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HomeMy WebLinkAboutMinutes_Workshop_10/30/1986_ VILLAGE OF TEQUESTA MINUTES COUNCIL MEETING WORKSHOP HELD OCTOBER 30, 1986 The Village Council held a bVorkshop meeting on Thursday, October 30, 1986 at 7:00 P.M. at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, to review the "Proposed Commercial Zoning Revisions" to the Village of Tequesta Zoning Ordinance, concerned primarily with the modification of the "C-2" and the newly created "C-3" districts. The meeting was called to order at 7:10 ~.M. Council- members present were: Carlton D. Stoddard, Mayor; Edward C. Howell, Vice-Mayor; Members: Jill K. Gemino, Edwin J. Nelson and Ron Mackail. Village officials present were: Thomas G. Bradford, Village Manager; John C. Randolph, Esq., Village Attorney; Scott D. Ladd, Building Official; Bill C. Kascavelis, Finance Director/Village Clerk. Others present were: Gene Caputo and Mark Kutney representing "Executive Management Consultants", Village Planning and Zoning Consultants. Mr. Caputo reviewed the proposed changes to the Village ~ Zoning Ordinance. (a copy of the proposal with notations of sections to be revised is attached and made a part of these minutes). Upon completion of the presentation, Mr. Caputo indicated he would incorporate the changes noted by Council to include: 1) Re-defining the definition of personal services to include similar uses. 2) Study hotel and motel as permitted uses in the "C-2" and "C-3" districts, 3) Analyze ACLF for appropriate density. 4) Study fee charges relative to all development matters. Upon completion of the revisions and review by the appropriate administrative officials of the Village, the recommendations will be re-submitted to Council for their review. There being no further business to be conducted, on this matter, the meeting was adjourned at 9:30 P.?~I. r ~i~C EXECUTIVE MANAGEMENT CONSULTANTS 3959 LAKE WORTH RD. • LAKE WORTH, FLORIDA 33461 • (305) 965-4006 Comments/Revisions from 10/29/86 Staff Keview of Proposed Tequesta Zoning Admendments. 1. Add Municipally owned or operated parks as a special exception in Residential Districts. 2. Pg. 2 - Renumber definitions for the various types of restaurants. 3. Pg. 5 - Arcade, Game/Video: Amusement Device/Coin or Token Operated: Pg. 7 - Indoor Amusement: Add - This definition does not include any activity or the use of any game or amusement devise which would in any way be deemed as adult entertainment, which is provided for elsewhere in this zoning ordinance. 4. Pg. 5 - Automobile Sales - Change to Automobile Sales/Leasing • 5. Pg. 6 - Correct spelling of Eminent Domain. 6. Pg. 8 - Delete - Specified Anatomical Areas. 7. Pg. 10 - Add New ~~7: Carry Out Restaurants. 8. Pg. 11 - Change ~~7 to: Carry Out Restaurants. 9. Pg. 15 - 410 a.2.: Delete word "penny". ~~13 -Revise to - Drive-in/Fast Food/Carry out Restaurants. 10. Pg. 15 - ~~14 Revise to Automotive Repair Establishments (Major or Minor). Delete items a - e and incorporate into a new definitions for Automotive Repairs - Major and Minor. 11. Pg. 18 - (1) Rewrite as follows: ~.. No body damaged vehicle or vehicle component whi~h~5 exposed to view from a public road or adjacent properties3,shall be permtt•ed'. • PLANNING • ZONING • MANAGEMENT • RESEARCH Comments/Revisions Page 2 12. Pg. 20 - (a) tope of page 2nd line correct "sort" to "part" 13. Pg. 21 - 4~'s 8 and 12 delete "Engineer". 14. Pg. 22 - 4~9 - Change "site plan review" to "special exception". ~~9 - add $250.00 filing fee. ~~10 - delete entirely. 15. Pg. 23 - H (I) (1) add $250.00 filing fee. C • .~c EXECUT/VE MAHAGEMENT CONSULTANTS 3959 LAKE WORTH RD. • LAKE WORTH, FLORIDA 33461 • (305) 965-4006 T0: Thomas Bradford, Village Manager FROM: Gene Caputo, Village Planning b Zoning Consultant DATE: October 20, 1986 SUBJECT: Proposed Commercial Zoning Revisions Attached herewith is a copy of the first draft of the proposed revisions to the Village of Tequesta Zoning Ordinance. These revisions primarily result from the modification of the "C-2" Commercial Zoning District and the addition of the newly created "C-3" District. Other amendments represent the incorporation of current "state-of-the-art" language, and a general fine-tuning of existing language for purposes of enforcement and administration. Please advise me of the confirmed dates for staff and/or council review. Also please contact me subsequent to your review of the draft for discussion of • particular ems. Gene Caputo cc. Scott Ladd • PLANN/NQ • ZON/NO • MANAQEMENT • RESEARCH A. SECTION I0. DEFINITIONS 1. Revisions to existing definitions: (16) Automobile Service Station - Delete (17) Automobile Laundry - Delete (19) Bakery - An establishment engaged solely in the retail sale directly to the consumer of products such as breads, cakes, pies, pastries, etc., which are baked or produced and sold on premises. (39) Business Service - An establishment primarily engaged in rendering ser- vices to other business establishments on a fee or contract basis not involving the sale of any goods or commodities available on the premi- ses and not dispensing a personal service. Such establishments include such activities as real estate, insurance, accounting or bookkeeping, financial institution, management or consulting, or other similar uses. (41) Car Wash - A building, structure, or portion thereof containing facili- ties for washing automobiles, which may utilize production line methods with a chain conveyor or other method of moving the vehicles along, and utilizing the automatic, semi-automatic, or manual application of cleaner, brushes, rinse water, wax, heat, air, or stew. (45) Church/House of Worship - A building, structure, or premise wherein ~!l.~~"r''~~.,~~ persons regularly as a for religious worship which is specifically .~ ~-~' ~ designed and used :=only for such purpose and fs maintained and __ ~~=-~~ ~ controlled by a rel s body organized to sustain public worship. (46) Clinic - An establishment where patients, who are not lodged overnight, are admitted for examination and treatment, by one (1) person or group of persons licensed by the State of Florida as a physician, dentist, chiropractor, therapist or other similar health related profession. (u7) Club - Buildings or facilities owned or operated by a corporation, association, person or persons for a social, educational, fraternal, civic, religious, or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business. This definition does not include any activity which would in any way be deemed as an adult entertainment establishment, which is provided for elsewhere in this zoning ordinance. (48) Club, private - See Private Club. (91) Filling Station - Delete and revise to: Full-service Fuel Station - A retail establishment which primarily sells, dispenses and installs automotive fuels and lubricants and products. Such establishments may include the sale of typical con- venience store items, but must sell and install tires, batteries, lubricants, and similar accessories and products, and perform minor repair work and services in order to maintain its definition, classifi- cation, and regulation as a full-service fuel station. -1- ~~ (92) Financial Institution - Establishments such as, but not limited to, .banks and trust companies, credit agencies, investment companies, bro- kers and dealers of securities and commodities, security