HomeMy WebLinkAboutDocumentation_Regular_Tab 10_10/09/2014 VILLAGE CLERK oF� ADENDA ITEM PREVIOUSLY
AGENDA ITEM TRANSMITT�
DISTRIBUTED - 9/11/14
Meeting Date: Meeting Type: Regutar Ordinance #: 14-14
1/14
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 C�DIFY; PROVIDfNG AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
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Account #: Amount of this item:
irrent Budgeted Amount Available: Amount Remaining after item:
N/A
Budget Transfer Required: No Appropriate Fund Balance: No
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�...� � ,
Department Head Submitted by Legal
Finance Director
Reviewed for Financial Sufficiency ❑ /�,�
r
No Financial lmpact �
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. 14-14
AN ORDINANCE OF THE VII,,LAGE CUUNCII. OF THE VII.,LAGE OF
TEQUESTA, FLORIDA, AMENDiNG CHAPTER 78. ZON]NG. AT
ARTiCLE Vi. SCHEDULE OF DISTRICT REGULATIONS. DIVISION 2.
SCHEDULE OF USE REGULATIONS. BY PROVIDING FUR INTERNAL
CONSISTENCY, UPDATING CERTAIN TERMINOLOGY CONSISTENT
WITH STATE LAW, REQUIIi,ING T� USE OF EMERGENCY BACKUP
GENERATORS FOR CERTAIN GASOLINE SERVICE STATIUNS AND
CONVE1�iIENCE 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
M1XED USE ZONES; PROVIDING THAT EACH AND EVERY OTHER
SECTION AND SUB-SECTION OF CHAPTER 78. ZONIl�TG. SHA►LL
REMAIN IN FULL FORCE AND EFFECT AS PREVIUUSLY ADOPTED;
PROYIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
WHEREAS, the Village Council desires to updabe its zoning c�e use regulations to
provide for internat consistency, to provide updated references to state law terminology, to
require the use of emergency generators for certain gasoline service and convenience stores, to
pmvide for adult entertainment as a special exception use in the C-3 Zoning Disirict, and to
increase the square footage for certain permitted uses in commercial and mixed use zones; and
WHEREAS, the Village Council believes the eode azn�ndments contained in tlus
ordinance will be in the best interests of the Citizens of the Village of Tequesta.
NOW, THEREFURE, BE IT ORDAIlVED BY T� YII.LAGE COUNCII. OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1: Chapter 78. Zoning, of the Code of Ord.inances of the Village of Tequesta
is hereby amended at Article VI. Division 2, to provide for internal consistenay, to provide
updated references to state law terminology, to require the use of emergency generators for
certain gasoiine servive 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. 7&171. Scope. — —._�__�
Sec. 78-172. R lA single-family dwelling district
Sec. 78-173 R 1 single-family dwellin� district
Sec. 7&174. R 2 multiple-fannily dwel � district
Sec. 78-175. R 3 multiple-fami.ly dweLn� distric�t.
Sec. 78-176. C-1 neig�borhood commerciat district
Sec. 7& 177. C-2 community commercial district
Sec. 78-178. C-3 �eneral commercial district
Sec. 78-179. R/OP recreation/open space districf.
Sec. 7$-i80. MU mix� use district
Secs. 78-181 78-220. Reserved.
Sec. 78-i71. Scope.
This division establishes the use regulations for developmern within the village.
For other more specific requirements, see the suppiemeatal disirict regulations in article
IX of this chapter.
Sec. 7&172. R-lA single-family dwelling district
(a) Purpose. It is t3�e purpose and in�ent of the R lA single-€mmily dwelling district to
provide lands within the village for single-family residential uses of the lowest
popul�tion density, consisting of no more than one dwelling unit per any platted
iot 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 pmvide
areas within. which the traditional single-family residence can thrive and can be
protected from the more intense activities of ather Iand uses.
(b� �'ermitted uses. Permitted uses in the R-lA district are as follows:
Single-family dwellings.
(c) Accessory uses. Accessory uses allowed in the R-lA districfi are as follaws:
Private garages, swim'Y""� P��, s� and hot tubs, cabauas aad saunas,
greenhouses, tennis courts, private docks, utilitY buildings, gazebos and
any other similaz uses deemed appropriate by the Diz�ctor of Communitv
Develornnent �}�.
(d) Speciut exception uses Special exception uses in the R lA district are as follows:
(1) Schoals and publicly owned and operated community buildings.
{2} Public utility s�e�es-aa� buildings such as water pamping plants �
electric substations�-a� police and fire stations.
(3) Places ofassembly (any size), subject to the following conditions:
a All presentations and events shall be conducted entirely within a.
buildang.
b. Allowed accessory uses are: preschool and s�hool facilities�
assembly halls, sanctvaries or similaz meeting rooms� comm�mity
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centers or fellowship halls� administiative offices reiated to the
facility� gift shops for merchandise related to the facility�
playgrounds and athletic fields� and rectory or similaz residence
for 'f�il�' � 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 reqtured, reguiateci and licensed. by
applicable state statutes and agencies.
(6) Foster care facilities, as may be required, regulaxed and licensed by
applic�ble state statutes and agencies.
(� Group homes, as may be reqwired, reguiated and licensed by applicable
state statutes and agen.cies.
(e) Pro�eibited uses and structures The following uses and slnutures are prohibited
in the R lA district:
Any use or shuchne 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 diatrict
{a) Purpose. It is the purpose and intent of the R 1 single-family dwelling district to
provide lands withia the village for single-f�ami.ty residential uses, consisting of no
more than one dwelling unit per any platted lat Density shall not excsed 5.4
dwelling unitslgross acre based on a minimum 8,000-square-foot lot size. As in
the R lA distirict, this district also recogn�es the need for trad.itional single-
family areas, however, at a slightly Irigher density.
{b) Permitted �ses Permitted uses in the R-1 district are as follows:
Singlo-family dwellings.
(c) Accessory uses. Accessory uses allowed in the R-I disErict are as follows:
Private garages, swimming pools, spas and hot tubs, cabanas and saunas,
greenhouses, tennis courts, private docks, utility buiidings, gazebos and
any other similar use deemed appropria#e by the Director of Communitv
,�v_elonment��ag��.
(d) Special exception uses. Special exception uses in the R 1 district are as follows:
(1) SchooLc and publicly own� and operated. community buildings.
(2} Public utility � � buildings such as water P�P� P�� �
electric substations�,—ea� police and fire stations.
(3) Parks and recreation facilities awned and opera#ed by the village.
(4) Day care facilities, as may be required, regulated and licensed by
applicable state statutes and agencies.
(5) Foster caze facilities, as may be required, regulated and licensed by
applicable state statutes and agencies.
(6) Gmup homes, as may be requir+ed, regulated and licensed by �pplicable
state statutes and agencies.
('n Places of assembly (any size), subject to the following conditions:
a. All present�tions and events shall be conducted entirely within a
building.
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b. Allowed accessory uses are: preschool and s�hooi facilihes�
assembly halls, sanctuaries or similar meeting rooms� community
centers or fellowship halls� administratiye offices related to the
f�cilitY� S� �oPs for merchandise related to the facilitY3
playgrounds and athletic fields� and rectory or si.milar residence
for ��kg�e�s officials or on-site cairretal�ers, limited to one
dwelling tmit.
(e) Prahibited uses and sm�ctures. The fallowing uses and stauctures are prohibited
in the R 1 district:
Any use or sfiu�e not spe�ifically 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 districk
{a) Pznpose. it is the purpose and intent of the R 2 multiple-family dwelling district
to provide lands within the village for a r�ge of residential multiple-family uses
that s�hould be applied within the medium density designated a�s of the village
comprehensive development plan. In no event shall density exceed 12 dwelling
units per gross acre.
(b) Permitted �ses Permitted uses in the R 2 district aze as follows:
(l) Single-family dwellings.
(2) Two-family dwellings.
(3} Muttiple-famiiy dwellings.
(4) Places of assembly (75Q square feet or less), subject to the following
conditions: �
a. All pre�ntations and events shall be conducted entirely within a
building.
b. Allowed accessory uses are: preschool and school facilities�
asssmbly halls, sanctuaries or similaz meeting rooms� community
centers or fellowship halls� administrative o�ices related to the
facility� gift shops for merchandise related to the f�acility�
pla.ygrounds and athletic fields� and rectory or similar residence
for ��e�s officials or on-site caretakers, limited to one
dwelling unit
(c} Accessory uses Aceessory us�s allowed in the R 2 distriet 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 deem�. appropriate by the ��
Communitv Develonmen � ' ' 'a�.
