The regulations in this division shall apply in all light industrial and research park (LIRP) districts.

(Ord. No. 1594, § 1, 9-14-71; Ord. No. 1668, § 11, 6-13-72; Ord. No. 1746, § 1, 11-14-72; Ord. No. 2446, § 1, 4-18-78; Ord. No. 2708, § 3, 1-22-80; Ord. No. 2685, § 1, 3-25-80; Ord. No. 2745, § 1, 3-25-80; Ord. No. 2726, § 5, 4-22-80; Ord. No. 3203, § 1, 6-14-83; Ord. No. 3278, § 1, 4-24-84; Ord. No. 3633, § 1, 9-22-87; Ord. No. 3699, § 1, 6-28-88; Ord. No. 3705, § 17, 7-26-88; Ord. No. 3739, § 1, 11-7-88; Ord. No. 4162, § 2, 7-12-94)

In LIRP 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, and uses and activities incidental and accessory thereto:

(a)

Research uses, which shall include theoretical and applied research in all the sciences, product development and testing, engineering development and marketing development.

(b)

Light industrial uses, which shall include manufacturing, fabricating, processing, converting, altering and assembling, and testing of products, provided that no such uses shall:

1.

Cause or result in dissemination of dust, smoke, gas or fumes, odor, noise, vibration or excessive light beyond the boundaries of the lot on which the use is conducted; menace by reason of fire, explosion, radiation or other physical hazards; harmful discharge of waste materials; or unusual traffic hazards or congestion due to type or amount of vehicles required by or attached to the use. The performance standards for this paragraph shall be those set forth in section 28-1328.

2.

Be dangerous to the comfort, peace, enjoyment, health or safety of the community or the abutting areas or tend to their disturbance or annoyance.

3.

Be inconsistent with the appropriate and orderly development of the city and adjacent areas.

(c)

Business, professional and governmental office uses (including medical offices)

(d)

Permitted incidental and accessory uses shall include offices, salesrooms for the wholesale distribution of items manufactured on the premises, garages for storage and maintenance of company motor vehicles and for storage of gasoline and lubricating oils needed for operation of these vehicles and for the maintenance of the company's plant and machinery located therein; parking facilities; maintenance and utility shops for the upkeep and repair of buildings and structures on the site and equipment used on the site; central heating and power plants for furnishing heat and energy to structures on the site; facilities for water, drainage, sewerage, fire protection, electrical, telephone, and other utilities; educational facilities for training and study; storage buildings, helistops and heliports, as herein defined, subject to the provisions of section 28-1451 et seq.; communications facilities including antenna masts; clinics; cafeterias; recreational facilities; custodians and caretakers; data processing facilities; and employee credit unions.

(e)

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

(f)

The production, assembly, manufacture or the distribution of original works of art, including, but not limited to, a room or series of rooms devoted exclusively to the display of original works of art which are available for purchase.

(g)

The following commercial uses, which shall be limited, in the aggregate, to no greater than 20 percent of the gross floor area of the building in which such use or uses are located: florists, newsstands, retail shops, laundry and garment services, beauty and barber shops, automated teller machines, cafeterias, restaurants, retail pharmacies and medical marijuana treatment center dispensing facilities (which retail pharmacies and medical marijuana treatment center dispensing facilities, in order to be established, must meet both the requirements of this subsection and the requirements and limitations set forth in section 28-1312), and such other similar uses.

(h)

Reserved.

(i)

Service stations, subject to the requirements and limitations set forth in Article XV, Division 4. Provided, however, that notwithstanding the provisions of section 28-1388, any such service station shall be located at least 2,000 feet from any other service station, and at least 1,000 feet away from any plot used for residential purposes. For purposes of this subsection, distance separation requirements shall be measured from plot line to plot line.

(j)

Telecom web-hosting facilities.

(k)

Production studios for cinema, television, video and radio; sound stages; and accessory post production facilities, including, without limitation, facilities for the distribution of materials produced in said studios, sound stages, or facilities. No portion of any production studio, sound stage, or related facility shall be designed or used to allow for an audience or an observation area regardless of whether audience or observer attendance is free or for consideration.

(l)

Banks including freestanding banks and banks with drive-throughs.

(m)

Specialty storage; provided that (i) there shall be no more than 500,000 square feet (which will be allocated on a first come first serve basis), in the aggregate, for such use within this zoning district, and (ii) no specialty storage shall be located within a radius of 1,500 feet of another specialty storage. Specialty storage shall not include, either as a main or accessory use, the storage of motor vehicles. The parking rate specified in section 28-1655 for "self-service storage facilities" shall be applicable to specialty storage.

(n)

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

(Ord. No. 1594, § 1, 9-14-71; Ord. No. 1668, § 11, 6-13-72; Ord. No. 1746, § 1, 11-14-72; Ord. No. 2446, § 1, 4-18-78; Ord. No. 2708, § 3, 1-22-80; Ord. No. 2685, § 1, 3-25-80; Ord. No. 2745, § 1, 3-25-80; Ord. No. 2726, § 5, 4-22-80; Ord. No. 3203, § 1, 6-14-83; Ord. No. 3278, § 1, 4-24-84; Ord. No. 3633, § 1, 9-22-87; Ord. No. 3699, § 1, 6-28-88; Ord. No. 3705, § 17, 7-26-88; Ord. No. 3739, § 1, 11-7-88; Ord. No. 3964, § 1, 10-21-91; Ord. No. 4162, § 3, 7-12-94; Ord. No. 4290, § 20, 10-29-96; Ord. No. 4540, § 1, 9-14-00; Ord. No. 4573, § 8, 4-10-01; Ord. No. 4871, § 1, 5-24-05; Ord. No. 4998, § 1, 9-25-07; Ord. No. 5077, § 1, 4-28-09; Ord. No. 5226, § 1, 12-11-12; Ord. No. 5377, § 2, 2-28-17; Ord. No. 5513, § 11, 2-11-20; Ord. No. 5555, § 26, 1-26-21; Ord. No. 5660, § 3, 10-11-23)

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

(a)

Land or structures used exclusively or primarily for amateur recreational uses.

(b)

Warehousing, showroom and wholesale provided that these uses are in conjunction with a permitted use. The total floor space of the warehousing, showroom or wholesale uses shall not exceed 50 percent of the total square footage of the occupant.

(c)

Public, private and parochial nursery, kindergarten, elementary and high schools.

(d)

Production studios for cinema, television, video and radio, and other facilities permitted pursuant to section 28-977(k), with facilities designed or used to allow for an audience or an observation area.

(e)

Athletic training facilities, subject to the requirements and limitations set forth in section 28-1316.

(f)

Call centers, subject to the requirements and limitations set forth in section 28-1317.

(Ord. No. 4162, § 4, 7-12-94; Ord. No. 4323, § 20, 5-1-97; Ord. No. 4540, § 2, 9-14-00; Ord. No. 4567, § 1, 2-13-01; Ord. No. 4871, § 1, 5-24-05; Ord. No. 5040, § 20, 9-9-08; Ord. No. 5658, § 1, 9-12-23; Ord. No. 5660, § 4, 10-11-23)

The permitted uses for LIRP districts enumerated in section 28-977 shall not be construed to include, either as a main or accessory use, any of the following uses:

(a)

Truck or trailer sales; the storage, service, repair of or garaging of motor vehicles other than company motor vehicles; used-car lots; car washes.

(b)

Mortuaries.

(c)

Drive-in refreshment stands.

(d)

Bulk sales storage or display of lumber or building materials and supplies.

(e)

Outdoor displays of merchandise, except that displays of art may be permitted, subject to approval by the city manager or designee of the location thereof.

(f)

Drive-in theaters.

(g)

Plumbing shops or sheet metal shops with less than 10,000 square feet or having outdoor storage.

(h)

Animal hospitals and veterinary clinics.

(i)

Cabinet shops or carpenter shops with less than 10,000 square feet or having outdoor storage.

(j)

Warehouse uses, except as incidental to a permitted use.

(k)

Retail stores for sales to the general public (except as provided in section 28-977(g).

(l)

Package stores selling alcoholic beverages (except as provided in section 28-981).

(m)

Wholesale outlets, except those established for the sole purpose of selling items manufactured, fabricated, processed, converted or assembled on the premises.

(n)

Bars or cocktail lounges that are not accessory to a permitted conditional commercial node use.

(Ord. No. 1594, § 1, 9-14-71; Ord. No. 1668, § 11, 6-13-72; Ord. No. 1746, § 1, 11-14-72; Ord. No. 2446, § 1, 4-18-78; Ord. No. 2708, § 3, 1-22-80; Ord. No. 2685, § 1, 3-25-80; Ord. No. 2745, § 1, 3-25-80; Ord. No. 2726, § 5, 4-22-80; Ord. No. 3203, § 1, 6-14-83; Ord. No. 3278, § 1, 4-24-84; Ord. No. 3633, § 1, 9-22-87; Ord. No. 3699, § 1, 6-28-88; Ord. No. 3705, § 17, 7-26-88; Ord. No. 3739, § 1, 11-7-88; Ord. No. 3964, § 2, 10-21-91; Ord. No. 4162, § 5, 7-12-94; Ord. No. 5226, § 1, 12-11-12; Ord. No. 5377, § 3, 2-28-17; Ord. No. 5483, § 2, 4-23-19; Ord. No. 5660, § 5, 10-11-23; Ord. No. 5701, § 3, 10-22-24; Ord. No. 5706, § 35, 10-22-24)

The following regulations shall apply in the LIRP districts:

(a)

Height. Except as specifically provided in subsection (e), no building or structure, or part thereof, shall be erected or altered to a height exceeding 85 feet.

(b)

Required plot area. Each plot shall have an area of not less than 2½ acres and an average width of not less than 250 feet; provided, however, that any parcel in the former City of University Park created by subdivision, whether by platting or by sale, of record in the official records of the county as of January 21, 1971, shall be exempt from the above plot area and width requirement, if the parcel created by the subdivision contained less than 2½ acres prior to January 21, 1971.

(c)

Percentage of plot covered. Not more than 40 percent of the total area of a plot within the LIRP district shall be covered by buildings.

(d)

Intensity. Maximum intensity shall be as set forth in section 28-307.

(e)

Incentives for new construction or expansion of office buildings. Notwithstanding the other provisions of this article, the regulations set forth in this subsection establish increased maximum floor area ratio, increased maximum building height, and reduced minimum parking requirements for new or expanded office buildings that satisfy certain specified criteria.

(1)

Where an office building is constructed, or an existing building is expanded with additional office floor area, the following requirements must be satisfied for the incentives set forth in subsection (e)(2) to be applicable, in which case such incentives shall be applicable to the entire property under the site plan:

(i)

The construction or expansion must occur pursuant to a site plan or site plan amendment that received approval after October 11, 2023;

(ii)

The square footage of the new office building, or the square footage of the expansion, as applicable, exceeds 50,000 square feet;

(iii)

The square footage of the new or expanded office building constitutes more than 50 percent of the aggregate building square footage under the same site plan; and

(iv)

The plot is designated Planned Mobility (PM) on the Comprehensive Plan Future Land Use Map.

(2)

Where the requirements of subsection (e)(1) are satisfied, the following provisions for higher maximum height, reduced parking requirements and increased maximum FAR shall apply:

(i)

The new or expanded office building may be erected to a height not exceeding 100 feet;

(ii)

The required parking for the new or expanded office building shall be reduced to 85 percent of the off-street parking requirement set forth in article XVII; and

(iii)

The maximum floor area ratio (FAR) for all buildings under the same site plan shall be 0.85.

(3)

Where a development utilizes the incentives set forth in subsection (e)(2) of this section, the following requirements shall be applicable:

(i)

The applicant shall submit, for review and approval by city staff, a transportation demand management (TDM) program, which shall both satisfy the requirements set forth in chapter 23, article IV, division 8, and which shall include participation in the city's transit programs including, but not limited to, the payment of an annual fee to be established by a condition of approval in the site plan development order;

(ii)

Sidewalks shall be provided or expanded along all streets fronting the property to a minimum width of 8 feet; and

(iii)

Street trees, which shall be canopy/shade trees, shall be provided along all streets fronting the property, and shall be situated in a designated street tree planting zone located between the vehicular travel lanes and the sidewalk, planted at regular intervals of at least every 35 feet on center. The width of the street tree planting zone shall be sufficient to accommodate the proper growth of the trees, as determined by the development services director, but shall not be less than four (4) feet in width.

(f)

Required yards; landscaping.

1.

The minimum front yard or street yard shall be 100 feet in depth. The first 50 feet from the front plot line shall be fully landscaped. Yards abutting main line railroad rights-of-way shall not be less than 50 feet in depth.

2.

The minimum side and rear yards shall be 35 feet in depth. The first 10 feet from the plot lines shall be fully landscaped.

3.

Yards adjacent to railroads. Requirements for yards adjacent to interior or rear property lines shall not be applicable to buildings or facilities erected adjacent to a railroad siding. Where a railroad main line or siding abuts a roadway, the roadway shall be buffered by a 10-foot-deep landscaped yard.

4.

Where a structure exceeds 50 feet in height, additional front, side and rear yards of 1 foot for each 2 whole feet in height in excess of 50 feet shall be required.

5.

All required yards shall be kept clear of loading areas for supplies and services and buildings, provided that a gatehouse or security house may be located in a required yard.

6.

Landscaping required by this subsection shall include, but not necessarily be limited to, the planting of grass, ground cover, flower beds, shrubs, hedges, or trees. All landscaping shall be maintained in a healthy growing condition, neat and orderly in appearance, and free of refuse and debris. All planting shall be arranged and maintained so as not to obscure the vision of traffic. Unless so specified, there shall be no parking of vehicles in the landscaped area. All landscaping shall be approved in accordance with all applicable landscaping requirements set forth in this Code.

7.

All trucks in excess of 1-ton carrying capacity shall be parked in rear or side yards and screened from view from adjacent properties or any public rights-of-way, in accordance with all applicable landscaping requirements set forth in this Code. No trucks in excess of 1-ton carrying capacity may be parked in any street yard regardless of screening.

