By accessing the information, data and materials or related graphics in Palm Beach County's Web pages containing the Unified Land Development Code (ULDC), you hereby agree to accept the following terms and conditions in the Disclaimer. Entire Disclaimer.

View PPM


Article 4
Use Regulations


(Continued)

CHAPTER B     USE CLASSIFICATION

Section 1         Residential Uses

A.   Residential Use Matrix

1.   Residential-related accessory uses are identified in Table 4.B.1.D, Corresponding Accessory Use to a Principal Use.

 

Table 4.B.1.A – Residential Use Matrix

 

 

Standard Zoning Districts

Use Type

Planned Development Districts (PDDs)

Traditional Development Districts (TDDs)

 

AG/CON

Residential

Commercial

C

M

R

IND

INST

PUD (2)

MUPD (3)

PIPD

M

R

TND

TMD

 

Pods

FLU

Pods

H

V

Tier

 

P

A

A

AR

R

R

R

R

C

C

C

C

C

C

URAO

IRO

I

I

I

P

I

R

C

R

C

A

C

C

C

C

C

I

E

C

I

I

C

I

P

P

U/S

Exurban/

Rural

U

E

AGR

 

C

G

P

R

U

E

T

S

M

N

L

C

H

G

R

U

U

U

U

U

FLU

L

L

G

O

P

E

O

E

I

G

L

H

L

H

R

N

D

M

N

N

O

N

D

D

S

X

 

 

R

 

S

S

 

 

 

(2)

 

O

 

O

 

E

C

C

C

I

I

C

C

C

C

 

 

 

 

F

S

M

C

V

R

 

 

O

O

 

D

C

R

S

D

M

D

 

 

R

N

O

R

N

O

 

R

D

P

 

 

 

 

A

A

 

 

 

 

 

 

 

 

 

 

1

2

3

1

2

L

L

H

H

 

 

 

 

 

 

 

 

 

/

 

 

 

 

 

 

 

 

T

/

 

/

 

 

E

C

S

E

C

S

 

U

E

R

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

O

 

O

 

 

 

 

 

 

 

 

 

P

 

 

 

 

 

 

 

 

 

L

 

G

 

 

S

 

R

S

 

R

 

R

V

E

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

E

 

 

E

 

A

 

S

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Supplementary Use

Standards #

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C

 

 

C

 

L

 

 

 

Residential Uses (2)(4)

 

-

-

-

-

-

-

-

-

A

A

-

A

-

A

-

D

D

D

D

D

A

A

D

D

-

-

-

-

A

Congregate Living Facility

1

A

A

-

A

-

A

A

A

A

-

-

-

-

A

-

-

-

-

-

A

A

-

A

A

-

A

-

-

-

 

-

-

-

-

-

-

-

A

P

-

-

-

-

-

-

P

P

P

P

P

-

-

-

-

-

-

-

-

-

Cottage Home

2

P

-

-

-

-

P

P

-

-

-

-

-

-

-

P

-

-

-

-

P

-

-

P

-

-

-

-

-

-

 

-

P

-

P

P

P

P

P

P

-

-

-

-

-

-

P

P

P

P

P

-

-

-

-

-

-

-

-

-

Family Community Residence

3

P

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

P

-

-

-

-

-

-

-

-

-

 

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

Mobile Home Dwelling

4

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

P

-

-

-

-

-

-

-

-

-

-

-

 

-

-

-

-

-

-

-

-

A

-

-

-

-

-

-

D

D

D

D

D

D

D

D

D

-

-

-

-

-

Multifamily

5

P

-

-

-

-

D

D

-

D

-

-

-

-

-

-

-

-

-

-

P

P

-

P

P

-

P

P

P

-

 

-

-

-

-

-

-

-

-

P

-

-

-

-

-

-

D

D

D

D

D

D

D

D

D

-

-

-

-

-

Recovery Community

6

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

P

P

-

P

P

-

P

P

P

-

 

-

P

-

P

P

P

P

P

P

-

-

-

-

-

-

P

P

P

P

P

-

-

-

-

-

-

-

-

-

Single Family

7

P

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

P

-

-

P

-

-

-

-

-

-

 

-

-

-

-

-

-

-

A

D

-

-

-

-

-

-

D

D

D

D

D

D

D

D

D

-

-

-

-

-

Townhouse

8

P

-

-

-

-

D

D

-

D

-

-

-

-

-

-

-

-

-

-

P

-

-

A

-

-

P

P

P

-

 

-

-

-

-

-

-

-

-

P

-

-

-

-

-

-

D

D

D

D

D

-

-

-

-

-

-

-

-

-

Transitional Community Residence

9

-

-

-

-

-

D

D

-

D

-

-

-

-

-

-

-

-

-

-

P

P

-

P

P

-

P

P

P

-

 

-

-

-

-

-

-

-

A

D

-

-

-

-

-

-

D

D

D

D

D

-

-

-

-

-

-

-

-

-

Zero Lot Line Home (ZLL)

10

P

-

-

-

-

D

D

-

D

-

-

-

-

-

-

-

-

-

-

P

-

-

A

-

-

-

-

-

-

 

[Ord. 2017-007] [Ord. 2017-025] [Ord. 2018-002] [Ord. 2019-005] [Ord. 2019-034] [Ord. 2021-022] [Ord. 2021-023] [Ord. 2023-011]

 

Use Approval Process Key:

P

Permitted by Right

D

Subject to DRO approval

A

Subject to BCC approval (Class A Conditional Use)

B

Subject to Zoning Commission approval (Class B Conditional Use)

-

Prohibited use, unless stated otherwise within Supplementary Use Standards

(1)

Supplementary Use Standards for each use must be reviewed regardless of the approval process set forth in the Use Matrix. Refer to the numbers in the Supplementary Use Standards column.

(2)

The only residential use allowed in the RM or the PUD Zoning Districts, that has a CLR FLU designation, is a Congregate Living Facility (CLF). [Ord. 2019-005] [Ord. 2021-022]

(3)

CLF, Multifamily, Townhouse, and Cottage Home residential uses are permitted within an MUPD that has an underlying or split Residential or Agricultural Reserve Future Land Use designation. [Ord. 2019-005] [Ord. 2021-023]

(4)

Uses may require a higher level of approval pursuant to Table 4.A.9.A, Thresholds for Projects Requiring DRO Approval, and Table 4.A.9.B, Thresholds for Projects Requiring Board of County Commissioners Approval, unless otherwise specified within the Supplementary Use Standards of the specific use. [Ord. 2021-023]

 


(This page intentionally left blank)


B.   General Residential Standards

1.   Accessory Affordable Housing

Multifamily, Single Family, Townhouse, or Zero Lot Line Homes may be allowed in the IPF Zoning District as affordable housing in the same development of institutional, public, and civic uses such as Place of Worship. The dwelling units shall not be for sale and shall be subject to DRO approval. As part of the submittal requirement, the Applicant shall demonstrate that residential development will be under the direct supervision of a sponsoring non-profit organization or community-based group.

C.   Definitions and Supplementary Use Standards for Specific Uses

1.   Congregate Living Facility (CLF)
a.   Definition

A facility which provides long-term care, housing, food service, and one or more assistive care services for persons not related to the owner or administrator by blood or marriage. A permanent or temporary group living arrangement for people without disabilities, or a group living arrangement in which normalization and/or community integration are not integral elements, or a group living arrangement for people undergoing treatment in a program under the same or affiliated ownership, or congregate housing for people with disabilities who pose a direct threat to the health or safety of others including as an alternative to incarceration, or intermediate care or assisted living facilities that do not emulate a family. [Ord. 2021-022]

b.   Typical Uses

Typical uses may include, but are not limited to: [Ord. 2021-022]

1)   Group home or other CLF for housing for people without disabilities that does not emulate a family; [Ord. 2021-022]

2)   Group home or other CLF arrangement for people who may be considered a direct threat to the health or safety of others, that requires monitoring; [Ord. 2021-022]

3)   Intermediate care facility for people with developmental disabilities that does not emulate a family; [Ord. 2021-022]

4)   Assisted Living Facilities for adults with disabilities or elderly for the number of people that exceed the thresholds to be considered a Community Residence and do not emulate a family; [Ord. 2021-022]

5)   Shelters for victims of domestic abuse; [Ord. 2021-022]

6)   Previously approved Type 3 CLF, for people with disabilities that do not meet the requirements of a Community Residential Home pursuant to F.S. § 419.001, and the residents are: [Ord. 2021-022]

a)   Frail elders or disabled adults (F.S. § 429.65); [Ord. 2021-022]

b)   Persons with disabilities (F.S. § 760.22(3)(a)); [Ord. 2021-022]

c)   Persons who have a developmental disability (F.S. § 393.063); [Ord. 2021-022]

d)   Non-dangerous person who has a mental illness (F.S. § 394.455); [Ord. 2021-022]

e)   A child who is found to be dependent (F.S. § 39.01 or § 984.03); [Ord. 2021-022]

f)    A child in need of services (F.S. § 984.03 or § 985.03); or, [Ord. 2021-022]

7)   Previously approved Type 1 CLF or Type 2 CLF for people without disabilities that do not meet the definition and requirements for Family Community Residence or Transitional Community Residence. [Ord. 2021-022]

c.   Approval Process

1)   RS Zoning District

A CLF may be allowed in the RS Zoning District with an MR-5, HR-8, HR-12, or HR-18 FLU designation subject to a Class A Conditional Use approval. A CLF in the RS Zoning District with an LR-1, LR-2, and LR-3 FLU designation shall be prohibited. [Ord. 2019-005] [Ord. 2021-022]

d.   Maximum Occupancy

A CLF may include multiple dwelling units on a single lot. The maximum occupancy shall be determined by FLUE Table 2.2.1-g.1 of the Plan and multiplying the maximum allowable density by 2.39. A dwelling unit is equivalent to 2.39 residents/beds. [Ord. 2019-005] [Ord. 2021-022]

e.   Location

1)   A CLF shall have a front or side street property line abutting a Local Commercial, Collector, or an Arterial Street, except for the following: [Ord. 2021-022]

a)   A CLF having 25 residents or less may have frontage and access from a Local Street. [Ord. 2021-022]

b)   A CLF having 250 or fewer residents may be located in a Residential Pod with attached housing, and may have access to a Local Residential Street or a Residential Access Street. [Ord. 2021-022]

2)   A proposed CLF with 14 or fewer residents shall be located a minimum of 660 feet or seven lots whichever is greater, from an existing Community Residence, Recovery Community, or other CLF. A proposed CLF with more than 14 residents shall be located a minimum of 1,200 feet from an existing Community Residence, Recovery Community, or other CLF with more than 14 residents. The separation requirement in this Section shall be measured in linear feet from the closest points between the property lines. [Ord. 2021-022]

a)   Exception

A CLF approved as a Type 3 CLF prior to the effective date of Ordinance No. 2021-022, shall be considered a legal conforming use and not subject to these separation requirements, unless the proposed request is to add land area and will decrease the existing separation from the closest Community Residence, Recover Community, or other CLF. [Ord. 2021-022]

f.    Drop-Off Area

A drop-off area shall be provided for group transportation, such as vans or similar vehicles, when more than 14 residents. [Ord. 2021-022]

g.   Accessory Commercial Uses

A limited amount of commercial uses may be Permitted by Right as accessory uses in a CLF. Such uses shall be limited to Medical or Dental Office, Personal Services, and Retail Sales uses designed exclusively to serve the residents of the facility, such as a barber or beauty shop, banking services, and convenience retail sales. No more than ten percent of the GFA of the facility shall be used for accessory commercial uses. There shall be no exterior signage or other indication of the existence of these uses in the facility that may attract non-residents. [Ord. 2021-022]

h.   Congregate Living, Assistive Care Services

Assistance with activities of daily living and limited nursing services. [Ord. 2021-022]

i.    Cooking Facilities

A CLF shall provide and continuously maintain a central dining facility. Individual kitchen facilities may be provided in the living quarters of a CLF. [Ord. 2021-022]

2.   Cottage Home
a.   Definition for Cottage Homes

The use of a lot or a structure for one detached dwelling unit with reduced property development regulations. [Ord. 2018-018] [Ord. 2019-034]

b.   Cottage Home Size

A maximum of 1,000 square feet per unit.

c.   Cottage Homes in RS Zoning District

May be allowed in the RS Zoning District with an MR-5 or higher FLU designation, subject to Full DRO approval. [Ord. 2019-034]

d.   Cottage Homes in MF Pod or Lot

If Cottage Homes are developed in an MF Pod or lot, they shall be developed in a cluster with open space that is commonly shared by the individual tenants or owners, subject to the following: [Ord. 2019-034]

1)   Rear Garage

May have garage and driveways located in the rear of each unit. [Ord. 2019-034]

2)   Open Space

The units shall front on a commonly owned open space with a minimum width of 75 feet, measuring from the front façade of each unit or front porch, whichever is applicable. [Ord. 2019-034]

3.   Family Community Residence
a.   Definition

A Community Residence that provides a relatively permanent living arrangement for five to ten people with disabilities which, in practice and/or under its rules, charter, or other governing document, does not limit how long a resident may live there. The intent is for residents to live in the dwelling unit on a long-term basis, of at least a year. A Family Community Residence emulates a biological family to foster normalization of its residents and integrate them into the surrounding community. Its primary purpose is to provide shelter; foster and facilitate life skills; and, meet the physical, emotional, and social needs of the residents in a mutually supportive family-like environment. Medical treatment is incidental, as in any home. [Ord. 2021-022]

b.   Typical Uses

Typical uses shall conform to the definition and include, but not are limited to the following: [Ord. 2021-022]

1)   Oxford House or other long-term housing for people in recovery from substance use disorder, and with no limit on tenancy in practice or in rules; [Ord. 2021-022]

2)   Community Residential Home (F.S. ch. 419); [Ord. 2021-022]

3)   Assisted Living Facility for the elderly or other people with disabilities (F.S. § 429.02(5)); [Ord. 2021-022]

4)   Adult Family-Care Home (F.S. § 429.60); [Ord. 2021-022]

5)   Intermediate Care Facility for people with developmental disabilities (F.S. § 400.960); [Ord. 2021-022]

6)   Housing licensed by F.S. ch. 394; [Ord. 2021-022]

7)   Recovery Residences certified pursuant to F.S. ch. 397 currently the Florida Association of Recovery Residences, typically Levels 1-2 certified homes, when residency is one year or longer; or, [Ord. 2021-022]

8)   Previously approved Type 1 CLF or Type 2 CLF for people with disabilities that meets the definition and requirements for a Family Community Residence. [Ord. 2021-022]

c.   Approval Process

1)   Permitted by Right

a)   CL/CH/CHO-MUPD, IND/L-PIPD, TND Residential Use Zone Exurban/Rural Tier, TMD U/S, Exurban/Rural Tiers, or AGR Development Area Zoning Districts

A Family Community Residence may be Permitted by Right within previously approved Single Family, Zero Lot Line, Cottage Home, Townhouse, or Multifamily dwelling units, subject to compliance with Licensing, Certification, or Charter, Occupancy, and Location. [Ord. 2021-022]

2)   DRO Approval

a)   CL/CH/CHO-MUPD Zoning Districts

A Family Community Residence may be allowed in a proposed Zero Lot Line, Townhouse, or Multifamily dwelling units, subject to the approval procedures for those housing types. [Ord. 2021-022]

3)   Type 2 Waiver

A Family Community Residence may request a Type 2 Waiver pursuant to Art. 2.B.7.D, Type 2 Waiver, when the proposed use does not meet the requirements of one or more of the following: [Ord. 2021-022]

a)   Art. 4.B.1.C.3.d.1), Licensing or Certification, when licensing or certification is not required or available from the State of Florida or Florida Association of Recovery Residences or the Family Community Residence is not eligible for an Oxford House Charter. This does not apply when the Family Community Residence has been denied a license, certification, or Oxford House Charter, or it has been revoked; [Ord. 2021-022]

b)   Art. 4.B.1.C.3.e.2)a), Number of Residents, Including Staff That Reside in the Dwelling Unit, are more than ten, but still meets the definition of Family Community Residence; or, [Ord. 2021-022]

c)   Art. 4.B.1.C.3.f, Location, when the proposed Family Community Residence does not meet the minimum distance between other Community Residences, Recovery Communities, or Congregate Living Facilities. [Ord. 2021-022]

4)   Zoning Confirmation Letter

An Applicant proposing to have a Family Community Residence shall apply for a Zoning Confirmation Letter pursuant to Art. 2.C.8.A.2.d, Confirmation for a Community Residence, Recovery Community, or Congregate Living Facility, in order to confirm compliance with Licensing or Certification, Occupancy, and Location requirements. [Ord. 2021-022]

d.   Licensing, Certification, or Charter

1)   A Family Community Residence shall be licensed or certified by one of the licensing entities referenced in F.S. § 419.001, § 397.311, or § 397.487; or obtain an Oxford House Charter, as follows: [Ord. 2021-022]

a)   The appropriate available license, or certification that the State of Florida, or Florida Association of Recovery Residences, offers or requires to operate the proposed Family Community Residence, including any provisional license or certification issued prior to granting a full license or certification; pursuant to F.S. § 419.001, ch. 394, or § 397.487. [Ord. 2021-022]

b)   A “conditional” Oxford House Charter within 30-calendar days of the date on which the first individual occupies the Oxford House and a “permanent” Oxford House Charter within 180-calendar days after the “conditional” charter was issued. [Ord. 2021-022]

2)   An existing Type 1 or Type 2 CLF, or other facility or use that conforms to the definition of Family Community Residence, located in the unincorporated area of Palm Beach County as of the effective date of Ordinance No. 2021-022, that is not currently licensed or certified by the State of Florida, and that does not receive licensure, certification, or recertification from the designated state entity within one calendar year from the effective date of Ordinance No. 2021-022, shall not be considered a conforming use and shall cease operation one calendar year from the effective date of Ordinance No. 2021-022 or within 60-calendar days of the date on which certification, recertification, or the required license is denied, whichever date comes first. The operator of the unlicensed or uncertified Family Community Residence must return residents to their families or relocate them to a safe and secure living environment. [Ord. 2021-022]

3)   An existing use that conforms to the definition of Family Community Residence, and located in the unincorporated area of Palm Beach County that was previously licensed or certified by the State of Florida, or has an Oxford House Charter as of the effective date of Ordinance No. 2021-022, shall provide proof of license, certificate, or charter to the Zoning Division, within one calendar year from the effective date of Ordinance No. 2021-022. Should the operator fail to provide proof of license, certificate, or charter, they shall: [Ord. 2021-022]

a)   Cease operation and vacate the premises within 60-calendar days and the operator shall return residents to their families or relocate them to a safe and secure living environment; or [Ord. 2021-022]

b)   Request approval for the applicable use pursuant to adopted Ordinance. [Ord. 2021-022]

4)   Annual Notification of License, Certificate, or Charter

The Applicant shall annually provide proof of the valid license, certification, or charter pursuant to Art. 2.C.8.A.2.d, Confirmation for a Community Residence, Recovery Community, or Congregate Living Facility. Failure to provide proof of final licensure or certification from the State of Florida, or an Oxford House Charter will result in revocation of the approval for the use. [Ord. 2021-022]

e.   Occupancy

1)   Residents of a Family Community Residence may include, but are not limited to non-dangerous persons who are: [Ord. 2021-022]

a)   Frail elders or other adults with disabilities (F.S. § 429.65); [Ord. 2021-022]

b)   Persons with disabilities (F.S. § 760.22(3)(a)); [Ord. 2021-022]

c)   Persons with developmental disabilities (F.S. § 393.063); [Ord. 2021-022]

d)   Persons who have a mental illness (F.S. § 394.455); [Ord. 2021-022]

e)   A child who is found to be dependent (F.S. § 39.01 or § 984.03); [Ord. 2021-022]

f)    A child in need of services (F.S. § 984.03 or § 985.03); [Ord. 2021-022]

g)   Residents of an Oxford House or persons recovering from a substance use disorder; or, [Ord. 2021-022]

h)   Staff who reside in the home as part of the Family Community Residence and play an integral part of emulating a family. [Ord. 2021-022]

2)   Number of Residents, Including Staff That Reside in the Dwelling Unit

a)   Minimum five and no more than ten residents; or [Ord. 2021-022]

b)   Minimum five and no more than 14 residents defined pursuant to F.S. § 419.001. [Ord. 2021-022]

f.    Location

A Family Community Residence shall be located at least 660 feet or seven lots whichever is greater, from another Community Residence, Recovery Community, or Congregate Living Facility. The separation requirement in this Section shall be measured in linear feet from the closest points between the property lines. [Ord. 2021-022]

1)   Exemption

Per State law, Family Community Residences for people with developmental disabilities located in a “planned residential community” as defined by F.S. § 419.001(1)(d), are exempt from the spacing requirements between Community Residences, Recovery Communities, and Congregate Living Facilities established in this Code. [Ord. 2021-022]

g.   Revocation

An operator must provide evidence of license, certificate, or charter prior to the expiration of the 12-month Zoning Confirmation Letter for Family Community Residence, as issued. An operator who has not received licensure, certification, or charter; or where a license, certification, or charter was denied, revoked, or suspended, shall not be allowed to operate in PBC and the Zoning Confirmation Letter for the Family Community Residence shall become null and void. An operator must notify the Zoning Director, or designee, that its license, certification, or Oxford House Charter has been suspended or revoked within five-calendar days of the operator being notified of the suspension or revocation. Such an operator shall cease operation and vacate the premises within 60-calendar days and the operator of the Family Community Residence shall return residents to their families or relocate them to a safe and secure living environment. [Ord. 2021-022]

4.   Mobile Home Dwelling
a.   Definition

The use of a residential lot or unit for one Mobile Home.

b.   Principal Use

Only Mobile Home Dwellings located within the MHPD Zoning District, or within an existing approved Mobile Home Park, shall be treated as a principal use.

c.   Accessory Use – Bona Fide Agriculture

One Mobile Home structure may be allowed accessory to a principal Bona Fide Agriculture use.

1)   Lot Size

a)   AR (USA) and AGR Districts

A minimum of five acres.

b)   RR-2.5, RR-5, RR-10, and AP FLU Designation

A minimum of ten acres.

c)   RR-20 FLU Designation

A minimum of 20 acres.

2)   Setbacks

A minimum of 200 feet from a public street; 100 feet from all other property lines.

3)   Mobile Home Removal Agreement

A removal agreement shall be executed and notarized between the Building Division and Property Owner and recorded on the property in the Official Records of the PBC Clerk prior to issuance of any Building Permit. The agreement shall be recorded against the property stating that the Mobile Home shall be removed within 30 days in the event the property is sold or the Bona Fide Agriculture operation ceases to exist.

5.   Multifamily
a.   Definition

The use of a structure designed for two or more dwelling units which are attached or the use of a lot for two or more dwelling units.

b.   Typical Uses

Typical uses include apartments and residential condominiums.

c.   Overlay – WCRAO

Multifamily is prohibited in the NR Sub-area per Table 3.B.14.E, WCRAO Sub-area Use Regulations.

d.   Zoning District

1)   TMD District

AGR-TMDs shall be exempt from the integration requirement and shall comply with the Development Order approved by the BCC.

2)   RM District

Multifamily units may be allowed in the RM Zoning District as follows: [Ord. 2017-025]

a)   MR-5 FLU Designation

(1)  Existing RM Zoning

The property was zoned RM prior to the 1989 adoption of the Plan, and for lots less than three acres, provided that the proposed Multifamily development does not introduce Multifamily housing into a subdivision that is exclusively Single Family. [Ord. 2021-006] [Ord. 2023-009]

(2)  Density Bonus

The property is three acres or greater, utilizes the Transfer of Development Rights and/or Workforce Housing Program to increase density, and provided that the proposed Multifamily development does not introduce Multifamily housing into a subdivision that is exclusively Single Family. [Ord. 2023-009]

(3)  Approval Process

The approval process shall be as follows:

(a)  Permitted by Right for projects with one to four dwelling units; [Ord. 2023-009]

(b)  DRO for projects with five to eight dwelling units; [Ord. 2023-009]

(c)  Class B Conditional Use for projects with nine to 24 dwelling units; [Ord. 2023-009]

(d)  Class A Conditional Use for projects with 25 or greater dwelling units. [Ord. 2023-009]

(4)  Development Order

Prior approvals for Multifamily units in the RM Zoning District with an MR-5 FLU designation shall be considered legal conforming uses.

b)   HR-8, HR-12, or HR-18 FLU Designation

Multifamily units on parcels with an HR-8, HR-12, or HR-18 FLU designation, may be Permitted by Right unless Development Thresholds in Art. 4.A.9, Development Thresholds are triggered. [Ord. 2017-025]

c)   Limestone Creek

Multifamily units in the RM Zoning District shall be prohibited in the area bounded on the north by 184th Place North, on the south by the C-18 Canal, on the east by Central Boulevard and the municipal limits of the Town of Jupiter, and on the west by Narcissus Avenue (north of Church Street) and Limestone Creek Road (south of Church Street).

d)   Multifamily Units in Single Family Subdivisions

Multifamily units in the RM Zoning District shall not be approved on lots less than three acres within an existing exclusively Single Family subdivision. [Ord. 2023-009]

6.   Recovery Community
a.   Definition

Multiple dwelling units in Townhouses or Multifamily housing, or a group of Single Family or other detached dwellings, that are not held out to the general public for rent or occupancy, that provides a drug-free and alcohol-free mutually supportive living arrangement for people in recovery from substance use disorder, which, taken together, do not emulate a biological family and are under the auspices of a single entity or group of related entities. Recovery Communities include land uses for which the operator is eligible to apply for certification or licensing from the State of Florida. The term does not include any other group living arrangements for people who are not disabled nor any Community Residence, Congregate Living Facility, institutional or medical use, shelter, lodging or boarding house, extended-stay hotel, nursing home, vacation rental, or other use defined in this this Code. [Ord. 2021-022]

b.   Non-Conformities

1)   An existing Type 1 or Type 2 CLF, or other facility or use that conforms to the definition of Recovery Community, located in the unincorporated area of Palm Beach County as of the effective date of Ordinance No. 2021-022, that is not currently licensed or certified by the State of Florida, and that does not receive licensure, certification, or recertification from the designated State entity within one calendar year from the effective date of Ordinance No. 2021-022, shall not be considered a conforming use and shall cease operation one calendar year from the effective date of Ordinance No. 2021-022 or within 60-calendar days of the date on which certification, recertification, or the required license is denied, whichever date comes first. The operator of the unlicensed or uncertified Recovery Community must return residents to their families or relocate them to a safe and secure living environment. [Ord. 2021-022]

2)   An existing use that conforms to the definition of Recovery Community, and located in the unincorporated area of Palm Beach County that was previously licensed or certified by the State of Florida, as of the effective date of Ordinance No. 2021-022, shall provide proof of license or certificate to the Zoning Division, within one calendar year from the effective date of Ordinance No. 2021-022. Should the operator fail to provide proof of license, certificate, or charter, they shall: [Ord. 2021-022]

a)   Cease operation and vacate the premises within 60-calendar days and the operator shall return residents to their families or relocate them to a safe and secure living environment; or [Ord. 2021-022]

b)   Request approval for the applicable use pursuant to adopted Ordinance. [Ord. 2021-022]

c.   Approval Process

1)   Permitted by Right

a)   Residential Pod – PUD within Townhouse or Multifamily Housing

A Recovery Community may be located within an existing or proposed pod for attached housing subject to the approval process for the specific housing structure, and compliance with Art. 4.B.1.C.6.d, Licensing or Certification and Art. 4.B.1.C.6.e, Location. [Ord. 2021-022]

2)   RM Zoning District

A Recovery Community may be allowed in the RM Zoning District as follows: [Ord. 2021-022]

a)   MR-5 FLU Designation

(1)  Existing RM Zoning

The property was zoned RM prior to the 1989 adoption of the Plan. [Ord. 2021-022]

(2)  Previous Approval for Multifamily in the RM Zoning District with an MR-5 FLU Designation

A Recovery Community may be Permitted by Right when located within existing Multifamily units in the RM Zoning District with an MR-5 FLU designation, subject to compliance with Art. 4.B.1.C.6.d, Licensing or Certification and Art. 4.B.1.C.6.e, Location. Where a Multifamily with five or more units does not exist, the Applicant shall seek approval for a Multifamily use pursuant to Art. 4.B.1.C.5.d.2), RM District. [Ord. 2021-022]

(3)  A proposed Recovery Community with a maximum of four units may be Permitted by Right in the RM Zoning District with an MR-5 FLU designation, subject to compliance with Art. 4.B.1.C.6.d, Licensing or Certification and Art. 4.B.1.C.6.e, Location. [Ord. 2021-022]

b)   HR-8, HR-12, or HR-18 FLU Designation

A Recovery Community located on a parcel(s) with an HR-8, HR-12, or HR-18 FLU designation, may be Permitted by Right unless Development Thresholds in Art. 4.A.9, Development Thresholds are triggered, subject to compliance with Art. 4.B.1.C.6.d, Licensing or Certification and Art. 4.B.1.C.6.e, Location. [Ord. 2021-022]

c)   Limestone Creek

A Recovery Community in the RM Zoning District shall be prohibited in the area bounded on the north by 184th Place North, on the south by the C-18 Canal, on the east by Central Boulevard and the municipal limits of the Town of Jupiter, and on the west by Narcissus Avenue (north of Church Street) and Limestone Creek Road (south of Church Street). [Ord. 2021-022]

3)   Type 2 Waiver

A Recovery Community may request a Type 2 Waiver pursuant to Art. 2.B.7.D, Type 2 Waiver, when the proposed use does not meet the minimum distance between other Community Residences, Recovery Communities, or CLFs pursuant to Art. 4.B.1.C.1.e.2), Location. [Ord. 2021-022]

4)   Zoning Confirmation Letter

An Applicant proposing a Recovery Community shall apply for a Zoning Confirmation Letter pursuant to Art. 2.C.8.A.2.d, Confirmation for a Community Residence, Recovery Community, or Congregate Living Facility, in order to confirm compliance with Art. 4.B.1.C.6.d, Licensing or Certification and Art. 4.B.1.C.6.e, Location requirements. [Ord. 2021-022]

d.   Licensing or Certification

A Recovery Community shall be licensed or certified by one of the certifying entities referenced in F.S. § 397.487 and be actively managed by a certified recovery residence administrator. Certificate of Compliance and/or renewal shall be provided for application review. [Ord. 2021-022]

1)   Annual Notification of License, Certificate, or Charter

The Applicant shall annually provide proof of the valid license, certification, or charter pursuant to Art. 2.C.8.A.2.d, Confirmation for a Community Residence, Recovery Community, or Congregate Living Facility. Failure to provide proof of final licensure or certification from the State of Florida, will result in revocation of the approval for the use. [Ord. 2021-022]

e.   Location

A proposed Recovery Community shall be located at least 1,200 feet or ten lots whichever is greater, from the closest Recovery Community, Community Residence, or Congregate Living Facility. [Ord. 2021-022]

1)   The separation requirement in this Section shall be measured in linear feet from property line to property line. [Ord. 2021-022]

2)   The separation requirement, when developed as a group of Single Family or other detached dwellings and located on separate adjacent lots, shall be measured in linear feet from the perimeter property lines of the combined lots to the property line of the closest Recovery Community, Community Residence, or Congregate Living Facility. [Ord. 2021-022]

f.    Revocation

An operator must provide evidence of licensure or certification prior to the expiration of the 12-month Zoning Confirmation Letter for Recovery Community, as issued. An operator who has not received licensure or certification; or where a license or certification was denied, revoked, or suspended, shall not be allowed to operate in PBC and the Zoning Confirmation Letter for the Recovery Community shall become null and void. An operator must notify the Zoning Director, or designee, that its license, certification, or Oxford House Charter has been suspended or revoked within five-calendar days of the operator being notified of the suspension or revocation. Such an operator shall cease operation and vacate the premises within 60-calendar days and the operator of the Recovery Community shall return residents to their families or relocate them to a safe and secure living environment. [Ord. 2021-022]

7.   Single Family
a.   Definition

The use of a lot or a structure for one detached dwelling unit. [Ord. 2019-034]

8.   Townhouse
a.   Definition

A dwelling unit located on an individual lot and attached by at least one but no more than two party wall(s) along 50 percent of the maximum depth of the unit, to one or more dwelling units; has a continuous foundation; each on its own lot, with said party wall(s) being centered on the common property line(s) between adjacent lots.

b.   Approval Process – RS Zoning District

Townhouses shall only be allowed in the RS Zoning District on parcels with an LR-2 or higher FLU designation. Townhouses on parcels with an HR-8, HR-12, or HR-18 FLU designation, may be allowed subject to DRO approval.

