a)

Purpose. It is the purpose of this section to provide regulations and standards for the establishment of a secondary dwelling unit within designated residential zoning districts that permit this use, and on properties that minimum lot requirements.

b)

Design standards. All secondary dwelling units shall conform to the following standards:

1.

Existing development on lot. A single-family dwelling must currently exist on the lot or will be constructed in conjunction with the secondary unit.

2.

Number of secondary units per parcel. Only one (1) secondary dwelling unit shall be allowed for each parcel.

3.

Unit size.

(a)

The habitable floor area for secondary units shall not exceed sixty (60) percent of the habitable floor area of the primary residence with a maximum unit size of one thousand (1,000) square feet unless a waiver is granted to this subsection for the purpose of providing affordable/workforce housing, or to allow for an accommodation for accessibility. However, in no case shall a waiver related to these purposes allow the size of the secondary dwelling unit to exceed the size of the principal structure. See section 23.2-27.

(b)

The minimum unit size shall be four hundred (400) square feet for an efficiency, six hundred (600) square feet for one (1) bedroom, seven-hundred and fifty (750) square feet for two (2) bedrooms, and nine hundred (900) square feet for three (3) bedrooms.

4.

Accessory structure/s maximum total area. The total area of all accessory structures for properties with both detached accessory structure/s and a secondary dwelling unit shall not exceed sixty (60) percent of the total area of the primary building, including any attached structures having a roof.

5.

Setbacks for detached secondary dwelling units. The side-yard setback for detached single story structures containing a secondary dwelling unit shall not be less than three (3) feet. The rear-yard setback for detached single story structures containing a secondary dwelling unit shall not be less than five (5) feet. Secondary units higher than one (1) story shall provide side yard setbacks of five (5) feet and rear yard setbacks of ten (10) feet. If any portion of a secondary dwelling unit is located in front of the main building, then the front and side yard setbacks shall be the same as a main building in the zoning district. The distance between buildings on the same lot must be a minimum of ten (10) feet. Secondary dwelling units are not eligible for variances or waivers for minimum building separation.

6.

In zoning districts where secondary dwelling units are currently permitted, a waiver of land development regulations related to the construction of an accessory dwelling unit may be granted as part of a certificate of appropriateness to allow for the conversion of a contributing accessory structure in a designated historic district or landmark accessory structure to a secondary dwelling unit, or to allow for a larger newly constructed secondary dwelling unit in support of preservation of all sides of a contributing or landmark principal structure. See applicable waiver sections 23.2-27 and 23.5-4 of these LDRs.

7.

Secondary dwelling units shall comply with the more restrictive of either the requirements in this section or the regulating zoning district unless otherwise stated.

8.

Design. The design of the secondary unit shall relate to the design of the primary residence by use of the similar exterior wall materials, window types, door and window trims, roofing materials and roof pitch, and shall be compatible in architectural style.

9.

Minimum housing code. All secondary dwelling units shall meet the city's established minimum housing code requirements.

(Ord. No. 2020-20, § 5(Exh. D), 2-16-21; Ord. No. 2023-06, § 10(Exh. I), 8-15-23)

a)

Generally. Dockage space and facilities for mooring pleasure boats, yachts and noncommercial watercraft may be permitted in any district on any waterway and as an accessory use to a residential occupancy of a lot, where such boats are used by the occupants of the premises.

b)

Compliance with applicable building code requirements. For the protection of adjacent properties, such dockage facilities shall be designed by a registered engineer and shall conform to the applicable building code requirements. All state and federal approvals must be given prior to the obtaining of a building permit from the City of Lake Worth.

c)

Proximity to other residentially zoned property. No dock shall extend nearer than ten (10) feet to the lot line of any other residentially zoned property.

d)

Prohibited uses.

1.

No boat or watercraft of any kind shall be maintained or used as a place of residence within the city limits.

2.

Boat houses.

3.

Fueling facilities.

4.

Any commercial use.

e)

Additional conditions and safeguards. The city may prescribe appropriate additional conditions and safeguards to minimize adverse effects on the character of the surrounding area or the estuary such as impeding estuarine circulation.

a)

Purpose. The purpose of this section is to provide for regulations for outdoor lighting that will permit reasonable uses of lighting for nighttime safety, utility, security, productivity, enjoyment and commerce. Further, this section shall strive to:

1.

Conserve energy and resources to the greatest extent possible;

2.

Minimize adverse off-site impacts, including light trespass and obtrusive light;

3.

Curtail light pollution and preserve the nighttime environment; and

4.

Help protect the natural environment from the adverse effects of nighttime lighting from electric sources.

b)

Conformance with all applicable codes. All outdoor lighting shall be installed in conformance with the provisions of this chapter, applicable electrical and energy codes, and applicable sections of the building code.

c)

Design and location.

1.

All outdoor lighting in all zoning districts used to light the general area of a specific site shall be shielded to reduce glare and shall be so located and arranged so as to reflect lights away from all adjacent residential districts, adjacent residences or public thoroughfares.

2.

All outdoor lighting in all zoning districts shall be directed toward the ground or the façade of a building.

3.

All lighting used for the external illumination of buildings, so as to feature said buildings, shall be placed and shielded so as not to interfere with the vision of motor vehicle operators or pedestrians.

4.

High intensity lighting may be used to illuminate parking areas and to promote security, where needed. However, such lighting shall be shielded and located so as not to allow light trespass upon neighboring residential properties or districts in excess of 12.57 lumens when measured on that property.

5.

No illuminated signs or any other outdoor feature shall be of a flashing, moving, or intermittent type. Artificial light shall be maintained stationary and constant in intensity and color at all times when in use.

6.

Lighting shall be arranged to eliminate conflicts with safe traffic and pedestrian movements.

7.

Lighting is not to be used as a form of advertising in a manner that is not compatible to the neighborhood or in a manner that draws considerably more attention to the building or grounds at night than in the day.

8.

Lighting following the form of the building or part of the building will not be allowed if the overall effect will be detrimental to the environment or contrary to the architectural style of the building.

9.

Lighting on a building shall be compatible with the architectural style of the building. Any lighting proposed for decorative or artistic purposes shall be appropriate to both the use and function of the building as well as its architectural style.

d)

String lights.

1.

String lights and those substantially similar shall be permitted in all zoning districts throughout the city.

2.

String lights shall be dark sky compliant, when possible, and the light shall be shielded so not to trespass upon adjacent residential properties or districts in excess of 12.57 lumens when measured at the property line.

3.

String lights shall not illuminate any area of the beach or dune during the period of the year when sea turtles nest (March 1 to October 31) or shall be lamped with a long wavelength light source, such as amber or red light emitting diodes (LED), low pressure sodium, or true red neon. It has been recommended by the Florida Fish and Wildlife Conservation Commission that no such light source emit light below five hundred sixty (560) nanometers (nm).

4.

String lights shall be maintained in a steady state as either on or off and shall not be set to any mode that allows flashing, pulsing, blinking, or other intermittent lighting. During the month of December each year, an exception shall be made to this provision to allow for string lights with intermittent lighting.

(Ord. No. 2016-13, § 7(Exh. F), 5-17-16; Ord. No. 2024-06, § 11(Exh. J), 5-21-24)

a)

General provisions. For the purpose of this section, fences, walls, and gates shall be constructed to meet the requirements and standards contained in this section.

b)

Design. All fences, gates and/or walls adjacent to a major thoroughfare shall be designed in a manner that complements, supports and harmonizes with the proposed and/or existing architecture. For sites with a mix of uses, the most restrictive requirements shall apply.

c)

Materials. Except as may be otherwise provided in these LDRs, walls or fences may be constructed of the following; stone; brick, coral rock; flagstone; concrete block or reinforced concrete stuccoed on both sides; precast concrete; ornamental or architectural concrete block; cedar; bamboo; cypress or redwood; treated wood (not on walls); chain link (black or dark green vinyl coated); aluminum; wrought iron; galvanized steel; glass block; porcelain or glass tile; and, vinyl, fiberglass or similar material. Use of materials that are not specifically mentioned require the approval of the zoning administrator or designee but shall not be limited to those listed above unless otherwise prohibited in these LDRs. The following uses and materials shall be expressly prohibited in all zoning districts:

1.

No fence or wall shall be electrically charged.

2.

Barbed wire, razor wire, chicken wire, sharp or protruding objects shall not be permitted on any fence or wall for any residential use or in any residential district or in any mixed use district.

3.

No materials intended for temporary use are permitted for permanent use.

4.

The following shall be prohibited from use on any wall: rubble, concrete test cylinders, scrap metal of any kind, broken glass, or any other sharp particles.

5.

Chain link that is not vinyl coated (black or dark green) and/or with barbs.

d)

Single-family and two-family residential uses.

1.

Height limitations.

A.

On the front property line and on that portion of the side property line from the front property line to the front building setback line, a fence or wall shall have a maximum height of four (4) feet from the natural grade of the lot. (See definitions.)

B.

On the rear property line adjacent to an alley, a fence or wall shall have a maximum height of eight (8) feet from the natural grade of the lot.

C.

On the rear property line (not adjacent to an alley) and on that portion of the side property line from the rear property line to the front building setback line, a fence or wall shall have a maximum height of six (6) feet from the natural grade of the lot.

D.

Along side and rear property lines adjacent to roadways (except alleys) a fence or wall placed at the property line shall have a maximum height of four (4) feet. Fencing over four feet in height, up to a maximum height of six (6) feet, must be set back a minimum of thirty (30) inches from the property line providing a landscape screen maintained at a minimum height of twenty-four (24) inches (see definitions). Walls over four (4) feet in height, up to a maximum height of six (6) feet, must be set back a minimum of five (5) feet from the property line providing a landscape screen maintained at a minimum height of twenty-four (24) inches. (See definitions.)

E.

Decorative accents, such as column caps or finials, may extend an additional six (6) inches above the allowable wall or fence height.

2.

Wall construction. Regulations in these LDRs which apply to fences regarding height, location and appearance shall apply to wall construction unless otherwise noted in these LDRs.

3.

Fences.

A.

All fences unless otherwise provided herein, shall be symmetrical in appearance and conforming to a definite pattern and uniform design. The same shall be kept in good repair. The finished side of all fences shall be constructed to face toward the adjacent property, street, or alley. All fences shall comply with height limitations and follow the slope of the natural grade.

B.

Chain link fences are not permitted in front of the front building setback line or on portions of a property abutting public rights-of-way except alleys. Replacement of existing chain link fences shall comply with current standards.

4.

Gates and gateposts.

A.

Gates and gateposts shall not exceed a height of two (2) feet above the allowable fence height for the location.

B.

Gateposts not exceeding three (3) feet in any horizontal dimension may be erected or constructed in connection with the erection or construction of a wall, fence, or in connection with an existing or proposed hedge.

C.

Rolling, swing, or electronic gates leading to a driveway, and/or parking space(s) shall be located a minimum of five (5) feet from the property line. The minimum distance may be increased in the event the city engineer determines traffic safety so requires. Such increase shall be based on a gate queuing analysis performed by a certified traffic engineer to be provided by the applicant.

D.

Gated complexes/communities shall provide for separate resident and visitor entries, where feasible, to allow efficient movement of automobiles from the public right-of-way onto the premises.

E.

Gates shall only provide access to the property listed on the permit application. Gates shall not be located so as to provide access to a neighboring property or the Municipal Golf Course.

5.

Waterfront setback. No solid opaque fencing of any type shall be erected within fifteen (15) feet of the bulkhead or mean high water line of any properties adjacent to waterfronts.

6.

Entrance arbor, trellis, pergola, or arch.

A.

One (1) entrance arbor, trellis, pergola or arch shall be allowed at the front of a property or two (2) shall be allowed for dual frontage properties.

B.

Overall height of any entrance feature shall not exceed eight (8) feet in height.

C.

Overall width of entrance feature shall not exceed ten (10) percent of the overall width of the property frontage or ten (10) feet, whichever is less.

e)

Multi-family residential uses.

1.

Height limitations.

A.

On the front property line and on that portion of the side property line from the front property line to the front building setback line, a fence or wall shall have a maximum height of six (6) feet from the natural grade of the lot. (See definitions.)

B.

On the rear property line and on that portion of the side property line from the rear property line to the front building setback line, a fence or wall shall have a maximum height of six (6) feet from the natural grade of the lot.

C.

Along side and rear property lines adjacent to roadways (except alleys) a fence or wall placed at the property line shall have a maximum height of four (4) feet. Fencing over four (4) feet in height, up to a maximum height of six (6) feet, must be set back a minimum of thirty (30) inches from the property line providing a landscape screen maintained at a minimum height of twenty-four (24) inches (see definitions). Walls over four (4) feet in height, up to a maximum height of six (6) feet, must be set back a minimum of five (5) feet from the property line providing a landscape screen maintained at a minimum height of twenty-four (24) inches. (See definitions.)

D.

Decorative accents, such as column caps or finials, may extend an additional six (6) inches above the allowable wall or fence height.

2.

Wall construction. Regulations in these LDRs which apply to fences regarding height, location and appearance shall apply to wall construction unless otherwise noted in these LDRs.

3.

Fences.

A.

All fences unless otherwise provided herein, shall be symmetrical in appearance and conforming to a definite pattern and uniform design. The same shall be kept in good repair. The finished side of all fences shall be constructed to face toward the adjacent property, street, or alley. All fences shall comply with height limitations and follow the slope of the natural grade.

B.

Chain link fences are not permitted in front of the front building setback line or on portions of a property abutting public rights-of-way except alleys. Replacement of existing chain link fences shall comply with current standards. Chain link fences or portion thereof visible from a right-of-way including alleys shall require a landscape screen of shrub hedging or other continuous decorative landscaping on the side of the fence facing the public right-of-way that is a minimum height of twenty-four (24) inches at installation and shall be maintained at no less than three-fourths (¾) of the total height of the fence.

4.

Gates and gateposts.

A.

Gates and gateposts shall not exceed a height of two (2) feet above the allowable fence height for the location.

B.

Gateposts not exceeding three (3) feet in any horizontal dimension may be erected or constructed in connection with the erection or construction of a wall, fence, or in connection with an existing or proposed hedge.

C.

Rolling, swing, or electronic gates leading to a driveway, parking space, and/or parking lot shall be located a minimum of five (5) feet from the property line. The minimum distance may be increased in the event the city engineer determines traffic safety so requires. Such increase shall be based on a gate queuing analysis from a certified traffic consultant to be provided by the applicant.

D.

Gated complexes/communities should provide for separate resident and visitor entries, where feasible, to allow efficient movement of automobiles from the public right-of-way onto the premises.

E.

Gates shall only provide access to the property listed on the permit application. Gates shall not be located so as to provide access to a neighboring property or the Municipal Golf Course.

5.

Piers.

A.

Piers shall not exceed a height of two (2) feet above the allowable fence height for the location.

B.

The total width of all piers along a property frontage shall not exceed twenty (20) percent of the overall length of the property frontage.

6.

Entrance arbor, trellis, pergola, or arch.

A.

One (1) entrance arbor, trellis, pergola or arch shall be allowed at the front of a property or two (2) shall be allowed for dual frontage properties.

B.

Overall height of any entrance feature shall not exceed eight (8) feet in height.

C.

Overall width of entrance feature shall not exceed ten (10) percent of the overall width of the property frontage or ten (10) feet, whichever is less.

7.

Waterfront setback. No solid opaque fencing of any type shall be erected within fifteen (15) feet of the bulkhead or mean high water line of any properties adjacent to waterfronts.

f)

Commercial/vehicular/non-residential uses.

1.

All fences, walls, and hedges shall have a maximum height of six (6) feet. Except as otherwise provided herein, all fences and walls shall be set back to the minimum building setback line on the front of the lot for traffic vision purposes and hedges within the front setback area shall be a maximum of thirty (30) inches in height from the edge of the street or alley surface.

2.

Where outdoor storage areas are permitted, they shall be screened and visually shielded from a street, alley, or abutting property by a masonry wall, opaque ornamental fence, or dense hedge of at least six (6) feet, but no more than eight (8) feet in height, except for that portion thereof located in the visibility triangle, in which case the provisions of subsection m, visibility triangle, shall apply. All screening material is subject to approval by the building official and shall be installed in a professional manner.

3.

Chain link fences are not permitted in front of the front building setback line or on a portion of a property abutting public rights-of-way except alleys. Replacement of existing chain link fences shall comply with current standards. Chain link fences or portion thereof visible from a right-of-way including alleys shall require a landscape screen of shrub hedging or other continuous decorative landscaping on the side of the fence facing the public right-of-way that is a minimum height of twenty-four (24) inches or one-third (⅓) of the height of the fence at installation whichever is greater and shall be maintained at no less than three-fourths (¾) of the total height of the fence.

4.

Electronic security gates and keypad/call boxes shall be located a minimum of 25 feet from the property line/right-of-way to prevent stacking of automobiles in the public right-of-way. The minimum queuing distance may be increased in the event the city engineer determines traffic safety so requires. Such increase shall be based on a gate queuing analysis performed by a certified traffic consultant to be provided by the applicant.

5.

Gated complexes/communities shall provide for separate resident and visitor entries, where feasible, to allow efficient movement of automobiles from the public right-of-way onto the premises.

6.

Gates and gateposts shall not exceed a height of two (2) feet above the allowable fence height for the location. Gates shall only provide access to the property listed on the permit application. Gates shall not be located so as to provide access to a neighboring property or the Municipal Golf Course.

g)

Industrial uses.

1.

Chain link fences are not permitted in front of the front building setback line or on property abutting public rights-of-way except alleys. Replacement of existing chain link fences shall comply with current standards. Chain link fences or portion thereof visible from rights-of-way including alleys shall require a landscape screen of shrub hedging on the side of the fence facing the public right-of-way that is a minimum height of 24" or ½ of the height of the fence at installation whichever is greater and shall be maintained at a height equal to the height of the fence.

2.

Any area in the industrial district used as open storage shall be completely enclosed by an opaque fence or wall so as to protect surrounding property from debris damage caused by wind or storm. The above required fences or walls shall be at least six (6) feet, but no more than eight (8) feet in height and shall be set back to the minimum building setback line on the front of the lot for traffic vision purposes. All screening material is subject to approval by the development review official or designee and shall be installed in a professional manner.

3.

