Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 1
ARTICLE 4
USE REGULATIONS
Page
CHAPTER A
USER GUIDE AND GENERAL PROVISIONS ................................................................................ 9
Section 1 Overview .......................................................................................................................................... 9
Section 2 Variance Relief Prohibited ............................................................................................................. 9
Section 3 Zoning and Future Land Use Consistency .................................................................................. 9
Section 4 Overlays ........................................................................................................................................... 9
Section 5 Airport Zones .................................................................................................................................. 9
Section 6 Specific Regulations for Standard Zoning Districts ................................................................... 9
Section 7 Determining Approval Process ................................................................................................... 10
A. Organization ............................................................................................................................................... 10
B. Use Classification ...................................................................................................................................... 10
C. Use Matrix ................................................................................................................................................... 10
1. Permitted by Right .............................................................................................................................. 10
2. Development Review Officer (DRO) .................................................................................................. 10
3. Class B Conditional Use..................................................................................................................... 10
4. Class A Conditional Use..................................................................................................................... 10
5. Temporary Use .................................................................................................................................... 10
6. Prohibited Use ..................................................................................................................................... 10
D. General Standards ..................................................................................................................................... 11
E. Definitions and Supplementary Use Standards for Specific Uses ....................................................... 11
Section 8 Use Functions ............................................................................................................................... 11
A. Principal ...................................................................................................................................................... 11
B. Collocated .................................................................................................................................................. 11
C. Accessory ................................................................................................................................................... 11
D. Flex Space .................................................................................................................................................. 11
Section 9 Development Thresholds ............................................................................................................. 11
A. Development Review Officer .................................................................................................................... 11
B. Public Hearing Approval ........................................................................................................................... 12
1. Exemptions .......................................................................................................................................... 12
C. Density Bonus ............................................................................................................................................ 12
D. Agricultural Reserve Design Elements ................................................................................................... 12
CHAPTER B USE CLASSIFICATION ................................................................................................................. 13
Section 1 Residential Uses ........................................................................................................................... 13
A. Residential Use Matrix .............................................................................................................................. 13
B. General Residential Standards ................................................................................................................ 15
1. Accessory Affordable Housing ......................................................................................................... 15
C. Definitions and Supplementary Use Standards for Specific Uses ....................................................... 15
1. Congregate Living Facility (CLF) ....................................................................................................... 15
2. Cottage Home ...................................................................................................................................... 16
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Article 4 – Use Regulations
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3. Family Community Residence ........................................................................................................... 16
4. Mobile Home Dwelling ........................................................................................................................ 19
5. Multifamily ........................................................................................................................................... 19
6. Recovery Community ......................................................................................................................... 20
7. Single Family ....................................................................................................................................... 22
8. Townhouse .......................................................................................................................................... 22
9. Transitional Community Residence .................................................................................................. 22
10. Zero Lot Line Home (ZLL) .................................................................................................................. 25
D. General Standards for Accessory Uses .................................................................................................. 26
1. Corresponding Accessory Use to a Principal Use .......................................................................... 26
2. Property Development Regulations (PDRs) ..................................................................................... 26
3. Ownership ............................................................................................................................................ 26
4. Duplicate Use ...................................................................................................................................... 26
5. Discontinuation of Use ....................................................................................................................... 26
E. Accessory Residential Uses and Standards .......................................................................................... 27
1. Accessory Quarters ............................................................................................................................ 27
2. Caretaker Quarters .............................................................................................................................. 27
3. Employee Housing .............................................................................................................................. 27
4. Estate Kitchen ..................................................................................................................................... 29
5. Family Day Care Home ....................................................................................................................... 29
6. Farm Residence .................................................................................................................................. 29
7. Farm Workers Quarters ...................................................................................................................... 29
8. Garage Sale ......................................................................................................................................... 29
9. Groom's Quarters................................................................................................................................ 29
10. Guest Cottage ...................................................................................................................................... 30
11. Home-based Business........................................................................................................................ 31
12. Kennel, Type 1 ..................................................................................................................................... 33
13. Limited Pet Boarding .......................................................................................................................... 33
Section 2 Commercial Uses ......................................................................................................................... 35
A. Commercial Use Matrix ............................................................................................................................. 35
B. General Commercial Standards ............................................................................................................... 39
1. Bay Doors ............................................................................................................................................ 39
C. Definitions and Supplementary Use Standards for Specific Uses ....................................................... 39
1. Adult Entertainment ............................................................................................................................ 39
2. Auction ................................................................................................................................................. 44
3. Bed and Breakfast ............................................................................................................................... 44
4. Car Wash .............................................................................................................................................. 45
5. Catering Service .................................................................................................................................. 45
6. Cocktail Lounge .................................................................................................................................. 45
7. Convenience Store .............................................................................................................................. 46
8. Dispatching Service ............................................................................................................................ 46
9. Dog Day Care ....................................................................................................................................... 46
10. Financial Institution ............................................................................................................................ 47
11. Financial Institution with Drive-Through Facilities ......................................................................... 47
12. Financial Institution – Freestanding ATM ......................................................................................... 47
13. Flea Market, Indoor ............................................................................................................................. 48
14. Flea Market, Outdoor .......................................................................................................................... 48
15. Gas and Fuel Sales, Retail ................................................................................................................. 48
16. Green Market ....................................................................................................................................... 49
17. Hotel or Motel ...................................................................................................................................... 50
18. Kennel, Type 2 (Commercial) ............................................................................................................. 50
19. Kennel, Type 3 (Commercial) ............................................................................................................. 51
20. Landscape Service .............................................................................................................................. 51
21. Laundry Service .................................................................................................................................. 55
22. Marina ................................................................................................................................................... 55
23. Medical or Dental Office ..................................................................................................................... 55
24. Office, Business or Professional ....................................................................................................... 56
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Article 4 – Use Regulations
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25. Parking, Commercial .......................................................................................................................... 56
26. Pawnshop ............................................................................................................................................ 56
27. Personal Services ............................................................................................................................... 57
28. Repair and Maintenance, Heavy ........................................................................................................ 57
29. Repair and Maintenance, Light .......................................................................................................... 58
30. Repair Services, Limited .................................................................................................................... 58
31. Restaurant, Type 1 .............................................................................................................................. 59
32. Restaurant, Type 2 .............................................................................................................................. 61
33. Retail Sales .......................................................................................................................................... 62
34. Rooming and Boarding House .......................................................................................................... 63
35. Self-Service Storage ........................................................................................................................... 63
36. Single Room Occupancy (SRO) ........................................................................................................ 65
37. Theater and Performance Venue ....................................................................................................... 65
38. Vehicle or Equipment Sales and Rental, Heavy ............................................................................... 65
39. Vehicle Sales and Rental, Light ......................................................................................................... 67
40. Veterinary Clinic .................................................................................................................................. 69
41. Vocational Institution .......................................................................................................................... 70
42. Work/Live Space ................................................................................................................................. 70
Section 3 Recreation Uses ........................................................................................................................... 71
A. Recreation Use Matrix ............................................................................................................................... 71
B. General Recreation Standards ................................................................................................................. 73
1. Tier Specific ......................................................................................................................................... 73
C. Definitions and Supplementary Use Standards for Specific Uses ....................................................... 73
1. Arena or Stadium or Amphitheater ................................................................................................... 73
2. Campground ........................................................................................................................................ 73
3. Entertainment, Indoor ......................................................................................................................... 75
4. Entertainment, Outdoor ...................................................................................................................... 75
5. Fitness Center ..................................................................................................................................... 76
6. Golf Course .......................................................................................................................................... 76
7. Park, Neighborhood Infill ................................................................................................................... 77
8. Park, Passive ....................................................................................................................................... 77
9. Park, Public .......................................................................................................................................... 77
10. Shooting Range, Indoor ..................................................................................................................... 78
11. Shooting Range, Outdoor .................................................................................................................. 78
12. Zoo ........................................................................................................................................................ 78
Section 4 Institutional, Public, and Civic Uses ........................................................................................... 79
A. Institutional, Public, and Civic Use Matrix .............................................................................................. 79
B. General Institutional, Public, and Civic Standards ................................................................................ 81
1. Agricultural Reserve (AGR) Tier ........................................................................................................ 81
C. Definitions and Supplementary Use Standards for Specific Uses ....................................................... 81
1. Animal Shelter ..................................................................................................................................... 81
2. Assembly Institutional Nonprofit ...................................................................................................... 81
3. Assembly Membership Nonprofit ...................................................................................................... 82
4. Cemetery .............................................................................................................................................. 82
5. College or University .......................................................................................................................... 83
6. Crematory ............................................................................................................................................ 83
7. Day Care ............................................................................................................................................... 83
8. Funeral Home ...................................................................................................................................... 85
9. Government Services ......................................................................................................................... 85
10. Homeless Resource Center ............................................................................................................... 85
11. Hospital ................................................................................................................................................ 86
12. Place of Worship ................................................................................................................................. 86
13. Prison, Jail, or Correctional Facility .................................................................................................. 87
14. School – Elementary or Secondary ................................................................................................... 87
15. Skilled Nursing or Residential Treatment Facility ........................................................................... 89
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Article 4 – Use Regulations
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Section 5 Industrial Uses .............................................................................................................................. 91
A. Industrial Use Matrix ................................................................................................................................. 91
B. General Industrial Standards ................................................................................................................... 93
C. Definitions and Supplementary Use Standards for Specific Uses ....................................................... 93
1. Contractor Storage Yard .................................................................................................................... 93
2. Data and Information Processing ...................................................................................................... 94
3. Distribution Facility ............................................................................................................................. 94
4. Equestrian Waste Management Facility ........................................................................................... 94
5. Gas and Fuel, Wholesale .................................................................................................................... 95
6. Heavy Industry .................................................................................................................................... 96
7. Machine or Welding Shop .................................................................................................................. 96
8. Manufacturing and Processing ......................................................................................................... 96
9. Medical or Dental Laboratory ............................................................................................................ 97
10. Multi-Media Production ...................................................................................................................... 97
11. Recycling Center ................................................................................................................................. 97
12. Recycling Plant ................................................................................................................................... 98
13. Research and Development ............................................................................................................... 98
14. Salvage or Junk Yard.......................................................................................................................... 99
15. Towing Service and Storage .............................................................................................................. 99
16. Truck Stop ........................................................................................................................................... 99
17. Warehouse ......................................................................................................................................... 100
18. Wholesaling ....................................................................................................................................... 100
Section 6 Agricultural Uses ........................................................................................................................ 101
A. Agricultural Use Matrix ........................................................................................................................... 101
B. General Agricultural Standards ............................................................................................................. 103
C. Definitions and Supplementary Use Standards for Specific Uses ..................................................... 103
1. Agriculture, Bona Fide...................................................................................................................... 103
2. Agriculture, Light Manufacturing .................................................................................................... 105
3. Agriculture, Packing Plant ............................................................................................................... 106
4. Agriculture, Renewable Fuels Production...................................................................................... 106
5. Agriculture, Research and Development........................................................................................ 107
6. Agriculture, Sales and Service ........................................................................................................ 107
7. Agriculture, Storage .......................................................................................................................... 107
8. Agriculture, Transshipment ............................................................................................................. 108
9. Aviculture, Hobby Breeder ............................................................................................................... 108
10. Community Vegetable Garden ......................................................................................................... 108
11. Equestrian Arena, Commercial ........................................................................................................ 109
12. Farmers Market ................................................................................................................................. 109
13. Nursery, Retail ................................................................................................................................... 109
14. Nursery, Wholesale ........................................................................................................................... 110
15. Potting Soil Manufacturing .............................................................................................................. 111
16. Produce Stand ................................................................................................................................... 112
17. Shade House ..................................................................................................................................... 114
18. Stable, Commercial ........................................................................................................................... 116
19. Stable, Private ................................................................................................................................... 116
20. Sugar Mill or Refinery ....................................................................................................................... 116
Section 7 Utility Uses .................................................................................................................................. 117
A. Utility Use Matrix...................................................................................................................................... 117
B. General Utility Standards ........................................................................................................................ 119
C. Definitions and Supplementary Use Standards for Specific Uses ..................................................... 119
1. Chipping and Mulching .................................................................................................................... 119
2. Composting Facility .......................................................................................................................... 120
3. Electric Distribution Substation ...................................................................................................... 121
4. Electric Power Plant .......................................................................................................................... 121
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5. Electric Transmission Substation ................................................................................................... 122
6. Landfill or Incinerator ....................................................................................................................... 122
7. Minor Utility ....................................................................................................................................... 123
8. Renewable Energy Solar Facility ..................................................................................................... 123
9. Renewable Energy Wind Facility ..................................................................................................... 125
10. Solid Waste Transfer Station ........................................................................................................... 128
11. Water or Wastewater Treatment Plant ............................................................................................ 129
Section 8 Transportation Uses ................................................................................................................... 133
A. Transportation Use Matrix ...................................................................................................................... 133
B. General Transportation Standards for Aviation-Related Uses ........................................................... 135
1. Setbacks ............................................................................................................................................ 135
2. Structure Height ................................................................................................................................ 135
3. Hangars .............................................................................................................................................. 135
4. FAA and FDOT Requirements ......................................................................................................... 135
C. Definitions and Supplementary Use Standards for Specific Uses ..................................................... 135
1. Airport ................................................................................................................................................ 135
2. Heliport or Vertiport .......................................................................................................................... 135
3. Landing Strip ..................................................................................................................................... 136
4. Seaplane Facility ............................................................................................................................... 136
5. Transportation Facility ..................................................................................................................... 137
Section 9 Commercial Communication Towers ....................................................................................... 139
A. Commercial Communication Towers Matrix ........................................................................................ 139
B. General Standards ................................................................................................................................... 141
1. Collocated Tower and Accessory Structures ................................................................................ 141
2. Separation and Setbacks ................................................................................................................. 142
3. Measurement of Separation and Setback from Residential Uses ............................................... 146
4. Distance between Towers ................................................................................................................ 147
5. Tower Height ..................................................................................................................................... 148
6. Parking ............................................................................................................................................... 148
7. Perimeter Buffering ........................................................................................................................... 148
8. Signage .............................................................................................................................................. 149
9. Lighting .............................................................................................................................................. 149
10. Interference ........................................................................................................................................ 149
11. Building Permits ................................................................................................................................ 149
12. Providers ............................................................................................................................................ 150
13. Antenna .............................................................................................................................................. 150
14. Inspections ........................................................................................................................................ 150
15. Violation of Standards ...................................................................................................................... 150
C. Definitions and Supplementary Tower Standards ............................................................................... 150
1. Stealth Tower ..................................................................................................................................... 150
2. Camouflage Tower ............................................................................................................................ 151
3. Monopole Tower ................................................................................................................................ 152
4. Self-Support/Lattice Tower .............................................................................................................. 152
5. Guyed Tower ..................................................................................................................................... 152
D. Collocation in Streets .............................................................................................................................. 152
1. Electrical Transmission Lines and Substations ............................................................................ 152
2. Florida Department of Transportation (FDOT) Streets .................................................................. 155
E. Eligible Facilities Request for Modification .......................................................................................... 156
1. Definitions .......................................................................................................................................... 156
2. Application Procedures .................................................................................................................... 157
F. Collocation Procedures for New Towers Prior to Submitting a Tower Application ......................... 158
1. Notification ........................................................................................................................................ 158
2. Applicant’s Collocation Application ............................................................................................... 158
3. Feasibility ........................................................................................................................................... 158
4. Rejection or Dispute ......................................................................................................................... 159
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5. Acceptance with No Dispute ............................................................................................................ 159
G. Tower Removal, Replacement, and Height Increases ......................................................................... 159
1. Tower Removal .................................................................................................................................. 159
2. Replacement ...................................................................................................................................... 160
3. Tower Height Increases .................................................................................................................... 160
4. Accessory Structures ....................................................................................................................... 161
H. Exemptions and Waivers ........................................................................................................................ 161
1. States of Emergency ......................................................................................................................... 161
2. Government Towers ......................................................................................................................... 161
3. School Sites ....................................................................................................................................... 161
4. Exemptions for Existing Television Broadcast Towers ................................................................ 161
5. Type 2 Waiver from Required Dimensional Criteria ...................................................................... 162
6. Non-Conforming Lots of Record ..................................................................................................... 163
I. Application Requirements for Towers .................................................................................................. 164
1. Propagation Study ............................................................................................................................ 164
2. Location of Existing Towers ............................................................................................................ 164
3. Compatibility ..................................................................................................................................... 164
4. Visual Impact Analysis Standards .................................................................................................. 164
J. Prior Approvals ........................................................................................................................................ 166
K. Consultant Services ................................................................................................................................ 166
L. List of Tower Users ................................................................................................................................. 166
M. Intergovernmental Activities .................................................................................................................. 166
1. Mapping ............................................................................................................................................. 166
2. Notification ........................................................................................................................................ 166
Section 10 Excavation Uses ......................................................................................................................... 167
A. Excavation Use Matrix ............................................................................................................................ 167
B. Common Provisions and General Standards ....................................................................................... 169
1. Purpose and Intent ............................................................................................................................ 169
2. Applicability ....................................................................................................................................... 169
3. Excavation Types .............................................................................................................................. 170
4. Prohibitions and Exemptions .......................................................................................................... 170
5. Supplemental Application Requirements ....................................................................................... 172
6. Notice of Intent to Construct ........................................................................................................... 173
7. Technical Standards ......................................................................................................................... 174
8. Administration and Enforcement .................................................................................................... 183
9. Appeals .............................................................................................................................................. 184
C. Definitions and Supplementary Use Standards for Excavation Uses ................................................ 185
1. Agricultural Excavation .................................................................................................................... 185
2. Type 1A Excavation .......................................................................................................................... 186
3. Type 1B Excavation .......................................................................................................................... 187
4. Type 2 Excavation ............................................................................................................................. 188
5. Type 3 Excavation ............................................................................................................................. 189
Section 11 Temporary Uses ......................................................................................................................... 197
A. Temporary Use Matrix ............................................................................................................................. 197
B. General Standards and Application Requirements ............................................................................. 199
1. Design Standards .............................................................................................................................. 199
2. Signage .............................................................................................................................................. 199
3. Electric Service ................................................................................................................................. 199
4. Palm Beach County Parks ............................................................................................................... 199
5. Submittal Requirements ................................................................................................................... 199
C. Definitions and Supplementary Use Standards for Specific Uses ..................................................... 199
1. Communication Cell Sites on Wheels (COWs) .............................................................................. 199
2. Day Camp ........................................................................................................................................... 200
3. Mobile Retail Sales ............................................................................................................................ 201
4. Real Estate Sales Model and Management Office, Non-PDD ....................................................... 201
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5. Real Estate Sales and Management Office, PDD or TDD .............................................................. 202
6. Real Estate Sales Model, PDD or TDD ............................................................................................ 203
7. Recycling Drop-Off Bin..................................................................................................................... 204
8. Special Event ..................................................................................................................................... 204
9. Temporary Green Market ................................................................................................................. 205
10. Temporary Retail Sales .................................................................................................................... 205
11. Temporary Vehicle Sales ................................................................................................................. 206
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ARTICLE 4
USE REGULATIONS
CHAPTER A USER GUIDE AND GENERAL PROVISIONS
Section 1 Overview
In order to ensure that all development in unincorporated PBC is consistent with the Comprehensive Plan, it is
necessary to define uses and identify where such uses are allowed. This Chapter establishes the general provisions
that address regrouping of uses by classification, approval process, and any requirements specific to a use. It also
serves as a guide to assist users in determining the uses that are allowed in the various zoning districts. The Zoning
Director shall maintain and publish a User Guide to assist the public with applicability of this Article.
Section 2 Variance Relief Prohibited
Variance relief from any of the requirements of this Article shall be prohibited unless expressly stated otherwise
herein.
Section 3 Zoning and Future Land Use Consistency
Before utilizing this Article to confirm if a use is allowed, it must be determined that the zoning district designation
of the subject site is consistent with its future land use (FLU) designation. This can be accomplished by referencing
the site’s FLU designation from the PBC Future Land Use Atlas (FLUA), and checking Art. 3.A.3, Zoning District
Consistency with the Future Land Use Atlas (FLUA). If the zoning district is inconsistent with the FLU designation,
a rezoning may be required to allow for a proposed use subject to the requirements specific to the use and other
applicable project development regulations. Depending on the size and location of the site, there may be multiple
options for rezoning, which may include Standard Zoning Districts, PDDs, or TDDs. Once consistency has been
confirmed or if it’s determined that rezoning may be required, the appropriate zoning district or zoning districts can
then be referenced to determine potential uses and applicable approval process.
A. If the zoning district is consistent with the FLU designation, then a rezoning is not required. The Applicant
shall reference Use Matrices to see whether the proposed use is allowed in that zoning district and subject
to what type of approval process.
B. If the zoning district is not consistent with FLU, then a rezoning is required. The Applicant shall select the
most appropriate zoning district, and reference Use Matrices to identify whether the proposed use is allowed
in the proposed zoning district and subject to what type of approval process.
Section 4 Overlays
The Applicant shall confirm whether the site is located in an Overlay Zone pursuant to Art. 3.B, Overlays, or as
shown on the Official Zoning Map. If a site is located within an Overlay, then additional requirements and limitations
may apply to those uses additional to the regulations under the Supplementary Use Standards.
Section 5 Airport Zones
Uses in Airport Zones may be further restricted or subject to special regulations as specified in Art. 16, Airport
Regulations.
Section 6 Specific Regulations for Standard Zoning Districts
Special regulations apply within certain zoning districts as specified under Art. 3.D.3, District Specific Regulations.
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Section 7 Determining Approval Process
Uses not specifically listed in the Use Matrices of this Chapter, but consistent with the definition of a listed use, may
be considered by the Executive Director of PZB pursuant to Art. 1.B, Interpretation of the Code. All uses shall
comply with all requirements of the ULDC unless expressly exempted otherwise.
A. Organization
Uses are arranged within this Chapter by Use Classification, each of which includes: a Use Matrix, General
Standards, and Definitions and Supplementary Use Standards for Specific Uses. Uses listed under each
Use Classification are organized alphabetically, with a corresponding number that allows for easy reference
between the Use Matrix, and Definitions and Supplementary Use Standards.
B. Use Classification
Uses are grouped into 11 classifications generally based on common functional characteristics or land use
compatibility, as follows:
1. Residential;
2. Commercial;
3. Recreation;
4. Institutional, Public, and Civic;
5. Industrial;
6. Agricultural;
7. Utility;
8. Transportation;
9. Commercial Communication Towers;
10. Excavation; and,
11. Temporary.
C. Use Matrix
Each Use Matrix identifies all zoning districts, uses, and approval process, except as indicated otherwise.
The Use Matrix indicates the approval process for each Use Type in Standard Zoning Districts, PDDs,
TDDs, URAO, and IRO. A number in the column under the “Supplementary Use Standard” of the Use Matrix
refers to the Definition and Supplementary Use Standards applicable to each use. [Ord. 2018-002] [Ord.
2019-005]
1. Permitted by Right
Uses identified with a “P” are allowed in the zoning district, subject to the Supplementary Use Standards
and the other applicable requirements of this Code. Uses in this category that do not require a Building
Permit or Zoning Division Site Plan approval are still required to comply with all applicable requirements
of the ULDC.
2. Development Review Officer (DRO)
Uses identified with a “D” or exceeding the thresholds of Table 4.A.9.A, Thresholds for Projects
Requiring DRO Approval, are allowed subject to approval by the DRO in accordance with Art. 2.C,
Administrative Processes. [Ord. 2019-005]
3. Class B Conditional Use
Uses identified with a “B” are allowed in the zoning districts only if approved by the ZC in accordance
with Art. 2.B, Public Hearing Processes. [Ord. 2019-005]
4. Class A Conditional Use
Uses identified with an “A” are allowed in the zoning districts with a recommendation by the Zoning
Commission, and approved by the BCC in accordance with Art. 2.B, Public Hearing Processes. [Ord.
2019-005]
5. Temporary Use
Uses identified in Table 4.B.11.A, Temporary Use Matrix with a “D” are allowed in the zoning districts
with an approval by the Development Review Officer subject to the Zoning Agency Review process.
Temporary Uses are not permanent in nature; not intended to be permanently fixed at a location; and,
are typically approved for a defined period of time. [Ord. 2017-007] [Ord. 2019-005]
6. Prohibited Use
Uses identified with a dash “-,” in a zoning districts column of the Use Matrices, are prohibited in that
zoning district, unless otherwise expressly stated under the Supplementary Use Standards for the use,
or within any applicable Zoning Overlays. [Ord. 2019-005]
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D. General Standards
Where applicable, each Use Classification may have a listing of General Standards that apply to all uses
in that Use Classification.
E. Definitions and Supplementary Use Standards for Specific Uses
The definition for each use permitted is listed. Where applicable, additional Supplementary Use Standards
may apply. In the case of a conflict with other regulations in this Code, the more restrictive requirement
shall apply, unless otherwise stated.
Section 8 Use Functions
Uses may be identified as principal or accessory. A site may be developed with a single use or collocated with
multiple principal uses. Functionality of uses are as follows:
A. Principal
As defined in Art. 1, General Provisions, a principal use is “the primary and major purpose for which land
or building is used as allowed by the applicable zoning district.” Only those uses listed in this Chapter within
the Use Matrices may be considered a principal use. A site may have more than one principal use.
B. Collocated
Certain principal uses that are not normally permitted within a zoning district by the Use Matrices may be
allowed as a collocated use if expressly stated under the Supplementary Use Standards and compliance
with all of the Supplementary Use Standards applicable to the use.
C. Accessory
As defined by Art. 1, General Provisions, “a permitted use that is customarily associated with the principal
use and clearly incidental to the principal use, and is subordinate in area, extent, or purpose to and serves
only the principal use.” Uses not allowed in a zoning district shall not be accessory to a principal use unless
stated otherwise in the Supplementary Use Standards of the use intended to be accessory. Additional
accessory use limitations and requirements are contained in Art. 5.B, Accessory Uses and Structures.
D. Flex Space
This option allows for limited office or retail opportunities where otherwise prohibited in industrial zoning
districts, or inversely allows for a limited type of industrial uses in the commercial zoning districts that are
consistent with the CH FLU designation. Flex space is only permitted when approved in accordance with
Art. 5.B.1.D, Flex Space. [Ord. 2019-005]
Section 9 Development Thresholds
A. Development Review Officer
Any amendment to an existing development, or new construction of projects that meets or exceeds either
the maximum square footage or number of units, shall require DRO Site Plan approval.
Table 4.A.9.A – Thresholds for Projects Requiring DRO Approval
Zoning District
Number of Units or Square Feet
RM
16 du
CN
3,000 sq. ft.
CLO
3,000 sq. ft.
CC
8,000 sq. ft.
CHO
8,000 sq. ft.
CG
10,000 sq. ft.
CRE
15,000 sq. ft.
IL
20,000 sq. ft.
IG
20,000 sq. ft.
IPF
20,000 sq. ft. or 16 du
IR
Any project utilizing the Infill Redevelopment Overlay
Notes:
1.
Approval of a Subdivision Plan is required for all subdivision of land for which a plat or
plat waiver has not been granted pursuant to Art. 11, Subdivision, Platting,
and
Required Improvements or which exceeds the threshold above.
2.
Projects exceeding the thresholds above shall comply with Art. 5.C, Design Standards.
3.
DOs with a Final Master Plan shall receive approval of a Final Site Plan or Subdivision
Plan by the DRO pursuant to Art. 2.C, Administrative Processes. [Ord. 2020-020]
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B. Public Hearing Approval
Any amendment to an existing development, or new construction of residential, commercial, or industrial
projects that meets or exceeds either the maximum square footage or units, or maximum acreage of Table
4.A.9.B, Thresholds for Projects Requiring Board of County Commissioners Approval, shall be reviewed
and approved as a PDD or TDD in accordance with Art. 2.B.7.B, Conditional Uses and Official Zoning Map
Amendment (Rezoning) to a PDD or TDD. Projects that meet or exceed the thresholds of this Table that
do not meet the access and dimension requirements of a PDD or TDD; are not allowed to be a PDD or
TDD by the Plan; or for non-residential projects, consist of only one use, shall be approved as a Class A
Conditional Use.
1. Exemptions
The following projects shall be exempt from this requirement:
a. Projects located in the PO Zoning District or that propose to rezone to the PO Zoning District, that
support existing or proposed Government Facilities; and
b. Infill Redevelopment Overlay projects approved by the DRO.
Table 4.A.9.B – Thresholds for Projects Requiring Board of County Commissioners Approval (1)
[Ord. 2023-011]
Notes:
1.
Land area devoted to retention pursuant to the requirements of the C-51 drainage basin, or land area devoted to vegetation preservation
pursuant to Art. 14.C, Vegetation Preservation and Protection
, excluding AGR or Sector Plan Preserve Areas, shall not be counted toward
the maximum acreage threshold.
C. Density Bonus
Any amendment to an existing development, or new construction of projects, which includes an existing or
proposed WHP, AHP, TDR, or WCRAO Density Bonus Program residential density bonus, shall require
confirmation of any applicable thresholds for approval process in accordance with Art. 5.G, Density Bonus
Programs, or Art. 3.B.14.H, WCRAO Density Bonus Program. [Ord. 2017-025] [Ord. 2021-006]
D. Agricultural Reserve Design Elements
The Development Area shall comply with FLUE Policy 1.5.1-r, Ag Reserve Design Elements.
In the case of a conflict with other regulations in this Code, the more restrictive requirement shall apply, unless
otherwise stated.
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Article 4 – Use Regulations
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CHAPTER B USE CLASSIFICATION
Section 1 Residential Uses
A. Residential Use Matrix
1. Residential-related accessory uses are identified in Table 4.B.1.D, Corresponding Accessory Use to a Principal Use.
Table 4.B.1.A – Residential Use Matrix
Standard Zoning Districts
Use Type
Planned Development Districts (PDDs) Traditional Development Districts (TDDs)
AG/CON Residential Commercial
C
M
R
IND INST
PUD (2) MUPD (3) PIPD M R TND TMD
Pods FLU Pods H V Tier
P A A AR R R R R C C C C C C URAO IRO I I I P I R C R C A C C C C C I E C I I C I P P
U/S
Exurban/
Rural
U E
AGR
C G P R U E T S M N L C H G R U U U U U FLU L L G O P E O E I G L H L H R N D M N N O N D D S X
R S S (2)
O O E C C C I I C C C C F S M C V R O O D C R S D M D R N O R N O R D P
A A 1 2 3 1 2 L L H H / T / / E C S E C S U E R
O O P L G S R S R R V E
E E A S
Supplementary Use
Standards #
C C L
Residential Uses (2)(4)
- - - - - - - - A A - A - A - D D D D D A A D D - - - - A Congregate Living Facility 1 A A - A - A A A A - - - - A - - - - - A A - A A - A - - -
- - - - - - - A P - - - - - - P P P P P - - - - - - - - - Cottage Home 2 P - - - - P P - - - - - - - P - - - - P - - P - - - - - -
- P - P P P P P P - - - - - - P P P P P - - - - - - - - - Family Community Residence 3 P - - - - - - - - - - - - - - - - - - P - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mobile Home Dwelling 4 - - - - - - - - - - - - - - - - - P - - - - - - - - - - -
- - - - - - - - A - - - - - - D D D D D D D D D - - - - - Multifamily 5 P - - - - D D - D - - - - - - - - - - P P - P P - P P P -
- - - - - - - - P - - - - - - D D D D D D D D D - - - - - Recovery Community 6 - - - - - - - - - - - - - - - - - - - P P - P P - P P P -
- P - P P P P P P - - - - - - P P P P P - - - - - - - - - Single Family 7 P - - - - - - - - - - - - - - - - - - P - - P - - - - - -
- - - - - - - A D - - - - - - D D D D D D D D D - - - - - Townhouse 8 P - - - - D D - D - - - - - - - - - - P - - A - - P P P -
- - - - - - - - P - - - - - - D D D D D - - - - - - - - - Transitional Community Residence 9 - - - - - D D - D - - - - - - - - - - P P - P P - P P P -
- - - - - - - A D - - - - - - D D D D D - - - - - - - - - Zero Lot Line Home (ZLL) 10 P - - - - D D - D - - - - - - - - - - P - - A - - - - - -
[Ord. 2017
-007] [Ord. 2017-025] [Ord. 2018-002] [Ord. 2019-005] [Ord. 2019-034] [Ord. 2021-022] [Ord. 2021-023] [Ord. 2023-011]
Use Approval
Process Key:
P Permitted by Right
D Subject to DRO approval A Subject to BCC approval (Class A Conditional Use)
B Subject to Zoning Commission approval (Class B Conditional Use) - Prohibited use, unless stated otherwise within Supplementary Use Standards
(1) Supplementary Use Standards for each use must be reviewed regardless of the approval process set forth in the Use Matrix. Refer to the numbers in the Supplementary Use Standards column.
(2) The only residential use allowed in the RM or the PUD Zoning Districts, that has a CLR FLU designation, is a Congregate Living Facility (CLF). [Ord. 2019-005] [Ord. 2021-022]
(3) CLF, Multifamily, Townhouse, and Cottage Home residential uses are permitted within an MUPD that has an underlying or split Residential or Agricultural Reserve Future Land Use designation. [Ord. 2019-005] [Ord. 2021-023]
(4) Uses may require a higher level of approval pursuant to Table 4.A.9.A, Thresholds for Projects Requiring DRO Approval, and Table 4.A.9.B, Thresholds for Projects Requiring Board of County Commissioners Approval, unless otherwise specified within the Supplementary Use Standards of the specific use. [Ord. 2021-023]
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B. General Residential Standards
1. Accessory Affordable Housing
Multifamily, Single Family, Townhouse, or Zero Lot Line Homes may be allowed in the IPF Zoning
District as affordable housing in the same development of institutional, public, and civic uses such as
Place of Worship. The dwelling units shall not be for sale and shall be subject to DRO approval. As part
of the submittal requirement, the Applicant shall demonstrate that residential development will be under
the direct supervision of a sponsoring non-profit organization or community-based group.
C. Definitions and Supplementary Use Standards for Specific Uses
1. Congregate Living Facility (CLF)
a. Definition
A facility which provides long-term care, housing, food service, and one or more assistive care
services for persons not related to the owner or administrator by blood or marriage. A permanent
or temporary group living arrangement for people without disabilities, or a group living arrangement
in which normalization and/or community integration are not integral elements, or a group living
arrangement for people undergoing treatment in a program under the same or affiliated ownership,
or congregate housing for people with disabilities who pose a direct threat to the health or safety of
others including as an alternative to incarceration, or intermediate care or assisted living facilities
that do not emulate a family. [Ord. 2021-022]
b. Typical Uses
Typical uses may include, but are not limited to: [Ord. 2021-022]
1) Group home or other CLF for housing for people without disabilities that does not emulate a
family; [Ord. 2021-022]
2) Group home or other CLF arrangement for people who may be considered a direct threat to
the health or safety of others, that requires monitoring; [Ord. 2021-022]
3) Intermediate care facility for people with developmental disabilities that does not emulate a
family; [Ord. 2021-022]
4) Assisted Living Facilities for adults with disabilities or elderly for the number of people that
exceed the thresholds to be considered a Community Residence and do not emulate a family;
[Ord. 2021-022]
5) Shelters for victims of domestic abuse; [Ord. 2021-022]
6) Previously approved Type 3 CLF, for people with disabilities that do not meet the requirements
of a Community Residential Home pursuant to F.S. § 419.001, and the residents are: [Ord.
2021-022]
a) Frail elders or disabled adults (F.S. § 429.65); [Ord. 2021-022]
b) Persons with disabilities (F.S. § 760.22(3)(a)); [Ord. 2021-022]
c) Persons who have a developmental disability (F.S. § 393.063); [Ord. 2021-022]
d) Non-dangerous person who has a mental illness (F.S. § 394.455); [Ord. 2021-022]
e) A child who is found to be dependent (F.S. § 39.01 or § 984.03); [Ord. 2021-022]
f) A child in need of services (F.S. § 984.03 or § 985.03); or, [Ord. 2021-022]
7) Previously approved Type 1 CLF or Type 2 CLF for people without disabilities that do not meet
the definition and requirements for Family Community Residence or Transitional Community
Residence. [Ord. 2021-022]
c. Approval Process
1) RS Zoning District
A CLF may be allowed in the RS Zoning District with an MR-5, HR-8, HR-12, or HR-18 FLU
designation subject to a Class A Conditional Use approval. A CLF in the RS Zoning District
with an LR-1, LR-2, and LR-3 FLU designation shall be prohibited. [Ord. 2019-005] [Ord. 2021-
022]
d. Maximum Occupancy
A CLF may include multiple dwelling units on a single lot. The maximum occupancy shall be
determined by FLUE Table 2.2.1-g.1 of the Plan and multiplying the maximum allowable density
by 2.39. A dwelling unit is equivalent to 2.39 residents/beds. [Ord. 2019-005] [Ord. 2021-022]
e. Location
1) A CLF shall have a front or side street property line abutting a Local Commercial, Collector, or
an Arterial Street, except for the following: [Ord. 2021-022]
a) A CLF having 25 residents or less may have frontage and access from a Local Street. [Ord.
2021-022]
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Page 16
b) A CLF having 250 or fewer residents may be located in a Residential Pod with attached
housing, and may have access to a Local Residential Street or a Residential Access Street.
[Ord. 2021-022]
2) A proposed CLF with 14 or fewer residents shall be located a minimum of 660 feet or seven
lots whichever is greater, from an existing Community Residence, Recovery Community, or
other CLF. A proposed CLF with more than 14 residents shall be located a minimum of 1,200
feet from an existing Community Residence, Recovery Community, or other CLF with more
than 14 residents. The separation requirement in this Section shall be measured in linear feet
from the closest points between the property lines. [Ord. 2021-022]
a) Exception
A CLF approved as a Type 3 CLF prior to the effective date of Ordinance No. 2021-022,
shall be considered a legal conforming use and not subject to these separation
requirements, unless the proposed request is to add land area and will decrease the
existing separation from the closest Community Residence, Recover Community, or other
CLF. [Ord. 2021-022]
f. Drop-Off Area
A drop-off area shall be provided for group transportation, such as vans or similar vehicles, when
more than 14 residents. [Ord. 2021-022]
g. Accessory Commercial Uses
A limited amount of commercial uses may be Permitted by Right as accessory uses in a CLF. Such
uses shall be limited to Medical or Dental Office, Personal Services, and Retail Sales uses
designed exclusively to serve the residents of the facility, such as a barber or beauty shop, banking
services, and convenience retail sales. No more than ten percent of the GFA of the facility shall be
used for accessory commercial uses. There shall be no exterior signage or other indication of the
existence of these uses in the facility that may attract non-residents. [Ord. 2021-022]
h. Congregate Living, Assistive Care Services
Assistance with activities of daily living and limited nursing services. [Ord. 2021-022]
i. Cooking Facilities
A CLF shall provide and continuously maintain a central dining facility. Individual kitchen facilities
may be provided in the living quarters of a CLF. [Ord. 2021-022]
2. Cottage Home
a. Definition for Cottage Homes
The use of a lot or a structure for one detached dwelling unit with reduced property development
regulations. [Ord. 2018-018] [Ord. 2019-034]
b. Cottage Home Size
A maximum of 1,000 square feet per unit.
c. Cottage Homes in RS Zoning District
May be allowed in the RS Zoning District with an MR-5 or higher FLU designation, subject to Full
DRO approval. [Ord. 2019-034]
d. Cottage Homes in MF Pod or Lot
If Cottage Homes are developed in an MF Pod or lot, they shall be developed in a cluster with open
space that is commonly shared by the individual tenants or owners, subject to the following: [Ord.
2019-034]
1) Rear Garage
May have garage and driveways located in the rear of each unit. [Ord. 2019-034]
2) Open Space
The units shall front on a commonly owned open space with a minimum width of 75 feet,
measuring from the front façade of each unit or front porch, whichever is applicable. [Ord. 2019-
034]
3. Family Community Residence
a. Definition
A Community Residence that provides a relatively permanent living arrangement for five to ten
people with disabilities which, in practice and/or under its rules, charter, or other governing
document, does not limit how long a resident may live there. The intent is for residents to live in the
dwelling unit on a long-term basis, of at least a year. A Family Community Residence emulates a
biological family to foster normalization of its residents and integrate them into the surrounding
community. Its primary purpose is to provide shelter; foster and facilitate life skills; and, meet the
physical, emotional, and social needs of the residents in a mutually supportive family-like
environment. Medical treatment is incidental, as in any home. [Ord. 2021-022]
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Page 17
b. Typical Uses
Typical uses shall conform to the definition and include, but not are limited to the following: [Ord.
2021-022]
1) Oxford House or other long-term housing for people in recovery from substance use disorder,
and with no limit on tenancy in practice or in rules; [Ord. 2021-022]
2) Community Residential Home (F.S. ch. 419); [Ord. 2021-022]
3) Assisted Living Facility for the elderly or other people with disabilities (F.S. § 429.02(5)); [Ord.
2021-022]
4) Adult Family-Care Home (F.S. § 429.60); [Ord. 2021-022]
5) Intermediate Care Facility for people with developmental disabilities (F.S. § 400.960); [Ord.
2021-022]
6) Housing licensed by F.S. ch. 394; [Ord. 2021-022]
7) Recovery Residences certified pursuant to F.S. ch. 397 currently the Florida Association of
Recovery Residences, typically Levels 1-2 certified homes, when residency is one year or
longer; or, [Ord. 2021-022]
8) Previously approved Type 1 CLF or Type 2 CLF for people with disabilities that meets the
definition and requirements for a Family Community Residence. [Ord. 2021-022]
c. Approval Process
1) Permitted by Right
a) CL/CH/CHO-MUPD, IND/L-PIPD, TND Residential Use Zone Exurban/Rural Tier, TMD
U/S, Exurban/Rural Tiers, or AGR Development Area Zoning Districts
A Family Community Residence may be Permitted by Right within previously approved
Single Family, Zero Lot Line, Cottage Home, Townhouse, or Multifamily dwelling units,
subject to compliance with Licensing, Certification, or Charter, Occupancy, and Location.
[Ord. 2021-022]
2) DRO Approval
a) CL/CH/CHO-MUPD Zoning Districts
A Family Community Residence may be allowed in a proposed Zero Lot Line, Townhouse,
or Multifamily dwelling units, subject to the approval procedures for those housing types.
[Ord. 2021-022]
3) Type 2 Waiver
A Family Community Residence may request a Type 2 Waiver pursuant to Art. 2.B.7.D, Type
2 Waiver, when the proposed use does not meet the requirements of one or more of the
following: [Ord. 2021-022]
a) Art. 4.B.1.C.3.d.1), Licensing or Certification, when licensing or certification is not required
or available from the State of Florida or Florida Association of Recovery Residences or the
Family Community Residence is not eligible for an Oxford House Charter. This does not
apply when the Family Community Residence has been denied a license, certification, or
Oxford House Charter, or it has been revoked; [Ord. 2021-022]
b) Art. 4.B.1.C.3.e.2)a), Number of Residents, Including Staff That Reside in the Dwelling
Unit, are more than ten, but still meets the definition of Family Community Residence; or,
[Ord. 2021-022]
c) Art. 4.B.1.C.3.f, Location, when the proposed Family Community Residence does not meet
the minimum distance between other Community Residences, Recovery Communities, or
Congregate Living Facilities. [Ord. 2021-022]
4) Zoning Confirmation Letter
An Applicant proposing to have a Family Community Residence shall apply for a Zoning
Confirmation Letter pursuant to Art. 2.C.8.A.2.d, Confirmation for a Community Residence,
Recovery Community, or Congregate Living Facility, in order to confirm compliance with
Licensing or Certification, Occupancy, and Location requirements. [Ord. 2021-022]
d. Licensing, Certification, or Charter
1) A Family Community Residence shall be licensed or certified by one of the licensing entities
referenced in F.S. § 419.001, § 397.311, or § 397.487; or obtain an Oxford House Charter, as
follows: [Ord. 2021-022]
a) The appropriate available license, or certification that the State of Florida, or Florida
Association of Recovery Residences, offers or requires to operate the proposed Family
Community Residence, including any provisional license or certification issued prior to
granting a full license or certification; pursuant to F.S. § 419.001, ch. 394, or § 397.487.
[Ord. 2021-022]
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b) A “conditional” Oxford House Charter within 30-calendar days of the date on which the first
individual occupies the Oxford House and a “permanent” Oxford House Charter within 180-
calendar days after the “conditional” charter was issued. [Ord. 2021-022]
2) An existing Type 1 or Type 2 CLF, or other facility or use that conforms to the definition of
Family Community Residence, located in the unincorporated area of Palm Beach County as of
the effective date of Ordinance No. 2021-022, that is not currently licensed or certified by the
State of Florida, and that does not receive licensure, certification, or recertification from the
designated state entity within one calendar year from the effective date of Ordinance No. 2021-
022, shall not be considered a conforming use and shall cease operation one calendar year
from the effective date of Ordinance No. 2021-022 or within 60-calendar days of the date on
which certification, recertification, or the required license is denied, whichever date comes first.
The operator of the unlicensed or uncertified Family Community Residence must return
residents to their families or relocate them to a safe and secure living environment. [Ord. 2021-
022]
3) An existing use that conforms to the definition of Family Community Residence, and located in
the unincorporated area of Palm Beach County that was previously licensed or certified by the
State of Florida, or has an Oxford House Charter as of the effective date of Ordinance No.
2021-022, shall provide proof of license, certificate, or charter to the Zoning Division, within one
calendar year from the effective date of Ordinance No. 2021-022. Should the operator fail to
provide proof of license, certificate, or charter, they shall: [Ord. 2021-022]
a) Cease operation and vacate the premises within 60-calendar days and the operator shall
return residents to their families or relocate them to a safe and secure living environment;
or [Ord. 2021-022]
b) Request approval for the applicable use pursuant to adopted Ordinance. [Ord. 2021-022]
4) Annual Notification of License, Certificate, or Charter
The Applicant shall annually provide proof of the valid license, certification, or charter pursuant
to Art. 2.C.8.A.2.d, Confirmation for a Community Residence, Recovery Community, or
Congregate Living Facility. Failure to provide proof of final licensure or certification from the
State of Florida, or an Oxford House Charter will result in revocation of the approval for the
use. [Ord. 2021-022]
e. Occupancy
1) Residents of a Family Community Residence may include, but are not limited to non-dangerous
persons who are: [Ord. 2021-022]
a) Frail elders or other adults with disabilities (F.S. § 429.65); [Ord. 2021-022]
b) Persons with disabilities (F.S. § 760.22(3)(a)); [Ord. 2021-022]
c) Persons with developmental disabilities (F.S. § 393.063); [Ord. 2021-022]
d) Persons who have a mental illness (F.S. § 394.455); [Ord. 2021-022]
e) A child who is found to be dependent (F.S. § 39.01 or § 984.03); [Ord. 2021-022]
f) A child in need of services (F.S. § 984.03 or § 985.03); [Ord. 2021-022]
g) Residents of an Oxford House or persons recovering from a substance use disorder; or,
[Ord. 2021-022]
h) Staff who reside in the home as part of the Family Community Residence and play an
integral part of emulating a family. [Ord. 2021-022]
2) Number of Residents, Including Staff That Reside in the Dwelling Unit
a) Minimum five and no more than ten residents; or [Ord. 2021-022]
b) Minimum five and no more than 14 residents defined pursuant to F.S. § 419.001. [Ord.
2021-022]
f. Location
A Family Community Residence shall be located at least 660 feet or seven lots whichever is greater,
from another Community Residence, Recovery Community, or Congregate Living Facility. The
separation requirement in this Section shall be measured in linear feet from the closest points
between the property lines. [Ord. 2021-022]
1) Exemption
Per State law, Family Community Residences for people with developmental disabilities
located in a “planned residential community” as defined by F.S. § 419.001(1)(d), are exempt
from the spacing requirements between Community Residences, Recovery Communities, and
Congregate Living Facilities established in this Code. [Ord. 2021-022]
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g. Revocation
An operator must provide evidence of license, certificate, or charter prior to the expiration of the
12-month Zoning Confirmation Letter for Family Community Residence, as issued. An operator
who has not received licensure, certification, or charter; or where a license, certification, or charter
was denied, revoked, or suspended, shall not be allowed to operate in PBC and the Zoning
Confirmation Letter for the Family Community Residence shall become null and void. An operator
must notify the Zoning Director, or designee, that its license, certification, or Oxford House Charter
has been suspended or revoked within five-calendar days of the operator being notified of the
suspension or revocation. Such an operator shall cease operation and vacate the premises within
60-calendar days and the operator of the Family Community Residence shall return residents to
their families or relocate them to a safe and secure living environment. [Ord. 2021-022]
4. Mobile Home Dwelling
a. Definition
The use of a residential lot or unit for one Mobile Home.
b. Principal Use
Only Mobile Home Dwellings located within the MHPD Zoning District, or within an existing
approved Mobile Home Park, shall be treated as a principal use.
c. Accessory Use – Bona Fide Agriculture
One Mobile Home structure may be allowed accessory to a principal Bona Fide Agriculture use.
1) Lot Size
a) AR (USA) and AGR Districts
A minimum of five acres.
b) RR-2.5, RR-5, RR-10, and AP FLU Designation
A minimum of ten acres.
c) RR-20 FLU Designation
A minimum of 20 acres.
2) Setbacks
A minimum of 200 feet from a public street; 100 feet from all other property lines.
3) Mobile Home Removal Agreement
A removal agreement shall be executed and notarized between the Building Division and
Property Owner and recorded on the property in the Official Records of the PBC Clerk prior to
issuance of any Building Permit. The agreement shall be recorded against the property stating
that the Mobile Home shall be removed within 30 days in the event the property is sold or the
Bona Fide Agriculture operation ceases to exist.
5. Multifamily
a. Definition
The use of a structure designed for two or more dwelling units which are attached or the use of a
lot for two or more dwelling units.
b. Typical Uses
Typical uses include apartments and residential condominiums.
c. Overlay – WCRAO
Multifamily is prohibited in the NR Sub-area per Table 3.B.14.E, WCRAO Sub-area Use
Regulations.
d. Zoning District
1) TMD District
AGR-TMDs shall be exempt from the integration requirement and shall comply with the
Development Order approved by the BCC.
2) RM District
Multifamily units may be allowed in the RM Zoning District as follows: [Ord. 2017-025]
a) MR-5 FLU Designation
(1) Existing RM Zoning
The property was zoned RM prior to the 1989 adoption of the Plan, and for lots less
than three acres, provided that the proposed Multifamily development does not
introduce Multifamily housing into a subdivision that is exclusively Single Family. [Ord.
2021-006] [Ord. 2023-009]
(2) Density Bonus
The property is three acres or greater, utilizes the Transfer of Development Rights
and/or Workforce Housing Program to increase density, and provided that the
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proposed Multifamily development does not introduce Multifamily housing into a
subdivision that is exclusively Single Family. [Ord. 2023-009]
(3) Approval Process
The approval process shall be as follows:
(a) Permitted by Right for projects with one to four dwelling units; [Ord. 2023-009]
(b) DRO for projects with five to eight dwelling units; [Ord. 2023-009]
(c) Class B Conditional Use for projects with nine to 24 dwelling units; [Ord. 2023-009]
(d) Class A Conditional Use for projects with 25 or greater dwelling units. [Ord. 2023-
009]
(4) Development Order
Prior approvals for Multifamily units in the RM Zoning District with an MR-5 FLU
designation shall be considered legal conforming uses.
b) HR-8, HR-12, or HR-18 FLU Designation
Multifamily units on parcels with an HR-8, HR-12, or HR-18 FLU designation, may be
Permitted by Right unless Development Thresholds in Art. 4.A.9, Development Thresholds
are triggered. [Ord. 2017-025]
c) Limestone Creek
Multifamily units in the RM Zoning District shall be prohibited in the area bounded on the
north by 184th Place North, on the south by the C-18 Canal, on the east by Central
Boulevard and the municipal limits of the Town of Jupiter, and on the west by Narcissus
Avenue (north of Church Street) and Limestone Creek Road (south of Church Street).
d) Multifamily Units in Single Family Subdivisions
Multifamily units in the RM Zoning District shall not be approved on lots less than three
acres within an existing exclusively Single Family subdivision. [Ord. 2023-009]
6. Recovery Community
a. Definition
Multiple dwelling units in Townhouses or Multifamily housing, or a group of Single Family or other
detached dwellings, that are not held out to the general public for rent or occupancy, that provides
a drug-free and alcohol-free mutually supportive living arrangement for people in recovery from
substance use disorder, which, taken together, do not emulate a biological family and are under
the auspices of a single entity or group of related entities. Recovery Communities include land uses
for which the operator is eligible to apply for certification or licensing from the State of Florida. The
term does not include any other group living arrangements for people who are not disabled nor any
Community Residence, Congregate Living Facility, institutional or medical use, shelter, lodging or
boarding house, extended-stay hotel, nursing home, vacation rental, or other use defined in this
this Code. [Ord. 2021-022]
b. Non-Conformities
1) An existing Type 1 or Type 2 CLF, or other facility or use that conforms to the definition of
Recovery Community, located in the unincorporated area of Palm Beach County as of the
effective date of Ordinance No. 2021-022, that is not currently licensed or certified by the State
of Florida, and that does not receive licensure, certification, or recertification from the
designated State entity within one calendar year from the effective date of Ordinance No. 2021-
022, shall not be considered a conforming use and shall cease operation one calendar year
from the effective date of Ordinance No. 2021-022 or within 60-calendar days of the date on
which certification, recertification, or the required license is denied, whichever date comes first.
The operator of the unlicensed or uncertified Recovery Community must return residents to
their families or relocate them to a safe and secure living environment. [Ord. 2021-022]
2) An existing use that conforms to the definition of Recovery Community, and located in the
unincorporated area of Palm Beach County that was previously licensed or certified by the
State of Florida, as of the effective date of Ordinance No. 2021-022, shall provide proof of
license or certificate to the Zoning Division, within one calendar year from the effective date of
Ordinance No. 2021-022. Should the operator fail to provide proof of license, certificate, or
charter, they shall: [Ord. 2021-022]
a) Cease operation and vacate the premises within 60-calendar days and the operator shall
return residents to their families or relocate them to a safe and secure living environment;
or [Ord. 2021-022]
b) Request approval for the applicable use pursuant to adopted Ordinance. [Ord. 2021-022]
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Page 21
c. Approval Process
1) Permitted by Right
a) Residential Pod – PUD within Townhouse or Multifamily Housing
A Recovery Community may be located within an existing or proposed pod for attached
housing subject to the approval process for the specific housing structure, and compliance
with Art. 4.B.1.C.6.d, Licensing or Certification and Art. 4.B.1.C.6.e, Location. [Ord. 2021-
022]
2) RM Zoning District
A Recovery Community may be allowed in the RM Zoning District as follows: [Ord. 2021-022]
a) MR-5 FLU Designation
(1) Existing RM Zoning
The property was zoned RM prior to the 1989 adoption of the Plan. [Ord. 2021-022]
(2) Previous Approval for Multifamily in the RM Zoning District with an MR-5 FLU
Designation
A Recovery Community may be Permitted by Right when located within existing
Multifamily units in the RM Zoning District with an MR-5 FLU designation, subject to
compliance with Art. 4.B.1.C.6.d, Licensing or Certification and Art. 4.B.1.C.6.e,
Location. Where a Multifamily with five or more units does not exist, the Applicant shall
seek approval for a Multifamily use pursuant to Art. 4.B.1.C.5.d.2), RM District. [Ord.
2021-022]
(3) A proposed Recovery Community with a maximum of four units may be Permitted by
Right in the RM Zoning District with an MR-5 FLU designation, subject to compliance
with Art. 4.B.1.C.6.d, Licensing or Certification and Art. 4.B.1.C.6.e, Location. [Ord.
2021-022]
b) HR-8, HR-12, or HR-18 FLU Designation
A Recovery Community located on a parcel(s) with an HR-8, HR-12, or HR-18 FLU
designation, may be Permitted by Right unless Development Thresholds in Art. 4.A.9,
Development Thresholds are triggered, subject to compliance with Art. 4.B.1.C.6.d,
Licensing or Certification and Art. 4.B.1.C.6.e, Location. [Ord. 2021-022]
c) Limestone Creek
A Recovery Community in the RM Zoning District shall be prohibited in the area bounded
on the north by 184th Place North, on the south by the C-18 Canal, on the east by Central
Boulevard and the municipal limits of the Town of Jupiter, and on the west by Narcissus
Avenue (north of Church Street) and Limestone Creek Road (south of Church Street). [Ord.
2021-022]
3) Type 2 Waiver
A Recovery Community may request a Type 2 Waiver pursuant to Art. 2.B.7.D, Type 2 Waiver,
when the proposed use does not meet the minimum distance between other Community
Residences, Recovery Communities, or CLFs pursuant to Art. 4.B.1.C.1.e.2), Location. [Ord.
2021-022]
4) Zoning Confirmation Letter
An Applicant proposing a Recovery Community shall apply for a Zoning Confirmation Letter
pursuant to Art. 2.C.8.A.2.d, Confirmation for a Community Residence, Recovery Community,
or Congregate Living Facility, in order to confirm compliance with Art. 4.B.1.C.6.d, Licensing or
Certification and Art. 4.B.1.C.6.e, Location requirements. [Ord. 2021-022]
d. Licensing or Certification
A Recovery Community shall be licensed or certified by one of the certifying entities referenced in
F.S. § 397.487 and be actively managed by a certified recovery residence administrator. Certificate
of Compliance and/or renewal shall be provided for application review. [Ord. 2021-022]
1) Annual Notification of License, Certificate, or Charter
The Applicant shall annually provide proof of the valid license, certification, or charter pursuant
to Art. 2.C.8.A.2.d, Confirmation for a Community Residence, Recovery Community, or
Congregate Living Facility. Failure to provide proof of final licensure or certification from the
State of Florida, will result in revocation of the approval for the use. [Ord. 2021-022]
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e. Location
A proposed Recovery Community shall be located at least 1,200 feet or ten lots whichever is
greater, from the closest Recovery Community, Community Residence, or Congregate Living
Facility. [Ord. 2021-022]
1) The separation requirement in this Section shall be measured in linear feet from property line
to property line. [Ord. 2021-022]
2) The separation requirement, when developed as a group of Single Family or other detached
dwellings and located on separate adjacent lots, shall be measured in linear feet from the
perimeter property lines of the combined lots to the property line of the closest Recovery
Community, Community Residence, or Congregate Living Facility. [Ord. 2021-022]
f. Revocation
An operator must provide evidence of licensure or certification prior to the expiration of the 12-
month Zoning Confirmation Letter for Recovery Community, as issued. An operator who has not
received licensure or certification; or where a license or certification was denied, revoked, or
suspended, shall not be allowed to operate in PBC and the Zoning Confirmation Letter for the
Recovery Community shall become null and void. An operator must notify the Zoning Director, or
designee, that its license, certification, or Oxford House Charter has been suspended or revoked
within five-calendar days of the operator being notified of the suspension or revocation. Such an
operator shall cease operation and vacate the premises within 60-calendar days and the operator
of the Recovery Community shall return residents to their families or relocate them to a safe and
secure living environment. [Ord. 2021-022]
7. Single Family
a. Definition
The use of a lot or a structure for one detached dwelling unit. [Ord. 2019-034]
8. Townhouse
a. Definition
A dwelling unit located on an individual lot and attached by at least one but no more than two party
wall(s) along 50 percent of the maximum depth of the unit, to one or more dwelling units; has a
continuous foundation; each on its own lot, with said party wall(s) being centered on the common
property line(s) between adjacent lots.
b. Approval Process – RS Zoning District
Townhouses shall only be allowed in the RS Zoning District on parcels with an LR-2 or higher FLU
designation. Townhouses on parcels with an HR-8, HR-12, or HR-18 FLU designation, may be
allowed subject to DRO approval.
9. Transitional Community Residence
a. Definition
A Community Residence that provides a relatively temporary living arrangement for unrelated
people with disabilities with a limit on length of tenancy less than a year which may be measured
in weeks or months as determined either in practice or by the rules, charter, or other governing
document of the Transitional Community Residence. A Transitional Community Residence may
service residents with substance use disorder who may be undergoing detoxification at another
location. A Transitional Community Residence emulates a biological family to foster normalization
of its residents and integrate them into the surrounding community. Its primary purpose is to provide
shelter; foster and facilitate life skills; and, meet the physical, emotional, and social needs of the
residents in a mutually supportive family-like environment. Medical treatment is incidental, as in
any home. Transitional Community Residences include, but are not limited to, those residences
that comport with this definition that are licensed by the Florida Agency for Persons with Disabilities,
the Florida Department of Elder Affairs, the Florida Agency for Health Care Administration, and the
Florida Department of Children and Families, under F.S. ch. 419, and Recovery Residences
certified by the State’s designated credentialing entity established under F.S. § 397.487. [Ord.
2021-022]
b. Typical Uses
Typical uses shall conform to the definition, with less than one year of tenancy, and include but are
not limited to the following: [Ord. 2021-022]
1) Halfway houses for people with disabilities that emulate a family, including people with illness,
substance use disorder, physical disabilities, or mental illness; [Ord. 2021-022]
2) Community Residential Facility licensed under F.S. ch. 419; [Ord. 2021-022]
3) Housing licensed by F.S. ch. 394 with only outpatient treatment; [Ord. 2021-022]
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4) Recovery Residences certified pursuant to F.S. ch. 397 currently the Florida Association of
Recovery Residences, typically Levels 1-4 certified homes, when residency is less than one
year; [Ord. 2021-022]
5) Short-term group home; [Ord. 2021-022]
6) The Community Housing component associated with a day or night residential treatment center
licensed under F.S. § 397.311; or, [Ord. 2021-022]
7) Previously approved Type 1 CLF or Type 2 CLF for people with disabilities with less than one
year of tenancy and meeting the definition of Transitional Community Residence. [Ord. 2021-
022]
c. Approval Process
1) Permitted by Right
a) AGR, AR, RE, RT, or RS Zoning Districts, Detached Units Residential Pod of a PUD, or
Residential Land Use Zone of a TND; or ZLL or Cottage Homes within CL/CH/CHO-MUPD
or IND/L-PIPD Zoning Districts; or the NR Sub-area of the WCRAO shall meet the
following: [Ord. 2021-022]
(1) Art. 4.B.1.C.9.d, Licensing, Certification, or Charter; [Ord. 2021-022]
(2) Art. 4.B.1.C.9.e.2)a)(1), Occupancy, maximum six residents defined pursuant to F.S.
§ 419.001; and, [Ord. 2021-022]
(3) Art. 4.B.1.C.9.f, Location. [Ord. 2021-022]
b) IRO, UC, UI, or RM Zoning Districts; or existing attached housing within a Residential Pod
of a PUD, CL/CH/CHO-MUPD, Residential or Neighborhood Center Land Use Zones of a
TND, or TMD Zoning Districts shall meet the following: [Ord. 2021-022]
(1) Art. 4.B.1.C.9.d, Licensing, Certification, or Charter; [Ord. 2021-022]
(2) Art. 4.B.1.C.9.e.2)b), Occupancy; and, [Ord. 2021-022]
(3) Art. 4.B.1.C.9.f, Location. [Ord. 2021-022]
2) Type 2 Waiver
a) Use Approval
A Transitional Community Residence, when the residents are not defined pursuant to F.S.
§ 419.001, shall request a Type 2 Waiver pursuant to Art. 2.B.7.D, Type 2 Waiver, to allow
the use within the AGR, AR, RE, RT, or RS Zoning Districts, Detached Units Residential
Pod of a PUD, or Residential Land Use Zone of a TND; or ZLL or Cottage Homes within
CL/CH/CHO-MUPD or IND/L-PIPD Zoning Districts; or the NR Sub-area of the WCRAO
subject to the following requirements: [Ord. 2021-022]
(1) Art. 4.B.1.C.9.d, Licensing or Certification; [Ord. 2021-022]
(2) Art. 4.B.1.C.9.e.2)a)(2), Occupancy; and, [Ord. 2021-022]
(3) Art. 4.B.1.C.9.f, Location. [Ord. 2021-022]
(4) An Applicant may seek additional Type 2 Waivers, when the Transitional Community
Residents does not meet the requirements of one or more of the following: [Ord. 2021-
022]
(a) Art. 4.B.1.C.9.d, Licensing or Certification, when licensing or certification is not
required or available from the State of Florida or Florida Association of Recovery
Residences. This does not apply when the Transitional Community Residence has
been denied a license or certification, or it has been revoked; [Ord. 2021-022]
(b) Art. 4.B.1.C.9.e.2)a)(2), Occupancy, when the number of residents including staff
that reside in the dwelling unit, are more than ten, but still meet the definition of
Transitional Community Residence; or, [Ord. 2021-022]
(c) Art. 4.B.1.C.9.f, Location, when the proposed Transitional Community Residence
does not meet the minimum distance from other Community Residences,
Recovery Communities, or Congregate Living Facilities. [Ord. 2021-022]
b) A Transitional Community Residence may request a Type 2 Waiver pursuant to Art.
2.B.7.D, Type 2 Waiver, when the proposed use does not meet the requirements of one or
more of the following: [Ord. 2021-022]
(1) AGR, AR, RE, RT, or RS Zoning Districts, Detached Units Residential Pod of a
PUD, or Residential Land Use Zone of a TND; or ZLL or Cottage Homes within
CL/CH/CHO-MUPD or IND/L-PIPD Zoning Districts; or the NR Sub-area of the
WCRAO
(a) Art. 4.B.1.C.9.d.1), Licensing or Certification, when licensing or certification is not
required or available from the State of Florida or the Florida Association of
Recovery Residences. This does not apply when the Transitional Community
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Residence has been denied a license or certification, or it has been revoked; [Ord.
2021-022]
(b) Art. 4.B.1.C.9.e.2)a)(1), Number of Residents, including staff that reside in the
dwelling unit, are more than six but not exceeding 14 residents; or, [Ord. 2021-
022]
(c) Art. 4.B.1.C.9.f, Location, when the proposed Transitional Community Residence
does not meet the minimum distance from the closest Community Residence,
Recovery Community, or Congregate Living Facility. [Ord. 2021-022]
(2) IRO, UC, UI, or RM Zoning Districts; or Existing Attached Housing within a
Residential Pod of a PUD, CL/CH/CHO-MUPD, Residential or Neighborhood
Center Land Use Zones of a TND, or TMD Zoning Districts
A Transitional Community Residence may request a Type 2 Waiver pursuant to Art.
2.B.7.D, Type 2 Waiver, when the proposed use does not meet the requirements of
one or more of the following: [Ord. 2021-022]
(a) Art. 4.B.1.C.9.d.1), Licensing or Certification, when licensing or certification is not
required or available from the State of Florida or Florida Association of Recovery
Residences. This does not apply when the Transitional Community Residence has
been denied a license or certification, or it has been revoked; [Ord. 2021-022]
(b) Art. 4.B.1.C.9.e.2)b)(1), Number of Residents, including staff that reside in the
dwelling unit, are more than ten, but still meets the definition of Transitional
Community Residence; or, [Ord. 2021-022]
(c) Art. 4.B.1.C.9.f, Location, when the proposed Transitional Community Residence
does not meet the minimum distance from the closest Community Residence,
Recovery Community, or Congregate Living Facility. [Ord. 2021-022]
3) Zoning Confirmation Letter
An Applicant proposing to establish a Transitional Community Residence shall apply for a
Zoning Confirmation Letter pursuant to Art. 2.C.8.A.2.d, Confirmation for a Community
Residence, Recovery Community, or Congregate Living Facility, in order to confirm compliance
with Licensing or Certification, Occupancy, and Location requirements. [Ord. 2021-022]
d. Licensing, Certification, or Charter
1) A Transitional Community Residence shall be licensed or certified by one of the licensing
entities referenced in F.S. § 419.001, § 397.311, or § 397.487; as follows: [Ord. 2021-022]
a) The appropriate available license or certification that the State of Florida or Florida
Association of Recovery Residences, offers or requires to operate the proposed
Transitional Community Residence, including any provisional license or certification issued
prior to granting a full license or certification pursuant F.S. § 419.001, § 397.311, or §
397.487. [Ord. 2021-022]
2) An existing Type 1 or Type 2 CLF, or other facility or use that conforms to the definition of
Transitional Community Residence, located in the unincorporated area of Palm Beach County
as of the effective date of Ordinance No. 2021-022, that is not currently licensed or certified by
the State of Florida, and that does not receive licensure, certification, or recertification from the
designated State entity within one calendar year from the effective date of Ordinance No. 2021-
022, shall not be considered a conforming use and shall cease operation one calendar year
from the effective date of Ordinance No. 2021-022 or within 60-calendar days of the date on
which certification, recertification, or the required license is denied, whichever date comes first.
The operator of the unlicensed or uncertified Transitional Community Residence must return
residents to their families or relocate them to a safe and secure living environment. [Ord. 2021-
022]
3) An existing use that conforms to the definition of Transitional Community Residence, and
located in the unincorporated area of Palm Beach County that was previously licensed or
certified by the State of Florida, as of the effective date of Ordinance No. 2021-022, shall
provide proof of license or certificate to the Zoning Division, within one calendar year from the
effective date of Ordinance No. 2021-022. Should the operator fail to provide proof of license,
certificate, or charter, they shall: [Ord. 2021-022]
a) Cease operation and vacate the premises within 60-calendar days and the operator shall
return residents to their families or relocate them to a safe and secure living environment;
or, [Ord. 2021-022]
b) Request approval for the applicable use pursuant to adopted Ordinance. [Ord. 2021-022]
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Page 25
4) Annual Notification of License, Certificate, or Charter
The Applicant shall annually provide proof of the valid license, certification, or charter pursuant
to Art. 2.C.8.A.2.d, Confirmation for a Community Residence, Recovery Community, or
Congregate Living Facility. Failure to provide proof of final licensure or certification from the
State of Florida, will result in revocation of the approval for the use. [Ord. 2021-022]
e. Occupancy
1) Residents of a Transitional Community Residence may include but are not limited to: [Ord.
2021-022]
a) Frail elders or other people with disabilities (F.S. § 429.65); [Ord. 2021-022]
b) Persons with disabilities (F.S. § 760.22(3)(a)); [Ord. 2021-022]
c) Persons with development disabilities (F.S. § 393.063); [Ord. 2021-022]
d) Non-dangerous person who has a mental illness (F.S. § 394.455); [Ord. 2021-022]
e) A child who is found to be dependent (F.S. § 39.01 or § 984.03); [Ord. 2021-022]
f) A child in need of services (F.S. § 984.03 or § 985.03); [Ord. 2021-022]
g) Persons recovering from substance use disorder; [Ord. 2021-022]
h) Staff who reside in the home of the Transitional Community Residence and play an integral
part of emulating a family. [Ord. 2021-022]
2) Number of Residents, Including Staff That Reside on the Property
a) AGR, AR, RE, RT, or RS Zoning Districts, Detached Units Residential Pod of a PUD,
or Residential Land Use Zone of a TND; or ZLL or Cottage Homes within CL/CH/CHO-
MUPD Zoning Districts
(1) Maximum six residents defined pursuant to F.S. § 419.001; [Ord. 2021-022]
(2) Residents not defined pursuant to F.S. § 419.001 require a Type 2 Waiver to allow the
use with a minimum of five and a maximum of ten residents. [Ord. 2021-022]
b) IRO, UC, UI, or RM Zoning Districts; or Existing Attached Housing within a
Residential Pod of a PUD, CL/CH/CHO-MUPD, Residential or Neighborhood Center
Land Use Zones of a TND, or TMD Zoning Districts
(1) Minimum five and a maximum of ten; or [Ord. 2021-022]
(2) Minimum five and a maximum of 14 for residents defined pursuant to F.S. § 419.001.