9.   Transitional Community Residence
a.   Definition

A Community Residence that provides a relatively temporary living arrangement for unrelated people with disabilities with a limit on length of tenancy less than a year which may be measured in weeks or months as determined either in practice or by the rules, charter, or other governing document of the Transitional Community Residence. A Transitional Community Residence may service residents with substance use disorder who may be undergoing detoxification at another location. A Transitional Community Residence emulates a biological family to foster normalization of its residents and integrate them into the surrounding community. Its primary purpose is to provide shelter; foster and facilitate life skills; and, meet the physical, emotional, and social needs of the residents in a mutually supportive family-like environment. Medical treatment is incidental, as in any home. Transitional Community Residences include, but are not limited to, those residences that comport with this definition that are licensed by the Florida Agency for Persons with Disabilities, the Florida Department of Elder Affairs, the Florida Agency for Health Care Administration, and the Florida Department of Children and Families, under F.S. ch. 419, and Recovery Residences certified by the State’s designated credentialing entity established under F.S. § 397.487. [Ord. 2021-022]

b.   Typical Uses

Typical uses shall conform to the definition, with less than one year of tenancy, and include but are not limited to the following: [Ord. 2021-022]

1)   Halfway houses for people with disabilities that emulate a family, including people with illness, substance use disorder, physical disabilities, or mental illness; [Ord. 2021-022]

2)   Community Residential Facility licensed under F.S. ch. 419; [Ord. 2021-022]

3)   Housing licensed by F.S. ch. 394 with only outpatient treatment; [Ord. 2021-022]

4)   Recovery Residences certified pursuant to F.S. ch. 397 currently the Florida Association of Recovery Residences, typically Levels 1-4 certified homes, when residency is less than one year; [Ord. 2021-022]

5)   Short-term group home; [Ord. 2021-022]

6)   The Community Housing component associated with a day or night residential treatment center licensed under F.S. § 397.311; or, [Ord. 2021-022]

7)   Previously approved Type 1 CLF or Type 2 CLF for people with disabilities with less than one year of tenancy and meeting the definition of Transitional Community Residence. [Ord. 2021-022]

c.   Approval Process

1)   Permitted by Right

a)   AGR, AR, RE, RT, or RS Zoning Districts, Detached Units Residential Pod of a PUD, or Residential Land Use Zone of a TND; or ZLL or Cottage Homes within CL/CH/CHO-MUPD or IND/L-PIPD Zoning Districts; or the NR Sub-area of the WCRAO shall meet the following: [Ord. 2021-022]

(1)  Art. 4.B.1.C.9.d, Licensing, Certification, or Charter; [Ord. 2021-022]

(2)  Art. 4.B.1.C.9.e.2)a)(1), Occupancy, maximum six residents defined pursuant to F.S. § 419.001; and, [Ord. 2021-022]

(3)  Art. 4.B.1.C.9.f, Location. [Ord. 2021-022]

b)   IRO, UC, UI, or RM Zoning Districts; or existing attached housing within a Residential Pod of a PUD, CL/CH/CHO-MUPD, Residential or Neighborhood Center Land Use Zones of a TND, or TMD Zoning Districts shall meet the following: [Ord. 2021-022]

(1)  Art. 4.B.1.C.9.d, Licensing, Certification, or Charter; [Ord. 2021-022]

(2)  Art. 4.B.1.C.9.e.2)b), Occupancy; and, [Ord. 2021-022]

(3)  Art. 4.B.1.C.9.f, Location. [Ord. 2021-022]

2)   Type 2 Waiver

a)   Use Approval

A Transitional Community Residence, when the residents are not defined pursuant to F.S. § 419.001, shall request a Type 2 Waiver pursuant to Art. 2.B.7.D, Type 2 Waiver, to allow the use within the AGR, AR, RE, RT, or RS Zoning Districts, Detached Units Residential Pod of a PUD, or Residential Land Use Zone of a TND; or ZLL or Cottage Homes within CL/CH/CHO-MUPD or IND/L-PIPD Zoning Districts; or the NR Sub-area of the WCRAO subject to the following requirements: [Ord. 2021-022]

(1)  Art. 4.B.1.C.9.d, Licensing or Certification; [Ord. 2021-022]

(2)  Art. 4.B.1.C.9.e.2)a)(2), Occupancy; and, [Ord. 2021-022]

(3)  Art. 4.B.1.C.9.f, Location. [Ord. 2021-022]

(4)  An Applicant may seek additional Type 2 Waivers, when the Transitional Community Residents does not meet the requirements of one or more of the following: [Ord. 2021-022]

(a)  Art. 4.B.1.C.9.d, Licensing or Certification, when licensing or certification is not required or available from the State of Florida or Florida Association of Recovery Residences. This does not apply when the Transitional Community Residence has been denied a license or certification, or it has been revoked; [Ord. 2021-022]

(b)  Art. 4.B.1.C.9.e.2)a)(2), Occupancy, when the number of residents including staff that reside in the dwelling unit, are more than ten, but still meet the definition of Transitional Community Residence; or, [Ord. 2021-022]

(c)  Art. 4.B.1.C.9.f, Location, when the proposed Transitional Community Residence does not meet the minimum distance from other Community Residences, Recovery Communities, or Congregate Living Facilities. [Ord. 2021-022]

b)   A Transitional Community Residence may request a Type 2 Waiver pursuant to Art. 2.B.7.D, Type 2 Waiver, when the proposed use does not meet the requirements of one or more of the following: [Ord. 2021-022]

(1)  AGR, AR, RE, RT, or RS Zoning Districts, Detached Units Residential Pod of a PUD, or Residential Land Use Zone of a TND; or ZLL or Cottage Homes within CL/CH/CHO-MUPD or IND/L-PIPD Zoning Districts; or the NR Sub-area of the WCRAO

(a)  Art. 4.B.1.C.9.d.1), Licensing or Certification, when licensing or certification is not required or available from the State of Florida or the Florida Association of Recovery Residences. This does not apply when the Transitional Community Residence has been denied a license or certification, or it has been revoked; [Ord. 2021-022]

(b)  Art. 4.B.1.C.9.e.2)a)(1), Number of Residents, including staff that reside in the dwelling unit, are more than six but not exceeding 14 residents; or, [Ord. 2021-022]

(c)  Art. 4.B.1.C.9.f, Location, when the proposed Transitional Community Residence does not meet the minimum distance from the closest Community Residence, Recovery Community, or Congregate Living Facility. [Ord. 2021-022]

(2)  IRO, UC, UI, or RM Zoning Districts; or Existing Attached Housing within a Residential Pod of a PUD, CL/CH/CHO-MUPD, Residential or Neighborhood Center Land Use Zones of a TND, or TMD Zoning Districts

A Transitional Community Residence may request a Type 2 Waiver pursuant to Art. 2.B.7.D, Type 2 Waiver, when the proposed use does not meet the requirements of one or more of the following: [Ord. 2021-022]

(a)  Art. 4.B.1.C.9.d.1), Licensing or Certification, when licensing or certification is not required or available from the State of Florida or Florida Association of Recovery Residences. This does not apply when the Transitional Community Residence has been denied a license or certification, or it has been revoked; [Ord. 2021-022]

(b)  Art. 4.B.1.C.9.e.2)b)(1), Number of Residents, including staff that reside in the dwelling unit, are more than ten, but still meets the definition of Transitional Community Residence; or, [Ord. 2021-022]

(c)  Art. 4.B.1.C.9.f, Location, when the proposed Transitional Community Residence does not meet the minimum distance from the closest Community Residence, Recovery Community, or Congregate Living Facility. [Ord. 2021-022]

3)   Zoning Confirmation Letter

An Applicant proposing to establish a Transitional Community Residence shall apply for a Zoning Confirmation Letter pursuant to Art. 2.C.8.A.2.d, Confirmation for a Community Residence, Recovery Community, or Congregate Living Facility, in order to confirm compliance with Licensing or Certification, Occupancy, and Location requirements. [Ord. 2021-022]

d.   Licensing, Certification, or Charter

1)   A Transitional Community Residence shall be licensed or certified by one of the licensing entities referenced in F.S. § 419.001, § 397.311, or § 397.487; as follows: [Ord. 2021-022]

a)   The appropriate available license or certification that the State of Florida or Florida Association of Recovery Residences, offers or requires to operate the proposed Transitional Community Residence, including any provisional license or certification issued prior to granting a full license or certification pursuant F.S. § 419.001, § 397.311, or § 397.487. [Ord. 2021-022]

2)   An existing Type 1 or Type 2 CLF, or other facility or use that conforms to the definition of Transitional Community Residence, located in the unincorporated area of Palm Beach County as of the effective date of Ordinance No. 2021-022, that is not currently licensed or certified by the State of Florida, and that does not receive licensure, certification, or recertification from the designated State entity within one calendar year from the effective date of Ordinance No. 2021-022, shall not be considered a conforming use and shall cease operation one calendar year from the effective date of Ordinance No. 2021-022 or within 60-calendar days of the date on which certification, recertification, or the required license is denied, whichever date comes first. The operator of the unlicensed or uncertified Transitional Community Residence must return residents to their families or relocate them to a safe and secure living environment. [Ord. 2021-022]

3)   An existing use that conforms to the definition of Transitional Community Residence, and located in the unincorporated area of Palm Beach County that was previously licensed or certified by the State of Florida, as of the effective date of Ordinance No. 2021-022, shall provide proof of license or certificate to the Zoning Division, within one calendar year from the effective date of Ordinance No. 2021-022. Should the operator fail to provide proof of license, certificate, or charter, they shall: [Ord. 2021-022]

a)   Cease operation and vacate the premises within 60-calendar days and the operator shall return residents to their families or relocate them to a safe and secure living environment; or, [Ord. 2021-022]

b)   Request approval for the applicable use pursuant to adopted Ordinance. [Ord. 2021-022]

4)   Annual Notification of License, Certificate, or Charter

The Applicant shall annually provide proof of the valid license, certification, or charter pursuant to Art. 2.C.8.A.2.d, Confirmation for a Community Residence, Recovery Community, or Congregate Living Facility. Failure to provide proof of final licensure or certification from the State of Florida, will result in revocation of the approval for the use. [Ord. 2021-022]

e.   Occupancy

1)   Residents of a Transitional Community Residence may include but are not limited to: [Ord. 2021-022]

a)   Frail elders or other people with disabilities (F.S. § 429.65); [Ord. 2021-022]

b)   Persons with disabilities (F.S. § 760.22(3)(a)); [Ord. 2021-022]

c)   Persons with development disabilities (F.S. § 393.063); [Ord. 2021-022]

d)   Non-dangerous person who has a mental illness (F.S. § 394.455); [Ord. 2021-022]

e)   A child who is found to be dependent (F.S. § 39.01 or § 984.03); [Ord. 2021-022]

f)    A child in need of services (F.S. § 984.03 or § 985.03); [Ord. 2021-022]

g)   Persons recovering from substance use disorder; [Ord. 2021-022]

h)   Staff who reside in the home of the Transitional Community Residence and play an integral part of emulating a family. [Ord. 2021-022]

2)   Number of Residents, Including Staff That Reside on the Property

a)   AGR, AR, RE, RT, or RS Zoning Districts, Detached Units Residential Pod of a PUD, or Residential Land Use Zone of a TND; or ZLL or Cottage Homes within CL/CH/CHO-MUPD Zoning Districts

(1)  Maximum six residents defined pursuant to F.S. § 419.001; [Ord. 2021-022]

(2)  Residents not defined pursuant to F.S. § 419.001 require a Type 2 Waiver to allow the use with a minimum of five and a maximum of ten residents. [Ord. 2021-022]

b)   IRO, UC, UI, or RM Zoning Districts; or Existing Attached Housing within a Residential Pod of a PUD, CL/CH/CHO-MUPD, Residential or Neighborhood Center Land Use Zones of a TND, or TMD Zoning Districts

(1)  Minimum five and a maximum of ten; or [Ord. 2021-022]

(2)  Minimum five and a maximum of 14 for residents defined pursuant to F.S. § 419.001. [Ord. 2021-022]

f.    Location

A Transitional Community Residence shall be located at least 660 feet or seven lots whichever is greater, from another Community Residence, Recovery Community, or Congregate Living Facility. The separation requirement in this Section shall be measured in linear feet from property line to property line. [Ord. 2021-022]

1)   Exemption

Per State law, Transitional Community Residences for people with developmental disabilities located in a “planned residential community” as defined by F.S. § 419.001(1)(d), are exempt from the spacing requirements between Community Residences, Recovery Communities, and Congregate Living Facilities established in this Code. [Ord. 2021-022]

g.   Revocation

An operator must provide evidence of a license or certificate prior to the expiration of the 12-month Zoning Confirmation Letter for Transitional Community Residence, as issued. An operator who has not received licensure or certification; or where a license or certification was denied, revoked, or suspended, shall not be allowed to operate in PBC and the Zoning Confirmation Letter for the Transitional Community Residence shall become null and void. An operator must notify the Zoning Director, or designee, that its license, certification, or Oxford House Charter has been suspended or revoked within five-calendar days of the operator being notified of the suspension or revocation. Such an operator shall cease operation and vacate the premises within 60-calendar days and shall either return residents to their families or relocate them to a safe and secure living environment. [Ord. 2021-022]

10. Zero Lot Line Home (ZLL)
a.   Definition

The use of a lot for one detached dwelling unit with at least one wall, but not more than two walls or a portion thereof, located directly adjacent to a side lot line.

b.   Approval Process – RS Zoning District

A ZLL Home shall only be allowed in the RS Zoning District with an LR-2 or higher FLU designation. ZLL Homes on parcels with an HR-8, HR-12, or HR-18 FLU designation, may be allowed subject to DRO approval.

D.   General Standards for Accessory Uses

Accessory uses shall comply with the specific Supplementary Use Standards contained in this Section.

1.   Corresponding Accessory Use to a Principal Use

Accessory uses identified in Table 4.B.1.D, Corresponding Accessory Use to a Principal Use, shall be:

a.   Permitted by Right unless stated otherwise; and

b.   Allowed to the corresponding principal use in the Table.

 

Table 4.B.1.D – Corresponding Accessory Use to a Principal Use

Accessory Use

Principal Use

Mobile Home Dwelling

Multifamily

Single Family

Townhouse

Zero Lot Line

Bona Fide Agriculture

Stable, Commercial/ Stable, Private

Agricultural Uses

Commercial Uses

Industrial Uses

Institutional, Public, and Civic Uses

Recreation Uses

Utility and Excavation Uses

Transportation Uses

Accessory Quarters

-

-

P

P

P

-

-

-

-

-

-

-

-

-

Caretaker Quarters

-

-

-

-

-

P

P

P

P

P

P

P

P

P

Estate Kitchen

-

-

P

-

P

-

-

-

-

-

-

-

-

-

Family Day Care Home

P

P

P

P

P

-

-

-

-

-

-

-

-

-

Farm Residence (2)

-

-

-

-

-

P (1)

-

-

-

-

-

-

-

-

Farm Workers Quarters

-

-

-

-

-

P

-

-

-

-

-

-

-

-

Garage Sale

P

P

P

P

P

-

-

-

-

-

-

-

-

-

Groom’s Quarters

-

-

-

-

-

-

A

-

-

-

-

-

-

-

Guest Cottage

-

-

P

P

P

-

-

-

-

-

-

-

-

-

Home Occupation

P

P

P

P

P

-

-

-

-

-

-

-

-

-

Kennel, Type 1

-

-

P

-

-

-

-

-

-

-

-

-

-

-

Limited Pet Boarding

-

-

A (3)

-

-

-

-

-

-

-

-

-

-

-

[Ord. 2018-002] [Ord. 2018-018] [Ord. 2020-001]

Notes:

-

Accessory use not allowed.

P

Permitted by Right.

A

Accessory use subject to Class A Conditional Use unless stated otherwise—See principal use and accessory use supplementary standards.

1.

Farm Residence may only be accessory to Bona Fide Agriculture in the AGR and AP Zoning District.

2.

Accessory uses to Single Family are Permitted by Right to a Farm Residence.

3.

Limited Pet Boarding shall be allowed in the AGR and AR/RSA and AR/USA Zoning Districts only.

 

2.   Property Development Regulations (PDRs)

Accessory residential uses shall be subject to the PDRs of the zoning district in which the use is located unless stated otherwise.

3.   Ownership

Accessory residential uses shall remain under the same ownership of the principal use and shall not be subdivided or sold as a condominium.

4.   Duplicate Use

Provided all other applicable standards in the Code are met, a principal use shall be allowed to have no more than one of each of the accessory uses listed in Table 4.B.1.D, Corresponding Accessory Use to a Principal Use, unless stated otherwise.

5.   Discontinuation of Use

An accessory use shall continue only as long as the principal use that it serves remains active.

E.   Accessory Residential Use Standards

1.   Accessory Quarters
a.   Definition

A complete, separate living facility equipped with a kitchen and provisions for sanitation and sleeping, located on the same lot as the owner-occupied principal dwelling.

b.   Building Area

The use shall be subject to the following:

1)   On less than one acre: a maximum of 800 square feet.

2)   On one acre or more: a maximum of 1,000 square feet.

3)   The floor area calculation shall include only the living area of the Accessory Quarters under a solid roof.

4)   Additional floor area under a solid roof that is utilized as a porch, patio, porte-cochère, carport, or garage shall not exceed 500 square feet.

c.   Compatibility

The Accessory Quarters shall be architecturally compatible in character and materials with the principal dwelling.

d.   Kitchen Facilities Removal

An agreement to remove all kitchen equipment shall be executed and notarized between the Building Division and Property Owner and recorded on the property in the Official Records of the PBC Clerk prior to issuance of any Building Permit. The agreement shall require the kitchen to be removed if the principal dwelling is no longer owner occupied.

e.   No Separate Utility Service

There shall be no separate meters for any utilities. Both, the principal dwelling and the accessory dwelling shall be connected to the same utilities.

f.    Design and Development Standards – Townhouse or Zero Lot Line

A detached Accessory Quarters associated with a Townhouse or a Zero Lot Line shall be located in the rear of the lot with access from a street or alley.

2.   Caretaker Quarters
a.   Definition

An accessory residence used by a caretaker engaged in providing security, custodial, or managerial services upon the premises.

b.   Building Area, Except When Accessory to Government Facilities

The use shall be subject to the following:

1)   On less than one acre: a maximum of 800 square feet.

2)   On one acre or more: a maximum of 1,000 square feet.

c.   Occupancy

A Caretaker Quarters shall be for the exclusive use of the site on which it is located and shall be occupied only by the custodian or caretaker and their family.

d.   Temporary Use

Unless stated otherwise, a Caretaker Quarters use shall not be allowed in association with a Temporary Use.

e.   Mobile Home

A Mobile Home may be used for a Caretaker Quarters only in the AGR, AP, AR, IL, IG, PO, IPF, and MHPD districts. A Mobile Home used in the AGR, AP, or AR districts, shall be subject to the minimum acreage requirement pursuant to Art. 4.B.1.C.4.c, Accessory Use – Bona Fide Agriculture. [Ord. 2018-002]

f.    Mobile Home Removal Agreement

A removal agreement shall be executed and notarized between the Building Division and Property Owner and recorded on the property in the Official Records of the PBC Clerk prior to issuance of the Building Permit. The agreement shall be recorded against the property stating that the Mobile Home shall be removed within 30 days in the event the property is sold or the principal use ceases to exist.

3.   Estate Kitchen
a.   Definition

A second kitchen located within a principal Single Family, Zero Lot Line, or Farm Residence.

b.   Conversion to Duplex Prohibited

A secondary kitchen may be added provided there shall not be the presence of a second complete and separate living environment associated with the secondary kitchen.

4.   Family Day Care Home
a.   Definition

An occupied residence in which custodial care is rendered to one to six children, inclusive, and for which the owner or operator receives a payment, fee, or grant for any of the children receiving care, whether or not operating for profit, consistent with F.S. § 125.0109 as amended.

b.   Signage

Signs shall not be permitted.

5.   Farm Residence
a.   Definition

A dwelling unit, other than a Mobile Home, located on a parcel of land used for a Bona Fide Agriculture use and occupied by the owner or operator of the farm operation.

b.   Principal Dwelling

One principal dwelling shall be permitted for each bona fide farm operation.

6.   Farm Workers Quarters
a.   Definition

One or more residential structures providing a complete living environment, occupied by farm workers who provide labor in conjunction with a Bona Fide Agriculture operation.

b.   Building Area

One Farm Workers Quarters may be allowed for each 25 acres, subject to the following:

1)   Limited to a maximum of four beds; and

2)   The structure shall not exceed 1,000 square feet of GFA under a solid roof.

c.   AGR Tier

AGR-PUD or TMD Preserves shall be allowed one dwelling unit per acre provided such units are clustered onto a single compact area of the preserve and are restricted to occupancy by farm workers. Farm Workers Quarters shall not be located on property in the AGR Tier to which no residential density is assigned by the FLU designation.

d.   Mobile Home Removal Agreement

A Mobile Home may be used for a Farm Workers Quarters. A removal agreement shall be executed and notarized between the Building Division and Property Owner and recorded on the property in the Official Records of the PBC Clerk prior to issuance of the Building Permit. The agreement shall be recorded against the property stating that the Mobile Home shall be removed within 30 days in the event the property is sold or the Bona Fide Agriculture operation ceases to exist.

7.   Garage Sale
a.   Definition

Temporary sale of household articles, in the front yard or garage of a dwelling unit, by the occupant.

b.   Duration

A maximum of 72 hours.

c.   Number of Sales

A maximum of two per year per dwelling unit.

8.   Groom's Quarters
a.   Definition

On-site living quarters for persons responsible for grooming and caring for horses boarded at a Stable.

b.   Zoning Districts – AGR-PUD or AGR-TMD

1)   20 Groom’s Quarters may be allowed on the Preservation Area of an AGR-PUD or AGR-TMD.

2)   For more than 20 Groom’s Quarters, the allowable density shall be decreased by one unit for each Groom’s Quarters and shall not exceed a maximum reduction of one-half of the number of dwelling units associated with the Preservation Area.

c.   Number of Groom’s Quarters

1)   20 Acres or Less

One Groom’s Quarters may be allowed for every four horse stalls.

2)   More Than 20 Acres

One Groom’s Quarters may be allowed for every three horse stalls.

d.   Building Area

1)   Each Unit

Each Groom’s Quarters shall not exceed 500 square feet of GFA per unit.

2)   20 Acres or Less

The total GFA for all Groom’s Quarters shall not exceed 5,000 square feet per lot.

3)   Occupancy

Shall be limited to on-site employees and members of the employees’ family only.

e.   Approval Process

 

Table 4.B.1.E – Groom’s Quarters

Process

Number of Groom’s Quarters Permitted

Class A Conditional Use

≥ 101

Class B Conditional Use

21-100

DRO

5-20

Permitted by Right

4 max.

 

f.    Kitchen Facilities Removal

Groom's Quarters may contain individual cooking facilities and/or one common dining facility. An agreement to remove all kitchen equipment shall be executed and notarized between the Building Division and Property Owner and recorded on the property in the Official Records of the PBC Clerk prior to issuance of the Building Permit for the Groom’s Quarters. The agreement shall require the kitchen to be removed within 90 days of the unit ceasing to operate as a Groom’s Quarters.

9.   Guest Cottage
a.   Definition

An accessory sleeping quarters provided for non-paying guests by the owner/occupant of a principal dwelling unit.

b.   Building Area

The use shall be subject to the following:

1)   On less than one acre: a maximum of 800 square feet.

2)   On one acre or more: a maximum of 1,000 square feet.

3)   The floor area calculation shall include only the living area of the Guest Cottage under a solid roof.

4)   Floor area under a solid roof that is utilized as a porch, patio, porte-cochère, or carport shall not exceed 500 square feet of GFA.

c.   Kitchen or Cooking Facilities

There shall be no kitchen or cooking facilities in a Guest Cottage.

d.   Compatibility

A Guest Cottage shall be architecturally compatible in character and materials with the principal dwelling unit.

e.   No Separate Utility Service

There shall be no separate meters for any utilities. Both the principal dwelling and the Guest Cottage shall be connected to the same utilities.

10. Home Occupation
a.   Definition

A business, profession, occupation, trade, artisan, or handcraft conducted in a dwelling unit for commercial gain by a resident of the unit. A Home Occupation shall not include those businesses that are open to the public including those required by State of Florida agencies.

b.   Incidental Nature

Shall be clearly incidental and subordinate to the residential use of the dwelling property.

c.   Location

With the exception of outdoor instructional services, a Home Occupation shall be conducted within the principal dwelling or off site, and shall not be conducted within any accessory building or structure or within any open porch or carport that is attached to and part of the principal structure. Instructional services, which by their nature must be conducted outside of the principal structure, such as swimming lessons, shall be located in a rear or side yard.

d.   No Change to Character of Dwelling

The residential character of the dwelling in terms of exterior appearance and interior space shall not be altered or changed to accommodate a Home Occupation.

e.   Employees

Shall be conducted by members of the immediate family residing in the dwelling unit only. A maximum of one person who is not a member of the immediate family may assist in the operation of the Home Occupations at the residence.

f.    Advertising

No external evidence or sign shall advertise, display, or otherwise indicate the presence of the Home Occupation, nor shall the street address of the Home Occupation be advertised through signs, billboards, television, radio, or newspapers. Advertising on vehicles shall be limited to the minimum necessary to meet requirements mandated by F.S. ch. 489 or Chapter 67-1876 of the PBC Contractor’s Certification Division Manual.

g.   Cottage Foods

No food preparation shall be allowed, except as allowed in accordance with F.S. § 500.80, Cottage Food Operations, as amended.

h.   On-Premise Sale of Goods and Services

A Home Occupation shall not involve the sale of any stock, trade, supplies, products, or services on the premises, except for instructional services or incidental retail sales where the Home Occupation is a mail-order or internet business.

i.    Instructional Services

Instructional services shall meet the following additional regulations:

1)   Home Instruction, Inside

Teaching which takes place inside the dwelling unit of the instructor. Typical instruction includes music lessons and academic tutoring.

2)   Home Instruction, Outside

Teaching which takes place outside the dwelling unit, on the property of the instructor. This type of instruction is limited to subject matter which necessitates outside instruction. Typical instruction includes tennis, swimming lessons, dog training, and equestrian lessons.

3)   Hours of Operation

Instruction shall occur only between the hours of 9:00 a.m. and 8:00 p.m. daily.

4)   Number of Students

A maximum of three students at a time may be allowed to receive instruction during a lesson.

5)   Parking

No more than two vehicles associated with the lessons may be allowed to be parked at the instructor's home at any time.

6)   Resident

The instruction must be conducted by a resident of the dwelling where lessons are provided. Only one instructor may be allowed to provide instruction.

j.    Home Occupation in the AR/RSA

Additional standards and approval process apply to Home Occupation with limited Landscape Service or limited Contractor Storage Yard pursuant to this Article. [Ord. 2018-018]

k.   Outside Storage

No equipment or materials used in the Home Occupation shall be stored or displayed outside of the dwelling, including driveways.

l.    Nuisances

No Home Occupation shall involve the use of any mechanical, electrical, or other equipment, materials, or items which produce noise, electrical or magnetic interference, vibration, heat, glare, smoke, dust, odor, or other nuisance outside the residential building. There shall be no storage of hazardous or noxious materials on the site of the Home Occupation. [Ord. 2019-034]

m.  Violations or Hazard

If any of the above requirements are violated, or if the use, or any part thereof, is determined by the Zoning Director to create a health or safety hazard, then the Business Tax Receipt may be revoked.

n.   Vehicles

One business-related vehicle per dwelling unit not over one ton rated capacity may be parked at the home, provided the vehicle is registered to a resident of the dwelling; commercial vehicles are prohibited.

11. Kennel, Type 1
a.   Definition

A residential lot with a Single Family dwelling designed or arranged to facilitate the non-commercial care of domestic dogs and cats, owned by the occupants of the premises.

b.   Private Non-Profit

A Type 1 Kennel may include a private non-profit animal organization that is not open to the public. A PBCACC Excess Animal Habitat permit shall be prohibited.

c.   Hobby Breeder

A person who breeds up to two litters of dogs or cats or 19 dogs or cats per one-year period, on their property. A hobby breeder is further defined and regulated by the PBCACC pursuant to Ordinance No. 98-22, as amended.

12. Limited Pet Boarding
a.   Definition

A Single Family dwelling with accessory boarding of domestic cats or dogs not owned by the occupants of the premises.

b.   Approval Process

The use shall be subject to Class A Conditional Use approval process in the AGR and AR/RSA and AR/USA Zoning Districts pursuant to Art. 2, Application Processes and Procedures. In addition, the Applicant shall submit simultaneously with the Class A Conditional Use application a letter from ACC confirming the Applicant’s intent to develop the proposed use in the specific location.

c.   Lot Size

A minimum of one acre.

d.   Separation Distance

Shall not be located within a radius of 1,000 feet of another Limited Pet Boarding use. The separation distance shall be measured from property line to property line.

e.   Maximum Number

No more than a total of seven cats or dogs shall be boarded at any given time. The total number of cats and dogs boarded and owned by the resident of the Single Family dwelling shall not exceed the maximum limits for dogs and cats established by Animal Care and Control pursuant to Sec. 4-22 of the PBC Code.

f.    Boarding

Cats or dogs shall be boarded within the Single Family structure except when outdoor activities take place. Boarding operations not conducted within the Single Family dwelling, but in an accessory structure, must be a legally conforming use as of October 1, 2016.

g.   Hours

1)   Outdoor activities shall be limited to 7:00 a.m. and 9:00 p.m. unless under the restraint or control of a person by means of a leash.

2)   Business hours including drop-off and pick-up shall be between 6:00 a.m. to 7 p.m.

h.   Outdoor Areas

1)   Cats and dogs shall be personally supervised during the outdoor activity; and

2)   Shall be set back a minimum of 25 feet from all property lines.

i.    Signage

No signage shall be allowed to advertise the Limited Pet Boarding use.

j.    ACC Permit

The operator of the use shall obtain Zoning approval prior to application for an Operational Permit by the ACC.


(This page intentionally left blank)


(This page intentionally left blank)


(This page intentionally left blank)


Section 2         Commercial Uses

A.   Commercial Use Matrix

 

Table 4.B.2.A – Commercial Use Matrix

 

 

Standard Zoning Districts

Use Type

Planned Development Districts (PDDs)

Traditional Development Districts (TDDs)

 

AG/CON

Residential

Commercial

C

M

R

IND

INST

PUD

MUPD

PIPD

M

R

TND

TMD

 

Pods

FLU

Pods

H

V

Tier

 

P

A

A

AR

R

R

R

R

C

C

C

C

C

C

URAO

IRO

I

I

I

P

I

R

C

R

C

A

C

C

C

C

C

I

E

C

I

I

C

I

P

P

U/S

Exurban/

Rural

U

E

AGR

 

C

G

P

R

U

E

T

S

M

N

L

C

H

G

R

U

U

U

U

U

FLU

L

L

G

O

P

E

O

E

I

G

L

H

L

H

R

N

D

M

N

N

O

N

D

D

S

X

 

 

R

 

S

S

 

 

 

 

 

O

 

O

 

E

C

C

C

I

I

C

C

C

C

 

 

 

 

F

S

M

C

V

R

 

 

O

O

 

D

C

R

S

D

M

D

 

 

R

N

O

R

N

O

 

R

D

P

 

 

 

 

A

A

 

 

 

 

 

 

 

 

 

 

1

2

3

1

2

L

L

H

H

 

 

 

 

 

 

 

 

 

/

 

 

 

 

 

 

 

 

T

/

 

/

 

 

E

C

S

E

C

S

 

U

E

R

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

O

 

O

 

 

 

 

 

 

 

 

 

P

 

 

 

 

 

 

 

 

 

L

 

G

 

 

S

 

R

S

 

R

 

R

V

E

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

E

 

 

E

 

A

 

S

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Supplementary Use

Standards #

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C

 

 

C

 

L

 

 

 

Commercial Uses (2)

 

-

-

-

-

-

-

-

-

-

-

-

-

-

D

-

D

D

-

D

-

-

-

-

-

-

D

D

-

-

Adult Entertainment

1

-

-

-

-

-

-

-

-

-

-

-

-

-

-

D

D

-

-

-

-

-

-

-

-

-

-

-

-

-

 

-

P

-

-

-

-

-

-

-

-

-

D

-

P

P

D (3)

D (3)

D (3)

D (3)

D (3)

-

-

P

-

-

P

P

-

-

Auction, Indoor

2

-

P

-

-

-

-

P

-

-

P

P

-

-

-

P

P

P

-

-

-

-

-

-

-

-

P

-

-

-

 

-

P

-

-

-

-

-

-

-

-

-

-

-

A

A

-

-

-

-

-

-

-

-

-

-

P

P

-

-

Auction, Outdoor

2

-

-

-

-

-

-

A

-

-

A

A

-

-

-

P

A

P

-

-

-

-

-

-

-

-

-

-

-

-

 

-

-

-

D

D

D

D

D

D

-

-

-

-

-

-

D

D

D

D

D

-

-

-

-

-

-

-

-

-

Bed and Breakfast

3

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

 

-

-

-

-

-

-

-

-

-

A

-

A

-

D

-

D

D

D

D

D

A

-

D

-

-

D

-

-

-

Car Wash

4

-

D

-

-

-

A

D

-

-

-

P

-

-

-

P

P

P

-

-

-

D

-

-

D

-

D

D

D

-

 

-

-

-

-

-

-

-

-

-

P

-

P

-

P

P

D

D

D

D

D

D

-

D

-

-

P

P

-

-

Catering Service

5

-

P

-

-

-

P

P

-

-

P

P

-

-

-

D

P

D

-

-

-

P

-

-

P

-

P

-

P

-

 

-

-

-

-

-

-

-

-

-

A

-

A

-

A

A

D

D

A

D

A

A

-

A

-

-

-

-

-

-

Cocktail Lounge

6

-

A

-

-

-

A

A

-

-

A

-

-

-

-

-

A

-

-

-

-

-

-

-

-

-

A

A

A

-

 

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

Commercial Communication Tower – See Approval Process in Table 4.B.9.A.

