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USE AREA | RESIDENTIAL | NONRESIDENTIAL |
USE AREA | RESIDENTIAL | NONRESIDENTIAL |
MM-1: Mixed Use Main Street 1 | For properties abutting Dr. Martin Luther King, (MLK) Jr. Blvd., Not Permitted on the portion of the 1st Floor fronting MLK For all properties, Optional on 2nd Floor For all properties, Required on 3rd Floor and above | For properties abutting Dr. Martin Luther King, (MLK) Jr. Blvd. Required on the portion of the 1st Floor fronting MLK For all properties, Optional on 2nd Floor For all properties, Not Permitted on 3rd Floor and above |
MM-2: Mixed Use Main Street 2 | Not Permitted on 1st Floor Optional on 2nd Floor and above | Required on 1st Floor Optional on 2nd Floor and above |
MUR: Mixed Use Residential | For properties abutting Flagler Avenue, Not Permitted on 1st Floor For properties not abutting Flagler Avenue, Optional on 1st Floor For all properties, Optional on 2nd Floor For all properties, Required on 3rd Floor and above | For properties abutting Flagler Avenue, Required on 1st Floor For properties not abutting Flagler Avenue, Optional on 1st Floor For all properties, Optional on 2nd Floor For all properties, Not Permitted on 3rd Floor and above |
MO: Mixed Use Optional | For properties abutting Flagler Avenue, Not Permitted on 1st Floor For properties not abutting Flagler Avenue, Optional on 1st Floor For all properties, Optional on all other Floors | For properties abutting Flagler Avenue, Required on 1st Floor For properties not abutting Flagler Avenue, Optional on 1st Floor For all properties, Optional on all other Floors |
RM: Residential Multifamily | Required on all floors | Not Permitted |
RS: Residential Single Family
|
Required on all floors | Not Permitted |
MUCP: Mixed Use Commerce Park | Optional on all Floors | Required on all Floors |
CC-1: Civic Campus 1 | Not Permitted | Required on all floors |
CC-2: Civic Campus 2 | Optional on all Floors | Optional on all Floors |
RO: Recreation / Open Space | Not Permitted | Required on all Floors |
CF: Community Facilities | Not Permitted | Required on all Floors |
PU: Public Utilities | Not Permitted | Required on all Floors |
TR: Transit Facilities | Not Permitted | Required on all Floors |
b. The Use Regulating Plan also depicts the location of the Historic Core and Historic Transition Areas, which have modified use standards listed in Table 155.3708.H.2.
2. Principal Uses Regulating Table
Table 155.3708.H.2 includes the principal uses permitted in the DPOD along with any required restrictions on such uses, for each of the use areas listed above. Principal uses not included in Table 155.3708.H.2. are not permitted in the DPOD. Principal uses in the DPOD shall be subject to the use-specific standards as provided for in Part 2, of Article 4, unless specifically noted otherwise in Section 155.3708.H.5 (Modified Use Standards).
3. Permitted Accessory Uses and Structures
Accessory Uses and Structures permitted in the underlying base zoning district (TO) shall be permitted in the DPOD. Accessory uses and structures in the DPOD shall be subject to the use-specific standards as provided for in Part 3, of Article 4.
4. Modified Use Standards
The following use-specific standards are modified for the DPOD:
a. Medical offices hours of operations for treatment are limited to 7:00 a.m. until 7:00 p.m.
i. 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. Community Center, Library, and Civic Centers owned or operated by the City or CRA are permitted to have accessory use of outdoor musical performances (located not totally and permanently enclosed within a building) and are exempt from the requirements to obtain a permit per City Code Section 132.26.
c. Civic Center shall be exempt from the requirement to be located on a lot with an area of at least five acres per Section 155.4211.A.3.a (Civic Center).
d. Arena, stadium, or amphitheater shall be exempt from the requirement to be located on a lot with an area of at least five acres per Section 155.4217.B.3.a (Arena, stadium, or amphitheater).
e. Parking Deck or Garage (as a Principal Use) and Parking Lot (as a Principal Use) shall be owned or leased by the City or the CRA. The design of the Parking Deck or Garage or Parking Lot shall be in a manner that encourages pedestrian and transit usage.
