§ 16-79. Master Business List.

(a)

Purpose. It is the intent of this article to provide, in tabular form for ease of reference, a listing of the uses that shall be permitted or prohibited in the B-1, B-2, B-3 and B-4 business districts. It is also the intent of this article to provide a list of the uses permitted in the B-5 Sunrise/Sawgrass office district. These B-5 uses are listed in subsection (e) below. It is further the intent of this article to provide use, intensity and site design and procedural regulations for the B-6 Sunrise/Sawgrass mixed use district; these regulations are set forth in subsection (g) below. Permitted uses in the B-7 office park district are listed in subsection (f) below.

(b)

Legend. When an "*" appears on the same line as a listed use, said use shall be permitted in the district as indicated by the column heading in which the "*" appears. Where an "*" is followed by a number, the number refers to the corresponding numbers in subsection (d) below which establishes certain restrictions. Where no "*" appears, the use is prohibited.

(c)

Uses not listed. Any commercial use not covered by the Master Business List may be authorized by the department only if the use is similar to a listed use; otherwise an amendment to this chapter is required.

(d)

Supplemental regulations to Master Business List. The numbers below correspond to the numbers on the Master Business List:

(1)

Enclosed use: Must be completely enclosed in a soundproof air conditioned building achieving a sound transmission class (STC) rating of sixty (60).

(2)

Residential use: The following regulations shall apply where a plot in a business district is used for a permitted multifamily residential use. This may only occur with the city commission's allocation of residential dwelling units to the property.

a.

Subject to special exception use approval in conformance with article III:

b.

Such residential use shall not exceed fifty (50) percent of the gross floor area of any structure.

c.

Such residential use shall conform to the district regulations as specified below:

B-1 district: Residential uses shall conform to RM-16 district with a maximum height of two (2) stories or twenty-five (25) feet, whichever is less. Only multifamily dwellings with a maximum of seven hundred fifty (750) square feet per dwelling unit will be permitted unless deed-restricted to residents fifty-five (55) years of age or older.

B-2, B-3, district: Residential uses shall conform to the RM-25 district except that the height limitation of the commercial district shall apply. Only multifamily dwellings with a minimum of seven hundred fifty (750) square feet per dwelling unit will be permitted unless deed-restricted to residents fifty-five (55) years of age or older.

d.

No residential use shall be located on the first floor or ground floor other than a lobby or foyer serving a residential use, and accessory uses such as storage areas, garages, and other similar facilities.

e.

The regulations in this subsection, including subsections 16-79(d)(2)a., b, and d., shall not apply to community care facilities or to a Special Residential Facility as defined in Section IV.B.3. of the 1989 Broward County Land Use Plan, as amended.

(3)

Dry cleaning establishments: For direct service to customers, subject to the following limitations and requirements:

Not more than two (2) cleaning units shall be used in any establishments, neither of which shall have a rated capacity in excess of fifty (50) pounds. The entire cleaning and drying process shall be carried on within completely enclosed solvent reclaiming units.

All solvents used in the cleaning process and vapors therefrom shall be nonexplosive and nonflammable.

(4)

Hotels and motels: The following amenities shall be included as part of any hotel or motel:

a.

Interior corridors or hallways leading to and from rooms except emergency exits. No "catwalk" exterior hallways.

b.

An office or lobby containing a registration desk that is staffed by at least one (1) hotel/motel employee twenty-four (24) hours a day, and that is located in an area where the path between entrances/exits and quest room corridors and public elevators is visible to the employee.

c.

Meeting or conference room(s) that will seat at least three hundred fifty (350) people at tables as provided in the South Florida Building Code. A minimum seating capacity of one hundred seventy-five (175) persons per room must be provided to meet this requirement.

d.

A swimming pool of a minimum surface area of one thousand two hundred fifty (1,250) square feet.

e.

An ancillary full service restaurant serving breakfast, lunch, and dinner seven (7) days a week shall be located within the primary building and shall seat a minimum of one hundred (100) people.

f.

Central air conditioning shall be provided for the entire building, including all individual rooms or suites (no through-the-wall air conditioner units are permitted.)

g.

A bar/lounge facility shall be provided with a minimum seating capacity of fifty (50) seats.

h.

The minimum floor area of each rental sleeping room shall be three hundred fifty (350) square feet.

i.

The minimum number of rental hotel units shall be two hundred fifty (250). A hotel unit shall be a habitable unit used or intended to be used for sleeping but not for cooking or eating. A multi-room hotel suite shall only count as one (1) hotel unit.

j.

The foregoing requirements may be satisfied where two (2) hotel or motel establishments, each of which may include less than the number of hotel units required by "i" of this subsection, are connected to one another and provide combined or shared operations, facilities, and amenities which otherwise satisfy the requirements of this section. All hotel units and interior amenities shall be provided in the same building. The combined total number of hotel units shall be a minimum of three hundred fifty (350).

k.

