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					DIVISION 13. INDUSTRIAL, HIGH TECHNOLOGY Sec. 27-706. Intent.
(a) The purpose and intent of the I-3 high technology industrial district is to provide areas within the Town where high technology and research uses may be located. Further, it is the intent of this district to create a unique, campus-like setting which provides an alternative to the conventional commercial and industrial zoning approach. It is essential that the regulations and requirements applying to this district are sufficiently flexible in structure so as to encourage creative and imaginative designs in planning and development. Finally, all development within this district shall be in support of the Town's adopted comprehensive plan.

(b)

(Ord. No. 10-88, § 512.1, 3-1-88)

Sec. 27-707. Use regulations.
(a) Uses by right. In the I-3 high technology industrial district, buildings or premises may only be used for one or more of the following specified uses: research uses or light industrial uses, or office uses which are related to high technology activities, and activities incidental and accessory thereto. (1) Research uses, including theoretical and applied research in all of the sciences, product development and testing, engineering development and marketing development. Light industrial uses, including manufacturing, fabricating, processing, converting, altering and assembling, and testing of products, provided that such uses meet the performance standards of this section. Office uses including, but not limited to, those office uses related to scientific or industrial research, product development and testing, engineering development and marketing development, and such other office uses which are ancillary to and compatible with high technology uses. Limited public uses. Distribution facilities of 10,000 square feet or more. Adult entertainment establishments.

(2)

(3)

(4) (5) (6) (b)

Accessory uses. Those uses, buildings or structures customarily related to those permitted uses above as uses by right, may be permitted, provided that they meet all of the development standards as herein set forth. (1) (2) Sales rooms for wholesale distribution of items manufactured on the premises. Garages for storage and maintenance of company vehicles and for storage of gasoline and lubricating oils needed for operation of these vehicles, and for the maintenance of company, plant and machinery located thereon. Parking facilities, including multi-level structures.

(3)

(4) (5) (6) (7) (8) (9)

Maintenance and utility shops for the upkeep and repair of buildings and structures on the site. Utility facilities; those electrical, water, sewage, fire protection, etc., facilities that may be required to operate the main use. Educational facilities for training and study. Storage buildings. Communication facilities. Living facilities for custodians and caretakers, there shall be a limit of one such facility per building site. The living area of such a facility shall not exceed 600 square feet. Data processing facilities. Employee credit unions. Cafeterias.

(10) (11) (12) (c)

Uses prohibited. The permitted uses enumerated in subsection (a) of this section shall not be construed to include, either as a main or accessory use, any of the following uses: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) Automotive vehicle or trailer sales. The storage, service, repair or garaging of motor vehicles other than company motor vehicles. Auto laundries. Mortuaries. Drive-in fast food restaurant. Bulk sales, storage or display of lumber or building materials or supplies. Outdoor displays. Drive-in theaters. Plumbing shops or sheet metal shops with less than 20,000 square feet or having outdoor storage. Cabinet shops or carpenter shops with less than 20,000 square feet or having outdoor storage. Storage or warehouse uses with less than 7,000 square feet or having outdoor storage except as incidental to a permitted use. Retail stores for sales to the general public, except as incidental to a permitted use providing the maximum size shall be 2,000 square feet. Package stores selling alcoholic beverages. Wholesale outlets, except those established for the sole purpose of selling items manufactured, fabricated, processed, converted or assembled on the premises.

(15) (16) (d)

Bars or cocktail lounges that are not accessory uses to a permitted or conditional commercial use. Self-service storage facilities.

Special exceptions. The following uses may be permitted or denied in I-3 high technology industrial parks which have an aggregate land area in excess of 100 acres, after review by the Planning and Zoning Commission and provided the Town Council determines that the application meets the criteria contained in section 27-98, all other applicable provisions of law, and does not otherwise adversely affect the public. It is the intent that these uses be located contiguous to one another, that they be located in the interior of the park, and their site area does not exceed 15 percent of the total land area of the site. (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) Banks and financial institutions. Private clubs (health, dining, etc.) Duplicating, copying, letter and secretarial service establishments. Personal services. Laundry and drycleaning pick up shops and dry cleaning and pressing establishments. Restaurants. Gasoline filling stations (see division 4 of article X of this chapter). Hotels and motels. Heliports (see division 18 of article X of this chapter). Retail and service uses (maximum of 40,000 square feet of floor area). Uses to any of the above uses including the outdoor storage of passenger cars, panel or pick up trucks, or other items used in the business in such areas as designated on the approved site plan and screened from view from all roadways by a masonry wall, berm, hedge or other landscaped screen. Day care facilities, as an accessory use to a permitted use.

