To maintain a generally spacious environment, permitting a desirable variety of attractive and efficient retail shopping, dining and personal service uses, to be developed either as a unit or in individual parcels. To enhance the general character of the District and its compatibility with residential surroundings, high quality commercial uses are blended together with special exception and accessory uses as may be necessary or are normally compatible with the surroundings. Signs are limited to those accessory to businesses conducted on the premises, including the number, area and types. Further, the purpose of this District is to create an environment especially suited to a group of professional, administrative and general sales offices with certain complementary commercial uses designed primarily to serve employees in the District and the Town's residents.

(Am. Ord. 212, passed 2-25-03; Am. Ord. 294, passed 8-4-10; Am. Ord. 368, passed 9-24-19)

(A)

Planned unit development.

(B)

Reserved.

(C)

Places of assembly.

(D)

Health/fitness club (gym).

(E)

Banks and/or financial institutions.

(F)

Municipal buildings and facilities and other government buildings and facilities (including, but not limited to administrative offices, library, police station, fire station, Town meeting room and U.S. Post Offices).

(G)

Grocery stores not to exceed fifteen thousand (15,000) square feet of retail space.

(H)

Office, business or professional services, including real estate services, travel services, dry-cleaning services.

(I)

Reserved.

(J)

Essential services.

(Am. Ord. 212, passed 2-25-03; Am. Ord. 294, passed 8-4-10; Am. Ord. 368, passed 9-24-19)

(A)

Reserved.

(B)

Reserved.

(C)

Reserved.

(D)

Off-street parking and loading facilities.

(E)

Signs.

(F)

Reserved.

(G)

Reserved.

(H)

Reserved.

(I)

Other accessory uses and structures customarily incident to permitted or approved special exception uses.

(Am. Ord. 212, passed 2-25-03; Am. Ord. 265, passed 8-22-06; Am. Ord. 294, passed 8-4-10; Am. Ord. 368, passed 9-24-19)

(A)

Supplemental parking, including garages.

(B)

Lighted tennis courts; subject to site plan review, fencing, screening with plantings and hours of operation.

(C)

Accessory buildings for uses customarily incident to, commercial and municipal uses.

(D)

School (academic, professional or studio type), office, medical, dental or veterinary.

(E)

Restaurant without drive-through (including but not limited to coffee bars, ice cream shops, snack shops or any other establishment at which food is prepared and/or served for immediate consumption on or off premises), upon compliance with special exception criteria specified in (H) below as well as general special exception criteria set forth at Town Code Section 151.568.

(F)

Restaurant, bar, lounge or package store, all without drive-through, where liquor, beer or wine is sold for consumption on or off premises, upon compliance with special exception criteria specified in (H) below as well as general special exception criteria set forth at Town Code Section 151.568.

(G)

Shops and stores for the trade or business purposes enumerated in (1) through (26) below, upon compliance with special exception criteria specified in (H) below as well as general special exception criteria set forth at Town Code Section 151.568, but not including manufacturing and not including gasoline service stations, vehicle rental or sales, Vape shops, Vaping establishments, or convenience stores all of which are prohibited uses.

(1)

Antiques.

(2)

Apparel and accessories.

(3)

Art galleries.

(4)

Bed and bath boutiques.

(5)

Cards/gifts/stationery.

(6)

Crafts and hobbies.

(7)

Drugstore/pharmacy (excluding medical marijuana dispensing or treatment centers).

(8)

Fabrics.

(9)

Flowers/florist.

(10)

Furniture.

(11)

Grocery stores in excess of fifteen thousand (15,000) square feet.

(12)

Hair styling/beauty salon/barber.

(13)

Interior decorating sales/services.

(14)

Jewelry.

(15)

Kitchenware/housewares.

(16)

Luggage/leather goods.

(17)

News/books.

(18)

Optical goods.

(19)

Perfumery.

(20)

Photographic services/studios.

(21)

Shoes.

