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HomeMy WebLinkAboutOrdinance_379_12/15/1988• ~ • ORDINANCE NO. 379 AN ORDINANCE OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING ZONING ORDINANCE NO. 355, AS AMENDED, BY AMENDING SECTION IV, DEFINITIONS; SECTION VII, SCHEDULE OF USE REGULATIONS, BY ADDING AN ADDITIONAL SPECIAL EXCEPTION USE TO THE "C-2" COMMUNITY COMMERCIAL DISTRICT AND AN ADDITIONAL ' PERMITTED USE TO THE "C-3" GENERAL COMMERCIAL DISTRICT; SECTION VIII, OFF-STREET PARKING AND LOADING REGU- CATIONS, PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE Village Council of the Village of I~ Tequesta, Palm Beach County, Florida, as follows: Section 1. Section IV, Subsection (B), Paragraph (26), (216.1), (321.1) and (321.2) of the official Zoning Ordinance of the Village of Tequesta, Ordinance No. 355, as amended, is hereby amended and added to respectively as follows: (26) "Automobile Sales (Leasing). See "Motor Vehicle Dealers". (216.1) "Motor Vehicle Dealers". The use of any building, land area or other premise for the display and sale of new passenger motor vehicles, including repair facilities, rental facilities and the carrying of stock for replacement parts, tires, batteries and automotive accessories. The sale of used motor vehicles shall only be permitted as an accessory use to new motor vehicle dealerships. The sale or rental of used motor vehicles as the principal primary purpose or function for which any building, land area or premise is utilized is prohibited. A Motor Vehicle Dealer must be in possession of a State of Florida Department of Motor Vehicles Franchised Motor Vehicle Dealer License. (321.1) "New" Motor Vehicle. A motor vehicle, the equitable or legal title to which has never been transferred by a manufacturer, distributor, importer or dealer to an ultimate purchaser. (321.2) "Used" Motor Vehicle. A motor vehicle, the equitable or legal title to which has been transferred by a manufacturer, distributor, importer or dealer to an ultimate purchaser." Section 2. Section VII, Subsection (D), Paragraph (6) C- 2 Community Commercial District, (d) of the official Zoning Ordinance of the Village of Tequesta, Ordinance No. 355, as amended, is hereby amended as follows: 13. Motor Vehicle Dealers, subject to the following conditions: a. Size shall be regulated with a minimum of two (2) acres and a maximum of five (5) acres. Motor Vehicle Dealer establishments shall be prohibited from locating within 1000 lineal feet of an existing Vehicle Dealer or previously approved Motor establishment within the jurisdictional boundaries of the Village of ~i Tequesta. b. Hours and days of operation shall be restricted ~' as follows: Page 2 - 1) No twenty-four hour operation. 2) Specific closing no later than 9:00 P.M. 3) Must remain closed on Sundays. 4) No opening for business before 7:00 A.M. c. The use of banners, flags, streamers, balloons, or any similar device shall be prohibited. The use of the American flag shall be restricted to no more than one American flag not to exceed 5 feet by 8 feet, flown from a standard flag pole. d. All customer servicing, including washing, waxing and cleaning, and repair of motor vehicles shall be conducted within completely enclosed buildings. e. All parts, supplies and materials shall be located or stored within completely enclosed buildings. Except for the parking of the motor vehicles to be sold, rented, or serviced, there shall be no outside storage of any kind. f. The sale or rental of used motor vehicles shall only be an accessory use to the principal use of the building, land area or premise. The sale or rental of used motor vehicles as the principal primary purpose or function for which any building, land area or premise is utilized shall be prohibited. The Motor Vehicle Dealer must be in possession of a State of Florida Department of Motor Vehicles Franchised Dealer license prior to the opening of the facility. The Certificate of Occupancy for the motor vehicle dealer establishment shall be conditioned by the requirement that the motor vehicle dealer establishment ownership be in possession of a State of Florida Department of Motor Vehicles Franchised Motor Vehicle Dealer license for the site of the motor vehicle dealer establishment prior to opening for business. g. The site plan for proposed Motor Vehicle Dealer establishments shall include, but not be limited to, the following: 1) Delineation of the customer parking area and the configuration of the parking spaces for the same. 2) Delineation of an employee parking area and the configuration of the parking spaces for the same. 3) Delineation of the required enclosed new vehicle showroom building. 