and commodity exchanges and brokers, and other similar uses. (1Oit) Gas Station - A retail establishment which sells automotive fuels, oils and lubricants, only with no sale or installation of tires, batteries or similar accessories. A gasoline station is not a Full-Service Fuel Station or a convenience store. (158) Nursery - An enterprise, establishment, or portion thereof which con- ducts the retail or wholesale sale of plants grown on the site, as well as accessory items (but not power equipment such as gas or electric lawnmowers and farm implements) directly related to their care and maintenance. The accessory items normally sold include items such as clay pots, potting soil, fertilizers, insecticides, hanging baskets, rakes, and shovels. (177) Private club - Organizations, which are privately owned and operated by their members and not operated for profit, which maintain recreational and athletic facilities for the exclusive use of its members and their guests and uses accessory or incidental thereto. This definition does not include any activity which would in any way be deemed as an adult entertainment establishment,- which is provided for elsewhere in this zoning ordinance. ,, '`-(193) Restaurant - An establishment whose primary business is the sale of `,° food and beverages to a patron, and whose design and method of opera- tion includes any of the following: ~~` y`' 1. Each patron places their order at their table from an individual hand held menu, which displays or describes the food and beverage available to them. 2. Food and beverages are regularly served to patrons while seated at their table by an employee of the establishment. 3. Preparation, service and consumption of food and beverages takes place within a completely enclosed building, accommodating at least eighty (80) percent of the establishments permitted seating capa- city. 4. Outside table dining is permitted in areas permanently designated for such use, and shall not exceed twenty (20) percent of the establishments permitted seating capacity, and in no way shall per- mit the consumption of food or beverages within automobiles. ~// C/ ~~ ~. Restaurant, Carry-0ut - Any establishment whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready-to-consume state, and whose design or method of opera- tion includes any of the following characteristics: 1. Food and beverages are ordered from a limited menu posted in . sign form within the primary food service building or on the premises. -2- 2. Foods, frozen desserts, or beverages are usually served in edible containers or in paper, plastic, or other disposable . containers. 3. The consumption of foods, frozen desserts, or beverages within the restaurant building, within a motor vehicle parked upon the premises, or at other facilities on the premises outside the restaurant building, is posted as being prohibited and such prohibition is strictly enforced by the restauraneur. 4. The kitchen is in excess of fifty (50) percent of the total floor area. (~`~~ ~ .~:~ Restaurant, Drive-in - Any establishment whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready-to-consume state, and whose design, method of operation, or any portion of whose business includes any of the following characteristics: 1. Food and beverages are ordered from a limited menu posted in sign form within the primary food service building or on the premises. 2. Foods, frozen desserts, or beverages are served directly to the customer in a motor vehicle either by a carhop or by other means which eliminate the need for the customer to exit the motor vehicle. 3. The consumption of foods, frozen desserts, or beverages within a motor vehicle parked upon the premises, or at other facili- ties on the premises outside the restaurant building, is allowed, encouraged, or permitted. 4. The kitchen is in excess of fifty (50) percent of the total floor area. ,~`~ ~~ ,~ p ~~ ~ ~~ ~. Restaurant Fast Food - Any establishment whose princi al business ~~ is sale of~foods, frozen desserts, or beverages to the customer in a ready-to-consume state for consumption either within the restaurant building or for carry-out with consumption off the pre- mises, and whose design or principal method of operation includes any of the following characteristics: 1. Food and beverages are ordered from a limited menu posted in sign form within the primary food service building or on the premises. 2. Foods, frozen desserts, or beverages are usually served in edible containers or in paper, plastic, or other disposable containers. r ~~-- 3. The consumption of foods, frozen desserts, or beverages within • a motor vehicle parked upon the premises, or at other facili- r;~ ties on the premises outside the restaurant building, is ,~`'~ posted as being prohibited and such prohibition is strictly ,. enforced by the restaurateur. -3- 4. The kitchen is in excess of fifty (50) percent of the total floor area. • (194) Retail Sales and Services - The selling of goods in small quantities directly to the consumer in establishments which provide a service or offer a product to the general public. (197) Roadside Stand - An area and/or structure, located abutting but not within any right-of-way or easement, with no space for customers within the structure itself, for the display and sale of goods and com- modities. (199) Self~ervice Laundry - See Laundromat (~3) Shop - Delete (204) Shopping Center - A group of architecturally unified commercial establishments built on a site which is planned, developed, owned and managed as an operating unit related in its location, size and type of shops to the trade area that the unit serves. (210) Store - Delete (288) Theater - A building or part of a building, devoted to showing motion pictures, or for dramatic, musical or live performances. This defini- tion does not include any activity which would in any way be deemed as an adult entertainment establishment which is rovided for elsewhere in this zoning ordinance. (241) irholesale - The sale of goods or commodities usually in bulk or large quantities and usually at a lower cost to a retailer for resale. Such sales activity takes place in establishments or places of business pri- marily engaged in selling merchandise to retailers; to industrial, com- mercial, institutional, or professional business users, or to other wholesalers, or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies. 2. New Terms to be Defined: Adult Congregate Living Facility (ACLF) - An establishment, institution, building or buildings, residence, private home, boarding house, home for the elderly, or other place, having some or all of the characteristics of homes for the elderly, or other place, whether operated for profit or not, which through its operation provides one or more personal services for four or more persons not related by blood or marriage to the owner or operator, for a period exceeding twenty-four (24) hours. Personal Services are in addi- tion to housing and food service and include but are not limited to: per- sonal assistance with bathing, dressing, housekeeping, supervision, eating, supervision of self-administered medication, and assistance in securing health care from appropriate sources. . Adult Entertainment Establishment - Any commercial activity whether con- ducted intermittently or full-time, which involves the sale, display, exhi- bition, entertainment or