HomeMy WebLinkAboutOrdinance_03-21_3/11/2021ORDINANCE NO.03-21
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.
AT SECTION 78-4. DEFINITIONS. TO CREATE AN ENTIRELY NEW
DEFINITION FOR THE TERM RESTAURANT, SPECIALTY, AT
ARTICLE VI. SCHEDULE OF DISTRICT REGULATIONS. AT SECTION
78-176. C-1 NEIGHBORHOOD COMMERCIAL DISTRICT., SECTION
78-177. C-2 NEIGHBORHOOD COMMERCIAL DISTRICT. AND
SECTION 78-178. C-3 NEIGHBORHOOD COMMERCIAL DISTRICT. TO
ADD RESTAURANT, SPECIALTY TO THE LIST OF PERMITTED USES,
AND AT SECTION 78-180. MU MIXED -USE DISTRICT. TO ADD
RESTAURANT, SPECIALTY TO THE LIST OF PERMITTED USES AND
SHOPPING CENTER TO THE LIST OF SPECIAL EXCEPTION USES
AND TO PROVIDE FOR CONSISTENCY BETWEEN MU DISTRICT
REGULATIONS AND EXISTING USES WITHIN THE ZONING
DISTRICT, AND AT ARTICLE X. OFF-STREET AND ON -STREET
PARKING AND LOADING REGULATIONS. AT SECTION 78-705.
REQUIRED NUMBER OF PARKING SPACES. TO PROVIDE THE
NUMBER OF PARKING SPACES REQUIRED FOR THESE
ESTABLISHMENTS; 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, the Village of Tequesta Code of Ordinances currently defines and provides
regulations for retail food establishments which include restaurant, fast food restaurant, drive-in
restaurant and carryout restaurant; and
WHEREAS, current definitions do not adequately capture and regulate specialty
restaurants such as gelato, ice cream, and coffee shops and other similarly operated establishments;
and
WHEREAS, the Village Council desires to expressly define and provide regulations for
these types of specialty restaurants and add specialty restaurants as permitted used in select zoning
districts; and
WHEREAS, shopping centers are not currently an approved use in the mixed use (MU)
Zoning District; and
WHEREAS, the Village Council desires to add shopping centers as special exception uses
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in the W Zoning District; and
WHEREAS, the Village Council finds that the adoption of these regulations is in the best
interests of the Village of Tequesta, and will generally promote the public health, safety, and
welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
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 create an
entirely new definition for the term `restaurant, specialty'; 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 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.
Retail food establishment means any fixed or mobile place or facility at or in which food
or beverage is offered or prepared for retail sale or for service. The definition includes restaurants,
fast food restaurants, carryout restaurants and drive-in restaurants. A cafeteria shall be deemed a
restaurant for purposes of this chapter.
(1)-(4) [These subsections shall remain in full force and effect as previously enacted.]
(5) Restaurant, specialty means an establishment that sells a limited variety of food and
beverages that generally are prepared to order and consumed on premises and are typified by ice
cream shops health food shops coffee shops doughnut and bakery shops delicatessens and
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similar tvpes of establishments.
[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 VI. Schedule of District Regulations. by amending Section 78-176. C-1
neighborhood commercial district. to add restaurant, specialty as a permitted use in the C-1 zoning
district; providing that Section 78-176 shall hereafter read as follows:
Sec. 78-176. - C-1 neighborhood commercial district.
(a) Purpose. It is the purpose and intent of the C-1 neighborhood commercial district to provide
lands within the village as depicted on the official zoning map for limited retail sales and
business service activities primarily designed to serve residential neighborhoods of the
village. The district is not intended for use by major or large scale commercial or service
concerns. Professional and business offices and service establishments and uses that
specifically address the needs of surrounding residents are encouraged. Orientation to and
compatibility with neighborhoods to be served are critical.
(b) Permitted uses. Permitted uses in the C-1 district are as follows:
(1) Retail sales and services, excluding retail package liquors.
(2) Business services.
(3) Health care facility or medical or dental office; professional office; professional
services.
(4) Personal services.
(5) Restaurants, excluding fast food restaurants, drive-in restaurants and carryout
restaurants.
6) Restaurant. specialty.
(76) Libraries, art galleries and museums.
(8-7) Wireless telecommunication towers and antennas located on village owned property,
pursuant to article IX, division 5.
(9$) Places of assembly (750 square feet or less), subject to the following conditions:
a. All presentations and events shall be conducted entirely within a building.
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b. Allowed accessory uses are: preschool and school facilities; assembly halls,
sanctuaries or similar meeting rooms; community centers or fellowship halls;
administrative offices related to the facility; gift shops for merchandise related to
the facility; playgrounds and athletic fields.
(c)-(e) [These subsections shall remain in full force and effect as previously enacted.]
Section 3: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is
hereby amended at Article VI. Schedule of District Regulations. by amending Section 78-177. C-2
neighborhood commercial district. to add restaurant, specialty as a permitted use in the C-2 zoning
district; providing that Section 78-177 shall hereafter read as follows:
Sec. 78-177. - C-2 community commercial district.
