HomeMy WebLinkAboutDocumentation_Local Planning Agency_Tab 03_07/17/2014 ORDINANCE NO. 14-14
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING. AT
ARTICLE VI. SCHEDULE OF DISTRICT REGULATIONS. DIVISION 2.
SCHEDULE OF USE REGULATIONS. BY PROVIDING FOR INTERNAL
CONSISTENCY, UPDATING CERTAIN TERMINOLOGY CONSISTENT
WITH STATE LAW, REQUIRING THE USE OF EMERGENCY BACKUP
GENERATORS FOR CERTAIN GASOLINE SERVICE STATIONS AND
CONVENIENCE STORES, PROVIDING FOR ADULT
ENTERTAINMENT AS A SPECIAL EXCEPTION USE IN THE C-3
ZONING DISTRICT, AND INCREASING THE SQUARE FOOTAGE
SIZE FOR CERTAIN PERMITTED USES IN COMMERCIAL AND
MIXED USE ZONES; PROVIDING THAT EACH AND EVERY OTHER
SECTION AND SUB-SECTION OF CHAPTER 78. ZONING. SHALL
REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED;
PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
WHEREAS, the Village Council desires to update its zoning code use regulations to
provide for internal consistency, to provide updated references to state law terminology, to
require the use of emergency generators for certain gasoline service and convenience stores, to
provide for adult entertainment as a special exception use in the C-3 Zoning District, and to
increase the square footage for certain permitted uses in commercial and mixed use zones; and
WHEREAS, the Village Council believes the code amendments contained in this
ordinance will be in the best interests of the Citizens of the Village of Tequesta.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article VI. Division 2, to provide for internal consistency, to provide
updated references to state law terminology, to require the use of emergency generators for
certain gasoline service and convenience stores, to provide for adult entertainment as a special
exception use in the C-3 Zoning District, and to increase the square footage for certain permitted
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uses in commercial and mixed use zones; providing that Chapter 78, Article VI. Division 2 shall
hereafter read as follows:
DIVISION 2. SCHEDULE OF USE REGULATIONS
Sec. 78-171. Scope.
Sec. 78-172. R-lA sing�le-familv dwellin� district.
Sec. 78-173. R-1 sin�le-family dwelling district.
Sec. 78-174. R-2 multiple-family dwelling district
Sec. 78-175. R-3 multiple-familv dwellin� district.
Sec. 78-176. C-1 nei�hborhood commercial district.
Sec. 78-177. C-2 community commercial district.
Sec. 78-178. C-3 �eneral commercial district.
Sec. 78-179. R/OP recreation/open space district.
Sec. 78-180. MU mixed-use district.
Secs. 78-181-78-220. Reserved.
Sec. 78-171. Scope.
This division establishes the use regulations for development within the village.
For other more specific requirements, see the supplemental district regulations in article
IX of this chapter.
Sec. 78-172. R-lA single-family dwelling district.
(a) Purpose. It is the purpose and intent of the R-lA single-family dwelling district to
provide lands within the village for single-family residential uses of the lowest
population density, consisting of no more than one dwelling unit per any platted
lot. Density shall not exceed 3.6 dwelling units per gross acre based on a
minimum 12,000-square-foot lot size. This district recognizes the need to provide
areas within which the traditional single-family residence can thrive and can be
protected from the more intense activities of other land uses.
(b) Permitted uses. Permitted uses in the R-lA district are as follows:
Single-family dwellings.
(c) Accesso�y uses. Accessory uses allowed in the R-lA district are as follows:
Private garages, swimming pools, spas and hot tubs, cabanas and saunas,
greenhouses, tennis courts, private docks, utility buildings, gazebos and
any other similar uses deemed appropriate by the Director of Communitv
Develobment "���'�'�r� ^������.
(d) Special exception uses. Special exception uses in the R-lA district are as follows:
(1) Schools and publicly owned and operated community buildings.
(2) Public utility �+� �„� buildings such as water pumping plants and
electric substations�� police and fire stations.
(3) Places of assembly (any size), subject to the following conditions:
a. All presentations and events shall be conducted entirely within a
building.
b. Allowed accessory uses are: preschool and school facilities�
assembly halls, sanctuaries or similar meeting rooms� community
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centers or fellowship halls�, administrative offices related to the
facility� gift shops for merchandise related to the facility�,
playgrounds and athletic fields}, and rectory or similar residence
for facilitv r°� officials or on-site caretakers, limited to one
dwelling unit.
(4) Parks and recreation facilities owned and operated by the village.
(5) Day care facilities, as may be required, regulated and licensed by
applicable state statutes and agencies.
(6) Foster care facilities, as may be required, regulated and licensed by
applicable state statutes and agencies.
(7) Group homes, as may be required, regulated and licensed by applicable
state statutes and agencies.
(e) Prohibited uses and structu�es. The following uses and structures are prohibited
in the R-lA district:
Any use or structure not specifically or by reasonable implication
permitted in this section as a permitted use, accessory use or permissible
by special exception.
Sec. 78-173. R-1 single-family dwelling district.
(a) Purpose. It is the purpose and intent of the R-1 single-family dwelling district to
provide lands within the village for single-family residential uses, consisting of no
more than one dwelling unit per any platted lot. Density shall not exceed 5.4
dwelling units/gross acre based on a minimum 8,000-square-foot lot size. As in
the R-lA district, this district also recognizes the need for traditional single-
family areas, however, at a slightly higher density.
(b) Permitted uses. Permitted uses in the R-1 district are as follows:
Single-family dwellings.
(c) Accessory uses. Accessory uses allowed in the R-1 district are as follows:
Private garages, swimming pools, spas and hot tubs, cabanas and saunas,
greenhouses, tennis courts, private docks, utility buildings, gazebos and
any other similar use deemed appropriate by the Director of Communitv
Develonment'��•�'���� ���^���.
(d) Special exception uses. Special exception uses in the R-1 district are as follows:
(1) Schools and publicly owned and operated community buildings.
(2) Public utility �*M��*�•�-°� �r� buildings such as water pumping plants and
electric substations�� police and fire stations.
(3) Parks and recreation facilities owned and operated by the village.
(4) Day care facilities, as may be required, regulated and licensed by
applicable state statutes and agencies.
(5) Foster care facilities, as may be required, regulated and licensed by
applicable state statutes and agencies.
(6) Group homes, as may be required, regulated and licensed by applicable
state statutes and agencies.
(7) Places of assembly (any size), subject to the following conditions:
a. All presentations and events shall be conducted entirely within a
building.
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b. Allowed accessory uses are: preschool and school facilities�,
assembly halls, sanctuaries or similar meeting rooms� community
centers or fellowship halls�, administrative offices related to the
facility� gift shops for merchandise related to the facility�
playgrounds and athletic fields� and rectory or similar residence
for facilitv �gie�� officials or on-site caretakers, limited to one
dwelling unit.
(e) Prohibited uses and structu�es. The following uses and structures are prohibited
in the R-1 district:
Any use or structure not specifically or by reasonable implication
permitted in this section as a permitted use, accessory use or permissible
by special exception.
Sec. 78-174. R-2 multiple-family dwelling district.
(a) Pu�pose. It is the purpose and intent of the R-2 multiple-family dwelling district
to provide lands within the village for a range of residential multiple-family uses
that should be applied within the medium density designated areas of the village
comprehensive development plan. In no event shall density exceed 12 dwelling
units per gross acre.
(b) Permitted uses. Permitted uses in the R-2 district are as follows:
(1) Single-family dwellings.
(2) Two-family dwellings.
(3) Multiple-family dwellings.
(4) Places of assembly (750 square feet or less), subject to the following
conditions:
a. All presentations and events shall be conducted entirely within a
building.
b. Allowed accessory uses are: preschool and school facilities�
assembly halls, sanctuaries or similar meeting rooms� community
centers or fellowship halls�, administrative offices related to the
facility� gift shops for merchandise related to the facility�
playgrounds and athletic fields� and rectory or similar residence
for facilitv r°� officials or on-site caretakers, limited to one
dwelling unit.
(c) Accessory uses. Accessory uses allowed in the R-2 district are as follows:
Private garages, swimming pools, spas and hot tubs, cabanas and saunas,
greenhouses, tennis courts, clubhouses, private docks, utility buildings,
gazebos and any other similar use deemed appropriate by the Director of
Communitv Develonment'�•��'a� �������.
(d) Special exception uses. Special exception uses in the R-2 district are as follows:
(1) Marina facilities.
(2) Public utility �*� �M� buil�ings such as water pumping plants and
electric substations�� police and fire stations.
(3) Nurseries
(4) �rivate kindergartens, day care centers and schools.
(5) Publicly owned and operated community buildings.
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(6) Two-family or multiple-family dwellings in excess of two stories or 30
feet in height to a maximum of three stories or 35 feet.
(7) Planned residential developments (PRD) (subiect to the nrovisions of
article VII of this chanterl.
(8) Community antenna systems.
(9) Parks and recreation facilities owned and operated by the village.
(10) Foster care facilities, as may be required, regulated and licensed by
applicable state statutes and agencies.
(11) Group homes, as may be required, regulated and licensed by
applicable state statutes and agencies.
(12) Adult con�re�ate living facilities (includes assisted living facilities
as defined at F.S. ch. 429). Evidence that all regulations set forth in the
state law concerning such facilities have been met must be submitted to
the village prior to the issuance of a certificate of occupancy; maximum
nuxnber of units shall not exceed 12 units per acre.
