A. Purpose
The purpose of this part is to designate those principal land uses allowed in each of the various zoning districts – whether as permitted by right or only after special review – and to provide use-specific standards where necessary to minimize or otherwise mitigate potential adverse impacts on other development in the zoning district.
B. Standards Applicable to all Uses
The following use standards shall be applicable to all uses:
1. All uses shall be totally and permanently enclosed within a building.
2. If an Eating and Drinking Establishment includes outdoor seating, it shall comply with the standards in Section 155.4303.V
3. If the use includes accessory outdoor storage of the following components, materials, equipment, or objects, the outdoor storage area shall comply with standards in Section 155.4303.W:
a. Equipment and Materials;
b. Inoperable vehicles trailers, heavy equipment, or boats, including those that will be serviced. (operable vehicles, trailers, heavy equipment, or boats are those that are in a condition that they may be moved under their own power at any time except when under repair in garages); and
c. Automobile parts, dismantled vehicles, and similar materials.
4. If the use includes outdoor storage of items listed above, and the outdoor storage area exceeds the limitation of accessory outdoor storage (35% or less of the total gross floor area of the building containing the principal use(s) on the lot), the outdoor storage area shall comply with the standards in Section 155.4228;
5. If the use is an Alcoholic Beverage Establishment, it shall comply with the standards in Section 155.4501, Separation Requirements;
6. If the use includes drive-through service, it shall comply with the standards in Section 155.4303.I;
7. If the use is subject to county, state, or federal license requirements, it shall provide proof of such valid license; and
8. If the use is subject to allocation of flex or reserve units, the applicant shall apply for and obtain required flex or reserve units.
9. Unless otherwise expressly permitted by statutory or general law, on-site dispensing of controlled substances that are identified in Schedule II, III or IV in F.S. §§ 893.03, 893.035 or 893.0356, is prohibited, regardless of zoning district. The following are exempt from this prohibition:
a. A health care practitioner when administering a controlled substance directly to a patient if the amount of the controlled substance is adequate to treat the patient during that particular treatment session;
b. A pharmacist or health care practitioner when administering a controlled substance to a patient or resident receiving care as a patient at a hospital, nursing home, ambulatory surgical center, hospice or intermediate care facility for the developmentally disabled which is licensed in this state;
c. A health care practitioner when administering a controlled substance in the emergency room of a licensed hospital;
d. A health care practitioner when administering or dispensing a controlled substance to a person under the age of 16; and
e. A health care practitioner when dispensing a onetime, 72-hour emergency resupply of a controlled substance to a patient.
Any request for reasonable accommodation to the prohibition of on-site dispensing of controlled substances, as listed above, shall be submitted in accordance with Section 155.2432, Reasonable Accommodation.
10. The manufacturing of hazardous substances is strictly prohibited. Hazardous substances include:
a. Acids, fertilizer, soap, insecticides, and/or batteries;
b. Any substance or material which, by reason of its toxic, caustic, corrosive, abrasive, or otherwise injurious properties may be detrimental or deleterious to the health of any person handling or using or otherwise coming into contact with the material or substance; and
c. In accordance with Section 98.13.A of the City's
Code of Ordinances
, hazardous substances include any substances or materials defined or listed as a hazardous substance, pollutant or a contaminant in any applicable federal or state law or regulation or any substances or materials in a quantity or form which, in the determination of the respective Fire Chief or his/her authorized designee, poses an imminent risk to the life, health, safety, or welfare of persons or property within the City of Pompano Beach.
11. Sales of used merchandise and/or goods.
a. Unless specifically provided for in a use's definition or in a use-specific standard, the sale of used merchandise and/or goods is prohibited in all Residential, Special Base, Planned Development, and Overlay Zoning Districts, as well as in the Limited Business (B-1), Community Business (B-2), and Commercial Recreation (CR) Zoning Districts.
b. Unless specifically provided for in a use's definition or in a use-specific standard, the sale of used merchandise and/or goods is limited to 20% of the floor space in the General Business (B-3) Zoning District.
c. Unless specifically restricted to the sale of new merchandise and/or goods as provided for in a use's definition or in a use-specific standard, the sale of used merchandise and/or goods is permitted in the Heavy Business (B-4), Marine Business (M-1), and in the Industrial Zoning Districts.
C. Development with Multiple Principal Use Types
A development may include multiple principal uses, provided each principal use is a principal use type allowed in the applicable zoning district and the development complies with any use-specific standards applicable to each of the included use types. If a use within a development is determined to be an accessory use to a principal use in the development, such accessory use shall be subject to theaccessory use standards in Article 4: Part 3 (Accessory Uses and Structures). However if no accessory use standards are established in Section 155.4303, Standards for Specific Accessory Uses and Structures, such accessory use shall be subject to the principal use standards in Article 4: Part 2, Principal Uses and Structures, as well as the standards in Section 155.4302.B, General Standards for All Accessory Uses and Structures.
1. Exemptions
Sexually Oriented Businesses (155.4224.A.), due to the operational characteristics, shall not be permitted to have multiple principal uses. Additionally, permitted accessory uses shall be limited to those identified as Customary Accessory Uses to a sexually oriented business identified in the use-specified standards. All Principal and Customary Accessory Uses shall be regulated by the use-specific standards of a Sexually Oriented Business (155.4224.A.).
D. Applicability of Principal Use Standards
1. New and Existing Development
The following sections establish standards that apply to particular types of principal uses regardless of the zoning district in which they are allowed or the review procedure by which they are approved, unless expressly stated to the contrary. The use-specific standards are organized by use classification (Residential, Institutional, Commercial, or Industrial), then alphabetically by use category within each use classification, then alphabetically by use type within each use category.
2. Certain Buffers Waived for Redevelopment not Requiring a Major Site Plan
Required
perimeter buffers
, other than those specifically required for outdoor storage as a principal use or as an accessory use, may be waived if a change in use does not necessitate a Major Site Plan approval.
E. Abbreviations Used in Principal Use District Tables
In the table cells designating the zoning districts in which a principal use is allowed, the following abbreviations apply:
1. A "P" under a base zoning district column indicates that the use is allowable as a principal use by right in the corresponding zoning district, subject to compliance with any standards set forth for the specific use and all other applicable regulations of this Code.
2. A "P" under a planned development (PD-) district column indicates that the use is allowable as a principal use in the corresponding type of planned development district only if the PD Plan for the district expressly identifies the use category or use type as proposed or allowed.
3. An "S" indicates that the use is allowable as a principal use in the corresponding zoning district only on approval of a Special Exception in accordance with Section 155.2406, Special Exception, and subject to any standards set forth for the specific use and all other applicable regulations of this Code.
4. A blank cell indicates that the use is prohibited as a principal use in the corresponding zoning district.