ARTICLE XVIII A. - BEACH AND CASINO (BAC) ZONING DISTRICT

Sec. 23.18A.01.00. - Intent.

The Beach and Casino district (BAC) is a zoning category for the Lake Worth public beach and casino area. It is intended for public use of the beach area and other beach related uses and private commercial and public uses in the casino area.(Ord. No. 2007-19, § 1, 3-6-07)

Sec. 23.18A.02.00. - Principal uses permitted by right in the BAC district.

In the beach area (east of the east edge of the existing seawall):

A.Public beach and pier and accessory uses such as umbrella, beach chair, beach and water related rentals and cafes on the pier only, and special events as per section 21-18

In the casino area (west of the east edge of the existing seawall):
A. Pool, pool building and accessory uses.
B. Picnic facilities, play-grounds, recreational uses and restrooms.
C. Parking and parking structure.
D. Ballroom, banquet and meeting rooms.
E. Retail establishments. The sum of all retail establishments may not exceed seven thousand two hundred (7,200) square feet.
F. Restaurants (no drive thru), sandwich shops and snack bars, outdoor cafes and push carts.
G. Special events as per section 21-18
H. Art shows, exhibits and other events not requiring a special event permit pursuant to section 21-18
I. Environmental/nature centers.
(Ord. No. 2007-19, § 1, 3-6-07)

Sec. 23.18A.02.01. - Development regulations.

A. Building height: Total height shall not exceed sixty (60) feet. Two (2) habitable stories totaling not more than fifty (50) feet in height. Architectural features not to exceed an additional ten (10) feet in height. Building height shall be measured as defined in section 23.02.03.00, general definitions.
Parking structure shall not exceed two (2) levels or thirty-two (32) feet. The height of the highest parking surface shall not exceed the crown of the loop road closest to the seawall.

B. Setbacks: East: Seventy-five (75) feet from the east edge of the existing seawall excluding public seating, outdoor patio and dining areas (which shall be at least forty-five (45) feet from the east edge of the existing seawall), public shelters, signage and push carts.

West: Seventy-five (75) feet from the property line.
North: Two hundred (200) feet from the property line excluding public seating, public shelters, signage, and picnic pavilions, (which shall be at least thirty-five (35) feet from the property line and which shall be subject to special land use approval by the planning and zoning board).
South: Thirty-five (35) feet from the property line.

C. Building coverage: Fifteen (15) percent.
D. Maximum impermeable surface: Seventy-five (75) percent.
(Ord. No. 2007-19, § 1, 3-6-07)

Sec. 23.18A.03.00. - Prohibited uses.
A. All uses not specifically permitted.
(Ord. No. 2007-19, § 1, 3-6-07)

This is the actual wording of the Beach and Casino Zoning District that was the subject of the petition drive to repeal it - as led by current Commissioner McVoy.  This, according to McVoy, allows for the over-commercialization of the beach.  It was never repealed and the city actually needed this language in order legally to allow businesses there.  It corrected a long standing non-conformity since businesses existed at the beach in the Casino building for a very long time as the Public Recreation and Open Space (PROS) zoning only permitted "Parks and other outdoor open space areas intended for active use."

The Beach and Casino Zoning District does not mention Greater Bay's project and was not tied to it, other than it being a requirement that the city provide the appropriate zoning and land use so that would allow commercial activity at the beach.  Also, look at the limitation of the square feet on retail space.  Is the city following that restriction now?  Also notice that it specifically does not mention "hotels" and that use is therefore prohibited.  Finally, look at the date that the Ordinance 2007-19 was approved - it was back in 2007 and hasn't been changed since.  The petition signature gatherers cared little about what was actually written on paper - whatever terrible thing that anyone and everyone would not like at our beach was said to be allowed by this zoning district - and they are the ones that tied it to the Greater Bay project.  In fact, in one account, Christopher McVoy's wife approached a friend's door for his signature on the petition and instead of talking about the beach, talked about how the library was being torn down since there are no windows on the east side of the Lucerne building - that another tall building was going up in the downtown.

Back to the beach, contrary to the trivial blogger's take, these businesses were not "grandfathered in" and retail businesses and restaurants are not"customarily incidental to a principal use permitted by right" - that being open air recreation.  If you defined it that way, all parks in the city carry this PROS zoning designation and would allow commercial businesses.

The Beach and Casino Zoning district was created to prevent a misinterpretation of the PROS district.  The wording of that zoning district appears below:

 ARTICLE XVIII. - PROS PUBLIC RECREATION AND OPEN SPACE DISTRICT


23.18.01.00. - Intent.

The public recreation and open space district designates locations for parks and other outdoor open space areas intended for active and passive use. The district implements the public recreation and open space land use category in the Lake Worth Comprehensive Plan.

23.18.02.00. - Use restrictions in the PROS public recreation and open space district.

23.18.02.01. Principal uses permitted by right in PROS district.

A. Parks and other outdoor open space areas intended for active use.
B. Essential services.

23.18.02.02. Principal uses permitted as special land uses in PROS district. No uses are permitted as special land uses in the PROS public recreation and open space district.

23.18.02.03. Accessory uses permitted by right in PROS district. Any use accessory to and customarily incidental to a principal use permitted by right.

23.18.03.00. - Development regulations for the PROS public recreation and open space district.

A. Height: thirty-five (35) feet.
B. Setback: twenty (20) feet from all lot lines.