The city, in furtherance of implementing the goals, objectives and policies of the Comprehensive Plan, has created zoning districts in order to have a greater range of densities and intensities of uses within the existing framework of the future land use categories. The creation of zoning districts allows for classifying and regulating the use and development of the lands and waters of the city. These zoning districts are established for the purpose of protecting, promoting, and improving the public health, safety, comfort, order, appearance, convenience, morals, and general welfare of the community. These districts control the location of uses and regulate the location, height, and bulk of buildings to be erected or structurally altered for such uses; to control population density and the intensity of use of lot areas; and to require adequate yards and other open spaces surrounding such buildings.

(Ord. of 9-25-06)

In accordance with the land development regulations, the city is hereby divided into the following zoning districts:

(Ord. of 9-25-06)

The following is a table of the future land use designations and the corresponding zoning districts:

Zoning Districts By Future Land Use Category

(Ord. of 9-25-06)

The district boundary lines are intended generally to follow the centerlines of waterways and streets, existing lot lines, section lines, or municipal boundary lines, all as shown on the future land use map. Where a district boundary line does not follow such a line, or in a case of uncertainty as to the true location of a district boundary line in a particular instance, the building official or chief zoning official shall request the technical review committee render its determination with respect thereto; however, no boundary shall be changed by the technical review committee.

(Ord. of 9-25-06)

Except as otherwise provided in this chapter, the following general prohibitions shall apply:

(1)

No building shall be erected and no existing building shall be moved, altered, added to, or enlarged, nor shall any land or building be designed, used, or intended to be used for any purpose or in any manner other than as permitted in the district in which the building or land is located.

(2)

No building shall be erected, reconstructed, or structurally altered to exceed in height the limit designated in this chapter for the district in which the building is located.

(3)

No building shall be erected and no existing buildings shall be moved, altered, enlarged, or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity to the yard, lot area, and building location and bulk regulations designated in this chapter for the district in which the building or open space is located.

(4)

No yard or other open space provided around any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building, and no yard or other open space on one lot shall be considered as providing a yard or open space for a building on any other lot.

(Ord. of 9-25-06)

Zoning District Cross Reference—Permitted Zoning Districts

By reading vertically, this table depicts by zoning district those other districts whose permitted uses are generally allowed.

(Ord. of 9-25-06)

(a)

Permitted and permitted similar uses. Permitted uses allowed within each zoning district are defined and described in subsequent sections of this article.

No land, body of water and/or structure in the applicable zoning district shall be used or permitted to be used, and no structure shall be hereafter erected, constructed, arranged or intended to be used, occupied or maintained for any purpose except as set forth in the description of uses permitted for said district.

With regard to the uses permitted within any zoning classification, the city's chief zoning official shall have the authority to make a determination that a proposed use is sufficiently similar to a specifically permitted use to be allowed as a "similar use." In determining similarity between a proposed use and a use specifically described herein the chief zoning official shall be guided by the intent of the zoning classification and shall further consider common characteristics, the generation of pedestrian and vehicular traffic, and the compatibility of the proposed use with the uses specifically described and permitted within the zoning classification.

In addition, certain uses listed under each category are allowed only if special supplemental site design standards and/or other requirements are met. These certain uses are denoted by an asterisk (*) and have the supplemental standards and/or requirements described in Article V, Division 6 of this chapter.

(b)

Accessory uses. Accessory uses and structures are considered incidental or subordinate to a principal use or structure located on the same lot.

(c)

Special exception uses. Uses not permitted by right but may provide for an individual or community serving need and which, subject to conditions, would not impact the integrity of the zoning district. These uses shall be authorized by the city council subsequent to review by the city and shall additionally comply with the following requirements:

(1)

The use is a permitted special use as set forth in the special exception uses for that district.

(2)

The use is so designed, located, and proposed to be operated that the public health, safety, welfare, and convenience will be protected.

(3)

The use will not cause substantial injury to the value of other property in the neighborhood where it is to be located.

(4)

The use will be compatible with adjoining developments and the proposed character of the district where it is to be located.

(5)

Adequate landscaping and screening is provided as required in this chapter, or as otherwise required.

(6)

Adequate off-street parking and loading is provided. Ingress and egress is designed so as to cause minimum interference with traffic on abutting streets and the use has adequate frontage on a public or approved private street.

(7)

The use conforms with all applicable regulations governing the district where located, except as may otherwise be determined for planned unit developments.

(Ord. of 9-25-06)

(a)

Permitted uses. The following are allowed in the E-1 zoning districts, while all other uses are conditional or prohibited:

(1)

Detached single-family dwellings.