f. When directly abutting MLK Boulevard, Dixie Highway, or Atlantic Boulevard, or located within the Historic Core Area, eating and drinking establishments with outdoor seating shall be exempt from the restriction on sound production or reproduction machine or device per Section 155.4303.V.3.a (Outdoor Seating, including Sidewalk Cafes (as accessory to an eating and drinking establishment).
g. When directly abutting MLK Boulevard, Dixie Highway, or Atlantic Boulevard, or located within the Historic Core Area, the below listed uses shall not be subject to Section 155.4501 (Separation Requirements for Alcoholic Beverage Establishments).
i. Bar or lounge (whether a principal use or an accessory use to a restaurant or hotel, and including any accessory outdoor seating);
ii. Brewpub (whether a principal use or an accessory use to a hotel, and including any accessory outdoor seating);
iii. Restaurant (whether a principal use or an accessory use to a hotel, and including any accessory outdoor seating);
iv. Specialty eating or drinking establishment (whether a principal use or an accessory use to a hotel, and including any accessory outdoor seating);
v. Hotel or motel; and
vi. Community Center, Library, and Civic Centers owned or operated by the City or CRA.
h. Brewpubs may be permitted to produce up to 930,000 gallons of fermented malt beverage annually, provided they comply with the following standards:
i. 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 brewhouse, boiling and water treatment areas, bottling and kegging lines, malt milling and storage, fermentation tanks, conditioning tanks and serving tanks;
ii. 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
iii. 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.
I. Designated Public Open Spaces and Greenway Systems Regulating Plan
The Designated Public Open Spaces and Greenway Systems Regulating Plan designates the approximate location of open spaces and a greenway system throughout the DP Overlay District. Within the DP Overlay District, there are dedicated public open spaces, a dedicated public greenway system, and private open spaces.
1. Designated Public Open Spaces
Designated public open spaces are largely devoted to natural landscaping and outdoor recreation, and tend to have few structures. Golf courses,
golf driving ranges
,
cemeteries
and mausoleums shall not be included in this category. Accessory uses may include clubhouses, statuary, fountains, maintenance facilities and concessions. Example use types include public greens, greenways, arboretums, botanical gardens, squares,
plazas
and community gardens. Designated public open spaces shall be subject to the following requirements:
a. The general location shall conform with the Designated Public Open Space Regulating Plan.
b. Designated public open spaces shall be provided at grade level.
c. Provided that all other parameters on the Regulating Plans are met and that an Individual/developer owns the entire designated public open space area and an adjacent area, the final location of the public open space may be proposed onto such adjacent area.
d. Designated public open spaces shall be shaded, and their ground surface shall be a combination of paving materials, lawn, or ground cover.
e. No replatting or other land subdivision shall divide property in such a way that the required designated public open space is avoided or its location changed.
f. Off-street parking shall not be required for designated public open spaces.
g. Fences, walls and hedges are permitted around the perimeter of a designated open space in accordance of Table 155.3501.L.2.b.
2. Designated Public Open Space Types
Designated Public Open Spaces shall be provided in the form of greens, plazas or squares, consistent with provisions in Section 155.3501.K.4.
3. Designated Publicly Accessible Greenway Systems
The designated public greenway system shall be consistent with the provisions in Section 155.3501.K.5.
4. Private open spaces
a. Private open spaces shall be provided in the form of colonnades, courtyards, terraces, and lawns. Corridors, walkways, pedestrian passages, lobbies, parking courts, lakes, golf courses, and parking lot buffers shall not count towards the open space requirement.
b. Private open spaces shall be shaded, and their ground surface shall be a combination of paving materials, lawn, or ground cover.
J. Designated Street Network Connectivity Regulating Plan and Street Development Regulating Diagrams
The following standards are in addition to the TO District Street Standards found in Section 155.3501.H. The Street Network Connectivity Regulating Plan shows the location of existing and new streets needed to create the prescribed network of streets within the DPOD. This Plan also establishes the hierarchy of the streets. The Street Development Regulating Diagrams establish minimum standards for streets within the DPOD. The width of sidewalks, landscape strips etc. shall be as set forth in the Street Development Regulating Diagrams.
