2.04.00.01

Permitted Uses. Table II.1 lists those uses permitted in each conventional zoning district.

2.04.00.02

Uses allowed by right. Within Table II.1, an "•" indicates that the use is allowed by right in the respective zoning district. Permitted uses are subject to all other applicable regulations of this article. Conditional uses are indicated with a "c".

2.04.00.03

Uses for other purposes prohibited. Allowance of a use within Table II.1, and compliance with the applicable specific use standards for that use, authorizes that use only. Development or use of a property for any other use not specifically allowed in Table II.1, other than common and customary accessory uses as discussed in this article, and approved under the appropriate process is prohibited.

2.04.00.05

Classification of new and unlisted uses. It is recognized that new types of use will develop and forms of use not anticipated may seek to locate in the town. In order to provide for such situations, the economic and community development department director shall provide an interpretation as to the zoning district into which such use should be placed. In making such interpretation, the director shall consider the nature of the use and whether it involves dwelling activity, sales, processing, type of product, storage and amount, and nature thereof, enclosed or open storage, anticipated employment, transportation requirements, the amount of noise, odor, fumes, dust, toxic material and vibration, likely to be generated, the general requirements for public utilities such as water and sanitary sewer, and any significant impacts to neighboring properties. Request for appeal of the director's interpretation shall be made to the town council within 30 calendar days of the director's decision.

TABLE II.1

TABLE II.2

(1) 6,000 square feet for the first family unit and 5,360 square feet for each additional dwelling unit (gross density of not more than eight units per acre).

(2) Provided that when combined with the adjacent side yard at least ten 10 feet exists between buildings.

(3) Except where lot width is less than 100 feet and buildings (if any) on adjacent lots have provided a lesser front yard, front yard shall be average of buildings on adjacent lots, or where lot is adjacent to residentially zoned property, front yard shall meet requirements for such adjacent property.

(4)Except for those structures located within the interstate impact area whose height shall not exceed 75 feet.

(5) The maximum length of the side of a building parallel, or within 45 degrees of parallel, to Park Avenue and Kingsley Avenue shall be 120 feet.

2.04.01

Residential, single-family estate (RS-1).

Intent.

These districts are intended to be low density, highly restricted, large lot, estate-type developments. Locations will normally be along the waterfront or removed from areas of substantial urban development.

2.04.01.01

Permitted uses and structures.

(a)

See section 2.04.00.

2.04.01.02

Permitted accessory uses and structures.

(a)

See section 2.05.21.

2.04.01.03

Conditional uses.

(a)

Home occupations subject to all of the following conditions and limitations:

(1)

No person other than members of the family residing on the premises shall be engaged in such occupation.

(2)

The use of the premises shall be clearly incidental and subordinate to its use for residential purposes and shall under no circumstances change the residential character thereof or be used as a basis for the addition of accessory structures related to the home occupation.

(3)

There shall be no change in outside appearance of the premises, or other visible evidence of the conduct of such home occupation.

(4)

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood.

(5)

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the premises. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in the line voltage off the premises; no chemicals or chemical equipment shall be used, except those that are used for domestic or household purposes.

(6)

The giving of art, music or other instructions or lessons shall be limited to not more than four persons at any one time.

(7)

Fabrication of articles such as are commonly classified under the terms of arts and handicraft may be deemed a home occupation, subject to other terms and conditions of this definition, and providing no retail sales are made at the residence.

(8)

The following uses shall be prohibited as home occupations:

i.

Mechanical, paint and body repair; and/or detailing services upon any type motor vehicle, boat, trailer, or equipment; tow truck service or other trucking services.

ii.

Barber and beauty shops.

iii.

Food processing.

iv.

Private clubs.

v.

Bed and breakfast establishments.

vi.

Fortune tellers, psychics, and similar uses.

vii.

Medical, counseling or dental office or laboratory, veterinarian services which includes care, grooming, or boarding at home.

2.04.01.04

Minimum lot requirements (width and area).

(a)

Minimum lot width, 100 feet.

(b)

Minimum lot area, 25,000 square feet.

2.04.01.05

Maximum lot coverage by all buildings: 30 percent.

2.04.01.06

Minimum yard requirements.

(a)

Front: 60 feet.

(b)

Side: Ten feet.

(c)

Rear: 30 feet.

2.04.01.07

Maximum height of structures.

(a)

35 feet.

2.04.02

Residential single-family: RS-2, RS-3.

Intent.

These districts are intended for development at low to medium density, single-family residential areas. Easy access to major transportation routes and availability of governmental services such as schools, fire, water, sewer, etc. are important determinants in locating such districts.

2.04.02.01

Permitted uses and structures.

(a)

See section 2.04.00.

2.04.02.02

Permitted accessory uses and structures.

(a)

See section 2.05.21.

2.04.02.03

Conditional uses.

(a)

Home occupations subject to all of the following conditions and limitations:

(1)

No person other than members of the family residing on the premises shall be engaged in such occupation.

(2)

The use of the premises shall be clearly incidental and subordinate to its use for residential purposes and shall under no circumstances change the residential character thereof or be used as a basis for the addition of accessory structures related to the home occupation.

(3)

There shall be no change in outside appearance of the premises, or other visible evidence of the conduct of such home occupation.

