A. General.
1. Purpose and Intent. The urban mixed-use zoning districts are intended to implement the CRA Community Redevelopment Plans and to provide for a mixture of land uses, accommodating varying densities and intensities appropriate for each CRA district, and by establishing quality streetscapes and pedestrian environments as part of a compact urban setting. The mixed use districts also support transit ridership, in particular through higher density and intensity development within the designated Downtown Transit-Oriented Development District (DTODD). Additional standards and requirements of this section are based on the proximity to the planned train station, and location within the transit core, which is defined as the area extending one-quarter (1/4) mile from the train station. To ensure compliance with these Regulations, an application for site plan approval shall be required and reviewed concurrently with any request to rezone lands to a mixed-use (urban) district, except as provided in Section 2.D.1.e. Also see Chapter 4, Article III, Section 6 for design and compatibility standards. The objectives of the mixed-use (urban) districts are as follows:
a. Support and enhance revitalization efforts in the city's traditional commercial core area through the provision of compact, transit-supportive, high density and intensity development;
b. Allow for commercial services to be provided to new residential developments in planned locations with appropriate densities, heights, and mixtures of uses;
c. Create optimal pedestrian environments and spaces through well located public plazas, expanded public sidewalks, maximized internal and external interconnectivity and design of pedestrian-friendly vehicular circulation areas;
d. Allow flexibility in architectural design and building bulk while maximizing compatibility and harmony with adjoining development;
e. Create surrounding areas that complement rather than compete with the downtown; and
f. Create higher quality environments for residents, businesses, employees, and visitors as determined by how well the urban centers function seamlessly with respect to interconnectivity between the principal uses, activity centers, and transportations systems, forming a cohesive and desirable sense of place.
2. Description of Districts.
a. Mixed Use 1 (MU-1). The MU-1 district implements the Mixed Use Low (MXL) future land use map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of twenty (20) dwelling units per acre, except within the Downtown Transit-Oriented Development District (DTODD) (the Station Area), where the maximum density may be twenty-five (25) dwelling units per acre through participation in the City's Workforce Housing Program. In addition, projects located within the transit core of the Station Area shall have a minimum density of eleven (11) dwelling units per acre. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core.
b. Mixed Use 2 (MU-2). The MU-2 district implements the Mixed Use Medium (MXM) future land use map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of forty (40) dwelling units per acre, except within the Downtown Transit-Oriented Development District (DTODD) (the Station Area), where the maximum density may be fifty (50) dwelling units per acre through participation in the Workforce Housing Program. In addition, projects located within the transit core of the Station Area shall have a minimum density of twenty (20) dwelling units per acre. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core.
c. Mixed Use 3 (MU-3). The MU-3 district implements the Mixed Use Medium (MXM) future land use map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of fifty (50) dwelling units per acre, except within the Downtown Transit-Oriented Development District (DTODD) (the Station Area), where the maximum density may be sixty-two and one-half (62.5) dwelling units per acre through participation in the Workforce Housing Program. In addition, projects located within the transit core of the Station Area shall have a minimum density of thirty (30) dwelling units per acre. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core.
d. Mixed Use Downtown (MU-DT). The MU-DT district implements the Mixed Use High (MXH) future land use map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of sixty (60) dwelling units per acre. Projects located within the Station Area shall also have a minimum density of thirty (30) dwelling units per acre. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core. The intent of this new district is to facilitate the establishment of a downtown redevelopment, while in certain locations also providing a proper continuum of, or transition in scale between the Mixed Use Core (MU-C), Mixed Use 4 (MU-4), and Mixed Use 3 (MU-3) Districts. This zoning district is to supplant the Central Business District (CBD) in the historic downtown and marina district.
e. Mixed Use-4 (MU-4). The MU-4 district implements the Mixed Use High (MX-H) future land use map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of sixty (60) dwelling units per acre, except within the Downtown Transit-Oriented Development District (DTODD) (the Station Area), where the maximum density may be seventy-five (75) dwelling units per acre through participation in the City's Workforce Housing Program. In addition, projects located within the transit core of the Station Area shall have a minimum density of thirty-five (35) dwelling units per acre. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core. The intent of this new district is to facilitate the establishment of high density and intensity development nodes at strategic locations that support downtown redevelopment, while in certain location also providing a proper continuum of, or transition in scale between the Mixed Use Core (MU-C) and Mixed Use 3 (MU-3) Districts. The district is considered the predecessor to the MU-DT (Mixed Use Downtown) zoning district.
f. Mixed Use Core (MU-C). The MU-C district implements the Mixed Use High (MXH) future land use map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of eighty (80) dwelling units per acre, except within the Downtown Transit-Oriented Development District (DTODD) (the Station Area), where the maximum density may be one hundred (100) dwelling units per acre through participation in the Workforce Housing Program. In addition, projects located within the Station Area shall have a minimum density of thirty (30) dwelling units per acre. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core. The district is considered the predecessor to the MU-DT (Mixed Use Downtown) zoning district.
