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§ 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 maximum of two years for the
approved by the appropriate government initial approval and subsequent ex-
agencies. tensions.
(2) Gate house, for internal project security, if e. 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—?8-250. 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. PLANN�D COMMERCIAL ,
residential development. DEVELOPMENTS (PCD)
(b) Temporary structures and facilities. Per- Sec. 78-251. Purpose and intent.
mits for temporary structures xnay be issued prior
to recording a final plat but not before site plan The purpose of this article is to allow the
approval by the 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
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 generally § 1
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. 78-253. Conflicts with other regulations. mercial developments:
Where conflicts exist between the special (1) Location. As set forth in the schedule of
planned commercial development regulations in use regulations in article VI, division 2 of
this article and general zoning, subdivision, and this chapter, a planned commercial devel-
other applicable ordinance provisions, the special opment is permitted only as a special
regulations in this article shall apply. 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. 78-254. Special de�nitions. mercial development shall be the same as
provided for in the C-2 zoning district;
The following words, terms and phrases, when however, at the discretion of the village
used in this article, shall have the meanings council, building heights may be increased
ascribed to them in this section, except where the to a maximum of four stories or 50 feet.
context clearly indicates a different meaning. All (3) Minimum site area. No site shall qualify
definitions appearing in section 78-4 shall be for a planned commercial development
applicable to this article except to the extent of unless the development consists of a con-
inconsistency with any special definitions con- tiguous area of at least three acres.
tained in this section.
(4) Unity of title. All land included for pur-
Planned commercial development (PCD) means pose of development within a planned
a contiguous tract of land which functions as a 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. Fle�ubility of site design allows for devia- firm evidence of the unity of title of the
tion from standard site development regulations entire area within the proposed planned
of the zoning district in which the development is commercial development and shall state
located. PCDs not only allow for combining vari- agreement that, if he proceeds with the
ous building types and uses, but also allow for proposed development, he will:
compatible 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.
CD78:71
§ 78-255 TEQUESTA CODE
b. Provide agreements, covenants, con- c. Recreational uses.
tracts, deed restrictions, or sureties Any use within the R10P 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) Configuration of site. Any tract of land for thereof, shall also be platted prior to
which a planned commercial development the issuance of a building permit for
application is made shall contain su�- any land included within the site
cient width, depth, and frontage on a p i�
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
1. Single-family uses as provided requirements of article IX, division 2 of
for in a PRD. this chapter, the following sequence must
be adhered to:
2. Any uses within the R-2 and
R-3 zoning districts which are a. If a residential land 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
or as an integral part of the main
b. Commercial uses. 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 ofthe main
4. Personal service. buildings.
5. Restaurant. c. The gross density of any commercial
6. Theater. and residential portion within a PCD
shall not exceed 18 dwelling units
7. Private club. per gross acre of that portion of the
CD78:72
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. Ali 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 development regulations for planned
shall follow a common architectural theme commercial developments are as follows:
throughout the entire development. The
theme shall be established during the site (1) Applicability; modifacations. 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 o ment shall be
p 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 of the PCD. The village coun-
this section and as defined in section 78-4. cil may, at its discretion, require adher-
ence to established zoning district require-
(14) Required public facilities and 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 maximum permitted density of 18
CD78:73
§ 78-256 TEQUESTA CODE
dwelling units per gross acre of that por- p.m. of each and every day. This is
tion of the PCD platted as commercial and not intended to preclude the use of
residential area. on-site security lighting. .
(2) Maximum site coverage. The total ground e. Outdoor storage. No outdoor storage
floor building area of all roofed buildings of inerchandise shall be permitted.
and structures shall not 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 any arterial or collector bordering
guided by the schedule of site regu- or traversing the planned commer-
lations for the R-1 zoning district in cial development site.
section 78-143. (Code 1977, app. A, § IX-A(F))
b. The design and site development for Sec. 78-257. Design criteria.
multiple-family structures shall be
guided by the schedule of site regu- All planned commercial developments shall
lations for the R-2 zoning district in observe and accommodate in the design solution
section 78-143. the following objectives and requirements:
(4) Commercial and residential design regu- (1) General objectives.
lations. a. 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- d. Existing trees and other natural fea-
erations) prior to 6:00 a.m. or con- tures of the site shall be preserved.
tinue activities later than 11:00 p.m.
