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HomeMy WebLinkAboutDocumentation_Regular_Tab 4A_2/9/1989 Teig VILLAGE OF TEQUESTA • : p• Post Office Box 3273 • 357 Tequesta Drive • 111., Tequesta. Florida 33469-0273 • (407) 746-.457 C. - MEMORANDUM: TO: Village Council FROM: Thomas G. Bradford, Village Manager / DATE: February3, 1989 SUBJECT: Proposed Ordinance No. 381; Revisions Pursuant to your direction at the Village Council Meeting of January 26, the following revisions have been made to Ordinance No. 381 : o Throughout the Ordinance, wherever setbacks have been previously referenced to be as required under subsection ( I ) we have provided additional clarification to indicate that subsection ( I ) requires a "ten ( 10) foot" setback. o Page 1, Section 2, ( 2 ) : the previous option allowing a sixty ( 60) square foot sign with twenty- five ( 25 ) foot height having a fifteen (15) foot minimum setback has been deleted. This provides for greater clarity in understanding the Ordinance and also height and setback continuity throughout the Ordinance. o Page 1 (3) : the previous typographical error indicating a "twenty-five (25 ) " height allowance has been corrected to be "twenty (20) . " ° Page 2 (4)(b) : at your request, we have added a description of the additional free-standing sign that would be allowed under this portion of the Ordinance. Memorandum: Village Council February 3, 1989 Page 2 - o Page 3 ( 5) : changes have been made to address a discrepancy that previously would have allowed an establishment not within a shopping center within the C-1 Neighborhood Commercial District to have a sign larger than that allowed for a shopping center within the C-1 Neighborhood Commercial District. C- 1 district signage, whether within a shopping center or not, will be allowed signage up to sixteen ( 16) feet in height. Additionally, I recall concern being expressed by the fact that the proposed Ordinance did not specifically address the type of signage allowed for shopping center identification. This Ordinance is drafted so that the free-standing signage allowances and the additional free-standing signage allowances are applicable to either a sign identifying the shopping center or a sign which identifies tenants located therein or both. Therefore, I believe this concern has been addressed. Finally, the Ordinance has been drafted so that establishments not located within shopping centers must continue to place their free-standing signage within the middle one-third of the property abutting a public street. The current language would require a variance to utilize the corner. The Village Attorney will provide you with potential options indicating criteria which you may wish to consider in order to allow usage of a corner. Also, the chart which you requested to clarify the Ordinance options will be forthcoming from the Village Attorney prior to the Village Council Meeting of February 9. TGB/jmm cc: John C. Randolph, Esq. , w/attachment Scott D. Hawkins, Esq. , w/attachment ORDINANCE NO. 381 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING ZONING ORDINANCE NO. 355, AS AMENDED, BY AMENDING SECTION X, SUPPLEMENTAL REGULATIONS, BY ADDING AN ADDITIONAL SUPPLEMENTAL REGULATION APPLYING TO ALL DEVELOPMENTAL DISTRICTS; BY AMENDING SECTION XII, SIGN REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE Village Council of the Village of Tequesta, Palm Beach County, Florida, as follows: Section 1. Section X, of the Official Zoning Ordinance of the Village of Tequesta, Ordinance No. 355, as amended, is hereby amended by the addition of Supplemental Regulation (P) which shall read as follows: "(P) Utility Services 1 ) All utility service lines within any zoning district of the Village shall be placed underground within any zoning district of the Village upon development of the property in question. This provision shall apply to all new construction as well as to any renovation, restoration or construction activity to an existing structure wherein the said renovation, restoration or construction activity value is greater than fifty ( 50%) percent of the assessed value of the existing structure. 2) Compliance with the intent of this regulation shall be a pre-requisite to the issuance of a building permit by the Building Official. " Section 2 Section XII, sub-section (K) , paragraph (2) (b) of the Official Zoning Ordinance of the Village of Tequesta, Ordinance No. 355, as amended, is hereby amended to read as follows: "(b) Free-Standing Signs. 