HomeMy WebLinkAboutDocumentation_Workshop_Tab 01_3/2/2026 Agenda Item #1.
Workshop
STAFF MEMO
A-1
Meeting: Workshop - Mar 02 2026
Staff Contact: Jay Hubsch Department: Community Development
Discussion on Code Updates
The proposed 2026 Code Updates represent a comprehensive review and refinement of multiple
sections of the Village Code to improve clarity, eliminate internal inconsistencies, and ensure
alignment with recent changes to Florida law and adopted Village policy direction. The majority of the
amendments are administrative in nature, including housekeeping revisions, definitional clarifications,
correction of cross-references, and codification of existing practices. Several updates are required to
maintain compliance with recent state legislation addressing public notice procedures, artificial turf
regulations, subdivision approvals, and reasonable accommodation processes.
In addition, the proposed amendments implement policy initiatives previously discussed with the
Village Council and advisory boards and reflected in the Comprehensive Plan, Mobility Plan, and
Master Plan. These include establishment of a voluntary Green Building Incentive Program, updates
to landscaping and invasive species regulations, clarification of zoning standards, bicycle parking
requirements, and provisions encouraging dark-sky-friendly lighting. Collectively, the amendments
modernize the Village's regulatory framework while maintaining consistency with the Comprehensive
Plan and preserving neighborhood character.
Due to the volume of revisions and the number of code sections being amended, staff proposes a
phased adoption approach to improve clarity and facilitate efficient review by the Planning and Zoning
Board and the Village Council. Ordinances 03-26, 04-26, and 05-26 constitute the first phase of
adoption, with remaining amendments to be presented at subsequent public hearings. The attached
staff report provides a detailed description of each proposed amendment. Also attached are
Ordinances 03-26, 04-267 05-26, and additional code changes which will be coming forward in future
Ordinances.
This document and any attachments may be reproduced upon request in an alternative format by
completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-
768-0443.
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Agenda Item #1.
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COMMENTS/EXPLANATION ON SELECTIONNA
Code Update Staff Report
Ordinance 03-26-Updating Chapter 14 Building and Building Regulations
Ordinance 04-26 Updating Chapter 22 Updating Planning & Zoning
Ordinance 05-26 Updating Chapter 22 Updating Reasonable Accomodations
2026 Code Update Draft-Future Ordinances
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Agenda Item #1.
VILLAGE OF TEQU ESTA
Department of Community Development
Staff Report—Village Council Workshop March 2, 2026
2026 Code Updates Summary
The proposed 2026 Code Updates represent a comprehensive review and refinement of
multiple sections of the Village Code. The amendments are intended to clarify existing
regulations, eliminate internal inconsistencies, align Village procedures with recently adopted
state legislation, and formally codify practices that the Village has been administering
operationally. These updates enhance clarity, consistency, and enforceability while ensuring the
Code remains aligned with adopted Village plans and policy direction.
The majority of the proposed amendments are administrative in nature, including
housekeeping revisions, clarification of definitions, correction of cross-references, and
procedural updates. Several amendments are necessary to maintain compliance with recent
changes to Florida Statutes, including updates related to public notice procedures, artificial turf
regulations, subdivision approval processes, and reasonable accommodation requirements.
These state-mandated revisions ensure the Village's regulations remain legally consistent and
enforceable.
Other amendments reflect policy direction provided by the Village Council, advisory boards,
and adopted planning documents such as the Comprehensive Plan, Mobility Plan, and Master
Plan. These updates include the creation of a Green Building Incentive Program, enhanced
landscaping and invasive species provisions, minimum housing standards to preserve
neighborhood character, bicycle parking requirements consistent with adopted mobility goals,
and provisions encouraging dark-sky-friendly lighting.
Overall, the proposed amendments modernize the Village Code, enhance regulatory clarity for
residents and applicants, and better position the Village to administer development, zoning,
and building regulations in a manner consistent with state law, best practices, and the Village's
long-term planning goals.
Due to the volume of revisions and the number of code sections being amended, staff proposes
a phased adoption approach to improve clarity and facilitate efficient review by the Planning
and Zoning Board and the Village Council. Ordinances 03-26, 04-26, and 05-26 constitute the
first phase of adoption, with remaining amendments to be presented at subsequent public
hearings. The proposed code changes are broken down into four types: Building Department,
Environmental Committee, State Legislation, and Community Development updates. Proposed
changes that are part of Ordinances 03-26, 04-26, and 05-26 are noted.
Department of Community Development og
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Agenda Item #1.
Building Department Updates:
1. Section 14-1 makes the hours of construction the same as Section 30-361. Section 30-361
was updated in 2025 to change the hours of construction on Saturdays from 7:00 a.m. to 6:00
p.m. to 8:00 a.m. to 5:00 p.m. However, Section 14-1 was not updated at that time. This change
will ensure there is no contradictory language in the code. (Ordinance 03-26)
2. Section 14-181 (f-h) codifies requirements that are currently in the Building Department's
Construction Site Policy document. (Ordinance 03-26)
3. The Village's definitions have been changed in Section 76 (Waterway Control) to define what
a boatlift is. The absence of a clear definition has created ambiguity during permitting and
enforcement, particularly in distinguishing boatlifts from other waterfront structures.
