Click here to view a PDF version of DIVISION 4. DOWNTOWN OVERLAY REGULATING PLAN AND MULTI-MODAL TRANSPORTATION DISTRICT (MMTD) STANDARDS.

This article sets forth a complete description of each zoning district which comports with the 2010 Comprehensive Plan classifications. Within each district is:

(1)

A purpose and intent statement for the district as set forth in the 2010 Comprehensive Plan.

(2)

A list of allowable uses which meet the intent of the zoning district. However, zoning districts may include uses designated as special exception uses which designation does not constitute an authorization or an assurance that such special exception use will be approved at a particular location.

(3)

A series of uses, Schedule A, which includes permitted (P), restricted (R), and special exception (S) uses which more narrowly reflects district intent. If there is not a P, R, or S in a cell, the use is not allowable within the district. Restricted and special exception uses must meet the criteria in article VII of this chapter.

(4)

A series of schedules of land use development criteria relating use types to various factors. These include: Schedule B, Maximum Allowable Floor Area Standards and Schedule C, Minimum Development Standards.

(5)

A section on commercial site location standards as found in the 2010 Comprehensive Plan.

(6)

A description and buffer zone standards (section 10-177) based on adjacencies and intensities.

(7)

A description and development standards as found in the 2010 Comprehensive Plan for compatibility of adjacent uses, transportation requirements, street access requirements, environmental constraints, and infrastructure requirements.

(8)

Subsections (3), (4), (5), and (7) of this section are not applicable to the following zoning districts: RA, R-1, R-2, R-3, R-4, R-5, MH, MR-1, OR-1, OR-2, OR-3, OA-1, C-1, C-2, CM, CP, UP-1, UP-2, IC, M-1, OS, PD, PUD, and DRI, ASN-A, ASN-B, ASN-C, ASN-D, UV, CU-12, CU-18, CU-26, CU-45, and UT.

(9)

Subsection (6) is not applicable to the following zoning districts: ASN-A, ASN-B, ASN-C, ASN-D, and UV. The CU-12, CU-18, CU-26, CU-45 and UT districts provide standards modifying the applicability of subsection (6).

(Code 1984, ch. 27, § 10.3(A); Ord. No. 95-O-0025AA, 9-13-1995; Ord. No. 96-O-0033AA, § 7, 12-11-1996; Ord. No. 97-O-0027AA, §§ 6—12, 7-8-1997; Ord. No. 98-O-0028AA, §§ 3—7, 6-24-1998; Ord. No. 04-O-43AA, § 10, 6-23-2004; Ord. No. 05-O-16AA, § 8, 3-30-2005; Ord. No. 06-O-04AA, § 2, 2-22-2006; Ord. No. 08-O-30, § 1, 7-9-2008; Ord. No. 09-O-31AA, § 15, 10-29-2009)

(a)

Purpose and intent. The rural zoning district is for undeveloped and nonintensively developed acreage remotely located away from urbanized areas containing the majority of the county's present agricultural, forestry and grazing activities. In the rural zoning district land use intensities associated with urban activity are not anticipated during the timeframe of the 2010 Comprehensive Plan, due to lack of urban infrastructure and services. In the rural zoning district very low residential density (one unit per ten acres) and small scale commercial activities designed to service basic household needs of area residents are allowed as are passive recreational land uses. Industrial and ancillary commercial land uses associated directly with the timbering and/or agribusiness are permitted in the rural zoning district. The rural zoning district is intended to maintain and promote present and future agricultural and silvicultural uses and to prohibit residential sprawl into remote areas lacking basic urban infrastructure and services.

(b)

Allowable uses. For the purpose of this chapter, the following land use types are allowable in the rural zoning district and are controlled by the land use development standards of this chapter, the comprehensive plan and chart of permitted uses.

(1)

Agricultural.

(2)

Minor commercial.

(3)

Low density residential.

(4)

Passive recreation.

(5)

Active recreation.

(6)

Community services.

(7)

Light infrastructure.

(8)

Heavy infrastructure.

(9)

Post secondary.

(c)

List of permitted uses. See schedules of permitted uses, subsection 10-236(1). Nonresidential uses on these schedules are itemized according to the Standard Industrial Code (SIC). Proposed activities and uses are indicated in the schedule. The activity or use may be classified as permitted, restricted, or permitted through special exception, or not allowed. Restricted and special exception uses must meet the criteria in article VII of this chapter. Chapter 9, article II sets forth the development approval process required for allowable uses.

(d)

Development standards. All proposed development shall meet the land use development criteria specified in subsections 10-236(b) and (c); commercial site location standards (section 10-174); buffer zone standards (section 10-177); criteria of the development standards schedule (article IV, division 4 of this chapter); and parking and loading requirements (article VI of this chapter).

(Code 1984, ch. 27, § 10.3; Ord. No. 95-O-0025AA, 9-13-1995; Ord. No. 96-O-0033AA, § 7, 12-11-1996; Ord. No. 97-O-0027AA, §§ 6—12, 7-8-1997; Ord. No. 98-O-0028AA, §§ 3—7, 6-24-1998)

(a)

Purpose and intent. The urban fringe zoning district is intended to provide for low intensity development that can be accommodated without a full complement of urban services and infrastructure. The urban fringe zoning district is primarily intended to allow low-density residential development of no greater than one unit on three acres of land, agricultural, and silvicultural activities. In the urban fringe zoning district residential development will also be allowed a net density of one unit per acre if clustered on 25 percent or less of the site (allowing a gross density of up to four units per acre on the developable portion of the site). The remaining undeveloped portion of cluster sites shall be preserved as undisturbed open (green) space until such time as these sites are included in the urban service area. Subsequent to these sites inclusion in the urban service area, Type D review may be requested to authorize development of these undisturbed open (green) spaces. This clustering option shall not be permitted in the primary springs protection zone as indicated in section 10-307. To conveniently serve area residents, smaller scale, low intensity commercial development is permitted in the urban fringe zoning district. To maximize efficiency in the development of agricultural and silvicultural resources located within the urban fringe zoning district and surrounding areas, agriculturally and silviculturally related industrial activities such as milling, are permitted. Community facilities are also permitted in the urban fringe zoning district to serve the existing population as well as to accommodate anticipated population growth in areas designated for immediate inclusion (within a period of five years) in the urban service area.

(b)

Allowable uses. For the purpose of this chapter, the following land use types are allowable in the urban fringe zoning district and are controlled by the land use development standards of this chapter, the comprehensive plan and schedules of permitted uses.

(1)

Low density residential.

(2)

Agricultural.

(3)

Silvicultural.

(4)

Light industry—Agriculturally and silviculturally related only.

(5)

Passive recreation.

(6)

Active recreation.

(7)

Minor commercial.

(8)

Neighborhood commercial.

(9)

Community services.

(10)

Light infrastructure.

(11)

Heavy infrastructure.

(c)

List of permitted uses. See schedules of permitted uses, subsection 10-237(1). Nonresidential uses on these schedules are itemized according to the Standard Industrial Code (SIC). Proposed activities and uses are indicated in the schedules. The activity or use may be classified as permitted, restricted or permitted through special exception, or not allowed. Restricted and special exception uses must meet the criteria in article VII of this chapter. Chapter 9, article III of this Code sets forth the development approval process required for allowable uses.

(d)

Development standards. All proposed development shall meet the land use development criteria specified in subsection 10-237(2) and (3); commercial site location standards (section 10-174); buffer zone standards (section 10-177); criteria of the development standards schedule (article IV, division 4 of this chapter); and parking and loading requirements (article VI of this chapter).

(e)

Restricted uses. If uses are restricted according to the schedule of permitted uses, they must follow the general development guidelines for restricted uses as provided in article VII of this chapter. Specific restricted uses are addressed in this subsection and in article VII of this chapter.

(1)

Eating and drinking establishments (SIC 581): No drive-in or drive-thru facilities are permitted within this district.

(2)

Laundry, cleaning and garment services (SIC 721): Does not include dry cleaning plant operations. Pick-up stations only.

(3)

Funeral services and crematoriums (SIC 726): This use requires 100 percent opacity surrounding perimeter with exception of access point.

(Code 1984, ch. 27, § 10.3(C); Ord. No. 95-O-0025AA, 9-13-1995; Ord. No. 96-O-0033AA, § 7, 12-11-1996; Ord. No. 97-O-0027AA, §§ 6—12, 7-8-1997; Ord. No. 98-O-0028AA, §§ 3—7, 6-24-1998; Ord. No. 08-O-68AA, § 3, 2-25-2009)

(a)

Zoning districts established. The land use element of the city-county comprehensive plan created suburban, urban residential and urban residential 2 future land use categories. The following zoning districts implement the above categories as follows:

(1)

Suburban.

a.

RA Residential Acre

b.

R-1 Single-Family Detached Residential District

c.

R-2 single-Family Detached Residential District

d.

R-3 Single-Family and Two-Family Residential District

e.

R-4 Single-, Two-Family, and Multi-Family Residential District

f.

R-5 Manufactured Home and Single-Family Detached District

g.

MH Manufactured Home Park District

h.

MR Medium Density Residential District

i.

MR-1 Medium Density Residential District

j.

OR-1 Office Residential District

k.

OR-2 Office Residential District

l.

OR-3 Office Residential District

m.

OA-1 Airport Vicinity District

n.

C-1 Neighborhood Commercial District

o.

C-2 General Commercial District

p.

CM Medical Arts Commercial District

q.

CP Commercial Parkway District

r.

UP-1 Urban Pedestrian District

s.

UP-2 Urban Pedestrian District

t.

M-1 Light Industrial District

u.

PD Planned Development

v.

PUD Planned Unit Development District

w.

DRI Development of Regional Impact District

x.

OS Open Space

y.

IC Interchange Commercial

(2)

Urban residential.

a.

R-3 Single Family Detached, Attached Two-Family Residential

b.

R-4 Urban Residential

(3)

Urban residential 2.

a.

RA Residential Acre

b.

R-1 Single Family Detached Residential

c.

R-2 Single Family Detached Residential

d.

R-3 Single Family Detached, Attached Two Family Residential

e.

R-4 Urban Residential

f.

R-5 Manufactured Home and Single Family Detached

g.

MH Manufactured Home Park

h.

MR Medium Density Residential

i.

MR-1 Medium Density Residential

(b)

Uses and locational standards. Allowable uses and locational standards for each of these districts are set forth in article IV, division 4 of this chapter.

(Code 1984, ch. 27, § 10.3(D); Ord. No. 95-O-0025AA, 9-13-1995; Ord. No. 96-O-0033AA, § 7, 12-11-1996; Ord. No. 97-O-0027AA, §§ 6—12, 7-8-1997; Ord. No. 98-O-0028AA, §§ 3—7, 6-24-1998; Ord. No. 05-O-40AA, § 4, 7-13-2005; Ord. No. 09-O-06, § 2, 3-25-2009)

Editor's note— Ord. No. 09-O-06, § 2, adopted March 25, 2009, changed the title of section 10-164 from "Mixed use A, B, and C" to "Suburban, urban residential and urban residential 2."

(a)

Purpose and intent of district. The planned unit development planned unit development zoning district is intended to provide a method by which proposals for a unique zoning district which are not provided for or allowed in the zoning districts otherwise established by this chapter may be evaluated. The planned unit development district may be located in any future land use category established by the comprehensive plan. The standards and procedures of this district are intended to promote flexibility of design and permit planned diversification and integration of uses and structures, while at the same time retaining in the city commission the absolute authority to establish such limitations and regulations as it deems necessary to protect the public health, safety, and general welfare. In so doing, the planned unit development district is intended to:

(1)

Promote more efficient and economic uses of land.

(2)

Provide flexibility to meet changing needs, technologies, economics, and consumer preferences.

(3)

Encourage uses of land which reduce transportation needs and which conserve energy and natural resources to the maximum extent possible.

(4)

Preserve to the greatest extent possible, and utilize in a harmonious fashion, existing landscape features and amenities.

(5)

Provide for more usable and suitably located recreational facilities, open spaces and scenic areas, either commonly owned or publicly owned, than would otherwise be provided under a conventional zoning district.

(6)

Lower development and building costs by permitting smaller networks of utilities and streets and the use of more economical building types and shared facilities.

(7)

Permit the combining and coordinating of land uses, building types, and building relationships within a planned development, which otherwise would not be provided under a conventional zoning district.

(b)

Eligibility. Urban planned unit developments are encouraged in this district. Please see section 10-200 for detailed criteria and procedures. The planned unit development district is designed to allow an applicant to submit a proposal for consideration, for any uses or any mixture of uses that are consistent with the comprehensive plan, and to allow the city commission to approve any proposal which it determines to be in the best interest of the public health, safety, and welfare, along with any conditions or requirements or limitations thereon which the city commission deems advisable. The approval of planned unit development rezoning requests rests with the city commission. However, no rezoning to a planned unit development zoning district shall be eligible for approval unless the following minimum conditions are met:

(1)

Minimum area for a planned unit development zoning district. The minimum area required for an application to a planned unit development district is three acres with the following exception: properties subject to development which are required by schedule 10.3 development standards and/or comprehensive plan to be filed as a planned unit development or site plan review required. In such cases, there is no minimum size requirement.

(2)

Configuration of the planned unit development zoning district. The tract or tracts of land for which the planned unit development zoning district is made shall be adjoining with sufficient width and depth to accommodate the proposed use. A tract of land within the planned development future land use category that is divided by the dedication of right-of-way from a landowner to, or created through the amicable resolution of a condemnation proceeding by a governmental entity, shall be considered adjoining for purposes of creating a planned unit development zoning district.