(d} Special exception uses Special exception uses in the R Z district are as follows:
(I) Marina faciiities.
(2) Public utility �e#�es-ea� buildings such as water pumping plants, �
electric substations�—aa� police and fire statiions.
(3) Nurseries�
(4) �ivate kindergartens, day care centers and schools.
{5) Publicly owned and operated community buildings.
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(fi} Two-family or multiple-family dwellings in excess of two stories or 30
feet in height to a maximum of tl�e stories or 35 feet.
(� P]anned residential developments (PRD) 'ect ta the aroviai c c�f
' e VII of is ch �ter1,
(8) Community autenna systems.
(9) Pazks and recreation facilities owned and operated by the village.
(10} Foster care facilities, as may be required, regulated and licensed by
applicable state statutes aad agencies.
(11) Group bomes, as may be required, reg�ulated. an�d licens�d by
applicable state statu,tes and agencies.
(I2) Adu1t �onQre�e living facilities (includes assisted living facilities
as defined at F.S. ch. 429). Evidence that all regulations xt forth in the
state law concerning such facilities �ave be�n 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 are: preschool and schoal facii.ities�
assembly halls, s�ctuaries or similar meeting rooms� community
ceaters or fellowship halls� administaratxve offices related to the
facility� gift shops for merchandise rela� to the f�cility�
playgrounds and athletic fields� and rectory or similar residence
for ��el�gie� offcials or on site care�takers, limited to one
dwelling unit
(e) Prohibited uses and shwctures The following uses and structures are prohibited
in the R 2 district:
Any use or stnicture 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 pur�mse and intent of the R-3 multiple-family dwelling district
to provide laads within the village for a higher density range of multiple-family
residentiat uses. In no event shall density exceed 12 dwelling units �r gross acre.
This district is further intended for development of concentrated resid�ntial
PoP�ations and should be applied only within the high density designated areas
as depicted by the comprehensive develapment plan.
(b) Permitted uses Petmitted 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 shalt be conducted entirely withiu a
building.
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b. Allowed accessory uses are: preschool and school facilitie�
assembly halls, sanctuaries or similar meeting rooms� community
centers or fellowship hails� administrative offices related to the
facilitY� gift shops €or merchandise related to the facilitY�
playgrounds and attiletic fields� and rectory or similar residence
for �� officials or on site caretakers, limited to one
dwelli.ng unit
(c) Accessory i�.ses. Accessory uses allowed in the R 3 district are as follows:
Private garages, swimming Iwols, spas and hot iubs, cabanas and s�unas,
greenhouses, tennis courts, clubhouses, private docks, dune crossovers,
utility buildings, gazebos and any other simiilar uses d�mal appropriate
by the D�rector of Commim� Develonment�d�g-e�e�a}.
(d) Special �xception arses Special exception uses in the R 3 district are as follows:
(1) Schools and. publicly owned and operated community buiidings.
(2) Public utility s�ei�+es-ea� buildings such as water gumping plants �
electric substations�--� palice and fire stations.
(3) Marina facilities.
(4) Community antenna systems.
(5) Parks and recreation facilities owned and operated by the village.
(6} Foster care fa,ci}ities, as may be required, regulated and licensed by
applicable state statirtes and agencies.
(� Cnoup homes, as may be reqwred, regulated and licensed by applicable
state sta�tutes and agencies.
(8} Places of assem.bly (765 square feet or more), subject to the following
conditions:
a. All presentations and events shall be conducted entir�ely witbin a
buiiding.
b. Allowed accessory uses are: preschool and school facilities�
assembly halls, sanctuaries or similar meeting rooms� community
centers or fellowship hall� 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�.i �ekgiet�s otricials or on-site caretakers, limited to one
dwelling unit
(e) Prohibited uses and structures The following uses and s3ructures are prohibited.
in. the R 3 district:
Any use or st�ucture not specifically or by reasonable implication
permitted in this section as a permitted use, accessory use or permissible
by special eacception.
Sec. ?&176. C-1 neighborhood commerciai district.
(a} Purpose. It is the purpose and �t af the C-i neighbarhood commerciat district
fo provide lands within the village as depicted on the official zoning map for
limited retail sales and business service activities primarily desig�ed 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 nceds of
suimunding residents are encouraged Orientation to and compatibility with
neighborhoods to be served are critical.
(b) Permitted uses Permitted uses in the G 1 district are as follows:
(1) Retail sales and services excl �in�,�tAit na, � iai�rs.
(2) Business services. - -
(3) �lth c:are f�ility or med�c�l or dental offce• fessionat office•
Professional services.
(4) Personal services.
(5) Rec��nn�mc excl in� faet fnnct restaurants. drive „e.ctaurantc s�d
canvout restaurant�.
(6) Libraries, art galleries and museums.
(� �Vireless tele�o m�ni cAtinn tnwPrc anri naa loc8ted on ' la�'e
rnanerlv_ �ursu to t�r� IX DiviQion 5.
(8) Places of assembly (750 square feet or less), subject to the following
conditions:
a All pr�ntations and events shall be conducted entirely within a
building.
b. Allowed accessory uses aze: preschool and school facilities,�
assembly halls, sanctuaries or similar meeting rooms� community
centers or fellowship halls� administ�ative 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 castomarily incidental to a permitted use.
(d) Special exception uses Speeial exception uses in the G 1 district are as follows:
(1) Public utility � buildiags such as water P�P� Plants, water
treatment pla�, sewage plant lift stations � electric substations�,—aa�
police and fire sta#ions aad any other use normally appurtenant thereto�
�es� govemmental � �es.
(2) Shopping centers.
(3) Conve�nience store without fuel sates and dis�nsing 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 a11 obstructions of view from
the adjac�nt street to the main store windows giving a clear and
unobstcucted view of the t�shier"s 5tation
c. The proposed store shall incorporate into its canstruction and
operation fire protection devices as required by the � ee�
fire-rescue departrnent
d. The proposed store shail have adequate on-site lighting that
illuminates all parking and loading areas.
e. No convenience store shall be iocated 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 mute
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fram the nearest point on any property line to the nearest point on
�Y P�Pe�'tY line of any properly used as a convenience store.
f. The praposed convenience store s�aii have appropriate security
systems to include, but not be limited to, the following:
1. Convenience store uses shall be �uipped with cameras
with video retrieval capabilities.
i. This requ,irement sha11 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 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 equip�d with a silent alarm
connected to the police department.
g. The proposed convenience store shall not have as a�rt of its
operation coin-operated amusement devices.
(4) Restaurants, c�rtyout
(5) Wireless telecammunication towers and an nac Inesrtex_l pII prpDertv t�s�
owned. �urse�ant t� Ar� IK Division 5.
(� Places of assembly (765 square feet or more), subject to the following
conditions:
a. All presentations and events sha11 be conducted entirely within a
building.
b. Allow� accessrny uses ate: preschool an�d school facilities�
assembly halls, sanctuaries or similar meeting rooms� community
centers or fellowship halls� administrative o�ices related to the
facility� gift shops for merchanclise related to the faciliiy-�,
playgmunds and at]iletic fields.
(e} Prohibited uses a»d sh�uctures The following uses and siructures are prolubit�d
in the C-1 district:
Any use or stru�ure not specifically or by re,asonable implication
permitted in this section as a permitt�i use, accessory use or permissible
by special exception
Sec. 7$-177. C-2 community commere�al diatrick
(a) Purpose. It is the purpose and intent of the C-2 community commercial district to
provide Iands within the village as depicted on the official zoning map for the
deveiopm.ent of commercial activities with a loca.tion convenient to U.S. Highway
1 automotive traffic. This district will serve the community at lazge sud provide a
mixture of convenience goods and services that ofFers a greater vaziety of uses
than perinitted 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 twhich are
ssed belowl.
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(2) Business services.
{3} Heaith care f9cilitv or m ical or dental office• Profea.cinnal office•
Professional services.
(4) Personal services.