The foregoing requirements of subsections 16-79(d)(4) (c, d, e, and i) shall not apply to a hotel located within a regional shopping center.

l.

In addition to the above subsections 16-79(d)(4) (a, b, f, g, h, and j), the following amenities shall be included for any hotel located within a regional shopping center:

1.

Meeting or conference room(s) space that will accommodate at least two hundred (200) people occupying a minimum of two thousand five hundred (2,500) gross square feet.

2.

The minimum number of rental hotel units shall be one hundred and seventy (170). A hotel unit shall be a habitable unit used or intended to be used for sleeping but not for cooking or eating. A multi-room hotel suite shall only count as one (1) hotel unit.

3.

A roof-top water feature and patio with a minimum fifty (50) person capacity.

4.

A restaurant with a minimum fifty (50) person capacity for breakfast seven (7) days a week.

5.

A museum quality art display with a revolving local artist presentation that is a minimum of five hundred (500) square feet in area.

6.

A computer work area with a minimum of four (4) computer workstations

7.

A fitness amenity area with exercise equipment with a minimum capacity of twenty-five (25) equipment stations.

(5)

Garden supplies: Sales are restricted to retail, and such items as insecticides, manure and fertilizer must be packaged to be easily handled and free from unreasonable objectionable odors.

(6)

Reserved.

(7)

Special exception uses: Shall comply with the requirements of Article III.

(8)

Automobile repair, minor: Special exception uses subject to article III plus the following additional standards:

a.

Uses shall be limited to minor automobile repair. Major automobile repair, such as major engine repairs, body work or painting, shall be permitted only in the I-1 district.

b.

All service doors and similar doors as identified in subsection 16-140(3) must conform to the provisions of subsection 16-140(3).

(9)

Water treatment chemicals and swimming pool chemical supplies: Sales are restricted to retail; and chemicals must be in manufacturer's prepackaged units, not to exceed one (1) gallon. There will be no bulk or tank storage of water treatment chemicals or swimming pool chemical supplies.

(10)

State probation and parole office (office in retail center, office building or government-owned building). State probation and parole offices shall not be permitted unless they meet the following requirements:

a.

No office shall be located within one thousand five hundred (1,500) feet of a public school. Distance shall be measured from property line to property line.

b.

No office shall be located within five hundred (500) feet of a house of worship or residentially zoned district. Distance shall be measured from property line to property line.

c.

No office shall be located in a retail center or office building which has as a tenant a private day-care center or other uses which cater to children such as amusement centers, karate studios, gymnastics centers or dance studios.

d.

Designated parking shall be provided for parolees visiting the office.

(11)

Teen nightclub. This section applies to any business that provides musical entertainment whether the musical entertainment is provided by live performers, dee jays, videos or any other means to patrons the majority of whom are high school age (fifteen (15) to nineteen (19) years of age). No business shall, by any means, advertise itself as a teen nightclub, or a "teen night" or advertise the availability of musical entertainment to persons of high school age unless the business has obtained special exception approval pursuant to this section. Bowling centers, ice skating rinks and other family-oriented recreation centers are exempt from the requirements of this section. Any business offering teen entertainment shall be subject to the following standards.

a.

Hours of operation: 11:00 p.m. Sunday through Thursday and midnight Friday and Saturday.

b.

Location: The business shall not be located in, or be part of, any establishment that at anytime sells alcoholic beverages.

(12)

Tattooing: As defined in F.S. §§ 381.00771—381.00791, as amended from time to time, tattooing is permitted in B-2, B-3, B-4, and B-5 business zoning districts subject to the following limitations:

a.

Ancillary uses. Tattooing shall only be permitted as an ancillary use to the following uses provided the other provisions of this section and any other requirements of federal, state and county law are met: Beauty salon, health spa, medical office, and hospital.

b.

Prohibited uses. Unless otherwise permitted by this section, tattooing and tattoo establishments shall not be permitted on any property as a principal or primary use.

(13)

Motorcycle shop. Special exception uses subject to Article III.

a.

Building or bay must be soundproofed.

b.

Retail sales of new and used motorcycles permitted; motorcycle service permitted, except for fleets of motorcycles, which shall not be interpreted to mean fewer than three (3) motorcycles.

c.

Installation of parts and accessories only with sales.

d.

All installation must be performed inside.

e.

Must be separated from adjacent properties with a minimum ten-foot high concrete wall and five (5) feet landscape buffer with landscape requirements as stated in subsection 16-169(b)(3).

f.

Must be at least one thousand (1,000) feet from any other motorcycle shop.

g.

Motorcycle engines shall be started and serviced only inside the completely enclosed building or bay.

h.

