HomeMy WebLinkAboutDocumentation_Workshop_Tab 02_1/29/2024 Agenda Item #2.
Workshop
STAFF MEMO
Meeting: Workshop - Jan 29 2024
Staff Contact: Jay Hubsch Department: Community Development
Update on Land Development Regulations Recommended as part of the Commercial Corridor Master
Plan
. -
After adoption of the Commercial Corridor Master Plan in October 2022, the Village's Planning
Consultants, Chen Moore workshopped commercial code updates at several Village Council
meetings throughout 2023. The most recent workshop was on December 4, 2023. After receiving
feedback from Council, revisions have been made to the draft code. Notable changes to the code
since the last meeting are:
-Formula restaurants and drive through buildings are prohibited in the Tequesta Drive and Village
Center Overlays.
-Formula businesses over 1,250 square feet are listed as Special Exception uses in the Tequesta
Drive and Village Center Overlays. Formula businesses under 1,250 square feet are permitted uses.
-Formula businesses and restaurants over 1,250 square feet are listed as Special Exception uses in
the US-1 Highway Overlay. Formula businesses and formula restaurants under 1,250 square feet
are permitted uses.
-A waiver process was added that will enable an applicant to apply for relief from the Village Council
for specific code provisions. The draft code states that waivers cannot be granted to add uses that
are not permitted, cannot increase the density of a project, and cannot increase the building height.
-A process was created where applicants can request approval from the Village Council to pay the
Village cash in lieu of providing land for civic open space.
Further detail on the proposed updates will be provided in the staff presentation.
This document and any attachments may be reproduced upon request in an alternative format by
completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-
768-0443.
BUDGET • - •
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Agenda Item #2.
COMMENTS/EXPLANATION ON SELECTIONn/a
ATTACHMENT
1-22-24 - TCRPC Code Revisions
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Agenda Item #2.
Proposed Text for the Village of Tequesta
1-22-24- DRAFT
OVERLAYS CODE TEXT AMENDMENT
Newly proposed text has been highlighted yellow and placed in red font
Sec. 78-4. - Definitions.
Retail food establishment means any fixed or mobile place or facility at or in which food or beverage is
offered or prepared for retail sale or for service.The definition includes restaurants,fast food restaurants,
carryout restaurants and drive-in restaurants. A cafeteria shall be deemed a restaurant for purposes of
this chapter.
(1) Restaurant
(6) Restaurant, formula means any establishment that is one of a chain or group of three or more
restaurants in the nation, and which satisfies at least two of the following three descriptions:
(1) It has the same or similar name, trade name, or trademark as others in the chain or group;
(2) It has standardized and limited menus, ingredients,food and beverage preparation;
(3) It offers any of the following characteristics in a style that is distinctive to and standardized
among the chain or group:
a. Exterior design or architecture;
b. Interior design; or
c. uniforms, except that a personal identification or simple logo will not render the
clothing a uniform.
Overlay District means an area of land for which there are uniform regulations governing the use of
buildings and premises, density of development, yard requirements, and height limitations. layered on
top of another existing zoning district,additional standards to all areas within a defined overlay boundary,
Open space, civic means an outdoor area that is maintained as an urban amenity and is accessible to the
general public. Civic open spaces typically take the form of a green, a plaza, a playground, a square, or
others.
Business, formula means an establishment that offers health care, medical, dental, retail, personal
service, or real estate services with a standardized array of services and/or merchandise, employee
uniforms, decor, facade design, signage, color scheme, trademark or service mark, name, or similar
standardized features; and is one of a chain or group of three or more in the nation.
Transparency, facade means the amount of transparent window glass or other openings in a building's
facade along a street frontage, relative to the overall surface area of the facade.This ratio is expressed
as a percentage and is calculated separately for the ground story of a facade and for each upper story.
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Sec. 78-96. - Discontinuance of nonconforming uses.
When a nonconforming use has been vacated, abandoned or discontinued for a period of 90
consecutive days, any future use in such structure or on such land shall revert to the uses permitted in
the district in which the structure and/or land is located, and shall not thereafter be occupied by any
nonconforming use. The 90-day period set forth herein shall not apply to the discontinuation of a
nonconforming use caused by flood,fire,explosion or other casualty, or act of God, government, or the
public enemy. However, to the extent that structural restoration or repair is required in order for the
nonconforming use to resume, Section 78-98(c) shall apply.
If an existing use was legally permitted on its site prior to changes in the Tequesta Drive, US Highway 1,
or Village Center Overlays in 2024 but is not listed as a permitted use in the new overlay district, that
existing use will continue to be deemed a permitted nonconforming use. When a nonconforming use
has been vacated, abandoned, or discontinued for a period of 90 consecutive days, any future use in
such structure or on such land shall revert to the uses permitted in the overlay district in which the
structure and/or land is located, and shall not thereafter be occupied by any nonconforming use.
Sec. 78-176. C-1 neighborhood commercial district.
(a) Purpose. It is the purpose and intent of the C-1 neighborhood commercial district to provide lands
within the village as depicted on the official zoning map for limited retail sales and business service
activities primarily designed to serve residential neighborhoods of the village. The district is not
intended for use by major or large scale commercial or service concerns. Professional and business
offices and service establishments and uses that specifically address the needs of surrounding
residents are encouraged. Orientation to and compatibility with neighborhoods to be served are
critical.
(b) Permitted uses. Permitted uses in the C-1 district are as follows:
(1) Retail sales and services, excluding retail package liquors (except formula businesses in excess
of 1,250 square feet)
(2) Business services. (except formula businesses in excess of 1,250 square feet)
(3) Health care facility or medical or dental office; professional office; professional services.
(except formula businesses in of excess 1,250 square feet)
(4) Personal services. (except formula businesses in of excess 1,250 square feet)
(5) Restaurants, excluding fast food restaurants, drive-in restaurants, and carryout restaurants.
(excluding formula restaurants in Tequesta Drive Overlay)
(6) Restaurant, specialty. (excluding formula restaurants in the Tequesta Drive Overlay)
(7) Libraries, art galleries and museums.
(8) Wireless telecommunication towers and antennas located on village owned property, pursuant
to article IX, division 5.
(9) Places of assembly (750 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
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Agenda Item #2.
related to the facility; gift shops for merchandise related to the facility; playgrounds and
athletic fields.
(c) Accessory uses. Accessory uses allowed in the C-1 district are as follows:
Any accessory use customarily incidental to a permitted use.
(d) Special exception uses. Special exception uses in the C-1 district are as follows:
(7) Formula business. (1,251 square feet or more), subject to the following conditions:
(a.) The proposed formula business shall comply with the requirements of Village Code Sections 78-
363 and 78-364.
(b.) The proposed formula business will not alter the identity of the zoning district in a way which
detracts from its uniqueness.
(c.)The proposed formula business will contribute to a diverse and appropriate blend of businesses in
the district.
(d.) The proposed formula business will complement the existing businesses in the district and help
promote and foster the local economic base.
(e.)The proposed formula business will be compatible with existing surrounding uses.
(f.)The proposed formula business has been designed and will be operated in a nonobtrusive manner
to preserve the community's character and ambiance and the proposed intensity of uses on the site
is appropriate given the uses permitted on the site and on adjoining sites.
(g.) Architectural Style, design, exterior facade colors shall be compatible with the surrounding
neighborhood.
h.)The proposed formula business' corporate structural elements and signage will be designed to be
in harmony with architectural features and elements of the building and neighborhood as approved
by the Village Council.
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 (except formula businesses in excess
of 1,250 square feet)
(2) Business services. (except formula businesses in excess of 1,250 square feet)
(3) Health care facility or medical or dental office; professional office; professional services.
