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Home My WebLink AboutDocumentation_Local Planning Agency_Tab 01_2/16/2023Agenda Item #1. Local Planning Agency STAFF MEMO Meeting: Local Planning Agency - Feb 16 2023 Staff Contact: Lance Lilly Department: Community Development TITLE ORDINANCE NO. 03-23: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING., AT ARTICLE IX. SUPPLEMENTAL REGULATIONS., SEC. 78-284. WALLS AND FENCES. TO ALLOW WALLS AND FENCES TO BE LOCATED FORWARD OF THE FRONT BUILDING LINE IN CERTAIN CIRCUMSTANCES; 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. 03-23 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING., AT ARTICLE IX. SUPPLEMENTAL REGULATIONS., SEC. 78-284. WALLS AND FENCES. TO ALLOW WALLS AND FENCES TO BE LOCATED FORWARD OF THE FRONT BUILDING LINE IN CERTAIN CIRCUMSTANCES; 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. 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. 03-23 Walls and Fences Ordinance 1-23-23 FINAL Fence Memo w Map Page 4 of 35 Agenda Item #1. ORDINANCE NO. 03-23 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING., AT ARTICLE IX. SUPPLEMENTAL REGULATIONS., SEC. 78-284. WALLS AND FENCES. TO ALLOW WALLS AND FENCES TO BE LOCATED FORWARD OF THE FRONT BUILDING LINE IN CERTAIN CIRCUMSTANCES; 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 Code currently regulates walls and fences within the Village; and WHEREAS, since 2016, several variance applications have been processed by the Village for properties within the Village with deeper lots with longer side lengths than regular residential lots; and WHEREAS, because of the location of the structures to the rear of the properties on these deeper lots, the rear yards are compressed and the front yard functions as the "backyard"; and WHEREAS, in response, the Planning & Zoning Board recommended that Staff initiate a code amendment to address wall and fence placement for the deeper lots within the Village; 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 IX. Supplemental Regulations. by amending 1 Page 5 of 35 Agenda Item #1. Section 78-284. Walls and fences. to allow walls and fences to be located forward of the front building line in certain circumstances; providing that Section 78-284. shall hereafter read as follows: Sec. 78-284. — Walls and fences. (a) Walls and fences may be erected or maintained within or adjacent to a property line to a height not exceeding six feet. No wall or fence shall be permitted to extend forward of the adjacent or nearest portion of the building front, regardless of the actual, allowed building setback line, on any lot or parcel (see Fig. A), except for lots or parcels located along and fronting upon County Club Drive, where walls not exceeding five feet in height may be located forward of the front building line and lots or parcels meeting the dimensional requirements of subpart (b) below. Commercial property abutting a residential property shall comply with section 78-403 regarding walls and fences. (b) Walls and fences not exceeding six feet in height may be located forward of the front building line on lots or parcels having a side lot line greater than or equal to 250 feet and a front building line greater than or equal to 50 feet from the property line. (See Fig. Q. MkpLlf a wall or fence is erected or located on a corner lot (in which case the building front shall be considered to be the side of the building facing the right-of- way associated with the property's street address), a vehicular and pedestrian visibility triangle (see section 78-303) shall be maintained for 25 feet in both directions from the point of intersecting lot lines. The maximum height of any wall or fence within the visibility triangle, including those on Country Club Drive, shall be two and one-half feet (see Fig. B). kOWLFences and walls for the screening of boats, trailers, recreational vehicles and the like on property in the R-1 A, and R-1 zoning districts shall also comply with the requirements of chapter 46, article III, division 2. O)LeLlEntry features consisting of masonry columns not exceeding six feet in height, with or without gates, are not deemed to be walls or fences and are specifically allowed in the R-1 A and R-1 zoning districts and in the residential areas within a mixed use 2 Page 6 of 35 Agenda Item #1. development located in the MU zoning district. Such entry features must be compatible with the architecture of the residence and the streetscape, must be set back a minimum of ten feet from the edge of the road pavement or the lot side of any sidewalk, must provide a minimum clear width of 12 feet for access by emergency vehicles, and shall not be located in the village right-of-way. Gates, if any, must swing inward or slide to the side to prevent obstructions to the roadway or sidewalk. A building permit and approval by the planning and zoning board in accordance with these regulations is required prior to the commencement of construction. [Figures A and B left in full force and effect as previously adopted.] Figure C 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. 3 Page 7 of 35 Agenda Item #1. Section 6: This Ordinance shall take effect immediately upon passage. Page 8 of 35 Agenda Item #1. VILLAGE OF TEQUESTA To: Local Planning Agency From: Nilsa Zacarias, AICP, Community Development Director Date: February 10, 2023 Ref.: Code Text Amendment regarding Fence Location — Local Planning Agency Since 2016, the Village of Tequesta Planning and Zoning Board (P&Z) has heard four (4) variance applications for fences to be located in the front yard. Three (3) of the four (4) fence applications were approved by the Board including properties with longer side lengths than the regular lot size. The P&Z Board recommended that staff consider reviewing the code to be amended for lots that are longer than the regular ones. Please see the below table (Table 1) that provides the address, variance application number, length of the lot, and front building line in feet. Table 1. Fence Variance Application 016 — 01 Side Lot Length Front Building Line in feet" in feet q1 VAR 19-04 370 Riverside Drive 333.30 88.8 Approved 10/17/2019 VAR 20-02 18996 Point Drive 340.67 164.8 Approved 5/21/2020 VAR 20-06 323 Leigh Road 100.00 23.9 Denied 11/19/2020 VAR 21-04 366 Riverside Drive 379.47 195.8 Approved 12/16/2021 Longest lot lino Currently, Per Village Code Section 78-284 (a), "Walls and fences may be erected or maintained within or adjacent to a property line to a height not exceeding six feet. No wall or fence shall be permitted to extend forward of the adjacent or nearest portion of the building front, regardless of the actual, allowed building setback line, on any lot or parcel (see Fig. A)" 1 Page 9 of 35 Agenda Item #1. Figure A Since most of the lots that front the water have longer side lot lengths, see enclosed map indicating the subject length, where the proposed code amendment would apply. Staff is recommending a Zoning Code text amendment to revise the existing fence code. The proposed language is based on the length of the lot and the front building line as follows: Walls and fences not exceeding six feet in height may be located forward of the front building line on lots or parcels having a side lot line greater than or equal to 250 feet and a front building line greater than or equal to 50 feet from the property line. (See Fig. Q. The proposed Zoning Code text amendment process will include the following: 1. One (1) Workshop with the Village Council 2. Initiate approval process including Local Planning Agency (LPA), and Village Council First and Second Reading of the proposed Ordinance. Enclosed: 1. Zoning Map with the length of lots 2. 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