For the purpose of this chapter and for consistency with the city's comprehensive plan, the zoning districts as indicated in Table 9 are established.

(Ord. No. 17-2000, § 65, 7-20-00)

The regulations pertaining to each zoning district are established in this article. Additional use, area, height, setback, and other regulations applicable to uses in each zoning district are provided as supplementary district regulations in Article V. Other regulations applicable to various classes of uses in each zoning district are established in other sections of this chapter.

(Ord. No. 17-2000, § 66, 7-20-00)

(a)

Composition, intent, and compatibility of uses. The AR district is composed primarily of areas containing existing agricultural and residential uses on large lots. The district regulations are designed to protect the rural character of the area by allowing agricultural uses, as well as the lifestyle and quality of life of the residents. The AR district is intended to be rural in nature and, as such, shall be located outside the Urban Growth Boundary.

(b)

Permitted uses. Permitted uses are described in the chart in Table 21.

(c)

Property development regulations. Property development regulations, including building site area and width, lot coverage, required setbacks, height limits, etc., are provided in Table 10.

(Ord. No. 22, 2019, § 2, 2-6-20)

Editor's note— Ord. No. 22, 2019, § 2, adopted February 6, 2020, repealed § 78-133 and enacted a new § 78-133 to read as set out herein. Former § 78-133 pertained to the RR 10/20 Rural residential districts, which is now codified as § 78-133.2.

(a)

Composition, intent, and compatibility of uses. The AE district is to provide a transition between the agricultural and conservation areas and more urban residential communities and to create a residential environment wherein natural constraints applicable to development are recognized and protected in a manner compatible with the needs of residents. The AE district is intended to be rural in nature and, as such, shall be located outside the Urban Growth Boundary.

(b)

Permitted uses. Permitted uses are described in the chart in Table 21.

(c)

Property development regulations. Property development regulations, including building site area and width, lot coverage, required setbacks, height limits, etc., are provided in Table 10.

(Ord. No. 22, 2019, § 3, 2-6-20)

(a)

Composition, intent, and compatibility of uses. The RR 10/20 rural residential districts are composed primarily of areas containing low intensity development and are intended to direct more intense, compact growth in the eastern areas of the city and to prevent urban sprawl. The district regulations are designed to encourage limited agricultural uses to coexist with residential uses. Agricultural uses permitted within the districts must be compatible with the environmental characteristics and natural resources, as well as with the lifestyle and quality of life of the residents.

(b)

Permitted uses. Permitted uses are described in the chart in Table 21.

(c)

Property development regulations. Property development regulations, including building site area and width, lot coverage, required setbacks, height limits, etc., are provided in Table 10.

(Ord. No. 17-2000, § 67, 7-20-00Ord. No. 22, 2019, § 4, 2-6-20)

(a)

Composition and intent. The RE district is composed primarily of areas containing single-family dwellings on large lots and open areas where such residential development will occur at a very low density. The district regulations are designed to protect the residential character of the districts by prohibiting commercial activities, to encourage a suitable neighborhood environment for family life by including among the uses such facilities as schools and churches, and to preserve the openness of the districts by requiring certain minimum yard and area standards.

(b)

Permitted uses. Permitted uses are described in the chart in Table 21.

(c)

Property development regulations. Property development regulations, including building site area and width, lot coverage, required setbacks, height limits, etc., are provided in Table 10.

Table 9: Zoning Districts

(Ord. No. 17-2000, § 68, 7-20-00; Ord. No. 22, 2019, § 5, 2-6-20)

(a)

Composition and intent. The RL-1 residential low density district is composed primarily of areas containing single-family dwellings and open areas where such residential development seems likely to occur at a low density, consistent with the comprehensive plan. The district regulations are designed to protect the residential character of the districts by prohibiting commercial activities, to encourage a suitable neighborhood environment for family life by including among the uses such facilities as schools and churches, and to preserve the openness of the districts by requiring certain minimum yard and area standards.

(b)

Permitted uses. Permitted uses are described in the chart in Table 21.

(c)

Property development regulations. Property development regulations, including building site area and width, lot coverage, required setbacks, height limits, etc., are provided in Table 10.

(Ord. No. 17-2000, § 69, 7-20-00)

(a)

Composition and intent. The RL-2 residential low density district is composed primarily of areas containing single-family dwellings and open areas where such residential development seems likely to occur at a low density, consistent with the comprehensive plan. The district regulations are designed to protect the residential character of the districts by prohibiting commercial activities, to encourage a suitable neighborhood environment for family life by including among the uses such facilities as schools and churches, and to preserve the openness of the districts by requiring certain minimum yard and area standards.

(b)

Permitted uses. Permitted uses are described in the chart in Table 21.

(c)

Property development regulations. Property development regulations, including building site area and width, lot coverage, required setbacks, height limits, etc., are provided in Table 10.

(Ord. No. 17-2000, § 70, 7-20-00)

(a)

Composition and intent. The RL-3 residential low density district is composed primarily of areas containing single-family dwellings and open areas where such residential development will occur at a low density, consistent with the comprehensive plan. The district regulations are designed to protect the residential character of the districts by prohibiting commercial activities, to encourage a suitable neighborhood environment for family life by including among the uses such facilities as schools and churches, and to preserve the openness of the districts by requiring certain minimum yard and area standards.

(b)

Permitted uses. Permitted uses are described in the chart in Table 21.

(c)

Property development regulations. Property development regulations, including building site area and width, lot coverage, required setbacks, height limits, etc., are provided in Table 10.

(Ord. No. 17-2000, § 71, 7-20-00)

(a)

Composition and intent. The RM residential medium density district is composed primarily of areas containing single-family and two-family dwellings and open areas where such residential development seems likely to occur at a medium density, consistent with the comprehensive plan. The district regulations are designed to protect the residential character of the districts by prohibiting commercial activities, to encourage a suitable neighborhood environment for family life by including among the uses such facilities as schools and churches, and to preserve the openness of the districts by requiring certain minimum yard and area standards.

(b)

Permitted uses. Permitted uses are described in the chart in Table 21.

(c)

Property development regulations. Property development regulations, including building site area and width, lot coverage, required setbacks, height limits, etc., are provided in Table 10.

(Ord. No. 17-2000, § 72, 7-20-00)

(a)

Composition and intent. The RH residential high density district is composed mainly of areas of high density and mid-rise buildings primarily for multifamily uses located in close proximity to major commercial, service and/or employment centers consistent with the comprehensive plan. These districts may also contain public or semipublic uses to support high density residential development.

(b)

Permitted uses. Permitted uses are described in the chart in Table 21.

(c)

Property development regulations. Property development regulations, including building site area and width, lot coverage, required setbacks, height limits, etc., are provided in Table 10.

(Ord. No. 17-2000, § 73, 7-20-00)

(a)

Composition and intent. The RMH residential mobile home district is composed of areas containing mobile home dwelling sites and designed to accommodate mobile homes for permanent duration, as well as other uses compatible with mobile homes. Such areas shall be suitable for residential purposes, and commercial, office, or other nonresidential uses are prohibited. These districts encourage a suitable living environment for family life, including the preservation of natural areas, provisions of common open areas and requiring minimum yard and lot area standards. The district regulations are designed to encourage and comply with the tie down and foundation requirements of this section.

(b)

Permitted uses. Permitted uses are described in the chart in Table 21.

(c)

Property development regulations. Property development regulations, including building site area and width, lot coverage, required setbacks, height limits, etc., are provided in Table 10.

(d)

Expansion. Requests to establish new or expanded mobile home parks shall be a conditional use, subject to review as provided in division 1 of article III.

(e)

General requirements. Additional requirements applicable to existing, expanded, or new mobile home parks are provided below.

(1)

Sanitation, fire protection, and utility services. Sanitation, fire protection, and utility services shall be provided to every mobile home dwelling in accordance with state, county, and city health and safety requirements.

(2)

Foundations and tie downs. Every mobile home dwelling shall be equipped with a foundation and tie downs intended to secure such units against movement, settling, or overturning. Foundations and tie downs shall meet the requirements of the city's building code. A certificate of occupancy shall not be issued until a mobile home complies with the tie down and foundation requirements contained herein.

(3)

Site plan. A site plan of the mobile home park layout, including any proposed phasing of development shall be provided by the applicant, consistent with the requirements of division 1 of article III. In addition to the requirements of that division, the site plan shall contain the information listed below.

a.

The area and dimensions of the tract of land being developed.

b.

The number, location and size of all mobile home lots.

c.

A detailed drawing of the foundation for the placement of the mobile home.

d.

The location and width of roadways, driveways and walkways.

e.

The number, location and size of all off-street parking spaces.

f.

The location and details of materials and construction of all walls, fences, hedges, and all landscaping to be provided.

g.

The location of all utilities.

h.

The size and location of playground areas within the mobile home park.

(4)

Utilities. All mobile home parks shall be connected to central water and sewer treatment systems.

(5)

Minimum size. Each mobile home park site shall have a minimum of 25 acres.

(6)

Minimum setbacks. The following minimum building setbacks shall be required from the external boundaries of the park:

a.

Front: 40 feet.

b.

Side: 25 feet.

c.

Rear: 25 feet.

Additional setback requirements are established in Table 10.

(7)

Location. Not more than one mobile home dwelling shall be permitted on a single lot.

(8)

Rights-of-way and easements. Streets and driveways, drainage, utility, and other easements shall comply with the specifications of the city as contained in this chapter.

(9)

Paving and drainage. Paving and drainage shall comply with applicable city standards.

(10)

Screening. The area between mobile homes and the ground shall be screened utilizing landscaping, skirting or similar materials.

(11)

Recreation. At a minimum, each mobile home park shall be provided with a park and recreational area having a minimum area of 150 square feet for each mobile home space.

(12)

Administrative space. Each mobile home park shall be provided with a management office and such maintenance and service buildings as are necessary to provide facilities for mail distribution, storage space for supplies, maintenance and materials and equipment and laundry facilities.

(13)

Screening and buffering. Screening and buffering on all sides of a mobile home park abutting other residential zoning districts shall be provided as required in division 7 of article V.

(14)

Accessory dwelling unit. A single-family dwelling may be constructed within a mobile home park when used for security or management personnel. Such single-family homes must meet the minimum yard requirements of the RL-3 zoning district.

(15)

Minimum street standards. Construction standards for all streets shall comply with applicable city requirements. Minimum paving width, unless otherwise required by the city engineer, for streets shall be as follows:

a.

Two-way street with guest parking permitted both sides, 36 feet;

b.

Two-way street with guest parking permitted one side only, 28 feet;

c.

Two-way street with no parking permitted, 20 feet;

d.

One-way street with guest parking permitted both sides, 30 feet;

e.

One-way street with guest parking permitted one side only, 22 feet; and

f.

One-way street with no parking permitted, 14 feet.

(16)

Entrance. The mobile home park entrance shall be at least 25 feet wide. Parking within the entrance is prohibited.

(Ord. No. 17-2000, § 74, 7-20-00)

Table 10: Property Development Regulations—Residential Zoning Districts

Notes:

(1)

SFD= Single-family Dwelling.

(2)

Lot width measured from front building setback line.

(3)

Density is two units per acre in the density reduction land use overlay district for RL-1, RL-2, and RL-3 zoning districts.

(4)

Side yard setback is the number of feet indicated or 10 percent of lot width, whichever is greater. This note shall not apply to the AR and AE zoning districts.

(5)

Minimum of 7,500 square feet for the first two-family unit, and a minimum of 5,150 square feet for each additional unit.

(6)

Minimum of 90 feet for single-family dwelling, minimum of 100 feet for any multifamily dwelling.

(7)

Minimum of 7,500 square feet for the first dwelling unit, and a minimum of 3,278 square feet for each additional unit.

(8)

Thirty feet plus one foot for each foot of building height greater than 36 feet.

(9)

Twenty feet plus one foot for each foot of building height greater than 36 feet.

(10)

Forty feet for a mobile home, 80 feet for any other permitted use.

(11)

For additional height associated with a workforce housing density bonus, see section 78-59, Table 4A. Such developments shall be subject to compatibility standards as set forth in section 78-59.

(Ord. No. 17-2000, § 75, 7-20-00; Ord. No. 11, 2013, § 2, 9-10-13; Ord. No. 22, 2019, § 2, 2-6-20; Ord. No. 4, 2023, § 4, 6-1-23)

(a)

Composition and intent. The P/I public and institutional district is composed of areas containing public and institutional facilities, such as schools, universities, hospitals, and government offices, and parks and open spaces, such as public parks and recreation complexes.

(b)

Permitted uses. Permitted uses are described in the chart in Table 21.

(c)

Property development regulations. Property development regulations, including building site area and width, lot coverage, required setbacks, height limits, etc., are provided in Table 11.

(Ord. No. 17-2000, § 76, 7-20-00; Ord. No. 6, 2022, § 6, 7-14-22)

(a)

Composition and intent. The CONS conservation district is composed of environmentally sensitive or environmentally significant areas that should be preserved or developed in a manner that is responsive to on-site environmental constraints. Development is very limited and is permitted at a very low density, including certain select residential and recreational uses, while still conserving the environment and natural features within the area.

(b)

Permitted uses. Permitted uses are described in the chart in Table 21.

