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HomeMy WebLinkAboutDocumentation_Regular_Tab 4B6_9/14/1995 F Memorandum To: Thomas G. Bradford, Village Manager From: Scott D. Ladd, Building Official A u 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 • • • ORDINANCE NO. AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING ORDINANCE NO. 355 OF THE VILLAGE, THE COMPREHENSIVE ZONING ORDINANCE, AS AMENDED, AT SECTION XIII, BOARD OF ADJUSTMENT, REPEALING SAID SECTION IN ITS ENTIRETY THEREBY DISSOLVING THE BOARD OF ADJUSTMENT; CREATING A NEW SECTION XIII, APPEALS AND VARIANCES; PROVIDING THAT THE VILLAGE COUNCIL SHALL HEAR APPEALS AND VARIANCES; ESTABLISHING PROCEDURES; PROVIDING FOR POWERS AND DUTIES; 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. Section XIII of Ordinance No. 355, as amended, is hereby rescinded in its entirety. Section 2. Ordinance No. 355, as amended, is hereby amended to provide a new Section XIII, to read as follows: "SECTION XIII. APPEALS AND VARIANCES (A) Appeals, Hearing, Notice. (1) Appeals to the Village Council may be taken by any person aggrieved or by any officer, or bureau, or department of the governing body of the Village affected by any decision of the administrative officer charged with enforcement of the zoning ordinance. Such appeal shall be taken within a reasonable time, by filing with the Village a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Village Council all of the papers constituting the record upon which the action was taken. (2) The Village shall fix a reasonable time for the hearing of the appeal, give public notice thereof, by sending notice through regular mail to property owners of record within a three hundred foot radius of the outermost perimeter of the subject property and by publication in a newspaper of general circulation within the community, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person, by agent or by attorney. (3) In any matter brought before the Village Council and upon which it is required to make a decision, the parties in interest shall be given notice by mail of the time, place and subject matter of hearing. For this purpose, the owner of the property shall be deemed to be the person shown on the current ,tax assessment roll as being the owner, and such notice shall be sent to the address given on such assessment roll for that person. (B) Stay of Proceedings. (1) An appeal stays all proceedings in furtherance of ,the action appealed from, unless the officer from whom the appeal is taken certifies to the Village Council after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Village Council or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown. (C) Variances and Appeals. (1) The Village Council shall have the following powers: (a) To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this section or of any ordinance adopted pursuant thereto. (b) To authorize upon appeal in' specific cases such variance from the terms of the ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship. The power to grant any such variance shall be limited by and contingent upon a finding by the Village Council: 2 Y ' T 1. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; 2. That the special conditions and circumstances do not result from the actions of the applicant; 3. That granting the variance requested will not confer on the applicant any special: privilege that is denied by this ordinance to other lands, buildings or structures in the same zoning district; r 4. That literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and wold work unnecessary and undue hardship on the applicant; 5. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; 6. That the grant of the variance will be in harmony with the general intent and purpose of the ordinance and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. (c) In granting any variance, the Village Council may prescribe appropriate conditions and safeguards in conformity with this section and any ordinance enacted by the Village Council. Violation of such conditions and safeguards, when made a part of the terms under which the variance 'is granted, shall be deemed a violation of this ordinance. (d) In reviewing matters brought before it pursuant to the provisions of this section, the Village Council shall not exercise authority or jurisdiction over matters which are specifically reserved to other officers, boards or agencies of the Village. Where site plan review is necessitated pursuant to the provisions of this ordinance, no decision of the Village Council with 3 respect to a variance, or other matter, pertaining to the property in questions shall obviate the necessity for such site plan review. Where a requested building permit has been withheld by the building official for want of compliance with applicable laws and ordinances beyond the jurisdiction of the Village Council, no building permit shall be issued regardless of any decision of the Village Council until the requirements of said laws and ordinances have been met. (e) Under no circumstances shall the _ Village Council grant a variance to permit a use not generally or by special exception permitted in the zoning district, involved or any use expressly or by implication prohibited by the terms of this ordinance in the zoning district. No nonconforming use of neighboring lands, structures, or buildings in the same zoning district and no permitted use of lands, structures or buildings in other zoning districts shall be considered grounds for the authorization of a variance. -(D), Decisions of the Village Council . (1) In exercising the above mentioned powers, the Village Council may, in conformity with the provisions of this section, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. The concurring vote of three (3) members of the Village Council shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance, or to effect any variation in such ordinance.' Any request denied by the Village Council shall not be resubmitted to the Village Council for a period of ninety (90) days after the date of denial. (E) Appeals from Village Council . (1) Any person or persons, jointly or severally, aggrieved by any decision of the Village Council, or any taxpayer, or any officer, department, board or division of the governing body of the Village, may present to a circuit court a petition setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality and such presentment shall be made within thirty (30) days of the filing of the decision. 