HomeMy WebLinkAboutDocumentation_Workshop_Tab 01 _01/25/2006 VILLAGE OF TEQUESTA
INTER-OFFICE MEMORANDUM
To: Mike Couzzo, Village Manager
From: Karen E. Roselli, Planning and Zoning Board Town Attorney
Date: January 24, 2006
Re: Amended Development Standards for "C-2" and "PCD" Zoning Districts
The purpose of this Memorandum is to summarize the draft code amendments to
Chapter 78 of the Village's Zoning Code which were prepared fo�lowing the CounciPs
declaration of Zoning-in-Progress 2005 and are contained in a draft ordinance for the
Village Council's review and consideration.
Section 78-4 �Definitions."�
The following definitions of:
1. basement r� ��.
2. building, height of \
3. floor
4. highest adjacent grade
5. story
6 turret (new definition)
� 7. Appurtenant use (new definition)
have been amended (or added) to this Code section to clarify the intent of the Village
Council in calculating building height.
�
Section 78-143 "Schedule of site requirements"
This Section contains tables summarizing the site requirements in the various
zoning districts, and is the only place in the Code where certain height requirements are
specified. For example, this table currently states that the height limitations in the C-2
districts are 5 stories or 70 feet, but it does not address the possibility of increased building
for a PCD within the C-2.
This table has been amended (in the draft ordinance), to reduce the allowable
building height in the C-2 from 5 stories and 70 feet to 4 stories or 50 feet. In
addition, a provision was added to reduce the permitted height allowed in the PCD of
up to 6 stores or 84 feet to 5 stories or 70 feet. The proposed new heights for the C-2 of
4 stories/50 feet and for the PCD of 5 stories/70 feet, is but one of many different height
requirements or combination of requirements, that the Council may select if a change is
desired, and these heights have been inserted in the draft ordinance for discussion
purposes only.
� �t�� � ��� .
Mike Couzzo, Village Manager �1� �,� ,�-
January 24, 2006 .,� �5 5 „�
Page 2 �t?�) � � 5��
Section 78-177 Permitted buildinq heiqht (in the C-2)
A new subsection (f) was added so that the Code now includes a specific text height
limitation for the C-2 district, and the C-2 height limitation is not just shown in the tabfe in
Section 78-143 anymore. The subsection is consistent with the amended table in Section
78-143, pertaining to the C-2, and provides that the maximum height in the C-2 district,
shall be 4 stories or 50 feet above the average finished grade, provided that the Council
may increase the building height of a building in a PCD which is permitted as a special
exception use in the C-2, of up to 5 stories or 70 feet. Again, these revised heights are
inserted for discussion purposes only, and are but one way to correct the current
inconsistencies in the Code with respect to allowable heights in the C-2 an PCD districts.
Section 78-255 "General requirements and special requlations "(for PCD uses)
Several changes have been made to this Section. First, a minor revision was made
to the lengthy term "planned unit developments" currently used throughout this chapter,
which has been shortened to the abbreviation "PCD" in this section and other sections of
the Code.
More importantly, the current maximum height allowed in a PCD which (at the
discretion of the Council) may be increased up to 6 stories or 84 feet based upon the un-
codified ordinance, has been changed. This height has been reduced for discussion
purposes, from 6 stories/84 feet to 5 stories/70 feef. In addition, 10 criteria have been
added as guidelines for the Council to use when considering whether to grant a request for
an increase in the height to the new maximum height of 5 stories or 70 feet. These
guidelines are similar to the criteria considered when granting a variance or special
exception, and are a legal requirement for the exercise of the Council's discretion in
increasing the building height.
In addition to the height regulations, additional requirements for PCD uses have
been added for your consideration. Many of these regulations were conceptually
discussed at prior meetings, but were never decided upon. Therefore, these provisions are
included in this draft so that the Council can decide which, if any of these provisions, to
include in the PCD regulations. The new provisions include, story height requirements at
the sidewalk level, story height requirements above the sidewalk floor level, provisions
regarding parking garages and meuanines, and permitted building usage on the first story
or sidewalk IeveL
Mike Couzzo, Village Manager
January 24, 2006
Page 3
Certain provisions such as the density and open space requirements were
unnecessarily repeated many times in this Section, and therefore the redundant provisions
were deleted for clarity purposes. The density has not been changed and remains at no
more than 18 dwelling units per gross acre. The open space requirements also remain
unchanged.
Two new provisions in this Section were added. The first provides a minimum floor
area requirement for residential units of 1200 square feet. The second requirement
clarifies and provides for the set back requirements for PCD's, which are the same as for
C-2 district, and which are set forth in the Table in Section 78-143.
Section 78-256 "Propertv development requlations."
Again, the term "planned unit development" was abbreviated in this Section to read
"PCD." Also, a provision was added to prohibit outdoor storage facilities in a PCD.
Redundant provisions regarding density and maximum site coverage which are again
repeated in this Section were deleted.
Section 78-257 "Desiqn criteria."
Again, the term "planned unit development" was abbreviated in this Section to read
"PCD." A new provision was added to prohibit plantings in excess of 2�h' feet in any
visibility triangle,
Section 78-303 "Visibilitv trianqle"
A new Section 78-303 was created to require that visibility triangles of 25 feet in both
directions from the point of intersecting lot lines be maintained at all intersections, and that
plantings in excess of 2�/2' feet in any visibility triangle.
ORDINANCE NO.
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES, CHAPTER 78, ARTICLE I, SECTION 78-4, ENTITLED
��DEFINITIONS" TO CLARIFY THE DEFINITIONS OF �BASEMENT",
�BUILDING HEIGHT", ��HIGHEST ADJACENT GRADE" AND ��STORY"
AND DEFINTIONS FOR ��APPURTENANT USE" AND ��TURRET";
AMENDING CHAPTER 78, ARTICLE VI, DIVISION 2, SECTION 78-143,
ENTITLED ��SCHEDULE OF SITE REQUIREMENTS" TO CLARIFY THE
BUILDING HEIGHT REQUIREMENTS AND MINIMUM LIVING AREA
REQUIREMENTS FOR DWELLING UNITS FOR BUILDINGS IN THE C-2
ZONING DISTRICT AND BUILDINGS IN PLANNED COMMERCIAL
DEVELOPMENTS PERMITTED AS A SPECIAL EXCEPTION USE IN THE
C-2 DISTRICT; AMENDING CHAPTER 78, ,ARTICLE VI , DIVISION 2,
SECTION 78-177, ENTITLED ��C-2 COMMUNITY COMMERCIAL
DISTRICT" TO PROVIDE FOR A MAXIMUM BUILDING HEIGHT IN THE C-
2 ZONING DISTRICT; AMENDING CHAPTER 78, ARTICLE VIII, SECTION
78-255, ENTITLED ��GENERAL REQUIREMENTS AND SPECIAL
REGULATIONS" TO PROVIDE OBJECTIVE STANDARDS AND CRITERIA
FOR THE VILLAGE COUNCIL TO UTILIZE IN DETERMINING WHETHER
TO INCREASE BUILDING HEIGHT IN A PLANNED COMMERCIAL
DEVELOPMENT (��PCD") WHICH IS PERMITTED AS A SPECIAL
EXCEPTION USE WITHIN THE C-2 ZONING DISTRICT, PROVIDING
ADDITIONAL BUILDING HEIGHT AND USE REQUIREMENTS FOR A
PCD, PROVIDING MINIMUM FLOOR AREA REQUIREMENTS FOR
DWELLING UNITS IN A PCD, AND INCORPORATING THE BUILDING
SET-BACK REQUIREMENTS OF THE C-2 ZONING DISTRICT; AND
AMENDING CHAPTER 78, ARTICLE VIII, SECTION 78-256 ENTITLED
��PROPERTY DEVELOPMENT REGULATIONS"; AND CHAPTER 78,
ARTICLE Vill, SECTION 78-257, ENTITLED ��DESIGN CRITERIA" TO
REFER TO A PLANNED COMMERCIAL DEVELOPMENT AS A��PCD";
AMENDING CHAPTER 78, ARTICLE IX, SECTION 78-282 ENTITLED
"STRUCTURES EXEMPT FROM HEIGHT LIMITATIONS" TO INCUDE
TURRETS; CREATING NEW CODE SECTION 78-303 TO BE ENTITLED
��VISIBILITY TRIANGLES;"PROVIDING FOR SEVERABILITY; PROVIDING
FOR CODIFICATION; PROVIDING FOR REPEAL OF LAWS IN
CONFLICT; AND PROVIDING FOR AN EFFECTNE DATE.
WHEREAS, the Viliage of Tequesta, Florida ("Village") is a duly constituted
municipality, having such power and authority conferred upon it by the Florida Constitution
and Chapter 166, Florida Statutes; and
WHEREAS, the Vil(age Council has adopted general provisions pertaining to
zoning and land development regulations, which have been codified at Chapter 78, in
the Village Code of Ordinances; and
WHEREAS, before and at least since early 2005, the Village staff has been
conducting an on-going review, study, and analysis of the codified provisions of the
Village Zoning Code of Ordinances, in order to determine which provisions of the Village's
Code require clarification, amendment, repeal, modification, or revision; and
WHEREAS, Village staff has identified several provisions of the Zoning Code
which require amendment in order to, among other things, clarify certain regulations,
correct inconsistencies, and provide additional regulations to reflect the legislative
intent of the governing body of the Vil�age as presently contained in the Village's Zoning
Code; and
WHEREAS, at a duly noticed public meeting held on September 15, 2005, the
Village Council declared "Zoning-in-Progress," and directed Village staff to bring forward
an ordinance amending various provisions regulating land development in the C-2
zoning district, and the Planned Commercial Development ("PCD") regulations which is
a special exception use allowed in the C-2 zoning district subject to the requirements of
the Village Code, Chapter 78, Article IX, Division 3, and
WHEREAS, Village staff has recommended to the Village Council that
Sections 78-4, 78-143, 78-177, 78-255, 78-256, 78-257, and 78-257 be amended new
Section 78-303 of Chapter 78, be created, among other things, to eliminate
unnecessary provisions, and to revise other provisions in order to clarify the legislative
intent, and to provide requirements which are consistent with other existing Village
Zoning Code provisions; and
WHEREAS, the Village Council has reviewed the recommendations of the
Village staff and has determined that amending Sections 78-4, 78-143, 78-177, 78-
255, 78-256, 78-257, 78-282 and creating new Section 78-303 of the Village's Code of
Ordinances is necessary to further the public's health, safety and welfare.
NOW THEREFORE, BE tT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA:
Section 1. The whereas clauses are hereby incorporated in this Ordinance, as
true and correct as the findings and fact and conclusions of law of the Village Council.
Section 2. Chapter 78, Article I, Section 78-4 entitled "Definitions" of the Code of
Ordinances of the Village of Tequesta is hereby amended to read as follows:
Sec. 78-4 Definitions.
�purtenant use s ubordinate rl less t e rinci al use s ch as an
a urtena ivin enviro
Basement means a story situated under a building, the ceiling of which is entirely
below grade or less than four feet six inches above grade. The basement is not
considered a part of any Iiving area and shall not be used as living area; however a
basement shall not be considered as part of the overall building height.
Building, height of, means the vertical distance measured from the existing averaqe
elevation of the hiqhest adjacent qrade, at the base of the building to the highest
point of the buildinq or roof. ��d �"° "� n°�;,;;�" „„P�c�; s� ��^,��e�c^�
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Heiqht shail be measured to the hiqhest point of the following_
(1) the coping of a flat roof;
(2) the averaqe heiqht fevel between the eaves and roof ridqe or peak with
yable, hip, or qambrel roofs;
(3) deck lines on a mansard roof;
(4) for a roof with equipment which exceeds more than four (4') feet above the
hiqhest point of the roof. Stairways, elevator penthouses, and accessorv
operatinq equipment enclosed within the roofline are excluded, as are screens to
conceal facilities on the roof provided that the screen is not under roof and is
less than 10 feet in heiqht.
. .,
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Highest adjacent grade means the highest natural elevation of the ground surface,
prior to construction, next to the proposed walls of a structure, if the finished rq ade
is level. If the finished qrade is not entirely level, the grade shall be determined by
4
averaginq the elevation of the qround at each face of the buildinq, or as otherwise
determined bv the building official.