[ Reserved. ]

(14)

Extended stay hotel: The following regulations shall apply to extended stay hotels:

a.

This use shall be subject to a restriction set forth in a recorded covenant approved by the city attorney, which shall be enforceable by the city.

b.

The hotel shall maintain records documenting the stay of quests or owners and such records shall be made available for inspection by the city during regular business hours upon reasonable notice.

c.

The use shall be subject to the RM-25 zoning district design standards and regulations contained in section 16-73 of this Code, with the exception of the following:

1.

A minimum floor area per dwelling unit of six hundred seventy-five (675) square feet for efficiency and one (1) bedroom units, plus one hundred fifty (150) square feet for each additional bedroom shall be provided.

2.

Individual garages shall not be required for each unit. Parking requirements shall be satisfied by outdoor surface parking at a ratio of one (1) parking space for each unit (see section 16-144).

(15)

Auto parts, retail: Special exception uses subject to Article III plus the following additional standards:

a.

Uses shall be limited to the retail sales of new auto parts, equipment, and accessories.

b.

Ancillary uses may include retail sales of parts or compilation of parts which in the auto industry are routinely offered as refurbished or rebuilt.

c.

Installation of auto parts, equipment, and accessories is prohibited with the exception of the following:

1.

Installation of automobile batteries and windshield wipers may be performed by employees of the auto parts store provided the store provides a monitoring plan approved by the community development director to discourage and monitor any unauthorized auto repair activities within or around the site. The monitoring plan may provide for up to two (2) parking spaces required under section 16-144 to be designated for employee replacement of car batteries and windshield wipers only. An approved monitoring plan does not relieve the property owner from any imposition of fines associated with a violation of this section.

2.

Installation of automobile batteries and windshield wipers by employees of the auto parts store permitted under this subsection shall be considered ancillary to the retail use.

(16)

Medical marijuana dispensary; drug store.

a.

Separation requirements.

1.

No medical marijuana dispensary or drug store shall be located within five hundred (500) feet of a daycare or public park.

2.

No medical marijuana dispensary or drug store shall be located within five hundred (500) feet of a residential zoned property, including a property zoned PUD.

3.

No medical marijuana dispensary shall be located within five hundred (500) feet of another medical marijuana dispensary.

4.

No drug store shall be located within five hundred (500) feet of another drug store.

5.

Distance shall be measured from property line to property line.

b.

A medical marijuana dispensary or drug store located within the structural walls of a larger use having a combined total of at least forty thousand (40,000) square feet, shall not be subject to the separation requirements of this section.

c.

Notwithstanding the separation requirements above, drug stores in existence as of July 10, 2018, shall be considered grandfathered and shall be subject to the following provisions:

1.

Drug stores, as defined by Section 16-277, shall be considered in existence if they have a business tax receipt or are under construction with an active building permit as of July 10, 2018; and

2.

Drug stores grandfathered under this section are not subject to the separation requirements above and may be rebuilt, renovated, expanded or otherwise replaced as long as they are considered grandfathered; and

3.

Drug stores grandfathered under this section which become vacant or are destroyed by any means, shall forfeit such grandfathered status if building permits or development approvals for another drug store are not obtained within one (1) year of initial vacancy or destruction.

