The purpose and intent of this article is to provide flexibility to development regulations required in chapter 27; provide for an expeditious process to promote the revitalization and/or preservation of designated overlay areas of the town which have previously been developed; provide incentives to encourage infill development and/or the redevelopment of these existing areas and/or buildings; and reduce traffic congestion by internalizing and reducing trips within the designated overlay areas.

(Code 1992, § 24-188; Ord. No. 32-10, § 2, 12-21-2010)

The areas listed below are designated redevelopment overlay areas (ROAs), and shall have their general boundaries depicted by an overlay on the town's official zoning map. General planning principles are established for each area separately and must be met in order for a development or redevelopment project to receive the incentives provided for in this article. The ROAs established by this article:

(1)

Center Street/North Alternate A1A Redevelopment Overlay Area. Using the general planning principles and the land development regulations established by this ROA is voluntary.

(2)

Inlet Village Redevelopment Overlay Area. Use of general planning principles and the land development regulations established by this ROA is mandatory. All development and redevelopment, except those applications meeting section 27-259, reviewing authority, shall be processed as a Large-Scale Planned Unit Development District (PUD) or Small-Scale Planned Unit Development District (SSPUD) for the review and approval by the town council.

(3)

Toney Penna Redevelopment Overlay Area. Use of the general planning principles and the land development regulations established by this ROA is voluntary.

(Code 1992, § 24-189; Ord. No. 32-10, § 2, 12-21-2010)

Those properties located within the Commercial, Neighborhood Districts (C-1), Commercial, General Districts (C-2), Commercial, Office Districts (C-3), Commercial, Restricted Districts (C-4), and Industrial, Park, Light Industry Districts (I-1) are eligible for the incentives provided for in this ROA. In order to qualify for incentives, the development or redevelopment project shall be consistent with and implement the following general planning principles:

(1)

The design and architecture shall be consistent with and shall preserve and enhance the historical commercial character of this area of the town;

(2)

The project shall provide for a collection of compatible, interrelated uses, including commercial retail space uses and services, contribute additional employment opportunities, and provide for opportunities for accessory residential where desired or appropriate;

(3)

Apply as many of the traditional neighborhood development planning principles listed in section 27-994 of the zoning chapter as feasible;

(4)

Orient existing commercial buildings such that the front of the buildings face the street upon which the buildings are located;

(5)

Provide on-street parking in front of and/or provide off-street parking along the side and rear of the building;

(6)

Preserve, accentuate and enhance the natural resources and specimen trees which exist upon those properties located along Alternate A1A, the Jupiter River, and other waterways within this ROA;

(7)

Provide for the orientation of new buildings and their entrances, windows and outdoor spaces such that these features front Alternate A1A;

(8)

Preserve, accentuate and enhance views from the waterways by prohibiting the location of service areas and dumpsters abutting the waterways and the Jupiter River.

(Code 1992, § 24-190; Ord. No. 32-10, § 2, 12-21-2010; Ord. No. 29-16, § 2(24-190), 5-16-2017)

Those land development regulations which must be specifically met in this ROA, which differ from the underlying zoning district and shall be met, are as follows:

(1)

Setbacks and step-backs. A reduced front setback is permitted, provided 75 percent of the parking required for the use is provided on the side or to the rear of the property, not including on-street parking, as follows:

a.

Street setbacks shall be a minimum of 20 feet.

b.

Buildings proposed at the minimum street setbacks set forth above shall not exceed two stories or 35 feet without adhering to the vertical building step-back envelope (the roofline shall not be considered to be within the vertical envelope). The step-back envelope of a building shall increase at a ratio of one foot to one foot (for every one foot of vertical run, one foot of horizontal) above 35 feet, not including the building height above the roof, or pole plate for trussed roof systems.

c.

Buildings that have existing nonconforming front setbacks may maintain their existing front setbacks so long as the fronts of the buildings are maintained as part of the properties' redevelopment. Buildings may include additional floors above the existing nonconforming front setback, upon the approval of the town council.

(2)

Landscape buffers. A reduced front landscape buffer is permitted, as follows:

a.

Buildings using the reduced street setback set forth above shall have a minimum street landscape buffer of five feet;

b.

Buildings that have existing nonconforming front landscape buffers may maintain their existing front buffers so long as that portion of the front of the buildings is maintained as part of the redevelopment, and provided that street trees, large palms, planters, landscape islands, and/or foundation plantings are installed and maintained in locations approved by the town;

c.

Where on-street parking is approved by the town, the street buffer may be reduced or eliminated to correspond with the parking, provided street trees, large palms, planters, landscape islands, and/or foundation plantings are installed and maintained in the right-of-way.

(3)

Green space. Properties whose percentage of green space does not comply with the underlying zoning district requirements may maintain their existing nonconforming green space so long as the properties' percentage of green space is ten percent or above. Those properties having less than ten percent green space shall submit landscape plans which shall provide sufficient landscape buffers, foundation plantings and landscaping to provide shade.

(4)

New or redeveloped buildings shall be designed such that they meet the following criteria:

a.

