HomeMy WebLinkAboutOrdinance_02-23_2/9/2023ORDINANCE NO. 02-23
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 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 MAKE REFERENCE TO DESIGN
GUIDELINES AS A TOOL FOR COMPLETING DEVELOPMENT
APPLICATIONS FOR PROPERTIES IN 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; AND AT CHAPTER 22. COMMUNITY
DEVELOPMENT, ARTICLE II. COMMUNITY APPEARANCE. TO AMEND
SEC. 22-82. GENERAL REQUIREMENTS RELATIVE TO SITE PLAN
REVIEW. TO MAKE REFERENCE TO DESIGN GUIDELINES AS A TOOL
FOR COMPLETING DEVELOPMENT APPLICATIONS FOR
PROPERTIES IN THE R-3 ZONING DISTRICT; PROVIDING THAT EACH
AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 22
COMMUNITY DEVELOPMENT, 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 new planning, zoning, design, and environmental challenges; and
WHEREAS, Village Staff developed the Beach Road Corridor Design Guidelines
("Design Guidelines") to help guide desired redevelopment in a direction that maintains
and even enhances Tequesta's small village, pedestrian way of life, as well as its urban
character, and scenic charm throughout the Beach Road corridor; and
WHEREAS, certain code revisions are also required to update unusable setback
codes, update accessory building codes, update regulations related to sea turtle
protection, and generally reflect the realities of 21st Century development and re-
development within the R-3 Zoning District; and
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WHEREAS, the Village Council desires to reference the Design Guidelines by
ordinance, and adopt the zoning code revisions proposed in this ordinance; and
WHEREAS, Village staff, in preparing this ordinance, and the Village Council, in
adopting this ordinance, have considered and complied with the mandates of the recently
adopted Private Property Rights Element of the Village of Tequesta Comprehensive
Development Plan; and
WHEREAS, the Village Council has determined that the code amendments
contained in this ordinance will be in the best interests of the citizens of the Village of
Tequesta, and will serve to promote the public health, safety and welfare.
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.
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Design Guidelines refers to the Village of Teguesta's architectural and design goals for
the R-3 Zoning District. The Design Guidelines document includes descriptions, and
explains the desired intent of the Village of Teguesta for the overall development and re-
development of the R-3 Zoning District. The Design Guidelines offer examples and goals
for applicants regarding building and landscape architecture, use of open space, signage
in conformance with Village Code, parking (surface and structured) in conformance with
Village Code, loading zones in conformance with Village Code, public streetscapes, and
building placement, scale/massing, height, and character. The intent of the Design
Guidelines is to assist applicants in meeting Village Code requirements for building and
site aesthetics contained in Chapter 22. Community Development, Article II. Community
Appearance, Sec. 22-82. — General requirements relative to site plan review. The Design
Guidelines are not in and of themselves approval criteria in any quasi-judicial proceeding.
[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 and side yard setback requirements for the R-3 Zoning
District; providing that Section 78-143 relative to the R-3 Zoning District 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:'
1 Only the schedule for the R-3 Zoning District is amended. The schedule for all other zoning districts remains in
full force and effect as previously adopted.
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SCHEDULE OF SITE REQUIREMENTS
Minimum Setbacks
Minimum
Maximu
Front Yard
Side Yard
Rear Yard
Maximum
Minimum
Minimum
District
Lot Width
m Lot
Building
Living
Landscaped
Coverag
Height
Area
Open
e
Requirements
Space
R-3
80 ft.
35%
20 ft. or main
20 � plus 2 f+
�
20 ft. plus 2 ft.
p
11 stories / 101
1,500 s ft.
q.