4. Cleans up a glitch for the location of accessory buildings in Section 78-289. The way the code
is currently written, accessory structures in single-family neighborhoods can be located forward
of the front face of the building structure if it meets building setbacks. This means someone
could put a pool or accessory structure in front of their home. The code clarifies that accessory
structures must be located behind the front face of a building, regardless of what the setback is.
This amendment ensures accessory structures remain subordinate to the principal structure
and preserves the established front yard character of single-family neighborhoods.
Environmental Committee Updates:
5. Article IV. Green Building Incentives (Sections 14.91-14.96) creates a Green Building Incentive
Program. Participation in the program is voluntary and incentive based. This has been a priority
project for the Village Council and EAC. The proposed program was workshopped with the EAC
and Village Council in 2025. (Ordinance 03-26)
6. Pursuant to direction from the Environmental Advisory Committee and the Village Council at
a 2025 workshop, Section 78-397 has been amended to reference the Florida Invasive Species
Council's list of prohibited plant species, which is updated biannually. This approach allows the
Village to rely on the state's foremost authority on invasive plant species and eliminates the
need for future code amendments each time a new invasive species is identified or reclassified.
The Village Landscape Architect, Steve Parker, assisted in this update.
State Legislation Updates:
7. Several sections of the Code have been amended to clarify that the Village may provide
public notice for public hearings through the Village's public notices portal, in addition to
publication in a local newspaper. Recent amendments to state law authorize this method of
notice. While the Village has already been following this practice, it has not previously been
codified. Sections 22-55, 62-37, 78-65, 78-334, and 78-370 have been updated accordingly.
(Ordinance 04-26)
Department of Community Development ng
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8. House Bill 683, adopted in 2025, requires the Florida Department of Environmental
Protection to establish minimum standards for the installation of artificial turf on single-family
residential properties under one acre in size. The DEP has since adopted these standards in Rule
62-308.100. Section 78-396.5 of the Village Code has been amended to ensure consistency with
the new state requirements. Most of the Village's existing artificial turf standards have been
retained, with exemptions applied to single-family lots under one acre as required by state law.
9. House Bill 784, adopted in 2025, requires that plats be approved administratively. Chapter 66
(Subdivisions) of the Village Code has been amended to reflect this state requirement by
providing for administrative approval of plats. This new requirement will not impact the review
of site plans or planned developments. These application types will continue to be processed
through the Village's Development Review process, and review by PZB, and approval by Village
Council.
10. The Reasonable Accommodation procedures set forth in Sections 22-110 through 22-114
have been updated. In 2025, the Village adopted Ordinance 12-25 to establish Reasonable
Accommodation procedures in compliance with section 397.487, Florida Statutes, which
requires municipalities to adopt a process for approving recovery residences prior to 2026.
Ordinance 12-25 established a staff-level approval process for Reasonable Accommodation
requests. During adoption of the ordinance, the Village Council expressed a preference for
retaining approval authority over such requests. These amendments revise the Code to
establish a process for Village Council review and approval of Reasonable Accommodation
requests. (Ordinance 05-26)
Community Development Updates:
11. The Village's definitions have been changed in Section 78 (Zoning) in several places.
a. Accessory dwelling unit is defined and noted that they are prohibited.
b. The definition of family has been amended so that no more than three unrelated
persons can occupy a single-family home. This is a common restriction in zoning codes
and prevents houses from turning into rooming houses and similar uses.
c. Clarifies that to be considered a fast-food restaurant, a drive-thru or walk up lane is
provided. The current definition of carryout restaurant and fast food restaurant is
virtually the same, and this will establish the difference between the two.
d. Notes that waivers are allowed in Planned Residential Districts (PRD's). They are
expressly allowed in Planned Commercial Districts (PCD's) and Zoning Overlays but not
expressly allowed in PRD's.
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12. Section 22.53 lists the powers and duties of the Planning and Zoning Board. This has been
updated to note that the PZB reviews and makes recommendations to Village Council for
special exceptions, except for ones that qualify for expedited review in Zoning Overlays.
(Ordinance 04-26)
13. Removes "Automotive Repair Establishments" from the list of permitted uses in the C-3
zoning district in Section 78-178. These are currently listed as special exception uses in the C-3
district, which is contradictory.
14. Creates a waiver process in Planned Residential Districts in Section 78-229. This mirrors the
language used for waivers in Planned Commercial Districts. It should be noted that the Village
has historically allowed waivers in PRD's, such as The Reserve. However, they were simply not
codified with specific procedures and requirements.
15. Creates an Outdoor Seating section in 78-309. There is currently not an outdoor seating
section and this codifies some ADA/Fire Code requirements, but also general best practices.
