This division shall be known and may be cited as the city NCB district ordinance.

(Ord. No. 2879, § 2, 1-13-81; Ord. No. 2895, § 1, 2-10-81; Ord. No. 3705, § 12, 7-26-88)

The purpose of this division is to permit the location of certain types of retail stores and business uses on a limited basis in a residential neighborhood whenever it is found to be necessary and desirable for the public health, safety, morals, general welfare and convenience.

(Ord. No. 2879, § 2, 1-13-81; Ord. No. 2895, § 1, 2-10-81; Ord. No. 3705, § 12, 7-26-88)

In NCB districts, no building, structure, land, or part thereof shall be erected, altered or used in whole or in part for other than 1 or more of the following specified uses:

(a)

Personal service shops.

(b)

Coin-operated laundries and self-service cleaning and dyeing establishments, subject to the provisions of this Code.

(c)

Business, professional and governmental offices which do not involve the use and storage of fleet vehicles on the site.

(d)

Telecom web-hosting facilities.

(e)

Those uses set forth in sections 28-1305(a) and (b).

(Ord. No. 2879, § 2, 1-13-81; Ord. No. 2895, § 1, 2-10-81; Ord. No. 3705, § 12, 7-26-88; Ord. No. 4573, § 1, 4-10-01; Ord. No. 5555, § 15, 1-26-21)

Conditional use approval may be requested by the owner of the property in NCBD districts for the following uses in accordance with division 4 of article II:

(a)

Business schools, kindergartens, nursery schools, and child care and adult care centers subject to provisions of section 28-1416 et seq.

(b)

Business, professional and governmental offices which involve the use and storage of fleet vehicles on the site.

(c)

Retail sales.

(d)

Restaurants with table or counter service seating a maximum of 50 patrons.

(e)

Retail pharmacies and medical marijuana treatment center dispensing facilities, subject to the requirements and limitations set forth in section 28-1312.

(Ord. No. 2879, § 2, 1-13-81; Ord. No. 2895, § 1, 2-10-81; Ord. No. 3705, § 12, 7-26-88; Ord. No. 4290, § 13, 10-29-96; Ord. No. 4323, § 11, 5-1-97; Ord. No. 5513, § 2, 2-11-20)

Cross reference— Supplementary district regulations for child care and adult care centers, § 28-1416 et seq.

In addition to those uses disqualified under the provisions of section 28-718, the following uses are expressly prohibited in an NCB district:

(a)

The sale of alcoholic beverages other than wine and beer.

(b)

Laundry, drycleaning and dyeing establishments other than self-service operations.

(c)

Nightclubs and bars.

(d)

Outdoor storage of motor vehicles, except as permitted herein.

(e)

Outdoor storage of any kind.

(f)

All uses not specifically permitted in section 28-718 or allowed as a conditional approval in section 28-719.

(Ord. No. 2879, § 2, 1-13-81; Ord. No. 2895, § 1, 2-10-81; Ord. No. 3705, § 12, 7-26-88)

It is recognized that the retail store and business uses which are permitted under this division will be in close proximity to established residential neighborhoods. It is mandatory that the operation and performance of all uses in an NCB district shall be subservient to and compatible with the peace and tranquility of a general residential environment. In addition to the excluded uses specified in section 28-720, no operations or activities shall be allowed in an NCB district which disturb or annoy the residential inhabitants of the surrounding area, including but not limited to any of the following:

(a)

The operation of any instrument or device which creates interference with radio or television reception.

(b)

Outdoor displays of merchandise or articles for sale.

(c)

The transacting of any business or activity on an outside or open-air basis.

(d)

The burning of refuse or operation of any incinerator.

(e)

Pole signs of any type.

(f)

The emitting of smells, odors or aromas, including cooking odors.

(g)

Outdoor storage of refuse except in authorized receptacles.

(h)

The production of any vibration, smoke, dust or fumes.

(i)

The causing of any glare from outside lighting devices.

(j)

Any operation or business activity occurring between the hours of 11:00 p.m. and 7:00 a.m.

(k)

Any loud, excessive or unusual noise resulting from the business activity or operations conducted in the district, including noises caused by the performance of service functions such as deliveries from motor vehicles and garbage pickup service.

(Ord. No. 2879, § 2, 1-13-81; Ord. No. 2895, § 1, 2-10-81; Ord. No. 3705, § 12, 7-26-88)

Any tract of land for which an NCB district application is made shall contain sufficient width and depth to adequately accommodate its proposed use and design. A minimum width of 100 feet and a minimum depth of 100 feet are required for any such plot.

(Ord. No. 2879, § 2, 1-13-81; Ord. No. 2895, § 1, 2-10-81; Ord. No. 3705, § 12, 7-26-88)

All NCB districts are required to have setback areas and landscaping along the front or street boundary, the rear boundary and the side boundaries thereof in accordance with the following provisions. For the purpose of this section, building setbacks from all abutting residential districts shall be a minimum of 50 feet, and a wall which is a minimum of 6 feet in height and smoothly finished on both sides shall be located at the district boundary lines.

(Ord. No. 2879, § 2, 1-13-81; Ord. No. 2895, § 1, 2-10-81; Ord. No. 3705, § 12, 7-26-88)

(1)

Front yard. Every plot in an NCB district shall have front or street setbacks of not less than 25 feet which shall be landscaped. Within the landscaped yard, no paving shall be permitted except for: public sidewalks along street frontages, shared use pathways, and bus shelters (when required pursuant to sections 23-162, 23-163, and 23-192, respectively); driveways; and/or walkways leading to a structure on the premises.

(2)

Rear yard. Every plot shall have a rear boundary setback of not less than 50 feet. Where no wall is required, then the first 5 feet of the rear yard shall be landscaped.

(3)

Side yard. Every plot shall have 5-foot landscaped side yards.

(4)

Landscaping. All landscaping required herein shall be approved in accordance with all applicable landscaping requirements set forth in this Code.

(Ord. No. 2879, § 2, 1-13-81; Ord. No. 2895, § 1, 2-10-81; Ord. No. 3705, § 12, 7-26-88; Ord. No. 5706, § 28, 10-22-24; Ord. No. 5714, § 3, 11-4-24)

No building or structure or part thereof in an NCB district shall be erected to a height exceeding 25 feet.

(Ord. No. 2879, § 2, 1-13-81; Ord. No. 2895, § 1, 2-10-81; Ord. No. 3705, § 12, 7-26-88)

No building or structure shall be erected in an NCB district which has a ground floor area of less than 3,000 square feet.

(Ord. No. 2879, § 2, 1-13-81; Ord. No. 2895, § 1, 2-10-81; Ord. No. 3705, § 12, 7-26-88)

No accessory buildings or structures shall be erected or permitted in the NCB district.

(Ord. No. 2879, § 2, 1-13-81; Ord. No. 2895, § 1, 2-10-81; Ord. No. 3705, § 12, 7-26-88)

The regulations in this division shall apply in all R-B-1 districts.

(Ord. No. 563, § 1, 8-23-60; Ord. No. 705, § 1, 8-28-62; Ord. No. 807, § 1, 12-30-63; Ord. No. 808, § 1, 12-30-63; Ord. No. 809, § 1, 12-30-63; Ord. No. 970, § 1, 5-25-65; Ord. No. 973, § 1, 6-1-65; Ord. No. 1034, §§ 3, 4, 11-9-65; Ord. No. 1039, § 1, 11-30-65; Ord. No. 1076, § 1, 2-8-66; Ord. No. 1181, § 1, 1-3-67; Ord. No. 1282, §§ 1—3, 4-30-68; Ord. No. 1285, § 2, 4-23-68; Ord. No. 1377, § 1, 8-26-69; Ord. No. 1456, § 1, 8-4-71; Ord. No. 1627, § 1, 1-11-72; Ord. No. 1668, § 6, 6-13-72; Ord. No. 1730, §§ 1—8, 10-10-72; Ord. No. 1768, § 1, 1-9-73; Ord. No. 1975, §§ 1, 2, 5-14-75; Ord. No. 2176, §§ 1, 2, 7-8-75; Ord. No. 2203, § 1, 10-28-75; Ord. No. 2459, § 1, 2-8-78; Ord. No. 2726, § 1, 4-22-80; Ord. No. 2879, § 3, 1-31-81; Ord. No. 2970, § 2, 8-11-81; Ord. No. 3102, § 1, 7-27-82; Ord. No. 3615, § 1, 4-28-87; Ord. No. 3705, § 13, 7-26-88)

In R-B-1 districts, no building, structure, land, or part thereof shall be erected, altered or used in whole or in part for other than 1 or more of the following specified uses:

(a)

Banks and financial institutions.

(b)

Child care and adult care centers subject to the provisions of section 28-1416 et seq.

(c)

Hospitals, convalescent homes, assisted living facilities, and nursing homes.

1.

Any property zoned R-B-1 that is located contiguous to land zoned MC, and where that MC zoned land includes a hospital use, may be included within an application for approval of an MC master plan as provided in section 28-932; provided, however, that those portions of any such master plan zoned R-B-1 shall continue to be governed by the requirements of this division.

(d)

Places of public assembly.

(e)

Business, trade, technical or secretarial schools.

(f)

Business offices, professional offices and governmental buildings.

(g)

Duplicating, copying, letter and secretarial service establishments.

(h)

Personal service shops.

(i)

Retail stores.

(j)

Bakeries and similar places for preparation of food to be sold at retail on the premises subject to the provisions of section 28-1328.

(k)

Laundry and drycleaning pickup shops, and drycleaning and pressing establishments that:

1.

Use only nontoxic and nonflammable fluorocarbon solvents in equipment which requires no venting or emissions of fumes or gases into the atmosphere;

2.

Utilize a total of not more than 5 full- or part-time employees; and

3.

Utilize no pickup or delivery facilities to the establishment except those from members of the consuming public seeking the service at the site of the establishment.

(l)

Mortuaries.

(m)

Interior decorators, photographic galleries, artists' studios.

(n)

Parking lots or parking structures.

(o)

Reserved.

(p)

Retail establishments, established with the sole purpose of selling donated articles to the public for the sole benefit of religious, philanthropic and eleemosynary organizations not for profit upon written application to and approval by the city council.

(q)

Motorcar fuel stations (service stations) subject to the provisions of section 28-1386 et seq.

(r)

Restaurants, subject to the provisions of section 4-3, if applicable; provided, however, any restaurant which includes a dance floor or dancing area shall require conditional use approval pursuant to section 28-743(b).

(s)

Helistops, as herein defined, subject to the provisions of section 28-1451 et seq.

(t)

Utility substations subject to the approval of the planning and zoning board and the city council.

(u)

Retail pharmacies and medical marijuana treatment center dispensing facilities, subject to the requirements and limitations set forth in section 28-1312.

(v)

Uses accessory to any of the above uses, including living quarters for the owner or operator and outdoor storage of passenger cars, panel or pickup trucks used in the business or items otherwise provided for as a permitted use. Outdoor display or storage of merchandise or equipment is prohibited, except as provided in section 28-1309.

(w)

Telecom web-hosting facilities.

(x)

Those uses set forth in sections 28-1305(a) and (b).

(Ord. No. 563, § 1, 8-23-60; Ord. No. 705, § 1, 8-28-62; Ord. No. 807, § 1, 12-30-63; Ord. No. 808, § 1, 12-30-63; Ord. No. 809, § 1, 12-30-63; Ord. No. 970, § 1, 5-25-65; Ord. No. 973, § 1, 6-1-65; Ord. No. 1034, §§ 3, 4, 11-9-65; Ord. No. 1039, § 1, 11-30-65; Ord. No. 1076, § 1, 2-8-66; Ord. No. 1181, § 1, 1-3-67; Ord. No. 1282, §§ 1—3, 4-30-68; Ord. No. 1285, § 2, 4-23-68; Ord. No. 1377, § 1, 8-26-69; Ord. No. 1456, § 1, 8-4-71; Ord. No. 1627, § 1, 1-11-72; Ord. No. 1668, § 6, 6-13-72; Ord. No. 1730, §§ 1—8, 10-10-72; Ord. No. 1768, § 1, 1-9-73; Ord. No. 1975, §§ 1, 2, 5-14-75; Ord. No. 2176, §§ 1, 2, 7-8-75; Ord. No. 2203, § 1, 10-28-75; Ord. No. 2459, § 1, 2-8-78; Ord. No. 2726, § 1, 4-22-80; Ord. No. 2879, § 3, 1-31-81; Ord. No. 2970, § 2, 8-11-81; Ord. No. 3102, § 1, 7-27-82; Ord. No. 3615, § 1, 4-28-87; Ord. No. 3705, § 13, 7-26-88; Ord. No. 4290, § 14, 10-29-96; Ord. No. 4573, § 2, 4-10-01; Ord. No. 5040, § 14, 9-9-08; Ord. No. 5392, § 5, 5-23-17; Ord. No. 5393, § 4, 5-23-17; Ord. No. 5436, § 1, 2-13-18; Ord. No. 5487, § 11, 6-11-19; Ord. No. 5513, § 3, 2-11-20; Ord. No. 5555, § 16, 1-26-21; Ord. No. 5572, § 1, 4-27-21; Ord. No. 5615, § 16, 7-26-22)

Cross reference— Supplementary district regulations for automotive service stations, § 28-1386 et seq.; child care and adult care centers, § 28-1416 et seq.; supplementary district regulations for helistops and heliports, § 28-1451 et seq.

Conditional use approval may be requested by the owner of the property in R-B-1 districts for the following uses in accordance with division 4 of article II:

(a)

Hotels, motels, tourist homes.

(b)

Any restaurant which includes a dance floor or dancing area.

(c)

Bars, nightclubs and drinking establishments, subject to the provisions of section 4-3, if applicable.

(d)

New car agencies in accordance with section 28-1302.

(e)

Substance abuse treatment facility, provided that such facilities shall not be located within a radius of 1,000 feet of another existing facility.

(f)

Car washes, subject to the requirements and limitations set forth in section 28-1319.

(Ord. No. 563, § 1, 8-23-60; Ord. No. 705, § 1, 8-28-62; Ord. No. 807, § 1, 12-30-63; Ord. No. 808, § 1, 12-30-63; Ord. No. 809, § 1, 12-30-63; Ord. No. 970, § 1, 5-25-65; Ord. No. 973, § 1, 6-1-65; Ord. No. 1034, §§ 3, 4, 11-9-65; Ord. No. 1039, § 1, 11-30-65; Ord. No. 1076, § 1, 2-8-66; Ord. No. 1181, § 1, 1-3-67; Ord. No. 1282, §§ 1—3, 4-30-68; Ord. No. 1285, § 2, 4-23-68; Ord. No. 1377, § 1, 8-26-69; Ord. No. 1456, § 1, 8-4-71; Ord. No. 1627, § 1, 1-11-72; Ord. No. 1668, § 6, 6-13-72; Ord. No. 1730, §§ 1—8, 10-10-72; Ord. No. 1768, § 1, 1-9-73; Ord. No. 1975, §§ 1, 2, 5-14-75; Ord. No. 2176, §§ 1, 2, 7-8-75; Ord. No. 2203, § 1, 10-28-75; Ord. No. 2459, § 1, 2-8-78; Ord. No. 2726, § 1, 4-22-80; Ord. No. 2879, § 3, 1-31-81; Ord. No. 2970, § 2, 8-11-81; Ord. No. 3102, § 1, 7-27-82; Ord. No. 3615, § 1, 4-28-87; Ord. No. 3705, § 13, 7-26-88; Ord. No. 4323, § 12, 5-1-97; Ord. No. 4649, § 3, 5-29-02; Ord. No. 5436, § 1, 2-13-18; Ord. No. 5701, § 1, 10-22-24)

Every plot in an R-B-1 district used for other than a multifamily dwelling shall not be less than 100 feet in width and 150 feet in depth and 15,000 square feet in area.

(Ord. No. 563, § 1, 8-23-60; Ord. No. 705, § 1, 8-28-62; Ord. No. 807, § 1, 12-30-63; Ord. No. 808, § 1, 12-30-63; Ord. No. 809, § 1, 12-30-63; Ord. No. 970, § 1, 5-25-65; Ord. No. 973, § 1, 6-1-65; Ord. No. 1034, §§ 3, 4, 11-9-65; Ord. No. 1039, § 1, 11-30-65; Ord. No. 1076, § 1, 2-8-66; Ord. No. 1181, § 1, 1-3-67; Ord. No. 1282, §§ 1—3, 4-30-68; Ord. No. 1285, § 2, 4-23-68; Ord. No. 1377, § 1, 8-26-69; Ord. No. 1456, § 1, 8-4-71; Ord. No. 1627, § 1, 1-11-72; Ord. No. 1668, § 6, 6-13-72; Ord. No. 1730, §§ 1—8, 10-10-72; Ord. No. 1768, § 1, 1-9-73; Ord. No. 1975, §§ 1, 2, 5-14-75; Ord. No. 2176, §§ 1, 2, 7-8-75; Ord. No. 2203, § 1, 10-28-75; Ord. No. 2459, § 1, 2-8-78; Ord. No. 2726, § 1, 4-22-80; Ord. No. 2879, § 3, 1-31-81; Ord. No. 2970, § 2, 8-11-81; Ord. No. 3102, § 1, 7-27-82; Ord. No. 3615, § 1, 4-28-87; Ord. No. 3705, § 13, 7-26-88)

(1)

Each structure in an R-B-1 district shall contain not less than 4,000 square feet in ground floor area.

(2)

For uses permitted under section 28-742(b) through (r), there shall be no more than 1 outside main street entrance for each 1,000 square feet of ground floor area. No outside ground floor area entrance shall serve an area for the conduct of any 1 permitted use if such use utilizes less than 700 square feet of floor area. This provision is not to be construed as limiting the number of entrances intended and used exclusively for service and not for customers.

(Ord. No. 563, § 1, 8-23-60; Ord. No. 705, § 1, 8-28-62; Ord. No. 807, § 1, 12-30-63; Ord. No. 808, § 1, 12-30-63; Ord. No. 809, § 1, 12-30-63; Ord. No. 970, § 1, 5-25-65; Ord. No. 973, § 1, 6-1-65; Ord. No. 1034, §§ 3, 4, 11-9-65; Ord. No. 1039, § 1, 11-30-65; Ord. No. 1076, § 1, 2-8-66; Ord. No. 1181, § 1, 1-3-67; Ord. No. 1282, §§ 1—3, 4-30-68; Ord. No. 1285, § 2, 4-23-68; Ord. No. 1377, § 1, 8-26-69; Ord. No. 1456, § 1, 8-4-71; Ord. No. 1627, § 1, 1-11-72; Ord. No. 1668, § 6, 6-13-72; Ord. No. 1730, §§ 1—8, 10-10-72; Ord. No. 1768, § 1, 1-9-73; Ord. No. 1975, §§ 1, 2, 5-14-75; Ord. No. 2176, §§ 1, 2, 7-8-75; Ord. No. 2203, § 1, 10-28-75; Ord. No. 2459, § 1, 2-8-78; Ord. No. 2726, § 1, 4-22-80; Ord. No. 2879, § 3, 1-31-81; Ord. No. 2970, § 2, 8-11-81; Ord. No. 3102, § 1, 7-27-82; Ord. No. 3615, § 1, 4-28-87; Ord. No. 3705, § 13, 7-26-88; Ord. No. 5436, § 1, 2-13-18)

No building or structure, or part thereof, shall be erected or altered in an R-B-1 district to a height exceeding 50 feet.

(Ord. No. 563, § 1, 8-23-60; Ord. No. 705, § 1, 8-28-62; Ord. No. 807, § 1, 12-30-63; Ord. No. 808, § 1, 12-30-63; Ord. No. 809, § 1, 12-30-63; Ord. No. 970, § 1, 5-25-65; Ord. No. 973, § 1, 6-1-65; Ord. No. 1034, §§ 3, 4, 11-9-65; Ord. No. 1039, § 1, 11-30-65; Ord. No. 1076, § 1, 2-8-66; Ord. No. 1181, § 1, 1-3-67; Ord. No. 1282, §§ 1—3, 4-30-68; Ord. No. 1285, § 2, 4-23-68; Ord. No. 1377, § 1, 8-26-69; Ord. No. 1456, § 1, 8-4-71; Ord. No. 1627, § 1, 1-11-72; Ord. No. 1668, § 6, 6-13-72; Ord. No. 1730, §§ 1—8, 10-10-72; Ord. No. 1768, § 1, 1-9-73; Ord. No. 1975, §§ 1, 2, 5-14-75; Ord. No. 2176, §§ 1, 2, 7-8-75; Ord. No. 2203, § 1, 10-28-75; Ord. No. 2459, § 1, 2-8-78; Ord. No. 2726, § 1, 4-22-80; Ord. No. 2879, § 3, 1-31-81; Ord. No. 2970, § 2, 8-11-81; Ord. No. 3102, § 1, 7-27-82; Ord. No. 3615, § 1, 4-28-87; Ord. No. 3705, § 13, 7-26-88)

Every plot in R-B-1 districts shall have not less than 550 square feet of plot area for each hotel or motel room or 1-room efficiency.

(Ord. No. 563, § 1, 8-23-60; Ord. No. 705, § 1, 8-28-62; Ord. No. 807, § 1, 12-30-63; Ord. No. 808, § 1, 12-30-63; Ord. No. 809, § 1, 12-30-63; Ord. No. 970, § 1, 5-25-65; Ord. No. 973, § 1, 6-1-65; Ord. No. 1034, §§ 3, 4, 11-9-65; Ord. No. 1039, § 1, 11-30-65; Ord. No. 1076, § 1, 2-8-66; Ord. No. 1181, § 1, 1-3-67; Ord. No. 1282, §§ 1—3, 4-30-68; Ord. No. 1285, § 2, 4-23-68; Ord. No. 1377, § 1, 8-26-69; Ord. No. 1456, § 1, 8-4-71; Ord. No. 1627, § 1, 1-11-72; Ord. No. 1668, § 6, 6-13-72; Ord. No. 1730, §§ 1—8, 10-10-72; Ord. No. 1768, § 1, 1-9-73; Ord. No. 1975, §§ 1, 2, 5-14-75; Ord. No. 2176, §§ 1, 2, 7-8-75; Ord. No. 2203, § 1, 10-28-75; Ord. No. 2459, § 1, 2-8-78; Ord. No. 2726, § 1, 4-22-80; Ord. No. 2879, § 3, 1-31-81; Ord. No. 2970, § 2, 8-11-81; Ord. No. 3102, § 1, 7-27-82; Ord. No. 3615, § 1, 4-28-87; Ord. No. 3705, § 13, 7-26-88)

(1)

Front or street yards. Anything contained in this Code to the contrary notwithstanding, for the purpose of this section all yards abutting street frontage in R-B-1 districts shall be considered front yards.