viewing of books, magazines, films, photographs or -4- other materials, distinguished characterized by an emphasis on matter depicting, displaying describing, or relating to human sex acts, or by an • emphasis on male or female genitals, buttocks or female breasts. For the purpose of this definition such establishments may include but not be limited to adult book stores, adult theaters, adult lounges, adult restaurants, adult health studios, adult photography studios, adult novelty stores, adult motels or hotels with nude, bottomless or topless entertain- `,b~ ~ ment or employees. ~`"~ Anchor Store/Tenant - The largest retail establishment or ma3or tenant withsn a shopping center, which draws customers, and thereby generates busi- ness for surrounding stores or tenants. f' Arcade, Game/Video - Any establishment, room, place or business location in which there are available to the public more than three (3) coin or token operated amusement devices which are coin or token operated] or mere a fee ~, is d~arged for the operation of such devices. ~ ~' ; ;~ .:~,~,f '~` -" Arcade, Structural - A permanently roofed arched covered continous area or passageway at ground level, open to a street, playa, open space or building, which is accessible and open to the public at all times. j~ Amusement Device/Coin or Token Operated - Any amusement machine or device operated by means of insertion of a coin, token, or similar object for the purpose of amusement or skill, or for the playing of which, a fee is ' charged. This definition does not include vending machines which do not incorporate gaming, amusement or skilled features, nor does this definition include any coin omen operated mechanical musical devices.-~ ; ~' s 1= ~"` r . " -. `~' Autc®obile Sale/- The use of any building, land area or other premise for c the display and sale of new or used automobiles, panel trucks or vans, try` trailers or recreation vehicles and including repair facilities, rental ~'` facilities the carrying of stock for replacement parts, tires, batteries and autesotive accessories. Automotive, Minor Repair - A retail establishment which shall include only those repairs able to be effected within one (1) working day, such as brake repair, engine tune-ups, oil changes, and front end alignments. Autosotive Paint or Body Shop - A building or other structure used for painting, repainting, or retouching and/or mayor non-mechanical repairs and adjustments of motor vehicles. Bookstore - An establishment engaged in the retail sale of new books, maga- zines and accessory supplies. This definition does not include an adult bookstore which is deemed an adult entertainment establishment, which is provided for elsewhere in this zoning ordinance. Confectionaries - Establishments engaged solely in the preparation and pro- duction of candy products for direct retail sale to the consumer on premi- ses. . Convenience Store - A retail establishment which is usually open for extended daily hours of business (12 to 24 hours), usually located as a single entity or in a strip building configuration along arterial roadways, -5 - is normally a self-service facility not dependent upon comparison shopping and by its manner of display and merchandising usually sells a limited selection of items and brands of pre-packaged or prepared foods, ready to eat foods, snacks, gum, candy, beverages, dairy products or sundries, all of which are frequently purchased for immediate use, and may be developed with facilities for the dispensing and sales of vehicular fl~els, but with no sale or installation of tires, batteries or similar accessories. If such establishment is combined with said fuel sales and dispensing, it shall be regulated as a full service fuel station and there shall be stringent limi- tations and controls placed upon the nature, size, delivery, storage, loca- tion and type of said fuel sales or dispensing facilities, in order to provide maximum possible protection to adjacent properties and it must meet the specific zoning requirements of a full service fuel station. Drive in or Drive Through Facility - An establishment which by design, phy_ sisal facilities, service,. or by packaging procedures encourages or permits customers to receive services or obtain goods, while remaining in their motor vehicles. Elevation - Shall mean: A. The vertical distance above or below a fixed reference level; or B. A flat scale drawing of the front, rear, or side of a building or structure. Emanent Domain - The authority of Tequesta or other government agency to • take, or to authorize the taking of, private property for public use. Engineer, Registered - A professional engineer registered by the State of Florida, and experienced in the field of Land Development. Establishment - An economic unit, generally at a single physical location, where business is conducted or services are offered. Enlargement or To Enlarge - An enlargement is an addition to the floor area of an existing building, an increase in the size of any other structure, or an increase in that portion of a tract of land occupied by an existing use. To enlarge is to make an enlargement. Flea Market - An occasional or periodic sales activity held within a building, structure, or open area where groups of individual sellers offer goods, new and used, for sale to the public, not to include private garage sales. Funeral Home - A building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation. Health Care Facilities - Establishments primarily engaged in flarnishing medical, surgical or other services to individuals, including the offices of physicians, dentists and other health practitioners, medical and dental • laboratories, out-patient care facilities, blood banks and oxygen and miscellaneous types of medical supplies and services. -6- Hospital - A facility licensed by the State of Florida providing primary health services and medical or surgical care to persons, primarily inpa- • tients suffering from illness, disease injury, deformity and other abnormal physical or mental conditions and including as an integral part of the institution, related facilities such as laboratories, outpatient facilities as training facilities. Hotel - Any building principally containing sleeping rooms in which tran- siea~t guests are lodged with or without meals, with no provisions made for cooking in any individual room or suite. Such facility may have one (1) or more dining rooms, restaurants or cafes as accessory uses. Such facility also, would structurally and for purposes of safety, be obliged to conform to the laws of the State of Florida regulating hotels. ',;~ Indoor Amusement - Establishments engaged in providing entertainment indoors for a fee or admission charge, including such activities as bowling, pool, billards, arcades which feature coin or token operated devices, such as pinball and video games, with three (3) or more devices. '~ r .. ' . .' fr ~/° Indoor Storage - The ,keeping of any goods, materials, merchandise for supplies as an accessory use to any retail, office as service use. Any retail, office or service use which devotes more than thirty five percent (35s) of its gross floor area to indoor storage shall be deened a warehouse four tt~e purposes of these regulations. Ritcc~een - A space used or designed to be used for the preparation of food. • A. [itehen, Central - A common space used or designed