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Home My WebLink AboutDocumentation_Regular_Tab 4B9_9/14/1995 Pir Memorandum • To: Thomas G. Bradford, Village Manager From: Scott D. Ladd, Building Official lobd 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 • Ilk G\ 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 the extent 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 2 t , d 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\DESTRUCT.ORD 3 t + ' i�r,ctup f..r OA. i .9 r 7r CQ l L4,l±9u4Je> 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. V SECTION XIV. NONCONFORMI NG 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: • a (1) Unsafe structures or buildings: Any structure or building or portion thereof declared unsafe may be restored to a safe condition. •: '> j (2) Construction approved prior to ordinance: Nothing herein • �` shall require any change in plans, construction or desig- E=•i� I nated use of a building or structure for which a building permit has been issued and the construction of which shall 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 oruses 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 rippIPIP-47 • Sec.XIV APPENDIX A—ZONING Sec.XV (6) Abandonment: A nonconforming use of land or of a build- ing which has been vacated or abandoned for ninety (90) z days shall not thereafter be occupied by any nonconform- a..: ing use. (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 :y 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- 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 spe- _ 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