HomeMy WebLinkAboutOrdinance_390_9/14/1989ORDINANCE NO. 390
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
OF SITE REGULATIONS BY PROVIDING FOR MINIMUM
LANDSCAPE OPEN SPACE IN THE C-l, C-2 and
C-3 ZONING DISTRICTS IN THE AMOUNT OF
TWENTY-FIVE PERCENT; BY INCREASING THE MAXIMUM
BUILDING HEIGHTS WITHIN THE C-2 ZONING DISTRICT
TO FIVE STORIES/SEVENTY FEET IN HEIGHT; BY
AMENDING THE MINIMUM SIDE YARD SETBACK
REQUIREMENTS IN THE C~2 ZONING DISTRICT SO
AS TO PROVIDE A MINIMUM SIDE YARD OF TEN
FEET AND A MINIMUM OF TWENTY FEET AT
INTERSECTING STREETS AND WHERE CONTIGUOUS
TO NON-COMMERCIAL DISTRICTS; BY AMENDING
THE MINIMUM FRONT YARD, SIDE YARD AND REAR
YARD RQUIREMENTS SO AS TO INCREASE SAME BY
FIVE FEET FOR EACH STORY ABOVE THE THIRD
STORY WITHIN THE C-2 ZONING DISTRICT; BY
AMENDING THE MAXIMUM LOT COVERAGE IN THE
C-l, C-2 and C-3 ZONING DISTRICTS TO FORTY
• PERCENT; BY AMENDING SECTION IX-A, SUB-SECTION
(E) RELATING TO PLANNED COMMERCIAL DEVELOPMENTS
BY INCREASING PERMITTED BUILDING HEIGHTS
TO SIX STORIES OR EIGHTY-FOUR FEET; BY AMENDING
SECTION XVI (B) RELATING TO DOCK AND PIER
LENGTH BY PROVIDING THAT MOORING DEVICES,
BOAT LIFTS, DAVITS AND WHIPS SHALL NOT BE
CONSIDERED IN COMPUTING LENGTH; PROVIDING
FOR SEVERABILITY; 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. Section VII, sub-section (C), Schedule of Site
Regulations, of the Official Zoning Code of the Village
of Tequesta, Ordinance No. 355, as amended, is hereby amended
within the Schedule of Site Regulations so as to provide
as follows:
(a) There is hereby added a new requirement for
"minimum landscaped open space" in the C-l,
C-2 and C-3 Zoning Districts so as to provide
that there shall be minimum landscaped open
space of twenty-five percent (25~) on properties
located within the C-1, C-2 and C-3 Zoning
Districts.
(b) The maximum building height in the C-2 Zoning
District is hereby amended so as to provide
for a maximum building height of five (5) stories
up to seventy feet (70') in height.
_~
•
(c) The minimu
within the
a minimum
that the
feet (20')
a property
district.
m side yard setback is hereby amended
C-2 Zoning District so as to provide
side yard of ten feet (10') except
side yard setback shall be twenty
at any intersecting street and where
is contiguous with any non-commercial
(d) Minimum front yard, side yard and rear yard
requirements are hereby amended for four (4)
story and five (5) story buildings located
within the C-2 Zoning District so as to provide
an additional five feet (5') for each story
above three (3) stories for each of the front
yard, side yard and rear yard requirements.
(For example, where the minimum front yard
requirement is twenty-five feet (25'), an
additional five feet (5') per story is added
for buildings greater than three (3) stories
in height, so that a five (5) story building
shall have a minimum front yard of thirty-five
feet (35'). Minimum side yards and minimum
rear yards shall be adjusted in like fashion.)
• (e) The maximum lot coverage is hereby amended
in the C-l, C-2 and C-3 Zoning Districts so
as to provide a maximum lot coverage in each
of those districts of forty percent (40~).
Section 2. Section IX-A, sub-section (E), paragraph (1)(b)
of the Official Zoning Ordinance of the Village of Tequesta,
Ordinance No. 355, as amended, is hereby amended to read
as follows
"(b) Permitted Building Height.
heights for buildings shall be the
for in the C-2 Zoning District,
discretion of the Village Council,
may be increased to a maximum of
or eighty-four feet ( 84') . "
The allowable
same as provided
however, at the
building heights
six (6) stories
Section 3. Section XVI (B), Dock and Pier Length, Width
and configuration, is hereby amended by adding thereto an
additional item (8) to read as follows:
"(8) Mooring devices such as boat lifts, davits
and whips shall not be considered in computing the
required length, width and configuration of docks
or piers regulated by this Ordinance. Neither shall
the reconstruction, alteration or new construction
of mooring devices such as boat lifts, davits and
whips be considered as structural alterations for
purposes of determining whether or not said
reconstruction, alteration or new construction is
an extension of a non-conforming use. However,
this exemption shall not apply to structural
alterations which affect the length, width and
configuration of a dock or pier, exclusive of the
alteration of any mooring device affixed or accessory
thereto. Boatlifts and mooring pilings outboard
of docks and piers on waterways and canals of
eighty-five feet (85') or less in width are not
permitted."
•
Section 4. 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 5. This Ordinance shall be codified and made a
part of the Official Code of Ordinances of the Village of
Tequesta.
Section 6. This Ordinance shall take effect immediately
upon its approval and passage as provided by law.
THE FOREGOING ORDINANCE WAS OFFERED BY Councilmember
Earl L. Collings who moved its adoption. The
Ordinance was seconded by Councilmember
.William E. Burckart and upon being put to a vote,
the vote was as follows:
FOR ADOPTION
William E. Burckart
. Ron T. Mackail
Edward C. Howell
Earl L. Collings
Joseph N, Capretta, absent
AGAINST ADOPTION
The Mayor thereupon declared the Ordinance duly passed and
adopted this 14th day of September 1989.
MAYOR OF TEQUESTA
L .~~ (/~
os h N. Caprett
ATTEST:
w
Bil`^~1 C.' Ka avelis
Village erk
-3-