(13) Places of assembly (765 sq. ft. or more), subject to the following
conditions:
a. All presentations and events shall be conducted entirely within a
building.
b. Allowed accessory uses are: preschool and school facilities�
assembly halls, sanctuaries or similar meeting rooms�, community
centers or fellowship halls� administrative offices related to the
facility� gift shops for merchandise related to the facility�
playgrounds and athletic fields� and rectory or similar residence
for facilitv �g�e�xs officials or on-site caretakers, limited to one
dwelling unit.
(e) Prohibited uses and structures. The following uses and structures are prohibited
in the R-2 district:
Any use or structure not specifically or by reasonable implication
permitted in this section as a permitted use, accessory use or permissible
by special exception.
Sec. 78-175. R-3 multiple-family dwelling district.
(a) Purpose. It is the purpose and intent of the R-3 multiple-family dwelling district
to provide lands within the village for a higher density range of multiple-family
residential uses. In no event shall density exceed 12 dwelling units per gross acre.
This district is further intended for development of concentrated residential
populations and should be applied only within the high density designated areas
as depicted by the comprehensive development plan.
(b) Permitted uses. Permitted uses in the R-3 district are as follows:
(1) Multifamily dwellings.
(2) Places of assembly (750 square feet or less), subject to the following
conditions:
a. All presentations and events shall be conducted entirely within a
building.
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b. Allowed accessory uses are: preschool and school facilities�
assembly halls, sanctuaries or similar meeting rooms� community
centers or fellowship halls� administrative offices related to the
facility�, gift shops for merchandise related to the facility�
playgrounds and athletic fields� and rectory or similar residence
for facilitv r°� officials or on-site caretakers, limited to one
dwelling unit.
(c) Accesso�y uses. Accessory uses allowed in the R-3 district are as follows:
Private garages, swimming pools, spas and hot tubs, cabanas and saunas,
greenhouses, tennis courts, clubhouses, private docks, dune crossovers,
utility buildings, gazebos and any other similar uses deemed appropriate
. by the Director of Communitv Develonment����r�- �������.
(d) Special exception uses. Special exception uses in the R-3 district are as follows:
(1) Schools and publicly owned and operated community buildings.
(2) Public utility °+m ^�� buildings such as water pumping plants and
electric substations�� police and fire stations.
(3) Marina facilities.
(4) Community antenna systems.
(5) Parks and recreation facilities owned and operated by the village.
(6) Foster care facilities, as may be required, regulated and licensed by
applicable state statutes and agencies.
(7) Group homes, as may be required, regulated and licensed by applicable
state statutes and agencies.
(8) Places of assembly (765 square feet or more), subject to the following
conditions:
a. All presentations and events shall be conducted entirely within a
building.
b. Allowed accessory uses are: preschool and school facilities�,
assembly halls, sanctuaries or similar meeting rooms� community
centers or fellowship halls} administrative offices related to the
facility� gift shops for merchandise related to the facility�
playgrounds and athletic fields� and rectory or similar residence
for facilitv r°� officials or on-site caretakers, limited to one
dwelling unit.
(e) Prohibited uses and structures. The following uses and structures are prohibited
in the R-3 district:
Any use or structure not specifically or by reasonable implication
permitted in this section as a permitted use, accessory use or permissible
by special exception.
Sec. 78-176. C-1 neighborhood commercial district.
(a) Purpose. It is the purpose and intent of the C-1 neighborhood commercial district
to provide lands within the village as depicted on the official zoning map for
limited retail sales and business service activities primarily designed to serve
residential neighborhoods of the village. The district is not intended for use by
major or large scale commercial or service concerns. Professional and business
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offices and service establishments and uses that specifically address the needs of
surrounding residents are encouraged. Orientation to and compatibility with
neighborhoods to be served are critical.
(b) Permitted uses. Permitted uses in the C-1 district are as follows:
(1) Retail sales and services, excludin� retail nacka�e liauors.
(2) Business services.
(3) Health care facilitv or medical or dental office• Professional office•
Professional services.
(4) Personal services.
(5) Restaurants, excludin� fast food restaurants, drive-in restaurants and
carrvout restaurants.
(6) Libraries, art galleries and museums.
(7) Wireless telecommunication towers and antennas located on villa e
owned bronertv, bursuant to Art. IX. Division 5.
(8) Places of assembly (750 square feet or less), subject to the following
conditions:
a. All presentations and events shall be conducted entirely within a
building.
b. Allowed accessory uses are: preschool and school facilities�
assembly halls, sanctuaries or similar meeting rooms� community
centers or fellowship halls� administrative offices related to the
facility� gift shops for merchandise related to the facility�
playgrounds and athletic fields.
(c) Accessory uses. Accessory uses allowed in the C-1 district are as follows:
Any accessory use customarily incidental to a permitted use.
(d) Special exception uses. Special exception uses in the C-1 district are as follows:
(1) Public utility �*�•�*��r°� �r� buildings such as water pumping plants, water
treatment plants, sewage plant lift stations and electric substations�
police and fire stations and any other use normally appurtenant thereto�,
"�� governmental uses ���.
(2) Shopping centers.
(3) Convenience store without fuel sales and dispensing facilities, provided:
a. The proposed site shall meet or exceed the landscaping found in
article IX, division 4 of this chapter.
b. The proposed store shall be free of all obstructions of view from
the adjacent street to the main store windows giving a clear and
unobstructed view of the cashier's station.
c. The proposed store shall incorporate into its construction and
operation fire protection devices as required by the villas�e ce�r�
fire-rescue department.
d. The proposed store shall have adequate on-site lighting that
illuminates all parking and loading areas.
e. No convenience store shall be located within 1,500 feet of any
other convenience store. For the purposes of this subsection, all
measurements of distances shall be along a straight airline route
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from the nearest point on any property line to the nearest point on
any property line of any property used as a convenience store.
f. The proposed convenience store shall have appropriate security
systems to include, but not be limited to, the following:
1. Convenience store uses shall be equipped with cameras
with video retrieval capabilities.
i. This requirement shall be exempted if the
convenience store employs two or more employees
at the same time between the hours of 11:00 p.m.
and 7:00 a.m.
ii. This requirement shall also be exempted if the
convenience store closes on a permanent basis by
11:00 p.m. or does not sell alcoholic bevera�es �
e� for consumption off-premises.
2. The convenience store may be equipped with a silent alarm
connected to the police department.
g. The proposed convenience store shall not have as a part of its
operation coin-operated amusement devices.
(4) Restaurants, cartyout.
(5) Wireless telecommunication towers and antennas located on nronertv that
is not villa�e owned. nursuant to Art. IX. Division 5.
(6) Places of assembly (765 square feet or more), subject to the following
conditions:
a. All presentations and events shall be conducted entirely within a
building.
b. Allowed accessory uses are: preschool and school facilities�
assembly halls, sanctuaries or similar meeting rooms3 community
centers or fellowship halls� administrative offices related to the
facility�, gift shops for merchandise related to the facility�
playgrounds and athletic fields.
(e) Prohibited uses and structures. The following uses and structures are prohibited
in the C-1 district:
Any use or structure not specifically or by reasonable implication
permitted in this section as a permitted use, accessory use or permissible
by special exception.
Sec. 78-177. C-2 community commercial district.
(a) Purpose. It is the purpose and intent of the C-2 community commercial district to
provide lands within the village as depicted on the official zoning map for the
development of commercial activities with a location convenient to U.S. Highway
1 automotive traffic. This district will serve the community at large and provide a
mixture of convenience goods and services that offers a greater variety of uses
than permitted at neighborhood level.
(b) Permitted uses. Permitted uses in the C-2 district are as follows:
(1) Retail sales and services, excludin� retail nacka�e liauors (which are
addressed belowl.
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(2) Business services.
(3) Health care facilitv or medical or dental office: Professional office•
Professional services.
(4) Personal services.
(5) Restaurants, excludin� fast food restaurants. drive-in restaurants and
carrvout restauxants.
(6) Bakery.
(7) Dry cleaning and laundry establishments, includin� laundromats.
(8) Places of assembly (1,500 square feet or less), subject to the following
conditions:
a. All presentations and events shall be conducted entirely within a
building.
b. Allowed accessory uses are: preschool and school facilities�
assembly halls, sanctuaries or similar meeting rooms� community
centers or fellowship halls� administrative offices related to the
facility�, gift shops for merchandise related to the facility�
playgrounds and athletic fields.
(9) Retail package liquors. However, such uses must be located in
accordance with the following regulations:
a. No retail package liquor use may be located within a 2,000 foot
radius of another retail package liquor use. The 2,000 feet shall be
measured in a straight line from main entrance door to main
entrance door.
b. No more than one retail package liquor use may be located in any
one shopping center in this zoning district.
c. Hours of operation for retail package liquor uses shall conform to
hours of operation for alcoholic beverage establishments as set
forth in Sec. 6-1 of the Code of Ordinances.
(10) Wireless telecommunication towers and antennas located on villa e
owned nrobertv, bursuant to Art._IX. Division 5.
(c) Accesso�y uses. Accessory uses allowed in the C-2 district are as follows:
Any accessory use customarily incidental to a permitted use.
