HomeMy WebLinkAboutDocumentation_Workshop_Tab 03_08/11/2009ARTICLE X. NOISE
Sec. 30-383. Noise limits by use districts.
Page I of 2
It shall be unlawful to project a sound or noise, excluding noise emanating from cars, trucks or
motorcycles, from one property into another within the boundary of a use district which exceeds either
the limiting noise spectra set forth in table I in this section, or exceeds the ambient noise level by more
than three decibels.
(1) General limitation. Sound or noise projecting from one use district into another use
district with a different noise level limit shall not exceed the limits of the district into which
the noise is projected.
(2) Measurement of noise.
a. The measurement of sound or noise shall be made with a decibel or a sound
level meter operating on the A-weighting scale of any standard design and
quality meeting the standards prescribed by the American National Standards
Association. The instruments shall be maintained in calibration and good working
order. Measurements recorded shall be taken as to provide a proper
representation of the noise source. The microphone, during measurement, shall
be positioned so as not to create any unnatural enhancement or diminution of the
measured noise. A windscreen for the microphone shall be used when required.
Traffic, aircraft and other transportation noise sources and other background
noises shall not be considered in taking measurements except where such
background noise interferes with the primary noise being measured.
b. The slow meter response of the sound level meter shall be used in order to
best determine that the average sound has not exceeded the standards set forth
in table I.
c. The measurement shall be made at the property line of the property on which
such noise is generated, or perceived, as appropriate, five feet above ground.
d. In the case of an elevated or directional sound or noise source, compliance
with the noise limits is to be maintained at any elevation at the boundary.
(3) Table of noise limits. The limits referred to in this section shall be in accordance
with the following table:
TABLE I
TABLE INSET:
Districts Decibels on A-Weighting Scale
R-1A, R-1, R-2, R-3 60 decibels
C-1, C-2 60 decibels
(4) If the noise is not smooth and continuous, one or more of the corrections in table II
shall be added to or subtracted from each of the decibel levels given in table I in
subsection (3) of this section.
TABLE II
TABLE INSET:
Type of Operation in Character of Noise Correction
in Decibels
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ARTICLE X. NOISE
Page 2 of 2
Noise source operated less than 20% of any 1-hour period Plus 5
Noise source operated less than 5% of any 1-hour period Plus 10
Noise source operated less than 1% of any 1-hour period Plus 15
Noise of impulsive character (hammering, etc.) Minus 5
Noise of periodic character (hum, screech, etc.) Minus 5
(5) If the noise occurs between the hours of 11:00 p.m. and 7:00 a.m. on Monday
through Saturday or at any time on Sunday or holidays, five shall be subtracted from
each of the decibel levels given in table I of subsection (3} of this section.
(Code 1977, § 12-2(c))
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ARTICLE II. BUILDINGS
Sec. 14-33. Fire limits.
Page 1 of 1
The fire district shall include all land and buildings classified C-1 retail commercial district, C-2
wholesale commercial and light industrial district, and R-2 and R-3 multiple-family dwelling districts
designated in chapter 78. The fire district shall be changed or increased or decreased in size as the
respective districts designated in chapter 78 may be changed or increased or decreased in size.
(Code 1977, § 6-23)
Cross references: Fire protection and prevention, ch. 34; zoning, ch. 78.
Secs. 14-34--14-60. Reserved.
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ARTICLE V. ESTABLISHMENT OF DISTRICTS; OFFICIAL ZONING MAP Page 1 of 2
ARTICLE V. ESTABLISHMENT OF DISTRICTS; OFFICIAL ZONING MAP
Sec. 78-121. Establishment of districts; zoning map adopted.
(a) In order to classify, regulate and restrict the uses of land and buildings, the height and bulk
of buildings, the amount of open spaces about buildings and the intensity of land use, and to
implement the village comprehensive development plan, the village is divided into the following
use districts:
(1) R-1A--Single-Family Dwelling District.
(2) R-1--Single-Family Dwelling District.
(3) R-2--Multiple-Family Dwelling District.
(4) R-3--Multiple-Family Dwelling District.
(5) C-1--Neighborhood Commercial District.
(6) C-2--Community Commercial District.
(7) C-3--General Commercial District.
(8) R/OP--Recreation/Open Space.
(9) MU--Mixed-Use District
(b) The boundaries of the districts are as shown upon the zoning map, which is hereby
adopted by reference and made a part of this chapter, entitled "Amended Zoning Map of the
Village of Tequesta, Florida," which original amended map bears the following: "Adopted August
25, 1987, as part of Ordinance No. 355."
(c) Following this legend appear the original signatures of the members of the village council
signing such ordinance, the signatures of the mayor and the village clerk, and the corporate seal
of the village.
(d) The amended zoning map and all the notations, references and other information shown
thereon are a part of this chapter as if such information set forth on the map were all fully
described and set out in this chapter. This amended zoning map, properly attested, shall remain
at all times on file in the office of the village clerk. The boundaries of such districts as are shown
upon the map adopted by this section, or any subsequent amendment thereto, are hereby
adopted and approved, and the regulations of this chapter governing the use of land and
buildings, the height of buildings, building site area, the size of yards about buildings and other
matters are set forth in this chapter are hereby established and declared to be in effect upon all
land included within the boundaries of each and every district shown upon such map.
(e) In the creation, by this chapter, of the respective districts, the village council has given due
and careful consideration to the peculiar suitability of each district for the particular uses and
regulations applied thereto and to the densities of population, all in accord with the
comprehensive development plan of the village.
(f) It is the intent of the village to require consistency between the official zoning map and the
existing and future land use maps of the village.
(Code 1977, app. A, § V)
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ARTICLE V. ESTABLISHMENT OF DISTRICTS; OFFICIAL ZONING MAP Page 2 of 2
Sec. 78-122. Rules for interpretation of district boundaries.
Where uncertainty exists as to the boundaries of any district shown upon the zoning map, the
following rules shall apply:
(1) Where district boundaries are indicated as following street, alley or lot lines, such
lines shall be construed to be such boundaries.
(2) Where any public street or alley is hereafter officially vacated or abandoned, the
regulations applicable to each parcel of abutting land shall apply to the portion of such
street or alley added thereto by virtue of such vacation or abandonment.
(3) In case any further uncertainty exists, the village council shall interpret the intent of
the map as to the location of such boundaries.
(4) Territory which may hereafter be annexed to the village shall be in accordance with
applicable state law.
(Code 1977, app. A, § VI}
Secs.78-123--78-140. Reserved.
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ARTICLE VI. SCHEDULE OF DISTRICT REGULATIONS Page 1 of 10
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 ofFcial 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.
(2) Business services.
(3) Professional services.
(4) Personal services.
(5) Restaurants.
(6) Bakery.
(7) Dry cleaning and laundry establishments.
(c) Accessory uses. Accessory uses allowed in the C-2 district are as follows:
Any accessory use customarily incidental to a permitted use.
(d) Specia/ exception uses. Special exception uses in the C-2 district are as follows:
(1) Public utility structures and buildings such as water pumping plants, water treatment
plants, sewage plant lift stations, electric substations, and police and fire stations and
any other use normally appurtenant thereto, libraries and governmental facilities.
(2) Community television antenna and other type of antenna used in the broadcasting
industry and buildings and improvements appurtenant to these uses.
(3) Planned commercial development ("PCD") (subject to the provisions of article VIII of
this chapter.)
