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Community Development Executive Summary
Addressing Commercial Parking
The Village of Tequesta has historically allowed the parking of commercial vehicles related to
the operation of a permitted commercial use on the same property as that use is located. This
parking was permitted in parking spaces, approved by the Village, as part of a site plan
approval. The approval allowed for one parking space per vehicle, based on the number of
spaces required, as determined by the commercial use and impact.
Deliveries were planned to be made at the rear of the buildings, using built-in loading
platforms. In the C-2, Community Commercial District along the Route # 1 Corridor, County
Line Plaza, Village Square, The Fashion Mall and Tequesta Shoppes are all good examples. In
the C-1, Neighborhood Commercial District, Gallery Square North and Gallery Square South
have limited rear delivery areas. The recently build Tequesta Commerce Building was designed
with large access garage doors to accommodate storage and loading areas in the rear, backing
up to the Railroad ROW. .The buildings along South Cypress Drive in the C-3, General
Commercial District have commercial loading and storage areas. Clearly, the Village was
intended to have Commercial Uses that generated storage and commercial vehicles.
The process was an approved site plan for the use and development, building permits for the
construction in accordance with the site plan and enforcement in accordance with the site plan
approval and the building permits issued. If properly used, these commercial areas should be
able to function as intended. Under the Village Code of Ordinances, Article IV, Non-Conforming
Uses. Sec. 78-93, Previously Approved Construction, states "Nothing in this chapter shall
require any change in plans, construction or designated use of a building or structure for which
a building permit has been issued and the construction of which shall have been diligently
carried on within six months of the date of such permit."
The issue of improper use is addressed in Sec. 78-745, (e) of the Village Code of Ordinances as
follows: "Signs on Vehicles. Signs attached to or placed on a vehicle (including trailers) that
are parked on public or private property shall be prohibited. This provision is not to be
construed as prohibiting the identification of a firm or its principal products operating during
normal hours of business; provided, however, that no such vehicle shall be parked on public or
private property with signs attached or placed on such vehicle primarily for the purpose of
advertising a business or firm or calling attention to the location of a business or firm"
To require special permission for commercial parking goes against the intent of our ordinances.
The proposed ordinance creates a layer of invasive bureaucracy that for all intents and
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purposes deters commercial uses and creates a burden on the property owner which affects
the value of his property.
In these depressed economic times, we need to create and encourage business growth. Our
neighborhoods and business districts have a symbiotic relationship. The neighborhoods
support the business community and the businesses provide convenient and attentive service.
Three years ago the Route#1 Corridor was in rapid decline. Stores were vacant and business
did not generate sufficient income to make improvements to their property. The
neighborhoods abandoned their services for more attractive and successful business centers in
Palm Beach County. The business community recognized their situation and generously
donated the Route #1 Corridor, Island landscaping in the hopes of bringing life back into the
Village.
The Cypress Drive Improvements have encouraged arun-down business district to a point
where the businesses are forming a Cypress Business District Association which hopes to create
a new and improved business climate. The association is working on a sign at the head of South
Cypress Drive to designate "The South Cypress Drive Business District". They recognize that
they will need the purchasing power of our neighborhoods.
The changes we all see on the Route #1 Corridor and its four shopping centers is the result of
strict enforcement of our Maintenance Code. That enforcement was carried out by researching
the original approvals and permits and enforcing those requirements.
This is not the time to lock down on commercial parking. Rather, it is the time to bring about
cooperation with the business community. We all want to maintain our property values and
the best way we can do that is to continue the process.
Code Enforcement efforts over the past three years have paid off to the extent that they report
having only one parking violation in the commercial districts that could not be resolved with
reason. Joe Petrick has worked with the business owners to achieve cooperation with parking
issues and at this time is well on his way to success.
Our efforts should be to create workable solutions with existing businesses and address new
commercial parking through site plan approvals that specifically address parking issues. If we
add a one liner to our existing parking requirements to say "Commercial Vehicle parking is
required to be specifically addressed as to location and size of parking space on all commercial
site plans," we can lock-in appropriate or desirable commercial parking. Also, we need to re-
visit the site plans to insure that deliveries are made to the approved location. Front door
deliveries are not necessary and encourage the parking of delivery trucks in parking areas
designed for customer passenger vehicles.
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Our existing parking ordinances can work, we need to continue with diligent enforcement and
mutual cooperation with our business community.
Respectfully Submitted,
Attached: copies of C-1, C-2, C-3 and MU District intent and permitted uses.
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Sec. 78-175. Rr3 multiple-family dwelling dis-
trict.
(a) Purpose. It is the purpose and intent of the
R-3 multiple-family dwelling district to provide
lands within the village for a higher density range
of multiple-family residential uses. In no event
shall density exceed 12 dwelling units per gross
acre. This district is further intended for develop-
ment of concentrated residential populations and
should be applied only within the high density
designated areas as depicted by the comprehen-
sive development plan.
(b) Permitted uses. Permitted uses in the R-3
district are as follows:
Multifamily dwellings.
(c) Accessory uses. Accessory uses allowed in
the R-3 district are as follows:
Private garages, swimming pools, spas
and hot tubs, cabanas and saunas, green-
houses, tennis courts, clubhouses, private
docks, dune crossovers, utility buildings,
gazebos and any other similar uses deemed
appropriate by the building official.
(d) Special exception uses. Special exception
uses in the R-3 district are as follows:
(1) Churches, schools and publicly owned and
operated community buildings.
(2) Public utility structures and buildings
such as water pumping plants, electric
substations, police and fire stations.
(3) Marina facilities.
(4) Community antenna systems.
(5) Parks and recreation facilities owned and
operated by the village.
(6) Foster care facilities, as may be required,
regulated and licensed by applicable state
statutes and agencies.
(7) Group homes, as may be required, regu-
lated and licensed by applicable state
statutes and agencies.
§ 78-176
(e) Prohibited uses and structures. The follow-
ing uses and structures are prohibited in the R-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.
(Code 1977, app. A, § VII(D)(4))
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 res-
idential 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 sur-
rounding 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.
(2) Business services.
(3) Professional services.
(4) Personal services.
(5) Restaurants.
(6) Libraries, art galleries and museums.
(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:
(1) Public utility structures and buildings
such as water pumping plants, water treat-
ment plants, sewage plant lift stations,
electric substations, and police and fire
CD78:47
§ 78-176
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stations and any other use normally ap-
purtenant thereto, libraries and govern-
mental facilities.
