Sec. 250588. - Conditional uses.
The following uses shall only be conditionally permitted subject to the procedures and requirements provided elsewhere in this chapter.
(1) Certain mixed use developments as specified elsewhere in this chapter.
(2) Buildings or structures exceeding the height limitation as set forth in this chapter, up to a maximum height of one hundred (100) feet.
(3) Service stations, subject to the following regulations:
(a) The petitioner shall submit a noise study by an acoustical consultant which demonstrates that the noise generated to receiving land uses is within acceptable levels established by the noise ordinance. The noise study will be reviewed by the city, or the city's designee, and the cost shall be paid by the petitioner.
(b) A traffic study shall be submitted by a registered, professional engineer which identifies the impact of the project on the external roadway system as well as internal traffic circulation patterns, parking configurations and turning movements. The traffic study will be reviewed by the city, or the city's designee, and the cost shall be paid by the petitioner.
(c) The minimum lot area shall be one (1) acre.
(d) The minimum frontage on a street shall be two hundred (200) feet.
(e) The minimum setback of any building from all street lot lines shall be sixty-five (65) feet.
(f) The minimum setback of gasoline pumps and canopies from any street lot lines shall be fifty (50) feet. Such canopies shall have a minimum clearance of fourteen (14) feet and a maximum clearance of sixteen (16) feet and shall be supported with decorative columns.
(g) The minimum landscape buffer along any street lot line shall be twenty five (25) feet and shall contain substantial berming and mass plantings.
(h) At the terminus of any pump island, a planter area shall be provided to accommodate a small tree (ten (10) feet maximum) and ground cover/shrubs.
(i) Gasoline vent stacks are to be enclosed within a decorative structure or painted an inconspicuous color, and be located so as to be as unobtrusive as possible.
(j) Parking shall be permitted only in designated areas except when the vehicle is fueling.
(k) Service stations within two hundred (200) feet of properties in residential, community facility or parks and recreation zoning districts shall protect those properties from headlight glare, undesirable noise and views by the following:
1. A decorative masonry wall, of uniform appearance six (6) feet in height, above finished grade, except along street frontages abutting a right-of-way with a width of eighty (80) feet or greater.
2. A five-foot wide landscape area which shall be outside the wall and consist of a two-foot high continuous hedge at the time of planting and be maintained at a height of at least four (4) feet.
3. Such masonry wall and landscaping shall be maintained in good condition at all times. This masonry wall and landscaping may be interrupted by normal entrances or exits, and shall have no signs hung or attached thereto other than those permitted pursuant to Chapter 18 of the Land Development Code.
Except that service stations that are within sixty (60) feet of residential property shall be subject to the perimeter buffering requirements set forth elsewhere in this chapter.
(l) All services except those routinely performed at full service pump island shall be conducted within the building.
(m) No major repairs shall be performed.
(n) Automatic car washes are permitted as an accessory use subject to the following conditions:
1. The car wash must be accessory to and operating as a secondary service to the service station.
2. The accessory operation shall be fully automatic requiring no employees for car wash related services.
3. Maximum capacity of the accessory car wash shall be one (1) vehicle.
4. The accessory car wash must have a working oil/sand interceptor to which all drainage from the car wash must flow.
5. Buffering where the accessory building includes an opening of at least eight (8) feet in width or height:
a. Where said building is sixty (60) feet or less from "R" zoned land and the opening faces the "R" zoned land, a wall or berm eight (8) feet in height shall be required to screen the opening. The berm, together with any plantings, shall be a minimum of six (6) feet in height at the time of installation. The berm and plantings shall be maintained at an eight (8) foot height and shall be designed and maintained in a manner that will provide an opaque visual buffer.
b. Where the opening is located on the front or street elevation of a building, a wall with a minimum height of four (4) feet and a maximum height of five (5) feet shall be required to screen the opening. A minimum twenty (20) foot landscape strip shall be provided on the streetside of said wall with a minimum five (5) foot landscape strip on the inside of the wall. The strip shall be landscaped with a minimum of two (2) trees, and two (2) shrubs or vines for each five (5) feet of wall in addition to other landscaping required.
c. Alternative methods of achieving the opaque visual buffer may be approved by the city manager or their designee.
6. Car wash opening in the building may only be provided at the entrance and exit. The sides of the car wash may not contain opening of any kind.
7. In no event shall required walls, berms or plantings conflict with the required sight visibility triangle.
8. Traffic circulation standards for accessory car washes shall provide a minimum of three (3) vehicle stacking spaces inbound and two (2) vehicle stacking spaces outbound with the car wash and stacking located in such a way as to avoid conflicts with other points of access, circulation and stacking requirements of the service station, and provide safe turning movements in and out of the car wash.
(o) Hand car washes are permitted as an accessory use subject to the following conditions:
1. The car wash must be accessory to and operating as a secondary service of the service station.
2. The accessory car wash must meet all landscape and buffering requirements as outlined in Articles IV and V of this chapter.
