HomeMy WebLinkAboutDocumentation_Regular_Tab 13_10/10/2019 Agenda Item #13.
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Meeting: Regular Council - Oct 10 2019
Staff Contact: Keith Davis, Village Attorney Department: Legal
TITLE
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.
SUMMARY:
Revised Ordinance 23-19. Revisions add additional regulations based on Council discussion from
September 30, 2019 Workshop meeting.
POTENTIAL MOTION / DIRECTION REQUESTED:
Approve Ordinance 23-19 as revised on First Reading.
ATTACHMENTS:
Outdoor retail display revisions
Page 292 of 414
Agenda Item #13.
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
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Page 293 of 414
Agenda Item #13.
conditions; providing that this section shall hereafter read as
follows:
Sec. 78-745.- 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),
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 six (6) linear feet in length
and three (3) linear feet in depth per shop or storefront and
which does not interfere with accessibility requirements or safe
pedestrian passage in front thereof, and which maintains a
minimum of five (5) feet of sidewalk width, which may contain
an outdoor display of merchandise on a rolling rack that does
not exceed five (5) feet in height (e.g. a clothing sale rack) and
that is placed parallel to the storefront during the hours when
the associated store is open for business, and which can be
placed safely indoors when the associated store is closed or in
the event of inclement weather. Hanging displays, flags, wind
driven or motion devices, and vehicles are prohibited. Bulk
items that obstruct the view past the display are prohibited.
Signage that would otherwise be routinely displayed on a
business sign not associated with an outdoor merchandise
display is prohibited. All outdoor merchandise displays shall be
kept in a neat, orderly condition at all times, conducive to
creating a top-quality shopping environment. No outdoor
merchandise display may contain obscene, indecent or immoral
matter. . - - . - - •-• •- . • - - - - - - - . . -
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Page 294 of 414
Agenda Item #13.
in the best interests of the health, safety and welfare of the
citizens 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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