Weston City Zoning Code

   124.47(A)   Dimension requirements.

 

 

   124.47(B)   Setback Encroachments . Every part of every required yard Setback shall be open and unobstructed except as hereinafter provided or as otherwise permitted in this Code.

   124.47(B)(1)   Mechanical equipment, including, but not limited to air conditioning units, Irrigation and swimming pool equipment, may not project over 60 inches from the Building wall into a required minimum yard Setback , except generators. Generators may encroach no more than 50% from the building wall into a required minimum rear or side yard Setback and shall be prohibited within five feet of the adjacent front plane of the house. Setbacks from the Building and any operable openings shall be governed by the Florida Building Code. All generator fuel tanks shall be located below ground.

   124.47(B)(2)   Unenclosed and unroofed patios or decks may be located in a required side or rear yard to within five feet of a plot line or dedicated easement in accordance with §§ 120.01 and 120.02.

   124.47(B)(3)   Accessory Buildings and Uses shall require the same Setbacks as principal Buildings except as follows:

   124.47(B)(3)(a)   Side and rear yard Setbacks for Single-Family and DuplexLots , on Lots not on a Corner, may be reduced to five feet for Accessory Buildings and Uses when located on the rear half of the plot behind the principal Structure provided no encroachment onto a recorded easement would be created.

   124.47(B)(3)(b)   Notwithstanding any other provision in this Code, in agricultural and estate zoning districts Accessory Buildings and Structures for the housing or shelter of Animals shall require a minimum Setback of 50 feet from all plot lines.

   124.47(B)(4)   In residential districts accessory Structures may not exceed 12 feet in Height .

   124.47(B)(5)   Roof overhangs may not project more than 18 inches into a required yard (24 inches if the distance to the property line is ten feet or greater).

   124.47(C)   Rooftop Equipment. No portion of any Rooftop equipment may project above the Parapet or screening including all mechanical, electrical equipment, vents and stacks.

   124.48(A)   Determination of yards. When the definitions of yards do not clearly determine the front, side or rear yard, the City Manager shall be guided by the pattern of Development in the vicinity of the Lot and the platting of the lots in question in determining what is the applicable yard.

   124.48(B)   Double Frontage lots. The required front yard shall be provided on each Street Frontage .

(Ord. 2010-21, passed 10-4-2010; Am. Ord. 2012-12, passed 6-18-2012)

   Non-illuminated and non-moving architectural features, vertical attachments above the Height of the Structure , and Flagpoles, all of which are not a part of the Structure , may exceed the permissible Height limit in any nonresidential district by not more than 25%.

(Ord. 2010-21, passed 10-4-2010)

   Double Frontage lots shall be subject to the following requirements:

   124.50(A)   All fronts of Buildings shall face the same direction;

   124.50(B)   No vehicular access from the rear of the Building ;

   124.50(C)   The Rear Setback shall be the same as the required Front Setback ; and

   124.50(D)   All Accessory Structures shall be screened.

(Ord. 2010-21, passed 10-4-2010)

   124.51(A)   Generally. It is the intent of these provisions to establish suitable minimum separation between residential and nonresidential Uses in order to accomplish the following:

   124.51(A)(1)   To better reinforce compatible Development with adjacent residential and nonresidential land Uses , particularly low-density residential Uses through proper land Use transitions and separation techniques.

   124.51(A)(2)   To provide more adequately for the proper siting of nonresidential Accessory Uses such as loading, refuse storage, parking, mechanical equipment, and Exterior Lighting that can be the cause for noise, dust, glare, and other nuisances or inconveniences in proximity to low-density residential areas.

   124.51(A)(3)   To provide unobstructed minimal space for fire access, driveways, and service roads to service nonresidential activities.

   124.51(A)(4)   To provide unobstructed space for adequate Landscaping to screen Uses that adjoin residential settings.

   124.51(B)   Separation characteristics.

   124.51(B)(1)   Separations shall be provided between all residential and nonresidential Uses . Nonresidential Uses shall include, but not be limited to, office, Commercial , Institutional , industrial, and other like types of Uses that generate Traffic , noise, glare, or other nuisance-like activities. Where a nonresidential Use is allowed in a multi family district, this separation requirement is not applicable.

