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Lantana City Zoning Code

ARTICLE V

- DISTRICT REGULATIONS

Sec. 23-90. - Application of district regulations.

The regulations set by the zoning regulations within each zoning district shall be minimum or maximum limitations, as appropriate to each case, and shall apply uniformly to each class or kind of structure, use, or land or water, except as hereinafter provided:

(a)

Use. No buildings or structure or land shall hereinafter be used or occupied, and no building or structure or part thereof shall be erected, constructed, reconstructed, moved or altered, except in conformity with the regulations herein specified for the district in which it is located.

(b)

Height and density. No building shall hereafter be erected, constructed, reconstructed or altered to exceed the requirements of the defined zones.

(c)

Yards and other spaces. No part of a yard or other space or the off-street parking or loading space required about any building for the purpose of complying with the provisions of this chapter shall be included as part of the yard or off-street parking or loading space required for another building.

(d)

Limitation on number of principal buildings on lots in residential areas. Except as hereinafter provided, only one (1) principal residential building, and its customary accessory buildings, except for multifamily buildings may hereafter be constructed on any lot.

(e)

Public street frontage. Each building shall be erected on a lot which abuts a public street.

(Ord. No. O-08-2010, § 1(Exh. A), 7-12-10)

Sec. 23-91. - Zoning districts.

All of the property located within the corporate limits of the Town is hereby divided into district use districts or zones, which have been set forth under section 23-3. Each district shall have specific permitted uses, accessory uses, and uses by special exception, as well as development regulations which are set forth in detail below.

(Ord. No. O-08-2010, § 1(Exh. A), 7-12-10)

Sec. 23-92. - R1A residential district.

(a)

Purpose and intent. It is the purpose and intent of this district to provide lands within the Town for single-family residential uses of the lowest possible density. No more than one (1) dwelling unit per lot is permitted and density shall not exceed four and thirty-six hundredths (4.36) dwelling units per gross acre based on a minimum lot size of ten thousand (10,000) square feet.

(b)

Permitted uses. In a R1A residential district, no building, structure, land use or water use shall be permitted except for one (1) or more of the following uses:

(1)

Single-family dwellings.

(2)

Home-based businesses.

(c)

Accessory uses. Accessory uses customarily incidental and subordinate to the main use or building shall be permitted in an R1A residential district. Accessory uses shall not be located within any required yard setbacks. Accessory uses permitted in R1A residential district are as follows:

(1)

Private garages and carports.

(2)

Swimming pools.

(3)

Spas and hot tubs.

(4)

Cabanas and saunas.

(5)

Greenhouses.

(6)

Tennis courts.

(7)

Private docks.

(8)

Utility buildings.

(9)

Gazebos.

(10)

Solar energy system, small scale.

(d)

Special exceptions. When the Town Council determines as a fact, after review of the application and plans submitted therewith, that the conditions, general standards and provisions of this Code, as set forth in section 23-75, and other regulations as set forth and defined in this Code, have been met, and when the proposed use or uses are consistent with good zoning practice and are not contrary to the policies of the Town comprehensive land use plan, the following uses shall be permitted:

(1)

Publicly owned and operated buildings and facilities.

(2)

Public utility structures and buildings (i.e., pump stations, electric substations, police and fire stations).

(3)

Parks.

(4)

Schools.

(e)

Building requirements.

Minimum lot size, square feet .....10,000

Minimum lot width and minimum frontage on dedicated right-of-way, feet .....75

Maximum lot coverage:

For single story building footprint, percent .....40

For multi-storied building footprint, percent .....35

Maximum front yard impervious surface, percent .....50

Hard-surfaced areas, including driveways, walkways, patios, and other paved areas, shall not exceed fifty (50) percent of the surface of the required front yard. Areas which are covered with Turf-block or similar pervious pavers that allow surface water to percolate through to the ground shall not be considered as hard-surfaced or paved.

Minimum front setback, feet .....25

Minimum side setback, feet:

One-story structures:

With maximum ceiling height of twelve (12) feet .....10

With ceiling height over twelve (12) feet .....15

Multistory structures .....15

If tiered:

First story with maximum ceiling height of twelve (12) feet .....10

Additional stories .....15

Minimum rear setback, feet .....10

Maximum building height, feet .....35

Minimum building area, square feet (excluding accessory uses) .....2,000

Corner lots:

Minimum front setback, feet .....25

Minimum side setback, feet (street side) .....20

Minimum rear setback, feet .....10

(Ord. No. O-08-2010, § 1(Exh. A), 7-12-10; Ord. No. O-13-2017, § 2, 11-27-17; Ord. No. O-06-2019, § 4, 3-11-19; Ord. No. O-17-2019, § 10, 11-25-19; Ord. No. O-14-2021, § 2, 2-14-22)

Sec. 23-93. - R1 residential district.

(a)

Purpose and intent. It is the purpose and intent of this district to provide lands within the Town for single-family residential uses consisting of no more than one (1) dwelling unit per lot and density shall not exceed five and four-tenths (5.4) dwelling units per gross acre based on a minimum lot size of eight thousand (8,000) square feet.

(b)

Permitted uses. In a R1 residential district, no building, structure, land use or water use shall be permitted except for one (1) or more of the following uses:

(1)

Single-family dwellings.

(2)

Group homes with six (6) or fewer residents (see section 23-133 for additional requirements).

(3)

Home-based businesses.

(c)

Accessory uses. Accessory uses customarily incidental and subordinate to the main use or building shall be permitted in an R1 residential district. Accessory uses shall not be located within any required yard setbacks. Accessory uses permitted in an R1 residential district are as follows:

(1)

Private garages and carports.

(2)

Swimming pools.

(3)

Spas and hot tubs.

(4)

Cabanas and saunas.

(5)

Greenhouses.

(6)

Tennis courts.

(7)

Private docks.

(8)

Utility buildings.

(9)

Gazebos.

(10)

Solar energy system, small scale.

(d)

Special exceptions. When the Town Council determines as a fact, after review of the application and plans submitted therewith that the conditions, general standards and provisions of this Code, as set forth in section 23-75, and other regulations as set forth and defined in this Code, have been met, and when the proposed use or uses are consistent with good zoning practice and are not contrary to the policies of the Town comprehensive land use plan, the following uses shall be permitted:

(1)

Publicly owned and operated buildings and facilities.

(2)

Public utility structures and buildings (i.e. pump stations, electric substations, police and fire stations).

(3)

Parks.

(4)

Schools.

(e)

Building requirements.

Minimum lot size, square feet .....8,000

Minimum lot width and minimum frontage on dedicated right-of-way, feet .....75

Maximum lot coverage, percent .....40

Maximum front yard impervious surface, percent .....50

Hard-surfaced areas, including driveways, walkways, patios, and other paved areas, shall not exceed fifty (50) percent of the surface of the required front yard. Areas which are covered with Turf-block or similar pervious pavers that allow surface water to percolate through to the ground shall not be considered as hard-surfaced or paved.

Minimum front setback, feet .....25

Minimum side setback, feet:

One-story structures:

With maximum ceiling height of twelve (12) feet .....10

With ceiling height over twelve (12) feet .....15

Multistory structures .....15

If tiered:

First story with maximum ceiling height of twelve (12) feet .....10

Additional stories .....15

Minimum rear setback, feet .....10

Maximum building height, feet .....35

Minimum building area, square feet (excluding accessory uses) .....1,000

Corner lots:

Minimum front setback, feet .....25

Minimum side setback, feet (street side) .....20

Minimum rear setback, feet .....10

(Ord. No. O-08-2010, § 1(Exh. A), 7-12-10; Ord. No. O-13-2017, § 3, 11-27-17; Ord. No. O-17-2019, § 11, 11-25-19; Ord. No. O-14-2021, § 3, 2-14-22)

Sec. 23-94. - R3 residential district.

(a)

Purpose and intent. It is the purpose and intent of this district to provide lands within the Town for single-family residential uses consisting of no more than one (1) dwelling unit per lot and density shall not exceed five and eighty-one hundredths (5.81) dwelling units per gross acre based on a minimum lot size of seven thousand five hundred (7,500) square feet. See section 23-130. Downtown Overlay Design Requirements for additional development requirements and architectural guidelines.

(b)

Permitted uses. In a R3 residential district, no building structure, land use or water use shall be permitted except for one (1) or more of the following uses:

(1)

Single-family dwellings.

(2)

Home-based businesses.

(3)

Group homes with six (6) or fewer residents (see section 23-133 for additional requirements).

(c)

Accessory uses. Accessory uses customarily incidental and subordinate to the main use or building shall be permitted in an R3 residential district. Accessory uses shall not be located within any required yard setbacks. Accessory uses permitted in an R3 residential district are as follows:

(1)

Private garages and carports.

(2)

Swimming pools.