(a) Purpose. It is the purpose and intent of the C-2 community commercial district to provide
lands within the village as depicted on the official zoning map for the development of
commercial activities with a location convenient to U.S. Highway 1 automotive traffic.
This district will serve the community at large and provide a mixture of convenience
goods and services that offers a greater variety of uses than permitted at neighborhood
level.
(b) Permitted uses. Permitted uses in the C-2 district are as follows:
(1) Retail sales and services, excluding retail package liquors (which are addressed
below).
(2) Business services.
(3) Health care facility or medical or dental office; professional office; professional
services.
(4) Personal services.
(5) Restaurants, excluding fast food restaurants, drive-in restaurants and carryout
restaurants.
61 Restaurant. specialty.
(16) Bakery.
(8-7) Dry cleaning and laundry establishments, including laundromats.
(29) Places of assembly (1,500 square feet or less), subject to the following conditions:
a. All presentations and events shall be conducted entirely within a building.
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b. Allowed accessory uses are: preschool and school facilities; assembly halls,
sanctuaries or similar meeting rooms; community centers or fellowship halls;
administrative offices related to the facility; gift shops for merchandise related to
the facility; playgrounds and athletic fields.
(103) Retail package liquors. However, such uses must be located in accordance with the
following regulations:
a. No retail package liquor use may be located within a 2,000 foot radius of another
retail package liquor use. The 2,000 feet shall be measured in a straight line from
main entrance door to main entrance door.
b. No more than one retail package liquor use may be located in any one shopping
center in this zoning district.
c. Hours of operation for retail package liquor uses shall conform to hours of
operation for alcoholic beverage establishments as set forth in section 6-1 of the
code of ordinances.
1149) Wireless telecommunication towers and antennas located on village owned
property, pursuant to article IX, division 5.
(c)-(f) [These subsections 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 VI. Schedule of District Regulations. by amending Section 78-178. C-3
neighborhood commercial district. to add restaurant, specialty as a permitted use in the C-3 zoning
district; providing that Section 78-178 shall hereafter read as follows:
Sec. 78-178. - C-3 general commercial district.
(a) Purpose. It is the purpose and intent of the C-3 general commercial district to provide
lands within the village as depicted on the official zoning map and thereby encourage the
development of a general variety of commercial uses which provide a wide range of
goods and services.
(b) Permitted uses. Permitted uses in the C-3 district are as follows:
(1) Retail sales and services.
(2) Business services.
(3) Health care facility or medical or dental office; professional office; professional
services.
(4) Personal services.
(5) Retail package liquors, lounges and bars.
(6) Restaurants, excluding fast food restaurants, drive-in restaurants and carryout
restaurants.
(7) Restaurant. specialty.
(F) Nurseries.
(P) Florists.
(949) Printing establishments.
1044) Carwash.
114-2) Bakery.
1243) Automotive repair establishments.
134-4) Dry cleaning and laundry establishments, including laundromats.
(144-5) Wholesale establishments.
(154-6) General service and repair establishments.
(1647) Wireless telecommunication towers and antennas located on village owned
property, pursuant to article IX, division 5.
(1749) Motor vehicle dealers, subject to the following conditions:
(a)-(x) [These subsections shall remain in full force and effect as previously enacted.]
Q843) Places of assembly (1,500 square feet or less), subject to the following conditions:
(a)-(b) [These subsections shall remain in full force and effect as previously enacted.]
192-9) Veterinary office.
20=24) Medical marijuana treatment centers, subject to the following requirements:
(a)-(e) [These subsections shall remain in full force and effect as previously enacted.]
(c)-(e) [These subsections shall remain in full force and effect as previously enacted.]
Section 5: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is
hereby amended at Article VI. Schedule of District Regulations. by amending Section 78-180. MU
mixed -use district. to add restaurant, specialty as a permitted use and shopping center as a special
exception use in the MU zoning district and to provide for consistency between MU district
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regulations and existing uses within the zoning district; providing that Section 78-180 shall
hereafter read as follows:
Sec. 78-180. - MU mixed -use district.
(a)-(g) [These subsections shall remain in full force and effect as previously enacted.]
(h) Permitted uses. Permitted uses in the mixed -use district are as follows:
(1) Single-family dwellings.
(2) Two-family dwellings.
(3) Multiple -family dwellings.
(4) Small-scale retail sales and service, excluding retail package liquors. A maximum
5,000 square feet of gross leasable area is allowed for each tenant area or individually
owned unit.
(5) Business services. A maximum 5,000 square feet of gross leasable area is allowed for
each tenant area or individually owned unit.
(6) Health care facility or medical or dental office; professional office; professional
services. A maximum 5,000 square feet of gross leasable area is allowed for each
tenant area or individually owned unit.
(7) Personal services. A maximum 5,000 square feet of gross leasable area is allowed for
each tenant area or individually owned unit.
(8) Bakeries. A maximum 5,000 square feet of gross leasable area is allowed for each
tenant area or individually owned unit.
(9) Recreation/open space.
(10) Restaurants (including carryout and specialty). A maximum 5,000 square feet of
gross leasable area is allowed for each tenant area or individually owned unit.