(d) Special exception uses. Special exception uses in the C-2 district are as follows:
(1) Public utility °+� �r� buildings such as water pumping plants, water
treatment plants, sewage plant lift stations and electric substations��
police and fire stations and any other use normally appurtenant thereto�
libraries and governmental uses ��e�.
(2) Wireless telecommunication towers and antennas located on bronertv that
is not villa�e owned. bursuant to Art. IX. Division S�m„r;+., +o�ot,;�;,,�
� �,-„7 „�l. + � � v,� ,-, +L,o 1.,.,,.,,7,..,�+;,-,,. ;..,�„��,.<, ,,...,]
..,�......,.�.,� ..�,�...� .,.ii.�i �yrv vi
k tu t �� i n b� "cm�uPP ar�cnuxr�corcn��c
(3) Planned commercial development ('-'PCD'-') subiect to the nrovisions of
article VIII of this chabterl.
(4) Adult congregate living facility (ACLF) ��-e�-��t����:�a�
��� VTTT „�+�,;� ,.�..,r+o,.� provided:
�
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a. An adult congregate living facility shall contain an extended care
facility as a component of the development in order to be deemed
an adult congregate living facility.
b. The minimum site for an adult congregate living facility life care
and extended care shall be two acres.
c. All adult congregate living facilities and extended care facilities
shall provide sufficient staff to operate the facility in a proper
manner as required by the minimum standards of the state
department of health and rehabilitative services, and shall provide
facilities which meet the physical, recreational, emotional, and
social life needs of the residents of the facility.
d. All facilities containing more than one story shall have an elevator
large enough to carry a stretcher.
e. No portable heaters or other dangerous appliances shall be used in
such facilities.
f. All facilities shall conform to applicable village codes and
ordinances, including building, electric, plumbing, fire prevention
and state department of insurance minimum fire safety standards
for adult congregate living facilities.
g. No building permits shall be issued unless a license has first been
obtained from the Florida A�encv for Health Care Administration
AHCA ��c���nt�������'''��_�� and
any other permitting agency as required by law, including the
provisions of this chapter.
h. The applicant shall provide transportation to the facility in a form
and manner acceptable to the village council.
i. The residence may have individual kitchen facilities in addition to
the central kitchen andJor facility which shall be provided for the
residents of the entire ACLF. Such central kitchen dining shall
provide at least two meals per day to the residents of the facility.
j. An application for special exception for each such facility shall
contain a market analysis which demonstrates the viability and
need for the facility to be built or established at the proposed
location set forth within the application. For these purposes, the
market analysis shall contain, but not be limited to, the following
determinations:
1. Determination of the service area of the proposed facility.
2. Determination of the service area population, present and
future.
3. Statement of need.
k. Maximum residential density is as follows:
1. Adult congregate living facilities: Facilities wherein each
separate room or group of rooms is designed or intended
for use as a residence by an individual or family. The
ma�imum allowable density for such facilities may be up
to, but not exceeding, 18 units per net acre.
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2. Extended care facilities: Facilities wherein beds axe
provided for residents in the nature of a nursing or
convalescent home. Each bed shall be equal to one-quarter
dwelling unit.
1. The adult congregate living facility shall, by separate agreement,
guarantee payment to the primary fire rescue provider for patient
ambulance transport service.
m. All facilities shall be equipped with an emergency backup
generator system. The system shall be of sufficient size and power
for the facility's maximum occupancy load and shall have a fuel
source sufficient to operate the facility for a minimum of seven
days.
(5) Theaters.
a. All presentations, shows and events shall be conducted entirely
within a building.
b. No presentations, shows or events shall be started after 11:00 p.m.
(6) Indoor amusements (bowling, pool, billiards, video game arcade and
similar amusements).
(7) Restaurant, carryout.
(8) Convenience store without fuel sales and dispensing facilities, provided:
a. The proposed site shall meet or exceed the landscaping
reauirements found in the article IX, division 4 of this chapter.
b. The proposed store shall be free of all obstructions of view from
the adj acent street to the main store windows giving a clear and
unobstructed view of the cashier's station.
c. The proposed store shall incorporate into its construction and
operation fire protection devices as required by the villa e se�-�
fire-rescue department.
d. The proposed store shall have adequate on-site lighting that
illuminates all parking and loading areas.
e. No convenience store shall be located within 1,500 feet of any
other convenience store. For the purposes of this subsection, all
measurements of distance shall be along a straight airline route
from the nearest point on any property line of any property used as
a convenience store.
f. The proposed convenience store shall have appropriate security
systems to include, but not be limited to, the following:
l. Convenience store uses shall be equipped with cameras with
video retrieval capabilities. T��•��°��°r, *"�°
i. This requirement shall be exempted if the convenience
store employs two or more employees at the same time
between the houxs of 11:00 p.m. and 7:00 a.m.�€
ii. This requirement shall also be exempted if the
convenience store closes on a permanent basis by 11:00
p.m. or does not sell alcoholic bevera�es '�°°r �r «n�°
for consumption off-premises.
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2. The convenience store may be equipped with a silent alarm
connected to the police department.
g. The proposed convenience store shall not have as a part of its
operation coin-operated amusement devices.
(9) Reserved.
(10) Libraries, art galleries and museuxns.
(11) Full-service fuel station or gasoline service station, provided:
a. Full-service fuel stations or gasoline service stations shall be
located fronting along U.S. Highway l.
b. Full-service fuel stations or gasoline service stations shall be
located a minimum of 500 lineal feet from existing or previously
approved stations.
c. There shall be a main building setback from all right-of-way lines
of 40 feet.
d. Main and accessory buildings shall be located a minimum of 50
feet from any residential district.
e. A minimum six inches in height raised curb shall be required at all
right-of-way lines, except at approved access driveway openings.
f. Curb openings and access driveway widths and locations shall
meet the requirements of article X of this chapter, except as
provided for in subsection (d)(11)g of this section. Curb openings
shall be limited to two per street frontage.
g. Where two curb openings are providing access to a single street,
they shall be separated by an approved landscape island, ten feet in
width and 25 feet in length at the right-of-way line. Curb cuts for
access driveways shall be located a minimum of ten feet from any
adj oining property line.
h. To ensure that sufficient room be provided on either side of the
fuel pumps without intruding upon sidewalks or upon adjoining
� property, fuel pumps shall be located a minimum of 50 feet from
any adjoining property and a minimum of 25 feet from any street
property line.
i. All tanks, vents, pump islands and pump island or main and
accessory building canopies shall provide a minimum setback of
25 feet from any adjoining property or right-of-way.
j. Off-street loading spaces for the delivery of materials,
merchandise, fuel or any similar product shall be located in such a
manner that they are completely separate from required customer
parking spaces and access drives and aisles thereto.
k. The selling, renting or leasing of new and/or used motor vehicles,
trailers or recreational vehicles is prohibited.
1. Automotive repair work and/or servicing must be performed within
an enclosed building or structure.
m. All full-service fuel stations and �asoline service stations shall be
eauinned with an emer�encv backun �enerator svstem of sufficient
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size and nower to onerate the fuel numbin� svstems for a minimum
of seven davs.
(12) Hotels, subject to the following conditions:
a. All rooms shall be designed to be entered from enclosed interior
corridors.
b. All rooms providing glass sliding doors at first-floor grade level
shall face an interior courtyard.
c. Accessory uses shall be allowed, such as swimming pools, spas,
cabanas, saunas, tennis courts, clubhouses, gazebos, utility
buildings, restaurants and any other similar use deemed
appropriate by the building official.
d. Accessory uses shall be allowed, such as shops for the retail sale of
flowers, sundries, newspapers and books, jewelry, gifts, sportswear
and clothing, art and similar items, and barbershops or beauty
shops, subject to these uses being located within a main building.
The primary customer entry shall be from within a main building
with no exterior entry, except a secondary entry may be allowed
from an interior courtyard.
e. All recreational accessory uses, such as a swimming pool, spa,
tennis court, clubhouse, sauna and exercise room, shall be located
within a main building or within an interior courtyard. The primary
customer entry shall be from within a main building with no
exterior entry, except a secondary entry may be allowed from an
interior courtyard.
f. Hotels shall be subject to the requirements of section 78-291 and
all other applicable sections of this chapter.
(13) Motor vehicle dealers, subject to the following conditions:
a. Size shall be regulated with a minimum of two acres and a
maximum of eight acres. Motor vehicle dealer establishments shall
be prohibited from locating within 1,000 lineal feet of an existing
or previously approved motor vehicle dealer establishment within
the village.
b. Hours and days of operation shall be restricted as follows:
1. Twenty-four-hour operation is prohibited.
2. Specific closing no later than 9:00 p.m.
3. Sunday operating hours limited to 11:00 a.m. to 6:00 p.m.
4. No opening for business on Monday through Saturday
before 7:00 a.m.
c. The use of banners, #�g� streamers, balloons or any similar device
shall be prohibited. The use of fla�s and fla�noles shall be nursuant
to article XI of this chanter �° ; :���� �r �� � �� � + * a +
V{All 11{.L� J31
�rair��kC-�ccg-zi9�6 ° ciscc��ccc-�'ff�E�g�
� o+ fl.,.,T., �.,,,., � �+�,,.a.,«.7 41�.Y,�.,lo
�.�.��� �..��.�� �, .
d. All customer servicing, including washing, waxing and cleaning,
and repair of motor vehicles, shall be conducted within completely
enclosed buildings.