(2)

Professional offices restricted to those regulated by the State of Florida Department of Professional Regulation, and having no more than one employee which is the owner/occupant. Medical and dental offices are prohibited.

(3)

Child day care family home*

(4)

Park and open space and water (POS) and right-of-way (RW) Uses.

(b)

Accessory uses. The following accessory uses and structures are allowed in this zoning district:

(1)

Private pools, courts, cabanas and other similar uses to meet the leisure needs of the residents.

(2)

Private detached garages and sheds.

(3)

Carports.

(4)

Stables.

(5)

Guesthouse (as defined under Article X, Definitions).

(c)

Special exceptions. The following uses may be allowed subject to requirements as set forth in section 78-36:

(1)

None allowed.

(Ord. of 9-25-06)

The following are allowed in the R-1 zoning districts, while all other uses are conditional or prohibited:

(1)

Permitted uses.

a.

Detached single-family dwellings.

b.

Uses permitted in the E-1 District.

c.

POS and RW.

(2)

Accessory uses. The following accessory uses and structures are allowed in this zoning district:

a.

All E-1 accessory uses, except stables and guesthouses.

(3)

Special exceptions. The following uses may be allowed subject to requirements as set forth in section 78-36:

a.

Professional offices and home occupations.

(Ord. of 9-25-06)

(a)

Permitted uses. The following are allowed in the R-2 zoning districts, while all other uses are conditional or prohibited:

(1)

Two-family (duplex) dwellings.

(2)

All R-1 permitted uses.

(b)

Accessory uses. The following accessory uses and structures are allowed in this zoning district:

(1)

All R-1 accessory uses.

(c)

Special exceptions. The following uses may be allowed subject to requirements as set forth in section 78-36:

(1)

Professional office and home occupations.

Two-family homes are allowed only along the north side of NW 129th Street between NW 102nd and 104th Avenues.

(Ord. of 9-25-06)

(a)

Permitted uses. The following are allowed in the R-1Z zoning districts, while all other uses are conditional or prohibited:

(1)

Single-family zero-lot-line dwellings (site built or manufactured).

(2)

All R-1 permitted uses (R-1Z prohibits R-2).

(3)

Detached single-family cluster dwellings.

(4)

Public service or utility uses.

(5)

Adult living facility.

(b)

Accessory uses. The following accessory uses and structures are allowed in this zoning district:

(1)

All R-2 accessory uses.

(c)

Special exceptions. The following uses may be allowed subject to requirements as set forth in section 78-36:

(1)

Houses of worship.

(2)

Educational facilities (charter or private).

(3)

Professional office and home occupations.

(Ord. of 9-25-06)

(a)

Permitted uses. The following are allowed in the R-1P zoning districts, while all other uses are conditional or prohibited:

(1)

Detached single-family patio dwellings.

(2)

All R-1Z permitted uses.

(b)

Accessory uses. The following accessory uses and structures are allowed in this zoning district:

(1)

All R-1Z accessory uses.

(c)

Special exceptions. The following uses may be allowed subject to requirements as set forth in section 78-36:

(1)

All R-1Z special exceptions uses.

(Ord. of 9-25-06)

(a)

Permitted uses. The following are allowed in the R-TH zoning districts, while all other uses are conditional or prohibited:

(1)

Townhouse dwellings.

(2)

All R-1P permitted uses.

(3)

R-2 use.

(4)

Outdoor recreational facilities limited to residents or guests.

(5)

Public service/utility uses.

(b)

Accessory uses. The following accessory uses and structures are allowed in this zoning district:

(1)

None allowed.

(c)

Special exceptions. The following uses may be allowed subject to requirements as set forth in section 78-36:

(1)

Houses of worship.

(2)

Nonprofit cultural centers.

(3)

Educational facilities (charter or private).

(Ord. of 9-25-06)

(a)

Permitted uses. The following are allowed in the R-M1 zoning districts, while all other uses are conditional or prohibited:

(1)

Multi-family dwellings.

(2)

All R-TH permitted uses.

(3)

Public service/utility uses.

(b)

Accessory uses. The following accessory uses and structures are allowed in this zoning district:

(1)

None.

(c)

Special exceptions. The following uses may be allowed subject to requirements as set forth in section 78-36:

(1)

All R-TH special exception uses.

(Ord. of 9-25-06)

(a)

Permitted uses. The following are allowed in the R-M2 zoning districts, while all other uses are conditional or prohibited:

(1)

Multi-family dwellings.

(2)

All R-M1 permitted uses.

(3)

Public service/utility uses.

(4)

Child day care centers (for residents only).