Story means that portion of a building included between the upper surface of any
floor and the upper surFace of the floor or roof next above, or if there is no floor
above it, the space between the floor and the ceiling above it. ��^+ +��+ +��
Turret shall mean a little tower
Section 3. Chapter 78, Article VI, Section 78-143, of the Code of Ordinances of
the Village of Tequesta, entitled "Schedule of site requirements" is hereby amended to
read as follows:
Sec. 78-143. Schedule of site requirements.
The following schedule establishes the minimum property and building regulations for
development within the village:
SCHEDULE OF SITE REQUIREMENTS
TABLE INSET: �
� �� �� �
District
� ��� � r�;�"� �-�- a `'�_j.p'� Maximum Minimum living
�` ����� e �''�` � bldg height equirements
5 ft, except 4- 10 ft. � � • �n
10 ft., except 20 ft. at stories/50ft a PCD 1 200
and 5-story however,
C-2 and PCD any intersecting street and 5 stories/ s uare feet er
7,500 75 o buildings none where
s ecial 0/o and where a property 70ft for PCD residential 5%
q. ft. . require an property abuts
xce tion uses additional 5 fee �s contiguous with any railroad right- s ecial dwellin unit
noncommercial district exce tion uses
or each story f-way or spur ,
bove 3.5 5 rack 5 �n the C-2.
5
Section 4. Chapter 78, Article VI, Section 78-177, entitled "C-2 community
commercial district" of the Code of Ordinances of the Viltage of Tequesta, Florida is hereby
amended to add Section 78-177(f) to read as follows:
Sec. 78-177. Permitted buildinq heiqht
(f) The allowable height for buildings in the C-2 zoning district shall be a
maximum of 4 stories or 50 feet above the averaqe finished arade, provided however that
the villaqe council may increase the building height of buildings in a PCD to 5 stories or 70
feet, as permitted bv special exception in a C-2 district, pursuant to Section 78-255(2).
Section 5. Chapter 78, Article VI I I, Section 78-255 entitled "General requirements
and special regulations" of the Code of Ordinances of the Village of Tequesta, Florida is
hereby amended to read as follows:
Sec. 78-255. General requirements and special regulations. The following
general requirements and special regulations shall apply to all PCD's �-r�e�
(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) Permitted building height.
� The allowable heights for buildings in a PCD
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
6
' five stories or 70 feet above the averaqe finished
rq ade. A request that the villaqe council increase the buildinq heiaht in a PCD,
from 5 stories or 70 feet above the average finished qrade, as allowed in the C-2
zoninq district, shall comelv with a maiority of the criteria listed below.
11) The request is consistent with the villaqe's comprehensive plan.
�2) The request is consistent with the purpose and intent of this article.
13) The req,uest supports and furthers the village's goals, objectives, and
policies of a PCD, which include, but are not limited to, the development of
unique commercial areas possessinq architectural significance, the
preservation of existing trees and other natural features on the site, a
reduction in tand consum�tion, the inteqration of open spaces and common
areas within the site, and the establishment of a unique commercial-oriented
focus that is consistent with the needs and values of the village.
(4) The qranting of the request will result in a development that exceeds
one or more of the minimum requirements for PCDs.
L) The request results from innovative design in which other minimum
standards are exceeded.
�6� The request clearly demonstrates the public benefits to be derived.
including but not limited to, the use of desirable architecturai, buildinq, and
site design techniques.
�7) Sufficient screenina and buffering, if required, are provided to screen
adiacent uses from adverse impacts caused bv the request.
7
�8) The request is not based solely or predominantly on economic
reasons.
�9) The reauest will be compatible with existinq and potential land uses
adjacent to the development site.
(10) The request demonstrates that the development will be in harmony
with the eq neral purpose and intent of this article, and will not be injurious to
the area involved, or otherwise detrimental to the public health, safetv, and
welfare.
(b Stories at the sidewalk'1 vel ' hall be no less than twelve 12' feet in hei ht from
finished floor to finished ceilin an h II not exceed sixteen 16' feet in hei ht from
finished floor to finished floor.
c Stories above the first sto hall no less than ten 10' feet in hei ht from
finished floor to finished ceilin and shall t exc ed fourteen 14' in hei ht from finished
floor to finished floor.
d Mezzanines notwithsta.ndin �hte enta e re uirements for a mezzanine
require by the Florida Building �Sode, �hal e counted as a story �'
. ��"�
e Parkin ara es shall be counted as a sto for ur oses of this article.
Parkin ara es shall be meas red in levels. Each arkin ara e level at the fronta e
line s of the buildin shall be e ual to one sto for the ur oses of ineasurin buildin
height•
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(3) Minimum site area. No site shall qualify for a PCD ��e�-se�►e��s+a�
unless the development consists of a contiguous area of at least three acres.
j4) Building use. The sidewalk level story (first storv) and th�e�n�storv of
,
anv buildinq in a PCD shall be limited to permissible commercial uses. Residential dwelling
units if any within any buildinQ in a PCD must be located in stories above the second
storv. Live/work lofts are not permitted in the PCD.
(5) (4� Unity of tit/e. All land included for purpose of development within a PCD
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 PCD and shall state agreement that, if he
proceeds with the proposed development, he will:
c. Bind his development successors in title to any commitments made under
subsections (5) f43-a and b of this section.
,� {�} Configuration of site. Any tract of land for which a PCD �d
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.
j7��C-} Permitted uses. Permitted uses are as follows:
a. Residential uses.
9
1. If residential dwellings are to be constructed as part of a commercial
building in a PCD, the residential dwellinqs shall be located onlv within or as
an integral part of the main buildinqs.
�- 2. Single-family uses as provided for in a PRD.
�. 3 Any uses 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, accessory use, or special exception.
�: 4 Adult congregate living facilities.
�8,� {� Site p/an review. S"fc�
a. The application conte�� d 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.
(� {�- P/atting. Each plat for a PCD shall be
in compliance with the provisions of F.S. chapter 177, and chapter 66.
10 E9-} Development phasing contro/s. 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:
, .
10
�11 �) Area limitations.
a. The following percentages express the maximum area of the PCD
which the specific land uses may occupy:
�
Platted commercial and residential: .8rt� percent of gross land area.
b. All PCDs shall contain areas at least
equal to the following minimum:
Platted open space: �percent of gross land area.
(12-�-1-) Architectural theme. All initial development of a PCD
, or any subsequent phase thereof, shall follow a common architectural theme
throughout the entire development. The theme shall be established during the site plan
review process and then maintained through the development process.
(13 �) Tofa/ residential dwelling unit densitv �sr��e�. For the purpose of
this article, if dwelling units are to be developed as part of a PCD
�e��elep�e�, 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) Maximum site coverape. The total qround floor building area of all roofed
buildinas and struetures shall not exceed 50 percent of the platted commercial and
residential area of the PCD or development phase.
(�) .
11
�-4- 15 Minimum f/oor area per residential dwellina units. The minimum floor area
required for residential dwelling units for anv residenfial component of a PCD shall be
1,200 square feet.
(16) Setbacks. The set back requirements for buildings within a PCD shall be as
provided in section 78-143. If any side or rear yard abuts residential, the villaqe council
may increase the reauired set-back up to ten 10) feet.
Section 6. Chapter 78, Article VI I I, Section 78-256, entitled "Property development
regulations" of the Code of Ordinances of the Village of Tequesta, Florida is hereby
amended to read as follows:
Sec. 78-256. Property development regulations.
Property development regulations for PCD's are
as follows:
(1) Applicability; modifications. As a basis for the preparation of a PCD �ed
application, or any future modification thereof subsequent
to the initial review and approval, the development shall be guided by the
regulations contained in this section along with the site regulations, except for
building or structure height requirements as set forth in section 78-255(2), and the
underlyinq C-2 zoninq district.
. However, as part of the review
and approval process by the village, the village council may modify such regulations
12
for the PCD, provided the spirit and intent of this chapter are complied with in the
total development of the PCD. The village council may, at its discretion, require
adherence to established zoning district requirements within certain portions of the
site if deemed necessary in order to maintain the spirit and intent of this chapter. �#
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(3 3) Site regu/ations for sing/e-family and mu/tiple-family structures.
(43 Commercial and residentia/ design regulations.
e. Outdoor storage. Outdoor storaqe facilities are prohibited in a PCD.
No outdoor storage of inerchandise shall be permitted.
f. Access. Access to commercial facilities shall be from an arterial or
collector which is part of the interior circulation system within the PCD �
. No commerci acility shall maintain
frontage or dir vie�f physical acc on an arterial or collector
� �
bordering or trav'ersing the PCD site.
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Section 7. Chapter 78, Article VI I I, Section 78-257, entitled "Design criteria" of the
Code of Ordinances of the Village of Tequesta, Florida is hereby amended to read as
follows
Sec. 78-257. Design criteria.
All PCD's shall observe and accommodate in
the design solution the following objectives and requirements:
(2) Access and circulation.
a. Principal vehicular access points in a PCD.
�evele�er� shall be designed to encourage smooth traffic flow and
minimize hazards to vehicularor pedestrian traffic. Merging and turning lanes
and traffic medians shall be required where existing and anticipated heavy
traffic flows indicate needed controls. Minor streets within the PCD shall not
connect with minor streets in adjacent developments in such a way so as to
encourage through traffic. In addition, visibility triangles of 25 feet in both
directions from the point of intersecfing lot lines shall be maintained at all
intersections. Plantinqs shall be not exceed two and one-half feet (2 %z') in
any visibility trian Iq es.
(3) Garbage and refuse collection.
� a. Outdoor collection stations shall be provided in a PCD �Ia-r�ed
for garbage and trash removal when individual
collection is not made and indoor storage is not provided.
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Section 8. Chapter 78, Article IX, Section 78-282, entitled "Structures exempt from
height limitations" of the Code of Ordinances of the Village of Tequesta, Florida is hereby
amended to read as follows:
Sec. 78-282. Structures exempt from height limitations.
Chimneys, water tanks, elevator lofts, church spires, flagpoles, aad--parapet walls and
turrets may be erected above the height limits established by this chapter.
Section 9. Chapter 78, Article IX, Section 78-303 is hereby created to read as
follows: "Visibility triangles" of the Code of Ordinances of the Village of Tequesta, Florida is
hereby amended to read as follows: ��
,��" '
Sec.78-303. Visibilit trian les. ! � �� �
v a �
�,��
Visibilitv trianqles of twenty-five feet (25') in both directions from the point of intersectinq lot
lines shall be maintained at all intersections. Plantinqs shall not exceed two and one-haff
feet (2 %') in height in a visibility trianqle.
Section 10. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portions thereof.
Section 11 . Repeal of Laws in Conflict. All ordinances or parts of ordinances in
conflict herewith are hereby repealed to the extent of such conflict.
Section 12. Codification. The sections of the Ordinance may be made a part of
the Village Code of Laws and Ordinances and may be renumbered or re-lettered to
15
accomplish such, and the word "ordinance" may be changed to "section," "articie," or any
other appropriate word.
Section 13. Effective Date. This Ordinance shall take effect immediately upon
adoption.
F:\13153-1�Zoning In Progress Review\TequestaPCDregs012406 (2).doc
16
� 78-176 TEQUESTA CODE
stations and any other use normally ap- convenience store closes on
purtenant thereto, libraries and govern- a permanent basis by 11:00
mental facilities. p.m. or does not sell beer
(2) Shopping centers. or wine for consumption
off-premises.
(3) Convenience store without fuel sales and 2. The convenience store may be
dispensing facilities, provided: equipped with a silent alarm
a. The proposed site shall meet or ex- connected to the police depart-
ceed the landscaping found in article ment.
IX, division 4 of this chapter.
g. The proposed convenience store shall
b. The proposed store shall be free of not have as a part of its operation
all obstructions of view from the coin-operated amusement devices.
adjacent street to the main store
windows giving a clear and unob- (4) Restaurants, carryout.
structed view of the cashier's sta- (e) Prohibited uses and structures. The follow-
tion. ing uses and structures are prohibited in the C-1
c. The proposed store shall incorporate district:
into its construction and operation � use or structure not specifically or by
fire protection devices as required by reasonable implication permitted in this
the county fire-rescue department. section as a permitted use, accessory use
d. The proposed store shall have ade- or permissible by special exception.
quate on-site lighting that illumi- (Code 1977, app. A, § VII(D)(5))
nates all parking and loading areas.
e. No convenience store shall be lo- Sec. 78-177. C-2 community commercial dis-
cated within 1,500 feet of any other trict.
convenience store. For the purposes
of this subsection, all measurements (a) Purpose. It is the purpose and intent of the
of distances shall be along a straight C-2 community commercial district to provide
airline route from the nearest point lands within the village as depicted on the official
on any property line to the nearest zoning map for the development of commercial
point on any property line of any activities with a location convenient to U.S. High-
property used as a convenience store. �"�ay 1 automotive tr�c. This district will serve
the community at large and provide a mixture of
f. The proposed convenience store shall convenience goods and services that offers a greater
have appropriate security systems to variety of uses than permitted at neighborhood
include, but not be limited to, the level.
following:
1. Convenience store uses shall be (b) Permitted uses. Permitted uses in the C-2
equipped with cameras with district are as follows:
video retrieval capabilities. (1) Retail sales and services.
i. This requirement shall be �2� Business services.
exempted if the conve-
nience store employs two (3) Professional services.
or more employees at the �4� personal services.
same time between the
hours of 11:00 p.m. and (5) Restaurants.
