PBC Unified Land Development Code (ULDC)


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APPENDIX A – ARTICLE 4, USE REGULATIONS
USER GUIDE AND GENERAL PROVISIONS

TABLE OF CONTENTS

 

CHAPTER A           GENERAL OVERVIEW

Section 1                Introduction                                                                          

Section 2                General Organization of Art. 4, Use Regulations                    

CHAPTER B           INSTRUCTIONS FOR RESEARCHING A PROPOSED USE

Section 1                Identify the Site Location, Zoning District and FLU Designation           

 

Section 2                Identify the Overlay of the Site                                                               

 

Section 3                Zoning District Consistency with FLU Designation                                     

 

Section 4                Determine the Proposed Use                                                                    

 

Section 5                Determine the Approval Process                                                              

 

Section 6                Determine General and Supplemental Use Standards                                  

 

Section 7                Determine the Applicable Development Thresholds                                     

 

Section 8                Other Factors that May Affect the Approval Process                             

CHAPTER A                 GENERAL OVERVIEW

Section 1         Introduction

As established by Art. 4.A.1, the Zoning Director shall maintain and publish a User Guide to assist the public with applicability of Art. 4, Use Regulations, which includes determining the appropriate use type that is allowed in each Zoning District, identify all applicable standards related to the use, and Thresholds that may trigger additional levels of approvals, such as, DRO or Public Hearing.

 

The information provided in this User Guide will offer general steps to follow when trying to identify the use classification and approval process for a site in a specific zoning district as follows:

 

Section

Tool

Objective

B.1.

GeoNav

·   Identify the site location and zoning district

·   Identify the Future Land Use (FLU) designation of the site

B.2.

ezInfo

 

·   Identify if the site is located in an Overlay

B.3.

ULDC Art. 3.A.3, Zoning District Consistency with the Future Land Use Atlas (FLUA)

 

·   Check that the zoning district is consistent with the FLU designation

B.4.

 

·   Determine the proposed use function

B.5.

ULDC Art. 4, Use Regulations

 

·   Determine the approval process for the proposed use

·   Check the Use Matrix footnote to determine the “Use approval process key”.

B.6.

·   Determine if there are General Standards applicable to all uses in the classification and Supplementary Standards specific to the use.

B.7.

·   Determine if there are applicable thresholds specific to the use.

B.8.

 

·   Identify additional factors to be considered when determining uses approval process

 

Section 2         General Organization of Art. 4, Use Regulations

      A.   Uses are grouped in Art. 4, Use Regulations, by classifications as follows:

1.   Residential;

2.   Commercial;

3.   Recreation;

4.   Institutional, Public and Civic;

5.   Industrial;

6.   Agricultural;

7.   Utilities;

8.   Transportation;

9.   Commercial Communication Towers;

10.  Excavation; and,

11.  Temporary.

 

      B.   Each use classification includes the following:

1.   Use Matrix

The Use Matrix consolidates use approvals in standard zoning districts, Planned Development Districts (PDDs), Traditional Development Districts (TDDs), and two Overlays; Urban Redevelopment Area Overlay (URAO) and Infill Redevelopment Overlay (IRO).  Each Matrix identifies uses in alphabetical order, zoning districts, and approval processes.  The number in the "Supplementary Use Standard" column of the Use Matrix refers to the definition and Supplementary Use Standards applicable to each use.

2.   General Standards

This portion includes requirements that are applicable to all uses under the specific Use Classification.

3.   Definitions and Supplementary Use Standards

Each use includes a definition and multiple Supplementary Use Standards organized to be consistent with the order in which site plans are typically reviewed. Example of standards include: Approval Process, Tier, Overlay, Future Land Use (FLU) Designation, Zoning District, and Lot Size.


 

CHAPTER B                 INSTRUCTIONS FOR RESEARCHING A PROPOSED USE

 

Index of Interactive URL to be used with this User Guide

A.    PZB Zoning Web page:

            http://discover.pbcgov.org/pzb/zoning/Pages/default.aspx

B.    MyGeoNav map system:

            http://maps.co.palm-beach.fl.us/cwgis/mygeonav.html

C.    PZB ezInfo page:

http://www.pbcgov.com/epzbcommon/asp_html/epzbMenu.aspx?ReferrerID=ezinfo&FROM=EZ

 

Section 1  Identify the Site Location, Zoning District and Future Land Use (FLU) Designation

Identify the site location and current zoning district for the specific site by following these simple steps:

      A.   Begin by accessing MyGeoNav online navigation map at http://maps.co.palm-beach.fl.us/cwgis/mygeonav.html

 

      B.   Add GIS layers by clicking on  and see the drop down menu with default layers.  Check  Zoning and Future Land Use layers:

 

      C.   Locate the site by entering the address

 

 

 

Text Box: Using the Daycare example listed above: The research above indicates that the Site has a current Zoning District of RS (Residential Single) and a FLU of LR-3 D.   User will be able to locate the existing Zoning District and click on the Future Land Use (FLU) for the current Site Zoning District and FLU.

