The URL can be used to link to this page

Home My WebLink AboutOrdinance_450_05/27/1993ORDINANCE NO. 450 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING ORDINANCE NO. 377 WHICH AMENDED ORDINANCE NO. 355, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE VILLAGE AT SECTION X, "SUPPLEMENTAL REGULATIONS"; AMENDING SECTION X (H)(2) TO PROVIDE REQUIREMENTS FOR LANDSCAPING IN RESIDENTIAL AREAS; AMENDING SECTION X (H) 14. PROVIDING FOR PROHIBITED LANDSCAPING; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE 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. That Section X (H)(2) of Ordinance No. 377, an amendment to the Comprehensive Zoning Ordinance of the Village of Tequesta, Florida, is hereby amended to read as follows: "(2) Application. Landscaping shall be provided in all zoning districts according to the following regulations. Single family lots are exempt from these provisions except for subsection Lc)(2) herein. (c) Landscaping of Open Land Uses 2. Residential Areas a. Landscape Abuttinc~Residential Areas. In the planting strip of commercial properties abutting and/or immediately adjacent to residential areas there shall be erected a living hedge not more than six (6) feet from said residential property line. Said hedge must be planted prior to issuance of a ' Certificate of Occupancy and must be planted not more than two (2) feet on center and must be maintained at a height of not less than six (6) feet and not more than ten (10) feet. Additionally, a solid opaque fence and/or wall of not less than five (5) feet but not more than six (6) feet shall be required. b. Landscape Requirements for Single Family and Duplex Lots and Renovations. All single family lots and duplex lots located within R- 1, R-lA or R-2 zoning districts shall comply with the following landscape requirements: (1) All single family and duplex lots proposed for development within the Village shall be required to comply with the xeriscaping landscape concept as set forth in the South Florida Water Management District Xeriscape Plant Guide II, as amended, with a minimum of sixty percent (60~) native landscaping required, by submitting xeriscape landscaping and irrigation plans to the Department of Community Development for review and consideration for approval prior to issuance of a Certificate of Occupancy. This provision shall also apply to any renovation, restoration or construction activity to an existing structure or existing landscaped area wherein the renovation, restoration or construction activity value is greater than fifty percent (50$) of the assessed value of the existing structure, or fifty percent (50$) of the estimated value of the existing landscaped areas determined by the Department of Community Development. (2) Each single family and duplex lot within the Village shall be required to maintain thirty percent (30~) open space which shall be landscaped with sod or grass, perimeter hedges and other landscaping such as trees in accordance with the provisions of this section. (3) All landscaped areas and planting areas on single family and duplex lots within the Village shall be provided with sufficient automatic irrigation • facilities and moisture control devices, both of which shall be maintained in working order at all times. In the event good cause is shown that there is not a need for automatic irrigation facilities, this requirement may be waived by action of the Village Council. (4) All single family and duplex lots within the Village shall be required to remove any prohibited landscaping from the property as set forth in Section X (H)(14) of this ordinance. This subsection (d) shall be enforced by the Village by requiring the removal of any prohibited landscaping prior to granting any landscaping, irrigation or well permit." Section 2. That Section X (H) 14. of Ordinance No. 377, an . amendment to the Comprehensive Zoning Ordinance of the Village of Tequesta, Florida, is hereby amended to read as follows: "14. Prohibited Landscapinci. The following plant species shall not be planted in the Village of Tequesta: a. Melaleuca quinquenervia (commonly known as Punk Tree Cajeput or paperbark); b. Schinus terebinthifolius (commonly known as Brazilian pepper Florida holly)1 c. Casuarina species (commonly known as Australian ine d. Acacia auriculiformis (commonly known as Earleaf acacia); e. Albizia lebbeck (commonly known as Woman's tongue) ; f. Ardisia solonacea (commonly known as Shoebutton ardisia); 2 g. Colubrina asiatica (commonly known as Leather leaf h. Dioscorea bulbifera commonly known as Air potato) ; i. Fiscus altissima (commonly known as Lofty fig) ; j. Fiscus bengalensis (commonly known as Banyan); k. Hibiscus tiliaceus (commonly known as Mahoe); 1. Jasminum dichotomum (commonly known as Jasmine) ; m. Lygodium microphyllum (common Iv known as Small-leaved climbing fern); n. Mimosa pigra (commonly known as Cat's claw); o. Rhodomvrtus tomentosus (commonly known as Downv rose myrtle Any parcel of land upon which a structure has been heretofore erected and which received a certificate of occupancy prior to the date upon which this Ordinance is • adopted and contains the prohibited landscaping t~rovided in (a) through (c) as indicated above shall have the prohibited landscaping removed and replaced with approved living landscaping pursuant to the provisions of this Ordinance within five (5) years of the date of enactment hereof . Any parcel of land upon which a structure has been heretofore erected and received a certificate of occupancy prior to the date upon which this amendment is adopted and contains the prohibited landscapincr in subsections {d) through (o) as indicated above shall have the prohibited landscapinctremoved and replaced with approved landscaping pursuant to the provisions of this Ordinance within four (4) years of the date of enactment hereof. The removal of prohibited landscaping as provided in this subsection shall not apply to the prohibited landscaping existing on single family lots or duplex lots lying within R-1, R-lA or R-2 districts." Section 3. 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 4. 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 5. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Village of Tequesta. Section 6. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. THE FOREGOING ORDINANCE was offered by Councilmember Collings , who moved its adoption. The Ordinance was seconded by Councilmember Schauer and upon being put to a vote, the vote was as follows: 3 FOR ADOPTION AGAINST ADOPTION Joseph N. Capretta William E. Burckart Elizabeth A. Schauer The Mayor thereupon declared the Ordinance duly passed and adopted this 27th day of Mai 1993. MAYOR OF TEQUESTA ATTEST: ~w~ V' age Clerk JCR\131530RD\LANDSCAP.ORD L: ~ ~. ~:~-~ Ron T. Mackail 4