16. The Conceptual Review process in 78-332 is amended to state that the Village Manager or
designee may require an applicant to hold a special workshop with the Village Council when a
project is determined to be "unusually complex". This would be for something like Paradise
Park redevelopment, where more time is needed to workshop a project. This will also ensure
that an excessive amount of time is not spent on one project at a regular council meeting.
17. Section 78-403 is amended to remove an inconsistency from another landscape code
provision, and to also remove a diagram that was not previously changed when the code was
updated in 2022.
18. Section 78-701 is amended to note that a photometric plan may be required during the site
plan process to ensure that an excess amount of lighting spills over to an adjacent property.
This is standard in most zoning codes. Additionally, a provision was added which encourages
but does not mandate the use of dark-sky friendly lighting fixtures. This was a recommendation
in the Village Master Plan.
19. Section 78-702 has been created to require 1 bicycle space in non-residential development
for every 20 parking spaces provided. This is a Comprehensive Plan provision that is not
codified. It is also a recommendation from the Mobility Plan.
Department of Community Development og
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Agenda Item #1.
ORDINANCE NO. 03-26
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 14. BUILDING AND
BUILDING REGULATIONS; PROVIDING MULTIPLE
RECOMMENDED BUILDING AND BUILDING REGULATION CODE
UPDATES; AMENDING CHAPTER 14 AT ARTICLE I. — IN GENERAL
TO MODIFY CONSTRUCTION WORK HOURS; AT ARTICLE IV
CREATING A NEW GREEN BUILDING INCENTIVE PROGRAM; AT
ARTICLE VIII. — CONSTRUCTION SITE MAINTENANCE REQUIRING
TEMPORARY CONSTRUCTION SITE FENCING; PROVIDING THAT
EACH AND EVERY OTHER SECTION AND SUBSECTION OF
CHAPTER 14. BUILDINGS AND BUILDING REGULATIONS SHALL
REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED;
PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE,
AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
WHEREAS, the Planning and Zoning Department has undertaken a comprehensive
review of Chapter 14 Buildings and Building Regulations; and
WHEREAS, Chapter 14 is in need of numerous quality of life updates including
definitional changes, changes to the current construction standard regulations, and other changes
to match best practices; and
WHEREAS, the Village of Tequesta Building regulations do not currently contain any
green building incentives, and it is the recommendation of the Planning and Zoning Department
to adopt such incentives; and
WHEREAS, the Village of Tequesta Building regulations do not currently contain
minimum housing standards, and it is the recommendation of the Planning and Zoning
department to adopt minimum housing standards to ensure the health and safety of housing
within the Village; and
WHEREAS, the Village Council of the Village of Tequesta finds the adoption of this
ordinance updating chapter 14 Building and Building Regulations will generally promote the
public health, safety and welfare of the Village.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section 1: Chapter 14 — Buildings and Building Regulations of the Code of Ordinances
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of the Village of Tequesta is hereby amended at Article I. — In General; Section 14-1 and shall
hereafter read as follows:
Sec. 14-1. Limitations on days and hours of work on buildings.
(a) No person shall conduct the erection (including excavating), demolition, alteration or repair
of any building or structure in the village on Sundays or on the following recognized legal
holidays, unless approval to conduct work on Sundays or on such holidays has been granted in
advance by the village council: New Year's Day, MLK Day, President's Day, Memorial Day,
Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Christmas
Day.
(b) No person shall conduct the erection (including excavating), demolition, alteration or repair
of any building on«TAAIT.davQ i e-111diPna Tr`k , other than between the hours of 7:00 a.m.
and 6:00 p.m. on weekdays and between the hours of 8:00 a.m. and 5:00 p.m. on Saturday
except in case of urgent necessity in the interest of public health and safety, and then only with
a permit from the building official, which permit may be granted for a period not to exceed
three days or less while the emergency continues and which permit may be renewed for
periods of three days or less while the emergency continues. If the building official should
determine that the public health and safety will not be impaired by the erection, demolition,
alteration or repair of any building or the excavation of streets and highways within the hours
of 6:00 p.m. and 7:00 a.m., and if he shall further determine that loss or inconvenience would
result to any in interest, he may grant permission for such work to be done within the
hours of 6:00 p.m. and 7:00 a.m., upon application being made at the time the permit for the
work is awarded or during the progress of the work.
(c) No person shall deliver building supplies or materials during the hours when erection,
demolition, alteration or repair of any building or structure is forbidden by this section.
(d) There shall be no contracted labor or services, excluding janitorial services, performed on
any yard or building or structure in the village on Sunday or legal holidays, and on weekdays,
including Saturdays, other than between the hours of 7:00 a.m. and 6:00 p.m., unless approval
to do so has been granted by the village council.
(e) The conduct described in this section may be carried on in cases of urgent necessity where
health or safety is involved.