(c)

Property development regulations. Property development regulations, including building site area and width, lot coverage, required yards and setbacks, height limits, etc., are provided in Table 11.

(Ord. No. 17-2000, § 77, 7-20-00)

Table 11: Property Development Regulations—Conservation and Institutional Districts

Notes:

(1)

Lot width measured from front building setback line.

(Ord. No. 17-2000, § 78, 7-20-00; Ord. No. 11, 2013, § 3, 9-10-13; Ord. No. 7, 2017, § 6, 3-2-17)

(a)

Composition and intent. The PO professional and office district is intended to provide suitable space for professional offices. It is intended that these districts are used as a transition between more intensive commercial uses and residential development. These districts are designed to protect the abutting and surrounding residential areas by requiring certain minimum yard and area standards as described in this section be met.

(b)

Permitted uses. Permitted uses are described in the chart in Table 21.

(c)

Property development regulations. Property development regulations, including building site area and width, lot coverage, required setbacks, height limits, etc., are provided in Table 12.

(Ord. No. 17-2000, § 79, 7-20-00)

(a)

Composition and intent. The CN neighborhood commercial district is composed of land and structures occupied by or suitable for uses furnishing retail goods and services to satisfy the daily household needs of the surrounding residential neighborhoods consistent with the comprehensive plan. These districts shall locate on a collector or near the intersection of two collectors and shall be small and conveniently located for most of the adjacent residential areas. The district regulations are designed to permit the development of the districts and to protect the surrounding residential areas by requiring that certain minimum standards comparable to those called for in the residence districts.

(b)

Permitted uses. Permitted uses are described in the chart in Table 21.

(c)

Property development regulations. Property development regulations, including building site area and width, lot coverage, required setbacks, height limits, etc., are provided in Table 12.

(Ord. No. 17-2000, § 80, 7-20-00)

(a)

Composition and intent. The CG-1 general commercial district provides both the retail goods and services supplied by the neighborhood business districts and the wider range of retail goods and services required by residents or a group of neighborhoods. This district is not intended to be suited for outdoor sales activities. The district shall be primarily oriented to intersections of major thoroughfares within the city. To protect the abutting and surrounding residential areas, only certain uses shall be permitted as provided in this article.

(b)

Permitted uses. Permitted uses are described in the chart in Table 21.

(c)

Property development regulations. Property development regulations, including building site area and width, lot coverage, required setbacks, height limits, etc., are provided in Table 12.

(d)

General requirements.

(1)

Enclosed activities. Sales, display, retail and business activities, and storage shall be conducted within a completely-enclosed building. Not more than 30 percent of gross floor shall be utilized for storage of goods and merchandise.

(2)

Retail sales. Establishments allowed as permitted or conditional uses shall sell products only at retail.

(Ord. No. 17-2000, § 81, 7-20-00; Ord. No. 7, 2017, § 7, 3-2-17)

(a)

Composition and intent. The CG-2 intensive commercial district is composed of land and structures occupied by or suitable for intensive commercial uses primarily oriented to major arterial roadways. These districts permit uses more intensive than those permitted in neighborhood and general commercial districts and are intended to serve a larger area. To protect the abutting and surrounding lower density uses, certain restrictions are placed on uses.

(b)

Permitted uses. Permitted uses are described in the chart in Table 21.

(c)

Property development regulations. Property development regulations, including building site area and width, lot coverage, required setbacks, height limits, etc., are provided in Table 12.

(Ord. No. 17-2000, § 82, 7-20-00)

(a)

Composition and intent. The CR zoning district consists of land and structures to be utilized for commercial recreation facilities, transient lodging, and public or private cultural facilities, designed to be compatible with adjacent residential uses.

(b)

Permitted uses. Permitted uses are described in the chart in Table 21.

(c)

Property development regulations. Property development regulations, including building site area and width, lot coverage, required setbacks, height limits, etc., are provided in Table 12.

(Ord. No. 17-2000, § 83, 7-20-00)

(a)

Composition and intent. The M-1 research and light industrial park district is composed of land and structures suitable for light manufacturing, research and educational facilities, wholesaling, and similar uses, developed in a planned park-like development, and compatible with adjacent residential and nonresidential uses.

(b)

Permitted uses. Permitted uses are described in the chart in Table 21.

(c)

Property development regulations. Property development regulations, including building site area and width, lot coverage, required setbacks, height limits, etc., are provided in Table 12.

(d)

District boundary setbacks. The minimum setback for principal and accessory structures abutting a residential district shall be 75 feet.

(e)

General requirements. Retail sales and consumer service establishments are allowed as accessory uses to any permitted or conditional use. However, the commercial uses shall not occupy more than five percent of the gross floor area of all buildings on any lot or group of contiguous lots in common ownership or approved as part of one development order approval.

(Ord. No. 17-2000, § 84, 7-20-00)

(a)

Composition and intent. The M-1A light industrial district is composed of land and structures suitable for light manufacturing, wholesaling, and similar uses. These districts shall have convenient access to present and future arterial roadways, highways, and railway lines. These districts are usually separated from residential areas by business districts or by natural barriers. The district should be buffered from adjacent residential and nonresidential uses through the use of opaque walls, landscaping, berms, or any combination of such techniques.

(b)

Permitted uses. Permitted uses are described in the chart in Table 21.

(c)

Property development regulations. Property development regulations, including building site area and width, lot coverage, required setbacks, height limits, etc., are provided in Table 12.

(d)

District setbacks. The minimum setback for principal and accessory structures abutting a residential district shall be 75 feet.

(Ord. No. 17-2000, § 85, 7-20-00)

(a)

Composition and intent. The M-2 heavy industrial district is composed of land and structures occupied by or suitable for heavy manufacturing and related activities. Located for convenient access to present and future arterial roadways and railway lines, these districts are usually separated from residential areas by business districts or natural barriers. The district should be buffered from adjacent residential and nonresidential uses through the use of opaque walls, landscaping, berms, or any combination of such techniques.

(b)

Permitted uses. Permitted uses are described in the chart in Table 21.

(c)

Property development regulations. Property development regulations, including building site area and width, lot coverage, required setbacks, height limits, etc., are provided in Table 12.

(d)

District setbacks. The minimum setback for principal and accessory structures abutting a residential district shall be 75 feet.

(Ord. No. 17-2000, § 86, 7-20-00)

Table 12: Property Development Regulations—Nonresidential Zoning Districts

Notes:

(1)

Lot width measured at the front building setback line.

(2)

Fifteen feet; 27 feet above 36 feet.

(3)

One acre minimum and three acre maximum.

(4)

Setback is the total of number of feet indicated plus one foot for each foot of height over 36 feet.

(5)

Additional perimeter or boundary setback of 75 feet required when abutting a residential zoning district.

(Ord. No. 17-2000, § 87, 7-20-00; Ord. No. 11, 2013, § 4, 9-10-13)

(a)

Purpose and intent. The PUD planned unit development overlay district is established to permit and encourage more efficient and creative development or redevelopment of property; to encourage an economical and efficient arrangement of buildings; to provide maximum opportunity for application of innovative concepts of development in the creation of aesthetically-pleasing living, shopping and working environments on properties of adequate size, shape and location; to preserve the natural amenities and environmental assets of the land by encouraging the preservation and improvement of scenic and functional open areas; to provide architectural and design features which are aesthetically pleasing and supportive of an enhanced quality of life; provide one or more specifically-identifiable benefits to city residents; and to ensure that development occurs according to limitations of use, design, density, coverage, and planning as stipulated in an approved development plan. The PUD district is a flexible zoning district which is intended to provide an appropriate balance between the intensity of development and the ability to provide adequate capacity within the support service and facilities.

(b)

Land use. A PUD may be considered residential, commercial, professional office, industrial, or mixed use, dependent upon the underlying future land use plan designation.

(c)

Zoning. Property shall be rezoned to both an underlying zoning district and a planned unit development overlay district. The underlying zoning district designation shall be consistent with the comprehensive plan. The PUD shall be developed consistent with the uses, property development regulations, and other standards applicable to the underlying zoning district. However, the city council may, as part of an overall PUD development order, establish use, property development, and similar regulations for a specific PUD. In that event, the requirements of the development order shall prevail over the underlying zoning district designation.

(d)

PGA Boulevard. All development along the PGA Boulevard corridor shall be rezoned to PUD or PCD, consistent with the PGA Boulevard corridor overlay zone of division 2 of article V.

(e)

Permitted uses. Unless otherwise established by a PUD development order, the uses permitted in the PUD district shall be governed by the uses permitted in the underlying zoning district.

(f)

Unified control. All land included within a PCD or PUD shall be owned or under the control of the applicant. The applicant shall document unified control of the entire area within the proposed PUD. The applicant shall agree that the PUD will be developed in accordance with the master development plan approved by the city.

(g)

Density. The density permitted in a PUD district shall not exceed the allowable density permitted in the comprehensive plan. Residential densities permitted in a PUD shall comply with the standards provided below.

(1)

Residential PUD. Residential PUDs may comprise a mixture of residential dwelling unit types, limited to the maximum density set forth in Table 13, notwithstanding additional density bonuses as applicable in other sections of this code. The city council may approve the following bonus densities for areas developed as PUDs, as indicated in Table 13.

Table 13: PUD Residential Density Limits

Note: (1) Density categories as established by comprehensive plan.

(2)

Density bonus. See section 78-59.

(3)

Commercial development in residential PUDs.

a.

Limit. Not more than three percent of the gross land area of a residential PUD may be developed for development-serving commercial or office uses. Uses in residential PUD commercial areas shall be same as the permitted or conditional uses in the CN zoning district.

b.

Building permits. Building permits shall not be issued for construction of any portion of a commercial structure in a residential PUD until at least 25 percent of the total number of dwelling units within the PUD are under construction. An applicant may request a waiver to reduce the required threshold for dwelling units under construction.

c.

Location. Commercial development in residential PUDs shall be constructed in one or more locations that optimize availability to residents of the PUD. Commercial developments within a PUD shall be designated on the PUD master plan. The location of the commercial development is subject to the overall standards listed below.

1.

The size, intensity, and proposed uses within the proposed commercial development are appropriate as PUD-serving uses, and are not of a nature requiring a larger market area.

2.

The proposed commercial development may contain civic uses of a PUD-serving nature, including postal services, meeting facilities, recreation facilities, and administrative offices.

3.

The proposed commercial development site is not accessible from any public or private roads abutting the PUD.

4.

The proposed commercial development site is generally located at the center of a project.

5.

The proposed commercial development site is not visible from any public roads abutting the PUD.

6.

The proposed commercial development site is located approximately equidistant from dwellings to be located at the perimeter of the PUD.

7.

The proposed commercial development site is located at the intersection of two or more neighborhood collector or neighborhood-serving roads.

8.

The proposed commercial development site will not be advertised in any fashion on abutting public roads.

9.

The applicant may be required to provide a market study to demonstrate the restricted nature of the market area.

(4)

Mixed use PUD.

a.

Establishment. Planned unit developments with an underlying mixed use future land use plan designation or more than one underlying future land use plan designation may be approved by the city council. Mixed use PUDs shall include a minimum of three types of land uses and shall be planned for a diversification of uses, structures, and open spaces in a manner compatible with surrounding land uses and development patterns. A single use shall not occupy more than 60 percent of the site area proposed for a mixed use PUD.

b.

Specific requirements. Requirements applicable to mixed use PUDs are established in section 78-157.

c.

Density bonus. See section 78-59.

(5)

Commercial recreation PUD. A PUD with an underlying commercial recreation future land use designation may be designed to accommodate major public and private commercial recreation facilities that meet a portion of the recreational need of residents and tourists. Uses permitted within this category include golf courses, outdoor and indoor recreational facilities such as tennis clubs, amusement and sports centers, outdoor amphitheaters, and outdoor wildlife attractions.

(6)

PGA Boulevard. Consistent with the PGA Boulevard planning and design regulations, all development along the PGA Boulevard corridor shall be restricted to promote and preserve the character of the corridor. The uses prohibited in the PGA Boulevard corridor overlay, as provided in division 2 of article V may not be waived by the City Council.

(7)

Development area. Minimum development sizes for PUDs are established in Table 14.

Table 14: Minimum PUD Development Size

Note:

(1)

Minimum arterial roadway frontage of 500 feet required.

(8)

Building site size. There are no minimum building site size requirements for each individual structure proposed within the PUD development plan. However, open space shall be provided around each building to provide adequately for light, air, and proper relationship of the building to the site consistent with the level of service standards and policies set out in the comprehensive plan.

(9)

Building lot coverage. The maximum building lot coverage shall conform to the approved final PUD development plan.

(10)

Building height limit. The maximum building height in a PUD shall be established in the development order approved by the city council. Final determination of maximum building height shall consider the following:

a.

the proposed uses of the structure;

b.

the bulk, mass, and context of adjacent structures or proposed structures;

c.

the compatibility with adjacent existing or proposed uses;

d.

the relationship to the adjoining uses and the surrounding development; and

e.

the provision of open space in the proposed PUD.