(2) Shopping centers.
(3) Convenience store without fuel sales and
dispensing facilities, provided:
a. The proposed site shall meet or ex-
ceed the landscaping found in article
1X, 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 unob-
structed view of the cashier's sta-
tion.
c. The proposed store shall incorporate
into its construction and operation
fire protection devices as required by
the county fire-rescue department.
d. The proposed store shall have ade-
quate on-site lighting that illumi-
nates all parking and loading areas.
e. No convenience store shall be lo-
cated 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.
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 conve-
nience 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 beer
or wine for consumption
off-premises.
2. The convenience store may be
equipped with a silent alarm
connected to the police depart-
ment.
g. The proposed convenience store shall
not have as a part of its operation
coin-operated amusement devices.
(4) Restaurants, carryout.
(e) Prohibited uses and structures. The follow-
ing uses and structures are prohibited in the C-1
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.
(Code 1977, app. A, § VII(D)(5))
Sec. 78-177. C-2 community commercial dis-
trict.
(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. High-
way 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.
(2) Business services.
(3) Professional services.
(4) Personal services.
(5) Restaurants.
(6) Bakery.
(7) Dry cleaning and laundry establishments.
CD78:48
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§ 78-177
(c) Accessory uses. Accessory uses allowed in e. No portable heaters or other danger-
the C-2 district are as follows: ous appliances shall be used in such
Any accessory use customarily incidental facilities.
to a permitted use. f All facilities shall conform to appli-
(d) Special exception uses. Special exception cable village codes and ordinances,
uses in the C-2 district are as follows: including building, electric, plumb-
ing, fire prevention and state depart-
(1) Public utility structures and buildings ment of insurance minimum fire
such as water pumping plants, water treat- safety standards for adult congre-
ment plants, sewage plant lift stations, gate living facilities.
electric substations, and police and fire
stations and any other use normally ap- g• No building permits shall be issued
purtenant thereto, libraries and govern- unless a license has first been ob-
mental facilities. tained from the state department of
health and rehabilitative services and
(2) Community television antenna and other any other permitting agency as re-
type of antenna used in the broadcasting quired by law, including the provi-
industry and buildings and improvements sions of this chapter.
appurtenant to these uses.
(3) Planned commercial development ("PCD") h. The applicant shall provide transpor-
(subject to the provisions of article VIII of tation to the facility in a form and
this chapter.) manner acceptable to the village coun-
cil.
(4) Adult congregate living facility (ACLF)
(subject to the provisions of article VIII of
this chapter), provided:
a. An adult congregate living facility
shall contain an extended care facil-
ity as a component of the develop-
ment in order to be deemed an adult
congregate living facility.
b. The minimum site for an adult con-
gregate living facility life care and
extended care shall be two acres.
c. All adult congregate living facilities
and extended care facilities shall pro-
vide sufficient staff to operate the
facility in a proper manner as re-
quired by the minimum standards of
the state department of health and
rehabilitative services, and shall pro-
vide facilities which meet the physi-
cal, recreational, emotional, and so-
cial 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.
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 pro-
posed location set forth within the
application. For these purposes, the
market analysis shall contain, but
not be limited to, the following deter-
minations:
1. Determination of the service
area of the proposed facility.
2. Determination of the service
area population, present and
future.
3. Statement of need.
Supp. No. 3 CD78:49
§ 78-177
k.
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Maximum residential density is as
follows:
1. Adult congregate living facili-
ties: Facilities wherein each sep-
arate 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 exceed-
ing, 24 units per net acre.
f. No convenience store shall be lo-
cated 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.
1. The proposed convenience store
shall have appropriate security
systems to include, but not be
limited to, the following:
2. Extended care facilities: Facili-
ties 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.
(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, bil-
liards, video game arcade and similar
amusements).
(7) Restaurant, carryout.
a. Convenience store without fuel sales
and dispensing facilities, provided:
b. The proposed site shall meet or ex-
ceed the landscaping found in the
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 unob-
structed view of the cashier's sta-
tion.
d. The proposed store shall incorporate
into its construction and operation
fire protection devices as required by
the county fire-rescue department.
e. The proposed store shall have ade-
quate on-site lighting that illumi-
nates all parking and loading areas.
2. Convenience store uses shall be
equipped with cameras with
video retrieval capabilities.
i. This requirement shall be
exempted if the conve-
nience 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 beer
or wine for consumption
off-premises.
3. The convenience store may be
equipped with a silent alarm
connected to the police depart-
ment.
g. The proposed convenience store shall
not have as a part of its operation
coin-operated amusement devices.
(8) Private clubs.
a. Sleeping facilities shall be prohib-
ited.
b. Such use shall be operated for the
benefit of members only and not as a
business concern and not open to the
general public.
(9) Libraries, art galleries and museums.
Supp. No. 3 CD78:50
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(10) Full-service fuel station or gas station,
provided:
a. Full-service fuel stations or gas sta-
tions shall be located fronting along
U.S. Highway 1.
b. Full-service fuel stations or gas sta-
tions shall be located a minimum of
500 lineal feet from existing or pre-
viously approved stations.
c. There shall be a main building set-
backfrom 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. Aminimum 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 chap-
ter, except as provided for in subsec-
tion (d)(11)g of this section. Curb
openings shall be limited to two per
street frontage.
g. Where two curb openings are provid-
ing 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 drive-
ways 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 side-
walks or upon adjoining property,
fuel pumps shall be located a mini-
mum 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
§ 78-177
building canopies shall provide a min-
imum setback of 25 feet from any
adjoining property or right-of--way.
j. Off-street loading spaces for the de-
livery ofmaterials, merchandise, fuel
or any similar product shall be lo-
cated 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 prohib-
ited.
1. Automotive repair work and/or ser-
vicing must be performed within an
enclosed building or structure.
(11) Hotels, subject to the following condi-
tions:
a. All rooms shall be designed to be
entered from enclosed interior corri-
dors.
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, restau-
rants 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, jew-
elry, gifts, sportswear and clothing,
art and similar items, and barber-
shops or beauty shops, subject to
these uses being located within a
main building. The primary cus-
tomer 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,
CD78:51
§ 78-177
TEQUESTA CODE
shall be located within a main build- the parking of motor vehicles to be
or serviced, there shall
rented
sold
ing or within an interior courtyard. ,
,
be no outside storage of any kind.
