Lake Worth Beach City Zoning Code
ARTICLE 3
- ZONING DISTRICTS
Sec. 23.3-1. - Purpose and intent.
To accomplish the purposes of these LDRs, the city commission shall divide the entire city into districts of such number and shape as may be deemed best suited to carry out the purpose of these LDRs, and within these districts may regulate, determine and establish:
a.
Height, size, bulk, location, erection, construction, repair, reconstruction, alteration and use of buildings and other structures, for trade, profession, residence and other purposes;
b.
Use of land and water for trade, profession, residence and other purposes;
c.
Size of yards, and other open spaces;
d.
Percentage of lot that may be occupied;
e.
Density of population;
f.
Conditions under which various classes of nonconformities may continue, including authority to set fair and reasonable amortization schedules for the elimination of nonconforming uses;
g.
Use and types and size of structures in those areas subject to seasonal or periodic flooding or storm damage so that danger to life and property in such areas will be minimized;
h.
Performance standards for use of property and location of structures thereon;
i.
Form based standards to encourage specific types of architectural form, mass, bulk and orientation.
All such regulations shall be uniform throughout each district, but the regulations in one (1) district may differ from those in other districts. For each district designated for the location of trades, callings, commercial enterprises, residences or buildings designated for specific use, regulations may specify those uses that shall be subjected to reasonable requirements of a special nature.
Sec. 23.3-2. - Official zoning map.
a)
Adoption procedure and policy. The boundaries of the designated zoning districts are set forth and administered in a digital data format within a geographic information system (GIS) under the direction of the development review official (DRO) or designee that together with all explanatory matter and data therein shall constitute the city's official zoning map. The zoning map shall be available for viewing by the public upon the city's webpage. The city clerk or designee may certify, upon validation by the DRO or designee, a paper copy of official zoning map or portions of the map as a true and accurate copy of the official zoning map.
If, in accordance with the provisions of these LDRs and applicable Florida Statutes, changes are made in district boundaries or other matters portrayed on the official zoning map, such changes shall be made to the official zoning map data promptly after the amendment has been approved by the city commission, together with an entry on the official zoning map as follows:
The city clerk shall keep records on file which identify the official action by which zoning map amendments are made, including the adopting ordinance. The DRO or designee shall have the authority to correct errors in the map data if they are discovered. No other changes of any nature shall be made on the official zoning map or matters shown thereon except in conformity with the procedures set forth in these LDRs. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of these LDRs and punishable as provided under section 1-6 of the Lake Worth Code of Ordinances.
b)
Replacement of official zoning map. The data that comprises the official zoning map shall be protected in a manner consistent with city policies and best practices for data protection. In the unlikely event that the official zoning map data becomes damaged or destroyed and is not recoverable, the city commission may by resolution adopt a new official digital zoning map which shall supersede the prior official zoning map.
Unless the prior official zoning map data has been totally destroyed, the prior map or any significant parts thereof remaining, including official copies certified by the city clerk, shall be preserved with all available records pertaining to its adoption or amendment to reconstruct the map data.
(Ord. No. 2020-11, § 6(Exh. E), 8-18-20)
Sec. 23.3-3. - Rules for interpretation of district boundaries.
Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:
a)
Zoning district boundaries, unless otherwise indicated on the zoning map, are the lot lines, the centerlines of streets, street rights-of-way, alleys, railroad rights-of-way, and the corporate limits as they exist as of the effective date of these LDRs.
b)
Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
c)
Boundaries indicated as approximately following city limits shall be construed as following city limits.
d)
In unsubdivided property where a district boundary line is shown, the location of such boundary, unless the same is indicated by dimensions, shall be determined by the use of the scale appearing on the map.
e)
For any public street or alley which is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to the centerline of the property which is abandoned. In the event abandoned property is not divided at the centerline for abutting properties, the zoning districts applicable shall apply to such ownership lines as determined by virtue of abandonment.
f)
For any public property other than streets or alleys, the regulations applicable to the zoning classification that abuts the abandoned property for the greatest number of lineal feet shall apply to the entire property.
g)
All territory which may hereafter be annexed to the city shall be considered to be planned and zoned in the existing county land use plan and county zoning or subdivision regulations until the city adopts a comprehensive plan amendment and zoning map amendment that includes the annexed area. If there is no county zoning applicable, then the most restrictive city zoning restriction shall apply.
h)
Submerged areas not included in districts. All areas within the corporate limits of the city which are under water and are not shown as included within any of the hereinafter designated zoning districts shall be subject to all of the regulations of the conservation district.
i)
Boundaries indicated as following shorelines and bulkheads shall be construed to be following such, and in the event of change, shall be construed to be moving with such change. Boundaries indicated as approximately following the centerline of streams, rivers, canals or other water bodies shall be construed to be following such centerline.
j)
Accreted lands within the city limits shall be subject to all of the regulations of the conservation district unless otherwise zoned by the city commission.
k)
Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by subsections (a) through (j) above, the planning and zoning board or the historic resources preservation board, as applicable, shall interpret the district boundaries.
Sec. 23.3-4. - Inclusionary as to permitted use.
The intent of this chapter is that it be "inclusionary." That is, principal uses, accessory uses, and conditional uses specifically stated for each zoning district shall be the only uses permitted. Any use proposed within any given zoning district which is not a stated use or use type within said district is expressly prohibited. Questions of whether a use is of a type listed shall be interpreted by either the planning and zoning board or the historic resources preservation board, but no use variance shall be approved.
Sec. 23.3-5. - Zoning districts classified.
For the purpose of classifying, regulating and restricting the location of residences, apartments, condominiums, businesses, industry, tourist accommodations and other uses, the City of Lake Worth is hereby divided into the following zoning districts:
Residential districts:
•
SF-R single-family residential (seven (7) du/net acre).
•
SF-TF 14 single-family and two-family residential (fourteen (14) du/net acre).
•
MH-7 mobile home residential (seven (7) du/net acre).
•
MF-20 low-density multi-family residential (twenty (20) du/net acre).
•
MF-30 medium-density multi-family residential (thirty (30) du/net acre).
•
MF-40 high-density multi-family residential (forty (40) du/net acre).
Mixed use districts:
•
MU-E mixed use east (thirty (30) du/net acre).
•
DT downtown (forty (40) du/net acre).
•
Mixed use - Federal Highway (twenty (20) du/net acre).
•
Mixed use - Dixie Highway east and west (twenty (20) du/net acre).
•
MU-W mixed use west (thirty (30) du/net acre).
•
TOD-E transit oriented design east (forty (40) du/net acre).
•
TOD-W transit oriented design west (forty (40) du/net acre).
Commercial districts:
•
NC neighborhood commercial.
•
BAC beach and casino.
Industrial districts:
•
AI artisanal industrial.
•
I-POC industrial park of commerce.
Planned development:
•
Planned development district.
Public districts:
•
P public district.
•
PROS public recreation and open space district.
Conservation district:
•
C conservation.
Overlay districts:
•
DA downtown arts district overlay.
•
FEC Florida east coast corridor district overlay.
•
HD hotel district overlay.
Sec. 23.3-6. - Use tables.
(Ord. No. 2014-02, § 7(Exh. F), 1-7-14; Ord. No. 2014-22, § 11(Exh. J), 9-9-14; Ord. No. 2015-04, § 3(Exh. B), 8-4-15; Ord. No. 2016-13, § 5(Exh. D), 5-17-16; Ord. No. 2016-15, § 3(Exh. B), 5-17-16; Ord. No. 2018-06, § 2(Exh. A), 3-6-18; Ord. No. 2018-10, § 6(Exh. E), 7-17-18; Ord. No. 2020-12, § 3(Exh. B), 8-18-2020; Ord. No. 2020-20, § 4(Exh. C), 2-16-21; Ord. No. 2021-01, § 4(Exh. C), 4-20-21; Ord. No. 2022-20, § 5, 1-3-23; Ord. No. 2024-13, § 4(Exh. C), 11-19-24; Ord. No. 2024-18, § 2(Exh. A), 1-21-25)
Sec. 23.3-7. - SF-R—Single-family residential.
a)
Intent. The "SF-R single-family residential district" is intended primarily to permit development of one (1) single-family structure per lot. Provision is made for a limited number of nonresidential uses for the convenience of residents. These nonresidential uses are compatible by reason of their nature and limited frequency of occurrence with an overall single-family residential character. The "SF-R single-family residential district" implements the "single-family residential" land use category of the Lake Worth Comprehensive Plan.
b)
Use restrictions. Uses permitted by right and as either administrative or conditional uses shall be subject to the applicable provisions of Article 4, Development Standards. Refer to the permitted use table at section 23.3-6 for a list of types of uses and specific uses.
1.
Principal uses permitted by right.
A.
One (1) single-family structure on any platted lot of record.
B.
Essential services.
C.
Community residences for not more than six (6) residents, subject to regulations as set forth in Article 4, Development Standards.
2.
Principal uses permitted as either administrative or conditional uses.
A.
Cemeteries, public and private.
B.
Bed and breakfast inns.
C.
Places of worship.
D.
Light utility facilities.
E.
Public indoor neighborhood recreation and service facilities.
F.
Public outdoor neighborhood recreation.
G.
Schools, elementary.
H.
Schools, intermediate and secondary, offering courses in general and vocational education but not offering courses which involve the regular use of heavy equipment out-of-doors.
3.
Accessory uses permitted by right.
A.
Garages.
B.
Boat docks and boat lifts.
C.
Home occupations.
4.
Accessory uses permitted as either administrative or conditional uses.
A.
Day care centers and nursery school uses accessory to places of worship.
B.
Any use accessory to and customarily incidental to a principal use permitted as either an administrative or conditional use.
c)
Development regulations for uses permitted by right.
1.
Minimum lot dimensions.
A.
Lot area: Five thousand (5,000) square feet or greater.
B.
Lot width: Fifty (50) feet.
2.
Maximum height of buildings.
A.
Principal buildings: Thirty (30) feet in height and not to exceed two (2) stories.
B.
Garages and other accessory buildings: Twenty-four (24) feet not to exceed two (2) stories.
3.
Minimum setbacks.
A.
Minimum front setback: Twenty (20) feet.
B.
Minimum side setback:
(1)
Ten (10) percent of lot width, with a minimum of three (3) feet up to a minimum of ten (10) feet for lots over one hundred (100) feet in width.
(2)
Two-story buildings shall have side set back of five (5) feet minimum.
(3)
Roof overhangs shall not project more than two (2) feet into the setback.
(4)
Accessory structures and pools shall have a side setback of ten (10) percent of lot width, with a minimum setback of three (3) feet up to a minimum of five (5) feet for lots over fifty (50) feet in width.
C.
Minimum rear setback:
(1)
Fifteen (15) feet or ten (10) percent of lot depth, whichever is less.
(2)
Five (5) feet for accessory structures.
4.
Minimum facilities and living area per dwelling unit. Each dwelling unit shall contain at least a living room, kitchen, bedroom and bathroom, and shall have a minimum living area of eight hundred (800) square feet.
5.
Maximum impermeable surface for entire lot. The maximum impermeable surface shall be:
A.
Sixty (60) percent of the lots up to four thousand nine hundred ninety-nine (4,999) square feet;
B.
Fifty-five (55) percent for lots between five thousand (5,000) square feet and seven thousand four hundred ninety-nine (7,499) square feet;
C.
Fifty (50) percent for lots seven thousand five hundred (7,500) square feet and greater; and
D.
Provided however that seventy-five (75) percent of the front yard area shall remain pervious and be landscaped.
6.
Maximum impermeable surface for all structures. The maximum impermeable surface shall be:
A.
Forty (40) percent for lots up to four thousand nine hundred ninety-nine (4,999) square feet;
B.
Thirty-five (35) percent for lots between five thousand (5,000) square feet and seven thousand four hundred ninety-nine (7,499) square feet; and
C.
Thirty (30) percent for lots seven thousand five hundred (7,500) square feet and greater.
Medium and large lots, may qualify for an additional five (5) percent impermeable surface for all structures with the construction of a single family, single story house not to exceed 15'-0" in height and must include the incorporation of additional sustainable features or improvements including but not limited to those listed under section 23.2-33, City of Lake Worth Sustainable Bonus Incentive Program.
7.
Floor area ratio (FAR) limitations. Maximum FAR is 0.60. The FAR shall be:
A.
0.55 for lots up to four thousand nine hundred ninety-nine (4,999) square feet;
B.
0.50 for lots between five thousand (5,000) square feet and seven thousand four hundred ninety-nine (7,499) square feet;
C.
0.45 for lots seven thousand five hundred (7,500) square feet and greater; and
D.
An additional 0.05 of FAR shall be granted for a LEED certified or Florida Green building.
8.
Accessory structures. All accessory structures shall not exceed forty (40) percent of the gross floor area of the principal structure or one thousand (1,000) square feet whichever is less, excluding approved prefabricated metal storage buildings totaling no more than one hundred forty-four (144) square feet.
9.
Location of accessory buildings, pools, etc. Accessory buildings, pools and similar structures shall be allowed within the rear or side yards of a double front or corner lot between the main structure and a public street, provided that minimum setbacks are maintained.
A.
Pools in the rear yard of a property with dual frontage shall have a minimum setback of ten (10) feet from the secondary front (rear) property line and shall be screened with fencing and/or landscape screening, subject to the regulations in LDR sections 23.4-4 and 23.6-1.
d)
Special setbacks and restrictions for uses permitted by right.
1.
The following special setbacks and restrictions are hereby established in these several areas in the SF-R district:
A.
South Lakeside Drive. Setback from the street on the east side of South Lakeside Drive from 13th Avenue South, more specifically described as Lot 1, Block 60, Addition No. 1, to 5th Avenue South, further described as Lot 10, Block 5, Addition No. 1, shall not be less than fifty (50) feet from such street and the front of such lots and residences shall be on South Lakeside Drive.
B.
South Palmway. All residences constructed or erected on lots or moved onto lots fronting on both South Palmway and South Lakeside Drive shall have dual fronts with a minimum front setback of twenty (20) feet from both South Palmway and South Lakeside Drive, except that the actual front of such residences shall be on South Palmway, and all garages shall be an integral part of the residence.
C.
Crestwood and College Park. The side street setback on all lots, regardless of width of lot, shall be a minimum of ten (10) feet. No building or structure shall be built on less street frontage than fifty (50) feet, excepting those corners where two (2) lots were originally platted with an average width of forty (40) feet or more. On such lots the minimum side yard setback shall be five (5) feet and the minimum side street setback shall be ten (10) feet.
D.
Worthmore Park. No building or structure shall be built on less street frontage than fifty (50) feet, excepting those corners where two (2) lots were originally platted with an average width of forty (40) feet or more.
E.
Blocks E, I, J, and K, North Lake Worth. All residences erected in these blocks shall have dual fronts with a minimum front setback of twenty (20) feet from both North Palmway and North Lakeside Drive, except that the actual front of such residences shall be on North Lakeside Drive, and all garages shall be an integral part of the residence.
F.
Lots 1 through 8, Blocks 422, 420, 418, 294 and 360, Townsite. All residences erected on these lots shall face North Lakeside Drive and have a minimum rear setback of twenty (20) feet from Golfview Lane. All garages shall be an integral part of the residence.
G.
Lots 9 through 16, Blocks 422, 420, 418, 294 and 360 Townsite. All residences erected on these lots shall have a minimum front setback of twenty-five (25) feet from the east property line, and a minimum rear setback of twenty (20) feet from the property line of Golfview Lane. All residences shall have dual fronts with the primary front facing east. All garages shall be an integral part of the residence.
e)
Development regulations for uses permitted by either administrative or conditional use. The development regulations for uses permitted by either administrative or conditional use shall be pursuant to sections 23.2-28, 23.2-29 and Article 4, Development Standards.
(Ord. No. 2015-12, § 3(Exh. B), 10-6-15; Ord. No. 2018-10, § 7(Exh. F), 7-17-18; Ord. No. 2023-06, § 5(Exh. D), 8-15-23; Ord. No. 2024-06, § 4(Exh. C), 5-21-24; Ord. No. 2024-13, § 5(Exh. D), 11-19-24)
Sec. 23.3-8. - SF-TF 14—Single-family and two-family residential.
a)
Intent. The "SF-TF 14 single-family and two-family residential district" is intended primarily to permit development of one (1) single-family structure, a single-family primary structure and an accessory dwelling unit, or one (1) two-family structure per lot. Single-family structures are those which provide a dwelling unit for one (1) family or household; an accessory dwelling unit shall not exceed the maximum height or unit size of the primary structure. Two-family structures are those which provide two (2) principal dwelling units, each for occupancy by one (1) family or household. Provision is made for a limited number of nonresidential uses for the convenience of residents. These nonresidential uses are compatible by reason of their nature and limited frequency of occurrence with an overall single-family character. The "SF-TF 14 single-family and two-family residential district" implements the "medium-density multiple-family residential" land use category of the Lake Worth Comprehensive Plan.
b)
Use restrictions. Uses permitted by right and as either administrative or conditional uses shall be subject to the applicable provisions of Article 4, Development Standards. Refer to the permitted use table at section 23.3-6 for a complete list of uses.
1.
Principal uses permitted by right.
A.
One (1) single-family structure on any platted lot of record.
B.
One (1) single-family structure and a separate accessory dwelling unit on a platted lot of record, pursuant to section 23.4-1.
C.
One (1) two-family structure on any platted lot of record which meets the minimum lot area requirements of this section.
D.
Essential services.
E.
Community residences of not more than six (6) residents, subject to regulations set forth in Article 4, Development Standards.
2.
Principal uses permitted as either an administrative or conditional use.
A.
Cemeteries, public and private.
B.
Bed and breakfast inns.
C.
Places of worship.
D.
Light utility facilities.
E.
Public indoor neighborhood recreation and service facilities.
F.
Public outdoor neighborhood recreation facilities.
G.
Schools, elementary.
H.
Schools, intermediate and secondary, offering courses in general and vocational education but not offering courses which involve the regular use of heavy equipment out-of-doors.
I.
Transitional parking facilities.
3.
Accessory uses permitted by right.
A.
Home occupations.
B.
Any use accessory to and customarily incidental to a principal use permitted by right.
C.
Accessory dwelling units to a single-family structure where the total habitable square footage does not exceed the habitable square footage of the principal residential use. Property owner must occupy either the primary or accessory dwelling.
4.
Accessory uses permitted as either administrative or conditional uses.
A.
Day care centers and nursery school uses accessory to places of worship.
B.
Any use accessory to and customarily incidental to a principal use permitted as either an administrative or conditional use.
c)
Development regulations for uses permitted by right.
1.
Minimum lot dimensions.
A.
Lot area: Single-family or two-family structure: Five thousand (5,000) square feet.
B.
Lot width: Fifty (50) feet, except as provided for platted twenty-five-foot lots in Article 4, Development Standards.
2.
Maximum height of buildings.
A.
Principal buildings: Thirty (30) feet in height and not to exceed two (2) stories.
B.
Garages and other accessory buildings: Twenty-four (24) feet not to exceed two (2) stories.
3.
Minimum setbacks.
A.
Minimum front setback: Twenty (20) feet.
B.
Minimum side setback:
(1)
Ten (10) percent of lot width, with a minimum of three (3) feet and a minimum of ten (10) feet for lots over one hundred (100) feet in width.
(2)
Two-story buildings shall have side set back of five (5) feet minimum.
(3)
Roof overhangs shall not project more than two (2) feet into the setback.
(4)
Accessory structures and pools shall have a side setback of ten (10) percent of lot width, with a minimum setback of three (3) feet up to a minimum of five (5) feet for lots over fifty (50) feet in width. Secondary (accessory) dwelling units shall comply with the more restrictive of the requirements in section 23.4-1 or the zoning district.
C.
Minimum rear setback:
(1)
Fifteen (15) feet or ten (10) percent of lot depth, whichever is less.
(2)
Five (5) feet for accessory structures.
4.
Minimum facilities and living area per residential unit.
A.
The first dwelling unit on each lot shall contain at least a living room, kitchen, bedroom and bathroom, and shall have a minimum living area of eight hundred (800) square feet.
B.
The second dwelling unit on each lot shall contain at least a living room, kitchen, bedroom and bathroom, and shall have a minimum living area of four hundred (400) square feet.
C.
A secondary (accessory) dwelling unit shall comply with the development standards in section 23.4-1.
5.
Maximum impermeable surface for entire lot.
A.
Sixty (60) percent of the lots up to four thousand nine hundred ninety-nine (4,999) square feet;
B.
Fifty-five (55) percent for lots between five thousand (5,000) square feet and seven thousand four hundred ninety-nine (7,499) square feet;
C.
Fifty (50) percent for lots seven thousand five hundred (7,500) square feet and greater; and
D.
Provided however that seventy-five (75) percent of the front yard area shall remain pervious and be landscaped.
6.
Maximum impermeable surface for all structures.
A.
Forty (40) percent for lots up to four thousand nine hundred ninety-nine (4,999) square feet;
B.
