HomeMy WebLinkAboutDocumentation_Regular_Tab 18_09/11/2014 VILLAGE CLERK'S OFFICE
AGENDA ITEM TRANSMITTAL FORM
Meeting Date: Meeting Type: Regular Ordinance #: 14-14
9/11/14
Consent Agenda: No Resolution #: N/A
Originating Department: Attorney
ORDINANCE NO. 14-14, FIRST READING, 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.
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Account #: Amount of this item:
Current Budgeted Amount Available: Amount Remaining after item:
N/A
Budget Transfer Required: No Appropriate Fund Balance: No
'' • � •' • • •
•�--� . .
Department Head Submitted by Legal
Finance Director
Reviewed for Financial Sufficiency ❑ /�I�
No Financial Impact � ��
Attorney: (for legal sufficiency)
Village Manager:
Submit for Council Discussion: ,�
Approve Item: ❑
Deny Item: �
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Form Amended: 7/12/12
ORDINANCE NO. 1414
AN ORDINANCE OF THE VII.,LAGE COUNCIL OF THE VII..LAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING. AT
ARTICLE VI. SCHEDULE OF DISTRICT REGULATIONS. DIVISION 2.
SCHEDULE OF USE REGULATIONS. BY PROVIDING F�R INTERNAL
CONSISTENCY, UPDATING CERTAIN TERMINOLOGY CONSISTENT
WITH STATE LAW, REQUIItING THE USE OF EMERGENCY BACKUP
GENERATORS FOR CERTAIN GASOLINE SERVICE STATIONS AND
CONVEI�TIENCE STORES, PROVIDING FOR ADULT
ENTERTAINNN�NT AS A SPECIAL EXCEPTION U5E IN THE C-3
ZONING DISTRICT, AND INCREASING THE SQUARE FOOTAGE
SIZE FOR CERTAIN PERMITTED USES IN COMMERCIAL AND
MIXED USE ZONES; PROVIDING TAAT EACH AND EVERY OTHER
SECTION AND SUB-SECTION OF CHAPTER 78. ZONIlVG. SI3ALL
REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED;
PROVIDING A CONFLICTS CLAUSE, A SEVERABILTTY 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 upda.ted references to staxe law termi.nology, to
require the use of emergency generators for certain gasoli.ne seivice and convenience stores, to
provide for adult enterta.inment as a special exception use in the C-3 Zoning District, and to
increase the square foota.ge for certain permitted uses in commercial and mu�ed. use zones; and
WI�REAS, 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 VII.LAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1: Cha.pter 78. Zoning. of the Code of Ordina.nces of the Village of Tequesta
is hereby amended at Article VI. Division 2, to provide for internal consistency, to provide
upda.ted references to state law terminology, to require the use of emergency geaera.tors 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 Cha.pter 78, Article VI. Division 2 shall
hereafter read as follows:
DIVISION 2. SCHEDULE OF USE REGULATIONS
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Sec. 78-171. Sco�
Sec. 78-172. R-lA single-family dwellin��district.
Sec. 78-173. R-1 sin lg e-family dwelliu� district.
Sec. 78-174. R-2 multiple-family dwellin� district.
Sec. 78-175. R-3 multinle-family dwellin� district.
Sec. 78-176. C-1 neighborhood commercial district.
Sec. 78-177. C-2 communitX commercial district.
Sec. 78-178. C-3 �eneral commercial district.
Sec. 78-179. R/OP recrea,tion/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 tlus chapter.
Sec. 78-172. R-lA single-family dwelling distric�
(a) Pu�ose. 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, consisti.ng 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 aze as follows:
Single-fa.mily dwellings.
(c) Accessory uses. Accessory uses allowed in the R-lA district aze as follows:
Private gazages, swimming pools, spas and hot tubs, cabanas and sa.unas,
greenhouses, tennis courts, private docks, utility buildings, gazebos and
any other sim.ilar uses deemed appropriate by the Director of Communitv
Develonment .
(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 sfi�s�esra� 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 facilitiesg,
assembly halls, sanctuaries or similar meeting rooms}, community
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centers or fellowship halls�, admi.nistrative offices related to the
facility� gift shops for mercha.ndise related to the facility�
playgrounds and athletic fields�, and rectory or similar residence
for f cili �g�ei�s officials or on-site caretakers, limited to one
dwelling uni�
(4) Pazks and recreation facilities owned and operated by the village.
(5) Day care facilities, as may be required, regulated. and licensed by
applica.ble state sta.tutes and agencies.
(6) Foster care facilities, as may be required, regulated and licensed by
applicable state sta.tutes a.nd agencies.
(7) Group homes, as ma.y be required, regulated and licensed by applicable
state sta.tutes and agencies.
(e) Prohibited uses and str�uctures. The following uses and structures are prohibited
in the R-1 A district:
Any use or structure not specifically or by rea.sonable implication
permitted in this section as a perm.itted use, accessory use or permissible
by special exception.
Sec. 78-173. R-1 single-family dwelling distric�
(a) Purpose. It is the purpose and intent of the R-1 single-family dwelling district to
provide lands withi.n the village for single-family residential uses, consisting of no
more than one dwelling unit per any platted lo� Density shall not exceed 5.4
dwelling unitslgross 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) Pef-rnitted 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 Cammunitv
DeveloAment�g-e��a�.
(d) Special exception uses. Special exception uses in the R-1 district are as follows:
(1) Schools and publicly owned and opera.ted. community buildings.
(2) Public utility s�e�es-a� buildings such as water pumping plants, �
electric substations�� police and fire sta.tions.
(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 presenta.tions 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 facility3
playgrounds and athletic fields�, and rectory or similar residence
for fa.�'�il't � officials or on-site caretakers, limited to one
dwelling unit.
(e) Prohibited uses and structuf-es. The followi.ng 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 mnitiple-family dwelling district.
(a) Purpose. 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 withi.n the medium density designated areas of the village
comprehensive development plan. In no event shall density exceed 12 dwelling
units per gross acre.
(b) Per�nztted 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 ha11s, sanctuaries or similaz meeting rooms� community
centers or fellowship halls� administrative offices related. to the
facility¢, gift shops for merchandise related. to the facility�,
playgrounds and athletic fieldsg, and rectory or similar residence
for facilitv � officials or on-site caretakers, limited to one
dwelling unit.