The primary customer entry shall be
from within a main building with no f. The business of the sale, brokerage,
exterior entry, except a secondary and rental of vehicles is only to be
entry may be allowed from an inte- conducted within an enclosed show-
rior courtyard. room. Outdoor vehicular parking is
£ Hotels shall be subject to the require- for customers, display and storage
ur oses onl The dealership must
ments of section 78-291 and all other maintain a valid license with the
applicable sections of this chapter.
state department of motor vehicles
(12) Motor vehicle dealers, subject to the fol- at all times.
lowing conditions: The site plan for proposed motor
g•
Size shall be regulated with amini- vehicle dealer establishments shall
a.
mum of two acres and a maximum of include, but not be limited to, the
eight acres. Motor vehicle dealer es- following:
tablishments shall be prohibited from 1, Delineation of the customer
locating within 1,000 lineal feet of parking area and the configu-
an existing or previously approved ration of the parking spaces for
motor vehicle dealer establishment the customer parking area.
within the village.
2. Delineation of an employee
b. Hours and days of operation shall be parking area and the configu-
restricted as follows: ration of the parking spaces for
1. Twenty-four-hour operation is the employee parking area.
prohibited. 3. Delineation of the required en-
2. Specific closing no later than closed vehicle showroom build-
9:00 p.m. ing.
3. Sunday operating hours lim- 4. Delineation of an acceptable out-
door vehicle display area and
ited to 11:00 a.m. to 6:00 p.m. the configuration of the park-
4. No opening for business on Mon- ing spaces for the display area.
day through Saturday before ro osed ve-
Delineation of any p p
5
7:00 a.m. .
hicle storage area.
c. The use of banners, flags, streamers,
balloons or any similar device shall
h. Motor vehicle dealers shall be re-
tie prohibited. The use of the Ameri- quired to provide a vehicle show-
room building of no less than 3,000
can flag shall be restricted to no
more than one American flag not to gross square feet in area.
exceed five feet by eight feet, flown i, Major and minor repair activities
from a standard flagpole. shall only be accessory uses to the
d. All customer servicing, including principal use. Major and minor re-
ir activities are as defined in this
washing, waxing and cleaning, and
shall be
of motor vehicles
i pa
chapter. Paint and body shop activi-
,
r
repa
conductedwithin completely enclosed ties or facilities shall be prohibited.
buildings. j. All "tent" sales, as well as all "tele-
e. All parts, supplies and materials shall thon," "marathon," " 24 hours," etc.,
ns of any
i
be located or stored within com- g
sales efforts or campa
shall be prohibited.
type
pletely enclosed buildings. Except for ,
CD78:52
ZONING
k. The use of spotlights, skylights,
searchlights, or other similar high
intensity illumination lighting shall
be prohibited.
1. All artificial lighting used to illumi-
nate the premises shall be directed
away from adjacent or abutting prop-
erties, 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, any-
one carrying sales signs, advertis-
ing, or placards of any kind, from
anywhere on or adjacent to the pre-
mises shall be prohibited.
o. All writing, lettering, pricing, adver-
tising, 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 provi-
sion of required vehicular informa-
tion stickers or labels as may be
required by federal, state or other
law.
p. All motor vehicle sales establish-
ments shall be restricted to U.S.
Highway 1 frontage. However, this
shall not preclude frontage on addi-
tional rights-of--way, provided that
ingress and egress within the addi-
tional frontage shall be prohibited.
Additionally, frontage along addi-
tional rights-of--way shall have a 15-
foot buffered landscaped area sepa-
rating 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 1right-of--way.
§ 78-177
division 2 of this chapter and all
other applicable sections of this chap-
ter.
r. All vehicle storage areas shall be
fenced or walled off. Designated ve-
hicle storage areas shall be con-
tained within the rear yard of the
subject property.
s. All applicable sign regulations of the
village shall be applied and met.
t. The use shall strictly conform with
the village landscape regulations, ar-
ticle 1X, 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, land-
scaped, buffered and irrigated in ac-
cordance with village landscape reg-
ulations, 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 adver-
tisement or attention seeking pur-
poses shall also be prohibited.
w. Stormwater runoff must be retained
on-site in accordance with South Flor-
ida Water Management District
guidelines. All motor vehicle sales
establishments must provide on-site
waste retention facilities for chemi-
cal and petroleum products.
x. No outdoor public address or paging
system of any kind shall be permit-
ted at any motor vehicle sales estab-
lishment.
y. All vehicles for sale, rental or dis-
play, not located within an enclosed
structure, must be parked at grade.
q. Motor vehicle dealers shall be sub-
ject to the requirements of article IX, (13) Shopping centers.
Supp. No. 3 CD78:53
§ 78-177
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(14) Churches, subject to the following condi- at which electronic, mechanical, coin,
tions: ticket, token, card, or other similarly
a. The minimum lot size shall be five operated, computer, video or other
acres under unity of title, the sole similar games of amusement, chance
use thereof to be for church use. or skill are played, whether for con-
sideration or not. The presence of
b. Churches shall bewithin a freestand- games or gaming devices that are
ing building. similar to, or in the nature of, slot
c. Churches shall be prohibited within machines shall result in a rebuttable
a shopping center, mall, storefront or presumption that the establishment
other retail facility. at which such machine is located is
(15) Publicly owned and operated community an adult arcade as defined herein.
buildings. (b) Location. No special exception shall
be granted for a new adult arcade or
(16) Restaurants, fast food, subject to the fol- to permit the substantial enlarge-
lowing conditions: ment or transfer of ownership or
a. Each drive-up window stacking lane control of an adult arcade, to be
must be clearly designed and marked located within 2,500 feet of the prop-
so as not to conflict or interfere with erty line of a property assigned a
other vehicle or pedestrian traffic land use designation or zoning clas-
utilizing the site. sification that permits residential
b. A bypass traffic lane shall be pro- uses, another adult arcade, a public
vided if a one-way traffic flow pat- or private school, a day care facility,
tern is utilized in the parking lot a church or house of worship, apub-
design. lic library, an alcoholic beverage es-
tablishment, or a public park. The
c. All restaurants, fast food, shall be required 2,500 feet minimum sepa-
restricted to U.S. Highway 1 front- ration shall be measured by drawing
age. a straight line between the nearest
d. A minimum 15-foot landscape buffer point on the perimeter of the prop-
shall be provided at all public road erty line of the proposed adult ar-
rights-of--way, in addition to the re- cade use, to the nearest property line
quirements set forth in article IX, of the other existing use. An adult
division 4 of this chapter. arcade shall not be located within
(17) Adult arcade amusement centers ("adult the same development, planned unit
arcades") upon a determination by the development, plaza, shopping cen-
ter, retail office or industrial park, as
village council that the proposed use is any other adult arcade regardless of
consistent with the provisions of F.S.
the separation distances.
