Attachment 15 - Airport Zoning Overlay (ULDC Article3.B.2).pdf

ATTACHMENT “15”

LEASE AND DEVELOPMENT OF VACANT NON-AERONAUTICAL LAND

NORTH PALM BEACH COUNTY GENERAL AVIATION AIRPORT

(RFP #NC 19-8)

Airport Zoning Overlay (“AZO”) Information & Table

Unified Land Development Code Supplement No. 25(Printed 02/19)

Article 3 - Overlays & Zoning Districts

CHAPTER B OVERLAYS

Section 1 General

A. Boundaries The boundaries of each overlay shall be depicted on the Official Zoning Map.

B. Applicability The provisions of each overlay shall apply to all proposed development and expansion of existing uses within the overlay unless otherwise noted below.

C. Relationship to Other Regulations in this Code The provisions of an overlay are intended to supplement the other regulations in this Code.

D. Conflict with Other Applicable Regulations If a conflict exists between provisions of an overlay and other Articles in this Code, the provisions of the overlay shall prevail except where superseded by state or federal laws.

Section 2 AZO, Airport Zoning Overlay

A. Purpose and Intent The purpose and intent of the Airport zoning regulations is to promote the maximum safety of aircraft using publicly-owned airports, the safety of residents and property in areas surrounding the airports, and the full utility of the airports, including non-airport related uses. These regulations apply to properties around publicly owned airports in PBC; and uses located on the Airport Master Plans required by Plan Objective TE 1.7. [Ord. 2006-036]

B. Applicability

1. Off-Airport Uses

For those properties around publicly owned airports, the provisions of the Airport zoning regulations create zones, based on the approach and departure pattern of aircraft, and regulate the height of structures and the use of land within these zones. The Airport zoning regulations for properties around publicly owned airports are contained in Art. 16, Airport Regulations. [Ord. 2006-036]

2. Uses on Airport Properties The provisions of this Section shall apply to airport-related and non-airport related uses within the boundaries of the Airport Master Plans for those parcels with a U/T Land Use designation and in the PO district for the four County-operated airports identified as follows: PBIA, PBC Glades Airport, PBC Park Airport (aka Lantana Airport), and North Palm Beach County General Aviation Airport.

Development of these airports shall be in accordance with the Airport Master Plans as required by Plan Objective TE 1.7, Future Airport Expansion. [Ord. 2006-036]

a. Use Regulations

1) Airport-Related Uses Airport-related uses are directly related to general airport operations and maintenance including, but not limited to, maintenance facilities, cargo distribution terminals, car rental operations, warehouses, hotels, airport administrative offices, and communication facilities, as well as uses found within the terminals, including, but not limited to, restaurants, general retail sales and personal services. [Ord. 2006-036]

2) Non-Airport Related Uses Non-airport related uses are not related to the operation and maintenance of the airport, and can coexist in close physical proximity to airports and their related facilities. Non-airport related uses are additional uses that are encouraged by the Federal Aviation Administration (FAA) to generate income to help offset the costs of operating the airport and are compatible with surrounding development. These uses may include, but are not limited to, commercial, public and civic, recreation, agricultural, utilities and excavation, and industrial uses, but more specifically including, but not limited to, professional, business, and medical offices, retail centers, restaurants and hotels. [Ord. 2006-036]

3) Prohibited Uses Prohibited uses include adult entertainment and billboards. [Ord. 2006-036] [Ord. 2009-040]

4) Specific Use Regulations The following uses are permitted in the AZO on airport properties: [Ord. 2006-036]

Table 3.B.2.B – Airport Use Regulations

Use Type Airport

Related Uses Non-Airport Related

Uses Corresponding Zoning

District PDRs (1) Note (2)

Use Applicable to

Specific Airport

Residential Uses Caretaker Quarter D D CG or IG All

Commercial Uses Auction, Indoor D CG 2 All Auction, Outdoor A CG 2 All Car Wash D CG or IL 4 All Catering Service P D CG or IL 5 All Cocktail Lounge P A CG 6 All Convenience Store D CG 7 All Dispatching Service P D CG 8 All Dog Daycare P D CG 9 All Electric Vehicle Charging Station Facility A CG 10 All Financial Institution P P CG 11 All Financial Institution with Drive Thru Facilities P D CG 12 All

