HomeMy WebLinkAboutDocumentation_Regular_Tab 12_3/11/2021Agenda Item #12.
Regular Council
STAFF MEMO
Meeting: Regular Council -Mar 11 2021
Staff Contact: Nilsa Zacarias, Director of
Community Development
Department: Community Development
ORDINANCE NO. 02-21, SECOND READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING. BY AMENDING
SECTIONS 78-4, 78-296, 78-2997 AND 78-335 TO PROVIDE FOR INTERNAL CONSISTENCY AND
PROPER INTRA-CODE CROSS REFERENCING; PROVIDING THAT EACH AND EVERY OTHER
SECTION AND SUBSECTION 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.
ORDINANCE NO. 02-21
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA,
AMENDING CHAPTER 78. ZONING. BY AMENDING SECTIONS 78-4, 78-296, 78-2997 AND 78-335
TO PROVIDE FOR INTERNAL CONSISTENCY AND PROPER INTRA-CODE CROSS
REFERENCING; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION 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.
F.1, T rK, rorm T M 7 kq =
ORDIANCE 02-21 - Consistency
Page 109 of 184
Agenda Item #12.
ORDINANCE NO. 02-21
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING. BY
AMENDING SECTIONS 78-4, 78-2969 78-299, AND 78-335 TO PROVIDE
FOR INTERNAL CONSISTENCY AND PROPER INTRA-CODE CROSS
REFERENCING; PROVIDING THAT EACH AND EVERY OTHER
SECTION AND SUBSECTION 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, as part of a periodic update of the Village of Tequesta Code of Ordinances,
certain inconsistent, incomplete or erroneous definitions, terms, and code references have been
identified in various parts of the Village's Zoning Code which require updating to ensure internal
consistency and accurate cross-referencing within the Village of Tequesta Code of Ordinances;
and
WHEREAS, the Village Council desires to adopt such revisions to the Village's Zoning
Code to ensure internal consistency and cross referencing; and
WHEREAS, the Village Council believes the code amendments contained in this
ordinance will be in the best interests of the citizens 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 I. In General. by amending Section 78-4. Definitions. to provide for
consistency between the definitions for `places of assembly' and `professional services' and their
respective regulations; providing that Section 78-4 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
1
Page 110 of 184
Agenda Item #12.
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.
Place of assembly means a building, portion of a building or other site in or at which
facilities are provided for civic, fraternal, educational, political, religious, cultural or social
purposes. As set forth more fully in article VI, schedule of district regulations, division 2,
schedule of use regulations, places of assembly are generally permissible throughout the village
pursuant to the following table:
Places ofAssemhly Table
Use
Building
R/
R-1 A
R-1
R-2
R-3
C-1
C-2
C-3
MU
Capacity
Sq. Ft.
OP
A
Places of
Max. 750 sq. ft.
SE
SE
P
P
P 1
P 1
P 1
P 1
�
assembly
P 2
Places of
Max. 1, 5 00 sq. ft.
SE
SE
SE
SE
SE 1
P 1
P 1
P 1
SE
assembly
P 2
C
Places of
Min. 1,515 sq. ft.
SE
SE
SE
SE
SE 1
SE 1
SE 1
SE 1
�
assembly
P 2
P Permitted uses. SE Special exception uses.
Notes:
1 Place of assembly shall be within a separate, freestanding building in C-1, C-2, C-3 and
MU zoning districts.
2 All permitted uses in the R/OP zoning district are subject to special exception review as
required by Sec. 78-179(dl.
Professional service means the conduct of business in any of the following related
categories: architectural, engineering, planning, law,
me�c:41 cir aP-:MtA1 .��;,.���, music, art, interior design, , accounting, insurance, real
estate, finance and securities investments and any similar type business. This definition does not
include veterinary offices, health care facilities, or medical or dental offices.
2
Page 111 of 184
Agenda Item #12.
[All other definitions shall remain the same as previously adopted.]
Section 2: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article IX. Supplemental Regulations. Division 1. Generally. by amending
Section 78-296. Full -service fuel stations or gas stations. to provide for internal consistency
among existing regulations and uses within the MU zoning district; providing that Section 78-
296 shall hereafter read as follows:
Sec. 78-296. - Full -service fuel stations or gas stations.