§ 849.161, and subject to the following
additional standards. This regulation shall (c) Operational requirements.
not apply to bona fide charitable organi- (1) Adult arcades shall not be open
zations that have been awarded Section to the public before 9:00 a.m. or
501(c)(3), status under the Internal Rev- after 9:00 p.m.
enue Code of the United States, and which
(2) An employee of the adult ar-
may operate five or fewer games of amuse- cade who is 21 years of age or
ment, chance or skill on their premises. older, shall be on the premises
(a) Definition. An adult arcade is de- of the adult arcade to supervise
fined herein as an amusement cen- the operation thereof during all
ter, game room, or other enterprise, hours of operations.
Supp. No. 3 CD78:54
ZONING
§ 78-177
(3) No alcoholic beverages, includ- or participating in any way in
ing beer or wine, maybe brought any other gaming or gambling
to, sold, distributed, or con- activities (whether making,
sumed on the premises of any transmitting, or receiving bets,
adult arcade. wagers, etc.) is strictly prohib-
(4) No person under the age of 18 ited. No owner or operator of
years shall be permitted on the any adult arcade shall provide
premises of an adult arcade un- or make available any such
less such person is accompa- equipment for use by its pa-
nied by a parent or legal guard- trons and other persons on the
premises, nor shall the owner
ian. or operator permit the use of
(5) An adult arcade shall not dis- any such device by any person
criminate based upon race, while on the premises. All state
creed, gender, national origin, of Florida and Federal Internet
religion, or physical handicap. gaming laws, prohibitions, and
(6) The use of gift certificates, gift statutes, as are adopted and
cards, and/or other similar items may be amended from time to
of value or cash substitutes are time, are hereby incorporated
strictly prohibited. by reference into this section.
(11) The violation of any of the pro-
(7) Prizes shall be limited to $5.00 visions of this section shall con-
retail value per day, and shall stitute sufficient grounds for the
be confined to use on the pre- village council's revocation of
mises. the special exception for the
(8) All machines and devices must adult arcade.
comply with state laws, rules, (d) Signage. The use of any imagery or
regulations and prohibitions, graphics on a sign referencing gam-
pertaining to slot machines, and bung or games of chance including,
shall be in full compliance with but not limited to, slot machines,
F.S. § 849.161, as amended. poker wheels, or any other similar
(9) Law enforcement and village machine or device is prohibited and
code enforcement officers shall unlawful, when visible from the ex-
terior of the adult arcade, including,
have full access to enter and but not limited to, wall signage and
inspect any machine at any time window signage. The use of strip,
to ensure compliance with the neon or flashing lighting is prohib-
provisions of this section, and ited and unlawful.
the requirements of the Florida
(e) Parking. The parking requirements
Statutes. for an adult arcade shall be pre-
(10) The use, operation, or provision scribed in the development order
of any machine, computer, granting the special exception.
server, cellular telephone, or (f) Supplemental special exception re-
wireless, electronic, or other quirements. The following supplemen-
equipment or device, in or upon tal requirements shall apply to all
the premises of any adult ar- adult arcades, and shall be set forth
Cade, for the purpose of gam- as conditions of approvals, in all
tiling, gaming, wagering, bet- development orders granting a spe-
ting, accessing cyber or virtual cial exception for an adult arcade.
casinos, Internet gambling (1) The property owner and/or the
websites, lotteries, bingo games, person or entity operating or
Supp. No. 3 CD78:54.1
§ 78-177
(g)
TEQUESTA CODE
conducting the adult arcade
shall regularly inform the vil-
lage manager, or designee, of
any changes in the information
required in this section.
(2) No person or entity shall oper-
ate or conduct an adult arcade
in the village without first ob-
taining an occupational license
from the village and Palm Beach
County.
(3) An occupational license for an
adult arcade use shall not be
issued by the village, if any
person with an interest in the
enterprise or business operat-
ing the adult arcade, or an em-
ployee of the business, has been
convicted of a violation of a
federal or state law or statute,
or any local ordinance pertain-
ing to gambling or any other
crime involving moral turpi-
tudewithin seven (7) years pre-
ceding the application for the
special exception.
Supplemental occupational licensing.
requirements. These supplemental re-
quirements shall apply to each sub-
sequent owner and operator of an
adult arcade operating under a spe-
cial exception approval. Asa prereq-
uisite to the issuance of an occupa-
tional license for an adult arcade by
the village, an inspection shall be
made of the premises by the village
manager, or designee, building ofli-
cial, fire chief, chief of police, or their
designee, each of whom must con-
sent to the issuance of such occupa-
tional license. In addition to the re-
quirements of chapter 70 of this Code,
the applicant for an occupational li-
cense for an adult arcade, must pro-
vide the following information to the
satisfaction of the village:
(1) Proof that the applicant for an
occupational license for an adult
arcade is at least 21 years of
age.
(2} The name under which the en-
terprise or business is to be
conducted.
(3) The location at which the enter-
prise or business is to be oper-
ated.
(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 equip-
ment to be located on the pre-
mises 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), includ-
ing any person or entity with a
financial or an equitable inter-
est, and all UCC financing state-
ments.
(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.
(h) Machine registration requirements.
Registration of each amusement de-
vice however operated, is required at
the time the application for an occu-
pational license is submitted and the
machine registration must be re-
newed annually at the time the oc-
cupational license is renewed. For
each machine registered in the vil-
Supp. No. 3 CD78:54.2
ZONING
lage, 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 licensed
premises, the manufacturer of the
machine, the manufacturer's serial
number, and the software version if
any. Registration decals are not trans-
ferable from person to person, busi-
ness to business, location to location,
or machine to machine. The registra-
tion 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 de-
cal shall be a violation of this section
and subject to enforcement action by
the village. No machine will be eligi-
ble for a registration decal if its
operation involves any material ele-
ments of chance unless:
(1) The applicant submits with the
application, satisfactory ,proof
that the applicant has regis-
tered with the United States
Department of Justice pursu-
ant to 15 United States Code
1171, and
(2) The applicant submits with the
application, all records required
by Federal law to be main-
tained by those who register
under 15 United States Code
1171, and certifies the machine
bears the permanent marking
required by Federal law.