[Ord. 2021-022]
f. Location
A Transitional Community Residence shall be located at least 660 feet or seven lots whichever is
greater, from another Community Residence, Recovery Community, or Congregate Living Facility.
The separation requirement in this Section shall be measured in linear feet from property line to
property line. [Ord. 2021-022]
1) Exemption
Per State law, Transitional Community Residences for people with developmental disabilities
located in a “planned residential community” as defined by F.S. § 419.001(1)(d), are exempt
from the spacing requirements between Community Residences, Recovery Communities, and
Congregate Living Facilities established in this Code. [Ord. 2021-022]
g. Revocation
An operator must provide evidence of a license or certificate prior to the expiration of the 12-month
Zoning Confirmation Letter for Transitional Community Residence, as issued. An operator who has
not received licensure or certification; or where a license or certification was denied, revoked, or
suspended, shall not be allowed to operate in PBC and the Zoning Confirmation Letter for the
Transitional Community Residence shall become null and void. An operator must notify the Zoning
Director, or designee, that its license, certification, or Oxford House Charter has been suspended
or revoked within five-calendar days of the operator being notified of the suspension or revocation.
Such an operator shall cease operation and vacate the premises within 60-calendar days and shall
either return residents to their families or relocate them to a safe and secure living environment.
[Ord. 2021-022]
10. Zero Lot Line Home (ZLL)
a. Definition
The use of a lot for one detached dwelling unit with at least one wall, but not more than two walls
or a portion thereof, located directly adjacent to a side lot line.
b. Approval Process – RS Zoning District
A ZLL Home shall only be allowed in the RS Zoning District with an LR-2 or higher FLU designation.
ZLL Homes on parcels with an HR-8, HR-12, or HR-18 FLU designation, may be allowed subject
to DRO approval.
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Page 26
D. General Standards for Accessory Uses
Accessory uses shall comply with the specific Supplementary Use Standards contained in this Section.
1. Corresponding Accessory Use to a Principal Use
Accessory uses identified in Table 4.B.1.D, Corresponding Accessory Use to a Principal Use, shall be:
a. Permitted by Right unless stated otherwise; and
b. Allowed to the corresponding principal use in the Table.
Table 4.B.1.D – Corresponding Accessory Use to a Principal Use
Accessory Use
Principal Use
Mobile Home Dwelling
Multifamily
Single Family
Townhouse
Zero Lot Line
Bona Fide Agriculture
Stable
, Commercial/
Stable, Private
Agricultural Uses
Commercial Uses
Industrial Uses
Institutional,
Public,
and Civic Uses
Recreation Uses
Utility
and Excavation
Uses
Transportation
Uses
Accessory Quarters
-
-
P
P
P
-
-
-
-
-
-
-
-
-
Caretaker Quarters
-
-
-
-
-
P
P
P
P
P
P
P
P
P
Employee Housing
-
-
-
-
-
-
-
-
-
-
-
A
-
-
Estate Kitchen
-
-
P
-
P
-
-
-
-
-
-
-
-
-
Family Day Care Home
P
P
P
P
P
-
-
-
-
-
-
-
-
-
Farm Residence (2)
-
-
-
-
-
P (1)
-
-
-
-
-
-
-
-
Farm Workers Quarters
-
-
-
-
-
P
-
-
-
-
-
-
-
-
Garage Sale
P
P
P
P
P
-
-
-
-
-
-
-
-
-
Groom’s Quarters
-
-
-
-
-
-
A
-
-
-
-
-
-
-
Guest Cottage
-
-
P
P
P
-
-
-
-
-
-
-
-
-
Home-based Business
P
P
P
P
P
-
-
-
-
-
-
-
-
-
Kennel, Type 1
-
-
P
-
-
-
-
-
-
-
-
-
-
-
Limited Pet Boarding
-
-
A (3)
-
-
-
-
-
-
-
-
-
-
-
[Ord. 2018-002] [Ord. 2018-018] [Ord. 2020-001] [Ord. 2023-023] [Ord. 2024-004]
Notes:
-
Accessory use not allowed.
P
Permitted by Right.
A
Accessory use subject to Class A Conditional Use unless stated otherwise—See principal use and accessory use supplementary
standards.
1.
Farm Residence may only be accessory to Bona Fide Agriculture in the AGR and AP Zoning District.
2.
Accessory uses to Single Family are Permitted by Right to a Farm Residence.
3.
Limited Pet Boarding shall be allowed in the AGR and AR/RSA and AR/USA Zoning Districts only.
2. Property Development Regulations (PDRs)
Accessory residential uses shall be subject to the PDRs of the zoning district in which the use is located
unless stated otherwise.
3. Ownership
Accessory residential uses shall remain under the same ownership of the principal use and shall not
be subdivided or sold as a condominium.
4. Duplicate Use
Provided all other applicable standards in the Code are met, a principal use shall be allowed to have
no more than one of each of the accessory uses listed in Table 4.B.1.D, Corresponding Accessory Use
to a Principal Use, unless stated otherwise.
5. Discontinuation of Use
An accessory use shall continue only as long as the principal use that it serves remains active.
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Page 27
E. Accessory Residential Uses and Standards
1. Accessory Quarters
a. Definition
A complete, separate living quarter equipped with a kitchen and provisions for sanitation and
sleeping, located on the same lot as the owner-occupied principal dwelling. [Ord. 2023-023]
b. Approval
One Accessory Quarter is Permitted by Right as accessory to a Single Family, Townhouse, and
Zero Lot Line principal use. [Ord. 2023-023]
c. Building Area
The use shall be subject to the following:
1) On less than one acre: a maximum of 800 square feet.
2) On one acre or more: a maximum of 1,000 square feet.
3) The floor area calculation shall include only the living area of the Accessory Quarters under a
solid roof.
4) Additional floor area under a solid roof that is utilized as a porch, patio, porte-cochère, carport,
or garage shall not exceed 500 square feet.
d. Architectural Character
The Accessory Quarters shall be architecturally complementary in character and materials with the
principal dwelling. [Ord. 2023-023]
e. No Separate Utility Service
There shall be no separate meters for any utilities. Both, the principal dwelling and the accessory
dwelling shall be connected to the same utilities.
f. Design and Development Standards – Townhouse or Zero Lot Line
A detached Accessory Quarters associated with a Townhouse or a Zero Lot Line shall be located
in the rear of the lot. [Ord. 2023-023]
2. Caretaker Quarters
a. Definition
An accessory residence used by a caretaker engaged in providing security, custodial, or
managerial services upon the premises.
b. Approval
One Caretaker Quarter is Permitted by Right as accessory to all non-residential uses. [Ord. 2023-
023]
c. Building Area, Except When Accessory to Government Facilities
The use shall be subject to the following:
1) On less than one acre: a maximum of 800 square feet.
2) On one acre or more: a maximum of 1,000 square feet.
d. Occupancy
A Caretaker Quarters shall be for the exclusive use of the site on which it is located and shall be
occupied only by the custodian or caretaker and their family.
e. Temporary Use
Unless stated otherwise, a Caretaker Quarters use shall not be allowed in association with a
Temporary Use.
f. Mobile Home
A Mobile Home may be used for a Caretaker Quarters only in the AGR, AP, AR, IL, IG, PO, IPF,
and MHPD districts. A Mobile Home used in the AGR, AP, or AR districts, shall be subject to the
minimum acreage requirement pursuant to Art. 4.B.1.C.4.c, Accessory Use – Bona Fide
Agriculture. [Ord. 2018-002]
g. Mobile Home Removal Agreement
A removal agreement shall be executed and notarized between the Building Division and Property
Owner and recorded on the property in the Official Records of the PBC Clerk prior to issuance of
the Building Permit. The agreement shall be recorded against the property stating that the Mobile
Home shall be removed within 30 days in the event the property is sold or the principal use ceases
to exist.
3. Employee Housing
a. Definition
On-site living quarters within attached or detached structures owned by a business or corporation,
or other entity that serve as housing for its employees. [Ord. 2023-023]
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b. Approval and Applicability
Employee Housing is subject to a Class A Conditional Use approval as an accessory use to a
principal Recreational Use for a Golf Course and/or Country Club. The Employee Housing use shall
not be converted to another housing type or use. [Ord. 2023-023]
c. Ownership or Rental
1) The Employee Housing and the Recreational Use shall be owned by the same entity or person.
[Ord. 2023-023]
2) There shall be no fee simple subdivision of lots, or sale of individual quarters for ownership. If
the Employee Housing is sold or transferred to a different entity or person, the Employee
Housing use will no longer be a permissible accessory use to the Recreational Use. [Ord. 2023-
023]
3) There shall be no rental or subleasing of individual quarters to persons not employed by the
owners of the principal Recreational Use. [Ord. 2023-023]
d. Location
The Employee Housing shall be located within the Recreation Pod of a PUD or the CRE Zoning
District within the same development as the principal non-residential Recreational Use. [Ord. 2023-
023]
e. Number of Employees and Building Type
1) The land dedicated to Employee Housing may be approved for a maximum 20 employees per
acre subject to the Class A Conditional Use approval process. [Ord. 2023-023]
2) The Employee Housing shall consist of individual living quarters that provide separate living
facilities equipped with a kitchen, living/dining area, bathroom(s), and bedroom(s). [Ord. 2023-
023]
a) The structures may be developed as detached single quarters or attached such as multiple
quarters in one structure. [Ord. 2023-023]
b) Each quarter shall provide from one to four bedrooms. One full bathroom shall be provided
for quarters with one or two bedrooms, and two full bathrooms shall be provided for
quarters with three or four bedrooms. [Ord. 2023-023]
c) Each bedroom shall accommodate a maximum of two employees. [Ord. 2023-023]
d) The height of the structures shall not be more than one story higher than any residential
dwelling units adjacent to the parcel with the Employee Housing, unless separated by a
distance of more than 100 feet with the provision of additional landscaping and buffering.
[Ord. 2023-023]
e) The architecture shall be complementary (material, roof lines, fenestration) with the
residential dwelling units adjacent to the parcel with the Employee Housing within the
development. [Ord. 2023-023]
f) Parking shall be provided pursuant to Multifamily requirements in Art. 6, Parking, Loading,
and Circulation. A Type 2 Waiver may reduce the number of parking spaces concurrent
with the Employee Housing request (see Employee Housing Standards of Review). [Ord.
2023-023]
g) A Type 2 Waiver may reduce or eliminate landscaping requirements concurrent with the
Employee Housing request. [Ord. 2023-023]
h) The land area dedicated to Employee Housing shall include recreational amenities for its
residents. [Ord. 2023-023]
f. Standards for Review
In addition to the Standards for a Class A Conditional Use under Art. 2.B.7.B.2, Standards, the
BCC shall utilize the Standards indicated below when considering applications for Employee
Housing: [Ord. 2023-023]
1) Demonstration for the need of the requested number of employees and housing units
considering the operation of the specific Recreational Use; [Ord. 2023-023]
2) Demonstration that the floor plans are consistent with the housing requirements for the
employees; [Ord. 2023-023]
3) Demonstration that the recreation amenities on the Site Plan and justification for the types of
amenities and recreation provided; [Ord. 2023-023]
4) Demonstration that Employee Housing is compatible with the surrounding properties, and if a
Type 2 Waiver for buffering or landscaping is requested, demonstration that the Employee
Housing is adequately buffered and landscaped to ensure compatibility with adjacent uses;
and, [Ord. 2023-023]
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 29
5) Demonstration of adequate parking considering factors such as transportation provided by the
facility, and if a Type 2 Waiver to reduce the number of parking spaces is requested,
demonstration that the reduction in parking doesn’t impact the adjacent properties. [Ord. 2023-
023]
4. Estate Kitchen
a. Definition
A second kitchen located within a principal Single Family, Zero Lot Line, or Farm Residence.
b. Conversion to Duplex Prohibited
A secondary kitchen may be added provided there shall not be the presence of a second complete
and separate living environment associated with the secondary kitchen.
5. Family Day Care Home
a. Definition
An occupied residence in which custodial care is rendered to one to six children, inclusive, and for
which the owner or operator receives a payment, fee, or grant for any of the children receiving care,
whether or not operating for profit, consistent with F.S. § 125.0109 as amended.
b. Signage
Signs shall not be permitted.
6. Farm Residence
a. Definition
A dwelling unit, other than a Mobile Home, located on a parcel of land used for a Bona Fide
Agriculture use and occupied by the owner or operator of the farm operation.
b. Approval
A Farm Residence is Permitted by Right as accessory to a Bona Fide Agriculture principal use
limited to the AGR and AP Zoning Districts. [Ord. 2023-023]
c. Principal Dwelling
One principal dwelling shall be permitted for each bona fide farm operation.
7. Farm Workers Quarters
a. Definition
One or more residential structures providing a complete living environment, occupied by farm
workers who provide labor in conjunction with a Bona Fide Agriculture operation.
b. Approval
Farm Workers Quarters are Permitted by Right as accessory to a Bona Fide Agriculture principal
use. [Ord. 2023-023]
c. Building Area
One Farm Workers Quarters may be allowed for each 25 acres, subject to the following:
1) Limited to a maximum of four beds; and
2) The structure shall not exceed 1,000 square feet of GFA under a solid roof.
d. AGR Tier
AGR-PUD or TMD Preserves shall be allowed one dwelling unit per acre provided such units are
clustered onto a single compact area of the preserve and are restricted to occupancy by farm
workers. Farm Workers Quarters shall not be located on property in the AGR Tier to which no
residential density is assigned by the FLU designation.
e. Mobile Home Removal Agreement
A Mobile Home may be used for a Farm Workers Quarters. A removal agreement shall be executed
and notarized between the Building Division and Property Owner and recorded on the property in
the Official Records of the PBC Clerk prior to issuance of the Building Permit. The agreement shall
be recorded against the property stating that the Mobile Home shall be removed within 30 days in
the event the property is sold or the Bona Fide Agriculture operation ceases to exist.
8. Garage Sale
a. Definition
Temporary sale of household articles, in the front yard or garage of a dwelling unit, by the occupant.
b. Duration
A maximum of 72 hours.
c. Number of Sales
A maximum of two per year per dwelling unit.
9. Groom's Quarters
a. Definition
On-site living quarters for persons responsible for grooming and caring for horses boarded at a
Stable.
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 30
b. Approval
Groom’s Quarters are allowed as accessory to a principal equestrian use with equestrian Stables,
with the approval process varying by number of Groom’s Quarters. The approval process for
Groom’s Quarters shall be based upon the number of Groom’s Quarters proposed as provided
below: [Ord. 2023-023]
1) 1 to 4 are Permitted by Right; [Ord. 2023-023]
2) 5 to 20 are subject to DRO approval; [Ord. 2023-023]
3) 21 to 100 are subject to Class B Conditional Use approval; [Ord. 2023-023]
4) 101 and greater are subject to Class A Conditional Use approval. [Ord. 2023-023]
c. Zoning Districts – AGR-PUD or AGR-TMD
1) 20 Groom’s Quarters may be allowed on the Preservation Area of an AGR-PUD or AGR-TMD.
2) For more than 20 Groom’s Quarters, the allowable density shall be decreased by one unit for
each Groom’s Quarters and shall not exceed a maximum reduction of one-half of the number
of dwelling units associated with the Preservation Area.
d. Number of Groom’s Quarters
1) 20 Acres or Less
One Groom’s Quarters may be allowed for every four horse stalls.
2) More Than 20 Acres
One Groom’s Quarters may be allowed for every three horse stalls.
e. Building Area
1) Each Unit
Each Groom’s Quarters shall not exceed 500 square feet of GFA per unit.
2) 20 Acres or Less
The total GFA for all Groom’s Quarters shall not exceed 5,000 square feet per lot.
3) Occupancy
Shall be limited to on-site employees and members of the employees’ family only.
f. Kitchen Facilities Removal
Groom's Quarters may contain individual kitchen facilities and/or one common dining facility. An
agreement to remove all kitchen equipment shall be executed and notarized between the Building
Division and Property Owner and recorded on the property in the Official Records of the PBC Clerk
prior to issuance of the Building Permit for the Groom’s Quarters. The agreement shall require the
kitchen to be removed within 90 days of the unit ceasing to operate as a Groom’s Quarters. [Ord.
2023-023]
10. Guest Cottage
a. Definition
An accessory sleeping quarters provided for non-paying guests by the owner/occupant of a
principal dwelling unit.
b. Approval
A Guest Cottage is Permitted by Right as accessory to a Single Family, Townhouse, and Zero Lot
Line principal use. [Ord. 2023-023]
c. Building Area
The use shall be subject to the following:
1) On less than one acre: a maximum of 800 square feet.
2) On one acre or more: a maximum of 1,000 square feet.
3) The floor area calculation shall include only the living area of the Guest Cottage under a solid
roof.
4) Floor area under a solid roof that is utilized as a porch, patio, porte-cochère, or carport shall
not exceed 500 square feet of GFA.
d. Kitchen Facilities
There shall be no kitchen facilities in a Guest Cottage. [Ord. 2023-023]
e. Architectural Character
A Guest Cottage shall be architecturally complementary in character and materials with the
principal dwelling unit. [Ord. 2023-023]
f. No Separate Utility Service
There shall be no separate meters for any utilities. Both the principal dwelling and the Guest
Cottage shall be connected to the same utilities.
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 31
11. Home-based Business
a. Definition
A business, profession, occupation, trade, artisan, or handcraft for commercial gain by a resident
of the unit on the property. A Home-based Business shall not include those businesses that are
open to the public including those required by State of Florida agencies. [Ord. 2024-004]
b. Approval Process
Home-based Businesses on residential properties are Permitted by Right unless otherwise
regulated by this Article. Home-based Businesses within certain zoning districts may be approved
subject to additional standards and approval processes for Home-based Businesses with Limited
Pet Boarding, limited Landscape Service, or limited Contractor Storage Yard pursuant to this
Article. [Ord. 2018-018] [Ord. 2024-004]
c. Location
The Home-based Business may not conduct retail transactions at a structure other than the
residential dwelling; however, incidental business uses and activities may be conducted at the
residential property. Instructional services, which by their nature must be conducted outside of the
residential dwelling, such as swimming lessons, shall be located in a rear or side yard. [Ord. 2024-
004]
d. Incidental Nature
The activities of the Home-based Business shall be secondary to the property's use as a residential
dwelling and shall be clearly incidental and subordinate to the residential use of the property. As
viewed from the street, the use of the residential property shall be consistent with the uses of the
residential areas that surround the property. External modifications made to a residential dwelling
to accommodate a Home-based Business must conform to the residential character and
architectural aesthetics of the neighborhood. [Ord. 2024-004]
e. Employees
The employees of the Home-based Business who work at the residential dwelling must also reside
in the residential dwelling, except that up to a total of two employees or independent contractors
who do not reside at the residential dwelling may work at the residential dwelling. The business
may have additional remote employees that do not work at the residential dwelling. [Ord. 2024-
004]
f. Advertising
No external evidence or sign shall advertise, display, or otherwise indicate the presence of the
Home-based Business, nor shall the street address of the Home-based Business be advertised
through signs, billboards, television, radio, or newspapers. Advertising on vehicles shall be limited
to the minimum necessary to meet requirements mandated by F.S. ch. 489 or Chapter 67-1876 of
the PBC Contractor’s Certification Division Manual. [Ord. 2024-004]
g. Cottage Foods
No food preparation shall be allowed, except as allowed in accordance with F.S. § 500.80, Cottage
Food Operations, as amended.
h. On-Premise Sale of Goods and Services
A Home-based Business shall not involve the sale of any stock, trade, supplies, products, or
services on the premises, except for instructional services or incidental retail sales. [Ord. 2024-
004]
i. Instructional Services
Instructional services shall meet the following additional regulations:
1) Home Instruction, Inside
Teaching which takes place inside the dwelling unit of the instructor. Typical instruction includes
music lessons and academic tutoring.
2) Home Instruction, Outside
Teaching which takes place outside the dwelling unit, on the property of the instructor. This
type of instruction is limited to subject matter which necessitates outside instruction. Typical
instruction includes tennis, swimming lessons, dog training, and equestrian lessons.
3) Hours of Operation
Instruction shall occur only between the hours of 9:00 a.m. and 8:00 p.m. daily.
4) Number of Students
A maximum of three students at a time may be allowed to receive instruction during a lesson.
[Ord. 2024-004]
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 32
j. Nuisances and Hazards
The Home-based Business activities shall comply with Art. 5.E.4, Nuisances, and with any Local
and State regulations with respect to signage and equipment or processes that create noise,
vibration, heat, glare, smoke, dust, fumes, or noxious odors. All Home-based Business activities
shall comply with any relevant Local, State, and Federal regulations with respect to the use,
storage, or disposal of any corrosive, combustible, or other hazardous or flammable materials or
liquids. [Ord. 2019-034] [Ord. 2024-004]
k. Vehicles, Parking, and Outside Storage
1) Parking
The need for parking generated by the business may not be greater in volume than would
normally be expected at a similar residence where no business is conducted. Vehicles and
trailers used in connection with the business must be parked in legal parking spaces on the lot
operating the Home-based Business and shall not be parked within the right-of-way, on or over
a sidewalk, or on any unimproved surfaces at the residence. The operation of refrigeration units
is prohibited while the vehicle is parked or stored on the property. [Ord. 2024-004]
2) Employee Parking
One parking space shall be provided on the property for each employee working at the
residence. [Ord. 2024-004]
3) Hours of Operation
The loading or unloading, or movement of any parked or stored Commercial Vehicles,
equipment, or other similar activities, or arrival/departure of employees shall be prohibited
between the hours of 8:00 p.m. and 6:00 a.m. [Ord. 2024-004]
4) Commercial Vehicle Registration and Ownership
The Commercial Vehicles parked on the Home-based Business property must be registered to
the Home-based Business and/or owned by a resident of the dwelling unless approved as a
Home-based Business Contractor Storage Yard pursuant to the approval process in this
Article. [Ord. 2024-004]
5) Number of Commercial Vehicles
a) A maximum of two Commercial Vehicles and two trailers shall be allowed in the AR/RSA
Zoning District; [Ord. 2024-004]
b) A maximum of one Commercial Vehicle and one trailer shall be allowed on all other
residential properties. [Ord. 2024-004]
6) Commercial Vehicle Maximum GVWR
Commercial Vehicles shall be limited to the following categories and GVWR: [Ord. 2024-004]
a) Residential Properties Except AR/RSA
Class 1, 2, and only those vehicles in Class 3 up to a maximum of 12,500 pounds GVWR
and a trailer up to a maximum of 10,000 pounds GVWR shall be allowed on all residential
properties, except AR/RSA; and [Ord. 2024-004]
b) AR/RSA Zoning District
Class 1, 2, 3, and 4 up to a maximum of 16,000 pounds GVWR and trailers up to a
maximum of 10,000 pounds GVWR shall be allowed in the AR/RSA Zoning District. [Ord.
2024-004]
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 33
12. Kennel, Type 1
a. Definition
A residential lot with a Single Family dwelling designed or arranged to facilitate the non-commercial
care of domestic dogs and cats, owned by the occupants of the premises.
b. Private Non-Profit
A Type 1 Kennel may include a private non-profit animal organization that is not open to the public.
A PBCACC Excess Animal Habitat permit shall be prohibited.
c. Hobby Breeder
A person who breeds up to two litters of dogs or cats or 19 dogs or cats per one-year period, on
their property. A hobby breeder is further defined and regulated by the PBCACC pursuant to
Ordinance No. 98-22, as amended.
13. Limited Pet Boarding
a. Definition
A Single Family dwelling with accessory boarding of domestic cats or dogs not owned by the
occupants of the premises.
b. Approval Process
The use shall be subject to Class A Conditional Use approval process in the AGR and AR/RSA
and AR/USA Zoning Districts pursuant to
Art. 2, Application Processes and Procedures. In addition,
the Applicant shall submit simultaneously with the Class A Conditional Use application a letter from
ACC confirming the Applicant’s intent to develop the proposed use in the specific location.
c. Lot Size
A minimum of one acre.
d. Separation Distance
Shall not be located within a radius of 1,000 feet of another Limited Pet Boarding use. The
separation distance shall be measured from property line to property line.
e. Maximum Number
No more than a total of seven cats or dogs shall be boarded at any given time. The total number of
cats and dogs boarded and owned by the resident of the Single Family dwelling shall not exceed
the maximum limits for dogs and cats established by Animal Care and Control pursuant to Sec. 4-
22 of the PBC Code.
f. Boarding
Cats or dogs shall be boarded within the Single Family structure except when outdoor activities
take place. Boarding operations not conducted within the Single Family dwelling, but in an
accessory structure, must be a legally conforming use as of October 1, 2016.
g. Hours
1) Outdoor activities shall be limited to 7:00 a.m. and 9:00 p.m. unless under the restraint or
control of a person by means of a leash.
2) Business hours including drop-off and pick-up shall be between 6:00 a.m. to 7 p.m.
h. Outdoor Areas
1) Cats and dogs shall be personally supervised during the outdoor activity; and
2) Shall be set back a minimum of 25 feet from all property lines.
i. Signage
No signage shall be allowed to advertise the Limited Pet Boarding use.
j. ACC Permit
The operator of the use shall obtain Zoning approval prior to application for an Operational Permit
by the ACC.
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 34
(This page intentionally left blank)
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 35
Section 2 Commercial Uses
A. Commercial Use Matrix
Table 4.B.2.A – Commercial Use Matrix
Standard Zoning Districts
Use Type
Planned Development Districts (PDDs) Traditional Development Districts (TDDs)
AG/CON Residential Commercial
C
M
R
IND INST
PUD MUPD PIPD M R TND TMD
Pods FLU Pods H V Tier
P A A AR R R R R C C C C C C URAO IRO I I I P I R C R C A C C C C C I E C I I C I P P
U/S
Exurban/
Rural
U E
AGR
C G P R U E T S M N L C H G R U U U U U FLU L L G O P E O E I G L H L H R N D M N N O N D D S X
R S S O O E C C C I I C C C C F S M C V R O O D C R S D M D R N O R N O R D P
A A 1 2 3 1 2 L L H H / T / / E C S E C S U E R
O O P L G S R S R R V E
E E A S
Supplementary Use
Standards #
C C L
Commercial Uses (2)
- - - - - - - - - - - - - D - D D - D - - - - - - D D - - Adult Entertainment 1 - - - - - - - - - - - - - - D D - - - - - - - - - - - - -
- P - - - - - - - - - D - P P
D
(3)
D
(3)
D
(3)
D
(3)
D
(3)
- - P - - P P - - Auction, Indoor 2 - P - - - - P - - P P - - - P P P - - - - - - - - P - - -
- P - - - - - - - - - - - A A - - - - - - - - - - P P - - Auction, Outdoor 2 - - - - - - A - - A A - - - P A P - - - - - - - - - - - -
- - - D D D D D D - - - - - - D D D D D - - - - - - - - - Bed and Breakfast 3 - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - A - A - D - D D D D D A - D - - D - - - Car Wash 4 - D - - - A D - - - P - - - P P P - - - D - - D - D D D -
- - - - - - - - - P - P - P P D D D D D D - D - - P P - - Catering Service 5 - P - - - P P - - P P - - - D P D - - - P - - P - P - P -
- - - - - - - - - A - A - A A D D A D A A - A - - - - - - Cocktail Lounge 6 - A - - - A A - - A - - - - - A - - - - - - - - - A A A -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Commercial Communication Tower – See
Approval Process in Table 4.B.9.A.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - A - B - P - D D D D D D - D - - - - - - Convenience Store 7 - P - - - P P - - - - - - - - P - P P - P - - P - P D D -
- - - - - - - - - - - - - A - D D D D D - - D - D P P - - Dispatching Service 8 - - - - - - A - - - P - D - P A P - - - - - - - - - - - -
- - - - - - - - - - - D - D - D D D D D D D D D - P - - - Dog Day Care 9 - D - - - - D - - - P - - - P D - - - - D - - D - D D D -
- - - - - - - - - P P A P P - D D D D D D D D D - - - - - Financial Institution 10 - A - - - A P A P - - - - - - P - - - - P - - P - P P P -
- - - - - - - - - - - A D D - D D D D D A A D D - - - - -
Financial Institution with Drive-Through
Facilities
11 - A - - - A D A D - - - - - - D - - - - A - - A - D A A -
- - - - - - - - - - - D D D - D D D D D D D D D - - - - - Financial Institution – Freestanding ATM 12 - D - - - D D D D - - - - - - D - - - - D - - D - D D D -
- - - - - - - - - - - - - P - D D D D D - - D - - - - - - Flea Market, Indoor 13 - P - - - - P - - - - - - - - P - - - - - - - - - P P P -
- - - - - - - - - - - - - A A A A A A A - - - - - - - - - Flea Market, Outdoor 14 - - - - - - A - - - - - - - - A - - - - - - - - - - - - -
[Ord. 2017
-007] [Ord. 2017-025] [Ord. 2018-002] [Ord. 2019-005] [Ord. 2019-034] [Ord. 2021-023] [Ord. 2023-011] [Ord. 2023-012]
Use Approval
Process Key:
P Permitted by Right
D Subject to DRO approval A Subject to BCC approval (Class A Conditional Use)
B Subject to Zoning Commission approval (Class B Conditional Use) - Prohibited use, unless stated otherwise within Supplementary Use Standards
(1) Supplementary Use Standards for each use must be reviewed regardless of the approval process set forth in the Use Matrix. Refer to the numbers in the Supplementary Use Standards column.
(2) Uses may require a higher level of approval pursuant to Table 4.A.9.A, Thresholds for Projects Requiring DRO Approval, and Table 4.A.9.B, Thresholds for Projects Requiring Board of County Commissioners Approval, unless otherwise specified within the Supplementary Use Standards of the specific use. [Ord. 2021-023]
(3) The change in use for a previously approved non-residential structure shall be Permitted by Right, if in compliance with Art. 3.B.16.E.1, Right to Continue or Change Uses.
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 36
Table 4.B.2.A – Commercial Use Matrix
Standard Zoning Districts
Use Type
Planned Development Districts (PDDs) Traditional Development Districts (TDDs)
AG/CON Residential Commercial
C
M
R
IND INST
PUD MUPD PIPD M R TND TMD
Pods FLU Pods H V Tier
P A A AR R R R R C C C C C C URAO IRO I I I P I R C R C A C C C C C I E C I I C I P P
U/S
Exurban/
Rural
U E
AGR
C G P R U E T S M N L C H G R U U U U U FLU L L G O P E O E I G L H L H R N D M N N O N D D S X
R S S O O E C C C I I C C C C F S M C V R O O D C R S D M D R N O R N O R D P
A A 1 2 3 1 2 L L H H / T / / E C S E C S U E R
O O P L G S R S R R V E
E E A S
Supplementary Use
Standards #
C C L
Commercial Uses (2)
- - - - - - - - - A - A - A - A A A A A A - A - - - - - - Gas and Fuel Sales, Retail 15 - A - - - A A - - - - - - - - A - - - - A - - A - A A A -
- - - - - - - - - D - D - D - D D D D D D D D D - - - - - Green Market 16 - D - - - D D - - - - - - - - D - - - - D - - D - D D D -
- - - - - - - - - - - A A P - D D D D D A - D - - - - - - Hotel or Motel 17 - A - - - - P - A A - - - - - P - - - - - - - - - A A - -
- B - - - - - - - - - - - D - - - - - - - - - - - - - - - Kennel, Type 2 (Commercial) 18 - D - - - - D - - - - - - - - D - - - - - - - - - - - - -
- - - - - - - - - - - D - P - D D D D D P - P - - - - - - Kennel, Type 3 (Commercial Enclosed) 19 - P - - - P P - - - - - - - - P - - - - - - - - P P P -
- - - A - - - - - - - B - B - - - - - - - - - - D P P - - Landscape Service 20 - A - - - - A - - - P D D - P P P - - - - - - - - - - - -
- - - - - - - - - P - A - A -
D
(3)
D
(3)
D
(3)
D
(3)
D
(3)
A - A - - A A - - Laundry Service 21 - A - - - A A - - - A - - - A A A - - - A - - A - A A A -
- - - - - - - - - - - - - A B - - - - - - - D - - P P D - Marina 22 - A A - - - A - - A - - - - - P - - - - - - - - - - - - -
- - - - - - - - - A A P A P -
D
(3)
D
(3)
D
(3)
D
(3)
D
(3)
D D P P - - - P - Medical or Dental Office 23 - P - - - P P P P - - - - - - P - - - - P - - P - P P P -
- - - - - - - - - A A A P P - - -
D
(3)
-
D
(3)
D D P P - - - - - Office, Business or Professional 24 - P - - - P P P P - - - - - - P - - - - P - - P - P P P -
- - - - - - - - - - - - A D A A A A A A - - A - - - - P - Parking, Commercial 25 - - - - - - D - A A - - - - - - - - - - - - - - - A - - -
- - - - - - - - - - - - - A - A A A A A A - D - - - - - - Pawnshop 26 - - - - - - A - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - A - P - P P
D
(3)
D
(3)
D
(3)
D
(3)
D
(3)
D - D - - - - - - Personal Services 27 - P - - - P P - - - - - - - - P - P - - P - - P - P P P -
- - - - - - - - - - - - - A - D A - A - - - A - - P P P - Repair and Maintenance, Heavy 28 - - - - - - A - - - P - - - P A P - - - - - - - - A A A -
- - - - - - - - - A - A - D - D D A D A A - D - - P P - - Repair and Maintenance, Light 29 - A - - - D P - - - P - - - D P D - - - - - - - - D D D -
[Ord. 2017
-007] [Ord. 2017-025] [Ord. 2018-002] [Ord. 2021-023] [Ord. 2021-039] [Ord. 2023-011]
Use Approval Process Key:
P Permitted by Right
D Subject to DRO approval A Subject to BCC approval (Class A Conditional Use)
B Subject to Zoning Commission approval (Class B Conditional Use) - Prohibited use, unless stated otherwise within Supplementary Use Standards
(1) Supplementary Use Standards for each use must be reviewed regardless of the approval process set forth in the Use Matrix. Refer to the numbers in the Supplementary Use Standards column.
(2) Uses may require a higher level of approval pursuant to Table 4.A.9.A, Thresholds for Projects Requiring DRO Approval, and Table 4.A.9.B, Thresholds for Projects Requiring Board of County Commissioners Approval, unless otherwise specified within the Supplementary Use Standards of the specific use. [Ord. 2021-023]
(3) The change in use for a previously approved non-residential structure shall be Permitted by Right, if in compliance with Art. 3.B.16.E.1, Right to Continue or Change Uses.
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 37
Table 4.B.2.A – Commercial Use Matrix
Standard Zoning Districts
Use Type
Planned Development Districts (PDDs) Traditional Development Districts (TDDs)
AG/CON Residential Commercial
C
M
R
IND INST
PUD MUPD PIPD M R TND TMD
Pods FLU Pods H V Tier
P A A AR R R R R C C C C C C URAO IRO I I I P I R C R C A C C C C C I E C I I C I P P
U/S
Exurban/
Rural
U E
AGR
C G P R U E T S M N L C H G R U U U U U FLU L L G O P E O E I G L H L H R N D M N N O N D D S X
R S S O O E C C C I I C C C C F S M C V R O O D C R S D M D R N O R N O R D P
A A 1 2 3 1 2 L L H H / T / / E C S E C S U E R
O O P L G S R S R R V E
E E A S
Supplementary Use
Standards #
C C L
Commercial Uses (2)
- - - - - - - - - P - P - P -
D
(3)
D
(3)
D
(3)
D
(3)
D
(3)
D - D - - P - P - Repair Services, Limited 30 - P - - - P P - - - P - - - P P - - - - P - - P - P P P -
- - - - - - - - - - - A - A A D D D D D A - A - - - - - - Restaurant, Type 1 31 - A - - - A A - A - - - - - - A - - - - - - - - - A A A -
- - - - - - - - - A - D - D A D D D D D D - D - - - - - - Restaurant, Type 2 32 - A - - - A D - A A - - - - - A - - - - A - - A D D D -
- - - - - - - - - P - P - P -
D
(3)
D
(3)
D
(3)
D
(3)
D
(3)
D - D - - - - - - Retail Sales 33 - P - - - P P - - - - - - - - P - - - - P - - P - P P P -
- - - - - - - - A - - - - - - - - - - - - - - - - - - - - Rooming and Boarding House 34 - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - A A A A - D D D D D D - D - A D - - - Self-Service Storage, Limited Access 35 - A - - - A D - - - D - A - D D - - - - A - - A - D D D -
- - - - - - - - - - - - - A - D D D D D D - D - - D - - - Self-Service Storage, Multi-Access 35 - - - - - A A - - - D - - - D A - - - - - - - - - - - - -
- - - - - - - - - - - - - - A D D D D D - - - - - - - - - Single Room Occupancy (SRO) 36 - - - - - - A - - - - - - - - - - - - - - - - - - A A - -
- - - - - - - - - P - A - A A A A A A A A - A - - - - A - Theater and Performance Venue 37 - A - - - - A - - A - - - - - - - - - - - - - - - A A A -
- - - - - - - - - - - - - A - A - - A - - - A - - A - - -
Vehicle or Equipment Sales and Rental,
Heavy
38 - - - - - - A - - - A - - - A - - - - - - - - - - - - - -
- - - - - - - - - - - A - A - D D - D - A - D - - - - - - Vehicle Sales and Rental, Light 39 - A - - - A A - - - - - - - - A - - - - - - - - - A A A -
- A - A A - - - - P A P D P - D D D D D D - D - - P - - - Veterinary Clinic 40 - P - - - P P A P - - - - - - P - - - - P - - P - P P P -
- - - - - - - - - P - P P P -
D
(3)
D
(3)
D
(3)
D
(3)
D
(3)
D D D D A P P P P Vocational Institution 41 - P - - - P P - P - P P A P P P P - - - - - - - - - - P -
- - - - - - - - - A A A D D - D D D D D D D D D - - - - - Work/Live Space 42 - P - - - P P P P - - - - - - P - - - - P - - P - P P P -
[Ord. 2017
-007] [Ord. 2017-025] [Ord. 2018-002] [Ord. 2021-023] [Ord. 2023-011]
Use Approval Process Key:
P Permitted by Right
D Subject to DRO approval A Subject to BCC approval (Class A Conditional Use)
B Subject to Zoning Commission approval (Class B Conditional Use) - Prohibited use, unless stated otherwise within Supplementary Use Standards
(1) Supplementary Use Standards for each use must be reviewed regardless of the approval process set forth in the Use Matrix. Refer to the numbers in the Supplementary Use Standards column.
(2) Uses may require a higher level of approval pursuant to Table 4.A.9.A, Thresholds for Projects Requiring DRO Approval, and Table 4.A.9.B, Thresholds for Projects Requiring Board of County Commissioners Approval, unless otherwise specified within the Supplementary Use Standards of the specific use. [Ord. 2021-023]
(3) The change in use for a previously approved non-residential structure shall be Permitted by Right, if in compliance with Art. 3.B.16.E.1, Right to Continue or Change Uses.
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Unified Land Development Code
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Article 4 – Use Regulations
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B. General Commercial Standards
1. Bay Doors
Unless stated otherwise in this Article or Art. 6.E, Loading Standards, service bay doors shall not face
any residential use, or vacant parcel of land with a residential FLU designation, except as follows:
a. When separated by an Arterial or Collector Street a minimum of 80 feet in width.
b. When separated by a Local Commercial Street, provided the R-O-W Buffer is upgraded to include
a minimum six-foot-high hedge.
c. When separated by a parcel with a non-residential use such as utilities, canal R-O-W, easements,
FDOT, or County drainage, a minimum of 80 feet in width, subject to the provision of a Type 3
Incompatibility Buffer with a continuous two-foot-high berm. The required wall shall be placed on
the top of the berm. Canopy trees shall be one and one-half times the required tree quantity.
d. Requests for a Type 2 Variance from bay door regulations may be allowed in accordance with Art.
2, Application Processes and Procedures.
e. When residential uses are within the same MUPD and not vertically integrated, the non-residential
structure with the bay doors shall be separated from a residential structure by a minimum of 50 feet
and screened from view. [Ord. 2019-005]
C. Definitions and Supplementary Use Standards for Specific Uses
1. Adult Entertainment
a. Establishment
Any adult arcade, adult theater, adult bookstore/adult video store, adult motel, or adult dancing
establishment; or any establishment or business operated for commercial gain where any
employee, operator, or owner exposes his/her specified anatomical area for viewing by patrons,
including but not limited to: massage establishments whether or not licensed pursuant to F.S. ch.
480, tanning salons, modeling studios, or lingerie studios. The following definitions and
Supplementary Use Standards shall apply to all Adult Entertainment establishments:
b. Definitions
The following definitions apply for the purposes of the Adult Entertainment establishment provisions
of this Code.
1) Adult Arcade
Any place or establishment operated for commercial gain, which invites or permits the public
to view adult material. For purposes of this Code, “adult arcade” is included within the definition
of “adult theater.”
2) Adult Bookstore/Adult Video Store
An establishment which sells, offers for sale, or rents adult material for commercial gain and
which meets either of the following two criteria:
a) More than 30 percent of the gross public floor area is devoted to adult material; or
b) More than 30 percent of the stock in trade consists of adult material.
3) Adult Booth
A small enclosed or partitioned area inside an Adult Entertainment establishment which is: (1)
designed or used for the viewing of adult material by one or more persons; and (2) is accessible
to any person, regardless of whether a fee is charged for access. The term “adult booth”
includes, but is not limited to, a “peep show” booth, or other booth used to view adult material.
The term “adult booth” does not include a foyer through which any person can enter or exit the
establishment, or a restroom.
4) Adult Dancing Establishment
An establishment selling, serving, or allowing consumption of alcoholic beverages, where
employees display or expose specified anatomical areas to others, regardless of whether the
employees actually engage in dancing.
5) Adult Entertainment
a) Any adult arcade, adult theater, adult bookstore/adult video store, adult motel, or adult
dancing establishment; or any establishment or business operated for commercial gain
where any employee, operator, or owner exposes his/her specified anatomical area for
viewing by patrons, including but not limited to: massage establishments whether or not
licensed pursuant to F.S. ch. 480, tanning salons, modeling studios, or lingerie studios.
b) Excluded from this definition are any educational institutions where the exposure of the
specified anatomical area is associated with a curriculum or program.
c) An establishment that possesses an Adult Entertainment license is presumed to be an
Adult Entertainment establishment.
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6) Adult Material
Any one or more of the following, regardless of whether it is new or used:
a) Books, magazines, periodicals, or other printed matter; photographs, films, motion
pictures, video cassettes, slides, or other visual representations; recordings or other audio
matter; and, novelties or devices which have as their primary or dominant theme subject
matter depicting, exhibiting, illustrating, describing, or relating to specified sexual activities
or specified anatomical areas; or
b) Instruments, novelties, devices, or paraphernalia which are designed for use in connection
with specified sexual activities.
7) Adult Motel
A hotel, motel, or similar commercial establishment which offers accommodations to the public
for any form of consideration; provides patrons with closed-circuit television transmissions,
films, motion pictures, video cassettes, slides, or other photographic reproductions which are
characterized by the depiction or description of “specified sexual activities” or “specified
anatomical areas;” and has a sign visible from the public streets which advertises the
availability of this adult type of photographic reproductions.
8) Adult Theater
An establishment operated for commercial gain which consists of an enclosed building, or a
portion or part thereof, or an open-air area used for viewing of adult material. “Adult motels,”
“adult arcade,” “adult booth” and “adult motion picture theater” are included within the definition
of “adult theater.” An establishment which has “adult booths” is considered to be an “adult
theater.”
9) Adult Video Store
See Adult Bookstore.
10) Commercial Gain
Operated for pecuniary gain, which shall be presumed for any establishment which has
received a Business Tax Receipt. For the purpose of this Code, commercial or pecuniary gain
shall not depend on actual profit or loss.
11) Educational Institution
A premises or site within a municipality or within the unincorporated area of PBC upon which
there is a governmentally licensed child care facility for six or more children, or elementary or
secondary (K-12) school, attended in whole or in part by persons under 18 years of age.
12) Employee
Any person who works, performs, or exposes his/her specified anatomical areas in an
establishment, irrespective of whether said person is paid a salary or wages by the owner or
manager of the business, establishment, or premises. “Employee” shall include any person
who pays any form of consideration to an owner or manager of an establishment, for the
privilege to work performing or exposing his/her specified anatomical areas within the
establishment.
13) Person
Includes an individual(s), firm(s), association(s), joint ventures(s), partnership(s), estate(s),
trust(s), business trust(s), syndicate(s), fiduciary(ies), corporation(s), and all other or any other
similar entity.
14) Religious Activities
Any daily, weekly, or periodic activity associated with or that occurs at a religious institution.
15) Religious Institution
A premises or site which is used primarily or exclusively for religious worship and related
religious ecclesiastical or denominational organization or established place of worship, retreat
site, camp, or similar facilities owned or operated by a bona fide religious group for religious
activities shall be considered a religious institution.
16) Specified Anatomical Areas
Less than completely and opaquely covered:
a) Human genitals and pubic region; or
b) The opening between the human buttocks, i.e. the anal cleft; or
c) That portion of the human female breast encompassed within an area falling below the
horizontal line one would have to draw to intersect a point immediately above the top of
the areola (the colored ring around the nipple); this definition shall include the entire lower
portion of the female breast, but shall not include any portion of the cleavage of the human
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Article 4 – Use Regulations
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female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing
apparel, provided the areola is not so exposed; or
d) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
17) Specified Sexual Activities
a) Human genitals in a state of sexual stimulation, arousal, or tumescence; or
b) Acts of human anilingus, bestiality, buggery, cunnilingus, coprophagy, coprophilia,
fellation, flagellation, masochism, masturbation, necrophilia, pederasty, pedophilia,
sadism, sadomasochism, sexual intercourse, or sodomy; or
c) Fondling or other erotic touching of human genitals, pubic region, buttock, anus, or female
breast; or
d) Excretory functions as part of or in connection with any of the activities set forth in Art.
4.B.2.C.1.b.16), Specified Anatomical Areas and this Subsection.
c. Exclusions
Excluded from this definition are any educational institutions where the exposure of the specified
anatomical area is associated with a curriculum or program.
d. License per Palm Beach County Adult Entertainment Code
1) An establishment that possesses an Adult Entertainment license as indicated in Art.
4.B.2.C.1.n.1)c), is presumed to be an Adult Entertainment establishment.
2) An Adult Entertainment use approved by the DRO, after March 2, 2017, shall hold a valid Adult
Entertainment license pursuant to the “Adult Entertainment Code,” Chapter 17, Article V of the
PBC Code, as may be amended, prior to issuance of a Business Tax Receipt.
e. Review and Approval Process
1) Applications for new Adult Entertainment establishments or legal non-conforming
establishments exceeding the thresholds in Art. 1.F, Non-Conformities, shall be subject to DRO
approval.
2) An Adult Entertainment establishment shall be exempt from the requirements under
Development Thresholds in this Article or any thresholds in this Code that require the use to
be subject to a Conditional Use approval. [Ord. 2019-005]
3) The Zoning Director shall determine what DRO Agencies shall review the application, including
but not limited to the Building Division, Fire Department, and Zoning Division. The DRO shall
approve, approve with conditions, or deny the application within 21 days of a determination of
application sufficiency as contained in Art. 2.B.2, Sufficiency Review.
f. Conditions
The Zoning Director shall take into consideration DRO Agency-recommended conditions that
clearly implement their specific Agency Code provisions.
g. Relief from a Decision
A Person seeking a DRO approval or a Person holding a previously approved Special Permit or an
Adult Entertainment Establishment License, has the right to immediately seek relief from a denial
of application sufficiency for a DRO, denial of a DRO application, or revocation or suspension of a
Special Permit or DRO approval, as applicable, to the Circuit Court in the 15th Judicial Circuit of
the State of Florida.
h. Purpose and Intent
The following standards are intended to provide for the proper location of Adult Entertainment uses
in order to protect the integrity of adjacent neighborhoods, educational uses, religious uses, parks,
and other commercial uses. Proper separation of Adult Entertainment uses prevents the creation
of “skid-row” areas in unincorporated PBC that result from the concentration of these uses and their
patrons. It is also the intent of these standards to limit the secondary effects of Adult Entertainment
uses and to ensure that residential districts, religious uses, educational uses, parks, and other
commercial uses are located in areas free from the secondary effects of Adult Entertainment uses.
The location of residential districts, religious uses, educational uses, parks, and other commercial
uses within viable, unblighted, and desirable areas supports the preservation of property values
and promotes the health, safety, and welfare of the public.
i. Findings of Fact
Based on the evidence and testimony presented at the October 5, 2004 preliminary reading and
the October 19, 2004 and November 16, 2004 Public Hearings before the BCC, and the August
27, 2009 preliminary reading and the September 24, 2009 and October 22, 2009 Public Hearings
before the BCC, and on the findings incorporated in: the “Final Report to the City of Garden Grove:
The Relationship Between Crime and Adult Business Operations on Garden Grove Boulevard,”
October 1991; “Adult Entertainment Businesses in Indianapolis: An Analysis” conducted by the
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Department of Metropolitan Development, Division of Planning, February 1984; the “Study of the
Effects of Concentration of Adult Entertainment Establishments in the City of Los Angeles”
conducted by the Los Angeles City Planning Department for the Los Angeles City Council, June
1977; the study conducted by the City of Austin, Texas; the “Presentation to the Orange County
Commission” by the Metropolitan Bureau of Investigation (MBI) for the Ninth Judicial Circuit
(Orlando area); the expert affidavit prepared for Palm Beach County by Eric Damian Kelly, Ph.D.,
FAICP, dated September 24, 2004; letter from Dale M. Tarvis, M.D.; “Analysis of Availability of
Sites for Adult Entertainment in Palm Beach County” prepared for Palm Beach County by Duncan
Associates, November 2003; Adult Entertainment Analysis for Palm Beach County, Florida, Final
Report, by Cooper Planning Consultants, January 2019; the “Crime-Related Secondary Effects of
Sexually-Oriented Businesses – Report to the County Attorney, Palm Beach County, Florida”
prepared by Valerie Jenness, Ph.D., Richard McCleary, Ph.D., James W. Meeker, JD, Ph.D.,
August 15, 2007; the “Survey of Florida Appraisers – Effects of Land Uses on Surrounding Property
Values” prepared for Palm Beach County by Duncan Associates, December 2007 (Report 2008);
and, information from Tampa, Florida detailing the effects of Adult Entertainment establishments in
the Tampa area, the BCC hereby finds the following: [Ord. 2019-034]
1) Commercial uses exist or may exist within unincorporated PBC where books, magazines,
motion pictures, prints, photographs, periodicals, records, novelties, and/or other devices that
depict, illustrate, describe, or relate to specified sexual activities are possessed, displayed,
exhibited, distributed, and/or sold.
2) Commercial uses exist or may exist within unincorporated PBC:
a) Where the superficial tissues of one person are manipulated, rubbed, stroked, kneaded,
and/or tapped by a second person, accompanied by the display or exposure of specified
anatomical areas;
b) Where dancers, entertainers, performers, or other individuals, who, for any form of
commercial gain, perform or are presented while displaying or exposing any specified
anatomical area; or,
c) Where lap dancing occurs.
3) This competitive commercial exploitation of such nudity and semi-nudity is adverse to the
public's interest and the quality of life, tone of commerce, and the community environment in
PBC.
a) When the activities described in Art. 4.B.2.C.1.b.16), Specified Anatomical Areas and Art.
4.B.2.C.1.b.17), Specified Sexual Activities, are presented in commercial uses, other
activities that are illegal, immoral, or unhealthful tend to accompany them, concentrate
around them, and be aggravated by them. Such other activities include, but are not limited
to, prostitution, solicitation for prostitution, lewd and lascivious behavior, possession,
distribution, and transportation of obscene materials, sale or possession of controlled
substances, and violent crimes against persons and land.
b) When the activities described in Art. 4.B.2.C.1.b.16), Specified Anatomical Areas and Art.
4.B.2.C.1.b.17), Specified Sexual Activities, are present in commercial uses within PBC,
they tend to blight neighborhoods, adversely affect neighboring businesses, lower property
values, promote crime, and ultimately lead residents and businesses to move to other
locations.
c) There is a direct relationship between the display and depiction of specified anatomical
areas as described in Art. 4.B.2.C.1.b.16), Specified Anatomical Areas and Art.
4.B.2.C.1.b.17), Specified Sexual Activities, and an increase in criminal activities, moral
degradation, and disturbances of the peace and good order of the community, and the
occurrence of these activities are hazardous to the health and safety of those persons in
attendance and tend to depreciate the value of adjoining land and harm the economic
welfare of the community as a whole. These secondary effects are adverse to the public's
interest and quality of life, the tone of commerce, and the community environment in PBC.
4) Based upon these findings, the BCC finds that there are a sufficient number of available
locations for new Adult Entertainment uses within unincorporated Palm Beach County.
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Page 43
5) Based upon these findings, it is in the interest of the health, safety, morals, and general welfare
of the citizens of PBC that Adult Entertainment uses are regulated pursuant to the following
standards.
j. Separation
There shall be no Variance to the location standards contained herein.
1) General
An Adult Entertainment use shall be located outside of the minimum distances indicated below
including properties within a municipality or within the unincorporated area of PBC:
a) Other Adult Entertainment
2,000 feet.
b) A Place of Worship
1,000 feet.
c) An Educational Institution
1,000 feet.
d) A Public Park
500 feet.
e) A Residential Zoning District
Which is Designated as Residential by any Local Comprehensive Plan,
500 feet.
f) A Cocktail Lounge
750 feet.
2) Measurement of Distance
The distance set forth above shall be measured by drawing a straight line between the nearest
point on the perimeter of the exterior wall or bay housing the proposed Adult Entertainment
establishment to the nearest point on the property line of the relevant Place of Worship,
educational institution, Public Park, or residential zoning district. For the purpose of measuring
the distance, also see Art. 1.C, Rules of Construction and Measurement, between Adult
Entertainment uses, the distance shall be measured by drawing a straight line between the
nearest point on the perimeter of the exterior wall or bay of the proposed or existing Adult
Entertainment establishment and the nearest point on the exterior wall or bay of another Adult
Entertainment establishment. Measurement shall be made in a straight line, without regard to
intervening structures or objects.
3) WCRA Overlay
Adult Entertainment is prohibited within the boundaries of the WCRAO, as per Art. 3.B.14.E,
Use Regulations.
k. Subsequent Development within Location Standards
The subsequent approval of a Development Order for a Place of Worship, educational institution,
Public Park, or residential district within the distances outlined above shall not change the status of
the Adult Entertainment use to that of a non-conforming use.
l. Landscaping
A Type 2 Incompatibility Buffer, pursuant to Art. 7.C, Landscape Buffer and Interior Landscape
Requirements with Canopy trees spaced a minimum of 20 feet on center and a wall a minimum of
six feet in height shall be installed along any property line that abuts a residential district.
m. Lighting
Outdoor low-intensity lighting shall be provided that illuminates the entire parking and vehicular use
area. The lighting shall be installed on structures that do not exceed 16 feet in height from finished
grade.
n. Non-Conformity
1) Establishment of Non-Conformity
An Adult Entertainment use shall be deemed a non-conforming use, provided the
establishment:
a) Was in operation as an Adult Entertainment use, generally known and held out in the
neighborhood and community as an Adult Entertainment establishment, and was open to
the public as an Adult Entertainment establishment use on November 28, 1988; and
b) Possessed a valid and current Business Tax Receipt authorizing the general type of use,
which would correspond to the Adult Entertainment use being claimed as non-conforming
on November 28, 1988; and
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c) Submitted an application for an Adult Entertainment license pursuant to the “Adult
Entertainment Code,” Chapter 17, Article V of the PBC Code, as may be amended, with
appropriate filing fees by August 15, 1992.
d) Any Special Permit submitted between August 16, 1992 and March 2, 2017.
2) Standards for Non-Conformance
A non-conforming Adult Entertainment use as determined in Art. 4.B.2.C.1.n, Non-Conformity,
above shall be subject to the following Supplementary Use Standards, in addition to Art. 1.F,
Non-Conformities.
a) Landscape Buffer
The Adult Entertainment shall construct and install a Type 2 Incompatibility Buffer, as
defined in Art. 7.C.2.C, Incompatibility Buffer, with Canopy trees spaced a maximum of 20
feet on center along any property line that abuts a residential district, within 90 days of the
date of issuance of the Adult Entertainment license by the occupational licensing
department.
b) Building Permit
If a Building Permit for exterior structural renovation or remodeling or a paving or parking
permit is issued for the Adult Entertainment use, the requirements of Art. 7, Landscaping,
shall apply to the entire site of the Adult Entertainment use.
3) Modification or Improvement to Site Elements
When an Adult Entertainment establishment has been determined to be a non-conforming use,
or is located within a non-conforming structure, modifications or improvements to conforming
or non-conforming site elements or exterior architecture shall be permitted. The total cost
associated with these improvements will not be used in determining the allowable
improvements to the interior of the structure, pursuant to Art. 1.F, Non-Conformities.
o. Accessory Food Service in Industrial Districts
In the IL and IG Zoning Districts, food service may be allowed as an accessory use to Adult
Entertainment, only in conjunction with and during the hours of operation for an adult theater or an
adult dancing establishment.
p. Collocated Cocktail Lounge
A Cocktail Lounge may be Permitted by Right as a collocated use only when operated in
conjunction with and during the hours of operation for an Adult Entertainment establishment.
2. Auction
a. Definition
An establishment engaged in the display and sale of merchandise to the highest bidder in an
enclosed building or outdoor site.
b. Use Types
1) Indoor
All activities, display, and sale of merchandise shall occur within an enclosed building, unless
stated otherwise. An Indoor Auction may include an outdoor display area subject to the
following:
a) The merchandise shall be relocated to the interior of the enclosed building prior to the end
of each business day;
b) Shall not exceed ten percent of the GFA of the enclosed building;
c) Shall comply with the minimum setback requirements of the applicable zoning district; and,
d) Shall not be located in any required parking spaces, loading or vehicular use areas, fire
lanes, or landscape buffers. The outdoor display area shall not encroach upon pedestrian
pathways, sidewalks, or ADA accessible routes.
2) Outdoor
An Auction with all or a portion of the activity, display, and sale of merchandise occurring
outdoors on site.
c. Zoning District – AGR District
An Auction shall be limited to only farm equipment and supplies.
3. Bed and Breakfast
a. Definition
An owner-occupied Single Family dwelling that offers transient lodging and meal services only to
paying guests.
b. Signage
One sign, a maximum of eight square feet in sign face area, and three feet in height, indicating the
business name and contact information only may be allowed.
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c. Dwelling Modifications
Only exterior alterations necessary to assure safety of the structure or enhance the compatibility
with the surrounding neighborhood shall be made for the purpose of providing a Bed and Breakfast.
A Single Family dwelling may require structural or other modifications to ensure compliance with
the applicable Building Code and Fire Rescue regulations.
d. Events
Activities such as weddings, receptions, or social events shall be prohibited, unless approved as
Special Event.
4. Car Wash
a. Definition
A permanent establishment engaged in washing or detailing motor vehicles which may use
production line methods with a conveyor, blower, or other mechanical devices, and which may
employ some hand labor. Detailing includes hand washing and waxing, striping, and interior
cleaning.
b. Typical Uses
A Car Wash may include but is not limited to an automatic, full-service, hand wash, or self-service
car wash.
c. Collocated – CG, PDD with CH FLU Designation
A Car Wash may be Permitted by Right when collocated with a Retail Gas and Fuel Sales
establishment.
d. Accessory Use – CL FLU Designation
An automatic Car Wash may be allowed as an accessory use to a Retail Gas and Fuel Sales
subject to DRO approval when it is located on the same lot. Auto detailing or other extended
services shall be prohibited.
e. Zoning District – TMD
A maximum of one Car Wash may be allowed. The Car Wash shall be located outside the Main
Street, and may be accessed from a secondary street, alley, or from a parking lot. The Car Wash
shall not be visible from the Main Street. [Ord. 2017-025]
5. Catering Service
a. Definition
An establishment primarily engaged in providing event-based food services where food and
beverages are prepared and delivered for consumption off the premises.
b. Zoning District – CN District
The use shall be limited to 3,000 square feet of GFA.
c. Accessory Use
Catering Service may be Permitted by Right as an accessory use to a Restaurant limited to food
preparation. The accessory use shall be limited to three delivery vehicles.
d. Accessory Services
A Catering Service may also provide personnel, serving equipment, and decorations.
e. Delivery Vehicles
Delivery vehicles shall be located at the rear of the property and screened from view when located
within 100 feet of a parcel of land with residential FLU designation or use, unless blocked from view
by other existing structures.
6. Cocktail Lounge
a. Definition
A use engaged in the preparation and retail sale of alcoholic beverages for consumption on the
premises.
b. Approval Process – CG, and TDD or PDD with CH FLU
A Cocktail Lounge located in the CG Zoning District, or in a TDD or PDD with a CH FLU designation,
may be subject to the following: [Ord. 2017-029]
1) Permitted by Right when located outside the separation requirements; or [Ord. 2017-029]
2) the BCC may allow the use within the distances established in the separation requirements,
subject to Class A Conditional Use approval. [Ord. 2017-029]
c. Typical Uses
Examples of a Cocktail Lounge include but are not limited to bars, taverns, pubs, nightclubs, and
similar uses. [Ord. 2023-011]
d. Zoning District – CN District
A Cocktail Lounge shall not exceed 3,000 square feet of GFA.
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e. Accessory Use
An accessory Cocktail Lounge to an office, Hotel, or Motel shall not exceed ten percent of the GFA.
f. Separation Requirements
A Cocktail Lounge, which includes outdoor areas, shall not be located within 250 feet of a parcel of
land with a residential FLU designation or use and shall be separated a minimum of 750 feet from
another Cocktail Lounge. The Zoning Director may ask for a signed/sealed survey certifying that
another lounge does not exist within 750 feet off the subject lounge, a residential district is more
than 250 feet from the subject lounge, or the subject lounge is more than 500 feet from a school as
required by the State of Florida, F.S. § 562.45, as amended. Measurement shall be taken from the
structure to the property line of a residential use or FLU designation. [Ord. 2017-029]
g. Restaurant
A Cocktail Lounge is distinct from a restaurant that sells alcohol when the establishment cannot
qualify for a “Consumption on Premises, Special Restaurant Exemption” pursuant to the State
Beverage Law.
h. Brewery-Distillery
A Cocktail Lounge with MUPD zoning and a CL or CH FLU designation may include a
Manufacturing and Processing Brewery-Distillery use on up to 50 percent of the gross floor area,
including outdoor seating, for that establishment. [Ord. 2023-011]
7. Convenience Store
a. Definition
An establishment serving a limited market area and engaged in the retail sale of food, beverages,
and other frequently or recurrently needed items for household use or consumption.
b. Floor Area
A maximum of 7,000 square feet of GFA.
c. Overlay – WCRAO
Convenience Store is prohibited in the NR, NRM, NG, and NC Sub-areas per Table 3.B.14.E,
WCRAO Sub-area Use Regulations.
d. Zoning Districts – CN and CC
Shall comply with Art. 5.E.1, Major Intersection Criteria.
e. Collocated Use
A Convenience Store that is collocated with a Retail Gas and Fuel Sales shall be reviewed and
approved concurrently.
8. Dispatching Service
a. Definition
An establishment for receiving and transmitting messages associated with the tracking of vehicles
and equipment, or coordinating mobile or transportation operations, which may include storage of
dispatched vehicles or equipment.
b. Typical Uses
A Dispatching Service may include but is not limited to janitorial, pest control, or emergency
services; and taxi, limousine, or courier operations.
c. Approval Process
1) CH FLU Designation and Commercial Pod of PIPD
A Dispatching Service may be allowed subject to DRO approval in the following situations:
a) Limited to three service or delivery vehicles; or
b) All dispatched vehicles are stored indoors; or
c) Outdoor storage of vehicles is separated a minimum of 250 feet from a parcel of land with
a residential FLU designation or use.
2) A Dispatching Service without vehicles on site and limited to office only may be Permitted by
Right in the zoning districts where the use is allowed.
9. Dog Day Care
a. Definition
An establishment which provides daytime care and training for domestic dogs. Overnight care of
domestic dogs is prohibited.
b. ACC Permit
The owner or operator shall obtain Zoning approval prior to application for an ACC Operational
Permit. All Dog Day Care uses shall be licensed and regulated in accordance with ACC Ordinance
No. 98-22, as amended.
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Article 4 – Use Regulations
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c. Waste Disposal
A Dog Day Care shall meet the ECR I and ECR II standards and shall be subject to all applicable
rules and regulations of the FDEP, PBCHD, and SWA.
d. Runs and Drop-Off
Facilities shall be subject to the following standards:
1) Outdoor runs, outdoor play areas, and yards shall be prohibited;
2) Adequate drop-off areas shall be provided; and,
3) Three drop-off spaces measuring 12 feet in width by 20 feet in length shall be provided for
every 50 dogs.
e. Outdoor Areas
Outdoor activities shall be prohibited except as follows:
1) Shall be personally supervised and under the restraint or control of a person by means of a
leash;
2) Shall only be allowed within areas designated for such activities on the Final Site Plan, unless
Dog Day Care is sole use of property; and,
3) Waste shall be picked up immediately and disposed of properly within the establishment. [Ord.
2023-012]
10. Financial Institution
a. Definition
An establishment engaged in deposit banking.
b. Typical Uses
A Financial Institution may include but is not limited to commercial banks, savings institutions, and
credit unions.
c. Approval Process – CC District, PDD with CL or CL-O FLU, and Commercial Pod of PUD
A Financial Institution 5,000 square feet or less in the CC Zoning District, PDD with CL or CL-O
FLU designation, or Commercial Pod of a PUD, may be Permitted by Right. [Ord. 2019-005]
d. Zoning Districts – CN and CLO Districts, and Neighborhood Center of TND
A Financial Institution in the CN and CLO Zoning Districts, and Neighborhood Center of a TND,
shall be limited to a maximum of 5,000 square feet.
11. Financial Institution with Drive-Through Facilities
a. Definition
A Financial Institution that includes drive-through teller facilities. [Ord. 2019-005]
b. Approval Process
1) CC District, Commercial Pod of PUD, PDD with CL and CL-O FLU, and TMD
A Financial Institution 5,000 square feet or less, and with three drive-through lanes or less, may
be allowed subject to DRO approval, in the following zoning districts: [Ord. 2017-025] [Ord.
2019-005]
a) CC;
b) PDD with CL or CL-O FLU designation; and, [Ord. 2017-025] [Ord. 2019-005]
c) TMD in the Rural Tier, Exurban Tier, and the Development Area of the AGR Tier. [Ord.
2019-005]
2) CG Zoning District, PDD with CH and CH-O FLU, Commercial Pod of PIPD, and TDD
A Financial Institution 5,000 square feet or less in size with three or less drive-through lanes,
may be Permitted by Right, in the following zoning districts: [Ord. 2019-005]
a) CG district; [Ord. 2019-005]
b) PDD with CH or CH-O FLU designation; [Ord. 2019-005]
c) Commercial Pod of a PIPD; and, [Ord. 2019-005]
d) the Development Area of an AGR-TMD. [Ord. 2019-005]
3) Single Drive-Through ATM Exception
A maximum of one drive-through ATM lane shall not be considered a drive-through lane for
purposes of determining the threshold above. [Ord. 2019-005]
c. Zoning District – TDD
Drive-up teller units shall be located in the rear of a building with access from an alley, interior
parking area, or a street not designated as a Main Street.
12. Financial Institution – Freestanding ATM
a. Definition
An entirely automated unstaffed Financial Institution, either located in a stand-alone kiosk or the
façade of a building where the owner or tenants have no managerial authority over the operation
of the ATM.
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b. Zoning District – TDD
A Freestanding ATM with a drive-through ATM lane shall be located in the rear of a building with
access from an alley, interior parking area, or a street not designated as a Main Street. [Ord. 2017-
025]
c. Thresholds
All Freestanding ATMs shall be subject to the following requirements:
1) The owner or operator shall maintain at least one manned full-service Financial Institution
within Palm Beach County;
2) The structure shall not exceed 100 square feet, excluding canopies provided for decorative
aesthetics or protection from weather;
3) Customer access to the interior of the structure shall be prohibited, except for transparent glass
security enclosures;
4) Shall not be located within 1,000 feet of another Freestanding ATM. When within a TMD, the
1,000-foot separation distance may be reduced to accommodate a maximum of two
Freestanding ATMs, provided they are constructed in common public plazas; and,
5) Shall be limited to a maximum of one drive-through ATM lane.
13. Flea Market, Indoor
a. Definition
Retail sales within a building permanently enclosed by walls and roof, in which floor space is rented
to individual merchants to display and sell goods.
14. Flea Market, Outdoor
a. Definition
An outdoor retail sales area in which parcels of land are rented to individual merchants to display
and sell goods.
15. Gas and Fuel Sales, Retail
a. Definition
An establishment engaged in the sale of gasoline or motor fuels to the general public.
b. Non-Conformities
1) Automotive Service Station or Convenience Store with Gas Sales
A prior approval for an Automotive Service Station or Convenience Store with Gas Sales, shall
correspond to Retail Gas and Fuel Sales, and any other collocated uses such as Convenience
Store, or Light or Heavy Repair and Maintenance.
2) Approvals Prior to Establishment of Location Criteria
An Automotive Service Station or Convenience Store with Gas Sales that was a conforming
use on the effective date of Ordinance No. 2001-029 (August 3, 2001), shall be exempt from
the location criteria of Art. 4.B.2.C.15.e.1), Intersection Criteria, and Art. 4.B.2.C.15.e.2),
Separation Criteria, listed below.
c. Approval Process – IRO District with CH FLU Designation
Retail Gas and Fuel Sales located on a parcel with a CH FLU designation within the Core Transect
Zone may be allowed subject to DRO approval.
d. Zoning District – TMD
Retail Gas and Fuel Sales shall only be allowed on sites that are within 500 feet of the perimeter
of the development. Gasoline pumps shall be located at the side or rear of a building with access
from an alley, interior parking area, or a street not designated as a Main Street. [Ord. 2017-025]
e. Location Criteria
1) Intersection Criteria
A maximum of two Retail Gas and Fuel Sales establishments may be allowed at an intersection
pursuant to Art. 5.E.2.B, Intersection Criteria.
2) Separation Criteria
A Retail Gas and Fuel Sales establishment shall be separated from any other Retail Gas and
Fuel Sales establishment pursuant to Art. 5.E.2.C.1, Separation Criteria.
3) Major Intersection Criteria for CL FLU in U/S Tier
Retail Gas and Fuel Sales with a CL FLU designation shall comply with Art. 5.E.1, Major
Intersection Criteria.
4) CL FLU in Rural, Exurban, Glades, and Agricultural Reserve Tiers
Retail Gas and Fuel Sales shall be located within 1,000 feet of the intersection of one Collector
and Arterial Street, or two Arterial Streets, as listed in the Florida Department of Transportation
(FDOT) PBC Federal Functional Classification Table.
