§ 33-284.83. Uses.

No land, body of water, or structure shall be used or permitted to be used, and no structure shall be hereafter erected, constructed, reconstructed, moved, structurally altered, or maintained for any purpose in the Urban Center (UC) or Urban Area (UA) Districts, except as provided in this article. The uses delineated herein shall be permitted only in compliance with the Regulating Plans and standards provided in this article. The following regulations outline permitted uses in the R (Residential), RM (Residential Modified), MC (Mixed-Use Corridor), MM (Mixed-Use Main Street), MO (Mixed-Use Optional), MCS (Mixed-Use Special), MCI (Mixed-Use Industrial), ID (Industrial District) and I (Institutional) Land Use Areas.

A.

Land Uses in General.

1.

Outdoor uses/enclosed uses. All uses shall be conducted within completely enclosed buildings, except outdoor uses expressly permitted in this article. Materials and products shall be stored within an enclosed building or within an area completely enclosed within walls having a life expectancy of twenty (20) years or more from the date of installation. Storage shall not be visible above the height of the walls. Commercial vehicles shall be stored or parked within an enclosed building or an area enclosed by a fence, wall, or hedge, and out of the view from adjacent properties.

2.

Density Calculation.

a.

Density averaging shall be permitted when a unified development is located on one or more parcels, with different land uses or Sub-district designations, under the same ownership.

b.

A single accessory dwelling unit permitted with a single-family residence shall not count towards the minimum required and maximum permitted density thresholds.

c.

Minimum required and maximum permitted density shall be calculated based on net lot area. For purposes of this article, net lot area shall include dedicated road rights-of-way, which means the area between the existing or proposed lot right-of-way line and the street centerline.

3.

Work-force Housing. Unless otherwise specified in the District regulations, all residential or mixed-use developments that: (a) are located within the Core or Center Sub-districts of an urban center district adopted by the Board or County Commissioners after July 10, 2007, and (b) have more than four (4) residential units, shall provide a minimum of twelve and a half (12.5) percent of their units as Work-force Housing Units.

4.

Mixed Use. The vertical or horizontal integration of residential, business and office, and institutional uses shall be permitted as provided herein. Vertical integration allows any combination of primary uses, with business uses typically located on the ground floor and office and/or residential uses on the upper floors. Horizontal integration allows any combination of parcels with different primary uses within the same block.

5.

Temporary Uses. Temporary uses including seasonal tent sales; stands for the sale of flowers, fruit and similar uses; and festivals and farmers' markets are permitted in the MC, MO, MM, MCS, MCI, ID and I categories, subject to the following conditions:

a.

Except for the following, no temporary use shall be permitted for more than fourteen (14) consecutive days and the time between temporary activities shall be at least three times as long as the duration of the last event.

i.

A temporary use for the sale of holiday related items such as holiday trees, fireworks, and similar items shall be permitted for thirty (30) consecutive days leading up to the holiday date.

ii.

A temporary use that occurs on two (2) or less consecutive days shall be permitted weekly.

b.

When applicable, a Zoning Improvement Permit (ZIP) and Certificate of Use shall be obtained. A site plan shall be submitted with the ZIP application indicating, at a minimum;

i.

Location of temporary activities and structures, which shall not be subject to the Building Placement Standards set forth in Section 33-284.85 of this article;

ii.

Anticipated number of patrons;

iii.

Location of parking facilities;

iv.

Temporary street closures;

v.

Hours of operation;

vi.

Location and description of lighting and amplification devices.

c.

Outdoor festivals and farmers' markets shall be restricted to daylight hours unless written waivers of objection for the specific use and hours of operation are obtained from all property owners within five hundred (500) feet. The Director may reduce or expand the notification requirement based on potential visual, noise or traffic impacts to adjacent properties.

d.

A carnival or circus, that involves an amusement ride, acrobatic apparatus, or trained animal, shall only be permitted if approved upon public hearing.

6.

Unusual and New Uses. Except as expressly permitted in this article, unusual and new uses, as outlined in Section 33-13 of this chapter, shall only be permitted if approved upon public hearing.

B.