Electronic security gates and keypad/call boxes shall be located a minimum of 25 feet from the property line/right-of-way to prevent stacking of automobiles in the public right-of-way. The minimum stacking distance may be increased at the city's discretion. Such increase shall be based on a gate queuing analysis performed by a certified traffic consultant to be provided by the applicant.

4.

Specialty uses that require additional screening may utilize the industrial fence provisions as approved through an administrative adjustment process based on consistency with the city's design guidelines as applicable and balancing the need for screening uses from public rights-of-way, creating attractive and safe pedestrian corridors and site security requirements.

5.

Except as otherwise provided herein, all fences, walls, and hedges shall have a maximum height of six (6) feet. Except as otherwise provided herein, all fences and walls shall be set back to the minimum building setback line on the front of the lot for traffic vision purposes and hedges within the front setback area shall be a maximum of thirty (30) inches in height from the edge of the street or alley surface.

h)

Park/public recreation/school (elementary/intermediate/secondary).

1.

All fences, walls, and hedges shall have a maximum height of six (6) feet. All fences and walls shall be set back to the minimum building setback line on the front of the lot. Hedges within the front setback area shall be a maximum of thirty (30) inches in height from the edge of the street or alley surface. Exception: As otherwise provided herein.

2.

Where outdoor storage areas are permitted, they shall be screened and visually shielded from a street, alley, or abutting property by a masonry wall, opaque ornamental fence, or dense hedge of at least six (6) feet, but no more than eight (8) feet in height, except for that portion thereof located in the visibility triangle, in which case the provisions of subsection g), visibility triangle, shall apply. All screening material is subject to approval by the building official and shall be installed in a professional manner.

3.

Chain link fences are not permitted in front of the front building setback line or on the portion of the property abutting public rights-of-way except alleys. Replacement of existing chain link fences shall comply with current standards.

4.

Maximum fence height for tennis courts, playing fields, playgrounds, or substantially similar uses shall be ten (10) feet. The development review official may approve additional height for these uses if necessary to ensure the safety of participants and spectators. Chain link fencing shall be permitted next to rights-of-way for fencing described in this subsection only.

5.

The development review official may approve an increase in height and a modification to the required set-back for fencing through the site plan review process provided that appropriate landscaping to maintain an attractive visual corridor is provided.

i)

Visibility triangle. With respect to fences, walls and hedges, and other landscaping, including trees, shrubs, ornaments and decorations, a visibility triangle shall be provided at all street intersections and street-alley intersections. Within said visibility triangle, landscaping shall be maintained to provide clear vision without obstruction from the adjoining public ways from elevation thirty (30) inches to elevation eight (8) feet above the average elevation of the intersection. Trees and palms shall be permitted in said triangle provided they are trimmed to allow visibility at the levels indicated above, and further provided they are not located so as to create a traffic hazard.

1.

Definitions.

A.

Major/collector or arterial roads. For the purposes of this section major roads are streets or roads with a speed limit of thirty (30) mph or greater, and/or high volume, and/or a ROW width of sixty (60) feet or greater.

B.

Minor/local roads. For the purposes of this section, minor roads are streets or roads with a speed limit below thirty (30) mph, and/or low volume, and/or a ROW width less than sixty (60) feet.

C.

Alley. For the purposes of this section, any right-of-way that is approximately between ten (10) feet and sixteen (16) feet in width and affords a secondary means of access and is not intended for general circulation.

2.

Intersection of a major road. At an intersection that includes at least one (1) major road, the visibility triangle shall have twenty-foot sides measured along the street right-of-way line from the corner of the intersection, the third side of the triangle to be the line connecting the ends of the aforesaid lines.

3.

Intersection of a minor road. At the intersection of two (2) or more minor roads, the visibility triangle shall have a minimum of ten-foot sides, measured along the street right-of-way line from the corner of the intersection, the third side of the triangle to be the line connecting the ends of the aforesaid lines.

4.

Intersection of an alley. At minor road alley intersections and alley-alley intersections, two (2) sides of the visibility triangle shall be seven (7) feet in length. Exception: Alleys located along the rear of property fronting major roads shall have a visibility triangle with sides that are ten (10) feet in length. A greater distance may be required in the event the city engineer determines traffic safety so requires. The third side of the triangle shall be the line connecting the ends of the other two (2) lines.

5.

Exception. Additional sight visibility may be required in situations where the city engineer determines that the additional distance is needed to improve traffic safety.

j)

Temporary construction fencing.

1.

Screening details shall be submitted with the temporary construction fence permit application. Wind screening shall be substantial enough to avoid rips or tears due to wind or sun, and shall have no less than eighty-five (85) percent opacity. Screening shall be maintained in good condition at all times. Screening graphics shall be approved with a permit pursuant to the provisions of section 23.5-1, signs, of the zoning and land development regulations of this Code.

2.

Temporary construction fencing must be associated with an active building permit unless approved by the development review official in lieu of a permit. The development review official may require the removal of a temporary fence in absence of an active permit or for safety issues.

3.

Acceptable materials include screened chain link and any other permitted materials identified in section 23.4-4(c).

(Ord. No. 2015-04, § 5(Exh. D), 8-4-15; Ord. No. 2018-10, § 10(Exh. I), 7-17-18; Ord. No. 2020-11, § 7(Exh. F), 8-18-20; Ord. No. 2024-06, § 12(Exh. K), 5-21-24; Ord. No. 2024-13, § 20(Exh. S), 11-19-24)

a)

General provisions. Except in the areas where garages must be an integral part of the residence, a private one-story garage building with sufficient space for parking, minor storage, and basic utility services shall be permitted as an accessory use to the principal use. Garages attached to principal residential structures shall not exceed forty (40) percent of the overall square footage of the principal structure. Plumbing fixtures for laundry facilities and a utility sink(s) are allowed, however, no toilet or bathing facilities may be permitted within an attached or detached garage. No detached garage shall be placed, erected or permitted to be built prior to the construction of the primary structure, and then only in accordance with the restrictions as set forth in these LDRs. All garage buildings shall be set back at least three (3) feet from the front of the residence unless the garage is an integral part of the residence. The walls of the garage shall not be higher than ten (10) feet. On all garages erected with a flat roof, a stairway to such a roof and suitable guard railings surrounding such roof shall be permitted. In no event shall any auxiliary roof of any kind, permanent or temporary, be erected or permitted over the roof of the garage, except suitable canvas awnings.

(Ord. No. 2014-02, § 8(Exh. G), 1-7-14)

a)

Purpose. It is the purpose of this section to provide for the orderly use of residential premises for certain customary home occupations and professional offices allowed as home occupations. This provision allows for a portion of a residential unit to support a home office space or professional office space that generates income for the owner/tenant. It is further the purpose to assure that none of the residential ambiance of a neighborhood or of a building is modified or in any way diminished by the presence of said home occupation.

b)

Class I—Design and performance standards—Customary home occupations.

1.

Limited use. The home occupation shall be conducted within the residential premises and only by the person who is licensed to do so and is a resident(s) of the premises. The individual(s) so licensed shall not engage any employees to assist in the home occupation.

2.

Pedestrian and automobile traffic. The home occupation shall not generate pedestrian or automobile traffic beyond what would normally be expected in a residential district.

3.

Maximum area of use. No individual home occupation shall occupy more space than twenty (20) percent of the total floor area of a residence exclusive of any open porch, attached garage, or similar space not suited for or intended to be occupied as living quarters, provided however, in no event shall such all home occupations occupy more than forty (40) percent of the total floor area of the residence or one thousand (1,000) square feet, whichever is less.

4.

No signs or advertisements. No signs, banners or flyers shall be permitted to advertise the accessory use of the premises for an occupational purpose.

5.

Limited equipment. No chemical, electrical or mechanical equipment shall be used except that which is normally used for domestic, household or home office purposes. No electrical or mechanical equipment which causes outside interference may be installed or used. No equipment or process shall be used in a home occupation which creates fumes, glare, noise, odors, vibration, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence or outside the dwelling unit if conducted in other than a single-family residence.

6.

Stock in trade. No goods shall be sold on or from the building site. Stock or inventory is permitted insomuch as will fit within the allowable area of the residence being utilized as a home occupation and does not create a health or safety hazard. No outdoor storage of materials or equipment related to the home occupation shall be permitted on the premises. Deliveries may not exceed that which would be utilized by a private residence and shall not be disruptive to the immediate neighborhood

7.

Parking. The vehicle used for the home occupation is limited to a passenger car, van, or pickup truck. The vehicle may not be more than twenty (20) feet in overall length and not more than seven (7) feet in overall height. Any vehicles used solely in connection with such home occupation must have separate off-street parking facilities in addition to those provided for the residence, except as otherwise regulated by city ordinances.

8.

Residential character. There shall be no alteration in the residential character or appearance of the premises in connection with such home occupation.

9.

Neighborhood impact. A home occupation shall not create any nuisance, hazard, or other offensive condition, such as that resulting from noise, smoke, fumes, dust, odors, or other noxious emissions. Electrical or mechanical equipment that causes fluctuations in line voltage, creates any interference in audio or video reception, or causes any perceivable vibration on adjacent properties is not permitted.

10.

Three (3) home occupations per residence. No more than three (3) home occupations shall be permitted at any given residence at one (1) time. Each home occupation must maintain the required applicable business tax receipts and use and occupancy certificates.

c)

Class II—Design and performance standards—Professional office home occupations.

1.

Limited use. The professional home office occupation shall be conducted within the residential premises and only by the person, who is licensed to do so and is a resident(s) of the premises. The individual(s) so licensed may engage employees to assist in the professional home occupation based on specific parameters. Professional home office occupations may only be established within mixed-use districts as an office use excluding medical and personal/grooming services. Stock in trade accessory to office is permitted for online sales and off-premises sales as limited herein.

2.

Pedestrian and automobile traffic. The professional home office occupation may generate pedestrian or automobile traffic commensurate and routinely experienced within a mixed-use district and that of a traditional professional office.

3.

Maximum area of use. No individual professional home occupation shall occupy more space than fifty (50) percent of the total floor area of a residence exclusive of any open porch, attached garage, or similar space not suited for or intended to be occupied as living quarters.

4.

No signs or advertisements. No signs, banners or flyers shall be permitted to advertise the professional home occupation on the premises for any purpose.

5.

Limited equipment. No chemical, electrical or mechanical equipment shall be used except that which is normally used for professional office purposes. No electrical or mechanical equipment which causes outside interference may be installed or used. No equipment or process shall be used in the professional home occupation which creates fumes, glare, noise, odors, vibration, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence or outside the dwelling unit if conducted in other than a single-family residence.

6.

Stock in trade. The sale of goods within the residential premises is permitted only as accessory to the principal professional home office occupation use. Stock or inventory is permitted insomuch as will fit within the allowable area of the residence being utilized as a professional home occupation and does not create a health or safety hazard. No outdoor storage of materials or equipment related to the professional home occupation shall be permitted on the premises. Deliveries may not exceed that which would be utilized by a private residence and shall not be disruptive to the immediate neighborhood.

7.

Parking. The vehicle used for the professional home office occupation is limited to a passenger car, van, or pickup truck. The vehicle may not be more than twenty (20) feet in overall length and not more than seven (7) feet in overall height. Any vehicles used solely in connection with such professional home occupation must have separate off-street parking facilities in addition to those provided for the residence, except as otherwise regulated by city ordinances. Professional home office occupation uses that are permitted to accommodate more than two (2) employees and/or more than one (1) customer at a time shall be required to provide additional parking or have access to public or guest parking within two hundred (200) feet of building or residence used for such purpose.

8.

Residential character. There shall be no alteration in the residential character or appearance of the premises in connection with such professional home occupation.

9.

Neighborhood impact. A professional home office occupation shall not create any nuisance, hazard, or other offensive condition, such as that resulting from noise, smoke, fumes, dust, odors, or other noxious emissions. Use of electrical or mechanical equipment that causes fluctuations in line voltage, creates any interference in audio or video reception, or causes any perceivable vibration on adjacent properties is not permitted.

10.

Three (3) professional home office occupations per residence. No more than three (3) professional home office occupations shall be permitted at any given residence at one (1) time. Each professional home office occupation must maintain the required applicable business tax receipts and use and occupancy certificates.

11.

Hours of operation. A professional home office occupation may be conducted between the hours of 8:00 a.m. to 6:00 p.m., Monday through Saturday.

12.

Employees. The number of employees including the owner/licensee is limited to one (1) for the first three hundred (300) sq. ft. of space allocated for the professional home office occupation and one hundred fifty (150) sq. ft of space allocated for each additional employee.

13.

Clients/customers. The professional home office occupation may not have more than one (1) client, customer and/or visitor at a time for each three hundred (300) sq. ft. of space allocated for the professional home occupation.

14.

Office area. Professional home office occupation owner/license must provide a drawing to scale that demarcates the area of residence for the use.

15.

Level of review. A professional home office occupation shall be approved either as an administrative use or conditional use depending on size and other applicable review criteria.

16.

Authorization requirements. Each professional home office occupation application must be accompanied by a lease, if applicable, and a notarized letter of approval from the governing homeowner's association or similar entity, if within a multi-tenant building.

17.

Homeowner associations. These provisions shall not supersede the requirements of a homeowner's or condominium association's rules if those rules are more restrictive. However, in the event the association rules are less restrictive, they shall not supersede the provisions of this section.

18.

Conditions of approval. Appropriate conditions of approval may be placed on all professional home office occupations to ensure the peaceful enjoyment of other residents living near the use or within the same building and to maintain the overall residential character of the property.

(Ord. No. 2016-13, § 8(Exh. G), 5-17-16; Ord. No. 2020-20, § 6(Exh. E), 2-16-21)

a)

General provisions. Parking lots and areas shall be maintained by the owner of the real property in good condition by:

1.

Keeping the lot free from holes and debris;

2.

Keeping drainage systems operational and free from debris;

3.

Keeping all wheel stops anchored so as to keep them in place and replacing same if they are broken;

4.

Keeping directional arrows and striping visible (faded arrows and lines are to be repainted when it becomes necessary).

a)

Location. Existing and planned off-street parking areas for motorcycle or bicycle traffic are to be generally located at the corners and ends of automobile parking rows, or other areas of extra footage, provided such areas would not operate to obstruct or hinder moving traffic lanes, turning areas or pedestrian movement.

b)

Design. Motorcycle or bicycle parking areas may include railings, chain posts, cement barriers, or other treatments designed to separate and protect the motorcycle or bicycle parking areas from automobile parking areas.

c)

Signs. Such motorcycle or bicycle areas shall be identified by a legibly painted sign stating "motorcycle-bicycle parking only."

a)

Minimum loading space requirements. Minimum loading space requirements shall be as follows:

1.

Every hospital, institution, hotel, commercial and industrial building or similar use, having a floor area in excess of ten thousand (10,000) square feet requiring the receipt or distribution by vehicle of materials and merchandise, shall have at least one (1) permanently maintained off-street loading space for each ten thousand (10,000) square feet of gross floor area or fraction thereof.

2.

Retail operations, wholesale operations and industrial operations, with gross floor area of less than ten thousand (10,000) square feet, shall provide sufficient space (not necessarily a full berth) so as not to hinder the free movements of vehicles and pedestrians over a sidewalk, street or alley.

b)

Access. Each space shall have direct access to a paved alley or street.

c)

Size. Each space shall have a minimum length of twenty-five (25) feet, minimum width of twelve (12) feet, and a minimum height of fourteen (14) feet.

d)

Screening and buffering. Where site conditions allow, loading areas shall be screened and buffered from public view.

a)

General provisions. The following standards shall apply to all parking spaces required for new buildings, new uses, additions, enlargements, or changes:

1.

Except as otherwise provided in this section, no building shall be erected or moved into a district nor shall any building be enlarged by more than twenty-five (25) percent or increased in capacity by adding dwelling units, guest rooms, floor area or seats, unless there be provided on the building site, off-street parking facilities for the entire building as set forth in this section. A certificate of occupancy for the given structure or premises shall be prohibited until the required parking area has been improved, inspected and approved.

2.

Fractional measurements. When units or measurements determining the number of required off-street parking spaces result in the requirement of a fractional space, any such fraction of one-fourth (¼) or greater shall require a full space.

3.

Parking prohibited. Parking is prohibited on lawns or landscaping areas in all zoning districts. Parking shall be confined to designated marked parking spaces in all districts except SF-R and SF TF-14 districts. In SF-R and SF TF-14 districts, parking is limited to driveways, carports, garages or marked parking spaces.

4.

Parking for the disabled. Required parking shall include parking spaces for disabled persons in accordance with the requirements of F.S. § 553.501 et seq., the "Florida Americans With Disabilities Accessibility Implementation Act" ("Florida ADAIA") and the Americans with Disabilities Act Accessibility Guidelines, as adopted by reference in 28 C.F.R., Part 36, Subparts A and D, and Title II of Pub. L. No. 101-336, which are also incorporated by reference into the Florida ADAIA.

5.

Uses not specifically mentioned. For any use not specifically mentioned in this section, the development review official shall identify a similar use that is specifically listed and apply the required parking standards accordingly.

6.

Joint use of off-street parking facilities. Nothing in this section shall be construed to prevent collective provision for, or joint use of, off-street parking facilities for two (2) or more buildings or uses by two (2) or more owners or operators, provided that the total of such spaces, when combined or used together, shall not be less than the sum of the requirements of the several individual uses computed separately in accordance with this section. Such facilities shall be permanently maintained for such joint use, and shall not be discounted in whole or in part unless other suitable facilities conforming with this section are provided.

b)

Location.

1.

Unless otherwise specified herein, parking spaces for all residential uses shall be located on the same lot with the main building to be served. Such parking space may consist of a carport, garage or parking area as defined in this section. Parking beneath a building is expressly allowed and such space shall not be included as a "story" of the building.

A.

Parking off of an alley.

1)

Parking provided off of an alley shall maintain a twenty-foot back-out, which includes the width of the alley.

2)

If a building is located between a ROW and a vehicular area, foundation plantings shall be provided.

2.

Parking spaces for all other single uses, in all districts except the Industrial Park of Commerce - I-POC, shall be provided on the same lot or in conformance with the requirements for transitional parking lots (section 23.4-13).

3.