to be used for the preparation of a large quantity of food to the tenant population of the establishment in which such common kitchen is located. I.and~scape Plan - A detailed sketch to scale illustrating the type, size, location and number of plants to be placed in a development. Landscape Strip - A strip of land along the perimeter of the site containing trees, barriers, ground cover and/or other plant material. Land.4caping - Landscaping shall consist of any of the following or com- bination of: Material such as, but not limited to, grass, ground covers, shr~ube, vines, hedges, trees or palms; and non-living durable material com- monly used in the landscape, such as, but not limited to, rocks, pebbles, mulch, sand, walls or fences, benches, fountains, paving for pedestrian use (but excluding paving for vehicles), exterior landscape accent lighting fix- tures and any other item of exterior landscape furniture. Laundromat - An establishment providing washing, drying or dry cleaning machines on the premises for rental use to the general public for family laundering or dry cleaning purposes. Loading Space, Off Street - An off street loading space of not less than twelve (12) feet wide, fifty (50) feet long, and having a minimum verticle clearance height of fourteen (14) feet, exclusive of access aisles and dri- . ves, for the short term parking of a vehicle while loading or unloading merchandise or materials. -7- . Lo_~_ - A building or portion of a building, wherein alcoholic beverages are sold by the drink and consumed on the premises. Ma. - The manipulation of the superficial tissue of the human body with hand, foot, arm, or elbow, whether or not such manipulation is aided by hydrotherapy or thermal therapy, or any electrical or mechanical device, or the application to the human body of a chemical or herbal preparation. Mini-~iarehouse - A building or group of buildings in a controlled access and enclosed, or otherwise secured compound that contains varying sizes of individual, compartmentalized and controlled access stalls or lockers for the dead storage of customer's goods or wares. Mixed Use Zoning - Zoning Which permits a combination of usually separated uses within a single development. Motel - A building or group of buildings, which contain sleeping accom- modations for transient occupancy, and which has individual entrances from outside the building to serve each such sleeping unit. No provisions shall be made for the cooking in any individual room or suite of rooms. Motels may have one (1) or more dining rooms, restaurants or cafes as accessory uses. Nursing and Convalescent Facilities - A building, or a group of buildings Where for compensation pursuant to the previous arrangement, care is offered or provided for three (3) or more persons suffering from illness, other than a contagious disease, or sociopathic or psychopathic behavior, Which is not • of sufficient severity to require hospital attention, or for three (3) or more persons requiring further institutional care after being discharged from a hospital, other than a mental hospital. Out Parcel - A tract of land of any size or dimension, Which is not included in a land development proposal or site plan and is specifically indicated as such on the proposal or plan. Out Building - A separate building or accessory structure not physically connected to the principal building(s). Outdoor Sales - The selling of any goods, material, merchandise, or vehicles for more than twenty four (24) hours, in an area open to the sky and/or visible from adjacent properties or rights-of-way. natomical Areas - Shall mean: .'~s~ A. Less than comple 3y--ap~_o_paquely covered human genitals, pub. ` .. .,.area-~~z~:._..~.~._._.,.~,~,__.. ~^ buttock, or female breast be3ow °-a~••psirnt., immediately n~bdire the top of ~'~ the areola; or --~~=, _ _~._. _,.. .,.. . ... _.... ~-a-.. ,,~ B. Hunan male__.ger~it~ls in a discernibly turgid state even if complete`Iy-~.~,.~ _and--opaquely covered. Video - Establishments engaged in retailing video equipment, tapes and • accessories for home entertainment. For the purpose of these regulations any video establishment wherein more than twenty percent (20x) of total stock of video tapes are distinguished or characterized by an emphasis on -8- matter relating to human sex acts or by an emphasis on male or female geni- tals, buttocks or female breasts shall be deemed an Adult Entertainment Establishment. Warehouse - A building used primarily for the storage of goods and materials. B. SECTION V. ESTABLISHMENT OF DISTRICTS AND OFFICIAL 7ANING MAP Revise as follows: (A)(7) C-3 -Intensive Commercial District (8) R-0P - Recreation/Open Space C. SECTION VII. SCHEDULE OF REGULATIONS AND APPLICATIONS OF REGULATIONS C-1 NEIOOD CONY~RCIAL of District It is the purpose and intent of this district to Village as depicted on the official zoning map for 1 mated retail wsales and business service activities primarily designed to serve residential neigh- borhoods of the Village. The district is not intended for use by mayor or large scale commercial or service concerns. Professional and business offices and service establishments and uses that specifically address the needs of surrounding residents are encouraged. Orientation to and compatibility with neighborhoods to be served are critical. PERMITIEp USES: 1. Retail Sales and Services 2. Business Services 3• Professional Services . Personal services ,,~_ i~ .= --~ 5 . Restaurants '~ ~ _,y -~ '~y ~` ~=/ ~~ 6. Libraries, art galleries and museums ACCESSORY USES: 1. Any accessory use customarily incidental to a permitted use. SPECIAL EXCEPTIONS: • -9- 1. Public utility structures and buildings such as water pumping plants, water treatment plants, sewage plant lift stations, electric substations, police • and fire stations and any other use normally appurtenant thereto, libraries and governmental facilities. 2. Shopping Centers. 3. Churches [~: Convenience Store without Fuel Sales and Dispensing Facilites a. The proposed site shall meet or exceed the landscaping found in the landscaping section of this ordinance. b. The proposed store shall be free of all obstructions of view from the adjacent street to the main store windows giving a clear and unobstructed view of the cashiers station. c. The proposed store shall incorporate into its construction and opera- tion fire protection devices as (required by the Palm Beach County Fire Rescue Department). d. The proposed store shall have adequate on-site lighting 'that illumina- tes all parking, loading areas. e. No convenience store shall be located within 1500 feet of any other convenience store. For the purposes of this section, all measurements of distances shall be along a straight airline route from the nearest point on any property line to the nearest point on any property line of any property used as a convenience store. f. The proposed convenience store shall have appropriate security systems to include, but not be limited to, the following: convenience store • cases shall be equipped with cameras with video retrieval capabilities. 1. 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. 