(5) Restaurants. excl ��in� _ food restauraat� d�rive-L restautants and
out
(6) BakerY-
�� IhY �lesninb and laundry establishmeffis_ incl �din 1»ndmmat ,
(8) Pis�es of ass�ably (i,5� square feet or less), subject to the f�allowing
conditions:
a. All presentations and events shali be conducted entirely within a
building.
b. Allowed accessory uses are: preschool and school facilities�
assembly halls, sanctuaries or similaz meeting rooms� community
centers or fellowship halls� adminis�trative offices related to the
facility� gift shops for merchandise related to the fa�ili#y�
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 Iocated within a 2,000 foot
radius of another retail package liquor use. The 2,000 fcet shall be
me�sured in a stirraight line from main entrance door to main
entrance door.
b. No more than one retail package liquor use may be lc�cated in any
one shoPPing center in this zoning district.
c. Hours of operation for retail pa�ckage liquor uses shali conform to
hours of operation for alcoholic beverage establis�iments as set
forth in Sec. 6-1 of the Code of Qrdinances.
(10) ireless telecommunication towers and. an naa lnc�.�ted on village
OWIl� DIODBI'f.V. Dnrcnant t0 ATt. - D1V131 5.
(c) Accessory irses 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 exc�ption uses in the G2 district are as follows:
{1) Public utility � buildings sach as water P�P� Plants, w�ter
treatmeirt plants, sewage plant lift stations � electric substations�,-ea�
police and. fire st�tians and any other use normallY aPPurtenant there�to�
libraries aad governmental � �es.
{2) ' ess telecommunication towers and antennas located on vronerlv
' o� Yil1.�� �wned= nL���+t t� Art. IX. Division 5
(3) Planned commercial development ("-PCD"-} �subie�t_��he provisions of
' s VIII af this chanterl.
(4) Adult congregate living facility (ACLF}
, Provided:
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a An adult congregate living facility sha11 contain an extended cate
facility as a campanent of the development in order to be deemed
an adult congregate living facility,
b. The minimum site far an adui.t congregate livsng €acili.ty iife care
and extended care shall be two a�cres.
c. All adult congregate living facilities and extended care facilities
shall provide sufficient staff to operate the facility in a prope�r
manner as required by the mi.nimum standards of the state
depattment of health and rehabilitative services, and sha11 provide
facilities which me�t the physical, recreationel, emotional, and
social life needs of the reside�ts of the fa�cility.
d. All facilities containing more than one story sha11 have an elevator
large enough to carry a stretcher.
e. No portable heaters or other dangeraus appliaaces shall be used in
such facilities.
. f. Aii facilities shall conform to applicable village codes and
ordinaaces, including building, electric, plumbing, fire prevention
and state department of insurance minimum fire safety standards
for adult congreg�te living facilities.
g. No buitding pennits sha11 be issued unless a licenss has first been
obtained fram the Florida .A�ency for Hea1_th C.a_r� Adtr
� and
any other Permit�g agencY as recluir� bY Iaw, including the
provisions of ttus chapter.
h. The applicant sha11 provide hansportation 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 and/or facility wluch shall be provided for the
residents of the entue ACLF. Such central kitchen dining shall
provide at least two meals per day to the residen#s of the facility.
j. An application for special exception for each such facility shall
contain a market anaiysis which demonstra,ates the viability and
need for the facility to be built or established at the proposed
location set forth within the applica�ion. For these purposes, the
market analysis shall contain, but not be limited to, the following
determina.tions:
1. Determination of the service area of the proposed facility.
2. Determination of the seivice area population, present and
future.
3. Stateme�rt of need.
k. Maximum residential density is as follows:
1. Adutt congregate living facilities: Facilities wherein each
separate mom or group of moms is designed ar intended
for use as a residence by an individual or family. The
maximum allowa.ble 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 aze
provided for residen#s in the nature of a nursing or
convatescent home. Each bed shall be equal to one-quarter
dwelli.ng imit
1. The adult congregate Iiving facility shall, by sepazate 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 xven
days.
(5) Th�ters.
a. All presentations, shows and eveuts shail be conducted entirely
within a building.
b. No presentations, shows or events shall be st�ted after 11:00 p.m,
(� Indoor amusements (bawling, Pool, billiards, video game arcade and
similar amusements).
(7) Restawrant, carryout.
(8) Convenience store without fuel sales and dispensing facilities, p�ovided:
a. The proposed site sha11 meet or exceed the l��sc�ing
ar_e�uirements found in the article IX, division 4 of tlus 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
unobstcucted view of the cashiei's station.
c. The proposed store shall incorporaxe into its construction and
operation fire protection devices as required by the � ee��
fire-rescue department,
d. The proposed store shall have adequate on-site lighting that
illuminates ali parking and loading areas.
e. No convenience store shali be located withia 1,500 feet of any
other convenience store. For the purposes of this subsecteon, all
measurements of distance sball be along a straight airline mute
from the nearest point on any property line of any property used as
a convenience store.
f. The pm�sed convenience store shall have aPP�Pn� ��tY
systems to include, but not be limited to, the following:
�,. Convenience store uses shall be equipped with cameras with
video retrieval capa.bilities. �e�ve�+ef,-�s
� This requiremeat shall be exem.pted if the conveni+ence
stare employs two or more employees at the same time
between the hours of 11:00 p.m. and ?:00 a.m.��€
�. Thi.s requirement sha11 also be exempted if the
convenience store closes on a permanent basis by 11:00
p.m. or does not sell alcoholi� bevera�es �eeF-e�e
for consumption ofF premises.
11
2 The convenienc,e 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) L'braries, art galleries and museums.
(11) Full-service fi�el sta;tion or g,asoline service station, provided:
a. Full-service fuel stations or ga�� stations shall be
located fronting along U.S. Highway 1.
b. Fu11-service fuel stations or gasgline service stations shall be
located a minimum of SOO lineal feet from existing or previously
approved s#ations.
c. There sha11 be a mai.n building setback from all right-of-way iines
of 40 feet.
d. Main and accessory buildings shall be located a minimum of 50
feet from any residential di�trict
e. A minimum six inches in height raised curb shall be required at all
right-of-way iines, except at agpmved 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 s�tion. C�rb ope�nings
shall be limited to two per street frontage.
g. Where two curb openings are providing access to a single street,
they sha11 � separated by an approved landscape island, ten feet in
width and. 25 feet in length at the right-of-way line. Curb cuts for
mccess driveways shall be located a minimum of ten feet from any
�Jo� P�P�'h' line.
h. To ensvre 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 af 50 feet from
any adjoining properly and a minimum of 25 feet from any street
P�P�Y line.
i. All tanks, vents, pump islands and pump island or main and
accessory building canopies sha11 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 similaz product shall be locgted in such a
manner that they are completely sep8rate from required customer
Parking spaces and access drives and aisles thereto.
k. The selling, renting or ieasing of new and/or used motor vehicles,
t�ailers or recreational vehicies is prohibited.
1. Automotive repair work and/or seivicing must be performed witl�in
an encio� building or struct�ue.
m. All full-service fuel sffitions and Qasoline service statio shall be
��_with an emer�encv backun generator svs#em of sufficient
12
nower #o onerate the _fu_el nLrn� Systems for a 4 m'nim
of seven davs.
(i2) Hotels, subje�t to the following conditions:
a. All rooms shall be desigaed to be entered from enclosed interior
corridors.
b. All rooms providi.ng glass sliding doors at first floor grade level
shail fac� an interior couriyard
c. Accessory us�s shall be allowed, such as swimming Poois, spas,
ca.banas, saimas, #ennis courts, clubhouses, gazebos, utilitY
buildings, restaurants and any other similar vse deem.ed
appmpriate by the building offi.cial.
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 b�rbershops or beauty
shops, subject to the�e uses being located witlun a main building.
The primary customer entry sha11 be from within a main buitding
with no exterior entry, except a secondary entry may be allowed
from an urterior courtyard.
e. All recreational accessory uses, such as a swimming pool, sPa,
tennis court, clubhouse, sauna and exercise mom, sha11 be lacated
within a main building or within an interior courtyard. The primary
customer entry shall be from within a main building with no
exterior entty, except a secondary entry may be allowed from an
interior courtyard.
f. Hotels shall be subject to the requirements of section 78-29i and
all other applicable sections of this chapter.
