HomeMy WebLinkAboutDocumentation_Regular_Tab 15_9/12/2024 Agenda Item #15.
Regular Council
STAFF MEMO x
Meeting: Regular Council - Sep 12 2024
Staff Contact: Jay Hubsch Department: Community Development
ORDINANCE NO. 01-24, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT
CHAPTER 78. ZONING. TO ADOPT NEW OVERLAY ZONING THAT IMPLEMENTS CERTAIN
RECOMMENDATIONS CONTAINED IN THE OCTOBER 2022 VILLAGE OF TEQUESTA
COMMERCIAL CORRIDOR MASTER PLAN AS PREPARED BY THE TREASURE COAST
REGIONAL PLANNING COUNCIL AND ADOPTED BY THE VILLAGE COUNCIL ON NOVEMBER
10, 2022; SPECIFICALLY AMENDING THE FOLLOWING SECTIONS: 78-4 DEFINITIONS. BY
ADOPTING NEW DEFINITIONS FOR "FORMULA BUSINESS," "FORMULA RESTAURANT,"
"FORMULA RETAIL," "OVERLAY DISTRICT," "FAQADE TRANSPARENCY," AND "CIVIC OPEN
SPACE;" 78-96 DISCONTINUANCE OF NONCONFORMING USES. BY ADDING LANGUAGE TO
EXPLAIN THE CONTINUATION OF NON-CONFORMING USES IN AN OVERLAY ZONE; 78-176 C-
1 NEIGHBORHOOD COMMERCIAL DISTRICT. BY ADDING PERMITTED AND SPECIAL
EXCEPTION USE REGULATIONS APPLICABLE TO OVERLAY ZONING; SEC. 78-177 C-2
COMMUNITY COMMERCIAL DISTRICT. BY ADDING PERMITTED AND SPECIAL EXCEPTION
USE REGULATIONS APPLICABLE TO OVERLAY ZONING; SEC. 78-178 C3 GENERAL
COMMERCIAL DISTRICT. BY ADDING PERMITTED AND SPECIAL EXCEPTION USE
REGULATIONS APPLICABLE TO OVERLAY ZONING; SEC. 78-180 MU MIXED USE DISTRICT.
BY ADDING PERMITTED AND SPECIAL EXCEPTION USE REGULATIONS APPLICABLE TO
OVERLAY ZONING, AND RESOLVING ANY CONFLICT BETWEEN MU ZONING AND OVERLAY
ZONING IN FAVOR OF OVERLAY ZONING; FURTHER CREATING AN ENTIRELY NEW ARTICLE
VI DIVISION 3 ENTITLED "OVERLAY DISTRICTS." WITH NEW CODE SECTIONS 78-201
THROUGH 78-204; ADOPTING SEC. 78-201 "TEQUESTA DRIVE OVERLAY," CREATING AND
DEFINING THIS OVERLAY DISTRICT, PROVIDING PURPOSE AND INTENT, PROVIDING
DESIGN, SETBACK, FACADE, PARKING, FORMULA BUSINESS AND RESTAURANT, OPEN
SPACE, AND LANDSCAPING GUIDELINES; PROVIDING FOR PAYMENT IN LIEU OF CERTAIN
OPEN SPACE REQUIREMENTS; PROVIDING FOR WAIVERS; RESOLVING ANY CONFLICT
BETWEEN GENERAL REGULATIONS AND OVERLAY ZONING REGULATIONS IN FAVOR OF
OVERLAY ZONING REGULATIONS; ALSO ADOPTING SEC. 78-202 "US HIGHWAY 1 OVERLAY,"
CREATING AND DEFINING THIS OVERLAY DISTRICT, PROVIDING PURPOSE AND INTENT,
PROVIDING DESIGN, SETBACK, FAQADE, PARKING, FORMULA BUSINESS AND
RESTAURANT, OPEN SPACE, AND LANDSCAPING GUIDELINES; PROVIDING FOR PAYMENT
IN LIEU OF CERTAIN OPEN SPACE REQUIREMENTS; PROVIDING FOR WAIVERS; RESOLVING
ANY CONFLICT BETWEEN GENERAL REGULATIONS AND OVERLAY ZONING REGULATIONS
IN FAVOR OF OVERLAY ZONING REGULATIONS; ALSO ADOPTING SEC. 78-203 "VILLAGE
CENTER OVERLAY," CREATING AND DEFINING THIS OVERLAY DISTRICT, PROVIDING
PURPOSE AND INTENT, PROVIDING DESIGN, SETBACK, FACADE, PARKING, FORMULA
BUSINESS AND RESTAURANT, OPEN SPACE, AND LANDSCAPING GUIDELINES; PROVIDING
FOR PAYMENT IN LIEU OF CERTAIN OPEN SPACE REQUIREMENTS; PROVIDING FOR
WAIVERS; RESOLVING ANY CONFLICT BETWEEN GENERAL REGULATIONS AND OVERLAY
ZONING REGULATIONS IN FAVOR OF OVERLAY ZONING REGULATIONS; AND ADOPTING
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Agenda Item #15.
SEC. 78-204 "WAIVERS" TO PROVIDE A PROCESS FOR OBTAINING WAIVERS FROM THE
VILLAGE COUNCIL FROM CERTAIN OVERLAY DISTRICT REQUIREMENTS, PROVIDING FOR
AN APPLICATION, AND PROVIDING CRITERIA FOR THE GRANTING OF A WAIVER;
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.
Introduction
The Village of Tequesta has over recent years felt increasing development pressure for residential
and mixed-use development. As a result, the Village Council contracted with the Treasure Coast
Regional Planning Council ("TCRPC") in November 2021 to review the Village's land development
regulations. The TCRPC was tasked with engaging the public and using that input to develop a
master plan for the development and redevelopment of the Village's commercial corridors and mixed-
use areas. On Saturday April 9, 2022, the TCRPC team kicked off a five-day public design charrette
at the Village Council chambers.
The TCRPC then created a draft Commercial Corridor Master Plan ("Master Plan"), which was
publicly reviewed at Village Council meetings on August 22, 2022, and October 3, 2022. The Master
Plan was formally adopted by Village Council on November 10, 2022. The Master Plan has numerous
recommendations for updates to the Village's land development regulations. These include
restrictions on formula-based uses, provision of civic open spaces, revised facade, setback, and
parking concepts, and the creation of overlay districts. Since adoption of the Master Plan, Village
planning staff and planning consultant Chen Moore & Associates have undertaken the task of
creating land development regulation amendments and have created three separate zoning overlay
zones. Publicly noticed workshops were held with the Village Council on May 30, 2023, July 31, 2023,
October 30, 2023, December 4, 2023, January 29, 2024, July 1, 2024, and July 29, 2024, to review
the Master Plan recommendations and draft versions of the revised land development regulations.
The updated regulations and zoning overlays were put into Ordinance 1-24, which was first brought to
the Local Planning Agency ("LPA") at the March 21, 2024, meeting. At that meeting, the LPA voted to
recommend approval of Ordinance 5-0 with conditions. The Ordinance then went before the Village
Council on April 11 for First Reading. At the April 11 meeting, the owners of the Paradise Park
property requested that the Village do more outreach to the business community and property owners
before adopting the Ordinance. The Village Council directed staff to do additional outreach and hold a
workshop with the business community.
The Village scheduled a workshop for April 29 and sent out invites to the business community.
Approximately 350 registered business owners and commercial property owners were sent emails,
and an additional 60 mailers were sent to commercial property owners. The April 29th workshop was
attended by the same property owners that attended the April 11 Village Council meeting, as well as
a few additional residents and business owners. At the meeting the Village Council directed staff to
make a few updates to the Ordinance and take those updates back to the LPA for additional review.
May Local Planning Agency Meeting
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Agenda Item #15.
The LPA initially reviewed Ordinance 1-24 at the March 21, 2024, meeting with a recommendation of
5-0 for approval. The revised Ordinance was sent back to the LPA by Village Council for additional
review at the May 16, 2024, meeting. At the May 16 LPA meeting, the owners of the Paradise Park
property spoke in opposition to the Village Center Overlay and requested that the Village adopt the
other two overlays and work together to formulate a code for the Village Center Overlay that has
more development allowances or incentives. They suggested relaxing the definition of formula
business so that it does not include health care or real estate services, as well as including
development incentives such as allowing limited waivers for additional height or density. They stated
if they could be granted a limited waiver for height or density, it would make it more feasible for them
to create more civic open space on site.
During the Village Master Plan charettes, the concept of allowing development incentives like
increases in building height and/or density was raised for feedback from participants. The Master
Plan states, "The concept of development incentives was raised during the Village of Tequesta
planning process and there was little to no interest in raising building heights or increasing densities."
After public comment and lengthy discussion, the Local Planning Agency voted 3-1 to recommend
approval of Ordinance 1-24 with the initial six recommendations from the March 21 meeting, as well
as two new conditions, and one minor update to condition #3. The conditions are:
1. Update the definition of "Open space, civic" to say "Open space, civic means an outdoor area that
is maintained as an urban amenity and is accessible to the general public during reasonable hours".
2. Update Section 78-204 (Waivers), to clarify that the Planning and Zoning Board shall review and
make recommendations on waivers to Village Council as part of the site plan approval process.
3. Make it clear that while the Village may allow the dedication of civic open space to the Village for
maintenance and operations, the Village Council does not have to accept the dedication or liability for
the dedication of civic open space.
4. Reduce the size of properties that are eligible to request a payment in lieu of civic open space from
2 acres to 1 acre.
5. Make it clear that civic open space cannot have artificial turf.
6. Establish criteria for when the 80/20 residential/commercial mix can be relaxed in the MU District.
7. (New) Update the definition of waiver to say: Waiver: means a request to deviate from a specific
code requirement where alternative solutions are provided that can be demonstrated to provide a
substantial public benefit that is specifically recognized by the Village Council to justify the waiver or
result in a better design outcome than the best design option permissible under the code. Waivers
may be granted in the Tequesta Drive, US Highway One, Village Center Overlay Districts, and
Planned Commercial Developments (PCD's).The substantial public benefit or the specific design
outcome must be specifically and expressly identified in writing by the applicant and approved by the
Village Council.
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Agenda Item #15.
8. (New) Exclude the Village Center Overlay from adoption of Ordinance 1-24 and continue
workshopping code changes with the owners of the Paradise Park property.
June Village Council Meeting
At the June 13 Village Council meeting, commercial property owners and an attorney representing
the new owner of the Village Square Plaza encouraged the Village Council to further workshop the
Ordinance, as recommended by the Local Planning Agency. The Village Council voted 3-2 to hold
additional workshops to review the proposed overlays.
July 1st and 29th Workshops
Village Council Workshops were held July 1st and July 29th. The July 1st meeting primarily focused
on formula businesses, while the July 29th meeting focused on development incentives. At each
meeting, the Village Council came to a consensus on various revisions to the code. A summary of the
revisions is in the following section.
Summary of Updates
-The definition of height in commercial zoning districts now says that the Village Council may allow a
20% increase in building height for architectural features during site plan approval.
-"Retail" was removed from the definition of formula businesses and a new definition of "formula
retail" was created. This creates a new category of formula uses.
-The Tequesta Drive Overlay now prohibits formula restaurants and formula retail but allows formula
business as a special exception. Previously formula restaurants and businesses were prohibited.
-The US-1 Overlay only requires formula restaurants to obtain a special exception. Formula retail and
businesses are exempt from any restrictions. Previously formula restaurants and businesses were
required to obtain a special exception.
-The Village Center Overlay requires special exceptions for formula retail and restaurants, but formula
businesses are exempt from any restrictions. Previously formula restaurants were prohibited, and
formula businesses were required to obtain a special exception.
-An expedited review process was created for new formula uses that are required a special
exception. New formula uses are eligible provided there is no expansion to the existing development.
The intent is to only grant expedited review to tenant change outs, not new uses associated with new
construction or redevelopment.
-In all three overlays, the code clarifies that existing drive through's may be used for the same use the
building was constructed for (i.e bank to bank).
-In the Village Center Overlay purpose and intent section, there is new language that references
objectives and policies in the Comprehensive Plan.
-The waiver section was modified in the Village Center Overlay to say that developments over 2 acres
that are located south of Tequesta Drive, which create 15% civic open space may be eligible to apply
for a waiver to allow up to 50% of one-bedroom units to count as .5 units for density and allow a
partial fifth story, which cannot exceed 50% of the building footprint.
-In all three overlays, language was added that says buildings fronting on two streets must have a
pedestrian entrance on each street. This is something that has not been brought up at meetings, but
staff believes should be added based on experiences with other codes.
If the Village Council would like to accept any of the Local Planning Agencies recommendations, it
shall incorporate them into a motion during first reading of Ordinance 01-24.
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Agenda Item #15.
The new additions to the Ordinance are shown in yellow in the marked-up version.
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Ordinance 01-24-Marked Up
Ordinance 01-24-Clean
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Agenda Item #15.
ORDINANCE NO. 01-24
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 78. ZONING. TO ADOPT NEW OVERLAY
ZONING THAT IMPLEMENTS CERTAIN RECOMMENDATIONS
CONTAINED IN THE OCTOBER 2022 VILLAGE OF TEQUESTA
COMMERCIAL CORRIDOR MASTER PLAN AS PREPARED BY THE
TREASURE COAST REGIONAL PLANNING COUNCIL AND ADOPTED
BY THE VILLAGE COUNCIL ON NOVEMBER 10, 2022; SPECIFICALLY
AMENDING THE FOLLOWING SECTIONS: 78-4 DEFINITIONS. BY
ADOPTING NEW DEFINITIONS FOR "FORMULA BUSINESS,"
"FORMULA RESTAURANT," "FORMULA RETAIL," "OVERLAY
DISTRICT," "FACADE TRANSPARENCY," AND "CIVIC OPEN
SPACE;" 78-96 DISCONTINUANCE OF NONCONFORMING USES. BY
ADDING LANGUAGE TO EXPLAIN THE CONTINUATION OF NON-
CONFORMING USES IN AN OVERLAY ZONE; 78-176 C-1
NEIGHBORHOOD COMMERCIAL DISTRICT. BY ADDING PERMITTED
AND SPECIAL EXCEPTION USE REGULATIONS APPLICABLE TO
OVERLAY ZONING; SEC. 78-177 C-2 COMMUNITY COMMERCIAL
DISTRICT. BY ADDING PERMITTED AND SPECIAL EXCEPTION USE
REGULATIONS APPLICABLE TO OVERLAY ZONING; SEC. 78-178 C3
GENERAL COMMERCIAL DISTRICT. BY ADDING PERMITTED AND
SPECIAL EXCEPTION USE REGULATIONS APPLICABLE TO
OVERLAY ZONING; SEC. 78-180 MU MIXED USE DISTRICT. BY
ADDING PERMITTED AND SPECIAL EXCEPTION USE
REGULATIONS APPLICABLE TO OVERLAY ZONING, AND
RESOLVING ANY CONFLICT BETWEEN MU ZONING AND OVERLAY
ZONING IN FAVOR OF OVERLAY ZONING; FURTHER CREATING AN
ENTIRELY NEW ARTICLE VI DIVISION 3 ENTITLED "OVERLAY
DISTRICTS." WITH NEW CODE SECTIONS 78-201 THROUGH 78-204;
ADOPTING SEC. 78-201 "TEQUESTA DRIVE OVERLAY," CREATING
AND DEFINING THIS OVERLAY DISTRICT, PROVIDING PURPOSE
AND INTENT, PROVIDING DESIGN, SETBACK, FACADE, PARKING,
FORMULA BUSINESS AND RESTAURANT, OPEN SPACE, AND
LANDSCAPING GUIDELINES; PROVIDING FOR PAYMENT IN LIEU
OF CERTAIN OPEN SPACE REQUIREMENTS; PROVIDING FOR
WAIVERS; RESOLVING ANY CONFLICT BETWEEN GENERAL
REGULATIONS AND OVERLAY ZONING REGULATIONS IN FAVOR
OF OVERLAY ZONING REGULATIONS; ALSO ADOPTING SEC. 78-
202 "US HIGHWAY 1 OVERLAY," CREATING AND DEFINING THIS
OVERLAY DISTRICT, PROVIDING PURPOSE AND INTENT,
PROVIDING DESIGN, SETBACK, FACADE, PARKING, FORMULA
BUSINESS AND RESTAURANT, OPEN SPACE, AND LANDSCAPING
GUIDELINES; PROVIDING FOR PAYMENT IN LIEU OF CERTAIN
OPEN SPACE REQUIREMENTS; PROVIDING FOR WAIVERS;
RESOLVING ANY CONFLICT BETWEEN GENERAL REGULATIONS
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Agenda Item #15.
