HomeMy WebLinkAboutDocumentation_Regular_Tab 10_04/11/2019'ViHage c3f 'Ireqviesta
Memorandum
561-768-0700
VnNw.tequesta.org
To: Mayor Brennan; Village Council Members
Cc: Acting Manager Weinand, Clerk McWilliams
From: Community Development Director Zacarias
Date: March 22, 2019
Re: Ordinance 08-19: Fence and Frontage Village Code Revisions
Ordinance 08-19 proposes revisions to amend the following Village Code sections:
• Sec. 78-4:
o The subject ordinance provides an amendment to the definition of
"frontage for buildings" and "lot frontage."
• Sec. 78-284:
• This code revision provides cross reference to fencing requirements for
commercial properties and residential properties screening certain boats
and other vehicles.
• The ordinance also, provides clarification to the application of walls and
fence regulations to corner lots.
Chapter 46:
• This code revision clarifies the regulations regarding carports and
enclosed garages, by providing regulations for screening on corner lots.
• The ordinance repeals the waiver provision at Sec. 46-76; providing that
each and every other section and subsection of Chapters 78 and 46 shall
remain in full force and effect as previously adopted.
Vice -Mayor Tom Patemo Mayor Abby Brennan Council Member Vince Arena
Council Member Laurie Brandon Council Member Kristi Johnson
ORDINANCE NO. 08-19
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA,) AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 78. ZONING. ARTICLE I. IN GENERAL,
SEC. 78-4. DEFINITIONS. BY AMENDING THE DEFINITIONS FOR
"FRONTAGE FOR BUILDINGS" AND "LOT FRONTAGE" TO PROVIDE
UPDATED CLARIFICATIONS FOR THESE DEFINITIONS; AND AT
ARTICLE IX. SUPPLEMENTAL REGULATIONS, SEC. 78-284. WALLS
AND FENCES. BY PROVIDING CROSS REFERENCE TO FENCING
REQUIREMENTS FOR COMMERCIAL PROPERTIES AND
RESIDENTIAL PROPERTIES SCREENING CERTAIN BOATS AND
OTHER VEHICLES, AND BY PROVIDING CLARIFICATION TO THE
APPLICATION OF WALL AND FENCE REGULATIONS TO CORNER
LOTS; ALSO AMENDING THE VILLAGE CODE OF ORDINANCES AT
CHAPTER 46. MOTOR VEHICLES AND TRAFFIC. ARTICLE 111.
PARKING, STOPPING OR STANDING. DIVISION 2, SEC. 46-72, SEC. 46-
73 AND SEC. 46-74. BY CLARIFYING REGULATIONS REGARDING
CARPORTS AND ENCLOSED GARAGES, BY PROVIDING
REGULATIONS FOR SCREENING ON CORNER LOTS, AND BY
REPEALING THE WAIVER PROVISION AT SEC. 46-76; PROVIDING
THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF
CHAPTERS 78 AND 46 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 of the Village of Tequesta. desires to clarify and update
certain provisions of the Village's zoning code for walls and fences, and vehicle parking /
screening code for certain boats, trailers and recreational vehicles relative to application of these
provisions to comer lots; and
WHEREAS, the Village Council believes these code revisions will be in the best interests
of the Village of Tequesta, and will promote the public health, safety and welfare.
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 1. In General. Sec. 78-4. Definitions. by amending the definitions for
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"Frontage for buildings" and "Lot frontage" to provide updated definitions that more clearly define
these terms; providing that these definitions shall hereafter read as follows:
Sec. 78-4. - Definitions.
The following words, terms and phrases, when used in this chapter, unless otherwise specified,
shall have the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning. All words used in the present tense include the future; all words
in the singular number include the plural and the plural the singular. The word "building"
includes the word "structure." The word "shall" is mandatory. The word "person" includes a
firm, corporation or Municipal Corporation as well as a natural person. The word "map" shall
mean the official zoning map of the village. The term "council" shall mean the Council of the
Village of Tequesta and the word "village" shall mean the Village of Tequesta, a municipal
corporation of the State of Florida. The word "used" shall be deemed to include the words
"arranged, designed or intended to be used," and the word "occupied" shall be deemed to include
the words "arranged, designed or intended to be occupied." Any word or term not interpreted or
defined by this section shall be used with a meaning of common or standard utilization.
