HomeMy WebLinkAboutDocumentation_Workshop_Tab 03_1/30/2023Agenda Item #3.
Workshop
STAFF
Meeting:
Staff Contact
MEMO
Workshop - Jan 30 2023
Nilsa Zacarias, Director of
Community Development
Discussion on Veterinary Offices in C-2 Zoning District
AL
Department: Community Development
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PROJECT NAME: BUDGET: N/A ENCUMBERED: N/A
Proposed: Projected Remaining:
N/A N/A
Veterinary Office Memo & Uses
Page 214 of 245
Agenda Item #3.
1 Fury'.
VILLAGE OF TEQUESTA
To: Mayor Molly Young and Village Council
From: Nilsa Zacarias, AICP, Community Development Director
Date: 1/30/2023
Ref.: Discussion on Veterinary Offices in the C-2 Zoning District — Village Council Workshop
In 2013, the Village adopted Ordinance 15-13, which made veterinary offices a permitted use in the C-3
General Commercial Zoning District and added a definition to the Village Code (see the enclosed Ordinance
15-13). Veterinary offices are only permitted in the C-3 General Commercial District.
Currently, the C-2 Community Commercial District does NOT allow veterinary offices as a permitted or a
special exception use (see enclosed Code). The below map indicates the locations of the C-2 and C-3 Zoning
Districts.
1
Page 215 of 245
Agenda Item #3.
The C-2 Zoning District allows professional office, which excludes veterinary offices (see below definition).
"Professional office means the office of a person engaged in any occupation, vocation, or calling, not purely
commercial, mechanical, or agricultural, in which a professed knowledge orskill in some department of science
or learning is used by its practical application to the affairs of others, either advising or guiding them in serving
their interest or welfare through the practice of an art founded thereon. This definition does not include
veterinary offices nor does it include health care facility or medical or dental offices."
In addition, please see the following definition for veterinary offices, "Veterinary office means a state licensed
facility for the medical and/or surgical treatment and care of animals. Such facilities may include 24-hour
emergency care, and/or animal boarding associated with medical or surgical treatment; however, any such
boarding must occur inside the facility. General boarding that is not associated with medical or surgical
treatment is prohibited. Veterinary offices may include an outdoor area to the rear of the facility for the
walking of dogs or other animals receiving medical or surgical treatment at the facility."
The existing code for veterinary offices has considerations for animals needing an outdoor area for post -
medical treatments. Please note that the C-2 Zoning District consists of various shopping plazas and if
veterinary offices are permissible in this district, then the plazas will need to provide an outdoor space for this
post -medical treatment.
If the Village Council would lil<e to proceed with a text amendment to include veterinary offices in the C-2
Zoning District, the process will be as follows:
1. Local Planning Agency (LPA) Hearing
2. Village Council First Reading
3. Village Council Second Reading
Enclosed:
1. ORDINANCE 15-13 —Veterinary Offices
2. Village Code Sec. 78-177. - C-2 community commercial district and Village Code Sec. 78-178. - C-3
general commercial district.
2
Page 216 of 245
Agenda Item #3.
ORDINANCE NO. 15-13
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING. BY
AMENDING SEC. 784. DEFINITIONS. BY CREATING A DEFINITION
FOR VETERINARY OFFICE; FURTHER AMENDING SEC. 78-178. C-3
GENERAL COMMERCIAL DISTRICT. TO INCLUDE VETERINARY
OFFICE AS A PERMITTED USE IN THAT ZONING DISTRICT;
PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB-
SECTION OF CHAPTER 78. ZONING. SHALL REMAIN IN FULL
FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A
CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY
TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, current development trends in the Village have led the Village Council to
believe that the Village's C-3 zoning district should be revised to allow veterinary offices in this
commercial zoning district; and
and
WHEREAS, such a use is deemed to be reasonable in the Village's C-3 zoning district;
WHEREAS, the Village Council desires to adopt such a revision to the Village's zoning
code; and
WHEREAS, the Village Council believes the code amendment contained in this
ordinance will be in the best interests of the citizens of the Village of Tequesta.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Sec. 784. Definitions. by adopting a new definition for "Veterinary office"
and inserting said definition alphabetically into the list of definitions in this section; providing
that the definition for veterinary office shall hereafter read as follows:
Veterinary office means a state licensed facility for the medical and/or surgical treatment
and care of animals Such facilities may include 24 hour emergency care and/or animal
boarding associated with medical or surgical treatment: however, any such boarding must occur
inside the facilitv. General boarding that is not associated with medical or surgical treatment is
Page 217 of 245
Agenda Item #3.
prohibited. Veterinary offices may include an outdoor area to the rear of the facility for the
walking of dogs or other animals receiving medical or surgical treatment at the facility.
Section 2: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article VI. District Regulations. Division 2. Schedule of Use Regulations.
by amending Sec. 78-178. C-3 General Commercial District to add veterinary office as a
permitted use; providing that Sec. 78-178 shall hereafter read as follows:
Sec. 78-177. C-3 General Commercial District.
(a) Purpose. [This paragraph shall remain in full force and effect as previously adopted]
(b) Permitted Uses. Permitted Uses in the C-3 District are as follows:
(1) — (17) [shall remain same as previously adopted]
18) Veterinary office
(c) Accessory uses. [This paragraph shall remain in full force and effect as previously adopted]
(d) Special exception uses. [This paragraph shall remain in full force and effect as previously
adopted]
(e) Prohibited uses and structures. [This paragraph shall remain in full force and effect as
previously adopted]
Section 3: Each and every other section and subsection of Chapter 78. Zoning. shall
remain in full force and effect as previously enacted.
Section 4: All Ordinances or parts of Ordinances in conflict herewith be and the same
are hereby repealed.