(3)

Unified control/ownership. All land included for the purpose of development within a planned unit development district shall be owned by or be under the complete control of the applicant for such zoning designation, whether the applicant be an individual, partnership, corporation, other entity, group, or agency. The applicant shall provide the city all of the necessary documents and information that may be required by the city attorney to assure the city that the development project may be lawfully completed according to the plans sought to be approved. No application shall be considered until the requirements of this section have been fully complied with.

(c)

Review process. An application for a planned unit development zoning district shall consist of a planned unit development concept plan and a planned unit development final development plan. A planned unit development zoning district is established when a planned unit development concept plan is approved by the city commission.

(1)

Planned unit development concept plan. A planned unit development concept plan is a generalized plan which shows the proposed use and maximum density or intensity of all lands within a planned unit development zoning district in accordance with the information set forth in subsection (d) of this section. Once a planned unit development concept plan is approved by the city, the subject properties will be designated planned unit development on the official zoning map of the city.

a.

Preapplication or post-application conference. An application for a preapplication or post-application conference may be submitted to the city in accordance with established policies and procedures.

b.

Planned unit development concept plan application. A planned unit development concept plan application shall be submitted in accordance with the submittal requirements set forth in subsection (d) of this section.

c.

Public notification. Public notice of the development review committee shall be given at least five calendar days in advance of the development review committee meeting by publication in a newspaper of regular and general circulation in the city and the county, as well as in one other newspaper. In addition, written notice shall be mailed within ten calendar days after an application has been determined to be complete to the current address (based on records of the county property appraiser's office) of each property owner and tenant within 1,000 feet of the project and to registered neighborhood associations. Due notice shall be given of the planning commission public hearings consistent with this Code and with the planning commission bylaws, and due notice shall be given of the city commission public hearings consistent with F.S. § 166.041(3). In addition, public notice of the planning commission and city commission public hearings shall be timely given in a second newspaper, and written notice of the planning commission and city commission public hearings shall be mailed to owners and tenants within 1,000 feet of the project in the development review committee notice. In cases in which formal proceedings are conducted under chapter 2, article III, division 2, subdivision II, of this Code, the notice for the public hearing held by the planning commission shall apply only to the public hearing on the recommended order from the administrative law judge.

d.

Development review committee review. The development review committee shall review a planned unit development concept plan application at a regularly scheduled meeting to determine if the application complies with the comprehensive plan and other applicable land development regulations adopted by the city. The development review committee shall prepare an itemized list of written findings of fact which supports a recommendation of approval, approval with conditions, or denial of a planned unit development concept plan. The written findings of the development review committee shall be forwarded to the planning commission. Meetings of the development review committee shall be conducted in accordance with established policies and procedures.

e.

Planning commission review. The planning commission shall review the planned unit development concept plan and the written findings of fact of the development review committee, and conduct a public hearing in order to formulate a recommendation to the city commission on approving, approving with conditions, or denying a planned unit development concept plan. The recommendation of the planning commission shall be supported by written findings of fact. Meetings of the planning commission shall be conducted in accordance with established policies and procedures. Formal proceedings before the planning commission may be requested in accordance with chapter 2, article III, division 2, subdivision II, of this Code.

f.

City commission review. The city commission shall review the planned unit development concept plan, the recommendation and written findings of the development review committee and the planning commission, and conduct a public hearing. The city commission will then approve, approve with conditions, or deny the planned unit development concept plan. The decisions of the city commission shall be final and shall be supported by written findings. Meetings of the city commission shall be conducted in accordance with established policies and procedures.

g.

Revisions to the planned unit development concept plan. The applicant shall have 90 days from the date of the city commission meeting when final action is taken to submit a revised planned unit development concept plan to include any conditions of approval for the planned unit development concept plan imposed by the city commission. Any such changes shall be reviewed for acceptance by the development review committee members or their designees within ten days of receipt and shall bear the signature of the development review committee members or their designees before the planned unit development concept plan can be accepted as the approved planned unit development concept plan. Upon written request from the applicant, one 90-day extension may be granted to the applicant by the planning department director for submittal of the revised planned unit development concept plan. Failure by the applicant to submit a revised site plan within the time frames specified in this section shall deem the site plan null and void.

h.

Amendments to planned unit development concept plan.

1.

Minor amendments. The growth management department may approve minor amendments to the planned unit development concept plan during the review of a planned unit development final development plan. Minor amendments shall be those amendments that do not substantially affect the overall character of the planned unit development concept plan. Proposed amendments which result in the following shall not be considered minor amendments: an increase in the overall number of residential dwelling units or nonresidential building square feet; a substantial decrease in the amount of acres devoted to common open space and/or natural area; or a substantial change in the general location of the proposed land uses, including the common open space and/or natural areas.

2.

Major amendments. Any amendment to the planned unit development concept plan, which does not constitute a minor amendment, shall be reviewed as a new planned unit development concept plan. The property which is the subject of an amendment must be under unified control or ownership as provided by subsection (b)(3) of this section. However, the property which is the subject of an amendment may be under separate ownership or control than the remaining properties within the planned unit development. Each property owner within the planned unit development shall be provided with notice by U.S. mail, mailed at least five calendar days before the hearing, concerning any hearing on a proposed amendment before the development review committee, planning commission or city commission.

(2)

Planned unit development final development plan. A planned unit development final development plan is a detailed development plan which is prepared to scale showing accurately and with complete dimensioning the boundaries of a site and the location of all buildings, structures, land uses, and principal site development features proposed. The submittal requirements, review process, and minimum standards that apply to a planned unit development final development plan are set forth in the site plan review procedures of chapter 9, article III of this Code. At the option of the applicant, a planned unit development concept plan may be reviewed simultaneously with a planned unit development final development plan. The submittal requirements of such a review may be determined at a preapplication conference.

(3)

Consolidated planned unit development concept/final development plan. A unified planned unit development concept/final development plan consists of an application which includes all submittal requirements for a planned unit development concept plan and planned unit development final development plan outlined in subsection (d) of this section and chapter 9, article II, of this Code, submitted for review as a single entity. The unified PUD concept/final development plan is subject to the review process outlined in this subsection (c).

(d)

Submittal requirements.

(1)

Planned unit development concept plan. A planned unit development concept plan shall consist of the graphic or textual information itemized in subsections (d)(1)a. through c. of this section. Adjustments to this information may be made at the preapplication conference.

a.

A general plan for the use of all lands within the proposed planned unit development. Such plans shall indicate the general location of residential areas (including density and unit types), open space, parks, passive or scenic areas, and commercial areas (including building square footage and height).

b.

A plan of vehicular and pedestrian circulation showing the general locations and right-of-way widths of roads, sidewalks, the capacity of the system and access points to the external and internal thoroughfare network. The development plans for a tract of land zoned planned unit development within the planned development future land use category that is considered adjoining even though divided by the dedication of right-of-way from a landowner to, or created through the amicable resolution of a condemnation proceeding by a governmental entity, shall provide pedestrian, bicycle, and vehicular connections across new and existing right-of-way(s).

c.

Quantitative summary of land uses (maximum acres, maximum nonresidential building square feet, maximum number of residential dwelling units). A report shall be submitted to the city that includes a statement indicating how the proposed development complies with the comprehensive plan and a general description of the proposed development including:

1.

The total acreage of the project.

2.

The number of acres proposed to be developed in the various categories of land shown on the concept plan; the percentage of total acreage represented by each category of use and each component of development; and an itemized list of uses proposed for each of the components which shall be the range of uses permitted for that section of the planned unit development.

3.

The number and type of dwelling units proposed for the overall site and for its components, including dwelling unit per acre calculations and population projections for each or for nonresidential projects, gross square footage devoted for each land use.

4.

The establishment of minimum development standards which shall govern the site and development such as lot shape and size, internal streets and pedestrian ways, open space provisions, off-street parking, buffers and landscape areas.

5.

A binding commitment to develop the property in accordance with the approved concept plan and conditions of approval. The commitment shall bind all subsequent owners.

6.

A site conditions map which includes:

i.

Legal description and boundary survey signed and sealed by a registered state land surveyor.

ii.

Name of the planned unit development; owner; subdivider/lessee/optionee (if applicable), and address and phone number of each; surveyor and engineer of record; and date of drawing.

iii.

Scale, date, north arrow, and general location map showing relationship of the site to external uses, structures, and features.

iv.

Boundaries of the subject property, all existing streets, buildings, water courses, easements, section lines, and other important physical features.

v.

Existing topography (latest United States Department of the Interior Geological Survey).

vi.

The location and size of all existing drainage facilities and a utility concept plan.

vii.

Information about the existing vegetative cover and general soil types, and their appropriateness for the proposed project.

viii.

The location and function of all other existing public facilities which would serve the residents of the site including but not limited to schools, parks, and fire stations. The requirements to provide this information may be waived for small projects. If required, notation of this information on a scaled map is acceptable.

7.

An environmental analysis approved by the city growth management department, in accordance with the applicable provisions of chapter 5 of this Code.

8.

A preliminary certificate of concurrency issued by the city of growth management department.

9.

A completed school impact analysis form for projects proposing residential land use or projects located adjacent to residential development.

(2)

Planned unit development final development plan. For information on the submittal requirements for planned unit development final development plans, refer to chapter 9, article III of this Code.

(e)

Review criteria. In evaluating a proposed planned unit development district, the city shall consider the criteria established in this subsection. The consideration of each criteria by the city shall be documented by written findings.

(1)

Consistency with the comprehensive plan. The proposed planned unit development district shall be consistent with the comprehensive plan.

(2)

Consistency with other ordinances. The proposed planned unit development district shall be consistent with all other ordinances adopted by the city, including but not limited to the applicable environmental and concurrency management ordinances.

(3)

Consistency with purpose and intent of planned unit development district. An application for a planned unit development district shall indicate how the proposed planned unit development district meets the purpose and intent of the planned unit development district, as set forth in subsection (a) of this section. The narrative shall address the statements itemized in subsections (a)(1) through (7) of this section.

(4)

School considerations. For projects proposing residential land use or located adjacent to residential development, review and consider the recommendations of the school board and school board staff on the following matters:

a.

Providing school sites and facilities within planned neighborhoods;

b.

Land uses and infrastructure adjacent to existing schools and reserved school sites;

c.

The co-location of parks, recreation and community facilities with school sites;

d.

The linkage of schools, parks, libraries and other public facilities with bikeway trails, and sidewalks;

e.

Traffic circulation plans to serve schools and surrounding neighborhood(s);

f.

Providing off-site signalization, signage, access improvements and sidewalks to serve all schools;

g.

The inclusion of school bus stops and turnarounds in new developments;

h.

Available school capacity or planned improvements to increase school capacity.

(f)

Status of previously approved planned unit developments. Any planned unit development project approved prior to November 1, 1997 shall continue to be governed by the approved planned unit development plan and any agreements, terms, and conditions to which the approval may be subject and shall be designated planned unit development on the official zoning map if it is located in its entirety or in part within a Urban Residential, Urban Residential 2 or Suburban future land use category.

(g)

Creating standards in a planned unit development that vary from certain standards in chapters 7, 9, and 10 of the Land Development Code.

(1)

Sign code. The city commission may approve different standards from the requirements of chapter 7, sign code, article III, requirements and prohibitions provided that the proposed sign standards adopted in the PUD are not less restrictive than would be required pursuant to the existing code. If a PUD deviates from the requirements in chapter 7, sign code, a sign plan must be included with the PUD application which addresses the following elements:

a.

Cite specific sections of chapter 7 which are being deviated from;

b.

Location of each proposed sign;

c.

Description of the types of each proposed sign;

d.

Maximum copy area of each proposed sign;

e.

Any other elements determined necessary by growth management staff.

(2)

Street design. The city commission may approve different standards from the requirements of subsection 9-112(b) street design standards, provided that the applicant can demonstrate to the satisfaction of the city commission that the proposed standards will not adversely impact vehicular circulation within the planned unit development or to adjacent properties and that roadways remain safe and efficient.

(3)

Development standards. If the applicant demonstrates to the satisfaction of the city commission that the imposition of the proposed development standards will not adversely affect the compatibility of the PUD with surrounding land uses and nearby neighborhoods, the city commission may approve different standards from the normal requirements of the following sections in chapter 10, zoning.

a.

Article IV, zoning districts and development standards, for setback standards, height standards, lot coverage standards, building size standards, accessory use standards;

b.

Article VI, off-street parking, loading and vehicular interconnection requirements;

c.

Section 10-177, buffer standards;

d.

Section 10-411, accessory structures;

e.

Section 10-412, accessory uses; and

f.

Section 10-427, lighting standards.

(4)

Site circulation. The city commission may approve different standards from the normal requirements of chapter 10, zoning, for the purpose of improving site circulation, including but not limited to, the widths of drive aisles, turn-around requirements, and onsite sidewalk requirements, provided the applicant can demonstrate to the satisfaction of the city commission that the proposed standards will not adversely impact pedestrian and vehicular circulation within the planned unit development or to adjacent properties and that roadways remain safe and efficient.

(5)

Permitted uses. Any use may be allowed that is consistent with the future land use map category designated under the comprehensive plan, except that communication antenna support structures shall be allowed only when specifically listed as a permitted principal use.

