For those conditional uses listed below, the following special requirements shall apply in addition to those of § 185.087:
(A) Churches. A conditional use may be granted under the following conditions:
(1) The site has direct access to a collector or arterial roadway.
(2) Minimum setbacks shall be twenty (20) feet from all property lines or the minimum setback of the district, whichever are greater.
(3) Proposed sites not having direct access to a collector or arterial roadway must prepare a traffic impact study, approved by the City Engineer, to support the compatibility of the church use with surrounding uses. In addition, day care centers and schools are not permitted as accessory uses on these sites.
(4) Minimum size: one (1) acre.
(B) Clubs, lodges and similar activities. A conditional use may be granted under the following conditions:
(1) The site has direct access to a collector or arterial roadway.
(2) Minimum setbacks shall be twenty (20) feet from all property lines or the minimum setbacks of the district, whichever are greater.
(3) Minimum size: one (1) acre.
(C) Commercial dog kennels. A conditional may be granted under the following conditions:
(1) No structures, pens, or runs shall be located within fifty (50) feet of any property line.
(2) Open kennels must be visually screened from off-site view.
(3) The site is a minimum of one (1) acre in size.
(D) Planned industrial development. Development of industrial use or group of industrial uses of five (5) or more acres intended to be developed according to a carefully drawn plan, may be permitted by the City Council as a conditional use, after review by the Planning and Zoning Board, in the LI and HI zoning districts. This provision is intended to encourage better organization and controlled development for land reserved primarily for industrial uses, to create a compatible environment for a variety of industrial activities, to protect the integrity of surrounding residential and commercial uses, to allow and encourage proper placement and design for those commercial and residential uses which augment the principal uses, and to discourage commercial and residential encroachment upon areas which should be reserved for industrial activities. In order to qualify for such conditional use, the following conditions must be met:
(1) Ownership. The site proposed shall be in one (1) ownership, or, if in several ownerships, the request for conditional use shall be filed by all owners of the properties included in the plan.
(2) Zoning provisions. All other portions of the respective zoning district regulations and all other applicable portions of this chapter.
(3) Street frontage. The site proposed shall have a minimum width of two hundred (200) feet along a major street frontage.
(4) Access limitations. The minimum distance between access points shall be at least one hundred and fifty (150) feet, and the minimum distance between any one (1) location and an intersection of two (2) or more street rights-of-way shall be one hundred (100) feet.
(5) Site plan.
(a) Concurrent with the request, a site plan, shall be submitted on which structures shall be located in relation to:
1. Each other and to major entrances into and off the site;
2. Internal circulation ways;
3. Parking and service areas; and
4. Landscaped areas.
(b) The site plan and supporting data shall also show proposed standards for development, including restrictions of the use of property; plans for the provisions of utilities, including water, sewer and drainage facilities; plans for protection of abutting properties; plans for cross access and/or shared parking areas; and such other plans, tabulations and other data that the City Council may require.
(6) Tree regulations. Full compliance with the city tree regulations set forth in this chapter, in Chapter 180 and in any other applicable ordinance of the city must be assured.
(7) Office/business parks. All office/business park proposals must provide a list of prohibited and permitted uses in the proposed business park. The applicant should also address how the development will be designed and regulated to ensure the compatibility of uses within the office/business park.
(E) Public and private schools. A conditional use may be granted under the following conditions:
(1) The proposed site is located on a collector or arterial roadway;
(2) Minimum setbacks shall be twenty (20) feet from all property lines or the minimum setbacks of the district, whichever are greater;
(3) Minimum size, one (1) acre.
(F) Self storage facilities may be granted with the following conditions:
(1) Design standards. The following minimum design standards shall apply to the construction of new self-storage facilities or, to the maximum extent feasible, the expansion or redevelopment of existing self-storage facilities.
(a) No door openings for any storage unit with the exception of emergency egress doors shall be constructed facing any residentially zoned property.