2. This requirement shall also be exempted if the convenience store closes on a permanent basis by 11:00 p.m. or does not sell beer or wine for consumption off premises. g. The proposed convenience store shall not have as a part of its opera- tion coin operated amusement devices. C-2 GENERAL COMMERCIAL Purpose of District It is. the purpose and intent of this district to provide lands within the Village as depicted on the official zoning map for the development of commercial activities with a location convenient to U.S. 1 automotive traffic. This District xill serve the Village Community at large and provide a mixture of general convenience goods and services that offers a greater variety of uses than permitted at neighborhood level. PERMITTED USES; 1. Retail Sales and Services 2. Business Services 3. Professional Services Personal Services Restaurants 6. Bakery 7. Dry cleaning, drying and laundry establishments. -10- ACCESSORY (JSES: ' Any accessory use customarily incidental to a permitted use. ~• SPECIAL EZCEPTIONS: 1. Public utility structures and buildings such as water pumping plants, water treataent plants, sewage plan lift stations, electric substations, police and Pire stations and any other use normally appurtenant thereto, libraries and governmental facilities. 2. Caamunity television antenna and other type of antenna used in the broad- casting industry and building and improvements appurtenant to these uses. 3• Planned Commercial Development (Subject to the provisions Section IX-A of this Ordinance). 4. Churches 5. Theaters a. All presentations, shows and events shall be conducted entirely within a building. b. !fo presentations, shows or events shall be started after 11:00 p.m. 6. Indoor Amusements (bowling, pool, billiards, video game arcade and similar amus®ents ) ~, ~ Restaurant ° "" ' 4 a. Each drive-in stacking lane must be clearly defined and designed so as riot to conflict or interfere with other vehicle or pedestrian traffic utilizing the site. b. A by-pass lane shall be provided if one-way traffic flow pattern is utilized in the parking lot. 8. Convenience Store without Fuel Sales and Dispensing Facilities a. The proposed site shall meet or exceed the landscaping found in the landscaping section of this ordinance. b. The proposed store shall be free of all obstructions of view from the ad3acent street to the main store windows giving a clear and unobstructed view of the cashier's station. c. The proposed store shall incorporate into its construction and opera- tion fire protection devices as required by the Palm Beach County Fire Rescue Department. d. The proposed store shall have adequate on-site lighting that illimina- tes all parking and loading areas. e. No convenience store shall be located within 1500 feet of any other convenience store. For the purposes of this section, all measurements of distance shall be along a straight airline route from the nearest point on any property line of any property used as, Convenience store. f. The proposed convenience store shall have a r° ~'~'} to include, but not be limited to the following:~~~ security systems 1 - Convenience store uses shall be equipped with cameras with video • retrieval capabilities. 1. This requirement shall be exempted if the convenience store employs two or more employees at the same time between the -11- hours of 11:00 p.m. and 7:00 a.m. 2. This requirement shall also be exempted if the convenience • store closes on a permanent basis by 11:00 p.m. or does not sell beer or wine for consumption off premises. g. The proposed convenience store shall not have as a part of its opera- tion coin operated amusement devices. 9• Private Clubs a. Sleeping facilities shall be prohibited. b. Such use shall be operated for the benefit of members only and not as a business concern SITE REGULATIONS: Add C-3 District as follows: District: Minims Lot Size: Minimum Lot Width: Maxims Lot Coverage: Minimum Font Yard: Minimum. Side Yard: Minimum Rear Yard: Maximum Building Height: Minimum Living Area: • USE REGULATIONS: C-3 INTEIiSIVE CON-yERCIAL C-3 5,000 square feet 50 feet 65x 15 feet None, except 10 feet at any intersecting street and if contiguous with any non-commercial district. 10 feet however, none where property abuts RR right- of-way or spur track. 3 stories/40 feet N/A Purpose of District It is the purpose and intent of this district to provide lands within the Village as depicted on the official zoning map and thereby encourage the deve- lopment of the greatest variety of commercial uses which provide a wide range of goods and services. This district may accommodate certain light manufacturing processing, wholesaling, storage and warehousing uses when it is clearly demonstrated that such uses are compatible with other uses in the district. It is flirthef the intent to declare this district the most intensive of commercial districts within the village. PERMITTID USES: 1. Retail Sales and Services 2. Business Services 3• Professional Services b. Personal services 5. Retail Package liquors, cocktail lounges and bars 6. Restaurants 7. Nurseries 8. Florists 9• Printing establishments ~10. Car mash 11. Bakery -12_ i2. Garages '13. Dry cleaning,. drying and laundry establishments 14. Wholesale establishments 15. General Service and Repair establishments ACCFS.90RY USES: 1. Any accessory use customarily incidental to a permitted use. SPECIAL EXCEPTIONS: 1. Public utility structures and buildings such as water pumping plants, water treatment plants, sewage plant lift stations, electric substations, police and fire stations and any other use normally appurtenant thereto, libraries and governmental facilities. 2. Churches 3. Private Clubs a. Sleeping facilities shall be prohibited. b. Such use shall be operated for the benefit of members only and not as a business concern 4. Theaters a. All presentations, shows and events shall be conducted entirely within a building. b. No presentations, shows or events shall be started after 11:00 p.m. 5. Full Service Fuel Station a. All outdoor display of merchandise is prohibited. b. A raised curb of at least six (6) inches in height shall be erected along all street property lines, except for driveway openings. c. Curb breaks are limited to two (2) per street frontage. d. All fuel pumps, tanks, vents, pump islands and pump island canopies shall conforms to setback requirements for the district except that no such pumps, tanks, vents, pump islands or pump island canapies shall be located closer than twenty-five (25) feet to any side property line. e. Off-street loading spaces which are provided for the delivery of materials, merchandise, fuel oils, or any similar accessory or product, shall be located in such a manner on the site such that they are completely separate from customer parking areas and access drives and aisles thereto. f. Subject to the provisions of X(G) of this Ordinance. 6. Convenience Store a. The proposed convenience store shall be subject to all special require- ments for fuel dispensing businesses if the proposed store is to include such use. b. The proposed site shall meet or exceed the landscaping found in the landscaping section of this ordinance. c. The proposed store shall be free of all obstructions of view from the • adjacent street to the main store windows giving a clear and unobstructed view of the cashier's station, including obstructions of landscaping and fuel service islands. d. The proposed store shall incorporate into its construction and opera- -13- tion fire protection devices as (required by the Palm Beach County Fire Rescue Department). e. The proposed store shall have adequate on-site lighting that illumina- tes all parking, loading and fuel service islands. f. No convenience store shall be located within 1500 feet of any other convenience store. For the purposes of this section, all measurements of distances shall be along a straight airline route from the nearest point on any property line to the nearest point on any property line of any property used as a convenience store. g. The proposed convenience store shall have appropriate security systems to include, but not be limited to, the following: convenience store uses shall be equipped with cameras with video retrieval capabilities. 