(11)

Setbacks required. The city council may impose appropriate setbacks along the perimeters of PUDs as a means to buffer the adjacent land uses. However, a setback shall be at least 20 feet for PUDs proposing commercial and industrial uses adjacent to lower intensity land uses such as, but not limited to, conservation, residential, recreational, and institutional uses.

a.

Open space requirements. All residential and nonresidential PUDs shall provide, at a minimum, the open space required below.

1.

Residential PUDs: Forty percent of gross land area. The open space requirement for residential PUDs may be reduced to a minimum of 35 percent by the city council. The reduction may occur if at least 50 percent of the required open space consists of environmentally sensitive preserve areas or common open space; and

2.

Nonresidential PUDs: Fifteen percent of gross land area. The amount of required open space in a nonresidential PUD may be increased to a maximum of 25 percent, subject to the environmentally sensitive lands preservation requirements of division 4 of article V.

(12)

Mixed use open space. The open space requirements of this section shall apply to the various parcels within a mixed use PUD. However, a minimum of 15 percent of gross land area shall be retained as open space within a mixed use PUD.

(13)

Open space determination. Open space shall be provided consistent with the requirements of section 78-314.

(14)

Waivers. A development order application for a PUD may request one or more waivers from the standards applicable to the underlying zoning district, subject to the provisions of section 78-158.

(h)

Storage areas. The city council may allow PUDs to identify on the master PUD site plan a parcel or area to be established for residents to store boats, recreational vehicles, trucks, or similar items that normally cannot be parked or stored at a residence.

(1)

Storage areas shall be screened with an opaque barrier consisting of fences, walls, berms, landscaping, or any combination thereof. The screening shall be at least six feet in height, and shall be consistent with the landscaping and architectural theme for the PUD.

(2)

The PUD shall be at least 50 acres in size.

(3)

At least one storage space per ten units shall be provided.

(i)

Communication towers. Any PUD of 50 acres or more may, if so approved by the city council, allow for a potential communication tower site, to be identified on the master development plan of the PUD. The tower site shall comply with the standards listed below.

(1)

The boundaries of a tower site shall be clearly shown on a master site plan depicting all boundary lines for such site and must be at least 10,000 square feet, with minimum dimensions of 100 feet by 100 feet for PUDs. The closest boundary line of a tower site in a residential PUD to the closest boundary line of the nearest residential lot or recreational parcel shall be no less than 500 feet.

(2)

All towers shall be considered an accessory use in the PUD, and shall be required to meet all requirements for "wireless telecommunication facilities" set forth in section 78-159 of the Land Development Regulations.

(3)

In a PUD with mixed residential and nonresidential uses, a building at least 40 feet in height may substitute as a tower site upon which a telecommunications tower may be placed.

(4)

The city council may waive or modify certain requirements for wireless telecommunication facilities, consistent with the provisions of section 78-158 of the Land Development Regulations.

(5)

All obsolete or unused communication tower facilities shall be removed by the property owners' association (P.O.A.) of the PUD within six months of cessation of use.

(6)

An application for approval to construct and/or operate a tower on a tower site shall show the location of the proposed placement of the tower site and, once approved by city council, such placement may not thereafter be changed without the prior approval by the city council.

(Ord. No. 17-2000, § 88, 7-20-00; Ord. No. 8-2003, § 2, 6-5-03; Ord. No. 16, 2014, § 2, 11-6-14; Ord. No. 9, 2019, § 1, 8-1-19; Ord. No. 4, 2023, § 5, 6-1-23; Ord. No. 5, 2024, § 7, 7-11-24)

(a)

Composition and intent. The PCD overlay district is composed of large tracts of land which are planned to function as a relatively self-contained and identifiable district, section, or neighborhood community of the city. It is the intent of the district regulations to encourage ingenuity and imagination in the planning and development or redevelopment of suitable tracts of land large enough to accommodate the various uses and activities associated with a planned community and to permit a large area to be developed under one master plan that includes a mix of land use types at different levels of intensity. The PCD overlay district also is intended to encourage the use of architectural and design features which are aesthetically pleasing and supportive of an enhanced quality of life. The PCD overlay district also is intended for development to occur in a manner that provides one or more specifically identifiable benefits to city residents.

(b)

Land use. A PCD may be considered for residential, commercial, professional office, or industrial use, dependent upon the underlying future land use designation.

(c)

Zoning. Property shall be rezoned to a single underlying zoning district and a planned community district overlay district. The underlying zoning district designation shall be consistent with the comprehensive plan. The PCD shall be developed consistent with the uses, property development regulations, and other standards applicable to the underlying zoning district. However, the city council may, as part of an overall PCD development order, establish use, property development, and similar regulations for a specific PCD. In that event, the requirements of the development order shall prevail over the requirements of the underlying zoning district designation. In the event the proposed development of a site within a PCD is not consistent with or comparable to the nature of the underlying zoning district, such as the commercial portion of a residential PCD, the procedure outlined below shall apply.

(1)

Application. The application for site plan approval shall include the following:

a.

The zoning district most comparable to the proposed site development; and

b.

Waivers necessary to implement the site plan, based upon the most comparable zoning district.

(2)

Growth management director. The growth management director shall determine the zoning district to be utilized for comparison purposes. The determination shall include the factors listed below.

a.

The zoning district most comparable to the proposed project, in order to reduce the number of waivers that may be necessary for overall site development.

b.

The zoning district most comparable to the overall residential density or nonresidential intensity of the proposed development.

c.

The zoning district with the property development regulations that are most comparable to the proposed project.

(3)

Waivers. The determination of the most comparable zoning district by the growth management director may include any additional waivers identified by the city staff that may be necessary for project approval.

(d)

Phased development. Based upon an approved master development plan, the district may be developed in phases, pursuant to the site plan review procedures set out in this chapter and consistent with the approved master development plan.

(e)

Permitted uses. Unless otherwise established by a PCD development order, the uses permitted in the PCD district shall be governed by the uses permitted in the underlying zoning district. The density permitted in a PCD shall not exceed the allowable density permitted in the comprehensive plan, based upon the standards listed below.

(1)

Residential. Some mixtures of residential types of dwelling units are permitted and encouraged, limited to the maximum density set forth in Table 13, notwithstanding additional density bonuses as applicable in other sections of this Code. The city council may approve the following bonus densities for areas developed as PCDs, as indicated in Table 15.

Table 15: Maximum Residential Density in PCDs

Note: (1) Density categories as established by comprehensive plan.

(2)

Conditional uses. Unless otherwise limited by a development order, all conditional uses within a PCD shall be allowed pursuant to the conditional use regulations of section 78-43. Site plan development of a conditional use within a PCD shall be subject to the requirements of section 78-48.

(f)

Preservation of native ecological habitats in RH districts. In addition to the requirements of division 4 of article V, PCDs with an underlying future land use designation of RH may have densities permitted up to 15.0 units per gross acre if large contiguous areas of native ecological habitats are preserved. These preserve areas exceed any minimum preservation and open space areas provided in accordance with standard PCD requirements.

(g)

Density bonus. See section 78-59.

(h)

Commercial and industrial uses in residential districts. A PCD with an underlying residential future land use plan designation may include up to three percent of the gross land of a residential planned community district for commercial or office use, and up to two percent for industrial use. Uses permitted in such areas shall be established within the development order approved by the city council.

(i)

Preservation of native ecological habitats for commercial uses. Up to five percent of the gross land area of a residential PCD may be developed for commercial or office use if at least ten percent of the total area of native ecological habitats is preserved. This preservation area shall be in addition to preserve areas required by division 4 of article V.

(j)

Mixed use PCD.

(1)

Mixed uses. PCDs with an underlying mixed use future land use plan designation may be approved by the city council. Mixed use PCDs shall include a minimum of three types of land uses and shall be planned for a diversification of uses, structures, and open spaces in a manner compatible with surrounding land uses and development patterns. A single use shall not occupy more than 60 percent of the site area proposed for a mixed use PCD.

(2)

Specific requirements. Requirements applicable to mixed use PCDs are established in section 78-157.

(k)

Commercial recreation PCD. PCDs with an underlying commercial recreation future land use plan designation shall be designed to accommodate major public and private commercial recreation facilities. Uses permitted within this category include golf courses; outdoor and indoor recreational facilities such as tennis clubs, amusement and sport centers; outdoor amphitheaters; and outdoor wildlife attractions. Rural residential uses at a density of one dwelling unit per ten acres are also permitted within this category.

(l)

PGA Boulevard corridor. Consistent with the PGA Boulevard planning and design regulations, all development along the PGA Boulevard corridor shall be restricted to promote and preserve the character of the corridor. The uses prohibited in the PGA Boulevard corridor overlay, as provided in division 2 of article V may not be waived by the city council.

(m)

Development area. Minimum development sizes for PCDs are established in Table 16.

Table 16: Minimum PCD Development Size

Note:

(1)

Minimum arterial roadway frontage of 500 feet required.

(n)

Unified control.

(1)

All land included within a PCD shall be owned or under the control of the applicant. The applicant shall document unified control of the entire area within the proposed PCD. The applicant shall agree that the PCD will be developed in accordance with the master development plan approved by the city.

or

(2)

If the PCD is part of an approved development of regional impact (DRI), the unified control shall not be required for any modifications to the approved DRI/PCD, including any modification that adds property to the PCD as long as the property is contained within the DRI, if sufficient guarantees for adequate operation and maintenance of common facilities in the modification area are provided to the satisfaction of the growth management director.

(o)

Open space requirements. At a minimum, PCDs shall provide for and maintain the open space indicated below.

(1)

Community serving. Community-serving open space uses shall be not less than 20 percent of the total area of the PCD.

(2)

Residential components. A minimum of 35 percent of the total land area of each residential component in a PCD shall be maintained as open space.

(3)

Nonresidential components. A minimum of ten percent of the total land area of each nonresidential component in a PCD shall be maintained as open space.

(4)

Mixed uses. Open space uses in those components of a PCD which contain both residential and nonresidential uses shall be at least 20 percent of the total area of such components.

(5)

Adjacent open space. Any open space located adjacent to a residential or nonresidential use component within a PCD may, at the discretion of the city council, be credited toward the open space requirements of adjacent residential or nonresidential components.

(p)

Open space determination. Open space shall be provided consistent with the requirements of section 78-314.

(q)

Waivers. A development order application for a PCD may request one or more waivers from the standards applicable to the underlying zoning district, subject to the provisions of section 78-158.

(r)

Storage areas. The city commission may allow PCDs to identify on the master development plan a parcel or area to be established for residents to store boats, recreational vehicles, trucks, or similar items that normally cannot be parked or stored at a residence. Storage areas shall comply with the standards listed below.

(1)

Storage areas shall be screened with an opaque barrier consisting of fences, walls, berms, landscaping, or any combination thereof. The screening shall be at least six feet in height, and shall be consistent with the landscaping and architectural theme for the PCD.

(2)

The PCD shall be at least 50 acres in size.

(3)

At least one storage space per ten units shall be provided.

(s)

Communication towers. Any PCD of 50 acres or more may, if so approved by the city council, allow for a potential communication tower site, to be identified on the master development plan of the PCD. The tower site shall comply with the standards listed below.

(1)

The boundaries of a tower site shall be clearly shown on a master site plan depicting all boundary lines for such site and must be at least 10,000 square feet, with minimum dimensions of 100 feet by 100 feet for PCDs. The closest boundary line of a tower site in a residential PCD to the closest boundary line of the nearest residential lot or recreational parcel shall be no less than 500 feet.

(2)

All towers shall be considered an accessory use in the PCD, and shall be required to meet all requirements for "wireless telecommunication facilities" set forth in section 78-159 of the Land Development Regulations.

(3)

In a PCD with mixed residential and nonresidential uses, a building at least 40 feet in height may substitute as a tower site upon which a telecommunications tower may be placed.

(4)

The city council may waive or modify certain requirements for wireless telecommunication facilities, consistent with the provisions of section 78-158 of the Land Development Regulations.

(5)

All obsolete or unused communication tower facilities shall be removed by the property owners' association (P.O.A.) of the PCD within six months of cessation of use.

(6)

An application for approval to construct and/or operate a tower on a tower site shall show the location of the proposed placement of the tower site and, once approved by city council, such placement may not thereafter be changed without the prior approval by the city council.

(Ord. No. 17-2000, § 89, 7-20-00; Ord. No. 8-2003, § 3, 6-5-03; Ord. No. 3, 2005, § 3, 7-21-05; Ord. No. 31, 2009, § 3, 10-15-09; Ord. No. 4, 2023, § 6, 6-1-23; Ord. No. 5, 2024, § 8, 7-11-24)

(a)

Composition and intent. The PDA district is composed of large tracts of land that are established as a holding zone until an application for development order approval is submitted. Consistent with comprehensive plan policy 1.1.5.4, PDA zoning districts shall be developed in an urban or rural fashion, consistent with the city's urban growth boundary.

(b)

Permitted uses. Permitted uses are described in the chart in Table 21.

(c)

Property development regulations. Property development regulations, including building site area and width, lot coverage, required setbacks, height limits, etc., are provided in Table 17.

Table 17: Property Development Regulations - PDA District

Note:

(1)

Lot width measured from front building setback line.