Parking spaces for those properties in mixed use districts with a mix of uses are allowed to provide required parking at an off-site location anywhere within four hundred (400) feet of the proposed use. Parking spaces for those properties in industrial use districts are allowed to provide required parking at an off-site location anywhere within five hundred (500) feet of the proposed use. In each case, such parking lots shall be tied to the mixed use or industrial site by unity of title. Properties with the single use of residential must provide on-site parking.

c)

Access.

1.

All parking spaces shall have unobstructed on-site access to a paved public right-of-way.

2.

All properties using State Roads 802, 805 and 5; and 6th Avenue South, 10th Avenue North, Worthmore Drive and Lake Osborne Drive as access to their on-site parking shall provide maneuvering space to permit vehicles to enter and leave the parking area in a forward motion.

3.

No building permit shall be issued by the city for any on-site improvements where the building plans submitted show that the access to any on-site parking space requires the use of unimproved public right-of-way, unless and until:

A.

The owner enters into an agreement with the city agreeing to the paving, at said owner's expense, of the unimproved right-of-way from paved street to street, and such owner posts a cash bond with the city in an amount determined by the city engineer to be sufficient to cover the actual costs of improvements, including engineering fees, with said engineering fees refundable upon the city's acceptance of the improvements; or

B.

A petition, signed by a majority of the property owners abutting the unimproved public right-of-way and requesting the paving of the unimproved public right-of-way with the costs thereof to be assessed against the benefited properties, is presented to the city commission; a public hearing is held therefore; and, a contract is let for said project;

C.

No certificate of occupancy shall be issued in either case until said improvements are completed and accepted for perpetual maintenance by the City of Lake Worth.

4.

Single-family buildings, duplexes, multiple-family buildings of four (4) units or fewer and commercial businesses not exceeding one thousand (1,000) feet of gross floor area shall be exempt from the provisions of this section.

d)

Material. Each parking space shall be surfaced with a hard dustless material, either solid in area or in individual concrete strips or other approved materials, including but not limited to impervious materials and permeable paving materials in accordance with City of Lake Worth Beach standards. Required off-street parking for single-family and two-family dwelling units may also utilize shell rock (not compacted), gravel, or other small stone material in lieu of impermeable or permeable paving material as long as it meets the following criteria:

1.

Appropriate stabilization shall be established to keep small stone like materials out of the ROW, alley, and storm water systems;

2.

All semi-permeable driveway and parking surfaces shall be maintained to ensure permeable qualities and to prevent ponding of water.

e)

Drainage. Drainage systems for off-street parking facilities shall be designed and installed in a manner acceptable to the city engineer. When necessary, walls, swales, planting areas, or other mitigation measures as determined by the city engineer shall be installed to protect adjoining properties and their occupants from any nuisance. Paved parking surfaces, including but not limited to driveways and parking lots, shall have a one (1) foot setback from the side property line and rear property if not alley accessed.

f)

Minimum parking space requirements by use category.

1.

Minimum off-street parking space requirements are as follows:

A.

Residential uses:

Single-family detached on lot less than fifty (50) feet wide—One (1) space per unit.

Single-family detached on lot greater than fifty (50) feet wide—Two (2) spaces per unit.

Accessory dwelling unit—One (1) space in addition to that required for the primary dwelling.

Single-family attached less than three (3) units—One and one-half (1.5) spaces per unit.

Single-family attached three (3) or more units—One and twenty-five hundredths (1.25) spaces per unit.

Multi-family (efficiency) one and twenty-five hundredths (1.25) spaces per unit.

Multi-family (one-bedroom)—One and one-half (1.5) spaces per unit.

Multi-family (two-bedroom)—One and seventy-five hundredths (1.75) spaces per unit.

Multi-family (> 2 bedroom)—Two (2) parking spaces per unit.

The total required residential parking shall be reduced by twenty-five (25) percent for developments that provide no less than fifteen (15) percent of all proposed units as income restricted affordable or workforce housing units in accordance with section 23.2-39. This reduction may not be combined with other parking reduction provisions of these LDRs, and at least one (1) parking space per residential dwelling unit is also required.

B.

Nonresidential uses:

Office—One (1) space per four hundred (400) gross square feet of space.

Retail—One (1) space per five hundred (500) gross square feet of space.

Restaurant—One (1) space per one hundred fifty (150) gross square feet of dining space (including kitchen and seating areas).

Lodging—Seventy-five hundredths (0.75) spaces per unit.

Commercial/Single Destination Retail/Stand Alone Retail—One (1) space per two hundred fifty (250) gross square feet of space.

Personal Services/Medical Related Office—One (1) space per two hundred fifty (250) gross square feet of space.

Vehicular—One (1) space per one hundred fifty (150) gross square feet of space.

Industrial—One (1) space per one thousand (1,000) gross square feet of space.

Institutional—One (1) space per two hundred (200) gross square feet of space.

Assembly—One (1) space per seventy-five (75) gross square feet of space.

Properties with multiple uses shall calculate the aggregate total of parking required for each use category prior to taking a twenty-five (25) percent deduction. Uses that generate a high parking demand of greater than six (6) spaces per one thousand (1,000) square feet*, but do not exceed the fifty (50) person threshold to qualify as assembly per the latest version of the Florida Building Code shall be required to provide fifty (50) percent more parking than other uses in the same use category.

(*Institute of Transportation Engineers (ITE) Peak Parking Generation Rate, 3 ^rd Edition or later)

2.

Exceptions. Parking is not required for:

A.

Changes in use or occupancy or remodeling of existing buildings which do not increase floor area or number of overall existing dwelling units, located outside of the single-family residential SF-R zoning district.

B.

Changes in use, remodeling, of existing buildings as designated as a contributing structure in one (1) of the city's historic districts (as determined by section 23.5-4).

C.

A bed and breakfast use proposed in a building designated as a contributing structure in a city historic district (as determined by section 23.5-4) is excluded from these off-street parking exceptions unless the bed and breakfast is to be established in a single-family residence whereby parking shall be provided in accordance with these LDRs.

3.

Fee-in-lieu of parking. All uses on properties in the core area which do not provide the required number of off-street parking spaces shall pay a fee-in-lieu of parking to the city. The fee shall be held in the community benefits fund to be allocated toward projects identified and approved by the commission as part of the community benefits program.

A.

Location. Only properties located in the core area are eligible to utilize the fee-in-lieu of parking option. The core area is more particularly described as: Those properties which are bounded on the west by "A" Street and on the east by Golfview Road, and on the north by 2nd Avenue North, and on the south by 1st Avenue South.

B.

Payments-in lieu. For any uses that elect to not provide any or all of the required number of off-street parking spaces described in this section, the owner or developer must make a payment to the city in the amount as specified in the city's annual schedule of fees and charges for services.

C.

Any changes in use, remodeling, building expansion or new construction that have the net effect of increasing parking demand by more than twenty-five (25) percent as calculated by the required parking in this section, must provide parking as required by this section unless a payment-in-lieu of parking is made to the city in the amount as specified in the city's annual schedule of fees and charges for services.

g)

Electric Vehicle Charging Infrastructure. It is the purpose of the electric vehicle charging infrastructure to provide the availability of electric vehicle charging stations to residents and visitors of the city.

1.

All new commercial or mixed-use developments with at least twenty-five (25) parking spaces, or existing commercial or mixed-use developments with at least twenty-five (25) parking spaces that enter into either the site plan or site plan amendment process are subject to the following:

A.

Four (4) percent of the total minimum required off-street parking spaces shall be designated and outfitted as electric vehicle charging spaces. Each required space at a minimum shall include the following:

1)

A maintained and operational 240-volt "Level 2" charging station, with a cable retraction device and/or place to hang permanent cords and connectors sufficiently above the ground, and mounted at a height which places the connector a minimum of thirty-six (36) inches and a maximum of forty-eight (48) inches above the ground,

2)

Wheel stops or concrete filled steel bollards to protect the aforementioned charging station,

3)

Signage allowing only electric vehicles to park in such space and indicating that it is only for electric vehicle charging purposes,

4)

The ability for all visitors to the site to access and use such space.

B.

All spaces with electric vehicle charging infrastructure shall be located in close proximity to the building or facility entrance.

2.

Any development that proposes more than twenty (20) percent of its required off-street parking to be outfitted as electric vehicle charging spaces, or operates any amount of charging stations as a primary use as determined by the development review official, shall be classified as containing an "Vehicle Fueling/Charging Service Station" use as defined in section 23.1-12 and is subject to the appropriate use approval process prior to the operation of such charging stations per section 23.3-6.

3.

Charging stations in SFR, SF/TF-14, MH-7, MF-20, MF-30, or MF-40 zoning districts shall be for the exclusive use of the development's residents and guests that are visiting the development's residents, and shall not be made available to the general public.

h)

Shared parking for mixed-use zoning. It is the purpose of the shared parking subsection to provide flexible parking provisions for the city in the appropriate mixed-use zoning districts where mixed-use developments occur. Mixed-use developments typically do not experience peak parking demands at the same time so reduced parking may be provided in these instances.

1.

Shared parking levels for mixed-use development. When any land or building is used for two (2) or more uses, the total requirement for off-street parking shall be the sum of the requirements of the various uses computed separately, minus twenty-five (25) percent of the total required. However, in no case, shall less than eight-tenths (0.8) of a space be provided for each employee and one (1.0) space be provided for each dwelling unit.

2.

Credit for onsite transit facilities in TOD districts. In the event onsite transit facilities are provided within two thousand (2,000) feet of a building, the parking required for that building shall be reduced by twenty-five (25) percent.

i)

Change of use or occupancy. Where the use of a given structure is changed, off-street parking facilities must be provided for the new use according to the requirements set forth in this section.

1.

If a portion or all of a structure or property is changed in use which requires a greater number of off-street parking spaces, then additional parking shall be documented for the new use in accordance with section 23.4-10 and any parking non-conformity recorded.

2.

Any expansion, alteration, or improvement which increases the gross square footage or area of an existing structure by more than twenty-five (25) percent shall be accompanied by any corresponding increase in the number of parking or loading spaces necessary for the expansion to conform to the requirements of section 23.4-10.

j)

Minimum parking dimensions.

1.

The standard parking space is nine (9) feet in width and eighteen (18) feet in length in a perpendicular and/or angled configuration. Parallel parking spaces shall be nine (9) feet in width and twenty-two (22) feet in length.

a.

Ribbon driveways (also called parking strips) shall leave a nine (9) foot-wide area for the parking space and the ribbons shall measure between eighteen (18) and thirty (30) inches in width.

2.

Parking lot designs:

a.

Parking space dimensions for other types of spaces are:

i.

Compact Car Spaces at eight (8) feet × sixteen (16) feet.

ii.

Handicapped Spaces at twelve (12) feet × eighteen (18) feet, with a five (5) foot wide designated access aisle. The access aisle may be shared between two adjacent parking spaces.

iii.

Motorcycle Spaces at four (4) feet × nine (9) feet.

b.

Drive aisle widths shall be a minimum of twelve (12) feet for any one-way isle and twenty (20) feet for all other isles.

c.

For landscaping requirements in regard to parking and other vehicular use areas, see section 23.6-1(f)(3).

d.

For lighting requirements, see section 23.4-3.

e.

Up to a maximum of twenty-five (25) percent of total required spaces may be compact cars. All compact spaces must be clearly identified.

f.

Alternative parking lot designs which incorporate one-way aisles, two-way aisles, and diagonal parking may be used in lieu of the standard (perpendicular, two-way aisle) parking lot design.

k)

On-street parking.

1.

Applicability. The minimum number of required off-street parking spaces for a use or project may be satisfied, in part, by the use of on-street parking spaces located within the public right-of-way abutting that same lot or parcel.

2.

Conditions. The provision for on-street parking spaces to be used to meet the minimum number of required off-street parking spaces shall be subject to the following conditions:

a.

The on-street parking provision is applicable to all existing or proposed development located within all mixed use and multi-family zoning districts;

b.

Only the on-street parking spaces located within the public right-of-way that abut the frontage of a use or project may be used to count toward meeting the minimum number of required off-street parking spaces. The on-street parking spaces must be located on the same side of the street as the subject use or project;

c.

The design of the on-street parking spaces must be approved by the city public services department in order to satisfy parking demand according to subsection B.1. herein;

d.

On-street parking spaces utilized under this provision shall not be reserved, temporarily or permanently, for any given use; and

e.

No more than fifty (50) percent of the required off-street parking requirement may be met with on-street parking.

l)

Parking alternates.

1.

For the purposes of these land development regulations the following may be substituted for on site parking spaces.

a.

The provision of four (4) bicycle rack spaces shall count as one (1) parking space;

b.

The provision of two (2) motorcycle or scooter spaces shall count as one (1) parking space;

c.

The provision of one (1) transit vehicle or bus space shall count as four (4) parking spaces.

2.

Alternate parking spaces including compact spaces shall count toward no more than twenty-five (25) percent of the overall on site parking requirement.

(Ord. No. 2014-22, § 17(Exh. P), 9-9-14; Ord. No. 2015-04, § 4(Exh. C), 8-4-15; Ord. No. 2016-13, § 9(Exh. H), 5-17-16; Ord. No. 2018-10, § 11(Exh. J), 7-17-18; Ord. No. 2020-07, § 5(Exh. D), 6-16-20; Ord. No. 2020-11, § 8(Exh. G), 8-18-20; Ord. No. 2020-20, § 7(Exh. F), 2-16-21; Ord. No. 2023-06, § 11(Exh. J), 8-15-23; Ord. No. 2024-08, § 2, 8-20-24; Ord. No. 2024-13, § 21(Exh. T), 11-19-24)

a)

Certain motor vehicles and equipment prohibited. It shall be unlawful for any owner of privately owned real property (or lessee or tenant thereof) in any residential district in the city, to park on, cause to be parked on or allow to be parked on such property, any commercial vehicle or any construction or industrial equipment except as provided in this section.

b)

Exclusions.

1.

This section shall not apply to any trailer when such trailer is parked upon a public right-of-way as a result of an emergency due to a malfunction of the trailer beyond the control of its owner; in the case of such emergency, the owner will be permitted to make necessary repairs but such incapacitated trailer will not be permitted upon such public right-of-way for more than twenty-four (24) hours.

2.

This section shall not apply to any trailer when such trailer is attached to a vehicle which is propelled by its own power; it shall be unlawful for such trailer and vehicle combination to be parked upon public right-of-way for more than twenty-four (24) hours.

3.

This section shall not apply to the temporary parking of any commercial vehicle or construction equipment on any privately owned real property within a residential district where construction for which a current and valid permit has been issued by the city is underway on the property. Nothing in this subsection is intended to require a permit where none is otherwise required.

4.

This section shall not apply to deliveries by tradesmen, or the use of commercial vehicles in making service calls.

5.

This section shall not apply to the emergency parking of a disabled commercial vehicle or construction equipment. However, any such commercial vehicle or equipment shall be removed from the residential district within twenty-four (24) hours.

6.

This section shall not apply to one (1) commercial vehicle that is owned by property owner for that owner's business.

c)

Permitted parking. Notwithstanding the prohibitions in this section, there may be parked in any residential district, on a lot improved with a permitted structure, any of the following motor vehicles: a panel, pickup, van, or similar type of truck, not over three-quarter-ton rated capacity. Such vehicle, however, must be owned or operated by a resident of the premises or a guest thereof.

d)

Recreational vehicle (RV) regulations.

1.

Location. RVs must be parked or stored behind the front building line.

2.

Exceptions.

A.

The parking of an RV within an enclosed or visually screened carport, provided the unit (including the trailer) does not protrude beyond the front building line and does not prohibit the legal parking of a vehicle in the driveway.

B.

The parking or storage of boats or boat trailers along the east side of East Terrace Drive by the residents of East Terrace Drive. However, no parking or storage of a boat or boat trailer shall interfere with the flow of traffic along East Terrace Drive and are subject to all other provisions of these LDRs.

3.

Restriction on number. There shall be no restriction on number provided that:

A.

Those RVs located behind the front building line are effectively screened from abutting properties.

B.

All RVs must be currently registered, licensed, and permitted by appropriate governing authorities.

4.

Restriction on size. There shall be no restriction on size other than the requirement that it shall not extend onto or over public property or abutting private properties.

5.

Screening requirements. All RVs shall be effectively screened in accordance with other sections of this chapter from abutting properties, and for corner lots from the public right-of-way abutting the side property line.

6.

General conditions.

A.

The RV must be owned by the occupant of the property.

B.

At no time shall such parked or stored RV be occupied or used for living, sleeping or housekeeping purposes.

C.

The RV must be kept in a neat and operable condition, not wrecked, junked or partially dismantled. Additionally, no RV shall be affixed to the ground or otherwise supported in a manner that would prevent its ease of removal from the property.

D.

The RV must be stored on property improved with an existing structure. For those stored on non-residential properties, the business must have and maintain an active business license.

E.

The parking of the RV shall not cause other vehicles to be parked on sidewalks or on public right-of-way so as to create a hazard.

F.

No major repair work may be conducted on the premises.

(Ord. No. 2018-10, § 12(Exh. K), 7-17-18)

a)

Purpose. It is the purpose of this section to provide regulations and standards for the development of structured parking garages within the City of Lake Worth.

b)

Site standards. Site development standards, including minimum lot size and required setbacks, shall be governed by the zoning district in which the structure is located. The footprint of the structure shall count toward overall lot coverage.

c)

Structural standards. A structured parking garage may be a single-use stand-alone structure, or may be constructed as part of a mixed-use facility. Structured parking garages shall be a minimum of two (2) parking levels, which may include rooftop parking. Structured parking garages located along a major thoroughfare or in the downtown core area must include active uses on the ground floor, accessed from the public right-of-way. All structured parking garages must minimize the appearance of expansive blank walls along the ground floor through thoughtful exterior design, architectural features and landscaping. The intent is to provide an appealing façade from the sidewalk pedestrian perspective.

d)

Incentives. The first three (3) levels of the structured parking garage shall be exempt from floor area ratio (FAR) calculations.

a)

Purpose. The following uses have been determined to carry the potential for substantial adverse impacts on neighboring properties and, therefore, are subject to development standards and regulations in addition to those required for the zoning district. All uses listed herein are subject to the requirements set forth under section 23.2-28, administrative adjustments/administrative use permits or section 23.2-29, conditional uses.

b)

Findings by review authority. In addition to the standards of section 23.2-28 or section 23.2-29, the review authority, prior to recommending approval, or approving, as the case may be, of an administrative use or a conditional use for an automobile filling station or automobile service station shall find that the standards of this section and sections 23.2-30, 23.2-31 and 23.2-32 have been met. See Article 3, Permitted Use Table.

c)

Standards.