Section 5: Should any Section or provision of this Ordinance or any portion thereof,
any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder of this Ordinance.
Section 6: Specific authority is hereby granted to codify this Ordinance.
Section 7: This Ordinance shall become effective immediately upon passage.
4
Page 218 of 245
Agenda Item #3.
Upon Second Reading this 11 "' day of July 2013, the foregoing Ordinance was offered by
Council Member D'Ambra who moved its adoption. The motion was seconded by Vice -Mayor
Arena and upon being put to a vote, the vote was as follows:
Mayor Abby Brennan
Vice -Mayor Vince Arena
Council Member Steve Okun
Council Member Tom Paterno
Council Member Frank D'Ambra
For Adoption Against Adoption
X
The Mayor thereupon declared the Ordinance duly passed and adopted this 1 lt' day of July 2013.
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3
Page 219 of 245
Agenda Item #3.
Sec. 78-177. C-2 community commercial district.
(a) Purpose. It is the purpose and intent of the C-2 community commercial district to provide lands within the
village as depicted on the official zoning map for the development of commercial activities with a location
convenient to U.S. Highway 1 automotive traffic. This district will serve the community at large and provide a
mixture of convenience goods and services that offers a greater variety of uses than permitted at
neighborhood level.
(b) Permitted uses. Permitted uses in the C-2 district are as follows:
(1) Retail sales and services, excluding retail package liquors (which are addressed below).
(2) Business services.
(3) Health care facility or medical or dental office; professional office; professional services.
(4) Personal services.
(5) Restaurants, excluding fast food restaurants, drive-in restaurants and carryout restaurants.
(6) Restaurant, specialty.
(7) Bakery.
(8) Dry cleaning and laundry establishments, including laundromats.
(9) Places of assembly (1,500 square feet or less), subject to the following conditions:
a. All presentations and events shall be conducted entirely within a building.
b. Allowed accessory uses are: preschool and school facilities; assembly halls, sanctuaries or similar
meeting rooms; community centers or fellowship halls; administrative offices related to the
facility; gift shops for merchandise related to the facility; playgrounds and athletic fields.
(10) Retail package liquors. However, such uses must be located in accordance with the following
regulations:
a. No retail package liquor use may be located within a 2,000 foot radius of another retail package
liquor use. The 2,000 feet shall be measured in a straight line from main entrance door to main
entrance door.
b. No more than one retail package liquor use may be located in any one shopping center in this
zoning district.
C. Hours of operation for retail package liquor uses shall conform to hours of operation for alcoholic
beverage establishments as set forth in section 6-1 of the code of ordinances.
(11) Wireless telecommunication towers and antennas located on village owned property, pursuant to
article IX, division 5.
(c) Accessory uses. Accessory uses allowed in the C-2 district are as follows:
Any accessory use customarily incidental to a permitted use.
(d) Special exception uses. Special exception uses in the C-2 district are as follows:
(1) Public utility buildings such as water pumping plants, water treatment plants, sewage plant lift stations
and electric substations; police and fire stations and any other use normally appurtenant thereto;
libraries and governmental uses.
(Supp. No. 34, Update 1)
Created: 2022-10-11 10:38:46 [EST]
Page 1 of 16
Page 220 of 245
Agenda Item #3.
(2) Wireless telecommunication towers and antennas located on property that is not village owned,
pursuant to article IX, division 5.
(3) Planned commercial development (PCD) (subject to the provisions of article VIII of this chapter).
(4) Adult congregate living facility (ACLF), provided:
a. An adult congregate living facility shall contain an extended care facility as a component of the
development in order to be deemed an adult congregate living facility.
b. The minimum site for an adult congregate living facility life care and extended care shall be two
acres.
C. All adult congregate living facilities and extended care facilities shall provide sufficient staff to
operate the facility in a proper manner as required by the minimum standards of the state
department of health and rehabilitative services, and shall provide facilities which meet the
physical, recreational, emotional, and social life needs of the residents of the facility.
d. All facilities containing more than one story shall have an elevator large enough to carry a
stretcher.
e. No portable heaters or other dangerous appliances shall be used in such facilities.
f. All facilities shall conform to applicable village codes and ordinances, including building, electric,
plumbing, fire prevention and state department of insurance minimum fire safety standards for
adult congregate living facilities.
g. No building permits shall be issued unless a license has first been obtained from the Florida
Agency for Health Care Administration (AHCA) and any other permitting agency as required by
law, including the provisions of this chapter.
h. The applicant shall provide transportation to the facility in a form and manner acceptable to the
village council.
i. The residence may have individual kitchen facilities in addition to the central kitchen and/or
facility which shall be provided for the residents of the entire ACLF. Such central kitchen dining
shall provide at least two meals per day to the residents of the facility.
j. An application for special exception for each such facility shall contain a market analysis which
demonstrates the viability and need for the facility to be built or established at the proposed
location set forth within the application. For these purposes, the market analysis shall contain,
but not be limited to, the following determinations:
1. Determination of the service area of the proposed facility.
2. Determination of the service area population, present and future.
3. Statement of need.
k. Maximum residential density is as follows:
1. Adult congregate living facilities: Facilities wherein each separate room or group of rooms
is designed or intended for use as a residence by an individual or family. The maximum
allow -able density for such facilities may be up to, but not exceeding, 18 units per net acre.
2. Extended care facilities: Facilities wherein beds are provided for residents in the nature of a
nursing or convalescent home. Each bed shall be equal to one -quarter dwelling unit.
I. The adult congregate living facility shall, by separate agreement, guarantee payment to the
primary fire rescue provider for patient ambulance transport service.
(Supp. No. 34, Update 1)
Created: 2022-10-11 10:38:46 [EST]
Page 2 of 16
Page 221 of 245
Agenda Item #3.
