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HomeMy WebLinkAboutDocumentation_Regular_Tab 17_12/8/2022Agenda Item #17. Regular Council STAFF MEMO Meeting: Staff Contact: Regular Council - Dec 08 2022 Nilsa Zacarias, Director of Community Development C-3 Department: Community Development ORDINANCE NO. 15-22, FIRST READING, 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., SEC. 78-4. DEFINITIONS. TO CREATE A NEW DEFINITION FOR THE TERM "DESIGN GUIDELINES"; AT ARTICLE VI. SCHEDULE OF DISTRICT REGULATIONS., SEC. 78-143. SCHEDULE OF SITE REQUIREMENTS. TO REVISE THE FRONT, REAR AND SIDE YARD SETBACK REQUIREMENTS FOR THE R-3 ZONING DISTRICT; AT ARTICLE VI. SCHEDULE OF DISTRICT REGULATIONS., SEC. 78-175. R-3 MULTI -FAMILY DWELLING DISTRICT. TO ADD THE DESIGN GUIDELINES TO THE REGULATIONS FOR THE R-3 ZONING DISTRICT; AND AT ARTICLE IX. SUPPLEMENTAL REGULATIONS., SEC. 78-289. LOCATION OF ACCESSORY BUILDINGS. TO PROVIDE ADDITIONAL REGULATIONS FOR ACCESSORY STRUCTURES AND BUILDINGS EAST OF BEACH ROAD; AT CHAPTER 22. COMMUNITY DEVELOPMENT., ARTICLE II. COMMUNITY APPEARANCE. TO AMEND SEC. 22-82. GENERAL REQUIREMENTS RELATIVE TO SITE PLAN REVIEW. TO INCORPORATE THE DESIGN GUIDELINES INTO THE ARCHITECTURAL AND AESTHETIC REVIEW FOR DEVELOPMENT AND REDEVELOPMENT IN THE R-3 ZONING DISTRICT; AND AT CHAPTER 10. ANIMALS. ARTICLE III. SEA TURTLE PROTECTION., SEC. 10-67. SEA TURTLE PROTECTION PLAN REQUIRED. TO ADOPT PALM BEACH COUNTY'S TURTLE PROTECTION REGULATIONS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 10. ANIMALS. AND 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. 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. PROJECT NAME: BUDGET: N/A ENCUMBERED: N/A Proposed: Projected Remaining: N/A N/A Ord. 15-22 Design Guidelines Ordinance 11-30-22 Council 1st reading Page 408 of 434 Agenda Item #17. ORDINANCE NO. 15-22 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., SEC. 78-4. DEFINITIONS. TO CREATE A NEW DEFINITION FOR THE TERM "DESIGN GUIDELINES"; AT ARTICLE VI. SCHEDULE OF DISTRICT REGULATIONS., SEC. 78-143. SCHEDULE OF SITE REQUIREMENTS. TO REVISE THE FRONT, REAR AND SIDE YARD SETBACK REQUIREMENTS FOR THE R-3 ZONING DISTRICT; AT ARTICLE VI. SCHEDULE OF DISTRICT REGULATIONS., SEC. 78-175. R-3 MULTI -FAMILY DWELLING DISTRICT. TO ADD THE DESIGN GUIDELINES TO THE REGULATIONS FOR THE R-3 ZONING DISTRICT; AND AT ARTICLE IX. SUPPLEMENTAL REGULATIONS., SEC. 78-289. LOCATION OF ACCESSORY BUILDINGS. TO PROVIDE ADDITIONAL REGULATIONS FOR ACCESSORY STRUCTURES AND BUILDINGS EAST OF BEACH ROAD; AT CHAPTER 22. COMMUNITY DEVELOPMENT., ARTICLE II. COMMUNITY APPEARANCE. TO AMEND SEC. 22-82. GENERAL REQUIREMENTS RELATIVE TO SITE PLAN REVIEW. TO INCORPORATE THE DESIGN GUIDELINES INTO THE ARCHITECTURAL AND AESTHETIC REVIEW FOR DEVELOPMENT AND REDEVELOPMENT IN THE R-3 ZONING DISTRICT; AND AT CHAPTER 10. ANIMALS. ARTICLE III. SEA TURTLE PROTECTION., SEC. 10-67. SEA TURTLE PROTECTION PLAN REQUIRED. TO ADOPT PALM BEACH COUNTY'S TURTLE PROTECTION REGULATIONS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 10. ANIMALS. AND 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, in recent years, the Beach Road Corridor has experienced redevelopment due to the increasing demands in the real estate market which has triggered a new set of planning challenges such as zoning regulations, architectural design, and environmental concerns; and WHEREAS, Village Staff developed the Beach Road Corridor Design Guidelines ("Design Guidelines") to facilitate desired redevelopment which maintains and enhances Tequesta's small village way of life, urban character, and scenic charm and encourages urban forms that provide human scale and allow for an enriching and cohesive pedestrian experience throughout the Beach Road Corridor; and 1 Page 409 of 434 Agenda Item #17. WHEREAS, to facilitate desired development and redevelopment along the Beach Road Corridor, additional code revisions are required to add a definition for the term "Design Guidelines", incorporate the Design Guidelines into the R-3 Multifamily Dwelling District; and revise the setback requirements for accessory structures within the R-3 Zoning District; and WHEREAS, the Village Council desires to adopt such revisions to the Village's Zoning Code; 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 add an entirely new definition for the term "Design guidelines"; 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. 