13
e. All parts, supplies and materials shall be located or stored within
completely enclosed buildings. Except for the parking of motor
vehicles to be sold, rented, or serviced, there shall be no outside
storage of any kind.
f. The business of the sale, brokerage, and rental of vehicles is only
to be conducted within an enclosed showroom. Outdoor vehicular
parking is for customers, display and storage purposes only. The
dealership must maintain a valid license with the state department
of motor vehicles at all times.
g. The site plan for proposed motor vehicle dealer establishments
shall include, but not be limited to, the following:
1. Delineation of the customer parking area and the
configuration of the parking spaces for the customer
parking area.
2. Delineation of an employee parking area and the
configuration of the parking spaces for the employee
parking area.
3. Delineation of the required enclosed vehicle showroom
building.
4. Delineation of an acceptable outdoor vehicle display area
and the configuration of the parking spaces for the display
area.
5. Delineation of any proposed vehicle storage area.
h. Motor vehicle dealers shall be required to provide a vehicle
showroom building of no less than 3,000 gross square feet in area.
i. Major and minor repair activities shall only be accessory uses to
the principal use. Major and minor repair activities are as defined
in this chapter. Paint and body shop activities or facilities shall be
prahibited.
J•
All "tent" sales, as well as all "telethon," "marathon," "24 hours,"
etc., sales efforts or campaigns of any type, shall be prohibited.
k. The use of spotlights, skylights, searchlights, or other similar high
intensity illumination lighting shall be prohibited.
l. All artificial lighting used to illuminate the premises shall be
directed away from adjacent or abutting properties, streets, alleys,
or roadways, illuminating only the subject site.
m. All radio, television, or other similar media broadcast from
anywhere on the premises shall be prohibited.
n. Any use of animated or mechanical animal, clown, etc., devices,
also, anyone carrying sales signs, advertising, or placards of any
kind, from anywhere on or adjacent to the premises shall be
prohibited.
o. All writing, lettering, pricing, advertising, or signage of any type
being placed directly upon or within any motor vehicle or part
thereof (i.e., windshield, window, roof, hood, trunk, side panels,
etc.) shall be prohibited. However, nothing in this subsection shall
14
be construed to prohibit provision of required vehicular
information stickers or labels as may be required by federal, state
or other law.
p. All motor vehicle sales establishments shall be restricted to U.S.
Highway 1 frontage. However, this shall not preclude frontage on
additional rights-of-way, provided that ingress and egress within
the additional frontage shall be prohibited. Additionally, frontage
along additional rights-of-way shall have a 15-foot buffered
landscaped area separating the property from the right-of-way.
Required frontage along U.S. Highway 1 shall be required to have
a 15-foot landscaped buffered area separating the property from
the U.S. Highway 1 right-of-way.
q. Motor vehicle dealers shall be subject to the requirements of article
IX, division 2 of this chapter and all other applicable sections of
this chapter.
r. All vehicle starage areas shall be fenced or walled off. Designated
vehicle storage areas shall be contained within the rear yard of the
subject property.
s. All applicable sign regulations of the village as nrovided in article
XI of this chanter shall be applied and met.
t. The use shall strictly conform with the village landscape
regulations, article IX, division 4 of this chapter. Additionally, 15
percent minimum of the entire site shall be devoted to living
landscaping.
u. The entire site shall be hedged, landscaped, buffered and irrigated
in accordance with village landscape regulations, article IX,
division 4 of this chapter.
v. The use of raised or open hoods, trunks and doors for
advertisement or attention seeking purposes shall be prohibited.
Utilization of unusual parking alignments such as "back end first"
configurations for advertisement or attention seeking purposes
shall also be prohibited.
w. Stormwater runoff must be retained on-site in accordance with
South Florida Water Management District guidelines. All motor
vehicle sales establishments must provide on-site waste retention
facilities for chemical and petroleum products.
x. No outdoor public address or paging system of any kind shall be
permitted at any motor vehicle sales establishment.
y. All vehicles for sale, rental or display, not located within an
enclosed structure, must be parked at grade.
(14) Shopping centers.
(15) Places of assembly (1,515 square feet or more), subject to the
following conditions:
a. All presentations and events shall be conducted entirely within a
building.
15
b. Allowed accessory uses are: preschool and school facilities�
assembly halls, sanctuaries or similar meeting rooms�, community
centers or fellowship halls� administrative offices related to the
facility� gift shops for merchandise related to the facility�
playgrounds and athletic fields.
(16) Publicly owned and operated community buildings.
(17) Restaurants, fast food, subject to the following conditions:
a. Each drive-up window stacking lane must be clearly designed and
marked so as not to conflict or interfere with other vehicle or
pedestrian traffic utilizing the site.
b. A bypass traffic lane shall be provided if a one-way traffic flow
pattern is utilized in the parking lot design.
c. All restaurants, fast food, shall be restricted to U.S. Highway 1
frontage.
d. A minimum 15-foot landscape buffer shall be provided at all
public road rights-of-way, in addition to the requirements set forth
in article IX, division 4 of this chapter.
(18) Adult axcade amusement centers ("adult arcades") upon a
determination by the village council that the proposed use is consistent
with the provisions of F.S. § 849.161, and subject to the following
additional standards. This regulation shall not apply to bona fide charitable
organizations that have been awarded Section 501(c)(3), status under the
Internal Revenue Code of the United States, and which may operate five
or fewer games of amusement, chance or skill on their premises.
a. Definition. An adult arcade is defined herein as an amusement
center, game room, or other enterprise, at which electronic,
mechanical, coin, ticket, token, card, or other similarly operated,
computer, video or other similar games of amusement, chance or
skill are played, whether for consideration or not. The presence of
games or gaming devices that axe similar to, or in the nature of,
slot machines shall result in a rebuttable presumption that the
establishment at which such machine is located is an adult arcade
as defined herein.
b. Location. No special exception shall be granted for a new adult
arcade or to permit the substantial enlargement or transfer of
ownership or control of an adult arcade, to be located within 2,500
feet of the property line of a property assigned a land use
designation or zoning classification that permits residential uses,
another adult arcade, a public or private school, a day care facility,
a church or house of worship, a public library, an alcoholic
beverage establishment, or a public park. The required 2,500 feet
minimum separation shall be measured by drawing a straight line
between the nearest point on the perimeter of the property line of
the proposed adult arcade use, to the nearest property line of the
other existing use. An adult arcade shall not be located within the
same development, planned unit development, plaza, shopping
16
center, retail office or industrial park, as any other adult arcade
regardless of the separation distances.
c. Operational requirements.
l. Adult arcades shall not be open to the public before 9:00
a.m. or after 9:00 p.m.
2. An employee of the adult arcade who is 21 years of age or
older, shall be on the premises of the adult arcade to
supervise the operation thereof during all hours of
operations.
3. No alcoholic beverages, including beer or wine, may be
brought to, sold, distributed, or consumed on the premises
of any adult arcade.
4. No person under the age of 18 years shall be permitted on
the premises of an adult arcade unless such person is
accompanied by a paxent or legal guardian.
5. An adult arcade shall not discriminate based upon race,
creed, gender, national origin, religion, or physical
handicap.
6. The use of gift certificates, gift cards, and/or other similar
items of value or cash substitutes are strictly prohibited.
7. Prizes shall be limited to $5.00 retail value per day, and
shall be confined to use on the premises.
8. All machines and devices must comply with state laws,
rules, regulations and prohibitions, pertaining to slot
machines, and shall be in full compliance with F.S. §
849.161, as amended.
9. Law enforcement and village code enforcement officers
shall have full access to enter and inspect any machine at
any time to ensure compliance with the provisions of this
section, and the requirements of the Florida Statutes.
10. The use, operation, or provision of any machine, computer,
server, cellular telephone, or wireless, electronic, or other
equipment or device, in or upon the premises of any adult
arcade, for the purpose of gambling, gaming, wagering,
betting, accessing cyber or virtual casinos, Internet
gambling websites, lotteries, bingo games, or participating
in any way in any other gaming or gambling activities
(whether making, transmitting, or receiving bets, wagers,
etc.) is strictly prohibited. No owner or operator of any
adult arcade shall provide or make available any such
equipment for use by its patrons and other persons on the
premises, nor shall the owner or operator permit the use of
any such device by any person while on the premises. All
state of Florida and Federal Internet gaming laws,
prohibitions, and statutes, as are adopted and may be
17
amended from time to time, are hereby incorporated by
reference into this section.
11. The violation of any of the provisions of this section shall
constitute sufficient grounds for the village council's
revocation of the special exception for the adult arcade.
d. Signage. The use of any imagery or graphics on a sign referencing
gambling or games of chance including, but not limited to, slot
machines, poker wheels, or any other similar machine or device is
prohibited and unlawful, when visible from the exterior of the
adult arcade, including, but not limited to, wall signage and
window signage. The use of strip, neon or flashing lighting is
prohibited and unlawful. All si�ns shall comnlv with article XI of
this chanter.
e. Parking. The parking requirements for an adult arcade shall be
prescribed in the development order granting the special exception.
f. Supplemental special exception requiNements. The following
supplemental requirements shall apply to all adult arcades, and
shall be set forth as conditions of approvals, in all development
orders granting a special exception for an adult arcade.