7:00 a.m.
ii. This requirement shall �6) Bakery.
also be exempted if the (7) Dry cleaning and laundry establishments.
CD78:48
ZONING § 78-17�
(c) Accessory uses. Accessory uses allowed in e. No portable heaters or other danger-
the C-2 district are as follows: ous appliances shall be used in such
Any accessory use customarily incidental facilities.
to a permitted use. f. All facilities shall conform to appli-
(d) Special exception uses. Special exception cable village codes and ordinances,
uses in the C-2 district are as follows: including building, electric, plumb-
ing, fire prevention and state depart-
(1) Public utility structures and buildings ment of insurance minimum fire
such as water pumping plants, water treat- safety standards for adult congre-
ment plants, sewage plant lift stations, gate living facilities.
electric substations, and police and fire
stations and any other use normally ap- g. No building permits shall be issued
purtenant thereto, libraries and govern- unless a license has first been ob-
mental facilities. tained from the state department of
health and rehabilitative services and
(2) Community television antenna and other any other permitting agency as re-
type of antenna used in the broadcasting quired by law, including the provi-
industry and buildings and improvements sions of this chapter.
appurtenant to these uses.
(3) Planned commercial development (sub- h. The applicant shall provide transpor-
ject to the provisions of article VIII of this tation to the facility in a form and
chapter). manner acceptable to the village coun-
cil.
(4) Adult congregate living facility (ACLF) i. The residence may have individual
� (subject to the provisions of article VIII of
kitchen facilities in addition to the
this chapter), provided: central kitchen and/or facility which
a. An adult congregate living facility shall be provided for the residents of
shall contain an extended care facil- the entireACLF. Such central kitchen
ity as a component of the develop- dining shall provide at least two
ment in order to be deemed an adult meals per day to the residents of the
congregate living facility. facility.
b. The mini.mum site for an adult con- �. � application for special exception
gregate living facility life care and for each such facility shall contain a
extended care shall be two acres. �narket analysis which demonstrates
c. All adult congregate living facilities the viability and need for the facility
and egtended care facilities shall pra to be built or established at the pro-
vide sufficient staff to operate the posed location set forth within the
facility in a proper manner as re- application. For these purposes, the
quired by the minimum standards of market analysis shall contain, but
the state department of health and not be limited to, the following deter-
rehabilitative services, and shall pro- minations:
vide facilities which meet the physi- 1. Determination of the service
cal, recreational, emotional, and sa area of the proposed facility.
cial life needs of the residents of the
facility. 2. Determination of the service
d. All facilities containing more than area population, present and
one story shall have an elevator large future.
enough to carry a stretcher. 3. Statement of need.
CD78:49
'' �8-177 TEQUESTA CODE
k. Maximum residential density is as f. No convenience store shall be lo-
follows: cated within 1,500 feet of any other
1. Adult congregate living facili- convenience store. For the purposes
ties: Facilities wherein each sep- of this subsection, all measurements
arate room or group of rooms is of distance shall be along a straight
designed or intended for use as airline route from the nearest point
a residence by an individual or on any property line of any property
family. The maximum allow- used as a convenience store.
able density for such facilities 1. The proposed convenience store
may be up to, but not egceed- shall have appropriate security
ing, 24 units per net acre. systems to include, but not be
2. Extended care facilities: Facili- limited to, the following:
ties wherein beds are provided
for residents in the nature of a 2. Convenience store uses shall be
nursing or convalescent home. equipped with cameras with
Each bed shall be equal to one- video retrieval capabilities.
quarter dwelling unit. i. This requirement shall be
(5) Theaters. exempted if the conve-
nience store employs two
a. All presentations, shows and events or more employees at the
shall be conducted entirely within a same time between the
building. hours of 11:00 p.m. and
b. No presentations, shows or events 7:00 a.m.
shall be started af�er 11:00 p.m. u. This requirement shall
(6) Indoor amusements (bowling, pool, bil- also be exempted if the
liards, video game arcade and similar convenience store closes on .
amusements). a permanent basis by 11:00
(7) Restaurant p•m. or does not sell beer
, carryout. or wine for consumption
a. Convenience store without fuel sales off-premises.
and dispensing facilities, provided: 3. The convenience store may be
b. The proposed site shall meet or ex- equipped with a silent alarxn
ceed the landscaping found in the connected to the police depart-
article IX, division 4 of this chapter. ment.
c. The proposed store shall be free of g: The proposed convenience store shall
all obstructions of view from the not have as a part of its operation
adjacent street to the main store coin-operated amusement devices.
windows giving a clear and unob-
structed view of the cashier's sta- (8) �'�vate clubs.
tion. a. Sleeping facilities shall be prohib-
d. The proposed store shall incorporate ited.
into its construction and operation
fire protection devices as required by b• Such use shall be operated for the
the county fire-rescue department. benefit of inembers only and not as a
business concern and not open to the
e. The proposed store shall have ade- general public.
quate on-site lighting that illumi-
nates all parking and loading areas. (9) Libraries, art galleries and museums.
CD78:50
ZONING § 78-17'
(10) Full-service fuel station or gas station, building canopies shall provide a min-
provided: imum setback of 25 feet from any
a. Full-service fuel stations or gas sta- adjoining property or right-of-way.
tions shall be located fronting along �• Off-street loading spaces for the de-
U.S. Highway 1. livery of materials, merchandise, fuel
or any similar product shall be lo-
b. Full-service fuel stations or gas sta- cated in such a manner that they are
tions shall be located a minimum of completely separate from required
500 lineal feet from existing or pre- customer parking apaces and access
viously approved stations. drives and aisles thereto.
c. There shall be a main building set- k. The selling, renting or leasing of new
back from all right-of-way lines of 40 andlor used motor vehicles, trailers
feet. or recreational vehicles is prohib-
ited.
d. Main and accessory buildings shall
be lceated a minimum of 50 feet from 1. Automotive repair work and/or ser-
any residential district. vicing must be performed within an
enclosed building or structure.
e. A minimuxn six inches in height raised
curb shall be required at all right-of- (11) Hotels, subject to the following condi-
way lines, except at approved access tions:
driveway openings. a. All rooms shall be designed to be
entered from enclosed interior corri•
f. Curb openings and access driveway dors.
widths and locations shall meet the
requirements of article X of this chap- b. All rooms providing glass sliding
ter, except as provided for in subsec- doors at firs�floor grade level shall
tion (dx11)g of this section. Curb face an interior courtyard.
openings shall be limited to two per c. Accessory uses shall be allowed, such
street frontage. as swimming pools, spas, cabanas,
g. Where two curb openings are provid- saunas, tennis courts, clubhouses,
ing access to a single street, they gazebos, utility buildings, restau-
shall be separated by an approved rants and any other similar use
landscape island, ten feet in width deemed appropriate by the building
and 25 feet in length at the right-of- official.
way line. Curb cuts for access drive- d. Accessory uses shall be allowed, such
ways shall be located a minimum of as shops for the reta.il sale of flowers,
ten feet from any adjoining property sundries, newspapers and books, jew-
line. elry, gifts, sportswear and clothing,
art and similar items, and barber-
h. Zb ensure that sufficient room be shops or beauty shops, subject to
provided on either side of the fuel these uses being located within a
pumps without intruding upon side- main building. The primary cus-
walks or upon adjoining property, tomer entry shall be from within a
fuel pumps shall be located a mini- main building with no exterior entry,
� mum of 50 feet from any adjoining except a secondary entry may be
property and a minimum of 25 feet allowed from an interior courtyard.
from any street property line.
e. All recreational accessory uses, sucl�
. i. All tanks, vents, pump islands and as a swimming pool, spa, tennis court,
pump island or main and accessory clubhouse, sauna and exercise room,
CD78:51
� 78-177 TEQUESTA CODE
shall be located within a main build- the parking of motor vehicles to be
ing or within an interior courtyard. sold, rented, or serviced, there shall
The primary customer entry shall be be no outside storage of any kind.
from within a main building with no f The business of the sale, brokerage,
exterior entry, egcept a secondary and rental of vehicles is only to be
entry may be allowed from an inte- conducted within an enclosed show-
rior courtyard. room. Outdoor vehicular parking is
f. Hotels shall be subject to the require- for customers, display and storage
ments of section 78-291 and all other purposes only. The dealership must
applicable sections of this chapter. maintain a valid license with the
(12) Motor vehicle dealers, subject to the fol- state department of motor vehicles
lowing conditions:
at all times.
g. The site plan for proposed motor
a. Size shall be regulated with a mixu- vehicle dealer establishments shall
mum of two acres and a magimum of include, but not be limited to, the
eight acres. Motor vehicle dealer es- following:
tablishments shall be prohibited from
locating within 1,000 lineal feet of 1• Delineation of the customer
an e�sting or previously approved parking area and the configu-
motor vehicle dealer establishment ration of the parking spaces for
within the village. the customer parking area.
b. Hours and days of operation shall be 2• Delineation of an employee
restricted as follows: parking area and the configu-
ration of the parking spaces for
1. �,venty-four-hour operation is the employee parking area.
prohibited. 3. Delineation of the required en-
2. Specific closing no later than closed vehicle showroom build-
9:00 p.m. �
3. Sunday operating hours lim- 4. Delineation.of an acceptable out-
ited to 11:00 a.m. to 6:00 p.m. door vehicle display area and
4. No opening for business on Mon- the configuration of the park-
day through Saturday before ing spaces for the display area.
7:00 a.m. 5. Delineation of any proposed ve-
c. The use of banners, flags, streamers, hicle storage area.
balloons or any similar device shall h. Motor vehicle dealers shall be re-
be prohibited. The use of the Ameri- quired to provide a vehicle show-
can flag shall be restricted to no room building of no less than 3,000
more than one American flag not to gross square feet in area.
egceed five feet by eight feet, flown i. Major and minor repair activities
from a standard flagpole. shall only be accessory uses to the
d. All customer servicing, including , principal use. Major and minor re-
washing, waxing and. cleaning, and pair activities are as defined in this
repair of motor vehicles, shall be chapter. Paint and body shop activi-
conducted within completely enclosed ties or facilities shall be prohibited.
buildings. All "tent" sales, as well as all "tele-
J•
e. All parts, supplies and materials shall thon," "marathon," "24 hours," etc.,
be located or stored . within com- sales efforts or campaigns of any �
pletely enclosed buildings. Except for type, shall be prohibitecl.
