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HomeMy WebLinkAboutDocumentation_Workshop_Tab 3_10/8/1992 Ta/{!, VILLAGE OF TEQUESTA v L I,d0 (k5 ho 9 r Post Office Box 3273 • 357 Tequesta Drive • (V1 e --� 11) ;, � „`, f Tequesta,Florida 33469-0273 • (407)575-6200 t o/P/l an. . Fax: (407)575-6203 September 23, 1992 John C. Randolph, Esq. Jones, Foster, Johnston & Stubbs, P.A. P.O. Drawer E West Palm Beach, Florida 33402-3475 RE: Proposed Ordinances Amending the Comprehensive Zoning Ordinance Dear Skip: Attached hereto, please find a copy of correspondence and six proposed ordinances amending the comprehensive zoning ordinance from Scott Ladd. Within the next two weeks we will schedule either a Finance and Administration Committee meeting, or a Workshop meeting of the Village Council to review these ordinances in detail. Please review these ordinances for legal form and sufficiency, and, by all means, please feel free to make any changes or suggestions that you feel would be beneficial prior to the upcoming meeting to review the same. Sincerely, ' Thomas G. Bradford Village Manager TGB/ab Attachments c: Scott D. Ladd, Building Official Recycled Paper • r a/f�,'j Q VILLAGE OF TEQUESTA � 7 110., �s BUILDING DEPARTMENT ° Post Office Box 3273 • 357 Tequesta Drive N ` Tequesta, Florida 33469-0273 • (407) 575-6220 FAX: (407) 575-6203 MEMORANDUM: TO: Thomas G. Bradford, Village Manager's FROM: • Scott D. Ladd, Building Official 4./ DATE: September 17, 1992 SUBJECT: Six ( 6) proposed ordinances effecting changes _and additions to the Comprehensive Zoning Ordinance, Ord. No. 355, as amended. Tom, attached are the originals of six proposed ordinances that will make certain changes and/or additions to various sections and subsections of the Zoning Code. The proposed ordinances have been grouped together in order to reduce the cost of advertising ordinances that affect the Zoning Code, in that proposed changes to the Zoning Code must be advertised twice in a daily paper utilizing a quarter page ad with a map of the Village. In order to more fully understand the intent with regard to the promulgation of the six proposed ordinances, I offer a brief summary. statement of intent for each of the proposed ordinances as follows: 1. Section X, .Supplemental Regulations: This proposed ordinance amends Subsection ( H) , Landscaping, at paragraph ( 2)( c)2. , Residential areas, by adding certain' minimum requirements for single-family and duplex lots within the R-1, R-1A and R-2 zoning districts. There currently are no minimum landscape requirements in these districts. This proposed ordinance also amends paragraph 14. , Prohibited landscaping, by adding additional species to the current list as set forth in Palm Beach County' s most recent list. Palm Beach County and the South Florida Water Management District have been_ the lead agencies in a cooperative effort to update the prohibited species list throughout Palm Beach County. 2. Section XVI, Uniform Waterway Control: This proposed ordinance has been promulgated at the request of certain citizens and home owner association members residing in Country Club Point Subdivision. A review of the Zoning Code, Ord. 319, as amended, in effect from March, 1984 until August, 1987, indicated that the subsections set forth in this proposed ordinance, were in fact, included in Ord. 319, as amended. Then when the Village promulgated Ord. 355 in August of 1987 these subsections were. inadvertently deleted. There apparently is no clearly stated reason for the deletion, so it appears to be a Scribners error. Rervrlvil Paper Page 2 9-17-92 3. Section X, Supplemental Regulations: This proposed ordinance was promulgated at the request of the Village Manager in order to clarify where on a property fences and walls may be erected. The proposed ordinance amends Subsection ( A)( 1)( c) . 4. Section X, Supplemental Regulations: This proposed ordinance amends Subsection ( H) , Landscaping, at paragraph ( 2)( c)9. , Tree protection; and Subsection ( Q) , Utility Services, by adding a new paragraph ( 3) . Section XV, Flood Hazard Areas: This proposed ordinance also amends Subsection ( J) , Coastal High Hazard Area, at paragraph ( 1) , and amends paragraph ( 2) by adding a new sub-paragraph ( o) . . All of these proposed changes are as a result of certain Objectives and Policies of the Village' s adopted Comprehensive Development Plan that require these changes to the Zoning Code. The Objectives and/or Policies are as follows: Conservation Element Objective 1. 5. 0; Coastal Management Element Policy 3. 3. 1, Objective 5. 4. 0 and Policy 6. 1. 2, and Housing Element Policy 1. 1. 2. 