   124.51(B)(2)   Separations shall be a minimum of 100 feet wide on all adjacent sides exclusive of Street facings. When a MF4 zoned property abuts a Single-Family zoned property, separation shall also be a minimum of 100 feet wide to be measured from the nearest multi family Building to the nearest Single Family zoned property line. Landscaping in separations shall be a minimum of 50 feet in width to permit minimum space for the creation of Landscape berms, mounds, and the planting of vegetation including shade Trees and Hedge materials. The width of the separation shall increase five feet for every ten feet, or fraction thereof, the Height of the Building exceeds 30 feet.

   124.51(B)(3)   The City may require other means of separation including masonry walls to ward off noise and/or visually screen nonresidential properties from residential, after review of and in accordance with the guidelines set forth in subsection 124.51(A) of this Section. All Landscape areas shall be established beyond any and all required Utility , drainage, or other easements that would compromise the establishment of dense Landscaping without interfering with Utilities .

   124.51(B)(4)   The following are permitted only in areas that lie beyond the required Landscaped portions of the separation area:

   124.51(B)(4)(a)   Fences, walls, and Hedges .

   124.51(B)(4)(b)   Parking.

   124.51(B)(4)(c)   Service drives.

   124.51(B)(4)(d)   Utility easements.

   124.51(B)(4)(e)   Drainage easements.

(Ord. 2010-21, passed 10-4-2010; Am. Ord. 2016-17, passed 9-12-2016)

   124.52(A)   General provisions. Lighting shall not be used as advertising nor shall it draw more attention to the area at night than during the day. Lighting shall be compatible with the neighborhood.

   124.52 (B)   Measurement.  Footcandles shall be measured with a direct reading portable low range light meter having an accuracy range of within plus or minus 8% at 1.2 Footcandles. The accuracy of the meter shall be certified by an independent commercial photometric laboratory within one Year of the date of its Use . The horizontal illuminance readings shall be taken at the surface of the roadway.

   124.52(C)   Standards. All parking facilities, exterior site areas, and private roadways to be developed in the future shall be illuminated according to the standards contained herein:

   124.52(C)(1)   Intensity of illumination. The current edition of the IESNA Lighting Handbook, published by the Illuminating Engineering Society, is the standard to be used by the architect or engineer as a guide for the design and testing of lighting. The standards contained therein shall apply unless standards developed and adopted by this Section or subsequent amendments are more restrictive, in which case the more restrictive standards shall apply.

   124.52(C)(1)(a)   For exterior parking facilities, the intensity of illumination shall provide an average maintained illumination of not less than one Footcandle equal to one lumen per square foot at grade level, and shall be well distributed in the pavement areas; however, at no point shall illumination be less than one-half Footcandle of light measured at grade level. The maximum to minimum Footcandle level shall not exceed a 12 to one (12:1) ratio and the average to minimum Footcandle level shall not exceed a four to one (4:1) ratio.

   124.52(C)(1)(b)   Garage parking facilities shall provide an average intensity of illumination of not less than 50 Footcandles at the entrance area (the drive aisle and any adjacent parking stalls, and from the portal or physical Building line to 60 feet inside the Structure ), ten Footcandles in Traffic lanes, and five Footcandles in storage areas.

   124.52(C)(1)(c)   Automatic teller machines (ATMs) shall be provided with a maintained minimum 15 Footcandles at the face and ten Footcandles on all horizontal surfaces within ten feet of the face of the ATM. An average horizontal illumination of three Footcandles at grade level shall be provided within a 60-foot radius of exterior units.

   124.52(C)(1)(d)   Along private roadways serving a new Development where inadequate or no lighting exists, developers shall be required to install Street lights with a maintained minimum of one-half Footcandle of light measured at grade level. The maximum to minimum Footcandle level shall not exceed a 12 to one (12:1) ratio and the average to minimum Footcandle level shall not exceed a four to one (4:1) ratio.

   124.52(C)(2)   Parking facility lighting plan. All site plans for Buildings to be constructed after the effective date of this Section must be accompanied by a parking facility lighting plan. The lighting plan shall be certified by a licensed architect or a licensed professional engineer as providing illumination in accordance with the applicable minimum standards set forth in subsection 124.52(C)(1) above. Subsequent Construction must comply with said lighting plan.

