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.
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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