Financial Institution Freestanding ATM P D CG 13 All Gas and Fuel Sales, Retail A CG 16 All Hotel or Motel, P D CG 18 All Kennel, Type 2 (Commercial) P D CG or IG 19 All Kennel, Type 3 (Commercial Enclosed) P D CG or IG 20 All Landscape Service D CG or IL 20 All Laundry Service D CG or IL 22 All Medical or Dental Office P D CG 24 All Office, Business or Professional P D CG 26 All Parking, Commercial P D CG or IL 27 All Pawnshop A CG 28 All Personal Services P D CG 29 All Repair and Maintenance, Heavy P A CG or IG 30 All Repair and Maintenance, Light P D CG or IG 31 All Repair Services, Limited P D CG or IG 32 All Restaurant, Type 1 P A CG 33 All Restaurant, Type 2 P D CG 34 All Retail Sales P D CG 35 All Retail Sales, Mobile or Temporary S CG or IG 3 All Self-Service Storage, Limited Access D CG or IG 37 All Self-Service Storage, Multi Access D CG or IG 37 All Single Room Occupancy (SRO) P A CG 38 All Vehicle Equipment Sales and Rental, Heavy A CG or IL 40 All

Vehicle Sales and Rental, Light P B CG or IL 41 All Veterinary Clinic P D CG or IL 42 All Vocational P D CG or IG 43 All [Ord. 2006-036] [Ord. 2008-003] [Ord. 2010-009] [Ord. 2010-022] [Ord. 2011-016] [Ord. 2017-007] [Ord. 2018-018] [Ord. 2019-005]

(This space intentionally left blank)

Airport

Related Uses Non-Airport Related

Uses Corresponding Zoning

District PDRs (1) Note (2)

Use Applicable to

Specific Airport

Institutional, Public and Civic Uses Nonprofit Assembly Institutional D D CG 10 All Nonprofit Assembly Membership D D CG or IL 11 All Place of Worship D CG 13 All Government Services P P CG or IL 7 All Hospital A CG 9 All Entertainment, Indoor P D CG or IL 3 All Entertainment, Outdoor P PO 4 All Fitness Center P D CG or IL 5 All Golf Course D CG or IL 6 All Park Public P CG or IG 9 All Park, Neighborhood P CG or IG 7 All Prison, Jail or Correctional Facilities P A CG or IL 14 All

Recreation Uses Arena or Stadium or Amphitheater P A CG 1 PBIA Park, Passive P P CG or IL 8 All

Agricultural Uses Agriculture, Bona Fide P IL 1 2 Agriculture, Light Manufacturing P IL 2 2 Agriculture, Packing Plant P IL 3 2 Agriculture, Research/Development P IL 4 2 Agriculture, Sales and Service P IL 6 2 Agriculture, Storage P IL 7 2 Community Vegetable Garden P CG or IL 10 2 Nursery, Retail D CG 13 All Shadehouse P IL 17 2

Utilities / Excavation Uses / Commercial Communication Towers Air Curtain Incinerator D CG or IG All Chipping and Mulching D IG 1 All Commercial Communication Towers P D CG or IG All Composting Facility D IG 2 All Excavation, Type 2 P P CG or IG 4 All Recycling Center D D CG or IG 11 All Minor Utility P D CG or IG 7 All

Transportation Uses Airport P PO 1 All Heliport P A CG or IL 2 All Transportation Facility B B CG or IG 5 All [Ord. 2006-036] [Ord. 2008-003] [Ord. 2010-022] [Ord. 2012-007] [Ord. 2013-001] [Ord. 2017-007]

(This space intentionally left blank)

Airport

Related Uses Non-Airport Related

Uses Corresponding Zoning

District PDRs (1) Note (2)

Use Applicable to

Specific Airport

Temporary Uses

Communication Cell Sites on Wheels (COW) Tower, Mobile P P CG or IG 1 All

Recycling Drop-Off Bin D D CG or IG 5 All

Special Event P D (3) CG or IL 6 All

Industrial Uses Asphalt or Concrete Plant P D IG All Contractor Storage Yard D IG 1 All Data and Information Processing P D CG or IG 2 All Distribution Facility B B CG or IG 3 All Multi-Media Production D CG or IG 10 All Gas and Fuel, wholesale P D IG 5 All Research and Development D IG 13 All Manufacturing and Processing P D IG 8 All Medical or Dental Laboratory D CG or IL 9 All Recycling Plant P D IG 12 All Warehouse P D IG 17 All Wholesaling, General P D IG 18 All [Ord. 2006-036] [Ord. 2010-022] [Ord. 2017-007] [Ord. 2018-002] Notes:

1. For purposes of determining the applicable property development regulations (PDR) for non-airport related uses, the Corresponding Zoning

District’s PDR identified in Table 3.D.1.A-5, Property Development Regulations shall apply to lot dimension, density, FAR, building coverage and setbacks. [Ord. 2018-002]

2. Reference Art.4, Use Regulations for additional Supplementary Use Standards which includes exceptions, restrictions or prohibitions. [Ord.