CD78:52
ZONING § 78-1'
k. The use of spotlights, skylights, division 2 of this chapter and all
searchlights, or other similar high other applicable sections of this chap-
intensity illumination lighting shall ter.
be prohibited.
r. All vehicle storage areas shall be
1. All artificial lighting used to illumi- fenced or walled off. Designated ve-
nate the premises shall be directed hicle storage areas shall be con-
away from adjacent or abutting prop- tained within the rear yard of the
erties, streets, alleys, or roadways,
illumin.ating only the subject site. subject property.
m. All radio, television, or other similar s. All applicable sign regulations of the
media broadcast from anywhere on village shall be applied and met.
the premises shall be prohibited. t. The use shall strictly conform with
n. Any use of animated or mechanical the village landscape regulations, ar-
animal, clown, etc., devices, also, any- ticle IX, division 4 of this chapter.
one carrying sales signs, advertis- Additionally, 15 percent minimum of
ing, or placards of any kind, from the entire site shall be devoted to
anywhere on or adjacent to the pre- living landscaping.
mises shall be prohibited.
u. The entire site shall be hedged, land-
o. All writing, lettering, pricing, adver- scaped, buffered and irrigated in ac-
tising, or signage of any type being cordance with village landscape reg-
placed directly upon or within any ulations, article IX, division 4 of th�
motor vehicle or part thereof (i.e., chapter.
windshield, window, roof, hood, trunk,
side panels, etc.) shall be prohibited. v The use of raised or open hoods,
However, nothing in this subsection trunks and doors for advertisement
shall be construed to prohibit provi- or attention seeking purposes shall
sion of required vehicular informa- be prohibited. Utilization of unusual
tion stickers or labels as may be parking alignments such as "back
required by federal, state or other end first" configurations for adver-
law. tisement or attention seeking pur-
p. All motor vehicle sales establish- poses shall also be prohibited.
ments shall be restricted to U.S. W, Stormwater runoff must be retained
Highway 1 frontage. However, this on-site in accordance with South Flor-
shall not preclude frontage on addi- ida Water Management District
tional rights-of-way, provided that guidelines. All motor vehicle sales
ingress and egress within the addi- establishments must provide on-site
tional frontage shall be prohibited. waste retention facilities for chemi-
Additionally, frontage along addi- cal and petroleum products.
tional rights-of-way shall have a 15-
foot buffered landscaped area sepa- g. No outdoor public address or paging
rating the property from the right- system of any kind shall be permit-
of-way. Required frontage along U.S. ted at any motor vehicle sales estab-
Highway 1 shall be required to have lishment.
a 15-foot landscaped buffered area y �l vehicles for sale, rental or dis-
separating the property from the U.S. play, not located within an enclosed
Highway 1 right-of-way. structure, must be parked at grade
q. Motor vehicle dealers shall be sub-
ject to the requirements of article IX, (13) Shopping centers.
CD78:53
78-177 TEQUESTA CODE
(14) Churches, subject to the following condi- ment of a general variety of commercial uses
tions: which provide a wide range of goods and services.
a. The minimum lot size shall be five (b) Permitted uses. Permitted uses in the C-3
acres under unity of title, the sole district are as follows:
use thereof to be for church use. �1) Retail sales and services.
b. Churches shall be within a freestand-
ing bui.lding. (2) Business services.
c. Churches shall be prohibited within (3) Professional sexvices.
a shopping center, mall, storefront or (4) Personal services.
other retail facility. (5) Retail package liquors, cocktail lounges
(15) Publicly owned and operated community and bars.
buildings.
(6) Restaurants.
(16) Restaurants, fast food, subject to the fol- .
lowing conditions:
(7) Nurseries.
a. Each drive-up window stacking lane �8� �orists.
must be clearly designed and marked (9) Printing establishments.
so as not to conflict or interfere with (10) Carwash.
other vehicle or pedestrian tra£fic
utilizing the site. (11) Bakery.
b. A bypass traffic lane shall be pro- (12) Automotive repair establishments.
vided if a one-way traffic flow pat- (13) Dry cleaning and laundry establishments.
tern is utilized in the parking lot
design. (14) Wholesale establishments.
c. All restaurants, fast food, shall be (15) General service and repair establish-
restricted to U.S. Highway 1 front- ments.
age. (16) Motor vehicle dealers, subject to the fol-
d. A minimum 15-foot landscape buffer lowing conditions:
shall be provided at all public road a. Size shall be regulated with a mini-
rights-of-way, in addition to the re- mum of two acres and a magimum of
quirements set forth in article IX, five acres. Motor vehicle dealer es-
division 4 of this chapter. tablishments shall be prohibited from �
(e) Prohibited uses and structures. The follow- locating within 1,000 lineal feet of
ing uses and structwres are prohibited in the C-2 an existing or previously approved
district: motor vehicle dealer establishment
within the jurisdictional boundaries
Any use or structure not specifically or by of the village.
reasonable implication permitted in this
section as a permitted use, accessory use b. Hours and days of operation shall be
or permissible by special exception. restricted as follows:
(Code 1977, app. A, § VII(D)(6)) 1. No 24-hour operation.
2. Specific closing no later than
Sec. 78-178. C-3 general commercial district. 9:00 p.m.
(a) Purpose. It is the purpose and intent of the 3. Must remain closed on Sun-
� general commercial district to provide lands days.
.,hin the village as depicted on the official 4. No opening for business before
zoning map and thereby encourage the develop- 7:00 a.m.
CD78:54
ZONING § 78-1'
c. The use of banners, flags, streamers, 2. Delineation of an employee
balloons or any similar device shall parking azea and the configu-
be prohibited. The use of the Ameri- ration of the parking spaces for
can flag shall be restricted to no the employee paxking area.
more than one American flag not to 3. Delineation of the required en-
exceed five feet by eight feet, flown closed new vehicle showroom
from a standard flagpole. building.
d. All customer servicing, including 4. Delineation of an acceptable out-
washing, waxing and cleaning, and door vehicle display area and
repair of motor vehicles, shall be the configuration of the park-
conducted within completely enclosed ing spaces for the display area.
buildings.
e. All parts, supplies and materials shall 5. Delineation of any proposed ve-
be located or stored within com- hicle storage area.
pletely enclosed buildings. Except for h. No more than 50 percent of the re-
the parking of the motor vehicles to quired designated outdoor vehicle dis-
be sold, rented, or serviced, there play area may be utilized for the
shall be no outside storage of any display of used motor vehicles.
� i. Motor vehicle dealers shall be re-
f. The sale or rental of used motor quired to provide a new vehicle show-
vehicles shall only be an accessory to room building of no less than 3,000
the principal use of the building, gross square feet.
land area or premises. The sale or �. p� "tent" sales, as well as all "telE
rental of used motor vehicles as the
principal primary purpose or func- thon," "marathon," "24 hours," etc.,
tion for which any building, land sales efforts or campaigns of any
area or premises is utilized shall be type shall be prohibited.
prohibited. The motor vehicle dealer k. The use of spotlights, skylights,
must be in possession of a state searchlights, or other similar high
department of motor vehicles fran- intensity illumination lighting shall
chised dealer license prior to the be prohibited.
opening of the facility. The certifi- 1. All artificial lighting used to illuxni-
cate of cecupancy for the motor vehi- nate the premises shall be directed
cle dealer establishment shall be con- away from adjacent or abutting prop-
ditioned by the requirement that the erties, streets, alleys, or roadways,
motor vehicle dealer establishment illuminating only the subject site.
ownership be in possession of a state m. All radio, television, or other similar
department of motor vehicles fran- �edia broadcast from anywhere on
chised motor vehicle dealer license the premises shall be prohibited.
for the site of the motor vehicle dealer
establishment prior to opening for n. Any use of animated or mechanical
business. animal, clown, etc., devices, also, any-
g. The site plan for proposed motor one carrying sales signs, advertis-
vehicle dealer establishments shall ing, or placards of any kind, from
include, but not be limited to, the anywhere on or adjacent to the pre-
following: mises shall be prohibited.
1. Delineation of the customer o. All writing, lettering, pricing, adver-
parking area and the configu- tising, or signage of any type bein�
ration of the parking spaces for placed directly upon or within any
- the customer parking area. motor vehicle or part thereof (i.e.,
CD78:55
78-178 TEQLTESTA CODE
windshield, window, roof, hood, trunk, establishments must provide on-site
side panels, etc.) shall be prohibited. waste retention facilities for chemi-
However, nothing in this subsection cal and petroleum products.
shall be construed to prohibit provi- w. No outdoor public address or paging
sion of required vehicular informa- system of any kind shall be permit-
tion stickers or labels as may be ted at any motor vehicle sales estab-
required by federal, state or other lishment.
law.
x. All vehicles for sale, rental or dis-
p. Motor vehicle dealers shall be sub- play, not located within an enclosed
ject to the requirements of article IX, structure, must be parked at grade.
division 2 of this chapter and all
other applicable sections of this chap- (c) Accessory uses. Accessory uses allowed in
ter. the C-3 district are as follows:
q. All vehicle storage areas shall be �Y accessory use customarily incidental
fenced or walled off. Designated ve- � a permitted use.
hicle storage areas shall be con- (d) Special exception uses. Special e$ception
tained within the rear yard of the uses in the C-3 district are as follows:
subject property.
(1) Public utility structures and buildings
r. All applicable sign regulations of the such as water pumping plants, water treat-
village shall be applied and met. ment plants, sewage plant lift stations,
s. The use shall strictly conform with electric substations, and police and fire
the village landscape regulations, ar- stations and any other use normally ap-
ticle IX, division 4 of this chapter. purtenant thereto, libraries and govern-
Additionally,l5 percent minimum of inental facilities.
the entire site shall be devoted to (2) private clubs.
living landscaping.
a. Sleeping facilities shall be prohib-
t. The entire site shaIl be hedged, land- ited.
scaped, buffered and irrigated in ac- b. Such use shall be operated for the
cordance with village landscape reg- benefit of inembers only and not as a
ulatioris, article IX, division 4 of this business concern.
chapter. Additionally, a 15-foot buff-
ered landscaped area separating the (3) Theaters.
front yard of the property from abut- a. All presentations, shows and events
ting right-of-way shall be required. shall be conducted entirely within a
u. The use of raised or open hoods, b��g•
trunks and doors for advertisement b. No presentations, shows or events
or attention seeking purposes shall shall be started after 11:00 p.m.
be prohibited. Utilization of unusual
parking alignments such as "back (4) Full-service fuel station or gas station,
end first" configurations for adver- provided:
tisement or attention seeking pur- a. There shall be a main building set-
poses shall also be prohibited. back from all right-of-way lines of 40
v Stormwater runoff must be retained feet.
on-site in accordance with South Flor- b. Main and accessory buildings shall
ida Water Management District be located a minimum of 50 feet from
guidelines. All motor vehicle sales any residential district. ,
CD78:56
ZONING § 78-17
c. Aminimum six inches in height raised k. No body damaged vehicle or vehicle
curb shall be required at all right-of- components of any kind or condition
way lines, except at approved access shall be exposed to view from a pub-
driveway openings. lic road right-of-way.
d. Curb openings and access driveway (5) Convenience store, provided:
widths and locations shall meet the a. The proposed convenience store shall
requirements of article X of this chap- be subj ect to all special require-
ter, egcept as provided for in subsec- ments for fuel dispensing businesses
tion (dX4� of this section. Curb open- if the proposed store is to include
ings shall be limited to two per street such use.
frontage.
e. Where two curb openings are provid- b. The proposed site shall meet or ex-
ing access to a single street, they ceed the landscaping found in article
shall be separated by an approved ���sion 4 of this chapter.
landscape island, ten feet in width c. The proposed store shall be free of
and 25 feet in length at the right-of- all obstructions of view from the
way line. Curb cuts for access drive- adjacent street to the main store
ways shall be located a minimum of windows giving a clear and unob-
ten feet from any adjoining property structed view of the cashier's sta-
� tion, including obstructions of land-
f. Zb ensure that sufficient room be scaping and fuel service islands.
provided on either side of the fuel d. The proposed store shall incorporatF
pumps without intruding upon side- into its construction and operatioi
� walks or upon adjoining property, fire protection devices as required by
fuel pumps shall be located a mini- the county fire-rescue department.
mum of 50 feet from any adjoining e. The proposed store shall have ade-
property and a minimum of 25 feet quate on-site lighting that illumi-
&om any street property line. nates all parking, loading and fuel
g. All tanks, vents, pump islands and service islands.
pump island or main and accessory f. No convenience store shall be lo-
building canopies shall provide a min- cated within 1,500 feet of any other
imum setback of 25 feet &om any convenience store. For the purposes
adjoining property or right-of-way. of this subsection, all measurements
h. Off-street loading spaces for the de- of distances shall be along a straight
livery of materials, merchandise, fuel airline route from the nearest point
or any similar product shall be lo- on any property line to the nearest
cated in such a manner that they are point on any property line of any
completely separate from required property used as a convenience store.
customer parking spaces and access g, The proposed convenience store shall
drives and aisles thereto. have appropriate security systems to
i. The selling, renting or leasing of new include, but not be limited to, the
and/or used motor vehicles, trailers following:
or recreational vehicles is prohib- 1. Convenience store uses shall be
ited. equipped with cameras with
j. All oil drainage pits, hydraulic lifts video retrieval capabilities.
and mechanical repair work shall be i. This requirement shall bF
located and conducted within an en- exempted if the conve-
closed building or structure. nience store employs two
CD78:57
78-178 TEQUESTA CODE
or more employees at the Sec. 78-179. R/OP recreation/open space dis-
same time between the trict.
hours of 11:00 p.m. and �a) Purpose. The purpose and intent of the
7:00 a.m. R/OP recreation/open space district is to establish
ii. This requirement shall �a protect certain areas which meet the recre-
also be egempted if the ational needs of village residents which conserve
convenience store closes on certain environmentally sensitive areas, and which
a permanent basis by 11:00 permit limited recreational uses while conserving
p.m. or does not sell beer the environment and natural features of those
or wine for consumption �eas.
off-premises.