For hotel-motel and business building use. Every plot shall have a front or street yard (or yards) not less than 30 feet in depth. Additional yard requirements are set forth in (4) below.

(2)

Side yards. Anything contained in the Code to the contrary notwithstanding, for the purposes of this section all yards abutting a front yard as described in (1) above shall be considered side yards.

(a)

For hotel-motel use. A side yard shall be provided on each side of every plot of not less than 10 feet in width. Additional yard requirements are set forth in (4) below.

(b)

For business buildings only. A side yard shall be provided on each side of every plot of not less than 10 feet in width. Required side yards of 10 feet may be combined to 25 feet on 1 side only of the plot. Additional yard requirements are set forth in (4) below.

(3)

Rear yard.

(a)

For hotel-motel use. Every plot other than a corner lot shall have a rear yard of not less than 25 feet in depth. Additional yard requirements are set forth in (4) below.

(b)

For business buildings only. A side yard shall be provided on each side of every plot of not less than 10 feet in width. Required side yards of 10 feet may be combined to 25 feet on 1 side only of the plot. Additional yard requirements are set forth in (4) below.

(4)

Additional yard requirements.

(a)

Whenever a required yard under (2) or (3) above abuts directly on a single-family (R-1) zoned district without any division such as a street, alley, park or other public open space, the yard shall not be less than 50 feet wide as measured perpendicularly from the abutting single-family district.

(b)

Whenever a building or structure exceeds 25 feet in height, the required minimum yards under (1), (2) and (3) above shall be increased by 1 foot for each additional 2 feet in height, or portion thereof, until the maximum height has been reached.

(Ord. No. 563, § 1, 8-23-60; Ord. No. 705, § 1, 8-28-62; Ord. No. 807, § 1, 12-30-63; Ord. No. 808, § 1, 12-30-63; Ord. No. 809, § 1, 12-30-63; Ord. No. 970, § 1, 5-25-65; Ord. No. 973, § 1, 6-1-65; Ord. No. 1034, §§ 3, 4, 11-9-65; Ord. No. 1039, § 1, 11-30-65; Ord. No. 1076, § 1, 2-8-66; Ord. No. 1181, § 1, 1-3-67; Ord. No. 1282, §§ 1—3, 4-30-68; Ord. No. 1285, § 2, 4-23-68; Ord. No. 1377, § 1, 8-26-69; Ord. No. 1456, § 1, 8-4-71; Ord. No. 1627, § 1, 1-11-72; Ord. No. 1668, § 6, 6-13-72; Ord. No. 1730, §§ 1—8, 10-10-72; Ord. No. 1768, § 1, 1-9-73; Ord. No. 1975, §§ 1, 2, 5-14-75; Ord. No. 2176, §§ 1, 2, 7-8-75; Ord. No. 2203, § 1, 10-28-75; Ord. No. 2459, § 1, 2-8-78; Ord. No. 2726, § 1, 4-22-80; Ord. No. 2879, § 3, 1-31-81; Ord. No. 2970, § 2, 8-11-81; Ord. No. 3102, § 1, 7-27-82; Ord. No. 3615, § 1, 4-28-87; Ord. No. 3705, § 13, 7-26-88)

(1)

The minimum floor area for residential units in R-B-1 districts shall be as follows:

(a)

The minimum floor area for each efficiency unit shall be 400 square feet.

(b)

The minimum floor area for each 1-bedroom unit shall be 500 square feet.

(c)

The minimum floor area for each 2-bedroom unit shall be 750 square feet.

(2)

Minimum floor area for hotel buildings. The minimum floor area of a sleeping room unit, including closets, baths and like areas for rental or guest accommodation purposes in hotel, apartment hotel, motel, club or tourist house shall be 325 square feet.

(Ord. No. 563, § 1, 8-23-60; Ord. No. 705, § 1, 8-28-62; Ord. No. 807, § 1, 12-30-63; Ord. No. 808, § 1, 12-30-63; Ord. No. 809, § 1, 12-30-63; Ord. No. 970, § 1, 5-25-65; Ord. No. 973, § 1, 6-1-65; Ord. No. 1034, §§ 3, 4, 11-9-65; Ord. No. 1039, § 1, 11-30-65; Ord. No. 1076, § 1, 2-8-66; Ord. No. 1181, § 1, 1-3-67; Ord. No. 1282, §§ 1—3, 4-30-68; Ord. No. 1285, § 2, 4-23-68; Ord. No. 1377, § 1, 8-26-69; Ord. No. 1456, § 1, 8-4-71; Ord. No. 1627, § 1, 1-11-72; Ord. No. 1668, § 6, 6-13-72; Ord. No. 1730, §§ 1—8, 10-10-72; Ord. No. 1768, § 1, 1-9-73; Ord. No. 1975, §§ 1, 2, 5-14-75; Ord. No. 2176, §§ 1, 2, 7-8-75; Ord. No. 2203, § 1, 10-28-75; Ord. No. 2459, § 1, 2-8-78; Ord. No. 2726, § 1, 4-22-80; Ord. No. 2879, § 3, 1-31-81; Ord. No. 2970, § 2, 8-11-81; Ord. No. 3102, § 1, 7-27-82; Ord. No. 3615, § 1, 4-28-87; Ord. No. 3705, § 13, 7-26-88)

Every plot in R-B-1 districts used for a hotel, apartment hotel or motel structure shall have a minimum of 40 percent of the total plot area set aside for open or green areas.

(Ord. No. 563, § 1, 8-23-60; Ord. No. 705, § 1, 8-28-62; Ord. No. 807, § 1, 12-30-63; Ord. No. 808, § 1, 12-30-63; Ord. No. 809, § 1, 12-30-63; Ord. No. 970, § 1, 5-25-65; Ord. No. 973, § 1, 6-1-65; Ord. No. 1034, §§ 3, 4, 11-9-65; Ord. No. 1039, § 1, 11-30-65; Ord. No. 1076, § 1, 2-8-66; Ord. No. 1181, § 1, 1-3-67; Ord. No. 1282, §§ 1—3, 4-30-68; Ord. No. 1285, § 2, 4-23-68; Ord. No. 1377, § 1, 8-26-69; Ord. No. 1456, § 1, 8-4-71; Ord. No. 1627, § 1, 1-11-72; Ord. No. 1668, § 6, 6-13-72; Ord. No. 1730, §§ 1—8, 10-10-72; Ord. No. 1768, § 1, 1-9-73; Ord. No. 1975, §§ 1, 2, 5-14-75; Ord. No. 2176, §§ 1, 2, 7-8-75; Ord. No. 2203, § 1, 10-28-75; Ord. No. 2459, § 1, 2-8-78; Ord. No. 2726, § 1, 4-22-80; Ord. No. 2879, § 3, 1-31-81; Ord. No. 2970, § 2, 8-11-81; Ord. No. 3102, § 1, 7-27-82; Ord. No. 3615, § 1, 4-28-87; Ord. No. 3705, § 13, 7-26-88)

(1)

Walls separating a plot in an R-B-1 district from a residential district shall be provided in accordance with section 28-304.

(2)

Solid walls shall have a decorative surface.

(3)

Masonry walls using concrete blocks or similar units, with voids or openings of a decorative pattern, shall have finish on all surfaces and the voids or openings shall not be in excess of 25 square inches per void or opening, nor shall the total area of voids or openings be in excess of 30 percent of the wall surface per square foot.

(4)

No signs shall be permitted on these walls.

(5)

No hazardous materials shall be placed on the top or imbedded in the walls.

(Ord. No. 563, § 1, 8-23-60; Ord. No. 705, § 1, 8-28-62; Ord. No. 807, § 1, 12-30-63; Ord. No. 808, § 1, 12-30-63; Ord. No. 809, § 1, 12-30-63; Ord. No. 970, § 1, 5-25-65; Ord. No. 973, § 1, 6-1-65; Ord. No. 1034, §§ 3, 4, 11-9-65; Ord. No. 1039, § 1, 11-30-65; Ord. No. 1076, § 1, 2-8-66; Ord. No. 1181, § 1, 1-3-67; Ord. No. 1282, §§ 1—3, 4-30-68; Ord. No. 1285, § 2, 4-23-68; Ord. No. 1377, § 1, 8-26-69; Ord. No. 1456, § 1, 8-4-71; Ord. No. 1627, § 1, 1-11-72; Ord. No. 1668, § 6, 6-13-72; Ord. No. 1730, §§ 1—8, 10-10-72; Ord. No. 1768, § 1, 1-9-73; Ord. No. 1975, §§ 1, 2, 5-14-75; Ord. No. 2176, §§ 1, 2, 7-8-75; Ord. No. 2203, § 1, 10-28-75; Ord. No. 2459, § 1, 2-8-78; Ord. No. 2726, § 1, 4-22-80; Ord. No. 2879, § 3, 1-31-81; Ord. No. 2970, § 2, 8-11-81; Ord. No. 3102, § 1, 7-27-82; Ord. No. 3615, § 1, 4-28-87; Ord. No. 3705, § 13, 7-26-88)

(1)

The first 10 feet of the required yard abutting a street right-of-way in an R-B-1 district shall be used as a landscaped yard. When such right-of-way separates this district from a single-family (R-1) district, the depth of the landscaped yard shall be increased to 25 feet.

(2)

Within the landscaped yards above, no paving shall be permitted except for: public sidewalks along street frontages, shared use pathways, and bus shelters (when required pursuant to sections 23-162, 23-163, and 23-192, respectively); driveways; and/or walkways leading to a structure on the premises.

(Ord. No. 563, § 1, 8-23-60; Ord. No. 705, § 1, 8-28-62; Ord. No. 807, § 1, 12-30-63; Ord. No. 808, § 1, 12-30-63; Ord. No. 809, § 1, 12-30-63; Ord. No. 970, § 1, 5-25-65; Ord. No. 973, § 1, 6-1-65; Ord. No. 1034, §§ 3, 4, 11-9-65; Ord. No. 1039, § 1, 11-30-65; Ord. No. 1076, § 1, 2-8-66; Ord. No. 1181, § 1, 1-3-67; Ord. No. 1282, §§ 1—3, 4-30-68; Ord. No. 1285, § 2, 4-23-68; Ord. No. 1377, § 1, 8-26-69; Ord. No. 1456, § 1, 8-4-71; Ord. No. 1627, § 1, 1-11-72; Ord. No. 1668, § 6, 6-13-72; Ord. No. 1730, §§ 1—8, 10-10-72; Ord. No. 1768, § 1, 1-9-73; Ord. No. 1975, §§ 1, 2, 5-14-75; Ord. No. 2176, §§ 1, 2, 7-8-75; Ord. No. 2203, § 1, 10-28-75; Ord. No. 2459, § 1, 2-8-78; Ord. No. 2726, § 1, 4-22-80; Ord. No. 2879, § 3, 1-31-81; Ord. No. 2970, § 2, 8-11-81; Ord. No. 3102, § 1, 7-27-82; Ord. No. 3615, § 1, 4-28-87; Ord. No. 3705, § 13, 7-26-88; Ord. No. 5714, § 3, 11-4-24)

Landscaping referred to in sections 28-750 and 28-752 above shall be interpreted to mean planting of lawns, flower beds, shrubs, hedges and trees or other types of landscaping. All landscaping shall be maintained in a healthy growing condition, neat and orderly in appearance, and kept free of refuse and debris. All planting shall be so arranged and maintained so as not to obscure vision of traffic. All landscaping shall be approved in accordance with all applicable landscaping requirements set forth in this Code.

(Ord. No. 563, § 1, 8-23-60; Ord. No. 705, § 1, 8-28-62; Ord. No. 807, § 1, 12-30-63; Ord. No. 808, § 1, 12-30-63; Ord. No. 809, § 1, 12-30-63; Ord. No. 970, § 1, 5-25-65; Ord. No. 973, § 1, 6-1-65; Ord. No. 1034, §§ 3, 4, 11-9-65; Ord. No. 1039, § 1, 11-30-65; Ord. No. 1076, § 1, 2-8-66; Ord. No. 1181, § 1, 1-3-67; Ord. No. 1282, §§ 1—3, 4-30-68; Ord. No. 1285, § 2, 4-23-68; Ord. No. 1377, § 1, 8-26-69; Ord. No. 1456, § 1, 8-4-71; Ord. No. 1627, § 1, 1-11-72; Ord. No. 1668, § 6, 6-13-72; Ord. No. 1730, §§ 1—8, 10-10-72; Ord. No. 1768, § 1, 1-9-73; Ord. No. 1975, §§ 1, 2, 5-14-75; Ord. No. 2176, §§ 1, 2, 7-8-75; Ord. No. 2203, § 1, 10-28-75; Ord. No. 2459, § 1, 2-8-78; Ord. No. 2726, § 1, 4-22-80; Ord. No. 2879, § 3, 1-31-81; Ord. No. 2970, § 2, 8-11-81; Ord. No. 3102, § 1, 7-27-82; Ord. No. 3615, § 1, 4-28-87; Ord. No. 3705, § 13, 7-26-88; Ord. No. 5706, § 29, 10-22-24)

The following sections are referenced for review herein:

(Ord. No. 563, § 1, 8-23-60; Ord. No. 705, § 1, 8-28-62; Ord. No. 807, § 1, 12-30-63; Ord. No. 808, § 1, 12-30-63; Ord. No. 809, § 1, 12-30-63; Ord. No. 970, § 1, 5-25-65; Ord. No. 973, § 1, 6-1-65; Ord. No. 1034, §§ 3, 4, 11-9-65; Ord. No. 1039, § 1, 11-30-65; Ord. No. 1076, § 1, 2-8-66; Ord. No. 1181, § 1, 1-3-67; Ord. No. 1282, §§ 1—3, 4-30-68; Ord. No. 1285, § 2, 4-23-68; Ord. No. 1377, § 1, 8-26-69; Ord. No. 1456, § 1, 8-4-71; Ord. No. 1627, § 1, 1-11-72; Ord. No. 1668, § 6, 6-13-72; Ord. No. 1730, §§ 1—8, 10-10-72; Ord. No. 1768, § 1, 1-9-73; Ord. No. 1975, §§ 1, 2, 5-14-75; Ord. No. 2176, §§ 1, 2, 7-8-75; Ord. No. 2203, § 1, 10-28-75; Ord. No. 2459, § 1, 2-8-78; Ord. No. 2726, § 1, 4-22-80; Ord. No. 2879, § 3, 1-31-81; Ord. No. 2970, § 2, 8-11-81; Ord. No. 3102, § 1, 7-27-82; Ord. No. 3615, § 1, 4-28-87; Ord. No. 3705, § 13, 7-26-88)

The following PMD regulations shall be applicable:

(a)

Eligibility. The development parameters hereinafter set forth in this section shall apply to lands which are:

(1)

Zoned R-B-1 motel-business district;

(2)

Designated as PM on the future land use map on the city's comprehensive plan and located within the midtown planned mobility subarea, as defined in section 28-937(e)(2); and

(3)

Approved for development pursuant to chapter 28, article XVII, division 8, planned mobility development ("PMD") subject to the specific development parameters of this division.

For PMD developments, the zoning regulations for the R-B-1 zoning district apply, provided, however, in the event of conflict between these PMD regulations and provisions of the R-B-1 zoning district or other provisions of the Code, the provisions of these PMD regulations shall control to the extent of such conflict.

(b)

Non-PMD. Nothing in this section or in chapter 28, article XVII, division 8, planned mobility development shall require lands zoned R-B-1 and eligible for development as a PMD pursuant to subsection (a) to exist, develop or redevelop as a PMD. All such lands may exist, develop or redevelop under the non-PMD provisions of this division.

(c)

Modification of development standards. In order to encourage innovative design solutions that promote planned mobility strategies, the development parameters and design standards of this section and the underlying zoning may be reasonably modified by city council (or the planning and zoning board when authorized to approve a PMD hereunder) based upon satisfaction of the requirements for modification in the Code applicable to PD regulations and upon a finding that the modified design will create a more walkable/mobility enhanced built environment than if the development parameter or design standard is maintained. Provided, however, height, intensity, floor area ratio, and total square feet of development shall not be modified.

(d)

Approval process. Notwithstanding any other provision of this Code (including but not limited to provisions of this division or provisions of section 28-1848), a proposed PMD in the R-B-1 district may be considered and acted upon by the planning and zoning board pursuant to section 28-54, provided that (i) the proposed PMD includes only 1 phase, (ii) the proposed PMD meets all applicable PMD regulations, and (iii) no modification of development parameters are proposed. Otherwise, the proposed PMD shall be subject to the review and approval process set forth in section 28-1848.

(e)

Intensity. The intensity (floor area ratio) of a PMD shall be subject to the limitations for the R-B-1 zoning district as set forth in section 28-307.

(f)

Building height. The maximum building height within a PMD shall be subject to the maximum building heights in the R-B-1 zoning district.

(g)

A PMD development in the R-B-1 district shall be subject to the provisions of subsections (e) and subsections (h) through (q) of section 28-937.

(Ord. No. 5476, § 3, 1-8-19)

Assisted living facilities, convalescent homes, nursing homes, and hospitals shall be regulated by beds per acre (BPA), and shall have a maximum BPA (assuming 1 person per bed) of 75.

(Ord. No. 5487, § 12, 6-11-19)

The regulations in this division shall apply to all B-1 districts.

(Ord. No. 253, § 13, 2-28-56; Ord. No. 278, § 1, 4-23-57; Ord. No. 390, § 1, 5-9-59; Ord. No. 426, 9-29-59; Ord. No. 431, 10-27-59; Ord. No. 490, 1-12-60; Ord. No. 502, 3-22-60; Ord. No. 923, § 2, 11-10-64; Ord. No. 969, § 1, 5-25-65; Ord. No. 1034, §§ 5, 6, 11-9-65; Ord. No. 1039, § 2, 11-30-65; Ord. No. 1157, § 8, 11-1-66; Ord. No. 1285, § 3, 4-23-68; Ord. No. 1436, § 1, 6-22-70; Ord. No. 1560, § 1, 6-15-71; Ord. No. 1668, § 7, 6-13-72; Ord. No. 1680, § 1, 7-11-72; Ord. No. 1768, § 2, 1-9-73; Ord. No. 1825, § 1, 7-3-73; Ord. No. 2203, § 2, 10-28-75; Ord. No. 2459, § 2, 2-8-78; Ord. No. 2726, § 2, 4-22-80; Ord. No. 2879, § 4, 1-13-81; Ord. No. 2970, § 3, 8-11-81; Ord. No. 3293, §§ 1, 2, 6-12-84; Ord. No. 3705, § 14, 7-26-88)

In B-1 districts, no building, structure, land, or part thereof shall be erected, altered or used in whole or in part for other than 1 or more of the following specified uses:

(a)

Business, professional and governmental offices.

(b)

Banks and financial institutions.

(c)

Duplicating, copying, letter and secretarial service establishments.

(d)

Retail stores.

(e)

Personal service shops.

(f)

Child care and adult care centers, subject to the provisions of section 28-1416 et seq.

(g)

Laundry and drycleaning pickup shops, self-service laundries (including coin-operated laundry machines) in fully enclosed buildings, and drycleaning and pressing establishments which:

1.

Use only nontoxic and nonflammable fluorocarbon solvents in equipment which requires no venting or emissions of fumes or gases into the atmosphere;

2.

Utilize a total of not more than 5 full- or part-time employees; and

3.

Utilize no pickup or delivery facilities to the establishment except those from members of the consuming public seeking the service at the site of the establishment.

(h)

Places of public assembly.

(i)

Parking structures and lots.

(j)

Bakeries and similar business for the preparation of food to be sold at retail on the premises, not including wholesale and subject to sections 28-1326 through 28-1332.

(k)

Pet shops, including grooming, but not including boarding, subject to the provisions of sections 28-1326 through 28-1332. A pet grooming facility which, as of August 1, 1993, provided boarding for pets, may continue to provide boarding, subject to compliance with applicable regulations.

(l)

Helistops and heliports, as herein defined, subject to the provisions of section 28-1451 et seq.

(m)

Retail pharmacies and medical marijuana treatment center dispensing facilities, subject to the requirements and limitations set forth in section 28-1312.

(n)

Uses accessory to any of the above uses, including living quarters for the owner or operator and outdoor storage of passenger cars, panel or pickup trucks used in the business or items otherwise provided for as a permitted use. Outdoor display or storage of merchandise or equipment is prohibited.

(o)

Telecom web-hosting facilities.

(p)

Restaurants, subject to the provisions of section 4-3, if applicable; provided, however, any restaurant which includes a dance floor or dancing area shall require conditional use approval pursuant to section 28-778(a).

(q)

Those uses set forth in sections 28-1305(a) and (b).

(Ord. No. 253, § 13, 2-28-56; Ord. No. 278, § 1, 4-23-57; Ord. No. 390, § 1, 5-9-59; Ord. No. 426, 9-29-59; Ord. No. 431, 10-27-59; Ord. No. 490, 1-12-60; Ord. No. 502, 3-22-60; Ord. No. 923, § 2, 11-10-64; Ord. No. 969, § 1, 5-25-65; Ord. No. 1034, §§ 5, 6, 11-9-65; Ord. No. 1039, § 2, 11-30-65; Ord. No. 1157, § 8, 11-1-66; Ord. No. 1285, § 3, 4-23-68; Ord. No. 1436, § 1, 6-22-70; Ord. No. 1560, § 1, 6-15-71; Ord. No. 1668, § 7, 6-13-72; Ord. No. 1680, § 1, 7-11-72; Ord. No. 1768, § 2, 1-9-73; Ord. No. 1825, § 1, 7-3-73; Ord. No. 2203, § 2, 10-28-75; Ord. No. 2459, § 2, 2-8-78; Ord. No. 2726, § 2, 4-22-80; Ord. No. 2879, § 4, 1-13-81; Ord. No. 2970, § 3, 8-11-81; Ord. No. 3293, §§ 1, 2, 6-12-84; Ord. No. 3705, § 14, 7-26-88; Ord. No. 4136, § 1, 11-23-93; Ord. No. 4290, § 15, 10-29-96; Ord. No. 4573, § 3, 4-10-01; Ord. No. 5040, § 15, 9-9-08; Ord. No. 5392, § 6, 5-23-17; Ord. No. 5436, § 2, 2-13-18; Ord. No. 5513, § 4, 2-11-20; Ord. No. 5555, § 17, 1-26-21)

Cross reference— Supplementary district regulations for child care and adult care centers, § 28-1416 et seq.; supplementary district regulations for helistops and heliports, § 28-1451 et seq.

Conditional use approval may be requested by the owner of the property in B-1 districts for the following uses in accordance with division 4 of article II:

(a)

Any restaurant which includes a dance floor or dancing area.