1. 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. 2. This requirement shall also be exempted if the convenience store closes on a permanent basis by 11:00 p.m. or does not sell beer or wine for consumption off premises. b. The proposed convenience store shall not have as a part of its opera- tion coin operated amusement devices. 7. Cocrmunity television antenna and other type of antenna used in the broadcast industry and building and improvements appurtenant to these uses. 8. Gas Station a. All outdoor display of merchandise is prohibited. b. A raised curb of at least six (6) inches in height shall be erected along all street property lines exce t f d i , p or r veway openings. c. Curb breaks are limited to two (2) per street frontage. d. All fuel pumps, tanks, vents, pump islands and pump island canapies shall conform to setback requirements for the district except that no such pumps, tanks, vents, pump islands or pump island canapies shall be located closer than twenty-five (25) feet to any side property line. e. Off-street loading spaces which are provided for the delivery of materials, merchandise, fuel oils, or any similar accessory or product , shall be located in such a manner on the site such that they are completely separate from customer parking areas and access drives and aisles thereto. f. Subject to the provisions of X(G) of this Ordinance. 9. Mini-Warehouses a. Mini-Warehouse development shall be limited to dead storage use for the general public and no activities such as miscellaneous or garages sales shall be conducted on the premises. The servicing or repair of motor vehicles, boats, trailers, lawn mowers, an other similar equipment shall not be conducted on the premises. b. All storage on the property shall be kept within enclosed or other secured storage cubicles. c. The operator of the mini-warehouse facility shall provide locks for all units and maintain a master key to all locks. d. Fencing shall be required around the perimeter of the project in accor- dance with Section X of this ordinance. e. There shall be a minimum of 35 feet provided between warehouse buildings for driveway, parking and firelane purposes. -14- 10. Adult Entertainment Establishments a. No adult entertainment establishment shall be operated or maintained . within fifteen hundred (1500) feet of 1. Any other adult entertainment establishment within the Village. 2. Any establishment for the sale of beer, wine or intoxicating liquor for consumption on or off the premises; pawnshops, pool or billiard hall, ~ arcade or other business establishment having as a substantial or significant portion of its business the operation of coin-operated amusement devices. 3. Publicly-arced lands used as recreational facilities, administra- tive functions or public safety functions. 4. Any church, university, public school, private school, licensed ~F'~~r, private nursery or pre-school facility. b. Adult establishments shall be restricted to the following hours of " operation: 1. Adult bookstores, adult health studios, adult photography studios, "~ and adult novelty stores shall not be open for business before 9:00 ,f~~ , .kt'~ a.m. or after 9:00 p.m. `~~' 2. Restaurants and lounges with adult entertainment shall not be open .. for business before 11:00 a.m. and after 2:00 a.m. °` 3. Adult motion picture theaters shall not be open for business before 11:00 a.m. or after 12:00 p.m. c. No adult entertainment establishment as described herein shall be open for business on any Sunday or national legal holiday. 11. Indoor Amusements (bowling, pool, billiards, video game arcade and similar . amusements ) 12. Yarehouse or Storage Use a. No facility shall contain bulk storage or flammable liquids. b. No outdoor displayAA or storage is permitted. 13. Drive-in/Fast Food~ieC.9tauraht~UT a. Each drive-in stacking lane must be clearly defined and designed so as not to conflict or interfere with other vehicle or pedestrian traffic utilizing the site. b. A by-pass lane shall be provided if one-way traffic flow pattern is utilized in the parking lot. ~v7v~iT ~F ~1 R3~a~'O' W1 i ~ 2 14. Minor -1luto Repair Establishments arm- ee- a~'-~~ir services as part of a Lire store or minor auto repair establi - ments~l 1 be limited to those repairs which can be effect hin one (1) work a , such as brake repair, engine tune- changes and front end all b. No outdoor sales, repair or ice work s allowed. c. Repair services of a ma3or nature ing but not limited to engine overhauls, transmission ov s, or k shall be prohibited. d. Outdoor storage or y or vehicles, parts, equ or tires shall be prohibit e. The ce or repair of trucks or other similar vehicles which e onef-it~-~}on~~ rated capacity shall be rohibit • D. SECTION VII. OFF-STREET PARKING AND LOADING REGULATIONS -15- (A)(6) In any district, in connection wit or part thereof having a gross f square feet or more, which is to other uses similarly requiring the of materials or merchandise, there the same lot with such building, unloading s spaces as follows: h every building, or building group loor area of four thousand (4,000) be occupied by commercial uses or receipt or distribution by vehicles shall be provided and maintained, on off-street loading beFfi~a space or 4,000 to 25,000 sq.ft ............................1 ~t# spaces 25,001 to 40,000 sq.ft ............................2 ~e~s spaces 40,001 to 60,000 sq.ft ............................3 b~#.~~s spaces For each additional 50,000 sq.ft ..................1 additional bsr~# spaces The loading or unloading bees s ces required in each instance shall be not less than twelve (12) feet in width, ~:~e~T-~.,T fifty (50) feet in length and fourteen (14) feet in vertical clearance, and may occupy all or any part of any required yard except for a required front yard. Provided, however, that the loading or unloading berths shall be screened from the street or public way and shall be exclusive of all driveways, aisles, or drives provided for other off-street parking areas. E. SECTION IX-A PCD'S (General Comment) Due to the highly intensive nature of the permitted uses included within the proposed C-3 District as compared to the other less inten- sive commercial zones within the Village, and the relatively small geographic area being proposed for the C-3 District, it is recommended that PCD's not be permitted within the C-3 District. (E) General Requirements and Special Regulations (6) Permitted Uses: (a) Residential: 1. Single-family uses as provided for in a PRD. 2. Any uses within the R-2 and R-3 zoning districts which are listed on the schedule of use regulations as a permitted use, accessory use, or special exception. ,~` ~-~~~=;~ 3. Group home and congregate living facilities. (b) Commercial: • 1. Retail sales and service 2. Business services 3. Professional services 4. Personal services 5. Restaurants 6. Theaters 7. Private clubs -16- (c) Recreational: • 1. Any uses within the R/OP Zoning District which are listed on the schedule of use regulations as a permitted or accessory use. F. SECTION X. SUPPLEMENTAL REGULATIONS (C) Conditions of Operation for all Permitted Uses, Accessory Uses, and Special Exceptions in C-1, ~ C-2, and C-3 Zoning Districts. (1) All business and servicing shall be conducted wholly within a comple- tely enclosed building or structure except for off-street loading, ~'~, ~~g-~a-t~er~s, the fuel sales and dispensing facilities of full service fuel stations or as stations, and drive-in window or walk up window facilities (G) ~''1'^- ~~-+' Full Service Fuel Stations or Gas Stations (1) No €-~at#~ full service fuel station or gas station shall be erected within the Village of Tequesta, Florida, unless the same is located within the C-3 Zoning District. {~.