2. The convenience store may be (b) Permitted uses. Permitted uses in the RlOP
equipped with a silent alarm district axe as follows:
connected to the police depart- (1) Golf courses.
ment. (2) Neighborhood and community public rec-
h. The proposed convenience store shall reational facilities.
not have as a part of its operation (3) Cultural and civic centers.
coin-operated amusement devices.
(6) Community television antennas and other �4) Conservation areas.
type of antennas used in the broadcast (5) Access easements.
industry and buildings and improvements (6) Other similar recreational uses.
appurtenant to such uses.
(c) Accessory uses. Accessory uses allowed in
(7) Indoor amusements (bowling, pool, bil- the RIOP district are as follows:
liards, video game arcade and sirn.ilar � accessory use customarily incidental
amusements). to a permitted use.
{8) Drive-in/fast food/carryout restaurants.
(d) Special exception uses. Special egceptions
a. Each drive-in stacking lane must be are required for all permitted and accessory uses
clearly defined and designed so as in the R/OP district.
not to conflict or interfere with other
vehicle or pedestrian traf�ic utilizing (e) Prohibited uses and structures. The follow-
the site. ing uses and structures are prohibited in the
RJOP district:
b. A bypass lane shall be provided if a � use or structure not specifically or by
one-way traffic flow pattern is uti- reasonable implication permitted in this
lized in the parking lot. section as a permitted use, accessory use
(9) Automotive repair establishments (major or permissible by special exception.
or minor). (Code 1977, app. A, § VII(D)(8))
(10) Shopping centers. � Sec. 78-180. MLT miged-use district.
(e) Prohibited uses and structures. The follow- (a) Purpose. The purpose and intent of the MU
ing uses and structures are prohibited in the C-3 mixed-use district is to establish a village center
district: which creates a vital, diverse core for the princi-
Any use or structure not specifically or by ples which utilize mixed-use development con-
reasonable implication permitted in this cepts and which permit a combination of usually
section as a permitted use, accessory use separated uses within a unified development dis-
or permissible by special exception. trict area. Natural features should be enhanced �
(Code 1977, app. A, § VII(D)(7)) and environmental conditions carefully assessed.
CD78:58
ZONING § 78-18
Commercial uses are intended to be limited to (d) General requirements and special regula-
specialty small scale retail sales and services, tions. The following general requirements and
business services and professional services prima- special regulations shall apply to planned mixed-
rily designed to serve residential neighborhoods use development within the mi�ced-use district:
of the village. Orientation to and compatibility
with neighborhoods to be served are essential. �1) Location. A planned mixed-use develop-
Residential uses are intended to encourage the ment is permitted only in the special
accomplishment of a more complete residential Planning district identified by Policy 1.12.1
living environment through the application of of the Future Land Use Element, as des-
imaginative approaches to community develop- ignated on the future land use map con-
ment which establish nei hborhood identit and tained within the village comprehensive
g 3' development plan and as identified on the
focus consistent with values of the village. It is village comprehensive zoning map as dis-
further the purpose and intent of this area to trict Mi7.
provide lands for a range of residential uses from
lower density single-family to higher density res- (2) Configuration of site. Any tract of land for
idential uses. �affic circulation should not only which a planned mixed-use development
accommodate vehicular traf�ic, but provide for the application is made shall contain suffi-
efi"xcient movement of pedestrian and bicycle traf- cient width, depth, and frontage on a
fic. publicly dedicated arterial or major street
or appropriate access thereto to ade-
quately accommodate its proposed use
(b) Applicability of development regulations to and design.
mixed-use development. Although mixed-use de-
velopment produced in compliance with the pro- �3) Unity of title. All land included for pur•
visions and requirements of this section and other pose of development within a planned
regulations as set forth and detailed in this chap- �ged-use development shall be under
ter may depart from the strict application of unity of title of the petitioner for such
property development regulations expressed in zoning designation, whether .that peti-
this chapter, such developments are to be in tioner. be an individual, partnership or
compliance with the village comprehensive devel- corporation, or a group of individuals,
partnerships or corporations. The peti-
opment plan and platted of record in accordance tioner shall present firm evidence of the
with the procedures for approval of subdivision unity of title of the entire area within the
plats in chapter 66. The mixed-use development proposed planned mixed-use development
provisions set forth in this section shall be uti- and shall state agreement that, if he pro-
lized in the review of all future development ceeds with the proposed development, he
proposals for the special planning azea as identi- will:
fied in Policy 1.12.1 of the Future Land Use
Element, as designated on the future land use a. Do so in accord with the officially
map contained in the village comprehensive de- approved site plan of the develop-
velopment plan and as identified on the village ment, and such other conditions or
comprehensive zoning map as district MLT. modifications as may be attached to
the approval.
b. Provide agreements, covenants, con-
(c) Conflicts with other regulations. Where con- tracts, deed restrictions or sureties
flicts e�cist between the miged-use district special acceptable to the village for comple-
regulations in this section and general zoning, tion of the undertaking in accor-
subdivision and other applicable ordinance provi- dance with the approved site plan ar
sions, the special regulations in this section shall well as for the continuing operatiox.
apply. and maintenance of such areas, func-
CD78:59
� 78-180 TEQLTESTA CODE
tions, and facilities as aze not to be (6) That streets are designed and act as amen-
provided, operated or maintained at ities to the development and as quality
general public egpense. public space.
c. Bind his development successors in (g) Urban design objectives. The following ur-
title to any commitments made un- ban design objectives shall be considered as guide-
der subsections (d)(3)a and b of this lines in all development proposals of the mixed-
section. use district:
(4) Density. For the purpose of this section, if (1) To bring many of the activities of daily
dwelling units are to be developed as part living, including dwelling, shopping and
of a proposed development within the other activities, within walking distance.
miged-use district, the total number of �2) 7.b reduce the number and length of auto-
dwelling units permitted in the miged-use mobile trips to relieve traffic congestion.
district shall be computed on the basis of
18 dwelling units per gross acre for all (3) 1b provide internal vehicular circulation
residential uses, with the exception of to relieve traffic impact on arterial roads.
ACLFs, which shall be computed on the �4) 7.b provide defined.public spaces and streets
basis of 24 dwelling units per gross acre. that allow the citizens to observe and
(5) Building height. The maximum building watch over the collective security.
height allowed shall be six stories or 84 �5) Zb provide sites for civic buildings.
feet above average finish grade.
(6) 7.b provide flexibility for the development
(e) Site plan review. In adherence to Policy strategies that evolve over time.
1.12.1 of the village comprehensive development
plan Future Land Use Element, all proposed (h) Permitted uses. Permitted uses in the mi.xed-
development plans for the miged-use district shall use district are as follows:
be subject to review and approval by the village (1) Single-family dwellings.
council.
(2) Tr�o-family dwellings.
(fl Urban design principles. The following ur- �3) Multiple-family dwellings.
ban design principles shall be considered as guide-
lines in all development proposals of the miged- (4) Small-scale retail sales and service. A
use district: maximum 3,500 square feet of gross leas-
(1) That mixed use promotes economic and able area is allowed for each tenant area
social well-being. or individually owned unit.
(2) That streets serve the needs of the pedes- �5) Business services. A maximum 3,500
squaze feet of gross leasable area is al-
trian and the automobile. lowed for each tenant area or individually
(3) That proposed squares and plazas provide owned unit.
collective identity and a place for social (6) Professional services. A maximum 3,500
activity and recreation. square feet of gross leasable area is aI-
(4) That public buildings, facilities, and spaces lowed for each tenant area or individually
are symbols of the community and convey owned unit.
identity and pride through their architec- (7) Personal services. A maximum 3,500 square
tural clarity and civic functions. feet of gross leasable area is allowed for
(5) That carefully placed buildings delineate each tenant area or individually owned
and define public spaces and lots and �it.
blocks. (8) Recreation/open space.
CD78:60
ZONING § 78-1f
(i) Special exception uses. Special exception (j) Accessory uses. Accessory uses allowed in
uses in the miged-use district are as follows: the mixed-use district are as follows:
(1) Restaurants (including carryout). (1) Any accessory use customarily incidental
(2) Public buildings and facilities. to a permitted use.
(3) Church/house of worship. (2) Private garages, swimming pools, spas
and hot tubs, cabanas and saunas, green-
(4) CiviciculturaUinstitutional uses. houses, tennis courts, clubhouses, utility
(5) Private schools/schools of instruction. buildings, gazebos, and any other similar
use deemed appropriate by the building
(6) Bed and breakfast. official.
(7) Hotel. (k) Planned mixed-use development required.
(8) Adult congregate living facility (ACLF). Planned mixed-use development (PMIJD) is re-
quired for all permitted, special exception, and
(9) Gasoline service station (only fronting on accessory uses within the mixed-use district ex-
U.S. Highway 1). cept lots or paxcels of less than three acres.
(10) Private clubs.
(1) Prohibited uses. The following uses are pro-
(11) Railway station. hibited in the mixed-use district:
(12) Planned residential development (PRD). (1) Wholesale.
(13) Planned commercial development (PCD). (2) Warehouses.
(14) Permitted uses under subsections (hx4), (3) Carwash (that is not an accessory use).
(5), (6), (7) and (8) of this section in egcess
of 3,500 square feet (large scale retail (4) Motel.
sales and service) which are in conforxnity
with the intent and integrity of the dis- (5) Motor vehicle dealer.
trict. (6) Pawnshop.
(15) Restaurants, fast food, subject to the fol- (7) Full-service fuel station/gasoline service
lowing conditions: station.
a. Each drive-up window stacking lane
must be clearly designed and marked �8� Flea markets, indoor or outdoor.
so as not to conflict or interfere with (9) Automobile repair facilities, including ga-
other vehicle or pedestrian traffic rages and body shops.
utilizing the site.
b: A bypass tra#�ic lane shall be pro- (10) Kennels or pet hospitals with boarding
facilities.
vided if a one-way traffic flow pat-
tern is utilized in the parking lot (11) Any other use or structure not specifically
design. or by reasonable implication permitted in
c. All restaurants, fast food, shall be this section as a permitted use, special
restricted to U.S. Highway 1 front- exception use or accessory use.
age.
(m) Property deuelopment standards. Property
d. A minimum 15-foot landscape buffer development standards for the mixed-use district
shall be provided at all public road shall be as set forth in this subsection. However,
rights-of-way, in addition to the re- as part of the review and approval process by thF
„ quirements set forth in article IX, village, the village council may modify the prop
division 4 of this chapter. erty development standards, at its discretion,
CD78:61
� 78-180 TEQUESTA CODE
provided the spirit and intent of the regulations (2) Right-of-way width. The minimum width
and standards are complied with in the develop- of rights-of-way within the MU district is
ment of the mixed-use district. as follows:
(1) Parking requirements. On-street and off- a. Major street (collector): 50 feet.
street parking shall be allowed within the
muzed-use district. The minimum number b. Minor street (collector):
of required parking spaces to be provided 1. 1�vo-way street: 50 feet.
shall be determined from section 78-705, 2. One-way street: 42 feet.
and may include a combination of on-
street and off-street spaces. When using (3) Drainage of streets and rights-of-way.
on-street parking to meet a portion of the Raised curb and gutter drainage systems
required parking for a proposed project, shall be the preferred method utilized
only those spaces that lie within the street within the MU district. Alternate drain-
frontage areas of the property may be age systems shall be approved at the
included in the total calculations for meet- discretion of the village council during the
ing the minimum required parking re- site plan review process for a proposed
quirements. planned mi.xed-use development (PMIJD).
