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HomeMy WebLinkAboutDocumentation_Regular_Tab 4B5_9/14/1995 Fr Memorandum To: Thomas G. Bradford, Village Manager From: Scott D. Ladd, Building Official b 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 • • • • • • t ` G? 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 VH, 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. 1 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; (1'),Permit Fees; (G),Painting Requirements; and (H),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 I 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 AGAINST 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 y 't ORDINANCE NO. 7 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. Se 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. ,c;kup f'°r Oro, 5 vrr(i t Ca e. Li0r,9 a 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. 9(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 . ( 1 � r' 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. 41. 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 I 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 t • Where commercial 10 feet V A rt16 abuts residential � W �+ 49 g. Minimum living area re- Not appli- i0 6quirements: cable. 1141426. 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 VI'II.OFF-STREET PARKING AND D 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.No.24 1138.10