(except formula businesses in excess of 1,250 square feet)
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(4) Personal services. (except formula businesses in excess of 1,250 square feet)
(5) Restaurants, excluding fast food restaurants, drive-in restaurants, and carryout restaurants.
(excluding formula restaurants in Tequesta Drive and Village Center Overlays or formula
restaurants in the US Highway 1 Overlay that exceed 1,250 square feet)
(6) Restaurant, specialty. (excluding formula restaurants in Tequesta Drive and Village Center
Overlays or formula restaurants in the US Highway 1 Overlay that exceed 1,250 square feet)
(7) Bakery. (excluding formula restaurants in Tequesta Drive and Village Center Overlays or
formula restaurants in the US Highway 1 Overlay that exceed 1,250 square feet)
(8) Dry cleaning and laundry establishments, including laundromats. (except formula businesses in
excess of 1,250 square feet)
(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:
(21) Formula business. (1,251 square feet or more), subject to the following conditions:
(a) The proposed formula business shall comply with the requirements of Village Code Sections 78-
363 and 78-364.
(b) The proposed formula business will not alter the identity of the zoning district in a way which
detracts from its uniqueness.
(c)The proposed formula business will contribute to a diverse and appropriate blend of businesses in
the district.
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Agenda Item #2.
(d) The proposed formula business will complement the existing businesses in the district and help
promote and foster the local economic base.
(e)The proposed formula business will be compatible with existing surrounding uses.
(f)The proposed formula business has been designed and will be operated in a nonobtrusive manner
to preserve the community's character and ambiance and the proposed intensity of uses on the site
is appropriate given the uses permitted on the site and on adjoining sites.
(g) Architectural Style, design, exterior facade colors shall be compatible with the surrounding
neighborhood.
(h)The proposed formula business' corporate structural elements and signage will be designed to be
in harmony with architectural features and elements of the building and neighborhood as approved
by the Village Council.
M Drive through shall comply with the drive through requirements set forth in Section 22-82 (9).
(22) Formula restaurant. (1,251 square feet or more), subject to the following conditions:
(a)The proposed formula restaurant shall comply with the requirements of Village Code Sections 78-
363 and 78-364.
(b) The proposed formula restaurant will not alter the identity of the zoning district in a way which
detracts from its uniqueness.
(c) The proposed formula restaurant will contribute to a diverse and appropriate blend
of businesses in the district.
(d)The proposed formula restaurant will complement the existing businesses in the district and help
promote and foster the local economic base.
(e)The proposed formula restaurant will be compatible with existing surrounding uses.
(f) The proposed formula restaurant has been designed and will be operated in a nonobtrusive
manner to preserve the community's character and ambiance and the proposed intensity of uses on
the site is appropriate given the uses permitted on the site and on adioinin sites.
ites.
(g) Architectural Style, design, exterior facade colors shall be compatible with the surrounding
neighborhood.
(h)The proposed formula restaurant's corporate structural elements and signage will be designed to
be in harmony with architectural features and elements of the building and neighborhood as
approved by the Village Council.
(i) Drive through shall comply with the drive through requirements set forth in Section 78-177 (d)
(17)(a through d)
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Agenda Item #2.
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. (except formula businesses in excess of 1,250 square feet)
(2) Business services. (except formula businesses in excess of 1,250 square feet)
(3) Health care facility or medical or dental office; professional office; professional services.
(except formula businesses in excess of 1,250 square feet)
(4) Personal services. (except formula businesses in excess of 1,250 square feet)
(5) Retail package liquors, lounges and bars.
(6) Restaurants, excluding fast food restaurants, drive-in restaurants and carryout restaurants.
(excluding formula restaurants in Tequesta Drive and Village Center Overlays or formula
restaurants in the US Highway 1 Overlay that exceed 1,250 square feet)
(7) Restaurant, specialty. (excluding formula restaurants in Tequesta Drive and Village Center
Overlays or formula restaurants in the US Highway 1 Overlay that exceed 1,250 square feet)
(8) Nurseries.
(9) Florists.
(10) Printing establishments.
(11) Carwash. (except formula businesses in excess of 1,250 square feet)
(12) Bakery. (excluding formula restaurants in Tequesta Drive and Village Center Overlays or
formula restaurants in the US Highway 1 Overlay that exceed 1,250 square feet)
(13) Automotive repair establishments.
(14) Dry cleaning and laundry establishments, including laundromats. (except formula businesses in
excess of 1,250 square feet)
(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.
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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.
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 the motor vehicles to be sold, rented, or serviced,
there shall be no outside storage of any kind.
f. 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.
h. No more than 50 percent of the required designated outdoor vehicle display area may be
utilized for the display of used motor vehicles.
i. Motor vehicle dealers shall be required to provide a new vehicle showroom building of no
less than 3,000 gross square feet in area.
j. 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.
I. 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.
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Agenda Item #2.
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. 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.
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Agenda Item #2.
(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.
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.
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Agenda Item #2.
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.
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.
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Agenda Item #2.
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.
h. The proposed convenience store shall not have as a part of its operation coin-operated
amusement devices.
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.
(12) Formula business. (1,251 square feet or more), subject to the following conditions:
(a) The proposed formula business shall comply with the requirements of Village Code Sections 78-
363 and 78-364.
(b) The proposed formula business will not alter the identity of the zoning district in a way which
detracts from its uniqueness.
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Agenda Item #2.
(c)The proposed formula business will contribute to a diverse and appropriate blend of businesses in
the district.
(d) The proposed formula business will complement the existing businesses in the district and help
promote and foster the local economic base.
(e)The proposed formula business will be compatible with existing surrounding uses.
(f)The proposed formula business has been designed and will be operated in a nonobtrusive manner
to preserve the community's character and ambiance and the proposed intensity of uses on the site
is appropriate given the uses permitted on the site and on adjoining sites.
(g) Architectural Style, design, exterior facade colors shall be compatible with the surrounding
neighborhood.
(h)The proposed formula business' corporate structural elements and signage will be designed to be
in harmony with architectural features and elements of the building and neighborhood as approved
by the Village Council.
(i) No drive throughs shall be permitted.
(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)
Sec. 78-180. MU mixed-use district.
(c) Conflicts with other regulations. Where conflicts exist between the mixed-use district special
regulations in this section and general zoning,subdivision and other applicable ordinance provisions,
the special regulations in this section shall apply. Where conflicts exist between the mixed-use
district special regulations in this section and an overlay district regulations,the overlay regulations
supersede the mixed-use zoning district special regulations.
(h) Permitted uses. Permitted uses in the mixed-use district are as follows:
(1) Single-family dwellings.
(2) Two-family dwellings.
(3) Multiple-family dwellings.
(4) Small-scale retail sales and service, excluding retail package liquors. A maximum 5,000 square
feet of gross leasable area is allowed for each tenant area or individually owned unit. (except
formula businesses in excess of 1,250 square feet)
(5) Business services. A maximum 5,000 square feet of gross leasable area is allowed for each
tenant area or individually owned unit. (except formula businesses in excess of 1,250 square
feed
(6) Health care facility or medical or dental office; professional office; professional services. A
maximum 5,000 square feet of gross leasable area is allowed for each tenant area or
individually owned unit. (except formula businesses in excess of 1,250 square feet)
12
Page 22 of 96
Agenda Item #2.
(7) Personal services. A maximum 5,000 square feet of gross leasable area is allowed for each
tenant area or individually owned unit. (except formula businesses in excess of 1,250 square
feet)
(8) Bakeries. A maximum 5,000 square feet of gross leasable area is allowed for each tenant area
or individually owned unit.(excluding formula restaurants in Tequesta Drive Overlay and Village
Center Overlays)
(9) Recreation/open space.