Frontage for buildings means the linear dimension of a building which faces upon a public street
and is rou2hlv Darallel to it. Where a buildin2 faces two or more streets, the fronta2e containin
.11 fbQ � ,
the principal roadway street address shall be designated as the building frontage. 11 Me F -F -j
i je E)f a dedieated publie street or plaee betivveen twe ifAer-seetifig dedieated publie stfeets
or- Plaeos ffi-e-Assiffir-e-d- -al-A-Bg the line of the dedieated publie str-ee� E)r- plaee, of i -k -he. ded-i-eated publie
stfeet E)r- plaee is dead efided, then all of the pr-opefty abu#ing an ene side between on ifAer-seetiag
also includes dedieated ingress egress easements when used fer- the only means of aceess. See
Sec. 78-284 regarding application of "Frontage" to wall and fence placement on'corner lots. See
Sec. 46-73 and 46-74 regarding application of '�F
�ronta �e"to vehicle and equipment pankiny—on
comer lots in the R- I A, R- 1. R-2 and R-3 zoning districts.
Lotftontage means The. *-- A -int A- -f- a lot shall be eefistf ued to the portion of a lot nearest the streetl
also the front property line. Where a building has two sides that face two or more streets, the side
associated with the street address shall be designated as having lot frontage, or the fro
K
line. For- the pufpases of deteffnining yafd fequifemefits on raomer- lots and t4ough lots, all Si
of a lot adjaraent to st-veets he eensidered f+of4age, and-yffds shall be provided as indieated
ufider-:�wrds in this seration. See Sec. 78-284 regarding application of "Frontage" to wall and fence
placement on comer lots. See Sec. 46-73 and 46-74 regarding application of "Frontage" to vehicle
and equipment parking on comer lots in the R- IA R- 1, R-2 and R-3 zoning- districts.
Section 2: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article IX. Supplemental Regulations. Sec. 78-284. Walls and fences. by
providing cross reference to fencing requirements for commercial properties and residential
properties screening certain boats and other vehicles, and by providing clarification to the
application of wall and fence regulations to comer lots; providing that Sec. 78-284 shall hereafter
read as follows:
Sec. 78-284. - Walls and fences.
(a) 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
adjacent or nearest portion of the building front, regardless of the actual, allowed building
setback line, on any lot or parcel (see Fig. a), except for lots or parcels located along and
fronting upon County Club Drive, where walls not exceeding five feet in height may be
located forward of the front building line. Commercial property &butting- a residential
property shall comply with Village Code Sec. 78-403 regarding -walls and fences.
(b) If a wall or fence is erected or located on a comer lot (in which case -the building front shall
be considered to be the side of the building facing the right-of-way associated with the
property's street address), a vehicular and pedestrian visibili1y triangle (see Vi age Code
Sec. 78-303) shall be maintained for 25 feet in both directions from the point of inie�g
lot lines. The maximum height of any wall or fence within the visibility triangle, including
those on Count1y Club Drive, shall be two and one-half feet (see Fig. b .
(c) Fences and-wal-Is for the screening of boats, trailers, recreational vehicles and the like on
property in the R-lA, and R -I zoning -districts shall also comply with the requirements o
Village Code Chapter 46, Article 111. Division 2.
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eight feet in height. However, if a wall, fenee, or- living hedge iss eat-r-fac-4Ad A4: WeRtAd A4;
6OMer- 16t OF 4--Offtage 16t, a VehiOtdar- and pedestr4an visibility triangle of a size
a -ad difnension- ;OAH-i-eh eefnplies with the eurrent traffir. en ifieef:ifig sta-Hdafds of
Afnefiean Asseeia4ien of State Highway and Tr-anspeFtafion Of4eials (AAS144:0) a -Rd
eaettfAy shall be pr-evided for- in both dir-eetions ff em the inter-seeting peiflt Of pfepeft�' 1410s
The maximum height of any wall, fenee or hedge within the visibility triangle, as de
at seetion 78 303, shall be tNve and one half feet.
Netw4standing the abeve—, Entry features consisting of masonry columns not exceeding
six feet in height, with or without gates, are not deemed to be walls or fences and are
specifically allowed in the R- I A and R- I 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, must be set back a
minimum of ten feet from the edge of the road pavement or the lot side of any sidewalk,
must provide a minimum clear width of 12 feet for access by emergency vehicles, and shall
not be located in the village right-of-way. 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 required prior to the
commencement of construction.