(4) Schedule of site regulations. Site regulations in the MU district are as follows:
, Minunum lot size 3,200 square feet
.�. Minimum lot width 40 feet
c. M�imum lot coverage:
Residential 62%
Commercial:
For a single minimum sized lot 60%
For two or more lots or parcels in e$cess of the minimum sized lot 70%
under unity of title
d. Minimum front yard setback:
Residential 10 feet
Commercial 0 feet
e. Minimum side yard setback:
Residential:
On one side 0 feet
On remaining side 7 feet
Commercial:
On both sides where commercial abuts commercial 0 feet
Where commercial abuts residential 7 feet
f. Minimum rear yard setback:
Residential 10 feet
Commercial:
Where commercial abuts commercial 0 feet
Where commercial abuts residential 10 feet
g. Minimum living area requirements Not applicable
h. Minimum landscaped/open space:
Residential 25%
Commercial 25%
CD78:62
ZONING § 78-22-
(5) Landscaping requirements. Off-street park- located, such developments are to be in compli-
ing facilities and all properties within the ance with the village comprehensive development
MIT district shall be landscaped in accor- plan, and platted of record in accordance with the
dance with article IX, division 4 of this procedures for approval of subdivision plats in
chapter. chapter 66.
(6) Signs. All wall, freestanding, monument, (Code 1977, app. A, § IX(B))
ceiling-mounted walkway, project identi-
fication, composite, changeable letter and Sec. 78-223. Conflicts with other regulations.
similar signs and/or signage shall be in Where conflicts exist between the special
keeping with the purpose and intent of planned residential development regulations in
the mixed-use district and shall be subject this article and general zoning, subdivision, and
to review and approval by the village. other applicable ordinance provisions, the special
Sections 78-731, 78-733, 78-734, 78-735, regulations in this article shall apply.
78-736, 78-737, and 78-738 shall apply (Code 1977, app. A, § IX(C))
within the MtT mixed-use district.
(Code 1977, app. A, § VII(DX9)) Sec. 7&224. Special de�nitions.
Secs. 78-181-7&220. Reserved. The following words, terms and phrases, when
used in this article, shall have the meanings
ascribed to them in this section, except where the
AR,TICLE VII. PLANNED RESIDENTIAL contegt clearly indicates a different meaning. All
DEVELQPMENTS (PRD) definitions appearing in section 78-4 shall be
applicable to this article egcept to the extent o�
See. 78-221. Purpose and intent. inconsistency with any special definitions con-
The purpose of this article is to encourage the �ned in this section.
accomplishment of a more complete residential Adult congregate living facility means a facility
living environment through the application of licensed by the state department of health and
enlightened and imaginative approaches to com- rehabilitative services (HRS) which provides a
munity development. This alternative should al- family living environment or where a portion of
low a variety of architectural styles, preserve space within the facility is used in common by the
natural features and scenic areas, reduce land residents and where room, board, and personal
consumption by roads while separating vehicular care are provided to persons who are unrelated to
and pedestrian traffic, integrate open spaces and the caregiver, to include the supervision and care
recreation areas within the development, estab- necessary to meet physical, recreational, emo-
lish neighborhood identity and focus, and be con- tional, and social life needs of clients. These
sistent with values of the village. facilities may or may not provide education and
(Code 1977, app. A, § IX(A)) training, and the level of intensity of care, as
defined by HRS, varies in each facility and vari-
Sec. 78-222. Applicability of land develop- ous levels may egist within the same facility.
ment regulations to planned res- planned residential deuelopment (PRD) means
idential developments.
a residential development permitted only within
Although planned residential developments pro- the R-2 zoning district which maximizes the com-
duced in compliance with the provisions and mon use of open space and recreational areas.
requirements of this article and other regulations This is accomplished by permitting fle�cibility of
as set forth and defined in this chapter may, site design by allowing and combining various
except for dwelling unit density regulations, de- building types and housing styles which do not
part from the strict application of property devel- necessarily correspond to the property develop-
opment regulations for the district in which the ment regulations of the zoning district in which
planned residential development is proposed to be the development is located. The entire land area
CD78:63
i 78-224 TEQUESTA CODE
of a PRD is under unity of title planned and an individual, partnership or corporation,
designed to be developed in a single operation or or a group of individuals, partnerships or
by a series of prescheduled development phases corporations. The petitioner shall present
according to an officially approved site plan which firm evidence of the unity of title of the
is subject to the site plan review process. entire area within the proposed planned
Single-family attached means a building or residential deveiopment and shall state
dwelling unit which is joined to another dwelling
agreement that, if he proceeds with the
at one or more sides by a pazty wall. proposed development, he will:
a. Do so in accord with the officially
Single family attached—zero lot line means approved site plan of the develop-
single-family dwellings with one continuous win- ment, and such other cond.itions or
dowless zero lot line side wall planned to accom- modifications as may be attached to
modate cluster development creating a sheltered the special exception.
outdoor living area for each dwelling unit.
b. Provide agreements, covenants, con-
Single-family detached--cluster design means tracts, deed restrictions, or sureties
single-family residences clustered in groupings acceptable to the village for comple-
where they are adjacent to azeas of common tion of the undertaking in accor-
ownership. dance with the approved site plan as
(Code 1977, app. A, § IX(D)) well as for the continuing operation
Cross referenc�-Definitions generally, § 1-2. a.rid malnterianCe Of SuC�l �'ea5, funC-
tions, and facilities as are not to be
�ec. 78-225. General requirements and spe- provided, operated or maintained at
cial regulations. general public expense.
The following general requirements and spe- c. Bind his development successors in
cial regulations shall apply to all planned residen- title to any commitments made un-
tial developments: der subsections (4)a and b of this
(1) Location. As set forth in the schedule of S�tion.
use regulations in article VI, division 2 of (5) Confrguration of site. Any tract of land for
this chapter, a planned residential devel- which a planned residential development
opment is permitted only as a special application is made shall contain suffi-
egception in the R-2 zoning district. cient width, depth, and frontage on a
publicly dedicated arterial or major street
(2) Permitted building height. The allowable or appropriate access thereto to ade-
heights for buildings shall be the same as . quately accommodate its proposed use
provided for in the G2 zoning district; and design.
however, at the discretion of the village
council, building heights may be increased (6) Permitted uses. Permitted uses are as
to a maximum of sis staries or 84 feet. follows:
(3) Minimum area. No site shall qualify for a a• Any uses within the specific zoning
planned residential development unless districts which are listed in the sched-
the development consists of a contiguous ule of use regulations in article VI,
area of at least three acres. division 2 of this chapter as a per-
mitted use, accessory use, or special
(4) Unity of title. All land included for pur- e$ception.
pose of development within a planned
residential development shall be under b. Single-family detached—cluster de-
unity of title of the petitioner for such sign.
zoning designation, as provided for in c. Single-family detached—patio home
section 78-7, whether that petitioner be design.
CD78:64
ZONING § 78-2;
d. Single-family attached—zero lot line. (10) Area limitations for specific uses.
e. Group home and congregate living a. The following percentage expresses
facilities. the maximum area of the planned
residential development which the
(7) Site plan approvdl. specific uses may occupy:
a. The application content and process Residential: 65 percent of gross
by which a planned residential de- land area.
velopment shall be reviewed and b, A11 planned residential developments
acted upon by the village council shall contain areas at least equal to
shall be the same as those provided the following minimums:
for in article IX, division 2 of this Open space: 35 percent of gross
chapter. land area.
b. Each approved site plan, or phase
thereof, shall also be platted prior to (11) Required public facilities and seruices. No
the issuance of a building permit for building permits or development orders
any land included within the site shall be issued unless public facilities and
plan. services which meet or exceed the adopted
level of service standards are available
(8) Platting. Each plat for a planned residen- concurrent with the development im-
tial development shall be in compliance pacts. Compliance with this requirement
with the provisions of F.S. ch. 177 and may be accomplished through one or more
chapter 66. or a combination of the following pro
cesses:
(9) Development phasing controls. Should a
planned residential development be con- a• Install all required public facilities/
structed in phases, in addition to the �'as���'�services prior to or con-
requirements of article IX, division 2 of current with the development im-
this chapter, the following sequence must pacts.
be adhered to: b. Phasing of all required public facili-
a. If a major recreation facility is ties/infrastructure/services:
planned to serve the development, it 1. By local government (capital im-
shall be platted prior to the platting provements element).
of more than 40 percent of the total 2. By the developer (development
permitted dwelling units. agreemen�s).
b. The gross density of an individual c. Phasing of the development.
plat shall not exceed the maximum (Code 1977, app. A, § IX(E))
number of dwelling units permitted
in the particular zoning district within Sec. 78-226. Property development stan-
which the PRD is located for. that dards.
portion of the PRD platted as resi- property development sta.ndards for planned
dential area, as set forth in subsec- residential developments are as follows:
tion (10)a of this section, unless the
particular plat being considered, in (1} Applicability of district regulations. As a
conjunction with all previously re- basis for the preparation of a planned
corded plats of record, produces an residential development application, or
average density less than or equal to any future modification thereof subse-
the approved maximum density for quent to the initial review and approva'
the entire planned residential devel- the development shall be guided by th�
opment. regulations contained in this article along
CD78:65
� 78-226 TEQUESTA CODE
with the site and district regulations, eg- where they are adjacent to az-
cept for building or structure height re- eas of common ownership. No
quirements as set forth in section 78- minimum lot area or dimen-
225(2), applicable to the specific zoning sions shall be required for such
district within which the PRD is pro- structures. Separation between
posed. However, as part of the review and structures shall meet the fol-
approval process by the village, the vil- lowing minimum distances:
lage council may modify such regulations
for the PftD, provided the spirit and in- Front 25 feet
tent of this chapter are complied with in Side 15 feet
the total development of the PRD. The ��' 15 feet
village council may, at its discretion, re- 2. In addition, structures shall
quire adherence to established zoning dis- meet the following setbacks from
trict requirements within certain portions right-of-way:
of the site if deemed necessary in order to
maintain the spirit and intent of this Front 25 feet
chapter. However, under no circumstance Side (corner) 15 feet
shall the overall dwelling unit density 3. In any planned residential de-
egceed the maximum number of dwelling velopment containing structures
units permitted in the particular zoning on lots permitted by this sub-
district within which the PRD is located section, ownership of the com-
for that portion of the PRD platted as mon areas, which includes open
residential area. space, shall be held by either:
(2) Maximum permitted site coverage. The i. The lot owners, in which
total ground floor building area of all event each lot owner shall
buildings and structures shall not egceed have an undivided. inter-
30 percent of the total site area of the est in the common areas
PRD or development phase. wluch shall be appurte-
nant to this lot. The undi-
(3) Design of single-family residences. vided interest in the com-
a. Single-family detach.ed design (sepa- mon area shall not be
rate). If a portion of the planned conveyed separately from
residential development is proposed the ownership of the lot;
as a standard single-family develop- ii. A property owners' associ-
ment, the minimum lot area and ation; or
dimensions shall be as follows: ui. A combination of subsec-
tions (3)b.3.i and ii of this
Area 8,000 square feet section.
Width (interior) 80 feet 4. If any residential unit built un-
Width (corner) 85 feet der this subsection is destroyed
Depth 100 feet or removed by or for any cause,
Frontage 80 feet if replaced, such unit shall be
The single-family detached dwelling replaced with a unit of at least
unit shall meet the setback require- similar size and type, however,
ments of the district in which the not egceeding the dimensions
PRD is located. of the previous unit.
b. Single family detached design (clus- c. Single-family detached design (patio
ter). home design).
1. Single-family residential houses 1. If any portion of a planned res-
may be clustered in groupings idential development has pro-
CD78:66
' ZONING § 78-2.
posed cluster development pur- line along one side interior prop-
suant to this article, the erty line so as to create a shel-
minimum lot area and dimen- tered private outdoor recre-
sions shall be as follows: ation area for each dwelling
unit. On every lot created pur-
Area 4,500 square feet suant to this subsection, walls
Width (interior) 45 feet or fences shall be constructed
Width (corner) 60 feet along the side interior property
Depth 75 feet lines at least four feet, and not
Frontage 45 feet to exceed six feet, in height.
