HomeMy WebLinkAboutDocumentation_Regular_Tab 4B3_9/14/1995 Memorandum •
To: Thomas G. Bradford, Village Manager
From: Scott D. Ladd, Building Official AO
Date: 09/07/1995
Subject: Draft Ordinances Amending the Zoning Ordinance,
Ordinance 355,as Amended
Tom attached are eighteen(18) sets of packets containing nine(9)proposed draft ordinances that
amend certain sections of the Zoning Ordinance or that add new sections to the Zoning
Ordinance. Some of the proposed changes, additions and/or deletions are housekeeping in
nature and are proposed amendments that we have been collecting over the past several years.
There are a couple of proposed ordinances that add new sections to our Zoning Ordinance, such
as:
• A new Section X(S),Home Occupations and a new Section X(R),
Multi-family Recyclable Material Facilities.
• There is a draft ordinance that proposes to abolish the current Board
of Adjustment and give those powers and duties to the Villages Council.
• There is a proposed ordinance that amends the Sign Code to comply
with legislative changes regarding political signs.
• There is a draft ordinance that revises the Site Plan Review
application process in an effort to streamline the process.
• The Village Attorney put together a draft ordinance that amends the
non-conforming use section of the Zoning Ordinance to provide some
relief to the R-3 district condos on Beach Road with regard to rebuilding
after a catastrophic event.
• There is a draft ordinance that amends the parking regulations in order to
strike a better balance between landscaped open space and parking spaces
by reducing the size requirement for parking spaces, changing the parking
space ratio (formula)to track current national trends and to offer a certain
percentage of compact parking spaces. All of these parking regulation
changes are being proposed in order to help our commercial and
multi-family communities to'achieve closer compliance with Ordinance
377,the Village's Landscape Code.
Attached immediately in back of each draft ordinance is a copy of the existing ordinance section
being amended and/or a copy of support documents that were used as the source from which
some or all of the draft ordinances were written. Please place the nine draft ordinances on the
September 14, 1995 Council meeting agenda for first reading. Thanks.
SDL:pm
Attachments
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ORDINANCE NO. Y
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 SAD)
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.
(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.
(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,.
'T
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 C D
Urban Principal Arterial C D
Section 4. 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 5. 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 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
I
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C,rrcn1l eedc 1:4,79471.9 2'
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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 lapd.
(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-
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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.
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(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
\t structure which would cross lot lines.
`I— (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
f e -
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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-
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