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HomeMy WebLinkAboutOrdinance_11-10_10/14/2010 ORDINANCE NO. 11 -10 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING. ARTICLE I. IN GENERAL. AT SEC. 78-4 DEFINITIONS. BY ADDING A DEFINITION FOR THE TERM "MICROBREWERY "; AND ARTICLE V1. SCHEDULE OF DISTRICT REGULATIONS. DIVISION 2. SCHEDULE OF USE REGULATIONS. SEC. 78 -177. C -2 COMMUNITY COMMERCIAL DISTRICT BY AMENDING THIS SECTION TO ADD "MICROBREWERY" AS A SPECIAL EXCEPTION USE AND BY REVISING THE OUTLINING OF THIS SECTION TO BE IN CONFORMANCE WITH THE REMAINDER OF THE SECTIONS IN THIS DIVISION; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Village Council of the Village of Tequesta desires to define the term "microbrewery" and to add it as a special exception use in the C -2 Community Commercial District; and WHEREAS, the Village Council further desires to revise the outlining of Section 78 -177, the C -2 Community Commercial District code, to be in conformance with the remainder of the sections in this division of the zoning code; and WHEREAS, the Village Council believes that these revisions to the Village's zoning code will encourage future development in the Village in conformance with Village Code, and is in the best interests of the Village of Tequesta, and will promote the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1 : Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article 1. In General. at Sec. 78-4 Definitions. by adding a definition for the term "Microbrewery" providing that such definition shall hereafter read as follows: Microbrewery means a small, independently owned brewery that produces limited quantities of specialized beers for consumption on the premises, or for sale in packages for later consumption off the premises. A Microbrewery may also, in conjunction with the sale of beer for consumption on the premises, sell wine by the glass or carafe for consumption on the premises. Section 2 : Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article VI. Schedule of District Regulations. Division 2. Schedule of Use Regulations. Sec. 78 -177. C -2 community commercial district by amending this section to add "microbrewery" as a special exception use and by revising the outlining of this section to be in conformance with the remainder of the sections in this Division; providing that Sec. 78 -177. C -2 community commercial district. shall hereafter read as follows: Sec. 78 -177. C -2 community commercial district. (a) Purpose. It is the purpose and intent of the C -2 community commercial district to provide lands within the village as depicted on the official zoning map for the development of commercial activities with a location convenient to U.S. Highway 1 automotive traffic. This district will serve the community at large and provide a mixture of convenience goods and services that offers a greater variety of uses than permitted at neighborhood level. (b) Permitted uses. Permitted uses in the C -2 district are as follows: (1) Retail sales and services. (2) Business services. (3) Professional services. (4) Personal services. (5) Restaurants. (6) Bakery. (7) Dry cleaning and laundry establishments. (8) Florist. (9) Retail Package Liquor Store. (c) Accessory uses. Accessory uses allowed in the C -2 district are as follows: Any accessory use customarily incidental to a permitted use. (d) Special exception uses. Special exception uses in the C -2 district are as follows: (1) Public utility 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, 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 law, including the provisions of this chapter. h. The applicant shall provide transportation to the facility in a form and manner acceptable to the village council. i. The residence may have individual kitchen facilities in addition to the central kitchen and /or facility which shall be provided for the residents of the entire ACLF. Such central kitchen dining shall provide at least two meals per day to the residents of the facility. j. An application for special exception for each such facility shall contain a market analysis which demonstrates the viability and need for the facility to be built or established at the proposed location set forth within the application. For these purposes, the market analysis shall contain, but not be limited to, the following determinations: 1. Determination of the service area of the proposed facility. 2. Determination of the service area population, present and future. 3. Statement of need. k. Maximum residential density is as follows: 1. Adult congregate living facilities: Facilities wherein each separate room or group of rooms is designed or intended for use as a residence by an individual or family. The maximum 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. Q a- Convenience store without fuel sales and dispensing facilities, provided: a. 13�-. The proposed site shall meet or exceed the landscaping found in the article IX, division 4 of this chapter. b. 43, The proposed store shall be free of all obstructions of view from the adjacent street to the main store windows giving a clear and unobstructed view of the cashier's station. c. d. The proposed store shall incorporate into its construction and operation fire protection devices as required by the county fire- rescue department. d. e. The proposed store shall have adequate on -site lighting that illuminates all parking and loading areas. e. 