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HomeMy WebLinkAboutDocumentation_Regular_Tab 4F_5/13/1993 • 1 tV - ORDINANCE NO. 9 • 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 VII, SCHEDULE AND APPLICATION OF REGULATIONS, ! SUBSECTION ( D), SCHEDULE OF DISTRICT AND USE j REGULATIONS, BY AMENDING PARAGRAPHS (6)(d) 11. AND (7)( d)4. ; AMENDING SECTION X, SUPPLEMENTAL REGULATIONS APPLYING TO A SPECIFIC, TO SEVERAL, OR TO ALL DISTRICTS, SUBSECTION ( F), FULL SERVICE FUEL 4 1 Ca1 STATIONS OR GAS STATIONS, BY DELETING PARAGRAPH ( 2)( a) THROUGH ( 1), INCLUSIVE; SUBSECTION (M), SITE DA PLAN; PREREQUISITE TO BUILDING PERMIT ISSUANCE, BY DELETING PARAGRAPH ( 4), APPLICATION PROCESS, -��� r(�� REQUIREMENTS (a) THROUGH (f) AND BY ADDING NEW A � • REQUIREMENTS (a) THROUGH ( i); AMENDING SECTION XII, np� SIGN REGULATIONS, SUBSECTION (J), GENERAL � J REQUIREMENTS, PARAGRAPH (2), BY ADDING A NEW REQUIREMENT (f); AMENDING SECTION XIV, NON-CONFORMING �► USES, SUBSECTION (A), BY AMENDING PARAGRAPH (8), ) `, SWIMMING POOL ENCLOSURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE (k DATE. �G' � NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: O i % Section 1. Section VII, Subsection (D), Paragraph /Ofiltj (6)(d) 11. of the Official Comprehensive Zoning Ordinance of NJ the Village of Tequesta, Ordinance No. 355, as amended, is hereby amended to read as follows: (F) Full Service Fuel Station or Gas Station, as provided: a. Full service fuel stations or gas stations shall be located fronting along U.S. Highway • One. b. Full service fuel stations or gas stations shall be located a minimum of five hundred lineal feet (500' ) from existing or previously approved stations. c. There shall be a main building setback from all right-of-way lines of forty feet (40' ). d. Main and accessory buildings shall be located a minimum of fifty feet (50' ) from any residential district. e. A minimum six inches (6") in height raised curb shall be required at all right-of-way I lines, except at approved access driveway openings. f. Curb openings and access driveway widths and locations shall meet the requirements of Section VIII, Off-Street Parking and Loading Regulations of the Zoning Code, except as provided for in Paragraph g. of this Section. Curb openings shall be limited to two (2) per street frontage. 1 I �1 / 1 g. Where two ( 2) curb openings are providing access to a single street, they shall be I separated by an approved landscape island, l ten feet ( 10' ) in width and twenty-five feet I ( 25' ) in length at the right-of-way line. Curb cuts for access driveways shall be ' located a minimum of ten feet ( 10' ) from any i adjoining property line. h. To ensure that sufficient room be provided on either side of the fuel pumps without intruding upon sidewalks or upon adjoining ' property, fuel pumps shall be located a ! minimum of fifty feet ( 50' ) from any ! adjoining property and a minimum of twenty- 1 five feet (25' ) from any street property } line. i. All tanks, vents, pump islands and pump ; island or main and accessory building canopies shall provide a minimum setback of twenty-five feet ( 25' ) from any adjoining property or right-of-way. J. Off-street loading spaces for the delivery of materials, merchandise, fuel or any similar product, shall be located in such a manner ) that they are completely separate from ) required customer parking spaces and access ' drives and aisles thereto. 1 ; k. The selling, renting or leasing of new and/or ! used motor vehicles, trailers or recreational vehicles is prohibited. ANg/®4. 1. Automotive repair work, servicing � 1// � • ti..O,.-; �/a /lk'5-C a6,0erfd rV A Gurihm A11 .4c/O:�il &..ikI,; C� S1r Lrt m. All outdoor display of merchandise is prohibited. Section 2. Section VII, Subsection (D), Paragraph ! (7)(d)4. of . the Official Comprehensive Zoning Ordinance of the Village of Tequesta, Ordinance No. 355, as amended, isl hereby amended to read as follows: 4. Full Service Fuel Station or Gas Station, as provided: a. There shall be a main building setback from all right-of-way lines of forty feet (40' ). b. Main and accessory buildings shall be located a minimum of fifty feet (50' ) from any, residential district. c. A minimum six inches (6") in height raised, curb shall be required at all right-of-way! lines, except at approved access driveway openings. d. Curb openings and access driveway widths and' locations shall meet the requirements of ! Section VIII, Off-Street Parking and Loading; Regulations of the Zoning Code, except asl provided for in Paragraph e. of this' Section. Curb openings shall be limited tol two (2) per street