HomeMy WebLinkAboutOrdinance_454_05/27/1993ORDINANCE N0. 454
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING ZONING
ORDINANCE N0. 355, AS AMENDED, BY AMENDING SECTION
VII, SCHEDULE AND APPLICATION OF REGULATIONS,
SUBSECTION <D), SCHEDULE OF DISTRICT AND USE
REGULATIONS, BY AMENDING PARAGRAPHS (6>(d)11. AND
(7>(d)4.; AMENDING SECTION X, SUPPLEMENTAL
REGULATIONS APPLYING TO A SPECIFIC, TO SEVERAL, OR TO
ALL DISTRICTS, SUBSECTION tF), FULL SERVICE FUEL
STATIONS OR GAS STATIONS, BY DELETING PARAGRAPH
< 2) < a> THROUGH ( 1) , INCLUSIVE; SUBSECTION (M> , SITE
PLAN; PREREQUISITE TO BUILDING PERMIT ISSUANCE, BY
DELETING PARAGRAPH (4), APPLICATION PROCESS,
REQUIREMENTS (a) THROUGH (f) AND BY ADDING NEW
REQUIREMENTS (a) THROUGH <i>; AMENDING SECTION XII,
SIGN REGULATIONS, SUBSECTION (J>, GENERAL
REQUIREMENTS, PARAGRAPH <2>, BY ADDING A NEW
REQUIREMENT <f); AMENDING SECTION XIV, NON-CONFORMING
USES, SUBSECTION (A), BY AMENDING PARAGRAPH <8>,
SWIMMING POOL ENCLOSURES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL
OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS
FOLLOWS:
_S_e_c_t_io__n__1. Sect ion VII, Subsection { D> , Paragraph
< 6)< d) I1. of the Official Comprehensive Zoning Ordinance of
the Village of Tequesta, Ordinance No. 355, as amended, is
hereby amended to read as follows:
< F) Ful l Service Fuel Station or Gas Station, as
provided:
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a. Full service fuel stations
shal l be located front inq alp
One.
b. Full service fuel stations
shall be located a minimum
1 ineal feet ( 500` > from
previously approved stations.
or
Ong
or
of
gas stations
U. S. Highway
gas stations
five hundred
existing or
c. There shall be a main building setback from
all right-of-way lines of forty feet C40`>.
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d. Main and accessory buildings
a minimum of f fifty feet
residential district.
e. A minimum s ix inches ( 6">
curb shall be required at
lines, except at approved
openings.
shall be located
t50'> from any
in height raised
all right-of-way
access driveway
f. Curb openings and access driveway widths and
locations shall meet the requirements of
Section VIII, Off-Street Parking and Loading
Regulations of the Zoning Gode, except as
provided for in Paragraph g. of this
Section. Curb openings shall be limited to
two {2> per street frontage.
a. Where two C2) curb openings are providing
access to a single street, they shall be
separated by an approved landscape island,
ten feet { 10' ) in width and twenty-five feet
• {25') in length at the right-of-way line.
Gurb cuts for access driveways shall be
located a minimum of ten feet < 10' ) from any
ad-ioining property line.
h. To ensure that sufficient room be provided on
either side of the fuel pumps witl-lout
intruding upon sidewalks or upon ad7oininQ
property, fuel pumps shall be located a
minimum of f fifty feet { 50' ) from any
ad~oinina property and a minimum of twenty--
f five feet C ~5' ) from any street property
line.
i. All tanks, vents, pump islands and pump
island or main and accessory building
canopies shall provide a minimum setback of
twenty-five feet <25' ) from any adioinina
property or right-of-way.
-i. Off-street loading spaces for the delivery of
materials: merchandise, fuel or any similar
product, shall be located in such a manner
that they are completely separate from
required customer parking spaces and access
drives and aisles thereto.
k. The selling, renting or leasing of new and/or
used motor vehicles, trailers or recreational
vehicles is prohibited.
1. Automotive repair work and/or servicing must
be performed within an enclosed building or
structure.
Section 2. Section VII, Subsection {D), Paragraph
<~}{d)4. of~ the Official GomnreYiensive Zoning Ordinance of
the Village of Teauesta, Ordinance No. 355, as amended, is
hereby amended to read as follows:
4. Full Service Fuel Station or Gas Station, as
trovided:
a. There shall be a main building setback from
all right-of-way 1 fines of forty feet { 40' 7.
b. Main and accessory buildings
a minimum of f fifty feet
residential district.
c. A minimum six inches {6")
curb shall be required at
lines, except at approved
openings.
shall be located
{50') from any
in height raised
all right-of-way
access driveway
d. Gurb openings and access driveway widths and
locations shall meet the requirements of
Section VIII, Off-Street Farkina and Loading
Regulations of the Zoning Gode, except as
provided for in Paragraph e. of this
Section. Gurb openings shall be limited to
two {L) per street frontage.