(b)

Bars, nightclubs and drinking establishments, subject to the provisions of section 4-3, if applicable.

(c)

Limited overnight facilities located in adult day care centers, subject to the applicable rules of the state department of health and rehabilitative services (HRS) for assisted living facilities. A copy of the application to HRS shall accompany the conditional use approval request.

(Ord. No. 253, § 13, 2-28-56; Ord. No. 278, § 1, 4-23-57; Ord. No. 390, § 1, 5-9-59; Ord. No. 426, 9-29-59; Ord. No. 431, 10-27-59; Ord. No. 490, 1-12-60; Ord. No. 502, 3-22-60; Ord. No. 923, § 2, 11-10-64; Ord. No. 969, § 1, 5-25-65; Ord. No. 1034, §§ 5, 6, 11-9-65; Ord. No. 1039, § 2, 11-30-65; Ord. No. 1157, § 8, 11-1-66; Ord. No. 1285, § 3, 4-23-68; Ord. No. 1436, § 1, 6-22-70; Ord. No. 1560, § 1, 6-15-71; Ord. No. 1668, § 7, 6-13-72; Ord. No. 1680, § 1, 7-11-72; Ord. No. 1768, § 2, 1-9-73; Ord. No. 1825, § 1, 7-3-73; Ord. No. 2203, § 2, 10-28-75; Ord. No. 2459, § 2, 2-8-78; Ord. No. 2726, § 2, 4-22-80; Ord. No. 2879, § 4, 1-13-81; Ord. No. 2970, § 3, 8-11-81; Ord. No. 3293, §§ 1, 2, 6-12-84; Ord. No. 3705, § 14, 7-26-88; Ord. No. 4323, § 13, 5-1-97; Ord. No. 5436, § 2, 2-13-18; Ord. No. 5487, § 13, 6-11-19)

(1)

Rear yard. There shall be a rear yard of not less than 10 feet in depth in B-1 districts, all or part of which may be supplied by an alley as specified in section 28-1294.

(2)

Front or street yards. Every plot shall be provided with a yard not less than 10 feet in depth adjacent to all streets upon which the plot abuts, subject to the provisions of section 28-1552.

(Ord. No. 253, § 13, 2-28-56; Ord. No. 278, § 1, 4-23-57; Ord. No. 390, § 1, 5-9-59; Ord. No. 426, 9-29-59; Ord. No. 431, 10-27-59; Ord. No. 490, 1-12-60; Ord. No. 502, 3-22-60; Ord. No. 923, § 2, 11-10-64; Ord. No. 969, § 1, 5-25-65; Ord. No. 1034, §§ 5, 6, 11-9-65; Ord. No. 1039, § 2, 11-30-65; Ord. No. 1157, § 8, 11-1-66; Ord. No. 1285, § 3, 4-23-68; Ord. No. 1436, § 1, 6-22-70; Ord. No. 1560, § 1, 6-15-71; Ord. No. 1668, § 7, 6-13-72; Ord. No. 1680, § 1, 7-11-72; Ord. No. 1768, § 2, 1-9-73; Ord. No. 1825, § 1, 7-3-73; Ord. No. 2203, § 2, 10-28-75; Ord. No. 2459, § 2, 2-8-78; Ord. No. 2726, § 2, 4-22-80; Ord. No. 2879, § 4, 1-13-81; Ord. No. 2970, § 3, 8-11-81; Ord. No. 3293, §§ 1, 2, 6-12-84; Ord. No. 3705, § 14, 7-26-88)

No building, structure, or part thereof, shall be erected, or altered in a B-1 district to a height exceeding 30 feet; provided, that permitted buildings may be erected or altered to a height not exceeding 50 feet upon consideration of the planning and zoning board and recommendation to the city council. The city council may approve additional height only if it is not injurious to surrounding property and is in accord with the spirit purpose of this chapter. Notwithstanding the foregoing, buildings, structures, or parts thereof, on sites that are both adjacent to East Palmetto Park Road and east of the Atlantic Intracoastal Waterway are not eligible for the additional height and are limited to a height not exceeding 30 feet.

(Ord. No. 253, § 13, 2-28-56; Ord. No. 278, § 1, 4-23-57; Ord. No. 390, § 1, 5-9-59; Ord. No. 426, 9-29-59; Ord. No. 431, 10-27-59; Ord. No. 490, 1-12-60; Ord. No. 502, 3-22-60; Ord. No. 923, § 2, 11-10-64; Ord. No. 969, § 1, 5-25-65; Ord. No. 1034, §§ 5, 6, 11-9-65; Ord. No. 1039, § 2, 11-30-65; Ord. No. 1157, § 8, 11-1-66; Ord. No. 1285, § 3, 4-23-68; Ord. No. 1436, § 1, 6-22-70; Ord. No. 1560, § 1, 6-15-71; Ord. No. 1668, § 7, 6-13-72; Ord. No. 1680, § 1, 7-11-72; Ord. No. 1768, § 2, 1-9-73; Ord. No. 1825, § 1, 7-3-73; Ord. No. 2203, § 2, 10-28-75; Ord. No. 2459, § 2, 2-8-78; Ord. No. 2726, § 2, 4-22-80; Ord. No. 2879, § 4, 1-13-81; Ord. No. 2970, § 3, 8-11-81; Ord. No. 3293, §§ 1, 2, 6-12-84; Ord. No. 3705, § 14, 7-26-88; Ord. No. 5384, § 1, 2-28-17)

Each structure housing a principal use in a B-1 district shall not be less than 1,000 square feet in ground floor area.

(Ord. No. 253, § 13, 2-28-56; Ord. No. 278, § 1, 4-23-57; Ord. No. 390, § 1, 5-9-59; Ord. No. 426, 9-29-59; Ord. No. 431, 10-27-59; Ord. No. 490, 1-12-60; Ord. No. 502, 3-22-60; Ord. No. 923, § 2, 11-10-64; Ord. No. 969, § 1, 5-25-65; Ord. No. 1034, §§ 5, 6, 11-9-65; Ord. No. 1039, § 2, 11-30-65; Ord. No. 1157, § 8, 11-1-66; Ord. No. 1285, § 3, 4-23-68; Ord. No. 1436, § 1, 6-22-70; Ord. No. 1560, § 1, 6-15-71; Ord. No. 1668, § 7, 6-13-72; Ord. No. 1680, § 1, 7-11-72; Ord. No. 1768, § 2, 1-9-73; Ord. No. 1825, § 1, 7-3-73; Ord. No. 2203, § 2, 10-28-75; Ord. No. 2459, § 2, 2-8-78; Ord. No. 2726, § 2, 4-22-80; Ord. No. 2879, § 4, 1-13-81; Ord. No. 2970, § 3, 8-11-81; Ord. No. 3293, §§ 1, 2, 6-12-84; Ord. No. 3705, § 14, 7-26-88)

The following are possible additional requirements in the B-1 district:

(Ord. No. 253, § 13, 2-28-56; Ord. No. 278, § 1, 4-23-57; Ord. No. 390, § 1, 5-9-59; Ord. No. 426, 9-29-59; Ord. No. 431, 10-27-59; Ord. No. 490, 1-12-60; Ord. No. 502, 3-22-60; Ord. No. 923, § 2, 11-10-64; Ord. No. 969, § 1, 5-25-65; Ord. No. 1034, §§ 5, 6, 11-9-65; Ord. No. 1039, § 2, 11-30-65; Ord. No. 1157, § 8, 11-1-66; Ord. No. 1285, § 3, 4-23-68; Ord. No. 1436, § 1, 6-22-70; Ord. No. 1560, § 1, 6-15-71; Ord. No. 1668, § 7, 6-13-72; Ord. No. 1680, § 1, 7-11-72; Ord. No. 1768, § 2, 1-9-73; Ord. No. 1825, § 1, 7-3-73; Ord. No. 2203, § 2, 10-28-75; Ord. No. 2459, § 2, 2-8-78; Ord. No. 2726, § 2, 4-22-80; Ord. No. 2879, § 4, 1-13-81; Ord. No. 2970, § 3, 8-11-81; Ord. No. 3293, §§ 1, 2, 6-12-84; Ord. No. 3705, § 14, 7-26-88)

The regulations in this division shall apply in all B-2 districts.

(Ord. No. 253, § 14, 2-28-56; Ord. No. 278, § 1, 4-23-57; Ord. No. 390, § 1, 6-9-59; Ord. No. 408, § 1, 7-14-59; Ord. No. 431, 10-27-59; Ord. No. 923, § 1, 11-10-64; Ord. No. 1034, §§ 7, 8, 11-9-65; Ord. No. 1039, § 3, 11-30-65; Ord. No. 1157, §§ 9, 10, 11-1-66; Ord. No. 1285, § 4, 4-23-68; Ord. No. 1437, § 1, 6-13-72; Ord. No. 1680, § 3, 7-11-72; Ord. No. 1768, § 3, 1-9-73; Ord. No. 2175, §§ 1, 2, 7-8-75; Ord. No. 2203, § 3, 10-28-75; Ord. No. 2459, § 3, 2-8-78; Ord. No. 2726, § 3, 4-22-80; Ord. No. 2879, § 5, 1-13-81; Ord. No. 2970, § 4, 8-11-81; Ord. No. 3705, § 15, 7-26-88)

In B-2 districts, no building, structure, land, or part thereof shall be erected, altered or used in whole or in part for other than 1 or more of the following specified uses:

(a)

Business, professional and governmental offices.

(b)

Banks and financial institutions.

(c)

Duplicating, copying, letter and secretarial service establishments.

(d)

Post offices and governmental buildings.

(e)

Places of public assembly.

(f)

Reserved.

(g)

Bowling alleys and billiard parlors.

(h)

Bus stations or passenger terminals, not including open air storage and repairs of vehicles.

(i)

Helistops and heliports, as herein defined, subject to the provisions of section 28-1451 et seq.

(j)

Business schools, colleges, kindergartens, nursery schools, and child care and adult care centers subject to provisions of section 28-1416 et seq.

(k)

Laundry and drycleaning pickup shops, self-service laundries (including coin-operated laundry machines) in fully enclosed buildings, and drycleaning and pressing establishments which:

1.

Use only nontoxic and nonflammable fluorocarbon solvents in equipment which requires no venting or emissions of fumes or gases into the atmosphere;

2.

Utilize a total of not more than 5 full- or part-time employees; and

3.

Utilize no pickup or delivery facilities to the establishment except those from members of the consuming public seeking the service at the site of the establishment.

(l)

Retail stores.

(m)

Retail establishments, established for the sole purpose of selling donated articles to the public for the sole benefit of religious, philanthropic and charitable organizations, not for profit, upon written application to and approval by the city council.

(n)

Bakeries and similar businesses for the preparation of food to be sold at retail on the premises, not including wholesale distribution and subject to section 28-1326 et seq.

(o)

Personal service shops.

(p)

Public utility substations, subject to approval by the planning and zoning board after public hearing.

(q)

Vending machines in an enclosed structure.

(r)

Parking structures and lots.

(s)

Motorcar fuel stations (service stations), subject to provisions of section 28-1386 et seq.

(t)

Marinas, including boat docks, fuel service, boat sales, rental storage, service or repair, subject to approval of the planning and zoning board and the city council. The city shall render its approval after public hearings, upon finding that the proposed use is consistent with and not hazardous to surrounding developments and is in accordance with the spirit and purpose of this chapter.

(u)

Mortuaries.

(v)

Auction houses for jewelry, art goods, and household furnishings.

(w)

Repair shops for appliances and bicycles within a fully enclosed building.

(x)

Pet shops including grooming but not including boarding, subject to the provisions of section 28-1326 et seq.

(y)

Retail pharmacies and medical marijuana treatment center dispensing facilities, subject to the requirements and limitations set forth in section 28-1312.

(z)

Uses accessory to any of the above uses, including living quarters for the owner or operator and outdoor storage of passenger cars, panel or pickup trucks used in the business or items otherwise provided for as a permitted use. Outdoor display or storage of merchandise or equipment is prohibited, and all such existing display or storage shall conform with this provision within 6 months from June 22, 1970.

(aa)

Telecom web-hosting facilities.

(bb)

Restaurants, subject to the provisions of section 4-3, if applicable; provided, however, any restaurant which includes a dance floor or dancing area shall require conditional use approval pursuant to section 28-798(b).

(cc)

Those uses set forth in sections 28-1305(a) and (b).

(Ord. No. 253, § 14, 2-28-56; Ord. No. 278, § 1, 4-23-57; Ord. No. 390, § 1, 6-9-59; Ord. No. 408, § 1, 7-14-59; Ord. No. 431, 10-27-59; Ord. No. 923, § 1, 11-10-64; Ord. No. 1034, §§ 7, 8, 11-9-65; Ord. No. 1039, § 3, 11-30-65; Ord. No. 1157, §§ 9, 10, 11-1-66; Ord. No. 1285, § 4, 4-23-68; Ord. No. 1437, § 1, 6-13-72; Ord. No. 1680, § 3, 7-11-72; Ord. No. 1768, § 3, 1-9-73; Ord. No. 2175, §§ 1, 2, 7-8-75; Ord. No. 2203, § 3, 10-28-75; Ord. No. 2459, § 3, 2-8-78; Ord. No. 2726, § 3, 4-22-80; Ord. No. 2879, § 5, 1-13-81; Ord. No. 2970, § 4, 8-11-81; Ord. No. 3705, § 15, 7-26-88; Ord. No. 4290, § 16, 10-29-96; Ord. No. 4573, § 4, 4-10-01; Ord. No. 5040, § 16, 9-9-08; Ord. No. 5392, § 7, 5-23-17; Ord. No. 5436, § 3, 2-13-18; Ord. No. 5513, § 5, 2-11-20; Ord. No. 5555, § 18, 1-26-21)

Cross reference— Supplementary district regulations for child care and adult care centers, § 28-1416 et seq.

Conditional use approval may be requested by the owner of the property in B-2 districts for the following uses in accordance with division 4 of article II:

(a)

Hotels, motels, subject to requirements in sections 28-747 and 28-749(2).

(b)

Any restaurant which includes a dance floor or dancing area.

(c)

Bars, nightclubs and drinking establishments, subject to the provisions of section 4-3, if applicable.

(d)

Mixed uses with a residential density not to exceed 20 units per acre or a nonresidential intensity floor area ratio of 0.30 applicable only to B-2 zoning districts with planned mobility (PM) future land use (FLU) designations. Consistency with other development standards contained in the B-2 zoning district and development parameters in B-2 zoning districts with PM FLU designations is required.

(Ord. No. 253, § 14, 2-28-56; Ord. No. 278, § 1, 4-23-57; Ord. No. 390, § 1, 6-9-59; Ord. No. 408, § 1, 7-14-59; Ord. No. 431, 10-27-59; Ord. No. 923, § 1, 11-10-64; Ord. No. 1034, §§ 7, 8, 11-9-65; Ord. No. 1039, § 3, 11-30-65; Ord. No. 1157, §§ 9, 10, 11-1-66; Ord. No. 1285, § 4, 4-23-68; Ord. No. 1437, § 1, 6-13-72; Ord. No. 1680, § 3, 7-11-72; Ord. No. 1768, § 3, 1-9-73; Ord. No. 2175, §§ 1, 2, 7-8-75; Ord. No. 2203, § 3, 10-28-75; Ord. No. 2459, § 3, 2-8-78; Ord. No. 2726, § 3, 4-22-80; Ord. No. 2879, § 5, 1-13-81; Ord. No. 2970, § 4, 8-11-81; Ord. No. 3705, § 15, 7-26-88; Ord. No. 4323, § 14, 5-1-97; Ord. No. 5195, § 1, 3-27-12; Ord. No. 5436, § 3, 2-13-18)

(1)

Rear yard. There shall be a rear yard in B-2 districts of not less than 10 feet in depth, all or part of which may be supplied by an alley as specified in sections 28-1294.

(2)

Front or street yards. Every plot shall be provided with a yard not less than 10 feet in depth, adjacent to all streets upon which the plot abuts subject to the provisions of section 28-1552.

(Ord. No. 253, § 14, 2-28-56; Ord. No. 278, § 1, 4-23-57; Ord. No. 390, § 1, 6-9-59; Ord. No. 408, § 1, 7-14-59; Ord. No. 431, 10-27-59; Ord. No. 923, § 1, 11-10-64; Ord. No. 1034, §§ 7, 8, 11-9-65; Ord. No. 1039, § 3, 11-30-65; Ord. No. 1157, §§ 9, 10, 11-1-66; Ord. No. 1285, § 4, 4-23-68; Ord. No. 1437, § 1, 6-13-72; Ord. No. 1680, § 3, 7-11-72; Ord. No. 1768, § 3, 1-9-73; Ord. No. 2175, §§ 1, 2, 7-8-75; Ord. No. 2203, § 3, 10-28-75; Ord. No. 2459, § 3, 2-8-78; Ord. No. 2726, § 3, 4-22-80; Ord. No. 2879, § 5, 1-13-81; Ord. No. 2970, § 4, 8-11-81; Ord. No. 3705, § 15, 7-26-88)

No building, structure, or part thereof, shall be erected or altered in a B-2 district to a height exceeding 50 feet.

(Ord. No. 253, § 14, 2-28-56; Ord. No. 278, § 1, 4-23-57; Ord. No. 390, § 1, 6-9-59; Ord. No. 408, § 1, 7-14-59; Ord. No. 431, 10-27-59; Ord. No. 923, § 1, 11-10-64; Ord. No. 1034, §§ 7, 8, 11-9-65; Ord. No. 1039, § 3, 11-30-65; Ord. No. 1157, §§ 9, 10, 11-1-66; Ord. No. 1285, § 4, 4-23-68; Ord. No. 1437, § 1, 6-13-72; Ord. No. 1680, § 3, 7-11-72; Ord. No. 1768, § 3, 1-9-73; Ord. No. 2175, §§ 1, 2, 7-8-75; Ord. No. 2203, § 3, 10-28-75; Ord. No. 2459, § 3, 2-8-78; Ord. No. 2726, § 3, 4-22-80; Ord. No. 2879, § 5, 1-13-81; Ord. No. 2970, § 4, 8-11-81; Ord. No. 3705, § 15, 7-26-88)

Each structure in a B-2 district housing a principal use shall not be less than 1,000 square feet in ground floor area.

(Ord. No. 253, § 14, 2-28-56; Ord. No. 278, § 1, 4-23-57; Ord. No. 390, § 1, 6-9-59; Ord. No. 408, § 1, 7-14-59; Ord. No. 431, 10-27-59; Ord. No. 923, § 1, 11-10-64; Ord. No. 1034, §§ 7, 8, 11-9-65; Ord. No. 1039, § 3, 11-30-65; Ord. No. 1157, §§ 9, 10, 11-1-66; Ord. No. 1285, § 4, 4-23-68; Ord. No. 1437, § 1, 6-13-72; Ord. No. 1680, § 3, 7-11-72; Ord. No. 1768, § 3, 1-9-73; Ord. No. 2175, §§ 1, 2, 7-8-75; Ord. No. 2203, § 3, 10-28-75; Ord. No. 2459, § 3, 2-8-78; Ord. No. 2726, § 3, 4-22-80; Ord. No. 2879, § 5, 1-13-81; Ord. No. 2970, § 4, 8-11-81; Ord. No. 3705, § 15, 7-26-88)

All development of land zoned B-2 with the PM FLU designation shall be subject to the B-2 district regulations in this division.

The purpose of this subset of the B-2 zoning district is to implement appropriate uses and mix of uses on the perimeter of areas that have been designated with a PM FLU designation within the city.

All development of land zoned B-2 with the PM FLU designation shall, in addition to all other regulations required in the B-2 zoning district, be subject to the following requirements:

(1)

The development application shall include a market study in support of the proposed development and specifically addressing the criteria enumerated in the comprehensive plan for the PM FLU designation.

(2)

The development application shall include specific standards and regulations evidencing the proposed development's consistency with the objectives of the PM future land use, including, but not limited to:

(a)

Promotion of convenience to residents;

(b)

Reduction of travel distances;

(c)

Conservation of energy;

(d)

Establishment of multi-modal public transit facilities;

(e)

Provision of pedestrian orientated amenities;

(f)

Provision of on-site pedestrian connectivity, enhanced pedestrian accessibility, enhanced pedestrian linkages, and increased sidewalk widths;

(g)

Provision for a design of shared parking;

(h)

Provision for transportation demand management strategies in accordance with chapter 23, article IV, division 8 of the city's Code of Ordinances; and

(i)

Promotion of the city's transit programs including, but not limited to, the payment of an annual contribution.

(3)

Applications for development in a B-2 zoning district with a PM FLU designation may, but are not required to, be submitted as a master plan (MP) application, which shall be processed in accordance with the procedures and requirements set forth in section 28-9. Applications for development in a B-2 zoning district with a PM FLU designation that include a phasing schedule will be required to include a MP application.

(a)

Applications for development as a MP application shall contain the following information in written and graphic form in such a format as approved by the city manager and/or his designee:

1.

A project development schedule of the MP phases, if any;

2.

The following quantitative data for the total MP and for each phase:

i.

Number of dwelling units by type;

ii.

Area size by type of dwelling unit or land use;

iii.

Total gross density and gross density by subarea for residential land uses;

iv.

Proposed height, setback and buffering regulations by land use, between different land uses, and by building type or dwelling unit type. These regulations will not be allowed to be modified from requirements of sections 28-799, 28-800, and 28-801;

v.

Proposed location, size and percentage of open space. A minimum of 25 percent of the net area of the master plan shall be open space;

vi.

Business office areas and location, if applicable;

vii.

Typical architectural sketches of proposed development types;

viii.

An environmental survey;

3.

Name and address of the owner of record;

4.

Name and address of the applicant;

5.

Date, north arrow, scale;

6.

Proposed MP name and name of each phase and MP plat;

7.

Proposed zoning changes required, if any;

8.

Legal description and survey map of the tract and all phase boundaries, made and certified by a state-registered land surveyor or engineer;

9.

Phasing of water and sewer utilities;

10.

Phasing of streets.

(b)

The MP application and the first plat application shall be processed simultaneously.

(c)

Planning and zoning board. The planning and zoning board shall hold a public hearing on the master plan (MP). Notice of the public hearing shall be provided as set forth in section 28-8.

1.

The board shall consider all aspects of the MP necessary to meet the intent and the requirements of this article and the comprehensive plan and shall also consider the recommendations and comments of the staff and the recommendations of other advisory boards.

2.

The board shall recommend approval, approval with modifications or conditions, or disapproval.

(d)

City council approval.

1.

The development services director and/or his designee shall forward to the city council copies of the MP and shall report the planning and zoning board's recommendation.

2.

The city council shall hold a public hearing of the MP and plat after receiving the planning and zoning board recommendation. Notice of the public hearing shall be provided as set forth in section 28-8.