   124.52(C)(3)   Automatic devices required; hours of illumination. All required illumination shall be controlled by automatic devices:

   124.52(C)(3)(a)   For business Uses with exterior or garage parking facilities, the required illumination shall be provided at least 30 minutes after sunset until sunrise.

   124.52(C)(3)(b)   Any parking facility that serves a residential Use must maintain the minimum levels of illumination established by this Section through the use of natural or artificial light 24 hours per day.

   124.52(C)(4)   Metal halide or Light Emitting Diodes (LED) lighting only. The only lighting permitted shall be metal halide or LED.

   124.52(C)(5)   Shading and screening. In order to minimize offensiveness to persons on neighboring property and to eliminate distractions to and temporary blinding of drivers of vehicles passing illuminated property, all artificial parking Lot or site area lighting shall either be shaded, recessed, or screened in a manner that eliminates spillover of lighting onto adjacent property and public Rights-Of-Way . Spillover, measured at the property line, shall not exceed one-half Footcandle vertical or horizontal illumination onto adjacent properties, light measured at grade level, and shall measure zero Footcandle vertical or horizontal ten feet into adjacent property. In no case shall lighting, either pole-mounted or Building -mounted, be pointed toward the perimeter of the area being illuminated. Roof mounted lighting is prohibited.

   124.52(C)(7)   Letters of compliance required. The lighting installation shall not be placed in permanent Use until a letter of compliance from a licensed professional engineer or architect has been provided stating that installation has been field-checked and meets the requirements as stated above.

   124.52(C)(8)   Compliance time limits. All properties that have illumination standards that do not comply with this Section shall be required to be in compliance within 180 days of its adoption.

   No Lot may be built upon unless it is accessible by a designated public or private Right-Of-Way that is paved for vehicular and pedestrian Use and complies with the City ’s Engineering Standards.

(Ord. 2010-21, passed 10-4-2010)

   124.54(A)   Off-street parking required.

   124.54(A)(1)   Every Building , Use , or Structure instituted or erected shall be provided with off-street parking facilities in accordance with the provisions of this Section for the Use of occupants, employees, visitors, or patrons.

   124.54(A)(2)   All existing off-street parking facilities and all off-street parking facilities instituted shall be maintained and continued as an Accessory Use as long as the BuildingUse with which the off-street parking facilities are associated continues to exist.

   124.54(A)(4)   When any Building or Use , either existing prior to the effective date of this Section or constructed or instituted subsequent to the effective date of this Section is changed in Use or occupancy, or is increased in capacity, floor area, or density, the minimum amount of off-street parking spaces required by this Section shall be provided for the Gross Floor Area occupied by any new Use or occupancy and for any increased floor area or capacity or overall density. Any such change in Use or occupancy or increase in floor area, capacity, or density shall also comply with requirements of the City Code and land Development regulations. If a site plan was approved under a prior Code that required a lesser amount of off-street parking than is currently required but excess parking was provided, then the excess parking spaces can be applied to meet the current code requirements for a proposed change of Use on all or a portion of the site plan. A tabulation of the allocation of the excess spaces will be maintained by the City . When all of the original excess spaces have been allocated, no Uses that require additional parking may be permitted without a shared parking analysis and agreement or variance is approved by the City Commission .

   124.54(A)(5)   It shall be unlawful for any Owner or operator of any Building , Structure , or Use affected by this Section to discontinue, change, or dispense with the required parking facilities, apart from the discontinuance, sale, or transfer of such Structure or Use , without establishing alternative vehicle parking facilities which meet the requirements of this Section. It shall be unlawful for any Person , firm, or corporation to occupy such Building or Structure for any purpose without providing the off-street parking facilities to meet the requirements of and be in compliance with this Section. Failure to maintain the required off-street parking facilities in accordance with this Section shall constitute grounds for revocation of any certificate of Use issued for Use of the premises.

   124.54(B)   Location, character, and size.

   124.54(B)(1)   Location. The off-street parking facilities required by this Section shall be located on the same plot or Parcel Of Land such facilities are intended to serve. No parking space is permitted to be located beneath any portion of a nonresidential Building that is occupied, or capable of being occupied, unless such parking space is completely enclosed by walls that match the Building face that each wall is a part of.