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e. Where two (2> curb openings are providing
access to a single street, they shall be
separated by an approved landscape island,
. ten feet { 10' ) in width and twenty-five feet
< 25' > in length at the right-of-way 1 ine.
Gurb cuts for access driveways shall be
located a minimum of ten feet {10') from any
ad-ioininq property line.
f. To ensure that sufficient room be provided on
either side of the fuel pumps without
intruding upon sidewalks or upon ad~oininQ
property, fuel pumps shall be located a
minimum of f fifty feet { 5O' } from any
adjoining property and a minimum of twenty-
f five feet { 25' > from any street property
1 ine.
a. All tanks, vents, pump islands and pump
island or main and accessory building
canopies shall provide a minimum setback of
twenty-five feet {25'> from any adjoining
property or right-of-way.
h. Off-street loading spaces for the delivery of
materials, merchandise, fuel or any similar
product, shall be located in such a manner
that they are completely separate from
required customer parking spaces and access
drives and aisles thereto.
i. The selling, renting or leasing of new andlor
used motor vehicles, trailers or recreational
vehicles is prohibited.
i. All oil drainage pits, hydraulic lifts and
mechanical repair work shall be located and
conducted within an enclosed building or
structure.
k. No body damaged vehicle or vehicle .components
of any kind ar conditions shall be exposed to
view from a public road right-of-way.
Sect ion 3. Sect ion X, Subsection { F> , Paragraph { 2>
of the Official Gomprehensive Zoning Ordinance of the Village
of Tequesta, Ordinance No. 355, as amended, is hereby amended
by deleting Paragrapl-i { 2){ a> through { 1>, inclusive.
Sect ion 4. Sect ion X, Subsection { M} , Paragraph { 4)
of of the ^ Official Gomprehensive Zoning Ordinance of the
Village of Teguesta, Ordinance No. 355, as amended, is hereby
amended by deleting requirements {a) through {f) and adding
new requirements {a> through {i) to read as follows:
{4> Application process. Applications for site plan
review shall adhere to the following procedures
and requirements:
<a> A pre-application submittal meeting shall be
held with the applicant and his/her design
team and the Building Official and hislher
development staff.
(b> Community Appearance Board review. An
application with all required submittals,
including but not limited to, twelve (12>
• copies of current survey, proposed site plan.
landscape plan, site lighting plan, building
elevations, color renderings, color samples,
roof material sample and any other exhibits
deemed appropriate by the Building Official
and his development staff, shall be submitted
to the Community Appearance Board for their
review and approval.
<c> Review by the Building Official. Concurrent
with the Community Appearance Board review
process, the Building Official shall review
the submitted site plan, and plans and
requirements appurtenant to the site plan, to
ensure compliance with the applicable site
regulations, use regulations, parking
regulations, and all other technical
requirements. If the application is deemed
by the Building Official to be at variance
with such regulations and requirements,
further action on the site plan review shall
be stayed until such variance is resolved.
If the application is deemed by the Building
Official to be in compliance with such
regulations and requirements, the application
and all exhibits, together with the Community
Appearance Board review and approval letter
and any additional comments of the Building
Official and his development review staff
concerning such application shall be
submitted by the Building Official to the
Village Council.
(d) Review by Village Council. Within thirty
(30> days of receipt of the application, with
Community Appearance Board approval letter
and all required plans, exhibits and support
documents from the Building Official, the
Village Council shall review, consider and
act upon said application.
Ce> Action by Village Council. After review, the
• Village Council shall grant approval, with
conditions, or deny the application and
direct the Building Official to approve or
withhold approval of the building permit.
<f> Approval Granted with Conditions. When
certain conditions are attached to the site
plan review, the conditions shall be stated
in writing on a separate form and become a
part of the approved site plan. Prior to the
issuance of a building permit, the applicant
shall sign and date the form indicating
acknowledgment of the conditions.
<q> The Village Council may require an applicant
to enter into a Developer's Agreement with
the Village if the Village Council deems such
agreement appropriate. If a Developer's
Agreement is required of an applicant, it
shall be set forth in a recordable form
acceptable to the Village Attorney.