(b)

Accessory uses. The following accessory uses and structures are allowed in this zoning district:

(1)

None.

(c)

Special exceptions. The following uses may be allowed subject to requirements as set forth in section 78-36:

(1)

All R-M1 special exception uses.

(2)

Private clubs.

(3)

Professional offices.

(4)

Medical and dental offices.

(5)

Assisted living facilities.

(Ord. of 9-25-06)

(a)

Permitted uses. The following, or similar uses, are allowed in the B-1 zoning districts, while all other uses are conditional or prohibited:

(1)

Antique shops.

(2)

Apparel and jewelry stores selling new and/or used merchandise.

(3)

Art good stores, artist studios and photograph shops and galleries.

(4)

Banks, excluding drive-in teller service.

(5)

Beauty parlors and barber shops.

(6)

Bakeries, retail only (baking permitted on premises).

(7)

Non-motorized bicycle sales, rentals and repairs.

(8)

Computer, video, video game and DVD stores.

(9)

Confectionery, ice cream stores, and dairy stores.

(10)

Drug stores.

(11)

Florists.

(12)

Grocery stores, and other specialty food stores.

(13)

Hardware stores of no more than 4,000 square feet of floor area.

(14)

Interior design shops, office and display only.

(15)

Leather goods and luggage shops.

(16)

Mail order office.

(17)

Museum.

(18)

Newsstand.

(19)

Offices.

(20)

Optical stores.

(21)

Paint and wallpaper stores.

(22)

Pottery shops.

(23)

Restaurants and coffee houses or dining room where kitchen is screened or located all together within an enclosed building or room and with ample provisions for carrying away or dissipating fumes, odors, smoke or noise and where premises are so arranged and the business is so conducted as not to be offensive or obnoxious to occupants of adjoining premises or to passersby.

(24)

Self-service post office, which contains mechanical or computer equipment designed to provide limited postal service for walk-up trade.

(25)

Shoe stores and shoe repair shops.

(26)

Sporting goods stores.

(27)

Tailor shops, provided such establishments contain not more than 4,000 square feet of floor area.

(28)

Tobacco shops.

(29)

Variety stores provided such establishments contain not more than 4,000 square feet of floor area.

(30)

Park and open space and water (POS), community facilities (CF) and right-of-way (RW).

(31)

Houses of worship.

(32)

Gas stations without repair facility and without design for service to trucks.

(33)

Fitness and health clubs.

(b)

Accessory uses. The following accessory uses and structures are allowed in this zoning district:

(1)

None allowed.

(c)

Special exceptions. The following uses may be allowed subject to requirements as set forth in section 78-36:

(1)

Educational facilities (charter or private).

(2)

Child day care centers.*

(3)

Conservatories and music and dance schools.

(4)

Restaurants with bars as an incidental use.

(5)

Banks and financial institutions with drive-through teller facility.

(6)

Fast food establishments with drive-through service facility.

(Ord. of 9-25-06; Ord. No. 2014-08, §§ 1, 2, 9-9-14)

(a)

Permitted uses. The following, or similar uses, are allowed in the B-2 zoning districts, while all other uses are conditional or prohibited:

(1)

All B-1 permitted and special exception uses permitted in the B-1 district.

(2)

Retail stores.

(3)

Banking and financial establishments.

(4)

Entertainment (theater, arcades, recreation centers).

(5)

Hotel and motel.

(6)

Offices.

(7)

Grocery stores.

(8)

Restaurants.

(9)

Commercial or trade schools.

(10)

Fraternal lodges.

(11)

Funeral homes.

(12)

Garden and building supply, plant nurseries.

(13)

Fitness and health clubs.

(14)

Veterinary clinics, kennels prohibited.

(15)

Public service/utility uses.

(16)

Automobile parking garages, not over three stories in height.

(17)

Hospitals (other than animal hospitals).

(18)

Liquor package stores.

(19)

Major department stores.

(20)

Office parks.

(21)

Regional shopping centers.

(22)

Rehabilitation centers, clinics.

(23)

POS, CF and RW uses.

(24)

Houses of worship.

(25)

Fast food establishments.

(b)

Accessory uses. The following accessory uses and structures are allowed in this zoning district:

(1)

None allowed.

(c)

Special exceptions. The following uses may be allowed subject to requirements as set forth in section 78-36:

(1)

Educational facilities (charter or private schools).

(2)

Nursing homes.

(3)

Child day care centers.

(5)

Auto sales (along NW 103 Street and Okeechobee Frontage Road only).

(6)

Gas stations — no repairs (along NW 103 Street and Okeechobee Frontage Road only).