Business Listings	B-1	B-2	B-3	B-4
Air conditioning equipment, retail, repairs		*7	*
Ambulance service—Commercial			*
Amusement/recreation enterprises (indoor)	*7, *1	*7, *1	*7, *1
Automatic amusement centers			*7,*1
Amusements/recreation enterprises (outdoor)			*7
Animal clinics, pet hospitals			*7, *1
Animal grooming only	*1	*1	*1
Antique shops	*	*	*
Armored car service			*
Art galleries	*	*	*
Art supplies	*	*	*
Artist's studios	*	*	*
Athletic club		*1	*1
Automobile dealerships for new cars and trucks, up to thirty (30) feet, with ancillary repair shop and used car lot; minimum site size of two (2) acres; vehicle storage and display shall be governed by section 16-128 of the City Code			*7,*13
Auction houses—art goods, antiques, jewelry, rugs and the like		*	*
Auto parts, retail			*15
Automobile rental/leasing			*7
Auto tag agency		*7	*7
Automobile repair, minor			*7, 8
Automobile wash			*8
Awning stores			*
Bakeshops, retail	*	*	*
Banks		*	*	*
Banquet halls			*7
Barber shops		*	*
Bar or tavern		*7	*7
Bicycle stores and repair shops (no outdoor display)		*	*
Beauty salon or spa, hair, nails or skin care	*12	*12	*12
Bingo parlors, commercial			*7, *1
Billiard or pool rooms		*7, *1	*7, *1
Boat and marine motor sales and service			*7
Boat rental			*
Book store	*	*	*
Bowling alleys			*
Building and loan associations		*	*	*
Building supplies, retail, home improvement centers (no outdoor sales or storage)			*
Bus terminals			*7
Camera shops	*	*	*
Candy store, retail	*	*	*
Carpets, rugs, floor covering, retail		*	*
Carpets, or rug cleaning establishment (on-premise)			*7
Catering services and food catering			*7
China, crockery, glassware, earthenware, retail	*	*	*
Clothing stores except secondhand	*	*	*
Confectionery and ice cream store	*	*	*
Community care facilities as defined in Article XVII		*7	*7
Conservatories (art and music) soundproofed for music		*	*
Contractors—office use only; no outside storage			*
Convenience store		*7	*7
Cosmetics, retail and incidental compounding no manufacturing		*	*
Costumes, rental		*	*
County-owned and municipality-owned building (with the exception of jails, which are prohibited)	*	*	*	*
Curio stores	*	*	*
Dairy products, retail	*	*	*
Dance academies		*1	*1
Dance halls, ballroom dancing			*7, *1
Day care centers	*7, *1	*7, *1	*7, *1	*7, *1
Delicatessen, retail	*	*	*
Dental clinic	*	*	*	*
Dental lab			*
Department and dry goods store		*	*
Detective, agencies		*	*	*
Dress shops and seamstress	*	*	*
Drive-through restaurant		*7	*7
Drug stores			*16
Dry cleaning and pressing—Pickup and delivery only	*	*	*
Dry cleaning with plant on premise		*3, *7	*3, *7
Electrical appliances, retail and incidental repairs		*	*
Electronic assembly up to 25 percent of floor area as ancillary use			*
Employment agencies		*	*	*
Express, companies			*
Extended stay hotel				*14
Fabric, sewing, yarn and notions shop	*	*	*
Federally owned and state-owned buildings (with the exception of prisons, which are prohibited)	*	*	*	*
Federal, state and county offices located in retail centers or office buildings not owned by government (unless otherwise provided for in the master business list)		*7	*7	*7
Fertilizer stores, retail		*	*
Fish, retail		*	*
Fishing supplies—Bait and tackle		*	*
Florist	*	*	*
Food take-out, retail		*	*
Fruit stores, retail		*	*
Funeral homes		*7	*7
Furniture stores		*	*
Garden supplies		*5	*5
Gasoline station. See section 16-136.		*7	*7
Gift shops	*	*	*
Golf courses (miniature)			*7
Golf driving range			*7
Grocery store	*	*	*
Hardware store	*7	*	*
Health club		*1	*1	*
Health spa		*1,12	*1,12	*1,12
Heating equipment, retail			*
Heating equipment, wholesale, retail, storage repair and service			*7
Hobby shop	*	*	*
Hospitals			*7,12
Hotels		*4	*4	*4
Ice cream or frozen yogurt, retail	*	*	*
Interior decoration shop	*	*	*
Jewelry store—Watch repair	*	*	*
Key shop	*	*	*
Laundries, coin-operated	*7	*7	*7
Lawn mower sales and service (no outdoor display)		*	*
Leather goods store, retail	*	*	*
Library	*	*	*
Lighting fixtures, retail		*	*
Liquor and alcholic beverage store	*7	*7	*7
Loan agencies excluding pawnbrokers, check cashing and paycheck advances, as a primary or accessory use.		*	*	*
Luggage shops		*	*
Mail, private express and package		*	*	*
Marine supplies, retail		*	*
Meat market, retail	*	*	*
Medical marijuana dispensary			*16
Medical offices or clinics for doctors, dentists, podiatrists and related professions	*12	*12	*12	*12
Messenger office	*	*	*
Millwork, retail			*
Motels		*4	*4
Motorcycle shops			*7, 13
Motor home and house trailer sales new and used			*7
Music and radio stores, retail	*1	*1	*1
Municipal buildings, parks, playgrounds, parking, municipal offices in retail centers or office buildings not owned by government	*	*	*	*
Museum	*	*	*
Newsstand	*1	*1	*1
Nightclubs			*7, *1
Notions—Variety stores		*	*
Office building		*	*	*
Office supplies and furniture store		*	*
Optical stores	*	*	*
Paint—Wall paper stores, retail only	*	*	*
Parking garage or structure—Private (not general public) and publicly owned; governed by section 16-139 of the City Code.			*	*
Pet shops		*1	*1
Photograph galleries	*	*	*
Photographers		*	*
Photostating		*	*
Places of Public Assembly (seating capacity of 100 or fewer)	*	*	*
Places of Public Assembly (seating capacity of greater than 100)		*	*
Plant nursery and sales as accessory to a permitted use (plants within screened in area only)		*	*
Plumbing fixtures, retail			*
Post office		*7	*7
Printing, quick print		*	*
Professional offices	*	*	*	*
Radios, televisions—Sales, incidental repairs		*	*
Radio television and video recording studios (Providing that noisy operations are conducted in a soundproof room)		*1	*1
Real estate offices	*	*	*	*
Reducing salons		*	*
Repair shops (small appliances)			*1
Residential, multifamily	*2	*2	*2
Restaurants and dining rooms	*	*	*
Restaurants with drive-through		*7	*7
Restaurants, fast food		*	*
Restaurants, fast food with drive-through		*7	*7
Rugs, retail		*	*
Schools:
Adult education			*7
Instructional		*	*
Secondhand stores			*7
Shoe repair shop	*	*1	*1
Shoe stores	*	*	*
Skating rinks (indoor or outdoor), skateboard parks, water slide, and other outdoor amusements		*7	*7
Souvenir stores	*	*	*
Sporting goods store	*	*	*
State probation and parole offices			*7, *10
Stationery stores	*	*	*
Stock exchange and brokerage office	*	*	*	*
Sundry stores, not including drug stores	*	*	*
Supermarkets		*	*
Swimming pool, supplies and accessories (excluding chemicals)		*1	*1
Swimming pool chemical supply, retail		*9	*9
Tailor shop	*	*	*
Teen night club			*7, *11
Telephone exchange building		*	*
Ticket office	*	*	*
Tobacco store	*	*	*
Trailers of all kinds, campers, mobile homes—Storage and sales			*7
Travel bureau		*	*	*
Truck sales—New and used			*7
Urgent care center			*
Veterinary clinics (no overnight boarding with exception of medical treatment)		*7, *1	*7, *1
Video and/or record, store	*	*	*
Water treatment, pool equipment and chemicals (within building) and no manufacturing		*9	*9
Wholesale sales as accessory to a permitted use			*7