(12)

(Ord. No. 10-88, § 512.2, 3-1-88; Ord. No. 38-98, § 8, 11-17-98; Ord. No. 46-98, § 3, 9-8-98; Ord. No. 37-99, § 17, 10-19-99)

Sec. 27-708. Area, dimension and setback regulations.
In the I-3 high technology industrial district, on each lot or parcel that is used hereafter, and on each lot or parcel upon which a building or structure hereafter is erected or enlarged and maintained, the following minimum regulations shall be observed: (1) (2) An I-3 zoning district shall have a minimum site area of 25 acres. Individual lot area for each use shall be a minimum of 2 1/2 acres. In industrial parks with an aggregate land area in excess of 50 acres, lots of less than 2 1/2 acres may be permitted subject to the following regulations:

a. b. c. d.

These lots not exceed 40 percent of the lots within the park. These lots must have a minimum size of one acre. These lots cannot be located on the perimeter of the park, nor are they to be located on a major access or collector drive. Where lots less than 2 1/2 acres in size are created, other lots in the project shall be increased by a commensurate amount so that there will be an average of not less than one lot for each 2 1/2 acres of land.
Lot width (minimum).......... Lot depth (minimum).......... Frontage (minimum).......... Front setback (minimum).......... Rear setback (minimum).......... Side setback, interior (minimum).......... Corner (minimum).......... Setback from district boundaries abutting residential (minimum).......... Building height (maximum).......... a. 150 feet 300 feet 100 feet 40 feet 30 feet 20 feet 40 feet 75 feet 50 feet No structure shall be permitted within the 75-foot setback requirement when an I-3 district abuts a residentially zoned district. b. No rear yard is required where the lot abuts an existing or proposed railroad right-of-way or spur. 40 percent 25 percent

TABLE INSET:
(3) (4) (5) (6) (7) (8) (9) (10)

(11) (12) (13)

Lot coverage (maximum).......... Green space (minimum).......... Refer to division 5 of article X, exceptions to development regulations.

(see chapter 23, landscaping, for more information on green space requirements)

(Ord. No. 10-88, § 512.3, 3-1-88; Ord. No. 27-00, § 10, 6-6-00; Ord. No. 01-04, § 2, 11-23-04)

Sec. 27-709. Written opinion.
As may be required by the Town, a written opinion of a land planner, engineer or other professional shall be provided by the applicant to ensure that the requested use in a I-3 high technology industrial district will not constitute a nuisance to persons or property, and that at no time will such use cause or result in: (1) An undue, adverse effect upon the adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety and general welfare. A development that is inconsistent with the character of the existing land uses in the area. A development that will interfere with the development or use of neighboring properties. A development that is inconsistent with the policies and performance standards

(2) (3) (4)

that are delineated in chapters 24 and 27. (Ord. No. 10-88, § 512.4.A, 3-1-88)

Sec. 27-710. Unified control.
(a) At the time of filing an application for rezoning to an I-3 district classification, all land included within the application shall be owned or under the control of the petitioner, whether that petitioner be an individual, partnership or corporation, or a group of individuals, partnerships or corporations. After approval of the application for I-3 zoning district classification, the land area comprising the project shall be subdivided and platted pursuant to chapter 25 prior to the issuance of building permits. At the time of platting, a declaration of covenants and restrictions to run with the land shall be filed of record whereby the individual lots, plots and building sites thereby created and the common areas, open spaces, easements, and rights-of-way appurtenant thereto, shall be made subject to the development criteria of this chapter in general and of the conditions of approval of the applicant's petition hereunder.