(g)

Storage. Outside storage of any materials, supplies or products shall not be permitted within any required front yard. Outside storage shall be properly screened to a height of 7 feet on all sides in accordance with all applicable landscaping requirements set forth in this Code.

(h)

Sidewalks; bicycle/pedestrian paths. All street frontage shall have sidewalks, except that private streets may have bicycle or pedestrian paths a minimum of 6 feet in width in lieu of sidewalks. The bicycle/pedestrian paths need not be located adjacent to such private streets. Plots not served by sidewalks shall be served by bicycle/pedestrian paths. Sidewalks or bicycle/pedestrian paths shall be constructed simultaneously with the streets and shall provide continuous circulation from 1 plot to another. Sidewalks and bicycle/pedestrian paths shall be illuminated to provide safety and security for their users.

(Ord. No. 1594, § 1, 9-14-71; Ord. No. 1668, § 11, 6-13-72; Ord. No. 1746, § 1, 11-14-72; Ord. No. 2446, § 1, 4-18-78; Ord. No. 2708, § 3, 1-22-80; Ord. No. 2685, § 1, 3-25-80; Ord. No. 2745, § 1, 3-25-80; Ord. No. 2726, § 5, 4-22-80; Ord. No. 3203, § 1, 6-14-83; Ord. No. 3278, § 1, 4-24-84; Ord. No. 3633, § 1, 9-22-87; Ord. No. 3699, § 1, 6-28-88; Ord. No. 3705, § 17, 7-26-88; Ord. No. 3739, § 1, 11-7-88; Ord. No. 4162, § 6, 7-12-94; Ord. No. 4228, § 1, 7-11-95; Ord. No. 5660, § 6, 10-11-23; Ord. No. 5706, § 36, 10-22-24)

Editor's note— Ord. No. 5660, § 6, adopted Oct. 11, 2023, amended § 28-980 and in doing so changed the title of said section from "Regulations applicable to light industrial and research uses" to "Property development regulations," as set out herein.

(1)

The following conditional commercial node uses may be considered and granted in LIRP districts as a part of a conditional commercial node master plan approval in accordance with division 4 of article II and the special standards set forth in this section. These uses are intended primarily for the convenience of the employees and patrons of permitted uses within the LIRP district.

(a)

Banks and financial institutions.

(b)

Reserved.

(c)

Business, professional and governmental offices (including medical offices).

(d)

Duplicating, copying, letter and secretarial service establishments.

(e)

Personal service shops.

(f)

Retail stores of not more than 10,000 square feet each of floor area.

(g)

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.

(h)

Restaurants of not less than 1500 square feet each of floor space, subject to the provisions of section 28-1328 and section 4-3.

(i)

Service stations, subject to the requirements and limitations set forth in Article XV, Division 4.

(j)

Hotels, motels of not less than 40 rooms.

(k)

Car and truck rentals, subject to the following restrictions and requirements:

1.

The parking/storage of car and truck rental vehicles shall be screened from view from all roadways by a masonry wall, berm, hedge or other landscaped screen. The location of parking/storage of car and truck rental vehicles shall be designated on plans approved by permit or a site plan approval, as applicable, and shall be located in the portion of the property that is least convenient for parking by patrons of all uses in the conditional commercial node;

2.

The washing, cleaning, or detailing of car and truck rental vehicles shall be performed in an area that has been designated on plans approved by permit or a site plan approval as applicable and shall not negatively impact other business areas or properties adjacent to the rental vehicle business site, including, but not limited to, parking, drainage, and vehicular and pedestrian circulation;

3.

The maintenance and repair of car and truck rental vehicles shall be prohibited; and

4.

All car and truck rental vehicles shall be limited to a carrying capacity of no greater than 1 ton.

(l)

Package stores selling alcoholic beverages, provided such store does not exceed 10,000 square feet of floor area and does not include a sampling/tasting customer service area (or any consumption of alcoholic beverages on the premises).

(m)

Uses accessory to any of the above uses, including the outdoor storage of passenger cars, panel or pickup trucks, or other items used in business in such areas as designated on the approved site plan and screened from view from all roadways by a masonry wall, berm, hedge or other landscaped screen.

(2)

The following conditional commercial node uses are prohibited:

(a)

Small loan offices.

(b)

Massage parlors, adult bookstores, X-rated movie theaters.

(c)

Reserved.

(d)

Bars and cocktail lounges that are not accessory to a permitted conditional commercial node use.

(e)

Sale of secondhand merchandise.

(f)

Eating establishments having curb service.

(g)

Living quarters for the owner or operator.

(h)

Outdoor displays.

(3)

Conditional commercial node uses in the LIRP district shall conform to all of the following requirements:

(a)

The maximum area to be used for any conditional commercial node shall not exceed 30 acres, and the minimum area to be used for any conditional commercial node shall be 5 acres. The term "area" as used herein shall mean the total area contained within the proposed commercial node, including on-site streets and rights-of-way (whether or not publicly dedicated), utility and drainage easements (whether or not dedicated or otherwise granted to a particular utility or drainage district), and water bodies.

(b)

The minimum open space shall be 25 percent, excluding parking, drives and roads.

(c)

The maximum floor area ratio of a commercial node shall not exceed 0.40 unless at least 35 percent open space is provided in which case a maximum floor area ratio of 0.5 shall be permitted. Areas used for hotel or motel purposes are not subject to any floor area ratio limitation, provided that the land area and floor area used for hotel and motel purposes shall not be included in the floor area ratio calculations for any property not used for hotel or motel purposes. As used herein the term "floor area" means the sum of the gross areas of the horizontal plane of each story of a building excluding parking structure measured from the exterior faces of the exterior walls or from the centerline of walls separating 2 buildings, excluding attic areas, unenclosed stairs or fire escapes, atrium space, and basement space where the ceiling is less than 72 inches above the floor.

(d)

The configuration of land for which a conditional commercial node application is made shall contain sufficient width and depth to adequately accommodate the proposed uses and design and to create a plot conducive to the clustering of the buildings and not the strip placement of the buildings.

(e)

The application for a conditional commercial node use approval shall be filed jointly by all parties which own or lease the tract of land along with a master plan which provides the following:

1.

Location of roads and roadway access;

2.

A drainage plan;

3.

Coordinated perimeter buffering;

4.

Location of water, sewer and other utilities;

5.

A general development plan indicating the approximate location of common areas (if any) and proposed general areas which may be used for gas stations, retail uses, office uses, hotel and motel uses;

6.

Site plans which are consistent with an approved conditional commercial node master plan may be approved by the planning and zoning board as provided in section 28-51 et seq.

(f)

A minimum side and rear landscaped yard area 35 feet in depth from the property line and a minimum street landscaped area 50 feet in depth from the property line shall be provided. Sidewalks or bicycle/pedestrian paths may be located within these landscaped yard areas. Driveways may cross the street yard.

(g)

No building or structure or part thereof shall be erected to a height exceeding 85 feet. When a structure exceeds 50 feet in height, all required yards shall be increased 1 foot for each additional 2 feet in height above 50 feet.

(h)

Landscaping of the required yards shall be provided as described in (4)(f) above.

(i)

No building or structure shall be erected which has a ground floor area of less than 2,000 square feet except as otherwise provided in this subsection.

(j)

The conditional commercial nodes shall be considered from the standpoint of a comprehensive project development. The proposed site development, the size, nature and type of buildings shall be considered pursuant to section 28-51 et seq.

(k)

The entrance to a conditional commercial node shall not be located within 500 feet driving distance of the following major thoroughfares:

1.

Congress Avenue.

2.

Military Trail.

3.

Clint Moore Road.

4.

N.W. 51st Street (SR 794).

5.

N.W. 40th Street (SR 800).

6.

Glades Road (SR 808).

7.

Interstate 95.

(l)

All access to the conditional commercial nodes shall be from secondary streets or roads.

(m)

No more than 6 percent of the total gross acreage of any plot or 2 or more plots under a joint master plan approval in the LIRP district and any LIRP district adjoining the LIRP district may be designated for conditional commercial node uses in the LIRP district. Restrictive covenants to this effect shall be required to be recorded in the public records of the county as a condition precedent to approval of any conditional commercial node use.

(n)

Development of conditional commercial nodes shall not precede development of 15 percent of the remaining area under the joint master plan. "Remaining area" shall mean that portion of the land other than the portions designated as conditional commercial nodes.

(o)

In the event of a lease, grant by easement, license or other form of conveyance by an owner to a governmental agency or its agent, a portion of land in a conditional commercial node project for use as parking and related facilities for mass transit shall be permissible for such land to be used in satisfaction of the requirements for landscaped yards, setbacks, open space, floor area ratio and other requirements for such projects as set forth in this subsection; provided, however, that if the land shall revert back to the owner for any reason, including, but not limited to, expiration or termination of the lease, easement, license or other conveyance, the only permitted use for the land shall be for landscaped open space.

(4)

The development requirements established in subsection (3) above may be modified, in whole or in part, by the city council through the conditional use process if the city council determines such modification(s) (i) to be in the public interest and (ii) to meet the objectives of the multi-modal transportation initiative; provided however, that no modification shall be made to the requirements established in subsections 3(c) and 3(m), above.

(Ord. No. 1594, § 1, 9-14-71; Ord. No. 1668, § 11, 6-13-72; Ord. No. 1746, § 1, 11-14-72; Ord. No. 2446, § 1, 4-18-78; Ord. No. 2708, § 3, 1-22-80; Ord. No. 2685, § 1, 3-25-80; Ord. No. 2745, § 1, 3-25-80; Ord. No. 2726, § 5, 4-22-80; Ord. No. 3203, § 1, 6-14-83; Ord. No. 3278, § 1, 4-24-84; Ord. No. 3633, § 1, 9-22-87; Ord. No. 3699, § 1, 6-28-88; Ord. No. 3705, § 17, 7-26-88; Ord. No. 3739, § 1, 11-7-88; Ord. No. 4162, § 7, 7-12-94; Ord. No. 4323, § 21, 5-1-97; Ord. No. 4998, § 2, 9-25-07; Ord. No. 5040, § 21, 9-9-08; Ord. No. 5483, § 1, 4-23-19; Ord. No. 5660, § 7, 10-11-23; Ord. No. 5706, § 37, 10-22-24)

Notwithstanding the district regulations applicable to other uses in the LIRP district and set forth in section 28-980, the following regulations shall apply to child care facilities in this district:

(a)

Required plot area. An otherwise existing and conforming LIRP plot shall not be rendered nonconforming by the creation of an LIRP child care facilities plot.

(b)

Required yards.

1.

Yards facing an existing or dedicated public street shall not be less than 50 feet in depth. The first 25 feet from the street line shall be fully landscaped.

2.

Yards adjacent to interior or rear property lines shall not be less than 25 feet in depth. The first 10 feet from the property lines shall be fully landscaped.

(c)

All other regulations applicable to child care facilities as set forth in this Code shall apply.

(Ord. No. 1594, § 1, 9-14-71; Ord. No. 1668, § 11, 6-13-72; Ord. No. 1746, § 1, 11-14-72; Ord. No. 2446, § 1, 4-18-78; Ord. No. 2708, § 3, 1-22-80; Ord. No. 2685, § 1, 3-25-80; Ord. No. 2745, § 1, 3-25-80; Ord. No. 2726, § 5, 4-22-80; Ord. No. 3203, § 1, 6-14-83; Ord. No. 3278, § 1, 4-24-84; Ord. No. 3633, § 1, 9-22-87; Ord. No. 3699, § 1, 6-28-88; Ord. No. 3705, § 17, 7-26-88; Ord. No. 3739, § 1, 11-7-88; Ord. No. 4162, § 8, 7-12-94)

(1)

It is the intent of this section to allow a limited number of retail and service uses in the area of the city zoned LIRP to serve the needs of the owners, employees and patrons of the businesses located within the district. Because these uses are primarily intended to benefit the users of property in the district, these nodes shall be located at sites determined to provide optimal access to employees and patrons of business located within the district.

(2)

The following conditional employee service node uses in the LIRP district may be considered and granted as part of master plan approval in accordance with division 4 of article II and the special standards set forth in this section. These uses are intended primarily for the convenience of employees and patrons of uses within the LIRP district:

(a)

Restaurants;

(b)

Retail stores of not more than 10,000 square feet each of floor area;

(c)

Personal service shops, such as drycleaners, beauty shops and barbershops;

(d)

Duplicating, copying, letter, and secretarial service establishments;

(e)

Banks (retail service only);

(f)

Service stations, subject to the requirements and limitations set forth in Article XV, Division 4;

(g)

Travel agencies;

(h)

Insurance agencies.

(3)

The following uses are prohibited in an employee service node:

(a)

Business, professional and governmental offices (including medical offices);

(b)

Financial institutions (except for retail banking).

(4)

Employee service nodes used in the LIRP district shall conform to all of the following requirements:

(a)

The maximum area to be used for any employee service node shall not exceed 8 acres, and the minimum area to be used for any employee service node shall not be less than 2.5 acres.

(b)

The maximum node area shall not exceed 2 percent of the total area of an approved LIRP master plan. For nodes adjacent to approved LIRP master plans, the maximum node area shall not exceed 2 percent of the total area of the LIRP master plan which is adjacent. The maximum number of employee service nodes, including nodes adjacent to land in an approved LIRP master plan, shall be limited to 1 node per LIRP approved master plan.

(c)

Employee service nodes shall not be permitted within 500 feet of or adjacent to residentially zoned property or an approved commercial node. No property line of an employee service node shall be within 1,000 feet of the right-of-way of Military Trail.

(d)

The application for a conditional employee service node uses shall include the following:

1.

Market studies assessing the need for convenience services and identifying how the proposed uses serve the specific needs of the area;

2.

Traffic studies;

3.

Location of roads and roadway access;

4.

A drainage plan;

5.

Coordinated perimeter buffering;

6.

Location of water, sewer and other utilities;

7.

Consistency with the adopted comprehensive plan.

8.

Concurrency with the adopted levels of service within the comprehensive plan.

(e)

The maximum floor area ratio of all structures in an employee service node shall not exceed 0.15.

