This article shall apply to all zoning districts.

(A)

Roofed structures. The following roofed structures may exceed the permissible height limit in any district by up to 25 percent provided that the structure does not exceed 30 percent of roof area as measured at the maximum horizontal section.

(1)

Spires.

(2)

Domes.

(3)

Belfries.

(4)

Chimneys and stacks.

(5)

Cupolas.

(6)

Roofed monuments.

(7)

Scenery lofts.

(B)

Mechanical structures. The following mechanical structures may exceed the permissible height limit in any district by up to 25 percent.

(1)

Water towers.

(2)

Fire towers.

(3)

Cooling towers.

(4)

Aircraft control towers and navigation aids.

(5)

Broadcasting towers and antennas (other than those regulated by Article 60).

(C)

Other structures. The following structures may not extend five feet above the allowable height of a building.

(1)

Mechanical equipment (five feet or less in height).

(2)

Parapet walls.

(D)

Telecommunication towers and flags. The height of telecommunication towers and flags shall be regulated by Article 60 and Article 90, respectively.

(A)

Attached building structures. The following attached building structures may project into setback a maximum of three feet unless otherwise specified.

(1)

Bay windows.

(2)

Chimneys.

(3)

Awnings and canopies.

(4)

Balconies.

(5)

Uncovered stoops.

(6)

Roof overhangs.

(7)

Heating, ventilation, and air conditioning units (maximum of five feet).

(8)

Permanent power generators (maximum of five feet).

(9)

Pool equipment (maximum of five feet).

(B)

Accessory structures. The following accessory structures may project into required setbacks, subject to a minimum five foot setback unless otherwise specified.

(1)

Arbors and trellises less than ten feet in height (attached and detached).

(2)

Clothes poles or clothes lines in rear yard.

(3)

Flags and signs, subject to Article 90.

(4)

Driveways, walkways, and parking areas, subject to Article 95.

(5)

Fountains.

(6)

Sculptures and other similar works of art.

(7)

Open terraces and patios.

(8)

Landscape planters.

(9)

Light poles having only one structural ground member.

(10)

Recreational equipment in rear yards (minimum ten foot setback).

(11)

Basketball goals (minimum ten foot setback in rear and side yards, minimum 15 foot setback in front and side street yards).

(C)

Utility and other structures. The following may project into required setbacks.

(1)

Utility transmission lines and associated structures.

(2)

Wells, water pumps, and associated structures.

(3)

Underground utilities including septic tanks and stormwater culverts.

(4)

Fences, walls, and hedges.

(5)

Planted landscaping.

(6)

Mailboxes.

The excavation of property for the purpose of selling the excavated material as fill and transporting the fill off site is prohibited.

Various provisions of this Code provide for exceptions to regulations as they apply to nonconformities. Such exceptions apply only to uses, structures, and plots the Town has determined to be nonconforming pursuant to Article 75, "Nonconforming Uses, Structures and Plots."

(A)

Agricultural Residential (AR). Agricultural Residential zoning districts are intended to apply to areas of the Town designated as Rural Residential on the Future Land Use Plan Map of the Comprehensive Plan. The purpose is twofold. First, it is to protect, preserve and enhance the rural and agricultural character and life-style of existing very low density areas. Second, it is to protect the existing tree canopy and natural environment, promote and enhance wildlife habitat and natural systems, and reinforce the unique character of the Town through the establishment of native landscapes.

The following requirements shall apply to the Agricultural Residential (AR) Zoning District.

(A)

Accessory dwelling units. One accessory dwelling unit is permitted per parcel of land subject to the following standards:

(1)

Parcel size. Parcels shall be five acres or greater.

(2)

Maximum floor area. Accessory dwelling units shall contain no greater than 1,200 square feet of livable, floor space.

(3)

Ownership. The accessory dwelling unit shall remain accessory to and under the same ownership as the principal dwelling.

(4)

Electric utilities. Both the principal single family dwelling and the accessory dwelling shall be connected to the same electric utility meter.

(5)

Compatibility. An accessory dwelling unit shall be architecturally compatible in character and subordinate in size to the principal dwelling unit.

(B)

Animals and livestock. The breeding raising, and/or keeping of animals and livestock as an accessory use to a permanent dwelling shall be subject to the following standards:

(1)

Number. The number of animals and livestock permitted shall be based on parcel size as follows.

a.

Livestock. Four livestock, not including swine, are permitted per every one acre of land, except that parcels of at least five acres are permitted eight livestock per every acre of land and parcels over ten acres in size shall have no limit to the number of livestock per acre.

b.

Small domesticated farm animals. Fifteen small domesticated animals are permitted per every one-half acre of land.

c.

Large domesticated farm animals. Two large domesticated animals are permitted per every one acre of land.

d.

Poultry. Parcels under one acre shall be limited to four birds per every one-quarter acre.

e.

Swine. One swine is permitted per property of one acre or greater, except for pot bellied pigs, which shall be considered livestock.

f.

Household pets. A maximum of ten household pets are permitted on a property.

(2)

Fences. All animals shall be kept within a fence to prevent the animals from accessing streets or adjacent properties. It shall be the responsibility of each animal owner to ensure that the fence is maintained in a state of good repair and that the animal is confined to the property.

(3)

[Setback.] All structures, including pens, cages or enclosures, but excluding fences, that house or restrain animals of any type shall be setback a minimum of 50 feet from all property lines.

(4)

Exceptions. Offspring under the normal weaning age for the species shall not be included in calculating the number of animals.

(C)

[Caretaker's quarters.] Caretaker's quarters are permitted on parcels with a bona fide agricultural use.

(D)

Construction trailers. One construction trailer may be placed on a plot for a period of time not to exceed one year during active construction of a permanent dwelling to serve as temporary living quarters for the owners of the home under construction. Construction trailers shall also be subject to the following standards.

(1)

Location. The construction trailer shall be in compliance with all setback requirements.

(2)

Permit issued. No construction trailer shall be placed upon any such property until a building permit for construction of the dwelling has been issued. The permit shall be posted in such a manner that it can be observed from the exterior of the construction trailer.

(3)

[Removal.] The construction trailer must be removed from the property upon completion of the permanent dwelling or other principal building(s) or at the end of the one year period, whichever occurs first. The Town Manager may grant one extension of a maximum six months, upon petition from the property owner, provided the petition demonstrates unexpected hardship, and steady construction progress such that construction can reasonably be completed within the six month extension period. A decision of the Town Manager to deny the request for extension may be appealed to the Town Council subject to the requirements of Article 145, "Administrative Appeals."

(E)

Fences, walls, hedges, gates and entry features. Fences, hedges, gates and entry features are permitted on all properties with a zoning designation of Rural Residential or Agricultural Residential. Walls are not permitted on a property line that abuts a road unless a Special Exception is granted by the Town.

(1)

Height. Fences and walls shall not exceed six feet in height in front yards and eight feet in height in side or rear yards. Hedges and natural vegetation shall not be subject to maximum height limitations. Height shall be measured adjacent to the fence or wall from the lowest grade on either side of the fence or wall.

(2)

Appearance. The exterior surface of a wall shall be finished with paint, stucco, or other commonly accepted material, and continuously maintained in its original appearance. Dark or fluorescent colors are prohibited.

(3)

Materials. Fences and walls shall not be electrified or contain any materials such as broken glass, spikes, nails, razors or barbs designed to inflict discomfort, pain, or injury to a person or animal, except as permitted below:

a.

Barbed wire. Barbed wire shall be permitted for use as fencing material on all plots.

b.

Low voltage electric wire. Low voltage electric wire, otherwise known as hot wire, shall be permitted for use as fencing material on all plots.

(4)

Sight distance. Fences, walls and hedges shall comply with Article 105, "Sight Distance."

(5)

Decorative gates, features, and light posts. Decorative gates, features, and light posts attached to fences or walls may exceed the height of fences or walls by three feet provided that they are located in the front yard.

(F)

Groom's quarters. Groom's quarters are permitted on parcels where there are equestrian uses and a stable with six or more stalls.

(G)

Outdoor storage. Outdoor storage of merchandise and inventory, vehicles and equipment, refuse and other similar materials shall be subject to the following standards.

(1)

Generally. All outdoor storage shall only be permitted when incidental to the use located on the premises or explicitly permitted as a primary use in Section 20-015, "Permitted uses."