M. All facilities shall be equipped with an emergency backup generator system. The system shall be
of sufficient size and power for the facility's maximum occupancy load and shall have a fuel
source sufficient to operate the facility for a minimum of seven days.
(5) Theaters.
a. All presentations, shows and events shall be conducted entirely within a building.
b. No presentations, shows or events shall be started after 11:00 p.m.
(6) Indoor amusements (bowling, pool, billiards, video game arcade and similar amusements).
(7) Restaurant, carryout.
(8) Convenience store without fuel sales and dispensing facilities, provided:
a. The proposed site shall meet or exceed the landscaping requirements found in the article IX,
division 4 of this chapter.
b. The proposed store shall be free of all obstructions of view from the adjacent street to the main
store windows giving a clear and unobstructed view of the cashier's station.
C. The proposed store shall incorporate into its construction and operation fire protection devices
as required by the village fire -rescue department.
d. The proposed store shall have adequate on -site lighting that illuminates all parking and loading
areas.
e. No convenience store shall be located within 1,500 feet of any other convenience store. For the
purposes of this subsection, all measurements of distance shall be along a straight airline route
from the nearest point on any property line of any property used as a convenience store.
f. The proposed convenience store shall have appropriate security systems to include, but not be
limited to, the following:
1. Convenience store uses shall be equipped with cameras with video retrieval capabilities.
i. This requirement shall be exempted if the convenience store employs two or
more employees at the same time between the hours of 11:00 p.m. and 7:00
a.m.
ii. This requirement shall also be exempted if the convenience store closes on a
permanent basis by 11:00 p.m. or does not sell alcoholic beverages for
consumption off -premises.
2. The convenience store may be equipped with a silent alarm connected to the police
department.
g. The proposed convenience store shall not have as a part of its operation coin -operated
amusement devices.
(9) Reserved.
(10) Libraries, art galleries and museums.
(11) Full -service fuel station or gasoline service station, provided:
a. Full -service fuel stations or gasoline service stations shall be located fronting along U.S. Highway
1.
b. Full -service fuel stations or gasoline service stations shall be located a minimum of 500 lineal feet
from existing or previously approved stations.
(Supp. No. 34, Update 1)
Created: 2022-10-11 10:38:46 [EST]
Page 3 of 16
Page 222 of 245
Agenda Item #3.
C. There shall be a main building setback from all right-of-way lines of 40 feet.
d. Main and accessory buildings shall be located a minimum of 50 feet from any residential district.
e. A minimum six inches in height raised curb shall be required at all right-of-way lines, except at
approved access driveway openings.
f. Curb openings and access driveway widths and locations shall meet the requirements of article X
of this chapter, except as provided for in subsection (d)(11)g of this section. Curb openings shall
be limited to two per street frontage.
g. Where two curb openings are providing access to a single street, they shall be separated by an
approved landscape island, ten feet in width and 25 feet in length at the right-of-way line. Curb
cuts for access driveways shall be located a minimum of ten feet from any adjoining property
line.
h. To ensure that sufficient room be provided on either side of the fuel pumps without intruding
upon sidewalks or upon adjoining property, fuel pumps shall be located a minimum of 50 feet
from any adjoining property and a minimum of 25 feet from any street property line.
i. All tanks, vents, pump islands and pump island or main and accessory building canopies shall
provide a minimum setback of 25 feet from any adjoining property or right-of-way.
j. Off-street loading spaces for the delivery of materials, merchandise, fuel or any similar product
shall be located in such a manner that they are completely separate from required customer
parking spaces and access drives and aisles thereto.
k. The selling, renting or leasing of new and/or used motor vehicles, trailers or recreational vehicles
is prohibited.
I. Automotive repair work and/or servicing must be performed within an enclosed building or
structure.
M. All full -service fuel stations and gasoline service stations shall be equipped with an emergency
backup generator system of sufficient size and power to operate the fuel pumping systems for a
minimum of seven days.
(12) Hotels, subject to the following conditions:
a. All rooms shall be designed to be entered from enclosed interior corridors.
b. All rooms providing glass sliding doors at first -floor grade level shall face an interior courtyard.
C. Accessory uses shall be allowed, such as swimming pools, spas, cabanas, saunas, tennis courts,
clubhouses, gazebos, utility buildings, restaurants and any other similar use deemed appropriate
by the building official.
d. Accessory uses shall be allowed, such as shops for the retail sale of flowers, sundries, newspapers
and books, jewelry, gifts, sportswear and clothing, art and similar items, and barbershops or
beauty shops, subject to these uses being located within a main building. The primary customer
entry shall be from within a main building with no exterior entry, except a secondary entry may
be allowed from an interior courtyard.
e. All recreational accessory uses, such as a swimming pool, spa, tennis court, clubhouse, sauna and
exercise room, shall be located within a main building or within an interior courtyard. The
primary customer entry shall be from within a main building with no exterior entry, except a
secondary entry may be allowed from an interior courtyard.
(Supp. No. 34, Update 1)
Created: 2022-10-11 10:38:46 [EST]
Page 4 of 16
Page 223 of 245
Agenda Item #3.
Hotels shall be subject to the requirements of section 78-291 and all other applicable sections of
this chapter.
(13) Motor vehicle dealers, subject to the following conditions:
a. Size shall be regulated with a minimum of two acres and a maximum of eight acres. Motor
vehicle dealer establishments shall be prohibited from locating within 1,000 lineal feet of an
existing or previously approved motor vehicle dealer establishment within the village.
b. Hours and days of operation shall be restricted as follows:
1. Twenty -four-hour operation is prohibited.
2. Specific closing no later than 9:00 p.m.
3. Sunday operating hours limited to 11:00 a.m. to 6:00 p.m.
4. No opening for business on Monday through Saturday before 7:00 a.m.
C. The use of banners, streamers, balloons or any similar device shall be prohibited. The use of flags
and flagpoles shall be pursuant to article XI of this chapter.
d. All customer servicing, including washing, waxing and cleaning, and repair of motor vehicles, shall
be conducted within completely enclosed buildings.
e. All parts, supplies and materials shall be located or stored within completely enclosed buildings.