   124.54(B)(2)   Size. Each parking space and aisle width shall not be less than the parking dimension standards depicted in the table below, “Minimum Space Requirements at Various Parking Angles for Self-Parking Facilities.” If a Parking Aisle requires access for Emergency vehicles, garbage trucks, or trucks moving to or from a loading area, that Parking Aisle shall be at least 20 feet wide.

   124.54(B)(3)   Access. All required parking spaces shall not be directly accessible from a public or private Street, alley, or recorded ingress and egress easement. All off-street parking areas shall be designed to permit safe maneuvering of vehicles, and each space shall be accessible without driving over or through any other parking space, loading area, or fire lane except for Single-Family detached Dwellings , Duplex Dwellings , Villas, and Townhouses having a carport or garage as part of the Dwelling Unit . No parking space shall be designed to permit backout parking onto a Public Right-Of-Way or across a Sidewalk , pedestrian crosswalk, or other area of high pedestrian concentration. This provision shall not apply to Single-Family detached Dwellings , Duplex Dwellings , or Villas and Townhouses which have an attached carport or garage as part of the Townhouse unit.

   124.54(B)(4)   Dead end parking. Dead end Parking Aisles in excess of 50 linear feet shall be prohibited unless a turnaround or cul-de-sac adequate for Public Right-Of-Way is provided. This requirement shall not apply to residential Development .

   124.54(B)(5)   Parking space designation. All required off-street parking spaces shall be clearly delineated by four-inch-wide, painted striping (white on asphalt, pavers and concrete), except for Single-Family detached and Duplex Dwellings , and Villa and TownhouseDwellings which have an attached carport or garage as part of the Villa or Townhouse unit. Nonresidential Uses in rural and agricultural districts shall require bumper guards or wheel stops in lieu of striping where unpaved parking areas are permitted. Parking stalls which abut Landscaped areas, Sidewalks , Structures , or property lines shall be designed with bumper guards, wheel stops, or contiguous curbing. The required bumper guards, wheel stops, or curbing shall be located a minimum of two and one-half feet from any Landscaped area, Sidewalk , or property line. Where wheel stops are not utilized, the concrete curbing must be FDOT Type “D” or Type “F” curbing.

   124.54(B)(6)   Garage entrances. No required off-street parking space may be located in front of any garage entrances or other loading area in a nonresidential Building , except self-storage Warehouses . Such area may, however, be used to satisfy off-street loading requirements of this Section, providing sufficient driveway or aisle width according to the table below is provided adjacent to such Off-Street Loading Area .

   124.54(B)(7)   Setbacks .

   124.54(B)(7)(a)   Nonresidential. All driveways and Parking Aisles shall be at least five feet from any main or Accessory Buildings or Structures if curbed, and at least ten feet if uncurbed. Parking areas at the rear of industrial Uses which include or are adjacent to loading areas may be permitted if adequate protection is provided by bollards.

   124.54(B)(7)(b)   Residential. All driveways and parking spaces for one-family attached and detached Dwellings on separate plots or lots of record shall be set back at least two and one-half feet from any side property line. Where the driveway is flared with a radius, the Setback shall be measured from the commencement of the flare to the property line.

   124.54(B)(8)   Drainage. All off-street parking facilities required by this Section shall be drained and contained within the property so as not to cause any nuisances on adjacent or public property and shall be in accordance with the requirements of the appropriate enforcing agency.

   124.54(B)(9)   Identification of parking lots. Signage shall comply with the U.S.D.O.T. Manual on Uniform Traffic Control Devices and all applicable sections of the City Code governing signage.

   124.54(B)(10)   Tables and diagrams.

 

   124.54(C)   Drive-Through Facilities .

   124.54(C)(1)   Stacking within any Public Right-Of-Way or primary accessway shall be prohibited.

   124.54(C)(2)   Egress from a Drive-Through lane onto a Public Right-Of-Way shall be prohibited.

   124.54(C)(3)   Businesses that provide a Drive-Through service are required to provide Drive-Through service lanes or stacking spaces for stacking or queuing, as separate and distinct lanes from the circulation lanes necessary for entering or exiting the plot.

   124.54(C)(4)   Each Drive-Through lane or stacking space shall be separated from other On-Site lanes or aisles. Each such Drive-Through lane or stacking space shall be curbed, striped, marked, or otherwise distinctly delineated.