(11) Places of assembly (1,500 square feet or less), subject to the following conditions:
a. All presentations and events shall be conducted entirely within a building.
b. Allowed accessory uses are: preschool and school facilities; assembly halls,
sanctuaries or similar meeting rooms; community centers or fellowship halls;
administrative offices related to the facility; gift shops for merchandise related to
the facility; playgrounds and athletic fields; and rectory or similar residence for
facility officials or on -site caretakers, limited to one dwelling unit.
(i) Special exception uses. Special exception uses in the mixed -use district are as follows:
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(1) — (16) [These paragraphs shall remain in full force and effect as previously enacted.]
17 Shopping center.
(j) - (k) [These subsections shall remain in full force and effect as previously enacted.]
(1) Prohibited uses. The following uses are prohibited in the mixed -use district:
(1) Wholesale.
(2) Warehouses.
(3) Carwash (that is not an accessory use).
(4) Motel.
(5) Motor vehicle dealer.
(6) Pawnshop.
(7) Full -service fuel station/gasoline service station (not fronting U.S. Hiahwav
D.
(8) Flea markets, indoor or outdoor.
(9) Automobile repair establishments, including garages and body shops.
(10) Kennels or veterinary offices.
(11) Any other use or structure not specifically or by reasonable implication permitted
in this section as a permitted use, special exception use or accessory use.
(m) [This subsection shall remain in full force and effect as previously enacted.]
Section 6: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is
hereby amended at Article X. Off -Street and On -Street Parking and Loading Regulations. by
amending Section 78-705. Required number of parking spaces. to provide the number of parking
spaces requirements for restaurant, specialty; providing that Section 78-705 shall hereafter read as
follows:
Sec. 78-705. - Required number of parking spaces.
Certain of these requirements may be in conflict with the special parking requirements set
forth in the property development standards for use within the MU mixed -use district. Where a
conflict exists, the property development standards of the MU district shall apply. There shall be
provided at the time of the erection of any main building or structure, or at the time that any main
building or structure is enlarged by more than 25 percent of the square footage of the existing
building or structure, or increased in capacity by adding dwelling units, guestrooms, floor area or
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seats, minimum off-street motor vehicle parking space with adequate provisions for ingress and
egress by a motor vehicle, in accordance with the following:
(1)-(28) [These subsections shall remain in full force and effect as previously enacted.]
(29) Restaurant (specialty): One space per three seating accommodations or one space per
100 square feet of gross floor area, whichever is greater_ including permitted outdoor
seating areas.
Q029) Restaurants (standard): One space per three seating accommodations, or one space
per 100 square feet of gross floor area, whichever is greater, including permitted outdoor
seating areas.
(LI30) Schools:
a. Senior high, college and university: Two spaces per three teachers and employees
normally engaged in or about the building or grounds, plus one space per five
students, or one space for each 150 square feet of seating area, including aisles, in any
auditorium, gymnasium or cafeteria intended to be used as an auditorium, whichever
is greater.
b. Elementary and junior high: Three spaces per room used for administrative offices,
plus one space per room used for class instruction, plus one space for each six seats in
the auditorium and other places of assembly or facilities available to the public.
c. Trade and vocational: Five spaces per room used for administrative offices, plus one
space per room used for class instruction, plus one space for each five seats in the
auditorium and other places of assembly or facilities available to the public.
d. Day nursery, kindergarten, preschool, and day care center: Two parking spaces per
three teachers and employees normally engaged in or about the building or grounds,
plus one off-street loading space per eight pupils.
(32-34-) Shopping centers: One space per 250 square feet of gross leasable area (GLA).
(3332) Veterinary office: One space per 300 square feet of gross floor area.
Q=4=3-3) Wholesale establishments: One space per 100 square feet of customer area plus one
space per 400 square feet of noncustomer area.
Q534) Uses not specifically mentioned: For any use not specifically mentioned, off-street
parking requirements for a use which is mentioned and to which the such use is similar
shall apply.
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(363-:5) Mixed uses: In the case of mixed uses (exclusive of shopping centers), the total
requirement for off-street parking shall be the sum of the requirements of the various uses
computed separately.
Section 7: Each and every other section and subsection of Chapter 54. Offenses. shall
remain in full force and effect as previously adopted.
Section 8: All ordinances or parts of ordinances in conflict be and the same are hereby
repealed.
Section 9: 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 10: Specific authority is hereby granted to codify this Ordinance.
Section 11: This Ordinance shall take effect immediately upon adoption.
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ORDINANCE Date
03-21 3-11-2021
Upon Second Reading
Motion Council Member Frank D'Ambra Second Council Member Laurie Brandon
FOR
AGAINST
ABSENT
CONFLICT
Mayor Abigail Brennan
1:1
n
El
Vice -Mayor Kyle Stone
®x
n
n
Council Member Laurie Brandon
®x
n
Council Member Frank D'Ambra
®x
n
Council Member Bruce Prince
®x
The Mayor thereupon declared the Ordinance duly passed and adopted.
MAYOR OF TEQUESTA:
ATTEST:
Lori McWilliams, MMC
Village Clerk