Figure a.
Figure b.
Section 3: Chapter 46. Motor Vehicles and Traffic. of the Code of Ordinances of the
Village of Tequesta is hereby amended at Article 111. Parking, Stopping or Standing. Division 2,
Sec. 46-72, Sec. 46-73 and Sec. 46-74. by clarifying regulations regarding carports and enclosed
garages, by providing regulations for screening on comer lots, and by repealing the waiver
provision at Sec. 46-76; providing that Sec. 46-72, Sec. 46-73 and Sec. 46-76 shall hereafter read
as follows:
Sec. 46-72. - Parking of certain commercial vehicles and trucks prohibited in residential
areas.
(a) No commercial vehicles or trucks over three-quarters ton rated capacity may be parked on any
property or right-of-way within a residential area, subject to the exceptions listed below.
(b) For purposes of this division, residential areas include all areas within the R- I A, R:1
- �R-2
and R-3 and Mixed Use zoning -districts village other- than G 4, G 2, G 3, and Fr,,(*.
(c) This restriction shall not apply to the temporary, daytime parking of such vehicles on private
property in residential districts upon which construction is underway and for which a
current and valid building permit has been issued by the village and such permit is properly
displayed on the premises.
(d) This restriction shall not apply to routine deliveries by tradesmen or the use of commercial
vehicles or trucks in making service calls, providing that such time period is actually in the
course of business deliveries or servicing, as the case may be.
(e) This restriction shall not apply to the parking of emergency vehicles, provided that the time
parked is actually necessary for the emergency. Further, the restriction shall not apply to
volunteer emergency vehicles driven by residents of the village and parked on their
property.
(f) This restriction shall not apply to a situation where such vehicle becomes disabled and, as a
'result of such emergency, is required to be parked.."within a residential district for longer
than the time allowed in this section. However, any such vehicle shall be removed from the
residential district within 24 hours by wrecker towing, if necessary, regardless of the nature
of the emergency, and the cost of such towing shall be at the expense of the owner of the
vehicle.
IV
Sec. 46-73. - Parking of certain commercial vehicles, trucks and recreational vehicles in the
R-1, R 2 and R 3 districts.
Commercial vehicles, trucks and trailers of not over three-quarters ton rated capacity, and
recreational vehicles, parked on a lot containing a single-family residence in the R-1, R 2 and
R4 zoning districts within the village, shall be parked subject to the following conditions:
(1) The vehicles and equipment parked pursuant to this section must be owned by and used
primarily by a resident of the premises; provided, however, that a guest of the resident of
the premises may park a motor home in the driveway for not more than three consecutive
days in any 30 -day period. For the purpose of this subsection, any part of a 24-hour period,
measured from midnight to midnight, shall be considered as one day.
(2) (a) The location for such parked vehicles and equipment shall be in the rear yard or in the
side yard to the rear of a line established by the front building line adjacent to the side yard
where the equipment is located. On a corner lot, the building front shall be considered to
be the side of the- building facing the right-of-way associated with -the property's street
address. provided, however-, that surah equipment is Vehicles and eguipment -parked
pursuant to this section shall be fully screened on all four sides against direct view from
abutting properties as well as the street in ffent of the subject let as follows:
(b) Boats, and boats on trailers must be less than 33 feet in length as identified on the vessel
registration, and excluding items such a "T -tops," windshields, antennas and outriggers, no
higher than ten feet off the ground as measured from the adjacent grade. Such boats, or
boats on trailers shall be screened to six feet in height.
(c) Prior to parking/storing any boat that requires a State of Florida Vessel Registration, a no -
fee permit shall be obtained from the village. Any boat parked pursuant to this section prior
to the effective date of this permit requirement shall have 180 days from the effective date
of the ordinance from which this permit requirement is derived (April 14, 2016) to comply
and obtain the required permit.
(d) All other vehicles shall be screened to the top of the vehicle. Required screening shall be in
place immediately upon the commencement of parking of any such vehicle. If vegetation is
utilized for any portion of required screening, all such vegetation shall be supported with
landscape irrigation.