(f)

The minimum open space shall be 25 percent, excluding parking, drives and roads.

(g)

The configuration of land for which an employee service node application is made shall contain sufficient width and depth to adequately accommodate the proposed uses and design and to create a plot conducive to the clustering of the buildings and not the strip placement of the buildings. Any site on which a structure for which a certificate of occupancy has been issued as of October 9, 1990, shall not be eligible for inclusion as or conversion to an employee service node.

(h)

No building or structure or part thereof shall be erected to a height exceeding 25 feet or 2 stories.

(i)

A minimum street yard of 100 feet shall be provided with the first 50 feet from the street landscaped. Yards adjacent to property lines with no street frontage shall be not less than 35 feet in depth with the first 10 feet from the property lines fully landscaped.

(j)

All access to the employee service node shall be from secondary streets or roads.

(k)

No building or structure shall be erected which has a ground floor area of less than 1,500 square feet.

(l)

At no time shall the employee service node square footage exceed 1.5 percent of constructed/built development square footage within the area proposed to be served in the market study.

(m)

Site plans which are consistent with a resolution of the city council approving conditional employees service node uses on a specific parcel of land identified in the resolution may be approved by the planning and zoning board as provided in section 28-51 et seq.

(Ord. No. 3877, § 1(25-77.1(F)), 10-9-90; Ord. No. 4162, § 9, 7-12-94; Ord. No. 4323, § 22, 5-1-97; Ord. No. 4324, § 1, 4-23-97; Ord. No. 5660, § 8, 10-11-23)

(1)

A large scale light industrial research park (LIRP) development ("LS development") shall be any parcel or parcels of land which:

(a)

Are zoned LIRP;

(b)

Are in excess of 500 acres; and

(c)

Are under common ownership; and

(d)

Are approved as a development of regional impact pursuant to section 380.06, Florida Statutes.

(2)

The following requirements shall apply to all LS development:

(a)

Subsections (5), (10), (11), (12), (13), (14), (15) and (16);

(b)

All conditional commercial nodes shall be located at least 500 feet from the perimeter of the LS development; provided, however, that Spanish River Boulevard shall not be considered a perimeter roadway; and

(c)

The average floor area ratio for all conditional commercial nodes within an LS development shall not exceed 0.4 and no commercial node shall exceed 0.5.

(3)

In addition to the permitted uses set forth in section 28-977 and the conditional uses set forth in section 28-978, the owner of an LS development may request conditional use approval of conditional commercial nodes, employee service nodes and hotel parcels in accordance with this section. The request shall be reviewed, and may be approved, denied, approved with conditions, or modified, in accordance with the procedures and general standards set forth in Chapter 28, Article II, Division 4, the applicable standards set forth in sections 28-977, 28-978, 28-979, 28-980, 28-981, and 28-983, and the special standards in this section.

(4)

The following special standards shall be met by all applicants for approval of any node or hotel parcel in an LS development pursuant to this section:

(a)

The use shall encourage conservation of community resources;

(b)

The use shall minimize the impact of the proposed development on the community; and

(c)

The use is an innovative and efficient use of land.

(5)

The owner of an LS development may request no more than 2 conditional commercial nodes. All applications shall meet the special standards for conditional commercial nodes set forth in section 28-981 and subsections (2), (10), (11), (12), (14), (15) and (16) hereof. Approval of the locations shall occur in connection with the issuance of a development of regional impact development order.

(6)

The owner of an LS development may request permission for 2 retail stores not to exceed 50,000 square feet of floor area each in any conditional commercial node located nearest to the perimeter of the LS development, and 4 retail stores not to exceed 50,000 square feet of floor area each in any other conditional commercial node, subject to the following special standards:

(a)

The total number of retail stores not to exceed 50,000 square feet permitted pursuant to this subsection shall not exceed 6; and

(b)

The special standards in subsections (2), (5), (10), (11), (12), (14), (15) and (16), hereof.

(7)

The owner of an LS development may request no more than 2 employee service nodes. Approval of the locations shall occur in connection with the issuance of a development of regional impact development order. The total land area permitted under section 28-983(4)(a) and (b) shall not be exceeded, except to accommodate and facilitate the establishment of a Tri-Rail mass transit or internal shuttle facility serving the LS development. The floor area limitations set forth in section 28-983(4)(e) shall be based upon the employee service node land area permitted under sections 28-983(4)(a) and (b). The employee service nodes shall be subject to the special standards in subsections (2), (10), (11), (12), (14), (15) and (16) hereof.

(8)

The owner of an LS development may request 1 or more hotels, not exceeding in the aggregate 600 hotel rooms on parcels other than conditional commercial nodes, subject to the special standards in subsections (12), (13), (14), (15) and (16). The 600 hotel room limitation shall include hotel rooms located in conditional commercial nodes.

(9)

An LS development must comply with the criteria in section 28-980, provided, however, the owner of the LS development may petition the city council to modify any of these criteria, except height, for all parcels except those along any of the major thoroughfares listed in section 28-981(3)(k) and as such thoroughfares are extended within the LS development.

(10)

Any employee service node shall be separated by 2,000 feet from any other employee service node. Conditional commercial nodes shall be separated by a body of water, a nonretail parcel or 220 feet, whichever is greater.

(11)

No conditional commercial node or employee service node may be located within a square area 1 side of which runs 750 feet east along Yamato Road from the intersection of Yamato Road and Military Trail, 1 side of which runs 750 feet south along Military Trail from said intersection and the other 2 sides being the perpendicular extensions of the terminus of said lines.

(12)

Nightclubs are prohibited, except in a hotel.

(13)

The maximum floor area ratio for nonretail uses shall be 0.45.

(14)

Except as otherwise permitted, there shall be no curb cuts or direct access to or from any conditional commercial node or employee service node or hotel, to or from Military Trail, Banyan Road, Congress Avenue, Yamato Road, or Spanish River Boulevard, including any extension of such roads by any applicant.

(15)

Any area approved as an environmental preserve in the development of regional impact development order shall be protected by an adequate buffer pursuant to the criteria in Chapter 20.

(16)

Parking facilities may be shared by parcels in an LS development provided that:

(a)

All required parking shall be provided for all uses on each of the sharing parcels; and

(b)

Permanent easements acceptable to the city attorney are granted from and to each sharing parcel and the shared parking facility.

(17)

Nothing in this section is intended to limit or alter the review and approval authority of the city council over an LS development which utilizes 1 or more of the provisions of this section.

(Ord. No. 4403, § 1, 8-25-98)

(1)

Definitions. The following words, terms and phrases when used in this section, shall have the following meanings:

(a)

"Accessory transit oriented retail/personal service uses" shall mean retail uses and personal service uses that are provided as a convenience to transit users. These retail uses and personal service uses are accessory and subordinate to the main transit use and are provided as a service to the transit user. Accessory transit oriented retail/personal service uses may include restaurants catering to the transit public, the sale of retail goods such as sundries, prescription and nonprescription drugs, cosmetics, magazines, newspapers, videos, books, stationery and office supplies, and personal service uses such as travel and ticket services, dry cleaning drop off and pick up, photo processing, and financial services.

(b)

"Conditional intermodal node" shall mean a parcel or parcels of land proposed and developed to accommodate conditional intermodal node uses subject to the provisions of section 28-985, Code of Ordinances.

(c)

"Conditional intermodal node uses" shall mean a use promoting the movement of people by modes of travel other than the private automobile. Conditional intermodal node uses shall include, at a minimum, 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, business and professional offices and government buildings.

(2)

It is the intent of this section to allow conditional intermodal node uses as a conditional use in order to promote the movement of people by modes of travel other than the private automobile and designed to increase service to the riding public, reduce congestion on city roads and improve transportation system capacity within one or more transportation corridors.

(3)

Conditional intermodal node uses shall be reviewed and approved, and be subject to the provisions of division 4 of article II, chapter 28, Code of Ordinances. All proposed conditional intermodal node use applicants shall provide a master plan, which shall be incorporated into the conditional use approval. Such master plan shall be implemented by site plans reviewed and approved in accordance with division 2 of article II, chapter 28, Code of Ordinances.

(4)

Special standards for conditional intermodal nodes. Conditional intermodal nodes shall conform to all of the following requirements, in addition to all other applicable requirements of the Code of Ordinances:

(a)

Conditional intermodal nodes shall not be less than 5 acres in area and shall not exceed 15 acres in area. Conditional intermodal nodes may include land controlled by the conditional intermodal node applicant and adjoining lands dedicated for public easements, utilities, drainage and other public service easements; provided, however, in the event the applicant is not the owner of such adjoining lands within the node, the applicant shall obtain the written consent of the owner of such adjoining lands within the node for any application pursuant to this section;

(b)

Except for driveways, yards facing an existing or dedicated public street shall be not less than 100 feet in depth. The first 50 feet from the street line shall be fully landscaped. A 5-foot landscaped setback shall be required on all interior property lines except where the property line abuts a public canal easement or a railroad right-of-way. No setback shall be required at property lines abutting a public canal easement or a railroad right-of-way;

(c)

No building or structure or part thereof shall be erected to a height exceeding 85 feet. When a structure exceeds 50 feet in height, all required yards shall be increased 1 foot for each additional 2 feet in height above 50 feet;

(d)

Parking shall be provided to serve the conditional intermodal node and accessory business and professional offices and government buildings subject to the requirements of article XVI of Chapter 28, unless otherwise provided in this division.

(5)

Special standards for accessory transit oriented retail/personal service uses. Accessory transit oriented retail/personal service uses shall be developed as an integral part of the conditional intermodal node and shall be subject to the following supplemental locational and development special standards:

(a)

Accessory transit oriented retail/personal service uses shall not be located within 100 feet of any publicly dedicated street;

(b)

Accessory retail/personal service uses shall not exceed 10,000 square feet. Notwithstanding the foregoing, an additional 10,000 square feet of accessory retail/personal service uses may be permitted in a node provided that the average weekday boardings and alightings at the commuter passenger rail station are equal to or exceed the number of gross daily trips generated by the aggregate accessory retail/personal service uses square footage;

(c)

Individual accessory transit oriented retail/personal service uses shall not exceed 4,000 square feet each of gross floor area for each establishment;

(d)

No single accessory transit oriented retail/personal service use, as defined in section 28-985(1)(a), shall exceed 50 percent of the total permitted gross floor area of the transit oriented retail/personal service square footage;

(e)

Accessory transit oriented retail/personal service uses shall not front on a publicly dedicated street;

(f)

Signage for accessory transit oriented retail/personal service uses shall not be visible from a publicly dedicated street;

(g)

Accessory transit oriented retail/personal service uses shall be accessible only from walkways which provide access to the commuter rail facility platform;

(h)

Parking for accessory transit oriented retail/personal service uses shall be provided at a rate of 15 percent of the number of parking spaces required pursuant to Code section 28-1655; and

(i)

Drive-through or drive-in facilities shall not be permitted as a accessory transit oriented retail/personal service uses.

(Ord. No. 4695, § 1, 4-8-03)

(1)

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

(a)

Zoned LIRP;

(b)

Designated planned mobility on the future land use map of the city's comprehensive plan; and

(c)

Approved for development pursuant to chapter 28, article XVII, division 8 planned mobility developments.

(2)

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

(3)

Uses. In addition to the permitted, conditional and accessory uses set forth in sections 28-977 and 28-978, the following uses are permitted in a PMD:

(a)

Multi-family residential dwellings;

(b)

Neighborhood serving retail as defined in section 28-2;

(c)

Hotel and motel;

(d)

Business and professional offices other than medical;

(e)

Financial institutions provided that no such establishment may provide drive-through services unless walk-up service is also provided. In no event shall drive-through services for such establishments exceed 2 lanes for the PMD;

(f)

Recreational uses;

(g)

Cultural facilities;

(h)

Educational, including institutions of higher learning and specialized schools such as technological schools;

(i)

Medical offices and clinics, provided that such medical offices and medical clinics are part of an educational institution or community hospital located within the city;

(j)

Uses accessory to the above; and

(k)

Other uses, not listed above, which are determined by the city manager to be similar or comparable to those listed above and which other uses further and enhance planned mobility strategies as defined in section 28-2.

(4)

Density/intensity. The density and intensity of a PMD are established through the review and approval of the PMD; provided, however, that:

(a)

Residential density may not exceed 20 dwelling units per acre of gross land area of the parcel developed as a PMD.

(b)

Non-residential floor area may not exceed a floor area ratio of 0.6 of the gross land area of the parcel developed as a PMD.

(c)

In no event, shall the total square feet of development for all buildings, including residential buildings, hotels and motels, and non-residential structures regardless of use (but excluding parking structures), within the PMD exceed 60 percent of the total square feet of the parcel developed as a PMD. Notwithstanding anything to the contrary set forth in this chapter, the square footage within a fully enclosed rear loaded garage of a rear loaded unit in a planned mobility development (PMD) project shall not be included in the calculation of floor area.

(5)

Building height. The maximum building height within the boundaries of a PMD shall be 85 feet.

(6)

Limitations; repeal. Any use which is approvable under chapter 28, article XVII, division 8 and this section 28-986 is subject to the terms, conditions, and limitations of chapter 28, article XVII, division 8. In addition, this section 28-986 shall be deemed repealed without requirement for any notice or action contemporaneously with the repeal of chapter 28, article XVII, division 8, as more specifically provided in section 28-1855.

(Ord. No. 5224, § 1, 12-11-12; Ord. No. 5302, § 2, 4-28-15; Ord. No. 5392, § 2, 5-23-17)

(1)

Eligibility requirements. The development parameters set forth in article XVII, division 9, "enhanced mobility development," shall only apply to lands which are:

(a)

Zoned LIRP;

(b)

Designated enhanced mobility (EM) on the future land use map of the city's comprehensive plan, and are within a proposed development site that is located wholly or partly within ½ mile of the Yamato Tri-Rail Station (measured from the main entrance of the station to the nearest boundary line of the lands) and west of Interstate 95; and

(c)

Approved for development pursuant to the procedures and regulatory framework set forth in chapter 28, article XVII, division 9, "enhanced mobility development," which requires a master plan setting forth, among other things, all intensities, densities, open space, phasing, uses, yards, and parking requirements.