(10) Restaurants (including carryout and specialty).A maximum 5,000 square feet of gross leasable
area is allowed for each tenant area or individually owned unit. (excluding formula restaurants
in Tequesta Drive Overlay and Village Center Overlays)
(11) 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; and rectory or similar residence for facility officials or on-site caretakers,
limited to one dwelling unit.
(i) Special exception uses. Special exception uses in the mixed-use district are as follows:
(1) Reserved.
(2) Public buildings and facilities.
(3) Reserved.
(4) 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; and rectory or similar residence for facility officials or on-site caretakers,
limited to one dwelling unit.
(5) Schools.
(6) Bed and breakfast.
(7) Hotel.
(8) Adult congregate living facility (ACLF) subject to the provisions of section 78-177(d)(4).
(9) Gasoline service station (only fronting on U.S. Highway 1).
(10) Reserved.
(11) Railway station.
(12) Planned residential development(PRD) (subject to the provisions of article VII of this chapter).
(13) Planned commercial development (PCD) (subject to the provisions of article VIII of this
chapter).
13
Page 23 of 96
Agenda Item #2.
(14) Permitted uses under subsections (h)(4), (5), (6), (7), (8) and (10) of this section in excess of
5,000 square feet (including large scale retail sales and service) which are in conformity with
the intent and integrity of the district.
(15) 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.
(16) Rehabilitation facilities, subject to the following conditions:
a. Rehabilitation facilities shall be prohibited from being located within a one-half mile
radius of another rehabilitation facility.
b. Ninety percent of the dwelling units shall have a minimum of 575 square feet. The
remaining ten percent of the dwelling units may have a minimum of 500 square feet.
C. A maximum of 45 percent of the dwelling units shall be permitted to have two bedrooms.
In no case shall a dwelling unit have more than two bedrooms. Two bedroom dwelling
units shall have a minimum of 750 square feet.
d. Occupant load for individuals receiving treatment shall not exceed the number of
bedrooms. Bedrooms and studio dwelling units shall be for single occupancy only.Overall
density for a rehabilitation facility shall not exceed eight dwelling units per gross acre.
e. Dwelling units shall be configured as follows:
1. Studio units,if provided,shall have a one combination bedroom/living area/kitchen,
and a private bathroom.
2. One-bedroom units, if provided, shall have one private bedroom, one private
bathroom, private living areas and a private kitchen.
3. Two-bedroom units, if provided, shall have two private bedrooms, two private
bathrooms, common living areas and a common kitchen.
f. Dwelling units shall not have separate individual mailing addresses. Rather, the
rehabilitation facility shall maintain one master address which all residents shall reside
under during their stay at the rehabilitation facility.
g. Rehabilitation facilities must be equipped with a controlled space, effectively screened
from public view,for arrivals and departures of patients.This space shall be large enough
to accommodate an ambulance for transporting patients in and out of the facility.
h. Rehabilitation facilities shall be surrounded on all sides by a fence or wall located as close
to the property lines as is practical. The fence or wall shall be a minimum of six feet in
height but may be as high as ten feet, measured from finished grade, in order to ensure
privacy for both rehabilitation facility patients and for village residents.The fence or wall
shall be constructed in such a manner as to complement and accentuate the principal
14
Page 24 of 96
Agenda Item #2.
structures of the rehabilitation facility. Both the interior and exterior sides of the fence or
wall shall be landscaped in accordance with the principles set forth at section 22-84 of the
Village Code of Ordinances. If a fence,wall or hedge is located on a corner lot or a double
frontage lot, a vehicular and pedestrian visibility triangle of a size and dimension which
complies with current traffic engineering standards of the American Association of State
Highway and Transportation Officials (AASHTO) and the county shall be provided in both
directions from the intersection point of the property lines.
i. The rehabilitation facility shall include a backup generator system. The system shall be
sized for the building occupancy load and have a fuel source sufficient to operate the
facility for a minimum of seven days.
j. The rehabilitation facility shall by separate agreement guarantee payment to the primary
fire rescue provider for patient ambulance transport service.
k. In conjunction with the application for special exception use, the rehabilitation facility
shall submit a security plan that includes patient off-site visits. The security plan shall be
approved by the village council with input from the chief of police.
I. Reserved.
m. In conjunction with the application for special exception use, the village may, at its
discretion,secure an impact analysis study, performed by an independent entity,detailing
the proposed rehabilitation facility's projected community wide impacts. This study, if
prepared, shall specifically address the rehabilitation facility's potential economic impact
to the village, the creation and continuation of jobs, the potential impact on law
enforcement and criminal activity, and the potential impact on the village's emergency
medical resources. In addition, the study should address the proposed rehabilitation
facility's impact on the quality of life for neighboring properties and the village as a whole.
n. In conjunction with the application for a business tax receipt and the annual renewal
thereof, a rehabilitation facility shall submit to the village, in the form of a sworn affidavit
by the rehabilitation facility's legal representative who is authorized to do so, written
documentation that the rehabilitation facility is in compliance with all requirements of
this section as well as the definitional requirements of section 78-4. Should the
rehabilitation facility's business tax receipt be issued based upon a false affidavit, the
village may seek to impose all penalties allowed by law, pursuant to chapter 70, article II
of the village code of ordinances.
o. Should the rehabilitation facility at any time violate any of the requirements of this section
or any of the definitional requirements of section 78-4, the village may obtain relief
through the code enforcement special magistrate process pursuant to chapter 2, article
IV of the village code of ordinances. For purposes of the code enforcement special
magistrate process,each day that the rehabilitation facility is found to be in violation shall
be considered a separate offense. In addition to the code enforcement special magistrate
process,the village may seek any and all relief available to it by law or in equity, including,
but not limited to injunctive relief, recovery of money damages, or both.
(17) Shopping center.
(18) Formula business. (1,251 square feet or more), subject to the following conditions:
15
Page 25 of 96
Agenda Item #2.
(a) The proposed formula business shall comply with the requirements of Village Code Sections 78-
363 and 78-364.
(b) The proposed formula business will not alter the identity of the zoning district in a way which
detracts from its uniqueness.
(c)The proposed formula business will contribute to a diverse and appropriate blend of businesses in
the district.
(d) The proposed formula business will complement the existing businesses in the district and help
promote and foster the local economic base.
(e)The proposed formula business will be compatible with existing surrounding uses.
(f)The proposed formula business has been designed and will be operated in a nonobtrusive manner
to preserve the community's character and ambiance and the proposed intensity of uses on the site
is appropriate given the uses permitted on the site and on adjoining sites.
W Architectural Style, design, exterior facade colors shall be compatible with the surrounding
neighborhood.
(h)The proposed formula business' corporate structural elements and signage will be designed to be
in harmony with architectural features and elements of the building and neighborhood as approved
by the Village Council.
(i) Drive through shall comply with the drive through requirements set forth in Section 22-82 (9).
(19) Formula restaurant. (1,251 square feet or more), subject to the following conditions:
(a)The proposed formula restaurant shall comply with the requirements of Village Code Sections 78-
363 and 78-364.
(b) The proposed formula restaurant will not alter the identity of the zoning district in a way which
detracts from its uniqueness.
(c) The proposed formula restaurant will contribute to a diverse and appropriate blend
of businesses in the district.
(d)The proposed formula restaurant will complement the existing businesses in the district and help
promote and foster the local economic base.
(e)The proposed formula restaurant will be compatible with existing surrounding uses.
(f) The proposed formula restaurant has been designed and will be operated in a nonobtrusive
manner to preserve the community's character and ambiance and the proposed intensity of uses on
the site is appropriate given the uses permitted on the site and on adjoining sites.
(g) Architectural Style, design, exterior facade colors shall be compatible with the surrounding
neighborhood.
16
Page 26 of 96
Agenda Item #2.
(h)The proposed formula restaurant's corporate structural elements and signage will be designed to
be in harmony with architectural features and elements of the building and neighborhood as
approved by the Village Council.