Except for the parking of motor vehicles to be sold, rented, or serviced, there shall be no outside
storage of any kind.
The business of the sale, brokerage, and rental of vehicles is only to be conducted within an
enclosed showroom. Outdoor vehicular parking is for customers, display and storage purposes
only. The dealership must maintain a valid license with the state department of motor vehicles at
all times.
g. The site plan for proposed motor vehicle dealer establishments shall include, but not be limited
to, the following:
1. Delineation of the customer parking area and the configuration of the parking spaces for
the customer parking area.
2. Delineation of an employee parking area and the configuration of the parking spaces for
the employee parking area.
3. Delineation of the required enclosed vehicle showroom building.
4. Delineation of an acceptable outdoor vehicle display area and the configuration of the
parking spaces for the display area.
5. Delineation of any proposed vehicle storage area.
h. Motor vehicle dealers shall be required to provide a vehicle showroom building of no less than
3,000 gross square feet in area.
i. Major and minor repair activities shall only be accessory uses to the principal use. Major and
minor repair activities are as defined in this chapter. Paint and body shop activities or facilities
shall be prohibited.
All "tent" sales, as well as all "telethon," "marathon," "24 hours," etc., sales efforts or campaigns
of any type, shall be prohibited.
(Supp. No. 34, Update 1)
Created: 2022-10-11 10:38:46 [EST]
Page 5 of 16
Page 224 of 245
Agenda Item #3.
k. The use of spotlights, skylights, searchlights, or other similar high intensity illumination lighting
shall be prohibited.
All artificial lighting used to illuminate the premises shall be directed away from adjacent or
abutting properties, streets, alleys, or roadways, illuminating only the subject site.
M. All radio, television, or other similar media broadcast from anywhere on the premises shall be
prohibited.
n. Any use of animated or mechanical animal, clown, etc., devices, also, anyone carrying sales signs,
advertising, or placards of any kind, from anywhere on or adjacent to the premises shall be
prohibited.
o. All writing, lettering, pricing, advertising, or signage of any type being placed directly upon or
within any motor vehicle or part thereof (i.e., windshield, window, roof, hood, trunk, side panels,
etc.) shall be prohibited. However, nothing in this subsection shall be construed to prohibit
provision of required vehicular information stickers or labels as may be required by federal, state
or other law.
p. All motor vehicle sales establishments shall be restricted to U.S. Highway 1 frontage. However,
this shall not preclude frontage on additional rights -of -way, provided that ingress and egress
within the additional frontage shall be prohibited. Additionally, frontage along additional rights -
of -way shall have a 15-foot buffered landscaped area separating the property from the right-of-
way. Required frontage along U.S. Highway 1 shall be required to have a 15-foot landscaped
buffered area separating the property from the U.S. Highway 1 right-of-way.
q. Motor vehicle dealers shall be subject to the requirements of article IX, division 2 of this chapter
and all other applicable sections of this chapter.
r. All vehicle storage areas shall be fenced or walled off. Designated vehicle storage areas shall be
contained within the rear yard of the subject property.
S. All applicable sign regulations of the village as provided in article XI of this chapter shall be
applied and met.
t. The use shall strictly conform with the village landscape regulations, article IX, division 4 of this
chapter. Additionally, 15 percent minimum of the entire site shall be devoted to living
landscaping.
U. The entire site shall be hedged, landscaped, buffered and irrigated in accordance with village
landscape regulations, article IX, division 4 of this chapter.
V. The use of raised or open hoods, trunks and doors for advertisement or attention seeking
purposes shall be prohibited. Utilization of unusual parking alignments such as "back end first"
configurations for advertisement or attention seeking purposes shall also be prohibited.
W. Stormwater runoff must be retained on -site in accordance with South Florida Water
Management District guidelines. All motor vehicle sales establishments must provide on -site
waste retention facilities for chemical and petroleum products.
X. No outdoor public address or paging system of any kind shall be permitted at any motor vehicle
sales establishment.
y. All vehicles for sale, rental or display, not located within an enclosed structure, must be parked at
grade.
(14) Shopping centers.
(15) Places of assembly (1,515 square feet or more), subject to the following conditions:
(Supp. No. 34, Update 1)
Created: 2022-10-11 10:38:46 [EST]
Page 6 of 16
Page 225 of 245
Agenda Item #3.
a. All presentations and events shall be conducted entirely within a building.
b. Allowed accessory uses are: preschool and school facilities; assembly halls, sanctuaries or similar
meeting rooms; community centers or fellowship halls; administrative offices related to the
facility; gift shops for merchandise related to the facility; playgrounds and athletic fields.
(16) Publicly owned and operated community buildings.
(17) Restaurants, fast food, subject to the following conditions:
a. Each drive -up window stacking lane must be clearly designed and marked so as not to conflict or
interfere with other vehicle or pedestrian traffic utilizing the site.
b. A bypass traffic lane shall be provided if a one-way traffic flow pattern is utilized in the parking lot
design.
C. All restaurants, fast food, shall be restricted to U.S. Highway 1 frontage.
d. A minimum 15-foot landscape buffer shall be provided at all public road rights -of -way, in addition
to the requirements set forth in article IX, division 4 of this chapter.
(18) Adult arcade amusement centers ("adult arcades") upon a determination by the village council that the
proposed use is consistent with the provisions of F.S. § 849.161, and subject to the following additional
standards. This regulation shall not apply to bona fide charitable organizations that have been awarded
Section 501(c)(3), status under the Internal Revenue Code of the United States, and which may operate
five or fewer games of amusement, chance or skill on their premises.