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Article 4 – Use Regulations
Page 49
5) WCRA Overlay
Retail Gas and Fuel Sales is prohibited in the NR, NRM, NG, and NC Sub-areas, per Table
3.B.14.E, WCRAO Sub-area Use Regulations.
6) Exceptions
a) I-95 Interchanges
A parcel with a Commercial High (CH) Future Land Use designation within one-half mile of
an I-95 interchange shall be exempt from the location criteria of Art. 4.B.2.C.15.e.1),
Intersection Criteria, and Art. 4.B.2.C.15.e.2), Separation Criteria, listed above.
b) MUPD
Retail Gas and Fuel Sales located within an MUPD may be exempt from the location criteria
for Art. 4.B.2.C.15.e.1), Intersection Criteria, and Art. 4.B.2.C.15.e.2), Separation Criteria,
where in compliance with the following:
(1) Required perimeter landscape buffers, where located between all Retail Gas and Fuel
Sales use areas, including ingress/egress, and any R-O-W or parcel of land with a
residential FLU designation or use, unless obstructed from view by other existing
structures; and
(2) Direct access from any perimeter R-O-W abutting the MUPD shall be prohibited. All
access shall be from entrances established for the overall MUPD, and comply with
minimum standards for ingress/egress, stacking, turn lanes, and pedestrian
connectivity.
f. Accessory Use
Retail Gas and Fuel Sales may be allowed as an accessory use to Wholesale Gas and Fuel in
industrial districts with an IND or EDC FLU designation, subject to Class A Conditional Use
approval, and the following: [Ord. 2023-011]
1) Gas and fuel sold retail shall be limited to motor fuels sold wholesale;
2) Maximum of four fueling positions;
3) Maximum of one wall or freestanding sign, where permitted, not to exceed six feet in height, or
25 square feet of sign face area.
4) Wholesale Gas and Fuel Sales may include regional corporate headquarters or maintenance
facility for a State-regulated public utility that sells natural gas or other similar fuels.
16. Green Market
a. Definition
Gathering of vendors for the purpose of selling fresh unprocessed fruit, vegetables, flowers, and
consumable items such as coffee, bread, and prepared food on a retail basis.
b. Lot Size
A minimum of one acre with the exception of lots located in the WCRAO where a minimum of one-
half of an acre is required.
c. Accessory Uses – Green Market
A Green Market may be allowed as an accessory use to a Community Vegetable Garden in the
WCRAO and CCRT areas subject to DRO approval and the following: [Ord. 2019-005] [Ord. 2021-
006]
1) The use shall be operated by a CCRT neighborhood organization or the WCRA.
2) Items for sale shall be limited to those grown or prepared by neighborhood residents.
3) The accessory use and structure shall be limited to 30 percent of the total growing area for the
Community Vegetable Garden. [Ord. 2019-005]
4) Shall be limited to the hours of 7:00 a.m. and 7:00 p.m. [Ord. 2019-005]
5) Where a Green Market is allowed as an accessory use to a Community Vegetable Garden, a
six-foot-high landscape barrier, which includes but not limited to: a hedge, a vinyl-coated chain
link fence with hedge, or an opaque fence shall be provided along any property line that abuts
a parcel with a residential FLU designation or residential use. An accessory Green Market to
an existing Community Garden, approved prior to the effective date of this amendment, that
has complied with the buffer requirements of Art. 7, Landscaping, is not required to provide a
six-foot-high landscape barrier. [Ord. 2019-005]
d. Duration
The use shall operate no more than three days a week.
e. Vendor Stands
The stand shall remain transportable and shall be removed from the site at the close of the market
each week. Motor vehicles such as vans or small trucks may be allowed subject to the preceding
removal requirements.
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Page 50
17. Hotel or Motel
a. Definition
An establishment typically licensed by the State of Florida, used, maintained, or advertised as a
place where furnished sleeping accommodations are supplied to the guest for a short period of
time.
b. Approval Process
1) TMD District – U/S Tier
The use may be Permitted by Right when located in the CH FLU designation. [Ord. 2020-020]
c. Zoning District – PO District
1) An existing Hotel located in the PO district shall be considered a conforming use.
2) Collocated Hotel
a) Approval Process – PARK FLU
A Hotel may be allowed as a collocated use to a PBC Regional Park with a PARK FLU,
subject to Class A Conditional Use approval.
b) Park Resource Base
The Regional Park shall include a resource base which promotes heritage tourism, eco-
tourism, or is otherwise planned to attract patrons from a Countywide or greater population
for historical, cultural, scientific, educational, or other similar purposes. Such resource base
shall be operational prior to approval of a Hotel, or approved and permitted concurrently
with a Hotel.
c) Conceptual Master Plan
A Hotel shall be a component of a Conceptual Master Plan or equivalent that is approved
by the Board of County Commissioners.
d) Frontage and Access
The Regional Park in which a Hotel is located shall have frontage on an Arterial or Collector
Street(s). Vehicular access to a Hotel shall be prohibited from any Residential Street
abutting the park, unless approved by the BCC as part of the Conditional Use approval for
the Hotel.
e) Site Plan – Affected Area
When a Site Plan is not required for the overall park site, the required Site Plan for the
Hotel shall regulate only the development area for the Hotel and access related thereto.
d. Accessory Services
Hotels and Motels may provide services and facilities, such as food and beverage, recreational,
meeting, or conference rooms, ballrooms, and laundry.
e. Commercial Pod of a PUD
1) Approval Process
A Hotel or Motel may be allowed in a Commercial Pod of a PUD subject to a Class A Conditional
Use approval and the following requirements: [Ord. 2021-039]
a) Compliance with Art. 3.E.2.E.2, Commercial Pod; and [Ord. 2021-039]
b) The Hotel or Motel shall be subject to the following location criteria: [Ord. 2021-039]
(1) Shall be located abutting a Recreation Pod with a Golf Course; and [Ord. 2021-039]
(2) Shall be located within a 1,000-foot radius of a Golf Course clubhouse facility, and
pedestrian access shall be provided to connect these uses. [Ord. 2021-039]
18. Kennel, Type 2 (Commercial)
a. Definition
A commercial establishment, including any building or land, used for the raising, boarding,
breeding, sale, or grooming of domesticated animals (e.g., dogs and cats), not necessarily owned
by the occupants of the premises, for profit.
b. ACC Permit
The owner or operator shall obtain Zoning approval prior to application for an ACC Operational
Permit. A Type 2 Commercial Kennel shall be licensed and regulated in accordance with ACC
Ordinance No. 98-22, as amended.
c. Lot Size
A minimum of two acres.
d. Outdoor Runs
1) Setbacks
Outdoor runs or animal exercise area shall not be located within 50 feet of any property line
adjacent to a parcel of land with a residential FLU designation or use, or where mixed use is
required, or 25 feet of any property line adjacent to a non-residential district. [Ord. 2021-006]
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Page 51
2) Fencing and Screening
A minimum six-foot-high safety fence shall be required around outdoor runs. If the safety fence
is not opaque or screened from view of adjacent properties or R-O-W, a continuous solid
opaque hedge a minimum of four feet at installation shall be provided around the outdoor
run/area.
3) Waste Disposal
A Type 2 Commercial Kennel shall meet the PBCHD ECR I and ECR II standards and shall be
subject to all applicable rules and regulations of the FDEP, PBCHD, and SWA.
e. Accessory Residential Use – AGR District
A Single Family dwelling unit may be Permitted by Right as an accessory use to a Type 2
Commercial Kennel in the AGR Zoning District.
19. Kennel, Type 3 (Commercial)
a. Definition
A commercial establishment operated entirely within an enclosed building used for the boarding,
sale, or grooming of domesticated animals (e.g., dogs and cats), not owned by the occupants of
the premises, for profit.
b. ACC Permit
The owner or operator shall obtain Zoning approval prior to application for an ACC Operational
Permit. A Type 3 Commercial Kennel shall be licensed and regulated in accordance with ACC
Ordinance No. 98-22, as amended.
c. Maximum Square Footage
Shall not exceed 3,000 square feet in the CC and TMD districts, or 7,500 square feet in any other
zoning district the use is allowed.
d. Standards
All use areas shall be within an enclosed building constructed, maintained, and operated so that
no noise or odor nuisances related to the Kennel operations can be detected outside the building.
With exception to designated drop-off areas, no outdoor runs, playgrounds, walking areas, yards,
or similar uses shall be permitted.
e. Waste Disposal
A Type 3 Commercial Kennel shall meet the PBCHD ECR I and ECR II standards and shall be
subject to all applicable rules and regulations of the FDEP, PBCHD, and SWA.
20. Landscape Service
a. Definition
An establishment engaged in the maintenance or installation of landscaping. [Ord. 2019-039]
b. Typical On-Site Activities
Includes administrative office; customer and employee parking; and, storage or parking of
landscape vehicles, chemicals, fertilizers, landscape materials, and equipment. [Ord. 2019-039]
c. Typical Off-Site Activities
May include, but are not limited to: lawn mowing; trimming of vegetation including trees, shrubs, or
hedges; irrigation; fertilizer application; leaf blowing; landscaping design; maintenance; or,
installation. [Ord. 2019-039]
d. Common Operations Area
A common area that is shared between the Nursery and the Landscape Service, which may
include, but is not limited to: drive aisles; customer parking; and, structures that are commonly
shared between the Nursery and the Landscape Service. It shall not include areas, structures, or
facilities which serve solely the Landscape Service (On-Site Activities). [Ord. 2019-039]
e. Nursery Growing Area
Consists of an area(s) used solely for the propagation, cultivation, growing, storage, and staging of
plants. [Ord. 2019-039]
f. Easements
The Applicant may allocate drainage or street/canal right-of-way easements to the Common
Operations, Nursery, or Landscape Service Areas based on their proximity to each respective area
and the purpose and scope of the easement, subject to the approval by the DRO. [Ord. 2019-039]
g. AR District in RSA
Shall be permitted subject to applicable requirements of a Home-based Business pursuant to Art.
4.B.1.E.11, Home-based Business; Art. 4.B.2.C.20.i, Collocated Use; or, as a Principal Use subject
to the additional requirements as follows: [Ord. 2019-039]
1) Shall be located on a Collector or Arterial Street; and [Ord. 2019-039]
2) Shall be on a minimum of three acres. [Ord. 2019-039]
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Article 4 – Use Regulations
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h. AGR-PUD Zoning District Preserve Area
1) Applicability
Landscape Service under this Section shall be permitted only for existing Landscape Service
uses, on the following 29 sites, subject to the restrictions contained herein: [Ord. 2020-016]
[Ord. 2021-004]
a) 24 sites within the AGR-PUD Zoning District Preserve Area, as depicted in the list of AGR-
PUD Preserve sites attached as Exhibit B in Ordinance No. 2021-004. [Ord. 2020-016]
[Ord. 2021-004]
b) Five additional sites within the AGR Zoning District, as depicted in the list of AGR-PUD
Preserve sites attached as Exhibit B in Ordinance No. 2021-004. [Ord. 2020-016] [Ord.
2021-004]
(1) These five sites shall provide sufficient evidence demonstrating that the Property
Owner has entered into a private transactional agreement, such as an assignment
agreement or other similar agreement, recorded in the Official Records of PBC prior to
January 1, 2019, with the intent of converting the site to the AGR-PUD Zoning District
Preserve Area. [Ord. 2020-016] [Ord. 2021-004]
2) Landscape Service must be compact and contiguous in design and not located in more than
two separate locations on a site; and, [Ord. 2020-016]
3) Landscape Service shall be allowed only in conjunction with a Wholesale Nursery and both
uses shall be operated under the same ownership. [Ord. 2020-016]
4) Approval Process – Full DRO
a) The DRO shall determine what Agencies will review the proposed application. [Ord. 2020-
016]
b) The 24 sites located within the AGR-PUD Zoning District Preserve Area shall submit an
application to allow a Landscape Service and be determined to be sufficient by the DRO
within 180-calendar days of the effective date of Ordinance No. 2020-016. [Ord. 2020-016]
[Ord. 2021-004]
c) Prior to January 1, 2021, the five sites within the AGR Zoning District shall submit an
application and be determined to be sufficient by the DRO, for a rezoning to the AGR-PUD
Zoning District Preserve Area. These five sites shall then submit an application to allow the
Landscape Service and be determined to be sufficient by the DRO within 60 days of the
effective date of the rezoning to the AGR-PUD Zoning District Preserve Area. [Ord. 2020-
016] [Ord. 2021-004]
d) A minimum of 70 percent of the lot area shall be a Wholesale Nursery, and may also include
limited areas for Open Space. [Ord. 2020-016]
e) A maximum of 30 percent of the lot area or one and one-half acres, whichever is less, shall
include Typical On-Site Activities, Common Operation Areas, and any buildings not
associated with the propagation, cultivation, growing, storage, and staging of plants. [Ord.
2020-016]
f) Driveways shall be allocated to either the Wholesale Nursery or Typical On-Site Activities
and Common Operation Areas based on their proximity to each respective area, subject to
approval by the DRO. [Ord. 2020-016]
5) Location – Access
Minimum access shall be any Legal Access, as defined by Art. 1.H.2, Definitions, that exists at
the time of application for use approval. If the existing access is not legal, then minimum access
shall be in accordance with Art. 11.E.2.A.2. Minimum Legal Access Requirement, unless a
Variance is approved pursuant to Art. 2.B.7.E, Type 2 Variance. [Ord. 2020-016]
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Article 4 – Use Regulations
Page 53
i. Collocated Use
Shall be allowed only in conjunction with a Retail or Wholesale Nursery, and both uses shall be
operated under the same ownership, subject to the following: [Ord. 2019-039]
1) AGR, AP, CN, CRE, and PO Zoning Districts
a) Approval Process – Full DRO
(1) A minimum of 50 percent of the lot area shall be Retail or Wholesale Nursery; [Ord.
2019-039]
(2) A maximum of 30 percent of the lot area or one and one-half acres, whichever is less,
shall be Landscape Service (On-Site Activities); and, [Ord. 2019-039]
(3) The areas designated for Common Operations Area shall be a maximum of 20 percent
of the lot area. [Ord. 2019-039]
b) Approval Process – Class A Conditional Use, except the AGR Zoning District
(1) A minimum of 50 percent of the lot area shall be Retail or Wholesale Nursery; [Ord.
2019-039]
(2) A maximum of 45 percent of the lot area or two acres, whichever is less, shall be
Landscape Service (On-Site Activities); and, [Ord. 2019-039]
(3) The areas designated for Common Operations Area shall be a maximum of 20 percent
of the lot area. [Ord. 2019-039]
2) CC or CG Zoning Districts
a) Approval Process – Full DRO
(1) A minimum of 50 percent of the lot area shall be Retail and/or Wholesale Nursery;
[Ord. 2019-039]
(2) A maximum of 30 percent of the lot area or one and one-half acres, whichever is less,
shall be Landscape Service (On-Site Activities); and, [Ord. 2019-039]
(3) The area designated for Common Operations Area shall be a maximum of 20 percent
of the lot area. [Ord. 2019-039]
3) IL, IG, and IND/L, COM, or IND/G Pods of a PIPD Zoning District
A Landscape Service use may be Permitted by Right when collocated with Wholesale or Retail
Nursery. [Ord. 2019-039]
4) AR/RSA Zoning District
a) Shall be on a minimum of three acres. [Ord. 2019-039] [Ord. 2020-007]
b) The area(s) designated for Landscape Service (On-Site Activities) shall be a maximum of
30 percent of the Growing Area or one acre, whichever is less. [Ord. 2019-039]
c) Approval Process
A Landscape Service shall be subject to a Class A Conditional Use approval process,
unless stated otherwise below: [Ord. 2019-039]
(1) Exception
A Landscape Service may be subject to the Full DRO process if the Applicant submits
an application and is determined to be sufficient by the DRO within 195-calendar days
of the effective date of Ordinance No. 2019-039 (June 17, 2020), and provides
sufficient evidence that the Landscape Service existed on the subject property prior to
June 2, 2020. [Ord. 2019-039] [Ord. 2020-007]
5) AR/USA, RE, RT, RM, RS, UC, UI, CH-MUPD, NC-TND, and TMD within the U/S, Rural, or
Exurban Tiers
a) Shall be on a minimum of three acres; and [Ord. 2019-039] [Ord. 2021-023]
b) Approval Process – Class A Conditional Use
(1) The area(s) designated for Landscape Service (On-Site Activities) shall be a maximum
of 30 percent of the Growing Area or one acre, whichever is less. [Ord. 2019-039]
6) Location – Access
a) AR/RSA and AR/USA Zoning Districts
Minimum access shall be in accordance with Art. 11.E.2.A.2, Minimum Legal Access
Requirement, unless a Type 2 Waiver is granted pursuant to Art. 2.B.7.D, Type 2 Waiver.
[Ord. 2020-007]
b) AGR Zoning Districts
Minimum access shall be any Legal Access, as defined by Art. 1.H.2, Definitions, that
exists at the time of application for Landscape Service use approval. If the existing access
is not legal, then minimum access shall be in accordance with Art. 11.E.2.A.2, Minimum
Legal Access Requirement, unless a Type 2 Variance is granted pursuant to Art. 2.B.7.E,
Type 2 Variance. [Ord. 2020-007]
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Article 4 – Use Regulations
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c) Other Zoning Districts
Minimum access in the RE, RT, RM, RS, UC, UI, CH-MUPD, NC-TND, and TMD within the
U/S, Rural, or Exurban Tier Zoning Districts shall be in accordance with Art 11.E.2.A.2,
Minimum Legal Access Requirement, unless a Subdivision Variance is granted pursuant
to Art. 2.B.7.E, Type 2 Variance. [Ord. 2020-007] [Ord. 2021-023]
j. Hours of Operation
Landscape Service shall be prohibited to operate on Sundays within the Agricultural Residential
(AR) Zoning District. [Ord. 2019-039]
k. Landscape Buffer
A Compatibility Buffer shall not be required if the use is adjacent to a property with an existing
agriculture use pursuant to Art. 4.B.6, Agricultural Uses. [Ord. 2018-018] [Ord. 2019-039]
1) AGR and AP Zoning Districts
R-O-W and Incompatibility Buffers shall be required in accordance with the requirements for
the Wholesale or Retail Nursery. [Ord. 2019-039]
l. Yard Waste Storage
Landscape Service with storage of yard waste shall front on a Collector or Arterial Street, and shall
comply with the following requirements:
1) Setbacks
Loading and service areas shall be located a minimum of 50 feet from all property lines and
100 feet from adjacent property with residential use or FLU designation.
2) Standards
a) Only one yard waste storage area shall be permitted on site;
b) Shall not exceed 30 by 40 feet;
c) Yard waste shall be screened on three sides by a wall with a maximum height of 12 feet.
The open end of the wall shall not face any property with residential use or FLU
designation;
d) Yard waste piles shall not exceed the height of the wall;
e) Surface of the storage area shall be paved with concrete and have positive drainage; and,
f) Yard waste that is not generated by the Landscape Service shall be prohibited on site.
m. Home-based Business
A limited Landscape Service, not including yard waste or landscape installation services, may be
allowed as a Home-based Business subject to the requirements of Art. 4.B.1.E.11, Home-based
Business. [Ord. 2018-018]
1) Exception – AR/RSA Zoning District
A limited Landscape Service on a lot three acres or more may be allowed as follows: [Ord.
2018-018]
a) Subject to DRO approval through the ZAR process prior to issuance of a Business Tax
Receipt. [Ord. 2018-018]
b) A maximum of three persons living outside of the home may be employed under the DRO
approval. [Ord. 2018-018]
c) Outdoor Storage shall be limited to equipment such as lawnmowers, hedgers, weed eaters,
and a small trailer. Storage shall not include heavy equipment such as bobcats, loaders,
dump trucks, or heavy equipment trailers. [Ord. 2018-018]
d) Storage areas shall be screened from view from any R-O-W or parcel of land with a
residential FLU designation or use through the use of opaque fences, walls, or existing or
newly planted native vegetation. [Ord. 2018-018]
e) Parking spaces shall be provided for every employee in addition to the spaces required for
a Single Family. All vehicle parking or storage areas shall utilize improved surfaces such
as asphalt, pavement, or shell rock. [Ord. 2018-018]
2) Home-based Business having Landscape Service shall be exempt from the Incompatibility
Buffer requirements. [Ord. 2018-018]
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Article 4 – Use Regulations
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21. Laundry Service
a. Definition
An establishment that provides washing, drying, dry cleaning, or ironing services or machines to
be used by customers on the premises, or that is engaged in providing cleaning services.
b. Typical Uses
A Laundry Service may include but is not limited to coin laundry establishments, laundromats,
neighborhood cleaners and dry cleaners, and industrial cleaning facilities serving commercial
cleaners or the hospitality industry.
c. Approval Process
1) In all commercial zoning districts including Commercial Pod of PIPD and PUD, where the use
is allowed, the use may be:
a) Permitted by Right if less than 3,000 square feet of GFA.
b) Allowed subject to DRO approval if less than 5,000 square feet of GFA.
2) Industrial Districts, Except with CMR FLU Designation and Commercial Pod of a PIPD
May be allowed subject to DRO approval if less than 15,000 square feet of GFA. [Ord. 2023-
011]
d. Zoning District – CN
The use shall not exceed 3,000 square feet of GFA.
e. Zoning Districts – Industrial Except with CMR FLU Designation and Commercial Pod of a
PIPD
1) The use shall be limited to facilities serving the hospitality industry and commercial cleaner
centers; and [Ord. 2023-011]
2) Shall not include customer drop-off or pick-up on site, or utilize customer-operated machinery.
f. Business Vehicles
Shall not be parked or stored in required parking spaces.
g. Environmental Approval
Prior to issuance of a Building Permit, a Laundry Service Permitted by Right shall provide
documentation demonstrating that the use is approved by ERM.
22. Marina
a. Definition
A commercial establishment related to boating, located on a navigable waterway.
b. Typical Uses or Activities
A Marina may include, but is not limited to servicing, fueling, pumping out, chartering, launching,
dry storage of boats and boating equipment, dockage, yacht clubs, charter boat operations, and
boatels.
c. Setbacks
Dry storage of boats and other Marina-related uses may be set back zero feet from the water's
edge.
d. Boatel Units
A boat used as a hotel or motel unit. The total number of units shall be prorated on the basis of one
unit per 1,000 square feet of dry land.
e. Boat Facility Siting Plan
Any Marina with five or more slips shall comply with the Boat Facility Siting Plan of the Palm Beach
County Manatee Protection Plan.
23. Medical or Dental Office
a. Definition
An establishment where patients, who are not lodged overnight, are admitted for examination,
elective surgical care, immediate but not emergent care, or treatment by persons practicing any
form of healing or health-building services whether such persons be medical doctors, chiropractors,
osteopaths, podiatrists, naturopaths, optometrists, dentists, or any such profession, the practice of
which is lawful in the State of Florida.
b. Typical Uses
A Medical or Dental Office may include, but is not limited to, an Ambulatory Surgical Center or
Urgent Care Center.
c. INST FLU Designation
A Medical or Dental Office may be allowed subject to DRO approval, within the boundaries of the
following five Site Specific FLUA amendments:
1) SCA 2005-027, Linton/Jog Institutional, Ordinance No. 2006-005;
2) SCA 2008-015, Jog/Joe Delong Institutional, Ordinance No. 2008-005;
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Article 4 – Use Regulations
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3) SCA 2009-002, Atlantic/Sims Medical Office, Ordinance No. 2009-008;
4) LGA 2010-014, Suess Institutional (Southern & Seminole Pratt and Whitney), Ordinance No.
2010-031; and,
5) LGA 2012-002, AGR Boynton Beach Institutional, Ordinance No. 2012-017.
d. Zoning Districts – CN, CLO, and CHO
Permitted by Right when not exceeding 3,000 square feet of GFA. [Ord. 2018-018] [Ord. 2023-011]
24. Office, Business or Professional
a. Definition
An establishment providing executive, management, administrative, or professional services.
b. Typical Uses
A Business or Professional Office may include but is not limited to property and financial
management firms; employment, travel, advertising, or real estate agencies; payday lending
offices, check cashing services, and currency exchange agencies; contract post offices;
professional or consulting services; and, business offices of private companies, utility companies,
public agencies, and trade associations.
c. Approval Process
The use may be Permitted by Right if limited to the following:
1) A maximum of 10,000 square feet of GFA per parcel in the CN Zoning District.
2) A maximum of 15,000 square feet of GFA per parcel in the CLO Zoning District.
3) A maximum of 20,000 square feet of GFA per parcel in the CC Zoning District.
d. Employment Agencies
Business or Professional Offices that include employment agencies for temporary day or manual
labor service for the construction, maintenance, agricultural, or industrial trades, shall be subject to
the additional standards:
1) Westgate Overlay
Shall be prohibited within the boundaries of the WCRAO, as per Table 3.B.14.E, WCRAO Sub-
area Use Regulations.
2) Outdoor Activities
Outdoor loitering, waiting, or seating shall be prohibited on site. Outdoor seating areas may be
allowed provided the site includes one or more architectural focal points such as fountains,
architectural shaded structures, or gazebos.
e. Accessory Office
Business or Professional Office Supplementary Use Standards shall not apply to:
1) A temporary office in temporary structures associated with the construction of a building or real
estate sales; or
2) Areas of a building dedicated to the administrative operation of a use listed in the Use Matrices.
25. Parking, Commercial
a. Definition
An establishment used for temporary parking or storage for motor vehicles as a principal use, for a
fee.
b. Proximity to Residential
Commercial Parking shall not be located within 200 feet of a parcel of land with a residential FLU
designation or use, except as follows:
1) The perimeter landscape buffer along the applicable lot line complies with the minimum
standards for a Type 3 Incompatibility Buffer; and
2) Building openings used by vehicles and unglazed architectural openings shall not face a parcel
of land with a residential FLU designation or use.
c. Access
Access from Local Residential or Residential Access Streets shall be prohibited. [Ord. 2021-006]
26. Pawnshop
a. Definition
An establishment at which a pawnbroker, as defined in F.S. § 539.001(2)(i), does business.
b. Separation Distance
Shall be located a minimum of 2,000 feet from another Pawnshop.
c. Setbacks
Shall be set back a minimum of 150 feet from any parcel of land with a residential FLU designation
or use.
d. Hours of Operation
Shall not be open to the public prior to 7:00 a.m. or later than 10:00 p.m. daily.
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Article 4 – Use Regulations
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27. Personal Services
a. Definition
An establishment engaged in the provision of recurrent services of a personal nature, or, the
provision of informational, instructional, personal improvement, or similar professional services.
b. Typical Uses
Personal Services may include but are not limited to art, music, and driving schools, beauty salon,
barbershops, licensed therapeutic massage studios, photography studios, spas, saunas, tattoo
parlors, diet and weight reducing centers, pet grooming, and tanning salons.
c. Approval Process – CN District
The use may be Permitted by Right in the CN Zoning District, when limited to 3,000 square feet of
GFA.
d. Accessory Use
Personal Services may be Permitted by Right as accessory to Business or Professional Office; or
Medical or Dental Office in CLO and CHO Zoning Districts and PDDs with CL-O and CH-O FLU
designation.
e. Sale or Dispensing of Controlled Substances
The limited accessory retail sale of products does not include the sale or dispensing of controlled
substances, unless in compliance with the requirements for Medical or Dental Office, or General
Retail Sales.
28. Repair and Maintenance, Heavy
a. Definition
An establishment engaged in the repair and maintenance of automobiles, recreational vehicles,
boats, motorcycles, or personal watercraft; or the repair and maintenance of heavy equipment or
machinery, commercial vehicles or trailers, marine vessels, or similar; or media blasting, paint
stripping, and paint or body work.
b. Typical Uses
Heavy Repair and Maintenance may include but is not limited to:
1) Machine shops, welding services, engine and transmission shops, and radiator shops;
2) Paint or body shops, collision damage repairs and frame straightening, fiberglass repair, media
blasting or paint stripping, powder coating, and steam cleaning;
3) Garages for general engine type repair including rebuilding, repairing or removing engines,
transmissions, starters, alternators, radiators, air conditioners, compressors, brake systems,
hydraulics, fuel systems, cooling systems, exhaust, electrical or electronic systems, propulsion
systems, drive train, and steering systems; or,
4) Any Light Repair and Maintenance Use, which involves any of the above or requires outdoor
storage or activities.
c. Overlays – Westgate Community Redevelopment Area Overlay (WCRAO)
Heavy Repair and Maintenance uses are prohibited in the NR, NRM, NG, and NC Sub-areas, as
outlined in Table 3.B.14.E, WCRAO Sub-area Use Regulations.
d. Setbacks
No repair or maintenance building, structure, or activity shall be allowed within 100 feet of a parcel
of land with a residential FLU designation or use.
e. Nuisances
1) Enclosed Repair Activities
All repair and maintenance activities shall be conducted within an enclosed structure, except
in the IL and IG districts with an IND FLU designation, and PDDs with an IND FLU designation,
where in compliance with Art. 5.B.1.A.3, Outdoor Storage and Activities. [Ord. 2023-011]
2) Vehicle or Equipment Testing on Residential Streets
Testing of vehicles or equipment shall be prohibited on Residential Streets.
f. Outdoor Parking or Storage
1) The outdoor storage of disassembled vehicles, equipment, or parts shall be prohibited, except
in the IL and IG districts with an IND FLU designation, and PDDs with an IND FLU designation.
[Ord. 2023-011]
2) All vehicles or equipment shall be parked in designated storage areas, except for the following:
a) Automobiles dropped off by customers may be temporarily parked in designated parking
spaces, not to exceed a maximum of one 24-hour period; and
b) Automobiles placed for customer pick-up may be temporarily parked in designated parking
spaces, not to exceed a maximum of one 24-hour period.
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Article 4 – Use Regulations
Page 58
29. Repair and Maintenance, Light
a. Definition
An indoor establishment engaged in the minor repair or maintenance of automobiles, light duty
commercial vehicles rated one ton capacity or less, boats, motorcycles, personal watercraft, golf
carts, mopeds, lawn mowers, major household appliances, or household furniture.
b. Typical Uses
Light Repair and Maintenance establishments may include but are not limited to tune-up stations,
glass shops, quick-lube stations, muffler shops, upholstery shops, tire installation and service,
alignment shops, replacement of brake linings, and lawn mower repair and maintenance.
c. Overlay – Westgate Community Redevelopment Area Overlay (WCRAO)
Light Repair Maintenance uses are prohibited in the NR, NRM, NG, and NC Sub-areas, as outlined
in Table 3.B.14.E, WCRAO Sub-area Use Regulations.
d. Zoning Districts – CN and CC District and Commercial Pod of PUD
Shall be limited to a maximum of 5,000 square feet of GFA.
e. Accessory Use
Light Repair and Maintenance may be Permitted by Right as an accessory use to Heavy Repair
and Maintenance.
f. Setbacks
No repair or maintenance building, structure, or activity shall be allowed within 100 feet of any
parcel of land with a residential FLU designation or use.
g. Nuisances
1) Enclosed Repair Activities
All repair and maintenance activities shall be conducted within an enclosed structure.
2) Vehicle or Equipment Testing on Residential Streets
Testing of vehicles, equipment, or other similar shall be prohibited on Residential Streets.
h. Outdoor Parking or Storage
1) The outdoor storage of disassembled vehicles, equipment, or parts shall be prohibited.
2) All vehicles or equipment shall be stored in designated storage areas, except for the following:
a) Automobiles dropped off by customers may be temporarily parked in designated parking
spaces, not to exceed a maximum of one 24-hour period; and
b) Automobiles placed for customer pick-up may be temporarily parked in designated parking
spaces, not to exceed a maximum of one 24-hour period.
30. Repair Services, Limited
a. Definition
An establishment engaged in the minor repair of personal apparel or household appliances, and
similar items.
b. Typical Uses
Limited Repair Services may include but are not limited to apparel repair and alterations, small
appliance repair (excluding major appliances such as washers and dryers, refrigerators, stoves,
and dishwashers), bicycle repair, clock and watch repair, and shoe repair shops.
c. Zoning Districts – CN District, Commercial Pod of PUD, and TND Neighborhood Center
Shall be limited to a maximum of 3,000 square feet of GFA.
d. Enclosed Repair Activities
All repair activities shall be conducted within an enclosed structure.
e. Storage
Outdoor storage shall be prohibited.
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Article 4 – Use Regulations
Page 59
31. Restaurant, Type 1
a. Definition
An establishment equipped to sell food and beverages in one of the following methods: drive-
through sales to patrons in automobiles for take-out who place orders through a window or remote
transmission device; or sales to patrons for take-out or dining in, that includes three or more of the
following: food or beverage choices are advertised on a menu board; countertop sales where
payment is made prior to consumption; disposable containers and utensils; limited-service dining
facilities with no hostess or waiters; and, self-service or prepackaged condiments.
b. Approval Process
1) DRO Approval
A Type 1 Restaurant without a drive-through where the use is allowed provided the GFA
including outdoor dining areas does not exceed 5,000 square feet.
2) Permitted by Right
A Type 1 Restaurant without a drive-through or located in an outparcel, may be Permitted by
Right in any PDD or TDD with a commercial or institutional FLU designation, or pod; the
Commercial or Recreation Pod of a PUD, MHPD, or RVPD; and, all commercial zoning districts,
provided the GFA including outdoor dining areas does not exceed 1,500 square feet.
c. Tier Specific – Exurban and Rural
A Type 1 Restaurant shall comply with the following:
1) Shall not be the sole use on the property;
2) Shall be located in an MUPD or TDD;
3) Shall not have direct ingress/egress to an adjacent Arterial or Collector Street. Ingress/egress
shall be from the interior of the overall vehicular circulation system for the development or
interior streets, whichever is applicable; and,
4) Shall comply with the design requirements outlined under Art. 4.B.2.C.31.f.3), Location Criteria,
Exceptions.
d. Zoning District – TMD
A Type 1 Restaurant shall be limited to: [Ord. 2017-025]
1) 5,000 square feet of indoor dining area, for a maximum of 6,500 square feet of GFA.
2) Located in an outparcel or freestanding building; or
3) A drive-through, unless it is located in the rear of a building, with access from an alley or the
interior of a parking area, and is covered by a canopy or the second story of a building.
e. Accessory Alcohol Sales
A Type 1 Restaurant may include the on-premises sale, service, and consumption of alcoholic
beverages as an accessory use.
f. Location Criteria
A Type 1 Restaurant with a drive-through shall be subject to the following:
1) Intersection Criteria
A maximum of two Type 1 Restaurants shall be permitted at an intersection in accordance with
Art. 5.E.2.B, Intersection Criteria.
2) Separation Criteria
A Type 1 Restaurant shall be separated from any other Type 1 Restaurant in accordance with
Art. 5.E.2.C.2, Separation Criteria.
3) Exceptions
a) Design Criteria
A Type 1 Restaurant may be exempt from the location criteria if the site is designed to:
address the additional trips associated with a drive-through restaurant; as well as enhance
pedestrian circulation, safety and accessibility while limiting vehicular circulation using
exemplary site design, and architectural treatment that incorporates the following:
(1) Drive-through facilities, including queuing and by-pass lanes that run parallel and are
visible from adjacent streets, shall provide additional landscaping to mitigate views of
the vehicular use areas.
(2) If located in a non-residential Planned Development District or a Commercial Pod, all
the required parking spaces shall be located in close proximity to the restaurant that
they serve. Required parking shall not be separated from the restaurant main entrance
by a distance of more than 150 feet. The Applicant may request an increase to this
distance up to a maximum of ten percent of the dimensional requirement through a
Type 1 Waiver.
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Article 4 – Use Regulations
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(3) If located in Standard Zoning Districts and required by the Zoning Director, cross-
access shall be provided to all abutting parcels that have commercial FLU designation.
If required, the cross-access easement shall be recorded prior to Final Approval by the
DRO. The Zoning Director may elect not to require the cross-access easement based
on review of the existing or approved use for the abutting property.
(4) Consideration shall be given to site design that promotes a safe pedestrian
environment and addresses vehicular circulation and maneuvering. A restaurant
located on a single parcel with a Standard Zoning District is allowed continuous
vehicular circulation:
(a) on all four sides of the building if the site is limited to only one access point to the
subject property; or
(b) on all three sides of the building if site is limited to two access points to the subject
property.
(5) Landscape Plans and Architectural Elevations shall be required as part of any
application for a Conditional Use, or any DOA affecting the items listed herein.
b) MUPD
A Type 1 Restaurant located within an MUPD may be exempt from the location criteria of
Art. 4.B.2.C.31.f.1), Intersection Criteria, and Art. 4.B.2.C.31.f.2), Separation Criteria,
where in compliance with the following:
(1) Required perimeter landscape buffers, where located between all Type 1 Restaurant
areas, including ingress/egress, and any R-O-W or parcel of land with a residential
FLU designation or use, unless obstructed from view by other existing structures; and
(2) Direct access from any perimeter R-O-W abutting the MUPD shall be prohibited. All
access shall be from entrances established for the overall MUPD, and comply with
minimum standards for ingress/egress, stacking, turn lanes, and pedestrian
connectivity.
g. Major Intersection Criteria for CL FLU
A Type 1 Restaurant with a CL FLU designation shall comply with Art. 5.E.1, Major Intersection
Criteria, unless the restaurant meets the requirements of one or more of the following: Art.
4.B.2.C.31.b.1), DRO Approval, Art. 4.B.2.C.31.b.2), Permitted by Right, is located within a TMD,
or complies with the design requirements outlined under Art. 4.B.2.C.31.f.3), Exceptions.
h. Outdoor Dining
Shall comply with the principal structure setbacks.
1) Dog Friendly Dining
Pursuant to F.S. § 509.233, as amended, a Type 1 Restaurant may allow patrons with dogs
within designated outdoor dining areas. Before allowing patrons’ dogs on their premises, a
participating restaurant shall apply for and receive a Dog Friendly Dining Special Permit from
the Zoning Division in accordance with the permit application requirements described in F.S. §
509.233. A restaurant shall be subject to the minimum regulations and limitations described in
F.S. § 509.233. [Ord. 2021-027] [Ord. 2022-001]
a) A participating restaurant shall post all signs required by F.S. § 509.233, in size 12 font or
greater, in a location that is legible from the entrance of the designated outdoor Dog
Friendly Dining area. [Ord. 2021-027]
b) A participating restaurant shall ensure that the Dog Friendly Dining Special Permit is
available for inspection during hours of operation. [Ord. 2021-027] [Ord. 2022-001]
c) A Dog Friendly Dining Special Permit is not transferable to a subsequent owner upon the
sale of a restaurant, and shall expire automatically upon any such sale. [Ord. 2021-027]
[Ord. 2022-001]
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Article 4 – Use Regulations
Page 61
32. Restaurant, Type 2
a. Definition
An establishment with no drive-through, equipped to sell food and beverages, served and
consumed primarily on the premises, that includes three or more of the following: host or hostess
assists patrons upon entry; food and beverage choices are offered from a printed menu provided
by wait staff at a table; orders are taken at the table; food is served on dishes and metal utensils
are provided; and, payment is made after meal consumption.
b. Approval Process – DRO Approval
1) TND NCs
A Type 2 Restaurant less than 3,000 square feet of GFA per establishment including outdoor
dining areas, may be approved by the DRO, provided the total of all Type 2 Restaurants do not
exceed 30 percent of the GFA of the development. [Ord. 2023-011]
2) CHO District; and PDDs with a CH-O FLU
If contained in an office, or Hotel or Motel structure that does not exceed 30 percent of the GFA
of the structure, or 5,000 square feet, whichever is less, may be approved by the DRO.
3) CRE District; PDDs with a CL or CR FLU; PUD Commercial Pods and PIPD Commercial
Pod
A Type 2 Restaurant less than 5,000 square feet of GFA per establishment, including outdoor
dining areas, may be approved by the DRO.
c. Brewery-Distillery
A Restaurant may include a Manufacturing and Processing Brewery-Distillery use on up to 50
percent of the gross floor area, including outdoor seating, for that establishment. [Ord. 2023-011]
d. Accessory Alcohol Sales
A Type 2 Restaurant may include the on-premises accessory sale, service, and consumption of
alcoholic beverages. [Ord. 2023-011]
e. Accessory Take-Out Service
Accessory take-out service shall be allowed provided there are no vehicle take-out windows that
include exterior menu boards, queuing lanes, or order services. [Ord. 2023-011]
f. Outdoor Dining
Shall comply with the principal structure setbacks.
1) Dog Friendly Dining
Pursuant to F.S. § 509.233, as amended, a Type 2 Restaurant may allow patrons with dogs
within designated outdoor dining areas. Before allowing patrons’ dogs on their premises, a
participating restaurant shall apply for and receive a Dog Friendly Dining Special Permit from
the Zoning Division in accordance with the permit application requirements described in F.S. §
509.233. A restaurant shall be subject to the minimum regulations and limitations described in
F.S. § 509.233. [Ord. 2021-027] [Ord. 2022-001]
a) A participating restaurant shall post all signs required by F.S. § 509.233, in size 12 font or
greater, in a location that is legible from the entrance of the designated outdoor Dog
Friendly Dining area. [Ord. 2021-027]
b) A participating restaurant shall ensure that the Dog Friendly Dining Special Permit is
available for inspection during hours of operation. [Ord. 2021-027] [Ord. 2022-001]
c) A Dog Friendly Dining Special Permit is not transferable to a subsequent owner upon the
sale of a restaurant, and shall expire automatically upon any such sale. [Ord. 2021-027]
[Ord. 2022-001]
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Article 4 – Use Regulations
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33. Retail Sales
a. Definition
An establishment providing general retail sales or rental of goods, but excluding those uses
specifically classified as another Use Type.
b. Typical Uses
Retail Sales may include but are not limited to clothing stores, bookstores, business machine sales,
food and grocery stores, window tinting, marine supply sales (excluding boat sales), auto
accessories and parts, building supplies and home improvement products, monument sales,
printing and copying, pharmacies, and medical marijuana dispensing facilities. Uses shall also
include the sale of bulky goods such as household goods, lawn mowers, and mopeds. [Ord. 2017-
028]
c. Zoning Districts
1) TND District
In a Neighborhood Center, Retail Sales shall not exceed 5,000 square feet of GFA per
establishment.
a) A maximum of 40,000 square feet of GFA for a food store or 20,000 square feet of GFA
for a food store when the TND is developed as part of a TTD.
b) In a Multifamily building with more than 50 units, a “corner store” may be allowed, provided
it does not exceed 1,000 square feet of GFA and is integrated into the building and at a
corner location.
2) TMD District
a) In a TMD, a single establishment shall not exceed the following:
(1) 100,000 square feet of GFA in the U/S Tier;
(2) 50,000 square feet of GFA in the Exurban and Rural Tiers; and,
(3) 65,000 square feet of GFA in the AGR.
b) A drive-through facility for a drug store is allowed subject to the following:
(1) If located in the rear of a building;
(2) Access shall be from an alley, an interior parking area, or a street not designated as a
Main Street; and,
(3) The drive-through facility shall be covered by a canopy or the second story of a
building.
3) CN District
Shall be limited to a maximum of 3,000 square feet of GFA per establishment.
d. Outdoor Display Areas – Monument Sales
An outdoor display area for the retail sale of monuments, gravestones, markers, or headstones for
placement on graves shall be exempt from the provisions in Art. 5.B.1.A.3, Outdoor Storage and
Activities when located in a designated display area on the Final Site Plan.
e. Fireworks
The retail sale or storage of fireworks as a principal use in any commercial district is prohibited.
[Ord. 2018-002]
1) Exception
Temporary sale of sparklers, subject to a DRO approval through the ZAR process.
f. Sale or Dispensing of Controlled Substances – Pharmacy
A pharmacy shall be subject to the following:
1) No more than 15 percent of the total number of prescriptions filled within a 30-day period can
be derived from the sale of controlled substances that are identified in Schedule II in
accordance with F.S. § 893.03, and as further amended by F.S. § 893.035, F.S. § 893.0355,
or F.S. § 893.0356, as determined by audits or information provided through the Florida
Department of Health or any other government agency having the legal right to view such
records.
g. Collocated Use
A Retail Sales use may be Permitted by Right in the IL, IG, PO, or IPF Zoning District or MUPD
with an INST FLU designation when collocated with an Animal Shelter. [Ord. 2018-018]
h. Unmanned Retail Structure
An unmanned structure which stores or dispenses items for sale, rent, or customer pick-up.
1) Definition and Typical Uses
a) Freestanding
Includes Unmanned Retail Structures that are not attached to a building and located farther
than 15 feet from the nearest principal structure.
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b) In-Line
Includes Unmanned Retail Structures that are adjacent to, attached to, or located within 15
feet of a principal structure, and not separated by vehicular access drives.
2) Accessory Use – Industrial Zoning Districts
May be allowed as an accessory use to Data and Information Processing, Research and
Development, Government Services, or Wholesaling.
3) Size
Shall not exceed 150 square feet, excluding canopies provided for decorative aesthetics or
protection from weather.
4) Number
Shall not exceed one per development.
5) Design Standards
Shall not encroach any required site design elements, including but not limited to: drive aisles,
easements, landscaping, parking spaces, and ADA paths.
a) Freestanding
(1) Shall achieve architectural compatibility with the other structures in the development,
including texture, paint, and similar building materials.
(2) Shall be limited to one story, not to exceed 15 feet in height.
b) In-Line
(1) Shall not exceed eight feet in height, or nine feet if including a weather protection
canopy.
(2) Shall not obstruct more than 20 percent of the windows.
6) Signage
a) Freestanding
Wall signs may be allowed for buildings that meet the requirements for Art. 5.C.1.H.1.a,
Guidelines for Non-Residential Design Elements.
b) In-Line
Shall be limited to a maximum of 20 percent of each side's façade of the structure, or a
maximum of four square feet, per side, whichever is less.
i. Medical Marijuana Dispensing Facility
1) Definition
A facility, operated by a Medical Marijuana Treatment Center (MMTC) in accordance with the
Florida Department of Health as a medical marijuana dispensing facility that dispenses medical
marijuana to qualified patients or caregivers. A medical marijuana dispensing facility does not
prepare, transfer, cultivate, or process any form of marijuana or marijuana product. [Ord. 2017-
028]
2) Location
Medical marijuana dispensing facility shall not be located within 500 feet of an existing
Elementary or Secondary School, unless approved as a Type 2 Waiver. [Ord. 2017-028]
34. Rooming and Boarding House
a. Definition
A Single Family dwelling with lodging for a maximum of up to five persons, where meals may or
may not be regularly prepared and served, and facilities such as kitchen and bathrooms may be
shared with other residents.
b. Zoning District
A Rooming and Boarding House shall only be allowed in the RM Zoning District with an HR FLU
designation.
c. Dwelling Modifications
Only exterior alterations necessary to assure safety of the structure or enhance the compatibility
with the surrounding neighborhood. A Single Family dwelling may require structural or other
modifications to ensure compliance with the applicable Building Code and Fire Rescue regulations.
35. Self-Service Storage
a. Definition
A facility consisting of individual, self-contained units that are leased for the storage of business,
household, or other personal goods.
1) Types Permitted
Self-Service Storage facilities may include but are not limited to Limited or Multi Access storage
units, with or without Outdoor Storage areas, limited to the storage of personal or household
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goods, automobiles, recreational vehicles, boats, or personal watercraft, only, subject to the
following:
a) Limited Access
Limited Access is a Self-Service Storage facility with limited access points from the exterior
of the building to interior halls that serve individual storage units.
b) Multi-Access
Multi-Access is a one-story Self-Service Storage facility with multi-access points from the
exterior of the building to individual storage units.
b. Overlay – Westgate Community Redevelopment Area Overlay (WCRAO)
Self-Service Storage is prohibited in the NR, NRM, NG, and NC Sub-areas, as outlined in Table
3.B.14.E, WCRAO Sub-area Use Regulations.
c. Zoning Districts – Commercial Pod of PUD or Neighborhood Center of TND
Self-Service Storage in Commercial Pods of a PUD or Neighborhood Center of a TND, shall be
limited as follows:
1) Maximum of 50 percent of the overall GFA; and
2) Multi-Access shall be prohibited; and
3) Outdoor Storage shall be limited to a maximum of 30 percent of overall Self-Service Storage
building square footage.
d. Accessory Uses – Industrial Districts
Where permitted in industrial districts, a Self-Service Storage use may include accessory retail use,
limited to the rental and sale of retail items used for moving and storage, such as hand trucks,
cartons, tape, and packing materials.
e. Architecture
1) Storage Access or Storage Unit Door Screening
Access points and storage unit doors shall be screened from all public streets, residential uses,
or vacant parcels with a residential FLU designation, through the use of buildings, walls,
opaque vehicular gates which primarily remain closed, or other similar barriers. [Ord. 2018-
002]
2) Fenestration
The use of fenestration that allows visibility of storage unit doors or is designed in conjunction
with interior signage, logos, lighting, or paint schemes intended to expand permitted exterior
signage shall be prohibited. [Ord. 2018-002]
f. Landscaping – Incompatibility Buffer Screening Requirements
Where an Incompatibility Buffer is required, the minimum six-foot screening requirement may be
waived, subject to the following:
1) Façades
The exterior façades of storage structures present an unbroken, wall-like appearance when
seen from adjacent lots and streets.
2) Wall
Separate storage structures are connected by a solid opaque wall to give the appearance of
structural continuity. This option may be permitted where Fire Rescue may require access for
emergency purposes upon demonstration that any required gates are designed and
constructed to provide the same visual barrier as the required wall.
3) Access Aisles
No aisleways or other vehicle access ways are located in the area between the building and
the adjacent property line.
g. Storage
1) Hazardous Materials Prohibited
The storage of flammable, hazardous, or explosive materials, goods, or products shall be
prohibited.
2) Outdoor Storage Standards
Outdoor storage shall be subject to the following:
a) Permitted Vehicles
Shall be limited to the storage of vehicles of the type customarily maintained by households
for personal use such as recreational vehicles or pleasure boats, or a Home Occupation
Vehicle.
b) Location
The storage shall occur only within a designated area.
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Article 4 – Use Regulations
Page 65
c) Storage Area
The storage area shall not exceed 50 percent of the lot area.
d) Screening
The storage area shall be completely screened from view from adjacent properties and
public streets by landscaping, fences, walls, or buildings.
e) Mobility
All vehicles and trailers shall be licensed for use on public streets. Other vehicles, including
recreational vehicles, boats, and personal watercraft, shall be stored on wheeled trailers.
f) Repair Prohibited
Vehicle repair shall be prohibited.
h. Supplemental Circulation Standards for Multi-Access Facilities
1) Interior
The minimum width of aisleways between storage structures shall be 20 feet for one-way traffic,
and 30 feet if two-way traffic.
2) Flow
Traffic flow patterns in aisleways shall be clearly marked. Markings shall consist at a minimum
of standard directional signage and painted lane markings with arrows.
i. Business Uses Prohibited
Businesses shall be prohibited from operating within any Self-Service Storage facility or storage
unit or outdoor storage area, except as follows:
1) Storage of Business Goods
A storage unit shall not be used to store inventory, equipment, or material required on a daily
or recurring basis necessary for a business trade or occupation.
2) Home Occupation Vehicles
A maximum of one business-related vehicle per storage customer a maximum of 8,000 pounds
curb weight may be stored in a Multi-Access storage unit or outdoor storage area.
36. Single Room Occupancy (SRO)
a. Definition
An establishment with lodging for five or more persons housed in individual rooms, where meals
may or may not be regularly prepared and served, and facilities such as kitchen and bathrooms
may be shared with other residents. [Ord. 2020-020]
37. Theater and Performance Venue
a. Definition
An establishment that hosts live performances, viewings, seminars, or exhibitions.
b. Typical Uses
Typical uses may include but are not limited to movie theaters, theaters, conference centers, and
exhibition halls.
c. Approval Process
May be Permitted by Right if it is indoor and less than 15,000 square feet of GFA, and located in
the zoning districts where the use is allowed, unless stated otherwise. [Ord. 2020-020]
d. Building Area – CN Zoning District
Shall be limited to 3,000 square feet of GFA.
38. Vehicle or Equipment Sales and Rental, Heavy
a. Definition
An establishment engaged in the sale, retail or wholesale, rental, or lease of new or used mobile
homes or commercial vehicles, as may be defined by the Florida Department of Motor Vehicles, or
equipment, including but not limited to the following: heavy trucks, truck tractors, road tractors,
straight trucks, special mobile equipment, buses, school buses, farm tractors, farm implements,
heavy equipment including construction and earth moving equipment, trailers, and semi-trailers.
b. Typical Uses
Typical uses include independent dealers, franchise dealers, wholesale dealers, or mobile home
dealers or brokers; or moving truck or trailer rental, construction or farm equipment sales or rental
yards, and large implement sales or rental.
c. Approval Process
1) Moving Truck and Trailer Rental
Moving Truck and Trailer Rental, limited to a maximum of five vehicles per lot, may be permitted
as an accessory use to Retail Gas and Fuel Sales or a Large Scale Commercial Development,
subject to DRO approval.
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Article 4 – Use Regulations
Page 66
2) IL District with IND FLU Designation, MUPD with IND FLU Designation, and Light
Industrial Pod of a PIPD – Rental Equipment
The rental of construction equipment, moving trucks or trailers, farm equipment, and farm
implement and machinery sales and rental uses may be allowed subject to DRO approval.
[Ord. 2023-011]
3) Rural Tier Farm Equipment – MUPD with CL FLU Designation
Heavy Vehicle or Equipment Sales and Rental limited to farm equipment that supports the
residents of the Rural Tier may be allowed in an MUPD with a CL FLU designation, subject to
Class A Conditional Use approval.
d. Overlay – Westgate Community Redevelopment Area (WCRA) Overlay
Heavy Vehicle or Equipment Sales and Rental is prohibited in the NR, NRM, NG, and NC Sub-
areas, as per Table 3.B.14.E, WCRAO Sub-area Use Regulations.
e. Lot Size
1) Commercial Districts
A minimum of three acres.
2) IL District with IND FLU Designation
A minimum of one acre. [Ord. 2023-011]
f. Accessory Uses
1) Accessory Retail Sales
Retail sale of parts may be provided as an accessory use.
2) Accessory to Heavy Repair and Maintenance
Limited Heavy Vehicle Sales and Rental, may be permitted as an accessory use to Heavy
Repair and Maintenance facilities, subject to DRO approval, and the following:
a) Limited to the display or advertising of a maximum of five vehicles per lot.
b) All storage spaces shall be located indoors, or set back a minimum of 100 feet from the
front and side street property lines, or in a location which is screened from view from any
public street by a combination of buildings or walls, or opaque fences or landscaping.
c) Vehicles on display shall be located within 100 feet of a repair bay.
g. Nuisances – Test Drives
Test drives of motor vehicles shall be prohibited on Residential Streets.
h. Storage or Display
Outdoor storage or display of vehicles or equipment shall only be permitted in areas designated for
storage or display on an approved Development Order, subject to the following requirements:
1) General
a) Vehicle Operating Conditions
(1) The storage or display of inoperable vehicles or equipment shall be prohibited, with
exception to designated storage areas permitted under an approved accessory or
collocated use.
(2) No vehicles or equipment shall be stored or displayed on site except those intended
for sale, rental, or lease. An exception shall be permitted for new motor vehicle or
equipment inventory owned by another dealership, provided that such vehicles or
equipment is of the same type approved for the subject site.
b) Loading Spaces
Loading spaces shall be set back a minimum of 100 feet from an existing residential use
or vacant parcel with a residential FLU designation.
c) Required Parking
Parking for vehicle storage, sales, or display may not be counted toward meeting the
number of on-site parking spaces required for customers and employees.
2) Standards for Bull Pen Storage
a) Location or Design
Bull Pen Storage areas shall be located towards the side or rear of the property and
designed in a manner that clearly distinguishes the storage area from vehicle showroom
or Outdoor Display areas, by placement behind buildings, or through use of opaque fences,
walls, or landscape barriers a minimum of six feet high.
b) Outdoor Storage
Bull Pen Storage areas shall comply with the Outdoor Storage area requirements of Art. 5,
Supplementary Standards. This shall not preclude the ability to seek Variance relief.
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Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 67
3) Standards for Display Areas
a) General
No vehicle shall be parked, stored, or displayed with its hood or trunk open. Motor vehicles
on display shall not be elevated in full or in part.
b) Barrier
A barrier shall be provided between display areas, and customer parking, related driveway
access, or drive aisles. This barrier may be in the form of a landscape strip, curbing,
removable bollards, or other suitable barrier approved by the DRO.
c) Design Standards
Display areas shall conform to Art. 6, Parking, Loading, and Circulation, except for space
striping.
4) Standards for Moving Truck and Trailer Rental
Designated storage spaces for each truck or trailer shall be depicted on the approved Site Plan.
All storage spaces shall be set back a minimum of 100 feet from the front and side street
property lines, or in a location which is fully screened from view from any public street by a
combination of walls, fences, or landscaping.
39. Vehicle Sales and Rental, Light
a. Definition
An establishment engaged in the sale, retail or wholesale, rental, or lease of new or used motor
vehicles as may be defined by the Florida Department of Motor Vehicles, or boats, and recreational
vehicles, including but not limited to the following vehicles typically acquired for personal non-
commercial use:
1) Automobiles, sport utility vehicles (SUVs), and light trucks or vans with a curb weight of 8,000
pounds or less; or
2) Boats, personal watercraft, recreational vehicles (RVs), off-highway vehicles (OHVs),
motorcycles, golf carts, or swamp buggies.
b. Typical Uses
Typical uses include independent dealers, franchise dealers, wholesale dealers, or new and used
recreational vehicle dealers, auto and truck rental, and boat or personal watercraft rental and sales.
c. Approval Process
1) Indoor Vehicle Showroom
An indoor Vehicle Sales and Rental facility located in the CG or MUPD districts shall be exempt
from the minimum three-acre lot size requirement, and may be allowed subject to DRO
approval and the following criteria. [Ord. 2021-006]
a) Floor Area
A maximum of 30,000 square feet and 15 display vehicles.
b) Test Drives
Test drives shall not be permitted from the Indoor Vehicle Showroom or on site.
c) Vehicle Operations
Display vehicles shall not operate engines during store hours. Engines shall only be
permitted to operate during the transport of vehicle into or out of the showroom.
d) Parking
Vehicles for sale or lease shall not be parked or displayed outside of the showroom.
e) Stand-Alone Exception
A stand-alone facility may be exempt from the limitations of a) through c) above, provided
that all vehicle display, storage, detailing, or other collocated uses or activities occur
indoors. [Ord. 2021-006]
2) Neighborhood Vehicle Rental Facility
A Neighborhood Vehicle Rental Facility may be allowed in the CN, CC, and CG Zoning
Districts; the Commercial Pod of a PUD; PDDs with a CH or CL FLU designation; or, the
Neighborhood Center (NC) of a TDD, subject to DRO approval and the following: [Ord. 2021-
006]
a) Vehicle Limitations
A maximum of six vehicles stored on site, limited to cars, SUVs, standard pick-up trucks,
and minivans.
b) Minimum Lot Size
The lot size shall comply with the minimum required for the applicable zoning district. Legal
non-conforming Lots of Record shall be able to develop a Neighborhood Vehicle Rental
Facility provided all other minimum site development regulations can be met.
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Article 4 – Use Regulations
Page 68
c) Parking
The rental vehicles shall be parked in specifically designated spaces or located in Bull Pen
Storage.
d) Outdoor Activities
Maintenance, repair, detailing, washing, cleaning, or related activities shall not be
conducted on site.
d. Overlay – Westgate Community Redevelopment Area (WCRA) Overlay
Light Vehicle Sales and Rental is prohibited in the NR, NRM, NG, and NC Sub-areas, as per Table
3.B.14.E, WCRAO Sub-area Use Regulations.
e. Zoning Districts
1) Commercial Pod of PUD and Neighborhood Center of TND
Shall be limited to a Neighborhood Vehicle Rental Facility.
2) TMD
Shall be limited to Indoor Vehicle Showroom. [Ord. 2017-025]
3) Districts with Commercial Low FLU Designation
The sale or rental of OHVs, RVs, boats, or motorcycles shall be subject to the standards for
accessory uses.
4) IL District with IND FLU Designation – Automobile Rental
An Automobile Rental may be allowed in the IL Zoning District where the front or side street
property line is adjacent to a Major Street, subject to a Class A Conditional Use approval. [Ord.
2021-006] [Ord. 2023-011]
f. Lot Size
A minimum of three acres, excluding the following:
1) Indoor Vehicle Showrooms;
2) Motorcycle or OHV sales and rental;
3) Boat or watercraft sales and rental when collocated with a Marina Facility; or,
4) Where otherwise stated within this Subsection.
g. Accessory Uses
1) Marinas
Vehicle Sales and Rental limited to boats and personal watercraft may be permitted as an
accessory use to Marina Facilities in the CRE district or an MUPD with CR FLU designation,
and shall be exempt from the minimum three-acre lot size requirement.
2) Accessory to Heavy Repair and Maintenance
Limited Light Vehicle Sales and Rental, may be permitted as an accessory use to Heavy Repair
and Maintenance facilities, subject to DRO approval, and the following:
a) Limited to the display or advertising of a maximum of five vehicles per lot.
b) All storage spaces shall be located indoors, or set back a minimum of 100 feet from the
front and side street property lines, or in a location which is screened from view from any
public street by a combination of buildings or walls, or opaque fences or landscaping.
c) Vehicles on display shall be located within 100 feet of a repair bay.
h. Nuisances – Test Drives
Test drives of motor vehicles shall be prohibited on Residential Streets.
i. Storage or Display
Outdoor storage or display of vehicles shall only be permitted in areas designated for storage or
display on an approved Development Order, subject to the following requirements:
1) General
a) Vehicle Operating Conditions
(1) The storage or display of inoperable vehicles or equipment shall be prohibited, with
exception to designated storage areas permitted under an approved accessory or
collocated use.
(2) No vehicles or equipment shall be stored or displayed on site except those intended
for sale, rental, or lease. An exception shall be permitted for new motor vehicle or
equipment inventory owned by another dealership, provided that such vehicles or
equipment is of the same type approved for the subject site.
b) Loading Spaces
Loadings spaces shall be set back a minimum of 100 feet from an existing residential use
or vacant parcel with a residential FLU designation.
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Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 69
c) Required Parking
Parking for vehicle storage, sales, or display may not be counted toward meeting the
number of on-site parking spaces required for customers and employees.
2) Standards for Bull Pen Storage
a) Location or Design
Bull Pen Storage areas shall be located towards the side or rear of the property and
designed in a manner that clearly distinguishes the storage area from vehicle showroom
or Outdoor Display areas, by placement behind buildings, or through use of opaque fences,
walls, or landscape barriers a minimum of six feet high.
b) Outdoor Storage
Bull Pen Storage areas shall comply with the Outdoor Storage area requirements of Art. 5,
Supplementary Standards. This shall not preclude the ability to seek Variance relief.
3) Standards for Display Areas
a) General
No vehicle shall be parked, stored, or displayed with its hood or trunk open. Motor vehicles
on display shall not be elevated in full or in part.
b) Barrier
A barrier shall be provided between display areas, and customer parking, related driveway
access, or drive aisles. This barrier may be in the form of a landscape strip, curbing,
removable bollards, or other suitable barrier approved by the DRO.
c) Design Standards
Display areas shall conform to Art. 6, Parking, Loading, and Circulation, except for space
striping.
40. Veterinary Clinic
a. Definition
An establishment engaged in providing medical care, treatment, and temporary boarding for
animals.
b. Approval Process – AGR, AR, CLO Zoning Districts and MUPD with CL, CL-O FLU
Designation
1) A Veterinary Clinic may be Permitted by Right in the AR, CLO Zoning District, and MUPD with
CL or CL-O FLU designation, subject to the following limitations: [Ord. 2019-005]
a) GFA shall not exceed 5,000 square feet; and
b) Shall not include outdoor runs.
2) A Veterinary Clinic may be Permitted by Right in the AGR Zoning District. The GFA shall not
exceed 5,000 square feet. [Ord. 2019-005]
c. Lot Size – AR and AGR Districts
Shall be located on a minimum of five acres.
d. Zoning District
A Veterinary Clinic shall not have outdoor runs and limited to the following:
1) CC and CN Zoning Districts
Shall not occupy more than 3,000 square feet of GFA.
2) MUPD with CL FLU Designation and TDD Districts
Shall not occupy more than 5,000 square feet of GFA. [Ord. 2017-025]
3) Infill Redevelopment Overlay
Boarding facilities shall comply with the standards for a Type 3 Commercial Kennel.
e. Outdoor Runs
A Veterinary Clinic with outdoor runs shall comply with the following standards:
1) Lot Size
A minimum of one acre.
2) Setbacks
Outdoor runs shall not be located within 50 feet of any property line adjacent to a parcel of land
with a residential FLU designation or use; or 25 feet from any property line adjacent to a non-
residential zoning district, use, or FLU.
3) WCRAO
Outdoor runs shall not be located within 25 feet of any property line.
4) Standards
A six-foot-high fence shall be required around the runs. If the fence is not opaque or screened
from view of adjacent properties or R-O-W, a continuous opaque hedge, a minimum of four
feet at installation, shall be provided around the run.
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Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 70
5) Waste Disposal
A Veterinary Clinic shall meet the ECR I and ECR II standards and shall be subject to all
applicable rules and regulations of the FDEP, PBCHD, and SWA.
f. Facility without Outdoor Runs
A Veterinary Clinic without outdoor runs shall be required to make accommodations to ensure
animal waste is properly disposed of within the facility.
g. Collocated Use
1) A Veterinary Clinic may be Permitted by Right in the IG, PO, or IPF Zoning District or MUPD
with an INST FLU designation when collocated with an Animal Shelter. [Ord. 2018-018]
2) Veterinary Clinics operated by a licensed veterinarian for the care of the animals kept in the
shelter facility may also offer veterinary services to the public. [Ord. 2018-018]
41. Vocational Institution
a. Definition
An establishment, that is not an Elementary or Secondary School, offering regularly scheduled
instruction and training in industrial, mechanical, construction, technical, commercial, clerical,
managerial, or artistic skills.
b. Typical Uses
A Vocational Institution may include but is not limited to business, real estate, building, and
construction trades; machinery operation and repair; electronics, computer programming, and
technology; automotive or aircraft mechanics and technology; beauty or art school; or, instruction
leading to a high school diploma.
c. Zoning District – CN and CC
Shall be limited to 3,000 square feet of GFA.
d. Industrial FLU Designation
A Vocational Institution that requires the use of heavy machinery, mechanical, construction, or
industrial equipment such as auto repair, masonry, automotive operation or repair, metal
fabrication, welding, mechanical, or electrical repair shall be limited to sites with an IND FLU
designation excluding Commercial Pod of a PIPD. [Ord. 2023-011]
e. Nuisances
The use shall be conducted within an enclosed building in a non-industrial zoning district where the
use is allowed unless separated 250 feet from a parcel of land with a residential FLU designation
or use.
42. Work/Live Space
a. Definition
A space within a building that is used jointly for residential and any non-residential use permitted
in the zoning district, where permitted by the FBC, where the residential space is accessory to the
primary use as a place of work.
b. Non-Residential Designation
Both residential and non-residential square footage shall be counted towards the maximum FAR
allowed for the district.
c. Floor Area
Shall not exceed 1,000 square feet of living area.
d. Office Space
A minimum of ten percent of the living area shall be designated as office space.
e. WCRAO
Work/Live Space is prohibited in the NR Sub-area per Table 3.B.14.E, WCRAO Sub-area Use
Regulations.
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Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 71
Section 3 Recreation Uses
A. Recreation Use Matrix
Table 4.B.3.A – Recreation Use Matrix
Standard Zoning Districts
Use Type
Planned Development Districts (PDDs) Traditional Development Districts (TDDs)
AG/CON Residential Commercial
C
M
R
IND INST
PUD MUPD PIPD M R TND TMD
Pods FLU Pods H V Tier
P A A AR R R R R C C C C C C URAO IRO I I I P I R C R C A C C C C C I E C I I C I P P
U/S
Exurban/
Rural
U E
AGR
C G P R U E T S M N L C H G R U U U U U FLU L L G O P E O E I G L H L H R N D M N N O N D D S X
R S S O O E C C C I I C C C C F S M C V R O O D C R S D M D R N O R N O R D P
A A 1 2 3 1 2 L L H H / T / / E C S E C S U E R
O O P L G S R S R R V E
E E A S
Supplementary Use
Standards #
C C L
Recreation Uses (2)
- - - - - - - - - - - - - A A - - - - - - - - - - - - D A Arena or Stadium or Amphitheater 1 - A - - - - A - - A - - - - - - - - - - - - - - - - - - -
D - - - - - - - - - - - - - D - - - - - - - - - - - - P D Campground 2 - - - - - - - - - P - - - - - - - - P - - - - - - - - - -
- - - - - - - - - A - A - B D D D D D D D - D - - - - P D Entertainment, Indoor 3 - A - - - A D - - P - - - - - D - - - - A - - A - A A A -
-
-
-
-
-
-
-
-
-
-
-
A
-
A
D
A
A
A
A
A
-
-
-
-
-
-
-
P
-
Entertainment, Outdoor
4
-
A
-
-
-
A
A
-
-
P
-
-
-
-
-
P
-
-
-
-
-
-
-
-
-
-
-
-
-
- - - - - - - - - P - A - P P D D D D D D - D - D D - P - Fitness Center 5 - A P A - A P - - P D D D - D D - - - - P - - P - P P P -
- - - - - A A A A - - A - B D - - - - - - - - - - D - P B Golf Course 6 - - A - - A A A A A A - - - P A P P R - - - - - - - - - -
P - - P P P P P P P - P - P P D D D D D D D D D - P P P P Park, Neighborhood Infill 7 - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
P P P D D D D D D D P P P P P D D D D D D D D D P P P P P Park, Passive 8 P P P P P P P P P P P P P P P P P P P P P P P P P P P P P
D - - B B A A A B B - D - D D D D D D D D D D D P D D P D Park, Public 9 - - P P - P P - - P P - P P - P - A A - - P - - P P P P P
- - - - - - - - - - - - - A A A A A A A - - A - D D P D - Shooting Range, Indoor 10 - - - - - - A - - A A - D - P A P - - - - - - - - - - - -
- - - - - - - - - - - - - - A - - - - - - - - - - - - A - Shooting Range, Outdoor 11 - - - - - - - - - A - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - A D - - - - - - - - - - - - P B Zoo 12 - - - - - - A - - D - - - - - - - - - - - - - - - - - - -
[Ord. 2017
-007] [Ord. 2017-025] [Ord. 2018-002] [Ord. 2021-023] [Ord. 2023-011]
Use Approval Process Key:
P Permitted by Right
D Subject to DRO approval A Subject to BCC approval (Class A Conditional Use)
B Subject to Zoning Commission approval (Class B Conditional Use) - Prohibited use, unless stated otherwise within Supplementary Use Standards
(1) Supplementary Use Standards for each use must be reviewed regardless of the approval process set forth in the Use Matrix. Refer to the numbers in the Supplementary Use Standards column.