1.

Vehicular related services.

A.

Regulations and standards.

(1)

The following vehicular related services shall have a minimum lot size of twenty thousand (20,000) square feet:

a.

Transportation services.

b.

Auctions.

c.

Parking facilities.

d.

Towing services and storage yards.

(2)

Vehicle fueling/charging service stations.

(a)

Purpose. It is the purpose of this section to provide regulations and standards for the establishment of vehicle fueling/charging service stations within designated zoning districts. Vehicle fueling/charging and service stations are intended primarily to serve the fuel and service needs of motorists. Vehicle fueling/charging service stations shall be approved through the appropriate decision making authority by conditional use procedures.

(b)

Use regulations. Uses permissible at a vehicle service station do not include any sales or mechanical work not specifically listed below, nor do they include body work, the straightening of frames or body parts, steam cleaning, painting, welding, storage of vehicles not in operating condition, provision of parking services, or other work involving noise, glare, fumes, smoke, traffic congestion or other characteristics to an extent greater than normally found in uses permitted by right or with special approval in the district where the facility is located.

(c)

Design and performance standards.

i.

Lot area. The minimum lot area shall be twenty-seven thousand (27,000) square feet.

ii.

Pump island setback. Pump island shall be set back a minimum of twenty (20) feet from the street property lines and fifteen (15) feet from side and rear property lines.

iii.

Canopy setback. Overhead canopies shall be set back a minimum of ten (10) feet from street front property lines and from nonresidential property lines and a minimum of fifteen (15) feet from residential property lines.

iv.

Curb cut restrictions. Curb cuts shall not be located closer than fifteen (15) feet to the intersection of two (2) right-of-way lines. There shall be a maximum of two (2) curb cuts on any one (1) street frontage.

v.

Outdoor display of merchandise prohibited. There shall be no outdoor display of any kind of merchandises.

(3)

Vehicle rental facilities. Refer to vehicle sales standards for administrative and conditional uses as applicable.

(4)

Vehicle service and repair facilities—Major or minor, or repair and maintenance services—Major.

(a)

Purpose. It is the purpose of this section to provide regulations and standards for the establishment of automobile service facilities within designated zoning districts and to provide long term compatibility between the automobile service facilities and adjoining or adjacent residential uses. Automobile service establishments shall be approved through the appropriate decision making authority by conditional use procedures.

(b)

Design and performance standards.

i.

Minimum lot frontage. Seventy-five (75) feet.

ii.

Minimum site.

Major - Site: Twenty thousand (20,000) square feet; minimum area per business/tenant on a multiple tenant/business site: Two thousand five hundred (2,500) square feet.

Minor - Site: Ten thousand (10,000) square feet; minimum area per business/tenant on a multiple tenant/business site: One thousand (1,000) square feet.

iii.

Location of equipment, facilities and services. All pits and hydraulic hoist shall be located entirely within a building. Lubrication, washing, repairs and service shall be conducted within the building.

iv.

Landscape requirements. The site must be provided with a five-foot wide perimeter planting area with shade trees planted every twenty-five (25) linear feet on center. A hedge must also be maintained within the required planting area.

v.

Buffering/screening. A masonry wall shall be erected to a height of not less than six (6) feet where the proposed site is within twenty-five (25) feet of a residential district, in addition to the landscaping requirements outlined above. Said wall shall be finished with a graffiti-resistant paint.

vi.

Minimum parking requirements. Three (3) parking spaces for each service bay (if applicable) plus one parking space for each three hundred (300) square feet of non-service enclosed area. Applicable parking requirements in section 23.4-10 apply to all other use areas. All vehicles shall be parked in designated storage areas, except for vehicles dropped off by customers or placed for temporary customer pick-up in parking spaces designated on an approved site plan not visible from the public right-of-way. These vehicles may be temporarily parked in these designated parking spaces, not to exceed a maximum of one twenty-four-hour period.

vii.

Hours. No automobile service work shall be performed before 7:00 a.m. or after 8:00 p.m.

viii.

Outdoor storage may be permitted as accessory to vehicle service and repair-major and repair and maintenance services-major in I-POC only, provided the outdoor storage area is fully screened from any public rights-of-way and adjacent properties as consistent with section 23.4-19, outdoor storage, and all equipment, parts and vehicles are stored on an impermeable paved surface.

(5)

Vehicle sales.

(a)

Purpose. The purpose of this section is to provide regulations and standards for new and used motor vehicle sales and service establishments within designated zoning districts. New and used motor vehicle sales and service establishments shall be approved through the appropriate regulatory board by conditional use procedures.

(b)

Use and development regulations.

i.

Minimum site area:

Special Interest Automobile Dealership - Ten thousand (10,000) square feet.

All other - Two and one-half (2.50) acres.

ii.

Minimum lot width: Two hundred (200) feet.

iii.

Minimum parking requirements: Three (3) parking spaces for each service bay plus one (1) space for each three hundred (300) square feet of enclosed non-service area or each employee, whichever is greater.

iv.

Landscaping and screening of outdoor display and storage areas: Such area(s) shall conform to the standard for parking lots, including, but not limited to, paving, layout, screen and landscape standards. Such areas shall also conform to the Major Thoroughfare Guidelines, where appropriate. A six-foot masonry wall shall be erected when outdoor display area(s) or service area(s) are within twenty-five (25) feet of a residential district, in addition to the landscaping requirements outlined above. Said wall shall be finished with a graffiti-resistant paint.

v.

All outdoor sales and vehicular circulation area(s) shall be surfaced with a hard, impermeable, dustless material. Shell rock or similar material is expressly prohibited.

vi.

All vehicle sales facilities must include an interior showroom area capable of displaying at least five (5) vehicles.

vii.

All service facilities and activities shall be located within an enclosed structure. No work shall be performed before 7:00 a.m. or after 8:00 p.m.

viii.

Both minor and major repair services may be conducted upon the premise(s) accessory to the sale of new vehicles.

ix.

Motor vehicle sales shall not be conducted upon the premises of existing shopping centers or strip centers.

x.

Motor vehicles shall not be parked with their hoods or trunks open.

xi.

Motor vehicles shall not be elevated in any manner unless as part of permanent interior showroom space or as part of a permanent, elevated, bermed, landscaped area, accommodating one (1) car. The dealership shall be limited to one (1) elevated exterior parking space and shall be located so as to not create any traffic safety or visibility problems. Any request shall be subject to site plan review and approval by the appropriate regulatory board for functionality and community appearance.

xii.

All motor vehicles stored or displayed on the site shall be in operable condition.

xiii.

Customer parking shall be marked and physically separated from motor vehicle sales, storage and display space.

xiv.

No outdoor speakers or public address system, audible from the exterior of the site, shall be permitted where the site is located within one hundred fifty (150) feet of residential property.

xv.

No other outdoor sales or display of any materials, products or goods shall be permitted.

xvi.

Other than information required by law, no advertising, flags, pennants, streamers, balloons, signs or vehicle stock numbers shall be displayed on any vehicle or equipment. Similar objects, gimmicks, or advertising designed to attract the public's attention shall not be displayed outdoors on sales lot, building, or equipment other than as permitted elsewhere in the sign code.

xvii.

Under no circumstances may a vehicle(s) be offered for sale on any publicly owned property at any time.

xviii.

New and used motor vehicle sales and service shall be permitted only as a conditional use within the designated zoning districts, and shall also be subject to the following restrictions:

a.

No new motor vehicle business may be established, nor an existing use be expanded, between Tenth Avenue North and Sixth Avenue South on Dixie Highway.

b.

No new motor vehicle business may be established, nor an existing use be expanded that does not have business frontage on Dixie Highway, Tenth Avenue North or Lake Worth Road.

(6)

Temporary parking facilities.

(a)

Purpose. It is the purpose of this section to provide regulations and standards for the establishment of temporary parking facilities as conditional uses.

(b)

Development regulations for temporary parking facilities as allowed by conditional use.

i.

Temporary parking facilities shall be subject to all development regulations except those relating to construction of principal buildings, for example the design guidelines for major thoroughfares shall not apply.

ii.

The applicant shall post a performance and payment bond in an amount not less than one hundred fifty (150) percent of the cost to remove all site improvements and restore the site to an undeveloped or landscaped condition. This performance instrument shall be to the benefit of the city, and the city shall have the ability and right to utilize the proceeds from this instrument to remove all parking improvements if the property owner does not do so.

iii.

Temporary parking facilities shall not exist for a time frame exceeding five (5) years.

iv.

The applicant shall grant the city an easement or other instrument satisfactory to the city attorney that provides the city with the authority to enter on to the property to remove the parking improvements. This easement or other instrument shall be recorded in the public records of the county, and be an encumbrance on the land.

(7)

Transitional parking lots.

(a)

Purpose. Well designed and maintained parking lots are in some instances an appropriate transitional use at the edge between industrial or business zones and residential zones. It is the purpose of this section to provide standards which assure quality design and long-term compatibility between the parking area and adjoining residential uses. Transitional parking lots shall be approved as conditional uses.

(b)

Design and performance standards.

i.

Minimum lot size. The lot or portion of a lot shall have a minimum of twenty thousand (20,000) square feet. The utilization of a portion of lot shall in no instance create a substandard lot.

ii.

Parking space design. Each parking space shall conform to the minimum size, aisle width and driveway width as listed in the parking lot dimensions table in section 23.4-19.

iii.

No building. No buildings shall be erected in such area, and no existing building shall be permitted to remain on the premises.

iv.

Entrance and area abutting public space. The location, grade, size and construction of the entrance to the parking lot shall be from a paved public alley and meet the requirements of the city engineer. The remaining area of the lot which abuts public space shall be provided with curbing or fencing meeting the requirements of the city engineer and building official. The requirements in each instance shall be designed to reasonably protect the public in the use of public space.

v.

Front screen walls and hedges. The front of a transitional parking lot site facing or adjoining residential property shall be screened with a masonry wall at least five (5) feet in height and by a densely planted compact hedge at least three (3) feet in height. The front masonry screen wall shall be set back from the front property line a distance equal to the front setback applicable to adjacent or fronting residential uses. The hedge shall be located in front of the front screen wall. Masonry screen walls shall be appropriately finished with stucco or other material acceptable to the city. Hedges shall conform to the plant material requirements of section 23.6-1.

vi.

Landscaping. A minimum of ten (10) percent of the gross land area within the boundaries of the parking lot shall be designated for landscaping. A hedge as stated in subsection E. above may be included in computing the landscaping area. See section 23.6-1 for additional standards.

vii.

Lighting. Any lighting, including appurtenant illumination, on the parking lot shall be reflected away from residential areas and arranged to cause no annoying glare.

viii.

Paving and drainage. The parking lot shall be paved with concrete or asphalt in accordance with the city engineer's specifications.

ix.

Privacy wall. On each side of the parking lot that adjoins residentially zoned or used property, there shall be constructed a masonry wall, five (5) feet in height, appropriately finished with stucco or other acceptable material.

x.

Signs. No advertising signs shall be permitted on the parking lot except an announcement or directional sign for the use of the lot, which sign shall not exceed twelve (12) square feet in area nor have an overall height exceeding seven (7) feet above the grade of the lot, so as not to cause a traffic hazard.

(c)

Findings by review authority. In addition to the standards of section 23.2-26 and sections 23.2-28 and 23.2-29, the review authority, prior to recommending approval, or approving, as the case may be, of a conditional use for a transitional parking lot, shall find that the transitional parking lot:

(a)

Meets the design and performance standards of this section;

(b)

Eliminates slum or blighted or incompatible uses or conditions;

(c)

Will not have a deleterious effect on adjacent or surrounding residential uses.

(8)

Truck rentals accessory to a primary use.

(a)

Purpose. It is the purpose of this section to provide regulations and minimum standards for allowing truck rental facilities south of Tenth Avenue North and north of Sixth Avenue South as an incidental and accessory use to a permitted use. Truck rental uses shall be approved as conditional uses.

(b)

Regulations and standards.

i.

The minimum lot area for vehicle sales and rental is twenty thousand (20,000) square feet.

ii.

There shall be no more than three (3) trucks on the property available for rental at any one (1) time.

iii.

Trucks for rental shall not exceed twenty (20) feet in length.

iv.

No trailers or other extensions or attachments to the trucks for rental shall be permitted on the property or made available in conjunction with the trucks.

v.

No mobile home, recreational vehicle or other vehicle shall be used as a rental office, storage space, or for sleeping purposes. Rental offices and storage shall be contained in a building which conforms to the City of Lake Worth building and fire codes.

vi.

All rental trucks shall be parked on an approved surface, not forward of the existing front building line, screened effectively from abutting properties and may not utilize any required on-site parking spaces.

2.

Bed and breakfast inns.

A.

Purpose. It is the purpose of this section to provide regulations and standards for the establishment of bed and breakfast inns within designated zoning districts, while setting forth criteria to differentiate them from boarding or rooming houses. Bed and breakfast inns shall be approved through the appropriate decision making authority by conditional use procedures.

B.

Regulations and standards.

(1)

Bed and breakfast inns shall have a minimum of four (4) and a maximum of nine (9) private bedrooms. Each bedroom must have its own full private bath containing a tub or shower, sink and water closet. The private bedroom and bath shall be a minimum of one hundred seventy-five (175) square feet in area. Dormitory type bedrooms are expressly prohibited.

(2)

The structure shall be a converted or new residential building, maintained as a single-family appearing structure. Multi-family apartment buildings, motels or hotels shall not be converted to bed and breakfast inns.

(3)

Bed and breakfast inns shall serve only breakfast meals to the residents, which service shall be included in the daily or weekly rate. Cooking in bedrooms is prohibited.

(4)

Sleeping accommodations and the dining room shall appear to be a single residential structure and shall be for the exclusive use of the facility guests.

(5)

Guest stays shall be limited to fourteen (14) days in any single one-month period.

(6)

Signage for all bed and breakfast inns is limited to six (6) square feet, regardless of the district provisions in which it is located.

(7)

Commercial social events may be allowed and may require a special events permit from the city. For bed and breakfast inns in a Single-Family Residential (SF-R) district, commercial social events are limited to twenty-four (24) occasions within a single calendar year.

(8)

For a bed and breakfast inn to be established in a Single-Family Residential (SF-R) District, it must be a contributing historic structure located in a designated local or national historic district.

(9)

The parking exemption as stipulated in section 23.4-10 shall not be afforded to any bed and breakfast inn established in a contributing historic structure within a local historic district and zoned Single-Family Residential (SF-R) District.

(10)

For all bed and breakfasts inns established pursuant to these LDRs a full time responsible manager shall be available twenty-four (24) hours a day seven (7) days a week.

(11)

For all bed and breakfast inns established in a Single-Family Residential (SF-R) District, the property owner of record shall reside in the premises.

(12)

All parking shall be buffered compliance with these LDRs from adjacent properties with a dense hedge or wall as stipulated in section 23.6-1. Both a dense hedge and a wall are required when adjacent to properties within a Single-Family Residential (SF-R) district.

(13)

Check-in and check-out times for bed and breakfasts located within a Single-Family Residential (SF-R) district shall be between the hours of 8:00 a.m. and 10:00 p.m.

3.

Communication towers.

A.

Purpose. It is the purpose of this section to provide regulations and standards for the establishment of communication towers within designated zoning districts. Communication towers shall be approved through the appropriate decision making authority by conditional use procedures.

B.

Regulations and standards:

(1)

Construction. Communication towers must meet or exceed current construction standards established by the Electrical Industry Association (EIA) under fully loaded conditions.

(a)

Construction documents for communication towers must be signed and sealed by a Florida-registered structural engineer.

(b)

Construction documents must also be accompanied by a certification from a Florida-registered structural engineer stating that any tower failure will cause it to collapse within the confines of the designated site.

(c)

Towers and all associated equipment shall comply with all current Federal Communication Commission (FCC) standards and requirements.

(2)

Setbacks. The principal support structure of all communication towers shall conform to the minimum setback requirements of the district in which the tower is located. In addition, the following setback standards shall apply:

(a)

Communication towers shall be located to provide a minimum radius distance from the tower to all property lines equal to thirty-three (33) percent of the height of the tower. The building official may decrease the radius provided the tower is designed to higher EIA standards than required for this area. When a communication tower is erected upon a building or other structure, its base shall be the base of the communication structure, not the building or other structure on which it is mounted. Its height shall be measured from the finished grade.

(b)

Communication towers shall be set back a minimum of fifty (50) feet from any existing or planned public street right-of-way line.

(c)

Communication towers shall be set back a minimum of fifty (50) feet from any property line adjacent to a residential use or a residential zoned parcel.

(3)

Anchor location. Communication tower peripheral supports and guy anchors may be located within required yard setbacks, provided that they shall be located entirely within the boundaries of the property on which the tower is located and shall be located no closer than five (5) feet from the property line if the tower is adjacent to a single-family residential district or residential uses. All communication tower supports and peripheral anchors shall be set back a minimum of ten (10) feet from any existing or planned street right-of-way line.

(4)

Location of accessory structures. All structures accessory to a communication tower, other than peripheral guy anchors, shall conform to the setback standards for that district in which the tower is located. A communication tower shall be considered the principal use of the lot, whether or not said lot contains other principal uses. Communication towers may occupy a leased parcel on a lot meeting the minimum lot size requirements of the district in which it is located. Accessory equipment buildings shall be separated from each other by distances as required by the fire and building codes.

(5)

Fencing. A fence or wall not less than eight (8) feet in height from the finished grade shall be constructed around each communication tower and around each guy anchor (if used). Access to the tower shall be through a locked gate. Barbed wire shall be used along the top of the fence or wall if it is necessary to preclude unauthorized access to the tower.

(6)

Parking. All communication tower sites which require a full-time attendant or consumer visitation shall provide a minimum of three (3) parking spaces or one (1) space per employee on the shift of greatest employment plus one (1) space per one thousand (1,000) square feet of building floor area, whichever is greater.