1. In the DPOD, the main streets shall be MLK Blvd. (from I-95 to Dixie Hwy.), Flagler Avenue (from NE 4th Street to NE 1st Street), NE 1st Avenue (from NE 4th Street to Atlantic Blvd.), NE 1st Street and NE 4th Street.
2. Utilities other than fire hydrants shall run underground.
3. Sharrows shall be permitted only on streets with no parking.
4. Street Development Regulating Diagrams
All streets shall be designed according to the typical street sections and standards specified in the Street Development Regulating Diagrams to the extent practicable in coordination with the City Engineer. Streets with a specific design provided by the City shall follow one of the typical sections that corresponds with the width of the right-of-way, the sub-area the building is within, and whether the street is a designated greenway.
K. Additional DPOD Standards
In addition to the Regulating Plans, the following standards apply to properties within the DPOD.
a. Properties developed in full compliance with the Use Regulating Plan and the Density Regulating Plan are eligible for reduced parking. However in no case shall a property be permitted to utilize one of the following parking reductions and a parking reduction per Section 155.5102.K (Reduced Parking Requirements for Parking Demand Reduction Strategies) or per Table 155.5803.A: Sustainability Bonuses.
i. All developments, except single family detached dwellings and eating and drinking establishments, shall provide at least 80 percent of the minimum number of off-street parking spaces required per Table 155.5102.D.1, Minimum Number of Off-Street Parking Spaces.
ii. Eating and drinking establishments shall provide a minimum of six spaces per 1,000 sq ft of customer service area.
iii. Off-street parking is not required for non-residential uses with a maximum 10,000 sf gfa and whose primary pedestrian entrance is located within 800 feet of the BCT North East Transit Center.
iv. When directly abutting MLK Boulevard, or located within the Historic Core and Historic Transition Areas, locally designated historic buildings and existing commercial buildings located, shall not be required to provide parking in addition to that which exists.
v. Senior Housing
(A) Developments where all of the dwelling units are Senior Housing approved and/or funded by US HUD, the required off-street parking may be reduced to a minimum of one parking space per every dwelling unit.
(B) Developments where a portion of the dwelling units are Senior Housing approved and/or funded by US HUD, the required off-street parking may be reduced to a minimum of one parking space per every "Senior Housing" dwelling unit. The dwelling units that are not designated "Senior Housing" shall provide parking at the standard parking rate.
(C) The applicant shall submit plans which demonstrate how the remaining parking will be accommodated in the event that the Senior Housing dwelling units are converted to non-Senior Housing.
b. Excluding townhouse and zero lot lines building typologies, all multi-family developments which are located east of Dixie Highway and all mixed use developments which include a residential component which are located east of Dixie Highway shall provide all off-street parking spaces in enclosed parking garage structures. No surface level parking lots are permitted for these properties.
Development that is required to obtain Major Site Plan or Minor Site Plan approval shall provide a perimeter buffer to separate it from abutting property that is a less intensive use or inconsistent use, including developed or vacant property in accordance with Table 155.5203.F.3 Required Buffer Types and Standards with the following modifications:
a. A Type A Buffer is required between a proposed multifamily dwelling and land designated as "RS: Residential Single Family" as designated on the Use Regulating Plan. However, if an alley is provided, the buffer may be reduced to five feet and the location of the wall or semi-opaque fence and associated landscaping within the buffer will be at the discretion of the Development Services Director. Consideration will be given to the location of existing fencing, curb cuts, and existing development patterns.
b. A Type B Buffer is required between a proposed non-residential or mixed use development and land designated as "RS: Residential Single Family" or "RM: Residential Multi-family" as designated on the Use Regulating Plan. However, if an alley is provided, the buffer may be reduced to five feet and the location of the wall or semi-opaque fence and associated landscaping within the buffer will be at the discretion of the Development Services Director. Consideration will be given to the location of existing fencing, curb cuts, and existing development patterns.