3.

The city council shall either approve, approve with modifications or conditions, or deny the MP, or may refer the MP to any board of the city for further consideration. In making its decision, the city council shall consider all aspects of the MP necessary to meet the intent and requirements of this article and comprehensive plan. The city council shall consider the recommendations and comments of the city departments, planning and zoning board, and other city advisory boards. The city council shall make such investigations as may be deemed reasonably necessary to ensure the conformity with the intent and requirements of this article and comprehensive plan.

4.

City council approval of the MP shall establish at a minimum:

(i)

The location, size and tributary area of any commercial nodes;

(ii)

The general location and size of proposed parks, community facilities or business offices;

(iii)

General phasing of streets and water and sewer facilities;

(iv)

Height and setback regulations;

(v)

Any other appropriate conditions.

5.

Master plan approval shall not, however, limit the city's right to impose new, different or additional conditions at the time of tentative or final plat approval when and to the extent that such conditions are required as a result of material changes in the circumstances which form a factual basis for any determination or finding set forth in the MP and which conditions are authorized under the platting provisions of the city and are generally applied throughout the city.

(e)

If development proceeds according to the projected development schedule, a MP shall remain in effect until the projected development is completed. A MP shall not be allowed to lapse in order to avoid requirements imposed upon an applicant as a condition of MP approval.

(f)

No revisions to an approved master plan (MP) shall be permitted unless the MP is reapproved in the same manner as the original MP, provided that minor changes from the approved MP may be approved by the city council after a recommendation by the planning and zoning board. Minor changes are those changes which are necessary to make a prior MP approval consistent with the current provisions of this article or which do not alter the overall development characteristics of the MP. The city council shall be the sole judge of whether a requested change alters the overall development characteristics of the MP.

(g)

MP phases shall not rely upon future undeveloped phases for the provision of sufficient urban services including, but not limited to:

1.

A public potable water supply system.

2.

Water and fire hydrants for firefighting purposes.

3.

A sanitary sewage collection system.

4.

An electrical power distribution system.

5.

Roads for access by emergency vehicles and residents.

6.

Any other appropriate conditions.

(Ord. No. 5195, § 1, 3-27-12; Ord. No. 5600, § 20, 10-26-21; Ord. No. 5642, § 24, 1-10-23)

Editor's note— Ord. No. 5195, § 1, adopted March 27, 2012, amended the Code by renumbering former § 28-802 as a new § 28-803, and adding a new § 28-802.

The following are possible additional requirements in the B-2 district:

(Ord. No. 253, § 14, 2-28-56; Ord. No. 278, § 1, 4-23-57; Ord. No. 390, § 1, 6-9-59; Ord. No. 408, § 1, 7-14-59; Ord. No. 431, 10-27-59; Ord. No. 923, § 1, 11-10-64; Ord. No. 1034, §§ 7, 8, 11-9-65; Ord. No. 1039, § 3, 11-30-65; Ord. No. 1157, §§ 9, 10, 11-1-66; Ord. No. 1285, § 4, 4-23-68; Ord. No. 1437, § 1, 6-13-72; Ord. No. 1680, § 3, 7-11-72; Ord. No. 1768, § 3, 1-9-73; Ord. No. 2175, §§ 1, 2, 7-8-75; Ord. No. 2203, § 3, 10-28-75; Ord. No. 2459, § 3, 2-8-78; Ord. No. 2726, § 3, 4-22-80; Ord. No. 2879, § 5, 1-13-81; Ord. No. 2970, § 4, 8-11-81; Ord. No. 3705, § 15, 7-26-88; Ord. No. 5195, § 1, 3-27-12)

Editor's note— Former § 28-802. See editor's note, § 28-802.

The regulations in this division shall apply in all B-3 districts.

(Ord. No. 253, § 15, 2-28-56; Ord. No. 278, § 1, 4-23-57; Ord. No. 390, § 1, 6-9-59; Ord. No. 431, 10-27-59; Ord. No. 694, § 3, 7-10-62; Ord. No. 1034, § 9, 11-9-65; Ord. No. 1039, § 4, 11-30-65; Ord. No. 1265, § 1, 10-31-67; Ord. No. 1285, § 5, 4-23-68; Ord. No. 1438, § 1, 6-22-70; Ord. No. 1668, § 9, 6-13-72; Ord. No. 1680, § 2, 7-11-72; Ord. No. 1696, § 1, 8-8-72; Ord. No. 1768, § 4, 1-9-73; Ord. No. 2133, § 1, 4-22-75; Ord. No. 2459, § 4, 2-8-78; Ord. No. 2651, § 1, 8-14-79; Ord. No. 2708, § 2, 1-22-80; Ord. No. 2726, § 4, 4-22-80; Ord. No. 2879, § 6, 1-13-81; Ord. No. 2970, § 5, 8-11-81; Ord. No. 3705, § 16, 7-26-88)

In B-3 districts, no building, structure, land, or part thereof shall be erected, altered or used in whole or in part for other than 1 or more of the following specified uses:

(a)

Business, professional and governmental offices.

(b)

Banks and financial institutions.

(c)

Duplicating, copying, letter and secretarial service establishments.

(d)

Post offices and governmental buildings.

(e)

Places of public assembly.

(f)

Child care and adult care centers subject to provisions of section 28-1416 et seq.

(g)

Bowling alleys and billiard parlors.

(h)

Bus stations or passenger terminals for local transportation facilities, not including open-air storage and repairs of vehicles.

(i)

Laundry and drycleaning pickup shops, and drycleaning and pressing establishments which:

1.

Use only nontoxic and nonflammable fluorocarbon solvents in equipment which requires no venting or emissions of fumes or gases into the atmosphere;

2.

Utilize a total of not more than 5 full- or part-time employees; and

3.

Utilize no pickup or delivery facilities to the establishment except those from members of the consuming public seeking the service at the site of the establishment.

(j)

Retail stores.

(k)

Personal service shops.

(l)

Bakeries and similar businesses for the preparation of food to be sold at retail on the premises, not including wholesale distributions and subject to section 28-1326 et seq.

(m)

Vending machines in an enclosed structure.

(n)

Parking structures and lots.

(o)

Helistops and heliports, as herein defined, subject to the provisions of section 28-1451 et seq.

(p)

Motor fuel stations (service stations), subject to provisions of section 28-1386 et seq.

(q)

Auction houses for jewelry, art goods, and household furnishings.

(r)

Repair shops for appliances and bicycles within a fully enclosed building.

(s)

Pet shops, including grooming but not including boarding. Subject to the provisions of section 28-1326 et seq.

(t)

Retail pharmacies and medical marijuana treatment center dispensing facilities, subject to the requirements and limitations set forth in section 28-1312.

(u)

Uses accessory to any of the above uses, including living quarters for the owner or operator and outdoor storage of passenger cars, panel or pickup trucks used in the business or items otherwise provided for as a permitted use. Outdoor display or storage of merchandise or equipment is prohibited, and all such existing display or storage shall conform with this provision within 6 months from June 22, 1970.

(v)

Restaurants, subject to the provisions of section 4-3, if applicable; provided, however, any restaurant which includes a dance floor or dancing area shall require conditional use approval pursuant to section 28-823(a).

(w)

Those uses set forth in sections 28-1305(a) and (b).

(Ord. No. 253, § 15, 2-28-56; Ord. No. 278, § 1, 4-23-57; Ord. No. 390, § 1, 6-9-59; Ord. No. 431, 10-27-59; Ord. No. 694, § 3, 7-10-62; Ord. No. 1034, § 9, 11-9-65; Ord. No. 1039, § 4, 11-30-65; Ord. No. 1265, § 1, 10-31-67; Ord. No. 1285, § 5, 4-23-68; Ord. No. 1438, § 1, 6-22-70; Ord. No. 1668, § 9, 6-13-72; Ord. No. 1680, § 2, 7-11-72; Ord. No. 1696, § 1, 8-8-72; Ord. No. 1768, § 4, 1-9-73; Ord. No. 2133, § 1, 4-22-75; Ord. No. 2459, § 4, 2-8-78; Ord. No. 2651, § 1, 8-14-79; Ord. No. 2708, § 2, 1-22-80; Ord. No. 2726, § 4, 4-22-80; Ord. No. 2879, § 6, 1-13-81; Ord. No. 2970, § 5, 8-11-81; Ord. No. 3705, § 16, 7-26-88; Ord. No. 4290, § 17, 10-29-96; Ord. No. 5040, § 17, 9-9-08; Ord. No. 5392, § 8, 5-23-17; Ord. No. 5436, § 4, 2-13-18; Ord. No. 5513, § 6, 2-11-20; Ord. No. 5555, § 19, 1-26-21)

Cross reference— Supplementary district regulations for automotive service stations, § 28-1386 et seq.; supplementary district regulations for child care and adult care centers, § 28-1416 et seq.; supplementary district regulations for helistops and heliports, § 28-1451 et seq.

Conditional use approval may be requested by the owner of the property in B-3 districts for the following uses in accordance with division 4 of article II:

(a)

Any restaurant which includes a dance floor or dancing area.

(b)

Bars, nightclubs and drinking establishments, subject to the provisions of section 4-3, if applicable.

(Ord. No. 253, § 15, 2-28-56; Ord. No. 278, § 1, 4-23-57; Ord. No. 390, § 1, 6-9-59; Ord. No. 431, 10-27-59; Ord. No. 694, § 3, 7-10-62; Ord. No. 1034, § 9, 11-9-65; Ord. No. 1039, § 4, 11-30-65; Ord. No. 1265, § 1, 10-31-67; Ord. No. 1285, § 5, 4-23-68; Ord. No. 1438, § 1, 6-22-70; Ord. No. 1668, § 9, 6-13-72; Ord. No. 1680, § 2, 7-11-72; Ord. No. 1696, § 1, 8-8-72; Ord. No. 1768, § 4, 1-9-73; Ord. No. 2133, § 1, 4-22-75; Ord. No. 2459, § 4, 2-8-78; Ord. No. 2651, § 1, 8-14-79; Ord. No. 2708, § 2, 1-22-80; Ord. No. 2726, § 4, 4-22-80; Ord. No. 2879, § 6, 1-13-81; Ord. No. 2970, § 5, 8-11-81; Ord. No. 3705, § 16, 7-26-88; Ord. No. 4323, § 15, 5-1-97; Ord. No. 5436, § 4, 2-13-18)

(1)

Rear yard. There shall be a rear yard in B-3 districts of not less than 10 feet in depth, all or part of which may be supplied by an alley as specified in section 28-1294.

(2)

Front or street yard. Every plot shall be provided with a yard not less than 10 feet in depth adjacent to all streets upon which the plot abuts, subject to the provisions of section 28-1552.

(Ord. No. 253, § 15, 2-28-56; Ord. No. 278, § 1, 4-23-57; Ord. No. 390, § 1, 6-9-59; Ord. No. 431, 10-27-59; Ord. No. 694, § 3, 7-10-62; Ord. No. 1034, § 9, 11-9-65; Ord. No. 1039, § 4, 11-30-65; Ord. No. 1265, § 1, 10-31-67; Ord. No. 1285, § 5, 4-23-68; Ord. No. 1438, § 1, 6-22-70; Ord. No. 1668, § 9, 6-13-72; Ord. No. 1680, § 2, 7-11-72; Ord. No. 1696, § 1, 8-8-72; Ord. No. 1768, § 4, 1-9-73; Ord. No. 2133, § 1, 4-22-75; Ord. No. 2459, § 4, 2-8-78; Ord. No. 2651, § 1, 8-14-79; Ord. No. 2708, § 2, 1-22-80; Ord. No. 2726, § 4, 4-22-80; Ord. No. 2879, § 6, 1-13-81; Ord. No. 2970, § 5, 8-11-81; Ord. No. 3705, § 16, 7-26-88)

No building, structure, or part thereof shall be erected or altered in a B-3 district to a height exceeding 100 feet; provided, that in those areas lying within 150 feet of a single-family residential district the height shall not exceed 50 feet.

(Ord. No. 253, § 15, 2-28-56; Ord. No. 278, § 1, 4-23-57; Ord. No. 390, § 1, 6-9-59; Ord. No. 431, 10-27-59; Ord. No. 694, § 3, 7-10-62; Ord. No. 1034, § 9, 11-9-65; Ord. No. 1039, § 4, 11-30-65; Ord. No. 1265, § 1, 10-31-67; Ord. No. 1285, § 5, 4-23-68; Ord. No. 1438, § 1, 6-22-70; Ord. No. 1668, § 9, 6-13-72; Ord. No. 1680, § 2, 7-11-72; Ord. No. 1696, § 1, 8-8-72; Ord. No. 1768, § 4, 1-9-73; Ord. No. 2133, § 1, 4-22-75; Ord. No. 2459, § 4, 2-8-78; Ord. No. 2651, § 1, 8-14-79; Ord. No. 2708, § 2, 1-22-80; Ord. No. 2726, § 4, 4-22-80; Ord. No. 2879, § 6, 1-13-81; Ord. No. 2970, § 5, 8-11-81; Ord. No. 3705, § 16, 7-26-88)

Each structure housing a permitted or combination of permitted uses shall not be less than 4,000 square feet of floor area on any 1 floor. Motorcar fuel service stations shall be exempt from the provisions of this section.

(Ord. No. 253, § 15, 2-28-56; Ord. No. 278, § 1, 4-23-57; Ord. No. 390, § 1, 6-9-59; Ord. No. 431, 10-27-59; Ord. No. 694, § 3, 7-10-62; Ord. No. 1034, § 9, 11-9-65; Ord. No. 1039, § 4, 11-30-65; Ord. No. 1265, § 1, 10-31-67; Ord. No. 1285, § 5, 4-23-68; Ord. No. 1438, § 1, 6-22-70; Ord. No. 1668, § 9, 6-13-72; Ord. No. 1680, § 2, 7-11-72; Ord. No. 1696, § 1, 8-8-72; Ord. No. 1768, § 4, 1-9-73; Ord. No. 2133, § 1, 4-22-75; Ord. No. 2459, § 4, 2-8-78; Ord. No. 2651, § 1, 8-14-79; Ord. No. 2708, § 2, 1-22-80; Ord. No. 2726, § 4, 4-22-80; Ord. No. 2879, § 6, 1-13-81; Ord. No. 2970, § 5, 8-11-81; Ord. No. 3705, § 16, 7-26-88)

The following are possible additional requirements in the B-3 district:

(Ord. No. 253, § 15, 2-28-56; Ord. No. 278, § 1, 4-23-57; Ord. No. 390, § 1, 6-9-59; Ord. No. 431, 10-27-59; Ord. No. 694, § 3, 7-10-62; Ord. No. 1034, § 9, 11-9-65; Ord. No. 1039, § 4, 11-30-65; Ord. No. 1265, § 1, 10-31-67; Ord. No. 1285, § 5, 4-23-68; Ord. No. 1438, § 1, 6-22-70; Ord. No. 1668, § 9, 6-13-72; Ord. No. 1680, § 2, 7-11-72; Ord. No. 1696, § 1, 8-8-72; Ord. No. 1768, § 4, 1-9-73; Ord. No. 2133, § 1, 4-22-75; Ord. No. 2459, § 4, 2-8-78; Ord. No. 2651, § 1, 8-14-79; Ord. No. 2708, § 2, 1-22-80; Ord. No. 2726, § 4, 4-22-80; Ord. No. 2879, § 6, 1-13-81; Ord. No. 2970, § 5, 8-11-81; Ord. No. 3705, § 16, 7-26-88)

The regulations in this division shall apply in all B-4 districts.

(Ord. No. 253, § 16, 2-28-56; Ord. No. 278, § 1, 4-23-57; Ord. No. 425, § 2, 9-22-59; Ord. No. 431, § 2, 10-27-59; Ord. No. 670, § 1, 11-28-61; Ord. No. 696, § 1, 7-17-62; Ord. No. 699, § 1, 7-31-62; Ord. No. 923, § 1, 11-10-64; Ord. No. 974, § 1, 6-1-65; Ord. No. 1034, §§ 10, 11, 11-9-65; Ord. No. 1039, § 5, 11-30-65; Ord. No. 1265, § 2, 10-31-67; Ord. No. 1285, § 6, 4-23-68; Ord. No. 1439, § 1, 6-22-70; Ord. No. 1680, § 3, 7-11-72; Ord. No. 2879, § 7, 1-13-81; Ord. No. 2970, § 6, 8-11-81; Ord. No. 3625, § 2, 4-28-87)

In B-4 districts, no building, structure, land, or part thereof shall be erected, altered or used in whole or in part for other than 1 or more of the following specified uses:

(a)

Any use permitted in a B-2 district.

(b)

New boat sales and service in a fully enclosed building.

(c)

Upholstering shops.

(d)

Printing and engraving shops, newspaper publishing plants.

(e)

Wholesale display and sale of new merchandise and products within a fully enclosed building without warehousing of same.

(f)

Car washes, subject to the requirements and limitations set forth in section 28-1319.

(g)

Nurseries and garden shops including outdoor display and storage of growing plants, provided that packaging, processing and storage of materials, other than growing plants, is screened so as not to be visible off the premises.

(h)

Veterinarian clinics, pet shops, grooming parlors and boarding kennels provided that each operation and/or any combination is contained within a fully enclosed air conditioned building and same conforms to section 28-1326 et seq.

(i)

Uses accessory to any of the above uses, including living quarters for the owner or operator and outdoor storage of passenger cars, panel or pickup trucks used in the business or items otherwise provided for as a permitted use. Outdoor display or storage of merchandise or equipment is prohibited, except as provided in section 28-1309.

(j)

Personal service shops.

(k)

Telecom web-hosting facilities.

(l)

Restaurants, subject to the provisions of section 4-3, if applicable; provided, however, any restaurant which includes a dance floor or dancing area shall require conditional use approval pursuant to section 28-848(a).

(m)

Those uses set forth in sections 28-1305(a) and (b).

(Ord. No. 253, § 16, 2-28-56; Ord. No. 278, § 1, 4-23-57; Ord. No. 425, § 2, 9-22-59; Ord. No. 431, § 2, 10-27-59; Ord. No. 670, § 1, 11-28-61; Ord. No. 696, § 1, 7-17-62; Ord. No. 699, § 1, 7-31-62; Ord. No. 923, § 1, 11-10-64; Ord. No. 974, § 1, 6-1-65; Ord. No. 1034, §§ 10, 11, 11-9-65; Ord. No. 1039, § '5, 11-30-65; Ord. No. 1265, § 2, 10-31-67; Ord. No. 1285, § 6, 4-23-68; Ord. No. 1439, § 1, 6-22-70; Ord. No. 1680, § 3, 7-11-72; Ord. No. 2879, § 7, 1-13-81; Ord. No. 2970, § 6, 8-11-81; Ord. No. 3625, § 2, 4-28-87; Ord. No. 4573, § 5, 4-10-01; Ord. No. 5436, § 5, 2-13-18; Ord. No. 5555, § 20, 1-26-21; Ord. No. 5615, § 17, 7-26-22; Ord. No. 5701, § 2, 10-22-24)

Conditional use approval may be requested by the owner of the property in B-4 districts for the following uses in accordance with division 4 of article II:

(a)

Any restaurant which includes a dance floor or dancing area.

(b)

Bars, nightclubs and drinking establishments, subject to the provisions of section 4-3, if applicable.

(c)

New car agencies, in accordance with section 28-1302.

(d)

Used car agencies in fully enclosed buildings.

(Ord. No. 253, § 16, 2-28-56; Ord. No. 278, § 1, 4-23-57; Ord. No. 425, § 2, 9-22-59; Ord. No. 431, § 2, 10-27-59; Ord. No. 670, § 1, 11-28-61; Ord. No. 696, § 1, 7-17-62; Ord. No. 699, § 1, 7-31-62; Ord. No. 923, § 1, 11-10-64; Ord. No. 974, § 1, 6-1-65; Ord. No. 1034, §§ 10, 11, 11-9-65; Ord. No. 1039, § '5, 11-30-65; Ord. No. 1265, § 2, 10-31-67; Ord. No. 1285, § 6, 4-23-68; Ord. No. 1439, § 1, 6-22-70; Ord. No. 1680, § 3, 7-11-72; Ord. No. 2879, § 7, 1-13-81; Ord. No. 2970, § 6, 8-11-81; Ord. No. 3625, § 2, 4-28-87; Ord. No. 4323, § 16, 5-1-97; Ord. No. 5436, § 5, 2-13-18)

(1)

Rear yard. There shall be a rear yard in B-4 districts not less than 10 feet in depth, all or part of which may be supplied by an alley as specified in section 28-1294.

(2)

Front or street yards. Every plot shall be provided with a yard not less than 10 feet in depth adjacent to all streets upon which the plot abuts, subject to the provisions of section 28-1552.

(Ord. No. 253, § 16, 2-28-56; Ord. No. 278, § 1, 4-23-57; Ord. No. 425, § 2, 9-22-59; Ord. No. 431, § 2, 10-27-59; Ord. No. 670, § 1, 11-28-61; Ord. No. 696, § 1, 7-17-62; Ord. No. 699, § 1, 7-31-62; Ord. No. 923, § 1, 11-10-64; Ord. No. 974, § 1, 6-1-65; Ord. No. 1034, §§ 10, 11, 11-9-65; Ord. No. 1039, § '5, 11-30-65; Ord. No. 1265, § 2, 10-31-67; Ord. No. 1285, § 6, 4-23-68; Ord. No. 1439, § 1, 6-22-70; Ord. No. 1680, § 3, 7-11-72; Ord. No. 2879, § 7, 1-13-81; Ord. No. 2970, § 6, 8-11-81; Ord. No. 3625, § 2, 4-28-87)

No building or structure, or part thereof, shall be erected or altered in a B-4 district to a height exceeding 50 feet.

(Ord. No. 253, § 16, 2-28-56; Ord. No. 278, § 1, 4-23-57; Ord. No. 425, § 2, 9-22-59; Ord. No. 431, § 2, 10-27-59; Ord. No. 670, § 1, 11-28-61; Ord. No. 696, § 1, 7-17-62; Ord. No. 699, § 1, 7-31-62; Ord. No. 923, § 1, 11-10-64; Ord. No. 974, § 1, 6-1-65; Ord. No. 1034, §§ 10, 11, 11-9-65; Ord. No. 1039, § '5, 11-30-65; Ord. No. 1265, § 2, 10-31-67; Ord. No. 1285, § 6, 4-23-68; Ord. No. 1439, § 1, 6-22-70; Ord. No. 1680, § 3, 7-11-72; Ord. No. 2879, § 7, 1-13-81; Ord. No. 2970, § 6, 8-11-81; Ord. No. 3625, § 2, 4-28-87)

Each structure in a B-4 district housing a principal use shall not be less than 1,000 square feet in ground floor area.