Thirty-five (35) percent for lots between five thousand (5,000) square feet and seven thousand four hundred ninety-nine (7,499) square feet; and
C.
Thirty (30) percent for lots seven thousand five hundred (7,500) square feet and greater.
7.
Floor area ratio (FAR) limitations. Maximum FAR is 0.60. The FAR shall be:
A.
0.55 for lots up to four thousand nine hundred ninety-nine (4,999) square feet;
B.
0.50 for lots between five thousand (5,000) square feet and seven thousand four hundred ninety-nine (7,499) square feet;
C.
0.45 for lots seven thousand five hundred (7,500) square feet and greater; and
D.
An additional 0.05 of FAR shall be granted for a LEED certified or Florida Green building.
8.
Accessory structures. All accessory structures shall not exceed forty (40) percent of the gross floor area of the principal structure or one thousand (1,000) square feet whichever is less, excluding approved prefabricated metal storage buildings totaling no more than one hundred forty-four (144) square feet. If a property has both accessory structure/s and a secondary (accessory) dwelling unit, then the total area requirements in section 23.4-1 shall apply.
9.
Location of accessory buildings, pools, etc. Accessory buildings, pools and similar structures shall be allowed within the rear and side yards of a double front or corner lot between the main structure and a public street, provided that minimum setbacks are maintained.
d)
Development regulations for uses permitted by administrative or conditional use. The development regulations for uses permitted by conditional use shall be pursuant to sections 23.2-28, 23.2-29 and Article 4, Development Standards.
(Ord. No. 2018-10, § 7(Exh. F), 7-17-18; Ord. No. 2023-06, § 6(Exh. E), 8-15-23; Ord. No. 2024-06, § 5(Exh. D), 5-21-24; Ord. No. 2024-13, § 6(Exh. E), 11-19-24)
Sec. 23.3-9. - MH-7—Mobile home residential.
a)
Intent. The "mobile home residential district, 7 du/net acre" is intended to permit development of mobile home parks. Mobile home parks accommodate mobile home single-family dwelling units, not travel trailers, motor homes or similar recreational vehicles. Because the "mobile home residential district" covers limited land areas, it does not permit nonresidential uses, except those exclusively serving the mobile home park in which they are located. The "mobile home residential district" implements the "single-family residential" category of the Lake Worth Comprehensive Plan.
b)
Use restrictions. Refer to the permitted use table at section 23.3-6 for a complete list of uses.
1.
Principal uses permitted by right.
A.
Mobile home parks containing single-family mobile home dwelling units.
B.
Essential services.
2.
Principal uses permitted as either administrative or conditional uses. No uses are permitted as principal conditional uses in the MH-7 district.
3.
Accessory uses permitted by right.
A.
Private indoor recreation and service facilities.
B.
Private outdoor recreation facilities.
4.
Accessory uses permitted as either administrative or conditional uses. No accessory uses are permitted as administrative or conditional uses in the MH-7 district.
c)
Development regulations for uses permitted by right.
1.
Platting required. All mobile home parks shall be individually platted and recorded.
2.
Maximum density and minimum home park and mobile home lot dimensions.
A.
Maximum density: Seven (7) dwelling units per net acre.
B.
Minimum mobile home park dimensions:
(1)
Minimum park area: Ten (10) acres.
(2)
Minimum park width: Three hundred fifty (350) feet.
C.
Minimum mobile home lot dimensions:
(1)
Minimum lot area: Five thousand (5,000) square feet.
(2)
Minimum lot width: Fifty (50) feet.
3.
Maximum height of buildings.
A.
Mobile homes and buildings accessory to individual mobile homes: Fifteen (15) feet.
B.
Other buildings: Thirty (30) feet not to exceed two (2) stories.
4.
Minimum setbacks and separations.
A.
Minimum setback of mobile homes or accessory buildings from mobile home park boundary lines, public rights-of-way and internal circulation routes: Twenty (20) feet.
B.
Minimum setback of private indoor and outdoor recreation and service facility structures from mobile home park boundary lines, public rights-of-way and internal circulation routes: Twenty (20) feet.
C.
Minimum separation between one (1) individual mobile home together with its accessory buildings and another individual mobile home together with its accessory buildings: Twenty (20) feet.
D.
Minimum separation between one (1) individual mobile home together with its accessory buildings and private indoor and outdoor recreation and service facility structures: Twenty (20) feet.
E.
All mobile home parks created prior to August 1, 1987, shall be subject to the following setback regulations:
(1)
Minimum setback of mobile homes or accessory buildings from mobile home park boundary lines and public rights-of-way shall be ten (10) feet, excluding the tongue. Minimum setback of mobile homes or accessory buildings from internal circulation routes shall be ten (10) feet from the centerline, including the tongue. However, in no instances may the mobile home protrude onto the internal circulation routes.
(2)
Minimum setback of private indoor and outdoor recreation and service facility structures from mobile home park boundary lines, public rights-of-way and internal circulation routes: Ten (10) feet.
(3)
Minimum separation between any portion of a mobile home or its accessory buildings, excluding the tongue, shall be no closer than ten (10) feet side to side, eight (8) feet end or side, or six (6) feet end to end horizontally from any other mobile home or accessory buildings.
(4)
Minimum separation between one (1) individual mobile home together with its accessory buildings and private indoor and outdoor recreation and service facility structures: Ten (10) feet.
d)
Minimum recreation area. A minimum of five (5) percent of the total land area of each mobile home park shall be reserved for outdoor open space and recreation use. No required setback or buffer area shall be counted toward meeting this requirement.
e)
Streets, sidewalks and driveways. All street, sidewalk and driveway construction within a mobile home park (whether new or as an extension to an existing park) shall conform with the requirements of the City of Lake Worth Code of Ordinances for construction, sections 19-24 through 19-32, except for section 19-25 which shall not be applicable. The minimum width for streets shall be twenty-four (24) feet. Sidewalks are not required.
f)
Required utilities. All construction of sanitary sewer collection facilities and water supply and distribution systems shall conform to the requirements of the City of Lake Worth Plumbing Code, Lake Worth Utilities construction standards, and the Florida State Board of Health Sanitary Code. The water supply system serving the mobile home park shall also conform to the City of Lake Worth requirements for fire protection. All electric distribution and service shall conform to the City of Lake Worth Electrical Code.
g)
Mobile homes restricted to mobile home parks. It shall be unlawful for any person to place, maintain or use for living quarters any mobile home or travel trailer on any lot or parcel of land within the City of Lake Worth except in the areas zoned for such use. It shall be unlawful to park or place any mobile home upon any public right-of-way within the City of Lake Worth. The penalty for violation of this section shall be as provided in section 1-6 of the Code of Ordinances.
Sec. 23.3-10. - MF-20—Multi-family and two-family residential.
a)
Intent. The "MF-20 low-density multiple-family residential district" is intended to permit development of multiple-family structures. It is also intended to permit development of one-family and two-family structures. Provision is made for a variety of dwelling unit types in multiple-family structures on lots which meet minimum lot size requirements for multiple-family structures. Permitted dwelling unit types include efficiency, one-bedroom, two-bedroom and larger types. Provision is also made for a limited number of nonresidential uses for the convenience of residents. These nonresidential uses are compatible by reason of their nature and limited frequency of occurrence with an overall residential character. The "MF-20 multiple-family residential district" implements the "medium-density multiple-family residential" land use category of the Lake Worth Comprehensive Plan.
b)
Use restrictions. Uses permitted by right and as conditional uses shall be subject to the applicable provisions of Article 4, Development Standards. Refer to the permitted use table at section 23.3-6 for a complete list of uses.
1.
Principal uses permitted by right.
A.
Multiple-family structures, which contain three (3) or more principal dwelling units, each for occupancy by one (1) family or household provided the structure is located on a platted lot, which meets the minimum lot size requirements of this section.
B.
One (1) two-family structure, provided the structure is on a platted lot of record which meets the minimum lot size requirements of section 23.3-8.
C.
One (1) single-family structure provided the structure is on a platted lot of record which meets the minimum lot size requirements of section 23.3-8.
D.
One (1) single-family structure and a separate accessory dwelling unit on a platted lot of record, pursuant to section 23.4-1.
E.
Essential services.
F.
Community residences of not more than six (6) residents, subject to regulations set forth in Article 4, Development Standards.
2.
Principal uses permitted as either administrative or conditional uses.
A.
Bed and breakfast inns.
B.
Cemeteries, public and private.
C.
Places of worship.
D.
Day care centers.
E.
Nursing homes and community residences of more than seven (7) individuals, subject to the regulations set forth in Article 4, Development Standards.
F.
Light utility facilities.
G.
Public indoor neighborhood recreation and service facilities.
H.
Public outdoor neighborhood recreation facilities.
I.
Schools, elementary.
J.
Schools, intermediate and secondary offering courses in general and vocational education but not offering courses which involve the regular use of heavy equipment out-of-doors.
K.
Transitional parking facilities.
L.
Townhouse, subject to the regulations and standards as set forth in Article 4, Development Standards.
3.
Accessory uses permitted by right.
A.
Home occupations.
B.
Any use accessory to and customarily incidental to a principal use permitted by right.
C.
Accessory dwelling units to a single-family or two-family dwelling unit where the total habitable square footage does not exceed fifty (50) percent of the principal residential use. Property owner must occupy either the primary or accessory dwelling.
4.
Accessory uses permitted as either administrative or conditional uses.
A.
Day care centers and nursery school uses accessory to places of worship.
B.
Any use accessory to and customarily incidental to a principal use permitted as either an administrative or conditional use.
c)
Development regulations for uses permitted by right.
1.
Maximum density and minimum lot dimensions.
A.
Minimum lot area: Five thousand (5,000) square feet and fifty (50) feet of width.
B.
Maximum density of twenty (20) units per gross acre.
2.
Maximum height of buildings.
A.
Principal buildings: Thirty (30) feet in height and not to exceed two (2) stories.
B.
Five (5) feet of additional height allowed with Sustainable Bonus Incentive Program.
C.
Garages and other accessory buildings: twenty-four (24) feet not to exceed two (2) stories.
3.
Minimum setbacks.
A.
Minimum front setback: Twenty (20) feet.
B.
Minimum side setback:
(1)
Ten (10) percent of lot width, with a minimum of three (3) feet and a minimum of ten (10) feet for lots over one hundred (100) feet in width.
(2)
Two-story buildings shall have a side set back of five (5) feet minimum.
(3)
Roof overhangs shall not project more than two (2) feet into the setback.
(4)
Accessory structures and pools shall have a side setback of 10% of lot width, with a minimum setback of three (3) feet up to a minimum of five (5) feet for lots over fifty (50) feet in width. Secondary (accessory) dwelling units shall comply with the more restrictive of the requirements in section 23.4-1 or the zoning district.
C.
Minimum rear setback:
(1)
Fifteen (15) feet or ten (10) percent of lot depth, whichever is less.
(2)
Five (5) feet for accessory structures.
4.
Minimum facilities and living area per dwelling unit.
A.
Single-family and two-family structures:
(1)
The first dwelling unit on each lot in case of duplex construction shall contain at least a living room, kitchen, bedroom and bathroom, and shall have a minimum living area of eight hundred (800) square feet.
(2)
The second dwelling unit on each lot in the case of duplex construction shall contain at least a living room, kitchen, bedroom and bathroom, and shall have a minimum living area of four hundred (400) square feet.
(3)
A secondary (accessory) dwelling unit shall comply with the development standards in section 23.4-1.
B.
Multiple-family structures:
(1)
Efficiency units: Four hundred (400) square feet.
(2)
One-bedroom units: Six hundred (600) square feet.
(3)
Two-bedroom units: Seven hundred fifty (750) square feet.
(4)
Three-bedroom units: Nine hundred (900) square feet.
(5)
Four-bedroom units: One thousand three hundred fifty (1,350) square feet.
5.
Maximum impermeable surface for entire lot. The maximum impermeable surface shall be:
A.
Sixty-five (65) percent of the lots up to four thousand nine hundred ninety-nine (4,999) square feet;
B.
Sixty (60) percent for lots between five thousand (5,000) square feet and seven thousand four hundred ninety-nine (7,499) square feet;
C.
Fifty-five (55) percent for lots seven thousand five hundred (7,500) square feet and greater; and
D.
Provided however that seventy-five (75) percent of the front yard area shall remain pervious and be landscaped.
6.
Maximum impermeable surface for all structures. The maximum impermeable surface shall be:
A.
Forty-five (45) percent for lots up to four thousand nine hundred ninety-nine (4,999) square feet;
B.
Forty (40) percent for lots between five thousand (5,000) square feet and seven thousand four hundred ninety-nine (7,499) square feet; and
C.
Thirty-five (35) percent for lots seven thousand five hundred (7,500) square feet and greater.
7.
Floor area ratio (FAR) limitations. Maximum FAR is 1.10. The FAR shall be:
A.
0.60 for lots up to four thousand nine hundred ninety-nine (4,999) square feet;
B.
0.55 for lots between five thousand (5,000) square feet and seven thousand four hundred ninety-nine (7,499) square feet;
C.
0.50 for lots seven thousand five hundred (7,500) square feet and greater; and
D.
An additional 0.50 of FAR shall be granted under the Sustainable Bonus Incentive Program.
8.
Accessory structures. All accessory structures shall not exceed forty (40) percent of the gross floor area of the principal structure or one thousand (1,000) square feet whichever is less, excluding approved prefabricated metal storage buildings totaling no more than one hundred forty-four (144) square feet. If a property has both accessory structure(s) and a secondary (accessory) dwelling unit, then the total area requirements in section 23.4-1 shall apply.
9.
Location of accessory buildings, pools, etc. Accessory buildings, pools and similar structures shall be allowed within the rear or side yards of a double front or corner lot between the main structure and a public street, provided that minimum setbacks are maintained.
d)
Locational and development regulations for uses permitted as either administrative or conditional uses. Uses permitted as conditional uses shall be regulated pursuant to the requirements of sections 23.2-28 and 23.2-29Article 4, Development Standards.
(Ord. No. 2018-10, § 7(Exh. F), 7-17-18; Ord. No. 2023-06, § 7(Exh. F), 8-15-23; Ord. No. 2024-06, § 6(Exh. E), 5-21-24; Ord. No. 2024-13, § 7(Exh. F), 11-19-24)
Sec. 23.3-11. - MF-30—Medium density multi-family residential.
a)
Intent. The "MF-30 medium-density multiple-family residential district" is intended to permit development of multiple-family structures. It is also intended to permit development of one-family and two-family structures. Provision is made for a variety of dwelling unit types in multiple-family structures on lots which meet minimum lot size requirements for multiple-family structures. Permitted dwelling unit types could include efficiency, one-bedroom, two-bedroom and larger types. Provision is also made for a limited number of nonresidential uses for the convenience of residents. These nonresidential uses are compatible by reason of their nature and limited frequency of occurrence with an overall residential character. The "MF-30 medium-density multiple-family residential district" implements the "high-density multiple-family residential" land use category of the Lake Worth Comprehensive Plan.
b)
Use restrictions. Uses permitted by right and as conditional uses shall be subject to the applicable provisions of Article 4, Development Standards. Refer to the permitted use table at section 23.3-6 for a complete list of uses.
1.
Principal uses permitted by right.
A.
Multiple-family structures at a density greater than twenty (20) dwelling units per acre, but not greater than thirty (30) dwelling units per acre provided the structures are located on a platted lot which meets the maximum density and minimum lot size requirements of section 23.3-11.
B.
Multiple-family structures at a density not greater than twenty (20) dwelling units per acre, provided the structures are located on a platted lot of record which meets the maximum density and minimum lot size requirements of section 23.3-10.
C.
Essential services.
D.
Community residences of not more than six (6) residents, subject to regulations set forth in Article 4, Development Standards.
E.
One (1) two-family structure, provided the structure is on a platted lot of record which meets the minimum lot size requirements of section 23.3-8.
F.
One (1) single-family structure provided the structure is on a platted lot of record which meets the minimum lot size requirements of section 23.3-8.
G.
One (1) single-family structure and a separate accessory dwelling unit on a platted lot of record, pursuant to section 23.4-1.
2.
Principal uses permitted as either administrative or conditional uses.
A.
Bed and breakfast inns.
B.
Cemeteries, public and private.
C.
Places of worship.
D.
Day care centers.
E.
Light utility facilities.
F.
Public indoor neighborhood recreation and service facilities.
G.
Public outdoor neighborhood recreation facilities.
H.
Schools, elementary.
I.
Schools, intermediate and secondary offering courses in general and vocational education but not offering courses which involve the regular use of heavy equipment out-of-doors.
J.
Transitional parking facilities.
K.
Nursing homes and community residences of more than seven (7) individuals, subject to the regulations set forth in Article 4, Development Standards.
L.
Townhouse, subject to the regulations and standards as set forth in Article 4, Development Standards.
3.
Accessory uses permitted by right.
A.
Home occupations.
B.
Any use accessory to and customarily incidental to a principal use permitted by right.
4.
Accessory uses permitted as either administrative or conditional uses.
A.
Day care centers and nursery school uses accessory to places of worship.
B.
Any use accessory to and customarily incidental to a principal use permitted as a conditional use.
c)
Development regulations for uses permitted by right.
1.
Maximum density and minimum lot dimensions.
A.
Maximum density for multiple-family structures on lots which have at least five thousand (5,000) square feet of area and fifty (50) feet of width: One (1) dwelling unit per each one thousand four hundred fifty (1,450) square feet of gross lot area.
B.
Minimum lot area for multiple-family structures at a density greater than twenty (20) dwelling units per acre: Five thousand (5,000) square feet.
C.
Minimum lot width for multiple-family structures at a density greater than twenty (20) dwelling units per acre: Fifty (50) feet, except as provided for in Article 4, Development Standards.
2.
Maximum height of buildings.
A.
Principal buildings: Thirty (30) feet not to exceed two (2) stories.
B.
Five (5) feet of additional height and one (1) story allowed under the Sustainable Bonus Incentive Program not to exceed three (3) stories.
C.
Garages and other accessory buildings: Twenty-four (24) feet not to exceed two (2) stories.
3.
Minimum setbacks.
A.
Minimum front setback: Twenty (20) feet.
B.
Minimum side setback:
(1)
Ten (10) percent of lot width, with a minimum of three (3) feet and a minimum of ten (10) feet for lots over one hundred (100) feet in width.
(2)
Two-story buildings shall have a side set back of five (5) feet.
(3)
Roof overhangs shall not project more than two (2) feet into the setback.
(4)
Minimum street side setback: Ten (10) feet up to a maximum of twenty-two (22) feet.
(5)
Accessory structures and pools shall have a side setback of ten (10) percent of lot width, with a minimum setback of three (3) feet up to a minimum of five (5) feet for lots over fifty (50) feet in width. Secondary (accessory) dwelling units shall comply with the more restrictive of the requirements in section 23.4-1 or the zoning district.
C.
Minimum rear setback:
(1)
Fifteen (15) feet or ten (10) percent of lot depth.
(2)
Five (5) feet for accessory structures.
4.
Minimum facilities and living area per dwelling unit.
A.
Single-family and two-family structures:
(1)
The first dwelling unit on each lot in the case of duplex construction shall contain at least a living room, kitchen, bedroom and bathroom, and shall have a minimum living area of eight hundred (800) square feet.
(2)
The second dwelling unit on each lot in the case of duplex construction shall contain at least a living room, kitchen, bedroom and bathroom, and shall have a minimum living area of four hundred (400) square feet.
(3)
A secondary (accessory) dwelling unit shall comply with the development standards in section 23.4-1.
B.
Multiple-family structures:
(1)
Efficiency units: Four hundred (400) square feet.
(2)
One-bedroom units: Six hundred (600) square feet.
(3)
Two-bedroom units: Seven hundred fifty (750) square feet.
(4)
Three-bedroom units: Nine hundred (900) square feet.
(5)
Four-bedroom units: One thousand three hundred fifty (1,350) square feet.
5.
Maximum impermeable surface for entire lot. The maximum impermeable surface shall be:
A.
Sixty-five (65) percent of the lots up to four thousand nine hundred ninety-nine (4,999) square feet;
B.
Sixty (60) percent for lots between five thousand (5,000) square feet and seven thousand four hundred ninety-nine (7,499) square feet;
C.
Fifty-five (55) percent for lots seven thousand five hundred (7,500) square feet and greater; and
D.
Provided however that seventy-five (75) percent of the front yard area shall remain pervious and be landscaped.
6.
Maximum impermeable surface for all structures. The maximum impermeable surface shall be:
A.
Forty-five (45) percent for lots up to four thousand nine hundred ninety-nine (4,999) square feet;
B.
Forty (40) percent for lots between five thousand (5,000) square feet and seven thousand four hundred ninety-nine (7,499) square feet; and
C.
Thirty-five (35) percent for lots seven thousand five hundred (7,500) square feet and greater.
7.
Floor area ratio (FAR) limitations. Maximum FAR is 1.30. The FAR shall be:
A.
0.80 for lots up to four thousand nine hundred ninety-nine (4,999) square feet;
B.