AND OVERLAY ZONING REGULATIONS IN FAVOR OF OVERLAY
ZONING REGULATIONS; ALSO ADOPTING SEC. 78-203 "VILLAGE
CENTER OVERLAY," CREATING AND DEFINING THIS OVERLAY
DISTRICT, PROVIDING PURPOSE AND INTENT, PROVIDING DESIGN,
SETBACK, FACADE, PARKING, FORMULA BUSINESS AND
RESTAURANT, OPEN SPACE, AND LANDSCAPING GUIDELINES;
PROVIDING FOR PAYMENT IN LIEU OF CERTAIN OPEN SPACE
REQUIREMENTS; PROVIDING FOR WAIVERS; RESOLVING ANY
CONFLICT BETWEEN GENERAL REGULATIONS AND OVERLAY
ZONING REGULATIONS IN FAVOR OF OVERLAY ZONING
REGULATIONS; AND ADOPTING SEC. 78-204 "WAIVERS" TO
PROVIDE A PROCESS FOR OBTAINING WAIVERS FROM THE
VILLAGE COUNCIL FROM CERTAIN OVERLAY DISTRICT
REQUIREMENTS, PROVIDING FOR AN APPLICATION, AND
PROVIDING CRITERIA FOR THE GRANTING OF A WAIVER;
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, not unlike many other local governments in Palm Beach County, the
Village of Tequesta has, over recent years, felt increasing development pressure for
residential, including mixed-use, development; and
WHEREAS, while the Village of Tequesta currently has a Mixed-Use Zoning
District by name, it does not function as a traditional mixed use zone, having developed
with adjacent but separate and more traditional areas of residential and commercial
uses as opposed to blending these uses into one area; and
WHEREAS, commercially zoned areas have also been, and continue to be,
pursued for residential redevelopment through the "Live Local Act" recently adopted by
the State Legislature, and other re-development; and
WHEREAS, these recent development trends gave cause to the Village Council
to be concerned that the Village's current zoning map designations and land
development code text regulations are in need of re-evaluation and update to provide
clearer direction on the community's expectations for future growth; and
WHEREAS, as a result, in November 2021 the Village Council of the Village of
Tequesta contracted with the Treasure Coast Regional Planning Council (TCRPC) to
review existing Village land development regulations, engage the public including land
owners and other interested stakeholders in a public design charrette process, and
develop a master plan which creates a vision for the development and re-development
of the commercial corridors and mixed-use areas within the Village; and
WHEREAS, On Saturday April 9, 2022, the TCRPC team kicked off a five-day
public design charrette held at the Tequesta Village Council chambers, which
culminated two months of pre-charrette stakeholder interviews, as well as meetings with
the Charrette Host Committee to organize the logistics of the effort; and
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Agenda Item #15.
WHEREAS, On Wednesday, April 13, 2022 a work-in-progress public
presentation was given to illustrate work to date and solicit even more public input from
property owners, stakeholders and other interested persons; and
WHEREAS, during publicly noticed meetings on August 22, 2022 and October 3,
2022, the Village Council publicly reviewed and commented on draft versions of the
Commercial Corridor Master Plan; and
WHEREAS, on November 10, 2022, the Village Council of the Village of
Tequesta formally adopted the final version of the Commercial Corridor Master Plan;
and
WHEREAS, the final adopted Commercial Corridor Master Plan contains data
and recommendations for implementation, with emphasis on amendments to land
development regulations that include restrictions on formula based uses, provision for
civic spaces, and revised fagade, setback, and parking concepts, and the creation of
overlay districts to accomplish the implementation of the vision contained therein, which
started with input from Tequesta residents, commercial corridor and mixed use land
owners, and other stakeholders and interested persons; and
WHEREAS, Village of Tequesta Planning staff and planning consultant, Chen
Moore & Associates, has, since the adoption of the Commercial Corridor Master Plan by
the Village Council, undertaken the task of creating land development regulation
amendments establishing three separate overlay zones which implement many of the
Commercial Corridor Master Plan recommendations; and
WHEREAS during publicly noticed meetings on May 30, 2023, July 31, 2023,
October 30, 2023, December 4, 2023, and January 29, 2024 the Village's Planning
Consultants, Chen Moore & Associates presented a draft land development overlay
code and explained how said overlay code amendments would implement the
Commercial Corridor Master Plan into Village code; and
WHEREAS, the Village Council now desires to amend its land development
regulations by adopting the overlay code amendments prepared by Village staff and the
Village's planning Consultant Chen Moore & Associates; and
WHEREAS, the Village of Tequesta Planning & Zoning Board, sitting as the
Local Planning Agency, conducted a public hearing on March 21, 2024 to review the
land development regulation amendments establishing three separate overlay zones
which implement many of the Commercial Corridor Master Plan recommendations and
make a recommendation to the Village on the adoption of such land development
regulation amendments; and
WHEREAS, following the Local Planning Agency public hearing, the Village
Council conducted additional public workshops in April and May 2024, and received
additional public comment primarily from the business community and as a result,
directed further revision to the overlay codes; and
WHEREAS, having considered the recommendation of the Local Planning
agency, and having conducted all required advertised public hearings, and having
considered the public comments from the Village's business community and others, the
Village Council of the Village of Tequesta has determined that adoption of this
ordinance, containing the land development regulation amendments establishing three
separate overlay zones which implement many of the Commercial Corridor Master Plan
recommendations, is in the best interest of the Village of Tequesta, and will promote the
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Agenda Item #15.
public health, safety and welfare for the residents of the Village of Tequesta.
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. Sec. 78-4. Definitions, by adopting
new definitions for "formula business," "formula restaurant," "formula retail," "overlay
district," "facade transparency," and "civic open space; placing said definitions
alphabetically into the list of definitions; providing that section 78-4 shall hereafter read
as follows:
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.
Business, formula means an establishment that offers health care, medical, dental,
personal service, or real estate services with a standardized array of services and/or
merchandise, employee uniforms, decor, facade design, signage, color scheme.
trademark or service mark, name, or similar standardized features; and is one of a
chain or group of ten or more in the nation.
Dwelling unit means one or more rooms in a residential building or residential portion
of a building, which are arranged, designed, used or intended for family purposes and
which include lawful cooking space and lawful sanitary facilities reserved for the use of
the single-family occupants thereof. Developments in the Village Center Overlay may
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Agenda Item #15.
be granted a waiver to count one-bedroom multi-family units as half a dwelling unit for
density purposes.
Open space, civic means an outdoor area that is maintained as an urban amenity
and is accessible to the general public. Civic open spaces typically take the form of a
reen, a plaza, a playground, a square or others.
Overlay district means an area of land for which there are uniform regulations
governing the use of buildings and premises, density of development, yard
requirements, and height limitations. Overlay districts are layered on top of certain
portions of existing zoning districts, and apply additional or different standards to all
areas within the overlay.
Restaurant formula means any establishment that is one of a chain or group of ten or
more restaurants in the nation, and which satisfies at least two of the following three
descriptions:
1) It has the same or similar name, trade name, or trademark as others in the chain
or group:
2) It has standardized and limited menus, ingredients, food and beverage
preparation:
3) It offers any of the following characteristics in a style that is distinctive to and
standardized among the chain or group:
a. Exterior design or architecture:
b. Interior design: or
c. uniforms, except that a personal identification or simple logo will not render the
clothing a uniform.
Retail, formula means a type of retail sales activity or retail sales establishment with a
standardized array of services and/or merchandise, employee uniforms, decor. facade
design, signage, color scheme, trademark or service mark, name, or similar
standardized features: and is one of a chain or group of ten or more in the nation.
formula retail stores do not include establishments providing professional services,
including, but not limited to, real estate offices, medical offices, dental offices, offices
of health practitioners, banks. mortgage and securities brokers, personal services,
accounting services, appraisers, insurance agents, and interior decorators.
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Agenda Item #15.
Transparency, facade means the amount of transparent window glass or other
openings in a building's facade along a street frontage, relative to the overall surface
area of the facade. This ratio is expressed as a percentage and is calculated
separately for the ground story of a facade and for each upper story.
Waiver means a request to deviate from a specific code requirement where alternative
solutions are provided that can be demonstrated to provide a public benefit or result in
a better design outcome. Waivers may be granted in the Tequesta Drive, US Hiahwav
One, Village Center Overlay Districts. and Planned Commercial Developments
PCD's .
[All other definitions shall remain in full force and effect as previously adopted]
Section 2: Chapter 78. Zoning. of the Code of Ordinances of the Village of
Tequesta is hereby amended at Article IV. Nonconforming uses; nonconforming
structures. Sec. 78-96. Discontinuance of nonconforming uses, by amending this
section to provide regulations for legal nonconforming uses in an overlay zone;
providing that section 78-96 shall hereafter read as follows:
Sec. 78-96. - Discontinuance of nonconforming uses.
When a nonconforming use has been vacated, abandoned or discontinued for a
period of 90 consecutive days, any future use in such structure or on such land shall
revert to the uses permitted in the district in which the structure and/or land is located,
and shall not thereafter be occupied by any nonconforming use. The 90-day period set
forth herein shall not apply to the discontinuation of a nonconforming use caused by
flood, fire, explosion or other casualty, or act of God, government, or the public
enemy. However, to the extent that structural restoration or repair is required in order
for the nonconforming use to resume, Section 78-98(c) shall apply.
If an existing use was legally permitted on its site prior to adoption of the
commercial overly code in 2024 but is not subsequently included as a permitted use
in the commercial overlay code, that existing use will continue to be deemed a
permitted nonconforming use. Permitted nonconforming uses that were legally
permitted prior to adoption of the commercial overlay code in 2024 that have been
vacated, abandoned, or discontinued, may be replaced by the same use within 180
days. When a permitted nonconforming use has been replaced with a different use. or
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Agenda Item #15.
when it has been vacated, abandoned, or discontinued for more than 180 days, it is no
longer considered a permitted nonconforming-use,
Section 3: Chapter 78. Zoning. of the Code of Ordinances of the Village of
Tequesta is hereby amended at Sections 78-176 C-1 neighborhood commercial district,
78-177 C-2 community commercial district, 78-178 C-3 general commercial district, and
78-180 MU mixed use district, to amend use regulations consistent with the Commercial
Corridor Master Plan, provide specific regulation for formula based businesses, retail,
and restaurants, provide new overlay zone regulations, and to provide code conflict
resolutions; providing that Sections 78-176, 78-177, 78-178, and 78-180 shall hereafter
read as follows:
Sec. 78-176. C-1 neighborhood commercial district.
(a) Purpose. It is the purpose and intent of the C-1 neighborhood commercial district to
provide lands within the village as depicted on the official zoning map for limited
retail sales and business service activities primarily designed to serve residential
neighborhoods of the village. The district is not intended for use by major or large
scale commercial or service concerns. Professional and business offices and
service establishments and uses that specifically address the needs of surrounding
residents are encouraged. Orientation to and compatibility with neighborhoods to
be served are critical.
(b) Permitted uses. Permitted uses in the C-1 district are as follows except as
regulated by the Tequesta Drive overlay, the U.S. Highway 1 overlay, and the
Villaae Center overlay:
(1) Retail sales and services, excluding retail package liquors
(2) Business services
(3) Health care facility or medical or dental office; professional office; professional
services
(4) Personal services
(5) Restaurants, excluding fast food restaurants, drive-in restaurants, and carryout
restaurants
(6) Restaurant, specialty
[subsections (7) through (9) shall remain in full force and effect as previously
adopted]
7
Page 358 of 660
Agenda Item #15.
(c) Accessory uses. Accessory uses allowed in the C-1 district are as follows:
Any accessory use customarily incidental to a permitted use.
(d) Special exception uses. Special exception uses in the C-1 district are as follows,
except as regulated by the Teguesta Drive overlay, the U.S. Highway 1 overlay.
and the Village Center overlay:
[subsections (1) through (6) shall remain in full force and effect as previously
adopted]
(e) Prohibited uses and structures. The following uses and structures are prohibited in
the C-1 district, except as regulated by the Teguesta Drive overlay, the U.S.
Highway 1 overlay, and the Village Center overlay:
Any use or structure not specifically or by reasonable implication permitted in this
section as a permitted use, accessory use or permissible by special exception.
Sec. 78-177. C-2 community commercial district.
(a) Purpose. It is the purpose and intent of the C-2 community commercial district to
provide lands within the village as depicted on the official zoning map for the
development of commercial activities with a location convenient to U.S. Highway 1
automotive traffic. This district will serve the community at large and provide a
mixture of convenience goods and services that offers a greater variety of uses
than permitted at neighborhood level.
(b) Permitted uses. Permitted uses in the C-2 district are as follows, except as
regulated by the Teguesta Drive overlay, the U.S. Highway 1 overlay, and the
Village Center overlay:
(1) Retail sales and services, excluding retail package liquors
(2) Business services
(3) Health care facility or medical or dental office; professional office; professional
services
(4) Personal services
(5) Restaurants, excluding fast food restaurants, drive-in restaurants, and carryout
restaurants
(6) Restaurant, specialty
8
Page 359 of 660
Agenda Item #15.
[subsections (7) through (11) shall remain in full force and effect as
previously adopted]
(c) Accessory uses. Accessory uses allowed in the C-2 district are as follows:
Any accessory use customarily incidental to a permitted use.
(d) Special exception uses. Special exception uses in the C-2 district are as follows;
except as regulated by the Teguesta Drive overlay, the U.S. Highway 1 overlay.
and the Village Center overlay:
[subsections (1) through (20) shall remain in full force and effect as
previously adopted]
(e) Prohibited uses and structures. The following uses and structures are prohibited in
the C-2 district except as regulated by the Teguesta Drive overlay. the U.S.
Highway 1 overlay, and the Village Center overlay:
Any use or structure not specifically or by reasonable implication permitted in this
section as a permitted use, accessory use or permissible by special exception.
(f) Property development regulations.
[This subsection shall remain in full force and effect as previously adopted]
Sec. 78-178. C-3 general commercial district.
(a) Purpose. It is the purpose and intent of the C-3 general commercial district to
provide lands within the village as depicted on the official zoning map and thereby
encourage the development of a general variety of commercial uses which provide
a wide range of goods and services.
(b) Permitted uses. Permitted uses in the C-3 district are as follows, except as
regulated by the Teguesta Drive overlay, the U.S. Highway 1 overlay, and the
Village Center overlay:
(1) Retail sales and services
(2) Business services
(3) Health care facility or medical or dental office; professional office; professional
services
(4) Personal services
(5) Retail package liquors, lounges and bars.
9
Page 360 of 660
Agenda Item #15.
(6) Restaurants, excluding fast food restaurants, drive-in restaurants and carryout
restaurants
(7) Restaurant, specialty
[subsections (8) through (21) shall remain in full force and effect as
previously adopted]
(c) Accessory uses. Accessory uses allowed in the C-3 district are as follows:
Any accessory use customarily incidental to a permitted use.
(d) Special exception uses. Special exception uses in the C-3 district are as follows}
except as regulated by the Teauesta Drive overlay, the U.S. Highway 1 overlay.
and the Village Center overlay:
[subsections (1) through (11) shall remain in full force and effect as
previously adopted]
(e) Prohibited uses and structures. The following uses and structures are prohibited in
the C-3 district except as regulated by the Teauesta Drive overlay, the U.S.
Highway 1 overlay, and the Village Center overlay:
Any use or structure not specifically or by reasonable implication permitted in this
section as a permitted use, accessory use or permissible by special exception.
Sec. 78-180. MU mixed-use district.
(a) Purpose. The purpose and intent of the MU mixed-use district is to establish a
village center which creates a vital, diverse core for the principles which utilize
mixed-use development concepts and which permit a combination of usually
separated uses within a unified development district area. Natural features should
be enhanced and environmental conditions carefully assessed. Commercial uses
are intended to be limited to specialty small scale retail sales and services,
business services and professional services primarily designed to serve
residential neighborhoods of the village. Orientation to and compatibility with
neighborhoods to be served are essential. Residential uses are intended to
encourage the accomplishment of a more complete residential living environment
through the application of imaginative approaches to development which establish
neighborhood identity and community focus. It is further the purpose and intent of
10
Page 361 of 660
Agenda Item #15.
this area to provide lands for a range of residential uses from lower density single-
family to higher density residential uses. Traffic circulation should not only
accommodate vehicular traffic, but provide for the efficient movement of
pedestrian and bicycle traffic.
(b) Applicability of development regulations to mixed-use development.
[This subsection shall remain in full force and effect as previously adopted]
(c) Conflicts with other regulations. Where conflicts exist between the mixed-use district
special regulations in this section and general zoning, subdivision and other
applicable ordinance provisions, the special regulations in this section shall apply.
Where conflicts exist between the mixed-use district special regulations in this
section and an overlay district regulations, the overlay regulations supersede the
mixed-use zoning district special regulations.
(d) General requirements and special regulations. The following general requirements
and special regulations shall apply to planned mixed-use development within the
mixed-use district:
[subsections (1) through (5) shall remain in full force and effect as
previously adopted]
6) Mix Of Uses. New development and redevelopment in the MU Zoning District
shall comply with the requirements of Table FLU-1 of the Future Land Use
Element of the Village of Teauesta Comprehensive Plan by intearatina a mix
of uses such that residential uses shall comprise no less than twenty (20)
percent and no more than eighty (80) percent of the development or
redevelopment. The Village Council may relax this requirement on a case by
case basis when the development or redevelopment project parcel(sl are too
small to comply or when other circumstances necessitate the need to provide
a solely commercial or residential development proiect.
[subsections (e) through (g) shall remain in full force and effect as previously
adopted]
(h) Permitted uses. Permitted uses in the mixed-use district are as follows exc
regulated by the Teauesta Drive overlay, the U.S. Highway 1 overlay, and the
Village Center overlay.
11
Page 362 of 660
Agenda Item #15.
(1) Single-family dwellings.
(2) Two-family dwellings.
(3) Multiple-family dwellings.
(4) Small-scale retail sales and service, excluding retail package liquors. A
maximum 5,000 square feet of gross leasable area is allowed for each tenant
area or individually owned unit
(5) Business services. A maximum 5,000 square feet of gross leasable area is
allowed for each tenant area or individually owned unit.
(6) Health care facility or medical or dental office; professional office; professional
services. A maximum 5,000 square feet of gross leasable area is allowed for
each tenant area or individually owned unit.
(7) Personal services. A maximum 5,000 square feet of gross leasable area is
allowed for each tenant area or individually owned unit.
(8) Bakeries. A maximum 5,000 square feet of gross leasable area is allowed for
each tenant area or individually owned unit.
(9) Recreation/open space.