(7)

High voltage signs. If high voltage is necessary for the operation of the communication tower and it is present in a ground grid or in the tower, signs shall be located every twenty (20) feet and attached to the fence or wall. The sign shall display in large bold letters the following: "HIGH VOLTAGE DANGER."

(8)

Landscaping and buffer. Landscaping and buffering shall be installed on the property in accordance with section 23.6-1. Landscaping and buffering shall also be required around the perimeter of the tower and any accessory structures, including guy anchors, except that this requirement shall be waived when the base of the tower is not visible from the street. Landscaping shall be installed on the outside of all fences.

(9)

Aircraft hazard. Communication towers shall not encroach into or through any established public or private airport approach path as established by the Federal Aviation Administration. If so located, FAA approval shall be provided to the city indicating maximum allowable height.

(10)

Removal of unused towers. All obsolete or unused commercial communication towers shall be removed within six (6) months of use cessation. All existing towers that have ceased operation as of the effective date of the ordinance from which this chapter is derived shall be removed by no later than January 1, 2015.

(11)

Shared use. To encourage shared or combined use; all proposed communication tower applicants shall provide notice by certified mail to all other potential users, indicating the location, height, general rate structure and all other pertinent information. The potential users shall respond to the applicant's offer for shared space within twenty (20) days by certified mail, indicating their intent to co-locate or reasons why shared use is not feasible. Copies of each notice and response shall be supplied to the building, planning and zoning department prior to building permit issuance.

(12)

Deed and leasehold restrictions. The applicant shall prohibit any restrictions being inserted into the deed or lease that will limit the site to a single user. A copy of the deed or lease shall be submitted with the building permit application. Failure to comply with this provision shall automatically nullify the special land use approval.

(13)

Tower separation. In order to enhance community appearance, communication towers shall be separated by a minimum distance of one-half (½) mile from one another. This distance may be waived by the city commission, upon recommendation of the appropriate regulatory board, only after the applicant's structural engineer submits a signed and sealed statement documenting that there are structural problems and a new combined tower at the existing location is not economically feasible.

4.

Community residences.

A.

Purpose. It is the purpose of this section to set forth regulations and standards for the establishment of community residences within designated zoning districts. This section shall only apply to community residences with seven (7) or more residents. Community residences for seven (7) or more residents shall be approved through the appropriate decision making authority by conditional use procedures. Community residences with six (6) or fewer residents shall be allowed in single-family and multi-family zoning districts without approval by the local government provided such homes shall not be located within a radius of one thousand (1,000) feet of another community residence with six (6) or fewer residents.

B.

Design and performance standards.

(1)

Lot area. The minimum lot area shall be that required by the district or a minimum of six thousand seven hundred fifty (6,750) square feet, whichever is greater.

(2)

Floor area requirement. In the event all or a portion of a community residence consists of bona fide dwelling units rather than sleeping rooms, then the regulations applicable to the zoning district shall apply. Facility bedrooms used for single occupancy must have at least eighty (80) square feet of usable floor space. Bedrooms used for multiple occupancy must have sixty (60) square feet of usable floor space per occupant. Usable floor space shall not include closets and bathrooms appurtenant to such rooms, or common areas such as hallways, kitchen, dining room, living room, family room or porches.

(3)

Underlying zoning districts restrictions. If a community residence is located within a residential district, it shall conform to the character of that neighborhood. This standard applies to design, density, lot size, landscaping and other factors.

(4)

On-site parking areas. There shall be provided one (1) parking space for every employee, and an additional space for each sleeping room.

(5)

Signs. All signs shall be regulated according to the district in which the community residence is located. Specifically, signage shall be governed by Article 5, Supplemental Regulations.

(6)

Density. The density of community residences shall be determined by the number of units which may be permitted should the building cease as a community residence. A plan showing the conversion to a permitted use and permitted density shall be filed with the petition for conditional use. Parking standards also shall be met by the conversion plan.

(7)

In the event the facility is designed as a dormitory consisting of sleeping rooms, then there shall be a minimum of one thousand eighty (1,080) square feet of site area for each sleeping room. Bedrooms used for single occupancy shall be a minimum of eighty (80) square feet of usable floor space. Bedrooms used for multiple occupancy must have sixty (60) square feet of usable floor space per occupant. Usable floor space shall not include closets and bathrooms appurtenant to such rooms, or common areas such as hallways, kitchen, dining room, living room, family room or porches.

(8)

Facilities maintained in nonresidential areas shall be maintained in general character of the surrounding area. This standard applies to design, lot size, landscaping, and other factors affecting the character of the area.

C.

Safety regulations. Every community residence shall conform to applicable codes and ordinances of the city, including building, electrical and fire prevention codes, and shall be free from fire hazards and shall have adequate protection against fire and explosions. Community residences shall be equipped and operated in such manner as to protect the residents from health and safety hazards and from other dangers inimical to their general well-being or moral welfare. Standards of health and safety prescribed by the Palm Beach County Health Department, and any other county or state agency, shall be observed. During operation of a community residence, any violation of a use restriction contained in this section regarding residential capacity, on-site deliveries, on-site parking spaces, compliance with applicable state and county regulations, or any other restrictions herein, shall be grounds for the revocation of or the refusal to renew a use and occupancy certificate at the discretion of the director for community sustainability or his/her assigns.

D.

Personnel standards. Every licensee must provide adequate help to control and maintain the community residence in a proper manner with constant supervision to protect the residents therein. All personnel employed at such community residence shall meet county and state regulations applicable to their qualifications for such employment.

E.

Insurance. No community residence shall be issued an occupational license by the city unless a certificate of insurance is first filed with the licensing officer evidencing coverage against injury and property damage caused by the tortuous conduct of the operator. Insurance coverage shall protect the residents and all other persons who enter the facility in connection with its business, and shall be in amounts of not less than one hundred thousand dollars ($100,000.00) per person and three hundred thousand dollars ($300,000.00) per accident or occurrence for personal injury, and one hundred thousand dollars ($100,000.00) for property damage.

F.

Findings of review authority. In addition to the standards of section 23.2-29, the planning and zoning board shall find, prior to recommending approval of or approving, as the case may be, a conditional use for a community residence which is considered a conditional use in the zoning district in which it is located that such facility:

(1)

Meets the design and performance standards set forth herein;

(2)

That the neighborhood environment is suitable for the development and operation of a community residence;

(3)

That the impacts of the facility's operation will not be deleterious to the quality of residential uses in the surrounding neighborhoods; and

(4)

That the proposed facility is in conformance with the maps, objectives and policies of the city's comprehensive plan.

G.

Nonconforming facilities. All facilities in operation prior to the effective date of the ordinance from which this chapter is derived and which are thereafter classified as a community residence and which do not meet the design and performance standards set forth herein shall be considered nonconforming. Facilities not meeting the distance requirements shall also be considered nonconforming according to these LDRs.

5.

Single destination retail uses including stand alone retail and single destination commercial uses.

A.

Purpose. It is the purpose of this section to provide regulations and standards for single destination retail and single destination commercial store establishments within designated zoning districts. These uses shall be approved through the appropriate decision making authority.

B.

Design and performance standards.

(1)

Minimum site area: Ten thousand (10,000) square feet.

(2)

Minimum lot width: One hundred (100) feet.

(3)

Landscape requirements. The site must be provided with a minimum five-foot-wide perimeter planting area. Site landscaping shall comply with adopted landscape regulations.

(4)

Buffering. A fence or wall shall be erected at a height of not less than six (6) feet when the parking area(s), pay phones or other common area(s) is within twenty-five (25) feet of a residential district, in addition to the landscaping requirements outlined in subsection (5), above. All fences and walls shall be constructed of concrete, masonry or metal. Metal fences shall be open weave chain link, vinyl coated type combined with a shrub hedge or ornamental in nature. Walls shall be finished with a graffiti-resistant paint.

(5)

Pay telephones, ATMs and vending machines. Vending machines or any facility dispensing cash or merchandise shall be confined to space built into the building or enclosed in a separate structure compatible with the main building. Pay phones must be attached to the building or within ten (10) feet of the main entrance. Where appropriate and feasible, such facilities shall not be visible from a side street.

(6)

Variances for minimum site area shall not be granted.

(7)

Establishments must front one of the city's major thoroughfares.

(8)

Outdoor display of more than three (3) individual items is strictly prohibited.

(9)

Establishments must have at least twenty-five (25) percent clear glazing and fenestration along frontages and entrances clearly identifiable.

(10)

Display windows must have engaging and pedestrian friendly vignettes. Covering of display windows with posters, paper, advertisements, written signs and similar shall be strictly prohibited. Vacant buildings shall have approved vignettes covering windows until an active business is established and operating.

(11)

All sales transactions, except during city approved special events, shall take place within the building.

(12)

Walk up sales windows shall be treated as a drive through facility and be regulated as such.

6.

Day care centers.

A.

Purpose. The purpose of this section is to provide regulations and standards for the use of property as a "day care center," including day care centers affiliated with places of worship. This section shall not apply to facilities used by and in connection with places of worship only during religious services. It is further the purpose of this section to promote the development and maintenance of safe, attractive, and viable day care centers for the care of preschool children. It is further the purpose of this section to protect the character of the surrounding neighborhoods. Day care centers shall be approved through the appropriate decision making authority by conditional use procedures.

B.

Design and performance standards.

(1)

Lot area. The minimum lot area shall be ten thousand (10,000) square feet.

(2)

Floor area. Up to a capacity of forty (40) children, there shall be a minimum usable floor area, exclusive of any space devoted to kitchen, office, storage and bathroom facilities, of fifteen hundred (1,500) square feet. For each child in excess of forty (40) present at the facility at any one (1) time, there shall be an additional thirty-five (35) square feet of such floor space per child.

(3)

Outdoor play area. There shall be provided a minimum of two thousand (2,000) square feet of outdoor play area, or one hundred (100) square feet of outdoor play area per child, whichever is greater. The entire play area shall be used exclusively for such purpose, and shall be located on the same lot as the principal use and not in the front yard or adjacent to any outdoor storage area.

(4)

Zoning area standards. The building height, setback and total floor area shall be governed by the appropriate zoning district regulations.

(5)

Fences, walls and hedges. Fence or wall of at least five (5) feet in height shall enclose the play area, and shall otherwise comply with the requirements of section 23.4-11.

(6)

Access and child pick-up area. Safe and clear access to the center and on-site parking spaces and driveway areas shall be provided in compliance with the provisions of sections 23.4-18 and 23.4-19, off-street parking and loading regulations.

(7)

Loading and unloading. All unloading and loading of children shall take place on-site.

(8)

Hours of outdoor play. Outdoor play shall be limited to the hours of 8:00 a.m. to 6:00 p.m.

C.

Safety regulations. Every licensed facility shall conform to applicable codes and ordinances of the city, including building, electrical, and fire prevention codes, and shall be free from fire hazards and shall have adequate protection against fire and explosions.

7.

Manufacturing/processing/fabrication facilities.

A.

Purpose. It is the purpose of this section to provide standards to ensure quality design and long term compatibility of industrial and manufacturing operations with other light industrial and residential uses.

B.

Design and performance standards.

(1)

Height: Maximum height of any industrial/manufacturing structure excluding office not to exceed thirty-five (35) feet including silos or building façades.

(2)

Silos: The number of silos shall not exceed four (4) within the site area and shall be effectively screened.

(3)

Outdoor storage: Outdoor storage, commercial vehicle parking, display and sale of products shall be shielded from all public rights-of-way. See section 23.4-19 for additional outdoor storage regulations.

(4)

All production and processing shall be restricted to an enclosed building.

(5)

Buffering requirements shall apply as required by existing ordinances, but may be increased based on a site specific review basis.

(6)

Noise levels shall not be in excess of sixty-five (65) decibels measured from the property line adjacent to residential uses.

(7)

Minimum area per business/tenant on a multiple tenant/business site shall not be less than eight hundred (800) square feet for manufacturing or processing and five hundred (500) square feet for fabrication services.

C.

Recycling facility. In addition to the requirements in subsection 7.B. above, the following regulations shall apply to recycling facilities:

(1)

Outside storage of source materials shall be prohibited.

(2)

Adequate provisions and systems shall be installed to address odors, dust, vermin, contaminated runoff, and noise.

(3)

Operations may begin at 6:00 a.m. and shall end by 8:00 p.m., Monday through Saturday.

(4)

All delivery vehicles entering and leaving the site shall be outfitted with material containment devices to ensure dust and other debris do not collect on public or private rights-of-way or adjacent properties.

8.

Mini warehouses.

A.

Purpose. It is the purpose of this section to provide regulations and standards for the establishment of mini-warehouses as within designated zoning districts. Mini-warehouses are intended to accommodate the dead storage needs of families and small businesses. They are not intended to accommodate any office, retail, service, manufacturing or other similar activity. They are also not intended to be used for the storage of hazardous compounds or chemicals, explosives, or other dangerous content that could pose a threat to the immediate neighborhood. Mini-warehouses shall be approved through the appropriate regulatory board by conditional use procedures.

B.

Use and development regulations.

(1)

All business activity except rental of storage space prohibited.

(2)

The conduct of garage-type sales by any individual or business entity is prohibited.

(3)

All stalls and lockers which are rented to customers shall be arranged so as to be directly accessible to the customer without the need for loading, unloading or retrieval services.

(4)

There shall be no plumbing or electrical service or equipment, other than that required for lighting and fire suppression, which could make the facility in any way able to accommodate any office, retail, service, manufacturing or other similar activity.

(5)

No business or hobby may be operated from within.

C.

Accommodations for resident manager. Residential accommodations for a resident manager and the resident manager's family shall be permitted on a zoning lot which contains a mini-warehouse that has more than thirty thousand (30,000) square feet of rentable area. Such facilities shall be considered to be accessory to the mini-warehouse and shall thereby be permitted regardless of any provisions prohibiting residential uses from the district in which the mini-warehouse is located. Mini-warehouse facilities which have more than forty thousand (40,000) square feet of rentable storage area or which have doors to individual storage stalls or lockers which are not visible from a public right-of-way shall be required to have a full-time resident manager who lives on the site.

D.

Lighting. All outdoor areas within fifty (50) feet of any door providing access to a rentable storage area shall be lighted during all non-daylight hours with a minimum of five (5) foot candles of illumination. Lighting shall be shielded in accordance with the provisions of section 23.4-3.

E.

Parking lot regulations.

(1)

Rental of required parking spaces prohibited. Required parking spaces shall not be rented to customers for the purpose of parking or storing vehicles or for any other purpose.

(2)

Location of required parking spaces. Required customer parking spaces shall be located in close proximity of the resident manager's office.

(3)

Refer to section 23.4-10 for parking requirements.

F.

Circulation and loading.

(1)

Configuration of circulation and loading areas. Circulation and loading areas shall be arranged and sized to permit customer and fire fighting vehicles to circulate unobstructed by the loading or unloading of vehicles at individual storage stalls. Areas where vehicles may be placed for loading and unloading shall be distinguished from circulation routes by clear pavement markings. Such loading areas shall be adequate to accommodate one (1) one-ton or smaller vehicle at each storage stall door. The width of circulation routes and the dimensions of loading areas shall be subject to the approval of the special land use review authority based on the criteria of this section.

(2)

Paving and drainage of circulation and loading areas. Circulation and loading areas shall be paved with concrete or asphalt and shall be provided with drainage in accordance with specifications approved by the city engineer.

G.

Storage of fuel-driven motors and vehicles regulated. Fuel-driven vehicles and motors shall only be stored out-of-doors or in storage stalls which are completely and individually separated from other stalls by walls with a one-hour fire rating. No more than three (3) such vehicles shall be stored in any one (1) stall. Such vehicles and motors shall have their fuel tanks drained. No storage of fuel of any kind shall be permitted.

H.

Outdoor storage regulated. Outdoor storage shall be permitted only attendant to mini-warehouse facilities which have a full-time resident manager. Outdoor storage areas shall be completely screened from surrounding public rights-of-way and adjacent property by mini-warehouse buildings or by solid masonry walls constructed to a height of six (6) feet above grade, but such outdoor storage areas shall be fully visible from the quarters of the resident manager, either directly or by closed circuit television. See section 23.4-19 for additional outdoor storage regulations.

9.

Places of worship.

A.

Purpose. It is the purpose of this section to provide regulations and standards for places of worship within designated zoning districts. Places of worship shall be approved by administrative use procedures.

B.

Design and performance standards.

(1)

Buffering requirements shall apply as required by existing ordinances, but may be increased based on a site specific review basis.

(2)

All vehicular parking shall be provided with an adequate landscape buffer from adjacent residential uses.

(3)

Off street parking shall be governed by section 23.4-10. If multiple uses are proposed for the site, the mixed use parking regulations shall be applicable.

(4)

Nonhabitable space of structures associated with belfries, steeples, or religious symbols shall not be included in the overall height measurement of structure.

10.

Restaurants accessory to a motel.

A.

Purpose. It is the purpose of this section to provide regulations and standards for the establishment of restaurants accessory to motels within designated zoning districts. Restaurants accessory to motels shall be approved by the appropriate regulatory board by conditional use procedures.

B.

Regulations and standards.

(1)

The minimum motel size shall be ten (10) units.

(2)

The maximum seating shall be forty (40) seats and the maximum size shall be one thousand (1,000) square feet of restaurant seating area. Kitchen and prep areas are excluded from the maximum area calculations.

(3)

The restaurant shall not open before 7:00 a.m., and no customer shall be allowed in after 8:00 p.m.

(4)

The restaurant shall be located on the same site as the motel.

(5)

All newly-constructed motels that have a restaurant as an accessory use shall provide one (1) additional parking space for each one hundred fifty (150) square feet of restaurant seating area or part thereof.

(6)

The restaurant shall comply with and be licensed according to all federal, state and local health, safety and licensing requirements.

(7)

The sale of beer and wine in conjunction with a restaurant accessory to a motel shall be limited to consumption on premises only. In zoning districts that permit the sale of alcoholic beverages, any establishment selling same shall be located within the same building as the restaurant and shall meet all other zoning requirements.

(8)

The sale of prepackaged snacks, or provision of vending machines, shall not be construed as a restaurant under this section.

(9)

No part of this section shall be taken as to supersede licensing or operating requirements or standards as prescribed by the state division of hotels and restaurants.