(b)

(Ord. No. 10-88, § 512.4.B, 3-1-88)

Sec. 27-711. Access.
Access to any I-3 high technology industrial zoning district shall be via a publicly dedicated regional or local arterial roadway. (Ord. No. 10-88, § 512.4.C, 3-1-88)

Sec. 27-712. Fences, walls and hedges.
(a) (b) Intent. The intent of this section is to provide regulations and requirements for the location of fences, walls and hedges within the Town. Regulations. Fences and walls enclosing any permitted use in an I-3 high technology industrial district shall comply with the building permit procedures of the Town. Hedges shall comply with the requirements of chapter 23 as regards sight visibility. (1) Within the areas formed by the right-of-way lines of intersecting streets, a straight line connecting points on such right-of-way lines at a distance 25 feet in length along such right-of-way lines, such connecting lines extending beyond the points to the edge of the pavement, there shall be a clear space with no obstruction to vision. Fences, walls, hedges, and vision obstructing plantings shall be restricted to a height of 2 1/2 feet or less above the average grade of each street as measured at the centerlines thereof. No fence, wall or hedge in an industrial district shall exceed a height of eight feet.

(2)

(Ord. No. 10-88, § 512.4.D, 3-1-88)

Sec. 27-713. Reserved.
Editor's note: Ordinance No. 32-91, § 3, adopted January 7, 1992, repealed § 512.4.E. in its

entirety; therefore § 27-713 was deleted. Formerly, such section pertained to parking and derived from Ord. No. 10-88, § 512.4.E, 3-1-88.

Sec. 27-714. Outdoor storage.
(a) Intent. The regulations, requirements and restrictions of this division are intended to minimize the utilization of outdoor storage areas on the individual lots, plots and building sites of I-3 zoning district developments, both as to the frequency and the intensity of use thereof, and to keep outdoor storage usage as inconspicuous as possible so as to promote the aesthetics inherent in the unique campus-like setting concept of this zoning district. Standards. Outdoor storage shall be subject to the following regulations, requirements and restrictions: (1) (2) (3) (4) Outdoor storage shall be prohibited at plumbing shops, cabinet shops and storage and warehouse locations as specified in section 27-7.7(C). Outdoor storage shall be prohibited in parking areas, front yard areas, common areas and rights-of-way. Outdoor storage of any motor vehicles, trailers, machinery or equipment, which is in an abandoned or neglected state, shall be prohibited. Motor vehicles or trailers shall not be parked or left standing in I-3 zoning districts or used for storage purposes unless the same be completely enclosed inside a building or structure. Outdoor storage of loose materials, including but not limited to sand, dirt, shellrock, lumber, boards, cardboard, paper, packing materials, boxes and the like, which are subject to being scattered or blown about the premises by normal weather conditions, is prohibited. Outdoor storage shall be prohibited in I-3 districts unless such use is customarily incidental to the operation of the principal business located and conducted on the specific premises in question. There shall be no outdoor storage by any person for business, commercial or industrial activity which is different and distinct from the principal business conducted at such location. To the extent possible, property owners in I-3 districts are required to use interior building space for the storage of the raw materials, inventory, packaging materials and finished products of their business. Subject to the above provisions, outdoor storage will be allowed in an otherwise permissible area provided it is located adjacent to a building or structure and provided it is screened from public view from abutting streets, and adjoining properties. Such screening shall be accomplished by a masonry wall, ornamental fence, or dense hedge planting which shall be no less than six inches higher than the material stored. Screening density shall be such that items within the screened minimum area will not be visible through such screening. When the outside storage area abuts a residential district, the height of the stored materials shall not exceed 7 1/2 feet from grade level. All outdoor storage areas shall be policed and maintained by the property owner

(b)

(5)

(6)

(7)

(8)

(9)

or occupant thereof on a regular basis and shall conform to reasonable aesthetic standards of contemporary housekeeping practices for the Town's business community. (Ord. No. 10-88, § 512.4.F, 3-1-88)

Sec. 27-715. Buffer areas.
All I-3 high technology industrial district land developments shall be required to have a buffer adjacent to and completely around the perimeter of the development site. The requirements of such buffer are delineated hereafter. (1) Adjacent to residential. When an I-3 development abuts and is adjacent to a residential district, one of the following buffers shall be installed as set forth in development approval. This shall not be construed to allow a building closer than 75 feet to the residential property line. a. b. c. d. (2) When adequate native vegetation exists, a 75-foot wide buffer may be provided. For every 100 linear feet, there shall be three shade trees, six small trees and 25 shrubs. For every 100 linear feet, there shall be four shade trees, eight small trees and 35 shrubs. For every 100 linear feet, there shall be six shade trees, 11 small trees and 45 shrubs.

