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Nassau Bay City Zoning Code

ARTICLE 15

- ZONING DISTRICTS FOR COMMERCIAL C, MIXED USE U AND PUBLIC PO-1 USES5


Footnotes:
--- (5) ---

Editor's note— Ord. No. O2013-712, Exh. B, adopted Aug. 12, 2013, changed the title of Art. 15 from "Zoning Districts (CN-1, CS-1, SC-1 and SC-2), Local Retail (LR-1) and Public (PO-1)" to "Zoning Districts for Commercial (C), Mixed Use (U) and Public (PO-1) Uses."


15-100.- Commercial District (C).

The purpose and intent of the C district is to encourage the development of retail, service, office and entertainment uses that meet the needs of both Nassau Bay residents and those who work in and/or visit the community, while ensuring compatibility with nearby residential uses and neighborhoods. This also provides for economic development that will expand the community's non-residential property tax base and generate sales tax revenue.

(A)

Uses. Permitted and specific uses in the C district are addressed in section 15-400. Additionally, in the C district:

(1)

Commercial amusement - indoor uses shall not involve video arcades or computer gaming centers.

(2)

Commercial lodging uses shall not involve bed and breakfasts, boarding houses, campgrounds, or recreational vehicle parks.

(3)

Commercial retail and heavy retail uses shall not involve bait sales as a principal use.

(4)

Dry cleaning/laundry pick-up station uses are permitted, but laundry self-service shops (e.g., laundromats, wash-a-terias) are not permitted.

(5)

Heavy retail uses shall not involve manufactured home sales.

(6)

Parking facility uses shall not involve vehicle or boat storage warehouses.

(7)

Personal services shall not involve body piercing studios or tattoo parlors as defined in Appendix A, Definitions.

(B)

Planned unit development. Applicants may propose a planned unit development (PUD) in the C district under the amendatory procedures of Article 16.7. This procedure will enable consideration of development proposals which might not strictly adhere to the established standards for the district but would meet the spirit and intent of the district. However:

(1)

For PUD applications in the C district, proposed buildings shall observe the height-setback plane requirement for properties at an edge of the C district that abut property outside the district that is in entirely residential use or within a residential zoning district. Maximum building height within a PUD may also be restricted to less than the C district limit in accordance with section 16.7-700(b) to ensure compatibility with adjacent development.

(C)

Special regulations.

(1)

Enclosed areas. All uses, except automobile service stations, shall be operated entirely within enclosed buildings, except for outdoor seating areas associated with restaurants, bars or hotels.

(2)

Lighting. Artificial lighting used to illuminate the premises and/or advertising copy shall be directed away from adjacent properties.

(3)

Outdoor storage. Outdoor storage of merchandise shall be permitted only when incidental to the commercial use located on the same premises, and provided that:

(a)

The storage area shall not be located in any of the required setbacks or yards.

(b)

The stored merchandise shall not protrude above the height of the enclosed walls or building.

(4)

Parking. All uses may utilize the provisions of section 11-800, Off-street parking regulations, that provide for potential reductions in required parking, as applicable, including credits for on-street and public parking, shared parking for mixed-use developments, and shared parking among sites under different ownership.

(5)

Parking setback. No off-street parking area or parking structure within the U district shall be located within twenty-five (25) feet of the nearest point of an R-1, R-2 or R-3 zoning district boundary.

(6)

A pawn shop or credit access business is not permitted within one thousand five hundred (1,500) feet of another pawn shop or credit access business.

(Ord. No. 86-341, § A(4), 9-8-86; Ord. No. O2013-712, Exh. B, 8-12-13; Ord. No. O2014-724, § III, 3-10-14)

15-200. - Urban District (U).

The purpose and intent of the U district is to encourage development and redevelopment with an urban character as envisioned in the city's comprehensive plan. An encouraged mix of commercial, office, entertainment and residential uses, together with physical design factors on both private sites and in public streets and spaces, promotes a more pedestrian-oriented setting compared to areas where vehicular circulation and access are primary. Desired development outcomes in the district will support expressed community planning objectives to capitalize on Nassau Bay's waterfront location, create more amenities for residents and visitors, boost the city's nonresidential tax base, and provide for changing housing needs over residents' life cycles. District development standards also ensure compatibility with nearby residential uses and neighborhoods with a more suburban character.