11.

Townhouses.

A.

Townhouses shall comply with the following:

(1)

Front setback shall be ten (10) feet, with an open porch permitted in a minimum of five (5) feet of setback;

(2)

Distance between townhouse structures shall be twenty (20) feet; however, distance between double-stacked townhouse structures shall be thirty (30) feet;

(3)

Rear setback shall be twenty (20) feet with ten (10) feet for accessory structures;

(4)

Townhouse structures shall not exceed one hundred twenty (120) feet in overall length or six (6) units;

(5)

The maximum number of attached townhouse units within a townhouse building fronting on Federal Highway shall be four (4) units, unless a planned development district is approved; and

(6)

No front door access from alleys when abutting single family residential use or district.

(7)

For all stories above the second story, both the front façade and rear façade must be setback an additional distance beyond the minimum, except three-story townhouses not higher than thirty-five (35) feet shall meet the minimum front and rear setback requirements.

12.

Assisted living center/facility/nursing homes/retirement homes.

A.

Assisted living centers/facilities/nursing homes/retirement homes shall comply with the following:

(1)

These uses shall comply with the underlying restrictions of the zoning district in which they are located. No variances with regard to height, setback, lot coverage or FAR shall be granted.

(2)

The minimum parcel size shall be 2.5 acres.

(3)

For purposes of density restrictions, three (3) beds shall equal one (1) dwelling unit.

(4)

When located adjacent to residential single-family uses, a minimum twenty (20) feet of landscaped buffer shall be provided.

(5)

Access to site shall be directly from a primary street.

(6)

Facilities shall not be located within a radius of one thousand (1,000) feet of existing assisted living center/facility/nursing home or retirement home.

13.

Transit-oriented development.

A.

Purpose. It is the purpose of this subsection to provide regulations and standards for new development within the transit oriented development (TOD) zoning districts which will promote and provide for higher density and intensity uses as part of or in proximity to transit stations. The objective of locating more intensive uses near transit stations is to promote transit services along major transit corridors of the city, which include the CSX railway line west of Interstate 95 and the FEC railway line running just west of Dixie Highway. The TOD zoning districts implement the transit oriented development land use category of the general plan.

B.

Applicability. The standards of this subsection provide for a mixture of commercial, high-density residential, retail, public, and semi-public uses in close proximity to transit stations, encouraging transit usage in conjunction with a safe and pleasant pedestrian-oriented environment. These standards emphasize intensification of development and reduced reliance on motor vehicles. These standards shall apply to new development projects located within the TOD zoning districts. The maximum density, FAR, and building height can only be obtained in conjunction with the development of a transit station.

C.

Permit requirements. Either an administrative use or conditional use permit shall be required for any proposed commercial, mixed-use, or industrial development projects consisting of five thousand (5,000) square feet of gross floor area or greater.

(1)

Issues for review. Both administrative use and conditional use permit review shall consider the site plan of the proposed project to ensure that findings can be made that the use is compatible with future transit-based uses.

(2)

Required findings. Both administrative use and conditional use permit approval shall require that the review authority first make the following findings in addition to the findings required by sections 23.2-28 and 23.2-29:

a.

The project consists of a use, or mix of uses, that encourage transit use and is oriented toward the transit user.

b.

The project is designed to enhance pedestrian access or other non-motorized modes of transportation to public transit.

c.

The project encourages pedestrian activity or other non-motor vehicle modes of transportation and reduces dependency on motor vehicles.

D.

Design and performance standards. Where a specific development standard is not identified below, the applicable development standard of the underlying zoning district shall be applicable. Where a development standard is in conflict with the underlying zoning district, the specific development standard outlined below shall be applicable.

(1)

Minimum lot area: Thirteen thousand (13,000) square feet.

(2)

Density:

Minimum: Ten (10) du/acre.

Maximum: Forty (40) du/acre with community benefit.

(3)

FAR:

(a)

TOD East:

1.7 Maximum excluding structured parking without a transit station.

2.2 Maximum excluding structured parking with a transit station.

(b)

TOD West:

2.1 Maximum excluding structured parking without a transit station.

2.6 Maximum excluding structured parking with a transit station.

(4)

Stories:

(a)

By right: Two (2) stories.

(b)

With community benefit without a transit station:

i.

TOD East:

Up to four (4) stories - Lake Avenue Station.

Up to three (3) stories - Tenth Avenue North and Ninth Avenue South Stations.

ii.

TOD West:

Up to four (4) stories.

(c)

With development and incorporation of a transit station as community benefit:

i.

TOD East:

Up to five (5) stories - Lake Avenue Station.

Up to four (4) stories - Tenth Avenue North and Ninth Avenue South Stations.

ii.

TOD West:

Up to five (5) stories.

(5)

Building height.

(a)

By right: Thirty (30) feet.

(b)

With community benefit without a transit station:

i.

TOD East:

Up to forty-five (45) feet - Lake Avenue Station.

Up to thirty-five (35) feet - Tenth Avenue North and Ninth Avenue South Stations.

ii.

TOD West: Up to forty-five (45) feet.

(c)

With development and incorporation of a transit station as community benefit:

i.

TOD East:

Up to fifty-five (55) feet - Lake Avenue Station.

Up to forty-five (45) feet - Tenth Avenue North and Ninth Avenue South Stations.

ii.

TOD West: Up to fifty-five (55) feet.

(6)

Parking: Parking for mixed uses.

(7)

Minimum design requirements.

(a)

Building frontage and façade. In order to support pedestrian oriented development within the TOD areas, building frontages and open spaces for pedestrian use are maximized.

(b)

Entries. Buildings adjacent to a transit platform, station, or major pedestrian access way shall have one (1) main entry oriented to the platform, station, street, or access way.

(c)

Shade. Development abutting a sidewalk or pedestrian way will provide structured shading, such as awnings, arcades, colonnades, pergolas or trellises.

(d)

Improvements between buildings and the street. The area between a building or exterior improvement and the public right-of-way must be landscaped or hard-surfaced for use by pedestrians. If hard surfaced, the area must contain pedestrian amenities such as benches, drinking fountains, or other design elements (such as public art, planters, and kiosks) and be physically separated from parking areas by a five-foot deep landscaped area. Bicycle parking may be located in the area between the building and a street lot line when the area is hard-surfaced.

(e)

Structured parking garages. Projects within the TOD areas are encouraged to provide structured parking garages to maximize parking as well as open space. The first three (3) levels of a structured parking garage shall not be included in the gross floor area in calculating the overall FAR. All levels above the first three (3) shall be included in the gross square footage for FAR calculation to a maximum of 3.0 for a project inclusive of a structured parking garage element of more than three (3) levels.

14.

Drive-through facilities.

A.

Purpose. It is the purpose of this section to provide regulations and standards for the establishment of drive-through facilities as conditional uses through the appropriate decision making authority.

B.

Regulations and standards. Drive-through facilities shall be designed to minimize conflicts between pedestrian and vehicular circulation. The facility, including the stacking lanes, must not be visible from public rights-of-way and shall be subject to the standards listed below.

(1)

Separation. Each drive-through lane shall be separated from circulation routes necessary for ingress or egress from the property or access to any parking space.

(2)

Drive-through facilities shall be one hundred (100) feet from any residential zoning district.

(3)

Marking. Each drive-through lane shall be striped, marked, or otherwise distinctly delineated in a manner acceptable to the city.

(4)

Queuing and stacking. The queuing or vehicle stacking capacity of a drive-through facility shall be at least one hundred (100) feet. The minimum distance shall be measured from the centerline of the window closest to the edge of right-of-way from which access is provided. The stacking capacity may be increased based upon individual circumstances as determined by the city.

(5)

Drive-through facilities shall not be allowed on any building façade that directly fronts on a public or private right-of-way. On eligible building façades (sides and/or rear) the following design standards are required where windows for drive-through facilities are proposed:

(a)

All principal and accessory structures related to the drive-through facilities shall be one hundred (100) feet from any residential zoning district.

(b)

The building façade shall have windows that occupy no less than twenty-five (25) percent of the façade and that are located at the pedestrian level. A maximum of ten (10) of this twenty-five (25) percent may be non-transparent windows.

(c)

The building façade shall be modulated and divided into smaller identifiable pieces to articulate the plane of the façade.

(d)

The building façade shall have at least one offset having a roof.

(e)

Additional landscaping for the screening of drive-through facilities is required in accordance with Article 6, Section 23.6-1 Landscape Regulations.

(f)

Roofing. Roofs constructed as part of drive-through facilities shall be consistent with the architectural style, materials, and colors of the principal structure.

(g)

Noise. Any drive-up or drive-through speaker system shall emit no more than 65 (dB) decibels and at no time shall any speaker system be audible above daytime ambient noise levels beyond the real property lines of the site. The system shall be designed to compensate for ambient noise levels in the immediate area.

15.

Medical related uses.

A.

Purpose. It is the purpose of this subsection to provide regulations and standards for medical related uses within designated zoning districts. Medical uses can have an impact on an area but also provide a necessary health service. As such, medical related uses shall be approved through the appropriate decision making authority by conditional use procedures. Medical related uses shall include, but not be limited to, medical offices, out patient clinics, health clinics/urgent care facilities, and pharmacy/drug store as a principal use.

B.

Regulations and standards.

1.

All such uses shall front a major thoroughfare.

2.

Hours of operation shall be weekdays anytime between 8:00 a.m. to 8:00 p.m., unless an operational waiver allowing expanded hours is granted by the appropriate board. A waiver may be granted if it can be established that operating hours beyond the specified times will not constitute a nuisance or negatively affect surrounding properties. Under no circumstances shall a waiver be granted if the property is located next to a residential zoning district.

3.

Sufficient/adequate parking shall be documented to serve the needs of the doctors, staff, clients and patients of said use.

4.

In the DT zoning district, said uses may be established only if fronting Dixie Highway. No waiver or variance shall be granted for this requirement.

5.

Said uses may not be established on properties that have frontages on either Lake Avenue or Lucerne Avenue. No waiver or variance shall be granted for this requirement.

6.

Once established, said use may not be expanded without conditional use approval regardless of increased size of use.

7.

All medical services to be provided at said location must be included on the business license application and updated annually should the array of services change or expand. Changes in services and/or expansion of types of services will be evaluated to determine whether the additional services would constitute an expansion of use requiring an updated conditional use approval.

16.

Pharmacy/drug store.

A.

Purpose. It is the purpose of this subsection to provide regulations and standards for pharmacy and drug store uses within designated zoning districts.

B.

Regulations and standards.

(1)

All such uses shall front a major thoroughfare.

(2)

Hours of operation shall be weekdays anytime between 7:00 a.m. to 10:00 p.m., unless an operational waiver allowing expanded hours is granted by the appropriate board. A waiver may be granted if it can be established that operating hours beyond the specified times will not constitute a nuisance or negatively affect surrounding properties. Under no circumstances shall a waiver be granted if the property is located next to a residential zoning district.

(3)

In the DT zoning district, said uses may be established only if fronting Dixie Highway. No waiver or variance shall be granted for this requirement.

(4)

Said uses may not be established on properties that have frontages on either Lake Avenue or Lucerne Avenue. No waiver or variance shall be granted for this requirement.

(5)

Once established, said use may not be expanded without conditional use approval regardless of increased size of use.

(6)

All services to be provided at said location must be included on the business license application and updated annually should the array of services change or expand. Changes in services and/or expansion of types of services will be evaluated to determine whether the additional services would constitute an expansion of use requiring an updated conditional use approval.

(7)

As a principal use, it cannot be located closer than one thousand (1,000) feet from another pharmacy/drug store.

(8)

In addition to the regulations and standards above (excluding subsection (7) above), a pharmacy can be approved as an accessory use with the following conditions:

i.

In the DT zoning district, such use shall only be accessory to medical related uses (See section 23.4-13(c)15).

ii.

Such use shall be approved only as a conditional use.

iii.

Such use may only be ten (10) percent or twenty-five hundred (2,500) square feet of the gross floor area of the principal use, whichever is less.

iv.

Such use must be located entirely within the principal use.

v.

Such use shall not have a separate outside entrance from the principal use.

vi.

The hours of operation shall be equal to or less than that of the principal use.

vii.

Such use shall not be advertised or provided signage separate from the principal use.

17.

Storage specialty.

A.

Purpose. It is the purpose of this section to provide regulations and standards for the establishment of storage-specialty within designated zoning districts. Specialty storage facilities are intended to accommodate the dead storage needs of families and small businesses in interior air-conditioned environment. They are not intended to accommodate any office, retail, service, manufacturing or other similar activity within the storage area. They are also not intended to be used for the storage of hazardous compounds or chemicals, explosives, or other dangerous content that could pose a threat to the immediate neighborhood. Specialty storage shall be approved through the appropriate regulatory board by conditional use procedures.

B.

Use and development regulations.

(1)

All use activity shall be conducted entirely within the building.

(2)

Along major thoroughfares the use shall not front directly onto the ROW and shall be developed with an office, retail, or commercial component that activate the street frontage.

(3)

Loading areas shall not be visible from any of the city's major thoroughfare rights-of-way.

(4)

There shall be no plumbing or electrical service or equipment, other than that required for lighting and fire suppression, which could make the facility in any way able to accommodate any office, retail, service, manufacturing or other similar activity within designated storage area.

(5)

No business, hobby or other activity unrelated to the purpose of the use may be operated from within.

C.

Lighting. Supplementary lighting shall be shielded in accordance with the provisions of section 23.4-3.

D.

Parking lot regulations.

(1)

Rental of required parking spaces prohibited. Required parking spaces shall not be rented to customers for the purpose of parking or storing vehicles or for any other purpose.

E.

Circulation and loading.

(1)

Configuration of circulation and loading areas. Circulation and loading areas shall be arranged and sized to permit customer and emergency vehicles to circulate unobstructed by the loading or unloading of vehicles at individual storage stalls and shall not be visible from any of the city's major thoroughfares. Areas where vehicles may be placed for loading and unloading shall be distinguished from circulation routes by clear pavement markings. The width of circulation routes and the dimensions of loading areas shall be subject to the approval of the development review official or designee based on the criteria of this section.

F.

Outdoor storage regulated. Outdoor storage is prohibited.

18.

Breweries, distilleries, micro-breweries, micro-distilleries, specialty breweries and specialty distilleries.

A.

Purpose. It is the purpose of this section to provide regulations and standards for all types of brewery and distillery establishments within designated zoning districts. These uses shall be approved through the appropriate decision-making authority.

B.

Design and performance standards.

(1)

Minimum site area: Seventy-five hundred (7,500) square feet.

(2)

Minimum lot width: Seventy-five (75) feet.

(3)

Minimum distances. All such uses shall be located a minimum of five hundred (500) feet from each other. Distance shall be measured from property line to property line, without regard to intervening structures or objects.

(4)

Landscape requirements. The site must be provided with a minimum five-foot-wide perimeter planting area when adjacent to residential uses. Site landscaping shall comply with adopted landscape regulations.

(5)

Buffering. A fence or wall shall be erected at a height of not less than six (6) feet when the parking area(s) or other common area(s) is within twenty-five (25) feet of a residential district, in addition to the landscaping requirements outlined in subsection (5), above. All fences and walls shall be constructed of concrete, masonry or metal. Metal fences shall be open weave chain link, vinyl coated type combined with a shrub hedge or ornamental in nature. Walls shall be finished with a graffiti-resistant paint.

(6)

Variances for minimum site area shall not be granted.

(7)

Specialty breweries and specialty distilleries must front one of the city's major thoroughfares.

(8)

Outdoor display of any items is strictly prohibited.

(9)

Establishments must have at least twenty-five (25) percent clear glazing and fenestration along frontages with entrances clearly identifiable.

(10)

Display windows must have engaging and pedestrian friendly vignettes. Covering of display windows with posters, paper, advertisements, written signs and similar shall be strictly prohibited. Vacant buildings shall have approved vignettes covering windows until an active business is established and operating.

(11)

All sales transactions, except during city approved special events, shall take place within the building.

(12)

Walk up sales windows shall not be allowed.

(13)

All storage, production, shipping and receiving associated with use must be confined within an approved building or structure.

(14)

All deliveries and distribution activities shall take place between the hours of 8 a.m. and 6 p.m. Monday through Saturday, except when located within an industrial zoning district.

(15)

Each facility shall abide by the following restrictions on production capacity:

(a)

Breweries and distilleries shall have capacity limited only by size of property and square footage of building and/or structure.

(b)

Micro-breweries and micro-distilleries shall have a production capacity of no more than seven hundred fifty thousand (750,000) proof gallons on an annual basis, or two million, nineteen thousand (2,019,000), 750 ml bottles production per year.

(c)

Specialty breweries and specialty distilleries shall have a production capacity of no more than three hundred twenty-five thousand (325,000) proof gallons on an annual basis, or one million nine thousand five hundred (1,009,500), 750 ml bottles production per year.

(16)

Each facility shall abide by the following restrictions on deliveries:

(a)

Breweries and distilleries shall have unlimited commercial truck deliveries for shipping, receiving and distribution, except no deliveries on Sunday.

(b)

Micro-breweries and micro-distilleries shall have no more than twelve (12) commercial truck deliveries for shipping, receiving and distribution each week and no deliveries on Sunday.

(c)

Specialty breweries and specialty distilleries shall have no more than six (6) commercial truck deliveries for shipping, receiving and distribution each week and no deliveries or distribution on Sunday. All deliveries must take place on site and off public rights-of-way.

(17)

All micro-breweries, micro-distilleries, specialty breweries and specialty distilleries shall be required to have a retail sales component and a consumption on premises component. For micro-breweries, micro-distilleries, specialty breweries and specialty distilleries in mixed-use districts, no more than seventy (70) percent of the use area shall be used for brewery or distillery manufacturing or production, including packaging with the balance consisting of office, retail sales and taprooms/tasting areas.

(18)

For micro-breweries, micro-distilleries, specialty breweries and specialty distilleries, guest taps may be allowed in conjunction with a tap or tasting room not to exceed thirty (30) percent of the number of taps or on-site production unless as part of a restaurant with bar or bar use approval.

(19)

All spoils generated as the result of the fermentation and production shall be disposed in an appropriate manner meeting all requisite health and safety standards.