(3) The applicant shall keep the
registered machines, the records
of acquisition, location and dis-
position required by Federal
Law, and records of prize awards
open to law/code enforcement
inspection at any time.
(i) Peace disturbances, gambling, intox-
icated persons, minors. No tenant,
lessee, licensee or owner of any adult
arcade, or any servant, agent, or
§ 78-177
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, posses-
sion, or presence of gambling
paraphernalia, as defined in
Chapter 849, Fla. Stat., or wa-
gering, betting, gambling and/or
gaming via the Internet, such
as in virtual or cyberspace ca-
sinos or otherwise, as more spe-
cifically prohibited herein.
(3) Intoxicated or substance im-
paired persons.
(4) Loud noise, sounds or music to
emanate from the adult arcade,
which noise, sounds, or music
is disturbing to the surround-
ing properties.
(5) Any tenant, lessee, licensee or
owner, or any servant, agent, or
employee of an adult arcade,
shall be presumed to have per-
mittedthe conduct enumerated
in this section if it occurs on
premises housing an adult ar-
cade.
(e) Prohibited uses and structures. The follow-
ing 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; pro-
vided however that a building height of
up to five stories or 70 feet above the
average finished grade may be allowed if
one full story of underground/subterra-
nean parking is provided. In addition, if a
PCD special exception use is approved in
Supp. No. 3 CD78:54.3
§ 78-177
TEQUESTA CODE
the C-2 zoning district, a petitioner may
request an increase in building height as
part of the site plan approval, and the
village council may as part of the site plan
approval, increase the building height of a
building(s) in a PCD, to a maximum of
five stories or 70 feet, pursuant to subsec-
tion 78-255(2).
(2) Setbacks. The minimum setback for prin-
cipal and accessory structures in the C-2
district shall be as follows:
Front yard setback: 25 feet, provided how-
ever, 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 how-
ever, 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 prop-
erty is contiguous with any non-commer-
cial zoning district.
(3) Minimum site area, lot width, and cover-
age 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.
(Code 1977, app. A, § VII(DX6); Ord. No. 600, § 2,
9-7-2005; Ord. No. 605, § 4, 5-18-2006)
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 develop-
ment 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) Professional services.
(4) Personal services.
(5) Retail package liquors, cocktail lounges
and bars.
(6) Restaurants.
(7) Nurseries.
(8) Florists.
(9) Printing establishments.
(10) Carwash.
(11) Bakery.
(12) Automotive repair establishments.
(13) Dry cleaning and laundry establishments.
(14) Wholesale establishments.
(15) General service and repair establish-
ments.
(16) Motor vehicle dealers, subject to the fol-
lowing conditions:
a. Size shall be regulated with a mini-
mum of two acres and a maximum of
five acres. Motor vehicle dealer es-
tablishments 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. No 24-hour operation.
2. Specific closing no later than
9:00 p.m.
3. Must remain closed on Sun-
days.
4. No opening for business before
7:00 a.m.
Supp. No. 3 CD78:54.4
ZONING
c. The use of banners, flags, streamers,
balloons or any similar device shall
be prohibited. The use of the Ameri-
can flag shall be restricted to no
more than one American flag not to
exceed five feet by eight feet, flown
from a standard flagpole.
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 com-
pletelyenclosed 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 func-
tion 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 fran-
chised dealer license prior to the
opening of the facility, The certifi-
cate of occupancy for the motor vehi-
cle dealer establishment shall be con-
ditioned by the requirement that the
motor vehicle dealer establishment
ownership be in possession of a state
department of motor vehicles fran-
chised 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 configu-
ration of the parking spaces for
the customer parking area.
CD78:55
§ 78-178
2. Delineation of an employee
parking area and the configu-
ration of the parking spaces for
the employee parking area.
3. Delineation of the required en-
closed new vehicle showroom
building.
4. Delineation of an acceptable out-
door vehicle display area and
the configuration of the park-
ing spaces for the display area.
5. Delineation of any proposed ve-
hicle storage area.
h. No more than 50 percent of the re-
quireddesignated outdoor vehicle dis-
play area may be utilized for the
display of used motor vehicles.
i. Motor vehicle dealers shall be re-
quired toprovide anew vehicle show-
room building of no less than 3,000
gross square feet.
j. All "tent" sales, as well as all "tele-
thon," "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.
1. All artificial lighting used to illumi-
nate the premises shall be directed
away from adjacent or abutting prop-
erties, 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, any-
one carrying sales signs, advertis-
ing, or placards of any kind, from
anywhere on or adjacent to the pre-
mises shall be prohibited.
o. All writing, lettering, pricing, adver-
tising, or signage of any type being
placed directly upon or within any
motor vehicle or part thereof (i.e.,
§ 78-178
TEQUESTA CODE
windshield, window, roof, hood, trunk, establishments must provide on-site
side panels, etc.) shall be prohibited. waste retention facilities for chemi-
However, nothing in this subsection cal and petroleum products.
shall be construed to prohibit provi- ~,~,, No outdoor public address or paging
sion of required vehicular informa- system of any kind shall be permit-
tion stickers or labels as may be ted at any motor vehicle sales estab-
required by federal, state or other lishment.
law.
x. All vehicles for sale, rental or dis-
p. Motor vehicle dealers shall be sub- play, not located within an enclosed
ject to the requirements of article IX, structure, must be parked at grade.
division 2 of this chapter and all
other applicable sections of this chap-
(c) Accessory uses. Accessory uses allowed in
ter. the C-3 district are as follows:
q. All vehicle storage areas shall be ~Y accessory use customarily incidental
fenced or walled off. Designated ve- to a permitted use.
hicle storage areas shall be con- (d) Special exception uses. Special exception
tained within the rear yard of the uses in the C-3 district are as follows:
subject property.
(1) Public utility structures and buildings
r. All applicable sign regulations of the such as water pumping plants, water treat-
village shall be applied and met. ment plants, sewage plant lift stations,
s. The use shall strictly conform with electric substations, and police and fire
stations and any other use normally ap-
the village landscape regulations, ar- purtenant thereto, libraries and govern-
ticle 1X, division 4 of this chapter. mental facilities.