4 • (F) Time Limitation. (1) The Village Council may prescribe a reasonable time limit within which the action for which the variance is required shall be begun or completed or both. However, if no time limit is specified by the Village Council, then the variance shall expire within six (6) months from the date of grant, unless a building permit based upon and incorporating the variance is issued within the aforesaid six month period and construction has begun thereunder. (G) Filing Fee. (1) Upon filing an application to the Village Council, the applicant shall pay a fee to the Village at the time of filing of such application. Said fee shall be in an amount as established. in Chapter 16 of the Village of Tequesta Code of Ordinances, shall not be reimbursable, and is intended to defray the costs of administering, 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 swimming pool enclosure with a new screened swimming pool enclosure having the same dimensions but a greater height than the existing screened swimming pool enclosure. " Section 3 . 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 4. 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 5. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Village of Tequesta. Section 6. Effective. Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. 5 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 The Mayor thereupon declared the Ordinance duly passed and adopted this day of , 1995. MAYOR OF TEQUESTA Ron T. Mackail ATTEST: Village Clerk JCR\13153ORD\FORM.APPEALS 6 • ACk;,f Tvr OR— # • cvrre� / evcic 8 • Sec.XIII APPENDIX A-ZONING Sec.XIII 0 N v SECTION XIII. BOARD OF ADJUSTMENT . . - (A) Board Established (1) A board of adjustment is hereby established, which shall 1-3 perform its duties as provided by law in such a way that the - _ objectives of this ordinance shall be observed,public health,safe- , ty, and welfare secured, and substantial justice done. (2) The board of adjustments shall consist of five (5) regular members appointed by the village council and who shall serve • without compensation and for a term of three (3)years. In addi- tion to the regular board members, two (2) additional members, to be designated as Alternate #1 and Alternate #2, shall be appointed to serve in that order at meetings of the board when necessary for any reason and to have at all times three(3)voting members on said board as a quorum. In the case of only three(3) members present, all present shall have to vote in favor of a variance to make it effective. Alternate members shall serve for two (2)years, but of the first appointed alternate members, one (1) shall serve for one (1)year, and one(1)shall serve for two(2) years. Thereafter, alternate members shall be appointed for two- year terms. (3) Vacancies in the board membership by resignation, illness or other causes shall be filled by the village council for the unexpired term of the member involved.Members of the board of adjustment may be removed from office by the village council upon written charges and after public hearing. The board shall select its own chairman and vice-chairman annually at the first meeting of the calendar year. The building official or his desig- nated representative shall serve as clerk and advisor to the board. (4) All members of the board of adjustment shall be qualified electors of the village. (B) Proceedings of the Board (1) The board of adjustment shall adopt rules of procedure for the conduct of-its business, consistent with the provisions of this ordinance. Meetings of the board shall be held at the call of the chairman, and at such time as the board may determine. Such chairman, or in his absence, the vice-chairman or acting chair- Supp.No.17 1209 • • Sec.XIII TEQUESTA CODE Sec.XIII • man,may administer oaths and compel the attendance of witnes- .. ses. All meetings of the board and its files or records shall be 4,; open to the public. z (2) The board of adjustments shall also keep minutes of its proceedings, showing the vote of each member upon each ques- tion, or, if absent, indicating such fact, and shall keep records of . ' its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record. V (C) Appeals, Hearing, Notice. (1) Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, or bureau, or department of the governing body of the village affected by any decision of the administrative officer charged with enforcement of the zoning ordinance. Such appeal shall be taken within a reasonable time, as provided by the rules of the board, by filing with the clerk of the board, a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action was taken. (2) The board shall fix a reasonable time for the hearing of the appeal, give public notice thereof, by sending notice through regular mail to property owners of record within a three-hundred- foot radius of the outermost perimeter of the subject property and by publication in a newspaper of general circulation within the community, as well as due notice to the parties in interest, and decide the,same within a reasonable time.Upon the hearing,any party may appear in person,by agent or by attorney. (3) In any matter brought before the board and upon which it • is required to make a decision, the parties in interest shall be given notice by mail of the time, place and subject matter of hearing. For this purpose, the owner of the property shall be deemed to be the person shown on the current tax assessment