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HomeMy WebLinkAboutHandouts_Workshop_Tab 02_09/15/2005 (2) �� # ( 5 O � �i�. �I f VJl.�.AG� � QV�STA WORKSHOP NOTES AND QUESTIONS (a) What should be the permitted maximum heights in the C-2 and PCD districts? The table, (but not a specific Code section), in Section 78-143 alfows for a maximum height in the C-2 of 5 stories/70feet. Section 78-255 permits building heights in a PCb, which are the same as in the C-2 district (5 stories/70 feet), and also allows the'Village Council (in its discretion) to increase the heights from the C- 2 requirements to a maximum of 4 stories/ 50 feet. This makes no sense if the building height in the C-2 is already higher in the table than what is allowed in the PCD. How can vou increase the heiqht from 5 sfories/70 feet to 4 stories/50 feet� (See table below) Sec. 78-143. Schedule of site requirements. The following schedule establishes the minimum property and building regufations for development within the village: SCHEDULE OF SITE REQUIREMENTS TABLE INSET 5 ft, except 4- and 5-story 10 ft:, except 20 ft, at any (ntersecting 10 ft. however, none -,500 5 0% uildings require an _ treet and where a property is here property abuts Not 50 q , �, , dditional 5 feet for each ontiguous with any noncommercial ailroad right-of-way or toriesl70 pplicable tory above 3 5 istrict 5 pur track 5 ' Therefore, the following should be done at a minimum: 1. The Table in Section 78-143 should be reduced from 5 stories/70 feet to something /ess than 4 stories/50 feet, as it relates to the permissible C-2 building height; 2. The C-2 zoning regulations in Section 78-177, should be clarified to provide for a specific maximum building height in the C-2, which is less than 4 stories/50 feet; 3. The PCD .regulations in Section 78-255 should be amended to provide express standards for the exercise of the Village Council's discretion in deciding whether to increase the building height for a PCD, and if so, to what is to be the maximurn height allowed in a PCD? If there are no standards for the exercise of the � CounciPs discretion in the Code, the Village could possibly be sued for making an arbitrary and capricious decision, in changing the height requirements, because there are no articulated standards in the Code, on which the Council's decision in the exercise of its discretion can be based. . i• , September 13, 2005 Page 2 (b) Should the story height be specifically defined so that there is a maximum height for the ground (sidewalk) level and upper stories? In certain West Palm Beach special mixed use districts, there are story requirements, requiring that a story be no less fhan 12' from finished floor to finished ceiling and no more than 16' from finished floor to finished ceiling on the sidewalk level floor, and for stories above the first story, a story cannot be mQre than 14' from finished floor to finished floor. This requirement limits a developer from adding more stories by making the story height too low. (c) What percentage of a PCD should be residential and what percentage should be commercial? Currently the Code requires a combination area limitation of 80% combined commercial and residential and 20% open space. The Code does not address how the 80% of a PCD, is to be divided between commercial and residential. Since the C-2 which is the underlying zoning and the PCD which is the overlaying zoning are both inherently commercial, the percentage of commercial should be much greater than the percentage of residential: Residential uses should be "appurtenant" to the primary commercial uses of the PCD, if they are included at all in the PCD. The Code expressly states that the primary purpose of the C-2 is to provideKlands for the development of commercial activities convenient to US-1 automotive traffic, and to serve the community at large. The purpose of a PCD (Section 78-251) is to allow the development of unique commercial areas that encourages the inclusion of an appurtenant living environment, and to establish a unique commercial oriented focus consistent with the needs and values of the village. (d) How is building height or stories in a building calculated/measured for purposes of determining building height? The Code contains definitions in Section 78-4 of the words "story", "floor" and "building height" but the term when used together may create inconsistent results. For example, the definition of "floor" does not include a garage used solely for parking, but the definition of "building height" does include basements. The term "story" incorporates the term "floor" which does not include a parking garage.... These definitions need to be reconcited and perhaps have building height measured from the crown of the road above mean sea level without regard to the definitions of floor or story. . See definition of building height below, which may need to be reworded, to specifically include parking garages and mezzanines, and other structures to the extent ! September 13, 2005 Page 3 that they are included in the measurement from grade or the crown of the road, but exclude chimneys, and architectural features on roof, etc.. Building, height of, means the vertical distance from grade to the highest finished roof surface, exclusive of cooling towers, elevator rooms, stair towers, mechanical equipment rooms, parapets and approved antennas, in the case of flat roofs, or to a point at the average height of roofs having a pitch of more than one foot in 12 feet. Basemen#s shall be considered as part of the overall building height. FYI--Jupiter defines