(20)

Other appropriate conditions may be placed on the use approval depending on location, building/structure and orientation to ensure nuisance type of activities including but not limited to noise, dust, pollutants, odors, and waste by products and other use impacts do not occur.

19.

Money business services.

A.

Purpose. It is the purpose of this section to provide regulations and standards for money business services such as payment instrument seller, foreign currency exchanger, check casher, or money transmitter. These uses shall be approved through the appropriate decision-making authority. Principal uses shall be reviewed through the conditional use permit process. These uses may also occur as accessory to single destination commercial only provided the development standards are met for both the principal and accessory use.

B.

Design and performance standards.

1)

Separation Distance:

(a)

A minimum separation distance of four hundred (400) feet for accessory uses from other money business establishments.

(b)

A minimum separation distance of one thousand (1,000) feet for principal uses from other money business establishments.

(c)

Distance shall be measured in a straight line from the nearest portion of the money business licensed premises to the nearest property line of the protected land use. For the purposes of such measurement, the nearest exterior wall of the licensed premises, or the nearest wall of the unit containing the use in a multi-tenant structure, or the nearest point on an outside area which is a part of the licensed premised (if any), shall be used. This minimum distance requirement shall not apply when the money business use and the protected land use are located in the same multi-tenant center.

2)

Operational Standards:

(a)

Hours of operation shall be limited to 8:00 a.m. to 9:00 p.m. on Monday through Saturday and 9:00 a.m. to 6:00 p.m. on Sunday.

(b)

No temporary or promotional signage shall be permitted on windows or doors except as expressly permitted in section 23.5-1, signs.

(c)

Interior and exterior video surveillance for security purposes is required and surveillance recordings shall be maintained for a minimum of fourteen (14) days.

(d)

The site shall meet appropriate Crime Prevention through Environmental Design (CPTED) standards as feasible.

(e)

Except, pawn shops shall comply with the more restrictive of F.S. § 539.001, the standards in this section, and the standards in LDR section 23.4-13(c)(5) for single destination commercial uses.

(Ord. No. 2014-22, § 18(Exh. Q), 9-9-14; Ord. No. 2015-04, § 6(Exh. E), 8-4-15; Ord. No. 2016-15, § 5(Exh. D), 5-17-16; Ord. No. 2018-06, § 3, 3-6-18; Ord. No. 2018-10, § 13(Exh. L), 7-17-18; Ord. No. 2019-14, § 5(Exh. D), 12-3-19; Ord. No. 2020-07, § 5(Exh. D), 6-16-20; Ord. No. 2020-12, § 4(Exh. C), 8-18-20; Ord. No. 2023-06, § 12(Exh. K), 8-15-23; Ord. No. 2024-13, § 22(Exh. U), 11-19-24)

A.

The following shall be allowed to be displayed only in front of the business to which the items belong:

(1)

Up to three (3) items, which must be new or in excellent condition.

(2)

Flowers or foliage, maintained per City Code.

(3)

Used and new clothing stores may display one (1) freestanding vertical clothing pole with a maximum of three (3) items of clothing.

(4)

No item can obstruct entry or exit from any store or property or in any other way be hazardous to pedestrians or motorists. All items must be placed entirely on private property and may not be located in required parking areas or landscaped areas.

B.

The following shall be allowed by first obtaining an administrative use permit on behalf of each individual business for a sales event no more than four (4) times a year for a duration of three (3) days:

(1)

Art or craft demonstrations.

(2)

Outdoor sales of items.

(3)

Other art or craft or artist related items.

C.

The following items shall not be displayed outside of any store or business at any time:

(1)

Upholstered furniture or bedding.

(2)

Electrical appliances.

(3)

Horizontal racks of clothing.

(4)

Vehicles (except in authorized and licensed lots) or parts thereof.

(5)

Any items which are in disrepair, rusty, mold or mildew damaged, soiled or sandy, any item having chipped or peeling paint, any item having protruding bolts or nails.

D.

The appropriate regulatory advisory board shall review and make recommendations to the appropriateness of granting a variance from the open air operations rules.

A.

Cemeteries/mausoleums/columbariums shall comply with the following:

(1)

These uses shall comply with the underlying restrictions of the zoning district in which they are located. No variances with regard to height, setback, lot coverage or FAR shall be granted.

(2)

The minimum parcel size shall be two and one-half (2.5) acres.

(3)

When located adjacent to residential single-family uses, a minimum twenty (20) feet of landscaped buffer shall be provided, which shall include native shade trees at a minimum of twenty-five (25) feet on center.

(4)

Access to site shall be directly from a primary street.

(5)

Facilities shall not be located within a radius of one thousand (1,000) feet of existing assisted living center/facility/nursing home or retirement home.

(6)

Facilities shall be provided with a perimeter fence or wall six (6) feet in height. Fences and walls abutting a right-of-way shall be setback a minimum of thirty (30) inches to provide a landscape area along the right-of-way.

(7)

Facilities shall have visitation hours of 8:00 a.m. to sunset.

(8)

Facilities shall provide guest parking of at least twenty-five (25) spaces.

(Ord. No. 2020-15, § 3(Exh. B), 12-1-20)

a)

For existing residential structures, placement of mechanical equipment shall be allowed in the rear or side setback and/or between the main structure and a public street if there is insufficient space to locate the equipment outside of the setbacks. However, in no case shall mechanical equipment be located less than eighteen (18) inches from a property line to allow for its maintenance. Equipment located in the rear or side setback must meet requirements of the landscape code and the equipment must be screened from view of the right-of-way. In addition, product information or an engineering report must be submitted indicating the noise level will not be in excess of sixty-five (65) decibels as measured at the property line. Mechanical systems/equipment are not permitted to be located in the front setback of any property.

(Ord. No. 2014-02, § 9(Exh. H), 1-7-14; Ord. No. 2023-06, § 13(Exh. L), 8-15-23; Ord. No. 2024-06, § 13(Exh. L), 5-21-24)

a)

Permanent standby by generators are permitted in all districts and for all uses and may be used only during periods of electrical power outages in the utility system. Maintenance running may occur once a week Monday through Friday between 10:00 a.m. and 2:00 p.m. for a period not to exceed ten (10) minutes. Only one (1) generator shall be allowed per residential unit. Noise levels shall not be in excess of sixty-five (65) decibels measured from the property line. Property owners will be allowed to have generators as an accessory use subject to the following requirements:

1.

May be located in side setbacks with a maximum height of thirty (30) inches including the concrete pad. If located in a side yard, a landscape plan must be submitted indicating the landscape or screening used to prevent visibility from the right-of-way.

2.

May be located in the rear setback if the property is not located on an alley.

3.

A standby generator located in a side or rear setback requires a minimum three-foot separation from the property line.

4.

A site plan must be submitted indicating the proposed location of the generator and the distance to the property line and the distance to any adjacent residential openings such as doors, windows, vents, etc.

5.

Product information or an engineering report must be submitted indicating the noise level will not be in excess of sixty-five (65) decibels as measured at the property line.

6.

Standby generators with an integral/integrated fuel system storage are prohibited in the mixed use east (MU-E) and downtown (DT) districts.

(Ord. No. 2014-02, § 10(Exh. I), 1-7-14)

a)

Definitions. For the purpose of this section the following definitions shall apply:

(1)

Portable storage unit. Any container designed for the storage of personal property and/or overflow merchandise which is typically rented to owners or occupants of property for their temporary use and which may be delivered and removed by vehicle.

(2)

Site. A piece, parcel, tract, or plot of land occupied, or that may be occupied, by one (1) or more buildings or uses and their accessory buildings and uses which is generally considered to be one (1) unified parcel.

b)

Number, duration and removal.

(1)

On-site storage. There shall be no more than one (1) portable storage unit per site, at one (1) time, and no larger than one hundred thirty (130) square feet in total area. A site permit, as required in this section, below, for a portable storage unit to remain at a site in a residential or non-residential zoning district shall be valid for a maximum of seven (7) consecutive days.

(2)

Cumulative time restriction. No portable storage unit shall be placed at any one (1) site in a residential or non-residential zoning district in excess of twenty-one (21) days within any 12-month period. All sites are limited to the maximum number of three (3) site permits within any 12-month period. If more than one (1) unit in succession is to be used at a site, the time regulations detailed herein shall begin to accrue from the date of which the first unit was placed at the location.

(3)

Notwithstanding the time limitations as stated above. All portable storage units shall be removed from the city immediately upon the issuance of a hurricane warning by a recognized governmental agency. The removal of a portable storage unit during a hurricane warning is the responsibility of the owner/operator of the portable storage unit.

(4)

On-site storage prohibited. No on-site storage units shall be allowed on vacant, unimproved properties unless associated with a commensurate building permit for that site.

c)

Site permit required prior to placing a portable storage unit on any site.

(1)

The site owner/occupier or the owner/operator of the portable storage unit must apply for site permit. Application for the site permit shall be made to the director of community sustainability, or his/her designee, on a form provided by the city. A review shall be conducted by the community sustainability department.

(2)

The application shall include the signature of the site property owner or renter in order to ensure that the site owner or the renter has full knowledge of and consents to placement of the portable storage unit on his or her site and the provisions of this section. If the applicant is a renter of the property, then the applicant must also provide written consent from the property owner to make such application. A site permit fee, established by resolution of the city commission, shall accompany the application. The issuance of a site permit shall allow the applicant to place a portable storage unit on the site in conformance with the requirements of this section. The exterior of the portable storage unit shall have a weatherproof clear pouch, which must display the site permit at all times. However, no site permit shall be issued if it is determined that the storage unit provider or site owner is in violation of any provision of this section.

d)

Maintenance and prohibition of hazardous materials. The owner/operator of a portable storage unit and/or the site owner/occupier of the property on which a portable storage unit is placed shall be responsible to ensure that the portable storage unit is in good condition, free from evidence of deterioration, weathering, discoloration, rust, ripping, tearing or other holes or breaks. When not in use, the portable storage unit shall be kept locked. The site owner/occupier of the property on which a portable storage unit is placed shall also be responsible that no hazardous substances are stored or kept within the portable storage unit.

e)

Residential zoning districts. In residential areas or zoning districts, a portable storage unit shall only be placed in a driveway or other paved surface, unless the rear of the site is readily available, and must be set back a minimum of five (5) feet from side property lines, and three (3) feet from the front property lines. In the event that the director of community sustainability, or his/her designee, determines that there is no driveway, or other paved surface, and the rear of the site is not accessible for placement of a portable storage unit, the director of community sustainability, or his/her designee, may approve placement of a portable storage unit in the front yard providing that the placement of such portable storage unit does not obstruct the free, convenient, and normal use of the public right-of-way or access to any dwellings thereon.

f)

Non-residential zoning districts. In non-residential areas or zoning districts, a portable storage unit shall only be placed in the rear or side portion of a site. Under no circumstances shall a portable storage unit be placed in an area fronting a street or road, or in the front parking lot of a non-residential site. All portable storage units shall comply with all applicable zoning requirements as it relates to setback and use requirements. The placement of a portable storage unit in fire lanes, passenger loading zones, commercial loading zones or public rights-of-way shall be strictly prohibited.

g)

Portable storage units shall be for storage purposes only. No other activity such as utilizing the unit for work or living space shall be allowed.

h)

Violations.

(1)

It shall be unlawful for any person to place or permit the placement of a portable storage unit on a site which he or she owns, rents, occupies, or controls without first obtaining a site permit from the director of community sustainability, or his/her designee.

(2)

It shall be unlawful for a portable storage unit to remain at a site in excess of the time periods permitted under this section. Each day that any such portable storage unit remains at the site in violation of the permitted time periods shall constitute a violation against any person who owns, rents, occupies, or otherwise controls the site.

(3)

Any violation of this chapter shall be subject to section 1-6 or may be deemed a public nuisance and as such, would be subject to the provisions for removal and abatement of said nuisance as prescribed herein.

(Ord. No. 2015-04, § 7(Exh. F), 8-4-15)

A.

Outdoor storage.

a)

Outdoor storage in residential districts. Outdoor storage in residential districts for residential purposes shall be limited to domestic equipment and normal supplies necessary for residents. Storage shall not be permitted in any front yard.

b)

Outdoor storage in mixed-use districts and Artisanal Industrial. Outdoor storage in mixed-use districts and the Artisanal Industrial (AI) district shall be permitted only as accessory to an approved principal use. All such storage shall be completely screened from all public rights-of-way and any adjacent property that is zoned for residential or mixed use. Screening shall require both fencing and landscaping. Outdoor storage of chemicals or parts is prohibited in mixed-use districts and the AI district.

c)

Outdoor storage in I-POC. Outdoor storage in the I-POC industrial districts shall be permitted only as accessory to an approved principal use. All such storage shall be completely screened from all public rights-of-way and any adjacent property that is zoned for residential or mixed use. Outdoor storage of equipment, vehicles, boats, parts, materials, or chemicals are required to be stored on an impervious paved surfaces to reduce pollutants in stormwater runoff.

(Ord. No. 2018-10, § 14(Exh. M), 7-17-18; Ord. No. 2020-11, § 9(Exh. H), 8-18-20; Ord. No. 2020-15, § 4(Exh. C), 12-1-20; Ord. No. 2024-06, § 14(Exh. M), 5-21-24)

a)

General regulations for solar energy systems.

1.

All solar energy systems constructed, reconstructed, installed, moved, or maintained within the city shall comply with the following regulations:

2.

Zoning.

A.

Small-scale solar energy systems are a permitted accessory use within all zones, whether as part of a structure or incidental to one or more structures.

B.

Medium and large scale solar energy systems are a permitted accessory use within all commercial and industrial zones, whether as part of a structure or incidental to one or more structures.

3.

Height.

A.

For a roof-mounted system installed on a sloped roof, the highest point of the system shall not exceed the highest point of the roof to which it is attached as allowed by setback requirements.

B.

For a roof-mounted solar energy system installed on a flat roof, the highest point of the system may exceed the height limits applicable to each district by five feet.

C.

Ground-mounted solar energy systems may be up to fifteen (15) feet in height, whether or not the district's accessory structure height limit is less than fifteen (15) feet.

4.

Setback. Ground-mounted solar energy systems accessory to a principal use shall be located only in the side or rear yards and no closer than one-half (½) of the setback that would otherwise apply from the side or rear lot line.

5.

Building permit. A building permit is required for the installation and/or construction of a solar energy system.

6.

A site plan review is required for medium and large scale solar energy systems prior to building permit approval. Site plan documents shall include:

A.

Property lines and physical features, including roads, for the project site;

B.

Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures;

C.

Blueprints or drawings of the solar energy system showing the proposed layout of the system, the distance between the proposed solar collector and all property lines, and the tallest finished height of the solar collector;

D.

Name, address, and contact information for proposed system installer;

E.

Name, address, phone number and signature of the project proponent, as well as all co-proponents or property owners, if any;

F.

Zoning district designation for the parcel(s) of land comprising the project site.

G.

Documentation that the owner has submitted notification to the utility company of the customer's intent to install an interconnected customer-owned generator. Off-grid systems are exempt from this requirement.

7.

Lot coverage and impervious surface. The area covered by ground-mounted solar energy systems, where the ground beneath is permeable or pervious, shall not be included in calculations for lot coverage or impervious cover.

8.

Pre-existing non-conforming uses and structures. The installation or replacement of solar energy systems that do not change the use or the basic exterior characteristics or appearance of the building or structure is allowed.

9.

Accessory use maximum. Solar energy systems are exempt from being counted toward any current or future restriction on the number of accessory uses on a lot.

10.

Emergency access. Roof-mounted solar energy systems shall be located in such a manner as to ensure emergency access to the roof, provide pathways to specific areas of the roof, provide for smoke ventilation opportunities, and provide emergency egress from the roof.

11.

For buildings with pitched roofs, solar collectors shall be located in a manner that provides a minimum of one three-foot wide clear access pathway from the eave to the ridge on each roof slope where solar energy systems are located as well as one three-foot smoke ventilation buffer along the ridge.

12.

Rooftops that are flat shall have a minimum three-foot wide clear perimeter between a solar energy system and the roofline, as well as a three-foot wide clear perimeter around roof-mounted equipment such as HVAC units.

b)

Solar access.

1.

No building permit shall be issued if the proposed building, wall, fence, or other structure shall shade more than ten (10) percent of the absorption area of an existing functional solar energy system located on any other property between the hours of 10:00 a.m. and 2:00 p.m. The city may modify this requirement if it finds that strict compliance would unduly limit property development, or unduly interfere with the development potential as envisioned for the area in the Comprehensive Plan or Zoning Ordinance.

2.

If the owner of the property where the solar energy system is installed is willing to relocate the system, the city has the discretion to require the property owner whose structure, fence, wall or vegetation may obstruct the solar energy system to pay the reasonable relocation costs.

c)

Historic district. Solar energy systems in historic districts should be designed, sized, and located to minimize their effect on the character of historic buildings.

1.

Place solar energy systems to avoid obscuring significant features or adversely affecting the perception of the overall character of the property.

2.

Minimize visual impacts by locating solar energy systems back from the front façade.

3.

Consider installing solar energy systems on an addition or secondary structure where applicable.

4.

Use the least invasive method feasible to attach the solar energy system to a historic roof such that it avoids damage to significant features and historic materials and can be removed and the original character easily restored.

5.

All solar energy systems within the historic district require a certificate of appropriateness. See section 23.5-4 for certificate of appropriateness application procedures.

d)

Removal of ground-mounted medium and large scale solar energy systems.

1.

Removal requirements. Any medium or large scale ground-mounted solar energy system which has reached the end of its useful life or which has been decommissioned shall be removed. The owner or operator shall physically remove the installation no more than one hundred fifty (150) days after the date of discontinued operations. The owner or operator shall notify the city by certified mail of the proposed date of discontinued operations and plans for removal. The city may grant an extension to remove the installation upon written request detailing extenuating circumstances.

Removal shall consist of:

A.

Physical removal of all solar energy systems, structures, and equipment from the site.

B.

Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.

C.

Stabilization or re-vegetation of the site as necessary to minimize erosion. The city may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.

D.