(13) Motor vehicle deal.ers, subject to the following conditions:
a Size shall be regulated with a minimum of two acres and a
maximwn of eight acres. Motor vehicle dealer esta.blishments shall
be prohibited from locating witbin 1,0041ineal feet of an existing
or previously approved motor vehicle dealer establishment within
the village.
b. Hours and days of opezation shall be restricted as follows:
1. Twenty-fo�=hour operation is prohibit�.
2. Specific closing no later ti�an 9:00 p.m.
3. Sunda.y operating hotus iimited to 11:0(} a.m. to 6:0(} p.m.
4. No opening for business on Monday through Satluday
before 7:00 a.m.
c. The use of banners, �gs st�eameis, t�lloons or any similar device
shall be prolubited. The use of flags and flaanoles shall be_nursuant
�articie XI of tlus ch anter
d All customer servicing, including washing, waxing and cleaning,
and repair of motor vehicles, shall be conducted within completely
enclosed. buildings.
13
e. All patts, supplies and materials shall be located or stored within
completely enclosed buildings. Except far the �rkin� of motor
vehicles to be sold, rent�, or serviced, there shall be no outside
starage of any kind.
f. The business of the sale, brokerage, and rental of velticles is only
to be conducted within an enclosed showroom. Outdoor velricular
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
sb.all include, but not be limited to, the following:
1. Deline.�ion of the customer parking area and the
config�uation of the parking spaces for the customer
Paz� �
2. D�lineation of an em.ployee parking area and die
configuration of the pazking spaces for the employee
parlang area
3. Delineation of the required enclosed vehicle showroom
building.
4. Deline�kion of an acceptable outdoor velucle display area
and the configuration of the parking spaces for the display
azea
5. I�lineation of �ny proposed vehicle storage are,�a.
h. 1Vlator vehicle deaiers s�ll be required to provide a velucle
showtoom building of no less than 3,000 gross square feet in area.
i. Major and minor repair activifiies sha11 only be accessory uses to
the principal use. Major and minor repair activities are as defined
in tlus chapter. Paint and body shop activities or facilities shall be
prohibited.
j. All " sales, as well as all "telethon," ��marathon," "24 hours,"
etc., sales efforts or campaigns of any type, shall be prolubited.
k. The uss of spotlights, skylights, sarchiights, or other similaz high
intensity illum.inaxion lighting shall be prolubited.
1. All artificial lighting used to illuminate the premises shall be
directed away fram adjacent or abutting properties, sireets, alleys,
or roadways, illuminating only the subject site.
m. All radio, televisiun, or other similar media broadcast from
anyvvhere on the premi�es shall be prohibited.
n. Any use of animat� or mechanical animal, clown, etc., devices,
also, anyone cazrying sales signs, advertising, or placards of any
kind, from anywhere on or adjacent to the premises shall be
prolubited.
o. All writing, lettering, pricing, advertising, or signage of any type
being placed direckiy upon or within any motor vehicle or part
thereof (i.e., windshield, window, roof, hood, trunk, side panels,
etc.) shall be prolu'bited However, nothing in this subsection shall
14
be construed to prohibit provision of required veluculaz
information stickers or labels as may be required by fed�rai, state
or other law.
p. All motor vehicle sales establishments shall be rest�ricted to U.S.
Highway 1 frornage. However, this shall not pr�lude frontage on
additional rights-of-way, Provid� that ingress and egress within
the additional frontage s�hall be prolu'bited. Additionally, frontage
along additional rights-of-way shall have a 15-foot buff�red
landscap�i area separating the properly from the right-of-way.
Required frontage along U.S. H'ighway 1 shall be required to ha.ve
a 15-foot landscaped buffered area ssparating 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
ttus chapter.
r. All vehicle storage areas shall be fenced or walled o� Designated
velucle storage azeas shall be contained within the rear yard of the
subject property.
s. All applicable sign regulations of the village �vided in articl�
�f t�,si chgnter s�hall be applied aad met.
t. The use sha11 strictly conform with the village landscape
regulations, article IX, division 4 of this chapter. Additionally, 15
percent mi.nimum of the entire si.te sha11 be devoted to living
landscaping.
u. The entire site shall be hedged, Iandscaped, buffered. and irrigated
in accordance with village landscape regulations, arkicle IX,
division 4 of this chapter.
v. The us� of raised or open hoods, trunks and doors for
adverkisement or attention s�eking purposes shall be prohibited.
Utilization of unusual parking alignments such as "back end first"
configutations for advertisement or attention seeking purposes
shall also be prolubited.
w. Stormwater runoff must be retained on site in accordance with
South Florida Water Management DisEriict guidelines. All motor
velucle sales establishments mnst 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 vehicies for sate, rental or display, not located within an
enciosed structure, must be �rked at grade.
(14) Shopping c;enters.
(15) Places of assembly (1,515 square f�t or more� subject to #he
following conditions:
a All presentations and evems shall be conducted entirely within a
building.
IS
b. Allowed accessoiy uses are: preschool and school facilities�
assembly halls, saactuaries 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. F.ach drive-up window stacking laae must be clearly designed and
marked so as not ta conflict or interfere with other vehicle or
pedestrian traffic uti.lizing the site.
b. A bypass �c lane shall be provided. if a one-way haffic flow
pattern is utilized in the �ng lot desiga
c. All restaurants, fast food, sha11 be resttricted to U.S. H'ighway 1
frontage.
d. A minimum 15-foot landscape buffer shall be provided at all
public mad rights-of-way, in addition to the requirements set fc�rth
in article IX, divisiaa 4 of this chapter.
(18) Adu1t arcade amusement centers ("adult arcades") upon a
determinaRion by the village council thai tbe proposed use is consistent
with #he provisions of F.S. § 849.161, and subject to the following
additionat stemdards. This regutation shall not apply to bona fide charitable
organizations that have been awatded Section 501(c)(3), status under the
Internal Revenue Code of the United States, and wluch may operate five
or fewer games of amusemem, chance or skili on their premises.
a. Definitior�. 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 amusem�t, chance or
skill are played, whether far consideration or not. The prese�nce of
games or gaming devices that are similar to, or in the nature of,
slot machines shall result in a rebuttable presumption that the
es�ablishment at which such machine is located is an adult arcade
as defined herein.
b. Locatiorr. No special exception shatl be gran�ed. for a new adult
arcade or to permit the substaatial 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 caze facility,
a church or hous� of worship, a public library, an alcoholic
beverage establishment, ar a public park. The reqiurec12,500 feet
minimum separation shalt l� measured by drawing a straight line
between the nearest point on the perimeter of the property li.ne of
the proposed adult arcade use, to the nearest properhy line of the
other existing use. An adult arcade shall not be loca.ted within the
same development, planned unit development, plaza, shopping
Ib
center, retail office or industrial park, as any other ad.ult amade
regardless of the separation clistaaces.
c. Operational requirements
1. Adult arcades shall not be open to the public before 9:OQ
a.m. or after 9:00 p.m.
2. An employce 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
operations.
3. No alcoholic beverages, including beer or wine, may be
brought to, sold, distribut�d, or consumed on the premises
of any adult arcade.
4. No person uader the age of 18 years shall be permitted on
the premise.s of an adutt arcade uniess such person is
accompanied by a parent or legat guar3ian.
5. An ad.ult arcade shall not discriminate based upon race,
creed, gender, national origin, religion, or physicat
handicap.
6. The u� of gift certificates, gift cards, and/or other similar
items of value or cash substifirtes are strictly prolubited.
7. Prizes shalt be Iimited to $5.00 retail vaiue per day, and
shall be confined to use on the premises.
8. A11 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. La.w enforceme�t and village code enforcement officers
shall have full access to enter and inspect any machine at
any ti.me to ensure compliance with the provisions of tlus
section, and the r�uirements 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 virival casinos, Intemet
gambling websites, lotteries, bingo games, or participating
in any way in any other gaming or gambli.ng activities
(whether making, transmit�ing, or receiving be�ts, wagers,
etc.) is strictly prohibited No owner or op�rator of any
adult arcade shall provide or make available any such
equipment for use by its patrons and other persons on the
premises, nor sha11 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,
prolubitions, and statates, as are adopted and may be
17
amended from time to time, are hereby incorporaxed by
reference into this section.