 

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

 

-

-

-

-

-

-

-

-

-

A

-

B

-

P

-

D

D

D

D

D

D

-

D

-

-

-

-

-

-

Convenience Store

7

-

P

-

-

-

P

P

-

-

-

-

-

-

-

-

P

-

P

P

-

P

-

-

P

-

P

D

D

-

 

-

-

-

-

-

-

-

-

-

-

-

-

-

A

-

D

D

D

D

D

-

-

D

-

D

P

P

-

-

Dispatching Service

8

-

-

-

-

-

-

A

-

-

-

P

-

D

-

P

A

P

-

-

-

-

-

-

-

-

-

-

-

-

 

-

-

-

-

-

-

-

-

-

-

-

D

-

D

-

D

D

D

D

D

D

D

D

D

-

P

-

-

-

Dog Day Care

9

-

D

-

-

-

-

D

-

-

-

P

-

-

-

P

D

-

-

-

-

D

-

-

D

-

D

D

D

-

 

-

-

-

-

-

-

-

-

-

P

P

A

P

P

-

D

D

D

D

D

D

D

D

D

-

-

-

-

-

Financial Institution

10

-

A

-

-

-

A

P

A

P

-

-

-

-

-

-

P

-

-

-

-

P

-

-

P

-

P

P

P

-

 

-

-

-

-

-

-

-

-

-

-

-

A

D

D

-

D

D

D

D

D

A

A

D

D

-

-

-

-

-

Financial Institution with Drive-Through Facilities

11

-

A

-

-

-

A

D

A

D

-

-

-

-

-

-

D

-

-

-

-

A

-

-

A

-

D

A

A

-

 

-

-

-

-

-

-

-

-

-

-

-

D

D

D

-

D

D

D

D

D

D

D

D

D

-

-

-

-

-

Financial Institution – Freestanding ATM

12

-

D

-

-

-

D

D

D

D

-

-

-

-

-

-

D

-

-

-

-

D

-

-

D

-

D

D

D

-

 

-

-

-

-

-

-

-

-

-

-

-

-

-

P

-

D

D

D

D

D

-

-

D

-

-

-

-

-

-

Flea Market, Indoor

13

-

P

-

-

-

-

P

-

-

-

-

-

-

-

-

P

-

-

-

-

-

-

-

-

-

P

P

P

-

 

-

-

-

-

-

-

-

-

-

-

-

-

-

A

A

A

A

A

A

A

-

-

-

-

-

-

-

-

-

Flea Market, Outdoor

14

-

-

-

-

-

-

A

-

-

-

-

-

-

-

-

A

-

-

-

-

-

-

-

-

-

-

-

-

-

 

[Ord. 2017-007] [Ord. 2017-025] [Ord. 2018-002] [Ord. 2019-005] [Ord. 2019-034] [Ord. 2021-023] [Ord. 2023-011] [Ord. 2023-012]

 

Use Approval Process Key:

P

Permitted by Right

D

Subject to DRO approval

A

Subject to BCC approval (Class A Conditional Use)

B

Subject to Zoning Commission approval (Class B Conditional Use)

-

Prohibited use, unless stated otherwise within Supplementary Use Standards

(1)

Supplementary Use Standards for each use must be reviewed regardless of the approval process set forth in the Use Matrix. Refer to the numbers in the Supplementary Use Standards column.

(2)

Uses may require a higher level of approval pursuant to Table 4.A.9.A, Thresholds for Projects Requiring DRO Approval, and Table 4.A.9.B, Thresholds for Projects Requiring Board of County Commissioners Approval, unless otherwise specified within the Supplementary Use Standards of the specific use. [Ord. 2021-023]

(3)

The change in use for a previously approved non-residential structure shall be Permitted by Right, if in compliance with Art. 3.B.16.E.1, Right to Continue or Change Uses.


 

Table 4.B.2.A – Commercial Use Matrix

 

 

Standard Zoning Districts

Use Type

Planned Development Districts (PDDs)

Traditional Development Districts (TDDs)

 

AG/CON

Residential

Commercial

C

M

R

IND

INST

PUD

MUPD

PIPD

M

R

TND

TMD

 

Pods

FLU

Pods

H

V

Tier

 

P

A

A

AR

R

R

R

R

C

C

C

C

C

C

URAO

IRO

I

I

I

P

I

R

C

R

C

A

C

C

C

C

C

I

E

C

I

I

C

I

P

P

U/S

Exurban/

Rural

U

E

AGR

 

C

G

P

R

U

E

T

S

M

N

L

C

H

G

R

U

U

U

U

U

FLU

L

L

G

O

P

E

O

E

I

G

L

H

L

H

R

N

D

M

N

N

O

N

D

D

S

X

 

 

R

 

S

S

 

 

 

 

 

O

 

O

 

E

C

C

C

I

I

C

C

C

C

 

 

 

 

F

S

M

C

V

R

 

 

O

O

 

D

C

R

S

D

M

D

 

 

R

N

O

R

N

O

 

R

D

P

 

 

 

 

A

A

 

 

 

 

 

 

 

 

 

 

1

2

3

1

2

L

L

H

H

 

 

 

 

 

 

 

 

 

/

 

 

 

 

 

 

 

 

T

/

 

/

 

 

E

C

S

E

C

S

 

U

E

R

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

O

 

O

 

 

 

 

 

 

 

 

 

P

 

 

 

 

 

 

 

 

 

L

 

G

 

 

S

 

R

S

 

R

 

R

V

E

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

E

 

 

E

 

A

 

S

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Supplementary Use

Standards #

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C

 

 

C

 

L

 

 

 

Commercial Uses (2)

 

-

-

-

-

-

-

-

-

-

A

-

A

-

A

-

A

A

A

A

A

A

-

A

-

-

-

-

-

-

Gas and Fuel Sales, Retail

15

-

A

-

-

-

A

A

-

-

-

-

-

-

-

-

A

-

-

-

-

A

-

-

A

-

A

A

A

-

 

-

-

-

-

-

-

-

-

-

D

-

D

-

D

-

D

D

D

D

D

D

D

D

D

-

-

-

-

-

Green Market

16

-

D

-

-

-

D

D

-

-

-

-

-

-

-

-

D

-

-

-

-

D

-

-

D

-

D

D

D

-

 

-

-

-

-

-

-

-

-

-

-

-

A

A

P

-

D

D

D

D

D

A

-

D

-

-

-

-

-

-

Hotel or Motel

17

-

A

-

-

-

-

P

-

A

A

-

-

-

-

-

P

-

-

-

-

-

-

-

-

-

A

A

-

-

 

-

B

-

-

-

-

-

-

-

-

-

-

-

D

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

Kennel, Type 2 (Commercial)

18

-

D

-

-

-

-

D

-

-

-

-

-

-

-

-

D

-

-

-

-

-

-

-

-

-

-

-

-

-

 

-

-

-

-

-

-

-

-

-

-

-

D

-

P

-

D

D

D

D

D

P

-

P

-

-

-

-

-

-

Kennel, Type 3 (Commercial Enclosed)

19

-

P

-

-

-

P

P

-

-

-

-

-

-

-

-

P

 

-

-

-

-

-

-

-

-

P

P

P

-

 

-

-

-

A

-

-

-

-

-

-

-

B

-

B

-

-

-

-

-

-

-

-

-

-

D

P

P

-

-

Landscape Service

20

-

A

-

-

-

-

A

-

-

-

P

D

D

-

P

P

P

-

-

-

-

-

-

-

-

-

-

-

-

 

-

-

-

-

-

-

-

-

-

P

-

A

-

A

-

D (3)

D (3)

D (3)

D (3)

D (3)

A

-

A

-

-

A

A

-

-

Laundry Service

21

-

A

-

-

-

A

A

-

-

-

A

-

-

-

A

A

A

-

-

-

A

-

-

A

-

A

A

A

-

 

-

-

-

-

-

-

-

-

-

-

-

-

-

A

B

-

-

-

-

-

-

-

D

-

-

P

P

D

-

Marina

22

-

A

A

-

-

-

A

-

-

A

-

-

-

-

-

P

-

-

-

-

-

-

-

-

-

-

-

-

-

 

-

-

-

-

-

-

-

-

-

A

A

P

A

P

-

D (3)

D (3)

D (3)

D (3)

D (3)

D

D

P

P

-

-

-

P

-

Medical or Dental Office

23

-

P

-

-

-

P

P

P

P

-

-

-

-

-

-

P

-

-

-

-

P

-

-

P

-

P

P

P

-

 

-

-

-

-

-

-

-

-

-

A

A

A

P

P

-

-

-

D (3)

-

D (3)

D

D

P

P

-

-

-

-

-

Office, Business or Professional

24

-

P

-

-

-

P

P

P

P

-

-

-

-

-

-

P

-

-

-

-

P

-

-

P

-

P

P

P

-

 

-

-

-

-

-

-

-

-

-

-

-

-

A

D

A

A

A

A

A

A

-

-

A

-

-

-

-

P

-

Parking, Commercial

25

-

-

-

-

-

-

D

-

A

A

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

A

-

-

-

 

-

-

-

-

-

-

-

-

-

-

-

-

-

A

-

A

A

A

A

A

A

-

D

-

-

-

-

-

-

Pawnshop

26

-

-

-

-

-

-

A

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

 

-

-

-

-

-

-

-

-

-

A

-

P

-

P

P

D (3)

D (3)

D (3)

D (3)

D (3)

D

-

D

-

-

-

-

-

-

Personal Services

27

-

P

-

-

-

P

P

-

-

-

-

-

-

-

-

P

-

P

-

-

P

-

-

P

-

P

P

P

-

 

-

-

-

-

-

-

-

-

-

-

-

-

-

A

-

D

A

-

A

-

-

-

A

-

-

P

P

P

-

Repair and Maintenance, Heavy

28

-

-

-

-

-

-

A

-

-

-

P

-

-

-

P

A

P

-

-

-

-

-

-

-

-

A

A

A

-

 

-

-

-

-

-

-

-

-

-

A

-

A

-

D

-

D

D

A

D

A

A

-

D

-

-

P

P

-

-

Repair and Maintenance, Light

29

-

A

-

-

-

D

P

-

-

-

P

-

-

-

D

P

D

-

-

-

-

-

-

-

-

D

D

D

-

 

[Ord. 2017-007] [Ord. 2017-025] [Ord. 2018-002] [Ord. 2021-023] [Ord. 2021-039] [Ord. 2023-011]

 

Use Approval Process Key:

P

Permitted by Right

D

Subject to DRO approval

A

Subject to BCC approval (Class A Conditional Use)

B

Subject to Zoning Commission approval (Class B Conditional Use)

-

Prohibited use, unless stated otherwise within Supplementary Use Standards

(1)

Supplementary Use Standards for each use must be reviewed regardless of the approval process set forth in the Use Matrix. Refer to the numbers in the Supplementary Use Standards column.

(2)

Uses may require a higher level of approval pursuant to Table 4.A.9.A, Thresholds for Projects Requiring DRO Approval, and Table 4.A.9.B, Thresholds for Projects Requiring Board of County Commissioners Approval, unless otherwise specified within the Supplementary Use Standards of the specific use. [Ord. 2021-023]

(3)

The change in use for a previously approved non-residential structure shall be Permitted by Right, if in compliance with Art. 3.B.16.E.1, Right to Continue or Change Uses.


 

Table 4.B.2.A – Commercial Use Matrix

 

 

Standard Zoning Districts

Use Type

Planned Development Districts (PDDs)

Traditional Development Districts (TDDs)

 

AG/CON

Residential

Commercial

C

M

R

IND

INST

PUD

MUPD

PIPD

M

R

TND

TMD

 

Pods

FLU

Pods

H

V

Tier

 

P

A

A

AR

R

R

R

R

C

C

C

C

C

C

URAO

IRO

I

I

I

P

I

R

C

R

C

A

C

C

C

C

C

I

E

C

I

I

C

I

P

P

U/S

Exurban/

Rural

U

E

AGR

 

C

G

P

R

U

E

T

S

M

N

L

C

H

G

R

U

U

U

U

U

FLU

L

L

G

O

P

E

O

E

I

G

L

H

L

H

R

N

D

M

N

N

O

N

D

D

S

X

 

 

R

 

S

S

 

 

 

 

 

O

 

O

 

E

C

C

C

I

I

C

C

C

C

 

 

 

 

F

S

M

C

V

R

 

 

O

O

 

D

C

R

S

D

M

D

 

 

R

N

O

R

N

O

 

R

D

P

 

 

 

 

A

A

 

 

 

 

 

 

 

 

 

 

1

2

3

1

2

L

L

H

H

 

 

 

 

 

 

 

 

 

/

 

 

 

 

 

 

 

 

T

/

 

/

 

 

E

C

S

E

C

S

 

U

E

R

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

O

 

O

 

 

 

 

 

 

 

 

 

P

 

 

 

 

 

 

 

 

 

L

 

G

 

 

S

 

R

S

 

R

 

R

V

E

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

E

 

 

E

 

A

 

S

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Supplementary Use

Standards #

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C

 

 

C

 

L

 

 

 

Commercial Uses (2)

 

-

-

-

-

-

-

-

-

-

P

-

P

-

P

-

D (3)

D (3)

D (3)

D (3)

D (3)

D

-

D

-

-

P

-

P

-

Repair Services, Limited

30

-

P

-

-

-

P

P

-

-

-

P

-

-

-

P

P

-

-

-

-

P

-

-

P

-

P

P

P

-

 

-

-

-

-

-

-

-

-

-

-

-

A

-

A

A

D

D

D

D

D

A

-

A

-

-

-

-

-

-

Restaurant, Type 1

31

-

A

-

-

-

A

A

-

A

-

-

-

-

-

-

A

-

-

-

-

-

-

-

-

-

A

A

A

-

 

-

-

-

-

-

-

-

-

-

A

-

D

-

D

A

D

D

D

D

D

D

-

D

-

-

-

-

-

-

Restaurant, Type 2

32

-

A

-

-

-

A

D

-

A

A

-

-

-

-

-

A

-

-

-

-

A

-

-

A

 

D

D

D

-

 

-

-

-

-

-

-

-

-

-

P

-

P

-

P

-

D (3)

D (3)

D (3)

D (3)

D (3)

D

-

D

-

-

-

-

-

-

Retail Sales

33

-

P

-

-

-

P

P

-

-

-

-

-

-

-

-

P

-

-

-

-

P

-

-

P

-

P

P

P

-

 

-

-

-

-

-

-

-

-

A

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

Rooming and Boarding House

34

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

 

-

-

-

-

-

-

-

-

-

-

A

A

A

A

-

D

D

D

D

D

D

-

D

-

A

D

-

-

-

Self-Service Storage, Limited Access

35

-

A

-

-

-

A

D

-

-

-

D

-

A

-

D

D

-

-

-

-

A

-

-

A

-

D

D

D

-

 

-

-

-

-

-

-

-

-

-

-

-

-

-

A

-

D

D

D

D

D

D

-

D

-

-

D

-

-

-

Self-Service Storage, Multi-Access

35

-

-

-

-

-

A

A

-

-

-

D

-

-

-

D

A

-

-

-

-

-

-

-

-

-

-

-

-

-

 

-

-

-

-

-

-

-

-

-

-

-

-

-

-

A

D

D

D

D

D

-

-

-

-

-

-

-

-

-

Single Room Occupancy (SRO)

36

-

-

-

-

-

-

A

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

A

A

-

-

 

-

-

-

-

-

-

-

-

-

P

-

A

-

A

A

A

A

A

A

A

A

-

A

-

-

-

-

A

-

Theater and Performance Venue

37

-

A

-

-

-

-

A

-

-

A

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

A

A

A

-

 

-

-

-

-

-

-

-

-

-

-

-

-

-

A

-

A

-

-

A

-

-

-

A

-

-

A

-

-

-

Vehicle or Equipment Sales and Rental, Heavy

38

-

-

-

-

-

-

A

-

-

-

A

-

-

-

A

-

-

-

-

-

-

-

-

-

-

-

-

-

-

 

-

-

-

-

-

-

-

-

-

-

-

A

-

A

-

D

D

-

D

-

A

-

D

-

-

-

-

-

-

Vehicle Sales and Rental, Light

39

-

A

-

-

-

A

A

-

-

-

-

-

-

-

-

A

-

-

-

-

-

-

-

-

-

A

A

A

-

 

-

A

-

A

A

-

-

-

-

P

A

P

D

P

-

D

D

D

D

D

D

-

D

-

-

P

-

-

-

Veterinary Clinic

40

-

P

-

-

-

P

P

A

P

-

-

-

-

-

-

P

-

-

-

-

P

-

-

P

-

P

P

P

-

 

-

-

-

-

-

-

-

-

-

P

-

P

P

P

-

D (3)

D (3)

D (3)

D (3)

D (3)

D

D

D

D

A

P

P

P

P

Vocational Institution

41

-

P

-

-

-

P

P

-

P

-

P

P

A

P

P

P

P

-

-

-

-

-

-

-

-

-

-

P

-

 

-

-

-

-

-

-

-

-

-

A

A

A

D

D

-

D

D

D

D

D

D

D

D

D

-

-

-

-

-

Work/Live Space

42

-

P

-

-

-

P

P

P

P

-

-

-

-

-

-

P

-

-

-

-

P

-

-

P

-

P

P

P

-

 

[Ord. 2017-007] [Ord. 2017-025] [Ord. 2018-002] [Ord. 2021-023] [Ord. 2023-011]

 

Use Approval Process Key:

P

Permitted by Right

D

Subject to DRO approval

A

Subject to BCC approval (Class A Conditional Use)

B

Subject to Zoning Commission approval (Class B Conditional Use)

-

Prohibited use, unless stated otherwise within Supplementary Use Standards

(1)

Supplementary Use Standards for each use must be reviewed regardless of the approval process set forth in the Use Matrix. Refer to the numbers in the Supplementary Use Standards column.

(2)

Uses may require a higher level of approval pursuant to Table 4.A.9.A, Thresholds for Projects Requiring DRO Approval, and Table 4.A.9.B, Thresholds for Projects Requiring Board of County Commissioners Approval, unless otherwise specified within the Supplementary Use Standards of the specific use. [Ord. 2021-023]

(3)

The change in use for a previously approved non-residential structure shall be Permitted by Right, if in compliance with Art. 3.B.16.E.1, Right to Continue or Change Uses.

 


(This page intentionally left blank)


B.   General Commercial Standards

1.   Bay Doors

Unless stated otherwise in this Article or Art. 6.E, Loading Standards, service bay doors shall not face any residential use, or vacant parcel of land with a residential FLU designation, except as follows:

a.   When separated by an Arterial or Collector Street a minimum of 80 feet in width.

b.   When separated by a Local Commercial Street, provided the R-O-W Buffer is upgraded to include a minimum six-foot-high hedge.

c.   When separated by a parcel with a non-residential use such as utilities, canal R-O-W, easements, FDOT, or County drainage, a minimum of 80 feet in width, subject to the provision of a Type 3 Incompatibility Buffer with a continuous two-foot-high berm. The required wall shall be placed on the top of the berm. Canopy trees shall be one and one-half times the required tree quantity.

d.   Requests for a Type 2 Variance from bay door regulations may be allowed in accordance with Art. 2, Application Processes and Procedures.

e.   When residential uses are within the same MUPD and not vertically integrated, the non-residential structure with the bay doors shall be separated from a residential structure by a minimum of 50 feet and screened from view. [Ord. 2019-005]

C.   Definitions and Supplementary Use Standards for Specific Uses

1.   Adult Entertainment
a.   Establishment

Any adult arcade, adult theater, adult bookstore/adult video store, adult motel, or adult dancing establishment; or any establishment or business operated for commercial gain where any employee, operator, or owner exposes his/her specified anatomical area for viewing by patrons, including but not limited to: massage establishments whether or not licensed pursuant to F.S. ch. 480, tanning salons, modeling studios, or lingerie studios. The following definitions and Supplementary Use Standards shall apply to all Adult Entertainment establishments:

b.   Definitions

The following definitions apply for the purposes of the Adult Entertainment establishment provisions of this Code.

1)   Adult Arcade

Any place or establishment operated for commercial gain, which invites or permits the public to view adult material. For purposes of this Code, “adult arcade” is included within the definition of “adult theater.”

2)   Adult Bookstore/Adult Video Store

An establishment which sells, offers for sale, or rents adult material for commercial gain and which meets either of the following two criteria:

a)   More than 30 percent of the gross public floor area is devoted to adult material; or

b)   More than 30 percent of the stock in trade consists of adult material.

3)   Adult Booth

A small enclosed or partitioned area inside an Adult Entertainment establishment which is: (1) designed or used for the viewing of adult material by one or more persons; and (2) is accessible to any person, regardless of whether a fee is charged for access. The term “adult booth” includes, but is not limited to, a “peep show” booth, or other booth used to view adult material. The term “adult booth” does not include a foyer through which any person can enter or exit the establishment, or a restroom.

4)   Adult Dancing Establishment

An establishment selling, serving, or allowing consumption of alcoholic beverages, where employees display or expose specified anatomical areas to others, regardless of whether the employees actually engage in dancing.

5)   Adult Entertainment

a)   Any adult arcade, adult theater, adult bookstore/adult video store, adult motel, or adult dancing establishment; or any establishment or business operated for commercial gain where any employee, operator, or owner exposes his/her specified anatomical area for viewing by patrons, including but not limited to: massage establishments whether or not licensed pursuant to F.S. ch. 480, tanning salons, modeling studios, or lingerie studios.

b)   Excluded from this definition are any educational institutions where the exposure of the specified anatomical area is associated with a curriculum or program.

c)   An establishment that possesses an Adult Entertainment license is presumed to be an Adult Entertainment establishment.

6)   Adult Material

Any one or more of the following, regardless of whether it is new or used:

a)   Books, magazines, periodicals, or other printed matter; photographs, films, motion pictures, video cassettes, slides, or other visual representations; recordings or other audio matter; and, novelties or devices which have as their primary or dominant theme subject matter depicting, exhibiting, illustrating, describing, or relating to specified sexual activities or specified anatomical areas; or

b)   Instruments, novelties, devices, or paraphernalia which are designed for use in connection with specified sexual activities.

7)   Adult Motel

A hotel, motel, or similar commercial establishment which offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas;” and has a sign visible from the public streets which advertises the availability of this adult type of photographic reproductions.

8)   Adult Theater

An establishment operated for commercial gain which consists of an enclosed building, or a portion or part thereof, or an open-air area used for viewing of adult material. “Adult motels,” “adult arcade,” “adult booth” and “adult motion picture theater” are included within the definition of “adult theater.” An establishment which has “adult booths” is considered to be an “adult theater.”

9)   Adult Video Store

See Adult Bookstore.

10) Commercial Gain

Operated for pecuniary gain, which shall be presumed for any establishment which has received a Business Tax Receipt. For the purpose of this Code, commercial or pecuniary gain shall not depend on actual profit or loss.

11) Educational Institution

A premises or site within a municipality or within the unincorporated area of PBC upon which there is a governmentally licensed child care facility for six or more children, or elementary or secondary (K-12) school, attended in whole or in part by persons under 18 years of age.

12) Employee

Any person who works, performs, or exposes his/her specified anatomical areas in an establishment, irrespective of whether said person is paid a salary or wages by the owner or manager of the business, establishment, or premises. “Employee” shall include any person who pays any form of consideration to an owner or manager of an establishment, for the privilege to work performing or exposing his/her specified anatomical areas within the establishment.

13) Person

Includes an individual(s), firm(s), association(s), joint ventures(s), partnership(s), estate(s), trust(s), business trust(s), syndicate(s), fiduciary(ies), corporation(s), and all other or any other similar entity.

14) Religious Activities

Any daily, weekly, or periodic activity associated with or that occurs at a religious institution.

15) Religious Institution

A premises or site which is used primarily or exclusively for religious worship and related religious ecclesiastical or denominational organization or established place of worship, retreat site, camp, or similar facilities owned or operated by a bona fide religious group for religious activities shall be considered a religious institution.

16) Specified Anatomical Areas

Less than completely and opaquely covered:

a)   Human genitals and pubic region; or

b)   The opening between the human buttocks, i.e. the anal cleft; or

c)   That portion of the human female breast encompassed within an area falling below the horizontal line one would have to draw to intersect a point immediately above the top of the areola (the colored ring around the nipple); this definition shall include the entire lower portion of the female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola is not so exposed; or

d)   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

17) Specified Sexual Activities

a)   Human genitals in a state of sexual stimulation, arousal, or tumescence; or

b)   Acts of human anilingus, bestiality, buggery, cunnilingus, coprophagy, coprophilia, fellation, flagellation, masochism, masturbation, necrophilia, pederasty, pedophilia, sadism, sadomasochism, sexual intercourse, or sodomy; or

c)   Fondling or other erotic touching of human genitals, pubic region, buttock, anus, or female breast; or

d)   Excretory functions as part of or in connection with any of the activities set forth in Art. 4.B.2.C.1.b.16), Specified Anatomical Areas and this Subsection.

c.   Exclusions

Excluded from this definition are any educational institutions where the exposure of the specified anatomical area is associated with a curriculum or program.

d.   License per Palm Beach County Adult Entertainment Code

1)   An establishment that possesses an Adult Entertainment license as indicated in Art. 4.B.2.C.1.n.1)c), is presumed to be an Adult Entertainment establishment.

2)   An Adult Entertainment use approved by the DRO, after March 2, 2017, shall hold a valid Adult Entertainment license pursuant to the “Adult Entertainment Code,” Chapter 17, Article V of the PBC Code, as may be amended, prior to issuance of a Business Tax Receipt.

e.   Review and Approval Process

1)   Applications for new Adult Entertainment establishments or legal non-conforming establishments exceeding the thresholds in Art. 1.F, Non-Conformities, shall be subject to DRO approval.

2)   An Adult Entertainment establishment shall be exempt from the requirements under Development Thresholds in this Article or any thresholds in this Code that require the use to be subject to a Conditional Use approval. [Ord. 2019-005]

3)   The Zoning Director shall determine what DRO Agencies shall review the application, including but not limited to the Building Division, Fire Department, and Zoning Division. The DRO shall approve, approve with conditions, or deny the application within 21 days of a determination of application sufficiency as contained in Art. 2.B.2, Sufficiency Review.

f.    Conditions

The Zoning Director shall take into consideration DRO Agency-recommended conditions that clearly implement their specific Agency Code provisions.

g.   Relief from a Decision

A Person seeking a DRO approval or a Person holding a previously approved Special Permit or an Adult Entertainment Establishment License, has the right to immediately seek relief from a denial of application sufficiency for a DRO, denial of a DRO application, or revocation or suspension of a Special Permit or DRO approval, as applicable, to the Circuit Court in the 15th Judicial Circuit of the State of Florida.

h.   Purpose and Intent

The following standards are intended to provide for the proper location of Adult Entertainment uses in order to protect the integrity of adjacent neighborhoods, educational uses, religious uses, parks, and other commercial uses. Proper separation of Adult Entertainment uses prevents the creation of “skid-row” areas in unincorporated PBC that result from the concentration of these uses and their patrons. It is also the intent of these standards to limit the secondary effects of Adult Entertainment uses and to ensure that residential districts, religious uses, educational uses, parks, and other commercial uses are located in areas free from the secondary effects of Adult Entertainment uses. The location of residential districts, religious uses, educational uses, parks, and other commercial uses within viable, unblighted, and desirable areas supports the preservation of property values and promotes the health, safety, and welfare of the public.

i.    Findings of Fact

Based on the evidence and testimony presented at the October 5, 2004 preliminary reading and the October 19, 2004 and November 16, 2004 Public Hearings before the BCC, and the August 27, 2009 preliminary reading and the September 24, 2009 and October 22, 2009 Public Hearings before the BCC, and on the findings incorporated in: the “Final Report to the City of Garden Grove: The Relationship Between Crime and Adult Business Operations on Garden Grove Boulevard,” October 1991; “Adult Entertainment Businesses in Indianapolis: An Analysis” conducted by the Department of Metropolitan Development, Division of Planning, February 1984; the “Study of the Effects of Concentration of Adult Entertainment Establishments in the City of Los Angeles” conducted by the Los Angeles City Planning Department for the Los Angeles City Council, June 1977; the study conducted by the City of Austin, Texas; the “Presentation to the Orange County Commission” by the Metropolitan Bureau of Investigation (MBI) for the Ninth Judicial Circuit (Orlando area); the expert affidavit prepared for Palm Beach County by Eric Damian Kelly, Ph.D., FAICP, dated September 24, 2004; letter from Dale M. Tarvis, M.D.; “Analysis of Availability of Sites for Adult Entertainment in Palm Beach County” prepared for Palm Beach County by Duncan Associates, November 2003; Adult Entertainment Analysis for Palm Beach County, Florida, Final Report, by Cooper Planning Consultants, January 2019; the “Crime-Related Secondary Effects of Sexually-Oriented Businesses – Report to the County Attorney, Palm Beach County, Florida” prepared by Valerie Jenness, Ph.D., Richard McCleary, Ph.D., James W. Meeker, JD, Ph.D., August 15, 2007; the “Survey of Florida Appraisers – Effects of Land Uses on Surrounding Property Values” prepared for Palm Beach County by Duncan Associates, December 2007 (Report 2008); and, information from Tampa, Florida detailing the effects of Adult Entertainment establishments in the Tampa area, the BCC hereby finds the following: [Ord. 2019-034]

1)   Commercial uses exist or may exist within unincorporated PBC where books, magazines, motion pictures, prints, photographs, periodicals, records, novelties, and/or other devices that depict, illustrate, describe, or relate to specified sexual activities are possessed, displayed, exhibited, distributed, and/or sold.

2)   Commercial uses exist or may exist within unincorporated PBC:

a)   Where the superficial tissues of one person are manipulated, rubbed, stroked, kneaded, and/or tapped by a second person, accompanied by the display or exposure of specified anatomical areas;

b)   Where dancers, entertainers, performers, or other individuals, who, for any form of commercial gain, perform or are presented while displaying or exposing any specified anatomical area; or,

c)   Where lap dancing occurs.

3)   This competitive commercial exploitation of such nudity and semi-nudity is adverse to the public's interest and the quality of life, tone of commerce, and the community environment in PBC.

a)   When the activities described in Art. 4.B.2.C.1.b.16), Specified Anatomical Areas and Art. 4.B.2.C.1.b.17), Specified Sexual Activities, are presented in commercial uses, other activities that are illegal, immoral, or unhealthful tend to accompany them, concentrate around them, and be aggravated by them. Such other activities include, but are not limited to, prostitution, solicitation for prostitution, lewd and lascivious behavior, possession, distribution, and transportation of obscene materials, sale or possession of controlled substances, and violent crimes against persons and land.

b)   When the activities described in Art. 4.B.2.C.1.b.16), Specified Anatomical Areas and Art. 4.B.2.C.1.b.17), Specified Sexual Activities, are present in commercial uses within PBC, they tend to blight neighborhoods, adversely affect neighboring businesses, lower property values, promote crime, and ultimately lead residents and businesses to move to other locations.

c)   There is a direct relationship between the display and depiction of specified anatomical areas as described in Art. 4.B.2.C.1.b.16), Specified Anatomical Areas and Art. 4.B.2.C.1.b.17), Specified Sexual Activities, and an increase in criminal activities, moral degradation, and disturbances of the peace and good order of the community, and the occurrence of these activities are hazardous to the health and safety of those persons in attendance and tend to depreciate the value of adjoining land and harm the economic welfare of the community as a whole. These secondary effects are adverse to the public's interest and quality of life, the tone of commerce, and the community environment in PBC.

4)   Based upon these findings, the BCC finds that there are a sufficient number of available locations for new Adult Entertainment uses within unincorporated Palm Beach County.

5)   Based upon these findings, it is in the interest of the health, safety, morals, and general welfare of the citizens of PBC that Adult Entertainment uses are regulated pursuant to the following standards.

j.    Separation

There shall be no Variance to the location standards contained herein.

1)   General

An Adult Entertainment use shall be located outside of the minimum distances indicated below including properties within a municipality or within the unincorporated area of PBC:

a)   Other Adult Entertainment

2,000 feet.

b)   A Place of Worship

1,000 feet.

c)   An Educational Institution

1,000 feet.

d)   A Public Park

500 feet.

e)   A Residential Zoning District

Which is Designated as Residential by any Local Comprehensive Plan,

500 feet.

f)    A Cocktail Lounge

750 feet.

2)   Measurement of Distance

The distance set forth above shall be measured by drawing a straight line between the nearest point on the perimeter of the exterior wall or bay housing the proposed Adult Entertainment establishment to the nearest point on the property line of the relevant Place of Worship, educational institution, Public Park, or residential zoning district. For the purpose of measuring the distance, also see Art. 1.C, Rules of Construction and Measurement, between Adult Entertainment uses, the distance shall be measured by drawing a straight line between the nearest point on the perimeter of the exterior wall or bay of the proposed or existing Adult Entertainment establishment and the nearest point on the exterior wall or bay of another Adult Entertainment establishment. Measurement shall be made in a straight line, without regard to intervening structures or objects.

