1.

Purpose:

(a)

The intent of the PCC District is to encourage the development of planned and unified office, research, business, flex use, distribution center and expanded commercial complexes at suitable locations throughout the Town in a campus-like atmosphere. A Planned Commerce Center will serve as a major source of employment and will complement the appearance and welfare of the Town through attractive design, openness, and an aesthetically pleasing environment. By the establishment of flexible design standards, this district will promote innovative planning in addressing a site's characteristics. At the same time, the Town will be assured of an optimum development by the control it exercises through site plan review and the approval of appropriate covenants.

(b)

It is the intent of this section to locate PCC districts at suitable locations within the Town. Such locations should be adjacent to or proximate to major traffic thoroughfares to facilitate access to PCC districts and should be located on parcels which would be of minimum size, as hereinafter defined, to accommodate a PCC district.

2.

Definition: A Planned Commerce Center (PCC) shall be defined as follows:

(a)

A PCC is land under unified control, planned and constructed as a whole in a single development, or in development phases for buildings, related uses and facilities. All land included for the purpose of development within the PCC shall be under the control of the applicant (an individual, partnership, joint venture, or corporation; or group of individuals, partnerships or corporations). The applicant shall present legal documents acceptable to the Town Attorney to constitute evidence of the unified control of the entire area within the proposed PCC.

(b)

A PCC may include permitted and accessory uses and structures substantially related to the character of the development itself and surrounding area.

(c)

A PCC shall include a program for full provision, maintenance and operation of such areas, improvements, facilities and services for common use by the occupants of the PCC which will not be provided, operated or maintained at public expense. Applicant shall provide agreements, contracts, covenants, deed restrictions, and/or sureties acceptable to the Town for continuing operation and maintenance of such areas, functions and facilities which will not be provided, operated or maintained at public expense. Applicants shall bind their successors in title to any commitments made under this section.

2.1.

Permitted uses: No building or structure, or any part thereof, shall be erected, altered or used, in whole or part, for other than one or more of the uses below, subject to Section 19—Special Exceptions:

(a)

Business, office, governmental and professional uses.

(b)

Educational and private community medical outpatient facilities, excluding general care hospitals, with the exception of outpatient life care facilities. Inpatient (meaning one (1) or more overnight stays) medical facilities and uses are prohibited.

(c)

Research and laboratory uses, including experimental and testing operations.

(d)

Banks and other financial institutions.

(e)

Expanded commercial and light manufacturing uses which are compatible with the PCC concept and which must be approved by the Town Council.

(f)

Up to twenty-five (25) percent of the total land area of the PCC zoned parcel may be used for one (1) or more of the following standard commercial uses:

Barbershop

Bookstores, excluding "adult book-stores"

Business machines

Child care facilities and preschool facilities

Dry cleaning and laundry facilities

Electronic equipment sales

Exercise facilities

Gift shops and newsstands

Office supplies, excluding furniture sales

Pharmacy

Photographic equipment and supplies

Precision instrument and optic sales

Printing and copy service

Restaurants

Shoe, appliance and other repair services

Tailoring

Other standard commercial uses permitted by specific Town Council approval. However, no use that includes the provision of inpatient medical services shall be permitted.

(g)

Up to twenty (20) percent of the total land area of the PCC zoned parcel, exclusive of water retention areas, may be used for residential purposes. Maximum density shall not exceed twenty (20) units/acre, exclusive of water retention areas. The aggregate of all water retention areas shall not exceed twenty (20) percent of total land area zoned PCC. Areas within the PCC used for residential purposes shall not include any commercial or other non-residential uses, other than home occupations in conformance with applicable regulations. The provision of inpatient medical services shall not be considered a residential use and is prohibited in the PCC.

(h)

Other uses permitted which comply with the intent of the PCC ordinance with specific Town Council approval. However, no use that includes the provision of inpatient medical services shall be permitted.

(i)

Flex use when the PCC is located in an area designated "Commercial Flex" on the Future Land Use Map.

(j)

Distribution center when the PCC is located in an area designated "Commercial Flex" on the Future Land Use Map.

(k)

Transportation facilities.

(l)

Community center or parks, public.

2.2.

Special exception uses:

(a)

Any use which is compatible with the PCC concept and which is expressly approved by the Town Council subject to the percentage limitations set forth in subsections 2.1 (f) and (g) hereinabove.

(b)

Commercial uses in excess of twenty-five (25) percent but not to exceed forty (40) percent of the total land area of the PCC zoned parcel.