Definition. An adult arcade is defined herein as an amusement center, game room, or other
enterprise, at which electronic, mechanical, coin, ticket, token, card, or other similarly operated,
computer, video or other similar games of amusement, chance or skill are played, whether for
consideration or not. The presence of games or gaming devices that are similar to, or in the
nature of, slot machines shall result in a rebuttable presumption that the establishment at which
such machine is located is an adult arcade as defined herein.
Location. No special exception shall be granted for a new adult arcade or to permit the
substantial enlargement or transfer of ownership or control of an adult arcade, to be located
within 2,500 feet of the property line of a property assigned a land use designation or zoning
classification that permits residential uses, another adult arcade, a public or private school, a day
care facility, a church or house of worship, a public library, an alcoholic beverage establishment,
or a public park. The required 2,500 feet minimum separation shall be measured by drawing a
straight line between the nearest point on the perimeter of the property line of the proposed
adult arcade use, to the nearest property line of the other existing use. An adult arcade shall not
be located within the same development, planned unit development, plaza, shopping center,
retail office or industrial park, as any other adult arcade regardless of the separation distances.
Operational requirements.
1. Adult arcades shall not be open to the public before 9:00 a.m. or after 9:00 p.m.
2. An employee of the adult arcade who is 21 years of age or older, shall be on the premises
of the adult arcade to supervise the operation thereof during all hours of operations.
3. No alcoholic beverages, including beer or wine, may be brought to, sold, distributed, or
consumed on the premises of any adult arcade.
4. No person under the age of 18 years shall be permitted on the premises of an adult arcade
unless such person is accompanied by a parent or legal guardian.
(Supp. No. 34, Update 1)
Created: 2022-10-11 10:38:46 [EST]
Page 7 of 16
Page 226 of 245
Agenda Item #3.
5. An adult arcade shall not discriminate based upon race, creed, gender, national origin,
religion, or physical handicap.
6. The use of gift certificates, gift cards, and/or other similar items of value or cash substitutes
are strictly prohibited.
7. Prizes shall be limited to $5.00 retail value per day, and shall be confined to use on the
premises.
8. All machines and devices must comply with state laws, rules, regulations and prohibitions,
pertaining to slot machines, and shall be in full compliance with F.S. § 849.161, as
amended.
9. Law enforcement and village code enforcement officers shall have full access to enter and
inspect any machine at any time to ensure compliance with the provisions of this section,
and the requirements of the Florida Statutes.
10. The use, operation, or provision of any machine, computer, server, cellular telephone, or
wireless, electronic, or other equipment or device, in or upon the premises of any adult
arcade, for the purpose of gambling, gaming, wagering, betting, accessing cyber or virtual
casinos, Internet gambling websites, lotteries, bingo games, or participating in any way in
any other gaming or gambling activities (whether making, transmitting, or receiving bets,
wagers, etc.) is strictly prohibited. No owner or operator of any adult arcade shall provide
or make available any such equipment for use by its patrons and other persons on the
premises, nor shall the owner or operator permit the use of any such device by any person
while on the premises. All state of Florida and Federal Internet gaming laws, prohibitions,
and statutes, as are adopted and may be amended from time to time, are hereby
incorporated by reference into this section.
11. The violation of any of the provisions of this section shall constitute sufficient grounds for
the village council's revocation of the special exception for the adult arcade.
Signage. The use of any imagery or graphics on a sign referencing gambling or games of chance
including, but not limited to, slot machines, poker wheels, or any other similar machine or device
is prohibited and unlawful, when visible from the exterior of the adult arcade, including, but not
limited to, wall signage and window signage. The use of strip, neon or flashing lighting is
prohibited and unlawful. All signs shall comply with article XI of this chapter.
e. Parking. The parking requirements for an adult arcade shall be prescribed in the development
order granting the special exception.
Supplemental special exception requirements. The following supplemental requirements shall
apply to all adult arcades, and shall be set forth as conditions of approvals, in all development
orders granting a special exception for an adult arcade.
(Supp. No. 34, Update 1)
The property owner and/or the person or entity operating or conducting the adult arcade
shall regularly inform the village manager, or designee, of any changes in the information
required in this section.
No person or entity shall operate or conduct an adult arcade in the village without first
paying the appropriate business tax and obtaining a business tax receipt from both the
village and Palm Beach County.
A business tax receipt for an adult arcade use shall not be issued by the village, if any
person with an interest in the enterprise or business operating the adult arcade, or an
employee of the business, has been convicted of a violation of a federal or state law or
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statute, or any local ordinance pertaining to gambling or any other crime involving moral
turpitude within seven years preceding the application for the special exception.
g. Supplemental ,business tax receipt requirements. These supplemental requirements shall apply to
each subsequent owner and operator of an adult arcade operating under a special exception
approval. As a prerequisite to the issuance of a business tax receipt for an adult arcade by the
village, an inspection shall be made of the premises by the village manager, or designee, building
official, fire chief, chief of police, or their designee, each of whom must consent to the issuance
of such business tax receipt. In addition to the requirements of chapter 70 of this Code, the
applicant for a business tax receipt for an adult arcade, must provide the following information to
the satisfaction of the village:
1. Proof that the applicant for a business tax receipt for an adult arcade is at least 21 years of
age.
2. The name under which the enterprise or business is to be conducted.
3. The location at which the enterprise or business is to be operated.
4. The name, address, telephone numbers, date of birth, driver's license number, and
principle occupation of every person with an interest in the enterprise or business of the
adult arcade.
5. The number (quantity) of the machines and other such equipment to be located on the
premises of the adult arcade.
