A. General.
1. 1. Purpose and Intent. The purpose of the SMU zoning district is to implement the mixed use low (MXL) and development of regional impact (DRI) future land use map (FLUM) classifications of the Comprehensive Plan. In order to guide the redevelopment and envisioned growth of the suburban area, the SMU zoning district requires a diversity of land uses, accommodating a mixture of residential, office, retail, recreational, and other miscellaneous uses. Ideally, the SMU district is intended to supplant the PCD district for new developments and projects to encourage vibrant commercial centers through the inclusion of residential uses and well-planned mixed use projects designed in accordance with smart growth principles and best planning practices. Densities of such developments shall be no greater than twenty (20) dwelling units per acre. This mix of uses may be arranged either vertically or horizontally within low-to-mid-rise developments. The review of SMU applications will emphasize aesthetics and design quality, and physical compatibility with adjacent land uses. The specific objectives of the SMU district are as follows:
a. Support and enhance development and redevelopment efforts in suburban areas outside of the downtown redevelopment area;
b. Create major new mixed use areas in planned locations with appropriate densities, heights, and mixture of uses;
c. Create attractive pedestrian environments through appropriate separation from and design of vehicular circulation areas;
d. Provide public plazas and gathering places that are both well-designed and integrated into the overall design of the development;
e. Allow flexibility in architectural design and building bulk, while maximizing compatibility and harmony with adjoining development;
f. Create higher quality environments for residents, businesses, employees, and visitors; and
g. Encourage innovative design that achieves vertical and horizontal integration of uses.
2. Prerequisite Location Standards. The SMU district creates an opportunity to promote sustainability with respect to land use, energy conservation and resource management. Rezoning to the SMU district is encouraged for proposed development or redevelopment on lands that are in close proximity to existing infrastructure, public and alternative transportation routes and modes, employment centers, community areas, or have sustained or are complicated by environmental contamination. The SMU district shall only be applicable to lands located west of I-95 on assembled parcels along principal arterials.
The SMU district shall only be applicable to lands located west of I-95 on assembled parcels along major arterials.
B. Use(s) Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.D.
C. Additional Use Regulations.
1. Mixed Uses. Buildings containing residential and non-residential uses are required within the SMU zoning district and shall be subject to the development standards indicated in Section 4.D. below. With the exception of designated live/work units, no residential uses are allowed on the ground floor of mixed use buildings fronting on arterial streets. The ground floor of mixed use buildings shall be reserved for non-residential uses.
2. Design. Mixed use projects containing residential components shall include appropriate design, materials, and site layout in order to maximize compatibility with residential uses located on upper floors.
3. Live-Work Units. The city contains special regulations regarding required parking and allowable signage for live/work units (see Chapter 4, Article V, Section 2 and Chapter 4, Article IV, Section 3.C.13., respectively).
D. Building and Site Regulations.
1. Building and Site Regulation (Table 3-21).
SUBURBAN MIXED-USE (SMU) DISTRICT | Types of Uses
| |||
Building/Site Regulations
|
Residential Single-Family (Attached or Detached) | Multi-Family | Other Uses (includes Mixed-Use) | |
SUBURBAN MIXED-USE (SMU) DISTRICT | Types of Uses
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Building/Site Regulations
|
Residential Single-Family (Attached or Detached) | Multi-Family | Other Uses (includes Mixed-Use) | |
Density (dwelling units per acre) | 20 | 20 | N/A | |
Project Area, Minimum: | SMU district - 10 acres | |||
Lot Area per unit, Minimum (square feet): | Flexible12 | Flexible12 | 10,000 | |
Lot Frontage, Minimum (feet): | Flexible12 | 100 | 100 | |
Living Area, Minimum A/C (square feet): | 1,200 | 750 | 750 | |
Floor Area Ratio (FAR), Maximum: | N/A | N/A | 2.56 | |
Structure Height, Minimum (feet): | 357 | 357 | 357 | |
Structure Height, Maximum (feet): | 35 | 554, 8 | 554, 8 | |
Build-to-line (feet): | ||||
Front: | 101 | 102, 3, 4 | 103, 4, 5 | |
Building Setbacks, Minimum (feet): | ||||
Side: | 15 corner | 10 end | 104 | 04, 12 |
Rear: | Flexible12 | 154 | Flexible4, 12 | |
Usable Open Space, Minimum (square feet): | 30%9, 10 | 20%9, 11 | 20%9, 11 | |
Minimum Commercial Building Frontage at Build-to-Line13, 14, 15 | ||||
N. Congress Avenue, W. Boynton Beach Blvd., Gateway Boulevard | 70%16 | |||
Old Boynton Road (Congress Ave. to West City Limits), Winchester Park Boulevard | 50% | |||
1. Porches may be placed forward of the build-to line and shall maintain a minimum two (2)-foot setback from any public sidewalk. Porches shall be placed outside of clear sight triangle. Minimum setback for a garage facing or accessing the street is twenty (20) feet. Where less than twenty (20) feet, garage access required from side or rear.