(i) Drive through shall comply with the drive through requirements set forth in Section 78-180(i)(15).
(j) Accessory uses. Accessory uses allowed in the mixed-use district are as follows:
(1) Any accessory use customarily incidental to a permitted use.
(2) Private garages, swimming pools, spas and hot tubs, cabanas and saunas, greenhouses,tennis
courts,clubhouses, utility buildings,gazebos,and any other similar use deemed appropriate by
the building official.
(k) Planned mixed-use development review process required. Use of the planned mixed-use
development (PMUD) review process is required for all permitted, special exception, and accessory
uses within the mixed-use district except for the development or re-development of lots or parcels
of less than three acres.
(1) Prohibited uses. The following uses are prohibited in the mixed-use district:
(1) Wholesale.
(2) Warehouses.
(3) Carwash (that is not an accessory use).
(4) Motel.
(5) Motor vehicle dealer.
(6) Pawnshop.
(7) Full-service fuel station/gasoline service station (not fronting U.S. Highway 1).
(8) Flea markets, indoor or outdoor.
(9) Automobile repair establishments, including garages and body shops.
(10) Kennels or veterinary offices.
(11) Any other use or structure not specifically or by reasonable implication permitted in this section
as a permitted use, special exception use or accessory use.
(m) Property development standards. Property development standards for the mixed-use district shall
be as set forth in this subsection. However, as part of the review and approval process by the village,
the village council may modify the property development standards, at its discretion, provided the
spirit and intent of the regulations and standards are complied with in the development of the
mixed-use district.
(1) Parking requirements. On-street and off-street parking shall be allowed within the mixed-use
district. The minimum number of required parking spaces to be provided shall be determined
from section 78-705 and may include a combination of on-street and off-street spaces. When
using on-street parking to meet a portion of the required parking for a proposed project, only
those spaces that lie within the street frontage areas of the property may be included in the
total calculations for meeting the minimum required parking requirements.
(2) Right-of-way width. The minimum width of rights-of-way within the MU district is as follows:
17
Page 27 of 96
Agenda Item #2.
a. Major street (collector): 50 feet.
b. Minor street (collector):
1. Two-way street: 50 feet.
2. One-way street: 42 feet.
(3) Drainage of streets and rights-of-way. Raised curb and gutter drainage systems shall be the
preferred method utilized within the MU district.Alternate drainage systems shall be approved
at the discretion of the village council during the site plan review process for a proposed
planned mixed-use development(PMUD).
(4) Schedule of site regulations. Site regulations in the MU district are as follows:
a. Minimum lot size 3,200 square feet
b. Minimum lot width 40 feet
C. Maximum lot coverage:
Residential 62%
Commercial:
For a single minimum sized lot 60%
For two or more lots or parcels in excess of the minimum sized lot 70%
under unity of title
d. Minimum front yard setback:
Residential 10 feet
Commercial 0 feet
e. Minimum side yard setback:
Residential:
On one side 0 feet
On remaining side 7 feet
Commercial:
On both sides where commercial abuts commercial 0 feet
Where commercial abuts residential 7 feet
f. Minimum rear yard setback:
Residential 10 feet
Commercial:
Where commercial abuts commercial 0 feet
18
Page 28 of 96
Agenda Item #2.
Where commercial abuts residential 10 feet
g. Minimum living area requirements Not applicable
h. Minimum landscaped/open space:
Residential 25%
Commercial 25%
(5) Landscaping requirements. Off-street parking facilities and all properties within the MU district
shall be landscaped in accordance with article IX, division 4 of this chapter.
(6) Signs. All wall, freestanding, monument, ceiling-mounted walkway, project identification,
composite, changeable letter and similar signs and/or signage shall be in keeping with the
purpose and intent of the mixed-use district and shall be subject to review and approval by the
village. Sections 78-731, 78-733, 78-734, 78-735, 78-736,78-737,and 78-738 shall apply within
the MU mixed-use district.
(Ord. No. 14-14, § 1, 10-9-2014; Ord. No. 11-16, § 1, 10-31-2016; Ord. No. 1-19, § 2, 3-14-2019; Ord. No.
03-21, § 5, 3-11-2021)
Sec. 78-181-78-220. - Reserved.
DIVISION 3.—OVERLAY DISTRICTS
Sec. 78-1xx. Tequesta Drive Overlay.
Please note, this map will not be included in the code text amendment. However, a zoning map
amendment will be required to include this overlay.
t
'� !m m• m f. m f • f • •i
S; ! � • � � � •a m a •:•' • �`^� S 1
swill
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■ °•■a° • ■ s + •"i :••. .i to•r•••• • r i• • ti��
.• • + •. •!•.i •• F F•+
Tequesta Drive Overlay
19
Page 29 of 96
Agenda Item #2.
(a) Purpose and intent. The Teguesta Drive Overlay is established to preserve and protect the
character, aesthetics, and uses permitted within the corridor while providing the opportunity for
limited retail and service uses in a manner convenient to and yet not disruptive to residential
areas.
(b) Conflicts with other regulations. In event that the overlay district regulations conflict with general
zoning or special district regulations, the overlay regulations supersede the general zoning or
special district regulations.
(c) Design. Aesthetic considerations are encouraged within the Teguesta Drive Overlay as set forth
by the Commercial Corridor Master Plan by Treasure Coast Regional Planning Council.
(d) Streets. Streets within the Teguesta Drive Overlay shall be designated as primary and secondary
streets. Teguesta Drive, Seabrook Road, and Cypress Drive shall be the only designated primary
streets while all other streets are designated as secondary streets.
(e) Location of building and off-street parking.
(1) Building Location.
a. Front Setback. The maximum setback shall be 20 feet. The following frontage types may
encroach into the front setback in the Teguesta Drive Overlay:
OverlayTeguesta Drive
Permitted Frontage Teguesta Drive West Seabrook Road Cypress Drive
Types
Porch v v X
Stoop v v X
Bracketed Balcony X X X
Forecourt v d d
Arcade X X X
Shopfront X JL
X means prohibited
d means permitted
b. Front fagade for third story and above must have front setback of eight(8)to twelve (12)
feet in addition to minimum.
20
Page 30 of 96
Agenda Item #2.
Property Line
Building Footprint 20' R-O-W
T
Allowable Encroachment Y
Walkway
Y N 4J
15 20' MAX 3 C v
Landscape Front Setback 16' a
Buffer N
---------------------------------- a
Sidewalk co
E
Swale
R-O-W
Primary Street
c. Building facades along a street frontage shall provide the appropriate facade transparent
elements such as glass windows or other approved openings to eliminate the creation of blank
and stark walls along street frontages.
32' Overall Setback
28' Overall Setback Level
12' 3
8'
Leve 12
20' MAX
Setback
16'
4, Level 1
Street Sidewalk .Landscape `
+Swale Buffer
Property Line , Building Line
R-O-VV - Private Properly
(2) Location of off-street parking
a. Parking is not permitted in the front setbacks or in the side setbacks facing streets, parks,
or civic open spaces.The diagrams following is for illustrative purposes. It represents minimum
requirements and should be considered as a guideline only.
21
Page 31 of 96
Agenda Item #2.
Primary Street
Swale
Sidewalk Property
------------------------------- ---- t'Line
I
v Y; Building Footprint i
` M _ �
E N I
a � I
I Rear Parking
I
R-a- 16'
20' — — J
F
R-o-w 15'Landscape Buffer
--------------------------------------------------- -
Figure 1: Building Fronting two (2) Primary Streets
Primary Street
Swale
Property �QA� Sidewalk
Lined ---- -- -------------------------------------
....... ............... ... .....