3. Location and General Use Requirements.
a. General. The mixed use (urban) districts are intended for projects that promote sustainable design with respect to land use, energy conservation, resource management, and social equity. Rezoning to any of these districts 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 mixed use (urban) zoning districts shall be applied to selected geographic areas east of I-95, where a mixture of uses and building intensities is intended to implement the CRA Community Redevelopment Plan and urban design guidelines including goals involving compact design, transit-oriented development, employment, population, transportation, housing, public facilities, and environmental quality. Permitted uses and associated standards for development vary between the zoning districts each reflecting the importance of the district's location and relationship to the downtown. Maximum heights, densities, and intensities of development are regulated to achieve, in part, the intended vision as established within the CRA Community Redevelopment Plan for each of the six planning districts, while ensuring land use compatibility. A master plan as a whole, comprised of individual buildings and parcels, would be reviewed for compliance with the requirements below pertaining to a residential component to the project,
Active and Commercial uses on the first floor of a project.
b. Mixed Use 1 (MU-1), Mixed Use 2 (MU-2), and Mixed Use 3 (MU-3).
(1) In order to complement the revitalization efforts in the downtown area, these zoning districts shall be applied to lands consistent with the Comprehensive Plan Future Land Use Map and CRA Community Redevelopment Plan. See the Community Redevelopment Plan for specific recommendations on locations and boundaries.
(2) These MU districts are appropriate for low- to mid-rise developments that provide for medium density residential and low to medium intensity commercial and office uses.
(3) The review of these applications will emphasize compactness, aesthetics and design quality, and physical compatibility with adjacent land uses.
(4) Except where limited by Table 3-22 in Chapter 3, Article III, Section 5.C., all new developments within the MU-1 and MU-2 districts that contain a non-residential use shall front on streets designated as "arterial", or "collector", roadways on the Functional Classification of Roadways Map. All projects within the MU-3 district proposed within the transit core must contain a residential component, and all projects proposed within these
Mixed Use intensity districts that front on an arterial road must have space on the first floor devoted to Commercial or Active uses.
(5) Maximum height may be further limited in certain geographic areas to further applicable redevelopment plans and maintain compatibility with an abutting single-family district.
c. Mixed Use-4 (MU-4).
(1) The Mixed Use 4 (MU-4) district shall only be applied to land classified as mixed use high (MXH) on the future land use map as recommended by the Community Redevelopment Plan.
(2) The MU-4 district is appropriate for high density/intensity development intended for designated nodes. Such developments shall include a mix of uses designed in a compact vertical style. Developments proposed within the Downtown Transit-Oriented Development District (the Station Area) must contain a residential component and have space on the first floor devoted to commercial uses for those portions of the project having
frontage along a collector or an arterial road.
(3) All new developments within this district shall front on streets designated as “arterial” roadways on the Functional Classification of Roadways Map.
d. Rezoning of single-family districts. All requests to rezone any single- family residential district to a mixed use zoning district shall be subject to the following additional requirements:
(1) Height, density and intensity of development shall be consistent with the CRA Redevelopment Plan for the applicable district;
(2) Ratio of lot frontage to depth that is no more than one (1) foot (frontage) to one and one-quarter (1.25) foot (depth);
(3) Vehicular access to the property located to minimize impacts on adjacent single-family developments and meet safety standards; and
(4) Landscape barriers provided, in accordance with the landscape regulations of this Code, where the rezoned property abuts single-family residential zoning.
e. Mixed Use Core (MU-C).
(1) The Mixed Use C (MU-C) district shall only be applied to lands classified as mixed use-high (MX-H) on the future land use map.
(2) The MU-C district is appropriate for high density/intensity development intended for the downtown area. Such developments shall include a mix of uses designed in a compact vertical style. Developments proposed within the Downtown Transit-Oriented Development District (the Station Area) must contain a residential component and have space on the first floor devoted to commercial uses for those portions of the project having
frontage along a collector or an arterial road.
(3) All new developments within this district shall front on streets designated as "arterial" roadways on the Functional Classification of Roadways Map.
f. Mixed Use Downtown (MU-DT).
(1) The Mixed Use Downtown (MU-DT) district shall only be applied to lands classified as mixed use-high (MX-H) on the future land use map.