4) Delineation of an acceptable outdoor vehicle display area and the configuration of the parking spaces for the same. 5) Delineation of any proposed vehicle storage area. h. No more than 50$ of the required designated outdoor vehicle display area may be utilized for the display of used motor vehicles. i. Motor vehicle dealers shall be required to provide a new vehicle showroom building of no less than 3,000 gross square feet. • Page 3 - j. Major and minor repair activities shall only be accessory uses to the principal use. Major and minor repair activities are as defined in the Comprehensive Zoning Ordinance of the Village of Tequesta. Paint and body shop activities or facilities shall be prohibited. k. All "tent" "marathon", campaigns of 1. The use of or other lighting sha m. sales, as well as all "telethon", "24 hours", etc., sales efforts or any type shall be prohibited. spot lights, sky lights, search lights, similar high intensity illumination 11 be prohibited. All artificial lighting used to illuminate the premise shall be directed away from adjacent or abutting properties, streets, alleys, or roadways, illuminating only the subject site. n. All radio, television, or other similar media broadcast from anywhere on the premise shall be prohibited. o. Any use of animated or mechanical animal, clown, etc., devices, also, anyone carrying sales signs, advertising, or placards of any kind from anywhere on or adjacent to the premise shall be prohibited. p. All writing, lettering, pricing, advertising, or signage of any type being placed directly upon or within any motor vehicle or part thereof (i.e., windshield, window, roof, hood, trunk, side panels, etc.) shall be prohibited. However, nothing herein shall be construed to prohibit provision of required vehicular information "stickers" or labels as may be required by Federal, State or other law. q. All motor vehicle sales establishments shall be restricted to U.S. Highway One frontage. However, this shall not preclude frontage on additional rights-of-way provided that ingress and egress within said additional frontage shall be prohibited. Additionally, frontage along additional rights-of-way shall have a fifteen (15) foot buffered landscaped area separating the property from the right-of-way. Required frontage along U.S. Highway One shall be required to have a fifteen (15) foot landscaped buffered area separating the property from the U.S. Highway One right-of-way. r. Motor vehicle dealers shall be subject to the requirements of Section X, Subsection (M) and all other applicable sections of the Comprehensive Zoning ordinance, Ordinance No. 355, as amended. s. All vehicle storage areas shall be fenced or walled off. Designated vehicle storage areas shall be contained within the rear yard of the subject property. t. All applicable sign regulations of the Village shall be applied and met. ,, u. The use shall strictly conform with the Village landscape regulations. Additionally, fifteen (15$) percent minimum of the entire site shall be devoted ~;I to living landscaping. ~- i Page 4 - • r v. The entire site shall be hedged, landscaped, buffered and irrigated in accordance with Village landscape regulations. w. The use of raised or open hoods, trunks and doors for advertisement or attention seeking purposes shall be prohibited. Utilization of unusual parking alignments such as "back end first" configurations for advertisement or attention seeking purposes shall also be prohibited. x. Stormwater run-off must be retained on site in accordance with South Florida Water Management District guidelines. All motor vehicle sales establishments must provide on-site waste retention facilities for chemical and petroleum products. y. No outdoor public address or paging system of any kind shall be permitted at any motor vehicle sales establishment. C~ z. All vehicles for sale, rental or display, not located within an enclosed structure, must be parked at grade. ', Section 3. Section VII, Subsection (D), Paragraph (7) C- 3 General Commercial District, (b) of the official Zoning Ordinance of the Village of Tequesta, Ordinance No. 355, as !amended, is hereby amended as follows: 16. Motor Vehicle Dealers, subject to the following conditions: a. Size shall be regulated with a minimum of two acres and a maximum of five acres. Motor Vehicle Dealer establishments shall be prohibited from locating within 1000 lineal feet of an existing or previously approved Motor Vehicle Dealer establishment within the jurisdictional boundaries of the Village of Tequesta. b. Hours and days of operation shall be restricted as follows: 1) No twenty-four hour operation. 2) Specific closing no later than 9:OOP.M. 3) Must remain closed on Sundays. 4) No opening for business before 7:00 A.M. c. The use of banners, flags, streamers, balloons, or any similar device shall be prohibited. The use of the American flag shall be restricted to no more than one American flag not to exceed 5 feet by 8 feet flown from a standard flag pole. d. All customer servicing, including washing, waxing and cleaning, and repair of motor vehicles shall be conducted within completely enclosed buildings. e. All parts, supplies and materials shall be located or stored within completely enclosed buildings. Except for the parking of the motor vehicles to be sold, rented, or serviced, there shall be no outside storage of any kind. S Page 5- f. The sale or rental of used motor vehicles shall only be an accessory to the principal use of the building, land area or premise. The sale or rental of used motor vehicles as the principal primary purpose or function for which any building, land area or premise is utilized shall be prohibited. The Motor Vehicle Dealer must