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(e) For the screening of boats on trailers; however, screening by use of vegetation shall be
deemed in compliance with this requirement if, within two weeks of the commencement of
parking of the boat on trailer, five gallon sized cocoplum (or equivalent), is planted in
sufficient quantity to form the required screening upon growth to maturity.
(3) Any of the vehicles or equipment described in this section may be parked in an enclosed
private garage or fail), ser-eeneEl a carport that is screened on all sid�j��e vehicle
entrance/exit; provided, however, that no portion of the vehicle or equipment shall
out of the vehicle entrance/exit in front of ex end beyand the roofline.
(4) The screening requirements set forth above shall apply only to vehicles that had not been
lawfully parked and screened prior to the adoption of the ordinance from which this code
was derived. Any vehicle which would otherwise be subject to the screening requirements
of this division, but which had been lawfully parked on the subject lot prior to the adoption
of the ordinance from which this code was derived (prior to July 10, 2014) in compliance
with prior screening regulations shall be subject to such prior regulations which generally
required such vehicles to be "effectively screened on three sides." A "grandfathered" vehicle
under this paragraph shall lose its "grandfathered" status in the event that it is not parked
pursuant to this section for 90 or more consecutive days.
(5) All vehicles and equipment parked pursuant to this section, and the area utilized for parking
shall be maintained in a clean, neat and presentable manner, and the vehicles and equipment
shall be in usable condition at all times.
(6) All vehicles and equipment parked pursuant to this section shall at all times have attached
a current vehicle registration and/or license plate as required by law, and if required, a
current inspection sticker.
(7) No major repairs or other work on any vehicles or equipment shall be made or performed
while such vehicles or equipment are parked pursuant to this section.
(8) Vehicles and equipment parked pursuant to this section shall not be used for living or
sleeping quarters or for housekeeping or storage purposes and shall not have attached
thereto any service connection lines, except as may periodically be required to maintain
such vehicles and equipment.
(9) No vehicle or piece of equipment parked pursuant to this section may be parked in the area
between the street lot line and the front of the building, which for a corner lot shall be the
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side of the building facing the right-of-way associated with the property's street address,
struewr-e or in the right-of-way adjacent to the subject lot; however, one such vehicle or
piece of equipment may be parked in the front driveway for a cumulative period not
exceeding four hours in any one 24-hour period.
(10) No more than two vehicles or pieces of equipment regulated by this section may be parked
on any one residential lot at any one time.
(11) The exceptions set forth in section 46-72 shall be applicable to the vehicles and equipment
parked pursuant to this section and shall not count toward the two vehicle limit.
(12) The provisions and conditions set forth in this section are not intended to regulate the
parking of vehicles only used for personal transportation and not used or intended to be
used for commercial purposes.
(13) In the case of doubt as to the proper classification of a specific vehicle under the terms of
this section, the determination by the state motor vehicle commission shall be controlling.
The body description and classification on the motor vehicle certificate of title shall be
prima facie evidence of such determination.
Sec. 46-74. - Parking of certain commercial vehicles and recreational vehicles in the R -1A
district.
Commercial vehicles, trucks and trailers of not over three-quarters ton rated capacity, and
recreational vehicles, parked on a lot containing a single-family residence in R- I A zoning district
within the village, shall be parked subject to the following conditions:
(1) The vehicles and equipment parked pursuant to this section must be owned by and used
primarily by a resident of the premises; provided, however, that a guest of the resident of
the premises may park a motor home in the front driveway for not more than three
consecutive days in any 30 -day period. For the purpose of this. subsection, any part of a 24-
hour period, measured from midnight to midnight, shall be considered as one day.
(2) (a) The location for such parked vehicles and equipment shall be in the rear yard or in the
side yard to the rear of a line established by the front building line adjacent to the side yard
where the equipment is located. On a corner lot, the buildin front shall be considered to
be the side of the building facing the rightaQf-way associated with -the property's street
address. pr-evided, however, thM stieh equipment is Vehicles and equipment parked
M
pursuant to this section shall be fully screened on all four sides so as not to be visible from
abutting properties, any roadway, waterway, or golf course, as follows:
(b) Boats, and boats on trailers must be less than 33 feet in length as identified on the vessel
registration, and excluding items such a "T -tops," windshields, antennas and outriggers, no
higher than ten feet off the ground as measured from the adjacent grade. Such boats, or
boats on trailers shall be screened to six feet in height.