(Ord. No. 253, § 16, 2-28-56; Ord. No. 278, § 1, 4-23-57; Ord. No. 425, § 2, 9-22-59; Ord. No. 431, § 2, 10-27-59; Ord. No. 670, § 1, 11-28-61; Ord. No. 696, § 1, 7-17-62; Ord. No. 699, § 1, 7-31-62; Ord. No. 923, § 1, 11-10-64; Ord. No. 974, § 1, 6-1-65; Ord. No. 1034, §§ 10, 11, 11-9-65; Ord. No. 1039, § '5, 11-30-65; Ord. No. 1265, § 2, 10-31-67; Ord. No. 1285, § 6, 4-23-68; Ord. No. 1439, § 1, 6-22-70; Ord. No. 1680, § 3, 7-11-72; Ord. No. 2879, § 7, 1-13-81; Ord. No. 2970, § 6, 8-11-81; Ord. No. 3625, § 2, 4-28-87)

The following are possible additional requirements in the B-4 district:

(Ord. No. 253, § 16, 2-28-56; Ord. No. 278, § 1, 4-23-57; Ord. No. 425, § 2, 9-22-59; Ord. No. 431, § 2, 10-27-59; Ord. No. 670, § 1, 11-28-61; Ord. No. 696, § 1, 7-17-62; Ord. No. 699, § 1, 7-31-62; Ord. No. 923, § 1, 11-10-64; Ord. No. 974, § 1, 6-1-65; Ord. No. 1034, §§ 10, 11, 11-9-65; Ord. No. 1039, § '5, 11-30-65; Ord. No. 1265, § 2, 10-31-67; Ord. No. 1285, § 6, 4-23-68; Ord. No. 1439, § 1, 6-22-70; Ord. No. 1680, § 3, 7-11-72; Ord. No. 2879, § 7, 1-13-81; Ord. No. 2970, § 6, 8-21-81; Ord. No. 3625, § 2, 4-28-87)

The regulations in this division shall apply in all C-1 districts.

(Ord. No. 253, § 17, 2-28-56; Ord. No. 278, § 1, 4-23-57; Ord. No. 390, § 1, 6-9-59; Ord. No. 553, 6-28-60; Ord. No. 972, § 1, 5-11-65; Ord. No. 1034, §§ 12, 13, 11-9-65; Ord. No. 1039, § 6, 11-30-65; Ord. No. 1210, § 1, 4-18-67; Ord. No. 1265, § 3, 10-31-67; Ord. No. 1285, § 7, 4-23-68; Ord. No. 1668, § 10, 6-13-72; Ord. No. 1680, § 3, 7-11-72; Ord. No. 2879, § 8, 1-31-81; Ord. No. 2970, § 7, 8-11-81; Ord. No. 3615, § 3, 4-28-87; Code 1966, § 25-77)

In C-1 districts, no building, structure, land, or part thereof shall be erected, altered or used in whole or in part for other than 1 or more of the following specified uses:

(a)

Any use permitted in a B-4 district.

(b)

Car, truck or trailer service or repair garages.

(c)

Machinery sales, farm implement sales, construction equipment sales.

(d)

Tire vulcanizing and recapping with no open storage.

(e)

Battery repair with no open storage.

(f)

Food catering establishments.

(g)

Warehouses and storage buildings; provided, however that "self-storage facilities" (which are a type of storage building) shall be subject to the distance separation requirement set forth in section 28-1310(4)(a).

(h)

Railroad, freight and passenger stations.

(i)

Railroad transfer and storage trucks.

(j)

Produce markets.

(k)

Drycleaning and dyeing.

(l)

Carpet cleaning.

(m)

Laundries.

(n)

Personal service shops.

(o)

Auto laundries.

(p)

Creameries.

(q)

Soft drink bottling.

(r)

Frozen food lockers for individual or family use.

(s)

Animal hospitals, veterinarians, pet shops and similar businesses.

(t)

Car, truck and nonhabitable trailer rentals.

(u)

Boatbuilding and boat repair.

(v)

Bakeries.

(w)

Sale and incidental bulk storage of lumber, and building supplies in a completely enclosed building or within an area enclosed on all sides with a solid wall or fence at least 8 feet in height.

(x)

Plumbing shops.

(y)

Sign painting and sign shops.

(z)

Newspaper, magazine distributor.

(aa)

Uses accessory to any of the above permitted uses, including living quarters for the owner or operator of a permitted use.

(bb)

Shooting galleries, penny arcades, amusement devices.

(cc)

Armories, dance halls.

(dd)

Taxidermist.

(ee)

Miniature golf courses, pony tracks.

(ff)

Research and testing laboratories.

(gg)

Motorcar fuel service stations (filling stations), subject to the provisions of section 28-1386 et seq.

(hh)

Helistops, as herein defined, subject to the provisions of section 28-1451 et seq.

(ii)

Telecom web-hosting facilities.

(jj)

Self-storage facility (interior storage unit access), subject to the provisions of section 28-1310.

(kk)

Restaurants, subject to the provisions of section 4-3, if applicable; provided, however, any restaurant which includes a dance floor or dancing area shall require conditional use approval pursuant to section 28-873(a).

(ll)

Those uses set forth in sections 28-1305(a) and (b).

(Code 1966, § 25-77(A); Ord. No. 4573, § 6, 4-10-01; Ord. No. 5369, § 2, 5-23-17; Ord. No. 5436, § 6, 2-13-18; Ord. No. 5555, § 21, 1-26-21)

Editor's note— Ord. No. 5436, § 6, adopted Feb. 13, 2018, set out provisions adding subsection 28-872(jj). To preserve the existing subsection 28-872(jj), and at the editor's discretion, said provisions have been included herein as subsection 28-872(kk).

Conditional use approval may be requested by the owner of the property in C-1 districts for the following uses in accordance with division 4 of article II:

(a)

Any restaurant which includes a dance floor or dancing area.

(b)

Bars, nightclubs and drinking establishments, subject to the provisions of section 4-3, if applicable.

(c)

New or used car agencies in accordance with section 28-1302.

(d)

Self-storage facility (interior storage unit access) subject to the provisions of section 28-1310.

(Code 1966, § 25-77(B); Ord. No. 4323, § 17, 5-1-97; Ord. No. 5369, § 3, 5-23-17; Ord. No. 5436, § 6, 2-13-18)

No building or structure, or part thereof, shall be erected or altered in a C-1 district to a height exceeding 4 stories or 50 feet.

(Code 1966, § 25-77(C))

Each structure in a C-1 district housing a principal use shall be not less than 1,000 square feet in ground floor area.

(Code 1966, § 25-77(D))

The symbol "POI" shall refer to the professional, office and institutional district and shall be used to designate all land so zoned. The purpose of this zoning district is to establish areas of primarily office uses and compatible ancillary uses designed as support functions. Major areas of implementation should include highway-oriented locations and should encompass larger tracts of land.

(Ord. No. 2631, § 2, 6-5-79; Ord. No. 2720, § 1, 1-22-80)

All POI-zoned land shall be developed in accordance with the development parameters contained in this division.

(Ord. No. 2631, § 2, 6-5-79; Ord. No. 2720, § 1, 1-22-80; Ord. No. 3705, § 25, 7-26-88)

In POI districts, no building, structure, land, or part thereof shall be erected, altered or used in whole or in part for other than 1 of the following specified uses:

(a)

Banks and financial institutions.

(b)

Business and professional offices.

(c)

Duplicating, blueprinting, copying, letter or secretarial service establishments.

(d)

Radio or television studios or stations, except freestanding antennas.

(e)

Business, trade, technical or secretarial schools that limit their enrollment to persons predominantly 18 years of age or older.

(f)

Medical clinics, which may include as accessory uses: (i) retail pharmacies and (ii) medical marijuana treatment center dispensing facilities. Any such accessory retail pharmacy or medical marijuana treatment center dispensing facility shall be subject to the requirements and limitations set forth in section 28-1312.

(g)

Travel agencies.

(h)

Brokerage establishments, including watercraft, aviation and motor vehicles, without on-premises storage of items which are brokered, except that securities brokers may store securities brokered by them on the premises.

(i)

Art dealers and galleries without public auctions on the premises.

(j)

Barbershops and beauty salons.

(k)

Telephone answering services.

(l)

Computer services.

(m)

Child care and adult care centers subject to provisions of section 28-1416 et seq.

(n)

Uses accessory or incidental to permitted uses, including, but not limited to, newsstands, snack bars, tobacco stands, vending machines, and drop-off and pick-up laundry and dry cleaning establishments without processing on the premises. All accessory or incidental uses shall be located within structures predominantly devoted to permitted uses, and no accessory or incidental use shall be provided with an exclusive exterior public entrance or any exterior sign.

(o)

Telecom web-hosting facilities.

(p)

Restaurants located within structures predominantly devoted to other permitted uses. For purposes of this subsection, "predominantly" shall mean occupying at least 75 percent of the structure within which the restaurant is located at the time of approval.

(q)

Those uses set forth in sections 28-1305(a) and (b).

(Ord. No. 2631, § 2, 6-5-79; Ord. No. 2720, § 1, 1-22-80; Ord. No. 3705, § 25, 7-26-88; Ord. No. 4192, § 1, 1-24-95; Ord. No. 4290, § 18, 10-29-96; Ord. No. 4573, § 7, 4-10-01; Ord. No. 5436, § 7, 2-13-18; Ord. No. 5513, § 7, 2-11-20; Ord. No. 5555, § 22, 1-26-21)

Cross reference— Supplementary district regulations for child care and adult care centers, § 28-1416 et seq.

Conditional use approval may be requested by the owner of the property in POI districts for the following uses in accordance with division 4 of article II:

(a)

Places of public assembly.

(b)

Laboratories for analysis and research.

(c)

Motorcar fuel service stations (filling stations), subject to the provisions of section 28-1386 et seq.

(d)

Governmental offices and post offices.

(e)

Health spas and fitness clinics.

(Ord. No. 2631, § 2, 6-5-79; Ord. No. 2720, § 1, 1-22-80; Ord. No. 3705, § 25, 7-26-88; Ord. No. 4192, § 2, 1-24-95; Ord. No. 4323, §§ 18, 19, 5-1-97; Ord. No. 5040, § 18, 9-9-08; Ord. No. 5436, § 7, 2-13-18)

Cross reference— Supplementary district regulations for automotive service stations, § 28-1386 et seq.

The following uses are prohibited in POI districts:

(a)

Schools or other educational uses for persons predominantly under the age of 18.

(b)

All outdoor storage, even if incidental or accessory to any permitted use, including, without limitation, the outdoor storage of motor vehicles, unless the motor vehicles or other stored materials are screened from off-premises view by a fence, wall or hedge constructed or planted and maintained subject to the requirements of section 28-1356.

(Ord. No. 2631, § 2, 6-5-79; Ord. No. 2720, § 1, 1-22-80; Ord. No. 3705, § 25, 7-26-88)

Every plot in POI districts shall be not less than 100 feet in width and 200 feet in depth and 20,000 square feet in area. Where the actual depth of a plot is less than 200 feet, the minimum plot depth established hereunder shall be the actual depth of such plot, provided that such actual depth was not created by property transfers, the principal purpose of which was to avoid or circumvent the 200-foot minimum depth requirement; in such cases, however, the minimum area requirement shall be met.

(Ord. No. 2631, § 2, 6-5-79; Ord. No. 2720, § 1, 1-22-80; Ord. No. 3705, § 25, 7-26-88)

(1)

Each building in a POI district shall contain not less than 4,000 square feet in ground floor area, except motorcar-fuel service stations (filling stations), which may contain not less than 2,000 square feet in ground floor area.

(2)

Except for a building devoted exclusively to bank, financial institution or motorcar fuel service station (filling station) uses, there shall be no more than 1 exterior public entrance for each 1,000 square feet of ground floor area. An exterior public entrance shall serve a floor area of at least 700 square feet. Provided, however, this subsection shall not be interpreted or applied to limit the number of exterior public entrances designed and maintained exclusively for fire exits which are available only for emergency exit, or for service entrances which are not generally available to the public.

(Ord. No. 2631, § 2, 6-5-79; Ord. No. 2720, § 1, 1-22-80; Ord. No. 3705, § 25, 7-26-88)

No building or structure, or part thereof, shall be erected or altered in a POI district to a height exceeding 50 feet.

(Ord. No. 2631, § 2, 6-5-79; Ord. No. 2720, § 1, 1-22-80; Ord. No. 3705, § 25, 7-26-88)

(1)

Street yards.

(a)

All POI plots shall have street yards not less than 30 feet in depth.

(b)

The 30 feet of each street yard commencing from the property line shall be landscaped as provided herein.

(2)

Side yards.

(a)

All yards abutting street yards shall be considered side yards.

(b)

A side yard shall not be less than 10 feet in width.

(c)

Whenever a building or structure exceeds 35 feet in height, the side yards shall be increased by 1 foot for each additional 2 feet, or portion thereof, in building height in excess of 35 feet.

(d)

The first 10 feet of the side yard commencing from the property line shall be landscaped as provided herein.

(e)

Whenever a side yard directly abuts a residential district without any separation such as a street, alley or other public open space, the side yard shall be increased to a width of not less than 50 feet.

(3)

Rear yards.

(a)

All yards which are not street yards or side yards shall be considered rear yards.

(b)

Each rear yard shall not be less than 25 feet in width.

(c)

Whenever a building exceeds 35 feet in height, the rear yard shall be increased 1 foot for each additional 5 feet, or portion thereof, in building height in excess of 35 feet.

(d)

The first 10 feet of the rear yard commencing on the property line shall be landscaped as provided herein.

(e)

Whenever a rear yard directly abuts a residential district without any separation such as a street, alley or other public open space, the rear yard shall be increased to a width of not less than 50 feet.

(Ord. No. 2631, § 2, 6-5-79; Ord. No. 2720, § 1, 1-22-80; Ord. No. 3705, § 25, 7-26-88)

All yards, or portions of yards, in POI districts required to be landscaped shall be improved by the planting of lawns, flower beds, shrubs, hedges, trees or other types of landscaping. Any swale abutting a landscaped yard shall be landscaped, at a minimum, with grass. All landscaping, including swale areas, shall be maintained in a healthy growing condition, neat and orderly in appearance, and kept free from refuse and debris. All landscaping shall be so arranged and maintained as not to obscure the vision of traffic or hide fire hydrants. All landscaping or modifications to landscaping shall be approved in accordance with all applicable landscaping requirements set forth in this Code. No vehicles shall be parked, nor shall parking be provided for vehicles, in the portions of yards or swales required to be landscaped; provided, however, necessary driveways, sidewalks and bikeways may cross the landscaped portions of yards.

(Ord. No. 2631, § 2, 6-5-79; Ord. No. 2720, § 1, 1-22-80; Ord. No. 3705, § 25, 7-26-88; Ord. No. 5706, § 30, 10-22-24)

Whenever a POI plot directly abuts any single-family or multifamily residential district (R-1 through R-5) without any division or separator between them such as a street, alley or other public open space, walls and berming shall be constructed subject to the following additional requirements:

(a)

Solid walls shall have a decorative surface on both sides.

(b)

Masonry walls using concrete blocks or similar construction, with voids or openings of a decorative pattern, shall have finish on all surfaces, and the voids or openings shall not be in excess of 25 square inches per void or opening, nor shall the total area of voids or openings be in excess of 30 percent of the wall surface.

(c)

No wall shall be constructed with precast concrete louvers.

(d)

No signs or other advertising material shall be placed on the wall.

(e)

No hazardous materials shall be placed on top or imbedded in the walls.

(f)

No walls or fences shall be built in utility easements, except when crossing a utility easement at approximately a right angle.

(Ord. No. 2631, § 2, 6-5-79; Ord. No. 2720, § 1, 1-22-80; Ord. No. 3705, § 25, 7-26-88; Ord. No. 5706, § 31, 10-22-24)

The following PMD regulations shall be applicable:

(a)

Eligibility. The development parameters hereinafter set forth in this section shall apply to lands which are:

(1)

Zoned POI;

(2)

Designated as PM on the future land use map on the city's comprehensive plan and located within the midtown planned mobility subarea, as defined in section 28-937(e)(2); and

(3)

Approved for development pursuant to chapter 28, article XVII, division 8, planned mobility development ("PMD") subject to the specific development parameters of this division.

For PMD developments, the zoning regulations for the POI zoning district apply, provided, however, in the event of conflict between these PMD regulations and provisions of the POI zoning district or other provisions of the city, the provisions of these PMD regulations shall control to the extent of such conflict.

(b)

Non-PMD. Nothing in this section or in chapter 28, article XVII, division 8, planned mobility development shall require lands zoned POI and eligible for development as a PMD pursuant to subsection (a) to exist, develop or redevelop as a PMD. All such lands may exist, develop or redevelop under the non-PMD provisions of this division.

(c)

Modification of development standards. In order to encourage innovative design solutions that promote planned mobility strategies, the development parameters and design standards of this section and the underlying zoning may be reasonably modified by city council (or the planning and zoning board when authorized to approve a PMD hereunder) based upon satisfaction of the requirements for modification in the Code applicable to PD regulations and upon a finding that the modified design will create a more walkable/mobility enhanced built environment than if the development parameter or design standard is maintained. Provided, however, height, intensity, floor area ratio, and total square feet of development shall not be modified.

(d)

Approval process. Notwithstanding any other provision of this Code (including but not limited to provisions of this division or provisions of section 28-1848), a proposed PMD in the POI district may be considered and acted upon by the planning and zoning board pursuant to section 28-54, provided that (i) the proposed PMD includes only 1 phase, (ii) the proposed PMD meets all applicable PMD regulations, and (iii) no modification of development parameters are proposed. Otherwise, the proposed PMD shall be subject to the review and approval process set forth in section 28-1848.

(e)

Intensity. The intensity (floor area ratio) of a PMD shall be subject to the limitations for the POI zoning district as set forth in section 28-307.

(f)

Building height. The maximum building height within a PMD shall be subject to the maximum building heights in the POI zoning district.

(g)

A PMD development in the POI district shall be subject to the provisions of subsections (e) and subsections (h) through (q) of section 28-937.

(Ord. No. 5476, § 4, 1-8-19)

The following regulations in this division shall apply in all MC medical center districts.

(Ord. No. 1358, § 2, 7-1-69; Ord. No. 15-19, § 1, 12-22-70; Ord. No. 1668, § 13, 6-13-72; Ord. No. 3083, § 1, 4-27-82; Ord. No. 3356, § 1, 11-13-84; Ord. No. 3581, § 2, 10-14-86; Ord. No. 3705, § 23, 7-26-88)

In MC districts, no building, structure, land, or part thereof shall be erected, altered or used in whole or in part for other than 1 or more of the following specified uses:

(a)

Places of worship.

(b)

Offices for doctors, dentists and opticians.

(c)

Hospitals, convalescent homes and nursing homes.

(d)

Outpatient care facilities, including surgical centers.

(e)

Stores for retail sale or rental of hospital or physical therapy or orthopedic equipment.

(f)

Establishments for physical therapy treatment.

(g)

Health care and allied services, including family planning clinics, group health associations, visiting nurse associations.

(h)

Medical and dental educational and vocational centers.

(i)

Medical and dental laboratories and testing facilities.

(j)

Assisted living facilities.

(k)

Child care and adult care centers subject to provisions of section 28-1416 et seq.

(l)

Substance abuse treatment facility.

(m)

The following uses are permitted accessory to a hospital, convalescent home, assisted living facility or nursing home: pharmacies; heliports; gift shops; floral shops; cafeterias; snack bars; quarters for employees and personnel, including nurses, interns, doctors and medical technicians; beauty shops; barbershops; recreation facilities; auditoriums or any other uses which are accessory to or incidental to the normal operation of a hospital, convalescent home, assisted living facility or nursing home, provided that there be no signs or advertisements or promotional materials directed to the general public relating to such accessory uses except for informational and directional purposes.

(n)

Retail pharmacies and medical marijuana treatment center dispensing facilities, subject to the requirements and limitations set forth in section 28-1312.

(o)

Those uses set forth in sections 28-1305(a) and (b).

(Ord. No. 1358, § 2, 7-1-69; Ord. No. 15-19, § 1, 12-22-70; Ord. No. 1668, § 13, 6-13-72; Ord. No. 3083, § 1, 4-27-82; Ord. No. 3356, § 1, 11-13-84; Ord. No. 3581, § 2, 10-14-86; Ord. No. 3705, § 23, 7-26-88; Ord. No. 4290, § 19, 10-29-96; Ord. No. 4649, § 4, 5-29-02; Ord. No. 5040, § 19, 9-9-08; Ord. No. 5487, § 14, 6-11-19; Ord. No. 5513, § 8, 2-11-20; Ord. No. 5555, § 23, 1-26-21)

Cross reference— Supplementary district regulations for child care and adult care centers, § 28-1416 et seq.

Prohibited uses in MC districts are:

(a)

Banks and financial institutions.

(b)

Retail uses of any kind, except as may be permitted in section 28-922.

(c)

Restaurants.

(Ord. No. 1358, § 2, 7-1-69; Ord. No. 15-19, § 1, 12-22-70; Ord. No. 1668, § 13, 6-13-72; Ord. No. 3083, § 1, 4-27-82; Ord. No. 3356, § 1, 11-13-84; Ord. No. 3581, § 2, 10-14-86; Ord. No. 3705, § 23, 7-26-88)

Every plot in MC districts shall be not less than 15,000 square feet.

(Ord. No. 1358, § 2, 7-1-69; Ord. No. 15-19, § 1, 12-22-70; Ord. No. 1668, § 13, 6-13-72; Ord. No. 3083, § 1, 4-27-82; Ord. No. 3356, § 1, 11-13-84; Ord. No. 3581, § 2, 10-14-86; Ord. No. 3705, § 23, 7-26-88)

No building or structure or part thereof shall be erected or altered in an MC district to a height of more than 25 feet, with the following exceptions:

(a)

Hospitals shall be limited to a maximum of 150 feet in height.

(b)

Any building or structure other than a hospital that is more than 250 feet in airline distance from the nearest plot line of any plot zoned single-family residential shall be limited to a maximum of 50 feet in height.

(c)

A parking structure that is accessory to a hospital and is more than 140 feet, but not more than 250 feet, in airline distance from the nearest plot line of any plot zoned single family residential shall be limited to a maximum of 50 feet in height, provided that the parking structure meets the following additional requirement:

1.

The longest dimension of the parking structure is less than 20 percent of the length of the following described plot line: the plot line, of the plot on which the parking structure is to be constructed, that is nearest to any plot zoned single family residential.

(d)

Landscaping and design of a parking structure adjacent to all residential property shall involve the following:

1.