 

[Editor's note: *1 indicated enclosed use; *7 indicates a special exception use; *12 Tattooing.]

(e)

Uses permitted in the B-5 District.

(1)

Uses permitted by right:

Business and professional offices in single tenant buildings.

Business and professional offices in multi-tenant buildings.

Banks.

Building and loan associations.

Hotels, subject to the criteria established in subsection 16-79(d)(4).

Loan agencies.

Medical offices or clinics for doctors, dentists, podiatrist and related professions.

Parking garage or structure—Private (not general public) and publicly owned; governed by section 16-139 of the City Code.

Any use permitted by right in the B-1, B-2, B-3 and B-4 districts so long as such uses are located in an office building and so long as the combined square footage occupied by all such uses does not exceed ten (10) percent of the total leasable area of the building in which they are located.

(2)

Uses permitted with special exception approval.

Federal and state office buildings. Research, light manufacturing and warehouse uses which are a functionally integral part of a large office complex and which are located in buildings designed to appear the same as office uses.

Restaurants and dining rooms upon a finding that the facility proposed at the location will substantially improve the functioning of the general area as a concentration of quality office buildings. The city commission may make such a finding if it determines based on evidence that the restaurant for which approval is sought will provide a particularly high quality or needed service to office workers or will enhance the image of the area where located by virtue of its particularly high quality.

(f)

Uses permitted in B-7 Office Park District. No building or structure, or any part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than one (1) or more of the following uses. The use restrictions placed on buildings shall also apply to land and water.

(1)

Uses permitted by right:

Business and professional offices in single tenant buildings.

Business and professional offices in multi-tenant buildings.

Banks, if fully enclosed in a building and not a drive-thru.

Building and loan associations.

Hotels, subject to the criteria established in subsection 16-79(d)(4).

Loan agencies.

Medical offices or clinics for doctors, dentists, podiatrist and related professions.

Parking garage or structure—Private (not general public) and publicly owned; governed by section 16-139 of the City Code.

Restaurants and dining rooms.

Any use permitted by right in the B-1, B-2, B-3, B-4, and B-5 districts so long as such uses are located in an office building and so long as the total area occupied by all such uses does not exceed ten (10) percent of the total leasable area of the building in which they are located.

(2)

Uses permitted with special exception approval.

Federal and state office buildings.

(g)

Use, intensity, site design and procedural regulations for the B-6 District.

(1)

Permitted nonresidential land uses and intensities in general: Each parcel may contain retail, office and hotel uses. Parcels which contain only retail uses or only office uses or only hotel uses may be developed to a maximum floor area ratio of 0.60 based on the entire site area and 0.85 based on the upland area of the parcel. Parcels which contain retail uses plus office uses, or retail uses plus hotel uses, or office uses plus hotel uses, or all three (3) uses together, may be developed at a higher intensity subject to the approval of the special exception review authority pursuant to Article III. However, in no case shall the floor area ratio exceed 1.30 based on the entire site area and 1.50 based on the upland area of the parcel.