The building shall provide a front entrance on the street upon which the building is located;

b.

The building's entrances shall be covered by awnings (temporary or permanent), and have a stoop, porch, and/or arcade;

c.

The building's windows and outdoor spaces shall be oriented toward the street.

(5)

The owner shall preserve at least 50 percent of any specimen trees which exist on-site.

(6)

Properties along Alternate A1A with direct access to the Jupiter River or other waterways shall be redeveloped such that they engage the water. Service areas and dumpsters shall not abut and be visible from the adjacent waterway.

(7)

On-street parking is permitted within the rights-of-way of the following streets, provided it meets the regulations of section 27-2832:

a.

Old Dixie Highway, Seminole Avenue, Town Hall Avenue, and Orange Avenue: 90-degree and parallel parking permitted;

b.

Center Street: both reverse angle-in parking and parallel parking are permitted.

(Code 1992, § 24-191; Ord. No. 32-10, § 2, 12-21-2010; Ord. No. 29-16, § 2(24-191), 5-16-2017)

New development and redevelopment shall be consistent with the future land use element of the comprehensive plan, specifically objectives 1.9 and 1.10, and policies 1.9.8, 1.9.10 through 1.9.14, and 1.10.1 through 1.10.8.

(Code 1992, § 24-192; Ord. No. 32-10, § 2, 12-21-2010)

Properties located in this redevelopment overlay area (ROA) are eligible for waivers as part of a planned unit development, provided the development is consistent with the intent of the redevelopment overlay area hereby established.

(Code 1992, § 24-193; Ord. No. 32-10, § 2, 12-21-2010)

(a)

Those properties located within the Commercial, Office Districts (C-3), Commercial, Restricted Districts (C-4), Medical Center Districts (M-C) and Industrial, General Districts (I-2) are eligible for the incentives provided for in this ROA. In order to qualify for incentives, the development or redevelopment project shall be consistent with and implement the following general planning principles:

(1)

Provide compatible, interrelated uses, including services, shopping, retail stores, pharmacies, offices, restaurants, small fueling stations and accessory residential;

(2)

Apply as many traditional neighborhood development planning principles as listed in section 27-994 of the zoning chapter as feasible;

(3)

Encourage the construction of on-street parking for public use, particularly for the train station or other public transit;

(4)

Provide a mix of uses with nonresidential uses on the ground floor and accessory residential uses permitted above the ground floor;

(5)

Provide additional rights-of-way connecting Toney Penna Drive to Jupiter Lakes Boulevard;

(6)

Create smaller walkable blocks to disperse vehicular traffic and to reduce congestion at the intersection of Toney Penna Drive and Old Dixie Highway;

(7)

Cluster compatible uses adjacent to the Jupiter Medical Center to improve circulation and access;

(8)

Provide for accessory residential;

(9)

Buildings shall front the streets upon which they are located and shall provide parking along the side and rear of buildings.

(b)

Those properties located within the Residential, Limited Multifamily District (R-3) are eligible for the incentives provided for in this ROA. In order to qualify for incentives, the development or redevelopment project shall be consistent with and implement the following general planning principles:

(1)

Provide workforce housing units;

(2)

Apply as many traditional neighborhood development planning principles;

(3)

Allow density bonuses and incentives for workforce housing of up to a maximum of 15 dwelling units per acre, pursuant to policy 1.2.11 of the housing element of the comprehensive plan;

(4)

Buildings shall front the streets upon which they are located and shall provide parking along the side and rear of buildings;

(5)

Encourage the construction of on-street parking for public use, particularly for the train station or other public transit.

(Code 1992, § 24-194; Ord. No. 32-10, § 2, 12-21-2010)

Those land development regulations which must be specifically met in this ROA which differ from the underlying zoning district include:

(1)

Setbacks. Buildings with existing nonconforming front setbacks may maintain the existing front setbacks, provided that portion of the front of the building remains upon redevelopment. A waiver is required for redevelopment projects proposing additional floors above an existing nonconforming front setback, such that the intensity of the property is increased.

(2)

Landscape buffers.

a.

Buildings with existing nonconforming front landscape buffers may maintain the existing front landscaping buffers where the property provides street trees, large palms, planters, landscape islands, and/or foundation planting, installed and maintained;

b.

A street buffer may be reduced or eliminated to accommodate on-street parking approved by the department of planning and zoning and provided that street trees and/or large palms, planters, landscape islands, and/or foundation plantings are installed and maintained.

(3)

Green space. Properties whose percentage of green space do not comply with the underlying zoning district requirements may maintain their existing nonconforming green space so long as the properties' percentage of green space is ten percent or above. Those properties having less than ten percent green space shall submit a landscape plan which shall provide sufficient landscape buffers, foundation plantings and landscaping to provide shade.

(4)

New or redeveloped buildings shall be designed such that they meet the following criteria:

a.

The building shall provide a front entrance on the street upon which the building is located;

b.

The building's entrances shall be covered by awnings (temporary or permanent), and have stoops, porches, and/or arcades;

c.