Building height as the vertical distance measured from the existing median grade elevation at the base of the building or the minimum buildable elevation, whichever is higher to the highest point of the roof surface for flat shed and mansard roofs, and to the average height between the eaves and ridge for gable, hip and gambrel roofs (e) What is the appropriate residential density requirement(s) for a PCD? The Code seems to provide for a maximum density of 18 dwelling units units per gross acre. The density requirements are restated several times in Section 78-255, and some provisions are and seem redundant. Also, there is no minimum floor area required for a dwelling unit, which might be an appropriate requirement. (t� Should residential uses be prohibited on the ground and/or second floors in a PCD? In order to promote the intent of the C-2 and PCD which is to provide commercial, perhaps the first 2 floors should only be commercial. In the West Palm CMUD districts building regulations, commercial use is required on the first 2 floors and residential is permitted on the 3� and/or 4 floors. The WPB Code requires a minimum of 2 stories, with a maximum of 3 or 4 stories above grade. � (g) Should the Code require that an applicant for a special exception PCD use be required to commit to the type of commercial uses for the project, at the time the application for special exception is made? : Should the applicant also be required to specify the nature of the residential use at the time of application? I.e. apartment, condominium, cooperative, time-share, etc.? (h) Should the parking requirements for a PGD be revised based upon the percentage mix of commercial and residential, the type of commercial uses and the peaking of the mixed uses? � September 13, 2005 Page 4 (i) If there is a.meuanine in the building, the Code shoufd specify that it should be counted as a sfiory for purposes of building height. (j) How do you measure parking garages in terms of leveis or stories? Exampie: West Palm Beach measures garages in the CMUD in terms of levels with each parking garage level at frontage lines equal to one story for purposes of � measuring building height. {k) Should there be supplemental sign regulatians, awning requirements, architectural standards, window and door criferia, revised set back standards, ailey and dumpster requirements, etc? (I) Do the lot dimension, lot coverage regulations for a PCD need to be revisited? (m) Should the Code provide for a minimum required landscape area in addition to the open space requirements as a supplemental regulation? Should the Code specify a minimum floor area ratio? (n) Section 78-256 specifically authorizes the Viliage Councii, to modify regulations for the PCD, provided the intent and spirit and the Zoning Code is complied with in the development of a PCD. Again, the intent of the 2 districts (C-2 and PCD) is provide for primarily commercial uses; so the regulations in the Code should be tailored to promote commercial uses and Iimit and regulate the percentage and amount of residentiai uses in a PCD. . § 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 G1 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 �oning. 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. way 1 automotive traffic. This district will serve the community at large and provide a mixture of f. The proposed con�enience store shall convenience goods and sexwices 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 same time between the �4) Personal services. 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 ._..l ZONING § 78-177 (c) Accessory uses. Accessory uses allowed in e. No portable heaters or other danger- the C-2 district are as follows: ous appliances shall be used in such Any accessory use customarily incidental facilities. to a permitted use. f. All facilities shall conform to appli- (d) Special exception uses. Special exception cable village codes and ordinances, uses in the C-2 district are as follows: including building, electric, plumb- ing, fire prevention and state depart- (1) Public utility structures and buildings ment of insurance minimum fire such as water pumping plants, water treat- safety standards for adult congre- ment plants, sewage plant lift stations, gate living facilities. electric substations, and police and fire stations and any other use normally ap- g• No building permits shall be issued purtenant thereto, libraries and govern- unless a license has first been ob- mental facilities. tained from the state .department of health and rehabilitative services and (2) Community television antenna and other any other permitting agency as re- type of antenna used in the broadcasting quired by law, including the provi- industry and buildings and improvements sions of this chapter. appurtenant to these uses. (3) Planned commercial development (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) � (subject to the provisions of article VIII of i. The residence rnay have individual this chapter), provided: kitchen facilities in addition to the 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 minimum 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. market analysis which demonstrates c. All adult congregate living facilities the viability and need for the facility and extended care facilities shall pro- to be built or established at the pro- vide sufficient staff to operate the posed location set forth withiri 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 ta, the following deter- rehabilitative services, and shall pro- minations: vide facilities which meet the physi- 1. Determination of the service cal, recreational, emotional, and so- cial life needs of the residents of the area of the proposed facility. facility. 