5. Section VII, Schedule and Application of Regulations: This proposed ordinance amends Subsection ( D), paragraphs ( 1)( d) , ( 2)( d) and ( 3)( d), Special exceptions, by adding three ( 3) new • special exception uses that we have already included in Section IV, Definitions but that have not been included within the residential districts per the Comp Plan Housing Element Policy 1. 4. 2 to do so. 6. Sections VII, X, XII and XIV: This proposed ordinance is a housekeeping ordinance. Over the past several years, as changes and amendments have been made to the Zoning Code, certain omissions, inconsistencies, duplications and conflicts within the Code have evolved. This proposed. ordinance has been promulgated in order to address these items. The areas being addressed are as follows: Sections VII and X: The Code contained two sets of regulations with regard to full service fuel or gas stations. One set was within Section VII and the other within Section X. Many of the requirements were in conflict and it was confusing, at best, for a code user to determine which requirements to use. This is being corrected by setting forth the requirements for full service fuel stations or gas stations in the special exception use sections of the C-2 and C-3 zoning districts and by deleting the requirements for full service fuel stations or gas stations from Section X. Page 3 . 9-17-92 Section X: Subsection ( M) , Site Plan Review, needs to be amended ' in order to provide a more efficient and usable process and also by adding language regarding developers agreements. Section XII: Subsection ( J) , paragraph ( 2) , of the Sign Code needs to be amended to add signage regulations for churches located within residential districts as the current code and all previous sign codes have never provided for the allowance of signs for churches that are located in the residential districts. Signs for churches located within the C-2 commercial district are covered by the code by virtue, of the signage requirements set forth for all properties located within that district. Section XII: Subsection ( K) , paragraph ( 2) , of the Sign Code is proposed to be amended in order to provide for shopping center identification free-standing signs in addition to the free- standing signs currently allowed within the commercial . districts. Section XIV: Subsection ( A) , paragraph ( 8) of the nonconforming use criteria of the Zoning Code is proposed to be amended in order to further clarify that variances from the Board of Adjustment are not required for replacement screen enclosures under certain circumstances. SDL: jmm • ORDINANCE NO. AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING ORDINANCE NO. 377 WHICH AMENDED ORDINANCE NO. 355, THE COMPREHENSIVE ZONING ORDINANCE OF THE VILLAGE AT SECTION X, "SUPPLEMENTAL REGULATIONS"; 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 zoning districts according to the following regulations. Sinale family lots are exempt from these provisions except for subsection (c) (2) herein. (c) Landscaping of Open Land Uses (2) Residential Areas (i) 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. (ii) Landscape Requirements for Single Family and Duplex Lots and Renovations. All single family lots and duplex lots located within R-1, R-1A or R-2 zoning districts shall comply with the following landscape requirements: (a) 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 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. (b) 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. (c) 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. (d) 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 (H) (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 (H) (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 Tequesta: (a) Melaleuca quinctuenervia (commonly known as Punk Tree Cajeput or paperbark) : (b) Schinus terebinthifoiius (commonly known as Brazilian pepper Florida holly) : (c) Casuarina species (commonly known as Australian pine) ; • (d) Acacia auriculiformis (commonly known as Earleaf acacia) ; (e) Albizia lebbeck (commonly known as Woman's tongue) : (f) Ardisia solonacea (commonly known as Shoebutton ardisia) ; (g) Colubrina asiatica (commonly known as Leather leaf) : 2 (h) pioscorea bulbifera (commonly known as Air potato) ; • (i) Fiscus altissima (commonly known as Lofty fig) : (i) Fiscus bengalensis (commonly known as Banyan) : (k) Hibiscus tiliaceus (commonly known as Mahoe) ; (1) Jasminum dichotomum (commonly known as Jasmine) : (m) Lygodium microphyllum (common Iv known as Small-leaved climbing fern) : (n) Mimosa pigra (commonly known as Cat's claw) : (o) Fhodomyrtus tomentosus (commonly known as Downy 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 fa) 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 received 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 above shall have the prohibited landscaping removed and replaced with approved landscaping pursuant to the provisions of this Ordinance within four (4) years of the date of enactment hereof. The removal of prohibited landscaping as provided in this subsection shall not apply to the prohibited landscaping existing on single family lots or duplex lots lying within R-1, R-].A 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. 