(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 facility as a
component of the development in order to be deemed an adult congregate living
facility.
b. The minimum site for an adult congregate living facility life care and extended
care shall be two acres.
c. All adult congregate living facilities and extended care facilities shall provide
sufficient staff to operate the facility in a proper manner as required by the
minimum standards of the state department of health and rehabilitative services,
and shall provide facilities which meet the physical, recreational, emotional, and
social life needs of the residents of the facility.
d. All facilities containing more than one story shall have an elevator large
enough to carry a stretcher.
e. No portable heaters or other dangerous appliances shall be used in such
facilities.
f. All facilities shall conform to applicable village codes and ordinances,
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ARTICLE VI. SCHEDULE OF DISTRICT REGULATIONS
Page 2 of 10
including building, electric, plumbing, fire prevention and state department of
insurance minimum fire safety standards for adult congregate living facilities.
g. No building permits shall be issued unless a license has first been obtained
from the state department of health and rehabilitative services and any other
permitting agency as required by {aw, including the provisions of this chapter.
h. The applicant shall provide transportation to the facility in a form and manner
acceptable to the village council.
i. The residence may have individual kitchen facilities in addition to the central
kitchen and/or facility which shall be provided for the residents of the entire
ACLF. Such central kitchen dining shall provide at least two meals per day to the
residents of the facility.
j. An application for special exception for each such facility shall contain a
market analysis which demonstrates the viability and need for the facility to be
built or established at the proposed location set forth within the application. For
these purposes, the market analysis shall contain, but not be limited to, the
following determinations:
1. Determination of the service area of the proposed facility.
2. Determination of the service area population, present and future.
3. Statement of need.
k. Maximum residential density is as follows:
1. Adult congregate living facilities: Facilities wherein each separate
room or group of rooms is designed or intended for use as a residence by
an individual or family. The maximum allowable density for such facilities
may be up to, but not exceeding, 24 units per net acre.
2. Extended care facilities: Facilities wherein beds are provided for
residents in the nature of a nursing or convalescent home. Each bed shall
be equal to one-quarter dwelling unit.
(5) Theaters.
a. All presentations, shows and events shall be conducted entirely within a
building.
b. No presentations, shows or events shall be started after 11:00 p.m.
(6) Indoor amusements (bowling, pool, billiards, video game arcade and similar
amusements).
(7) Restaurant, carryout.
a. Convenience store without fuel sales and dispensing facilities, provided:
b. The proposed site shall meet or exceed 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 unobstructed view of the
cashier's station.
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 adequate on-site lighting that illuminates all
parking and loading areas.
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ARTICLE VI. SCHEDULE OF DISTRICT REGULATIONS
Page 3 of 10
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
distance shall be along a straight airline route from the nearest point on any
property fine 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. 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
beer or wine for consumption off-premises.
3. The convenience store may be equipped with a silent alarm
connected to the police department.
g. The proposed convenience store shall not have as a part of its operation
coin-operated amusement devices.
(8) Private clubs.
a. Sleeping facilities shall be prohibited.
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.
(10) Full-service fuel station or gas station, provided:
a. Full-service fuel stations or gas stations shall be located fronting along U.S.
Highway 1.
b. Full-service fuel stations or gas stations shall be located a minimum of 500
lineal feet from existing or previously approved stations.
c. There shall be a main building setback from all right-of-way lines of 40 feet.
d. Main and accessory buildings shall be located a minimum of 50 feet from any
residential district.
e. A minimum six inches in height raised curb shall be required at all right-of-
way lines, except at approved access driveway openings.
f. Curb openings and access driveway widths and locations shall meet the
requirements of article X of this chapter, except as provided for in subsection (d)
(11)g of this section. Curb openings shall be limited to two per street frontage.
g. Where two curb openings are providing access to a single street, they shall
be separated by an approved landscape island, ten feet in width and 25 feet in
length at the right-of-way line. Curb cuts for access driveways shall be located a
minimum of ten feet from any adjoining property line.
h. To ensure that sufficient room be provided on either side of the fuel pumps
without intruding upon sidewalks or upon adjoining property, fuel pumps shall be
located a minimum of 50 feet from any adjoining property and a minimum of 25
feet from any street property line.
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i. All tanks, vents, pump islands and pump island or main and accessory
building canopies shall provide a minimum setback of 25 feet from any adjoining
property or right-of--way.
j. Off-street loading spaces for the delivery of materials, merchandise, fuel or
any similar product shall be located in such a manner that they are completely
separate from required customer parking spaces and access drives and aisles
thereto.
k. The selling, renting or leasing of new and/or used motor vehicles, trailers or
recreational vehicles is prohibited.
I. Automotive repair work and/or servicing must be performed within an
enclosed building or structure.
(11) Hotels, subject to the following conditions:
a. All rooms shall be designed to be entered from enclosed interior corridors.
b. All rooms providing glass sliding doors at first-floor grade level shall face an
interior courtyard.
c. Accessory uses shall be allowed, such as swimming pools, spas, cabanas,
saunas, tennis courts, clubhouses, gazebos, utility buildings, restaurants and any
other similar use deemed appropriate by the building official.
d. Accessory uses shall be allowed, such as shops for the retail sale of flowers,
sundries, newspapers and books, jewelry, gifts, sportswear and clothing, art and
similar items, and barbershops or beauty shops, subject to these uses being
located within a main building. The primary customer entry shall be from within a
main building with no exterior entry, except a secondary entry may be allowed
from an interior courtyard.
e. All recreational accessory uses, such as a swimming pool, spa, tennis court,
clubhouse, sauna and exercise room, shall be located within a main building or
within an interior courtyard. The primary customer entry shall be from within a
main building with no exterior entry, except a secondary entry may be allowed
from an interior courtyard.
f. Hotels shall be subject to the requirements of section 78-291 and all other
applicable sections of this chapter.
(12) Motor vehicle dealers, subject to the following conditions:
a. Size shall be regulated with a minimum of two acres and a maximum of eight
acres. Motor vehicle dealer establishments shall be prohibited from locating
within 1,000 lineal feet of an existing or previously approved motor vehicle dealer
establishment within the village.
b. Hours and days of operation shall be restricted as follows:
1. Twenty-four-hour operation is prohibited.
2. Specific closing no later than 9:00 p.m.
3. Sunday operating hours limited to 11:00 a.m. to 6:00 p.m.
4. No opening for business on Monday through Saturday before 7:00
a.m.
c. The use of banners, flags, streamers, balloons or any similar device shall be
prohibited. The use of the American flag shall be restricted to no more than one
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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 completely
enclosed buildings. Except for the parking of motor vehicles to be sold, rented, or
serviced, there shall be no outside storage of any kind.
f. The business of the sale, brokerage, and rental of vehicles is only to be
conducted within an enclosed showroom. Outdoor vehicular parking is for
customers, display and storage purposes only. The dealership must maintain a
valid license with the state department of motor vehicles at all times.
g. The site plan for proposed motor vehicle dealer establishments shall include,
but not be limited to, the following:
1. Delineation of the customer parking area and the configuration of the
parking spaces for the customer parking area.
2. Delineation of an employee parking area and the configuration of the
parking spaces for the employee parking area.
3. Delineation of the required enclosed vehicle showroom building.
4. Delineation of an acceptable outdoor vehicle display area and the
configuration of the parking spaces for the display area.
5. Delineation of any proposed vehicle storage area.
h. Motor vehicle dealers shall be required to provide a vehicle showroom
building of no less than 3,000 gross square feet in area.
i. Major and minor repair activities shall only be accessory uses to the principal
use. Major and minor repair activities are as defined in this chapter. Paint and
body shop activities or facilities shall be prohibited.
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.
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, pacing, advertising, or signage of any type being placed
directly upon or within any motor vehicle or part thereof (i.e., windshield, window,
roof, hood, trunk, side panels, etc.) shall be prohibited. However, nothing in this
subsection shall be construed to prohibit provision of required vehicular
information stickers or labels as may be required by federal, state or other law.
p. All motor vehicle sales establishments shall be restricted to U.S. Highway 1
frontage. However, this shall not preclude frontage on additional rights-of--way,
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provided that ingress and egress within the additional frontage shall be
prohibited. Additionally, frontage along additional rights-of--way shall have a 15-
foot buffered landscaped area separating the property from the right-of-way.