(22)

Specialty foods, including incidental sale of prepared foods for takeout.

(23)

Toys

(24)

TV and electronics.

(25)

Reserved.

(26)

Combinations of the uses in items (1) through (25) of this subsection.

(H)

Hours of operation shall be limited to 7:00 a.m. through midnight of the same day: Outside storage is prohibited and all refuse shall be kept screened from view and secure; Pick-up and delivery activities shall be limited to 8:00 a.m. to 6:30 p.m. of the same day; curbside service is prohibited; drive-in service is prohibited except as specifically allowed by Town code; Proper attire for staff and customers shall be required at all times, and swimming attire shall be prohibited.

('81 Code, Schedule B) (Ord. 97, passed 4-26-76; Am. Ord. 115, passed 1-22-80; Am. Ord. 122, passed 5-30-81; Am. Ord. 131, passed 4-19-83; Am. Ord. 136, passed 5-22-84; Am. Ord. 212, passed 2-25-03; Am. Ord. 294, passed 8-4-10; Am. Ord. 368, passed 9-24-19)

The following supplementary lot regulations shall be applied in the C2 Zoning District:

(A)

Reserved

(B)

Reserved.

(C)

Reserved.

(D)

Required area or space cannot be reduced. The area or dimension of any lot, yard, parking area or other space shall not be reduced to less than the minimum required by this chapter except as provided in this chapter; and if already less than the minimum required by this chapter, the area or dimension may be continued but shall not be further reduced except as provided in this chapter.

('81 Code, § 5.10) (Ord. 97, passed 4-26-76; Am. Ord. 110, passed 5-31-78; Am. Ord. 112, passed 5-22-79; Am. Ord. 122, passed 5-30-81; Am. Ord. 131, passed 4-19-83; Am. Ord. 148, passed 5-26-87; Am. Ord. 166, passed 5-26-92; Am. Ord. 212, passed 2-25-03; Am. Ord. 294, passed 8-4-10; Am. Ord. 368, passed 9-24-19)

Cross reference— Penalty, see Section 151.681

(A)

Height generally. Permissible uses shall not exceed one (1) story or twelve (12) feet in height, whichever is less under a flat roof:

(B)

Accessory structures. No accessory structure shall exceed either the building height or overall height of the main structure to which it is accessory.

(C)

Overall height of building. Maximum overall height of a flat roof building shall be the actual building height of the structure plus four (4) feet. Parapet walls extending above the maximum allowable building height shall be perforated fifty (50) percent or more on all vertical surfaces.

(D)

Permitted exceptions to height regulations. Structures for the housing of elevators, stairways, skylights, or similar facilities, vertical radio antennae, television reception antennae except dish type, and church steeples may be erected no more than forty (40) percent above the height of the building on which it is located. However, the highest vertical projection of a chimney may exceed the overall height of the building on which it is located by no more than four (4) feet. All such structures, equipment and facilities located upon the roof area shall not cover in the aggregate a roof area greater than ten (10) percent of the ground floor area of such building or structure. Heating (including solar), ventilating and air conditioning equipment and facilities installed on the roof of a building shall be completely and permanently site screened from view at all points on the lot lines to the permitted height of buildings in the District in which the lot is located. See subsection 151.561(F) for flag pole regulations.

('81 Code, § 5.20) (Ord. 97, passed 4-26-76; Am. Ord. 110, passed 5-31-78; Am. Ord. 112, passed 5-22-79; Am. Ord. 122, passed 5-30-81; Am. Ord. 131, passed 4-19-83; Am. Ord. 136, passed 5-22-84; Am. Ord. 142, passed 4-28-86; Am. Ord. 148, passed 5-26-87; Am. Ord. 151, passed 5-10-88; Am. Ord. 161, passed 3-26-91; Am. Ord. 171, passed 5-24-94; Am. Ord. 191, passed 5-22-01; Am. Ord. 212, passed 2-25-03; Am. Ord. 226, passed 3-23-04; Am. Ord. 294, passed 8-4-10; Am. Ord. 303, passed 2-22-11; Am. Ord. 342, passed 11-17-15; Am. Ord. 368, passed 9-24-19)

Cross reference— Penalty, see Section 151.681

No structure shall be located, erected, constructed, added on to, repaired, reconstructed or altered unless it is set back at least fifty (50) feet from the nearest right-of-way line of Highway A1A, at least twenty-five (25) feet from the nearest right-of-way line of any other street or alley, and at least ten (10) feet from the paving of any access road or uncovered off-street parking.