All new or improved structures, site improvements, and appurtenances in the Historic Core and Historic Transition Areas (as depicted on the Use Regulating Plan) must comply with the design standards in this section.
a. Massing Restrictions for Historic Transition Area
In order to limit the impacts of massing on the Historic Core Area, the following massing restrictions are required for buildings within the Historic Transition Area:
i. The maximum height of the podium of a tower building shall not exceed 60 feet.
ii. The podium area shall not exceed 90% of the lot area.
iii. The portion of a tower building located above the fifth floor shall not exceed 80% of podium area or shall stepback a minimum of 20 feet from the front building line.
b. Site Plan Characteristics
Most structures contribute to a strong "building wall" framing the public space of the street because they align at the front property line and are usually built out to the full width of the lot. Gaps between lots, if they occur, provide pedestrian access to an alley or through the block. These site plan characteristics of building to sidewalk should be preserved and maintained. Within the Historic Core and Historic Transition Areas the buildings fronts should be aligned at the sidewalk line, where feasible. (See Figure 155.3708.K.4.b)
c. Architectural Character
i. Within the Historic Core Area the buildings are small in scale, two stories or less, and characteristic of various architectural styles including beaux arts, commercial mission and Mediterranean revival, art moderne, art deco, mid-century modern, and vernacular. While it is important that new buildings and alterations be compatible with the historic context, it is not necessary that they imitate older historic styles. New infill development in the Historic Core Area shall reinforce traditional development patterns and maintain the mass, scale, form, and ordering elements of the neighboring context.
ii. The Historic Transition Area is intended to create a pedestrian-oriented, mixed-use environment in the periphery of the Historic Core Area and introduce residential uses while providing additional height for new development. The Historic Transition Area is not subject to maintaining the mass, scale and form of the neighboring context. New infill development in the Historic Transition Area shall reinforce traditional development patterns and maintain the ordering elements of the neighboring context.
iii. In the Historic Core and Historic Transition Areas, the first floor height of all newly constructed buildings containing retail uses shall be at least 12 feet.
iv. In the Historic Core and Historic Transition Areas, new interpretations of traditional building styles, drawing upon the fundamental similarities among the older buildings, are encouraged. This will allow infill to be viewed as a product of its own time, yet still compatible with its historic neighbors and a balance of old and new.
v. In the Historic Core and Historic Transition Areas, new buildings shall incorporate a base, middle, and a cap. Traditionally building facades were composed of these three basic elements. Maintaining this compositional system will help reinforce the visual continuity of the Historic Downtown Core Area. (See Figure 155.3708.K.4.c.v.) The three basic elements that compose a traditional building: (1) base, (2) middle, and (3) cap. Interpreting this traditional composition in new buildings will help reinforce visual continuity of a block.
vi. In the Historic Core and Historic Transition Areas, new buildings shall maintain the alignment of horizontal facade elements of the block. Canopies, window headers, windowsills, moldings,
cornices
, parapets, signage
cornices
, and storefront sills are among the elements of a facade that may be aligned.
vii. In the Historic Core and Historic Transition Areas, floor to floor heights should be similar to those seen historically. Windows in new construction should be similarly proportioned and of similar height and rhythm as those seen traditionally along the street.
viii. In the Historic Core and Historic Transition Areas, roofs may be parapet, or sloped to a maximum pitch of 4 in 12.
ix. In the Historic Core Area only, the established building scale shall be maintained and primary facades shall be in scale and aligned with surrounding historic buildings.
x. In the Historic Core Area only, larger buildings shall be divided into modules scaled to buildings seen historically. The height and width of each module should be similar to the traditional height and width of the historical buildings of the surrounding context.
d. Materials
The following standards shall apply to both the Historic Core and Historic Transition Areas:
i. Exterior building materials shall conform to the limited material palette used within the district, primarily stucco on concrete masonry, or brick. Use of foam moldings, faux-finishes, large expanses of featureless materials, highly reflective materials is inappropriate.
ii. New materials shall be environmentally sustainable and relate to those used historically through scale, texture, finish, and detailing.