(2)

Location. Outdoor storage of merchandise and inventory, vehicles and equipment, refuse or similar materials shall not be located in any required setbacks, easements, or rights-of-way, except as permitted below:

a.

Construction Vehicles, equipment and fill. Construction Vehicles, equipment, and fill may be temporarily stored in required setbacks, easements, or rights-of-way during construction in easements or rights-of-way.

b.

Nursery plants and trees. Nursery plants and trees may be permanently stored in all required setbacks.

(3)

Screening. All outdoor storage shall not be visible from roadways or neighboring properties except as permitted below:

a.

Farm and land cultivation equipment. Farm and land cultivation equipment necessary for conducting a permissible agricultural use does not need to be screened from view provided that the vehicles are operable for immediate use, located on the plot upon which they are used, and are registered to an owner or lessee of said plot.

b.

Equestrian transports. Equestrian transports do not need to be screened from view provided that the aggregate capacity of equestrian transports does not exceed the number of stables or horses kept on the property, whichever is greater.

c.

Nursery plants and trees. Nursery plants and trees do not need to be screened from view.

d.

Construction vehicles, equipment and fill. Construction vehicles, equipment, and fill do not need to be screened from view provided that the related construction activity is permitted, continuous and on-going.

e.

Commercial and recreational vehicles. A maximum of two commercial or recreational vehicles may be stored on a plot of land without screening, provided that the vehicles are routinely operated/maintained by a permanent, full-time resident of the property.

f.

Inactive vehicles and equipment. Vehicles and equipment that are in need of repair may be stored on a plot of land without screening provided that the vehicle or equipment has not been in a disassembled state or incapable of immediate use for more than seven consecutive days.

(4)

Fluids. Vehicles and equipment that have been disassembled or incapable of immediate use for more than 28 consecutive days shall have all of its fluids drained and properly disposed.

(H)

Swimming pools. Swimming pools are permitted provided that the pool is located on the same plot as a primary use and it is fully enclosed with a fence or wall a minimum of four feet in height above the ground, measured adjacent to the fence or wall from the lowest grade on either side of the fence or wall. Screen enclosures which meet all requirements of the Florida Building Code shall also constitute compliance with this provision. Fences or walls shall be of such a design and material as will prevent unauthorized access to the pool area. All gates must be equipped with self-closing, self-latching mechanisms. All fences and gates shall comply with all requirements of the Florida Building Code pertaining to required barriers around public swimming pools.

(I)

Existing manufactured homes. A legally permitted principal use manufactured home, as defined in Article 10, located in Loxahatchee Groves as of December 31, 2016 and containing a sticker indicating that the home was built in compliance with the national Department of Housing and Urban Development (DHUD) building code governing building standards for manufactured homes, may remain at the existing location.

(J)

Replacement of existing manufactured homes. One legally permitted existing principal use manufactured home, as defined in Article 10, located in Loxahatchee Groves as of December 31, 2016 may be replaced by a manufactured home 15 years old or newer on the same plot, consistent with the requirements of Section 80-070. The replacement manufactured home shall contain a sticker indicating that the manufactured home was built in compliance with the national Department of Housing and Urban Development (DHUD) building code governing building standards for manufactured homes.

( Ord. No. 2015-01 , § 3, 2-3-2015; Ord. No. 2017-15 , § 3(Exh. B), 12-5-2017; Ord. No. 2020-10 , § 2, 11-3-2020)

Plots located in the Agricultural Residential (AR) zoning districts may be used for the following specified uses.

(Ord. No. 2011-008, § 2, 3-1-2011; Ord. No. 2013-03, § 2(Att. A), 6-18-2013; Ord. No. 2013-06, § 2(Att. A), 12-3-2013; Ord. No. 2015-01 , § 4, 2-3-2015; Ord. No. 2017-15 , § 3(Exh. B), 12-5-2017; Ord. No. 2018-02 , § 2(Exh. A), 6-5-2018)

Any use not expressly, or by inference, permitted in the Section entitled "Permitted uses" is expressly prohibited.

( Ord. No. 2017-15 , § 3(Exh. B), 12-5-2017)

Irrigation installation/maintenance operations and landscape maintenance operations are expressly prohibited in the Agricultural Residential (AR) Zoning District.

Plots located in Agricultural Residential (AR) Zoning District are subject to the following size and dimensional standards.

(A)

Minimum plot size. No plot shall be developed for a residential use unless the plot contains five or more acres.

(B)

Minimum dimension. No plot shall be developed for residential use unless the plot has a frontage (width) and depth of at least 200 feet.

(C)

Exceptions. The following exceptions shall apply:

(1)

Nonconforming plots of prior record. Plots which were of public record prior to, and became nonconforming as a result of, the adoption of the Town of Loxahatchee Groves Unified Land Development Regulations may be developed for residential use despite not meeting the minimum plot size and dimensional requirements.

(2)

Nonconforming plots due to public right-of-way dedication. Any plot which becomes nonconforming as a result of the required dedication of a public right-of-way may be developed for residential use despite not meeting the minimum plot size and dimensional requirements.

(3)

Plot with frontage on curved street or cul-de-sac. On curving streets, such as culs-de-sac, the required frontage for lots between the points of curvature may be reduced by 40 percent, provided the centerline radius of the contiguous street is 125 feet or less.

Plots located in the Agricultural Residential (AR) zoning district are subject to the following standards.

(A)

Plot coverage. The combined area of all buildings and roofed structures shall not exceed 15 percent of the plot area.

(B)

Floor-to-area ratio. Uses other than a single family residence shall not exceed a combined floor-to-area ratio of 15 percent.

(C)

Pervious area. The minimum pervious area shall be 70 percent of the plot area.

(D)

Exceptions. The following exceptions shall apply:

(1)

Plot coverage and floor-to-area ratio calculations shall not apply to buildings used for growing plants including, but not limited to, greenhouses, shade houses, and hydroponics nurseries.

(2)

To the extent that an applicant needs to exceed plot coverage and/or floor-to-area ratio for a bona fide agricultural use, the applicant shall obtain a Special Exception pursuant to Article 170, and must demonstrate that the requirement prohibits, restricts, or otherwise limits a generally accepted farming practice.

All buildings and structures in the Agriculture Residential (AR) zoning district shall comply with the following minimum required setbacks:

(A)

Front setback. Fifty feet.

(B)

Side setback. Twenty-five feet.

(C)

Rear setback Twenty-five feet.

(D)

Side street setback. For properties that abut a street on more than one side, a side street setback of a minimum of 40 feet shall be provided.

(E)

Exceptions. A nonconforming lot may utilize the following setbacks; provided, however, that the resultant setbacks shall not be more restrictive than the setback requirements of Palm Beach County as of November 16, 2010.

(1)

Minimum setback requirements:

(a)

If the minimum depth dimension is nonconforming:

Front: Fifteen percent of lot depth.

Rear: Ten percent of lot depth.

(b)

If the minimum width dimension is nonconforming:

Side interior: Seven and one-half percent of lot width.

Side street: Ten percent of lot width.

(c)

Nonconforming lots shall not apply a setback less than ten feet from any property line.

(2)

The maximum lot coverage is 40 percent of the total lot area or the maximum allowed coverage, whichever is more restrictive.

(3)

Accessory structures shall comply with all applicable Code requirements.

(4)

To the extent that an applicant desires to decrease the required setback or increase the height of a structure to more than 35 feet for a bona fide agricultural use, the applicant shall obtain a Special Exception pursuant to Article 170, and demonstrate that the requirement prohibits, restricts, or otherwise limits a generally accepted farming practice.

( Ord. No. 2018-11 , § 2(Exh. A), 9-18-2018)

No buildings or structure, or part thereof, shall be erected or maintained to a height exceeding 35 feet in the Agriculture Residential (AR) zoning district except for those specifically excepted from height limitations are identified in Section 15-015, "Exceptions from height limitations."

