HomeMy WebLinkAboutDocumentation_Regular_Tab 4B5_9/28/1995 JJL5
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Memorandum
To: Thomas G. Bradford, Village Manager
From: Scott D. Ladd, Building Official ,ZUr/
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.
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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.
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Attachments
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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 OF REGULATIONS AND APPLICATION OF
REGULATIONS, SUB-SECTION (D), SCHEDULE OF DISTRICT AND
USE REGULATIONS, PARAGRAPH(9), MU MIXED-USE DISTRICT
SUB-PARAGRAPH (i), SPECIAL EXCEPTION USES, BY ADDING A
NEW SPECIAL EXCEPTION USE, PRIVATE SCHOOLS/SCHOOLS OF
INSTRUCTION; BY AMENDING (m), PROPERTY DEVELOPMENT
STANDARDS, BY AMENDING THE PARKING REQUIREMENTS AND
REFERENCING LANDSCAPING REQUIREMENTS AND SIGNAGE
REQUIREMENTS; 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 VII, sub-section (D),
paragraph (9), sub-paragraph (i), Special exception uses, by adding a new special exception
use, Private schools/schools of instruction, numbered 5 and renumbering subsequent uses as
follows:
(i). Special exception uses.
1. Restaurants (including carry-out).
2. Public buildings and facilities.
3. Church/house of worship.
4. Civic/cultural/institutional.
5. Private schools/schools of instruction.
6. Bed and breakfast.
7. Hotel.
8. Adult congregate living facility(ACLF).
9. Gasoline service station (only fronting on U.S. Highway One).
10. Private clubs.
11. Railway station.
12. Planned residential development(PRD).
13. Planned commercial development(PCD).
14. Permitted uses numbers, 4, 5,6,7 and 8 in excess of three thousand
five hundred (3,500)square feet(large scale retail sales and service)
which are in conformity with the intent and integrity of the district.
Section 2. Ordinance No. 355, as amended, the Comprehensive Zoning
Ordinance of the Village of Tequesta, is hereby amended at Section VII, sub-section (D),
paragraph (9), sub-paragraph (m), Property development standards, by rewriting Item 1.,
Parking requirements,to read as follows:
1. Parking requirements. On-street and off-street parking shall be allowed
within the Mixed-Use District. The minimum number of required parking
spaces to be provided shall be determined from Section VII,(H), off-street
parking space requirements,and may include a combination of on-street
and off-street spaces. When using on-street parking to meet a portion of the
required parking for a proposed project,only those spaces that lie within
the street frontage areas of the property may be included in the total
calculations for meeting the minimum required parking requirements.
Section 3. Ordinance No. 355, as amended, the Comprehensive Zoning
Ordinance of the Village of Tequesta, is hereby amended at Section VII, sub-section (D),
paragraph (9), sub-paragraph (m), Property development standards, by adding a new item
number 5, Landscaping requirements,to read as follows:
5. Landscaping requirements. Off-street parking facilities and all
properties within the MU District shall be landscaped in accordance with
Section X(H) Landscaping: General requirements.
Section 4. Ordinance No. 355, as amended, the Comprehensive Zoning
Ordinance of the Village of Tequesta, is hereby amended at Section VII, sub-section (D),
paragraph (9), sub-paragraph (m), Property development standards, by adding a new item
number 6, Signage requirements, to read as follows:
6. Signage requirements. All wall, free-standing,monument, ceiling-mounted
walkway, project identification, composite,changeable letter and similar
signs and/or signage shall be in keeping with the purpose and intent of the
Mixed-Use District and shall be subject to review and approval by the Village
of Tequesta. Sub-sections (A),Intent; (C), Permits required; (D),
Application and Permit requirements; (E),Issuance of Permit; (F),Permit
Fees; (G), Painting Requirements; and(II),Wind Pressure and Dead Load
Requirements, as set forth in Section XII,Sign Regulations of the Zoning
Ordinance shall apply within the MU,Mixed-Use District.