(10) Restaurants (including carryout and specialty), A maximum 5,000 square feet
of gross leasable area is allowed for each tenant area or individually owned
unit.
(11) Places of assembly (1,500 square feet or less), 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 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; and
rectory or similar residence for facility officials or on-site caretakers, limited
to one dwelling unit.
(i) Special exception uses. Special exception uses in the mixed-use district are as
follows except as regulated by the Teguesta Drive overlay, the U.S. Highway 1
overlay, and the Village Center overlay:
12
Page 363 of 660
Agenda Item #15.
[subsections (1) through (17) shall remain in full force and effect as
previously adopted]
[subsections 0) through (m) shall remain in full force and effect as previously
adopted]
Sec. 78-181-78-200 78-220. - Reserved.
Section 4: Chapter 78. Zoning. of the Code of Ordinances of the Village of
Tequesta is hereby amended by creating an entirely new Article VI Division 3 to be
entitled "Overlay districts;" creating entirely new Sections 78-201 through 78-204;
adopting Sec. 78-201 "Tequesta Drive Overlay," creating and defining this overlay
district, providing purpose and intent, providing design, setback, fagade, parking,
formula business and restaurant, open space, and landscaping guidelines; providing for
payment in lieu of certain open space requirements; providing for waivers; resolving any
conflict between general regulations and overlay zoning regulations in favor of overlay
zoning regulations; also adopting Sec. 78-202 "US Highway One Overlay" creating and
defining this overlay district, providing purpose and intent, providing design, setback,
fagade, parking, formula business and restaurant, open space, and landscaping
guidelines; providing for payment in lieu of certain open space requirements; providing
for waivers; resolving any conflict between general regulations and overlay zoning
regulations in favor of overlay zoning regulations; also adopting Sec. 78-203 "Village
Center Overlay" creating and defining this overlay district, providing purpose and intent,
providing design, setback, fagade, parking, formula business and restaurant, open
space, and landscaping guidelines; providing for payment in lieu of certain open space
requirements; providing for waivers; resolving any conflict between general regulations
and overlay zoning regulations in favor of overlay zoning regulations; also adopting Sec.
78-204 "Waivers" to provide a process for obtaining waivers from the Village Council
from certain overlay district requirements, providing for an application, and providing
criteria for the granting of a waiver; providing that Chapter 78, Article VI, Division 3 shall
hereafter read as follows:
DIVISION 3. — OVERLAY DISTRICTS
Sec. 78-201. Teguesta Drive Overlay,
La Purpose and intent. The Teguesta Drive Overlay is established to preserve and
protect the local "hometown" village character and aesthetics, by limiting uses
permitted within the corridor in a manner that balances convenience with the
delivery of limited services in a way that is not disruptive to residential areas.
Ub Conflicts with other regulations. In the event that overlay district regulations conflict
with general zoning or special district regulations, the overlay district regulations
supersede and control over the general zoning or special district regulations.
13
Page 364 of 660
Agenda Item #15.
Uc Design. Aesthetic considerations within the Teauesta Drive Overlay as set forth in
the November 10, 2022 Commercial Corridor Master Plan should be incorporated
into all new development and re-development in this Overlay Zone. Specific
architectural styles are neither mandated nor banned: however, new development
and re-development should strive to reflect the architectural styles listed in
Appendix D (Architectural Design Guidelines) of the Commercial Corridor Master
Plan.
dM Streets. Streets within the Teauesta Drive Overlay shall be designated as primary
and secondary streets. Teauesta Drive, Seabrook Road. and Cypress Drive are
the only designated primary streets. All other streets are designated as secondary
streets.
Up Location of building and off-street parking.
1) Building Location.
a. Front Setbacks; encroachments. The maximum front setback is 20 feet
and the minimum landscape buffer is 15 feet: however, the following
frontage types as detailed in Appendix C of the Village of Teauesta
Commercial Corridor Master Plan may encroach a maximum of four (4)
feet into the minimum 15 foot landscape buffer as set forth in Table 1 and
depicted in Figure 1 below:
Teguesta Drive Overlay Permissible • • • Encroachments
Permitted Teauesta Drive West Seabrook Road Cypress Drive
Frontage Types
Porch Yes Yes No
Stoop Yes Yes No
Bracketed No No No
Balcony
Forecourt Yes Yes Yes
Arcade No No No
Shopfront Yes No Yes
Table 1: Teauesta Drive Overlay
14
Page 365 of 660
Agenda Item #15.
Property Line
15'
Building Footprint 20 R-O-W
45 1 6'�,
co _
3
Allowable Encroachment Y
Ca
Walkway },
15' 20' MAX
_ Landscape Front Setback 16' o c%
Buffer N N >,
___________________________________i
Sidewalk
E
Swale
R-O-W
Primary Street
Fig. 1: Teauesta Drive Overlay
b. Front facades on any third story and above must have front setback of
eight (8) to twelve (12) feet in addition to the first floor setback as
depicted in Figure 2 below:
32' Overall Setback
28' Overall Setback Leve
IL12' 3
8'
Level 2
20' MAX
Setback
1 6'
11 4' e Leve I 1
Sidewalk 15'
Street Landscape
+ Swale Buffer
Property Line ; Building Line
Private Proper.
Fig 2: Teauesta Drive Overlay
c. Building facades along a street frontage shall provide the appropriate
facade transparent elements such as glass windows or other approved
15
Page 366 of 660
Agenda Item #15.
openings to eliminate the creation of blank and stark walls along street
frontages.
d. Buildings fronting on two (2) streets must have a pedestrian entrance on
both streets.
(2) Location of off-street parking.
a. Parking is not permitted in the front setbacks or in the side setbacks facing
streets. Darks, or civic open spaces. Figures 3. 4. and 5 below are
guidelines for illustrative purposes and depict minimum requirements.
Primary Street
Swale
Sidewalk Property
- ---- -- - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - Line
I — 1
Q, I
Building Footprint
} aj ro i
cry io �
N :2
a i
Rear Parking
I
16' I I I 20': J
F
R-o-w 15' Landscape Buffer
--------------------------------------------------
Fig. 3: Teguesta Drive Overlay
16
Page 367 of 660
Agenda Item #15.
Primary Street
Swale
Li
Property
Line-� - - - - - - - - - - - - - - - - - -Sidewalk- - - - - - - - - - - - - - - - - - - - - - - - -
. .
F
i
,.
Zo° Building Footprint
v �
l Rear Parking
� _ t
Rear Parking
15' Landscape Buffer '
- - - - - - - - - - - - - -- - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - -- - -
Fig. 4: Teauesta Drive Overlay
Primary Strut
4a Swale
Property �P. Sidewalk
Line ►E - - - _ _ _ _ o - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
is
20 Building Footprint !
6'CD
<U , Rear Parking ,
c.7
,
Rear Parking
Alleyvvay
Fig. 5: Teauesta Drive Overlay
17
Page 368 of 660
Agenda Item #15.
b. Surface parking lots shall be screened from public view, when possible, by
either buildings or landscaping.
c. Shared parking in compliance with the requirement of Section 78-706 of
the Village Code of Ordinances is encouraged.
f) Formula businesses, restaurants, retail and drive through facilities.
1) Formula restaurants, formula retail, and drive through facilities are prohibited
in the Teguesta Drive Overlay. However, existing drive through facilities may
be used for the same use the building was constructed for.
2) Formula business. Formula businesses that conform with the intent and
integrity of the district are permitted in the Teguesta Drive Overlay as a special
exception use, subject to the following conditions:
a. The proposed formula business shall comply with the special exception
requirements of Village Code Sections 78-363 and 78-364. New formula
businesses within existing developments shall qualify for expedited special
exception review by Village Council, provided there is no expansion to the
existing development. Special exception applications that are submitted at
least 30 days in advance of a Village Council meeting, and are deemed
sufficient, shall be brought forward to that Village Council meeting for
review.
b. The proposed formula business will not alter the identity of the zoning
district in a way which detracts from its local uniqueness.
c. The proposed formula business will contribute to a diverse and
appropriate blend of businesses in the district.
d. The proposed formula business will complement the existing businesses
in the district and help promote and foster the local economic base.
e. The proposed formula business will be compatible with existing
surrounding uses.
f. The proposed formula business has been designed and will be operated
in a nonobtrusive manner to preserve the local neighborhood character
and ambiance and the proposed intensity of uses on the site is
appropriate given the uses permitted on the site and on adjoining sites.
18
Page 369 of 660
Agenda Item #15.
g. Architectural style, design, exterior facade colors shall be compatible with
the surrounding neighborhood.
h. The proposed formula business' corporate structural elements and
signage will be designed to be in harmony with architectural features and
elements of the building and neighborhood as approved by the Village
Council.
J. Drive through facilities are prohibited, except that existing drive through
facilities may be used for the same use the building was constructed for.
a) Civic open space.
1) Amount required. New development or re-development which adds gross floor
area of 20 percent or more to the existing development is required to provide
civic open space equal to five (5) percent of the total site's square footage.
Civic open space shall be counted towards the required minimum landscaped
open space.
2) Types of civic open spaces. Civic open space shall be designed as one of the
following types, and shall be identified on the site plan:
a. Green. A green is at least 1.000 square feet in size and adjoins streets on
at least two sides or a street and a pedestrian passageway or main
building entry. Greens are designed primarily for passive uses, consisting
primarily of lawn with either formally or informally arranged landscaping.
b. Plaza. A plaza is at least 1.000 square feet in size and adjoins streets on
at least two sides or a street and a pedestrian passageway or main
building entry. Plazas are mostly hardscaped with formally arranged
landscaping and a water feature.
c. Playground. A playground is at least 2.500 square feet in size.
Playgrounds provide children's play equipment and shaded seating.
Playgrounds adjoin a street on at least one side and the configuration
should ensure easy surveillance of the area from adjacent buildings and
streets.
d. Square. A square is at least 10.000 square feet and adjoins streets on at
least three sides. Squares may be up to 50 percent hardscaped. with
19
Page 370 of 660
Agenda Item #15.
formal landscaping. Squares accommodate both passive uses and
community gatherinas.
e. Attached Green. An attached green is generally 2.000 to 6,000 square
feet and spans the entire length of a block. Attached greens shall be at
least 30 feet wide and are appropriate on the short end of a block.
Attached greens are primarily lawns with formally arranged landscapina.
f. Forecourt. A forecourt is an open area in front of the main building
entrance(s) designed as a small garden or plaza. Low walls or balustrades
no higher than three feet six inches in height may enclose the forecourt.
Forecourt walls are constructed of similar material as the principal buildina
or are composed of a continuous, maintained hedge. A forecourt may
afford access to one or more first floor residential dwelling units or
incorporate storefronts for commercial uses. The forecourt is suitable for
outdoor seating for residents or restaurants. Forecourts are typically
associated with multifamily, mixed-use, and commercial buildings.
g. Pedestrian passageway, A pedestrian passageway is open to the sky
connecting the front of the property to the rear, at least ten feet in width,
and containing a minimum of 50% pervious, landscaped area, with
decorative elements of interest, such as benches, trellises, sculptures, and
water features which complement the design style of the buildina. Outdoor
use areas may be provided adjacent to but not within the minimum
required pedestrian passageway area.
h. For civic open space requirements less than 250 square feet, the space
may incorporate elements such as: fountain, living wall, mural, or
sculpture facing a street or a pedestrian passageway.
(3) Maintenance and operation of civic open space. Civic open space areas may
be dedicated to the Village for maintenance and operations purposes.
Otherwise, maintenance and operations shall be the responsibility of the
owner.
If a civic open space is dedicated to the Village. the Village shall assume all
liability and responsibility for the property. The assumption of liability and
20
Page 371 of 660
Agenda Item #15.
responsibility shall be included in the dedication and shall be recorded in the
public records of Palm Beach County,
4) Payment in lieu. In lieu of dedication of land for civic open space. the Villa
Council at its discretion may accept a fee in lieu of land for properties
consisting of 2 acres of less. Such fee shall be equal to the appraised value of
the amount of land that would otherwise be dedicated for civic open space
purposes. Appraised value shall be based upon the market value of the land in
its present state, prior to the proposed subdivision and/or development, as
determined by the county tax assessor's appraised value.
a. A fee in lieu of land dedication may be accepted by the Village Council
when the location, size, natural condition, or other similar condition exists
where the dedication of land would not be in the best interest of the
Village. An example of such a condition is when there is existing land
available for recreational use within the immediate area of the proposed
subdivision and/or land development or re-development.
b. In determining whether to accept a fee in lieu of land the Village Council
shall consider the age groups of residents to be served, the availability
and service capabilities of existing recreational facilities in the Village. and
the general physical characteristics of the proposed civic open space.
c. Fees in lieu shall be used for the acquisition, enhancement, expansion
and/or development of the Village's existing parks, recreation, land
systems, or streetscapes.
d. Fees paid in lieu may be used in conjunction with waivers. If an applicant
is granted a partial waiver regarding the provision of civic open space, the
applicant is required to pay the fee lieu for the remaining un-waived
portion.
h) Landscape buffers and waivers.
1) Landscape buffers on the front and side may be reduced by no greater than
25% of each area to accommodate civic open space, as depicted in Figure 6
below.
21
Page 372 of 660
Agenda Item #15.
I
jnt '
Building Footprint a'Allowab R-O-W
Encroachm16
Walkway
c Y ai
+�
Q To
1 5• 20 MAX Civic Open Space RP
LJ
Landscape Front 5etback I %.0—"U, ;,
Buffer I �'
------'k- ------- s--- --- --- - - - - - -- - ---- i
Sidewalk
E
S a
R-O-W wale
Primary Street
Fig. 6: Teguesta Drive Overlay
2) Waivers. Waivers from site or landscape requirements may be requested from
certain overlay zone regulations. All waivers must be granted by the Village
Council in conjunction with a site plan review application. Waivers cannot be
used to:
a. Add uses that are not permitted in the overlay or zoning district.
b. Increase the maximum allowed density/intensity.
c. Increase the maximum allowed building height.
Sec. 78-202. US Highway One Overlay,
La Purpose and intent. The US Highway 1 Overlay is established to encourage and
provide for a pedestrian friendly commercial corridor with enhanced physical
appearance through increased landscaping of public and private property:
clustering of complementary uses throughout various locations within the corridor:
and construction of pedestrian oriented facilities in both public and private realms
along US Hiahwav 1.
Lb Conflicts with other regulations. In event that the overlay district regulations conflict
with general zoning or special district regulations, the overlay regulations supersede
the general zoning or special district regulations.
Cc Design. Aesthetic considerations within the US Highway 1 Overlay as set forth in
the November 10, 2022 Commercial Corridor Master Plan should be incorporated
into all new development and re-development in this Overlay Zone. Specific
22
Page 373 of 660
Agenda Item #15.
architectural styles are neither mandated nor banned: however, new development
and re-development should strive to reflect the architectural styles listed in
Appendix D (Architectural Design Guidelines) of the Commercial Corridor Master
Plan.
d Streets. Streets within the US Highway 1 Overlay shall be designated as primary
and secondary streets. Teguesta Drive and US Highway 1 are the only designated
primary streets. All other streets are designated as secondary streets.
Le Location of building and off-street narking.
1) Building Location.
a. Front Setbacks; encroachments. The maximum front setback is 20 feet
and the minimum landscape buffer is 15 feet: however, the following
frontage types as detailed in Appendix C of the Village of Teguesta
Commercial Corridor Master Plan may encroach a maximum of four (4)
feet into the minimum 15 foot landscape buffer as set forth in Table 1 and
depicted in Figure 1 below:
US Highway 1 Overlay Permissible . . • - Buffer Encroachments
Porch No
Stoop Yes
Bracketed Balcony Yes
Forecourt Yes
Arcade No
Shopfront Yes
Table 1: US Highway One Overlay
23
Page 374 of 660
Agenda Item #15.
Property Line
i
—15'-/1
Building Footprint Zo' R-O-W
4' 16'
a
3
Allowable Encroachment
Walkway ; },
i Y Q1 N
is, 20' MAX 3
Landscape Front Setback 16' N cn
Buffer
Sidewalk cc
E
Swale
R-O-W
Primary Street
Fig. 1: US Highway One Overlay
b. Front facades on any third story and above must have front setback of
eight (8) to twelve (12) feet in addition to the first floor setback, as
depicted in Figure 2 below:
24
Page 375 of 660
Agenda Item #15.
32' Overall Setback
28' Overall Setback - Level
1 2' 3
8'
Leve 1 2
20' MAX
Setback
1 6'
4, Leve I 1
•
JSidewalk 1 S'
Street �' Landscape
+ Swale suffer
Property Line Building Line
Fig 2: US Highway One Overlay
c. Building facades along a street frontage shall provide the appropriate
facade transparent elements such as glass windows or other approved
openings to eliminate the creation of blank and stark walls along street
frontages.
d. Buildings fronting on two (2) streets must have a pedestrian entrance on
both streets.
(2) Location of off-street parking.
a. Parking is not permitted in the front setbacks or in the side setbacks facing
streets, parks, or civic open spaces. Figures 3. 4. and 5 below are
guidelines for illustrative purposes and depict minimum reauirements.
25
Page 376 of 660
Agenda Item #15.
Primary Street
Swale
R-O-W
Sidewalk Property
--------------------------------------------- -- - - - F Line
1 5'Af
— — — — — — — — — — — — — —'--
I I '
Y' i Building Footprint i
(D v
i76W, I — — — — — — — — — — — - ;
N N I
I Rear Parking
I i
�`1 6' I I
R-O-W
20'
F
..............................