2. Determination of the service d. All facilities containing more than area popu3ation, present and one st�ory shall have an elevator large future. enough to carry a stretcher. 3. Statement of need. 8 , CD78:49 § 78-177 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 m�imum allow- used as a convenience store. � able density for such facilities 1. The proposed convenience store may be up to, but not exceed- 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 sha11 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 after 11:00 p.m. ii. 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 p.m. or does not sell beer (7) Restaurant, 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 alarm 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-elear and unob- structed view of the cashier's sta- (8) Private 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 § 78-177 (10) Full-service fuel station or gas station, building canopies shall provide a min- provided: imum setback of 25 feet from any adjoining property or right-of-way. a. Full-service fuel stations or gas sta- 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. FuIl-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 spaces 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 and/or used motor vehicles, trailers feet. or recreational vehicles is prohib- ited. d. Main and accessory buildings shall be located a minimum of 50 feet from l. Automotive repair work and/or ser- any residential district. vicing must be performed within an enclosed building or structure. e. Aminimumsixinchesinheightraised (11) Hotels, subject to the following condi- curb shall be required at all right-of- 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 first-floor grade level shall tion (d)(11)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 retail 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. To 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, such 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, l t� 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, except a secondary and rental of vehicles is only to be entry may be allowed from an inte- conducted within an enclosed show- rior courtyard. room. Outdoor vehicular parking is 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 reguiated with a mini- vehicle dealer establishments shall mum of two acres and a maximum of include, but not be limited to, the eight acres. Motor vehicle dealer es- following: tablishments shall be prohibited from locating within 1,000 lineal feet of 1. Delineation of the customer an existing 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. ing. 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. exceed five feet by eight feet, flown i. Major and minor repair activities from a standard flagpole. shall only be accessory uses to the d. All customer servicing, including principal use. Major and minor re- 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. j. All "tent" sales, as well as all "tele- 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 prohibited. CD78:52 r t ZONING § 78-177 k. The use of spotlights, skylights, division 2 of this chapter and all seaxchlights, 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, subject property. illuminating anly the subject site. 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. 1'he 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. o. All writing, lettering, pricing, adver- u. The entire site shall be hedged, land- 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 this motor vehicle or part thereof (i.e., chapter. windshield, window, roof, hood, trunk, side panels, etcJ 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- x. 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 separating the property from the U.S. Y All vehicles for sale, rental or dis- Highway 1 right-of-way. play, not located within an enclosed structure, must be parked at grade. q. 1Vlotor vehicle dealers shall be sub- ject to the requirements of article IX, (13) Shopping centers. tZ 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 building. (2) Business services. c. Churches shall be prohibited within �3) Professional services. 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- �7� Nurseries. lowing conditions: a. Each drive-up window stacking lane �8� Florists. must be clearly designed and marked (9) Printing establishments. so as not to conflict or interfere with (10) Carwash. other vehicle or pedestrian traffic 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 maximum 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 structures 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- C-3 general commercial district to provide lands days. within the village as depicted on the official 4. No opening for business before zoning map and thereby encourage the develop- 7:00 a.m. t3 CD78:54 � �( �t � �,��,-�-�� C� § 78-178 TEQUESTA CODE or more employees at the Sec. 78-179. RIOP 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 and protect certain areas which meet the recre- also be exempted 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 areas. off-premises. • 2. The convenience store may be �b) Permitted uses. Permitted uses in the RJOP equipped with a silent alarm district are 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. (4) Conservation areas. (6) Community televisian antennas and other 