(d)

Existing dwellings. Single-family dwellings existing on a parcel of less than ten acres which is zoned or rezoned to the PDA district shall not be considered a nonconforming use as long as the dwelling is used for residential purposes or other purposes consistent with the requirements of the zoning district.

(e)

Density. Not more than one dwelling unit per ten acres.

(Ord. No. 17-2000, § 90, 7-20-00)

(a)

Purpose and intent. The purpose and intent of the mixed use district (MXD) are to encourage infill and redevelopment opportunities through the vertical and horizontal integration of complementary residential and nonresidential uses to achieve the following:

(1)

Provide a sense of place;

(2)

Provide and encourage workforce and/or affordable housing, as specified in section 78-59;

(3)

Establish a roadway network that disperses traffic, provides pedestrian amenities, and supports a sense of community;

(4)

Establish an overall architectural design;

(5)

Limit urban sprawl;

(6)

Utilize existing public resources such as central utility and drainage systems, roads, and similar public services;

(7)

Provide or enhance pedestrian- and bicycle-oriented amenities;

(8)

Encourage preservation of environmentally sensitive sites;

(9)

Reduce overall number of vehicle trips;

(10)

Provide neighborhood- and community-serving commercial uses and employment opportunities;

(11)

Utilize proper site planning techniques to allow mixed uses to congregate; and

(12)

Utilize a comprehensive approach to planning and development of large sites.

(b)

Reserved.

(c)

Land use. In order to implement a MXD zoning designation, a minimum of two future land use plan categories must be utilized. Unless waived by the city council pursuant to this section, at least one of the implementing land use categories must be residential. A single land use category shall not comprise more than 60 percent of the gross land area of a MXD.

(d)

Rezoning. Rezoning to a PUD or PCD overlay district is required.

(e)

MXD general development standards. Unless waived by the city council pursuant to this section or unless the city council has adopted design guidelines in accordance with [sub]section 78-155(c), the following standards shall apply to all MXD PCD/PUDs.

(1)

Development. All development in the MXD district shall be as a PUD or PCD.

(2)

Pedestrian orientation. The individual uses, buildings, and development pods within MXD developments shall provide the following:

a.

Interconnecting pedestrian ways, plazas, trails, etc.;

b.

Pedestrian connections to the city's parkway system;

c.

Internalized pedestrian connections between residential and nonresidential land uses; and

d.

Multi-modal transportation accesses.

(3)

Frontage. At least one portion of the perimeter of any MXD shall be located on an arterial road as defined by the city's comprehensive plan.

(4)

Permitted and conditional uses. Permitted and conditional uses within an MXD development are allowed as set forth in section 78-159, Table 21, in accordance with the land-use categories chosen for the PCD/PUD overlay or as may be provided in the development order approved by the city council.

(5)

Parking. Parking and loading shall be provided as required in division 9 of article V.

(6)

Landscaping. Landscaping shall be provided as required in division 8 of article V.

(7)

Environmentally sensitive lands. Environmentally sensitive lands shall be protected as provided in division 5 of article V.

(f)

Residential MXD PCD/PUD intensity measures and special definitions. Residential MXD PCD/PUDs shall comply with the intensity measures indicated in Table 18, unless one or more intensity measures are waived by the city council.

Table 18: Residential MXD Intensity Measures and Special Definitions

Notes:

(1)

Lot coverage requirement is parcel-based, dependent on the specific land-use proposal.

(2)

Neighborhood commercial parcels shall be used for community-serving retail, service, office, and business uses.

(3)

The minimum requirement for residential high land use as determined by Table 18, shall be located above the ground floor of a nonresidential use. The city council may waive the vertical integration requirement upon consideration of a recommendation by the planning, zoning, and appeals board. Residential high parcels shall have a maximum density of 15 units per acre as a bonus for implementation of planned, and vertically and horizontally integrated development. The area allocated for both residential low and residential high land uses shall not exceed the 60 percent maximum in this table. Density shall be consistent with the requirements of the comprehensive plan and this chapter.

(4)

Employment center parcels shall be used for corporate offices, research and educational facilities, light industry, hotels, warehousing, and similar uses. Employment Center lots generally shall be grouped together.

(g)

Nonresidential MXD PCD/PUD intensity measures. Nonresidential MXD PCD/PUDs shall, unless waived by the city council, be consistent with section 78-158 and comply with the intensity measure indicated in Table 19.

(1)

Nonresidential criteria. The mandatory residential requirement of MXD developments may be waived by the city council if the development order application complies with any two of the criteria listed below:

a.

The parcel represents infill development and is surrounded on at least three sides by nonresidential land uses, including manmade and natural barriers such as canals, railroad tracks, and major arterial roadways.

b.

The density or intensity of existing or future land uses immediately surrounding the parcels are compatible with nonresidential uses.

c.

The surrounding existing, or planned and approved built environment is at least 60 percent residential, and nonresidential uses are determined to provide for such benefits as greater horizontal integration of uses. The measurement shall be determined on a lineal basis, as measured around the perimeter of the affected property.

d.

The potential for providing an economically feasible and integrated residential component that enhances and is complementary to other MXD uses is limited by the size of a parcel and the overall site configuration.

Table 19: Nonresidential MXD PCD/PUD Intensity Measures

Note:

*Excluding the land allocation formula, lot coverage, and building height limits, land uses are defined as established in the Future Land Use Element of the city's comprehensive plan.

(h)

BioScience MXD PCD/PUD intensity measures. Unless waived by city council, BioScience MXD PCD/PUDs shall conform to the requirements of section 78-158 and the intensity measures set forth in Table 19a.

(1)

A BioScience mixed use development shall include, at a minimum, open space and BioScience uses. Uses within a BioScience MXD PCD/PUD shall be located to encourage clustering for the purposes of scientific and economically productive exchange among researchers, scientists, administrators, students, and others involved in the BioScience industries. At least a portion of the BioScience MXD PCD/PUD shall be located within the city's designated BioScience Research Protection Overlay. A BioScience MXD PCD/PUD shall be designed to: create an urban, pedestrian-oriented environment; provide for a mix of uses such as commercial, transportation, office, laboratory research, educational, and residential uses for the daily needs of the residences and workforce; and encourage walking, biking, and other modes of nonvehicular transportation to reduce the need for local vehicular traffic.

Table 19a: BioScience MXD PCD/PUD Intensity Measures

Notes:

(1)

Minimum and maximum land allocations are based on the gross acreage for the project. The open space requirement is the minimum total amount of open space to be provided within the PCD/PUD, including all individual site plans within the PCD/PUD.

(2)

Lot coverage shall be calculated by individual parcel.

(3)

The height limit for employment center buildings (as defined below) located within the BioScience MXD PCD/PUD shall be a maximum of 150 feet* if the employment center buildings meet all of the following criteria:

a.

Located within the designated BioScience Research Protection Overlay ("BRPO");

b.

Include a minimum of 100 contiguous acres within the designated BRPO;

c.

Located within a development of regional impact; and

d.

Located in a project east and immediately adjacent to Interstate 95.

* This height limit is not subject to waiver by the city council.

(4)

Special definitions:

Employment center buildings shall be defined as those buildings used for bioscience technology research and development, laboratories, and those ancillary uses to bioscience including corporate offices, medical offices, research and educational facilities, light industry, hospitals, and conference hotels.

Employment center shall be defined as the land use component category within the BioScience MXD PCD/PUD that is regulated by the minimum and maximum gross land area allocations, lot coverage, and height regulations set forth above. Employment centers shall be designated on the MXD PUD or PCD master plan. Employment center buildings as defined above and any support buildings and uses specified in the zoning code shall be the only permitted buildings within an employment center.

(5)

The overall height limit and lot coverage requirements for buildings that have a vertical integration of residential and nonresidential uses shall be determined by the maximum allowable height and lot coverage permitted within any one of the categories used as listed in Table 19a.

(i)

Community design. As part of the overall development order application, a request for approval of an MXD development shall include a specific community design element. The community design element shall be both written and graphic, and, at a minimum, shall contain the information listed below, unless the city council has adopted specific design guidelines for a particular MXD PCD/PUD in accordance with [sub]section 78-155(c).

(1)

Master site plan. A PUD master site plan consistent with the requirements of division 1 of article III.

(2)

Thoroughfare plan. An overall plan indicating applicable primary, secondary, tertiary, and main street roadways throughout the proposed project shall be provided. Special emphasis should be placed on a roadway system that establishes a grid or related pattern that allows for pedestrian linkages and visual enhancements. Indications of the use of such techniques include the following:

a.

Street design that encourages use of commercial and residential buildings directly located at right-of-way lines, without intervening parking between buildings, sidewalks, and roads;

b.

Street design that allows a variety of routes from point of origin to destination;

c.

Street design that allows for parking on one or both sides of a road;

d.

Street design that provides continuous landscaping opportunities, especially for shade trees;

e.

Street design that provides for community-serving retail, commercial, office, and service uses available to users of pedestrian and vehicular facilities;

f.

Street design that integrates the needs of both pedestrians and vehicles; and

g.

Street design that provides for separate or integrated bicycle lanes.

(3)

Thoroughfare enhancement plan. An overall graphic and narrative plan indicating the nature of the various roadways, and how the roadways will be enhanced through creation of the following:

a.

Vistas for pedestrians and drivers;

b.

Focal points such as lakes, parks, open spaces, and vegetation preserves;

c.

Art in public places;

d.

Median and parkway landscaping; and

e.

Use of public buildings or facilities.

(4)

Pedestrian linkages. An overall plan for the area, including the following:

a.

A conceptual linkage plan and parkway system;

b.

An overall plan of connecting internal pedestrian pathways and linkages with those pedestrian resources that exist or are planned for the periphery of the project; and

c.

The creation of "gathering places" such as active or passive parks, public squares, or public performance venues.

(5)

Overall design theme. Illustrations and details of project-wide shared elements, including:

a.

Common hardscape theme (bricks, pavers, crosswalks, curbing, etc.);

b.

Overall area or street landscape themes;

c.

Street furniture and lighting standards;

d.

Minimum sidewalk width of eight feet;

e.

Pedestrian thoroughfares on private property or easements connecting major properties or projects;

f.

Connections between buildings;

g.

Inclusion of plazas, fountains, landscaped areas, etc.

h.

Clearly-defined connections to entry ways and parking areas;

i.

Strong use of canopy or shade materials; and

j.

Creation of five to ten foot wide parkway areas between streets and sidewalks.

(6)

Orientation of nonresidential buildings. An overall plan for the location, type, and orientation of buildings throughout a project, including the elements listed below.

a.

Urban or main street. Strong pedestrian orientation with the following:

1.

"Build to" lines;

2.

Two, three, and four story mixed-use buildings;

3.

All ground floor uses to be pedestrian oriented;

4.

Strong street landscaping component;

5.

Strong pedestrian design theme, including arcades, awnings, and canopies;

6.

Create minimum and maximum block lengths;

7.

On-street parking;

8.

No parking between sidewalks and building facades;

9.

Overall parking plan for area, including parking located in back of or away from pedestrian streets; and

10.

Adoption of specific street cross sections to define width of streets, parking, sidewalks, and building lines.

b.

Tertiary streets. Local- and residential-serving streets, utilizing the following:

1.

Adoption of specific street cross sections to define width of streets, parking, sidewalks, and building lines;

2.

Neighborhood serving commercial;

3.

Strong pedestrian links;

4.

On-street parking;

5.

Limited or no parking between sidewalks and building facades;

6.

Nonresidential building height of two stories, with one or two more additional stories for residential uses; and

7.

Maximum size of users.

c.

Secondary streets. Major mover of traffic to and through area, including the following characteristics:

1.

Minimum setback from front roads;

2.

"Build to" line to achieve uniformity;

3.

Ground floor retail or commercial with pedestrian orientation;

4.

No parking in front of building;

5.

Direct pedestrian connections between buildings;

6.

On-street parking;

7.

Limited parking between sidewalks and building facades; and

8.

Establish maximum separation between buildings.

d.

Primary streets. Major roadways designed to handle significant volumes of traffic to and through the city, utilizing techniques such as those listed below:

1.

Minimum setback from roads, orientation may be to primary roads or to interior roads, or 40 to 60 feet buffering to visually screen buildings when more standard site design techniques are utilized;

2.

Direct pedestrian connections between buildings and pedestrian linkages;

3.

No parking in front of building;

4.

Structured parking generally along sides or rear; and

5.

Clearly-defined front doors to property that are clearly visible from public rights-of-way.

(7)

Signage. Graphic illustrations of signage types, overall dimensions, landscaping, colors, and materials to be used within the overall development.

(8)

Architecture. Graphic representations of an overall, harmonious architectural style for the development are to be presented, including the elements listed below.

a.

Style. Description and examples of architectural styles to be utilized within the project, including overall design characteristics, massing, location on lots, pedestrian orientation, roof types, window types, common features or decorative elements such as cornices and similar embellishments, doors and entries, and equal architectural treatment of buildings on all sides of a building. This shall include specific examples of how any large-scale users, such as movie theaters, or single users are to be designed to avoid blank walls and dead spaces without any pedestrian or visual interest.

b.

Examples. Identification, if applicable, of existing examples within the city or county of the architectural style or styles to be utilized.

c.