Additionally, 15 percent minimum of
the entire site shall be devoted to (2) Private clubs.
living landscaping. a. Sleeping facilities shall be prohib-
t. The entire site shall be hedged, land- ited.
scaped, buffered and irrigated in ac- b. Such use shall be operated for the
cordance with village landscape reg- benefit of members only and not as a
ulations, article IX, division 4 of this business concern.
chapter. Additionally, a 15-foot buff-
ered landscaped area separating the (3) Theaters.
front yard of the property from abut- a, All presentations, shows and events
ting right-of--way shall be required. shall be conducted entirely within a
u. The use of raised or open hoods, building.
trunks and doors for advertisement b. No presentations, shows or events
or attention seeking purposes shall shall be started after 11:00 p.m.
be prohibited. Utilization of unusual
parking alignments such as "back
(4) Full-service fuel station or gas station,
end first" configurations for adver- provided:
tisement or attention seeking pur- a. There shall be a main building set-
poses shall also be prohibited. back from all right-of--way lines of 40
v. Stormwater runoff must be retained feet.
on-site in accordance with South Flor- b. Main and accessory buildings shall
ida Water Management District be located a minimum of 50 feet from
guidelines. All motor vehicle sales any residential district.
CD78:56
ZONING
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 chap-
ter, except as provided for in subsec-
tion (d)(4)e of this section. Curb open-
ings shall be limited to two per street
frontage.
e. Where two curb openings are provid-
ing 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 drive-
ways 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 side-
walks or upon adjoining property,
fuel pumps shall be located a mini-
mum 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 min-
imum setback of 25 feet from any
adjoining property or right-of--way.
h. Off-street loading spaces for the de-
livery ofmaterials, merchandise, fuel
or any similar product shall be lo-
cated 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 prohib-
ited.
j. All oil drainage pits, hydraulic lifts
and mechanical repair work shall be
located and conducted within an en-
closed building or structure.
§ 78-178
k. No body damaged vehicle or vehicle
components of any kind or condition
shall be exposed to view from a pub-
lic road right-of--way.
(5) Convenience store, provided:
a. The proposed convenience store shall
be subject to all special require-
ments for fuel dispensing businesses
if the proposed store is to include
such use.
b. The proposed site shall meet or ex-
ceedthe landscaping 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 unob-
structed view of the cashier's sta-
tion, including obstructions of land-
scaping and fuel service islands.
d. The proposed store shall incorporate
into its construction and operation
fire protection devices as required by
the county fire-rescue department.
e. The proposed store shall have ade-
quate on-site lighting that illumi-
nates all parking, loading and fuel
service islands.
f. No convenience store shall be lo-
cated 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 conve-
nience store employs two
CD78:57
§ 78-178
TEQUESTA CODE
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 beer
or wine for consumption
off-premises.
2. The convenience store may be
equipped with a silent alarm
connected to the police depart-
ment.
h. The proposed convenience store shall
not have as a part of its operation
coin-operated amusement devices.
(6) Community television antennas and other
type of antennas used in the broadcast
industry and buildings and improvements
appurtenant to such uses.
(7) Indoor amusements (bowling, pool, bil-
liards, 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 uti-
lized in the parking lot.
(9) Automotive repair establishments (major
or minor).
(10) Shopping centers.
(e) Prohibited uses and structures. The follow-
ing 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.
(Code 1977, app. A, § VII(D)(7))
Sec. 78-179. R/OP recreation open space dis-
trict.
(a) Purpose. The purpose and intent of the
RIOP recreation open space district is to establish
and protect certain areas which meet the recre-
ational needs of village residents which conserve
certain environmentally sensitive areas, and which
permit limited recreational uses while conserving
the environment and natural features of those
areas.
(b) Permitted uses. Permitted uses in the RJOP
district are as follows:
(1) Golf courses.
(2) Neighborhood and community public rec-
reational facilities.
(3) Cultural and civic centers.
(4) Conservation areas.
(5) Access easements.
(6) Other similar recreational uses.
(c) Accessory uses. Accessory uses allowed in
the R/OP district are as follows:
Any accessory use customarily incidental
to a permitted use.
(d) Special exception uses. Special exceptions
are required for all permitted and accessory uses
in the R,/OP district.
(e) Prohibited uses and structures. The follow-
ing uses and structures are prohibited in the
R10P 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.
(Code 1977, app. A, § VII(D)(8))
Sec. 78-180. MU mixed-use district.
(a) Purpose. The purpose and intent of the MU
mixed-use district is to establish a village center
which creates a vital, diverse core for the princi-
ples which utilize mixed-use development con-
cepts and which permit a combination of usually
separated uses within a unified development dis-
trict area. Natural features should be enhanced
and environmental conditions carefully assessed.
CD78:58
ZONING
Commercial uses are intended to be limited to
specialty small scale retail sales and services,
business services and professional services prima-
rily designed to serve residential neighborhoods
of the village. Orientation to and compatibility
with neighborhoods to be served are essential.
Residential uses are intended to encourage the
accomplishment of a more complete residential
living environment through the application of
imaginative approaches to community develop-
ment which establish neighborhood identity and
focus consistent with values of the village. It is
further the purpose and intent of this area to
provide lands for a range of residential uses from
lower density single-family to higher density res-
idential uses. Traffic circulation should not only
accommodate vehicular traffic, but provide for the
efficient movement of pedestrian and bicycle traf-
fic.
(b) Applicability of development regulations to
mixed-use development. Although mixed-use de-
velopmet~t produced in compliance with the pro-
visions and requirements of this section and other
regulations as set forth and detailed in this chap-
ter may depart from the strict application of
property development regulations expressed in
this chapter, such developments are to be in
compliance with the village comprehensive devel-
opment plan and platted of record in accordance
with the procedures for approval of subdivision
plats in chapter 66. The mixed-use development
provisions set forth in this section shall be uti-
lized in the review of all future development
proposals for the special planning area as identi-
fied in Policy 1.12.1 of the Future Land Use
Element, as designated on the future land use
map contained in the village comprehensive de-
velopment plan and as identified on the village
comprehensive zoning map as district MU.
(c) Conflicts with other regulations. Where con-
flicts exist between the mixed-use district special
regulations in this section and general zoning,
subdivision and other applicable ordinance provi-
sions, the special regulations in this section shall
apply.
§ ~s-iso
(d) General requirements and special regula-
tions. The following general requirements and
special regulations shall apply to planned mixed-
use development within the mixed-use district:
(1) Location. A planned mixed-use develop-
ment is permitted only in the special
planning district identified by Policy 1.12.1
of the Future Land Use Element, as des-
ignated on the future land use map con-
tained within the village comprehensive
development plan and as identified on the
village comprehensive zoning map as dis-
trict MU.