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 R,/OP district are as follows: _ liards, video game arcade and similar � accessory use customarily incidental amusements). to a permitted use. (8) Drive-in/fast food/carryout restaurants. (d) Special exception uses. Special exceptions a. Each drive-in stacking lane must be are required for all permitted and accessory uses clearly defined and designed so as in the RIOP district. not to conflict or interfere with other vehicle or pedestrian traff'ic utilizing (e) Prohibited uses and structures. The follow- the site. ing uses and structures are prohibited in the R/OP district: b. A bypass lane shall be provided if a p� 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. MU mixed-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 far 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 environxnental conditions carefully assessed. CD78:58 �,S ZONING § 78-180 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 mixed-use district: of the village. Orientation to and compatibility �1) Location. A planned mixed-use develop- with neighborhoods to be served are essential. ment is permitted only in the special Residential uses are intended to encourage the planning district identified by Policy 1.12.1 accomplishment of a more complete residential of the Future Land Use Element, as des- living environment through the application of xgnated on the future land use map con- � imaginative approaches to community develop- tained within the village comprehensive ment which establish neighborhood identity and 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 MIJ. 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. Tra�c circulation should not only which a planned mixed-use development accommodate vehicular traffic, but provide for the application is made shall contain suffi- efficient 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 deuelopment. 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 tliis chap- mixed-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- tioner be an individual, partnership or this chapter, such developments are to be in corporation, or a group of individuals, compliance with the village comprehensive devel- 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 area 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 o�cially map contained in the village comprehensive de- approved site plan of the develop- . velopment plan and as identified on the village ment, and sueh other conditions or modifications as may be attached to comprehensive zoning map as district MU. the approval. (c) Contlicts with other regulations. Where con- b. Provide agreements, covenants, con- tracts, deed restrictions or sureties flicts exist between the mixed-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 as sions, the special regulations in this section shall well as for the continuing operation apply. and maintenance of such areas, func- �� CD78:59 § 78-180 TEQUESTA CODE tions, and facilities as are not to be (6) That streets axe designed and act as amen- provided, operated or maintained at ities to the development and as quality general public expense. 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) 7.b 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. mixed-use district, the total number of �2) To reduce the number and length of auto- dwelling units permitted in the mixed-use mobile trips to relieve traffic congestion. district shall be computed on the basis of 18 dwelling units per gross acre for all (3) To 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) 'Ib provide defined public spaces and atreets basis of 24 dwelling uni�s 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) To provide sites for civic buildings. feet above average finish grade. (6) To provide flexibility for the development (e) Site plan reuiew. 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 mixed- <: � development plans for the mixed-use district shall use district are as follows: - be subject to review and approval by the village (1) Single-family dwellings. council. (2) �vo-family dwellings. (f� Urban design principles. The following ur- ban design principles shall be considered as guide- �3) Multiple-family dwellings. lines in all development proposals of the mixed- (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 trian and the automobile. square feet of gross leasable area is al- 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 al- (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. Amaximum 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 unit. blocks. (8) Recreation/open space. CD78:60 � '� ZONING § 78-180 (i) Special exception uses. Special exception (j) Accessory uses. Accessory uses allowed in uses in the mixed-use district are as follows: the mixed-use district are as follows: (1) Restaurants (including carryout). (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) Civic/culturaUinstitutional 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) P�anned mixed-use development required. (8) Adult congregate living facility (ACLF). Planned mixed-use development (PMUD) 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 parcels 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 (h)(4), (3) Carwash (that is not an accessory use). (5), (6), (7) and (8) of this section in excess of 3,500 square feet (large scale retail (4) Motel. sales and service) which are in conformity 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 � Flea markets, indoor or outdoor. so as not to conflict or interfere with (g) Automobile repair facilities, including ga- other vehicle or pedestrian traffic rages and body shops. utilizing the site. b. A bypass traffic lane shall be pro- (10) Kennels or pet hospitals with boarding vided if a one-way traffic flow pat- facilities. 