6. A complete description of each machine to be located on the premises of the adult arcade,
including at a minimum the name of the manufacturer(s), serial numbers, name, type, or
description of each machine, name of the actual owner(s) of each machine with address(s)
and phone number(s), including any person or entity with a financial or an equitable
interest, and all UCC financing statements.
7. Whether the applicant has ever been engaged in operating a gaming or gambling house,
card room, games of chance, an amusement arcade, of any type or nature, and when,
where, and how long in each place within the five years preceding the date of the
application.
Machine registration requirements. Registration of each amusement device however operated, is
required at the time the application for a business tax receipt is submitted and the machine
registration must be renewed annually at the time the business tax receipt is renewed. For each
machine registered in the village, a numbered metal or plastic decal shall be issued by the village
to the applicant for each machine and must be prominently displayed by the applicant of where
the machine is to be operated in the premises, the manufacturer of the machine, the
manufacturer's serial number, and the software version if any. Registration decals are not
transferable from person to person, business to business, location to location, or machine to
machine. The registration decal for each machine shall be attached thereto and in plain view at
all times. The failure of any machine to display a current registration decal shall be a violation of
this section and subject to enforcement action by the village. No machine will be eligible for a
registration decal if its operation involves any material elements of chance unless:
(Supp. No. 34, Update 1)
The applicant submits with the application, satisfactory proof that the applicant has
registered with the United States Department of Justice pursuant to 15 United States Code
1171, and
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The applicant submits with the application, all records required by Federal law to be
maintained by those who register under 15 United States Code 1171, and certifies the
machine bears the permanent marking required by Federal law.
The applicant shall keep the registered machines, the records of acquisition, location and
disposition required by Federal Law, and records of prize awards open to law/code
enforcement inspection at any time.
Peace disturbances, gambling, intoxicated persons, minors. No tenant, lessee, licensee or owner
of any adult arcade, or any servant, agent, or employee of such a licensee or owner, shall permit
upon the premises of an adult arcade, any of the following:
1. Disorderly persons.
2. Gambling or the use of, possession, or presence of gambling paraphernalia, as defined in
F.S. Chapter 849 , or wagering, betting, gambling and/or gaming via the internet, such as in
virtual or cyberspace casinos or otherwise, as more specifically prohibited herein.
3. Intoxicated or substance impaired persons.
4. Loud noise, sounds or music to emanate from the adult arcade, which noise, sounds, or
music is disturbing to the surrounding properties, as prohibited by chapter 30 article X.
5. Any tenant, lessee, licensee or owner, or any servant, agent, or employee of an adult
arcade, shall be presumed to have permitted the conduct enumerated in this section if it
occurs on premises housing an adult arcade.
(19) Microbrewery.
(e) Prohibited uses and structures. The following uses and structures are prohibited in the C-2 district:
Any use or structure not specifically or by reasonable implication permitted in this section as a permitted
use, accessory use or permissible by special exception.
(f) Property development regulations (see also table inset in section 78-143).
(1) Building height. The allowable height for buildings in the C-2 zoning district shall be a maximum of four
stories or 50 feet above the average finished grade.
(2) Setbacks. The minimum setback for principal and accessory structures in the C-2 district shall be as
follows:
Front yard setback: 25 feet, provided however, that four- and five -story buildings shall provide an
additional five feet of setback for each story above 50 feet;
Rear yard setback: Ten feet, provided however, that no rear yard setback shall be required if the
property abuts a railroad right-of-way or spur track;
Side yard setback: Ten feet except a 20-foot side yard setback shall be required at any intersecting
street and where a property is contiguous with any non-commercial zoning district.
(3) Minimum site area, lot width, and coverage requirements. The minimum site area shall not be less than
7,500 square feet. The minimum lot width shall not be less than 75 feet. The maximum lot coverage
shall not exceed 40 percent.
(4) Open space. The minimum percentage of landscaped open space is 25 percent.
(Ord. No. 6-14, § 2, 3-13-2014; Ord. No. 14-14, § 1, 10-9-2014; Ord. No. 03-21, § 3, 3-11-2021)
(Supp. No. 34, Update 1)
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Agenda Item #3.
Sec. 78-178. C-3 general commercial district.
(a) Purpose. It is the purpose and intent of the C-3 general commercial district to provide lands within the village
as depicted on the official zoning map and thereby encourage the development of a general variety of
commercial uses which provide a wide range of goods and services.
(b) Permitted uses. Permitted uses in the C-3 district are as follows:
(1) Retail sales and services.
(2) Business services.
(3) Health care facility or medical or dental office; professional office; professional services.
(4) Personal services.
(5) Retail package liquors, lounges and bars.
(6) Restaurants, excluding fast food restaurants, drive-in restaurants and carryout restaurants.
(7) Restaurant, specialty.
(8) Nurseries.
(9) Florists.
(10) Printing establishments.
(11) Carwash.
(12) Bakery.
(13) Automotive repair establishments.
(14) Dry cleaning and laundry establishments, including laundromats.
(15) Wholesale establishments.
(16) General service and repair establishments.
(17) Wireless telecommunication towers and antennas located on village owned property, pursuant to
article IX, division 5.
(18) Motor vehicle dealers, subject to the following conditions:
a. Size shall be regulated with a minimum of two acres and a maximum of five acres. Motor vehicle
dealer establishments shall be prohibited from locating within 1,000 lineal feet of an existing or
previously approved motor vehicle dealer establishment within the jurisdictional boundaries of
the village.
b. Hours and days of operation shall be restricted as follows:
1. 24-hour operation is prohibited.
2. Specific closing no later than 9:00 p.m.
3. Must remain closed on Sundays.
4. No opening for business before 7:00 a.m.
C. The use of banners, streamers, balloons or any similar device shall be prohibited. The use of flags
and flagpoles shall be pursuant to article XI of this chapter.
(Supp. No. 34, Update 1)
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Agenda Item #3.