I
v #20 7rBuilding Footprint
N 6'
a Til
I '
U i
IIIIII Ill
�n Rear Parking
Rear Parking i
,
15' Landscape Buffer
-------------------------------------------------
Figure 2: Building Fronting Primary and Secondary Streets
22
Page 32 of 96
Agenda Item #2.
Primary Street
Swale �o
Property �O' Sidewalk
Line ---
--------------------- ---------------L---
v 20` Building Footprint !
v �6
m
cn S'
O ,
Rear Parking
Un
F1
Rear Parking
L__ _________________
4 Alleyway
Figure 3: Building Fronting Primary Streets, Secondary Streets, and Alleyways
b. Surface parking lots shall be screened from public view,when possible,by either buildings
or landscaping.
c. Shared parking is encouraged and shall meet the requirements set forth by section 78-708 of
the Village Code of Ordinances.
(d) Formula Businesses, Restaurants and Drive Through Facilities.
(1) Formula Restaurants and Drive Through Buildings are prohibited in the Tequesta Drive Overlay.
(2) Formula business. Formula businesses with a gross leasable area of 1,250 square feet or less and
conform with the intent and integrity of the district are permitted in the Tequesta Drive Overlay.Any
formula business or restaurant that exceeds 1,250 square feet are considered special exception uses
and are subject to the following conditions:
(a) The proposed formula business shall comply with the requirements of Village Code Sections 78-
363 and 78-364.
(b) The proposed formula business will not alter the identity of the zoning district in a way which
detracts from its uniqueness.
23
Page 33 of 96
Agenda Item #2.
(c)The proposed formula business will contribute to a diverse and appropriate blend of businesses in
the district.
(d) The proposed formula business will complement the existing businesses in the district and help
promote and foster the local economic base.
(e)The proposed formula business will be compatible with existing surrounding uses.
(f)The proposed formula business has been designed and will be operated in a nonobtrusive manner
to preserve the community's character and ambiance and the proposed intensity of uses on the site
is appropriate given the uses permitted on the site and on adjoining sites.
(g) Architectural style, design, exterior facade colors shall be compatible with the surrounding
neighborhood.
h) The proposed formula business' corporate structural elements and signage will be designed to be
in harmony with architectural features and elements of the building and neighborhood as approved
by the Village Council.
(e) Civic open space.
(1) Amount required. New development or additions of gross floor area equal to 20 percent or more
to existing buildings shall provide civic open space equal to five (5) percent of the total site's square
footage.
(2) Types of civic open spaces. Civic open space shall be designed as one of the following types,which
shall be identified on the site plan:
(a) Green.A green is at least 1,000 square feet in size and adjoins streets on at least two sides
or a street and a pedestrian passageway or main building entry. Greens are designed primarily
for passive uses, consisting primarily of lawn with either formally or informally arranged
landscaping.
(b) Plaza.A plaza is at least 1,000 square feet in size and adjoins streets on at least two sides
or a street and a pedestrian passageway or main building entry. Plazas are mostly hardscaped
with formally arranged landscaping and a water feature.
(c) Playground. A playground is at least 2,500 square feet in size. Playgrounds provide
children's play equipment and shaded seating. Playgrounds adjoin a street on at least one side
and the configuration should ensure easy surveillance of the area from adiacent buildings and
streets.
(d) Square.A square is at least 10,000 square feet and adjoins streets on at least three sides.
Squares may be up to 50 percent hardscaped, with formal landscaping. Squares accommodate
both passive uses and community gatherings.
(e) Attached Green.An attached green is generally 2,000 to 6,000 square feet and spans the
entire length of a block. Attached greens shall be at least 30 feet wide and are appropriate on
the short end of a block.Attached greens are primarily lawns with formally arranged landscaping.
24
Page 34 of 96
Agenda Item #2.
(f) For civic open space requirements less than 250 square feet, the space shall incorporate
elements such as: fountain, living wall, mural, or sculpture facing a street or a pedestrian
passageway.
(1) Forecourt. A forecourt is an open area in front of the main building entrance(s)
designed as a small garden or plaza. Low walls or balustrades no higher than three feet
six inches in height may enclose the forecourt. Forecourt walls are constructed of similar
material as the principal building or are composed of a continuous, maintained hedge. A
forecourt may afford access to one or more first floor residential dwelling units or
incorporate storefronts for commercial uses.The forecourt is suitable for outdoor seating
for residents or restaurants. Forecourts are typically associated with multifamily, mixed-
use, and commercial buildings.
2. Pedestrian passageway. A pedestrian passageway is open to the sky connecting
the front of the property to the rear,at least ten feet in width, and containing a minimum
of 50% pervious, landscaped area,with decorative elements of interest, such as benches,
trellises, sculptures, and water features which complement the design style of the
building. Outdoor use areas may be provided adjacent to but not within the minimum
required pedestrian passageway area.
(3) Payment in lieu. In lieu of dedication of land for civic open space, the Village Council at its
discretion may require a fee in lieu of land. Such fee shall be equal to the appraised value of the
amount of land that would otherwise be dedicated for civic open space purposes. Appraised
value shall be based upon the market value of the land in its present state, prior to the proposed
subdivision and/or development, as determined by the county tax assessor's appraised value.
a.A fee in lieu of land dedication may be required by the Village Council when the location, size,
natural condition, or other similar condition exists where the provision of land would not be in
the best interest of the Village.An example of such a condition might occur when there is existing
land available for recreational use within the immediate area of the proposed subdivision and/or
land development.
b. In determining whether land or a fee in lieu of land would best serve the purposes of the
Village, the Village Council shall consider the age groups of residents to be served, availability
and service capabilities of existing recreational facilities in the Village, and the general physical
characteristics of the proposed site for dedication.
c. Fees paid in lieu of land dedication shall be used for the acquisition and/or development of
the Village parks, recreation, and land system. Fees shall not be used for maintenance or
operational costs.
d. Fees paid in lieu of land dedication may be used in conjunction with waivers. If an applicant
granted or requests a partial waiver(s).The applicant is required to pay fee lieu of the remaining
required land.
(f) Landscape buffers and waivers.
25
Page 35 of 96
Agenda Item #2.
(1) Landscape buffers on the front and side may be reduced by no greater than 25%of each area to
accommodate civic open space.
M.
3 i
Building Footprint 4'Allowable 3 R O-W
16'-
Encroachmentdon-
y
Walkway
15' 20'MAX Civic Open, 3 I
Landscape Front Setback
Buffer ^ N
------'k- --- -- ---- --- Ln
>
---- ----
Sidewalk M
E
S
R-O-W wale
Primary Street
(2) Waivers. In event, that an applicant or property owner is unable to meet the site or landscape
requirements, waivers may be requested from certain regulations. All waivers must be ram
by the Village Council in coniunction with a site plan review application.
a. The waiver process in the Teguesta Drive Overlay district cannot be used to:
i) Add uses that are not permitted under Overlay or zoning district.
ii) Increase the allowable density/intensity.
iii) Increase the allowable building height pursuant to Section 78-143.
26
Page 36 of 96
Agenda Item #2.
Sec. 78-2xx. US Highway 1 Overlay.
Please note, this map will not be included in the code text amendment. However, a zoning map
amendment will be required to include this overlay.
44
A A
A M*M A W A veA,
NEON
L
(a) Purpose and intent. The US Highway I Overlay is established to encourage and provide for an
enhanced physical appearance through increased landscaping of public and private property;
clustering of complementary uses throughout various locations within the corridor; and
construction of pedestrian oriented facilities in both public and private realms within the US
Highway 1 commercial corridor.
(b) Conflicts with other regulations. In event that the overlay district regulations conflict with general
zoning or special district regulations, the overlay regulations supersede the general zoning or
special district regulations.