2. Patio home lots shall be con- 5. If any residential unit built un-
veyed in fee simple. The mini- der this subsection is destroyed
mum setback requirements shall
be as follows: or removed by or for any cause,
such unit, if replaced, shall be
Front 10 feet replace with a unit of at least
Side (interior) 10 feet similar size and type, however,
Side (zero lot line) 0 feet not egceeding the dimensions
Side (corner) 20 feet of the previous unit. The devel-
R.ear 10 feet oper shall include the appropri-
However, the minimum front ate deed restrictions and/or cov-
yard setback for a garage or enants so as to require
carport shall be 25 feet. In all replacement as outlined in thi
cases, easements located on any subsection.
lot developed pursuant to this 6. Each patio home shall have a
subsection shall be calculated minimum of two parking spaces.
as an integral part of the appli-
cable setback. No construction d. Single-family attached design (zero
shall be permitted within an lot line).
established easement. No over- 1. Residential structures may be
hangs shall be permitted to placed on any two or more lots
project into easements or over contiguous to the interior prop-
any zero lot line. erty line common to their own-
3. The maximum height shall be ership:_ No minimum lot area or
35 feet above grade. The maxi- dimensions shall be required
mum lot coverage of the build- for such structures. No open-
ing shall not exceed 50 percent ings of any kind shall be per-
of the lot area. In all cases, at mitted on the interior property
least 20 percent of the lot area line wall.
shall be maintained as perme- 2. Separation between townhouse
able area in landscaped open clusters shall meet the follow-
space. Semipermeable paving ing minimum distances:
devices shall not be calculated
towards the 20 percent perme- Front 25 feet
able area requirement. Side 15 feet
4. Any planned residential devel- Rear 15 feet
opment containing structures 3. In addition, structures sha1�
on lots permitted by this sub- meet the following setbacks fron.
section shall have a zero lot right-of-way:
CD78:67
78-226 TEQUESTA CODE
Front 25 feet 6. A townhouse cluster shall be
Side (corner) 15 feet constructed as a whole, and no
There shall be no required set- certificate of occupancy for a
back from parking tracts. townhouse unit shall be issued
until completion of that whole.
4. In any planned residential de- �4) Multiple-family design. The design and
velopment containing structures site development for multiple-family struc-
on lots permitted by this sub- tures shall be guided by the schedule of
section, ownership of the com- site regulations in section 78-143 for the
mon areas, which includes open �strict within which the PRD is located.
space, shall be held by either: (Code 1977, a A IX(F))
i. The lot owners, in which PP � '§
event each lot owner shall Sec. 78-227. Design criteria.
have an undivided inter-
est in the common areas All planned residential developments shall ob-
which shall be appurte- serve and accommodate in the design solution the
nant to this lot. The undi- following objectives and requirements:
vided interest in the com- �1) General objectives.
mon area shall not be
conveyed separately from a. A suitable residential environment
the ownership of the lot; shall be provided by utilizing the
u. A property owners' associ- potential advantages of the site, in-
ation• ar cluding suitable placement of the
� buildings and facilities in relation to
ui. A combination of subsec- the site and surrounding influences.
tions (3)d.4.i and ii of this
- section, b. Adequate open space related to build-
ings and other land improvements
5. In any planned residential de- shall be provided.
velopment containing structures
on lots permitted by this sub- �• Required off-street parking facilities
section, the developer shall shall be conveniently located within
agree to provide agreements, a reasonable distance to the dwell-
covenants or deed restrictions �g �t•
running with the land. The d. Existing trees and other natural fea-
agreements, covenants or deed tures of the site shall be preserved.
restriciaions shall provide for the
maintenance of the common ar- e• The appearance of the buildings and
eas. They shall also provide that g'rounds shall be enhanced with sup-
the portion of the plat contain- plemental plantings to screen objec-
ing open space may not be va- tionable features and to control noise
cated in whole or in part unless from areas or activities beyond the
the entire plat is vacated. If control of the PRD.
any residential unit built un- f. All of the elements of the site plan
der this subsection is destroyed shall be harmoniously and ef�iciently
or removed by or for any cause, organized in relation to topography,
if replaced, such unit shall be the size and shape of the tract, the
replaced with a unit of at least character of adjoining property, and
similar size and type, however, the type and size of the buildings, in
not exceeding the dimensions order to produce a livable economi-
of the previous unit, cal land use pattern.
CD78:68
ZONING § 78-22
g. Arrangements of buildings shall be lectors shall be limited access facili-
in favorable relation to the natural ties and the only vehicular access
topography, existing desirable trees, thereto shall be by public street.
views within and beyond the site, f. Arterial and collector streets shall
and exposure to the sun and other connect with similarly classified
buildings on the site. streets in adjacent developments. If
(2) Access and circulation. no streets exist, the village engineer
shall determine whether future con-
a. Principal vehicular access points shall nections are likely and desirable and
be designed to encourage smooth traf- shall have the authority to alter the
fic flow and minimize hazards to design of the PRD to accommodate
vehicular or pedestrian traf�ic. Merg- his judgment.
ing and turning lanes and traffic
medians shall be required where ex- �3) Garbage and refuse collection.
isting and anticipated heavy traffic a. Outdoor collection stations shall be
flows indicate needed controls. Mi- provided for garbage and trash re-
nor streets within the PRD shall not moval in a planned residential devel-
connect with minor streets in adja- opment when individual collection is
cent developments in such a way so not made and indoor storage is not
as to encourage through traf�ic. In provided.
addition, visibility triangles of 25 b. Outdoor collection stations shall not
feet in both directions from the point be offensive and shall be enclosed by
of intersecting lot lines shall be main- a fence or wall at least as high as th�
tained at all intersections. containers and in no case less than
b. Access to the dwellings and circula- four feet. Such stations shall be pro-
tion between buildings and other im- �ded with self-closing gates to pro-
portant project facilities for vehicu- vide access to the containers.
lar and pedestrian trai�`ic shall be c. Access to indoor or outdoor collection
comfortable and convenient for the stations shall be such that the re-
residents. moval vehicle need not make several
c. Access and circulation for firefight- ��essary turning or backing move-
ments.
ing equipment, furniture moving (Code 1977, app. A, § IX(G))
vans, garbage collection, deliveries
and other large utility vehicles shall Sec. 78-228. Issuance of construction per-
be planned with the appropriate de- mits prior to recording of final
sign criteria as determined by the plat.
village engineer.
(a) Permanent structures and facilities. No res-
d. Streets shall not occupy more land idential construction pernaits shall be issued un-
than is required to provide access as less the site plan has been approved and the final
indicated, and shall not create un- plat for the entire development or phase of devel-
necessary fragmentation of the de- opment has been recorded as a plat of record.
velopment into small blocks, nor shall However, permits for permanent structures and
streets be so laid out or constructed facilities may be issued prior to recording a final
as to interfere with desirable drain- plat but not before the overall site plan has been
age in or adjacent to the develop- approved under the following conditions for the
ment. following uses:
e. All major streets shown on the ap- (1) Sales model, erected on the site pursuant
' proved site plan as arterials or col- to all applicable codes and ordinances.
CD78:69
7&228 TEQUESTA CODE
The number of sales models shall not c. The temporary permit shall be valid
egceed eight in number, and they shall for a period of one year.
not be connected to water and sewer fa- d. Requests for egtensions of time be-
cilities until a plat of record has been yond the initial one-year approval
recorded for the master plan area in which shall be made to the village council
the models are located. One of the sales on forms prescribed by the village.
models may be used for a temporary real In no case shall the total time exceed
estate sales office if sanitary facilities are a maximum of two years for the
approved by the appropriate government initial approval and subsequent ex-
agencies.
tensions.
(2) Gate house, for internal project security, if e. Egecution of a notarized mobile home
not in conflict with right-of-way and set- removal agreement is required.
back requirements of this chapter and
chapter 66. f. No addition or adjuncts shall be per-
mitted to the mobile home except
(3) Public utility or private service and acces- approved awnings and demountable
sory building and structure, if in compli- screen panels.
ance with all applicable rules and regula- (Code 1977, app. A, § IX(H))
tions governing such facilities.
Secs. 7&229-78-250. Reserved.
(4) Accessory recreation facility and club, in
conjunction with the open space or recre-
ation land use system of the planned AR,TICLE VIII. PLANNED COMIVIERCIAL
residential development. DEVELOPMENTS (PCD)
(b) Temporary structures and facilities. Per- Sec. 78-251. Purpose and intent.
mits for temporary structures may be issued prior
to recording a final plat but not before site plan The purpose of this article is to allow the
approval by the viIlage council under the follow- development of unique commercial areas that
ing conditions for the following uses: encourages the inclusion of an appurtenant living
environment through the application of imagina-
(1) Construction trailer. Use of this facility tive site design. This development approach should
shall be limited to storage and on-site provide a precise architectural theme that will be
of�'ice work. The facility is not to be inhab- adhered to throughout the development, preserve
ited overnight. natural features, reduce land consumption by
(2) Watchmen mobile home. Use of this facil- roads while separating vehicular and pedestrian
ity allows overnight habitation if in com- traffic, integrate open spaces and common areas
pliance with the following: within the development, establish a unique com-
mercial oriented focus and be consistent with the
a. The mobility of the vehicle used as a general needs and values of the village.
mobile home or fiouse trailer shall be (Code 1977, app. A, § IX-A(A))
maintained.
b. Sanitary facilities must have ap- Sec. 78-252. Applicability of land develop-
ment regulations to planned
proval of all governmental agencies commercial developments.
having appropriate jurisdiction and
permits and inspections for neces- Although planned commercial developments
sary electric and water supply and produced in compliance with the provisions and
sewage disposal facilities must be requirements in this article and other regulations
obtained from the village depart- as set forth and defined in this chapter may,
ment of community development. except for dwelling unit density regulations, de-
CD78:70
ZONING § 78-25
part from the strict application of property devel- development phases according to an officially
opment regulations for the district in which the approved site plan which is subject to the site
planned commercial development is proposed to plan review process.
be located, such developments are to be in com- (Code 1977, app. A, § IX-A(D))
pliance with the village comprehensive develop- Cross reference—Definitions generally, § 1-2.
ment plan, and platted of record in accordance
with the procedures for approval of subdivision Sec. 78-255. General requirements and epe-
plats in chapter 66. cial regulations.
(Code 1977, app. A, § IX-A(B))
The following general requirements and spe-
cial regulations shall apply to all planned com-
Sec. 78-253. Conflicts with other regulations. mercial developments:
Where conflicts exist between the special (1) Location. As set forth in the schedule of
planned commercial development regulations in use regulations in article VI, division 2 of
this article and general zoning, subdivision, and this chapter, a planned commercial devel-
other applicable ordinance provisions, the special opment is permitted only as a special
regulations in this article shall apply. egception in the C-2 zoning district.
(Code 1977, app. A, § IX-A(C)) (2) Permitted building height. The allowable
heights for buildings in a planned com-
Sec. 78-254. Special de�nitions. mercial development shall be the same as
provided for in the C-2 zoning district•
The following words, terms and phrases, when however, at the discretion of the villag
used in this article, shall have the meanings council, building heights may be increased _
ascribed to them in this section, except where the to a maximum of four stories or 50 feet.
context clearly indicates a different meaning. All (3) Minimum site area. No site shall qualify
definitions appearing in section 78-4 shall be for a planned commercial development
applicable to this article except to the extent of unless the development consists of a con-
inconsistency with any special definitions con- tiguous area of at least three acres.
tained in this section.
(4) Unity of title. All land included for pur-
Planned commercial development (PCD) means pose of development within a planned
a contiguous tract of land which functions as a coxnmercial development shall be under
self-contained and readily identifiable develop- �ty of title of the petitioner for such
ment which accommodates a variety of predeter- zoning designation, as provided for in
mined commercial and residential uses and/or section 78-7, whether that petitioner be
mizc of such uses in well-planned development. An an individual, partnership or corporation,
increased use of open space and common areas is or a group of individuals, partnerships or
encouraged to complement the overall develop- corporations. The petitioner shall present
ment. Fle�bility of site design allows for devia- firm evidence of the unity of title of the
tion from standard site development regulations entire area within the proposed planned
of the zoning district in which the development is commercial development and shall state
located. PCDs not only allow for combining vari- agreement that, if he proceeds with the
ous building types and uses, but also allow for proposed development, he will:
compatible mu�ed use within buildings and struc- a. Do so in accord with the officially
tures through an approved architectural style. approved site plan of the develop-
The entire land area of a PCD is under unity of inent, and such other conditions o
title planned and designed to be developed in a modifications as may be attached tc,
' single operation or by a series of prescheduled the special exception.