   124.54(C)(5)   Drive-Through lanes leading to or from gasoline pumps or pump islands shall provide a minimum width of 16 feet for one-way entrance and exit. All Drive-Through lanes which lead to two gasoline pump islands shall provide a minimum of 24 feet from curb to curb between pumps or pump islands.

   124.54(C)(6)   All Drive-Through bank facilities shall provide a minimum nine-foot wide vehicular service position between each Drive-Through teller facility.

   124.54(C)(7)   A separate and distinct escape lane shall be provided if necessary to prevent entrapment of vehicles on that portion of the site if no other reasonable point of egress is available other than through the Drive-Through Facility . An escape lane shall not be required if the Drive- Through lane is designed and located in such a way as to be segregated from the normal Traffic flow of the site, and signed appropriately to prevent accidental entry.

   124.54(C)(8)   Drive-Through lanes or stacking spaces shall not conflict or otherwise hamper access to or from any parking space or loading space.

   124.54(C)(9)   Pedestrian walkways shall be clearly separated from Drive-Through lanes or stacking spaces.

   124.54(C)(10)   Except for Drive-Through bank facilities and gasoline pump island Drive-Through lanes as specified above, any other drive-through lane or stacking space is hereby defined as being ten feet wide by 22 feet in length.

   124.54(C)(11)   Inbound Drive-Through lanes or stacking spaces shall be counted from the first stopping point. Outbound Drive-Through lanes or stacking spaces shall be counted from the last stopping point.

   124.54(C)(12)   The required amount of stacking spaces shall be as described in subsection 124.54(J). Any business not listed in the subsection “Amount of off-street parking” shall have the same requirements as the most similar Use described therein as determined by the City .

   124.54(D)   Plans. Engineering plans signed and seated by a Florida registered professional Engineer shall be submitted with every application for a permit or Development Order for a new Building , an addition to an existing Building , or for a change in the Use of any existing Building or plot of land required to provide off-street parking under this Section, which plan shall clearly and accurately designate the required parking spaces, access aisles and driveways, and relation to the Uses or Structures these off-street parking facilities are intended to serve. An off-street parking data box on the site plan shall list the project’s off-street parking provided in reference to the satisfaction of all off-street parking regulations of this Section including proposed Building and site usage and parking totals showing required versus provided.

   124.54(E)   Calculating required parking.

   124.54(E)(1)   Uses not specifically mentioned. The parking requirements for Uses not specifically mentioned shall be the same as provided in this Section for the most similar Use as determined by the City.

   124.54(E)(2)   Fractional spaces. When units or measurements determining the total number of required off-street parking spaces result in a fractional space, any such fraction shall require a full off-street parking space.

   124.54(E)(3)   Mixed Uses . In the case of mixed Uses , the total requirement for off-street parking spaces shall be the sum of the various Uses computed separately.

   124.54(E)(4)   Gross Floor Area Measurement.  Gross Floor Area shall mean the Gross Floor Area inside the exterior walls. In stadiums, sports arenas, religious facilities, bars, and other places of assembly in which occupants utilize benches, pews, stools, chairs, or other similar seating facilities, every 24 lineal inches of such seating shall be counted as one seat for the purpose of computing off-street parking requirements.

   124.54(F)   Shared parking.

   124.54(F)(1)   Properties owned by a single entity or subject to a cross access/cross parking agreement may apply to the City for approval of shared parking. The application for shared parking shall include an independent parking study in a form acceptable to the City which includes but is not limited to information indicating that the Uses are such that a sufficient disparity in peak demand for parking spaces exists to support the concept of shared parking.

   124.54(F)(2)   Required parking spaces may be permitted to be utilized for meeting the parking requirements of two or more separate permitted Uses when it is clearly established by the Applicant that the two or more Uses will utilize the spaces at different times of the day, week, month, or Year . A recordable covenant, with the correct legal description, shall be submitted by the owners of the property and the two or more businesses or Tenants involved in a form acceptable to the office of the City Attorney . The covenant shall be recorded in the Public Records of Broward County at the Applicant ’s expense, and shall run with the land. The covenant shall provide that the Use or portion of a Use that requires the shared parking in order to obtain the necessary permits or licenses shall cease and terminate upon any change in their respective schedules of operation that results in conflicting or overlapping usage of the parking facilities, and no nonresidential Use may be made of that portion of the property until the required parking facilities are available and provided. The covenant shall also provide that the City may collect attorneys’ fees if litigation is necessary to enforce the requirements of this Section.