(2)

Permitted nonresidential land uses specifically enumerated: The following uses are explicitly permitted subject to the supplemental business regulations contained in subsection 16-79(d) applicable to the specific use.

Amusement recreation enterprises (indoor)

Antique shops

Art galleries

Art schools

Artist's studios

Athletic club

Bakeshops, retail

Banks

Barber shops

Bar

Beauty parlors

Book store

Building and loan association

Camera shops

Candy store, retail

Carpets, rugs, floor covering, retail

China, crockery, glassware, earthenware, retail

Clothing stores (except secondhand)

Confectionery and ice cream store

Conservatories (art and music), soundproof for music

Cosmetics, retail and incidental compounding, no manufacturing

County-owned and municipality-owned building (with the exception of jails, which are prohibited)

Curio stores

Dance academies

Day care centers

Delicatessen, retail

Dental clinic

Department and dry goods store

Dress shops and seamstress

Employment agencies

Fabric, sewing, yarn and notions shop

Florist

Food take-out, retail (no drive thru)

Fruit stores, retail

Furniture boutique

Gift shops

Specialty grocery store

Health spas

Hobby shop

Hotels

Ice cream or frozen yogurt, retail

Interior decoration shop

Jewelry store—Watch repair

Leather goods store, retail

Library

Lighting fixtures, retail

Liquor store

Luggage shops

Mail, private express and package

Meat market, retail

Medical offices or clinics for doctors, dentists, podiatrists and related professions

Messenger office

Music and radio stores, retail

Museum

Newsstand

Notions—variety stores

Office supplies and furniture store

Optical stores

Office buildings

Parking garage or structure—Private (not general public) and publicly owned; governed by section 16-139 of the City Code.

Photograph galleries

Photographers

Photostating

Printing, quick print

Professional offices

Radio, television and video recording studios (providing that noisy operations are conducted in a soundproof room)

Real estate offices

Reducing salons

Restaurant and dining rooms(*13)

Schools—business

Schools—Modeling

Shoe stores

Sporting goods store

Stationery stores

Stock exchange and brokerage office

Sundry stores, not including drug stores

Tailor shop

Tavern (see also section 16-91)

Ticket office

Tobacco store

Travel bureau

Video and records store

(3)

Townhouse and apartment type residential uses may be developed on any parcel, provided: 1) the parcel has a total nonresidential floor area ratio of at least 0.40 based on the entire site area and at least 0.65 based on the upland area of the parcel; 2) the residential uses do not amount to more than fifty (50) percent of the entire floor area of the site, and 3) the residential uses are physically integrated with the nonresidential uses on the site. Physical integration shall be accomplished by mixing residential uses with other uses in the same structure, by placing structures with residential and nonresidential uses near each other, and by providing an attractive pedestrian circulation system which links residential and nonresidential uses.

(4)

Prohibited land uses specifically enumerated: Any use not explicitly permitted in (1) through (3) above shall be prohibited.

(5)

Parking: The site plan review authority may reduce the parking requirements for mixed-use projects to as low as eighty (80) percent of the parking that would otherwise be required by this land development code. In determining the actual number of parking spaces to be required, the site plan review authority shall consider: 1) the degree to which the site plan to be approved contains a mix of land uses that facilitates pedestrian movement and the sharing of parking spaces by uses which generate parking demand at different times of the day; 2) the extent to which the reduced parking requirements enhances the ability of the overall site plan to fulfill the purpose and intent of the B-6 District as set forth in subsection 16-78(a)(6); and 3) the provision of parking in parking structures. A reduction shall only be approved upon presentation of substantial and competent evidence that the parking provided will be adequate. Such evidence shall be in the form of a parking study prepared by qualified professionals and based on empirical facts.

(h)

It is the intent of this subsection to provide for the use, intensity and procedural regulations for the B-3A General Business Overlay District. The regulations of the B-3A General Business District are as follows:

(1)

Permitted nonresidential land uses specifically enumerated. The following uses are explicitly permitted subject to the supplemental business regulations contained in subsection 16-79(d) applicable to the specific permitted use except as otherwise provided in this Code:

Air conditioning equipment, retail, repairs

Alcoholic beverages, sales

Ambulance service

Animal clinics, pet hospitals

Animal grooming only

Antique shops

Art galleries

Art supplies

Artist's studios

Associations (civic, etc.)