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 line of any property used as a convenience store. f. 4- The proposed convenience store shall have appropriate security systems to include, but not be limited to, the following: 1. ;2: Convenience store uses shall be equipped with cameras with video retrieval capabilities. However, 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., or *_This r equir-ement -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. ;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. 9Q (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. .1 (9) Libraries, art galleries and museums. 011 40) 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)(1 1)g of this section. Curb openings shall be limited to two per street frontage. g. Where two curb openings are providing access to a single street, they shall be separated by an approved landscape island, ten feet in width and 25 feet in length at the right -of -way line. Curb cuts for access driveways shall be located a minimum of ten feet from any adjoining property line. h. To ensure that sufficient room be provided on either side of the fuel pumps without intruding upon sidewalks or upon adjoining property, fuel pumps shall be located a minimum of 50 feet from any adjoining property and a minimum of 25 feet from any street property line. i. All tanks, vents, pump islands and pump island or main and accessory building canopies shall provide a minimum setback of 25 feet from any adjoining property or right-of-way. j. Off - street loading spaces for the delivery of materials, merchandise, fuel or any similar product shall be located in such a manner that they are completely separate from required customer parking spaces and access drives and aisles thereto. k. The selling, renting or leasing of new and /or used motor vehicles, trailers or recreational vehicles is prohibited. I. Automotive repair work and /or servicing must be performed within an enclosed building or structure. X21" 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. LL3142) 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 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. L 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, pricing, advertising, or signage of any type being placed directly upon or within any motor vehicle or part thereof (i.e., windshield, window, roof, hood, trunk, side panels, etc.) shall be prohibited. However, nothing in this subsection shall be construed to prohibit provision of required vehicular information stickers or labels as may be required by federal, state or other law. p. All motor vehicle sales establishments shall be restricted to U.S. Highway 1 frontage. However, this shall not preclude frontage on additional rights -of -way, provided that ingress and egress within the additional frontage shall be prohibited. Additionally, frontage along additional rights -of -way shall have a 15 -foot buffered landscaped area separating the property from the right -of -way. Required frontage along U.S. Highway 1 shall be required to have a 15 -foot landscaped buffered area separating the property from the U.S. Highway 1 right -of -way. q. Motor vehicle dealers shall be subject to the requirements of article IX, division 2 of this chapter and all other applicable sections of this chapter. r. All vehicle storage areas shall be fenced or walled off. Designated vehicle storage areas shall be contained within the rear yard of the subject property. s. All applicable sign regulations of the village 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. (1 = 41(43) Shopping centers. J1 (l-4) 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. (1 Publicly owned and operated community buildings. JL71 (4.6-} Restaurants, fast food, subject to the following conditions: a. Each drive -up window stacking lane must be clearly designed and marked so as not to conflict or interfere with other vehicle or pedestrian traffic utilizing the site. b. A bypass traffic lane shall be provided if a one -way traffic flow pattern is utilized in the parking lot design. c. All restaurants, fast food, shall be restricted to U.S. Highway 1 frontage. d. A minimum 15 -foot landscape buffer shall be provided at all public road rights -of- way, in addition to the requirements set forth in article IX, division 4 of this chapter. 118) (4-7-) 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. {;b3 Location. No special exception shall be granted for a new adult arcade or to permit the substantial enlargement or transfer of ownership or control of an adult arcade, to be located within 2,500 feet of the property line of a property assigned a land use designation or zoning classification that permits residential uses, another adult arcade, a public or private school, a day care facility, a church or house of worship, a public library, an alcoholic beverage establishment, or a public park. The required 2,500 feet minimum separation shall be measured by drawing a straight line between the nearest point on the perimeter of the property line of the proposed adult arcade use, to the nearest property line of the other existing use. An adult arcade shall not be located within the same development, planned unit development, plaza, shopping center, retail office or industrial park, as any other adult arcade regardless of the separation distances. c. (G) Operational requirements. 1. (44 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. (3} No alcoholic beverages, including beer or wine, may be brought to, sold, distributed, or consumed on the premises of any adult arcade. 4. 44) 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. 4.5) An adult arcade shall not discriminate based upon race, creed, gender, national origin, religion, or physical handicap. 