frontage. • i e. Where two (2) curb openings are providing access to a single street, they shall be ' separated by an approved landscape island, ten feet ( 10' ) in width and twenty-five feet ( 25' ) in length at the right-of-way line. Curb cuts for access driveways shall be located a minimum of ten feet ( 10' ) from any adjoining property line. f. To ensure that sufficient room be provided on either side of the fuel pumps without intruding upon sidewalks or upon adjoining property, fuel pumps shall be located a minimum of fifty feet (50' ) from any adjoining property and a minimum of twenty- five feet (25' ) from any street property line. q. All tanks, vents, pump islands and pump island or main and accessory building canopies shall provide a minimum setback of twenty-five feet (25' ) from any adjoining property or right-of-way. h. Off-street loading spaces for the delivery of materials, merchandise, fuel or any similar product, shall be located in such a manner that they are completely separate from required customer parking spaces and access drives and aisles thereto. i. The selling, renting or leasing of new and/or used motor vehicles, trailers or recreational I vehicles is prohibited. 1. All oil drainage pits, hydraulic lifts and mechanical repair work shall be located and conducted within an enclosed building or structure. k. No body damaged vehicle or vehicle components of any kind or conditions shall be exposed to view from a public road right-of-way. 1. All outdoor display of merchandise is prohibited. Section 3. Section X, Subsection (F),. Paragraph (2) of the Official Comprehensive Zoning Ordinance of the Village of Tequesta, Ordinance No. 355, as amended, is hereby amended by deleting Paragraph (2)(a) through ( 1), inclusive. Section 4. Section X, Subsection (M), Paragraph (4) of of the Official Comprehensive Zoning Ordinance of the Village of Tequesta, Ordinance No. 355, as amended, is hereby amended by deleting requirements (a) through (f) and adding new requirements (a) through ( i) to read as follows: (4) Application process. Applications for site plan review shall adhere to the following procedures and requirements: he (a) A pre-application submittal meeting shall be held with the applicant and his/design team and the Building Official and his/development staff. f r C3) (b) Community Appearance Board review. An application with all required submittals, including but not limited to, twelve ( 12) copies of current survey, proposed site plan, landscape plan, site lighting plan, building elevations, color renderings, color samples, roof material sample and any other exhibits : deemed appropriate by the Building Official and his development staff, shall be submitted 1 to the Community Appearance Board for their ; review and approval. 1 (c) Review by the Building Official. Concurrent with the Community Appearance Board review process, the Building Official shall review the submitted site plan, and plans and requirements appurtenant to the site plan, to 1 ensure compliance with the applicable site 1. regulations, use regulations, parking ; regulations, and all other technical 1 requirements. If the application is deemed I by the Building Official to be at variance with such regulations and requirements. , further action on the site plan review shall be stayed until such variance is resolved. :. If the application is deemed by the Building ; Official to be in compliance with such regulations and requirements, the application ! and all exhibits, together with the Community ' Appearance Board review and approval letter and any additional comments of the Building : Official and his development review staff concerning such application shall be submitted by the Building Official to the Village Council. 1 (d) Review by Village Council. Within thirty1 (30) days of receipt of the application, wit Community Appearance Board approval letter ! and all required plans, exhibits and support documents from the Building Official, the ' Village Council shall review, consider and act upon said application. (e) Action by Village Council. After review, the Village Council shall grant approval, with : conditions, or deny the application and : direct the Building Official to approve on withhold approval of the building permit. (f) Approval Granted . with Conditions. When ; certain conditions are attached to the site plan review, the conditions shall be stated ,. in writing on a separate form and become a : part of the approved site plan. Prior to the ; issuance of a building permit, the applicant ! shall sign and date the form indicating : acknowledgment of the conditions. (g) The Village Council