HomeMy WebLinkAboutDocumentation_Regular_Tab 4B2_9/28/1995 •
Memorandum
To: Thomas G. Bradford, Village Manager
From: Scott D. Ladd, Building Official ,ZW'
Dale: 09.,21,1995
Subject: Second Reading of Draft Ordinances and Amended Draft
Ordinances Amending the Zoning Ordinance, Ordinance 355,
as Amended
Tom, attached are eighteen (18) sets of packets containing the draft ordinances for second
reading of same and first reading of others at the September 28, 1995 Council meeting. Three of
the nine ordinances that were presented for first reading on September 14, 1995 have been
amended as directed by the Village Council at the first reading, five of the draft ordinances were
approved on first reading, as submitted for review, and one of the ordinances, the one regarding
the Board of Adjustment, was to be revised by the Village Attorney. The draft ordinances are as
follows:
1. Draft ordinance amending the Off-Street Parking and Loading Regulations -
approved as submitted at first reading.
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2. Draft ordinance creating new Section X, (R), Multi-family Recyclable Material
Facilities- modified at first reading by adding sub-paragraph (j), Exemptions, and
amended same to add language suggested by the Village Attorney.
3. Draft ordinance amending Section X, Supplemental Regulations - modified at
first reading by adding an exemption for government facilities.
4. Draft ordinance amending the Sign Regulations regarding political signs -
approved as submitted at first reading.
5. Draft ordinance amending the MU, Mixed-Use district requirements in order to
address some housekeeping matters- approved as submitted at first reading.
6. Draft ordinance amending Section X, (M), Site Plan review process - modified at
first reading to include language that gives Council right to defer approval of an
application.
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7. Draft ordinance amending Section XIV, Non-Conforming Uses, to allow R-3
district structures to be reconstructed in the event of a natural disaster, etc. where
the damage may exceed 50% of assessed value -approved as submitted at first
reading.
8. Draft ordinance amending Section XIII, Board of Adjustment- tabled at first
reading with direction given to the Village Attorney to come back with a revised
draft ordinance that assigns certain variance requests to the current Board of
• Adjustment and other variance requests to the Village Council as determined by
zoning district.
9.
Draft ordinance creating new Section X,(S), Home Occupations-modified at _
first reading by shortening the list of"home occupation" uses, and by adding in
an annual Fire Department inspection of premises where a home occupation
permit has been issued.
SDL:pm
Attachments
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 APPLYING TO A SPECIFIC, TO
SEVERAL OR TO ALL DISTRICTS, BY ADDING A NEW SUB-SECTION
(R), MULTI-FAMILY RECYCLABLE MATERIAL FACILITIES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR 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. Ordinance No. 355, as amended, the Comprehensive Zoning
Ordinance of the Village of Tequesta, is hereby amended at Section X, by adding a new
sub-section (R), multi-family recyclable materials facilities,to read as follows:
(R) Multi-family recyclable materials facilities.
(1) Recyclable material collection and storage areas shall be provided on-site
at all multi-family developments with ten (10)or more units, in accordance
with the following requirements and/or standards:
(a) Collection and storage facilities shall be in accordance with any
specific requirements of the Palm Beach County Solid Waste
Authority, the Village's franchise recycling service provider and these.
requirements and/or standards as set forth herein.
(b) Location. Recyclable material collection and storage areas shall
be located within the building containing the multi-family dwelling
units or within an accessory building such as a parking structure or
within or adjacent to the disposable material dumpster area used by
the residents.
(c) Access. Access to recyclable material collection and storage
areas shall be designed so as to not require unnecessary turning or
backing movements by pick-up and removal.vehicles.
(d) Setback. The minimum setback for recyclable material collection
and storage structures shall be as required for accessory buildings or
structures as set forth in the zoning district schedule of site
regulations at Section VII, (C), in the Zoning Ordinance.
(e) Screening. All recyclable material collection and storage areas
shall be properly screened from view by a solid opaque enclosure
constructed of brick,concrete, concrete block and stucco, or other
decorative masonry or comparable wood, consistent with the
architectural character or style of the development or principal
building(s). If gates are used they shall meet the requirements of the
Village franchise service provider. All exterior sides of such
enclosures, except the open end, shall be landscaped with minimum
twenty-four(24) inch high plant material spaced a maximum of
twenty-four(24) inches on center at time of planting. The type of
plant material shall meet the requirements of the Village's Landscape
Code as set forth at Section X, (H) in the Zoning Ordinance.
(f) Storage Area. The required collection and storage area(s) or
structure(s) shall be sized to properly handle the volume of
recyclable materials anticipated to be generated by the multi-family
development.