3)   WCRA Overlay

Adult Entertainment is prohibited within the boundaries of the WCRAO, as per Art. 3.B.14.E, Use Regulations.

k.   Subsequent Development within Location Standards

The subsequent approval of a Development Order for a Place of Worship, educational institution, Public Park, or residential district within the distances outlined above shall not change the status of the Adult Entertainment use to that of a non-conforming use.

l.    Landscaping

A Type 2 Incompatibility Buffer, pursuant to Art. 7.C, Landscape Buffer and Interior Landscape Requirements with Canopy trees spaced a minimum of 20 feet on center and a wall a minimum of six feet in height shall be installed along any property line that abuts a residential district.

m.  Lighting

Outdoor low-intensity lighting shall be provided that illuminates the entire parking and vehicular use area. The lighting shall be installed on structures that do not exceed 16 feet in height from finished grade.

n.   Non-Conformity

1)   Establishment of Non-Conformity

An Adult Entertainment use shall be deemed a non-conforming use, provided the establishment:

a)   Was in operation as an Adult Entertainment use, generally known and held out in the neighborhood and community as an Adult Entertainment establishment, and was open to the public as an Adult Entertainment establishment use on November 28, 1988; and

b)   Possessed a valid and current Business Tax Receipt authorizing the general type of use, which would correspond to the Adult Entertainment use being claimed as non-conforming on November 28, 1988; and

c)   Submitted an application for an Adult Entertainment license pursuant to the “Adult Entertainment Code,” Chapter 17, Article V of the PBC Code, as may be amended, with appropriate filing fees by August 15, 1992.

d)   Any Special Permit submitted between August 16, 1992 and March 2, 2017.

2)   Standards for Non-Conformance

A non-conforming Adult Entertainment use as determined in Art. 4.B.2.C.1.n, Non-Conformity, above shall be subject to the following Supplementary Use Standards, in addition to Art. 1.F, Non-Conformities.

a)   Landscape Buffer

The Adult Entertainment shall construct and install a Type 2 Incompatibility Buffer, as defined in Art. 7.C.2.C, Incompatibility Buffer, with Canopy trees spaced a maximum of 20 feet on center along any property line that abuts a residential district, within 90 days of the date of issuance of the Adult Entertainment license by the occupational licensing department.

b)   Building Permit

If a Building Permit for exterior structural renovation or remodeling or a paving or parking permit is issued for the Adult Entertainment use, the requirements of Art. 7, Landscaping, shall apply to the entire site of the Adult Entertainment use.

3)   Modification or Improvement to Site Elements

When an Adult Entertainment establishment has been determined to be a non-conforming use, or is located within a non-conforming structure, modifications or improvements to conforming or non-conforming site elements or exterior architecture shall be permitted. The total cost associated with these improvements will not be used in determining the allowable improvements to the interior of the structure, pursuant to Art. 1.F, Non-Conformities.

o.   Accessory Food Service in Industrial Districts

In the IL and IG Zoning Districts, food service may be allowed as an accessory use to Adult Entertainment, only in conjunction with and during the hours of operation for an adult theater or an adult dancing establishment.

p.   Collocated Cocktail Lounge

A Cocktail Lounge may be Permitted by Right as a collocated use only when operated in conjunction with and during the hours of operation for an Adult Entertainment establishment.

2.   Auction
a.   Definition

An establishment engaged in the display and sale of merchandise to the highest bidder in an enclosed building or outdoor site.

b.   Use Types

1)   Indoor

All activities, display, and sale of merchandise shall occur within an enclosed building, unless stated otherwise. An Indoor Auction may include an outdoor display area subject to the following:

a)   The merchandise shall be relocated to the interior of the enclosed building prior to the end of each business day;

b)   Shall not exceed ten percent of the GFA of the enclosed building;

c)   Shall comply with the minimum setback requirements of the applicable zoning district; and,

d)   Shall not be located in any required parking spaces, loading or vehicular use areas, fire lanes, or landscape buffers. The outdoor display area shall not encroach upon pedestrian pathways, sidewalks, or ADA accessible routes.

2)   Outdoor

An Auction with all or a portion of the activity, display, and sale of merchandise occurring outdoors on site.

c.   Zoning District – AGR District

An Auction shall be limited to only farm equipment and supplies.

3.   Bed and Breakfast
a.   Definition

An owner-occupied Single Family dwelling that offers transient lodging and meal services only to paying guests.

b.   Signage

One sign, a maximum of eight square feet in sign face area, and three feet in height, indicating the business name and contact information only may be allowed.

c.   Dwelling Modifications

Only exterior alterations necessary to assure safety of the structure or enhance the compatibility with the surrounding neighborhood shall be made for the purpose of providing a Bed and Breakfast. A Single Family dwelling may require structural or other modifications to ensure compliance with the applicable Building Code and Fire Rescue regulations.

d.   Events

Activities such as weddings, receptions, or social events shall be prohibited, unless approved as Special Event.

4.   Car Wash
a.   Definition

A permanent establishment engaged in washing or detailing motor vehicles which may use production line methods with a conveyor, blower, or other mechanical devices, and which may employ some hand labor. Detailing includes hand washing and waxing, striping, and interior cleaning.

b.   Typical Uses

A Car Wash may include but is not limited to an automatic, full-service, hand wash, or self-service car wash.

c.   Collocated – CG, PDD with CH FLU Designation

A Car Wash may be Permitted by Right when collocated with a Retail Gas and Fuel Sales establishment.

d.   Accessory Use – CL FLU Designation

An automatic Car Wash may be allowed as an accessory use to a Retail Gas and Fuel Sales subject to DRO approval when it is located on the same lot. Auto detailing or other extended services shall be prohibited.

e.   Zoning District – TMD

A maximum of one Car Wash may be allowed. The Car Wash shall be located outside the Main Street, and may be accessed from a secondary street, alley, or from a parking lot. The Car Wash shall not be visible from the Main Street. [Ord. 2017-025]

5.   Catering Service
a.   Definition

An establishment primarily engaged in providing event-based food services where food and beverages are prepared and delivered for consumption off the premises.

b.   Zoning District – CN District

The use shall be limited to 3,000 square feet of GFA.

c.   Accessory Use

Catering Service may be Permitted by Right as an accessory use to a Restaurant limited to food preparation. The accessory use shall be limited to three delivery vehicles.

d.   Accessory Services

A Catering Service may also provide personnel, serving equipment, and decorations.

e.   Delivery Vehicles

Delivery vehicles shall be located at the rear of the property and screened from view when located within 100 feet of a parcel of land with residential FLU designation or use, unless blocked from view by other existing structures.

6.   Cocktail Lounge
a.   Definition

A use engaged in the preparation and retail sale of alcoholic beverages for consumption on the premises.

b.   Approval Process – CG, and TDD or PDD with CH FLU

A Cocktail Lounge located in the CG Zoning District, or in a TDD or PDD with a CH FLU designation, may be subject to the following: [Ord. 2017-029]

1)   Permitted by Right when located outside the separation requirements; or [Ord. 2017-029]

2)   the BCC may allow the use within the distances established in the separation requirements, subject to Class A Conditional Use approval. [Ord. 2017-029]

c.   Typical Uses

Examples of a Cocktail Lounge include but are not limited to bars, taverns, pubs, nightclubs, and similar uses. [Ord. 2023-011]

d.   Zoning District – CN District

A Cocktail Lounge shall not exceed 3,000 square feet of GFA.

e.   Accessory Use

An accessory Cocktail Lounge to an office, Hotel, or Motel shall not exceed ten percent of the GFA.

f.    Separation Requirements

A Cocktail Lounge, which includes outdoor areas, shall not be located within 250 feet of a parcel of land with a residential FLU designation or use and shall be separated a minimum of 750 feet from another Cocktail Lounge. The Zoning Director may ask for a signed/sealed survey certifying that another lounge does not exist within 750 feet off the subject lounge, a residential district is more than 250 feet from the subject lounge, or the subject lounge is more than 500 feet from a school as required by the State of Florida, F.S. § 562.45, as amended. Measurement shall be taken from the structure to the property line of a residential use or FLU designation. [Ord. 2017-029]

g.   Restaurant

A Cocktail Lounge is distinct from a restaurant that sells alcohol when the establishment cannot qualify for a “Consumption on Premises, Special Restaurant Exemption” pursuant to the State Beverage Law.

h.   Brewery-Distillery

A Cocktail Lounge with MUPD zoning and a CL or CH FLU designation may include a Manufacturing and Processing Brewery-Distillery use on up to 50 percent of the gross floor area, including outdoor seating, for that establishment. [Ord. 2023-011]

7.   Convenience Store
a.   Definition

An establishment serving a limited market area and engaged in the retail sale of food, beverages, and other frequently or recurrently needed items for household use or consumption.

b.   Floor Area

A maximum of 7,000 square feet of GFA.

c.   Overlay – WCRAO

Convenience Store is prohibited in the NR, NRM, NG, and NC Sub-areas per Table 3.B.14.E, WCRAO Sub-area Use Regulations.

d.   Zoning Districts – CN and CC

Shall comply with Art. 5.E.1, Major Intersection Criteria.

e.   Collocated Use

A Convenience Store that is collocated with a Retail Gas and Fuel Sales shall be reviewed and approved concurrently.

8.   Dispatching Service
a.   Definition

An establishment for receiving and transmitting messages associated with the tracking of vehicles and equipment, or coordinating mobile or transportation operations, which may include storage of dispatched vehicles or equipment.

b.   Typical Uses

A Dispatching Service may include but is not limited to janitorial, pest control, or emergency services; and taxi, limousine, or courier operations.

c.   Approval Process

1)   CH FLU Designation and Commercial Pod of PIPD

A Dispatching Service may be allowed subject to DRO approval in the following situations:

a)   Limited to three service or delivery vehicles; or

b)   All dispatched vehicles are stored indoors; or

c)   Outdoor storage of vehicles is separated a minimum of 250 feet from a parcel of land with a residential FLU designation or use.

2)   A Dispatching Service without vehicles on site and limited to office only may be Permitted by Right in the zoning districts where the use is allowed.

9.   Dog Day Care
a.   Definition

An establishment which provides daytime care and training for domestic dogs. Overnight care of domestic dogs is prohibited.

b.   ACC Permit

The owner or operator shall obtain Zoning approval prior to application for an ACC Operational Permit. All Dog Day Care uses shall be licensed and regulated in accordance with ACC Ordinance No. 98-22, as amended.

c.   Waste Disposal

A Dog Day Care shall meet the ECR I and ECR II standards and shall be subject to all applicable rules and regulations of the FDEP, PBCHD, and SWA.

d.   Runs and Drop-Off

Facilities shall be subject to the following standards:

1)   Outdoor runs, outdoor play areas, and yards shall be prohibited;

2)   Adequate drop-off areas shall be provided; and,

3)   Three drop-off spaces measuring 12 feet in width by 20 feet in length shall be provided for every 50 dogs.

e.   Outdoor Areas

Outdoor activities shall be prohibited except as follows:

1)   Shall be personally supervised and under the restraint or control of a person by means of a leash;

2)   Shall only be allowed within areas designated for such activities on the Final Site Plan, unless Dog Day Care is sole use of property; and,

3)   Waste shall be picked up immediately and disposed of properly within the establishment. [Ord. 2023-012]

10. Financial Institution
a.   Definition

An establishment engaged in deposit banking.

b.   Typical Uses

A Financial Institution may include but is not limited to commercial banks, savings institutions, and credit unions.

c.   Approval Process – CC District, PDD with CL or CL-O FLU, and Commercial Pod of PUD

A Financial Institution 5,000 square feet or less in the CC Zoning District, PDD with CL or CL-O FLU designation, or Commercial Pod of a PUD, may be Permitted by Right. [Ord. 2019-005]

d.   Zoning Districts – CN and CLO Districts, and Neighborhood Center of TND

A Financial Institution in the CN and CLO Zoning Districts, and Neighborhood Center of a TND, shall be limited to a maximum of 5,000 square feet.

11. Financial Institution with Drive-Through Facilities
a.   Definition

A Financial Institution that includes drive-through teller facilities. [Ord. 2019-005]

b.   Approval Process

1)   CC District, Commercial Pod of PUD, PDD with CL and CL-O FLU, and TMD

A Financial Institution 5,000 square feet or less, and with three drive-through lanes or less, may be allowed subject to DRO approval, in the following zoning districts: [Ord. 2017-025] [Ord. 2019-005]

a)   CC;

b)   PDD with CL or CL-O FLU designation; and, [Ord. 2017-025] [Ord. 2019-005]

c)   TMD in the Rural Tier, Exurban Tier, and the Development Area of the AGR Tier. [Ord. 2019-005]

2)   CG Zoning District, PDD with CH and CH-O FLU, Commercial Pod of PIPD, and TDD

A Financial Institution 5,000 square feet or less in size with three or less drive-through lanes, may be Permitted by Right, in the following zoning districts: [Ord. 2019-005]

a)   CG district; [Ord. 2019-005]

b)   PDD with CH or CH-O FLU designation; [Ord. 2019-005]

c)   Commercial Pod of a PIPD; and, [Ord. 2019-005]

d)   the Development Area of an AGR-TMD. [Ord. 2019-005]

3)   Single Drive-Through ATM Exception

A maximum of one drive-through ATM lane shall not be considered a drive-through lane for purposes of determining the threshold above. [Ord. 2019-005]

c.   Zoning District – TDD

Drive-up teller units shall be located in the rear of a building with access from an alley, interior parking area, or a street not designated as a Main Street.

12. Financial Institution – Freestanding ATM
a.   Definition

An entirely automated unstaffed Financial Institution, either located in a stand-alone kiosk or the façade of a building where the owner or tenants have no managerial authority over the operation of the ATM.

b.   Zoning District – TDD

A Freestanding ATM with a drive-through ATM lane shall be located in the rear of a building with access from an alley, interior parking area, or a street not designated as a Main Street. [Ord. 2017-025]

c.   Thresholds

All Freestanding ATMs shall be subject to the following requirements:

1)   The owner or operator shall maintain at least one manned full-service Financial Institution within Palm Beach County;

2)   The structure shall not exceed 100 square feet, excluding canopies provided for decorative aesthetics or protection from weather;

3)   Customer access to the interior of the structure shall be prohibited, except for transparent glass security enclosures;

4)   Shall not be located within 1,000 feet of another Freestanding ATM. When within a TMD, the 1,000-foot separation distance may be reduced to accommodate a maximum of two Freestanding ATMs, provided they are constructed in common public plazas; and,

5)   Shall be limited to a maximum of one drive-through ATM lane.

13. Flea Market, Indoor
a.   Definition

Retail sales within a building permanently enclosed by walls and roof, in which floor space is rented to individual merchants to display and sell goods.

14. Flea Market, Outdoor
a.   Definition

An outdoor retail sales area in which parcels of land are rented to individual merchants to display and sell goods.

15. Gas and Fuel Sales, Retail
a.   Definition

An establishment engaged in the sale of gasoline or motor fuels to the general public.

b.   Non-Conformities

1)   Automotive Service Station or Convenience Store with Gas Sales

A prior approval for an Automotive Service Station or Convenience Store with Gas Sales, shall correspond to Retail Gas and Fuel Sales, and any other collocated uses such as Convenience Store, or Light or Heavy Repair and Maintenance.

2)   Approvals Prior to Establishment of Location Criteria

An Automotive Service Station or Convenience Store with Gas Sales that was a conforming use on the effective date of Ordinance No. 2001-029 (August 3, 2001), shall be exempt from the location criteria of Art. 4.B.2.C.15.e.1), Intersection Criteria, and Art. 4.B.2.C.15.e.2), Separation Criteria, listed below.

c.   Approval Process – IRO District with CH FLU Designation

Retail Gas and Fuel Sales located on a parcel with a CH FLU designation within the Core Transect Zone may be allowed subject to DRO approval.

d.   Zoning District – TMD

Retail Gas and Fuel Sales shall only be allowed on sites that are within 500 feet of the perimeter of the development. Gasoline pumps shall be located at the side or rear of a building with access from an alley, interior parking area, or a street not designated as a Main Street. [Ord. 2017-025]

e.   Location Criteria

1)   Intersection Criteria

A maximum of two Retail Gas and Fuel Sales establishments may be allowed at an intersection pursuant to Art. 5.E.2.B, Intersection Criteria.

2)   Separation Criteria

A Retail Gas and Fuel Sales establishment shall be separated from any other Retail Gas and Fuel Sales establishment pursuant to Art. 5.E.2.C.1, Separation Criteria.

3)   Major Intersection Criteria for CL FLU in U/S Tier

Retail Gas and Fuel Sales with a CL FLU designation shall comply with Art. 5.E.1, Major Intersection Criteria.

4)   CL FLU in Rural, Exurban, Glades, and Agricultural Reserve Tiers

Retail Gas and Fuel Sales shall be located within 1,000 feet of the intersection of one Collector and Arterial Street, or two Arterial Streets, as listed in the Florida Department of Transportation (FDOT) PBC Federal Functional Classification Table.

5)   WCRA Overlay

Retail Gas and Fuel Sales is prohibited in the NR, NRM, NG, and NC Sub-areas, per Table 3.B.14.E, WCRAO Sub-area Use Regulations.

6)   Exceptions

a)   I-95 Interchanges

A parcel with a Commercial High (CH) Future Land Use designation within one-half mile of an I-95 interchange shall be exempt from the location criteria of Art. 4.B.2.C.15.e.1), Intersection Criteria, and Art. 4.B.2.C.15.e.2), Separation Criteria, listed above.

b)   MUPD

Retail Gas and Fuel Sales located within an MUPD may be exempt from the location criteria for Art. 4.B.2.C.15.e.1), Intersection Criteria, and Art. 4.B.2.C.15.e.2), Separation Criteria, where in compliance with the following:

(1)  Required perimeter landscape buffers, where located between all Retail Gas and Fuel Sales use areas, including ingress/egress, and any R-O-W or parcel of land with a residential FLU designation or use, unless obstructed from view by other existing structures; and

(2)  Direct access from any perimeter R-O-W abutting the MUPD shall be prohibited. All access shall be from entrances established for the overall MUPD, and comply with minimum standards for ingress/egress, stacking, turn lanes, and pedestrian connectivity.

f.    Accessory Use

Retail Gas and Fuel Sales may be allowed as an accessory use to Wholesale Gas and Fuel in industrial districts with an IND or EDC FLU designation, subject to Class A Conditional Use approval, and the following: [Ord. 2023-011]

1)   Gas and fuel sold retail shall be limited to motor fuels sold wholesale;

2)   Maximum of four fueling positions;

3)   Maximum of one wall or freestanding sign, where permitted, not to exceed six feet in height, or 25 square feet of sign face area.

4)   Wholesale Gas and Fuel Sales may include regional corporate headquarters or maintenance facility for a State-regulated public utility that sells natural gas or other similar fuels.

16. Green Market
a.   Definition

Gathering of vendors for the purpose of selling fresh unprocessed fruit, vegetables, flowers, and consumable items such as coffee, bread, and prepared food on a retail basis.

b.   Lot Size

A minimum of one acre with the exception of lots located in the WCRAO where a minimum of one-half of an acre is required.

c.   Accessory Uses – Green Market

A Green Market may be allowed as an accessory use to a Community Vegetable Garden in the WCRAO and CCRT areas subject to DRO approval and the following: [Ord. 2019-005] [Ord. 2021-006]

1)   The use shall be operated by a CCRT neighborhood organization or the WCRA.

2)   Items for sale shall be limited to those grown or prepared by neighborhood residents.

3)   The accessory use and structure shall be limited to 30 percent of the total growing area for the Community Vegetable Garden. [Ord. 2019-005]

4)   Shall be limited to the hours of 7:00 a.m. and 7:00 p.m. [Ord. 2019-005]

5)   Where a Green Market is allowed as an accessory use to a Community Vegetable Garden, a six-foot-high landscape barrier, which includes but not limited to: a hedge, a vinyl-coated chain link fence with hedge, or an opaque fence shall be provided along any property line that abuts a parcel with a residential FLU designation or residential use. An accessory Green Market to an existing Community Garden, approved prior to the effective date of this amendment, that has complied with the buffer requirements of Art. 7, Landscaping, is not required to provide a six-foot-high landscape barrier. [Ord. 2019-005]

d.   Duration

The use shall operate no more than three days a week.

e.   Vendor Stands

The stand shall remain transportable and shall be removed from the site at the close of the market each week. Motor vehicles such as vans or small trucks may be allowed subject to the preceding removal requirements.

17. Hotel or Motel
a.   Definition

An establishment typically licensed by the State of Florida, used, maintained, or advertised as a place where furnished sleeping accommodations are supplied to the guest for a short period of time.

b.   Approval Process

1)   TMD District – U/S Tier

The use may be Permitted by Right when located in the CH FLU designation. [Ord. 2020-020]

c.   Zoning District – PO District

1)   An existing Hotel located in the PO district shall be considered a conforming use.

2)   Collocated Hotel

a)   Approval Process – PARK FLU

A Hotel may be allowed as a collocated use to a PBC Regional Park with a PARK FLU, subject to Class A Conditional Use approval.

b)   Park Resource Base

The Regional Park shall include a resource base which promotes heritage tourism, eco-tourism, or is otherwise planned to attract patrons from a Countywide or greater population for historical, cultural, scientific, educational, or other similar purposes. Such resource base shall be operational prior to approval of a Hotel, or approved and permitted concurrently with a Hotel.

c)   Conceptual Master Plan

A Hotel shall be a component of a Conceptual Master Plan or equivalent that is approved by the Board of County Commissioners.

d)   Frontage and Access

The Regional Park in which a Hotel is located shall have frontage on an Arterial or Collector Street(s). Vehicular access to a Hotel shall be prohibited from any Residential Street abutting the park, unless approved by the BCC as part of the Conditional Use approval for the Hotel.

e)   Site Plan – Affected Area

When a Site Plan is not required for the overall park site, the required Site Plan for the Hotel shall regulate only the development area for the Hotel and access related thereto.

d.   Accessory Services

Hotels and Motels may provide services and facilities, such as food and beverage, recreational, meeting, or conference rooms, ballrooms, and laundry.

e.   Commercial Pod of a PUD

1)   Approval Process

A Hotel or Motel may be allowed in a Commercial Pod of a PUD subject to a Class A Conditional Use approval and the following requirements: [Ord. 2021-039]

a)   Compliance with Art. 3.E.2.E.2, Commercial Pod; and [Ord. 2021-039]

b)   The Hotel or Motel shall be subject to the following location criteria: [Ord. 2021-039]

(1)  Shall be located abutting a Recreation Pod with a Golf Course; and [Ord. 2021-039]

(2)  Shall be located within a 1,000-foot radius of a Golf Course clubhouse facility, and pedestrian access shall be provided to connect these uses. [Ord. 2021-039]

18. Kennel, Type 2 (Commercial)
a.   Definition

A commercial establishment, including any building or land, used for the raising, boarding, breeding, sale, or grooming of domesticated animals (e.g., dogs and cats), not necessarily owned by the occupants of the premises, for profit.

b.   ACC Permit

The owner or operator shall obtain Zoning approval prior to application for an ACC Operational Permit. A Type 2 Commercial Kennel shall be licensed and regulated in accordance with ACC Ordinance No. 98-22, as amended.

c.   Lot Size

A minimum of two acres.

d.   Outdoor Runs

1)   Setbacks

Outdoor runs or animal exercise area shall not be located within 50 feet of any property line adjacent to a parcel of land with a residential FLU designation or use, or where mixed use is required, or 25 feet of any property line adjacent to a non-residential district. [Ord. 2021-006]

2)   Fencing and Screening

A minimum six-foot-high safety fence shall be required around outdoor runs. If the safety fence is not opaque or screened from view of adjacent properties or R-O-W, a continuous solid opaque hedge a minimum of four feet at installation shall be provided around the outdoor run/area.

3)   Waste Disposal

A Type 2 Commercial Kennel shall meet the PBCHD ECR I and ECR II standards and shall be subject to all applicable rules and regulations of the FDEP, PBCHD, and SWA.

e.   Accessory Residential Use – AGR District

A Single Family dwelling unit may be Permitted by Right as an accessory use to a Type 2 Commercial Kennel in the AGR Zoning District.

19. Kennel, Type 3 (Commercial)
a.   Definition

A commercial establishment operated entirely within an enclosed building used for the boarding, sale, or grooming of domesticated animals (e.g., dogs and cats), not owned by the occupants of the premises, for profit.

b.   ACC Permit

The owner or operator shall obtain Zoning approval prior to application for an ACC Operational Permit. A Type 3 Commercial Kennel shall be licensed and regulated in accordance with ACC Ordinance No. 98-22, as amended.

c.   Maximum Square Footage

Shall not exceed 3,000 square feet in the CC and TMD districts, or 7,500 square feet in any other zoning district the use is allowed.

d.   Standards

All use areas shall be within an enclosed building constructed, maintained, and operated so that no noise or odor nuisances related to the Kennel operations can be detected outside the building. With exception to designated drop-off areas, no outdoor runs, playgrounds, walking areas, yards, or similar uses shall be permitted.

e.   Waste Disposal

A Type 3 Commercial Kennel shall meet the PBCHD ECR I and ECR II standards and shall be subject to all applicable rules and regulations of the FDEP, PBCHD, and SWA.

20. Landscape Service
a.   Definition

An establishment engaged in the maintenance or installation of landscaping. [Ord. 2019-039]

b.   Typical On-Site Activities

Includes administrative office; customer and employee parking; and, storage or parking of landscape vehicles, chemicals, fertilizers, landscape materials, and equipment. [Ord. 2019-039]

c.   Typical Off-Site Activities

May include, but are not limited to: lawn mowing; trimming of vegetation including trees, shrubs, or hedges; irrigation; fertilizer application; leaf blowing; landscaping design; maintenance; or, installation. [Ord. 2019-039]

d.   Common Operations Area

A common area that is shared between the Nursery and the Landscape Service, which may include, but is not limited to: drive aisles; customer parking; and, structures that are commonly shared between the Nursery and the Landscape Service. It shall not include areas, structures, or facilities which serve solely the Landscape Service (On-Site Activities). [Ord. 2019-039]

e.   Nursery Growing Area

Consists of an area(s) used solely for the propagation, cultivation, growing, storage, and staging of plants. [Ord. 2019-039]

f.    Easements

The Applicant may allocate drainage or street/canal right-of-way easements to the Common Operations, Nursery, or Landscape Service Areas based on their proximity to each respective area and the purpose and scope of the easement, subject to the approval by the DRO. [Ord. 2019-039]

g.   AR District in RSA

Shall be permitted subject to applicable requirements of a Home Occupation pursuant to Art. 4.B.1.E.10, Home Occupation; Art. 4.B.2.C.20.h, Collocated Use; or, as a Principal Use subject to the additional requirements as follows: [Ord. 2019-039]

1)   Shall be located on a Collector or Arterial Street; and [Ord. 2019-039]

2)   Shall be on a minimum of three acres. [Ord. 2019-039]

h.   AGR-PUD Zoning District Preserve Area

1)   Applicability

Landscape Service under this Section shall be permitted only for existing Landscape Service uses, on the following 29 sites, subject to the restrictions contained herein: [Ord. 2020-016] [Ord. 2021-004]

a)   24 sites within the AGR-PUD Zoning District Preserve Area, as depicted in the list of AGR-PUD Preserve sites attached as Exhibit B in Ordinance No. 2021-004. [Ord. 2020-016] [Ord. 2021-004]

b)   Five additional sites within the AGR Zoning District, as depicted in the list of AGR-PUD Preserve sites attached as Exhibit B in Ordinance No. 2021-004. [Ord. 2020-016] [Ord. 2021-004]

(1)  These five sites shall provide sufficient evidence demonstrating that the Property Owner has entered into a private transactional agreement, such as an assignment agreement or other similar agreement, recorded in the Official Records of PBC prior to January 1, 2019, with the intent of converting the site to the AGR-PUD Zoning District Preserve Area. [Ord. 2020-016] [Ord. 2021-004]

2)   Landscape Service must be compact and contiguous in design and not located in more than two separate locations on a site; and, [Ord. 2020-016]

3)   Landscape Service shall be allowed only in conjunction with a Wholesale Nursery and both uses shall be operated under the same ownership. [Ord. 2020-016]

4)   Approval Process – Full DRO

a)   The DRO shall determine what Agencies will review the proposed application. [Ord. 2020-016]

b)   The 24 sites located within the AGR-PUD Zoning District Preserve Area shall submit an application to allow a Landscape Service and be determined to be sufficient by the DRO within 180-calendar days of the effective date of Ordinance No. 2020-016. [Ord. 2020-016] [Ord. 2021-004]

c)   Prior to January 1, 2021, the five sites within the AGR Zoning District shall submit an application and be determined to be sufficient by the DRO, for a rezoning to the AGR-PUD Zoning District Preserve Area. These five sites shall then submit an application to allow the Landscape Service and be determined to be sufficient by the DRO within 60 days of the effective date of the rezoning to the AGR-PUD Zoning District Preserve Area. [Ord. 2020-016] [Ord. 2021-004]

d)   A minimum of 70 percent of the lot area shall be a Wholesale Nursery, and may also include limited areas for Open Space. [Ord. 2020-016]

e)   A maximum of 30 percent of the lot area or one and one-half acres, whichever is less, shall include Typical On-Site Activities, Common Operation Areas, and any buildings not associated with the propagation, cultivation, growing, storage, and staging of plants. [Ord. 2020-016]

f)    Driveways shall be allocated to either the Wholesale Nursery or Typical On-Site Activities and Common Operation Areas based on their proximity to each respective area, subject to approval by the DRO. [Ord. 2020-016]

5)   Location – Access

Minimum access shall be any Legal Access, as defined by Art. 1.H.2, Definitions, that exists at the time of application for use approval. If the existing access is not legal, then minimum access shall be in accordance with Art. 11.E.2.A.2. Minimum Legal Access Requirement, unless a Variance is approved pursuant to Art. 2.B.7.E, Type 2 Variance. [Ord. 2020-016]

i.    Collocated Use

Shall be allowed only in conjunction with a Retail or Wholesale Nursery, and both uses shall be operated under the same ownership, subject to the following: [Ord. 2019-039]

1)   AGR, AP, CN, CRE, and PO Zoning Districts

a)   Approval Process – Full DRO

(1)  A minimum of 50 percent of the lot area shall be Retail or Wholesale Nursery; [Ord. 2019-039]

(2)  A maximum of 30 percent of the lot area or one and one-half acres, whichever is less, shall be Landscape Service (On-Site Activities); and, [Ord. 2019-039]

(3)  The areas designated for Common Operations Area shall be a maximum of 20 percent of the lot area. [Ord. 2019-039]

b)   Approval Process – Class A Conditional Use, except the AGR Zoning District

(1)  A minimum of 50 percent of the lot area shall be Retail or Wholesale Nursery; [Ord. 2019-039]

(2)  A maximum of 45 percent of the lot area or two acres, whichever is less, shall be Landscape Service (On-Site Activities); and, [Ord. 2019-039]

(3)  The areas designated for Common Operations Area shall be a maximum of 20 percent of the lot area. [Ord. 2019-039]

2)   CC or CG Zoning Districts

a)   Approval Process – Full DRO

(1)  A minimum of 50 percent of the lot area shall be Retail and/or Wholesale Nursery; [Ord. 2019-039]

(2)  A maximum of 30 percent of the lot area or one and one-half acres, whichever is less, shall be Landscape Service (On-Site Activities); and, [Ord. 2019-039]

(3)  The area designated for Common Operations Area shall be a maximum of 20 percent of the lot area. [Ord. 2019-039]

3)   IL, IG, and IND/L, COM, or IND/G Pods of a PIPD Zoning District

A Landscape Service use may be Permitted by Right when collocated with Wholesale or Retail Nursery. [Ord. 2019-039]

4)   AR/RSA Zoning District

a)   Shall be on a minimum of three acres. [Ord. 2019-039] [Ord. 2020-007]

b)   The area(s) designated for Landscape Service (On-Site Activities) shall be a maximum of 30 percent of the Growing Area or one acre, whichever is less. [Ord. 2019-039]

c)   Approval Process

A Landscape Service shall be subject to a Class A Conditional Use approval process, unless stated otherwise below: [Ord. 2019-039]

(1)  Exception

A Landscape Service may be subject to the Full DRO process if the Applicant submits an application and is determined to be sufficient by the DRO within 195-calendar days of the effective date of Ordinance No. 2019-039 (June 17, 2020), and provides sufficient evidence that the Landscape Service existed on the subject property prior to June 2, 2020. [Ord. 2019-039] [Ord. 2020-007]

5)   AR/USA, RE, RT, RM, RS, UC, UI, CH-MUPD, NC-TND, and TMD within the U/S, Rural, or Exurban Tiers

a)   Shall be on a minimum of three acres; and [Ord. 2019-039] [Ord. 2021-023]

b)   Approval Process – Class A Conditional Use

(1)  The area(s) designated for Landscape Service (On-Site Activities) shall be a maximum of 30 percent of the Growing Area or one acre, whichever is less. [Ord. 2019-039]

6)   Location – Access

a)   AR/RSA and AR/USA Zoning Districts

Minimum access shall be in accordance with Art. 11.E.2.A.2, Minimum Legal Access Requirement, unless a Type 2 Waiver is granted pursuant to Art. 2.B.7.D, Type 2 Waiver. [Ord. 2020-007]

b)   AGR Zoning Districts

Minimum access shall be any Legal Access, as defined by Art. 1.H.2, Definitions, that exists at the time of application for Landscape Service use approval. If the existing access is not legal, then minimum access shall be in accordance with Art. 11.E.2.A.2, Minimum Legal Access Requirement, unless a Type 2 Variance is granted pursuant to Art. 2.B.7.E, Type 2 Variance. [Ord. 2020-007]

c)   Other Zoning Districts

Minimum access in the RE, RT, RM, RS, UC, UI, CH-MUPD, NC-TND, and TMD within the U/S, Rural, or Exurban Tier Zoning Districts shall be in accordance with Art 11.E.2.A.2, Minimum Legal Access Requirement, unless a Subdivision Variance is granted pursuant to Art. 2.B.7.E, Type 2 Variance. [Ord. 2020-007] [Ord. 2021-023]

j.    Hours of Operation

Landscape Service shall be prohibited to operate on Sundays within the Agricultural Residential (AR) Zoning District. [Ord. 2019-039]

k.   Landscape Buffer

A Compatibility Buffer shall not be required if the use is adjacent to a property with an existing agriculture use pursuant to Art. 4.B.6, Agricultural Uses. [Ord. 2018-018] [Ord. 2019-039]

1)   AGR and AP Zoning Districts

R-O-W and Incompatibility Buffers shall be required in accordance with the requirements for the Wholesale or Retail Nursery. [Ord. 2019-039]

l.    Yard Waste Storage

Landscape Service with storage of yard waste shall front on a Collector or Arterial Street, and shall comply with the following requirements:

1)   Setbacks

Loading and service areas shall be located a minimum of 50 feet from all property lines and 100 feet from adjacent property with residential use or FLU designation.