Section 5. 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.
2
Section 6. 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 7. Codification. This Ordinance shall be codified and made a part of the
official Code of Ordinances of the Village of Tequesta.
Section 8. 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 AGAMIST ADOPTION
The Mayor thereupon declared the Ordinance duly passed and adopted this
day of , 199
MAYOR OF TEQUESTA
Ron T.Mackail
ATTEST:
Village Clerk
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 VII,
SCHEDULE OF REGULATIONS AND APPLICATION OF
REGULATIONS, SUB-SECTION (D), SCHEDULE OF DISTRICT AND
USE REGULATIONS, PARAGRAPH (9), MU MIXED-USE DISTRICT
SUB-PARAGRAPH (i), SPECIAL EXCEPTION USES, BY ADDING A
NEW SPECIAL EXCEPTION USE, PRIVATE SCHOOLS/SCHOOLS OF
INSTRUCTION; BY AMENDING (m), PROPERTY DEVELOPMENT
STANDARDS, BY AMENDING THE PARKING REQUIREMENTS AND
REFERENCING LANDSCAPING REQUIREMENTS AND SIGNAGE
REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
-therefereSe 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 VH, sub-section (D),
paragraph (9), sub-paragraph (i), Special exception uses, by adding a new special exception
use, Private schools/schools of instruction, numbered 5 and renumbering subsequent uses as
follows:
(i) Special exception uses.
1. Restaurants (including carry-out).
2. Public buildings and facilities.
3. Church/house of worship.
4. Civic/cultural/institutional.
5. Private schools/schools of instruction.
6. Bed and breakfast.
7. Hotel.
8. Adult congregate living facility (ACLF).
9. Gasoline service station (only fronting on U.S.Highway One).
10. Private clubs.
11. Railway station.
12. Planned residential development(PRD).
13. Planned commercial development(PCD).
14. Permitted uses numbers,4,5,6,7 and 8 in excess of three thousand
five hundred (3,500)square feet(large scale retail sales and service)
which are in conformity with the intent and integrity of the district.
•
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1,2
Sec.VII APPENDIX A—ZONING Sec.VII
8. Recreation/open space.
*Maximum three thousand five hundred (3,500)
square feet gross leasable area allowed for each
\ - tenant area or individually owned unit.
V(i) Special exception uses.
1. Restaurants (including carry-out).
2. Public buildings and facilities.
3. Church/house of worship.
4. Civic/cultural/institutional.
5. Bed and breakfast.
6. Hotel. . •
7. Adult congregate living facility (ACLF).
8. Gasoline service station (only fronting on U.S.
Highway One). ,
9. Private clubs.
10. Railway station.
11. Planned residential development (PRD).
12. Planned commercial development (PCD).
13. Permitted uses numbers 4, 5, 6, '1 and 8 in excess
of three thousand five hundred(3,500)square feet
(large scale retail sales and service) which are in
conformity with the intent and integrity of the
district.
(j) Accessory uses.
1. Any accessory use customarily incidental to a per-
mitted use.
2. Private garages, swimming pools, spas and hot
tubs, cabanas and saunas, greenhouses, tennis
courts, clubhouses,utility buildings, gazebos, and
any other similar use deemed appropriate by the
building official.
(k) Planned mixed-use development (PMUD).
1. Required for all permitted, special exception, and
accessory uses within the mixed-use district ex-
. cept lots or parcels of less than three (3) acres.
Supp.No.24 1138.7
Sec.VII TEQUESTA CODE Sec.VII
(1) Prohibited uses.
1. Wholesale.
2. Warehouses.
3. Car wash (that is not an accessory use).
4. Motel.
5. Motor vehicle dealer.
6. Pawn shop.
7. Full-service fuel station/gasoline service station.
8. Flea markets, indoor or outdoor.
9. Automobile repair facilities,including garages and
body shops.