Minimum district area. Given the district purpose and intent to achieve a unique development character in an area, each instance of the Urban (U) zoning designation on the official zoning map shall involve an area of at least five (5) contiguous acres. Preferably, the U designation will encompass the blockfaces on both sides of a public street rather than having one blockface designated Urban and the opposite blockface in a different zoning designation.

(A)

Uses. Permitted and specific uses in the U district are addressed in section 15-400. Additionally, in the U district:

(1)

All site development activity that involves more than ten thousand (10,000) square feet of new or refurbished building floor area shall be a mixed-use project that:

(a)

Consists of a combination of two (2) or more principal uses, each of which is allowed in the district either as a permitted use or a use subject to specific use approval; and where

(b)

Each of the minimum two (2) uses occupies at least five thousand (5,000) square feet or ten (10) percent, whichever is less, of the total building floor area of the development project.

(2)

No uses may have drive-in or drive-through facilities (e.g., banks, dry cleaners, pharmacies, restaurants, etc.).

(3)

Commercial amusement - indoor uses are limited to bowling alleys and pool rooms, movie theaters and live performance theaters, museums, indoor skating rinks (ice or roller), and internet cafes.

(4)

Commercial lodging uses are limited to hotels as defined in Appendix A, Definitions, and shall not involve bed and breakfasts, boarding houses, campgrounds, or recreational vehicle parks.

(5)

Commercial retail uses shall not involve bait sales as a principal use.

(6)

Dry cleaning/laundry pick-up station uses are permitted, but laundry self-service shops (e.g., laundromats, wash-a-terias) are not permitted.

(7)

Medical office/clinic/lab uses are limited to medical offices.

(8)

Multi-family dwellings, including residential condominiums with three (3) or more dwelling units, shall be designed to where all units are accessed from interior hallways and not from individual exterior entrances.

(9)

Parking facility uses include below-grade and multi-level parking structures and commercial surface parking.

(10)

Personal services shall not involve body piercing studios or tattoo parlors as defined in Appendix A, Definitions.

(11)

Vending kiosk/automated teller machine (ATM) uses are limited to ATMs, and these shall be attached to or within the interior of a building and not in a stand-alone structure intended solely for housing one or more ATMs.

(B)

Planned unit development. Applicants may propose a planned unit development (PUD) in the U district under the amendatory procedures of Article 16.7. This procedure will enable consideration of proposed single-use projects that could be a positive addition to the district, and of other development proposals which might not strictly adhere to the established standards for the district but would meet the spirit and intent of the district. However:

(1)

A PUD application in the U district shall involve a site of five (5) acres or larger as opposed to the provision in subsection 16.7-700(a) that exempts PUDs from any minimum or maximum size.

(2)

A PUD application in the U district shall involve only those uses allowed within the U district and not any type of land use as provided in section 16.7-500, Permitted uses (for PUDs).

(3)

A PUD application in the U district shall involve buildings that meet the minimum and maximum building height standards established for the U district. Proposed buildings within PUDs shall also observe the height-setback plane requirement for properties at an edge of the U district that abut property outside the district that is in entirely residential use or within a residential zoning district. Maximum building height within a PUD may also be restricted to less than the U district limit in accordance with subsection 16.7-700(b) to ensure compatibility with adjacent development.

(C)

Special regulations.

(1)

Enclosed areas. All uses shall be operated entirely within enclosed buildings, except for outdoor seating areas associated with restaurants, bars or hotels.

(2)

Lighting. Artificial lighting used to illuminate the premises and/or advertising copy shall be directed away from adjacent properties.

(3)

Outdoor storage. Outdoor storage of merchandise is prohibited.

(4)

Parking. All uses may utilize the provisions of section 11-800, Off-street parking regulations, that provide for potential reductions in required parking, as applicable, including credits for on-street and public parking, shared parking for mixed-use developments, and shared parking among sites under different ownership.

(5)

Buffering. All uses are exempted from the buffering requirements between residential and nonresidential development in subsection 16.5-300(8). when such uses abut within the interior of the U district. However, the required buffering shall be provided where a nonresidential use or mixed-use development in the U district abuts a property outside the U district that is in entirely residential use or within a residential zoning district.

(a)

No off-street parking area or parking structure within the U district shall be located within twenty-five (25) feet of the nearest point of an R-1, R-2 or R-3 zoning district boundary.

(Ord. No. 86-341, § A(5), 9-8-86; Ord. No. O2013-712, § Exh. B, 8-12-13; Ord. No. O2019-788, 9-9-19)

15-300. - Public Ownership District (PO-1).