 

 

Section 2         Identify the Overlay of the Site

Overlay provisions contained in Art. 3 of the ULDC, prevail over other regulations in the Code.  Checking the Overlay will provide additional information related to approval process, specific use regulations, site design requirements or additional requirements only applicable in parcels located in the Overlay.  

To identify the Overlay, login to the ezInfo database, which can be accessed through the Zoning Web site at http://discover.pbcgov.org/pzb/zoning/Pages/default.aspx.

      A.   Using the PZB Website ezInfo; click on link.

      B.   Enter the site information into the “Property Information” screen as indicated below.


 

      C.   From the results screen as below, click on tab labeled “LAND USE”

       

      D.   Take note of the Zoning District, FLU and Overlay assigned to the Site.

Text Box: Daycare example: The Zoning Database above indicates that the Site has no Overlay District; Zoning District is Single Family Residential (RS); and FLU is Low Residential 3 (LR-3).


 

Section 3         Zoning District Consistency with FLU Designation

Ensure the Zoning District of the property is consistent with the FLU designation.  Article 3.A.3, Zoning District Consistency with the Future Land Use Atlas (FLUA) indicates such consistency.  That article includes tables for Standard zoning districts, Planned Development Districts (PDDs) and Traditional Development Districts (TDDs), that help identify consistency with FLU designations; Exceptions and limitations applicable to specific zoning districts; and, exceptions for prior approvals.

 

 

If the zoning district is not consistent with the FLU designation, a rezoning will be required.  Ensure the

Text Box: Daycare example: RS Zoning District is consistent with the LR-3 FLU designation. zoning district to which the site will be rezoned still allows the use of your interest.

 

Section 4         Determine the Proposed Use

The user shall determine the proposed use for the subject site based on the following definitions that describe the use functionality:

A.   Principal

As defined in Art. 1, 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 within the use matrices in Art. 4 Use Regulations, may be considered a principal use.  A site may have more than one principal use.

B.   Collocated

As defined in Art.1, a Collocated use is referred to as “two or more uses classified with the definition of a use listed in Article 4.B.”  Some principal uses that are not normally allowed within a Zoning District, as noted in the Use Matrices, may be allowed as a collocated use if, expressly stated under the Supplementary Use Standards.  All collocated uses are required to comply with all of the Supplemental Use Standards applicable to the use.

C.   Accessory

As defined by Art. 1, “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 Temporary Structures.

D.   Flex Space

Flex space is only allowed when approved in accordance with Art. 5.B.1.C, Flex Space.

1.   Limited office or retail opportunities are provided in industrial zoning districts where otherwise prohibited, or

2.   Limited type of industrial uses are allowed in commercial zoning districts consistent with the CH FLU designation.

Text Box: Daycare example: The Proposed Use for the Site is a Daycare; therefore, the proposed Daycare will be considered Principal Use. B,C & D above do not apply by definition. All principal uses are listed in the table of content of Art. 4 by Use Classification. Daycare is listed under the Institutional, Public and Civic Use Classification, therefore approval process and Supplementary Use Standards will be under that use classification.

 

 


Section 5         Determine the Approval Process

The following steps will assist you in determining the approval process for the proposed use:

      A.   Refer to the index on the first few pages of ULDC Article 4, Use Regulation to identify what classification includes the use in question.

 

The Interactive ULDC Article 4 can be accessed by visiting

http://www.pbcgov.com/epzbcommon/asp_html/epzbMenu.aspx?ReferrerID=ezinfo&FROM=EZ&TargetMenuItem=ULDC+Interactive+Code where all ULDC articles are available in pdf.

 

 

 

 

 

 

 

All articles are also available in pdf at http://discover.pbcgov.org/pzb/zoning/ULDC/Articles.aspx.

 

      B.   Keep in mind the corresponding page number for the Use Matrix and the page number for the specific Supplementary Use Standards. 

 

 

 

 

 

 

 

 


      C.   The Use Matrix consolidates standard zoning districts, Planned Development Districts (PDDs), and Traditional Development Districts (TDDs).  It also includes approvals for uses in the Urban Redevelopment Area (URA) Overlay and Infill Redevelopment Area (IRO) Overlay.

     

      D.   Refer to the Institutional, Public and Civic Use Matrix and locate the row where the use is listed to determine approval processes applicable to the use in the different zoning districts. 