Required frontage along U.S. Highway 1 shall be required to have a 15-foot
landscaped buffered area separating the property from the U.S. Highway 1 right-
of-way.
q. Motor vehicle dealers shall be subject to the requirements of article fX,
division 2 of this chapter and all other applicable sections of this chapter.
r. All vehicle storage areas shall be fenced or walled off. Designated vehicle
storage areas shall be contained within the rear yard of the subject property.
s. All applicable sign regulations of the village shall be applied and met.
t. The use shall strictly conform with the village landscape regulations, article IX,
division 4 of this chapter. Additionally, 15 percent minimum of the entire site shall
be devoted to living landscaping.
u. The entire site shall be hedged, landscaped, buffered and irrigated in
accordance with village landscape regulations, article IX, division 4 of this
chapter.
v. The use of raised or open hoods, trunks and doors for advertisement or
attention seeking purposes shall be prohibited. Utilization of unusual parking
alignments such as "back end first" configurations for advertisement or attention
seeking purposes shall also be prohibited.
w. Stormwater runoff must be retained on-site in accordance with South Florida
Water Management District guidelines. All motor vehicle sales establishments
must provide on-site waste retention facilities for chemical and petroleum
products.
x. No outdoor public address or paging system of any kind shall be permitted at
any motor vehicle sales establishment.
y. All vehicles for sale, rental or display, not located within an enclosed
structure, must be parked at grade.
(13) Shopping centers.
(14) Churches, subject to the following conditions:
a. The minimum lot size shall be five acres under unity of title, the sole use
thereof to be for church use.
b. Churches shall be within a freestanding building.
c. Churches shall be prohibited within a shopping center, mall, storefront or
other retail facility.
(15) Publicly owned and operated community buildings.
(16) 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.
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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.
(17) Adult arcade amusement centers ("adult arcades") upon a determination by the
village council that the proposed use is consistent with the provisions of F.S. §849.161,
and subject to the following additional standards. This regulation shall not apply to bona
fide charitable organizations that have been awarded Section 501(c)(3), status under the
Internal Revenue Code of the United States, and which may operate five or fewer games
of amusement, chance or skill on their premises.
(a) Definition. An adult arcade is defined herein as an amusement center,
game room, or other enterprise, at which electronic, mechanical, coin, ticket,
token, card, or other similarly operated, computer, video or other similar games
of amusement, chance or skill are played, whether for consideration or not. The
presence of games or gaming devices that are similar to, or in the nature of, slot
machines shall result in a rebuttable presumption that the establishment at which
such machine is located is an adult arcade as defined herein.
(b) Location. No special exception shall be granted for a new adult arcade or to
permit the substantial enlargement or transfer of ownership or control of an adult
arcade, to be located within 2,500 feet of the property line of a properky assigned
a land use designation or zoning classification that permits residential uses,
another adult arcade, a public or private school, a day care facility, a church or
house of worship, a public library, an alcoholic beverage establishment, or a
public park. The required 2,500 feet minimum separation shall be measured by
drawing a straight line between the nearest point on the perimeter of the property
line of the proposed adult arcade use, to the nearest property line of the other
existing use. An adult arcade shall not be located within the same development,
planned unit development, plaza, shopping center, retail office or industrial park,
as any other adult arcade regardless of the separation distances.
(c) Operational requirements.
(1) Adult arcades shall not be open to the public before 9:00 a.m. or
after 9:00 p.m.
(2) An employee of the adult arcade who is 21 years of age or older,
shall be on the premises of the adult arcade to supervise the operation
thereof during all hours of operations.
(3) No alcoholic beverages, including beer or wine, may be brought to,
sold, distributed, or consumed on the premises of any adult arcade.
(4) No person under the age of 18 years shall be permitted on the
premises of an adult arcade unless such person is accompanied by a
parent or legal guardian.
(5) An adult arcade shall not discriminate based upon race, creed,
gender, national origin, religion, or physical handicap.
(6) The use of gift certificates, gift cards, and/or other similar items of
value or cash substitutes are strictly prohibited.
(7) Prizes shall be limited to $5.00 retail value per day, and shall be
confined to use on the premises.
(8) All machines and devices must comply with state laws, rules,
regulations and prohibitions, pertaining to slot machines, and shall be in
full compliance with F.S. § 849.161, as amended.
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(9) Law enforcement and village code enforcement officers shall have
full access to enter and inspect any machine at any time to ensure
compliance with the provisions of this section, and the requirements of
the Florida Statutes.
(10) The use, operation, or provision of any machine, computer, server,
cellular telephone, or wireless, electronic, or other equipment or device, in
or upon the premises of any adult arcade, for the purpose of gambling,
gaming, wagering, betting, accessing cyber or virtual casinos, Internet
gambling websites, lotteries, bingo games, or participating in any way in
any other gaming or gambling activities (whether making, transmitting, or
receiving bets, wagers, etc.) is strictly prohibited. No owner or operator of
any adult arcade shall provide or make available any such equipment for
use by its patrons and other persons on the premises, nor shall the owner
or operator permit the use of any such device by any person while on the
premises. All state of Florida and Federal Intemet gaming laws,
prohibitions, and statutes, as are adopted and may be amended from
time to time, are hereby incorporated by reference into this section.
(11) The violation of any of the provisions of this section shall constitute
sufficient grounds for the village council's revocation of the special
exception for the adult arcade.
(d) Signage. The use of any imagery or graphics on a sign referencing
gambling or games of chance including, but not limited to, slot machines, poker
wheels, or any other similar machine or device is prohibited and unlawful, when
visible from the exterior of the adult arcade, including, but not limited to, wall
signage and window signage. The use of strip, neon or flashing lighting is
prohibited and unlawful.
(e) Parking. The parking requirements for an adult arcade shall be prescribed
in the development order granting the special exception.
(f1 Supplemental special exception requirements. The following supplemental
requirements shall apply to all adult arcades, and shall be set forth as conditions
of approvals, in all development orders granting a special exception for an adult
arcade.
(1) The property owner and/or the person or entity operating or
conducting the adult arcade shall regularly inform the village manager, or
designee, of any changes in the information required in this section.
(2) No person or entity shall operate or conduct an adult arcade in the
village without first obtaining 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
operating the adult arcade, or an employee of the business, has been
convicted of a violation of a federal or state law or statute, or any local
ordinance pertaining to gambling or any other crime involving moral
turpitude within seven (7) years preceding the application for the special
exception.
(g) Supplemental occupational licensing requirements. These supplemental
requirements shall apply to each subsequent owner and operator of an adult
arcade operating under a special exception approval. As a prerequisite to the
issuance of an occupational license for an adult arcade by the village, an
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inspection shall be made of the premises by the village manager, or designee,
building official, fire chief, chief of police, or their designee, each of whom must
consent to the issuance of such occupational license. In addition to the
requirements of chapter 70 of this Code, the applicant for an occupational license
for an adult arcade, must provide 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 enterprise or business is to be conducted.
(3) The location at which the enterprise or business is to be operated.
(4) The name, address, telephone numbers, date of birth, driver's
license number, and principle occupation of every person with an interest
in the enterprise or business of the adult arcade.
(5) The number (quantity) of the machines and other such equipment to
be located on the premises of the adult arcade.
(6) A complete description of each machine to be located on the
premises of the adult arcade, including at a minimum the name of the
manufacturer(s), serial numbers, name, type, or description of each
machine, name of the actual owner(s) of each machine with address(s)
and phone number(s), including any person or entity with a financial or an
equitable interest, and all UCC financing statements.
(7) Whether the applicant has ever been engaged in operating a gaming
or gambling house, card room, games of chance, an amusement arcade,
of any type or nature, and when, where, and how long in each place
within the five years preceding the date of the application.
(h) Machine registration requirements. Registration of each amusement device
however operated, is required at the time the application for an occupational
license is submitted and the machine registration must be renewed annually at
the time the occupational license is renewed. For each machine registered in the
village, a numbered metal or plastic decal shall be issued by the village to the
applicant for each machine and must be prominently displayed by the applicant
of where the machine is to be operated in the licensed premises, the
manufacturer of the machine, the manufacturer's serial number, and the software
version if any. Registration decals are not transferable from person to person,
business to business, location to location, or machine to machine. The
registration decal for each machine shall be attached thereto and in plain view at
all times. The failure of any machine to display a current registration decal shall
be a violation of this section and subject to enforcement action by the village. No
machine will be eligible for a registration decal if its operation involves any
material elements of chance unless:
(1) The applicant submits with the application, satisfactory proof that the
applicant has registered with the United States Department of Justice
pursuant to 15 United States Code 1171, and
(2) The applicant submits with the application, all records required by
Federal law to be maintained by those who register under 15 United
States Code 1171, and certifies the machine bears the permanent
marking required by Federal law.