(b) The submitted conditional use site plan shall include a landscape plan.
(c) Interior traffic lanes shall be a minimum of thirty-five (35) feet wide for two-way traffic and a minimum of twenty-five (25) feet for one-way traffic, in order to accommodate loading and unloading as well as through and/or emergency traffic.
(d) The maximum storage unit size is limited to 300 square feet.
(e) There shall be no outside storage at the site.
(f) No roll up door openings for any storage unit shall be constructed facing any right-of-way.
(g) Properties with the principal use as self-storage may locate along major collector or higher classified roads. For locations on lower classified roads, ground floor retail is required, or the building shall be setback from the roadway.
(h) Exterior surface materials of the primary/street facade shall be select high quality, human-scale building materials to reduce building massing and create visual interest.
(i) The base of a building (the first two to five feet above the sidewalks) shall be differentiated from the rest of the facade with treatments such as change in material and/or color.
(j) The primary/street facade of buildings shall incorporate no less than two (2) building materials including, but not limited to, tile, brick, stucco, cast stone, stone, formed concrete or other high-quality, long-lasting masonry material over a minimum seventy-five (75) percent of the surface area (excluding windows, doors and curtain walls.) The remainder of the wall area may incorporate other materials.
(k) Self-storage facilities resembling long, traditional warehouse buildings are prohibited. Self-storage facilities must be designed to emulate multi-family or office buildings compatible and in harmony with the surrounding area.
(2) Operational requirements. The following minimum operational standards shall apply to self-service storage facilities and tenants of individual storage units:
(a) Individual storage units shall not be used for activities such as residences, offices, workshops, studios, or hobby or rehearsal areas. Further, storage units shall not be used for manufacturing, fabrication or processing of goods, services or repair of vehicles, engines, appliances or other equipment, or any other industrial activity whatsoever. In addition, storage units shall not be used for commercial activity or places of business of any kind including, but not limited to, retail sales, garage or estate sales, or auctions, unless done so by the property management company.
(b) Storage of flammable, explosive, perishable or hazardous materials within individual storage units and on site is prohibited.
(c) Rental agreements shall provide tenants with written notice of the minimum operational standards set forth in this section and any other conditions imposed by the city.
(G) Communication towers and facilities. A conditional use may be granted under the following conditions:
(1) A map showing the closest existing communication towers shall be provided.
(2) The applicant has supplied a written affidavit that co-location of antennas or other communication facilities is not possible in any other zoning district where these facilities are permissible.
(3) If camouflaging is required, then tower or facilities must be camouflaged as required by City Council. An elevation view of this structure shall be provided.
(4) The applicant has obtained written confirmation that the communication facility meets FCC and FAA radio frequency emission and lighting standards.
(5) The submittal conditional use site plan includes a landscape plan that shows the landscape buffer and its irrigation as per Section 186.07(E) of the Palm Bay Code of Ordinances.
(6) No fence gates, equipment structure doors, or driveways shall be constructed facing any residentially zoned property, or the gates may be offset or otherwise buffered as to not be directly viewed from the residential property. This alternative must be approved by the City Planner.
(H) Eating and drinking establishments that allow patrons to dance to music. A conditional use may be granted under the following conditions:
(1) The applicant shall provide information and documentation that noise from the establishment will be abated so that the business will be in full compliance with Title IX: General Regulations, Chapter 92, Noise, Palm Bay Code of Ordinances.
(2) Methods of crowd control in both interior and exterior portions of the establishment shall be provided in the application.
(I) Security dwelling unit. A conditional use may be granted under the following conditions:
(1) The unit will only be permitted in conjunction with a site that has wholesale trade, warehousing, storage, contractor offices with storage, assembly, machine shops, commercial flex-space and/or similar uses.
(2) No one under the age of eighteen (18) may reside within the unit, and at no time may the unit be occupied by more than two (2) persons.