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 development 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 the 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 t n b § 78-180 TEQUESTA CODE provided the spirit and intent of the regulations (2) Right-of-way width. The minimum width and standards are complied with in the develop- of rights-of-way within the MU district is ment of the mixed-use district. as follows: (1) Parking requirements. On-street and off- a. Major street (collector): 50 feet. street parking shall be allowed within the b. Minor street (collector): mixed-use district. The minimum number of required parking spaces to be provided 1. 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 mixed-use development (PMIJD). (4) Schedule of site regulations. Site regulations in the MU district are as follows: a. Minimum lot size 3,200 square feet b. Minimum lot width 40 feet c. Ma�mum lot coverage: ' ;.� Residential 62% Commercial: For a single minimum sized lot 60% For two or more lots or parcels in excess of the minimum sized lot 70% under unity of title d. Minimum front yard setback: Residential 10 feet Commercial 0 feet e. Minimum side yard setback: Residential: On one side 0 feet On remaining side 7 feet Commercial: On both sides where commercial abuts commercial 0 feet Where commercial abuts residential 7 feet f. Minimum rear yard setback: Residential 10 feet Commercial: Where commercial abuts commercial 0 feet Where commercial abuts residential 10 feet g. Minimum living area requirements Not applicable h. Minimum landscaped/open space: Residential 25% ' Commercial 25°l0 CD78:62 1� ZONING § 78-224 (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 MU 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 sha11 apply (Code 1977, app. A, § IX(C)) within the MIT mixed-use district. (Code 1977, app. A, § VII(D)(9)) Sec. 78-224. 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 ARTICLE VII. PLANNED RESIDENTIAL context clearly indicates a different meaning. All DEVELOPMENTS {PRD) definitions appearing in section 78-4 shall be applicable to this article except to the extent of Sec. 78-221. Purpose and intent. inconsistency with any special definitions con- - tained in this section. The purpose of this article is to encourage the accomplishment of a more complete residential Adult congregate liuing 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 exist within the same facility. ment regulations to planned res- planned residential development (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 flexibility 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 � � � � �� � � �� ° �� v ' § 78-228 TEQUESTA CODE The number of sales models shall not c. The temporary permit shall be valid exceed eight in number, and they shall for a period of one year. not be connected to water and sewer fa- d. Requests for extensions 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 m�imum 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. Execution of a notarized mobile home not in conflict with right-of-way and set- removal agreement is required. back requirements of this chapter and f. No addition or adjuncts shall be per- chapter 66. 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. 78-229-78-250. 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 COMMERCIAL 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 �e purpose of this article is to allow the approval by the village 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 office 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 house trailer shall be (Code 1977, app. A, § IX-A(A)) maintained. Sec. 78-252. Applicability of land develop- , b. Sanitary facilities must have ap- 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 .22 ZONING § 78-255 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 spe- 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. 78-2b3. 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. exception 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. 7&254. Special definitions. 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 village used in this article, shall haye 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 commercial development shall be under self-contained and readily identifiable develop- unity 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 mix 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. Flexibility 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 commerciaT 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 mixed 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 or title planned and designed to be developed in a modifications as may be attached to single operation or by a series of prescheduled the special exception. cn7s:71 ?,3 § 78-255 TEQUESTA CODE b. Provide agreements, covenants, con- c. Recreational uses. tracts, deed restrictions, or sureties Any use within the RJOP 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 review. 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 expense. 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) Confaguration of site. Any tract of land for thereof, shall also be platted prior to which a planned commercial development the issuance of a building permit for application is made shall contain suffi- any land included within the site cient width, depth, and frontage on a P l� publicly dedicated 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) Deuelopment phasing controls. Should a �:; ��� planned commercial development be con- a. Residential uses. structed in phases, in addition to the l. 