R-O-W ; 15' Landscape Buffer
Fla. 3: US Highway One Overlay
Primary Street
Swale
Property Sidewalk
-
Line-�O- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
. . .
r
l
4-+
20' Building Footprint ;
I '
1-M M 1 TT 1 1 1 1
Rear Parking
Rear Parking '
15' Landscape Buffer
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --
Fig. 4: US Highway One Overlay
26
Page 377 of 660
Agenda Item #15.
Primary Street
Swale
Property" Sidewalk
Line-ow[ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
f- — . — . — . — . — — . — — . — — . — —
Building Footprint !
- - - - — - - - - Q
Rear Parking
(Li
,
Rear Parking
a
a
— — — — — — _ — — — — — — — — — — - — — — — — — — — — — —
'�` A,l l eyway
Fig. 5: US Highway One Overlay
b. Surface parking lots shall be screened from public view, when possible, by
either buildings or landscaping.
c. Shared parking in compliance with the requirement of Section 78-707 of
the Village Code of Ordinances is encouraged.
f) Formula businesses, restaurants, retail, and drive through facilities.
(1) New drive through facilities are permitted on the side and rear of the building
and shall be screened from public view by landscaping.
2) Full-service fuel stations or gasoline service stations shall only be located
within the US Highway 1 Overlay. Full-service fuel stations or gasoline service
stations shall be located a minimum of 500 lineal feet from existing or
previously approved stations: however, full-service fuel stations are not
permitted in those portions of the US Highway One Overlay Zone with an
underlying zoning designation of Mixed Use.
3) New drive through facilities shall not be located on a building facade that faces
a public right-of-way, except for full-service fuel stations, which must be
27
Page 378 of 660
Agenda Item #15.
screened from public view.
4) Formula restaurants. Formula restaurants are permitted in the US Highway-1
Overlay as a special exception use subject to the following-conditions:
a. The proposed formula restaurant shall comply with the special exception
requirements of Village Code Sections 78-363 and 78-364. New formula
restaurants within existing developments shall qualify for expedited special
exception review by Village Council, provided there is no expansion to the
existing development. Special exception applications that are submitted at
least 30 days in advance of a Village Council meeting, and are deemed
sufficient, shall be brought forward to that Village Council meeting-for
review.
b. The proposed formula restaurant will not alter the identity of the zoning
district in a way which detracts from its uniqueness.
c. The proposed formula restaurant will contribute to a diverse and
appropriate blend of businesses in the district.
d. The proposed formula restaurant will complement the existing businesses
in the district and help promote and foster the local economic base.
e. The proposed formula restaurant will be compatible with existina
surrounding uses.
f. The proposed formula restaurant has been designed and will be operated
in a nonobtrusive manner to preserve the community's character and
ambiance and the proposed intensity of uses on the site is appropriate
given the uses permitted on the site and on adbinina sites.
g. Architectural Style, design, exterior facade colors shall be compatible with
the surrounding neighborhood.
h. The proposed formula restaurant corporate structural elements and
signage will be designed to be in harmony with architectural features and
elements of the building and neighborhood as approved by the Villaae
Council.
J. Drive through facilities must comply with paragraphs (f)(1) and (fl(31 of this
subsection.
28
Page 379 of 660
Agenda Item #15.
(5) Formula business and formula retail are permitted in the US Highway 1 Overlay
in the same manner that non-formula business and non-formula retail are
permitted.
a) Civic oxen space.
1) Amount required. New development or re-development which adds gross floor
area of 20 percent or more to the existing development is required to provide
civic open space equal to five (5) percent of the total site's square footage.
Civic open space shall be counted towards the required minimum landscaped
open space.
2) Types of civic open spaces. Civic open space shall be designed as one of the
following types, and shall be identified on the site plan,
a. Green. A green is at least 1.000 square feet in size and adjoins streets on
at least two sides or a street and a pedestrian passageway or main
building entry. Greens are designed primarily for passive uses, consisting
primarily of lawn with either formally or informally arranged landscaping.
b. Plaza. A plaza is at least 1.000 square feet in size and adjoins streets on
at least two sides or a street and a pedestrian passageway or main
building entry. Plazas are mostly hardscaped with formally arranged
landscaping and a water feature.
c. Playground. A playground is at least 2.500 square feet in size.
Playgrounds provide children's play equipment and shaded seating.
Playgrounds adjoin a street on at least one side and the configuration
should ensure easy surveillance of the area from adjacent buildings and
streets.
d. Square. A square is at least 10.000 square feet and adjoins streets on at
least three sides. Squares may be up to 50 percent hardscaped. with
formal landscaping. Squares accommodate both passive uses and
community gatherings.
e. Attached Green. An attached green is generally 2.000 to 6.000 square
feet and spans the entire length of a block. Attached greens shall be at
least 30 feet wide and are appropriate on the short end of a block.
29
Page 380 of 660
Agenda Item #15.
Attached greens are primarily lawns with formally arranged landscaping.
f. Forecourt. A forecourt is an open area in front of the main building
entrance(s) designed as a small garden or plaza. Low walls or balustrades
no higher than three feet six inches in height may enclose the forecourt.
Forecourt walls are constructed of similar material as the principal building
or are composed of a continuous, maintained hedge. A forecourt may
afford access to one or more first floor residential dwelling units or
incorporate storefronts for commercial uses. The forecourt is suitable for
outdoor seating for residents or restaurants. Forecourts are typically
associated with multifamily, mixed-use, and commercial buildings.
g. Pedestrian passageway. A pedestrian passageway is open to the sky
connecting the front of the property to the rear, at least ten feet in width,
and containing a minimum of 50% pervious, landscaped area, with
decorative elements of interest, such as benches, trellises, sculptures, and
water features which complement the design style of the building. Outdoor
use areas may be provided adjacent to but not within the minimum
required pedestrian passageway area.
h. For civic open space requirements less than 250 square feet, the space
may incorporate elements such as: fountain, living wall, mural, or
sculpture facing a street or a pedestrian passageway.
(3) Maintenance and operation of civic open space. Civic open space areas may
be dedicated to the Village for maintenance and operations purposes.
Otherwise, maintenance and operations shall be the responsibility of the
owner. If a civic open space is dedicated to the Village. the Village shall
assume all liability and responsibility for the property. The assumption of
liability and responsibility shall be included in the dedication and shall be
recorded in the public records of Palm Beach County. .
41 Payment in lieu. In lieu of dedication of land for civic open space. the Village
Council at its discretion may accept a fee in lieu of land for properties
consisting of 2 acres of less. Such fee shall be equal to the appraised value of
the amount of land that would otherwise be dedicated for civic open space
30
Page 381 of 660
Agenda Item #15.
purposes. Appraised value shall be based upon the market value of the land in
As present state, prior to the proposed subdivision and/or development, as
determined by the county tax assessor's appraised value.
a. A fee in lieu of land dedication may be accepted by the Village Council
when the location, size, natural condition, or other similar condition exists
where the dedication of land would not be in the best interest of the
Village. An example of such a condition is when there is existing land
available for recreational use within the immediate area of the proposed
subdivision and/or land development or re-development.
b. In determining whether to accept a fee in lieu of land the Village Council
shall consider the age groups of residents to be served. the availability
and service capabilities of existing recreational facilities in the Village. and
the general physical characteristics of the proposed civic open space.
c. Fees in lieu shall be used for the acquisition, enhancement, expansion
and/or development of the Village's existing parks. recreation, land
systems, or streetscapes.
d. Fees paid in lieu may be used in conjunction with waivers. If an applicant
is granted a partial waiver regarding the provision of civic open space, the
applicant is required to pay the fee lieu for the remaining un-waived
portion.
h) Landscape buffers and waivers.
1) Landscape buffers on the front and side may be reduced by no greater than
25% of each area to accommodate civic open space, as depicted in Figure 6
below.
31
Page 382 of 660
Agenda Item #15.
Y
Building Footprint 4'Allowable R-O-W
Encroachment ��
Walkway a--�
c Y
Q
ai
1 5' 20' MAX Civic Open Space 3: 0)
Landscape Front Setback72 cn N
I • _
Buffer 'k- ------�=--
Sidewalk p
E
S a
R-O-W wale
Primary Street
Fig. 6: US Highway One Overlay
2) Waivers. Waivers from site or landscape requirements may be requested from
certain overlay zone regulations. All waivers must be granted by the Village
Council in conjunction with a site plan review application. Waivers cannot be
used to:
a. Add uses that are not permitted in the overlay or zoning district.
b. Increase the maximum allowed density/intensity.
c. Increase the maximum allowed building height.
Sec. 78-203. Village Center Overlay.
Ca Purpose and intent. The Village Center Overlay is established to encourage
architectural character and-a diversity of uses such as residential, commercial, and
civic spaces while providing a pedestrian connectivity between Teguesta Drive,
Bridge Road, Old Dixie Highway, and Village Boulevard. The Village Center
Overlay is an appropriate location for traditional mixed-use development that
provides opportunities for residents to live, work, shop, and recreate in a walkable
area as contemplated by Objective 1.11.0 and Policy 1.11.2 of the Village of
Teguesta Comprehensive Plan. The inclusion of enhanced greenspace for
development located south of Teguesta Drive is encouraged and incentivized as
contemplated by Policy 1.16.5. of the Village of Teguesta Comprehensive Plan.
32
Page 383 of 660
Agenda Item #15.
Ub Conflicts with other regulations. In event that the overlay district regulations conflict
with general zoning or special district regulations, the overlay regulations supersede
the general zoning or special district regulations.
Lc Design. Aesthetic considerations within the Village Center Overlay as set forth in
the November 10, 2022 Commercial Corridor Master Plan should be incorporated
into all new development and re-development in this Overlay Zone. Specific
architectural styles are neither mandated nor banned: however, new development
and re-development should strive to reflect the architectural styles listed in
Appendix D (Architectural Design Guidelines) of the Commercial Corridor Master
Plan.
dM Streets. Streets within the Village Center Overlay shall be designated as primary
and secondary streets. Teguesta Drive, Bridge Road, Old Dixie Highway, Main
Street. and Village Boulevard are the only designated primary streets. All other
streets are designated as secondary streets.
Le Location of building and off-street parking.
1) Building Location.
a. Front Setbacks; encroachments. The maximum front setback is 20 feet
and the minimum landscape buffer is 15 feet: however, the following
frontage types as detailed in Appendix C of the Village of Teguesta
Commercial Corridor Master Plan may encroach a maximum of four (4)
feet into the minimum 15 foot landscape buffer as set forth in Table 1 and
depicted in Figure 1 below:
VillageOverlay Permissible • • • Encroachments
Permitted Teguesta Old Dixie Main St. Bridge Rd. Village Blvd
Frontage Types Dr. Hwy
Porch No No No No Yes
Stoop Yes Yes No Yes Yes
Bracketed Yes Yes No Yes Yes
Balcony
Forecourt Yes Yes Yes Yes Yes
33
Page 384 of 660
Agenda Item #15.
Arcade Yes No Yes Yes No
Shopfront Yes Yes Yes Yes No
Table 1: Village Center Overlay
Property Line
15' y
Building Footprint 20 R-O-W
rW;,, 16'
3
Allowable EncroachmentIM Y
o
Walkway
............... Y 41 QJ
15' 20' MAX 3
Landscape Front Setback 16' : -2 N
Buffer I >.
�k---- ----'I�------- ---------------------------------- v, cry
Sidewalk co
E
Swale
R-O-W
Primary Street
Fig. 1: Village Center Overlay
b. Front facades on any third story and above must have front setback of
eight (8) to twelve (12) feet in addition to the first floor setback as
depicted in Figure 2 below:
34
Page 385 of 660
Agenda Item #15.
32' Overall Setback
28' Overall Setback Level
2' 3
s
Leve 1 2
20' MAX
Setback
16'
4' Lure I 1
6;44",*k
Sidewalk 15' =
Street A'--Landscape
+ Swale Buffer
Property Line Building Line
R-0-1111 WIPrivate c�
Prperty
Fig 2: Village Center Overlay
c. Building facades along a street frontage shall provide the appropriate
facade transparent elements such as glass windows or other approved
openings to eliminate the creation of blank and stark walls along street
frontages.
d. Buildings fronting on two (2) streets must have a pedestrian entrance on
both streets.
(2) Location of off-street parking.
a. Parking is not permitted in the front setbacks or in the side setbacks facing
streets. parks, or civic open spaces. Figures 3. 4. and 5 below are
guidelines for illustrative purposes and depict minimum requirements.
35
Page 386 of 660
Agenda Item #15.
Primary Street
Swale
Sidewalk Property
------------------------------- ------ - ----- Line
—.— _ —.—._.—.— —.—.—._.— —.— _ —.-
1 5'Ae
Building Footprint i
Cu
J
E
a i
i
I Rear Parking
R-O-W 16' I — J I I I I I I I ! I 20.
F
R-O-W 15' Landscape Buffer
---------------------------------------------------
Fig. 3: Village Center Overlay
Primary Street
Property O� Swale
Lined _ _ _Sidewalk _ _ _ _ _ _ - -
vZ° 'r Building Footprint
N 16' l j
I '
IIIII IIIIIIII
cn Rear Parking
F
Rear Parking '
15' Landscape Buffer
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Fig. 4: Village Center Overlay
36
Page 387 of 660
Agenda Item #15.
Primary Street
Swale Alp
Property' Sidewalk
Line - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
f
r
`z°" Building Footprint �
C>
V ' J
Rear Parking
vs �+
i
Rear Parking
s
� _ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
' ` Alleyway
Fig. 5: Village Center Overlay
b. Surface parking lots shall be screened from public view, when possible, by
either buildings or landscaping.
c. Shared parking in compliance with the requirement of Section 78-707 of
the Village Code of Ordinances is encouraged.
f) Formula businesses, restaurants, retail. and drive through facilities.
1) Drive through facilities are prohibited in the Village Center Overlay: however,
existing drive through facilities may be used for the same use the building was
constructed for.
2) Formula restaurants and Formula retail. Formula restaurants and Formula
retail are permitted in the Village Center Overlay as a special exception use.
subject to the following conditions:
a) The proposed formula restaurant or formula retail use shall comply with the
special exception requirements of Village Code Sections 78-363 and 78-
364. New formula restaurants and formula retail within existing
developments shall qualify for expedited special exception review by
37
Page 388 of 660
Agenda Item #15.
Village Council, provided there is no expansion to the existing
development. Special exception applications that are submitted at least 30
days in advance of a Village Council meeting, and are deemed sufficient.
shall be brought forward to that Village Council meeting for approval.
b) The proposed formula restaurant or formula retail use will not alter the
identity of the zoning district in a way which detracts from its local
uniqueness.
c) The proposed formula restaurant or formula retail use will contribute to a
diverse and appropriate blend of businesses in the district.
d) The proposed formula restaurant or formula retail use will complement the
existing businesses in the district and help promote and foster the local
economic base.
e) The proposed formula restaurant or formula retail use will be compatible
with existing surrounding uses.
f) The proposed formula restaurant or formula retail use has been designed
and will be operated in a nonobtrusive manner to preserve the local
community's character and ambiance and the proposed intensity of uses
on the site is appropriate given the uses permitted on the site and on
adjoining sites.
a) Architectural style, design, exterior facade colors shall be compatible with
the surrounding neighborhood.
h) The proposed formula restaurant or formula retail use's corporate
structural elements and sianaae will be designed to be in harmony with
architectural features and elements of the building and neighborhood as
approved by the Village Council.
i) Drive through facilities are prohibited, except that existing drive through
facilities may be used for the same use the building was constructed for.
3) Formula business is permitted in the Village Center Overlay in the same
manner that non-formula business is permitted.
a) Civic open space.
1) Amount required. New development or re-development which adds gross floor
38
Page 389 of 660
Agenda Item #15.
area of 20 percent or more to the existing development is required to provide
civic open space equal to five (5) percent of the total site's square footage.
Civic open space shall be counted towards the required minimum landscaped
open space.
2) Types of civic open spaces. Civic open space shall be designed as one of the
following types, and shall be identified on the site plan:
a. Green. A green is at least 1.000 square feet in size and adjoins streets on
at least two sides or a street and a pedestrian passageway or main
building entry. Greens are designed primarily for passive uses, consisting
primarily of lawn with either formally or informally arranged landscaping.
b. Plaza. A plaza is at least 1.000 square feet in size and adjoins streets on
at least two sides or a street and a pedestrian passageway or main
building entry. Plazas are mostly hardscaped with formally arranged
landscaping and a water feature.
c. Playground. A playground is at least 2.500 square feet in size.
Playgrounds provide children's play equipment and shaded seating.
Playgrounds adjoin a street on at least one side and the configuration
should ensure easy surveillance of the area from adjacent buildings and
streets.
d. Square. A square is at least 10.000 square feet and adjoins streets on at
least three sides. Squares may be up to 50 percent hardscaped, with
formal landscaping. Squares accommodate both passive uses and
community gatherings.
e. Attached Green. An attached green is generally 2.000 to 6.000 square
feet and spans the entire length of a block. Attached greens shall be at
least 30 feet wide and are appropriate on the short end of a block.
Attached greens are primarily lawns with formally arranged landscaping.
f. Forecourt. A forecourt is an open area in front of the main building
entrance(s) designed as a small garden or plaza. Low walls or balustrades
no higher than three feet six inches in hejaht may enclose the forecourt.
Forecourt walls are constructed of similar material as the principal building
39
Page 390 of 660
Agenda Item #15.
or are composed of a continuous, maintained hedge. A forecourt may
afford access to one or more first floor residential dwelling units or
incorporate storefronts for commercial uses. The forecourt is suitable for
outdoor seating for residents or restaurants. Forecourts are typically
associated with multifamily, mixed-use, and commercial buildings.
g. Pedestrian passageway, A pedestrian passageway is open to the sky
connecting the front of the property to the rear, at least ten feet in width.
and containing a minimum of 50% pervious, landscaped area. with
decorative elements of interest, such as benches, trellises, sculptures, and
water features which complement the design style of the building. Outdoor
use areas may be provided adjacent to but not within the minimum
required pedestrian passageway area.
h. For civic open space requirements less than 250 square feet, the space
may incorporate elements such as: fountain, living wall, mural, or
sculpture facing a street or a pedestrian passaaeway.