(3) The applicant shall keep the registered machines, the records of
acquisition, location and disposition required by Federal Law, and records
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of prize awards open to law/code enforcement inspection at any time.
(i) Peace disturbances, gambling, intoxicated persons, minors. No tenant,
lessee, licensee or owner of any adult arcade, or any servant, agent, or
employee of such a licensee or owner, shall permit upon the premises of an adult
arcade, any of the following:
(1) Disorderly persons.
(2) Gambling or the use of, possession, or presence of gambling
paraphernalia, as defined in Chapter 849, Fia. Stat., or wagering, betting,
gambling and/or gaming via the Internet, such as in virtual or cyberspace
casinos or otherwise, as more specifically prohibited herein.
(3) Intoxicated or substance impaired persons.
(4) Loud noise, sounds or music to emanate from the adult arcade,
which noise, sounds, or music is disturbing to the surrounding properties.
(5) Any tenant, lessee, licensee or owner, or any servant, agent, or
employee of an adult arcade, shall be presumed to have permitted the
conduct enumerated in this section if it occurs on premises housing an
adult arcade.
(e) Prohibited uses and structures. The following uses and structures are prohibited in the C-2
district:
Any use or structure not specifically or by reasonable implication permitted in this section
as a permitted use, accessory use or permissible by special exception.
(f) Properly 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; provided
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/subterranean parking is provided.
In addition, if a PCD special exception use is approved in 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 subsection
78-255(2).
(2) Setbacks. The minimum setback for principal and accessory structures in the C-2
district shall be as follows:
Front yard setback: 25 feet, provided however, that four- and five-story buildings shall
provide an additional five feet of setback for each story above 50 feet;
Rear yard setback: Ten feet, provided however, that no rear yard setback shall be
required if the property abuts a railroad right-of--way or spur track;
Side yard setback: Ten feet except a 20-foot side yard setback shall be required of any
intersecting street and where a property is contiguous with any non-commercial zoning
district.
(3) Minimum site area, lot width, and coverage requirements. The minimum site area
shall not be less than 7,500 square feet. The minimum lot width shall not be less than 75
feet. The maximum lot coverage shall not exceed 40 percent.
(4) Open space. The minimum percentage of landscaped open space is 25 percent.
(Code 1977, app. A, § VII(D)(6); Ord. No. 600, § 2, 9-7-2005; Ord. No. 605, § 4, 5-18-2006)
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ARTICLE VI. SCHEDULE OF DISTRICT REGULATIONS Page 1 of 6
Sec. 78-178. C-3 general commercial district.
(a) Purpose. It is the purpose and intent of the C-3 general commercial district to provide
lands within the village as depicted on the official zoning map and thereby encourage the
development of a general variety of commercial uses which provide a wide range of goods and
services.
(b) Permitted uses. Permitted uses in the C-3 district are as follows:
(1) Retail sales and services.
(2) Business services.
(3) 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 establishments.
(16) 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. No 24-hour operation.
2. Specific closing no later than 9:00 p.m.
3. Must remain closed on Sundays.
4. No opening for business before 7:00 a.m.
c. The use of banners, flags, streamers, balloons or any similar device shall be
prohibited. The use of the American 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 completely
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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.
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.
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.
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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 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.
(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 structures and buildings such as water pumping plants, water treatment
plants, sewage plant lift stations, electric substations, and police and fire stations and
any other use normally appurtenant thereto, libraries and governmental facilities.
(2) Private clubs.
a. Sleeping facilities shall be prohibited.
b. Such use shall be operated for the benefit of members only and not as a
business concern.
(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 gas station, provided:
a. There shall be a main building setback from all right-of-way lines of 40 feet.
b. Main and accessory buildings shall be located a minimum of 50 feet from any
residential district.
c. A minimum six inches in height raised curb shall be required at all right-of-
way lines, except at approved access driveway openings.
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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.
(5) Convenience store, provided:
a. The proposed convenience store shall be subject to all special requirements
for fuel dispensing businesses if the proposed store is to include such use.
b. The proposed site shall meet or exceed the 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 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 county fire-rescue department.
e. The proposed store shall have adequate on-site lighting that illuminates all
parking, loading and fuel service islands.
f. No convenience store shall be located within 1,500 feet of any other
convenience store. For the purposes of this subsection, all measurements of
distances shall be along a straight airline route from the nearest point on any
property line to the nearest point on any property line of any property used as a
convenience store.
g. The proposed convenience store shall have appropriate security systems to
include, but not be limited to, the following:
1. Convenience store uses shall be equipped with cameras with video
retrieval capabilities.
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ARTICLE VI. SCHEDULE OF DISTRICT REGULATIONS
Page 5 of 6
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
beer or wine 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.
(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, 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.
(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.
(Code 1977, app. A, § VII(D)(7))
Sec. 78-179. R/OP recreation/open space district.
(a) Purpose. The purpose and intent of the R/OP recreation/open space district is to establish
and protect certain areas which meet the recreational 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 R/OP district are as follows:
(1) Golf courses.
(2) Neighborhood and community public recreational 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:
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ARTICLE VI. SCHEDULE OF DISTRICT REGULATIONS Page 6 of 6
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 following uses and structures are prohibited in the
R/OP 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))
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ARTICLE VII. PLANNED RESIDENTIAL DEVELOPMENTS (PRD) Page 1 of 2
Sec. 78-225. General requirements and special regulations.
The following general requirements and special regulations shall apply to all planned residential
developments:
(1) Location. As set forth in the schedule of use regulations in article VI, division 2 of
this chapter, a planned residential development 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 purpose 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 development, and
such other conditions or modifications as may be attached to the special
exception.
b. Provide agreements, covenants, contracts, deed restrictions, or sureties
acceptable to the village for completion of the undertaking in accordance with the
approved site plan as well as for the continuing operation and maintenance of
such areas, functions, 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 under
subsections (4)a. and b. of this section.
(5) Configuration of site. Any tract of land for which a planned residential development
application is made shall contain sufficient width, depth, and frontage on a publicly
dedicated arterial or major street or appropriate access thereto to adequately
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 schedule
of use regulations in article VI, division 2 of this chapter as a permitted use,
accessory use, or special exception.
b. Single-family detached--cluster design.
c. Single-family detached--patio home design.
d. Single-family attached--zero lot line.
e. Group home and congregate living facilities.
(7) Site plan approval.
a. The application content and process by which a planned residential
development shall be reviewed and acted upon by the village council shall be the
same as those provided for in article IX, division 2 of this chapter.
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ARTICLE VII. PLANNED RESIDENTIAL DEVELOPMENTS (PRD) Page 2 of 2
b. Each approved site plan, or phase thereof, shall also be platted prior to the
issuance of a building permit for any land included within the site plan.
(8) Platting. Each plat for a planned residential development shall be in compliance
with the provisions of F.S. ch. 177 and chapter 66.
(9) Development phasing controls. Should a planned residential development be
constructed in phases, in addition to the requirements of article IX, division 2 of this
chapter, the following sequence must be adhered to:
a. If a major recreation facility is planned to serve the development, it shall be
platted prior to the platting of more than 40 percent of the total permitted dwelling
units.
b. The gross density of an individual plat shall not exceed the maximum number
of dwelling units permitted in the particular zoning district within which the PRD is
located for that portion of the PRD platted as residential area, as set forth in
subsection (10)a of this section, unless the particular plat being considered, in
conjunction with all previously recorded plats of record, produces an average
density less than or equal to the approved maximum density for the entire
planned residential development.