(3)

Spas and hot tubs.

(4)

Cabanas and saunas.

(5)

Greenhouses.

(6)

Tennis courts.

(7)

Private docks.

(8)

Utility buildings.

(9)

Gazebos.

(10)

Solar energy system, small scale.

(d)

Special exceptions. When the Town Council determines as a fact, after review of the application and plans submitted therewith that the conditions, general standards and provisions of this Code, as set forth in section 23-75, and other regulations as set forth and defined in this Code, have been met, and when the proposed use or uses are consistent with good zoning practice and are not contrary to the policies of the Town comprehensive land use plan, the following uses shall be permitted:

(1)

Publicly owned and operated buildings and facilities.

(2)

Public utility structures and buildings (i.e. pump stations, electric substations, police and fire stations).

(3)

Private residential clubs.

(4)

Parks.

(5)

Schools.

(6)

Churches.

(7)

Tennis courts.

(8)

Shared parking. This special exception use shall only be allowed on those lots or lots of record that are immediately adjacent to and contiguous with those lots or lots of record that are designated P public ownership district for the use and benefit of those adjacent public properties only. Furthermore, property approved for use as shared parking shall not be used by nor allow parking for any property other than those properties specifically listed in the Order approving same.

(e)

Building requirements.

Minimum lot size, square feet .....7,500

Minimum lot width and minimum frontage on dedicated right-of-way, feet .....50

Maximum lot coverage, percent .....40

Maximum front yard impervious surface, percent .....50

Hard-surfaced areas, including driveways, walkways, patios, and other paved areas, shall not exceed fifty (50) percent of the surface of the required front yard. Areas which are covered with Turf-block or similar pervious pavers that allow surface water to percolate through to the ground shall not be considered as hard-surfaced or paved.

Required front setback, feet .....20

Minimum side setback, feet .....7.5

Maximum combined side setback, feet .....20

Allowed porch encroachment (front only), feet .....10

Minimum rear setback, feet .....5

Maximum building height to cornice line or top of parapet, feet .....25

Minimum building area per dwelling unit, square feet (excluding accessory uses) .....800

Corner lots:

Required front setback, feet .....20

Required side setback, feet (street side) .....15

Maximum combined side setback, feet .....25

Allowed porch encroachment (front only), feet .....10

Corner lots at intersecting streets—(See section 23-8(e))

(Ord. No. O-08-2010, § 1(Exh. A), 7-12-10; Ord. No. O-13-2017, § 4, 11-27-17; Ord. No. O-17-2019, § 12, 11-25-19; Ord. No. O-14-2021, § 4, 2-14-22)

Sec. 23-95. - R15 residential district.

(a)

Purpose and intent. It is the purpose and intent of this district to provide lands within the Town for a higher density range of multiple-family residential uses. Density shall not exceed fifteen (15) dwelling units per gross acre. See section 23-130, "Downtown Overlay Design Requirements" for additional development requirements and architectural guidelines.

(b)

Permitted uses. In a R15 residential district, no building, structure, land use or water use shall be permitted except for one (1) or more of the following uses:

(1)

Single-family dwellings.

(2)

Duplexes.

(3)

Multifamily dwellings.

(4)

Home-based businesses.

(5)

Group homes with up to fourteen (14) residents (see section 23-133 for additional requirements).

(c)

Accessory uses. Accessory uses customarily incidental and subordinate to the main use or building shall be permitted in an R15 residential district. Accessory uses shall not be located within any required yard setbacks. Accessory uses permitted in an R15 residential district are as follows:

(1)

Private garages and carports.

(2)

Swimming pools.

(3)

Spas and hot tubs.

(4)

Cabanas and saunas.

(5)

Greenhouses.

(6)

Tennis courts.

(7)

Private docks.

(8)

Utility buildings.

(9)

Gazebos.

(10)

Solar energy system, small scale.

(11)

Solar energy system, large scale.

(d)

Special exceptions. When the Town Council determines as a fact, after review of the application and plans submitted therewith that the conditions, general standards and provisions of this Code, as set forth in section 23-75, and other regulations as set forth and defined in this Code, have been met, and when the proposed use or uses are consistent with good zoning practice and are not contrary to the policies of the Town comprehensive land use plan, the following uses shall be permitted:

(1)

Publicly owned and operated buildings and facilities.

(2)

Public utility structures and buildings (i.e. pump stations, electric substations, police and fire stations).

(3)

Parks.

(4)

Schools.

(5)

Group home facilities with more than fourteen (14) residents.*

(6)

Foster care facilities with more than fourteen (14) residents.*

(7)

Congregate living facilities with more than fourteen (14) residents. [3]

(8)

Accessory parking.

(9)

Coin-operated laundry facilities for residents only.

(10)

Churches.

(11)

Planned residential development. The development of more than three (3) residential units may be approved by the Town Council as a planned residential development. Through the special exception waiver approval process the Town Council may waive provisions of the zoning district regulations as well as regulations found in the subdivision code, landscape code and sign code so long as conditions of approval are placed upon the planned residential development to ensure that the development makes a substantial contribution to the neighborhood and is developed in accordance with the spirit and intent of all codes of the Town of Lantana. A site plan review by the development services director and the Town Council is mandatory. Standards for special exceptions set forth at section 23-75 must be met.

(e)

Building requirements.

Minimum lot size:

Per single-family unit, square feet .....4,500

Per two (2) or more units, per unit, square feet .....2,900

Minimum lot width and minimum frontage on dedicated right-of-way, feet .....50

Maximum lot coverage, percent .....40

Maximum front yard impervious surface, percent

Single-family lots .....50

Duplex lots .....60

Hard-surfaced areas, including driveways, walkways, patios, and other paved areas, shall not exceed the following percentage of the surface of the required front yard. Areas which are covered with Turf-block or similar pervious pavers that allow surface water to percolate through to the ground shall not be considered as hard-surfaced or paved.

Minimum front setback, feet .....20

Minimum side setback, feet

One-story structures:

With maximum ceiling height of twelve (12) feet .....7.5

With ceiling height over twelve (12) feet .....10

Multistory structures .....10

If tiered:

First story with maximum ceiling height of twelve (12) feet .....7.5

Additional stories .....10

Minimum rear setback, feet .....10

Maximum building height, feet .....35

Minimum building area, square feet (excluding accessory uses) .....600

Corner lots:

Minimum front setback, feet .....20

Minimum side setback, feet (street side) .....15

Minimum rear setback, feet .....10

(f)

Waivers. A development order application for a planned mixed-use development may request one (1) or more waivers pursuant to section 23-104.

(Ord. No. O-08-2010, § 1(Exh. A), 7-12-10; Ord. No. O-13-2017, § 5, 11-27-17; Ord. No. O-06-2019, § 5, 3-11-19; Ord. No. O-17-2019, § 13, 11-25-19; Ord. No. O-06-2021, § 2, 3-22-21; Ord. No. O-14-2021, § 5, 2-14-22; Ord. No. O-05-2023, § 2, 7-24-23)

Footnotes:
--- (3) ---

Note— See also section 23-133 for additional requirements.


Sec. 23-96. - C1 commercial district.

(a)

Purpose and intent. It is the purpose and intent of this district to provide lands within the Town for limited commercial and business activities primarily designed to serve residential neighborhoods. A Floor Area Ratio ("FAR") of 1.0 shall be the maximum allowable commercial intensity. See section 23-130, "Downtown Overlay Design Requirements" for additional development requirements and architectural guidelines.

(b)

Permitted uses. In a C1 commercial district, no building, structure, land use or water use shall be permitted except for one (1) or more of the following uses:

(1)

Retail stores and shops.

(2)

Business services, e.g. printers, office supplies.

(3)

Professional services, e.g. doctors, lawyers, accountants, including medical or sports massage therapists licensed by the State of Florida pursuant to Subtitle 64B7. F.A.C.

(4)

Personal services, e.g. beauty salons, spas.

(5)

Restaurants less than two thousand five hundred (2,500) square feet in size with no drive-thru.

(6)

Laundry and dry cleaning establishments, self-service laundries (including coin-operated laundry machines.

(7)

Offices.

(8)

Indoor showrooms and sales, e.g. home improvements, vehicles with no outside sales lot.

(9)

Auction houses.

(10)

Financial institutions.

(c)

Accessory uses. Accessory uses customarily incidental and subordinate to the main use or building shall be permitted in a C1 commercial district. Accessory uses shall not be located within any required yard setbacks. Accessory uses permitted in a C1 commercial district are as follows:

(1)

Any necessary use customarily incidental to a permitted use.

(2)

Solar energy system, small scale.

(3)

Solar energy system, large scale.

