§ 33-222.4. Accessory uses.

(1)

Business or commercial establishments of the BU-1 type, bars and cabarets shall be permitted in hotels, motels and apartment hotels provided they are located within the principal building, which contains at least one hundred (100) units, and provided the exterior of any such principal building shall not have store fronts or give the appearance of commercial or mercantile activity as viewed from the highway: in the event the use contains windows which may be seen from the street or highway, said windows shall be of fixed, obscure glass. Such business or commercial establishments and bars in this district shall be entered only through the lobby and no additional entrances shall be permitted, except when the same opens into a courtyard or patio (away from the street side) which is enclosed and which is not visible from the street and, except that a fire door or emergency exit shall be permitted. Hotels, motels, and apartment-hotels which extend from a street to the ocean or bay, and which have the required number of guest rooms or apartment units may have the permitted business or commercial establishment on the extreme end of the structure on the waterway side with a direct opening, provided that the opening is from the waterway side and cannot be viewed from the street or highway.

These restrictions shall not apply when the site is in a commercial district and these commercial uses are a permitted use in said district and conform to all of the requirements of said district.

(2)

Apartment developments having a minimum of three hundred (300) residential units may have BU-1 type convenience uses not exceeding one thousand (1,000) square feet as an accessory use to apartment developments, provided that:

(a)

Such services relate to the needs of the inhabitants of the proposed complex;

(b)

Such services are not provided direct access from public roads;

(c)

Such services are not visible from public roads;

(d)

Detached signs and signs visible from public roads are not used;

(e)

Such services are designed as an integral part of the total design as determined by site plan review; and

(f)

Said facility is located in the principal structure or in a community service center structure.

An additional one (1) square foot of retail area shall be permitted for each apartment unit above three hundred (300) units provided, however, that the maximum square footage for such facilities shall not exceed three thousand (3,000) square feet.

(3)

Hotels and motels with one hundred fifty (150) or more guest rooms may contain liquor package use on the premises for the accommodation and use of their guests only, provided the establishment housing such use is entered only through the lobby within the building and does not have the appearance of commercial or mercantile activity as viewed from the highway. No advertisement of the use will be permitted which can be seen from the outside of the building. These restrictions shall not apply when the hotel or motel site is in a commercial district and the package store is a permitted use and conforms to all of the requirements of said district.

(4)

Hotels and motels with two hundred (200) or more guest rooms or apartment units under one (1) roof may contain a night club on the premises, provided the exterior of any such building shall not have store fronts or give the appearance of commercial or mercantile activity as viewed from the highway. In the event the use contains windows which may be seen from the highway, said windows shall be of fixed obscure glass. Such night club shall be entered only through the lobby, and no additional entrance shall be permitted, except when the same opens into a courtyard or patio (away from street side) which is enclosed and which is not visible from the street and, except that a fire door or exit shall be permitted.

(5)

Coffee shop and dining room may be permitted in bungalow villa arrangements having fifty (50) or more guest rooms or fifty (50) or more units designed as one-family dwellings, provided that the exterior or any such building shall not contain store fronts and shall not have the appearance of commercial or mercantile activity as viewed from the public highway, nor be identified by any type of sign. Strip lighting by neon or other type of electric lighting to outline a building shall not be permitted.

The total square foot area of coffee shop or dining room, including kitchen facilities, etc., shall not total more than fifteen (15) square feet, multiplied by each living unit erected on the project.

(6)

Cabanas, provided they are strictly incidental to apartment house, apartment hotel, motel or hotel.

Cabanas shall not be used for overnight sleeping quarters nor rented or leased to any person other than a guest of the apartment house, apartment hotel, motel or hotel.

(Ord. No. 72-92, § 1, 12-5-72; Ord. No. 82-6, § 1, 2-2-82)