(A)

For properties which have a permitted residential structure within the agricultural residential zoning district, recreational vehicles shall be allowed on a temporary basis for living and sleeping purposes, provided there are no adjudicated Town Code violations pending against the property and/or unresolved penalties associated therewith subject to the following conditions:

(1)

A registration permit, (the fee for the registration permit shall be set by a resolution of the Town Council) which shall only be valid for a less than 180 days and shall be required for each recreational vehicle parking space on an annual basis and shall be placed on the recreational vehicle occupying parking space where it can be seen from the exterior of the recreational vehicle;

(2)

No recreational vehicle shall be allowed on a parcel less than one acre. One recreational vehicle shall be allowed on a parcel consisting of one acre and less than two acres; a maximum of two recreational vehicles shall be allowed on a parcel consisting of two acres and less than ten acres; and, no more than four recreational vehicles shall be allowed on a parcel consisting of ten acres or more;

(3)

The person or persons residing in the recreational vehicle must demonstrate a permanent residence in another location;

(4)

The placement of the recreational vehicle must be setback from all property lines by at least 25 feet;

(5)

The recreational vehicle shall be hooked up to or have access to appropriate electrical service, potable well and sanitary sewer facilities (bathroom and septic tank) that have been installed pursuant to permits issued by, or approved by, the health department and applicable building and zoning codes, where required; portable/ pump-able septic tanks as well as the waste removal therefrom are permitted under this section subject to the requirements set forth hereinabove.

(6)

Upon expiration of the registration permit the recreational vehicle shall not remain on property parked or stored and shall be removed from the property and any application for a new registration permit for that property may only occur after a minimum time period of six months has expired, unless the parking space was initially used for a period of less than six months, then a permit may be issued for the time period remaining on the initial six-month time period;

(7)

The parcel owner, where the recreational vehicle(s) site is located, shall be required to allow Town staff, or its agents, to inspect the recreational vehicle(s) in such a manner and time as determined by the Town Manager, upon at least 24 hours' notice.

(8)

Recreational vehicles shall only be used for their designed and intended purpose as evidence by the manufacturer's certification.

(9)

A recreational vehicle that is not occupied must be owned or leased by the property owner or tenant of the property.

(10)

Unoccupied recreational vehicles shall not be used for storage or any other non-residential use for which it was not designed and manufactured as evidenced by the manufacturer's certification.

(11)

No recreational vehicle shall be kept in an abandoned, inoperable, junked, disabled, wrecked, discarded or otherwise unused condition.

(B)

This section shall not apply to caretaker's quarters, groom's quarters and construction trailers.

(C)

Any violation of this section may subject the property owner and/or recreational vehicle user to code enforcement action or any other legal action as determined by the Town.

(D)

Requests for such a registration permit shall be submitted in writing to the Town Manager together with such fees, if any, as the Town requires and is set forth in the Town Code.

( Ord. No. 2020-07 , § 2, 3-16-2021)

(A)

Commercial Low (CL). The Commercial Low zoning district is intended to allow for the development of a limited range of neighborhood-oriented commercial activities designed primarily to provide services to adjacent residential areas and public schools.

(B)

Commercial Low Office (CLO). The Commercial Low Office zoning district is intended to allow for the development of offices for administrative, professional and business purposes, banking and financial institutions; membership organizations; and, uses that are complimentary to these uses including restaurants and public schools.

The following requirements shall apply to the Commercial Low and Commercial Low Office zoning districts.

(A)

Adult entertainment. Adult entertainment facilities shall be permitted in the Commercial Low zoning district, subject to the following standards:

(1)

There shall be a minimum distance separation, as indicated, between adult entertainment establishments and the following uses:

a.

Other adult entertainment establishments (5,000 feet).

b.

Churches and places of worship (1,000 feet).

c.

Daycare centers, schools and other places of education (1,000 feet).

d.

Government offices and other civic uses (1,000 feet).

e.

School bus stops (2,500 feet).

(2)

Adult entertainment establishments shall locate only on commercial parcels fronting on arterial roadways.

(B)

Fences, walls and hedges. Fences and hedges are permitted on all properties with a zoning designation of Commercial Low or Commercial Low Office. Walls are not permitted unless the property abuts a paved road.

(1)

Height. Fences and walls shall not exceed eight feet in height. Hedges and natural vegetation shall not be subject to maximum height limitations. Height shall be measured adjacent to the fence or wall from the lowest grade on either side of the fence or wall.

(2)

Appearance. The exterior surface of a wall shall be finished with paint, stucco, or other commonly accepted material, and continuously maintained in its original appearance.

(3)

Materials. Fences and walls shall not be electrified or contain any materials such as broken glass, spikes, nails, razors or barbs designed to inflict discomfort, pain, or injury to a person or animal.

(4)

Sight distance. Fences, walls and hedges shall comply with Article 105, "Sight Distance."

(5)

Decorative gates, features, and light posts. Decorative gates, features, and light posts attached to fences or walls may exceed the height of fences or walls by three feet provided that they are located in the front yard.

(C)

Outdoor storage. Outdoor storage of merchandise and inventory, vehicles and equipment, refuse and other similar materials shall be subject to the following standards.

(1)

Generally. All outdoor storage shall only be permitted when incidental to the use located on the premises or explicitly permitted as a primary use in Section 25-015, "Permitted uses."

(2)

Location. Outdoor storage of merchandise and inventory, vehicles and equipment, refuse or similar materials shall not be located in any required setbacks, easements, or rights-of-way, except as permitted below:

a.

Construction vehicles, equipment and fill. Construction vehicles, equipment, and fill may be temporarily stored in required setbacks, easements, or rights-of-way during the construction of new easements or rights-of-way.

b.

Nursery plants and trees. Nursery plants and trees for retail sale may be permanently stored in all required setbacks.

(3)

Screening. All outdoor storage shall be screened from view except as permitted below:

a.

Nursery plants and trees. Nursery plants and trees do not need to be screened from view.

b.

Construction vehicles, equipment and fill. Construction vehicles, equipment, and fill do not need to be screened from view provided that the related construction activity is permitted, continuous and on-going.

(D)

Outdoor display. Outdoor display of merchandise and inventory shall be subject to the following standards.

(1)

Mobility and storage. Merchandise must be mobile and stored indoors overnight.

(2)

Accessory use. Merchandise must be accessory to the principal use located on site.

(3)

Location. Merchandise shall not be located in any required setback, parking space, loading space or area, vehicular use area, fire lane, landscape buffer, required sidewalk, ADA accessibility route, or drainage easement.

(E)

Fuel, gas, and chemical storage tanks. Above ground accessory fuel, gas, or chemical storage tanks, shall be setback a minimum of 25 feet and shall be completely screened from view by a continuous hedge a minimum of four feet in height around the perimeter of the tank or its enclosure.

(F)

Outdoor refuse receptacles. All outdoor receptacles for the storage and disposal of refuse, vegetation, and recyclable materials, such as dumpsters, trash compactors, and recycling containers, shall be subject to the following standards.

(1)

Storage area. All refuse containers shall be stored in a storage area. Storage areas shall have a minimum dimension of ten feet by ten feet.

(2)

Enclosures. All dumpsters, trash and recycling bins over 40 gallons shall be screened from view by a solid opaque enclosure which meets the following requirements:

a.

Enclosures shall be located in a position that is easily accessible and minimizes backup and turn movements by service vehicles.

b.

The gates of the enclosure shall provide a minimum of ten feet clearance when open for service and be constructed of a frame with opaque wall affixed thereto.

c.

Each gate shall also have a wheel at the bottom to prevent sagging and shall have drop pins or rods to hold the gates in place in both open and closed positions.

d.

Both enclosure gate frame and walls shall be of a material of sufficient strength to withstand normal use.

(3)

Location. All refuse containers shall be located in side or rear yards and setback at least 50 feet from any adjacent residential zoning district. Containers shall not be located in any required parking space, fire lane, landscape buffer, required sidewalk, ADA accessibility route, or within or adjacent to a drainage easement or water body.

(4)

Maintenance. Dumpsters shall be maintained free of jagged or sharp edges or inside parts that could prevent the free discharge of their contents. A licensed collector shall empty dumpsters at intervals that will preclude overflow. Dumpsters and the area around the dumpster and dumpster enclosure shall be maintained by the property owner free of overflowing refuse at all times. If a continuous problem of insufficient dumpster capacity is proven to exist, additional or larger capacity dumpsters and enclosures or increased frequency of pick-up shall be required in order to eliminate the overflow problem.

(G)

Construction trailers. One construction trailer (including mobile homes) may be placed on a plot within a nonresidential development subject to the following standards.

(1)

Location. The construction trailer shall be in compliance with all setback requirements.

(2)

Permit issued. No construction trailer shall be placed upon any such property until a building permit for construction of the principal building has been issued. The permit shall be posted in such a manner that it can be observed from the exterior of the construction trailer.