11. The violation of any of the provisions of this section shall
constit�rte sufficient grouads for the village council's
revocation of the speeial exception for the adult arcade.
d. Signage. The use of any imagery or graphics on a sign referencing
gaznbling or games of chance including, but not limited to, slvt
machines, poker wheels, or any other similaz machine or device is
proltibited and unlawful, when visible from the exterior of the
adult arcade, including, but not limited to, wa11 signage and
window signage. The use of strip, neon or flashing lighting is
pmhibited and unlawfiil. signs shall comnlv with article XI o
�� C
e. Parking. The parking requirements for an adult arcade shall be
prescribed in the de�elopment order granting the speciat exc�ption.
f. Supplemer�tal special exception requirements. The following
supplemental requirements sha11 apply to all adult arcades, and
shall be set forth as conditions of approvals, in all d�velopment
orders granting a special �ception for an �ult arcade.
1. The property owner and/or the person or entity operating or
conducting the adult ancade shall regularly inform the
village manager, or desigaee, of any changes in the
informa�ion required in this section.
2. No person or entity shall operate or conduct an adult arcad.e
in the village without first navin� �h� a�nrornia_#� bLSLess
d obtaining a business tax receint e�-eee�esa�
�ieesse from � the village and Pa1m Beach County.
3.
.A busin for an adult
arcade use shall not be issued by the village, if azry person
with an interest in the enterprise or business operating the
adutt arcade, or an employee of the business, has been.
convicted of a violation of a federal or state law or stalute,
or any local ordinance pertaining to gambling or any other
crime involving moral turpitude within seven ('� years
preceding the application for the special exception.
g. Supplemental business t�r receint
requirements. These supplemental requiremems 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 �
business tax recei�t for an ad.ult arcade by
the village, an inspecti.on shall be made of the premises by the
village manager, or desigaee, building official, fire chie� cluef of
police, or their designee, each of whom must consent to the
1SSL18tltt� O� S11C�t. USiII838 f8X lP��1Dt 988H��98�8�9@. �Il
addition to the requirements of chapter ?0 af this Code, the
18
applicant for a business tax recei�rt for an
adult arcade, must provide the following information to the
satisfaction of the villa�e:
1. Proof that the applicant for a business tax recei�t �
eee�ps�ieea9e for an adult arcade is at least 21 years
of age.
2. The natne under which the enterpri� 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 principie occupation of every
person with an interest in the e:aterprise 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 mm�e of the manufacturer(s), serial rnimbers, name,
type, or description of each machine, mm�e of the actual
owner{s) of e�ch machine with a�ddres�s) and phone
nwnber(s), including aay person or entity with a financial
or an equitable interest, and all UCC financing statements.
7. Whether the applicant has ever be�n engaged in operating a
gaming or gambling house, card mom, �ames of chance, an
amusement arcade, of any type or nature, and when, where,
and how long in each place within the five years prece�ing
the da.te of the application
h. Machine registration requirements. Registrati.on of each
amusement device however operated, is required at the time the
application for a busiaess tax receint is
submitt� and the machine regist�ation must be renewed annualty
at the time the busine.ss tax recei�t ees�e�e�iee�se is renewed.
For each machi.ne registered in the village, a numbered metal or
plastic decal shall be is�ued by the village to the applic�nt for each
machi.ne and must be prominently dispiayed by the applicant of
where the machine is to be operated in the �ieegse� premises, the
manufaeturer of the machine, the manufacturer's seriai number,
and the sofi.ware version if any. Regislration decais aze not
transferable from person to person, business to business, lo�tion
to loca�i.on, or machine to machine. The registration decal for each
machine sha11 be attached thereto and in plain view at all times.
The fail.ure of any machine to display a curnent regislra�ion decal
shall be a violation of tlus section and subject to enforcement
action by the village. No machine will be eligible for a regish�ation
19
decal if its operation involves any material elements af chaace
unless:
1. The applicant submits with the application, sa.tisfactory
pmof 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 r�ords
required by Federal law to be maintained by those who
register uader 15 United States Code 1171, and certifies the
machiae bears the permanent marking required by Federal
law
3. The applicant shall keep #he registered machines, the
records of acquisition, location and disposition required by
Federal Law, and records of prize awards open to law/code
enforcement inspec#ion at any time.
i. Peace disturbances, gambling, intoxicated persorrs, minors No
tenant, lessee, licensee or owner of any adult arcade, or any
servant, agent, or employee of such a licensee or owner, shall
perinit upon the p�emises of an adult arcade, any of the following:
1. Disorderly persons.
2. Gambling or #he use o� possession, or presence of
gambling paraphernalia, as defined in Chapter 849, Fla.
Stat., or wagering, �ing, gambling and/or gaming via the
Internet, such as in virtual or cyberspace casinos or
othervvise, as more specifically prohibited herein,
3. Intoxicated or substance impaired persons.
4. Loud noise, sounds or music to emanate fram the adult
arcade, which noise, sounds, or music is disl:urbing to the
surrounding properties��s��bited bv chant,er 30 m�i.cle
�.
5. Any tenaIIt, lessee, licensee or owner, or any servant, agent,
or employee of mi adult arcade, shall be presumed to have
permitted the conduct enumerated in this section if it occurs
on premises housing an adult am,ade.
(19) Microbrewery.
(e) Prohibited uses and siructures The following uses and structures are prohibited
in the G2 district:
Any use or structure not specifically or by r�sonable uaplication
permitted in this section as a permitted use, accessory use or permissible
by special exception.
{�} Property development regulations (see also table irrset 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 SO 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/subte7ranean �rking is grovided. 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 srte
plan approval, and the village cotmcil may as p�rt 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, piusuant to subsection 78-255(2).
(2} Setbackr. The minimum setback for principa! and acc�ssory s�tructures in
the C-2 district shall be as follows:
Fmnt yard setback: 25 feet, provided however, that four- and five-story
buildings shall provide an additional five fe,et of setback for each story
above SO feet;
Rear yard setback; Ten feet, provided however, that no reaz yard setback
sha11 be required if the properiy abuts a railroad. right-of-way or spur track;
Side ya�d setback: Ten feet except a 20-foot side yard setback shall be
required at any in.tersectiag sfieet and where a properiy is contiguous with
any non-commercial zoning district.
(3} �nimum site areq lot width, and coverage requirerrierrts The minimum
site area. shall not be less than 7,500 square feet. The minimum lot width
shall not be less thaa 75 feet. The maximum lot covera.ge shall not exceed
44 percent.
(4) Open space. The minimum percentage of landscaped open space is 2S
P��
Sec. 78-178. C 3 general commercial district.
(a) Purpose. It is the purpose and intent of the C-3 general commeraiat district to
provide lands within the village as depicted on the offcial zoning map and
thereby encourage the development of a general variety of commercial uses which
provide a wide range of goods �d services.
{b) Permitted uses Permitted uses in the C-3 dis�trict aze as follows:
(1) Retail sales and. services.
(2) Business services.
(3) �ealth care fac'litv or mecLcal or dental ofFi�e: Professiona�t o�ce:
Professional services.
(4) Personal services.
(5) Retail �ckage liquois, eee� lounges and bars.
(� Restaurants excl , �u� fast food restaurants. drive-in restaurant� an
carrvout restaurants
t'7} Nurseries. - -
{8) Florists.
(9) Printing establishments.
{10} Carvv�ash.
{11} Bakery.
(12} Atrtomotive repair establishments.
{13} Dry cleaaing and laundry establishments, inc_ ludin�; laundromats.
{14} Wholesale establishments.
(I S} General service and repair establishments.
21
(16) V�'lreless telecommunica�ion to wers and an nac 1� 9II
�1_._�P owned rnnneriv. �L��Am t� Ar� IX. Division 5.
(I6Z� Motor vehicle dealers, subject #o the following conditions:
a. Size sha11 be regulated with a minimum of two acres and a
maximum of five acres. Motor vehicle deater establishments sha11
be prohibited from locating withi� 1,000 lineal feet of an existing
or previously approved motor vehicle dealer establishment within
the jurisdictional boundaries of the village.
b. Hours and daqs of operation shall be restricted as follows:
1. �24hour operation is rn�ohibited
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, �gs streamers, balloons or airy simiiar device
shall be prolubit�. Th_e L� of fl9� and �les at_ b�n�,..
e XI of this chanter
d All customer servicing, including washing, waxing aad cieaning,
and repair of motor vehicles, shall be conducted within cflmpletely
enclosed buildings.
e. All parts, supplies and materials sha11 be located or stored within
completely enclosed builclings. ExcepE for the pazking 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 principat primary purpose or
fimction for which any buiiding, iand area. or premises is utilized
shall � prohibited. The motar vehicle desler must be in possession
of a sfate 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 velricle dealer establishment owneiship
be in possession of a state department of motor velucles fianchised.
motor velricle dealer license for tbe site of the motor velucle 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
parkin� area
2. Delineation of an employee parking area and the
configuration of the parking spaces for the employ�
P�'� �-
22
3. Delineation of the required enclosed new vehicle
showroom building.