}{2) The following regulations shall apply to all ~';";^- -~--~j--- full ser- vice fuel station or gas stations: (a) There shall be a building setback from all right-of-way lines a distance of not less than forty (~10) feet. (b) Main and accessory buildings shall not be constructed closer than fifty (50) feet to any residential district. (c) The minimum distance between the intersection of right-of-way lines at a corner lot and the driveway to a " "{^° -~-~j-- full service fuel station or gas station shall not be less than twenty 20 feet. (d) A raised curb at least six (6) inches in height shall be constructed on all street property lines, except at driveway openings. (e) The length of curb openings shall not exceed forty-five (45) feet. (f) Where two (2) curb openings are giving access to a single street, they shall be separated by an island with a minimuym dimension of twenty- five (25) feet at the right-of-way line. Curb cuts for driveways shall not be located closer than ten (10) feet to any adjoining property line. • (g) To ensure that sufficient room be rovided on eith P er side of the pumps without intruding upon sidewalks or on adjoining property, ga$el#t~e -11- ' fuel pumps shall not be located closer than fifty (50) feet from any • residential district. th) 6ase}~e fuel pump islands shall not be located closer than fifteen (15) feet from street right-of-way. (i) Canopies shall not be constructed closer than fifteen (15) feet from street right-of-way. (~) The use of ~'; "~^- ^*^~=-^ full service fuel stations or gas stations for the purpose of selling, renting or leasing of new or used motor vehicles, trailers or other recreational vehicles is prohibited. (k) All oil drainage pits, hydraulic lifts and mechanical repair work shall be located or conducted within an enclosed building or structure. wo ( 2) body damaged~v~bi.o~.~~or~-yat~i~I~ u~repair' nor used vehicle comp~emts--~ ublic road shall be permit" ed-~~--- "°Such vehicle or vehi~cl s shall ' r Q ~ ~ ~ „' -~ g not remain o .,.exdeedin t*ao (2) weeks." ~ °~ ~ 4 , ~,;. (J) Special Exception Uses ~"'°'~~° ~ ' Delete entirely and replace with the following: (J) Special Exceptions • (1) Statement of Purpose The development and execution of a zoning ordinance is based upon the division of the Village into districts, within which the use of land and structures and the bulk and location of structures in relation to the land are substantially uniform. It is recognized, however, that there are certain uses and features which because of their uni ue characteristics, cannot be distinctly classified or regulated in a par titular district or districts without consideration in each case of the impact of such uses and features upon neighboring uses and the surroundin area can red with the ublic need for them at articular locations. Such uses and eatures are therefore treated as s cal exceptions. A special exception is not the autanatic right o any applicant. (2) General Provisions Certain uses are ermissible in desi nated zonin districts as S ecial Exceptions grante by the V lage Counci prove such use is spe cified under the Special Exception subsection of the appropriate zoning district. (3) Findings Before any special exception is granted, Village Council shall apply the standards set forth herein and shall determine that satisfacto provision and arrangement of the following factors have been met by the • petitioner, where applicable: (a)_Compliance with all elements of the Village of Tequesta Canprehensive Plan. -18- i• (b) Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and con- venience, traffic flow and control, and access in case of fire or catastrophe; (c) Offstreet parking and loading area where required with particular attention to the items in (b) above: (d) Refuse and service areas with particular reference to items (b) and (c) above; (e) Nuisance factors detrimental to adjacent and nearby properties and the village as a whole. Nuisance factors shall include but not necessarily be limited to noise, odor, smoke, glare, electrical interference and/or mechanical vibrations; (f) Utilities, with reference to location, availability and com- patibility; (g) Screening and buffering with reference to type, dimensions and character; (h) Signs and proposed exterior lighting with reference to glare, traf- fic safety, economic effect and compatibility and harmony with pro- perties in the district; • (i) Required yards and other open space; (~) General compatibility with ad3acent properties and other property in the district; (k) Whether the change suggested is out of scale with the needs of the (1) Any special requirements set out in the Schedule of Site Regulations for the particular use involved. (4) Conditions and Safeguards In addition to the standards listed above and specific conditions listed for each particular special exception listed within the Schedule of Use Regulations, the Village Council may impose other such con- ditions and safeguards as it deems appropriate in conformity with these zoning regulations for the protection of the surrounding nronertiPg anri the neighborhood or general welfare of the public. (5) Denial Should the Village Council deny a special exception, it shall state full for the record the reasons for doin so. Such reasons shall take into account the factors under Subsection 3 above and all other con- ditions and particular regulation relating to the specific special exception requested. (6) Limitations on the Filing of a Special (a) Whenever Village Council has deni :eption an application for a ial -19- ~,~ ~~-,- exception, the Village shall not thereafte consider any further • a location for s ecial exce tion on an -seat- or all of the same property for a period of twelve (12 months from the date of such action. (b) The time limits of subsection (a) above ma be waived b three (3) affirmative votes of Villa a Council when such action is deemed necessary to prevent injustice or to facilitate the prover develop went of the Villa e (7) Time Limits for Special Exceptions ,~,,,~,~ ~ ~ ~ --~~~~ ~!'