(d)

Special exceptions. When the Town Council determines as a fact, after review of the application and plans submitted therewith that the conditions, general standards and provisions of this Code as set forth in section 23-75, and other regulations as set forth and defined in this Code, have been met, and when the proposed use or uses are consistent with good zoning practice and are not contrary to the policies of the Town comprehensive land use plan, the following uses shall be permitted (see NOTE below):

Note: Special exception uses denoted with the following two-letter subarea codes, representing specified sub-areas specifically defined at section 23-130, indicate that these special exception uses are NOT allowed in those denoted subarea(s): CC-Cottage Commercial; DC-Dixie Corridor; and OMX-Ocean Avenue Mixed Use.

(1)

Publicly owned and operated buildings and facilities.

(2)

Public utility structures and buildings (i.e. Pump stations, electric substations, police and fire stations).

(3)

Parks.

(4)

Schools, except in CC, DC.

(5)

Bars, lounges and nightclubs.

(6)

Service stations, except in CC or OMX. All new service stations shall permanently install a standby electrical generator with sufficient capacity to power the entire service station facility, not including vehicle washing/cleaning equipment, such that the loss of commercially supplied electrical power shall not result in the loss of service. Additionally, if any existing service station facility is renovated, reconstructed or remodeled in any way, where the total combined cost exceeds fifty thousand dollars ($50,000.00) during any twelve-month period, such service station shall be required to install a permanent standby electrical generator, which satisfies the criteria listed hereinabove.

(7)

Indoor entertainment, including: movie or other theater; pool hall; billiard hall; bowling alley (except in CC, OMX); amusement arcade (no gambling allowed); indoor athletic, tennis, swim or health club; ballroom, dancehall.

(8)

Churches.

(9)

Commercial docks and/or marinas (see section 23-134 for additional requirements).

(10)

Shared parking.

(11)

Group home facilities, foster care facilities and/or congregate living facilities with more than fourteen (14) residents.

(12)

Vehicle sales, service and/or repair, except in CC, OMX or DC.

(13)

Massage services as a primary use, not associated with permitted professional or personal services.

(14)

Spiritualist/palm reader, except in CC, OMX or DC.

(15)

Thrift shops, except in CC, OMX or DC.

(16)

Pawn shops, except in CC, OMX or DC.

(17)

Tattoo/body piercing shops, except in CC, OMX or DC.

(18)

Day labor services, except in CC, OMX or DC.

(19)

All businesses with drive-thru service, except in CC, or OMX.

(20)

Car wash, except in CC, OMX or DC.

(21)

Restaurants twenty-five hundred (2,500) square feet or greater in size.

(22)

Fraternal organizations, clubs and civic groups.

(23)

Planned commercial development. The development of property one (1) acre in size or greater may be approved by the Town Council as a planned commercial development. Through the special exception waiver approval process the Town Council may waive provisions of the zoning district regulations as well as regulations found in the subdivision code, landscape code and sign code so long as conditions of approval are placed upon the planned commercial development to ensure that the development makes a substantial contribution to the neighborhood and is developed in accordance with the spirit and intent of all codes of the Town of Lantana. A site plan review by the development services director and the Town Council is mandatory. Standards for special exceptions set forth at section 23-75 must be met.

(24)

Parking lots and structures. See section 23-131(13).

(25)

Hotels and motels.

(26)

Heliports, except in CC, OMX or DC and only on properties of greater than fifty (50) acres in size.

(27)

Recreational watercraft rentals (i.e., boats, houseboats, jet skis, kayaks, canoes, etc.).

(28)

Vehicle rental, except in CC, OMX, or DC.

(e)

Additional development requirements for properties located in the urban infill and redevelopment area (UIRA), as designated in the comprehensive plan. Development of a commercial property located in this area, but not within the downtown overlay zone, which is one (1) acre or greater in size shall only be as a planned commercial development (PCD). PCD's require approval of the town council through the special exception approval process. Please see [subsection] (d)(24) hereinabove. "Big-box" retail, which is defined as a singular retail user occupying fifty thousand (50,000) square feet of gross floor area or more, is specifically prohibited in the UIRA.

(f)

Building requirements.

Minimum lot size, square feet .....7,500

Minimum lot width and minimum frontage on dedicated right-of-way feet .....75

Maximum lot coverage, percent .....60

Minimum front setback, feet .....15

Minimum side setback, feet .....10

Minimum rear setback, feet .....10

Maximum building height, feet (except in CC) .....35

Maximum building height, feet (in CC) .....25

Minimum building area (excluding accessory uses) .....N/A

Corner lots:

Minimum front setback, feet .....20

Minimum side setback, feet (street side) .....15

Minimum rear setback, feet .....10

(g)

Waivers. A development order application for a planned mixed-use development may request one (1) or more waivers pursuant to section 23-104.

(Ord. No. O-08-2010, § 1(Exh. A), 7-12-10; Ord. No. O-11-2010, § 1, 11-8-10; Ord. No. O-18-2012, § 1, 10-8-12; Ord. No. O-12-2016, § 1, 10-24-16; Ord. No. O-13-2017, § 6, 11-27-17; Ord. No. O-17-2019, § 14, 11-25-19; Ord. No. O-29-2019, § 1, 1-27-20; Ord. No. O-05-2020, § 1, 4-27-20; Ord. No. O-07-2020, § 1, 8-24-20; Ord. No. O-06-2021, § 3, 3-22-21; Ord. No. O-05-2023, § 3, 7-24-23; Ord. No. O-10-2023, § 1, 12-11-23)

Sec. 23-97. - C2 commercial district.

(a)

Purpose and intent. It is the purpose and intent of this district to provide lands within the Town for intensive commercial activities providing a wide range of goods and services designed to serve community-wide markets. A Floor Area Ratio ("FAR") of 1.0 shall be the maximum allowable commercial intensity.

(b)

Permitted uses. In a C2 commercial district, no building, structure, land use or water use shall be permitted except for one (1) or more of the following uses:

(1)

All permitted uses provided for in the C1 commercial district.

(c)

Accessory uses. Accessory uses customarily incidental and subordinate to the main use or building shall be permitted in a C2 commercial district. Accessory uses shall not be located within any required yard setbacks. Accessory uses permitted in a C2 commercial district are as follows:

(1)

Any accessory use customarily incidental to a permitted use.

(2)

Solar energy system, small scale.

(3)

Solar energy system, large scale.

(d)

Special exceptions. When the town council determines as a fact, after review of the application and plans submitted therewith, that the conditions, general standards and provisions of this Code, as set forth in section 23-75, and other regulations as set forth and defined in this Code, have been met, and when the proposed use or uses are consistent with good zoning practice and are not contrary to the policies of the Town comprehensive land use plan, the following uses shall be permitted:

(1)

Publicly owned and operated buildings and facilitates.

(2)

Public utility structures and buildings (i.e. pump stations, electric substations, police and fire stations).

(3)

Parks.

(4)

Schools.

(5)

Bars, lounges, and nightclubs.

(6)

Service stations. All new service stations shall permanently install a standby electrical generator with sufficient capacity to power the entire service station facility, not including vehicle washing/cleaning equipment, such that the loss of commercially supplied electrical power shall not result in the loss of service. Additionally, if any existing service station facility is renovated, reconstructed or remodeled in any way, where the total combined cost exceeds fifty thousand dollars ($50,000.00) during any twelve (12) month period, such service station shall be required to install a permanent standby electrical generator, which satisfies the criteria listed hereinabove.

(7)

Theaters.

(8)

Churches.

(9)

Commercial docks and/or marinas (see section 23-134 for additional requirements).

(10)

Shared parking.

(11)

Vehicle sales, service, and/or repair.

(12)

Massage parlors/Body shampoo.

(13)

Spiritualist/Palm reader.

(14)

Thrift shops.

(15)

Pawn shops.

(16)

Tattoo/Body piercing shops.

(17)

Day labor services.

(18)

All businesses with drive-thru service.

(19

Car wash.

(20)

Restaurants twenty-five hundred (2,500) square feet or greater in size.

(21)

Fraternal organizations, clubs and civic groups.

(22)

Passive warehouse facilities.

(23)

Planned commercial development. The development of property one (1) acre in size or greater may be approved by the Town Council as a planned commercial development. Through the special exception waiver approval process the Town Council may waive provisions of the zoning district regulations as well as regulations found in the subdivision code, landscape code and sign code so long as conditions of approval are placed upon the planned commercial development to ensure that the development makes a substantial contribution to the neighborhood and is developed in accordance with the spirit and intent of all codes of the Town of Lantana. A site plan review by the development services director and the Town Council is mandatory. Standards for special exceptions set forth at section 23-75 must be met.

(24)

Recreational watercraft rentals (i.e., boats, houseboats, jet skis, kayaks, canoes, etc.).

(25)

Vehicle rental.

(e)

Building requirements.