(c) Prior to parking/storing any boat that requires a State of Florida Vessel Registration, a no -
fee permit shall be obtained from the village. Any boat parked pursuant to this section prior
to the effective date of this permit requirement shall have 180 days from the effective date
of the ordinance from which this permit requirement is derived (March 10, 2016) to comply
and obtain the required permit.
(d) All other vehicles shall be screened to the top of the vehicle. Required screening shall be in
place immediately upon the commencement of parking of any such vehicle. If vegetation is
utilized for any portion of required screening, all such vegetation shall be supported with
landscape irrigation.
(e) For the screening of boats on trailers; however, screening by use of vegetation shall be
deemed in compliance with this requirement if, within two weeks of the commencement of
parking of the boat on trailer, five gallon sized cocoplurn (or equivalent), is planted in
sufficient quantity to form the required screening upon growth to maturity.
(3) Any of the vehicles or equipment described in this section may be parked in an enclosed
private garage; provided, however, that no portion of the vehicle or equipment shall
protrude out of the garage door opening in front of exrwad beyend the roofline.
(4) The screening requirements set forth above shall apply only to vehicles that had not been
lawfully parked and screened prior to the adoption of the ordinance from which this code
was derived. Any vehicle which would otherwise be subject to the screening requirements
of this division, but which had been lawfully parked on the subject lot prior to the adoption
of the ordinance from which this code was derived (prior to July 10, 2014) in compliance
with prior screening regulations shall be subject to such prior regulations which generally
required such vehicles to be "effectively screened on three sides." A "grandfathered" vehicle
under this paragraph shall lose its "grandfathered" status in the event that it is not parked
pursuant to this section for 90 or more consecutive days.
10
(5) All vehicles and equipment parked pursuant to this section, and the area utilized for parking
shall be maintained in a clean, neat and presentable manner, and the vehicles and equipment
shall be in usable condition at all times.
(6) All vehicles and equipment parked pursuant to this section shall at all times have attached
a current vehicle registration and/or license plate as required by law, and if required, a
current inspection sticker.
(7) No major repairs or other work on any vehicles or equipment shall be made or performed
while such vehicles or equipment are parked pursuant to this section.
(8) Vehicles and equipment parked pursuant to this section shall not be used for living or
sleeping quarters or for housekeeping or storage purposes and shall not have attached
thereto any service connection lines, except as may periodically be required to maintain
such vehicles and equipment.
(9) No vehicle or piece of equipment parked pursuant to this section may be parked in the area
between the street lot line and the front of the building, which for a comer lot shall be the
side of the building facing the right-of-way associated with the properly's street a=ddress
struettife or in the right-of-way adjacent to the subject lot; however, one such vehicle or
piece of equipment may be parked in the front driveway for a cumulative period not
exceeding four hours in any one 24-hour period.
(10) No more than two vehicles or pieces of equipment regulated by this section may be parked
on any one residential lot at any one time.
(11) The exceptions set forth in section 46-72 shall be applicable to the vehicles and equipment
parked pursuant to this section and shall not count toward the two vehicle limit.
(12) The provisions and conditions set forth in this section are not intended to regulate the
parking of vehicles only used for personal transportation and not used or intended to be
used for commercial purposes
(13) In the case of doubt as to the proper classification of a specific vehicle under the terms of
this section, the determination by the state motor vehicle commission shall be controlling.
The body description and classification on the motor vehicle certificate of title shall be
prima facie evidence of such determination.
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Sec. 46-76. — Reserved Waiver -s.
Any paft Aer thia. i,AAAIe of this divisien may be waived by t4e village eeafteil on the filing of a
wr-iaeft applioation fef: stieh aetion set4ifig fefth the masens fer- the r-equest. Sueh applioation
-ru. WHIM -1 N iF'ra 2 rugg z -
DP-9WAIMIM.'r. .— ------- —
Section 4: Each and every other Section and Subsection of Chapter 46. Motor
Vehicles and Traffic., and Chapter 78. Zoning., shall remain in full force and effect as previously
adopted.
Section 5: All ordinances or parts of ordinances in conflict be and the same are
hereby repealed.
Section 6: 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.
Section 7: Specific authority is hereby granted to codify this Ordinance.
Section 8: This Ordinance shall take effect immediately upon passage.
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