(3) The unit resident must be the owner of the property or an employee of the property owner. If the resident is not the owner, a signed and notarized contract between the property owner and the employee shall be provided to staff that addresses provisions for security.
(4) The unit may contain no more than one thousand (1,000) square feet of gross floor area and may not be located in a free-standing structure.
(5) There may be only one (1) security dwelling unit per property.
(6) There shall be at least one (1) parking space designated on-site for the resident of the unit.
(7) Applicants must demonstrate that approval of an onsite security dwelling minimizes the need for other security measures including but not limited to chain link fencing, strands of barbed wire atop fencing or walls and excessive security lighting thereby promoting a more aesthetically acceptable site development pattern.
(J) Wedding venues.
(1) The minimum size of a property for a wedding venue shall be five (5) acres.
(2) The subject property shall have direct access to a collector roadway or higher classification roadway.
(3) The structure used for wedding venues and the associated parking areas shall meet the setbacks established for principal structures of the RR District.
(4) The hours of operation shall be from sunrise to 11:00 P.M., not including venue setup and breakdown.
(5) Parking surfaces shall utilize stabilized materials and shall meet the provisions established in § 185.140(B)(1).
(6) A two-way driveway must be a minimum of twenty-four (24) feet in width at the right-of-way line and shall be paved from the right-of-way line to the edge of the roadway that the driveway connects to.
(7) A one-way driveway must be a minimum of fifteen (15) feet in width at the right- of-way line and shall be paved from the right-of-way line to the edge of the roadway that the driveway connects to.
(8) If a wedding venue chooses to have a sign, one detached sign shall be permitted for the venue site not to exceed six (6) feet in height, with a maximum sign area of sixteen (16) square feet, and setback a minimum of ten (10) feet from any property line.
(9) All site lighting is subject to the provisions established in § 185.143.
(10) All site noise is subject to the provisions established in Chapter 92.
(K) Event halls.
(1) The minimum size of a property for an event hall shall be five (5) acres.
(2) The subject property shall have direct access to a collector roadway or higher classification roadway.
(3) The structure used for event hall and the associated parking areas shall meet the setbacks established for the GC District.
(4) The hours of operation shall be from sunrise to 12:00 A.M. not including venue setup and breakdown.
(5) Parking surfaces shall utilize stabilized materials and shall meet the provisions established in § 185.140(C)(1).
(6) A two-way driveway must be a minimum of twenty-four (24) feet in width at the right-of-way line and shall be paved from the right-of-way line to the edge of pavement of the roadway that the driveway connects to.
(7) A one-way driveway must be a minimum of fifteen (15) feet in width at the right- of-way line and shall be paved from the right-of-way line to the edge of pavement of the roadway that the driveway connects to.
(8) All site lighting is subject to the provisions established in § 185.143.
(9) All site noise is subject to the provisions established in Chapter 92.
('74 Code, § 25-164) (Ord. 89- 08, passed 4-27-89; Am. Ord. 94- 36, passed 7-7-94; Am. Ord. 95- 44, passed 11-2-95; Am. Ord. 96- 06, passed 2-15-96; Am. Ord. 98- 07, passed 4-16-98; Am. Ord. 98- 20, passed 7-16-98; Am. Ord. 2004-02, passed 1-22-04; Am. Ord. 2005-15, passed 4-21-05; Am. Ord. 2008-42, passed 6-5-08; Am. Ord. 2009-29, passed 7-16-09; Am. Ord. 2010-76, passed 11-4-10; Am. Ord. 2011-26, passed 4-7-11; Am. Ord. 2011-39, passed 7-7-11; Am. Ord. 2011-40, passed 7-7-11; Am. Ord. 2016-17, passed 4-21-16; Am. Ord. 2017-82, passed 11-16-17; Am. Ord. 2019-16, passed 3-21-19; Am. Ord. 2023-35, passed 7-6-23)