2017-007] [Ord. 2018-018]

3. Temporary Use through the ZAR Process. [Ord. 2018-002] Key:

P Permitted by right D Permitted subject to approval by the DRO B Permitted only if approved by the Zoning Commission (ZC) A Permitted only if approved by the Board of County Commission (BCC) 1 Palm Beach International Airport (PBIA) 2 PBC Glades Airport 3 PBC Park Airport (aka Lantana Airport) 4 North PBC General Aviation Airport All PBIA, PBC Glades Airport, PBC Park Airport (aka Lantana Airport), North PBC General Aviation Airport

5) Development Review Procedures The approval process for airport and non-airport related uses shall be in accordance with the above Table 3.B.2.B, Airport Use Regulations and Art. 2, Application Processes and Procedures. It is not necessary for the parcels to be rezoned. [Ord. 2006-036]

a) Development Requirements

Only airport-related uses owned, operated or directly regulated by the DOA or other governmental entity shall be eligible for PO district exemptions. Examples of these uses include tenants leasing space in airport terminal or other related service facilities. Leased land areas used for non-airport related development, including vehicle rental, restaurants, hotels and other non-airport related uses, shall be subject to applicable ULDC requirements. [Ord. 2006-036]

b) Development Exceeding PDD or TDD Design Thresholds Any such development that meets or exceeds the maximum square footage thresholds of Table 3.B.2.B, PDD or TDD Design Thresholds, shall be subject to either the property development regulations of a PDD or TDD. The DOA shall be responsible for determining which specific PDD or TDD shall apply. It is not necessary for the parcels to be rezoned.

[Ord. 2006-036]

Table 3.B.2.B – PDD or TDD Design Thresholds

Use Maximum Square Footage (sf) Commercial 50,000 Public and Civic 50,000 Recreation 50,000 Utilities 50,000 Industrial 100,000 [Ord. 2006-036]

c) Other Development

All other development shall be in accordance with the property development regulations for the corresponding Zoning districts indicated in Table 3.B.2.B, Airport Use Regulations.

[Ord. 2006-036]

d) Other Requirements All proposed Airport-Related and Non-Airport Related Uses must be developed in accordance with all applicable Federal and State guidelines, regulations and requirements, as amended, including but not limited to all Federal Aviation Regulations (F.A.R.), FAA Advisory Circulars, and all FAA Orders, as well as all applicable Florida Statutes and Florida Department of Transportation guidelines. [Ord. 2006-036]

e) Conflict with Other Applicable Regulations Where the provisions of this Section are in conflict with other regulations applicable to this district, the provisions of this Section shall prevail. Where provisions of the AZO district are not in conflict with other applicable regulations, the most restrictive regulations shall prevail. [Ord. 2006-036]

Section 3 COZ, Conditional Overlay Zone

A. Purpose and Intent A COZ district is to modify or restrict the use and site development regulations authorized in the underlying standard zoning district to prevent, minimize or mitigate adverse impacts upon the surrounding land uses. Conditions shall be included if the applicable regulations are inadequate to protect the surrounding land uses. Requirements of the COZ district are in addition to and supplement other applicable requirements of this Code. [Ord. 2008-037]

B. Boundaries The boundary of the COZ is applied to the property considered for rezoning. [Ord. 2008-037]

C. Applicability The provisions of the COZ shall apply to lands in unincorporated PBC pursuant to BCC approval. In application of the COZ, the BCC shall find that the proposed rezoning is appropriate only if the applicable regulations are modified. The BCC shall find one or more of the following reasons for the COZ district:

[Ord. 2008-037]

1. potential impact to surrounding land uses requires mitigation;

2. compatibility will be furthered between the requested zoning district and adjacent zones if uses and property development regulations (PDRs) are modified; and/or

3. intensity limits reflect available capacity of public facilities.

D. District Regulations Restrictions which may be imposed in the COZ district include: limitations on uses, size, height, bulk, mass, scale and location of improvements, standards for landscaping, buffering, lighting, adequate ingress and egress, on-site or off-site improvements; hours of operation; and any other specific site development regulations required or authorized by this Code.

E. COZ

1. Process

During the Zoning review process, the property owner shall either: [Ord. 2008-037]

a. apply for a COZ overlay; or [Ord. 2008-037]

b. voluntarily agree to a COZ overlay recommended by staff for the property being considered for rezoning. [Ord. 2008-037]

2. Authority

The COZ authorizes specific development restrictions, including but not limited to, traffic performance standards; use limitations, etc. to proactively address potential incompatibilities with the adjacent