Materials. Description and examples of principal materials to be utilized, including paint and accent colors, types and colors of exterior building materials or finishes, roof colors and materials, and types and colors of awnings or canopies.

d.

Pedestrian amenities. Description and examples of pedestrian amenities such as pedestrian walkways, including arcades, awnings, and colonnades, and use of fountains, loggias, courtyards, or similar areas providing a connection and focus for pedestrian walkways. Description and examples of the nature and type of paving and materials to be utilized in pedestrian areas.

(j)

PGA Boulevard corridor overlay. For the purposes of this section, all development located within the PGA Boulevard corridor overly shall comply with division 2 of article V.

(k)

Minimum development standards. MXD developments shall comply with the minimum standards listed below.

(1)

Size. MXD developments shall be a minimum of five acres.

(2)

Setbacks. Minimum front, side, rear, and side corner setbacks shall be established by the city council.

(3)

Minimum building site area. None, provided the site is consistent with the requirements of the overall PUD master site plan for open space, landscaping, architecture and design, pedestrian amenities and connections, landscaping, open space, maximum site area, minimum floor area, and similar requirements.

(l)

Waivers. A development order application for an MXD PCD/PUD may request one or more waivers from the standards of the MXD zoning district or other sections of the city's land development regulations, subject to the provisions of section 78-158.

(Ord. No. 17-2000, § 91, 7-20-00; Ord. No. 28-2002, § 1, 11-7-02; Ord. No. 17-2004, § 5, 6-3-04; Ord. No. 33, 2009, § 1, 4-1-10; Ord. No. 1, 2011, § 1(Exh. A), 2-3-11; Ord. No. 4, 2023, § 7, 6-1-23)

(a)

Purpose and intent. The purpose and intent of this section are to encourage applicants for planned development, PUD, and, PCD, approval to propose residential and nonresidential projects that are innovative, creative, and utilize planning, design, and architectural concepts that will be of benefit to the city. The use of innovative and creative techniques and concepts may require one (1) or more waivers to the development standards applicable to such projects. The city council may grant one (1) or more of the requested waivers, provided community benefits such as architectural design, pedestrian amenities, preservation of environmentally-sensitive lands, provision of public parks and open space, or mixed uses which reduce impacts on city services are demonstrated.

(b)

Waivers permitted. An application for development order approval for a PUD or PCD may include a request for waiver of one or more requirements of this chapter. Requests for waivers shall comply with the requirements contained herein. For the purpose of this section, a waiver is defined as a reduction in a development standard or other land development requirement normally required by this chapter.

(c)

Purpose and intent. The purpose and intent of this section are to encourage the use of PUDs and PCDs, as provided in sections 78-154 and 78-155, in order to achieve the benefits to the city and the property owner as described in those sections.

(d)

Prohibited waivers. The waivers listed below shall not be granted by the city council.

(1)

A waiver from the requirements of division 2 of article V, establishing the PGA overlay district.

(2)

A waiver from the minimum twenty-five (25) percent set aside and/or associated mitigation requirements for upland preservation of the environmentally sensitive lands as provided in division 5 of article V, except for planned developments on publicly owned land that receive city council approval after January 9, 2014 and that satisfy the criteria set forth in subsection (j).

(3)

A waiver from any requirement associated with the city's concurrency management requirements established in division 3 of article III.

(e)

Grant of waivers. Waivers from requirements applicable to planned developments, including PUDs and PCDs, shall be granted by the city council, following an advisory recommendation by the planning, zoning, and appeals board.

(f)

Waivers established. For the purposes of this section, the city council may grant waivers as indicated in Table 20.

Table 20: Waivers to Planned Developments

(g)

Residential variances. Any reduction to a PUD or PCD development standard or requirement applicable to an entire residential use or project shall occur only as provided in this section. However, the owner of a single-family dwelling may apply for a variance to the applicable development standards, rather than apply for a waiver. The purpose of this section is to allow an owner or tenant to request a modification without the time, effort, and expense associated with an application for a development order amendment.

(h)

Application. All requests for a waiver shall be submitted in writing and shall accompany a development application for planned development, PUD, or PCD approval. Each waiver to planned development requirements or standards utilized in a development application for approval of a PUD or PCD shall be identified by the applicant.

(i)

Criteria. A request for the city council to approve a waiver from one or more of the standards and requirements applicable to a planned development, PUD, or PCD shall comply with a majority of the criteria listed below:

(1)

The request is consistent with the city's comprehensive plan.

(2)

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

(3)

The request is in support of and furthers the city's goals, objectives, and policies to establish development possessing architectural significance, pedestrian amenities and linkages, employment opportunities, reductions in vehicle trips, and a sense of place.

(4)

The request demonstrates that granting of the waiver will result in a development that exceeds one or more of the minimum requirements for PUDs.

(5)

The request for one or more waivers results from innovative design in which other minimum standards are exceeded.

(6)

The request demonstrates that granting of the waiver will result in preservation or valuable natural resources, including environmentally sensitive lands, drainage and recharge areas, and coastal areas.

(7)

The request clearly demonstrates public benefits to be derived, including, but not limited to, such benefits as no-cost dedication of rights-of-way, extensions of pedestrian linkages outside of the project boundaries, preservation of important natural resources, and use of desirable architectural, building, and site design techniques.

(8)

Sufficient screening and buffering, if required, are provided to screen adjacent uses from adverse impacts caused by a waiver.

(9)

The request is not based solely or predominantly on economic reasons.

(10)

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

(11)

The request demonstrates the development will be in harmony with the general purpose and intent of this section, and that such waiver or waivers will not be injurious to the area involved or otherwise detrimental to the public health, safety, and welfare.

(j)

A request for a waiver from the twenty-five (25) percent environmental set aside for a publicly owned planned development must satisfy one or more of the following criteria in addition to the requirements of subsections (i)(1)—(11) hereinabove:

(1)

The proposed development fulfills a critical government infrastructure need.

(2)

The proposed development will have a substantial and beneficial economic impact through revenue generation and job creation.

(3)

The request demonstrates that granting the waiver will result in a development that makes a significant contribution to the city's recreational and/or park space needs.

(Ord. No. 17-2000, § 92, 7-20-00; Ord. No. 17-2004, § 5, 6-3-04; Ord. No. 4, 2011, § 2, 5-5-11; Ord. No. 11, 2013, § 5, 9-10-13; Ord. No. 19, 2013, § 2, 1-9-14)

(a)

Permitted, minor conditional, major conditional, and prohibited uses. Permitted uses, minor conditional, major conditional uses, and prohibited uses are established in Table 21. The use of all new or existing buildings, structures, and properties shall conform with the requirements of Table 21. Additional standards applicable to certain uses are indicated in this table. For the purposes of this article, uses shall be defined as indicated below.

(b)

Permitted uses. Any use allowed as a matter of right in a zoning district, subject to review by city staff and compliance with all requirements contained in this chapter.

(c)

Conditional uses.

(1)

Major conditional use. Any use that may be allowed, subject to review and consideration by the planning, zoning, and appeals board and city council as provided in this chapter.

(2)

Minor conditional use. Any use that may be allowed, subject to review and consideration by the development review committee as provided in this chapter.

(d)

Prohibited uses. Any use not listed as a permitted use, minor conditional use, or major conditional use in Table 21, or not recognized as a similar use, is a prohibited use and shall not be established.

(e)

PGA Boulevard overlay corridor. Permitted and prohibited uses within the PGA overlay corridor are established in division 2 of article V, and shall pre-empt any permitted or conditional uses allowed herein.

(f)

Similar uses. A use not listed in Table 21, but possessing similar characteristics, including, but not limited to, size, intensity, density, operating hours, demands for public facilities, such as water and sewer, transportation system, manufacturing, and business practices, may be established upon approval by the growth management director. Such uses shall be subject to all requirements of the uses to which they are similar. Appeals of such determinations shall be made to the planning, zoning, and appeals board. The growth management director shall notify the city manager, in writing, of all decisions regarding similar uses.

(g)

Variances. A variance from the additional standards applicable to certain uses established herein shall not be granted by the development review committee or the planning, zoning, and appeals board.

(h)

Waiver. A waiver from the additional standards applicable to certain uses as set forth hereinbelow at subsection 78-159(j) may be granted by the city council as part of the approval of a planned unit development or planned community district, subject to the requirements of section 78-158.

(i)

Planned development overlay districts. Permitted, conditional, and prohibited uses within planned overlay districts, including planned unit developments, planned community districts, and mixed use developments, shall be established within the development order approved by the city council. Permitted, conditional, and prohibited uses within such districts shall be established with reference to such uses within the underlying zoning district. However, the city council may approve any use within a planned development overlay district, subject to the following:

(1)

Consistency with the comprehensive plan;

(2)

Consistency with the overall purpose and intent of the land development regulations; and compatibility with existing, proposed, or potential land uses located on adjacent properties.

Table 21: Permitted, Conditional, and Prohibited Use Chart

(j)

Additional standards. The following standards apply to specific uses as indicated in the "Note" column of Table 21.

(1)

Home-based business. Home-based businesses are commercial or occupational uses that operate, in whole or in part, from a residential property and meet the following criteria:

a.

The employees of the business who work at the residential dwelling must also be residents of the dwelling unit, except that up to a total to two employees or independent contractors who do not reside at the residential dwelling may work at the residential dwelling. The business may have additional remote employees that do not work at the residential dwelling.

b.

The use of the premises for the home-based business shall be consistent with the uses of the residential areas that surround the premises. The use shall not change the residential character of the premises as viewed from the street.

c.

External modifications made to a residential dwelling to accommodate a home-based business must conform to the residential character and architectural aesthetics of the neighborhood.

d.

The home-based business may not conduct retail transactions at a structure other than the residential dwelling; however, incidental business uses and activities may be conducted at the residential property.

e.

The activities of the home-based business must be secondary to the property's use as a residential dwelling.

f.

Parking related to the business activities of the home-based business must comply with all city parking requirements for the zoning district in which it is located and the need for parking generated by the business may not be greater in volume than would normally be expected at a similar residence where no business is conducted. The storage or parking of heavy equipment, as defined at F.S. § 559.995, shall comply with state law and the city's Code of Ordinances for the zoning district in which the home-based business is located. All vehicles and/or trailers must be parked in legal parking spaces, not located within the right-of-way, on or over a sidewalk, or on any unimproved surfaces at the premises.

g.

Business activities must comply with any relevant state regulations and city codes with respect to signage and equipment or processes that create noise, vibration, heat, smoke, dust, glare, fumes, or noxious odors for the residential zoning district in which the property is located.

h.

Business activities conducted at a residential property shall comply with all city codes and regulations related to the use, storage, or disposal or any corrosive, combustible, or other hazardous or flammable materials or liquids for the residential zoning district in which the property is located.

i.

On-premise signs or other advertising of home-based businesses are prohibited.

j.

The employees of the home-based business who work at the residential dwelling must also reside in the residential dwelling, except that up to a total of two employees or independent contractors who do not reside at the residential dwelling may work at the business. The home-based business may have additional remote employees that do not work at the residential dwelling.

k.

Owners or operators of home-based businesses shall obtain required city and county business tax receipts.

l.

A limited contractor storage yard use may be allowed as a home-based business in the AR zoning district subject to the following criteria:

1.

Minimum lot size of 5 acres.

2.

The loading, unloading, or movement of any stored vehicles, equipment, or other similar activities shall be prohibited between the hours of 8:00 p.m. and 6:00 a.m.

3.

A maximum of three persons living outside of the home may be employed under the Home Occupation; provided the employee vehicles shall not be parked on unimproved surfaces nor in the front or side yard unless within the business owner's driveway.

4.

Outdoor Storage

(a)

Outdoor storage shall be screened from view from any right-of-way or parcel of land with a residential FLU designation or use, through the use of opaque fence, wall, or existing or newly planted native vegetation, prior to the issuance of the Business Tax Receipt.

(b)

Outdoor storage shall be prohibited within the front yard, and shall be a minimum of 15 feet, or 25 feet for vehicles or equipment greater than 8 feet in height, from any abutting parcel with a residential FLU or use, and

(c)

Vehicles or equipment shall only be permitted where parked or stored on improved surfaces such as asphalt, pavement, or shell rock.

5.

The following additional vehicles or equipment owned by the business owner may be permitted:

(a)

Semi truck with or without trailer; or

(b)

One dump truck; and

(c)

One trailer and one item of heavy equipment, such as a bobcat or loader, but excluding large equipment such as cranes.

(d)

One additional vehicle, trailer, or piece of equipment may be allowed for each additional 10 acres.

(2)

Resident hall or dormitory. Shall be operated only in conjunction with a college, university, or vocational school approved by the city.

(3)

Community residential home, Type I. Shall operate consistent with the standards listed below.

a.

Shall operate with not more than six residents, or as otherwise provided by state law.

b.

Shall be located and operated consistent with the requirements of F.S. Chapter 419, as amended.

c.

Shall obtain all licenses required by state law or the Palm Beach County Public Health Department.

d.

All community residential homes shall comply with amendments to applicable state law.

(4)

Community residential home, Type II.

a.

Shall operate with not less than seven but not more than 14 residents, or as otherwise provided by state law.

b.

Shall be located and operated consistent with the requirements of F.S. Chapter 419, as amended.

c.