(c)

Residential uses in excess of twenty (20) percent but not to exceed sixty (60) percent of the total land area of the PCC zoned parcel. Areas within the PCC used for residential purposes shall not include any commercial or other non-residential uses, other than home occupations in conformance with applicable regulations. The provision of inpatient medical services shall not be considered a residential use and is prohibited in the PCC.

Building setbacks and other development standards to be applied for special exception uses may be those set forth in this section, i.e., 12A or as set forth in the residential zoning districts, at council's discretion. Notwithstanding this provision, site area and lot dimensions shall meet the requirements set forth in subsection 4 hereinbelow,

3.

Uses prohibited: All uses not specifically set forth herein as permitted uses or expressly approved by the Town Council by special exception are prohibited. Inpatient medical facilities and uses are prohibited in the PCC. Residential use is prohibited in any areas within the PCC used for non-residential purposes.

4.

Site area and lot dimensions. The minimum size parcel for development of land zoned PCC shall be ten (10) acres. The minimum lot size within a PCC shall be not less than twenty thousand (20,000) square feet. It is the intent of this section that a parcel zoned PCC be under unified control and be not less than ten (10) acres in size, that said parcel be planned as a whole and constructed as a whole or by phasing. Approval for development of a parcel in phases will be obtained at the time the plans for construction for the particular phase are approved.

5.

Building setbacks and site greenbelts.

(a)

Peripheral greenbelt. The project area shall be enclosed on all sides by a landscaped buffer having a minimum width of fifteen (15) feet, and shall contain at least one (1) tree eight (8) feet high at maturity at least every twenty-five (25) lineal feet and a hedge not less than four (4) feet high, at the time the first building permit is pulled for a building within the PCC, and maintained at an approximate height. In lieu of a hedge, a seventy-five (75) percent opaque screen of living plant material may be utilized. When such property abuts a residential zoning district, such greenbelt shall have a minimum width of fifteen (15) and a wall, berm, or combination wall/berm having an over-all height of ten (10) feet. However, when a PCC district is separated from a residential zoning district by a street, alley, railroad, waterway, waterbody, park or other open space not intended for residential development, the peripheral greenbelt shall have a minimum width of fifteen (15) feet. No peripheral greenbelt or buffer shall be required along a railroad right of way when the property on the opposite side is not a residential zoning district. No building, parking, perimeter roadways or other paving shall be permitted in the peripheral greenbelt, except for approved access streets, bicycle paths, sidewalks and jogging trails. Such access streets and sidewalks shall be those needed to provide entry to external traffic.

(b)

Minimum building setbacks from interior roads and lot lines shall be:

Front—Twenty-five (25) feet

Side—Fifteen (15) feet

Rear—Ten (10) feet

Parking, access streets and sidewalks may be located within these interior setbacks, and these interior setbacks shall be counted as part of the peripheral greenbelt when they are not utilized as parking, access streets or sidewalks.

(c)

Reserved.

(d)

Where suitable, the Town Council may approve the reduction of one of the side setbacks, provided the alternate side setback is increased proportionately.

(e)

Flex use buildings and distribution center buildings shall be setback a minimum of forty (40) feet from the exterior lot line of the PCC where the PCC directly abuts a residential zoning district.

6.

Ground floor building area: The total ground floor building area of all buildings and structures shall not exceed fifty (50) percent of the total area of an individual lot. Maximum floor area ratio shall not exceed 1.0.

7.

Building height: No building or structure shall be constructed to a height which exceeds forty (40) feet, provided that any portion of a building or structure within forty (40) feet of a residential zoning district shall not exceed twenty-five (25) feet.

8.

Parking and loading: Parking and loading areas shall be constructed in accordance with specifications as more fully described in Sections 5, 7, 8 and 16 of the Comprehensive Zoning Ordinance.

9.

Landscaping and open space:

(a)

Twenty (20) percent of the total site area shall be in non-vehicular open space and shall be landscaped in accordance with the site landscaping program provided herein. A detailed landscaping plan of the peripheral greenbelt shall be prepared by applicant showing location, type and size of all plantings and shall be submitted for review and approval by the Town Council prior to approval of the PCC zoning for the parcel.

(b)

All pervious land areas within the peripheral greenbelt and setbacks may be used in calculating the required open space. However, the impervious areas contained in public and private streets and parking shall not be considered as open space. Within the peripheral greenbelt, one (1) tree attaining a height of at least eight (8) feet by the time the first building permit is pulled for a building within the PCC shall be provided for at least every three hundred seventy-five (375) square feet of landscaped area.