0.75 for lots between five thousand (5,000) square feet and seven thousand four hundred ninety-nine (7,499) square feet;
C.
0.70 for lots seven thousand five hundred (7,500) square feet and greater; and
D.
An additional 0.50 of FAR shall be granted under the Sustainable Bonus Incentive Program.
8.
Accessory structures. All accessory structures shall not exceed forty (40) percent of the gross floor area of the principal structure or one thousand (1,000) square feet whichever is less, excluding approved prefabricated metal storage buildings totaling no more than one hundred forty-four (144) square feet. If a property has both accessory structure/s and a secondary (accessory) dwelling unit, then the total area requirements in section 23.4-1 shall apply.
9.
Location of accessory buildings, pools, etc. Accessory buildings, pools and similar structures shall be allowed within the rear or side yards of a double front or corner lot between the main structure and a public street, provided that minimum setbacks are maintained.
d)
Locational and development regulations for uses permitted as either administrative or conditional uses. Uses permitted as conditional uses shall be regulated pursuant to the requirements of sections 23.2-28 and 23.2-29Article 4, Development Standards.
(Ord. No. 2018-10, § 7(Exh. F), 7-17-18; Ord. No. 2023-06, § 8(Exh. G), 8-15-23; Ord. No. 2024-06, § 7(Exh. F), 5-21-24; Ord. No. 2024-13, § 8(Exh. G), 11-19-24)
Sec. 23.3-12. - MF-40—High density multi-family residential.
a)
Intent. The "MF-40 high-density multiple-family residential district" is intended to permit development of multiple-family structures. It is also intended to permit development of one-family and two-family structures. Provision is made for a variety of dwelling unit types in multiple-family structures on lots which meet minimum lot size requirements for multiple-family structures. Permitted dwelling unit types could include efficiency, one-bedroom, two-bedroom and larger types. Provision is also made for a limited number of nonresidential uses for the convenience of residents. These nonresidential uses are compatible by reason of their nature and limited frequency of occurrence with an overall residential character. The "MF-40 high-density multiple-family residential district" implements the "high-density multiple-family residential" land use category of the Lake Worth Comprehensive Plan.
b)
Use restrictions. Uses permitted by right and as conditional uses shall be subject to the applicable provisions of Article 4, Development Standards. Refer to the permitted use table at section 23.3-6 for a complete list of uses.
1.
Principal uses permitted by right.
A.
Multiple-family structures at a density greater than thirty (30) dwelling units per acre, but not greater than forty (40) dwelling units per acre provided said structures are located on a platted lot of record which meets the maximum density and minimum lot size requirements of this section.
B.
Multiple-family structures at a density greater than twenty (20) dwelling units per acre, but not greater than thirty (30) dwelling units per acre, provided the structures are located on a platted lot of record which meets the maximum density and minimum lot size requirements of section 23.3-11.
C.
Multiple-family structures at a density not greater than twenty (20) dwelling units per acre, provided said structures are located on a platted lot of record which meets the maximum density and minimum lot size requirements of section 23.3-10.
D.
One (1) two-family structure, provided the structure is on a platted lot of record which meets the minimum lot size requirements of section 23.3-8.
E.
One (1) single-family structure provided the structure is on a platted lot of record which meets the minimum lot size requirements of section 23.3-8.
F.
One (1) single-family structure and a separate accessory dwelling unit on a platted lot of record, pursuant to section 23.4-1.
G.
Essential services.
H.
Community residences of not more than six (6) residents, subject to regulations set forth in Article 4, Development Standards.
2.
Principal uses permitted as either administrative or conditional uses.
A.
Bed and breakfast inns.
B.
Cemeteries, public and private.
C.
Places of worship.
D.
Day care centers.
E.
Light utility facilities.
F.
Public indoor neighborhood recreation and service facilities.
G.
Public outdoor neighborhood recreation facilities.
H.
Schools, elementary.
I.
Schools, intermediate and secondary, offering courses in general and vocational education but not offering courses which involve the regular use of heavy equipment out-of-doors.
J.
Transitional parking facilities.
K.
Nursing homes and community residences for seven (7) or more individuals, subject to the regulations set forth in Article 4, Development Standards.
L.
Townhouse, subject to the regulations and standards as set forth in Article 4, Development Standards.
3.
Accessory uses permitted by right.
A.
Home occupations.
B.
Any use accessory to and customarily incidental to a principal use permitted by right.
4.
Accessory uses permitted as either administrative or conditional uses.
A.
Day care centers and nursery school uses accessory to places of worship.
B.
Restaurants accessory to hotels.
C.
Any use accessory to and customarily incidental to a principal use permitted as either an administrative or conditional use.
c)
Development regulations for uses permitted by right.
1.
Maximum density and minimum lot dimensions.
A.
Maximum density for multiple-family structures on lots which have at least five thousand (5,000) square feet of area and fifty (50) feet of width: One (1) dwelling unit per each one thousand eighty-five (1,085) square feet of net lot area.
B.
Minimum lot area for multiple-family structures at a density greater than thirty (30) dwelling units per acre: Thirteen thousand (13,000) square feet.
C.
Minimum lot width for multiple-family structures at a density greater than thirty (30) dwelling units per acre: One hundred (100) feet.
2.
Maximum height of building.
A.
Principal buildings: Thirty (30) feet in height and not to exceed two (2) stories.
B.
Five (5) feet of additional height and one (1) story allowed under the Sustainable Bonus Incentive Program not to exceed three (3) stories.
C.
Minimum of two (2) stories.
D.
Garages and other accessory buildings: Twenty-four (24) feet not to exceed two (2) stories.
3.
Minimum setbacks.
A.
Minimum front setback: Twenty (20) feet.
B.
Minimum side setback:
(1)
Minimum street side setback: Ten (10) feet up to a maximum of twenty-two (22) feet.
(2)
Minimum interior side setback: Ten (10) percent of lot width, with a minimum of three (3) feet and a minimum of ten (10) feet for lots over one hundred (100) feet in width.
(3)
Two-story buildings shall have a side set back of at least five (5) feet.
(4)
Roof overhangs shall not project more than two (2) feet into the setback.
(5)
Accessory structures and pools shall have a side setback of ten (10) percent of lot width, with a minimum setback of three (3) feet up to a minimum of five (5) feet for lots over fifty (50) feet in width. Secondary (accessory) dwelling units shall comply with the more restrictive of the requirements in section 23.4-1 or the zoning district.
C.
Minimum rear setback:
(1)
Fifteen (15) feet or ten (10) percent of lot depth.
(2)
Five (5) feet for accessory structures.
4.
Minimum living area per dwelling unit.
A.
Single-family and two-family structures:
(1)
The first dwelling unit on each lot in the case of duplex construction shall contain at least a living room, kitchen, bedroom and bathroom, and shall have a minimum living area of eight hundred (800) square feet.
(2)
The second dwelling unit on each lot in the case of duplex construction shall contain at least a living room, kitchen, bedroom and bathroom, and shall have a minimum living area of four hundred (400) square feet.
(3)
A secondary (accessory) dwelling unit shall comply with the development standards in section 23.4-1.
B.
Multiple-family structures:
(1)
Efficiency units: Four hundred (400) square feet.
(2)
One-bedroom units: Six hundred (600) square feet.
(3)
Two-bedroom units: Seven hundred fifty (750) square feet.
(4)
Three-bedroom units: Nine hundred (900) square feet.
(5)
Four-bedroom units: One thousand three hundred fifty (1,350) square feet.
5.
Maximum impermeable surface for entire lot. The maximum impermeable surface shall be:
A.
Sixty-five (65) percent of the lots up to four thousand nine hundred ninety-nine (4,999) square feet;
B.
Sixty (60) percent for lots between five thousand (5,000) square feet and seven thousand four hundred ninety-nine (7,499) square feet;
C.
Fifty-five (55) percent for lots seven thousand five hundred (7,500) square feet and greater; and
D.
Provided however that seventy-five (75) percent of the front yard area shall remain pervious and be landscaped.
6.
Maximum impermeable surface for all structures. The maximum impermeable surface shall be:
A.
Fifty-five (55) percent for lots up to four thousand nine hundred ninety-nine (4,999) square feet;
B.
Fifty (50) percent for lots between five thousand (5,000) square feet and seven thousand four hundred ninety-nine (7,499) square feet; and
C.
Forty-five (45) percent for lots seven thousand five hundred (7,500) square feet and greater.
7.
Floor area ratio (FAR) limitations. Maximum FAR is 1.50. The FAR shall be:
A.
1.00 for lots up to four thousand nine hundred ninety-nine (4,999) square feet;
B.
0.95 for lots between five thousand (5,000) square feet and seven thousand four hundred ninety-nine (7,499) square feet;
C.
0.90 for lots seven thousand five hundred (7,500) square feet and greater; and
D.
An additional 0.50 of FAR shall be granted under the Sustainable Bonus Incentive Program.
8.
Accessory structures. All accessory structures shall not exceed forty (40) percent of the gross floor area of the principal structure or one thousand (1,000) square feet whichever is less, excluding approved prefabricated metal storage buildings totaling no more than one hundred forty-four (144) square feet. If a property has both accessory structure(s) and a secondary (accessory) dwelling unit, then the total area requirements in section 23.4-1 shall apply.
9.
Location of accessory buildings, pools, etc. Accessory buildings, pools and similar structures shall be allowed within the rear or side yards of a double front or corner lot between the main structure and a public street, provided that minimum setbacks are maintained.
d)
Locational and development regulations for uses permitted as either administrative or conditional uses. Uses permitted as conditional uses shall be regulated pursuant to the requirements of sections 23.2-28 and 23.2-29Article 4, Development Standards.
(Ord. No. 2018-10, § 7(Exh. F), 7-17-18; Ord. No. 2023-06, § 9(Exh. H), 8-15-23; Ord. No. 2024-06, § 8(Exh. G), 5-21-24; Ord. No. 2024-13, § 9(Exh. H), 11-19-24)
Sec. 23.3-13. - MU-E—Mixed use east.
a)
Intent. The "MU-E mixed use east district" is geared toward the commercial gateways and thoroughfares that are adjacent to the central commercial core of the city. The intent of MU-E district is to encourage the establishment and expansion of a broad range of office, commercial, hotel/motel and medium-density multiple-family residential development as well as to facilitate redevelopment within these areas that achieves a mix of residential and professional office land uses. It also strives to create a place of common vision and physical predictability for all new construction, renovations, and redevelopment. Certain commercial uses are not permitted along some thoroughfares because they will be detrimental to the adjacent residential neighborhoods. The district implements in part the mixed use land use category of the Lake Worth Comprehensive Plan.
The district has four (4) sub-areas as follows:
(1)
MU-E - Lake and Lucerne Avenues.
(2)
MU-E - First and Second Avenues.
(3)
MU-E - Federal Highway.
(4)
MU-E - Sixth and Tenth Avenues - Gateways.
Provision is made for the establishment of the following nonresidential uses for all areas of the district:
(1)
Low intensity commercial uses.
(2)
Low intensity office uses.
(3)
Low intensity retail uses.
(4)
Low intensity personal service uses.
(5)
Low intensity cultural and artisanal arts.
(6)
Low intensity institutional uses.
(7)
Residential apartments as related uses in structures with office uses as primary uses.
Provision is also made for the establishment of low-density multiple-family residential uses and single-family and two-family residential uses in accordance with the provisions of the "medium-density multiple-family residential district, 30 du/net acre."
b)
Use restrictions and development regulations for residential uses. In mixed use (MU) districts, projects that are all residential are allowed and can follow the height, setback, FAR and building lot coverage of the mixed use district versus the multi-family district. Multiple-family, two-family and single-family residential uses may be established subject to the provisions of section 23.3-11. Townhouses are permitted as conditional uses subject to the regulations and standards as set forth in Article 4, Development Standards. Single-family residences existing as of August 16, 2013 are permitted uses as of right, and may be expanded provided that they do not increase existing nonconformities in regard to the applicable development regulations of section 23.3-11(c).
c)
Use restrictions for nonresidential uses. Uses permitted by right and uses permitted as conditional uses shall be subject to applicable provisions of Article 4, Development Standards. Refer to the permitted use table at section 23.3-6 for a complete list of uses.
1.
Principal nonresidential uses permitted by right in all subareas of district.
A.
Commercial - low intensity.
B.
Office - low intensity.
C.
Retail - low intensity.
D.
Personal services - low intensity.
E.
Cultural and artisanal arts - low intensity.
F.
Institutional - low intensity.
G.
Community residences, up to six (6) residents, subject to regulations as set forth in Article 4, Development Standards.
H.
Essential services.
2.
Principal uses permitted as either administrative or conditional uses in all subareas of district.
A.
Commercial - medium intensity.
B.
Office - medium intensity.
C.
Retail - medium intensity.
D.
Personal services - medium intensity.
E.
Cultural and artisanal arts - medium intensity.
F.
Institutional - medium intensity.
G.
Community residences, up to fourteen (14) residents, subject to the regulations as set forth in Article 4, Development Standards.
H.
Bed and breakfast inns.
I.
Cemeteries, public and private.
J.
Places of worship.
K.
Day care centers.
L.
Hotels and motels; subject to the following requirement:
Each guest room and bath unit shall have a minimum area of two hundred fifty (250) square feet measured from the interior face of the exterior walls and from the interior face of the demising walls of the unit.
M.
Light utility facilities.
N.
Public indoor neighborhood recreation and service.
O.
Public outdoor neighborhood recreation.
P.
Schools, elementary.
Q.
Schools, intermediate and secondary, offering courses in general and vocational education but not offering courses which involve the regular use of heavy equipment out-of-doors.
R.
Transitional parking facilities.
3.
Accessory uses permitted by right.
A.
Home occupations.
B.
Any use accessory to and customarily incidental to a principal use permitted by right.
4.
Accessory uses permitted as either administrative or conditional uses.
A.
Child day care centers and nursery school uses accessory to places of worship.
B.
Residential apartments as secondary uses in structures with office uses as primary uses.
C.
Restaurant accessory to hotels.
D.
Any use accessory to and customarily incidental to a principal use permitted as either an administrative or conditional use.
5.
Additional principal nonresidential uses permitted as either administrative or conditional uses in the Lake and Lucerne sub-area and the Sixth and Tenth Avenue sub-area of the district.
A.
Commercial - high intensity.
B.
Office - high intensity.
C.
Retail - high intensity.
D.
Personal services - high intensity.
E.
Cultural and artisanal arts - high intensity.
F.
Institutional - high intensity.
6.
Principal uses permitted as either administrative or conditional uses.
A.
Parking facilities.
B.
Places of worship (see Article 4, Development Standards).
d)
Development regulations for nonresidential uses permitted by right.
1.
Maximum density and minimum lot dimensions uses.
A.
Minimum lot area: six thousand five hundred (6,500) square feet.
B.
Minimum lot width:
(1)
Lake Avenue and Lucerne Avenue - twenty-five (25) feet.
(2)
First Avenue South and Second Avenue North - fifty (50) feet.
(3)
Federal Highway - fifty (50) feet.
(4)
Sixth Avenue South and Tenth Avenue North - one hundred (100) feet.
(5)
Fifty (50) feet in general.
2.
Maximum height of building.
A.
Principal building: Thirty (30) feet in height and not to exceed two (2) stories.
B.
Additional five (5) feet in height and one (1) story shall be granted under the Sustainable Bonus Incentive Program not to exceed three (3) stories.
C.
Additional fifteen (15) feet in height shall be granted under the Sustainable Bonus Incentive Program (not to exceed four (4) stories) for lots located west of FEC Railroad Tracks and east of F Street.
D.
Garages and other accessory buildings: Twenty-four (24) feet not to exceed two (2) stories.
3.
Minimum setbacks for nonresidential buildings.
A.
Minimum front setback: Twenty (20) feet.
(1)
Lake Avenue and Lucerne Avenue - minimum of ten (10) feet not to exceed twenty-two (22) feet.
(2)
First Avenue South and Second Avenue North - minimum of ten (10) feet not to exceed twenty-two (22) feet.
(3)
Federal Highway - minimum of ten (10) feet not to exceed twenty-two (22) feet.
(4)
Sixth Avenue South and Tenth Avenue North - minimum of ten (10) feet not to exceed twenty-two (22) feet.
B.
Minimum side setback: Ten (10) feet or ten (10) percent of lot width, whichever is less.
(1)
Lake Avenue and Lucerne Avenue - ten (10) feet on street and zero (0) feet on interior lot.
(2)
First Avenue South and Second Avenue North - ten (10) feet on street and zero (0) feet on interior lot.
(3)
Federal Highway - minimum of ten (10) feet on street and ten (10) percent of lot width, minimum of three (3) feet up to a minimum of ten (10) feet for lots over one hundred (100) feet in width.
(4)
Sixth Avenue South and Tenth Avenue North - minimum of ten (10) feet on street and ten (10) percent of lot width, minimum of three (3) feet up to a minimum of ten (10) feet for lots over one hundred (100) feet in width.
(5)
Roof overhangs shall not exceed more than two (2) feet into required setback.
C.
Minimum rear setback:
(1)
Fifteen (15) feet or ten (10) percent of lot depth, whichever is less, when next to a residential zoning district.
(2)
Ten (10) feet in general.
(3)
Five (5) feet for accessory structures.
D.
Additional height and stories setback: Buildings in excess of thirty (30) feet in height shall provide an additional front and rear setback of between eight (8) and twelve (12) feet to the minimum required front and rear setbacks.
E.
Additional height and stories setback along major thoroughfares: Buildings in excess of thirty (30) feet in height shall provide an additional setback of between eight (8) and twelve (12) feet for façades facing a major thoroughfare.
4.
Maximum impermeable surface for entire lot. The maximum impermeable surface shall be:
A.
Seventy-five (75) percent of the lots up to four thousand nine hundred ninety-nine (4,999) square feet;
B.
Seventy (70) percent for lots between five thousand (5,000) square feet and seven thousand four hundred ninety-nine (7,499) square feet;
C.
Sixty-five (65) percent for lots seven thousand five hundred (7,500) square feet and greater; and
D.
Provided however that seventy-five (75) percent of the front yard area shall remain pervious and be landscaped.
5.
Maximum impermeable surface for all structures. The maximum impermeable surface shall be:
A.
Sixty-five (65) percent for lots up to four thousand nine hundred ninety-nine (4,999) square feet;
B.
Sixty (60) percent for lots between five thousand (5,000) square feet and seven thousand four hundred ninety-nine (7,499) square feet; and
C.
Fifty-five (55) percent for lots seven thousand five hundred (7,500) square feet and greater.
6.
Floor area ratio (FAR) limitations. Maximum FAR is 1.50. The FAR shall be:
A.
1.00 for lots up to four thousand nine hundred ninety-nine (4,999) square feet;
B.
0.95 for lots between five thousand (5,000) square feet and seven thousand four hundred ninety-nine (7,499) square feet; and
C.
0.90 for lots seven thousand five hundred (7,500) square feet and greater.
D.
An additional 0.50 of FAR shall be granted under the Sustainable Bonus Incentive Program.
7.
Accessory structures. All accessory structures shall not exceed forty (40) percent of the gross floor area of the principal structure, excluding approved prefabricated metal storage buildings totaling no more than one hundred forty-four (144) square feet.
8.
Location of accessory buildings, pools, etc. Accessory buildings, pools and similar structures shall be allowed within the rear or side yards of a double front or corner lot between the main structure and a public street, provided that minimum setbacks are maintained.
9.
Required street trees. Street trees shall be installed at a maximum of every twenty-five (25) feet of frontage. Approved native species shall be used.
10.
Major thoroughfare design guidelines. Additional developmental regulations are applicable to certain locations in this district pursuant to the major thoroughfare guidelines, as adopted from time to time by resolution of the city commission. See also section 23.2-31.
e)
Locational and development regulations for uses permitted as either administrative or conditional uses. Uses permitted as conditional uses shall be regulated pursuant to the requirements of sections 23.2-28 and 23.2-29Article 4, Development Standards.
(Ord. No. 2014-22, § 12(Exh. K), 9-9-14; Ord. No. 2018-10, § 8(Exh. G), 7-17-18; Ord. No. 2019-13, § 4, 12-3-19; Ord. No. 2024-06, § 9(Exh. H), 5-21-24; Ord. No. 2024-13, § 10(Exh. I), 11-19-24)
Sec. 23.3-14. - DT—Downtown.
a)
Intent. The "downtown (DT) district" is designed for the commercial core of Lake Worth, primarily along Lake and Lucerne Avenues from Golfview to the Florida East Coast Railroad right-of-way. The DT district is intended to provide the establishment and expansion of a broad range of office and commercial uses, including higher density residential use. Certain commercial uses are not permitted in the district because they will be detrimental to the shopping or office functions of the area. The establishment of certain uses is subject to conditional use review to ensure they will not have a negative impact on nearby residential uses or on the commercial viability of their neighbors. The district implements in part the downtown mixed use land use category of the Lake Worth Comprehensive Plan.
b)
Use restrictions and development regulations for residential uses in the DT district. For projects that are all residential, see section 23.3-13(b). Multiple-family residential uses may be established and expanded in the DT district subject to the provisions of section 23.3-12.
c)
Use restrictions for nonresidential uses in the DT district. Refer to the permitted use table at section 23.3-6 for a complete list of uses.