Shall obtain all licenses required by state law or the Palm Beach County Public Health Department.

d.

All community residential homes shall comply with amendments to applicable state law.

(5)

Assisted living facility (one or more residents).

a.

May be allowed in a PUD, PCD, or other zoning districts as provided in this section.

b.

Shall obtain a license from the State of Florida and shall operate consistent with the requirements of that license.

c.

May offer, singularly or in combination, independent living, assisted living, or skilled nursing care facilities, subject to the limitations listed below.

1.

A skilled nursing care facility operating as a separate, stand-alone facility shall be allowed only within commercial or public/institutional zoning districts with capacity based on zoning district requirements.

2.

A skilled nursing care facility operating in conjunction with an assisted living facility as part of a continuing care residential retirement community is allowed in residential zoning districts as a major conditional use and shall not exceed a capacity of 38 beds per gross acre.

d.

Assisted living facility and/or skilled nursing facilities shall be eligible for such density as provided herein.

1.

Shall be eligible for the base density allowed by the underlying land-use category, when located within a residential land-use category.

2.

May be allowed, subject to approval by the city council, a density bonus when approved as a PUD or PCD located within a residential medium, residential high, or mixed use land use category. The density bonus is in addition to the density allowed by the underlying land use category. Maximum additional allowable density is indicated below.

3.

For the purpose of density calculation, two beds are the equivalent of one dwelling unit.

4.

Density calculations for dwelling units and beds within a continuing care community shall be determined by the acreage allocated to separate uses such as independent living, assisted living, or skilled nursing care.

5.

A density bonus may be granted by the city council, based upon the criteria listed below.

(i)

Compatibility of the proposed assisted living facility (ALF) with adjacent uses.

(ii)

Impact on service delivery, including public safety services.

(iii)

Mitigation of impacts on service delivery.

(iv)

Use of buffering, landscaping, and screening techniques to mitigate building bulk, mass, scale, or intensity.

(v)

Use of architectural, design, and site location techniques to enhance visual appearance.

(vi)

The density bonus may not be awarded for any facility proposed to be located within a coastal high hazard area.

e.

Shall not be located within 1,500 feet of another assisted living facility, measured from the closest lot lines of both uses; provided, however, this may be waived by the city council pursuant to section 78-158 of this chapter.

f.

Shall be connected to public water and sewer service.

g.

Shall provide adequate parking, circulation, pickup/drop off area, and ingress and egress.

h.

Signage shall be consistent with the requirements of division 6 of article V.

i.

May allow not more than ten percent of the gross floor area to be utilized for accessory uses of a resident-serving commercial nature, including beauty and barber shops, banking, and convenience sales.

j.

Shall not be operated as a halfway house or facility for the following: juvenile offenders, parolees or probationers, prison or jail inmates awaiting release, alternative incarceration, or similar classes of residents.

(6)

Adult entertainment.

a.

It is the purpose of this section to regulate adult bookstores, adult motion picture theaters, adult motion picture booths, adult motels and hotels, bathhouses, modeling studios, massage shops or parlors, artists-body painting studios, pawnshops, billiard parlors, and adult cabarets so as to lessen the concentration of these establishments and their proximity to each other such stated establishment which would potentially work a deleterious effect upon the adjacent areas and could contribute to the blighting and downgrading of the surrounding neighborhoods.

b.

Land and structures shall be use only for the following purposes:

1.

Adult bookstores;

2.

Adult motion picture theaters;

3.

Adult motion picture booths;

4.

Adult motels or hotels;

5.

Pool or billiard parlors;

6.

Massage shops or parlors;

7.

Modeling studios;

8.

Bathing establishments;

9.

Artists-body painting studios, and

10.

Artists-body painting studios; and adult cabarets.

c.

Each adult motion picture booth shall have a rectangular-shaped entranceway not less than two feet wide and six feet high. There shall be no door, curtain, or other obstruction blocking or closing off any part of or all of the entranceway way at any time.

d.

An adult bookstore, adult motion picture theater, adult motion picture booth, adult motel or hotel, bathhouse, modeling studio, massage shop or parlor, artists-body painting studio pawnshop or billiard parlor shall not be located within such distance, measured from property line to property line, from any other of the establishments as provided below:

(7)

Antique shop. An antique shop shall sell items in demand and have a value due to being rare, old, historic, of a collectible nature, or an expectation of increasing value, including such items as furniture, art objects, housewares, glassware, jewelry, coins, stamps, and decorative objects.

(8)

Auto repair, general. General auto repair includes tune ups, oil and fluid changes, and similar maintenance work. Auto repair also includes the repair or replacement work on the following parts or systems: tires, brakes, mufflers, air conditioning, tire alignment and balancing, front end alignment, starters, alternators, and radiators. Auto repair does not include removing or rebuilding engines or transmissions, steam cleaning engines, paint and body repair, and frame repair.

a.

Bay doors shall not be oriented toward public rights-of-way or residential zoning districts. However, bay doors may be so oriented if visibility from a public right-of-way is completely and permanently screened by a building, opaque masonry wall, or a similar fixed structure.

b.

All repair work shall occur within an enclosed structure.

(9)

Automobile dealership. Automobile dealership may include auto repair and are subject to the restrictions contained within this section for such use.

a.

Minimum lot size shall be three acres, with the following minimum dimensions:

b.

Repairs and maintenance performed on site shall comply with the standards listed below.

1.

All repair work shall occur at least 100 feet from any residential zoning district.

2.

Bay doors shall not be oriented toward public rights-of-way or residential zoning districts. However, bay doors may be so oriented if visibility from a public right-of-way is completely and permanently screened by a building, opaque masonry wall, or a similar fixed structure.

3.

Repair work shall not be visible from any public right-of-way or residential zoning district.

4.

Outdoor storage of disassembled vehicles or parts is prohibited.

c.

Car wash facilities on site shall comply with the standards listed below.

1.

Facilities shall be located at least 100 feet from any residential zoning district.

2.

Facilities must utilize a city-approved water recycling system.

d.

Fuel pump islands shall comply with the standards listed below.

1.

Facilities shall be located at least 100 feet from any residential zoning district.

2.

Facilities shall not be visible from any public right-of-way or residential zoning district.

e.

Vehicle off-loading shall comply with the standards listed below.

1.

Off-loading shall occur at least 100 feet from any residential zoning district.

2.

The off-loading area shall be a minimum of 15 feet wide and 60 feet in length, and shall be designated, marked, and signed in a manner consistent with the requirements of section 78-362.

3.

The off-loading area shall not be located in a vehicular circulation area, and shall provide adequate maneuverability.

4.

Transport vehicles shall not be stored or parked on site for more than 24 consecutive hours.

f.

All dealerships shall install a six foot high opaque wall along all portions of property abutting a residential zoning district or public right-of-way. A chain link fence, not in excess of six feet, may be installed along all other property lines. The chain link fence shall be vinyl coated, with a minimum opacity of 75 percent.

g.

Display of vehicles shall comply with the standards listed below.

1.

Vehicles shall not be elevated in any manner, whether displayed indoors or outdoors.

2.

Vehicles shall not be displayed within a public right-of-way.

h.

Specialized vehicular use areas used for display of vehicles shall be separated from customer parking by a city-approved barrier.

i.

Test driving of vehicles within residential zoning districts is prohibited.

j.

Vehicle and customer parking areas shall be gated and locked when the dealership is not open to the public.

k.

Exterior lighting shall comply with the standards listed below.

l.

Lighting standards shall not exceed 25 feet in height.

1.

Illumination shall be directed away from adjacent properties.

2.

Illumination shall comply with all requirements of section 78-182.

3.

Wall-mounted security lighting shall be approved as part of the overall site plan.

m.

Vehicle storage shall utilize an approved surface as required by section 78-363.

n.

Parking lots shall comply with the landscape requirements of section 78-315.

o.

Dealerships must be licensed by Florida Department of Motor Vehicles.

p.

Flags, banners, streamers, pennants, string lights, and similar devices to attract attention are prohibited, except as allowed by division 6 of article V.

q.

Sales are limited to automobiles, light trucks, and similar vehicles. Sales of boats and personal water craft, trailers, motor cycles, recreational vehicles, commercial trucks and vehicles, mobile homes, buses, farm equipment, and similar vehicles are prohibited.

(10)

Auto rental, accessory. Accessory auto rental shall be permitted in conjunction with an approved hotel or motel use, and shall comply with the standards provided below.

a.

The storage of automobile rentals and storage of inventory may be permitted as a minor conditional use in conjunction with an approved hotel use of not less than 100 hotel rooms.

b.

Not more than 15 rental automobiles shall be permitted to be stored on the site at any time.

c.

Parking for up to 15 rental automobiles on site shall be provided in excess of the required parking for the hotel use.

d.

Shuttle van parking or storage between the hotel building and adjacent public right-of-way shall not exceed one hour.

e.

Advertising graphics or signage shall not be displayed on rental automobiles parked at a hotel.

f.

For the purposes of this use, automobiles shall be defined as passenger vehicles of 5,000 pounds or less, but shall not include trucks, light trucks, jeeps or utility vehicles as defined in F.S. Chapter 320.

(11)

Auto service station. Auto service station shall include sale of gasoline and diesel products, auto parts and accessories, and repair of vehicles. May include auto repair, subject to the restrictions contained within this section for such use. Auto repair facilities shall comply with the standards listed below.

a.

Bay doors shall not be oriented toward public rights-of-way or residential zoning districts. However, bay doors may be so oriented if visibility from a public right-of-way is completely and permanently screened by a building, opaque masonry wall, or a similar fixed structure.

b.

All repair work shall occur within an enclosed structure.

c.

Vehicular access, parking, queuing, and related internal circulation requirements shall be approved by the city council.

d.

Sale of convenience items, including food, beverages, tobacco products, etc., in an existing, new, or converted auto service station requires major conditional use approval.

e.

There shall be a minimum separation distance of 1,000 feet between the nearest points of property lines on any two parcels of land occupied or to be occupied for a gasoline service station purpose.

f.

The minimum required separation distance between gasoline service stations may be reduced when the parcel of land occupied or to be occupied for gasoline service station purposes comply with the following locational standards:

1.

Are located at the intersection of two primary state highways;

2.

Are located so as to immediately abut the intersections of I-95 interchanges; and

3.

Are located opposite sides of four-lane streets, where there is a median for traffic control, constituting, for all practical purposes, two separate one-way streets.

g.

There shall be a minimum separation distance of 500 feet between the nearest points of property lines for a parcel occupied for gasoline service station purposes and a parcel occupied by a church, public or private school, hospital, governmentally owned or operated building, convalescent or nursing home, theater, auditorium, stadium area, assembly hall, public play field, or similar public place where a minimum of 100 people may congregate.

h.

The following uses are allowed within auto service stations:

1.

Retail sale of gasoline, oil, grease, batteries, tires and automobile accessories;

2.

Sale and service of spark plugs, batteries, and electronic ignition parts;

3.

Tire sales, service, and repair, excluding on-premise recapping or retreading of tires;

4.

Minor repair and replacement of auto parts, including mufflers and tailpipes, shock absorbers and struts, water hoses, fan belts, light bulbs, fuses, auto accessories, windshield wipers and wiper blades, and wheel bearings, mirrors, and the like;

5.

Oil and fluid changes, and lubrication;

6.

Auto cleaning and detailing, including the sale of automotive cleaning products, provided such activities occur in an enclosed area;

7.

Minor maintenance, repair, or replacement of vehicle components, such as carburetors, fuel pumps, oil pumps and lines; radiator flushing and cleaning; and emergency wiring and electronic repairs;

8.

Emergency road repair and towing service as an accessory service, provided storage of vehicles is enclosed or otherwise screened from view, storage is limited to 48 hours, and storage further is limited to vehicles which can be repaired on-site;

9.

Sale of convenience items accessory and incidental to the principal operation subject to the following:

(i)

Not more than 500 square feet of accessory convenience sales shall be permitted for motor vehicle fuel sales without auto repair service; and

(ii)

Not more than 1,500 square feet of accessory convenience sales shall be permitted for motor vehicle fuel sales with auto repair service.

(12)

Auto tire sales and installation. Auto tire sales and installation shall be allowed as a major conditional use in CG1 zoning districts and a permitted use in CG2 zoning districts. Auto tire sales and installation include sales, installation, repair and maintenance of tires and accessories, and front end alignment, wheel balancing, and similar tasks. The use may include sale and installation of batteries, shock absorbers and struts, oil and fluid changes, brake repair and replacement, and installation of mufflers and tail pipes. Bay doors shall not be oriented toward public rights-of-way or residential zoning districts. However, bay doors may be so oriented if visibility from a public right-of-way is completely and permanently screened by a building, opaque masonry wall, or a similar fixed structure.

(12.1)

Boat, watercraft, and all-terrain vehicle sales, ancillary. The sale of boats, watercraft, and all-terrain vehicles as an ancillary component of a principal use permitted in the general commercial (CG1) zoning district shall be allowed as a major conditional use. Such ancillary sale of boats, watercraft, and all-terrain vehicles shall comply with the criteria listed below:

a.

Sales, displays and storage shall be contained completely within the enclosed, under-air portion of the building.

b.