(2) Uses may require a higher level of approval pursuant to Table 4.A.9.A, Thresholds for Projects Requiring DRO Approval, and Table 4.A.9.B, Thresholds for Projects Requiring Board of County Commissioners Approval, unless otherwise specified within the Supplementary Use Standards of the specific use. [Ord. 2021-023]
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 72
(This page intentionally left blank)
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 73
B. General Recreation Standards
1. Tier Specific
Pari-mutuel betting or gaming is prohibited in the Agricultural Reserve (AGR) Tier.
C. Definitions and Supplementary Use Standards for Specific Uses
1. Arena or Stadium or Amphitheater
a. Definition
An establishment open, partially or fully enclosed primarily used or intended for commercial
spectator sports, or performance.
b. Typical Uses
Typical uses include sports arenas, jai alai frontons, racetracks, and concert halls.
c. Location
There shall be a minimum of 200 feet of lot frontage along a Major Street from which primary point
of vehicular access shall be provided. [Ord. 2021-006]
2. Campground
a. Definition
A parcel of land used for temporary camping and recreational vehicle (RV) uses, and not as
permanent living quarters.
b. Lot Size
A minimum of five acres or the minimum required by the district, whichever is greater.
c. Use
1) Campsite
Campsites are predominantly intended for use by patrons occupying tents, pop-up style
campers, or Camping Cabins.
2) RV Site
RV sites are primarily intended to accommodate RVs, and shall be improved with a paved
parking pad for the RV and one passenger vehicle.
d. Intensity
Campgrounds may be developed at the following intensities:
Table 4.B.3.C – Campground Intensity
Zoning Districts
Number of Sites/ac. (2)
Standard
Campsites
RVs
AP (1)
10/ac.
N/A
PC
10/ac.
N/A
PO
12/ac.
6/ac.
IPF
12/ac.
CRE
12/ac.
PDD
MUPD
CR FLU
16/ac.
8/ac.
RVPD
RR FLU (3)
10/ac. (3)
4/5 ac.
CR FLU
24/ac.
12/ac.
Notes:
1.
In the LOSTO only.
2.
The acreage used to calculate campsites cannot be used to calculate RV sites, or
vice versa. Campsites and RV sites may be interspersed throughout the site.
3.
RVPDs existing prior to March 2, 2017 shall be considered conforming for intensity.
e. Setback for RV or Camp Sites
All sites shall be set back a minimum of 50 feet from any property line.
f. Duration of Stay
1) Campsites and Camping Cabins
A maximum of 30 consecutive days in a six-month period.
2) RV Sites
a) No person shall reside or be permitted to reside in a RV site for more than 180 days per
calendar year.
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 74
b) Record Keeping
The Campground owner or operator shall keep the following records:
(1) the make, model, and year of each RV;
(2) the lot on which each RV is/was located;
(3) the dates of occupancy for each RV owner; and,
(4) the name and permanent address of each RV owner.
c) Mobility
The mobility of each recreational vehicle shall be maintained at all times. All recreational
vehicles shall be currently licensed by the State of Florida, or the State of residency of the
RV owner. The license plate shall be visible at all times.
g. Accessory Use
1) Camping Cabin
a) Definition
A rental cabin used for temporary occupancy.
b) Use
A Camping Cabin may be allowed as an accessory use to a Campground.
c) Number
A maximum of 30 percent of the total approved campsites may be used for Camping
Cabins.
d) Floor Area
A Camping Cabin shall not exceed 800 square feet of GFA.
e) Additional Floor Area
Floor area under a solid roof that is utilized as a porch, patio, porte-cochère, or carport
shall not exceed 500 square feet.
f) Amenities
A Camping Cabin may contain electrical outlets (excluding 220 volt), heating, lighting, air
conditioning, cooking facilities, and plumbing.
2) Retail Sales, General
A camp store selling goods intended for consumption and use by the patrons of a Campground
shall be allowed pursuant to the following:
a) Size
Shall not exceed 2,500 square feet of GFA, including storage.
b) Location
Shall be located to the interior of the Campground, and shall not be accessible from any
external roads abutting the Campground property.
c) Parking
Shall provide one parking space per 500 square feet of GFA, plus one space per employee
on duty.
d) Signage
Signage shall be limited to a maximum of 25 square feet of wall signage located on the
front façade of the building, and shall not be visible from the exterior of the Campground.
Freestanding signs shall be prohibited.
h. LOSTO
A Campground or Camping Cabins may be located on parcels within the LOSTO where the use is
not allowed by the Use Matrix, subject to the following:
1) Campground
A Campground without RV sites may be allowed in the LOSTO subject to DRO approval.
2) Camping Cabins
A Camping Cabin may be allowed as a principal use, or as an accessory use to a Single Family
dwelling, subject to a DRO approval through the ZAR process and the following: [Ord. 2018-
002]
a) Density
A maximum of ten Camping Cabins per acre when developed as principal use.
b) Setback
A minimum of 25 feet from all property lines.
c) Occupants
Only users of the LOSTO Trail, such as hikers, bikers, and tourists, shall be allowed to
occupy the cabins.
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 75
3. Entertainment, Indoor
a. Definition
An establishment offering recreational opportunities or games of skill to the general public for a fee
in a wholly enclosed building.
b. Typical Uses
Indoor Entertainment may include, but not be limited to: bowling alleys, bingo parlors, pool halls,
billiard parlors, banquet and reception facilities, and video game arcades.
c. Approval Process – CC, CG, MUPD with CL or CH FLU Designation, and PIPD Zoning
Districts
An Indoor Entertainment use encompassing less than 3,000 square feet of floor area may be
Permitted by Right. [Ord. 2021-023] [Ord. 2023-011]
4. Entertainment, Outdoor
a. Definition
An establishment offering recreational opportunities or games of skill to the general public where
any portion of the activity takes place in the open for a fee, excluding Golf Courses and Public
Parks.
b. Typical Uses
Typical uses include athletic fields, batting cages, golf driving ranges, water skiing facilities, tennis
courts, go-cart tracks, miniature golf courses, paintball fields, jet skiing, and wind surfing.
c. Approval Process – PIPD Regional Recreation Pod Exception
An Outdoor Entertainment use that serves to promote economic benefits, such as enhanced
tourism, job creation, and an amenity for business recruitment, and which provides for national
recognition as a unique recreational facility, may be allowed within the Regional Recreation Pod of
a PIPD subject to Class A Conditional Use approval, and the following: [Ord. 2017-032]
1) Notification to Business Development Board
The Applicant shall include documentation confirming that the Business Development Board
(BDB) has been notified of the application for Class A Conditional Use approval, including
tentative BCC public hearing dates, prior to certification for public hearing. [Ord. 2017-032]
2) Residential Separation
Shall be located a minimum of 1,000 feet from a residential use or vacant parcel with a
residential FLU designation. [Ord. 2017-032]
3) Collocated Special Event
A Special Event may be collocated with an Outdoor Entertainment use subject to DRO
approval, in accordance with the provisions of Art. 4.B.11.C.8, Special Event. [Ord. 2017-032]
[Ord. 2019-005]
d. Location
Access to an Outdoor Entertainment use shall be prohibited from Local Residential or Residential
Access Streets. [Ord. 2021-006]
e. Setbacks
No building, structure, trailer, vehicle, mechanical device, or outdoor area shall be located closer
to the property line than as follows:
Table 4.B.3.C – Outdoor Entertainment Setbacks
Adjacent Use
Min. Setback
Non-Residential and Streets
50’
Residential District or Use (1)
100’ (1)
[Ord. 2017-032]
Notes:
1.
Outdoor Entertainment within a PIPD Regional Recreation Pod shall be subject
to the setbacks of Art. 4.B.3.C.4.c.2), Residential Separation. [Ord. 2017-032]
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 76
5. Fitness Center
a. Definition
An establishment containing multi-use facilities for conducting individual and/or group recreational
sport activities. [Ord. 2023-011]
b. Typical Activities
Typical sport activities may include but are not limited to aerobic exercises, weight lifting, running,
swimming, racquetball, pickle-ball, gymnastics, dance studios, and martial arts studios. [Ord. 2023-
011]
c. Approval Process
1) CC Zoning District and MUPD with CL FLU Designation
a) A Fitness Center that has less than 8,000 square feet of GFA shall be Permitted by Right.
b) A Fitness Center with more than 8,000 square feet but less than 15,000 square feet shall
be subject to DRO approval.
2) Commercial Pod of PUD
A Fitness Center less than 10,000 square feet may be Permitted by Right. [Ord. 2018-018]
d. Zoning District – CN Zoning District
The use shall be limited to 3,000 square feet of GFA when located in CN Zoning District and shall
not include outdoor activities.
e. IND, EDC, and CMR FLU Designations
No more than 20 percent of the square footage of the development may be utilized as a Fitness
Center. [Ord. 2023-011]
6. Golf Course
a. Definition
An establishment providing a golf recreation area designed for executive or regulation play along
with accessory support facilities, excluding miniature golf.
b. Accessory Use
1) Clubhouse
A Golf Course use may include a clubhouse. In addition to traditional and customary services,
the clubhouse may also contain uses such as food service, catering, related retail sales,
financial services, and other personal services.
2) Fencing
Fencing or netting may be erected to protect neighboring property, vehicles, pedestrians, or
bicyclists from golf balls, subject to the following restrictions:
a) Maximum Height Adjacent To
(1) Residential Use
15 feet.
(2) Street or Easement
30 feet.
(3) Non-Residential Use
30 feet.
b) Variance Relief
Request for Type 2 Variance from fence or netting maximum height shall be permitted in
accordance with Art. 2, Application Processes and Procedures.
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 77
7. Park, Neighborhood Infill
a. Definition
A public park facility operated by PBC located in the Revitalization and Redevelopment Overlay as
designated by the BCC.
b. Lot Size
A maximum of five acres.
c. Minimum Setbacks
1) Playground Surface Areas
Ten feet.
2) Structures, Park Furniture, and Playground Equipment
15 feet.
3) Active Recreation Facilities
a) A minimum of 15 feet when adjacent to R-O-Ws and parcels of land with a non-residential
FLU designation or use.
b) A minimum of 25 feet when adjacent to parcels of land with a residential FLU designation
or use. The Parks and Recreation Director may authorize a setback reduction to 15 feet,
when compatibility issues are addressed with any adjacent residential uses.
d. Restrictions
Sports lighting, parking spaces, and permanent sanitary facilities shall be prohibited.
e. Recreation Amenities
Active recreation amenities may include playground equipment and non-regulation basketball
courts.
8. Park, Passive
a. Definition
A public or private outdoor recreation area relying on a natural or man-made resource base and
developed with a low intensity of impact on the land.
b. Typical Uses
Typical uses include trail systems, wildlife management and demonstration areas for historical,
cultural, scientific, educational, or other purposes that relate to the natural qualities of the area, and
support facilities for such activities.
c. Zoning District – PC
A Passive Park use shall generally include but not be limited to nature and foot trails; canoe trails;
wildlife management performed by official game, fish and wildlife commissions; public hunting and
fishing camps; the use of boats, airboats, and wheeled and tracked vehicles under policies and
regulations prescribed by the appropriate government agencies; hunting and fishing camps on
private property under policies prescribed by official game, fish and wildlife commissions;
exploration, observation, and archeological studies supervised by recognized authorities or
persons granted permission to proceed by the State of Florida; preserves and passive recreation
areas, and residences for preservation management officers or substantially similar recreational
conservation accessory uses.
9. Park, Public
a. Definition
A park publicly owned or operated by government agencies that provide opportunities for active or
passive recreational activities to the general public.
b. Type of Parks
The use includes Regional Park, District Park, Beach Park, and Community Park.
c. Collocated Uses
The following shall be collocated uses Permitted by Right in the PO Zoning District when included
as part of a Public Park:
1) Outdoor Shooting Range limited to non-mechanical equipment archery;
2) Arena or Stadium or Amphitheater separated at least 1,500 feet from parcels of land with a
conservation and residential FLU designation or use.
3) Commercial Equestrian Arena;
4) Marina limited to docks, wet slips, or boat ramps; and,
5) Caretaker Quarters. [Ord. 2018-018]
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 78
10. Shooting Range, Indoor
a. Definition
An indoor establishment used for the discharge of firearms or projectiles at targets for sport or
training, excluding private gun ranges where preempted by State law.
b. Approval Process
An Indoor Shooting range allowed subject to a Class A Conditional Use may be approved by the
DRO when limited to archery.
c. Nuisances
All use areas shall be within an enclosed building constructed, maintained, and operated so that
no noise nuisances related to the range operations can be detected outside the building.
d. Separation Distance
An Indoor Shooting Range shall not be located within 500 feet of a parcel of land with a civic or
residential FLU designation or use or a park, unless limited to archery.
e. Site Design
Except where preempted by State law, during Zoning or Building Permit review, whichever occurs
first, the Applicant shall provide documentation demonstrating acceptable industry design and
configuration standards, based on type of shooting activity, to address potential adverse safety and
nuisance concerns. Range design shall include but not be limited to: ventilation, safety baffles,
bullet traps, and impenetrable backstops, floors, walls, and ceilings.
11. Shooting Range, Outdoor
a. Definition
An outdoor establishment used for the discharge of firearms or projectiles at targets for sport or
training, excluding private gun ranges where preempted by State law.
b. Separation Distance
An Outdoor Shooting Range shall not be located within 1,320 feet of a property line with a civic or
residential use, zoning district, or FLU designation, unless the adjacent properties are owned by a
government agency and utilized for other than civic or residential purposes.
c. Site Design
Except where preempted by State law, during Zoning or Building Permit review, whichever occurs
first, the Applicant shall provide documentation demonstrating acceptable industry design,
configuration, and operational standards, based on type of shooting activity, to address potential
adverse safety and nuisance concerns. Range design shall include, but not be limited to:
backstops, sideberms, sidewalls, sound and visual baffles, and target placement.
d. Archery Range
1) DRO Approval Process
An Outdoor Shooting Range allowed subject to a Class A Conditional Use may be approved
by the DRO when limited to non-mechanical archery equipment.
2) Separation Distance
Shall not be subject to the 1,320-foot separation distance when limited to non-mechanical
archery equipment. An alternative separation distance may be required if warranted based on
the site design requirements contained above.
12. Zoo
a. Definition
An establishment where animals are kept in captivity for the public to view or for educational
purposes.
b. Accessory Uses
A Veterinary Clinic, gift shop, and food service may be Permitted by Right as accessory uses to a
Zoo.
c. Setbacks
No animal containment area shall be located within 500 feet of any residential district.
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 79
Section 4 Institutional, Public, and Civic Uses
A. Institutional, Public, and Civic Use Matrix
Table 4.B.4.A – Institutional, Public, and Civic Use Matrix
Standard Zoning Districts
Use Type
Planned Development Districts (PDDs) Traditional Development Districts (TDDs)
AG/CON Residential Commercial
C
M
R
IND INST
PUD MUPD PIPD M R TND TMD
Pods FLU Pods H V Tier
P A A AR R R R R C C C C C C URAO IRO I I I P I R C R C A C C C C C I E C I I C I P P
U/S
Exurban/
Rural
U E
AGR
C G P R U E T S M N L C H G R U U U U U FLU L L G O P E O E I G L H L H R N D M N N O N D D S X
R S S O O E C C C I I C C C C F S M C V R O O D C R S D M D R N O R N O R D P
A A 1 2 3 1 2 L L H H / T / / E C S E C S U E R
O O P L G S R S R R V E
E E A S
Supplementary Use
Standards #
C C L
Institutional, Public, and Civic Uses (2)
- - - - - - - - - - - A - A - A A A A A A - A - - A D A A Animal Shelter 1 - - - - - A A - - - - - - A - - - - - - - - - - - A A A -
- A - A A - - A A A - A - D D D D D D D - - - - - - - D A Assembly Institutional Nonprofit 2 - D - D - A D - - D - - - D - A - - - - A - - A - A A A -
- - - A A - - - - - A A A D - D D D D D - - - - - - - - A Assembly Membership Nonprofit 3 - - - A - A D A A D - - - D - A - - - - A - - A - A A A -
-
-
-
A
A
A
A
A
A
-
-
A
-
A
-
-
-
-
-
-
-
-
-
-
-
-
-
A
A
Cemetery
4
-
-
-
A
-
-
A
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
- - - - - - - - - - - A A A - D D D D D D - D A - - - P A College or University 5 - - - A - A A A A A A - - A - A - - - - - - - - - A A - -
- - - - - - - - - - - A - A - A A A A A - - A - - A A A A Crematory 6 - - - - - A A - - - A - - A - A - - - - - - - - - - - - -
- D - A A A A A B B B D D D D D D D D D B B D D - - - D D Day Care Limited 7 - D - D - D D D D D - - - D - D - D D - D - - D - D D D -
- A - A A A A A A A A A A A A D D D D D A A A A - - - D A Day Care General 7 - A - A - A A A A A - - - A - A - A A - A - - A - A A A -
- - - - - - - - - - - A - A - D D D D D - - A - - D D A A Funeral Home 8 - P - - - A A - - - D - - A - P - - - - - - - - - - - - -
- D A A A A A A A P P P P P P D D D D D D D D D P P P P D Government Services 9 - P - P - P P P P P P P P P P P P P P - P - - P - P P P P
- - - - - - - - - - - - A A - A A A A A - - A A - A - A A Homeless Resource Center 10 - - - - - - A - A - A - - A - - - - - - - - - - - - - - -
[Ord. 2017
-007] [Ord. 2017-025] [Ord. 2018-002] [Ord. 2021-023] [Ord. 2023-011]
Use Approval Process Key:
P Permitted by Right
D Subject to DRO approval A Subject to BCC approval (Class A Conditional Use)
B Subject to Zoning Commission approval (Class B Conditional Use) - Prohibited use, unless stated otherwise within Supplementary Use Standards
(1) Supplementary Use Standards for each use must be reviewed regardless of the approval process set forth in the Use Matrix. Refer to the numbers in the Supplementary Use Standards column.
(2) Uses may require a higher level of approval pursuant to Table 4.A.9.A, Thresholds for Projects Requiring DRO Approval, and Table 4.A.9.B, Thresholds for Projects Requiring Board of County Commissioners Approval, unless otherwise specified within the Supplementary Use Standards of the specific use. [Ord. 2021-023]
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 80
Table 4.B.4.A – Institutional, Public, and Civic Use Matrix
Standard Zoning Districts
Use Type
Planned Development Districts (PDDs) Traditional Development Districts (TDDs)
AG/CON Residential Commercial
C
M
R
IND INST
PUD MUPD PIPD M R TND TMD
Pods FLU Pods H V Tier
P A A AR R R R R C C C C C C URAO IRO I I I P I R C R C A C C C C C I E C I I C I P P
U/S
Exurban/
Rural
U E
AGR
C G P R U E T S M N L C H G R U U U U U FLU L L G O P E O E I G L H L H R N D M N N O N D D S X
R S S O O E C C C I I C C C C F S M C V R O O D C R S D M D R N O R N O R D P
A A 1 2 3 1 2 L L H H / T / / E C S E C S U E R
O O P L G S R S R R V E
E E A S
Supplementary Use
Standards #
C C L
Institutional, Public, and Civic Uses (2)
- - - - - - - - - - - A A A - D D D D D D - D D - - - P A Hospital 11 - A - - - A A - A - - - - A - A - - - - - - - - - A A - -
- - - D D D D D D - - - - - - D D D D D - - - - - - - - - Large Family Child Care Home 7 - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- D - D D D D D D D D D D D D D D D D D D D D D - D D D D Place of Worship 12 - D - D - D D D D D - - - D - D - - - - D - - D - D D D -
- - - - - - - - - - - - - - - - - - - - - - - - - - - A A Prison, Jail, or Correctional Facility 13 - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- A - A A A A A A A A A A A - D D D D D D D D D - A - P A School – Elementary or Secondary 14 - - - A - A A A A - - - - D - A - - - - A - - A - A A A A
- - - - - - - A A A - A - A - D D D D D D D D D - - - - D
Skilled Nursing or Residential Treatment
Facility
15 - A - A - A A - - - - - - D - - - - - - - - - - - - - - -
[Ord. 2017
-007] [Ord. 2017-025] [Ord. 2018-002] [Ord. 2021-022] [Ord. 2021-023] [Ord. 2023-011]
Use Approval Process Key:
P Permitted by Right
D Subject to DRO approval A Subject to BCC approval (Class A Conditional Use)
B Subject to Zoning Commission approval (Class B Conditional Use) - Prohibited use, unless stated otherwise within Supplementary Use Standards
(1) Supplementary Use Standards for each use must be reviewed regardless of the approval process set forth in the Use Matrix. Refer to the numbers in the Supplementary Use Standards column.
(2) Uses may require a higher level of approval pursuant to Table 4.A.9.A, Thresholds for Projects Requiring DRO Approval, and Table 4.A.9.B, Thresholds for Projects Requiring Board of County Commissioners Approval, unless otherwise specified within the Supplementary Use Standards of the specific use. [Ord. 2021-023]
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 81
B. General Institutional, Public, and Civic Standards
1. Agricultural Reserve (AGR) Tier
In the AGR Tier, institutional, public, and civic uses are prohibited west of State Road 7.
C. Definitions and Supplementary Use Standards for Specific Uses
1. Animal Shelter
a. Definition
A non-profit establishment used for the protection of unwanted or abandoned domesticated
animals.
b. Typical Services
Typical services provided by an Animal Shelter may include, but are not limited to: sheltering,
adoption, fostering, providing rescue or old age homes, medical or behavioral rehabilitation, or
other accessory uses as may be permitted by ACC that are not regulated elsewhere by this Code.
c. Approval Process – ACC Permit
All Animal Shelters shall be licensed and regulated in accordance with ACC Ordinance No. 98-22,
as amended. The owner or operator shall obtain Zoning approval prior to application for an ACC
Operational Permit.
d. Access
Access from either Local Residential or Residential Access Streets shall be prohibited. [Ord. 2021-
006]
e. Landscaping
Any outdoor animal use area located within 300 feet of a residential use or property with a
residential FLU designation, shall upgrade the Incompatibility Buffer with either of the following:
(1) A six-foot-high fence, and double the required buffer width and planting requirements; or
(2) A six-foot-high CBS or concrete panel wall.
f. Waste Disposal
An Animal Shelter shall meet the PBCHD ECR I and ECR II standards and shall be subject to all
applicable rules and regulations of the FDEP, PBCHD, and SWA.
g. Accessory Residential Use
A Single Family dwelling unit may be permitted as an accessory use to an Animal Shelter provided
the property has an underlying residential FLU designation.
2. Assembly Institutional Nonprofit
a. Definition
An establishment open to the public, owned or operated by a non-profit organization for social,
educational, or recreational purposes.
b. Typical Uses
An Assembly Institutional Nonprofit use may include, but is not limited to: museums, cultural
centers, recreational facilities, botanical gardens, and community services such as after school
care or tutorial services, medical services, and employment services.
c. Zoning District – TND District
Assembly Institutional Nonprofit shall be limited to a maximum of 10,000 square feet of GFA.
d. Frontage and Access
The use shall have frontage on and access from a Collector, Arterial, or Local Commercial Street,
unless stated otherwise herein. An Assembly Institutional Nonprofit with collocated uses, or more
than 15,000 square feet of GFA or 350 seats, including accessory uses, shall have frontage on and
access from a Collector or Arterial Street.
e. Revitalization, Redevelopment, and Infill Overlay (RRIO)
An Assembly Institutional Nonprofit use owned or operated by a neighborhood group, working with
the Office of Community Revitalization (OCR) within a Countywide Community Revitalization Team
(CCRT) designated area, may be allowed subject to the following:
1) DRO approval in the zoning districts where the use is subject to a Class A Conditional Use;
2) Located on a Local Residential Street provided the building square footage is limited to a
maximum of 5,000 square feet. An Assembly Institutional Nonprofit greater than 5,000 square
feet, including accessory uses, shall be located on a Local Commercial, Arterial, or Collector
Street.
3) No outdoor activities after 10:00 p.m.; and,
4) The following accessory uses shall be Permitted by Right: Limited Day Care, Day Camp, and,
Government Services limited to community police substation.
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3. Assembly Membership Nonprofit
a. Definition
An establishment owned or operated by a non-profit organization for social, education, or
recreational purposes where paid membership is required.
b. Typical Uses
An Assembly Membership Nonprofit use may include but is not limited to: fraternal or cultural
organizations, and union halls.
c. Zoning Districts
1) AR/RSA District
May be allowed in the AR/RSA with an SA FLU, subject to a Class A Conditional Use approval.
2) TND District
Nonprofit Membership Assembly shall be limited to a maximum of 10,000 square feet of GFA.
d. Frontage and Access
The use shall have frontage on and access from a Collector, Arterial, or Local Commercial Street.
An Assembly Membership Nonprofit with collocated uses, or more than 15,000 square feet of GFA
or 350 seats, including accessory uses, shall have frontage on and access from a Collector or
Arterial Street.
4. Cemetery
a. Definition
Land used or intended to be used for human interment.
b. Zoning District – MUPD
An MUPD developed to include a Cemetery shall be limited to have Place of Worship or other
Cemeteries as collocated uses.
c. Location
Where permitted in a residential zoning district, a Cemetery shall have the front or side street
property line adjacent to an Arterial or a Collector Street. Access from either Local Residential or
Residential Access Streets shall be prohibited. [Ord. 2021-006]
d. Lot Size
1) A Cemetery shall be located on a site with a minimum contiguous area of 30 acres. Exceptions
to the minimum acreage requirement may be permitted, as follows:
a) Cemeteries owned and operated by a Place of Worship located within Palm Beach County,
whether collocated or remotely located, on sites less than five acres, and equal to or greater
than two acres, which provides only single-level ground burial.
b) County and municipal Cemeteries.
c) Community and non-profit association Cemeteries, which provide only single-level ground
burial and do not sell burial spaces or burial merchandise.
d) Cemeteries owned and operated or dedicated by a Place of Worship prior to June 23,
1976.
e) A columbarium consisting of less than one-half acre which is collocated with a Place of
Worship.
f) A mausoleum consisting of two acres or less which is collocated with a Place of Worship.
g) A columbarium consisting of five acres or less which is located on the main campus of a
State university as defined in F.S. § 1000.21(6).
2) An existing Cemetery having less acreage shall not be considered a non-conforming use if the
acreage shown is consistent with a prior approval.
e. Pet Cemetery
1) May be allowed only in the IPF Zoning District subject to Class A Conditional Use approval.
2) May be allowed as an accessory use to a Cemetery, provided the area dedicated for Pet
Cemetery is in addition to the minimum lot size required for the Cemetery.
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Article 4 – Use Regulations
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5. College or University
a. Definition
An institution of higher learning offering undergraduate or graduate degrees.
b. Approval Process
A College or University may be approved by the DRO, subject to the following:
1) The property is separated from parcels of land with a residential FLU designation or use by a
minimum of 150 feet;
2) A maximum of 30,000 square feet of GFA; and,
3) Where permitted in a residential zoning district, a College or University shall have the front or
side street property line adjacent to an Arterial, Collector, or Local Commercial Street. Access
from either Local Residential or Residential Access Streets shall be prohibited. [Ord. 2021-006]
c. Accessory Use – Dormitories
Dormitories may be allowed as an accessory use. If owned or operated by the College or University
shall be calculated as FAR.
d. Airport Land Use Compatibility Zoning
The establishment of a new College or University shall be prohibited in accordance with Art.
16.C.1.E.2, Prohibited Land Uses. [Ord. 2019-005]
6. Crematory
a. Definition
A facility that employs various methods of processing human or animal remains, consistent with
F.S. § 497.005, as periodically amended. [Ord. 2018-018]
b. Equipment Location
Crematory equipment shall be located within a fully enclosed building.
c. Services Prohibited
Services such as public observances, sermons, or other similar activities shall be prohibited, unless
collocated with an approved Funeral Home.
d. Collocated Use
In the RM Zoning District, a Crematory may be collocated with a Cemetery subject to Class A
Conditional Use approval, provided the use is restricted to those being buried within that Cemetery.
7. Day Care
a. Definition
An establishment that provides care, protection, and supervision for children when licensed by the
Palm Beach County Health Department, or for adults when licensed by the Agency for Health Care
Administration (AHCA).
b. Types
1) Day Care Limited
A Day Care for six to 20 children, or three to 20 adults, for a period of less than 13 hours per
day on a regular basis.
a) Collocated Use – AGR Zoning District
A Limited Day Care may be allowed as a collocated use to a Nonprofit Assembly
Institutional subject to DRO approval.
b) Use Limitations
Limited Day Care use does not include nighttime or overnight care.
2) Day Care General
A Day Care for 21 or more children or adults for a period of less than 24 hours per day on a
regular basis.
3) Large Family Child Care Home (LFCCH)
An occupied Single Family residence in which custodial care is regularly provided for up to 12
children, and for which the owner or operator receives a payment, fee, or grant for any of the
children receiving care, whether or not operated for profit, and has at least two full-time child
care personnel on the premises during the hours of operation. One of the full-time child care
personnel must be the owner or occupant of the residence. The use shall be subject to the
following:
a) Applicability
The Applicant or owner shall provide documentation that the establishment has operated
as a licensed Family Day Care Home for at least two years and meet other licenses and
regulations established by the PBC Health Department including the maximum number of
children permitted.
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b) Approval Process
The use shall be Permitted by Right when located on lots 20,000 square feet or greater.
c) Site Requirements
In addition to the property development regulations applicable to Single Family residential,
the following shall apply:
(1) Outdoor Activity Area
All outdoor activity area provisions applicable to a Day Care shall apply.
(2) Drop-Off
Shall comply with all drop-off access standards applicable to Day Care.
(3) Parking
Shall provide at least four parking spaces including those required for a Single Family
residential unit. Parking dimensions shall comply with Art. 6, Parking, Loading, and
Circulation.
(4) Site Egress
Shall not allow backward egress from a driveway or parking area into a street.
(5) Signage
Shall not be permitted.
4) Family Day Care Home
See Supplementary Use Standards under Residential Use Classification, Accessory
Residential Use Standards.
c. Lot Size
A minimum of 6,000 square feet, or the minimum required by the zoning district in which the Limited
or General Day Care is located, whichever is greater.
d. Airport Land Use Compatibility Zoning
The establishment of new Limited or General Day Care facilities shall be prohibited in accordance
with Art. 16.C.1.E.2, Prohibited Land Uses. [Ord. 2017-025]
e. Floor Area
1) Child Care
a) For a Day Care with 40 children or less, the minimum floor area, exclusive of any area
devoted to a kitchen, office, storage, and toilet facilities, shall be 1,500 square feet. [Ord.
2020-020]
b) An additional 35 square feet of floor area or the amount required by the PBCHD shall be
provided for each child over 40 children.
2) Adult Care
For an Adult Day Care, the total amount of net floor space available for all participants shall be
in accordance with Rule 58A-6.013, F.A.C., as may be amended, and as determined by the
AHCA.
f. Outdoor Activity Area for Child Care
1) General
An outdoor activity area shall be provided on the same lot as the Day Care. The area shall not
be located in the required front setback or adjacent to any outdoor storage area of any existing
use.
2) Square Footage
Shall be in compliance with the Palm Beach County Rules and Regulations Governing Child
Care Facilities contained in Appendix D, Chapter 1, Article X, Section B of the PBC Code, as
may be amended.
3) Location of Outdoor Play Equipment
Stationary outdoor play equipment permanently anchored to the ground shall be set back a
minimum of 25 feet from any residentially zoned or used property line, and ten feet from any
other property line. Outdoor play equipment shall not be located in any required landscape area
or easement.
4) Shade Trees
A minimum of one 12-foot-tall native Canopy tree shall be provided or preserved within the
interior of the outdoor activity area per 1,500 square feet of area provided.
5) Fence/Wall
A minimum four-foot-high fence or wall shall surround the outdoor activity area.
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g. Drop-Off Access
1) Drop-Off
One designated drop-off space shall be provided for every 20 children or adults. Drop-off
spaces shall be a minimum of 12 feet in width.
2) Sidewalk Access
A minimum four-foot-wide sidewalk running in front of, or adjacent to the drop-off spaces and
connecting to the Day Care entrance shall be provided.
8. Funeral Home
a. Definition
An establishment which arranges and manages funerals and prepares human or animal remains
for interment.
b. Zoning Districts – IL, IG, or MUPD with IND FLU
A Funeral Home shall be limited to preparation for interment. No public observances, sermons, or
funerals shall be permitted.
c. Collocated Use
In the RM Zoning District, a Funeral Home may be collocated with a Cemetery subject to Class A
Conditional Use approval, provided the use is restricted to those being buried within that Cemetery.
9. Government Services
a. Definition
Buildings or facilities owned or operated by a government entity and providing services for the
public, excluding utility and recreational services, and Prisons, Jails, or Correctional Facilities.
b. Typical Uses
A Government Service use may include but is not limited to: administrative offices for government
agencies, public libraries, and police and fire stations.
c. ACC Animal Control Facilities
An ACC-operated Animal Control Facility shall be considered a Government Services use in the
PO and IPF Zoning Districts.
10. Homeless Resource Center
a. Definition
A public or private establishment that provides multiple services for the homeless population.
b. Typical Services
Typical services provided by a Homeless Resource Center may include but are not limited to:
counseling, kitchen and dining facilities, medical and dental outpatient facilities, temporary housing,
intake, social services, employment services, and administrative offices.
c. Approval Process
A Homeless Resource Center owned or operated by a governmental entity may be allowed where
Government Services uses are allowed by Table 4.B.4.A, Institutional, Public, and Civic Use Matrix,
subject to Class A Conditional Use Approval; or may be Permitted by Right where Government
Services uses are allowed in non-residential districts, provided that prior to development, or any
modification to a previously approved development, program, or operation, an eligible government
entity complies with the following:
1) Schedule and make a presentation to the BCC at a duly noticed Public Meeting(s);
2) Prepare a report documenting compliance with Palm Beach County Facilities, Development
and Operations, FDO PPM #FDO-S-004, Public Outreach and Community Involvement for
Homeless Resource Centers; [Ord. 2019-005]
3) Provide notice of intent to the Zoning Director a minimum of 30 days prior to requesting
placement on a BCC Public Meeting agenda, to include the aforementioned report;
4) The BCC shall make a finding that the governmental entity has complied with FDO PPM #FDO-
S-004, which may include Conditions of Approval; and, [Ord. 2019-005]
5) A BCC finding of compliance, or compliance subject to conditions, may remain valid for three
years, or as otherwise provided by Condition of Approval.
d. Location and Separation Requirements
For the purpose of required separations, measurements shall be made from façade to façade,
except where the separation required is between a structure and a zoning district boundary.
1) A minimum 250-foot separation shall be required from the property line of residentially zoned
parcels. Type 2 Variance relief, in accordance with Art. 2.B, Public Hearing Processes, may be
requested if this standard cannot be met.
2) A Homeless Resource Center shall not be located within a 1,200-foot radius of another
Homeless Resource Center.
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3) Facilities owned or operated by a governmental entity and located in the PO Zoning District
may request a PO Deviation from location and separation requirements, subject to BCC
approval, utilizing the standards in Art. 2.B.7.G, Public Ownership (PO) Deviations. [Ord. 2019-
005]
e. Facility Use
A minimum of 25 percent of the GFA shall be reserved for accessory service delivery other than
temporary housing.
f. Non-Conformities
The subsequent approval of a Development Order for a residential zoning district shall not change
the status of the HRC to a non-conforming use.
g. Existing Approvals
A prior approval for a government-owned or operated Homeless Resource Center shall be
considered a legal conforming use for sites approved between October 28, 2009 (Ordinance No.
2009-040), and March 2, 2017.
11. Hospital
a. Definition
An establishment that maintains and operates organized facilities for medical or surgical diagnosis,
overnight and outpatient care, and treatment of human illness.
b. Licensing
A Hospital shall be required to be licensed by the State of Florida.
c. Lot Size
A minimum of five acres or the minimum required in the zoning district, whichever is greater.
d. Frontage
A minimum of 200 feet of frontage or the minimum required in the zoning district, whichever is
greater.
e. Incinerator
Biohazardous waste incinerators with an allowable operating capacity equal to or less than 1,000
pounds per hour and biohazardous waste autoclaves are allowed as an accessory use, subject to
the following standard:
1) Setbacks
A minimum of 500 feet from any property line abutting a residential zoning district or use.
Expansion of existing facilities may be allowed with lesser setbacks, provided the expansion is
approved by the DRO.
12. Place of Worship
a. Definition
An establishment which may include a retreat, convent, or other similar use, owned or operated by
a tax-exempt religious group that is used periodically, primarily, or exclusively for religious worship,
activities, or related services.
b. Existing Approvals
Applicants may seek abandonment of the existing Place of Worship approval and apply for DRO
approval at any time. Prior approvals may be continued to be utilized or modified subject to the
limitations in Art. 2.C.5.C, Administrative Modifications to Prior DOs. A DO exceeding the above
thresholds shall be subject to a Development Order Abandonment (ABN) and a concurrent request
for a DRO approval.
c. Location
A Place of Worship shall be prohibited unless in compliance with one of the following:
1) A Place of Worship greater than or equal to 15,000 square feet, including accessory uses, shall
have frontage on and access from an Arterial or Collector Street.
2) A Place of Worship greater than or equal to 5,000 square feet and less than 15,000 square
feet, including accessory uses, shall have frontage on and access from an Arterial, Collector,
or Local Commercial Street.
3) A Place of Worship less than 5,000 square feet, including accessory uses, may have frontage
on and access from a Local Residential Street.
d. Development Thresholds
A Place of Worship shall be exempt from the requirements under Development Thresholds in this
Article or any thresholds in this Code that require the use to be subject to a Conditional Use
approval. [Ord. 2019-005]
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e. Limited Temporary Sales
Temporary sales, such as rummage, or bake sales, shall be Permitted by Right as an accessory
use to a Place of Worship for a period of up to three consecutive days, limited to four times a year.
13. Prison, Jail, or Correctional Facility
a. Definition
A government-owned or operated facility in which people are legally held as a punishment for
crimes they have committed or while awaiting trial.
b. Approval Exemption
Expansion of existing facilities shall be exempt from the Class A Conditional Use approval.
14. School – Elementary or Secondary
a. Definition
An institution of learning, whether public, private, or charter, which conduct regular classes and
courses of study required for accreditation as an elementary or secondary school approved by the
Department of Education.
b. General
1) Setbacks
All Schools shall comply with the zoning district setbacks unless stated otherwise herein. No
setback shall be less than 25 feet regardless of the zoning district.
2) South Florida Water Management District (SFWMD)
Boardwalks and education learning stations may be constructed within wetland areas subject
to approval by the SFWMD.
a) Preservation
Prior to commencement of construction, lot clearing, or any other site
development/preparation, all applicable permits shall be obtained in conformance with Art.
9, Archaeological and Historic Preservation.
b) Wetlands Permits
On-site wetlands required by the SFWMD shall be preserved. Boardwalks and education
learning stations may be constructed within wetland areas subject to approval by the
SFWMD.
c) Construction Documents
Prior to Site Plan approval by the DRO review, construction documents for wetland
restoration, landscaping, and vegetation restoration shall be reviewed and approved by
ERM.
3) Airport Land Use Compatibility Zoning
The establishment of a new School shall be prohibited in accordance with Art. 16.C.1.E.2,
Prohibited Land Uses. [Ord. 2019-005]
c. Private Schools
The following standards shall apply to all Private Schools:
1) Pedestrian Access/Bike Path
Pedestrian access, bike paths, and crosswalks showing access to the School site from
surrounding neighborhoods shall be shown on the Site Plan.
2) Vehicular Circulation
Designated bus and parental drop-off/pick-up areas, shall be provided. Pathways, which cross
vehicular use areas, shall be defined by special paving, brick, striping, or other methods
acceptable to the DRO.
3) Approval Process
This use shall be subject to the applicable approval process pursuant to the Use Matrices of
Art. 3, Overlays and Zoning Districts and this Article.
d. Charter Schools
Charter Schools are considered public schools pursuant to F.S. § 1002.33 and shall be subject to
the standards and procedures applicable to Public Schools. If constructed by the PBC School
Board or otherwise considered a public school facility pursuant to F.S. ch. 1013, the use shall be
treated as Public Schools for the purposes of this Code. Charter Schools with 200 or fewer students
in a commercial, industrial, or non-residential Planned Development District shall be subject to DRO
approval.
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e. Public Schools
1) Applicability
Public Schools are subject to site requirements contained in Florida Building Code, Building
Section 423 per F.S. § 1013.37. Public Schools are not subject to the approval process
contained in the Use Matrices of this Code unless specified herein. Other types of School Board
developments, such as administrative offices, warehouse buildings, etc., shall comply with the
regulations of the applicable zoning district.
2) Previous Approvals and Future Amendments
Public Schools approved prior to June 16, 1992 shall be considered conforming uses.
3) Review by Zoning
a) School Site Acquisition
Comply with the procedures established by the Intergovernmental Agreement R-93-1600D
adopted on December 7, 1993, as amended from time to time.
b) Development Review Officer (DRO) Administrative Review
Application shall comply with the DRO Administrative review process as stated in Art. 2.C,
Administrative Processes.
4) Accessory Uses
The following uses, subject to special regulations, shall be allowed as customarily incidental
and subordinate to a Public School:
a) Accessory Radio Towers
(1) Height
Towers shall have a maximum height of 100 feet or less measured from the finished
grade at the base of the tower. Towers over 100 feet in height and Commercial
Communication Towers shall comply with Art. 4.B.9, Commercial Communication
Towers.
(2) Setbacks
(a) Towers shall meet a minimum setback equal to 50 percent of the height of the
tower from all property lines.
(b) Commercial Communication Towers shall comply with the requirements pursuant
to Art. 4.B.9, Commercial Communication Towers. ITV antennas shall not be
subject to these requirements.
(3) Anchors
All tower supports and peripheral anchors shall be located entirely within the
boundaries of the School site and in no case less than 20 feet from a property line.
(4) Fencing
Security fencing or a security wall shall be installed around the base of each tower,
each anchor base, and each tower accessory building to limit access.
(5) Sign-Off
The School Board shall provide a written sign-off from the County Department of
Airports stating the tower will not encroach into any public or private airport approach
space as established by the Federal Aviation Administration.
(6) Removal
Obsolete or abandoned towers shall be removed within 12 months of cessation of use.
5) Setbacks
Setbacks for Public Schools shall be a minimum of 25 feet.
6) Supplemental Design Standards
a) All fences height shall be in compliance with Art. 5, Supplementary Standards and Art. 7,
Landscaping.
b) Landscape shall comply with F.S. § 1013.64(5)(a).
c) R-O-W Dedication
Within six months of a request by the County Engineer, the School Board shall convey to
the BCC all portions of the site necessary to achieve the ultimate R-O-W, as required by
Art. 11, Subdivision, Platting, and Required Improvements, or as warranted by the School
District’s Traffic Study, as well as additional right-of-way for turn lanes and corner clips, as
determined by the County Engineer and warranted by the School District’s Traffic Study
for any affected road. The conveyance shall include documentation acceptable to the
County Engineer that the land is free of all encumbrances and encroachments and shall
be in the form of a warranty deed acceptable to the County Attorney. Time extension for
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R-O-W dedication may be granted if approved by the County Engineer and the School
District.
d) Road Improvements
Prior to School occupancy, the School Board shall fund and construct all road
improvements directly associated with the School such as paving and drainage, turn lanes,
traffic circulation, sidewalks, and driveway connections as determined by the County
Engineer and warranted by the School District’s Traffic Study.
15. Skilled Nursing or Residential Treatment Facility
a. Definition
An establishment where care is offered or provided for three or more persons suffering from illness,
other than a contagious disease, sociopathic or psychopathic behavior which is not of sufficient
severity to require Hospital attention, or for three or more persons requiring further institutional care
after being discharged from a Hospital, other than a mental hospital. In addition to nursing care,
patients may require medical or psychiatric treatment for a disability, disease, or other condition, in
an institutional or medical setting. [Ord. 2021-022]
b. Licensing
Shall be required to be licensed by the State of Florida. [Ord. 2021-022]
c. Typical Uses
Typical uses may include, but are not limited to: [Ord. 2021-022]
1) Addiction receiving facility; [Ord. 2021-022]
2) Detoxification Treatment Facility; [Ord. 2021-022]
3) Residential Treatment Facility (F.S. ch. 394 and 397) and includes inpatient treatment; [Ord.
2021-022]
4) Nursing Home; [Ord. 2021-022]
5) Convalescent Facility; or, [Ord. 2021-022]
6) Hospice larger than a Single Family Dwelling unit. [Ord. 2021-022]
d. Lot Size
A minimum of 10,000 square feet or the minimum requirement of the zoning district, whichever is
greater.
e. Frontage
A minimum of 100 feet of frontage or the minimum requirement of the zoning district.
f. Access
If located in a residential FLU designation, access shall be provided from a Collector or Arterial
Street.
g. Maximum Number of Patient Beds
One bed per 1,000 square feet of lot area. [Ord. 2021-022]
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Section 5 Industrial Uses
A. Industrial Use Matrix
Table 4.B.5.A – Industrial Use Matrix
Standard Zoning Districts
Use Type
Planned Development Districts (PDDs) Traditional Development Districts (TDDs)
AG/CON Residential Commercial
C
M
R
IND INST
PUD MUPD PIPD M R TND TMD
Pods FLU Pods H V Tier
P A A AR R R R R C C C C C C URAO IRO I I I P I R C R C A C C C C C I E C I I C I P P
U/S
Exurban/
Rural
U E
AGR
C G P R U E T S M N L C H G R U U U U U FLU L L G O P E O E I G L H L H R N D M N N O N D D S X
R S S O O E C C C I I C C C C F S M C V R O O D C R S D M D R N O R N O R D P
A A 1 2 3 1 2 L L H H / T / / E C S E C S U E R
O O P L G S R S R R V E
E E A S
Supplementary Use
Standards #
C C L
Light Industrial Uses (2)
- - - - - - - - - - - - - - - - - - - - - - - - D D P - - Contractor Storage Yard 1 - - - - - - - - - - P D D - P - P - - - - - - - - - - - -
- - - - - - - - - - A A P P - D D - D - - - D D D P P - - Data and Information Processing 2 - - - - - A P A P - P P D - P P P - - - - - - - - - - - -
- - - - - - - - - - - - - D - - - - - - - - D - D P P - - Manufacturing and Processing 8 - - - - - - D - - - P P D - P D P - - - - - - - - - - - -
- - - - - - - - - - A A P P -
D
(3)
D
(3)
D
(3)
D
(3)
D
(3)
- - D D D P P - - Medical or Dental Laboratory 9 - P - - - P P P P - P P D - P P P - - - - - - - - P P P -
- - - - - - - - - - A A D D D D D D D D - - D D D P P P A Multi-Media Production 10 - - - - - A P A P D P P D - P P P - - - - - - - - - - - -
- - - - - - - - - - - A - A - - - - - - - - - - A A P P - Recycling Center 11 - - - - - - A - - - A D A - A A P - - - - - - - - - - - -
- - - - - - - - - - A D D D - D D A D A A A D D D P P - - Research and Development 13 - - - - - A D A D - P P D - P A P - - - - - - - - - - - -
- - - - - - - - - - - - - D - - - - - - - - D - D P P - - Warehouse 17 - - - - - - D - - - P P D - P D P - - - - - - - - - - - -
- - - - - - - - - - - - - D - - - - - - - - D - D P P - - Wholesaling 18 - - - - - - D - - - P P D - P D P - - - - - - - - - - - -
Heavy Industrial Uses (2)
- - - - - - - - - - - - - D - - - - - - - - D - - D D P - Distribution Facility 3 - - - - - - D - - - P P - - P D P - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - A A A - Equestrian Waste Management Facility 4 - - - - - - - - - - A - - - A - A - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - A D D - Gas and Fuel, Wholesale 5 - - - - - - - - - - A - - - A - D - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - A D - - Heavy Industry 6 - - - - - - - - - - A - - - A - D - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - P P - - Machine or Welding Shop 7 - - - - - - - - - - P - - - P - P - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - A D P - Recycling Plant 12 - - - - - - - - - - A - - - A - D - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - A - - Salvage and Junk Yard 14 - - - - - - - - - - A - - - - - A - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - P P - - Towing Service and Storage 15 - - - - - - - - - - P - - - P - P - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - A A - - Truck Stop 16 - - - - - - - - - - A - - - A - A - - - - - - - - - - - -
[Ord. 2017
-007] [Ord. 2017-025] [Ord. 2018-002] [Ord. 2020-001] [Ord. 2021-023] [Ord. 2023-011]
Use Approval Process Key:
P Permitted by Right
D Subject to DRO approval A Subject to BCC approval (Class A Conditional Use)
B Subject to Zoning Commission approval (Class B Conditional Use) - Prohibited use, unless stated otherwise within Supplementary Use Standards
(1) Supplementary Use Standards for each use must be reviewed regardless of the approval process set forth in the Use Matrix. Refer to the numbers in the Supplementary Use Standards column.
(2) Uses may require a higher level of approval pursuant to Table 4.A.9.A, Thresholds for Projects Requiring DRO Approval, and Table 4.A.9.B, Thresholds for Projects Requiring Board of County Commissioners Approval, unless otherwise specified within the Supplementary Use Standards of the specific use. [Ord. 2021-023]
(3) The change in use for a previously approved non-residential structure shall be Permitted by Right, if in compliance with Art. 3.B.16.E.1, Right to Continue or Change Uses.
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B. General Industrial Standards
Reserved for future use.
C. Definitions and Supplementary Use Standards for Specific Uses
1. Contractor Storage Yard
a. Definition
The storage of construction material, mechanical equipment used in construction activity, or
commercial vehicles used by building trades and services, other than construction sites.
b. Overlay – WCRAO
1) Approval Process
The use shall be limited to the UG and UI Sub-areas of the WCRAO subject to Class A
Conditional Use approval.
2) Accessory Office
The use shall include a structure required to comply with the provisions of Table 3.B.14.F,
WCRAO Non-Residential and Mixed-Use Sub-area PDRs.
3) Non-Conformities
Uses approved prior to March 2, 2017 shall be considered legal conforming uses.
c. Home-based Business – AR/RSA
A limited Contractor Storage Yard may be allowed as a Home-based Business subject to the
requirements of Art. 4.B.1.E.11, Home-based Business. [Ord. 2018-002] [Ord. 2018-018]
1) Exception – AR/RSA Zoning District
A limited Contractor Storage Yard on a lot five acres or more, may be allowed as follows: [Ord.
2018-018]
a) Subject to a DRO approval through the ZAR process prior to issuance of a Business Tax
Receipt. [Ord. 2018-018]
b) A maximum of three persons living outside of the home may be employed under the DRO
approval. [Ord. 2018-018]
c) Hours of Operation
The loading or unloading, or movement of any stored vehicles, equipment, or other similar
activities, or additional employees shall be prohibited between the hours of 8:00 p.m. and
6:00 a.m.
d) Provided parking spaces for every employee vehicle is added to the site.
e) Outdoor Storage
(1) Semi-truck, trailer, or outside storage of equipment shall be screened from view from
any R-O-W or parcel of land with a residential FLU designation or use, through use of
opaque fences, walls, or existing or newly planted native vegetation; [Ord. 2018-018]
(2) No additional vegetation shall be required where equipment is screened from view
behind permitted opaque fences or other structures; [Ord. 2018-018]
(3) Outdoor storage shall be prohibited within the front yard, and shall be set back a
minimum of 25 feet; and, [Ord. 2018-018]
f) A maximum of three vehicles or equipment shall be permitted, unless the acreage
requirement is met. [Ord. 2018-018]
g) All vehicle parking or storage areas shall utilize improved surfaces such as asphalt,
pavement, or shell rock. [Ord. 2018-018]
h) Ownership
Permitted vehicles or equipment shall be owned or leased by the Home-based Business
license holder, except for semi-trucks operated by the license holder, that are stored not
more than two days per week at the home. [Ord. 2018-018]
i) Trucks and Equipment
The following vehicles or equipment owned by the business owner, may be allowed for
each additional ten acres, and in accordance with the outdoor storage provisions above:
[Ord. 2018-018]
(1) One semi-truck with or without trailer; or one dump truck; and [Ord. 2018-018]
(2) One trailer; and
(3) One item of heavy equipment, such as a bobcat or loader, but excluding large
equipment such as cranes.
2) Home-bases Business having Contractor Storage Yard shall be exempt from the
Incompatibility Buffer requirements. [Ord. 2018-018]
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Article 4 – Use Regulations
Page 94
2. Data and Information Processing
a. Definition
An establishment for business offices of an industrial nature, including corporate centers,
associated with uses such as: Manufacturing and Processing plants or similar industrial complexes;
mass/bulk mail processing; and, telemarketing centers. The use is often integrated into a campus-
style development, and not frequented by the general public. This term does not include such uses
as: Business or Professional Offices; computer-related Retail Sales establishments; and, Personal
Services and Medical or Dental Offices.
3. Distribution Facility
a. Definition
An establishment for the loading, unloading, and interchange of freight or package express
between modes of transportation.
b. Typical Uses
Typical uses include truck terminals, railroad depots and yards (including temporary storage), and
major mail processing centers.
c. Zoning Districts with a CH FLU Designation
A facility located in these zoning districts: CG, IRO, MUPD, or Commercial Pod of a PIPD shall
comply with the following additional requirements: [Ord. 2020-001] [Ord. 2021-023]
1) Outdoor Storage and activities shall be prohibited. [Ord. 2020-001]
2) When this use is proposed to replace a previously approved use, the Net Trips and Net Peak
Hour Trips must be equal to or less than the approved use. [Ord. 2020-001]
4. Equestrian Waste Management Facility
a. Definition
An establishment used for the recovery, recycling, or transfer of equestrian waste, provided used
bedding is limited to organic materials, such as wood shavings, chips or sawdust, straw or hay,
peat moss, or paper limited to newspapers, but excluding plastics, textiles, or sand. Recovery may
include collection, separation or sorting, or limited processing necessary to reduce volume, render
materials safe for transport, storage or disposal, or the cleaning and packaging of materials for
reuse. The facility may include manufacturing of products utilizing the equestrian waste including,
but not limited to, bedding, fertilizer, pellets, and logs. Transfer may include the transfer of
equestrian manure or bedding from smaller vehicles used for collection to larger vehicles for
shipment to another destination.
b. Glades and AGR Tiers
Equestrian Waste Management Facility shall be prohibited in the Glades Tier and the AGR Tier.
[Ord. 2018-018]
c. Location
Shall have the front or side street property line adjacent to an Arterial or Collector Street. Access
from either Local Residential or Residential Access Streets shall be prohibited. [Ord. 2021-006]
d. Separation Distance
An Equestrian Waste Management Facility shall be separated a minimum of 1,000 feet from a food
processing or packing plant. In addition to Art. 2.B.7.B.2, Standards, the BCC shall consider
whether the proposed 1,000-foot separation is adequate for this use at this location as part of the
findings for the final decision of the request. [Ord. 2018-018]
e. Collocated Use
Equestrian Waste Management Facility may be collocated with a Potting Soil Manufacturing,
Composting Facility, or Chipping and Mulching subject to a Class A Conditional Use approval, only
when located in a parcel with an industrial zoning district or FLU designation. [Ord. 2018-018]
f. Landscaping Adjacent to Residential
Any Equestrian Waste Management Facility located within 250 feet of a parcel with a residential
use or FLU designation, shall provide a Type 3 Incompatibility Buffer. This buffer shall be a
minimum of 30 feet in width, and shall consist of a two-foot-high berm, and double the number of
required trees, planted in two staggered rows. Where outdoor activities are permitted within this
distance but an Incompatibility Buffer is not required, the buffer shall also be upgraded to include a
minimum six-foot hedge, fence, or wall. Measurement shall be taken from property line of the facility
to the property line of the adjacent parcel of land. [Ord. 2018-018]
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Article 4 – Use Regulations
Page 95
g. Storage or Waste Processing Areas
1) Best Management Practices
All storage areas, including the temporary or overnight parking of loaded trucks or trailers, and
any outdoor waste processing areas, shall comply with Art. 5.J.3.A, Storage, related to Storage
or Spreading of Livestock Waste.
2) U/S Tier
Outdoor storage shall be prohibited in the U/S Tier.
3) Outdoor Storage
Where permitted, the pile height of equestrian waste shall not exceed 12 feet, and bollards
shall be provided to delineate pile locations and height, tied to a finished grade location
designated on site.
h. Application Requirements – Operation Functions
An application for an Equestrian Waste Management Facility shall include a Justification Statement
and supporting documentation demonstrating acceptable industry design, configuration, and
operational standards, including but not limited to:
1) Site Plan
The Site Plan shall illustrate how the operation functions including circulation routes; and the
location and size of loading and processing areas, and storage piles.
2) Waste Volume
An explanation of the quantity of waste to be received, expressed in cubic yards per day or
tons per day.
3) Dust Control Program
A program to address how dust generated from traffic, storage, and processing areas will be
managed pursuant to Art. 5.E.4.D.3, Dust and Particulate.
4) Odor and Pest Control Program
A program to address how odors and pests resulting from any vehicles transporting waste, or
storage and processing areas will be managed pursuant to Art. 5.E.4.D.4, Objectionable Odors.
5. Gas and Fuel, Wholesale
a. Definition
An establishment engaged in the storage of flammable or explosive gases or fuel for wholesale
distribution. [Ord. 2018-002]
b. Typical Uses
Wholesale Gas and Fuel may include but is not limited to the bulk storage, distribution, and
wholesaling of motor vehicle fuels, propane, natural gas, welding gases, or other similar materials.
[Ord. 2018-002]
c. Approval Process – Exception
Wholesale Gas and Fuel may be Permitted by Right subject to compliance with all of the following:
[Ord. 2018-002]
1) Limited to a maximum of 2,500 gallons or less or 2,000 gallons water capacity. [Ord. 2018-002]
2) Storage areas shall be located a minimum of 200 feet from any parcel supporting residential
uses or vacant parcels with a residential future land use designation. [Ord. 2018-002]
3) Bulk storage of flammable gases shall be prohibited unless approved by PBC Fire Rescue.
[Ord. 2018-002]
4) The Applicant shall submit a storage management plan for all flammable liquids or gases and
any non-flammable gases to include documentation demonstrating compliance with all
applicable U.S. Department of Labor, Occupational Safety and Health Hazard (OSHA)
standards, the National Fire Protection Association (NFPA) Compressed Gas and Cryongenic
Fluids Code, Compressed Gas Association (CGA) Safe Handling of Compressed Gases, and
any PBC Fire Rescue standards. [Ord. 2018-002]
d. Location
This use shall not be located within the PBIAO. [Ord. 2017-025]
e. Separation Distance
A separation distance shall be established between this use and any adjacent uses. The separation
distance shall be that prescribed by the PBC Fire Rescue Department based upon recognized
standards and guidelines.
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Article 4 – Use Regulations
Page 96
6. Heavy Industry
a. Definition
An establishment engaged in the basic processing and manufacturing of materials or products
predominately from extracted or raw materials, or a use engaged in storage of, or manufacturing
processes utilizing flammable, hazardous, or explosive materials, or processes which potentially
involve hazardous or commonly recognized offensive conditions.
b. Typical Uses
Typical uses include asphalt or concrete plant; manufacturing and warehousing of chemicals, dry
ice, fertilizers, fireworks and explosives, pulp and paper products, and radioactive materials; fat
rendering plants; slaughterhouses and tanneries; and, steel works.
c. FLU Designation – EDC and CMR
Heavy Industry shall be prohibited in the EDC and CMR FLU designations. [Ord. 2023-011]
d. Fireworks
The retail sale of fireworks from a permanent fireworks storage facility or establishment shall be
limited to an accessory use.
7. Machine or Welding Shop
a. Definition
A workshop where machines, machine parts, or other metal products are fabricated. Typical uses
include machine shops, welding shops, tool and die fabrication, and sheet metal shops.
8. Manufacturing and Processing
a. Definition
An establishment engaged in the manufacture of products, including processing, fabrication,
assembly, treatment, and packaging of such products. This use also includes incidental storage,
sales, and distribution of such products, but excludes heavy industrial processing. [Ord. 2023-011]
b. Typical Uses
Typical uses include factories, large-scale production, publishing, and food and beverage
manufacture and processing. [Ord. 2023-011]
c. Zoning Districts with a CH FLU Designation
A facility located in these zoning districts: CG, IRO, MUPD, or Commercial Pod of a PIPD shall
comply with the following additional requirements: [Ord. 2020-001] [Ord. 2021-023]
1) Outdoor Storage shall be prohibited. [Ord. 2020-001] [Ord. 2023-011]
d. Heavy Industry Manufacturing and Processing
A facility engaged in manufacturing and/or processing that causes or results in the dissemination
of dust, smoke, fumes, odor, noise, vibration, light, or other potentially objectionable effects beyond
the boundaries of the lot on which the use is conducted shall be considered a “Heavy Industry” use.
Heavy industrial uses can include those that engage in the processing, manufacturing, or storage
of flammable, hazardous, or explosive materials or products, or processes which potentially involve
hazardous or commonly recognized offensive conditions. [Ord. 2023-011]
e. Brewery-Distillery
A Brewery-Distillery is a Manufacturing and Processing use primarily engaged in the
manufacturing, purifying, bottling, and distribution of alcoholic beverage products. [Ord. 2023-011]
1) No drive-up, drive-through, or drive-in facilities shall be allowed. [Ord. 2023-011]
2) No food or beverage service is allowed on premises on sites with an IND, EDC, or CMR FLU
designation unless approved with a Taproom. [Ord. 2023-011]
3) Taproom
A Brewery-Distillery allows a Taproom (also called Tasting Room) for
consumption of
beverages by the public on the premises, including indoor and outdoor
seating areas and event
hosting, subject to the following: [Ord. 2023-011]
a) Approval Process
A Brewery-Distillery Manufacturing and Processing use with MUPD or PIPD zoning may
include a Taproom on up to 30 percent of the gross floor area, including square footage for
outdoor dining, for that establishment by Class A Conditional Use approval. [Ord. 2023-
011]
b) Location
The MUPD or PIPD shall front an Arterial Street. In addition, in the Agricultural Reserve
Tier, development shall be limited to sites fronting Boynton Beach Boulevard or Atlantic
Avenue east of SR 7. [Ord. 2023-011]
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Article 4 – Use Regulations
Page 97
c) Hours of Operation
Hours for the Taproom, tasting room, and/or facility tours shall not be open to the public
after 10:00 p.m., except Fridays and Saturdays, whereby it may remain open until 11:00
p.m. [Ord. 2023-011]
d) Separation
The Taproom shall not be located within 500 feet from a School as required by F.S. §
562.45, as periodically amended. [Ord. 2023-011]
e) Parking
The Taproom shall be subject to the parking requirements for a Cocktail Lounge. [Ord.
2023-011]
f) Food Service
Food service and preparation is allowed within the Taproom. Mobile Retail Sales limited to
selling food (e.g., food trucks) are allowed. [Ord. 2023-011]
9. Medical or Dental Laboratory
a. Definition
An establishment for the construction or repair of medical equipment, such as dental, optical,
orthopedic, or prosthetic devices; or medical testing laboratories primarily engaged in providing
analytic or diagnostic services exclusively on the written work order of a licensed member of the
medical profession and not for the public.
10. Multi-Media Production
a. Definition
The use of a lot or building for the production of films or videos such as digital, audio, and motion
pictures; production or broadcasting of television, radio, or internet programs; or, recording of
music.
b. Typical Uses
Typical uses include but are not limited to: film laboratories, stock footage film libraries, mass video
publication, broadcasting studios, or soundstages.
c. Approval Process
Indoor Multi-Media Production establishments shall be Permitted by Right in the zoning districts
where the use is allowed.
d. Transmission Facilities
Communication towers, antennas, and satellite dishes shall be subject to the applicable approval
and Supplementary Standards contained in this Code.
e. Film Permit in Public Properties
Films in public properties such as parks, beaches, rights-of-way, or public buildings are not subject
to these standards. Permits are issued by the Film and Television Commission.
11. Recycling Center
a. Definition
A permanent facility designed and used for collecting, purchasing, storing, dropping off, and
redistributing of pre-sorted, recovered materials that are not intended for disposal.
b. Approval Process – DRO
A Recycling Center that is subject to a Class A Conditional Use approval may be approved by the
DRO, provided that the use complies with one of the following:
1) Located completely within enclosed buildings; or
2) The use shall be located a minimum of 500 feet from a parcel with a residential, civic,
institutional, recreation, or conservation FLU designation, zoning district, or use.
c. Location
Shall have the front or side street property line adjacent to an Arterial or Collector Street. Access
from either Local Residential or Residential Access Streets shall be prohibited. [Ord. 2021-006]
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Page 98
d. Operation Functions
The Zoning application shall include a Justification Statement and supporting documentation
demonstrating acceptable industry design, configuration, and operational standards, based on the
type of materials stored. The supporting documentation shall include but not limited to the following:
1) Site Plan
The Site Plan shall illustrate how the operation functions including circulation routes; and the
location of the operation areas and storage piles.
2) Dust Control
A plan to address how dust generated from traffic and storage areas will be managed pursuant
to Art. 5.E.4.D.3, Dust and Particulate.
3) SWA Permit
Prior to operation of the facility, the owner or operator shall obtain a SWA Permit.
12. Recycling Plant
a. Definition
An establishment used for the recovery of non-hazardous recyclable materials that are not intended
for disposal to be collected, separated and sorted, or processed, for reuse. Recyclable materials
include construction and demolition debris, plastic, glass, metal, all grades of paper, textiles, or
rubber.
b. Approval Process
A Recycling Plant requiring Class A Conditional Use approval may be approved by the DRO subject
to the following:
1) When surrounded by parcels having an IND FLU designation that are vacant or developed with
industrial uses providing a 500-foot separation between the use and any parcels having a
residential, civic, recreation, or conservation FLU designation or use; or
2) When all recycling activities are located within enclosed structures that have no openings
oriented or visible from surrounding parcels having a residential, civic, recreation, or
conservation FLU designation or use.
c. Access
Access from Local Residential or Residential Access Streets shall be prohibited. Entrances shall
be gated to prevent access from unauthorized persons. [Ord. 2021-006]
d. Setbacks
No part of a Recycling Plant and its accessory ramps, on-site circulation system, or storage areas
shall be located within 50 feet of any property line, unless adjacent to another property with an IND
FLU designation that is vacant or has an existing industrial use.
e. Lot Size
The minimum lot size shall be five acres for any Recycling Plant with outdoor activities.
f. Drainage
Untreated surface water runoff shall not be permitted to discharge directly into lakes, streams,
drainage canals, or navigable waterways other than into or through approved on-site containment
areas.
g. Storage Areas
All outdoor storage of recyclable materials shall be in leak-proof containers or located on a paved
area that is designed to capture all potential runoff associated with the stored material. Runoff shall
be handled in a manner that is in conformance with Local, State, and Federal regulations.
h. SWA Permit
Verification that the Applicant has obtained a permit from and posted a bond with the SWA prior to
Final Site Plan approval or Building Permit, whichever occurs first.
13. Research and Development
a. Definition
An establishment engaged in industrial, scientific, or medical research, testing, and analysis.
b. Typical Uses
Typical uses include natural science/manufacturing research facilities, bioscience
research/biotechnology, and product testing/quality control facilities.
c. Overlay – Bioscience Research Protection Overlay (BRPO)
A Research and Development establishment located in the BRPO shall not be subject to the
limitations of Table 4.A.9.B, Thresholds for Projects Requiring Board of County Commissioners
Approval.
d. Outdoor Activities
Outdoor manufacturing, processing, or testing shall be limited to industrial zoning districts only.
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Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 99
14. Salvage or Junk Yard
a. Definition
An establishment used primarily for the collecting, storage, and sale of scrap metal or discard
material; or for the collecting, dismantling, storage, and salvaging of machinery or vehicles not in
running condition; or for the sale of parts thereof. Salvage may also include architectural salvage
which consists of building materials and fixtures recovered prior to the demolition of buildings or
structures.
b. Approval Process
Architectural salvage may be allowed subject to DRO approval in the following zoning districts:
1) IL or IG with an IND FLU designation; [Ord. 2023-011]
2) MUPD with an IND FLU designation; or,
3) IND/L or IND/G Pod of a PIPD.
15. Towing Service and Storage
a. Definition
The use of a portion of an establishment for the temporary storage of operable or inoperable
vehicles in conjunction with a commercial towing service. This shall not include retail sales, repair,
or salvage of towed vehicles occurring within the storage area.
16. Truck Stop
a. Definition
An establishment which provides services primarily for transient commercial vehicle operators,
such as fueling, day, and overnight parking. A Truck Stop may also serve other travelers.
b. Location
Shall have a minimum of 200 linear feet of the front or side street property line adjacent to an
Arterial Street. [Ord. 2021-006]
c. Lot Size
Shall be a minimum of five acres.
d. Setbacks
Parking areas, parking spaces, maneuvering areas, and drive aisles, shall be set back a minimum
of 200 feet from any existing residential use, zoning district, or FLU designation.
e. Landscaping
Incompatibility Buffers shall be required adjacent to an existing residential use, zoning district, or
FLU designation. The buffer shall include a six-foot-high berm with a six-foot-high opaque wall or
fence installed at the plateau of the berm. Variances may be requested from these requirements.
f. Collocated Uses
For purposes of this Section, collocated uses shall mean a use that is mainly oriented to serving
transient commercial vehicle operators. The following collocated uses shall be allowed in
conjunction with a Truck Stop subject to DRO approval:
1) Type 1 Restaurant;
2) Type 2 Restaurant;
4) Car Wash;
5) Hotel or Motel;
6) Personal Services;
7) Financial Institution;
8) Financial Institution with Drive-Through Facilities;
9) Financial Institution – Freestanding ATM;
10) Gas and Fuel Sales, Retail;
11) Laundry Service; and,
12) Retail Sales.
g. Site Design
The site shall be designed to ensure the provision of adequate vehicular circulation and parking
patterns. Collocated uses listed above shall be designed and located to mainly serve transient
commercial vehicle operators.