(Code 1984, ch. 27, § 10.3(E); Ord. No. 95-O-0025AA, 9-13-1995; Ord. No. 96-O-0033AA, § 7, 12-11-1996; Ord. No. 97-O-0027AA, §§ 6—12, 7-8-1997; Ord. No. 01-O-28AA, § 7, 10-24-2001; Ord. No. 01-O-64AA, § 4, 10-24-2001; Ord. No. 04-O-28AA, § 4, 3-31-2004; Ord. No. 05-O-57, § 6, 10-26-2005; Ord. No. 08-O-12, § 2, 2-27-2008; Ord. No. 08-O-13AA, § 10, 10-22-2008; Ord. No. 09-O-31AA, § 16, 10-29-2009; Ord. No. 11-O-26AA, § 1, 11-22-2011; Ord. No. 12-O-18AA, § 2, 5-23-2012; Ord. No. 13-O-23, § 1, 10-23-2013; Ord. No. 13-O-25, § 1, 10-23-2013; Ord. No. 18-O-35, §§ 2, 3, 1-30-2019; Ord. No. 19-O-07, § 11, 4-24-2019)

A development of regional impact is a development, which because of its character, magnitude, or location, would have a substantial effect upon the health, safety or welfare of citizens of more than one county. Development standards in the development of regional impact zoning district shall be those approved in the development order for the development of regional impact. If no development standards were approved in the development order for the development of regional impact, then development standards shall be established at the time that site plans and/or subdivision plats are submitted for review for each individual component of the development of regional impact. Such development standards shall be consistent with the development standards of any previously approved site plan and/or subdivision in the development of regional impact and the overall character of the development of regional impact. Procedures for review and standards for approval of developments of regional impact are found in F.S. ch. 380, and the rules promulgated thereunder. Applications for new developments of regional impact shall follow the procedure set forth in section 9-157 of this Code (type D review) of this chapter and F.S. ch. 380. The procedures for review of the individual components of the development of regional impact are set forth in chapter 9, article III of this Code. A Florida Quality Development (FQD) is a type of development or regional impact governed by the procedures and review standards of F.S. § 380.061, and the rules promulgated thereunder. Prior to city commission consideration of any proposed change to an approved development of regional impact, the planning commission shall review the proposed change or request for determination of substantial deviation at a public meeting and transmit its recommendation to the city commission for consideration. Any development of regional impact project approved prior to November 1, 1997, shall continue to be governed by the approved development of regional impact's development order and any agreements, terms, and conditions to which the approval may be subject and shall be designated development of regional impact on the official zoning map for that portion of the development of regional impact located in a suburban, urban residential, or urban residential 2 future land use category.

(Code 1984, ch. 27, § 10.3(F); Ord. No. 95-O-0025AA, 9-13-1995; Ord. No. 96-O-0033AA, § 7, 12-11-1996; Ord. No. 97-O-0027AA, §§ 6—12, 7-8-1997; Ord. No. 09-O-06, § 3, 3-25-2009)

(a)

Purpose and intent. The purpose and intent of the high intensity urban activity center district is to establish an urban activity center providing for community wide or regional commercial activities located in proximity to multifamily housing and office employment centers. The high intensity urban activity center district is intended to provide large scale commercial activities to serve the retail market of region as well as the community. The intense commercial of the high intensity urban activity center district promotes the efficiency of the transportation system through consolidation of trips and discouragement of the unabated sprawl of commercial activities. Planned, integrated development is required to promote synergy between the different allowable land uses in the high intensity urban activity center district. An integrated pedestrian and bicycle access system shall be provided to afford safe and accessible foot and bike travel between the land uses. The high intensity urban activity center district is intended to facilitate efficient traffic flow by allowing only land uses developed with comprehensively planned access, egress, and internal circulation systems. The high intensity urban activity center district will also allow residential development of complimentary intensity of 16 to 45 dwelling units per acre.

(b)

Allowable uses. For the purpose of this chapter, the following land use types are allowable in the high intensity urban activity center district and are controlled by the land use development standards of this chapter, the comprehensive plan and schedules of permitted uses.

(1)

Minor commercial.

(2)

Neighborhood commercial.

(3)

Community commercial.

(4)

Regional commercial.

(5)

Highway commercial.

(6)

Minor office.

(7)

Major office.

(8)

Office park.

(9)

Medium density residential.

(10)

High density residential.

(11)

Passive recreation.

(12)

Active recreation.

(13)

Community services.

(14)

Light infrastructure.

(15)

Post secondary.

(16)

Light industrial—minor.

(c)

List of permitted uses. See schedules of permitted uses, subsection 10-238(1). Nonresidential uses on these schedules are itemized according to the Standard Industrial Code (SIC). Proposed activities and uses are indicated in the schedules. The activity or use may be classified as permitted, restricted or permitted through special exception, or not allowed. Restricted and special exception uses must meet the criteria in article VII of this chapter. Chapter 9, article III of this Code sets forth the development approval process required for allowable uses.

(d)

Development standards. All proposed development shall meet the land use development criteria specified in subsections 10-238(2) and (3); commercial site location standards (section 10-174); buffer zone standards (section 10-177); criteria of the development standards schedule (article IV, division 4 of this chapter); and parking and loading requirements (article VI of this chapter).

(Code 1984, ch. 27, § 10.3(G); Ord. No. 95-O-0025AA, 9-13-1995; Ord. No. 96-O-0033AA, § 7, 12-11-1996; Ord. No. 97-O-0027AA, §§ 6—12, 7-8-1997)

(a)

Purpose and intent. The central urban districts are intended to provide residential (one to 45 du/ac), employment (includes manufacturing), office and commercial activities; encourage infill and intensive development of existing urban areas with readily available services and infrastructure; and actual siting of land uses within category dependent on-site location criteria. Land use intensity in the central urban districts is intended to be higher due to presence of requisite infrastructure and location to employment and activity centers. The central urban districts allow for bonus density or incentives for the creation of low and very low income housing. Emphasis is placed upon the allowance of such complimentary activities and uses as post-secondary institutional, high-density residential, neighborhood commercial, entertainment establishments, and active recreation. The location of such uses in the close proximity of this district maximizes opportunities for pedestrian and bicycle traffic, reducing the need for automobile dependency and the demand for parking.

(b)

Lake Bradford Road commercial corridor.

(1)

Drive-in facilities permitted. The Gaines Street revitalization plan adopted by the city commission by Resolution 00-R-45 implements the Lake Bradford Road commercial corridor. The Lake Bradford Road commercial corridor, depicted on the map below, is hereby designated to permit highway commercial services and related uses, including drive-in facilities for within the Gaines Street districts identified in section 10-428. Drive-in facilities are prohibited in the Gaines Street districts except for those portions within the Lake Bradford Road commercial corridor, as provided in this paragraph.

(2)

Vehicular use areas landscaping required. Subsection 5-85(k) shall apply in the corridor to increase landscaping to enhance the entrance into the Gaines Street districts. Drive-in facilities are prohibited in the Gaines Street districts except as provided in this paragraph.

(c)

Providence Neighborhood overlay. The Providence Neighborhood Renaissance Plan adopted by the city commission by resolution 03-R-39 implements the Providence Neighborhood overlay. Properties within the Providence Neighborhood Overlay may be zoned central urban-18, central urban-26, or central urban-45 only. The Providence Neighborhood overlay, depicted on the map below, is hereby designated to specify uses that are allowed or prohibited within the overlay, as follows:

(1)

Uses in central urban-45. Allow all uses permitted in section 10-239.4, central urban-45, except for the following uses, which are prohibited:

a.

Cocktail lounge and bar;

b.

Retail package liquor;

c.

Pet day care;

d.

Hotels, motels, inns, SRO hotels, and boarding houses.

(2)

Uses in central urban-18 and central urban-26. Permitted principal uses within the Providence Neighborhood overlay zoned central urban-18 and central urban-26 are limited to the following;

a.

Residential, any dwelling unit type;

b.

Passive recreation;

c.

Active recreation limited to daytime hours;

d.

Community facilities;

e.

Daycare facilities;

f.

Personal services;

g.

Accessory uses as specified in sections 10-239.2 and 10-239.3.

All other uses are prohibited in areas within the overlay zoned central urban-18 and central urban-26.

(3)

Prohibited uses in overlay. Outdoor storage and outdoor display of merchandise overnight shall be prohibited in the overlay.

(d)

Allowable uses. For the purpose of this chapter, the following is a summary of the land use types that are allowed in the different central urban districts. The location of these uses is controlled by the development standards of each district, the comprehensive plan and schedules of permitted uses.

(1)

Low density residential.

(2)

Medium density residential.

(3)

High density residential.

(4)

Minor commercial.

(5)

Neighborhood commercial.

(6)

Community commercial.

(7)

Highway commercial.

(8)

Minor office.

(9)

Major office.

(10)

Office park.

(11)

Passive recreation.

(12)

Active recreation.

(13)

Community services.

(14)

Post secondary.

(15)

Light industrial—minor.

(16)

Light infrastructure.

(e)

List of permitted uses. See each schedule of permitted uses in subsections 10-239.1.(2) central urban-12, 10-239.2 (2). central urban-18, 10-239.3 (2) central urban-26, and 10-239.4 (2) central urban-45. In the central urban districts, permitted uses are listed by use type. Chapter 9, article III sets forth the development approval process required for allowable uses.

(f)

Development standards. In the central urban districts, specific development standards are listed within each district.

(g)

Specific restrictions. Specific restricted uses are addressed below and in article VII.

Eating and drinking establishments: No drive-in or drive-thru facilities are permitted within the central urban districts. However, drive-in facilities are permitted within the Lake Bradford Road commercial corridor as provided in this section. See subsection (b).

(Code 1984, ch. 27, § 10.3(H); Ord. No. 95-O-0025AA, 9-13-1995; Ord. No. 96-O-0033AA, § 7, 12-11-1996; Ord. No. 97-O-0027AA, §§ 6—12, 7-8-1997; Ord. No. 01-O-28AA, § 8, 10-24-2001; Ord. No. 06-O-04AA, § 3, 2-22-2006; Ord. No. 07-O-24AA, § 2, 5-23-2007; Ord. No. 08-O-19AA, § 2, 7-9-2008; Ord. No. 09-O-18, § 2, 5-27-2009)

Editor's note— Ord. No. 16-O-17, § 1, adopted October 26, 2016, repealed the former section 10-169 in its entirety, which pertained to the lake protection district, and derived from the Code of 1984, ch. 27, § 10.3(I); Ord. No. 95-O-0025AA, adopted September 13, 1995; Ord. No. 96-O-0033AA, § 7, adopted December 11, 1996; Ord. No. 97-O-0027AA, §§ 6—12, adopted July 8, 1997, and Ord. No. 06-O-03, § 1, adopted April 26, 2006.

(a)

Purpose and intent.

(1)

The residential preservation district is characterized by existing homogeneous residential areas within the community which are predominantly accessible predominantly by local streets. The primary function of the residential preservation district is to protect existing stable and viable residential areas from incompatible land uses and density intrusions. Commercial, retail, office and industrial activities are prohibited in the residential preservation district (certain nonresidential activities may be permitted as home occupations—see article VII of this chapter, supplementary regulations). Single-family, duplex residences, mobile home and cluster housing may be permitted in the residential preservation district within a range of zero to six units per acre. Compatibility with surrounding residential type and density shall be a major factor in the authorization of development approval and in the determination of the permissible density. No development in the residential preservation district shall be permitted which violates the provisions of policy 2.1.1 of the future land use element of the 2010 Comprehensive Plan.

(2)

For residential preservation areas outside the urban service area the density of the nonvested development in residential preservation area shall be consistent with the underlying land use category: no more than one unit per ten acres in the rural category; no more than one dwelling unit per acre (clustered) or one dwelling unit per three acres (not clustered) in the urban fringe category. The residential preservation land use category is divided into five zoning districts based upon existing development patterns and service provision:

a.

RP-1;

b.

RP-2;

c.

RP-MH;

d.

RP-UF; and

e.

RPR.

(3)

The intent of the districts listed in subsections (2)a. through e. of this section are as follows:

a.

The RP-1 district is intended to apply to residential development in areas designated "residential preservation" on the future land use map, preserving single-family residential character, protecting from incompatible land uses, and prohibiting densities in excess of 3.6 dwelling units per acre.

b.

The RP-2 district is intended to apply to residential development in areas designated "residential preservation" on the future land use map, preserving the low density residential character of single-family, two-unit townhouse and duplex residential development, protecting from incompatible land uses, and prohibiting densities in excess of six dwelling units per acre.

c.

The RP-MH district is intended to apply to residential development in areas designated "residential preservation" on the future land use map, preserving the low density residential character of manufactured home, mobile home, and conventional single-family and duplex residential development, providing protection from incompatible land uses and intensities, and prohibiting densities in excess of six dwelling units per acre.

d.

The RP-UF district is intended to apply to residential development in areas designated as both "urban fringe" and "residential preservation" on the future land use map, preserving the low intensity residential character of conventional single-family residential and manufactured home, mobile home, development, protecting from incompatible land uses and intensities, preventing the premature development of land at intensities not supportable by existing infrastructure or services, and prohibiting densities in excess of 3.6 dwelling units per acre in platted subdivisions, one dwelling unit per acre (net) for clustered developments on unplatted lots, or one unit per three acres, for all other developments.

e.

The RP-R district is intended to apply to residential development in areas designated as both "rural" and "residential preservation" on the future land use map, preserving the very low density rural residential character of conventional single-family residential and manufactured home, mobile home, development, protecting from incompatible land uses and intensities, preventing inefficient development patterns, and prohibiting densities in excess of 3.6 dwelling units per acre in platted subdivisions, or one dwelling unit per ten acres on unplatted lots.

(4)

Applications for rezoning to any and all of the residential preservation districts shall include review to ensure compatibility with existing and surrounding residential type and density.

(b)

Allowable uses. For the purpose of this chapter, the following land use types are allowable in the RP-1, RP-2, RP-MH, RP-UF and RP-R zoning districts and are controlled by the land use development standards of this chapter, the comprehensive plan and schedules of permitted uses.

(1)

Low density residential.

(2)

Passive recreation.

(3)

Active recreation.

(4)

Community services.

(5)

Light infrastructure.