(c) Design.Aesthetic considerations are encouraged within the US Highway 1 Overlay as set forth by
the Commercial Corridor Master Plan by Treasure Coast Regional Planning Council.
(d) Streets. Streets within the US Highway I Overlay shall be designated as Primary and secondary
streets. Teguesta Drive and US Highway 1 shall be the only designated Primary streets while all
other streets are designated as secondary streets.
(e) Location of building and off-street parking.
(1) Building Location.
a. Front Setback. The maximum setback shall be 20 feet for properties east of US Highway 1.
The following frontage types may encroach into the front setback in the US Highway I Drive
Overlay:
27
Page 37 of 96
Agenda Item #2.
Permitted Frontage US Highway I
Type
Porch X
Stoop v
Bracketed Balcony v
Forecourt v
Arcade X
Shopfront d
b. Front facade for third story and above must have front setback of eight (8) to twelve (12)
feet in addition to minimum.
Property Line
15' y
Building Footprint 20' R-O-W
3 �-
Allowable Encroachment
m
Walkway
15' 20' MAX 3 v
Landscape Front Setback 16' °/a 1
Buffer LA cn
].
Sidewalk
E
L
Swale
R-O-W
Primary Street
c. Building facades along a street frontage shall provide the appropriate facade
transparent elements such as glass windows or other approved openings to eliminate
the creation of blank and stark walls along street frontages.
28
Page 38 of 96
Agenda Item #2.
32' Overall Setback
28' Overall Setback Level
12' 3
8'
Level 2
20' MAX
Setback
16'
4, Level 1
Sidewalk 5 i
Street +Swale r Landscape f
Buffer
Property Line Building Line
(2)Location of off-street parking
a. For properties on the east side of US Highway 1, parking is not permitted in the front
setbacks or in the side setbacks facing streets, parks, or civic open spaces.The diagrams
following is for illustrative purposes. It represents minimum requirements and should be
considered as a guideline only.
Primary Street
Swale
R-0`
Sidewalk Property
--------------------------------------------- --- Line
v Y; i Building Footprint i
E N
i
Rear Parking
I j
R 16'
20'6I J
F
R-o-w ; 15'Landscape Buffer
29
Page 39 of 96
Agenda Item #2.
Figure 1: Building Fronting two (2) Primary Streets
Primary Street
Swale �o
Property
P--- Sidewalk 4,
r — —
—._.—.----- _._._._._.— —
Cu z°' 7rBuilding Footprint
N 16' j
L 15'
o
IIIIII II � '
�n Rear Parking
Rear Parking
15' Landscape Buffer
-------------------------------------------------
Figure 2: Building: FrontingPrimaryand Secondary Streets and Secondary Streets
Primary Street
Property (), Sidewalk Ik �0
Line --- ------------------------------------ ---
.. .. .. ... ..
I :
v 20` Building Footprint !
16'. � , m
cnS' •— — — — — — — — — — --- — — I a
M � � 111111111 1� =
O M
U Rear Parking
v , Ln
Rear Parking
tr__________________
Alleyway
30
Page 40 of 96
Agenda Item #2.
Figure 3: Building Fronting Primary Streets, Secondary Streets, and Alleyways
b. Surface parking lots are discouraged and shall be screened from sight where possible by
either buildings or landscaping.
c. Shared parking is encouraged pursuant to section 78-708 of the Village Code of
Ordinances.
(d) Formula Businesses, Restaurants and Drive Through Buildings.
(1) Drive throughs are permitted in the side and rear of the property and shall be screened from public
view by landscaping.
(2) Full-service fuel stations or gasoline service stations shall only be located within the US Highway 1
Overlay. Full-service fuel stations or gasoline service stations shall be located a minimum of 500 lineal
feet from existing or previously approved stations except full-service fuel stations, which are not
permitted in the Mixed Use (M-U) Zoning District.
(3) Drive throughs shall not be located on a building facade that faces a public right-of-way, except for
full-service fuel stations, which must be screened from public view.
(4) Formula business and restaurants. Formula businesses or restaurants with a gross leasable area
of 1,250 square feet or less are permitted in the US Highway 1 Overlay. Any formula business or
restaurant that exceeds 1,250 square feet are subiect to the special exception use regulations of
sections 78-363 and 78-364 and the following requirements:
(a) The proposed formula business or restaurant shall comply with the requirements of Village Code
Sections 78-363 and 78-364.
(b) The proposed formula business or restaurant will not alter the identity of the zoning district in a
way which detracts from its uniqueness.
(c) The proposed formula business or restaurant will contribute to a diverse and appropriate blend
of businesses in the district.
(d) The proposed formula business or restaurant will complement the existing businesses in the
district and help promote and foster the local economic base.
(e)The proposed formula business or restaurant will be compatible with existing surrounding uses.
(f) The proposed formula business or restaurant has been designed and will be operated in a
nonobtrusive manner to preserve the community's character and ambiance and the proposed
intensity of uses on the site is appropriate given the uses permitted on the site and on adjoinin sites.
ites.
(g) Architectural Style, design, exterior facade colors shall be compatible with the surrounding
neighborhood.
(h) The proposed formula business or restaurant corporate structural elements and signage will be
designed to be in harmonywith architectural features and elements of the building and neighborhood
as approved by the Village Council.
(i) Drive throughs must comply with (d) (1) of this section.
31
Page 41 of 96
Agenda Item #2.
(e) Civic open space and landscaping.
(1) Amount required. New development or additions of gross floor area equal to 20 percent or more
to existing buildings shall provide civic open space equal to five percent of the total site's square
footage.
(2) Types of civic open spaces. Civic open space shall be designed as one of the following types,which
shall be identified on the site plan:
(a) Green.A green is at least 1,000 square feet in size and adjoins streets on at least two sides
or a street and a pedestrian passageway or main building entry. Greens are designed primarily
for passive uses, consisting primarily of lawn with either formally or informally arranged
landscaping.
(b) Plaza.A plaza is at least 1,000 square feet in size and adjoins streets on at least two sides
or a street and a pedestrian passageway or main building entry. Plazas are mostly hardscaped
with formally arranged landscaping and a water feature.
(c) Playground. A playground is at least 2,500 square feet in size. Playgrounds provide
children's play equipment and shaded seating. Playgrounds adjoin a street on at least one side
and the configuration should ensure easy surveillance of the area from adiacent buildings and
streets.
(d) Square.A square is at least 10,000 square feet and adjoins streets on at least three sides.
Squares may be up to 50 percent hardscaped, with formal landscaping. Squares accommodate
both passive uses and community gatherings.
(e) Attached Green.An attached green is generally 2,000 to 6,000 square feet and spans the
entire length of a block. Attached greens shall be at least 30 feet wide and are appropriate on
the short end of a block.Attached greens are primarily lawns with formally arranged landscaping.
(f) For civic open space requirements less than 250 square feet, the space shall incorporate
elements such as: fountain, living wall, mural, or sculpture facing a street or a pedestrian
Passageway.
(1) Forecourt. A forecourt is an open area in front of the main building entrance(s)
designed as a small garden or plaza. Low walls or balustrades no higher than three feet
six inches in height may enclose the forecourt. Forecourt walls are constructed of similar
material as the principal building or are composed of a continuous, maintained hedge. A
forecourt may afford access to one or more first floor residential dwelling units or
incorporate storefronts for commercial uses.The forecourt is suitable for outdoor seating
for residents or restaurants. Forecourts are typically associated with multifamily, mixed-
use, and commercial buildings.
2. Pedestrian passageway. A pedestrian passageway is open to the sky connecting
the front of the property to the rear,at least ten feet in width, and containing a minimum
of 50% pervious, landscaped area,with decorative elements of interest, such as benches,
32
Page 42 of 96
Agenda Item #2.
trellises, sculptures, and water features which complement the design style of the
building. Outdoor use areas may be provided adjacent to but not within the minimum
required pedestrian passageway area.