1. The property owner and/or the person or entity operating or
conducting the adult arcade shall regularly inform the
village manager, or designee, of any changes in the
information required in this section.
2. No person or entity shall operate or conduct an adult arcade
in the village without first pavin� the anbrobriate business
t� and obtaining a business tax receint u:� ^^ �
�sg from both the village and Palm Beach County.
3.
A business tax receint �^^^„„�+;���� �;�°�� for an adult
arcade use shall not be issued by the village, if any person
with an interest in the enterprise or business operating the
adult arcade, or an employee of the business, has been
convicted of a violation of a federal or state law or statute,
or any local ordinance pertaining to gambling or any other
crime involving moral turpitude within seven (7) years
preceding the application for the special exception.
g. Supplemental business tax receint ee-e-tt�+��t ����e���
requzrements. These supplemental requirements shall apply to each
subsequent owner and operator of an adult arcade operating under
a special exception approval. As a prerequisite to the issuance of a
business tax receint �^����r�*��r�' '�^°r�° for an adult arcade by
the village, an inspection shall be made of the premises by the
village manager, or designee, building official, fire chief, chief of
police, or their designee, each of whom must consent to the
issuance of such business tax receint �;,�•�r�*�^ �������. In
addition to the requirements of chapter 70 of this Code, the
18
applicant for a business tax receint u� ��^��r�*�^^�� ��� for an
adult arcade, must provide the following information to the
satisfaction of the village:
1. Proof that the applicant for a business tax receint �
~��+;���' ';�°r�° for an adult arcade is at least 21 years
vvv u
of age.
2. The name under which the enterprise or business is to be
conducted.
3. The location at which the enterprise or business is to be
operated.
4. The name, address, telephone numbers, date of birth,
driver's license number, and principle occupation of every
person with an interest in the enterprise or business of the
adult arcade.
5. The number (quantity) of the machines and other such
equipment to be located on the premises of the adult
arcade.
6. A complete description of each machine to be located on
the premises of the adult arcade, including at a minimum
the name of the manufacturer(s), serial numbers, name,
type, or description of each machine, name of the actual
owner(s) of each machine with address(s) and phone
number(s), including any person or entity with a financial
or an equitable interest, and all UCC financing statements.
7. Whether the applicant has ever been engaged in operating a
gaming or gambling house, card room, games of chance, an
amusement arcade, of any type or nature, and when, where,
and how long in each place within the five years preceding
the date of the application.
h. Machine registration requirements. Registration of each
amusement device however operated, is required at the time the
application for a business tax receibt �:� �� ���*��r�� ������� is
submitted and the machine registration must be renewed annually
at the time the business t� receint ;,;,��� is renewed.
For each machine registered in the village, a numbered metal or
plastic decal shall be issued by the village to the applicant for each
machine and must be prominently displayed by the applicant of
where the machine is to be operated in the �ie� premises, the
manufacturer of the machine, the manufacturer's serial number,
and the software version if any. Registration decals are not
transferable from person to person, business to business, location
to location, or machine to machine. The registration decal for each
machine shall be attached thereto and in plain view at all times.
The failuxe of any machine to display a current registration decal
shall be a violation of this section and subject to enforcement
action by the village. No machine will be eligible for a registration
19
decal if its operation involves any material elements of chance
unless:
1. The applicant submits with the application, satisfactory
proof that the applicant has registered with the United
States Department of Justice pursuant to 15 United States
Code 1171, and
2. The applicant submits with the application, all records
required by Federal law to be maintained by those who
register under 15 United States Code 1171, and certifies the
machine bears the permanent marking required by Federal
law.
3. The applicant shall keep the registered machines, the
records of acquisition, location and disposition required by
Federal Law, and records of prize awards open to law/code
enforcement inspection at any time.
i. Peace disturbances, gambling, intoxicated persons, minors. No
tenant, lessee, licensee or owner of any adult arcade, or any
servant, agent, or employee of such a licensee or owner, shall
permit upon the premises of an adult arcade, any of the following:
1. Disorderly persons.
2. Gambling or the use of, possession, or presence of
gambling paraphernalia, as defined in Chapter 849, Fla.
Stat., or wagering, betting, gambling andlor gaming via the
Internet, such as in virtual or cyberspace casinos or
otherwise, as more specifically prohibited herein.
3. Intoxicated or substance impaired persons.
4. Loud noise, sounds or music to emanate from the adult
arcade, which noise, sounds, or music is disturbing to the
surrounding properties, as brohibited bv chabter 30 article
X.
5. Any tenant, lessee, licensee or owner, or any servant, agent,
or employee of an adult arcade, shall be presumed to have
permitted the conduct enumerated in this section if it occurs
on premises housing an adult arcade.
(19) Microbrewery.
(e) Prohibited uses and structures. The following uses and structures are prohibited
in the G2 district:
Any use or structure not specifically or by reasonable implication
permitted in this section as a permitted use, accessory use or permissible
by special exception.
( fl Property development Negulations (see also table inset in section 78-143
(1) Building height. The allowable height for buildings in the C-2 zoning
district shall be a maximum of four stories or 50 feet above the average
finished grade; provided however that a building height of up to five
stories or 70 feet above the average finished grade may be allowed if one
full story of underground/subterranean parking is provided. In addition, if
20
a PCD special exception use is approved in the C-2 zoning district, a
petitioner may request an increase in building height as part of the site
plan approval, and the village council may as part of the site plan
approval, increase the building height of a building(s) in a PCD, to a
maximum of five stories or 70 feet, pursuant to subsection 78-255(2).
(2) Setbacks. The minimum setback for principal and accessory structures in
the C-2 district shall be as follows:
Front yard setback: 25 feet, provided however, that four- and five-story
buildings shall provide an additional five feet of setback for each story
above 50 feet;
Rear yard setback: Ten feet, provided however, that no rear yard setback
shall be required if the property abuts a railroad right-of-way or spur track;
Side yard setback: Ten feet except a 20-foot side yard setback shall be
required at any intersecting street and where a property is contiguous with
any non-commercial zoning district.
(3) Minimum site area, lot width, and coverage requirements. The minimum
site area shall not be less than 7,500 square feet. The minimum lot width
shall not be less than 75 feet. The maximum lot coverage shall not exceed
40 percent.
(4} Open space. The minimum percentage of landscaped open space is 25
percent.
Sec. 78-178. C-3 general commercial district.
(a) Pu�pose. It is the purpose and intent of the C-3 general commercial district to
provide lands within the village as depicted on the official zoning map and
thereby encourage the development of a general variety of commercial uses which
provide a wide range of goods and services.
(b) Permitted uses. Permitted uses in the C-3 district are as follows:
(1) Retail sales and services.
(2) Business services.
(3) Health care facilitv or medical or dental office: Professional office•
Professional services.
(4) Personal services.
(5) Retail package liquors, ceel� lounges and bars.
(6) Restaurants, excludin� fast food restaurants. drive-in restaurants and
carrvout restaurants.
(7) Nurseries.
(8) Florists.
(9) Printing establishments.
(10) Carwash.
(11) Bakery.
(12) Automotive repair establishments.
(13) Dry cleaning and laundry establishments, includin� laundromats.
(14) Wholesale establishments.
(15) General service and repair establishments.
21
(16) Wireless telecommunication towers and antennas located on
villa�e owned nrobertv. bursuant to Art. IX. Division 5.
(1�� Motor vehicle dealers, subject to the following conditions:
a. Size shall be regulated with a minimum of two acres and a
maximum of five acres. Motor vehicle dealer establishments shall
be prohibited from locating within 1,000 lineal feet of an existing
or previously approved motor vehicle dealer establishment within
the jurisdictional boundaries of the village.
b. Hours and days of operation shall be restricted as follows:
l. �e-24-hour operation is nrohibited.
2. Specific closing no later than 9:00 p.m.
3. Must remain closed on Sundays.
4. No opening for business before 7:00 a.m.
c. The use of banners, � streamers, balloons or any similar device
shall be prohibited. The use of fla�s and fla�noles shall be nursuant
to article XI of this chanter ±?� <—�r .�,,,,,« �µs ;,?;�.� �„ �,,,,��;,,*�`� �
ne-x�e�-a�r-e ����--�e�e-e���=���-�
fv+ �,,.,,,.. � ,,,.,, ., �+„r,a„r,a � i
avv�� 11V YY11 11V111 U �
d. All customer servicing, including washing, waxing and cleaning,
and repair of motor vehicles, shall be conducted within completely
enclosed buildings.
e. All parts, supplies and materials shall be located or stored within
completely enclosed buildings. Except for the parking of the motor
vehicles to be sold, rented, or serviced, there shall be no outside
storage of any kind.
f. The sale or rental of used motor vehicles shall only be an accessory
to the principal use of the building, land area or premises. The sale
or rental of used motor vehicles as the principal primary purpose or
function for which any building, land area or premises is utilized
shall be prohibited. The motor vehicle dealer must be in possession
of a state department of motor vehicles franchised dealer license
prior to the opening of the facility. The certificate of occupancy for
the motor vehicle dealer establishment shall be conditioned by the
requirement that the motor vehicle dealer establishment ownership
be in possession of a state'department of motor vehicles franchised
motor vehicle dealer license for the site of the motor vehicle dealer
establishment prior to opening for business.
g. The site plan for proposed motor vehicle dealer establishments
shall include, but not be limited to, the following:
1. Delineation of the customer parking area and the
configuration of the parking spaces for the customer
parking area.