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: 3 FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Ordinance duly passed and adopted this day of ,• 1992. MAYOR OF TEQUESTA Earl L. Collings ATTEST: Village Clerk JCR\13153DRD\LANDSCAP.oRD 4 ORDINANCE NO. AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEOUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING ZONING ORDINANCE NO. 355, AS AMENDED, BY AMENDING SECTION 1 XVI, UNIFORM WATERWAY CONTROL, BY ADDING NEW SUBSECTIONS (C), (D), (E) AND ( F) AND BY CHANGING EXISTING. SUBSECTION (C) TO BE IDENTIFIED AS SUBSECTION (G); PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. Section XVI, Subsection (C), Variance Criteria of the Official Comprehensive Zoning Ordinance of the Village of Tequesta. Ordinance No. 355, as amended, is hereby amended by changing the identification of Subsection i (C) to read Subsection (G), as follows: (G) Variance Criteria. Section 2. Section XVI of the Official Comprehensive Zoning Ordinance of the Village of Tequesta, Ordinance No. 355, as amended, is hereby amended by adding new Subsections (C), (D), (E) and (F), as follows: (C) Commercial Docks. ( 1) No commercial docks shall be permitted within the R-1, R-1A and R/OP districts. (2) Docks, piers, mooring devices and seawalls located within the single-family dwelling districts R-1, and R-1A shall be for single- family use only. (D) Boathouses or shelters. ( 1) No boathouse or enclosed boat shelter shall be permitted to be located waterward of a seawall or mean high water line, whichever is applicable. ( E) Anchoring or mooring of vessels. ( 1) No person shall anchor, moor or park or cause, permit or allow any other person under his or her control or command, to anchor, moor or park any vessel or water craft of any description used or capable of being used as a means of transportation on water, within the R-1 and R-1A single-family dwelling districts, for a period of time in excess of seventy-two (72) continuous hours during any consecutive thirty day period, unless such vessel or water craft is located at an approved dock and with the consent of the owner of such approved dock. (2) The anchoring, mooring or parking of vessels or water craft in all districts shall be at an approved dock, pier or seawall and attached or secured by approved methods and/or devices. ( F) Discharge of refuse. ( 1) No person shall discharge, or permit or allow any other person on a vessel or water craft under his or her control or command to discharge, any human or animal excreta from any head, toilet or similar facility on any vessel or water craft, or throw, discharge, deposit or leave, or cause or permit to be thrown, discharged, deposited or left, from any vessel or water craft any refuse matter of any description into the waters located within the area to which this ordinance applies. Section 2._. 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 3. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Village of Tequesta. Section 4. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, 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: FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Ordinance duly passed and adopted this day of 1992. MAYOR OF TEQUESTA - i Earl L. Collings ATTEST: Village Clerk page 2 • ORDINANCE NO.___ _ •. 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, SUBSECTION ( A), GENERAL PROVISIONS, PARAGRAPH ( 1), MISCELLANEOUS STRUCTURES, BY AMENDING SUB-PARAGRAPH (c), WALLS AND FENCES, • ETC. ; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section_1, Section X, Subsection (A), Paragraph ( 1)(c) of the Official Zoning Ordinance of the Village of Tequesta, Ordinance No. 355, as amended, is hereby amended to read as follows: (c) Walls and fences may be erected or maintained within or adjacent to a property line to a height not exceeding six feet (6' ). No wall or fence shall be permitted to extend forward of the building front on any lot or parcel. However, in the event that a wall, fence, or hedge is erected or located on a corner lot or a double frontage lot, a vehicular and pedestrian visibility triangle of a size and dimension which complies with the current ,traffic engineering standards of the American Association of State Highway and Transportation Officials (AASHTO), and Palm Beach County shall be provided for in both directions from the intersecting corner point of property • lines. .The maximum height of any wall, fence, or , hedge within said visibility triangle shall be two and one-half feet (2 1/2' ). Section 2. 