2)   Standards

a)   Only one yard waste storage area shall be permitted on site;

b)   Shall not exceed 30 by 40 feet;

c)   Yard waste shall be screened on three sides by a wall with a maximum height of 12 feet. The open end of the wall shall not face any property with residential use or FLU designation;

d)   Yard waste piles shall not exceed the height of the wall;

e)   Surface of the storage area shall be paved with concrete and have positive drainage; and,

f)    Yard waste that is not generated by the Landscape Service shall be prohibited on site.

m.  Home Occupation

A limited Landscape Service, not including yard waste or landscape installation services, may be allowed as a Home Occupation subject to the requirements of Art. 4.B.1.E.10, Home Occupation. [Ord. 2018-018]

1)   Exception – AR/RSA Zoning District

A limited Landscape Service on a lot three acres or more may be allowed as follows: [Ord. 2018-018]

a)   Subject to DRO approval through the ZAR process prior to issuance of a Business Tax Receipt. [Ord. 2018-018]

b)   A maximum of three persons living outside of the home may be employed under the DRO approval. [Ord. 2018-018]

c)   Outdoor Storage shall be limited to equipment such as lawnmowers, hedgers, weed eaters, and a small trailer. Storage shall not include heavy equipment such as bobcats, loaders, dump trucks, or heavy equipment trailers. [Ord. 2018-018]

d)   Storage areas shall be screened from view from any R-O-W or parcel of land with a residential FLU designation or use through the use of opaque fences, walls, or existing or newly planted native vegetation. [Ord. 2018-018]

e)   Parking spaces shall be provided for every employee in addition to the spaces required for a Single Family. All vehicle parking or storage areas shall utilize improved surfaces such as asphalt, pavement, or shell rock. [Ord. 2018-018]

2)   Home Occupation having Landscape Service shall be exempt from the Incompatibility Buffer requirements. [Ord. 2018-018]

21. Laundry Service
a.   Definition

An establishment that provides washing, drying, dry cleaning, or ironing services or machines to be used by customers on the premises, or that is engaged in providing cleaning services.

b.   Typical Uses

A Laundry Service may include but is not limited to coin laundry establishments, laundromats, neighborhood cleaners and dry cleaners, and industrial cleaning facilities serving commercial cleaners or the hospitality industry.

c.   Approval Process

1)   In all commercial zoning districts including Commercial Pod of PIPD and PUD, where the use is allowed, the use may be:

a)   Permitted by Right if less than 3,000 square feet of GFA.

b)   Allowed subject to DRO approval if less than 5,000 square feet of GFA.

2)   Industrial Districts, Except with CMR FLU Designation and Commercial Pod of a PIPD

May be allowed subject to DRO approval if less than 15,000 square feet of GFA. [Ord. 2023-011]

d.   Zoning District – CN

The use shall not exceed 3,000 square feet of GFA.

e.   Zoning Districts – Industrial Except with CMR FLU Designation and Commercial Pod of a PIPD

1)   The use shall be limited to facilities serving the hospitality industry and commercial cleaner centers; and [Ord. 2023-011]

2)   Shall not include customer drop-off or pick-up on site, or utilize customer-operated machinery.

f.    Business Vehicles

Shall not be parked or stored in required parking spaces.

g.   Environmental Approval

Prior to issuance of a Building Permit, a Laundry Service Permitted by Right shall provide documentation demonstrating that the use is approved by ERM.

22. Marina
a.   Definition

A commercial establishment related to boating, located on a navigable waterway.

b.   Typical Uses or Activities

A Marina may include, but is not limited to servicing, fueling, pumping out, chartering, launching, dry storage of boats and boating equipment, dockage, yacht clubs, charter boat operations, and boatels.

c.   Setbacks

Dry storage of boats and other Marina-related uses may be set back zero feet from the water's edge.

d.   Boatel Units

A boat used as a hotel or motel unit. The total number of units shall be prorated on the basis of one unit per 1,000 square feet of dry land.

e.   Boat Facility Siting Plan

Any Marina with five or more slips shall comply with the Boat Facility Siting Plan of the Palm Beach County Manatee Protection Plan.

23. Medical or Dental Office
a.   Definition

An establishment where patients, who are not lodged overnight, are admitted for examination, elective surgical care, immediate but not emergent care, or treatment by persons practicing any form of healing or health-building services whether such persons be medical doctors, chiropractors, osteopaths, podiatrists, naturopaths, optometrists, dentists, or any such profession, the practice of which is lawful in the State of Florida.

b.   Typical Uses

A Medical or Dental Office may include, but is not limited to, an Ambulatory Surgical Center or Urgent Care Center.

c.   INST FLU Designation

A Medical or Dental Office may be allowed subject to DRO approval, within the boundaries of the following five Site Specific FLUA amendments:

1)   SCA 2005-027, Linton/Jog Institutional, Ordinance No. 2006-005;

2)   SCA 2008-015, Jog/Joe Delong Institutional, Ordinance No. 2008-005;

3)   SCA 2009-002, Atlantic/Sims Medical Office, Ordinance No. 2009-008;

4)   LGA 2010-014, Suess Institutional (Southern & Seminole Pratt and Whitney), Ordinance No. 2010-031; and,

5)   LGA 2012-002, AGR Boynton Beach Institutional, Ordinance No. 2012-017.

d.   Zoning Districts – CN, CLO, and CHO

Permitted by Right when not exceeding 3,000 square feet of GFA. [Ord. 2018-018] [Ord. 2023-011]

24. Office, Business or Professional
a.   Definition

An establishment providing executive, management, administrative, or professional services.

b.   Typical Uses

A Business or Professional Office may include but is not limited to property and financial management firms; employment, travel, advertising, or real estate agencies; payday lending offices, check cashing services, and currency exchange agencies; contract post offices; professional or consulting services; and, business offices of private companies, utility companies, public agencies, and trade associations.

c.   Approval Process

The use may be Permitted by Right if limited to the following:

1)   A maximum of 10,000 square feet of GFA per parcel in the CN Zoning District.

2)   A maximum of 15,000 square feet of GFA per parcel in the CLO Zoning District.

3)   A maximum of 20,000 square feet of GFA per parcel in the CC Zoning District.

d.   Employment Agencies

Business or Professional Offices that include employment agencies for temporary day or manual labor service for the construction, maintenance, agricultural, or industrial trades, shall be subject to the additional standards:

1)   Westgate Overlay

Shall be prohibited within the boundaries of the WCRAO, as per Table 3.B.14.E, WCRAO Sub-area Use Regulations.

2)   Outdoor Activities

Outdoor loitering, waiting, or seating shall be prohibited on site. Outdoor seating areas may be allowed provided the site includes one or more architectural focal points such as fountains, architectural shaded structures, or gazebos.

e.   Accessory Office

Business or Professional Office Supplementary Use Standards shall not apply to:

1)   A temporary office in temporary structures associated with the construction of a building or real estate sales; or

2)   Areas of a building dedicated to the administrative operation of a use listed in the Use Matrices.

25. Parking, Commercial
a.   Definition

An establishment used for temporary parking or storage for motor vehicles as a principal use, for a fee.

b.   Proximity to Residential

Commercial Parking shall not be located within 200 feet of a parcel of land with a residential FLU designation or use, except as follows:

1)   The perimeter landscape buffer along the applicable lot line complies with the minimum standards for a Type 3 Incompatibility Buffer; and

2)   Building openings used by vehicles and unglazed architectural openings shall not face a parcel of land with a residential FLU designation or use.

c.   Access

Access from Local Residential or Residential Access Streets shall be prohibited. [Ord. 2021-006]

26. Pawnshop
a.   Definition

An establishment at which a pawnbroker, as defined in F.S. § 539.001(2)(i), does business.

b.   Separation Distance

Shall be located a minimum of 2,000 feet from another Pawnshop.

c.   Setbacks

Shall be set back a minimum of 150 feet from any parcel of land with a residential FLU designation or use.

d.   Hours of Operation

Shall not be open to the public prior to 7:00 a.m. or later than 10:00 p.m. daily.

27. Personal Services
a.   Definition

An establishment engaged in the provision of recurrent services of a personal nature, or, the provision of informational, instructional, personal improvement, or similar professional services.

b.   Typical Uses

Personal Services may include but are not limited to art, music, and driving schools, beauty salon, barbershops, licensed therapeutic massage studios, photography studios, spas, saunas, tattoo parlors, diet and weight reducing centers, pet grooming, and tanning salons.

c.   Approval Process – CN District

The use may be Permitted by Right in the CN Zoning District, when limited to 3,000 square feet of GFA.

d.   Accessory Use

Personal Services may be Permitted by Right as accessory to Business or Professional Office; or Medical or Dental Office in CLO and CHO Zoning Districts and PDDs with CL-O and CH-O FLU designation.

e.   Sale or Dispensing of Controlled Substances

The limited accessory retail sale of products does not include the sale or dispensing of controlled substances, unless in compliance with the requirements for Medical or Dental Office, or General Retail Sales.

28. Repair and Maintenance, Heavy
a.   Definition

An establishment engaged in the repair and maintenance of automobiles, recreational vehicles, boats, motorcycles, or personal watercraft; or the repair and maintenance of heavy equipment or machinery, commercial vehicles or trailers, marine vessels, or similar; or media blasting, paint stripping, and paint or body work.

b.   Typical Uses

Heavy Repair and Maintenance may include but is not limited to:

1)   Machine shops, welding services, engine and transmission shops, and radiator shops;

2)   Paint or body shops, collision damage repairs and frame straightening, fiberglass repair, media blasting or paint stripping, powder coating, and steam cleaning;

3)   Garages for general engine type repair including rebuilding, repairing or removing engines, transmissions, starters, alternators, radiators, air conditioners, compressors, brake systems, hydraulics, fuel systems, cooling systems, exhaust, electrical or electronic systems, propulsion systems, drive train, and steering systems; or,

4)   Any Light Repair and Maintenance Use, which involves any of the above or requires outdoor storage or activities.

c.   Overlays – Westgate Community Redevelopment Area Overlay (WCRAO)

Heavy Repair and Maintenance uses are prohibited in the NR, NRM, NG, and NC Sub-areas, as outlined in Table 3.B.14.E, WCRAO Sub-area Use Regulations.

d.   Setbacks

No repair or maintenance building, structure, or activity shall be allowed within 100 feet of a parcel of land with a residential FLU designation or use.

e.   Nuisances

1)   Enclosed Repair Activities

All repair and maintenance activities shall be conducted within an enclosed structure, except in the IL and IG districts with an IND FLU designation, and PDDs with an IND FLU designation, where in compliance with Art. 5.B.1.A.3, Outdoor Storage and Activities. [Ord. 2023-011]

2)   Vehicle or Equipment Testing on Residential Streets

Testing of vehicles or equipment shall be prohibited on Residential Streets.

f.    Outdoor Parking or Storage

1)   The outdoor storage of disassembled vehicles, equipment, or parts shall be prohibited, except in the IL and IG districts with an IND FLU designation, and PDDs with an IND FLU designation. [Ord. 2023-011]

2)   All vehicles or equipment shall be parked in designated storage areas, except for the following:

a)   Automobiles dropped off by customers may be temporarily parked in designated parking spaces, not to exceed a maximum of one 24-hour period; and

b)   Automobiles placed for customer pick-up may be temporarily parked in designated parking spaces, not to exceed a maximum of one 24-hour period.

29. Repair and Maintenance, Light
a.   Definition

An indoor establishment engaged in the minor repair or maintenance of automobiles, light duty commercial vehicles rated one ton capacity or less, boats, motorcycles, personal watercraft, golf carts, mopeds, lawn mowers, major household appliances, or household furniture.

b.   Typical Uses

Light Repair and Maintenance establishments may include but are not limited to tune-up stations, glass shops, quick-lube stations, muffler shops, upholstery shops, tire installation and service, alignment shops, replacement of brake linings, and lawn mower repair and maintenance.

c.   Overlay – Westgate Community Redevelopment Area Overlay (WCRAO)

Light Repair Maintenance uses are prohibited in the NR, NRM, NG, and NC Sub-areas, as outlined in Table 3.B.14.E, WCRAO Sub-area Use Regulations.

d.   Zoning Districts – CN and CC District and Commercial Pod of PUD

Shall be limited to a maximum of 5,000 square feet of GFA.

e.   Accessory Use

Light Repair and Maintenance may be Permitted by Right as an accessory use to Heavy Repair and Maintenance.

f.    Setbacks

No repair or maintenance building, structure, or activity shall be allowed within 100 feet of any parcel of land with a residential FLU designation or use.

g.   Nuisances

1)   Enclosed Repair Activities

All repair and maintenance activities shall be conducted within an enclosed structure.

2)   Vehicle or Equipment Testing on Residential Streets

Testing of vehicles, equipment, or other similar shall be prohibited on Residential Streets.

h.   Outdoor Parking or Storage

1)   The outdoor storage of disassembled vehicles, equipment, or parts shall be prohibited.

2)   All vehicles or equipment shall be stored in designated storage areas, except for the following:

a)   Automobiles dropped off by customers may be temporarily parked in designated parking spaces, not to exceed a maximum of one 24-hour period; and

b)   Automobiles placed for customer pick-up may be temporarily parked in designated parking spaces, not to exceed a maximum of one 24-hour period.

30. Repair Services, Limited
a.   Definition

An establishment engaged in the minor repair of personal apparel or household appliances, and similar items.

b.   Typical Uses

Limited Repair Services may include but are not limited to apparel repair and alterations, small appliance repair (excluding major appliances such as washers and dryers, refrigerators, stoves, and dishwashers), bicycle repair, clock and watch repair, and shoe repair shops.

c.   Zoning Districts – CN District, Commercial Pod of PUD, and TND Neighborhood Center

Shall be limited to a maximum of 3,000 square feet of GFA.

d.   Enclosed Repair Activities

All repair activities shall be conducted within an enclosed structure.

e.   Storage

Outdoor storage shall be prohibited.

31. Restaurant, Type 1
a.   Definition

An establishment equipped to sell food and beverages in one of the following methods: drive-through sales to patrons in automobiles for take-out who place orders through a window or remote transmission device; or sales to patrons for take-out or dining in, that includes three or more of the following: food or beverage choices are advertised on a menu board; countertop sales where payment is made prior to consumption; disposable containers and utensils; limited-service dining facilities with no hostess or waiters; and, self-service or prepackaged condiments.

b.   Approval Process

1)   DRO Approval

A Type 1 Restaurant without a drive-through where the use is allowed provided the GFA including outdoor dining areas does not exceed 5,000 square feet.

2)   Permitted by Right

A Type 1 Restaurant without a drive-through or located in an outparcel, may be Permitted by Right in any PDD or TDD with a commercial or institutional FLU designation, or pod; the Commercial or Recreation Pod of a PUD, MHPD, or RVPD; and, all commercial zoning districts, provided the GFA including outdoor dining areas does not exceed 1,500 square feet.

c.   Tier Specific – Exurban and Rural

A Type 1 Restaurant shall comply with the following:

1)   Shall not be the sole use on the property;

2)   Shall be located in an MUPD or TDD;

3)   Shall not have direct ingress/egress to an adjacent Arterial or Collector Street. Ingress/egress shall be from the interior of the overall vehicular circulation system for the development or interior streets, whichever is applicable; and,

4)   Shall comply with the design requirements outlined under Art. 4.B.2.C.31.f.3), Location Criteria, Exceptions.

d.   Zoning District – TMD

A Type 1 Restaurant shall be limited to: [Ord. 2017-025]

1)   5,000 square feet of indoor dining area, for a maximum of 6,500 square feet of GFA.

2)   Located in an outparcel or freestanding building; or

3)   A drive-through, unless it is located in the rear of a building, with access from an alley or the interior of a parking area, and is covered by a canopy or the second story of a building.

e.   Accessory Alcohol Sales

A Type 1 Restaurant may include the on-premises sale, service, and consumption of alcoholic beverages as an accessory use.

f.    Location Criteria

A Type 1 Restaurant with a drive-through shall be subject to the following:

1)   Intersection Criteria

A maximum of two Type 1 Restaurants shall be permitted at an intersection in accordance with Art. 5.E.2.B, Intersection Criteria.

2)   Separation Criteria

A Type 1 Restaurant shall be separated from any other Type 1 Restaurant in accordance with Art. 5.E.2.C.2, Separation Criteria.

3)   Exceptions

a)   Design Criteria

A Type 1 Restaurant may be exempt from the location criteria if the site is designed to: address the additional trips associated with a drive-through restaurant; as well as enhance pedestrian circulation, safety and accessibility while limiting vehicular circulation using exemplary site design, and architectural treatment that incorporates the following:

(1)  Drive-through facilities, including queuing and by-pass lanes that run parallel and are visible from adjacent streets, shall provide additional landscaping to mitigate views of the vehicular use areas.

(2)  If located in a non-residential Planned Development District or a Commercial Pod, all the required parking spaces shall be located in close proximity to the restaurant that they serve. Required parking shall not be separated from the restaurant main entrance by a distance of more than 150 feet. The Applicant may request an increase to this distance up to a maximum of ten percent of the dimensional requirement through a Type 1 Waiver.

(3)  If located in Standard Zoning Districts and required by the Zoning Director, cross-access shall be provided to all abutting parcels that have commercial FLU designation. If required, the cross-access easement shall be recorded prior to Final Approval by the DRO. The Zoning Director may elect not to require the cross-access easement based on review of the existing or approved use for the abutting property.

(4)  Consideration shall be given to site design that promotes a safe pedestrian environment and addresses vehicular circulation and maneuvering. A restaurant located on a single parcel with a Standard Zoning District is allowed continuous vehicular circulation:

(a)  on all four sides of the building if the site is limited to only one access point to the subject property; or

(b)  on all three sides of the building if site is limited to two access points to the subject property.

(5)  Landscape Plans and Architectural Elevations shall be required as part of any application for a Conditional Use, or any DOA affecting the items listed herein.

b)   MUPD

A Type 1 Restaurant located within an MUPD may be exempt from the location criteria of Art. 4.B.2.C.31.f.1), Intersection Criteria, and Art. 4.B.2.C.31.f.2), Separation Criteria, where in compliance with the following:

(1)  Required perimeter landscape buffers, where located between all Type 1 Restaurant areas, including ingress/egress, and any R-O-W or parcel of land with a residential FLU designation or use, unless obstructed from view by other existing structures; and

(2)  Direct access from any perimeter R-O-W abutting the MUPD shall be prohibited. All access shall be from entrances established for the overall MUPD, and comply with minimum standards for ingress/egress, stacking, turn lanes, and pedestrian connectivity.

g.   Major Intersection Criteria for CL FLU

A Type 1 Restaurant with a CL FLU designation shall comply with Art. 5.E.1, Major Intersection Criteria, unless the restaurant meets the requirements of one or more of the following: Art. 4.B.2.C.31.b.1), DRO Approval, Art. 4.B.2.C.31.b.2), Permitted by Right, is located within a TMD, or complies with the design requirements outlined under Art. 4.B.2.C.31.f.3), Exceptions.

h.   Outdoor Dining

Shall comply with the principal structure setbacks.

1)   Dog Friendly Dining

Pursuant to F.S. § 509.233, as amended, a Type 1 Restaurant may allow patrons with dogs within designated outdoor dining areas. Before allowing patrons’ dogs on their premises, a participating restaurant shall apply for and receive a Dog Friendly Dining Special Permit from the Zoning Division in accordance with the permit application requirements described in F.S. § 509.233. A restaurant shall be subject to the minimum regulations and limitations described in F.S. § 509.233. [Ord. 2021-027] [Ord. 2022-001]

a)   A participating restaurant shall post all signs required by F.S. § 509.233, in size 12 font or greater, in a location that is legible from the entrance of the designated outdoor Dog Friendly Dining area. [Ord. 2021-027]

b)   A participating restaurant shall ensure that the Dog Friendly Dining Special Permit is available for inspection during hours of operation. [Ord. 2021-027] [Ord. 2022-001]

c)   A Dog Friendly Dining Special Permit is not transferable to a subsequent owner upon the sale of a restaurant, and shall expire automatically upon any such sale. [Ord. 2021-027] [Ord. 2022-001]

32. Restaurant, Type 2
a.   Definition

An establishment with no drive-through, equipped to sell food and beverages, served and consumed primarily on the premises, that includes three or more of the following: host or hostess assists patrons upon entry; food and beverage choices are offered from a printed menu provided by wait staff at a table; orders are taken at the table; food is served on dishes and metal utensils are provided; and, payment is made after meal consumption.

b.   Approval Process – DRO Approval

1)   TND NCs

A Type 2 Restaurant less than 3,000 square feet of GFA per establishment including outdoor dining areas, may be approved by the DRO, provided the total of all Type 2 Restaurants do not exceed 30 percent of the GFA of the development. [Ord. 2023-011]

2)   CHO District; and PDDs with a CH-O FLU

If contained in an office, or Hotel or Motel structure that does not exceed 30 percent of the GFA of the structure, or 5,000 square feet, whichever is less, may be approved by the DRO.

3)   CRE District; PDDs with a CL or CR FLU; PUD Commercial Pods and PIPD Commercial Pod

A Type 2 Restaurant less than 5,000 square feet of GFA per establishment, including outdoor dining areas, may be approved by the DRO.

c.   Brewery-Distillery

A Restaurant may include a Manufacturing and Processing Brewery-Distillery use on up to 50 percent of the gross floor area, including outdoor seating, for that establishment. [Ord. 2023-011]

d.   Accessory Alcohol Sales

A Type 2 Restaurant may include the on-premises accessory sale, service, and consumption of alcoholic beverages. [Ord. 2023-011]

e.   Accessory Take-Out Service

Accessory take-out service shall be allowed provided there are no vehicle take-out windows that include exterior menu boards, queuing lanes, or order services. [Ord. 2023-011]

f.    Outdoor Dining

Shall comply with the principal structure setbacks.

1)   Dog Friendly Dining

Pursuant to F.S. § 509.233, as amended, a Type 2 Restaurant may allow patrons with dogs within designated outdoor dining areas. Before allowing patrons’ dogs on their premises, a participating restaurant shall apply for and receive a Dog Friendly Dining Special Permit from the Zoning Division in accordance with the permit application requirements described in F.S. § 509.233. A restaurant shall be subject to the minimum regulations and limitations described in F.S. § 509.233. [Ord. 2021-027] [Ord. 2022-001]

a)   A participating restaurant shall post all signs required by F.S. § 509.233, in size 12 font or greater, in a location that is legible from the entrance of the designated outdoor Dog Friendly Dining area. [Ord. 2021-027]

b)   A participating restaurant shall ensure that the Dog Friendly Dining Special Permit is available for inspection during hours of operation. [Ord. 2021-027] [Ord. 2022-001]

c)   A Dog Friendly Dining Special Permit is not transferable to a subsequent owner upon the sale of a restaurant, and shall expire automatically upon any such sale. [Ord. 2021-027] [Ord. 2022-001]

33. Retail Sales
a.   Definition

An establishment providing general retail sales or rental of goods, but excluding those uses specifically classified as another Use Type.

b.   Typical Uses

Retail Sales may include but are not limited to clothing stores, bookstores, business machine sales, food and grocery stores, window tinting, marine supply sales (excluding boat sales), auto accessories and parts, building supplies and home improvement products, monument sales, printing and copying, pharmacies, and medical marijuana dispensing facilities. Uses shall also include the sale of bulky goods such as household goods, lawn mowers, and mopeds. [Ord. 2017-028]

c.   Zoning Districts

1)   TND District

In a Neighborhood Center, Retail Sales shall not exceed 5,000 square feet of GFA per establishment.

a)   A maximum of 40,000 square feet of GFA for a food store or 20,000 square feet of GFA for a food store when the TND is developed as part of a TTD.

b)   In a Multifamily building with more than 50 units, a “corner store” may be allowed, provided it does not exceed 1,000 square feet of GFA and is integrated into the building and at a corner location.

2)   TMD District

a)   In a TMD, a single establishment shall not exceed the following:

(1)  100,000 square feet of GFA in the U/S Tier;

(2)  50,000 square feet of GFA in the Exurban and Rural Tiers; and,

(3)  65,000 square feet of GFA in the AGR.

b)   A drive-through facility for a drug store is allowed subject to the following:

(1)  If located in the rear of a building;

(2)  Access shall be from an alley, an interior parking area, or a street not designated as a Main Street; and,

(3)  The drive-through facility shall be covered by a canopy or the second story of a building.

3)   CN District

Shall be limited to a maximum of 3,000 square feet of GFA per establishment.

d.   Outdoor Display Areas – Monument Sales

An outdoor display area for the retail sale of monuments, gravestones, markers, or headstones for placement on graves shall be exempt from the provisions in Art. 5.B.1.A.3, Outdoor Storage and Activities when located in a designated display area on the Final Site Plan.

e.   Fireworks

The retail sale or storage of fireworks as a principal use in any commercial district is prohibited. [Ord. 2018-002]

1)   Exception

Temporary sale of sparklers, subject to a DRO approval through the ZAR process.

f.    Sale or Dispensing of Controlled Substances – Pharmacy

A pharmacy shall be subject to the following:

1)   No more than 15 percent of the total number of prescriptions filled within a 30-day period can be derived from the sale of controlled substances that are identified in Schedule II in accordance with F.S. § 893.03, and as further amended by F.S. § 893.035, F.S. § 893.0355, or F.S. § 893.0356, as determined by audits or information provided through the Florida Department of Health or any other government agency having the legal right to view such records.

g.   Collocated Use

A Retail Sales use may be Permitted by Right in the IL, IG, PO, or IPF Zoning District or MUPD with an INST FLU designation when collocated with an Animal Shelter. [Ord. 2018-018]

h.   Unmanned Retail Structure

An unmanned structure which stores or dispenses items for sale, rent, or customer pick-up.

1)   Definition and Typical Uses

a)   Freestanding

Includes Unmanned Retail Structures that are not attached to a building and located farther than 15 feet from the nearest principal structure.

b)   In-Line

Includes Unmanned Retail Structures that are adjacent to, attached to, or located within 15 feet of a principal structure, and not separated by vehicular access drives.

2)   Accessory Use – Industrial Zoning Districts

May be allowed as an accessory use to Data and Information Processing, Research and Development, Government Services, or Wholesaling.

3)   Size

Shall not exceed 150 square feet, excluding canopies provided for decorative aesthetics or protection from weather.

4)   Number

Shall not exceed one per development.

5)   Design Standards

Shall not encroach any required site design elements, including but not limited to: drive aisles, easements, landscaping, parking spaces, and ADA paths.

a)   Freestanding

(1)  Shall achieve architectural compatibility with the other structures in the development, including texture, paint, and similar building materials.

(2)  Shall be limited to one story, not to exceed 15 feet in height.

b)   In-Line

(1)  Shall not exceed eight feet in height, or nine feet if including a weather protection canopy.

(2)  Shall not obstruct more than 20 percent of the windows.

6)   Signage

a)   Freestanding

Wall signs may be allowed for buildings that meet the requirements for Art. 5.C.1.H.1.a, Guidelines for Non-Residential Design Elements.

b)   In-Line

Shall be limited to a maximum of 20 percent of each side's façade of the structure, or a maximum of four square feet, per side, whichever is less.

i.    Medical Marijuana Dispensing Facility

1)   Definition

A facility, operated by a Medical Marijuana Treatment Center (MMTC) in accordance with the Florida Department of Health as a medical marijuana dispensing facility that dispenses medical marijuana to qualified patients or caregivers. A medical marijuana dispensing facility does not prepare, transfer, cultivate, or process any form of marijuana or marijuana product. [Ord. 2017-028]

2)   Location

Medical marijuana dispensing facility shall not be located within 500 feet of an existing Elementary or Secondary School, unless approved as a Type 2 Waiver. [Ord. 2017-028]

34. Rooming and Boarding House
a.   Definition

A Single Family dwelling with lodging for a maximum of up to five persons, where meals may or may not be regularly prepared and served, and facilities such as kitchen and bathrooms may be shared with other residents.

b.   Zoning District

A Rooming and Boarding House shall only be allowed in the RM Zoning District with an HR FLU designation.

c.   Dwelling Modifications

Only exterior alterations necessary to assure safety of the structure or enhance the compatibility with the surrounding neighborhood. A Single Family dwelling may require structural or other modifications to ensure compliance with the applicable Building Code and Fire Rescue regulations.

35. Self-Service Storage
a.   Definition

A facility consisting of individual, self-contained units that are leased for the storage of business, household, or other personal goods.

1)   Types Permitted

Self-Service Storage facilities may include but are not limited to Limited or Multi Access storage units, with or without Outdoor Storage areas, limited to the storage of personal or household goods, automobiles, recreational vehicles, boats, or personal watercraft, only, subject to the following:

a)   Limited Access

Limited Access is a Self-Service Storage facility with limited access points from the exterior of the building to interior halls that serve individual storage units.

b)   Multi-Access

Multi-Access is a one-story Self-Service Storage facility with multi-access points from the exterior of the building to individual storage units.

b.   Overlay – Westgate Community Redevelopment Area Overlay (WCRAO)

Self-Service Storage is prohibited in the NR, NRM, NG, and NC Sub-areas, as outlined in Table 3.B.14.E, WCRAO Sub-area Use Regulations.

c.   Zoning Districts – Commercial Pod of PUD or Neighborhood Center of TND

Self-Service Storage in Commercial Pods of a PUD or Neighborhood Center of a TND, shall be limited as follows:

1)   Maximum of 50 percent of the overall GFA; and

2)   Multi-Access shall be prohibited; and

3)   Outdoor Storage shall be limited to a maximum of 30 percent of overall Self-Service Storage building square footage.

d.   Accessory Uses – Industrial Districts

Where permitted in industrial districts, a Self-Service Storage use may include accessory retail use, limited to the rental and sale of retail items used for moving and storage, such as hand trucks, cartons, tape, and packing materials.

e.   Architecture

1)   Storage Access or Storage Unit Door Screening

Access points and storage unit doors shall be screened from all public streets, residential uses, or vacant parcels with a residential FLU designation, through the use of buildings, walls, opaque vehicular gates which primarily remain closed, or other similar barriers. [Ord. 2018-002]

2)   Fenestration

The use of fenestration that allows visibility of storage unit doors or is designed in conjunction with interior signage, logos, lighting, or paint schemes intended to expand permitted exterior signage shall be prohibited. [Ord. 2018-002]

f.    Landscaping – Incompatibility Buffer Screening Requirements

Where an Incompatibility Buffer is required, the minimum six-foot screening requirement may be waived, subject to the following:

1)   Façades

The exterior façades of storage structures present an unbroken, wall-like appearance when seen from adjacent lots and streets.

2)   Wall

Separate storage structures are connected by a solid opaque wall to give the appearance of structural continuity. This option may be permitted where Fire Rescue may require access for emergency purposes upon demonstration that any required gates are designed and constructed to provide the same visual barrier as the required wall.

3)   Access Aisles

No aisleways or other vehicle access ways are located in the area between the building and the adjacent property line.

g.   Storage

1)   Hazardous Materials Prohibited

The storage of flammable, hazardous, or explosive materials, goods, or products shall be prohibited.

2)   Outdoor Storage Standards

Outdoor storage shall be subject to the following:

a)   Permitted Vehicles

Shall be limited to the storage of vehicles of the type customarily maintained by households for personal use such as recreational vehicles or pleasure boats, or a Home Occupation Vehicle.

b)   Location

The storage shall occur only within a designated area.

c)   Storage Area

The storage area shall not exceed 50 percent of the lot area.

d)   Screening

The storage area shall be completely screened from view from adjacent properties and public streets by landscaping, fences, walls, or buildings.

e)   Mobility

All vehicles and trailers shall be licensed for use on public streets. Other vehicles, including recreational vehicles, boats, and personal watercraft, shall be stored on wheeled trailers.

f)    Repair Prohibited

Vehicle repair shall be prohibited.

h.   Supplemental Circulation Standards for Multi-Access Facilities

1)   Interior

The minimum width of aisleways between storage structures shall be 20 feet for one-way traffic, and 30 feet if two-way traffic.

2)   Flow

Traffic flow patterns in aisleways shall be clearly marked. Markings shall consist at a minimum of standard directional signage and painted lane markings with arrows.

i.    Business Uses Prohibited

Businesses shall be prohibited from operating within any Self-Service Storage facility or storage unit or outdoor storage area, except as follows:

1)   Storage of Business Goods

A storage unit shall not be used to store inventory, equipment, or material required on a daily or recurring basis necessary for a business trade or occupation.

2)   Home Occupation Vehicles

A maximum of one business-related vehicle per storage customer a maximum of 8,000 pounds curb weight may be stored in a Multi-Access storage unit or outdoor storage area.