2. Delineation of an employee parking area and the
configuration of the parking spaces for the employee
parking area.
22
3. Delineation of the required enclosed new vehicle
showroom building.
4. Delineation of an acceptable outdoor vehicle display area
and the configuration of the parking spaces for the display
area.
5. Delineation of any proposed vehicle storage area.
h. No more than 50 percent of the required designated outdoor
vehicle display area may be utilized for the display of used motor
vehicles.
i. Motor vehicle dealers shall be required to provide a new vehicle
showroom building of no less than 3,000 gross square feet in area.
All "tent" sales as well as all "telethon ""marathon ""24 hours "
�• > > > >
etc., sales efforts or campaigns of any type�shall be prohibited.
k. The use of spotlights, skylights, searchlights, or other similar high
intensity illumination lighting shall be prohibited.
l. All artificial lighting used to illuminate the premises shall be
directed away from adjacent or abutting properties, streets, alleys,
or roadways, illuminating only the subject site.
m. All radio, television, or other similar media broadcast from
anywhere on the premises shall be prohibited.
n. Any use of animated or mechanical animal, clown, etc., devices,
also, anyone carrying sales signs, advertising, or placards of any
kind, from anywhere on or adjacent to the premises shall be
prohibited.
o. All writing, lettering, pricing, advertising, or signage of any type
being placed directly upon or within any motor vehicle or part
thereof (i.e., windshield, window, roof, hood, trunk, side panels,
etc.) shall be prohibited. However, nothing in this subsection shall
be construed to prohibit provision of required vehicular
information stickers or labels as may be required by federal, state
or other law. �
p. Motor vehicle dealers shall be subj ect to the requirements of article
IX, division 2 of this chapter and all other applicable sections of
this chapter.
q. All vehicle storage areas shall be fenced or walled off. Designated
vehicle storage areas shall be contained within the rear yard of the
subj ect property.
r. All applicable sign regulations of the village as provided in article
IX of this chabter shall be applied and met.
s. The use shall strictly conform with the village landscape
regulations, article IX, division 4 of this chapter. Additionally, 15
percent minimum of the entire site shall be devoted to living
landscaping.
t. The entire site shall be hedged, landscaped, buffered and irrigated
in accordance with village landscape regulations, article IX,
division 4 of this chapter. Additionally, a 15-foot buffered
23
landscaped area separating the front yard of the property from
abutting right-of-way shall be required.
u. The use of raised or open hoods, trunks and doors for
advertisement or attention seeking purposes shall be prohibited.
Utilization of unusual parking alignments such as "back end first"
configurations for advertisement or attention seeking purposes
shall also be prohibited.
v. Stormwater runoff must be retained on-site in accordance with
South Florida Water Management District guidelines. All motor
vehicle sales establishments must provide on-site waste retention
facilities for chemical and petroleum products.
w. No outdoor public address or paging system of any kind shall be
permitted at any motor vehicle sales establishment.
x. All vehicles for sale, rental or display, not located within an
enclosed structure, must be parked at grade.
(17) Places of assembly (1,500 square feet or less), subject to the
following conditions:
a. All presentations and events shall be conducted entirely within a
building.
b. Allowed accessory uses are: preschool and school facilities�
assembly halls, sanctuaries or similar meeting rooms� community
centers or fellowship halls� administrative offices related to the
facility� gift shops for merchandise related to the facility�
playgrounds and athletic fields.
(18) Veterinary office.
(c) Accessory uses. Accessory uses allowed in the C-3 district are as follows:
Any accessory use customarily incidental to a permitted use.
(d) Special exception uses. Special exception uses in the C-3 district are as follows:
(1) Public utility �+M �ra buildings such as water pumping plants, water
treatment plants, sewage plant lift stations and electric substations�
police and fire stations and any other use normally appurtenant thereto�
libraries and governmental uses ��.
(2) Places of assembly (1,515 sq. ft. or more), subject to the following
conditions:
a. All presentations and events shall be conducted entirely within a
building.
b. Allowed accessory uses are: preschool and school facilities�
assembly halls, sanctuaries or similar meeting rooms� community
centers or fellowship halls� administrative offices related to the
facility� gift shops for merchandise related to the facility�
playgrounds and athletic fields.
(3) Theaters.
a. All presentations, shows and events shall be conducted entirely
within a building.
b. No presentations, shows or events shall be started after 11:00 p.m.
(4) Full-service fuel station or gasoline service station, provided:
24
a. There shall be a main building setback from all right-of-way lines
of 40 feet.
b. Main and accessory buildings shall be located a minimum of 50
feet from any residential district.
c. A minimum six inches in height raised curb shall be required at all
right-of-way lines, except at approved access driveway openings.
d. Curb openings and access driveway widths and locations shall
meet the requirements of article X of this chapter, except as
provided for in subsection (d)(4)e of this section. Curb openings
shall be limited to two per street frontage.
e. Where two curb openings are providing access to a single street,
they shall be separated by an approved landscape island, ten feet in
width and 25 feet in length at the right-of-way line. Curb cuts for
access driveways shall be located a minimum of ten feet from any
adj oining property line.
f. To ensure that sufficient room be provided on either side of the
fuel pumps without intruding upon sidewalks or upon adjoining
property, fuel pumps shall be located a minimum of 50 feet from
any adjoining property and a minimum of 25 feet from any street
property line.
g. All tanks, vents, pump islands and pump island or main and
accessory building canopies shall provide a minimum setback of
25 feet from any adjoining property or right-of-way.
h. Off-street loading spaces for the delivery of materials,
merchandise, fuel or any similar product shall be located in such a
manner that they are completely separate from required customer
parking spaces and access drives and aisles thereto.
i. The selling, renting or leasing of new and/or used motor vehicles,
trailers or recreational vehicles is prohibited.
j. All oil drainage pits, hydraulic lifts and mechanical repair work
shall be located and conducted within an enclosed building or
structure.
k. No body damaged vehicle or vehicle components of any kind or
condition shall be exposed to view from a public road right-of-
way.
1. All full-service fuel stations and �asoline service sta tions shall be
eauibned with an emer�encv backub �enerator svstem �f sufficient
size and bower to oberate the fuel bumnin� svstems for a minimum
of seven davs.
(5) Convenience store, provided:
a. The proposed convenience store shall be subject to all special
requirements for fuel dispensing businesses (full service fuel
stations and �asoline service stationsl if the proposed store is to
include such use.
b. The proposed site shall meet or exceed the landscaping
reauirements found in article IX, division 4 of this chapter.
25
c. The proposed store shall be free of all obstructions of view from
the adjacent street to the main store windows giving a clear and
unobstructed view of the cashier's station, including obstructions of
landscaping and fuel service islands.
d. The proposed store shall incorporate into its construction and
operation fire protection devices as required by the villa�e c�
fire-rescue department.
e. The proposed store shall have adequate on-site lighting that
illuminates all parking, loading and fuel service islands.
f. No convenience store shall be located within 1,500 feet of any
other convenience store. For the purposes of this subsection, all
measurements of distances shall be along a straight airline route
from the nearest point on any property line to the nearest point on
any property line of any property used as a convenience store.
g. The proposed convenience store shall have appropriate security
systems to include, but not be limited to, the following:
l. Convenience store uses shall be equipped with cameras
with video retrieval capabilities.
h. This requirement shall be exempted if the
convenience store employs two or more employees
at the same time between the hours of 11:00 p.m.
and 7:00 a.m.
iii. This requirement shall also be exempted if the
convenience store closes on a permanent basis by
11:00 p.m. or does not sell alcoholic bevera�es �
e�-� for consumption off-premises.
2. The convenience store may be equipped with a silent alarm
connected to the police department.
i. The proposed convenience store shall not have as a part of its
operation coin-operated amusement devices.
j. All convenience stores that include fuel disbensin� services shall
be eauinbed with an emer�encv backun �enerator svstem nf
sufficient size and bower to oberate the fuel numbin� svstems for a
minimum of seven davs.
(6) Wireless telecommunication towers and antennas located on bronertv that
is not village owned bursuant to Art IX, Division 5 �;,,�z����� ��
t°�e�-a�°���aj -����� � .
vr �cc - �rrcn�reAacusc
J s "' a�xirPi i�.
(7) Indoor amusements (bowling, pool, billiards, video game arcade and
similar amusements).
(8) Drive-in/fast food/carryout restaurants.
a. Each drive-in stacking lane must be clearly defined and designed
so as not to conflict or interfere with other vehicle or pedestrian
traffic utilizing the site.
b. A bypass lane shall be provided if a one-way traffic flow pattern is
utilized in the parking lot.
26
(9) Automotive repair establishments (major or minor).
(10) Shopping centers.
(11) Adult entertainment. t�ursuant to article XIII of this chanter
(e) Prohibited uses and structures. The following uses and structures are prohibited
in the C-3 district:
Any use or structure not specifically or by reasonable implication
permitted in this section as a permitted use, accessory use or permissible
by special exception.
Sec. 78-179. R/OP recreation/open space district.
(a) Purpose. The purpose and intent of the R/OP recreation/open space district is to
establish and protect certain areas which meet the recreational needs of village
residents which conserve certain environmentally sensitive areas, and which
permit limited recreational uses while conserving the environment and natural
features of those areas.