Adjacent to uses other than residential. When a high technology development is constructed next to a use other than residential, one of the following buffers shall be constructed around the perimeter of the development site. a. b. c. For every 100 linear feet, there shall contain two shade trees, four small trees and 15 shrubs. For every 100 linear feet, there shall contain at least three shade trees, six small trees and 25 shrubs. For every 100 linear feet, there shall contain at least three shade trees, six small trees, 25 shrubs and a continuous six-foot high wall. Note: All landscaping must have an approved irrigation system. 1. 2. When a wall exists on the adjacent property line prior to development, a wall will not be required in the buffer area. Credit for native landscaping may be given.

(Ord. No. 10-88, § 512.4.G, 3-1-88)

Sec. 27-716. Landscaping.
For landscaping and tree protection provisions and their application to the I-3 high technology industrial district, see the provisions of chapters 23 and 26.

(Ord. No. 10-88, § 512.4.H, 3-1-88)

Sec. 27-717. Performance standards.
For the application of performance standards on the I-3 high technology industrial district, see the provisions of article XI of this chapter. (Ord. No. 10-88, § 512.4.I, 3-1-88)

Sec. 27-718. Hazardous substances and waste.
(a) Annually, each June 1, the individual, firm, corporation or business having land zoned I-3 shall provide a list of all its tenants, classified according to the four digit Standard Industrial Classification (SIC) code, to the County solid waste authority, or the agency the County has assigned responsibility for hazardous waste management. Each tenant located within an I-3 district, who is a hazardous waste generator, according to the SIC code, must report to the County solid waste authority, in accordance with F.S. § 403.72, the types of hazardous waste generated, the storage method utilized, and the method of disposing of the waste material. All rules and procedures regarding the management of hazardous materials as required by State law and administrative rules shall be implemented.

(b)

(c)

(Ord. No. 10-88, § 512.4.J, 3-1-88)

Sec. 27-719. Utilities and lighting.
For utilities and lighting requirements in the I-3 high technology industrial district, see chapter 25. (Ord. No. 10-88, § 512.4.K, 3-1-88)

Sec. 27-720. Signs.
For provisions regulating signs and their application to the I-3 high technology industrial district, see article XII of this chapter. (Ord. No. 10-88, § 512.4.L, 3-1-88)

Sec. 27-721. Off-street loading.
For provisions regarding off-street loading in the I-3 high technology industrial district, see division 13 of article X of this chapter. (Ord. No. 10-88, § 512.4.M, 3-1-88)

Sec. 27-722. Flood hazard regulations.
For provisions regulating flood hazard conditions and their application to the I-3 high technology industrial district, see chapter 22.

(Ord. No. 10-88, § 512.4.N, 3-1-88)

Sec. 27-723. Exceptions to development regulations.
In the furtherance of the objectives of a high technology development, to permit flexibility, ingenuity, imagination and creativity in the design and construction of industrial developments, a variance may be granted to certain specific property development regulations as provided for in this division. This variance shall not extend to changes in the intensity of the project or permitted land uses. The procedure granting such a variance shall comply with provisions of division 4 of article III of this chapter, except that no hardship need be shown. The public hearing on the variance may be combined with the same public meeting at which the Town Council considers the approval of the high technology development. The developer shall present a written request for any such variance as part of his application for high technology development approval. The developer shall explain fully the nature of the request for variance, the extent to which it departs from the minimum regulations of this chapter, and the reasons or basis for which it is sought. In addition to other requirements, the granting of any such variance shall be subject to a finding by the Board of Adjustments that the spirit and intent of this chapter is in compliance with the total development of the project: that a more desirable environment for the occupants of the development will be achieved; and that there is no detrimental effect on the general health, safety, convenience, comfort or welfare of the community as a result thereof. (Ord. No. 10-88, § 512.4.O, 3-1-88)

Sec. 27-724. Special regulations.
When applicable zoning districts are contiguous and/or adjoin a residential zoning district, it shall be prohibited to install garage/bay doors which front or face the residential zoning district. This shall include dissimilar zoning districts with intervening public/private right-of-way, easements, etc., of any size. (Ord. No. 30-92, § 2, 11-17-92)