roll as being the owner, and such notice shall be sent to the address given on such assessment roll for that person Supp.No.17 1210 Sec.XIII APPENDIX A—ZONING Sec.XIII (D) Stay of Proceedings. (1) An appeal stays all proceedings in furtherance of the action • appealed from, unless the officer from whom the appeal is taken certifies to the board of adjustment after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion,cause imminent peril to life and property. In such case,proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown. (E) Powers and Duties of the Board. (1) The board of adjustment shall have the following powers: (a) To hear and decide appeals where it is alleged there is • error in any order, requirement, decision, or determina- tion made by an administrative official in the enforcement • of this section or of any ordinance adopted pursuant thereto. (b) To authorize upon appeal in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinance will . result in unnecessary hardship. The power to grant any such variance shall be limited by and contingent upon a finding by the board: 1. That special conditions and circumstances exist which are peculiar to the land,structure,or building involved and which are not applicable to other lands, struc- tures, or buildings in the same zoning district; 2. That the special conditions and.circumstances do not result from the actions of the applicant; 3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district; 4. That literal interpretation of the provisions of the or- dinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant; Supp.No.17 1211 Sec.XIII TEQUESTA CODE Sec.XIII 5. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure; 6. That the grant of the variance will be in harmony with the general intent and purpose of the ordinance and that such,variance will not be injurious to the area involved or otherwise detrimental to the public welfare. (c) In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in confor-1 mity with this section and any ordinance enacted by the village council. Violation of such conditions and safeguards, when made a part of the terms under which the variance is • granted, shall be deemed a violation of this ordinance. (d) In reviewing matters brought before it pursuant to the • provisions of this section, the board shall not exercise au- thority or jurisdiction over matters which are specifically reserved to other officers, boards, or agencies of the vil- lage. Where site plan review is necessitated pursuant to the provisions of this ordinance, no decision of the board. with respect to a variance, or other matter, pertaining to the property in question shall obviate the necessity for such site plan review. Where a requested building permit has been withheld by the building official for want of com- pliance with applicable laws and ordinances beyond the jurisdiction of the Board of Adjustment,no building permit shall be issued regardless of any decision of the board until the requirements of said laws and ordinances have been met. (e) Under no circumstances shall the Board of Adjustment grant a variance to permit a use not generally or by special exception permitted in the zoning district involved or any use expressly or by implication prohibited by the terms of this ordinance in the zoning district. No nonconforming use of neighboring lands, structures, or buildings in the same zoning district and no permitted use of lands, struc- tures, or buildings in other zoning districts shall be con- sidered grounds for the authorization of a variance. Sup'''.No.17 1212 ' p Sec.XIII APPENDIX A—ZONING Sec.XIII (F) Decisions of the Board (1) In exercising the above-mentioned powers,such board may, in conformity with the provisions of this section, reverse or af- firm, wholly or partly, or may modify the order, requirement, decision,'or determination appealed from and may make'such order, requirement, decision, or determination as ought to be made,and to that end shall have all the powers of the officer from whom the appeal is taken. The concurring vote of three(3)mem- bers of the board shall be necessary to reverse any order, re- quirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance,or to effect any variation in such ordinance.Any request denied by the board shall not be resubmitted to the board for a period of ninety (90) days after the date of denial. — �. (G) Appeals from Board (1) Any person or persons, jointly or severally, aggrieved by any decision of the board, or any taxpayer, or any officer, de- partment, board or division of the governing body of the village, • may present to a circuit court a petition setting forth that such decision is illegal, in whole or in part, specifying the grounds of i ; the illegality and such presentment shall be made within thirty (30)days of the filing of the-decision. (H) Time Limitation. (1) The board of adjustment may prescribe a reasonable time limit within,which the action for which the variance is required ;shall be begun or completed or both. However, if no time limit is specified by the board, then the variance shall expire within six (6)months from the date of grant,unless a building permit based upon and incorporating the variance is issued within the afore- said six-month period and construction has begun thereunder. (I) Filing Fee. (1) Upon filing an application to the board of adjustment, the applicant shall pay a fee to the village at the time of filing of such application. Said fee shall be in an amount as established in Chapter 16 of the Village of Tequesta Code of Ordinances, shall Supp.No.17 1213 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. 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 K or portion thereof declared unsafe may be restored to a safe condition. '• ':.i ti' (2) Construction approved prior to ordinance: Nothing herein ::1 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 t have 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