(b) Permitted uses. Permitted uses in the R/OP district are as follows:
(1) Golf courses.
(2) Neighborhood and community public recreational facilities.
(3) Places of assembly (any size), subject to the following conditions:
a. All presentations and events shall be conducted entirely within a
building.
b. Allowed accessory uses are: preschool and school facilities�
assembly halls, sanctuaries or similar meeting rooms�, community
centers or fellowship halls� administrative offices related to the
facility� gift shops for merchandise related to the facility�
playgrounds and athletic fields.
(4) Conservation areas.
(5) Access easements.
(6) Other similar recreational uses.
(c) AccessoNy uses. Accessory uses allowed in the R/OP district are as follows:
Any accessory use customarily incidental to a permitted use.
(d) Special exception t�rocess reauired �. All nermitted and accessorv uses in the
R/OP district shall under�o sbecial excention_ review as brovided in article IX
division 3 of this chanter ����o�r� -��e;������€er-�- ����
„ +t, o v inn ,a • � • +
IAVVVJJ� .
(e) Prohibited uses and structures. The following uses and structures are prohibited
in the R/OP district:
Any use or structure not specifically or by reasonable implication
permitted in this section as a permitted use, accessory use or permissible
by special exception.
Sec. 78-180. MU mixed-use district.
(a) Purpose. The purpose and intent of the MU mixed-use district is to establish a
village center which creates a vital, diverse core for the principles which utilize
mixed-use development concepts and which permit a combination of usually
separated uses within a unified development district area. Natural features should
27
be enhanced and environmental conditions carefully assessed. Commercial uses
are intended to be limited to specialty small scale retail sales and services,
business services and professional services primarily designed to serve residential
neighborhoods of the village. Orientation to and compatibility with
neighborhoods to be served are essential. Residential uses are intended to
encourage the accomplishment of a more complete residential living environment
through the application of imaginative approaches to se�it3� development
which establish neighborhood identity and communitv focus �ra ����� �� '�* *
",;+'� ""'„°" �� +'� �•" , It is further the purpose and intent of this area to
YY1L11
provide lands for a range of residential uses from lower density single-family to
higher density residential uses. Traffic circulation should not only accommodate
vehicular traffic, but provide for the efficient movement of pedestrian and bicycle
traffic.
(b) Applicability of development �egulations to mixed-use development. Although
mixed-use development produced in compliance with the provisions and
requirements of this section and other regulations as set forth and detailed in this
chapter may depart from the strict application of property development
regulations expressed in this chapter, such developments are to be in compliance
with the village comprehensive development plan and platted of record in
accordance with the procedures for approval of subdivision plats in chapter 66.
The mixed-use development provisions set forth in this section shall be utilized in
the review of all future development proposals for the special planning area as
identified in Policy 1.12.1 of the Future Land Use Element, as designated on the
future land use map contained in the village comprehensive development plan and
as identified on the village comprehensive zoning map as district MU.
(c) Conflicts with other regulations. Where conflicts exist between the mixed-use
district special regulations in this section and general zoning, subdivision and
other applicable ordinance provisions, the special regulations in this section shall
apply.
(d) General requirefnents and special �egulations. The following general
requirements and special regulations shall apply to planned mixed-use
development within the mixed-use district:
(1) Location. A planned mixed-use development is permitted only in the
special planning district identified by Policy 1.12.1 of the Future Land Use
Element, as designated on the future land use map contained within the
village comprehensive development plan and as identified on the village
comprehensive zoning map as district MU.
(2) Configuration of site. Any tract of land for which a planned mixed-use
development application is made shall contain sufficient width, depth, and
frontage on a publicly dedicated arterial or major street or appropriate
access thereto to adequately accommodate its proposed use and design.
(3) Unity of title. All land included for purpose of development within a
planned mixed-use development shall be under unity of title of the
petitioner for such zoning designation, whether that petitioner be an
individual, partnership or corporation, or a group of individuals,
partnerships or corporations. The petitioner shall present firm evidence of
28
the unity of title of the entire area within the proposed planned mixed-use
development and shall state agreement that, if he proceeds with the
proposed development, he will:
a. Do so in accord with the officially approved site plan of the
development, and such other conditions or modifications as may be
attached to the approval.
b. Provide agreements, covenants, contracts, deed restrictions or
sureties acceptable to the village for completion of the undertaking
in accordance with the approved site plan as well as for the
continuing operation and maintenance of such areas, functions, and
facilities as are not to be provided, operated or maintained at
general public expense.
c. Bind his development successors in title to any commitments made
under subsections (d)(3)a. and b. of this section.
(4} Density. For the purpose of this section, if dwelling units are to be
developed as part of a proposed development within the mixed-use
district, the total number of dwelling units permitted in the mixed-use
district shall be computed on the basis of 18 dwelling units per gross acre
for all residential uses, with the following exceptions: ACLFs shall be
computed on the basis of 18 dwelling units per gross acre; and
rehabilitation facilities shall be computed on the basis of eight dwelling
units per gross acre.
(5) Building height. The maximum building height allowed shall be four
stories or 50 feet above average finish grade.
(e) Site plan �eview. In adherence to Policy 1.12.1 of the village comprehensive
development plan Future Land Use Element, all proposed development plans for
the mixed-use district shall be subject to review and approval by the village
council.
(� U�ban design principles. The following urban design principles shall be
considered as guidelines in all development proposals of the mixed-use district:
(1) That mixed use promotes economic and social well-being.
(2) That streets serve the needs of the pedestrian and the automobile.
(3) That proposed squares and plazas provide collective identity and a place
for social activity and recreation.
(4) That public buildings, facilities, and spaces are symbols of the community
and convey identity and pride through their architectural clarity and civic
functions.
(5) That carefully placed buildings delineate and define public spaces and lots
and blocks.
(6) That streets are designed and act as amenities to the development and as
quality public space.
(g) Urban design objectives. The following urban design objectives shall be
considered as guidelines in all development proposals of the mixed-use district:
(1) To bring many of the activities of daily living, including dwelling,
' shopping and other activities, within walking distance.
29
(2) To reduce the number and length of automobile trips to relieve traffic
congestion.
(3) To provide internal vehicular circulation to relieve traffic impact on
arterial roads.
(4) To provide defined public spaces and streets that allow the citizens to
observe and watch over the collective security.
(5) To provide sites for civic buildings.
(6) To provide flexibility for the development strategies that evolve over time.
(h) Permitted uses. Permitted uses in the mixed-use district are as follows:
(1) Single-family dwellings.
(2) Two-family dwellings.
(3) Multiple-family dwellings.
(4) Small-scale retail sales and service, excludin� retail nackage liauors. A
maximum 5,000 �588 square feet of gross leasable area is allowed for
each tenant area or individually owned unit.
(5) Business services. A maximum 5,000 �599 square feet of gross leasable
area is allowed for each tenant area or individually owned unit.
(6) Health care facilitv or medical or dental office• Professional office•
Professional services. A maximum 5,000 �,-588 square feet of gross
leasable area is allowed for each tenant area or individually owned unit.
(7) Personal services. A maximum 5,000 �599 square feet of gross leasable
area is allowed for each tenant area or individually owned unit.
(8) Bakeries. A maximum 5,000 �589 square feet of gross leasable area is
allowed for each tenant area or individually owned unit.
(9) Recreation/open space.
(10) Restaurants (includin� carrvoutl, A maximum 5.000 sauare feet of
�ross leasable area is allowed for each tenant area or individuallv owned
unit.
(11) Places of assembly (1,500 square feet or less), subject to the
following conditions:
a. All presentations and events shall be conducted entirely within a
building.
b. Allowed accessory uses are: preschool and school facilities�
assembly halls, sanctuaries or similax meeting rooms� community
centers or fellowship halls� administrative offices related to the
facility� gift shops for merchandise related to the facility�
playgrounds and athletic fields�, and rectory or similar residence
for facilitv r°� officials or on-site caretakers, limited to one
dwelling unit.
(i) Special exception uses. Special exception uses in the mixed-use district are as
follows:
(1) Reserved v + ,,,.., +� �•�,.i„a•r ,,,�
i��+� cw ui cxii c
(2) Public buildings and facilities.
(3) Reserved.
(4) Places of assembly (1,515 square feet or more), subject to the following
conditions:
30
a. All presentations and events shall be conducted entirely within a
building.
b. Allowed accessory uses are: preschool and school facilities�
assembly halls, sanctuaries or similar meeting rooms� community
centers or fellowship halls�, administrative offices related to the
facility� gift shops for merchandise related to the facility�
playgrounds and athletic fields� and rectory or similar residence
for facilitv r°� officials or on-site caretakers, limited to one
dwelling unit.
(5) Schools n,. „*° .,�::���c��,.�,,, i �' + �•
J/ JV11V V1J
(6) Bed and breakfast.
(7) Hotel.
(8) Adult congregate living facility (ACLF) subject to the provisions of
section 78-177(d)(4). _
(9) Gasoline service station (only fronting on U.S. Highway 1).
(10) Reserved.
(11) Railway station.
(12) Planned residential development (PRD) (subiect to the brovisions
of article VII of this chabterl.
(13) Planned commercial development (PCD) subiect to the nrovisions
of article VIII of this chabterl.