Section 2: Chapter 14. —Buildings and Building Regulations is amended at Article IV. —
Reserved, Article IV. —Reserved shall hereafter read as follows:
ARTICLE IV. — GREEN BUILDING INCENTIVES
Sec. 14-91. - Intent
The Village seeks to encourage and incentivize the utilization of green building techniques for
new development and redevelopment. Future Land Use Policy 1.11.3 and Conservation Policy
2.14.2 of the Comprehensive Plan state that"The Village shall encourage the implementation of
low impact development techniques and green building standards that reduce the negative_
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Agenda Item #1.
environmental impacts of development and redevelopment by: promoting energy conservation
through design, landscaping and building techniques (i.e. solar power, increased tree canopies);
promoting water conservation through landscaping and building design; ensuring
environmentally friendly building practices (i.e. use of environmentally friendly building
materials, recycled materials), and considering the development of a Green Building Ordinance
and a related Green Certification programs for development and redevelopment." This division
establishes incentives for green building certification.
Sec. 14-92. - Green Building, Incentive Program
a. Eli i�Y
To qualify for green building incentives, interested participants must submit documentation at
the time of application submittal demonstrating intent to certify under one of the Green Building
_ . r
Certification programs listed in 14-92 (b). Certification must be obtained within 12 months of
Certificate of Occupancy to obtain the full value of the incentive.
b. Recognized Certification Programs and Tiers
The following Green Building Certification programs may be used to obtain incentives:
Leadership in Energy and Environmental Design (LEED), Florida Green Building Coalition
(FGBQ,National Green Building Standard (INGBS), and Energy Star. Green Building
Incentives are granted based on the tier of the certification obtained.
Pro_ream Tier I Tier II Tier III Tier IV
LEED Certified Silver o Gold Platinum
( /o)(2.5%)
FGBC
Bronze Silver Gold Platinum
o 00
(none) 2.5/0 5/0 (75. /o
NGBS
Bronze Silver Gold Emerald
o 0none 2.5/0 5/0 (75%.
En er Certified
n/a n/a n/a
Star (2.5%)
Sec. 14-93. - Incentives
(a) The following incentives shall be available to qualifying projects based on certification
tier:
1. Expedited Review Processing
Tier II and above: Eligible for priority scheduling of development review
committee (DRC.) meetings, plan reviews, and building inspections.
2. Permit Fee Reduction
Building permit fees shall be reduced in accordance with the tier percentages
listed in subsection (c), applied to the total building permit fee amount (excluding
impact fees, surcharges, or third-party review fees).
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3. Recognition and Promotion
Projects receiving Tier III or Tier IV certification shall be recognized on the
Village's website and in a quarterly newsletter and may receive a Green
Development Award from the Village Council.
4. Siege and Registry.
Projects seeking Green Building Certification may display a Village provided
"Certified Green Pro'ect" sign during construction and will be listed in a public
green building registry maintained by the Community Development Department
upon completion of program.
Sec. 14-94. - Green Buildinp,Incentive Management
(a) Projects that do not achieve the final green building certification will not be eligible
for program incentives. Permit fees will remain-in full and not refunded. Any signage or
recognition material, provided to the applicant to identify their participation in the
program, must be returned to the Village within 60 days.
(b) One time extension requests may be granted upon review of the Building Official.
(1) Residential Projects: A single extension of up to six (6) months ma_Tegranted for
residential projects upon written request. The request must demonstrate one or more of
the following:
a. Substantial progress toward certification, or
b. Documented delays caused by the certifying.
If granted the extension period will begin from the original twelve-month deadline
following the issuance of the CO, not from the date the request is made. Extension
requests must be submitted before the original deadline expires.
2. Commercial Projects: A single extension of 0 to nine (9) months mab e granted for
commercial projects upon written request. The request must demonstrate the following
a. Substantial progress toward certification,
b. Documented delays caused by the certifying body.
If,granted the extension period will begin from the original twelve-month deadline following the
issuance of the CO, not from the date the request is made. Extension requests must be submitted
before the original deadline expires.
(c.) Failure to comply with Extensions. If the project does not obtain certification within the
granted extension period or fails to meet the certification requirements by the final deadline, the
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Agenda Item #1.
project will be deemed non-compliant with the Village's Green Building Incentive Program. The
applicant will forfeit any incentives that are a part of the green building program. Any si_nage or
recognition material, provided to the applicant to identify their participation in the program, must
be returned to the Village within 60 days.
Sec. 14-95. Request for Reimbursement
a. Upon obtaining the Green Building Certificate, the applicant will provide the Building
Department with a reimbursement request for the incentive earned. Reimbursements shall
apply only to permit fees paid and shall not exceed the incentive percentage applicable to
the tier obtained. The reimbursement shall not count towards any impact fees, surchar ems,
or third-party review fees.
b. If a project achieves a lower certification tier than initially applied for, the incentives
shall be granted for the tier that was actually achieved.
c. To request reimbursement under the Village of Tequesta Green Building Incentive
Program, the applicant must submit a written request for reimbursement, identifyin .