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Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 100
17. Warehouse
a. Definition
An establishment used for the storage of raw materials, equipment, or products.
b. Typical Uses
Typical uses include moving companies, cold storage, and dead storage facilities, but excludes
Self-Service Storage facilities.
c. Overlay – WCRAO
Office/Warehouse uses shall be allowed as specified in Table 3.B.14.E, WCRAO Sub-area Use
Regulations. The Office/Warehouse development shall have a minimum of 25 percent office space
per gross floor area for each bay.
d. Zoning Districts with a CH FLU Designation
A facility located in these zoning districts: CG, IRO, MUPD, or Commercial Pod of a PIPD shall
comply with the following additional requirements: [Ord. 2020-001] [Ord. 2021-023]
1) Outdoor Storage and activities shall be prohibited. [Ord. 2020-001]
e. Accessory Use
1) Office
Unless approved as a Class A Conditional Use, or as specified in the Overlay – WCRAO
standard, office space in each Warehouse bay shall be a maximum of 30 percent of the GFA
of that bay. [Ord. 2020-001]
2) General Retail
Sales shall be prohibited, except where allowed in conjunction with flex space. [Ord. 2020-001]
[Ord. 2021-006]
18. Wholesaling
a. Definition
An establishment engaged in: the maintenance and display of inventories of goods for distribution
and sale of goods to other firms for resale; or the supplying of goods to various trades such as
landscapers, construction contractors, wholesale building supplies, institutions, industries, or
professional businesses. These establishments also sort and grade goods from large to small lots,
and engage in delivery. This use excludes vehicle sales, and the wholesaling of nursery supplies,
and gas and fuel.
b. Zoning Districts with a CH FLU Designation
A facility located in these zoning districts: CG, IRO, MUPD, or Commercial Pod of a PIPD shall
comply with the following additional requirements: [Ord. 2020-001] [Ord. 2021-023]
1) Outdoor Storage and activities shall be prohibited. [Ord. 2020-001]
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 101
Section 6 Agricultural Uses
A. Agricultural Use Matrix
Table 4.B.6.A – Agricultural Use Matrix
Standard Zoning Districts
Use Type
Planned Development Districts (PDDs) Traditional Development Districts (TDDs)
AG/CON Residential Commercial
C
M
R
IND INST
PUD MUPD PIPD M R TND TMD
Pods FLU Pods H V Tier
P A A AR R R R R C C C C C C URAO IRO I I I P I R C R C A C C C C C I E C I I C I P P
U/S
Exurban/
Rural
U E
AGR
C G P R U E T S M N L C H G R U U U U U FLU L L G O P E O E I G L H L H R N D M N N O N D D S X
R S S O O E C C C I I C C C C F S M C V R O O D C R S D M D R N O R N O R D P
A A 1 2 3 1 2 L L H H / T / / E C S E C S U E R
O O P L G S R S R R V E
E E A S
Supplementary Use
Standards #
C C L
Agricultural Uses (3)
- P P P P A A A A A A A A A A - - - - - - - - - P A A P A Agriculture, Bona Fide 1 - - - - P - - - - - - - P - - - - - - - - - - - - - - - P
- D D A - - - - - - - - - - - - - - - - - - - - P P P - - Agriculture, Light Manufacturing 2 - - - - - - - - - - - - P - - - - - - - - - - - - - - - -
- D D A - - - - - - - - - A - - - - - - - - - P D D - - Agriculture, Packing Plant 3 - - - - A - - - - - - - P - - - - - - - - - - - - - - - -
-
-
P
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Agriculture, Renewable Fuels Production
4
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
- D D - - - - - - - - - - - - - - - - - - - - - P P P P B Agriculture, Research and Development 5 - - - - - P P P P P P P P P P - P - - - - - - - - - - - -
- B - - - - - - - - - A - P - - - - - - D - D - - - - - - Agriculture, Sales and Service 6 - - - - - - P - - - - - - - - P - - - - - - - - - - - P -
- P P P P D D D D P - P - P - - - - - - - - - - - P P P P Agriculture, Storage 7 - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- D D - - - - - - - - - - - - - - - - - - - - - P D P - - Agriculture, Transshipment 8 - - - - - - - - - - P P P - P - P - - - - - - - - - - - -
- P P P P - - - - - - - - - - - - - - - - - - - - - - - - Aviculture, Hobby Breeder 9 - - - - P - - - - - - - - - - - - - - - - - - - - - - - -
- P P P P P P P P P P P P P P
D
(4)
D
(4)
D
(4)
D
(4)
D
(4)
- - - - P P P P P Community Vegetable Garden 10 P D - P P P P - - - P P P P - - - P P P P P P P P P P P P
- D - B B B - - - A A B B B P - - - - - - - - - - B B D D Equestrian Arena, Commercial 11 - - - A - - - - - P - - - - - - - - - - - - - - - - - - -
- D - D - - - - - P - P - P -
D
(4)
D
(4)
D
(4)
D
(4)
D
(4)
D - D - - P P P D Farmers Market 12 - - - - - - P - - P - - - - P P P - - - - - - - - - - - -
[Ord. 2017
-007] [Ord. 2017-025] [Ord. 2018-002] [Ord. 2021-023] [Ord. 2023-009] [Ord. 2023-011]
Use Approval Process Key:
P Permitted by Right
D Subject to DRO approval A Subject to BCC approval (Class A Conditional Use)
B Subject to Zoning Commission approval (Class B Conditional Use) - Prohibited use, unless stated otherwise within Supplementary Use Standards
(1) Policy and Procedures Manual (PPM) # Multiple Department (MD)-RI-002, Processing Building Permit and Zoning Applications for Farms, guides PZB Staff in determining the preemptive effect of State law. This PPM is available upon request at Planning, Zoning and Building Department.
(2) Supplementary Use Standards for each use must be reviewed regardless of the approval process set forth in the Use Matrix. Refer to the numbers in the Supplementary Use Standards column.
(3) Uses may require a higher level of approval pursuant to Table 4.A.9.A, Thresholds for Projects Requiring DRO Approval, and Table 4.A.9.B, Thresholds for Projects Requiring Board of County Commissioners Approval, unless otherwise specified within the Supplementary Use Standards of the specific use. [Ord. 2021-023]
(4) The change in use for a previously approved non-residential structure shall be Permitted by Right, if in compliance with Art. 3.B.16.E.1, Right to Continue or Change Uses.
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 102
Table 4.B.6.A – Agricultural Use Matrix
Standard Zoning Districts
Use Type
Planned Development Districts (PDDs) Traditional Development Districts (TDDs)
AG/CON Residential Commercial
C
M
R
IND INST
PUD MUPD PIPD M R TND TMD
Pods FLU Pods H V Tier
P A A AR R R R R C C C C C C URAO IRO I I I P I R C R C A C C C C C I E C I I C I P P
U/S
Exurban/
Rural
U E
AGR
C G P R U E T S M N L C H G R U U U U U FLU L L G O P E O E I G L H L H R N D M N N O N D D S X
R S S O O E C C C I I C C C C F S M C V R O O D C R S D M D R N O R N O R D P
A A 1 2 3 1 2 L L H H / T / / E C S E C S U E R
O O P L G S R S R R V E
E E A S
Supplementary Use
Standards #
C C L
Agricultural Uses (3)
- P - B A A A A A P - P - P - D D D D D - - - - D B B - - Nursery, Retail 13 - P - - P - P - - - - - D - - P - - - - P - - P - P P P -
- P P D B B B B B B - P - P P - - - - - - - - - P P P P - Nursery, Wholesale 14 - - - - P - - - - - - - P - P - P - - - - - - - - - - - D
- D D - - - - - - - - - - - - - - - - - - - - - - B D P - Potting Soil Manufacturing 15 - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- D D D D A A A A D D D D D D D D D D D - - - - - D D D D Produce Stand 16 - - - - - - - - - - - - - - - - - - - - P - - P - D D D D
- P P P P P P P P P P P P P P - - - - - - - - - - P P P P Shade House 17 - - - - P - - - - - - - - - - - - - - - - - - - - - - - -
- D D D D A A A A B B D D D P - - - - - - - - - - D D D D Stable, Commercial 18 - - - - P - - - - P - - - - - - - - - - - - - - - - - - D
- P P P P P B B B - - - - - - - - - - - - - - - - - - - - Stable, Private 19 P - - - P - - - - - - - - - - - - - - P - - P - - - - - P
- - P - - - - - - - - - - - - - - - - - - - - - - - A - - Sugar Mill or Refinery 20 - - - - - - - - - - - - - - - - P - - - - - - - - - - - -
[Ord. 2017
-007] [Ord. 2017-025] [Ord. 2018-002] [Ord. 2021-023] [Ord. 2023-011]
Use Approval Process Key:
P Permitted by Right
D Subject to DRO approval A Subject to BCC approval (Class A Conditional Use)
B Subject to Zoning Commission approval (Class B Conditional Use) - Prohibited use, unless stated otherwise within Supplementary Use Standards
(1) Policy and Procedures Manual (PPM) # Multiple Department (MD)-RI-002, Processing Building Permit and Zoning Applications for Farms, guides PZB Staff in determining the preemptive effect of State law. This PPM is available upon request at Planning, Zoning and Building Department.
(2) Supplementary Use Standards for each use must be reviewed regardless of the approval process set forth in the Use Matrix. Refer to the numbers in the Supplementary Use Standards column.
(3) Uses may require a higher level of approval pursuant to Table 4.A.9.A, Thresholds for Projects Requiring DRO Approval, and Table 4.A.9.B, Thresholds for Projects Requiring Board of County Commissioners Approval, unless otherwise specified within the Supplementary Use Standards of the specific use. [Ord. 2021-023]
(4) The change in use for a previously approved non-residential structure shall be Permitted by Right, if in compliance with Art. 3.B.16.E.1, Right to Continue or Change Uses.
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 103
B. General Agricultural Standards
Reserved for future use.
C. Definitions and Supplementary Use Standards for Specific Uses
1. Agriculture, Bona Fide
a. Definition
Any plot of land where the principal use consists of the growing, cultivating, and harvesting of crops;
the raising of animals, inclusive of aviculture, aquaculture, horses, and livestock; the production of
animal products such as eggs, honey, or dairy products; or, the raising of plant material. The
following standards shall apply to a Bona Fide Agriculture use, except where preempted by State
law.
b. Groves and Row Crops
The cultivation of fruits and vegetables as groves and row crops shall be subject to the following
additional standards in all zoning districts: [Ord. 2023-009]
1) Lot Size
A minimum of five acres.
2) Setback
Structures and accessory activities shall be set back a minimum of 50 feet.
3) Hours of Operation
Operation of commercial vehicles over one ton rated capacity or gross vehicle weight of 10,000
pounds, including load, from 7:00 p.m. to 6:00 a.m. is prohibited.
4) Loading
All loading and unloading of trucks shall be restricted to the site and shall not be permitted in
any setbacks.
5) Spraying
No aerial application of any pesticides, fungicides, fertilizers, or any other chemical shall be
allowed.
c. Dipping Vats
Dipping vats shall not be allowed in the AR Zoning District, unless approved as a Class B
Conditional Use.
d. Pens and Cages
In the AR and AGR Zoning Districts, pens, cages, or structures shall meet the district setbacks for
a principal use, or be set back a minimum of 50 feet from any property line, whichever is greater.
e. Game and Exotic Animals
The Florida Fish and Wildlife Conservation Commission (FWC) regulates game farms or game
animal care for private or commercial purposes.
1) Exotic Animals
Care for exotic animals (imported or non-native animal species) for private or commercial
breeding purposes shall have a minimum lot size of five acres.
2) Dangerous or Class 1 and 2 Animals
Ownership, care, or keeping of dangerous or Class 1 and 2 animals, as defined by the FWC,
shall require Class A Conditional Use approval and shall have a minimum lot size of five acres.
[Ord. 2023-009]
f. Livestock Raising
The breeding, raising, and caring for horses, poultry, and livestock. [Ord. 2023-009]
1) Residential Zoning Districts
a) Lot Size
A minimum of one acre. [Ord. 2023-009]
g. Agritourism
Refer to F.S. § 570.85-§ 87 for applicability. [Ord. 2019-034]
h. Accessory Agricultural Uses
These uses include “U-Pick-Em” operations; sale of on-site produced products; corrals; pens;
training facilities; dipping vats; processing of raw material; storage sheds; repair, fabrication, body
work, and welding of agricultural equipment; freestanding coolers; bulk storage of petroleum
products; shipping containers used for temporary storage; washing, cutting, and packing of farm
products; canning, dehydration, and basic preparation of raw food products prior to shipment; and,
outdoor storage of equipment.
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 104
i. Agriculture Marketplace
A use that is accessory, incidental and subordinate, to a Bona Fide Agriculture use in the AGR Tier,
conducted to allow for the sale of agricultural products or enhanced opportunities for visitors, which
generates income for the owner or operator of the Bona Fide Agriculture use, adding economic
viability to farming operations.
1) Approval Process
Class A Conditional Use.
2) Location Criteria
a) Tier and Zoning District
AGR Tier and Zoning District only.
b) Location
The Agriculture Marketplace shall be located adjacent to an Arterial Road designated on
the PBC Functional Classification of Roads Map.
c) Proximity to Residential Uses
The parcel or area designated on the Final Site Plan for an Agriculture Marketplace shall
be located at least 500 feet measured from the property line, if adjacent to existing
residential uses, or approvals for PUD or TMD Development Areas with residential uses.
3) Minimum Acreage and Production
May be allowed if the land area has a minimum of 75 contiguous acres. A Unity of Control shall
be required at the time for the approval of the Class A Conditional Use.
a) Agricultural Reserve Parcels
The minimum acreage requirements may include parcels under an agricultural
conservation easement, identified as an AGR-PUD Preserve or AGR-TMD Preserve, or
other similar protections, provided that the Agriculture Marketplace is not located on those
parcels.
b) Agricultural Production
A minimum of 70 percent of the overall land area must meet the requirements for Bona
Fide Agriculture.
4) Use Limitations and Sale of Products
The area designated as an Agriculture Marketplace shall be limited to the retail sale of
agricultural products such as fruits, vegetables, flowers, containerized house plants, and other
agricultural food products such as jelly, jam, honey, and juice. This shall not preclude any
structures from being used for the coordination of activities for permitted collocated uses, or
other accessory, educational, or recreational uses permitted on the Bona Fide Agriculture
operation. The sale of grocery or convenience-type foods or products shall not be permitted
nor shall vending machines or other similar equipment be permitted, unless stated otherwise
herein.
a) Floor Area
A maximum of 24,000 square feet of GFA, including outdoor display areas. The floor area
shall not include any FAR transferred from the portions of the site that are dedicated to
Bona Fide Agriculture production or otherwise encumbered with a conservation easement,
Preserve Area, or other similar protection.
b) Outdoor Open Space Area
Areas set aside as outdoor open space for collocated uses and outdoor permanent
activities shall be limited to a maximum of 12,000 square feet. Permanent shelters, such
as Seminole chickee huts shall be limited to a maximum of 2,000 square feet.
c) Collocated Uses
Additional uses may be permitted subject to compliance with the Supplementary Use
Standards for each use and the following:
(1) General Retail Sales
Ten percent or 2,000 square feet, whichever is less, of the GFA of the Agriculture
Marketplace may be devoted to General Retail Sales. There shall be no exterior
signage advertising to the public of the sale of grocery or other retail products. Approval
shall be part of the Class A Conditional Use.
(2) Permanent Green Market
Subject to DRO approval. An Open Flea Market may be permitted in conjunction with
a Green Market. The Open Flea Market shall be limited to ten percent of the total
square footage of the Permanent Green Market.
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 105
(3) Retail Sales, Mobile or Temporary and Special Event
Mobile sales shall be permitted subject to approval of a Temporary Use through the
ZAR process. [Ord. 2018-002]
d) Outdoor Permanent Activities
Activities shall be clearly shown and labeled on the Site Plan and shall function with other
uses on the site. Impacts from these uses, including but not limited to, traffic, parking,
restrooms, or nuisances, shall be addressed as part of the Class A Conditional Use
approval. The BCC may impose Conditions of Approval to address these activities.
Additional activities, such as: cooking classes and charity events, shall be Permitted by
Right, subject to the following:
(1) Shall be located within the GFA of the Agriculture Marketplace or permitted outdoor
open space areas;
(2) The maximum number of participants, including a combination of special activities,
shall not exceed 50 attendees; and,
(3) Overflow parking is provided. A minimum of one parking space shall be provided for
each three attendees. This shall require the posting of adequate on-site directional
signage to preclude any inappropriate parking activity, such as parking in rights-of-way
or on adjacent properties.
e) Outdoor Display
Shall be limited to agricultural products only, located along the property’s frontage or other
area, except within required setbacks.
f) Storage
Motor vehicles, including vans, trucks, semi-trucks, mobile homes, travel trailers, and other
permanent or temporary structures shall not be used for storage or display purposes.
g) Parking
Off-site parking within a public or private R-O-W, or to areas accessed by other than an
approved access way, shall be prohibited.
h) Hours of Operation
(1) 8:00 a.m. to 6:00 p.m. Monday through Saturday; and
(2) 10:00 a.m. to 6:00 p.m. Sunday.
j. Landscape Curbing
A Bona Fide Agriculture use may use railroad ties or landscape lumber as an alternate to the
curbing requirement in Art. 7.C.4.E.2, Alternative to Curbing.
k. Barbed Wire in AGR, AP, and AR Zoning Districts; and AGR-PDD Preserve Parcels
1) Barbed wire may be installed pursuant to Art. 5.B.1.A.2.e, Dangerous Materials.
2) In the AR Zoning District with any Bona Fide Agriculture use, other than Nurseries, provided it
is set back a minimum of 25 feet from any property line.
2. Agriculture, Light Manufacturing
a. Definition
An accessory agricultural use for the manufacturing of products related to agricultural operations,
such as fencing, pallets, crates, or containers. Product components are predominantly assembled
from previously prepared materials or finished parts. Manufacturing includes processing,
fabrication, assembly, treatment, and packaging of such products, and accessory storage and
distribution, but excludes heavy industrial processing or manufacturing.
b. Setbacks
A minimum 100-foot setback shall be required adjacent to a residential zoning district.
c. Accessory Use
Light Agricultural Manufacturing operations may be allowed as an accessory use to a related Bona
Fide Agriculture use on the same property provided it does not exceed 25,000 square feet.
d. Landscaping
An Incompatibility Buffer may be omitted if the use is adjacent to Farm Workers Quarters or a
Mobile Home accessory to agriculture.
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 106
3. Agriculture, Packing Plant
a. Definition
A facility used for the packing of produce not necessarily grown on site.
b. Typical Activities
Activities may also include canning, dehydration, washing, cutting, or basic preparation of raw
produce prior to shipment.
c. Approval Process – AR/RSA Zoning District
May be permitted in the AR/RSA Zoning District with an SA FLU, subject to a Class A Conditional
Use approval.
d. Zoning District – AGR-PUD Preserve Area
An Agricultural Packing Plant located in an AGR Preserve Area, including where permitted as an
accessory use as specified above, shall comply with the following:
1) Located on a roadway classified as an Arterial Street on Map TE 3.1, Functional Classification
of Roads; and
2) Located on or adjacent to active agricultural crop production.
e. Setbacks
A minimum of 100 feet along all property lines which are adjacent to a residential zoning district.
f. Accessory Use
A packing plant in the AP and AGR Zoning Districts, or the Preserve Area of an AGR-PUD, may
be allowed as an accessory use to a related farm use on the same property, provided it does not
exceed 25,000 square feet.
g. Landscaping
An Incompatibility Buffer as required by Art. 7.C.2.C, Incompatibility Buffer, may be omitted if the
use is adjacent to Farm Workers Quarters or a Mobile Home accessory to a farm use.
h. Storage
Only equipment directly related to the facility shall be stored on the site. All stored equipment shall
be screened from view from adjacent properties and streets.
4. Agriculture, Renewable Fuels Production
a. Definition
Any facility using biomass as its principal source of feed stock for the production of renewable fuel
or fuels and other related renewable products including but not limited to ethanol or fuel ethanol.
b. Setbacks
The facility shall be located a minimum of 750 feet away from parcels with a residential zoning or
future land use designation that accommodate an existing residential structure.
c. Review Procedures and Standards
1) The Applicant shall submit a Site Plan, for informational purposes only, to the Zoning Division
prior to Building Permit application. The Site Plan shall be consistent with the requirements
indicated in the Technical Requirements Manual.
2) The owner or operator shall obtain the required approval and permits from all applicable
Federal, State, and Local agencies prior to operating the facility.
3) The owner or operator shall perform a daily visual inspection of all wood material and similar
vegetative matter to be used as feed stock.
4) Any toxic or hazardous waste generated at the site shall be handled pursuant to Chapter 62-
730, F.A.C.
d. Prohibitions
1) The generation of toxic or hazardous waste effluent into the sanitary system shall be prohibited
unless adequate pretreatment facilities have been constructed and are being utilized. The
pretreatment facilities are subject to approval by DEP and the appropriate sewage works
provider.
2) Feed stock observed to contain prohibited materials shall not be used.
e. Separation Distance
Facilities shall be separated two miles from an existing agricultural-related use.
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 107
5. Agriculture, Research and Development
a. Definition
The use of land or buildings for agriculture research and the cultivation of new agricultural products.
b. Approval Process – AR/RSA Zoning District
May be permitted in the AR/RSA Zoning District with an SA FLU subject to a Class B Conditional
Use approval.
c. Outdoor Activities
Outdoor research, testing, or development of agricultural products shall be limited to industrial
zoning districts only.
d. Landscape
A Bona Fide Agriculture use may use railroad ties or landscape lumber as an alternate to the
curbing requirement in Art. 7.C.4.E.2, Alternative to Curbing.
6. Agriculture, Sales and Service
a. Definition
An establishment primarily engaged in the sale or rental of farm tools, small implements, and
farming equipment such as pickers and mowers; sale of livestock, feed, grain, tack, riding attire,
animal care products, farm supplies, and the like:
b. Approval Process – AR/RSA Zoning District
May be permitted in the AR/RSA Zoning District with an SA FLU, subject to a Class A Conditional
Use approval.
c. Storage
All storage areas for Agricultural Sales and Service uses shall be enclosed or completely screened
from view. A maximum of five tractor-trailers used for the transport of farm products may be stored
outside if they are completely screened from view from adjacent properties and streets.
d. Grocery Sales
Five percent or 1,000 square feet, whichever is less, of the merchandise sales area use may be
devoted to retail grocery sales. Shelves, floor area, counter space, and overhead display areas
shall be included in the calculation of the grocery sales area. There shall be no exterior signage
and no external evidence of the availability of grocery products for sale.
e. Repair Service
Service of small implements only shall be permitted in an enclosed area that is completely screened
from view from adjacent properties and set back a minimum of 25 feet from any side or rear property
line. Repair activities shall occur only between the hours of 7:00 a.m. and 9:00 p.m.
7. Agriculture, Storage
a. Definition
The storage of equipment or products accessory or incidental to a principal agricultural use.
b. Storage
1) Storage of hazardous waste or Regulated Substances shall comply with Local, State, and
Federal regulations.
2) Outdoor Agricultural Storage
Outdoor Agricultural Storage is only permitted in the RE, RT, RS, RM, CN, CC, and CG Zoning
Districts as a Class B Conditional Use. [Ord. 2023-009]
(a) Exception
Outdoor Agricultural Storage is not permitted in a PDD with a commercial FLU designation.
3) Indoor Agricultural Storage shall be permitted in conjunction with a Bona Fide Agriculture use
with or without a principal structure. Indoor storage shall be contained within a permanent
structure. Agricultural Storage in a Mobile Home shall not be permitted. Agricultural Storage in
a shipping container shall only be permitted in conjunction with a Bona Fide Agriculture use.
[Ord. 2023-009]
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 108
8. Agriculture, Transshipment
a. Definition
A facility engaged in the transferring of agricultural products between two modes of transport, such
as from a truck to a railroad car or from local vehicles to long-haul trucks.
b. Zoning District – AGR and AP
1) Accessory Use
Agricultural Transshipment facilities not exceeding 25,000 square feet shall be permitted as an
accessory use.
2) Setback
A minimum 100-foot setback shall be required along all property lines which are adjacent to an
existing residential use, zoning district, or FLU designation as of the effective date of this Code
excluding Farm Workers Quarters and Mobile Homes accessory to agriculture.
9. Aviculture, Hobby Breeder
a. Definition
The raising and care of birds in captivity.
b. Lot Size
The minimum lot size shall be as follows:
1) Two acres: 40 to 200 birds.
2) Five acres: 201 or more birds.
c. Hobby Breeder
1) AR/USA
The raising of birds as a hobby in the AR/USA shall be permitted subject to the following:
a) The hobby breeder shall not engage in the sale of more than 24 birds to the public during
any consecutive 12-month period;
b) The hobby breeder shall not provide care for more than 40 birds on a parcel of land at any
time;
c) A minimum lot size of two acres;
d) Shelters, cages, and accessory structures shall be set back a minimum of 50 feet from all
property lines;
e) Outdoor shelters and cages shall be contained to specific areas on the site and screened
from view on all sides by a minimum six-foot-high opaque fence or wall. The fence or wall
shall be located within 20 feet of the containment area;
f) The hobby breeder shall locate birds which excessively screech, chirp, crow, or make loud
noises away from residential properties to the maximum extent possible. Birds considered
a nuisance by the Sheriff’s Office shall be removed from the site; and,
g) Care, licensing, registration, and inspections shall be as required by the Animal Care and
Control Ordinance and other applicable Statutes.
10. Community Vegetable Garden
a. Definition
A plot of land used primarily as a vegetable garden which is cultivated and harvested by a group of
residents from the surrounding area.
b. Setbacks
Accessory activities shall maintain a setback of five feet from all property lines adjacent to
residential zoning districts. [Ord. 2019-005]
c. Accessory Structures
1) Accessory structures shall be limited to 400 square feet.
2) Accessory structures shall meet the setbacks of the zoning district in which the parcel is
located. [Ord. 2019-005]
d. Parking
Overnight parking shall be prohibited.
e. Loading
All loading and unloading activities shall be restricted to the site and shall not encroach into any
setbacks.
f. Landscaping
Shall be exempt from Art. 7, Landscaping, when located in the WCRAO or CCRT areas. [Ord.
2019-005]
g. Storage
Outdoor storage shall be prohibited. Storage of all accessory equipment or products shall be
contained within an accessory structure.
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 109
h. Spraying
Aerial application of fertilizer or pesticides shall be prohibited.
11. Equestrian Arena, Commercial
a. Definition
An establishment engaged in commercial spectator activities involving equestrian events, but
excluding any establishment engaged in gaming, pari-mutual wagering, off-track betting, events,
or activities held or broadcast for similar purposes. [Ord. 2023-009]
b. Frontage
The project in which an Equestrian Arena is located shall have frontage on a paved street. [Ord.
2023-009]
c. Hours of Operation
Outdoor activity shall be limited to the hours of 5:00 a.m. and 10:00 p.m. daily. [Ord. 2023-009]
d. Loudspeakers
Loudspeakers and public address systems shall not be used before 8:00 a.m. or after 8:00 p.m.
e. Setbacks
Riding, spectator viewing areas, and show rings shall not be located within 100 feet of any property
line.
f. Compatibility
Design of the site shall assure no incompatibility with surrounding land uses. When an
incompatibility exists, the petitioner shall satisfactorily mitigate the incompatibility prior to receiving
Conditional Use or DRO approval.
12. Farmers Market
a. Definition
An establishment for the wholesale sale of farm produce.
b. Approval Process – AR/RSA Zoning District
May be permitted in the AR/RSA district with an SA FLU, subject to a Class A Conditional Use
approval.
c. Frontage
Shall be located on an Arterial Street.
d. Setback
A Farmers Market shall be set back a minimum of 100 feet from property lines adjacent to a
residential use existing as of the effective date of this Code, excluding Farm Workers Quarters and
Mobile Homes accessory to agriculture.
e. Accessory Use
A Produce Stand shall be permitted as an accessory use to a Farmers Market.
13. Nursery, Retail
a. Definition
The retail sale of horticultural specialties such as flowers, shrubs, sod, trees, mulch, and accessory
hardscape materials such as decorative stones intended for ornamental or landscaping purposes.
b. Frontage
Shall front on and access from a Collector or Arterial Street.
c. Lot Size
A minimum of one acre is required in a residential zoning district.
d. Setbacks
All structures and outdoor storage areas shall be set back a minimum of 50 feet from the property
line. Shade Houses shall be subject to the requirements pursuant to Art. 4.B.6.C.17, Shade House.
e. Loading
All loading and unloading of trucks shall occur on the site.
f. Accessory Uses
An office is permitted as an accessory use, provided it is not a Mobile Home.
g. Landscaping
A buffer, pursuant to Art. 7, Landscaping, shall be provided along all property lines except when
the growing area is located adjacent to the property line of the site, as follows: [Ord. 2019-039]
1) R-O-W and Incompatibility Buffer
May be modified when the growing area is 50 feet or more in width, subject to the provision of
Art. 4.B.6.13.g.3), Alternative Buffer. [Ord. 2019-039]
2) Compatibility Buffer
Is exempt where the growing area is adjacent to a parcel of land that has an existing agriculture
use pursuant to this Section. [Ord. 2019-039]
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 110
3) Alternative Buffer
a) A six-foot-high landscape barrier shall be installed within a buffer with a minimum width of
ten feet; [Ord. 2019-039]
b) The landscape barrier shall be satisfied by plant material for sale provided that the plant
material is grown in the ground, and spaced at least five feet on center. Plants in container
may be used in lieu of the in-ground planting. Any removed plants shall be replaced, and
shall be maintained to ensure there is a continuous visual screen being provided at all
times [Ord. 2019-039]
4) Barbed Wire
The use of barbed wire shall be prohibited.
h. Storage
Mulch, rock, soil, or similar material shall comply with the Outdoor Storage standards in Art. 5.B,
Accessory Uses and Structures. In residential zoning districts, outdoor bulk storage shall be set
back a minimum of 50 feet or the zoning district setback, whichever is greater.
i. Site Plan
Relocation of structures on a ZC or BCC-approved Site Plan due to SFWMD or ERM requirements
may exceed DRO threshold limitations.
j. Hours of Operation
Operation of commercial vehicles over one ton rated capacity or gross vehicle weight of 10,000
pounds, including load, from 5:00 p.m. to 8:00 a.m. is prohibited.
k. Compatibility
The use shall assure that there is no incompatibility with surrounding land uses. When an
incompatibility exists, the Property Owner shall satisfactorily mitigate the incompatibility prior to
receiving Conditional Use or DRO approval.
l. Spraying
No aerial application of any pesticides, fungicides, fertilizers, or any other chemical shall be
allowed.
14. Nursery, Wholesale
a. Definition
The wholesale of horticultural specialties such as flowers, shrubs, sod, and trees, mulch, and
accessory hardscape materials such as decorative stones intended for ornamental or landscaping
purposes.
b. Approval Process
Table 4.B.6.C – Residential Zoning Districts (Except AR)
ZAR (1)
≤ 5 ac.
DRO
> 5 ac. < 20 ac.
Class B Conditional Use
≥ 20 ac.
[Ord. 2018-002] [Ord. 2023-009]
Notes:
1.
If no approved Final Site or Subdivision Plan on record, the application
shall be subject to the Full DRO process. [Ord. 2023-009]
Table 4.B.6.C – AR Zoning District
Permitted
≤ 10 ac.
ZAR (1)
> 10 ac. < 40 ac.
DRO
≥ 40 ac.
[Ord. 2018-002] [Ord. 2023-009]
Notes:
1.
If no approved Final Site or Subdivision Plan on record, the application
shall be subject to the Full DRO process. [Ord. 2023-009]
c. AR Zoning District
May be operated in conjunction with a residence. [Ord. 2023-009]
d. Accessory Use
1) A Retail Nursery may be permitted as an accessory use to a Wholesale Nursery in the AGR
Tier.
2) An office is permitted as an accessory use, provided it is not a Mobile Home.
e. Parking and Loading
All parking and loading shall occur on site.
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 111
f. Landscaping
A buffer, pursuant to Art. 7, Landscaping, shall be provided along all property lines except when
the growing area is located adjacent to the property line of the site, as follows: [Ord. 2019-039]
1) R-O-W and Incompatibility Buffer
May be modified when the growing area is 50 feet or more in width, subject to the provision of
Art. 4.B.6.14.g.3), Alternative Buffer. [Ord. 2019-039]
2) Compatibility Buffer
Is exempt where the growing area is adjacent to a parcel of land that has an existing agriculture
use pursuant to this Section. [Ord. 2019-039]
3) Alternative Buffer
a) A six-foot-high landscape barrier shall be installed within a buffer with a minimum width of
ten feet. [Ord. 2019-039]
b) The landscape barrier shall be satisfied by plant material for sale provided that the plant
material is grown in the ground, and spaced at least five feet on center. Plants in container
may be used in lieu of the in-ground planting. Any removed plants shall be replaced, and
shall be maintained to ensure there is a continuous visual screen being provided at all
times. [Ord. 2019-039]
4) Barbed Wire
The use of barbed wire shall be prohibited.
g. Storage
Outdoor bulk storage of mulch, rock, soil, or similar material shall comply with the Outdoor Storage
standards contained in Art. 5.B, Accessory Uses and Structures. Outdoor bulk storage in residential
zoning districts shall be set back a minimum of 50 feet or the district setback, whichever is greater.
h. Hours of Operation
Operation of commercial vehicles over one ton rated capacity or gross vehicle weight of 10,000
pounds, including load, from 7:00 p.m. to 6:00 a.m. is prohibited.
i. Limitations of Sales
Sales from a Wholesale Nursery are limited to exporters, distributors, landscape contractors,
retailers, or other businesses.
j. Site Plan
Relocation of structures on a ZC or BCC-approved Site Plan due to SFWMD or ERM requirements
may exceed the DRO limitations contained in Art. 2.G.4.G, Development Review Officer (DRO).
15. Potting Soil Manufacturing
a. Definition
An establishment engaged in producing potting soil, including the use of incineration.
b. Approval Process – AR/RSA
May be permitted in the AR/RSA district with an SA FLU, subject to a Class A Conditional Use
approval.
c. Location
The facility shall front on and access from a Collector or Arterial Street.
d. Setbacks
A minimum of 50 feet from any property line abutting a residential zoning district or use.
e. Collocated Uses
If a Potting Soil Manufacturing facility includes chipping, mulching, grinding, or air curtain
incinerator, adherence to the Supplementary Use Standards applicable to such uses shall also be
required.
f. Storage
Storage of unprocessed material shall be limited to 45 days and pile height of storage material shall
be limited to 15 feet. Outdoor storage piles shall be set back a minimum of 25 feet from any property
line or 50 feet from any property line abutting a residential zoning district or use. Storage areas
shall be screened from view, pursuant to Art. 5.B, Accessory Uses and Structures.
g. Supplemental Application Requirements
1) Site Plan
The Site Plan shall illustrate how the operation functions including circulation routes; and the
square footage, height, and location of buildings, equipment, and storage piles.
2) Dust Control
A plan to address dust control in traffic, storage, and processing areas. Dust control measures
may include: additional setbacks, full or partial enclosure of chipper or grinder, and watering or
enclosing mulch piles.
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 112
16. Produce Stand
a. Definition
An establishment engaged in the retail sale of fruits, vegetables, flowers, containerized house
plants, and other agricultural food products. The sale of grocery or convenience-type foods or
products shall not be permitted, unless stated otherwise herein.
b. Permanent
1) Maximum Floor Area
The square footage of the establishment shall include both the structure and all accessory
areas devoted to display or storage.
2) Outdoor Display and Storage
Outdoor Storage shall be subject to the provisions in Art. 5.B, Accessory Uses and Structures.
Outdoor display of only fresh fruits and vegetables is permitted, along the property's frontage,
except within the required setbacks.
3) Sale of Products
a) General
Includes sales of agricultural food products such as jelly, jam, honey, and juice. No ZAR
process shall be permitted in conjunction with the stand except for seasonal sales.
Seasonal sales that require additional storage area may be permitted in accordance with
Art. 4.B.11.C.10, Temporary Retail Sales. No vending machines or other similar equipment
shall be permitted on site. [Ord. 2018-002] [Ord. 2019-005] [Ord. 2023-009]
4) Building Construction
The Produce Stand shall be contained in either an entirely enclosed or roofed open-air
structure. Motor vehicles, including vans, trucks, semi-trucks, mobile homes, travel trailers, and
other permanent or temporary structures shall not be used for storage or display purposes.
5) AR and AGR Zoning Districts
In addition to the standards above, permanent Produce Stands shall comply with the following:
[Ord. 2023-009]
a) Locational Criteria
The structure and accessory area shall be:
(1) Located on an Arterial designated on the PBC Thoroughfare Plan; and
(2) Located at least 500 feet from adjacent existing residential uses.
b) Lot Size
The stand shall be located on a Legal Lot of Record. A minimum of one acre shall be
allocated to the exclusive use of the stand and accessory parking area.
c) Setbacks
The structure and accessory area shall be set back at least 50 feet from the front and side
corner property lines. The rear and side interior setbacks shall meet the minimum
standards of the zoning district.
d) Approval
A permanent Produce Stand shall be a permitted use in the AGR and AR, and by a DRO
approval through the ZAR process in the CN, CC, and CG Zoning Districts. [Ord. 2018-
002]
(1) AR and AGR Zoning Districts
The area devoted to the permanent Produce Stand exceeding 3,000 square feet shall
be approved subject to a Class A Conditional Use.
6) Stands Less than 1,500 Square Feet
In addition to the standards stated above, stands less than 1,500 square feet (including both
the structure and all accessory areas devoted to display or storage) shall be subject to the
following development standards:
a) Paving
The surface parking lot may be constructed of shell rock or other similar material. At a
minimum, the following areas shall be paved in accordance with Art. 6, Parking, Loading,
and Circulation, of this Code:
(1) A paved driveway apron area, connecting the streets to the site shall be subject to
approval by the County Engineer; and
(2) Handicap parking spaces and handicap access.
7) Wholesale
Wholesale of produce shall be allowed in the AGR Zoning District only.
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 113
c. Temporary Stands
A temporary stand used for the retail sale of agricultural products not necessarily grown on the site.
A temporary Produce Stand shall consist exclusively of fresh unprocessed fruit, vegetables,
flowers, and containerized interior house plants.
1) Use Limitations
a) Location Criteria
The stand and accessory area shall be located:
(1) on an Arterial Street designated on the PBC Thoroughfare Plan;
(2) a minimum of 100 feet from an intersection of an Arterial and any other dedicated R-
O-W;
(3) at least 600 feet from any other agricultural stand permitted in accordance with these
provisions; if located in a zoning district other than a commercial district;
(4) at least 500 feet from adjacent residential uses; and,
(5) located on a Legal Lot of Record no less than one acre in size.
b) Number
Only one stand shall be permitted on a lot of record.
c) Approval
Subject to approval of a Temporary Use through the ZAR process. [Ord. 2018-002]
d) Setbacks
The stand shall be set back a minimum of 35 feet from the front property line and 50 feet
from all other property lines.
e) Size and Configuration
The stand shall not exceed 300 square feet. The accessory area shall be limited to display,
storage, and cashier purposes and shall be covered by a removable cantilevered canopy
or umbrellas. No outdoor display or storage shall occur outside of the stand, umbrella, or
canopy area.
2) Uses
No on-site food preparation or processing shall be permitted. No vending machines shall be
permitted on site. No additional Temporary Uses shall be approved in conjunction with the
stand except for seasonal sales. [Ord. 2018-002]
3) Parking
A minimum of two spaces and additional spaces subject to approval by the Zoning Director.
4) Special Regulations
a) Mobility
The stand shall retain its mobility, and have a frame of sufficient strength to withstand being
transported by wheels, skids, or hoist.
b) Building Materials
The stand shall be constructed of durable materials such as but not limited to metal,
fiberglass, wood, etc. The structure used for a stand shall be constructed for the sole
purpose of selling agricultural products. Semi-truck trailers, mobile homes, and other
permanent or temporary structures shall not be used as a stand. Motor vehicles, including
vans and small trucks may be permitted provided the vehicle is removed from site at the
end of each business day. These vehicles shall not be used for permanent or temporary
residential purposes.
c) Refrigeration
Refrigeration shall be contained within the confines of the stand. If a motor vehicle is used
for the stand, portable refrigeration may be used if contained as part of a motor vehicle and
removed from the site daily.
d) Signage
Signs shall be limited to two, with a combined maximum sign face area of 32 square feet
per side. Signs shall be set back a minimum of five feet from the base building line and
have a minimum separation of 100 feet. Banners, pennants, balloons, or flags shall be
prohibited.
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 114
e) Existing Stands
All stands with a valid permit in effect on July 11, 1995, and which have been operating
continually with a valid Business Tax Receipt since issuance of the valid permit, shall be
considered conforming uses. These operations may continue in the configuration as
existed on July 11, 1995 in accordance with the laws and Ordinances of PBC, Florida, and
as provided herein:
(1) the enclosed portion of the stand shall not exceed 300 square feet unless provided for
below;
(2) display of products immediately adjacent to the stand, whether or not displayed under
an umbrella or canopy, may continue in the same configuration as existed on July 11,
1995;
(3) the stand shall not sell any products unless permitted in accordance with the uses
permitted to be sold in an agricultural stand as set forth in this Subsection, as amended;
(4) portable refrigeration may be permitted if confined within the 300-square foot stand
and all required electrical permits have been obtained;
(5) the use of vending machines shall not continue; and,
(6) expansion of existing stands shall not be permitted. Any future expansion of an existing
stand shall comply with the regulations of this Section. If an existing stand is expanded,
repaired, or altered, the affected area shall comply with the regulations herein.
17. Shade House
a. Definition
A temporary screen enclosure used to protect plants from insects, heat, and exposure to the sun.
b. Permits
A Shade House used for Bona Fide Agriculture purposes less than 12 feet in height shall not be
required to obtain a Building Permit.
Table 4.B.6.C – Minimum Setbacks 12 Feet or Less In Height
Front and Street
15’
Side and Rear
7.5’
Table 4.B.6.C – Minimum Setbacks over 12 Feet in Height
Front and Street
25’
Side and Rear
15’
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 115
c. Commercial Greenhouse
Commercial greenhouses having roofs and walls made of rolled plastic or other similar materials,
used for the indoor cultivation of plants, including hydroponic farming using water containing
dissolved inorganic nutrients, may be permitted in the AGR Zoning Districts, subject to the
following:
1) DRO Approval
Commercial greenhouses that exceed the FAR limitations of FLUE Table 2.2-e.1 of the Plan,
or with five or more acres of building coverage must be approved by the DRO. [Ord. 2021-023]
2) Property Development Regulations
Setbacks for greenhouses in excess of 25 feet in height must be in accordance with Table
3.D.1.A, Property Development Regulations. Setbacks for greenhouses less than 25 feet in
height may be reduced by 50 percent. FAR and building coverage may be increased up to a
maximum of 0.75 to accommodate commercial greenhouses.
3) Landscaping and Buffering
Commercial greenhouses are exempt from the interior and foundation planting requirements
of Art. 7.C.3, Interior Landscaping. A Type 3 Incompatibility Buffer shall be required along
property lines where greenhouses are adjacent to or visible from a public R-O-W or parcels
with a civic, conservation, commercial, recreational, or residential FLU designation or use.
Buffers shall be a minimum of 25 feet in width for greenhouses up to 25 feet in height, and 50
feet for greenhouses greater than 25 feet in height.
a) Exceptions
(1) Visual Screening
Landscape buffer and planting requirements may be waived in areas where it can be
demonstrated that greenhouse structures are not visible from the subject property lines
or use areas.
(2) Alternative Planting
Planting requirements may be satisfied by the use of existing native vegetation or the
placement of other related plant material, provided that the growing area is at least 25
feet wide and meets the buffering requirements for a Type 3 Incompatibility Buffer.
4) Parking
All parking and loading shall occur in the designated areas indicated on the Site Plan.
a) Parking
If vans, buses, or commercial loading vehicles are used for employee transportation,
required parking shall be configured to accommodate these vehicles.
b) Loading
Loading zones shall not be oriented towards residential uses, and shall be set back from
property lines a minimum of 250 feet, unless approved as a Type 1 Waiver.
5) Storage
Only equipment directly related to the facility may be stored on site. All stored equipment must
be screened from view from adjacent properties and streets.
6) Interior Lighting
Greenhouses shall not be illuminated between 9:00 p.m. and 6:00 a.m. if light is visible from
outside of the structure from any adjacent R-O-W, or properties with a residential FLU
designation or use.
7) Accessory Office
An office is permitted as an accessory use, subject to the following and all other applicable
requirements:
a) Less than five acres of commercial greenhouse: 1,000 square feet.
b) Greater than five acres of commercial greenhouse: 2,000 square feet.
c) Bathroom facilities shall not be included in the calculation of office square footage.
8) Signage
Signage for commercial greenhouses shall be limited to one freestanding sign located at the
project’s primary entrance.
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 116
18. Stable, Commercial
a. Definition
An establishment for boarding, breeding, training, or raising of horses not necessarily owned by
the owners or operators of the establishment; rental of horses for riding; or, other equestrian
activities, excluding uses classified as an Equestrian Arena.
b. Use Limitations
A Commercial Stable shall be limited to raising, breeding, training, boarding, and grooming of
horses, or rental (livery) of horses for riding and instruction.
c. Overlay – LOSTO
A Commercial Stable with 20 or fewer stalls shall be subject to a DRO approval through the ZAR
process. [Ord. 2018-002]
d. Frontage
The minimum required frontage on a public street to be used from the primary point of access shall
be 100 feet, or the minimum standard of the tier in which the Stable is located, whichever is greater.
e. Lot Size
A minimum of five acres.
f. Setbacks
A minimum of 25 feet from any property line, or the minimum setback of the zoning district,
whichever is greater.
g. Collocated Uses
A Commercial Stable may be operated in conjunction with a residence and shall comply with the
PBCACC.
19. Stable, Private
a. Definition
The breeding, boarding, training, or raising care of horses owned by the occupants or owners of
the premises. A Private Stable shall comply with the PBCACC.
b. Setbacks
1) Accessory Structure
A Private Stable with 12 stalls or fewer located on a parcel with a Single Family residence shall
be considered an accessory structure and shall meet the setback requirements for an
accessory structure, or 25 feet, whichever is greater.
2) Principal Structure
A Private Stable with more than 12 stalls located on a parcel with a Single Family residence,
or a vacant parcel, shall be considered a principal structure and shall meet the applicable
setback requirements for a principal structure.
c. Boarding
On sites of at least two acres, boarding for up to four horses not owned by the owner or occupant
of the premises shall be permitted.
20. Sugar Mill or Refinery
a. Definition
An establishment for the extraction and refining of sugar from agricultural products.
b. Setback
Shall be set back 300 feet from off-site residentially occupied or zoned property. In the AR Zoning
District, a Sugar Mill or Refinery shall be permitted on land in an RR FLU designation as a Class A
Conditional Use.
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 117
Section 7 Utility Uses
A. Utility Use Matrix
Table 4.B.7.A – Utility Use Matrix
Standard Zoning Districts
Use Type
Planned Development Districts (PDDs) Traditional Development Districts (TDDs)
AG/CON Residential Commercial
C
M
R
IND INST
PUD MUPD PIPD M R TND TMD
Pods FLU Pods H V Tier
P A A AR R R R R C C C C C C URAO IRO I I I P I R C R C A C C C C C I E C I I C I P P
U/S
Exurban/
Rural
U E
AGR
C G P R U E T S M N L C H G R U U U U U FLU L L G O P E O E I G L H L H R N D M N N O N D D S X
R S S O O E C C C I I C C C C F S M C V R O O D C R S D M D R N O R N O R D P
A A 1 2 3 1 2 L L H H / T / / E C S E C S U E R
O O P L G S R S R R V E
E E A S
Supplementary Use
Standards #
C C L
Utility Uses (2)
- D B - - - - - - - - - - - - - - - - - - - - - - B D D - Chipping and Mulching 1 - - - - - - - - - - B - - - B - D - - - - - - - - - - - -
- D D - - - - - - - - - - - - - - - - - - - - - - D D D - Composting Facility 2 - - - - - - - - - - P - - - P - P - - - - - - - - - - - -
- D D D D D D D D D D D D D D D D D D D D D D D D D D P D Electric Distribution Substation 3 D D - - - D D D D D D D D D D D D D D D D D D D D D D D -
-
-
A
-
-
-
-
-
-
A
A
A
A
A
A
-
-
-
-
-
-
-
-
-
-
A
A
A
A
Electric Power Plant
4
-
A
-
-
-
-
A
-
A
A
A
-
-
-
A
A
A
-
-
-
-
-
-
-
-
-
-
-
-
- A A A A A A A A A A A A A A A A A A A A A A A A A A P A Electric Transmission Substation 5 - A - - - - A - A A A A A - A A A - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - P - Landfill or Incinerator 6 - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- D D D D D D D D D D D D D D D D D D D D D D D D D D P D Minor Utility 7 D D - D - D D D D D D D D D D D D D D D D D D D D D D D -
- D D D D D D B B D D D D D D - - - - - - - - - D D D D D Renewable Energy Solar Facility 8 - D D D - D D D D D D D D D D D D B B - - - - - - - - - -
- A A A A A A A A A A A A A A - - - - - - - - - A A A A A Renewable Energy Wind Facility 9 - - - - - A A A A A A A A A A A A A A - - - - - - - - - -
- - A A A - - - - - - - - A - - - - - - - - - - - A B P A Solid Waste Transfer Station 10 - - - - - - A - - - A - - A P A P - - - - - - - - - - - -
- - A A A A A A A A A A A A A A A A A A - - - - - D D P A Water or Wastewater Treatment Plant 11 - - - A - - A - A A A - - - P - P A A - - - - - - - - - -
[Ord. 2017
-007] [Ord. 2017-025] [Ord. 2018-002] [Ord. 2021-023] [Ord. 2023-011]
Use Approval Process Key:
P Permitted by Right
D Subject to DRO approval A Subject to BCC approval (Class A Conditional Use)
B Subject to Zoning Commission approval (Class B Conditional Use) - Prohibited use, unless stated otherwise within Supplementary Use Standards
(1) Supplementary Use Standards for each use must be reviewed regardless of the approval process set forth in the Use Matrix. Refer to the numbers in the Supplementary Use Standards column.
(2) Uses may require a higher level of approval pursuant to Table 4.A.9.A, Thresholds for Projects Requiring DRO Approval, and Table 4.A.9.B, Thresholds for Projects Requiring Board of County Commissioners Approval, unless otherwise specified within the Supplementary Use Standards of the specific use. [Ord. 2021-023]
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 118
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Unified Land Development Code
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Article 4 – Use Regulations
Page 119
B. General Utility Standards
Reserved for future use.
C. Definitions and Supplementary Use Standards for Specific Uses
1. Chipping and Mulching
a. Definition
An establishment using equipment designed to cut tree limbs, yard trash, or brush into small pieces
for use as mulch.
b. Approval Process
1) A Chipping and Mulching use accessory to a Bona Fide Agriculture use in the AP Zoning
District may be Permitted by Right.
2) Chipping and Mulching may be allowed in the AR Zoning District in the RSA with an SA FLU
designation, subject to Class A Conditional Use approval.
c. Access
Access shall be limited to Arterial, Collector, or Local Commercial Streets which do not serve
residential lots. Entrances shall be gated and set back from the road as required by the County
Engineer to prevent access during non-operating hours from unauthorized persons.
d. Lot Size
A minimum of five acres.
e. Separation Distance
The use shall be located a minimum of 500 feet from a parcel of land with a residential FLU
designation or uses.
f. Collocated Uses to Recycling Plant
Chipping and Mulching may be approved by the DRO subject to the Supplementary Use Standards
for Chipping and Mulching.
g. Outdoor Storage
1) Outdoor storage shall be set back a minimum of 25 feet from any property line or 50 feet from
any property line abutting a parcel with a residential FLU designation or use.
2) Bollards or other acceptable barricade to the Zoning Division shall be provided to delineate pile
locations.
3) The pile height of storage materials shall be limited to 15 feet or less if required by Chapter 62-
709, F.A.C., as amended. Bollards shall be maintained to indicate maximum permitted height,
and tied to a finished grade benchmark delineated on site.
4) Outdoor storage of material shall be limited to 45 days.
h. Hours of Operation
The hours of operation shall be limited to 9:00 a.m. to 5:00 p.m. Monday through Friday if within
1,000 feet of a residential zoning district.
i. Operation Functions
The Zoning application shall include but not limited to a justification and supporting documentation
demonstrating acceptable industry design, configuration, and operational standards, based on the
type of materials processed and stored, including but not limited to the following:
1) Site Plan
The Site Plan shall illustrate how the operation functions including circulation routes; and the
location and size of loading and processing areas, and storage piles.
2) Waste Volume
An explanation of the quantity of waste to be received, expressed in cubic yards per day or
tons per day.
3) Dust Control
A plan to address how dust generated from traffic, storage, and processing areas will be
managed pursuant to Art. 5.E.4.D.3, Dust and Particulate.
4) SWA Permit
Prior to operation of the facility, the owner or operator shall obtain a SWA Permit.
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Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 120
2. Composting Facility
a. Definition
A facility designed and used for transforming yard waste, clean wood, and other organic material
into soil or fertilizer through biological decomposition.
b. Approval Process
1) A Composting Facility accessory to a Bona Fide Agriculture use in the AP Zoning District may
be Permitted by Right.
2) A Composting Facility may be allowed in the AR Zoning District in the RSA with an SA FLU
designation, subject to Class A Conditional Use approval.
c. Access
Access shall be limited to Arterial, Collector, or Local Commercial Streets which do not serve
residential lots. Entrances shall be gated and set back from the road as required by the County
Engineer to prevent access during non-operating hours from unauthorized persons.
d. Lot Size
A minimum of five acres.
e. Separation Distance
The use shall be located a minimum of 500 feet from a parcel of land with a residential FLU
designation or uses.
f. Outdoor Storage
1) Outdoor storage shall be set back a minimum of 25 feet from any property line or 50 feet from
any property line abutting a parcel with a residential FLU designation, zoning district, or use.
2) Outdoor storage of material shall be limited to 45 days.
3) The pile height of storage materials shall be limited to 15 feet or less if required by Chapter 62-
709, F.A.C., as amended.
4) The height of materials shall be tied to a finished grade benchmark delineated on site.
5) Bollards or other acceptable barricade to the Zoning Division shall be provided to delineate pile
locations.
g. Hours of Operation
The hours of operation shall be limited to 9:00 a.m. to 5:00 p.m. Monday through Friday if within
1,000 feet of a residential FLU designation or use.
h. Operation Functions
The Zoning or Building application, whichever is submitted first, shall include a Justification
Statement and supporting documentation demonstrating acceptable industry design, configuration,
and operational standards, based on the type of materials processed and stored, including but not
limited to the following:
1) Site Plan
The Site Plan shall illustrate how the operation functions including circulation routes; and the
location and size of loading and processing areas, and storage piles.
2) Waste Volume
An explanation of the quantity of waste to be received, expressed in cubic yards per day or
tons per day.
3) Dust Control
A plan to address how dust generated from traffic, storage, and processing areas will be
managed pursuant to Art. 5.E.4.D.3, Dust and Particulate.
4) SWA Permit
Prior to operation of the facility, the owner or operator shall obtain a SWA Permit.
i. Backyard Composting
This use does not include backyard composting bins serving individual families.
j. Glades and AGR Tiers
The composting, storage, or disposal of equestrian and other animal waste, and biosolids shall be
prohibited in the Glades and AGR Tiers. This provision does not prohibit accessory uses to Bona
Fide Agriculture or Composting Facilities with County approval in the AGR Tier as of the effective
date of this Ordinance. [Ord. 2018-018]
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Article 4 – Use Regulations
Page 121
3. Electric Distribution Substation
a. Definition
Defined in accordance with F.S. § 163.3208, as an electric substation which takes electricity from
the transmission grid and converts it to a lower voltage so it can be distributed to customers in the
local area on the local distribution grid through one or more distribution lines less than 69 kilovolts
in size.
b. Landscaping
The use shall comply with the following additional requirements unless Variance relief is obtained
from landscaping regulations:
1) Landscape Buffering – General
Pursuant to F.S. § 163.3208, as may be amended from time to time, required perimeter buffers
or landscape material located under overhead lines to the substation equipment shall not
exceed a mature height of 14 feet.
2) Landscape Buffering in Residential Areas
Pursuant to F.S. § 163.3208, as may be amended from time to time, where located in or
adjacent to a parcel of land with a residential FLU designation or use, landscape buffering shall
be upgraded as follows:
a) An eight-foot-high wall or fence and native vegetation shall be installed around the
substation where equipment or structures are set back less than 50 feet from the property
line.
b) An open green space shall be maintained between required security fencing, equipment,
or structures, by installing native landscaping, including trees and shrub material, around
the substation where equipment or structures are set back between 50 and 100 feet from
the property line.
c. Standard Residential Zoning Districts
Electric Distribution Substations shall not be collocated with Neighborhood Recreation Facilities.
4. Electric Power Plant
a. Definition
An electric generating facility that uses any process or fuel, and includes any associated facility
that directly supports the operation of the electrical power facility.
b. Setbacks and Separation
1) An Electric Power Plant, for electrical generation only, shall not be located within 1,000 feet of
a parcel with a residential FLU designation or use.
2) Principal uses and structures (excluding electric poles) shall be set back a minimum of 500 feet
from all property lines.
3) Accessory uses and structures (excluding electric poles) shall be set back a minimum of 50
feet from all property lines.
c. Ash Disposal and Wood Recycling Facilities – AP Zoning District
Ash disposal and wood recycling facilities shall be permitted on sites in the AP Zoning District as
an accessory use to biomass Electric Power Plants. The primary use for the site shall be consistent
with the underlying zoning designation.
1) Ash disposal facilities shall not exceed 220 feet in height measured from the existing grade at
the base of the facility.
2) Ash disposal facilities shall be used only for the disposal of ash produced on site by the biomass
Electric Power Plant.
3) Ash disposal facilities shall not be constructed until the plans for its construction and operation
have been reviewed and approved by all applicable governmental agencies.
4) Ash disposal facilities shall be constructed as a Class I landfill in compliance with the applicable
standards adopted by the Florida Department of Environmental Protection and set forth in F.S.
§ 403.707 and Chapter 62-701, F.A.C., for Class I landfills.
d. Screening and Perimeter Buffers
A Type 3 Incompatibility Buffer shall be required when the subject site is adjacent to or visible from
any street or parcels with a conservation (when open to the public), commercial, or residential FLU
designation or use. Palms may not be substituted for required Canopy trees.
e. Collocated Use – Electric Transmission Substation Facility
An Electric Transmission Substation collocated with a new request or DOA for an Electric Power
Plant may be reviewed and approved as one application, and shall comply with the requirements
of Art. 4.B.7.C.5, Electric Transmission Substation.
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Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 122
5. Electric Transmission Substation
a. Definition
A facility associated with the transfer of bulk electrical energy from Electric Power Plants to Electric
Distribution Substations, including transmission voltage facilities or switching substations.
b. Setbacks
Notwithstanding the requirements of Table 3.D.1.A, Property Development Regulations, setbacks
for Electric Transmission Substations, excluding transmission and distribution lines and electric
poles, shall be as follows:
1) Buildings used for Electric Transmission Substations shall be set back a minimum of 50 feet
from all property lines.
2) Setbacks for mechanical equipment, related structures, and fencing shall be a minimum of 75
feet, or a minimum of 150 feet when adjacent to or visible from a street or parcels with a
conservation (when open to the public), commercial, or residential FLU designation or use.
Setbacks may be reduced to 100 feet, if the Incompatibility Buffer is increased to 50 feet in
width and the number of required trees are doubled. Setbacks may also be reduced to 75 feet
when adjacent to commercial properties, or when separated from adjacent properties by a R-
O-W 100 feet in width or greater, if the Applicant can demonstrate that structures will not be
visible from residential or public-use areas.
3) One additional foot of setback shall be provided in addition to the minimum setback for each
one foot in height, or fraction thereof, over 35 feet.
c. Landscaping
A Type 3 Incompatibility Buffer shall be required when the subject site is adjacent to or visible from
any street or parcels with a conservation (when open to the public), commercial, or residential FLU
designation or use. Palms shall not be substituted for required Canopy trees.
d. Standard Residential Zoning Districts
An Electric Transmission Substation shall not be collocated with Neighborhood Recreation
Facilities.
6. Landfill or Incinerator
a. Definition
A facility for the disposal or incineration of solid waste for which a permit is required by the Florida
Department of Environmental Protection, which receives solid waste for disposal in or upon the
land. The term does not include a land-spreading site, injection well, or surface impoundment.
b. SWA Permit
Prior to operation of the facility, the owner or operator shall obtain a SWA Permit.
c. Airport Land Use Compatibility Zoning
1) New Landfills are prohibited, and existing Landfills within the following areas are restricted
pursuant to Art. 16.C.1.E, General Land Use Regulations – Off-Airport Land Use Compatibility
Schedule (Appendix 8): [Ord. 2017-025]
a) Within 10,000 feet from the nearest point of any Airport runway used or planned to be used
by turbine aircraft or [Ord. 2017-025]
b) Within 5,000 feet from the nearest point of any Airport runway used by only non-turbine
aircraft or [Ord. 2017-025]
c) Outside the perimeters defined in Art. 4.B.7.C.6.c.1)a) and Art. 4.B.7.C.6.c.1)b), but still
within the lateral limits of the civil airport imaginary surfaces defined in 14 CFR § 77.19.
Case-by-case review of such Landfills is advised. [Ord. 2017-025]
2) Where any Landfill is located and constructed in a manner that attracts or sustains hazardous
bird movements from feeding, water, or roosting areas into, or across, the runways or approach
and departure patterns of aircraft. The Landfill operator must incorporate bird management
techniques or other practices to minimize bird hazard to airborne aircraft. These management
techniques shall be addressed in the applicable Zoning application. DOA, in consultation with
the PZB, shall administer the review of development application for compliance. [Ord. 2017-
025]
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Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 123
7. Minor Utility
a. Definition
An above-ground facility associated with utility distribution, collection, or transmission networks,
required by their nature to be relatively dispersed throughout their service area other than electric
generation and transmission facilities.
b. Typical Uses
Gas and water regulators; chlorine injection and potable water booster pump stations; water
reclamation treatment, storage, and distribution facilities; membrane bioreactor plants; sewage lift
stations; telephone exchange buildings; and, communication substations.
c. Floor Area
1) Residential Zoning Districts
A maximum of 3,000 square feet of gross enclosed floor area of buildings. Square footage
calculations shall not include tanks and unoccupied facilities and structures.
2) Non-Residential Zoning Districts
A maximum of 10,000 square feet of gross enclosed floor area of buildings. Square footage
calculations shall not include tanks and unoccupied facilities and structures.
3) A Minor Utility exceeding either standard above may be approved as a Class A Conditional
Use.
d. Lift Station
1) New Subdivisions
Facilities located in new subdivisions may be allowed subject to DRO approval concurrent with
the subdivision approval.
2) Streets
Facilities located within streets or utility easements shall not be subject to DRO approval.
e. States of Emergency
The PZB Executive Director may waive the review timeframes in the event of a declared State of
Emergency.
f. Hours of Operation
Minor Utilities are not subject to the hours of operation in Art. 5, Supplementary Standards.
8. Renewable Energy Solar Facility
a. Definition
A facility that uses photovoltaic, thermal, or other systems with a principal use of producing electric
or thermal power from the sun that is then stored and delivered to the transmission system and
consumed off site. [Ord. 2019-023]
b. Lot Size
Lots shall comply with the minimum lot dimension requirements pursuant to Table 3.D.1.A, Property
Development Regulations, or the applicable PDD requirements.
c. Setbacks
Accessory electric poles, distribution, and transmission lines shall be exempt from the minimum
setback requirements indicated below:
1) Lots 50 Acres or Greater
Setbacks shall be a minimum of 25 feet from the side and rear property lines. The facility shall
comply with the minimum front and side street setbacks of the applicable zoning district.
2) Lots Less Than 50 Acres
Setbacks shall be a minimum of 15 feet from the side and rear property lines. The facility shall
comply with the minimum front and side street setbacks of the applicable zoning district.
3) Lots Adjacent to Existing Residential Uses
Setbacks shall be a minimum of 35 feet or the zoning district setback, whichever is greater,
along the affected property line.
4) Additional Setback
One additional foot of setback shall be required in addition to the minimum setback indicated
above for each one foot of height, or fraction thereof, over 20 feet.
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Article 4 – Use Regulations
Page 124
d. Perimeter Buffers and Interior Tree Requirements
1) For facilities within the Rural, Exurban, and Glades Tiers greater than 250 acres in size, the
following rules shall apply: [Ord. 2019-023]
a) R-O-W Buffer
Shall be exempt from the requirements of Art. 7.C.2.A, R-O-W Buffer provided a six-foot-
high landscape barrier is installed. If a hedge is proposed, credit to satisfy the hedge
material may be granted for on-site preservation of existing vegetation pursuant to Art.
7.E.3, Credit and Replacement. An alternative hedge height may be allowed subject to the
following: [Ord. 2019-023]
(1) Minimum two feet at time of installation and maintained at a minimum height of six feet
and no greater than 12 feet pursuant to Art. 7.D.4.A, Hedges; [Ord. 2019-023]
(2) The solar panels, including support structures, shall be no greater than eight feet in
height and set back a minimum of 80 feet from the adjacent R-O-W or base building
line, whichever is more restrictive; and, [Ord. 2019-023]
(3) The area between the R-O-W Buffer and the minimum setback shall be limited to
landscaping, drainage easements, and a drive aisle that is used for the repair,
maintenance, and/or installation of the solar panels, when the hedge is less than six
feet in height. [Ord. 2019-023]
b) Compatibility Buffer
(1) Shall be exempt from the landscaping requirements of Art. 7, Landscaping when the
site meets or exceeds the minimum 25-foot setback, and is adjacent to a parcel of land
with agricultural or utility uses or a conservation FLU designation; or [Ord. 2019-023]
(2) Shall be exempt from the landscaping requirements of Art. 7, Landscaping when the
site meets or exceeds a 50-foot setback, and is adjacent to a parcel of land with an
existing landscape buffer. [Ord. 2019-023]
c) Incompatibility Buffer
The Type 3 Incompatibility Buffer may be reduced to 50 percent of the landscaping
materials, excluding the width, and can be a hedge or fence. [Ord. 2019-023]
2) All Tiers
These facilities shall be exempt from interior landscape requirements for the developable area
pursuant to Art. 7, Landscaping. [Ord. 2019-023]
e. Collocation with Existing Electric Power Plant
Solar facilities located on a site with an existing Electric Power Plant may be approved pursuant to
the approval process indicated in the appropriate Use Matrix, and shall not be subject to a
Development Order Amendment pursuant to Art. 2.B.7.C, Development Order Amendment (DOA).
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Article 4 – Use Regulations
Page 125
9. Renewable Energy Wind Facility
a. Definition
A facility that uses one or more Wind Turbines, Meteorological (MET) Towers, or other systems
with a principal use of producing electric or mechanical power from the wind.
Figure 4.B.7.C – Typical Renewable Energy Wind Turbine
b. Environmental Permitting – Letters of Engagement
The Applicant shall provide a letter of engagement from all applicable environmental permitting
agencies, including but not limited to: the Florida Fish and Wildlife Conservation Commission, U.S.
Fish and Wildlife Service, Florida Department of Environmental Protection, or other applicable
regulatory agency. Letters of engagement, or similar documentation, shall indicate that the
proposed facility is under review for applicable permitting or siting requirements for endangered,
threatened, or species of special concern, migratory birds or bats, natural ecosystem or wetlands,
or other local wildlife. The documentation shall be submitted to the Zoning Division, with the Zoning
application. The letter of engagement shall include, at a minimum:
1) Identify organization as Federal, State, or Local;
2) Key individuals involved in review;
3) Role in review process (i.e., studies, review, or permitting); and,
4) Identify any permits or approvals required, critical dates, input in review process, and possible
Conditions of Approval, where applicable.
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Article 4 – Use Regulations
Page 126
c. Lot Size
Lots shall comply with the minimum lot dimension requirements pursuant to Table 3.D.1.A, Property
Development Regulations, or the applicable PDD requirements. Non-conforming Legal Lots of
Record may be included within the boundaries of a Renewable Energy Wind Facility if the overall
Project Boundaries meet the minimum standards for the zoning district.
d. Setback or Separation Requirements
Accessory electric poles, distribution, and transmission lines shall be exempt from the minimum
setback requirements indicated below.
1) Facilities shall comply with the minimum setback requirements of the applicable zoning district
unless stated otherwise in the following Table.
Table 4.B.7.C – Renewable Energy Wind Facility Setbacks or Separations
Structures
Min. Separation (1)(2)
Min. Setback (1)
Occupied
Buildings within
Project
Boundary
Habitable
Buildings within
Project
Boundary
Occupied or
Habitable
Buildings
Outside of
Project
Boundary
Project Boundary
Public R-O-W
Non-Residential
FLU
Residential or
Conservation
FLU
Wind Turbines, MET
Towers
, or Other S
imilar
Wind Energy Systems
1.1 x height 2.5 x height 2.5 x height 1.5 x height 2.0 x height 2.5 x height
Accessory or Collocated
Buildings or Structures
Apply zoning district or accessory use PDRs as applicable.
Notes:
1.
Setback or separation from Wind Turbines, MET Towers, or other similar structures shall be measured from the base as depicted in
Figure 1.C.4.E, Typical Example of Measurement of Separation from Structure.
2.
Definitions for Habitable and Occupied shall be in accordance with the Florida Building Code, as may be amended.
2) Type 2 Variance for Setbacks or Separations
Requests for Type 2 Variances from the setback or separation requirements listed above shall
be permitted in accordance with Art. 2, Application Processes and Procedures, and the
following:
a) The minimum proposed setback or separation is not less than one and one-tenth times the
height of the structure;
b) The Applicant submits a study demonstrating that shadow flicker caused by the proposed
Renewable Energy Wind Facility will not affect any occupied or habitable building or
outdoor recreation area. Some shadow flicker not to exceed 30 hours annually may be
approved as part of the Variance upon demonstration that the frequency range is not
adverse to any segments of the public. The study shall be prepared by a licensed Engineer,
Surveyor and Mapper, Architect, Landscape Architect, or other similar professional,
including scientists specializing in renewable energy wind technology.
3) Setback within Multi-Parcel Renewable Energy Wind Facilities in AP
Except for setbacks from habitable and occupied buildings as set forth in Table 4.B.7.C,
Renewable Energy Wind Facility Setbacks or Separations, MET Towers or other similar wind
energy systems on parcels with an AP FLU designation and AP Zoning District, setbacks shall
be measured from the Project Boundary, not from any lot lines located within the Project
Boundary.
4) The measurement of height shall be in accordance with Art. 4.B.9.B.5, Tower Height (related
to Commercial Communication Towers), except that for Wind Turbines, the height shall be
measured to the top of the turbine blade.
e. Perimeter Buffers and Interior Tree Requirements
1) A Type 1 Incompatibility Buffer shall be required when the subject site is adjacent to or visible
from any street or parcels with a conservation (when open to the public), commercial, public
and civic, or residential FLU designation, zoning district, or use. In addition, a Type 2
Incompatibility Buffer shall be required around the perimeter of all ground-mounted equipment
or accessory buildings. Palms may be substituted for 50 percent of the required Canopy trees.
2) Wind Turbines or MET Towers located on parcels with an AP FLU designation and Zoning
District shall be exempt from the landscaping requirements above.
3) These facilities shall be exempt from interior landscape requirements for the developable area
pursuant to Art. 7.C.3, Interior Landscaping.