(14) Permitted uses under subsections (h)(4), (5), (6), (7)� � (8) and
10 of this section in excess of 5,000 �588 square feet includin large
scale retail sales and service) which are in conformity with the intent and
integrity of the district.
(15) Restaurants, fast food, subject to the following conditions:
a. Each drive-up window stacking lane must be clearly designed and
marked so as not to conflict or interfere with other vehicle or
pedestrian traffic utilizing the site.
b. A bypass traffic lane shall be provided if a one-way traffic flow
pattern is utilized in the parking lot design.
c. all restaurants, fast food, shall be restricted to U.S. Highway 1
frontage.
d. a minimum 15-foot landscape buffer shall be provided at all public
road rights-of-way, in addition to the requirements set forth in
article IX, division 4 of this chapter.
(16) Rehabilitation facilities, subject to the following conditions:
a. Rehabilitation facilities shall be prohibited from being located
within a one half mile radius of another rehabilitation facility.
b. Ninety percent of the dwelling units shall have a minimum of 575
square feet. The remaining ten percent of the dwelling units may
have a minimum of 500 square feet.
c. A maximum of 40 percent of the dwelling units shall be permitted
to have two bedrooms. In no case shall a dwelling unit have more
than two bedrooms. Two bedroom dwelling units shall have a
minimum of 750 square feet.
31
d. Occupant load for individuals receiving treatment shall not exceed
the number of bedrooms. Bedrooms and studio dwelling units shall
be for single occupancy only. Overall density for a rehabilitation
facility shall not exceed eight dwelling units per gross acre.
e. Dwelling units shall be configured as follows:
1. Studio units, if provided, shall have a one combination
bedroom/living areal kitchen, and a private bathroom.
2. One-bedroom units, if provided, shall have one private
bedroom, one private bathroom, private living areas and a
private kitchen.
3. Two-bedroom units, if provided, shall have two private
bedrooms, two private bathrooms, common living areas
and a common kitchen.
f. Dwelling units shall not have separate individual mailing
addresses. Rather, the rehabilitation facility shall maintain one
master address which all residents shall reside under during their
stay at the rehabilitation facility.
g. Rehabilitation facilities must be equipped with a controlled space,
effectively screened from public view, for arrivals and departures
of patients. This space shall be large enough to accommodate an
ambulance for transporting patients in and out of the facility.
h. Rehabilitation facilities shall be surrounded on all sides by a fence
or wall located as close to the property lines as is practical. The
fence or wall shall be a minimum of six feet in height but may be
as high as ten feet, measured from finished grade, in order to
ensure privacy for both rehabilitation facility patients and for
village residents. The fence or wall shall be constructed in such a
manner as to compliment and accentuate the principal structures of
the rehabilitation facility. Both the interior and exterior sides of the
fence or wall shall be landscaped in accordance with the principles
set forth at section 22-84 of the Village Code of Ordinances. If a
fence, wall or hedge is located on a corner lot or a double frontage
lot, a vehicular and pedestrian visibility triangle of a size and
dimension which complies with current traffic engineering
standards of the American Association of State Highway and
Transportation Officials (AASHTO) and the county shall be
provided in both directions from the intersection point of the
property lines.
i. The rehabilitation facility shall include a backup generator system.
The system shall be sized for the building occupancy load and
have a fuel source sufficient to operate the facility for a minimum
of seven days.
j. The rehabilitation facility shall by separate agreement guarantee
payment to the primary fire rescue provider for patient ambulance
transport service.
32
k. In conjunction with the application for special exception use, the
rehabilitation facility shall submit a security plan that includes
patient off-site visits. The security plan shall be approved by the
village council with input from the chief of police.
1. The rehabilitation facility shall, through its legal counsel or
corporate officers, submit monthly reports to the Village's
Community Development Director no later than the 15 day of the
month, that establish and document the previous month's
compliance with all rehabilitation facility funding requirements as
well as occupancy and treatment requirements and restrictions,
with an emphasis on the ratio of the number of patients receiving
outpatient treatment to the number of patients receiving short term
and extended care services. Additionally, the rehabilitation facility
shall provide the Village Manager with an annual independent
audit documenting compliance with those requirements and
restrictions during the previous calendar year, no later than June 30
of each year.
m. In conjunction with the application for special exception use, the
village may, at its discretion, secure an impact analysis study,
performed by an independent entity, detailing the proposed
rehabilitation facility's projected community wide impacts. This
study, if prepared, shall specifically address the rehabilitation
facility's potential economic impact to the village, the creation and
continuation of jobs, the potential impact on law enforcement and
criminal activity, and the potential impact on the village's
emergency medical resources. In addition, the study should address
the proposed rehabilitation facility's impact on the quality of life
for neighboring properties and the village as a whole.
n. In conjunction with the application for a business tax receipt and
the annual renewal thereof, a rehabilitation facility shall submit to
the village, in the form of a sworn affidavit by the rehabilitation
facility's legal representative who is authorized to do so, written
documentation that the rehabilitation facility is in compliance with
all requirements of this section as well as the definitional
requirements of section 78-4. Should the rehabilitation facility's
business tax receipt be issued based upon a false affidavit, the
village may seek to impose all penalties allowed by law, pursuant
to chapter 70, article II of the Village Code of Ordinances.
o. Should the rehabilitation facility at any time violate any of the
requirements of this section or any of the definitional requirements
of section 78-4, the village may obtain relief through the code
enforcement special magistrate process pursuant to chapter 2,
article IV of the Village Code of Ordinances. For purposes of the
code enforcement special magistrate process, each day that the
rehabilitation facility is found to be in violation shall be considered
a separate offense. In addition to the code enforcement special
33
magistrate process, the village may seek any and all relief available
to it by law or in equity, including, but not limited to injunctive
relief, recovery of money damages, or both.
(j) Accessory uses. Accessory uses allowed in the mixed-use district are as follows:
(1) Any accessory use customarily incidental to a permitted use.
(2) Private garages, swimming pools, spas and hot tubs, cabanas and saunas,
greenhouses, tennis courts, clubhouses, utility buildings, gazebos, and any
other similar use deemed appropriate by the building official.
(k) Planned mixed-use development review nrocess required. Use of the nglanned
mixed-use development (PMUD) review nrocess is required for all permitted,
special exception, and accessory uses within the mixed-use district except for the
develonment or re-develonment of lots or parcels of less than three acres.
(1) Prohibited uses. The following uses are prohibited in the mixed-use district:
(1) Wholesale.
(2) Warehouses.
(3) Carwash (that is not an accessory use).
(4) Motel.
(5) Motor vehicle dealer.
(6) Pawnshop.
(7) Full-service fuel station/gasoline service station.
(8) Flea markets, indoor or outdoor.
(9) Automobile repair establishments ���, including garages and body
shops.
(10) Kennels or veterinarv offices �,�� �.:»r�*�'° � ��*� ���r�;r� � •�•*•
(11) Any other use or structure not specifically or by reasonable
implication permitted in this section as a permitted use, special exception
use or accessory use.
(m)Property developinent standards. Property development standards for the mixed-
use district shall be as set forth in this subsection. However, as part of the review
and approval process by the village, the village council may modify the property
development standards, at its discretion, provided the spirit and intent of the
regulations and standards are complied with in the development of the mixed-use
district.
(1) PaNking requirements. On-street and off-street parking shall be allowed
within the mixed-use district. The minimum number of required parking
spaces to be provided shall be detertnined from section 78-705, and may
include a combination of on-street and off-street spaces. When using on-
street parking to meet a portion of the required parking for a proposed
project, only those spaces that lie within the street frontage areas of the
property may be included in the total calculations for meeting the
minimum required parking requirements.
(2) Right-of-way width. The minimum width of rights-of-way within the MU
district is as follows:
a. Major street (collector): 50 feet.
b. Minor street (collector):
1. Two-way street: 50 feet.
34
2. One-way street: 42 feet.
(3) Drainage of streets and rights-of-way. Raised curb and gutter drainage
systems shall be the preferred method utilized within the MU district.
Alternate drainage systems shall be approved at the discretion of the
village council during the site plan review process for a proposed planned
mixed-use development (PMUD).
(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. Maximum lot coverage:
Residential C2��
Commercial:
For a single minimum sized lot 60%
For two or more lots or parcels in excess of the minimum sized lot under 70%
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
Cominercial:
On both sides where commercial abuts commercial 0 feet
Where commercial abuts residential 7 feet
f. Minimum reax 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%
35
(5) Landscaping requirements. Off-street parking facilities and all properties
within the MU district shall be landscaped in accordance with article IX,
division 4 of this chapter.
(6) Signs. All wall, freestanding, monument, ceiling-mounted walkway,
project identification, composite, changeable letter and similar signs
and/or signage shall be in keeping with the purpose and intent of the
mixed-use district and shall be subject to review and approval by the
village. Sections 78-731, 78-733, 78-734, 78-735, 78-736, 78-737, and 78-
738 shall apply within the MU mixed-use district.
Secs. 78-181-78-220. Reserved.
Section 2: Each and every other section and subsection of Chapter 78. Zoning. shall
remain in full force and effect as previously enacted.
Section 3: All Ordinances or parts of Ordinances in conflict herewith be and the same
are hereby repealed.
Section 4: Should any Section or provision of this Ordinance or any portion thereof,
any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder of this Ordinance.
Section 5: Specific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance shall become effective immediately upon passage.
36