HomeMy WebLinkAboutOrdinance_500_09/28/1995ORDINANCE NO. 500
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, AMENDING ORDINANCE NUMBER 355, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF
THE VILLAGE OF TEQUESTA, BY AMENDING SECTION
XIV, NONCONFORMING USES, AT SUBSECTION (A)(7)
RELATING TO DESTRUCTION BY FIRE OR OTHER ACT
SO AS TO ALLOW STRUCTURES LOCATED IN THE R-3
ZONING DISTRICT LOCATED EAST OF THE
INTRACOASTAL WATERWAY WHICH ARE DESTROYED BY
MORE THAN FIFTY PERCENT OF THEIR ASSESSED
VALUE TO BE RECONSTRUCTED; PROVIDING
EXCEPTIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF ORDINANCES IN
CONFLICT; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Chapter XIV of the Code of Ordinances of the
Village of Tequesta relating to Nonconforming Uses is hereby
amended at subsection (A)(7), Destruction by fire or other act, so
as to11read as follows:
(7) Destruction by fire or other act: Nothing in this
ordinance shall be taken to prevent the restoration
of a building destroyed to the extent of not more
than fifty (50) percent of its assessed value by
flood, fire, explosion or other casualty, or act of
God, or the public enemy, nor the continued
occupancy or use of such building or part thereof
which existed at the time of such partial
destruction. The restoration of a building
destroyed more than fifty (50) percent of its
assessed value by flood, fire, explosion or other
casualty, or act of God, or the public enemy, must
meet the requirements of all applicable provisions
of this ordinance including but not limited to the
100-year flood standards described in Section XV of
this ordinance concerning special flood hazard
areas. Restoration under this section must be
started within ninety (90) days.
Non conforming structures located within the R-3
Zoning District of the Village which are located
east of the Intracoastal Waterway may be restored
even if destroyed more than fifty (50) percent of
their assessed value by flood, fire, explosion or
other casualty, or act of God, or the public enemy,
except to the extent that they are prohibited from
doing so by any federal, state, county law or
agency which supersedes the ordinances of the
Village in regard to said reconstruction."
Section 2. Severability. If any provision of this
Ordinance or the application thereof is held invalid, such
invalidity shall not affect the other provisions or applications of
this Ordinance which can be given effect without the invalid
provisions or applications, and to this end, the provisions of this
Ordinance are hereby declared severable.
Section 3. Repeal of Ordinances in Conflict. All other
ordinances of the Village of Tequesta, Florida, or parts thereof
which conflict with this or any part of this Ordinance are hereby
repealed.
Section 4. Codification. This Ordinance shall be codified
and made a part of the official Code of Ordinances of the Village
of Tequesta.
Section 5. Effective Date. This Ordinance shall take
effect immediately upon its passage and approval, as provided by
law.
THE FOREGOING ORDINANCE was offered by Councilmember
Burckart , who moved its adoption. The Ordinance
was seconded by Councilmember Schauer and upon
being put to a vote, the vote was as follows:
FOR ADOPTION
William E. Burckart
AGAINST ADOPTION
Joseph N. Capretta
Carl C. Hansen
Ron T. ~Iackail
Elizabeth A. Schauer
. 2
• The Mayor thereupon declared the Ordinance duly passed and
adapted this 28th day of September 1995.
ATTEST:
~ti .r _,, o O~~/
V' lage Clerk
JCR\131530RD\DESTRUCT.ORD
MAYOR OF TEQUESTA
Ron Mackail
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