(3) Maintenance and operation of civic open space. Civic open space areas may
be dedicated to the Village for maintenance and operations purposes.
Otherwise, maintenance and operations shall be the responsibility of the
owner.
If a civic open space is dedicated to the Village. the Village shall assume all
liability and responsibility for the property. The assumption of liability and
responsibility shall be included in the dedication and shall be recorded in the
public records of Palm Beach County,
4) Payment in lieu. In lieu of dedication of land for civic open space. the Village
Council at its discretion may accept a fee in lieu of land for properties
consisting of 2 acres of less. Such fee shall be equal to the appraised value of
the amount of land that would otherwise be dedicated for civic open space
purposes. Appraised value shall be based upon the market value of the land in
its present state, prior to the proposed subdivision and/or development. as
determined by the county tax assessor's appraised value.
a. A fee in lieu of land dedication may be accepted by the Village Council
40
Page 391 of 660
Agenda Item #15.
when the location, size, natural condition, or other similar condition exists
where the dedication of land would not be in the best interest of the
Village. An example of such a condition is when there is existing land
available for recreational use within the immediate area of the proposed
subdivision and/or land development or re-development.
b. In determining whether to accept a fee in lieu of land the Village Council
shall consider the age groups of residents to be served, the availability
and service capabilities of existing recreational facilities in the Village. and
the general physical characteristics of the proposed civic open space.
c. Fees in lieu shall be used for the acquisition, enhancement, expansion
and/or development of the Village's existing parks. recreation, land
systems, or streetscapes.
d. Fees paid in lieu may be used in conjunction with waivers. If an applicant
is granted a partial waiver regarding the provision of civic open space, the
applicant is required to pay the fee lieu for the remaining un-waived
portion.
h) Landscape buffers and waivers.
1) Landscape buffers on the front and side may be reduced by no greater than
25% of each area to accommodate civic open space, as depicted in Figure 6
below.
T
15'
3 �
Building Footprint a'Allowable
Encroachment 16' l
Walkway
"k ........................................................................: �O Y G)
15' 20' MAX Civic Open Space Cu
Landscape Front Setback .� I �����Qar—J �_ cn
Buffer '%. I '^ N
"k - - - - - - "C- ------- --�-- - - - ---- --- ---------- - - - i
Sidewalk
E
S
R-O-W wale
Primary Street
Fig. 6: Village Center Overlay
41
Page 392 of 660
Agenda Item #15.
2) Waivers. Waivers from site or landscape requirements may be requested from
certain overlay zone regulations. All waivers must be granted by the Village
Council in conjunction with a site plan review application. Waivers cannot be
used to:
a. Add uses that are not permitted in the overlay or zoning district.
b. Increase the maximum allowed density/intensity. Except that a
development over 2 acres that is located south of Teguesta Drive and
creates 15% civic open space: may be eligible to apply for a waiver to
allow up to 50% of one-bedroom units to count as .5 dwellina units for
density purposes.
c. Increase the maximum allowed building height. Except that a development
over 2 acres that is located south of Tequesta Drive and creates 1516 civic
open space: may be eligible to apply for a waiver to allow a partial fifth
story.
which cannot exceed 50% of the building footprint.
Sec. 78-204. Waivers.
(a) In the Tequesta Drive, US Highway One. or Village Center Overlay Districts.
waivers may be requested from certain regulations in this Code. An applicant
requesting a waiver shall demonstrate that the waiver provides a public benefit.
including, by way of example, high-quality architectural design, pedestrian
amenities, no-cost dedication of rights-of-way, construction of public parking. public
art, or other improvements adjacent to the property, preservation of environmentally
sensitive lands, provision of public parks and/or open spaces, or mixed uses which
reduce impacts on village services.
b) An application for a waiver may be made by any property owner or tenant or by a
governmental office, department, board, or bureau. Such applications shall be filed
with the Department of Community Development in conjunction with a site plan
review application. As part of the review process, the applicant shall identify the
waiver request, explain the nature of the request, the extent to which it deviates
from the overlay regulations, and the basis for which it is sought.
42
Page 393 of 660
Agenda Item #15.
c) As part of the site plan approval process. the Village Council will hold a public
hearing to review the waiver request. When evaluating waiver requests, the Village
Council shall consider the following factors and any-additional criteria set forth in
the relevant zoning
district-
1) The extent to which the alternate standard proposed by the applicant differs
from the code's standard that would be waived:
2) Whether the granting of the waiver will lead to innovative design in which other
minimum standards are exceeded:
3) Whether the request clearly demonstrates the public benefits to be
derived-
4) Whether the request furthers the goals of the Village Commercial Corridor
Master Plan, and exemplifies the architectural, building, and site desian
techniques
desired-
5) Whether the requested waiver is otherwise prohibited by Village Code:
6) Any unusual circumstances regarding the property or immediate area.
including the location of power lines, specimen trees, or shade
trees-
7) The effect of approving or denying the waiver on the development project and
on the surrounding area:
8) Consistency with the Village of Teguesta Comprehensive Plan:
9) Testimony from the applicant: and
10) Testimony from the public.
d) At the conclusion of the public hearing. the Village Council shall make a decision on
each requested waiver. Approval is contingent on the Village Council makina these
findings and any additional fjndinas relevant to the applicable zoning district:
1) The alternate standard proposed by the applicant is acceptable for the specific
site and building:
(2) The proposed waiver does not detract from the design principles supporting
these zoning districts and the broader intent of this Code:
(3) The proposed waiver will not be injurious to surrounding properties or nearby
neighborhoods: and
4) The proposed waiver is not inconsistent with the Village of Teguesta
Comprehensive Plan.
43
Page 394 of 660
Agenda Item #15.
e) Public notice of all waiver hearings shall be provided as required by Section 78-
370 of the Village Code.
Sec. 78-205 - 78-220. - Reserved.
Section 5: Each and every other section and subsection of Chapter 78.
Zoning. shall remain in full force and effect as previously adopted.
Section 6: All ordinances or parts of ordinances in conflict be and the same
are hereby repealed.
Section 7: 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 8: Specific authority is hereby granted to codify this Ordinance.
Section 9: This Ordinance shall take effect immediately upon adoption.
44
Page 395 of 660
Agenda Item #15.
ORDINANCE NO. 01-24
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 78. ZONING. TO ADOPT NEW OVERLAY
ZONING THAT IMPLEMENTS CERTAIN RECOMMENDATIONS
CONTAINED IN THE OCTOBER 2022 VILLAGE OF TEQUESTA
COMMERCIAL CORRIDOR MASTER PLAN AS PREPARED BY THE
TREASURE COAST REGIONAL PLANNING COUNCIL AND ADOPTED
BY THE VILLAGE COUNCIL ON NOVEMBER 10, 2022; SPECIFICALLY
AMENDING THE FOLLOWING SECTIONS: 78-4 DEFINITIONS. BY
ADOPTING NEW DEFINITIONS FOR "FORMULA BUSINESS,"
"FORMULA RESTAURANT," "FORMULA RETAIL," "OVERLAY
DISTRICT," "FACADE TRANSPARENCY," AND "CIVIC OPEN
SPACE;" 78-96 DISCONTINUANCE OF NONCONFORMING USES. BY
ADDING LANGUAGE TO EXPLAIN THE CONTINUATION OF NON-
CONFORMING USES IN AN OVERLAY ZONE; 78-176 C-1
NEIGHBORHOOD COMMERCIAL DISTRICT. BY ADDING PERMITTED
AND SPECIAL EXCEPTION USE REGULATIONS APPLICABLE TO
OVERLAY ZONING; SEC. 78-177 C-2 COMMUNITY COMMERCIAL
DISTRICT. BY ADDING PERMITTED AND SPECIAL EXCEPTION USE
REGULATIONS APPLICABLE TO OVERLAY ZONING; SEC. 78-178 C3
GENERAL COMMERCIAL DISTRICT. BY ADDING PERMITTED AND
SPECIAL EXCEPTION USE REGULATIONS APPLICABLE TO
OVERLAY ZONING; SEC. 78-180 MU MIXED USE DISTRICT. BY
ADDING PERMITTED AND SPECIAL EXCEPTION USE
REGULATIONS APPLICABLE TO OVERLAY ZONING, AND
RESOLVING ANY CONFLICT BETWEEN MU ZONING AND OVERLAY
ZONING IN FAVOR OF OVERLAY ZONING; FURTHER CREATING AN
ENTIRELY NEW ARTICLE VI DIVISION 3 ENTITLED "OVERLAY
DISTRICTS." WITH NEW CODE SECTIONS 78-201 THROUGH 78-204;
ADOPTING SEC. 78-201 "TEQUESTA DRIVE OVERLAY," CREATING
AND DEFINING THIS OVERLAY DISTRICT, PROVIDING PURPOSE
AND INTENT, PROVIDING DESIGN, SETBACK, FACADE, PARKING,
FORMULA BUSINESS AND RESTAURANT, OPEN SPACE, AND
LANDSCAPING GUIDELINES; PROVIDING FOR PAYMENT IN LIEU
OF CERTAIN OPEN SPACE REQUIREMENTS; PROVIDING FOR
WAIVERS; RESOLVING ANY CONFLICT BETWEEN GENERAL
REGULATIONS AND OVERLAY ZONING REGULATIONS IN FAVOR
OF OVERLAY ZONING REGULATIONS; ALSO ADOPTING SEC. 78-
202 "US HIGHWAY 1 OVERLAY," CREATING AND DEFINING THIS
OVERLAY DISTRICT, PROVIDING PURPOSE AND INTENT,
PROVIDING DESIGN, SETBACK, FACADE, PARKING, FORMULA
BUSINESS AND RESTAURANT, OPEN SPACE, AND LANDSCAPING
GUIDELINES; PROVIDING FOR PAYMENT IN LIEU OF CERTAIN
OPEN SPACE REQUIREMENTS; PROVIDING FOR WAIVERS;
RESOLVING ANY CONFLICT BETWEEN GENERAL REGULATIONS
1
Page 396 of 660
Agenda Item #15.
AND OVERLAY ZONING REGULATIONS IN FAVOR OF OVERLAY
ZONING REGULATIONS; ALSO ADOPTING SEC. 78-203 "VILLAGE
CENTER OVERLAY," CREATING AND DEFINING THIS OVERLAY
DISTRICT, PROVIDING PURPOSE AND INTENT, PROVIDING DESIGN,
SETBACK, FACADE, PARKING, FORMULA BUSINESS AND
RESTAURANT, OPEN SPACE, AND LANDSCAPING GUIDELINES;
PROVIDING FOR PAYMENT IN LIEU OF CERTAIN OPEN SPACE
REQUIREMENTS; PROVIDING FOR WAIVERS; RESOLVING ANY
CONFLICT BETWEEN GENERAL REGULATIONS AND OVERLAY
ZONING REGULATIONS IN FAVOR OF OVERLAY ZONING
REGULATIONS; AND ADOPTING SEC. 78-204 "WAIVERS" TO
PROVIDE A PROCESS FOR OBTAINING WAIVERS FROM THE
VILLAGE COUNCIL FROM CERTAIN OVERLAY DISTRICT
REQUIREMENTS, PROVIDING FOR AN APPLICATION, AND
PROVIDING CRITERIA FOR THE GRANTING OF A WAIVER;
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, not unlike many other local governments in Palm Beach County, the
Village of Tequesta has, over recent years, felt increasing development pressure for
residential, including mixed-use, development; and
WHEREAS, while the Village of Tequesta currently has a Mixed-Use Zoning
District by name, it does not function as a traditional mixed use zone, having developed
with adjacent but separate and more traditional areas of residential and commercial
uses as opposed to blending these uses into one area; and
WHEREAS, commercially zoned areas have also been, and continue to be,
pursued for residential redevelopment through the "Live Local Act" recently adopted by
the State Legislature, and other re-development; and
WHEREAS, these recent development trends gave cause to the Village Council
to be concerned that the Village's current zoning map designations and land
development code text regulations are in need of re-evaluation and update to provide
clearer direction on the community's expectations for future growth; and
WHEREAS, as a result, in November 2021 the Village Council of the Village of
Tequesta contracted with the Treasure Coast Regional Planning Council (TCRPC) to
review existing Village land development regulations, engage the public including land
owners and other interested stakeholders in a public design charrette process, and
develop a master plan which creates a vision for the development and re-development
of the commercial corridors and mixed-use areas within the Village; and
WHEREAS, On Saturday April 9, 2022, the TCRPC team kicked off a five-day
public design charrette held at the Tequesta Village Council chambers, which
culminated two months of pre-charrette stakeholder interviews, as well as meetings with
the Charrette Host Committee to organize the logistics of the effort; and
2
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Agenda Item #15.
WHEREAS, On Wednesday, April 13, 2022 a work-in-progress public
presentation was given to illustrate work to date and solicit even more public input from
property owners, stakeholders and other interested persons; and
WHEREAS, during publicly noticed meetings on August 22, 2022 and October 3,
2022, the Village Council publicly reviewed and commented on draft versions of the
Commercial Corridor Master Plan; and
WHEREAS, on November 10, 2022, the Village Council of the Village of
Tequesta formally adopted the final version of the Commercial Corridor Master Plan;
and
WHEREAS, the final adopted Commercial Corridor Master Plan contains data
and recommendations for implementation, with emphasis on amendments to land
development regulations that include restrictions on formula based uses, provision for
civic spaces, and revised fagade, setback, and parking concepts, and the creation of
overlay districts to accomplish the implementation of the vision contained therein, which
started with input from Tequesta residents, commercial corridor and mixed use land
owners, and other stakeholders and interested persons; and
WHEREAS, Village of Tequesta Planning staff and planning consultant, Chen
Moore & Associates, has, since the adoption of the Commercial Corridor Master Plan by
the Village Council, undertaken the task of creating land development regulation
amendments establishing three separate overlay zones which implement many of the
Commercial Corridor Master Plan recommendations; and
WHEREAS during publicly noticed meetings on May 30, 2023, July 31, 2023,
October 30, 2023, December 4, 2023, and January 29, 2024 the Village's Planning
Consultants, Chen Moore & Associates presented a draft land development overlay
code and explained how said overlay code amendments would implement the
Commercial Corridor Master Plan into Village code; and
WHEREAS, the Village Council now desires to amend its land development
regulations by adopting the overlay code amendments prepared by Village staff and the
Village's planning Consultant Chen Moore & Associates; and
WHEREAS, the Village of Tequesta Planning & Zoning Board, sitting as the
Local Planning Agency, conducted a public hearing on March 21, 2024 to review the
land development regulation amendments establishing three separate overlay zones
which implement many of the Commercial Corridor Master Plan recommendations and
make a recommendation to the Village on the adoption of such land development
regulation amendments; and
WHEREAS, following the Local Planning Agency public hearing, the Village
Council conducted additional public workshops in April and May 2024, and received
additional public comment primarily from the business community and as a result,
directed further revision to the overlay codes; and
WHEREAS, having considered the recommendation of the Local Planning
agency, and having conducted all required advertised public hearings, and having
considered the public comments from the Village's business community and others, the
Village Council of the Village of Tequesta has determined that adoption of this
ordinance, containing the land development regulation amendments establishing three
separate overlay zones which implement many of the Commercial Corridor Master Plan
recommendations, is in the best interest of the Village of Tequesta, and will promote the
3
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Agenda Item #15.
public health, safety and welfare for the residents of the Village of Tequesta.
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. Sec. 78-4. Definitions, by adopting
new definitions for "formula business," "formula restaurant," "formula retail," "overlay
district," "facade transparency," and "civic open space; placing said definitions
alphabetically into the list of definitions; providing that section 78-4 shall hereafter read
as follows:
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.
Business, formula means an establishment that offers health care, medical, dental,
personal service, or real estate services with a standardized array of services and/or
merchandise, employee uniforms, decor, facade design, signage, color scheme.
trademark or service mark, name, or similar standardized features; and is one of a
chain or group of ten or more in the nation.
Dwelling unit means one or more rooms in a residential building or residential portion
of a building, which are arranged, designed, used or intended for family purposes and
which include lawful cooking space and lawful sanitary facilities reserved for the use of
the single-family occupants thereof. Developments in the Village Center Overlay may
4
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Agenda Item #15.
be granted a waiver to count one-bedroom multi-family units as half a dwelling unit for
density purposes.
Open space, civic means an outdoor area that is maintained as an urban amenity
and is accessible to the general public. Civic open spaces typically take the form of a
reen, a plaza, a playground, a square or others.
Overlay district means an area of land for which there are uniform regulations
governing the use of buildings and premises, density of development, yard
requirements, and height limitations. Overlay districts are layered on top of certain
portions of existing zoning districts, and apply additional or different standards to all
areas within the overlay.
Restaurant formula means any establishment that is one of a chain or group of ten or
more restaurants in the nation, and which satisfies at least two of the following three
descriptions:
1) It has the same or similar name, trade name, or trademark as others in the chain
or group:
2) It has standardized and limited menus, ingredients, food and beverage
preparation:
3) It offers any of the following characteristics in a style that is distinctive to and
standardized among the chain or group:
a. Exterior design or architecture:
b. Interior design: or
c. uniforms, except that a personal identification or simple logo will not render the
clothing a uniform.