1.
Principal nonresidential uses permitted by right.
A.
Commercial - low intensity.
B.
Office - low intensity.
C.
Retail - low intensity.
D.
Personal services - low intensity.
E.
Cultural and artisanal arts - low intensity.
F.
Institutional - low intensity.
G.
Open air retail sales only on private property and not on any sidewalk along Lake Avenue or Lucerne Avenue (see definition).
H.
Essential services.
I.
Hotels and motels, subject to the following requirement:
Each guest room and bath unit shall have a minimum area of one hundred seventy (170) square feet measured from the interior face of the exterior walls and from the interior face of the demising walls of the unit.
2.
Principal uses permitted as either administrative or conditional uses.
A.
Commercial - medium to high intensity.
i.
Commercial drive-through (excluding all restaurant uses) west of Dixie Highway.
B.
Office - medium to high intensity.
C.
Retail - medium to high intensity.
D.
Personal services - medium to high intensity.
E.
Cultural and artisanal arts - medium to high intensity.
F.
Institutional - medium to high intensity.
G.
Parking facilities including temporary.
H.
Places of worship.
I.
Hotels and motels, subject to the following requirement:
Each guest room and bath unit shall have a minimum area of one hundred seventy (170) square feet measured from the interior face of the exterior walls and from the interior face of the demising walls of the unit.
3.
Accessory uses permitted by right.
A.
Home occupations.
B.
Any use accessory to and customarily incidental to a principal use permitted by right.
4.
Accessory uses permitted as either administrative or conditional uses.
A.
Day care centers and nursery school uses accessory to places of worship.
B.
Residential apartments as related uses in structures with office or retail uses as primary use on the ground floor located in the "Core Area" as defined in section 23.1-5. Minimum living area shall be as follows:
(1)
Efficiency units: Four hundred (400) square feet.
(2)
One-bedroom units: Six hundred (600) square feet.
(3)
Two-bedroom units: Seven hundred fifty (750) square feet.
(4)
Three-bedroom units: Nine hundred (900) square feet.
(5)
Four-bedroom units: One thousand three hundred fifty (1,350) square feet.
C.
Any use accessory to and customarily incidental to a principal use permitted as either an administrative or conditional use.
d)
Development regulations for uses permitted by right.
1.
Minimum lot dimension.
A.
Minimum lot area: Six thousand five hundred (6,500) square feet.
B.
Minimum lot width: Fifty (50) feet; twenty-five (25) feet on Lake Avenue and Lucerne Avenue.
2.
Maximum height of buildings.
A.
Principal building: Thirty (30) feet in height and not to exceed two (2) stories.
B.
Additional fifteen (15) feet in height shall be granted under the Sustainable Bonus Incentive Program (not to exceed four (4) stories).
C.
Additional thirty-five (35) feet in height shall be granted under the Sustainable Bonus Incentive Program (not to exceed six (6) stories) east of Federal Highway with the provision of a hotel with fifty (50) or more rooms or a mixed use hotel project inclusive of fifty (50) or more rooms and requires a conditional land use.
D.
Garages and other accessory buildings: Twenty-four (24) feet.
E.
Garages are not allowed at the street level facing Lake Avenue and Lucerne Avenue.
3.
Minimum height of buildings. Throughout the DT district the minimum height of buildings shall be twenty-four (24) feet.
4.
Minimum setbacks for buildings.
A.
Front setback shall be:
(1)
From Dixie Highway (SR 805) right-of-way lines: Ten (10) feet.
(2)
From Lake Avenue and Lucerne Avenue east of the Florida East Coast right-of-way: Five (5) feet.
(3)
From all other thoroughfare right-of-way lines: Ten (10) feet.
(4)
Required front setback can be increased by eight (8), ten (10) or twelve (12) feet if the building provides an open arcade or public plaza.
B.
Minimum side setback:
(1)
From street side lot line: Shall be ten (10) feet.
(2)
From interior side lot line: None.
(3)
Street side setback can be increased by eight (8), ten (10) or twelve (12) feet if the building provides an open arcade or public plaza.
(4)
Roof overhangs shall not project more than two (2) feet into the setback.
C.
Minimum rear setback:
(1)
For lots platted on Blocks G through L of the Townsite Subdivision: Ten (10) feet.
(2)
For all other lots: Five (5) feet.
(3)
For lots next to residential zoning districts: Fifteen (15) feet or ten (10) percent of lot depth, whichever is greater.
(4)
For accessory structures: Five (5) feet.
D.
Additional height and stories setback: Buildings in excess of thirty (30) feet in height shall provide an additional front and rear setback of between eight (8) and twelve (12) feet to the minimum required front and rear setbacks.
E.
Additional height and stories setback along major thoroughfares: Buildings in excess of thirty (30) feet in height shall provide an additional setback of between eight (8) and twelve (12) feet for façades facing a major thoroughfare.
F.
Awnings shall be exempt from the front and side street setback regulations. Awnings may project over public property to a point of not more than two (2) feet back from the face of the curb. Second story awning(s) installations shall project no more than three (3) feet from the building. If awnings overhang Federal Highway, Dixie Highway, Lake Avenue or Lucerne Avenue rights-of-way, the owner will need to acquire a State of Florida Department of Transportation approval.
5.
Build-to line. All buildings fronting on Lake or Lucerne Avenues shall be situated between five (5) feet from the property line to afford a consistent building line along the avenues. If public arcade or public open space is provided the build-to-line may be adjusted in increments of eight (8), ten (10) and twelve (12) feet.
6.
Ground floor regulations. Ground floor uses must be habitable. Retail stores in excess of ten thousand (10,000) square feet are prohibited on the ground floor. Only retail, service, or office uses are permitted on the ground floor fronting Lake or Lucerne Avenues. Downtown ground floor entrances must use transparent elements. The transparent elements on the ground floor shall be maximized to include a minimum of seventy-five (75) percent of the ground floor being windows, doors and other openings. Ground floor building frontage must have an architectural break every twenty-five (25) feet.
7.
Maximum impermeable surface. The maximum impermeable surface shall be:
A.
Ninety (90) percent of the lots up to four thousand nine hundred ninety-nine (4,999) square feet;
B.
Eighty-five (85) percent for lots between five thousand (5,000) square feet and seven thousand four hundred ninety-nine (7,499) square feet; and
C.
Eighty (80) percent for lots seven thousand five hundred (7,500) square feet and greater.
8.
Maximum impermeable surface for all structures: The maximum impermeable surface shall be:
A.
Seventy (70) percent for lots up to four thousand nine hundred ninety-nine (4,999) square feet;
B.
Sixty-five (65) percent for lots between five thousand (5,000) square feet and seven thousand four hundred ninety-nine (7,499) square feet; and
C.
Sixty (60) percent for lots seven thousand five hundred (7,500) square feet and greater.
9.
Floor area ratio (FAR) limitations. Maximum FAR is 1.70. Maximum FAR is 2.2 east of Federal Highway and inclusive of hotel requirement. The FAR shall be:
A.
1.20 for lots up to four thousand nine hundred ninety-nine (4,999) square feet;
B.
1.15 for lots between five thousand (5,000) square feet and seven thousand four hundred ninety-nine (7,499) square feet;
C.
1.10 for lots seven thousand five hundred (7,500) square feet and greater;
D.
An additional 0.50 of FAR shall be granted under the Sustainable Bonus Incentive Program; and
E.
An additional 0.50 of FAR shall be granted under a conditional land use for a hotel project of fifty (50) rooms or more or a mixed use hotel project of fifty (50) rooms or more.
10.
Accessory structures. All accessory structures shall not exceed forty (40) percent of the gross floor area of the principal structure, excluding approved prefabricated metal storage buildings totaling no more than one hundred forty-four (144) square feet.
11.
Location of accessory buildings, pools, etc. Accessory buildings, pools and similar structures shall be allowed within the rear or side yards of a double front or corner lot between the main structure and a public street, provided that minimum setbacks are maintained.
12.
Required garbage storage rooms. Buildings shall have garbage storage rooms which are integral to the building, but are directly accessible through outside doors to municipal garbage and trash collection crews.
13.
Required street trees. Street trees shall be installed at a maximum of every twenty-five (25) feet of frontage. Approved native species shall be used.
14.
Major thoroughfare design guidelines. Additional developmental regulations are applicable to certain locations in this district pursuant to the major thoroughfare guidelines, as adopted from time to time by resolution of the city commission. See also section 23.2-31.
e)
Locational and development regulations for uses permitted as either administrative or conditional uses. Uses permitted as conditional uses shall be regulated pursuant to the requirements of sections 23.2-28 and 23.2-29Article 4, Development Standards.
(Ord. No. 2016-15, § 4(Exh. C), 5-17-16; Ord. No. 2018-10, § 8(Exh. G), 7-17-18; Ord. No. 2019-13, § 4, 12-3-19; Ord. No. 2024-13, § 11(Exh. J), 11-19-24)
Sec. 23.3-16. - MU-FH—Mixed use-Federal Highway.
a)
Intent. The "MU-FH mixed use-Federal Highway" district is intended to provide for limited retail, office, hotel/motel and low-density multiple-family residential development. Provision is made for the establishment of the following nonresidential uses:
(1)
Low intensity office uses.
(2)
Low intensity personal service uses.
(3)
Residential apartments as secondary uses in structures with office uses as primary uses.
(4)
Hotels and motels.
Provision is also made for the establishment of low-density multiple-family residential uses and single-family and two-family residential uses in accordance with the provisions of the "low-density multiple-family residential district, 20 du/net acre." The "mixed use - Federal Highway" district implements in part the "mixed use" land use category of the Lake Worth Comprehensive Plan.
b)
Use restrictions and development regulations for residential uses.
1.
Multiple-family, two-family and single-family residential uses may be established in the MU-FH district subject to the provisions of section 23.3-10.
2.
Townhouses are permitted as conditional uses in the MU-FH district, subject to the regulations and standards as set forth in Article 4, Development Standards.
3.
Minimum living area shall be as follows:
A.
Efficiency units: Four hundred (400) square feet.
B.
One-bedroom units: Six hundred (600) square feet.
C.
Two-bedroom units: Seven hundred fifty (750) square feet.
D.
Three-bedroom units: Nine hundred (900) square feet.
E.
Four-bedroom units: One thousand three hundred fifty (1,350) square feet.
4.
Finished floor elevation of all residential structures shall be two (2) feet to four (4) feet above existing grade to create a historic feel and separation from the street.
5.
For projects that are all residential, see section 23.3-13(b).
c)
Use restrictions for nonresidential. Uses permitted by right and uses permitted as either administrative or conditional uses shall be subject to applicable provisions of Article 4, Development Standards. Refer to the permitted use table at section 23.3-6 for a complete list of uses.
1.
Principal nonresidential uses permitted by right.
A.
Office - low intensity.
B.
Personal services - low intensity.
C.
Essential services.
D.
Community residences, of up to six (6) residents, subject to regulations as set forth in Article 4, Development Standards.
2.
Principal uses permitted as either administrative or conditional uses.
A.
Office - medium intensity.
B.
Personal services - medium intensity.
C.
Nursing homes and community residences, of up to fourteen (14) residents, subject to regulations as set forth in Article 4, Development Standards.
D.
Bed and breakfast inns.
E.
Cemeteries, public and private.
F.
Places of worship.
G.
Day care centers.
H.
Hotels and motels, except on parcels adjacent to North Federal Highway north of Thirteenth Avenue North.
Hotels and motels are subject to the following requirement: Each guest room and bath unit shall have a minimum area of two hundred fifty (250) square feet measured from the interior face of the exterior walls and from the interior face of the demising walls of the unit.
I.
Light utility facilities.
J.
Medical offices and related uses such as day spas.
K.
Public indoor neighborhood recreation and service facilities.
L.
Public outdoor neighborhood recreation facilities.
M.
Schools, elementary.
N.
Schools, intermediate and secondary, offering courses in general and vocational education but not offering courses which involve the regular use of heavy equipment out-of-doors.
O.
Transitional parking facilities (see Article 4, Development Standards).
P.
Mixed use project of three (3) stories.
3.
Accessory uses permitted by right.
A.
Home occupations.
B.
Any use accessory to and customarily incidental to a principal use permitted by right.
4.
Accessory uses permitted as either administrative or conditional uses.
A.
Child day care centers and nursery school uses accessory to places of worship.
B.
Residential apartments as secondary uses in structures with office uses as primary uses.
C.
Restaurants accessory to motels.
D.
Any use accessory to and customarily incidental to a principal use permitted as either an administrative or conditional use.
d)
Development regulations for uses permitted by rights.
1.
Minimum lot dimension for nonresidential uses.
A.
Minimum lot area: Six thousand five hundred (6,500) square feet.
B.
Minimum lot width: Fifty (50) feet.
2.
Maximum height of nonresidential buildings.
A.
Principal building: Thirty (30) feet in height not to exceed two (2) stories.
B.
Additional five (5) feet in height shall be granted under the Sustainable Bonus Incentive Program (not to exceed two (2) stories). Conditional use permit required for mixed use project of three (3) stories.
C.
Garages and other accessory buildings: Twenty-four (24) feet.
3.
Minimum setbacks for nonresidential buildings.
A.
Minimum front setback: Ten (10) feet.
B.
Minimum side setback:
(1)
Minimum of ten (10) feet on street and ten (10) percent of lot width, minimum of three (3) feet up to a minimum of ten (10) feet for lots over one hundred (100) feet in width.
(2)
Two-story buildings shall have a side setback of five (5) feet minimum.
(3)
Roof overhangs shall not project more than two (2) feet into the setback.
C.
Minimum rear setback:
(1)
Fifteen (15) feet or ten (10) percent of lot depth, whichever is less when next to a residential zoning district.
(2)
Ten (10) feet in general.
(3)
Five (5) feet for accessory structures.
4.
Maximum impermeable surface for nonresidential uses. The maximum impermeable surface shall be:
A.
Sixty-five (65) percent of the lots up to four thousand nine hundred ninety-nine (4,999) square feet;
B.
Sixty (60) percent for lots between five thousand (5,000) square feet and seven thousand four hundred ninety-nine (7,499) square feet;
C.
Fifty-five (55) percent for lots seven thousand five hundred (7,500) square feet and greater; and
D.
Provided however that seventy-five (75) percent of the front yard area shall remain pervious and be landscaped.
5.
Maximum impermeable surface for all structures. The maximum impermeable surface shall be:
A.
Fifty-five (55) percent for lots up to four thousand nine hundred ninety-nine (4,999) square feet;
B.
Fifty (50) percent for lots between five thousand (5,000) square feet and seven thousand four hundred ninety-nine (7,499) square feet; and
C.
Forty-five (45) percent for lots seven thousand five hundred (7,500) square feet and greater.
6.
Floor area ratio (FAR) limitations. Maximum FAR is 1.20. The FAR shall be:
A.
0.70 for lots up to four thousand nine hundred ninety-nine (4,999) square feet;
B.
0.65 for lots between five thousand (5,000) square feet and seven thousand four hundred ninety-nine (7,499) square feet;
C.
0.60 for lots seven thousand five hundred (7,500) square feet and greater; and
D.
An additional 0.50 of FAR shall be granted under the Sustainable Bonus Incentive Program.
7.
Accessory structures. All accessory structures shall not exceed forty (40) percent of the gross floor area of the principal structure, excluding approved prefabricated metal storage buildings totaling no more than one hundred forty-four (144) square feet.
8.
Location of accessory buildings, pools, etc. Accessory buildings, pools and similar structures shall be allowed within the rear or side yards of a double front or corner lot between the main structure and a public street, provided that minimum setbacks are maintained.
9.
Parking. Surface parking lots and back out parking is prohibited along Federal Highway.
10.
Required street trees. Street trees shall be installed at a maximum of every twenty-five (25) feet of frontage. Approved native species shall be used.
11.
Major thoroughfare design guidelines. Additional developmental regulations are applicable to certain locations in this district pursuant to the major thoroughfare guidelines, as adopted from time to time by resolution of the city commission. See also section 23.2-31.
e)
Locational and development regulations for uses permitted as either administrative or conditional uses. Uses permitted as conditional uses shall be regulated pursuant to the requirements of sections 23.2-28 and 23.2-29Article 4, Development Standards.
(Ord. No. 2014-08, § 2, 3-18-14; Ord. No. 2018-10, § 8(Exh. G), 7-17-18; Ord. No. 2019-13, § 4, 12-3-19; Ord. No. 2024-06, § 10(Exh. I), 5-21-24; Ord. No. 2024-13, § 12(Exh. K), 11-19-24)
Sec. 23.3-17. - MU-DH—Mixed use-Dixie Highway.
a)
Intent. The MU-DH mixed use-Dixie Highway district is designed for Dixie Highway, Lake Worth's commercial spine. The MU-DH district is intended to provide the establishment and expansion of a broad range of office and commercial uses, including higher density residential use. Certain commercial uses are not permitted in the district because they will be detrimental to the shopping or office functions of the area. The establishment of certain uses is subject to conditional use review to ensure they will not have a negative impact on nearby residential uses or on the commercial viability of their neighbors. The district implements in part the downtown mixed use land use category of the Lake Worth Comprehensive Plan.
b)
Use restrictions and development regulations for residential uses in the MU-DH district. Multiple-family residential uses, excluding single-family and two-family uses, may be established and expanded in the MU-DH district subject to the provisions of section 23.3-10 for uses on the east side of Dixie Highway and section 23.3-11 for uses on the west side of Dixie Highway. Provided however that residential uses shall not be permitted at the ground floor of any building fronting on Dixie Highway.
1.
Minimum living area shall be as follows:
A.
Efficiency units: Four hundred (400) square feet.
B.
One-bedroom units: Six hundred (600) square feet.
C.
Two-bedroom units: Seven hundred fifty (750) square feet.
D.
Three-bedroom units: Nine hundred (900) square feet.
E.
Four-bedroom units: One thousand three hundred fifty (1,350) square feet.
c)
Use restrictions for nonresidential uses in the MU-DH district. Refer to the permitted use table at section 23.3-6 for a complete list of uses.
1.
Principal nonresidential uses permitted by right.
A.
Commercial - low intensity.
B.
Office - low intensity.
C.
Low intensity retail uses - low intensity.
D.
Personal services uses - low intensity.
E.
Cultural and artisanal arts uses - low intensity.
F.
Institutional uses - low intensity.
G.
Automotive vehicular - low intensity.
H.
Eating and drinking establishments without drive through facilities.
I.
Essential services.
J.
Mixed use developments between major intersections.
K.
Stand alone commercial uses within one (1) block of major intersections. The major intersections in this district are 10th Avenue North, 6th Avenue south and 12th Avenue south.
2.
Principal uses permitted as either administrative or conditional uses.
A.
Commercial - medium to high intensity.
B.
Office - medium to high intensity.
C.
Low intensity retail uses - medium to high intensity.
D.
Personal services uses - medium to high intensity.
E.
Cultural and artisanal arts uses - medium to high intensity.
F.
Institutional uses - medium to high intensity.
G.
Automotive vehicular - medium to high intensity.
H.
Open air retail operations.
I.
Parking facilities.
J.
Places of worship (see Article 4, Development Standards).
K.
Hotels and motels, subject to the following requirement: Each guest room and bath unit shall have a minimum area of two hundred fifty (250) square feet measured from the interior face of the exterior walls and the interior face of the demising walls of the unit.
3.
Accessory uses permitted by right.
A.
Home occupations.
B.
Any use accessory to and customarily incidental to a principal use permitted by right.
4.
Accessory uses permitted as either administrative or conditional uses.
A.
Day care centers and nursery school uses accessory to places of worship.
B.
Restaurants accessory to motels.
C.
Establishments selling alcoholic beverages, whether for consumption on or off the premises, accessory to motels having accessory restaurants.
D.
Residential apartments as secondary uses in structures with office uses as primary uses.
E.
Any use accessory to and customarily incidental to a principal use permitted as either an administrative or conditional use.
d)
Development regulations for uses permitted by right.
1.
Minimum lot dimension.
A.
Minimum lot area:
(1)
East side of Dixie Highway: Six thousand five hundred (6,500) square feet.
(2)
West side of Dixie Highway: Six thousand five hundred (6,500) square feet.
B.
Minimum lot width:
(1)
East side of Dixie Highway: Fifty (50) feet.
(2)
West side of Dixie Highway: Fifty (50) feet.
2.
Maximum height of buildings.
A.
Principal building: Thirty (30) feet in height and not to exceed two (2) stories.
B.
Additional five (5) feet in height shall be granted under the Sustainable Bonus Incentive Program (not to exceed three (3) stories) for lots on east side of Dixie and blocks on west side of Dixie abutting residential zoning districts.