(7)

Nightclubs, pubs and bars.

(8)

Restaurants with bars as an incidental use.

(9)

Car wash.

(10)

Cigar store and smoking lounge.

(Ord. of 9-25-06; Ord. No. 2009-08, § 1, 9-1-09; Ord. No. 2015-18, § 1, 12-1-15)

Certain uses in this zoning district, as denoted by a double asterisk (**), are not allowed in the Northwest District south of NW 138th Street.

(1)

Permitted uses. The following, or other similar uses, are allowed in the B-3 zoning districts, while all other uses are conditional or prohibited:

a.

All uses permitted in the B-1 and B-2 districts.

b.

Warehouse/self- or mini-storage.

c.

Wholesale commercial.

d.

Vehicle and heavy equipment sales, rental, service and repair (subject to specific site and size requirements)*.

e.

Fast food establishments (drive thru).

f.

Farm and construction equipment sales, service and repair*.**

g.

Veterinary clinics and kennels.

h.

Outdoor recreation centers.

i.

Automobile and truck services and facilities of not less than 20,000 square feet including*:

1.

Open lot car and truck sales new and or used, including as ancillary uses, automobile repairs, body and top work and painting.**

j.

Bakeries, retail and wholesale not including distribution plants.

k.

Bottling of beverages not including distribution plants.

l.

Cabinet working and carpentry shops.*.**

m.

Cold storage warehouse and pre-cooling plants.

n.

Contractor's office and storage yards.**

o.

Dry cleaning.

p.

Sales and service of gas, oil, steam engines.*

q.

Feed, hay and other livestock supplies and fertilizer stores.**

r.

Gun shops.

s.

Leather good manufacturing, excluding tanning.**

t.

Locksmith shops, sharpening and grinding shops.

u.

Lumber yards.

v.

Secondhand stores for the disposal of furniture, fixtures, and tools.

w.

Television and broadcast stations, including studio, transmitting station and tower power plants and other incidentals and unusual uses related to the operation of such a station.

x.

Truck storage, only within an enclosed building or an area enclosed by a CBS wall, excluding parcels abutting Frontage Road from NW 77 ^th Avenue to NW 112 Avenue and on the eastern side of NW 107 Avenue from NW 134 Street South to Frontage Road.**

y.

Upholstery and furniture repairs.*

z.

Wholesale salesroom and storage rooms.*

aa.

Warehouse for sale of merchandise to membership or home improvement center.*

bb.

Public service/utility uses.

cc.

POS, CF and RW uses.

(b)

Accessory uses. The following accessory uses and structures are allowed in this zoning district:

(1)

None allowed.

(c)

Special exceptions. The following uses may be allowed subject to requirements as set forth in section 78-36:

(1)

Restaurants with bars as an incidental use.

(2)

Towers and masts.

(3)

Pawnbrokers.

(4)

Car wash.*

(5)

Cigar store and smoking lounge.

(Ord. of 9-25-06; Ord. No. 2010-23, § 1, 11-2-10; Ord. No. 2015-18, § 2, 12-1-15; Ord. No. 2023-06, § 1, 1-17-23)

The IN-1 district is intended to provide manufacturing, warehouse, and office facilities for the repair, assembly, packaging, storage and wholesale distribution of products, and hotels, motels, and convention centers. All uses allowed in the B-3 district are permitted along the IN-1 district arterial roadways. Certain B-1 and B-2 uses shall be allowed if the chief zoning official determines that a proposed use is sufficiently similar to a specifically permitted use.

Certain uses in this zoning district, as denoted by a double asterisk (**), are not allowed in the Northwest District south of NW 138th Street.

(1)

Permitted uses. The following are allowed in the IN-1 zoning districts, while all other uses are conditional or prohibited:

a.

Residential uses as a watchman's or caretaker's quarters in connection with an existing industrial use located on the premises concerned.

b.

Animal hospitals within soundproofed, air conditioned buildings.

c.

Armories, arsenals.**

d.

Auditoriums.

e.

Auto painting, and body shop (min. floor area 1,000 sq. ft)* .**

f.

Automobile gas and/or service stations are permitted only on major access roads, including major roadways (three or more lanes) and frontage roadways serving limited access expressways.*

g.

Automobile and truck sales for new and/or used vehicles including as ancillary uses automobile and truck rentals, wholesale distribution and automobile repairs (min. floor area 3,000 sq. ft.)* .**

h.

Automotive repairs (min. floor area 1,000 sq. ft.)* .**

i.

Automobile and truck rentals* .**

j.

Bakeries-wholesale only with incidental retail uses.

k.