Retail, formula means a type of retail sales activity or retail sales establishment with a
standardized array of services and/or merchandise, employee uniforms, decor. facade
design, signage, color scheme, trademark or service mark, name, or similar
standardized features: and is one of a chain or group of ten or more in the nation.
Formula retail stores do not include establishments providing professional services,
including, but not limited to, real estate offices, medical offices, dental offices, offices
of health practitioners, banks. mortgage and securities brokers. personal services,
accounting services, appraisers, insurance agents, and interior decorators.
5
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Agenda Item #15.
Transparency, facade means the amount of transparent window glass or other
openings in a building's facade along a street frontage, relative to the overall surface
area of the facade. This ratio is expressed as a percentage and is calculated
separately for the ground story of a facade and for each upper story.
Waiver means a request to deviate from a specific code requirement where alternative
solutions are provided that can be demonstrated to provide a public benefit or result in
a better design outcome. Waivers may be granted in the Tequesta Drive, US Hiahwav
One, Village Center Overlay Districts. and Planned Commercial Developments
PCD's .
[All other definitions shall remain in full force and effect as previously adopted]
Section 2: Chapter 78. Zoning. of the Code of Ordinances of the Village of
Tequesta is hereby amended at Article IV. Nonconforming uses; nonconforming
structures. Sec. 78-96. Discontinuance of nonconforming uses, by amending this
section to provide regulations for legal nonconforming uses in an overlay zone;
providing that section 78-96 shall hereafter read as follows:
Sec. 78-96. - Discontinuance of nonconforming uses.
When a nonconforming use has been vacated, abandoned or discontinued for a
period of 90 consecutive days, any future use in such structure or on such land shall
revert to the uses permitted in the district in which the structure and/or land is located,
and shall not thereafter be occupied by any nonconforming use. The 90-day period set
forth herein shall not apply to the discontinuation of a nonconforming use caused by
flood, fire, explosion or other casualty, or act of God, government, or the public
enemy. However, to the extent that structural restoration or repair is required in order
for the nonconforming use to resume, Section 78-98(c) shall apply.
If an existing use was legally permitted on its site prior to adoption of the
commercial overly code in 2024 but is not subsequently included as-a permitted use in
the commercial overlay code, that existina use will continue to be deemed a permitted
nonconforming use. Permitted nonconforming-uses that were legally permitted prior to
adoption of the commercial overlay code in 2024 that have been vacated, abandoned,
or discontinued, may be replaced by the same use within 180 days. When a permitted
nonconforming use has been replaced with a different use, or when it has been
6
Page 401 of 660
Agenda Item #15.
vacated, abandoned, or discontinued for more than 180 days, it is no longer
considered a permitted nonconforming use.
Section 3: Chapter 78. Zoning. of the Code of Ordinances of the Village of
Tequesta is hereby amended at Sections 78-176 C-1 neighborhood commercial district,
78-177 C-2 community commercial district, 78-178 C-3 general commercial district, and
78-180 MU mixed use district, to amend use regulations consistent with the Commercial
Corridor Master Plan, provide specific regulation for formula based businesses, retail,
and restaurants, provide new overlay zone regulations, and to provide code conflict
resolutions; providing that Sections 78-176, 78-177, 78-178, and 78-180 shall hereafter
read as follows:
Sec. 78-176. C-1 neighborhood commercial district.
(a) Purpose. It is the purpose and intent of the C-1 neighborhood commercial district to
provide lands within the village as depicted on the official zoning map for limited
retail sales and business service activities primarily designed to serve residential
neighborhoods of the village. The district is not intended for use by major or large
scale commercial or service concerns. Professional and business offices and
service establishments and uses that specifically address the needs of surrounding
residents are encouraged. Orientation to and compatibility with neighborhoods to
be served are critical.
(b) Permitted uses. Permitted uses in the C-1 district are as follows except as
regulated by the Tequesta Drive overlay, the U.S. Highway 1 overlay, and the
Villaae Center overlay:
(1) Retail sales and services, excluding retail package liquors
(2) Business services
(3) Health care facility or medical or dental office; professional office; professional
services
(4) Personal services
(5) Restaurants, excluding fast food restaurants, drive-in restaurants, and carryout
restaurants
(6) Restaurant, specialty
[subsections (7) through (9) shall remain in full force and effect as previously
adopted]
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Agenda Item #15.
(c) Accessory uses. Accessory uses allowed in the C-1 district are as follows:
Any accessory use customarily incidental to a permitted use.
(d) Special exception uses. Special exception uses in the C-1 district are as follows,
except as regulated by the Teguesta Drive overlay, the U.S. Highway 1 overlay.
and the Village Center overlay:
[subsections (1) through (6) shall remain in full force and effect as previously
adopted]
(e) Prohibited uses and structures. The following uses and structures are prohibited in
the C-1 district, except as regulated by the Teguesta Drive overlay, the U.S.
Highway 1 overlay, and the Village Center overlay:
Any use or structure not specifically or by reasonable implication permitted in this
section as a permitted use, accessory use or permissible by special exception.
Sec. 78-177. C-2 community commercial district.
(a) Purpose. It is the purpose and intent of the C-2 community commercial district to
provide lands within the village as depicted on the official zoning map for the
development of commercial activities with a location convenient to U.S. Highway 1
automotive traffic. This district will serve the community at large and provide a
mixture of convenience goods and services that offers a greater variety of uses
than permitted at neighborhood level.
(b) Permitted uses. Permitted uses in the C-2 district are as follows, except as
regulated by the Teguesta Drive overlay, the U.S. Highway 1 overlay, and the
Village Center overlay:
(1) Retail sales and services, excluding retail package liquors
(2) Business services
(3) Health care facility or medical or dental office; professional office; professional
services
(4) Personal services
(5) Restaurants, excluding fast food restaurants, drive-in restaurants, and carryout
restaurants
(6) Restaurant, specialty
8
Page 403 of 660
Agenda Item #15.
[subsections (7) through (11) shall remain in full force and effect as
previously adopted]
(c) Accessory uses. Accessory uses allowed in the C-2 district are as follows:
Any accessory use customarily incidental to a permitted use.
(d) Special exception uses. Special exception uses in the C-2 district are as follows;
except as regulated by the Teguesta Drive overlay, the U.S. Highway 1 overlay.
and the Village Center overlay:
[subsections (1) through (20) shall remain in full force and effect as
previously adopted]
(e) Prohibited uses and structures. The following uses and structures are prohibited in
the C-2 district except as regulated by the Teguesta Drive overlay. the U.S.
Highway 1 overlay, and the Village Center overlay:
Any use or structure not specifically or by reasonable implication permitted in this
section as a permitted use, accessory use or permissible by special exception.
(f) Property development regulations.
[This subsection shall remain in full force and effect as previously adopted]
Sec. 78-178. C-3 general commercial district.
(a) Purpose. It is the purpose and intent of the C-3 general commercial district to
provide lands within the village as depicted on the official zoning map and thereby
encourage the development of a general variety of commercial uses which provide
a wide range of goods and services.
(b) Permitted uses. Permitted uses in the C-3 district are as follows, except as
regulated by the Teguesta Drive overlay, the U.S. Highway 1 overlay, and the
Village Center overlay:
(1) Retail sales and services
(2) Business services
(3) Health care facility or medical or dental office; professional office; professional
services
(4) Personal services
(5) Retail package liquors, lounges and bars.
9
Page 404 of 660
Agenda Item #15.
(6) Restaurants, excluding fast food restaurants, drive-in restaurants and carryout
restaurants
(7) Restaurant, specialty
[subsections (8) through (21) shall remain in full force and effect as
previously adopted]
(c) Accessory uses. Accessory uses allowed in the C-3 district are as follows:
Any accessory use customarily incidental to a permitted use.
(d) Special exception uses. Special exception uses in the C-3 district are as follows}
except as regulated by the Teauesta Drive overlay, the U.S. Highway 1 overlay.
and the Village Center overlay:
[subsections (1) through (11) shall remain in full force and effect as
previously adopted]
(e) Prohibited uses and structures. The following uses and structures are prohibited in
the C-3 district except as regulated by the Teauesta Drive overlay, the U.S.
Highway 1 overlay, and the Village Center overlay:
Any use or structure not specifically or by reasonable implication permitted in this
section as a permitted use, accessory use or permissible by special exception.
Sec. 78-180. MU mixed-use district.
(a) Purpose. The purpose and intent of the MU mixed-use district is to establish a
village center which creates a vital, diverse core for the principles which utilize
mixed-use development concepts and which permit a combination of usually
separated uses within a unified development district area. Natural features should
be enhanced and environmental conditions carefully assessed. Commercial uses
are intended to be limited to specialty small scale retail sales and services,
business services and professional services primarily designed to serve
residential neighborhoods of the village. Orientation to and compatibility with
neighborhoods to be served are essential. Residential uses are intended to
encourage the accomplishment of a more complete residential living environment
through the application of imaginative approaches to development which establish
neighborhood identity and community focus. It is further the purpose and intent of
10
Page 405 of 660
Agenda Item #15.
this area to provide lands for a range of residential uses from lower density single-
family to higher density residential uses. Traffic circulation should not only
accommodate vehicular traffic, but provide for the efficient movement of
pedestrian and bicycle traffic.
(b) Applicability of development regulations to mixed-use development.
[This subsection shall remain in full force and effect as previously adopted]
(c) Conflicts with other regulations. Where conflicts exist between the mixed-use district
special regulations in this section and general zoning, subdivision and other
applicable ordinance provisions, the special regulations in this section shall apply.
Where conflicts exist between the mixed-use district special regulations in this
section and an overlay district regulations, the overlay regulations supersede the
mixed-use zoning district special regulations.
(d) General requirements and special regulations. The following general requirements
and special regulations shall apply to planned mixed-use development within the
mixed-use district:
[subsections (1) through (5) shall remain in full force and effect as
previously adopted]
6) Mix Of Uses. New development and redevelopment in the MU Zoning District
shall comply with the requirements of Table FLU-1 of the Future Land Use
Element of the Village of Teauesta Comprehensive Plan by intearatina a mix
of uses such that residential uses shall comprise no less than twenty (20)
percent and no more than eighty (80) percent of the development or
redevelopment. The Village Council may relax this requirement on a case by
case basis when the development or redevelopment project parcel(sl are too
small to comply or when other circumstances necessitate the need to provide
a solely commercial or residential development proiect.
[subsections (e) through (g) shall remain in full force and effect as previously
adopted]
(h) Permitted uses. Permitted uses in the mixed-use district are as follows exc
regulated by the Teauesta Drive overlay, the U.S. Highway 1 overlay, and the
Village Center overlay.
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Agenda Item #15.
(1) Single-family dwellings.
(2) Two-family dwellings.
(3) Multiple-family dwellings.
(4) Small-scale retail sales and service, excluding retail package liquors. A
maximum 5,000 square feet of gross leasable area is allowed for each tenant
area or individually owned unit
(5) Business services. A maximum 5,000 square feet of gross leasable area is
allowed for each tenant area or individually owned unit.
(6) Health care facility or medical or dental office; professional office; professional
services. A maximum 5,000 square feet of gross leasable area is allowed for
each tenant area or individually owned unit.
(7) Personal services. A maximum 5,000 square feet of gross leasable area is
allowed for each tenant area or individually owned unit.
(8) Bakeries. A maximum 5,000 square feet of gross leasable area is allowed for
each tenant area or individually owned unit.
(9) Recreation/open space.
(10) Restaurants (including carryout and specialty), A maximum 5,000 square feet
of gross leasable area is allowed for each tenant area or individually owned
unit.
(11) Places of assembly (1,500 square feet or less), 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 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; and
rectory or similar residence for facility officials or on-site caretakers, limited
to one dwelling unit.
(i) Special exception uses. Special exception uses in the mixed-use district are as
follows except as regulated by the Teguesta Drive overlay, the U.S. Highway 1
overlay, and the Village Center overlay:
12
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Agenda Item #15.
[subsections (1) through (17) shall remain in full force and effect as
previously adopted]
[subsections 0) through (m) shall remain in full force and effect as previously
adopted]
Sec. 78-181-78-200 78-220. - Reserved.
Section 4: Chapter 78. Zoning. of the Code of Ordinances of the Village of
Tequesta is hereby amended by creating an entirely new Article VI Division 3 to be
entitled "Overlay districts;" creating entirely new Sections 78-201 through 78-204;
adopting Sec. 78-201 "Tequesta Drive Overlay," creating and defining this overlay
district, providing purpose and intent, providing design, setback, fagade, parking,
formula business and restaurant, open space, and landscaping guidelines; providing for
payment in lieu of certain open space requirements; providing for waivers; resolving any
conflict between general regulations and overlay zoning regulations in favor of overlay
zoning regulations; also adopting Sec. 78-202 "US Highway One Overlay" creating and
defining this overlay district, providing purpose and intent, providing design, setback,
fagade, parking, formula business and restaurant, open space, and landscaping
guidelines; providing for payment in lieu of certain open space requirements; providing
for waivers; resolving any conflict between general regulations and overlay zoning
regulations in favor of overlay zoning regulations; also adopting Sec. 78-203 "Village
Center Overlay" creating and defining this overlay district, providing purpose and intent,
providing design, setback, fagade, parking, formula business and restaurant, open
space, and landscaping guidelines; providing for payment in lieu of certain open space
requirements; providing for waivers; resolving any conflict between general regulations
and overlay zoning regulations in favor of overlay zoning regulations; also adopting Sec.
78-204 "Waivers" to provide a process for obtaining waivers from the Village Council
from certain overlay district requirements, providing for an application, and providing
criteria for the granting of a waiver; providing that Chapter 78, Article VI, Division 3 shall
hereafter read as follows:
DIVISION 3. — OVERLAY DISTRICTS
Sec. 78-201. Teguesta Drive Overlay,
La Purpose and intent. The Teguesta Drive Overlay is established to preserve and
protect the local "hometown" village character and aesthetics, by limiting uses
permitted within the corridor in a manner that balances convenience with the
delivery of limited services in a way that is not disruptive to residential areas.
Ub Conflicts with other regulations. In the event that overlay district regulations conflict
with general zoning or special district regulations, the overlay district regulations
supersede and control over the general zoning or special district regulations.
13
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Agenda Item #15.
Uc Design. Aesthetic considerations within the Teauesta Drive Overlay as set forth in
the November 10, 2022 Commercial Corridor Master Plan should be incorporated
into all new development and re-development in this Overlay Zone. Specific
architectural styles are neither mandated nor banned: however, new development
and re-development should strive to reflect the architectural styles listed in
Appendix D (Architectural Design Guidelines) of the Commercial Corridor Master
Plan.
dM Streets. Streets within the Teauesta Drive Overlay shall be designated as primary
and secondary streets. Teauesta Drive, Seabrook Road. and Cypress Drive are
the only designated primary streets. All other streets are designated as secondary
streets.
Up Location of building and off-street parking.
1) Building Location.
a. Front Setbacks; encroachments. The maximum front setback is 20 feet
and the minimum landscape buffer is 15 feet: however, the following
frontage types as detailed in Appendix C of the Village of Teauesta
Commercial Corridor Master Plan may encroach a maximum of four (4)
feet into the minimum 15 foot landscape buffer as set forth in Table 1 and
depicted in Figure 1 below:
Teguesta Drive Overlay Permissible • • • Encroachments
Permitted Teauesta Drive West Seabrook Road Cypress Drive
Frontage Types
Porch Yes Yes No
Stoop Yes Yes No
Bracketed No No No
Balcony
Forecourt Yes Yes Yes
Arcade No No No
Shopfront Yes No Yes
Table 1: Teauesta Drive Overlay
14
Page 409 of 660
Agenda Item #15.
Property Line
15'
Building Footprint 20 R-O-W
45 1 6'�,
co _
3
Allowable Encroachment Y
Ca
Walkway },
15' 20' MAX
_ Landscape Front Setback 16' o c%
Buffer N N >,
___________________________________i
Sidewalk
E
Swale
R-O-W
Primary Street
Fig. 1: Teauesta Drive Overlay
b. Front facades on any third story and above must have front setback of
eight (8) to twelve (12) feet in addition to the first floor setback as
depicted in Figure 2 below:
32' Overall Setback
28' Overall Setback Leve
IL12' 3
8'
Level 2
20' MAX
Setback
1 6'
11 4' e Leve I 1
Sidewalk 15'
Street Landscape
+ Swale Buffer
Property Line ; Building Line
Private Proper.
Fig 2: Teauesta Drive Overlay
c. Building facades along a street frontage shall provide the appropriate
facade transparent elements such as glass windows or other approved
15
Page 410 of 660
Agenda Item #15.
openings to eliminate the creation of blank and stark walls along street
frontages.
d. Buildings fronting on two (2) streets must have a pedestrian entrance on
both streets.
(2) Location of off-street parking.
a. Parking is not permitted in the front setbacks or in the side setbacks facing
streets. Darks, or civic open spaces. Figures 3. 4. and 5 below are
guidelines for illustrative purposes and depict minimum requirements.
Primary Street
Swale
Sidewalk Property
- ---- -- - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - Line
I — 1
Q, I
Building Footprint
} aj ro i
cry io �
N :2
a i
Rear Parking
I
16' I I I 20': J
F
R-o-w 15' Landscape Buffer
--------------------------------------------------
Fig. 3: Teguesta Drive Overlay
16
Page 411 of 660
Agenda Item #15.
Primary Street
Swale
Li
Property
Line-� - - - - - - - - - - - - - - - - - -Sidewalk- - - - - - - - - - - - - - - - - - - - - - - - -
. .
F
i
,.