('81 Code, § 5.30) (Ord. 97, passed 4-26-76; Am. Ord. 110, passed 5-31-78; Am. Ord. 112, passed 5-22-79; Am. Ord. 122, passed 5-30-81; Am. Ord. 131, passed 4-19-83; Am. Ord. 136, passed 5-22-84; Am. Ord. 142, passed 4-28-86; Am. Ord. 148, passed 5-26-87; Am. Ord. 151, passed 5-10-88; Am. Ord. 161, passed 3-26-91; Am. Ord. 212, passed 2-25-03)

Cross reference— Penalty, see Section 151.681

(A)

All structures shall have a side setback from the side lot lines not less than the height of the structure above grade or fifteen (15) feet, whichever is greater.

(B)

If any side yard of any such structure fronts on any street, the greater of the front setback requirements or the side setback requirement shall control.

(C)

An encroachment of no more than two (2) feet into the front, side and/or rear setbacks is allowed in order to accommodate roof overhangs and architectural elements that are at least two (2) feet above grade.

(D)

Permissible Accessory equipment (as defined in Section 151.003) shall be setback from the side lot lines not less than five (5) feet and shall be completely screened from public view and from the view of neighboring properties.

('81 Code, § 5.40) (Ord. 97, passed 4-26-76; Am. Ord. 110, passed 5-31-78; Am. Ord. 122, passed 5-30-81; Am. Ord. 142, passed 4-28-86; Am. Ord. 161, passed 3-26-91; Am. Ord. 191, passed 5-22-01; Am. Ord. 212, passed 2-25-03; Am. Ord. 294, passed 8-4-10; Am. Ord. 368, passed 9-24-19)

Cross reference— Penalty, see Section 151.681

No structure shall be located, erected, constructed, added on to, repaired, reconstructed or altered:

(A)

Unless the structure is set back at least fifty (50) feet from any seawall, bulkhead line, fill line, or mean high water line of the waters of Lake Worth (including Spanish River), whichever is closer to the structure.

(B)

If any rear yard of a lot or lot of record or if any portion of any such rear yard fronts on any street such that the lot or lot of record is a through lot, then the greater of the front setback requirement or the rear setback requirement shall control.

('81 Code, § 5.50) (Ord. 97, passed 4-26-76; Am. Ord. 110, passed 5-31-78; Am. Ord. 112, passed 5-22-79; Am. Ord. 122, passed 5-30-81; Am. Ord. 131, passed 4-19-83; Am. Ord. 142, passed 4-28-86; Am. Ord. 153, passed 3-28-89; Am. Ord. 161, passed 3-26-91; Am. Ord. 212, passed 2-25-03; Am. Ord. 294, passed 8-4-10; Am. Ord. 368, passed 9-24-19)

Cross reference— Penalty, see Section 151.681

The minimum distance between the closest projection of any two (2) buildings shall be as follows:

(A)

Ten (10) feet if both buildings are one (1) story in height;

(B)

Fifteen (15) feet if any one building is one (1) story in height and any part of the other building is two (2) stories in height;

(C)

Twenty (20) feet if any part of both buildings is two (2) stories in height.

