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VILLAGE OF TEQUESTA
~~' AGENDA ITEM TRANSMITTAL FORM
1. VILLAGE COUNCIL MEETING:
Meeting Date:
April 10, 2008 Meeting Type:
Council Meeting Ordinance #: 04-08
Consent Agenda: Choose an item. Resolution #: Click here to enter text.
Originating Department: Administration
2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
Ordinance 4-08, Second Reading, Amending the Village of Tequesta Code of Ordinances at Chapter 78.
Zoning. Article IX. Supplemental Regulations. Division 1. Generally at Section 78-284. Walls and Fences.
3. BUDGET /FINANCIAL IMPACT:
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Budget Transfer Required: Choose an Appropriate Fund Balance: Choose an item.
item.
4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item)
A Ordinance amending the Village of Tequesta Code of Ordinance to provide for the construction and/or
placement of certain entry or driveway features that exceed five feet in height forward of the front building line
in certain circumstances.
5. APPROVALS:
Dept. Head:
~- ance Director:
Attorney: (for legal sufficiency)
Village Manager:
SUBMIT FOR COUNCIL DISCUSSION:
APPROVE ITEM:
Yes [~ No ^
DENY ITEM: ^
INTER-OFFICE MEMORANDUM
DEPARTMENT OF COMMUNITY DEVELOPMENT
To: Michael Couzzo
Village Manager
From: Catherine Harding
Community Development Director
Date: April 3, 2008
Re: Second Reading Ordinance 4-08
This is the second reading of Ordinance Number 4-08, amending Chapter 78, Sec.
78-284, to permit entry columns and gates in certain circumstances within the
Village of Tequesta, as revised by Village Council direction at the first reading on
2-14-08.
ORDINANCE NO. 4-08
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE OF TEQUESTA CODE
OF ORDINANCES AT CHAPTER 78. ZONING. ARTICLE IX.
SUPPLEMENTAL REGULATIONS. DIVISION 1. GENERALLY AT
SECTION 78-284. WALLS AND FENCES. TO PROVIDE FOR THE
CONSTRUCTION AND/OR PLACEMENT OF CERTAIN ENTRY OR
DRIVEWAY FEATURES THAT EXCEED FIVE FEET IN HEIGHT
FORWARD OF THE FRONT BUILDING LINE IN CERTAIN
CIRCUMSTANCES; PROVIDING THAT EACH AND EVERY OTHER
SECTION AND SUB-SECTION OF CHAPTER 78. ZONING. SHALL
REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED;
PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
WHEREAS, the Village Council desires to revise the zoning code regulations
regarding walls and fences to provide for the construction and/or placement of entry
columns and gates forward of the front building line in the R-1, R-1A and MU Zoning
Districts under certain circumstances; and
WHEREAS, the Village of Tequesta has held all duly noticed public hearings
pursuant to Florida Statutes regarding revisions to the text at Chapter 78, the Village's
Zoning Ordinance; and WHEREAS, the Village Council believes this ordinance to be in
the best interests of the Village of Tequesta.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1: Chapter 78. Zoning. of the Code of Ordinances of the Village of
Tequesta is hereby amended at Article IX. Supplemental Regulations. Division 1.
Generally at Section 78-284 Walls and fences. to provide for construction and/or
placement of entry columns and gates that exceed five (5) feet in height forward of the
front building line in certain circumstances; providing that Section 78-284 shall hereafter
read as follows:
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Sec. 78-284. Walls and fences.
Walls and fences may be erected or maintained within or adjacent to a property line
to a height not exceeding six ~ feet. No wall or fence shall be permitted to extend forward
of the building front on any lot or parcel, except for lots or parcels located along and
fronting upon Country Club Drive, where walls not exceeding five feet in height may be
located forward of the front building #Fept; afld line. #Fences associated only with accessory
structures pfeuided may be permitted if such fences ~ are screened from public view with a
hedge of not less than six 6~ feet in height aed-net nor more than tee ei ht 8 feet;
„~,n+e,+ ,,,,+ m„~o +~,., +..,,, foo+ ,.., won+o~ in heiaht. However, if a wall, fence, or living
hedge is erected or located on a corner lot or a double frontage lot, a vehicular and
pedestrian visibility triangle of a size and dimension which complies with the current traffic
engineering standards of the American Association of State Highway and Transportation
Officials (AASHTO) and the county shall be provided for in both directions from the
intersecting point of property lines. The maximum height of any wall, fence or hedge within
the visibility triangle shall be two and one-half 12.5 feet. Notwithstanding the above. entry
features consisting of masonry columns not exceeding six (6) feet in heiaht with or without
gates are not deemed to be walls or fences and are specifically allowed in the R-1A and
R-1 zoning districts and in the residential areas within a mixed use development located in
the MU Zoning District Such entry features must be compatible with the architecture of the
residence and the streetscape. and must be set back ten (10) feet from the edge of the
road pavement or the lot side of any sidewalk. Gates. if any. must swing inward or slide to
the side to prevent obstructions to the roadway or sidewalk. A building permit and approval
by the Planning and Zoning Board in accordance with these regulations is reauired prior to
the commencement of construction.
Section 2: Ali Ordinances or parts of Ordinances in conflict be and the same are
hereby repealed.
Section 3: Should any Section or provision of this Ordinance or any portion
thereof, any paragraph, sentence or word be declared by a Court of competent jurisdiction
to be invalid, such decision shall not affect the validity of the remainder of this Ordinance.
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Section 4: Specific authority is hereby granted to codify this Ordinance.
Section 5: This Ordinance shall become effective immediately upon passage.
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