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 area 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 are 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 � b. Commercial uses. or as an integral part of the main buildings; however, the residential 1. Retail sales and service. dwellings shall not be issued a cer- tificate of occupancy prior to issu- 2. Business service. 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 cn7s:72 2� ' ZONING § 78-256 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! infrastructure/services prior to or con- a. The following percentages express 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 commercial develop- tions. ment, or any subsequent phase thereof, Property developrnent regulations for planned shall follow a common architectural theme commercial developments are as follows: throughout the entire development. The - theme shail 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 exhibit 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 ofthe 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 services. 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 shall concurrent with the development im- the overall dwelling unit density exceed pacts. Compliance with this requirement the m�imum permitted density of 18 CD78:73 Z�j § 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 exceed 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 shall maintain front- a. The design and site development for age or direct view of physical access single-family structures shall be on anyarterial or collector bordering guided by the schedule of site regu- or tra�ersing 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. A suitable 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- c. 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- erations) prior to 6:00 a.m. or con- d. Existing trees and other natural fea- tinue activities later than 11:00 p.m. tures of the site shall be preserved. except 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 � f � _ !� ZONING § 78-258 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 desirable trees, thereto shall be by public streets. views within and beyond the site, f. Arterial and collector streets sha11 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 e�rist, 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- his judgment. ing and turning lanes and traffic (3) Garbage and refuse collection. medians shall be required where ex- a. Outdoor collection stations shall be isting and anticipated heavy traffic flows indicate needed controls. Mi- provided in a planned commercial nor streets within the PCD shall not development for garbage and trash connect with minor streets in adja- removal when individual collection cent developments in such a way so is not made and indoor storage is not as to encourage through traffic. 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 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 a.nd circulation be- vided with self-closing gates to pro- tween buildings and other impor- vide access to the containers. 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- c. Access and circulation for firefight- ments. ing equipment, furniture moving (Code 1977, app. A, § IX-A(G)) vans, garbage collection, deliveries and other large utility vehicles shall Sec. 78-258. Issuance of construction per- be planned with the appropriate de- mits prior to recording of �nal sign criteria as determined by the plat. village engineer. (a) Permanent structures and facilities. I�10 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 �� ORDINANCE NO. 602 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, PROVIDING FOR THE ADOPTION OF THE BUDGETS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2005; AND . PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is necessary for the Village to adopt the budgets for this fiscal year commencing October l, 2005; and WHEREAS, the Village of Tequesta, Palm 13each County,: Florida held two public hearings as required by Florida Statute 200.065; and WHEREAS, the Village of Tequesta of Pa1m Beach County, Florida, set forth the appropriations and revenue estimate for the Budget for Fiscal year 2006 in the amount of $19,997,179.00. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA AS FOLLOWS: � SECTION 1.: 'The budgets for the Fiscal Year commencing October 1, 2405, attached hereto and marked "Exhibit A" and made a part of this Ordinance aze hereby adopted. SECTION 2.: The Village Manager is hereby authorized to execute "Intra-fund" budget transfers within the line item appropriations of individual Village Fund Budgets, in accordance with the procedures of the Village Council that separate transfers in excess of $5,000.00 are to be submitted, for information to the Village Council through the Consent Agenda. The Finance Director through the Village Manager will advise the Village Council at any time that additional reserves are required that will ultimately result in the original budget being exceeded. SECTION 3.: The Village Council has elected to review the budget as provided by the Village Manager and the Finance Department, at their first regularly scheduled meeting in April, or more frequently as needed. SECTION 4.: Effective Date. This Ordinance shall take effect immediately upon its passage and approval.