(2)

Non-EMD. Nothing in this section or in chapter 28, article XVII, division 9, shall require lands zoned LIRP and designated enhanced mobility on the future land use map of the city's comprehensive plan to exist, develop or redevelop as an EMD. All such lands may exist, develop or redevelop under the non-EMD provisions of the LIRP district regulations and the planned development regulations. However, upon approval of a property as an EMD, the provisions of division 9 shall apply to that property for so long as the EMD approval is in effect. In the event an EMD expires or is abandoned, subsequent development on the property shall adhere to the non-EMD provisions of the LIRP district regulations, and no development shall be permitted if the maximum non-EMD density and/or intensity of the LIRP district regulations is exceeded.

(3)

Density/intensity. The density and intensity of an EMD are established through the review and approval of the EMD master plan; provided, however, that:

(a)

Residential density shall not exceed 10 dwelling units per acre of gross land area of the EMD master plan.

(b)

Non-residential floor area shall not exceed a floor area ratio of 0.85 of the gross land area of the EMD master plan.

(c)

Maximum aggregate intensity in an EMD shall be as set forth in section 28-307.

(d)

For purposes of determining the maximum density and intensity in an EMD, an EMD hotel shall be considered a non-residential use and live-work units shall be considered residential uses.

(e)

Density and intensity limits for an EMD shall be determined based on the total land area specified in the approved EMD master plan, and may be exceeded within an individual EMD site plan, as long as, at the conclusion of each development sequence, the maximum density and intensity under the EMD master plan as a whole are not exceeded, or, in the event there are no development sequences, as long as the maximum density and intensity are not exceeded under the EMD master plan.

(f)

An individual site plan must satisfy all required parking and open space, and any other required infrastructure or required elements, but such required elements need not be located and completed within that same site plan or within that development sequence, but may instead be located and completed elsewhere within the EMD master plan and/or in a different development sequence. Similarly, density and intensity limits may be exceeded within an individual site plan, or within any particular development sequence, as long as the maximum densities and intensities for the EMD master plan as a whole are not exceeded. Provided, however, required parking, open space and/or other required infrastructure or elements or regulatory requirement may only be counted once and cannot be applied to multiple site plans or development sequences. For example, the same parking space or square foot of open space cannot be applied to more than 1 site plan and/or development sequence.

(4)

Uses. In an EMD, no building, structure, land, or part thereof shall be erected, altered or used, either in whole or in part, for other than one or more of the following specified uses, as such uses are defined in section 28-2 and article XVII, division 9, as applicable:

(a)

Multifamily residential dwellings.

(b)

Health and wellness facilities, spas, fitness centers, gyms, health clubs, salons, barber shops, and personal care services.

(c)

EMD hotels.

(d)

Restaurants, except for drive-through restaurants which are prohibited in an EMD.

(e)

Bars, nightclubs and drinking establishments, subject to restrictions set forth in section 4-3.

(f)

Live-work units, subject to the requirements set forth in section 28-1880.

(g)

Retail.

(h)

Life science and bio-science facilities.

(i)

Professional and business offices.

(j)

Medical offices and medical clinics, with permitted accessory uses, including, but not limited, to a clinical laboratory and training facility.

(k)

Public, private and parochial nursery, kindergarten, elementary and high schools. Such uses may include adult education and educational labs.

(l)

Business, trade, technical or secretarial schools.

(m)

Child care and adult care centers, subject to the requirements set forth in article XV, division 5, provided however that child care centers may be allowed on any floor in a multifamily or commercial use building.

(n)

Commercial venues for music, art, performance, and entertainment, including, but not limited to, indoor and/or outdoor seated concert venues, comedy clubs and similar uses. The aggregate number of seats for such venues shall not exceed 5,000 seats, and such venues are limited to Monday through Friday after 5:00 p.m., weekends and federal holidays. The incidental use of the venue as a passive amenity is permitted at any time or day of the week, provided that such incidental usage is not intended to, and does not have the effect of, creating a large gathering of people.

(o)

Museums.

(p)

Commercial recreation (indoor only), which shall be limited to a maximum of 20,000 square feet of floor area.

(q)

Conference centers, with a maximum capacity of 2,100 attendees.

(r)

Alternative power generation and services.

If an EMD master plan is adopted in accordance with section 28-1874, any LIRP uses that exist within a property on the adoption date shall be vested in accordance with chapter 28, article V.

(5)

Building height. The maximum building height within the boundaries of an EMD shall be 85 feet.

(6)

Limitations. Any use which is allowed under chapter 28, article XVII, division 9 and this section 28-987 is subject to the terms, conditions, and limitations of chapter 28, article XVII, division 9.

(Ord. No. 5655, § 6, 10-11-23)

For any development order issued in reliance upon section 28-977(c) in effect prior to the amendments approved pursuant to Ordinance No. 5660 adopted on October 11, 2023, such development order shall remain subject to the code provisions prior to Ordinance No. 5660 and to all conditions of approval included in such development order; provided, however, nothing shall restrict an application by a property owner for amendment to such development order in compliance with the code in effect at the time of consideration of such amendment.

(Ord. No. 5660, § 10, 10-11-23)

Editor's note— Ord. No. 5660, § 10, adopted Oct. 11, 2023, set out provisions intended for use as § 28-987. Inasmuch as there were already provisions so designated, said section has been codified herein as § 28-988 at the discretion of the editor.

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

(Ord. No. 1978, § 1, 5-21-74; Ord. No. 2448, § 1, 4-18-78; Ord. No. 3100, § 1, 5-25-82; Ord. No. 3226, § 1, 7-26-83; Ord. No. 3705, § 20, 7-26-88)

In W-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)

Warehouses or storage buildings, and normal incidental and accessory uses thereof; 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).

(b)

Wholesaling, when incidental to a warehouse or storage area.

(c)

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

(d)

Office uses related to scientific or industrial research, product development and testing, engineering development and marketing development, corporate offices; providing, however, that they do not provide services or uses to the general public on premises, and such other office uses, including support services, as well as uses which are accessory to and compatible with research and light industrial uses. Support services for the purposes of this zoning district shall be defined as companies which supply services utilized wholly by other companies located in the industrial zoning districts. These include clerical service companies, office equipment maintenance services, janitorial services, corporate travel agencies, corporate credit unions, corporate training facilities, and other similar uses. Support service uses shall not exceed 10 percent of any structure devoted to a permitted or conditional use.

(e)

Regulated uses (adult entertainment establishments as set forth in section 28-1616 et seq.).

(f)

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

(g)

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

(Ord. No. 1978, § 1, 5-21-74; Ord. No. 2448, § 1, 4-18-78; Ord. No. 3100, § 1, 5-25-82; Ord. No. 3226, § 1, 7-26-83; Ord. No. 3705, § 20, 7-26-88; Ord. No. 4290, § 21, 10-29-96; Ord. No. 4317, § 1, 4-8-97; Ord. No. 4882, § 4, 8-9-05; Ord. No. 5369, § 4, 5-23-17; Ord. No. 5555, § 27, 1-26-21)

Permitted incidental and accessory uses in W-1 districts shall include offices primarily related to the warehouse function, garages for storage and maintenance of company motor vehicles, and for the storage of gasoline and lubricating oil needed for operation of these vehicles and for the maintenance of the company's plant and machinery; parking facilities, maintenance and utility shops for the upkeep and repair of buildings and structures on the site and equipment used on the site; central heating and cooling and power plants for furnishing energy to structures on the site; collection and distribution facilities for water, drainage, sewerage, electrical, telephone, and other utilities for the site; fire protection facilities for the site; communications facilities, including antenna masts; mobile food dispensing vehicles (subject to the requirements and limitations set forth in section 28-1315).

(Ord. No. 1978, § 1, 5-21-74; Ord. No. 2448, § 1, 4-18-78; Ord. No. 3100, § 1, 5-25-82; Ord. No. 3226, § 1, 7-26-83; Ord. No. 3705, § 20, 7-26-88; Ord. No. 5540, § 3, 9-22-20)

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

(1)

Research uses. Research uses shall include theoretical and applied research in all the sciences, product development and testing, engineering development and marketing development.

(2)

Light industrial uses. Light industrial uses shall include manufacture, fabricating, processing, converting, altering and assembling of products, provided that no such use shall:

(a)

Cause or result in dissemination of dust, smoke, gas or fumes, odor, noise, vibration or excessive light beyond the boundaries of the plot on which the use is conducted; menace by reason of fire, explosion, radiation, or other physical hazards; harmful discharge of waste material or unusual traffic hazards or congestion due to type or amount of vehicles required by or attracted to the use. The performance standards for this paragraph shall be those set forth in section 28-1328.

(b)

Be dangerous to the comfort, peace, enjoyment, health or safety of the community or the abutting areas or contribute to their disturbance and annoyance.

(c)

Be inconsistent with the appropriate and orderly development of the city and adjacent areas.

(3)

Telecom web-hosting facilities.

(4)

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

(Ord. No. 1978, § 1, 5-21-74; Ord. No. 2448, § 1, 4-18-78; Ord. No. 3100, § 1, 5-25-82; Ord. No. 3226, § 1, 7-26-83; Ord. No. 3705, § 20, 7-26-88; Ord. No. 4323, § 23, 5-1-97; Ord. No. 4573, § 9, 4-10-01; Ord. No. 5369, § 5, 5-23-17)

(1)

Warehouse or storage buildings constructed in W-1 districts shall be used only for temporary, long-term, static or in-and-out storage of products of all types except the following:

(a)

Products classified as flammable, explosive, radioactive, corrosive, restricted or dangerous.

(b)

Products designated as hazardous by the fire chief of the city, according to the criteria established by the national fire prevention codes adopted by the city.

(2)

Such warehouses may be divided into walled bays of not less than 6,000 square feet for sale or lease to separate individuals or entities for the uses permitted herein.

(Ord. No. 1978, § 1, 5-21-74; Ord. No. 2448, § 1, 4-18-78; Ord. No. 3100, § 1, 5-25-82; Ord. No. 3226, § 1, 7-26-83; Ord. No. 3705, § 20, 7-26-88)

No building or structure, or part thereof, shall be erected or altered in a W-1 district to a height exceeding 50 feet, except for communication antennas which shall be limited to a height that, should an antenna fall to the ground, it shall not extend beyond the boundaries of the plot on which it is located, or to a height limited by federal regulations, whichever is less.

(Ord. No. 1978, § 1, 5-21-74; Ord. No. 2448, § 1, 4-18-78; Ord. No. 3100, § 1, 5-25-82; Ord. No. 3226, § 1, 7-26-83; Ord. No. 3705, § 20, 7-26-88)

Each plot in a W-1 district shall have an area of not less than 2.5 acres and an average width of not less than 250 feet, except that any plot 5 acres in size or greater shall have an average width of not less than 300 feet. A "plot" shall mean a parcel of land occupied or to be occupied by a building or use, and accessory buildings and accessory uses, together with yards and open spaces required by this division.

(Ord. No. 1978, § 1, 5-21-74; Ord. No. 2448, § 1, 4-18-78; Ord. No. 3100, § 1, 5-25-82; Ord. No. 3226, § 1, 7-26-83; Ord. No. 3705, § 20, 7-26-88)

(1)

Front yards. Every plot in an W-1 district shall have a front landscaped yard not less than 50 feet in depth, unless a greater depth is required under the provisions of section 28-304.

(2)

Side yards. There shall be a minimum landscaped side yard of 35 feet on each side of every plot, unless a greater depth is required under the provisions of section 28-304.

(3)

Rear yards. Every plot shall have a landscaped rear yard not less than 35 feet in depth from the property line, unless a greater depth is required under the provisions of section 28-304.

(4)

Street yards facing single-family residential districts. If a plot is separated by a street from a single-family residential district, the street landscaped yard shall be increased to 75 feet in depth from the property line.

(Ord. No. 1978, § 1, 5-21-74; Ord. No. 2448, § 1, 4-18-78; Ord. No. 3100, § 1, 5-25-82; Ord. No. 3226, § 1, 7-26-83; Ord. No. 3705, § 20, 7-26-88)

Structures in W-1 districts shall not be less than 6,000 square feet in area.

(Ord. No. 1978, § 1, 5-21-74; Ord. No. 2448, § 1, 4-18-78; Ord. No. 3100, § 1, 5-25-82; Ord. No. 3226, § 1, 7-26-83; Ord. No. 3705, § 20, 7-26-88)

In W-1 districts, plots directly abutting on a railroad siding right-of-way require no setback from the right-of-way, unless required by state or federal requirements. Where a railroad main line or siding abuts a roadway, the roadway shall be buffered by a 10-foot-deep landscaped yard. This landscaped buffer may be waived for good cause shown as part of review and approval of a site plan; provided, however, that no such waiver shall be available for any portion of the required landscape buffer that abuts existing residential development or a residential zoning district boundary line.

(Ord. No. 1978, § 1, 5-21-74; Ord. No. 2448, § 1, 4-18-78; Ord. No. 3100, § 1, 5-25-82; Ord. No. 3226, § 1, 7-26-83; Ord. No. 3705, § 20, 7-26-88; Ord. No. 5706, § 38, 10-22-24)

(1)

Driveways may be permitted within required yard areas in W-1 districts as follows:

(a)

Driveways may be permitted in the front required yard if generally perpendicular to the front plot line.

(b)

Necessary fire protection access drives shall be permitted within side or rear yards.

(c)

In no event shall such driveways reduce the percentage of total plot area landscaping to less than 20 percent of the total plot area.

(2)

Pathways may be permitted within required yard areas in W-1 districts as follows:

(a)

Public sidewalks along street frontages when required pursuant to section 23-162 or shared use pathways pursuant to section 23-163; and

(b)

Walkways leading to a structure on the premises.

(3)

Bus shelters when required pursuant to section 23-192.

(4)

Railroad sidings may cross landscaped yards.

(5)

All planting shall be so arranged and maintained so as not to obscure the vision of traffic.