30%
structures or
foreaoh
for each
ft. measured
for the first 2
200 ft.3
ulldings uD
additional 10
ft. or portion
thereof over 50
ft. in height of
the main
building or
structure.
from the
average height
of the crest of
the sand dune
line, for main
building or
structure east of
bedrooms,
plus 225 sq.
ft. for each
additional
bedroom.
or portien
the.reeef ever 50
� heiin ght of
the main
building er
6461Gt lFe
to 40 ft. in
height:
35 ft. for any
0
thereof
exceeding
20 ft. for main
10 ft, for any
Beach Road,
structure or
40 ft. in
accessory
and measured
height:
45 ft. for any
buildings uD
one-story
building or
structure. Plus
2 ft. for each
additional story
of the
accessory
building or
from grade west
of Beach Road.'
2 stories/20 ft.
for any
accessory
building or
structure.
to 40 ft. in
o
thereof
exceeding
80 ft. in
height:
25 ft. for any
Onion
thereof
exceeding 40
height.
ft. in height
structure.
01Q ft. for an
but less than
80 feet in
accessory
structure not
exceeding
one story/10
ft. in height
height:
32 ft. for any
Ortlon
used for the
thereof
parking of
exceeding 80
vehicles only
ft. in height.
(covered
10 ft. for any
parking) and
provided that
accessory one -
story building
the design of
or structure.
the front of
Plus_2 #.fe
the covered
earaiena1
parking
story ef the
structure
assessery
includes fully
building o
landscaped
G+��+
grade and/or
raised
planters that
preufde a
10 ft. o
landscaped
width aleng
the full
fren#age-of
theGewered
paFkqRg
struetu re.
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 reference Design Guidelines for use by applicants when preparing
development or re -development applications for properties in the R-3 Zoning District;
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
populations and should be applied only within the high density designated areas
as depicted by the comprehensive development plan.
(b) Desian Guidelines.
Applications for development and re -development in the R-3 Zonina District shall
utilize the Village's Design Guidelines including the Design Guidelines checklist in
order to achieve compliance with the general requirements relative to site plan review
set forth in Chapter 22, Article II. Sec. 22-82. The Design Guidelines are not in and
of themselves approval criteria in any quasi-judicial proceeding. The Desian
Guidelines are found at Appendix E of the Village Code of Ordinances, and are kept
on file with both the Villaae Clerk's Office and the Village's Community Development
Office.
4b4clPermitted 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
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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.
(c4 d) Accessory 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.
0)"ee 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
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residence for facility officials or on -site caretakers, limited to one dwelling
unit.
(e)ff 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 reference
Design Guidelines for use by applicants when preparing development or re -development
applications for properties 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 or the Village Council, as applicable, shall review, and
recommend or take final action, as applicable,to the village G06IRGOI or take final aGt'en
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4se4f, pursuant to subsection 22-53(a) and (b). In making such review, the planning and
zoning board or the Village Council, as applicable, shall apply the following general
requirements:
The general requirements are minimum aesthetic standards for all site development,
buildings, structures, or alterations within the village except in districts R-1A 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
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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
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.
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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
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) Applications for development and re -development in the R-3 Zoning District shall
utilize the Village's Design Guidelines including the Design Guidelines checklist in
order to achieve compliance with the general requirements relative to site plan
review set forth in this section. The Design Guidelines are not in and of themselves
approval criteria in any quasi-judicial proceeding. The Desian Guidelines are
found at Appendix E of the Village Code of Ordinances, and are kept on file with
both the Villaae Clerk's Office and the Village's Community Development Office.
Section 6: RESERVED.
Section 7: Each and every other Section and Subsection of 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.
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Section 11: This Ordinance shall take effect immediately upon adoption.
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ORDINANCE
Date
02-23 2-09-2023
Upon Second Reading
Motion Council Member Frank D'Ambra Second Vice -Mayor Kyle Stone
Mayor Molly Young
Vice -Mayor Kyle Stone
Council Member Laurie Brandon
Council Member Frank D'Ambra,lll
Council Seat 5 - Vacant
FOR
AGAINST
ABSENT
CONFLICT
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The Mayor thereupon declared the Ordinance duly passed and adopted.
MAYOR OF TEQUESTA:
Molly Young
ATTEST:
�NC�RA qSEAL D.:rD
Lori McWilliams, MMC
Village Clerk
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