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 3. Codification. This Ordinance' shall be codified and made a part of the official Code of Ordinances of the Village of Tequesta. Section 4. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, 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: FOR ADOPTION AGAINST ADOPTION • • The Mayor thereupon declared the Ordinance duly passed and adopted this day of 1992. ' I MAYOR OF TEQUESTA • I Earl L. Collings ATTEST: • Village Clerk • • • ' I ` - I page 2 • • ORDINANCE NO. AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEOUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING ZONING ORDINANCE NO. 355, AS AMENDED, BY AMENDING SECTION X, SUPPLEMENTAL REGULATIONS, SUBSECTION ( H), LAND- • SCAPING, BY AMENDING PARAGRAPH ( 2)( c)9. , AND I SUBSECTION ( P), UTILITY SERVICES, BY ADDING A NEW PARAGRAPH ( 3); BY AMENDING SECTION XV, FLOOD HAZARD I AREAS, SUBSECTION 61), COASTAL HIGH HAZARD AREA, BY 1 AMENDING PARAGRAPH ( 1), AND BY AMENDING PARAGRAPH (2) i • BY ADDING A NEW SUB-PARAGRAPH (o); PROVIDING FOR I SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS 1 FOLLOWS: Section 1. Section X, Subsection (H), Paragraph . ( 2)( c)9. of the Official Zoning Ordinance of the Village of 1 Tequesta, Ordinance No. 355, as amended, is hereby amended to read as follows: 1 9. Tree Protection. Whenever appropriate, existing trees shall be conserved and integrated into the 1 approved landscaping design plan. Along with the submission of the landscape plan, a tree inventory survey shall be submitted which sets forth in detail the landscaping existing on the property prior to development. Said survey shall 1 be accomplished by a registered land surveyor and shall reference all trees of three inches ( 3") in diameter or greater. All mangrove areas within I the Village shall be conserved and the removal or destruction of mangroves shall be prohibited. See Chapter 14 of the Village Code of Ordinances I • for additional mangrove protection requirements. I Section 2. Section X, Subsection (P), of the Official Zoning Ordinance of the Village of Tequesta, Ordinance No. 355, as amended, is hereby amended, by adding . new Paragraph (3) to read as follows: ( 3) Public works projects and facilities shall not disturb mangrove areas within the Village except where such work is essential to the continued health, safety and welfare of the public (subject to other agency approvals, if required). Section 3_ Section XV, Subsection (J), Paragraph ( 1) of the Official Zoning Ordinance of the Village of Tequesta, Ordinance No. 355, as amended, is hereby amended to read as follows: • ( 1) Located within the flood hazard areas established l in this Section are areas designated as coastal I high hazard areas and coastal construction zone ; areas. The coastal high hazard areas (Zones V & 1 • VI-30) are referenced in this Ordinance and the regulations governing are as required by the I • Federal Emergency Management Agency National Flood Insurance Program. The .coastal high hazard areas are designated by the Village as "limited- 1 urban service areas" where the level of facilities and services . provided by the Village shall be limited to those currently provided. i • The coastal construction zone (entire barrier island within the corporate limits of the Village of Tequesta) as referenced, and the regulations governing, are as provided for in the Coastal Construction Code as required by the State of Florida. In the event of a conflict between these Sections, Ordinances or Codes and any other Sections, Ordinances or Codes, as adopted by the. Village of Tequesta, the more restrictive requirements shall apply. Section 4. Section XV, Subsection ( J), Paragraph (2) of the Official Zoning Ordinance of the Village of Tequesta, Ordinance No. 355, as amended, is hereby amended by adding new Sub-paragraph (o) to read as follows: (o) Residential development and/or redevelopment shall be prohibited within the coastal high hazard areas of the Village (Zones V & VI-30). Section_ 5. Severabil ity. 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 6. Codification. This Ordinance shall be . I codified and made a part of the official Code of Ordinances of the Village of Tequesta. Section 7_. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, 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: FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Ordinance duly passed and adopted this _ day of 1991. MAYOR OF TEQUESTA • I Earl L. Collings ATTEST: Ii • Village Clerk • • ORDINANCE NO. 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 REGULATIONS, BY AMENDING SECTIONS ( 1)(d).