A. Purpose
The Atlantic Boulevard Overlay district (AOD) is established and intended to serve as a center of activity for residents and visitors alike, a source of pride and identity for the community, and an attractive gateway to the city's beachfront areas. It is also intended to help implement the Pompano Beach Community Redevelopment Plan for the East Pompano Beach Redevelopment District east of the Intracoastal Waterway. The purposes of these district standards are to stimulate economic revitalization, create a pedestrian-friendly environment, encourage beachfront beautification, and promote mixed-use development. To achieve these intents and purposes, district standards are based on the following core principles.
1. Diversity of Uses and Housing Types
Foster a diversity and mix of uses and housing types that make the district a vibrant and economically resilient place. Accommodate a range and mix of retail, office, residential, civic, and tourist-oriented uses, and encourage vertical mixing of uses with ground floor uses that enhance an active street life.
2. Compact, Pedestrian-Oriented Development
Encourage moderate- to high-intensity, compact, mixed-use, and pedestrian-oriented development and redevelopment that improves walkability within the district and provides convenient access to transit routes and facilities.
3. Human Scale
Promote high-quality design of a scale that both respects and minimizes conflict with the existing context and fosters vibrant new development, and that accommodates and encourages high levels of pedestrian circulation and activity along pedestrian-friendly streetscapes and in public gathering spaces.
4. Architectural Style
Encourage readily identifiable and harmonious architectural styles that foster a sense of place and identity for the district.
5. Safety
Enable appropriate natural surveillance of the public realm to ensure safety and activity along district streets and create the sense of a vibrant and active urban center.
6. Compatibility
Encourage development design that provides a compatible transition between the district's commercial/mixed-use areas and lower-intensity residential neighborhoods and between the district and adjacent residential neighborhoods.
B. Applicability
1. These standards apply to all land within the Atlantic Boulevard Overlay district (AOD), as delineated on the Official Zoning Map.
2. These standards replace or supplement the use, intensity, dimensional, and development standards applicable to the underlying base district. If AOD standards directly conflict with those governing an underlying base district, the AOD standards shall govern. If land within the district is classified as one or more other overlay zoning districts, and AOD standards directly conflict with those of the other overlay district(s), the more restrictive standard shall govern. If land within the district is classified as a planned development (PD) zoning district, the planned development district's regulations shall govern.
1. Permitted Uses
Uses in the Atlantic Boulevard Overlay district shall be subject to the use standards applicable in the underlying base zoning district except as otherwise provided below.
a. Permitted Principal Uses
Irrespective of the use standards applicable in the underlying base zoning district, and except as otherwise provided in subsection 2 below, the following modified use standards shall apply to principal uses in the Atlantic Boulevard Overlay district:
i. A hotel or motel shall be a permitted use in any underlying multifamily residential (RM-) or commercial base district.
ii. A consignment boutique shall only be permitted provided no portion of the use fronts on Atlantic Boulevard.
iii. Any mixed-use development combining commercial and residential uses shall be a permitted use if it complies with the standards in Section 155.3703.C.3, Standards Specific to Commercial/ Residential Mixed-Use Developments.
iv. Brewpubs may be permitted to produce up to 930,000 gallons of fermented malt beverage annually, provided they comply with the following standards:
(A) No more than 75% of the total gross floor area of the brewpub shall be used for the brewery function including, but not limited to, the brew house, boiling and water treatment areas, bottling and kegging lines, malt milling and storage, fermentation tanks, conditioning tanks and serving tanks;
(B) At least 10% of the total gross floor area or 1,000 square feet, whichever is greater, shall be used for an accessory commercial component (i.e., tasting room and retail showroom); and
(C) The brewery function shall be carried out so as to not allow the emission of objectionable or offensive odors or fumes in such concentration as to be readily perceptible at any point at or beyond the brewpub.
v. A medical office shall only be permitted provided it complies with the following standards:
(A) Hours of operations for treatment are limited to 7:00 a.m. until 7:00 p.m.
(B) Medical offices located in a multistory building fronting Atlantic Boulevard shall not have any space used for treatment on the first floor.
(C) Medical offices located in a single story building fronting Atlantic Boulevard shall not have any space devoted to treatment in the portion of the building abutting Atlantic Boulevard.
vi. A personal services establishment whose principal services are massage therapy shall only be permitted provided it complies with the following standards:
(A) Hours of operations for treatment are limited to 7:00 a.m. until 7:00 p.m.
(B) Public access is limited to a storefront abutting a street.
(C) Special exception approval is required if the establishment is located less than 1,000 feet from another personal services establishment whose principal services are massage therapy. For purposes of this subsection, the distance shall be measured from public entrances.
b. Permitted Accessory Uses
Irrespective of the use standards applicable in the underlying base zoning district, and except as otherwise provided in subsection 2 below, the following
accessory uses
shall be allowed by right in the Atlantic Boulevard Overlay district:
i. Walk-up window service as accessory to an eating or drinking establishment.
ii. Outdoor display of merchandise for sale or rental as accessory to a retail sales and service use, in accordance with the standards in Section 155.4303.U, Outdoor Display of Merchandise.
iii. Outdoor seating as accessory to an eating or drinking establishment (including sidewalk cafes), in accordance with the standards in Section 155.4303.V, Outdoor Seating (as accessory to an eating and drinking establishment), except that the outdoor seating area need not be located at least 100 feet from any Single-Family Residential (RS-) zoning district.