(4)

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood.

(5)

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the premises. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in the line voltage off the premises; no chemicals or chemical equipment shall be used, except those that are used for domestic or household purposes.

(6)

The giving of art, music or other instructions or lessons shall be limited to not more than four persons at any one time.

(7)

Fabrication of articles such as are commonly classified under the terms of arts and handicraft may be deemed a home occupation, subject to other terms and conditions of this definition, and providing no retail sales are made at the residence.

(8)

The following uses shall be prohibited as home occupations:

i.

Mechanical, paint and body repair; and/or detailing services upon any type motor vehicle, boat, trailer, or equipment; tow truck service or other trucking services.

ii.

Barber and beauty shops.

iii.

Food processing.

iv.

Private clubs.

v.

Bed and breakfast establishments.

vi.

Fortune tellers, psychics, and similar uses.

vii.

Medical, counseling or dental office or laboratory, veterinarian services which includes care, grooming, or boarding at home.

2.04.02.04

Minimum lot requirements.

(a)

RS-2: Minimum lot width 100 feet, minimum lot area 15,000 square feet.

(b)

RS-3: Minimum lot width 90 feet, minimum lot area 10,800 square feet.

2.04.02.05

Maximum lot coverage by all buildings.

(a)

RS-2: 30 percent.

(b)

RS-3: 35 percent.

2.04.02.06

Minimum yard requirements. All permitted or permissible uses and structures:

(a)

Front: RS-2, 30 feet; RS-3, 25 feet.

(b)

Side: RS-2, ten feet; RS-3, 8 feet.

(c)

Rear: RS-2, 20 feet; RS-3 20 feet.

2.04.02.07

Maximum height of structures.

(a)

RS-2: 35 feet.

(b)

RS-3: 35 feet.

2.04.03

Residential, general: RG-1, RG-2.

Intent.

These districts are intended to provide for medium density, multi-family development and can serve as a buffer between single-family residential areas and commercial development. Careful consideration must be given to traffic generation from such districts to minimize impact on single-family districts. These districts should be situated so that they are well served by public services and have direct access to major thoroughfares. These districts should be applied within the medium density designated areas of the comprehensive plan.

2.04.03.01

Permitted uses and structures.

(a)

See section 2.04.00

2.04.03.02

Permitted accessory uses and structures.

(a)

See section 2.05.21.

2.04.03.03

Conditional uses.

(a)

Home occupations subject to all of the following conditions and limitations:

(1)

No person other than members of the family residing on the premises shall be engaged in such occupation.

(2)

The use of the premises shall be clearly incidental and subordinate to its use for residential purposes and shall under no circumstances change the residential character thereof or be used as a basis for the addition of accessory structures related to the home occupation.

(3)

There shall be no change in outside appearance of the premises, or other visible evidence of the conduct of such home occupation.

(4)

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood.

(5)

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the premises. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in the line voltage off the premises; no chemicals or chemical equipment shall be used, except those that are used for domestic or household purposes.

(6)

The giving of art, music or other instructions or lessons shall be limited to not more than four persons at any one time.

(7)

Fabrication of articles such as are commonly classified under the terms of arts and handicraft may be deemed a home occupation, subject to other terms and conditions of this definition, and providing no retail sales are made at the residence.

(8)

The following uses shall be prohibited as home occupations:

i.

Mechanical, paint and body repair; and/or detailing services upon any type motor vehicle, boat, trailer, or equipment; tow truck service or other trucking services.

ii.

Barber and beauty shops.

iii.

Food processing.

iv.

Private clubs.

v.

Bed and breakfast establishments.

vi.

Fortune tellers, psychics, and similar uses.

vii.

Medical, counseling or dental office or laboratory, veterinarian services which includes care, grooming, or boarding at home.

2.04.03.04

Minimum lot requirements.

(a)

Single-family dwellings:

(1)

Minimum lot width: RG-1, 75 feet; RG-2, 32 feet.

(2)

Minimum lot area: RG-1, 7,500 square feet; RG-2, 2,900 square feet.

(b)

Duplex, or two-family dwelling:

(1)

Minimum lot width: 75 feet.

(2)

Minimum lot area: 10,000 square feet.

(c)

Multiple-family dwellings:

(1)

Minimum lot width: 100 feet.

(2)

Minimum lot area: 6,000 square feet. 6,000 square feet for the first family unit and 5,360 square feet for each additional dwelling unit (gross density of not more than 8 units per acre).

These requirements pertain to developable land which includes all of a parcel of land except: (1) Lands lying within proposed public rights-of-way; (2) Marshlands, swamps, flood plains or other environmentally sensitive lands where local, state or federal regulations otherwise prohibit development; and, (3) Bodies of water such as ponds, lakes and reservoirs, either natural or manmade.

2.04.03.05

Maximum lot coverage by all buildings: RG-1, 35 percent; RG-2, 60 percent.

2.04.03.06

Minimum yard requirements.

(a)

Single-family dwellings:

(1)

Front: RG-1, 20 feet; RG-2, 15 feet.

(2)

Side: RG-1, 8 feet; RG-2, 3 feet, provided that when combined with the adjacent side yard at least ten feet exists between buildings.

(3)

Rear: RG-1, 10 feet; RG-2, ten feet.