The building's windows and outdoor spaces shall be oriented toward the street.

(5)

On-street parking may be permitted within the rights-of-way of the following streets, provided it meets the regulations of section 27-2832:

a.

Toney Penna Drive, Old Dixie Highway and on all local residential streets: parallel parking.

b.

Alleys and local nonresidential streets: angled and 90-degree parking spaces.

(Code 1992, § 24-195; Ord. No. 32-10, § 2, 12-21-2010)

The following activities are exempt from meeting all current regulations:

(1)

The maintenance of existing structures and buildings, including, but not limited to, replacement of doors, windows or openings, re-stucco or replacement of exterior building materials, interior modifications, and exterior painting.

(2)

Upgrading or modifying an existing property, provided the modification or replacement does not increase the existing intensity or density of the site, includes the following:

a.

Replacement of portions of a building (up to 2,000 square feet);

b.

Improvement of the appearance of a site. This may include changes to the physical attributes of buildings, landscaping, drainage, access and paving or the reduction of existing non-conformities.

(3)

Properties that have damage (either complete or partial) as a result of an act of God may rebuild the previous building, provided they comply with the flood elevation requirements established in the Florida Building Code.

(Code 1992, § 24-196; Ord. No. 32-10, § 2, 12-21-2010)

(a)

Accessory residential units are permitted in nonresidential districts, subject to the regulations contained in section 27-1913.

(b)

Property owners who propose to redevelop, upgrade or renovate existing property by increasing the intensity ten percent or less of its existing gross floor area shall provide the following:

(1)

Dedicate required easements, including, but not limited to, vehicular and/or pedestrian cross access, sidewalks for abutting public rights-of-way, ultimate rights-of-way, and all utilities, including those for undergrounding;

(2)

Property owners proposing an increase in the percentage of impervious area or making improvements exceeding 50 percent of the value of the property shall improve stormwater quality and quantity to the more stringent of the South Florida Water Management District requirements or the town stormwater level of service standards of the town's current stormwater master plan. The value of the property shall be based on the greater of the county property appraiser's total market value or the value of the property as determined by the total purchase price paid for the property, provided a sale of the property occurred within one year of the date of determination;

(3)

Reduce existing non-conformities on a property.

(c)

Site plan amendment applications proposing the redevelopment of a property which would increase the intensity of development on the site greater than ten percent but not more than 20 percent of gross floor area shall provide the following:

(1)

Dedicate required easements, including, but not limited to, vehicular and/or pedestrian cross access, sidewalks for abutting public rights-of-way, ultimate rights-of-way, and all utilities, including those for undergrounding;

(2)

A civil engineering plan and/or drainage report demonstrating that the site's stormwater quality and quantity will meet the stormwater level of service standards of the town's current stormwater master plan. The town's evaluation of the engineering plan's and/or drainage report's proposed improvements to the stormwater system shall be based on the following criteria:

a.

An evaluation of whether the existing on-site stormwater system meets the more stringent of the South Florida Water Management District requirements or the town stormwater level of service standards of the town's current stormwater master plan.

b.

A determination of whether there are currently any flooding issues or whether the property currently causes flooding problems on adjacent properties.

(3)

The proposed site plan amendment shall:

a.

Reduce and/or eliminate existing non-conformities on a property;

b.

Provide additional landscaping including additional shade, addressing residential buffers, vertical landscaping, green walls, raised planters, window boxes, hanging plants, and vines;

c.

Meet the minimum flood elevation requirements of the Florida Building Code for new construction.

(d)

Reduced development standards are not available for site plan amendments where the property owner proposes to increase the intensity of development on the property by more than 20 percent of existing gross floor area.

(e)

Property owners proposing redevelopment of properties may increase the traffic generated on the property by up to ten percent more than the traffic generated by the previously approved development, provided that the projected total traffic on roadways and intersection delays on town-maintained roads will not exceed 110 percent of the adopted level of service (LOS) standards. In order to qualify for the ten percent traffic concurrency exemption, no more than ten percent of any cumulative increase in intensity and/or density shall occur in a five-year period.

(f)

The redevelopment incentives of reduced development standards, accessory residential units, and ten percent traffic concurrency exemptions on roads shall not be available for site plan amendments located within the Indiantown Road Overlay Zoning District (IOZ), west of Pennock Lane, that have an underlying zoning district designation of Commercial, General District (C-2) and Commercial, Office District (C-3).

(Code 1992, § 24-197; Ord. No. 32-10, § 2, 12-21-2010; Ord. No. 24-13, § 2, 6-4-2013)

(a)

Accessory residential units may be permitted for proposed infill or redevelopment properties in nonresidential districts, subject to the regulations of section 27-1913.

(b)

Applications for infill properties shall only be subject to review by the department of planning and zoning unless the property is located within the U.S. Highway One/Intracoastal Waterway Corridor.

(c)

Infill developments shall meet all the requirements of the Code, unless the property owner proposed a Small-Scale Planned Unit Development District (SSPUD).

(Code 1992, § 24-198; Ord. No. 32-10, § 2, 12-21-2010)