   124.54(F)(3)   No part of an off-street parking area required for any Building or Use by this Section shall be included as a part of an off-street parking area similarly required for another Building or Use unless the type of Use indicates that the periods of usage will not overlap or be concurrent with each other as determined by the City .

   124.54(F)(4)   Site plan amendments that involve a change in Use . In order to ensure that there is adequate parking within the City , certain development are required to prepare a shared parking analysis prior to site plan approval. If such a development submits an application for a site plan amendment, which proposes to change 20% or more of the square footage of the approved Uses within the development to a more intense Use , a new shared parking analysis shall be required prior to approval of the site plan amendment.

   124.54(G)   Combined off-street parking. Nothing in this Section shall be construed to prevent collective provision for, or joint Use of, off-street parking facilities for two or more Buildings or Uses by two or more owners or operations, provided that the total of such parking spaces when combined or used together shall not be less than the sum of the requirements of the several individual Uses computed separately in accordance with this Section. In such cases, a recorded agreement shall be executed at the Applicant ’s expense.

   124.54(H)   Parking for disabled persons. All applicable State and federal laws relating to parking spaces for certain disabled persons in all public and private parking areas, including minimum dimensions, requirements, location, and posting of Signs , shall be adhered to on all proposed developments and parking facilities which require revisions.

   124.54(I)   Amount of off-street parking.

   124.54(I)(1)   The following minimum amounts of off-street parking shall be provided for all Buildings and Uses :

 

   124.54(J)   Stacking spaces necessary per service position or drop-off point for the provision of this Section shall be determined using the following table:

 

   124.54(K)   Off-street loading.

   124.54(K)(1)   On the same plot with every Structure or Use specified herein which is hereafter erected or created, there shall be provided and maintained adequate space for loading and unloading of materials, goods, or things, and for delivery and shipping, so that vehicles for these services may Use this space without interfering with the public Use of Streets, alleys, and off-street parking areas by pedestrians and vehicles.

   124.54(K)(2)   Where any Structure is enlarged or any Use is extended so that the size of the resulting occupancy comes within the scope of this Section, the full amount of off-street loading space shall be provided and maintained for the Structure or Use in its enlarged or extended size. Where the Use of a Structure or land or any part thereof is changed to a Use requiring off-street loading space under this Section, the full amount of off-street loading space shall be provided and maintained to comply with this Section.

   124.54(K)(3)   For the purpose of this Section, an off-street loading space shall be an area at the grade level at least 12 feet wide by 45 feet long with a 14-foot vertical clearance, except that for plots containing an aggregate amount of less than 10,000 square feet of Gross Floor Area of Buildings , and except for office Buildings and banks, an off-street loading space may be 12 feet in width by 25 feet long. Each off-street loading without crossing or entering any other required off-street loading space shall be clearly marked as to purpose, and shall be arranged for convenient and safe ingress and egress by motor truck and/or trailer combination. Off-street loading spaces shall not be located in a Parking Aisle and shall not be more than 30 feet from the Building which the off-street loading space serves. Any pedestrian walkway crossing ingress and egress to an off-street loading space shall be clearly marked.

   124.54(K)(4)   Off-street loading spaces shall be provided and maintained in accordance with the following schedule:

   124.54(K)(4)(a)   For each retail complex, storage Warehouse excluding self-storage Warehouses , wholesale establishment, industrial plant, factory, freight terminal, Restaurant , mortuary, laundry, office Building , dry cleaning establishment, bank or similar Use which has an aggregate Gross Floor Area of:

 

 

   124.54(K)(4)(b)   For each auditorium, convention hall, exhibition hall, museum, hotel, sports arena, stadium, hospital, or similar Use which has an aggregate Gross Floor Area of:

 

 

   124.54(K)(4)(c)   For any Use not specifically mentioned in this Section, the requirements for off-street loading for a Use which is so mentioned and to which the unmentioned Use is similar shall apply. Single- Family and Duplex Dwellings and multiple- FamilyDwellings are not required to provide off-street loading facilities.

   124.54(K)(5)   Off-street loading facilities supplied to meet the needs of one Use shall not be considered as meeting off-street loading needs of any other Use .