4. Delineation of an acceptable outdoor velucle 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 ma.y be utiliz�ci for the display of used motor
vehicles.
i. Motor vehicle deaters sha11 be required to provide a new vehicle
showmom building of no less thaa 3,000 gross square fe+�t in_.�.
j. All "tent" sales, as well as all "telethon," "marathon," , �24 houts,"
etc., sales efforts or campaigns of any type�shal.l be prohibited.
k. The t�se of spotlights, skylights, searchlights, or other similar high
in�ensity 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 fram
anywhere on the premises shall be prohibited.
n. Any use of animated or mechanical animal, clown, e�tc., d�evices,
also, anyone cazrying sales signs, advertising, or placards of any
kiad, fram anywhere on or adjacent to the premises shali 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 prolubited. However, nothing in this subsection shall
be cons�rued to pmhibit pmvision of required vehiculaz
infor�mation stickers or labels as may be required by federal, staxe
or ather law.
p. Motor vehicle dealers shall be subject t� the requ,irements 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�t property.
r. All applicable sign regulatians o� the village � in article
IX af this cl�anter shall be applied and met.
s. The use shall strictly conform with the village l���sca�
regulations, article IX, division 4 of this chapter. Additionally, i 5
percent minimum of the entire site shall be devated to living
landsca.ping.
t. The entire site shall be hedged, landsc�ped, buffered. and inigated
in accordance with village lanctsca�e regulations, article IX,
division 4 of this chapter. Additionally, a 15-foot buffered
23
landscaped area s�rpaiahng the front yard. of the �moperly from
abutting right-of-way s�a1l be required.
u. The use of raised or open hoods, tnmks and doors for
advertisement or atteation seelcing putposes shall be prohibited.
Utilizati,on of unusual p�rking alignments such as "back end first"
configurations for a�dvertisement or attention seeking puiposes
sball also be prohibited.
v. Stormwater runoff must be retained on site in accordance with
South Florida. Water Management District guidelines. All motor
velticle sales establishments must pravide on site waste retention
facilities for chemical and petroleum products.
w. No outdoor public address or paging system of any kind sl�all be
permitted at any motor vehicle sales establishment,
x. All vehicles for sate, rental or display, not loca� within aa
enclosed structure, must be parked at grade.
(1'n Places of assembly (1,500 square feet or less), subject to the
following conditions:
a. All �ons and events shall be conducted entirely within a
building.
b. Allowed accessory uses are: preschool and school facilities�
assembly halls, sanctuaries or similar meeting moms� community
centers or fellowship h�lls� administr�ive offices related to the
facilit3'� gift shops for merchandise related to the facilitY�
playground.s and atliletic fields.
(18) Veterinaty office.
(c) Accessory uses. Accessory uses allowed in the C-3 district are as follows:
Any accessory use customazily incidental to a permitted use.
(d) Special exception uses. Special exception vses in the G3 district ffie as follows:
(1) Public utility s�es-a�� buildings such as water pumping piants, water
trea.tment piants, sewage plant lift stations � electric substations�,—�
police and fire stations and any other use normally appmtenant thereto�
libraries and governmental �s �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 ac�essory uses are: preschoal and school facilities�
assembly halls, sanctuarie.s or similar meeting rooms� community
centers or fellowship halls� adminis�ative offices nelated to the
facility� gift shops for merchandise related to the facility�
playgrounds and athletic fields.
(3} Theaters.
a, All presenta.tions, shows and events shall be conducted entirely
within a building.
b. No presentations, shows or eve�rts shall be started after I 1:00 p.m.
(4) Full-xrvice fuel station or �asoline service station, provided:
24
a. There shall be a mRin building setback from all right-of-wa.y lines
of 40 feet.
b. Main and accessory buildings sha11 be located a minimum of SQ
feet from any resideatial dislrict.
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 openi.ngs aad access driveway widths and locations shali
meet the requirements of article X of this chapter, e�ccept as
provided for in subsection (d)(4� of this section. Curb openings
shall be liinited to two per stt�eet frontage.
e. Where two curb openings are providi.ng access to a single street,
they shall be separated by an approved Iandscape 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*ninim� of ten feet from any
�J�� P�P�Y line.
f. To ensure that sufficient raom be provided on eitl�r side of the
fuel pumps without iatruding upan sidewalks or upon adjoining
property, fuel pumps shall be lo� a minimum of SQ feet from
any adjo properiy aad a minimum of 25 fcet from any street
P�P�Y 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, fiiel or any similar product shall be located in such a
manner that they are completely separate from nequ,ired customer
parking spaces and access drives and aisles thereto.
i. The selling, renting or leasing of new and/or used motor vehicles,
trailers or recreat�ional vehicles is prohibited.
j. All oil drainage pits, hydraulic lifl�s and mechanical repair work
shall be loca�ed and conducted withia an enclosed. building or
structure.
k. No bady damaged vehicle or vehicle components of any kind or
condititon shatl be euposed to view fmm a public road right-of-
�y.
1. fil-cetvice f�l s�ons arsi ea�o in� setvice s�ons �hall be
with an emergencv backun eenerator svstem of sui�'icient
�z_e_and �ower to onerate the fuel numn'� svste� for a inim�n,
of seven davs. . _ _ __
(5} Convenience store, provid�:
a. The proposed convenience store sha,ll be subject to all spe�ial
requirements for fuel dispensing businesses service fuei
'ons and �avoline 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 obstr�ctions of view from
the adjacent s�treet to the main store windows giving a clear and
unobstructed view of the cashier's station, including o�tions of
landscaping and fuel service islands.
d. The proposed store sha11 incorporate into its construction and.
operation fire protection devices as required by the � ee�
fire-rescue dep�artment
e. The propas�. store shall have adequate on site lighting that
illuminates all parking, loading and fuel service islands.
f. No convenience store sha11 be located within 1,500 feet af any
other convenience store. For the putpcfses of tlus subsection, all
measurements of distances s�hall be along a straight airline mute
from the nearest �int on any property line to the nearest point on
any property line of any pmperty used as a convenience store.
g. The propased convenience store shall have appropriate security
systems to include, but not be limited to, the following:
1. Convenience store vses shall be equigped. with cameras
with video retrieval capabiiities.
h. This requirement shall be exempt� if the
convenience store employs two or more employ�
at the same time between the hours of 11:00 p.m.
and 7:00 a.m.
iii. This requirement shall also be exem.pted if the
convenience store closes on a permanent basis by
11:00 p.m. or does not sell �lcoholic bevera�es �
er�ae for consumption off-premises.
2. The convenience store may be equipped with. a silent alarm
connecte,d to the police department.
i. The proposed convenience store shatl not have as a part of its
operation coin-operated amusement devices.
j, A.LI convenience stores that Lclude fuel distiencin� serviceS sha]t
be eauinned with an emergencv backu� generator svstem a
su£f cient si�E and nc�wer t� operatP the �1 u�*r+un '� sv�±s �4r a
�ninimum of seven da.vs.
(6) ir�less telecomm_�nic,�+�'on towers �d �*+�P*+n� locAt� �n tnonertv that
's not village awn�. nursuant to Art. IX. Division 5�i�
(7) Indoor amusements (bowling, pool, billiards, video garne arcade and
similar amusements).
(8) Drive-in/fast food/carryout restaurants.
a. Each drive-in stacking lane must be cleazly defined a�ui designed
so as not to conflict or interfere with other vehicle or pedestrian
tra�ic utilizing the site.
b. A bypass lane shall be provided if a one-way traflic flow pattern is
utilized in the parkin� lot
26
(9) Automotive repair establishments (major or minor),
(10) Shopping centers.
(11) Ad1L1t mm� DLTS �LIIt t0 8rhC�e XIII Of �S CbSDt�
(e) Prohibited ures arrd structures The following uses and struchues are prohilrited
in the C-3 district:
Any use or structure not specificaily or by reasonable unplica�ion
permitted in this section as a permitted use, accessory use or permissible
by special exception
Sec. 78-179. R/OP recreationiopen space district
(a) Purpose. The purpose and intent of the R/OP �on/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
pernut limited recreational � w1ule conserving the environment and natural
features of those areas.