Athletic club

Auto tag agency

Awning stores

Bakeshops, retail

Banks

Bars (subject to subsection (10) below)

Barber shops

Beauty salon or spa, hair, nails or skin care

Bicycle stores and repair shops

Book store

Camera shops

Candy store, retail

Carpets, rugs, floor covering, retail

Catering services

China, crockery, glassware, earthenware, retail

Clothing stores except secondhand

Coffee house

Clubs—Civic, private, noncommercial

Confectionery and ice cream store

Conservatories (art and music) soundproofed for music

Contractors—Office use only; no outside storage

Convenience store

Cosmetics, retail and incidental compounding, no manufacturing

Costumes, rental

County-owned and municipality-owned building (with the exception of jails, which are prohibited)

Curio stores

Dairy products, retail

Dance academies

Dance halls, ballroom dancing

Day care centers

Delicatessen, retail

Dental clinic

Dental lab

Department and dry goods store

Detective agencies

Dress shops and seamstress

Electrical appliances, retail and incidental repairs

Employment agencies

Fabric, sewing, yarn and notions shop

Federal, state and county offices located in retail centers

Fish, retail

Florist

Food caterers

Food take-out, retail

Fruit stores, retail

Funeral homes

Furniture stores

Garden supplies

Gift shops

Grocery store

Gymnasium

Hardware store

Health spas and clubs

Heating equipment, retail

Hobby shop

Ice cream or frozen yogurt, retail

Interior decoration shop

Jewelry store—Watch repair

Key shop

Laundries, coin-operated

Lawn mower sales and service (no outdoor display)

Leather goods store, retail

Library

Lighting fixtures, retail

Luggage shops

Mail, private express and package

Meat market, retail

Medical offices or clinics for doctors, dentists, podiatrists and related professions

Messenger office

Millwork, retail

Motorcycle shops (no outdoor display)

Music and radio stores, retail

Municipal buildings, parks, playgrounds, parking

Municipal offices in retail centers

Museum

Newsstand

Notions—Variety stores

Office supplies and furniture store

Optical stores

Office buildings

Outdoor restaurant seating areas

Paint—Wallpaper stores, retail only

Pet shops

Photograph galleries

Photographers

Places of public assembly

Plumbing fixtures, retail

Post office

Printing, quick print

Professional offices

Radios, televisions—Sales, incidental repairs

Real estate offices

Reducing salons

Repair shops (small appliances)

Restaurants and dining rooms

Restaurant, fast food

Rugs, retail

Schools:

Adult education

Instructional

Shoe repair shop

Shoe stores

Souvenir stores

Sporting goods store

Stationery stores

Stock exchange and brokerage office

Sundry stores, not including drug stores

Supermarket

Swimming pool, supplies and accessories (excluding chemicals)

Tailor shop

Ticket office

Tobacco store

Travel bureau

Utilities facilities, public subject to sections 16-81 and 16-88

Veterinary clinics (no overnight boarding with exception of medical treatment)

Video and/or record store

Wholesale sales as accessory to a permitted use

(2)

Prohibited land uses specifically enumerated. Any use not permitted specifically in (1) above shall be prohibited.

(3)

Minimum plot area and setbacks. Every plot in the B-3A District shall be required to have a minimum plot width of fifty (50) feet and a minimum plot depth of one hundred (100) feet. The front, side and rear plot lines are the buildable lines for the purpose of the B-3A District.

a.

Residential separation. There shall be a minimum fifteen-foot buffer between any commercial building and the property lines of any adjacent residential property. The requirements of subsection 16-169(b)(3) shall not be applicable.

b.

Pervious area. The requirements of 16-78(i), pervious area, shall not be applicable.

(4)

Building design. A unique architectural theme is to be shown on the architectural plans showing architectural elements and features, which create a harmonious design.

a.

Architectural control. The design standards required by section 16-138, exterior building color are to be provided by an architectural plan prepared by a qualified registered architect. The harmony, motif, architectural elements and features are to be included in the architectural plan.

b.

Any modification or deviation from an approved site plan or other city-approved architectural plan is subject to approval of the community development department. Any change must be consistent with the approved plan.

c.

Shopping center design. The requirements of subsection 16-31(b)(13), shopping centers, are not applicable.

(5)

Parking. The provisions of article VII, Off-street parking and loading apply unless otherwise stated below.

a.

Parking shall be provided equal to one (1) space per three hundred (300) square feet of gross leasable area.

b.

On-street parking located within the district can be counted by one (1) or more permitted uses as provided parking.

c.

Parking spaces shall be nine (9) feet in width and eighteen (18) feet in length for all permitted uses.

d.

In reviewing a change in use or occupancy to determine if adequate parking exists, on-street parking shall be included as provided in subsection b. above.

e.

Off-street loading. The requirements of section 16-148, Off-street loading, are not applicable.

(6)

Uniform signage plan. A uniform signage plan as provided for by section 16-264 shall be provided for all uses.

(7)

Landscaping requirements. The minimum landscape requirement shall be at least one (1) tree, for every two thousand (2,000) square feet of total lot area. The ground area not covered by building or paving shall be covered with grass, groundcover, trees, shrubs or other decorative landscape materials. The requirements of section 16-169, Minimum landscape requirements, in RM-10, RM-16, RM-25, B-1, B-2, B-3, B-4, B-5, B-6, I-1, and CF zoning shall not be applicable.