(c) Accessory zeses. Accessory uses allowed in the R-2 district are as follows:
Private garages, swimming pools, spas and hot tubs, cabanas and sa.unas,
greenhouses, tennis courts, clubhouses, private docks, utility buildings,
gazebos and any other similar use deemed appropriate by the Director of
Communitv Deve�onment�t��-e�c-�.
(d) Speciad exception uses. Special exception uses in the R-2 district aze as follows:
(1) Marina facilities.
(2) Public utility sk�si�es-a�� buildings such as water pumping plants �
electric substations�,-a� 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 maxi.mum 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 sta.tutes and agencies.
(11) Group homes, as may be required, regvlated and licensed by
applica.ble state staxutes and agencies.
(12) Adult congre�ate livi.ng facilities (includes assisted livi.ng facilities
as defined at F.S. ch. 429). Evidence that all regulations set forth in the
sta,te law concerning such facilities ha.ve been met must be submitted to
the village prior to the issuance of a certificate of occupancy; maximum
number 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 aze: preschool and school facilities�
assembly ha11s, sanctuaries or similar meeting rooms�, community
centers or fellowship halls� adminis�trative offices related to the
facilityg, gift shops for merchandise related to the facilitya,
playgrounds and athletic fields� and rectory or similar residence
for af�l'�' .� officials or on-site careta.kers, limited to one
dwelling uni�
(e) Prohibited uses and stpuctuf-es. The following uses and structures aze 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) Pu�ose. It is the purpose and intent of the R-3 multiple-family dwelling district
to provide lands withi.n the village for a lugher 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 coacent�ated residential
populations and should be applied only within the high density designated areas
as depicted by the comprehensive development plan.
(b) Pef-naitted uses. Per�itted uses in the R-3 district aze as follows:
(1) Multifamily dwellings.
(2) Places of assembly (750 squaze feet or less), subject to the followi.ng
conditions:
a All presenta.tions 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 similaz meeting rooms� community
centers or fellowship hallsg, administrative offices related to the
facility� gift shops for merchandise related to the facility�,
playgrounds and athletic fields� and rectory or similar residence
for ci '�ek�ie�s officials or on-site caretakers, limited to one
dwelli.ng unit.
(c) Accessory uses. Accessory uses allowed in the R-3 district a.re 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 D' ector of Communitv Develonmen .
(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 s�s�es� buildings such as water pumping plants �
electric substations}� police and fire sta.tions.
(3) Marina facilities.
(4) Community antenna systems.
(5) Pazks and recreation facilities owned and operated by the village.
(6) Foster care facilities, as ma.y be required, regulated and licensed by
applicable state statutes and agencies.
(7) Crroup 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 presentaxions and events sha11 be conducted entirely within a
building.
b. Allowed accessory uses are: preschool and school facilities�
assembly ha11s, sanctuaries or similar meeting rooms�, community
centers or fellowship hallsg administrative offices related. to the
facility� gift shops for mercha.ndise related to the facility�
playgrounds and athletic fields� and rectory or similar residence
for acilitv � o�cials or on-site caretakers, limited to one
dwelling unit.
(e) P�ohibited uses and structures. The following uses and stsuctures ate prohibited
in the R-3 district:
Any use or structure not specifically or by reasona.ble implication
permitted in this section as a permitted use, accessory use or permissible
by special exception.
Sec. 7&176. C-1 neighborhood commercial distric�
(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 ma.p 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
ma.jor or lazge scale commercial or service concerns. Professional and business
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offices and service establishments and uses that specifically address the needs of
surroundi.ng 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) Restaura.nts� excludin� fast food. restaurants. d�ive-in restaurants and
camout restaurants.
(6) Libraries, art galleries and museums.
('n Wireless telecommunication towers and antennas located on villa�e
owned nrouerlv. uursuant to Art. IX, Division 5.
(8) Places of assembly (750 square feet or less), subject to the following
conditions:
a. All presenta.tions and events sha11 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 ha11s� 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 aze 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 s�s#�es-a�� buildings such as water pumping plants, water
treaiment plants, sewage plant lift stations and electric substations��
police and fire stations and any other use normally appurtenant thereto�,
�r-a�es� governmenta.l uses �kfi�s.
(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 sha11 be free of a11 obstructions of view from
the adj acent street to the main store wi.ndows givi.ng a clear and
unobstructed view of the cashier's station.
c. The proposed store sha11 incorporate into its construction and
opera.rion fire protecrion devices as required by the 'i 1 e�
fire-rescue department.
d. The proposed store shall have adequa.te on-site lighting tha.t
illuminates all parking and loading areas.
e. No convenience store shall be located witl�in 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 sha11 ha.ve appropriate security
systems to include, but not be limited to, the following:
1. Convenience store uses sha11 be equipped with cameras
with video retrieval capabilities.
i. This requirement sha11 be exempted if the
convenience store employs iwo or more employees
at the same time between the hours of 11:00 p.m.
and 7:00 a.m.
u. This requirement sha11 also be exempted if the
convenience store closes on a permanent basis by
11:00 p.m. or does not sell coholic bevera�es �
e�e for consumption off-premises.
2. The convenience store may be equipped. with a silent ala.rm
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, carcyout.
(5) Wireless telecommunication towers and antennas located on nronertv that
's 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 aze: preschool and school facilities�,
assembly ha11s, sanctuaries or similar meeting rooms� community
centers or fellowship halls� administrative offices related to the
facility3, gift shops for merchandise related to the facility�
playgrounds and athletic fields.
(e) P�ohibited uses and stYUCtures. The following uses and structures are prohibited
in the C-1 district:
Any use or structure not specifically or by reasonable implica.tion
permitted in this section as a permitted use, accessory use or permissible
by special exception.
Sec. 78-177. C-2 community commercial districk
(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 loca.tion 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 nackage liauors (which are
addressed belowl.
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(2) Business services.
(3) Health care facil�tv or medical or dental affice: Professional office:
Professional services.
(4) Personal services.
(5) Restaurants. excludin� fast food restaurants, drive-in restaurants and
carrvout restaurants.
(6) Bakery.
(7) Dry cleani.ng and laundry establishments includin� laundromats.