 

Text Box: Daycare example: It will be necessary to determine if the Daycare is Limited or General. The difference is determined in the use definition or under Supplementary Use Standards. In this case, they differ in the number or children or adults, therefore the approval process also differs. E.   Once the use is identified in the Use Matrix, look for the approval process applicable to the zoning district (determined in Sections 1 and 2) of the intended site to locate the use.

 

Text Box: Daycare example: A General Daycare is allowed in the RS Zoning District subject to Class A Conditional Use approval. F.   Check the Process Key at the bottom of each Use Matrix to find out the meaning of each approval process letter.

 

 

 

 

      G.   There are various processes to obtaining approval for specific Uses that are identified by the letters (P,S,D,B,A) or dash (-) under each zoning district. An expanded definition for each approval process can be found in the ULDC Article 4.A.7.C

 

The Use Matrix shows the most restrictive approval process; some uses may be shown as prohibited but the Supplementary Use Standards may allow the use limited to specific provisions or thresholds. -

 

      H.   Zoning applications for use approval as noted in the Use Matrices, can be as follows:

·         Public Hearings - Conditional Uses A and B

·         Administrative Approval - DRO (D) and Special Permit (S)

 

      I.    Prohibited uses (indicated with a dash) are not allowed in the Zoning District unless the Supplementary Use Standard indicates an approval process based on specific thresholds or design standards.

 

 

      J.   Uses noted in the Use Matrix as Permitted by Right (P) are subject to Building Permit, Business Tax Receipt (BTR) or similar process.

 

In some cases, the Supplementary Use Standard indicates a lower level of approval is permitted when the use is subject to specific requirements, such as but not limited to, lot size or building square footage.

 

 

 

Section 6         Determine General and Supplementary Use Standards

Text Box: ATTENTION General Standards at the beginning of the use classification are applicable to all uses in the classification. A.   General Standards

These standards are in addition to the specific ones listed under each use.

 

B.   Supplementary Use Standards

 

The uses identified in the Matrices may have additional standards that must be satisfied in order for a use to be considered for approval.  In each Matrix next to the use of interest is a number that corresponds to the specific Supplementary Use Standards.

 

Text Box: Using the Daycare example above: The Supplementary Standard number found next to Daycare-Limited, as in the Matrix is # 7. Refer to the Supplemental Standards in the General Section and in #7 of the Institution, Public and Civic classification for standards that apply to the particular use of Daycare. In the electronic version of the ULDC as well as in ePZB the number is also a hyperlink to the use definition and Supplementary Use Standards in Article 4.

 


The Supplementary Use Standards section includes:

 

1.   Use Definition:

Read carefully the specificity in the use definition as it may include aspects that make the use different from other uses, particularly those of similar nature.

2.   Typical Uses:

Many uses include a section titled “Typical Uses”, which is a list of similar uses designed to assist the reader in identifying business activities or operations that fit within the definition of the principal use.

 

 

3.   Standards:

Mostly organized in the common form in which a site plan is revised and following the order of standards contained in the different articles of the ULDC, the standards include regulations for nonconformities, approval process, tier, Overlay, FLU designation, zoning district, location, lot size, setbacks, separation, building area, building height, collocated or accessory use, accessory structures, architecture, nuisances, parking, landscaping, signage, and others, typically labeled with terms specific to the use.

 

Section 7         Determine the applicable Development Thresholds

The user shall verify if there are any additional requirements for approval in the specific Supplementary Use Standards including thresholds such as building square footage, frontage or location to mention some.

 

 

Requirements under Article 4.A.9, Development Thresholds; need to be considered at all times.  If any development triggers those thresholds the approval of the use or uses may be different than the one shown in the Use Matrix.

 

 

 

 

 

Section 8         Other Factors that May Affect the Approval Process

The user should determine if there are other factors that may affect the proposed use approval. The list below is not definite and further discussion with the zoning division staff may assist in identifying other requirements in accordance with the ULDC.

Some factors to consider are:   

A.    Variance relief from any of the requirements or standards of Article 4 shall be prohibited unless expressly stated otherwise

B.    Uses in Airport Zones may be further restricted or subject to special regulations as specified in Article 16, Airport Regulations.

C.    Specific Regulations shall apply in certain Zoning Districts, as specified under Art. 3.D.3, Zoning District Specific Regulations.

D.    Uses not specifically listed in the Use Matrices but consistent with the definition of a listed use, may be classified by the Executive Director of PZB pursuant to Article 1.B, Interpretation of the Code.

E.    All uses shall comply with all requirements of the ULDC unless expressly exempted otherwise.

F.    In addition to the standards noted in Art. 4, uses are also subject to other requirements in the Code such as Parking, Signage, Landscaping or specific regulations that relate to Overlays, Planned Development District or Traditional Development Districts, depending on the use location.

G.    The Zoning Division may be able to clarify any additional requirements or concerns regarding the application process or any ULDC requirements for the proposed use.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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