Banks.

l.

Blacksmith, gas, steam fitting shops.

m.

Boat or yacht manufacturing repairing or overhauling.**

n.

Brewery and bottling plants.

o.

Cabinet working and carpentry shops.**

p.

Canning factories.

q.

Caterers.

r.

Cold storage warehouse and pre-cooling plants.

s.

Concrete, clay or ceramic products, hand manufacture or involving only small mixer where all such manufacturing and equipment is within an approved building and storage and drying areas are enclosed as provided in this chapter.**

t.

Contractors' offices and yards.**

u.

Dry cleaning and dyeing plants.**

v.

Sales and services of gas, oil, steam engines.* **

w.

Fertilizer storage.**

x.

Fruit packing and fruit preserving.

y.

Furniture manufacturing.

z.

Furniture refinishing.

aa.

Glass installations.

bb.

Grinding shops.

cc.

Hotel and motel.*

dd.

Ice manufacturing.

ee.

Laboratories, material testing.

ff.

Leather goods manufacturing, excluding tanning.

gg.

Livery stables, for riding clubs, or a stable for sheltering horses.**

hh.

Locksmith.

ii.

Lumberyards.

jj.

Machine shops.

kk.

Marine warehouse.

ll.

Mattress manufacturing and renovating.**

mm.

Milk or ice distributing station from which extensive truck of wagon deliveries are customarily made.**

nn.

Millwork shops.

oo.

Motion picture production studios.

pp.

Offices.

qq.

Off-street parking and loading.

rr.

Ornamental metal workshops.

ss.

Oxygen storage and filling of cylinders.

tt.

Passenger and freight stations and terminals: trucks, and buses.**

uu.

Pharmaceutical storage.*

vv.

Power or steam laundries.**

ww.

Printing shops.

xx.

Radio and television transmitting stations and studios.

yy.

Restaurants and cafeterias.

zz.

Restaurants with bar as an incidental use.

aaa.

Salesrooms and storage showroom-wholesale.

bbb.

School-technical trade schools, such as, but limited to aviation, electronic and mechanics. Also physical training schools, such as, to gymnastics and karate.

ccc.

Sign painting shops.

ddd.

Steel fabrication.**

eee.

Storage warehouse for food, fodder, etc.

fff.

Taxidermy. Only within a fully enclosed, air-conditioned building.**

ggg.

Telecommunications hubs.*

hhh.

Warehouse for sale of merchandise to membership or home improvement center.*

iii.

Welding shops.**

jjj.

Welding supplies.**

kkk.

Wood and coal yards.**

lll.

Certain B-1 uses shall be permitted if complimentary to the IN-1 district.

mmm.

POS, CF and RW uses.

(2)

Accessory uses. The following accessory uses and structures are allowed in this zoning district:

a.

Accessory uses for hotel and motel establishments (within same building only):

1.

Business or commercial establishments of the B-1 type, bars and cabarets.

2.

Hotels and motels with 150 or more guest rooms may have liquor package service on the premises for the accommodation and use of their guests only.

(3)

Special exceptions. The following uses may be allowed subject to requirements as set forth in section 78-36:

a.

Private clubs.*

b.

Houses of worship.*

c.

Child day care centers.*

d.

Cigar store and smoking lounge.

(Ord. of 9-25-06; Ord. No. 2015-18, § 3, 12-1-15)

The IN-2 heavy industrial district is intended to provide for extensive, outdoor types of heavy manufacturing and bulk storage facilities in addition to the uses specified in IN-1 which are also permitted in this district.

(1)

Permitted uses. The following are allowed in the IN-2 zoning districts, while all other uses are conditional or prohibited:

a.

Every use and special exception use permitted in IN-1 district except private educational facilities which are prohibited in the IN-2 district.

b.

Asphalt drum mixing plants, which produce less than 150 tons per hour in self, contained drum mixers.

c.

Rock and sand yards.

d.

Cement and clay products, such as concrete blocks, pipe, etc.

e.

Soap manufacturing, vegetable by-products only.

f.

Railroad shops.

g.

Collection, recycling and processing facilities.*

h.

POS, CF and RW uses.

(2)

Accessory uses. The following accessory uses and structures are allowed in this zoning district:

a.

None allowed.

(3)

Special exceptions. The following uses may be allowed subject to conditions:

a.

