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Home My WebLink AboutDocumentation_Regular_Tab 4B3_9/28/1995 r. , • Memorandum To: Thomas G. Bradford, Village Manager From: Scott D. Ladd, Building Official AV r . 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. 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. Pt. 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 3 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 AMENDING SUB-SECTION (A), GENERAL PROVISIONS, PARAGRAPH (1), MISCELLANEOUS STRUCTURES, SUB-PARAGRAPH (b), BY REWRITING SAID SIB-PARAGRAPH TO INCLUDE LANGUAGE REGARDING EIGHTEEN INCH (18") OR LESS IN SIZE SATELLITE ANTENNA SYSTEMS; BY AMENDING SUB-SECTION (E), SWIMMING POOL REGULATIONS, PARAGRAPH (5) BY REWRITING THE PARAGRAPH TO REFERENCE THE STANDARD SWIMMING POOL CODE, LATEST ADOPTED EDITION; BY AMENDING SUB-SECTION (M), SITE PLAN; PREREQUISITE TO BUILDING PERMIT ISSUANCE, PARAGRAPH (1), SITE PLAN REVIEW, SUB-PARAGRAPH (h), BY ADDING REVISED LANGUAGE TO THE LEVEL OF SERVICE STANDARDS IN ITEM 1., TRAFFIC; 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, sub-section (A), paragraph (1), sub-paragraph(b), by rewriting sub-paragraph to read as follows: (b) Broadcast receiving antenna or communication antenna heights and locations shall be as follows: (1) Ground-mounted antennas of any type shall not exceed forty (40)feet above grade within any zoning district. (Government facilities are exempt from this provision subject to Village Council approval.) (2) Roof-mounted antennas of any type shall not exceed twenty (20)feet above the roof line of any on-site building, which may be located upon the particular property or parcel of land. (Government facilities are exempt from this provision subject to Village Council approval.) (3) Off-site.locations of any antenna(s) regardless of type,size, placement or method of attachment shall be prohibited, except for those antennas which are owned and operated by a governmental agency, approved by a governmental agency,or are operated for a governmental use, subject to Village Council approval. Said antenna(s) as described herein shall also be subject to the provisions of sub-section (0) of this section, with the exception of satellite antennas, eighteen inches (18") or less in diameter,which shall be exempt from these regulations, providing that said satellite antenna is not located forward of a building front or exposed to view from a public right-of-way. Section 2. Ordinance No. 355, as amended, the Comprehensive Zoning Ordinance of the Village of Tequesta, is hereby amended at Section X, sub-section (E), paragraph (5), by rewriting the paragraph so as to read as follows: (5) All pools shall be enclosed and protected by a child resistant barrier meeting the requirements set forth in the latest adopted edition of the Standard Swimming Pool Code. Section 3. Ordinance No. 355, as amended, the Comprehensive Zoning Ordinance of the Village of Tequesta, is hereby amended at Section X, sub-section (M), paragraph (1), sub-paragraph (h), item number 1., Traffic, by rewriting item No. 1. so as to read as follows: 1. Traffic: (Roads and Rights-of-Way) (LOS) (LOS) Roadway Type Standard Peak Collectors (Except for Country Club Drive % and Seabrook Road which shall be): C C Urban Minor Arterial Urban Principal Arterial C D Section 4. Severability. If any provision of this Ordinance or the application J 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. Repeal of Ordinances in Conflict. All other ordinances of the Vir/ of Tequesta, Florida, or parts thereof which conflict with this or any part of this Ordis are hereby repealed. Section 6. Codification. This Ordinance shall be 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 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 The Mayor thereupon declared the Ordinance duly passed and adopted this day of , , 1995. MAYOR OF TEQUESTA Ron T.Mackail ATTEST Village Clerk 154C,Al2 ?" £ZIZ *- 3 L'✓r, cn Sec.X TEQUESTA CODE Sec.X SECTION X. SUPPLEMENTAL REGULATIONS APPLYING TO A SPECIFIC, TO SEVERAL OR TO ALL DISTRICTS The district regulations of this zoning ordinance shall be sub- ject to the following provisions and exemptions: (A) General Provisions, (1) Miscellaneous structures: (a) Chimneys;water tanks, elevator lofts, church spires, flag poles and parapet walls may be erected above the height \ limits established by this zoning ordinance. l(b) Broadcast receiving antenna or communication antenna heights and locations shall be as follows: (1) Ground-mounted antennas of any type shall not ex- ceed forty(40)feet above grade within any zoning dis- trict. (2) Roof-mounted antennas of any type shall not exceed twenty(20)feet above the roof line of any on-site build- ing, which may be located upon the particular prop- erty or parcel of land. , (3) Off-site locations of any antenna(s)regardless of type, size, placement or method of attachment shall be pro- hibited, except for those antennas which are owned and operated by a governmental agency,approved by a governmental agency, or are operated for a govern- mental use. Said antenna(s)as described herein shall also be subject to the provisions of subsection(0)of this section. (c) Walls and fences may be erected or maintained within or adjacent to a property line to a height not exceeding six(6) feet. 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 living hedge is erected or lo- cated 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 stan- dards of the American Association of State Highway and Supp.No.24 1168 Sec.X APPENDIX A—ZONING Sec.X - (4) All sale sites shall be left in a clean and orderly manner upon completion of said sales activities. (E) Swimming Pool Regulations. (1) No swimming pool shall be located, designed, operated or maintained so as to interfere unduly with the enjoyment of the property rights by owners of property adjoining the swimming pool. (2) Lights used to illuminate any swimming pool shall be so arranged and shaded as to reflect away from adjoining premises. (3) All applicable setbacks for open swimming pools may be reduced by up to three(3)feet of the established setback required by the zoning district in which the pool is located,,as set forth on the schedule of site regulations. All applicable setbacks for swim- -ming pools which are covered or enclosed shall meet the required setbacks of the zoning district in which the pool is located,as set forth on the schedule of site regulations.For purposes of measur- ing setback requirements, all setback measurements for open swimming pools shall be taken from the closest point of the water's edge;for covered or enclosed swimming pools,all setback measurements shall be taken from the closest point of the cover, enclosure, and/or structural framing. (4) Swimming pools shall be located on the same lot or parcel of land as that of the main building. In the event,of contiguous lots or parcels, a unity of title shall be recorded prior to issuance of a building permit for either a main building or an accessory N structure which would cross lot lines: `'— (5) All pools shall be enclosed by a self-locking,child resistant fence,wall or equivalent barrier at least four(4)feet high,and in no event shall a pool be exposed to open view from any public roadway. (6) No above-ground pools of any nature shall be permitted in any zoning district. Any pool constructed or assembled of any material and whose top edge exceeds two(2)feet in height above the average finished grade of the lot or site shall be considered an above ground pool Supp.No.23 1173 Sec.X APPENDIX A—ZONING Sec.X (h) All new development and/or redevelopment must provide the necessary infrastructure to meet the following level-of- service standards.Each application submitted pursuant to this subsection shall be required to provide a certification from a licensed engineer in the State of Florida that the proposed development and/or redevelopment meets or ex- ceeds the level-of-service standards for the listed infrastruc- V ture as follows: 1. Traffic: (LOS) (LOS) Roadway Type Standard Peak Collector C D Urban minor arterials C D Principal arterials C D 2. Sanitary sewer: _ Maximum Monthly Maximum Category Daily Flow (MMDF)Daily Flow (MSF) Residential 73.1 gallons/ 78.8 gallons/ capita/day capita/day Nonresidential 431 gallons/ 464.9 gallons/ acre/day acre/day / 3. Drainage: Public drainage facilities level of service standard of a three-year frequency, twenty-four-hour duration storm event is hereby adopted, and shall be used as the basis of estimating the availability of ca- pacity and demand generated by a proposed develop- • ment project.As a general drainage requirement,each proposed project and/or site must maintain ninety-five (95) percent of all storm water runoff on site. 4. Potable water: The following potable water level of service standards are hereby adopted and shall be used as the basis for estimating the availability of facility • capacity and demand generated by a proposed devel- opment project: Supp.No.21 1188.1