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
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 shall
and exposure to the sun and other connect with similarly classified
buildings on the site. streets in adjacent developments. If
(2) Access and circulation. no streets exist, the village engineer
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 j udgment.
ing and turning lanes and tr�c (3) Garbage and refuse collection.
medians shall be required where ex- a. Outdoor collection stations shall be
isting and anticipated heavy traffic provided in a planned commercial
flows indicate needed controls. Mi- development for garbage and trash
nor streets within the PCD shall not removal when individual collection
connect with minor streets in adja- is not made and indoor storage is not
cent developments in such a way so
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 and circulation be- vided with self-closing gates to pro-
tween buildings and other impor- �de 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. No res-
d. Streets shall not occupy more land idential or commercial construction permits shall
than is required to provide access as be issued unless the site plan has been approved
indicated, or create unnecessary frag- and the final plat for the entire development or
mentation of the development into phase of development has been recorded as a plat
CD78:75
§ 78-258 TEQUESTA CODE
of record. However, permits for permanent struc- sewage disposal facilities must be
tures and facilities may be issued prior to record- obtained from the village depart-
ing a final plat but not before the overall site plan ment of community development.
has been approved under the following conditions
for the following uses: c. The temporary permit shall be valid
for a period of one year.
(1) Sales model, erected on the site pursuant
to all applicable codes and ordinances. d. Requests for extensions of time be- .
The number of sales models shall not yond the initial one-year approval
exceed eight in number, and they shall shall be made to the village council
not be connected to water and sewer fa- on forms prescribed by the village.
cilities until a plat of record has been In no case sha11 the total time exceed
recorded for the master plan area in which a maximum of two years for the
the models are located. One of the sales initial approval and subsequent ex-
models may be used for a temporary real tensions.
estate sales office if sanitary facilities are
approved by the appropriate government e. Execution of notarized mobile home
agencies.
removal agreement is required.
(2) Public utility or private service and acces- f. No additions or adjuncts shall be
sory building and structure, if in compli- permitted to the mobile home except
ance with all applicable rules and regula- approved awnings and demountable
tions governing such facilities. screen panels.
(Code 1977, app. A, § IX-A(H))
(3) Accessory recreation facility and club, in
conjunction with the open space or recre-
ation land use system of the planned Secs. 78-259-78-280. R,eserved.
commercial development.
(b) Temporary structures and facilities. Per- ,�,TICLE IX. SUPPLEMENTAL
mits for temporary structures may be issued prior REGULATIONS
to recording a final plat, but not before site plan
approval by the village council, under the follow-
ing conditions for the following uses: DIVISION 1. GENERALLY
(1) Construction trailer. Use of this facility
shall be limited to storage and on-site Sec. 78-281. Applicability.
office work. The facility is not to be inhab-
ited overnight. The district regulations of this chapter shall be
subject to the provisions and exemptions in this
(2) Watchmen mobile home. Use of this facil- article.
ity allows overnight habitation if in com- (Code 1977, app. A, § X)
pliance with the following:
a. The mobility of the vehicle used as a Sec. 78-282. Structures exempt from height
mobile home or house trailer shall be limitations.
maintained.
b. Sanitary facilities must have ap- Chimneys, water tanks, elevator lofts, church
proval of all governmental agencies spires, flagpoles and parapet walls may be erected
having appropriate jurisdiction and above the height limits established by this chap-
permits and inspections for neces- ter.
sary electric and water supply and (Code 1977, app. A, § X(A)(1)(a))
CD78:76
