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HomeMy WebLinkAboutOrdinance_496_09/28/1995• ORDINANCE NO. 4 g 6 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING ZONING ORDINANCE NO. 355, AS AMENDED, BY AMENDING SECTION X, SUPPLEMENTAL REGULATIONS APPLYING TO A SPECIFIC, TO SEVERAL OR TO ALL DISTRICTS, BY ADDING A NEW SUB-SECTION (R), MULTI-FAMILY RECYCLABLE MATERIAL FACILITIES; 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. Ordinance No. 355, as amended, the Comprehensive Zoning Ordinance of the Village of Tequesta, is hereby amended at Section X, by adding a new sub-section (R), multi-family recyclable materials facilities, to read as follows: (R) Multi-family recyclable materials facilities. (I) Recyclable material collection and storage areas shall be provided on-site at all multi-family developments with ten (10) or more units, in accordance with the following requirements and/or standards: {a) Collection and storage facilities shall be in accordance with any specific requirements of the Palm Beach County Solid Waste Authority, the Village's franchise recycling service provider and these requirements and/or standards as set forth herein. (b) Location. Recyclable material collection and storage areas shall be located within the building containing the multi-family dwelling units or within an accessory building such as a parking structure or within or adjacent to the disposable material dumpster area used by the residents. n U (c) Access. Access to recyclable material collection and storage areas shall be designed so as to not require unnecessary turning or backing movements by pick-up and removal vehicles. (d) Setback. The minimum setback for recyclable material collection and storage structures shall be as required for accessory buildings or • structures as set forth in the zoning district schedule of site regulations at Section VII, (C), in the Zoning Ordinance. (e) Screening. All recyclable material collection and storage areas shall be properly screened from view by a solid opaque enclosure constructed of brick, concrete, concrete block and stucco, or other decorative masonry or comparable wood, consistent with the architectural character or style of the development or principal building(s). If gates are used they shall meet the requirements of the Village franchise service provider. All exterior sides of such enclosures, except the open end, shall be landscaped with minimum twenty-four (24) inch high plant material spaced a maximum of twenty-four (24) inches on center at time of planting. The type of plant material shall meet the requirements of the Village's Landscape Code as set forth at Section X, (H) in the Zoning Ordinance. (f) Storage Area. The required collection and storage area(s) or structure(s) shall be sized to properly handle the volume of recyclable materials anticipated to be generated by the multi-family development. (g) Alternative Compliance. Applicants shall be entitled to • demonstrate that recyclable material storage space needs can be effectively met through an alternative recyclable materials collection and storage plan. An alternative plan shalt be reviewed by the solid waste authority, the Village's franchise service provider and the Village, and if approved, shall be substituted for a recyclable materials storage and collection plan meeting the express collection and storage area requirements and standards of this section. (h) Review. Recyclable material collection and storage area plans shall be reviewed by the Village as part of the Site Plan Review process as set forth at Section X, (M) of the Zoning Code. (i) Retrofitting of existing multi-family developments. The retrofitting of existing multi-family buildings and developments to comply with the requirements and standards of this section shall be encouraged. In order to encourage retrofitting, existing multi-family buildings or developments may convert existing off-street parking spaces to accommodate a recyclable material storage structure meeting the requirements of this section and, additionally, in accordance with the following standards: (1) Number of parking spaces to be converted. The number of • existing off-street parking spaces converted shall not exceed the minimum number of collection and storage areas necessary to properly meet the anticipated recycling needs of the multi-family development. (2) Automatic waiver. The conversion of existing off-street parking spaces to accommodate recyclable material collection and storage areas pursuant to the requirements and standards of this section shall be permitted by-right, without resort to the Board of Adjustment. (j) Exemptions. Multi-family developments in existence at the date of the adoption of this Ordinance that receive curbside recyclable materials collection service on at least a weekly basis shall be exempt from the standards of this section. 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 Council member Hansen ,who moved its adoption. The Ordinance was seconded by Council member Rlirckart and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION Joseph N. Capretta Carl C. Hansen • Ron T. Mackail Elizabeth A. Schauer • The Mayor thereupon declared the Ordinance duly passed and adopted this 2 8th day of September , 1995. MAYOR OF TEQUESTA Ron T. ackail ATTEST illage Clerk •