2 Page 410 of 434 Agenda Item #17. Design Guidelines mean a document that describes the architectural and design goals of the R-3 Zoning District. The guidelines include a description and intent of the overall development and provide design principles for architecture, landscaping, open space, signage parking (surface and structured), loading, public streetscapes, and regulations addressing building placement, scale/massing, height, and character. [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., Division 1. Schedule of Site Regulations. by amending Section 78-143. Schedule of site requirements. to revise the front, rear and side yard setback requirements for the R-3 Zoning District; providing that Section 78-143 shall hereafter read as follows: Sec. 78-143. - Schedule of site requirements. The following schedule establishes the minimum property and building regulations for development within the village: SCHEDULE OF SITE REQUIREMENTS Minimum Setbacks Minimum Minimum Maximum Front Side Rear Yard Maximum Minimum Minimum District Lot Lot Width Lot Yard Yard Building Living Landscaped Size Coverage Height Area Open Requirements Space R-1 A 123000 100 ft. 37% 25 ft.' 10 ft. for 20 ft. for 2 1,600 sq. ft. 30% sq. ft. main main stories/30 building building or ft. main and structure building or accessor structure y building 10 ft. for any 1 story/15 20 ft. for accessory ft. for any any building or accessory corner structure building or lot2 structure R-1 8,000 sq. 75 ft. 37% 25 ft.' 7'/2 ft. for 20 ft. for 2 1,200 sq. ft. 30% ft. main main stories/30 building building or ft. main and structure building or accessor structure y building 10 ft. for any 1 story/15 20 ft. for accessory ft. for an 3 Page 411 of 434 Agenda Item #17. any building or accessory corner structure building or lot2 structure R-2 8,000 sq. 80 ft. 37% 25 ft. 7'/2 ft. for 20 ft. for 2 1,100 sq. ft. 30% ft. for a main main stories/30 for first 2 single- building building or ft. main bedrooms family and structure building or plus 225 sq. dwelling accessor structure ft. for each y building 10 ft. for additional 10,000 any 1 story/15 bedroom. sq. ft. for 20 ft. for accessory ft. for any a 2- any building or accessory family corner lot structure building or dwelling structure 10,000 sq. ft. for first 2 multifamil y dwelling units plus 3,356 sq. ft. for each additional dwelling unit not to exceed a maximu m density of 12 dwelling units per gross acre R-3 10,000 80 ft. 35% 20 ft. for 20 ft. 20 ft. plus 11 1,500 sq. ft. 30% sq. ft. for the first 200 ft.3 main structur fer e 2 ft. for each stories/10 1 ft. for first 2 bedrooms, multifamil y dwelling unit, plus 3,356 sq. or nerfian ever additional 10 ft. or portion thereof thereof over 50 ft. measured from the average height of the crest plus 225 sq. ft. for each additional bedroom. es or buildin10 s u to 40 ft. in height-, ft. for #�14 in height of the each 35 ft. height Gf of the sand dune for any additional the main line, for dwelling building or main o� unit to a thereof 19f structure. building or maximu m of 12 dwelling units per acre. exceed in 40 st+,� 20 ft. or f 5 ft. from structure east of Beach Road, and measured from grade west of Beach the 1979 main structur e or Coastal Construct ft. in hem 45 ft. ion Line, for buildingControl s up to for an portion thereof the main Page 412 of 434 Agenda Item #17. exceed 40 ft. in buildin Road.4 2 hei Jng 80 or stories/20 25 ft. for structure ft. for any ft. in he�ht. awn i� on accessory portion propertie building or structure. 0 10 ft. thereof s east of for an exceedi Beach accesso ng 40 ft. Road. rY structur 10 ft. for in = e not hem any exceedi 35 ft. for accessory � ng one one-story building or story/10 onion structure. ft. in thereof Plus 2 ft. height exceedi for each used for ng 80 ft. additional the story of in parking he the of vehicles 10 ft. for accessory only any building or (covere accessor structure. d y one - parking) story and building provide or d that structure. I- Plus 2 ft. design for each of the additional front of story of the the covered accessor parking y building structur or structure. e includes fully landsca ped grade and/or raised planters eVI a rnId a ill miRiM U 1�-jF.i--Gf 10 ft =-G M`'d width thefull Gfthe Geveredd Page 413 of 434 Agenda Item #17. GtF C-1 7,500 sq. 75 ft. 40% 15 ft. None, 10 ft. from 2 Not 25% ft. except property stories/35 applicable 10 ft. at line or 10 ft. any ft. from intersecti center of ng street rear alley and if if contiguo applicable us with any noncom mercial district C-2 7,500 sq. 75 ft. 40% 25 ft., 10 ft., 10 ft. 4 N/A 25% ft. except except however, stories/50 4- and 20 ft. at none ft. 5-story any where building intersecti property s ng street abuts require and railroad an where a right -of - addition property way or al 5 feet is spur track. for each contiguo See note story us with 5 above any 50 ft. noncom See mercial note 5 district. See note 5 PCD 3 N/A 40% 25 ft. 10 ft., 10 ft. 4 1,000 square 25% special contiguo except except however, stories/50 feet per excepti us acres 4-and 20 ft. at none ft. residential on 5-story any where dwelling unit uses in building intersecti property a C-2 s ng street abuts zoning require and railroad district an where a