The parking structure is adequately screened, which shall include, between any plot zoned residential and any side of the parking structure that is generally parallel to the nearest plot zoned residential (the "parking structure residential frontage"), 2 rows of landscaping, as follows: immediately adjacent to the wall of the parking structure residential frontage, a row of landscaping consisting of a mix of trees and shrubbery; and, closer to the nearest plot zoned residential, a row of landscaping that includes canopy trees that are a minimum of 15 feet high at time of planting, planted every 30 feet on center. The 2 rows of landscaping shall extend at least the entire length of the parking structure residential frontage. Additionally, there shall be continuous shrubs and ground cover along the parking structure residential frontage, except for necessary breaks for entrances to the parking structure and other purposes, as approved through the site plan approval process. All landscaping rows as described herein shall be of sufficient size to accommodate the proper growth of the proposed plant material, as determined by the city manager or designee. All landscaping shall be approved in accordance with all applicable landscaping requirements set forth in this Code.

2.

On all sides of the parking structure adjacent to residential property, the façade shall be designed to obscure views from the parking structure to neighboring residential plots and to eliminate light spillage from the interior of the parking structure.

3.

In the event there are any access roads along the perimeter of a parking structure adjacent to single-family residentially zoned property, such roads shall include signage to prevent non-official vehicular use of such access roads.

(Ord. No. 1358, § 2, 7-1-69; Ord. No. 15-19, § 1, 12-22-70; Ord. No. 1668, § 13, 6-13-72; Ord. No. 3083, § 1, 4-27-82; Ord. No. 3356, § 1, 11-13-84; Ord. No. 3581, § 2, 10-14-86; Ord. No. 3705, § 23, 7-26-88; Ord. No. 5393, § 1, 5-23-17; Ord. No. 5706, § 32, 10-22-24)

All plots in MC districts shall have a minimum of 25 percent of landscaped open space. Required landscaping for minimum required yards may be counted in meeting this requirement.

(Ord. No. 1358, § 2, 7-1-69; Ord. No. 15-19, § 1, 12-22-70; Ord. No. 1668, § 13, 6-13-72; Ord. No. 3083, § 1, 4-27-82; Ord. No. 3356, § 1, 11-13-84; Ord. No. 3581, § 2, 10-14-86; Ord. No. 3705, § 23, 7-26-88)

(1)

Every plot in MC districts shall have front or street yards not less than 25 feet in depth.

(2)

Every plot shall have a side yard not less than 15 feet in width on each side.

(3)

Every plot shall have a rear yard not less than 15 feet in depth.

(4)

All minimum required yards shall be landscaped in such a manner as not to obscure vision of traffic.

(5)

Where a building exceeds 25 feet in height, those required yards set forth in subsections (1), (2) and (3) that are measured from a plot line abutting property in a residential zoning district (or separated from such residential zoning district by a street, canal, or other right-of-way), shall be increased by 1 foot for each 2 feet of building height greater than 25 feet. Further, if an addition to an existing building is closer to the above-referenced plot line than the existing building, then the additional yard requirements set forth in this subsection (5) shall be applied to the building addition as if it were a separate building.

(6)

In addition to those requirements set forth in subsection (5), where a building exceeds 35 feet in height, those required yards set forth in subsections (1), (2) and (3) that are measured from a plot line abutting property in a non-residential zoning district (or separated from such non-residential zoning district by a street, canal, or other right-of-way) shall be increased by 5 feet for that portion of the building that is greater than 35 feet in height.

(7)

Where a master plan has been approved in accordance with section 28-932, all yards required in this section shall be measured from the plot lines forming the perimeter of the master plan, and not from plot lines interior to the master plan. Provided, however, that where 1 or more public rights-of-way are within the area covered by the master plan, any building structure or other improvement must meet the yard requirements that would otherwise be applicable, measured from the right-of-way line of any such public right-of-way.

(Ord. No. 1358, § 2, 7-1-69; Ord. No. 15-19, § 1, 12-22-70; Ord. No. 1668, § 13, 6-13-72; Ord. No. 3083, § 1, 4-27-82; Ord. No. 3356, § 1, 11-13-84; Ord. No. 3581, § 2, 10-14-86; Ord. No. 3705, § 23, 7-26-88; Ord. No. 5393, § 2, 5-23-17; Ord. No. 5552, § 1, 12-8-20; Ord. No. 5706, § 33, 10-22-24)

All yards in MC districts adjacent to or bordering on a single-family district shall be not less than 35 feet in depth, and such yard shall be in lawn and landscaping.

(Ord. No. 1358, § 2, 7-1-69; Ord. No. 15-19, § 1, 12-22-70; Ord. No. 1668, § 13, 6-13-72; Ord. No. 3083, § 1, 4-27-82; Ord. No. 3356, § 1, 11-13-84; Ord. No. 3581, § 2, 10-14-86; Ord. No. 3705, § 23, 7-26-88)

The minimum floor area of all structures shall be not less than 4,000 square feet.

(Ord. No. 1358, § 2, 7-1-69; Ord. No. 15-19, § 1, 12-22-70; Ord. No. 1668, § 13, 6-13-72; Ord. No. 3083, § 1, 4-27-82; Ord. No. 3356, § 1, 11-13-84; Ord. No. 3581, § 2, 10-14-86; Ord. No. 3705, § 23, 7-26-88)

The maximum floor area ratio (FAR) for all uses, except hospitals, convalescent homes, nursing homes and assisted living facilities, shall be 0.5.

(Ord. No. 3849, § 1(25-83(J)), 6-26-90; Ord. No. 5487, § 14, 6-11-19)

Assisted living facilities, convalescent homes, nursing homes and hospitals shall be regulated by beds per acre (BPA), and shall have a maximum BPA (assuming 1 person per bed) of 75.

(Ord. No. 3849, § 1(25-83(K)), 6-26-90; Ord. No. 5487, § 14, 6-11-19)

The owner of property zoned MC may apply for approval of a master plan ("MC master plan"). Any application for an MC master plan shall be in accordance with the approval process in article XVII, division 3, master plan approval process, of this chapter; however, the remaining divisions of article XVII shall not be applicable to an MC master plan. Section 28-1720 which provides for modification of development parameters shall not be applicable to an MC master plan. An MC master plan shall be modified by the same procedure required for approval of a new MC master plan. Approval of a site plan for each proposed building or structure or additional square footage to a previous site plan approved building as shown on the MC master plan shall be required. A site plan associated, and consistent, with an approved MC master plan is only required to receive planning and zoning board review and approval.

(Ord. No. 5393, § 3, 5-23-17)

The symbol city CG shall refer to the city CG commercial general district and shall be used to designate all land so zoned.

(Ord. No. 5461, § 1, 10-23-18)

Except as provided herein, all regulations set forth in the Palm Beach Unified Land Development Code (including Supplements 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11, February 2002 Edition) in effect as of April 23, 2002, applicable to Palm Beach County's CG General Commercial zoning district ("ULDC") (including without limitation, development parameters and requirements, sign regulations, parking regulations, environmental regulations, and landscaping regulations) are incorporated herein and made a part hereof, shall constitute the regulations in this division, and shall apply in all city CG Commercial General districts; this incorporation of the ULDC is limited as follows: (i) no use shall be permitted unless specifically listed as a permitted or conditional use in section 28-934 of this Code; (ii) no variance for building height shall be available in any circumstance, including under the provision of Section 5.7 of the ULDC relating to variances; (iii) Article 2 of the ULDC (Interpretation of the Code) is specifically excluded and is not incorporated herein; (iv) the following provisions of the City's Code shall continue to apply (and shall control in the event of conflict) — chapters 1 through 22; chapter 23, article I, article II (sections 23-31, 23-32 and 23-34, only), article III (sections 23-56 and 23-57, only), article IV (divisions 2 and 4, and section 23-192, only); chapter 25, article I (section 25-8, only), article II, article III, and article IV; (v) noncommercial temporary signs shall be regulated by chapter 24; and (vi) the comprehensive plan of the City of Boca Raton shall continue in effect as the applicable comprehensive plan. An official copy of the ULDC is on file and available in the offices of the city clerk and the development services department.

(Ord. No. 5461, § 1, 10-23-18; Ord. No. 5517, § 4, 5-27-20)

(a)

Permitted uses. In city CG commercial general districts, no building, structure, land, or part thereof shall be erected, altered or used in whole or in part for other than 1 or more of the following specified uses, subject to the provisions of article II, division 2:

(1)

Amusements, temporary or special events.

(2)

Bars, nightclubs and drinking establishments, except where conditional use approval is required pursuant to subsection (b).

(3)

Catering service.

(4)

Child care center.

(5)

Convenience store, which shall not include motor fuel sales or motor vehicle service.

(6)

Dry cleaning and laundry services.

(7)

Entertainment, indoor.

(8)

Farmer's market.

(9)

Financial institution.

(10)

Fitness center.

(11)

Fruit and vegetable market.

(12)

Hotel.

(13)

Instructional school.

(14)

Library.

(15)

Medical office or dental clinic.

(16)

Medical or dental laboratory.

(17)

Office, business or professional.

(18)

Park.

(19)

Parking structure, commercial.

(20)

Personal services.

(21)

Places of public assembly.

(22)

Printing and copying services.

(23)

Regional shopping center.

(24)

Repair services.

(25)

Restaurant, including fast food, high turnover sit down, quality and specialty restaurant, except where conditional use approval is required pursuant to subsection (b).

(26)

Retail sales, general.

(27)

Theatre, indoor.

(28)

Retail pharmacies and medical marijuana treatment center dispensing facilities, subject to the requirements and limitations set forth in section 28-1312.

(29)

Those uses set forth in sections 28-1305(a) and (b).

(b)

Conditional uses. Conditional use approval may be requested by the owner of property in the city CG commercial general district for the following uses in accordance with division 4 of article II:

(1)

Entertainment, outdoor east of Butts Road. Entertainment, outdoor shall be prohibited west of Butts Road (except where accessory to another use).

(2)

Automotive service station, in accordance with division 4 of article XV.

(3)

Pet daycare.

(4)

School.

(5)

Restaurant, drive-in and restaurant with drive-through service.

(6)

Any restaurant that includes outdoor seating, window walls or outdoor entertainment, includes amplified music, and is located within 300 feet of any property that includes an existing residential dwelling (measured from the main entrance of the restaurant establishment to the nearest boundary line of each such residential property).

(7)

Any bar, nightclub, or drinking establishment that is located within 300 feet of any property that includes an existing residential dwelling (measured from the main entrance of the bar, nightclub or drinking establishment to the nearest boundary line of each such residential property).

(8)

Regional transportation service.

(9)

Veterinary medicine (no overnight boarding).

(10)

Auto repair facility within a fully enclosed building.

(c)

Any use that is not listed above as a permitted use or conditional use shall be considered a prohibited use in the city CG commercial general districts.

(d)

Definitions. For purposes of this section, the following definitions shall be applicable in addition to those definitions set forth in section 28-2. Where there is a conflict between the definitions set forth here, and those set forth in section 28-2, the definitions set forth here shall control for the purposes of this section.

(1)

"Amusements, temporary or special events" shall mean an activity which includes the provision of rides, amusements, food, games, crafts, or performances outside of permanent structures. These uses require a separate permit from the city. Typical uses include carnivals, circuses, temporary auctions, and tent revivals.

(2)

"Automotive service station" shall mean an establishment engaged in the retail sale of gasoline or other motor fuels, which may include accessory activities such as the sale of accessories or supplies, the lubrication of motor vehicles, the minor adjustment or minor repair of motor vehicles, or the sale of convenience food items.

(3)

"Catering service" shall mean an establishment that primarily is engaged in the preparation of foods and meals on premises, and which such food and meals are delivered to an off premises location for consumption.

(4)

"Convenience store" shall mean an establishment that is engaged in retail sales of convenience items, such as a limited line of groceries, pre-packaged food items, beverages, household items, and automated banking facilities.

(5)

"Cultural uses" shall mean a non-profit establishment that is engaged in displaying, preserving or exhibiting objects or activities that are of community or cultural interest in 1 or more of the arts or sciences, such as an art gallery, library, museum, music hall or performance venue.

(6)

"Dry cleaning and laundry services" shall mean an establishment that provides home-type washing, drying, dry cleaning, or ironing machines for hire, or that is engaged in providing household laundry and dry cleaning services with customer drop-off and pick-up. This use does not include a laundromat where patrons wash, dry, or dry clean clothing or other fabrics in machines operated by the patron.

(7)

"Entertainment, indoor" shall mean an establishment providing multiple machines or devices (mechanical or electronic) that, upon insertion of a coin or similar object or payment of a consideration, may be operated by the general public as a game, entertainment, or amusement. Such machines and devices include video games, pinball machines, mechanical grab machines, pool tables, foosball tables, and other games of skill or scoring. This use does not include any machines or devices regulated under state gambling laws.

(8)

"Entertainment, outdoor" shall mean any private outdoor use providing for sports, recreation, and entertainment activities that are operated or carried on primarily for financial gain. Examples include, but are limited to, privately-owned outdoor commercial tourist attractions, water parks, amusement parks, campgrounds, and privately-owned active sports facilities such as ball fields and paintball fields. This can also include an open lot or part of an open lot and auxiliary facilities devoted primarily to the showing of motion pictures on a paid admission basis to patrons seated on outdoor seats.

(9)

"Farmer's market" shall mean an occasional or periodic market held in an open area or enclosed in a structure where an individual seller or groups of individual sellers offer for sale to the public such items as fresh produce, seasonal fruit, fresh flowers, arts and crafts items, and food and beverages (but not to include alcoholic beverages for on premises consumption or second hand goods).

(10)

"Financial institution" shall mean an establishment engaged in deposit banking or provisions of other banking and financial services. Typical uses include commercial banks, savings institutions, tax advisory firms, and credit unions, including outdoor automated teller machine and drive-through facilities. Freestanding ATMs shall be considered a financial institution.

(11)

"Fitness center" shall mean an enclosed building or structure generally containing multi-use facilities for conducting, including, but not limited to, the following recreational activities: aerobic exercises, weight lifting, running, swimming, racquetball, handball, and squash.

(12)

"Fruit and vegetable market" shall mean an establishment engaged in the retail sale of fruits, vegetables, flowers, containerized house plants and other agricultural food products, such as jelly, jam, honey, and juice.

(13)

"Instructional school" shall mean a premises or site upon which a business offers instruction for gymnastics, martial arts, dance, music, art, cooking, student tutoring and academic test preparation, or any other similar skill or recreational or academic activity.

(14)

"Intermodal facility" shall mean a facility promoting the movement of people by modes of travel other than the private automobile, including a commuter rail passenger station and bus, van and taxicab drop-off areas, covered seating and waiting areas, automobile parking and long term and short term bicycle parking areas; and may include accessory transit-oriented retail/personal services, hotels, business and professional offices, and government buildings.

(15)

"Medical or dental office or clinic" shall mean an establishment where patients, who are not lodged overnight, are admitted for examination or treatment by 1 person or group of persons practicing any form of healing or health-building services to individuals, 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.

(16)

"Medical or dental laboratory" shall mean a medical or dental laboratory consisting of facilities and offices providing diagnostic analysis of medical tests (such as blood test, urinalysis, CT scan, x-ray or other medical tests related to diagnostic treatment); collecting or withdrawing human blood, organs, skin, or other human tissue; or producing such items as dentures, caps, bridges and optical prescriptions.

(17)

"Office, business or professional" shall mean an establishment providing executive, management, administrative or professional services, but not involving medical or dental services or the sale of merchandise, except as incidental to a permitted use. Typical uses include property and financial management firms, employment agencies (other than day labor), travel agencies, advertising agencies, secretarial and telephone services, contract post offices; professional or consulting services in the fields of law, architecture, design, engineering, accounting and similar professions; and business offices of private companies, utility companies, public agencies, and trade associations.

(18)

"Park" shall mean a publicly or privately owned or operated outdoor area providing opportunities for active use, such as athletic or recreational activities to the general public, or for passive and aesthetic purposes, and support facilities for any such activities.

(19)

"Parking structure, commercial" shall mean a building or other structure that provides temporary parking or storage for motor vehicles, where some or all of the parking spaces are not accessory to another principal use.

(20)

"Pet daycare" shall mean any building or shelter in which custodial care and grooming services are rendered for a part of the day to domestic pets and which receives a payment, fee or grant for any of the pets receiving care, whether or not operating for profit or which is held out to the public to be an establishment which regularly provides such services. A dog pet daycare may be associated with a veterinary medicine provider as an accessory use.

(21)

"Printing and copying services" shall mean an establishment engaged in retail photocopy, reproduction, or blueprinting services.

(22)

"Repair services" shall mean an establishment engaged in the repair of personal apparel and household appliances, furniture, and similar items, excluding repair of motor vehicles. Typical uses include apparel repair and alterations, small appliance repair, small motor repair (including golf carts, mopeds and lawn mowers), bicycle repair, clock and watch repair, and shoe repair shops.

(23)

"Retail" shall mean an establishment providing general retail sales or rental of goods, including any establishment primarily engaged in the sale, rental, and incidental servicing of goods or commodities that are generally delivered or provided on the premises to a consumer. Examples include, but are not limited to, food and grocery stores, coffee shops, bakeries, delicatessens, furniture stores, floor covering stores, window treatment stores, computer and electronics stores, drug stores and pharmacies, camera stores, optical goods stores, clothing stores, shoe stores, luggage stores, jewelry stores, sporting goods stores, piece goods stores, department stores, florists, office supply stores, bookstores, newsstands, gift stores, and pet supply stores, and any other retail use that may be permitted as "neighborhood serving retail."

(24)

"Regional shopping center" shall mean a large commercial development, with a minimum of: (i) retail, and (ii) restaurants or bars, nightclubs and drinking establishment uses (and which may additionally include any other use set forth in section 28-934), of a scale and function to serve a regional market, planned and functionally integrated as a total entity with customer and employee parking provided on site (pursuant to an overall approved site plan that is in effect as of October 23, 2018, the effective date of Ordinance No. 5461), occupying a minimum of 100 acres of land, having at least 3 or more anchor stores (each anchor store is a retail store equal to or greater than 50,000 square feet in gross floor area), and containing more than 1,000,000 square feet of gross leasable area.

(25)

"Theatre, indoor" shall mean a building or structure designed or intended for use for presentation of dramatic, musical, or live performances, other entertainment and cultural events, and/or other public gatherings, all occurring inside a structure. This use includes motion picture theaters but excludes "adult dancing establishments," "adult domination/submission parlor," "adult entertainment," places that sell or otherwise provide "adult material," "adult motels," "adult motion picture theaters" or "adult theaters," as those adult oriented uses are defined in section 28-2.

(Ord. No. 5461, § 1, 10-23-18; Ord. No. 5513, § 9, 2-11-20; Ord. No. 5555, § 24, 1-26-21)

The processing, procedures and notice requirements for a specific application or issue that arises, and the personnel or board empowered to act upon such application/issue within the ULDC incorporated herein, as amended by this division, do not strictly align with the city's regulations and procedures as set forth in the City's Code of Ordinances; therefore, for each application/issue, the processes, procedures and notice requirements (inclusive of the board or personnel empowered to act upon such application/issue) of the City's Code of Ordinances deemed by the city manager to be most comparable to those in the ULDC shall be utilized for such application/issue.

(Ord. No. 5461, § 1, 10-23-18)

A regional shopping center, as defined in this division, shall be subject to the numerical standards for off-street parking set forth in this section. This section shall not modify or affect any other requirement for a regional shopping center set forth in this division or in the ULDC, other than numerical standards for off-street parking.

(a)

Off-street parking spaces shall be provided for a regional shopping center in the amount of 4.5 parking spaces per 1,000 square feet of gross leasable area. Provided, however, that where the portion of the gross leasable area devoted, collectively, to restaurants, bars, nightclubs or drinking establishments exceeds 25 percent of the total gross leasable area of the regional shopping center, said portion that is in excess of 25 percent of the total gross leasable area of the regional shopping center shall be subject to the off-street parking requirements for restaurants, bars, nightclubs or drinking establishments, as specified in Section 7.2 of the ULDC.

(b)

The required off-street parking rate for a regional shopping center set forth in subsection (a) may be reduced through approval of a site plan setting forth a lower required off-street parking rate; provided, however, that the required off-street parking rate shall not be reduced to a rate lower than 4.0 parking spaces per 1,000 square feet of gross leasable area. In order to reduce the off-street parking rate for a regional shopping center as authorized herein, each of the following shall be required:

(1)

Approval of a transportation demand management (TDM) plan, pursuant to sections 23-245—23-247;

(2)

Approval of a parking management plan, approved by the planning and zoning board, demonstrating that adequate parking will be provided during peak shopping events. For purposes of this paragraph, peak shopping events shall include the Friday after Thanksgiving, the Saturday and Sunday immediately before Christmas, the 2 days following Christmas, and any other events that create an increased demand above the reduced rate authorized pursuant to this section, as determined by the city manager or designee. The parking management plan shall demonstrate that up to 4.5 parking spaces per 1,000 square feet of gross leasable area can be accommodated on an as needed basis; however, implementation of the parking management plan for any particular peak shopping event shall only be required to provide adequate parking for that particular peak shopping event. The parking management plan shall include strategies to ensure that adequate parking will be provided during those peak shopping events, and may include, but shall not be limited to, 1 or more of the following: financial incentive programs to encourage other means of transportation to and from the regional shopping center, reimbursement for transit tickets, off-site parking for employees, temporary utilization of parking areas to support valet service, and expansion of transit service. For so long as a reduced parking rate, authorized pursuant to this section, is in effect, an annual report regarding implementation of the parking management plan shall be filed no later than the first day of July. Upon a determination by the city manager or designee, in his or her discretion, of the failure of the parking management plan, or its effective implementation, to adequately provide for parking demand for peak shopping events, the city manager or designee may require, in addition to any other remedy or action, submittal of an updated parking management plan within 60 days of notice of the parking deficiency. The updated parking management plan shall address all aspects of the parking management plan to ensure adequate parking is provided (and that any deficiencies are corrected). No certificates of use shall be issued for a new tenant (except in the event such new tenant has a similar use/impact as the vacating tenant) of the regional shopping center, or for expansion by an existing tenant of the regional shopping center unless and until the updated parking management plan is approved by the planning and zoning board and implemented by the regional shopping center; and

(3)

Approval of an amended site plan data table, approved by the planning and zoning board, reflecting the reduced parking rate, and the required and provided off-street parking at the regional shopping center.