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Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 127
f. Collocation with Existing Electric Power Plant
Renewable Energy Wind Facilities located on a site with an existing Electric Power Plant shall be
approved pursuant to the approval process indicated in the appropriate Use Matrix, and shall not
be subject to a legislative Development Order Amendment, pursuant to Art. 2.B.7.C, Development
Order Amendment (DOA).
g. Removal
A renewable energy wind project (“Project”), when deemed “abandoned,” shall be removed in
accordance with the provisions of this Subsection. For the purposes of this Section, the term
“Project” shall also include individual Wind Turbines or MET Towers located within a larger
Renewable Energy Wind Facility. The Project shall be deemed “abandoned” when the Project is
completely unable to generate electricity, whether through continued operation or repowering, and
where the owner of the Project (“Project Owner”) is not engaged in any effort to remedy the
condition that gave rise to the complete inability to generate electricity, or if the project fails to
generate electricity for a period of three years regardless of the efforts of the Project Owner. If a
Project is deemed “abandoned,” the Project Owner shall commence removal of the Project. The
arrangements regarding removal of the Project are to be set forth in contracts between the
applicable landowners and the Project Owner, which such arrangements shall:
1) Require the removal of the turbine towers and foundations up to a depth of 36 inches below
grade;
2) Establish a timeframe up to 24 months, subject to adjustment due to force majeure events, to
complete the removal; and,
3) Provide surety, in a form subject to approval of the County Attorney, for removal to the
applicable landowner (as primary beneficiary) and to the County (as secondary beneficiary in
the event the landowner fails to timely enforce its rights under the surety instrument). The
amount of the surety shall be calculated by an independent, Florida-certified Professional
Engineer immediately prior to the date it is required to be provided, as set forth in this
subparagraph, and shall be equal to the cost of removing the Project. The surety amount shall
be recalculated every five years thereafter. The surety, which shall be in the form of a single
instrument, shall be provided to the applicable landowner and the County upon the earlier to
occur of:
a) The date which is ten years prior to the end of the lease term between the applicable
landowner and the Project Owner, as such term may be extended from time to time, or
b) The 90th day following the date the Project is deemed “abandoned.”
h. MET Tower Approval Process Exceptions
Permanent MET Towers shall be considered a permitted accessory structure to a Renewable
Energy Wind Facility.
1) DRO Approval
A temporary MET Tower located on a parcel with an AP FLU designation and Zoning District,
to be erected for a period of not more than three years, may be approved by the DRO.
2) Permitted by Right
A temporary MET Tower located on a parcel with an AP FLU designation and Zoning District,
to be erected for a period of not more than three years, where located one mile or more from a
public R-O-W, or parcel of land with a conservation (when open to the public), commercial,
public, civic, or residential FLU designation or use, may be Permitted by Right.
i. Microwave Path Analysis
At time of submittal for Final DRO approval, a professionally prepared microwave path analysis
shall be submitted for review and approval by FDO. Prior to Final DRO approval, the Site Plan shall
clearly depict any area(s) of the site that is required by that analysis to remain free and clear of
encroachments in order to preclude interference with County microwave communication systems.
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Article 4 – Use Regulations
Page 128
j. Aircraft Hazard
To ensure the safety of low-flying aircraft, any application shall demonstrate compliance with 14
CFR § 77.9 and notification requirements to the Administrator of the FAA. In the event there are no
applicable FAA requirements for safety markings of Wind Turbines or MET Towers the following
safety marking requirements shall be applied:
1) Paint will be applied to the top one-third of the MET Tower in alternating bands of international
orange and white.
2) Three orange guy wire marker spheres will be installed on each of the outer guy wires of the
MET Tower.
3) Ten-foot yellow florescent sleeves will be attached on either side of each marker sphere.
4) A low-intensity flashing red light will be mounted at the top of the MET Tower.
5) Ten-foot yellow florescent sleeves will be attached to each guy wire at the anchor points of the
MET Tower.
k. Color
Towers, turbines, and blades shall be painted non-reflective white or grey, or other non-reflective
unobtrusive color and shall be consistent with any information provided at time of DO approval.
Change in color may be allowed subject to DRO approval, where required by regulatory agency
permitting or other similar approvals. Signage, equipment, or project logo or labeling shall be
prohibited on Wind Turbines, MET Towers, or other similar wind energy systems.
10. Solid Waste Transfer Station
a. Definition
A facility where solid waste or yard waste from smaller vehicles is transferred into larger vehicles
before being shipped or transported to a solid waste processing or disposal facility.
b. Location
The facility shall front on and have access from an Arterial or Collector Street.
c. Setbacks
All portions of a transfer station, including structures, ramps, parking, and on-site circulation areas,
shall be set back a minimum of 50 feet or the zoning district setback, whichever is greater, from all
property lines, lakes, canals, water management tracts, retention/detention areas, drainage swales,
and other water bodies.
d. Buffer
A minimum 50-foot-wide Incompatibility Buffer shall be provided adjacent to an existing residential
FLU designation or use. Required landscaping not visible from adjacent lots or streets may be
waived through a Type 1 Waiver.
e. Storage Areas
All solid waste stored outdoors shall be in leak-proof containers or located on a paved surface
designed to capture all runoff. Runoff shall be treated in a manner that is in conformance with Local,
State, and Federal regulations. Solid waste or yard waste may be sorted or temporarily stored but
not processed at a transfer station.
f. Operation Functions
1) Access
A graphic and written analysis of access routes to the site.
2) Type
An explanation of the type of facility requested including a description of the materials to be
handled, methods of operation, handling procedures, whether sorting will occur, and runoff
treatment plans.
3) Waste
The quantity of waste to be received, expressed in cubic yards per day or tons per day.
4) Hours of Operation
A statement specifying the hours of operation.
5) SWA Permit
Prior to operation of the facility, the owner or operator shall obtain a SWA Permit.
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Page 129
11. Water or Wastewater Treatment Plant
a. Definition
A facility designed for treatment and disposal of more than 5,000 gallons per day of water or
wastewater.
b. Location
In the AGR Zoning District, a Water or Wastewater Treatment Plant shall not be located west of
SR 7/U.S. Highway 441.
c. Sanitary Nuisances
Facilities shall be designed and operated to minimize objectionable odors. Potential sanitary
nuisances shall be addressed by the PBC Health Department pursuant to F.S. ch. 386, pt. I, as
may be amended from time to time.
d. Setbacks – Water or Wastewater Treatment Plant
For purposes of this Section, the AR Zoning District is not considered a residential zoning district.
Required setbacks are as follows:
Table 4.B.7.C – Wastewater Treatment Plant Setbacks
Type/Capacity
Type of Plant
Setback from Residential and
Commercial Zoning District
Setback From Non-Residential
and Non-Commercial Zoning
District
Wastewater Treatment Plants
over One Million Gallons per Day
Capacity
Head Works, Clarifiers, Sludge
Treatment and
Handling
Facilities without Odor Control
750’ 500’
Head Works, Clarifiers, Sludge
Treatment and
Handling
Facilities with Odor Control
300’ (2) 200’ (1)
Chemical Storage Facilities
300’
200’
Accessory Facilities
200’
100’
Wastewater Treatment Plants Up
to One Million Gallons per Day
Capacity including Package
Treatment Facilities
Treatment Units without Odor
Control
150’ 150’
Treatment Units with Odor
Control
100’ (1) 100’ (1)
Chemical Storage Facilities
100’
100’
Accessory Facilities
100’
100’
Water Reclamation Production
Facility (Any Capacity Stand
-
Alone Facility Larger than a
Minor Utility Which Is Filtering
Already Treated Wastewater
(Secondary Effluent) (3)(4)
Storage Tanks, Filtration
System, Hypochlorite Tanks,
Office/Lab/Generator Buildings,
and Accessory Facilities
50’ front; 15’ side; 25’ side street;
and, 20’ rear or the min. district
setback, whichever is greater
50’ front; 15’ side; 25’ side street;
and, 20’ rear or the min. district
setback, whichever is greater
Membrane Bioreactor (MBR)
System
Storage Tanks, Enclosed
Reinforced Hollow Fiber or Flat
Plate Membranes, Clarification,
Aeration,
and Filtration of
Wastewater for Discharge or
Reuse Applications
50’ front; 15’ side; 25’ side street;
and, 20’ rear or the min. district
setback, whichever is greater
50’ front; 15’ side; 25’ side street;
and, 20’ rear or the min. district
setback, whichever is greater
Notes:
1.
Minimum lot dimensions shall be governed by the regulations above or the most recent standards adopted by the District and shall apply
only to new schools.
The District shall forward any changes in the standards to the Department within 20 days of School Board adoption.
Minimum lot dimensions shall include, if applicable, sufficient room for any on-site retention.
2.
Tertiary filters do not require odor control.
3.
If an existing utility site is being redeveloped into a Water Reclamation Production Facility or MBR, the setbacks established for the
original use will be utilized for the water reclamation facility or MBR unless they are more restrictive than the setbacks noted in this T
able.
If the reclamation or MBR facility qualifies as a Minor Utility those regulations will apply instead of this Table.
4.
A Water Reclamation Production Facility treating raw wastewater to tertiary levels must meet the setback requirements for a Wastewater
Treatment Plant of similar capacity unless it qualifies as a Minor Utility, in which case, those regulations will apply.
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Article 4 – Use Regulations
Page 130
Table 4.B.7.C – Water Treatment Plant Setbacks for Open Treatment Process
Type/Capacity
Type of Plant
Setback
Water Treatment Plants over Two Million
Gallons per Day Capacity
Treatment Units and Chemical Storage
200’
Units Which Cause Airborne Sulfides
500’ (1)
Accessory Facilities
100’
Water Treatment Plants Up to Two Million
Gallons per Day Capacity, including
Package Treatment Facilities
Treatment Units and Chemical Storage
100’
Units Which Cause Airborne Sulfides
250’ (2)
Accessory Units
100’
Notes:
1.
Odor control. Unless treatment for removal of sulfides for odor control is included.
2.
Maximum building height. Buildings not including storage tanks and water towers higher than 35 feet are allowed provided the following
setbacks are met:
a.
The minimum yard setback of this Section; and
b.
An additional one-foot setback for each one foot in height exceeding 35 feet.
Table 4.B.7.C – Water Treatment Plant Setbacks for Enclosed Treatment Process without Gas Chlorine
Type/Capacity
Yard
Setback
Water Treatment Plants over Two Million
Gallons per Day Capacity
Front
80’
Side
50’
Rear
50’
Chemical Storage
200’ (1)
Water Treatment Plants Up to Two Million
Gallons per Day Capacity, including
Package Treatment Facilities
Front
80’
Side
50’
Rear
50’
Chemical Storage
100’
Notes:
1.
Chemical storage setbacks may be reduced by 50 percent for facilities using enclosed treatment process without chlorine gas, along
property lines adjacent to parcels with a PO Zoning District and INST FLU designation, or AP Zoning District and FLU designations.
e. Accessory Use
A Water or Wastewater Treatment Plant may be collocated with a Public School installed in
accordance with all applicable Federal, State, and Local utility standards.
1) Location/Buffering
The facility shall be located and buffered to ensure compatibility with surrounding land use.
2) Duration
The use of the facility shall only be permitted until such time as central water or wastewater
service is available from the appropriate utility.
f. Landscaping
1) Buffer
Perimeter landscape buffers shall have a minimum width of 25 feet or be equal to the setback
requirements if less than 25 feet.
2) Trees
A single row of trees shall be planted in all landscape buffers at a ratio of one 14-foot-tall tree
for each 25 linear feet.
3) Screening
Screening consisting of a hedge, berm, or fence wall which will present a visual screen at least
six feet in height within one year of installation shall be provided around the perimeter of the
site.
g. Package Treatment Facility
Package water or wastewater treatment facilities shall comply with the following additional
standards:
1) Limited Service Area (LSA)
a) Package treatment facility shall be prohibited in the LSA except for use by schools or
located in the United Technologies Corporation Protection Overlay or the North County
General Aviation Facility.
b) If a package treatment facility is proposed to be developed in the LSA, confirmation shall
be provided from the PBCHD that use of a package treatment plant is necessary to protect
water quality. The PBCHD shall certify that the uses proposed can be adequately served
with a package treatment plant.
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 131
2) Rural Service Area (RSA)
If a package treatment facility is proposed to be developed in the RSA, there shall be
demonstrated evidence that it is to be used to provide potable water or wastewater service to
Bona Fide Agriculture uses, public recreational uses, public educational uses, or other uses
when found to be consistent with the Plan by the Planning Director and upon approval of the
Director of the PBCHD. The PBHD may impose conditions or restrictions necessary to protect
public health and prevent the creation of a nuisance. All package plants in the RSA shall be
operated and maintained by a public utility. Based on the standards of operator coverage in
Chapter 62-699, F.A.C. and Chapter 62-602, F.A.C., the BCC, may require a higher level of
operator coverage.
h. Effect on Previously Approved Plants
Water and Wastewater Treatment Plants approved prior to the effective date of this Code shall be
considered conforming uses. Expansion or redevelopment of existing facilities or an existing utility
site to the same or a different utility use or treatment technology may be allowed with setbacks less
than those listed in this Section of the Code provided the expansion or redevelopment is reviewed
and approved by the DRO and odor control is provided if applicable.
i. Biosolids Land Application
Class A or B biosolids, as defined by Chapter 62-640, F.A.C., may be applied to land in Bona Fide
Agriculture operation in the AP, AGR, and AR Zoning Districts. Class AA biosolids, as defined by
Chapter 62-640, F.A.C., has unlimited distribution pursuant to Chapter 62-640, F.A.C. Nothing
herein shall preclude disposal of biosolids at a Landfill or at a Wastewater Treatment Plant in
compliance with applicable Federal, State, and Local regulations nor effect any biosolid operation
approved prior to the effective date of this Code.
1) AP and AGR Zoning Districts
A Class A or B biosolid shall be Permitted by Right on the site of a Bona Fide Agriculture
operation in the AP and AGR Zoning Districts in compliance with FDEP standards in Chapter
62-640, F.A.C., as verified by the PBCHD. Following verification, the PBCHD shall be notified
of the proposed first date of the land application no fewer than 30 days prior to land application.
2) AR Zoning District
Land application for a Class A or B biosolid shall be permitted in the AR Zoning District on the
site of a Bona Fide Agriculture operation following approval by the DRO. An Applicant shall
demonstrate compliance with FDEP standards except that the required separation from
buildings and other property lines shall be as specified below. In the case of several adjacent
properties which apply for a biosolid the properties may be combined for the purpose of
measuring the required separation and the separation may be measured from the boundary of
the most exterior property.
a) External Separation
There shall be a minimum separation of 500 feet from any off-site structure occupied on a
daily or frequent basis by people. This distance shall be measured from the perimeter of
the biosolid application area outward toward the structure.
b) Internal Separation
Internal to the site, there shall be a minimum 200-foot separation from the perimeter of the
biosolid application area to the property line of the parcel.
c) Setbacks
These setbacks may be reduced or increased by the Director of the PBCHD.
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 132
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Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 133
Section 8 Transportation Uses
A. Transportation Use Matrix
Table 4.B.8.A – Transportation Use Matrix
Standard Zoning Districts
Use Type
Planned Development Districts (PDDs) Traditional Development Districts (TDDs)
AG/CON Residential Commercial
C
M
R
IND INST
PUD MUPD PIPD M R TND TMD
Pods FLU Pods H V Tier
P A A AR R R R R C C C C C C URAO IRO I I I P I R C R C A C C C C C I E C I I C I P P
U/S
Exurban/
Rural
U E
AGR
C G P R U E T S M N L C H G R U U U U U FLU L L G O P E O E I G L H L H R N D M N N O N D D S X
R S S O O E C C C I I C C C C F S M C V R O O D C R S D M D R N O R N O R D P
A A 1 2 3 1 2 L L H H / T / / E C S E C S U E R
O O P L G S R S R R V E
E E A S
Supplementary Use
Standards #
C C L
Transportation Uses (2)
- - - - - - - - - - - - - - A - - - - - - - - - - - A A A Airport 1 - - - - - - - - - A A A - - A - A - - - - - - - - - - - -
- - - - - - - - - - - - - A A A A - A - - - A - - D D P D Heliport 2 - - - - - - A - - A A A - - A A A - - - - - - - - A A A -
- - - - - - - - - - - - - - A - - - - - - - - - - - A A A Landing Strip 3 - - - - - - - - - A A A - - A - A - - - - - - - - - - - -
-
-
-
-
-
-
-
-
-
-
-
-
-
-
A
-
-
-
-
-
-
-
-
-
-
-
A
A
A
Seaplane Facility
4
-
-
-
-
-
-
-
-
-
A
A
-
-
-
A
-
A
-
-
-
-
-
-
-
-
-
-
-
-
- - - - - - - - - - - - - A - A A A A A - - - - - - - A A Transportation Facility 5 - - - - - - A - - - - - - A - A - - - - - - - - - - - - -
[Ord. 2017
-007] [Ord. 2017-025] [Ord. 2018-002] [Ord. 2021-023] [Ord. 2023-011]
Use Approval Process Key:
P Permitted by Right
D Subject to DRO approval A Subject to BCC approval (Class A Conditional Use)
B Subject to Zoning Commission approval (Class B Conditional Use) - Prohibited use, unless stated otherwise within Supplementary Use Standards
(1) Supplementary Use Standards for each use must be reviewed regardless of the approval process set forth in the Use Matrix. Refer to the numbers in the Supplementary Use Standards column.
(2) Uses may require a higher level of approval pursuant to Table 4.A.9.A, Thresholds for Projects Requiring DRO Approval, and Table 4.A.9.B, Thresholds for Projects Requiring Board of County Commissioners Approval, unless otherwise specified within the Supplementary Use Standards of the specific use. [Ord. 2021-023]
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Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 134
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Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 135
B. General Transportation Standards for Aviation-Related Uses
All Airports, Heliports, Landing Strips, and Seaplane Facilities not owned and operated by the State of
Florida, PBC, or a Hospital shall comply with the following standards:
1. Setbacks
a. No structure or navigation aid shall be located within 50 feet of any property line.
b. There shall be a 100-foot setback between the edge of the landing area, as defined by the FDOT,
and the property line.
2. Structure Height
A Variance shall not be required for a structure to exceed the height limit for the zoning district in which
the use is located, if the additional height is required by Federal law or Florida Statutes.
3. Hangars
Storage buildings for aircraft shall be allowed as principal structures. Hangars accessory to an
Agriculturally Classified Use as established by State Statutes shall be located on parcels containing a
minimum of 20 acres.
4. FAA and FDOT Requirements
DRO and Class A Conditional Use approvals as related to FAA and FDOT requirements shall be in
accordance with F.S. § 125.022(4), Development Permits.
C. Definitions and Supplementary Use Standards for Specific Uses
1. Airport
a. Definition
Any facility designed to accommodate landing or take-off operations of aircraft.
2. Heliport or Vertiport
a. Definition
A facility designed to accommodate helicopter operations or other vertical take-off and landing
rotorcraft, including facilities and structures, needed for heliport businesses to function. [Ord. 2017-
025]
b. Accessory Uses
Except where otherwise allowed as a principal or collocated use, a Heliport limited to landing and
take-off of helicopters, tilt rotors, or rotorcraft may be allowed as an accessory use, as follows:
1) Accessory to an Agriculturally Classified Use as established by State Statutes, in the AGR, AR,
AP, and RE Zoning Districts, located on parcels containing a minimum of ten acres, shall be
Permitted by Right.
2) Accessory to Single Family in the AR, RE, and RM Zoning Districts, subject to Class A
Conditional Use approval.
3) Accessory to a residential subdivision, as a Neighborhood Recreation Facility, or within the
Recreation or Civic Pod of a PDD or TDD, subject to Class A Conditional Use approval.
4) Accessory to a Public Park as follows:
a) Subject to Class A Conditional Use approval if located within 1,000 feet from a parcel of
land with a residential use or FLU designation. A Heliport shall be Permitted by Right if
located more than 1,000 feet from a parcel of land with a residential use or FLU
designation. Measurement shall be made from the edge of the helipad to the property line
of a parcel of land with a residential FLU designation or use; or
b) Permitted by Right if limited to a helipad for emergency purposes.
5) A helipad accessory to Data and Information Processing, and Research and Development
subject to Class A Conditional Use approval.
6) Accessory to Government Services or Government Facilities, subject to Class A Conditional
Use approval. A Heliport shall be Permitted by Right if located more than 1,000 feet from a
parcel of land with a residential FLU designation or use. Measurement shall be made from the
edge of the helipad to the property line of a parcel of land with a residential FLU designation or
use.
7) Accessory to a Hospital may be Permitted by Right.
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 136
3. Landing Strip
a. Definition
A ground facility designed to accommodate landing and take-off operations of aircraft, including
facilities or structures, needed for landing strip functions.
b. Accessory Uses
Except where otherwise allowed as a principal or collocated use, a Landing Strip may be allowed
as an accessory use, as follows:
1) Accessory to an Agriculturally Classified Use as established by State Statutes, in the AGR, AP,
and AR/RSA Zoning Districts, located on parcels containing a minimum of 20 acres, shall be
Permitted by Right.
2) Accessory to a residential subdivision, as a Neighborhood Recreation Facility, or within the
Recreation or Civic Pod of a PDD or TDD, subject to Class A Conditional Use approval.
3) Accessory to Government Services or Government Facilities, subject to Class A Conditional
Use approval.
4. Seaplane Facility
a. Definition
A facility, on land or water, designed to accommodate the landing and take-off of seaplanes, water
taxiing, anchoring, ramp service, and onshore facilities.
b. Separation Distance – Residential Zoning District
1) If the Seaplane Facility use is limited to the adjacent Property Owners who jointly own and
maintain the aircraft facility, it may be located in a residential zoning district provided the facility
is not commercial or within 400 feet of a residential use.
2) If the facility is a commercial venture, it shall not be located within 1,000 feet of a parcel of land
with a residential FLU designation or use.
c. Minimum Land Area
The minimum required land area for any type of seaplane operation shall be two acres.
d. Water Area
All seaplane operations shall comply with the following minimum standards for water landing area:
Table 4.B.8.C – Seaplane Landing Area Standards
Length
3,500’
Width
300’
Depth
4’
e. Airport Approach
No seaplane operation shall be considered unless the airport approach to the water landing area
is at a slope of 40 to one or flatter for a distance of at least two miles from both ends of the water
landing area and is clear of any building structure or portion thereof that extends through and above
the airport approach plane.
f. Setbacks
All buildings, structures, and aircraft parked onshore shall be located a minimum distance from all
property lines of at least 50 feet.
g. Landing Operations
All aircraft landings shall be performed under Visual Flying Rules (VFR) and shall not be conducted
during the hours between sunset and sunrise.
h. Parking
Shore facilities shall provide one automobile parking space for each 2,000 square feet of hangar
or tie-down area, or one space per craft, whichever is greater. All shore facilities shall provide a
minimum of five parking spaces.
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 137
5. Transportation Facility
a. Definition
An establishment used as a transfer point for the loading and unloading of passengers from one
mode of transportation to another, excluding Airports, aviation-related uses, and bus stops and
alighting areas as outlined within Art. 5.H, Mass Transit Standards.
b. Typical Uses
A Transportation Facility use may include, but not be limited to: bus stations, ferryboat or cruise
ship terminals, and commuter railroad stations.
c. Approval Process
1) UC, UI, and PO Zoning Districts
a) A Transportation Facility in the UC and UI Zoning Districts that is subject to Class A
Conditional Use approval may be approved by the DRO if located 200 feet or more from a
parcel of land with a residential FLU designation or use.
b) A Transportation Facility in the PO Zoning District that is subject to Class A Conditional
Use approval shall be Permitted by Right if located 200 feet or more from a parcel of land
with a residential FLU designation or use.
2) All Other Zoning Districts
A Transportation Facility in all other zoning districts subject to Class A Conditional Use approval
may be approved by the DRO if located 500 feet or more from a parcel of land with a residential
FLU designation or use.
d. Location
Bus or railroad stations shall have frontage on and access from a Collector or Arterial Street, unless
located within a PDD or TDD.
e. Separation from Residential
A Transportation Facility located within 200 feet from a parcel of land with a residential FLU
designation or use shall be subject to the following:
1) Building openings used by vehicles and unglazed architectural openings shall not face
residential; and
2) A Type 3 Incompatibility Buffer shall be required.
f. Vehicular and Pedestrian Circulation Areas
The site design shall address the following:
1) Vehicle idling and queuing spaces do not encumber on-site circulation traffic or present a safety
hazard for vehicles or pedestrians.
2) Designated passenger drop-off/pick-up areas.
3) A minimum six-foot-wide sidewalk in front of or adjacent to the drop-off spaces and connected
to the building entrance.
4) On-site vehicular circulation paved areas shall be set back a minimum 100 feet if adjacent to a
parcel of land with a residential FLU designation or use.
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 138
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Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 139
Section 9 Commercial Communication Towers
A. Commercial Communication Towers Matrix
Table 4.B.9.A – Commercial Communication Towers Matrix
Standard Zoning Districts
Use Type
Planned Development Districts (PDDs) Traditional Development Districts (TDDs)
AG/CON Residential Commercial
C
M
R
IND INST
PUD MUPD PIPD M R TND TMD
Pods FLU Pods H V Tier
P A A AR R R R R C C C C C C URAO IRO I I I P I R C R C A C C C C C I E C I I C I P P
U/S
Exurban/
Rural
U E
AGR
C G P R U E T S M N L C H G R U U U U U FLU L L G O P E O E I G L H L H R N D M N N O N D D S X
R S S O O E C C C I I C C C C F S M C V R O O D C R S D M D R N O R N O R D P
A A 1 2 3 1 2 L L H H / T / / E C S E C S U E R
O O P L G S R S R R V E
E E A S
Supplementary Use
Standards #
C C L
Commercial Communication Towers (2)
P D P D D D D D D P P P P P P A A A A A A A A A P P P P P Stealth Tower ≤ 100’ 1 - A - A - P P - - - P P P P P P P - - - D - - D - - - - P
D D D D D D B B B D D D D D D A A A A A A A A A D D D D D Stealth Tower > 100’ ≤ 125’ 1 - A - A - D D - - - D D D D D D D - - - D - - D - - - - D
B B B B B B A A A B B B B B B A A A A A A A A A B B B A B Stealth Tower > 125’ ≤ 200’ 1 - A - A - B B - - - B B B B B B B - - - B - - B - - - - B
P
P
P
P
P
P
D
D
D
P
P
P
P
P
P
A
A
A
A
A
A
A
A
A
P
P
P
P
P
Camouflage Tower ≤ 150’
2
-
A
-
A
-
P
P
-
-
-
P
P
P
P
P
P
P
-
-
-
D
-
-
D
-
-
-
-
P
B P D D D D - - - B B D B D B A A A A A A A A A D D D D B Monopole Tower ≤ 60’ 3 - D - D - B B - - - D D D B D D D - - - D - - D - - - - B
B D D B B B - - - B B D B D B A A A A A A A A A D D D D B Monopole Tower > 60’ ≤ 100’ 3 - A - A - B B - - - D D D B D D D - - - B - - B - - - - B
B B D B B B - - - B B D B D B A A A A A A A A A D D D D B Monopole Tower > 100’ ≤ 150’ 3 - A - A - B B - - - D D D B D D D - - - B - - B - - - - B
B B D B B B - - - B B D B D B A A A A A A A A A D D D D B Monopole Tower > 150’ ≤ 200’ 3 - - - - - B B - - - D D D B D D D - - - - - - - - - - - B
A A D A A - - - - A A B A B A A A A A A A A A A D D D A A Monopole Tower > 200’ ≤ 250’ 3 - - - - - A A - - - D D D A D D D - - - - - - - - - - - A
A A B A A - - - - A A A A A A A A A A A A A A A B B B A A Monopole Tower > 250’ 3 - - - - - A A - - - B B B A B B B - - - - - - - - - - - A
P P P D D B - - - - - - - P - A A A A A A A A A P P P P - Self-Support/Lattice Tower ≤ 60’ 4 - D - D - - - - - - P P P - P P P - - - D - - D - - - - P
D D D B B A - - - - - - - D - A A A A A A A A A D D D D - Self-Support/Lattice Tower > 60’ ≤ 100’ 4 - A - A - - - - - - D D D - D D D - - - B - - B - - - - D
D B D A A A - - - - - - - D - A A A A A A A A A D D D D - Self-Support/Lattice Tower > 100’ ≤ 150’ 4 - A - A - - - - - - D D D - D D D - - - A - - A - - - - D
D A D A A - - - - - - - - B - A A A A A A A A A D D D A - Self-Support/Lattice Tower > 150’ ≤ 200’ 4 - - - - - - - - - - D D D - D D D - - - - - - - - - - - D
[Ord. 2017
-007] [Ord. 2017-025] [Ord. 2018-002] [Ord. 2021-023] [Ord. 2023-011]
Use Approval Process Key:
P Permitted by Right
D Subject to DRO approval A Subject to BCC approval (Class A Conditional Use)
B Subject to Zoning Commission approval (Class B Conditional Use) - Prohibited use, unless stated otherwise within Supplementary Use Standards
(1) Supplementary Use Standards for each use must be reviewed regardless of the approval process set forth in the Use Matrix. Refer to the numbers in the Supplementary Use Standards column.
(2) Uses may require a higher level of approval pursuant to Table 4.A.9.A, Thresholds for Projects Requiring DRO Approval, and Table 4.A.9.B, Thresholds for Projects Requiring Board of County Commissioners Approval, unless otherwise specified within the Supplementary Use Standards of the specific use. [Ord. 2021-023]
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 140
Table 4.B.9.A – Commercial Communication Towers Matrix
Standard Zoning Districts
Use Type
Planned Development Districts (PDDs) Traditional Development Districts (TDDs)
AG/CON Residential Commercial
C
M
R
IND INST
PUD MUPD PIPD M R TND TMD
Pods FLU Pods H V Tier
P A A AR R R R R C C C C C C URAO IRO I I I P I R C R C A C C C C C I E C I I C I P P
U/S
Exurban/
Rural
U E
AGR
C G P R U E T S M N L C H G R U U U U U FLU L L G O P E O E I G L H L H R N D M N N O N D D S X
R S S O O E C C C I I C C C C F S M C V R O O D C R S D M D R N O R N O R D P
A A 1 2 3 1 2 L L H H / T / / E C S E C S U E R
O O P L G S R S R R V E
E E A S
Supplementary Use
Standards #
C C L
Commercial Communication Towers (2)
B A B A A - - - - - - - - B - A A A A A A A A A B B B A - Self-Support/Lattice Tower > 200’ ≤ 250’ 4 - - - - - - - - - - B B B - B B B - - - - - - - - - - - -
A A B A A - - - - - - - - A - A A A A A A A A A B B B A - Self-Support/Lattice Tower > 250’ 4 - - - - - - - - - - A A A - A A A - - - - - - - - - - - -
P P P D D B - - - - - - - P - A A A A A A A A A P P P P P Guyed Tower ≤ 60’ 5 - D - D - P P - - - P P P P P P P - - - - - D - - D - - -
D D D B B A - - - - - - - D - A A A A A A A A A D D D D D Guyed Tower > 60’ ≤ 100’ 5 - A - A - D D - - - D D D D D D D - - - - - B - - B - - -
D B D A A - - - - - - - - D - A A A A A A A A A D D D D D Guyed Tower > 100’ ≤ 150’ 5 - - - - - D D - - - D D D D D D D - - - - - - - - - - - -
B A D A A - - - - - - - - B - A A A A A A A A A D D D A B Guyed Tower > 150’ ≤ 200’ 5 - - - - - B B - - - D B B B D D D - - - - - - - - - - - -
B A B A A - - - - - - - - B - A A A A A A A A A B B B A B Guyed Tower > 200’ ≤ 250’ 5 - - - - - B B - - - B B B B B B B - - - - - - - - - - - -
A A B A A - - - - - - - - A - A A A A A A A A A B B B A A Guyed Tower > 250’ 5 - - - - - A A - - - B B B A B B B - - - - - - - - - - - -
Electrical Transmission Lines and Substations (2)
P D P D D D D D D P P P P P P P P P P P P P P P P P P P P Stealth ≤ 104’ A A A A - P P P P P P P P P P P P A A P P A A A A A A P -
P D D A A A A A A D D D D D D D D D D D D D D D D D D D D Stealth > 104’ ≤ 125’ A A A A - D D D D D D D D D D D D A A D D A A A A A A D -
D A D A A A A A A B B B B B B B B B B B B B B B B B B B B Stealth > 125’ < 150’ A A A A - B B B B B B D D B B B B A A B B A A A A A A B -
B D D A - - - - - B B B B B B B B B B B B B B B D D D D B Full Array Urban ≤ 80’ - A A A - B B B B B D D D B D D D - - B B - A - - A - B -
B B D A - - - - - B B B B B B B B B B B B B B B D D D D B Full Array Urban > 80’ ≤ 125’ - A A A - B B B B B D D D B D D D - - B B - A - - A - B -
A A D A - - - - - A A A A A A A A A A A A A A A D D D D B Full Array Urban > 125’ < 150’ - A A A - A A A A A D D D A D D D - - A A - A - - A - A -
A A D A - - - - - - - - - - - - - - - - - - - - A A A A A Full Array Rural ≤ 250’ - - - - - - - - - - A A A - A - A - - - - - - - - - - - -
A A B A - - - - - - - - - - - - - - - - - - - - A A A A A Full Array Rural > 250’ - - - - - - - - - - A A A - A - A - - - - - - - - - - - -
[Ord. 2017
-007] [Ord. 2017-025] [Ord. 2018-002] [Ord. 2021-023] [Ord. 2023-011]
Use Approval Process Key:
P Permitted by Right
D Subject to DRO approval A Subject to BCC approval (Class A Conditional Use)
B Subject to Zoning Commission approval (Class B Conditional Use) - Prohibited use, unless stated otherwise within Supplementary Use Standards
(1) Supplementary Use Standards for each use must be reviewed regardless of the approval process set forth in the Use Matrix. Refer to the numbers in the Supplementary Use Standards column.
(2) Uses may require a higher level of approval pursuant to Table 4.A.9.A, Thresholds for Projects Requiring DRO Approval, and Table 4.A.9.B, Thresholds for Projects Requiring Board of County Commissioners Approval, unless otherwise specified within the Supplementary Use Standards of the specific use. [Ord. 2021-023]
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 141
B. General Standards
Commercial Communication Towers include provisions for any tower, pole, or structure that supports a
device whose principal use is to facilitate transmissions for AM/FM radio, television, microwave, cellular,
personal wireless services, or related forms of electronic communications. The regulations include
provisions for Stealth, Camouflage, Monopole, Self-Support/Lattice, and Guyed Towers.
Table 4.B.9.B – Typical Examples of Commercial Communication Towers
Camouflage
Stealth
Monopole
Self-Support/Lattice
Guyed
1. Collocated Tower and Accessory Structures
Communication towers may be permitted on a lot with another principal use as provided herein unless
stated otherwise.
a. Owned Parcel
Communication towers may be located on lots containing another principal use, including another
communication tower.
b. Leased Parcel
Towers may occupy a leased parcel on a lot that meets the minimum lot size requirement of the
zoning district in which it is located. PBC may require execution of a Unity of Control, or other
documentation as determined appropriate by the County Attorney, for leased parcels that do not
meet the minimum lot size requirement for the zoning district in which they are located.
c. Accessory Structures
Any structure accessory to communication towers, other than peripheral supports and guy anchors,
shall conform to the setback requirements for the zoning district in which it is located.
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 142
2. Separation and Setbacks
Separation between communication towers and other uses on the lot may be required to ensure
compatibility. Separation or setbacks for all towers shall be established, as provided in Table 4.B.9.B,
Minimum Separation and Setbacks for Towers Located in Residential Zoning Districts, and Table
4.B.9.B, Minimum Separation and Setbacks for Towers Located in Non-Residential Zoning Districts,
unless stated otherwise herein.
a. Towers Located in Residential Zoning Districts
Table 4.B.9.B – Minimum Separation and Setbacks for Towers Located in Residential Zoning Districts
Tower Type
Adjacent to
AGR
AR/RSA
AR/USA
RE
RT
RS
RM
PUD
RVPD
MHPD
TND
Stealth Tower
≤
125’
Residential
Existing
150% of tower height for separation between tower and adjacent residential structures
100% of tower height for setback from property line
Residential
Vacant
100% of tower height for setback from property line
Non-Residential
and
Public R-O-W
100% of tower height for setback from property line
Stealth Tower
> 125' to 200’
Max.
Residential
Existing
150% of tower height for separation between tower and adjacent residential structures
100% of tower height for setback from property line
Residential
Vacant
100% of tower height for setback from property line
Non-Residential
and
Public R-O-W
20% of tower height or zoning district setbacks whichever is greater
Camouflage
Tower
150’ M
ax. (1)
Residential
Existing
150% of tower height for separation between tower and adjacent residential structures
100% of tower height for setback from property line
Residential
Vacant
100% of tower height for setback from property line
Non-Residential
and
Public R-O-W
20% of tower height or zoning district setbacks whichever is greater
Monopole Tower
(2)
Residential
Existing
600% of tower height for separation between tower and adjacent residential structures
150% of tower height for setback from property line
Residential
Vacant
150% of tower height for setback from property line
Non-Residential
and
Public R-O-W
20% of tower height or zoning district setbacks whichever is greater
Self
-Support/
Lattice Tower (2)
Residential
Existing
600% of tower height for separation between tower and adjacent residential structures
150% of tower height setback from property line
Residential
Vacant
150% of tower height setback from property line
Non-Residential
and
Public R-O-W
20% of tower height or zoning district setbacks whichever is greater
Guyed Tower (2)
Residential
Existing
Lesser of 600% of tower height or 1,500’ separation between tower and adjacent residential structures,
and 150% of tower height for setback from property line
Residential
Vacant
150% of tower height for setback from property line
Non-Residential
and
Public R-O-W
20% of tower height or zoning district setbacks whichever is greater
FDOT
Height, tower type, and setbacks limited as provided in this Section
[Ord. 2017-016]
Notes:
1.
Maximum height subject to the specific requirements contained in the Supplementary Use Standards.
2.
Applicable to any tower height.
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 143
Table 4.B.9.B – Minimum Separation and Setbacks for Towers Located in Residential Zoning Districts,
Cont’d.
Tower Type
Adjacent to
AGR
AR/RSA
AR/USA
RE
RT
RS
RM
PUD
RVPD
MHPD
TND
Electrical Transmission Lines and Substations
Stealth (3)
Residential
Existing (1) or
Vacant (2)
150% of tower height for separation, and 100% of tower height for setback from property line
Non-Residential
20% of tower height or zoning district setback whichever is greater
Full Array Urban
≤
80’ (3)
Residential
Existing (1) or
Vacant (2)
150% of tower height for separation, and 100% of tower height for setback from property line
Non-Residential
20% of tower height or zoning district setback whichever is greater
Full Ar
ray Urban
>
80’ < 150’ (3)
Residential
Existing (1) or
Vacant (2)
600% of tower height for separation, and 100% of tower height for setback from property line
Non-Residential
and
Public R-O-W
20% of tower height or zoning district setback whichever is greater
Full Array Rural
(3)
Residential
Existing (1) or
Vacant (2)
600% of tower height for separation, and 150% of tower height for setback from property line
Non-Residential
and
Public R-O-W
20% of tower height or zoning district setback whichever is greater
[Ord. 2017-016]
Notes:
1.
Maximum height subject to the specific requirements contained in the Supplementary Use Standards.
2.
Applicable to any tower height.
3.
Exceptions to minimum setbacks or separations may be allowed in accordance with Art. 4.B.9.D.1.f, Exceptions to Separations and
Setback Requirements.
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 144
b. Towers Located in Non-Residential Zoning Districts
Table 4.B.9.B – Minimum Separation and Setbacks for Towers Located in Non-Residential Zoning
Districts
Tower Type
Adjacent to
PC
AP
CN
CLO
CC
CHO
CG
CRE
UC
UI
IRO
IL
IG
IPF
PO
MUPD
PIPD
Stealth Towers
200’ M
ax.
Residential
Existing (1)
150% of tower height for separation, and 100% of tower height for setback from property line
Residential
Vacant (2)
100% of tower height for setback from property line
Non-Residential
and
Public R-O-W
20% of tower height or zoning district setbacks whichever is greater
Camouflage
Towers
150’ M
ax. (1)
Residential
Existing (1)
150% of tower height for separation, and 100% of tower height for setback from property line
Residential
Vacant (2)
100% of tower height for setback from property line
Non-Residential
and
Public R-O-W
20% of tower height or zoning district setbacks whichever is greater
Monopole Tower
(2)
Residential
Existing (1)
600% of tower height for separation, and 150% of tower height for setback from property line
Residential
Vacant (2)
150% of tower height for setback from property line
Non-Residential
and
Public R-O-W
20% of tower height or zoning district setbacks whichever is greater
Self
-Support/
Lattice Tower (2)
Residential
Existing (1)
600% of tower height for separation, and 150% of tower height for setback from property line
Residential
Vacant (2)
150% of tower height for setback from property line
Non-Residential
and
Public R-O-W
Lesser of 100% of tower height or zoning district setback substantiated by breakpoint calculations
Guyed Tower (2)
Residential
Existing (1)
Lesser of 600% of tower height or 1,500’ separation, and 150% of tower height for setback from
property line
Residential
Vacant (2)
150% of tower height for setback from property line
Non-Residential
and
Public R-O-W
Lesser of 100% of tower height or zoning district setback substantiated by breakpoint calculations
FDOT
Residential
150’ setback from abutting residential property line
Non-Residential
75’ setback from abutting non-residential property line
[Ord. 2017-016] [Ord. 2017-025] [Ord. 2021-023]
Notes:
1.
Maximum height subject to the specific requirements contained in the Supplementary Use Standards.
2.
Applicable to any tower height.
%
Separation or setback as a percentage of tower height.
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 145
Table 4.B.9.B – Minimum Separation and Setbacks for Towers Located in Non-Residential Zoning
Districts, Cont’d.
Tower Type
Adjacent to
PC
AP
CN
CLO
CC
CHO
CG
CRE
UC
UI
IRO
IL
IG
IPF
PO
MUPD
PIPD
Electrical Transmission Lines and Substations
Stealth (3)
Residential
Existing (1) or
Vacant (2)
150% of tower height for separation, and 100% of tower height for setback from property line
Non-Residential
20% of tower height or zoning district setback whichever is greater
Full Array Urban
≤
80’ (3)
Residential
Existing (1) or
Vacant (2)
150% of tower height for separation, and 100% of tower height for setback from property line
Non-Residential
20% of tower height or zoning district setback whichever is greater
Full Array Urban
≤
80’ < 150’ (3)
Residential
Existing (1) or
Vacant (2)
600% of tower height for separation, and 100% of tower height for setback from property line
Non-Residential
and
Public R-O-W
20% of tower height or zoning district setback whichever is greater
Full Array Rural
(3)
Residential
Existing (1) or
Vacant (2)
600% of tower height for separation, and 150% of tower height for setback from property line
Non-Residential
and
Public R-O-W
20% of tower height or zoning district setback whichever is greater
[Ord. 2017-016] [Ord. 2021-023]
Notes:
1.
Maximum height subject to the specific requirements contained in the Supplementary Use Standards.
2.
Applicable to any tower height.
3.
Exceptions to minimum setbacks or separations may be allowed in accordance with Art. 4.B.9.D.1.f, Exceptions to Separations and
Setback Requirements.
%
Separation or setback as a percentage of tower height.
c. Conforming Use or Structure
Construction of any lawful residential or non-residential structure within the required separation
distance shall not create a non-conforming use or structure when an existing communication tower
is established pursuant to the provisions in Art. 4.B.9.B.2, Separation and Setbacks.
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 146
3. Measurement of Separation and Setback from Residential Uses
a. Existing Residential Use
Separations from existing residential structures shall be measured from the wall of the closest
principal residential structure to the base of the tower.
Figure 4.B.9.B – Measurement of Separation
b. Vacant Residential Parcel
Setbacks from vacant residential parcels shall be measured from adjacent property lines to the
base of the tower.
Figure 4.B.9.B – Measurement of Setback
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 147
4. Distance between Towers
Towers shall be subject to the following minimum distances between towers:
Table 4.B.9.B – Distance between Towers
Tower Type
Zoning District
AGR, PC,
and P
arcels
< 10 ac. in
AR
CC, CHO,
CLO, CN,
RE, RM, RS,
RT, and TND
– NC
PUD: COM
and REC
Pods, UC,
UI, CG, RE,
MUPD: CL
and CH FLU,
and TND
OSREC
Parcels <
10
ac. in: AP,
IG, IL, and
PIPD
Parcels ≥
10
ac. in: AP,
AR, IG, IL,
and PIPD
PO
PUD: CIV
Pod,
MUPD:
INST FLU,
and IPF
Electrical
Transmission
Lines and
Substations,
and FDOT
R-O-Ws
Stealth
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Camouflage
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Monopole
≤ 60’ in Height
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
> 60’ ≤ 100’ in Height
500’
660’
500’
N/A
N/A
N/A
300’
N/A
> 100’ ≤ 150’ in Height
660’
660’
660’
N/A
N/A
N/A
600’
N/A
> 150’ ≤ 200’ in Height
1,320’
1,320’
1,320’
1,320’
660’
660’
660’
660’
> 200’ ≤ 250’ in Height
2,640’
2,640’
2,640’
2,640’
1,320’
1,320’
1,320’
1,320’
> 250’ in Height
3,960’
5,280’
5,280’
2,640’
1,320’
2,640’
2,640’
2,640’
Self-Support/Lattice
5,280’
Not permitted
5,280’
1,320’
N/A
N/A
5,280’
5,280’
Guyed
5,280’
Not permitted
5,280’
2,640’
N/A
N/A
5,280’
5,280’
[Ord. 2017-016] [Ord. 2017-025] [Ord. 2021-023]
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 148
a. Measurement of Distance between Towers
The distance between an existing and a proposed tower shall be measured at grade in a direct
lineal fashion between the closest points of the base of the existing and the base of proposed
towers.
Figure 4.B.9.B – Distance Between Existing and Proposed Towers
Separations between towers located in different zoning districts shall be measured as follows:
1) Residential and Residential
The greater of the distance between towers requirements shall apply between residentially
zoned parcels.
2) Residential and Non-Residential
The greater of the distance between towers requirements shall apply between residentially and
non-residentially zoned parcels.
3) Non-Residential and Non-Residential
The lesser of the distance between towers requirements shall apply between non-residentially
zoned parcels.
4) Certification of Distance
The distance between towers shall be certified by a Professional Engineer or a Professional
Surveyor and Mapper, each of whom shall be licensed by the State of Florida.
5. Tower Height
All antennas and other attachments shall be included in the height measurement of the tower structure,
and shall not extend beyond its maximum permitted height. Lightning rods and whip antennas, less
than six inches in diameter, shall be excluded from this requirement.
6. Parking
Communication towers shall be exempt from the parking requirements of Art. 6, Parking, Loading, and
Circulation, unless otherwise required by the Zoning Director.
7. Perimeter Buffering
a. Fence or Wall
A fence or wall, a minimum of eight feet in height measured from finished grade, shall be
constructed around the base of each communication tower and accessory equipment structure,
and around each guy anchor. Access to the communication tower shall be through a locked gate.
b. Landscaping
The landscape and buffer standards provided below shall be required around the perimeter of the
tower, accessory structures, and guy anchors, unless waived as provided herein. These standards
may be waived by the Zoning Director, unless otherwise required by the BCC or ZC when the
proposed landscaping would not be visible from adjacent lots or streets.
1) Installation
Landscaping shall be installed along the exterior side of any required fences, unless the Zoning
Director determines that the viability, survivability, or utility of the plant material is enhanced
when located along the interior side of the fence or wall.
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 149
2) Leased Parcels
Landscaping shall be maintained pursuant to Art. 7, Landscaping. The Applicant shall execute
a perpetual maintenance agreement with the Property Owner to ensure the maintenance of the
landscape buffer if the buffer is installed outside of the leased parcel footprint.
3) Adjacent to Residential FLU Designation, Zoning District, or Use
a) Towers Less Than 50 feet from Existing Residential
A Type 3 Incompatibility Buffer without a wall shall be installed between towers and
adjacent lots with existing residential uses or FLU designations, pursuant to Art. 7.C.2.C,
Incompatibility Buffer.
b) Towers More Than 50 feet from Existing Residential
A Type 1 Incompatibility Buffer shall be installed between towers and adjacent lots with
existing residential uses, residential zoning, or residential FLU designations, pursuant to
Art. 7.C.2.C, Incompatibility Buffer.
4) Adjacent to Non-Residential Uses or Zoning Districts
Towers shall comply with the standards for landscape buffers between compatible uses of Art.
7.C.2.B, Compatibility Buffer.
c. Accessory Equipment and Structures
All accessory equipment and structures shall be located within the required perimeter buffering.
8. Signage
a. Signs and Advertising
The placement on a Monopole, Self-Support/Lattice, or Guyed Tower, of any signs, flags, or
appurtenances for advertising purposes, including company name, shall be prohibited. Signs or
advertising may be permitted when in conjunction with a Stealth Tower when that structure is an
integral element of a principal building or structure.
9. Lighting
The least intensive nighttime method of illumination acceptable to the FAA shall be utilized. To the
extent possible, strobe lighting or similar types of lighting shall not be utilized. All required lighting shall
be maintained on an as-needed basis by the owner of the tower. [Ord. 2022-002]
10. Interference
a. As provided by the FCC, towers shall not interfere with the normal operation of electrical or
mechanical equipment located within surrounding properties.
b. Towers or guy wires shall not impede the aerial mosquito control activities performed by PBC, as
determined by the BCC, for the health, safety, and welfare of its residents.
11. Building Permits
In addition to the approval processes required in Table 4.B.9.A, Commercial Communication Towers
Matrix, a Building Permit shall be required for all towers, support and accessory structures, and antenna
attachments, except as otherwise provided by Federal, State of Florida, or Local law.
a. Accessory Structures
Building Permits shall be required for all accessory structures related to an antenna.
b. Wind Load Standards
All antennas and other tower attachments shall meet the required wind load standards pursuant to
Building Division review. Documentation indicating compliance with the wind load standards shall
be certified by a Professional Engineer, licensed in the State of Florida, and submitted to the
Building Division at the time of Building Permit application.
c. Airport Regulations
Prior to the issuance of a Building Permit for a tower, proof of compliance with applicable
requirements of Art. 16, Airport Regulations of the Code, shall be provided in a manner acceptable
to the Zoning Director.
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 150
12. Providers
All communication towers, shall be constructed to accommodate a minimum number of providers as
follows:
Table 4.B.9.B – Providers by Tower Type
Tower Types (1)
Min. Number of Providers
Stealth
2 providers (2)
Camouflage
1 provider for a max. 100’ height tower
2 providers for a max. 125’ height tower
3 providers for a max. 150’ height tower
Monopole, Self-Support/Lattice, and Guyed
2 providers
Notes:
1.
Prior to the issuance of a Building Permit for a structure with two or more providers, the Applicant shall
provide proof of shared use/collocation in a form acceptable to the County Attorney and Zoning Director.
2.
An Applicant may not be required to accommodate the additional providers in the event the shared
use/collocation review procedures indicate no other service provider wishes to collocate on the structure.
13. Antenna
Antennas attached to towers shall be subject to the standards contained in this Section. Standards for
antennas attached to other type of structure are addressed in Art. 5. Supplementary Standards.
14. Inspections
All towers shall be inspected in compliance as required by the Building Division.
15. Violation of Standards
The Property Owners, as well as the tower owners, shall be responsible for violations of applicable
standards.
C. Definitions and Supplementary Tower Standards
1. Stealth Tower
a. Definition
A structure, which is not readily identifiable as a tower and is compatible with existing or proposed
uses on site. The structure may or may not have a secondary function.
b. Typical Structures
Typical structures include but are not limited to bell tower, steeple, flagpole, cross, or water tank
where antennas are typically concealed.
c. Approval Process – AGR, AR, and RE Zoning Districts
In the AGR, AR/RSA, AR/USA, and RE Zoning Districts, Stealth Towers 100 feet in height or less
may be approved through the DRO Agency review process when the parcel has an existing DRO-
approved Site Plan. Approval shall be subject to the Administrative Modification standards
contained in Art. 2, Application Processes and Procedures.
d. Approval Process – Commercial and Civic Pod of PUD
In the Commercial Pod and Civic Pod of a PUD, Stealth Towers 60 feet in height or less may be
approved by the DRO.
e. Location – Recreation Pod of PUD
Stealth Towers may be permitted in the Recreation Pod of a PUD only when located on a Golf
Course subject to Class A Conditional Use approval.
f. Lot Size – MUPD
A Stealth Tower may only be located in an MUPD with a CH or CL FLU designation with a minimum
of five acres, provided the tower complies with all applicable regulations.
g. Criteria
Stealth structures shall comply with the following criteria:
1) The structure shall be compatible with the architectural style of the existing buildings/structures
on site and with the character of the surrounding area. A determination of architectural
compatibility shall include, but not be limited to, color, type of building material, and architectural
style;
2) The structure shall be consistent with the character of existing uses on site;
3) Communications equipment or devices shall not be readily identifiable;
4) The structure shall be related to and integrated into the existing natural and/or man-made
environment to the greatest extent possible; and,
5) The maximum height of the structure shall not exceed 200 feet.
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 151
h. Associated Uses in RT, RS, RM Zoning Districts, and Commercial or Civic Pod of a PUD
Stealth Towers shall be permitted only in association with the following uses: Assembly Institutional
Nonprofit; Place of Worship; College or University; Electric Power Plant, excluding Electrical
Transmission Line streets as provided herein; Government Services; Passive Park; Public Park;
Golf Course; Schools; Solid Waste Transfer Station; Minor Utility; Electric Distribution Substations;
Water or Wastewater Treatment Plant; or, commercial, office, or industrial development.
i. Flagpoles
Stealth Towers in the form of flagpoles shall be exempt from Art. 8.G.3.C, Flags and Freestanding
Flagpoles.
j. Public Parks Five Acres or Greater
The minimum separation between any existing residential structure, and Stealth Towers located in
Public Parks five acres or greater shall be 125 percent of tower height. In addition, the tower shall
be set back a distance of at least 75 percent of tower height from any property line adjacent to an
existing residential use or vacant residential parcel or 20 percent of the tower height from any
adjacent non-residential zoning district or public R-O-W.
2. Camouflage Tower
a. Definition
A tower or structure, which is incorporated into and is compatible with existing or proposed uses
on site and the structure has an additional function other than antenna support.
b. Typical Structures
Examples include but are not limited to antenna incorporated into site lighting at a park or
incorporated into an electrical distribution center.
c. Location – Recreation Pod of PUD
Camouflage Towers may be permitted in the Recreation Pod of a PUD only when located on a Golf
Course subject to Class A Conditional Use approval.
d. Approval Process – Commercial and Civic Pod of PUD
In the Commercial Pod and Civic Pod of a PUD, Camouflage Towers 60 feet in height or less may
be approved by the DRO.
e. Lot Size – MUPD
A Camouflage Tower may only be located in an MUPD with a CH or CL FLU designation with a
minimum of five acres, provided the tower complies with all applicable regulations.
f. Associated Uses in RT, RS, RM Zoning Districts, and Commercial or Civic Pod of a PUD
Camouflage Towers shall be permitted only in association with the following uses: Assembly
Institutional Nonprofit; Place of Worship; College or University; Electric Power Plant, excluding
Electrical Transmission Line streets as provided herein; Government Services; Passive Park;
Public Park; Golf Course; Schools; Solid Waste Transfer Station; Minor Utility; Electric Distribution
Substations; Water or Wastewater Treatment Plant; or, commercial, office, or industrial
development.
g. Additional Submission Requirements
Applications for approval to install a Camouflage Tower shall include the following information:
1) A colorized illustration or representation of the proposed tower.
2) The height, diameter, and coloration of the proposed facility.
3) A statement of compatibility to indicate the nature and character of the surrounding area, and
how the proposed facility will be consistent with the overall characteristics of the area.
h. Public Parks Five Acres or Greater
The minimum separation between any existing residential structure, and Camouflage Towers
located in Public Parks five acres or greater shall be 125 percent of tower height. In addition, the
tower shall be set back a distance of at least 75 percent of tower height from any property line
adjacent to an existing residential use or vacant residential parcel or 20 percent of the tower height
from any adjacent non-residential zoning district or public R-O-W.
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 152
3. Monopole Tower
a. Definition
A structure that consists of a single pole supported by a permanent foundation.
b. Lot Size – MUPD
A Monopole Tower may only be located in an MUPD with a CH or CL FLU designation with a
minimum of five acres, provided the tower complies with all applicable regulations.
c. Increase in Height
The height of a Monopole Tower may be increased as provided herein.
1) Percentage of Increase
The height of a proposed Monopole Tower may be increased by 20 percent, one time only,
without regard to required separation or setback requirements, for all applications which
provide proof of the collocation of an additional personal wireless service provider. Additional
increases are subject to setbacks and separations of this Code.
2) Proof of Collocation
Proof of collocation shall be provided in a form acceptable to the County Attorney and the
Zoning Director. Proof of collocation shall include an executed contract or lease providing for
use of the facility for a period of at least ten years.
4. Self-Support/Lattice Tower
a. Definition
A structure that is constructed without guy wires or ground anchors.
5. Guyed Tower
a. Definition
A structure that is supported either partially or completely by guy wires and ground anchors.
b. Lot Size – MUPD
A Guyed Tower may only be located in an MUPD with a CH or CL FLU designation with a minimum
of five acres, provided the tower complies with all applicable regulations.
c. Setbacks
Breakpoint calculations may be provided to demonstrate a tower will collapse within the minimum
required zoning district setbacks. Breakpoint calculations shall be certified by a Professional
Engineer, licensed in the State of Florida.
d. Anchors
Peripheral supports and guy anchors may be located within required setbacks provided they shall
be located entirely within the boundaries of the property on which the communication tower is
located. Peripheral supports and guy anchors shall be located at least ten feet from all property
lines.
D. Collocation in Streets
1. Electrical Transmission Lines and Substations
Antennas and other wireless equipment may be attached to existing or modified Transmission Poles
or utility structures within an Electric Distribution Substation or Electric Transmission Substation,
subject to the following: [Ord. 2017-016]
a. Stealth Electrical Communication Structures and Poles
1) Definition
A Transmission Pole, or structure within an Electric Distribution Substation or Electric
Transmission Substation, supporting collocated wireless attachments, which is not readily
identifiable as a tower. Stealth structures are limited to canister-type antenna design. [Ord.
2017-016]
b. Full Array Electrical Communication Structures and Poles
1) Definition
A Transmission Pole, or structure within an Electric Distribution Substation or Electric
Transmission Substation, supporting collocated wireless attachments, which are visible and
readily identifiable as a Commercial Communication Tower. [Ord. 2017-016]
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 153
c. Typical Structures
Typical structures include Transmission Poles within utility transmission corridors or substations,
or other similar electrical transmission infrastructure located within substations such as lighting
masts or back-up transformer connection poles. [Ord. 2017-016]
Figure 4.B.9.D – Typical Examples of Electrical Transmission Poles or Utility Structures
[Ord. 2017-016]
d. Modifications to Transmission Poles or Utility Structures
Height increases to Transmission Poles and other Substation structures may be allowed to
accommodate antenna attachments. Modified replacement poles or utility structures may be
permitted to the extent required to meet structural or Building Code requirements due to increased
wind load from height increases or attachments, provided that modifications generally appear to be
of a similar dimensions and appearance to existing or adjacent poles or structures. [Ord. 2017-016]
1) Application Requirements
Applications for Stealth or Full Array Electrical Transmission Poles or Utility Structures shall
include a detailed analysis and supporting documentation establishing the original dimensions,
including height or any other structural characteristics that the proposed modifications are
based on. [Ord. 2017-016]
2) Determination of Original Pole or Structure Dimensions
The final determination of the original dimensions specified in an application shall be decided
by the DRO in consultation with the Building Official, or the Building Official where Permitted
by Right. [Ord. 2017-016]
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e. Approval Process
Exceptions to the approval processes for modification to Electrical Transmission Poles or Utility
Structures specified in Table 4.B.9.A, Commercial Communication Towers Matrix, Stealth
Transmission Poles or Utility Structures, may be allowed as follows: [Ord. 2017-016]
1) Stealth
a) Subject to DRO Approval
May be Permitted by Right provided the increase in height is either: [Ord. 2017-016]
(1) less than 35 percent; or [Ord. 2017-016]
(2) 50 percent and the tower is located a minimum of 2,500 feet from a public street or
parcel with a residential FLU designation or use. [Ord. 2017-016]
b) Subject to Class A or Class B Conditional Use Approval
May be allowed subject to DRO approval provided the increase in height is either:
(1) less than 35 percent; or [Ord. 2017-016]
(2) 50 percent and the tower is located a minimum of 2,500 feet from a public street or
parcel with a residential FLU designation or use. [Ord. 2017-016]
2) Full Array Urban
a) Subject to DRO Approval
May be Permitted by Right where allowed in agricultural, commercial, industrial, or
institutional zoning districts, provided the increase in height is: [Ord. 2017-016]
(1) less than 35 percent; and [Ord. 2017-016]
(2) the tower is located a minimum of 2,500 feet from a public street or any parcel with a
residential FLU designation or use. [Ord. 2017-016]
b) Subject to Class A or Class B Conditional Use Approval
May be allowed subject to DRO approval, where allowed in agricultural, commercial,
industrial, or institutional zoning districts, provided the increase in height is either: [Ord.
2017-016]
(1) less than 35 percent; or [Ord. 2017-016]
(2) 50 percent and the tower is located a minimum of 2,500 feet from any public street, or
parcel with a residential FLU designation or use. [Ord. 2017-016]
c) Residential Districts Including Residential Pod of PUD
May be allowed to be collocated within an Electric Distribution Substation or Electric
Transmission Substation subject to Class A Conditional Use approval. [Ord. 2017-016]
3) Full Array Rural
a) Subject to DRO Approval
May be Permitted by Right where allowed in agricultural, commercial, industrial, or
institutional zoning districts, subject to the following: [Ord. 2017-016]
(1) the increase in height is less than 50 percent; [Ord. 2017-016]
(2) located a minimum of: [Ord. 2017-016]
(a) 2,500 feet from any public street; [Ord. 2017-016]
(b) one mile from any Arterial or Collector; and, [Ord. 2017-016]
(c) parcel with a residential FLU designation or use. [Ord. 2017-016]
b) Subject to Class A or Class B Conditional Use Approval
May be allowed subject to DRO approval, where allowed in agricultural, commercial,
industrial, or institutional zoning districts, provided the increase in height is less than 50
percent, and the tower is located a minimum of 2,500 feet from any public street, and one
mile from any Arterial or Collector or parcel with a residential FLU designation or use. [Ord.
2017-016]
f. Exceptions to Separation and Setback Requirements
The following exceptions may be allowed from the minimum separation or setbacks established in
Art. 4.B.9.B.2, Separation and Setbacks: [Ord. 2017-016]
1) General Exceptions
a) Stealth
Modifications to Stealth Transmission Poles or Electric Distribution Substation or Electric
Transmission Substation utility structures that do not exceed 35 percent of the height of
the original pole or structure. [Ord. 2017-016]
b) R-O-W with Collocated Minor Utility on Adjacent Parcel
Setbacks from adjacent parcels that are included in the Development Order for the
purposes of providing for a supporting collocated Minor Utility (excluding separations from
residential or occupied buildings). [Ord. 2017-016]
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c) Adjacent Properties with Bona Fide Agriculture Uses
Parcels with an agricultural FLU designation and zoning district, supporting Bona Fide
Agriculture, provided that separation distances from occupied structures are a minimum of
150 percent of the tower height. [Ord. 2017-016]
2) Towers Located on Residential Parcels
Measurement may exclude open space areas designated on an approved plan for non-
residential uses such as water management tracts or landscape buffers, but excluding any
common areas located within 50 feet of a recreation amenity or public or civic use such as Day
Cares, Schools, or Places of Assembly, including any outdoor recreation areas. [Ord. 2017-
016]
g. Other Attachments or Structures
Additional wireless support attachments or structures other than that permitted at the top of the
structure or pole, may be allowed subject to the following: [Ord. 2017-016]
1) Transmission Corridors
a) Attachments
Attachments must be concealed within the pole or structure. External attachments such
as, electrical or mechanical boxes or backpacks, excluding a utility meter, electrical cabling,
platforms, or other similar modifications shall be prohibited, unless allowed otherwise
herein. [Ord. 2017-016]
b) Equipment Boxes
Equipment boxes may be allowed within an Arterial or Plan Collector Street, subject to
approval by the County Engineer. [Ord. 2017-016]
c) Equipment Shelters
Equipment shelters supporting collocated cellular equipment placed on Electrical
Transmission Lines, may be allowed to be located on an adjacent parcel, subject to
compliance with the following: [Ord. 2017-016]
(1) Minor Utility
May be allowed in accordance with the districts, approval process, and any other
development standards for a Minor Utility. [Ord. 2017-016]
(2) Developed Parcels
Where a Minor Utility is collocated with another use, the Minor Utility shall be prohibited
within the front or side street yard, unless abutting a perimeter buffer. In either scenario,
the Minor Utility shall not adversely impact interior site design or function, including but
not limited to: pedestrian or vehicular circulation, landscaping, or commonly recognized
CPTED standards. [Ord. 2017-016]
h. FDO Requirements
Prior to the issuance of a Building Permit, the Applicant shall supply a letter from FDO
demonstrating no anticipated impact to the usual and customary transmission or reception
operability of public safety communication systems. This letter shall be based upon information
supplied to FDO by the Applicant identifying the latitudinal and longitudinal coordinates of the
proposed wireless communication equipment, the proposed RF spectrum of operations, and any
further technical information deemed necessary by FDO in order to render a technical conclusion.
Any costs incurred by FDO for an independent third party to provide technical assistance in
rendering a conclusion, as determined by FDO in its sole and absolute discretion and authorized
in advance by the Applicant, shall be the responsibility of the Applicant regardless of permit
issuance, failure to obtain a permit, or withdrawal. [Ord. 2017-016]
2. Florida Department of Transportation (FDOT) Streets
Within the streets for I-95 and Florida’s Turnpike owned or controlled by the FDOT, towers, or antennas
are subject to the following:
a. Installation of Antennas
Antennas may be attached to existing communication towers, light standards, or other structures
or facilities subject only to Building Permit review.
b. Construction of New Towers
New towers constructed within streets shall comply with the following requirements:
1) Towers installed in those portions of streets immediately adjacent to any property possessing
a residential designation shall be:
a) Located in a street at least 250 feet in width;
b) Only a Monopole or Self-Support/Lattice Tower;
c) No more than 150 feet in height;
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d) Set back a minimum of 150 feet from the nearest property line; and,
e) Require review as provided in Table 4.B.9.A, Commercial Communication Towers Matrix.
2) Towers installed in those portions of streets immediately adjacent to any property possessing
a non-residential designation shall be:
a) Located in a street at least 200 feet in width;
b) Only a Monopole or Self-Support/Lattice Tower;
c) No more than 200 feet in height;
d) Set back a minimum of 75 feet from the nearest non-residential property line and 150 feet
from any residential property line; and,
e) Require review as provided in Art. 4.B.9.A, Commercial Communication Towers Matrix.
c. Separation of New Towers
New towers shall be subject to the separation distances as provided in Table 4.B.9.B, Distance
between Towers.
E. Eligible Facilities Request for Modification
This Subsection implements Subsection 6409(a) of the Middle Class Tax Relief and Job Creation Act of
2012 (“Spectrum Act”), as interpreted by the Federal Communications Commission’s (“FCC” or
“Commission”) Acceleration of Broadband Deployment Report & Order, which requires a State or local
government to approve any eligible facilities request for a modification of an existing tower or base station
that does not result in a substantial change to the physical dimensions of such tower or base station.
1. Definitions
For the purposes of this Subsection, the terms used have the following meaning:
a. Base Station
A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless
communications between user equipment and a communications network. The term does not
encompass a tower as defined herein or any equipment associated with a tower. Base station
includes, without limitation:
1) Equipment associated with wireless communications services such as private, broadcast, and
public safety services.
2) Radio transceivers, antennas, coaxial or fiber-optic cable, regular and back-up power supplies,
and comparable equipment, regardless of technological configuration (including Distributed
Antenna Systems (“DAS”) and small-cell networks).
3) Any structure other than a tower that, at the time the relevant application is filed under this
Subsection, supports or houses equipment described in Art. 4.B.9.E.1.a.1) and Art.
4.B.9.E.1.a.2) that has been reviewed and approved under the applicable Zoning process, or
under another State or Local regulatory review process, even if the structure was not built for
the sole or primary purpose of providing that support.
The term “base station” does not include any structure that, at the time the relevant application is
filed under this Subsection, does not support or house equipment described in Art. 4.B.9.E.1.a.1)
and Art. 4.B.9.E.1.a.2) of this Subsection.
b. Collocation
The mounting or installation of transmission equipment on an eligible support structure for the
purpose of transmitting and/or receiving radio frequency signals for communications purposes.
c. Eligible Facilities Request
Any request for modification of an existing tower or base station that does not substantially change
the physical dimensions of such tower or base station, involving:
1) Collocation of new transmission equipment;
2) Removal of transmission equipment; or,
3) Replacement of transmission equipment.
d. Eligible Support Structure
Any tower or base station as defined in this Subsection, provided that it is existing at the time the
relevant application is filed under this Subsection.
e. Existing
A constructed tower or base station is existing for purposes of this Subsection if it has been
reviewed and approved under the applicable Zoning process, or under another State or Local
regulatory review process, provided that a tower that has not been reviewed and approved because
it was not subject to a Zoning review process when it was built, but was lawfully constructed, is
existing for purposes of this Subsection.
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f. Site
For towers other than towers in the public rights-of-way, the current boundaries of the leased or
owned property surrounding the tower and any access or utility easements currently related to the
site, and, for other eligible support structures, further restricted to that area in proximity to the
structure and to other transmission equipment already deployed on the ground.
g. Substantial Change
A modification substantially changes the physical dimensions of an eligible support structure if it
meets any of the following criteria:
1) For towers other than towers in the public rights-of-way, it increases the height of the tower by
more than ten percent or by the height of one additional antenna array with separation from the
nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible support
structures, it increases the height of the structure by more than ten percent or more than ten
feet, whichever is greater;
2) For towers other than towers in the public rights-of-way, it involves adding an appurtenance to
the body of the tower that would protrude from the edge of the tower more than 20 feet, or more
than the width of the tower structure at the level of the appurtenance, whichever is greater; for
other eligible support structures, it involves adding an appurtenance to the body of the structure
that would protrude from the edge of the structure by more than six feet;
3) For any eligible support structure, it involves installation of more than the standard number of
new equipment cabinets for the technology involved, but not to exceed four cabinets; or for
towers in the public rights-of-way and base stations, it involves installation of any new
equipment cabinets on the ground if there are no preexisting ground cabinets associated with
the structure, or else involves installation of ground cabinets that are more than ten percent
larger in height or overall volume than any other ground cabinets associated with the structure;
4) It entails any excavation or deployment outside the current site;
5) It would defeat the concealment elements of the eligible support structure; or,
6) It does not comply with conditions associated with the siting approval of the construction or
modification of the eligible support structure or base station equipment; provided, however, that
this limitation does not apply to any modification that is non-compliant only in a manner that
would not exceed the thresholds identified in Art. 4.B.9.E.1.g.1) through Art. 4.B.9.E.1.g.4) of
this Subsection.
h. Transmission Equipment
Equipment that facilitates transmission for any FCC-licensed or authorized wireless communication
service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and
regular and back-up power supply. The term includes equipment associated with wireless
communications services including, but not limited to, private, broadcast, and public safety
services.
i. Tower
Any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized
antennas and their associated facilities, including structures that are constructed for wireless
communications services including, but not limited to, private, broadcast, and public safety
services.
2. Application Procedures
Notwithstanding any other provisions in this Section to the contrary, eligible facilities requests for a
modification of an existing tower or base station that does not result in a substantial change to the
physical dimensions of such tower or base station as determined by the process set forth herein, shall
be subject to Building Permit review only.
a. Application Requirements
Applications shall include all information necessary to determine whether the modification of the
existing tower or base station does not substantially change its physical dimensions.
b. Timeframe for Review
Within 60 days of the date on which an Applicant submits an application, the Zoning Division shall
approve the application unless it determines that the application is not covered by this Subsection.