All customer servicing, including washing, waxing and cleaning, and repair of motor vehicles, shall
be conducted within completely enclosed buildings.
e. All parts, supplies and materials shall be located or stored within completely enclosed buildings.
Except for the parking of the motor vehicles to be sold, rented, or serviced, there shall be no
outside storage of any kind.
The sale or rental of used motor vehicles shall only be an accessory to the principal use of the
building, land area or premises. The sale or rental of used motor vehicles as the principal primary
purpose or function for which any building, land area or premises is utilized shall be prohibited.
The motor vehicle dealer must be in possession of a state department of motor vehicles
franchised dealer license prior to the opening of the facility. The certificate of occupancy for the
motor vehicle dealer establishment shall be conditioned by the requirement that the motor
vehicle dealer establishment ownership be in possession of a state department of motor vehicles
franchised motor vehicle dealer license for the site of the motor vehicle dealer establishment
prior to opening for business.
g. The site plan for proposed motor vehicle dealer establishments shall include, but not be limited
to, the following:
1. Delineation of the customer parking area and the configuration of the parking spaces for
the customer parking area.
2. Delineation of an employee parking area and the configuration of the parking spaces for
the employee parking area.
3. Delineation of the required enclosed new vehicle showroom building.
4. Delineation of an acceptable outdoor vehicle display area and the configuration of the
parking spaces for the display area.
5. Delineation of any proposed vehicle storage area.
No more than 50 percent of the required designated outdoor vehicle display area may be utilized
for the display of used motor vehicles.
Motor vehicle dealers shall be required to provide a new vehicle showroom building of no less
than 3,000 gross square feet in area.
All "tent" sales, as well as all "telethon," "marathon," "24 hours," etc., sales efforts or campaigns
of any type, shall be prohibited.
k. The use of spotlights, skylights, searchlights, or other similar high intensity illumination lighting
shall be prohibited.
All artificial lighting used to illuminate the premises shall be directed away from adjacent or
abutting properties, streets, alleys, or roadways, illuminating only the subject site.
M. All radio, television, or other similar media broadcast from anywhere on the premises shall be
prohibited.
Any use of animated or mechanical animal, clown, etc., devices, also, anyone carrying sales signs,
advertising, or placards of any kind, from anywhere on or adjacent to the premises shall be
prohibited.
All writing, lettering, pricing, advertising, or signage of any type being placed directly upon or
within any motor vehicle or part thereof (i.e., windshield, window, roof, hood, trunk, side panels,
etc.) shall be prohibited. However, nothing in this subsection shall be construed to prohibit
(Supp. No. 34, Update 1)
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Agenda Item #3.
provision of required vehicular information stickers or labels as may be required by federal, state
or other law.
p. Motor vehicle dealers shall be subject to the requirements of article IX, division 2 of this chapter
and all other applicable sections of this chapter.
q. All vehicle storage areas shall be fenced or walled off. Designated vehicle storage areas shall be
contained within the rear yard of the subject property.
r. All applicable sign regulations of the village as provided in article IX of this chapter shall be
applied and met.
S. The use shall strictly conform with the village landscape regulations, article IX, division 4 of this
chapter. Additionally, 15 percent minimum of the entire site shall be devoted to living
landscaping.
t. The entire site shall be hedged, landscaped, buffered and irrigated in accordance with village
landscape regulations, article IX, division 4 of this chapter. Additionally, a 15-foot buffered
landscaped area separating the front yard of the property from abutting right-of-way shall be
required.
U. The use of raised or open hoods, trunks and doors for advertisement or attention seeking
purposes shall be prohibited. Utilization of unusual parking alignments such as "back end first"
configurations for advertisement or attention seeking purposes shall also be prohibited.
V. Stormwater runoff must be retained on -site in accordance with South Florida Water
Management District guidelines. All motor vehicle sales establishments must provide on -site
waste retention facilities for chemical and petroleum products.
W. No outdoor public address or paging system of any kind shall be permitted at any motor vehicle
sales establishment.
X. All vehicles for sale, rental or display, not located within an enclosed structure, must be parked at
grade.
(19) Places of assembly (1,500 square feet or less), subject to the following conditions:
a. All presentations and events shall be conducted entirely within a building.
b. Allowed accessory uses are: preschool and school facilities; assembly halls, sanctuaries or similar
meeting rooms; community centers or fellowship halls; administrative offices related to the
facility; gift shops for merchandise related to the facility; playgrounds and athletic fields.
(20) Veterinary office.
(21) Medical marijuana treatment centers, subject to the following requirements:
a) Survey. Medical marijuana treatment center applicants and those entities or persons seeking a
zoning confirmation letter for medical marijuana treatment centers shall be required to provide a
survey sealed by a Florida -registered land surveyor who is licensed by the State of Florida. The
survey shall indicate the distance between the proposed medical marijuana treatment center and
any real property that comprises a public or private elementary school, middle school, or
secondary school.
b) Location requirements. No medical marijuana treatment center cultivating or processing facility
shall be located closer than five hundred (500) feet from the real property that comprises a
public or private elementary school, middle school, or secondary school. All distances shall be
measured from property line to property line in a straight path without regard to intervening
structures or objects. Location requirements may not be varied.
(Supp. No. 34, Update 1)
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Agenda Item #3.
c) License or permit fees. Medical marijuana treatment centers shall be charged all license or permit
fees in an amount equal to the license or permit fees charged to pharmacies pursuant to F.S. §
381.986 . Any person or entity applying for or renewing a business tax receipt for a medical
marijuana treatment center within the village shall exhibit an active state license, or proof of
same, before such business tax receipt may be issued.
d) Compliance with State Codes. Medical marijuana treatment centers must comply with the Florida
Building Code, the Florida Fire Prevention Code, or any local amendments thereto.
e) Statutory compliance. Medical marijuana treatment centers shall establish compliance with all
applicable provisions of F.S. § 381.986, as that section may be amended from time to time.