C.
Additional fifteen (15) feet in height shall be granted under the Sustainable Bonus Incentive Program (not to exceed four (4) stories) for blocks on west side of Dixie and abutting the artisanal industrial (AI) zoning district or fronting both Dixie Highway and the Florida East Coast Railroad (FEC) tracks (G Street).
D.
Garages and other accessory buildings: Twenty-four (24) feet.
3.
Setbacks and build-to lines.
A.
Front build-to line:
(1)
From Dixie Highway (SR 805) right-of-way lines: Ten (10) feet.
(2)
From all other thoroughfare right-of-way lines: Ten (10) feet.
(3)
Front build-to line can be increased by eight (8), ten (10) or twelve (12) feet if the building provides an open arcade or public plaza.
B.
Side:
(1)
Street side build-to line: Ten (10) feet.
(2)
Minimum interior side setback: None.
(3)
Street side build-to line can be increased by eight (8), ten (10) or twelve (12) feet if the building is provided an open arcade or public plaza.
(4)
Roof overhangs shall not exceed more than two (2) feet into setback.
C.
Minimum rear setback:
(1)
Ten (10) feet in general.
(2)
For lots next to residential zoning districts: Fifteen (15) feet or ten (10) percent of lot depth, whichever is greater.
(3)
For accessory structures: Five (5) feet.
D.
Additional height and stories setback for sustainable incentive: buildings in excess of thirty (30) feet in height shall provide an additional front and rear setback of between eight (8) and twelve (12) feet to the minimum required front and rear setbacks.
E.
Additional height and stories setback along major thoroughfares: Buildings in excess of thirty (30) feet in height shall provide an additional setback of between eight (8) and twelve (12) feet for façades facing a major thoroughfare.
F.
Awnings shall be exempt from the front and side street setback regulations. Awnings may project over public property to a point of not more than one (1) foot back from the face of the curb. Second story awning(s) installations shall project no more than five (5) feet from the building. If awnings overhang Dixie Highway rights-of-way, the owner will need to acquire a State of Florida Department of Transportation permit.
4.
Reserved.
5.
Maximum impermeable surface. The maximum impermeable surface shall be:
A.
Sixty-five (65) percent of the lots up to four thousand nine hundred ninety-nine (4,999) square feet;
B.
Sixty-five (65) percent for lots between five thousand (5,000) square feet and seven thousand four hundred ninety-nine (7,499) square feet; and
C.
Sixty-five (65) percent for lots seven thousand five hundred (7,500) square feet and greater.
6.
Maximum impermeable surface for all structures. The maximum impermeable surface shall be:
A.
Fifty-five (55) percent for lots up to four thousand nine hundred ninety-nine (4,999) square feet;
B.
Fifty (50) percent for lots between five thousand (5,000) square feet and seven thousand four hundred ninety-nine (7,499) square feet; and
C.
Forty-five (45) percent for lots seven thousand five hundred (7,500) square feet and greater.
7.
Floor area ratio (FAR) limitations. Maximum FAR is 1.50. The FAR shall be:
A.
1.00 for lots up to four thousand nine hundred ninety-nine (4,999) square feet;
B.
0.95 for lots between five thousand (5,000) square feet and seven thousand four hundred ninety-nine (7,499) square feet;
C.
0.90 for lots seven thousand five hundred (7,500) square feet and greater; and
D.
An additional 0.50 of FAR shall be granted under the Sustainable Bonus Incentive Program.
8.
Accessory structures. All accessory structures shall not exceed forty (40) percent of the gross floor area of the principal structure, excluding approved prefabricated metal storage buildings totaling no more than one hundred forty-four (144) square feet.
9.
Location of accessory buildings, pools, etc. Accessory buildings, pools and similar structures shall be allowed within the rear or side yards of a double front or corner lot between the main structure and a public street, provided that minimum setbacks are maintained.
10.
Required street trees. Street trees shall be installed at a minimum of every twenty-five (25) feet of frontage. Approved native species shall be used.
11.
Ground floor regulations. Ground floor uses with frontage on Dixie Highway must be habitable and active, such as office or retail, and shall not include parking or mechanical uses.
12.
Parking. In addition to the requirements in Article 4, Development Standards, off-street parking may be addressed by shared parking arrangements for mixed-use developments.
13.
Major thoroughfare design guidelines. Additional developmental regulations are applicable to certain locations in this district pursuant to the major thoroughfare guidelines, as adopted from time to time by resolution of the city commission. See also section 23.2-31.
e)
Locational and development regulations for uses permitted as either administrative or conditional uses. Uses permitted as conditional uses shall be regulated pursuant to the requirements of sections 23.2-28 and 23.2-29Article 4, Development Standards.
(Ord. No. 2016-13, § 6(Exh. E), 5-17-16; Ord. No. 2018-10, § 8(Exh. G), 7-17-18; Ord. No. 2019-13, § 4, 12-3-19; Ord. No. 2024-13, § 13(Exh. L), 11-19-24; Ord. No. 2024-18, § 3(Exh. B), 1-21-25)
Sec. 23.3-18. - MU-W—Mixed use west.
a)
Intent. The "MU-W mixed use district" is intended to provide for the establishment and expansion of a broad range of office and commercial uses, including moderate intensity and higher intensity commercial, hotel/motel and medium-density multiple-family residential development along the city's western thoroughfares. The establishment of certain uses is subject to conditional use review to ensure they will not create excessive problems for through traffic, or have a negative impact on nearby residential areas or the commercial viability of their neighbors. The district implements in part the mixed use land use category of the Lake Worth Comprehensive Plan.
Provision is made for the establishment of the following nonresidential uses for all areas of the district:
(1)
Low to high intensity commercial uses.
(2)
Low to high intensity office uses.
(3)
Low to high intensity retail uses.
(4)
Low to high intensity personal service uses.
(5)
Low to high intensity cultural and artisanal arts.
(6)
Low to high intensity institutional uses.
(7)
Residential apartments as related uses in structures with office, retail, or commercial uses as primary uses.
Provision is also made for the establishment of medium-density multiple-family residential uses in accordance with the provisions of the "medium-density multiple-family residential district, 30 du/net acre."
b)
Use restrictions and development regulations for residential uses. For projects that are all residential, see section 23.3-13(b). Multiple-family residential uses may be established subject to the provisions of section 23.3-11. Townhouses are permitted as conditional uses subject to the regulations and standards as set forth in Article 4, Development Standards. Single-family residences existing as of August 16, 2013 are permitted uses as of right, and may be expanded provided that they do not increase existing nonconformities in regard to the applicable development regulations of section 23.3-11(c).
c)
Use restrictions for nonresidential uses. Uses permitted by right and uses permitted as conditional uses shall be subject to applicable provisions of Article 4, Development Standards. Refer to the permitted use table at section 23.3-6 for a complete list of uses.
1.
Principal uses permitted by right in all areas of the district.
A.
Commercial uses - low intensity.
B.
Office uses - low intensity.
C.
Retail uses - low intensity.
D.
Personal services uses - low intensity.
E.
Automotive vehicular uses - low intensity.
F.
Cultural and artisanal arts uses - low intensity.
G.
Institutional uses - low intensity.
H.
Open air retail sales, only on private property.
I.
Essential services.
2.
Principal uses permitted as either administrative or conditional uses.
A.
Commercial uses - medium to high intensity.
B.
Office uses - medium to high intensity.
C.
Retail uses - medium to high intensity.
D.
Personal services uses - medium to high intensity.
E.
Automotive vehicular uses - medium to high intensity.
F.
Cultural and artisanal arts uses - medium to high intensity.
G.
Institutional uses - medium to high intensity.
H.
Hotels and motels, subject to the following requirement: Each guest room and bath unit shall have a minimum area of two hundred fifty (250) square feet measured from the interior face of the exterior walls and the interior face of the demising walls of the unit.
I.
Light utility facilities.
J.
Parking facilities including temporary.
K.
Places of worship.
L.
Schools, elementary.
M.
Schools, intermediate and secondary, offering courses in general and vocational education but not offering courses which involve the regular use of heavy equipment out-of-doors.
N.
Transit terminal facilities for passenger transportation operations. Terminal facilities for local, suburban and intercity passenger transportation operators, including the following uses listed in SIC groups 411, 412, 413, 414, 415 and 417; provided, however, that terminal facilities permitted pursuant to this section shall not be used for the maintenance of equipment.
O.
Nursing homes and community residences, for up to fourteen (14) residents, subject to regulations as set forth in Article 4, Development Standards.
3.
Accessory uses permitted by right.
A.
Home occupations.
B.
Any use accessory to and customarily incidental to a principal use permitted by right.
C.
Permanent standby generators may be used only during periods of electrical power outages in the utility system. Only one (1) generator shall be allowed per structure. Generators shall be allowed as an accessory use subject to the following extra requirements:
(1)
Operated for exercising purposes once per week Monday through Friday between 10:00 a.m. and 2:00 p.m. for a period not to exceed ten (10) minutes.
(2)
Submitted with a product information or engineers report indicating the noise level shall not encroach any neighboring residential property in excess of fifty-five (55) decibels measured from the property line.
(3)
A site plan indicating the location and distance to property lines and openings (doors, windows, vents, etc.) in the habitable structures as required by all applicable building code.
D.
Open air display, restrictions. The following shall be allowed by first obtaining a permit on behalf of each individual business for a sales event no more than four (4) times a year for duration of three (3) days:
(1)
Art or craft demonstrations.
(2)
Outdoor sales of items.
(3)
Other art or artist related display.
4.
Accessory uses permitted as either administrative or conditional uses.
A.
Day care centers and nursery school uses accessory to places of worship.
B.
Residential apartments as secondary uses in structures with office uses as primary uses. Residential development shall be established subject to the provisions set forth in section 23.3-10. The residential use shall not exceed forty (40) percent of the overall floor area comprised of residential and office use.
C.
Truck rental accessory to and customarily incidental to a principal use permitted as a conditional use.
D.
Used boat sales.
E.
Any use accessory to and customarily incidental to a principal use permitted as either an administrative or conditional use.
d)
Development regulations for uses permitted by right.
1.
Minimum lot dimension.
A.
Minimum lot area: Thirteen thousand (13,000) square feet.
B.
Minimum lot width: One hundred (100) feet.
2.
Maximum height of buildings.
A.
Principal building: Thirty (30) feet in height and not to exceed two (2) stories.
B.
Additional thirty-five (35) feet in height shall be granted under the Sustainable Bonus Incentive Program (not to exceed six (6) stories) for blocks fronting Tenth Avenue North.
C.
Additional fifteen (15) feet in height shall be granted under the Sustainable Bonus Incentive Program (not to exceed four (4) stories) for blocks fronting Lake Worth Road and for blocks fronting Second Avenue North.
D.
Garages and other accessory buildings: Twenty-four (24) feet.
E.
Garages are not allowed at the street level facing Lake Worth Road or Tenth Avenue North.
3.
Minimum height of buildings. On properties fronting Lake Worth Road and Tenth Avenue North, the minimum height of buildings shall be twenty-four (24) feet.
4.
Minimum setbacks for buildings.
A.
Minimum front setback: Twenty (20) feet. This setback shall apply to parking as well as buildings.
B.
Minimum side setback:
(1)
Ten (10) feet in general.
(2)
For lots up to one hundred (100) feet: Ten (10) percent of lot width with a minimum of three (3) feet.
(3)
For lots wider than one hundred (100) feet: Twenty (20) feet or ten (10) percent of lot width, whichever is less.
(4)
Roof overhangs shall not project more than two (2) feet into the setback.
C.
Minimum rear setback:
(1)
Ten (10) feet in general.
(2)
For lots next to residential zoning districts: Fifteen (15) feet or ten (10) percent of lot depth, whichever is greater.
(3)
For accessory structures: Five (5) feet.
D.
Buildings in excess of thirty (30) feet in height in addition shall provide an additional front and rear setback of between eight (8) and twelve (12) feet to the minimum required front and rear setbacks.
E.
Additional height and stories setback along major thoroughfares: Buildings in excess of thirty (30) feet in height shall provide an additional setback of between eight (8) and twelve (12) feet for façades facing a major thoroughfare.
F.
Awnings shall be exempt from the front and side street setback regulations. Awnings may project over public property to a point of not more than two (2) feet back from the face of the curb. Second story awning(s) installations shall project no more than five (5) feet from the building.
5.
Maximum impermeable surface. The maximum impermeable surface shall be:
A.
Sixty-five (65) percent for lots up to four thousand nine hundred ninety-nine (4,999) square feet;
B.
Sixty-five (65) percent for lots between five thousand (5,000) square feet and seven thousand four hundred ninety-nine (7,499) square feet; and
C.
Sixty-five (65) percent for lots seven thousand five hundred (7,500) square feet and greater.
6.
Maximum impermeable surface for all structures. The maximum impermeable surface shall be:
A.
Sixty (60) percent for lots up to four thousand nine hundred ninety-nine (4,999) square feet;
B.
Fifty-five (55) percent for lots between five thousand (5,000) square feet and seven thousand four hundred ninety-nine (7,499) square feet; and
C.
Fifty (50) percent for lots seven thousand five hundred (7,500) square feet and greater.
7.
Floor area ratio (FAR) limitations. Maximum FAR is 2.40. The FAR shall be:
A.
1.40 for lots up to four thousand nine hundred ninety-nine (4,999) square feet;
B.
1.35 for lots between five thousand (5,000) square feet and seven thousand four hundred ninety-nine (7,499) square feet;
C.
1.30 for lots seven thousand five hundred (7,500) square feet and greater;
D.
An additional 0.50 of FAR shall be granted under the Sustainable Bonus Incentive Program; and
E.
An additional 0.50 of FAR shall be granted under the Sustainable Bonus Incentive Program for buildings over forty-five (45) feet in height.
8.
Accessory structures. All accessory structures shall not exceed forty (40) percent of the gross floor area of the principal structure, excluding approved prefabricated metal storage buildings totaling no more than one hundred forty-four (144) square feet.
9.
Location of accessory buildings, pools, etc. Accessory buildings, pools and similar structures shall be allowed within the rear or side yards of a double front or corner lot between the main structure and a public street, provided that minimum setbacks are maintained.
10.
Required street trees. Street trees shall be installed at a minimum of every twenty-five (25) feet of frontage. Approved native species shall be used.
11.
Major thoroughfare design guidelines. Additional developmental regulations are applicable to certain locations in this district pursuant to the major thoroughfare guidelines, as adopted from time to time by resolution of the city commission. See also section 23.2-31.
e)
Locational and development regulations for uses permitted as either administrative or conditional uses. Uses permitted as conditional uses shall be regulated pursuant to the requirements of sections 23.2-28 and 23.2-29Article 4, Development Standards.
(Ord. No. 2014-22, § 13(Exh. L), 9-9-14; Ord. No. 2018-10, § 8(Exh. G), 7-17-18; Ord. No. 2019-13, § 4, 12-3-19; Ord. No. 2020-07, § 4(Exh. C), 6-16-20; Ord. No. 2024-13, § 14(Exh. M), 11-19-24)
Sec. 23.3-19. - TOD-E—Transit oriented development east.
a)
Intent. The TOD-E transit oriented development east district is designed for the areas around the FEC railroad tracks and desired future locations for intra-city, light rail transit, specifically Lake Avenue, Lucerne Avenue, 1st Avenue South, 10th Avenue North and 9th Avenue South. The TOD-E district is intended to promote compact, mixed-use development, including multiple-family residential, office and retail, near proposed or existing transportation infrastructure. The TOD-E district is also intended to encourage arts, entertainment and cultural activities in the city.
b)
Use restrictions and development regulations for residential uses in the TOD-E district. For projects that are all residential, see section 23.3-13(b). Multiple-family residential uses may be established and expanded in the TOD-E district subject to the provisions of section 23.3-12. Minimum living area shall be as follows:
(1)
Efficiency units: four hundred (400) square feet.
(2)
One-bedroom units: six hundred (600) square feet.
(3)
Two-bedroom units: seven hundred fifty (750) square feet.
(4)
Three-bedroom units: nine hundred (900) square feet.
(5)
Four-bedroom units: one thousand three hundred fifty (1,350) square feet.
Single-family residences existing as of August 16, 2013 are permitted uses as of right, and may be expanded provided that they do not increase existing nonconformities in regard to the applicable development regulations of section 23.3-11(c).
c)
Use restrictions for nonresidential uses in the TOD-E district. Refer to the permitted use table at section 23.3-6 for complete list of uses.
1.
Principal nonresidential uses permitted by right.
A.
Commercial uses - low intensity.
B.
Office uses - low intensity.
C.
Retail uses - low intensity.
D.
Personal services uses - low intensity.
E.
Cultural and artisanal arts uses - low intensity.
F.
Institutional uses - low intensity.
G.
Essential services.
H.
Mixed-use developments, consisting of retail, office or residential.
2.
Principal uses permitted as either administrative or conditional uses.
A.
Commercial uses - medium to high intensity.
B.
Office uses - medium to high intensity.
C.
Retail uses - medium to high intensity.
D.
Personal services uses - medium to high intensity.
E.
Cultural and artisanal arts uses - medium to high intensity.
F.
Intensity institutional uses - medium to high intensity.
G.
Open air operations.
H.
Parking facilities including temporary.
I.
Places of worship (see Article 4, Development Standards).
J.
Daycare centers (see Article 4, Development Standards).
K.
Hotels and motels, subject to the following requirement: Each guest room and bath unit shall have a minimum area of two hundred fifty (250) square feet measured from the interior face of the exterior walls and the interior face of the demising walls of the unit.
3.
Accessory nonresidential uses permitted by right.
A.
Home occupations.
B.
Any use accessory to and customarily incidental to a principal use permitted by right.
4.
Accessory uses permitted as either administrative or conditional uses.
A.
Day care centers and nursery school uses accessory to places of worship.
B.
Residential apartments as related uses in structures with office or retail uses as primary use on the ground floor.
C.
Any use accessory to and customarily incidental to a principal use permitted as either an administrative or conditional use.
D.
Communication towers if incorporated within a building.
d)
Development regulations for uses permitted by right.
1.
Minimum lot dimension.
A.
Minimum lot area: Thirteen thousand (13,000) square feet.
B.
Minimum lot width: One hundred (100) feet.
Fifty (50) feet on Lake Avenue and Lucerne Avenue.
2.
Maximum height of buildings.
A.
Principal building: thirty (30) feet and not to exceed two (2) stories.
B.
Additional twenty-five (25) feet in height shall be granted under the Sustainable Bonus Incentive Program (not to exceed five (5) stories) at Lake and Lucerne Avenue TOD. Must include provision of transit station to achieve five (5) stories and requires a conditional land use. Without transit station additional height limited to fifteen (15) feet (not to exceed four (4) stories) with sustainable incentive.
C.
Additional fifteen (15) feet in height shall be granted under the Sustainable Bonus Incentive Program (not to exceed four (4) stories) at Tenth Avenue North and Ninth Avenue South TOD. Must include provision of transit station to achieve four (4) stories and requires a conditional land use. Without transit station additional height limited to five (5) feet (not to exceed three (3) stories).
D.
Garages and other accessory buildings: Twenty-four (24) feet.
3.
Setbacks and build-to lines.
A.
Front build-to line:
(1)
From Lake Avenue and Lucerne Avenue right-of-way: Five (5) feet.
(2)
From all other thoroughfare right-of-way lines: Ten (10) feet.
(3)
Front build-to line can be increased by eight (8), ten (10) or twelve (12) feet if the building is provided an open arcade or public plaza.
B.
Side:
(1)
Street side build-to line: Ten (10) feet.
(2)
Minimum interior side setback: None.
(3)
Street side build-to line can be increased by eight (8), ten (10) or twelve (12) feet if the building is provided an open arcade or public plaza.
(4)
Roof overhangs shall not exceed more than two (2) feet into the setback.
C.
Minimum rear setback:
(1)
Ten (10) feet in general.
(2)
For lots next to residential zoning districts: Fifteen (15) feet or ten (10) percent of lot depth, whichever is greater.
(3)
For accessory structures: Five (5) feet.
D.
Additional height and stories setback for sustainable incentive: buildings in excess of thirty (30) feet in height in addition to sustainable incentive shall provide an additional front and rear setback of between eight (8) and twelve (12) feet to the minimum required front and rear setbacks.
E.
Additional height and stories setback along major thoroughfares: Buildings in excess of thirty (30) feet in height shall provide an additional setback of between eight (8) and twelve (12) feet for façades facing a major thoroughfare.
F.
Awnings shall be exempt from the front and side street setback regulations. Awnings may project over public property to a point of not more than one (1) foot back from the face of the curb. Second story awning(s) installations shall project no more than five (5) feet from the building. If awnings overhang the Lake Avenue or Lucerne Avenue right-of-way, the owner will need to acquire a State of Florida Department of Transportation permit.
4.
Reserved.
5.
