HomeMy WebLinkAboutDocumentation_Regular_Tab 14_8/8/2019Agenda Item #14.
Regular Council
STAFF MEMO y
Meeting: Regular Council - Aug 08 2019
Staff Contact: Keith Davis, Village Attorney Department: Legal
ORDINANCE 23-19, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT
CHAPTER 78. ZONING. SEC. 78-745. PROHIBITIONS IN ALL ZONING DISTRICTS. BY
ALLOWING RETAIL USES TO HAVE ONE OUTDOOR DISPLAY OF MERCHANDISE UNDER
CERTAIN CONDITIONS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND
SUBSECTION OF CHAPTER 78 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.
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ORDINANCE 23-19, FIRST READING, Revising Village Code to allow retail outdoor merchandise
displays under certain conditions.
Recommend approve Ordinance 23-19 on first reading.
Outdoor retail display revisions
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Agenda Item #14.
ORDINANCE NO.23-19
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 78. ZONING. SEC. 78-745.
PROHIBITIONS IN ALL ZONING DISTRICTS. BY ALLOWING
RETAIL USES TO HAVE ONE OUTDOOR DISPLAY OF
MERCHANDISE UNDER CERTAIN CONDITIONS; PROVIDING THAT
EACH AND EVERY OTHER SECTION AND SUBSECTION OF
CHAPTER 78 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 allow retail uses
within the Village to have the ability to use outdoor merchandise displays under certain
circumstances; and
WHEREAS, the Village Council believes the provision of outdoor merchandise displays
as regulated by this ordinance 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 Sec. 78-745. Prohibitions in all zoning districts. by allowing retail uses to
have one outdoor display of merchandise under certain conditions; providing that this section
shall hereafter read as follows:
Sec. 78-74S. - Prohibitions in all zoning districts.
o (a) through (g) [These subsections shall remain in full force and effect as previously adopted.]
(h) Outdoor merchandising displays. No outdoor merchandising displays, outdoor placement
of sample goods or merchandising material, banners, feather or flutter flags, or outdoor
portable signs or advertising displays shall be permitted, except fer, upon a determination
that the proposed display will be in the best interests of the health, safety and welfare of the
citizens of the village, as follows:
i_ Sandwich boards which are permitted pursuant to subsection 78-742(n),
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Agenda Item #14.
ii. Signs that are approved in conjunction with a special event permit,
iii. er Signs that are approved by the village manager for up to 45 days in conjunction
with new business openings ^and
iv. One area not to exceed 20 linear feet per shop or storefront and which does not
interfere with accessibility requirements or safe pedestrian passage, in front thereofwhich
may contain an outdoor display of merchandise during the hours when the associated store
is open for business with such merchandise being contained on a rack or other container
customarily used for such purpose, and which can be placed safely indoors when the
associated store is closed or in the event of inclement weather. upon a .determination +" ,+
the proposed display will be in the best interests of the health, safety and welfare of the
citizen of the village
Nothing in this part shall be construed to prohibit the placement of decorations or
accessories along a storefront or other adjacent area for the purpose of aesthetics and
appearance, so long as such pieces do not interfere with sidewalk access by pedestrians or
violate applicable building code or fire code accessibility requirements as determined by the
Building Official and the Fire Marshal.
(i) through (s) [These subsections shall remain in full force and effect as previously adopted.]
Section 2: Each and every other Section and Subsection of Chapter 78. Zoning, shall
remain in full force and effect as previously adopted.
Section 3: All ordinances or parts of ordinances in conflict be and the same are
hereby repealed.
Section 4: 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 5: Specific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance shall take effect immediately upon passage.
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