Minimum lot size, square feet .....7,500

Minimum lot width and minimum frontage on dedicated right-of-way, feet .....75

Maximum lot coverage, percent .....60

Minimum front setback, feet .....15

Minimum side setback, feet .....10

Minimum rear setback, feet .....10

Maximum building height, feet .....35

Minimum building area .....N/A

Corner lots:

Minimum front setback, feet .....25

Minimum side setback, feet (street side) .....15

Minimum rear setback, feet .....10

(f)

Waivers. A development order application for a planned mixed-use development may request one (1) or more waivers pursuant to section 23-104.

(Ord. No. O-08-2010, § 1(Exh. A), 7-12-10; Ord. No. O-18-2012, § 2, 10-8-12; Ord. No. O-13-2017, § 7, 11-27-17; Ord. No. O-17-2019, § 15, 11-25-19; Ord. No. O-29-2019, § 2, 1-27-20; Ord. No. O-05-2020, § 2, 4-27-20; Ord. No. O-06-2021, § 4, 3-22-21; Ord. No. O-05-2023, § 4, 7-24-23)

Sec. 23-98. - I industrial district.

(a)

Purpose and intent. It is the purpose and intent of this district to provide lands within the Town for industrial and limited commercial uses which do not emit excessive fumes, smoke, glass, dust, gas, odor, vibration or noise.

(b)

Permitted uses. In an I industrial district, no building, structure, land use or water use shall be permitted except for one (1) or more of the following uses:

(1)

Light manufacturing.

(2)

Processing or fabrication of non-objectionable products.

(3)

Active and passive warehouse facilities.

(4)

Wholesale stores and shops.

(5)

Vehicle repair.

(6)

Business services, e.g. printers, office supplies.

(7)

The following flexible uses are permitted in the industrial district, but only on properties that are accessible only from a state principal arterial roadway, such as U.S. Highway 1:

a.

Bank, trust company, or other financial institution.

b.

Retail store for sale of merchandise (excluding vehicle and vessel sales of any kind).

c.

Eating and/or drinking establishment, whether or not liquor is sold or consumed, including restaurants, bars, lunchrooms, cafeterias and food commissaries.

d.

Personal services, including but not limited to beauty shop, barber shop, laundry or dry cleaning pick up establishment, self-service laundry, shoe repair or tailoring shop, or photography studio.

e.

Indoor showrooms and sales, e.g., specialty home improvement shops (flooring, plumbing and lighting fixtures, etc...), vehicles sales with no outside sales lot.

(8)

Solar energy system, large scale.

(c)

Accessory uses. Accessory uses customarily incidental and subordinate to the main use or building shall be permitted in an I industrial district. Accessory uses shall not be located within any required yard setbacks. Accessory uses permitted in an I industrial district are as follows:

(1)

Any accessory use customarily incidental to a permitted use.

(2)

Solar energy system, small scale.

(3)

Solar energy system, large scale.

(d)

Special exceptions. When the town council determines as a fact, after review of the application and plans submitted therewith, that the conditions, general standards and provisions of this Code, as set forth in section 23-75, and other regulations as set forth and defined in this Code, have been met, and when the proposed use or uses are consistent with good zoning practice and are not contrary to the policies of the Town comprehensive land use plan, the following uses shall be permitted:

(1)

Auto paint and body shops.

(2)

Adult bookstores and related uses. Additional standards for adult bookstores and related uses:

a.

Use limitations. Adult bookstores and related accessory uses shall include bookstores which have more than ten (10) percent of their stock in trade in inventory units (books, magazines, or other publications), the sale of which is prohibited to minors; adult massage parlors and nude photographic studios; adult motion picture theaters and mini-motion picture theaters which have more than ten (10) percent of their screening time over a six-month period devoted to motion pictures, the attendance at which is prohibited to minors; video tape or film sales and rental establishments which have more than ten (10) percent of their stock in trade and inventory units (video tape or films), the sale or rental of which is prohibited to minors; or any combination of the above resulting in a total of fifteen (15) percent; any use, selling equipment, or paraphernalia which might be used for the preparation or taking of prohibited or regulated substances.

b.

Location requirements. Adult bookstores and related accessory uses as defined in this section shall not be located within one thousand (1,000) feet of any area in the Town of Lantana which is zoned residential use or currently being utilized for residential purposes. It shall be unlawful to locate any adult bookstore or related accessory use, as defined in this section, within one thousand (1,000) feet of any adult entertainment use, unless such existing location is within the same building as such existing adult bookstore use. It shall be unlawful to locate any adult bookstore or related accessory use as defined in this section within one thousand (1,000) feet of any preexisting place of religious worship, public or private school, or any public park, playground, swimming pool, golf course, or athletic field within the Town which is under the control, operation, or jurisdiction of the Town. For the purpose of measuring distances in the determination of locations for adult bookstores and related accessory uses, as defined in this section, all distances shall be measured from property line to property line in a straight path, without regard to intervening structures or objects.

c.

Advertisements, displays limited. Advertisements, displays, or other promotional materials for adult bookstores or related accessory uses shall not be shown or exhibited in any manner that permits observation from pedestrian sidewalks or walkways, or from other public or semi-public areas. All doors, window and other building openings to adult bookstores and related accessory uses shall be located, covered, or screened in such a manner as to prevent a view into the interior from any public or semi-public area.

(3)

Employment agency—Temporary manual labor. Additional standards and requirements for offices or the hiring of temporary manual labor:

a.

[Use] limitations. Temporary labor offices shall open no earlier than 8:00 a.m. and shall close no later than 5:00 p.m. Temporary labor offices shall be located in buildings of no less than ten thousand (10,000) square feet. Temporary labor offices shall maintain business records on the premises available for inspection by the Lantana Police Department during business hours indicating the name, address, social security number, work assignment, hours worked, and location of assignment of each business client.

b.

Location requirements. All offices for the hiring of temporary manual labor shall be located at least one thousand (1,000) feet from any residential zoning district and at least one thousand (1,000) feet from any existing temporary labor office, place of worship or school.

(4)

Commercial docks and/or marinas (see section 23-134 for additional requirements).

(5)

Shared parking.

(6)

Telecommunications towers. (See Article VI of Chapter 6 for additional requirements.)

(7)

Planned industrial development. The development of property one (1) acre in size or greater may be approved by the Town Council as a planned industrial development. Through the special exception waiver approval process the Town Council may waive provisions of the zoning district regulations as well as regulations found in the subdivision code, landscape code and sign code so long as conditions of approval are placed upon the planned industrial development to ensure that the development makes a substantial contribution to the neighborhood and is developed in accordance with the spirit and intent of all codes of the Town of Lantana. A site plan review by the development services director and the Town Council is mandatory. Standards for special exceptions set forth at section 23-75 must be met.

(8)

Heliports, only on properties of land greater than fifty (50) acres in size.

(9)

Recreational watercraft rentals (i.e., boats, houseboats, jet skis, kayaks, canoes, etc.).

(10)

Call center.

(e)

Building requirements:

Industrial Uses, Minimum lot size, square feet .....43,560

Flexible Uses, Minimum lot size, square feet .....7,500

Minimum width and minimum lot frontage on dedicated right-of-way, feet .....120

Maximum lot coverage, percent .....60

Minimum front setback, feet .....20

Minimum side setback, feet .....15

Minimum rear setback, feet .....10

Maximum building height, feet .....35

Minimum building area .....N/A

Corner lots:

Minimum front setback, feet .....30

Minimum side setback, feet (street side) .....25

Minimum rear setback, feet .....10

(f)

Waivers. A development order application for a planned mixed-use development may request one (1) or more waivers pursuant to section 23-104.

(Ord. No. O-08-2010, § 1(Exh. A), 7-12-10; Ord. No. O-21-2012, § 1, 11-26-12; Ord. No. O-13-2017, § 8, 11-27-17; Ord. No. O-17-2019, § 16, 11-25-19; Ord. No. O-29-2019, § 3, 1-27-20; Ord. No. O-06-2021, § 5, 3-22-21; Ord. No. O-05-2023, § 5, 7-24-23; Ord. No. O-13-2023, § 2, 12-11-23)

Sec. 23-98.5. - I/F flexible industrial district.

(a)

Purpose and intent. It is the purpose and intent of this district to provide lands in the Town for flexible industrial uses, which do not emit excessive fumes, smoke, dust, gas, odor, vibration or noise. This district should promote high-paying employment opportunities by allowing a diversity of complementary light industrial and commercial land uses. It should promote a balance of land uses in order to facilitate development that is responsive to current and future market conditions. The specific uses allowed on a particular property will depend on the availability of adequate vehicular transportation access. All uses within the district shall comply with the requirements of section 23-9, "Performance standards". A Floor Area Ratio ("FAR") of 1.0 shall be the maximum allowable development intensity.