(Ord. No. 5461, § 1, 10-23-18)

The following PMD regulations shall be applicable:

(a)

Eligibility. The development parameters hereinafter set forth in this section shall apply to lands which are:

(1)

Zoned city CG commercial general;

(2)

Designated as PM on the future land use map of the city's comprehensive plan and located within the midtown planned mobility subarea, as defined in section 28-937(e)(2); and

(3)

Approved for development pursuant to chapter 28, article XVII, division 8, planned mobility development ("PMD"), subject to the specific development parameters of this division.

For PMD developments, the zoning regulations for the city CG zoning district apply, provided, however, in the event of conflict between these PMD regulations and provisions of the CG zoning district or other provisions of the City Code of Ordinances, the provisions of these PMD regulations shall control to the extent of such conflict.

(b)

Non-PMD. Nothing in this section or in chapter 28, article XVII, division 8, planned mobility development, shall require lands zoned city CG and designated as PM on the future land use map of the city's comprehensive plan to exist, develop or redevelop as a PMD. All such lands may exist, develop or redevelop under the non-PMD provisions of this division.

(c)

Modification of development standards. In order to encourage innovative design solutions that promote planned mobility strategies, the development parameters and design standards of this section and the underlying zoning may be reasonably modified by city council (or the planning and zoning board when authorized to approve a PMD hereunder) based upon satisfaction of the requirements for modification in the Code applicable to PD regulations and upon a finding that the modified design will create a more walkable/mobility enhanced built environment than if the development parameter or design standard is maintained. Provided, however, height, intensity, floor area ratio, and total square feet of development shall not be modified.

(d)

Approval process. Notwithstanding any other provision of this Code of Ordinances (including but not limited to provisions of this division or provisions of section 28-1848), a proposed PMD in the city CG district may be considered and acted upon by the planning and zoning board pursuant to section 28-54, provided that (i) the proposed PMD includes only 1 phase, (ii) the proposed PMD meets all applicable PMD regulations, and (iii) no modification of development parameters are proposed. Otherwise, the proposed PMD shall be subject to the review and approval process set forth in section 28-1848.

(e)

Definitions. For purposes of this section, the following definitions shall be applicable in addition to those definitions set forth in section 28-2. Where there is a conflict between the definitions set forth here, and those set forth in section 28-2, the definitions set forth here shall control for the purposes of this section.

(1)

"Active use" shall mean land uses which tend to have or encourage interaction between the use and pedestrians on a street, including entering and exiting the use, and observing activity and/or merchandise inside the use from a street. Examples of an "active use" shall include, but shall not be limited to, retail establishments, restaurants, bars and pubs, post offices, personal services establishments, and accessory uses that would otherwise meet this definition.

(2)

"Midtown planned mobility subarea" shall mean that area within the southwest planning area, as described in the comprehensive plan, which is designated planned mobility on the future land use map of the comprehensive plan and is located east of the north-south Lake Worth Drainage District E-3 Canal.

(3)

"Shared valet parking service" shall mean a valet parking service operated for the benefit of 2 or more separate and distinct businesses which each occupy separate and distinct spaces, whether they be on the same plot or on more than 1 plot.

(f)

Intensity. The intensity of a PMD shall be established through the review and approval of the PMD; provided, however, that floor area may not exceed a floor area ratio (FAR) of 0.5 of the gross land area developed as a PMD (excluding parking structures).

(g)

Building height. The maximum building height within a PMD shall be determined by applying the requirements set forth in Section 6.5.H.4 of the ULDC (including the required setbacks set forth in the ULDC), assuming that the PMD site is vacant (whether or not the PMD site is actually vacant) and that the proposed building is placed to attain the greatest possible height. Provided, however, that the actual placement of the building shall be pursuant to section 28-937 including, but not limited to, minimum and maximum setback requirements, minimum frontage requirements and frontage determination and building orientation requirements.

(h)

Street network.

(1)

Hierarchy of street types. There is hereby established a hierarchy of street types in the midtown planned mobility subarea for purposes of applying the regulations in this section. The table below establishes the street type of each existing street in the midtown planned mobility subarea. A "Type A" street type shall be considered the highest street type in the hierarchy, a "Type B" street shall be considered next highest, and "Type C" shall be considered the third highest. Assignment of a street type to any new street segments, including both public and private streets, shall be determined by the city council contemporaneously with approval of the new street after a public hearing, by amending the below chart. These street types shall be shown on all site plans submitted for approval.

(2)

Street network connectivity. An interconnected street network is valuable to furthering mobility due to its importance to the walkability of the area and impact on mobility in general, and is an important factor for PMD land use regulations for the southwest PMD core. Therefore:

a.

A PMD shall accommodate existing and future streets as designated in the comprehensive plan, or required pursuant to subsection (h)(2) (so as to include sufficient area within or adjacent to the PMD) as shall include construction of such street or streets in accordance with the provisions of this section and/or determined through the PMD approval process. The existing and future street widths shall be sufficient to accommodate the street infrastructure (including but not limited to vehicular travel lanes, street tree planting areas, on-street parking and sidewalks). The street type of any new street, in accordance with the hierarchy of street types as provided in subsection (h)(1), shall be as designated in the comprehensive plan or, if not so designated, shall be determined through the PMD review and approval process.

b.

No side of a street block shall exceed 660 feet in length, except where an outdoor pedestrian access way is provided through the block in lieu of a street. Streets and/or pedestrian access ways shall be provided at intervals of no more than 660 feet. Any pedestrian access way provided to satisfy this requirement shall be subject to a public access easement, and shall connect to streets on each end. A detailed design of the pedestrian access way shall be included as part of a PMD application, and shall ensure appropriate width in relation to adjacent building height, and appropriate amenities to ensure it is safe and inviting for pedestrians. Buildings and structures that face pedestrian access ways that are used in lieu of streets shall be designed in accordance with the building design standards set forth in section 28-937(j), as such standards apply along Type A streets. Subject to the judgment of the city traffic engineer, the use of a pedestrian access way in lieu of a street may be required in order to minimize the number of vehicular intersections on Type C streets.

c.

Curvilinear street designs, dead end streets and cul-de-sacs are discouraged for vehicular travel lanes, and dead ends are prohibited for sidewalks and other pedestrian ways. Streets within the PMD shall connect to and continue any street patterns that are previously established or approved on adjacent parcels.

(3)

Street design standards. New streets or reconstruction of existing streets in the midtown planned mobility subarea area shall be in accordance with the following standards, where said street or streets are under the jurisdiction of the City of Boca Raton. Where said street or streets are under the jurisdiction of another agency, the city and the applicant for any PMD development shall use best efforts to have these standards implemented; where the other agency will not approve improvements in accordance with these standards, the city council may approve alternative standards and improvements that are acceptable to the other agency through the PMD approval process.

a.

Type A streets shall have travel lane widths of 10 feet. Type B and Type C streets shall have travel lane widths of no greater than 11 feet. For outside travel lanes, widths shall be measured from the curb face.

b.

Type A streets shall include a sidewalk on each side of the street of at least 10 feet in width, which shall include a clear pedestrian path at least 6 feet in width. Type B and Type C streets shall include a sidewalk on each side of the street at least 8 feet in width. All sidewalks (along Type A, B and C streets) shall include a clear pedestrian path at least 6 feet in width.

c.

Driveways shall not interrupt sidewalks. Rather, where a sidewalk and a driveway cross, the sidewalk shall continue across the driveway and the driveway shall be interrupted.

d.

Type A and Type B streets shall include on-street parallel or angled parking on both sides of the street, and the city may require that 1 on-street parking space per block on a Type A or Type B street is designated for ridesharing pick-up and drop-off. Type C streets may include on-street parallel parking and, if on-street parking is included on a Type C street, the city may require that 1 on-street parking space per block is designated for ridesharing pick-up and drop-off.

e.

Type B and Type C streets shall include bicycle lanes. Where the bicycle lane abuts a vehicular traffic lane, the bicycle lane shall be a minimum of 5 feet wide with an additional buffer space of a minimum of 1½ feet between the bicycle lane and the vehicular travel lane, for a total width of bicycle lane and buffer space of 6½ feet. Bicycle lanes shall be painted and have appropriate pavement markings, and meet other requirements in accordance with city standards.

f.

Any street segment with more than 2 through lanes shall include a landscaped median at least 6 feet in width. Where there is a crosswalk, a pedestrian refuge shall be included within the median as part of the crosswalk pursuant to subsection (h)(3)h.

g.

All streets shall include a street tree planting zone between the vehicular travel lanes or on-street parking (as applicable) and the sidewalk, except that on Type A streets, the street tree planting zone may be incorporated into the required sidewalk width, with street trees planted in sidewalk grates, provided the required 6 feet wide pedestrian clear zone is maintained. Street trees, which shall be canopy/shade trees, shall be planted every 35 feet on-center, and shall meet applicable "right tree, right place" standards as determined by the city manager or designee, and shall have a minimum canopy clearance appropriate to allow for pedestrian traffic under its canopy. The street tree planting zone may also include street furniture, pedestrian scaled lighting and other pedestrian-oriented features, where space allows.

h.

Crosswalks shall be provided at all signalized or stopped controlled intersections, and shall be provided at mid-block locations on all Type A and Type B streets such that there is a maximum distance between crosswalks of 660 feet. Pedestrian signals shall be installed at all signalized intersections and any other locations where high pedestrian volumes or other conditions warrant a signalized crossing. Crosswalks shall be easily distinguishable in material and color from other portions of vehicular travel lanes, as approved by the city. Where there is a median, a pedestrian refuge within the median shall be included as part of the design of the crosswalk. This subsection shall not be construed to prevent additional mid-block crosswalks, where appropriate.

i.

Approval of a PMD (and issuance of any building permit thereunder) shall be conditioned upon the construction of new streets (as provided herein) or improvement of existing streets that directly abut or traverse through the proposed PMD and such construction of new streets or improvements shall be completed by the PMD applicant and accepted by the city prior to issuance of a certificate of occupancy or certificate of completion. Such improvements shall be completed in accordance with the standards established in this subsection.

j.

Where the city has established or adopted a plan to establish an on-street or off-street bicycle, pedestrian, greenway and shared-use pathway system that abuts or adjoins the PMD, the PMD shall provide for a connection to that pathway system.

(i)

Site design standards. Except as otherwise provided herein, a PMD approved pursuant to this section shall be designed so as to conform to the following design standards, and section 28-1850 shall not apply:

(1)

Building orientation and frontage determination.

a.

The primary building entrance shall face the front plot line, and shall include design elements to ensure that such entrance is identifiable and integrated into the building architecture.

b.

On a corner plot, the front plot line shall be that which runs along a street type that is higher in the street type hierarchy set forth in subsection (h)(1). Where the street types along a corner plot are the same, the front plot line shall be on that street which is the more important pedestrian route, as determined by city staff through the site plan review process. Rear and side plot lines shall then be determined based on other provisions of this chapter.

(2)

Minimum and maximum building setbacks. The minimum and maximum building setbacks shall be as shown in the following table.

* The front setback from a Type A street shall consist of elements that enhance the walkability of the street, including but not limited to extensions of the sidewalk, appropriate landscaping and outdoor seating. Additionally, where a PMD includes a pedestrian plaza extending from the public sidewalk along the Type A street, the maximum front setback along that portion of the Type A street shall be extended to the depth of said pedestrian plaza for only that portion of the frontage along the Type A street where the pedestrian plaza is placed; provided, however, the maximum front setback may be extended in such manner for no greater than 30 percent of the PMD's frontage on that Type A street.

** Any portion of a building along a Type A and Type B street that is over 30 feet in height shall be set back an additional 5 feet from that street, and any portion of such building over 60 feet in height shall be set back an additional 10 feet from that street. These additional setbacks based on building height shall be calculated from the building's setback from the street as constructed at the ground floor.

*** Any portion of a building along Glades Road or Military Trail that is over 35 feet in height shall be set back an additional 10 feet from that street, and any portion of such building over 70 feet in height shall be set back an additional 20 feet from that street. These additional setbacks based on building height shall be calculated from the building's setback from the street as constructed at the ground floor.

(3)

Projections into required setbacks and abutting rights-of-way.

a.

Entrance steps, stoops (including covered stoops), and door awnings may project an unlimited distance into the required minimum front and side street setbacks from a Type A or Type B street, and may project up to 20 percent into the required minimum front and side street setbacks from a Type C street.

b.

Window awnings and decorative architectural features may project up to 3 feet into any required minimum setback.

c.

Ground floor colonnades or arcades may project an unlimited distance into required minimum front setbacks, and up to 5 feet into the public right-of-way of a Type A or Type B street, provided that any projection into the public right-of-way shall be subject to appropriate agreements between the property owner and the city.

d.

Outdoor seating for restaurants, cafes, bars, pubs and similar uses shall be permitted within any required setback, and may be allowed on sidewalks adjacent to the establishment, so long as the required clear pedestrian path for the sidewalk is maintained and all other applicable requirements are met. Along a Type A or Type B street, awnings or other projections for covering the outdoor seating areas may extend up to 5 feet into the public right-of-way, provided that there is at least 8 feet of vertical clearance above grade, and that any projection into the public right-of-way shall be subject to approval of the public works and engineering department and subject to appropriate agreements (including maintenance obligations and indemnification) between the property owner and the city.

(4)

Building street frontage requirements. In order to provide for an appropriate street edge necessary to create a walkable environment, there shall be provided, within the maximum front and side street (if applicable) setbacks (from each abutting street), a building or buildings for the portion of the street frontage as follows:

a.

Type A: 60 percent

b.

Type B: 50 percent

c.

Type C: 40 percent

(5)

Lighting. Outdoor lighting shall create and encourage a pedestrian friendly environment. Pedestrian scaled lighting at a height of no greater than 15 feet shall be placed along any public sidewalk at a spacing of no greater than 100 feet. Lighting shall be located as close as possible to the center-point between adjacent street trees.

(6)

Drive-through facilities. No drive-through facility of any kind, including but not limited to those in connection with restaurants, pharmacies and automatic teller machines, shall be located within any minimum or maximum front or side street setback as provided in subsection (i)(2) of this section. Further, any drive-through facility, including any designated or reasonably foreseeable vehicle stacking area, shall be completely screened from view from any Type A or Type B street.

(7)

Off-street vehicular surface parking. Off-street vehicular surface parking spaces within a PMD shall adhere to the following requirements:

a.

Off-street vehicular surface parking shall not be located within the minimum or maximum setbacks from a Type A street, and shall be screened from view from any Type A street.

b.

Off-street vehicular surface parking shall not be located between a building and a Type B street. However, off-street vehicular surface parking may be located within the required setbacks of a Type B street, to the side of the building, provided the minimum building frontage requirements of subsection (i)(4) of this section are satisfied, and the parking is screened from view of the Type B street by a masonry wall with a minimum height of 2 feet, 6 inches and a maximum height of 5 feet, or a decorative open picket fence with a minimum height of 3 feet, 6 inches and a maximum height of 5 feet, 6 inches, in either case with the addition of a landscape buffer as approved in accordance with all applicable landscaping requirements set forth in this Code. Gaps in the required masonry wall, fence or landscape buffer shall only be permitted for pedestrian access from the sidewalk, or for driveways where otherwise permitted. Provided, however, that where an existing easement or right-of-way prevents use of a wall or fence to provide the required screening, and evidence is provided to the satisfaction of the development services director that such easement or right-of-way cannot reasonably be abandoned or modified, an alternative method of screening may be accepted.

c.

Off-street vehicular surface parking may be located between a building and a Type C street, provided that the maximum building setback requirement of subsection (i)(2) of this section and the minimum building frontage requirements of subsection (i)(4) of this section are satisfied, the parking is set back at least 5 feet from the property line dividing the site from the Type C street and a landscape buffer (at a minimum) in accordance with all applicable landscaping requirements set forth in this Code is installed between the parking and the Type C street.

d.

Any existing off-street vehicular parking included within a PMD that does not comply with the location standards set forth herein shall come into compliance with these standards as part of development of the PMD unless and only to the extent that necessary modifications of development standards are granted pursuant to subsection (c) of this section. When considering any request for such a modification, the city council shall, in addition to the other considerations provided in this article, consider the extent to which the proposed site design mitigates the impact of the existing condition by enhancing the walkability of the street.

(8)

Landscaping of required yards and open space. Except as provided herein, all required building setbacks and open space shall be landscaped in accordance with all applicable landscaping requirements set forth in this Code.

(9)

Context considerations in site design. PMD sites shall be designed with consideration to existing and potential development in the immediate vicinity and in the remainder of the midtown planned mobility subarea, to facilitate the internal capture of trips within the PMD and within the midtown planned mobility subarea, including the placement and intensity of uses, creation of attractive and functional areas and creation of a walkable built environment.

(j)

Building design standards.

(1)

Glazing requirements. The ground floor portions of building façades that face a street shall be a minimum of 30 percent glazed, except in the case of active uses, in which case a minimum of 60 percent of the ground level façade shall be glazed (including windows and door openings), as measured between 2 and 8 feet above grade. Such glazing shall be of a type that permits view of activities and spaces within.

(2)

Building façades.

a.

A building façade facing a Type A street shall be varied such that there appears, from the street, to be a different building at intervals no greater than 75 linear feet along the street frontage. This effect shall be achieved by such methods as varied roof heights, a visibly varied setback from the street, different colors and finish materials, different types, heights and decoration of windows, varied architectural details (such as cornices, pilasters and belt courses) and similar techniques.

b.

Building façades shall not include large unadorned walls. Building façades shall incorporate pedestrian-scaled features at the ground level, and shall maintain visual interest through the use of active building edges, orientation toward the street, human-scaled elements, architectural detail and fenestration (i.e., character and interrelationships of façade design components including windows, doors, and roof design).

(3)

Building massing. Buildings shall be varied in terms of height, bulk, and articulation; however, this provision is not intended to prevent the placement of similar buildings in close proximity to one another when consistent with good architectural design and urban form, such as buildings that flank property entrances.

(k)

Parking. Except as otherwise specifically provided in this subsection, the provisions of chapter 28, article XVI, off-street parking and loading shall apply.

(1)

Required parking spaces. The provision of required motor vehicle parking within a PMD shall be in the amount of 95 percent of the off-street parking requirement in chapter 28, article XVII. Bicycle parking shall be 10 percent of the required number of motor vehicle parking spaces, or as set forth in section 28-1655, whichever results in the greater number of required bicycle spaces, shall include long-term and short-term facilities and shall be in accordance with the following provisions:

a.

Bicycle parking areas shall be appropriately located to engage safe use and access to bicycle parking areas; should not conflict with pedestrian, vehicle or transit circulation.

b.

Any required long-term bicycle parking spaces should be covered, located indoors, or otherwise sheltered to provide protection from the weather.

c.

Short-term bicycle parking spaces may be located in the public right-of-way, in accordance with city standards.

d.

Bicycle sharing stations are encouraged at transit stops.

(2)

On-street parking. On-street parking is preferred for satisfying the parking requirements of a PMD, and such on-street parking is subject to review and approval as part of a PMD. In order for on-street parking to be counted toward a PMD's parking requirement, the on-street parking shall be approved prior to issuance of any building permit and such parking and all associated infrastructure shall be constructed by the PMD applicant, in accordance with all city standards, in conjunction with development of the PMD, and said construction of the on-street parking construction shall be completed before issuance of any certificate of occupancy for the PMD. This shall not be construed to mean the on-street parking must be adjacent to the PMD or within any particular distance of the PMD, except that on-street parking may only be counted toward a PMD's parking requirement where the PMD and the on-street parking is located within the midtown planned mobility subarea.

(3)

Parking structures. Parking structures are preferred over surface parking for satisfying the PMD's vehicular parking requirements that cannot be satisfied by on-street parking spaces, and shall meet the following design requirements:

a.

Any parking structure that is located within 50 feet of the right-of-way line of a Type A or Type B street, with no other buildings or structures that are placed between the parking structure and the right-of-way line, shall incorporate a commercial or business use or uses on the ground floor of the parking structure and such commercial or business use or uses shall occupy at least 60 percent of the structure's length adjacent to the Type A or Type B street.

b.

Automobile headlamps shall be screened with an opaque structure to a height of at least 3.5 feet above any drive surface within the structure.

c.

Parking structures shall be designed in an architectural style that is compatible and complementary to the building of which the parking structure is a part (if applicable).

d.

No light fixture on the top floor of a parking structure shall be located at a height above the surface of the top parking level of greater than 3½ feet.

e.

Parking structures shall be designed to include pedestrian walkways separated from the driving aisles near all entrances and exits to and from the parking structure and be designed in accordance with the city's engineering design standards manual and as otherwise required pursuant to the standards in this section.

(4)

Shared parking. The amount of parking required in a PMD development pursuant to this section may be established pursuant to a shared parking study as provided in section 28-1655(1)(kk) of this chapter, as approved by the city traffic engineer. Shared parking agreements with adjacent uses shall be strongly encouraged.

(5)

Community parking. Required parking for any use may be located on another site within the midtown planned mobility subarea, including aggregation of parking spaces for 2 or more uses in a parking structure, provided that all required parking for all uses is provided and not "double counted" (except pursuant to a shared parking agreement as otherwise specified in this section), and further provided that required disabled parking spaces shall be provided in close proximity to the use which they are intended to serve. Where parking for a use or uses on 1 site is located on another site, a covenant running with the land, in a form acceptable to the city attorney so encumbering both properties, shall be recorded among the public records.

(6)

Valet parking. Valet parking shall be allowed as provided in section 28-1651(1)(c), except that any such valet parking spaces located on the same site as the use it serves shall be located further than any other parking spaces on the site not so designated, and any valet parking located in a parking structure shall be located further from the pedestrian entrances to the parking structure and from the pedestrian access points to each floor of the parking structure than any other parking spaces not so designated. Where a shared valet parking service is operated, such service may utilize on-street parking spaces for pick-up and drop-off.

(7)

Reserved parking. Reserved parking for hotel and office uses shall be permitted, and shall be without regard to the allowable percentages set forth in section 28-1651, but subject to city council review and approval of the PMD; provided, however, that reservation of parking spaces for valet parking operations, as provided in subsection (k)(6) of this section, for uses other than hotel and office uses shall be in addition to that allowed by this subsection. On-street parking shall not be reserved, with the following exceptions:

a.

On-street parking spaces may be reserved for ridesharing pick-up and drop-off locations pursuant to subsection (h)(3)d. of this section; and

b.

On-street parking spaces may be utilized for the operation of a shared valet parking service pursuant to subsection (k)(6) of this section. On-street parking spaces shall not be utilized for the operation of valet parking that does not meet the definition of a shared valet parking service.

(8)

Parking space dimensions. Notwithstanding any provision in the Code or the Engineering Design Standards Manual to the contrary, 80 percent of required vehicular parking spaces, not including required handicapped spaces, shall have minimum dimensions for 90 degree parking of 9 feet wide by 18 feet long (with dimensions for angled parking adjusted accordingly). The remaining 20 percent of non-handicapped required vehicular parking spaces shall meet the required dimensions otherwise set forth in this Code or the Engineering Design Standards Manual, as applicable.