(10) Area limitations for specific uses.
a. The following percentage expresses the maximum area of the planned
residential development which the specific uses may occupy:
Residential: 65 percent of gross land area.
b. All planned residential developments shall contain areas at least equal to the
following minimums:
Open space: 35 percent of gross land area.
(11) Required public facilities and services. No building permits or development orders
shall be issued unless public facilities and services which meet or exceed the adopted
level of service standards are available concurrent with the development impacts.
Compliance with this requirement may be accomplished through one or more or a
combination of the following processes:
a. Install all required public facilities/infrastructure/services prior to or concurrent
with the development impacts.
b. Phasing of all required public facilities/infrastructure/services:
1. By local government (capital improvements element).
2. By the developer (development agreements).
c. Phasing of the development.
(Code 1977, app. A, § IX(E))
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ARTICLE VIII. PLANNED COMMERCIAL DEVELOPMENTS (PCD) Page 1 of 1
ARTICLE VIII. PLANNED COMMERCIAL DEVELOPMENTS (PCD)
Sec. 78-251. Purpose and intent
The purpose and intent of this article, is to permit and facilitate the limited development of
certain commercial areas, with a combination of appropriate commercial uses together with fee-simple,
residential uses, which by virtue of the planned commercial development ("PCD"), are uniquely
compatible, harmonious, and mutually complimentary with adjacent development and the community as
a whole. Examples of appropriate commercial uses for a PCD include, but are not limited to, business
services and offices, professional services, personal services, restaurants, health and fitness centers,
and small-scale specialty retail sales and services. Consideration should be given as to whether a
proposed commercial use, which may otherwise be a permitted commercial use in the C-2 zoning
district, would be incompatible, inappropriate, and an unsuitable use when joined with residential uses.
Only commercial uses, which are permitted by right in the C-2 zoning district, are allowed within a PCD.
Commercial uses which are blended with residential uses in a PCD, are intended to serve the
residents of the entire village, and not just the residents of the PCD. Commercial uses within a PCD
must be open to the general public and shall not be limited to use only by the residents of the PCD. The
proposed commercial uses for the PCD must be identified by the time the special exception request is
reviewed by village council, and at that time, the petitioner must provide the village council with details
concerning the hours of operation of each commercial use, the estimated square footage of each
commercial use, the estimated number of employees for each commercial use, the estimated number
of consumers or users of each commercial use, the amount of parking to be dedicated to employees
and users of the commercial uses, and any other additional information that the village council may
reasonably require in their review of the special exception request for approval of a PCD use.
The design and architecture of the PCD shall result in a cohesive, innovative structure, with
architectural significance, preserving existing trees and other natural features on the site, and
integrating open spaces and common areas. The use of open space squares, plazas, passive parks,
courtyards, loggias, colonnades, walkways, fountains, connections between buildings, common areas,
pedestrian linkages, recreational areas and other public spaces where people may congregate socially
and recreationally is encouraged.
PCD's shall be designed to promote unimpeded pedestrian circulation and reduce the number
and length of vehicular trips. The buildings shall be strategically placed to allow residents and
consumers to circulate and access their destinations without having to return to their vehicles to reach
each destination within the PCD.
(Code 1977, app. A, § IX-A(A); Ord. No. 605, § 5, 5-18-2006)
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ARTICLE VIII. PLANNED COMMERCIAL DEVELOPMENTS (PCD) Page 1 of 5
Sec. 78-255. General requirements and special regulations.
The following general requirements and special regulations shall apply to all PCD's:
(1) Location. As set forth in the schedule of use regulations in article VI, division 2 of
this chapter, a PCD is permitted only as a special exception in the C-2 zoning district.
(2) Property development regulations (see also table inset in section 78-143):
a. Setbacks. The minimum setback for principal and accessory structures in the
C-2 district shall be as follows:
Front yard setback: 25 feet, except four- and five-story buildings shall provide an
additional five feet of setback for each story above 50 feet;
Rear yard setback: Ten feet, provided however that no rear yard setback shall be
required if the property abuts a railroad right-of--way or spur track;
Side yard setback: Ten feet except a 20-foot side yard setback shall be required
at any intersecting street and where a property is contiguous with any non-
commercial zoning district.
Notwithstanding the foregoing requirements, if any side or rear yard abuts
residential, the village council may increase the required rear or side yard set-
back by up to an additional ten feet.
b. Minimum site area, percentage of use. No site shall qualify for a PCD unless
the development consists of a contiguous area of at least three acres. Neither the
overall commercial or the overall residential land use, shall occupy more than 60
percent of the PCD.
c. Maximum !ot coverage and minimum living area requirements. The
maximum lot coverage shall not exceed 40 percent. The minimum living area
requirement for any residential unit in a PCD shall not be less than 1,000 square
foot per unit.
d. Open space. The minimum percentage of landscaped open space in any
PCD is 25 percent of the PCD.
e. Building height. The permitted height for buildings in a PCD shall not exceed
four stories or 50 feet, as is as allowed in the C-2 zoning district. However, as
part of the site plan approval process, a petitioner may request an increase in
building height in accordance with the provisions of this paragraph, and at the
discretion of the village council, the building height for a PCD may be increased
to a maximum of five stories or 70 feet above the average finished grade. A
request that the village council increase the building height to a height not to
exceed five stories or 70 feet, as part of a site plan application, may be granted
taking into consideration the criteria listed below:
(1) The request is consistent with the purpose and intent of this article.
(2) The request supports and furthers the village's goals, objectives, and
policies of a PCD as set forth in section 78-252, the design criteria of
section 78-257, and other standards set forth in this article, which include,
but are not limited to, the limited development of certain commercial
areas with a combination of appropriate commercial uses together with
fee-simple, residential uses, which by virtue of the PCD, are uniquely
compatible, harmonious, and mutually complimentary.
(3) The request results from innovative design in which other minimum
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ARTICLE VIII. PLANNED COMMERCIAL DEVELOPMENTS (PCD) Page 2 of 5
standards are exceeded.
(4) The request clearly demonstrates the public benefits to be derived,
including but not limited to, the use of desirable architectural, building,
and site design techniques.
(5) The request is not based solely or predominantly on economic
reasons, and the increased height is required for other legitimate
development purposes, and which need is substantiated by objective
studies, data, reports, and other documentary evidence.
(6) The increase in height will be compatible with existing structures
nearby and adjacent to, the development site, regardless of whether the
nearby properties are within the corporate limits of the village or are in
unincorporated Palm Beach County.
(7) The increase in height will be consistent with existing structures
nearby and adjacent to, the development site, regardless of whether the
nearby properties are within the corporate limits of the village or are in
unincorporated Palm Beach County.
(8) The proximity of the PCD to any residential zoning district.
(9) The request demonstrates that the increased height will be in
harmony with the general purpose and intent of this article, and will not be
injurious to the area involved, or otherwise detrimental to the public
health, safety, and welfare.
(3) Residential areas to be subject to a declaration of covenants and restrictions. All
residential units in the PCD and certain other real property as legally described in the
PCD site plan, shall be held, transferred, sold, conveyed and occupied, subject to a
declaration of covenants and restrictions formed and created in accordance with Florida
law by a community association for the purpose of regulating, controlling, and
maintaining the residential component of the PCD. Every person or entity, upon
acquisition of fee simple title of any unit, shall automatically become a member of the
community association. Membership shall be appurtenant to and may not be transferred
or separated from the ownership of any unit which is subject to the declaration of
covenants and restrictions. All residential units in the PCD shall be subject to fee simple
ownership and the governing documents shall prohibit the use of property subject to the
declaration of covenants and restrictions from being used as a time share, rooming
house, hotel or motet, apartment complex or from being rented for a time period less
than six months. The proposed declaration of covenants and restrictions shall be subject
to the review and approval as to compliance with this section by the village attorney prior
to the sale or conveyance of any residential unit by the developer.