(Ord. No. 1978, § 1, 5-21-74; Ord. No. 2448, § 1, 4-18-78; Ord. No. 3100, § 1, 5-25-82; Ord. No. 3226, § 1, 7-26-83; Ord. No. 3705, § 20, 7-26-88; Ord. No. 5714, § 4, 11-4-24)

Any outdoor storage and vehicular parking on any plots in W-1 districts abutting on N.W. 20th, N.W. 40th and N.W. 51st Streets, Congress Avenue, Clint Moore Road, and Interstate 95 shall be screened from view from a point 4.5 feet above the crown of the road.

(Ord. No. 1978, § 1, 5-21-74; Ord. No. 2448, § 1, 4-18-78; Ord. No. 3100, § 1, 5-25-82; Ord. No. 3226, § 1, 7-26-83; Ord. No. 3705, § 20, 7-26-88)

(1)

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

(a)

Zoned W-1;

(b)

Designated planned mobility on the future land use map of the city's comprehensive plan; and

(c)

Approved for development pursuant to chapter 28, article XVII, division 8 planned mobility developments.

(2)

Non-PMD. Nothing in this section or in chapter 28, article XVII, division 8 planned mobility developments shall require lands zoned W-1 and designated planned mobility on the future land use map of the city's comprehensive plan to exist, develop or redevelop as PMD. All such lands may exist, develop or redevelop under the non-PMD provisions of the W-1 district regulations and the planned development regulations.

(3)

Uses. In addition to the permitted, conditional and accessory uses set forth in sections 28-1017, 28-1018 and 28-1019, the following uses are permitted in a PMD:

(a)

Multi-family residential dwellings;

(b)

Neighborhood serving retail as defined in section 28-2;

(c)

Hotel and motel;

(d)

Business and professional offices other than medical;

(e)

Financial institutions provided that no such establishment may provide drive-through services unless walk-up service is also provided. In no event shall drive-through services for such establishments exceed 2 lanes for the PMD;

(f)

Recreational uses;

(g)

Cultural facilities;

(h)

Educational, including institutions of higher learning and specialized schools such as technological schools;

(i)

Medical offices and clinics, provided that such medical offices and medical clinics are part of an educational institution or community hospital located within the city;

(j)

Uses accessory to the above; and

(k)

Other uses, not listed above, which are determined by the city manager to be similar or comparable to those listed above and which other uses further and enhance planned mobility strategies as defined in section 28-2.

(4)

Density/intensity. The density and intensity of a PMD are established through the review and approval of the PMD; provided, however, that:

(a)

Residential density may not exceed 20 dwelling units per acre of gross land area of the parcel developed as a PMD.

(b)

Non-residential floor area may not exceed a floor area ratio of 0.4 of the gross land area of the parcel developed as a PMD.

(c)

In no event, shall the total square feet of development for all buildings, including residential buildings, hotels and motels, and non-residential structures regardless of use (but excluding parking structures), within the PMD exceed 40 percent of the total square feet of the parcel developed as a PMD. Notwithstanding anything to the contrary set forth in this chapter, the square footage within a fully enclosed rear loaded garage of a rear loaded unit in a planned mobility development (PMD) project shall not be included in the calculation of floor area.

(5)

Building height. The maximum building height within the boundaries of a PMD master plan shall be 85 feet.

(6)

Limitations; repeal. Any use which is approvable under chapter 28, article XVII, division 8 and this section 28-1028 is subject to the terms, conditions, and limitations of chapter 28, article XVII, division 8. In addition, this section 28-1028 shall be deemed repealed without requirement for any notice or action contemporaneously with the repeal of chapter 28, article XVII, division 8, as more specifically provided in section 28-1855.

(Ord. No. 5224, § 2, 12-11-12; Ord. No. 5302, § 3, 4-28-15; Ord. No. 5392, § 3, 5-23-17)

It is the intent of the IG/S1 district to provide industrial development areas for unique land configurations which may also serve as compatible buffer zones for residential areas. It will recognize the need for special landscaping and special uses which will have limited traffic and noise generation and limited access to and from major thoroughfares.

(Ord. No. 2995, § 1, 7-28-81; Ord. No. 3050, § 1, 12-8-81; Ord. No. 3253, § 2, 11-8-83; Ord. No. 3705, § 21, 7-26-88)

In IG/S1 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)

Warehouses or storage buildings, including mini warehouses, and accessory uses thereto; 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).

(b)

Contractor's office and inside storage.

(c)

Bicycle repair.

(d)

Sign painting and sign shops.

(e)

Repair shops for household appliances.

(f)

Carpenter and cabinetry making shops.

(g)

Upholstering shops.

(h)

Pottery and other ceramic products, utilizing kilns fired only by electricity or gas.

(i)

Wholesale builder's supply without outdoor storage.

(j)

Any other light industrial use not requiring conditional approval, and which is approved by the city manager, shall be permitted in this district upon adoption of a resolution, after a public hearing, by the planning and zoning board.

(k)

As to any use for which outdoor storage is not otherwise prohibited, there shall be no outdoor storage of materials, products or other articles except in an area completely screened from off-premises view by walls or buildings, and not visible above the screening walls and buildings.

(l)

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

(m)

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

(n)

Mobile food dispensing vehicles shall be allowed as an accessory use (subject to the requirements and limitations set forth in section 28-1315).

(o)

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

(Ord. No. 2995, § 1, 7-28-81; Ord. No. 3050, § 1, 12-8-81; Ord. No. 3253, § 2, 11-8-83; Ord. No. 3705, § 21, 7-26-88; Ord. No. 4290, § 22, 10-29-96; Ord. No. 5369, § 6, 5-23-17; Ord. No. 5540, § 4, 9-22-20; Ord. No. 5555, § 28, 1-26-21)

Conditional use approval may be requested by the owner of the property in IG/S1 districts for the following use in accordance with division 4 of article II:

(a)

Antennas, only if required specifically for on-site use.

(b)

Telecom web-hosting facilities.

(c)

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

(Ord. No. 2995, § 1, 7-28-81; Ord. No. 3050, § 1, 12-8-81; Ord. No. 3253, § 2, 11-8-83; Ord. No. 3705, § 21, 7-26-88; Ord. No. 4323, § 24, 5-1-97; Ord. No. 4573, § 10, 4-10-01; Ord. No. 5369, § 7, 5-23-17)

Each plot in the IG/S1 district is required to have an area of not less than 10,000 square feet.

(Ord. No. 2995, § 1, 7-28-81; Ord. No. 3050, § 1, 12-8-81; Ord. No. 3253, § 2, 11-8-83; Ord. No. 3705, § 21, 7-26-88)

Access to property in the IG/S1 district shall be limited to certain streets and thoroughfares, as is necessary to limit traffic generation in areas adjacent to major thoroughfares and residential areas.

(Ord. No. 2995, § 1, 7-28-81; Ord. No. 3050, § 1, 12-8-81; Ord. No. 3253, § 2, 11-8-83; Ord. No. 3705, § 21, 7-26-88)

Each plot in an IG/S1 district is required to have a paved service drive which shall link with adjacent plots in order to provide continuous service access from district access street to district access street.

(Ord. No. 2995, § 1, 7-28-81; Ord. No. 3050, § 1, 12-8-81; Ord. No. 3253, § 2, 11-8-83; Ord. No. 3705, § 21, 7-26-88)

(1)

Front yards.

(a)

Each plot in an IG/S1 district is required to have a minimum front landscaped yard of 15 feet abutting the street to which it is adjacent. These provisions shall prevail over section 28-304.

(b)

Structures, equipment, parking, paths or driveways are not permitted in the front landscaped yard.

(2)

Side yards. No side yards are required, except as may be required by the fire-rescue services department, but not to exceed 5 feet.

(3)

Rear yards. No rear yards are required.

(Ord. No. 2995, § 1, 7-28-81; Ord. No. 3050, § 1, 12-8-81; Ord. No. 3253, § 2, 11-8-83; Ord. No. 3705, § 21, 7-26-88; Ord. No. 4170, § 30, 9-27-94; Ord. No. 5706, § 39, 10-22-24)

A building or structure, or part thereof, erected or altered in the IG/S1 district shall be limited to a height not exceeding 20 feet.

(Ord. No. 2995, § 1, 7-28-81; Ord. No. 3050, § 1, 12-8-81; Ord. No. 3253, § 2, 11-8-83; Ord. No. 3705, § 21, 7-26-88)

Nonaccess openings and windows shall be allowed in IG/S1 districts on building façades facing residential areas only if adequately screened or covered, as determined by the city manager or designee, except for emergency egress as may be required by the fire-rescue services department. Maintenance accesses to landscaped areas are permitted from buildings facing residential areas.

(Ord. No. 2995, § 1, 7-28-81; Ord. No. 3050, § 1, 12-8-81; Ord. No. 3253, § 2, 11-8-83; Ord. No. 3705, § 21, 7-26-88; Ord. No. 4170, § 30, 9-27-94; Ord. No. 5706, § 40, 10-22-24)

Each plot in an IG/S1 district is required to have a wall facing the residential area along the building setback line, unless a structure is constructed at the setback line. Walls shall be a minimum of 7 feet in height and will be required to link building façades on major thoroughfares, or shall be provided to screen outdoor storage from major thoroughfares. Maintenance accesses to landscaped areas are permitted from walls facing residential areas.

(Ord. No. 2995, § 1, 7-28-81; Ord. No. 3050, § 1, 12-8-81; Ord. No. 3253, § 2, 11-8-83; Ord. No. 3705, § 21, 7-26-88)

For provisions regulating signs in IG/S1 districts, see chapter 24.

(Ord. No. 2995, § 1, 7-28-81; Ord. No. 3050, § 1, 12-8-81; Ord. No. 3253, § 2, 11-8-83; Ord. No. 3705, § 21, 7-26-88)

Landscaping in IG/S1 districts shall include planting and maintaining natural vegetation, ground cover, hedges and trees, to be so arranged and maintained as to provide an effectively solid mass of foliage varying in height and providing a continuous screen to the development, but so as not to obscure the sight distance of vehicular traffic.

(Ord. No. 2995, § 1, 7-28-81; Ord. No. 3050, § 1, 12-8-81; Ord. No. 3253, § 2, 11-8-83; Ord. No. 3705, § 21, 7-26-88)

In order to encourage innovations in the development of the IG/S1 district with a greater variety in type, design and layout of buildings; to provide greater protection for and enhancement of adjoining residential areas; and to encourage development that exceeds the minimum standards of these regulations, the planning and zoning board may approve modifications from these regulations as provided below:

(a)

Procedure. Modifications from these regulations may be approved by the planning and zoning board in conjunction with site plan approval pursuant to section 28-51 et seq. Modifications may be approved only upon the determination of the board that 1 or more of the performance standards set forth in (b) below have been achieved by the applicant and the design is such that the development shall enhance any adjoining residential areas to a greater extent than the minimum standards of the district. Modifications may be approved only in the areas of development set forth in (c) below. The board in approving such modifications may prescribe reasonable and necessary conditions to ensure the continued maintenance of the performance standards.

(b)

Standards. The performance standards are:

1.

Building façade, roof design or required wall design adopting a residential appearance or character.

2.

Median landscaping or avenue planting, including irrigation when necessary, and subject to the approval of the public agency having authority over the right-of-way.

3.

On-site landscaping enhanced with a greater variety of plant types and material or with greater buffering effects than otherwise prescribed in these regulations.

4.

Swale and sidewalk design or landscaping which limits or prevents vehicular parking or stopping on major thoroughfares.

5.

A limitation on the number of bays or units into which a building may be divided.

(c)

Scope of modification. Modifications may be granted only in the following areas:

1.

Pedestrian access may be permitted on building façades facing residential areas. Direct access from major thoroughfares is prohibited.

2.

Doors and windows may be permitted on building façades facing residential areas.

3.

Sidewalks and screening walls may be permitted in landscaped yards if incorporated in and a part of the landscaping plan.

4.

Required walls may be reduced in height; however, all parking and loading areas shall be totally screened from the streets and no pedestrian access may be provided from the streets.

5.

The off-street loading requirements of section 28-1661 may be modified.

(d)

Uses. In conjunction with the approval described in this section, an applicant may request approval of 1 or more proposed uses described in section 28-1042(j). Where the approval of such uses is requested, the required public hearing shall be held concurrently with the hearing required for site plan approval by section 28-51 et seq.

(Ord. No. 2995, § 1, 7-28-81; Ord. No. 3050, § 1, 12-8-81; Ord. No. 3253, § 2, 11-8-83; Ord. No. 3705, § 21, 7-26-88)

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

(Ord. No. 253, § 18, 2-28-56; Ord. No. 278, § 1, 4-23-57; Ord. No. 390, § 1, 6-9-59; Ord. No. 413, § 1, 7-21-59; Ord. No. 666, § 1, 11-14-61; Ord. No. 1034, §§ 14, 15, 11-9-65; Ord. No. 1157, § 11, 11-1-66; Ord. No. 1285, § 8, 4-23-68; Ord. No. 1668, § 12, 6-13-72; Ord. No. 1694, § 1, 8-8-72; Ord. No. 2484, § 1, 9-26-78; Ord. No. 2726, § 6, 4-22-80; Ord. No. 2899, § 1, 1-27-81; Ord. No. 3705, § 19, 7-26-88)

In M-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)

Reserved.

(b)

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

(c)

Body and fender work within enclosed buildings.

(d)

Chemical laboratories.

(e)

Coffee roasting and other coffee processing operations.

(f)

Cold storage plants.

(g)

Cutting or blending of liquors.

(h)

Carpenter and cabinetmaking shops.

(i)

Hydroponic gardens, slat houses.

(j)

Manufacture, repair, assembly or processing of products from metal, bone, cloth, leather, paper, plastic, rubber, shell, plaster, wood or from materials similar in nature; any such products may be sold upon the premises, but only from enclosed showrooms or enclosed display rooms.

(k)

Pottery and other ceramic products, utilizing kilns fired only by electricity or gas; any such products may be sold upon the premises, but only from enclosed showrooms or enclosed display rooms.

(l)

Cinema production and development.

(m)

Motion picture studios.

(n)

Meat processing, excluding slaughtering.

