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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. 78-745. - Prohibitions in all zoning districts.
(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 fec, upon a determination
that the •ro•osed dis•la will be in the best interests of the health safet 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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ii. Signs that are approved in conjunction with a special event permit,
of 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 len:th and three 3 linear feet in death
per shop or storefront and which does not interfere with accessibilit re•uirements or safe
pedestrian passage in front thereof, and which maintains a minimum of five (5) feet of
sidewalk width which ma contain an outdoor dis•la of merchandise on a rollin: rack that
does not exceed five 5 feet in hei:ht e.:. a clothin: sale rack and that is 'laced •arallel 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. Han:in: dis•la s fla:s wind driven or motion devices and vehicles are •rohibited.
Bulk items that obstruct the view past the display are prohibited. Si•na•e that would
otherwise be routinel dis•Ia ed on a business si:n not associated with an outdoor
merchandise dis•la is •rohibited. All outdoor merchandise dis•la s shall be keit in a neat
orderly condition at all times, conducive to creatin• a top-quality shoppin• environment. No
outdoor merchandise display may contain obscene, indecent or immoral matter. 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.
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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