iii. Stucco on concrete or terra cotta masonry was the traditional material and is preferred for new construction. This includes brick and natural stone finishes. Appropriate stucco finishes include dash, float, glacier, or California finish (as defined in the Plaster/Stucco Manual, 5th Edition, Portland Cement Association). Use of foam stucco moldings for spray applied veneer finishes is not appropriate.
iv. Wood and metal were used for door, storefront, and window frames and should be used in new construction.
v. If new materials are used, they shall appear similar in character to those used historically through detailing. Detailing should provide continuity through combined use of scale, proportion, texture or color.
vi. Durability of new materials must be demonstrated for the hot-humid climate of Pompano Beach.
vii. Non-corrosive metals, such as coated or anodized aluminum, or molybdenum stainless steel are appropriate.
viii. Exterior wood shall be protected from the weather, or shall have a stained or painted finish.
ix. Roofing materials shall be standing seam or batten metal, flat concrete tile, traditional barrel tile, or flat asphalt shingle, similar to those seen historically.
e. Canopies, Awnings, and Overhangs
The following standards shall apply to both the Historic Core and Historic Transition Areas:
i. Canopies and awnings shall provide shade and rain protection over the sidewalk area, similar to those seen historically.
ii. Canopies, awnings, or overhangs shall be demonstrated to achieve 40 percent shaded coverage of the ground floor building facade below the canopy between the hours 9:00 a.m. and 5:00 p.m. year-round.
iii. Canopies, awnings, or overhangs shall reflect historical placement patterns and follow the length of the building along the street front.
iv. Canopies, awnings, or overhangs shall be integrated into the design of the building to provide protection from rain to pedestrians within the sidewalk area.
v. Canopies, awnings, or overhangs shall accentuate the character defining feature of a window or storefront.
vi. Fabric awnings shall be simple shed types. Odd shaped, bullnose, and bubble awnings, and internally illuminated glowing awnings are inappropriate.
vii. Illumination of canopies and overhangs should complement the canopy and not be a primary design feature, and should increase the safety of the environment by illuminating the pedestrian sidewalk area. Illumination under an
awning
to illuminate the pedestrian sidewalk area is acceptable; however, fixtures that shine through an
awning
and make it glow are not.
f. Within the Historic Core Area only, the area between street trees may be paved with semi-permeable or permeable pavers.
Until such time as the 15% affordable housing requirement is met based on 15% of the total residential entitlements within the DPOD, which may be amended from time to time, all new residential development in the DPOD which does not meet the definition of affordable housing per Code of Ordinances Chapter 154 (Planning), shall be required to implement the city's policies, methods and programs to achieve and/or maintain a sufficient supply of affordable housing in the DPOD. The city has adopted a policy to require the use of the County’s mixed income housing density bonus policies 2.16.3 or 2.16.4 for any project in the DPOD with seven or more units. This requirement can be waived by the City Commission in a duly noticed public hearing upon the finding that additional affordable housing is not required at the specific location presented and public benefits will be derived by allowing the Applicant to use the City’s in lieu of fee provision in Section 154.80.
The City may apply to new housing projects one or a combination of the following affordable housing strategies, without limitation:
a. A specific set-aside of all or a portion of 15% of the proposed units as vertically integrated affordable housing;
b. If the project is awarded their entitlements from the District’s basket of rights, the applicant may contribute through in-lieu-of fees as set forth in the City Code of Ordinances Chapter 154 (Planning):
i. to programs that facilitate the purchase or renting of the existing affordable housing stock;
ii. to programs which facilitate the maintenance of the existing supply of affordable housing;
iii. to programs which facilitate the use of existing public lands, or public land-banking, to facilitate an affordable housing supply;
iv. to other programs or initiatives designed and implemented by the city to address specific affordable housing market needs and challenges that may arise including but not limited to, strategies that reduce the cost of housing production; promote affordable housing development; prevent displacement; prevent homelessness; promote economic development; and promote transit amongst low-income populations.
c. If the project is awarded entitlements through Broward County policies 2.16.3 or 2.16.4, affordable housing will be provided as required by those policies as long as the minimum 15% of the units are affordable per the land use regulations. No buyout is allowed if using County Policy 2.16.3. The buyout if using County Policy 2.16.4 will be per that policy as it may be amended from time-to-time.