10. Kennels or pet hospitals with boarding facilities.
11. Any other use or structure not specifically or by
reasonable implication permitted herein as a per-
mitted use, special exception use or accessory use.
Y (m). Property development standards.Property development
standards for the mixed-use district shall be as set forth
below. However, as part of the review and approval
process by the village, the village council may modify
the property development standards, at its discretion,
provided the spirit and intent of the regulations and
standards are complied with in the development of the
\ mixed-use district.
�11. Parking requirements. On-street and off-street
parking shall be allowed within the mixed-use dis-
trict and the minimum number of required parking
spaces to be provided may include a combination
of on-street and off-street spaces. When using on-
street parking to meet a portion of the required
parking for a proposed project, only.those spaces
that lie within the street frontage areas of the
property may be included in the total calculations
for meeting the minimum required parking re-
quirements.
2. Streets/rights-of-way. The minimum width of
rights-of-ways within the MU district are as fol-
lows:
a. Major street (collector) 50 feet
Supp.No.24 1138.8
Sec. VII APPENDIX A—ZONING Sec.VII
b. Minor street (collector):
Two-way street 50 feet
One-way street 42 feet
3. Drainage (streets/rights-of-way). Raised curb and
gutter drainage systems shall be the preferred
method utilized within the MU district.Alternate
drainage systems shall be approved at the discre-
tion of the village council during the site plan re-
view process for a proposed planned mixed-use de-
velopment(PMUD).
4. Schedule of site regulations.
a. Minimum lot size: 3200 square
feet
b. Minimum lot width: 40 feet
c. Maximum lot coverage:
Residential 62%
Commercial
For a single min- 60%
imum sized lot
For two or more lots 70%
or parcels in excess
of the minimum
sized lot under
unity of title
d. Minimum front yard set-
back:
Residential 10 feet
Commercial 0 feet
e. Minimum side yard setback:
Residential
On one side 0 feet
On remaining side 7 feet
• Commercial
On both sides 0 feet
where commercial
abuts commercial
Where commercial 7 feet
abuts residential
Supp.No.24 1138.9 - .
•
Sec.VII TEQUESTA CODE Sec.VIII
f. Minimum rear yard setback:
Residential 10 feet
Commercial
Where commercial 0 feet
abuts commercial _
Where commercial 10 feet
�( t abuts residential
g. Minimum, living area re- Not appli-
�G9 quirements: cable.
1141416 h. Minimum landscaped/open
space: •
\ Residential 25%
Commercial 25%
(Ord. No. 310, § 4, 8-11-88; Ord. No. 375, § 1, 10-13-88; Ord. No.
379, §§ 2, 3, 12-13-88; Ord. No. 390; § 1, 9-14-89; Ord. No.415, §
2, 10-25-90; Ord. No. 417, § 1, 1-24-91; Ord. No. 453, §§ 1-4,
5-27-93; Ord. No. 454, §§ 1, 2, 5-27-93; Ord. No. 465, §§ 3, 4,
2-10-94)
SECTION VIII.OFF-STREET PARKING AND
LOADING REGULATIONS
(A) Application of Regulations.
(1) For the purpose of this zoning ordinance, the term `off-
street parking space" shall consist of a parking space having
minimum dimensions of ten(10)feet in width by twenty(20)feet
in length for the parking of each motor vehicle,exclusive of access
drives or aisles thereto.Minimum width of an access drive shall
be'ten(10) feet for R-1 and R-1A Districts.For all other districts,
• the minimum width of each aisle designed and intended for the
maneuvering of a motor vehicle into a parking space shall be
- determined by the angle of parking as shown in the parking lot
dimension.table of this section. The parking plan shall be so ar-
ranged that each motor vehicle may be placed and removed from
the parking space assigned thereto and taken to and from the
property without necessity of moving any other motor vehicle to
complete the maneuver.
Supp.Na 24 1138.10