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Ch> Time. A building permit must be applied for
within one (1) year of the date of the site
• plan approval or said approval shall be
nullified. In the case of a site plan which
provides for development phases over a period
of years, the Village Council shall set forth
time within which application for building
permit on each phase shall be filed. In the
event that building permits are not filed
within the required times, the approval shall
terminate and be deemed null and void unless
such time period is extended for one more
year only by the Village Council upon written
request of the applicant.
ti> Application Fee.
1. Administrative Costs. To cover all
administrative costs incurred by the
Village in the site plan review process.
the applicant shall, upon submittal of
ttie application for s ite plan review, pay
a fee in an amount as established in
Ghapter 16 of the Village of Tequesta
Code of Ordinances.
2. Additional Costs. To cover all
additional administrative costs, actual
or anticipated, including, but not
limited to, engineering fees, consultant
fees, and special studies, the applicant
shall compensate the Village for all such
casts prior to the processing of the
application or not later than thirty (30>
days after final application approval
whichever is determined as appropriate by
the Building Official.
Sect ion..S. Sect ion XII, Subsection ( J) , Paragraph
<2> of the Official Comprehensive Zoning Ordinance of the
Village of Tequesta, Ordinance No. 355, as amended, is hereby
amended by adding a new requirement <f> to read as follows:
C2) Signs in zoned residential districts R-lA, R-1, R-
2 and R-3
(f) Churches or Synagogues located in residential
districts shall be allowed signage as
follows:
1. Free standing sign: one t 1> free-
standing sign shall be allowed, not to
exceed thirty square feet < 30 sq. ft. > in
total area, a maximum height of seven
feet (7'> above finish grade, shall meet
the setback requirement of Subsection <I>
of these regulations and up to fifty
percent (50Rs> of the approved sign may be
used as a changeable letter reader sign.
2. Wall sign: one <1) wall mounted sign per
building shall be allowed, not to exceed
twenty square feet (20 sq. ft.> in total
area and be constructed using individual
raised letters and/or be metal plaque
t ype s i qns .
3. Monument sign: one <1) Around based
monument sign shall be allowed, not to
exceed twenty square feet tL0 sq. ft.) in
area, a maximum height of f our feet < 4' >
above finish grade and shall meet the
setback requirement of Subsection < I> of
these regulations.
4. Multiple wall signs shall be allowed,
providing that the total square foot area
does not exceed twenty square feet <20
sq. ft.) and have uniformity with respect
to style, color and sign material.
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Section 6. Section XIV, Subsection iA) of the
Official Comprehensive Zoning Ordinance of the Village of
Tequesta, Ordinance No. 355, as amended, is hereby amended by
rewriting condition <8> to read as follows:
(8> Swimming pool enclosures. Existing screened
swimming pool enclosures may be replaced in the
same location by another screen enclosure without
obtaining a variance from the Village Hoard of
Adjustment when such enclosure follows the same
foot print as the existing screen enclosure,
provided however, that no portion of said
structure shall be enclosed with solid walls or
roof .
Section 7. It is hereby declared to be t2ie intention
of the Village of Tequesta that the sections, paragraphs,
sentences, clauses and phrases of this Ordinance are
severable, and if any phrase, clause, sentence, paragraph or
section of this Ordinance shall be declared unconstitutional
or otherwise invalid by the valid judgement or decree of a
court of competent jurisdiction, such unconstitutionality or
invalidity shall not affect any of the remaining phrases,
clauses, sentences, paragraphs and sections of this
Ordinance.
Section 8. Permission to codify this Ordinance is
hereby granted.
Section 9. This Ordinance shall take effect
immediately upon its passage and approval.
THE FOREGOING ORDINANCE was offered by
Councilmember Collings who moved its
adoption. The Ordinance was seconded by
Counc i 1 member C.aprett a_ ___ __ _____ _ _ _________-____-__._-_______ and upon being
put to a cote, the vote was as follows:
FOR_ADOPTION AGAINST_AD.OPTIQN
William E. Burckart
Elizabeth A. Schauer
. __._. J o s e f h... N-=---. C ap-r e t t a-------•---~-~------...
E a r l L. C o 11 i n~s__~.~_______ ___.
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• The Mayor thereupon declared the Ordinance duly
passed and adopted this _ 27th day of __,._____.__M~ ____.~ __._____._.________,
1993.
MAYOR OF TEQUESTA
Ron T. Mackail
ATTEST:
_ ~ _
Jo nC~~n Ma ~anie~ o. Vil lade Clerk