(3)

[Removal.] The construction trailer must be removed from the property upon completion of the principal building(s) or at the end of the one year period, whichever occurs first. The Town Manager may grant one extension of a maximum six months, upon petition from the property owner, provided the petition demonstrates unexpected hardship, and steady construction progress such that construction can reasonably be completed within the six month extension period. A decision of the Town Manager to deny the request for extension may be appealed to the Town Council subject to the requirements of Article 145, "Administrative Appeals."

Plots located in the Commercial Low and Commercial Low Office zoning districts may be used for one or more of the following uses.

Note 1: The regulation of guns and shooting ranges is preempted by state law and regulated solely by the State of Florida. See Florida Statutes §§ 790.33 and 790.333.

Note 2: The regulation of exhibition or sale of wildlife and personal possession of wildlife are preempted by state law and regulated by the State of Florida. See Sections 379.3761 and 379.762, Florida Statutes and Florida Administrative Code Chapters 68A-1.002 and 68A-6.

(Ord. No. 2013-06, § 2(Att. A), 12-3-2013; Ord. No. 2014-05, § 2, 6-3-2014; Ord. No. 2015-01 , § 5, 2-3-2015; Ord. No. 2018-02 , § 2(Exh. A), 6-5-2018; Ord. No. 2021-02 , § 2(Att. A), 5-4-2021)

Any use not expressly, or by inference, permitted in Section 25-015, "Permitted uses," is prohibited.

Plots located in the Commercial Low (CL) and Commercial Low Office (CLO) zoning districts are subject to the following size and dimensional standards.

(A)

Minimum plot size. One acre.

(B)

Minimum dimension. One-hundred fifty feet of frontage (width) and 150 feet of depth.

(C)

Exceptions. The following exceptions shall apply.

(1)

Nonconforming plots of prior record. Plots which were of public record prior to, and became nonconforming as a result of, the adoption of the Town of Loxahatchee Groves Unified Land Development Regulations may be developed for commercial use despite not meeting the minimum plot size and dimensional requirements.

(2)

Nonconforming plots due to public right-of-way dedication. Any plot which becomes nonconforming as a result of the required dedication of a public right-of-way may be developed for commercial use despite not meeting the minimum plot size and dimensional requirements.

Maximum plot size. No plot greater than five acres shall be developed for institutional or public facilities use.

Plots located in the Commercial Low (CL) and Commercial Low Office (CLO) zoning districts are subject to the following standards.

(A)

Plot coverage. The combined area of all buildings and roofed structures shall not exceed 25 percent of the plot area.

(B)

Floor-to-area ratio. Commercial Low (CL) uses shall not exceed a floor-to-area ratio of one-tenth. Commercial Low Office (CLO) uses shall not exceed a floor-to-area ratio of two-tenths.

(C)

Pervious area. The minimum pervious area shall be 30 percent of the plot area.

All buildings and structures in the Commercial Low (CL) or Commercial Low Office (CLO) zoning districts shall comply with the following minimum required setbacks.

(A)

Front setback. Fifty feet.

(B)

Side setback. Twenty-five feet.

(C)

Rear setback. Fifty feet.

(D)

Side street setback. For properties that abut a street on more than one side, a side street setback of at least 25 feet shall be provided.

(E)

Exceptions from setback requirements. Buildings and structures specifically excepted from these requirements are identified in Section 15-015, "Setback exceptions."

No buildings or structure, or part thereof, shall be erected or maintained to a height exceeding 35 feet unless the following apply.

(A)

Exception from height limitation. Buildings and structures specifically excepted from height limitations are identified in Section 15-010, "Exceptions from height limitations."

No plot shall be developed for commercial use unless the plot has frontage on and access from a paved arterial roadway.

( Ord. No. 2016-011 , § 2, 1-17-2017)

(A)

Institutional and Public Facilities (IPF). The Institutional and Public Facilities zoning district is intended to apply to areas of the Town designated as Institutional on the Future Land Use Plan Map of the Comprehensive Plan. The purpose of this district is allow the development of community serving facilities such as educational facilities, child care centers, adult day care facilities, congregate living facilities, medical and accessory offices, hospitals and public health clinics, natural disaster emergency shelters, and civic and religious uses.

The following requirements shall apply to the Institutional and Public Facilities zoning district.

(A)

Fences, walls and hedges. Fences, walls and hedges are permitted on all properties with a zoning designation of Institutional and Public Facilities.

(1)

Height. Fences and walls shall not exceed eight feet in height. Hedges and natural vegetation shall not be subject to maximum height limitations. Height shall be measured adjacent to the fence or wall from the lowest grade on either side of the fence or wall.

(2)

Appearance. The exterior surface of a wall shall be finished with paint, stucco, or other commonly accepted material, and continuously maintained in its original appearance.

(3)

Materials. Fences and walls shall not be electrified or contain any materials such as broken glass, spikes, nails, razors or barbs designed to inflict discomfort, pain, or injury to a person or animal.

(4)

Sight distance. Fences, walls and hedges shall comply with Article 105, "Sight Distance."

(5)

Decorative gates, features, and light posts. Decorative gates, features, and light posts attached to fences or walls may exceed the height of fences or walls by three feet provided that they are located in the front yard.

(B)

Outdoor storage. Outdoor storage of merchandise and inventory, vehicles and equipment, refuse and other similar materials shall be subject to the following standards.

(1)

Generally. All outdoor storage shall only be permitted when incidental to the use located on the premises or explicitly permitted as a primary use in Section 30-015, "Permitted uses."

(2)

Location. Outdoor storage of merchandise and inventory, vehicles and equipment, refuse or similar materials shall not be located in any required setbacks, easements, or rights-of-way, except for construction vehicles, equipment, and fill may be temporarily stored in required setbacks, easements, or rights-of-way during the construction of new easements or rights-of-way.

(3)

Screening. All outdoor storage shall be screened from view except that construction vehicles, equipment, and fill do not need to be screened from view provided that the related construction activity is permitted, continuous and on-going.

(C)

Swimming pools. Swimming pools are permitted provided that the pool is located on the same plot as a primary use and it is fully enclosed with a fence or wall a minimum of four feet in height above the ground, measured adjacent to the fence or wall from the lowest grade on either side of the fence or wall. Screen enclosures which meet all requirements of the Florida Building Code shall also constitute compliance with this provision. Fences or walls shall be of such a design and material as will prevent unauthorized access to the pool area. All gates must be equipped with self-closing, self-latching mechanisms. All fences and gates shall comply with all requirements of the Florida Building Code pertaining to required barriers around public swimming pools.

(D)

Outdoor refuse receptacles. All outdoor receptacles for the storage and disposal of refuse, vegetation, and recyclable materials, such as dumpsters, trash compactors, and recycling containers, shall be subject to the following standards.

(1)

Storage area. All refuse containers shall be stored in a storage area. Storage areas shall have a minimum dimension of ten feet by ten feet.

(2)

Enclosures. All dumpsters, trash and recycling bins over 40 gallons shall be screened from view by a solid opaque enclosure which meets the following requirements:

a.

Enclosures shall be located in a position that is easily accessible and minimizes backup and turn movements by service vehicles.

b.

The gates of the enclosure shall provide a minimum of ten feet clearance when open for service and be constructed of a frame with opaque wall affixed thereto.

c.

Each gate shall also have a wheel at the bottom to prevent sagging and shall have drop pins or rods to hold the gates in place in both open and closed positions.

d.

Both enclosure gate frame and walls shall be of a material of sufficient strength to withstand normal use.

(3)

Location. All refuse containers shall be located in side or rear yards and setback at least 50 feet from any adjacent residential zoning district. Containers shall not be located in any required parking space, fire lane, landscape buffer, required sidewalk, ADA accessibility route, or within or adjacent to a drainage easement or water body.

(4)

Maintenance. Dumpsters shall be maintained free of jagged or sharp edges or inside parts that could prevent the free discharge of their contents. A licensed collector shall empty dumpsters at intervals that will preclude overflow. Dumpsters and the area around the dumpster and dumpster enclosure shall be maintained by the property owner free of overflowing refuse at all times. If a continuous problem of insufficient dumpster capacity is proven to exist, additional or larger capacity dumpsters and enclosures or increased frequency of pick-up shall be required in order to eliminate the overflow problem.