(b) Permitted uses Permii�. uses in the R/OP district are as follows:
(1) Golf c�urses.
(2) Neighborhood and community public recreational facilities.
(3} Piaces of assembly (any size), subje�t to the following conditions:
a. All presentations and events shall be conducted entirely within a
building.
b. Allowed accessory uses aa�nee: preschool and school facilities�
assembiy 1�a1Ls, sanctuaries or similar meeting rooms� community
centers or fellowslup halls� administra.tive 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) Accessory 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 � ALi nernit�� and accessorv vses in th�
R/OP �strict shail under�o snecial excention review as nrovided in articie IX
division 3 of this chanter
(e) Prohibited uses and structures The following uses aad structures are prohibited
in the R/OP district
Any use or shucture not specifically or by reasonable implication
permitted in this section as a permitted use, accessory use or permissible
by special exc�ption.
Sec. 7&180. MU miaed-use distri+et
(a) Purpose. The pw�wse and intent of the MU mixed-ase district is to establish a
village ce�er which creates a vitat, divers� core for the principles which utilize
mixed-use development concepts and which penmit a combination of usually
separated uses within a unified development district area. Naturai features should
27
be enhanced and environmental conditions carefully assessed. Commercial u�s
are intended to be limited to specialty small scate retail sales and services,
business xrvices and professional services primarily designed to serve residential
neighborhoods of the village. Otientation to and com�tt'bility with
neighborhoods tu be serv� are e.ssential. Residential uses are intende,d to
encourage the accomptishment of a more complete residentiat living environment
thr�ugh the applic�tion of imaginati.ve approaches to ee� development
which establish neighborhood ide�rtity communitv focus
. It is further the purpose and intent of this area to
provide lands for a range of residential uses from lower density singie-family to
higher density residential uses. Traffic circulation should not only accommodate
vehicul�r traffic, but provide for the efficient movement of p�iaa and bicycle
traffic.
{b) �Ipplicability of dsvelopment regulations to mixed-use development: Although
mixed-use development produced in complianc� with the provisions and
requirements of this section and other regulations as set forth aad detailed in this
chapter may depart from the stdct applic,ation of �► development
regulations expressed in this chapter, such developmerrts 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-us� 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 I.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 regulatiorrs. Where conflicts exist between the mixeci-use
district special regulations in tlus section and general zoning, subdivision and
other applicable ordinance provisions, the special regulations in this sec�ion shall
aFP�Y-
(d} General requirements and specfal regulations The following general
requi.reme� and special regulati.ons shall apply to planned mix�-use
develapm.ent within the mixed-use district:
{1) .Location. A planned mixed-use development is permitted only in the
special planning diskrict 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 zoni.ng map as district MLJ.
(2) Configuration of site. Any tract of land for which a planned mixed-use
development application is made sha11 contain sufficient width, depth, and
frontage on a publicly dedicated arterial or ma.jor sdreet or appropriate
access thereto to adequately accommoda�e its proposed use and design.
(3) Unity of title. All land iaclwded. for purpose of development within a
planned mixat use deveio�ent shatl be ander unity af title of the
petitioner for such zoning designa�ion, whether #hat petttioner be an
uidividual, partnership or corparation, or a group of individuals,
partnerships or corpora�tions. The p�titioner shall present firm evidence of
2$
the vaity of title of the entire area within the proposed planned mixed-use
development and sha11 state agreement that, if he procee�s 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 modific�tions as may be
attached to the approval.
b. Provide agreements, covenants, cont�acts, deed restrictions or
sureties acceptable to the village for com.pletion of the undertaking
in accordance with the approved site plan as well as for the
continuing operation and. maintenaace of such areas, functions, and
facilities as are not to be provided, opera�ed or maintained at
general public expense.
c. Bind his development successors in title to any commitmems made
imder subsections {d)(3�. and b. of this section.
(4) Density. For the pur�se of this section, if dwelling units are to be
deveiopai. as part af a proposed development within the mixed-use
dis4rict, 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 residerrtial uses, with the following exceptions: ACLFs shall be
computed on the basis of 18 dwelling units per gross acre; and
rehabilita.tion facilities shall be computed on the t�sis of eig�t dwelling
units per gross acre.
(� Building height. The maximum building height allowed shall be fo�
stories or 50 feet above average finish grade.
{e) Site plan review. In adherence to Policy 1.12.1 of the village comprehensive
development plan Future Land Use Element, a11 proposed development plans for
the mixed-use dislrict shall be subject to review and approval by the village
councii.
( fl Urbcse design principles The following utban desiga principles shall be
considered as guidelines in all developmeirt proposals of the mixed-use district:
(1} That mixed use promotes economic and social well-being.
{2) That streets serve the needs of the �Strian and the automobile.
(3) That proposed squazes 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 clazity and civic
fvnctions.
(5) That carefully placed buildings deli.neate and define public spaces and lots
and blocks.
(6) That streets are designed aad act as mnenities to the development and as
quality public space.
(g) Urban design objectives. The following urban design objectives sha11 be
considered as guidelines in ail development proposals of the mixed use district:
(1) To bring m�ay of the activities of daily living, including dwelling,
shopping and other activities, withia waiking distance.
29
(2) To reduce the number and length of automobile trips to relieve traffic
congestion.
{3) To provide internal velucular circulation to relieve tr�ic im�ct 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 dwelli.ngs.
(2) Twafamily dwellings.
(3) Multiple-family dwellings.
(4} Sma11-scale retail sales and service. excludin� retail nackage liauors. A
maximum 5 O�I� �38A square feet of gross leasable azea is allowed for
each tenant area or individually owned unit
(5) Business services. A maximum 5� �399 square feet af gross leasable
area is allowed for each tenant azea or iadividua}ly owned unit
(6) th care facilitv or merLcal or dental office: Professionat office:
Professional services. A maximum Q4 �,3AA square feet of gross
leasable area is allowed for each tenant area or individually own.ed unit
('n Personal ssrviceS. A maximum ��,39A square feet af gross leasable
area is allow� for each tenant area or individually owned unit
(8) Bakeries. A maximum 5 Q� �SAA square feet of gross leasable area is
allowed for each tenant area or individually owned unit
(9) Reereation/open space.
(10) staurants fincluding canvout). A maximum 5=000 sauaze feet of
�ross leasable area is allow� for each tenaat area or indivi �A11y owned
�
(11) Places of assembly {1,SQ0 sqaare feet or less), subject to the
following condi#ions:
a. All presentations and events shall be conducted entirely within a
building.
b. Allowed accessory Uses are: preschool and sch�l facilities�
assembly halls, sanctuaries or similar meeting rooms,� community
centers or fellowship halls� administrative offces r�lated to the
facility� gift shops for merchandise relaxed to the facility,�
playgrounds and athletic fields� and rectory or similar residence
for fi�i�' ��kg�exs officiais or on site cazetakers, limited to one
dwelling unit
(i) Special exception uses. Special exceptioa uses in the mixed-use disirict are as
follows:
(I} �'�'�
(2) Public buildings and facilities.
(3} Reserved.
(4) Places of assembly (1,515 sqvare feet or more), subject to the following
conditions:
30
a. All presentations and events shall be conducted entirely wi#hin a
building.
b. Allowed accessory uses are: preschool and sc�ool f�cilities�
assembly halls, sanctuaries or similar meeting rooms� communiiy
centers or fellowship halls¢, administrative offices related to the
facility-� gift shops for merchandise related to the facility�,
playgrounds and athletic fields� aad rectory or similaz residence
for �� officials or an-site caretakers, limited to one
dwelling unit
(5) Schools
(6) Bed and breakfast.
(� Hotel.
{8) Adu1t 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}.
{IO) Reserved.
(11) Railway station.
(12) Plann�l residential development (PRD) subiect to the nrovisions
of article VII of his chanterl
(13) Planned commercial development (PCD) �iect to the rnovisions
of article VIII of this cha,�l.
(14) Permitted uses under subsections (�►)(4), (5), (6), (�� � (8) �
�0 of this section in excess of �� square feet (�g la�ge
scale retail sales aad service) wluch 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 intertere with other vehicle or
pedestrian tra�ffic utiiizing the site.
b. A bypass traffic lane sha11 be provided if a one-way traffic flow
pa.ttern is utiliz�ed in the parking lot design.
c. a11 n�ta�ran#s, f�st food, shall be restricted to U.S. H'ighway 1
fmn'tage.
d a minimum 15-foot Iandsca�e buffer shall be pmvided at all public
r�d rights-of-way, in addition to the r�uirements set forth in
aFticle IX, division 4 of this cbapter.