(b)

Permitted uses. The following uses are permitted anywhere in the flexible industrial district:

(1)

Light manufacturing: fabrication, assembly, finishing work (including packaging and bottling, but only as an accessory use).

(2)

Printing, binding, or related establishment.

(3)

Business or professional offices.

(4)

Research and development office.

(5)

Research, experimental and testing laboratory.

(6)

Radio or television studio.

(7)

Manufacturing of biotechnology and pharmaceutical products, including:

a.

Fabrication, assembly, finishing work (including packaging and bottling, but only as an accessory use).

b.

Wholesale business, only if affiliated with and accessory to another use or located on the same lot as other non-wholesale uses.

(8)

Business services, e.g. printers, office supplies.

(9)

Art studio and/or gallery.

(10)

Multiple uses in the same structure. Within the district there shall be no restriction on combining different categories of use within the same building other than those imposed by the State Building Code or other federal, state or local regulations other than as set forth in this chapter.

(11)

The following uses are permitted in the flexible industrial district, but only on properties that are accessible only from a State principal arterial roadway, such as U.S. Highway 1:

a.

Bank, trust company, or other financial institution.

b.

Retail store for sale of merchandise, (excluding vehicle and vessel sales of any kind).

c.

Eating and/or drinking establishment, whether or not liquor is sold or consumed, including restaurant, bar, lunchroom, cafeteria and food commissary.

d.

Personal services, including but not limited to beauty shop, barber shop, laundry or dry cleaning pick up establishment, self-service laundry, shoe repair or tailoring shop, or photography studio

(c)

Accessory uses. Accessory uses shall not be located within any required yard setbacks.

(1)

Accessory uses that are customarily incidental and subordinate to the main use or building on a parcel.

(2)

Packaging and bottling as accessory to light manufacturing or manufacturing of biotechnology and pharmaceutical products.

(3)

Warehouse, including cold storage building.

(4)

Wholesale business. Development on any lot in the district shall not be devoted exclusively to wholesale uses.

(5)

Solar energy system, small scale.

(6)

Solar energy system, large scale.

(d)

Special exceptions. When the Town Council determines as a fact, after review of the application and plans submitted therewith, that the conditions, general standards and provisions of this Code, as set forth in section 23-75, and other regulations as set forth and defined in this Code, have been met, and when the proposed use or uses are consistent with good zoning practice and are not contrary to the policies of the Town comprehensive land use plan, the following uses shall be permitted:

(1)

Commercial docks and/or marinas (see section 23-134 for additional requirements).

(2)

Planned flexible industrial development. The development of property one (1) acre in size or greater may be approved by the Town Council as a planned flexible industrial development. Through the special exception waiver approval process the Town Council may waive provisions of the zoning district regulations as well as regulations found in the subdivision code, landscape code and sign code so long as conditions of approval are placed upon the planned flexible industrial development to ensure that the development makes a substantial contribution to the neighborhood and is developed in accordance with the spirit and intent of all codes of the Town of Lantana. A site plan review by the development services director and the Town Council is mandatory. Standards for special exceptions set forth at section 23-75 must be met.

(3)

Parking lot or garage.

(e)

Prohibited uses. Prohibited uses include but are not limited to:

(1)

Adult bookstores and adult entertainment businesses;

(2)

Solid waste transfer stations;

(3)

Concrete and asphalt plants and the like;

(4)

Correctional facilities and jails, whether adult or juvenile facilities;

(5)

Heliports;

(6)

Junkyards;

(7)

Recycling centers;

(8)

Vehicle sales and repair; and

(9)

Any business that includes the outdoor storage of any materials, goods or equipment.

(f)

Building requirements:

Minimum lot size, square feet .....7,500

Minimum width and minimum lot frontage on dedicated right-of-way, feet .....75

Maximum lot coverage, percent .....60

Minimum front setback, feet .....10

Minimum side setback, feet .....10

Minimum rear setback, feet .....10

Maximum building height, feet .....35

Corner lots:

Minimum front setback, feet .....20

Minimum side setback, feet .....15
(on street side)

Minimum side setback, feet .....10
(on interior side)

Minimum rear setback, feet .....10

(g)

Waivers. A development order application for a planned mixed-use development may request one (1) or more waivers pursuant to section 23-104.

(Ord. No. O-08-2010, § 1(Exh. A), 7-12-10; Ord. No. O-13-2017, § 9, 11-27-17; Ord. No. O-17-2019, § 17, 11-25-19; Ord. No. O-06-2021, § 6, 3-22-21; Ord. No. O-05-2023, § 6, 7-24-23)

Sec. 23-99. - MHP mobile home park district.

(a)

Purpose and intent. It is the purpose and intent of this district to provide lands within the Town for those residents who prefer mobile home living as an alternative to conventional single-family dwellings. Density shall not exceed ten (10) mobile homes per gross acre.

(b)

Permitted uses. In a MHP mobile home park district, no building, structure, land use or water use shall be permitted except for one (1) or more of the following uses:

(1)

Mobile homes.

(2)

Home-based businesses.

(c)

Accessory uses. Accessory uses customarily incidental and subordinate to the main use or building shall be permitted in an MHP mobile home district. Accessory uses shall not be located within any required yard setbacks. Accessory uses permitted in an MHP mobile home district are as follows:

(1)

Private garages and carports.

(2)

Swimming pools.

(3)

Spas and hot tubs.

(4)

Cabanas and saunas.

(5)

Greenhouses.

(6)

Tennis courts.

(7)

Private docks.

(8)

Utility buildings.

(9)

Gazebos.

(10)

Solar energy system, small scale.

(d)

Special exceptions. When the Town Council determines as a fact, after review of the application and plans submitted therewith that the conditions, general standards, and provisions of this Code, as set forth in section 23-75, and other regulations as set forth and defined in this Code, have been met, and when the proposed use or uses are consistent with good zoning practice and are not contrary to the policies of the Town comprehensive land use plan, the following uses shall be permitted:

(1)

Publicly owned and operated buildings and facilities.

(2)

Public utility structures and buildings (i.e. pump stations, electric substations, police and fire stations).

(3)

Parks.

(4)

Schools.

(5)

Coin-operated laundries for residents only.

(6)

Churches.

(e)

Building requirements:

Minimum mobile home park size, square feet .....43,560
(1 acre)

Minimum mobile home park width and minimum frontage on dedicated right-of-way, feet .....200

Maximum mobile home park coverage, percent .....40

Minimum front setback, feet .....25

Minimum side setback, feet .....10

Minimum rear setback, feet .....10

Maximum building height, story .....1

Minimum building area .....N/A

Corner lots:

Minimum front setback, feet .....25

Minimum side setback, feet (street side) .....20

Minimum rear setback, feet .....10

(Ord. No. O-08-2010, § 1(Exh. A), 7-12-10; Ord. No. O-13-2017, § 10, 11-27-17; Ord. No. O-17-2019, § 18, 11-25-19; Ord. No. O-14-2021, § 6, 2-14-22)

Sec. 23-100. - P public ownership district.

(a)

Purpose and intent. It is the purpose and intent of this district to provide lands within the Town for specific public purposes (i.e. public schools, governmental facilities, parks, recreation areas, etc.).

(b)

Permitted uses. In the P public ownership district, no building, structure, land use or water use shall be permitted except for one or more of the following uses:

(1)

Governmental buildings and facilities.

(2)

Public schools.

(3)

Public parks and recreation areas.

(4)

Public libraries.

(5)

Public service facilities (i.e. public works, police and fire stations).

(6)

Public utility facilities.

(7)

Solar energy system, large scale.

(c)

Accessory uses. Accessory uses customarily incidental and subordinate to the main use or buildings shall be permitted in a P public ownership district. Accessory uses shall be located within any required yard setbacks. Accessory uses permitted in a P public ownership district are as follows:

(1)

Any accessory use customarily incidental to a permitted use.

(2)

Solar energy system, small scale.

(3)

Solar energy system, large scale.

(d)

Special exceptions. When the Town Council determines as a fact, after review of the application and plans submitted therewith, that the conditions, general standards and provisions of this Code as set forth in section 23-75, and other regulations as set forth and defined in this Code, have been met, and when the proposed use or uses are consistent with good zoning practice and are not contrary to the policies of the Town comprehensive land use plan, the following uses shall be permitted.

(1)

Other public uses including commercial docks and/or marinas.

(2)

Telecommunications towers.

(Ord. No. O-08-2010, § 1(Exh. A), 7-12-10; Ord. No. O-13-2017, § 11, 11-27-17; Ord. No. O-17-2019, § 19, 11-25-19; Ord. No. O-05-2023, § 7, 7-24-23)

Sec. 23-101. - MXD mixed use development district.

