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ZONING § 78-173 i
Secs. 78-144-78-170. Reserved. (3) Private clubs.
(4) Parks and recreation facilities owned and
DIVISION 2. SCHEDULE OF USE operated by the village.
REGULATIONS
(5) Day care facilities, as may be required,
Sec. 78-171. Scope. regulated and licensed by applicable state
statutes and agencies.
This division establishes the use regulations �6) Foster care facilities, as may be required,
for development within the village. For other regulated and licensed by applicable state
more specific requirements, see the supplemental statutes and agencies.
district regulations in article IX of this chapter.
(Code 1977, app. A, § VII(D)) (7) Group homes, as may be required, regu-
lated and licensed by applicable state
Sec. 78-172. R-lA single-family dwelling dis- statutes and agencies.
trict.
,. (e) Prohibited uses and structures. The follow-
(a) Purpose. It is the purpose and intent of the ing uses and structures are prohibited in the R-lA
R-lA single-family dwelling district to provide district:
lands within the village for single-family residen- � use or structure not specifically or by
tial uses of the lowest population density, consist- reasonable implication permitted in this
ing of no more than one dwelling unit per any section as a permitted use, accessory use
platted lot. Density shall not exceed 3.6 dwelling or permissible by special exception.
units per gross acre based on a minimum 12,000- (Code 1977, a A§ VII(D)(1))
square-foot lot size. This district recognizes the � '
need to provide areas within which the tradi-
tional single-family residence can thrive and can See. 78-173. R-1 single-family dwelling dis-
be protected from the more intense activities of trict.
other land uses. (a) Purpose. It is the purpose and intent of the
(b) Permitted uses. Permitted uses in the R-lA R-1 single-family dwelling district to provide lands
district are as follows: within the village for single-family residential
uses, consisting of no more than one dwelling unit
Single-family dwellings. per any platted lot. Density shall not exceed 5.4
(c) Accessory uses. Accessory uses allowed in dwelling units/gross acre based on a minimum
the R-lA district are as follows: 8,000-square-foot lot size. As in the R-1A district,
this district also recognizes the need for tradi-
Private garages, swimming pools, spas tional single-family areas, however, at a slightly
and hot tubs, cabanas and saunas, green- higher density.
houses, tennis courts, private docks, util-
ity buildings, gazebos and any other sim- (b) Permitted uses. Permitted uses in the R-1
ilar uses deemed appropriate by the district are as follows:
building official. Single-family dwellings.
(d) Special exception uses. Special exception ��� Accessary uses. Accessory uses allowed in
uses in the R-lA district are as follows:
the R-1 district are as follows:
(1) Churches with or without accessory pre- private garages, swimming pools, spas
school facilities, schools and publicly owned and hot tubs, cabanas and saunas, green-
and operated community buildings. houses, tennis courts, private docks, util-
(2) Public utility structures and buildings ity buildings, gazebos and any other sim-
such as water pumping plants, electric ilax use deemed appropriate by the building
substations, and police and fire stations. official.
� CD78:45
173 TEQUESTA CODE
(d) Special exception uses. Special exception (c) Accessory uses. Accessory uses allowed in
uses in the R-1 district are as follows: the R-2 district are as follows:
(1) Churches with or without accessory pre- Private garages, swimming pools, spas
school facilities, schools and publicly owned and hot tubs, cabanas and saunas, green-
and operated community buildings. houses, tennis courts, clubhouses, private
(2) Public utility structures and buildings docks, utility buildings, gazebos and any
such as water pumping plants, electric other similar use deemed appropriate by
substations, and police and fire stations. the building official.
(3) Parks and recreation facilities owned and (d) Special exception uses. Special exception
operated by the village. uses in the R-2 district are as follows:
(4) Day care facilities, as may be required, (1) Marina facilities.
regulated and licensed by applicable state
statutes and agencies. (2) Public utility structures and buildings
(5) Foster care facilities, as may be required, such as water pumping plants, electric
regulated and licensed by applicable state substations, and police and fire stations.
statutes and agencies. (3) Nurseries, private kindergartens, day care
(6) Group homes, as may be required, regu- centers and schools.
lated and licensed by applicable state
statutes and agencies. (4) Churches and publicly owned and oper-
ated community buildings.
;) Prohibited uses and structures. The follow-
�..� uses and structures are prohibited in the R-1 (5) 'I�wo-family or multiple-family dwellings
district: in excess of two stories or 30 feet in height
to a maximum of three stories or 35 feet.
Any use or structure not specifically or by
reasonable implication permitted in this (6) Planned residential developments (PRD).
section as a permitted use, accessory use
or permissible by special exception. (7) Community antenna systems.