(b)

Two-family dwellings:

(1)

Front: 20 feet.

(2)

Side: Ten feet.

(3)

Rear: Ten feet.

(c)

Multiple-family dwellings:

(1)

Front: 20 feet.

(2)

Side: Ten feet.

(3)

Rear: 20 feet.

2.04.03.07

Maximum height of structures.

(a)

Single-family dwellings: 35 feet.

(b)

Two-family dwellings: 35 feet.

(c)

Multiple-family dwellings: 35 feet.

2.04.03.08

Limitations on RG-2. The RG-2 zoning district is a permissible zoning district only in that area illustrated on the Zoning Map. The RG-2 zoning is not a permissible zoning district in areas outside of the area illustrated on the Zoning Map.

2.04.03.09

Application for RG-2. An application for rezoning to RG-2 shall proceed in general as for applications for rezoning; and, in addition to the information usually required for such application, the following shall be required:

(a)

A sketch plan at an appropriate scale depicting:

(1)

The preliminary location, grouping and height of all uses;

(2)

The number of residential units proposed, their general location, number of stories, indicating those areas to be owner-occupied and those to be renter-occupied;

(3)

The preliminary vehicular and pedestrian circulation system including driveways, walkways, parking areas, and streets to be dedicated;

(4)

Schedule of development, including the staging and phasing of areas to be developed, infrastructure construction, and dedication to public use, if any.

2.04.03.10

Review of final site plan. Following the public hearing for adoption of any application for rezoning to RG-2, the planning and zoning board shall be responsible for review of the final site plan for conformance with the RG-2 objectives and regulations. The planning and zoning board may recommend to the land use planning and policy committee any special conditions related thereto.

2.04.04

Reserved.

2.04.05

Commercial, professional and office (CPO).

Intent.

This district is intended to provide for professional offices and businesses of low intensity and design criteria by permitting their location in close proximity to single-family districts. This designation is intended to provide adequate transition between low or medium density residential development and more intensive commercial development.

2.04.05.01

Permitted uses and structures.

See section 2.04.00 and Table II.1. All of the permitted uses in the CPO district are limited by the following conditions:

(1)

No retail sales, display, or storage of merchandise shall be permitted.

(2)

No vehicles, other than passenger automobiles or trucks, of not more than three-quarter-ton capacity shall be used.

(3)

No manufacture, repair or work of a mechanical nature of any kind shall be permitted and no machinery shall be used other than normal office equipment such as mobile phones, calculators, computers, tablets, etc.

(4)

There shall be no noise of operation perceptible outside the building.

2.04.05.02

Permitted accessory uses and structures.

(a)

See section 2.05.21.

(b)

Parking lots complying with 2.06.03.

2.04.05.03

Maximum building length.

(a)

The maximum length of the side of a building parallel, or within 45 degrees of parallel, to Park Avenue and/or Kingsley Avenue shall be 120 feet.

2.04.05.04

Minimum lot requirements (width and area).

(a)

Minimum lot width: 60 feet

(b)

Minimum lot area: 6,000 square feet

2.04.05.05

Maximum lot coverage by all buildings.

(a)

65 percent

2.04.05.06

Minimum yard requirements.

(a)

Front: 10 feet

(b)

Side: 10 feet

(c)

Rear: 10 feet

See 2.05.10.

2.04.05.07

Maximum height of structures.

(a)

All uses: 35 feet

2.04.06

Commercial, neighborhood (CN).

Intent.

This district is intended to apply to areas where small groups of selected establishments may be appropriately located to serve within convenient traveling distance from one or several neighborhoods. The CN district is not intended for use by major commercial or service establishments such as service stations, vehicle repair and sales, hotels, etc. However, professional and business offices and similar uses are encouraged. Nursing homes as defined by F.S. Part II, Chapter 400, may be located in this district if considered compatible with surrounding land uses, are well served by public services and have direct access to major thoroughfares to minimize impact on adjacent residential districts.

2.04.06.01

Permitted uses and structures.

(a)

See section 2.04.00 and Table II.1.

All of the permitted uses in the CN district are limited to the following conditions:

(1)

No outside retail display, with the exception of live plants for plant nurseries.

(2)

Sale, display, preparation and storage to be conducted within a completely enclosed building, and no more than 35 percent of floor space to be devoted to storage.

(3)

Products to be sold only at retail.

(4)

No sale, display or storage of secondhand merchandise with the exception of antique shops.

(5)

No noise shall be generated above normal speaking level volume.

2.04.06.02

Permitted accessory uses and structures.

(a)

See section 2.05.21.

(b)

Parking lots complying with 2.06.03.

(c)

On the same premises and in connection with permitted principal uses and structures, dwelling units only for occupancy by owners or employees thereof.

2.04.06.03

Maximum building length.

(a)

The maximum length of the side of a building parallel, or within 45 degrees of parallel, to Park Avenue and/or Kingsley Avenue shall be 120 feet.

2.04.06.04

Minimum lot requirements (width and area). Fifty feet of accepted Town of Orange Park street or Town of Orange Park accepted roadway frontage and minimum 10,000 square feet of lot area.

2.04.06.05

Maximum lot coverage by all buildings. None, except as needed to meet other requirements specified herein.