(E)

Construction trailers. One construction trailer (including mobile homes) may be placed on a plot within a nonresidential development subject to the following standards.

(1)

Location. The construction trailer shall be in compliance with all setback requirements.

(2)

Permit issued. No construction trailer shall be placed upon any such property until a building permit for construction of the principal building has been issued. The permit shall be posted in such a manner that it can be observed from the exterior of the construction trailer.

(3)

[Removal.] The construction trailer must be removed from the property upon completion of the principal building(s) or at the end of the one year period, whichever occurs first. The Town Manager may grant one extension of a maximum six months, upon petition from the property owner, provided the petition demonstrates unexpected hardship, and steady construction progress such that construction can reasonably be completed within the six month extension period. A decision of the Town Manager to deny the request for extension may be appealed to the Town Council subject to the requirements of Article 145, "Administrative Appeals."

Plots located in the Institutional and Public Facilities zoning district may be used for one or more of the following specified uses.

(Ord. No. 2013-06, § 2(Att. A), 12-3-2013)

Any use not expressly, or by inference, permitted in Section 30-015, "Permitted uses," is prohibited.

All principle uses permitted by right in the Institutional and Public Facilities zoning district shall be permitted only on properties located a minimum distance of 1,000 feet from any other property with the same zoning, measured pursuant to Section 05-090. Any person or entity seeking to rezone property to the Institutional and Public Facilities district for a use regulated under this section shall furnish, to the Town, a special purpose survey sealed by a land surveyor certified by the State, indicating the distance between the property proposed for rezoning and any property with existing Institutional and Public Facilities zoning.

Plots located in the Institutional and Public Facilities zoning district are subject to the following size and dimensional standards.

(A)

Minimum dimension. All plots shall have at least 150 feet of frontage (width) and 200 feet of depth.

(B)

Exceptions. The following exceptions shall apply.

(1)

Nonconforming lots of prior record. Plots which were of public record prior to, and became nonconforming as a result of, the adoption of the Town of Loxahatchee Groves Unified Land Development Regulations may be developed for commercial use despite not meeting the minimum plot size and dimensional requirements.

(2)

Plot with frontage on curved street or cul-de-sac. On curving streets, such as culs-de-sac, the required frontage for lots between the points of curvature may be reduced by 40 percent, provided the centerline radius of the contiguous street is 125 feet or less.

(A)

Maximum plot size. No plot greater than five acres shall be developed for institutional or public facilities use.

(B)

Exceptions. The following exceptions shall apply.

(1)

Nonconforming lots of prior record. Plots which were of public record prior to, and became nonconforming as a result of, the adoption of the Town of Loxahatchee Groves Unified Land Development Regulations may be developed for institutional and public facilities use despite exceeding the maximum plot size requirement. Furthermore, these properties may be fully developed and utilized within the permitted densities and intensities of this Code.

Plots located in the Institutional and Public Facilities zoning district are subject to the following standards.

(A)

Plot coverage. The combined area of all buildings and roofed structures shall not exceed 15 percent of the plot area.

(B)

Floor-to-area ratio. Institutional and Public Facilities (IPF) uses shall not exceed a floor-to-area ratio of one-tenth.

(C)

Pervious area. The minimum pervious area shall be 50 percent of the plot area.

All buildings and structures in the Institutional and Public Facilities zoning district shall comply with the following required setbacks.

(A)

Front setback. A front setback of at least 100 feet shall be provided.

(B)

Side setback. A side setback of at least 50 feet shall be provided.

(C)

Rear setback. A rear setback of at least 50 feet shall be provided.

(D)

Side street setback. For properties that abut a street on more than one side, a side street setback of at least 50 feet must be provided.

(E)

Exceptions from setback requirements. Buildings and structures specifically excepted from these requirements are identified in Section 15-015, "Setback exceptions."

No buildings or structure, or part thereof, shall be erected or maintained to a height exceeding 35 feet unless the following apply.

(A)

Exception from height limitation. Buildings and structures specifically excepted from height limitations are identified in Section 15-010, "Exceptions from height limitations."

No plot shall be developed for institutional or public facilities use unless the plot has frontage on a paved collector or arterial roadway.

(A)

Parks and Recreation (PR). The Parks and Recreation (PR) zoning district is intended to apply to areas of the Town designated as Park on the Future Land Use Plan Map of the Comprehensive Plan. The purpose of this district is to allow the development of publicly owned sites that provide an opportunity for residents to partake in a variety of recreational activities in a safe and convenient matter that is compatible with the environment.

The following requirements shall apply to the Parks and Recreation zoning district.

(A)

Fences, walls and hedges. Fences and hedges are permitted on all properties with a zoning designation of Parks and Recreation. Walls are not permitted unless the property abuts a paved road.

(1)

Height. Fences and walls shall not exceed eight feet in height. Hedges and natural vegetation shall not be subject to maximum height limitations. Height shall be measured adjacent to the fence or wall from the lowest grade on either side of the fence or wall.

(2)

Appearance. The exterior surface of a wall shall be finished with paint, stucco, or other commonly accepted material, and continuously maintained in its original appearance.

(3)

Materials. Fences and walls shall not be electrified or contain any materials such as broken glass, spikes, nails, razors or barbs designed to inflict discomfort, pain, or injury to a person or animal.

(4)

Sight distance. Fences, walls and hedges shall comply with Article 105, "Sight Distance."

(5)

Decorative gates, features, and light posts. Decorative gates, features, and light posts attached to fences or walls may exceed the height of fences or walls by three feet provided that they are located in the front yard.

(B)

Outdoor refuse receptacles. All outdoor receptacles for the storage and disposal of refuse, vegetation, and recyclable materials, such as dumpsters, trash compactors, and recycling containers, shall be subject to the following standards.

(1)

Storage area. All refuse containers shall be stored in a storage area. Storage areas shall have a minimum dimension of ten feet by ten feet.

(2)

Enclosures. All dumpsters, trash and recycling bins over 40 gallons shall be screened from view by a solid opaque enclosure which meets the following requirements:

a.

Enclosures shall be located in a position that is easily accessible and minimizes backup and turn movements by service vehicles.

b.

The gates of the enclosure shall provide a minimum of ten feet clearance when open for service and be constructed of a frame with opaque wall affixed thereto.

c.

Each gate shall also have a wheel at the bottom to prevent sagging and shall have drop pins or rods to hold the gates in place in both open and closed positions.

d.

Both enclosure gate frame and walls shall be of a material of sufficient strength to withstand normal use.

(3)

Location. All refuse containers shall be located in side or rear yards and setback at least 50 feet from any adjacent residential zoning district. Containers shall not be located in any required parking space, fire lane, landscape buffer, required sidewalk, ADA accessibility route, or within or adjacent to a drainage easement or water body.

(4)

Maintenance. Dumpsters shall be maintained free of jagged or sharp edges or inside parts that could prevent the free discharge of their contents. A licensed collector shall empty dumpsters at intervals that will preclude overflow. Dumpsters and the area around the dumpster and dumpster enclosure shall be maintained by the property owner free of overflowing refuse at all times. If a continuous problem of insufficient dumpster capacity is proven to exist, additional or larger capacity dumpsters and enclosures or increased frequency of pick-up shall be required in order to eliminate the overflow problem.

Plots located in the Parks and Recreation zoning district may be used for one or more of the following specified uses.

Note 1: The regulation of guns and shooting ranges is preempted by state law and regulated solely by the State of Florida. See Florida Statutes §§ 790.33 and 790.333.

(Ord. No. 2014-05, § 3, 6-3-2014)

Any use not expressly, or by inference, permitted in Section 35-015, "Permitted uses," is prohibited.

Plots located in the Parks and Recreation zoning district are subject to the following size and dimensional standards.

(A)

Minimum size. No plot shall be developed for a Parks and Recreation use unless the plot contains one or more acres.

(B)

Minimum dimension. All plots shall have at least 100 feet of frontage (width) and 100 feet of depth.

Plots located in the Parks and Recreation zoning district are subject to the following standards.

(A)

Plot coverage. The combined area of all buildings and roofed structures shall not exceed ten percent of the plot area.

(B)

Floor-to-area ratio. Parks and Recreation uses shall not exceed a floor-to-area ratio of one-tenth.

(C)

Pervious area. The minimum pervious area shall be 80 percent of the plot area.

All buildings and structures in the Parks and Recreation zoning district shall comply with the following required setbacks.