(c) Accessory uses. Accessory uses allowed in the C-3 district are as follows:
Any accessory use customarily incidental to a permitted use.
(d) Special exception uses. Special exception uses in the C-3 district are as follows:
(1) Public utility buildings such as water pumping plants, water treatment plants, sewage plant lift stations
and electric substations; police and fire stations and any other use normally appurtenant thereto;
libraries and governmental uses.
(2) Places of assembly (1,515 square feet or more), subject to the following conditions:
a. All presentations and events shall be conducted entirely within a building.
b. Allowed accessory uses are: preschool and school facilities; assembly halls, sanctuaries or similar
meeting rooms; community centers or fellowship halls; administrative offices related to the
facility; gift shops for merchandise related to the facility; playgrounds and athletic fields.
(3) Theaters.
a. All presentations, shows and events shall be conducted entirely within a building.
b. No presentations, shows or events shall be started after 11:00 p.m.
(4) Full -service fuel station or gasoline service station, provided:
a. There shall be a main building setback from all right-of-way lines of 40 feet.
b. Main and accessory buildings shall be located a minimum of 50 feet from any residential district.
C. A minimum six inches in height raised curb shall be required at all right-of-way lines, except at
approved access driveway openings.
d. Curb openings and access driveway widths and locations shall meet the requirements of article X
of this chapter, except as provided for in subsection (d)(4)e of this section. Curb openings shall be
limited to two per street frontage.
e. Where two curb openings are providing access to a single street, they shall be separated by an
approved landscape island, ten feet in width and 25 feet in length at the right-of-way line. Curb
cuts for access driveways shall be located a minimum of ten feet from any adjoining property
line.
f. To ensure that sufficient room be provided on either side of the fuel pumps without intruding
upon sidewalks or upon adjoining property, fuel pumps shall be located a minimum of 50 feet
from any adjoining property and a minimum of 25 feet from any street property line.
g. All tanks, vents, pump islands and pump island or main and accessory building canopies shall
provide a minimum setback of 25 feet from any adjoining property or right-of-way.
(Supp. No. 34, Update 1)
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Agenda Item #3.
h. Off-street loading spaces for the delivery of materials, merchandise, fuel or any similar product
shall be located in such a manner that they are completely separate from required customer
parking spaces and access drives and aisles thereto.
i. The selling, renting or leasing of new and/or used motor vehicles, trailers or recreational vehicles
is prohibited.
j. All oil drainage pits, hydraulic lifts and mechanical repair work shall be located and conducted
within an enclosed building or structure.
k. No body damaged vehicle or vehicle components of any kind or condition shall be exposed to
view from a public road right-of-way.
I. All full -service fuel stations and gasoline service stations shall be equipped with an emergency
backup generator system of sufficient size and power to operate the fuel pumping systems for a
minimum of seven days.
(5) Convenience store, provided:
a. The proposed convenience store shall be subject to all special requirements for fuel dispensing
businesses (full service fuel stations and gasoline service stations) if the proposed store is to
include such use.
b. The proposed site shall meet or exceed the landscaping requirements found in article IX, division
4 of this chapter.
C. The proposed store shall be free of all obstructions of view from the adjacent street to the main
store windows giving a clear and unobstructed view of the cashier's station, including
obstructions of landscaping and fuel service islands.
d. The proposed store shall incorporate into its construction and operation fire protection devices
as required by the village fire -rescue department.
e. The proposed store shall have adequate on -site lighting that illuminates all parking, loading and
fuel service islands.
f. No convenience store shall be located within 1,500 feet of any other convenience store. For the
purposes of this subsection, all measurements of distances shall be along a straight airline route
from the nearest point on any property line to the nearest point on any property line of any
property used as a convenience store.
g. The proposed convenience store shall have appropriate security systems to include, but not be
limited to, the following:
1. Convenience store uses shall be equipped with cameras with video retrieval capabilities.
i. This requirement shall be exempted if the convenience store employs two or
more employees at the same time between the hours of 11:00 p.m. and 7:00
a.m.
ii. This requirement shall also be exempted if the convenience store closes on a
permanent basis by 11:00 p.m. or does not sell alcoholic beverages for
consumption off -premises.
2. The convenience store may be equipped with a silent alarm connected to the police
department.
The proposed convenience store shall not have as a part of its operation coin -operated
amusement devices.
(Supp. No. 34, Update 1)
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Agenda Item #3.
i. All convenience stores that include fuel dispensing services shall be equipped with an emergency
backup generator system of sufficient size and power to operate the fuel pumping systems for a
minimum of seven days.
(6) Wireless telecommunication towers and antennas located on property that is not village owned,
pursuant to article IX, division 5.
(7) Indoor amusements (bowling, pool, billiards, video game arcade and similar amusements).
(8) Drive-in/fast food/carryout restaurants.
a. Each drive-in stacking lane must be clearly defined and designed so as not to conflict or interfere
with other vehicle or pedestrian traffic utilizing the site.
b. A bypass lane shall be provided if a one-way traffic flow pattern is utilized in the parking lot.
(9) Automotive repair establishments (major or minor).
(10) Shopping centers.
(11) Adult entertainment, pursuant to article XIII of this chapter.
(e) Prohibited uses and structures. The following uses and structures are prohibited in the C-3 district:
Any use or structure not specifically or by reasonable implication permitted in this section as a permitted
use, accessory use or permissible by special exception.
(Ord. No. 14-14, § 1, 10-9-2014; Ord. No. 16-17, § 2, 11-9-2017; Ord. No. 03-21, § 4, 3-11-2021)
(Supp. No. 34, Update 1)
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