6. (6) The use of gift certificates, gift cards, and /or other similar items of value or cash substitutes are strictly prohibited. 7. M Prizes shall be limited to $5.00 retail value per day, and shall be confined to use on the premises. 8. (-&) All machines and devices must comply with state laws, rules, regulations and prohibitions, pertaining to slot machines, and shall be in full compliance with F.S. § 849.161, as amended. 9. 4-9) 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. 40) The use, operation, or provision of any machine, computer, server, cellular telephone, or wireless, electronic, or other equipment or device, in or upon the premises of any adult arcade, for the purpose of gambling, gaming, wagering, betting, accessing cyber or virtual casinos, Internet gambling websites, lotteries, bingo games, or participating in any way in any other gaming or gambling activities (whether making, transmitting, or receiving bets, wagers, etc.) is strictly prohibited. No owner or operator of any adult arcade shall provide or make available any such equipment for use by its patrons and other persons on the premises, nor shall the owner or operator permit the use of any such device by any person while on the premises. All state of Florida and Federal Internet gaming laws, prohibitions, and statutes, as are adopted and may be amended from time to time, are hereby incorporated by reference into this section. 11. " The violation of any of the provisions of this section shall constitute sufficient grounds for the village council's revocation of the special exception for the adult arcade. d. {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. W Parking. The parking requirements for an adult arcade shall be prescribed in the development order granting the special exception. f. (q 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. {, 4 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. (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. (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. .q W 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 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. 1,44 Proof that the applicant for an occupational license for an adult arcade is at least 21 years of age. 2. 1�9} The name under which the enterprise or business is to be conducted. 3. (3.) The location at which the enterprise or business is to be operated. 4. (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. (5) The number (quantity) of the machines and other such equipment to be located on the premises of the adult arcade. 6. 464 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. (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. N 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. (4-) 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. E-) 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. (3) The applicant shall keep the registered machines, the records of acquisition, location and disposition required by Federal Law, and records of prize awards open to law /code enforcement inspection at any time. i_ 0 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. 444 Disorderly persons. 2. 1?) Gambling or the use of, possession, or presence of gambling paraphernalia, as defined in Chapter 849, Fla. 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. 3.4�3) Intoxicated or substance impaired persons. 4. (4) Loud noise, sounds or music to emanate from the adult arcade, which noise, sounds, or music is disturbing to the surrounding properties. 5. (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. (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. (#4 Property development regulations (see also table inset in section 78 -143. 1. 4,) 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. 12 4 Setbacks. The minimum setback for principal and accessory structures in the C- 2 district shall be as follows: Front yard setback: 25 feet, provided however, that four- and five -story buildings shall provide an additional five feet of setback for each story above 50 feet; Rear yard setback: Ten feet, provided however, that no rear yard setback shall be required if the property abuts a railroad right -of -way or spur track; Side yard setback: Ten feet except a 20 -foot side yard setback shall be required at any intersecting street and where a property is contiguous with any non - commercial zoning district. 3. (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. (4) Open space. The minimum percentage of landscaped open space is 25 percent. (1 Microbrewerv. Section 3: Each and every other section and subsection of Chapter 78. Zoning. shall remain in full force and effect as previously enacted. Section 4: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. Section 5 : Should any Section or provision of this Ordinance or any portion thereof, any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. Section 6: Specific authority is hereby granted to codify this Ordinance. Section 7 : This Ordinance shall become effective immediately upon passage. Upon Second Reading this 14 day of October 2010, the foregoing Ordinance was offered by Council Member Humpage who moved its adoption. The motion was seconded by Council Member Arena and upon being put to a vote, the vote was as follows: For Adoption Against Adoption Mayor Pat Watkins X Vice -Mayor Tom Paterno X Council Member Vince Arena X Council Member Jim Humpage X Council Member Calvin Turnquest X The Mayor thereupon declared the Ordinance duly passed and adopted this 14 day of October, 2010. MAYOR OF TEQUESTA Pat Watkins ATTEST: • .A s� c cst� r �`l cc r v ®� T�;` :`NCR Lori McWilliams, MMC =� SEA( y Village Clerk INCORPORATED 1l A 1 17ia all96 '