36. Single Room Occupancy (SRO)
a.   Definition

An establishment with lodging for five or more persons housed in individual rooms, where meals may or may not be regularly prepared and served, and facilities such as kitchen and bathrooms may be shared with other residents. [Ord. 2020-020]

37. Theater and Performance Venue
a.   Definition

An establishment that hosts live performances, viewings, seminars, or exhibitions.

b.   Typical Uses

Typical uses may include but are not limited to movie theaters, theaters, conference centers, and exhibition halls.

c.   Approval Process

May be Permitted by Right if it is indoor and less than 15,000 square feet of GFA, and located in the zoning districts where the use is allowed, unless stated otherwise. [Ord. 2020-020]

d.   Building Area – CN Zoning District

Shall be limited to 3,000 square feet of GFA.

38. Vehicle or Equipment Sales and Rental, Heavy
a.   Definition

An establishment engaged in the sale, retail or wholesale, rental, or lease of new or used mobile homes or commercial vehicles, as may be defined by the Florida Department of Motor Vehicles, or equipment, including but not limited to the following: heavy trucks, truck tractors, road tractors, straight trucks, special mobile equipment, buses, school buses, farm tractors, farm implements, heavy equipment including construction and earth moving equipment, trailers, and semi-trailers.

b.   Typical Uses

Typical uses include independent dealers, franchise dealers, wholesale dealers, or mobile home dealers or brokers; or moving truck or trailer rental, construction or farm equipment sales or rental yards, and large implement sales or rental.

c.   Approval Process

1)   Moving Truck and Trailer Rental

Moving Truck and Trailer Rental, limited to a maximum of five vehicles per lot, may be permitted as an accessory use to Retail Gas and Fuel Sales or a Large Scale Commercial Development, subject to DRO approval.

2)   IL District with IND FLU Designation, MUPD with IND FLU Designation, and Light Industrial Pod of a PIPD – Rental Equipment

The rental of construction equipment, moving trucks or trailers, farm equipment, and farm implement and machinery sales and rental uses may be allowed subject to DRO approval. [Ord. 2023-011]

3)   Rural Tier Farm Equipment – MUPD with CL FLU Designation

Heavy Vehicle or Equipment Sales and Rental limited to farm equipment that supports the residents of the Rural Tier may be allowed in an MUPD with a CL FLU designation, subject to Class A Conditional Use approval.

d.   Overlay – Westgate Community Redevelopment Area (WCRA) Overlay

Heavy Vehicle or Equipment Sales and Rental is prohibited in the NR, NRM, NG, and NC Sub-areas, as per Table 3.B.14.E, WCRAO Sub-area Use Regulations.

e.   Lot Size

1)   Commercial Districts

A minimum of three acres.

2)   IL District with IND FLU Designation

A minimum of one acre. [Ord. 2023-011]

f.    Accessory Uses

1)   Accessory Retail Sales

Retail sale of parts may be provided as an accessory use.

2)   Accessory to Heavy Repair and Maintenance

Limited Heavy Vehicle Sales and Rental, may be permitted as an accessory use to Heavy Repair and Maintenance facilities, subject to DRO approval, and the following:

a)   Limited to the display or advertising of a maximum of five vehicles per lot.

b)   All storage spaces shall be located indoors, or set back a minimum of 100 feet from the front and side street property lines, or in a location which is screened from view from any public street by a combination of buildings or walls, or opaque fences or landscaping.

c)   Vehicles on display shall be located within 100 feet of a repair bay.

g.   Nuisances – Test Drives

Test drives of motor vehicles shall be prohibited on Residential Streets.

h.   Storage or Display

Outdoor storage or display of vehicles or equipment shall only be permitted in areas designated for storage or display on an approved Development Order, subject to the following requirements:

1)   General

a)   Vehicle Operating Conditions

(1)  The storage or display of inoperable vehicles or equipment shall be prohibited, with exception to designated storage areas permitted under an approved accessory or collocated use.

(2)  No vehicles or equipment shall be stored or displayed on site except those intended for sale, rental, or lease. An exception shall be permitted for new motor vehicle or equipment inventory owned by another dealership, provided that such vehicles or equipment is of the same type approved for the subject site.

b)   Loading Spaces

Loading spaces shall be set back a minimum of 100 feet from an existing residential use or vacant parcel with a residential FLU designation.

c)   Required Parking

Parking for vehicle storage, sales, or display may not be counted toward meeting the number of on-site parking spaces required for customers and employees.

2)   Standards for Bull Pen Storage

a)   Location or Design

Bull Pen Storage areas shall be located towards the side or rear of the property and designed in a manner that clearly distinguishes the storage area from vehicle showroom or Outdoor Display areas, by placement behind buildings, or through use of opaque fences, walls, or landscape barriers a minimum of six feet high.

b)   Outdoor Storage

Bull Pen Storage areas shall comply with the Outdoor Storage area requirements of Art. 5, Supplementary Standards. This shall not preclude the ability to seek Variance relief.

3)   Standards for Display Areas

a)   General

No vehicle shall be parked, stored, or displayed with its hood or trunk open. Motor vehicles on display shall not be elevated in full or in part.

b)   Barrier

A barrier shall be provided between display areas, and customer parking, related driveway access, or drive aisles. This barrier may be in the form of a landscape strip, curbing, removable bollards, or other suitable barrier approved by the DRO.

c)   Design Standards

Display areas shall conform to Art. 6, Parking, Loading, and Circulation, except for space striping.

4)   Standards for Moving Truck and Trailer Rental

Designated storage spaces for each truck or trailer shall be depicted on the approved Site Plan. All storage spaces shall be set back a minimum of 100 feet from the front and side street property lines, or in a location which is fully screened from view from any public street by a combination of walls, fences, or landscaping.

39. Vehicle Sales and Rental, Light
a.   Definition

An establishment engaged in the sale, retail or wholesale, rental, or lease of new or used motor vehicles as may be defined by the Florida Department of Motor Vehicles, or boats, and recreational vehicles, including but not limited to the following vehicles typically acquired for personal non-commercial use:

1)   Automobiles, sport utility vehicles (SUVs), and light trucks or vans with a curb weight of 8,000 pounds or less; or

2)   Boats, personal watercraft, recreational vehicles (RVs), off-highway vehicles (OHVs), motorcycles, golf carts, or swamp buggies.

b.   Typical Uses

Typical uses include independent dealers, franchise dealers, wholesale dealers, or new and used recreational vehicle dealers, auto and truck rental, and boat or personal watercraft rental and sales.

c.   Approval Process

1)   Indoor Vehicle Showroom

An indoor Vehicle Sales and Rental facility located in the CG or MUPD districts shall be exempt from the minimum three-acre lot size requirement, and may be allowed subject to DRO approval and the following criteria. [Ord. 2021-006]

a)   Floor Area

A maximum of 30,000 square feet and 15 display vehicles.

b)   Test Drives

Test drives shall not be permitted from the Indoor Vehicle Showroom or on site.

c)   Vehicle Operations

Display vehicles shall not operate engines during store hours. Engines shall only be permitted to operate during the transport of vehicle into or out of the showroom.

d)   Parking

Vehicles for sale or lease shall not be parked or displayed outside of the showroom.

e)   Stand-Alone Exception

A stand-alone facility may be exempt from the limitations of a) through c) above, provided that all vehicle display, storage, detailing, or other collocated uses or activities occur indoors. [Ord. 2021-006]

2)   Neighborhood Vehicle Rental Facility

A Neighborhood Vehicle Rental Facility may be allowed in the CN, CC, and CG Zoning Districts; the Commercial Pod of a PUD; PDDs with a CH or CL FLU designation; or, the Neighborhood Center (NC) of a TDD, subject to DRO approval and the following: [Ord. 2021-006]

a)   Vehicle Limitations

A maximum of six vehicles stored on site, limited to cars, SUVs, standard pick-up trucks, and minivans.

b)   Minimum Lot Size

The lot size shall comply with the minimum required for the applicable zoning district. Legal non-conforming Lots of Record shall be able to develop a Neighborhood Vehicle Rental Facility provided all other minimum site development regulations can be met.

c)   Parking

The rental vehicles shall be parked in specifically designated spaces or located in Bull Pen Storage.

d)   Outdoor Activities

Maintenance, repair, detailing, washing, cleaning, or related activities shall not be conducted on site.

d.   Overlay – Westgate Community Redevelopment Area (WCRA) Overlay

Light Vehicle Sales and Rental is prohibited in the NR, NRM, NG, and NC Sub-areas, as per Table 3.B.14.E, WCRAO Sub-area Use Regulations.

e.   Zoning Districts

1)   Commercial Pod of PUD and Neighborhood Center of TND

Shall be limited to a Neighborhood Vehicle Rental Facility.

2)   TMD

Shall be limited to Indoor Vehicle Showroom. [Ord. 2017-025]

3)   Districts with Commercial Low FLU Designation

The sale or rental of OHVs, RVs, boats, or motorcycles shall be subject to the standards for accessory uses.

4)   IL District with IND FLU Designation – Automobile Rental

An Automobile Rental may be allowed in the IL Zoning District where the front or side street property line is adjacent to a Major Street, subject to a Class A Conditional Use approval. [Ord. 2021-006] [Ord. 2023-011]

f.    Lot Size

A minimum of three acres, excluding the following:

1)   Indoor Vehicle Showrooms;

2)   Motorcycle or OHV sales and rental;

3)   Boat or watercraft sales and rental when collocated with a Marina Facility; or,

4)   Where otherwise stated within this Subsection.

g.   Accessory Uses

1)   Marinas

Vehicle Sales and Rental limited to boats and personal watercraft may be permitted as an accessory use to Marina Facilities in the CRE district or an MUPD with CR FLU designation, and shall be exempt from the minimum three-acre lot size requirement.

2)   Accessory to Heavy Repair and Maintenance

Limited Light Vehicle Sales and Rental, may be permitted as an accessory use to Heavy Repair and Maintenance facilities, subject to DRO approval, and the following:

a)   Limited to the display or advertising of a maximum of five vehicles per lot.

b)   All storage spaces shall be located indoors, or set back a minimum of 100 feet from the front and side street property lines, or in a location which is screened from view from any public street by a combination of buildings or walls, or opaque fences or landscaping.

c)   Vehicles on display shall be located within 100 feet of a repair bay.

h.   Nuisances – Test Drives

Test drives of motor vehicles shall be prohibited on Residential Streets.

i.    Storage or Display

Outdoor storage or display of vehicles shall only be permitted in areas designated for storage or display on an approved Development Order, subject to the following requirements:

1)   General

a)   Vehicle Operating Conditions

(1)  The storage or display of inoperable vehicles or equipment shall be prohibited, with exception to designated storage areas permitted under an approved accessory or collocated use.

(2)  No vehicles or equipment shall be stored or displayed on site except those intended for sale, rental, or lease. An exception shall be permitted for new motor vehicle or equipment inventory owned by another dealership, provided that such vehicles or equipment is of the same type approved for the subject site.

b)   Loading Spaces

Loadings spaces shall be set back a minimum of 100 feet from an existing residential use or vacant parcel with a residential FLU designation.

c)   Required Parking

Parking for vehicle storage, sales, or display may not be counted toward meeting the number of on-site parking spaces required for customers and employees.

2)   Standards for Bull Pen Storage

a)   Location or Design

Bull Pen Storage areas shall be located towards the side or rear of the property and designed in a manner that clearly distinguishes the storage area from vehicle showroom or Outdoor Display areas, by placement behind buildings, or through use of opaque fences, walls, or landscape barriers a minimum of six feet high.

b)   Outdoor Storage

Bull Pen Storage areas shall comply with the Outdoor Storage area requirements of Art. 5, Supplementary Standards. This shall not preclude the ability to seek Variance relief.

3)   Standards for Display Areas

a)   General

No vehicle shall be parked, stored, or displayed with its hood or trunk open. Motor vehicles on display shall not be elevated in full or in part.

b)   Barrier

A barrier shall be provided between display areas, and customer parking, related driveway access, or drive aisles. This barrier may be in the form of a landscape strip, curbing, removable bollards, or other suitable barrier approved by the DRO.

c)   Design Standards

Display areas shall conform to Art. 6, Parking, Loading, and Circulation, except for space striping.

40. Veterinary Clinic
a.   Definition

An establishment engaged in providing medical care, treatment, and temporary boarding for animals.

b.   Approval Process – AGR, AR, CLO Zoning Districts and MUPD with CL, CL-O FLU Designation

1)   A Veterinary Clinic may be Permitted by Right in the AR, CLO Zoning District, and MUPD with CL or CL-O FLU designation, subject to the following limitations: [Ord. 2019-005]

a)   GFA shall not exceed 5,000 square feet; and

b)   Shall not include outdoor runs.

2)   A Veterinary Clinic may be Permitted by Right in the AGR Zoning District. The GFA shall not exceed 5,000 square feet. [Ord. 2019-005]

c.   Lot Size – AR and AGR Districts

Shall be located on a minimum of five acres.

d.   Zoning District

A Veterinary Clinic shall not have outdoor runs and limited to the following:

1)   CC and CN Zoning Districts

Shall not occupy more than 3,000 square feet of GFA.

2)   MUPD with CL FLU Designation and TDD Districts

Shall not occupy more than 5,000 square feet of GFA. [Ord. 2017-025]

3)   Infill Redevelopment Overlay

Boarding facilities shall comply with the standards for a Type 3 Commercial Kennel.

e.   Outdoor Runs

A Veterinary Clinic with outdoor runs shall comply with the following standards:

1)   Lot Size

A minimum of one acre.

2)   Setbacks

Outdoor runs shall not be located within 50 feet of any property line adjacent to a parcel of land with a residential FLU designation or use; or 25 feet from any property line adjacent to a non-residential zoning district, use, or FLU.

3)   WCRAO

Outdoor runs shall not be located within 25 feet of any property line.

4)   Standards

A six-foot-high fence shall be required around the runs. If the fence is not opaque or screened from view of adjacent properties or R-O-W, a continuous opaque hedge, a minimum of four feet at installation, shall be provided around the run.

5)   Waste Disposal

A Veterinary Clinic shall meet the ECR I and ECR II standards and shall be subject to all applicable rules and regulations of the FDEP, PBCHD, and SWA.

f.    Facility without Outdoor Runs

A Veterinary Clinic without outdoor runs shall be required to make accommodations to ensure animal waste is properly disposed of within the facility.

g.   Collocated Use

1)   A Veterinary Clinic may be Permitted by Right in the IG, PO, or IPF Zoning District or MUPD with an INST FLU designation when collocated with an Animal Shelter. [Ord. 2018-018]

2)   Veterinary Clinics operated by a licensed veterinarian for the care of the animals kept in the shelter facility may also offer veterinary services to the public. [Ord. 2018-018]

41. Vocational Institution
a.   Definition

An establishment, that is not an Elementary or Secondary School, offering regularly scheduled instruction and training in industrial, mechanical, construction, technical, commercial, clerical, managerial, or artistic skills.

b.   Typical Uses

A Vocational Institution may include but is not limited to business, real estate, building, and construction trades; machinery operation and repair; electronics, computer programming, and technology; automotive or aircraft mechanics and technology; beauty or art school; or, instruction leading to a high school diploma.

c.   Zoning District – CN and CC

Shall be limited to 3,000 square feet of GFA.

d.   Industrial FLU Designation

A Vocational Institution that requires the use of heavy machinery, mechanical, construction, or industrial equipment such as auto repair, masonry, automotive operation or repair, metal fabrication, welding, mechanical, or electrical repair shall be limited to sites with an IND FLU designation excluding Commercial Pod of a PIPD. [Ord. 2023-011]

e.   Nuisances

The use shall be conducted within an enclosed building in a non-industrial zoning district where the use is allowed unless separated 250 feet from a parcel of land with a residential FLU designation or use.

42. Work/Live Space
a.   Definition

A space within a building that is used jointly for residential and any non-residential use permitted in the zoning district, where permitted by the FBC, where the residential space is accessory to the primary use as a place of work.

b.   Non-Residential Designation

Both residential and non-residential square footage shall be counted towards the maximum FAR allowed for the district.

c.   Floor Area

Shall not exceed 1,000 square feet of living area.

d.   Office Space

A minimum of ten percent of the living area shall be designated as office space.

e.   WCRAO

Work/Live Space is prohibited in the NR Sub-area per Table 3.B.14.E, WCRAO Sub-area Use Regulations.


Section 3         Recreation Uses

A.   Recreation Use Matrix

 

Table 4.B.3.A – Recreation Use Matrix

 

 

Standard Zoning Districts

Use Type

Planned Development Districts (PDDs)

Traditional Development Districts (TDDs)

 

AG/CON

Residential

Commercial

C

M

R

IND

INST

PUD

MUPD

PIPD

M

R

TND

TMD

 

Pods

FLU

Pods

H

V

Tier

 

P

A

A

AR

R

R

R

R

C

C

C

C

C

C

URAO

IRO

I

I

I

P

I

R

C

R

C

A

C

C

C

C

C

I

E

C

I

I

C

I

P

P

U/S

Exurban/

Rural

U

E

AGR

 

C

G

P

R

U

E

T

S

M

N

L

C

H

G

R

U

U

U

U

U

FLU

L

L

G

O

P

E

O

E

I

G

L

H

L

H

R

N

D

M

N

N

O

N

D

D

S

X

 

 

R

 

S

S

 

 

 

 

 

O

 

O

 

E

C

C

C

I

I

C

C

C

C

 

 

 

 

F

S

M

C

V

R

 

 

O

O

 

D

C

R

S

D

M

D

 

 

R

N

O

R

N

O

 

R

D

P

 

 

 

 

A

A

 

 

 

 

 

 

 

 

 

 

1

2

3

1

2

L

L

H

H

 

 

 

 

 

 

 

 

 

/

 

 

 

 

 

 

 

 

T

/

 

/

 

 

E

C

S

E

C

S

 

U

E

R

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

O

 

O

 

 

 

 

 

 

 

 

 

P

 

 

 

 

 

 

 

 

 

L

 

G

 

 

S

 

R

S

 

R

 

R

V

E

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

E

 

 

E

 

A

 

S

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Supplementary Use

Standards #

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C

 

 

C

 

L

 

 

 

Recreation Uses (2)

 

-

-

-

-

-

-

-

-

-

-

-

-

-

A

A

-

-

-

-

-

-

-

-

-

-

-

-

D

A

Arena or Stadium or Amphitheater

1

-

A

-

-

-

-

A

-

-

A

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

 

D

-

-

-

-

-

-

-

-

-

-

-

-

-

D

-

-

-

-

-

-

-

-

-

-

-

-

P

D

Campground

2

-

-

-

-

-

-

-

-

-

P

-

-

-

-

-

-

-

-

P

-

-

-

-

-

-

-

-

-

-

 

-

-

-

-

-

-

-

-

-

A

-

A

-

B

D

D

D

D

D

D

D

-

D

-

-

-

-

P

D

Entertainment, Indoor

3

-

A

-

-

-

A

D

-

-

P

-

-

-

-

-

D

-

-

-

-

A

-

-

A

-

A

A

A

-

 

-

-

-

-

-

-

-

-

-

-

-

A

-

A

D

A

A

A

A

A

-

-

-

-

-

-

-

P

-

Entertainment, Outdoor

4

-

A

-

-

-

A

A

-

-

P

-

-

-

-

-

P

-

-

-

-

-

-

-

-

-

-

-

-

-

 

-

-

-

-

-

-

-

-

-

P

-

A

-

P

P

D

D

D

D

D

D

-

D

-

D

D

-

P

-

Fitness Center

5

-

A

P

A

-

A

P

-

-

P

D

D

D

-

D

D

-

-

-

-

P

-

-

P

-

P

P

P

-

 

-

-

-

-

-

A

A

A

A

-

-

A

-

B

D

-

-

-

-

-

-

-

-

-

-

D

-

P

B

Golf Course

6

-

-

A

-

-

A

A

A

A

A

A

-

-

-

P

A

P

P

R

-

-

-

-

-

-

-

-

-

-

 

P

-

-

P

P

P

P

P

P

P

-

P

-

P

P

D

D

D

D

D

D

D

D

D

-

P

P

P

P

Park, Neighborhood Infill

7

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

 

P

P

P

D

D

D

D

D

D

D

P

P

P

P

P

D

D

D

D

D

D

D

D

D

P

P

P

P

P

Park, Passive

8

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

 

D

-

-

B

B

A

A

A

B

B

-

D

-

D

D

D

D

D

D

D

D

D

D

D

P

D

D

P

D

Park, Public

9

-

-

P

P

-

P

P

-

-

P

P

-

P

P

-

P

-

A

A

-

-

P

-

-

P

P

P

P

P

 

-

-

-

-

-

-

-

-

-

-

-

-

-

A

A

A

A

A

A

A

-

-

A

-

D

D

P

D

-

Shooting Range, Indoor

10

-

-

-

-

-

-

A

-

-

A

A

-

D

-

P

A

P

-

-

-

-

-

-

-

-

-

-

-

-

 

-

-

-

-

-

-

-

-

-

-

-

-

-

-

A

-

-

-

-

-

-

-

-

-

-

-

-

A

-

Shooting Range, Outdoor

11

-

-

-

-

-

-

-

-

-

A

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

 

-

-

-

-

-

-

-

-

-

-

-

-

-

A

D

-

-

-

-

-

-

-

-

-

-

-

-

P

B

Zoo

12

-

-

-

-

-

-

A

-

-

D

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

 

[Ord. 2017-007] [Ord. 2017-025] [Ord. 2018-002] [Ord. 2021-023] [Ord. 2023-011]

 

Use Approval Process Key:

P

Permitted by Right

D

Subject to DRO approval

A

Subject to BCC approval (Class A Conditional Use)

B

Subject to Zoning Commission approval (Class B Conditional Use)

-

Prohibited use, unless stated otherwise within Supplementary Use Standards

(1)

Supplementary Use Standards for each use must be reviewed regardless of the approval process set forth in the Use Matrix. Refer to the numbers in the Supplementary Use Standards column.

(2)

Uses may require a higher level of approval pursuant to Table 4.A.9.A, Thresholds for Projects Requiring DRO Approval, and Table 4.A.9.B, Thresholds for Projects Requiring Board of County Commissioners Approval, unless otherwise specified within the Supplementary Use Standards of the specific use. [Ord. 2021-023]

 


(This page intentionally left blank)


B.   General Recreation Standards

1.   Tier Specific

Pari-mutuel betting or gaming is prohibited in the Agricultural Reserve (AGR) Tier.

C.   Definitions and Supplementary Use Standards for Specific Uses

1.   Arena or Stadium or Amphitheater
a.   Definition

An establishment open, partially or fully enclosed primarily used or intended for commercial spectator sports, or performance.

b.   Typical Uses

Typical uses include sports arenas, jai alai frontons, racetracks, and concert halls.

c.   Location

There shall be a minimum of 200 feet of lot frontage along a Major Street from which primary point of vehicular access shall be provided. [Ord. 2021-006]

2.   Campground
a.   Definition

A parcel of land used for temporary camping and recreational vehicle (RV) uses, and not as permanent living quarters.

b.   Lot Size

A minimum of five acres or the minimum required by the district, whichever is greater.

c.   Use

1)   Campsite

Campsites are predominantly intended for use by patrons occupying tents, pop-up style campers, or Camping Cabins.

2)   RV Site

RV sites are primarily intended to accommodate RVs, and shall be improved with a paved parking pad for the RV and one passenger vehicle.

d.   Intensity

Campgrounds may be developed at the following intensities:

 

Table 4.B.3.C – Campground Intensity

Zoning Districts

Number of Sites/ac. (2)

Standard

Campsites

RVs

AP (1)

10/ac.

N/A

PC

10/ac.

N/A

PO

12/ac.

6/ac.

IPF

12/ac.

CRE

12/ac.

PDD

MUPD

CR FLU

16/ac.

8/ac.

RVPD

RR FLU (3)

10/ac. (3)

4/5 ac.

CR FLU

24/ac.

12/ac.

Notes:

1.

In the LOSTO only.

2.

The acreage used to calculate campsites cannot be used to calculate RV sites, or vice versa. Campsites and RV sites may be interspersed throughout the site.

3.

RVPDs existing prior to March 2, 2017 shall be considered conforming for intensity.

 

e.   Setback for RV or Camp Sites

All sites shall be set back a minimum of 50 feet from any property line.

f.    Duration of Stay

1)   Campsites and Camping Cabins

A maximum of 30 consecutive days in a six-month period.

2)   RV Sites

a)   No person shall reside or be permitted to reside in a RV site for more than 180 days per calendar year.

b)   Record Keeping

The Campground owner or operator shall keep the following records:

(1)  the make, model, and year of each RV;

(2)  the lot on which each RV is/was located;

(3)  the dates of occupancy for each RV owner; and,

(4)  the name and permanent address of each RV owner.

c)   Mobility

The mobility of each recreational vehicle shall be maintained at all times. All recreational vehicles shall be currently licensed by the State of Florida, or the State of residency of the RV owner. The license plate shall be visible at all times.

g.   Accessory Use

1)   Camping Cabin

a)   Definition

A rental cabin used for temporary occupancy.

b)   Use

A Camping Cabin may be allowed as an accessory use to a Campground.

c)   Number

A maximum of 30 percent of the total approved campsites may be used for Camping Cabins.

d)   Floor Area

A Camping Cabin shall not exceed 800 square feet of GFA.

e)   Additional Floor Area

Floor area under a solid roof that is utilized as a porch, patio, porte-cochère, or carport shall not exceed 500 square feet.

f)    Amenities

A Camping Cabin may contain electrical outlets (excluding 220 volt), heating, lighting, air conditioning, cooking facilities, and plumbing.

2)   Retail Sales, General

A camp store selling goods intended for consumption and use by the patrons of a Campground shall be allowed pursuant to the following:

a)   Size

Shall not exceed 2,500 square feet of GFA, including storage.

b)   Location

Shall be located to the interior of the Campground, and shall not be accessible from any external roads abutting the Campground property.

c)   Parking

Shall provide one parking space per 500 square feet of GFA, plus one space per employee on duty.

d)   Signage

Signage shall be limited to a maximum of 25 square feet of wall signage located on the front façade of the building, and shall not be visible from the exterior of the Campground. Freestanding signs shall be prohibited.

h.   LOSTO

A Campground or Camping Cabins may be located on parcels within the LOSTO where the use is not allowed by the Use Matrix, subject to the following:

1)   Campground

A Campground without RV sites may be allowed in the LOSTO subject to DRO approval.

2)   Camping Cabins

A Camping Cabin may be allowed as a principal use, or as an accessory use to a Single Family dwelling, subject to a DRO approval through the ZAR process and the following: [Ord. 2018-002]

a)   Density

A maximum of ten Camping Cabins per acre when developed as principal use.

b)   Setback

A minimum of 25 feet from all property lines.

c)   Occupants

Only users of the LOSTO Trail, such as hikers, bikers, and tourists, shall be allowed to occupy the cabins.

3.   Entertainment, Indoor
a.   Definition

An establishment offering recreational opportunities or games of skill to the general public for a fee in a wholly enclosed building.

b.   Typical Uses

Indoor Entertainment may include, but not be limited to: bowling alleys, bingo parlors, pool halls, billiard parlors, banquet and reception facilities, and video game arcades.

c.   Approval Process – CC, CG, MUPD with CL or CH FLU Designation, and PIPD Zoning Districts

An Indoor Entertainment use encompassing less than 3,000 square feet of floor area may be Permitted by Right. [Ord. 2021-023] [Ord. 2023-011]

4.   Entertainment, Outdoor
a.   Definition

An establishment offering recreational opportunities or games of skill to the general public where any portion of the activity takes place in the open for a fee, excluding Golf Courses and Public Parks.

b.   Typical Uses

Typical uses include athletic fields, batting cages, golf driving ranges, water skiing facilities, tennis courts, go-cart tracks, miniature golf courses, paintball fields, jet skiing, and wind surfing.

c.   Approval Process – PIPD Regional Recreation Pod Exception

An Outdoor Entertainment use that serves to promote economic benefits, such as enhanced tourism, job creation, and an amenity for business recruitment, and which provides for national recognition as a unique recreational facility, may be allowed within the Regional Recreation Pod of a PIPD subject to Class A Conditional Use approval, and the following: [Ord. 2017-032]

1)   Notification to Business Development Board

The Applicant shall include documentation confirming that the Business Development Board (BDB) has been notified of the application for Class A Conditional Use approval, including tentative BCC public hearing dates, prior to certification for public hearing. [Ord. 2017-032]

2)   Residential Separation

Shall be located a minimum of 1,000 feet from a residential use or vacant parcel with a residential FLU designation. [Ord. 2017-032]

3)   Collocated Special Event

A Special Event may be collocated with an Outdoor Entertainment use subject to DRO approval, in accordance with the provisions of Art. 4.B.11.C.8, Special Event. [Ord. 2017-032] [Ord. 2019-005]

d.   Location

Access to an Outdoor Entertainment use shall be prohibited from Local Residential or Residential Access Streets. [Ord. 2021-006]

e.   Setbacks

No building, structure, trailer, vehicle, mechanical device, or outdoor area shall be located closer to the property line than as follows:

 

Table 4.B.3.C – Outdoor Entertainment Setbacks

Adjacent Use

Min. Setback

Non-Residential and Streets

50’

Residential District or Use (1)

100’ (1)

[Ord. 2017-032]

Notes:

1.

Outdoor Entertainment within a PIPD Regional Recreation Pod shall be subject to the setbacks of Art. 4.B.3.C.4.c.2), Residential Separation. [Ord. 2017-032]


 

5.   Fitness Center
a.   Definition

An establishment containing multi-use facilities for conducting individual and/or group recreational sport activities. [Ord. 2023-011]

b.   Typical Activities

Typical sport activities may include but are not limited to aerobic exercises, weight lifting, running, swimming, racquetball, pickle-ball, gymnastics, dance studios, and martial arts studios. [Ord. 2023-011]

c.   Approval Process

1)   CC Zoning District and MUPD with CL FLU Designation

a)   A Fitness Center that has less than 8,000 square feet of GFA shall be Permitted by Right.

b)   A Fitness Center with more than 8,000 square feet but less than 15,000 square feet shall be subject to DRO approval.

2)   Commercial Pod of PUD

A Fitness Center less than 10,000 square feet may be Permitted by Right. [Ord. 2018-018]

d.   Zoning District – CN Zoning District

The use shall be limited to 3,000 square feet of GFA when located in CN Zoning District and shall not include outdoor activities.

e.   IND, EDC, and CMR FLU Designations

No more than 20 percent of the square footage of the development may be utilized as a Fitness Center. [Ord. 2023-011]

6.   Golf Course
a.   Definition

An establishment providing a golf recreation area designed for executive or regulation play along with accessory support facilities, excluding miniature golf.

b.   Accessory Use

1)   Clubhouse

A Golf Course use may include a clubhouse. In addition to traditional and customary services, the clubhouse may also contain uses such as food service, catering, related retail sales, financial services, and other personal services.

2)   Fencing

Fencing or netting may be erected to protect neighboring property, vehicles, pedestrians, or bicyclists from golf balls, subject to the following restrictions:

a)   Maximum Height Adjacent To

(1)  Residential Use

15 feet.

(2)  Street or Easement

30 feet.

(3)  Non-Residential Use

30 feet.

b)   Variance Relief

Request for Type 2 Variance from fence or netting maximum height shall be permitted in accordance with Art. 2, Application Processes and Procedures.

7.   Park, Neighborhood Infill
a.   Definition

A public park facility operated by PBC located in the Revitalization and Redevelopment Overlay as designated by the BCC.

b.   Lot Size

A maximum of five acres.

c.   Minimum Setbacks

1)   Playground Surface Areas

Ten feet.

2)   Structures, Park Furniture, and Playground Equipment

15 feet.

3)   Active Recreation Facilities

a)   A minimum of 15 feet when adjacent to R-O-Ws and parcels of land with a non-residential FLU designation or use.

b)   A minimum of 25 feet when adjacent to parcels of land with a residential FLU designation or use. The Parks and Recreation Director may authorize a setback reduction to 15 feet, when compatibility issues are addressed with any adjacent residential uses.

d.   Restrictions

Sports lighting, parking spaces, and permanent sanitary facilities shall be prohibited.

e.   Recreation Amenities

Active recreation amenities may include playground equipment and non-regulation basketball courts.

8.   Park, Passive
a.   Definition

A public or private outdoor recreation area relying on a natural or man-made resource base and developed with a low intensity of impact on the land.

b.   Typical Uses

Typical uses include trail systems, wildlife management and demonstration areas for historical, cultural, scientific, educational, or other purposes that relate to the natural qualities of the area, and support facilities for such activities.

c.   Zoning District – PC

A Passive Park use shall generally include but not be limited to nature and foot trails; canoe trails; wildlife management performed by official game, fish and wildlife commissions; public hunting and fishing camps; the use of boats, airboats, and wheeled and tracked vehicles under policies and regulations prescribed by the appropriate government agencies; hunting and fishing camps on private property under policies prescribed by official game, fish and wildlife commissions; exploration, observation, and archeological studies supervised by recognized authorities or persons granted permission to proceed by the State of Florida; preserves and passive recreation areas, and residences for preservation management officers or substantially similar recreational conservation accessory uses.

9.   Park, Public
a.   Definition

A park publicly owned or operated by government agencies that provide opportunities for active or passive recreational activities to the general public.

b.   Type of Parks

The use includes Regional Park, District Park, Beach Park, and Community Park.

c.   Collocated Uses

The following shall be collocated uses Permitted by Right in the PO Zoning District when included as part of a Public Park:

1)   Outdoor Shooting Range limited to non-mechanical equipment archery;

2)   Arena or Stadium or Amphitheater separated at least 1,500 feet from parcels of land with a conservation and residential FLU designation or use.