   124.54(K)(6)   No area or facility supplied to meet the required off-street parking facilities for a Use shall be utilized for or be deemed to meet the requirements of this Section for off-street loading facilities.

   124.54(K)(7)   Nothing in this Section shall prevent the collective, joint, or combined provision of off-street loading facilities for two or more Buildings or Uses on the same site, provided that such off-street loading facilities are equal in size and capacity to the combined requirements of the several Buildings or Uses and are so located and arranged as to be usable thereby.

   124.54(K)(8)   Plans for Buildings or Uses requiring off-street loading facilities under the provisions of this Section shall clearly indicate the location, dimensions, clearances, and access of all such required off-street loading facilities.

   124.54(K)(9)   All off-street loading facilities shall be located on the plot which they are intended to serve.

   124.54(L)(1)   All bicycle racks shall comply with the Association of Pedestrian and Bicycle Professionals (APBP) bicycle parking provisions.

   124.54(L)(2)   All new non-residential development shall provide end of trip bicycle facilities. End of trip bicycle facilities may include either bicycle racks or bicycle lockers. The end of trip bicycle facilities shall be located at a reasonable location on-site. The minimum number of bicycle parking spaces shall be the greater of one bicycle parking stall per ten vehicle parking stalls or four bicycle parking stalls.

   124.54(L)(3)   All new non-residential development and redevelopment may substitute up to 5% of the required vehicle parking stalls for bicycle lockers spaces if indoor shower facilities are provided.

   124.54(M)(1)   The City Commission may grant a petition for waiver for off-street parking requirements for nonresidential properties, provided the City Commission finds that the parking utilization study and parking survey submitted by the Applicant demonstrates that adequate parking exists given the projected and existing use of the Property.

   124.54(M)(2)   It is the responsibility of the Applicant to submit the necessary documentation to support a petition for waiver pursuant to this section. At a minimum, the Applicant shall submit the following:

   124.54(M)(2)(a)   Parking utilization study. The parking utilization study shall be certified by a Florida licensed Professional Engineer and shall document the existence of certain facts related to the projected use of the parking facility and its relationship to surrounding rights-of-way and properties. The parking utilization study shall include an inventory of spaces, counts of vehicles parked, the week and day the study will be conducted, the number of days and duration of the study, the time intervals for data collection, and an analysis of the results including, but not limited to, average occupancy, average parking turnover and average parking duration. Prior to the submittal of the parking utilization study, the methodology for conducting the study shall be submitted to the City for review and approval by the City Traffic Engineer.

   124.54(M)(2)(b)    Parking survey. The parking survey shall be performed using the "License Plate Check" method in accordance with procedures outlined in the Institute of Transportation Engineers' Manual of Transportation Engineering Studies. Parking occupancy counts shall be performed in 15-minute intervals unless otherwise approved by the City Traffic Engineer. The field data sheets utilized during the parking survey shall be submitted as part of the parking utilization study.

   124.54(M)(3)   The Applicant shall have the burden of proof which shall include the burden of going forward with the evidence and the burden of persuasion on all questions of fact which are to be determined by the City Commission.

   124.54(M)(4)   The maximum waiver permitted shall not exceed 20% of the aggregate required parking including all valid waivers and variances granted on the property.

   124.54(M)(5)   The City Commission may require appropriate conditions, stipulations, and safeguards as conditions of granting any waiver. A violation of these conditions, stipulations, and safeguards shall be deemed a violation of the Code.

   124.54(M)(6)   A waiver granted pursuant to this section shall no longer be valid upon the termination of the specific use and conditions for which the waiver has been granted, and shall not run with the land.

   124.54(M)(7)   Whenever a waiver application has been denied, the City Commission shall not consider any further request for substantially the same waiver on the same part of the same property for a period of 12 months from the date of such action. The above time limit may be waived by an affirmative vote of the City Commission, when the City Commission deems such action necessary due to changed circumstances to prevent an injustice or to facilitate the proper Development of the City based upon evidence provided by the Applicant.

   Uses without Buildings shall maintain the required Setbacks in the applicable zoning district.

(Ord. 2010-21, passed 10-4-2010)

   No residentially zoned land shall be used for driveway or vehicular access purposes to any other plot that is nonresidentially zoned unless specifically permitted by the City Commission following a public hearing.

(Ord. 2010-21, passed 10-4-2010)