right -of - addition property way or al 5 ft. is spur track. for each contiguo See note story us with 5 above any 50 ft. noncom See mercial note 5 district. See note 5 C-3 5,000 sq. 50 ft. 40% 15 ft. None, 10 ft. 3 Not 25% ft. except however, stories/40 applicable 10 ft. at none ft. any where intersecti property ng street abuts and if railroad Page 414 of 434 Agenda Item #17. contiguo right -of - us with way or any spur track noncom mercial district Not Not Not 25 ft.' 10 ft. 20 ft. 2 Not Not Recrea applicabl applicabl applicabl except stories/30 applicable applicable tion/Op e e e 20 ft. for ft. for main en any building or Space corner structure lot2 1 story/15 ft. for accessory building or structure MU (See special general requirements, regulations, design principles, design objectives, and development standards that apply in this district as set forth at section 78-180. For properties fronting Country Club Drive, the front yard setback shall be measured from the roadway side of the 15-foot-wide special easements. In no event shall the building or structure be less than 25 feet from the edge of the roadway pavement of Country Club Drive. 2 For properties that are corner lots, where a side yard fronts Country Club Drive, the corner side yard setback shall be measured from the roadway side of the 15-foot side special easements. In no event shall the building or structure be less than 25 feet from the edge of the roadway pavement of Country Club Drive. 3 Minimum buildable lot depth cannot include submerged lands, conservation easement areas, protected wetlands, mangrove stands or similar protected areas. Accessory structures, not exceeding one story/ten feet in height, may be constructed on lots with less than the minimum lot depth. See the definition for lot depth in section 78-4 for additional requirements. 4 Each of these criteria shall be subject to the requirements, methodology and exemptions as set forth in the Florida Building Code when determining building height. 5 Example: Where minimum front yard requirement is 25 feet, an additional five feet per story is added for buildings greater than three stories in height, so that a five -story building shall have a minimum front yard of 35 feet. Minimum side yards and minimum rear yards shall be adjusted in like fashion. Note: For more specific requirements, see the supplemental district regulations in article IX of this chapter. 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., Division 2. Schedule of Use Regulations. by amending Section 78-175. R-3 Multi -family dwelling district. to add the Design Guidelines to the regulations for the R-3 district regulations; providing that Section 78-175 shall hereafter read as follows: Sec. 78-175. R-3 multiple -family dwelling district. (a) Purpose. It is the purpose and intent of the R-3 multiple -family dwelling district to provide lands within the village for a higher density range of multiple -family residential uses. In no event shall density exceed 12 dwelling units per gross acre. This district is further intended for development of concentrated residential N Page 415 of 434 Agenda Item #17. populations and should be applied only within the high density designated areas as depicted by the comprehensive development plan. (b) Design Guidelines. The following standards and criteria shall be considered by the Village Staff, Planning and Zoning Board and Village Council when reviewing petitions for design review pursuant to Chapter 78, Article IX, Division 2 of this Code. Prior to aranting approval of a petition, the reviewing authority shall consider WhAthAr- (1) The overall plan for a development, including the site plan, design, landscaping, lighting, and sianaae, contributes to the urban character of the Villaae as a visually attractive community. (2) The proposed development is consistent and compatible with the surrounding neighborhood structures, while possessing an adeauate scale, size, massing, color and proportion. (3) The proposed development incorporates elements and standards set forth in the Beach Road Corridor Desian Guidelines which are herebv adocted and incorporated within Aaaendix E which shall be kept on file with the Village Clerk's Office and Community Development Office and all other aaalicable Village ordinances. {�)LqLPermitted uses. Permitted uses in the R-3 district are as follows: (1) Multifamily dwellings. (2) 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; 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 Q Page 416 of 434 Agenda Item #17. rectory or similar residence for facility officials or on -site caretakers, limited to one dwelling unit. (c-)JWAccessory uses. Accessory uses allowed in the R-3 district are as follows: Private garages, swimming pools, spas and hot tubs, cabanas and saunas, greenhouses, tennis courts, clubhouses, private