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HomeMy WebLinkAboutOrdinance_05-24_8/8/2024 ORDINANCE NO. 05-24 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING. ARTICLE VI. IN GENERAL. AT SECTION 78-4. DEFINITIONS. TO CREATE AN ENTIRELY NEW DEFINITION FOR THE TERM PRIVATE MUSEUM, AT ARTICLE VI. SCHEDULE OF DISTRICT REGULATIONS. AT SECTION 78-178. C-3 GENERAL COMMERCIAL DISTRICT.,TO ADD PRIVATE MUSEUM AS A SPECIAL EXCEPTION USE WITH DISTANCE SEPARATION REQUIREMENTS, AND AT ARTICLE X. OFF-STREET AND ON- STREET PARKING AND LOADING REGULATIONS. AT SECTION 78- 705. REQUIRED NUMBER OF PARKING SPACES. TO PROVIDE THE NUMBER OF PARKING SPACES REQUIRED FOR THESE ESTABLISHMENTS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. ZONING. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE;A SEVERABILITY CLAUSE,AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Village of Tequesta Code of Ordinances currently defines and provides regulations for automotive repair establishments but does not contemplate private museum uses; and WHEREAS, current definitions do not adequately capture and regulate private museums uses for the storage of cars, art, or other memorabilia, to be used for display and private events; and WHEREAS, the Village Council desires to expressly define and provide regulations, including distance separation requirements, for these types of private museum uses; and WHEREAS,the Village Council finds that the adoption of these regulations is in the best interests of the Village of Tequesta, and will generally promote the public health, safety, and welfare. NOW, THEREFORE,BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA,FLORIDA, THAT: Section 1: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article I. In General. by amending Section 78-4. Definitions. to create an entirely new definition for the term `Private Museum'; providing that Section 78-4 shall hereafter read as follows: 1 Sec. 78-4. -Definitions. The following words, terms and phrases, when used in this chapter, unless otherwise specified,shall have the meanings ascribed to them in this section,except where the context clearly indicates a different meaning. All words used in the present tense include the future; all words in the singular number include the plural and the plural the singular. The word "building" includes the word "structure." The word "shall" is mandatory. The word "person" includes a firm, corporation or municipal corporation as well as a natural person. The word "map" shall mean the official zoning map of the village. The term "council" shall mean the Council of the Village of Tequesta and the word "village" shall mean the Village of Tequesta, a municipal corporation of the State of Florida. The word "used" shall be deemed to include the words "arranged,designed or intended to be used," and the word 'occupied" shall be deemed to include the words "arranged, designed or intended to be occupied." Any word or term not interpreted or defined by this section shall be used with a meaning of common or standard utilization. Private Museum means a building used as a private display space for a personal collection of automobiles, art. or other memorabilia. The use of the space shall be private and not open to the ublic. [All other definitions shall remain the same as previously adopted.] Section 2: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article VI. Schedule of District Regulations. by amending Section 78-178. C-3 general commercial district. to add private museum as a special exception use in the C-3 zoning district; providing that Section 78-178 shall hereafter read as follows: Sec. 78-178. - C-3 general commercial district. (a)-(c) [These subsections shall remain in full force and effect as previously enacted.] (d)Special exception uses. Special exception uses in the C-3 district are as follows: (1)Public utility buildings such as water pumping plants,water treatment plants,sewage plant lift stations and electric substations; police and fire stations and any other use normally appurtenant thereto; libraries and governmental uses. (2)Places of assembly(1,515 square feet or more), subject to the following conditions: a. All presentations and events shall be conducted entirely within a building. b.Allowed accessory uses are:preschool and school facilities;assembly halls,sanctuaries 2 or similar meeting rooms; community centers or fellowship halls; administrative offices related to the facility; gift shops for merchandise related to the facility; playgrounds and athletic fields. (3) Theaters. a. All presentations, shows and events shall be conducted entirely within a building. b.No presentations, shows or events shall be started after 11:00 p.m. (4) Full-service fuel station or gasoline service station,provided: a. There shall be a main building setback from all right-of-way lines of 40 feet. b. Main and accessory buildings shall be located a minimum of 50 feet from any residential district. c. A minimum six inches in height raised curb shall be required at all right-of-way lines, except at approved access driveway openings. d. Curb openings and access driveway widths and locations shall meet the requirements of article X of this chapter, except as provided for in subsection (d)(4)e of this section. Curb openings shall be limited to two per street frontage. e. Where two curb openings are providing access to a single street,they shall be separated by an approved landscape island,ten feet in width and 25 feet in length at the right-of-way line. Curb cuts for access driveways shall be located a minimum of ten feet from any adjoining property line. f. To ensure that sufficient room be provided on either side of the fuel pumps without intruding upon sidewalks or upon adjoining property, fuel pumps shall be located a minimum of 50 feet from any adjoining property and a minimum of 25 feet from any street property line. g. All tanks, vents, pump islands and pump island or main and accessory building canopies shall provide a minimum setback of 25 feet from any adjoining property or right-of-way. h. Off-street loading spaces for the delivery of materials, merchandise, fuel or any similar product shall be located in such a manner that they are completely separate from required customer parking spaces and access drives and aisles thereto. i. The selling, renting or