(Code 1977, app. A, § VII(D)(2))
(8) Parks and recreation facilities owned and
Sec. 78-174. R-2 multiple-family dwelling dis- operated by the village.
trict. (9) Foster care facilities, as may be required,
(a) Purpose. It is the purpose and intent of the regulated and licensed by applicable state
R-2 multiple-family dwelling district to provide statutes and agencies.
lands within the village for a range of residential
multiple-family uses that should be applied within ( Group homes, as may be required, regu-
the medium density designated areas of the vil- lated and licensed by applicable state
lage comprehensive development plan. In no event statutes and agencies.
shall density exceed 12 dwelling units per gross
acre. (e) Prohibited uses and structures. The follow-
ing uses and structures are prohibited in the R-2
(b) Permitted uses. Permitted uses in the R-2 district:
district are as follows:
Any use or structure not specifically or by
(1) Single-family dwellings. reasonable implication permitted in this
') Two-family dwellings. section as a permitted use, accessory use
or permissible by special exception.
�3) Multiple-family dwellings. (Code 1977, app. A, § VII(D)(3))
� CD78:46
;
ZONING § 78-176
Sec. 78-175. R-3 multiple-family dwelling dis- (e) Prohibited uses and structures. The follow-
trict. ing uses and structures are prohibited in the R-3
district:
(a) Purpose. It is the purpose and intent of the � use or structure not specifically or by
R-3 multiple-family dwelling district to provide reasonable implication permitted in this
lands within the village for a higher density range
of multiple-family residential uses. In no event section as a permitted use, accessory use
shall density exceed 12 dwelling units per gross or permissible by special exception.
acre. This district is further intended for develop- (Code 1977, app. A, § VII(D)(4))
ment of concentrated residential populations and
should be applied only within the high density Sec. 78-176. C-1 neighborhood commercial
designated areas as depicted by the comprehen- district.
sive development plan. (a) Purpose. It is the purpose and intent of the
(b) Permitted uses. Permitted uses in the R-3 C-1 neighborhood commercial district to provide
district are as follows: lands within the village as depicted on the official
zoning map for limited retail sales and business
Multifamily dwellings. service activities primarily designed to serve res-
idential neighborhoods of the village. The district
(c) Accessory uses. Accessory uses allowed in is not intended for use by major or large scale
the R-3 district are as follows: commercial or service concerns. Professional and
business offices and service establishments and
Private garages, swimming pools, spas uses that specifically address the needs of sur-�
and hot tubs, cabanas and saunas, green- rounding residents are encouraged. Orientation
houses, tennis courts, clubhouses, private to and compatibility with neighborhoods to be
docks, dune crossovers, utility buildings, served are critical.
gazebos and any other similar uses deemed
appropriate by the building official. (b) Permitted uses. Permitted uses in the C-1
district are as follows:
(d) Special exception uses. Special exception
uses in the R-3 district are as follows: (1) Retail sales and services.
(1) Churches, schools and publicly owned and (2) Business services.
operated community buildings. (3) Professional services.
(2) Public utility structures and buildings (4) Personal services.
such as water pumping plants, electric
substations, police and fire stations. (5) Restaurants.
(3) Marina facilities. (6) Libraries, art galleries and museums.
(4) Community antenna systems. (c) Accessory uses. Accessory uses allowed in
the C-1 district are as follows:
(5) Parks and recreation facilities owned and Any accessory use customarily incidental
operated by the village. to a permitted use.
(6) Foster care facilities, as may be required, (d) Special exception uses. Special exception
regulated and licensed by applicable state uses in the C-1 district are as follows:
statutes and agencies.
(1) Public utility structures and buildings
(7) Group homes, as may be required, regu- such as water pumping plants, water treat-
lated and licensed by applicable state ment plants, sewage plant lift stations,
statutes and agencies. electric substations, and police and fire
• CD78:47
�-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. � 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. G2 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. way 1 automotive traff`ic. 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
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
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) 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 entire ACLF. 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 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 so- 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
�t-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 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 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 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 shail 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 chaptex. 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) 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
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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. 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
5001ineal feet from e�usting 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 1. 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-
£ 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,
CD78:51
-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.
a. Size shall be regulated with a mini- g• The site plan for proposed motor
mum of two acres and a maximum of vehicle dealer establishments shall
eight acres. Motor vehicle dealer es- include, but not be limited to, the
tablishments shall be prohibited from following:
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
;
ZONING § 78-177
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, subject property.
illuminating only 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, 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 this
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- 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 y �1 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
g-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 e�usting 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-
r' � general commercial district to provide lands days.
iin the village as depicted on the official 4. No opening for business before
.....�ing map and thereby encourage the develop- 7:00 a.m.
