A. Purpose
The Downtown Pompano Beach Overlay district (DPOD) is established and intended to encourage an urban form that promotes transit usage and pedestrian oriented development.
B. Applicability
1. General
a. These standards apply to all land within the Downtown Pompano Beach Overlay district (DPOD), as delineated on the Official Zoning Map.
b. These standards replace or supplement the use, intensity, dimensional, and development standards applicable to the underlying base district. If DPOD standards directly conflict with those governing an underlying base district, the DPOD standards shall govern. If land within the district is classified as one or more other overlay zoning districts, and DPOD 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.
2. Exemptions
a. Permitted Auto-Oriented Uses
i. Irrespective of the standards applicable in Transit Oriented (TO) District or in the DPOD, the following auto-oriented uses and auto-oriented use categories shall be permitted in the DPOD, provided they shall only be permitted at locations that had a site plan approved for such use prior to January 1, 2013:
(A) Section 155.4202.E: Dwelling, Single Family. However single family dwellings located in the RS Use Area (as designated on the Use Regulating Plan) are permitted uses,
(B) Section 155.4202.G: Dwelling, Two-Family,
(C) All use types included in use category Commercial: Boat and Marine Sales and Service Uses, Section 155.4215,
(D) All use types, including but not limited to Car Wash or Auto Detailing 155.4219.H, included in use category Commercial: Motor Vehicle Sales and Service Uses, Section 155.4219, and
(E) Section 155.4303.I: Drive-Through Service. However the entire principal use associated with the Drive-Through Service shall also be considered as permitted.
ii. Until such time that the permitted auto-oriented use converts to a new principal use type, the permitted auto-oriented uses shall be exempt from compliance with all Transit Oriented (TO) and DPOD Standards.
iii. Until such time that the permitted auto-oriented use converts to a new principal use type, the permitted auto-oriented uses, including the structures and lots, shall be governed by the development standards for the previous Zoning District, including but not limited to all applicable Application Specific Review Procedures in Article 2, Use Standards in Article 4, Development Standards in Article 5, Nonconformities Standards in Article 7, and Interpretation Standards in Article 9.
b. Existing Structures and Lots used for Places of Worship
i. Structures and lots approved for use as a Place of Worship, including lots approved for off-street parking for a Place of Worship, prior to January 1, 2013 shall be exempt from compliance with all Transit Oriented (TO) and DPOD Standards until such time that the Place of Worship converts to a new principal use type.
ii. Until such time that the Place of Worship converts to a new principal use type, the structures and lots approved for a Place of Worship shall be governed by the development standards for the previous Zoning District, including but not limited to all applicable Application Specific Review Procedures in Article 2, Use Standards in Article 4, Development Standards in Article 5, Nonconformities Standards in Article 7, and Interpretation Standards in Article 9.
C. Regulating Plans, Diagrams and Standards
The DPOD is governed by a series of controlling plans called Regulating Plans and associated standards. The Regulating Plans demonstrate DPOD development standards in both words and diagrams, and include maps designating the locations where the various standards apply. Unless otherwise noted, all development shall be in compliance with the Regulating Plans. The Regulating Plans for the DPOD include the following:
1. The Sub-Areas Regulating Plan (Specified in Part D).
2. The Building Heights Regulating Plan and Standards (Specified in Part E).
3. The Density Regulating Plan and Standards (Specified in Part F).
4. The Building Typology and Placement Regulating Diagrams and Standards (Specified in Part G).
5. The Use Regulating Plan and Standards (Specified in Part H).
6. The Designated Open Space and Greenway System Regulating Plan and Standards (Specified in Part I).
7. The Street Network Connectivity Regulating Plan and Standards (Specified in Part J).
D. Sub-areas Regulating Plan
All new and existing development shall comply with the standards found within the Sub-Areas Regulating Plan.
E. Building Height Regulating Plan and Modified Height Standards
1. Building Height Regulating Plan
All new and modifications to existing development shall comply with the standards found within the Building Height Regulating Plan. In addition, the following shall apply:
a. Areas intended for commercial uses on the ground floor of all non-residential and mixed-use buildings shall be a minimum of 12 feet in height; and
b. Buildings higher than 6 stories shall be developed according to the tower building type standards.
2. Height Bonus Options
In addition to the maximum building height shown in the Building Height Regulating Plan, properties within the DPOD may be eligible for a height bonus in accordance with Table 155.3708.E.1. Properties may use one height bonus except when using Height Bonus Option #2. When using Height Bonus Option #2, properties are permitted to use up to two bonuses; however, Height Bonus Option #2 is not permitted in combination with Height Bonus Option #3.