(4) Parking garages. Parking garages, or portions of parking garages, which are above
natural grade, shall be counted as a story for purposes of measuring overall building
height. Subterranean parking garages and/or storage area which are below natural
grade shall not be used in calculating overall building height in the same manner as
provided in the definition of basement. See section 78-4. Subterranean parking garages
and/or storage areas shall not exceed the footprint of the principal structure. The
declaration of covenants and restrictions for the community association which will govern
the residential portion of the PCD, shall contain a schedule of the residential dwelling
units by unit number and legal description, together with the parking number(s), location
(s) and legal description of the parking space(s) to be assigned and conveyed with the
initial sale of each dwelling unit by the developer. The declaration of covenants and
restrictions shall expressly prohibit the sale, conveyance, transfer or other form of
attempted severance of a parking space(s) from the unit to which it was initially assigned
in and by the declaration.
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ARTICLE VIII. PLANNED COMMERCIAL DEVELOPMENTS (PCD) Page 3 of 5
(5) Building use. The sidewalk level story (first story) of any building in a PCD shall be
limited to permissible commercial uses, and shall be pedestrian oriented. Residential
dwelling units, if any, within any building in a PCD must be located in stories above the
first story. Livehnrork lofts are not permitted in the PCD.
(6) Unity of title. All land included for purpose of development within a PCD shall be
held by the property owner of record under unity of title whether that property owner is
an individual, partnership or corporation, or a group of individuals, partnerships or
corporations. The property owner or the owner's agent must present written evidence of
the unity of title of the entire area within the proposed PCD and must provide a written
agreement to the village stating, that, if the owner proceeds with the proposed PCD, the
owner will:
a. Do so in accord with the officially approved master site plan of the
development, and such other conditions or modifications as may be attached to
the special exception approval.
b. Provide agreements, covenants, contracts, deed restrictions, or sureties
acceptable to the village to guarantee the completion of the undertaking in
accordance with the approved master site plan, as well improvement bonds and
other similar documents providing for the continuing operation and maintenance
of such areas, functions, and facilities which are not to be provided, operated, or
maintained at general public expense by the village or another entity with
jurisdiction.
c. Bind the property owner's development successors in title and assignees, to
any commitments made under subsections (5)a. and b. of this section.
The evidence of unity of title and the proposed development agreement as required by
this paragraph shall be subject to the review and approval as to form and legal
sufficiency by the village attorney.
(7) Configuration of site. Any tract of land for which an application for PCD approval is
requested, shall contain sufficient width, depth, and frontage on a publicly dedicated
arterial or major street, or appropriate access thereto in order to adequately
accommodate its proposed use and design of the PCD. At least one portion of the
perimeter of any PCD shall be located on an arterial road as defined by the village's
comprehensive plan.
(8) Permitted uses. Permitted uses are as follows:
a. Residential uses.
1. If residential dwellings are to be constructed as part of a commercial
building in a PCD, the residential dwellings shall be located only within, or
as an integral part of the main buildings.
2. Any fee simple use within the R-2 and R-3 zoning districts which are
listed in the schedule of use regulations in article VI, division 2 of this
chapter as a permitted use.
3. Adult congregate living facilities.
b. Commercial uses.
1. Retail sales and service.
2. Business service.
3. Professional service.
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ARTICLE VIII. PLANNED COMMERCIAL DEVELOPMENTS (PCD) Page 4 of 5
4. Personal service.
5. Restaurant, bakery.
6. Theatre.
7. Health and fitness facility.
8. Other similar low-intensity commercial uses which the village council
determines are uniquely appropriate and compatible with the other
proposed commercial uses for the PCD, the proposed residential uses,
and the existing surrounding uses, may be permitted after considering the
public demand for the proposed use, the public benefit to be derived from
the proposed use, and whether the proposed use will be injurious to the
area involved, or otherwise detrimental to the public health, safety, and
welfare; and the size, density operating hours, traffic impacts of the
proposed use.
c. Recreational uses. Any use within the R/OP zoning district which is listed as
a permitted use, accessory use or special exception.
(9) Conceptual and site plan review.
a. All applications for the development of a PCD as a special exception use in a
C-2 zoning district are subject to conceptual plan review as provided for in article
IX, divisions 2 and 3 of this chapter. In formulating a conceptual plan for a
proposed PCD, the special exception petitioner, shall strictly comply with the
requirements of section 78-368, and at a minimum, the conceptual plan shall
address items 1. though 16. of section 78-368(b) of this article. In addition, the
site plan application content and process by which a PCD shall be reviewed and
acted upon by the village council, shall be the same as those provided for in
article IX, division 2 of this chapter, together with the applicable portions of this
article if additional building height is requested.
(10) Platting. Each plat for a PCD shall be in compliance with the provisions of F.S. ch.
177.
(11) Development phasing controls. Should a PCD be constructed in phases, in
addition to the requirements of article IX, division 2 of this chapter, the following
sequence must be adhered to:
a. If a residential land area is planned as part of a PCD, it shall not be platted
without the platting of any commercial land area.
b. If residential dwellings are to be constructed as part of a commercial building
in a PCD, the residential dwellings shall be located only within, or as an integral
part of the main buildings; however, the residential dwellings shall not be issued
a certificate of occupancy prior to issuance of a certificate of occupancy for the
commercial occupancy of the main buildings.
(12) Architectural theme. The initial development of a PCD, or any subsequent phase
thereof, shall follow a common architectural theme throughout the entire development.
The petitioner must provide a description and examples of architectural styles to be
utilized within the PCD, including but not limited to the overall design characteristics; roof
types; window types; common features and decorative elements and embellishments
such as cornices; door and entries; pedestrian amenities; and signage. There must be
equal architectural treatment on all four sides of any building. The theme shall be
established during the conceptual plan review process and then maintained through the
development process.
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ARTICLE VIII. PLANNED COMMERCIAL DEVELOPMENTS (PCD) Page 5 of 5
(13) Total residential dwelling unit density. For the purpose of this article, if dwelling
units are to be developed as part of a PCD, regardless of whether the PCD is developed
in phases or not, the total number of dwelling units permitted in the PCD, shall be
computed on the basis of 18 dwelling units per gross acre of that portion of the PCD
which is platted as commercial and residential area.
(14) Required public facilities and services. No building permits or development orders
shall be issued unless public facilities and services which meet or exceed the current
adopted level of service standards, are available concurrent with the development
impacts. Compliance with this requirement may be accomplished through one or more of
the following processes:
a. Install all required public facilities/infrastructure/services prior to or concurrent
with the development impacts.
b. Phasing of all required public facilities/infrastructure/services:
1. By local government (capital improvements element).
2. By the developer (development agreements).
c. Phasing of the development.
(Code 1977, app. A, § IX-A(E); Ord. No. 605, § 5, 5-18-2006)
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ARTICLE IX. SUPPLEMENTAL REGULATIONS
Page 1 of 1
Sec. 78-295. Unenclosed uses in commercial districts; awnings and other projections
over sidewalk or required yard area.
The following are conditions of operation for all permitted uses, accessory uses, and special
exceptions in C-1, C-2, and C-3 zoning districts:
(1) Enclosure of uses. All commercial uses shall be operated entirely within enclosed
buildings except for the following uses: off-street loading, automobile parking, and the
fuel sales and dispensing facilities of full-service fuel stations or gas stations, sidewalk
cafes, and drive-in, drive-through, or walk-up service window facilities, i.e., laundry, dry
cleaning, and banking facilities.
(2) Projections over sidewalk or required yard area. Cornices, solid canopies, or
architectural features may extend 48 inches over the sidewalk or required yard area,
provided it shall have nine feet of vertical clearance between any solid construction and
the sidewalk or yard. Marquees or canvas-covered fireproof canopies, no wider than
entranceways, may be constructed over main entrances to theaters and places of public
assembly, provided that no part shall be nearer than 18 inches to the face of the curb,
and such installation shall have a minimum of nine feet of vertical clearance between
any solid construction and the sidewalk. No projections shall be allowed in the required
rear yard except open type fire escapes, and these must be provided with a
counterbalanced bottom section to provide for nine feet of clearance when up.