(g) Alternative Compliance. Applicants shall be entitled to
demonstrate that recyclable material storage space needs can be
effectively met through an alternative recyclable materials collection
and storage plan. An alternative plan shall be reviewed by the solid
waste authority,the Village's franchise service provider and the
Village, and if approved, shall be substituted for a recyclable materials
storage and collection plan meeting the express collection and storage
area requirements and standards of this section.
(h) Review. Recyclable material collection and storage area plans
shall be reviewed by the Village as part of the Site Plan Review
process as set forth at Section X, (M) of the Zoning Code.
(i) Retrofitting of existing multi-family developments. The retrofitting
of existing multi-family buildings and developments to comply with the
requirements and standards of this section shall be encouraged. In
order to encourage retrofitting, existing multi-family buildings or
developments may convert existing off-street parking spaces to
accommodate a recyclable material storage structure meeting the
requirements of this section and, additionally,in accordance with the
following standards:
(1) Number of parking spaces to be converted. The number of
existing off-street parking spaces converted shall not exceed the
minimum number of collection and storage areas necessary to
properly meet the anticipated recycling needs of the
multi-family development.
(2) Automatic waiver. The conversion of existing off-street
parking spaces to accommodate recyclable material collection
and storage areas pursuant to the requirements and standards
of this section shall be permitted by-right,without resort to the
Board of Adjustment.
(j) Exemptions. Multi-family developments in existence at the date of
the adoption of this Ordinance that receive curbside recyclable
materials collection service on at least a weekly basis shall be exempt
from the standards of this section.
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.
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Section 3. 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 4. Codification. This Ordinance shall be codified and made a part of the
official Code of Ordinances of the Village of Tequesta.
Section 5. Effective Date. This Ordinance shall take effect immediately upon its
passage and approval, as provided by law.
THE FOREGOING ORDINANCE was offered by Council member
, who moved its adoption. The Ordinance was seconded by
Council member and upon being put to a vote, the vote was as
follows:
FOR ADOPTION AGAINST ADOPTION
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The Mayor thereupon declared the Ordinance duly passed and adopted this
day of , 1995.
MAYOR OF TEQUESTA
Ron T. Mackail
ATTEST
Village Clerk
?AGk✓f' -idA OKP 'of
QeACA e'nl1r ede
.<TTCLE 6: ZONING DISTRICTS Sec. 6.6 Supplementary Reeularions
c. The stored merchandise shall be within an area surrounded by •walls or
buildings, and shall not protrude above the height of the enclosing walls or
buildings.
d. Outdoor storage of material used for road construction when:
(1) the lot is directly adjacent to the roadway under construction;
(2) the material is stored for no longer than 90 days unless approved by the
Zoning Director for a period not to exceed an additional 90 days;
(3) the lot meets the requirements of Section 7.5, Vegetation Preservation
and Protection.
4. Fuel, gas, or chemical storage tanks. Fuel, gas or chemical storage tanks accessory to
a primary commercial or industrial use which stores fuel, gas or chemicals which is sold
to the public (retail) shall be reviewed by the Development Review Committee. To
ensure compatibility with surrounding land uses, adequate setbacks, fencing, and
screening around the perimeter of the storage tanks shall be required at the time the'
structure is approved. Fuel,gas or chemical storage tanks that are a primary use shall be
subject to regulations of the district.
5. Dumpsters. Outdoor collection stations shall be provided for garbage and trash removal
when individual collection or indoor storage is not provided. All areas,or receptacles for
the storage and disposal of trash, garbage or vegetation, such as dumpsters and trash
compactors, shall meet the following standards. These provisions shall not apply to litter
containers provided for the convenience of pedestrians.
a. Access. Access to indoor or outdoor collection stations shall be such that the
removal vehicle need not make unnecessary turning or backing movements.
b. Setback. The minimum setback for dumpsters from property in a residential
district or from other residential property lines shall be.twenty-five(25) feet.
c. Screening. All dumpsters or receptacles for the storage and disposal of trash or
garbage shall be screened by a solid opaque enclosure constructed of brick,
concrete, concrete block, or other decorative masonry, or comparable wood or
steel, consistent with the architectural character of the development or principal
building.The open end of the enclosure shall have an obscure, opaque gate. All
exterior sides of such enclosures, except the open end, shall be landscaped with
shrub material, a minimum of twenty-four (24) inches in height,_ spaced
twenty-four(24)inches on center at planting, or an alternative acceptable to the
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Zoning Division.
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6. Multi-family recyclable material storage areas. Recyclable material collection and
storage areas shall be provided on the site of all multi-family developments that include
ten (10) or more dwelling units, in accordance with the following standards.