CD78:71
78-255 TEQUESTA CODE
b. Provide agreements, covenants, con- c. Recreational uses.
tracts, deed restrictions, or sureties Any use within the R/OP zon-
acceptable to the village for comple- ing district which is listed as a
tion of the undertaking in accor- permitted use, accessory use,
dance with the approved site plan as or special exception.
well as for the continuing operation
and maintenance of such areas, func- �7� Site plan reuiew.
tions, and facilities as are not to be a. The application content and process
provided, operated or maintained at by which a planned commercial de-
general public egpense. velopment shall be reviewed and
c. Bind his development successors in acted upon by the village council
title to any commitments made un- shall be the same as those provided
der subsections (4)a and b of this for in article IX, division 2 of this
section. chapter.
b. Each approved site plan, or phase
(5) Configuration of site. Any tract of land for thereof, shall also be platted prior to
which a planned commercial development the issuance of a building perniit for
application is made shall contain suffi- any land included within the site
cient width, depth, and frontage on a plan.
publicly dec�icated arterial or major street
or appropriate access thereto to ade- (8) Platting. Each plat for a planned commer-
quately accommodate its proposed use cial development shall be in compliance
and design. with the provisions of F.S. ch. 177 and
chapter 66.
(6) Permitted uses. Permitted uses are as
follows: (9) Development phasing controls. Should a
planned commercial development be con-
a. Residentiul uses. structed in phases, in addition to the
1. Single-family uses as provided requirements of article IX, division 2 of
for in a PRD. this chapter, the following sequence must
be adhered to:
2. Any uses within the R-2 and
R-3 zoning districts which are a. If a residential land axea is planned
listed in the schedule of use as part of the PCD, it shall not be
regulations in article VI, divi- platted without the platting of any
sion 2 of this chapter as a per- commercial land area.
mitted use, accessory use, or b. If residential dwellings axe to be
special exception. constructed as part of a commercial
3. Adult congregate living facili- building in a PCD, the residential
ties. dwellings shall be located only within
or as an integral part of the main
b. Commercial uses. buildings; however, the residential
1. R.etail sales and service. dwellings shall not be issued a cer-
2. Business service. tificate of occupancy prior to issu-
ance of a certificate of occupancy for
3. Professional service, the commercial occupancy of the main
4. Personal service. buildings.
5. Restaurant. c. The gross density of any commercial
and residential portion within a PCD
6. Theater. shall not exceed 18 dwelling units
7. Private club. per gross acre of that portion of the
CD78:72
ZONING § 78-25
PCD platted for commercial and res- may be accomplished through one or more
idential area, as set forth in subsec- or a combination of the following pro-
tion (10)a of this section. cesses:
(10) Area limitations. a. Install all required public facilities/
infrastructureJservices prior to or con-
a. The following percentages ebpress current with the development im-
the maximum area of the planned pacts.
commercial development which the
specific land uses may occupy: b. Phasing of all required public facili-
Platted commercial and residen- ties/infrastructure/services:
tial: 80 percent of gross land 1. By local government (capital im-
area. provements element).
b. All planned commercial develop- 2. By the developer (development
ments shall contain areas at least agreements).
equal to the following minimum: c. Phasing of the development.
Platted open space: 20 percent (Code 1977, app. A, § IX-A(E))
of gross land area.
(11) Architectural theme. All initial develop- Sec. 78-256. Property development regula-
ment of a planned coxnxnercial develop- tions.
ment, or any subsequent phase thereof, property development regulations for planned
shall follow a common architectural theme commercial developments are as follows:
throughout the entire development. The
theme shall be established during the site (1) Applicability; modifications. As a basis
plan review process and then maintained for the preparation of a planned commer-
through the development process. cial development application, or any fu-
ture modification thereof subsequent to
(12) Total residential dwelling unit computa- the initial review and approval, the devel-
tion. For the purpose of this article, if opment shall be guided by the regulations
dwelling units are to be developed as part contained in this section along with the
of a planned commercial development, the site regulations, except for building or
total number of dwelling units permitted structure height requirements as set forth
in the PCD shall be computed on the basis in section 78-255(2), applicable to the spe-
of 18 dwelling units per gross acre of that cific zoning district within which the PCD
portion of the PCD which is platted as is proposed or referenced by this section.
commercial and residential area. However, as part of the review and ap-
(13) Open space requirement and computation. proval process by the village, the village
Planned commercial developments shall council may modify such regulations for
e�ibit and maintain a total open space the PCD, provided the spirit and intent of
requirement at least equal to that amount this chapter are complied with in the total
as established in the subsection (10)b of development of the PCD. The village coun-
this section and as defined in section 78-4. cil may, at its discretion, require adher-
ence to established zoning district require-
(14) Required public facilities and seraices. No ments within certain portions of the site if
building permits or development orders deemed necessary in order to maintain
shall be issued unless public facilities and the spirit and intent of this chapter. If
services which meet or exceed the adopted dwelling units are to be combined as part
level of service standards are available of the PCD, under no circumstances shal'
concurrent with the development im- the overall dwelling unit density exceed
pacts. Compliance with this requirement the maximum permitted density of 18
CD78:73
� 78-256 TEQUESTA CODE
dwelling units per gross acre of that por- p.m. of each and every day. This is
tion of the PCD platted as commercial and not intended to preclude the use of
residential area. on-site security lighting.
(2) Maximum site coverage. The total ground e. Outdoor storage. No outdoor storage
floor building area of all roofed buildings of inerchandise shall be permitted.
and structures shall not egceed 50 per- f. Access. Access to commercial facili-
cent of the platted commercial and resi- ties shall be from an arterial or col-
dential area of the PCD or development lector which is part of the interior
phase. circulation system within the planned
(3) Site regulations for single-family and mul- commercial development. No com-
tiple-family structures. mercial facility shaIl maintain front-
a. The design and site development for age or direct view of physical access
single-family structures shall be on any arterial or collector bordering
guided by the schedule of site regu- or traversing the planned commer-
lations for the R-1 zoning district in cial development site,
section 78-143. (Code 1977, app. A, § IX-A(F))
b. The design and site development for Sec. 78-257. Design criteria.
multiple-family structures shall be
guided by the schedule of site regu- All planned commercial developments shall
lations for the R-2 zoning district in observe and accommodate in the design. solution
section 78-143. the following objectives and requirements:
(4) Commercial and residential design regu- (1) General objectives.
lations.
a. Asuitable commerciaUresidential en-
a. Off-street parking. Minimum off- vironment shall be provided by uti-
street parking and loading require- lizing the potential advantages of
ments shall be determined by the the site, including suitable place-
specific commercial or residential use. ment of the buildings and facilities
b. Enclosed uses. All commercial uses in relation to the site and surround-
shall be operated entirely within en- ing influences.
closed buildings except for the follow- b. Adequate open space related to build-
ing uses: sidewalk cafe and drive-in, ings and other land improvements
drive-through, or walk-up service win- shall be provided.
dow facilities, i.e., laundry, dry clean- �, Off-street parking facilities shall be
� ing, and banking facilities. conveniently located within a reason-
c. . Operating hours. No commercial use able distance to a dwelling unit or
shall commence business activities commercial use.
(including delivery and stocking op- d. Existing trees and other natural fea-
erations) prior to 6:OU a.m. or con-
tinue activities later than 11:00 p.m. tUres of the site shall be preserved.
egcept as otherwise provided in this e. Appearance of the buildings and
chapter or by the village council as grounds shall be enhanced with sup-
part of its approval process. plemental plantings to screen objec-
d. Lighting. Artificial lighting used to tionable features and to control noise
illuminate the premises and/or ad- from areas or activities beyond the
vertising copy shall be directed away control of the PCD.
from adjacent properties and shall f. All of the elements of the site plan
be extinguished no later than 11:00 shall be harmoniously and efficiently
CD78:74
ZONING § 78-25
organized in relation to topography, small blocks, nor shall streets be so
the size and shape of the tract, the laid out or constructed as to inter-
character of adjoining property, and fere with desirable drainage in or
the type and size of the buildings, in adjacent to the development.
order to produce a livable economi- e. All major streets shown on the ap-
cal land use pattern. proved site plan as arterials or col-
g. Arrangements of buildings shall be lectors shall be controlled access fa-
in favorable relation to the natural cilities and the only vehicular access
topography, existing desixable trees, thereto shall be by public streets.
views within and beyond the site, f. Arterial and collector streets shall
and egposure to the sun and other connect with similarly classified
buildings on the site. streets in adjacent developments. If
(2) Access and circulation. no streets exist, the village engineer
a. Principal vehicular access points in shall determine whether future con-
a planned commercial development nections are likely and desirable and
shall be designed to encourage smooth shall have the authority to alter the
traffic flow and minimize hazards to design of the PCD to accommodate
vehicular or pedestrian traffic. Merg- �s judgment.
ing and turning lanes and traffic (3) Garbage and refuse collection.
medians shall be required where e%- a. Outdoor collection stations shall be
isting and anticipated heavy traffic provided in a planned commercia'
flows indicate needed controls. Mi- development for garbage and trasl.
nor streets within the PCD shall not removal when individual collection
connect with minor streets in adja- is not made and indoor storage is not
cent developments in such a way so provided.
as to encourage through traf�c. In
addition, visibility triangles of 25 b. Outdoor collection stations shall not
feet in both directions from the point be offensive and shall be enclosed by
of intersecting lot lines shall be main- a fence or wall at least as high as the
tained at all intersections. containers and in no case less than
b. Access to the commercial facilities four feet. The stations shall be pro-
and dwellings and circulation be- vided with self-closing gates to pro-
tween buildings and other impor- vide access to the conta.iners.
tant project facilities for vehicular c. Access to indoor or outdoor. collection
and pedestrian traffic shall be com- stations shall be such that the re-
fortable and convenient for the resi- moval vehicle need not make several
dents. unnecessary turning or backing move-
ments.
c. Access and circulation for firefight- (Code 1977, app. A, § IX-A(G))
ing equipment, furniture moving
vans, garbage collection, deliveries
and other large utility vehicles shall Sec. 7&258. Issuance of construction per-
be planned with the appropriate de- mits prior to recording of final
sign criteria as determined by the plat.
village engineer. (a) Permanent structures and facilities: No res-
d. Streets shall not occupy more land idential or commercial construction permits shall
than is required to provide access as be issued unless the site plan has been approved
indicated, or create unnecessary frag- and the final plat for the entire development or
mentation of the development into phase of development has been recorded as a plat
CD78:75
t -
; 78-258 TEQUESTA CODE
of record.. However, permits for permanent struc- sewage disposal facilities mnst be
tures and facilities may be issued prior to record- obtained from the village depart-
ing a final plat but not before the overall site plan ment of com.munity development.
has been approved under the following conditions
for the following uses: c. The temporary permit shall be valid
for a period of one year.
(1) Sales model, erected on the site pursuant
to all applicable codes and ordinances. d. Requests for extensions of time be-
The number of sales models shall not yond the initial one-year approval
egceed eight in number, and they shall shall be made to the village council
not be connected to water and sewer fa- on forms prescribed by the village.
cilities until a plat of record has been In no case shall the total time exceed
recorded for the master plan area in which a maximum of two years for the
the models are located. One of the sales initial approval and subsequent ex-
models may be used for a temporary real tensions.
estate sales office if sanitary facilities are
approved by the appropriate government e. Egecution of notarized mobile home
agencies. removal agreement is required.
(2) Public utility or private service and acces- f No additions or adjuncts shall be
sory building and structure, if in. compli- permitted to the mobile home except
ance with all applicable rules and regula- approved awnings and demountable
tions governing such facilities. screen panels.
(Code 1977, app. A, § IX-A(H))
(3) Accessory recreation facility and club, in
conjanction with the open space or recre-
ation land use system of the planned Secs. 78-259-78-280. R.eserved.
commercial development.
(b) Temporary structures and fdcilities. Per- �g,�CLE I%. SUPPLEMENTAL
mits for temporary structures may be issued prior R,EGULATIONS
to recording a final plat, but not before site plan
approval by the village council, under the follow-
ing conditions for the following uses: DIVISION 1. GENERALLY
(1) Construction trailer. Use of this facility
shall be limited to storage and on-site Sec. 7&28L Applicability.
office work. The facility is not to be inhab-
ited overnight. The district regulataons of this chapter shall be
subject to the provisions and exemptions in this
(2) Watchmen mobile home. Use of this facil- �icle.
ity allows overnight habitation if in com- (Code 1977, app. A, § X)
pliance with the foIIowing:
a. The mobility of the vehicle used as a Sec. 78-282. Structures ezempt from height
mobile home or house trailer shall be limitations.
maintained.
b. Sanitary facilities must have ap- Chimneys, water tanks, elevator lofts, church
proval of all governmental agencies spires, flagpoles and parapet walls may be erected
having appropriate jurisdiction and above the height limits established by this chap-
permits and inspections for neces- ter.
sary electric and water supply and (Code 1977, app. A, § X(A)(1)(a))
CD78:76