None allowed

(Ord. of 9-25-06)

The IN-C ("controlled industrial district") is intended to provide a protective zone for campus-like environments that will encourage the development of non-polluting light industry and compatible uses which support the economic base of the city. The development standards in this district are intended to provide a healthful operating environment for light industry and compatible uses, for the protection of light industry and compatible uses from the encroachment of other uses adverse to the operation of such district, to protect business within the district from the adverse effect of incompatible uses, and to reduce to a minimum the impact of the district on surrounding non-commercial land use. The use within this district shall be consistent with, but may be more restrictive than; the industrial land use category of permitted uses.

(1)

Permitted uses. The following are allowed in the IN-C zoning districts, while all other uses are conditional or prohibited:

a.

Controlled industrial uses shall include manufacture, fabricating, processing, packaging or treatment of goods and shall be limited to permitted activities involving the following types of products, or those which are similar:

1.

Aircraft components.

2.

Blueprints.

3.

Ceramic products.

4.

Clocks and watches.

5.

Clothing.

6.

Crating, packing, distribution, shipping, and bottling.

7.

Electrical appliances.

8.

Food products, except fish and meat products or similar substances commonly recognized as creating offensive conditions in the handling thereof.

9.

Heating equipment.

10.

Machinery and machine tools.

11.

Musical instruments.

12.

Optical devices.

13.

Pharmaceuticals.*

14.

Plastics.

15.

Publishing and bookbinding.

16.

Silk-screens.

17.

Sporting goods.

18.

Toys.

19.

Moving, storage and van lines.

20.

Construction and building materials.

21.

Freight consolidators.

22.

Warehouse and storage buildings.

b.

Educational, scientific, industrial and manufacturing research and development such as:

1.

Automobile equipment.

2.

Artificial intelligence.

3.

Bio-chemical.

4.

Chemical.

5.

Coils.

6.

Communications.

7.

Computer software development.

8.

Data processing.

9.

Film and photography.

10.

Graphics.

11.

Medical or dental technology.

12.

Metallurgy.

13.

Metering instruments.

14.

Navigation.

15.

Pharmaceutical.*

16.

Semi-conductor

17.

Testing equipment and laboratory.

18.

Tubes.

19.

X-rays.

c.

Light manufacturing and assembling of products.

d.

Offices, banks and commercial uses of a medical or professional nature.

e.

Communication, broadcast, and production facilities.

f.

The following uses shall be limited to ten percent of the total gross square footage of building area permitted within the overall IN-C:

1.

Public and private utilities essential to serve principle uses in the District, specifically excluding electric transmission facilities and substations.

2.

Child day care centers.*

3.

Retail uses as accessory uses within buildings devoted to a permitted use.

4.

Restaurants and cafeterias.

5.

Retail uses.

g.

POS, CF and RW uses.

(2)

Accessory uses. The following accessory uses and structures are allowed in this zoning district:

a.

Permitted incidental and accessory uses shall include offices, rooms for the display and sale of items manufactured or assembled on 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 machinery and equipment; maintenance and utility shops for the upkeep and repair of building and structures on the site; central heating or air conditioning, and power plants for furnishing heat and energy to buildings or structures on the site.*

(3)

Special exceptions. The following uses may be allowed subject to requirements as set forth in section 78-36:

a.

Health Club and physical fitness center.

b.

Hotel and motel.*

(Ord. of 9-25-06)

(a)

Permitted uses. The following, or similar uses, are allowed in the CF zoning districts, while all other uses are conditional or prohibited:

(1)

Government administration buildings/city hall.

(2)

Police and fire and rescue stations.

(3)

Public service facilities: library, post office, recycling, collection and processing facilities.

(4)

Public or nonprofit educational or cultural facilities.

(5)

POS and RW uses.

(b)

Accessory uses. The following accessory uses and structures are allowed in this zoning district:

(1)

None allowed.

(c)

Special exceptions. The following uses may be allowed subject to requirements as set forth in section 78-36:

(1)

None allowed.

(Ord. of 9-25-06)

(a)

Permitted uses. The following, or similar uses, are allowed in the POS zoning districts, while all other uses are conditional or prohibited:

(1)

Public parks and open space.

(2)

Private recreational facilities.

(3)

Pools.

(4)

Cultural facilities.

(5)

Passive scenic areas and pocket parks.

(6)

Boat ramps, docks and piers.

(7)

CF and RW uses.

(b)

Accessory uses. The following accessory uses and structures are allowed in this zoning district:

(1)

Restrooms.

(2)

Meeting/recreation rooms.

(3)

Equipment storage areas.

(c)

Special exceptions. The following uses may be allowed subject to requirements as set forth in section 78-36:

(1)

None allowed.

(Ord. of 9-25-06)

(a)

Permitted uses. The following, or similar uses, are allowed in the RW zoning districts, while all other uses are conditional or prohibited:

(1)

A street, crosswalk, sidewalks, street signage, electric transmission line, lighting, bus shelters, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, swale, median, landscaping or other utilities.