CD78:54
:i
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;
ZONING § 78-178
c. The use of banners, flags, streamers, 2. Delineation of an employee
balloons or any similar device shall parking area 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 parking 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.
kind. 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 �_ �l "tent" sales, as well as all "tele-
rental of used motor vehicles as the thon," "marathon," "24 hours," etc.,
principal primary purpose or func- sales efforts or campaigns of any
tion for which any building, land type shall be prohibited.
area or premises is utilized shall be
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 illumi-
cate of occupancy for the motor vehi- nate the premises shall be directed
cle dealer establishment shall be con- away from adj acent 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- media 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 being
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
�-178 TEQUESTA CODE
windshield, window, roof, hood, trunk, establishments must provide on-site
side panels, etc.) shall be prohibited. waste retention facilities for chemi-
However, nothing in this subsection cal and petroleum products.
shall be construed to prohibit provi- �,, No outdoor public address or paging
sion of required vehicular informa- system of any kind shall be permit-
tion stickers or labels as may be ted at any motor vehicle sales estab-
required by federal, state or other lishment.
law.
x. All vehicles for sale, rental or dis-
p. Motor vehicle dealers shall be sub- play, not located within an enclosed
ject to the requirements of article IX, structure, must be parked at grade.
division 2 of this chapter and all
other applicable sections of this chap- (c) Accessory uses. Accessory uses allowed in
ter. the C-3 district are as follows:
q. All vehicle storage areas shall be �Y accessory use customarily incidental
fenced or walled ot�: Designated ve- to a permitted use.
hicle storage areas shall be con- (d? Special exception uses. Special exception
tained within the rear yaxd 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, 15 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 shall be hedged, land- ited.
scaped, buffered and irrigated in ac- b. Such use shall be operated for the
cordance with village landscape reg- benefit of inembers only and not as a
ulations, article IX, division 4 of this business concern.
chapter. Additionally, a 15-foot buff-
ered landscaped area separating the (3) Theaters.
front yard of the property from abut- a. All presentations, shows and events
ting right-of-way shall be required. shall be conducted entirely within a
u. The use of raised or open hoods, building.
trunks and doors for advertisement b. No presentations, shows or events
or attention seeking purposes shall shall be started after 11:00 p.m.
be prohibited. Utilization of unusual
parking alignments such as "back (4) Full-service fuel station or gas station,
end first" configurations for adver- provided:
tisement or attention seeking pur- a. There shall be a main building set-
poses shall also be prohibited. back from all right-of-way lines of 40
v. Stormwater runoff must be retained feet.
on-site in accardance 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 § 78-178
c. A minimum six inches in height raised k. No body damaged vehicle or vehicle
curb shall be required at all right-of- components of any ki.nd 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 subject to all special require-
ter, except as provided for in subsec- ments for fuel dispensing businesses
tion (d)(4)e 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 �� division 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-
line. tion, including obstructions of land-
f. To ensure that sufficient room be scaping and fuel service islands.
provided on either side of the fuel d. The proposed store shall incorporate
pumps without intruding upon side- into its construction and operation
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-
from 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 from 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 be
located and conducted within an en- exempted if the conve-
closed building or structure. nience store employs two
CD78:57
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 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.
(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
t7) 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 R/OP district.
not to conflict or interfere with other
vehicle or pedestrian traffic utilizing �e) Prohibited uses and structures. The follow-
the site. ing uses and structures are prohibited in the
RIOP district:
b. A bypass lane shall be provided if a � use or structure not specifically or by �
one-way traffic flow pattern is uti-
lized in the parking lot. reasonable implication permitted in this
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. 7&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 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
(Lode 1977, app. A, § VII(D)(7)) and environmental conditions carefully assessed.
CD78:58
ZONING § �g.lgp
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 develo
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 ignated 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 MU.
provide lands for a range of residential uses from
lower density single-family to higher density res- (2) Con�guration of site. Any tract of land for
idential uses. Traffic 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
��, 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- t3) 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- 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 mi�red-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 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
modifications as may be attached to
comprehensive zoning map as district MU. the approval.
(c) Conflicts cuith 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
"�-180 TEQUESTA CODE
tions, and facilities as are 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 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 xnixed-
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.
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) To 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) To provide sites for civic buildings.
feet above average finish grade.
(6) To provide flexibility for the development
�) Site plan review. In adherence to Policy strategies that evolve over time.
.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.
(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 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
1
,
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%ulturaVinstitutional 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 deuelopment 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 �8� 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 tra�c 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 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
� 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 of� 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. �vo-way street: 50 feet.
shall be determined from section 78-?05, 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 MLT district. Alternate drain-
frontage areas of the property may be age systems shall be approved at the
included in the total calculations for meet- discretion of the village council during the
ing the minimum required parking re- site plan review process for a proposed
quirements. planned mixed-use development (PMUD).
(4) Schedule of site regulations. Site regulations in the MU district are as follows:
� Minimum lot size 3,200 square feet
Minimum lot width 40 feet
c. Maximum lot coverage:
Residential 62%
Commercial:
For a single minimum sized lot 60%
For two or more lots or parcels in excess of the minimum sized lot 70°l0
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
� i
�
� .i
i
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 witb 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 MU mixed-use district.
(Code 1977, app. A, § VII(D)(9)) Sec. 78-224. Special definitions.
Secs. 78-181-78-220. 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 context clearly indicates a different meaning. All
DEVELOPMENTS (PftD) 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 sexvices (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. 7&222. Applicability of land develop- ous levels may exist 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 ma�cimizes 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