2.04.06.06

Minimum yard requirements.

(a)

Front: 20 feet except where lot width is less than 100 feet and buildings (if any) on adjacent lots have provided a lesser front yard, front yard shall be average of buildings on adjacent lots, or where lot is adjacent to residentially zoned property, front yard shall meet requirements for such adjacent property.

(b)

Side: Ten feet.

(c)

Rear: Ten feet.

See 2.05.10.

2.04.06.07

Maximum height of structures.

(a)

All uses: 35 feet.

2.04.07

Commercial, general: CG.

Intent.

This district is intended to provide the retail sales and services for the community as a whole. The types of uses in this district are of medium intensity and are dependent upon automotive availability. New districts should be adequately separated from existing or projected RS districts by adequate depth of lower intensity zoning.

2.04.07.01

Permitted uses and structures.

See section 2.04.00 and Table II.1.

(a)

All of the permitted uses in the CG district are subject to the following limitations:

(1)

Outside display resulting in no reduction of parking is acceptable, but in no case shall outside displays be allowed overnight.

(2)

Outside storage must not be visible from adjoining properties or town rights-of-ways.

2.04.07.02

Permitted accessory uses and structures.

(a)

See section 2.05.21.

(b)

Parking lots complying with 2.06.03.

(c)

On the same premises and in connection with permitted principal uses and structures, dwelling units only for occupancy by owners or employees thereof.

2.04.07.03

Maximum building length.

The maximum length of the side of a building parallel, or within 45 degrees of parallel, to Park Avenue and/or Kingley Avenue shall be 120 feet.

2.04.07.04

Minimum lot requirements (width and area). Fifty feet of accepted Town of Orange Park street or Town of Orange Park accepted roadway frontage and minimum 10,000 square feet of lot area.

2.04.07.05

Maximum lot coverage by all buildings. None, except as needed to meet other requirements specified herein.

2.04.07.06

Minimum yard requirements.

(a)

Front: 20 feet except where lot width is less than 100 feet and buildings (if any) on adjacent lots have provided a lesser front yard, front yard shall be average of buildings on adjacent lots, or where lot is adjacent to residentially zoned property, front yard shall meet requirements for such adjacent property.

(b)

Side: Ten feet.

(c)

Rear: Ten feet.

See section 2.05.10.

2.04.07.07

Maximum height of structures.

(a)

All uses: 40 feet.

2.04.08

Commercial, intensive: CI.

Intent.

This district is intended to provide for intensive uses that require a conspicuous and accessible location convenient to streets carrying large volumes of traffic. Ample off-street parking and loading must be provided. These districts permit uses more intensive than those in other commercial districts and are intended to serve a large geographical area. New districts should be adequately separated from existing or projected RS or RG districts by adequate depth of lower intensity zoning.

2.04.08.01

Permitted uses and structures.

See section 2.04.00 and Table II.1.

All of permitted uses in the CI district are subject to the following limitations:

(1)

Outside storage must not be visible from adjoining properties for town rights-of-ways.

2.04.08.02

Permitted accessory uses.

(a)

See section 2.05.20.

2.04.08.03

Conditional uses.

(a)

Personal property mini-warehouses subject to all of the following conditions and limitations:

(1)

Storage buildings shall be subdivided by permanent partitions into spaces containing not more than 360 square feet each and each such space shall have an independent entrance under the exclusive control of the tenant thereof.

(2)

Not more than 3,600 square feet in total area shall be occupied or used by any single tenant.

(3)

Storage of goods shall be limited to personal property with no commercial distribution or sales or other business activities allowed on the premises, and the regular delivery or pick-up of goods in trucks in excess of 8,000 pounds net vehicle weight shall not be allowed.

(4)

The storage of hazardous materials shall be prohibited.

(5)

All outdoor lighting shall be directional and shall not shine directly onto adjacent properties.

(6)

A minimum of six-foot masonry wall or security fence shall be required around the perimeter of the facility. If fenced, such fence shall be opaque along property lines adjacent to residential zoning districts or residential portions of planned unit developments.

(7)

The facility shall contain a staffed on-site office.

(8)

Access to the facility shall be restricted to the hours of management personnel being on-site.

(9)

No portion of a facility shall be allowed within 500 feet of residentially zoned property or residential portions of planned unit developments.

2.04.08.04

Minimum lot requirements (width and area). Fifty feet of Town of Orange Park street or Town of Orange Park accepted roadway frontage and minimum 10,000 square feet of lot area.

2.04.08.05

Maximum lot coverage of all buildings. None, except as specifically required for certain uses.

2.04.08.06

Minimum yard requirements.

(a)

Front: 20 feet except where lot width is less than 100 feet and buildings (if any) on adjacent lots have provided a lesser front yard, front yard shall be average of buildings on adjacent lots, where lot is adjacent to residentially zoned property, front yard shall meet requirements for such adjacent property.

(b)

Side: Ten feet.

(c)

Rear: Ten feet.

See 2.05.10.

2.04.08.07

Maximum height of structures.

(a)

55 feet.

2.04.08.08

Maximum building length.

(a)

The maximum length of the side of a building parallel, or within 45 degrees of parallel, to Park Avenue and/or Kingsley Avenue shall be 120 feet.