1) The project address
2) The applicant's name and contact information
3) The certification program and level achieved(e.g., LEED Silver, FGBC
Bronze
4) A copy of the Certificate of Occupancy
5) A copy of the final green building certification
d. Additional documentation may be requested by the Finance Department to process the
reimbursement. After review and approval, the Village of Tequesta shall issue
reimbursement within 60 dam
Sec. 14-96. Administrative Authority
The Building Official, shall have the authority to interpret, clarify, and administer the
provisions of this Green Building Incentive Program. The Building Official may adopt
administrative procedures, forms, and guidelines necessary to implement the program and
may make minor adjustments to program requirements, to respond to changes in industry
standards, certification programs, provided such adjustments remain consistent with the
purpose and intent of this code. However, no incentive percentages or eli icy criteria
may be altered.
Section 3: Chapter 14 — Buildings and Building Regulations of the Code of Ordinances
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Agenda Item #1.
of the Village of Tequesta is hereby amended at Article VIII. — Construction Site Maintenance;
Section 14-181; Section 14-181. — Site Maintenance and appearance generally shall hereafter
read as follows:
Sec. 14-181. Site maintenance and appearance generally.
(a) All building and construction sites within the village shall at all times be kept free of loose
debris, paper, construction material waste, scrap construction material and other trash
produced from the site. All materials and equipment used, placed or stored upon any
building or construction site shall be maintained within the perimeter of the building site.
(b) All building construction sites within the village shall provide suitable on-site commercial
containers, as determined and designated by the village, for the collection of loose debris,
paper, construction material waste, scrap construction material and other trash produced
from the site. The construction container shall be provided with a cover or covering that will
prevent spilling or blowing of material from the container. The size and number of
containers shall be adequate, as determined by the village, for the amount of material
generated on the building or construction site. All such materials shall be containerized by
the end of each day. All such containers shall be located on the subject lot or parcel and
shall not be placed within any adjacent right-of-way.
(c) Nothing in this section shall be deemed to permit the owner, general contractor or any of
their employees, agents or representatives to remove or dispose of debris, paper,
construction material waste, scrap construction material and other trash produced from or on
the site by on-site burning or by the piling or storage of such materials or equipment in the
public streets or on property adjacent to the construction site.
(d) During construction, off-street parking for all personal vehicles and construction equipment
shall be provided and shall be utilized to prevent on-street parking by construction
personnel and equipment. If it is determined necessary to use on-street parking, a parking
plan shall be provided to the village and permits shall be requested for the number of on-
street parking spaces required. Such permits only to be granted upon the showing of good
cause that there is need for the parking and that there is no off-street parking available.
(e) Where concrete or any other substance permanently affixes itself to any road surface, public
or private, causing the surface to be uneven or defaced, it shall be immediately removed by
the person responsible. Where mud or excessive dirt is tracked or deposited, by vehicle or
otherwise, onto any road surface, public or private, it shall be immediately removed by the
person responsible. The person responsible, as identified in this section, shall mean the
driver of the vehicle which deposited the substance onto the road surface, his employer, the
owner of the real property containing the construction or demolition site and/or the general
contractor in charge of a site from where the substance originated.
(f) A temporary construction fence is required on all construction sites undergoing land
disturbing construction or land development activities. The fencing specifications provided
in the Village's Construction Site Policy document shall be followed. All
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Agenda Item #1.
construction/demolition activities, as well as all dumpsters, portable toilets, storage
facilities, materials, and any other item related to construction must be located inside the
temporary construction fence area. A fence may not be required where a property abuts the
Atlantic Ocean, Intracoastal Waterway, or where there is a sufficient barrier such as a fence,
wall, or landscaping where the property abuts an adjacent property. Before the temporary
construction fence may be erected, a site plan depicting the materials, location and access
gates must be approved as part of the fence permit issuance. A temporary construction fence
shall not be erected more than ten days prior to the commencement of land disturbing
construction or land development activity. All temporary fencing shall be removed within
10 days of permit expiration or completion. The Building Official may allow relief from
temporary construction fencing requirements where it can be demonstrated to not harm the
public health, safety, and welfare.
( ) Within fifteen days of removal of temporary construction fences, the site shall be brought_ to
grade, tilled and planted with ground cover to include sodding or seeding which shall have
irrigation and shall be maintained in accordance with this Code. Alternate forms of ground
cover may be approved by the Building Official.
(h) A silt fence is required on all construction sites undergoing land disturbing construction or
land development activities. Installation shall utilize best management practices and shall
prevent sediment, debris, and other materials from leaving the construction site and entering
adjacent properties, public rights-of-way, storm drainage_ systems, or natural water bodies.
The Building Official may allow relief from silt fencing requirements where it can be
demonstrated to not harm the public health, safety, and welfare.