(c)

List of permitted uses. See schedules of permitted uses, subsections 10-241(a) and (b). Some of the uses on these schedules are itemized according to the standard industrial code (SIC). Proposed activities and uses are indicated in the schedules. The activity or use may be classified as permitted, restricted or permitted through special exception, or not allowed. Restricted and special exception uses must meet the criteria in article VII of this chapter. Chapter 9, article III of this Code sets forth the development approval process required for allowable uses.

(d)

Development standards. All proposed development shall meet the land use development criteria specified in subsection 10-241(b); commercial site location standards (section 10-174); buffer zone standards (section 10-177); criteria of the land development standards schedule (article IV, division 4 of this chapter); and parking and loading requirements (article VI of this chapter).

(Code 1984, ch. 27, § 10.3(J); Ord. No. 95-O-0025AA, 9-13-1995; Ord. No. 96-O-0033AA, § 7, 12-11-1996; Ord. No. 97-O-0027AA, §§ 6—12, 7-8-1997; Ord. No. 02-O-88AA, § 2, 10-23-2002)

(a)

Purpose and intent.

(1)

The university transition zoning district is intended to complement three major public post secondary educational institutions; Florida State University (FSU), including Innovation Park; Florida Agricultural and Mechanical University (FAMU); and Tallahassee Community College; allowing for land uses and activities typically required by students, faculty, and other university personnel. The district is also intended to accommodate the growth and expansion of these institutions, as well as the establishment of university-related research and development businesses and industries. The provision of student housing and prevention of housing displacement are integral to the viability of the university transition district. Another function of the university transition district is to provide for a compatible transition between the land uses and activities established within this district and the uses found in the more intensive downtown zoning district and the less intensive single-family residential zoning districts (RP-1, RP-2, R-1, R-2).

(2)

Emphasis in this division is placed upon the allowance of such complementary activities and uses as post-secondary institutional, high density residential at a density of up to 50 dwelling units per acre, neighborhood commercial, entertainment establishments, and active recreational. The location of such uses in close physical proximity maximizes opportunities for pedestrian and bicycle traffic and reduces automobile dependency and the demand for parking. Additionally, multi-family residential and mixed-use projects within the central core, as defined in the comprehensive plan, are allowed up to a 35 percent density bonus in addition to the maximum allowable 50 dwelling units per acre, subject to the provisions of sections 10-200 and 10-280.7.

(3)

It is anticipated that the provisions of the university transition district will be periodically revised and modified to reflect changes in the Florida State University and Florida Agricultural and Mechanical University master plans and the continued revisions of the downtown improvement plan.

(4)

Urban planned unit developments. Urban planned unit developments are encouraged in this district. Please see section 10-200 for detailed criteria and procedures.

(b)

Allowable uses. For the purpose of this chapter, the following land use types are allowable in the university transition zoning district and are controlled by the land use development standards of this chapter, the comprehensive plan and schedules of permitted uses. The uses are listed in order of consistency with the district intent:

(1)

Post-secondary.

(2)

High-density residential.

(3)

Neighborhood commercial.

(4)

Active recreation.

(5)

Medium-density residential.

(6)

Minor office.

(7)

Minor industrial (university research or development related).

(8)

Low-density residential.

(9)

Passive recreation.

(10)

Minor commercial.

(11)

Community services.

(12)

Light infrastructure.

(13)

Major office.

(14)

Community commercial.

(15)

Office park (no residential component).

(c)

List of permitted uses. See permitted uses, section 10-242. The activity or use may be classified as principal accessory, or permitted through special exception. Special exception uses must meet the criteria in article VII. Chapter 9, article III sets forth the development approval process required for allowable uses.

(d)

Development standards. All proposed development shall meet the land use development standards specified in subsections 10-242.5—10-242.19; and parking and loading requirements (article VI).

(e)

Specific restrictions. If uses are restricted according to the permitted use subsection, they must follow the general development guidelines for restricted uses as provided in section 10-242. Specific restricted uses are addressed in article section 10-422.

(Code 1984, ch. 27, § 10.3(K); Ord. No. 95-O-0025AA, 9-13-1995; Ord. No. 96-O-0033AA, § 7, 12-11-1996; Ord. No. 97-O-0027AA, §§ 6—12, 7-8-1997; Ord. No. 01-O-28AA, § 9, 10-24-2001; Ord. No. 05-O-57, § 9, 10-26-2005; Ord. No. 07-O-39, § 2, 11-20-2007; Ord. No. 13-O-03, § 11, 8-28-2013)

(a)

Purpose and intent.

(1)

The purpose and intent of this industrial district is to establish the appropriate location for the manufacturing, distribution, wholesaling, or storage of raw material, partially finished products or finished products characterized by one or more of the following attributes:

a.

Potential for producing detectable off-site impacts—smoke, dust, dispersion of particulate matter, noxious or odorous gases, or any other air pollution;

b.

Potential for producing detectable off-site water pollution, including thermal pollution;

c.

The storage, manufacture, processing or distribution of any radioactive waste, explosive, or flammable materials;

d.

The creation of noise or vibration not compatible with residential, agricultural, or commercial activities; or

e.

Any use generating or storing, whether temporarily or permanently, more than 1,000 kilograms of hazardous waste per month.

(2)

The industrial district will accommodate land uses that have considerable impacts upon infrastructure and utilities; particularly upon: transportation (rail and highway systems), water, natural gas, waste water treatment, and electricity. The location of the industrial district and the standards required by the industrial district will ensure that industrial uses will have access and facilities for truck and/or rail shipment, transfer, or delivery. The industrial district is not intended to facilitate the shipment, transfer, or delivery of goods via passenger automobile traffic.

(3)

The industrial district will also allow industrial parks, transportation and communication facilities, as well as the manufacture, storage, or distribution of products unlikely to cause objectionable impacts to be detected off-site. Ancillary commercial uses, such as offices, restaurants, designed and limited to serve persons working in the district are allowed. Other commercial and residential land uses are not allowed in the industrial district; they would not be compatible with the uses that the industrial district is intended for and would, in addition, have the potential to encroach upon or displace industrial uses, for which appropriate locations are at a premium.

(b)

Allowable uses. For the purpose of this chapter, the following land use type is allowed in the industrial zoning district and is controlled by the land use development standards of this chapter, the comprehensive plan, and list of permitted uses: Industrial.

(c)

Lists of permitted uses.

(1)

Permitted uses: These are the principal uses and activities allowed in the industrial zoning district. This list of uses and activities is composed, to the extent possible, of major group classifications in the Standard Industrial Code (SIC). These major group classifications are very broad; the Standard Industrial Code lists many other more specific industrial activities within these classes; unless specifically prohibited elsewhere in this section, these uses and activities are considered as permitted in this district. Other uses and activities not classified within the Standard Industrial Code, but appropriate for location within the industrial district are also listed as permitted in this district. Further information concerning what uses are considered allowable in the industrial district may be obtained by telephoning the city-county planning department. Chapter 9, article III of this Code sets forth the development approval process required for permitted, restricted, special exception, and planned unit development uses.

a.

The following uses are permitted uses:

#10 Metal mining.

#13 Oil and gas extraction.

#14 Mining and quarrying of nonmetallic minerals.

#15 Building construction—general contractors and operative builders.

#16 Heavy construction other than building construction contractors.

#17 Construction—special trade contractors.

#20 Food and kindred products—processing and manufacture.

#21 Tobacco products—processing and manufacture.

#22 Textile mill products processing and manufacture.

#23 Apparel and other finished products made from fabrics and similar materials—processing and manufacture.

#24 Lumber and wood products, except furniture—cutting, milling, sawing, production, manufacture.

#25 Furniture and fixtures—manufacture.

#26 Paper and allied products—processing and manufacture.

#27 Printing, publishing, and allied industries—publishing and publishing processes.

#28 Chemicals and allied products—production.

#29 Petroleum refining and related industries—processing, refining, manufacture.

#30 Rubber and miscellaneous plastic products—manufacture.

#31 Leather and leather products—processing and manufacture.

#32 Stone, clay, glass, and concrete products—manufacture.

#33 Primary metal industries—smelting, refining, manufacture.

#34 Fabricated metal products, except machinery and transportation equipment—fabricating.

#35 Industrial and commercial machinery and computer equipment—manufacture

#36 Electronic and other electrical equipment and components, except computer equipment—manufacture.

#37 Transportation equipment—assembly and manufacture.

#38 Measuring, analyzing, and controlling instruments; photographic, medical and optical goods; watches and clocks—manufacture.

#39 Miscellaneous manufacturing industries.

#40 Railroad transportation.

#41 Local and suburban transit and interurban highway passenger transportation.

#42 Motor freight transportation and warehousing.

#43 United States Postal Service.

#45 Transportation by air.

#46 Pipelines, except natural gas.

#47 Transportation services.

#48 Communications.

#49 Electric, gas, and sanitary goods.

#50 Wholesale trade—durable goods.

#51 Wholesale trade—nondurable goods.

#5984 Liquefied petroleum gas (bottled gas) dealers.

#7211 Commercial power laundries.

#7212 Garment pressing.

#7213 Linen supply.

#7216 Dry-cleaning plants.

#7217 Carpet and upholstery cleaning.

#7218 Industrial launderers.

#7261 Funeral services and crematories.

#7342 Disinfecting and pest control services.

#7349 Building cleaning and maintenance services.

#735 Miscellaneous equipment rental and leasing.

#7381 Armored car service; rental of dogs for protective services.

#7384 Photo finishing laboratories.

#7389 Auctioneering service on a commission or fee basis.

#7389 Automobile recovery service.

#7389 Field warehousing, not public warehousing.

#7389 Packaging and labeling service; parcel packing.

#7389 Recording studios.

#7389 Repossession service.

#7389 Water softener service.

#7389 Window tinting.

#7513 Truck rental and leasing, without drivers.

#7519 Utility trailer and recreational vehicle rental.

#966 Space research and technology.

Biological research facilities.

Chemical laboratories.

Construction material storage and construction vehicle storage.

Engineering laboratories.

Farm vehicle sales, storage, repair, auction.

Food research/testing facilities.

Incinerators.

Industrial laboratories.

Laboratories, testing of products.

Research laboratories.

Storage yards.

Testing facilities.

Truck, bus, heavy equipment garages: maintenance, repair, motor pools.

Trucking terminals.

Warehouses.

b.

The following uses are permitted as conditional uses: #7389, business services, not elsewhere classified. The commission may add additional uses within the #7389 industry number to the list of uses permitted in this district. These uses may be added through resolution of the commission so long as the use is consistent with the purpose and intent of the industrial district and would not be likely to create incompatibilities with other uses permitted in the industrial district.

c.

The following uses are permitted as accessory uses in the industrial district:

#581 Eating and drinking establishments: Allowed when located adjacent to a nonindustrial zoning district and not adjacent to any residential preservation zoning district or existing residential development, except when that development is a nonconforming land use. Such establishments may be no larger in size than 2,500 square feet; or, may be located within the interior of any permitted use.

#60 Depository institutions (banks/thrifts/credit unions, etc.): Allowed when located adjacent to a nonindustrial zoning district and not adjacent to any residential preservation zoning district or existing residential development, except when that development is a nonconforming land use. Such establishments may be no larger in size than 2,500 square feet; or, may be located within the interior of any permitted use.

#7363 Help supply services: Allowed when located adjacent to a nonindustrial zoning district and not adjacent to any residential preservation zoning district or existing residential development, except when that development is a nonconforming land use. Such establishments may be no larger in size than 2,500 square feet; or, may be located within the interior of any permitted use.

#7381 Security guard services: Allowed when located adjacent to a nonindustrial zoning district and not adjacent to any residential preservation zoning district or existing residential development, except when that development is a nonconforming land use. Such establishments may be no larger in size than 2,500 square feet; or may be located within the interior of any permitted use.

Recreational amenities: Provided as an accessory to a permitted use established within the district for use by employees, management, and their guests.

(d)

Prohibited uses. The following uses are prohibited within the industrial district:

(1)

Landfilling.

(2)

Permanent hazardous or toxic waste storage.

(3)

Deep well injection of waste products.

(4)

Biohazardous, hazardous, or toxic waste incineration.

(5)

Wholesale outlets that sell to the general public are not permissible except for materials manufactured, or warehoused on site. True wholesaling is permitted.

(Code 1984, ch. 27, § 10.3(L); Ord. No. 95-O-0025AA, 9-13-1995; Ord. No. 96-O-0033AA, § 7, 12-11-1996; Ord. No. 97-O-0027AA, §§ 6—12, 7-8-1997)

(a)

Height limitations. In the industrial zoning district all measurements are from the average base elevation at ground level to highest point, except as noted.

(1)

Habitable space (measured to highest floor elevation): 150 feet.

(2)

Mechanical; water tower: 200 feet.

(3)

Antennae, transmission tower; transponder station: No limitation except, proof of notification of the Administrator of the Federal Aviation Authority is required for proposed construction or alteration of any structure of 200 feet height or greater as required per the Federal Aviation Regulations Part 77, Subchapter B.

(4)

Stack height limitations: 275 feet. A waiver may be obtained if following criteria are met: (i) The height demonstrated by a fluid model or field study required and approved by the Environmental Protection Agency, or the department of environmental regulation which ensures that the emissions from a stack do not result in excessive concentrations of any air pollutant as a result of atmospheric downwash, wakes, or eddy effects created by the source itself, nearby structures, or nearby terrain features ("nearby" shall be defined as per F.A.C. ch. 62-2); and (ii) proof of notification of the Administrator of the Federal Aviation Authority of proposed construction or alteration of any structure of 200 feet in height or greater as required per the Federal Aviation Regulations, Part 77, Subchapter B.

(b)

Setbacks and yard requirements. Setbacks and yard requirements in the industrial zoning district shall be as follows:

(1)

Structures fronting, having a corner side adjacent to or otherwise adjoining streets or roadways that form zoning district boundaries shall be located no less than 50 feet from the property line along such roadway.

