HomeMy WebLinkAboutDocumentation_Regular_Tab 4A_5/27/1993 -,./ _____.----kiliv
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ORDINANCE NO. 410
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE ,
VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, AMENDING ORDINANCE NO. 377 WHICH
AMENDED ORDINANCE NO. 355, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE VILLAGE
AT SECTION X, WSUPPLEMENTAL REGULATIONS"1
AMENDING SECTION X (H)(2) TO. PROVIDE
' REQUIREMENTS FOR LANDSCAPING IN RESIDENTIAL .
AREAS; AMENDING SECTION X (H) 14. PROVIDING
FOR PROHIBITED LANDSCAPING; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF
ORDINANCES IN CONFLICT; 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. That Section X (H)(2) of Ordinance No. 377, an
amendment to the Comprehensive Zoning Ordinance of the Village of
Tequesta, Florida, is hereby amended to read as follows:
"(2) Application. .
Landscaping shall be provided in all toning districtss
according to the following regulations. $inglgri
lots are exempt from these provisions except for
subsection (c1121 herein . .
(c) yapdscaping of Open_Lgnd Upes .
2. gesidential Areas
• a. Landscape Abutting Residential Areas. In
the planting strip of commercial properties,
abutting and/or immediately adjacent to
residential areas there shall be erected a
living hedge not more than six (6) feet from
said residential property line. Said hedge
must be planted prior to issuance of a
Certificate of Occupancy and must be planted
not more than two (2) feet on center and Must
be maintained at a height of not less than six
(6) feet and 'not more than ten (10) feet.
Additionally, a solid opaque fence and/or wall
of not less than five (5) feet but not more
. than six (6) feet shall be required. .
b. Landscape Requirements for Single Family
and Duplex Lots and Renovations. All single
family lots and duplex lots located within R-
1, B-lA or R-2 zoning districts shall comply
with the following landscape requirements:
• (1) All single family and duplex lots
proposed for development within the
�� Village shall be required to comply with
the xeriscaping landscape concept as set
forth in the South Florida Water '
Management District Xeriscape Plant Guide .
II, as amended, with a minimum of sixty
percent (60%) native landscaping
required, by submitting xeriscape
landscaping and irrigation plans to the
• Department of Community Development for
• review and consideration for approval
f
prior to issuance of a Certificate of
Occupancy. This provision shall also
apply to any renovation, restoration or
construction activity to an existing
structure or existing landscaped area
wherein the renovation, restoration or
construction activity value is greater
than fifty percent (50%) of the assessed
value of the existing structure, or fifty
percent (50%) of the estimated value of
the existing landscaped areas determined
by the Department of Community
Development.
(2) Each single family and duplex lot
within the Village shall be required to
maintain thirty percent (30%) open space
which shall be landscaped with sod or
grass, perimeter hedges and other
landscaping such as trees in accordance
with the provisions of this section.
(3) All landscaped areas and planting
areas on single family and duplex lots
within the Village shall be provided with
sufficient automatic irrigation
facilities and moisture control devices,
both of which shall be maintained in
working order at all times. In the event
good cause is shown that there is not a
need for automatic irrigation facilities,
this requirement may be waived by action
of the Village Council.
(4) All single family and duplex lots
within the Village shall be required to
remove any prohibited landscaping from
the property as set forth in Section X
(I) (14) of this ordinance. This
subsection (d) shall be enforced by the
Village by requiring the removal of any
prohibited landscaping prior to granting
any landscaping, irrigation or well
permit.•
Section 2. That Section X (S) 14. of Ordinance No. 377, an
amendment to the Comprehensive Zoning Ordinance of the Village of
Tequesta, Florida, is hereby amended to read as follows:
"14. prohibited Landscaping. The following plant species
shall not be planted in the Village of Tequestas
a. Melaleuce geinauenervia (commonly known as
Punk Tree Caje o paverbark)r
b. schinus terebinthifolius (commonly known as
Brazilian pepper Florida holly):
c. Casuarina species (commonly known as Australian
pine):
d. Acacia auricu)jtormis (gommoDly )Enown. es
Earleaf acacia);
e. Jbiaia lebbeck (commonly known as Woman's
tongue):
f. Ardisia polonacea (commonly known as shoebuttoi
ardisia);
2
g. Colubrina asiatica fooamonly known as Leather
128.0.1.
h. Dioscorea bulbifera (commonly known as Air
potato) :
1. giscus altjsaima (commonly known as Lofty fial;
j. giscus bengalensi¢ (commonly known as Banvanlz
k. Hibiscus tiliaceus (commonly known as Mahoel;
1. s7asminum dichotomum (commonly known as
Jasminel :
m. Lygodium microphyllum (common Iv known as
$mall-leaved climbing fern)z
n. Mimosa pigra (commonly knows) a5 Cat's claw);
o. $$odomyrtus tomentosus (commonly known qp Qownv
rose myrtle):
:
Any parcel of land upon which a structure has been
heretofore erected and which received a certificate of
occupancy prior to the date upon which this Ordinance is
adopted and contains the prohibited landscaping provided
in (a) through (c) as indicated above shall have the
prohibited landscaping removed and replaced with approved
living landscaping pursuant to the provisions of this
Ordinance within five (5) years of the date of enactment
hereof. Any parcel of land upon which a structure has been
heretofore erected and reeejved a certificate of occupancy
prior to the date upon which this amendment is adopted and
contains the prohibited landscaping in subsections (d)
through (o) as indicated abov _sha).l have the prohibited
pursuant to the provisionslofetthhis Orh dinance withinved afour
(4) years of the date of enactment hereof. The removal of
prohibited landscaping as provided in this existing o in
shall not apply to the prohibited'landscaping g z1
single family lots or duplex lots lying within R-1. R-114,
or R-2 districts."
Section 3. severability. 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 4. Repeal of Ordinances in Conflict. All other
ordinances of the Village of Tequesta, Florida, or parts thereof
which conflict with this or any part of this Ordinance are hereby
repealed.
Section 5. codification. This ordinance shall be codified
and made a part of the official Code of Ordinances of the Village of
Tequesta.
Section 6. Effective Date. This Ordinance shall take
effect immediately upon its passage and approval, as provided by
law.
TH8 FOREGOING ORDINANCE vas offered by .Counuilmember
, who moved its adoption. The Ordinance was
seconded by Councilmember and upon being
put to a vote, the vote vas as follows:
•
FOE ? OPTION aGAIlST ADOPTION
The Mayor thereupon declared the ordinance duly passed and
adopted this day of , 1993.
MAYOR OF TEQUESTA
Ron T. Mackail
ATTEST:
Village Clerk
JCW31530RoAwDSCAPARD
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