(fi) If at any time the building official notifies the owner or general contractor, personally or
through their agent or representative, in writing, that construction activities are being
conducted, or the construction site or any part thereof is being maintained, in violation of
the provisions of this section, such violations shall be corrected within 24 hours of the
notice. If the owner or general contractor does not satisfactorily correct the situation within
24 hours of such notification, in addition to any other enforcement actions available to the
village pursuant to this code or otherwise provided by law, upon written notice from the
building official given to the owner of the property, or to the general contractor, or to their
agent or representative, or the person doing the work, work on the site shall immediately
cease. Such written notice shall also state the conditions under which work may be resumed.
Upon being notified of the elimination of the violation of the provisions of this section, the
building official shall inspect the site for compliance and allow resumption of work.
(g�) The owner of the property and the general contractor shall be jointly and severally
responsible for compliance with the provisions of this section.
(-hk) The owner or general contractor, personally or through their agent or representative, shall
have the right to appeal the decision of the building official ordering the cessation of all
work and to appear before the code enforcement special magistrate at a specified time and
place to show cause why they should not comply with the notice.
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Agenda Item #1.
(il) The enforcement procedures contained in this section are in addition to, and not in lieu of,
any other enforcement procedures or remedies available to the village for the enforcement
of this code.
Section 4: All ordinances or parts of ordinances in conflict be and the same are hereby
repealed.
Section 5: 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 6: Specific authority is hereby granted to codify this Ordinance.
Section 7: This Ordinance shall take effect immediately upon adoption.
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Agenda Item #1.
ORDINANCE NO. 04-26
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 22. — COMMUNITY
DEVELOPMENT; PROVIDING MULTIPLE RECOMMENDED
COMMUNITY DEVELOPMENT CODE UPDATES; AMENDING
CHAPTER 22 AT ARTICLE II. — COMMUNITY APPEARANCE; AT
SECTION 22-53. — POWERS AND DUTIES; ADDING SPECIAL
EXCEPTION REVIEW THE PLANNING AND ZONING BOARDS
RESPONSIBILITIES; AT SECTION 22-55; AUTHORIZING NOTICE TO
BE PUBLISHED ON VILLAGE'S PUBLIC NOTICE BOARD;
PROVIDING THAT EACH AND EVERY OTHER SECTION AND
SUBSECTION OF CHAPTER 22. COMMUNITY DEVELOPMENT
SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY
ADOPTED; PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY
CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the Planning and Zoning Department has undertaken a comprehensive
review of Chapter 22 Community Development; and
WHEREAS, Chapter 22 is in need of numerous quality of life updates including
updating the responsibilities of the Planning and Zoning Board and requiring use of the Village's
public notice board for notice; and
WHEREAS, the Village Council of the Village of Tequesta finds the adoption of this
ordinance updating Chapter 22 Community Development will generally promote the public
health, safety and welfare of the Village.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section 1: Chapter 22 — Community Development of the Code of Ordinances of the
Village of Tequesta is hereby amended at Article II. — Community Appearance; Section 22-53.-
Powers and Duties and shall hereafter read as follows:
Sec. 22-53. Powers and duties.
The planning and zoning board shall have general authority (provided that, in order to
provide for proper budgetary allocations, any request requiring extensive staff or attorney time
must first be approved by the village manager) to:
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(a) Review and make recommendations to the village council regarding applications
for:
(1) Site plan review or site plan modification including aesthetic review in
accordance with regulations of this article as well as the requirements of article
IX, division 2 of the village zoning code, except as provided in section (b)
below.
(2) Signage requested in conjunction with site plan review or site plan
modification in accordance with article XI of the village zoning code.
(3) Site plan modifications affecting items previously granted variances.
(4) Special exceptions, excluding special exceptions that qualify for expedited
review in 78-211 (1) (2) (a.), 78-212 (1) (4.) (a), and 78-213 (f) (2) (a)
(4-5)Any other reviews, related to planning, zoning and development specifically
requested of the planning and zoning board by the village council.
(b) Review and make a final determination regarding applications for:
(1) Site plan modifications that do not exceed $50,000.00 in estimated cost (labor
and materials) and that do not involve a change to the footprint, lot coverage,
density, height, number of stories or square footage of any building.
(2) Aesthetic modifications to exterior building color or finish when not
accompanied by any other site plan modification, except as allowed by section
(b)1. above.
(3) Revisions to previously approved landscape plans when not accompanied by
any other site plan modification.
(4) Certain entry features on property located in the R-lA and R-1 zoning districts
as specified at section 78-284.
(c) Pursuant to chapter 78 zoning, article III appeals and variances, hear and decide
appeals where it is alleged there is error in any order, requirement, decision or
determination made by an administrative official in the enforcement of chapter 78,
zoning; or of any ordinance adopted pursuant thereto, related to single-family
properties and structures located within the R-lA and R-1 single-family dwelling
districts of the village.