(3) Payment in lieu. In lieu of dedication of land for civic open space, the Village Council at its
discretion may require a fee in lieu of land. Such fee shall be equal to the appraised value of the
amount of land that would otherwise be dedicated for civic open space purposes. Appraised
value shall be based upon the market value of the land in its present state, prior to the proposed
subdivision and/or development, as determined by the county tax assessor's appraised value.
a.A fee in lieu of land dedication may be required by the Village Council when the location, size,
natural condition or other similar condition exists where the provision of land would not be in
the best interest of the Village.An example of such a condition might occur when there is existing
land available for recreational use within the immediate area of the proposed subdivision and/or
land development.
b. In determining whether land or a fee in lieu of land would best serve the purposes of the
Village, the Village Council shall consider the age groups of residents to be served, availability
and service capabilities of existing recreational facilities in the Village, and the general physical
characteristics of the proposed site for dedication.
c. Fees paid in lieu of land dedication shall be used for the acquisition and/or development of
the Village parks, recreation, and land system. Fees shall not be used for maintenance or
operational costs.
d. Fees paid in lieu of land dedication may be used in conjunction with waivers. If an applicant
granted or requests a partial waiver(s).The applicant is required to pay fee lieu of the remaining
required land.
(f) Landscape buffers and waivers.
(1) Landscape buffers on the front and side may be reduced by no greater than 2S%of each area to
accommodate civic open space.
3 �
Building Footprint 4'Allowable 3 R O-W
Encroachment
Walkway },
Q
15' 20'MAX Civic Open Space & 3 li
Landscape Front Setback yQa�J 3 N
Buffer + �'
Y� ------'k- -- -- —--------------- �
Sidewalk Co
E
S a
R-O-W wale
Primary Street
33
Page 43 of 96
Agenda Item #2.
(2) Waivers. In event, that an applicant or property owner is unable to meet the site or landscape
requirements, waivers may be requested from certain regulations. All waivers must be 'granted
by the Village Council in conjunction with a site plan review application.
a. The waiver process in the Tequesta Drive Overlay district cannot be used to:
i) Add uses that are not permitted under Overlay or zoning district.
ii) Increase the allowable density/intensity.
iii) Increase the allowable building height pursuant to Section 78-143.
Sec. 78-215. Village Center Overlay.
MM
me MWAM-
.... s,. gip:,•° go
•� a
7-(--I
t
I
1
Please note, this map will not be included in the code text amendment. However, a zoning map
amendment will be required to include this overlay.
u Purpose and intent.The Village Center Overlay is established to encourage architectural character and
a diversity of uses such as residential, commercial, civic spaces while providing a pedestrian friendly
environment, and connectivity between Tequesta Drive, Bridge Road, Old Dixie Highway, and Village
Boulevard.
Conflicts with other regulations. In event that the overlay district regulations conflict with general
zoning or special district regulations, the overlay regulations supersede the general zoning or special
district district regulations.
34
Page 44 of 96
Agenda Item #2.
ll Design.Aesthetic considerations are encouraged within the Village Center Overlay as set forth by the
Commercial Corridor Master Plan by Treasure Coast Regional Planning Council.
Streets. Streets within the Village Center Overlay shall be designated as primary and secondary
streets. Teguesta Drive, Bridge Road, Old Dixie Highway, Main Street, and Village Boulevard shall be
the only designated primary streets while all other streets are designated as secondary streets.
(e) Location of building and off-street parking.
(1) Building Location
a. Front Setback.The maximum setback shall be 20 feet.The following frontage types may
encroach into the front setback in the Village Center Overlay:
OverlayVillage Center
Permitted Teguesta Dr. Old Dixie Main St. Bridge Rd. Village Blvd
Frontage Types Hwv
Porch X X X X v
Stoop v v X v v
Bracketed Balcony V d X v d
Forecourt V AL J V V
Arcade d X V d X
T
Shopfront v v JW-7 X
X means prohibited
d means permitted
b. Front facade for third story and above must have front setback of eight(8)to twelve (12)
feet in addition to minimum.
Property Line
Building Footprint 20' R-O-W
4' 16'—1�
3
Allowable Encroach,,.-,Y
Walkway 3 +,
Y N 4J
15 20'MAX 3 io v
Landscape Front Setback 16' o N
Buffer Ln
yI' T
____T_______ ____________________________________i L
Sidewalk Co
E
L
Swale
R-O-W
Primary Street
35
Page 45 of 96
Agenda Item #2.
c. Building facades along a street frontage shall provide the appropriate facade transparent
elements such as glass windows or other approved openings to eliminate the creation of
blank and stark walls along street frontages.
32' Overall Setback
28' Overall Setback Level
12' 3
8' —
Level 2
20' MAX
Setback
16'
4' Level 1
Sidewalk 15'
Street /—Landscape
+Swale ; Buffer
Property Line Building Line
(2) Location of off-street parking
a. Parking is not permitted in the front setbacks or in the side setbacks facing streets, parks, or
civic open spaces.
36
Page 46 of 96
Agenda Item #2.
Primary Street
Swale
Sidewalk Property
--------------------------------------------- ♦Line
15'
Building Footprint i
J
N :2' I
E ^; i
a
Rear Parking
I �
20' I J
F
R-o-w ; 15'Landscape Buffer
Figure 1: Building Fronting two (2) Primary Streets
Primary Street
Swale 90
PrLne* P�-- —------------Sidewalk--------
�
r
r
r
r
v Viz° Building Footprint
Ln j
I ;
L 15'
U
l III
to Rear Parking
Rear Parking ;
15' Landscape Buffer ;
Figure 2: Building Fronting Primary and Secondary Streets
37
Page 47 of 96
Agenda Item #2.
Primary Street
Swale �o
Property �O' Sidewalk
Line --- ------------------------------------
---
i
v 20` Building Footprint !
6
m
cn a 5, _ _ _ _ _ --
Q
11T1 I 1 1
U
Rear Parking
qj
Rear Parking
+ Alleyway
Figure 3: Building Fronting Primary Streets, Secondary Streets, and Alleyways
b. Surface parking lots shall be screened from sight where possible bV either buildings or
landscaping.
c. Shared parking is encouraged and shall meet the requirements set forth by section 78-708 of
the Village Code of Ordinances.
(d) Formula Businesses, Restaurants and Drive Through Buildings.
(1) Formula Restaurants and Drive Through Buildings are prohibited in the Village Center Overlay.
(2) Formula business. Formula businesses with a gross leasable area of 1,250 square feet or less are
permitted in the Village Center Overlay. Any formula business that exceeds 1,250 square feet are
subject to the special exception use regulations of sections 78-363 and 78-364 and the following
requirements:
(a) The proposed formula business shall comply with the requirements of Village Code Sections 78-
363 and 78-364.
(b) The proposed formula business will not alter the identity of the zoning district in a way which
detracts from its uniqueness.
(c)The proposed formula business will contribute to a diverse and appropriate blend of businesses in
the district.
(d) The proposed formula business will complement the existing businesses in the district and help
promote and foster the local economic base.
38
Page 48 of 96
Agenda Item #2.
(e)The proposed formula business will be compatible with existing surrounding uses.
(f)The proposed formula business has been designed and will be operated in a nonobtrusive manner
to preserve the community's character and ambiance and the proposed intensity of uses on the site
is appropriate given the uses permitted on the site and on adioining sites.
(g) Architectural style, design, exterior facade colors shall be compatible with the surrounding
neighborhood.
(h)The proposed formula business' corporate structural elements and signage will be designed to be
in harmony with architectural features and elements of the building and neighborhood as approved
by the Village Council.
(i) No drive through shall be permitted.
(e) Civic open space and landscaping.