The purpose and intent of the PO-1 district is to provide a coordinated land planning approach to the sale, rent, lease, purchase, management or alteration of publicly owned or operated property. Notwithstanding those public uses permitted elsewhere in this ordinance, the PO district is primarily concerned with, although not limited to, the enlightened planning of parks and recreation areas, public buildings and facilities, other capital improvements of a distinctly significant nature, and the coordination with other public agencies, in their future land planning efforts.

15-301. Permitted uses. In a PO-1, Public Ownership District, no building, structure, or land and water use shall be permitted except for one or more of the following uses: Public and private utility services and accessory buildings and structures including but not limited to the following:

(1)

Electric power and light substation.

(2)

Gas and water regulation station.

(3)

Sewage treatment plant.

(4)

Telephone exchange building.

(5)

Water tower, storage tank, reservoir, treatment plant.

(6)

Government services and accessory buildings and structures including but not limited to the following:

Fire stations;

Police stations;

Libraries.

(7)

Commercial radio, television, microwave transmission and relay stations and towers and accessory equipment buildings.

(8)

Publicly owned and operated parks and recreation areas.

(9)

Military installations.

15-400. - Permitted and specific uses in C and U districts.

(A)

Symbols in uses table. The following symbols are used in Table 15-400.A, Uses, to indicate whether a particular use is permitted by right or permissible by specific use review in the C and U districts:

(1)

"P" indicates a permitted use, where the use is permitted as a matter of right, subject to any use standards or limitations of the particular district, and all other applicable provisions of this ordinance.

(2)

"S" indicates a specific use, which is allowed only upon the granting of a specific use permit as provided in subsection 5-1300(B), Specific uses. The planning commission and then the city council review specific use permit applications for compliance with the standards of subsection 5-1300(B)(1). Not all properties or project designs may meet these requirements, thus the use may not be allowed to be established on every parcel within the district.

(3)

Any proposed use which is not explicitly identified in Table 15-400.A shall require a specific use permit (SUP).

Table 15-400.A
USES
(subject to any limitations under each district,
as indicated by an asterisk in the table)
Land UseC
Commercial
U
Urban
Alcoholic beverage sales, package P P
Assisted living facility S
Bar/nightclub S S
Business or trade school P P
Child care facility, day care (DCCCF) S P
Commercial amusement, indoor P* P*
Commercial amusement, outdoor S
Commercial lodging P* P
Commercial retail P* P*
Condominium- P
Credit access business S
Dry cleaning/laundry pick-up station or laundry self-service shop P* P*
Governmental services P P
Heavy retail P*
Heavy vehicle or watercraft sales or rental P
Helistop S
Hospital S
Kennel S
Light auto service/fueling or charging station P
Live/work unit P
Medical office/clinic/lab P P*
Mixed use S P*
Mortuary or funeral home P
Multi-family dwelling P*
Nursery or greenhouse, retail P
Nursing home or convalescent home S
Office P P
Park or playground (public ownership) P
Parking facility S* P*
Passenger motor vehicle sales or rental S
Pawn shop S
Personal fitness or music instruction P P
Personal services P* P*
Place of private assembly S P
Place of public assembly S P
Post office P P
Private club P P
Professional services, instruction or counseling P P
Public park P P
Restaurant, drive-in/through S
Restaurant, no drive-in/through P P
Town house P
Town house, cluster P
Vehicle service S
Vehicle wash S
Vending kiosk/Automated Teller Machine (ATM) S P*
Veterinarian, small animal P P

 

(Ord. No. 86-341, § A(6), 9-8-86; Ord. No. O2013-712, Exh. B, 8-12-13; Ord. No. O2014-724, §§ I, II, 3-10-14; Ord. No. O2018-777, 9-10-18)

15-500. - Reserved.

Editor's note— Ord. No. O2013-712, Exh. B, adopted Aug. 12, 2013, deleted § 15-500, which pertained to specialized commercial district (SC-2) and derived from Ord. No. 86-341, § A(6), adopted Sept. 8, 1986; and Ord. No. 91-398, § 4, adopted May 13, 1991.

15-600. - Reserved.

Editor's note— Ord. No. O2013-712, Exh. B, adopted Aug. 12, 2013, deleted § 15-600, which pertained to local retail district (LR-1)) and derived from Ord. No. 86-341, § A(6), adopted Sept. 8, 1986.