3. The accessory car wash must have a working oil/sand interceptor to which all drainage from the car wash must flow.
4. Hours of operation shall not exceed hours of operation of the service station.
5. There shall be no additional signage on the site to indicate car wash.
6. Traffic circulation standards on-site shall provide a minimum of six (6) vehicle stacking spaces, which spaces may be utilized as stacking spaces, separate parking spaces or a combination of the two. Any stacking shall be located in such a way as to avoid conflicts and provide safe turning movements.
(4) Convenience stores subject to the following conditions:
(a) The petitioner shall submit a noise study by an acoustical consultant which demonstrates that the noise generated to receiving land uses is within acceptable levels established by the noise ordinance. The noise study will be reviewed by the city, or the city's designee, and the cost shall be paid by the petitioner.
(b) A traffic study shall be submitted by a registered, professional engineer which identifies the impact of the project on the external roadway system as well as internal traffic circulation patterns, parking configurations and turning movements. The traffic study will be reviewed by the city, or the city's designee, and the cost shall be paid by the petitioner.
(c) The minimum lot area shall be twenty thousand (20,000) square feet.
(d) The minimum frontage on a street shall be one hundred fifty (150) feet.
(e) The minimum setback of any building from all street lot lines shall be sixty-five (65) feet.
(f) Convenience stores within two hundred (200) feet of properties in residential, community facility or parks and recreation zoning districts, shall protect those properties from headlight glare, undesirable noise and views by the following:
1. A decorative masonry wall, of uniform appearance six (6) feet in height, above finished grade, except along street frontages abutting a right-of-way with a width of eighty (80) feet or greater.
2. A five-foot wide landscape area which shall be outside the wall and consist of a two-foot high continuous hedge at the time of planting and maintained at a height of at least four (4) feet.
3. Such masonry wall and landscaping shall be maintained in good condition at all times. This masonry wall and landscaping may be interrupted by normal entrances or exists, and shall have no signs hung or attached thereto other than those permitted pursuant to Chapter 18 of the Land Development Code.
4. Except that convenience stores that are within sixty (60) feet of residential property shall be subject to the perimeter buffering requirements set forth elsewhere in this chapter.
(5) Fast food restaurants subject to procedures and regulations articulated elsewhere in this chapter and the following:
(a) The petitioner shall submit a noise study by an acoustical consultant which demonstrates that the noise generated to receiving land uses is within acceptable levels established by the noise ordinance. The noise study will be reviewed by the city, or the city's designee, and the cost shall be paid by the petitioner.
(b) A traffic study shall be submitted by a registered, professional engineer which identifies the impact of the project on the external roadway system as well as internal traffic circulation patterns, parking configurations and turning movements. The traffic study will be reviewed by the city, or the city's designee, and the cost shall be paid by the petitioner.
(c) A study shall be submitted by an environmental consultant which performs comprehensive outdoor air assessments to ensure that odors generated by the use are not excessive. The assessment shall be reviewed by the city, or the city's designee, and the cost shall be paid by the petitioner.
(6) Large scale retail establishment or any combination of large scale retail establishments in a single building, occupying a footprint greater than forty thousand (40,000) square feet are subject to the following conditions:
(a) Subject to the criteria set forth in the Architectural Guidelines for large scale commercial development.
(b) The petitioner shall submit a noise study by an acoustical consultant which demonstrates that the noise generated to receiving land uses is within acceptable levels established by the noise ordinance. The noise study will be reviewed by the city, or the city's designee, and the cost shall be paid by the petitioner.
(c) A traffic study shall be submitted by a registered, professional engineer which identifies the impact of the project on the external roadway system as well as internal traffic circulation patterns, parking configurations and turning movements. The traffic study will be reviewed by the city, or the city's designee, and the cost shall be paid by the petitioner.
(d) The petitioner shall enter into a maintenance agreement to monitor the proper preparation of planting beds, material quality and long term maintenance. A comprehensive inspection schedule by an independent landscape professional will be required as part of the agreement. The agreement will require either a letter of credit or cash in the amount of fifty (50) per cent of the fair market value be placed with the city prior to the issuance of a certificate of occupancy.
(7) If an addition of more than five (5) per cent of the original floor area is being added to any of the uses described in this section which had previously qualified as a legal non-conforming use, then the above regulations for each use shall apply.
(8) Notwithstanding any other provision of the Coral Springs Land Development Code that allows medical clinics, doctors' offices, or pharmacies as a permitted use in any zoning district, pain management clinics, as defined in Section 250105 of the Land Development Code, shall be allowed only as a conditional use. In order to provide adequate protection to the community and establish the legitimacy of the business, the following regulations shall apply to the location, design, operation, and maintenance of pain management clinics, and shall be in addition to all other requirements or limitations of this chapter.
(a) Conditional use approval shall be obtained prior to the establishment of any pain management clinic.
(b) The notarized petition for a conditional use for a pain management clinic shall disclose, in detail:
(1) The owners and operators of the facility, and shall be updated by the owner/operator annually at the time of renewal of the business tax receipt for the business, or at any time that there is a change of owner or the physician of record pursuant to F.S. § 458.3265 or F.S. § 459.0137, as amended from time to time. The petition shall not be signed by an authorized agent, but must be signed by the owner(s) of the facility.