(2)

Structures fronting on all other streets intended for public access shall be setback at least 20 feet from the property line along that street/roadway.

(3)

Side setbacks from all other roadways/streets intended for public access should be setback at least 20 feet from the property line along such street/roadway.

(4)

Access facilities intended primarily for loading/delivery of goods/materials and not to provide access by employees, customers and the general traveling public shall not be considered streets/roadways for the purpose of subsections (a)(1), (2) and (3) of this section. Setbacks from such roadway/access facilities shall be sufficient to provide safe access.

(5)

The required setback in all other instances shall be at least eight feet from the nearest property line.

(c)

Minimum lot size. The minimum lot size in the industrial zoning district shall be 3,000 square feet.

(d)

Minimum lot frontage. The minimum lot frontage in the industrial zoning district shall be 30 feet.

(e)

Minimum lot coverage. All development in the industrial zoning district shall conform with applicable landscaping and natural area requirements and standards set forth in the EMO.

(f)

Maximum floor area ratio. Development in the industrial zoning district shall not be required to adhere to a maximum floor area ratio.

(g)

Open space standards. All development in the industrial zoning district shall comply with applicable open space requirements and standards set forth in the EMO.

(h)

Landscaping standards; visibility from other districts.

(1)

Buffering within the interior of the zoning district is not required; the provisions of section 10-177 are not applicable within the district. This district is intended to foster development of industrial uses and is not intended to protect nonindustrial uses from industrial uses.

(2)

Except in those instances described in subsection (h)(3) of this section, land uses in this district shall be required to place buffering between the industrial district land use and the adjoining land use consistent with the standards depicted in section 10-177.

(3)

Land uses in this district adjacent to another zoning district which is undeveloped shall be required to place buffering to at least type C standards (see section 10-177) between the industrial land use and the adjoining district at the time of permitting of the industrial use.

(i)

Parking requirements. For parking requirements in the industrial zoning district see article VI of this chapter.

(j)

Expansion of the district. Land shall be added to the industrial zoning district through rezoning only upon the simultaneous and concurrent amendment of the future land use map of the comprehensive plan to reflect the designation of additional land for industrial use. Additional land may be added to the industrial zoning district only upon the satisfaction of one of the two following requirements:

(1)

The land to be added is adjacent to present district boundaries; or,

(2)

The area to be included is at least 60 acres in size.

The location of new industrial zoning district areas shall be based upon the following criteria: access to electric, natural gas, central water, and central sewer infrastructure; access to the Tallahassee Regional Airport, Interstate 10, rail service, or arterial highways; proximity to institutions of higher learning; proximity to the source of raw product or natural resource; proximity to employment force; low potential for environmental degradation (little or no anticipated impacts upon established biological communities and any "listed" species, minimal need for topographic changes, limited potential for adverse human health impacts); and, minimal potential for creating land use incompatibilities with existing or proposed development.

(Code 1984, ch. 27, § 10.3(M); Ord. No. 95-O-0025AA, 9-13-1995; Ord. No. 96-O-0033AA, § 7, 12-11-1996; Ord. No. 97-O-0027AA, §§ 6—12, 7-8-1997; Ord. No. 01-O-28AA, § 13, 10-24-2001)

The provisions of this section are not applicable to the following zoning districts: RA, R-1, R-2, R-3, R-4, R-5, MH, MR-1, MR, OR-1, OR-2, OR-3, OA-1, C-1, C-2, CM, CP, all CU districts, UP-1, UP-2, M-1, IC, OS, PD, PUD, DRI and UT. Commercial sites are determined through the use of site location standards. The intensity of the commercial use is dependent upon the land use category of the potential site and the classification of the immediate adjacent roads. Individual road classifications are depicted on map 14 of the 2010 Comprehensive Plan. The site location standard is intended to group commercial land use toward intersections to provide access and prevent strip commercialization.

(1)

Commercial classifications.

a.

Minor commercial:

1.

Major function: Provide for sale of convenience goods and services to immediate residential area.

2.

Location:

i.

On or near the intersection (within 330 feet of the centerline of the intersection) of local and collector, local and arterial, collector and arterial, arterial and arterial; or

ii.

May be located within planned unit development provided it is located and designed to meet commercial needs of the majority of the residents of the development.

iii.

If on a local street, only one quadrant of the intersection shall be used for commercial purposes.

3.

Trade area: Generally within one mile and not considered as an attractor.

4.

Design standards:

i.

Compatible with adjacent uses.

ii.

Adequate buffering, screening, landscaping and architectural treatment if integrated into the neighborhood.

iii.

Sufficient parking; properly designed and safe internal traffic circulation.

b.

Neighborhood commercial:

1.

Major function: Provide for the sale of convenience goods and personal services such as food, drugs, sundries and hardware items to one or more neighborhoods.

2.

Leading tenants: Supermarket, drugstore and postal substation.

3.

Location: At the intersection of major collector and arterial or arterial and arterial. Only one neighborhood commercial development will be allowed within one-quarter mile of the centerline of the intersection of a major collector and arterial road.

c.

Community commercial:

1.

Major function: Same functions of neighborhood commercial but on a large scale. Provide for sale of retail goods such as clothing, variety items, appliances and furniture, hardware and home improvement items.

2.

Leading tenants: Supermarket, drug store, minor department store, home improvement center, variety or discount center.

3.

Location: Within one-quarter mile of the centerline of the intersection of arterials. Prohibited on designated canopy roads.

4.

Radius of trade area: Five miles or 15 to 20 minutes driving time. Service distinct geographical quadrants of three or more combinations of neighborhoods within the community.

d.

Regional commercial:

1.

Major function: Same functions of community center, provide full range and variety of shopping goods for comparative shopping such as general merchandise apparel, furniture and home furnishings.

2.

Leading tenants: One or more full-time department stores.

3.

Location: Integrated into local transportation system and accessible by combination of arterials, major collectors, expressways and interstate highways. Potential on-site and off-site transportation improvements needed to provide adequate ingress and egress. Prohibited on designated canopy roads.

4.

Radius of trade area: Regional.

5.

Site area: Minimum 35 acres.

6.

Range of gross floor area: Over 200,000 and up to 1,000,000 square feet.

e.

Highway commercial:

1.

Major function: Provide for consumer oriented retail services designed for drive-in convenience.

2.

Leading tenants: Fast food franchise, liquor store, automotive service (i.e., oil change), and convenience stores.

3.

Location: Access via a combination of arterials or major collectors or integrated into transportation network by comprehensive ingress and egress system. Parking within rear is encouraged.

4.

Radius of trade area: May serve immediate area but relies heavily on passerby traffic.

5.

Range of gross floor area: Up to 10,000 square feet.

6.

Design standards:

i.

Adequate setback;

ii.

Aesthetic landscaping;

iii.

Rear parking.

f.

Downtown commercial:

1.

Major function: Provide for a wide variety of commercial opportunities for both working and nonworking hours within the Downtown land use category. Intended to promote downtown activities on an 18-hour basis.

2.

Leading tenants: Restaurants, retail department stores, ancillary business services and small consumer oriented shops.

3.

Location: Located within downtown land use category and accessed by combination of existing streets.

4.

Radius of trade area: Regional trade area in order to attract activities to downtown.

(Code 1984, ch. 27, § 10.3(N); Ord. No. 95-O-0025AA, 9-13-1995; Ord. No. 96-O-0033AA, § 7, 12-11-1996; Ord. No. 97-O-0027AA, §§ 6—12, 7-8-1997; Ord. No. 98-O-0028AA, §§ 3—7, 6-24-1998; Ord. No. 08-O-30, § 2, 7-9-2008; Ord. No. 09-O-18, § 2, 5-27-2009; Ord. No. 09-O-31AA, § 17, 10-29-2009)

All development within the city shall comply with the land use development standards as shown in the schedule in section 10-178. This schedule is not applicable to the following zoning districts: RA, R-1, R-2, R-3, R-4, R-5, MH, MR, MR-1, OR-1, OR-2, OR-3, OA-1, C-1, C-2, CM, CP, UP-1, UP-2, M-1, IC, OS, PD, PUD, DRI, CU-12, CU-18, CU-26, CU-45, and UT.

(Code 1984, ch. 27, § 10.3(P); Ord. No. 95-O-0025AA, 9-13-1995; Ord. No. 96-O-0033AA, § 7, 12-11-1996; Ord. No. 97-O-0027AA, §§ 6—12, 7-8-1997; Ord. No. 98-O-0028AA, §§ 3—7, 6-24-1998; Ord. No. 05-O-40AA, § 5, 7-13-2005; Ord. No. 08-O-30, § 3, 7-9-2008; Ord. No. 09-O-31AA, § 18, 10-29-2009)

The comprehensive plan establishes development patterns within the Suburban future land use category. The chart subsections in this section show the zoning districts which were intended to implement these development patterns.

(1)

The low density residential development pattern shall be implemented through the following zoning districts: RA, R-1, R-2, R-3, R-4, R-5, MH, OS.

(2)

The low density residential office development pattern shall be implemented through the following zoning districts: OR-1, OS.

(3)

The medium density residential development pattern shall be implemented through the following zoning districts: MR, MR-1, and OS.

(4)

The suburban corridor development pattern shall be implemented through the following zoning districts: MR-1, CP, OS, IC, C-2.

(5)

The medium density residential office development pattern shall be implemented through the following zoning districts: OR-2, OS.

(6)

The medium density residential office development pattern shall be implemented through the following zoning districts: OR-3, OA-1, OS.

(7)

The village center development pattern shall be implemented through the following zoning districts: C-1, OS.

(8)

The medical center development pattern shall be implemented through the following zoning districts: CM, OS.

(9)

The urban pedestrian center development pattern shall be implemented through the following zoning districts: UP-1, UP-2, OS, C-2.

(10)

The light industrial development pattern shall be implemented through the following zoning districts: M-1, OS.

(11)

The business park development pattern shall be implemented through the following zoning districts: OR-2, PUD, OS.

(Code 1984, ch. 27, § 10.3(Q); Ord. No. 95-O-0025AA, 9-13-1995; Ord. No. 96-O-0033AA, § 7, 12-11-1996; Ord. No. 97-O-0027AA, §§ 6—12, 7-8-1997; Ord. No. 98-O-0028AA, §§ 3—7, 6-24-1998; Ord. No. 05-O-40AA, § 6, 7-13-2005; Ord. No. 09-O-11AA, § 2, 10-28-2009; Ord. No. 18-O-08, § 1, 2-28-2018)

(a)

Standards. The following buffering standards are intended to implement the provisions of the adopted land use development matrix and applicable policies of the comprehensive plan. Should there be a conflict between the provisions of this chapter and those of the comprehensive plan and chapter 5 of this Code, the most restrictive or that imposing the higher standard shall govern.

(1)

A buffer zone is a landscaped strip along parcel boundaries that serve a buffering and screening function between uses and zoning districts, provides an attractive boundary of the parcel or use, or as both a buffer and attractive boundary. This shall not be interpreted to mean that parcels within a planned mixed use development must meet these requirements.

(2)

The width and degree of vegetation required depends on the nature of the adjoining uses. The standards specified below prescribe the required width and landscaping of all buffer zones.

(3)

The standards for buffer zones are set out in the following illustrations that specify the number of plants required per 100 linear feet. To determine the total number of plants required, the length of each side of the property requiring a buffer shall be divided by 100 and multiplied by the number of plants shown in the illustration. The plants shall be spread reasonably evenly along the length of the buffer.

(4)

The standards of subsections (a)(1) through (a)(3) of this section shall be applied between abutting parcels as follows:

BUFFERING AND SCREENING REQUIREMENTS

KEY:

A, B, C, and D indicate accompanying landscape standards that must be used.

NR indicates that no buffering is required.

NOTES: To determine the required buffer:

(1)

Locate/Existing adjacent use on left side of table;

(2)

Locate "Land Use Code Number" of proposed use at top of table;

(3)

Read Down in row of Existing Adjacent Use in final buffer requirements.

(4)

* A buffer fence shall be provided when a Type C buffer or a 30-foot Type D buffer is required.

(5)

** A Type 2 Urban Buffer as specified in §10-285, Table 11 may be substituted for a Type D Buffer.

Landscape Standard "A"

Landscape Standard "B"

Landscape Standard "C"

Landscape Standard "D"

(5)

Buffering for mixed use developments shall be based on the more intense use in the building or cluster of buildings.

(6)

The use of existing native vegetation in buffer zones is preferred. If a developer proposes to landscape a buffer zone with existing native vegetation, the staff forester may recommend, and the development review committee may allow, a waiver from the strict planting requirements of this section if:

a.

The waiver is necessary to prevent harm to the existing native vegetation; and

b.

The buffering and/or aesthetic purposes of the buffer zone are substantially fulfilled despite the waiver.

(7)

The desired width of a buffer zone between two parcels is the sum of the required buffer zones of the parcels. Where a new use is proposed next to an existing use that has less than the required buffer zone for that use, the lower standards will be tolerated until the nonconforming parcel is redeveloped and brought into conformity with the buffer zone requirements of this chapter. The developer of the new adjoining use is encouraged, however, to take into account the inadequacy of the adjoining buffer zone in designing the site layout of the new development.