2.04.09

Industrial warehouse (IW).

Intent.

This district is intended for light manufacturing, processing, storage and warehousing, wholesaling and distribution. Service and commercial activities relating to the character of the district are permitted. Location of such districts must consider the provision of adequate public services, such as water, sewer, fire and police protection and availability to major highways and railroads.

2.04.09.01

Permitted uses and structures.

(a)

Wholesaling, warehousing, mini-warehousing, storage or distribution establishments and similar uses.

(b)

Light manufacturing, processing including food processing, packaging or fabricating.

(c)

Printing, lithographing, publishing or similar establishments.

(d)

Bulk storage yards, not including bulk storage of flammable liquids and acids.

(e)

Outdoor storage yards and lots, provided such outdoor storage yard shall not be located closer than 25 feet to any public street and that such yard shall be completely enclosed by a solid fence or wall not less than eight feet high except for entrance and exit and such openings shall be equipped with eight foot high visual barrier gates; and provided further that this provision shall not permit wrecking yards (including automobile wrecking yards), junk yards or yards used in whole or in part for scrap or salvage operations or for processing, storage, display or sales of any scrap, salvage or second hand building materials, junk automotive vehicles, or second hand automotive parts.

(f)

Vocational, technical, trade or industrial schools and similar uses.

(g)

Clinic in connection with industrial activity.

(h)

Miscellaneous uses such as express office, telephone exchange, commercial parking lots and parking garages, motor bus or truck or other transportation terminal.

(i)

Radio or television broadcasting offices, studios, transmitters, antennas, communication antennas and towers, including accessory buildings, and tower support and peripheral anchors.

(j)

Any existing industrial use.

(k)

Railroad rights-of-way, tracks, sidings, yards, etc.

(l)

All essential public services including water, sewer, gas or electrical systems such as substations, lift stations, treatment plants and similar installations.

(m)

Modular buildings.

(n)

Call centers and/or data processing centers.

(o)

Retail establishments for sale of new and used automobiles, motorcycles, trucks and tractors, mobile homes, boats, automotive vehicle parts and accessories, including junk yards or automotive vehicle wrecking yards (provided that such establishments are screened on all sides by a solid fence or wall at least eight feet in height), heavy machinery and equipment, farm equipment and supplies, lumber and building supplies, monuments and similar uses.

2.04.09.02

Permitted accessory uses and structures.

(a)

See section 2.05.21.

(b)

Residential facility (including not more than one mobile home) located on the same premises as an industrial use for the use of watchmen or caretakers whose employment requires residence on the premises.

2.04.09.03

Minimum yard requirements.

(a)

Front: 15 feet.

(b)

Side: 15 feet.

(c)

Rear: 15 feet.

See 2.05.10.

2.04.09.04

Minimum lot requirements. Fifty feet of Town of Orange Park street or Town of Orange Park accepted roadway frontage and minimum 10,000 square feet of lot area.

2.04.09.05

Maximum lot coverage by all buildings. None.

2.04.09.06

Maximum height of structures. 35 feet.

2.04.09.07

Maximum building length.

(a)

The maximum length of the side of a building parallel, or within 45 degrees of parallel, to Park Avenue and/or Kingsley Avenue shall be 120 feet.

2.04.10

Reserved.

2.04.11

Government use: GU.

Intent.

It is the intent of this article that certain lands, which are owned by federal, state or local government and are used for a purpose which is particularly and peculiarly related to governmental functions, shall be placed in a government use-GU district. Any lawful governmental activity is permitted upon such lands so long as the title to the land is vested in the government and provided that any use or structure upon such land shall conform to the rules and regulations of this ordinance that pertain to a similar use or structure in a nongovernmental district. Any lands in a GU district which are converted to private ownership shall be rezoned to a district other than GU as lands in the GU district are restricted exclusively to governmental functions. This provision shall not, however, be deemed to prevent the use by any government of lands located in districts other than GU, provided such use is in compliance with all provisions of this article applicable to such other districts. See section 2.04.00 for a list of permitted uses.

2.04.12

Planned unit development (PUD).

Intent.

The application of flexible land use controls to the development of land is often difficult or impossible within traditional zoning district regulations. In order to permit the use of more flexible land use regulations and to facilitate use of the most advantageous techniques of land development, it is often necessary to establish planned unit developments (PUD) in which development is in harmony with the general purpose and intent of this article and with the town's general planning program and such comprehensive plans as may from time to time be adopted by the town council; but in which such development differs in one or more respects from the usual application of provisions of this article. The objective of a PUD is to encourage ingenuity, imagination and design efforts on the part of builders, architects, site planners and developers, to produce developments which are in keeping with overall land use intensity and open space objectives of this article, while departing from the strict application of use, setback, height and minimum lot size requirements of the several zoning districts. The intent of this part is to permit such flexibility and provide performance criteria for planned unit developments which:

(a)

Permit a creative approach to the development of land by promoting more design compatibility among buildings and groups of buildings; and

(b)

Accomplish a more desirable environment that would be possible through the strict application of minimum requirements of this article; and

(c)

Promote high-quality and compatible mixed-use development and redevelopment; and

(d)

Provide for an efficient use of land, resulting in small networks of utilities and streets and thereby lower development costs; and

(e)

Enhance the appearance of the area through preservation of natural features, the provision of underground utilities and the provision of recreation areas and open space in excess of existing zoning and subdivision requirements; and

(f)

Provide an opportunity for new approaches to ownership; and,

(g)

Provide an environment of stable character compatible with surrounding areas; and

(h)

Retain property values over the years and stimulate investment in, and strengthen the economic vitality of the town; and

(i)

Foster development that respects pedestrian and bicycle activity, while still accommodating automobile and truck traffic.