(8) Places of assembly (1,500 square feet or less), subject to the following
conditions:
a. All presenta.tions and events sha11 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 hallsg, 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 mai.n
entrance door.
b. No more than one retail package liquor use may be located in any
one shopping center in this zoni.ng district.
c. Hours of operation for retail package liquor uses sha11 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.se
wned nronertv. �ursuant to Art. IX. Division S.
(c) Accessory 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 s�t� buildings such as water pumping plants, water
treatment plants, sewage plant lift stations �$ electric substations�,—a�
police and fire sta.tions and any other use normally appurtenant thereto�,
libraries and governmental us �es.
(2) Wireless telecommunication towers and antennas located on nronertv that
is not villa,�e own.ed r�ursuant to Art. IX, Division 5
(3) Planned. commercial development ('-'PCll'-') subiect to the nrovisions of
article VIII of this chanterl.
(4) Adult congregate living facility (ACLF)
, provided:
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a. An adult congregate living facility sha11 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 ca.re
and extended care sha11 be two acres.
c. All adult congregate living facilities and extended care facilities
sha11 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 sha11 provide
facilities which meet the physical, recreational, emotional, and
sociallife needs of the residents of the facility.
d. All facilities conta,ini.ng 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 sta.te department of insurance minimum fire safety standards
for adult congregate living facilities.
g. No buildi.ng permits shall be issued unless a license has first been
obtained from the Florida A�encv for Health Care Administra.tion
(AHCAI -- and
any other permitting agency as required by law, includi.ng the
provisions of this cha.pter.
h. The applicant sha11 provide transporta,tion to the facility in a form
and manner accepta.ble to the village council.
i. The residence may have individual kitchen facilities in addition to
the central kitchen and/or 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
loca.tion set forth within the applica.tion. For these purposes, the
mazket analysis sha11 contain, but not be limited to, the following
determinations:
1. Determination of the service azea. of the proposed facility.
2. Determ.i.nation of the service area. population, present and
future.
3. Sta.tement of need.
k. Maximum residential density is as follows:
1. Adult congregate livi.ng 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
maximum 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 are
provided for residents in the na.ture of a nursing or
convalescent home. Each bed shall be equal to one-quarter
dwelling unit.
1. The ad.ult congregate living facility shall, by separa.te agreement,
gua.rantee payment to the primary fire rescue provider for patient
ambulance transport service.
m. All facilities shall be equipped with an emergency backup
genera.tor system. The system shall be of su�icient size and power
for the facility's maxi.mum occupancy load. and shall ha.ve a fuel
source sufficient to operate the facility for a minimum of seven
da.ys.
(5) Theaters.
a. All presenta.tions, shows and events sha11 be conducted entirely
within a building.
b. No presentations, shows or events sha11 be sta.rted 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
requirements found in the article IX, division 4 of this chapter.
b. The proposed store sball 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 sha11 incorporate into its construction and
opera.tion fire protection devices as required by the � se�
fire-rescue department.
d. The proposed store shall have adequa.te on-site lighting tha.t
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 sha11 be along a straight airli.ne route
from the neazest 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 li.mited to, the following:
� Convenience store uses shall be equipped with cameras with
video retrieval capabilities. �e�e •�e�s
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.�
� This requirement sha11 also be exempted if the
convenience store closes on a permanent basis by 11:00
p.m. or does not sell alcoholic bever�es �e
for consumption of� 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-opera.ted amusement devices.
(9) Reserved.
(10) Libraries, art galleries and museums.
(11) Full-service fuel station or gasoline es rvice station, provided:
a. Fu11-service fuel stations or gasoline service stations shall be
located fronting along U.S. Highway 1.
b. Full-service fuel stations or gasoline service stations shall be
loca.ted a minimum of 500 lineal feet from existing or previously
approved stations.
c. There shall be a ma.i.n 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-wa.y lines, except at approved access driveway openings.
f. Curb openings and access driveway widths and locations sha11
meet the requirements of article X of this cha.pter, except as
provided for in subsection (d)(11)g of this section. Curb openi.ngs
shall be limited to two per street fronta.ge.
g. Where two curb openi.ngs are providing access to a single street,
they sha11 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 sha11 be located a minimum of ten feet from any
adjoin.i.ng property line.
h. To ensure that sufficient room be provided on either side of the
fuel pumps without intrudi.ng upon sidewalks or upon adjoining
property, fuel pumps shall be loca.ted a minimum of 50 feet from
any adjoining property and a minimum of 25 feet from any street
properiy 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 loca.ted in such a
manner tha.t they are completely sepazate 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 withi.n
an enclosed building or structure.
m. 1 full-service fuel stations and easoline service stations shall be
eauinned wi.th an emer�encv backun �enera.tor svstem of sufficient
12
ize aud nower to onerate the fiael uumnin� svstems for a minim
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
sha11 face an interior courtyard.
c. Accessory uses sha.11 be allowed, such as swimmi.ng pools, spas,
cabanas, sa.unas, tennis courts, clubhouses, gazebos, utility
buildings, restaurants and any other similar use deemed
appropriate by the buildi.ng 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 bazbershops or bea.uty
shops, subject to these uses being located within a mai.n building.
The primary customer entry shall be from witbi.n a mai.n building
with no exterior entry, except a secondazy 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 mai.n building with no
exterior entry, except a secondary entry may be allowed from an
interior courtyazd.
f. Hotels sha11 be subject to the requixements 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 establishmeats shall
be prohibited from locating within 1,OOU lineal feet of an existing
or previously approved motor vehicle dealer establishment within
the village.
b. Hours and days of operation shall be restxicted as follows:
1. Twenty-four-hour operation is prolubited.
2. Specific closing no later than 9:00 p.m.
3. Sunda.y opera.ti.ng 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, #}ags streamers, ba.11oons or any similar device
sha.11 be prohibited. The use of fla.�s and flaQnoles shall be nursuant
to article XI of this chanter
d. All customer servicing, including waslung, waxing and cleaning,
and repair of motor vehicles, shall be conducted within completely
enclosed. buildings.
13
e. All parts, supplies and ma.terials 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 sa1e, brokerage, and rental of vehicles is only
to be conducted within an enclosed showroom. Outdoor vehicular
pazking is for customers, display and storage purposes only. The
dealership must maintain a valid license with the state deparbnent
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. Delinea.tion of the customer pazking area. and the
configuration of the parking spaces for the customer
parking area.