(c)

Each PCC shall provide within the open space of the PCC a jogging trail/bicycle path appropriately located with the specific approval of the Town Council. In lieu of the jogging trail/bicycle path and with the specific approval of the Town Council, an alternative active recreation facility may be provided within the PCC, which alternative active recreation facility shall consist of at least ten (10) percent of the nonvehicular open space on the site.

(d)

All privately owned common open space shall conform to its intended use and to the requirements contained herein and in the Comprehensive Zoning Ordinance through the inclusion in all deeds of appropriate covenants. Said deed restrictions shall run with the land and be for the benefit of present as well as future property owners. Further, a PCC Association shall be established, the governing documents of which will be subject to review and approval of the Town Council. All landowners within the PCC will be required to be members of the PCC Association.

10.

Signs.

(a)

Each individual freestanding building may be allowed one (1) freestanding identification sign within one hundred (100) feet of the building, provided said sign does not exceed ten (10) feet in height and does not extend above the first floor level, and has no more than fifty (50) square feet per sign face.

(b)

The PCC may be permitted one (1) pair of freestanding signs per entry access road, located on opposite sides of the entry, provided said signs do not exceed ten (10) feet in height from the ground and have no more than two hundred (200) square feet per sign face.

(c)

No signs shall be permitted on the perimeter of the PCC zoned parcel other than as provided in Paragraph 10(b) herein, and other than those signs specifically approved by the Town Council.

(d)

All signs shall conform to the architecture, design and aesthetics of the building to which they refer. Each sign must be constructed in accordance with a sign plan which must be prepared by the applicant and approved by the town council prior to its erection. No flashing sign shall be permitted. Indirect lighting only shall be permitted.

(e)

Nothing herein shall preclude the use of:

(1)

Directional or internal traffic control signs approved by the Town's Public Safety Director and not exceeding ten (10) square feet in area and a height not exceeding six (6) feet;

(2)

Construction signs during construction or work abandonment which display the names of architects, engineers, developers, etc., and which do not exceed sixteen (16) square feet in area; and

(3)

Real estate signs advertising individual parcels for rent, sale or lease which do not exceed eight (8) square feet in area. In the case of real estate signs, only one (1) single-faced or double-faced sign shall be permitted per parcel and shall relate only to the premises upon which the sign is located.

11.

Other regulations.

(a)

Underground utilities: Within the PCC, all utilities including telephone, television cable, and electrical systems shall be installed underground. Primary facilities providing service to the site may be exempted from this requirement by the Town Council. Appurtenances to these systems which require aboveground installation shall be adequately screened, and may also be exempted from this requirement by the Town Council.

(b)

Minimum distance between buildings: The minimum distance between buildings shall be twenty-five (25) feet.

(c)

Building materials: Exterior materials permitted shall consist of wood, stucco, cement tile or any other materials which shall blend with the architecture of the PCC and be approved by the Town Council.

(d)

It is the intent of this section to establish minimum standards of development that may be approved within the PCC district. In recommending approval of the zoning for a particular parcel to PCC, the Town Council may attach suitable conditions, safeguards and stipulations to address the specific characteristics of the site pursuant to Section 7 of the Comprehensive Zoning Code. After approval has been received, all subsequent submissions for permits shall conform in every respect with the approvals.

(e)

Prior to approval of PCC zoning, a Master Site Plan shall be submitted for approval by the Town Council. The Master Site Plan shall show, in schematic form, the general locations of uses on the PCC site. The Master Site Plan may be prepared in conjunction with the Master Landscape Plan.

(f)

All applications for PCC zoning approval shall identify that two (2) or more of the following professionals were utilized in the design or planning process:

(1)

A planner who possesses the education and experience to qualify for membership in the American Institute of Certified Planners (AICP); and/or

(2)

A landscape architect registered by the State of Florida; and/or an architect licensed by the State of Florida; together with

(3)

A professional engineer registered by the State of Florida and trained in the field of civil engineering; and/or

(4)

A land surveyor registered by the State of Florida.

(g)

After receiving zoning approval, the PCC shall be required to plat in accordance with the requirement of the Town and State of Florida.

(Ord. No. 5-84-378, § 1, 5-15-84; Ord. No. 3-89-487, § 1, 3-21-89; Ord. No. 98-5, §§ 2—4, 8-18-98; Ord. No. 07-10, § 3, 12-11-07; Ord. No. 2014-01, § 3, 3-18-14; Ord. No. 2019-04, § 3, 6-18-19)