(1� Rehabilitation facilities, subject to the following canditions:
a Rehabilitation facilities shall be prolribited from being located
withi.n 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 maxinaum of 40 percent of the dwelling units sha11 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 squste feet.
31
d. Occupant load for individuais r�eiving treatment shall not exceed
the number of bedrooms. Bedrooms and studio dwelling units shall
be for single occupancy only. Overatt density €or a rehabilitation
facility shall not eicc�eed eight dwelling uni�.s per gross acre.
e• Dwelling writs sha11 be configured as follows:
1. Studio units, if provided, shall have a one combination
bedroom/living area/ kitchen, and a private bathroom.
2. One-bedroom units, i#' provided, shall have one private
bedmom, one private bathroom, private living areas and a
private kitchen.
3. Two-bedroom units, if provided, st�all have two private
bedrooms, two private bathrooms, common living areas
and a common kitchen.
f. Dwelling units shall not have separa,te individuai mailing
addresses. Rather, the rehabilitati.on facility shall maintain oae
master address which ail residents shall reside under during their
stay �t the rehabilitation facility.
g. Rehabilitation facititi.es must be equipped with a controlled space,
effectively screen� from public view, for azrivals and deparhu�es
of gatients. This space shali be lazge enough to accommodate an
ambutance for transporking 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 praeticai. 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 faciiity patients and for
village residents. The fence or wall sl�a�li be constructed in such a
manner as to compliment and accentuate the principal structures of
the reha.bilitation facility. Both the interior and exterior sides of the
fence or wall sha11 be landscapead. in �ccordance 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 tr�c engineering
standards of the American Association of State Highway and.
Transportation Officials (AASHTO) and the county shall be
provided in both directions from the inteisection pourt of the
property lines.
i. The rehabilitation facility sha11 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 da.ys.
j. The rehabilitation facility shall by separate agreement guarantee
paym.ent to the primary fire rescue provider for patient ambulance
transport service.
�z
k. In canjunction with the applica�ion for special exception use, the
rehabilitatioa facility shall submit a security plan that inclwdes
patient off-site visits. The security plan shall be appmved by the
village couacil with input from fi�e chief of police.
L The rehabilitation facility sha.11, through its legal counsel or
c�rparate officers, submit monthly reports to the Village's
Community Development Director no later than the 15 day of the
month, that establish and docum.ent tl� previous month's
compliance with all rehabilitatian faci�it3' fimding recluirements as
well as occupancy and treatmen# requirements and restaictions,
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 senrices. Additionally, the rehabilitation facility
shall pmvide the Village Mana�er with an avnual independent
audit documenting complianc� with those requirements and
restricfiions during the previous calendar year, na Iater t1� Jwne 30
of each year.
m. In conjunction with the application for special exception use, the
village may, at its discretion, secure an impact analysis sludy,
performed by an independent e�titY, �'� � P�Pased
rehabilitation facility's projected community wide impacts. 1�is
�Y� � Pre� � ��cally 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 patential impact on the village's
emergency medical resources. In addition, the study should address
the proposed rehabilita.tion faeility's impact on the quality of life
for neighboring properties and the village as a whole.
n. In. conjunction with the agplication for a business tax receipt and
the annvat zenewal thereo� a reh�bilitation facility sha11 submit to
the village, in the form of a sworn affidavit by the rehabili#ation
facility`s legal representative who is authorized to do so, written
documentation that the rehabilitafiion facility is in compliaace with
all requirements of this s�ection as well as the definitional
requirements of seclion 78-4. Should the rehabilitation facility's
business tax receipt be issued based upan a false affidavit, the
village may scek to impose all penaltie.s allowed by la.w, 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 secti.on or any of the definitional requiremems
of section 78-4, the village may obtain relief through the code
enforcement special magiskrate process pursuant to chaptet 2,
article IV of the Village Code of Ordinances. For purp�� of the
code enforcement special magistrate process, each day that the
rehabilitation facility is found to be in. violati.on shall be r.onsidered
a sepai�ate offense. In additian to the code enfomement special
33
magfstrate process, the village may s�k 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 Acc�ssory uses allowed in the mixed-use disirict are as follows:
{1) Any accessory use customarily incidental to a permitted u�.
(2} Private gazages, swimming Poots, spas and hot tut�, cabanas and saunas,
greenhouses, tennis courts, clubhouse.s, utility buildings, gazebas, and any
other similar use deemed appropriate by the building official.
(k) Pla�tned mxxed-use development iew nrocess required Use of the n}� lanned
mixed use development (PMUD) review rnocess is required for all permitt�,
special exception, and accessory uses within the mixed-use d,istrict except for l�ie
eveloume�t or veloument o lots or parcels of less than three acres.
(1) Prohibited uses. The following uses aze prohibited in the mixed-use district:
(i) Wholesale.
(2) Warehousss.
(3) Carwash (that is not an accessory use)
(4) Motel.
(5) Motor vehicle dealer.
(6) Pawnshop.
('n Fu1i-service fuel station/gasoline service station
(8) Flea markets, indoor or outdoor.
(9) Automobile repair establishmeats �es, including garages and body
shops.
(10) Kennels or veterinarv� ,
(11) Any other use or stiucture not specifically or by reasonable
implication permitted in ttus section as a peimitted use, special exception
use or a+ccessory use.
(m)Property developmerit standards Prop�rty developme�nt standards for the mixed-
use district shall be as set forth in this subse,ction Howe�er, 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 are complied with in the development of the mixed-use
district
(1) Parking requirements On-s�trreet and off-street parking 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-stceet spa�ces. When using on-
street parking to meet a poriion of the required parking for a propoxd
project, only those spaces that lie within the street frontage areas of the
ProP�Y may be included in the total calculations for meeting the
minimum required parking ret}uireme�s.
(2) Right-of-way width The minimum width of rights-af-way within the MU
district is as follows:
a. Major street (colle�tor}: 50 feet.
b. Minor street (collector}:
1. Two-way sEreet: 50 feet.
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2. One-way street: 42 feet.
(3) Drairrage of streets artd rights-of-way. Raised curb and gutter drainage
systems shall be the prefen+ed method utilized within the MU district
Alternate drainage systems shatl be approved. at the discretion of the
village council during the site plan review pracess for a proposed plarmed
mixed use development (PMUD).
(4) Sche�te of site regulations Site regulations in the MU dislrict are as
follows•
a Mi.nimum lot size 3�pp ��
feet
b. Mininaum lot width 4p f�
c. Maximum lot coverage:
Residential 62%
Commercial:
For a single minunum. sized iot 60%
For two or more lots or parcels in excess of the minimum sized lot under 70%
unity of tit�e
d. Minimum front yard setback:
Residential 10 feet
Commetcial p �
e. Minimum side yard setback:
Residential:
On one side 0 feet
On rem�iring side 7 feet
Commercial:
Qn both sides where commercial abuts commercial 0 feet
Where commercial abuts residential 7 feet
f. Minimum rear yard setback:
Residential 10 feet
Commercial:
Where commercial abuts commercial 0 feet
Where commercial abuts residential 10 feet
g. Minimum living area requirements Not applicable
h. Minim� landscaped/open space:
Residenfisl 25%
Commet�eisl 259/0
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(5} Landscaping requirements. Off-street parking facilities and all properiies
within the MU district shall be landscaped in accordance with article iX,
division 4 of this chapter.
(6) SIS�s All wall, fieestanding, monument, ceiling-mounted walkway,
project identification, composite, changeable letter and similar signs
�d/or signage sh,all be in keeping with the purpose and intent of the
mixed-use district and sball be subject to review and approval by the
village. Sections 78-731, 78-733, 78-734, 78-735, ?&736, ?&737, and 78-
738 shell apply within the MLT mixed-use clistrict
Secs. 78-181 78-220. R�erved.
Section 2: Ea�ch and every other section and subsection of Chapter 78. Zoning. shall
remain in full force and effect as previously enacted.
Section 3c 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 �rdinance or any portion thereo�
any para.graph, sente,nce 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 Ordinanc�.
Secttion 6: This Urdinance sha11 become effective immediately upon passage.
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