(a)

Purpose and intent. It is the purpose and intent of this district to provide lands for limited commercial and business activities primarily designed to serve the Palm Beach County region and the residential neighborhoods in the Town of Lantana. Residential uses shall be allowed at a maximum density of fifteen (15) dwelling units per acre, or up to a maximum of twenty-five (25) dwelling units per acre if granted by special exception as part of a planned mixed-use development approval and the maximum allowable non-residential intensity shall be a Floor Area Ratio ("FAR") of 1.0.

(b)

Permitted uses.* In a MXD mixed use development district no building, structure or land use shall be permitted except for the following uses:

(1)

Retail stores and shops, except vehicle sales.

(2)

Business services, vehicle and/or boat repair, etc.

(3)

Professional businesses, including medical or sports massage therapists licensed by the State of Florida pursuant to Subtitle 64B7. F.A.C.

(4)

Personal services.

(5)

Restaurants, cafes and coffee houses (less than twenty-five hundred (2,500) sq. ft. in size).

(6)

Hotels and motels.

(7)

Multifamily housing units.

(8)

Home-based businesses.

(9)

Financial Institutions (for properties greater than twenty-five (25) acres).

* First floor—Generally commercial or professional; Second floor—Generally commercial, professional or residential; all other floors—Residential. Residential uses shall generally be limited to the second floor and above, however, on parcels ten (10) acres or greater in size, residential uses shall be permitted on the first floor. Residential may constitute up to seventy-five (75) percent of any development. Residential allowed on first floor of townhouses.

(c)

Accessory uses. Accessory uses customarily incidental and subordinate to the main use or building shall be permitted in an MXD mixed use development district. Accessory uses shall not be located within any required yard setbacks. Accessory uses permitted in MXD mixed use development district are as follows:

(1)

Any necessary use customarily incidental and subordinate to a permitted use.

(2)

Solar energy system, small scale.

(3)

Solar energy system, large scale.

(d)

Special exceptions. When the Town Council determines as a fact, after review of the application and plans submitted therewith that the conditions, general standards and provisions of this Code as set forth in section 23-75, and other regulations as set forth and defined in this Code, have been met, and when the proposed use or uses are consistent with good zoning practices and are not contrary to the policies of the Town comprehensive land use plan, the following uses shall be permitted:

(1)

Publicly owned and operated buildings and facilities.

(2)

Schools charter or private.

(3)

Public utility structures and buildings (i.e., pump stations, electric substations, police and fire stations).

(4)

Parks.

(5)

Bars, lounges and nightclubs.

(6)

Churches.

(7)

Parking lots and/or structures; shared parking.

(8)

Group home facilities, foster care facilities and/or congregate living facilities with more than fourteen (14) residents.

(9)

All businesses with drive-thru service.

(10)

Restaurants, cafes, etc. (twenty-five hundred (2,500) sq. ft. or greater in size).

(11)

Fraternal organization, clubs and/or civic groups.

(12)

Planned mixed use development. The development of property one-half (½) acre in size or greater may be approved by the Town Council as a planned mixed-use development. Through the special exception waiver approval process the Town Council may waive provisions of the zoning district regulations as well as regulations found in the subdivision code, landscape code and sign code so long as conditions of approval are placed upon the planned commercial development to ensure that the development makes a substantial contribution to the neighborhood and is developed in accordance with the spirit and intent of all codes of the Town of Lantana. A site plan review by the development services director and the Town Council is mandatory. Standards for special exceptions set forth at section 23-75 must be met. Density within a Planned Mixed-Use Development may be up to twenty-five (25) dwelling units per acre.

(13)

Service stations, with restaurant and convenience store for parcels greater than twenty-five (25) acres.

(14)

Car washes for properties greater than twenty-five (25) acres.

(15)

Financial Institutions (for properties less than twenty-five (25) acres).

(16)

Indoor Entertainment/Recreation.

(17)

Pharmacy.

(e)

Building requirements.

Maximum lot size, square feet .....50,000

Minimum lot width and minimum lot frontage on dedicated right-of-way, feet .....75

Maximum lot coverage, percent .....40

Maximum building depth, feet (front wall to back wall) .....60

Required building frontage, percent (less required setbacks) .....100

Required front setback, feet (shall be used as set forth below) .....29

Parterre, feet .....3

Parallel parking, feet .....8

Traffic lane .....10

Sidewalk .....8

Required front setback encroachment, feet .....8

(second floor and above only—Arcades on the first floor required)

Minimum side setback, feet .....7.5

Maximum combined side setback, feet .....30

Maximum building height to cornice line or top of parapet, feet .....35

Corner lots:

Required front setback, feet .....29

Required front setback within 30 feet of side street, feet .....16

Required side setback, feet .....8

Required front and side setback encroachment within 30 feet of intersection, feet .....8

(Second floor and above only; arcades required on first floor.)

Minimum parking lot side setback, feet .....30

Maximum building depth, feet (measured from setback line) .....30

Required building frontage, percent (less required setbacks) .....100

Corner lots at intersecting streets. (See section 23-8)

(f)

Waivers. A development order application for a planned mixed-use development may request one (1) or more waivers pursuant to section 23-104.

(Ord. No. O-08-2010, § 1(Exh. A), 7-12-10; Ord. No. O-10-2014, § 3, 9-22-14; Ord. No. O-13-2017, § 12, 11-27-17; Ord. No. O-17-2019, § 20, 11-25-19; Ord. No. O-25-2019, § 1, 11-25-19; Ord. No. O-06-2021, § 7, 3-22-21; Ord. No. O-14-2021, § 8, 2-14-22; Ord. No. O-06-2022, § 1, 7-11-22; Ord. No. O-02-2023, § 2, 6-12-23 ; Ord. No. O-05-2023, § 8, 7-24-23; Ord. No. O-03-2024, § 1, 1-13-25)

Sec. 23-102. - MI mixed use industrial district.

(a)

Purpose and intent. It is the purpose and intent of this district to promote opportunities for businesses and jobs in light industrial, manufacturing, research offices and laboratories, as well as energy-efficient living. The term "energy-efficient living" encompasses several factors, including the availability of jobs close to home and the provision of live/work spaces; providing a mix of essential personal and professional services in close proximity to homes and job sites; promoting the reduction of vehicle usage, fuel usage and fossil fuel emissions; promoting an overall reduction in energy use by following energy efficiency and conservation principles in the construction, operation and maintenance of building spaces; maximizing the use of locally-produced materials in the construction process; and avoiding negative impacts on any on-site environmentally sensitive lands or natural features. The mixed-use industrial district provides for flexibility in allowing different types of land uses within close proximity to one another on parcels suitable for employment opportunities, as well as commercial, Institutional and residential uses. Any mixed-use industrial development proposed under this section must include all three (3) of the types of uses listed below (percentage applies to total development square footage):

Light industry—Minimum of thirty (30) percent and maximum of sixty-five (65) percent.

Commercial/Institutional uses, including retail, service, restaurant and professional services—Minimum of fifteen (15) percent and maximum of forty (40) percent.

Residential uses—Minimum of fifteen (15) percent and maximum of forty (40) percent.

(b)

Permitted uses. The specific uses permitted in the mixed use industrial district (MI) are:

(1)

Multifamily dwellings.

(2)

Home-based businesses.

(3)

Hotels and motels.

(4)

Light manufacturing: fabrication, assembly, finishing work (including packaging and bottling, but only as an accessory use).

(5)

Multiple uses in the same structure. Within the district there shall be no restriction on combining different categories of use within the same building other than those imposed by the state building code or other federal, state or local regulations other than as set forth in this chapter.

(6)

Printing, binding, or related establishment.

(7)

Business or professional offices.

(8)

Research and development office.

(9)

Research, experimental and testing laboratory.

(10)

Theaters.

(11)

Radio or television studio.

(12)

Manufacturing of biotechnology and pharmaceutical products, including:

a.

Fabrication, assembly, finishing work (including packaging and bottling, but only as an accessory use).

b.

Wholesale business, only if affiliated with and accessory to another use or located on the same lot as other non-wholesale uses.

(13)

Business services, e.g. printers, office supplies.

(14)

Art studio and/or gallery.

(15)

Bank, trust company, or other financial institution.

(16)

Retail store for sale of merchandise, (excluding vehicle and vessel sales of any kind).

(17)

Eating and/or drinking establishment, whether or not liquor is sold or consumed, including restaurant, bar, lunchroom, cafeteria and food commissary.

(18)

Personal services, including but not limited to beauty shop, barber shop, laundry or dry cleaning pick-up/drop-off establishment, self-service laundry, shoe repair or tailoring shop, or photography studio.

(19)

Parking structures, but only permitted with liner buildings, i.e. surrounding the parking structure with another building having other uses, such as commercial, residential or industrial.

(20)

Publicly owned and operated buildings and facilities.

(c)

Accessory uses. Accessory uses shall not be located within any required yard setbacks.