Land Use Groups. The uses listed following each group in this section shall be permitted in the land use categories shown in Table (C) subject to the provisions noted for each land use category. Uses provided in Table (C) below not listed in this subsection shall be permitted subject to the provisions noted for each land use area. The Director shall have the authority to determine that a use not specifically enumerated below may nevertheless be permitted in a land use category because it is similar to an enumerated use.

1.

Accommodation Uses: Facilities that provide short-term lodging including hotels, motels, rooming houses, bed and breakfasts, and similar uses.

2.

Automotive Uses: Establishments specializing in the service or repair of automobiles; automobile tire sales and replacement; automobile parts sales and installation; sales of new and used automobiles; and gas stations or other form of stations used for the powering/charging of automobile vehicles.

3.

Child Care Facilities: Child care facilities shall be those defined in Article XA of this chapter and shall be subject to the requirements therein, as applicable; except that child care facilities shall provide recreation areas in accordance with Section 33-284.86(D)(2) of this article. Where conflicts exist, the provisions of this article shall apply.

4.

Civic Uses: Uses that are accessible to the public and serves the religious, recreational, educational, cultural and/or governmental needs of the community. Civic uses include, but are not limited to: convention halls or meeting halls; private clubs; libraries; schools; police stations; fire stations; post offices; clubhouses; religious buildings; museums; athletic facilities; auditoriums theaters, movie theaters, and other visual and performance arts buildings; and governmental facilities. The architecture of a civic use building shall reflect its civic nature. The sale of alcohol, if provided, shall be ancillary to the primary civic use and shall comply with Article X of this Chapter.

5.

Private Colleges/Universities: Facilities that serve the educational needs of the adult population. This group shall include universities; colleges; commuter colleges; trade schools; and similar uses.

6.

Commercial Parking Garage: Structures that provide parking as the primary on-site use. These facilities offer short-term parking of vehicles and may charge a fee for such use. This group includes: shared parking facilities; shuttle parking facilities; and transit park-and-ride facilities. This group shall not include parking facilities that are ancillary to another on-site use.

7.

Health Care Services: A facility that provides out-patient health care services to the local community. These facilities shall include: clinics; doctor's office; dentist's offices; federally qualified health centers; urgent care facilities; diagnostic centers including sleep centers; and similar uses. These facilities shall not provide in-patient care.

8.

Drive-Through Facilities: Drive-through facilities associated with a retail use, personal service establishment or restaurant.

9.

Entertainment Use: Uses in this group shall include: nightclubs; arcades; movie theaters; performance theaters; radio, movie and/or television studios; billiard halls; skating rinks; bingo halls; piano bars; adult entertainment uses (as defined in Section 33-259.1 of this chapter); bowling alleys; and similar uses. The sale of alcohol, if provided, shall be ancillary to the primary entertainment use and shall comply with Article X of this chapter.

10.

Food/Beverage Establishments: This group shall include: full service restaurants; fast food restaurants; bars and pubs; and similar uses. The sale of alcohol, if provided, shall comply with Article X of this chapter, except that full-service restaurants serving alcoholic beverages shall be exempt from Sections 33-150(A) and 33-150(B) of this chapter.

11.

General Retail/Personal Service Establishments: Establishments that provide goods and services geared toward an individual consumer. This group shall include businesses such as: banks; beauty parlors; adult day care; bakeries; bookstores; apparel stores; grocery stores; pharmacies; tailor shops; health clubs; gift shops; indoor pet care centers/boarding and indoor kennels (soundproofed and air-conditioned building required); vehicle retail showrooms; and similar uses. This group shall also include schools offering instruction in dance, music, martial arts and similar activities, but this group shall not include colleges/universities. Except as otherwise authorized in this article, uses enumerated in the BU-3 zoning district shall only be permitted in the MCS and MCI categories and shall be subject to the public hearing and spacing requirements set forth in Section 33-255 of this chapter. Dispensing facilities for low-THC or medical cannabis, in accordance with the requirements of article IXA of this chapter, shall also be allowed in areas designated MC, MCS, MCI, and ID.

12.

