HomeMy WebLinkAboutDocumentation_Regular_Tab 09_8/12/2021Agenda Item #9.
Regular Council
STAFF MEMO
Meeting: Regular Council - Aug 12 2021
Staff Contact: Keith Davis, Village Attorney Department: Legal
ORDINANCE NO. 11-21, SECOND READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT
CHAPTER 78. ZONING. ARTICLE XI. SIGNS. SEC. 78-742. EXEMPTIONS. TO REVISE
REGULATIONS FOR SANDWICH BOARD PLACEMENT; 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.
The proposed ordinance would amend Village Code regarding sandwich board type sign use
throughout the Village. The Local Planning Agency reviewed the ordinance at its June 17, 2021
meeting and recommends approval.
This document and any attachments may be reproduced upon request in an alternative format by completing
our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-0443.
Sandwich Board Sqn Revisions First Reading July 8, 2021
Page 110 of 475
Agenda Item #9.
First Reading July 8, 2021
ORDINANCE NO. 11-21
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 78. ZONING. ARTICLE XI. SIGNS. SEC.
78-742. EXEMPTIONS. TO REVISE REGULATIONS FOR SANDWICH
BOARD PLACEMENT; 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 Council of the Village of Tequesta recently adopted
comprehensive revisions to its sign ordinance; and
WHEREAS, the regulations regarding placement of sandwich board signs
contained in said revisions have been determined to be too restrictive, prompting
additional discussion and review by the Village Council; and
WHERREAS, the Village Council, after receiving input from local businesses that
utilize sandwich board signs and thoroughly discussing and debating the matter, now
desires to revise the placement regulations for sandwich board signs as set forth in this
ordinance, in the best interest of the Village, its businesses, residents and visitors.
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 Sec. 78-742. Exemptions. To revise placement
regulations for sandwich board signs; providing that Sec. 78-742 shall hereafter read as
follows:
Sec. 78-742. - Exemptions.
o The following signs shall be exempt from the permitting requirements set forth in
this article, provided they are not placed or constructed so as to create a hazard of
any kind and comply with all other applicable requirements set forth in this
chapter:
Page 111 of 475
Agenda Item #9.
First Reading July 8, 2021
[Subsections (a) through (k) shall remain in full force and effect as
previously adopted]
(1) One sandwich board sign, no larger than 36 inches tall by 24 inches wide,
located on the business' property and uardy'are tithe "mess sto; efrent and no
further than five feet from the building in which the business is located h-J;
on+ G9, which does not interfere with sidewalk access by pedestrians or violate
building code accessibility requirements. All such signs shall be removed at the
end of each business day and stored indoors. The placement of any such sign is
at the business and property owner's risk; and they shall jointly and severally t#e
ewnefr sh.All defend, indemnify, and hold harmless the village from any and all
liability associated with the placement of such sign on or adjacent to a sidewalk or
other pedestrian or public way. The village shall have the right to cause the
removal of any such sign that obstructs safe public passage or that is in violation
of building code accessibility requirements.
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 adoption.
Page 112 of 475