(l)

Existing buildings and structures. Any buildings or structures (including parking structures) existing on January 8, 2019 (the effective date of Ordinance No. 5476) included within a PMD that do not comply with the standards set forth in subsections (i) and (j) of this section shall come into compliance with said standards as part of development of the PMD unless and only to the extent that necessary modifications of development standards are granted pursuant to subsection (c) of this section. When considering any request for such a modification of the standards set forth in subsection (i) or subsection (j), the city council shall, in addition to the other considerations provided in this article, consider the extent to which the proposed site design mitigates the impact of the existing condition through site design that achieves the mobility purposes of this section.

(m)

Open space. In lieu of providing all or a portion of the open space required by this subsection on a site, open space for more than 1 site may be aggregated on another site, provided that both the site of the PMD and the site where open space is to be aggregated are located in the midtown planned mobility subarea; provided, however, that the site upon which the aggregated open space is located need not be located within a PMD. Where this option is utilized, the site of aggregated open space must be at least ¼ acre in size, must be legally accessible by the public, must be platted as a separate lot and must be designed for use by the public as a park or gathering space (its location and design shall be subject to approval by the city). An aggregated open space site that is at least ¼ acre, but less than 2½ acres, shall be counted toward meeting open space requirements on other sites at the rate of 1.25 times its actual size. An aggregated open space site that is equal to or greater than 2&frac12 acres, shall be counted toward meeting open space requirements on other sites at the rate of 1.5 times its actual size. Where this option for aggregated open space is utilized, the arrangement must be approved through the PMD review process, and a covenant running with the land encumbering all such land involved and dedicating such land to the public for use as a park or gathering space under terms and conditions acceptable to the city council, in a form acceptable to the city attorney, shall be recorded among the public records. In its review of any proposed aggregated open space site, the city shall base its decision on the proposed location and configuration for its potential as a pocket park, in the case of smaller sites, and as centralized gathering and recreational spaces, in the case of larger sites, or as plazas. An aggregated open space site may be located between a street and a building, where approved by the city council, when proposed as part of a PMD, the maximum building setback as established in subsection (i)(2) may be increased accordingly.

(n)

Transit. A PMD shall demonstrate compliance with the following minimum standards for the adequate provision of transit service.

(1)

No PMD shall be approved unless a local circulator/shuttle service is operating and providing service between a commuter rail passenger station and the property that is the subject of the proposed PMD.

(2)

Regional transportation service. A PMD that is located within ½ mile of any regional transportation service point of service shall identify both continuous sidewalks and continuous bicycle routes between the PMD and such point of service. Where there does not exist such sidewalk connection and bicycle route, it shall be a condition of any PMD that infrastructure upgrades, in addition to those otherwise required, be approved prior to issuance of a building permit and be constructed by the PMD applicant to ensure such sidewalk connection and bicycle routes exist prior to the issuance of any certificate of occupancy or its functional equivalent in the PMD, but only to the extent that any such infrastructure upgrades that are off-site and not within right-of-way immediately abutting the PMD, can be made within the public right-of-way or upon obtaining permission of the owner(s) of property on which the infrastructure upgrades are to be constructed. Sidewalk or bicycle route connections may cross a street that accommodates vehicular travel and still be deemed continuous if a clearly delineated crosswalk exists.

(3)

Transit shelters. If the PMD has frontage along any existing transit route, or along a transit route that has been planned and approved by the city or by Palm Beach County, a transit shelter shall be provided as a condition of a PMD development. Provided, however, that if the city's or Palm Beach County's approved transit route includes specific transit stop locations, a transit shelter need only be provided if the proposed PMD is adjacent to the specific transit stop location(s).

a.

The location of the transit shelter shall be determined through city staff review of the PMD in accordance with accepted professional transportation planning and urban design principles. However, a transit shelter shall not be required as a condition of a PMD development if doing so would result in a transit shelter serving the same transit route or routes being located within 600 linear feet of an existing suitable transit shelter, measured along the street or streets, except that where there is an existing transit stop adjacent to the PMD that does not have a transit shelter, a transit shelter shall be provided at that existing transit stop regardless of the distance from another transit shelter.

b.

For any PMD with a street frontage in excess of 600 feet, more than 1 transit shelter may be required, but no placement shall be required that would result in a transit shelter being placed within 600 linear feet of another transit shelter serving the same transit route or routes, as measured on the same route or routes, except that where there is an existing transit stop adjacent to the PMD that does not have a transit shelter, a transit shelter shall be provided at that existing transit stop regardless of the distance from another transit shelter.

c.

For any PMD for which no installation of a transit shelter is required by the provisions of this subsection (n)(3), a fee shall be due prior to the issuance of the first building permit for construction of the PMD in an amount equal to the cost of constructing a transit shelter, which fee shall be used for transit improvements elsewhere in the midtown planned mobility subarea. The fee amount shall be based on a certified cost estimate from a professional engineer and shall only include the cost of materials and labor, not any costs associated with acquiring the real property upon which the shelter will be constructed or otherwise obtaining permission to place the shelter upon private property that is not owned by the PMD applicant.

(4)

City transit program. All PMDs shall participate in the city's transit program by either: (i) operating or contributing funds annually for the operation of a local circulator/shuttle that provides service to and from a commuter rail passenger facility and the PMD with headways that, at a minimum, are coordinated with the schedule of SFRTA; or (ii) paying an annual fee to the city to support a local circulator/shuttle service to be operated by the city.

a.

The amount of the annual circulator/shuttle contribution, or the annual fee that is paid to the city, shall be based on the number of net new daily vehicular trips that are generated by the PMD, as demonstrated in the traffic reports that are submitted in support of a PMD application, and then calculated at a rate that is no less than the minimum shuttle contribution rate provided in the PMD matrix incorporated in the city Engineering Design Standards Manual at the time of a PMD approval.

b.

All funds received by the city pursuant to this subsection in connection with a PMD located within the midtown planned mobility subarea shall be earmarked by the city for funding the local circulator/shuttle service and other mobility improvements that includes service in the midtown planned mobility subarea.

c.

A fee credit shall be applicable to the annual contribution or the annual fee imposed under this section for any other financial or in-kind contributions for shuttle service that are made by the PMD applicant.

d.

If the city adopts a special assessment for purposes of funding a local circulator/shuttle service in the midtown planned mobility subarea, then the requirements imposed pursuant to this section shall not be applicable to parcels that are subject to the special assessment. For any properties that are already subject to a requirement imposed pursuant to this section in connection with a previously approved PMD, then the payment of the special assessment fee shall be permitted in lieu of the requirements of this section.

(o)

Signage. Any PMD approved pursuant to this section shall be subject to the provisions of chapter 24, Code of Ordinances. Where the requirements of chapter 24 are based upon zoning district, the requirements shall apply as if the PMD were in the C-1 commercial district.

(p)

Adequate public facilities. The public facilities serving the PMD shall be adequate taking into account those public facilities dedicated, constructed and a proportionate share thereof paid by the PMD. All utility infrastructure within a PMD or within abutting rights-of-way shall be provided underground, and placement of such utilities underground (where such infrastructure is not already underground) shall be in conjunction with development of the PMD.

(q)

Inapplicability of planned mobility program matrix. The planned mobility program matrix requirements set forth in section 28-1849(6) shall not apply to a PMD development pursuant to this section, except for purposes of calculating the minimum, annual circulator/shuttle contribution in accordance with section 28-937(n)(4)a.

(Ord. No. 5476, § 1, 1-8-19; Ord. No. 5706, § 34, 10-22-24; Ord. No. 5721, § 1, 12-10-24)

The symbol city CHO shall refer to the city CHO commercial high office district and shall be used to designate all land so zoned.

(Ord. No. 5461, § 2, 10-23-18)

Except as provided herein, all regulations set forth in the Palm Beach Unified Land Development Code (Supplements 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11, February 2002 Edition) in effect as of April 23, 2002, applicable to Palm Beach County's CHO General High Office zoning district ("ULDC") (including without limitation, development parameters and requirements, sign regulations, parking regulations, environmental regulations, and landscaping regulations) are incorporated herein and made a part hereof, shall constitute the regulations in this division, and shall apply in all city CHO Commercial High Office districts; this incorporation of the ULDC is limited as follows: (i) no use shall be permitted unless specifically listed as a permitted or conditional use in section 28-940 of this Code; (ii) no variance for building height shall be available in any circumstance, including under the provision of Section 5.7 of the ULDC relating to variances; (iii) article 2 of the ULDC (Interpretation of the Code) is specifically excluded and is not incorporated herein; (iv) the following provisions of the City's Code shall continue to apply (and shall control in the event of conflict) — chapters 1 through 22; chapter 23, article I, article II (sections 23-31, 23-32 and 23-34, only), article III (sections 23-56 and 23-57, only), article IV (divisions 2 and 4, and section 23-192, only); chapter 25, article I (section 25-8, only), article II, article III, and article IV; (v) noncommercial temporary signs shall be regulated by chapter 24; and (vi) the comprehensive plan of the City of Boca Raton shall continue in effect as the applicable comprehensive plan. An official copy of the ULDC is on file and available in the offices of the city clerk and the development services department.

(Ord. No. 5461, § 2, 10-23-18; Ord. No. 5517, § 5, 5-27-20)

(a)

Permitted uses. In city CHO commercial high office districts, no building, structure, land, or part thereof shall be erected, altered or used in whole or in part for other than 1 or more of the following specified uses, subject to the provisions of article II, division 2:

(1)

Amusements, temporary or special events.

(2)

Bars, nightclubs and drinking establishments, except where conditional use approval is required pursuant to subsection (b).

(3)

Catering service.

(4)

Child care center.

(5)

Convenience store, which shall not include motor fuel sales or motor vehicle service.

(6)

Dry cleaning and laundry services.

(7)

Entertainment, indoor.

(8)

Farmer's market.

(9)

Financial institution.

(10)

Fitness center.

(11)

Fruit and vegetable market.

(12)

Hotel.

(13)

Instructional school.

(14)

Library.

(15)

Medical office or dental clinic.

(16)

Medical or dental laboratory.

(17)

Office, business or professional.

(18)

Park.

(19)

Parking structure, commercial.

(20)

Personal services.

(21)

Places of public assembly.

(22)

Printing and copying services.

(23)

Repair services.

(24)

Restaurant, including fast food, high turnover sit down, quality and specialty restaurant, except where conditional use approval is required pursuant to subsection (b). A quality restaurant shall not be required to be located within an office, hotel or motel structure.

(25)

Retail sales, general.

(26)

Theatre, indoor.

(27)

Retail pharmacies and medical marijuana treatment center dispensing facilities, subject to the requirements and limitations set forth in section 28-1312.

(28)

Those uses set forth in sections 28-1305(a) and (b).

(b)

Conditional uses. Conditional use approval may be requested by the owner of property in the city CHO commercial high office district for the following uses in accordance with division 4 of article II:

(1)

Entertainment, outdoor east of Butts Road. Entertainment, outdoor shall be prohibited west of Butts Road (except where accessory to another use).

(2)

Automotive service station, in accordance with division 4 of article XV.

(3)

Pet daycare.

(4)

School.

(5)

Restaurant, drive-in and restaurant with drive-through service.

(6)

Any restaurant that includes outdoor seating, window walls or outdoor entertainment, includes amplified music, and is located within 300 feet of any property that includes an existing residential dwelling (measured from the main entrance of the restaurant establishment to the nearest boundary line of each such residential property).

(7)

Any bar, nightclub, or drinking establishment that is located within 300 feet of any property that includes an existing residential dwelling (measured from the main entrance of the bar, nightclub or drinking establishment to the nearest boundary line of each such residential property).

(8)

Regional transportation service.

(9)

Veterinary medicine (no overnight boarding).

(10)

Auto repair facility within a fully enclosed building.

(c)

Any use that is not listed above as a permitted use or conditional use shall be considered a prohibited use in the city CHO commercial high office districts.

(d)

Definitions. For purposes of this section, the following definitions shall be applicable in addition to those definitions set forth in section 28-2. Where there is conflict between the definitions set forth here, and those set forth in section 28-2, the definitions set forth here shall control for the purposes of this section.

(1)

"Amusements, temporary or special events" shall mean an activity which includes the provision of rides, amusements, food, games, crafts, or performances outside of permanent structures. These uses require a separate permit from the city. Typical uses include carnivals, circuses, temporary auctions, and tent revivals.

(2)

"Automotive service station" shall mean an establishment engaged in the retail sale of gasoline or other motor fuels, which may include accessory activities such as the sale of accessories or supplies, the lubrication of motor vehicles, the minor adjustment or minor repair of motor vehicles, or the sale of convenience food items.

(3)

"Catering service" shall mean an establishment that primarily engages in the preparation of foods and meals on premises, and which such food and meals are delivered to an off premises location for consumption.

(4)

"Convenience store" shall mean an establishment that is engaged in retail sales of convenience items, such as a limited line of groceries, pre-packaged food items, beverages, household items, and automated banking facilities.

(5)

"Cultural uses" shall mean a non-profit establishment that is engaged in displaying, preserving or exhibiting objects or activities that are of community or cultural interest in 1 or more of the arts or sciences, such as an art gallery, library, museum, music hall or performance venue.

(6)

"Dry cleaning and laundry services" shall mean an establishment that provides home-type washing, drying, dry cleaning, or ironing machines for hire, or that is engaged in providing household laundry and dry cleaning services with customer drop-off and pick-up. This use does not include a laundromat where patrons wash, dry, or dry clean clothing or other fabrics in machines operated by the patron.

(7)

"Entertainment, indoor" shall mean an establishment providing multiple machines or devices (mechanical or electronic) that, upon insertion of a coin or similar object or payment of a consideration, may be operated by the general public as a game, entertainment, or amusement. Such machines and devices include video games, pinball machines, mechanical grab machines, pool tables, foosball tables, and other games of skill or scoring. This use does not include any machines or devices regulated under state gambling laws.

(8)

"Entertainment, outdoor" shall mean any private outdoor use providing for sports, recreation, and entertainment activities that are operated or carried on primarily for financial gain. Examples include, but are limited to, privately-owned outdoor commercial tourist attractions, water parks, amusement parks, campgrounds, and privately-owned active sports facilities such as ball fields and paintball fields. This can also include an open lot or part of an open lot and auxiliary facilities devoted primarily to the showing of motion pictures on a paid admission basis to patrons seated on outdoor seats.

(9)

"Farmer's market" shall mean an occasional or periodic market held in an open area or enclosed in a structure where an individual seller or groups of individual sellers offer for sale to the public such items as fresh produce, seasonal fruit, fresh flowers, arts and crafts items, and food and beverages (but not to include alcoholic beverages for on premises consumption or second hand goods).

(10)

"Financial institution" shall mean an establishment engaged in deposit banking or provisions of other banking and financial services. Typical uses include commercial banks, savings institutions, tax advisory firms, and credit unions, including outdoor automated teller machine and drive-through facilities. Freestanding ATMs shall be considered a financial institution.

(11)

"Fitness center" shall mean an enclosed building or structure generally containing multi-use facilities for conducting, including, but not limited to, the following recreational activities: aerobic exercises, weight lifting, running, swimming, racquetball, handball, and squash.

(12)

"Fruit and vegetable market" shall mean an establishment engaged in the retail sale of fruits, vegetables, flowers, containerized house plants and other agricultural food products, such as jelly, jam, honey, and juice.

(13)

"Instructional school" shall mean a premises or site upon which a business offers instruction for gymnastics, martial arts, dance, music, art, cooking, student tutoring and academic test preparation, or any other similar skill or recreational or academic activity.

(14)

"Intermodal facility" shall mean a facility promoting the movement of people by modes of travel other than the private automobile, including a commuter rail passenger station and bus, van and taxicab drop-off areas, covered seating and waiting areas, automobile parking and long term and short term bicycle parking areas; and may include accessory transit-oriented retail/personal services, hotels, business and professional offices, and government buildings.

(15)

"Medical or dental office or clinic" shall mean an establishment where patients, who are not lodged overnight, are admitted for examination or treatment by 1 person or group of persons practicing any form of healing or health-building services to individuals, 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.

(16)

"Medical or dental laboratory" shall mean a medical or dental laboratory consisting of facilities and offices providing diagnostic analysis of medical tests (such as blood test, urinalysis, CT scan, x-ray or other medical tests related to diagnostic treatment); collecting or withdrawing human blood, organs, skin, or other human tissue; or producing such items as dentures, caps, bridges and optical prescriptions.

(17)

"Office, business or professional" shall mean an establishment providing executive, management, administrative or professional services, but not involving medical or dental services or the sale of merchandise, except as incidental to a permitted use. Typical uses include property and financial management firms, employment agencies (other than day labor), travel agencies, advertising agencies, secretarial and telephone services, contract post offices; professional or consulting services in the fields of law, architecture, design, engineering, accounting and similar professions; and business offices of private companies, utility companies, public agencies, and trade associations.

(18)

"Park" shall mean a publicly or privately owned or operated outdoor area providing opportunities for active use, such as athletic or recreational activities to the general public, or for passive and aesthetic purposes, and support facilities for any such activities.

(19)

"Parking structure, commercial" shall mean a building or other structure that provides temporary parking or storage for motor vehicles, where some or all of the parking spaces are not accessory to another principal use.

(20)

"Pet daycare" shall mean any building or shelter in which custodial care and grooming services are rendered for a part of the day to domestic pets and which receives a payment, fee or grant for any of the pets receiving care, whether or not operating for profit or which is held out to the public to be an establishment which regularly provides such services. A dog pet daycare may be associated with a veterinary medicine provider as an accessory use.

(21)

"Printing and copying services" shall mean an establishment engaged in retail photocopy, reproduction, or blueprinting services.

(22)

"Repair services" shall mean an establishment engaged in the repair of personal apparel and household appliances, furniture, and similar items, excluding repair of motor vehicles. Typical uses include apparel repair and alterations, small appliance repair, small motor repair (including golf carts, mopeds and lawn mowers), bicycle repair, clock and watch repair, and shoe repair shops.

(23)

"Retail" shall mean an establishment providing general retail sales or rental of goods, including any establishment primarily engaged in the sale, rental, and incidental servicing of goods or commodities that are generally delivered or provided on the premises to a consumer. Examples include, but are not limited to, food and grocery stores, coffee shops, bakeries, delicatessens, furniture stores, floor covering stores, window treatment stores, computer and electronics stores, drug stores and pharmacies, camera stores, optical goods stores, clothing stores, shoe stores, luggage stores, jewelry stores, sporting goods stores, piece goods stores, department stores, florists, office supply stores, bookstores, newsstands, gift stores, and pet supply stores, and any other retail use that may be permitted as "neighborhood serving retail."

(24)

"Theatre, indoor" shall mean a building or structure designed or intended for use for presentation of dramatic, musical, or live performances, other entertainment and cultural events, and/or other public gatherings, all occurring inside a structure. This use includes motion picture theaters but excludes "adult dancing establishments," "adult domination/submission parlor," "adult entertainment," places that sell or otherwise provide "adult material," "adult motels," "adult motion picture theaters" or "adult theaters," as those adult oriented uses are defined in section 28-2.

(Ord. No. 5461, § 2, 10-23-18; Ord. No. 5513, § 10, 2-11-20; Ord. No. 5555, § 25, 1-26-21)

The processing, procedures and notice requirements for a specific application or issue that arises, and the personnel or board empowered to act upon such application/issue within the ULDC incorporated herein, as amended by this division, do not strictly align with the city's regulations and procedures as set forth in the Code; therefore, for each application/issue, the processes, procedures and notice requirements (inclusive of the board or personnel empowered to act upon such application/issue) of the Code deemed by the city manager to be most comparable to those in the ULDC shall be utilized for such application/issue.

(Ord. No. 5461, § 2, 10-23-18)

The following PMD regulations shall be applicable:

(a)

Eligibility. The development parameters hereinafter set forth in this section shall apply to lands which are:

(1)

Zoned city CHO commercial general;

(2)

Designated as PM on the future land use map on the city's comprehensive plan and located within the midtown planned mobility subarea, as defined in section 28-937(e)(2); and

(3)

Approved for development pursuant to chapter 28, article XVII, division 8, planned mobility development ("PMD") subject to the specific development parameters of this division.

For PMD developments, the zoning regulations for the city CHO zoning district apply, provided, however, in the event of conflict between these PMD regulations and provisions of the city CHO zoning district or other provisions of the Code, the provisions of these PMD regulations shall control to the extent of such conflict.

(b)

Non-PMD. Nothing in this section or in chapter 28, article XVII, division 8, planned mobility development shall require lands zoned city CHO and designated as PM on the future land use map of the city's comprehensive plan to exist, develop or redevelop as a PMD. All such lands may exist, develop or redevelop under the non-PMD provisions of this division.

(c)

Modification of development standards. In order to encourage innovative design solutions that promote planned mobility strategies, the development parameters and design standards of this section and the underlying zoning may be reasonably modified by city council (or the planning and zoning board when authorized to approve a PMD hereunder) based upon satisfaction of the requirements for modification in the Code applicable to PD regulations and upon a finding that the modified design will create a more walkable/mobility enhanced built environment than if the development parameter or design standard is maintained. Provided, however, height, intensity, floor area ratio, and total square feet of development shall not be modified.

(d)

Approval process. Notwithstanding any other provision of this Code (including but not limited to provisions of this division or provisions of section 28-1848), a proposed PMD in the city CHO district may be considered and acted upon by the planning and zoning board pursuant to section 28-54, provided that (i) the proposed PMD includes only 1 phase, (ii) the proposed PMD meets all applicable PMD regulations, and (iii) no modification of development parameters are proposed. Otherwise, the proposed PMD shall be subject to the review and approval process set forth in section 28-1848.

(e)

Intensity. The intensity of a PMD shall be established through the review and approval of the PMD; provided, however, that floor area may not exceed a floor area ratio (FAR) of 0.5 of the gross land area developed as a PMD (excluding parking structures).

(f)

Building height. The maximum building height within a PMD in the city CHO district shall be determined by applying the requirements set forth in Section 6.5.H.4 of the ULDC (including the required setbacks set forth in the ULDC), assuming that the PMD site is vacant (whether or not the PMD site is actually vacant) and that the proposed building is placed to attain the greatest possible height. Provided, however, that the actual placement of the building shall be pursuant to section 28-937 including, but not limited to, minimum and maximum setback requirements, minimum frontage requirements and frontage determination and building orientation requirements.

(g)

A PMD development in the city CHO district shall be subject to the provisions of subsections (e) and subsections (h) through (q) of section 28-937.

(Ord. No. 5476, § 2, 1-8-19)