(2) A floor plan of the pain management clinic showing the location and size of the waiting area, location of and size of the patient rooms and location and type of diagnostic equipment. If controlled substances are dispensed on-site, the floor plan must indicate the location of the controlled substances and method of security for protection of the controlled substances.
(3) Whether the pain management clinic dispenses controlled substances on the pain management clinic site.
(4) A list of all persons associated with the management or operation of the pain management clinic whether paid or unpaid, part time or full time, contract labor or independent contractor.
The list must include, but is not limited to, all owners, operators, employees or volunteers. For persons listed, the following information must be provided:
a. Title;
b. Current home address, telephone numbers and date of birth;
c. All criminal convictions whether misdemeanor or felony;
d. Current Florida driver's license;
e. A set of fingerprints, unless the person's fingerprints are currently on file with the State of Florida Department of Health; and
f. Whether the person has any financial or business interest in a pharmacy, as defined in F.S. § 465.003, within the State of Florida.
This information shall be required to be updated ten (10) days prior to any new person becoming associated with the pain management clinic. In addition, every ninety (90) days the owner(s) of the facility shall file an affidavit which includes an affirmative statement verifying that no other person(s) have become associated with the pain management clinic other than those disclosed ten (10) days prior to their becoming associated with the pain management clinic.
(c) The applicant shall provide proof of registration with the Florida Department of Health, pursuant to F.S. § 458.3265 or F.S. § 459.0137, as amended from time to time, prior to conditional use approval for the business. If the registration of a pain management clinic is revoked or suspended by the Florida Department of Health, the city commission authorizes development services staff to revoke the conditional use after notice and the opportunity for a hearing before a special magistrate.
(d) The petition for conditional use shall include an affidavit by the owner or the physician of record pursuant to F.S. § 458.3265 or F.S. § 459.0137, as amended from time to time, attesting to the fact that no employee of the business, nor any independent contractor or volunteer having regular contact with the customers of the business, has been convicted of a drug-related felony within the five (5) year period prior to the date of the petition, and that the business shall not employ or allow any such convicted employee, independent contractor, or volunteer on the premises thereafter.
(e) A pain management clinic shall be limited to the hours of operation between 7:00 a.m. and 9:00 p.m., Monday through Saturday.
(f) A pain management clinic shall post the required conditional use approval in a conspicuous location at or near the entrance to the facility so that it may be easily read at any time.
(g) No pain management clinic shall be permitted to be located within one thousand two hundred (1,200) feet of another pain management clinic or a school, kindergarten, nursery school, day care center, or house of worship. The applicant shall furnish a certified survey prior to the conditional use approval for the business. Said survey shall be prepared by a registered land surveyor in the state of Florida, indicating the distance in linear feet between the proposed pain management clinic and another pain management clinic, and any school, kindergarten, nursery school, day care center, or house of worship, measured from the nearest point of one (1) facility to the nearest point of the other facility in a straight line.
(h) A pain management clinic shall provide a minimum of one (1) parking space per ten (10) gross square feet of customer waiting area, including the lobby and seating area. The business shall provide a minimum of one (1) parking space per two hundred (200) gross square feet of the remainder of the building.
(i) Pain management clinics are prohibited from having any outdoor seating areas, queues, or customer waiting areas. All activities of the pain management clinic, including sale, display, preparation, and storage, shall be conducted entirely within a completely enclosed building.
(j) Pain management clinics are prohibited from limiting the form of payment for goods or services to cash only.
(k) Pain management clinics shall not accept cash for payment of goods and services associated with prescribing or dispensing of schedule II or schedule III controlled substances, as listed in F.S. § 893.03, as amended from time to time, except for insurance co-pays, coinsurance, or deductibles.
(l) With the exception of subsections (g) and (h), all pain management clinics legally in existence prior to the effective date of this ordinance shall comply with the requirements herein within one hundred eighty (180) days of the effective date of this section. Any pain management clinic legally in existence prior to the effective date of this ordinance, but now in violation of its provisions due to the pain management clinic's failure to meet the requirements of subsections (g) and/or (h), shall be considered a legal nonconforming use for a period of eighteen (18) months from the effective date of this section. After the eighteen (18) month period of time, such nonconforming use shall be removed or discontinued. However, upon a showing of unique hardship, the pain management clinic may continue to operate for an additional six (6) month period if approved by the development services department.
(m) If at any time the city determines that a pain management clinic is operating in any manner that is inconsistent with, or contrary to, the provisions of this ordinance or other applicable code or statute, the city commission authorizes development services staff to revoke the conditional use after notice and the opportunity for a hearing before a special magistrate.
(Code 1972, § 20-358; Ord. No. 93-146, § 1, 9-21-93; Ord. No. 99-121, § 3, 8-17-99; Ord. No. 2000-113, § 6, 5-16-00; Ord. No. 2011-127, § 3, 11-1-11; Ord. No. 2023-101, § 166, 4-19-23)