Group Residential Home: A dwelling unit licensed by the State of Florida Department of Children and Families that serves resident clients and provides a living environment for unrelated residents who operate as a functional equivalent of a family. Uses in this group shall include: nursing homes, assisted living facilities; congregate living facilities; foster care facilities; community residential homes; group homes; and other similar uses. Services that support the daily operation of group homes are permitted and shall include dining facilities, doctor's offices, nurse's offices, staff offices, recreation rooms, and similar facilities and services.

13.

Industrial Uses: The Industrial Use group shall include uses permitted in Section 33-259 of this chapter, unless specifically prohibited by this chapter. Residential spacing requirements shall not be required for uses in this group.

14.

Live/work Units: An individual residential unit integrated with a general retail/personal service establishment, professional business office, or workshop.

15.

Professional Business Offices: Facilities used primarily for the business of professionals with only limited transactions occurring on-site. This group shall include offices for: accountants; architects; appraisers; attorneys; consulates; financial firms; insurance adjusters; realtors; medical offices and other uses found by the Director to be similar.

16.

Residential Uses: Single-family detached homes, urban villas, courtyard houses, sideyard houses, duplexes, rowhouses, apartments (including student housing), and other similar uses. Home offices as provided in Section 33-25.1 of this chapter shall be permitted.

17.

Workshop: an enclosed workplace on the ground floor area of a building used as an office or for the manufacturing of artifacts and crafts utilizing only hand held and/or table mounted electrical tools.

C.

Table of Permitted Uses. Unless the regulations for a specific urban center district provide otherwise, the Land Use Groups in paragraph (B) of this section shall be permitted in the R (Residential), RM (Residential Modified), MC (Mixed-Use Corridor), MM (Mixed-Use Main Street), MO (Mixed-Use Optional), MCS (Mixed-Use Special), MCI (Mixed-Use Industrial), ID (Industrial District) and I (Institutional) land use categories in accordance with the following table:

LAND USE GROUP	LAND USE CATEGORY
	R [3][4]	RM [3][4]	MC [1][3]	MM [1][3]	MO [1][3]	MCS [1][3]	MCI [1][3]	ID	I
Residential Uses:
Single-Family:	P	P
Duplex:	P	P
Multi-Family Apartments:	P	P	P	P	P	P	P	P [2][5]
Live/Work Units:							P	P
Civic Uses:	P	P	P	P	P	P	P	P	P
Religious Facilities:	P	P	P	P	P	P	P	P	P
Schools (K—12):	P	P	P	P	P	P	P	P	P
Hospitals:			SE	SE	SE	SE	SE		SE
Group Residential Home:	P	P	P	P	P	P	P
Health Care Services:	SE	SE	P	P	P	P	P	P
General Retail/Personal Service Establishments:			P	P	P	P	P	P
Liquor Package Stores:			P	P	P	P	P
Automotive Uses:						P	P	P
Gas/Service Stations:			P			P	P	P
Professional Business Offices:			P	P	P	P	P	P
Industrial Uses:							P	P
Colleges and Universities:			P	P	P	P	P		P
Entertainment Uses:			P	P	P	P	P	P
Accommodation Uses:		P	P	P	P	P	P	P
Child Care Facilities:	P	P	P	P	P	P	P		P
Food/Beverage Establishments:			P	P	P	P	P	P
Drive-Through Facilities:			P	P	P	P	P	P
Commercial Parking Garage:			P	P	P	P	P

 

P:

Permitted Use, although specific uses may require approval as special exception

SE:

Special Exception - only permitted if approved upon public hearing

[ ^# ]

Footnote (as provided below)

Footnotes:

1.

The vertical integration of uses shall be required in the MM category and shall be encouraged in the MC, MO, MCS, and MCI categories. When residential uses are provided in the MM category, uses other than residential shall be required on the first floor. Self-service mini-warehouse storage facilities located in the MCS and MCI categories shall only be permitted upon approval at public hearing and when vertically integrated with, screened by, or located to the rear of habitable space, as defined in Section 33-284.82, and shall only be established in accordance with the conditions set forth in Section 33-255. In addition, no such facility shall be located less than 2,500 feet from any other such facility, measured by following a straight line from the nearest portion of the structure of the proposed use to the nearest portion of the structure of the existing use. The aforementioned requirements shall also apply to self-service mini-warehouse storage facilities located in the Downtown Kendall Urban Center District (Article XXXIII(I)) and the Palmer Lake Metropolitan Urban Center District (Article XXXIII(T)).