( 2)(d) AND • ( 3)( d) BY ADDING DAYCARE FACILITIES, FOSTER CARE FACILITIES AND GROUP HOMES AS SPECIAL EXCEPTION USES IN THE R-lA AND R-1, SINGLE-FAMILY DWELLING DISTRICTS AND BY ADDING FOSTER CARE FACILITIES AND GROUP HOMES AS SPECIAL EXCEPTION USES IN THE R-2, MULTIPLE-FAMILY DWELLING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. • NOW. THEREFORE. BE IT ORDAINED BY THE VILLAGE COUNCIL OF ' THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, as follows: Section 1. Section VII. Subsection ( D), Paragraph ( 1)( d) of the Official Comprehensive Zoning Ordinance of the Village of Tequesta. Ordinance No. 355, as amended, is hereby amended by adding new special exception uses 5. , 6. and 7. as follows: ( d) Special Exceptions. 5. Day care facilities. As may be required, regulated and licensed' by applicable State Statutes and agencies. • 6. Foster care facilities. As may be required, regulated and licensed by applicable State Statutes and agencies. 7. Group homes. As may required. regulated and licensed by applicable State Statutes and agencies. Section 2. Section VII, Subsection CD), Paragraph (2)(d) of the Official Comprehensive Zoning Ordinance of the Village of Tequesta. Ordinance No. 355, as amended, is hereby amended by adding new special exception uses 4. . 5. and 6. as follows: • (d) Special Exceptions. 4. Day care facilities. As may be required, regulated and licensed by applicable State. Statutes and agencies. 5. Foster care facilities. As may be required. regulated and licensed by applicable State Statutes and agencies. 6. Group homes. As may be required, regulated and licensed by applicable State Statutes and agencies. • Section_3. Section VII, Subsection (D), Paragraph (3)(d) of the Official Comprehensive Zoning Ordinance of the Village of Tequesta. Ordinance No. 355, as amended, is hereby amended by adding new special exception uses 9. and 10. as follows: ' I 1 ( d) Special Exceptions. 9. Foster care facilities. As may be required, regulated and licensed by applicable State Statutes and agencies. 10. Group homes. As may be required, regulated and licensed by applicable State Statutes and agencies. Section_4. 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 or section of this Ordinance shall be declared unconstitutional or otherwise invalid by the valid Judgement or decree of a court of competent Jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance. Section5. Permission to codify this Ordinance is hereby granted. Section 6. 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: FOR ADOPTION AGAINST ADOPTION _ I The Mayor thereupon declared the Ordinance duly passed and adopted this day of _—__—•—___________—_, 1992. MAYOR OF TEQUESTA Earl L. Collings ATTEST: Joann Manganiello, Village Clerk • ORDINANCE NO. .. AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF i TEQUESTA, PALM BEACH COUNTY, FLORIDA. AMENDING ZONING ORDINANCE NO. . 355, AS AMENDED, BY AMENDING SECTION VII, SCHEDULE AND APPLICATION OF REGULATIONS, I SUBSECTION ( D), SCHEDULE OF DISTRICT AND USE I 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 STATIONS OR GAS STATIONS, BY DELETING PARAGRAPH ( 2)( a) THROUGH ( 1), INCLUSIVE; SUBSECTION CM), SITE PLAN; PREREQUISITE TO BUILDING PERMIT ISSUANCE, BY DELETING PARAGRAPH ( 4), APPLICATION PROCESS. REQUIREMENTS (a) THROUGH (f) AND BY ADDING NEW I REQUIREMENTS (a) THROUGH ( i); AMENDING SECTION XII, i SIGN REGULATIONS, SUBSECTION (J), GENERAL 1 REQUIREMENTS, PARAGRAPH (2), BY ADDING A NEW REQUIREMENT ( f). AND SUBSECTION (K), TECHNICAL - REQUIREMENTS. PARAGRAPH (2), SIGNS IN ZONED COMMERCIAL DISTRICTS C-1, C-2 AND 'C-3, SUBPARAGRAPH , (b), . FREE—STANDING SIGNS, BY ADDING A NEW REQUIREMENT ' 4.e; AMENDING SECTION XIV, NON-CONFORMING USES, SUBSECTION ( A), BY AMENDING PARAGRAPH (8), SWIMMING POOL ENCLOSURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE i DATE. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL I OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, ,AS I. FOLLOWS: • Section1. Section VII. Subsection (D), Paragraph (6)(d) 11. of the Official Comprehensive Zoning Ordinance of 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: I i a. Full service fuel stations or gas stations ; shall be located fronting along U.S. Highway I One. b. Full service fuel stations or gas stations shall be located a minimum of five hundred I 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 1 residential district. e. A minimum six inches (6") in height raised . curb shall be required at all right—of—way 1 lines, except at approved access driveway openings. i 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 q. of this Section. Curb openings shall be limited to two ( 2) per street frontage. • q. Where two ( 2) curb openings are providing access to a single street, they shall be j separated by an approved landscape island, ten feet ( 10' ) in width and twenty-five feet 1 ( 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. 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 i adjoining property and a minimum of twenty- 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. 