(b)

Accessory uses. The following accessory uses and structures are allowed in this zoning district:

(1)

None allowed.

(c)

Special exceptions. The following uses may be allowed subject to requirements as set forth in section 78-36.

(1)

None allowed.

(Ord. of 9-25-06)

(a)

Permitted uses. The following are allowed in the PUD zoning districts, while all other uses are conditional or prohibited. Planned unit developments are unified developments built according to specific and detailed plans which allow a mix of uses but which are substantially related, compatible or complementary:

(1)

Uses substantially related, compatible or complementary in all zoning districts, except E-1, R-1, R-2, B-3, IN-1, IN-2 and IN-C.

(b)

Accessory uses. The following accessory uses and structures are allowed in this zoning district:

(1)

As allowed by the referenced zoning districts.

(c)

Special exceptions. The following uses may be allowed subject to requirements as set forth in section 78-36:

(1)

Houses of worship.*

(2)

Nonprofit cultural centers.

(3)

Educational facilities (charter or private).*

(4)

Nursing homes.*

(5)

Child day care centers.*

(Ord. of 9-25-06)

(a)

Permitted uses. The following are allowed in the MU zoning districts, while all other uses are conditional or prohibited. Mixed Use developments are unified developments, allowing a vertical mix of uses, built according to specific and detailed plans which allow a mix of uses but which are substantially related, compatible or complementary:

(1)

Townhouses (R-TH).

(2)

Multi-family dwellings (RM-2 only).

(3)

All B-1 permitted uses, except hardware stores and houses of worship.

(4)

Medical and dental offices.

(5)

The following B-2 permitted uses:

a.

Financial establishments;

b.

Grocery stores;

c.

Fitness and health clubs; and

d.

Liquor package stores.

(6)

Child day care centers.*

(7)

Public service/utility uses.

(8)

POS, CF and RW uses.

(b)

Accessory uses. The following accessory uses and structures are allowed in this zoning district:

(1)

Automobile parking garages, not over three stories in height.

(c)

Special exceptions. The following uses may be allowed subject to requirements as set forth in section 78-36:

(1)

Conservatories and music and dance schools.

(2)

Nonprofit cultural centers.

(3)

Restaurants with bars as an incidental use.

(d)

Permitted uses—MU-E. The following are allowed in the MU-E zoning districts, while all other uses are conditional or prohibited.

(1)

Specific entertainment, restaurant or retail uses that are deemed appropriate by the chief zoning official.

(e)

Accessory uses. The following accessory uses and structures are allowed in this zoning district:

(1)

Automobile parking garages, not over three stories in height.

(f)

Special exceptions. The following uses may be allowed subject to requirements as set forth in section 78-36:

(1)

None allowed.

(Ord. of 9-25-06)

(a)

Purpose and intent.

(1)

Purpose.

a.

To encourage the development of elderly housing that is compatible and complementary to its neighborhood context, is located near essential services and amenities required by seniors, and allows for or encourages neighborhood walkability.

b.

To facilitate the development of elderly housing projects which are superior in functional design, quality of construction, appearance, and operational standards.

(2)

Intent. This district is designed to provide for residential uses that are appropriate for the development of seniors, recognizing their unique lifestyles and needs, by allowing higher densities, a mix of uses, and requiring in return, higher design and construction standards, as well as the provision of specific site and building amenities. It is the intent of this zone to carry out the policies and objectives of all elements of the comprehensive plan and to meet the standards necessary to satisfy the requirements for public health, safety, and general welfare.

(b)

Qualifications for eligibility.

(1)

The elderly housing overlay (EHO) zone may be applied to any lot or group of contiguous lots having at least one acre.

(2)

The underlying zoning must be a high residential district.

(3)

The surrounding land uses, both current and projected, must be compatible with the living environment required by seniors and be free from potential health and safety issues.

(c)

Permitted uses. Permitted uses include those listed as permitted and accessory in the underlying zone district. Specific uses allowed within the EHO zone include:

(1)

a. Multifamily dwellings for the elderly.

b.

Congregate living facilities.

c.

Public service/utility uses.

(2)

Accessory uses.

a.

Associated convenience store retail, pharmacy, recreation, barber shop, beauty salon, cafeteria, food service and all other uses facilitating the quality of life of an elderly population.

b.

Sale/rental offices.

(c.1)

Geographic area. The boundaries of the multifamily residential and congregate living facilities for the EHO district comprise three areas:

(1)

Area 1. All properties abutting the south side of NW 103 Street, between NW 77 Avenue and NW 87 Avenue.