may require an applicant to enter into a Developer's Agreement with the Village if the Village Council deems such ! agreement appropriate. If a Developer's Agreement is required of an applicant, it : shall be set forth in a recordable form acceptable to the Village Attorney. ( h) Time. A building permit must be applied for ' . within one ( 1) year of the date of the site 1 ` plan approval or said approval shall be nullified. In the case of a site plan which provides for development phases over a period of years, the Village Council shall set forth 1 time within which application for building permit on each phase shall be filed. In the 1 event that building permits are not filed within the required times, the approval shall terminate and be deemed null and void unless 1 such time period is extended for one more year only by the Village Council upon written request of the applicant. ( i) Application Fee. 1. Administrative Costs. To cover all I administrative costs incurred by the Village in the site plan review process, the applicant shall, upon submittal of I the application for site plan review, pay a fee in an amount as established in Chapter 16 of the Village of Tequesta Code of Ordinances. 1 2. Additional Costs. To cover all additional administrative costs, actual or anticipated, including, but not .limited to, engineering fees, consultant fees, and special studies, the applicant shall compensate the Village for all such I costs prior to the processing of the application or not later than thirty (30) i days after final application approval whichever is determined as appropriate by I the Building Official. Section 5. Section XII, Subsection (J), Paragraph 1 (2) of the Official Comprehensive Zoning Ordinance of the Village of Tequesta, Ordinance No. 355, as amended, is hereby amended by adding a new requirement (f) to read as follows: (2) Signs in zoned residential districts R-1A, R-1, R- 2 and R-3: (f) Churches or Synagogues located in residential districts shall be allowed signage as follows: 1. Free standing sign: one ( 1) free- standing sign shall be allowed, not to exceed thirty square feet (30 sq. ft. ) in total area, a maximum height of seven feet (7' ) above finish grade, shall meet the setback requirement of Subsection ( I) of these regulations and up to fifty percent (50%) of the approved sign may be used as a changeable letter reader sign. 2. Wall sign: one ( 1) wall mounted sign per building shall be allowed, not to exceed twenty square feet (20 sq. ft. ) in total area and be constructed using individual raised letters and/or be metal plaque type signs. (€) • 3. Monument sign: one ( 1) around based monument sign shall be allowed, not to exceed twenty square feet (20 sq. ft. ) in • area, a maximum height of four feet (4' ) above finish grade and shall meet the setback requirement of Subsection ( I) of these regulations. 4. Multiple wall signs shall be allowed, providing that the total square foot area ; does not exceed twenty square feet (20i sq. ft. ) and have uniformity with respect to style, color and sign material. Section 6. Section XIV, Subsection ( A) of the Official Comprehensive Zoning Ordinance of the Village of Tequesta, Ordinance No. 355, as amended, is hereby amended by rewriting condition (8) to read as follows: (8) Swimming pool enclosures. Existing screened ' swimming pool enclosures may be replaced in the ; same location by another screen enclosure without ! obtaining a variance from the Village Board of ! Adjustment when such enclosure follows the same ! foot print as the existing screen enclosure, provided however, that no portion of said ! structure shall be enclosed with solid walls or ! roof. 1 Section_7,. It is hereby declared to be the intention) of the Village of Tequesta that the sections, paragraphs, ] sentences, clauses and phrases of this Ordinance are ! severable, and if any phrase, clause, sentence, paragraph orl section of this Ordinance shall be declared unconstitutional or otherwise invalid by the valid judgement or decree of ai court of competent Jurisdiction, such unconstitutionality orl invalidity shall not affect any of the remaining phrases, ; • clauses, sentences, paragraphs and sections of this ; Ordinance. • Section 8. Permission to codify this Ordinance is hereby granted. Section 9. This Ordinance shall take effect] immediately upon its passage and approval. 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: I FOR ADOPTION AGAINST ADOPTION• (6-.) • • ' I The Mayor thereupon declared the Ordinance duly passed and adopted this day of 1993. MAYOR OF TEQUESTA Ron T. Mackail ATTEST: Joann Manganiello, Village Clerk (7)