(d) Pursuant to chapter 78 zoning, article III appeals and variances, authorize upon
application in specific cases such variance from the terms of chapter 78, zoning, as
will not be contrary to the public interest, where, owing to special conditions, a
literal enforcement of the provisions of that chapter will result in unnecessary
hardship, related to single-family properties and structures located within the R-lA
and R-1 single-family dwelling districts of the village.
(e) Pursuant to F.S. ch. 163, and chapter 62 of the Village of Tequesta Code of
Ordinances, sit as the village's local planning agency.
(f) The planning and zoning board may adopt such rules and procedures as are
necessary to perform its duties.
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Section 2: Chapter 22—Community Development of the Code of Ordinances of the
Village of Tequesta is hereby amended at Article II. —Community Appearance; Section 22-
55.- Procedure. and shall hereafter read as follows:
(a) Advisory authority. Recommendations of the planning and zoning board shall be recorded in
written form for transmittal to the village council. Prior to adoption of a recommendation
with respect to any matter brought before it for consideration, the planning and zoning
board shall consider the following:
(1) The information submitted by the applicant, including all exhibits, studies or other
information presented or used for review of the application.
(2) A written staff report of the department of community development or any other
appropriate governmental agency regarding the ability of the application to meet
the standards and regulations affecting the application; the ability of the proposed
development to meet level of service standards adopted in the Village of Tequesta
Comprehensive Development Plan; the application's impact on the general public's
health, safety and welfare; as well as, any other items that are considered
appropriate by the department of community development.
(3) Comments, if any, from the applicant, staff or the public.
(b) Final authority regarding certain site plan matters. The planning and zoning board shall
have final authority as provided in subsection 22-53(b). An order approving, approving with
conditions, or denying such applications shall be rendered by the chair as soon as practical.
Prior to taking any final action, the planning and zoning board shall consider the following:
(1) The information submitted by the applicant, including all exhibits, studies or other
information presented or used for review of the application.
(2) A written staff report of the department of community development or any other
appropriate governmental agency regarding the ability of the application to meet
the standards and regulations affecting the application; the ability of the proposed
development to meet level of service standards adopted in the Village of Tequesta
Comprehensive Development Plan; the application's impact on the general public's
health, safety and welfare; as well as, any other items that are considered
appropriate by the department of community development.
(3) Comments, if any, from the applicant, staff or the public.
(4) Conditions of approval shall be related to the proposed development and shall be
roughly proportional to the anticipated impacts of the proposed development.
(c) Final authority regarding appeals and variances. The planning and zoning board
shall have final authority as provided in chapter 78 article III. An order approving,
approving with conditions, or denying such appeals or variance applications shall
be rendered by the chair as soon as practical. Prior to taking any final action on a
variance request, the planning and zoning board shall consider the criteria set forth
in chapter 78 article III.
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(d) Notice. Notice of public hearing shall be advertised a minimum of ten days in
advance of all planning and zoning board public hearings in the village's public
notices portal or a newspaper of general circulation in the area.
(e) Time limit for application for building permit. A building permit must be issued
within one year of the date of the planning and zoning board approval for all site
plan related approvals or the approval shall be nullified, unless such time period is
extended for one more year only by the planning and zoning board upon written
request of the applicant, submitted to the village, prior to expiration of the
approval. Any variance granted by the planning and zoning board shall expire
within six months from the date of grant, unless a building permit based upon and
incorporating the variance is issued within the six-month period and construction
has begun thereunder, or unless an extension is granted pursuant to section 78-68.
Section 3: All ordinances or parts of ordinances in conflict be and the same are hereby
repealed.
Section 4: 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 5: Specific authority is hereby granted to codify this Ordinance.
Section 5: This Ordinance shall take effect immediately upon adoption.
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ORDINANCE NO. 05-26
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 22. COMMUNITY
DEVELOPMENT; ARTICLE III. —REASONABLE ACCOMMODATIONS
REQUIRING VILLAGE COUNCIL REVIEW OF REASONABLE
ACCOMODATION REQUESTS, CLARIFYING REQUIREMENTS FOR
RECOVERY RESIDENCES AND REQUIRING COMPLIANCE WITH
MINIMUM HOUSING STANDARDS; PROVIDING THAT EACH AND
EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 22.
COMMUNITY DEVELOPMENT. SHALL REMAIN IN FULL FORCE
AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A
CONFLICTS CLAUSE; A SEVERABILITY CLAUSE, AND AUTHORITY
TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, the Village Council previously adopted a reasonable accommodation
ordinance including requirements for recovery residences required by Florida Statute 397.487;
and
WHEREAS, the Village Council desires to review reasonable accommodation requests
submitted to the Village; and
WHEREAS, the Village has since adopted minimum housing standards that apply to all
housing within the Village.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section 1: Chapter 22 — Community Development of the Code of Ordinances of the
Village of Tequesta is hereby amended at Article III. —Reasonable Accommodations; Article III.
—Reasonable Accommodations shall hereafter read as follows:
ARTICLE III.—REASONABLE ACCOMMODATIONS.