(3) Awnings. Awnings may be suspended over sidewalks or ways provided that they
shall not project nearer than 18 inches to the face of the street curbline or more than
eight feet from the exterior wall of the building, and such installation shall have at least
seven feet six inches of vertical clearance between any solid construction and the
sidewalk. The cloth front and side drops shall measure not less than six feet six inches
from their lowest point to the sidewalk.
(Code 1977, app. A, § X(C))
Sec. 78-296. Full-service fuel stations or gas stations.
No full-service fuel station or gas station shall be erected within the village unless the station is
located fronting along U.S. Highway 1 in the C-2 zoning district or is located within the C-3 zoning
district.
(Code 1977, app. A, § X(F))
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DIVISION 2. SITE PLAN REVIEW*
Page 1 of 1
Sec. 78-642. Parking of certain commercial vehicles prohibited in residential areas.
(a) No commercial vehicles or trucks over three-quarters ton rated capacity may be parked on
any property orright-of--way within a residential area.
(b) For purposes of this division, residential areas include all areas within the village other than
C-1, C-2, C-3, and R/OP.
(c) This restriction shall not apply to the temporary parking of such vehicles on private property
in residential districts whereon construction is underway for which a current and valid building
permit has been issued by the village and such permit is properly displayed on the premises.
(d) This restriction shall not apply to routine deliveries by tradesmen or the use of trucks in
making service calls, providing that such time period is actually in the course of business
deliveries or servicing, as the case may be.
(e) This restriction shall not apply to the parking of emergency vehicles, provided that the time
parked is actually necessary for the emergency. Further, the restriction shall not apply to
volunteer emergency vehicles driven by residents of the village and parked on their property.
(f) This restriction shall not apply to a situation where such vehicle becomes disabled and, as a
result of such emergency, is required to be parked within a residential district for longer than the
time allowed in this section. However, any such vehicle shall be removed from the residential
district within 24 hours by wrecker towing, if necessary, regardless of the nature of the
emergency, and the cost of such towing shall be at the expense of the owner of the vehicle.
(Code 1977, app. A, § X(L)(1))
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ARTICLE XI. SIGNS* Page 1 of 6
Sec. 78-740. General restrictions; maximum size and number of signs.
The restrictions and maximum size of the signs in areas of the village shall be as follows:
(a) Off-premises signs. Signs shall advertise only the structure or business or land
parcel upon which the sign is erected or affixed. Off-premises signs are prohibited
except for temporary open house directional signs and temporary development signs on
remote parcels per subsections 78-740(b)(1) and 743(a).
(b) Residential districts. Signs in residential districts shall be subject to the following:
(1) In residential districts R-1A, R-1, R-2, R-3 and in residential areas of a mixed
use ("MU") development no more than one sign per lot shall be permitted with an
exposed area of not more than four square feet, and advertising only the sale,
lease or rental of the lot or the improvements thereon. No off-site signs shall be
permitted; except, however, one open house directional sign of not more than
two square feet, located on the same block as an advertised open house, is
permitted during daylight hours on Saturday and/or Sunday only. Such sign shall
be exempt from any village permitting requirements.
(2) In residential districts R-2 and R-3, one sign shall be allowed attached to the
building or structure thereon, if any, provided that no signs in any case shall be
larger than 20 square feet.
(3) Identification signs at entrances to driveways and/or parking lots not to
exceed two square feet in size shall be allowed.
(4) Signs in any residential district which advertise the sale, rental, or lease of
real estate shall be removed no later than three days subsequent to the sale,
rental, or lease. Sale, rental, or lease shall be deemed to be the date upon which
a contract for such sale, rental or lease is fully executed. Such sign shall be
exempt from any village permitting requirements.
(5) Signs in any R/OP district shall be allowed only after review by the planning
and zoning advisory board and upon approval by the village council in
accordance with the site plan review process as established in article IX, division
2 of this chapter.
(6) Churches or synagogues located in residential districts shall be allowed
signage as follows:
a. Freestanding sign: One freestanding sign shall be allowed, not to
exceed 30 square feet in total area, with a maximum height of seven feet
above finish grade. The sign shall meet the setback requirement of
section 78-739. Up to 50 percent of the approved sign may be used as a
changeable letter reader sign. Any such freestanding sign shall be
allowed only after review by the planning and zoning advisory board and
upon approval by the village council in accordance with the site plan
review process as established in article IX, division 2 of this chapter.
b. Wall sign: One wall-mounted sign per building shall be allowed, not to
exceed 20 square feet in total area, to be constructed using individual
raised letters and/or a metal plaque type sign.
c. Monument sign: One ground-based monument sign shall be allowed,
not to exceed 20 square feet in area, with a maximum height of four feet
above finish grade. The sign shall meet the setback requirement of
section 78-739. Any such monument sign shall be allowed only after
review by the planning and zoning advisory board and upon approval by
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ARTICLE XI. SIGNS* Page 2 of 6
the village council in accordance with the site plan review process as
established in article IX, division 2 of this chapter.
d. (Multiple wall signs:] Multiple wall signs shall be allowed, providing
that the total square foot area does not exceed 20 square feet and the
signs are uniform with respect to style, color and sign material.
(c) Commercial districts. Signs in C-1, C-2, and C-3 commercial districts shall be
subject to the following:
(1) In shopping centers, the size, design and location of wall signs shall meet
the technical requirements as established by this Code and shall be permitted
after approval by the building official. Uniformity and proportion of design shall be
can'ied out insofar as is possible. Standard trademark signs may be permitted
provided they meet the technical requirements of this article and any applicable
requirements of the building and electrical codes. Any freestanding signs shall
meet the technical requirements of this article and shall be allowed only after
review by the planning and zoning advisory board and approval by the village
council in accordance with the site plan review process as established in article
IX, division 2 of this chapter.
(2) In commercial districts C-1, C-2, and C-3, not including properties within
shopping centers, all wall signs shall meet the technical requirements as
established by this article and shall be permitted after approval by the building
official.
(3) Fixed ceiling-mounted signs on shopping center walkways will be allowed
provided they are at right angles to the building and do not exceed five square
feet in size and do not exceed one per establishment.
(4) In buildings where establishments use a common doorway or doorways or
do not have individual door openings and frontage to a street or parking area, the
following alternative may be permitted after approval by the building official: A
composite sign for all tenants not to exceed 60 square feet or a design for display
of individual signs not to exceed three square feet each and not more than 60
square feet in aggregate.
(5) In commercial districts C-1, C-2, and C-3, corner structures of buildings with direct
exposures to two or more public streets or to a shopping center and a street shall be
allowed a sign on each side of the building exposed to a street or shopping center.
(6) Signs in any commercial district which advertise the sale, rental or lease of real
estate shall not exceed a dimension of 20 square feet. Such signs shall be removed no
later than three days subsequent to the sale, rental or lease of the property advertised.
Sale, rental or lease shall be deemed to be the date on which a contract for such sale,
rental or lease is fully executed.
(Ord. No. 19-08, § 1, 12-11-2008)
Sec. 78-741. Technical requirements.
The following technical requirements shall apply as set forth in this section:
(a) Residential districts. Signs in residential districts zoned R-1A, R-1, R-2, and R-3;
and residential areas of a MU Zoning District shall follow the provisions of section 78-
740(b).
(b) Commercial districts. Signs in commercial districts C-1, C-2, and C-3 shall be
subject to the following:
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ARTICLE XI. SIGNS*
(1) Signs on buildings.
Page 3 of 6
a. One sign per establishment shall be permitted on the building or
structure, not to exceed 60 square feet in area.
b. Multiple wall signs on a building frontage or tenant area may be
permitted upon approval by the building official that do not exceed the
maximum square foot area allowed and have uniformity with respect to
color, style and type of sign material.
(2) Freestanding signs.
a. Shopping centers within the C-1 neighborhood commercial district
shall be allowed one freestanding sign, not to exceed 60 square feet in
area and not to exceed 16 feet in height from finished grade and having a
minimum setback of ten feet in accordance with section 78-739.
