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Home My WebLink AboutDocumentation_Regular_Tab 4A_10/25/19904. r- VILLAGE OF TEQUESTA BUILDING DEPARTMENT Post Office Box 3273 • 357 Tequesta Drive Tequesta, Florida 33469-0273 • (407) 575-6220 FAX: (407) 575-6203 MEMORANDUM: / TO: Thomas G. Bradford, Village Manager FROM: Scott D. Ladd, Building Official DATE: October 3, 1990 SUBJECT: Proposed Ordinance No. 415 regarding certain changes and/or additions to the Zoning Regulations. Tom, proposed Ordinance No. 415 provides additions and/or changes to the Zoning Code as follows: 1. Revisions to the definitions of Building Line and Subdivision in order to track the language of these same definitions as set forth in recently adopted Ord. No. 413 which amended the Subdivision Regulations. 2. Adding to the Zoning Code a definition for "Lot Split" in order to track Ord. No. 413 also. 3. Amendino Section VII ( D) (6) & (7) by adding an additional special exception use, shopping centers, to the C-2 and C-3 Districts. It appears that the use "shopping center" was inadvertently deleted during major changes to the Zoning Code back in 1987, although it remained as a special exception use in the C-1 District. Without the "use" shopping center in the C-2 & C-3 Districts, all existing shopping centers in these Districts become nonconforming which means that they can continue to exist but cannot be structurally altered, extended or enlarged. This appears to fly in the face of recent Village -wide efforts to encourage the rebuilding, renovation and beautification of our downtown area and may impede the development of the Village master plan area. 4. Amending the off-street parking regulations at Section VIII (A) by adding a new paragraph prohibiting the use of commercial parking spaces as reserved spaces for certain individuals, businesses and/or property owners. This issue comes up from time to time and continues to be an enforcement problem. The current Zoning Code does not address "reserved" parking spaces, therefore, they are not allowed, but it would be easier to regulate and enforce if the suggested changes were adopted. U Page 2 Oct. 3, 1990 ------------ We have discovered that when taking a violation to the Code Enforcement Board, the process is much easier and better understood by potential violators if the alleged violation is clearly stated and actually set forth in the Code. 5. Amending Section XII, Sign Regulations, to prohibit the erection of "reserved" parking signs for the same reasons as stated in item 4 above. 6. Amending Section XIV (A)(8) by deleting the requirement that existing screen enclosures come before the Zoning Board of Adjustment for a variance when they are changed out to the new mansard roof style of screen enclosure. This change is at the request of certain Village residents. As you can see, Tom, all of these changes and additions are minimal and are in most cases housekeeping in nature. Please place Ordinance No. 415 on an upcoming agenda for first reading and discussion. Thank you. ORDINANCE NO. 415 AN ORDINANCE CF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING ZONING ORDINANCE NO. 355, AS AMENDED, BY AMENDING SECTION IV, DEFINITIONS, REVISING THE DEFINITIONS OF BUILDING LINE, SHOPPING CENTER, AND SUBDIVISION AND BY ADDING A NEW DEFINITION FOR LOT SPLIT; BY AMENDING SECTION VII, SCHEDULE OF REGULATIONS AND APPLICATION OF REGULATIONS, SUBSECTION (D), SCHEDULE OF DISTRICT AND USE REGULATIONS, PARAGRAPH (6), C-2 COMMUNITY COMMERCIAL DISTRICT AND PARAGRAPH (7), C-3 GENERAL COMMERCIAL DISTRICT, BY ADDING AN ADDITIONAL SPECIAL EXCEPTION USE TO THE C-2 AND C-3 DISTRICTS; BY AMENDING SECTION VIII, OFF STREET PARKING AND LOADING REGULATIONS, SUBSECTION (A), APPLICATION OF REGULATIONS, BY ADDING A NEW PARAGRAPH (7); BY kMENDING SECTION XII, SIGN REGULATIONS, SUBSECTION (0), PROHIBITIONS IN ALL ZONING CATEGORIES, BY ADDING A NEW PARAGRAPH (9); BY AMENDING SECTION XIV NONCONFORMING USES, SUBSECTION (A), BY REVISING PARAGRAPH (8); PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFF'CTIVE DATE. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. Section IV, Definitions, of the official Zonincr Ordinance of the Village of Tequesta, Ordinance No. 355, as amended, is hereby amended by adding revised and/or new definitions as follows: (47) Building Line. A line on a lot, generally, but not necessarily, parallel to a lot line or road right-of- way line, located a sufficient distance therefrom to provide the minimum yards required by the Zoning Code. The building line delimits the area in which buildings are permitted subject to all applicable provisions of the Zoning Code. (196) Lot Split. The subdivision of a single lot or parcel of land into two (2) lots or parcels. (288) Shopping Center. A group of architecturally unified commercial establishments, otherwise allowed by this Ordinance, built on a site which is planned, developed, owned and managed as an operating unit related in its location, size and type of shops to the trade area that the unit serves. (310) Subdivision. The division of a parcel of land into three (3) or more lots or parcels either by plat into lots and blocks or by metes and bounds description for the pvrpose of transfer of ownership or develo-,:,ment, _.r if a new street :s involved, anti _f a par -el of lard. A lot split shall not, for purposes c_ this ord...-,nce, re=_.,siderEd a n. .`'`-weVer, in the event a prOperty �r,-iPr+ of a "lot split" SUl-segjent to the adoption of this Ordinance, any subsequent "lot i in--o:...+h= ss= - parcel o_ :�arcElL= of ia.nd shall be subject t,_the s-j-di` ision rECUlremenrs set IF I i Section 2. Section VII (D), Schedule of District and Use Regulations, Paragraphs (6) and (7) of the official Zoning Ordinance of the Village of Tequesta, Ordinance No. 3`5, as amended, is hereby amended by adding an additional Special Exception use to the C-2 and C-3 Districts as follows: (6`(d` Special Exceptions, add new paragraph (14) as follows: <14> Shopping centers. (7)(d) Special Exceptions, add new paragraph (10) as follows: (10) Shopping centers. Section 3. Section VIII, Off -Street Parking and Loading Regulations, Subsection (A), of the official Zoning Ordinance of the Village of Tequesta, Ordinance No. 355, as amended, is hereby amended by adding a new paragraph (7) as follows: ( A` Add net.: paragraph (7) as follows: (7) The use of and/or designation of parking spaces as "reserved" for individual tenants, businesses and/or property owners shall be prohibited. This Section shall r._t apply to those par}:ing spaces designated to meet the requirements of State, county and municipal handicap parking regulations. Section 4, Section XII, Sign Regulations, Subsection (0), Prohibitions in all Zoning Categories, cf the official Zoning Ordinance of the Village of Tequesta, Ordinance No. 355, as amended, is hereby amended by adding a new paragraph (9) as follows: ! (0) Add new paragraph (9) as follows: (9) No signs identifying or designating parking spaces as "reserved" for individual tenants, businesses and/or property owners shall be allowed. Signs identifying handicap parking spaces per State, county and municipal requirements are exempt from this section. Section 5. Section XIV Nonconforming Uses, Subsection ( A), Paragraph (8) of the official Zoning Ordinance of the Village of Tequesta, Ordinance No. 355, as amended, is hereby amended to read as follows: (8) Swimming Pool Enclosures. Existing screened swimming pool enclosures may be replaced in the same location by another screen enclosure when such enclosure follows the same footprint as the existing screen enclosure, providing however, that no portion of the said structure shall be enclosed with solid walls or roof. Section 6. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other vrovisicns or aroli_�`_i of this Ordinance which can be e ven effect t:-+ prov_s.=,ns or appl i=a~ i== =r,-• t'- t .s end, the :rovisi of this Ordinance are `:erebv declared severable. CPr-+ i -.n 7 Rer=a1 of Ordin=noes in Conflict. All other ordinance= of the Village of Tequesta, Florida, or parts there,=,f ;.:hich rnnf ir-t with this or snv -Dr`_ Of 1};ic nra-_nonce FA Section S. Codification. This Ordinance small he codified and made a part of the offi,_ial Code of Ordinances of the Village of Tecuesta. Section 9. Effective Date. This Ordinance s}all ta._e ,effect immediately upon its approval and passaoe as provided ry I 1 aw. THE FOREGOING ORDINANCE lCouncilmeml,er adoption. The Ordinance Councilmember put to a vote, the vote was as follows: FOR ADOPTION WAS was OFFERED BY who moved its seconded b: and upon being AGAINST ADOPTION The Map^r there,_;.:on declare t}:e 'rdinance duly passed adopted ti::s day of . 1990. MAYOR OF TEOUESTA Joseph N. Capretta ATTEST: Bill C. Kascavel is Village Clerk