HomeMy WebLinkAboutDocumentation_Regular_Tab 4B7_9/28/1995 , - 4)•
Memorandum
To: Thomas G. Bradford, Village Manager
From: Scott D. Ladd, Building Official AllY
Dale: 09.121,1995
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.
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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 ORDINANCE NUMBER 355, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF
THE VILLAGE OF TEQUESTA, BY AMENDING SECTION
XIV, NONCONFORMING USES, AT SUBSECTION (A) (7)
RELATING TO DESTRUCTION BY FIRE OR OTHER ACT
SO AS TO ALLOW STRUCTURES LOCATED IN THE R-3
ZONING DISTRICT LOCATED EAST OF THE
INTRACOASTAL WATERWAY WHICH ARE DESTROYED BY
MORE THAN FIFTY PERCENT OF THEIR ASSESSED
VALUE TO BE RECONSTRUCTED; PROVIDING
EXCEPTIONS; 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. Chapter XIV of the Code of Ordinances of the
Village of Tequesta relating to Nonconforming Uses is hereby
amended at subsection (A) (7) , Destruction by fire or other act, so
as to read as follows:
!' (7) Destruction by fire or other act: Nothing in this
ordinance shall be taken to prevent the restoration
of a building destroyed to theextent of not more
than fifty (50) percent of its assessed value by
flood, fire, explosion or other casualty, or act of
God, or the public enemy, nor the continued
occupancy or use of such building or part thereof
which existed at the time of such partial
destruction. The restoration of a. building
destroyed more than fifty (50) percent of its
assessed value by flood, fire, explosion or other
casualty, or act of God, or the public enemy, must
meet the requirements of all applicable provisions
of this ordinance including but not limited to the
100-year flood standards described in Section XV of
this ordinance concerning special flood hazard
areas. Restoration under this section must be
started within ninety (90) days.
Non conforming structures located within the R-3
Zoning District of the Village which are located
east of the Intracoastal Waterway may be restored
even if destroyed more than fifty (50) percent of
their assessed value by flood, fire, explosion or
other casualty, or act of God, or the public enemy,
except to the extent that they are prohibited from
doing so by any federal, state, county law or
agency which supersedes the ordinances of the
Village in regard to said reconstruction. "
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. 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 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
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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 -
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Sec.XIII TEQUESTA CODE Sec.XIV
not be reimbursable,and is intended to defray the costs of admin-
istering, processing, and reviewing the application.
(2) The building official may waive the filing fee when the
applicant seeks a variance to replace an existing screened swim-
ming pool enclosure with a new screened swimming pool enclo-
sure having the same dimensions but a greater height than the
existing screened swimming pool enclosure.
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`� SECTION XIV.NONCONFORMING USES •
(A) The lawful use of any building, structure or land existing
at the time of the adoption of this ordinance may be continued
although such use does not conform to the provisions thereof;
provided however,the following conditions are met:
(1) Unsafe structures or buildings: Any structure or building .
or portion thereof declared unsafe may be restored to a
safe condition.
(2) Construction approved prior to ordinances Nothing herein
shall require any change in plans, construction or desig-
. nated use of a building or structure for which a building
permit has been issued and the construction of which shall
ihave been diligently carried on within six(6)months of the
date of such permit.
(3) Alterations:A nonconforming building may be maintained
and repairs and alterations may be made,except that in a
building which is nonconforming as to use regulations,no
structural alterations shall be made except those required
by law including eminent domain proceedings. Repairs
such as plumbing or changing of partitions or other inte-
rior alterations are permitted.
(4) Extensions- Buildings or structures or uses of land which
are nonconforming shall not be extended or enlarged.
(5) Nonconforming use of land When a nonconforming use of -
land has been discontinued for a period of ninety(90)days,
its future uses shall revert to the uses permitted in the
district in which said land is located. .
Supp.No.17
1214
Sec.XIV APPENDIX A—ZONING Sec.XV
(6) Abandonment A nonconforming use of land or of a build •
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ing which has been vacated or abandoned for ninety (90)
days shall not thereafter be occupied by•any nonconform-
ing use. i
(7) Destruction by fire or other act Nothing in this ordinance
shall be taken to prevent the restoration of a building �.:
destroyed to the extent of not more than fifty(50)percent
of its assessed value by flood,fire,explosion or other casu-
alty,or act of God, or the public enemy, nor the continued
occupancy or use of such building or part thereof which
existed at the time of such partial destruction. The resto-
ration of a building destroyed more than fifty(50)percent
of its assessed value by flood,fire,explosion or other casu- • 2' {
alty, or act of God, or the public enemy, must meet the
requirements of all applicable provisions of this ordinance
including but not limited to the 100-year flood standards
described in Section XV of this ordinance concerning ape-
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• cial flood hazard areas. Restoration under this section must
'be started within ninety(90)days.
(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 fol-
lows the same footprint as the existing screen enclosure,
providing however, that no portion of the said structure
shall be enclosed with solid walls or roof.
(Ord. No. 415, § 5, 10-25-90; Ord. No. 454, § 6, 5-27-93)
SECTION XV.FLOOD HAZARD AREAS
(A) Flood Losses from Periodic Inundation.
(1) Within the Village of Tequesta there exists certain special
flood hazard areas subject to periodic inundation which may re-
sult in loss of life and property, health and safety hazards, dis-
ruption of commerce and governmental services, extraordinary
public expenditures for flood protection and relief and impair-
ment of the tax base, all of which adversely affect the public
health,safety and general welfare.
Supp.No.23 1215