(A)

Front setback. Fifty feet.

(B)

Side setback. Twenty-five feet.

(C)

Rear setback. Twenty-five feet.

(D)

Side street setback. For properties that abut a street on more than one side, a side street setback of at least 50 feet must be provided.

(E)

Parking setback. No parking facility shall be located within 25 feet of an adjacent residential plot. This requirement supersedes any exception provided in Section 15-015, "Setback exceptions."

(F)

Exceptions from setback requirements.

(1)

Buildings and structures specifically excepted from requirements (A) through (D), above, are identified in Section 15-015, "Setback exceptions."

(2)

Horse trails and multi-use nature trails.

No buildings or structure, or part thereof, shall be erected or maintained to a height exceeding 25 feet unless the following apply.

(A)

Exception from height limitation. Buildings and structures specifically excepted from height limitations are identified in Section 15-010, "Exceptions from height limitations."

(A)

Conservation (CN). The Conservation (CN) zoning district is intended to apply to areas of the Town designated as Conservation on the Future Land Use Plan Map of the Comprehensive Plan. The purpose of this district is to protect, preserve, and restore lands with natural resources and wildlife habitat or which contain historical or archaeological resources.

The following requirements shall apply to the Conservation zoning district.

(A)

Fences and hedges. Fences and hedges are permitted on all properties with a zoning designation of Conservation. Walls are prohibited.

(1)

Height. Fences shall not exceed eight feet in height. Hedges and natural vegetation shall not be subject to maximum height limitations. Height shall be measured adjacent to the fence from the lowest grade on either side of the fence.

(2)

Materials. Fences shall not be electrified or contain any materials such as broken glass, spikes, nails, razors or barbs designed to inflict discomfort, pain, or injury to a person or animal.

(3)

Sight distance. Fences and hedges shall comply with Article 105, "Sight Distance."

(4)

Decorative gates, features, and light posts. Decorative gates, features, and light posts attached to fences or walls may exceed the height of fences or walls by three feet provided that they are located in the front yard.

(B)

Outdoor refuse receptacles. All outdoor receptacles for the storage and disposal of refuse, vegetation, and recyclable materials, such as dumpsters, trash compactors, and recycling containers, shall be subject to the following standards.

(1)

Storage area. All refuse containers shall be stored in a storage area. Storage areas shall have a minimum dimension of ten feet by ten feet.

(2)

Enclosures. All dumpsters, trash and recycling bins over 40 gallons shall be screened from view by a solid opaque enclosure which meets the following requirements:

a.

Enclosures shall be located in a position that is easily accessible and minimizes backup and turn movements by service vehicles.

b.

The gates of the enclosure shall provide a minimum of ten feet clearance when open for service and be constructed of a frame with opaque wall affixed thereto.

c.

Each gate shall also have a wheel at the bottom to prevent sagging and shall have drop pins or rods to hold the gates in place in both open and closed positions.

d.

Both enclosure gate frame and walls shall be of a material of sufficient strength to withstand normal use.

(3)

Location. All refuse containers shall be located in side or rear yards and setback at least 50 feet from any adjacent residential zoning district. Containers shall not be located in any required parking space, fire lane, landscape buffer, required sidewalk, ADA accessibility route, or within or adjacent to a drainage easement or water body.

(4)

Maintenance. Dumpsters shall be maintained free of jagged or sharp edges or inside parts that could prevent the free discharge of their contents. A licensed collector shall empty dumpsters at intervals that will preclude overflow. Dumpsters and the area around the dumpster and dumpster enclosure shall be maintained by the property owner free of overflowing refuse at all times. If a continuous problem of insufficient dumpster capacity is proven to exist, additional or larger capacity dumpsters and enclosures or increased frequency of pick-up shall be required in order to eliminate the overflow problem.

Plots located in the Conservation zoning district may be used for one or more of the following specified uses.

Note 1: The regulation of exhibition or sale of wildlife and personal possession of wildlife are preempted by state law and regulated by the State of Florida. See Sections 379.3761 and 379.762, Florida Statutes and Florida Administrative Code Chapters 68A-1.002 and 68A-6.

( Ord. No. 2015-01 , § 6, 2-3-2015)

Any use not expressly, or by inference, permitted in Section 40-015, "Permitted uses," is prohibited.

Uses that are ancillary to permitted principle uses, such as boardwalks, interpretive nature centers and overlooks, may be permitted subject to the granting of a Special Exception.

Plots located in the Conservation zoning district are subject to the following size and dimensional standards.

(A)

Minimum size. None.

(B)

Minimum dimension. None.

Plots located in the Conservation zoning district are subject to the following standards.

(A)

Plot coverage. The combined area of all buildings and roofed structures shall not exceed five percent of the plot area.

(B)

Floor-to-area ratio. Parks and recreation uses shall not exceed a floor-to-area ratio of five hundredths.

(C)

Pervious area. The minimum pervious area shall be 90 percent of the plot area.

All buildings and structures or paved area in the Conservation zoning district shall provide setbacks that preserve and protect the greatest amount of Conservation land area.

No buildings or structure, or part thereof, shall be erected or maintained to a height exceeding 25 feet.

(A)

Purpose and intent. The purpose of a PUD is to: (1) provide a zoning vehicle to implement the Multiple Land Use (MLU) future land use category and related special policies assigned to specific properties under Objective 1.15 of the Future Land Use Element of the Comprehensive Plan; and (2) offer an alternative to standard commercial zoning to property owners meeting the location criteria specified in Section 41-030(B)(1) to (B)(3) and who propose creative solutions to implement Town planning directives.

(B)

Applicability. The requirements of this article shall apply to all parcels assigned a Multiple Land Use designation in the Comprehensive Plan. In addition, the requirements of this article, by Town Council approval, may apply to certain additional parcels assigned a Town commercial land use designation which encompass one or more plots and developed in conformance with an overall Master Plan.

(C)

Conflicts. If a conflict exists between this article and other articles in this Code, the provisions of this article shall apply to the extent of the conflict.

(D)

Location and threshold.

(1)

A PUD assigned a Multiple Land Use future land use designation shall meet the requirements of Policy 1.1.14 of the Future Land Use Element and any Special Policies assigned to the property under Objective 1.15 of the Comprehensive Plan.

(2)

A PUD assigned a commercial future land use designation, per Table 1-8 of the Comprehensive Plan, shall comply with the performance standards in Section 41-030(B)(1) to (B)(3) of this article and any Special Policies assigned to the property under Objective 1.15 of the Comprehensive Plan.

(E)

Development order. Issuance of a development order for a PUD shall be deemed to authorize an amendment to the Town's Official Zoning Map.

(1)

Zoning map amendment. Any land which is the subject of a PUD approval shall be so designated on the Town's Official Zoning Map. Before any land is designated as a PUD on the Official Zoning Map, it shall receive approval pursuant to the standards and procedures for a rezoning pursuant to Section 05-070: "Town Council to amend zoning regulations" and Part V: "Development Review Procedures and Requirements" of this Code. Further, any land assigned a PUD designation under this section shall have been previously assigned either an MLU Future Land Use designation or a commercial land use designation on the Town's Future Land Use Map.

(2)

Conditions. The Town Council may impose conditions of approval in a development order for a PUD to protect the public health, welfare and safety; to ensure compliance with the Comprehensive Plan and the requirements of this Code; to implement special planning studies completed by the Town; to ensure off-site road improvements are provided to address traffic impacts associated with the PUD; to ensure the dedication of public facilities; to ensure compatibility between land uses, including the use of buffers; and to ensure a quality development.

Any public representations regarding any of the above listed items made to the Town Council by the property owner or his designated agent during a duly noticed Council public hearing or Council meeting during the approval process of a related comprehensive plan amendment or rezoning shall be included within the conditions of approval in a development order for a PUD.

(3)

Successive owners. Conditions imposed by the Town Council shall run with the land and shall be binding on all successors or assigns with an interest in the property.

(4)

Development permits.

a.

A development permit shall not be issued for any land development in a PUD, nor shall any land development activity commence within a PUD prior to approval of a site plan pursuant to Article 155 of this Code for the affected area.

b.

An internal lot, which constitutes a portion of an approved PUD Master Plan, and which is subject to final site plan approval, may be subdivided by fee title conveyance of said individual internal lot upon approval by the Town Manager, provided that:

1.