(1)

Accessory uses that are customarily incidental and subordinate to the main use or building on a parcel.

(2)

Packaging and bottling as accessory to light manufacturing or manufacturing of biotechnology and pharmaceutical products.

(3)

Warehouse, including cold storage building.

(4)

Wholesale business. Allowed only as accessory to a primary use. No development in the district shall be devoted exclusively to wholesale uses.

(5)

Solar energy system, small scale.

(6)

Solar energy system, large scale.

(d)

Special exceptions. When the Town Council determines as a fact, after review of the application and plans submitted therewith, that the conditions, general standards and provisions of this Code, as set forth in section 23-75, and other regulations as set forth and defined in this Code, have been met, and when the proposed use or uses are consistent with good zoning practice and are not contrary to the policies of the Town comprehensive land use plan, the following uses shall be permitted:

(1)

Colleges, universities.

(2)

Hotels or motels.

(3)

Parking lot or garage.

(4)

Planned mixed use industrial development. The development of property fifty (50) acres in size or greater may be approved by the Town Council as a planned mixed use development. Through the special exception waiver approval process the Town Council may waive provisions of the zoning district regulations as well as regulations found in the subdivision code, landscape code and sign code so long as conditions of approval are placed upon the planned commercial development to ensure that the development makes a substantial contribution to the neighborhood and is developed in accordance with the spirit and intent of all codes of the Town of Lantana. A site plan review by the development services director and the Town Council is mandatory. Standards for special exceptions set forth at section 23-75 must be met.

(e)

Prohibited uses. Prohibited uses include but are not limited to:

(1)

Adult bookstores and adult entertainment businesses;

(2)

Solid waste transfer stations;

(3)

Concrete and Asphalt Plants and the like;

(4)

Correctional facilities and jails, whether adult or juvenile facilities;

(5)

Junkyards;

(6)

Recycling centers;

(7)

Vehicle sales and repair; and

(8)

Any business that includes the outdoor storage of any materials, goods or equipment.

(f)

General building requirements.

Minimum parcel, acres .....50

Maximum residential density, units per acre .....5.81

Maximum combined commercial and industrial intensity, floor area ratio (FAR) .....1.0

Maximum lot coverage, percent .....60

Required build-to line for buildings fronting on arterial or minor arterial roadways, feet .....15

Required front setback from interior street right-of-way line, feet .....10

Minimum side setback from interior street right-of-way line, feet .....10

Maximum building height, feet to cornice line or top of parapet .....55

Minimum building area per dwelling unit, square feet .....600

(g)

Site plan required. Development and redevelopment in this district shall be reviewed by the plan review committee and approved by the Town Council in accordance with the site plan review process established in section 23-47.

(h)

Waivers. A development order application for a planned mixed-use development may request one (1) or more waivers pursuant to section 23-104.

(Ord. No. O-08-2010, § 1(Exh. A), 7-12-10; Ord. No. O-13-2017, § 13, 11-27-17; Ord. No. O-17-2019, § 21, 11-25-19; Ord. No. O-06-2021, § 8, 3-22-21; Ord. No. O-14-2021, § 8, 2-14-22; Ord. No. O-05-2023, § 9, 7-24-23)

Sec. 23-103. - MW waterfront mixed use district.

(a)

Purpose and intent. It is the purpose and intent of this district to provide lands within the Town of Lantana for mixed use purposes including commercial, residential, and public buildings. A waterfront mixed use district has been included to provide for flexibility in allowing different types of land uses within close proximity to one another. The waterfront mixed use district must provide a minimum of two (2) of the following land use categories on the same site: light industry; water related marina and water dependent uses; commercial uses; and residential; or a property may be developed as a planned mixed-use development by special exception. The percentages of the various allowed uses are set forth in subsection (b) below.

(b)

Permitted uses. The waterfront mixed use district (MW) must provide a land use mix with the permitted uses provided in the list furnished hereafter except as specifically exempted by this section. A maximum of thirty (30) percent of any site or planned mixed-use development within the MW may be dedicated to light industry uses; a maximum of fifty (50) percent of any site within the MW may be dedicated to water-related marina and water dependent uses; a minimum of five (5) percent and a maximum of fifty (50) percent of any site or planned mixed-use development within the MW may be dedicated to commercial uses including retail, service, restaurant, and professional services; a minimum of twenty (20) percent of any site or planned mixed-use development within an MW shall be dedicated to residential uses (single-family dwellings, duplexes, and/or multifamily dwellings not to exceed fifteen (15) dwelling units to the acre. The maximum allowable non-residential intensity shall be a floor area ratio ("FAR") of 1.0. Uses from at least two (2) of the categories listed above must be utilized for any development (i.e. light industry; water-related, marina and water-dependent uses; commercial uses, including retail, service, restaurant, and professional services; and residential uses). The following is a list of land uses permitted within a waterfront mixed use district (MW):

(1)

Single-family dwellings.

(2)

Group homes with six (6) or fewer residents.

(3)

Home-based businesses.

(4)

Duplexes.

(5)

Multifamily dwellings.

(6)

Retail stores and shops, except vehicle sales.

(7)

Business services, except service stations and/or vehicle repair.

(8)

Professional services.

(9)

Personal services.

(10)

Restaurants.

(11)

Hotels and motels.

(12)

Theaters.

(13)

Churches.

(14)

Water related services and activities.

(15)

Marinas; boat sales.

(16)

Light industry.

(17)

Parks.

(18)

Publicly owned and operated buildings and facilities.

(c)

Accessory uses. Accessory uses customarily incidental and subordinate to the main use or building shall be permitted in a waterfront mixed use district.

(1)

Solar energy system, small scale.

(2)

Solar energy system, large scale.

(d)

Special exceptions. When the Town Council determines as a fact, after review of the application and plans submitted therewith that the conditions, general standards and provisions of this Code, as set forth in section 23-75, and other regulations as set forth and defined in this Code, have been met, and when the proposed use or uses are consistent with good zoning practice and are not contrary to the policies of the Town comprehensive plan, the following uses shall be permitted:

(1)

Service stations; vehicle repair.

(2)

Spa or beauty salon which includes massage.

(3)

Recreational watercraft rentals (i.e., boats, houseboats, jet skis, kayaks, canoes, etc.).

(4)

Planned mixed use development. The development of property one-half (½) acre in size or greater may be approved by the Town Council as a planned mixed-use development. Through the special exception waiver approval process the Town Council may waive provisions of the zoning district regulations as well as regulations found in the subdivision code, landscape code and sign code so long as conditions of approval are placed upon the planned mixed use development to ensure that the development makes a substantial contribution to the neighborhood and is developed in accordance with the spirit and intent of all codes of the Town of Lantana. A site plan review by the development services director and the Town Council is mandatory. Standards for special exceptions set forth at section 23-75 must be met.

(e)

General building requirements.

Minimum parcel size, acres .....1

Maximum lot coverage, percent .....60

Required front setback, feet .....10

Minimum side setback, feet .....10

Minimum waterfront setback, feet .....10

Allowed encroachment for decks, fueling stations, docks and arcades .....0

Maximum building height, feet to cornice line or top of parapet .....35

Minimum building area per dwelling unit, square feet .....600

(f)

Approval criteria. Development and redevelopment in these areas shall be reviewed by the development services director and the Town Council in accordance with a site plan review process established by the town. The primary factors for approval of these projects should consider:

(1)

General impact on the adjacent property;

(2)

Provision of services;

(3)

Use of appropriate technologies;

(4)

The building's aesthetic appearance;

(5)

Degree of parking adequacy, cohesiveness and integration of the district;

(6)

Mix of uses;

(7)

Orderly patterns of circulation for both vehicular and pedestrian traffic;

(8)

Streetscape, and quality of urban design including: design of rights-of-way, medians, street lighting, and landscaping.

(g)

Site plan required. Development and redevelopment in this district shall be reviewed by the development services director and approved by the Town Council in accordance with the site plan review process established in section 23-47.

(h)

Preliminary site plan review. After the application is submitted, it shall be reviewed by the development services director to determine if the proposed development is in compliance with all requirements of the waterfront mixed use district and the Town of Lantana Code of Ordinances. If the development services director determines that the proposed development application is in compliance with all requirements, final site plan review before the Town Council shall be scheduled. If the development services director requires subsequent substantial modifications to the site plan with regard to percentages of mixed land uses, location of thoroughfares, parks, greenbelts, and/or parking configurations, the applicant shall be required to re-submit its revised application to the development services director for further review. If upon the filing of a complete application, the plan review committee or development services director finds reasonable data for noncompliance, a detailed development evaluation shall be submitted to the applicant and a new or revised application shall be submitted for review.