1 ) Shopping Centers within the C-i Neighborhood Commercial District shall be allowed one (1 ) free-standing sign, not to exceed sixty (60) square feet in area, nor exceed sixteen ( 16) feet in height from finished grade and have a minimum setback of ten ( 10) feet in accordance with subsection ( I ) of this section. Landscaping and irrigation at the base of any such signage may be required by the Community Appearance Board and/or the Village Council whenever the same is considered desirable by either body. 2) Shopping Centers within the C-2 Community Commercial District and the C-3 General Commercial District shall be allowed one ( 1) free-standing sign, not to exceed sixty ( 60) square feet in area, nor exceed twenty (20) feet in height from the finished grade and have a minimum setback of ten (10) feet in accordance with subsection (I) of this section. Landscaping and irrigation at the base of any such signage may be required by the Community Appearance Board and/or the Village. Council whenever the same is considered desirable by either body. 3) Shopping Centers not utilizing additional free- standing signage or having approved out-parcels with approved free-standing signage, within the C-2 Community Commercial District having frontage along U.S. Highway One shall be allowed one (1) free-standing sign, not to exceed one hundred (100) square feet in area, nor exceed twenty (20) feet in height from finished grade and have a - 2 - a ten ( 10) foot minimum setback in accordance with subsection ( I ) of this section. Landscaping and irrigation at the base of any such signage may be required by the Community Appearance Board and/or the Village Council whenever the same is considered desirable by either body. Shopping Centers within the C-2 Community Commercial District having frontage along U. S. Highway One utilizing free-standing signage in excess of sixty ( 60 ) square feet in area but not to exceed the one hundred ( 100) square foot in area allowance as provided herein, shall not be permitted any additional free-standing signs on any lot(s) or parcel(s) comprising the Shopping Center or on any out- parcel associated therewith. 4) Additional free-standing signs shall be permitted in Shopping Centers within the C-2 Community Commercial District having U.S. Highway One frontage under the conditions as follows: (a) Shopping Centers with approved out-parcels, not utilizing the free-standing signage allowance in excess of sixty ( 60) square feet in area but not to exceed one-hundred ( 100) square feet in area as provided for within this subsection, shall be permitted one ( 1 ) free-standing sign for each out- ' parcel, not to exceed forty five (45) square feet in area, nor exceed eight (8) feet in height from finished grade and have a minimum setback of ten ( 10) feet in accordance with subsection ( I ) of this section. Landscaping and irrigation at the base of any such signage may be required by the Community Appearance Board and/or the Village Council whenever the same is considered desirable by either body. (b) Shopping Centers having frontage along a dedicated public street, in addition to frontage along U.S. Highway One, not utilizing the free-standing signage allowance in excess of sixty (60) square feet in area but not to exceed one-hundred ( 100) y��p'\ square feet in area and not utilizing free- AD' signage for out-parcels associated therewith, as provided for within this subsection, �� shall be permitted an additional free-standing ,1l)t �(1 sign within the area of the additional frontage, 61t ,p not to exceed one ( 1 ) additional free-standing Q� sign for each Shopping Center having such 0 . additional frontage, regardless of the instances or amount of frontage along dedicated public GO streets other than U.S. Highway One. Such i4j additional signage is prohibited within the rear yard or side yard of the Shopping Center as determined by the main building, and as such, to qualify for this additional signage the area of the additional frontage along a dedicated public street other than U.S. Highway One must lie within the front yard of the Shopping Center as determined by the main building. Any such additional free-standing signage shall be of the same style and color(s) of the other free-standing sign. The additional free-standing sign allowed herein shall not exceed sixty (60) square feet in area, nor exceed twenty (20) feet in height from the finished grade and have a minimum setback of ten ( 10) feet in accordance with subsection ( I ) of this section. Landscaping and irrigation at the base of any such signage may be required by the Community Appearance Board and/or the Village Council whenever the same is considered desirable by either body. - 3 - (c) Shopping Centers having U. S . Highway One frontage in excess of six hundred ( 600) lineal feet, not utilizing the free-standing signage allowance in excess of sixty ( 60) square feet in area but not to exceed one-hundred ( 100) square feet in area provided for within this subsection and not utilizing any out-parcel signage allowed within