Legal access to each internal lot in the Master Plan is provided by a common drive aisle in full compliance with all requirements of this Code.

2.

The layout, location, and construction limits of structures within the internal lot are regulated by separation distances between structures rather than by setbacks from interior property lines.

3.

Individual internal lots are not subject to requirements for minimum area or dimensions under this Code.

4.

A statement of the developer's intent to subdivide the property according to the provisions of Section 41-010(E)(4)b. shall be included with the PUD application. Internal lot subdivision lines with bearings and distances shall be included on the approved site plan for the internal lot.

5.

All lands within the perimeter of the internal lot are subject to a common recorded unity of control or other such maintenance and use covenants for access, parking, stormwater management, and other required common areas or facilities, as approved as to form and sufficiency by the Town Attorney.

6.

The internal lot is delineated on a single boundary plat of record.

7.

The entirety of the property included within the PUD Master Plan, including the internal lot, is depicted on a plat of record meeting the requirements of Article 140, Division I: Platting, of this Code.

(Ord. No. 2012-08, § 2(Exh. A, § 1), 11-20-2012)

Each PUD shall have an underlying land use designation, including Multiple Land Use (MLU), Commercial Low (CL) or Commercial Low Office (CL-O), as indicated on Map FLU - 1.10 and defined in Table 1.8 of the Future Land Use Element of the Comprehensive Plan.

(A)

Land use.

(1)

A PUD with an MLU future land use designation shall consist of designated land use areas, pods, phases or lots, each of which shall be assigned a land use category defined in Table 1.8 of the Future Land Use Element of the Comprehensive Plan.

(2)

Each PUD with Commercial future land use designation shall be assigned either a CL or CL-O future land use designation, as defined in Table 1.8 and assigned to the subject parcel on Map FLU - 1.10 of the Future Land Use Element of the Comprehensive Plan.

(3)

Specific permitted, accessory and conditional uses allowed in each area, pod, phase or lot of an MLU PUD, consistent with the land use categories assigned to the property by Special Policy under Objective 1.15 of the Comprehensive Plan, shall consist of those stated in the corresponding zoning districts (e.g. the Commercial Low zoning district implements the Commercial Low future land use category and the Institutional and Public Facilities zoning district implements the Institutional and Public Facilities future land use category, etc.).

(4)

Specific permitted, accessory and conditional uses allowed in a Commercial PUD shall consist of those stated in the zoning district which corresponds to the future land use category assigned to the property (i.e. the Commercial Low zoning district implements the Commercial Low future land use category and the Commercial Low-Office zoning district implements the Commercial Low Office future land use category).

(B)

Maximum development intensity.

(1)

MLU PUD development density and intensity. The maximum non-residential development potential of each area, pod or phase of a parcel assigned an MLU future land use designation shall be determined by multiplying its gross size, in square feet, by the intensity (maximum floor area ratio) of the associated non-residential land use category, as depicted in Table 1.8 of the Comprehensive Plan. The maximum residential development potential of each area, pod or phase of a parcel assigned an MLU future land use designation shall be determined by multiplying its gross size, in acres, by the density (maximum dwelling units per acre) of the associated residential land use category, as depicted in Table 1.8 of the Comprehensive Plan. The sum of maximum non-residential and residential development potentials of each area, pod or phase shall determine the maximum development potential of the PUD as a whole. However, the maximum development potential of an individual future land use designation of an MLU PUD shall not exceed any limitations imposed by Special Policy under Objective 1.15 of the Future Land Use Element of the Comprehensive Plan. Land use and intensity may be further limited under Section 41-020(C).

(2)

Commercial PUD development intensity. The maximum development potential of a parcel assigned a Commercial Low or Commercial Low-Office future land use designation shall be determined by multiplying its gross size, in square feet, by the intensity (maximum floor area ratio) of the associated land use category, as depicted in Table 1.8 of the Future Land Use Element of the Comprehensive Plan or as specifically limited under Section 41-020(C).

(C)

Additional limitations on land use and maximum intensity. The development potential of a PUD, as determined in Subsections (A) and (B), including use and intensity, as well as those of specific areas, pods, phases, or lots may be further limited by Special Policy under Objective 1.15 of the Future Land Use Element of the Comprehensive Plan; concurrency reservation; conditions of a related development order; or the application of land development regulations in this Code.

(D)

Property development regulations.

(1)

Property development within a PUD shall be governed by the land development regulations in this Code, subject to any limitations established by Special Policy under Objective 1.15 of the Comprehensive Plan and conditions of approval stated in the most recent approved Master Plan, site plan or plat.

(2)

Property development within each area, pod or phase of an MLU PUD shall be governed by zoning regulations in this Code that correspond to the future land use designation assigned to the property by Special Policy under Objective 1.15 of the Future Land Use Element of the Comprehensive Plan (e.g. the Commercial Low zoning district regulations implement the Commercial Low future land use category and the Institutional and Public Facilities zoning district regulations implement the Institutional and Public Facilities future land use category, etc.). Additional limitations may be established by Special Policy under Objective 1.15 of the Comprehensive Plan and conditions of approval stated in the most recent approved Master Plan, site plan or plat.

(3)

Property development within a Commercial PUD shall be governed by zoning regulations in this Code that correspond to the specific future land use designation assigned to the property (i.e. the Commercial Low zoning district regulations implement the Commercial Low future land use category and the Commercial Low-Office zoning district regulations implement the Commercial Low Office future land use category). Additional limitations may be established by Special Policy under Objective 1.15 of the Comprehensive Plan and conditions of approval stated in the most recent approved Master Plan, site plan or plat.

(E)

Waiver of property development regulations.

(1)

A waiver of a specific property development regulation in this Code may be requested as part of the application for PUD approval provided that, in no event, shall use, density or intensity limitations be exceeded. Any waiver shall be approved by the Town Council under Section 41-010(E)(2) and, in addition, demonstrate that such waiver is necessary to best meet the PUD design objectives and standards stated in Section 41-030(A). The Town Council shall have the authority to grant a waiver of provisions of this Code relating to the following:

a.

Height.

b.

Setbacks.

c.

Parking and loading.

d.

Landscaping and buffers.

e.

Separation of uses.

f.

Plot coverage.

g.

Such other provisions of this Code which do not specifically prohibit such requests.

(2)

A waiver or waivers may be granted to a proposed PUD upon demonstration of significant contributions to implementing Town planning objectives and maintaining its rural character. In order to determine the significance of a proposed waiver, the applicant must justify said waiver or waivers by addressing the following items in the Statement of Use:

a.

Identification, protection and enhancement of natural areas.

b.

Provision of open space and landscaping in excess of Code requirements.

c.

Provision of pervious area in excess of Code requirements.

d.

Preservation of native vegetation.

e.

Joint use of driveways.

f.

Cross-access opportunities.

g.

Additional specific Comprehensive Plan or other Town planning directives.

(3)

A waiver request shall be included in the Statement of Use required in Section 41-030(C)(2)b.3., including justification for the request and public benefits accrued.

(4)

In no event shall a waiver be used as a means to increase the maximum development intensity limitations imposed by the Comprehensive Plan.

(Ord. No. 2012-08, § 2(Exh. A, § 2), 11-20-2012)

(A)

PUD design requirements.

(1)

Compatibility and consistency with the Comprehensive Plan.

(2)

Compatibility and consistency with the following Town planning documents, or their successors: Master Roadway, Equestrian and Greenway Plan (MREG); SR-80/Southern Boulevard Conceptual Access Management Plan; and Guidelines for Loxahatchee Groves' Non-Residential Projects ("Rural Vista Guidelines").

(3)

A vehicular circulation system which interconnects each internal area, pod or phase and provides access to common Southern Boulevard road entrances to the PUD.

(4)

A vehicular circulation system which provides opportunities for connectivity with adjacent properties.

(5)

Preservation of existing native vegetation and other natural or historic features to the greatest extent possible and compliance with the Town's Native Tree Preservation, Soil Stabilization and Exotic Removal Ordinance.

(6)

Screening and buffering of adjacent areas from non-residential PUD components.

(7)

Screening and/or buffering of objectionable features (e.g. mechanical equipment, loading/delivery areas, storage areas, dumpsters and compactors, etc.) from public view.

(8)

Minimize impervious surfaces and maximize open spaces.

(B)

PUD performance standards.