2. Delineation of an employee pazki.ng area. and the
configuration of the parking spaces for the employee
parking area.
3. Delineation of the required enclosed vehicle showroom
building.
4. Delinea.tion 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 tha.n 3,000 gross squa.re feet in area.
i. Major and mi.nor repair activities sha11 only be accessory uses to
the principal use. Major and aiinor repair activities are as defuied
in this cha.pter. Paint and body shop activities or facilities shall be
prohibited.
j. All "tent" sales, as well as all "telethon," "marathon," "24 hours,"
etc., sales efforts or campaigns of any type, sha11 be prohibited.
k. The use of spotlights, skylights, searchlights, or other similaz high
intensity illumination lighting shall be prohibited.
1. All artificial lighti.ng used to illumina.te the premises shall be
directed away from adjaceat or abutting properties, stxeets, alleys,
or roadways, illumi.nating only the subject site.
m. All radio, television, or other similar media broad.cast 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 preauses shall be
prohibited.
o. All writing, letteri.ng, pricing, advertising, or signage of any Type
being placed directly upon or within any motor vehicle or part
thereof (i.e., wi.ndshield, window, roof, hood, trunk, side panels,
etc.) shall be prohibited. However, nothi.ng in this subsection sha11
14
be construed to prohibit provision of r�uired. vehiculaz
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 sha11 be prohibited. Additionally, frontage
along additional rights-of-way shall ha.ve 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 sepazating the properly from
the U.S. Highway 1 right-of-way.
q. Motor vehicle dealers sha11 be subject to the requirements of article
IX, division 2 of this chapter and all other applicable sections of
this chapter.
r. All vehicle storage a.reas shall be fenced or walled off. Designated
vehicle storage azeas shall be contained withi.n the rear yard of the
subject property.
s. All applicable sign regulations of the village as provided in article
XI of this cha.nter shall be applied and met.
t. The use sha11 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.
Utili�aation of unusual parking alignments such as "back end fust"
configurations for advertisement or attention seeking purposes
sha11 also be prohibited.
w. Stormwater runoff must be retained on-site in accordance with
South Florida. Water Management District guidelines. All motor
vehicle sales establisl�ents must provide on-site waste retention
facilities for chemical and petroleum products.
x. No outdoor public address or paging system of any kind sha11 be
permitted at any motor vehicle sales establishment.
y. All vehicles for sale, rental or display, not loca.ted 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
followi.ng conditions:
a. All presenta.tions and events shall be conducted entirely withi.n a
buildi.ng.
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 uti.lizing the site.
b. A bypass traffc lane shall be provided if a one-way haffic 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 ri�hts-of-way, in addition to the requirements set forth
in article IX, division 4 of this chapter.
(18) Adult arcade amusement centers ("ad.ult azcades") 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 wluch may operate five
or fewer games of amusement, chance or skill on their premises.
a. Definitaon. An adult azcade is defined herein as an amusement
center, game room, or other enterprise, at wluch electronic,
mechanical, coin, ticket, token, card, or other similarly operated,
computer, video or other similaz games of amusement, chance or
skill are played, whether for consideration or not. The presence of
games or gaming devices thax are similar to, or in the nature of,
slot machines sha11 result in a rebuttable presumption that the
establishment at which such maclune is located is an adult arcade
as defined herein.
b. Location. No special exception sha11 be granted for a new adult
arcade or to perm.it 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 classifica.tion tha.t permits residential uses,
another adult azcade, a public or private school, a da.y care facility,
a church or house of worship, a public library, an alcoholic
bevera.ge 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 properiy line of
the proposed. adult arcade use, to the nearest property line of the
other existing use. An adult arcade shall not be located withia 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.
1. Adult arcades sha11 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, sha11 be on the premises of the adult arcade to
supervise the operation thereof during all hours of
opera.tions.
3. No alcoholic beverages, including beer or wine, may be
brought to, sold, distributed, or consumed on the premises
of any adult azcade.
4. No person under the age of 1 S years shall be permitted on
the premises of an adult arcade unless such person is
accompanied by a pazent or legal guardian.
5. An adult arcad.e shall not discrim.inate based upon race,
creed, gender, national origin, religion, or physical
handicap.
6. The use of gift certificates, gift cazds, and/or other similar
items of value or cash substitutes are strictly prohibited.
7. Prizes shall be limited to $5.00 retail value per da.y, and
sha11 be confined to use on the premises.
8. All machines and devices must comply with state laws,
rules, regulations and prohibitions, perta.ining to slot
machines, and sha11 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 tb.e Florida Sta.tutes.
10. The use, operation, or provision of any machine, computer,
server, cellulaz telephone, or wireless, electronic, or other
equipment or device, in or upon the premises of any adult
azcade, for the purpose of gambling, gaming, wagering,
betting, accessing cyber or virtual casinos, Internet
gambling websites, lotteries, bingo ga.mes, or participating
in any way in any other gaming or gambli.ng activities
(whether making, transmitting, or receiving bets, wagers,
etc.) is strictly prohibited. No owner or operator of aay
adult arcade sha.11 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
sta.te of Florida and Federal Intemet gaming laws,
prohibitions, and sta.tutes, as are adopted and may be
17
amended from time to time, are hereby incorpora.ted 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
revoca.tion 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 wilawful, when visible from the exterior of the
adult arcade, including, but not limited to, wa11 signage and
wi.ndow signage. The use of strip, neon or flashing lighti.ng is
prohibited and unlawful. siens shall comnlv with a�rticle XI of
this chanter.
e. Parking. The parking requiremeats for an adult arcade shall be
prescribed in the development order granting the special exception.
f. Supplemental special exception requirements. The following
supplemental reyuirements sha11 apply to all adult azcades, and
sha11 be set forth as conditions of approvals, in all development
orders gtanting a special exception for an adult arcade.
l. The property owner and/or the person or entity opera.ting 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 naying the annrouriate business
tax and obtai.ning a business tax receint aa ec-�atieaa�
�is�ase from br�ht the village and Pa1m Bea.ch County.
3.