There shall be no display areas for boats, watercraft, and/or all-terrain vehicles that are intended for view and/or clearly viaible from the exterior of the building.

c.

The maximum floor area that is to be utilized for the sale, storage, or display of boats, watercraft, and/or all-terrain vehicles, collectively, shall not exceed 25 percent of the gross floor area of the principal use.

For calculation purposes:

1.

The area to be counted towards said maximum area shall include the area immediately surrounding the boats, watercraft, and/or all-terrain vehicles;

2.

Such areas shall be divided into a maximum of two separate areas within the tenant space; and

3.

Areas designated for the sale of accessories related to boats, watercraft, and/or all-terrain vehicles shall not be counted toward the 25 percent maximum, but shall be limited to an ancillary portion of the principal use.

d.

No repair or warranty service shall occur on site.

e.

The use is prohibited on all properties with 1,000 feet of PGA Boulevard.

(13)

Convenience stores with gas sales. Convenience stores with gas sales are stores which sell convenience food items, including food, alcoholic and non-alcoholic beverages, snacks, tobacco products, ice, and frequently-needed household items. Convenience stores with gas sales shall comply with the standards listed below.

a.

Sale of gasoline and diesel products is permitted.

b.

Installation of automatic car washes is permitted, provided:

1.

Such uses are located at least 100 feet from any residential zoning district; and

2.

Car wash openings are oriented away from residential zoning districts.

c.

Bay doors shall not be oriented toward public rights-of-ways or residential zoning districts. However, bay doors may be so oriented if visibility from a public right-of-way is completely and permanently screened by a building, opaque masonry wall, or a similar fixed structure.

d.

Auto repairs, excluding drive-in oil change facilities, are prohibited.

e.

Co-location of fast food restaurants with convenience stores may be permitted as a minor conditional use subject to the following:

1.

Hours of operation may be limited to ensure compatibility with adjacent properties and uses;

2.

Adequate parking is provided onsite for all uses;

3.

Additional screening and landscaping may be required to minimize the impact of co-locating businesses;

4.

Dumpster, trash, recycling, compacting, and related equipment shall be located at least 100 feet from any property with a residential future land use plan or zoning designation;

5.

Drive-through windows may be permitted, as limited herein; and

6.

The number, size, and location of permanent signs shall not increase due to the co-location of uses.

f.

Drive-in windows, including queuing areas and ordering areas shall be located, landscaped, screened, buffered, and oriented in such fashion as to minimize the impacts of noise, auto exhaust emissions, loud speakers, headlights, and similar potential nuisance items on adjacent properties possessing a residential future land use designation or a current residential zoning designation.

(14)

Convenience stores without gas sales. Convenience stores without gas sales are stores which principally sell convenience food items, including food, alcoholic and non-alcoholic beverages, snacks, tobacco products, ice, and other frequently-needed household items. Sale of gasoline and diesel products is prohibited. Store size shall not exceed 5,000 square feet. The city council may limit hours of operation to ensure compatibility with adjacent properties and uses.

(15)

Discount department stores. Location of discount department stores shall comply with the requirements of the PGA Boulevard corridor, as provided in division 2 of article V.

(16)

Hardware, paint, glass, wallpaper, and floor covering stores. Hardware, paint, glass, wallpaper, and floor covering stores are primarily intended for a neighborhood or community market, and shall not exceed 5,000 square feet when located in a CN zoning district.

(17)

Pottery shops. Pottery shops shall not establish or maintain any outdoor display.

(18)

Recreational vehicle park (RVP). A recreational vehicle park (RVP) is a facility designed specifically to accommodate overnight or short term parking of recreational vehicles, short term guest lodging in camping cabins, and may include accessory recreational or commercial activities.

a.

The site shall be designated "commercial recreation" (CR) by the future land use map.

b.

Minimum property development standards for a RVP are established below.

1.

Minimum development size: 20 acres.

2.

Maximum density: five (5) recreational vehicles per acre, based upon total number of acres in development.

3.

Minimum property development regulations are as follows:

4.

Minimum parking requirements are as follows:

5.

Minimum setbacks: All principal and accessory structures, recreational vehicle spaces, and camping cabin spaces shall be setback at least 50 feet from any property line.

c.

Centralized sanitary facilities, including bathing, toilets, and sinks, shall be provided. The number and location of such facilities shall be adequate for the number of visitors to the park.

d.

In addition to parking of recreational vehicles, a maximum of ten percent of the total number of spaces may be utilized for camping cabins, subject to the limitations listed below.

1.

Each cabin shall comply with the city's building code.

2.

Each cabin shall not exceed 400 square feet, including outdoor porches.

3.

Each cabin may contain electrical service and outlets, air conditioning, and heating.

4.

Sewer service, potable water, and kitchen facilities are prohibited.

5.

Each cabin shall contain a minimum of 50 square feet per occupant.

6.

Residence in a camping cabin is restricted to 30 consecutive days, and not more than 60 calendar days during any one year period.

e.

Permitted accessory uses:

1.

Recreation amenities, restricted to use by guests, including pools, tennis and shuffleboard courts, recreation rooms, equestrian facilities, nature and walking trails, play grounds, tot lots, docks, and similar facilities;

2.

Gate houses or similar facilities designed to provide security to the RVP;

3.

Maintenance facilities;

4.

Administrative office space necessary for operation of the RVP; and

5.

Commercial or retail use, restricted to use by guests, including convenience food and beverage items and recreational vehicle parts.

f.

The uses, activities, or improvements listed below are prohibited within a RVP.

1.

Permanent residential use of any RVP land, camping cabin, structure, or facility is prohibited, excluding occupants of any security quarters that may be established in the RVP.

2.

The installation or construction of permanent structures or additions accessory to a recreational vehicle, including but not limited to screen rooms, carports, and utility sheds is prohibited.

3.

Parking of recreational vehicles in areas not designated for such use.

4.

The storage of recreational vehicles.

5.

The sale or dispensing of propane gas, excluding containers already containing propane gas.

6.

Residence in any recreational vehicle space within a park is restricted to 90 consecutive days, and not more than 180 calendar days during any one year period.

g.

The owner or operator of an RVP shall maintain the following records:

1.

The names and permanent addresses of the occupants of recreational vehicles;

2.

The dates of occupancy for each recreational vehicle used by guests within the RVP; and

3.

The year, make, model, and license plate of each recreational vehicle or automobile used by RVP guests.

h.

A single-family dwelling, excluding a mobile home, may be established to provide a residence for full-time security personnel residing on the premises.

i.

Vehicular access to a RVP shall be provided by an arterial or collector roadway. Access to a RVP through property possessing a residential future land use plan or zoning designation is prohibited.

j.

The RVP shall incorporate a continuous pedestrian and bicycle pathway throughout the entire area of the site, including connections to all portions of the RVP facility, all internal roads, all exterior vehicular connections, and uses and amenities installed for use by guests.

k.

Unless otherwise limited herein, each RVP parking stall, central bathing facility, administrative office, maintenance facility, security quarters, or any other similar use shall provide a connection to central water and waste water treatment facilities.

(19)

Restaurant, general. General restaurant is a high turnover establishment where food and beverages are prepared and primarily consumed on-premises, and may:

a.

Operate on a 24-hour basis;

b.

May serve food in a cafeteria or buffet style;

c.

May serve alcoholic beverages;

d.

May have a drive-through window, provided the drive-in window complies with division 2 of article V regarding the PGA [Boulevard] corridor overlay district;

e.

May provide outdoor seating consistent with section 78-191; and

f.

Limited to a maximum of 100 seats when located in a CN zoning district.

(20)

Restaurant, fast food. Fast food restaurant is a high turnover establishment primarily selling food and beverages that are generally precooked, prepackage, served in disposable wrapping, and orders are taken from a counter or a drive-through window. Outdoor seating may be provided consistent with section 78-191.

(21)

Restaurant, specialty. Specialty restaurant is an establishment that sells a limited variety of food and beverages that generally are prepared to order and consumed on-premises, and are typified by ice cream shops, health food shops, coffee shops, doughnut and bakery shops, delicatessens, and the like. Specialty restaurants shall comply with the standards listed below.

a.

Drive-through windows are prohibited.

b.

Outdoor seating may be provided consistent with section 78-191.

c.

In a CN zoning district, specialty restaurants shall not exceed 2,500 square feet in size.

d.

In a CN zoning district, specialty restaurants shall not exceed 50 seats, including outdoor seating.

(22)

Restaurant, quality. Quality restaurant is an establishment where food and beverages are prepared and consumed on-premises, alcoholic beverages may be served, and often characterized as being open only for lunch and dinner, with a lower rate of turnover of clients. Quality restaurants shall comply with the standards listed below.

a.

Drive-through windows are prohibited.

b.

Outdoor seating may be provided consistent with section 78-191.

(23)

Restaurant, take out. Take out restaurant is an establishment where food and beverages are served to be consumed off-premises. Drive-in windows may be allowed.

(24)

Retail, general. General retail are those establishments engaged in retail sales and rental of products, including apparel for women and men; appliance sales; auto parts store; book stores; business machines and office equipment sales; camera and photography sales and service; candy, nuts, and confectionery sales; department stores; floor covering sales; food stores, excluding convenience stores; furniture stores, hardware and building supply sales; household goods; lawn and garden sales, including lawnmowers; leather goods and luggage stores; liquor and package sales; marine equipment sales, excluding boats and personal water craft; motorcycle sales and parts; music and musical instrument sales; newsstand and cigar sales; optical goods; pet shops; shoe stores; sporting goods; tobacco shops; toy stores; and similar uses as may be determined by the growth management director.

(25)

Showroom, general. General showroom is an establishment where merchandise or services are displayed for advertising or sale purposes. Showrooms shall comply with the standards listed below.

a.

Showrooms shall not be designed, installed, or illuminated as a form of advertising.

b.

The merchandise or services displayed, advertised, or sold shall be consistent with the manner in which uses are established in these land development regulations as permitted uses, minor conditional uses, or prohibited uses.

Showroom, electric automobile. An electric automobile showroom is a retail showroom for electric automobiles that meets the following additional criteria:

a.

An electric automobile showroom may be permitted only as a major conditional use.

b.

Electric automobile showrooms are prohibited in all mixed-use zoning districts.

c.

Automobiles displayed shall not be elevated from the ground in any manner.

d.

Electric automobile test drives shall not be conducted on residential streets within the city.

e.

Stock or inventory of electric automobiles in excess of the showroom displays and automobiles used for test drives is strictly prohibited.

f.

Automobiles on display within the showroom shall not be driven or sold from the premises, except after business hours to change/exchange showroom display automobiles.

g.

The outdoor sale and/or display of sales signage of electric automobiles is strictly prohibited.

h.

On site maintenance or repair of automobiles is strictly prohibited.

i.

The electric automobile showroom use is limited to electric automobiles. The use of other types of automobiles or vehicles in conjunction with the electric automobile showroom use, including but not limited to hybrid automobiles, personal water craft, trailers, boats, motorcycles, recreational automobiles or vehicles, commercial trucks and automobiles, mobile homes, buses, farm equipment, and similar automobiles is prohibited.

j.

No more than eight electric automobiles shall be permitted on site to be used for test drive purposes at any given time.

k.

Showroom space is limited to a maximum size of four thousand (4,000) square feet with a maximum of four (4) display vehicles permitted within the showroom space.

l.

The exchange, transfer, delivery, and/or change in possession or control of an electric automobile is prohibited anywhere on the property upon which an electric automobile showroom is located. Vehicle delivery, transfer, exchange or change in possession must occur off-site and outside the city limits of the City of Palm Beach Gardens.

(26)

Thrift and used merchandise stores. Thrift and used merchandise stores shall not operate collection, classification, and distribution activities as a principal use. Such activities shall be an accessory use to the retail use. Stores of this nature shall not exceed three thousand (3,000) gross square feet in a CN zoning district and five thousand (5,000) gross square feet in a CG1 zoning district.

(27)

Animal boarding kennel. Animal boarding kennel may be established, subject to the standards listed below.

a.

Boarding shall be limited to cats and dogs, and other domestic pets.

b.

The city council may require sound proofing or additional setbacks and landscaping to minimize noise and visual impacts on adjacent properties.

c.

Outdoor runs shall be paved, fenced, and connected to a city-approved wastewater treatment facility.

(28)

Auto/truck paint and body shop. Auto/truck paint and body shop shall conduct all activities within an enclosed building or structure.

(29)

Bank or financial institution. Bank or financial institutions with drive-through lanes located on a property within a PO zoning district shall:

• Be limited to a maximum of two drive-through lanes, excluding the required by-pass lane.

• Have the drive-through lanes located in the rear of any property fronting a single public right-of-way. Drive-through lanes are prohibited on corner properties within the PO zoning district.

• Set back the drive-through lanes 50 feet from any residential property line.

Bank or financial institutions with drive-through lanes located on property within the CN, CG1, and CG2 zoning districts with more than four drive-through lanes shall be considered a major conditional use.

(30)

Banquet facility. Banquet facility is a location for rent or lease to the public on a short term basis, for such events as parties, receptions, meetings, meals, and similar group events, and may include accessory kitchen facilities. A use of this type is subject to the following:

a.