1. 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. k. The selling, renting or leasing of new and/or used motor vehicles, trailers or recreational vehicles is prohibited. 1. Automotive repair work, servicing or facilities for same is prohibited. 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, is 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 j Regulations of the Zoning Code, except as provided for in Paragraph e. of this Section. Curb openings shall be limited to two ( 2) per street frontage. e. Where two ( 2) curb openings are providing access to a single street, they shall be i 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. g. 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 vehicles is prohibited. j. 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. Sect_i_on _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: (a) A pre-application submittal meeting shall be held with the applicant and his design team and the Building Official and his development staff. ( 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 ; to the Community Appearance Board for their i. review and approval. (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 ensure compliance with the applicable site I regulations, use regulations, parking regulations, and all other technical requirements. If the application is deemed 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. • ( d) Review by Village Council. Within thirty ( 30) days of receipt of the application, with Community Appearance Board approval letter, and all required plans, exhibits and support documents from the Building Official, the1 Village Council shall review, consider and ! act upon said application. ( e) Action by Village Council. After review, the ! Village Council shall grant approval, grant approval with conditions, or deny the ! application and direct the Building Official ! to approve - or 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 plan approval or said approval shall be nullified. In the case of a site plan which provides for development phases over a period r of years, the Village Council shall set forth .� time within which application for building permit on each phase shall be filed. In the • event that building permits are not filed within the required times, the approval shall terminate and be deemed null and void unless 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 administrative costs incurred by the Village in the site plan review process, the applicant shall, upon submittal of 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. 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 costs prior to the processing of the application or not later than thirty (30) days after final application approval whichever is determined as appropriate by the Building Official. Section 5. Section XII, Subsection (J), Paragraph (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 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. ' I 3. Monument sian: one ( 1) ground based monument sian 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 ( 20 sq. ft. ) and have uniformity with respect to style, color and sign material. Sect.ion_6. Section XII, Subsection (K), Paragraph (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 (b)(4)e. as follows: (2) Signs in zoned commercial districts C-1, C-2 and C-3: (b) Free-standing signs: 4. Additional free-standing signs shall be permitted in shopping centers within the C-2, Community Commercial District, having O.S. Highway One frontage under conditions as follows: 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 square feet (20 sq. ft. ) in area, nor exceed four feet (4' ) in height from finished grade and have a minimum setback of ten feet ( 10' ) in accordance with Subsection ( I) of this Section. Said signage shall be located to delineate the main entrance way 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/or by the Village Council whenever the same is considered desirable by either body. Sect ion. 7. 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. • i • Section 8. 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 or section of this Ordinance shall be declared unconstitutional or 'otherwise invalid by the valid' Judgement or decree of a court of competent Jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance. Section-9. Permission ;to codify this Ordinance is hereby granted. Section 10. This Ordinance shall take effect immediately upon its passage and approval. ' I 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: • FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Ordinance , duly passed and adopted this —__•__ day of ___ —___—_ 1992. • MAYOR OF TEQUESTA • . i Earl L. Collings ATTEST: • Joann Manganiello, Village Clerk •