docks, dune crossovers, utility buildings, gazebos and any other similar uses deemed appropriate by the director of community development. (4)Ue Special exception uses. Special exception uses in the R-3 district are as follows: (1) Schools and publicly owned and operated community buildings. (2) Public utility buildings such as water pumping plants and electric substations; police and fire stations. (3) Marina facilities. (4) Community antenna systems. (5) Parks and recreation facilities owned and operated by the village. (6) Foster care facilities, as may be required, regulated and licensed by applicable state statutes and agencies. (7) Group homes, as may be required, regulated and licensed by applicable state statutes and agencies. (8) Places of assembly (765 square feet or more), 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. 9 Page 417 of 434 Agenda Item #17. koff)Prohibited uses and structures. The following uses and structures are prohibited in the R-3 district: Any use or structure not specifically or by reasonable implication permitted in this section as a permitted use, accessory use or permissible by special exception. Section 4: 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 78-289. Location of accessory buildings. to provide additional regulations for accessory structures and buildings east of Beach Road; providing that Section 78-289 shall hereafter read as follows: Sec. 78-289. - Location of accessory buildings. (a) No accessory structure, except as otherwise provided by this chapter, shall be located in the area between the front setback line of the principal structure and the street line unless such lot fronts Beach Road. (b) Where the accessory structure is attached to the principal structure or connected thereto by a breezeway, the side yard shall be measured from the outer wall thereof. Section 5: Chapter 22. Community Development. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article II. Community Appearance. by amending Section 22-82. General requirements relative to site plan review. to incorporate the Design Guidelines into the architectural and aesthetic review for development and redevelopment in the R-3 Zoning District; providing that Section 22-82 shall hereafter read as follows: Sec. 22-82. - General requirements relative to site plan review. The planning and zoning board shall review, and recommend final action to the village council or take final action itself, pursuant to subsection 22-53(a) and (b). In making such review, the planning and zoning board shall apply the following general requirements: 10 Page 418 of 434 Agenda Item #17. The general requirements are minimum aesthetic standards for all site development, buildings, structures, or alterations within the village except in districts R-1 A and R-1. It is required that site development, buildings or alterations, with the sole exception of districts R-1A and R-1, show proper design concept, express honest design construction and be appropriate to the surroundings. (1) Harmony with other buildings. Buildings or structures which are a part of a present or future group or complex shall have a unity of character and design, and a relationship of forms, and the use, texture and color of materials shall be such as to create an harmonious whole. When the area involved forms an integral part of, is immediately adjacent to or otherwise clearly affects the future of any established section of the village, the design and location on the site shall enhance rather than detract from the character, value, and attractiveness of the surroundings. (2) Harmony with surroundings. Buildings or structures located along strips of land or on single sites and not a part of a unified multibuilding complex shall strive to achieve visual harmony with the surroundings. If they are built in undeveloped areas, the three primary requirements shall be met: express honest design construction, show proper design concepts, and be appropriate to the village. (3) Facades. All facades visible to public or adjacent property shall be designed to create a harmonious whole. Materials shall express their function clearly and not appear as a material foreign to the rest of the building. (4) Methods of harmonious design. It is not to be inferred that buildings must look alike or be of the same style to be harmonious. Harmony can be achieved through the proper consideration of proportions, site planning, landscaping, materials and color. (5) Advertisements on buildings. Buildings which are of symbolic design for reasons of advertising and are not compatible to the atmosphere of the village shall not be approved. Symbols attached to the buildings will not be allowed unless they are secondary in appearance to the building and landscape and are an aesthetic asset to the project and