A business tax receipt for an adult
arcade use shall not be issued by the village, if any person
with an interest in the enterprise or business operati.ng the
adult azcade, 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 gambli.ng or any other
crime involving moral turpitude within seven (� years
preceding the applica.tion for the special exception.
g. Supplemental bu iness tc�c receibt
requirements. These supplemental requirements sha11 apply to ea.ch
subsequent owner and operator of an adult azcade operating under
a special exception approval. As a prerequisite to the issuance of �
business tax receint 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 usiness tax receint eee�a�iea�kse$se. In
addition to the requirements of cha.pter 70 of this Code, the
18
applicant for a business tax receint for an
adult arcade, must provide the followi.ng information to the
satisfaction of the village:
1. Proof that the applicant for a business ta�c receint �
eE ' ea� for an adult azcade is at least 21 years
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, daxe of birth,
driver's license number, and pri.nciple 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 ad.ult
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 machi.ne, name of the actual
owner(s) of each ma.clune 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 opera.ting a
gaming or gambli.ng house, card room, games of chance, an
amusement azcade, 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 pequirefnents. Registration of each
amusement device however operated, is required at the time the
application for a business tax receipt is
submitted and the machi.ne registration must be renewed annually
at the time the business tax receipt ees�ga�ie�-kse� is renewed.
For each machine registered in the village, a numbered metal or
plastic decal shall be issued. by the village to the applica.nt for each
machi.ne and must be prominently displayed by the applicant of
where the machine is to be operated in the � premises, the
manufacturer of the machine, the manufacturer's serial number,
and the software version if any. Registra.tion decals aze aot
transferable from person to person, business to business, location
to location, or machine to machi.ne. The registration decal for ea.ch
machine sha11 be attached thereto and in plai.n view at a11 times.
The failure 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, sa.tisfactory
proof tha.t 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 marki.ng required by Federal
law.
3. The applicant sha11 keep the registered machines, the
records of acquisition, location and disposition required by
Federal Law, and records of prize awazds 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
Sta.t., or wageri.ng, betting, gambling and/or gaming via the
Intemet, such as in virtual or cyberspace casinos or
otherwise, as more specifically prohibited herein.
3. Intoxica.ted or substance impaired persons.
4. Loud noise, sounds or music to emanate from the adult
azcade, which noise, sounds, or music is disturbing to the
surrounding properties� as nrohibited bv chanter 30 article
�.
5. Any tenant, lessee, licensee or owner, or any servant, agent,
or employee of an adult arcade, shall be presumed to ha.ve
permitted the conduct enumerated in this section if it occurs
on premises housing an adult arcade.
(19) Microbrewery.
(e) Prohibited uses and structuYes. The following uses and structures are prolubited
in the C-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.
( fl Ppoperty development regulations (see also table inset in section 78-143
(1) Building height. The allowable height for buildings in the C-2 zoning
district sha11 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
fu11 story of underground/subtenanean 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 ma.y 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 sha11 be as follows:
Front yard setback: 25 feet, provided however, tha.t four- and five-story
buildings shall provide an additional five feet of setback for each story
above SO feet;
Rear yard setback: Ten feet, provided however, that no rear yard setback
sha11 be required if the property abuts a railroad right-of-wa.y or spur track;
Side yard setback: Ten feet except a 20-foot side yard setback sha11 be
required at any intersecting street and where a property is contiguous with
any non-commercial zon.i.ng district.
(3) Mininzum 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 landscaged open space is 25
percent.
Sec. 78-178. C-3 general commercial distric�
(a) Purpose. It is the purpose and intent of the C-3 general commercial district to
provide lands within the village as depicted on the official zoni.ng 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 caze facilitv or medical or dental office: Professional office;
Professional services.
(4) Personal services.
(5) Retail package liquors, �es� lounges and bars.
(6) Restaurants, excludin� fast food restaurants. drive-in restaura.nts an
carrvout restaurants.
(7) Nurseries.
(S) 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 Q,n
villase owned nronertv, nursua.nt to Art. IX. Division 5.
(16� Motor vehicle dealers, subject to the following conditions:
a. Size sha11 be regulated with a minimum of two acres and a
maximum of five acres. Motor vehicle dealer establishments shall
be prohibited from locating withi� 1,000 lineal feet of an existi.ng
or previously approved motor vehicle dealer establishment withi.n
tUe jurisdictional boundaries of the village.
b. Hours and da.ys of operation shall be restricted as follows:
1. �24-hour operation is prohibited.
2. Specific closing no later than 9:00 p.m.
3. Must remain closed on Sunda.ys.
4. No openi.ng for business before 7:00 a.m.
c. The use of banners, �a�s, strea.mers, balloons or any similar device
shall be prohibited. The use of fla.gs and flaenoles sha11 be nursuant
ta article XI af this chanter
d. All customer servicing, including washing, waxi.ng 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 parki.ng 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 sha11 only be an accessory
to the principal use of the building, land azea 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 certi.fica.te of occupancy for
the motor vehicle dealer establishment shall be conditioned by tlne
requirement that the motor vehicle dealer establishment ownership
be in possession of a state departrnent 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
sha11 includ.e, but not be limited to, the followi.ng:
1. Delineation of the customer parking area. and the
configuration of the parking spaces for the customer
parking area.
2. Deli.neation of an employee parki.ng azea. and the
configuratioa of the parking spaces for the employee
parking azea.
22
3. Delineation of the required enclosed aew vehicle
showroom building.
4. Delineation of an acceptable outd.00r vehicle display azea
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 azea. may be utilized for the display of used motor
vehicles.
i. Motor vehicle dealers sha11 be required to provide a new vehicle
showroom buildi.ng of no less than 3,000 gross square feet i a e
j. All "teat" 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.