Ground floor regulations. Ground floor uses must be habitable. Retail stores in excess of ten thousand (10,000) square feet are prohibited on the ground floor. Only retail, service, or office uses are permitted on the ground floor fronting Lake or Lucerne Avenues. Downtown ground floor entrances must use transparent elements. The transparent elements on the ground floor shall be maximized to include a minimum of seventy-five (75) percent of the ground floor being windows, doors and other openings. Ground floor building frontage must have an architectural break every twenty-five (25) feet.
6.
Maximum impermeable surface. The maximum impermeable surface shall be:
A.
Sixty-five (65) percent of the lots up to four thousand nine hundred ninety-nine (4,999) square feet;
B.
Sixty-five (65) percent for lots between five thousand (5,000) square feet and seven thousand four hundred ninety-nine (7,499) square feet; and
C.
Sixty-five (65) percent for lots seven thousand five hundred (7,500) square feet and greater.
7.
Maximum impermeable surface for all structures. The maximum impermeable surface shall be:
A.
Sixty (60) percent for lots up to four thousand nine hundred ninety-nine (4,999) square feet;
B.
Fifty-five (55) percent for lots between five thousand (5,000) square feet and seven thousand four hundred ninety-nine (7,499) square feet; and
C.
Fifty (50) percent for lots seven thousand five hundred (7,500) square feet and greater.
8.
Floor area ratio (FAR) limitations. Maximum FAR is 2.20. The FAR shall be:
A.
1.20 for lots up to four thousand nine hundred ninety-nine (4,999) square feet (small lot);
B.
1.15 for lots between five thousand (5,000) square feet and seven thousand four hundred ninety-nine (7,499) square feet (medium lot);
C.
1.00 for lots seven thousand five hundred (7,500) square feet and greater (large lot);
D.
An additional 0.50 of FAR shall be granted under the Sustainable Bonus Incentive Program; and
E.
An additional 0.50 of FAR shall be granted under the Sustainable Bonus Incentive Program with the inclusion of a public transit station.
9.
Accessory structures. All accessory structures shall not exceed forty (40) percent of the gross floor area of the principal structure, excluding approved prefabricated metal storage buildings totaling no more than one hundred forty-four (144) square feet.
10.
Location of accessory buildings, pools, etc. Accessory buildings, pools and similar structures shall be allowed within the rear or side yards of a double front or corner lot between the main structure and a public street, provided that minimum setbacks are maintained.
11.
Required garbage storage rooms. Buildings shall have garbage storage rooms which are integral to the building, but are directly accessible through outside doors to municipal garbage and trash collection crews.
12.
Required street trees. Street trees shall be installed at a minimum of every twenty-five (25) feet of frontage. Approved native species shall be used.
13.
Parking. Parking in the TOD-E district shall comply with the requirements for CORE area parking and shared parking in Article IV, Supplemental Regulations.
14.
Major thoroughfare design guidelines. Additional developmental regulations are applicable to certain locations in this district pursuant to the major thoroughfare guidelines, as adopted from time to time by resolution of the city commission. See also section 23.2-31.
e)
Locational and development regulations for uses permitted as either administrative or conditional uses. Uses permitted as conditional uses shall be regulated pursuant to the requirements of sections 23.2-28 and 23.2-29Article 4, Development Standards.
(Ord. No. 2014-22, § 14(Exh. M), 9-9-14; Ord. No. 2018-10, § 8(Exh. G), 7-17-18; Ord. No. 2019-13, § 4, 12-3-19; Ord. No. 2024-13, § 15(Exh. N), 11-19-24)
Sec. 23.3-20. - TOD-W—Transit oriented development west.
a)
Intent. The TOD-W transit oriented development west district is designed for the area south of Lake Worth Road, northeast of Lake Osborne, and west of I-95 and the CSX railway tracks. The TOD-W district is intended to promote compact, mixed-use development, including multiple-family residential, office and retail, near proposed or existing transportation infrastructure.
b)
Use restrictions and development regulations for residential uses in the TOD-W district. For projects that are all residential, see section 23.3-13(b). Multiple-family residential uses may be established and expanded in the TOD-W district subject to the provisions of section 23.3-12. Minimum living area shall be as follows:
(1)
Efficiency units: four hundred (400) square feet.
(2)
One-bedroom units: six hundred (600) square feet.
(3)
Two-bedroom units: seven hundred fifty (750) square feet.
(4)
Three-bedroom units: nine hundred (900) square feet.
(5)
Four-bedroom units: one thousand three hundred fifty (1,350) square feet.
Single-family residences existing as of August 16, 2013 are permitted uses as of right, and may be expanded provided that they do not increase existing nonconformities in regard to the applicable development regulations of section 23.3-11(c).
c)
Use restrictions for nonresidential uses in the TOD-W district. Refer to the permitted use table at section 23.3-6 for complete list of uses.
1.
Principal nonresidential uses permitted by right.
A.
Commercial uses - low intensity.
B.
Office uses - low intensity.
C.
Retail uses - low intensity.
D.
Personal services uses - low intensity.
E.
Cultural and artisanal arts uses - low intensity.
F.
Institutional uses - low intensity.
G.
Open air retail sales only on private property (see definition).
H.
Essential services.
I.
Mixed-use developments, consisting of retail, office or residential.
2.
Principal uses permitted as either administrative or conditional uses.
A.
Commercial uses - medium to high intensity.
B.
Office uses - medium to high intensity.
C.
Retail uses - medium to high intensity.
D.
Personal services uses - medium to high intensity.
E.
Cultural and artisanal arts uses - medium to high intensity.
F.
Institutional uses - medium to high intensity.
G.
Parking facilities, including temporary.
H.
Places of worship (see Article 4, Development Standards).
I.
Daycare centers.
J.
Hotels, subject to the following requirement: Each guest room and bath unit shall have a minimum area of two hundred fifty (250) square feet measured from the interior face of the exterior walls and the interior face of the demising walls of the unit.
3.
Accessory nonresidential uses permitted by right.
A.
Home occupations.
B.
Any use accessory to and customarily incidental to a principal use permitted by right.
4.
Accessory uses permitted as either administrative or conditional uses.
A.
Day care centers and nursery school uses accessory to places of worship.
B.
Residential apartments as secondary uses in structures with office or retail uses as primary use on the ground floor.
C.
Any use accessory to and customarily incidental to a principal use permitted as either an administrative or conditional use.
D.
Communication towers if incorporated into a building.
d)
Development regulations for uses permitted by right.
1.
Minimum lot dimension.
A.
Minimum lot area: Thirteen thousand (13,000) square feet.
B.
Minimum lot width: One hundred (100) feet.
2.
Maximum height of buildings.
A.
Principal building: Thirty (30) feet and not to exceed two (2) stories.
B.
Additional twenty-five (25) feet in height shall be granted under the Sustainable Bonus Incentive Program not to exceed five (5) stories. Must include a public transit station to achieve five (5) stories and requires a conditional land use. Without transit station, additional height limited to fifteen (15) feet not to exceed four (4) stories.
C.
Garages and other accessory buildings: Twenty-four (24) feet.
3.
Minimum height of buildings. On properties fronting Lake Worth Road the minimum height of buildings shall be twenty-four (24) feet.
4.
Minimum setbacks for buildings.
A.
Minimum front setback:
(1)
From Lake Worth Road right-of-way: Twenty (20) feet. This setback shall apply to parking as well as buildings.
(2)
From all other thoroughfare right-of-way lines: Ten (10) feet.
(3)
Front setback can be increased by eight (8), ten (10) or twelve (12) feet if the building provides an open arcade or public plaza.
B.
Minimum side setback:
(1)
Ten (10) feet in general.
(2)
For lots up to one hundred (100) feet: Ten (10) percent of lot width with a minimum of three (3) feet.
(3)
For lots wider than one hundred (100) feet: Twenty (20) feet or ten (10) percent of lot width, whichever is less.
(4)
Roof overhangs shall not project more than two (2) feet into the setback.
C.
Minimum rear setback:
(1)
Ten (10) feet in general.
(2)
For lots up to one hundred (100) feet: Ten (10) percent of lot width with a minimum of three (3) feet.
(3)
For lots wider than one hundred (100) feet: Twenty (20) feet or ten (10) percent of lot width, whichever is less.
D.
Minimum rear setback:
(1)
Ten (10) feet in general.
(2)
For lots next to residential zoning districts: Fifteen (15) feet or ten (10) percent of lot depth, whichever is greater.
(3)
For accessory structures: Five (5) feet.
E.
Additional height and stories setback for sustainable incentive: buildings in excess of thirty (30) feet in height in addition to sustainable incentive shall provide an additional front and rear setback of between eight (8) and twelve (12) feet to the minimum required front and rear setbacks.
F.
Additional height and stories setback along major thoroughfares: Buildings in excess of thirty (30) feet in height shall provide an additional setback of between eight (8) and twelve (12) feet for façades facing a major thoroughfare.
G.
Awnings shall be exempt from the front and side street setback regulations. Awnings may project over public property to a point of not more than two (2) feet back from the face of the curb. Second story awning(s) installations shall project no more than five (5) feet from the building.
5.
Maximum impermeable surface. The maximum impermeable surface shall be:
A.
Sixty-five (65) percent of the lots up to four thousand nine hundred ninety-nine (4,999) square feet;
B.
Sixty-five (65) percent for lots between five thousand (5,000) square feet and seven thousand four hundred ninety-nine (7,499) square feet; and
C.
Sixty-five (65) percent for lots seven thousand five hundred (7,500) square feet and greater.
6.
Maximum impermeable surface for all structures. The maximum impermeable surface shall be:
A.
Sixty (60) percent for lots up to four thousand nine hundred ninety-nine (4,999) square feet;
B.
Fifty-five (55) percent for lots between five thousand (5,000) square feet and seven thousand four hundred ninety-nine (7,499) square feet; and
C.
Fifty (50) percent for lots seven thousand five hundred (7,500) square feet and greater.
7.
Floor area ratio (FAR) limitations. Maximum FAR is 2.60. The FAR shall be:
A.
1.60 for lots up to four thousand nine hundred ninety-nine (4,999) square feet (small lot);
B.
1.55 for lots between five thousand (5,000) square feet and seven thousand four hundred ninety-nine (7,499) square feet (medium lot);
C.
1.50 for lots seven thousand five hundred (7,500) square feet and greater (large lot);
D.
An additional 0.50 of FAR shall be granted under the Sustainable Bonus Incentive Program; and
E.
An additional 0.50 of FAR shall be granted under the Sustainable Bonus Incentive Program with the inclusion of a public transit station.
8.
Accessory structures. All accessory structures shall not exceed forty (40) percent of the gross floor area of the principal structure, excluding approved prefabricated metal storage buildings totaling no more than one hundred forty-four (144) square feet.
9.
Location of accessory buildings, pools, etc. Accessory buildings, pools and similar structures shall be allowed within the rear or side yards of a double front or corner lot between the main structure and a public street, provided that minimum setbacks are maintained.
10.
Required street trees. Street trees shall be installed at a minimum of every twenty-five (25) feet of frontage. Approved native species shall be used.
11.
Required garbage storage rooms. Buildings shall have garbage storage rooms which are integral to the building, but are directly accessible through outside doors to municipal garbage and trash collection crews.
12.
Ground floor regulations. Ground floor uses must be habitable and active, such as office, residential or retail, and shall not include parking or mechanical uses. However, residential uses shall not be permitted along Lake Worth Road.
13.
Parking. Parking in the TOD-W district shall comply with the requirements for Core Area parking and shared parking in Article 4, Supplemental Regulations.
14.
Major thoroughfare design guidelines. Additional developmental regulations are applicable to certain locations in this district pursuant to the major thoroughfare guidelines, as adopted from time to time by resolution of the city commission. See also section 23.2-31.
e)
Locational and development regulations for uses permitted as either administrative or conditional uses. Uses permitted as conditional uses shall be regulated pursuant to the requirements of sections 23.2-28 and 23.2-29Article 4, Development Standards.
(Ord. No. 2018-10, § 8(Exh. G), 7-17-18; Ord. No. 2019-13, § 4, 12-3-19; Ord. No. 2024-13, § 16(Exh. O), 11-19-24)
Sec. 23.3-21. - NC—Neighborhood commercial.
a)
Intent. The "NC neighborhood commercial district" is designed to permit the establishment of convenience commercial uses in areas which are not suitable for a broader range of commercial uses, but where it is desirable to provide for the everyday shopping needs of nearby residents. The "NC neighborhood commercial district" permits the establishment and expansion of a limited range of neighborhood commercial uses. Certain other uses which would cause minimum problems for residential neighbors are also permitted to make the "neighborhood commercial district" more flexible in use.
b)
Use restrictions. Uses permitted by right and uses permitted as either administrative or conditional uses shall be subject to applicable provisions of Article 4, Development Standards. Refer to the permitted use table at section 23.3-6 for complete list of uses.
1.
Principal uses permitted by right.
A.
Commercial - low intensity.
B.
Office - low intensity.
C.
Retail - low intensity.
D.
Personal services - low intensity.
E.
Eating and drinking establishments (take out only).
F.
Essential services.
2.
Principal uses permitted as either administrative or conditional uses.
A.
Parking facilities.
B.
Convenience stores.
3.
Accessory uses permitted by right. Any use accessory to and customarily incidental to a principal use permitted by right.
c)
Development regulations for uses permitted by right.
1.
Minimum lot dimension.
A.
Minimum lot area: Six thousand five hundred (6,500) square feet.
B.
Minimum lot width: Fifty (50) feet.
2.
Maximum height of buildings.
A.
Principal building: Thirty (30) feet in height and not to exceed two (2) stories.
B.
Additional five (5) feet in height shall be granted under the Sustainable Bonus Incentive Program (not to exceed three (3) stories).
C.
Garages and other accessory buildings: Twenty-four (24) feet.
3.
Minimum setbacks for buildings.
A.
Minimum front setback: Twenty (20) feet not to exceed thirty-two (32) feet.
B.
Minimum side setback:
(1)
Minimum side setback: Ten (10) percent of lot width, with a minimum of three (3) feet and a minimum of ten (10) feet for lots over one hundred (100) feet in width.
(2)
Two-story buildings shall have side set back of five (5) feet minimum.
(3)
Roof overhangs shall not project more than two (2) feet into the setback.
C.
Minimum rear setback:
(1)
Ten (10) feet in general.
(2)
For lots next to residential zoning districts: Fifteen (15) feet or ten (10) percent of lot depth, whichever is greater.
(3)
For accessory structures: Five (5) feet.
4.
Maximum impermeable surface. The maximum impermeable surface shall be:
A.
Sixty-five (65) percent of the lots up to four thousand nine hundred ninety-nine (4,999) square feet;
B.
Sixty (60) percent for lots between five thousand (5,000) square feet and seven thousand four hundred ninety-nine (7,499) square feet; and
C.
Fifty-five (55) percent for lots seven thousand five hundred (7,500) square feet and greater.
5.
Maximum impermeable surface for all structures. The maximum impermeable surface shall be:
A.
Forty-five (45) percent for lots up to four thousand nine hundred ninety-nine (4,999) square feet;
B.
Forty (40) percent for lots between five thousand (5,000) square feet and seven thousand four hundred ninety-nine (7,499) square feet; and
C.
Thirty-five (35) percent for lots seven thousand five hundred (7,500) square feet and greater.
6.
Floor area ratio (FAR) limitations. Maximum FAR is 1.10. The FAR shall be:
A.
0.60 for lots up to four thousand nine hundred ninety-nine (4,999) square feet;
B.
0.55 for lots between five thousand (5,000) square feet and seven thousand four hundred ninety-nine (7,499) square feet;
C.
0.50 for lots seven thousand five hundred (7,500) square feet and greater; and
D.
An additional 0.50 of FAR shall be granted under the Sustainable Bonus Incentive Program.
7.
Accessory structures. All accessory structures shall not exceed forty (40) percent of the gross floor area of the principal structure, excluding approved prefabricated metal storage buildings totaling no more than one hundred forty-four (144) square feet.
8.
Location of accessory buildings, pools, etc. Accessory buildings, pools and similar structures shall be allowed within the rear or side yards of a double front or corner lot between the main structure and a public street, provided that minimum setbacks are maintained.
9.
Required street trees. Street trees shall be installed at a minimum of every twenty-five (25) feet of frontage. Approved native species shall be used.
d)
Locational and development regulations for uses permitted as either administrative or conditional uses. Uses permitted as conditional uses shall be regulated pursuant to the requirements of sections 23.2-28 and 23.2-29Article 4, Development Standards.
(Ord. No. 2024-13, § 17(Exh. P), 11-19-24)
Sec. 23.3-22. - BAC—Beach and casino.
a)
Intent. The beach and casino district (BAC) is a zoning category for the Lake Worth public beach and casino area. It is intended for public use of the beach area and other beach related uses and private commercial and public uses in the casino area.
b)
Principal uses permitted by right or by administrative or conditional use permit. Refer to the permitted use table at section 23.3-6 for complete list of uses.
1.
In the beach area (east of the east edge of the existing seawall). Public beach and pier and accessory uses such as umbrella, beach chair, beach and water related rentals and cafes on the pier only, and special events permitted pursuant to section 21-18.
2.
In the casino area (west of the east edge of the existing seawall):
A.
Pool, pool building and accessory uses.
B.
Picnic facilities, play-grounds, recreational uses and restrooms.
C.
Parking and parking structure.
D.
Ballroom, banquet and meeting rooms.
E.
Retail establishments. The sum of all retail establishments may not exceed seven thousand two hundred (7,200) square feet.
F.
Restaurants (no drive thru), sandwich shops and snack bars, outdoor cafes and push carts.
G.
Special events as permitted pursuant to section 21-18.
H.
Environmental/nature centers, art shows, exhibits and other events not requiring a special event permit pursuant to section 21-18.
c)
Development regulations.
1.
Building height:
A.
Total building/structure height shall not exceed sixty (60) feet.
B.
Two (2) habitable stories totaling not more than fifty (50) feet in height.
C.
Architectural features not to exceed an additional ten (10) feet in height.
D.
Building height shall be measured as defined in general definitions.
E.
Parking structures shall not exceed three (3) levels or thirty-two (32) feet. The height of the highest parking surface shall not exceed the crown of the loop road closest to the seawall.
2.
Setbacks:
A.
East: Seventy-five (75) feet from the east edge of the existing seawall excluding public seating, outdoor patio and dining areas (which shall be at least forty-five (45) feet from the east edge of the existing seawall), public shelters, signage and push carts.
B.
West: Seventy-five (75) feet from the property line.
C.
North: Two hundred (200) feet from the property line excluding public seating, public shelters, signage, and picnic pavilions, (which shall be at least thirty-five (35) feet from the property line and which shall be subject to conditional use approval by the planning and zoning board).
D.
South: Thirty-five (35) feet from the property line.
3.
Building coverage: Fifteen (15) percent.
4.
Maximum impermeable surface: Sixty-five (65) percent.
5.
Floor area ratio. The maximum floor area ratio is 0.1.
d)
Prohibited uses. All uses not specifically permitted.
Sec. 23.3-23. - AI—Artisanal industrial.
a)
Intent. The artisanal industrial district is intended to provide for the establishment and enlargement of office and industrial uses related to the arts without restriction on traffic generating characteristics. The artisanal industrial district is also intended to permit establishment of certain other uses which are compatible with artisanal industrial operations. Development in the industrial land use category should be guided to minimize negative impacts on nearby residential areas. The industrial district implements the industrial land use category of the Lake Worth Comprehensive Plan.
b)
Use restrictions. Uses permitted both by right and as either administrative or conditional uses shall also comply with the applicable regulations in Article 4, Development Standards. Refer to the permitted use table at section 23.3-6 for complete list of uses.
1.
Principal uses permitted by right.
A.
Commercial - low intensity.
B.
Office - low intensity.
C.
Retail - low intensity.
D.
Personal services - low intensity.
E.
Industrial - low intensity.
F.
Intensity cultural and artisanal arts - low intensity.
H.
Institutional uses - low intensity.
I.
Essential services.
J.
Mixed-use developments, consisting of retail, office or residential.
2.
Accessory uses permitted by right.
A.
Any use accessory to and customarily incidental to a principal use permitted by right.
B.
Office.
3.
Principal uses permitted by either administrative or conditional use.
A.
Commercial - medium to high intensity.
B.
Office - medium intensity.
C.
Personal services - medium intensity.
D.
Industrial - medium intensity.
E.
Cultural and artisanal arts - medium to high intensity.
F.
Institutional - medium intensity.
G.
Residential uses as follows:
Multifamily dwelling.
Townhouses.
Bed and breakfast inns.
4.
Accessory uses permitted as either administrative or conditional use. Any use accessory to and customarily incidental to a principal use permitted as a conditional use.
5.
Uses prohibited. All uses not specifically identified as permitted shall be deemed to be prohibited in the district. Refer to the permitted use table.
c)
Development regulations for uses permitted by right.
1.
Minimum lot dimension.
A.
Minimum lot area: Six thousand five hundred (6,500) square feet.
B.
Minimum lot width: Fifty (50) feet.
2.
Maximum height of buildings.