(o)

Pattern making.

(p)

Tool, die and gauge shops.

(q)

Spray painting.

(r)

Automatic screw machines.

(s)

Tinsmith and sheet metal shops.

(t)

Motorcycle sales and repairs within enclosed buildings.

(u)

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

(v)

Parking structures and lots.

(w)

Repair shops for appliances and bicycles in an enclosed building.

(x)

Upholstering shops in enclosed buildings.

(y)

Printing and engraving shops, newspaper publishing plants.

(z)

Car washes subject to the provisions of section 28-1319.

(aa)

Service and repair garages.

(bb)

Truck sales, machinery sales, construction and farm implement sales.

(cc)

Tire vulcanizing and recapping with no open storage.

(dd)

Food catering establishments, preparation and storage only.

(ee)

Warehouse 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).

(ff)

Railroad transfer and storage; truck transfer and storage.

(gg)

Drycleaning plants and dyeing plants, 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.

(hh)

Laundries, including coin-operated laundries.

(ii)

Creameries.

(jj)

Soft drink bottling.

(kk)

Frozen food storage and warehousing, including lockers for individual use.

(ll)

Carpet cleaning without equipment rental.

(mm)

Boatbuilding, boat sales and repair in enclosed buildings.

(nn)

Bakery plants.

(oo)

Plumbing shops.

(pp)

Sign painting and sign shops.

(qq)

Newspaper and magazine distributors, storage and office.

(rr)

Taxidermist.

(ss)

Research and testing laboratories.

(tt)

Public utility substations, subject to the approval of the city council upon the recommendation of the planning and zoning board after public hearing.

(uu)

Retail sales occupying, in the aggregate, no more than 1,000 square feet of gross floor area in any plot. The maximum floor area limitation established herein shall not be applicable to retail sales which are incidental to bona fide wholesale uses.

(vv)

Athletic training facilities, subject to the requirements and limitations set forth in section 28-1316.

(ww)

A dwelling unit on the premises for an owner, manager or caretaker of an industrial use, provided that:

1.

Only 1 dwelling unit per industrial complex or development shall be permitted.

2.

The dwelling unit shall conform to all applicable residential building and life-safety codes.

3.

The dwelling unit shall not be located near dangerous materials, equipment or operations.

(xx)

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

(yy)

Uses accessory to permitted uses, including mobile food dispensing vehicles (subject to the requirements and limitations set forth in section 28-1315), and excluding living quarters for an owner, manager or caretaker.

(zz)

Telecom web-hosting facilities.

(aaa)

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

(bbb)

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

(Ord. No. 253, § 18, 2-28-56; Ord. No. 278, § 1, 4-23-57; Ord. No. 390, § 1, 6-9-59; Ord. No. 413, § 1, 7-21-59; Ord. No. 666, § 1, 11-14-61; Ord. No. 1034, §§ 14, 15, 11-9-65; Ord. No. 1157, § 11, 11-1-66; Ord. No. 1285, § 8, 4-23-68; Ord. No. 1668, § 12, 6-13-72; Ord. No. 1694, § 1, 8-8-72; Ord. No. 2484, § 1, 9-26-78; Ord. No. 2726, § 6, 4-22-80; Ord. No. 2899, § 1, 1-27-81; Ord. No. 3705, § 19, 7-26-88; Ord. No. 4166, § 1, 8-23-94; Ord. No. 4290, § 23, 10-29-96; Ord. No. 4573, § 11, 4-10-01; Ord. No. 5040, § 22, 9-9-08; Ord. No. 5369, § 8, 5-23-17; Ord. No. 5392, § 9, 5-23-17; Ord. No. 5540, § 5, 9-22-20; Ord. No. 5555, § 29, 1-26-21; Ord. No. 5558, § 4, 2-9-21; Ord. No. 5701, § 4, 10-22-24)

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

(a)

Eating and drinking establishments, not including curb service.

(b)

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 fence or by landscaping which screens from view the lumber and building supplies. The gross floor area of any sales or storage facility approved pursuant to this subsection shall not exceed 20,000 gross square feet. Any fence shall be not less than 5 feet in height or greater than 7 feet in height, any other limitation upon the height of fences to the contrary notwithstanding.

(c)

Retail uses compatible with the overall intent and purpose of the industrial district which occupy, in the aggregate, more than 1,000 square feet of gross floor area in any plot; provided, however, the gross floor area of any retail uses approved pursuant to this subsection shall not exceed 20,000 gross square feet.

(d)

Business, professional and governmental offices.

(e)

Any use not hereinbefore specified which is determined after public hearings and consideration by the planning and zoning board and the city council to be in accordance with the general spirit and purpose of the industrial zoning districts as described in the comprehensive plan of the city and designed in such a manner as to protect the areas surrounding the subject proposal and promote the general welfare of the city.

(f)

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

(Ord. No. 253, § 18, 2-28-56; Ord. No. 278, § 1, 4-23-57; Ord. No. 390, § 1, 6-9-59; Ord. No. 413, § 1, 7-21-59; Ord. No. 666, § 1, 11-14-61; Ord. No. 1034, §§ 14, 15, 11-9-65; Ord. No. 1157, § 11, 11-1-66; Ord. No. 1285, § 8, 4-23-68; Ord. No. 1668, § 12, 6-13-72; Ord. No. 1694, § 1, 8-8-72; Ord. No. 2484, § 1, 9-26-78; Ord. No. 2726, § 6, 4-22-80; Ord. No. 2899, § 1, 1-27-81; Ord. No. 3705, § 19, 7-26-88; Ord. No. 4323, § 25, 5-1-97; Ord. No. 4615, § 1, 12-11-01; Ord. No. 5369, § 9, 5-23-17)

No building or structure, or part thereof, shall be erected or altered in an M-1 district to a height exceeding 2 stories or 30 feet.

(Ord. No. 253, § 18, 2-28-56; Ord. No. 278, § 1, 4-23-57; Ord. No. 390, § 1, 6-9-59; Ord. No. 413, § 1, 7-21-59; Ord. No. 666, § 1, 11-14-61; Ord. No. 1034, §§ 14, 15, 11-9-65; Ord. No. 1157, § 11, 11-1-66; Ord. No. 1285, § 8, 4-23-68; Ord. No. 1668, § 12, 6-13-72; Ord. No. 1694, § 1, 8-8-72; Ord. No. 2484, § 1, 9-26-78; Ord. No. 2726, § 6, 4-22-80; Ord. No. 2899, § 1, 1-27-81; Ord. No. 3705, § 19, 7-26-88)

Every plot in an M-1 district shall have a front yard not less than 25 feet in depth, unless a greater depth is required by section 28-304.

(Ord. No. 253, § 18, 2-28-56; Ord. No. 278, § 1, 4-23-57; Ord. No. 390, § 1, 6-9-59; Ord. No. 413, § 1, 7-21-59; Ord. No. 666, § 1, 11-14-61; Ord. No. 1034, §§ 14, 15, 11-9-65; Ord. No. 1157, § 11, 11-1-66; Ord. No. 1285, § 8, 4-23-68; Ord. No. 1668, § 12, 6-13-72; Ord. No. 1694, § 1, 8-8-72; Ord. No. 2484, § 1, 9-26-78; Ord. No. 2726, § 6, 4-22-80; Ord. No. 2899, § 1, 1-27-81; Ord. No. 3705, § 19, 7-26-88)

(1)

Side yards. There shall be a side yard on each side of every plot in M-1 districts, not less than 10 feet in width, but side yards may be combined to 20 feet on 1 side only of the plot, excepting on plots abutting on N.W. 20th, N.W. 40th and N.W. 51st Streets, which shall have a minimum side yard of 25 feet, unless a greater width is required by section 28-304.

(2)

Rear yards. Every plot in an M-1 district shall have a rear yard not less than 10 feet in depth, unless a greater depth is required by section 28-304.

(Ord. No. 253, § 18, 2-28-56; Ord. No. 278, § 1, 4-23-57; Ord. No. 390, § 1, 6-9-59; Ord. No. 413, § 1, 7-21-59; Ord. No. 666, § 1, 11-14-61; Ord. No. 1034, §§ 14, 15, 11-9-65; Ord. No. 1157, § 11, 11-1-66; Ord. No. 1285, § 8, 4-23-68; Ord. No. 1668, § 12, 6-13-72; Ord. No. 1694, § 1, 8-8-72; Ord. No. 2484, § 1, 9-26-78; Ord. No. 2726, § 6, 4-22-80; Ord. No. 2899, § 1, 1-27-81; Ord. No. 3705, § 19, 7-26-88)

Structures in M-1 districts shall not be less than 600 square feet in area, with the exception that any structure in an industrial area which is incidental to the use of an erected structure conforming to the 600-square-foot requirement shall be not less than 200 square feet in area.

(Ord. No. 253, § 18, 2-28-56; Ord. No. 278, § 1, 4-23-57; Ord. No. 390, § 1, 6-9-59; Ord. No. 413, § 1, 7-21-59; Ord. No. 666, § 1, 11-14-61; Ord. No. 1034, §§ 14, 15, 11-9-65; Ord. No. 1157, § 11, 11-1-66; Ord. No. 1285, § 8, 4-23-68; Ord. No. 1668, § 12, 6-13-72; Ord. No. 1694, § 1, 8-8-72; Ord. No. 2484, § 1, 9-26-78; Ord. No. 2726, § 6, 4-22-80; Ord. No. 2899, § 1, 1-27-81; Ord. No. 3705, § 19, 7-26-88)

In an M-1 district where a plot directly abuts on a railroad right-of-way there will be no setback required from the right-of-way, subject to the laws and regulations of the state railroad and public utilities commission and the interstate commerce commission.

(Ord. No. 253, § 18, 2-28-56; Ord. No. 278, § 1, 4-23-57; Ord. No. 390, § 1, 6-9-59; Ord. No. 413, § 1, 7-21-59; Ord. No. 666, § 1, 11-14-61; Ord. No. 1034, §§ 14, 15, 11-9-65; Ord. No. 1157, § 11, 11-1-66; Ord. No. 1285, § 8, 4-23-68; Ord. No. 1668, § 12, 6-13-72; Ord. No. 1694, § 1, 8-8-72; Ord. No. 2484, § 1, 9-26-78; Ord. No. 2726, § 6, 4-22-80; Ord. No. 2899, § 1, 1-27-81; Ord. No. 3705, § 19, 7-26-88)

(1)

The first 5 feet of any yard abutting a street right-of-way in an M-1 district shall be used as a landscaped yard.

(2)

If the plot is separated by a street from a single-family district, the landscaped yard shall be increased to 30 feet.

(3)

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. 253, § 18, 2-28-56; Ord. No. 278, § 1, 4-23-57; Ord. No. 390, § 1, 6-9-59; Ord. No. 413, § 1, 7-21-59; Ord. No. 666, § 1, 11-14-61; Ord. No. 1034, §§ 14, 15, 11-9-65; Ord. No. 1157, § 11, 11-1-66; Ord. No. 1285, § 8, 4-23-68; Ord. No. 1668, § 12, 6-13-72; Ord. No. 1694, § 1, 8-8-72; Ord. No. 2484, § 1, 9-26-78; Ord. No. 2726, § 6, 4-22-80; Ord. No. 2899, § 1, 1-27-81; Ord. No. 3705, § 19, 7-26-88; Ord. No. 5714, § 4, 11-4-24)

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

(Ord. No. 253, § 19, 2-28-56; Ord. No. 278, § 1, 4-23-57; Ord. No. 667, § 1, 11-14-61; Ord. No. 1034, §§ 16, 17, 11-9-65; Ord. No. 1285, § 9, 4-23-68; Ord. No. 1564, § 1, 7-27-71; Ord. No. 1695, § 1, 8-8-72; Ord. No. 1977, § 2, 6-25-74; Ord. No. 2484, § 2, 9-26-78)

In M-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)

Any uses permitted in M-1 districts.

(b)

Fruit packinghouses.

(c)

Bulk storage and sales of fuels, gasoline, benzine, kerosene and the like.

(d)

Mattress factories.

(e)

Public utility service yards.

(f)

Blacksmith and machine shops.

(g)

Welding shops.

(h)

Ice or ice cream plants.

(i)

Motor freight terminals, trucking, hauling or cartage yards.

(j)

Canning or preserving factories.

(k)

Bulk storage of building materials and supplies (including, but not limited to, roofing materials and supplies), subject to section 28-1330.

(l)

Furniture and upholstering manufacturing.

(m)

Brewing or distilling alcoholic beverages.

(n)

Metal buffing, plating and polishing.

(o)

Millwork, lumber and planing mills.

(p)

Leather goods and luggage manufacturing.

(q)

Electroplating or galvanizing.

(r)

Storage yards of building and construction contractors, subject to section 28-1330.

(s)

Paint and varnish manufacture.

(t)

Public utilities.

(u)

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

(v)

Battery repair, sale and assembly.

(w)

Stamping, dieing, shearing or punching of metal.

(x)

Uses accessory to a permitted use, including mobile food dispensing vehicles (subject to the requirements and limitations set forth in section 28-1315), and excluding living quarters for an owner, manager or caretaker.

(y)

Bakery plants.

(z)

Telecom web-hosting facilities.

(aa)

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

(bb)

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

(Ord. No. 253, § 19, 2-28-56; Ord. No. 278, § 1, 4-23-57; Ord. No. 667, § 1, 11-14-61; Ord. No. 1034, §§ 16, 17, 11-9-65; Ord. No. 1285, § 9, 4-23-68; Ord. No. 1564, § 1, 7-27-71; Ord. No. 1695, § 1, 8-8-72; Ord. No. 1977, § 2, 6-25-74; Ord. No. 2484, § 2, 9-26-78; Ord. No. 4166, § 2, 8-23-94; Ord. No. 4573, § 12, 4-10-01; Ord. No. 5369, § 10, 5-23-17; Ord. No. 5540, § 6, 9-22-20; Ord. No. 5555, § 30, 1-26-21)

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

(a)

Eating and drinking establishments, not including curb service.