2.

Residential uses shall be permitted in noted categories, either alone or when vertically integrated with other lawful uses; except that developments with more than fifty (50) residential units shall provide a minimum of ten (10) square feet of retail space for each residential unit.

3.

Accessory structures shall be permitted as ancillary to the noted uses.

4.

For single-family homes in the R and RM categories, an accessory building may be used as a dwelling unit only if: (a) it contains a maximum of six hundred (600) square feet of habitable space; and (b) it is maintained under the same ownership as the single family home.

5.

The following limited residential uses shall be permitted in the ID category when fronting an "A" Street and when buffered from an industrial use by a street, a service road, or a live-work unit:

a.

In the Edge Sub-district, the residential uses permitted in the R category at a minimum density of six (6) dwelling units per net acre and a maximum density of eighteen (18) dwelling units per net acre.

b.

In the Center Sub-district, the residential uses permitted in the RM category at a minimum density of twelve (12) dwelling units per net acre and a maximum density of thirty-six (36) units per net acre.

6.

In the R category, group residential homes shall meet the requirements outlined in Section 33-199(10) of this chapter. In the RM, MC, MM, MO, MCS, and MCI categories, group residential homes shall meet the following requirements:

a.

Three (3) occupants shall be deemed to be one (1) dwelling unit, and the maximum number of dwelling units allowed shall be equal to the permitted residential density.

b.

The proposed group residential home shall not be located within a radius of one thousand two hundred (1,200) feet of another existing, unabandoned, legally established group residential home. The 1,200-foot distance requirement shall be measured by following a straight line from the nearest portion of the structure of the proposed use to the nearest portion of the structure of the existing use.

7.

Schools shall be subject to the requirements of Article XA or XI of this chapter, as applicable; except that non-public educational facilities shall provide recreation areas in accordance with Section 33-284.86(D)(2) of this article. Where conflicts exist, the provisions of this article shall apply.

8.

General retail and personal service establishment shall be limited to forty thousand (40,000) square feet of ground floor area; a greater ground floor area for such uses shall only be permitted if approved as a special exception.

a.

Indoor pet kennels shall be permitted subject to the following conditions: (i) all kennel buildings shall be soundproofed and air-conditioned; (ii) where outside exercise runs are provided, a landscaped buffer or decorative masonry wall shall enclose the runs, and use of the runs shall be restricted to use during daylight hours; (iii) where outside exercise runs are not provided, an outside area shall be designated for dogs (or cats) to relieve themselves, and that area shall be enclosed by a landscape buffer or masonry wall; (iv) an administrative site plan review (ASPR) shall be required, and the site plan shall show all fencing, berms, and soundproofing designed to mitigate the noise impact of the kennel on the surrounding properties.

b.

Vehicle Retail Showrooms shall only be permitted in accordance with the conditions set forth in Section 33-253(9.5) of this chapter.

c.

The following uses shall only be permitted if approved as special exceptions: on-site storage of vehicles; and outdoor pet kennels subject to the conditions set forth in Section 33-255(9.1) of this chapter, except that ASPR shall not be required if a site plan is approved upon public hearing.

9.

Drive-through facilities shall be permitted in all Sub-districts, provided that such facilities are concealed from streets by buildings or walls. Said walls shall be six (6) feet in height (except that in the ID category, walls shall be eight (8) feet in height) and shall be placed at the build-to line.

10.

Gas/Service stations shall:

a.

Be permitted, subject to the Building Placement Standards set forth in section 33-284.85: in the MCS category in all Sub-districts; in the MCI and Industrial (ID) categories in the Center and Edge Sub-districts; and in the MC category, subject to the requirements set forth in footnote 19; and

b.

Be exempt from the minimum height requirements.

11.

Liquor package stores shall be permitted only in the Core and Center Sub-district and only in compliance with Article X of this chapter and all other applicable regulations of this Code.

12.