Zo° Building Footprint
v �
l Rear Parking
� _ t
Rear Parking
15' Landscape Buffer '
- - - - - - - - - - - - - -- - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - -- - -
Fig. 4: Teauesta Drive Overlay
Primary Strut
4a Swale
Property �P. Sidewalk
Line ►E - - - _ _ _ _ o - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
is
20 Building Footprint !
6'CD
<U , Rear Parking ,
c.7
,
Rear Parking
Alleyvvay
Fig. 5: Teauesta Drive Overlay
17
Page 412 of 660
Agenda Item #15.
b. Surface parking lots shall be screened from public view, when possible, by
either buildings or landscaping.
c. Shared parking in compliance with the requirement of Section 78-706 of
the Village Code of Ordinances is encouraged.
f) Formula businesses, restaurants, retail and drive through facilities.
1) Formula restaurants, formula retail, and drive through facilities are prohibited
in the Teguesta Drive Overlay. However, existing drive through facilities may
be used for the same use the building was constructed for.
2) Formula business. Formula businesses that conform with the intent and
integrity of the district are permitted in the Teguesta Drive Overlay as a special
exception use, subject to the following conditions:
a. The proposed formula business shall comply with the special exception
requirements of Village Code Sections 78-363 and 78-364. New formula
businesses within existing developments shall qualify for expedited special
exception review by Village Council, provided there is no expansion to the
existing development. Special exception applications that are submitted at
least 30 days in advance of a Village Council meeting, and are deemed
sufficient, shall be brought forward to that Village Council meeting for
review.
b. The proposed formula business will not alter the identity of the zoning
district in a way which detracts from its local uniqueness.
c. The proposed formula business will contribute to a diverse and
appropriate blend of businesses in the district.
d. The proposed formula business will complement the existing businesses
in the district and help promote and foster the local economic base.
e. The proposed formula business will be compatible with existing
surrounding uses.
f. The proposed formula business has been designed and will be operated
in a nonobtrusive manner to preserve the local neighborhood character
and ambiance and the proposed intensity of uses on the site is
appropriate given the uses permitted on the site and on adjoining sites.
18
Page 413 of 660
Agenda Item #15.
g. Architectural style, design, exterior facade colors shall be compatible with
the surrounding neighborhood.
h. The proposed formula business' corporate structural elements and
signage will be designed to be in harmony with architectural features and
elements of the building and neighborhood as approved by the Village
Council.
J. Drive through facilities are prohibited, except that existing drive through
facilities may be used for the same use the building was constructed for.
a) Civic open space.
1) Amount required. New development or re-development which adds gross floor
area of 20 percent or more to the existing development is required to provide
civic open space equal to five (5) percent of the total site's square footage.
Civic open space shall be counted towards the required minimum landscaped
open space.
2) Types of civic open spaces. Civic open space shall be designed as one of the
following types, and shall be identified on the site plan:
a. Green. A green is at least 1.000 square feet in size and adjoins streets on
at least two sides or a street and a pedestrian passageway or main
building entry. Greens are designed primarily for passive uses, consisting
primarily of lawn with either formally or informally arranged landscaping.
b. Plaza. A plaza is at least 1.000 square feet in size and adjoins streets on
at least two sides or a street and a pedestrian passageway or main
building entry. Plazas are mostly hardscaped with formally arranged
landscaping and a water feature.
c. Playground. A playground is at least 2.500 square feet in size.
Playgrounds provide children's play equipment and shaded seating.
Playgrounds adjoin a street on at least one side and the configuration
should ensure easy surveillance of the area from adjacent buildings and
streets.
d. Square. A square is at least 10.000 square feet and adjoins streets on at
least three sides. Squares may be up to 50 percent hardscaped. with
19
Page 414 of 660
Agenda Item #15.
formal landscaping. Squares accommodate both passive uses and
community gatherinas.
e. Attached Green. An attached green is generally 2.000 to 6,000 square
feet and spans the entire length of a block. Attached greens shall be at
least 30 feet wide and are appropriate on the short end of a block.
Attached greens are primarily lawns with formally arranged landscapina.
f. Forecourt. A forecourt is an open area in front of the main building
entrance(s) designed as a small garden or plaza. Low walls or balustrades
no higher than three feet six inches in height may enclose the forecourt.
Forecourt walls are constructed of similar material as the principal buildina
or are composed of a continuous, maintained hedge. A forecourt may
afford access to one or more first floor residential dwelling units or
incorporate storefronts for commercial uses. The forecourt is suitable for
outdoor seating for residents or restaurants. Forecourts are typically
associated with multifamily, mixed-use, and commercial buildings.
g. Pedestrian passageway, A pedestrian passageway is open to the sky
connecting the front of the property to the rear, at least ten feet in width,
and containing a minimum of 50% pervious, landscaped area, with
decorative elements of interest, such as benches, trellises, sculptures, and
water features which complement the design style of the buildina. Outdoor
use areas may be provided adjacent to but not within the minimum
required pedestrian passageway area.
h. For civic open space requirements less than 250 square feet, the space
may incorporate elements such as: fountain, living wall, mural, or
sculpture facing a street or a pedestrian passageway.
(3) Maintenance and operation of civic open space. Civic open space areas may
be dedicated to the Village for maintenance and operations purposes.
Otherwise, maintenance and operations shall be the responsibility of the
owner.
If a civic open space is dedicated to the Village. the Village shall assume all
liability and responsibility for the property. The assumption of liability and
20
Page 415 of 660
Agenda Item #15.
responsibility shall be included in the dedication and shall be recorded in the
public records of Palm Beach County,
4) Payment in lieu. In lieu of dedication of land for civic open space. the Villa
Council at its discretion may accept a fee in lieu of land for properties
consisting of 2 acres of less. Such fee shall be equal to the appraised value of
the amount of land that would otherwise be dedicated for civic open space
purposes. Appraised value shall be based upon the market value of the land in
its present state, prior to the proposed subdivision and/or development, as
determined by the county tax assessor's appraised value.
a. A fee in lieu of land dedication may be accepted by the Village Council
when the location, size, natural condition, or other similar condition exists
where the dedication of land would not be in the best interest of the
Village. An example of such a condition is when there is existing land
available for recreational use within the immediate area of the proposed
subdivision and/or land development or re-development.
b. In determining whether to accept a fee in lieu of land the Village Council
shall consider the age groups of residents to be served, the availability
and service capabilities of existing recreational facilities in the Village. and
the general physical characteristics of the proposed civic open space.
c. Fees in lieu shall be used for the acquisition, enhancement, expansion
and/or development of the Village's existing parks, recreation, land
systems, or streetscapes.
d. Fees paid in lieu may be used in conjunction with waivers. If an applicant
is granted a partial waiver regarding the provision of civic open space, the
applicant is required to pay the fee lieu for the remaining un-waived
portion.
h) Landscape buffers and waivers.
1) Landscape buffers on the front and side may be reduced by no greater than
25% of each area to accommodate civic open space, as depicted in Figure 6
below.
21
Page 416 of 660
Agenda Item #15.
I
jnt '
Building Footprint a'Allowab R-O-W
Encroachm16
Walkway
c Y ai
+�
Q To
1 5• 20 MAX Civic Open Space RP
LJ
Landscape Front 5etback I %.0—"U, ;,
Buffer I �'
------'k- ------- s--- --- --- - - - - - -- - ---- i
Sidewalk
E
S a
R-O-W wale
Primary Street
Fig. 6: Teguesta Drive Overlay
2) Waivers. Waivers from site or landscape requirements may be requested from
certain overlay zone regulations. All waivers must be granted by the Village
Council in conjunction with a site plan review application. Waivers cannot be
used to:
a. Add uses that are not permitted in the overlay or zoning district.
b. Increase the maximum allowed density/intensity.
c. Increase the maximum allowed building height.
Sec. 78-202. US Highway One Overlay,
La Purpose and intent. The US Highway 1 Overlay is established to encourage and
provide for a pedestrian friendly commercial corridor with enhanced physical
appearance through increased landscaping of public and private property:
clustering of complementary uses throughout various locations within the corridor:
and construction of pedestrian oriented facilities in both public and private realms
along US Hiahwav 1.
Lb Conflicts with other regulations. In event that the overlay district regulations conflict
with general zoning or special district regulations, the overlay regulations supersede
the general zoning or special district regulations.
Cc Design. Aesthetic considerations within the US Highway 1 Overlay as set forth in
the November 10, 2022 Commercial Corridor Master Plan should be incorporated
into all new development and re-development in this Overlay Zone. Specific
22
Page 417 of 660
Agenda Item #15.
architectural styles are neither mandated nor banned: however, new development
and re-development should strive to reflect the architectural styles listed in
Appendix D (Architectural Design Guidelines) of the Commercial Corridor Master
Plan.
d Streets. Streets within the US Highway 1 Overlay shall be designated as primary
and secondary streets. Teguesta Drive and US Highway 1 are the only designated
primary streets. All other streets are designated as secondary streets.
Le Location of building and off-street narking.
1) Building Location.
a. Front Setbacks; encroachments. The maximum front setback is 20 feet
and the minimum landscape buffer is 15 feet: however, the following
frontage types as detailed in Appendix C of the Village of Teguesta
Commercial Corridor Master Plan may encroach a maximum of four (4)
feet into the minimum 15 foot landscape buffer as set forth in Table 1 and
depicted in Figure 1 below:
US Highway 1 Overlay Permissible . . • - Buffer Encroachments
Porch No
Stoop Yes
Bracketed Balcony Yes
Forecourt Yes
Arcade No
Shopfront Yes
Table 1: US Highway One Overlay
23
Page 418 of 660
Agenda Item #15.
Property Line
i
—15'-/1
Building Footprint Zo' R-O-W
4' 16'
a
3
Allowable Encroachment
Walkway ; },
i Y Q1 N
is, 20' MAX 3
Landscape Front Setback 16' N cn
Buffer
Sidewalk cc
E
Swale
R-O-W
Primary Street
Fig. 1: US Highway One Overlay
b. Front facades on any third story and above must have front setback of
eight (8) to twelve (12) feet in addition to the first floor setback, as
depicted in Figure 2 below:
24
Page 419 of 660
Agenda Item #15.
32' Overall Setback
28' Overall Setback - Level
1 2' 3
8'
Leve 1 2
20' MAX
Setback
1 6'
4, Leve I 1
•
JSidewalk 1 S'
Street �' Landscape
+ Swale suffer
Property Line Building Line
Fig 2: US Highway One Overlay
c. Building facades along a street frontage shall provide the appropriate
facade transparent elements such as glass windows or other approved
openings to eliminate the creation of blank and stark walls along street
frontages.
d. Buildings fronting on two (2) streets must have a pedestrian entrance on
both streets.
(2) Location of off-street parking.
a. Parking is not permitted in the front setbacks or in the side setbacks facing
streets, parks, or civic open spaces. Figures 3. 4. and 5 below are
guidelines for illustrative purposes and depict minimum reauirements.
25
Page 420 of 660
Agenda Item #15.
Primary Street
Swale
R-O-W
Sidewalk Property
--------------------------------------------- -- - - - F Line
1 5'Af
— — — — — — — — — — — — — —'--
I I '
Y' i Building Footprint i
(D v
i76W, I — — — — — — — — — — — - ;
N N I
I Rear Parking
I i
�`1 6' I I
R-O-W
20'
F
..............................
R-O-W ; 15' Landscape Buffer
Fla. 3: US Highway One Overlay
Primary Street
Swale
Property Sidewalk
-
Line-�O- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
. . .
r
l
4-+
20' Building Footprint ;
I '
1-M M 1 TT 1 1 1 1
Rear Parking
Rear Parking '
15' Landscape Buffer
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --
Fig. 4: US Highway One Overlay
26
Page 421 of 660
Agenda Item #15.
Primary Street
Swale
Property" Sidewalk
Line-ow[ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
f- — . — . — . — . — — . — — . — — . — —
Building Footprint !
- - - - — - - - - Q
L
Rear Parking
(Li
,
Rear Parking
a
a
— — — — — — _ — — — — — — — — — — - — — — — — — — — — — —
'�` A,l l eyway
Fig. 5: US Highway One Overlay
b. Surface parking lots shall be screened from public view, when possible, by
either buildings or landscaping.
c. Shared parking in compliance with the requirement of Section 78-707 of
the Village Code of Ordinances is encouraged.
f) Formula businesses, restaurants, retail, and drive through facilities.
(1) New drive through facilities are permitted on the side and rear of the building
and shall be screened from public view by landscaping.
2) Full-service fuel stations or gasoline service stations shall only be located
within the US Highway 1 Overlay. Full-service fuel stations or gasoline service
stations shall be located a minimum of 500 lineal feet from existing or
previously approved stations: however, full-service fuel stations are not
permitted in those portions of the US Highway One Overlay Zone with an
underlying zoning designation of Mixed Use.
3) New drive through facilities shall not be located on a building facade that faces
a public right-of-way, except for full-service fuel stations, which must be
27
Page 422 of 660
Agenda Item #15.
screened from public view.
4) Formula restaurants. Formula restaurants are permitted in the US Highway-1
Overlay as a special exception use subject to the following-conditions:
a. The proposed formula restaurant shall comply with the special exception
requirements of Village Code Sections 78-363 and 78-364. New formula
restaurants within existing developments shall qualify for expedited special
exception review by Village Council, provided there is no expansion to the
existing development. Special exception applications that are submitted at
least 30 days in advance of a Village Council meeting, and are deemed
sufficient, shall be brought forward to that Village Council meeting-for
review.
b. The proposed formula restaurant will not alter the identity of the zoning
district in a way which detracts from its uniqueness.
c. The proposed formula restaurant will contribute to a diverse and
appropriate blend of businesses in the district.
d. The proposed formula restaurant will complement the existing businesses
in the district and help promote and foster the local economic base.
e. The proposed formula restaurant will be compatible with existina
surrounding uses.
f. The proposed formula restaurant has been designed and will be operated
in a nonobtrusive manner to preserve the community's character and
ambiance and the proposed intensity of uses on the site is appropriate
given the uses permitted on the site and on adbinina sites.
g. Architectural Style, design, exterior facade colors shall be compatible with
the surrounding neighborhood.
h. The proposed formula restaurant corporate structural elements and
signage will be designed to be in harmony with architectural features and
elements of the building and neighborhood as approved by the Villaae
Council.
J. Drive through facilities must comply with paragraphs (f)(1) and (fl(31 of this
subsection.
28
Page 423 of 660
Agenda Item #15.
(5) Formula business and formula retail are permitted in the US Highway 1 Overlay
in the same manner that non-formula business and non-formula retail are
permitted.
a) Civic oxen space.
1) Amount required. New development or re-development which adds gross floor
area of 20 percent or more to the existing development is required to provide
civic open space equal to five (5) percent of the total site's square footage.
Civic open space shall be counted towards the required minimum landscaped
open space.
2) Types of civic open spaces. Civic open space shall be designed as one of the
following types, and shall be identified on the site plan,
a. Green. A green is at least 1.000 square feet in size and adjoins streets on
at least two sides or a street and a pedestrian passageway or main
building entry. Greens are designed primarily for passive uses, consisting
primarily of lawn with either formally or informally arranged landscaping.
b. Plaza. A plaza is at least 1.000 square feet in size and adjoins streets on
at least two sides or a street and a pedestrian passageway or main
building entry. Plazas are mostly hardscaped with formally arranged
landscaping and a water feature.
c. Playground. A playground is at least 2.500 square feet in size.
Playgrounds provide children's play equipment and shaded seating.
Playgrounds adjoin a street on at least one side and the configuration
should ensure easy surveillance of the area from adjacent buildings and
streets.
d. Square. A square is at least 10.000 square feet and adjoins streets on at
least three sides. Squares may be up to 50 percent hardscaped. with
formal landscaping. Squares accommodate both passive uses and
community gatherings.
e. Attached Green. An attached green is generally 2.000 to 6.000 square
feet and spans the entire length of a block. Attached greens shall be at
least 30 feet wide and are appropriate on the short end of a block.
29
Page 424 of 660
Agenda Item #15.
Attached greens are primarily lawns with formally arranged landscaping.
f. Forecourt. A forecourt is an open area in front of the main building
entrance(s) designed as a small garden or plaza. Low walls or balustrades
no higher than three feet six inches in height may enclose the forecourt.
Forecourt walls are constructed of similar material as the principal building
or are composed of a continuous, maintained hedge. A forecourt may
afford access to one or more first floor residential dwelling units or
incorporate storefronts for commercial uses. The forecourt is suitable for
outdoor seating for residents or restaurants. Forecourts are typically
associated with multifamily, mixed-use, and commercial buildings.
g. Pedestrian passageway. A pedestrian passageway is open to the sky
connecting the front of the property to the rear, at least ten feet in width,
and containing a minimum of 50% pervious, landscaped area, with
decorative elements of interest, such as benches, trellises, sculptures, and
water features which complement the design style of the building. Outdoor
use areas may be provided adjacent to but not within the minimum
required pedestrian passageway area.
h. For civic open space requirements less than 250 square feet, the space
may incorporate elements such as: fountain, living wall, mural, or
sculpture facing a street or a pedestrian passageway.
(3) Maintenance and operation of civic open space. Civic open space areas may
be dedicated to the Village for maintenance and operations purposes.
Otherwise, maintenance and operations shall be the responsibility of the
owner. If a civic open space is dedicated to the Village. the Village shall
assume all liability and responsibility for the property. The assumption of
liability and responsibility shall be included in the dedication and shall be
recorded in the public records of Palm Beach County. .