(b)

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 fence or by landscaping which screens from view the lumber and building supplies. The gross floor area of any sales or storage facility approved pursuant to this subsection shall not exceed 20,000 gross square feet. Any fence shall be not less than 5 feet in height or greater than 7 feet in height, any other limitation upon the height of fences to the contrary notwithstanding.

(c)

Retail uses compatible with the overall intent and purpose of the industrial district which occupy, in the aggregate, more than 1,000 square feet of gross floor area in any plot; provided, however, the gross floor area of any retail uses approved pursuant to this subsection shall not exceed 20,000 gross square feet.

(d)

Business, professional and governmental offices.

(e)

Student housing, and accessory uses;

(f)

The manufacture of concrete and concrete products, and concrete mixing plants.

(g)

Any use not hereinbefore specified which is determined after public hearings and consideration by the planning and zoning board and the city council to be in accordance with the general spirit and purpose of the industrial zoning districts and designed in such manner as to protect the surrounding areas of the subject proposal and promote the general welfare of the city.

(h)

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

(Ord. No. 253, § 19, 2-28-56; Ord. No. 278, § 1, 4-23-57; Ord. No. 667, § 1, 11-14-61; Ord. No. 1034, §§ 16, 17, 11-9-65; Ord. No. 1285, § 9, 4-23-68; Ord. No. 1564, § 1, 7-27-71; Ord. No. 1695, § 1, 8-8-72; Ord. No. 1977, § 2, 6-25-74; Ord. No. 2484, § 2, 9-26-78; Ord. No. 4323, § 26, 5-1-97; Ord. No. 4626, § 1, 1-23-02; Ord. No. 5193, § 5, 1-24-12; Ord. No. 5369, § 11, 5-23-17)

No building or structure, or part thereof, shall be erected or altered in an M-2 district to a height exceeding 4 stories or 60 feet.

(Ord. No. 253, § 19, 2-28-56; Ord. No. 278, § 1, 4-23-57; Ord. No. 667, § 1, 11-14-61; Ord. No. 1034, §§ 16, 17, 11-9-65; Ord. No. 1285, § 9, 4-23-68; Ord. No. 1564, § 1, 7-27-71; Ord. No. 1695, § 1, 8-8-72; Ord. No. 1977, § 2, 6-25-74; Ord. No. 2484, § 2, 9-26-78)

(1)

Front yards. Every plot in M-2 districts shall have a front yard not less than 25 feet in depth, unless a greater depth is required by section 28-304.

(2)

Side yards. There shall be a side yard, on each side of every plot, not less than 10 feet in width, but side yards may be combined to 20 feet on 1 side only of the plot, except on plots abutting on N.W. 20th, N.W. 40th and N.W. 51st Streets, which shall have a minimum side yard of 25 feet, unless a greater width is required in section 28-304.

(3)

Rear yards. Every plot shall have a rear yard not less than 10 feet in depth, unless a greater depth is required by section 28-304.

(Ord. No. 253, § 19, 2-28-56; Ord. No. 278, § 1, 4-23-57; Ord. No. 667, § 1, 11-14-61; Ord. No. 1034, §§ 16, 17, 11-9-65; Ord. No. 1285, § 9, 4-23-68; Ord. No. 1564, § 1, 7-27-71; Ord. No. 1695, § 1, 8-8-72; Ord. No. 1977, § 2, 6-25-74; Ord. No. 2484, § 2, 9-26-78)

Structures in M-2 districts shall be not less than 600 square feet in area with the exception that any structure in an industrial area which is incidental to the use of an erected structure conforming to the 600-square-foot requirement shall be not less than 200 square feet in area.

(Ord. No. 253, § 19, 2-28-56; Ord. No. 278, § 1, 4-23-57; Ord. No. 667, § 1, 11-14-61; Ord. No. 1034, §§ 16, 17, 11-9-65; Ord. No. 1285, § 9, 4-23-68; Ord. No. 1564, § 1, 7-27-71; Ord. No. 1695, § 1, 8-8-72; Ord. No. 1977, § 2, 6-25-74; Ord. No. 2484, § 2, 9-26-78)

In an M-2 district where a plot directly abuts on a railroad right-of-way there will be no setback required from the right-of-way subject to the laws and regulations of the Florida Railroad and Public Utilities Commission and the Interstate Commerce Commission.

(Ord. No. 253, § 19, 2-28-56; Ord. No. 278, § 1, 4-23-57; Ord. No. 667, § 1, 11-14-61; Ord. No. 1034, §§ 16, 17, 11-9-65; Ord. No. 1285, § 9, 4-23-68; Ord. No. 1564, § 1, 7-27-71; Ord. No. 1695, § 1, 8-8-72; Ord. No. 1977, § 2, 6-25-74; Ord. No. 2484, § 2, 9-26-78)

(1)

The first 5 feet of any yard abutting a street right-of-way shall be used as a landscaped yard.

(2)

If the plot is separated by a street from a single-family district the landscaped yard shall be increased to 30 feet.

(3)

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. 253, § 19, 2-28-56; Ord. No. 278, § 1, 4-23-57; Ord. No. 667, § 1, 11-14-61; Ord. No. 1034, §§ 16, 17, 11-9-65; Ord. No. 1285, § 9, 4-23-68; Ord. No. 1564, § 1, 7-27-71; Ord. No. 1695, § 1, 8-8-72; Ord. No. 1977, § 2, 6-25-74; Ord. No. 2484, § 2, 9-26-78; Ord. No. 5714, § 4, 11-4-24)

No student housing facility shall be established on a parcel that is less than 10 acres.

(Ord. No. 5193, § 5, 1-24-12)

(1)

No student housing facility shall be established in any of the single or multi-family residential zoning districts that are defined and regulated by articles IX and X of this chapter.

(2)

No student housing facility shall be established on a parcel of land that is immediately adjacent to a parcel that is located in any of the single or multi-family residential zoning districts that are defined and regulated by articles IX and X of this chapter.

(3)

No student housing facility shall be established on a parcel of land that is located more than 0.5 of a mile from the centerline of the intersection of Northwest 4th Avenue and Northwest 20th Street. For purposes of this section, the distance measurement shall be taken between the nearest boundaries of the parcel on which the student housing facility is proposed and centerline of the intersection of Northwest 4th Avenue and Northwest 20th Street.

(4)

No student housing facility shall be established on any parcel of land that does not provide direct access to an arterial or collector road, as classified by the city comprehensive plan.

(Ord. No. 5193, § 5, 1-24-12)

The minimum floor area of a student sleeping room, including closets, bathrooms, and like areas, in the M-2 district shall be 150 square feet per occupant; provided, however, the minimum floor area of a student sleeping room wherein a qualifying non-student resides shall be 150 square feet in the aggregate with a minimum of 50 square feet per occupant.

(Ord. No. 5193, § 5, 1-24-12; Ord. No. 5378, § 3, 2-14-17)

Occupancy in any student housing facility shall be limited to student households, and each student sleeping room shall be occupied by a student household. The duration of the occupancy in any student sleeping room may be established for any number of 1 or more consecutive months up to a maximum of 12 consecutive months.

(Ord. No. 5193, § 5, 1-24-12)

(1)

Every plot in the M-2 district used for student housing shall have a minimum of 25 percent of the total plot area set aside for open space.

(2)

The first 5 feet of any yard on every plot used for student housing shall have a minimum of 25 percent of the total plot area set aside for open space.

(3)

Landscaping of open space area. The required open space, where not used for permissible driveways and sidewalks leading to a structure on the premises, and the required landscape buffer, shall be planted and maintained in lawn or landscaping including flower beds, shrubs or hedges not over 3 feet in height, and trees planted so as to not obscure vision of traffic. All such landscaping shall be approved in accordance with all applicable landscaping requirements set forth in this Code. Effort should be made to retain desirable natural vegetation and preserve environmental characteristics of the site, if any. All landscaped areas shall be maintained in a healthy, growing condition, neat and orderly in appearance, and kept free of refuse and debris.

(4)

Ponds and lakes, and areas used for stormwater retention purposes, may be included as part of the required open space, provided that such inclusion is approved by the planning and zoning board and city council.

(5)

Only outdoor recreational facilities may be counted in the computation of open space requirements.

(6)

All clubhouses or areas where 10 or more people may gather shall not be located near the perimeter of the property.

(7)

A 6-foot unpierced perimeter masonry wall or 6-foot perimeter fence with vegetative screening planted in accordance with all applicable landscaping requirements set forth in this Code shall be required adjacent to any commercial or industrial zoning district.

(Ord. No. 5193, § 5, 1-24-12; Ord. No. 5706, § 41, 10-22-24)

Any lease for a student sleeping room shall include the following provisions:

(1)

Disclosure describing the noise control measurement standards, as set forth in section 10-72, that are applicable in the zoning district in which the student housing facility is located;

(2)

Disclosure regarding possible future intensification of development on property abutting the student housing facility, with specific reference to the current designations that are assigned to each abutting property on the city of Boca Raton's Future Land Use Map and Official Zoning Map; and

(3)

Disclosure that a breach of the lease by the lessee shall occur in the event the occupant of the student sleeping room that is covered by the lease ceases to be enrolled in a college or university that offers a 4-year degree program(s) through, at least in part, on-campus classroom or laboratory instruction for a period of 6 consecutive months.

(Ord. No. 5193, § 5, 1-24-12)

(1)

The maximum density for student housing facilities in the M-2 zoning district shall be 15 dwelling units per gross acre.

(2)

No student housing facility shall be erected or altered in the M-2 district to a height exceeding 50 feet.

(Ord. No. 5193, § 5, 1-24-12)

Signage is not permitted for uses that are accessory to the student housing facility.

(Ord. No. 5518, § 6, 5-27-2020)

The purpose of the M-3 district is to establish an industrial area compatible with comprehensive plan directives of large lot industrial, manufacturing and warehouse development. Major areas of implementation should include areas with convenient railroad and highway facilities.

(Ord. No. 2941, § 1, 6-23-81; Ord. No. 3377, § 1, 3-26-85; Ord. No. 3593, § 1, 1-13-87; Ord. No. 3705, § 22, 7-26-88; Ord. No. 3717, § 1, 11-22-88)

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

(Ord. No. 2941, § 1, 6-23-81; Ord. No. 3377, § 1, 3-26-85; Ord. No. 3593, § 1, 1-13-87; Ord. No. 3705, § 22, 7-26-88; Ord. No. 3717, § 1, 11-22-88)

In M-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)

Manufacturing, fabricating, processing, converting, altering and assembling of products, provided that no such use shall:

1.

Cause or result in dissemination of dust, smoke, gas or fumes, odor, noise, vibration or excessive light beyond the boundaries of the lot on which the use is conducted; endanger health or cause a safety hazard by reason of fire, explosion, sanitation, pollutants or other physical hazards; cause harmful, obnoxious, damaging or unnecessary discharge of waste material; or cause traffic hazards, traffic congestion, inadequate parking or storage of vehicles or equipment as a result of the amount of vehicles required by or attracted to the use.

2.

Be inconsistent with the character of the community as a whole and the codes of the city and the orderly development of the city and adjacent areas.

(b)

Warehouses and storage buildings, provided, however, that such structures shall be used only for storage of items, materials and products, excluding living things, such items as are classified as flammable or explosive in nature, or such items which may be governed by (a) above; that a warehouse or storage building shall not serve in any manner as a rental office, business, commercial or retail establishment of any kind; and provided, further, 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).

(c)

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

(d)

Athletic training facilities, subject to the requirements and limitations set forth in section 28-1316.

(e)

Reserved.

(f)

Support services located in office buildings permitted as part of a planned commercial development or a development of regional impact, as well as uses which are accessory to and compatible with permitted office uses. Support services for the purposes of this zoning district shall be defined as companies which supply services utilized wholly by personnel located in the industrial zoning districts. These shall include clerical service companies, office equipment maintenance services, janitorial services, corporate credit unions, corporate training facilities and other similar uses.

(g)

Personal services provided to the employees located in the industrial zoning districts so long as the aggregate square footage of such permitted uses shall not exceed 10 percent of the gross floor area available for lease in any structure which uses shall include florists, tobacco stores, newsstands, retail shops, laundry and garment services, beauty and barber shops, retail pharmacies and medical marijuana treatment center dispensing facilities (which retail pharmacies and medical marijuana treatment center dispensing facilities, in order to be established, must meet both the requirements of this subsection and the requirements and limitations set forth in section 28-1312), and such other similar personal services. Cafeteria and restaurants are permitted except for property which has master plan approval under separate resolution of city council in connection with an annexation. Said uses shall be located within structures predominantly devoted to permitted uses, shall not have access except through the main entryways, and shall not be provided with any exterior building sign or other advertising other than directory identification as is provided for other tenants of the structure.

(h)

Accessory sales shall be permitted provided that a separate and distinct area is set aside for this purpose and provided that said area occupies less than 5 percent of the total space of a permitted use. The accessory sales shall be accessory to either a wholesale, showroom or manufacturing use permitted in the zoning district and shall be limited to replacement and repair parts only. Said accessory sales shall not be permitted separate signage.

(i)

Regulated uses (adult entertainment establishments as set forth in section 28-1616 et seq.).

(j)

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

(k)

Mobile food dispensing vehicles shall be allowed as an accessory use (subject to the requirements and limitations set forth in section 28-1315).

(l)

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

(m)

Fleet vehicle parking, subject to the requirements and limitations set forth in section 28-1317.

(Ord. No. 2941, § 1, 6-23-81; Ord. No. 3377, § 1, 3-26-85; Ord. No. 3593, § 1, 1-13-87; Ord. No. 3705, § 22, 7-26-88; Ord. No. 3717, § 1, 11-22-88; Ord. No. 3865, § 1, 8-28-90; Ord. No. 3934, § 2, 7-9-91; Ord. No. 3991, § 1, 2-25-92; Ord. No. 4162, § 11, 7-12-94; Ord. No. 4290, § 24, 10-29-96; Ord. No. 4540, § 3, 9-14-00; Ord. No. 4882, § 5, 8-9-05; Ord. No. 5369, § 12, 5-23-17; Ord. No. 5513, § 12, 2-11-20; Ord. No. 5540, § 7, 9-22-20; Ord. No. 5555, § 31, 1-26-21; Ord. No. 5558, § 2, 2-9-21; Ord. No. 5682, § 2, 2-27-24)

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

(a)

Any use which includes or will include outdoor storage of any kind.