2.04.12.01

Defined.

For the purpose of this article, a planned unit development (PUD) shall mean the development of land under unified control which is planned and developed as a whole in a single or programmed series of operations with uses and structures substantially related to the character of the entire development. A PUD must also include a program for the provision, maintenance, and operation of all areas, improvements, facilities, and necessary services for the common use of all occupants thereof.

2.04.12.02

Permissible uses.

Any use which is permitted or permissible by conditional use in any zoning district may be included and approved in a PUD.

2.04.12.03

Procedures.

2.04.12.03.01

Application for rezoning to PUD.

An application for rezoning to PUD shall proceed in general as for other applications for rezoning; and, in addition to the information usually required for such applications, the-following shall be required:

(a)

Plats and/or metes and bounds description of the area within the PUD.

(b)

The name and address of the owner and, if applicable, evidence of the assignment of an agent who represents the owner.

(c)

Evidence of unified control of the entire area within the PUD with all owners within the area of same identified.

(d)

An agreement by all owners within the PUD which includes their commitment to:

(1)

Proceed with the proposed development in accordance with the PUD ordinance and such conditions and safeguards as may be set by the town council in such ordinance; and

(2)

Provide a written statement of a proposal for completion of such development according to plans approved by such ordinance, and for continuing operating and maintenance to such areas, functions and facilities as are not to be provided, operated or maintained by the Town of Orange Park pursuant to written agreement; and

(3)

To bind their successors in title to any commitments made in their application.

2.04.12.03.02

Materials to accompany applications.

An application for rezoning to PUD shall be accompanied by the following, in sufficient copies as deemed necessary by the economic and community development department for referrals and recommendations:

(a)

Plans, maps, studies and reports, as may reasonably be required by the economic and community development in order to make the findings, determinations and recommendations; and

(b)

Written description of the intended plan of development, clearly indicating where approval of the PUD will benefit the future occupants of the proposed development and the town in general and shall clearly describe all the following:

(1)

Permitted uses and structures, permitted accessory uses and structures, permissible uses by exception, minimum lot requirements (width/area), maximum lot coverage by all buildings and structures, minimum and/or maximum yard requirements, maximum height of structures and any limitations on permitted and/or permissible uses by exceptions.

(2)

The name of the project and the names of the professional protect planners(s), architect(s), engineer(s), developer(s) and quantitative data as follows: size in acres of the total development: total number of dwelling units and/or nonresidential floor area or both: total amount of recreation and/or open space: amount of public and/or private right-of-way, and the proposed land coverage of all buildings and structures.

(3)

A schedule indicating the approximate date(s) when construction of the phases within the proposed planned unit development are to be initiated and completed.

(4)

A written statement of the intent for the continued operation and maintenance of those areas and functions described herein and facilities which are not to be provided, operated or maintained by the town.

All required and supplementary data, exhibits, information, site plan(s), etc. submitted as part of an application for rezoning to the planned unit development district, including any additional data, exhibits, information, site plans), etc. and amendments thereto, shall be clearly identified by title, name, date, exhibit and/or other notation acceptable to the economic and community development department.

(c)

A sketch plan at an appropriate scale supporting the above statement illustrating:

(1)

The preliminary location, grouping, and height of all uses and facilities.

(2)

In the case of residential development, the number of residential units proposed, their general location, number of stories, indicating those area's to be owner occupied and those to be renter occupied.

(3)

A preliminary vehicular and pedestrian circulation system including driveways, walkways, parking areas, and streets to be dedicated.

(4)

A system of open space and recreational uses, with estimates of acreage to be dedicated and that to be retained in common ownership.

(5)

A topographic map at an appropriate scale showing contour lines, including all existing building and wooded areas.

(d)

Preliminary statements indicating how the problems of maintenance and ownership of common facilities will be resolved.

(e)

Preliminary schedules of development, including the staging and phasing of:

(1)

Areas to be developed in order of priority; and

(2)

The construction of streets, utilities and other improvements necessary to serve the proposed development; and

(3)

The dedication of land to public use.

(f)

Each of the above elements shall be listed as to their relative order of improvement with an estimated time schedule for their accomplishment. It is, among other things, the intent of this requirement that the schedule of development be such that a staged implementation of the planned unit development would not result in land use conditions which would establish a precedent for the use of adjoining undeveloped property for purposes other than that shown on the approved planned unit development.

(g)

Application(s) for rezoning to PUD meeting all requirements of this section shall be referred by the economic and community development department to the planning and zoning board and town council for public hearing(s) and consideration of the application(s).

2.04.12.03.03

Action by the planning and zoning board and the Orange Park town council.