The city council may establish hours of operations;

b.

Outdoor areas are to be oriented away from any adjoining residential zoning districts; and

c.

Shall be located on a city collector, county minor arterial, state minor arterial, state, or state principal arterial.

(31)

Boat repair. Boat repair shall be screened by an opaque fence or wall along all property lines visible from a public right-of-way or from adjacent properties.

(32)

Reserved.

(33)

Contractor's storage yard. Contractor's storage yard shall be screened on all sides consistent with the requirements of section 78-313, and shall be limited to vehicles, equipment, materials and supplies associated with the business or enterprise.

(34)

Data processing. Data processing shall provide proof of adequate parking for employees and visitors prior to issuance of development order approval, building permit, certificate of occupancy, or occupational license, whichever occurs first.

(35)

Day care, child or adult. Child or adult day care facilities shall conform with the applicable standards listed below.

a.

Shall be licensed by and comply with all requirements of the Palm Beach County Health Department, including Chapter 59-1698, Special Acts, Laws of Florida, as amended by Chapter 77-620, Special Acts, Laws of Florida.

b.

The minimum lot area shall be not less than 8,000 square feet.

c.

If required, a fenced outdoor recreation area of not less than 800 square feet shall be provided. The outdoor area shall be located in the rear yard in all day care centers located in residential zoning districts.

d.

A day care center shall not exceed the maximum number of children or adults approved by the city council.

e.

Shall operate not more than 18 hours per day.

f.

Shall provide a pickup and drop-off facility, including queuing, circulation, and parking spaces, acceptable to the city engineer and the growth management director.

g.

A four feet high fence or wall shall be installed along the perimeter of the outdoor play or activity area.

h.

Outdoor activity areas shall be landscaped as required by Section 78-313 of this chapter. In addition, one shade tree per 1,500 square feet of outdoor play or activity area shall be installed.

i.

All stationary play equipment, dumpsters, garbage cans or recycling bins, and similar equipment shall be located at least 50 feet from any abutting residential property line.

(36)

Day care, family. Family day care shall comply with the standards listed below.

a.

Shall comply with all applicable requirements of F.S. Chapter 402.

b.

Shall comply with all applicable requirements of the Palm Beach County Health Department, including Chapter 59-1698, Special Acts, Laws of Florida, as amended by Chapter 77-620, Special Acts, Laws of Florida.

c.

Shall not exceed an enrollment of more than five children.

d.

Shall not operate more than 18 hours per day.

(37)

Dry cleaning. Dry cleaning may include on-premise washing, drying, dry cleaning, pressing, and alterations.

(38)

Electronic repair. Electronic repair may include maintenance and repair of the following types of equipment: televisions, computers, and consumer electronics. The use shall not exceed 5,000 square feet of gross floor area in any commercial zoning district.

(39)

Urgent care. Urgent care means an establishment, which may or may not be affiliated with a hospital, providing walk-up immediate medical care but not providing emergency ambulatory care, ambulance drop-off, or overnight admission.

(40)

Marina, commercial and residential docks.

a.

Marinas are permitted as major conditional uses in certain residential and nonresidential districts, and may be approved as an element of a planned development. Any uses associated with marinas, such as fueling, repairs and maintenance, retail sales, hauling and storing, and yacht club facilities may be permitted within certain districts, as provided below.

1.

In residential districts, fueling may be allowed as an ancillary use if approved as a major conditional use.

2.

In CG-1, CG-2, PUD and PCD zoning districts, accessory uses may include fueling, repairs and maintenance, retail sales outdoor display and storage of boats, hauling and storage, and yacht club facilities.

3.

In CG-1, CG-2, PUD, and PCD zoning districts, accessory uses may include marinas offering permanent, seasonal, or transient live aboard accommodations. Marinas offering such accommodations shall provide hookup service to approved onshore potable water sources and wastewater treatment systems, if approved as part of a major conditional use.

b.

Prior to operation of marina fueling facilities, the owner or developer shall submit to the city a copy of the applicable State of Florida license, permit, or approval of the following:

1.

To operate such facilities; and

2.

Contingency plan or plans to manage and respond to pollutant discharges, spills, or other accidents. The plan shall describe the methods of fuel storage, personnel training, methods to be used to dispense fuel, and all the procedures, methods, materials, and emergency response contractors to be used if a spill occurs. The plan shall be approved by the city fire chief prior to issuance of a building permit to construct the facilities.

c.

Marinas shall prepare hurricane plans which describe measures to be taken to minimize damage to marina sites, neighboring properties, and the environment. This hurricane plan shall be submitted to the growth management department, and must be reviewed and approved by the city fire chief.

d.

All marinas shall comply with the requirements listed below.

1.

All marinas must make available sewer pump-out service capable of servicing or accepting boats inhabited overnight or boats which require pump-out service.

2.

If marina fueling facilities are developed, all measures consistent with federal, state, county, or city requirements shall be taken to prevent contamination of area waters from spillage or storage tank leakage.

e.

All applications for development order approval to establish a marina shall be accompanied by a market study indicating the need, market area, and user profile of the marina. The study shall include projected costs and revenues proving the economic feasibility of the marina.

f.

All new and expanded marinas shall demonstrate compliance with state water quality standards by implementing and maintaining a water quality monitoring program approved by the state department of environmental protection.

g.

Minimum standards. The dimensional standards established herein may be waived in bodies of water where other agencies also have jurisdiction, and the permitting regulations of those agencies allow greater maximum projections into the waterway. However, standards for boathouses may not be waived.

1.

Commercial marinas shall also meet all applicable state and federal regulations for installation and operation of marinas.

2.

Docks or boathouses shall not extend into the water more than 50 feet from the high-water shoreline or ten percent of the waterway width, whichever is less.

3.

Docks or private moorings within or adjacent to any canal located totally within a residential area shall not exceed the more than the greater of a width of five feet or ten percent of the canal width.

4.

Docks shall not be constructed with a width in excess of ten feet.

5.

Docks, mooring pilings, davits, dolphins, or other mooring facility shall not extend beyond the side setback required for the zoning district within which the property is located.

6.

Any "T" or "L" projection for a dock shall have a maximum length of 20 feet, and shall not extend beyond the side yard setback required for the zoning district within which the property is located.

7.

Mooring pilings may be located 15 feet beyond a dock, provided that the total projection of the dock and the pilings from the high-water line does not exceed the lesser of 65 feet or ten percent of the waterway width.

8.

Not more than one dock or mooring per lot shall be permitted in a residential district, except in an approved PUD or PCD.

9.

Boathouses as accessory or principal uses are prohibited when located on an upland area.

h.

The standards listed below shall apply to all boat and trailer sales.

1.

All parking areas for display and sale of boats and trailers shall be paved with asphalt, cement, or other non-dusting surface acceptable to the city engineer. Parking lots shall be constructed and maintained to prevent any surface water accumulation.

2.

All boats and trailers shall meet the setback requirements of the zoning district in which located.

3.

Boats and trailers for display and sale shall maintain the setbacks established for structures in the zoning district in which located.

4.

The standards established in subsections g.1. through g.3 as provided in this standard shall apply to existing or proposed boat and trailer sales lots.

5.

All boat or trailer sales lots shall be screened in accordance with section 78-313.

6.

Within 120 days following annexation, any boat and trailer sales shall comply with these requirements.

i.

The city shall not issue a building permit to allow construction of a marina or a dock located in a residential or nonresidential zoning district unless all required approvals, permits, or other authorizations have been issued by all federal, state, regional, or other agencies possessing jurisdiction over such structures.

(41)

Massage therapists/spa. A spa may provide beauty treatments and services such as facials and massage therapy. Massage therapists must be licensed in accordance with F.S. Ch. 480.

(41.1)

Medical spa. A medical spa shall comply with the standards listed below:

a.

The facility shall provide salon and/or spa services in combination with non-surgical cosmetic medical treatments.

b.

The facility shall not perform any surgical procedures, provide primary health care services, nor provide overnight care.

c.

All professionals shall be duly licensed to perform their respective services and/or treatments as required by the State of Florida.

d.

Accessory retail sale of items related to the provided services or treatments shall be permitted.

(42)

Personal services, general. Personal services that are not specifically listed in Table 21 may be permitted if such services rely on the unique mental or physical skills of a person, instead of a salable product resulting from their skills, typically in exchange for payment. Personal services may also include the accessory retail sale of items directly related to the service(s) being provided.

(43)

Print shop. Print shop shall not exceed 5,000 gross square feet in size in commercial zoning districts.

(44)

Self service storage. Self service storage facilities shall comply with the standards listed below.

a.

Individual storage areas shall not exceed 400 square feet.

b.

Security or caretakers quarters may be established as an accessory use, shall not exceed 1,000 square feet, and shall be utilized only by an employ of the facility.

c.

Storage of boats and recreational vehicles may be allowed, subject to the following:

1.

Storage shall occur only within a designated area, approved as part of the overall site plan;

2.

Storage area shall not exceed 25 percent of the lot area of the site;

3.

Boats shall be stored on trailers with wheels; and

4.

Storage areas shall be completely screened from public rights-of-way or adjacent residential zoning districts, utilizing either the buildings associated with the storage facility or by an opaque masonry wall, or equivalent approved by the city, at least six feet in height.

d.

Self storage buildings shall have architectural features and patterns that provide visual interest. Facades shall be designed to reduce the mass/scale of the self storage building. Building wall articulation, including fenestrations, projections, recesses, and changes in floor level shall be used to add architectural interest and variety, and to relieve the visual effect of blank walls or large areas of a plain appearance.

e.

If other building(s) exist on site, or are proposed to be located on site, the self storage building shall provide massing elements to provide a transition between the existing buildings of lower height. The self storage building shall consist of the same architectural style of the existing, or proposed, building(s).

f.

Variations in roofline shall be required to reduce the mass of the self storage building. Roof features shall be in scale with the mass of the building and complement the character of adjoining and/or adjacent buildings and neighborhoods.

g.

Gutters and downspouts, if utilized, shall be painted to match the surface to which they are attached.

h.

Self storage buildings shall meet a minimum of five of the following design treatments:

1.

Canopies or porticos, integrated with the buildings massing styles;

2.

Overhangs proportional in size to the mass of the building;

3.

Arcades, with a minimum eight-foot width;

4.

Pitched roof forms over substantial portions of the building's perimeter including gable and hip roofs;

5.

Ornamental and structural architectural details;

6.

Decorative tower features;

7.

Appreciable vertical and horizontal breaks of the plane of the building; and

8.

Exterior arched treatment on at least two sides of the building.

i.

All self storage bays shall be 100 percent indoor. Outdoor storage is prohibited within CG-1 and CG-2 zoning districts.

(44.1)

Studio, instructional. A commercial establishment providing training or instruction for compensation in martial arts, exercise, gymnastics, and related activities shall be allowed within the light industrial district (M-1A) as a minor conditional use. Such instructional studios shall comply with the criteria listed below:

a.

All studio activity shall be located indoors.

b.

Bicycle parking. Growth management staff may require bicycle racks or similar equipment as required by the use.

c.

Hours of operation. Growth management staff shall have the ability to limit hours of operation to 7:00 a.m. to 10:00 p.m. when the proposed use is located adjacent to residential zoning districts in order to minimize impacts on adjacent residential zoning districts and uses.

d.

At least 80 percent of the occupancy, excluding common areas (bathrooms, hallways, etc.), shall be used for the principal component of the use.

e.

Such use shall permit competition provided that noncurrent parking agreements that provide for adequate parking facilities are in force and effect.

f.

Transportation impacts. Growth management staff shall have the ability to request information regarding the transportation impacts and require conditions to mitigate the impacts of such impacts.

(44.2)

Studio, professional. An establishment used in the practice of artistic pursuits, including instruction for fine arts, music, photography, painting, sculpture, drama, speech, and dance shall be allowed within the light industrial district (M-1A) as a minor conditional use. Such professional studios shall comply with the criteria listed below:

a.

All studio activity shall be located indoors.

b.

Bicycle parking. Growth management staff may require bicycle racks or similar equipment as required by the use.

c.

Hours of operation. Growth management staff shall have the ability to limit hours of operation to 7:00 a.m. to 10:00 p.m. when the proposed use is located adjacent to residential zoning districts in order to minimize impacts on adjacent residential zoning districts and uses.

d.

At least 80 percent of the occupancy, excluding common areas (bathrooms, hallways, etc.), shall be used for the principal component of the use.

e.

Such use shall permit competition provided that noncurrent parking agreements that provide for adequate parking facilities are in force and effect.

f.

Transportation impacts. Growth management staff shall have the ability to request information regarding the transportation impacts and require conditions to mitigate the impacts of such impacts.

(45)

Video game and amusement parlors. Video game and amusement parlors shall comply with the standards provided below.

a.

Any video game or amusement parlor shall have at least one adult attendant who shall be on duty during all business hours.

b.

Use and sale of alcoholic beverages, controlled substances, and tobacco on the premises of an amusement parlor is prohibited.

c.

Bicycle parking. The city council may require bicycle racks or similar equipment if such use is approved.

(46)

Employment office. Employment office excludes day labor offices, labor pools, and similar construction or manual hiring facilities.