A.
Principal building: Thirty (30) feet in height not to exceed two (2) stories.
B.
Additional five (5) feet in height shall be granted under the Sustainable Bonus Incentive Program (not to exceed three (3) stories).
C.
Garages and other accessory buildings: Twenty-four (24) feet in height not to exceed two (2) stories.
3.
Minimum setbacks for buildings.
A.
Minimum front setback: Ten (10) feet not to exceed twenty-two (22) feet.
B.
Minimum side setback:
(1)
Interior side: None.
(2)
Street side: Ten (10) feet not to exceed twenty-two (22) feet.
(3)
Roof overhangs shall not project more than two (2) feet into the setback.
C.
Minimum rear setback:
(1)
Ten (10) feet in general.
(2)
For lots next to residential zoning districts: Fifteen (15) feet or ten (10) percent of lot depth, whichever is greater.
(3)
For accessory structures: Five (5) feet.
D.
Where the property is adjacent to a residential zoning district, all setbacks shall be twenty (20) feet.
4.
Maximum impermeable surface. The maximum impermeable surface shall be:
A.
Sixty-five (65) percent of the lots up to four thousand nine hundred ninety-nine (4,999) square feet;
B.
Sixty-five (65) for lots between five thousand (5,000) square feet and seven thousand four hundred ninety-nine (7,499) square feet; and
C.
Sixty-five (65) for lots seven thousand five hundred (7,500) square feet and greater.
5.
Maximum impermeable surface for all structures. The maximum impermeable surface shall be:
A.
Fifty-five (55) percent for lots up to four thousand nine hundred ninety-nine (4,999) square feet;
B.
Fifty-five (55) percent) for lots between five thousand (5,000) square feet and seven thousand four hundred ninety-nine (7,499) square feet; and
C.
Fifty-five (55) percent for lots seven thousand five hundred (7,500) square feet and greater.
6.
Floor area ratio (FAR) limitations. Maximum FAR is 1.50. The FAR shall be:
A.
1.00 for lots up to four thousand nine hundred ninety-nine (4,999) square feet;
B.
1.00 for lots between five thousand (5,000) square feet and seven thousand four hundred ninety-nine (7,499) square feet;
C.
1.00 for lots seven thousand five hundred (7,500) square feet and greater; and
D.
An additional 0.50 of FAR shall be granted under the Sustainable Bonus Incentive Program.
7.
Accessory structures. All accessory structures shall not exceed forty (40) percent of the gross floor area of the principal structure, excluding approved prefabricated metal storage buildings totaling no more than one hundred forty-four (144) square feet.
8.
Location of accessory buildings, pools, etc. Accessory buildings, pools and similar structures shall be allowed within the rear or side yards of a double front or corner lot between the main structure and a public street, provided that minimum setbacks are maintained.
9.
Required street trees. Street trees shall be installed at a minimum of every twenty-five (25) feet of frontage. Approved native species shall be used.
d)
Locational and development regulations for uses permitted as either administrative or conditional uses. Uses permitted as conditional uses shall be regulated pursuant to the requirements of sections 23.2-28 and 23.2-29Article 4, Development Standards.
(Ord. No. 2024-13, § 18(Exh. Q), 11-19-24)
Sec. 23.3-24. - I-POC—Industrial park of commerce.
a)
Intent. The industrial park of commerce district is intended to provide for the establishment and enlargement of office, manufacturing and light industrial uses without restriction on traffic generating characteristics. The industrial park of commerce district is also intended to permit establishment of certain other uses which are compatible with industrial operations. Development in the industrial land use category should be guided to minimize negative impacts on nearby residential areas. The industrial park of commerce district implements the industrial land use category of the Lake Worth Comprehensive Plan.
b)
Use restrictions. Uses permitted both by right and as administrative or conditional uses shall also comply with the applicable regulations in Article 4, Development Standards. Refer to the permitted use table at section 23.3-6 for a complete list of uses.
1.
Principal uses permitted by right.
A.
Commercial - low intensity.
B.
Office - low intensity.
C.
Automotive vehicular - low intensity.
D.
Industrial uses - low intensity.
E.
Cultural and artisanal arts uses - low intensity.
F.
Light utility facilities.
G.
Essential services.
H.
Parking facilities.
I.
Radio and television broadcasting studios.
J.
Indoor commercial recreation uses.
2.
Accessory uses permitted by right.
A.
Any use accessory to and customarily incidental to a principal use permitted by right.
B.
Retail sales and storage accessory to indoor shooting ranges, provided that no more than fifteen (15) percent of the gross floor area of the building or buildings shall be devoted to such accessory uses.
3.
Principal uses permitted by either administrative or conditional use.
A.
Commercial - medium to high intensity.
B.
Office - medium to high intensity.
C.
Automotive vehicular - medium to high intensity.
D.
Industrial uses - medium to high intensity.
E.
Cultural and artisanal arts uses - medium to high intensity.
F.
Public - low to high intensity.
G.
Communication towers (see Article 4, Development Standards).
H.
Transit storage and maintenance facilities for passenger transportation operations, not within one hundred fifty (150) feet of residentially zoned property, measured from property line to property line.
I.
Adult establishments which are south of 10th Avenue North and not within one thousand (1,000) feet of a church, school, park, residential development, library, or place of business licensed for the sale of alcoholic beverages, measured from property line to property line:
Adult book store or adult video store.
Movie theaters offering movies or other displays showing specified sexual activities or specified anatomical areas.
Theaters and establishments offering any kind of show emphasizing sexual activities or specified anatomical areas.
Places offering coin-operated devices which show specified sexual activities or specified anatomical areas.
Cabarets, clubs or taverns offering any entertainment showing specified sexual activities or specified anatomical areas.
J.
Local trucking without storage, as listed in SIC 4212.
K.
Shooting ranges, indoor, subject to the following requirements:
(1)
Such uses shall not be located within four hundred (400) feet of any residential district, as measured from property line to property line, regardless of intervening structures or buildings.
(2)
Noise generated from such uses shall not exceed fifty-five (55) decibels, as measured on the exterior of the building.
(3)
Such uses and uses accessory thereto shall meet all local, state and federal requirements for health, safety and environmental concerns, including, as applicable, those imposed by the National Fire Protection Association, the Florida Department of Environmental Protection, the Environmental Protection Agency and the Occupational Safety and Health Act.
4.
Accessory uses permitted as either administrative or conditional uses. Any use accessory to and customarily incidental to a principal use permitted as either an administrative or conditional use.
5.
Uses prohibited. All uses not specifically identified as permitted shall be deemed to be prohibited in the district. See the permitted use table.
c)
Development regulations for uses permitted by right.
1.
Minimum lot dimension.
A.
Minimum lot area: Thirteen thousand (13,000) square feet.
B.
Minimum lot width: One hundred (100) feet.
2.
Maximum height of buildings.
A.
Principal building: Thirty (30) feet in height not to exceed two (2) stories.
B.
Additional five (5) feet in height shall be granted under the Sustainable Bonus Incentive Program (not to exceed four (4) stories).
C.
Garages and other accessory buildings: Twenty-four (24) feet.
3.
Minimum setbacks for buildings.
A.
Minimum front setback: Twenty (20) feet.
B.
Minimum side setback:
(1)
Interior side: None.
(2)
Street side: Twenty (20) feet.
(3)
Roof overhangs shall not project more than two (2) feet into the setback.
C.
Minimum rear setback:
(1)
Ten (10) feet in general.
(2)
For lots next to residential zoning districts: Fifteen (15) feet or ten (10) percent of lot depth, whichever is greater.
(3)
For accessory structures: Five (5) feet.
D.
Additional height and stories setback for sustainable incentive: Buildings in excess of thirty (30) feet in height in addition to sustainable incentive shall provide an additional front and rear setback of between eight (8) and twelve (12) feet to the minimum required front and rear setbacks.
E.
Where the property is adjacent to a residential use, all setbacks shall be twenty (20) feet.
4.
Maximum impermeable surface. The maximum impermeable surface shall be:
A.
Sixty-five (65) percent of the lots up to four thousand nine hundred ninety-nine (4,999) square feet;
B.
Sixty-five (65) percent for lots between five thousand (5,000) square feet and seven thousand four hundred ninety-nine (7,499) square feet; and
C.
Sixty-five (65) percent for lots seven thousand five hundred (7,500) square feet and greater.
5.
Maximum impermeable surface for all structures. The maximum impermeable surface shall be:
A.
Fifty-five (55) percent for lots up to four thousand nine hundred ninety-nine (4,999) square feet;
B.
Fifty-five (55) percent for lots between five thousand (5,000) square feet and seven thousand four hundred ninety-nine (7,499) square feet; and
C.
Fifty-five (55) percent for lots seven thousand five hundred (7,500) square feet and greater.
6.
Floor area ratio (FAR) limitations. Maximum FAR is 2.20. The FAR shall be:
A.
1.10 for lots up to four thousand nine hundred ninety-nine (4,999) square feet;
B.
1.10 for lots between five thousand (5,000) square feet and seven thousand four hundred ninety-nine (7,499) square feet;
C.
1.10 for lots seven thousand five hundred (7,500) square feet and greater; and
D.
An additional 1.10 of FAR shall be granted under the Sustainable Bonus Incentive Program.
7.
Accessory structures. All accessory structures shall not exceed forty (40) percent of the gross floor area of the principal structure, excluding approved prefabricated metal storage buildings totaling no more than one hundred forty-four (144) square feet.
8.
Location of accessory buildings, pools, etc. Accessory buildings, pools and similar structures shall be allowed within the rear or side yards of a double front or corner lot between the main structure and a public street, provided that minimum setbacks are maintained.
9.
Required street trees. Street trees shall be installed at a minimum of every twenty-five (25) feet of frontage. Approved native species shall be used.
d)
Locational and development regulations for uses permitted as either administrative or conditional uses. Uses permitted as conditional uses shall be regulated pursuant to the requirements of sections 23.2-28 and 23.2-29Article 4, Development Standards.
(Ord. No. 2024-13, § 19(Exh. R), 11-19-24)
Sec. 23.3-25. - Planned development district.
a)
Intent. The intent of this section is to encourage, through height, density and/or intensity incentives, the use of innovative land planning and development techniques to create more desirable and attractive development in the city. Incentives include but are not limited to:
(1)
Relaxing or waiving of setbacks, parking requirements, lot dimensions and lot area requirements;
(2)
Allowing a decrease in minimum living area per dwelling unit; and
(3)
Permitting uses or a mixture of uses not normally permitted in the underlying zoning district.
Planned development districts can occur in all mixed use, residential, commercial, and industrial districts. The increase in density contemplated shall not exceed the density provided in the Lake Worth Comprehensive Master Plan.
b)
General provisions and requirements.
1.
Compliance with other sections. All planned developments shall comply with sections 23.2-27, 23.2-28 and 23.2-29.
2.
Increase in development potential. Planned developments allow for increases in height, intensity and density based on the allowances described in the future land use element of the city's comprehensive plan as follows:
A.
As part of a planned development, mixed use planned development, residential planned development or urban planned development, a project may maximize the density, intensity and height as outlined in Comprehensive Plan Policy 1.1.1.1, Table 1 (hereinafter referred to as Table 1). For each project requesting the bonus, the base line sustainable bonus value shall apply to each square foot above the maximum allowed in the underlying zoning district.
B.
As part of a planned development, mixed use planned development, residential planned development or urban planned development, a project may obtain a twenty-five (25) percent bonus on density, intensity and height as outlined in Table 1. For each project requesting the additional bonus, twice the base line sustainable bonus value shall apply to each square foot above the maximum threshold as shown in Table 1.
C.
For mixed use urban planned developments located west of Dixie Highway, which include at least three use categories, one being residential, and a minimum project size of two acres, an additional fifty (50) percent bonus in density, intensity and height as outlined in Table 1 may be obtained. For each project requesting the additional bonus, twice the base line sustainable bonus value shall apply to each square foot above the maximum threshold as shown in Table 1.
D.
For mixed use planned developments located west of Interstate 95, which include at least three use categories, one being residential, and a minimum project size of five (5) acres, an additional fifty (50) percent bonus in density, intensity and height as outlined in Table 1 may be obtained. For each project requesting the additional bonus, twice the base line sustainable bonus value shall apply to each square foot above the maximum threshold as shown in Table 1.
E.
For a mixed use planned development with a Tri-Rail Station component located within the Transit Oriented Development West land use area, which includes at least three use categories, one being residential, and a minimum project size of five (5) acres, an additional one hundred (100) percent bonus in density and intensity and fifty (50) percent increase in height as outlined in Table I may be obtained. For each project requesting the additional bonus, twice the base line sustainable bonus value shall apply to each square foot above the maximum threshold as shown in Table 1.
3.
Conflict with other regulations. The provisions of this section shall apply generally to the creation and regulation of all planned development districts. Where conflicts exist between these special planned development provisions and regulations relating to the installation operation or service requirements of any utility system or service, the utility regulations shall apply. Where conflicts exist between these special provisions and general zoning, subdivision or other applicable non-utility regulations, these special regulations shall apply.
4.
Dedication of public facilities. Dedication, grant, reservation or improvement of property or easements therein for public rights-of-way, streets, schools, parks, utilities or other public facilities may be required as a condition or requirement of approval pursuant to this section.
5.
Effect of planned development approval. When approved pursuant to the provisions of this section, the master development plan and all information and documents formally incorporated with the application shall constitute an amendment the official zoning map. Development within a planned development shall occur in conformity with the approved master development plan and development phasing.
6.
Utilities. All utilities, including telephone, cable television, and electrical service systems, shall be installed underground. However, the following facilities may be exempt from this requirement:
A.
Accessory facilities normally associated with such systems that require above-ground installation, provided such facilities are screened adequately; and
B.
Primary facilities, such as electric substations, providing service to the planned development or to service areas not located within the planned development. Primary facilities shall be screened or landscaped.
7.
Visibility triangle. In all planned development, visibility at all street and alley intersections shall be provided pursuant to section 23.4-4.
8.
Open space. In all planned development, sufficient areas of common open space shall be provided at each stage of development and upon completion of development. Such common open space shall include areas not covered by water.
9.
Establishment of planned development districts. Planned development districts will be established from designated existing zoning districts by amendment to the official zoning map for tracts of land suitable in location, extent, and character for the structures and uses proposed.
10.
Unified control. All land included for purpose of development within a planned development district shall be owned or under the control of the petitioner for such zoning designation, whether that petitioner be an individual, partnership or a corporation, or a group of individuals, partnerships or corporations. The petitioners shall present firm evidence of the unified control of the entire area within the proposed planned development district and shall agree that when the development proceeds:
A.
It will be in accordance with the ordinance officially adopted for the district and the regulations in effect when the planned development was approved.
B.
Agreements, contracts, or deed restrictions and covenants will be provided to the city to insure that the development will occur in accordance with the master development plan; and that the developer, his successors, assignees, or heirs, are responsible for the continued maintenance and operation of common areas and facilities, including sodding, watering down and fencing of undeveloped areas earmarked for future stages of development that are disturbed during development.
11.
Master development plan. Any petition for planned development district zoning shall be accompanied by a professionally prepared master development plan of the development comprised of at least the following elements:
A.
A site plan, drawn to acceptable scale, which shall indicate:
(1)
The title of the project and name of developer.
(2)
The scale, date, a north arrow, and a general location map.
(3)
A survey prepared by a registered surveyor, indicating the boundaries of the subject property, all existing streets, all buildings, watercourses, easements, section lines, the existing topography at a contour interval of one (1) foot or less, and other important physical features within and adjoining the proposed project.
(4)
The proposed use of all land within the project boundaries, including the location and function of all areas proposed to be dedicated or reserved for community or public use.
(5)
The location and size as appropriate, of all existing and proposed drainage, water, sewer, and other utility service systems.
(6)
The existing vegetative cover and soil conditions in sufficient detail to indicate suitability for proposed structures and uses.
B.
A written legal description of the subject property, together with names and addresses of all owners of record.
C.
Agreements, provisions or covenants which govern the use, maintenance, and continued protection of the planned development and any of its common areas or facilities.
12.
Supporting information. Applications for planned development approval shall include the following documentation:
A.
A statement indicating the manner in which the proposed project complies with the comprehensive plan;
B.
A general description of the proposed development, including the total acreage involved in the project; the number and percentage of acres devoted to various categories of land use; the number and type of dwelling units proposed and the overall project density in dwelling units per gross acre; the minimum design standards for such features as lot shape and size, building size and lot coverage, open space, off-street parking and loading, signs, and landscaping;
C.
The proposed schedule of development which identifies the anticipated project start and completion dates, stages of development (if any), and the area and location of common open space to be provided at each stage;
D.
A detailed traffic impact analysis study;
E.
A detailed market analysis study prepared pursuant to commonly accepted professional practices (this study may be required at the discretion of the city commission); and
F.
Schematic architectural drawings (floor plans, elevations, perspectives, method of attachment, etc.) of all proposed structure types and improvements in the proposed project, except detached single-family residences and related accessory buildings (at the discretion of the city commission, these drawings may be submitted in stages if the project is to be developed in stages).
13.
Professional services required. A master development plan for any proposed planned development district shall be prepared utilizing the professional services of individuals possessing appropriate licensure or registration.
14.
Application fees. Application fees for planned development districts shall be established and amended by resolution of the city commission.
c)
Residential planned developments (RPDs); special requirements.
1.
Location. RPDs may be created in any residential district.
2.
Minimum area required. The minimum area required for a residential planned development district east of Interstate 95 shall be two (2) acres. The minimum area required for a residential planned development district west of Interstate 95 shall be five (5) acres, unless otherwise provided in these LDRs. However, any area of lesser size may be approved for residential planned development zoning upon findings by the planning board or historic resources preservation board and the city commission that one (1) or more of the following conditions exists:
A.
Particular circumstances justify such reduction.
B.
Requirements for RPD zoning and the benefit to be derived from such zoning can be derived in such lesser area.
C.
Permitting such lesser area for RPD zoning is in conformity with the comprehensive plan.
3.
Permitted uses. Within any residential planned development any use permitted in the underlying zoning district is permitted.
4.
Required setbacks. Required setbacks shall be as provided in these LDRs for the zoning district in which the planned development is to be located.
5.
Parking and loading space requirements. Parking and loading spaces for all uses within a residential planned development district shall be provided as required by sections 23.4-18 and 23.4-19. No off-street parking shall be located within a required setback area.
6.
Landscaping. Landscaping, tree protection, screening and buffering shall be provided as required by section 23.6-1. However, additional landscaping, screening, and buffering may be required to provide additional privacy and protection for residents within a planned development district and adjacent property owners.
7.
Signs. Signs may be erected pursuant to the provisions of section 23.5-1.
d)
Mixed use planned development district.
1.
Location. Planned developments may be located in any mixed use district with the exception of the neighborhood commercial district. Industrial planned developments may be located in the industrial districts.
2.
Minimum area required. The minimum area required for a commercial or industrial planned development district east of Interstate 95 shall be two (2) acres. The minimum area required for a commercial or industrial planned development district west of Interstate 95 shall be five (5) acres; however, an area of lesser size may be approved for a mixed use planned development zoning upon findings by the planning and zoning board or historic resources preservation board, as applicable, and the city commission that particular circumstances justify such a reduction, and requirements for planned development district zoning and the benefit to be derived from planned development district zoning can be derived in such lesser area.
3.
Permitted uses. Permitted uses within a mixed use development are shown in Article 3 of these LDRs.
4.
Required setbacks. Required setbacks shall be as provided in these LDRs for the zoning district in which the planned development is to be located.
5.
Parking and loading space requirements. Parking and loading spaces shall be provided pursuant to Article 4 of these LDRs.
6.
Landscaping/buffering. Landscaping and buffering shall be provided as required by section 23.6-1.
7.
Illumination. Any source of illumination located within a commercial or industrial planned development district shall not exceed one (1) foot candle at or beyond the boundaries of such development.
8.
Outdoor storage. All outdoor storage facilities are prohibited in any commercial planned development district. However, this shall not apply to the following:
A.
The outdoor display of new automotive vehicles for sale or rent.
B.
The display of goods or chattels for sale or rent in a commercial planned development by an establishment having activities that occur within a building.
e)
Mixed use urban planned development district.
1.
Location. Urban planned developments may be located in any mixed use district, such as Mixed Use — East, Mixed Use — West, Mixed Use — Dixie Highway, Mixed Use — Federal Highway, Transit Oriented Development — East, Transit Oriented Development — West and Downtown with the exception of the neighborhood commercial district. Industrial planned developments are not allowed as a mixed use urban planned development.
2.
Minimum area required. The minimum area required for an urban planned development district shall be one-half (0.5) acres.
3.
Permitted uses. Permitted uses within a mixed use urban development are shown in article 3 of these LDRs. An urban planned development may be residential alone or may be any mixture of residential, retail, commercial, office, personal services, institutional, and cultural and artisanal arts or other uses specifically listed with the use tables of section 23.3-6 for the districts where the planned development is to be located.
4.