1. All artificial lighting used to illuminate the premises shall be
directed away from adjacent or abuiting properties, streets, alleys,
or roadways, illuminating only the subject site.
m. All radio, television, or other similar media broadcast from
anywhere on the premises sha.11 be prohibited.
n. Any use of animated. or mechanical animal, clown, etc., devices,
also, anyone carrying sales signs, advertising, or placards of any
ki.nd, from anywhere on or adjacent to the premises shall he
prohibited.
o. All writing, lettering, pricing, advertising, or signage of any type
being placed directly upon or witl�in any motor velucle or part
thereof (i.e., wi.ndshield, window, roof, hood, trunk, side panels,
etc.) shall be prolubited. However, nothing in this subsection sha11
be construed to prohibit provision of required vehiculaz
information stickers or labels as may be required by federal, sta.te
or other law.
p. 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.
q. All vehicle storage areas shall be fenced or walled off. Designated
vehicle storage areas sha11 be contained within the rear yazd of the
subject property.
r. All applica.ble sign regulations o� the village a��rovided in article
IX of this chanter shall be applied and met.
s. The use shall strictly conform with the village landsca.pe
regulations, article IX, division 4 of this cha.pter. Additiona.11y, 15
percent minimum of the entire site sha11 be devoted to living
landscaping.
t. The entire site sha11 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 azea separating the front yard of the properly from
abutting right-of-way shall be required.
u. The use of raised or open hoods, trunks and doors for
ad.vertisement or attention seela.ng 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 Mana.gement District guideli.nes. 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 ki.nd shall be
permitted at any motor vehicle sales establisbment.
x. All vehicles for sale, rental or display, not located within an
enclosed structure, must be parked at grade.
(1� Places of assembly (1,500 square feet or less), subject to the
followi.ng conditions:
a. All presenta.tions and events sha11 be conducted entirely within a
building.
b. Allowed accessory uses are: preschool and school facilitiesg
assembly halls, sanct�aaries or similaz meeting rooms� community
centers or fellowship halls�, adm.inistrative offices related to the
facility$, gift shops for mercha.ndise related to the facility�
playgrounds and athletic fields.
(18) Veteri.nary office.
(c) Accessory uses. Accessory uses allowed in the C-3 district aze as follows:
Any accessory use customarily incidental to a permitted use.
(d) Special exception uses. Sgecial exception uses in the C-3 district are as follows:
(1) Public utility s�e#�es-a� buildings such as water pumping plants, water
treatment plants, sewage plant lift stations � electric substa�ions�,-�
police and fire sta.tions and any other use normally appurtenant thereto�,
libraries and governmental uses €a�t�es.
(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 ha.11s� 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 presenta.tions, shows or events shall be started after 11:00 p.m.
(4) Fu11-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. Ma.in and accessory buildi.ngs shall be located a minimum of 50
feet from any residential district.
c. A minimu.m six inches in height raised curb sha11 be required at all
right-of-way lines, except at approved access driveway openings.
d. Curb openi.ngs 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. C�b openings
sha11 be limited to two per street frontage.
e. Where two curb openi.ngs 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 li.ne. Curb cuts for
access driveways sha11 be loca.ted a minimum of ten feet from any
adjoini.ng property line.
f. To ensure that sufficient room be provided on either side of the
fuel pumps without inhuding upon sidewalks or upon adjoining
property, fuel pumps shall be located a minimum of 50 feet from
any adjoin.i.ng property and a minimum of 25 feet from any street
property line.
g. All tanks, vents, pwnp islands and pump island or main and
accessory building canopies sha11 provide a minimum setback of
25 feet from any ad.joini.ng properly or right-of-wa.y.
h. Off-street loadi.ng spaces for the delivery of materials,
mercha.ndise, fuel or any similar product sha11 be loca.ted in such a
manner that they are completely separa.te from required customer
parking spaces and access drives and aisles thereto.
i. The selling, renti.ng or leasing of new and/or used motor vehicles,
trailers or recreational vehicles is prohibited..
j. All oil drainage pits, hydraulic lifts and mecha.nical 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. 1 full-sernice fuel sta.tions and easoline servi.ce sta.tions shall be
�auinned with an emergencv backun �eneratoz svstem of sufficient
size and nower to onera.te the fuel nwmnin� svstems for a m,nimum
f 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 sta.tionsl if the proposed. store is to
include such use.
b. The proposed site shall meet or exceed the landscaping
eauiremen 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 ma.in store windows giving a clear and
unobsh�ucted view of the cashier's station, including obstructions of
landsca.ping and fuel service islands.
d. The proposed store shall incorporate into its construction and
opera.tion fire protection devices as required by the vi� ee�
fire-rescue deparhnent.
e. The proposed store sha11 have adequate on-site lighting that
illuminates a11 parking, loadi.ng 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 properly line of any property used. as a convenience store.
g. The proposed convenience store sha11 ha.ve appropriate security
systems to include, but not be li.mited to, the following:
1. 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.
ui. This requirement shall also he exempted if the
convenience store closes on a permanent basis by
11:00 p.m. or does not sell alcoholic bevera�es �
e�e for consumption off-premises.
2. The convenience store may be equipped with a silent alarm
connected to the police deparhnent.
i. The proposed convenience store shall not have as a part of its
opera.tion coin-operated amusement devices.
j. All convenience stores that include fuel disnensing services sha11
be eauinned with an emer�encv backun genera.tor svstem of
�ufficient size and nawer to onerate the fuel Aumnin� svstems for
minimum of seven da.vs.
(6) Wireless telecommunica.tion towezs and antennas_ located on nrouertv that
's not village owned. nursuant to Art. IX. Division 5�;e�
(7) Indoor amusements (bowling, pool, billiards, video game arcade and
similar amusements).
(8) Drive-in/fast food/carryout resta.urants.
a. Each drive-in stacking lane must be clea.rly 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 ha.ffic flow pattern is
utilized in the parki.ng lot.
26
(9) Automotive repair establishments (major or minor).
(10) Shopping centers.
(11) Adu1t entertainment, nursua.nt to article XIII of this chat�ter,
(e) PYOhibated uses and structures. The following uses and structures are prohibited
in the C-3 district:
Any use or structure not specifica.11y or by reasonable implication
permitted in this section as a permitted use, accessory use or permissible
by special exception.
Sec. 78-179. R10P recreation/open space distric�
(a) Purpose. The purpose and intent of the R/OP recreation/open space district is to
esta.blish and protect certain azeas which meet the recreaxional needs of villa.ge
residents which conserve certain environmentally sensitive azeas, and which
permit limited recrearional uses while conserving the environment and nattu�al
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 presenta.tions and events shall 6e conducted entirely withi.n a
building.
b. Allowed accessory uses aze: preschool and school facilities�
assembly ha11s, sanctua,ries or similar meeting rooms� community
centers or fellowship halls3 administrative offices related to the
facility� gift shops for merchandise related to the facility�
playgrounds and athletic fields.
(4) Conservation azeas.
(5) Access easements.
(6) Other similar recreational uses.