neighborhood. (6) Exterior lighting. Exterior lighting may be used to illuminate a building and its grounds for safety purposes, but in an aesthetic manner. Lighting is not to be used 11 Page 419 of 434 Agenda Item #17. as a form of advertising in a manner that is not compatible to the neighborhood or in a manner such that it draws considerably more attention to the building grounds at night than in the day. Lighting following the form of the building or part of the building will not be allowed. All fixtures used in exterior lighting are to be selected not only for functional value, but for aesthetic value. (7) Inappropriate building styles. Buildings of a style or style type foreign to South Florida and/or its climate will not be allowed. It is also to be understood that buildings, even though they have a historical significance to South Florida, that do not conform to the existing or to the evolving atmosphere of the village will not be approved. (8) Garish design. Building surfaces, walls and roofs that are considered garish by the board will be denied approval. (9) Takeout and pickup windows. Takeout or pickup windows of retail or wholesale establishments shall not be located on a building facade that faces a public right- of-way, unless they are designed in such a manner as to be an aesthetic asset to the building and neighborhood. (10) Exterior forms. All exterior forms, attached or not attached to buildings, shall be in conformity to and secondary to the building. They shall be an asset both to the aesthetics of the site and to the neighborhood. (11) Telephones, vending machines, and facilities dispensing merchandise or services. All telephones on private property, vending machines, or any facility dispensing merchandise or a service shall be confined to a space built into the building or enclosed in a separate structure compatible with the main building. (12) Advertisements on amenities. No advertising will be allowed on any exposed amenity or facility such as benches and trash containers. (13) Use of symbolic colors; exterior storage and display of merchandise. The following are added criteria that pertain to but are not limited to gasoline stations. Symbolic colors of the exterior facades or roofs may not be used unless they are harmonious with the atmosphere of the neighborhood. For example, royal blue, which symbolizes a brand of gasoline and other establishments, would not be acceptable in most cases. Exterior display of goods for sale or those designating 12 Page 420 of 434 Agenda Item #17. a service will not be allowed, except that a gasoline station's display of goods and tools of a service may be displayed on the pump island, provided that the island is not considered by the board to be enlarged to take advantage of this provision, and provided that the goods and tools be such that they can be used or installed at the island. For example, an oil rack is acceptable, but a tire display is not. Areas used to store materials such as mufflers, tires, packing crates or cases, refuse and garbage shall be screened from adjacent property and from the public view. (14) Development and redevelopment in the R-3 Zoning District incorporates elements and standards set forth in the Beach Road Corridor Design Guidelines as set forth in Aggendix E of the Village Code which shall be kept on file with the Village Clerk's Office and Community Development Office. Section 6: Chapter 10. Animals. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article III. Sea Turtle Protection. by amending Section 10-67. Sea turtle protection plan required. to adopt Palm Beach Cou nty's turtle protection regulations; providing that Section 10-67 shall hereafter read as follows: Sec. 10-67. - Sea turtle protection plan required. A sea turtle protection plan shall be required for the following activities and shall include any and all protective/mitigative measures that will be implemented in conjunction with these activities: (1) All coastal construction within jurisdictional boundaries involving the installation of permanently mounted light fixtures. (2) All coastal construction conducted during the nesting season (March 1 through October 31), seaward of the dune, within jurisdictional boundaries, including site development and mechanical beach cleaning. (3) The Village adheres to the County s turtle protection regulations as specified in article 14, chapter A of Palm Beach CounVs Unified Land Development Code. No building permit or certificate of occupancy shall be issued until all requirements of the county's turtle protection regulations have been met. 13 Page 421 of 434 Agenda Item #17. Section 7: Each and every other Section and Subsection of Chapter 10. Animals., Chapter 22. Community Appearance. And Chapter 78. Zoning. 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. MI Page 422 of 434