(8)

Site lighting requirements. Lighting placement and illumination provided for off-street parking facilities and pedestrian walkways shall demonstrate an increase of available lighting over and above existing levels. Site lighting may be mounted on building exteriors facing off-street parking or mounted on poles in off-street parking area(s).

a.

Lighting plan. The lighting plan shall show the location and lumens provided by each fixture.

b.

Residential overspill. Overspill of lighting onto adjacent residential properties shall not exceed five tenths (0.5) footcandles measured on a vertical plane beginning three (3) feet above grade at the property line. The requirements of subsection 16-150(1), Design requirements, shall not be applicable.

c.

Outdoor lighting pole height. The maximum pole height shall be in accordance with subsection 16-118(h), Outdoor lighting.

(9)

Dumpster enclosure. Dumpsters shall be fully enclosed or screened so as not to be visible from the street.

(10)

Sale of alcoholic beverages at restaurants. Restaurants shall not be subject to the requirements of section 3-1 of the City Code provided the sale of alcoholic beverages does not exceed twenty-five (25) percent of total restaurant sales and no more than twenty-five (25) percent of the total restaurant seating is devoted to bar seating.

(11)

Outdoor restaurant seating area. An outdoor restaurant seating area may be permitted for any establishment that is maintained and operated as a place where food is prepared within the premises either for takeout service or for consumption within the premises. Outdoor restaurants shall comply with section 16-112.

(12)

Nightclubs shall be permitted as special exception uses pursuant to section 16-36, and shall conform to the enclosed use requirement of subsection (d)(1) of this section.

(i)

[ Reserved. ]

(j)

B-7 District uniform signage plan. A uniform signage plan as described in section 16-264 of the Code shall be provided for all development in the B-7 District.

(Ord. No. 402-97-E, § 1, 8-26-97; Ord. No. 402-97-I, § 1, 10-28-97; Ord. No. 402-98-B, § 5, 6-9-98; Ord. No. 402-98-C, § 3, 6-25-98; Ord. No. 402-98-F, § 1, 8-25-98; Ord. No. 402-98-G, § 2, 10-13-98; Ord. No. 402-98-J, § 1, 12-8-98; Ord. No. 402-99-A, § 1, 1-12-99; Ord. No. 402-99-C, § 1, 2-23-99; Ord. No. 402-99-H, § 1, 8-10-99; Ord. No. 402-00-A, § 2, 3-28-00; Ord. No. 402-00-C, § 4, 8-22-00; Ord. No. 402-01-A, § 1, 4-10-01; Ord. No. 402-01-C, § 1, 5-8-01; Ord. No. 402-01-G, § 1, 9-10-01; Ord. No. 402-02-A, § 1, 1-22-02; Ord. No. 402-02-G, § 2, 10-22-02; Ord. No. 402-03-B, § 1, 5-13-03; Ord. No. 402-04-B, § 2, 2-24-04; Ord. No. 402-04-C, § 1, 3-23-04; Ord. No. 76-04-B, § 7, 6-22-04; Ord. No. 402-05-D, § 1, 10-11-05; Ord. No. 402-07-A, § 2, 1-8-07; Ord. No. 402-07-C, § 3, 6-27-07; Ord. No. 76-07-A, § 52, 9-11-07; Ord. No. 402-07-D, § 8, 12-11-07; Ord. No. 153-08-A, § 6, 1-22-08; Ord. No. 402-08-A, § 3, 1-22-08; Ord. No. 153-09-A, § 6, 1-24-09; Ord. No. 402-09-E, § 3, 5-12-09; Ord. No. 402-09-G, § 11, 11-24-09; Ord. No. 402-10-F, § 4, 10-12-10; Ord. No. 402-10-G, § 2, 10-12-10; Ord. No. 402-10-H, § 2, 12-14-10; Ord. No. 402-11-D, § 4, 5-10-11; Ord. No. 402-12-D, § 2, 4-10-12; Ord. No. 402-13-B, § 2, 4-9-13; Ord. No. 402-13-C, § 3, 5-14-13; Ord. No. 402-13-D, § 4, 6-11-13; Ord. No. 402-13-G, § 7, 11-12-13; Ord. No. 402-14-F, § 2, 2-11-14; Ord. No. 402-14-G, §§ 2, 3, 3-11-14; Ord. No. 402-16-A, § 8, 1-12-16; Ord. No. 402-17-A, § 3, 2-28-17; Ord. No. 402-17-B, § 2, 2-28-17; Ord. No. 402-17-C, § 3, 9-12-17; Ord. No. 402-18-B, § 2, 6-26-18; Ord. No. 402-18-C, § 2, 7-10-18)