2. Projecting feature(s) such as awnings, balconies, porches and/or stoops may be placed forward of the build-to line and shall maintain a minimum two (2)-foot setback from any public sidewalk.
3. Front yard build-to line along major arterial roads, a maximum of ninety (90) feet inclusive of a twenty-five (25)-foot landscape buffer, including a berm.
4. The height setback envelope in accordance with Section 4.D.3. below shall apply where adjacent to developed single-family residential zoning districts.
5. One (1) or more projecting feature(s) such as awnings, balconies, colonnades, porches and/or stoops required forward of the build-to line and shall maintain a minimum five (5)-foot clearance from any vehicle use area. Elements projecting over a pedestrian walkway shall allow a minimum nine (9)-foot vertical clearance and five (5)-foot horizontal pedestrian clearance.
6. Excluding parking structures.
7. Applies to any façade with arterial roadway frontage. Multiple-story buildings are encouraged along arterial roadways. The intent of this provision is to create the appearance, or simulate the intensity of, a minimum two (2)-story building. Conditional use approval required if less than the thirty-five (35) foot minimum.
8. Building heights between fifty-five (55) feet and seventy-five (75) feet may be allowed only for interior buildings (those buildings separated from the property line by another project building or use), if approved as a conditional use.
9. Usable open space shall provide active or passive recreational space and shall not be occupied by water bodies, streets, drives, parking areas, or structures other than recreational structures.
10. At least fifty percent (50%) of the required usable open space for single-family residential uses shall be contained in one (1) or more common pooled areas and a rectangle inscribed within each common pooled area shall have no dimension less than seventy-five (75) feet.
11. Up to fifty percent (50%) of the usable open space required for "multi-family" and "other uses" may be hardscaped plazas and public gathering places.
12. To be determined on a case by case basis, depending on the overall project design.
13. Minimum commercial building frontage must be located at the required build-to line.
14. Exemptions to required frontage include provisions for access, public usable open space, and site visibility triangles.
15. Commercial frontage must have a minimum depth of forty (40) feet and a minimum ceiling height of thirteen (13) feet.
16. The remainder of the building frontage along the corresponding right-of-way shall be occupied with Active Uses.
2. Height Setback Envelope. Minimum building setbacks shall be based on building heights. The height setback envelope is applicable where the SMU development is adjacent to a developed single- family residential zoning district. This minimum setback shall be three (3) times the building height for any multi-family or non-residential structure. The setback shall be measured from the common boundary of the SMU and the single-family residential zoning district or the midpoint of any intervening right-of-way.
E. Review and Approval Process.
1. All development and redevelopment within the SMU district shall be governed by a master plan with approval granted by the City Commission in accordance with Chapter 2, Article II, Section 2.D.6.
2. Site plan approval shall be required in accordance with Chapter 2, Article II, Section .F. prior to application for building permit.
F. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. See Chapter 4, Article III, Section 6.F.4 for additional community design standards pertaining to off-street parking.
G. Modifications. Any modification proposed within the SMU district shall be in conformance with Master Plan modifications pursuant to Chapter 2, Article II, Section .D.6.
H. Miscellaneous.
1. Common Areas. Prior to approval of the final plat by the City Commission, the developer shall file association documents or alternative agreements that assign responsibility for and ensure the perpetual operation and maintenance of all common facilities of the development. The common facilities addressed within this agreement shall include but not be limited to the following: private streets, drive aisles, parking areas, plazas, open space, landscaping, and recreation facilities. All documents are subject to the review of the City Attorney.
2. Landscaping.
a. Trees. See Chapter 4, Article II, Section 4.A.3.a.
b. Irrigation. See Chapter 4, Article II, Section 4.A.6.
c. Perimeter Buffer. See Chapter 4, Article II, Section 4.C.3.
3. Dumpster Location. See Chapter 4, Article VI, Section 5.A.
4. Sidewalks. See Chapter 4, Article VIII, Section 3.D.
(Ord. 10-025, passed 12-7-10; Am. Ord. 12-016, passed 10-2-12; Am. Ord. 19-018, passed 7-2-19; Am. Ord. 22-018, passed 11-14-22)