(c) Accessory uses. Accessory uses allowed in the R/OP district aze as follows:
Any accessory use customarily incidental to a permitted use.
(d) Special exception n�ocess reauired �. All nermitted and accessorv uses in the
R/OP district shall under�o snecial excention review as nrov in article IX
division 3 of this cha.nter
(e) ProhiBited uses and structures. The following uses and structures are prolubited
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. 7&180. MU mized-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 combina.tion of usually
separa.ted uses within a unified development district area. Natural fea.tures should
27
be enhanced and environmental conditions carefully assessed. Commercial uses
are intended to be limited to specialty sma11 scale retail sales and services,
business services and professional services primarily designed to serve residential
neighborhoods of the village. Orienta.tion 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 � development
which establish neighborhood identity and communitv focus
. It is further the purpose and intent of this area to
provide lands for a range of residential uses from lower density single-family to
higher density resideatial uses. Traffic circulation should not only accommodate
vehiculaz traffic, but provide for the efficient movement of pedestrian and bicycle
tra.ffic.
(b) Applicability of development regulations 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 applica.tion of property development
regulations expressed in this cha.pter, 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 pla.ts 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
ideatified in Policy 1.12.1 of the Future Land Use Element, as designated on the
future land use ma.p contained in the village comprehensive development plan and
as identified on the village comprehensive zoning map a� district MU.
(c) Conflicts with othep regulations. �V�here conflicts exist between the mixed-use
district special regulations in this section and general zoning, subdivision and
other applicable ordina.nce provisions, the special regulations in this section shall
apply.
(d) General requirements and special regulations. The following general
requirements and special regulations sha11 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 sha11 contain su�cient width, depth, and
frontage on a publicly dedicaxed arterial or major street or appropriate
access thereto to adequately accommoda.te its proposed use and design.
(3) Unity of title. All land included for purpose of development withi.n 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 sha11 present firm evidence of
28
the unity of title of the entire area. within the proposed planned mixed-use
development and sha11 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
atta,ched to the approval.
b. Provide agreements, covenants, contracts, deed restrictions or
sureties accepta.ble to the village for completion of the undertaking
in accorda.nce 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 commibnents made
under subsections (d)(3)a. and b. of this section.
(4) Density. For the purpose of this section, if dwelling units aze to be
developed as part of a proposed development within the mixed-use
district, the tota.l 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
rehabilita.tion facilities sha11 be computed on the basis of eight dwelling
units per gross acre.
(5) Building height. The maximum buildi.ng height allowed shall be four
stories or 50 feet above average finish grade.
(e) Site plan peview. In adherence to Policy 1.12.1 of the village comprehensive
development plan Future Land Use Element, all proposed development plans for
the mi��ed-use district shall be subject to review and approval by the village
council.
(fl UYban design principles. The followi.ng urban design principles sha11 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 recrea.tion.
(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 ca.refiilly placed buildings deli.nea.te and define public spaces and lots
and blocks.
(6) That streets aze designed and act as amenities to the development and as
quality public space.
(g) UYban design objectives. The following urban design objectives shall be
considered as guideli.nes in all development proposals of the mixed-use district:
(1) To bring many of the activities of daily living, including dwelli.ng,
shopping and other activities, within walking dista.nce.
29
(2) To reduce the number and length of automobile trips to relieve h�affic
congestion.
(3) To provide internal velucular 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 ti.me.
(h) Permitted uses. Permitted uses in the mixed-use district are as follows:
(1) Single-family dwellings.
(2) Two-family dwelli.ngs.
(3) Mulriple-family dwellings.
(4) Small-scale retail sales and service, excludine retail nackaQe liauors. A
maximum 5.000 �,3AA square feet of gross leasa.ble area. is a.11owed for
each tenant area or individually owned unit.
(5) Business services. A maxi.mum OOQ �-599 square feet of gross leasable
area is allowed for each tenant area. or individuatly owned. unit.
(6) ealth care facilitv or medical or dental off'ice: Professional. offce.
Professional services. A maximum 5.000 �-S8A square feet of gross
leasable area is allowed for each tenant area or individually owned uni�
(� Personal services. A maximum 5� �,39A squa.re feet of gross leasable
area. is allowed for each tenant azea or individually owned uni�.
(8) Bakeries. A maximum 5,000 �SA9 square feet of gross leasable area is
allowed for each tenant area. or individually owned unit.
(9) Recreation/open space.
(10) Restaurants (including carrvoutl. A maximum 5.000 sauare feet of
�ross leasable azea is allowed for each tenant area or individuallv owned
unit.
(11) Places of assembly (1,500 squaze feet or less), subject to the
following conditions:
a. All presenta.tions and events shall be coaducted entirely within a
building.
b. Allowed accessory uses are: preschool and school facilities�,
assembly halls, sanctuaries or similar meeting rooms�, community
ceaters 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 f ci i� officials or on-site cazetakers, limited to one
dwelling unit.
(i) Special exception uses. Special exceptioa uses in the mixed-use district are as
follows:
(1) es
(2) Public buildi.ngs and facilities.
(3) Reserved.
(4) Places of assembly (1,515 square feet or more), subject to the following
conditions:
30
a. All presenta.tions 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 halls3, administrative offices related to the
facility�, gift shops for merchandise related to the facility¢
playgrounds and athletic fields� and rectory or similar residence
for �� officials or on-site caretakers, limited to one
dwelli.ng unit.
(5) chool .
(6) Bed and breakfast.
(7) Hotel.
(8) Adu1t congregate living facility (ACLF) subject to the provisions of
section 78-177(d)(4).
(9) Gasoline service sta.tion (only fronti.ng on U.S. Highway 1).
(10) Reserved.
(11) Ra.ilway sta.tion.
(12) Planned residential development (PRD) (subiect to the nrovisions
af article VII of this chanter)
(13) Planned commercial development (PCD) �subiect to the nrovisions
of article VIII of this cha te�rl.