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c. Tolling of the Timeframe for Review
The 60-day review period begins to run when the application is filed, and may be tolled only by
mutual agreement by the Zoning Division and the Applicant, or in cases where the Zoning Division
determines that the application is incomplete. The timeframe for review is not tolled by a moratorium
on the review of applications.
1) To toll the timeframe for incompleteness, the Zoning Division must provide written notice to the
Applicant within 30 days of receipt of the application, specifically delineating all missing
documents or information required.
2) The timeframe for review begins running again when the Applicant makes a supplemental
submission in response to the notice of incompleteness.
3) Following a supplemental submission, the Applicant will be notified within ten days that the
supplemental submission did not provide the information identified in the original notice
delineating missing information. The timeframe is tolled in the case of second or subsequent
notices. Second or subsequent notices of incompleteness may not specify missing documents
or information that was not delineated in the original notice of incompleteness.
d. Failure to Act
In the event the Zoning Division fails to approve or deny a request seeking approval under this
Subsection within the timeframe for review (accounting for any tolling), the request shall be deemed
granted, and the Applicant may proceed directly to Building Permit review. The deemed grant does
not become effective until the Applicant notifies the applicable reviewing authority in writing after
the review period has expired (accounting for any tolling) that the application has been deemed
granted.
F. Collocation Procedures for New Towers Prior to Submitting a Tower Application
Prior to submittal of an application for approval of a proposed tower for Conditional Use, Development
Order Amendment, DRO, or Building Permit review, all Applicants shall comply with the procedures
indicated below. [Ord. 2021-006]
1. Notification
All communication tower Applicants shall provide a Notice by certified mail to all users on the
Communication Tower Users List. The Notice shall invite potential communication tower users to apply,
to the Applicant, for space on the proposed tower to encourage collocation. A copy of the Notice shall
be mailed to the Electronic Services and Security and the Zoning Divisions. The Notice mailing date
shall be within one year prior to submitting the Zoning application. The following information shall be
included in the Notice: [Ord. 2021-006]
a. description of the proposed tower; [Ord. 2021-006]
b. general location; [Ord. 2021-006]
c. longitude and latitude; [Ord. 2021-006]
d. identify any pre-reserved space on the tower and upon the land area itself; [Ord. 2021-006]
e. provide any lease provisions being made available: such as equipment shelter space, space for
third-party equipment shelter, and provisions of back-up power; [Ord. 2021-006]
f. general rate structure for leasing space, which shall be based on reasonable local charges; [Ord.
2021-006]
g. proposed tower height; [Ord. 2021-006]
h. a phone number to locate the Applicant or Agent for the communication tower; and, [Ord. 2021-
006]
i. an Applicant’s Collocation Application. [Ord. 2021-006]
2. Applicant’s Collocation Application
Potential communication tower users shall respond to the Applicant’s Notice within 20 days of receipt
of certified mailing. Responses shall be submitted utilizing the Applicant’s Collocation Application. A
completed Collocation Application shall be sent to the owner of the proposed communication tower or
authorized Agent. The tower Applicant shall not be responsible for a lack of response or responses
received after the 20-day period. The Applicant shall provide the responses to the Collocation
Application as part of the Zoning application request for the new tower. [Ord. 2021-006]
3. Feasibility
The feasibility of each collocation use request shall be evaluated by the Applicant. The evaluation shall
document the feasibility of collocation on the proposed communication tower owner and a potential
lessee or sharer. Factors to be considered when evaluating the feasibility of collocation include but are
not limited to: structural capacity; RF interference; geographic service area requirements; mechanical
or electrical incompatibilities; inability or ability to locate equipment on approved and unbuilt
communication towers; cost (if fees and costs for sharing would exceed the cost of the new
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communication tower amortized over a 25-year period); FCC limitations that would preclude collocation;
and, other applicable Code requirements. [Ord. 2021-006]
4. Rejection or Dispute
If the Applicant rejects one or more request(s) for collocation and if potential tower lessees dispute the
rejection(s) for collocation, the following procedure shall occur within ten working days after the
collocation response deadline. [Ord. 2021-006]
a. Submittal
The Applicant shall submit two copies of the following to the Zoning Division: the Collocation
Applications submitted by potential users; a brief evaluation of each rejected response; all design
data for the proposed communication tower; and, an explanation indicating the structural
improvements necessary to facilitate the requests that are rejected due to structural limitations,
paid for by the tower space lessee. [Ord. 2021-006]
b. Consultant
The Zoning Division shall forward copies of all applications for collocation and the Applicant's
evaluation of each rejected request to a qualified communications consultant. The consultant shall
be selected by and retained at the discretion of the Zoning Division and paid by Applicant who is
refusing to allow collocation from an interested service provider. [Ord. 2021-006]
c. Evaluation
Within ten working days of receiving the collocation responses that were rejected by the Applicant
and disputed by the potential tower space lessee, the consultant shall review and prepare an
evaluation. Two copies of the consultant's evaluations shall be sent to the Zoning Division. One
copy of the evaluation shall be made an official part of the communication tower application and
one copy of the evaluation shall be forwarded to the Applicant by the Zoning Division. The
consultant's report shall be advisory, and made part of the Staff Report, and considered in reviewing
the communication tower application. [Ord. 2021-006]
5. Acceptance with No Dispute
If the Applicant did not reject any requests for collocation or if rejected requests for tower space are not
disputed by any potential tower lessee(s), consultant review is not necessary. [Ord. 2021-006]
G. Tower Removal, Replacement, and Height Increases
1. Tower Removal
a. Form of Agreement
All obsolete or abandoned communication towers shall be removed within three months following
cessation of use. Prior to the issuance of a Building Permit or Site Plan approval, whichever occurs
first, the Property Owners or tower operators shall submit an executed removal agreement to
ensure compliance with this requirement. The removal agreement shall be in a form acceptable to
the County Attorney.
b. Surety for Removal
Prior to the issuance of a Building Permit, surety shall be submitted by the Property Owner or tower
operator to ensure the removal of abandoned communication towers. The form of surety shall be
subject to approval by the Executive Director of PZB and the County Attorney. The required surety
shall be irrevocable, unless released by the BCC. The surety shall be utilized to cover the cost of
removal and disposal of abandoned towers and shall consist of the following:
1) submittal of an estimate from a certified structural engineer indicating the cost to remove and
dispose of the tower;
2) a surety equivalent to 50 percent of the estimated cost to remove and dispose of the tower;
3) an agreement to pool multiple sureties of the tower owner or Property Owner to allow pooled
surety to be used to remove abandoned towers; and,
4) an agreement by the tower owner or Property Owner to replenish surety pool upon utilization
of surety by PBC.
c. Alternative Surety for Removal
The Zoning Director, subject to review by the County Attorney, may accept documentation from a
tower owner that adequate resources or irrevocable contractual obligations are available to remove
obsolete or abandoned communication towers.
d. Form of Surety
Surety shall be provided in a form consistent with the requirements of Art. 11.B.2.A.6.c,
Performance or Surety Bond.
e. Surety Required
Surety required shall be provided only for towers constructed after the effective date of this Code.
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2. Replacement
The following tower hierarchy shall be used to determining impact:
LEAST IMPACT
Camouflage
Stealth
Monopole
Self-Support/Lattice
Guyed
MOST IMPACT
a. Conforming Towers
An existing conforming tower may be replaced subject to the criteria below. If the criteria are not
met, the replacement tower shall comply with the requirements of Art. 4.B.9.G.3, Tower Height
Increases and Art. 4.B.9.G.4, Accessory Structures, below.
1) The tower shall accommodate a minimum of two providers.
2) The tower shall be of the same or lesser impact than the existing structure pursuant to the
tower hierarchy.
3) The tower may be required to be relocated on site to lessen the impact on adjacent parcels.
4) The tower shall be subject to review by the Zoning Division through the DRO, Art. 2.C.5.C,
Administrative Modifications to Prior DOs, Administrative Amendment process.
5) The tower may be structurally modified to allow collocation.
b. Non-Conforming Towers
An existing non-conforming tower may be replaced subject to the criteria below. If the criteria are
not met, the replacement shall comply with the requirements of Art. 4.B.9.G.3, Tower Height
Increases and Art. 4.B.9.G.4, Accessory Structures, below.
1) The tower shall accommodate a minimum of two providers.
2) The tower shall be of equal or less impact than the existing structure pursuant to the tower
hierarchy.
3) The tower may be required to be relocated on site to lessen the impact on adjacent parcels.
4) The tower shall be subject to review by the DRO.
5) The tower may be structurally modified to allow collocation.
3. Tower Height Increases
a. Conforming and Non-Conforming Towers
Unless otherwise provided herein, the height of a conforming or non-conforming tower may be
increased on one occasion subject to the requirements of Table 4.B.9.G, Tower Height Increases.
Table 4.B.9.G – Tower Height Increases
Review Process
Conforming Towers
Non-Conforming Towers
Development Review Officer
Administrative Amendment
X (1) N/A
Development Review Officer
X (2)
X (1)
Class B Conditional Use
X (3)
X (2)
Class A Conditional Use
X (4)
X (3)(4)
Notes:
1.
Increases of 25 feet or less.
2.
Increases greater than 25 feet and 45 feet or less.
3.
Increases greater than 45 feet and 65 feet or less.
4.
Increases greater than 65 feet.
b. Monopoles
Unless otherwise provided herein, the height of an existing Monopole Tower may be increased, on
one occasion, by a maximum of 20 percent to accommodate a second user subject to standard
Building Permit review. An additional increase of up to 20 percent may be approved to
accommodate an additional user, subject to standard Building Permit review. Increases shall be
based upon the original approved tower height.
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c. Setbacks
If it is determined that the proposed tower cannot meet setback requirements due to increases in
tower height to accommodate the collocation of at least one additional service provider, minimum
setback requirements may be reduced by a maximum of 15 feet, except from residential property
lines.
4. Accessory Structures
The size of an accessory structure or structures may be increased to accommodate collocation. The
expansion shall be subject to Zoning Division review through the DRO Administrative Amendment
process.
H. Exemptions and Waivers
1. States of Emergency
The PZB Executive Director may waive the review timeframes in the event of a declared State of
Emergency.
2. Government Towers
If the regulations in this Section prohibit a Government-Owned Tower from being located at a specific
site and the tower is required to protect the public health, safety, or welfare, the applicable criteria may
be waived or modified by the BCC. In such cases the BCC shall make a finding of fact justifying the
modification.
3. School Sites
Towers located on School sites and utilized for educational purposes only pursuant to F.S. § 1013.18
shall not be considered Commercial Communication Towers.
4. Exemptions for Existing Television Broadcast Towers
Guyed Towers existing as of December 31, 1997 with a principal use as a television broadcasting tower
shall be exempt from the provisions of this Section as provided below.
a. Separation and Setback Distances
Television towers as provided herein shall be exempt from the separation and setback distances
of Table 4.B.9.B, Minimum Separation and Setbacks for Towers Located in Residential Zoning
Districts, and Table 4.B.9.B, Minimum Separation and Setbacks for Towers Located in Non-
Residential Zoning Districts.
b. Distance between Towers
Television towers as provided herein shall be exempt from the distance between tower
requirements of Table 4.B.9.B, Distance between Towers.
c. Visual Impact Analysis
Existing or replacement television towers as provided herein shall be exempt from the Visual Impact
Analysis requirements of Art. 4.B.9.I.4, Visual Impact Analysis Standards.
d. Replacement or Reconstruction of Existing Towers
Television towers exempted by the operation of this Subsection may be replaced or reconstructed
on the same parcel as provided below.
1) Approval
Television towers to be replaced or reconstructed shall be reviewed as provided in Table
4.B.9.A, Commercial Communication Towers Matrix.
2) Tower Height
The height of a replacement for or reconstruction of an existing tower may be increased subject
to approval as provided in Table 4.B.9.A, Commercial Communication Towers Matrix.
3) Required Setbacks from Property Lines
Setbacks from property lines shall be provided as indicated below.
a) Structures of Equal or Lesser Height
Television towers to be replaced or reconstructed with a structure of equal or lesser height
shall provide a setback substantially the same as the existing setbacks, taking into account
the continued location of the tower being replaced during construction.
b) Structures of Greater Height
Television towers to be replaced or reconstructed with a structure of greater height shall
provide a minimum setback of 110 percent of tower height from any adjacent street and a
minimum setback of 100 percent of tower height from all adjacent property lines.
c) Breakpoint Calculations
All setbacks shall be substantiated by certified breakpoint calculations. The breakpoint
calculations shall demonstrate that should tower failure occur the entire height of the tower
shall fall within with property lines of the tower site.
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d) Non-Conformity Not Created
Replacement or reconstruction of a television broadcast tower shall not result in creation
of a non-conforming structure or non-conforming use. The television broadcast tower
resulting from the replacement or reconstruction as provided herein shall be deemed a
conforming structure and use.
5. Type 2 Waiver from Required Dimensional Criteria
A Type 2 Waiver from the separation, setback, distance between towers, height, and similar
dimensional criteria applicable to communication towers may be allowed.
a. Towers Approved as a Class A or Class B Conditional Use
The dimensional criteria may be reduced by the BCC for Class A Conditional Uses and Class B
Conditional Uses subject to the criteria contained herein.
b. Towers Approved on an Administrative Basis
The dimensional criteria may be reduced by the BCC for towers subject to review by the DRO or
the Building Permit process subject to the criteria contained herein.
c. Requests for a Type 2 Waiver
When considering a request to allow a Type 2 Waiver from one or more required dimensional
criteria, the BCC must determine that: the request complies with the intent of this Section; and the
request is consistent with the criteria listed below.
d. Criteria for Granting a Type 2 Waiver
The following criteria shall be utilized by the BCC when considering requests for Waivers. Each
request for a Waiver must be consistent with the following criteria listed below: Art. 4.B.9.H.5.d.1)
through Art. 4.B.9.H.5.d.8). In addition, each request for a Type 2 Waiver must be consistent with
one or more of the following criteria: Art. 4.B.9.H.5.d.9) though Art. 4.B.9.H.5.d.18).
1) Protection of Public Welfare
The Waiver, if approved, will not be injurious to the uses in the area adjacent to the structure
and otherwise will not be detrimental to the public welfare.
2) Economics
The Waiver is not granted based solely upon or in large measure due to costs associated with
complying with all requirements contained herein.
3) Incompatibility Not Created
The Waiver, if granted, will not result in an incompatibility between the proposed tower or
communication facility and adjacent uses.
4) Exhaustion of Other Remedies
The Waiver, subject to documentation provided by the Applicant, is necessary within the
defined search or propagation study area as all other Waiver alternatives have been
exhausted. Alternatives to a Waiver shall include but not be limited to such techniques as
collocation, use of stealth or camouflage structures, and use of building-mounted equipment
and facilities.
5) Minimum Waiver
The grant of the Waiver is the minimum Waiver that will make possible the reasonable use of
the parcel of land, building, or structure.
6) Consistent with the Plan
The grant of the Waiver will be consistent with the purposes, Goals, Objectives, and Policies
of the Plan and this Code.
7) Not Detrimental
The grant of the Waiver will not be injurious to the area involved or otherwise detrimental to the
public welfare.
8) Prohibition of Service
The Waiver, subject to documentation provided by the Applicant, is necessary within the
defined search or propagation study area so as not to prohibit the provision of personal
wireless, television, and related communication services as defined by the
Telecommunications Act of 1996 and rules of the FCC, if adopted.
9) FAA Limitations
The Waiver is required to comply with locational standards established by the FAA.
10) Lack of Technical Capacity
The Waiver, subject to documentation provided by the Applicant, is necessary within the
defined search or propagation study area as existing towers or other structures do not possess
the capacity to allow reasonable technical service.
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11) Height of Existing Structures
The Waiver, subject to documentation provided by the Applicant, is necessary within the
defined search or propagation study area as existing towers or other structures are not of
sufficient height to provide reasonable service.
12) Lack of Structural Capacity
The Waiver, subject to documentation provided by the Applicant, is necessary within the
defined search or propagation study area as existing towers or structures do not have the
structural capacity to accommodate the equipment needed to provide reasonable service within
the defined search or propagation study area.
13) Interference
The Waiver, subject to documentation provided by the Applicant, is necessary within the
defined search or propagation study area due to interference that may be caused resulting from
such factors as collocation on existing towers or structures, the nature of other communications
equipment or signals, or other technical problems that would result in interference between
providers.
14) Unreasonable Costs
The Waiver, subject to documentation provided by the Applicant, is necessary within the
defined search or propagation study area as the fees, costs, or contractual provisions to
collocate on or adapt an existing tower or structure for collocation are unreasonable.
15) More Appropriate Site
The Waiver, subject to documentation provided by the Applicant, is necessary within the
defined search or propagation study area as a result of identification of a more appropriate site
that does not meet dimensional criteria, including such factors as distance from residential
uses, existence of permanent screening and buffering, and location within a large-scale non-
residential area.
16) Avoid Certain Locations
The Waiver, subject to documentation provided by the Applicant, is necessary within the
defined search or propagation study area to avoid location in one or more of the following:
a) officially designated wilderness areas, wildlife refuges, and wildlife management areas;
b) officially designated vegetation and wildlife preserves;
c) habitats of threatened/endangered species;
d) historical sites;
e) Indian religious sites;
f) locations which may cause significant alteration of wetlands, deforestation, or water
diversion;
g) night use of high-intensity lights in residential areas;
h) environmentally sensitive lands acquired or leased by PBC; or,
i) linked open space corridors as set forth in the Plan.
17) Reduce Residential Impact
The Waiver, subject to documentation provided by the Applicant, is necessary within the
defined search or propagation study area and will allow a proposed tower location to reduce
the impact on adjacent residential uses.
18) Effect of Governmental Regulation or Restrictive Covenant
The Waiver, subject to documentation provided by the Applicant, is necessary within the
defined search or propagation study area due to governmental regulations or restrictive
covenants which preclude location of a tower.
e. Simultaneous Consideration
A request for a Type 2 Waiver from one or more required dimensional criteria may be considered
at the same time a related request for tower approval is considered. However, final BCC, ZC, or
Administrative Approval shall not be granted until a final decision is rendered by the BCC.
6. Non-Conforming Lots of Record
Towers may be located on non-conforming lots of record provided the structure will comply with all
requirements of this Section without a Type 2 Waiver from any dimensional criteria as provided herein.
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Article 4 – Use Regulations
Page 164
I. Application Requirements for Towers
In addition to the application requirements under Art. 2, Application Processes and Procedures, the
Applicant shall comply with the following:
1. Propagation Study
The provider shall submit a propagation study prepared by a Professional Engineer, licensed in the
State of Florida, to justify the need to construct a new tower. Propagation studies shall not be required
for television towers. Propagation studies shall include the following information:
a. the location of other sites considered, including potential options for collocation and alternative sites
or properties;
b. desired signal strength in the area to be served; and,
c. current and predicted RF coverage following installation and use of the new tower facility.
2. Location of Existing Towers
a. Provide or update previously submitted data indicating the location of their towers, latitude and
longitude, tower height, and tower type.
b. Submit an alternative structure map with a minimum one-mile radius around the proposed site. The
alternative structure map shall include the location of all existing towers located within the one-mile
radius. An alternative structure map shall not be required for television towers.
3. Compatibility
To assist in ensuring compatibility between a proposed communication tower and surrounding land
uses, the information listed below shall be included with all applications for development approval,
Development Order Amendments, etc.
a. Site and Tower Location
The proposed site of a tower and the proposed location of the tower within that site, indicated on
an official PBC Zoning Quad Sheet.
b. Aerial Photography
The proposed location of a tower, indicated on an aerial map possessing a scale of not more than
one inch equals 300 feet (1” = 300’). The aerial photograph shall indicate all adjacent land uses
within a radius of 2,000 feet from the site of the proposed tower.
c. Visual Impact Analysis
A Visual Impact Analysis, consistent with the requirements of Art. 4.B.9.I.4, Visual Impact Analysis
Standards.
d. Buffering
Buffering and landscaping as required by this Section.
4. Visual Impact Analysis Standards
a. Applicability and Procedure
Any application to construct a Monopole Tower greater than 150 feet in height or any Guyed or
Self-Support/Lattice Tower greater than 150 feet in height is subject to these standards. The
Applicant shall be advised of the requirement to submit a Visual Impact Analysis by the Zoning
Director within ten working days following the application submittal deadline date.
b. General
To assess the compatibility with and impact of a proposed tower site on adjacent properties, an
Applicant seeking to construct a tower subject to these requirements may be required to submit a
Visual Impact Analysis. The Applicant may request review of a proposed tower location, prior to
application submittal to the appropriate Zoning process, to determine whether or not a Visual
Impact Analysis will be required. A Visual Impact Analysis may be required under the
circumstances listed below.
1) Existing residential uses are located along 50 percent or more of the entire perimeter of the
proposed tower site.
2) When the proposed site is located adjacent to:
a) Officially designated wilderness areas, wildlife refuges, and wildlife management areas;
b) Officially designated vegetation and wildlife preserves;
c) Habitats of threatened/endangered species;
d) Historical sites;
e) Indian religious sites;
f) Locations which may cause significant alteration of wetlands, deforestation, or water
diversion;
g) Residential areas when night use of high-intensity lights is required;
h) Environmentally sensitive lands acquired or leased by PBC; or,
i) Linked open space corridors as set forth in the Plan.
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Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 165
3) The proposed site does not meet the distance between towers requirements. The Applicant
may utilize digital imaging technology to prepare the analysis, in a manner acceptable to the
Zoning Director. The Visual Impact Analysis shall, at minimum, provide the information listed
below.
a) The location of the proposed communication tower illustrated upon an aerial photograph
at a scale of not more than one inch equals 300 feet (1” = 300’). All adjacent zoning districts
within a 3,000-foot radius from all property lines of the proposed communication tower site
shall be indicated.
b) A line of sight analysis shall include the following information:
(1) Identification of all significant existing natural and man-made features adjacent to the
proposed tower site and identification of features which may provide screening and
buffering for adjacent properties and public streets;
(2) Identification of at least three specific points within a 2,000-foot radius of the proposed
tower location, subject to approval by the Zoning Director, for conducting the Visual
Impact Analysis;
(3) Certification by the professional that the proposed communication tower meets or
exceeds the standards contained in this Code;
(4) Copies of all calculations and description of the methodology used in selecting the
points of view and collection of data submitted in the analysis;
(5) Graphic illustration of the visual impact of the proposed communication tower, at a
scale that does not exceed five degrees of horizontal distance, presented from the
specific identified points;
(6) Identification of all screening and buffering materials under the permanent control of
the Applicant (only screening and buffering materials located within the boundaries of
the proposed site shall be considered for the Visual Impact Analysis);
(7) Identification of all screening and buffering materials that are not under the permanent
control of the Applicant but are considered of a permanent nature due to ownership or
use patterns, such as a Public Park, vegetation preserve, required development buffer,
etc.;
(8) Screening and buffering materials considered in the Visual Impact Analysis shall not
be removed by future development on the site;
(9) Screening and buffering materials considered in the Visual Impact Analysis shall be
replaced if they die;
(10) Prohibited plant species, pursuant to Art. 7.E, Existing Native Vegetation, Prohibited,
and Controlled Plant Species, shall not be considered in the Visual Impact Analysis;
and,
(11) Any additional information that may be required by the Zoning Director to fully review
and evaluate the potential impact of the proposed communication tower.
4) In addition to all other applicable standards of the Code, the following visual impact standards
may be applied when a Visual Impact Analysis is required for any application to construct a
tower.
a) At least 25 percent of the tower height is screened from all streets other than Expressways,
or Arterial and Plan Collector Streets with five lanes or more.
b) At least three specific points from adjacent streets, shall be identified, subject to approval
by the Zoning Director, for conducting the Visual Impact Analysis.
c) The results of the line of sight analysis performed as part of the Visual Impact Analysis.
d) The distance a proposed communication tower, including anchors for guy wires, and guy
wires are proposed to be set back from surrounding properties such that its height, bulk,
and scale is compatible with surrounding residential and non-residential uses.
e) At least 25 percent of the tower is screened from view from a majority of the points selected
by the Zoning Director for the Visual Impact Analysis.
f) The degree or amount of screening or buffering materials permanently included as part of
the application.
5) The Visual Impact Analysis shall be prepared and sealed by an Architect, Engineer, Landscape
Architect, or Surveyor and Mapper registered in the State of Florida. PBC, at the expense of
the Applicant and at its own discretion, may employ such consultants as are necessary to
review and evaluate the Visual Impact Analysis.
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Article 4 – Use Regulations
Page 166
J. Prior Approvals
The style, height, and overall appearance of any tower or communications facility constructed pursuant to
these regulations shall be consistent with plans and elevations submitted as part of an application for
development approval. The DRO shall have the authority to approve additions or minor modifications, which
do not materially modify the appearance of a tower as approved by the ZC or BCC. Modification which
cannot be approved by the DRO shall be subject to a Development Order Amendment as provided in this
Code.
K. Consultant Services
A qualified telecommunication consultant shall be selected and retained by the Zoning Director, and paid
for by an Applicant, to review technical documents related to the sitting of communication towers and
facilities. The consultant may review technical documents, propagation studies, and other related
documents to determine the following:
1. Need for additional towers;
2. Existence of incompatibilities between providers that may hinder collocation;
3. Necessity of Waiver relief to deviate from established dimensional criteria;
4. Compliance with the general requirements of this Section; and,
5. The Applicant shall reimburse PBC for the consultant fees prior to the certification of the application for
Public Hearing processes or approval of the application by the DRO.
L. List of Tower Users
The DRO shall maintain a current Communication Tower Users List, which shall be made available upon
request, and shall also be published on the Zoning website.
M. Intergovernmental Activities
1. Mapping
PBC shall participate in any Countywide mapping program to identify proposed and existing tower sites.
2. Notification
a. PBC shall participate in an intergovernmental notification program by continuously providing
information regarding tower construction applications to the PBC Intergovernmental Coordination
Program Clearinghouse.
b. All jurisdictions within a two-mile radius of a proposed tower site located in unincorporated PBC
shall be notified at the time of application submittal.
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Article 4 – Use Regulations
Page 167
Section 10 Excavation Uses
A. Excavation Use Matrix
Table 4.B.10.A – Excavation Use Matrix
Standard Zoning Districts
Use Type
Planned Development Districts (PDDs) Traditional Development Districts (TDDs)
AG/CON Residential Commercial
C
M
R
IND INST
PUD MUPD PIPD M R TND TMD
Pods FLU Pods H V Tier
P A A AR R R R R C C C C C C URAO IRO I I I P I R C R C A C C C C C I E C I I C I P P
U/S
Exurban/
Rural
U E
AGR
C G P R U E T S M N L C H G R U U U U U FLU L L G O P E O E I G L H L H R N D M N N O N D D S X
R S S O O E C C C I I C C C C F S M C V R O O D C R S D M D R N O R N O R D P
A A 1 2 3 1 2 L L H H / T / / E C S E C S U E R
O O P L G S R S R R V E
E E A S
Supplementary Use
Standards #
C C L
Excavation Uses (2)
- A A A A A A A A A A A A A A - - - - - - - - - A A A A A Agricultural Excavation 1 - - - - A - - - - - - - - - - - - - - - - - - - - - - - -
- P P P P P P P P - - - - - - - - - - - - - - - - - - - P Type 1A Excavation 2 - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- D D D D D D D D - - - - - - - - - - - - - - - - - - - - Type 1B Excavation 3 - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
-
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
Type 2 Excavation
4
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
-
- - A A - - - - - - - - - A A - - - - - - - - - - A A A - Type 3A Excavation 5 - - - - - - - - - - - - - - - - A - - - - - - - - - - - -
- - A A - - - - - - - - - A A - - - - - - - - - - A A A - Type 3B Excavation 5 - - - - - - - - - - - - - - - - A - - - - - - - - - - - -
[Ord. 2017
-007] [Ord. 2017-025] [Ord. 2018-002] [Ord. 2021-023] [Ord. 2023-011]
Use Approval Process Key:
P Permitted by Right
D Subject to DRO approval A Subject to BCC approval (Class A Conditional Use)
B Subject to Zoning Commission approval (Class B Conditional Use) - Prohibited use, unless stated otherwise within Supplementary Use Standards
(1) Supplementary Use Standards for each use must be reviewed regardless of the approval process set forth in the Use Matrix. Refer to the numbers in the Supplementary Use Standards column.
(2) Uses may require a higher level of approval pursuant to Table 4.A.9.A, Thresholds for Projects Requiring DRO Approval, and Table 4.A.9.B, Thresholds for Projects Requiring Board of County Commissioners Approval, unless otherwise specified within the Supplementary Use Standards of the specific use. [Ord. 2021-023]
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B. Common Provisions and General Standards
1. Purpose and Intent
The purpose of this Section is to provide for the health, safety, and welfare of the residents of PBC by
ensuring beneficial and sound land management practices associated with excavation and mining
activities. To prevent a cumulative negative impact on PBC’s natural resources and to achieve these
goals, it is the intent of this Section to:
a. ensure that excavation and mining activities do not adversely impact the health, safety, and welfare
of the citizens of PBC;
b. prevent immediate and long-term negative environmental and economic impacts of poor land
development practices;
c. encourage the use of economically feasible and environmentally sound excavation and mining
practices;
d. preserve land values by ensuring that alteration of a parcel by non-commercial land excavation
does not result in conditions that would prevent that parcel from meeting minimum land
development requirements for other valid uses;
e. encourage the rehabilitation of commercially mined sites to other beneficial uses by promoting
economical, effective, and timely site reclamation;
f. protect existing and future beneficial use of surrounding properties from the negative effects of
excavation and mining;
g. provide for the off-site disposal of excess extractive material provided that the excavation site is
incorporated into the approval of a bona fide site development plan;
h. establish a regulatory framework of clear, reasonable, effective, and enforceable standards and
requirements for the regulation of excavation, mining, and related activities; and,
i. ensure that excavation and mining activities and resulting mined lakes are not allowed to become
public safety hazards, or sources of water resource degradation or pollution.
2. Applicability
All excavation and mining activities that create a temporary or permanent body of water within
unincorporated PBC shall comply with the regulations established in the Code and other State and
Local requirements, as applicable.
a. Conflicting Provisions
In the event that provisions of this Section conflict with regulations of other applicable regulatory
agencies, the more restrictive regulations shall apply. Other permitting agencies include but are not
limited to SFWMD, Florida Fish and Wildlife Conservation Commission, USACE, DEP, and ERM.
b. Previously Approved Development Orders (DOs)
Applications for excavation and mining projects approved prior to September 25, 1996, may amend
the certified site (excavation) plan pursuant to Art. 2.C, Administrative Processes, to comply with
the Standards enumerated below provided the Standards do not conflict with Development Order
conditions. Selective choice of Standards shall not be permitted. The DRO may review and approve
the Excavation Plan, pursuant to Art. 2.C, Administrative Processes, provided the subject site
complies with the compatibility criteria in Art. 4.B.10.C.5.i.2), Type 3A Excavation, and the technical
standards in Art. 4.B.10.B.7, Technical Standards, and provided there is no increase in the land
area, excavated surface area, quantity of excavated material, or intensity as approved by the BCC
in the original DO. Any increase shall require approval of a DOA by the BCC pursuant to Art. 2.B,
Public Hearing Processes. Applicable Standards include:
1) Art. 4.B.10.B.7.a, Operational Standards and Requirements;
2) Art. 4.B.10.B.7.b, Construction Standards, excluding depth;
3) Art. 4.B.10.B.7.c, Reclamation Standards;
4) Art. 4.B.10.C.5.i.2)b)(3), Buffer; and,
5) Art. 4.B.10.B.7.e, Maintenance and Monitoring.
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Page 170
3. Excavation Types
Excavation or mining activities shall not be conducted unless such activities are deemed exempt or an
approval has been issued in accordance with this Section. The types of excavation that are allowed are
as follows:
a. Agricultural Excavation
Approval process for Agricultural Excavation is administered by ERM and PZB. Application
procedures and requirements are subject to Art. 4.B.10.C.1, Agricultural Excavation. Agricultural
Excavation in the WCAA are administered by ERM. Application procedures and requirements are
in Art. 4.B.10.C.1.i, WCAA Excavation.
b. Type 1 Excavation
Two approval processes (Types 1A and 1B) are administered by PZB for excavations on Single
Family lots. Application procedures and requirements are in Art. 4.B.10.B.5.a, Content of
Application.
c. Type 2 Excavation
The approval process for Type 2 Excavation is administered by PZB and ERM. Application
procedures and requirements are in Art. 4.B.10.B.5.a, Content of Application.
d. Type 3 Excavation
Two approval processes for commercial mining excavation activities (Type 3A and Type 3B) are
administered by PZB and ERM. Application procedures and requirements are in Art. 4.B.10.B.5,
Supplemental Application Requirements.
4. Prohibitions and Exemptions
a. Prohibitions
Excavation and mining activities shall be prohibited in the following areas:
1) RR-20 FLU designation.
2) The Pleistocene Sand Ridge.
3) An archeological site, unless approved and requested as a Class A Conditional Use.
4) Publicly-owned conservation areas, publicly-owned preservation areas, or environmentally
sensitive lands.
5) Areas otherwise prohibited by this Section.
b. Exemptions
The following excavation activities shall be exempt from the requirements of this Section:
1) Existing Lakes
Existing mined lakes approved prior to June 16, 1992 that have a valid Development Order
which complies with the criteria below shall be exempt from the requirements of this Section. If
an amendment is proposed that deviates from the original approval, then a Development Order
Amendment shall be requested pursuant to Art. 2.B, Public Hearing Processes, and shall
comply with the provisions in Art. 1.F, Non-Conformities.
a) Regulated by a National Pollutant Discharge Elimination System Permit; or
b) Regulated by a Florida Department of Environmental Protection (DEP) industrial
wastewater operation permit; or
c) Located within an approved residential, commercial, industrial, or mixed-use development
and function as a stormwater management facility pursuant to:
(1) A surface water management construction permit issued by the SFWMD; or
(2) A conceptual permit issued by the SFWMD that delineates proposed littoral slopes of
the excavated lake(s) conducive for planting; or
(3) An applicable Land Development Permit depicting proposed littoral and upland slopes
of a mined lake. As long as the existing excavated lake continues to meet the water
quality standards contained in Chapter 62-302, F.A.C.
2) Pools
Swimming pools, pursuant to Art. 5.B, Accessory Uses and Structures.
3) Small Ponds
Ponds accessory to a principal use, such as lily ponds, goldfish ponds, reflecting ponds, and
other small ornamental water features with a maximum depth of four feet OWL and not
exceeding 500 square feet in surface area.
4) Cemeteries
Burial plots in approved Cemeteries.
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5) R-O-W
Excavation in a road R-O-W, when the road is under construction. To qualify for this exemption,
excavation shall be performed by PBC, the FDOT, or any Water Control District created by
Special Act to operate under F.S. ch. 298 (1995). Excavation activity located outside the R-O-
W boundary, performed to accommodate roadway drainage, and which creates a permanent
open body of water for a period of 180 days or more, shall comply with the standards of a Type
2 Excavation in Art. 4.B.10.C.4, Type 2 Excavation.
6) Utilities
Excavations necessary for the installation of utilities, including septic systems.
7) Man-Made Drainage Structures
The repair, reconstruction, and maintenance of existing non-tidal man-made canals, channels,
control structures with associated riprap, erosion controls, intake structures, and discharge
structures, provided:
a) All spoil material is deposited directly to a self-contained upland site, which will prevent the
release of material and drainage from the spoil site into surface waters of the State;
b) No more dredging is performed than is necessary to restore the canal, channels, and
intake, and discharge structures to original design specifications or as amended by the
applicable permitting agency; and,
c) Control devices in use at the dredge site that prevent the release of turbidity, toxic, or
deleterious substances into adjacent waters during the dredging operation.
8) WCAA Canals
Canals of conveyance located in the WCAA which require permits from SFWMD or DEP,
provided the permitted project does not exceed 15 feet in depth from OWL.
9) Mitigation Projects
Mitigation projects permitted by SFWMD, DEP, or ERM, pursuant to F.S. ch. 403 and F.S. ch.
373, and Chapter 62-312, F.A.C., as amended, and Art. 14, Environmental Standards,
including projects approved to implement an adopted Surface Water Improvement &
Management (SWIM) plan, provided the permitted project depth does not exceed 20 feet from
OWL or 15 feet from OWL in the WCAA. Projects proposed to exceed these depths shall
comply with Art. 4.B.10.B.5, Supplemental Application Requirements, the administrative waiver
requirements of Art. 4.B.10.B.8, Administration and Enforcement, and the technical standards
of Art. 4.B.10.B.7.a, Operational Standards and Requirements, Art. 4.B.10.B.7.b.1),
Separation, Art. 4.B.10.B.7.b.2), Slopes, Art. 4.B.10.B.7.c, Reclamation Standards, and Art.
4.B.10.B.7.d, Performance Guarantee Requirements.
10) Wetlands
Excavation activities within jurisdictional wetlands that have been issued permits pursuant to
Wetlands Protection requirements or have been issued a permit for wetland impacts through
the Environmental Resource Permit (ERP) process by DEP, USACE, SFWMD, or any other
agency with ERP delegation for PBC.
11) Agricultural Ditches
Agricultural ditches supporting vegetation production which meet the standards of Bona Fide
Agriculture (i.e., groves, row crops, hay, and tree farming) constructed solely in uplands that
are less than six feet in depth from OWL. These ditches shall not connect to canals of
conveyance or waters of the State without the appropriate Federal, State, and Local approvals
and permits.
12) De Minimis Impact
Those projects for which ERM and PZB approval is necessary and both Departments
determine that there will be no significant adverse environmental or land use impacts. A de
minimis determination from one Agency does not constitute approval by the other.
13) Canals of Conveyance
Canals of conveyance that require permits from SFWMD, USACE, DEP, or ERM pursuant to
Wetlands Protection requirements.
14) Excavation by Public Agencies
a) Excavation performed by or special districts created by special legislative act governed by
the BCC, provided such excavation complies with the following:
(1) solely under the jurisdiction, authority, and control of PBC, or the applicable district;
(2) completed, operated, and maintained in perpetuity by PBC, or the applicable special
district;
(3) an official part of the operation and function of PBC, or the applicable special district.
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(4) In order to be exempt under this provision, the PBC Department or applicable district
shall:
(a) schedule and conduct a public hearing; the notice of the public hearing shall be
published at least seven days prior to the hearing, in a newspaper of general
circulation;
(b) provide written notice of the intent to engage in excavation activities subject to a
permit issued by the SFWMD or the FDEP to the Executive Director of PZB and
the Director of ERM at least 30 days prior to the commencement of construction
activity; and,
(c) provide written notification of the public hearing required above to the Executive
Director of PZB and the Director of ERM at least 30 days prior to the public hearing.
(5) For excavations greater than the maximum depth listed in Art. 4.B.10.C.1.c, Maximum
Depth, and Art. 4.B.10.C.2.g, Depth, the chloride and TDS requirements shall apply.
b) Excavations, Canals, Impoundments
Excavations, canals, impoundments, regional stormwater treatment areas, and related
projects to enhance water quality, water supply, environmental quality, and natural
resources operated by the SFWMD, ACOE, or water control districts or improvement
districts created pursuant to F.S. ch. 298 and within PBC.
5. Supplemental Application Requirements
a. Content of Application
All Type 1B, Type 2, Type 3A, and Type 3B Excavations shall supplement the applicable application
requirements with the material and information listed below:
1) Statement
Application listing the nature of the excavation operation, including but not limited to:
a) Amount and type of materials to be excavated;
b) Duration of the excavation activity and reclamation activity;
c) The proposed method of excavation;
d) The amount of fill to remain on site;
e) If permitted, the amount of fill to be removed from site; and,
f) Intent to comply with Art. 9.A, Archaeological Resources Protection.
2) Site Plan
A Site Plan depicting:
a) Boundaries, dimensions, and acreage of the site and excavated surface area(s);
b) All existing and proposed improvements including easements, streets, weigh stations, and
other structures;
c) Setbacks and separations;
d) Preservation areas;
e) Water table elevations, including ordinary water level.
b. Additional Application Requests for Excavation, Type 3A and Type 3B
All applications for Type 3A and Type 3B Excavations shall require the additional information listed
below.
1) Soil Statement
A statement certified by an engineer indicating the type of soils to be excavated and that the
soils are suitable for road or structural fill construction or the soil contains excessive amounts
of silt, rock, or muck.
2) Site Plan
A Site Plan depicting:
a) Art. 4.B.10.B.7.a, Operational Standards and Requirements, as applicable;
b) Equipment storage, and stockpile areas, including sizes and heights; and,
c) Location of grading, sorting, crushing, and similar equipment necessary for the operation
and distribution of excavated material.
3) Landscape Plan
A Landscape Plan indicating the buffers and reclamation planting required.
4) Cross Sections
Cross sections delineating compliance with the following requirements, as applicable:
a) Art. 4.B.10.B.7.b, Construction Standards;
b) Art. 4.B.10.B.7.c, Reclamation Standards; and,
c) Buffer details.
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5) Operations Plan
An operations plan shall be submitted in the form of a statement and include the methods of
material extraction, on-site processing, including erosion and sediment control methods, and
particulate matter control. The plan shall also delineate how impacts from hauling operations
will be controlled.
6) Haul Route Plan
A map indicating all possible proposed haul routes within the radius of impacts. Radius of
impact is defined as the primary street system commencing at the access point of the
excavation site and extending out along all streets in all directions to the closest Arterial or Plan
Collector Street.
7) Additional Information
a) Report Schedule
Report Schedule, pursuant to Art. 4.B.10.B.7.e, Maintenance and Monitoring.
b) Location Map
Surrounding uses map depicting the location of the outer boundary of area to be excavated
and distances to surrounding land uses; including all residences within the applicable
specified distance in the separation standards in Art. 4.B.10.C.5.i, Compatibility Standards.
c) Phasing Plan
A Phasing Plan and tabular data depicting acreage, location, sequence of operations, and
schedule of reclamation requirements.
d) Tree Survey
A tree survey, as required by Art. 4.B.10.B.7.c.4)d), Calculating Planting Requirements.
6. Notice of Intent to Construct
All applications for Agricultural, WCAA, Type 2 Excavation, and Type 3 mining activities shall submit a
Notice of Intent to Construct in accordance with the provisions below:
a. Notice of Intent
Prior to commencement of any on-site excavation or mining activities, a Notice of Intent to
Construct shall be submitted to and receive written approval from ERM.
b. Contents of Notice of Intent to Construct
The following information shall be included with the completed Notice of Intent to Construct form:
1) Paving and drainage plans, if applicable;
2) Preliminary plat, if applicable, and restrictive covenant, pursuant to Art. 4.B.10.B.7.c.5), Area
of Record;
3) Art. 4.B.10.B.7.c.3), Littoral Planting Reclamation Standards;
4) Master Plan, showing all phases of development, if applicable; and,
5) Methods of stormwater pollution prevention if construction of the project may result in an area
of exposed soil greater than one acre subject to Federal National Pollution Discharge
Elimination System (NPDES) stormwater regulations; a copy of the on-site Stormwater
Pollution Prevention Plan shall be submitted as part of the permit application.
Items 1 and 2 (preliminary plat) shall be signed and sealed by a certified Engineer or Surveyor as
applicable, recognized and approved by the Florida Department of Professional Regulation
(FDPR).
c. Agriculture Excavation
All Agricultural and WCAA Excavation shall submit a detailed explanation of the proposed Bona
Fide Agriculture use. This explanation shall demonstrate consistency with applicable industry
standards and shall satisfy the definition requirements of Bona Fide Agriculture pursuant to Art.
4.B.6.C, Definitions and Supplementary Use Standards for Specific Uses.
d. Type 3 Exceptions
A Type 3 application shall include documentation of an approval for a Class A Conditional Use
pursuant to Art. 2.B, Public Hearing Processes.
e. Written Approval
ERM shall issue a written approval to the Applicant within 30 days upon receipt of a Notice of Intent
to Construct and appropriate fee with all information necessary to demonstrate that the provisions
of this Section will be met, and confirmation by the Land Development Division that all necessary
approvals for County R-O-Ws have been issued.
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7. Technical Standards
a. Operational Standards and Requirements
All excavation types shall comply with the following operational standards, unless specifically
exempt or prohibited pursuant to this Section.
1) Hours of Operation
All excavation and hauling activity, except dewatering, shall only occur between the hours of
7:00 a.m. and 7:00 p.m. Monday through Friday, unless otherwise specified in this Section.
2) Objectionable Odors
The excavation activity shall be conducted in such a manner as to prevent the occurrence of
odors which can be detected off the premises.
3) Emission of Fugitive Particulate Matter
Excavation operations, including hauling activity, shall be conducted to prevent the emission
of dust or other solid matter into the air or onto adjacent properties pursuant to the smoke,
emissions, and particulate matter provisions in Art. 5.E, Performance Standards, and Chapter
62-296, F.A.C.
4) Existing Topsoil
Where feasible, existing topsoil shall be stored and redistributed on site to provide adequate
growing conditions for the revegetation of plant species. Where such storage is not feasible,
the area shall be restored with soil of an equal or better quality than that of the excavated
topsoil and be redistributed to provide adequate growing conditions.
5) Equipment Storage, Maintenance, and Service Areas
Equipment storage, maintenance, and service areas shall be set back a minimum 200 feet from
all property lines abutting a residential district or use. The equipment storage area shall be
designed such that noise generated by the equipment is muffled in order to comply with the
noise performance standards in Art. 5.E, Performance Standards.
6) Regulated Substances
All storage and use of Regulated Substances shall comply with Local, State, and Federal
regulations. All Regulated Substance dispensing areas shall comply with Best Management
Practices. Any spill of any Regulated Substance shall be reported to the PBCHD within one
hour and to ERM within one hour or at the beginning of the next business day.
7) Dewatering
Dewatering shall not be allowed unless permitted by a State agency, Federal agency, the
SFWMD, or the dewatering operation is in compliance with conditions of Rule 40E-20.302(3),
F.A.C. If dewatering is permitted, pumps shall be located, submerged, buried, or encased in
an insulated structure in order to comply with the noise standards in Art. 5.E, Performance
Standards.
8) Access to Public Prohibited
Signs shall be posted prohibiting access to the general public while excavation and reclamation
activity is being conducted.
9) Retail Sale of Material
The retail sale of excavated material shall not be permitted on site.
10) Hauling Standards
a) General
(1) All trucks hauling material from sites that permit off-site removal shall be covered to
prevent debris and fill from spilling onto the roadway.
(2) The hauler shall employ measures acceptable to the PBCHD, and any applicable road
maintenance authority, to ensure that roads are properly maintained and kept free of
fugitive particulate matter.
(3) The BCC may require special conditions, including, but not limited to construction of
turn lanes and other roadway improvements necessary to provide safe traffic
movement.
(4) All vehicles used to haul excavated material shall use the approved haul routes.
Vehicles shall not use Local Residential Streets to access Arterial or Collector Streets.
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b) Executed Agreement
The BCC or the County Engineer may require an executed agreement between the
Applicant and the County Engineer and other applicable road maintenance authorities
which may include but not be limited to documentation of the existing conditions of the
streets within the radius of impact, as defined in Art. 4.B.10.B.5.b.6), Haul Route Plan. The
agreement shall include a description of the hauling operations including but not limited to
the number of trips (as approved in the original Development Order), duration of excavation
and hauling activity, truck size and weights, and the existing conditions of all possible
streets designated as haul routes, as well as any requirements for periodic inspections,
financial guarantees, and the Applicant’s other responsibilities.
11) Phasing
In the event the excavation activity is conducted in phases, the Phasing Plan required by Art.
4.B.10.B.7.a, Operational Standards and Requirements, shall be subject to Art. 2.E, Monitoring
of Development Orders (DOs) and Conditions of Approval, Art. 2.E.2.C, Time Limitations for
Commencement, and the requirements in Art. 4.B.10.B.7.c, Reclamation Standards. All
excavation types, except Type 3A and Type 3B shall comply with Art. 2.E, Monitoring of
Development Orders (DOs) and Conditions of Approval, which limits the project to two primary
phases for the purposes of monitoring commencement of the Development Order. Additional
sub-phases may be permitted for each primary phase for the purposes of conducting the
excavation activity in accordance with this Section. For Type 3A and Type 3B Excavations, the
number of phases and the duration of each phase shall be established as a Condition of
Approval. When establishing the Condition of Approval for the number and duration of each
phase, the BCC shall consider the size of the proposed excavation project, existing and
proposed surrounding land uses, surrounding FLU designations, and other pertinent
information.
12) Sound Insulation
All machinery, heavy equipment, and vehicles utilized for excavation and hauling purposes
shall be equipped with double mufflers to reduce airborne noise caused by excavation
operations.
b. Construction Standards
All excavation types shall comply with the following construction standards, unless exempt.
1) Separation
Separations shall be measured from the top of bank of the nearest excavated area to the
property line or designated area in any given direction as defined below: Excavation shall not
be constructed within:
a) Wellfield Zone 1 or 300 feet from a public water supply well, whichever is more restrictive;
b) 200 feet from a wetland or in a wetland, unless approved by ERM;
c) 300 feet from a Class 1 or Class 2 landfill;
d) 300 feet from a site with known contamination;
e) 100 feet from a septic system or sanitary hazard;
f) 100 feet from a potable water well, except for Type 1A and Type 1B Excavations; or,
g) 200 feet from publicly-owned conservation areas, publicly-owned preservation areas, or
environmentally sensitive lands, unless approved by ERM.
2) Slopes
a) Slope Angle
Slopes for all excavation types with unplanted littoral zone areas shall be no steeper than
four feet horizontal to one foot vertical to a minimum depth of minus two feet OWL. Slopes
below the minus two feet depth shall not exceed two feet horizontal to one foot vertical or
the natural angle of repose for the specific conditions encountered. Grades and slopes
shall be constructed in such a manner as to minimize soil erosion and to make the land
surface suitable for revegetation. The slopes shall be adequately vegetated with
appropriate ground cover from top of bank to edge of water within 30 days of final grading
and thereafter maintained to prevent wind and water erosion.
b) Slope for Planted Littoral Zones
The slope for excavation with planted littoral zone areas shall be no steeper than ten feet
horizontal to one foot vertical to a distance of five feet waterward of the designated planted
littoral zone area. Shallower slopes are encouraged to promote greater success of the
littoral zone plantings. A copy of the record drawings certified by a Surveyor or Engineer
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recognized and approved by FDPR shall be submitted to ERM within 30 days following
completion of slope construction.
(1) Inspection
Within 48 hours prior to completion of construction of the required slopes for the
planted littoral zones, notification to ERM is required in order to schedule a slope
inspection.
c) Drainage
Overland sheet flow directly into an excavated area shall be minimized. Those areas within
a maximum of 50 feet of the excavated lake may discharge runoff to the lake. This
restriction shall not apply to any catchment area discharging runoff to a lake designated as
a water management tract and incorporated in an approved stormwater management plan
for treatment and control of runoff from a development site, where the boundaries of said
catchment are delineated on an approved plan.
3) Final Site Conditions
No sharp declivities, pits, depressions, or debris accumulation shall remain after reclamation.
Final grading shall conform to the contour lines and grades on the approved reclamation plan.
c. Reclamation Standards
1) General
a) Types of Reclamation
Four types of reclamation standards are defined below. Reclamation standards vary based
on the type of excavation activity as set forth in this Section.
(1) Excavated Area
This area includes the depth of a lake and all slopes waterward of the top of bank,
excluding littoral plantings.
(2) Littoral Planting
This area includes all plantings waterward from edge of OWL or plus one OWLs.
(3) Upland
This area includes the land area landward of the top of bank and requires that a
minimum area of land be maintained or created around the perimeter of an excavated
area to preserve future use of the land.
(4) Upland Planting
This area includes all plantings landward of the top of bank and requires stabilization
of soil and reestablishment of native upland vegetation.
2) Excavated Area Reclamation Standard
All slopes shall be reclaimed in accordance with Art. 4.B.10.B.7.b, Construction Standards, and
in Art. 4.B.10.B.7.c, Reclamation Standards. Areas not required to be stabilized with littoral
plantings shall be stabilized and planted with appropriate ground cover from top of bank to the
edge of the water. If seeding is used, a minimum of 50 percent coverage shall be required. The
depth of the lake and side slopes shall comply with Art. 4.B.10.B.7.b, Construction Standards.
3) Littoral Planting Reclamation Standards
All Agricultural (excluding WCAA), Type 2, and Type 3 Excavations, excluding ponds, shall
comply with the following littoral zone standards. Exempted excavations within the WCAA shall
provide a littoral zone if the land use ceases to be agricultural.
a) Planted Littoral Zones
Planted littoral zones shall be provided which comprise, at a minimum, an area equivalent
to eight square feet per linear foot of shoreline. Creativity in design in the placement of the
planted littoral zone is strongly encouraged, such as extended areas in one portion of the
lake or at the discharge point. For basins with multiple lakes that are interconnected, littoral
zones may be concentrated within one or more lakes so long as the basin as a whole
contains the total required littoral area. The planted littoral zone area shall be limited to the
area between one foot above OWL and two feet below OWL. If the Applicant demonstrates
to ERM that the planted littoral area elevations should differ from this requirement based
on site-specific conditions and based on fluctuations around the OWL, ERM may approve
planted littoral area elevations other than those elevations stated above. Requirements for
littoral zone planting shall be in addition to any planting for wetland mitigation required by
DEP, SFWMD, USACE, ERM, or any other agency with wetland jurisdiction.
b) Vertical Walls
Vertical walls, bulkheads, or other means of hardening the shoreline may be allowed,
however, for each linear foot of vertical wall, an additional eight square feet of planted
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littoral zone shall be required. Thus every linear foot of vertical wall shall require 16 square
feet of planted littoral zone to be planted.
c) Planting Requirements
The littoral zone shall be provided with a minimum of six inches of a sand topsoil mix to
promote vegetative growth for those areas that do not have adequate soil conditions to
ensure plant survivorship. The littoral zone shall be planted with at least five species of
appropriate native wetland vegetation, with an average spacing of two feet on center or as
approved by ERM. The design and species used shall be such that the plants have an
anticipated minimal 80 percent coverage. This criterion shall be met from the 180-day
monitoring period, and in perpetuity. The Director of ERM shall maintain a list of acceptable
plant species for use in their appropriate elevations within the littoral zones. The list may
be amended for general application as more information becomes available. The list shall
be open for public inspection and distribution.
d) Timing of Planting
Planting of the excavated lake or pond shall occur no later than immediately prior to the
issuance of the first Certification of Occupancy for any lot adjacent to or abutting the bank
of that lake. ERM may approve in writing a Phasing Plan for planting large single-lake
systems or interconnected multi-lake systems that would allow lake planting to be phased.
At all times, Applicant is responsible for minimizing erosion of the littoral shelves until the
planting is completed. ERM shall be notified within 48 hours prior to completion of the
littoral zone planting.
e) Littoral Planting Plans
The plans shall detail the species and numbers of plants to be used, the location, and
dimensions of the littoral areas, including any compensatory littoral areas, if applicable;
typical cross section of planted littoral zones from lake maintenance easements to the
maximum depth of the lake; the location and dimensions of any structure for which a
compensatory littoral area is required; the methods for planting and ensuring survival of
the plants; and, other reasonable information required by the Director of ERM.
Projects which are proposed to be conducted in phases, shall include plans which delineate
the phases of excavation and shall include guarantees for each phase.
The signatory of the plans and specifications shall have a personal familiarity with the site
and soil conditions based upon a field review.
4) Upland Reclamation Standards
Upland reclamation standards apply to Type 2 and all Type 3 Excavations only.
a) Reclamation Plan
(1) General
A site reclamation plan shall be submitted as an integral part of the application for a
Type 2 or Type 3 Excavation and shall be approved by DRO prior to commencement
of work. Reclamation is required to ensure a viable end use for the excavation site.
The plan shall demonstrate compliance with the requirements in Art. 4.B.10.B.7,
Technical Standards, except for the littoral planting plan which has its own application
submittal requirements. However, the reclamation plan submitted to DRO shall indicate
the littoral planting areas.
(2) Type 2 Excavation
The certified final site development plan shall function as the standards required for
the final development plan.
(3) Type 2 Excavation Exceeding Off-Site Removal Limitations
As set forth in Art. 4.B.10.C.4, Type 2 Excavation, shall be classified as a Type 3A
Excavation when the Applicant proposes to remove more than ten percent of the fill off
site. Notwithstanding Final Site Plan certification, the final site development plan shall
function as the reclamation plan and planting requirements shall be met in accordance
with the landscape requirements for the final site development plan. In such cases, the
BCC may waive all or modify a portion of the explicit upland reclamation planting
requirements defined below based on the ultimate use of the site. The BCC may
require that the upland reclamation plantings defined below be incorporated into the
open space pedestrian system as defined on the final site development plan.
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(4) Type 3 Excavation
The reclamation plan for a Type 3 Excavation shall comply with the upland reclamation
standards in this Section.
b) Perimeter Reclamation
At a minimum, 75 percent of the perimeter of the excavated area shall have a width of 180
feet; and the remaining 25 percent shall have a width of 100 feet. All disturbed and
reclaimed areas shall be planted or seeded with a permanent native ground cover to
reduce the loss of topsoil due to water and wind erosion, to provide adequate growing
conditions for reclamation planting requirements, and to prevent the establishment of
prohibited plant species.
c) Timing of Upland Reclamation
Reclamation shall occur immediately following the end of excavation or immediately
following each phase of excavation, whichever occurs first. Upon commencement of
reclamation and rehabilitation of the initial phase of this excavation, the next phase of
excavation may commence upon written authorization by the DRO. The applicable
guarantee must be on file prior to authorization for the commencement of excavation on
any subsequent phase.
(1) Timing of Planting
If excavation activity is phased, planting shall occur at the completion of each phase.
Planting of the reclaimed upland area should occur during the rainy season (June
through October), within six months after completion of the excavated area or phase
thereof, as applicable. The Property Owner shall ensure that proper watering and
maintenance occurs in order to ensure a successful survival rate. If planting does not
occur during the rainy season, then the Property Owner shall provide irrigation to
establish the new plantings. PZB shall be notified 48 hours prior to completion of the
upland plantings.
d) Calculating Planting Requirements
In addition to the buffer requirements in Art. 4.B.10.C.5, Type 3 Excavation, the following
upland planting requirements shall apply.
(1) Sites Supporting Native Vegetation
Calculations to determine the reclamation planting requirements for sites supporting
native vegetation shall be based on the existing tree cover. Controlled or prohibited
species shall be exempt from this calculation. In addition, any tree species located
within the required perimeter buffer area shall also be exempt. If no vegetation exists,
the Applicant shall demonstrate that the site was cleared before 1986 or has been
issued and has complied with a vegetation removal permit.
A certified tree survey shall be submitted by either a Landscape Architect, forester,
land Surveyor, or Engineer who is registered in the State of Florida. This count shall
include all existing on-site native trees with a trunk diameter three inches or greater to
be measured at four and one-half feet above the ground. The number of existing trees
meeting this criterion shall then be divided by the total number of acres to obtain a tree-
per-acre figure. The number of replacement trees to be planted at the time of final site
reclamation shall be determined by multiplying the trees-per-acre figure by the number
of required reclaimed land acres remaining at the time of final site reclamation. Credit
shall be given by PZB for existing trees greater than three inches in diameter which
are relocated and/or adequately protected during excavation. Any trees relocated
and/or protected shall be deducted from the replacement tree count requirement. The
trees to be replanted shall be native and a minimum eight feet high. In addition, two
understory 18-inch-high seedlings shall be planted for each tree required to be planted.
e) Upland Planting Reclamation Standards
The upland reclamation plantings may be clustered in one area of the reclaimed upland
area or dispersed throughout the reclaimed upland area. No minimum or maximum area is
required, except as a Condition of Approval, as long as the vegetation is planted in
accordance with standards set forth in Art. 7.D, Landscape Standards, and Art. 14.C,
Vegetation Preservation and Protection. A minimum of five native plant species shall be
used to fulfill the planting requirements. The design and species used shall be such that
the plants have an anticipated minimal survival rate of at least 80 percent at the end of
each monitoring period.
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f) Plan Requirements
The upland reclamation planting plan shall be submitted to the DRO simultaneously with
the application for the Final Site Plan.
(1) The signatory of the plans and specifications shall have personal familiarity with the
site and soil conditions based upon a field review. The plans shall be signed and sealed
by a professional Landscape Architect certified by the Florida Department of
Professional Regulation.
(2) At a minimum, the plans shall detail the location, species, and numbers of plants to be
used, and the methods for planting and ensuring survival of the plants, and other
reasonable information required by ERM.
g) Phased Projects
In the event that upland reclamation is to be conducted in phases, the following additional
requirements shall apply:
(1) A Phasing Plan shall be submitted indicating:
(a) exact acreage of each phase;
(b) proposed duration of excavation and reclamation of each phase; and,
(c) number of trees to be planted.
5) Area of Record
All reclaimed littoral and upland planting areas shall be identified graphically and in writing on
a separate restrictive covenant. The graphic shall be signed and sealed by a certified Engineer
or Surveyor as applicable, recognized and approved by the FDPR. If a plat is required, pursuant
to Art. 11, Subdivision, Platting, and Required Improvements, all planted littoral zones and
upland reclamation planting areas shall be identified by reference to the restrictive covenant.
The plat and restrictive covenant shall be reviewed and approved by the Zoning Division, ERM,
and the County Attorney’s Office prior to recordation. A copy of the plat, if applicable, and
recorded restrictive covenant shall be provided to ERM and PZB, prior to issuance of written
approval of the Notice of Intent to Construct. Within 30 days following plat recordation, a copy
of the recorded plat shall be provided to ERM and Zoning Division. An Applicant may submit a
written request to ERM to approve the termination of a recorded restricted covenant agreement
provided the DO has been rescinded and no excavation of any water management tract has
occurred. A copy of the termination of the restrictive covenant shall be provided to ERM. A
restrictive covenant may be amended upon written request by an Applicant and approval by
ERM. The littoral area and reclaimed upland planting area shall be specifically and separately
reserved to the owner, or if applicable, to the Property Owners' Association as its perpetual
maintenance responsibility, without recourse to PBC or any other governmental entity or
agency. The plat, if applicable, restrictive covenant, and Property Owners' Association
documents, shall contain the following statement: [Ord. 2019-034]
It is a punishable violation of PBC Laws, Ordinances, Codes, Regulations and approvals to
alter the approved slopes, contours, or cross sections or to chemically, mechanically, or
manually remove, damage or destroy any plants in the reclaimed areas and planted littoral
zone except upon the written approval from the Director of ERM or Zoning, as applicable. It is
the responsibility of the owner or property owners association, its successors or assigns, to
maintain the required survivorship and coverage of the reclaimed upland and planted littoral
areas and to ensure on-going removal of prohibited and invasive non-native plant species from
these areas.
d. Performance Guarantee Requirements
1) General
ERM shall administer guarantee requirements for the excavated area and littoral plantings. The
Zoning Division shall administer guarantee requirements for reclaimed upland area, and upland
plantings. The Land Development Division shall administer guarantee requirements associated
with road maintenance and repair of haul routes if required by the BCC or County Engineer
executed agreement pursuant to Art. 4.B.10.B.7.a.10)b), Executed Agreement.
2) Guarantees Required
The guarantees for phased projects may be bonded separately with approval by the DRO.
a) Agricultural and Type 2 Excavations
Agricultural and Type 2 Excavations shall be required to provide a guarantee for the littoral
zones. If approved as a Class A Conditional Use, guarantees may also be required for the
excavated area, upland reclamation (excluding upland plantings), and roadway
maintenance and repair.
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b) Type 3 Excavation
Approval of at least five guarantees shall be required for Type 3 Excavation:
(1) excavated areas;
(2) reclaimed upland areas;
(3) upland planting areas; and,
(4) littoral zones.
c) Approval may be required for Type 3 Excavation for road maintenance and repair.
3) Execution
The performance guarantee shall be executed by a person or entity who owns a property in
part or in whole or has legal interest in the property. Transfer of title to the subject property
shall not relieve the need for the performance guarantee. The seller shall maintain, in full force
and effect, the original performance guarantee until it is replaced by the purchaser. [Ord. 2019-
034]
4) Form of Guarantee
The guarantee shall assure the project performs as approved by the BCC and in accordance
with the standards of this Code. The guarantee shall take the form of:
a) A cash deposit or certificate of deposit assigned to PBC;
b) An escrow agreement for the benefit of PBC;
c) A performance bond issued by a Florida-registered guarantee company which shall be
listed on the U.S. Department of Treasury Fiscal Services, Bureau of Government Financial
Operations. Said bond may be canceled only upon a 60-day written advance notice and
acceptance of cancellation by ERM, PZB, or Land Development Division, as applicable;
d) An unencumbered, clean, irrevocable letter of credit which must be executed on a form
provided by PBC; or,
e) Unless otherwise approved in writing by ERM, PZB, or Land Development Division, as
applicable, performance bonds or letters of credit shall be on forms provided by PBC.
5) Amount of Guarantee
a) General
The amount of the guarantees shall be adjusted in accordance with the Consumer Price
Index, as provided by the Congressional Budget Office and as approved by the County
Attorney’s Office.
b) Excavated Area
The guarantee shall be a minimum of 1,000 dollars per acre of permitted excavation area.
c) Littoral Zones
The guarantee shall be a minimum of 10,000 dollars and shall be an amount of no less
than 110 percent of the total estimated cost for planting, maintaining, and monitoring the
required littoral shelves. ERM retains the option for requesting a second cost estimate for
which the performance guarantee is based.
d) Reclaimed Upland and Upland Planting Areas
The guarantee shall be a minimum of 10,000 dollars and shall be an amount of no less
than 110 percent of the total estimated cost for reclaiming, planting, maintaining, and
monitoring the upland area and required upland planting areas. PZB retains the option for
requesting a second cost estimate for which the guarantee is based.
6) Submittal and Approval of Guarantee
Except in the case of an application by a political subdivision or agency of the State, all
Applicants shall submit the guarantee instruments and obtain approval of the guarantee as
provided below.
a) Reclaimed Upland Area and Upland Planting Areas
Guarantees for the reclaimed upland area and upland planting areas shall be submitted
with the DRO application and approved prior to DRO approval of the Final Excavation Plan.
b) Excavated Area and Littoral Zones
Guarantees for the excavated area and littoral zones shall be approved by ERM prior to
issuance of written approval of the Notice of Intent to Construct.
c) Road Maintenance and Repair
When required, guarantees for road maintenance and repair shall be approved by the Land
Development Division prior to issuance by ERM of the Applicant’s Notice of Intent to
Construct.
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7) Duration and Release
The guarantee for the excavated area and upland reclamation area of Type 3 Excavation may
be reduced once the “as-built” plan is approved. However, the guarantee shall continue to
cover the upland planting and littoral planting areas until released by Palm Beach County.
a) Excavated Areas for Type 3 Excavation
At the request of the Applicant, the guarantees shall be released by ERM, after DRO
certification of the final as-built reclamation plan, in accordance with Art. 4.B.10.C.5.g, Use
Approval and Procedures.
b) Upland Reclamation Area
At the request of the Applicant, the guarantees shall be released by PZB, after DRO
certification of the final as-built reclamation plan, in accordance with Art. 4.B.10.B.7.c.5),
Area of Record.
c) Littoral and Upland Planting Reclamation Areas
The guarantees shall remain in effect a minimum of 730 days (two years) after reclamation
is completed in accordance with all requirements of this Section. Guarantees shall not be
released until approved plats or separate instruments are recorded and proof of recordation
is provided to ERM and PZB, pursuant to Art. 4.B.10.B.7.d, Performance Guarantee
Requirements. Following verification of successful completion of reclamation through
approval of the submitted as-builts, area of record, monitoring reports, and, site
inspection(s) by ERM and PZB, as applicable, guarantees shall be released.
d) Road Maintenance and Repair
When required, the guarantee shall be released by the County Engineer and any applicable
road maintenance authority after certification of the final phase of the as-built plan and
upon final inspection and acceptance of the repair, maintenance, and condition of the
streets within the radius of impact.
8) PBC Use of Guarantee
Should PBC find it necessary to use the performance guarantee for corrective work or to fulfill
the Applicant’s reclamation, reconstruction, or maintenance obligations as set forth herein, the
Applicant shall be financially responsible for all legal fees and associated costs incurred by
PBC in recovering its expenses from the firm, corporation, or institution that provided the
performance guarantee.
e. Maintenance and Monitoring
The following maintenance and monitoring program is required for all planted littoral zones and
reclaimed planted upland areas.
1) Excavation Activity
The Applicant shall submit an annual report to the DRO indicating the status of the excavation
activity. The report shall include, but not be limited to, the status of:
a) the current phase(s) of excavation;
b) all phases of excavation and reclamation activities (including date(s) of completion and
anticipated dates of completion);
c) amount of material extracted and amount of material removed from the site;
d) condition of perimeter buffers and landscaping; and,
e) status of compliance with Conditions of Approval and applicable requirements in this
Section.
2) Initial Maintenance and Monitoring of Reclaimed Upland Areas and Littoral and Upland
Planting Areas
The planted littoral zones and planted upland areas shall be inspected and monitored for at
least one year after planting. Equipment storage, maintenance, and service areas shall be
monitored until completion of the excavation activity for contamination by Regulated
Substances. The maintenance and monitoring program shall comply with the following
requirements:
a) Maintenance
Inspections, monitoring, exotic plant species removal, and replanting during each
monitoring period shall be required to maintain the minimum:
(1) 80 percent coverage criterion for the planted littoral zone from the 180-day monitoring
period; and
(2) 80 percent survivorship for the planted upland area from the 180-day monitoring
period;
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Article 4 – Use Regulations
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b) Exotic Plant Species
Complete removal of the following plant species from the planted littoral zone and upland
areas, as applicable:
(1) prohibited and invasive non-native plant species as defined by Art. 14.C, Vegetation
Preservation and Protection; and
(2) invasive species, such as cattails, primrose willows, and water hyacinth.
c) Regulated Substances
Inspections and monitoring of all equipment storage, maintenance, and service areas shall
be required to ensure the site has not been contaminated by Regulated Substances.
Construction areas shall be maintained in accordance with the “Regulated Substance Best
Management Practices for the Construction Industry.”
d) Submittals for Monitoring Programs
Submittal of monitoring reports for each monitoring period shall be required. The planted
littoral zone reports shall be submitted to ERM and the reclaimed upland planting reports
shall be submitted to the Zoning Division. These monitoring reports shall represent the
monitoring periods commencing with a time zero report, 90-day, 180-day, and 360-day
reports.
The time zero monitoring report shall be submitted within 30 days of the initial planting.
Each subsequent report shall be submitted within 30 days of the completion of the
monitoring period. If following the first year of the maintenance and monitoring period, PBC
finds the planted littoral or reclaimed planted upland areas to be in non-compliance with
the provisions herein, the landowner or entity having maintenance responsibility may be
required by PBC to extend their maintenance and monitoring period, until compliance with
the maintenance and monitoring requirements is met.
e) Content of Monitoring Reports
Each monitoring report, including the time zero report, shall assess the species, numbers,
and locations of planted littoral zones and reclaimed upland planting areas. The report shall
also depict the equipment storage, maintenance, and service areas and assess the
condition of the ground as a result of possible leakage or spillage of Regulated Substances.