(8)

Buffer alternative for conversions of existing structures and additions to existing structures. As an alternative to providing the landscape buffers required in subsection (a)(4) of this section, proposed conversions of existing structures (with no additions) and proposed additions to existing structures (up to a maximum of 50 percent increase from the size of the existing structure) may choose to install an opaque fence that is a minimum of six feet in height along the entire length of the property line adjoining the affected land use only if the affected adjoining site is in the same or a more intensive zoning district than the subject property. The fence shall be of a finished masonry, wood or natural plant material. For the purposes of this subsection, the relative intensity of zoning districts shall be based on the number and type of permitted uses and the maximum density/intensity allowed in a zoning district. If a question arises as to the relative intensity of zoning districts, the land use administrator shall make the final decision. If the owner of the affected adjoining site and the applicant both agree that a fence is not a desirable alternative, then a fence shall not be provided and the landscape buffer that must be provided is to the greatest extent possible that is reasonable and feasible. In order to enact this provision, written confirmation from both the owner of the adjoining site and the applicant shall be provided to the land use administrator in a form that is acceptable to the city attorney.

(b)

Use of buffer areas. No accessory structures, garbage or trash collection points or receptacles, parking or any other functional use contrary to the intent and purpose of this chapter shall be permitted in a required buffer area. This does not prohibit the combining of compatible functions such as landscaping, drainage facilities, passive recreation areas and preservation areas into an effective and beneficial multiple use of the subject land resource.

(c)

Use of native plants. Forty percent of the total number of individual plants selected from each of the categories of the list of approved species (canopy, understory, shrub, groundcover) and used to satisfy the requirements of this chapter shall be selected from the list of native species in the category.

(d)

Environmental management ordinance. All development must be consistent with chapter 5 of this Code.

(e)

Determination. Determination of applicable buffering standards shall be made at the time of final disposition of the application by the entity with authority to approve the plan of development as specified in chapter 9, article IV of this Code.

(f)

Buffer fence standards. The following standards shall apply:

(1)

Whenever a buffer fence is required it shall be a minimum of eight feet in height, unless the applicant can demonstrate that the intent of this chapter will be met by a fence of lesser height under the particular circumstances.

(2)

The buffer fence installation shall be incorporated as early as possible in the sequence of construction.

(3)

The buffer fence shall be solid opaque, constructed of durable materials consistent with the materials of surrounding neighborhoods and shall include provisions for access to all landscape material.

(4)

The side of a fence facing the less intensive use shall have a finished appearance.

(5)

When residential uses buffer against other uses, the planting materials shall be located on the outside of the fence. When non-residential uses buffer against residential uses, the planting materials shall be located on the inside of the fence.

(6)

Fencing shall be maintained in perpetuity.

(g)

Additional standards for non-residential or dense residential projects adjacent to existing properties which are protected residential. For the purposes of subsection (g), the terms listed below are defined as follows:

Dense residential means a residential building on a parcel larger than one-half acre developed at a density of greater than 14 units per acre.

Protected residential means any property developed with a single-family residence, duplex, or triplex to a density of less than or equal to eight units per acre, and any vacant property that is zoned either RP-1, RP-2, RP-MH, RP-R, RP-UF, R-1, R-2, R-3, R-5, UF, LP, MH, or RA.

These additional buffer standards do not apply to non-residential or dense residential projects located across the street from properties which are protected residential.

(1)

Non-residential or dense residential uses (greater than two stories) adjacent to properties which are protected residential. Subsection (g)(1), applies to a non-residential or dense residential project which is required to obtain site plan review pursuant to sections 9-154—9-157, which is adjacent to three or more contiguous lots which are protected residential, and which is greater than two stories. The adjacency requirement is met if the proposed non-residential or dense residential use shares a common property boundary with any portion of one of the three or more contiguous lots. Such projects must meet two buffer requirements, as listed below. The planting density and planting types shall otherwise be consistent with section 10-177, (if located outside of the MMTD) or in subsection 10-284.3(a)(1) (if located inside of the MMTD).

Any project subject to the regulations contained in this paragraph shall provide the following:

a.

The buffer identified in subsection 10-177(a)(4), if located outside of the MMTD or in subsection 10-284.3(a)(1) if located inside of the MMTD; and

b.

One of the following:

(i.)

Height step back. A height step back is required and shall vary based on the first floor elevation of the non-residential or dense residential use in relation to the first floor elevation of the protected residential use as follows:

The floors identified in the table above, and each successive floor, must be each stepped back a minimum of ten feet from the floor below it where adjacent to a property which is protected residential. If other building elevations face non-residential uses, one additional floor is permitted along the non-residential uses to compensate for the density and/or intensity not permitted due to the building step back along the protected residential elevation. This standard is visually represented by the illustration titled "Height Step Back".

Height Step Back

(ii.)

Tall tree buffer. The project must provide an enhanced landscape buffer with trees chosen from the list in the table below (in lieu of trees otherwise required) that commonly grow to a minimum height of at least 50 feet and are known to succeed in an urban landscape. The trees from the list below comprise the shade tree portion of the buffer that is otherwise defined by subsection (a)(4) (if located outside of the MMTD) or in subsection 10-284.3(a)(1) (if located inside of the MMTD). Understory trees and shrubs are also required by the noted citations.

To be eligible for the tall tree buffer option, projects must provide a minimum 15-foot separation at the time of planting between the tall tree and all buildings and a minimum soil volume of 2,400 cubic feet per tree. The maximum allowable depth for calculating soil volume is three feet. The landscape plan submitted with the site plan must show the planned location of each tall tree, the 15-foot separation, and the undeveloped area committed to the soil volume requirement.

If a property owner opts to satisfy this buffer requirement by utilizing one or more of the tall trees listed in this Section, they shall maintain the tall trees so they do not present an imminent risk to human health or property. Projects that are not able to provide the minimum distance between trees and buildings and the minimum soil volume shall instead provide the height step back identified in subsection (g)(1)b.i.

Trees with Mature Minimum Height of at Least 50 Feet ¹

(2)

Site grading. If a non-residential or a dense residential site is graded to reduce the elevation of the developed portion of site below an adjacent property which is protected residential, the perimeter landscaping shall be located as follows:

a.

The perimeter landscape buffer may be provided at the higher, pre-grading elevation;

b.

If an arborist certifies in writing that the degree of the slope, the type of soil, and the drainage patterns do not cause this option to adversely impact the viability of the buffer, the perimeter landscape buffer may start at top of the slope, with all shade trees planted at the higher, pre-grading elevation and understory trees and shrubs planted on the slope; or

c.

The perimeter landscape buffer may be provided at the lower, post-grading elevation, provided it is a tall tree buffer as defined by subsection (g)(1)b.(ii.).

This standard is visually represented by the illustration titled "Perimeter Landscaping at Graded Sites".

(3)

Subsection (g) does not apply to the following:

a.

Proposed non-residential or dense residential developments adjacent to properties which are protected residential that are currently developed and occupied by a legally existing non-conforming use; or

b.

Proposed non-residential or dense residential developments adjacent to isolated properties which are protected residential comprised of less than three units on less than three contiguous lots. For purposes of this section, "isolated" shall mean one or two residential units, which are surrounded by non-residential zoning or uses.

c.

A change of use at an existing non-residential or dense residential development, provided the change of use does not result in a more intense use that is otherwise regulated by subsection (g).

Perimeter Landscaping at Graded Sites

(Code 1984, ch. 27, §§ 13.1—13.5; Ord. No. 95-O-0025AA, 9-13-1995; Ord. No. 99-O-0058AA, § 5, 1-26-2000; Ord. No. 02-O-88AA, § 5, 10-23-2002; Ord. No. 06-O-43, § 5, 7-12-2006; Ord. No. 15-O-17AA, § 3, 8-26-2015; Ord. No. 21-O-15, § 2, 6-16-2021)

DEVELOPMENT STANDARDS MATRIX

X = Land use is compatible/allowable

O = Land use is incompatible/not allowable

1 = PUD or site plan review required

2 = Planned unit development required, except for cemeteries or for religious facilities to be used solely for religious functions.

3 = Permitted where sufficient stormwater management capacity exists within the basin

4 = Consistent with equifer recharge policies contained within the conservation element

5 = Permitted only at these intersection quadrants which previously have been developed

6 = Cluster development required

7 = Intended for upper level of density range

8 = Agriculture related only

9 = No access to canopy road

10 = Office use permitted if ancillary to industrial use

11 = Intended for lower level of density range

12 = Secondary access only approved in conjunction with site plan, PUD or DRI

13 = Direct access allowed outside urban service area or on previously platted lot

14 = Primary access is canopy road permitted only when alternate access in non-canopy roads is unavailable. Primary access shall be restricted to one driveway designed to mitigate impacts. Planned development required for approval.

15 = Commercial restricted to 50,000 sq. ft.

16 = Commercial limited to one quadrant of the intersection

A = An incompatible land use may be permitted with an adequate buffer when its incompatibility with an adjoining land use is along rear property lines. This does not apply to heavy industrial adjoining residential.

B = Nonresidential uses permitted on all streets and intersections designated as non/residential streets.

C = Applies to the specific environmentally significant area on site and the plan requires site specific assessment of development impact on endangered, threatened, and species of special concern (plants and animals).

D = This portion of the matrix does not apply when existing land use is nonconforming.

E = May be waived pursuant to comprehensive plan land policy 3.1.5 or if commercial contained within mixed PUD or DRI development

F = See transportation policy 1.6.4.

G = Not applicable to properties internal to the activity center district.

H =Access for non-residential uses is prohibited to any local street within a recorded or unrecorded residentially platted subdivision in the activity center. Access is permitted to other local streets and all other streets internal to the activity center.

NA = Not applicable

* = To be used in conjunction with zoning map and applicable standards contained within this Code.

MATRIX DOES NOT APPLY TO AREAS DESIGNATED BRADFORDVILLE MIXED USE, CENTRAL URBAN, PLANNED DEVELOPMENT, VILLAGE MIXED USE, SUBURBAN, URBAN RESIDENTIAL 2, DOWNTOWN, AND UNIVERSITY TRANSITION ON THE FUTURE LAND USE PLAN MAP.

(Code 1984, ch. 27, § 10.3; Ord. No. 95-O-0025AA, 9-13-1995; Ord. No. 01-O-28AA, § 11, 10-24-2001; Ord. No. 08-O-30, § 4, 7-9-2008; Ord. No. 09-O-18, § 2, 5-27-2009)

(a)

Purpose and intent. The Land Use Element of the Tallahassee-Leon County Comprehensive Plan establishes the Mahan Gateway Node future land use map category on the future land use map. The following zoning districts are permitted and are applicable within the Mahan Drive Corridor Study Area (as defined within the Tallahassee Leon County Comprehensive Plan) and also within the Mahan Gateway Node Comprehensive Plan Future Land Use Map category:

(1)

Mahan Gateway Node future land use map category:

a.

Mahan Corridor Ring District (MCR);

b.

Mahan Corridor Node (MCN)

(2)

Reserved.

The Residential Acre (RA), Residential Preservation (RP1 and RP2) and Single-and Two-Family Residential (R-3) zoning districts do not implement the Mahan Gateway Node future land use map category and may not be expanded within this future land use map category. Expansion of these zoning districts shall require a comprehensive plan future land use map amendment. The intent of the Mahan Corridor Ring and the Mahan Corridor Node zoning districts is further established in sections 10-268 and 10-269.

(b)

List of permitted uses. See schedules of permitted uses in sections 10-268 and 10-269 subsections 2 and 3. Proposed activities and uses are indicated in these schedules found in subsections 10-268 and 10-269. Chapter 9, article III sets forth the development approval process required for allowable uses.

(c)

Development standards. All proposed development shall meet the land use development criteria specified in subsections 10-268 and 10-269; commercial site location standards (section 10-174); buffer zone standards (section 10-177); criteria of the land development standards schedule (article IV, division 4 of this chapter); parking and loading requirements (article VI of this chapter); and site lighting requirements (section 10-427).

(d)

Specific restrictions. If uses are restricted according to the schedule of permitted uses, they must follow the general development guidelines for restricted uses as provided in articles IV and V of this chapter.

(Ord. No. 07-O-15, § 7, 3-28-2007; Ord. No. 10-O-49AA, § 5, 2-23-2011)

Editor's note— Ord. No. 10-O-49AA, § 5, adopted February 23, 2011, changed the title of section 10-179 from "Mahan Residential Corridor District and Mahan Residential Corridor Node District" to "Mahan Corridor Ring District and Mahan Corridor Node District." The historical notation has been preserved for reference purposes.

1.

Purpose and intent. The purpose and intent of this district is to provide minor office opportunities and higher intensity residential land uses up to a maximum of eight dwelling units per acre. The district is intended to be located on the edges of existing or planned single-family neighborhoods fronting on arterial and collector roadways and provides a transition between the residential development and more intensive development. This zoning district is not intended to be applied to the interior of an existing neighborhood nor in areas designated as lake protection on the future land use map of the comprehensive plan, the provisions of this district are intended to allow higher density residential development and non-residential development that is compatible in scale and design with adjoining residential neighborhoods. The maximum amount of non-residential square footage allowed per acre is 10,000 square feet, but additional criteria may further limit that amount. Design guidelines applicable to this district may include building orientation, lighting criteria for non-residential use, street vehicular access requirements, fencing, buffering, and screening requirements, signs, noise source restrictions, and solid waste container restrictions.

2.

Allowable uses. For the purpose of this chapter, the following land use types are allowable in this zoning district and are controlled by the land use development standards of this chapter, the comprehensive plan and schedules of permitted uses.

a.

Low density residential.

b.

Minor office.

3.

List of permitted uses. See schedules of permitted uses, section 10-266. commercial and industrial uses are not permitted. Permitted residential and office activities are indicated in the subsection. The activity or use may be classified as principal, accessory, restricted, or permitted through special exception, or not allowed. Restricted and special exception uses must meet the criteria in article VII of this chapter. Chapter 9, article III sets forth the development approval process required for allowable uses.

4.

Development standards. All proposed development shall meet the land use development criteria specified in subsections 10-266(4)—(13); buffer zone standards (section 10-177); and parking and loading requirements (article VI of this chapter).