(14) Permitted uses under subsections (h)(4), (5), (6), (�� � (8) �
_l_�0_ of tlus section in excess of 5-000 �SA9 square feet '( lmc udi�� 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 wi.ndow 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 sha11 be provided if a one-way traffic flow
pattern is utilized in the pazking lot design.
c. all restaurants, fast food, sha11 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) Reha.bilitation facilities, subject to the following conditions:
a. Rehabilitation facilities shall be prohibited from being located
withi.n a one half mile ra.dius of another rehabilitation facility.
b. Ninety percent of the dwelling units shall ha.ve a minimum of 575
square feet. The remaining ten percent of the dwelling units may
have a minimum of 500 square fee�
c. A maximum of 40 percent of the dwelli.ng units shall be permitted
to have two bedrooms. In no case shall a dwelli.ng unit have more
than two bedrooms. Two bedroom dwelling units sha11 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 reha.bilita.tion
facility shall not exceed eight dwelling units per gross acre.
e. Dwelling units sha11 be configured. as follows:
1. Studio units, if provided, shall have a one combina.tion
bedroom/living a.rea/ 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, sha11 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 rehabilita.tion facility shall maintain one
master address which a11 residents sha11 reside under during their
sta.y at the rehabilitation facility.
g. Rehabilitation facilities must be equipped with a controlled space,
effecrively screened from public view, for anivals and depariures
of patients. This space shall be large enough to accommodate an
ambulance for transporti.ng patients in and out of the facility.
h. Rehabilitation facilities shall be surrounded on all sides by a fence
or wall loca.ted 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 rehabilita.tion facility. Both the interior and exterior sides of the
fence or wall shall be landscaped in accordance with the pri.nciples
set forth at section 22-84 of the Village Code of Ordinances. If a
fence, wa11 or hedge is located on a comer lot or a double frontage
lot, a vehicular and pedest.rian visibility triangle of a size and
dimension which complies with current traffc engineering
standards of the American Associalion of State Highway and
Transporta.tion 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 genera.tor system.
The system shall be sized for the building occupancy load and
have a fuel source sufficient to opera.te the facility for a minimum
of seven da.ys.
j. The rehabilita.tion facility sha11 by sepazate agreement gua.rantee
payment to the primary fire rescue provider for patient ambulance
transport service.
32
k. In conjunction with the applica.tion for special exception use, the
rehabilitation facility shall submit a security plan that includes
patient off-site visits. The secutity plan sha11 be approved by the
village council with input from the chief of police.
1. The reha.bilita.tion facility shall, through its legal counsel or
corporate officers, submit monthly reports to the Village's
Community Development Director no later than the 15�` da.y of the
month, that establish and document the previous month's
compliance with all reha.bilitation facility funding requirements as
well as occupancy and treatment requirements and restrictions,
with an emphasis on the ra.tio of the number of patients receivi.ng
outpatient treatment to the number of patients receiving short term
and extended care services. Additionally, the rehabilitation facility
sha11 provide the Village Manager with an annual independent
audit documenti.ng compliance with those requirements and
restrictions during the previous calendar yeaz, 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 specificaily address the rehabilita.tion
facility's poteatial economic impact to the village, the creation and
continuation of jobs, the potential impact on law enforcemeat and
criminal activity, and the poteatial impact on the village's
emergency medical resources. In ad.dition, the study should address
the proposed reha.bilita.tion 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 rehabilita.tion facility sha11 submit to
the village, in the form of a sworn affidavit by the rehabilita.tion
facility's legal representa.tive who is authorized to do so, written
documentation that the rehabilita.tion 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 affida.vit, the
village may seek to impose all penalties allowed by law, pursuant
to cha.pter 70, article II of the Village Code of Ordina.nces.
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 cha.pter 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 separa.te offense. In addition to the code enforcement special
33
ma.gistrate process, the village ma.y 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 �ses. Accessory uses allowed in the mixed-use district are as follows:
(1) Any accessory use customarily incidental to a permitted use.
(2) Private gazages, swimming pools, spas and hot tubs, cabanas and saunas,
greenhouses, tennis courts, clubhouses, utility buildings, gazebos, and any
other similaz use deemed appropriate by the building offcial.
(k) Planned mixed-use development review nrocess requirec� iJse of the n�lanned
mixed-use development (PMUD) review nrocess is required for all perm.itted,
special exception, and accessory uses within the mixed-use district except for the
evelonment or re-develonment of lots or parcels of less tha,n three acres.
(1) Prohibited uses. T`he 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 esta.blishments �s, including gara.ges and body
shops.
(10) Kennels or veteri.natv offices .
(11) Any other use or structure not specifically or by reasona.ble
implication permitted in this section as a permitted use, special exception
use or accessory use.
(m)Property development 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 properiy
development standards, at its discretion, provided. the spirit and intent of the
regulations and standards aze complied with in the development of the mixed-use
district.
(1) Parking requipements. On-street and off-street pa.rking shall be allowed
within the mixed-use district. The minimum number of required. parking
spaces to be provided shall be determined from section 78-705, and may
include a combination of on-street and off-street spaces. When using on-
street parking to meet a gortion of the required parking for a proposed
project, only those spaces that lie within the street frontage areas of the
property ma.y be included in the total calculations for meeting the
minimum required pazki.ng 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):
l. Two-way street: 50 feet.
34
2. One-way street: 42 feet.
(3) Drainage of streets and rights-of-way. Ra.ised curb and gutter drainage
systems shall be the prefened method utilized within the MLT district.
Alternate drainage systems sha11 be approved at the discretion of the
village council during the site plan review process for a proposed planned
mixed-use development (PMLTD).
(4) Schedule of sate regulations. Site regulations in the MLJ district are as
follows:
a. Minimum lot size 3,200 square
feet
b. Minimum lot width 40 feet
c. Ma�cimum lot coverage:
Residential 62%
Commercial:
For a single minimum sized lot 60%
For two or more lots or parcels in excess of the minimum sized lot 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
Commercial:
On both sides where commercial abuts commercial 0 feet
Where commercial abuts residential 7 feet
f. Minimum rear yard setback:
Residential 10 feet
Commercial:
Where commercial abuts commercial 0 feet
Where commercial abuts residential 10 feet
g. Min.i.mum 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 MtJ district shall be landscaped in accordance with article IX,
division 4 of this chapter.
(6) Signs. All wall, freestanding, monument, ceiling-mounted walkway,
project identifica.tion, composite, changeable letter and similar signs
and/or signage sha11 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 MLJ mixed-use district.
Secs. 78-181-78-220. Reserved.
Section 2: Each and every other section and subsection of Cha.pter 78. Zoning. sha11
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 para.graph, 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.
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