(2) The MU-DT district is appropriate for high density/intensity development intended for the downtown area. Such developments shall include a mix of uses designed in a compact vertical style. Developments proposed within the Downtown, as defined by the CRA Plan, must contain a residential component and have space on the first floor devoted to commercial uses for those portions of the project having frontage along a collector or an arterial road.
(3) All new developments within this district shall front on streets designated as "arterial" roadways on the Functional Classification of Roadways Map.
g. Rezoning of single-family districts. All requests to rezone any single-family residential district to a mixed use zoning district shall be subject to the following additional requirements:
(1) Height, density and intensity of development based on the standards indicated in Table 3-22;
(2) Ratio of lot frontage to depth that is no more than one (1) foot (frontage) to one and one-quarter (1.25) foot (depth);
(3) Vehicular access to the property located to minimize impacts on adjacent single-family developments and meet safety standards; and
(4) Landscape barriers provided, in accordance with the landscape regulations of this Code, where the rezoned property abuts single-family residential zoning.
B. Use(s) Allowed. See "Use Matrix, Table 3-28" in Chapter 3, Article IV, Section 3.D.
C. Building and Site Regulations.
1. Building and Site Regulation (Table 3-22).
MIXED USE, URBAN13, 14
(Overlay regulations may apply. See Section 8 below.) | MU-1 | MU-2 | MU-3 | MU-DT | MU-4 | MU-C |
MIXED USE, URBAN13, 14
(Overlay regulations may apply. See Section 8 below.) | MU-1 | MU-2 | MU-3 | MU-DT | MU-4 | MU-C |
Lot Area, Minimum (acres): | ||||||
Public park: | N/A | N/A | N/A | N/A | N/A | N/A |
All other uses: | 0.50 | 0.75 | 1 | 1 | 1 | 1 |
Lot Frontage, Minimum (ft.)1 | 100 | 1002 | 1502 | 2002 | 2002 | 2002 |
Structure Ht., Minimum (ft.) | 30 | 30 | 30 | 30 | 45 | 45 |
Maximum Height (ft.)3 | 55 | 65 | 75 | 85 | 100 | 150/1254 |
Maximum Density (DUs/Acre)10, 12 | 20 | 40 | 50 | 60 | 60 | 80 |
Maximum F.A.R.11 | 2.5 | 3.0 | 3.0 | 3.5 | 4.0 | 4.0 |
Build-to-line (ft.)8: | ||||||
All sides abutting a collector or arterial road | Factor of Pedestrian Zone Requirement7 | |||||
Abutting a Local street | 07 | 07 | 07 | 07 | 07 | 07 |
Interior side | 07 | 07 | 07 | 07 | 07 | 07 |
Building Setbacks, Minimum (ft.)8: | ||||||
Rear abutting | ||||||
Residential single-family | 255/05, 6 | 255 | 255 | 255 | 255 | 255 |
Intracoastal waterway | 255 | 255 | 255 | 255 | 255 | 255 |
Side abutting | ||||||
Residential single-family: | 255/05, 6 | 255 | 255 | 255 | 255 | 255 |
Usable Open Space, Minimum (sq. ft.)9 | N/A | N/A | 0.5% | 2% | 1% | 2% |
1. 1. May be reduced if frontage extends from right-of-way to right-of-way.
2. Project sites must front on two (2) intersecting rights-of-way and must have an uninterrupted lot frontage.
3. Maximum height on any street frontage is forty-five (45) feet. Maximum height on Intracoastal Waterway is thirty-five (35) feet consistent for a depth of a minimum of thirty (30) feet. Heights may require reduction where adjacent to a single-family zoning district where necessary to achieve the compatibility requirements of these regulations. Maximum heights may be increased in the DTODD through participation in the Workforce Housing Program.
4. Maximum height reduced to one hundred twenty-five (125) feet for the entire project where property abuts any other MU or residential zoning district not separated by a right-of-way.
5. Plus one (1) additional foot for each foot of height over thirty-five (35) feet.
6. Where there is an intervening right-of-way of at least forty (40) feet.
7. Buildings and structures shall be located no farther than zero (0) feet from the property line, except in conjunction with providing required visibility at intersections, driveways; open spaces and public plazas; or when additional setback is necessary to provide for required “Pedestrian Zone” (PZ). Building placement is a factor of roadway type and CRA district, which determines the minimum width and design of the PZ. The minimum PZ is comprised of three (3) components: 1) a five (5) foot wide street tree area, measured from the back of the curb, or future curb on roads requiring a right-of-way dedication; 2) an eight (8) foot wide sidewalk (ten-foot (10') wide sidewalk when located within the Downtown District, as defined by the Community Redevelopment Area Plan), free from obstructions, measured from the centerline of street trees; and 3) an eight (8) foot wide active area, measured from the sidewalk. The PZ components may vary in placement order only on sites with conflicting right-of- way regulations. See Section 5.C.2. below for additional relief provisions from build-to line requirements.