('81 Code, § 5.60) (Ord. 97, passed 4-26-76; Am. Ord. 110, passed 5-31-78; Am. Ord. 148, passed 5-26-87; Am. Ord. 161, passed 3-26-91; Am. Ord. 212, passed 2-25-03; Am. Ord. 294, passed 8-4-10; Am. Ord. 368, passed 9-24-19)

Cross reference— Penalty, see Section 151.681

Lot coverage. Commercial development shall be limited by lot coverage. Lot coverage for commercial uses shall not exceed thirty-five (35) percent.

(Am. Ord. 368, passed 9-24-19)

Editor's note— Ord. 368, adopted September 24, 2019, amended § 151.460 in its entirety to read as herein set out. Former § 151.460, pertained to ground floor area; lot coverage; permitted square footage; roof pitch, and derived from '81 Code, § 5.71) (Ord. 97, passed 4-26-76; Am. Ord. 122, passed 5-30-81; Am. Ord. 148, passed 5-26-87; Am. Ord. 212, passed 2-25-03; Am. Ord. 294, passed 8-4-10; Am. Ord. 342, passed 11-17-15.

Cross reference— Penalty, see Section 151.681

No garage shall have its entrance facing the street. No open carports shall be permitted. Each garage shall have a minimum interior area of twenty (20) feet in length and twenty (20) feet in width for the exclusive use of parking two (2) automobiles.

('81 Code, § 5.72) (Ord. 97, passed 4-26-76; Am. Ord. 161, passed 3-26-91; Am. Ord. 212, passed 2-25-03; Am. Ord. 368, passed 9-24-19)

Cross reference— Penalty, see Section 151.681

No boats or trailers of any kind shall be kept, maintained or stored on any lot or lot of record.

('81 Code, § 5.73) (Ord. 97, passed 4-26-76; Am. Ord. 212, passed 2-25-03; Am. Ord. 337, passed 7-28-15; Am. Ord. 368, passed 9-24-19)

Cross reference— Penalty, see Section 151.681

(A)

Boathouses. Boathouses are not permitted.

(B)

Docks. Docks are not permitted.

('81 Code, §§ 5.74 and 5.75) (Ord. 97, passed 4-26-76; Am. Ord. 112, passed 5-22-79; Am. Ord. 122, passed 5-30-81; Am. Ord. 131, passed 4-19-83; Am. Ord. 148, passed 5-26-87; Am. Ord. 151, passed 5-10-88; Am. Ord. 161, passed 3-26-91; Am. Ord. 166, passed 5-26-92; Am. Ord. 169, passed 5-25-93; Am. Ord. 173, passed 5-23-95; Am. Ord. 182, passed 11-17-98; Am. Ord. 212, passed 2-25-03; Am. Ord. 229, passed 6-22-04; Am. Ord. 306, passed 8-23-11; Am. Ord. 368, passed 9-24-19)

Cross reference— Penalty, see Section 151.681

Editor's note— Ord. 368, passed September 24, 2019, repealed § 151.464, which pertained to swimming pool/spa regulations and derived from '81 Code, § 5.76; Ord. 97, passed 4-26-76; Am. Ord. 131, passed 4-19-83; Am. Ord. 212, passed 2-25-03; Am. Ord. 275, passed 10-23-07.

Editor's note— Ord. 368, passed September 24, 2019, repealed § 151.465, which pertained to outdoor fireplaces and barbecue pits and derived from '81 Code, § 5.77; Ord. 97, passed 4-26-76; Am. Ord. 212, passed 2-25-03.

Garden walls, fences or hedges may be located, erected, constructed, planted, added on to, repaired, reconstructed or altered within the required yard areas pursuant to the site planning process.

(A)

Retaining walls. Retaining walls without additional structures may be constructed in conjunction with the "new construction" or "substantial improvement" of a building at a maximum height required to comply with the property's applicable grade or zero datum elevation (as defined in Section 151.003), in accordance with the most current Flood Insurance Rate Map promulgated by the Federal Emergency Management Agency (FEMA). Prior to the issuance of a certificate of completion or certificate of occupancy for the associated residence, a complete as-built survey of the retaining wall, certified by a Florida-licensed engineer retained by the property owner, shall be provided to the Town. The engineer's certification required by this subsection must verify that all on-site retention requirements are being met without adverse drainage effects to adjacent neighboring properties.