No full -service fuel station or gas station shall be erected within the village unless the
station is located fronting along U.S. Highway 1 in the MU and C-2 zoning districts or is located
within the C-3 zoning district.
Section 3: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article IX. Supplemental Regulations. Division 1. Generally. by amending
Section 78-299. Location and screening of emergency generators, air conditioners, pool
equipment and similar mechanical equipment. to provide for internal consistency among existing
height requirements for screened areas; providing that these sections shall hereafter read as
follows:
Sec. 78-299. -Location and screening of emergency generators, air conditioners, pool
equipment and similar mechanical equipment.
(a) (b) [These subsections shall remain in full force and effect as previously
enacted.]
(c) Regulations.
(1) Emergency generators, air conditioning equipment, pool equipment and
similar
mechanical equipment shall not be located in any front yard area or any
closer than five feet from any side or rear lot line.
(2) All emergency generators, air conditioning equipment, pool equipment and
similar mechanical equipment shall be screened from public view, from
public streets, and from abutting properties.
(3) Screening shall be opaque in nature and be constructed in conformity with
3
Page 112 of 184
Agenda Item #12.
material approved by the Florida Building Code, or shall be composed of
vegetation that does not violate the village's landscaping code at division 4 of
this article.
(4) Buffering shall be of a material that blends in with the architecture of the
building, and/or landscaping of the site, when possible. Screening may not
exceed six feet in height 4L.PiVe f e*LLigh. The height of the equipment may not
protrude above the screening. Equipment that exceeds six €feet in height
must comply with the setback requirements for accessory structures set forth
at section 78-143.
(5) The regulations in this section cover all existing and future development
within
the village. In the case of new development, the location of the equipment
shall be shown on the approved site plan.
(6) All existing nonconforming equipment in the village on the date of the
passage
of Ordinance No. 14-12 shall be deemed to be in compliance with this
section.
(7) Appeals of the decisions of the village staff concerning these matters may be
implemented by the appeal process to the planning and zoning board as
described in this chapter.
(d) [This subsection shall remain in full force and effect as previously enacted.]
Section 4: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article IX. Supplemental Regulations. Division 2. Site Plan Review. by
amending Section 78-335. Reviewing authority. to correct scrivener's errors as necessary;
providing that Section 78-335 shall hereafter read as follows:
See. 78-335. - Reviewing authority.
Development applications, unless otherwise provided by this chapter, shall be initially
reviewed by the planning and zoning board at a public meeting. The planning and zoning board
shall review and make a final determination on all applications over which it has final
jurisdiction in accordance with the provision of section 22-53. The planning and zoning board
shall make an advisory recommendation to the village council on applications over which the
M
Page 113 of 184
Agenda Item #12.
board does not have final jurisdiction. The village council shall review all applications over
which it has final jurisdiction and decision -making authority in accordance with provisions of
section 22-53.
(1) (2) [These subsections shall remain in full force and effect as previously enacted.]
(3) Applications requiring administrative review by the community development
director only include:
(a) All wall signs.
(b) Proposed new free standing signs not part of a site plan review application.
+„�r;,,,,,.., ,,,a„-,o„�� an,o,� �;�v ,.�,,,,� .,,,,a � •.,�
(c) ro o,,�;,,r�. Minor
VX
amendments to a site plan or special exception that were was previously
approved by the village council maybe approved by the director of the
community development department in consultation with other village
staff, as appropriate. The following types of amendments are not
considered to be minor, and therefore are subject to review by the village's
planning and zoning board and/or the village council pursuant to section
22-53:
1. 6. [These subparagraphs shall remain in full force and effect as
previously enacted.]
Section 5: Each and every other section and subsection of Chapter 78. Zoning. shall
remain in full force and effect as previously enacted.
Section 6: All Ordinances or parts of Ordinances in conflict herewith be and the same
are hereby repealed.
Section 7: 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 8: Specific authority is hereby granted to codify this Ordinance.
Section 9: This Ordinance shall become effective immediately upon passage.
5
Page 114 of 184