8. Listed eligible historic structures are not required to meet these standards.
9. Usable open space shall be required for all developments two (2) acres in size or larger which shall be devoted to plazas or other public open space, excluding private recreation. See Chapter 4, Article III, Section 8 for additional regulations.
10. Projects within the Downtown Transit-Oriented Development District (the Station Area) shall have minimum densities as follows: MU-1 - fifteen (15), MU-2 - twenty-five (25), MU-3 - thirty-five (35), MU-4 - forty-five (45) and MU-C - sixty (60) dwellings per acre.
11. Projects within the Downtown Transit-Oriented Development District (the Station Area) shall have a minimum FAR as follows: MU-3 - one and three-quarters (1.75), MU-4 (2.0) and MU-C - two (2.0).
12. The maximum density for projects within the Downtown Transit-Oriented Development District (the Station Area) may be increased up to twenty-five percent (25%) over the maximum density allowed in the underlying zoning district through participation in the City’s Workforce Housing Program.
13. Mixed use projects within urban mixed use zoning districts will meet ground floor COMMERCIAL USE requirement by including commercial uses serving the general public such as retail, restaurants, bars, entertainment, personal services, and offices. Resident-only serving amenities such as lounges, gyms, common rooms, and recreation spaces may be included in addition to the above uses, but shall not fulfill the commercial requirement.
14. Residential-only projects within MU-1, MU-2, and MU-3 zoning districts located within the Federal Highway District and the Heart of Boynton District, as defined by the Community Redevelopment Area Plan, will meet ACTIVE USE requirement by using design features - including street-fronting access - to allow residential use to engage with the street and provide the opportunity for interaction. Such features may be combined with building amenities such as lounges, gyms, common rooms, and recreation spaces on the ground floor.
2. Minor and Major Variations to Build-to Line Requirements. Notwithstanding the required build-to line and pedestrian zone requirements of Note #7 above, portions of buildings and structures may be constructed in excess of the distance specified in the above table, but not to exceed fifteen (15) feet in order to 1) optimize landscape design; 2) maximize on-site drainage solutions; 3) accommodate architectural features and building enhancements; or 4) to otherwise enhance public spaces such as sidewalks, plazas, fountains, or outdoor seating areas in order to farther the purpose and intent of the Overlay. Major deviations from the build-to line requirement above (in excess of fifteen (15) feet) may be allowed, but only with sufficient justification and contingent upon the approval of a Community Design Appeal application (see Chapter 2, Article II, Section 4.B.).
3. Additional Standards. See Chapter 4, Article III, Section 6.H. for additional standards related to urban design and building location for properties located in within the transit core of the Downtown Transit-Oriented District Overlay (the Station Area).
D. Review and Approval Process.
1. All development and redevelopment within the urban mixed use districts 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 2.F. prior to application for building permit.
E. Parking.
1. General Requirements. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements.
2. Reduced Parking Requirements in MU-H District. See reduced parking requirements for specific uses within the MU-H district in accordance with Chapter 4, Article V, Section 2.B.
3. Off-Street Parking Facilities. The mixed use (urban) districts contain additional standards relative to location and appearance of off-street parking facilities. Refer to Chapter 4, Article III, Section 6.F. for these additional development standards.
F. Miscellaneous.
1. Access. See Chapter 4, Article VI, Section 3.C.8.
2. Building Location. See Chapter 4, Article III, Section 6.
3. Location of Dumpsters and Trash Receptacles. See Chapter 4, Article VI, Section 4.C.
4. Shade and Shelter. See Chapter 4, Article III, Section 6.
5. Sidewalks in MU-H District. See Chapter 4, Article III, Section 6 for community design standards related to sidewalks.
6. Landscape and Streetscape Design. See Chapter 4, Article II, Section 4.B.5.
(Ord. 10-025, passed 12-7-10; Am. Ord. 12-016, passed 10-2-12; Am. Ord. 13-013, passed 6-4-13; Am. Ord. 14-009, passed 7-1-14; Am. Ord. 15-006, passed 3-2-15; Ord. 15-023, passed 10-6-15; Am. Ord. 16-023, passed 1-3-17; Am. Ord. 17-023, passed 9-19-17; Am. Ord. 19-018, passed 7-2-19; Am. Ord. 19-032, passed 10-1-19; Am. Ord. 22-024, passed 1-3-23)