3)   Commercial Equestrian Arena;

4)   Marina limited to docks, wet slips, or boat ramps; and,

5)   Caretaker Quarters. [Ord. 2018-018]

10. Shooting Range, Indoor
a.   Definition

An indoor establishment used for the discharge of firearms or projectiles at targets for sport or training, excluding private gun ranges where preempted by State law.

b.   Approval Process

An Indoor Shooting range allowed subject to a Class A Conditional Use may be approved by the DRO when limited to archery.

c.   Nuisances

All use areas shall be within an enclosed building constructed, maintained, and operated so that no noise nuisances related to the range operations can be detected outside the building.

d.   Separation Distance

An Indoor Shooting Range shall not be located within 500 feet of a parcel of land with a civic or residential FLU designation or use or a park, unless limited to archery.

e.   Site Design

Except where preempted by State law, during Zoning or Building Permit review, whichever occurs first, the Applicant shall provide documentation demonstrating acceptable industry design and configuration standards, based on type of shooting activity, to address potential adverse safety and nuisance concerns. Range design shall include but not be limited to: ventilation, safety baffles, bullet traps, and impenetrable backstops, floors, walls, and ceilings.

11. Shooting Range, Outdoor
a.   Definition

An outdoor establishment used for the discharge of firearms or projectiles at targets for sport or training, excluding private gun ranges where preempted by State law.

b.   Separation Distance

An Outdoor Shooting Range shall not be located within 1,320 feet of a property line with a civic or residential use, zoning district, or FLU designation, unless the adjacent properties are owned by a government agency and utilized for other than civic or residential purposes.

c.   Site Design

Except where preempted by State law, during Zoning or Building Permit review, whichever occurs first, the Applicant shall provide documentation demonstrating acceptable industry design, configuration, and operational standards, based on type of shooting activity, to address potential adverse safety and nuisance concerns. Range design shall include, but not be limited to: backstops, sideberms, sidewalls, sound and visual baffles, and target placement.

d.   Archery Range

1)   DRO Approval Process

An Outdoor Shooting Range allowed subject to a Class A Conditional Use may be approved by the DRO when limited to non-mechanical archery equipment.

2)   Separation Distance

Shall not be subject to the 1,320-foot separation distance when limited to non-mechanical archery equipment. An alternative separation distance may be required if warranted based on the site design requirements contained above.

12. Zoo
a.   Definition

An establishment where animals are kept in captivity for the public to view or for educational purposes.

b.   Accessory Uses

A Veterinary Clinic, gift shop, and food service may be Permitted by Right as accessory uses to a Zoo.

c.   Setbacks

No animal containment area shall be located within 500 feet of any residential district.


Section 4         Institutional, Public, and Civic Uses

A.   Institutional, Public, and Civic Use Matrix

 

Table 4.B.4.A – Institutional, Public, and Civic Use Matrix

 

 

Standard Zoning Districts

Use Type

Planned Development Districts (PDDs)

Traditional Development Districts (TDDs)

 

AG/CON

Residential

Commercial

C

M

R

IND

INST

PUD

MUPD

PIPD

M

R

TND

TMD

 

Pods

FLU

Pods

H

V

Tier

 

P

A

A

AR

R

R

R

R

C

C

C

C

C

C

URAO

IRO

I

I

I

P

I

R

C

R

C

A

C

C

C

C

C

I

E

C

I

I

C

I

P

P

U/S

Exurban/

Rural

U

E

AGR

 

C

G

P

R

U

E

T

S

M

N

L

C

H

G

R

U

U

U

U

U

FLU

L

L

G

O

P

E

O

E

I

G

L

H

L

H

R

N

D

M

N

N

O

N

D

D

S

X

 

 

R

 

S

S

 

 

 

 

 

O

 

O

 

E

C

C

C

I

I

C

C

C

C

 

 

 

 

F

S

M

C

V

R

 

 

O

O

 

D

C

R

S

D

M

D

 

 

R

N

O

R

N

O

 

R

D

P

 

 

 

 

A

A

 

 

 

 

 

 

 

 

 

 

1

2

3

1

2

L

L

H

H

 

 

 

 

 

 

 

 

 

/

 

 

 

 

 

 

 

 

T

/

 

/

 

 

E

C

S

E

C

S

 

U

E

R

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

O

 

O

 

 

 

 

 

 

 

 

 

P

 

 

 

 

 

 

 

 

 

L

 

G

 

 

S

 

R

S

 

R

 

R

V

E

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

E

 

 

E

 

A

 

S

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Supplementary Use

Standards #

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C

 

 

C

 

L

 

 

 

Institutional, Public, and Civic Uses (2)

 

-

-

-

-

-

-

-

-

-

-

-

A

-

A

-

A

A

A

A

A

A

-

A

-

-

A

D

A

A

Animal Shelter

1

-

-

-

-

-

A

A

-

-

-

-

-

-

A

-

-

-

-

-

-

-

-

-

-

-

A

A

A

-

 

-

A

-

A

A

-

-

A

A

A

-

A

-

D

D

D

D

D

D

D

-

-

-

-

-

-

-

D

A

Assembly Institutional Nonprofit

2

-

D

-

D

-

A

D

-

-

D

-

-

-

D

-

A

-

-

-

-

A

-

-

A

-

A

A

A

-

 

-

-

-

A

A

-

-

-

-

-

A

A

A

D

-

D

D

D

D

D

-

-

-

-

-

-

-

-

A

Assembly Membership Nonprofit

3

-

-

-

A

-

A

D

A

A

D

-

-

-

D

-

A

-

-

-

-

A

-

-

A

-

A

A

A

-

 

-

-

-

A

A

A

A

A

A

-

-

A

-

A

-

-

-

-

-

-

-

-

-

-

-

-

-

A

A

Cemetery

4

-

-

-

A

-

-

A

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

 

-

-

-

-

-

-

-

-

-

-

-

A

A

A

-

D

D

D

D

D

D

-

D

A

-

-

-

P

A

College or University

5

-

-

-

A

-

A

A

A

A

A

A

-

-

A

-

A

-

-

-

-

-

-

-

-

-

A

A

-

-

 

-

-

-

-

-

-

-

-

-

-

-

A

-

A

-

A

A

A

A

A

-

-

A

-

-

A

A

A

A

Crematory

6

-

-

-

-

-

A

A

-

-

-

A

-

-

A

-

A

-

-

-

-

-

-

-

-

-

-

-

-

-

 

-

D

-

A

A

A

A

A

B

B

B

D

D

D

D

D

D

D

D

D

B

B

D

D

-

-

-

D

D

Day Care, Limited

7

-

D

-

D

-

D

D

D

D

D

-

-

-

D

-

D

-

D

D

-

D

-

-

D

-

D

D

D

-

 

-

A

-

A

A

A

A

A

A

A

A

A

A

A

A

D

D

D

D

D

A

A

A

A

-

-

-

D

A

Day Care, General

7

-

A

-

A

-

A

A

A

A

A

-

-

-

A

-

A

-

A

A

-

A

-

-

A

-

A

A

A

-

 

-

-

-

-

-

-

-

-

-

-

-

A

-

A

-

D

D

D

D

D

-

-

A

-

-

D

D

A

A

Funeral Home

8

-

P

-

-

-

A

A

-

-

-

D

-

-

A

-

P

-

-

-

-

-

-

-

-

-

-

-

-

-

 

-

D

A

A

A

A

A

A

A

P

P

P

P

P

P

D

D

D

D

D

D

D

D

D

P

P

P

P

D

Government Services

9

-

P

-

P

-

P

P

P

P

P

P

P

P

P

P

P

P

P

P

-

P

-

-

P

-

P

P

P

P

 

-

-

-

-

-

-

-

-

-

-

-

-

A

A

-

A

A

A

A

A

-

-

A

A

-

A

-

A

A

Homeless Resource Center

10

-

-

-

-

-

-

A

-

A

-

A

-

-

A

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

 

[Ord. 2017-007] [Ord. 2017-025] [Ord. 2018-002] [Ord. 2021-023] [Ord. 2023-011]

 

Use Approval Process Key:

P

Permitted by Right

D

Subject to DRO approval

A

Subject to BCC approval (Class A Conditional Use)

B

Subject to Zoning Commission approval (Class B Conditional Use)

-

Prohibited use, unless stated otherwise within Supplementary Use Standards

(1)

Supplementary Use Standards for each use must be reviewed regardless of the approval process set forth in the Use Matrix. Refer to the numbers in the Supplementary Use Standards column.

(2)

Uses may require a higher level of approval pursuant to Table 4.A.9.A, Thresholds for Projects Requiring DRO Approval, and Table 4.A.9.B, Thresholds for Projects Requiring Board of County Commissioners Approval, unless otherwise specified within the Supplementary Use Standards of the specific use. [Ord. 2021-023]


 

Table 4.B.4.A – Institutional, Public, and Civic Use Matrix

 

 

Standard Zoning Districts

Use Type

Planned Development Districts (PDDs)

Traditional Development Districts (TDDs)

 

AG/CON

Residential

Commercial

C

M

R

IND

INST

PUD

MUPD

PIPD

M

R

TND

TMD

 

Pods

FLU

Pods

H

V

Tier

 

P

A

A

AR

R

R

R

R

C

C

C

C

C

C

URAO

IRO

I

I

I

P

I

R

C

R

C

A

C

C

C

C

C

I

E

C

I

I

C

I

P

P

U/S

Exurban/

Rural

U

E

AGR

 

C

G

P

R

U

E

T

S

M

N

L

C

H

G

R

U

U

U

U

U

FLU

L

L

G

O

P

E

O

E

I

G

L

H

L

H

R

N

D

M

N

N

O

N

D

D

S

X

 

 

R

 

S

S

 

 

 

 

 

O

 

O

 

E

C

C

C

I

I

C

C

C

C

 

 

 

 

F

S

M

C

V

R

 

 

O

O

 

D

C

R

S

D

M

D

 

 

R

N

O

R

N

O

 

R

D

P

 

 

 

 

A

A

 

 

 

 

 

 

 

 

 

 

1

2

3

1

2

L

L

H

H

 

 

 

 

 

 

 

 

 

/

 

 

 

 

 

 

 

 

T

/

 

/

 

 

E

C

S

E

C

S

 

U

E

R

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

O

 

O

 

 

 

 

 

 

 

 

 

P

 

 

 

 

 

 

 

 

 

L

 

G

 

 

S

 

R

S

 

R

 

R

V

E

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

E

 

 

E

 

A

 

S

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Supplementary Use

Standards #

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C

 

 

C

 

L

 

 

 

Institutional, Public, and Civic Uses (2)

 

-

-

-

-

-

-

-

-

-

-

-

A

A

A

-

D

D

D

D

D

D

-

D

D

-

-

-

P

A

Hospital

11

-

A

-

-

-

A

A

-

A

-

-

-

-

A

-

A

-

-

-

-

-

-

-

-

-

A

A

-

-

 

-

-

-

D

D

D

D

D

D

-

-

-

-

-

-

D

D

D

D

D

-

-

-

-

-

-

-

-

-

Large Family Child Care Home

7

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

 

-

D

-

D

D

D

D

D

D

D

D

D

D

D

D

D

D

D

D

D

D

D

D

D

-

D

D

D

D

Place of Worship

12

-

D

-

D

-

D

D

D

D

D

-

-

-

D

-

D

-

-

-

-

D

-

-

D

-

D

D

D

-

 

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

A

A

Prison, Jail, or Correctional Facility

13

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

 

-

A

-

A

A

A

A

A

A

A

A

A

A

A

-

D

D

D

D

D

D

D

D

D

-

A

-

P

A

School – Elementary or Secondary

14

-

-

-

A

-

A

A

A

A

-

-

-

-

D

-

A

-

-

-

-

A

-

-

A

-

A

A

A

A

 

-

-

-

-

-

-

-

A

A

A

-

A

-

A

-

D

D

D

D

D

D

D

D

D

-

-

-

-

D

Skilled Nursing or Residential Treatment Facility

15

-

A

-

A

-

A

A

-

-

-

-

-

-

D

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

 

[Ord. 2017-007] [Ord. 2017-025] [Ord. 2018-002] [Ord. 2021-022] [Ord. 2021-023] [Ord. 2023-011]

 

Use Approval Process Key:

P

Permitted by Right

D

Subject to DRO approval

A

Subject to BCC approval (Class A Conditional Use)

B

Subject to Zoning Commission approval (Class B Conditional Use)

-

Prohibited use, unless stated otherwise within Supplementary Use Standards

(1)

Supplementary Use Standards for each use must be reviewed regardless of the approval process set forth in the Use Matrix. Refer to the numbers in the Supplementary Use Standards column.

(2)

Uses may require a higher level of approval pursuant to Table 4.A.9.A, Thresholds for Projects Requiring DRO Approval, and Table 4.A.9.B, Thresholds for Projects Requiring Board of County Commissioners Approval, unless otherwise specified within the Supplementary Use Standards of the specific use. [Ord. 2021-023]

 


B.   General Institutional, Public, and Civic Standards

1.   Agricultural Reserve (AGR) Tier

In the AGR Tier, institutional, public, and civic uses are prohibited west of State Road 7.

C.   Definitions and Supplementary Use Standards for Specific Uses

1.   Animal Shelter
a.   Definition

A non-profit establishment used for the protection of unwanted or abandoned domesticated animals.

b.   Typical Services

Typical services provided by an Animal Shelter may include, but are not limited to: sheltering, adoption, fostering, providing rescue or old age homes, medical or behavioral rehabilitation, or other accessory uses as may be permitted by ACC that are not regulated elsewhere by this Code.

c.   Approval Process – ACC Permit

All Animal Shelters shall be licensed and regulated in accordance with ACC Ordinance No. 98-22, as amended. The owner or operator shall obtain Zoning approval prior to application for an ACC Operational Permit.

d.   Access

Access from either Local Residential or Residential Access Streets shall be prohibited. [Ord. 2021-006]

e.   Landscaping

Any outdoor animal use area located within 300 feet of a residential use or property with a residential FLU designation, shall upgrade the Incompatibility Buffer with either of the following:

(1)  A six-foot-high fence, and double the required buffer width and planting requirements; or

(2)  A six-foot-high CBS or concrete panel wall.

f.    Waste Disposal

An Animal Shelter shall meet the PBCHD ECR I and ECR II standards and shall be subject to all applicable rules and regulations of the FDEP, PBCHD, and SWA.

g.   Accessory Residential Use

A Single Family dwelling unit may be permitted as an accessory use to an Animal Shelter provided the property has an underlying residential FLU designation.

2.   Assembly Institutional Nonprofit
a.   Definition

An establishment open to the public, owned or operated by a non-profit organization for social, educational, or recreational purposes.

b.   Typical Uses

An Assembly Institutional Nonprofit use may include, but is not limited to: museums, cultural centers, recreational facilities, botanical gardens, and community services such as after school care or tutorial services, medical services, and employment services.

c.   Zoning District – TND District

Assembly Institutional Nonprofit shall be limited to a maximum of 10,000 square feet of GFA.

d.   Frontage and Access

The use shall have frontage on and access from a Collector, Arterial, or Local Commercial Street, unless stated otherwise herein. An Assembly Institutional Nonprofit with collocated uses, or more than 15,000 square feet of GFA or 350 seats, including accessory uses, shall have frontage on and access from a Collector or Arterial Street.

e.   Revitalization, Redevelopment, and Infill Overlay (RRIO)

An Assembly Institutional Nonprofit use owned or operated by a neighborhood group, working with the Office of Community Revitalization (OCR) within a Countywide Community Revitalization Team (CCRT) designated area, may be allowed subject to the following:

1)   DRO approval in the zoning districts where the use is subject to a Class A Conditional Use;

2)   Located on a Local Residential Street provided the building square footage is limited to a maximum of 5,000 square feet. An Assembly Institutional Nonprofit greater than 5,000 square feet, including accessory uses, shall be located on a Local Commercial, Arterial, or Collector Street.

3)   No outdoor activities after 10:00 p.m.; and,

4)   The following accessory uses shall be Permitted by Right: Limited Day Care, Day Camp, and, Government Services limited to community police substation.

3.   Assembly Membership Nonprofit
a.   Definition

An establishment owned or operated by a non-profit organization for social, education, or recreational purposes where paid membership is required.

b.   Typical Uses

An Assembly Membership Nonprofit use may include but is not limited to: fraternal or cultural organizations, and union halls.

c.   Zoning Districts

1)   AR/RSA District

May be allowed in the AR/RSA with an SA FLU, subject to a Class A Conditional Use approval.

2)   TND District

Nonprofit Membership Assembly shall be limited to a maximum of 10,000 square feet of GFA.

d.   Frontage and Access

The use shall have frontage on and access from a Collector, Arterial, or Local Commercial Street. An Assembly Membership Nonprofit with collocated uses, or more than 15,000 square feet of GFA or 350 seats, including accessory uses, shall have frontage on and access from a Collector or Arterial Street.

4.   Cemetery
a.   Definition

Land used or intended to be used for human interment.

b.   Zoning District – MUPD

An MUPD developed to include a Cemetery shall be limited to have Place of Worship or other Cemeteries as collocated uses.

c.   Location

Where permitted in a residential zoning district, a Cemetery shall have the front or side street property line adjacent to an Arterial or a Collector Street. Access from either Local Residential or Residential Access Streets shall be prohibited. [Ord. 2021-006]

d.   Lot Size

1)   A Cemetery shall be located on a site with a minimum contiguous area of 30 acres. Exceptions to the minimum acreage requirement may be permitted, as follows:

a)   Cemeteries owned and operated by a Place of Worship located within Palm Beach County, whether collocated or remotely located, on sites less than five acres, and equal to or greater than two acres, which provides only single-level ground burial.

b)   County and municipal Cemeteries.

c)   Community and non-profit association Cemeteries, which provide only single-level ground burial and do not sell burial spaces or burial merchandise.

d)   Cemeteries owned and operated or dedicated by a Place of Worship prior to June 23, 1976.

e)   A columbarium consisting of less than one-half acre which is collocated with a Place of Worship.

f)    A mausoleum consisting of two acres or less which is collocated with a Place of Worship.

g)   A columbarium consisting of five acres or less which is located on the main campus of a State university as defined in F.S. § 1000.21(6).

2)   An existing Cemetery having less acreage shall not be considered a non-conforming use if the acreage shown is consistent with a prior approval.

e.   Pet Cemetery

1)   May be allowed only in the IPF Zoning District subject to Class A Conditional Use approval.

2)   May be allowed as an accessory use to a Cemetery, provided the area dedicated for Pet Cemetery is in addition to the minimum lot size required for the Cemetery.

5.   College or University
a.   Definition

An institution of higher learning offering undergraduate or graduate degrees.

b.   Approval Process

A College or University may be approved by the DRO, subject to the following:

1)   The property is separated from parcels of land with a residential FLU designation or use by a minimum of 150 feet;

2)   A maximum of 30,000 square feet of GFA; and,

3)   Where permitted in a residential zoning district, a College or University shall have the front or side street property line adjacent to an Arterial, Collector, or Local Commercial Street. Access from either Local Residential or Residential Access Streets shall be prohibited. [Ord. 2021-006]

c.   Accessory Use – Dormitories

Dormitories may be allowed as an accessory use. If owned or operated by the College or University shall be calculated as FAR.

d.   Airport Land Use Compatibility Zoning

The establishment of a new College or University shall be prohibited in accordance with Art. 16.C.1.E.2, Prohibited Land Uses. [Ord. 2019-005]

6.   Crematory
a.   Definition

A facility that employs various methods of processing human or animal remains, consistent with F.S. § 497.005, as periodically amended. [Ord. 2018-018]

b.   Equipment Location

Crematory equipment shall be located within a fully enclosed building.

c.   Services Prohibited

Services such as public observances, sermons, or other similar activities shall be prohibited, unless collocated with an approved Funeral Home.

d.   Collocated Use

In the RM Zoning District, a Crematory may be collocated with a Cemetery subject to Class A Conditional Use approval, provided the use is restricted to those being buried within that Cemetery.

7.   Day Care
a.   Definition

An establishment that provides care, protection, and supervision for children when licensed by the Palm Beach County Health Department, or for adults when licensed by the Agency for Health Care Administration (AHCA).

b.   Types

1)   Day Care, Limited

A Day Care for six to 20 children, or three to 20 adults, for a period of less than 13 hours per day on a regular basis.

a)   Collocated Use – AGR Zoning District

A Limited Day Care may be allowed as a collocated use to a Nonprofit Assembly Institutional subject to DRO approval.

b)   Use Limitations

Limited Day Care use does not include nighttime or overnight care.

2)   Day Care, General

A Day Care for 21 or more children or adults for a period of less than 24 hours per day on a regular basis.

3)   Large Family Child Care Home (LFCCH)

An occupied Single Family residence in which custodial care is regularly provided for up to 12 children, and for which the owner or operator receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit, and has at least two full-time child care personnel on the premises during the hours of operation. One of the full-time child care personnel must be the owner or occupant of the residence. The use shall be subject to the following:

a)   Applicability

The Applicant or owner shall provide documentation that the establishment has operated as a licensed Family Day Care Home for at least two years and meet other licenses and regulations established by the PBC Health Department including the maximum number of children permitted.

b)   Approval Process

The use shall be Permitted by Right when located on lots 20,000 square feet or greater.

c)   Site Requirements

In addition to the property development regulations applicable to Single Family residential, the following shall apply:

(1)  Outdoor Activity Area

All outdoor activity area provisions applicable to a Day Care shall apply.

(2)  Drop-Off

Shall comply with all drop-off access standards applicable to Day Care.

(3)  Parking

Shall provide at least four parking spaces including those required for a Single Family residential unit. Parking dimensions shall comply with Art. 6, Parking, Loading, and Circulation.

(4)  Site Egress

Shall not allow backward egress from a driveway or parking area into a street.

(5)  Signage

Shall not be permitted.

4)   Family Day Care Home

See Supplementary Use Standards under Residential Use Classification, Accessory Residential Use Standards.

c.   Lot Size

A minimum of 6,000 square feet, or the minimum required by the zoning district in which the Limited or General Day Care is located, whichever is greater.

d.   Airport Land Use Compatibility Zoning

The establishment of new Limited or General Day Care facilities shall be prohibited in accordance with Art. 16.C.1.E.2, Prohibited Land Uses. [Ord. 2017-025]

e.   Floor Area

1)   Child Care

a)   For a Day Care with 40 children or less, the minimum floor area, exclusive of any area devoted to a kitchen, office, storage, and toilet facilities, shall be 1,500 square feet. [Ord. 2020-020]

b)   An additional 35 square feet of floor area or the amount required by the PBCHD shall be provided for each child over 40 children.

2)   Adult Care

For an Adult Day Care, the total amount of net floor space available for all participants shall be in accordance with Rule 58A-6.013, F.A.C., as may be amended, and as determined by the AHCA.

f.    Outdoor Activity Area for Child Care

1)   General

An outdoor activity area shall be provided on the same lot as the Day Care. The area shall not be located in the required front setback or adjacent to any outdoor storage area of any existing use.

2)   Square Footage

Shall be in compliance with the Palm Beach County Rules and Regulations Governing Child Care Facilities contained in Appendix D, Chapter 1, Article X, Section B of the PBC Code, as may be amended.

3)   Location of Outdoor Play Equipment

Stationary outdoor play equipment permanently anchored to the ground shall be set back a minimum of 25 feet from any residentially zoned or used property line, and ten feet from any other property line. Outdoor play equipment shall not be located in any required landscape area or easement.

4)   Shade Trees

A minimum of one 12-foot-tall native Canopy tree shall be provided or preserved within the interior of the outdoor activity area per 1,500 square feet of area provided.

5)   Fence/Wall

A minimum four-foot-high fence or wall shall surround the outdoor activity area.

g.   Drop-Off Access

1)   Drop-Off

One designated drop-off space shall be provided for every 20 children or adults. Drop-off spaces shall be a minimum of 12 feet in width.

2)   Sidewalk Access

A minimum four-foot-wide sidewalk running in front of, or adjacent to the drop-off spaces and connecting to the Day Care entrance shall be provided.

8.   Funeral Home
a.   Definition

An establishment which arranges and manages funerals and prepares human or animal remains for interment.

b.   Zoning Districts – IL, IG, or MUPD with IND FLU

A Funeral Home shall be limited to preparation for interment. No public observances, sermons, or funerals shall be permitted.

c.   Collocated Use

In the RM Zoning District, a Funeral Home may be collocated with a Cemetery subject to Class A Conditional Use approval, provided the use is restricted to those being buried within that Cemetery.

9.   Government Services
a.   Definition

Buildings or facilities owned or operated by a government entity and providing services for the public, excluding utility and recreational services, and Prisons, Jails, or Correctional Facilities.

b.   Typical Uses

A Government Service use may include but is not limited to: administrative offices for government agencies, public libraries, and police and fire stations.

c.   ACC Animal Control Facilities

An ACC-operated Animal Control Facility shall be considered a Government Services use in the PO and IPF Zoning Districts.

10. Homeless Resource Center
a.   Definition

A public or private establishment that provides multiple services for the homeless population.

b.   Typical Services

Typical services provided by a Homeless Resource Center may include but are not limited to: counseling, kitchen and dining facilities, medical and dental outpatient facilities, temporary housing, intake, social services, employment services, and administrative offices.

c.   Approval Process

A Homeless Resource Center owned or operated by a governmental entity may be allowed where Government Services uses are allowed by Table 4.B.4.A, Institutional, Public, and Civic Use Matrix, subject to Class A Conditional Use Approval; or may be Permitted by Right where Government Services uses are allowed in non-residential districts, provided that prior to development, or any modification to a previously approved development, program, or operation, an eligible government entity complies with the following:

1)   Schedule and make a presentation to the BCC at a duly noticed Public Meeting(s);

2)   Prepare a report documenting compliance with Palm Beach County Facilities, Development and Operations, FDO PPM #FDO-S-004, Public Outreach and Community Involvement for Homeless Resource Centers; [Ord. 2019-005]

3)   Provide notice of intent to the Zoning Director a minimum of 30 days prior to requesting placement on a BCC Public Meeting agenda, to include the aforementioned report;

4)   The BCC shall make a finding that the governmental entity has complied with FDO PPM #FDO-S-004, which may include Conditions of Approval; and, [Ord. 2019-005]

5)   A BCC finding of compliance, or compliance subject to conditions, may remain valid for three years, or as otherwise provided by Condition of Approval.

d.   Location and Separation Requirements

For the purpose of required separations, measurements shall be made from façade to façade, except where the separation required is between a structure and a zoning district boundary.

1)   A minimum 250-foot separation shall be required from the property line of residentially zoned parcels. Type 2 Variance relief, in accordance with Art. 2.B, Public Hearing Processes, may be requested if this standard cannot be met.

2)   A Homeless Resource Center shall not be located within a 1,200-foot radius of another Homeless Resource Center.

3)   Facilities owned or operated by a governmental entity and located in the PO Zoning District may request a PO Deviation from location and separation requirements, subject to BCC approval, utilizing the standards in Art. 2.B.7.G, Public Ownership (PO) Deviations. [Ord. 2019-005]

e.   Facility Use

A minimum of 25 percent of the GFA shall be reserved for accessory service delivery other than temporary housing.

f.    Non-Conformities

The subsequent approval of a Development Order for a residential zoning district shall not change the status of the HRC to a non-conforming use.

g.   Existing Approvals

A prior approval for a government-owned or operated Homeless Resource Center shall be considered a legal conforming use for sites approved between October 28, 2009 (Ordinance No. 2009-040), and March 2, 2017.

11. Hospital
a.   Definition

An establishment that maintains and operates organized facilities for medical or surgical diagnosis, overnight and outpatient care, and treatment of human illness.

b.   Licensing

A Hospital shall be required to be licensed by the State of Florida.

c.   Lot Size

A minimum of five acres or the minimum required in the zoning district, whichever is greater.

d.   Frontage

A minimum of 200 feet of frontage or the minimum required in the zoning district, whichever is greater.

e.   Incinerator

Biohazardous waste incinerators with an allowable operating capacity equal to or less than 1,000 pounds per hour and biohazardous waste autoclaves are allowed as an accessory use, subject to the following standard:

1)   Setbacks

A minimum of 500 feet from any property line abutting a residential zoning district or use. Expansion of existing facilities may be allowed with lesser setbacks, provided the expansion is approved by the DRO.

12. Place of Worship
a.   Definition

An establishment which may include a retreat, convent, or other similar use, owned or operated by a tax-exempt religious group that is used periodically, primarily, or exclusively for religious worship, activities, or related services.

b.   Existing Approvals

Applicants may seek abandonment of the existing Place of Worship approval and apply for DRO approval at any time. Prior approvals may be continued to be utilized or modified subject to the limitations in Art. 2.C.5.C, Administrative Modifications to Prior DOs. A DO exceeding the above thresholds shall be subject to a Development Order Abandonment (ABN) and a concurrent request for a DRO approval.

c.   Location

A Place of Worship shall be prohibited unless in compliance with one of the following:

1)   A Place of Worship greater than or equal to 15,000 square feet, including accessory uses, shall have frontage on and access from an Arterial or Collector Street.

2)   A Place of Worship greater than or equal to 5,000 square feet and less than 15,000 square feet, including accessory uses, shall have frontage on and access from an Arterial, Collector, or Local Commercial Street.

3)   A Place of Worship less than 5,000 square feet, including accessory uses, may have frontage on and access from a Local Residential Street.

d.   Development Thresholds

A Place of Worship shall be exempt from the requirements under Development Thresholds in this Article or any thresholds in this Code that require the use to be subject to a Conditional Use approval. [Ord. 2019-005]

e.   Limited Temporary Sales

Temporary sales, such as rummage, or bake sales, shall be Permitted by Right as an accessory use to a Place of Worship for a period of up to three consecutive days, limited to four times a year.

13. Prison, Jail, or Correctional Facility
a.   Definition

A government-owned or operated facility in which people are legally held as a punishment for crimes they have committed or while awaiting trial.

b.   Approval Exemption

Expansion of existing facilities shall be exempt from the Class A Conditional Use approval.

14. School – Elementary or Secondary
a.   Definition

An institution of learning, whether public, private, or charter, which conduct regular classes and courses of study required for accreditation as an elementary or secondary school approved by the Department of Education.

b.   General

1)   Setbacks

All Schools shall comply with the zoning district setbacks unless stated otherwise herein. No setback shall be less than 25 feet regardless of the zoning district.

2)   South Florida Water Management District (SFWMD)

Boardwalks and education learning stations may be constructed within wetland areas subject to approval by the SFWMD.

a)   Preservation

Prior to commencement of construction, lot clearing, or any other site development/preparation, all applicable permits shall be obtained in conformance with Art. 9, Archaeological and Historic Preservation.

b)   Wetlands Permits

On-site wetlands required by the SFWMD shall be preserved. Boardwalks and education learning stations may be constructed within wetland areas subject to approval by the SFWMD.

c)   Construction Documents

Prior to Site Plan approval by the DRO review, construction documents for wetland restoration, landscaping, and vegetation restoration shall be reviewed and approved by ERM.

3)   Airport Land Use Compatibility Zoning

The establishment of a new School shall be prohibited in accordance with Art. 16.C.1.E.2, Prohibited Land Uses. [Ord. 2019-005]

c.   Private Schools

The following standards shall apply to all Private Schools:

1)   Pedestrian Access/Bike Path

Pedestrian access, bike paths, and crosswalks showing access to the School site from surrounding neighborhoods shall be shown on the Site Plan.

2)   Vehicular Circulation

Designated bus and parental drop-off/pick-up areas, shall be provided. Pathways, which cross vehicular use areas, shall be defined by special paving, brick, striping, or other methods acceptable to the DRO.

3)   Approval Process

This use shall be subject to the applicable approval process pursuant to the Use Matrices of Art. 3, Overlays and Zoning Districts and this Article.

d.   Charter Schools

Charter Schools are considered public schools pursuant to F.S. § 1002.33 and shall be subject to the standards and procedures applicable to Public Schools. If constructed by the PBC School Board or otherwise considered a public school facility pursuant to F.S. ch. 1013, the use shall be treated as Public Schools for the purposes of this Code. Charter Schools with 200 or fewer students in a commercial, industrial, or non-residential Planned Development District shall be subject to DRO approval.

e.   Public Schools

1)   Applicability

Public Schools are subject to site requirements contained in Florida Building Code, Building Section 423 per F.S. § 1013.37. Public Schools are not subject to the approval process contained in the Use Matrices of this Code unless specified herein. Other types of School Board developments, such as administrative offices, warehouse buildings, etc., shall comply with the regulations of the applicable zoning district.

2)   Previous Approvals and Future Amendments

Public Schools approved prior to June 16, 1992 shall be considered conforming uses.

3)   Review by Zoning

a)   School Site Acquisition

Comply with the procedures established by the Intergovernmental Agreement R-93-1600D adopted on December 7, 1993, as amended from time to time.

b)   Development Review Officer (DRO) Administrative Review

Application shall comply with the DRO Administrative review process as stated in Art. 2.C, Administrative Processes.

4)   Accessory Uses

The following uses, subject to special regulations, shall be allowed as customarily incidental and subordinate to a Public School:

a)   Accessory Radio Towers

(1)  Height

Towers shall have a maximum height of 100 feet or less measured from the finished grade at the base of the tower. Towers over 100 feet in height and Commercial Communication Towers shall comply with Art. 4.B.9, Commercial Communication Towers.