5.

Specific restrictions. If uses are restricted according to the schedule of permitted uses, they must follow the general development guidelines for restricted uses as provided in articles IV and V of this chapter.

(Ord. No. 03-O-58, § 3, 12-10-2003; Ord. No. 10-O-14AA, § 4, 2-23-2011)

Editor's note— Ord. No. 10-O-14AA, § 4, adopted February 23, 2011, redesignated the former section 10-202 as section 10-180. The historical notation has been preserved for reference purposes.

1.

Purpose and intent. The comprehensive plan establishes development patterns within the Neighborhood Boundary future land use category. The Neighborhood Boundary 1 (NB-1) district is intended to be located in areas designated as Neighborhood Boundary on the future land use map of the comprehensive plan and only within the Multi-Modal Transportation District. NB-1 districts shall either serve as a buffer between residential development and more intensive development, or be used to establish mixed-use corridors, or nodes, with neighborhood-scale, non-residential uses and a variety of residential uses where identified in a city coordinated placemaking, sense of place, neighborhood, or sector plan. The maximum gross density allowed for new residential development in the NB-1 district is 18 dwelling units per acre. The maximum gross intensity allowed for new non-residential development is 20,000 square feet per acre. Building footprints for non-residential uses shall be limited to 5,000 gross square feet.

2.

Allowable uses. The NB-1 district is designed to allow low- and medium-density residential, and non-residential development scaled to serve the surrounding neighborhood such as limited retail, office, and community services. To prevent negative impacts from increased vehicular traffic, auto-oriented uses, such as gas stations or drive-through facilities are prohibited.

3.

List of permitted uses. See schedules of permitted uses, section 10-272. Permitted residential and non-residential activities are indicated in the subsection. The activity or use may be classified as principal, accessory, restricted, or permitted through special exception, or not allowed. Restricted and special exception uses must meet the criteria in article VII of this chapter. Chapter 9, article III sets forth the development approval process required for allowable uses.

4.

Development standards. All proposed development shall meet the land use development criteria specified in section 10-272; buffer zone standards (section 10-177); and parking and loading requirements (article VI of this chapter).

5.

Specific restrictions. If uses are restricted according to the schedule of permitted uses, they must follow the general development guidelines for restricted uses as provided in articles IV and V of this chapter.

(Ord. No. 20-O-28, § 1, 2-24-2021)

(a)

Downtown Tallahassee is intended to be a hub of activity for various uses. The purpose of the Downtown Overlay is to clearly demarcate the downtown, remove barriers for high density and intensity development, and provide pedestrian-oriented urban design standards.

(b)

The following zoning districts are found only within the Downtown Overlay:

1.

CC Central Core.

2.

SCD Special Character District.

3.

ASN-A All Saints Neighborhood Infill/Low Intensity.

4.

ASN-B All Saints Neighborhood Infill/Moderate Intensity.

5.

ASN-C All Saints Neighborhood Corridor Mixed Use District.

6.

ASN-D All Saints Neighborhood Civic Center Corridor Mixed Use District.

7.

UV University Urban Village.

(c)

Specific areas within the Downtown Overlay are subject to review by the planning department. The design review districts promote the conservation, enhancement, and continued vitality of areas of the city with special scenic, architectural, or cultural value, or neighborhood character. This is achieved through the creation of design review districts, development of design guidelines, and requiring design review. In addition, design review ensures that certain types of infill development will be compatible with the neighborhood and enhance the area. The following areas are design review districts:

1.

ASN-A All Saints Neighborhood Infill/Low Intensity.

2.

ASN-B All Saints Neighborhood Infill/Moderate Intensity.

3.

ASN-C All Saints Neighborhood Corridor Mixed Use District.

4.

ASN-D All Saints Neighborhood Civic Center Corridor Mixed Use District.

5.

UV University Urban Village.

6.

Those blocks bounded by Tennessee Street to the north, Macomb Street on the east, Copeland Street on the west, and Madison Street on the south.

(d)

All properties within the Downtown Overlay will be regulated as follows:

1.

The density and permitted uses shall be regulated through the individual zoning districts.

2.

The development and design standards for all properties within the overlay shall adhere to the section 10-282.1 Downtown Regulating Plan map series and other applicable sections of division 4 of this chapter.

3.

Development within the Downtown Overlay shall be eligible for density and intensity bonus provisions of section 10-280.7.

(e)

Additionally, properties within the Downtown Overlay may be rezoned to an Urban PUD pursuant to the requirements of section 10-200 with the following exception:

1.

The area bounded by Tennessee Street on the north, Macomb Street on the east, Copeland Street on the west, and Madison Street on the south is not eligible for Urban PUD zoning.

(Code 1984, ch. 27, § 10.3(O); Ord. No. 95-O-0025AA, 9-13-1995; Ord. No. 96-O-0033AA, § 7, 12-11-1996; Ord. No. 97-O-0027AA, §§ 6—12, 7-8-1997; Ord. No. 98-O-0028AA, §§ 3—7, 6-24-1998; Ord. No. 02-O-43AA, § 2, 7-10-2002; Ord. No. 03-O-10AA, § 3, 2-26-2003; Ord. No. 04-O-43AA, § 11, 6-23-2004; Ord. No. 05-O-16AA, §§ 9, 10, 3-30-2005; Ord. No. 08-O-11, §§ 2, 3, 3-26-2008; Ord. No. 10-O-14AA, § 5, 2-23-2011; Ord. No. 13-O-03, § 12, 8-28-2013; Ord. No. 15-O-04, § 10, 5-27-2015)

See the following chart for district intent, permitted uses, and notes for the Central Core Zoning District:

(Ord. No. 10-O-14AA, § 5, 2-23-2011; Ord. No. 16-O-05, § 2(Exh. A), 5-18-2016; Ord. No. 23-O-41, § 1, 12-13-2023)

Editor's note— Ord. No. 10-O-14AA, § 5, adopted February 23, 2011, amended section 10-197 in its entirety to read as herein set out. Formerly, section 10-197 pertained to the RO targeted retail/office growth area, and derived from the Code of 1984, ch. 27, § 10.3(O)(1); Ord. No. 95-O-0025AA, adopted September 13, 1995; Ord. No. 03-O-10AA, § 4, adopted February 26, 2003, and Ord. No. 05-O-57, § 7, adopted October 26, 2005.

Editor's note— Ord. No. 10-O-14AA, § 5, adopted February 23, 2011, repealed the former section 10-198 in its entirety, which pertained to DI institutional/cultural/university transition areas, and derived from the Code of 1984, ch. 27, § 10.3(O)(2); Ord. No. 95-O-0025AA, adopted September 13, 1995; Ord. No. 01-O-28AA, § 10, adopted October 24, 2001; Ord. No. 03-O-10AA, § 5, adopted February 26, 2003; Ord. No. 05-O-57, § 8, adopted October 26, 2005, and Ord. No. 08-O-11, § 4, adopted March 26, 2008.

See the following chart for district intent, permitted uses, and notes for the Special Character District zoning district:

(Code 1984, ch. 27, § 10.3(O)(3); Ord. No. 95-O-0025AA, 9-13-1995; Ord. No. 96-O-0033AA, § 7, 12-11-1996; Ord. No. 10-O-14AA, § 5, 2-23-2011)

(a)

Purpose and intent of district. An urban planned unit development (U-PUD) zoning district is intended to provide a method by which proposals for high-quality urban developments, which are not provided for or allowed in the zoning districts may be evaluated. The procedures of this district retain the city commission's authority to establish appropriate limitations and regulations to protect the public health, safety, and general welfare, and promote the goals and objectives of the downtown plan and central core. The U-PUD district is intended to:

(1)

Encourage infill and rehabilitation of existing urban areas with readily available services and infrastructure.

(2)

Promote more efficient and economic uses of land, while respecting historic context and landscape features.

(3)

Encourage land uses that reduce transportation needs and that conserve energy and natural resources to the maximum extent possible. Emphasis shall be placed on the integration of mass-transit with new projects.

(4)

Encourage a pedestrian-friendly environment. Emphasis is placed on street level commercial and/or cultural activity along streets where there is heavy pedestrian activity or such activity can be created through appropriate urban design, land use mixture, and transportation facility design. To emphasize the pedestrian oriented character of the district, project entrances will open on to public streets and public walkways.

(5)

Encourage institutional, cultural, office, residential and retail uses in mixed-use development, capable of supporting 18-hour activity in a lively urban setting. Emphasis is placed on the allowance of such complementary activities as high-density residential, neighborhood commercial, and entertainment. The location of such uses in close proximity of each other maximizes opportunities for pedestrian, transit, and bicycle traffic, reducing the need for automobile dependency and the demand for parking.

(6)

Preserve to the greatest extent possible, and utilize in a harmonious fashion, mature trees on the site.

(7)

In addition to the above, adjacent to special character districts (SCD) or properties listed on the national register of historic places, protect the existing scale and architectural character of historic buildings and streets, maintaining in new, compatible buildings, the scale and architectural context of the district and/or surrounding historic properties. A list of properties on the national and local registers of historic places can be obtained from the Tallahassee Trust for Historic Preservation. Consideration of existing scale and architectural context shall be given to properties determined eligible for listing on the national and/or local register of historic places by the Tallahassee-Leon County Architectural Review Board.

(b)

Review criteria. In addition to the above, projects proposed for U-PUD, zoning shall be evaluated by the following criteria. The application narrative shall describe how the concept plan addresses these six criteria:

(1)

Building design shall contribute to making and perceiving downtown and surrounding central core areas as a pattern of spaces and structures rather than a series of unrelated buildings and streets. Projects shall continue an appropriate urban pattern where one is in place; where a pattern is not apparent or inappropriate to an urban setting, projects shall establish high-quality precedent and urban context for future development to follow.

(2)

Height shall be evaluated on a parcel-by-parcel basis, considering the context of the surrounding development and plans and studies for the downtown and central core that have been approved by the city commission.

(3)

Buildings shall replicate the setbacks of existing buildings to create a consistently developed edge, to reinforce the established pattern of development, and to enhance pedestrian orientation. Where existing setbacks coincide with the right-of-way line, active street-level uses shall open into the pedestrian zone.

(4)

On-site parking for nonresidential uses shall be minimized. Use of joint parking facilities for residential and nonresidential uses is encouraged. On-site parking, loading areas, and utilities shall not impair the overall character of the streetscape or pedestrian orientation; and shall meet the design and architectural standards of this chapter. Public parking facilities may be considered under this subsection if it is determined that the overall character of the streetscape is not impaired by such a use and if the facility meets the design and architectural standards of this subsection, including the requirement for active, non-residential street level uses.

(5)

Vehicular access shall not impede pedestrian safety or comfort. Use of alleys and joint drives is encouraged. Projects requiring new street access shall demonstrate why existing access is insufficient and shall also demonstrate how the new access will ensure pedestrian safety and comfort.

(6)

When located within areas designated downtown on the future land use map, project design shall contribute to the area's visual context in a manner that is consistent with the downtown plan. In areas designated Central Urban and University Transition, project design shall promote an attractive pedestrian-oriented urban center that facilitates development of a mixture of compatible medium and high density and intensity land uses.

(7)

Character elements and amenities that shall be considered in determining whether the project design contributes to the public realm include the following:

a.

Use of high quality natural materials, authenticity, and craftsmanship.

b.

Relation to the existing context in building materials, color, massing of building forms, spacing between buildings, and relative proportions of facade openings.

c.

Creates building mass that relates to the scale of the street and steps down to the elevation of streets, enlivens the sidewalk environment and avoids the use of retaining walls (except where historic retaining walls currently exist).

d.

Sculpts and light the tops of towers to reduce the effect of a row of flat-topped high-rises on the skyline. Fluorescent lighting is prohibited on building facades.

e.

Organizes facades into clearly defined base and upper stories with strong horizontal elements separating the two.

f.

Maintains ground floor transparency appropriate to use. All ground floor uses should open to the pedestrian zone in ways appropriate to use. Blank walls or rows of parking facing the street are not allowed.

g.

Utilizes sidewalk coverings in the form of awnings, canopies, galleries, or other similar treatments.

h.

Creates through-block connections via exterior or interior plazas, publicly accessible pedestrian walkways, lobbies, and atria.

i.

Incorporates streetscape, including a regular pattern of street trees and grates, patterned paving, lighting, fountains, sculpture, and seating. The highest quality street furniture and streetscape reasonably affordable should be used.

j.

Provides covered mass-transit stops may be required at the discretion of the Taltran director or their designee. The design of transit stops shall be reviewed with the proposed U-PUD.

(c)

Eligibility. The U-PUD district is designed to allow an applicant to submit a proposal for consideration, for any uses or any mixture of uses that are consistent with the comprehensive plan and subsection (d), and to allow the city commission to approve any proposal which it determines to be in the best interest of the public health, safety, and welfare, and which meets the intent of this section, along with any conditions or requirements or limitations thereon to meet the intent of the comprehensive and downtown plans. The approval of U-PUD rezoning requests rests with the city commission. However, no rezoning to an U-PUD zoning district shall be eligible for approval unless the following minimum conditions are met:

(1)

Applicability. A U-PUD may only be approved within areas within the Downtown Overlay, one of the Central Urban districts, University Transition (UT). A U-PUD shall not be allowed within the Gaines Street revitalization area, the Special Character District (SCD), or those blocks noted in section 10-196(e)1.

(2)

Configuration of the U-PUD zoning district. The tract(s) of land that may be rezoned to U-PUD shall be contiguous, and shall have sufficient width and depth to accommodate the proposed use.