(1)

PUDs shall have frontage on and legal access to Southern Boulevard. Individual interior PUD areas, pods, phases or lots may be provided access by a common access point or access points, as approved by the Town Council.

(2)

The minimum parcel size for an MLU/PUD shall be 50 acres, consistent with the Comprehensive Plan.

(3)

The minimum frontage along Southern Boulevard for a CL/PUD or a CL-O/PUD shall be 600 feet and incorporate one of the following Southern Boulevard access scenarios: an existing Florida Department of Transportation (FDOT) approved driveway; a proposed driveway identified in the Town's SR-80/Southern Boulevard Conceptual Access Management Plan (SBCAMP); or an existing driveway that will be shared and gain approval by FDOT. The minimum depth from Southern Boulevard for a CL/PUD or a CL-O/PUD plot shall be 750 feet; however, in no event, shall a principal or accessory commercial use or building or commercial parking lot extend beyond 750 [feet] north of Southern Boulevard.

(4)

Infrastructure improvements shall be provided to accommodate projected impacts, as determined by the Town's concurrency review process. Improvements shall be provided according to a schedule approved by the Town Council.

(5)

PUDs shall provide cross access to adjacent properties where possible and deemed appropriate by the Town Council.

(6)

The internal vehicular and non-vehicular circulation systems shall be designed and constructed in a manner that does not adversely impact drainage within or adjacent to the PUD.

(7)

At the discretion of the Town Council, public streets within a PUD shall connect to public streets in developments directly adjacent thereto. If no public streets exist, and the Town Council determines that a future public street is possible, a connection to the property line may be required in a location determined by the Town Council.

(8)

A PUD shall comply with the following unless waived by the Town Council.

a.

The location of a Bus Stop, Boarding and Alighting Area (BSBAA) shall be shown on the Master Plan prior to approval by the Town Council, unless a written statement is received from Palm Tran that such a facility is not required for the construction of future mass transit infrastructure.

b.

Prior to the issuance of the first building permit, the property owner shall convey to Palm Beach County, or appropriate alternative entity, an easement for a BSBAA in a location approved by Palm Tran. The property owner shall construct continuous paved pedestrian and bicycle access compliant with the American with Disabilities Act (ADA) to and through the BSBAA.

(9)

All utility services located in a utility easement shall be installed underground or combination/alternative acceptable to the Town Council, with the following exceptions: primary electrical facilities and high voltage wires, lift stations, transformers, and other above ground structures necessary for the function of utility services. Such above ground structures shall be screened from view from adjacent rights-of-way by landscaping, fencing, walls, or a combination thereof.

(10)

Parking and loading for all uses in a PUD, subject to modifications permitted by the Town Council pursuant to Section 41-020(E) and use and intensity limitations imposed by the Town Council, per Section 41-020(B) and (C) above, shall be provided in compliance with Article 95 "Parking and Loading" of this Code.

(11)

As determined by the Town Council, perimeter landscape buffer requirements per Article 85 "Landscaping" of this Code may be applied to the exterior boundaries of a CL/PUD or a CL-O/PUD, as opposed to the perimeters of each interior pod, phase or lot thereof. Additional exterior PUD perimeter landscape buffers adjacent to residential areas may be required by the Town Council in order to compensate for the loss of interior landscape buffer area approved in this manner.

(12)

Review and report by the Roadway Equestrian Trails and Greenway Advisory Committee (RETAG). Prior to review of a PUD by the Town Council, the RETAG shall review the PUD application regarding the need for and location of greenways, including equestrian trails, within the proposed PUD and provide a report to the Town Council through the adoption of a motion reflected in the minutes of the meeting. The applicant shall provide a written response to any issues discussed.

C.

Application requirements.

(1)

For any proposed PUD, and prior to submittal of a formal PUD application, the applicant shall make a presentation at a Town Council public workshop to discuss the proposed PUD application and its implications for the Town and neighboring property owners.

(2)

In addition to the requirements of Article 110 and Section 160-010 of this Code, a qualified applicant shall submit the following information for a determination of PUD application completeness by the Town Manager.

a.

A Master Plan, subject to the following requirements.

1.

The Master Plan, subject to any limiting conditions imposed by the Town by Special Policy under Objective 1.15 of the Future Land Use Element of the Comprehensive Plan, which shall be the controlling document for the PUD.

2.

All development uses, access and density and intensity in the PUD shall be consistent with the Master Plan, as well as any other conditions set forth therein.

3.

All site plans, subdivisions and plats shall be consistent with the Master Plan.

4.

Approval of a Master Plan by the Town Council shall be binding upon land owners subject to the PUD development order, their successors and assigns, and shall constitute the principal development regulations of the land.

5.

All areas, pods, phases or lots within the boundaries of a Master Plan shall be assigned an MLU, Commercial Low or Commercial Low Office land use designation as described in Table 1-8 of the Future Land Use Element of the Comprehensive Plan.

6.

Each interior area, pod, phase or lot of a PUD shall clearly indicate the acreage and proposed density/intensity. Tabular data for the entire PUD shall be provided in a form acceptable to the Town Manager.

b.

The required Master Plan shall contain the following information:

1.

Site acreage.

2.

Site boundaries clearly identified, and ties to section corners.

3.

Existing and proposed land uses and existing uses of adjacent lands. Proposed PUD uses shall be described in detail in a written Statement of Use, which shall become part of the approved Master Plan.

4.

Preliminary site plan drawing meeting the requirements of Sections 155-010(B) through (J), (L), (M), and (R) of this Code.

5.

Indication of vehicular connections to public rights-of-way.

6.

If applicable, a valid Conceptual Driveway Permit approval from the Florida Department of Transportation issued pursuant to the "State Highway System Access Management Classification System Standards", as amended.

7.

Design Guidelines, including schematic elevations and a written statement of consistency with the Rural Vista Guidelines.

8.

All adjacent public and private rights-of-way and easements, indication of ultimate right-of-way line, centerline, width, pavement or surface width, existing or proposed median cuts and intersections, street light poles and other utility facilities and easements.

9.

Indication of existing native vegetation that will be preserved, and written acknowledgement that the PUD is subject to the permitting requirements of the Town's Native Tree Preservation, Soil Stabilization and Invasive Exotic Removal Ordinance.

10.

A detail of the proposed buffer for screening along any property line adjacent to a residential zoning district addressing the removal of invasive vegetation and replanting.

11.

Site data, including the maximum intensity permitted on site.

c.

Proof of concurrency, including all supporting documents.

d.

A study indicating the market feasibility of the proposed development.

e.

A statement detailing how the proposed PUD implements the Comprehensive Plan.

f.

Documentation of review by the Roadway Equestrian Trails and Greenway Advisory Committee (RETAG) regarding the need for and location of greenways, including equestrian trails, within the PUD, including a written response to RETAG comments and recommendations.

g.

All land shown on a Master Plan shall receive approval of a site plan pursuant to Article 155 of this Code and plat pursuant to Article 140 of this Code.

1.

Upon approval, the site plan and plat shall become the controlling documents for the land area addressed; however, land use, density and intensity, and access shall be consistent with the Master Plan.

2.

The re-designation or reconfiguration of an area, pod, phase or lot from one land use to another in a PCD with an MLU future land use designation shall require approval of the Town Council. However, in no event, shall re-designation or reconfiguration of an area, pod, phase or lot result in an increase in total PUD traffic generated by the mix of land uses approved by the Town Council in the Master Plan.

D.

Administrative amendments. Upon application, based upon the recommendations by the Town's staff and consultants, an approved Master Plan may be administratively amended pursuant to the site plan amendment process set forth in Section 155-005(B) of this Code, and provided that such proposed amendment does not:

(1)

Alter a recorded plat;

(2)

Conflict with the specific requirements of this article;

(3)

Increase the density and/or intensity of use, including building height of an approved master plan or a subsequently approved site plan;

(4)

Effect adjoining or surrounding properties by increasing traffic generation, addition of entrances to local roads, decreasing buffers adjacent to residential areas, or creating a nuisance, including but not limited to noise, light, odor, etc.;

(5)

Result in the relocation of major external access points;

(6)

Decrease the specified setbacks and/or open spaces or specified parking and loading spaces.

(7)

Require approval of a variance.

(8)

Alter a condition of approval previously approved by the Town Council.

(Ord. No. 2012-08, § 2(Exh. A, § 3), 11-20-2012)