(2)

Area 2. All properties abutting the north of West Okeechobee Road (Frontage Road), between NW 77 Avenue and NW 103 Street.

(3)

Area 3. All properties abutting the north of West Okeechobee Road (Frontage Road), between NW 103 Street and NW 92 Avenue.

(d)

Age requirements. At the time of purchase or rental the head of the household must be 62 or older, as per F.S. § 420.502(15).

(e)

Development criteria.

(1)

[Maximum allowable density.] The maximum allowable density in an EHO project area is 75 dwelling units to the net acre.

(2)

Site character.

a.

When an EHO project adjoining residential and commercial uses can mutually benefit from connection rather than separation, appropriate connective elements (e.g., walkways) should be provided.

b.

Existing amenities (e.g., views, mature trees, lakes, etc.) that are unique to the site should be preserved and incorporated into the project's design whenever possible.

(3)

Site access. Developments with more than 100 parking stalls that are located on arterial roads should coordinate access points with median openings and existing driveways on the opposite side of the roadway. Such developments may also be required to provide deceleration lanes adjacent to their major entry.

(4)

Building setbacks.

- Front: 30 feet.

- Side: 15 feet and side street 25 feet.

- Rear: 25 feet.

(5)

Building design layout.

a.

The minimum dwelling size for each unit shall be as follows:

- Studios: 475 square feet.

- One-bedroom: 525 square feet.

- Two-bedroom: 700 square feet.

b.

Multiple buildings in a single project should provide a functional relationship with one another to achieve a sense of place by use of the following techniques:

1.

Cluster buildings around open plaza areas or courtyards.

2.

Provide open plaza areas and courtyards with landscaping and other pedestrian amenities.

3.

Provide convenient pedestrian circulation between buildings, and open parking areas.

4.

Link buildings together visually using trellis structures, arcades, and enhanced paving.

5.

Where feasible, locate buildings near public streets, thus creating a strong presence thereon.

6.

If applicable, link development with adjacent compatible uses, such as shopping areas through the use of landscaped walkways.

(6)

Support facilities. Support structures (e.g., laundry facilities, recreation buildings, and sales/lease offices) should be consistent with the architectural design of the overall complex.

(7)

Solid waste receptacles. Trash bins should be fully enclosed with a masonry enclosure, either simulated wood or decorative metal gates and a trellis roof. The enclosure shall be finished with colors and materials that are consistent with the rest of the structures. Enclosures should be screened with landscaping on their most visible sides.

(8)

Parking and circulation.

a.

Project entries. Project entries should provide the resident and visitor with an overview to the project through either an easy visual assessment (in smaller projects) or by providing signage. Special attention should be given to hardscape and landscape treatments to enhance the overall aesthetic image of the project.

b.

The principal vehicular access should be through an entry drive rather than a parking aisle. Colored, textured paving treatment at entry drives together with lush landscaping is strongly encouraged.

c.

If parking is not attached to the residential structures, covered carports are the desired alternative.

d.

Parking requirements for EHO projects shall provide a minimum of one and one-half parking spaces for every one-bedroom unit; one and one-half parking spaces for two-bedroom units for up to 25 percent of the amount of one-bedroom units, after that, half a parking space per unit plus 0.1 per dwelling unit for guest or visitor plus one per 250 square feet of commercial and/or office area, plus designated parking for buses or vans. Handicap parking spaces to be provided as increase of +1 for a total of spaces under ten, and +ten percent for a total of spaces above ten of ADA requirements.

Dimensions [for] parking spaces for buses must be 12 feet by 55 feet with appropriate aisle for access.

e.

Parking spaces required for particular uses shall be located on the same lot where the use creating the parking requirement is located.

(9)

Pedestrian access.

a.

Drop-off points should be provided at major building entries and plaza areas for all projects with more than 25,000 square feet of building floor area.

b.

Stamped or painted concrete walkways should be provided in areas where it is necessary for pedestrians to cross drive or parking aisles.

c.

All projects should provide a clear connection between the on-site pedestrian circulation system and the off-site public sidewalk.

(10)

Maintenance. All parking areas, walkways, recreation facilities, storage areas, landscaped areas, open space, screening areas, sewer, drainage facilities and other improvements not dedicated to public use shall be maintained by the property owners. Provisions to the satisfaction of the city shall be made for the preservation and maintenance of all such improvements prior to the issuance of building permits.

_____

(Ord. No. 2018-06, § 1, 8-7-18; Ord. No. 2019-27, § 1, 12-3-19)

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