leasing of new and/or used motor vehicles, trailers or recreational vehicles is prohibited. j. All oil drainage pits, hydraulic lifts and mechanical repair work shall be located and 3 conducted within an enclosed building or structure. k.No body damaged vehicle or vehicle components of any kind or condition shall be exposed to view from a public road right-of-way. 1. All full-service fuel stations and gasoline service stations shall be equipped with an emergency backup generator system of sufficient size and power to operate the fuel pumping systems for a minimum of seven days. (5) Convenience store, provided: a. The proposed convenience store shall be subject to all special requirements for fuel dispensing businesses(full service fuel stations and gasoline service stations)if the proposed store is to include such use. b. The proposed site shall meet or exceed the landscaping requirements found in article IX, division 4 of this chapter. c. The proposed store shall be free of all obstructions of view from the adjacent street to the main store windows giving a clear and unobstructed view of the cashier's station, including obstructions of landscaping and fuel service islands. d. The proposed store shall incorporate into its construction and operation fire protection devices as required by the village fire-rescue department. e.The proposed store shall have adequate on-site lighting that illuminates all parking, loading and fuel service islands. f.No convenience store shall be located within 1,500 feet of any other convenience store. For the purposes of this subsection, all measurements of distances shall be along a straight airline route from the nearest point on any property line to the nearest point on any property line of any property used as a convenience store. g. The proposed convenience store shall have appropriate security systems to include,but not be limited to,the following: 1. Convenience store uses shall be equipped with cameras with video retrieval capabilities. i. This requirement shall be exempted if the convenience store employs two or more employees at the same time between the hours of 11:00 p.m. and 7:00 a.m. ii. This requirement shall also be exempted if the convenience store closes on a permanent basis by 11:00 p.m. or does not sell alcoholic beverages for consumption 4 off-premises. 2. The convenience store may be equipped with a silent alarm connected to the police department. h. The proposed convenience store shall not have as a part of its operation coin-operated amusement devices. i. All convenience stores that include fuel dispensing services shall be equipped with an emergency backup generator system of sufficient size and power to operate the fuel pumping systems for a minimum of seven days. (6) Wireless telecommunication towers and antennas located on property that is not village owned,pursuant to article IX, division 5. (7) Indoor amusements (bowling,pool, billiards,video game arcade and similar amusements). (8) Drive-in/fast food/carryout restaurants. a. Each drive-in stacking lane must be clearly defined and designed so as not to conflict or interfere with other vehicle or pedestrian traffic utilizing the site. b. A bypass lane shall be provided if a one-way traffic flow pattern is utilized in the parking lot. (9)Automotive repair establishments (major or minor). (10) Shopping centers. (11)Adult entertainment, pursuant to article XIII of this chapter. 12)Private Museum. Private museums shall,in addition to complying with all special exception criteria set forth at Village Code Sec. 78-363, and all findings required pursuant to Village Code Sec. 78-364, be located a minimum of 500 feet from any other private museum. Distance is to be measured from property line to property line in a straight path without regard to intervening structures or obiects. Location requirements may not be varied. (e) [This subsection shall remain in full force and effect as previously enacted.] Section 3: Chapter 78.Zoning. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article X. Off-Street and On-Street Parking and Loading Regulations. by amending Section 78-705. Required number of parking spaces. to provide the number of parking spaces requirements for private museum; providing that Section 78-705 shall hereafter read as follows: 5 Sec. 78-705. -Required number of parking spaces. Certain of these requirements may be in conflict with the special parking requirements set forth in the property development standards for use within the MU mixed-use district. Where a conflict exists, the property development standards of the MU district shall apply. There shall be provided at the time of the erection of any main building or structure, or at the time that any main building or structure is enlarged by more than 25 percent of the square footage of the existing building or structure, or increased in capacity by adding dwelling units, guestrooms, floor area or seats, minimum off-street motor vehicle parking space with adequate provisions for ingress and egress by a motor vehicle, in accordance with the following: (1)-(21) [These subsections shall remain in full force and effect as previously enacted.] (22)Resef-vea Private Museum: one space for each 500 square feet of display area,plus one space per 250 square feet of business office/ancillary area. (23)-(36) [These subsections shall remain in full force and effect as previously enacted.] Section 4: Each and every other section and subsection of Chapter 54. Offenses. shall remain in full force and effect as previously adopted. Section 5: All ordinances or parts of ordinances in conflict be and the same are hereby repealed. Section 6: Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. Section 7: Specific authority is hereby granted to codify this Ordinance. Section 8: This Ordinance shall take effect immediately upon adoption. 6 ORDINANCE DATE 05-24 08/08/24 I MOTION Vice-Mayor Rick Sartory SECOND Council Member Jayson E. French FOR AGAINST ABSENT CONFLICT Mayor Molly Young ❑ ❑✓ ❑ ❑ Vice-Mayor Rick Sartory ❑✓ ❑ ❑ ❑ Council Member Laurie Brandon ❑ ❑✓ ❑ ❑ Council Member Patrick Painter ❑✓ ❑ ❑ ❑ Council Member Jayson E. French ❑✓ ❑ ❑ ❑ The Mayor thereupon declared the Ordinance duly passed and adopted. MAYOR OF TEQUESTA: Molly Young 4.......... ATTEST: INCORPORATED nunrnunnmaua Lori McWilliams, MMC Village Clerk