In the event that the owner refuses to remove a medium or large scale ground-mounted solar energy system when it has reached the end of its useful life or which has been decommissioned, the City of Lake Worth may proceed with code enforcement remedies or seek judicial relief to enter the property and remove the abandoned, hazardous, or decommissioned medium or large scale ground-mounted solar energy system. As a condition of site plan approval, the city may require the applicant and/or property owner to agree to allow the city to remove the solar energy system if the owner does not comply with the requirements of this section.

2.

Abandonment. Absent notice that a medium or large scale ground-mounted solar energy system has reached the end of its useful life or that it is being decommissioned, the medium or large scale ground-mounted solar energy system shall be considered abandoned when it fails to operate for more than one year. If the owner or operator of the solar energy system fails to remove the abandoned solar energy system in accordance with the requirements of this section within one hundred fifty (150) days after the city has given the owner notice that the medium or large scale ground-mounted solar energy system has not operated for more than a year, the City of Lake Worth may proceed with code enforcement remedies or seek judicial relief to enter the property and remove the abandoned, hazardous, or decommissioned medium or large scale ground-mounted solar energy system. As a condition of site plan approval, the city may require the applicant and/or property owner to agree to allow the city to remove an abandoned solar energy system if the owner does not comply with the requirements of this section.

(Ord. No. 2018-10, § 14(Exh. M), 7-17-18)

a)

Rooftop equipment screening.

1.

All roof-mounted mechanical systems/equipment visible from an adjacent property or an adjacent street shall be screened from view.

A.

Materials used for screening purposes shall be compatible with the architectural style, color, and materials of the principal building.

B.

The minimum height of such screening shall be equal to the highest point of the systems/equipment.

2.

Exemptions:

A.

Solar energy systems are exempt from screening requirements.

B.

Systems/equipment less than one foot in height, measured from the roof deck, and painted to match the color of the structure to which it is attached, shall be considered as conforming to the requirements of this section.

C.

If the existing roof cannot support the additional weight associated with the required screening materials, alternative materials may be used subject to approval by the building official. A certified letter from a structural engineer or architect registered in the State of Florida shall be required to substantiate the condition for this exemption.

D.

Existing buildings with multiple roof-mounted systems/equipment shall be exempt from screening requirements until such time as the use or occupancy of the building changes, or when alterations are made which are valued at twenty-five (25) percent or more of the assessed value of the existing building, as determined by the building official.

(Ord. No. 2018-10, § 14(Exh. M), 7-17-18)

a)

Medium or heavy duty commercial vehicles or construction vehicles.

1)

Exclusions.

A.

This section shall not apply to any vehicle in this category that is parked or stopped upon a public right-of-way as a result of an emergency due to a malfunction of the vehicle beyond the control of its owner; in the case of such emergency, the owner will be permitted to make necessary repairs or arrange for its removal, but such incapacitated vehicle shall not be permitted upon such public right-of-way for more than twenty-four (24) hours.

B.

This section shall not apply to the temporary parking of any vehicle in this category or construction equipment on any privately-owned real property within a residential district where construction for which a current and valid permit has been issued by the city is underway on the property. Nothing in this subsection is intended to require a permit where none is otherwise required.

C.

This section shall not apply to deliveries by tradesmen, or the use of vehicles in this category in making service calls.

2)

General conditions.

A.

Outdoor parking, storage or keeping of commercial vehicles in this category shall be permitted only in the I-POC industrial district on impervious approved surfaces. The outdoor parking, storage or keeping of these vehicles shall be considered an outdoor storage use and the requirements in section 23.4-19, outdoor storage, shall apply.

B.

No major vehicle repair work may be conducted on the premises unless the owner of the business maintains an active business license for automotive service and repair.

C.

Restriction on size. There shall be no restriction on size other than the requirement that the vehicle shall not extend onto or over public property or abutting private properties.

D.

Screening requirements. All commercial vehicles in this category shall be effectively screened from all public rights-of-way and any adjacent property that is zoned for residential or mixed use.

b)

Commercial business or service vehicles.

1)

Exclusions.

A.

This section shall not apply to any vehicle in this category that is parked or stopped upon a public right-of-way as a result of an emergency due to a malfunction of the vehicle beyond the control of its owner; in the case of such emergency, the owner will be permitted to make necessary repairs or arrange for its removal, but such incapacitated vehicle shall not be permitted upon such public right-of-way for more than twenty-four (24) hours.

B.

This section shall not apply to the temporary parking of any commercial vehicle in this category on any privately-owned real property within a residential district where construction for which a current and valid permit has been issued by the city is underway on the property. Nothing in this subsection is intended to require a permit where none is otherwise required.

C.

This section shall not apply to deliveries by tradesmen, or the use of vehicles in this category in making service calls.

2)

General conditions.

A.

Commercial business or service vehicles, excluding all towed trailers regardless of size and weight, may be parked in mixed-use districts in designated parking spaces on the same property as an associated business with an active business license. Site plan approval is required. Commercial business or service vehicle parking shall be depicted on the site plan and shall not exceed twenty-five (25) percent of required parking. Garage parking of these vehicles is permitted on the first two floors of a parking garage.

B.

The development review official or applicable board shall be authorized to allow for businesses to exceed the maximum commercial vehicle parking limitation of twenty-five (25) percent through the site plan approval process on existing non-conforming properties, provided that the applicant can demonstrate off-street parking in front of the business accommodates customer and employee parking and provides a parking plan that designates commercial business or service vehicle parking and employee parking.

C.

No major vehicle repair work may be conducted on the premises unless the owner of the business maintains an active business license for automotive service and repair.

D.

Screening requirements. All commercial vehicles in this category shall be effectively screened from all public rights-of-way and any adjacent property that is zoned residential or mixed use whenever feasible.

(Ord. No. 2020-15, § 5(Exh. D), 12-1-20)

Temporary uses have characteristics that require certain restrictions in order to ensure compatibility with other uses in the zoning district in which they are proposed. All temporary uses are required to obtain a temporary use permit pursuant to the procedures of section 23.2-37. Temporary uses are subject to the corresponding standards and limitations of this section. Renewal of a temporary use permit, as allowed within this section, is subject to approval by the development review official. It shall be the responsibility of the applicant to demonstrate that the conditions of the original approval still exist.

a.

Temporary uses by district.Section 23.3-6, use tables, depicts the temporary uses permitted in each zoning districts in accordance with all standards and regulations in the city's code.

b.

Temporary use requirements. All temporary uses shall meet all applicable provisions of the City Code of Ordinances, in addition to the following requirements.

1.

Business offices, temporary. A temporary building for use as a business office is permitted on a ninety-day basis. The applicant may request to renew such approval upon its expiration if the conditions of approval still exist. All temporary business offices shall be shown on the site plan for approval of the permanent facility. Any temporary parking associated with the temporary business office shall follow procedures of the temporary parking lot use herein.

2.

Construction field offices. A temporary building for use as a construction field office is permitted on a twelve-month basis unless it is renewed by the respective business. Renewals may be requested and considered in association with an active building permit.

A.

One (1) temporary building per construction site shall be permitted if associated with an active building permit. A site plan shall be required as part of a temporary use permit application to ensure the proposed field office is located to minimize impacts on adjacent properties owners, including addressing traffic, parking and drainage issues.

B.

Any temporary parking associated with the construction field office shall follow the standards and procedures of the temporary parking lot use herein.

3.

Construction staging, off-site. This section applies to the temporary use of property outside of the right-of-way for activities related to the construction of public and private improvements. Temporary facilities allowed in conjunction with a staging site may include a construction field office, portable restroom facilities, vehicle or equipment storage, layout yards, contractor parking, storage of construction materials or product, and other uses as approved by the development review official. Off-site construction staging facilities may be located in all zoning districts where they are directly associated with construction of public and private improvements in the area, subject to the following requirements and limitations:

A.

Off-site construction staging facilities are permitted on a twelve-month basis. The applicant may request to renew such approval upon its expiration if the conditions of approval still exist. An unlimited number of renewals may be applied for and considered.

B.

Such facilities shall be located within one thousand five hundred (1,500) feet of the boundary of the construction project.

C.

At the expense of the agency or contractor, notification to all property owners within two hundred (200) feet of the subject site shall be required fifteen (15) days prior to any action by the development review official.

D.

Stormwater and driveway permits must be obtained from the applicable city departments. It must be shown that steps will be taken to prevent the blowing of dust onto adjacent properties and the tracking of mud onto public rights-of-way.

E.

A minimum of a five-foot landscaped buffer shall be required adjacent to residential properties. Screening from non-residential properties and rights-of-way shall be adequate to prevent the blowing of dust onto adjacent properties and rights-of-way, reduce noise, and to substantially block the views of site and equipment.

F.

Hours of operation shall be consistent with the construction hours of operation as otherwise established by city ordinance or herein.

G.

Any temporary parking or construction field offices associated with the construction staging area shall follow the respective standards of the temporary parking lot use below. Outdoor storage of commercial vehicles greater than eight thousand (8,000) lbs shall be permitted upon issuance of an associated temporary use permit and building permit. Such parking and storage of large vehicles and shall be adequately screened as generally consistent with the outdoor storage requirements of this code as determined by the development review official.

H.

Following completion of the associated project, the site must be returned to its pre-construction or better state as determined by the development review official. All buildings, driveway access, curb and gutter, debris, and product must be removed, and the area must be sodded with grass or Florida friendly ground cover as approved the development review official within forty-five (45) days of removal.

4.

Parking lot, temporary. A temporary parking lot may be approved, for a period not to exceed twelve (12) months, when parking in excess of what was installed when a facility first opened is necessary to accommodate business or unanticipated patronage. A temporary parking lot required as part of another temporary use permit may be approved in accordance with the period of time established for such temporary use. All temporary parking lots are subject to the following requirements and limitations:

A.

Location. Temporary parking lot are permitted in any zoning district, except single-family residential and are not permitted fronting the major thoroughfares of Lake Avenue and Lucerne Avenue.

B.

Site plan of proposed parking configuration, buffers and screening, on-site circulation and right-of-way access shall be required.

C.

Stormwater and driveway permits shall be required and approved by both the building official and the city engineer. The stormwater water permit application shall include the surface material of the parking lot and demonstrate compliance with NPDES requirements for construction parking facilities. Curbs, gutters, or other improvements may be required where necessary to comply with drainage regulations. The stormwater permit and driveway permit should address the prevention of dust blowing onto adjacent properties and the tracking of sediments and mud onto public rights-of-way.

D.

Entrance to the lot from any public right-of-way shall be pursuant to standard safe driveway separation requirements in this code or shall be approved by the city engineer to ensure public safety. The entrances of the lot from a public right-of-way shall be paved with an all-weather surface and/or NPDES compliance surface as approved by the city engineer to mitigate stormwater runoff pollutants and to prevent the blowing of dust onto adjacent properties and the tracking of sediments and mud onto public rights-of-way.

E.

At the end of the permit approval period, the area shall meet the following:

a.

The area shall no longer be used for the parking of vehicles, except as permitted below. All paving material, driveway access, and curb and gutter must be removed, and the area must be sodded with grass or Florida friendly ground cover as approved by the development review official within forty-five (45) days of removal.

b.

A temporary parking lot approved for the purposes of accommodating unanticipated patronage may be retained if brought up to full compliance with all standards of the City's Code of Ordinances. If no site plan is approved within two (2) months of the expiration of the temporary approval, the temporary parking lot shall be removed in accordance with the standards above.

5.

Residential sales offices and model homes. A temporary residential sales office or model home must be located within the legal subdivision for which lots are being sold or on the subject property. In addition, the following standards and requirements shall be met:

A.

A temporary use permit with a conditional certificate of occupancy to operate the model home/sales office will expire after twelve (12) months unless it is renewed by the builder, upon which the burden shall fall to demonstrate to the development review official that the conditions of approval still exist. An unlimited number of applications to renew the temporary use permit may be applied for and considered.

B.

The design and construction of the model home or sales office must be consistent with the character of the subject neighborhood. A model home or temporary sales office may construct a monument sign no larger than sixteen (16) square feet and no taller than four feet in height, subject to the requirements of this code.

C.

The model home shall be constructed in such a manner that it can be converted, without structural changes, to a single-family, two-family, or multi-family residence (as allowed by the zoning district). Such conversion shall occur no later than after the issuance of certificates of occupancy to eighty (80) percent of the associated residential units or when use as a sales office or model home has ceased.

D.

A temporary building for use as a sales office is permitted on a six-month basis only if a model home has not been constructed. The temporary sales office is subject to the renewal policy outlined for model homes but shall be removed once the model home has been constructed.

6.

Seasonal product sales or a temporary farmer's market shall require a business license and registration of individual vendors with the city.

(Ord. No. 2020-20, § 8(Exh. G), 2-16-21)

Editor's note— Ord. No. 2020-20, adopted February 16, 2021, added § 23.4-22. In order to avoid conflicts in section numbering the editor has renumbered the provisions as § 23.4-23.

a)

The following development standards shall apply to take-out establishments, take-out restaurants or establishments with a "take-out" or "pick-up" window or outdoor waiting area. "Take-out" establishments located in the Downtown (DT) Zoning District are not permitted to be located in the portion of buildings with frontage or access (window or door) onto Lake Avenue or Lucerne Avenue. The location requirement in the DT zoning district shall not apply to full service restaurants with indoor dining provided that both the "take-out" or "pick-up" use area is less than twenty-five (25) percent of the total use area accessible to customer and the designated waiting area is located inside.

b)

Take-out establishments shall not be movable such as a mobile stand, food truck or kiosk.

c)

"Take-out" or "pick-up" windows or service openings to the exterior, excluding entrance doors into the business, shall not be located on a building facade that faces a public right-of-way, unless they are designed in a manner consistent with the building's architectural style and to be an aesthetic asset to the building and neighborhood.

d)

Designated customer waiting areas, located outside of a take-out establishment and within a public right-of-way, shall require a right-of-way permit from the appropriate authority and shall not impact ADA accessibility. Waiting areas shall not extend beyond the façade width of the take-out establishment in the public right-of-way as permitted or shall not extend beyond the site's property lines.

e)

Exterior covered/lidded refuse bin/s shall be provided in a designated location/s that is screened from the public right-of-way and adjacent properties in so far as feasible. The refuse bins shall be available outside of the take-out establishment during hours of operation and shall be removed when the business is closed unless otherwise approved by the development review official.

(Ord. No. 2021-01, § 5(Exh. D), 4-20-21)

Editor's note— Ord. No. 2021-01, adopted April 20, 2021, added § 23.4-23. In order to avoid conflicts in section numbering the editor has renumbered the provisions as § 23.4-24.

a)

Project size. All micro-unit projects must provide a minimum of 10 micro-units.

b)

Micro-unit use restriction. Micro-units must be residential and may not be converted to other uses. Each micro-unit must be separately metered for electric.

c)

Personal service, retail or commercial space. All micro-unit projects should be designed as mixed use projects providing personal service, retail and/or commercial areas, including the required parking as set forth in this section and shall be allowed only within the City's mixed use zoning districts. The aforementioned listed uses other than residential should account for at least ten (10) percent of the gross area of the project or two thousand five hundred (2,500) square feet, whichever is less. If a project does not provide a mix of uses, the interior shared common area shall be at least fifteen (15) percent. Live work space, co work space or general office space may not count toward the required area for non-residential uses.

d)

Residential building type. All micro-unit projects must be in a multi-family structure or collection of multi-family structures. Individual micro-units may not be combined to facilitate larger individual units.

e)

Interior shared common areas. Interior shared common areas supporting micro-units must equate to ten (10) percent of the gross living area of all residential units within the project. Such supporting common areas may include but not be limited to the following:

1.

Reading room,

2.

Gym/exercise facilities,

3.

Virtual office space,

4.

Party/community room,

5.

Game room,

6.

Library,

7.

Movie theatre,

8.

Gourmet kitchen,

9.

Art labs,

10.

Other similarly situated common usage areas, and

11.

Essential support areas such as lobbies, hallways, egress routes, stairs, concierge areas, staff offices, maintenance areas and required restroom facilities or similar shall not count toward shared interior common areas.

f)

Parking. Parking may be a combination of the following:

1.

One (1) parking space or equivalent for each micro unit;

2.

Fifty (50) percent or more of the required spaces shall be standard parking spaces;

3.

Up to twenty-five (25) percent of the parking spaces may be compact spaces (8'0" × 18'0");

4.

Up to twenty-five (25) percent of the parking spaces may be met with bicycle, scooter or motorcycle storage. Four (4) bicycle storage spaces shall equal one (1) parking space; two (2) scooter storage spaces shall equal one (1) parking space; and two (2) motorcycle storage spaces shall equal one (1) parking space;

5.

Required guest and employee parking may be met with the same parking space combination ratio. Guest and employee parking shall be no less than one (1) space for every one hundred (100) square feet of common area, public area, support area and offices, excluding required hallways, egress routes and stairs; and

6.

The mixed-use parking reduction of twenty-five (25) percent shall not apply.

g)

Outdoor amenity. All micro-unit projects shall provide for an outdoor amenity that is above and beyond the required interior shared common area. Outdoor amenity space shall be no less than five (5) percent of the gross area of all residential units and may not count toward the required interior shared common area.

h)

Exception. For existing structures being converted to micro-unit residential use, the total combined interior shared common area and outdoor amenity space may be any combination of these areas equating to at least twenty (20) percent of the gross area of the residential use area, of which at least ten (10) percent must be interior shared common area, regardless of whether it will be an all residential or a mixed use building(s).

(Ord. No. 2022-13, § 3, 10-6-22; Ord. No. 2024-07, § 2, 5-21-24; Ord. No. 2024-11, § 2, 10-1-24)

a)

Residential swimming pools.

1.

No swimming pool shall be located closer than five (5) feet to any rear property line or within any easement for utilities, drainage or access.

2.

Special yard situations.

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.

3.

Pool decks and patios.

a.

At grade deck or patio constructed in conjunction with any swimming pool shall not be located within an easement or closer than one (1) foot to any property line.

b.

Above grade deck or patio constructed in conjunction with any swimming pool shall be not be located within an easement or and shall follow the setback requirements for structures as provided in the subject zoning district.

4.

Pool enclosures. Screen enclosures for swimming pools shall not be located within an easement and shall follow the setback requirements for structures as provided in the subject zoning district.

5.

Pool equipment shall be subject to the requirements of section 23.4-16.

(Ord. No. 2024-13, § 23(Exh. V), 11-19-24)