this subsection, shall be permitted additional free-standing signage not to exceed two (2) additional free-standing signs for each eligible shopping center, provided that the additional signage shall be located a minimum of three hundred (300) lineal feet from any other free- standing sign within the shopping center. Any proposed additional free-standing sign not separated by a distance of at least three hundred (300) lineal feet from any other free-standing sign on the proposed shopping center site shall be prohibited. Any such additional free-standing signage shall be of the same style and color(s) of the other free-standing sign(s) . Any such additional free-standing signage shall not exceed sixty ( 60) square feet in area, nor exceed twenty (20) feet in height from finished grade and have a minimum setback of ten (10) feet in accordance with subsection ( I ) of this section. Landscaping and irrigation at the base of any such signage may be required by the Community Appearance Board and/or the Village Council whenever the same is considered desirable by either body. ( d) Such additional free-standing signs as may be allowed shall be constructed in accordance with all other provisions of this subsection. 5 ) Establishments not in Shopping Centers shall be allowed one ( 1 ) free-standing sign under the conditions as follows: (a) Establishments not in a Shopping Center located within the C-1 Neighborhood Commercial District, shall be allowed one ( 1 ) sign per building apart from the building not to exceed sixty ( 60) square feet in area, nor exceed sixteen ( 16) feet in height from finished grade and have a minimum setback of ten ( 10) feet in accordance with subsection ( I ) of this section. Landscaping and irrigation at the base of any such signage may be required by the Community Appearance Board and/or the Village Council whenever the same is considered desirable by either body. Said sign shall be located within the middle one-third (1/3) of the property fronting on the public street. (b) Establishments not in a Shopping Center, located within the C-2 Community Commercial District and the C-3 General Commercial District, shall be allowed one (1) sign per building apart from the building not to exceed sixty (60) square feet in area, nor exceed twenty (20) feet in height from finished grade and have a minimum setback of ten ( 10) feet in accordance with subsection ( I ) of this section. Landscaping and irrigation at the base of any such signage may be required by the Community Appearance Board and/or the Village Council whenever the same is considered desirable by either body. Said sign shall be located within the middle one-third ( 1/3) of the property fronting on the public street. - 4 - Section 3. Section XII, Subsection (N) , Paragraph (3 ) (b) of the Official Zoning Ordinance of the Village of Tequesta, Ordinance No. 355, as amended, is hereby amended to read as follows: " (3) Non-Conforming Signs: (b) All non-conforming signs within the Village or within an area annexed to the Village shall be removed prior to the expiration of five ( 5 ) years. after the date of passage of this revised sign code or after annexation, whichever applies. Section 4. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end, the provisions of this Ordinance are hereby declared severable. Section 5. This Ordinance shall be codified and made a part of the Official Code of Ordinances of the Village of Tequesta. Section 6. This Ordinance shall take effect immediately upon its approval and passage as provided by law. THE FOREGOING ORDINANCE was offered by Councilmember who moved its adoption. The Ordinance was seconded by Councilmember and upon being put to a vote, the vote was as follows: li FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Ordinance duly passed and adopted this day of , 1989. MAYOR OF TEQUESTA Ron T. Mackail ATTEST: Bill C. Kascavelis Village Clerk Proposed language to allow for additional free-standing signage: Section 2, (b) , 4, (e) : Shopping Centers shall be allowed an additional free- standing sign for the sole purpose of identifying the Shopping Center. Said sign shall not exceed twenty (20) square feet in area, nor exceed four (4) feet in height from finished grade and have a minimum setback of ten ( 10) feet in accordance with subsection ( I ) of this section. Said signage shall be located to delineate the main entranceway to the Shopping Center. This additional signage allowance shall be prohibited if the Shopping Center is identified on a wall, sign, signage attached to any building or on any free-standing sign. Landscaping and irrigation at the base of any such signage may be required by the Community Appearance Board and for the Village Council whenever the same is considered desirable by either body.