(1) Amount required. New development or additions of gross floor area equal to 20 percent
or more to existing buildings shall provide civic open space equal to five percent of the total site's
square footage.
(2) Types of civic open spaces. Civic open space shall be designed as one of the following types,
which shall be identified on the site plan:
(a) Green.A green is at least square feet in size and adjoins streets on at least two sides
or a street and a pedestrian passageway or main building entry. Greens are designed primarily
for passive uses, consisting primarily of lawn with either formally or informally arranged
landscaping.
(b) Plaza.A plaza is at least 1,000 square feet in size and adjoins streets on at least two sides
or a street and a pedestrian passageway or main building entry. Plazas are mostly hardscaped
with formally arranged landscaping and a water feature.
(c) Playaround. A playground is at least 2,500 square feet in size. Playgrounds provide
children's play equipment and shaded seating. Playgrounds adjoin a street on at least one side
and the configuration should ensure easy surveillance of the area from adjacent buildings and
streets.
(d) Square.A square is at least 10,000 square feet and adjoins streets on at least three sides.
Squares may be up to 50 percent hardscaped, with formal landscaping. Squares accommodate
both passive uses and community gatherings.
(e) Attached Green.An attached green is generally 2,000 to 6,000 square feet and spans the
entire length of a block. Attached greens shall be at least 30 feet wide and are appropriate on
the short end of a block.Attached greens are primarily lawns with formally arranged landscaping.
(f) For civic open space requirements less than 250 square feet, the space shall incorporate
elements such as: fountain, living wall, mural, or sculpture facing a street or a pedestrian
passageway.
39
Page 49 of 96
Agenda Item #2.
(1) Forecourt. A forecourt is an open area in front of the main building entrance(s)
designed as a small garden or plaza. Low walls or balustrades no higher than three feet
six inches in height may enclose the forecourt. Forecourt walls are constructed of similar
material as the principal building or are composed of a continuous, maintained hedge. A
forecourt may afford access to one or more first floor residential dwelling units or
incorporate storefronts for commercial uses.The forecourt is suitable for outdoor seating
for residents or restaurants. Forecourts are typically associated with multifamily, mixed-
use, and commercial buildings.
2. Pedestrian passageway. A pedestrian passageway is open to the sky connecting
the front of the property to the rear,at least ten feet in width, and containing a minimum
of 50% pervious, landscaped area,with decorative elements of interest, such as benches,
trellises, sculptures, and water features which complement the design style of the
building. Outdoor use areas may be provided adjacent to but not within the minimum
required pedestrian passageway area.
(3) Payment in lieu. In lieu of dedication of land for civic open space, the Village Council at its
discretion may require a fee in lieu of land. Such fee shall be equal to the appraised value of the
amount of land that would otherwise be dedicated for civic open space purposes. Appraised
value shall be based upon the market value of the land in its present state, prior to the proposed
subdivision and/or development, as determined by the county tax assessor's appraised value.
A.A fee in lieu of land dedication may be required by the Village Council when the location, size,
natural condition, or other similar condition exists where the provision of land would not be in
the best interest of the Village.An example of such a condition might occur when there is existing
land available for recreational use within the immediate area of the proposed subdivision and/or
land development.
b. In determining whether land or a fee in lieu of land would best serve the purposes of the
Village, the Village Council shall consider the age groups of residents to be served, availability
and service capabilities of existing recreational facilities in the Village, and the general physical
characteristics of the proposed site for dedication.
c. Fees paid in lieu of land dedication shall be used for the acquisition and/or development of
the Village parks, recreation, and land system. Fees shall not be used for maintenance or
operational costs.
d. Fees paid in lieu of land dedication may be used in conjunction with waivers. If an applicant
granted or requests a partial waiver(s).The applicant is required to pay fee lieu of the remaining
required land.
(f) Landscape buffers and waivers.
(1) Landscape buffers on the front and side may be reduced by no greater than 25%of each area to
accommodate civic open space.
40
Page 50 of 96
Agenda Item #2.
�' 15
M.
3
Building Footprint 4'Allowable R O-W
Encroachment 16
Walkway
Y� zc Y a1 v
15' Civic Open Space ��c° 3
-- 3 Landscape — yQa N
Buffer °' `^ N
- -------- ------- --�______---------
Sidewalk
E
S
R-O-W wale
Primary Street
(2) Waivers. In event, that an applicant or property owner is unable to meet the site or landscape
requirements, waivers may be requested from certain regulations. All waivers must be granted
by the Village Council in coniunction with a site plan review application.
a. The waiver process in the Village Center Overlay district cannot be used to:
i) Add uses that are not permitted under Overlay or zoning district.
ii) Increase the allowable density/intensity.
iii) Increase the allowable building height pursuant to Section 78-143.
Sec. xx-xx. -Waivers.
(1) In the Tequesta, US Highway 1, or Village Center Overlay Districts,waivers may be requested
from certain regulations in this Code. An applicant requesting a waiver shall demonstrate that
the waiver provides a public benefit, including, by way of example, high-quality architectural
design, pedestrian amenities, not cost dedication of rights-of-way, construction of public
parking, public art, or other improvements adlacent to the property, preservation of
environmentally sensitive lands, provision of public parks and/or open spaces, or mixed uses
which reduce impacts on village services.
(2) An application for such waiver may be made by any property owner or tenant or by a
governmental office, department, board, or bureau. Such applications shall be filed with the
Department of Community Development in conjunction with a site plan review application. As
part of the review process,the applicant shall identify the waiver request, explain the nature of
the request,the extent to which it deviates from the overlay regulations, and the basis for which
it is sought.
(3) As part of the site plan approval, the Village Council will hold a public hearing to review the
waiver requests for the subiect property. When evaluating waiver requests, the Village Council
will consider the following factors and any additional criteria set forth in the relevant zoning
district:
a. The extent to which the alternate standard proposed by the applicant differs from the code's
standard that would be waived;
41
Page 51 of 96
Agenda Item #2.
b. Whether the granting of the waiver will lead to innovative design in which other minimum
standards are exceeded;
c. Whether the request clearly demonstrates the public benefits to be derived;
d. Whether the request furthers the goals of the Village Commercial Corridor Master Plan, and
exemplifies the architectural, building, and site design techniques desired;
e. Whether the requested waiver can be granted in the zoning district;
f. Any unusual circumstances regarding the property or immediate area, including the location
of power lines, specimen trees, or shade trees;
g. The effect of approving or denying the waiver on the development project and on the
surrounding area;
h. Consistency with the comprehensive plan;
i.Testimony from the applicant; and
i.Testimony from the public.
(4) At the end of the public hearing, the Village Council will make a decision on each requested
waiver. Approval is contingent on the Village Council making these findings and any additional
findings set forth in the relevant zoning district:
a. The alternate standard proposed by the applicant is acceptable for the specific site and
building;
b. The proposed waiver does not detract from the design principles supporting these zoning
districts and the broader intent of this Code;
c.The proposed waiver will not be injurious to surrounding properties or nearby neighborhoods;
and
d.The proposed waiver is not inconsistent with the Comprehensive Plan.
(5)The applicant or any interested party may file an appeal to the Village Council on any decision
on waivers. Such an appeal will also function as an appeal of the site plan and appearance
application.The appeal shall be filed or made within ten (10) days after decision of the planning
commission on forms provided by the village.Appeals shall set forth the alleged inconsistency or
nonconformity with procedures, criteria, or standards set forth in this Code.The Village Council
shall decide an appeal within thirty (30) days of the filing of such appeal unless an extension of
time is consented to by the applicant, and such filing shall suspend any building permit issued
until the appeal is decided.
(7) Public notice of all waiver hearings shall be provided as required by Section 78-370 of the
Village Code.
42
Page 52 of 96