4) Payment in lieu. In lieu of dedication of land for civic open space. the Village
Council at its discretion may accept a fee in lieu of land for properties
consisting of 2 acres of less. Such fee shall be equal to the appraised value of
the amount of land that would otherwise be dedicated for civic open space
30
Page 425 of 660
Agenda Item #15.
purposes. Appraised value shall be based upon the market value of the land in
As present state, prior to the proposed subdivision and/or development, as
determined by the county tax assessor's appraised value.
a. A fee in lieu of land dedication may be accepted by the Village Council
when the location, size, natural condition, or other similar condition exists
where the dedication of land would not be in the best interest of the
Village. An example of such a condition is when there is existing land
available for recreational use within the immediate area of the proposed
subdivision and/or land development or re-development.
b. In determining whether to accept a fee in lieu of land the Village Council
shall consider the age groups of residents to be served. the availability
and service capabilities of existing recreational facilities in the Village. and
the general physical characteristics of the proposed civic open space.
c. Fees in lieu shall be used for the acquisition, enhancement, expansion
and/or development of the Village's existing parks. recreation, land
systems, or streetscapes.
d. Fees paid in lieu may be used in conjunction with waivers. If an applicant
is granted a partial waiver regarding the provision of civic open space, the
applicant is required to pay the fee lieu for the remaining un-waived
portion.
h) Landscape buffers and waivers.
1) Landscape buffers on the front and side may be reduced by no greater than
25% of each area to accommodate civic open space, as depicted in Figure 6
below.
31
Page 426 of 660
Agenda Item #15.
Y
Building Footprint 4'Allowable R-O-W
Encroachment ��
Walkway a--�
c Y
Q
ai
1 5' 20' MAX Civic Open Space 3: 0)
Landscape Front Setback72 cn N
I • _
Buffer 'k- ------�=--
Sidewalk p
E
S a
R-O-W wale
Primary Street
Fig. 6: US Highway One Overlay
2) Waivers. Waivers from site or landscape requirements may be requested from
certain overlay zone regulations. All waivers must be granted by the Village
Council in conjunction with a site plan review application. Waivers cannot be
used to:
a. Add uses that are not permitted in the overlay or zoning district.
b. Increase the maximum allowed density/intensity.
c. Increase the maximum allowed building height.
Sec. 78-203. Village Center Overlay.
Ca Purpose and intent. The Village Center Overlay is established to encourage
architectural character and-a diversity of uses such as residential, commercial, and
civic spaces while providing a pedestrian connectivity between Teguesta Drive,
Bridge Road, Old Dixie Highway, and Village Boulevard. The Village Center
Overlay is an appropriate location for traditional mixed-use development that
provides opportunities for residents to live, work, shop, and recreate in a walkable
area as contemplated by Objective 1.11.0 and Policy 1.11.2 of the Village of
Teguesta Comprehensive Plan. The inclusion of enhanced greenspace for
development located south of Teguesta Drive is encouraged and incentivized as
contemplated by Policy 1.16.5. of the Village of Teguesta Comprehensive Plan.
32
Page 427 of 660
Agenda Item #15.
Ub Conflicts with other regulations. In event that the overlay district regulations conflict
with general zoning or special district regulations, the overlay regulations supersede
the general zoning or special district regulations.
Lc Design. Aesthetic considerations within the Village Center Overlay as set forth in
the November 10, 2022 Commercial Corridor Master Plan should be incorporated
into all new development and re-development in this Overlay Zone. Specific
architectural styles are neither mandated nor banned: however, new development
and re-development should strive to reflect the architectural styles listed in
Appendix D (Architectural Design Guidelines) of the Commercial Corridor Master
Plan.
dM Streets. Streets within the Village Center Overlay shall be designated as primary
and secondary streets. Teguesta Drive, Bridge Road, Old Dixie Highway, Main
Street. and Village Boulevard are the only designated primary streets. All other
streets are designated as secondary streets.
Le Location of building and off-street parking.
1) Building Location.
a. Front Setbacks; encroachments. The maximum front setback is 20 feet
and the minimum landscape buffer is 15 feet: however, the following
frontage types as detailed in Appendix C of the Village of Teguesta
Commercial Corridor Master Plan may encroach a maximum of four (4)
feet into the minimum 15 foot landscape buffer as set forth in Table 1 and
depicted in Figure 1 below:
VillageOverlay Permissible • • • Encroachments
Permitted Teguesta Old Dixie Main St. Bridge Rd. Village Blvd
Frontage Types Dr. Hwy
Porch No No No No Yes
Stoop Yes Yes No Yes Yes
Bracketed Yes Yes No Yes Yes
Balcony
Forecourt Yes Yes Yes Yes Yes
33
Page 428 of 660
Agenda Item #15.
Arcade Yes No Yes Yes No
Shopfront Yes Yes Yes Yes No
Table 1: Village Center Overlay
Property Line
15' y
Building Footprint 20 R-O-W
rW;,, 16'
3
Allowable EncroachmentIM Y
o
Walkway
............... Y 41 QJ
15' 20' MAX 3
Landscape Front Setback 16' : -2 N
Buffer I >.
�k---- ----'I�------- ---------------------------------- v, cry
Sidewalk co
E
Swale
R-O-W
Primary Street
Fig. 1: Village Center Overlay
b. Front facades on any third story and above must have front setback of
eight (8) to twelve (12) feet in addition to the first floor setback as
depicted in Figure 2 below:
34
Page 429 of 660
Agenda Item #15.
32' Overall Setback
28' Overall Setback Level
2' 3
s
Leve 1 2
20' MAX
Setback
16'
4' Lure I 1
6;44",*k
Sidewalk 15' =
Street A'--Landscape
+ Swale Buffer
Property Line Building Line
R-0-1111 WIPrivate c�
Prperty
Fig 2: Village Center Overlay
c. Building facades along a street frontage shall provide the appropriate
facade transparent elements such as glass windows or other approved
openings to eliminate the creation of blank and stark walls along street
frontages.
d. Buildings fronting on two (2) streets must have a pedestrian entrance on
both streets.
(2) Location of off-street parking.
a. Parking is not permitted in the front setbacks or in the side setbacks facing
streets. parks, or civic open spaces. Figures 3. 4. and 5 below are
guidelines for illustrative purposes and depict minimum requirements.
35
Page 430 of 660
Agenda Item #15.
Primary Street
Swale
Sidewalk Property
------------------------------- ------ - ----- Line
—.— _ —.—._.—.— —.—.—._.— —.— _ —.-
1 5'Ae
Building Footprint i
Cu
J
E
a i
i
I Rear Parking
R-O-W 16' I — J I I I I I I I ! I 20.
F
R-O-W 15' Landscape Buffer
---------------------------------------------------
Fig. 3: Village Center Overlay
Primary Street
Property O� Swale
Lined _ _ _Sidewalk _ _ _ _ _ _ - -
vZ° 'r Building Footprint
N 16' l j
I '
IIIII IIIIIIII
cn Rear Parking
F
Rear Parking '
15' Landscape Buffer
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Fig. 4: Village Center Overlay
36
Page 431 of 660
Agenda Item #15.
Primary Street
Swale Alp
Property' Sidewalk
Line - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
f
r
`z°" Building Footprint �
16 o
- - - - -
C>
V ' J
Rear Parking
vs �+
i
Rear Parking
s
� _ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
' ` Alleyway
Fig. 5: Village Center Overlay
b. Surface parking lots shall be screened from public view, when possible, by
either buildings or landscaping.
c. Shared parking in compliance with the requirement of Section 78-707 of
the Village Code of Ordinances is encouraged.
f) Formula businesses, restaurants, retail. and drive through facilities.
1) Drive through facilities are prohibited in the Village Center Overlay: however,
existing drive through facilities may be used for the same use the building was
constructed for.
2) Formula restaurants and Formula retail. Formula restaurants and Formula
retail are permitted in the Village Center Overlay as a special exception use.
subject to the following conditions:
a) The proposed formula restaurant or formula retail use shall comply with the
special exception requirements of Village Code Sections 78-363 and 78-
364. New formula restaurants and formula retail within existing
developments shall qualify for expedited special exception review by
37
Page 432 of 660
Agenda Item #15.
Village Council, provided there is no expansion to the existing
development. Special exception applications that are submitted at least 30
days in advance of a Village Council meeting, and are deemed sufficient.
shall be brought forward to that Village Council meeting for approval.
b) The proposed formula restaurant or formula retail use will not alter the
identity of the zoning district in a way which detracts from its local
uniqueness.
c) The proposed formula restaurant or formula retail use will contribute to a
diverse and appropriate blend of businesses in the district.
d) The proposed formula restaurant or formula retail use will complement the
existing businesses in the district and help promote and foster the local
economic base.
e) The proposed formula restaurant or formula retail use will be compatible
with existing surrounding uses.
f) The proposed formula restaurant or formula retail use has been designed
and will be operated in a nonobtrusive manner to preserve the local
community's character and ambiance and the proposed intensity of uses
on the site is appropriate given the uses permitted on the site and on
adjoining sites.
a) Architectural style, design, exterior facade colors shall be compatible with
the surrounding neighborhood.
h) The proposed formula restaurant or formula retail use's corporate
structural elements and sianaae will be designed to be in harmony with
architectural features and elements of the building and neighborhood as
approved by the Village Council.
i) Drive through facilities are prohibited, except that existing drive through
facilities may be used for the same use the building was constructed for.
3) Formula business is permitted in the Village Center Overlay in the same
manner that non-formula business is permitted.
a) Civic open space.
1) Amount required. New development or re-development which adds gross floor
38
Page 433 of 660
Agenda Item #15.
area of 20 percent or more to the existing development is required to provide
civic open space equal to five (5) percent of the total site's square footage.
Civic open space shall be counted towards the required minimum landscaped
open space.
2) Types of civic open spaces. Civic open space shall be designed as one of the
following types, and shall be identified on the site plan:
a. Green. A green is at least 1.000 square feet in size and adjoins streets on
at least two sides or a street and a pedestrian passageway or main
building entry. Greens are designed primarily for passive uses, consisting
primarily of lawn with either formally or informally arranged landscaping.
b. Plaza. A plaza is at least 1.000 square feet in size and adjoins streets on
at least two sides or a street and a pedestrian passageway or main
building entry. Plazas are mostly hardscaped with formally arranged
landscaping and a water feature.
c. Playground. A playground is at least 2.500 square feet in size.
Playgrounds provide children's play equipment and shaded seating.
Playgrounds adjoin a street on at least one side and the configuration
should ensure easy surveillance of the area from adjacent buildings and
streets.
d. Square. A square is at least 10.000 square feet and adjoins streets on at
least three sides. Squares may be up to 50 percent hardscaped, with
formal landscaping. Squares accommodate both passive uses and
community gatherings.
e. Attached Green. An attached green is generally 2.000 to 6.000 square
feet and spans the entire length of a block. Attached greens shall be at
least 30 feet wide and are appropriate on the short end of a block.
Attached greens are primarily lawns with formally arranged landscaping.
f. Forecourt. A forecourt is an open area in front of the main building
entrance(s) designed as a small garden or plaza. Low walls or balustrades
no higher than three feet six inches in hejaht may enclose the forecourt.
Forecourt walls are constructed of similar material as the principal building
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Agenda Item #15.
or are composed of a continuous, maintained hedge. A forecourt may
afford access to one or more first floor residential dwelling units or
incorporate storefronts for commercial uses. The forecourt is suitable for
outdoor seating for residents or restaurants. Forecourts are typically
associated with multifamily, mixed-use, and commercial buildings.
g. Pedestrian passageway, A pedestrian passageway is open to the sky
connecting the front of the property to the rear, at least ten feet in width.
and containing a minimum of 50% pervious, landscaped area. with
decorative elements of interest, such as benches, trellises, sculptures, and
water features which complement the design style of the building. Outdoor
use areas may be provided adjacent to but not within the minimum
required pedestrian passageway area.
h. For civic open space requirements less than 250 square feet, the space
may incorporate elements such as: fountain, living wall, mural, or
sculpture facing a street or a pedestrian passaaeway.
(3) Maintenance and operation of civic open space. Civic open space areas may
be dedicated to the Village for maintenance and operations purposes.
Otherwise, maintenance and operations shall be the responsibility of the
owner.
If a civic open space is dedicated to the Village. the Village shall assume all
liability and responsibility for the property. The assumption of liability and
responsibility shall be included in the dedication and shall be recorded in the
public records of Palm Beach County,
4) Payment in lieu. In lieu of dedication of land for civic open space. the Village
Council at its discretion may accept a fee in lieu of land for properties
consisting of 2 acres of less. Such fee shall be equal to the appraised value of
the amount of land that would otherwise be dedicated for civic open space
purposes. Appraised value shall be based upon the market value of the land in
its present state, prior to the proposed subdivision and/or development. as
determined by the county tax assessor's appraised value.
a. A fee in lieu of land dedication may be accepted by the Village Council
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Agenda Item #15.
when the location, size, natural condition, or other similar condition exists
where the dedication of land would not be in the best interest of the
Village. An example of such a condition is when there is existing land
available for recreational use within the immediate area of the proposed
subdivision and/or land development or re-development.
b. In determining whether to accept a fee in lieu of land the Village Council
shall consider the age groups of residents to be served, the availability
and service capabilities of existing recreational facilities in the Village. and
the general physical characteristics of the proposed civic open space.
c. Fees in lieu shall be used for the acquisition, enhancement, expansion
and/or development of the Village's existing parks. recreation, land
systems, or streetscapes.
d. Fees paid in lieu may be used in conjunction with waivers. If an applicant
is granted a partial waiver regarding the provision of civic open space, the
applicant is required to pay the fee lieu for the remaining un-waived
portion.
h) Landscape buffers and waivers.
1) Landscape buffers on the front and side may be reduced by no greater than
25% of each area to accommodate civic open space, as depicted in Figure 6
below.
T
15'
3 �
Building Footprint a'Allowable
Encroachment 16' l
Walkway
"k ........................................................................: �O Y G)
15' 20' MAX Civic Open Space Cu
Landscape Front Setback .� I �����Qar—J �_ cn
Buffer '%. I '^ N
"k - - - - - - "C- ------- --�-- - - - ---- --- ---------- - - - i
Sidewalk
E
S
R-O-W wale
Primary Street
Fig. 6: Village Center Overlay
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Agenda Item #15.
2) Waivers. Waivers from site or landscape requirements may be requested from
certain overlay zone regulations. All waivers must be granted by the Village
Council in conjunction with a site plan review application. Waivers cannot be
used to:
a. Add uses that are not permitted in the overlay or zoning district.
b. Increase the maximum allowed density/intensity. Except that a
development over 2 acres that is located south of Teguesta Drive and
creates 15% civic open space: may be eligible to apply for a waiver to
allow up to 50% of one-bedroom units to count as .5 dwellina units for
density purposes.
c. Increase the maximum allowed building height. Except that a development
over 2 acres that is located south of Tequesta Drive and creates 1516 civic
open space: may be eligible to apply for a waiver to allow a partial fifth
story.
which cannot exceed 50% of the building footprint.
Sec. 78-204. Waivers.
(a) In the Tequesta Drive, US Highway One. or Village Center Overlay Districts.
waivers may be requested from certain regulations in this Code. An applicant
requesting a waiver shall demonstrate that the waiver provides a public benefit.
including, by way of example, high-quality architectural design, pedestrian
amenities, no-cost dedication of rights-of-way, construction of public parking. public
art, or other improvements adjacent to the property, preservation of environmentally
sensitive lands, provision of public parks and/or open spaces, or mixed uses which
reduce impacts on village services.
b) An application for a waiver may be made by any property owner or tenant or by a
governmental office, department, board, or bureau. Such applications shall be filed
with the Department of Community Development in conjunction with a site plan
review application. As part of the review process, the applicant shall identify the
waiver request, explain the nature of the request, the extent to which it deviates
from the overlay regulations, and the basis for which it is sought.
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Agenda Item #15.
c) As part of the site plan approval process. the Village Council will hold a public
hearing to review the waiver request. When evaluating waiver requests, the Village
Council shall consider the following factors and any-additional criteria set forth in
the relevant zoning
district-
1) The extent to which the alternate standard proposed by the applicant differs
from the code's standard that would be waived:
2) Whether the granting of the waiver will lead to innovative design in which other
minimum standards are exceeded:
3) Whether the request clearly demonstrates the public benefits to be
derived-
4) Whether the request furthers the goals of the Village Commercial Corridor
Master Plan, and exemplifies the architectural, building, and site desian
techniques
desired-
5) Whether the requested waiver is otherwise prohibited by Village Code:
6) Any unusual circumstances regarding the property or immediate area.
including the location of power lines, specimen trees, or shade
trees-
7) The effect of approving or denying the waiver on the development project and
on the surrounding area:
8) Consistency with the Village of Teguesta Comprehensive Plan:
9) Testimony from the applicant: and
10) Testimony from the public.
d) At the conclusion of the public hearing. the Village Council shall make a decision on
each requested waiver. Approval is contingent on the Village Council makina these
findings and any additional fjndinas relevant to the applicable zoning district:
1) The alternate standard proposed by the applicant is acceptable for the specific
site and building:
(2) The proposed waiver does not detract from the design principles supporting
these zoning districts and the broader intent of this Code:
(3) The proposed waiver will not be injurious to surrounding properties or nearby
neighborhoods: and
4) The proposed waiver is not inconsistent with the Village of Teguesta
Comprehensive Plan.
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Agenda Item #15.
e) Public notice of all waiver hearings shall be provided as required by Section 78-
370 of the Village Code.
Sec. 78-205 - 78-220. - Reserved.
Section 5: Each and every other section and subsection of Chapter 78.
Zoning. shall remain in full force and effect as previously adopted.
Section 6: All ordinances or parts of ordinances in conflict be and the same
are hereby repealed.
Section 7: 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 8: Specific authority is hereby granted to codify this Ordinance.
Section 9: This Ordinance shall take effect immediately upon adoption.
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