(3)

Unified control/ownership. All land included for the purpose of development within a U-PUD district shall be owned by or be under the complete control of the applicant for such zoning designation, whether the applicant be an individual, partnership, corporation, other entity, group, or agency. The applicant shall provide the city all of the necessary documents and information that may be required by the city attorney to assure the city that the development project may be lawfully completed according to the plans sought to be approved. No application shall be considered until the requirements of this section have been fully met.

(4)

Minimum size. There are no minimum size requirements for a U-PUD district.

(d)

Permitted uses. U-PUDs within the Central Core may allow any use that is consistent with the Future Land Use category and district intent, including, but not limited to:

(1)

Residential: All types of residential uses shall be allowed.

(2)

Manufacturing (permitted only as an accessory use for a permitted commercial use):

25 Furniture and fixtures

27 Printing and publishing

283 Drugs

342 Cutlery, hand tools, and hardware

365 Household audio and video equipment

381 Search and navigation equipment

382 Measuring and controlling devices

384 Medical instruments and supplies

385 Ophthalmic goods

386 Photographic equipment and supplies

387 Watches, clocks, watchcases and parts

391 Jewelry, silverware, and plated ware

393 Musical instruments

394 Toys and sporting goods

395 Pens, pencils, office and art supplies

396 Costume jewelry and notions

(3)

Community facilities related to residential uses, including religious facilities, police/fire stations, post offices, libraries and elementary, middle and high schools, are allowed. Other community facilities may be allowed in accordance with section 10-413.

(4)

Retail uses:

523 Paint, glass and wallpaper

525 Hardware stores

526 Retail nurseries, lawn and garden supply stores

531 Department stores

533 Variety stores

539 Miscellaneous general merchandise

541 Grocery stores

542 Meat and fish markets

543 Fruit and vegetable markets

544 Candy, nut and confectionary stores

545 Dairy products stores

546 Retail bakeries

549 Miscellaneous food stores

553 Auto and home supply

56 Apparel and accessory stores

561-566, 569 Apparel, shoes and accessories

571 Home furniture and furnishings

572 Household appliances

573 Radio, television consumer electronics (including computers and software) and music stores

5736 Musical instrument stores

581 Eating and drinking places

591 Drug stores

592 Liquor stores

593 Used merchandise stores

594 Miscellaneous retail including sporting goods, books, stationery, jewelry, toys, cameras, gifts, luggage, needlework, piece goods

5961 Catalog and mail-order houses

599 Other retail stores (florists, newsstand, tobacco, optical goods, art, etc.), except gravestones, tombstones, swimming pools, hot tubs

(5)

General office, including banks/credit unions (without drive thru), doctors/dentists offices, and governmental offices shall be allowed.

(6)

Personal services:

701 Hotels and motels

721 Laundry, cleaning, and garment services (except cleaning and repair plants, which are industrial land uses)

722 Photographic studios, portrait

723 Beauty shops

724 Barber shops

725 Shoe repair and shoeshine parlors

729 Miscellaneous personal services

731 Advertising

733 Mailing, reproduction and commercial art

734 Services to dwellings and other buildings

736 Personnel supply services

737 Computer and data processing services

738 Miscellaneous business services

752 Automobile parking (lots and structures) (which comply with the intent of the DPUD language)

762 Electrical repair

763 Watch, clock, and jewelry

764 Reupholstery and furniture repair

769 Miscellaneous repair, except welding, septic tank cleaning, farm machinery

781 Motion picture production

782 Motion picture distribution

783 Motion picture theaters

784 Videotape rental

791 Dance studios

792 Theatrical productions

793 Bowling centers

794 Commercial sports, except track operations

799 Miscellaneous amusement and recreation services, except golf courses and amusements parks

805 Nursing and personal care facilities

808 Home health care services

809 Miscellaneous health and allied services

832 Individual and family social services

833 Job training

835 Child day care services

836 Residential care

839 Miscellaneous social services

841 Museums and art galleries

842 Botanical and zoological gardens

864 Civic, social, and fraternal associations

873 Research and testing services

874 Management and public relations

074 Veterinary services

0781 Landscape counseling and planning

(e)

Prohibited uses. Billboards, communication towers, and drive-thrus shall not be allowed within a U-PUD.

(f)

Density and intensity bonus. Up to 35 percent additional density/intensity may be permitted, subject to requirements of section 10-280.7.

(g)

Accessory uses and structures. Accessory uses and structures shall be governed by sections 10-411 and 10-412 of this Code.

(h)

Landscaping and urban forest standards. As part of a U-PUD application in the Central Core area, the applicant shall propose a set of landscaping and urban forest standards unique to the U-PUD. The planning commission shall review the specific amount of landscaping and urban forest proposed by the applicant on a case-by-case basis for consistency with the Comprehensive Plan. If the proposed landscape plan falls below the minimum landscaping and/or urban forest requirements as found in section 5-85, the applicant shall be required to pay a fee-in-lieu for the differential.

(i)

Submittal requirements. An application for an urban planned unit development (U-PUD) zoning district shall be the equivalent of a final planned unit development (PUD) plan. A U-PUD application shall include all information currently required for both Concept and Final PUD applications as found in section 10-165 and chapter 9, article III. Color site plans and elevations or renderings, accurately depicting the site design, scale, building design, massing, and project enhancements shall be submitted and reviewed with the application. Such drawings shall be adopted as a binding attachment to the U-PUD.

(j)

Review process. The U-PUD plan is subject to the review process outlined below:

(1)

Pre-application or post-application conference. An optional application for a pre-application or post-application conference may be submitted to the city in accordance with established policies and procedures.

(2)

Design review. Applications for a U-PUD, located in the downtown area, shall be submitted to the planning department for design review. Design review shall be limited to factors, criteria and requirements as found in this section. Following their review, the planning department shall forward a recommendation for approval, denial, or approval with conditions to the development review committee. U-PUD applications located outside the Downtown area are not subject to this requirement.

(3)

Development review committee. All applications for U-PUD shall be submitted to the development review committee for review and comment. Please note that U-PUD applications for projects located in the downtown area must be reviewed by the planning department prior to submittal to the development review committee. The development review committee shall review all U-PUD applications at a regularly scheduled meeting to determine if the application complies with the comprehensive plan and other applicable land development regulations as adopted by the city. The development review committee shall prepare an itemized list of written findings of fact, which support a recommendation of approval, approval with conditions, or denial of the U-PUD plan. The written findings of the development review committee shall be forwarded to the planning commission. Meetings of the development review committee shall be conducted in accordance with established policies and procedures.

(4)

Public notification. Public notice of the development review committee shall be given at least five calendar days in advance of the development review committee meeting by publication in a newspaper of regular and general circulation in the city and the county. In addition, written notice shall be mailed at least five calendar days in advance of the development review committee meeting to the current address (based on records of the county property appraiser's office) of each property owner within 500 feet of the project and to registered neighborhood associations. Due notice shall be given of the planning commission public hearings consistent with this Code and with the planning commission bylaws, and due notice shall be given of the city commission public hearings consistent with F.S. § 166.041(3). In cases in which formal proceedings are conducted under chapter 2, article III, division 2, subdivision II, of this Code, the notice for the public hearing held by the planning commission shall apply only to the public hearing on the recommended order from the administrative law judge.

(5)

Planning commission review. The planning commission shall review all U-PUD applications and the written findings of fact of the development review committee, and conduct a public hearing in order to formulate a recommendation to the city commission to approve, approve with conditions, or deny the development plan. The recommendation of the planning commission shall be supported by written findings of fact. Meetings of the planning commission shall be conducted in accordance with established policies and procedures. Formal proceedings before the planning commission may be requested in accordance with section 2-134.

(6)

City commission review. The city commission shall review all U-PUD applications, the recommendation and written findings of the development review committee and the planning commission, and conduct a public hearing. The city commission will then approve, approve with conditions, or deny the development plan. The decisions of the city commission shall be final and shall be supported by written findings. Meetings of the city commission shall be conducted in accordance with established policies and procedures. A U-PUD zoning district is established when a the U-PUD plan is approved by the city commission.

(k)

Revisions to urban planned unit developments. The applicant shall have 90 days from the date of the city commission meeting when final action is taken to submit a revised U-PUD to include any conditions of approval for the development plan imposed by the city commission. Any such changes shall be reviewed for acceptance by the development review committee members or their designees within ten days of receipt and shall bear the signature of the development review committee members or their designees before the U-PUD can be accepted as the approved plan. Upon written request from the applicant, one 90-day extension may be granted by the planning department director for submittal of the revised plan. Failure by the applicant to submit a revised site plan within the time frames specified in this section shall deem the U-PUD null and void.

(l)

Amendments to approved urban planned unit developments.

(1)

Major and minor U-PUD amendments. Any significant amendment to an approved U-PUD shall be reviewed as a new U-PUD. Notwithstanding this provision, the growth management director or their designee may approve minor amendments to the U-PUD if the growth management department determines that such amendments are substantially minor in nature and do not affect the overall character or intensity of the development. The criteria that the growth management department shall use to determine if the proposed changes affect the overall character of the U-PUD include, but are not limited to:

a.

A five percent or greater increase in the overall number of residential dwelling units or nonresidential building square feet;

b.

A five percent or greater decrease in the amount of acres devoted to common open space and/or natural area, or:

c.

A substantial change in the general location of the proposed land uses, including the common open space and/or natural areas.

(2)

Design or architectural changes to an approved U-PUD located in the Downtown area. All changes to approved U-PUDs located in the Downtown area shall be submitted to the planning department for review and comment. If such changes are deemed to differ significantly from the site plans, the elevations or renderings approved with the original U-PUD application, then the proposed changes shall be forwarded to the urban design committee for review and approval. Significant changes may include, but are not limited to:

a.

Deletion, addition, or redesign of major architectural elements;

b.

Revisions to building style or exterior finishes;

c.

Relocation of major site or building features such as parking areas, building entrances, public plazas, etc.

Exemptions from design review are found in section 9-182.

(3)

Design or architectural changes to an approved U-PUD located outside the Downtown area. All changes to approved U-PUDs located outside the Downtown area shall be reviewed and approved by the city commission.

(Code 1984, § 10.3(0)(3)4; Ord. No. 02-O-43AA, §§ 2, 3, 7-10-2002; Ord. No. 05-O-57, § 3, 10-26-2005; Ord. No. 09-O-18, § 3, 5-27-2009; Ord. No. 10-O-14AA, § 5, 2-23-2011; Ord. No. 13-O-03, § 12, 8-28-2013; Ord. No. 13-O-25, § 2, 10-23-2013; Ord. No. 15-O-04, § 11, 5-27-2015)

(Ord. No. 04-O-43AA, § 13, 6-23-04; Ord. No. 05-O-16AA, § 12, 3-30-2005; Ord. No. 10-O-14AA, § 5, 2-23-2011)

Editor's note— Ord. No. 10-O-14AA, § 5, adopted February 23, 2011, repealed the former section 10-201 in its entirety, which pertained to the downtown retail/entertainment core overlay, and derived from Ord. No. 03-O-10AA, § 6, adopted February 26, 2003. Subsequently, the former section 10-284 was amended and redesignated as section 10-201 herein. The historical notation of section 10-284 has been preserved for reference purposes.

(Ord. No. 04-O-43AA, § 13, 6-23-2004; Ord. No. 05-O-16AA, § 13, 3-30-2005; Ord. No. 10-O-14AA, § 5, 2-23-2011)

Editor's note— Ord. No. 10-O-14AA, § 5, adopted February 23, 2011, amended and redesignated the former section 10-285 as section 10-202 herein. The historical notation of the former section 10-285 has been preserved for reference purposes. See also editor's note at section 10-180.

(Ord. No. 04-O-43AA, § 13, 6-23-2004; Ord. No. 05-O-16AA, § 14, 3-30-2005; Ord. No. 10-O-14AA, § 5, 2-23-2011)

Editor's note— Ord. No. 10-O-14AA, § 5, adopted February 23, 2011, amended and renumbered the former sections 10-286—10-288 as sections 10-203—10-205. The historical notation has been preserved for reference purposes.

(Ord. No. 04-O-43AA, § 13, 6-23-2004; Ord. No. 05-O-16AA, § 15, 3-30-2005; Ord. No. 10-O-14AA, § 5, 2-23-2011)

Note— See editor's note at section 10-203.

(Ord. No. 05-O-16AA, § 16, 3-30-2005; Ord. No. 10-O-14AA, § 5, 2-23-2011)

Note— See editor's note at section 10-203.

The following applies to the Rural District:

(1)

Allowable uses; appropriate permit level and applicable development and locational standards.

Rural District

(2)

Maximum allowable gross square footage.*

Rural District

*Maximum 10,000 gross square feet, if located on a local street

(3)

Minimum development standards.

Rural District

(Code 1984, ch. 27, §§ 10.6.A—10.6.C; Ord. No. 15-O-17AA, § 4, 8-26-2015)

The following applies to the Urban Fringe District:

(1)

Allowable uses; appropriate permit level and applicable development and locational standards.

Urban Fringe District

(2)

Maximum allowable gross square footage.

Urban Fringe District

 * Maximum 10,000 gross square feet, if located on a local street.

** Only one neighborhood commercial site (quadrant) will be permitted at the intersection of a major collector and arterial road. The maximum allowable commercial development permitted at the neighborhood commercial area located at the intersection of two major collectors is 50,000 sq. ft. g.s.l.a.

(3)

Minimum development standards.

Urban Fringe District

* This number applies to the perimeter setback only.

** Maximum percent impervious area of developable portion of site.

*** This height applies to habitable portion of an industrial structure.

(Code 1984, ch. 27, §§ 10.6.D—10.6.F; Ord. No. 15-O-17AA, § 5, 8-26-2015)

The following applies to the High Intensity Urban Activity Centers Districts:

(1)

Allowable uses; appropriate permit level and applicable development and locational standards.