(2) Configuration of site. Any tract of land for
which a planned mixed-use development
application is made shall contain suffi-
cient width, depth, and frontage on a
publicly dedicated arterial or major street
or appropriate access thereto to ade-
quately accommodate its proposed use
and design.
(3) Unity of title. All land included for pur-
pose of development within a planned
mixed-use development shall be under
unity of title of the petitioner for such
zoning designation, whether that pet-
tioner be an individual, partnership or
corporation, or a group of individuals,
partnerships or corporations. The peti-
tioner shall present firm evidence of the
unity of title of the entire area within the
proposed planned mixed-use development
and shall state agreement that, if he pro-
ceeds with the proposed development, he
will:
a. Do so in accord with the officially
approved site plan of the develop-
ment,. and such other conditions or
modifications as may be attached to
the approval.
b. Provide agreements, covenants, con-
tracts, deed restrictions or sureties
acceptable to the village for comple-
tion of the undertaking in accor-
dance with the approved site plan as
well as for the continuing operation
and maintenance of such areas, func-
Supp. No. 7 CD78:59
§ 78-180
TEQUESTA CODE
tions, and facilities as are not to be
provided, operated or maintained at
general public expense.
c. Bind his development successors in
title to any commitments made un-
der subsections (d)(3)a. and b. of this
section.
(4) Density. For the purpose of this section, if
dwelling units are to be developed as part
of a proposed development within the
mixed-use district, the total number of
dwelling units permitted in the mixed-use
district shall be computed on the basis of
18 dwelling units per gross acre for all
residential uses, with the exception of
ACLFs, which shall be computed on the
basis of 24 dwelling units per gross acre.
(5) Building height. The maximum building
height allowed shall be six stories or 84
feet above average finish grade.
(e) Site plan review. In adherence to Policy
1.12.1 of the village comprehensive development
plan Future Land Use Element, all proposed
development plans for the mixed-use district shall
be subject to review and approval by the village
council.
(f) Urban design principles. The following ur-
ban design principles shall be considered as guide-
lines in all development proposals of the mixed-
use district:
(1) That mixed use promotes economic and
social well-being.
(2) That streets serve the needs of the pedes-
trian and the automobile.
(3) That proposed squares and plazas provide
collective identity and a place for social
activity and recreation.
(4) That public buildings, facilities, and spaces
are symbols of the community and convey
identity and pride through their architec-
tural clarity and civic functions.
(5) That carefully placed .buildings delineate
and define public spaces and lots and
blocks.
(6) That streets are designed and act as amen-
ities to the development and as quality
public space.
(g) Urban design objectives. The following ur-
ban design objectives shall be considered as guide-
lines in all development proposals of the mixed-
use district:
(1) To bring many of the activities of daily
living, including dwelling, shopping and
other activities, within walking distance.
(2) To reduce the number and length of auto-
mobile trips to relieve traffic congestion.
(3) To provide internal vehicular circulation
to relieve traffic impact on arterial roads.
(4) To provide defined public spaces and streets
that allow the citizens to observe and
watch over the collective security.
(5) To provide sites for civic buildings.
(6) To provide flexibility for the development
strategies that evolve over time.
(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. A
maximum 3,500 square feet of gross leas-
able area is allowed for each tenant area
or individually owned unit.
(5) Business services. A maximum 3,500
square feet of gross leasable area is al-
lowed for each tenant area or individually
owned unit.
(6) Professional services. A maximum 3,500
square feet of gross leasable area is al-
lowed for each tenant area or individually
owned unit.
(7) Personal services. Amaximum 3,500 square
feet of gross leasable area is allowed for
each tenant area or individually owned
unit.
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(8) Bakeries. A maximum 3,500 square feet of
gross leasable area is allowed for each
tenant area or individually owned unit.
(9) Recreation/open space.
§ ~a-iso
Supp. No. 7 CD78:60.1
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ZONING § 78-180
(i) Special exception uses. Special exception (j) Accessory uses. Accessory uses allowed in
uses in the mixed-use district are as follows: the mixed-use district are as follows:
(1) Restaurants (including carryout).
(2) Public buildings and facilities.
(3) Church/house of worship.
(4) Civic/culturaUinstitutional uses.
(5) Private schools/schools of instruction.
(6) Bed and breakfast.
(7) Hotel.
(8) Adult congregate living facility (ACLF).
(9) Gasoline service station (only fronting on
U.S. Highway 1).
(10) Private clubs.
(11) Railway station.
(12) Planned residential development (PRD).
(13) Planned commercial development (PCD).
(14) Permitted uses under subsections (h)(4),
(5), (6), (7) and (8) of this section in excess
of 3,500 square feet (large scale retail
sales and service) which are inconformity
with the intent and integrity of the dis-
trict.
(15) Restaurants, fast food, subject to the fol-
lowing 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 pro-
vided if a one-way traffic flow pat-
tern is utilized in the parking lot
design.
c. All restaurants, fast food, shall be
restricted to U.S. Highway 1 front-
age.
d. A minimum 15-foot landscape buffer
shall be provided at all public road
rights-of--way, in addition to the re-
quirements set forth in article IX,
division 4 of this chapter.
(1) Any accessory use customarily incidental
to a permitted use.
(2) Private garages, swimming pools, spas
and hot tubs, cabanas and saunas, green-
houses, tennis courts, clubhouses, utility
buildings, gazebos, and any other similar
use deemed appropriate by the building
official.
(k) Planned mixed-use development required.
Planned mixed-use development (PMUD) is re-
quired for all permitted, special exception, and
accessory uses within the mixed-use district ex-
cept lots or parcels of less than three acres.
(1) Prohibited uses. The following uses are pro-
hibited 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 stationlgasoline service
station.
(8) Flea markets, indoor or outdoor.
(9) Automobile repair facilities, including ga-
rages and body shops.
(10) Kennels or pet hospitals with boarding
facilities.