Required setbacks. Required setbacks shall be as provided in these LDRs for the zoning district in which the planned development is to be located.
5.
Parking and loading space requirements. Parking and loading spaces shall be provided pursuant to article 4 of these LDRs.
6.
Landscaping/buffering. Landscaping and buffering shall be provided as required by section 23.6-1.
7.
Illumination. Any source of illumination located within a commercial or industrial planned development district shall not exceed one (1) foot candle at or beyond the boundaries of such development.
8.
Outdoor storage. All outdoor storage facilities are prohibited in any mixed use urban planned development district.
9.
Sustainability. All mixed use urban planned development districts shall include provisions for sustainability features such as those listed in section 23.2-33, City of Lake Worth Sustainable Bonus Incentive Program.
f)
Amendments to approved planned development master plans. Minor amendments to existing planned development master plan may be approved by the development review official. Minor changes shall not include the following:
1.
An increase in the total square footage of any building by more than five (5) percent the number of residential dwelling units, or the densities as specified by the adopted master plan. However, a decrease in the total square footage of any building, or reduction of the number of structures, stories or units as specified by the master plan may be approved as minor amendments.
2.
Any boundary change of the planned development.
3.
Any change, except as provided herein, in the adopted master plan that increases the use in intensity or density. Rearrangement of uses or locations on a property may be permitted unless they conflict with a specific provision or the adopted planned development ordinance.
4.
The relocation of more than five (5) percent of the total square footage indicated as being covered by structures.
5.
Any increase in the traffic impact above that established in the master plan approved by the city commission.
g)
City of Lake Worth Beach Transfer Development Rights (TDR) Program.
1.
Incorporation of transferred developed rights from city-owned properties with a future land use designation of Public (P) shall be required in order to obtain the following:
A.
One additional story of no more than fifteen (15) feet in overall height.
B.
An increase in overall density of ten (10) units per acre.
C.
An increase in overall floor area ratio (FAR) of ten (10) percent.
2.
The additional story, height, density and/or floor area ratio available under the TDR program will be in addition to any maximums allowed under the city's sustainable bonus incentive program.
3.
Projects incorporating transfer development rights may be located anywhere in the city predicated on the following:
A.
For projects east of Dixie Highway transfer development rights may increase density by up to ten (10) units per acre.
B.
For projects west of Dixie Highway transfer development rights may increase density by up to ten (10) units per acre, provide for one additional story of not more than fifteen (15) feet in height, and/or increase overall FAR by up to ten (10) percent.
4.
Projects incorporating transfer development rights must be a mixed use urban planned development, planned development, mixed use planned development or residential planned development.
5.
Projects must have incorporated all of the density, height and intensity bonuses available under the sustainable bonus program prior to being eligible for the transfer development rights program.
(Ord. No. 2015-12, § 4(Exh. C), 10-6-15; Ord. No. 2018-10, § 9(Exh. H), 7-17-18; Ord. No. 2019-14, § 4(Exh. C), 12-3-19; Ord. No. 2020-07, § 4(Exh. C), 6-16-20)
Sec. 23.3-26. - P—Public.
a)
Intent. The "public district" designates locations for public schools and municipal facilities including City Hall, City Hall Annex, Lake Worth Public Library, Pine Crest Cemetery and the reclaimed landfill site at the southern city limits. It also provides for publicly owned utility facilities. Because of the diverse variety of uses permitted in the "public district" and the mapping of the district throughout the city, all uses are permitted as conditional uses. The P public district implements the P public land use category of the Lake Worth Comprehensive Plan.
b)
Use restrictions. Uses permitted by right and as conditional uses shall be subject to the applicable provisions of Article 4, Development Standards.
1.
Principal uses permitted by right in P public district. No uses are permitted by right in the P public district. All principal uses shall be subject to conditional use review.
2.
Principal uses permitted as conditional uses in P public district.
A.
Office uses - low to high intensity.
B.
Institutional uses - low to high intensity.
C.
Public uses, including recreational facilities - low to high intensity.
D.
Cultural & Artisanal uses, including radio and television broadcasting studios & assembly uses such as a performing arts theater - low to high intensity.
E.
Vehicular & Industrial uses in support of governmental & school/educational operations, including warehouse (indoor storage) and repair and maintenance facilities - low to high intensity.
F.
Heavy utility facilities.
G.
Light utility facilities.
H.
Marinas.
I.
Power generation facilities and substations.
J.
Public safety facilities, including fire stations and police stations.
K.
Water towers.
L.
Essential services.
M.
Communication towers.
N.
Cemeteries.
O.
Community facilities such as community centers, nature centers, community gardens, libraries, museums, and ballroom, banquet, and meeting rooms.
P.
Outdoor Markets and Mobile Food Vending Courts.
3.
Accessory uses permitted as either administrative or conditional uses in P public district. Any use accessory to and customarily incidental to a permitted principal use, including commercial, retail and educational uses, permitted as either an administrative if less than 2,500 square feet, or as a conditional use if greater than 2,500 square feet.
c)
Development regulations for P public district sites which lie adjacent to land zoned for residential use. P public district sites which lie adjacent to any parcel zoned with a district with the term "residential" in its name shall be subject to minimum development regulations as set forth below, or by higher development regulations if determined necessary pursuant to conditional use review and approval. All new public buildings shall use green/sustainable building design and obtain LEED certification.
1.
Minimum lot dimension for P public district.
A.
Minimum lot area: Six thousand five hundred (6,500) square feet.
B.
Minimum lot width: Fifty (50) feet.
2.
Maximum height of buildings in P public district.
A.
Principal building: Sixty-five (65) feet.
B.
Garages and other accessory buildings: Twenty-five (25) feet.
3.
Minimum setbacks for building in P public district.
A.
Minimum front setback: Twenty (20) feet.
B.
Minimum side setback:
(1)
From street side lot lines: Twenty (20) feet.
(2)
From interior side lot lines adjacent to land zoned in any district other than a district with the term "residential" in its name: none.
(3)
From interior side lot lines adjacent to land zoned in any district with the term "residential" in its name: Ten (10) feet.
C.
Minimum rear setback: Ten (10) feet.
D.
Buildings in excess of thirty-five (35) feet in height shall provide an additional front and rear setback of between eight (8) and twelve (12) feet to the minimum required front and rear setbacks.
4.
Floor area ratio. The maximum FAR is 2.0.
5.
Maximum impermeable surface for use in P public district. The maximum permitted impermeable surface for nonresidential uses in the P public district shall be sixty-five (65) percent.
d)
Development regulations for P public district sites which do not lie adjacent to land zoned for residential use. P public district sites which do not lie adjacent to any parcel zoned with a district with the term "residential" in its name shall be subject to minimum development regulations as set forth in the most restrictive adjacent district.
e)
Supplemental regulations for the P public district. All uses shall be subject to applicable provisions of Article 4, Development Standards.
(Ord. No. 2022-20, § 2, 1-3-23)
Sec. 23.3-27. - PROS—Public recreation and open space.
a)
Intent. The public recreation and open space district designate locations for parks and other outdoor open space areas intended for active and passive use. The district implements the public recreation and open space land use category in the Lake Worth Comprehensive Plan.
b)
Use restrictions. Uses permitted by right and as conditional uses shall be subject to the applicable provisions of Article 4, Development Standards.
1.
Principal uses permitted by right in PROS district.
A.
Parks and other outdoor open space areas intended for passive use.
B.
Essential services.
2.
Principal uses permitted as conditional uses.
A.
Public uses - medium to high intensity.
B.
Institutional uses - medium to high intensity.
C.
Cemetery.
D.
Gymnastic studios/training facilities & gym/studio for dance or fitness.
E.
Ballroom, banquet and meeting rooms.
F.
Governmental Administrative Office.
3.
Accessory uses permitted by right. Any use accessory to and customarily incidental to a principal use permitted by right.
4.
Accessory uses permitted as either administrative or conditional uses in PROS district. Any use accessory to and customarily incidental to a principal use permitted as a conditional use shall be permitted as either an administrative use if less than 2,500 square feet, or as a conditional use if greater than 2,500 square feet.
c)
Development regulations.
1.
Height: Thirty-five (35) feet.
2.
Setback: Twenty (20) feet from all lot lines.
3.
Floor area ratio: Maximum FAR of 0.1.
(Ord. No. 2022-20, § 3, 1-3-23)
Sec. 23.3-28. - C—Conservation.
a)
Intent. The C conservation district is intended to provide standards for the protection and preservation of areas having natural beauty and to mitigate the effects of development on the environment. A conservation area designation can be applied to a tract of land to provide protected status in order to ensure that natural features or biota are safeguarded. A conservation area may be a nature reserve, a park, a land reclamation project or other area.
b)
Use restrictions. Uses permitted by right and as either administrative or conditional uses shall be subject to the applicable provisions of Article 4, Development Standards.
1.
Permitted uses by right. No uses are permitted by right in the C - conservation district. All uses shall be subject to conditional use review.
2.
Uses permitted as conditional uses.
A.
Botanical research and education.
B.
Marine uses, kayak, canoe and other non-motorized watercraft.
C.
Marine research and education.
D.
Marinas and associated uses.
E.
Limited dockage.
F.
Nature, foot and bicycle trails.
G.
Public and private nature preserves.
H.
Public parks.
I.
Water conservation areas, reservoirs and control structures.
J.
Accessory structures not exceeding five hundred (500) square feet.
K.
Accessory uses in support of the intent of the district that facilitate public access to the conservation area, including nature and welcome centers.
c)
Prohibited uses. The following uses are prohibited in the CON conservation district:
1.
Wheeled or tracked vehicles, prop (agitation) dredging and airboats are prohibited. Government and emergency vehicles are exempt.
2.
Any use which has an adverse impact upon the habitat, bird roosting areas, archaeological sites, endangered or threatened wildlife species causing the deterioration of the habitat, physical alteration of the environment, or prohibiting the propagation or causing the extermination thereof is prohibited.
d)
Development regulations.
1.
Height: Thirty-five (35) feet.
2.
Setback: Twenty (20) feet from all lot lines.
(Ord. No. 2022-20, § 4, 1-3-23)
Sec. 23.3-29. - Cultural arts district overlay.
a)
Intent. The purpose of the Lake Worth Beach Cultural Arts Overlay District, also referred to as the "Arts Overlay District" or the "Arts District" is to provide an optional set of land development regulations for single family and two family dwellings in a targeted sub-area of the city's Downtown, Mixed Use - East, Mixed Use - Dixie Highway, TOD-E, Artisanal Industrial and residential areas in close proximity to these zoning districts. The establishment of an arts district provides for regulations that are more responsive to the needs of artists in the community, encourages more owner-occupied dwellings in this geographic area and expands the economic opportunities for home owners, property owners, and artists.
b)
Applicability. The following area of the city is hereby established as the cultural arts overlay district:
The area bounded on the east by Dixie Highway, on the south by 6 th Avenue South, on the west by the alley west of "F" street, and on the north by 3 rd Avenue North.
c)
Use restrictions. Refer to the permitted use table at section 23.3-6 for a complete list of uses, which includes those uses allowed by the underlying zoning district.
1.
Principal uses permitted by administrative use.
A.
Artisan studio.
B.
Arts and crafts studio.
C.
Art gallery.
D.
Bakery.
E.
Ceramics Studio with kiln.
F.
Ceramics Studio without kiln.
G.
Commissary kitchen.
H.
Craft gallery.
I.
Custom jewelry fabrication/studio.
J.
Photography studio.
K.
Photography gallery (including picture framing).
L.
Pottery shop/studio.
M.
Recording studio.
N.
Sculpture studio with kiln.
O.
Sculpture studio without kiln.
P.
Stained glass studio.
2.
General.
A.
The provisions of the arts overlay district shall be available through the administrative use process (See section 23.2-128 (b)) for parcels containing a single-family detached dwelling unit, with or without an accessory dwelling unit, or a two-family dwelling unit.
i.
Parcels with a two-family dwelling unit shall be owned by the same person or entity.
ii.
Parcels with multi-family units may be converted to a single-family or two-family unit in order to comply with this section.
B.
Existing nonconforming dwellings within this overlay may be used for this purpose so long as the building footprint or building area is not expanded or additional residential structures added to the lot.
C.
Using the provisions of the arts district can benefit a property owner by allowing greater intensity and variety of uses than would otherwise be allowed in the base Zoning District.
D.
The use of the arts overlay district is optional. However, if the owner or artist opts to use the arts overlay district, the provisions and requirements of the arts district must be used in their entirety. An owner or artist may not select only specific elements from the arts overlay district regulations.
E.
Not all types of arts uses will be appropriate for the residential areas eligible for the optional arts district. The addition of arts uses can be very compatible and add to the character of a neighborhood, but some more intensive uses with negative impacts such as noise, fumes, dust or hours of operation will not be suitable for location in the arts district.
F.
Section 23.2.28, "home occupations", does not apply to arts related businesses regulated in this overlay district.
G.
In addition to the standards provided in this section, all applicable standards and reviews must be met for properties located within a historic district.
H.
To the extent that the arts district does not address a specific development requirement, the regulations contained in the base zoning district and in the entirety of these LDRs shall apply.
d)
Development regulations.
1.
Design and performance standards.
A.
Dwelling units in the arts overlay district must be owner occupied.
B.
For a single-artist studio in a single family dwelling unit, the artist must be a resident in the dwelling unit. For a single-artist studio in a two-family dwelling, the artist must be a resident in one (1) of the dwelling units.
C.
For a multiple-artists studio as a permitted use, the maximum number of artists allowed shall be two (2) and both artists must be full time residents in the dwelling unit.
D.
No additional dwelling units shall be created and no accessory structures shall be used for living purposes, unless said accessory structure is an approved dwelling unit.
E.
No more than one (1) non-resident employee is permitted per artist.
F.
Notwithstanding section 23-4.6 "home occupations", up to fifty (50) percent of the dwelling unit may be used for the arts related business.
2.
Outdoor storage. Outdoor storage shall comply with section 23.4-19. All materials and work products related to the arts related business must be stored in an enclosed building.
3.
Outdoor impacts.
A.
Any creation of art that generates excessive noise or is not compliant with section 15-24 of the Code or otherwise not in keeping with noise levels appropriate to a residential zoning district, is prohibited. Noise generating activities must be located in a completely enclosed building that attenuates the noise.
B.
Excessive lights, dust, fumes, odors, and vibrations are prohibited unless the impacts are mitigated and the activity is located in a completely enclosed building that attenuates the lights, dust, fumes, odors and vibrations. Excessive lights, dust, fumes, odors and vibrations are those that due to intensity, frequency, or duration disrupt the ability of the neighbors to enjoy and use their property.
4.
Solid waste disposal. All solid waste shall be disposed of in individual residential pick-up containers. Dumpsters are not permitted.
5.
Parking.
A.
No additional parking is required for a single-artist studio.
B.
For all other arts related businesses, one (1) additional parking space shall be provided for every five hundred (500) square feet or portion thereof of the arts related business.
C.
Additional required parking may be located either on-site or immediately adjacent to the lot on the public street.
D.
If additional on-site parking is added, it shall be located behind the front building line unless approved through a conditional use permit.
6.
Signage.
A.
One (1) permanent sign to identify the arts use shall be allowed. The sign may be a wall sign, a projecting sign, or a freestanding sign, and shall not exceed four (4) square feet in area.
B.
One (1) directional sign is allowed, not to exceed four (4) feet in height and three (3) square feet in area.
C.
A wall sign may be attached as follows:
i.
Attached to the façade of the main building.
ii.
Attached to a structure containing an arts studio.
iii.
Attached to a fence on the property, provided it does not impede pedestrians or impact sight distances.
D.
The projecting sign may be hung from a porch or other portion of the main structure or studio. No portion of any sign is allowed above the first floor.
E.
A freestanding sign shall be a maximum of five (5) feet in height. Such freestanding sign may be placed within five (5) feet of the property line provided that the sign does not impede pedestrians or impact sight distances. A freestanding sign may be a pole sign, but may not be a monument sign.
F.
Signs may be double-sided.
G.
Changeable copy is not allowed.
H.
Sign illumination.
i.
The sign may only be illuminated externally.
ii.
No internal illumination, either of a sign box or individual channel letters, shall be allowed.
iii.
Illumination is allowed when the arts use is open for business.
iv.
No light source shall create an unduly distracting or hazardous condition to a motorist, pedestrian or the general public.
v.
Lighted signs shall be placed, shielded or deflected so as not to shine into residential dwelling units or structures, or impair the road vision of the driver of any vehicle.
vi.
Light sources for a sign shall be directed and shielded to limit direct illumination of any object other than the sign.
vii.
Neon signage is not allowed.
viii.
Strip lighting is not allowed.
I.
Alterations to the sign regulations contained in the arts overlay district may be requested as part of a conditional use permit. This can include a greater number or size of signs, location of signs or the use of artistic sign embellishments.
7.
Hours of operation. The hours of operation related to activities associated with an arts related business that is open to the public are as follows: Sunday through Thursday between 9:00 a.m. and 7:00 p.m. and Friday and Saturday between 9:00 a.m. and 9:00 p.m., except as may be allowed during a special event or otherwise approved by the city.
8.
Outdoor cultural events and performances. Outdoor events or performances that are open to the public and that feature visual art, music, dance, theater, performance art, science, design or cultural heritage are permitted, subject to the following:
A.
The outdoor event or performance must be presented by an existing business on the property and must comply with all applicable codes and ordinances.
B.
The business' regularly stocked items may be displayed outdoors and be available for purchase during the event or performance but payment for all items shall occur indoors. No other items may be displayed for sale outdoors during the event or performance.
C.
Outdoor events or performances are limited to Fridays, Saturdays and Sundays only.
D.
Friday and Saturday outdoor events or performances shall be limited to the hours between 10:00 a.m. and 10:00 p.m. No amplified music or loudspeakers may be used outside after 10:00 p.m.
E.
Sunday outdoor events or performances shall be limited to the hours between 10:00 a.m. and 10:00 p.m. No amplified music or loudspeakers may be used outside after 8:00 p.m.
F.
Hours and days of outdoor events or performances may be extended subject to obtaining a use permit in accordance with the standards and procedures of the development review official section of the zoning ordinance.
G.
Outdoor events or performances shall be a minimum of one hundred (100) feet from a single-family residential zoning district.
H.
Not more than twelve (12) art-related, arts district wide special events may be held in any one (1) calendar year.
(Ord. No. 2020-02, § 3, 3-3-20)
Sec. 23.3-30. - FEC corridor district overlay.
a)
Intent. The FEC corridor district overlay is designed for the narrow lots located directly east of and adjacent to the FEC railroad tracks and west of North G Street, between 3rd Avenue North and 13th Avenue North. These lots are zoned MU-DH Mixed Use - Dixie Highway, TOD-E Transit Oriented Development - East and AI Artisanal Industrial; however, their small size and configuration makes development challenging. The overlay district allows additional uses that could be appropriately developed on these irregular nonconforming lots. Use of an overlay district also allows for the lots to retain their underlying zoning and, therefore, potentially be developed as part of larger mixed use, TOD, or artisanal industrial projects.
b)
Use restrictions. Refer to the permitted use table at section 23.3-6 for a complete list of uses, which are in addition to those uses allowed by the underlying zoning district.
1.
Dead storage mini warehouse facilities.
2.
Mobile food vending courts.
3.
Open air farmer's market or produce market.
c)
Development regulations. In addition to the development regulations of the underlying zoning district, the lots are afforded the following specific setbacks.
1.
Front setback: Eight (8) feet for North G Street frontages.
2.
Street side setback: Twenty (20) feet for street frontages other than Tenth Avenue North and North G Street.
3.
Tenth Avenue North setback: minimum of ten (10) feet and maximum of twenty-two (22) feet and shall apply to both buildings and parking areas.
4.
Rear setback: Three (3) feet for FEC right-of-way frontages. A planting buffer shall be installed within the three-foot buffer.
(Ord. No. 2014-22, § 16(Exh. O), 9-9-14)
Sec. 23.3-31. - Hotel district overlay.
a)
Intent. The hotel district overlay is intended to provide a mechanism through a conditional land use process to encourage and facilitate hotels or motels of at least fifty (50) rooms as individual projects or as part of an overall mixed use project. The area is bounded by Golfview Road to the east, Federal Highway to the west, First Avenue South to the south, and Second Avenue North to the north and includes only those lots with the underlying zoning classification of DT designation as depicted on the official zoning map on file in the office of the planning, zoning and preservation division.
b)
Use restrictions. There are no additional uses permitted by right provided. Refer to the permitted use table at section 23.3-6 for a complete list of uses.
c)
Development regulations. In addition to the development regulations of the underlying zoning district, a hotel or motel project inclusive of at least fifty (50) hotel rooms are afforded the following through approval of a conditional land use.
1.
Height: Up to sixty-five (65) feet and six (6) stories.
2.
FAR: Up to 2.2 under the Sustainable Bonus Incentive Program.
d)
Variance prohibition. There shall be no variances granted with regard to either height or FAR within the district.