(b)

Any use which will store, service, repair or clean motor vehicles or other motorized equipment.

(c)

Public utility service yards.

(d)

Any permitted M-3 use fronting on Congress Avenue, Clint Moore Road, Seaboard Coastline Railroad, Military Trail, N.W. 2nd Avenue, Dixie Highway, U.S. No. 1, N.W. 20th Street, Glades Road or Spanish River Boulevard.

(e)

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

(f)

Wholesale establishments.

(g)

Reserved.

(h)

Public, private and parochial nursery, kindergarten, elementary and high schools.

(i)

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

(j)

Large-scale indoor commercial recreation, subject to requirements and limitations set forth in section 28-1314.

(Ord. No. 2941, § 1, 6-23-81; Ord. No. 3377, § 1, 3-26-85; Ord. No. 3593, § 1, 1-13-87; Ord. No. 3705, § 22, 7-26-88; Ord. No. 3717, § 1, 11-22-88; Ord. No. 3991, § 2, 2-25-92; Ord. No. 4162, § 12, 7-12-94; Ord. No. 4323, § 27, 5-1-97; Ord. No. 4567, § 2, 2-13-01; Ord. No. 5040, § 23, 9-9-08; Ord. No. 5369, § 13, 5-23-17; Ord. No. 5524, § 2, 8-25-20)

The permitted and conditional uses enumerated in this division for M-3 districts shall not be construed to include, either as a main or accessory use, any of the following uses, all of which are expressly prohibited:

(a)

Unscreened storage or parking of commercial vehicles or equipment. No storage of materials, vehicles or equipment shall be visible above the buffering used.

(b)

Residential uses other than quarters for manager or owner.

(c)

Acid manufacturing.

(d)

Manufacturing or storage of explosives.

(e)

Slaughterhouses.

(f)

Storage or transfer of petroleum other than as an accessory use to a permitted or conditional use.

(g)

Refining of petroleum.

(h)

Stockyards.

(i)

Rendering plants or glue works.

(j)

Pulp or paper mills.

(Ord. No. 2941, § 1, 6-23-81; Ord. No. 3377, § 1, 3-26-85; Ord. No. 3593, § 1, 1-13-87; Ord. No. 3705, § 22, 7-26-88; Ord. No. 3717, § 1, 11-22-88)

Except as provided herein, a building or structure, or part thereof, shall not be erected or altered in an M-3 district to a height exceeding 30 feet. A building or structure primarily used as a bank or financial institution, business or professional offices, a large-scale indoor commercial recreation use, or a hotel or motel, or a combination thereof, may be erected or altered to a height not exceeding 50 feet, provided that a parking structure for such uses shall not exceed 30 feet in height. A building or structure used primarily as a food product distribution center, of which at least 40 percent thereof is refrigerated, may be erected or altered to a height not to exceed 40 feet, provided all parking shall be at grade. The height of accessory structures, including antennas, may be permitted in excess of the foregoing height limitations upon approval by the city manager and the planning and zoning board.

(Ord. No. 2941, § 1, 6-23-81; Ord. No. 3377, § 1, 3-26-85; Ord. No. 3593, § 1, 1-13-87; Ord. No. 3705, § 22, 7-26-88; Ord. No. 3717, § 1, 11-22-88; Ord. No. 3942, § 1, 6-25-91; Ord. No. 5524, § 3, 8-25-20)

(1)

Front or street yards.

(a)

All plots in the M-3 district shall have the following minimum street or front yards, unless a greater depth is required by section 28-304:

1.

Twenty-five feet in depth, unless otherwise specified herein.

2.

Fifty feet in depth for those plots which have a front or street yard abutting Clint Moore Road, Congress Avenue, Interstate Route 95 or N.W. 51st Street (Yamato Road).

(b)

Front or street yards shall be landscaped as follows:

1.

The first 10 feet of all plots shall be landscaped unless otherwise provided herein.

2.

If the plot has a front or street yard which abuts Glades Road, N.W. 20th Street or N.W. 40th Street, the first 15 feet shall be landscaped.

3.

If a plot has a front or street yard which abuts Clint Moore Road, Congress Avenue, Interstate Route 95 or N.W. 51st Street, the first 30 feet shall be landscaped or adequately screened in accordance with all applicable landscaping requirements set forth in this Code.

(2)

Side yards.

(a)

Each plot shall have a minimum side yard of 10 feet in depth on each side of the lot, and the side yards may be combined on 1 side only on a plot, unless provided otherwise herein.

(b)

Side yards for plots abutting Glades Road, N.W. 20th Street, N.W. 40th Street, N.W. 51st Street, Congress Avenue, Clint Moore Road and Interstate Route 95 shall have a minimum side yard of 25 feet in depth; provided, however, that the side yards for these plots may not be combined on 1 side of the plot.

(c)

The first 5 feet of all side yards shall be landscaped. Where side yards are combined to 20 feet on 1 side, the first 10 feet of the side yard shall be a landscaped yard.

(3)

Rear yards. Every plot shall have a rear yard of not less than 10 feet in depth, unless a greater depth is required by section 28-304. The first 5 feet of a rear yard shall be landscaped.

(4)

Yards abutting a railroad. Setback and landscaping requirements may be modified where a plot directly abuts a railroad, railroad siding or railroad right-of-way, subject to conditional approval according to the procedures set forth in section 28-340, only where the nature of the use requires use of an immediate access to the railroad facility. Conditions shall be imposed to maintain attractive landscaped areas and landscaped shielding in the area between the invaded setback and any adjacent properties or nearby public roadways.

(Ord. No. 2941, § 1, 6-23-81; Ord. No. 3377, § 1, 3-26-85; Ord. No. 3593, § 1, 1-13-87; Ord. No. 3705, § 22, 7-26-88; Ord. No. 3717, § 1, 11-22-88; Ord. No. 5706, § 42, 10-22-24)

Every plot in M-3 districts shall be not less than 150 feet in width and 1 gross acre (43,560 square feet) in area.

(Ord. No. 2941, § 1, 6-23-81; Ord. No. 3377, § 1, 3-26-85; Ord. No. 3593, § 1, 1-13-87; Ord. No. 3705, § 22, 7-26-88; Ord. No. 3717, § 1, 11-22-88)

Each building or structure in an M-3 district shall contain not less than 10,000 square feet.

(Ord. No. 2941, § 1, 6-23-81; Ord. No. 3377, § 1, 3-26-85; Ord. No. 3593, § 1, 1-13-87; Ord. No. 3705, § 22, 7-26-88; Ord. No. 3717, § 1, 11-22-88)

The gross floor area of any principal building and accessory structures in M-3 districts shall not exceed 60 percent of the plot on which it is constructed.

(Ord. No. 2941, § 1, 6-23-81; Ord. No. 3377, § 1, 3-26-85; Ord. No. 3593, § 1, 1-13-87; Ord. No. 3705, § 22, 7-26-88; Ord. No. 3717, § 1, 11-22-88)

(1)

All required landscaped yards in M-3 districts shall be planted and maintained in lawn, landscaping or natural vegetation, including, but not limited to, flower beds, shrubs, hedges, trees or living and nonliving landscape elements, or any combination thereof, and in accordance with all applicable landscaping requirements set forth in this Code.

(2)

Heges and trees shall be located and maintained so as not to obscure the vision of traffic, and with the additional purpose of shielding and obscuring refuse containers and parking or storage areas.

(3)

All swale areas and all property lying between a property line and a public or private street shall be landscaped with grass or other approved ground cover.

(4)

No parking or storage in, or paving of, any landscaped swale or landscaped yard 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. 2941, § 1, 6-23-81; Ord. No. 3377, § 1, 3-26-85; Ord. No. 3593, § 1, 1-13-87; Ord. No. 3705, § 22, 7-26-88; Ord. No. 3717, § 1, 11-22-88; Ord. No. 5706, § 43, 10-22-24; Ord. No. 5714, § 4, 11-4-24)

(1)

All grounds in M-3 districts, including but not limited to parking lots, lawns, setbacks and swale areas, shall be kept free from litter, refuse, debris, dead vegetation and derelict vehicles at all times.

(2)

All trash and garbage shall be placed in designated containers and shall be screened and properly landscaped to be shielded from public view.

(Ord. No. 2941, § 1, 6-23-81; Ord. No. 3377, § 1, 3-26-85; Ord. No. 3593, § 1, 1-13-87; Ord. No. 3705, § 22, 7-26-88; Ord. No. 3717, § 1, 11-22-88)

(1)

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

(a)

Zoned M-3;

(b)

Designated planned mobility on the future land use map of the city's comprehensive plan; and

(c)

Approved for development pursuant to chapter 28, article XVII, division 8 planned mobility developments.

(2)

Non-PMD. Nothing in this section or in chapter 28, article XVII, division 8 planned mobility developments shall require lands zoned M-3 and designated planned mobility on the future land use map of the city's comprehensive plan to exist, develop or redevelop as PMD. All such lands may exist, develop or redevelop under the non-PMD provisions of the M-3 district regulations and the planned development regulations.

(3)

Uses. In addition to the permitted, conditional and accessory uses set forth in sections 28-1123 and 28-1124, the following uses are permitted in a PMD:

(a)

Multi-family residential dwellings;

(b)

Neighborhood serving retail as defined in section 28-2;

(c)

Hotel and motel;

(d)

Business and professional offices other than medical;

(e)

Financial institutions provided that no such establishment may provide drive-through services unless walk-up service is also provided. In no event shall drive-through services for such establishments exceed 2 lanes for the PMD;

(f)

Recreational uses;

(g)

Cultural facilities;

(h)

Educational, including institutions of higher learning and specialized schools such as technological schools;

(i)

Medical offices and clinics, provided that such medical offices and medical clinics are part of an educational institution or community hospital located within the city;

(j)

Uses accessory to the above; and

(k)

Other uses, not listed above, which are determined by the city manager to be similar or comparable to those listed above and which other areas further and enhance planned mobility strategies as defined in section 28-2.

(4)

Density/intensity. The density and intensity of a PMD are established through the review and approval of the PMD; provided, however, that:

(a)

Residential density may not exceed 20 dwelling units per acre of gross land area of the parcel developed as a PMD.

(b)

Non-residential floor area may not exceed a floor area ratio of 0.5 of the gross land area of the parcel developed as a PMD.

(c)

In no event, shall the total square feet of development for all buildings, including residential buildings, hotels and motels, and non-residential structures regardless of use (but excluding parking structures), within the PMD exceed 50 percent of the total square feet of the parcel developed as a PMD. Notwithstanding anything to the contrary set forth in this chapter, the square footage within a fully enclosed rear loaded garage of a rear loaded unit in a planned mobility development (PMD) project shall not be included in the calculation of floor area.

(5)

Building height. The maximum building height within the boundaries of a PMD master plan shall be 85 feet.

(6)

Limitations; repeal. Any use which is approvable under chapter 28, article XVII, division 8 and this section 28-1132.1 is subject to the terms, conditions, and limitations of chapter 28, article XVII, division 8. In addition, this section 28-1132.1 shall be deemed repealed without requirement for any notice or action contemporaneously with the repeal of chapter 28, article XVII, division 8, as more specifically provided in section 28-1855.

(Ord. No. 5224, § 3, 12-11-12; Ord. No. 5302, § 4, 4-28-15; Ord. No. 5392, § 4, 5-23-17)

The regulations and provisions which apply to the LIRP museum center zoning district shall be the same as those provided for in the LIRP-5 zoning district, except as herein provided.

(Ord. No. 4101, § 1, 6-8-93)

No building, structure or part thereof shall be erected, altered or used, nor shall the premises be used in whole or in part in the LIRP museum center zoning district for other than any use permitted in the LIRP-5 district.

(Ord. No. 4101, § 1, 6-8-93)

(1) Museum center. A museum center is a use conducted by a museum organization with tax exempt status pursuant to Section 501(c)(3), Internal Revenue Code, the primary purpose of which is the production, exhibit, or display of fine or applied arts; the production and presentation of performance arts; or the exhibit and display of items, collections, and other objects and materials having educational, historic, scientific or industrial value and significance. All accessory uses must be approved pursuant to this division.

(2) Accessory uses. The following uses may be conditionally approved as accessory uses in an approved museum center:

(a)

Administrative offices for the museum center and its lessees; and

(b)

1 or more not-for-profit museum shops operated by the museum center or its not-for-profit lessees;

(c)

Studios and production facilities, which may be leased to for-profit entities, for visual or performance artists;

(d)

Retail, other than museum shops, and services shops, which may be leased to for-profit entities, providing goods and services related to the museum center's primary uses;

(e)

Schools, which may be leased to for-profit entities, for the performing or visual arts and allied crafts and trades;

(f)

Places of public assembly, which may be available to the general community, for the performance arts, and other programs and assemblies. A museum center shall not contain more than 1 auditorium. The auditorium shall contain not more than 750 seats. The auditorium entrance shall be internal to the museum center;

(g)

Restaurants and catering facilities, which may be leased to for-profit entities, provided that all entrances to the restaurant are internal to the museum center main use building;

(h)

Such other accessory uses compatible with the museum center use and the LIRP-5 zoning district which are approved by city council.

(3)

Special regulations.

(a)

Process. A museum center conditional use approval shall be proposed in accordance with the procedures of section 28-340, of the City Code not in conflict herewith. In the event of conflict, the provisions of this section 28-1135 shall prevail.

(b)

Duration. The conditional use approval shall have a duration as set forth in the conditional use approval, but not longer than 5 years. The conditional use approval may set forth special conditions for the implementation of the use.

(c)

Schedule of uses. The conditional use approval may contain a detailed schedule of approved accessory uses which may be implemented without further approval.

(d)

Outside signage. Outside signage for approved accessory uses is prohibited.

(Ord. No. 4101, § 1, 6-8-93; Ord. No. 5040, § 24, 9-9-08)