Following the public hearing as required for all applications for rezoning, the planning and zoning board may recommend and the town council may enact an ordinance establishing a PUD, including any special conditions related thereto, based upon findings that:

(a)

The proposed PUD does not affect adversely the orderly development of the town, as embodied in this article and in any comprehensive plan or portion thereof adopted by the town council.

(b)

The proposed PUD will not affect adversely the health and safety of residents in the area and will not be detrimental to the natural environment or to the use or development of adjacent properties or the general neighborhood.

(c)

The proposed PUD will accomplish the objectives and will meet the standards and performance criteria of section 2.04.12.05.

2.04.12.03.04

Deviations from ordinance creating PUD.

In order to facilitate minor adjustments to the plans approved as part of the ordinance creating a PUD, the planning and zoning board may approve changes in such plans which comply with the following criteria:

(a)

There are the same or fewer number of dwelling units and/or floor area; or

(b)

The open space is in the same general location and in the same general amount, or a greater amount; or

(c)

There is no change to any condition(s) set forth by the town council in the ordinance which approved the planned unit development district; or

(d)

The roads and drives follow approximately the same course; and have the same public or private rights therein.

2.04.12.03.05

Expiration of time limits provided in ordinance creating a PUD.

If development actions required by the ordinance creating a PUD are not taken within any time limits set by the town council in such ordinance, the approval of a PUD as provided in such ordinance shall become invalid and no further action shall be permitted under same.

2.04.12.04

Implementation of a PUD.

2.04.12.04.01

Development plan.

Following the enactment of an ordinance creating a PUD, a detailed development plan of all or part of the PUD shall be submitted to the planning and zoning board for review in accordance with the schedule of development, as contained in the ordinance, which shall include:

(a)

All materials, drawings, information, and other documentation, as required by the planning and zoning board in accordance with section 2.04.12.05 to certify substantial compliance with the PUD ordinance.

(b)

Agreements, contracts, deed restrictions and sureties acceptable to the Town of Orange Park for completion of such development according to plans approved in the ordinance, and for continuing operation and maintenance to such areas, functions and facilities as are not to be provided, operated, or maintained by the Town of Orange Park pursuant to written agreement.

2.04.12.04.02

Record plans.

If the PUD ordinance requires the recording of record plats, such plats shall accompany the submission of the development plan to the planning and zoning board and shall be included in its approval of such plan, and plats so approved shall be recorded, as provided by law.

2.04.12.04.03

Approval of development plan.

The planning and zoning board shall review the final development plan; and, if found in compliance with this article, the PUD ordinance and standards established pursuant to section 2.04.12.05 shall approve same and forward an approved copy thereof to the economic and community development department director.

2.04.12.04.04

Permits required.

All construction in the development of a PUD shall proceed only under applicable permits, issued by the economic and community development department director; and no building permit, certificate, or other document authorizing construction or occupancy within a PUD shall be issued, except in accordance with the approved development plan.

2.04.12.05

Standards and criteria for review.

In evaluation and consideration of an application for rezoning to the planned unit development district, the economic and community development department. Planning and zoning board and the town council shall evaluate and consider the following criteria in addition to the findings set forth in section 2.04.12.03.03:

(a)

Consistency with the comprehensive plan. No planned unit development may be approved unless it is consistent with the comprehensive plan.

(b)

Consistency with the concurrency management system. The established levels of service standards adopted in the comprehensive plan.

(c)

Internal compatibility. All land uses proposed within a proposed planned unit development should be compatible with other proposed uses and not have any undue adverse impact on any neighboring use. An evaluation of the internal compatibility of a proposed planned unit development shall be based on the following factors:

(1)

The streetscape;

(2)

The existence or absence of, and the location of, open spaces, plazas, recreational areas and common areas;

(3)

The use of existing and proposed landscaping;

(4)

Traffic and pedestrian circulation pattern;

(5)

Sidewalks, trails, and bikeways;

(6)

The use and variety of building setback lines, separations and buffering;

(7)

The use and variety of building groupings;

(8)

The particular land uses proposed and the conditions and limitations thereon;

(9)

The use and variety of building sizes and architectural styles;

(10)

The form of ownership proposed for various uses;

(11)

Compatible relationship between land uses in a mixed-use project; and

(12)

Any other factor deemed relevant to privacy, safety, preservation, protection or welfare of any use within the proposed planned unit development.

(d)

External compatibility. All land uses within a proposed planned unit development should be compatible with existing and planned uses of properties surrounding the proposed planned unit development and not have any avoidable or undue adverse impact on existing or planned surrounding uses. An evaluation of the external compatibility of a proposed planned unit development shall be based on the following factors:

(1)

Those areas of the proposed planned unit development located on or near its perimeter and the conditions and limitations thereon;

(2)

The type, number and location of surrounding external uses;

(3)

The comprehensive plan and existing zoning on surrounding lands;

(4)

Any other factor deemed relevant to the privacy, safety, preservation, protection or welfare of lands surrounding the proposed planned unit development which includes any existing or planned use of such lands.

(e)

Off-street parking including loading and unloading areas. Sufficient off-street parking, including loading and unloading areas for vehicles, including bicycles shall be provided.

2.04.12.05.01

Density of developments.

The total number of residential units shall not exceed the maximum density allowed in the designated future land use category. The development intensity for nonresidential uses shall not exceed the allowed intensity of the designated future land use category.