(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 prop-
erty development standards, at its discretion,
CD78:61
§ 78-180 TEQUESTA CODE
provided the spirit and intent of the regulations (2) Right-of--way width. The minimum width
and standards are complied with in the develop- of rights-of--way within the MU district is
ment of the mixed-use district. as follows:
(1) Parking requirements. On-street and off- a. Major street (collector): 50 feet.
street parking shall be allowed within the b. Minor street (collector):
mixed-use district. The minimum number
of required parking spaces to be provided 1. Two-way street: 50 feet.
shall be determined from section 78-705, 2. One-way street: 42 feet.
and may include a combination of on-
street and off-street spaces. When using (3)
Drainage of streets and rights-of-way.
on-street parking to meet a portion of the Raised curb and gutter drainage systems
required parking for a proposed project, shall be the preferred method utilized
only those spaces that lie within the street within the MU district. Alternate drain-
frontage areas of the property may be age systems shall be approved at the
included in the total calculations for meet- discretion of the village council during the
ing the minimum required parking re- site plan review process for a proposed
quirements. 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
Where commercial abuts residential 10 feet
g. Minimum living area requirements Not applicable
h. Minimum landscaped/open space:
Residential 25%
Commercial 25%
CD78:62
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(5) Landscaping requirements. Off-street park-
ing facilities and all properties within the
MU district shall be landscaped in accor-
dance with article IX, division 4 of this
chapter.
(6) Signs. All wall, freestanding, monument,
ceiling-mounted walkway, project identi-
fication, 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.
(Code 1977, app. A, § VII(D)(9); Ord. No. 18-08,
§ 1, 12-11-2008)
Secs. 78-181-78-220. Reserved.
ARTICLE VII. PLANNED RESIDENTIAL
DEVELOPMENTS (PRD)
Sec. 78-221. Purpose and intent.
The purpose of this article is to encourage the
accomplishment of a more complete residential
living environment through the application of
enlightened and imaginative approaches to com-
munity development. This alternative should al-
low a variety of architectural styles, preserve
natural features and scenic areas, reduce land
consumption by roads while separating vehicular
and pedestrian traffic, integrate open spaces and
recreation areas within the development, estab-
lish neighborhood identity and focus, and be con-
sistent with values of the village.
(Code 1977, app. A, § IX(A))
Sec. 78-222. Applicability of land develop-
mentregulations toplanned res-
idential developments.
Although planned residential developments pro-
duced in compliance with the provisions and
requirements of this article and other regulations
as set forth and defined in this chapter may,
except for dwelling unit density regulations, de-
part from the strict application of property devel-
opment regulations for the district in which the
§ 78-224
planned residential development is proposed to be
located, such developments are to be in compli-
ance with the village comprehensive development
plan, and platted of record in accordance with the
procedures for approval of subdivision plats in
chapter 66.
(Code 1977, app. A, § IX(B))
Sec. 78-223. Conflicts with other regulations.
Where conflicts exist between the special
planned residential development regulations in
this article and general zoning, subdivision, and
other applicable ordinance provisions, the special
regulations in this article shall apply.
(Code 1977, app. A, § DE(C))
Sec. 78-224. Special definitions.
The following words, terms and phrases, when
used in this article, shall have the meanings
ascribed to them in this section, except where the
context clearly indicates a different meaning. All
definitions appearing in section 78-4 shall be
applicable to this article except to the extent of
inconsistency with any special definitions con-
tained in this section.
Adult congregate lining facility means a facility
licensed by the state department of health and
rehabilitative services (HRS) which provides a
family living environment or where a portion of
space within the facility is used in common by the
residents and where room, board, and personal
care are provided to persons who are unrelated to
the caregiver, to include the supervision and care
necessary to meet physical, recreational, emo-
tional, and social life needs of clients. These
facilities may or may not provide education and
training, and the level of intensity of care, as
defined by HRS, varies in each facility and vari-
ous levels may exist within the same facility.
Planned residential development (PRD) means
a residential development permitted only within
the R-2 zoning district which maximizes the com-
mon use of open space and recreational areas.
This is accomplished by permitting flexibility of
site design by allowing and combining various
building types and housing styles which do not
necessarily correspond to the property develop-
ment regulations of the zoning district in which
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§ 78-224
TEQUESTA CODE
the development is located. The entire land area
of a PRD is under unity of title planned and
designed to be developed in a single operation or
by a series of prescheduled development phases
according to an officially approved site plan which
is subject to the site plan review process.
Single-family attached means a building or
dwelling unit which is joined to another dwelling
at one or more sides by a party wall.
Single-family attached-zero lot line means
single-family dwellings with one continuous win-
dowless zero lot line side wall planned to accom-
modate cluster development creating a sheltered
outdoor living area for each dwelling unit.
Single-family detached---cluster design means
single-family residences clustered in groupings
where they are adjacent to areas of common
ownership.
(Code 1977, app. A, § IX(D))
Cross reference-Definitions generally, § 1-2.
Sec. 78-225. General requirements and spe-
cial regulations.
The following general requirements and spe-
cial regulations shall apply to all planned residen-
tial developments:
(1) Location. As set forth in the schedule of
use regulations in article VI, division 2 of (5)
this chapter, a planned residential devel-
opment is permitted only as a special
exception in the R-2 zoning district.
(2) Permitted building height. The allowable
heights for buildings shall be the same as
provided for in the C-2 zoning district;
however, at the discretion of the village
council, building heights may be increased
to a maximum of six stories or 84 feet.
(3) Minimum area. No site shall qualify for a
planned residential development unless
the development consists of a contiguous
area of at least three acres.
(4) Unity of title. All land included for pur-
pose of development within a planned
residential development shall be under
unity of title of the petitioner for such
zoning designation, as provided for in
section 78-7, whether that petitioner be
an individual, partnership or corporation,
or a group of individuals, partnerships or
corporations. The petitioner shall present
firm evidence of the unity of title of the
entire area within the proposed planned
residential development and shall state
agreement that, if he proceeds with the
proposed development, he will:
a. Do so in accord with the officially
approved site plan of the develop-
ment, and such other conditions or
modifications as may be attached to
the special exception.
b. Provide agreements, covenants, con-
tracts, deed restrictions, or sureties
acceptable to the village for comple-
tion of the undertaking in accor-
dance with the approved site plan as
well as for the continuing operation
and maintenance of such areas, func-
tions, and facilities as are not to be
provided, operated or maintained at
general public expense.
,. Bind his development successors in
title to any commitments made un-
der subsections (4)a. and b. of this
section.
Configuration of site. Any tract of land for
which a planned residential development
application is made shall contain suffi-
cient width, depth, and frontage on a
publicly dedicated arterial or major street
or appropriate access thereto to ade-
quately accommodate its proposed use
and design.
(6) Permitted uses. Permitted uses are as
follows:
a. Any uses within the specific zoning
.districts which are listed in the sched-
ule of use regulations in article VI,
division 2 of this chapter as a per-
mitted use, accessory use, or special
exception.
b. Single-family detached-cluster de-
sign.
Supp. No. 7 CD78:64