(i)

Final review. Final review and approval for all or a portion of the waterfront mixed use district (MW) shall be made by the Town Council in accordance with all plans and documents submitted with comments and recommendations submitted by the development services director.

(j)

Time limitation. All site plans shall automatically expire one (1) year from the date of approval unless building permit for the approval project has been issued prior to the expiration date. The Town Council may approve one (1) six-month extension of the site plan upon the submittal of a written request for extension prior to the expiration of the approved site plan.

(k)

Limited variance procedures. In order to minimize the burden on previously developed property, there is hereby established a limited variance procedure for those aggrieved by the percentages required for different types of land uses in the MW zoning district as set forth in subsection (b) above and/or the list of submission requirements as set forth in subsection (g) above and/or the approval criteria set forth in subsection (f) above. All other variance requests shall be processed as set forth in section 23-63 of the Town Code of Ordinances and shall utilize the standards set forth at subsection 23-63(b)(1) a. through f.

(1)

Application process. Anyone seeking a limited variance regarding required percentage of land uses and/or submission requirements shall file an application with required materials and payment to the development services director.

(2)

Public hearing required. Within thirty (30) days of the receipt of a complete application and the payment of the required fees, a public hearing shall be scheduled before the zoning board of appeals and the Town Council in accordance with the notice and hearing procedures set forth in section 23-63 of the Town Code of Ordinances except that the standards for granting the variance shall be those set forth in subsection (k)(3) of this section.

(3)

Standards. The standards to be considered prior to granting a limited MW variance are as follows:

a.

The size and/or configuration of the parcel which was existing at the time the property was designated MW on the comprehensive plan, or as subsequently approved by the Town, cannot reasonably support the mix of uses in the percentages required and/or the approval criteria;

b.

The size and/or configuration of the buildings, improvements and/or structures located on the property existing at the time the property was designated MW on the comprehensive plan, or as subsequently approved by the Town, cannot support the mix of uses in the percentages required and/or the approval criteria;

c.

The uses existing on the property at the time it was designated MW on the comprehensive plan, or as subsequently approved by the Town, are incompatible with the mix of uses in the percentages required;

d.

Certain of the items required for submission under subsection (g) above are inapplicable due to the development proposed.

(l)

Waivers. A development order application for a planned mixed-use development may request one (1) or more waivers pursuant to section 23-104.

(Ord. No. O-08-2010, § 1(Exh. A), 7-12-10; Ord. No. O-13-2017, § 14, 11-27-17; Ord. No. O-17-2019, § 22, 11-25-19; Ord. No. O-29-2019, § 4, 1-27-20; Ord. No. O-10-2020, § 1, 10-12-20; Ord. No. O-06-2021, § 9, 3-22-21; Ord. No. O-14-2021, § 9, 2-14-22; Ord. No. O-05-2023, § 10, 7-24-23; ; Ord. No. O-08-2023, § 1, 8-24-23)

Sec. 23-104. - Waivers to planned development requirements.

(a)

Purpose and intent. The purpose and intent of this section is to encourage applicants for planned development approval to propose residential and nonresidential projects that are innovative, creative, and utilize planning, design, and architectural concepts that will provide a substantial contribution to the surrounding neighborhood and to the town. The use of innovative and creative techniques and concepts may require one (1) or more waivers to the development standards applicable to such projects. The Town Council may grant one (1) or more of the requested waivers, provided that community benefits are derived including at least five (5) of the following:

(1)

Innovative or creative architectural design.

(2)

Enhanced pedestrian amenities.

(3)

Verified preservation of significant environmental or historic features of the site.

(4)

Provision of at least five (5) percent of the total area of the development site for public open space or amenities.

(5)

Enhanced landscaping, including the provision of at least one hundred ten (110) percent of the minimum number of trees required by Chapter 10.5.

(6)

Inclusion of public artwork on the development site valued in an amount not less than one percent of the total construction costs.

(7)

Demonstrated focus on sustainable design, including projects that are designed to reduce air pollution, greenhouse gas emissions, or to reduce the use of non-renewable resources, and/or projects designed to achieve certification by the Leadership in Energy and Environmental Design (LEED), the US Green Building Council (USGBC), the Florida Green Building Coalition (FGBC) or any comparable certification organizations.

(8)

Encourages modal-choice through the inclusion of enhanced non-motorized transportation features or facilities. Examples include bicycle features throughout the site, environmental enhancements to existing adjacent transit stops, on-site showers accessible to employees, and the like.

(9)

Inclusion of a green wall or environmentally-focused design features.

(10)

Provision of electric vehicle (EV) charging stations and the associated reserved parking spaces for EV's.

(11)

Establishment of Cool Roofs for all buildings within the development site.

(12)

For residential projects, the providing and designating no less than 10% of the total residential units as workforce housing units.

(b)

Waivers defined. A waiver is an adjustment to a development standard or other land development requirement normally required by specific chapters.

(c)

Waivers permitted. A development application for a planned development may include a request for one or more waivers of the requirements of specific chapters.

(d)

Prohibited waivers. The waivers listed below shall not be granted by the Town Council.

(1)

A waiver to allow a use or mix of uses not specifically listed as a permitted use or special exception use.

(2)

A waiver from any items in conflict with the most recently adopted edition of the Florida Building Code.

(3)

A waiver from the requirements of the Town of Lantana Comprehensive Plan.

(4)

A waiver from any prohibition stated in any chapter of the Town Code of Ordinances.

(5)

A waiver from any requirement regarding mix of uses, percentage of uses, of location of uses within a site.

(e)

Granting of waivers. Waivers from requirements applicable to planned developments shall be granted by the Town Council, following review and recommendation by the Development Services Director.

(f)

Waivers established. For the purposes of this section, the Town Council may only grant the waivers listed below:

(1)

Building height.

(2)

Sign regulations.

(3)

Number of required trees or shrubs.

(4)

Architectural or design standards.

(5)

Minimum planned development lot size.

(6)

Off street parking and loading requirements.

(7)

Building setbacks.

(8)

Lot coverage, depth, width.

(9)

Height of buffering walls or fences.

(10)

General provisions of section 23-81.

(11)

Downtown overlay design requirements of section 23-130, excluding architectural feature requirements.

(g)

Application. All requests for a waiver shall be submitted in writing and shall accompany a special exception application for planned development approval. Each waiver of a planned development requirement or standard shall be separately identified by the applicant in the development application.

(h)

Criteria. A request for the Town Council to approve a waiver from one or more of the standards and requirements applicable to a planned development must satisfy the criteria listed below:

(1)

The request is consistent with the Town's Comprehensive Plan.

(2)

The request is consistent with the purpose and intent of this section.

(3)

The request results from innovative design in which other minimum standards are exceeded.

(4)

The request demonstrates that granting of the waiver will result in preservation of valuable natural resources.

(5)

The request clearly demonstrates a substantial contribution to the surrounding neighborhood and the town.

(6)

The request will be compatible with existing and potential land uses adjacent to the development site.

(7)

Any requested waivers will not be injurious to the area involved or otherwise detrimental to the public health, safety, and welfare.

(Ord. No. O-06-2021, § 1, 3-22-21)

Sec. 23-105. - PK parking use.

(a)

Purpose and intent. It is the purpose and intent of this district to provide lands for parking primarily designed to serve the commercial uses.

(b)

Permitted uses. In a PK parking use district no building, structure, land use shall be permitted except for parking lots or parking structures.

(c)

Town Council review. All proposed parking lots or parking structures shall be submitted to the Town Council after review and recommendation from the development services director. The Town Council may suggest amendments, corrections and or new ideas; and may attach conditions of approval.

(d)

Submission requirements. The following information shall be submitted to the Town Council:

(1)

Master plan at a scale of not less than 1″ = 30′ which shall include the following information.

(2)

All land use categories, building footprints, parking, and landscaped open space. In addition, the plan shall indicate existing and proposed circulation systems, including thoroughfares, alleys and major points of access.

(3)

Footprint and height of existing and proposed buildings, fences and walls.

(4)

Pedestrian and vehicular circulation systems.

(5)

Drawings indicating the type of thoroughfare furniture, signs, and thoroughfare lights proposed.

(6)

Drawings of typical thoroughfare sections at a scale not less than 1″ = 30′.

(7)

Parking layouts and drives.

(8)

Existing and proposed landscaping including plant name, sizes and quantities, the required number of trees and the total trees to be planted.

(9)

Materials and methods of construction, and conformance to regional environmental and design issues.

(e)

Time limitation. All site plans shall automatically expire one (1) year from the date of approval unless a building permit for the approved project has been issued prior to the expiration date. The Town Council may approve one (1) six-month extension of the site plan upon the submittal of a written request for extension prior to the expiration of the approved site plan.

(Ord. No. O-08-2010, § 1(Exh. A), 7-12-10; Ord. No. O-17-2019, § 23, 11-25-19)