In the RM category, accommodation uses shall be permitted only in conjunction with an owner-occupied residence; the total number of units shall not exceed the density permitted by the land use designation. In the MM, MC, MO, MCS, MCI, and ID categories, hotel/motel uses shall not exceed seventy-five (75) units per net acre or the maximum density permitted by the land use category, whichever is greater. For all density calculations required by this subsection, one hotel room shall equal one dwelling unit.

13.

Outdoor table service and outside walk-up window service in conjunction with restaurants and coffee houses may be provided subject to the following requirements:

a.

The restaurant furniture located on the sidewalk shall maintain a minimum five (5) foot wide obstacle-free corridor for pedestrian circulation along the sidewalk.

b.

Alcoholic beverages may be served outdoors only where such service is strictly incidental to the service of food.

14.

Commercial parking garages shall meet the requirements of Section 33-284.86(F)(6) of this article.

15.

In the R and RM categories, child care uses shall be subject to the requirements for such uses in the RU-1 District, as set forth in Section 33-199 of this chapter, except that the total number of children may exceed five (5) if approved as a special exception.

16.

Adult entertainment uses, as defined in Section 33-259.1 of this chapter, shall be prohibited in all land use categories except MCI and ID. In the MCI and ID categories, such adult entertainment uses shall only be permitted if approved as special exceptions.

17.

Only the following uses shall be permitted in connection with a residence in a live-work unit in the MCI and ID land use categories:

a.

Antique shops.

b.

Art goods stores, artist studios, galleries.

c.

Artisanal use.

d.

Bait and tackle shops.

e.

Bakeries.

f.

Cabinet shops.

g.

Dance studios.

h.

Dry cleaning and dyeing establishments.

i.

Engines, sales and service.

j.

Glass installation.

k.

Health and exercise clubs.

l.

Interior design shops.

m.

Leather goods manufacturing, excluding tanning.

n.

Locksmith shops, sharpening and grinding shops.

o.

Mail order office, including storage of products.

p.

Office uses.

q.

Photography labs.

r.

Pottery shops.

s.

Printing shops.

t.

Restaurants, excluding drive-through service.

u.

Secondhand stores.

v.

Shoe stores and shoe repair shops.

w.

Upholstery and furniture shops.

x.

Wholesale salesrooms.

y.

Other similar uses as determined by the Director.

18.

In the Residential (R) area, multi-family apartments are permitted provided that all of the following requirements are met:

a.

Developments abutting single-family, rowhouse, or duplex structures or lots shall provide a buffer from proposed multi-family buildings with single-family, rowhouse, or duplex units; and

b.

The overall density does not exceed that allowed on the density regulating plan; and

c.

The building height conforms with the building heights regulating plan; and

d.

The multi-family buildings conform with the Rowhouse/Multi-family building placement standard; and

e.

Curbs and gutters are provided along all streets.

19.

Gas/Service Station in the MC Category shall:

a.

Be located no closer than within 0.5 miles of the center point of an Urban Center as designated on the CDMP Land Use Plan Map;

b.

Have a maximum lot size of 1.25 acres;

c.

Have a maximum of 6 gas pump islands (equivalent to a total of 12 fueling positions);

d.

Have a maximum size of principal structure, including fresh food area, of 3,500 square feet;

e.

Have a minimum of 15 percent of the principal structure consist of a fresh food area, meaning an area for the sale and service of perishable food, such as coffee, fruit, salad, sandwiches, or pizza; and

f.

Have a continuous, pedestrian-friendly walkway in front of the principal structure and along all roadways and driveways, established by decorative concrete, landscape elements, or similar, integrated landscape and hardscape elements that define and shape the pedestrian area.

(Ord. No. 05-143, § 3, 7-7-05; Ord. No. 07-93, § 2, 7-10-07; Ord. No. 08-102, § 1, 9-2-08; Ord. No. 12-86, § 2, 10-2-12; Ord. No. 13-82, § 3, 9-17-13; Ord. No. 16-67, § 5, 7-6-16; Ord. No. 17-46, § 1, 7-6-17; Ord. No. 18-02, § 1, 1-23-18; Ord. No. 18-136, § 5, 11-8-18)