be in possession of a State of Florida Department of Motor Vehicles Franchised Dealer license prior to the opening of the facility. The Certificate of Occupancy for the motor vehicle dealer establishment shall be conditioned by the requirement that the motor vehicle dealer establishment ownership be in possession of a State of Florida Department of Motor Vehicles Franchised Motor Vehicle Dealer license for the site of the motor vehicle dealer establishment prior to opening for business. g. The site plan for proposed Motor Vehicle Dealer i~ establishments shall include, but not be limited ~, to, the following: 1) Delineation of the customer parking area and the configuration of the parking spaces for the i same. 2) Delineation of an employee parking area and the configuration of the parking spaces for the same. 3) Delineation of the required enclosed new vehicle showroom building. 4) Delineation of an acceptable outdoor vehicle display area and the configuration of the parking spaces for the same. 5) Delineation of any proposed vehicle storage area. h. No more than 50$ of the required designated outdoor vehicle display area may be utilized for the display of used motor vehicles. i. Motor vehicle dealers shall be required to provide a new vehicle showroom building of no less than 3,000 gross square feet. j. All "tent" sales, as well as all "telethon", "marathon", "24 hours", etc., sales efforts or campaigns of any type shall be prohibited. k. The use of spot lights, sky lights, search lights, or other similar high intensity illumination lighting shall be prohibited. 1. All artificial lighting used to illuminate the premise shall be directed away from adjacent or abutting properties, streets, alleys, or roadways, illuminating only the subject site. m. All radio, television, or other similar media broadcast from anywhere on the premise shall be prohibited. n. Any use of animated or mechanical animal, clown, etc., devices, also, anyone carrying sales signs, advertising, or placards of any kind from anywhere on or adjacent to the premise shall be prohibited. ~ ', Page 6 - • o. All writing, lettering, pricing, advertising, or signage of any type being placed directly upon or within any motor vehicle or part thereof (i.e., windshield, window, roof, hood, trunk, side panels, etc.) shall be prohibited. However, nothing herein shall be construed to prohibit provision of required vehicular information "stickers" or labels as may be required by Federal, State or other law. p. Motor vehicle dealers shall be subject to the requirements of Section X, Subsection (M) and all other applicable sections of the Comprehensive Zoning Ordinance, Ordinance No. 355, as amended. q. All vehicle storage areas shall be fenced or walled off. Designated vehicle storage areas shall be contained within the rear yard of the subject property. 1 r. All applicable sign regulations of the Village 'I .shall be applied and met. s. The use shall strictly conform with the Village landscape regulations. Additionally, fifteen (15$) percent minimum of the entire site shall be devoted to living landscaping. t. The entire site shall be hedged, landscaped, buffered and irrigated in accordance with Village landscape regulations. Additionally, a fifteen (15) foot buffered landscaped area separating the front yard of the property from abutting right-of-way shall be required. u. The use of raised or open hoods, trunks and doors for advertisement or attention seeking purposes shall be prohibited. Utilization of unusual ', parking alignments such as "back end first" configurations for advertisement or attention seeking purposes shall also be prohibited. v. Stormwater run-off must be retained on site in accordance with South Florida Water Management District guidelines. All motor vehicle sales establishments must provide on-site waste retention facilities for chemical and petroleum products. w. No outdoor public address or paging system of any kind shall be permitted at any motor vehicle sales establishment. x. All vehicles for sale, rental or display, not located within an enclosed structure, must be ~~ parked at grade. Section 4. Section VIII, Subsection (F), Paragraph (15.1) of the official Zoning Ordinance of the Village of Tequesta, Ordinance No. 355, as amended, is hereby added as follows: (15.1) Motor Vehicle Dealer: One (1) parking space for each two hundred (200) square feet of floor area devoted to sales, rentals, customer use, or employee office use; plus one (1) parking space for each five hundred (500) square feet of gross floor area within the service department. .; '~~ Page 7 - r l1 Section 5. 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 6. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Village of Tequesta. Section 7. 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 Joseph N. Capretta and upon being put to a vote, the vote was as follows: FOR ADOPTION William E. Burckart Edward C. Howell Joseph N. Capretta ~' Earl L. Collins AGAINST ADOPTION Ron T. Mackail L The Mayor thereupon declared the Ordinance duly passed and adopted this 15th day of December 1988• I;ATTES'a~; !i i' I 'Bill C. velis Village C1 k I MAYOR OF TEQUESTA ,P~ ~. ~~~ Ron T. Mackail