(2)  Setbacks

(a)  Towers shall meet a minimum setback equal to 50 percent of the height of the tower from all property lines.

(b)  Commercial Communication Towers shall comply with the requirements pursuant to Art. 4.B.9, Commercial Communication Towers. ITV antennas shall not be subject to these requirements.

(3)  Anchors

All tower supports and peripheral anchors shall be located entirely within the boundaries of the School site and in no case less than 20 feet from a property line.

(4)  Fencing

Security fencing or a security wall shall be installed around the base of each tower, each anchor base, and each tower accessory building to limit access.

(5)  Sign-Off

The School Board shall provide a written sign-off from the County Department of Airports stating the tower will not encroach into any public or private airport approach space as established by the Federal Aviation Administration.

(6)  Removal

Obsolete or abandoned towers shall be removed within 12 months of cessation of use.

5)   Setbacks

Setbacks for Public Schools shall be a minimum of 25 feet.

6)   Supplemental Design Standards

a)   All fences height shall be in compliance with Art. 5, Supplementary Standards and Art. 7, Landscaping.

b)   Landscape shall comply with F.S. § 1013.64(5)(a).

c)   R-O-W Dedication

Within six months of a request by the County Engineer, the School Board shall convey to the BCC all portions of the site necessary to achieve the ultimate R-O-W, as required by Art. 11, Subdivision, Platting, and Required Improvements, or as warranted by the School District’s Traffic Study, as well as additional right-of-way for turn lanes and corner clips, as determined by the County Engineer and warranted by the School District’s Traffic Study for any affected road. The conveyance shall include documentation acceptable to the County Engineer that the land is free of all encumbrances and encroachments and shall be in the form of a warranty deed acceptable to the County Attorney. Time extension for R-O-W dedication may be granted if approved by the County Engineer and the School District.

d)   Road Improvements

Prior to School occupancy, the School Board shall fund and construct all road improvements directly associated with the School such as paving and drainage, turn lanes, traffic circulation, sidewalks, and driveway connections as determined by the County Engineer and warranted by the School District’s Traffic Study.

15. Skilled Nursing or Residential Treatment Facility
a.   Definition

An establishment where care is offered or provided for three or more persons suffering from illness, other than a contagious disease, sociopathic or psychopathic behavior which is not of sufficient severity to require Hospital attention, or for three or more persons requiring further institutional care after being discharged from a Hospital, other than a mental hospital. In addition to nursing care, patients may require medical or psychiatric treatment for a disability, disease, or other condition, in an institutional or medical setting. [Ord. 2021-022]

b.   Licensing

Shall be required to be licensed by the State of Florida. [Ord. 2021-022]

c.   Typical Uses

Typical uses may include, but are not limited to: [Ord. 2021-022]

1)   Addiction receiving facility; [Ord. 2021-022]

2)   Detoxification Treatment Facility; [Ord. 2021-022]

3)   Residential Treatment Facility (F.S. ch. 394 and 397) and includes inpatient treatment; [Ord. 2021-022]

4)   Nursing Home; [Ord. 2021-022]

5)   Convalescent Facility; or, [Ord. 2021-022]

6)   Hospice larger than a Single Family Dwelling unit. [Ord. 2021-022]

d.   Lot Size

A minimum of 10,000 square feet or the minimum requirement of the zoning district, whichever is greater.

e.   Frontage

A minimum of 100 feet of frontage or the minimum requirement of the zoning district.

f.    Access

If located in a residential FLU designation, access shall be provided from a Collector or Arterial Street.

g.   Maximum Number of Patient Beds

One bed per 1,000 square feet of lot area. [Ord. 2021-022]


(This page intentionally left blank)


Section 5         Industrial Uses

A.   Industrial Use Matrix

 

Table 4.B.5.A – Industrial Use Matrix

 

 

Standard Zoning Districts

Use Type

Planned Development Districts (PDDs)

Traditional Development Districts (TDDs)

 

AG/CON

Residential

Commercial

C

M

R

IND

INST

PUD

MUPD

PIPD

M

R

TND

TMD

 

Pods

FLU

Pods

H

V

Tier

 

P

A

A

AR

R

R

R

R

C

C

C

C

C

C

URAO

IRO

I

I

I

P

I

R

C

R

C

A

C

C

C

C

C

I

E

C

I

I

C

I

P

P

U/S

Exurban/

Rural

U

E

AGR

 

C

G

P

R

U

E

T

S

M

N

L

C

H

G

R

U

U

U

U

U

FLU

L

L

G

O

P

E

O

E

I

G

L

H

L

H

R

N

D

M

N

N

O

N

D

D

S

X

 

 

R

 

S

S

 

 

 

 

 

O

 

O

 

E

C

C

C

I

I

C

C

C

C

 

 

 

 

F

S

M

C

V

R

 

 

O

O

 

D

C

R

S

D

M

D

 

 

R

N

O

R

N

O

 

R

D

P

 

 

 

 

A

A

 

 

 

 

 

 

 

 

 

 

1

2

3

1

2

L

L

H

H

 

 

 

 

 

 

 

 

 

/

 

 

 

 

 

 

 

 

T

/

 

/

 

 

E

C

S

E

C

S

 

U

E

R

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

O

 

O

 

 

 

 

 

 

 

 

 

P

 

 

 

 

 

 

 

 

 

L

 

G

 

 

S

 

R

S

 

R

 

R

V

E

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

E

 

 

E

 

A

 

S

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Supplementary Use

Standards #

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C

 

 

C

 

L

 

 

 

Light Industrial Uses (2)

 

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

D

D

P

-

-

Contractor Storage Yard

1

-

-

-

-

-

-

-

-

-

-

P

D

D

-

P

-

P

-

-

-

-

-

-

-

-

-

-

-

-

 

-

-

-

-

-

-

-

-

-

-

A

A

P

P

-

D

D

-

D

-

-

-

D

D

D

P

P

-

-

Data and Information Processing

2

-

-

-

-

-

A

P

A

P

-

P

P

D

-

P

P

P

-

-

-

-

-

-

-

-

-

-

-

-

 

-

-

-

-

-

-

-

-

-

-

-

-

-

D

-

-

-

-

-

-

-

-

D

-

D

P

P

-

-

Manufacturing and Processing

8

-

-

-

-

-

-

D

-

-

-

P

P

D

-

P

D

P

-

-

-

-

-

-

-

-

-

-

-

-

 

-

-

-

-

-

-

-

-

-

-

A

A

P

P

-

D (3)

D (3)

D (3)

D (3)

D (3)

-

-

D

D

D

P

P

-

-

Medical or Dental Laboratory

9

-

P

-

-

-

P

P

P

P

-

P

P

D

-

P

P

P

-

-

-

-

-

-

-

-

P

P

P

-

 

-

-

-

-

-

-

-

-

-

-

A

A

D

D

D

D

D

D

D

D

-

-

D

D

D

P

P

P

A

Multi-Media Production

10

-

-

-

-

-

A

P

A

P

D

P

P

D

-

P

P

P

-

-

-

-

-

-

-

-

-

-

-

-

 

-

-

-

-

-

-

-

-

-

-

-

A

-

A

-

-

-

-

-

-

-

-

-

-

A

A

P

P

-

Recycling Center

11

-

-

-

-

-

-

A

-

-

-

A

D

A

-

A

A

P

-

-

-

-

-

-

-

-

-

-

-

-

 

-

-

-

-

-

-

-

-

-

-

A

D

D

D

-

D

D

A

D

A

A

A

D

D

D

P

P

-

-

Research and Development

13

-

-

-

-

-

A

D

A

D

-

P

P

D

-

P

A

P

-

-

-

-

-

-

-

-

-

-

-

-

 

-

-

-

-

-

-

-

-

-

-

-

-

-

D

-

-

-

-

-

-

-

-

D

-

D

P

P

-

-

Warehouse

17

-

-

-

-

-

-

D

-

-

-

P

P

D

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

-

-

-

-

-

-

-

-

-

-

-

-

-

D

-

-

-

-

-

-

-

-

D

-

D

P

P

-

-

Wholesaling

18

-

-

-

-

-

-

D

-

-

-

P

P

D

-

P

D

P

-

-

-

-

-

-

-

-

-

-

-

-

 

Heavy Industrial Uses (2)

 

-

-

-

-

-

-

-

-

-

-

-

-

-

D

-

-

-

-

-

-

-

-

D

-

-

D

D

P

-

Distribution Facility

3

-

-

-

-

-

-

D

-

-

-

P

P

-

-

P

D

P

-

-

-

-

-

-

-

-

-

-

-

-

 

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

A

A

A

-

Equestrian Waste Management Facility

4

-

-

-

-

-

-

-

-

-

-

A

-

-

-

A

-

A

-

-

-

-

-

-

-

-

-

-

-

-

 

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

A

D

D

-

Gas and Fuel, Wholesale

5

-

-

-

-

-

-

-

-

-

-

A

-

-

-

A

-

D

-

-

-

-

-

-

-

-

-

-

-

-

 

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

A

D

-

-

Heavy Industry

6

-

-

-

-

-

-

-

-

-

-

A

-

-

-

A

-

D

-

-

-

-

-

-

-

-

-

-

-

-

 

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

P

P

-

-

Machine or Welding Shop

7

-

-

-

-

-

-

-

-

-

-

P

-

-

-

P

-

P

-

-

-

-

-

-

-

-

-

-

-

-

 

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

A

D

P

-

Recycling Plant

12

-

-

-

-

-

-

-

-

-

-

A

-

-

-

A

-

D

-

-

-

-

-

-

-

-

-

-

-

-

 

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

A

-

-

Salvage and Junk Yard

14

-

-

-

-

-

-

-

-

-

-

A

-

-

-

-

-

A

-

-

-

-

-

-

-

-

-

-

-

-

 

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

P

P

-

-

Towing Service and Storage

15

-

-

-

-

-

-

-

-

-

-

P

 

-

-

P

-

P

-

-

-

-

-

-

-

-

-

-

-

-

 

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

A

A

-

-

Truck Stop

16

-

-

-

-

-

-

-

-

-

-

A

-

-

-

A

-

A

-

-

-

-

-

-

-

-

-

-

-

-

 

[Ord. 2017-007] [Ord. 2017-025] [Ord. 2018-002] [Ord. 2020-001] [Ord. 2021-023] [Ord. 2023-011]

 

Use Approval Process Key:

P

Permitted by Right

D

Subject to DRO approval

A

Subject to BCC approval (Class A Conditional Use)

B

Subject to Zoning Commission approval (Class B Conditional Use)

-

Prohibited use, unless stated otherwise within Supplementary Use Standards

(1)

Supplementary Use Standards for each use must be reviewed regardless of the approval process set forth in the Use Matrix. Refer to the numbers in the Supplementary Use Standards column.

(2)

Uses may require a higher level of approval pursuant to Table 4.A.9.A, Thresholds for Projects Requiring DRO Approval, and Table 4.A.9.B, Thresholds for Projects Requiring Board of County Commissioners Approval, unless otherwise specified within the Supplementary Use Standards of the specific use. [Ord. 2021-023]

(3)

The change in use for a previously approved non-residential structure shall be Permitted by Right, if in compliance with Art. 3.B.16.E.1, Right to Continue or Change Uses.

 


(This page intentionally left blank)


B.   General Industrial Standards

Reserved for future use.

C.   Definitions and Supplementary Use Standards for Specific Uses

1.   Contractor Storage Yard
a.   Definition

The storage of construction material, mechanical equipment used in construction activity, or commercial vehicles used by building trades and services, other than construction sites.

b.   Overlay – WCRAO

1)   Approval Process

The use shall be limited to the UG and UI Sub-areas of the WCRAO subject to Class A Conditional Use approval.

2)   Accessory Office

The use shall include a structure required to comply with the provisions of Table 3.B.14.F, WCRAO Non-Residential and Mixed-Use Sub-area PDRs.

3)   Non-Conformities

Uses approved prior to March 2, 2017 shall be considered legal conforming uses.

c.   Home Occupation – AR/RSA

A limited Contractor Storage Yard may be allowed as a Home Occupation subject to the requirements of Art. 4.B.1.E.10, Home Occupation. [Ord. 2018-002] [Ord. 2018-018]

1)   Exception – AR/RSA Zoning District

A limited Contractor Storage Yard on a lot five acres or more, may be allowed as follows: [Ord. 2018-018]

a)   Subject to a DRO approval through the ZAR process prior to issuance of a Business Tax Receipt. [Ord. 2018-018]

b)   A maximum of three persons living outside of the home may be employed under the DRO approval. [Ord. 2018-018]

c)   Hours of Operation

The loading or unloading, or movement of any stored vehicles, equipment, or other similar activities, or additional employees shall be prohibited between the hours of 8:00 p.m. and 6:00 a.m.

d)   Provided parking spaces for every employee vehicle is added to the site.

e)   Outdoor Storage

(1)  Semi-truck, trailer, or outside storage of equipment shall be screened from view from any R-O-W or parcel of land with a residential FLU designation or use, through use of opaque fences, walls, or existing or newly planted native vegetation; [Ord. 2018-018]

(2)  No additional vegetation shall be required where equipment is screened from view behind permitted opaque fences or other structures; [Ord. 2018-018]

(3)  Outdoor storage shall be prohibited within the front yard, and shall be set back a minimum of 25 feet; and, [Ord. 2018-018]

f)    A maximum of three vehicles or equipment shall be permitted, unless the acreage requirement is met. [Ord. 2018-018]

g)   All vehicle parking or storage areas shall utilize improved surfaces such as asphalt, pavement, or shell rock. [Ord. 2018-018]

h)   Ownership

Permitted vehicles or equipment shall be owned or leased by the Home Occupation license holder, except for semi-trucks operated by the license holder, that are stored not more than two days per week at the home. [Ord. 2018-018]

i)    Trucks and Equipment

The following vehicles or equipment owned by the business owner, may be allowed for each additional ten acres, and in accordance with the outdoor storage provisions above: [Ord. 2018-018]

(1)  One semi-truck with or without trailer; or one dump truck; and [Ord. 2018-018]

(2)  One trailer; and

(3)  One item of heavy equipment, such as a bobcat or loader, but excluding large equipment such as cranes.

2)   Home Occupation having Contractor Storage Yard shall be exempt from the Incompatibility Buffer requirements. [Ord. 2018-018]

2.   Data and Information Processing
a.   Definition

An establishment for business offices of an industrial nature, including corporate centers, associated with uses such as: Manufacturing and Processing plants or similar industrial complexes; mass/bulk mail processing; and, telemarketing centers. The use is often integrated into a campus-style development, and not frequented by the general public. This term does not include such uses as: Business or Professional Offices; computer-related Retail Sales establishments; and, Personal Services and Medical or Dental Offices.

3.   Distribution Facility
a.   Definition

An establishment for the loading, unloading, and interchange of freight or package express between modes of transportation.

b.   Typical Uses

Typical uses include truck terminals, railroad depots and yards (including temporary storage), and major mail processing centers.

c.   Zoning Districts with a CH FLU Designation

A facility located in these zoning districts: CG, IRO, MUPD, or Commercial Pod of a PIPD shall comply with the following additional requirements: [Ord. 2020-001] [Ord. 2021-023]

1)   Outdoor Storage and activities shall be prohibited. [Ord. 2020-001]

2)   When this use is proposed to replace a previously approved use, the Net Trips and Net Peak Hour Trips must be equal to or less than the approved use. [Ord. 2020-001]

4.   Equestrian Waste Management Facility
a.   Definition

An establishment used for the recovery, recycling, or transfer of equestrian waste, provided used bedding is limited to organic materials, such as wood shavings, chips or sawdust, straw or hay, peat moss, or paper limited to newspapers, but excluding plastics, textiles, or sand. Recovery may include collection, separation or sorting, or limited processing necessary to reduce volume, render materials safe for transport, storage or disposal, or the cleaning and packaging of materials for reuse. The facility may include manufacturing of products utilizing the equestrian waste including, but not limited to, bedding, fertilizer, pellets, and logs. Transfer may include the transfer of equestrian manure or bedding from smaller vehicles used for collection to larger vehicles for shipment to another destination.

b.   Glades and AGR Tiers

Equestrian Waste Management Facility shall be prohibited in the Glades Tier and the AGR Tier. [Ord. 2018-018]

c.   Location

Shall have the front or side street property line adjacent to an Arterial or Collector Street. Access from either Local Residential or Residential Access Streets shall be prohibited. [Ord. 2021-006]

d.   Separation Distance

An Equestrian Waste Management Facility shall be separated a minimum of 1,000 feet from a food processing or packing plant. In addition to Art. 2.B.7.B.2, Standards, the BCC shall consider whether the proposed 1,000-foot separation is adequate for this use at this location as part of the findings for the final decision of the request. [Ord. 2018-018]

e.   Collocated Use

Equestrian Waste Management Facility may be collocated with a Potting Soil Manufacturing, Composting Facility, or Chipping and Mulching subject to a Class A Conditional Use approval, only when located in a parcel with an industrial zoning district or FLU designation. [Ord. 2018-018]

f.    Landscaping Adjacent to Residential

Any Equestrian Waste Management Facility located within 250 feet of a parcel with a residential use or FLU designation, shall provide a Type 3 Incompatibility Buffer. This buffer shall be a minimum of 30 feet in width, and shall consist of a two-foot-high berm, and double the number of required trees, planted in two staggered rows. Where outdoor activities are permitted within this distance but an Incompatibility Buffer is not required, the buffer shall also be upgraded to include a minimum six-foot hedge, fence, or wall. Measurement shall be taken from property line of the facility to the property line of the adjacent parcel of land. [Ord. 2018-018]

g.   Storage or Waste Processing Areas

1)   Best Management Practices

All storage areas, including the temporary or overnight parking of loaded trucks or trailers, and any outdoor waste processing areas, shall comply with Art. 5.J.3.A, Storage, related to Storage or Spreading of Livestock Waste.

2)   U/S Tier

Outdoor storage shall be prohibited in the U/S Tier.

3)   Outdoor Storage

Where permitted, the pile height of equestrian waste shall not exceed 12 feet, and bollards shall be provided to delineate pile locations and height, tied to a finished grade location designated on site.

h.   Application Requirements – Operation Functions

An application for an Equestrian Waste Management Facility shall include a Justification Statement and supporting documentation demonstrating acceptable industry design, configuration, and operational standards, including but not limited to:

1)   Site Plan

The Site Plan shall illustrate how the operation functions including circulation routes; and the location and size of loading and processing areas, and storage piles.

2)   Waste Volume

An explanation of the quantity of waste to be received, expressed in cubic yards per day or tons per day.

3)   Dust Control Program

A program to address how dust generated from traffic, storage, and processing areas will be managed pursuant to Art. 5.E.4.D.3, Dust and Particulate.

4)   Odor and Pest Control Program

A program to address how odors and pests resulting from any vehicles transporting waste, or storage and processing areas will be managed pursuant to Art. 5.E.4.D.4, Objectionable Odors.

5.   Gas and Fuel, Wholesale
a.   Definition

An establishment engaged in the storage of flammable or explosive gases or fuel for wholesale distribution. [Ord. 2018-002]

b.   Typical Uses

Wholesale Gas and Fuel may include but is not limited to the bulk storage, distribution, and wholesaling of motor vehicle fuels, propane, natural gas, welding gases, or other similar materials. [Ord. 2018-002]

c.   Approval Process – Exception

Wholesale Gas and Fuel may be Permitted by Right subject to compliance with all of the following: [Ord. 2018-002]

1)   Limited to a maximum of 2,500 gallons or less or 2,000 gallons water capacity. [Ord. 2018-002]

2)   Storage areas shall be located a minimum of 200 feet from any parcel supporting residential uses or vacant parcels with a residential future land use designation. [Ord. 2018-002]

3)   Bulk storage of flammable gases shall be prohibited unless approved by PBC Fire Rescue. [Ord. 2018-002]

4)   The Applicant shall submit a storage management plan for all flammable liquids or gases and any non-flammable gases to include documentation demonstrating compliance with all applicable U.S. Department of Labor, Occupational Safety and Health Hazard (OSHA) standards, the National Fire Protection Association (NFPA) Compressed Gas and Cryongenic Fluids Code, Compressed Gas Association (CGA) Safe Handling of Compressed Gases, and any PBC Fire Rescue standards. [Ord. 2018-002]

d.   Location

This use shall not be located within the PBIAO. [Ord. 2017-025]

e.   Separation Distance

A separation distance shall be established between this use and any adjacent uses. The separation distance shall be that prescribed by the PBC Fire Rescue Department based upon recognized standards and guidelines.

6.   Heavy Industry
a.   Definition

An establishment engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials, or a use engaged in storage of, or manufacturing processes utilizing flammable, hazardous, or explosive materials, or processes which potentially involve hazardous or commonly recognized offensive conditions.

b.   Typical Uses

Typical uses include asphalt or concrete plant; manufacturing and warehousing of chemicals, dry ice, fertilizers, fireworks and explosives, pulp and paper products, and radioactive materials; fat rendering plants; slaughterhouses and tanneries; and, steel works.

c.   FLU Designation – EDC and CMR

Heavy Industry shall be prohibited in the EDC and CMR FLU designations. [Ord. 2023-011]

d.   Fireworks

The retail sale of fireworks from a permanent fireworks storage facility or establishment shall be limited to an accessory use.

7.   Machine or Welding Shop
a.   Definition

A workshop where machines, machine parts, or other metal products are fabricated. Typical uses include machine shops, welding shops, tool and die fabrication, and sheet metal shops.

8.   Manufacturing and Processing
a.   Definition

An establishment engaged in the manufacture of products, including processing, fabrication, assembly, treatment, and packaging of such products. This use also includes incidental storage, sales, and distribution of such products, but excludes heavy industrial processing. [Ord. 2023-011]

b.   Typical Uses

Typical uses include factories, large-scale production, publishing, and food and beverage manufacture and processing. [Ord. 2023-011]

c.   Zoning Districts with a CH FLU Designation

A facility located in these zoning districts: CG, IRO, MUPD, or Commercial Pod of a PIPD shall comply with the following additional requirements: [Ord. 2020-001] [Ord. 2021-023]

1)   Outdoor Storage shall be prohibited. [Ord. 2020-001] [Ord. 2023-011]

d.   Heavy Industry Manufacturing and Processing

A facility engaged in manufacturing and/or processing that causes or results in the dissemination of dust, smoke, fumes, odor, noise, vibration, light, or other potentially objectionable effects beyond the boundaries of the lot on which the use is conducted shall be considered a “Heavy Industry” use. Heavy industrial uses can include those that engage in the processing, manufacturing, or storage of flammable, hazardous, or explosive materials or products, or processes which potentially involve hazardous or commonly recognized offensive conditions. [Ord. 2023-011]

e.   Brewery-Distillery

A Brewery-Distillery is a Manufacturing and Processing use primarily engaged in the manufacturing, purifying, bottling, and distribution of alcoholic beverage products. [Ord. 2023-011]

1)   No drive-up, drive-through, or drive-in facilities shall be allowed. [Ord. 2023-011]

2)   No food or beverage service is allowed on premises on sites with an IND, EDC, or CMR FLU designation unless approved with a Taproom. [Ord. 2023-011]

3)   Taproom

A Brewery-Distillery allows a Taproom (also called Tasting Room) for consumption of beverages by the public on the premises, including indoor and outdoor seating areas and event hosting, subject to the following: [Ord. 2023-011]

a)   Approval Process

A Brewery-Distillery Manufacturing and Processing use with MUPD or PIPD zoning may include a Taproom on up to 30 percent of the gross floor area, including square footage for outdoor dining, for that establishment by Class A Conditional Use approval. [Ord. 2023-011]

b)   Location

The MUPD or PIPD shall front an Arterial Street. In addition, in the Agricultural Reserve Tier, development shall be limited to sites fronting Boynton Beach Boulevard or Atlantic Avenue east of SR 7. [Ord. 2023-011]

c)   Hours of Operation

Hours for the Taproom, tasting room, and/or facility tours shall not be open to the public after 10:00 p.m., except Fridays and Saturdays, whereby it may remain open until 11:00 p.m. [Ord. 2023-011]

d)   Separation

The Taproom shall not be located within 500 feet from a School as required by F.S. § 562.45, as periodically amended. [Ord. 2023-011]

e)   Parking

The Taproom shall be subject to the parking requirements for a Cocktail Lounge. [Ord. 2023-011]

f)    Food Service

Food service and preparation is allowed within the Taproom. Mobile Retail Sales limited to selling food (e.g., food trucks) are allowed. [Ord. 2023-011]

9.   Medical or Dental Laboratory
a.   Definition

An establishment for the construction or repair of medical equipment, such as dental, optical, orthopedic, or prosthetic devices; or medical testing laboratories primarily engaged in providing analytic or diagnostic services exclusively on the written work order of a licensed member of the medical profession and not for the public.

10. Multi-Media Production
a.   Definition

The use of a lot or building for the production of films or videos such as digital, audio, and motion pictures; production or broadcasting of television, radio, or internet programs; or, recording of music.

b.   Typical Uses

Typical uses include but are not limited to: film laboratories, stock footage film libraries, mass video publication, broadcasting studios, or soundstages.

c.   Approval Process

Indoor Multi-Media Production establishments shall be Permitted by Right in the zoning districts where the use is allowed.

d.   Transmission Facilities

Communication towers, antennas, and satellite dishes shall be subject to the applicable approval and Supplementary Standards contained in this Code.

e.   Film Permit in Public Properties

Films in public properties such as parks, beaches, rights-of-way, or public buildings are not subject to these standards. Permits are issued by the Film and Television Commission.

11. Recycling Center
a.   Definition

A permanent facility designed and used for collecting, purchasing, storing, dropping off, and redistributing of pre-sorted, recovered materials that are not intended for disposal.

b.   Approval Process – DRO

A Recycling Center that is subject to a Class A Conditional Use approval may be approved by the DRO, provided that the use complies with one of the following:

1)   Located completely within enclosed buildings; or

2)   The use shall be located a minimum of 500 feet from a parcel with a residential, civic, institutional, recreation, or conservation FLU designation, zoning district, or use.

c.   Location

Shall have the front or side street property line adjacent to an Arterial or Collector Street. Access from either Local Residential or Residential Access Streets shall be prohibited. [Ord. 2021-006]

d.   Operation Functions

The Zoning application shall include a Justification Statement and supporting documentation demonstrating acceptable industry design, configuration, and operational standards, based on the type of materials stored. The supporting documentation shall include but not limited to the following:

1)   Site Plan

The Site Plan shall illustrate how the operation functions including circulation routes; and the location of the operation areas and storage piles.

2)   Dust Control

A plan to address how dust generated from traffic and storage areas will be managed pursuant to Art. 5.E.4.D.3, Dust and Particulate.

3)   SWA Permit

Prior to operation of the facility, the owner or operator shall obtain a SWA Permit.

12. Recycling Plant
a.   Definition

An establishment used for the recovery of non-hazardous recyclable materials that are not intended for disposal to be collected, separated and sorted, or processed, for reuse. Recyclable materials include construction and demolition debris, plastic, glass, metal, all grades of paper, textiles, or rubber.

b.   Approval Process

A Recycling Plant requiring Class A Conditional Use approval may be approved by the DRO subject to the following:

1)   When surrounded by parcels having an IND FLU designation that are vacant or developed with industrial uses providing a 500-foot separation between the use and any parcels having a residential, civic, recreation, or conservation FLU designation or use; or

2)   When all recycling activities are located within enclosed structures that have no openings oriented or visible from surrounding parcels having a residential, civic, recreation, or conservation FLU designation or use.

c.   Access

Access from Local Residential or Residential Access Streets shall be prohibited. Entrances shall be gated to prevent access from unauthorized persons. [Ord. 2021-006]

d.   Setbacks

No part of a Recycling Plant and its accessory ramps, on-site circulation system, or storage areas shall be located within 50 feet of any property line, unless adjacent to another property with an IND FLU designation that is vacant or has an existing industrial use.

e.   Lot Size

The minimum lot size shall be five acres for any Recycling Plant with outdoor activities.

f.    Drainage

Untreated surface water runoff shall not be permitted to discharge directly into lakes, streams, drainage canals, or navigable waterways other than into or through approved on-site containment areas.

g.   Storage Areas

All outdoor storage of recyclable materials shall be in leak-proof containers or located on a paved area that is designed to capture all potential runoff associated with the stored material. Runoff shall be handled in a manner that is in conformance with Local, State, and Federal regulations.

h.   SWA Permit

Verification that the Applicant has obtained a permit from and posted a bond with the SWA prior to Final Site Plan approval or Building Permit, whichever occurs first.

13. Research and Development
a.   Definition

An establishment engaged in industrial, scientific, or medical research, testing, and analysis.

b.   Typical Uses

Typical uses include natural science/manufacturing research facilities, bioscience research/biotechnology, and product testing/quality control facilities.

c.   Overlay – Bioscience Research Protection Overlay (BRPO)

A Research and Development establishment located in the BRPO shall not be subject to the limitations of Table 4.A.9.B, Thresholds for Projects Requiring Board of County Commissioners Approval.

d.   Outdoor Activities

Outdoor manufacturing, processing, or testing shall be limited to industrial zoning districts only.

14. Salvage or Junk Yard
a.   Definition

An establishment used primarily for the collecting, storage, and sale of scrap metal or discard material; or for the collecting, dismantling, storage, and salvaging of machinery or vehicles not in running condition; or for the sale of parts thereof. Salvage may also include architectural salvage which consists of building materials and fixtures recovered prior to the demolition of buildings or structures.

b.   Approval Process

Architectural salvage may be allowed subject to DRO approval in the following zoning districts:

1)   IL or IG with an IND FLU designation; [Ord. 2023-011]

2)   MUPD with an IND FLU designation; or,

3)   IND/L or IND/G Pod of a PIPD.

15. Towing Service and Storage
a.   Definition

The use of a portion of an establishment for the temporary storage of operable or inoperable vehicles in conjunction with a commercial towing service. This shall not include retail sales, repair, or salvage of towed vehicles occurring within the storage area.

16. Truck Stop
a.   Definition

An establishment which provides services primarily for transient commercial vehicle operators, such as fueling, day, and overnight parking. A Truck Stop may also serve other travelers.

b.   Location

Shall have a minimum of 200 linear feet of the front or side street property line adjacent to an Arterial Street. [Ord. 2021-006]

c.   Lot Size

Shall be a minimum of five acres.

d.   Setbacks

Parking areas, parking spaces, maneuvering areas, and drive aisles, shall be set back a minimum of 200 feet from any existing residential use, zoning district, or FLU designation.

e.   Landscaping

Incompatibility Buffers shall be required adjacent to an existing residential use, zoning district, or FLU designation. The buffer shall include a six-foot-high berm with a six-foot-high opaque wall or fence installed at the plateau of the berm. Variances may be requested from these requirements.

f.    Collocated Uses

For purposes of this Section, collocated uses shall mean a use that is mainly oriented to serving transient commercial vehicle operators. The following collocated uses shall be allowed in conjunction with a Truck Stop subject to DRO approval:

1)   Type 1 Restaurant;

2)   Type 2 Restaurant;

4)   Car Wash;

5)   Hotel or Motel;

6)   Personal Services;

7)   Financial Institution;

8)   Financial Institution with Drive-Through Facilities;

9)   Financial Institution – Freestanding ATM;

10) Gas and Fuel Sales, Retail;

11) Laundry Service; and,

12) Retail Sales.

g.   Site Design

The site shall be designed to ensure the provision of adequate vehicular circulation and parking patterns. Collocated uses listed above shall be designed and located to mainly serve transient commercial vehicle operators.

17. Warehouse
a.   Definition

An establishment used for the storage of raw materials, equipment, or products.

b.   Typical Uses

Typical uses include moving companies, cold storage, and dead storage facilities, but excludes Self-Service Storage facilities.

c.   Overlay – WCRAO

Office/Warehouse uses shall be allowed as specified in Table 3.B.14.E, WCRAO Sub-area Use Regulations. The Office/Warehouse development shall have a minimum of 25 percent office space per gross floor area for each bay.

d.   Zoning Districts with a CH FLU Designation

A facility located in these zoning districts: CG, IRO, MUPD, or Commercial Pod of a PIPD shall comply with the following additional requirements: [Ord. 2020-001] [Ord. 2021-023]

1)   Outdoor Storage and activities shall be prohibited. [Ord. 2020-001]

e.   Accessory Use

1)   Office

Unless approved as a Class A Conditional Use, or as specified in the Overlay – WCRAO standard, office space in each Warehouse bay shall be a maximum of 30 percent of the GFA of that bay. [Ord. 2020-001]

2)   General Retail

Sales shall be prohibited, except where allowed in conjunction with flex space. [Ord. 2020-001] [Ord. 2021-006]

18. Wholesaling
a.   Definition

An establishment engaged in: the maintenance and display of inventories of goods for distribution and sale of goods to other firms for resale; or the supplying of goods to various trades such as landscapers, construction contractors, wholesale building supplies, institutions, industries, or professional businesses. These establishments also sort and grade goods from large to small lots, and engage in delivery. This use excludes vehicle sales, and the wholesaling of nursery supplies, and gas and fuel.

b.   Zoning Districts with a CH FLU Designation

A facility located in these zoning districts: CG, IRO, MUPD, or Commercial Pod of a PIPD shall comply with the following additional requirements: [Ord. 2020-001] [Ord. 2021-023]

1)   Outdoor Storage and activities shall be prohibited. [Ord. 2020-001]