(1)

Additional structures or hedge material on top of or adjacent to retaining walls. Fences, railings, gates, or hedges may be constructed on top of or adjacent to retaining walls in conformance with the maximum height requirement provided below. Any fences, gates, or railings constructed on or adjacent to retaining walls pursuant to this paragraph must allow the transmission of light and air through fifty (50) percent or greater of the surface area. No privacy walls may be constructed on top of or adjacent to retaining walls.

(2)

Maximum height requirement of retaining walls and additional structures. The maximum height of retaining walls plus any additional structures, such as fences, railings, gates, or hedge material may not exceed the maximum allowable heights for walls, fences, or hedges in the property's front, side, or rear yard as provided in Subsections (A) or (B) above. Height shall be measured from the lowest adjacent grade, except for swimming pool fences or retaining wall railings required by the Florida Building Code or other applicable code, which shall be measured in accordance with the requirements of the Florida Building Code or other applicable code.

('81 Code, § 5.78) (Ord. 97, passed 4-26-76; Am. Ord. 112, passed 5-22-79; Am. Ord. 148, passed 5-26-87; Am. Ord. 151, passed 5-10-88; Am. Ord. 153, passed 3-28-89; Am. Ord. 161, passed 3-26-91; Am. Ord. 212, passed 2-25-03; Am. Ord. 244, passed 3-22-05; Am. Ord. 368, passed 9-24-19; Am. Ord. 376, passed 5-25-21)

Cross reference— Penalty, see Section 151.681

No structures shall be located, erected or constructed seaward of any established bulkhead or bulkhead line, except erosion control devices such as bulkheads, groins or jetties.

('81 Code, § 5.79) (Ord. 97, passed 4-26-76; Am. Ord. 148, passed 5-26-87; Am. Ord. 212, passed 2-25-03)

Cross reference— Penalty, see Section 151.681

All utility service lines and mains, including water, sewer, storm drainage, solid waste, telephone, cable television, gas, electrical and the like, shall be installed and maintained underground.

('81 Code, § 5.82) (Ord. 97, passed 4-26-76; Am. Ord. 148, passed 5-26-87; Am. Ord. 212, passed 2-25-03)

Cross reference— Penalty, see Section 151.681

Office, medical or dental. Medical or dental offices shall be subject to the following regulations:

(A)

On-site dispensing of controlled substances that are identified in Schedules II, III, or IV in F.S. §§ 893.03, 893.035, or 893.0356, is strictly prohibited, unless otherwise expressly permitted by statutory or general law. However, the following are exempt from this prohibition:

(1)

A health care practitioner when administering a controlled substance directly to a patient if the amount of the controlled substance is adequate to treat the patient during that particular treatment session.

(2)

A pharmacist or health care practitioner when administering a controlled substance to a patient or resident receiving care as a patient at a hospital, nursing home, ambulatory surgical center, hospice, or intermediate care facility for the developmentally disabled which is licensed by the state.

(3)

A health care practitioner when administering a controlled substance in the emergency room of a licensed hospital.

(4)

A health care practitioner when administering or dispensing a controlled substance to a person under the age of sixteen (16).

(5)

A health care practitioner when dispensing a one-time, 72-hour emergency resupply of a controlled substance to a patient.

(B)

Additionally, the health care practitioner responsible for the operation or supervision of any medical or dental office shall execute an affidavit acknowledging the regulations set forth hereinabove prior to payment of the required business tax, and annually thereafter upon renewal of same prior to the issuance of a business tax receipt. Failure or refusal to execute the required affidavit shall constitute prima facie evidence that the subject medical or dental office is operating in violation of the Code of Ordinances, which may result in Code enforcement action, revocation of business tax receipt, and/or any other actions permitted by law.

(Ord. 294, passed 8-4-10)