2. Prohibited Uses
a. Prohibited Principal Uses
Irrespective of subsection 1 above and the use standards applicable in the underlying base zoning district, the following principal uses shall be prohibited in the Atlantic Boulevard Overlay district:
i. Auction house
ii. Specialty medical facility
iii. Urgent care facility - 24 hours
iv. Specialty hospital
v. General hospital
vi. Medical or dental lab
vii. Day labor service
viii. Flea market
ix. Fortune-telling establishment
x. Sexually oriented business
xi. Tattoo or body piercing establishment
xii. Retail sales establishment, large
xiii. Showroom, wholesale
xiv. All use types within the Motor Vehicle Sales and Service Uses category, except Parking deck or garage and Parking lot.
xv. Thrift shops
xvi. Check cashing or pay day loan store
b. Prohibited Accessory Uses
Irrespective of subsection 1 above and the use standards applicable in the underlying base zoning district, the following
accessory uses
shall be prohibited in the Atlantic Boulevard Overlay district:
i. Drive-through service
a. General
The following standards apply to all mixed-use developments in the Atlantic Boulevard Overlay district containing commercial and residential uses:
i. The commercial and residential uses shall be mixed within the same
building
.
ii. The commercial uses shall be limited to floors below those used for residential uses.
iii. Each residential
dwelling unit
shall contain at least 450 square feet of floor area.
b. On Land Classified as Residential by Land Use Plan
The following standards apply to commercial/residential mixed-use development located on land classified Residential by the Land Use Plan:
i. Commercial principal uses shall be limited to:
(A) Eating or drinking establishments (including accessory outdoor seating areas);
(B) Professional offices;
(C) Medical offices; and
(D) Neighborhood-scale retail sales and service uses.
ii. No contiguous area used for offices or retail sales and service uses may exceed ten acres in size. Areas are considered contiguous if they abut, are located within 500 feet of each other, or are separated from each other only by streets or highways, canals or rivers, or easements.
iii. On land classified Medium-High (25) Residential or High (50) Residential by the Land Use Plan, no more than 50 percent of the gross floor area of the
building
may be used for eating or drinking establishment, office, and retail sales and service principal uses.
iv. On land classified Medium (16) Residential by the Land Use Plan, no more than 50 percent of the gross floor area of the
building
may be used for office principal uses.
4. Separation Requirements for Sales of Alcoholic Beverages Not Applicable for Certain Eating or Drinking Establishments
The separation requirements applicable to uses involving the sale of alcoholic beverages (Section 155.4501) shall not apply to bars or lounges, brewpubs, restaurants, or specialty eating or drinking establishments located within the Atlantic Boulevard Overlay district.
D. Modified Intensity and Dimensional Standards
Irrespective of the intensity and dimensional standards applicable in the underlying base zoning district, the following dimensional standards shall apply in the Atlantic Boulevard Overlay district.
1. Maximum Lot Coverage
a. Lot coverage may exceed otherwise applicable maximum lot coverage standards by up to 20 percent in the following developments, provided the total increase for any development does not exceed 20 percent:
i. A mixed-use development that incorporates residential uses; and
ii. Any development that incorporates a public plaza or public courtyard.
b. In calculating lot coverage, no more than 50 percent of the area of a
plaza
, courtyard, or arcade paved with impervious materials shall be considered a structure subject to the maximum lot coverage standard, and no more than 25 percent of the area of a
plaza
, courtyard, or arcade paved with pervious materials shall be considered a structure subject to the maximum lot coverage standard.
2. Minimum Pervious Area
a. Minimum
pervious area
standards shall not be applicable to nonresidential or mixed-use development.
b. For residential development, the minimum
pervious area
standard shall be 25 percent (of
lot area
).
3. Height
a. Increased Height Limit
Except as otherwise provided in subsection b below, the maximum height standard shall be 105 feet.
b. Slenderness Provisions for Hotel Buildings
Where a hotel
building
is on land classified Commercial by the Land Use Plan and located east of the Intracoastal Waterway, the maximum height standard may be increased to 210 feet if:
i. The overall volume of the
building
does not exceed the maximum overall volume allowable under otherwise applicable height and setback standards; and
ii. The
building
is designed as a tower atop a
building
base, where:
(A) That facade of the base part of the
building
located within the build-to zone (see subsection 4 below) is no more than 50 feet in height; and
(B) The tower part of the
building
is stepped back at least 10 feet from all facades of the base part of the
building
; and
iii. The gross floor area of any floor in the tower part of the
building
does not exceed 50 percent of the maximum gross floor area allowed for the ground floor of the base part of the
building
.