2.04.12.05.02

Open space.

The PUD may include residential lots of smaller size than would be permitted by the zoning regulations otherwise applicable to the site, provided the overall density is not increased. The excess land shall be utilized as open space. The open space area shall be recorded upon the final development plan of the PUD. The open space shall be utilized as a park, for either passive or active recreation or as a conservation area. The open space shall either be dedicated to the town of Orange Park or be maintained by a community association composed of residents of the PUD. Land recorded as open shall not be encroached upon by any residential, commercial or industrial primary or accessory use.

2.04.12.05.03

Waiver of yard, dwelling unit, frontage criteria, and use restriction.

Minimum yard, lot size, type of dwelling unit, height and frontage requirements and use restrictions are waived for the PUD, provided the spirit and intent of the zoning ordinance is complied with the total development of the PUD. However, the Orange Park town council may, at its discretion, require adherence to minimum zone requirements within certain portions of the site if deemed necessary in order to maintain the spirit and intent of the zoning ordinance.

2.04.12.05.04

Support legal documents for open space.

Legal documents which assure adequate management and maintenance of the open space area must be provided by the developer for all areas proposed for common ownership by the residents of the PUD. Legal instruments provided for dedications, covenants, community associations, and subdivision controls shall:

(a)

Place title of common property in a form of common ownership by the residents of the PUD e.g., a duly constituted and legally responsible community association, cooperative, etc.

(b)

Appropriately limit the use of common property.

(c)

Place responsibility for management and maintenance of common property. The Orange Park town council, at is discretion, may require the applicant to enter into a contract with Orange Park for maintenance of commonly held properties.

(d)

Place responsibility for enforcement of covenants.

(e)

Permit the subjection of each lot to assessment for its proportionate share of maintenance costs.

2.04.12.05.05

Access.

Access to each single-family dwelling unit shall be provided via either a public right-of-way or a private vehicular or pedestrian way owned by the individual lot owner in fee or in common ownership with the residents of the PUD.

2.04.12.05.06

Community facilities.

(a)

All utility facilities proposed for dedication to Orange Park must be acceptable by the town as to the size, shape, location, and shown by the applicant to be of benefit to the general public.

(b)

All requirements for off-street parking and loading (2.06.00) shall apply to the PUD unless otherwise waived or modified.

(c)

Access and circulation shall adequately provide for firefighting equipment, furniture moving vans, fuel trucks, refuse collection, deliveries and debris removal.

(d)

All PUDs shall provide for underground installation of utilities, including telephone, power and cable television in both public and private rights-of-way. Provisions shall be made for acceptable design and construction of storm sewer facilities including grading, gutters, piping and treatment of turf to handle storm waters, prevent erosion and formation of dust.

(e)

Specifications for street design shall conform to the rules and regulations adopted by the town of Orange Park.

2.04.13

Kingsley Avenue Character Overlay.

2.04.13.01

Applicability.

The Kingsley Avenue character overlay is superimposed upon all parcels of land lying between the railroad tracks and the western town limits abutting the Kingsley Avenue right-of-way. Any new building, additions, exterior alterations, signs, and landscaping shall adhere to these regulations; however, these Overlay regulations shall not affect existing buildings that are not proposed for new construction, exterior alterations, signs, landscaping, or changes. The requirements of this subsection shall apply to property within the overlay proposed for new development and exterior renovations hereafter undertaken.

2.04.13.02

Overlay regulations.

The following regulations shall be adhered to for all properties situated within the Kingsley character overlay. They shall supersede and govern the respective land use regulations prescribed by the underlying zoning district.

(a)

All buildings shall be single-story and shall not exceed a maximum building height of 35 feet. The maximum length of the side of a building parallel, or within 45 degrees of parallel, to Kingsley Avenue shall be 120 feet.

(b)

At least 75 percent of the required off-street parking spaces shall be located behind the primary building. Not more than 25 percent of the required off-street parking spaces may be located on the sides of the primary building. Rehabilitation and repair of existing parking areas in their present location shall be permitted without any relocation required. Parking garages shall not be permitted.

(c)

Pedestrian sidewalk access to Kingsley Avenue from all buildings shall be provided.

(d)

A minimum of 20 percent green space shall be provided on all parcels.

(e)

Landscaping shall be used to soften new development and redevelopment through the use of local indigenous plant materials and preserving existing mature trees, whenever possible.

(f)

All freestanding signs shall be monument signs and shall not exceed eight feet in height.

(g)

Colors shall complement with other buildings on the adjacent properties. The predominant colors for new buildings shall consist of earth tones. While the natural brick and stone colors should predominate, contrasting and complementary colors shall also be used to accent building components, highlight architectural elements and to help distinguish the overlay.

(h)

All new non-residential development and redevelopment shall locate utility connections underground.

(Ord. No. 16-16, § 1(Exh. A), 10-18-2016; Ord. No. 09-17, § 1A—1E, 10-3-2017; Ord. No. 16-18, § 1(Exh. A), 11-7-2018; Ord. No. 12-19, 1(Exh. A), 8-6-2019; Ord. No. 16-20, § 1(Exh. A), 10-20-2020; Ord. No. 02-24, § 1, 1-9-2024)