Landscaping and irrigation at the base of any such signage may be
required by the community development director, or may be
recommended by the planning and zoning advisory board and required by
the village council as part of the site plan review process as established in
article IX, division 2 of this chapter whenever the landscaping and
irrigation are considered desirable.
b. Shopping centers within the C-2 community commercial district and
the C-3 general commercial district shall be allowed one freestanding
sign, not to exceed 60 square feet in area and not to exceed 20 feet in
height from the finished grade and having a minimum setback of ten feet
in accordance with section 78-739. Landscaping and irrigation at the base
of any such signage may be required by the community development
director, or may be recommended by the planning and zoning advisory
board and required by the village council as part of the site plan review
process as established in article IX, division 2 of this chapter whenever
the landscaping and irrigation are considered desirable.
c. Shopping centers not utilizing additional freestanding signage or
having approved outparcels with approved freestanding signage within
the C-2 community commercial district having frontage along U.S.
Highway 1 shall be allowed one freestanding sign, not to exceed 100
square feet in area and not to exceed 20 feet in height from finished
grade and having aten-foot minimum setback in accordance with section
78-739. Landscaping and irrigation at the base of any such signage may
be required by the community development director, or may be
recommended by the planning and zoning advisory board and required by
the village council as part of the site plan review process as established in
article IX, division 2 of this chapter whenever the landscaping and
irrigation are considered desirable. Shopping centers within the C-2
community commercial district having frontage along U.S. Highway 1
utilizing freestanding signage in excess of 60 square feet in area but not
to exceed the 100 square feet in area allowance as provided in this
subsection shall not be permitted any additional freestanding signs on
any lot or parcel comprising the shopping center or on any outparcel
associated therewith.
d. Additional freestanding signs shall be permitted in shopping centers
within the C-2 community commercial district having U.S. Highway 1
frontage under the conditions as follows:
i. Shopping centers with approved outparcels, not utilizing the
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freestanding signage allowance in excess of 60 square feet in
area but not to exceed 100 square feet in area as provided for
within this subsection, shall be permitted one freestanding sign for
each outparcel, not to exceed 45 square feet in area and not to
exceed eight feet in height from finished grade and having a
minimum setback of ten feet in accordance with section 78-739.
Landscaping and irrigation at the base of any such signage may
be required by the community development director, or may be
recommended by the planning and zoning advisory board and
required by the village council as part of the site plan review
process as established in article IX, division 2 of this chapter
whenever the landscaping and irrigation are considered desirable.
ii. Reserved.
iii. Shopping centers having U.S. Highway 1 frontage in excess
of 600 lineal feet, not utilizing the freestanding signage allowance
in excess of 60 square feet in area but not to exceed 100 square
feet in area provided for in this subsection and not utilizing any
outparcel signage allowed in this subsection, shall be permitted
additional freestanding signage not to exceed two additional
freestanding signs for each eligible shopping center, provided that
the additional signage shall be located a minimum of 300 lineal
feet from any other freestanding sign within the shopping center.
Any proposed additional freestanding sign not separated by a
distance of at least 300 lineal feet from any other freestanding
sign on the proposed shopping center site shall be prohibited. Any
such additional freestanding signage shall be of the same style
and colors as the other freestanding signs. Any such additional
freestanding signage shall not exceed 60 square feet in area and
shall not exceed 20 feet in height from finished grade and shall
have a minimum setback of ten feet in accordance with section
78-739. Landscaping and irrigation at the base of any such
signage may be required by the community development director,
or may be recommended by the planning and zoning advisory
board and required by the village council as part of the site plan
review process as established in article IX, division 2 of this
chapter whenever the landscaping and irrigation are considered
desirable.
iv. Such additional freestanding signs as may be allowed shall be
constructed in accordance with all other provisions of this
subsection.
e. Establishments not in shopping centers shall be allowed one
freestanding sign under the conditions as follows:
i. Establishments not in a shopping center and located within the
C-1 neighborhood commercial district shall be allowed one sign
per building apart from the building not to exceed 60 square feet in
area and not exceeding 16 feet in height from finished grade and
having a minimum setback of ten feet in accordance with section
78-739. Landscaping and irrigation at the base of any such
signage may be required by the community development director,
or may be recommended by the planning and zoning advisory
board and required by the village council as part of the site plan
review process as established in article IX, division 2 of this
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ARTICLE XI. SIGNS* Page 5 of 6
chapter whenever the landscaping and irrigation are considered
desirable. The sign shall be located within the middle one-third of
the property fronting on the public street.
ii. Establishments not in a shopping center, located within the C-
2 community commercial district or the C-3 general commercial
district, shall be allowed one sign per building apart from the
building not to exceed 60 square feet in area and not exceeding
20 feet in height from finished grade and having a minimum
setback of ten feet in accordance with section 78-739.
Landscaping and irrigation at the base of any such signage may
be required by the community development director, or may be
recommended by the planning and zoning advisory board and
required by the village council as part of the site plan review
process as established in article IX, division 2 of this chapter
whenever the landscaping and irrigation are considered desirable.
The sign shall be located within the middle one-third of the
property fronting on the public street.
(3) Changeable letter signs. Changeable letter signs are prohibited except for
the reader portions of theater signs, menu boards for fast food restaurants and
where specifically exempted or allowed by state law, this code or by specific
recommendation of the planning and zoning advisory board and approval of the
village council as part of the site plan review process as established in article IX,
division 2 of this chapter.
(Ord. No. 19-08, § 1, 12-11-2008)
Sec. 78-742. Exemptions.
The following signs shall be exempt from the permitting requirements set forth in this article:
(a) Professional nameplates.
(b) Signs on residential property designating the owner's name or name of home not to
exceed one square foot in size.
(c) Control signs such as those designating exits, entrances or no trespassing, not to
exceed two square feet in size; provided, however, signs of a larger size, which clearly
serve the public interest and safety, may be permitted upon application to and approval
by the building official.
(d) Signs denoting the architect, engineer,
work under construction, and not exceeding
such signs must be removed within three
occupancy.
contractor or developer when placed upon
16 square feet in area; provided, however,
days after the issuance of a certificate of
(e) Occupational signs on or near to a main entrance denoting only the name and
profession of an occupant in a commercial building or public institutional building and not
exceeding six square feet in area.
(f) Memorial signs or tablets, names of buildings and date of erection when cut into any
masonry surface or when constructed of bronze and other incombustible materials.
(g) Lettering on windows not to exceed three inches in height per letter, indicating the
occupant of the office and the nature of business.
(h) Signs that may be required by any agency of the state or federal government
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ARTICLE XI. SIGNS*
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(i) Traffic or other municipal signs, legal notices, railroad crossing signs, danger and
other such temporary, emergency or non commercial signs.
(j) Safety or caution signs such as "No Smoking" signs near flammable materials.
(k) Paper or other temporary signs may be affixed or otherwise attached to or displayed
within glass display windows of commercial establishments or stores in commercial
districts C-1, C-2, and C-3, without the requirement of a permit being obtained therefor;
provided, however, that not more than one such sign shall be permitted within or upon
any such window display, and further, that any such sign shall not exceed 500 square
inches in size. The foregoing shall not prohibit the use of tags or placards, when such
are directly adjacent to or attached to merchandise displayed for sale; provided,
however, that the size and number of such signs are aesthetically in keeping with the
display window or building.
(I) Those signs described in subsection 78-740(b)(1), which permits one sign per lot in
the R-1A, R-1, R-2 and R-3 districts, and in residential areas of MU Zoning Districts
advertising the sale, lease or rental of the lot on which the sign is located and so as to
allow one open house directional sign, all pursuant to the regulations set forth therein.
(m) Temporary signs announcing a new business, a maximum size of six square feet,
to be placed in store-front windows, for a maximum period of 30 days from date of
application for a permanent sign. Such temporary signs are required to be removed
when the permanent sign is installed or no later than 30 days after installation of the
temporary sign, whichever is sooner.
(Ord. No. 19-08, § 1, 12-11-2008)
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