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LAND DEVELOPMENT CODE PALM BEACH COUNTY, FLORIDA
SUPPLEMENT 1 -EFFECTIVE FEBRUARY 16,1993 6-191
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.t277CLE 6: ZONING DISTRICTS See. 6.6 Supplementary Rev,!aribns
a.( ) Exemptions. Multi-family developments that receive curbside recyclable
materials collection service on at least a weekly basis shall be exempt from the
standards of this section.
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b. Location. Recyclable material collection and storage areas shall be located
within the building containing the multi-family dwelling.units or within or
adjacent to the disposable material dumpster area used by residents of the multi-
family development.
c_ Access. Access to recyclable material collection and storage areas shall be
• • designed so as not require unnecessary turning or backing movements by pick-up
• and removal vehicles.
d. Setback. The minimum setback for recyclable material collection and storage
areas that are located on the exterior of buildings shall be twenty-five(25) feet •
from residential districts or residential properties.
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e. • Screening. All recyclable material collection and storage areas that are located
on the exterior of buildings shall be screened by a solid opaque enclosure
constructed of brick, concrete, concrete block,.or other decorative masonry, or
comparable wood or steel, consistent with the architectural character of the
development or principal building. The open end of the enclosure shall have an
• obscure, opaque gate. All exterior sides of such enclosures,except the open end,
shall be landscaped with twenty-four (24) inch high shrub material spaced
twenty-four(24)inches on center at planting,or an alternative acceptable to the
Zoning Division. ---
f. Storage area. The following minimum recyclable material storage area
standards shall apply to multi-family developments.
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: ;; Number':of Dwelling:Units Minimum Storage (Floor) Area
10 - 30 40 square feet
31 - 99 100 square feet
100 -159 160 square feet
160 -240 240 square feet
240 square feet, plus one (1)
over 240 square foot per dwelling unit for
each dwelling unit over 240.
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LAND DEVELOPMENT CODE PALM BEACH COUNTY, FLORIDA
SUPPLEMENT 1 -EFFECTIVE FEBRUARY 16, 1993 • 6-192
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,R77CLE 6: ZONING D/S7RIC1S Sec. 6.6 Supplementary Regulations
g. Alternative compliance. Applicants shall be entitled to demonstrate that
recyclable material storage space needs can be more effectively met through an
Alternative Recyclable Materials Collection and Storage Plan. An Alternative
Recyclable Materials Collection and Storage Plan shall be reviewed by the Solid
Waste Authority,and, if approved,shall be substituted for a recyclable materials
storage and collection plan meeting the express storage area standards of this
section.
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h. Review. Recyclable material storage and collection area plans shall be reviewed
by the Development Review Committee pursuant to Sec. 5.6. Information •
necessary to evaluate proposed plans for compliance with the standards of this
section shall be shown on the site plan.
i. Retrofitting of existing multi-family developments.The retrofitting of existing
multi-family developments to comply with the standards of this section shall be
encouraged. As a means of encouraging retrofitting, developers shall be entitled
to convert existing off-street parking spaces to accommodate a recyclable
material storage area in accordance with the following standards.
(1)(1) Number of spaces to be converted. A maximum of one (1) existing
off-street parking space may be converted to accommodate each one
hundred eighty (180) square feet of recyclable material storage and
collection area or fraction thereof that is provided on the exterior of a
building.Conversion of off-street parking spaces to accommodate more
recyclable materials collection and storage area than specified in Sec.
6.6 (Storage area) shall be prohibited.
(2) Automatic waiver.The conversion of existing off-street parking spaces
to accommodate recyclable material storage and collection areas
pursuant to the standards of this section shall be permitted by-right,
without resort to the Board of Adjustment.
7. Accessory outdoor recreation. Accessory outdoor recreational facilities primarily
designed and intended for use by occupants of a residential or nonresidential development
and their guests shall be subject to the following supplementary regulations.
a. Setbacks. No outdoor accessory recreational facility shall be located within one
hundred (100) feet of any property line abutting a residential district.
b. Screening. A landscape screen of at least seventy-five(75)percent opacity shall
be required around an outdoor accessory recreational facility if 'deemed
necessary to ensure compatibility with surrounding uses.
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LAND DEVELOPMENT CODE PALL!BEACH COUNTY, FLORIDA
SUPPLEMENT 1-EFFECTIVE FEBRUARY 16, 1993 6-193
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( (i) Exemptions. Multi-family developments that receive curbside recyclable
materials collection service on at least a weekly basis shall be exempt from the
standards of this section.
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