The report shall include multiple photographs (panoramas are preferred) of the site clearly
showing these areas. Photographs must be taken at approximately the same location(s)
each time.
In addition, the report shall detail the species, numbers, and locations of additional
plantings that were made to attain the 80 percent survivorship/coverage criteria, if such
plantings were necessary.
3) Long-Term Maintenance and Monitoring of Reclaimed Upland Areas and Littoral and
Upland Planting Areas
After the first year, the landowner or entity having maintenance responsibility for the planted
littoral zone and planted upland reclamation area, shall maintain these areas in the following
manner.
a) The reclaimed upland areas shall maintain a minimum survivorship of 80 percent, and the
planted littoral zone shall maintain a minimum coverage of 80 percent.
b) Exotic and invasive non-native plant species as defined by Art. 14.C, Vegetation
Preservation and Protection, such as cattails, primrose willows, and water hyacinth, shall
be restricted to a coverage of less than ten percent of the required planted littoral zone. No
exotic or invasive non-native plant species shall be permitted in the upland areas.
4) Repair, Reconstruction, Modification
DRO approval shall be obtained prior to any reconfiguration of the approved lake or reclaimed
upland area. Written approval from the Director of ERM shall be obtained prior to modification
of the planted littoral zones.
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Article 4 – Use Regulations
Page 183
8. Administration and Enforcement
a. Administrative Waiver from Construction Criteria for Agricultural, WCAA, Type 2, and Type
3 Excavations
1) Authority and Criteria
Administrative waivers from the slope, depth, or littoral zone standards contained in Art.
4.B.10.B.7, Technical Standards, for Agricultural, WCAA, Type 2, and Type 3 Excavations may
be granted by ERM in accordance with the Standards of this Section. ERM may grant the
waivers to an Applicant upon demonstration by a preponderance of evidence, that such
administrative waivers will not be injurious to the area involved or otherwise detrimental to the
public welfare, and that special or unique circumstances exist to justify the administrative
waivers based on one or more of the following conditions:
a) That the literal application of these Standards will create an unreasonable hardship and
that the special and unique circumstances do not result from the actions of the Applicant;
b) That a request for relief from the littoral planting requirements include an alternative plan
with a contribution to the Pollution Recovery Trust Fund of twice the amount calculated by
the formula for a guarantee located in Art. 4.B.10.B.7.d.5)c), Littoral Zones and for review
and approval by the Director of ERM. If the littoral zone had been depicted on the Site or
Master Plan, a modification of the plan shall be processed in order to delete the littoral
zone from the plan;
c) That appropriate technology and methods will be used to ensure consistency with the intent
of the Code; or,
d) The proposed administrative waiver will not be adverse to the general intent and purpose
of this Section.
2) Limitations
No administrative waiver shall be approved for those separation items in Art. 4.B.10.B.7.b,
Construction Standards, unless the item specifically allows approval by ERM; nor for any
excavation or mining operation location which will reduce hydraulic recharge distances to a
public water supply well in excess of two percent; nor within 200 feet of a publicly-owned
conservation area, environmentally sensitive land area, or publicly-owned preservation area.
An administrative waiver may be granted for littoral areas within a lake supporting Bona Fide
Agriculture operations. If the land use changes from Bona Fide Agriculture use, the littoral
requirements for the new land use shall be required.
3) Review Process
The request shall be included with the Notice of Intent to Construct, unless a Notice of Intent
to Construct has been previously approved. An appropriate fee and drawings of sufficient detail
shall be required in order to provide the information needed to determine if granting approval
of the waiver is appropriate. The application and drawings, excluding littoral planting plans,
shall be signed and sealed by a professional recognized and approved by the Florida
Department of Professional Regulation for this type of project.
a) Upon receipt of a request to deviate from the Construction Criteria, ERM shall have 30
days to request any additional information.
b) Within 30 days of receipt of the requested additional information, ERM may only request
information needed to clarify the additional information supplied or to answer new
questions raised by or directly related to the additional information.
c) If ERM does not ask for additional information within 30 days of receipt of the request, the
request shall be deemed complete upon date of receipt.
d) If an Applicant fails to respond to a request for the fee or any additional information within
60 days, the request may be denied without prejudice. However, ERM may grant an
extension of time as is reasonably necessary to fulfill the request for additional information.
ERM action shall be approval or denial, and shall be included with the issued written
approval of the Notice of Intent to Construct.
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Article 4 – Use Regulations
Page 184
b. Violations, Enforcement, and Penalties
1) Violations
Violations not related to conditions imposed by the Notice of Intent to Construct excavation,
may be referred to the Director of Code Enforcement as determined by the Director of ERM.
For each day or portion thereof, it shall be a violation of this Section to:
a) fail to comply with a requirement of this Section, a condition of an approval, or an authorized
exemption granted hereunder;
b) fail to comply with the design specifications or littoral planting plan submitted with the
Notice of Intent to Construct for which a written approval was issued by ERM;
c) alter or destroy the approved depths, slopes, contours, or cross sections;
d) chemically, mechanically, or manually remove, damage, destroy, cut, or trim any plants in
the littoral zones, except upon written approval by the Director of ERM;
e) dredge, excavate, or mine the lake or littoral zones without prior receipt of approval(s) from
ERM and/or PZB;
f) cause water quality violations in excess of the standards contained in Chapter 62-302,
F.A.C.; or,
g) dewater in Type 1A, Type 1B, and Agricultural Excavations unless otherwise permitted by
a State agency, Federal agency, or the SFWMD.
c. Enforcement
Violation of each provision of this Section, any Conditions of Approval, or any of those violations
listed in Art. 4.B.10.B.8.b, Violations, Enforcement, and Penalties, above, shall be deemed a
separate violation and may be subject to fines up to 1,000 dollars per day per violation. In order to
enforce compliance with the provisions of this Section, ERM, PZB, and the County Engineer may
issue a cease and desist order or require that future DRO certifications be denied or a Building
Permit or CO be withheld. Violations of the provisions of this Section shall be punishable by one or
more of the following:
1) Quadruple permit fees shall be assessed if permits were not obtained for violations involving
activities which would otherwise have been permitable, as determined by ERM, PZB, or the
Land Development Division.
2) This Section shall be enforced through the remedies as outlined in Art. 10, Enforcement.
However, PBC is not prevented from enforcing the provisions of this Section by any other
measures allowable by law, including but not limited to, F.S. ch. 125 and F.S. ch. 162, as may
be amended.
3) If the Applicant has violated the provisions of this Section, or a Condition of Approval, Staff may
place the subject Development Order back on a BCC agenda for reconsideration in accordance
with the provisions of Art. 2.E, Monitoring of Development Orders (DOs) and Conditions of
Approval, and Art. 10, Enforcement.
d. Restoration
Damage to upland reclamation areas, planted littoral shelves, littoral plants, and/or streets may
result in an order to restore to the approved conditions. Excavation operations that have occurred
without approval and receipt of written approval from ERM, PZB, or the County Engineer, as
applicable may result in an order to restore the site or streets in the radius of impact to preexisting
conditions.
e. Additional Remedies
In addition to the sanctions contained herein, PBC may take any other appropriate legal action,
including but not limited to, administrative action, and requests for temporary and permanent
injunctions, to enforce the provisions of this Section.
f. Use of Collected Monies
All monies collected by ERM as civil penalties for violations of this Section shall be deposited in the
PBC Pollution Recovery Trust Fund.
9. Appeals
An Applicant may appeal a final determination made by the appropriate authority that interprets
excavation uses as contained in Art. 1.B.1.A, Authority, based on the appeal process in Art. 2.A.14,
Appeal.
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Article 4 – Use Regulations
Page 185
C. Definitions and Supplementary Use Standards for Excavation Uses
Before commencement of any excavation, approval shall be obtained pursuant to the procedures and
standards defined in this Section.
1. Agricultural Excavation
a. Definition
Excavation necessary to support Bona Fide Agriculture production operations, including but not
limited to the creation of ponds or lakes to construct accessory structures supporting the agricultural
use, livestock ponds, canal laterals, and roads, but excluding customary agricultural activities such
as plowing and maintenance of canals and roads.
b. Separation and Setbacks
In addition to the separation requirements in Art. 4.B.10.C.1, Agricultural Excavation, shall maintain
a minimum setback of 100 feet, measured from the inside edge of the lake maintenance easement
to any adjacent property line.
c. Maximum Depth
Excavation activity shall not exceed 20 feet from OWL. This maximum depth may be exceeded if
approved by ERM in accordance with Art. 4.B.10.B.8, Administration and Enforcement, provided
the Applicant adequately ensures that chloride levels shall not exceed 250 parts per million (ppm)
and total dissolved solids (TDS) either does not exceed 500 ppm or is in accordance with Rule 62-
520.420(2), F.A.C. in the excavated lake based on groundwater sampling prior to construction, or
the Applicant may provide reasonable assurance that the ambient off-site chloride and TDS levels
will not be degraded based upon background levels. Additional sampling may be required by ERM
during and after construction.
d. Sediment Sump
A sediment sump may be constructed at the excavated lake or pond inlet to a depth of 25 feet
OWL. A sump shall not exceed five percent of the mined lake area.
e. Reclamation, Maintenance, and Monitoring
Agricultural Excavation shall comply with the excavated area, and littoral zone reclamation
requirements of Art. 4.B.10.B.7.c, Reclamation Standards, and Art. 4.B.10.B.7.c.2), Excavated
Area Reclamation Standard, Art. 4.B.10.B.7.c.3), Littoral Planting Reclamation Standards, Art.
4.B.10.B.7.c.5), Area of Record, and Art. 4.B.10.B.7.e, Maintenance and Monitoring requirements,
and Art. 4.B.10.B.8.e, Additional Remedies, unless waived by ERM.
f. Use Approval and Procedures
All applications for Agricultural Excavation shall include a detailed explanation of the proposed
Bona Fide Agriculture use. This explanation shall demonstrate consistency with applicable industry
standards and satisfy the definition requirements of Bona Fide Agriculture pursuant to Art. 4.B.6.C,
Definitions and Supplementary Use Standards for Specific Uses. The excavation shall be the
minimum necessary to implement the proposed Bona Fide Agriculture use.
1) Two Acres or Less – DRO
Agricultural Excavation consisting of two acres or less in surface area, may be approved
pursuant to Art. 2.G.4.G, Development Review Officer (DRO). The DRO shall review for
compliance with the standards of this Section and may approve the application with or without
conditions.
2) Greater Than Two Acres – Conditional Use
Off-site removal shall apply the appropriate compatibility standards of Art. 4.B.10.C.5, Type 3
Excavation.
3) Additional Review
See Art. 4.B.10.C.5.g.1), Excavation Pre-Application Checklist.
g. Guarantee Requirements
Agricultural Excavation shall comply with the guarantee requirements pursuant to Art. 4.B.10.B.7.d,
Performance Guarantee Requirements.
h. Notice of Intent to Construct
In accordance with Art. 4.B.10.B.6, Notice of Intent to Construct, shall be required.
i. WCAA Excavation
1) Operational and Construction Standards
An application for WCAA Excavation shall comply with the standards in Art. 4.B.10.B.7.a,
Operational Standards and Requirements, and Art. 4.B.10.B.8.b, Violations, Enforcement, and
Penalties, except for hours of operation.
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Article 4 – Use Regulations
Page 186
2) Separations and Setbacks
In addition to the separation requirements in Art. 4.B.10.B.7.b.1), Separation, a WCAA
Excavation shall maintain a minimum setback of 50 feet measured from the inside edge of the
lake maintenance easement to any adjacent property lines.
3) Depth
The maximum depth for the excavated lake or pond shall not exceed 15 feet from OWL due to
chloride and TDS considerations. This maximum depth may be exceeded if approved by ERM
in accordance with Art. 4.B.10.B.8, Administration and Enforcement, provided the Applicant
adequately ensures that chloride levels shall not exceed 250 parts per million (ppm) and total
dissolved solids (TDS) does not exceed 500 ppm or is in accordance with Rule 62-520.420(2),
F.A.C. within the excavated lake or pond based on groundwater sampling prior to construction.
Additional sampling may be required during and after construction.
4) Sediment Sump
A sediment sump may be constructed at the excavated lake or pond inlet to a depth of 25 feet
OWL. However, this sump shall not exceed five percent of the mined lake area.
5) Approval and Procedures
All applications for WCAA Excavation shall include a detailed explanation of the proposed Bona
Fide Agriculture use. This explanation shall demonstrate consistency with applicable industry
standards and shall satisfy the definition requirements of Bona Fide Agriculture pursuant to Art.
4.B.6.C, Definitions and Supplementary Use Standards for Specific Uses. Excavation shall be
the minimum necessary to implement the Bona Fide Agriculture use.
a) Additional Requirement. See Art. 4.B.10.C.5.g.1), Excavation Pre-Application Checklist.
6) Notice of Intent to Construct
In accordance with Art. 4.B.10.B.6, Notice of Intent to Construct, shall be required.
2. Type 1A Excavation
a. Definition
Excavation necessary to obtain fill for the construction of a Single Family dwelling or an accessory
structure to a Single Family dwelling on a lot.
b. Lot Size
A minimum of one acre.
c. Excavated Surface Area
The maximum surface area of all excavation on the premises shall be less than one-fifth acre or
8,712 square feet.
d. Off-Site Removal
Off-site removal of extracted material is prohibited.
e. Separation and Setbacks
In addition to the separation requirements in Art. 4.B.10.B.7.b.1), Separation, Type 1A Excavation
shall maintain the following minimum setbacks, measured from the inside edge of the lake
maintenance easement.
1) 15 feet at the time of construction from any adjacent property line. The top of bank shall be a
minimum of five feet.
2) 50 feet from any potable water well.
3) 100 feet from any septic system pursuant to Art. 15.A, PBC Environmental Control Rule I –
Onsite Sewage Programs (OSP). [Ord. 2022-019]
f. Slope
If a lake excavated prior to June 16, 1992, does not comply with the minimum slope requirements
of Art. 4.B.10.B.7.b.2), Slopes, a minimum four-foot-high gated fence completely enclosing the
excavated area may be substituted for the required slopes.
g. Depth
Excavation activity shall not exceed ten feet in depth below OWL.
h. Reclamation
The Applicant shall comply with the following reclamation requirements prior to issuance of a CO.
1) Compliance with the slope and drainage and reclamation standards of Art. 4.B.10.B.7.b,
Construction Standards, shall be required.
2) The Property Owner shall submit a Certificate of Compliance sealed by a registered land
Surveyor to the Building Division depicting:
a) an as-built survey showing the location, size, and depth of the excavated area; and
b) in cases where no permanent water body is created, the Site Plan submitted with the
Building Permit shall serve as the reclamation plan.
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Article 4 – Use Regulations
Page 187
i. Use Approval and Procedures
The request shall be made concurrent with an application for a Building Permit. Approval shall be
issued concurrent with receipt of a Building Permit for a Single Family dwelling.
1) Application Requirements
The Building Permit plans shall be supplemented with the following information:
a) Site Plan
A general Site Plan complying with the standards of this Section;
b) Statement
A statement estimating the amount of excavated material, in cubic yards; and,
c) Notarized Authorization
Notarized authorization from the Property Owner to excavate.
2) Determination of Sufficiency, Review, and Decision
A Building Permit shall be issued by PZB, with or without Conditions of Approval, after the
application has been determined complete and in compliance with this Section.
3. Type 1B Excavation
a. Definition
Excavation necessary to obtain fill for the construction of a Single Family dwelling or an accessory
structure to a Single Family dwelling on a lot.
b. Lot Size
A minimum of two and one-half acres.
c. Excavated Surface Area
The maximum surface area of all excavation on the premises shall be less than 25 percent of the
gross lot area and shall not exceed two acres.
d. Off-Site Removal
Off-site removal of extracted material is prohibited.
e. Separations and Setbacks
In addition to the separation requirements of Art. 4.B.10.B.7.b, Construction Standards, Type 1
Excavation shall maintain the following minimum setbacks:
1) 30 feet at the time of construction from any adjacent property line.
2) 50 feet from any potable water well.
3) 100 feet from any septic system pursuant to Art. 15.A, PBC Environmental Control Rule I –
Onsite Sewage Programs (OSP). [Ord. 2022-019]
f. Maximum Depth
Excavation activity shall not exceed 15 feet in depth below OWL.
g. Reclamation
The Applicant shall comply with the following reclamation requirements prior to issuance of a CO.
1) Compliance with the slope angle, drainage, and reclamation standards of Art. 4.B.10.B.7.b,
Construction Standards.
2) The Property Owner shall submit a Certificate of Compliance sealed by a registered land
Surveyor to the DRO depicting:
a) An as-built survey showing the location, size, and depth of the excavation.
b) In cases where no permanent water body is created, the Building Permit Site Plan shall
serve as the reclamation plan.
h. Use Approval and Procedures
The request shall be made concurrent with an application for a Building Permit. Approval shall be
issued concurrent with receipt of a Building Permit for a Single Family dwelling.
1) DRO Approval
Pursuant to Art. 2.C, Administrative Processes: DRO approval shall be required. The DRO
shall review for compliance with this Section and may approve the application with or without
conditions.
2) Duration
A Type 1B Excavation permit shall expire 120 days from the date authorization is received to
begin excavation activity. The DRO may grant one 90-day extension.
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Article 4 – Use Regulations
Page 188
4. Type 2 Excavation
a. Definition
Excavation necessary to create a lake or lakes required to implement a Development Order.
b. Location
A Type 2 Excavation may be permitted to implement a Development Order for a principal use as
allowed in this Section, and to implement a Final Master Plan, Final Site Plan, or Final Subdivision
Plan approved by the DRO.
c. Standards
An application for a Type 2 Excavation shall comply with the following requirements:
1) Art. 4.B.10.B.7.a, Operational Standards and Requirements, and Art. 4.B.10.B.7.b,
Construction Standards;
2) Excavated area, littoral zone, and general upland reclamation requirements pursuant to Art.
4.B.10.B.7.c, Reclamation Standards;
3) Art. 4.B.10.B.7.d, Performance Guarantee Requirements;
4) Art. 4.B.10.B.7.e, Maintenance and Monitoring; and,
5) Art. 4.B.10.B.6, Notice of Intent to Construct.
d. Separations and Setbacks
In addition to the separation requirements in Art. 4.B.10.B.7.b.1), Separation, Type 2 Excavation
shall maintain a minimum setback of 30 feet, measured from the top of bank to the perimeter
boundary of the Planned Development District, Subdivision, Final Site Plan, streets 80 feet in width
or greater, and canal R-O-W. For the purpose of this separation and setbacks provision, the top of
bank is considered the waterward edge of the lake maintenance easement.
e. Depth
The maximum depth of a Type 2 Excavation shall be in accordance with Art. 4.B.10.C.1.c,
Maximum Depth.
f. Use Approval and Procedures
1) DRO Approval
Prior to initiating Type 2 Excavation activities, the DRO shall review the final site development
plan for compliance with the standards of this Section and may approve with or without
conditions.
2) Off-Site Removal of Excess Fill – DRO
The DRO may approve removal of more than ten percent of the extracted material from the
site if:
a) The Applicant demonstrates that the make-up of the natural soil contains an excessive
amount of silt, rock, or muck and construction of required drainage structures or
construction of required structural foundations require removal of an excessive amount of
silt, rock, or muck; or
b) The removal of the material is the minimum necessary to accommodate on-site drainage
requirements or structural fill requirements; and,
c) The impact of the excavated material will not cause adverse effects to internal Property
Owners or internal streets.
3) Off-Site Removal of Excess Fill – Conditional Use
A minimum of 90 percent of the fill shall be used on site, unless unusual site conditions exist.
If an excess of ten percent of fill is proposed to be removed from a site and no unusual
conditions exist justifying removal of more than ten percent of the excavated material, as
specified in Art. 4.B.10.C.4.f.2), Off-Site Removal of Excess Fill – DRO, the application shall
be subject to the following:
a) Approval Process
Apply for a Class A Conditional Use process, pursuant to the standards of Art. 2.B.7, Types
of Applications for Conditional Uses, Development Order Amendments, Unique Structures,
and Type 2 Waivers.
b) Requirements
The Applicant shall comply with the following standards:
(1) Art. 4.B.10.B.7.a, Operational Standards and Requirements.
(2) Littoral Planting Reclamation Standards in Art. 4.B.10.B.7.c.3), Upland.
(3) Upland Reclamation Standards in Art. 4.B.10.B.7.c.4), Upland Planting.
(4) Maintenance and Monitoring requirements for excavated areas, and littoral plantings
in Art. 4.B.10.B.7.e, Maintenance and Monitoring.
(5) Buffer requirements in Art. 4.B.10.C.5.i.2)b)(3), Type 3A Excavation, Buffer.
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Article 4 – Use Regulations
Page 189
(6) Setbacks shall be provided pursuant to Type 2 setback requirements in Art.
4.B.10.C.4.d, Separations and Setbacks.
c) Frontage
The development shall have direct frontage on and access to a Collector or Arterial Street
depicted on the County's Thoroughfare Identification Map.
d) Location
The following Type 3A standards shall apply, unless waived by the BCC after a finding of
fact that waiver of these standards will not violate the compatibility standards, pursuant to
Art. 4.B.10.C.5.i, Compatibility Standards.
4) Excavation, Performed by Public Agency, To Provide Drainage for a Public Street
a) Excavation activity located outside the street boundary, conducted solely to accommodate
drainage for a public street, and performed or caused to be performed by contract with a
public agency, as defined herein, shall comply with the standards below. The excavation
activity shall:
(1) be on land owned by PBC, the State, or a Water Control District created by Special
Act to operate under F.S. ch. 298 (1996); or
(2) be on land granted by easement to and accepted by PBC, the State, or a Water Control
District; and,
(3) be the absolute minimum necessary to comply with the surface water drainage
requirements for the public streets.
b) For the purpose of Art. 4.B.10.C.4, Type 2 Excavation, authorization by PBC, FDOT, or a
Water Control District to construct public streets shall constitute a valid Development
Order. The excavation design and activity shall only be required to comply with these
standards indicated below. No other provision applicable to Type 2 Excavation as
contained in this Article shall apply. [Ord. 2018-018]
(1) Notice of Intent to Construct pursuant to Art. 4.B.10.B.6, Notice of Intent to Construct;
(2) Operational and construction standards pursuant to Art. 4.B.10.B.7.a, Operational
Standards and Requirements, Art. 4.B.10.B.7.b, Construction Standards, and Art.
4.B.10.B.7.a.10), Hauling Standards;
(3) Littoral zone and general upland reclamation requirements pursuant to Art.
4.B.10.B.7.c, Reclamation Standards; and,
(4) Maintenance and Monitoring requirements pursuant to Art. 4.B.10.B.7.e, Maintenance
and Monitoring.
5. Type 3 Excavation
a. Definition
The extraction of minerals primarily for commercial purposes.
b. Classification of Types
Type 2, or Agricultural Excavation that exceed established criteria, as defined in this Section, are
to be considered a Type 3 Excavation. Two classes of Type 3 Excavation (Type 3A and Type 3B)
are established to distinguish between the types of mining operations.
1) Type 3A Excavation
Excavation activity that extracts materials from the earth and may require limited on-site
processing by using temporary or portable crushers, sifters, and conveyor systems. A Type 3A
Excavation activity may use dragline, dredging, or earth moving equipment to perform the
mining operation provided the operation complies with the standards of this Section. The use
of explosive devices or permanent structures or equipment used to crush or sift material shall
be prohibited.
2) Type 3B Excavation
Excavation activity that extracts materials from the earth and may require extensive processing
of the material on site. Type 3B Excavation may use dragline, dredging, or earth moving
equipment to perform the mining operation. The use of explosives and heavy industrial
equipment to crush, sift, and transport the material on site may be permitted subject to
compliance with the standards of this Section.
c. Standards
An application for a Type 3 Excavation shall comply with the following requirements:
1) Operational and construction standards pursuant to Art. 4.B.10.B.7.a, Operational Standards
and Requirements, and Art. 4.B.10.B.7.b, Construction Standards.
2) Excavated area, littoral zone, and upland reclamation requirements pursuant to Art.
4.B.10.B.7.c, Reclamation Standards.
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Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 190
3) Art. 4.B.10.B.7.d, Performance Guarantee Requirements.
4) Art. 4.B.10.B.7.e, Maintenance and Monitoring.
d. Location
A Type 3 Excavation may be allowed in accordance with this Section. Mining may be allowed with
limitations in the zoning districts identified below.
1) AP Zoning District in the AP FLU Designation
Mining shall be limited to the support of public road construction projects, agricultural activities,
or water management projects associated with ecosystem restoration, regional water supply,
or flood protection, on sites identified by the SFWMD or the U.S. Army Corps of Engineers
where such uses provide viable alternative technologies for water management. Mining shall
demonstrate compliance with standards in Art. 4.B.10.C.5.i, Compatibility Standards.
e. Depth
The maximum depth of a Type 3 Excavation shall be in accordance with Art. 4.B.10.C.1.c,
Maximum Depth.
f. Accessory Use
An Asphalt or Concrete Plant shall be allowed as an accessory use to a Type 3B Excavation,
subject to DRO approval and provided that:
1) the site is a minimum of 500 acres;
2) the use is separated at least one-half mile from any residential use or district; and,
3) direct access to the plat is provided from an Arterial Street.
g. Use Approval and Procedures
A Class A Conditional Use approval is required for a Type 3 Excavation, in accordance with Art.
2.B, Public Hearing Processes. A Type 3 Excavation shall require an additional level of review that
exceeds the County’s current scope of review to establish that the request will not have a significant
adverse impact to water quality or the overall health of available water resources.
1) Excavation Pre-Application Checklist
Concurrent with submittal of an excavation application for the DRO certification for public
hearing, the Applicant shall secure the information described on the excavation Pre-Application
Checklist and shall use this information as the basis for a pre-application meeting with DEP.
This pre-application information and meeting is necessary to obtain a Preliminary Assessment
Letter (PAL) from the DEP, Bureau of Mines and Minerals. The Pre-Application Checklist is
available from the Zoning Division, as amended periodically by the Executive Director of PZB.
a) Preliminary Assessment Letter (PAL)
The Applicant shall gather the information described on the checklist and conduct a pre-
application meeting with the DEP. The County application shall not be determined to be
sufficient without the PAL or its equivalent as stated in Art. 4.B.10.C.5.g.1)b), Alternative
to the Preliminary Assessment Letter. Should the DEP identify certification issues
regarding the application, these issues must be resolved prior to certification of the
application for public hearing.
b) Alternative to the Preliminary Assessment Letter
In lieu of a Preliminary Assessment Letter, the Applicant may submit one of the following
to the County:
(1) An Environmental Resource Permit; or
(2) Request for Additional Information demonstrating no apparent concerns will be
generated from the application.
c) Conditions of Approval
The DEP may recommend Conditions of Approval to the BCC to resolve issues related to
its regulations.
2) Water Control or Management District
Concurrent with submittal of an excavation application for the DRO certification for public
hearing, the Applicant shall submit a duplicate copy to the Zoning Division to be forwarded to
the Water Control or Management District, whichever is applicable, that has jurisdiction to
maintain roads and drainage in the area. The Water Control District may provide comments to
the DRO to be included in the Staff Report for presentation to the BCC.
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 191
3) Final DRO Approval
Prior to starting any activity associated with the excavation project, the Applicant shall submit
an Excavation Plan to the DRO for review and approval in accordance with Art. 2.C,
Administrative Processes.
a) The Applicant shall submit a Phasing Plan complying with the requirements of Art.
4.B.10.B.5, Supplemental Application Requirements, and Art. 4.B.10.B.6, Notice of Intent
to Construct.
b) Once reclamation and rehabilitation of the preceding phase of excavation has commenced,
a subsequent phase of excavation may begin after receipt of all guarantees, required by
Art. 4.B.10.B.7.e, Maintenance and Monitoring, and written authorization by the DRO.
c) Prior to final site approval by the DRO, ERM shall confirm that the Applicant has provided
all necessary State final approved permits.
4) Amendment to Development Order
If amendments to the BCC approval are necessary to accommodate other State permitting
requirements, and provided these changes are within boundaries of the existing BCC approval,
these amendments shall be allowed at Final Plan approval by the DRO.
5) Haul Agreement
The BCC may require, as a Condition of Approval, for an executed agreement for the proposed
haul in accordance with Art. 4.B.10.B.7, Technical Standards, prior to issuance of the Notice
of Intent to Construct by ERM.
6) Notice of Intent to Construct
Notice of Intent to Construct shall be submitted to and receive approval from ERM in
accordance with Art. 4.B.10.B.6, Notice of Intent to Construct, prior to initiating any on-site
excavation activities.
7) Reclamation Plan Approval and Release of Performance Guarantees
Prior to the release of any performance guarantee. The DRO shall approve an “as built”
reclamation plan. The plan shall include certified as-built drawings and written certification,
bearing the seal of an Engineer registered in the State of Florida, certifying compliance with
Art. 4.B.10.B.7, Technical Standards (excluding littoral and upland planting requirements), and
that all construction-related Development Order conditions and guarantees have been
satisfied. Performance guarantees for planting areas shall be released in accordance with Art.
4.B.10.B.7.e, Maintenance and Monitoring.
h. Annual Report
For the purpose of Type 3 Excavation, the owner shall submit an Annual Report to Monitoring on
the anniversary date of the BCC approval date. The Annual Report is necessary to monitor the
intent of the Conditional Use approval and applicable BCC conditions. In addition, the report is to
ensure compliance and update the agency requirements as listed below:
1) General
a) Acres mined to date;
b) Tonnage removed/sold including a copy of the resource extraction fee receipt to the
County;
c) Status of each phase;
d) Updates to Master/Site Plans;
e) Documentation that the intended use of the material complies with County requirements,
such as, but not limited to, the quarry’s status with FDOT and other usages for the mined
aggregate;
f) Status of compliance with conditions contained within the approved Resolution(s);
g) Status of compliance with all required permits including the most recent compliance
inspection from subject agencies, and status of any identified notice of non-
compliance/violations;
h) Full stamped, executed, or signed copies, including exhibits and plans, of required permits
from all participating agencies including modifications or updates as they occur; and,
i) Certification and documentation that all seismograph instruments have been recalibrated
during the calendar year.
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Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 192
2) Agencies
Address the following agency requirements:
a) Archaeological
(1) Status of found artifacts and their location(s); and
(2) Copy of notification(s) to County and State Archaeologist and current status.
b) Engineering
(1) Status of potential road construction requirements, signalization, and R-O-W
acquisitions.
c) Environmental
(1) Status of Notice of Intent to Construct (NIC) Conditions of Approval and compliance
with administrative waivers;
(2) Status of extraction fee; and,
(3) Water quality data from designated sampling location from FDEP.
d) Health
(1) Status of compliance for any onsite sewage treatment and disposal systems;
(2) Status of compliance for any onsite drinking water systems; and,
(3) Status of compliance with BMPs for mosquito control including the need for aerial
spraying.
e) Planning
(1) Status of possibility for the mined areas to be utilized for water management or
ecosystem restoration purposes with a letter or any executed binding agreements from
each corresponding agency discussing pertaining to the reclaimed mined areas future
proposed uses.
f) Zoning
(1) Copy of the daily blasting log;
(2) Copy of the State Fire Marshall’s blast permit; and,
(3) Status of the upland reclamation requirements.
i. Compatibility Standards
A Type 3 Excavation shall be reviewed to assure the proposed excavation is compatible with
surrounding land uses and complies with the applicable separation and setback standards and to
ensure there are no negative impacts as defined herein. The BCC shall not approve the application
if a finding is made that the use will be incompatible with surrounding land uses. For the purposes
of this requirement, incompatible means negative impacts caused to surrounding land uses
because of proximity or direct association of contradictory, incongruous, or discordant land uses or
activities, including, but not limited to, the impacts of noise, vibration, dust, traffic, smoke, odors,
toxic matter, radiation, and similar environmental conditions.
1) General
The following standards shall apply to both Type 3A and Type 3B mining activities.
a) Location and Access
Local Residential Streets shall not be used for access or as a haul route. The site shall
front on and have direct access to an Arterial or Collector Street designated on the County’s
Future Thoroughfare Identification Map. In cases when the street on the Thoroughfare
Identification Map is not paved, the BCC may allow a Type 3 Excavation to locate and have
access to the street provided the BCC makes a finding of fact that the use of the street will
not cause an incompatible effect on surrounding residential uses, and may condition the
project to obtain a haul permit in accordance with Art. 4.B.10.B.7.a.10), Hauling Standards.
(1) Restrictions in the RR FLU Designation
Commercial excavation shall be prohibited in neighborhoods which support developed
Single Family residences on 60 percent of the valid lots of record. For the purposes of
this requirement, neighborhoods shall be defined as an area contained within a platted
subdivision, a rural unrecorded subdivision, an approved affidavit of exemption, an
area which has prepared a neighborhood plan in accordance with the Plan, or is in an
area with lots of similar size. Commercial excavation located in an area with a Rural
Residential land use designation that do not satisfy the definition of neighborhood
above, shall have a minimum of 100 acres and 500 feet of frontage with direct access
to an Arterial or Collector Street as specified herein.
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Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 193
b) Separation from Other Land Uses
Minimum separations from protected land uses are defined in Art. 4.B.10.C.5.i,
Compatibility Standards. Unless otherwise specified, separation shall be measured from
the outermost edge of the excavated area (top of bank), equipment, stockpiles, buildings,
or structures, to the closest structure of a protected land use. The BCC may reduce the
required separation distance based on the compatibility of the use with the adjacent area,
and the remoteness or proximity of adjacent incompatible uses, provided the reduction
complies with the intent of the compatibility standards in Art. 4.B.10.C.5.i, Compatibility
Standards. The BCC shall state the basis for the reduced separation and make a finding
of fact that the reduction should not negatively impact adjacent uses. If the separation is
reduced, the BCC may require increased setbacks, buffering, and other restrictions as
necessary to protect surrounding land uses.
(1) Residential Uses
For the purposes of this Section, existing residential uses shall be defined as a
residential lot supporting a residence in a platted subdivision, a rural unrecorded
subdivision, an approved affidavit of exemption, a plat waiver, or other recorded
instrument and is not located within the boundary of the excavation project.
c) Setbacks
Setbacks shall be measured from the outermost edge of the excavated area (top of bank),
structure, building, equipment, or stockpile to the boundary of the excavation project.
d) Fence
If mining activity is conducted within one-half mile of a residential use, the mining operation
shall be completely enclosed by a minimum six-foot-high fence, wall, or natural barrier and
shall have signage posted to prohibit trespassing.
e) Noise
Airborne noise produced from the excavation activity shall comply with the noise provisions
in Art. 5.E, Performance Standards, as measured at the nearest inhabited structure. The
sound level limits are allowed to increase for a limited duration. For this limited period,
noise generated by excavation projects may increase up to ten decibels more than
permitted by Table 5.E.4.B, Maximum Sound Levels. In addition, the noise level may
increase to a maximum of 120 decibels once each weekday (Monday through Friday) for
a maximum of ten seconds.
2) Type 3A Excavation
a) Restrictions in the RR FLU Designation
(1) Lot Size
A minimum of 40 acres.
(2) Minimum Surface Area
The maximum excavated surface area shall not exceed 30 percent of the gross area
contained within the boundary of the excavation project.
b) General
The following standards shall apply to a Type 3A Excavation:
(1) Minimum Separations and Setbacks
In addition to the separation requirements in Art. 4.B.10.B.7.b, Construction Standards,
a Type 3A Excavation shall maintain the following separations and setbacks from
adjacent uses as provided below.
(a) Separations from Residential Land Uses
Separation from an existing residence shall be a minimum of one-quarter mile,
measured from the property line of the excavation project to the inhabited
structure.
(b) Setbacks
Table 4.B.10.C – Setbacks
Residential Commercial
Industrial/
Agricultural
Streets
Excavated Lake Edge
100’
50’
50’
50’
Processing Equipment
600’
200’
200’
200’
Stockpiles
300’
200’
100’
200’
Accessory Buildings and Structures
100’
100’
100’
200’
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Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 194
(2) Stockpile Height
Stockpile height shall be limited to 30 feet.
(3) Buffer
A buffer shall be preserved or installed along property lines in accordance with the
provisions below. The buffer shall be planted and maintained in accordance with the
standards of Art. 7.C, Landscape Buffer and Interior Landscape Requirements, as
applicable.
(a) Existing Vegetative Buffer
If a substantial native or non-native, non-invasive vegetative buffer exists, then the
vegetation shall be utilized as an Incompatibility Buffer and preserved along the
entire perimeter of the site, except for an approved access area. To be considered
substantial, the buffer shall provide an opaque screen and be a minimum depth of
100 feet. If the 100-foot buffer is not opaque, then native vegetation complying with
the standards of a Type 3 Incompatibility Buffer shall be required to be planted to
supplement the existing vegetation and shall form a solid visual buffer within two
years. All native vegetative buffers shall be protected during the duration of the
excavation activity in accordance with the standards in Art. 7.E, Existing Native
Vegetation, Prohibited, and Controlled Plant Species, and in Art. 14.C, Vegetation
Preservation and Protection.
(b) Existing Prohibited Vegetative Buffer
To provide an instant buffer the BCC, by Condition of Approval, may permit existing
prohibited species to be maintained within the setbacks for a Type 3A Excavation
until completion of the excavation activity. In such cases the prohibited species
shall be removed prior to DRO approval of the as-built drawings for the final phase
of excavation, provided the last phase is a minimum of 25 acres. A landscape
buffer as required by applicable Sections of Art. 7.C, Landscape Buffer and Interior
Landscape Requirements, shall be installed in conjunction with subsequent
development.
(c) No Existing Vegetative Buffer
If a buffer does not exist along the areas defined below, then an opaque native
buffer shall be installed complying with the standards of a Type 3 Incompatibility
Buffer. The buffer shall be supplemented with a planted berm, a solid landscape
barrier, or combination thereof to reach a height of eight feet in two years. The
BCC may require the buffer to be planted to simulate natural conditions. This buffer
shall be installed adjacent to:
i. all streets;
ii. all residential zoning districts;
iii. lots supporting existing or proposed residential uses in the AR Zoning District.
Unless otherwise determined by the BCC, a buffer shall not be required
adjacent to land in agricultural production in the AP, or SA Zoning Districts nor
in the AR Zoning District if the land is used solely for Bona Fide Agriculture
purposes; and,
iv. commercial zoning districts.
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Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 195
3) Type 3B Excavation
a) Restrictions in the RR and SA FLU Designation
(1) Lot Size
A minimum of 100 acres.
(2) Maximum Surface Area
The maximum excavated surface area shall be determined by the BCC.
b) General
A Type 3B Excavation shall comply with the following criteria:
(1) Minimum Separations and Setbacks
In addition to the separation requirements in Art. 4.B.10.B.7.b, Construction Standards,
a Type 3B Excavation, except those that lie in the area defined as the WCAA, shall
comply with the separation and setback regulations below. Excavation projects in the
WCAA shall be evaluated on a case-by-case basis in accordance with the compatibility
criteria in Art. 4.B.10.C.5.i, Compatibility Standards, and shall have separation
requirements set by the BCC.
(a) Separation from Residential Uses
Separations from residential uses, shall be a minimum of one-eighth of a mile, in
all directions measured in accordance with Art. 4.B.10.C.5.i.1)b), Separation from
Other Land Uses, above.
(b) Setbacks
Minimum setbacks shall be provided based on separations from uses as indicated
below.
(c) Separation from Commercial and Industrial Uses
Commercial: One-half mile
Industrial: One-eighth mile
Table 4.B.10.C – Setbacks Based on Separation from Residential Uses
Uses
Separations
1 Mile
2 Miles
1/4 Mile
1/8 Mile
Mined Lake Edge
50’
100’
500’
1,200’
Processing Equipment
100’
300’
800’
1,400’
Stockpiles
100’
300’
700’
1,300’
Accessory Buildings and Structures
100’
100’
100’
100’
(2) Mining Impact Study
A Mining Impact Study shall be submitted for a Type 3B Excavation in the WCAA and
for projects which the Applicant requests a reduction in the required separations. The
study shall detail all methods and procedures for material extraction, processing,
storage, and hauling operations. At a minimum the study shall include the time of day
blasting will occur, the maximum number of holes to be shot each occurrence, including
the type of explosive agent, maximum pounds per delay, method of packing, and type
of initiation device to be used for each hole. The study shall include a blasting schedule
and establish noise and vibration standards complying with Art. 4.B.10.C.5.i,
Compatibility Standards. The study shall also demonstrate how these operations will
impact surrounding land uses.
(a) Prior to certification of an application for inclusion on a public hearing agenda, the
DRO may retain a technical consultant to advise the PBC of the adequacy of the
standards established in conjunction with the Mining Impact Study. The cost of
PBC’s consultant shall be borne by the Applicant.
(3) Noise and Vibration Monitoring Report
The Applicant shall monitor all blasting and other mining activities and record resultant
noise and vibrations. PZB may, at any time, require the Property Owner to submit
monthly monitoring reports, indicating the number, time, peak over pressure (noise),
and vibration caused by each activity. If requested, the Property Owner shall provide
the noise and vibration monitoring report within two working days from the date of the
request.
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Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 196
(4) Buffer
A buffer shall be installed along all property lines as specified below. The buffer shall
be planted and maintained in accordance with the standards of Art. 7, Landscaping.
(a) Existing Native Vegetative Buffer
Existing native vegetation within 100 feet of the property line shall be preserved
along the entire perimeter of the site, except for an approved access area.
(b) Existing Prohibited Vegetative Buffer
To provide an instant buffer along the entire perimeter of the site, the BCC, by
Condition of Approval, may permit existing prohibited species to be maintained in
the setbacks until completion of the excavation activity. In such cases, the
prohibited species shall be removed prior to DRO approval of the as-built drawings
for the final phase of excavation, provided the last phase is a minimum of 25 acres.
A landscape buffer as required by Art. 7.C, Landscape Buffer and Interior
Landscape Requirements, shall be installed in conjunction with subsequent
development.
(c) Type 3 Incompatibility Buffer
Sites within a one-quarter mile of a public or private street, which does not support
an existing opaque native or non-native, non-invasive vegetative buffer shall install
a Type 3 Incompatibility Buffer. The buffer shall be supplemented with a planted
berm, a solid landscape barrier, or combination thereof.
(d) No Existing Vegetative Buffer
If a buffer does not exist along the areas defined below, then an opaque native
buffer shall be installed complying with the standards of a Type 3 Incompatibility
Buffer. The buffer shall be supplemented with a berm, a solid landscape barrier, or
combination thereof to reach a height of eight feet in two years from the date of
installation. The BCC may require the buffer to be planted to simulate natural
conditions. This buffer shall be installed adjacent to:
i. All residential zoning districts; and
ii. Lots supporting existing or proposed residential uses in the AR Zoning District.
Unless otherwise determined by the BCC, a buffer shall not be required
adjacent to land in agricultural production in the AP or AR Zoning District if the
land is used solely for Bona Fide Agriculture purposes.
c) Hours of Operation
Excavation and hauling activity shall occur only between the hours of 6:00 a.m. and 7:00
p.m., Monday through Friday and 9:00 a.m. to 5:00 p.m. on Saturday, unless otherwise
determined by the BCC. Blasting activity shall be limited to 10:00 a.m. to 5:00 p.m., Monday
through Friday.
d) Notice of Intent to Construct
Compliance with Art. 4.B.10.B.6, Notice of Intent to Construct.
j. Extraction Fee for Impacts
To offset the impacts of mining, a natural resource extraction fee is to be provided yearly for this
mining operation from the operators of this mine or its successors. The basis for the extraction fee
is calculated at five cents per ton of material sold from the mine. The tonnage will be calculated at
the end of each calendar year with the information provided to ERM by January 31 of the
succeeding year with the payment of five cents per ton provided by February 15. The funds will be
used for environmental enhancement and compliance and monitoring activities which include, but
are not limited to: purchase land; restore land to a more natural state; and, enhance the flora and
fauna of already preserved natural areas. The natural resources extraction fee shall escalate
annually at the rate prescribed by F.S. § 373.41492(5) as amended. In the event the Legislature of
the State of Florida or the County imposes, by legislation, Ordinance, or other means, an extraction
fee, tax, or charge, then this natural resources extraction fee shall be reduced by the same amount.
Unified Land Development Code
Supplement No. 32 (Printed 08/24)
Article 4 – Use Regulations
Page 197
Section 11 Temporary Uses
A. Temporary Use Matrix
Table 4.B.11.A – Temporary Use Matrix
Standard Zoning Districts
Use Type
Planned Development Districts (PDDs) Traditional Development Districts (TDDs)
AG/CON Residential Commercial
C
M
R
IND INST
PUD MUPD PIPD M R TND TMD
Pods FLU Pods H V Tier
P A A AR R R R R C C C C C C URAO IRO I I I P I R C R C A C C C C C I E C I I C I P P
U/S
Exurban/
Rural
U E
AGR
C G P R U E T S M N L C H G R U U U U U FLU L L G O P E O E I G L H L H R N D M N N O N D D S X
R S S O O E C C C I I C C C C F S M C V R O O D C R S D M D R N O R N O R D P
A A 1 2 3 1 2 L L H H / T / / E C S E C S U E R
O O P L G S R S R R V E
E E A S
Supplementary Use
Standards #
C C L
Temporary Uses (2)
- - D D D - - - - D D D D D D D D D D D D D D D D D D D D
Communication Cell Sites on Wheels
(COWs)
1 - D D D - D D D D D D D D D D D D - - - - - - - - D D D -
- - - - - - - - - - - D - D P D D D D D D - D - - - - P P Day Camp 2 - D P P - - D - - P - - - P - D - - - - D - - D - D D D -
- - - - - - - - - D D D D D D D D D D D D D D D D D D D D Mobile Retail Sales 3 - D - D - D D D D D D D D D D D D - - - D - - D - D D - -
- - - D D D D D D - - - - - - - - - - - - - - - - - - - -
Real Estate Sales Model and Management
Office, Non-PDD
4 - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Real Estate Sales and Management Office,
PDD or TDD
5 D D D D - D D - - - - - - - - D - - D D D - D - - D D D -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - Real Estate Sales Model, PDD or TDD 6 D D D D - D D - - - - - - - - D - - D D D - D - - D D D -
- - - - - - - - - D D D D D D D D D D D D - D - D D D D D Recycling Drop-Off Bin 7 - D D D - D D D D D D D D D D D D - - - D - - D - D D D -
- - D D D - - - - D D D D D D D D D D D D D D D D D D D D Special Event 8 - D D D - D D D D D D D D D D D D - - - D - - D - D D D -
- D - - - - - - - D - D - D - D D D D D D D D D D D - D - Temporary Green Market 9 - D - D - D D D D D D D D - D D - - - - D - - D - D D D -
- D - - - - - - - D D D D D D D D D D D D - D - D D D D - Temporary Retail Sales 10 - D - - - D D D D D - - - - - D - - - - D - - D - D D D -
- - - - - - - - - - - - - D - - - - - - - - - - D D - - - Temporary Vehicle Sales 11 - - - - - - D - - - - - - - - - - - - - - - - - - - - - -
[Ord. 2017
-007] [Ord. 2017-025] [Ord. 2018-002] [Ord. 2021-023] [Ord. 2023-011]
Use Approval Process Key:
P Permitted by Right
D Subject to DRO approval A Subject to BCC approval (Class A Conditional Use)
B Subject to Zoning Commission approval (Class B Conditional Use) - Prohibited use, unless stated otherwise within Supplementary Use Standards
(1) Supplementary Use Standards for each use must be reviewed regardless of the approval process set forth in the Use Matrix. Refer to the numbers in the Supplementary Use Standards column.
(2) Uses may require a higher level of approval pursuant to Table 4.A.9.A, Thresholds for Projects Requiring DRO Approval, and Table 4.A.9.B, Thresholds for Projects Requiring Board of County Commissioners Approval, unless otherwise specified within the Supplementary Use Standards of the specific use. [Ord. 2021-023]
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B. General Standards and Application Requirements
1. Design Standards
a. All Temporary Uses, which includes all related activities, structures, vehicles, and equipment shall
not be located in a manner that distracts motor vehicle operators, or causes any vehicles to stop
or park in violation of the law or official traffic-control devices. [Ord. 2018-002]
b. All Temporary Uses and temporary structures shall not be located in the required setbacks, parking,
driveway aisles or loading areas, vehicular maneuvering areas, fire lanes, landscape buffers,
sidewalks, or ADA accessible routes, unless stated otherwise herein. [Ord. 2018-002]
2. Signage
All signage for Temporary Uses shall comply with Art. 8, Signage, unless otherwise stated herein.
3. Electric Service
All electrical use shall meet the requirements established by the PBC Chief Electrical Inspector and
PBC Fire Rescue Department, and the Applicant shall obtain a Building Permit for an electrical
connection or generator for temporary power, if applicable.
4. Palm Beach County Parks
Approvals for Temporary Uses located within Palm Beach County Parks shall be submitted to and
reviewed by the PBC Parks and Recreation Department.
5. Submittal Requirements
In addition to the requirements pursuant to Art. 2.C.5.D, Temporary Use, the following documentation
shall be provided by the Applicant: [Ord. 2018-002]
a. Consent
The Applicant shall obtain and submit as part of their application, consent from the Property
Owner(s) or a POA, of which has ownership or control over the property where the Temporary Use
will be located.
b. Liability and Insurance
The Applicant shall submit:
1) A proof of liability insurance listing the BCC as additionally insured and certificate holder. It
shall be paid in full covering the period for which the permit is issued, in the minimum amount
of 500,000 dollars per occurrence; and
2) A hold harmless affidavit, which holds PBC harmless for any liability connected with the
operation.
C. Definitions and Supplementary Use Standards for Specific Uses
1. Communication Cell Sites on Wheels (COWs)
a. Definition
A temporary facility utilized to ensure adequate telecommunications capacity during periods of high
usage or during periods when traditional modes of communication are unavailable. COWs consist
of a folding or telescoping monopole or guyed structure, with attached antenna, mounted on a
trailer or truck.
b. Zoning Districts
1) Non-Residential Districts
a) COWs Greater Than 50 Feet in Height
COWs greater than 50 feet in height located on parcels with non-residential zoning
designations shall be subject to the following:
(1) Setback
The structure shall meet the greater of the setback requirements of the applicable
zoning district or a distance equal to 110 percent of its height.
(2) Separation
The structure shall be separated a minimum of 300 percent of its height from any
residential structure on an adjacent parcel.
b) COWs 50 Feet in Height or Less
COWs 50 feet in height or less, located on parcels with non-residential zoning designations
are subject to the following:
(1) Setback
The structure shall meet the setback requirements of the applicable zoning district,
provided that a commercial power source (e.g., electric) is utilized, in lieu of petroleum-
based auxiliary power (e.g., generator).
(2) Separation
The structure shall be separated a minimum of 150 percent of its height from any
residential structure on an adjacent parcel.
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(3) Other
COWs not utilizing a commercial power source shall be subject to the setback
requirements of Art. 4.B.11.C.1.b.1)a), COWs Greater Than 50 Feet in Height.
2) Residential Districts
a) COWs Greater Than 50 Feet in Height
COWs greater than 50 feet in height located on parcels with residential zoning designations
shall be subject to the following:
(1) Setback
The structure shall meet a setback from the property lines equal to 150 percent of its
height.
(2) Separation
The structure shall be separated a minimum of 300 percent of its height from any
residential structure on an adjacent parcel.
b) COWs 50 Feet in Height or Less
COWs 50 feet in height or less, located on parcels with residential zoning designations are
subject to the following:
(1) Setback
The structure shall meet a setback from the property lines equal to 75 percent of its
height; provided that a commercial power source (e.g., electric) is utilized, in lieu of
petroleum-based auxiliary power (e.g., generator).
(2) Separation
The structure shall be separated a minimum of 150 percent of its height from any
residential structure on an adjacent parcel.
(3) Other
COWs not utilizing a commercial power source shall be subject to the setback
requirements of Art. 4.B.11.C.1.b.1)a), COWs Greater Than 50 Feet in Height, above.
c. Use Limitations
COWs shall be allowed only in association with recognized large-scale Special Events with a
minimum projected daily attendance of 30,000 or greater. The Zoning Director may consider
allowing COWs for events with projected attendance of less than 30,000 people. The Applicant
shall provide documentation that the existing communication facilities cannot accommodate the
increase in usage.
d. Fencing
The COW shall be enclosed by a temporary fence a minimum of six feet in height, or other barrier
approved by the Zoning Director.
e. Removal Bond and Agreement
The Applicant shall execute a removal agreement and post a 50,000.00-dollar removal bond,
subject to approval by the Zoning Director and County Attorney.
f. States of Emergency
The requirements of this Section may be waived by the PZB Executive Director in the case of a
declared State of Emergency, as provided by law.
2. Day Camp
a. Definition
An establishment which provides care, protection, and programmed activities for children five years
of age and older for a period of less than 24 hours per day.
b. Duration
Maximum 16 weeks per calendar year.
c. Operation
This use shall not operate as a Day Care as defined and regulated by the Department of Children
and Family Services.
d. Accessory Use
A Day Camp for 200 or fewer children may be Permitted by Right as an accessory use to a legally
established institutional, civic, recreational, or educational use.
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3. Mobile Retail Sales
a. Definition
General Retail Sales, including the sale of food, from a mobile vehicle or a portable trailer without
a fixed or permanent location. [Ord. 2020-020]
b. Exception
Transient sales vehicles that travel to several locations in one day, and spend less than two hours
in the same location, may be exempt from ZAR approval process and these requirements. [Ord.
2019-005]
c. Location
1) Sites must comply with parking space requirements outlined in Table 6.B.1.B, Minimum
Parking and Loading Requirements prior to applying for a Mobile Retail Sales. [Ord. 2018-002]
2) The first Mobile Retail Sales vendor approved on a site may occupy up to two of the required
parking spaces. Additional Mobile Retail Sales vendors may occupy on-site parking spaces
only when those spaces are in excess of Table 6.B.1.B, Minimum Parking and Loading
Requirements.
d. Setbacks
The use shall be set back a minimum of 200 feet from any property line of an existing residential
use, unless: [Ord. 2020-020]
1) a permanent building or structure blocks the view of the Mobile Retail Sales; or [Ord. 2020-
020]
2) a minimum 80-foot Local Commercial Street separates both uses. [Ord. 2020-020]
e. Number of Vendors
A maximum of three Mobile Retail Sale vendors per development, provided they comply with the
location above.
f. Operation
1) All operations, equipment, merchandise, and related activities shall be contained within the
mobile vehicle or portable trailer.
2) All mobile vehicles and portable trailers shall vacate the site by midnight, unless otherwise
stated within Art. 5.E.5, Hours of Operation, whichever is more restrictive.
g. Roadside Vendors
Applications for roadside vendors located within Palm Beach County R-O-Ws shall be submitted to
and reviewed by the PBC Traffic Division in accordance with Roadside Stands and Vendors,
Chapter 13, Article V of the PBC Code, as amended.
4. Real Estate Sales Model and Management Office, Non-PDD
a. Definition
A residential unit used for real estate marketing and sales as a builder’s office, and for other
services directly associated with the sale of residential units. [Ord. 2019-005]
b. Duration
The DO shall be valid for five years from the date of issuance and may be renewed for an additional
five years. [Ord. 2018-002]
c. Location
Shall be located on the property with access directly from a paved street. [Ord. 2019-005]
1) Exception
Sales Model or Office may be located off site for properties that are in Jupiter Farms, The
Acreage, or Palm Beach Country Estates. [Ord. 2019-005]
d. Parking
The driveway and required handicap spaces shall be the only paved parking areas.
e. Signage
Shall comply with Art. 8.D, Temporary Signs. [Ord. 2019-005]
f. Storage
Outdoor storage of construction material, supplies, or equipment shall not be permitted.
g. Number
A builder may construct and operate a maximum of two manned and two unmanned models in a
platted residential subdivision which is not in a PUD, or in one of the following residential areas:
1) Jupiter Farms.
2) The Acreage.
3) Palm Beach Country Estates.
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h. Operation
1) A builder’s office may be allowed provided it is limited to the garage area.
2) Unmanned models shall not have employee office space.
3) Sales shall be limited to new units built by the company operating the sales model.
i. Completion Agreement
All sales models, including those in existence prior to January 1, 1998, shall execute a completion
agreement in a manner and form acceptable to the County Attorney. The completion agreement
shall include any modification(s) necessary to convert the model to a residential use.
1) Existing Models
All sales models existing on January 1, 1998 shall file a completion agreement with PBC by
July 1, 1998. This agreement shall specifically identify all improvements, which are not
consistent with the provisions of this Section, such as but not limited to additional parking or
location on unpaved roads. At the time of executing the completion agreement, all signage
shall comply with the requirements of this Section.
j. Modifications
Non-residential interior modifications shall be prohibited. The following improvements may be
permitted only within the garage of the model:
1) Room divider partitions;
2) Electrical improvements; and,
3) A temporary façade in lieu of a garage door.
k. Removal
The temporary office shall be removed from the site no later than 30 days after the final CO has
been issued for the last residential unit. [Ord. 2019-005]
5. Real Estate Sales and Management Office, PDD or TDD
a. Definition
An office for the sale and resale of new and existing residential units. For RVPD, units shall mean
RV sites. [Ord. 2019-005]
b. Submittal Requirement
The Applicant shall submit a Regulating Plan showing the location of the Sales Office and required
parking. A notarized removal agreement shall be executed and submitted concurrently with the
application. [Ord. 2019-005]
c. Location
The Sales Office may be allowed in a Residential, Commercial, Private Civic, or Recreation Pod.
Sales of RV sites may be located within the Recreation Pod of the RVPD. A Sales Office shall
comply with the setback requirements in Table 3.D.1.A, Property Development Regulations, and
shall be located so as not to interfere with on-site construction operations and access. [Ord. 2014-
025] [Ord. 2019-005]
d. Access
Temporary access to the Sales and Management Office may be approved by the DRO, and shall
be limited to one year. Extension may be approved by the DRO. [Ord. 2019-005]
e. Parking
A minimum of two parking spaces, plus one for each employee on the shift of greatest employment,
shall be provided. All parking areas, with the exception of handicap spaces and access, shall be
provided on a hard surface of pavement, asphalt, shell rock, or mulch, provided the subgrade is
compacted. Handicap spaces and access shall be provided in accordance with Art. 6.B.1.C,
Parking Spaces for Persons Who Have Disabilities. [Ord. 2019-005] [Ord. 2020-020]
f. Signs
Refer to Art. 8.D, Temporary Signs. [Ord. 2019-005]
g. Removal
The temporary office shall be removed from the site no later than 30 days after the final CO has
been issued for the last residential unit. [Ord. 2008-037] [Ord. 2019-005]
1) RVPD
The Temporary Use shall be removed upon completion of the project, CO of a permanent RV
site Real Estate Sales Office, or upon expiration of the maximum time to commence
development for the last phase. The BCC may impose a Condition of Approval with a specific
date for compliance. [Ord. 2014-025] [Ord. 2019-005]
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h. Sale
1) Pod
A temporary Real Estate Sales Office for the sale of new units shall be permitted only in a
Residential Pod or other temporary location approved by the DRO. Sales shall be limited to
only new units in the pod. [Ord. 2019-005]
2) Project
A temporar
y Real Estate Sales Office for the sale and resale of units in the entire project, or
phase of a project, shall be permitted in a Residential Pod, Private Civic Pod, Commercial
Pod, or Recreation Pod, subject to approval by the DRO. A temporary Real Estate Sales Office
serving an entire project shall only be permitted within a planned development and/or phase
approved for 300 or more units. Sales and resales shall be limited to only units within the
planne
d development.
[Ord. 2019-005]
i. R
esale
Resale of existing units from a temporary Real Estate Sales Office shall cease when the remaining
number of units without a CO in the project, or phase, as applicable, reaches the following:
Table 4.B.11.C – Sales Office
Number of Units in a Project or Phase
Units Remaining without a CO
≥ 1,000
20
500-999
16
300-499
12
[Ord. 2019-005]
6. Real Estate Sales Model, PDD or TDD
a. Definition
A residential unit for the sale of only new units within a Residential Pod of a PDD or TDD. A Sales
Model may be used as a temporary Real Estates Sales and Management Office. [Ord. 2019-005]
b. Approval Process
Subdivision approval of the Sales Model lots by the Land Development Division shall be required
prior to the issuance of a Building Permit. The Land Development Division may approve the lots
prior to final platting. Sales Models shall comply with all applicable PDRs prior to the issuance of a
CO. [Ord. 2019-005]
c. Duration
The use of a residential unit as a sales model shall cease prior to issuance of the CO for the last
remaining unit in the pod.
d. Residential Pod
A maximum of eight, or 20 percent of the number of units in the pod, whichever is less, shall be
permitted as sales models. A maximum of eight sales models per pod may be constructed prior to
platting.
e. Model Row
Developments that are approved for a total of 300 or more units may construct a model row. A
model row shall be open to the public for the sale of only new units in the project. The sale or resale
of units outside the project shall be prohibited. [Ord. 2019-005]
1) Number
A maximum of 16 sales models shall be permitted in the model row. A maximum of one model
row shall be permitted for every three pods under development, consisting of a minimum of 60
units each.
2) Location
A model row shall be located in a Residential Pod. Access to the model row shall be from a
location approved by the DRO or allowed by this Code. [Ord. 2019-005]
f. Access
Temporary access to the Sales Model(s) may be permitted by the DRO, and shall be limited to one
year. Extension may be approved by the DRO. [Ord. 2019-005]
g. Signs
Refer to Art. 8.D, Temporary Signs. [Ord. 2019-005] [Ord. 2020-020]
h. Removal
The Sales Model shall cease no later than 30 days after the final CO has been issued for the last
remaining residential unit in the pod. [Ord. 2019-005]
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Page 204
7. Recycling Drop-Off Bin
a. Definition
A totally enclosed temporary structure or portable container within which the following pre-sorted,
recyclable materials are collected: glass, aluminum, steel, and plastic containers no greater than
six gallons in capacity, and paper.
b. Location
The drop-off bin shall be located in or adjacent to an on-site parking area, and shall not be located
within required parking spaces. In TMD districts and for IRO projects, the Recycling Drop-Off Bins
shall be designed to be consistent with the building's design and shall not be located on a Main
Street. [Ord. 2017-025]
c. Signage
Signage shall be required for all bins, as follows:
1) Location
a) One sign shall be located on the front or side where materials are collected.
b) No more than two signs shall be allowed.
2) Minimum/Maximum Size
A minimum of eight and a maximum of 16 square feet.
3) Content
All required sign content shall be in lettering a minimum of six inches in height. The name and
phone number of a responsible party shall be clearly posted. The name of the organization that
is collecting the recyclable materials shall also be posted and include whether for profit, not for
profit, or government entity. No additional content other than logos, clarification of materials to
be collected for recycling, or direction signage identifying the bin shall be allowed.
d. Storage
Recycling materials shall be contained within a leak-proof bin or trailer. There shall be no outdoor
storage of materials or refuse.
e. Number
The number of recycling bins shall be based upon the overall acreage of a development, including
outparcels, provided all development regulations are met on site. A minimum of one recycling bin
for each site up to a maximum of one recycling bin per acre, rounded down to the nearest whole
acre, may be allowed. No more than three bins shall be clustered or located within any one-acre
area unless collocated with loading, dumpster, or other similar areas.
f. Operation
1) The bin and adjacent area shall be maintained and free from litter, debris, and residue on a
daily basis. Failure to maintain the bin and adjacent area may result in the revocation of the
DO. [Ord. 2018-002]
2) No processing of deposited materials shall be allowed on site. Limited sorting or separation
may only be permitted when a bin is manned by a person during permitted collection hours.
The unit shall employ no mechanical sorting or processing equipment.
3) A recycling bin containing 40 cubic yards or more shall be monitored by a person. Manned
collection activities shall be limited to between 7:00 a.m. to 8:00 p.m. daily.
g. Prohibited Materials
Collection of materials shall be expressly limited to pre-sorted, recyclable materials identified in this
Supplementary Use Standard. Collection of any other materials, including but not limited to rubber,
textiles, hazardous wastes, or construction debris is prohibited.
h. Mobility
The mobility of a drop-off bin shall be maintained at all times.
8. Special Event
a. Definition
A temporary activity which may include rides, amusements, food, games, crafts, and performances.
b. Typical Special Events
Typical Special Events may include but are not limited to carnivals, circuses, temporary auctions,
rallies, and revivals.
c. Approval Process
The use shall be subject to ZAR if the event is projected to attract less than 1,000 patrons on a site
less than two acres. Project attendance shall be specified in the application. [Ord. 2018-002]
d. Duration
1) A Special Event shall not exceed 14 consecutive days.
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2) If the Applicant provides to the Zoning Division a Justification Statement explaining the need
for an extension, Zoning Staff shall determine whether the extension shall be granted up to 21
total consecutive days based on the following:
a) The types of activities warrant the additional time period; and
b) The time extension shall not cause an adverse impact or a nuisance to the adjacent
parcels.
3) A maximum of three events during any 12 consecutive calendar months per parcel. [Ord. 2018-
002]
e. Zoning District – Residential
Special Events that are prohibited in residential zoning districts may be allowed subject to a DRO
approval if the following standards are met: [Ord. 2018-002]
1) Shall be collocated with a Place of Worship;
2) Hours of operation shall be from 9:00 a.m. to 5:00 p.m.; and,
3) Special Events and religious services operating during the same time are required to provide
parking for both activities or comply with the off-site parking provisions in Art. 6, Parking,
Loading, and Circulation.
f. Location
Shall not front a street under construction.
1) U/S Tier
Primary access shall be from a paved Arterial or Collector Street.
2) All Other Tiers
a) In the Rural, Exurban, AGR, and Glades Tiers, primary access shall be from a paved street.
b) Back-out parking directly onto a public street shall be prohibited.
g. Setbacks
All buildings, trailers, temporary parking areas, tents, mechanical devices, rides, animals, and
related equipment and activities shall be set back as follows: [Ord. 2020-020]
1) A minimum of 50 feet from any adjacent streets.
2) A minimum of 200 feet is required from any property line with an existing residential use. [Ord.
2020-020]
h. Parking
The use shall be prohibited on vacant undeveloped parcels, unless parking is provided on a
stabilized surface with defined ingress/egress for vehicles to enter and exit the site in a forward
motion.
9. Temporary Green Market
a. Definition
A temporary gathering of vendors, primarily for the purpose of selling fresh unprocessed fruit,
vegetables, flowers, and consumable items such as coffee, bread, and prepared food.
b. Duration
Shall only be allowed on weekends and holidays, and up to six months per calendar year.
c. Lot Size
A minimum of one acre with the exception of lots located in the WCRAO where a minimum of one-
half of an acre is required.
d. Signage
Vendor signs shall not be visible from the right-of-way.
e. Operation
1) Tents exceeding 120 square feet shall be subject to a Building Permit review.
2) Motor vehicles utilized for the purpose of transporting vendor supplies and products may be
allowed on site, provided the vehicles are removed from the site within two hours after the
market closes each weekend.
3) Shall not utilize required parking spaces.
10. Temporary Retail Sales
a. Definition
General Retail Sales without a fixed or permanent location.
b. Typical Uses
Typical uses may include but are not limited to temporary sales of Christmas trees, pumpkins,
fireworks, plants, art, paintings, rugs, and furniture.
c. Duration
Shall not exceed 30 consecutive days and a maximum of four times per calendar year per parcel.
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d. Zoning District – AGR
Shall be limited to Christmas trees, plants, and pumpkins.
e. Location
Shall front an Arterial Street.
f. Number
A maximum of one temporary tent or structure shall be allowed per parcel.
g. Operation
All debris shall be completely removed from the site, and the property shall be returned to its original
condition, within 24 hours of the expiration of the DO or the removal of the activities associated with
Special Event. [Ord. 2018-002]
h. Special Provisions for Sparklers
Shall comply with the following additional requirements:
1) Zoning Districts
Shall be limited to CG and IL.
2) Seasonal Limitations
Shall only be allowed June 20 through July 5 and December 10 through January 2 of each
year.
3) Additional Application Requirements
The application shall include the following information: [Ord. 2018-002]
a) Fire Marshal Certification
The PBC Fire Marshall shall review and approve the location of the sale of the sparklers
and issue a certificate of registration.
b) Affidavit of Compliance
A signed and notarized affidavit of compliance with the Approved List of Sparklers
maintained by the State Fire Marshall. The affidavit shall be submitted affirming that only
products on the State Fire Marshall’s Approved List of Sparklers will be sold and that
violation of the affidavit may result in an injunction.
c) Documentation
Copies of State of Florida registration documents for any corporate or other business entity,
evidence of registering any fictitious name to be used, and driver’s licenses for the
Applicant’s authorized Agents.
i. Parking
Parking shall be provided on site, on a stabilized surface with defined ingress/egress. Vehicles
shall enter and leave the site in a forward motion.
11. Temporary Vehicle Sales
a. Definition
The temporary sale of new or used motor vehicles, including cars, trucks, and recreational vehicles.
b. Duration
1) Limited to five consecutive calendar days, not to exceed four times per calendar year.
2) Shall be prohibited during the months of November and December.
c. Lot Size
A minimum of ten acres.
d. Setbacks
The event area shall be set back a minimum of 50 feet from all buildings.
e. Parking
1) A maximum of 50 required on-site parking spaces may be utilized, and no related activities
shall extend beyond the designated area.
2) Accessible parking spaces shall not be occupied by activities related to the use.
f. Accessory Sales
Up to three Mobile Retail Sales vendors limited to sales of food and beverage may be allowed as
an accessory use to Temporary Vehicle Sales, subject to the Mobile Retail Sales Supplementary
Use Standards.
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Article 4 – Use Regulations
Page 207
Amendment History:
[Ord. 2017-007; March 2, 2017] [Ord. 2017-009; March 2, 2017] [Ord. 2017-016; April 27, 2017] [Ord. 2017-025;
August 28, 2017] [Ord. 2017-028; September 28, 2017] [Ord. 2017-029; September 28, 2017] [Ord. 2017-032;
October 31, 2017] [Ord. 2017-042; December 5, 2017] [Ord. 2018-002; February 1, 2018] [Ord. 2018-018; August
29, 2018] [Ord. 2019-005; January 29, 2019] [Ord. 2019-023; July 2, 2019] [Ord. 2019-034; August 27, 2019] [Ord.
2019-039; December 5, 2019] [Ord. 2020-001; January 28, 2020] [Ord. 2020-007; June 10, 2020] [Ord. 2020-016;
August 3, 2020] [Ord. 2020-020; September 3, 2020] [Ord. 2021-004; January 29, 2021] [Ord. 2021-006; March 2,
2021] [Ord. 2021-022; September 3, 2021] [Ord. 2021-023; September 3, 2021] [Ord. 2021-027; November 4, 2021]
[Ord. 2021-039; December 22, 2021] [Ord. 2022-001; February 4, 2022] [Ord. 2022-002; February 4, 2022] [Ord.
2022-019; July 29, 2022] [Ord. 2023-009; February, 28, 2023] [Ord. 2023-011; March, 23, 2023] [Ord. 2023-012;
March, 23, 2023] [Ord. 2023-023; June 23, 2023] [Ord. 2024-004; July 1, 2024]