`~~ °~ ~,~ A special exception shall commence within twelve (12) months from the ~~~ ~ gate of grant unless extended by action of Village Council. ,~ f ,4; (a) Commencement of a s ecial exce tion occurs u the filin of an :;'ry`e application for a building permit, preliminary plat or site plan, `'~ ,~ or upon the initiation of significant action to satisfy require ' ments for i mprovements contained in a development order or other ~~."Y G-.' regulatory documents relating to said special exception. ` (b) Onl one extension shall be ermitted and shall not exceed six (b) months. (c) Special exce tions ranted to an overnmental unit shall be exem t from the provisions of Subsection (7) above, unless a time limits Lion is made a s ecific condition of the s ecial exce tion. . (8) Special Exception Application Process (a) A written tition for s ecial exce tion shall be submitted b noon on the 15th of the month or revious re lar business da indi- catin the section of these zoning regulations under which the spe- cial exce tion is sou ht and statin the requested with articular reference to the written findini s int is above and other s ecific condition(s) if a livable which Village Council shall address. The etition shall include all material necessary to meet the requirements of the development concept plan listed below and an additional information that will demonstrate that the grant o special exception will be in harmony with the general intent and gur~ose of these zoning regulations. -" (b) A petitioner seeking special exception approval shall submit a aevelopment concept plan on one or more sheets of not more than 24" x ~' Paper measuring 3 and drawn to a scale not smaller than 100' to the inch. The followin shall be rovided on the Develo ment Concept Plan: 1. Scale date north arrow vicinit sketch title of the ro ect and total gross acreage 2. The boundaries and dimensions of the ro ert and its rela- tionship to the surrounding road system including the width of • the existing travelway 3. The location and dimension of existin man-made features such as existin roads and structures with indication as to which are to be removed renovated or altered. -20- 4. The location of existing easements, water courses, section lines, water and sewer lines, well and septic tank location, and other existing important physical features in and adjoining the project. 5. The location and delineation of existin trees and information as to which trees will be removed. 6. Identification of surrounding land use, zoning and existing buildings within 100 feet of the petitioned site, as well as the zoning of the ~Pt, r,,,.,o~ Q, *o - 7. A layout of the p the following site used lots and/or building sites includii • a. Finished floor elevation b. Common open areas c. Generalized landscaping and buffer areas d. Internal circulation patterns including offstreet parki and loading facilities e. Total project density f. Percentage of building coverage g. Percentage of impervious surface coverage h. Percentage of open space areas i. The shape, size, location and height of all structures 8. A traffic im act anal sis as ma be re uired b the Vil: ~~~~~ includin the followin a. Future right-of-way dedications b. Intersection improvements c. Traffic Control Devices d. Traffic generation analysis e. Distribution and assignment of traffic f. Additional roadway needs The pr cable. • of construction for the if a~~li- 10. Commercial office and uses other than residential shall vide the estlmated square footage of the structure s , number of employees, estimated seating, and the esti number of users of the facility, such as members, student patients. 11. Proposed hours of operation for commercial uses. 12. A drainage statement or drainage plan as may be}required by the Village ~~, y, ~~ ,,; 13• Size, location and orientation of signs. ~~ 14. Proposed lighting of the premises 15. Ten (10) aerial maps at a minimum scale of 1"-900', showi site in question with paved boundaries superimposed. -21- 16. A legal description of the land proposed for development. (c) The application shall be reviewed by the Land Develo ent Staff i• -- pm within 30 days of the submission deadline. Upon Land Development Staff review and analysis of all submitted materials, the Building Official shall forward a recommendation to the Village Council. (d) A public hearing shall be held by the Village Council. The pro- perty owner may appear personally or by agent or attorney. (e) Notice of Public Hearing shall be advertised fifteen (15) and five (5) days in advance of the public hearing in a newspaper of general circulation in the area. The owner of the property for which spe- cial exception is sought or his agent or attorney designated by him on the submitted petition shall be notified by mail. Notice shall be given by mail to all owners of property within a 300 foot radius of the boundar lines of the ro ert for which a s ecial exce tion is requested. The list o property owners w th n the state ra ius shall be provided by the applicant from the most recent tax roll information as provided by the Palm Beach County Appraiser's Office. The applicant must furnish an affidavit signed by the per- son responsible for providing the aforementioned list. Notice of the public hearing shall be prominently posted on the property by the applicant for which a special exception is sought. Notwithstanding any other provision herein contained, failure to provide written notice to any adjacent property owners shall not constitute a jurisdictional defect provided that proper legal notice has been published. (9) Filing Fee ~., ~ ~ ~.,_ ,... ~ ;~- ~~r,~~/~ Upon filing an application for the applicant shall pay a fee of ~" ~ S~~ ~ to the Village at the time of filing of such application. The fee shall not be reimbursable and is intended to defray costs of administering and processing the application. `(1 unit A ranee Board Review ~~~~~°'~~ he a earance boar shall review all a lications a-. cial exce tion d shall ile a re ort with wr •~reotSmmen- dations with the buildin al not less t ~ve 5) da s before the ublie heaein and the re rt ailable for ublic ins ec- tion Burin reasonable k~ours: ~"- ure communit a earance board to file,.,the~~°r"e ort red herein shall no a endin a li ~iz5h for cial exce tion use nor invalida a he rin th The review b the communit a earance board be ± to findin s ursuant to the criteria set forth in this ordinance. (L) Commercial vehicles and trucks, recreational vehicles on private lots. (1) No commercial vehicles or trucks over three-quarter ton rated capacity, may be parked on any property or right-of-way within a residential area. (a) Residential areas include all areas within the Villagq other than C-1, C-2, CC=3, and R/OP. -22- r G. SECTION XII. SIGN REGULATIONS (J) General Requirements. (b) In commercial district C-1, ate C-2 and C-3, not including properties within shopping centers, all walls signs shall meet the technical requirements as established by this code and shall be permitted after review by the Building Official and upon the approval of the Community Appearance Board. (e) In commercial districts C-1, a~ C-2 and C-3, corner structures of buildings with direct exposures to two (2) or more public streets shall be allowed a sign on each side of said building exposed to a street or shopping center. H. SEX'fION XIII. BOARD OF ADJUSTN~NT (I) Filing Fee ~~ r ~ J (1) A filing fee of ~~~? shall accompany each request for the purpose of covering the costs of investigations, notifications and other operations incidental to the consideration of the matter by the board of adjustment. The sums thus • collected by the board shall be deposited with the Village and placed in the general fund. • -23-