Sec. 22-110. Purpose and intent.
The purpose of this article is to establish procedures for processing requests for
Reasonable Accommodation in housing, including those for Certified Recovery Residences,
from the Village's Land Development Regulations, all other ordinances, and related rules,
policies, practices and procedures, for persons that qualify as disabled and/or handicapped under
Title VIII of the Civil Rights Act of 1968 (FHA), the Fair Housing Amendments Act of 1988
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(FHAA), the Florida Fair Housing Act(§§ 760.20-760.37), Florida Statutes, and Title II of the
Americans with Disabilities Act (42 U.S.C. Section L, 12131, et. seq.) (ADA), as these laws may
be amended from time to time. Any person who is disabled and/or handicapped, or qualifying
entities, may request a reasonable accommodation, pursuant to the procedures set out below.
Sec. 22-111. Definitions.
For the purposes of this article, the following terms, phrases, words, and their derivations
shall have the meaning given herein:
"Certified Recovery Residence" means a recovery residence that holds a valid certificate
of compliance and is actively managed by a certified recovery residence administrator as defined
under section 397.311 Florida Statutes as that state law may be amended from time to time.
Sec. 22-112. Certified recovery residence; operation license required.
In order to operate, a Certified Recovery Residence must first obtain and maintain a
business tax receipt for operation within the Village pursuant to Chapter 70. The requisite
application forms may be obtained by contacting the Community Development Department. A
Certified Recovery Residence must also be in compliance with all Village regulations, including
minimum housing standards and permitted uses in zoning districts. In the event a Certified
Recovery Residence is unable to operate due to restrictions within this Code of Ordinances a
reasonable accommodation may be requested as outlined in section 22-113.
A certified recovery residence must be actively managed by a certified recovery residence
administrator. All applications for certification must include the name of the certified recovery_
residence administrator who will be actively managing the applicant recovery residence. The
Village may conduct a yearly inspection to ensure a Certified Recovery Residence is in
compliance with all state and local regulations. A business tax receipt may be revoked if a
Certified Recovery Residence is found to be non-compliant.
Sec. 22-113. Reasonable accommodation procedures.
A request for reasonable accommodation by persons with disabilities or a qualifying
entity, hereinafter the ("Applicant"), may be submitted to the Village. All requests for reasonable
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accommodation shall be submitted to the �Li1X1JL.age Community Development
Department. Upon receipt of an application for reasonable accommodation the CXP r'Prk
Community Development Department shall date stamp the application with the date received.
The reasonable accommodation request shall at a minimum provide the information outlined in
subsection(a).
(a) Contents of request. An Applicant making a request for reasonable accommodation shall
provide the following information to the Village:
(1) The legal name(s) of all persons for whom a reasonable accommodation is sought, and if
a qualifying entity, the legal name(s) of all persons for whom it has been authorized to
submit an application;
(2)Name and address of the Applicant.
(3)Address and parcel control number of the location at which the reasonable
accommodation is requested, if different from the address of the Applicant.
(4) The type of reasonable accommodation being requested, and an explanation of why it is
necessary in order for persons with disabilities to live at the location. The explanation
should also demonstrate that the proposed use is located a sufficient distance from anX
existing properties that have a reasonable accommodation approval so that the proposed
use neither lessens nor interferes with the normalization and community integration of the
residents and does not, taking into account existing reasonable accommodation uses,
contribute to the creation of intensification of a de facto social service district.
(5) A description of the Village ordinance, rule, policy, practice or procedure, from which the
Applicant seeks a reasonable accommodation.
(6) If the disability is not known or readily apparent to the Village, information and/or
documentation that (1) certifies the person's disability status under the FHA and/or ADA;
(2) describes the needed accommodation; and (3) shows the relationship between the
person's disability and the need for the requested accommodation. The Village is not
seeking information relating to the nature and severity of the person's specific disability.
(7) If the disability is known or readily apparent, but the need for the reasonable
accommodation is not known or readily apparent to the Village, an explanation of the
relationship between the person's disability and the need for the requested reasonable
accommodation.
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(8) In the case of Certified Recovery Residences, a copy of a Certified Recovery Residences
Certificate of Compliance issued by a credentialing entity pursuant to Sec. 397.311,
Florida Statutes as that law may be amended from time to time.
(9) An interior floor plan demonstrating that the proposed use is compliant with the Village's
Minimum Housing Standards.
(b) Applicant's Representative(s): An Applicant may be represented at all stages of the
reasonable accommodation process by a person designated by the Applicant as their
authorized agent e.g. family member, attorney, or other representative. If an authorized agent,
attorney, or other representative is representing a person, or, if applicable, a qualifying entity,
a written authorization designating such authorized agent, attorney or representative shall be
submitted to the Village, or an in-person meeting between the Village and the applicant shall
occur to confirm the Applicant's authorized agent, attorney or representative. The Village is
unable to accept authorizations outside of those made in writing or in-person as such forms
of communication (e.g. phone call) do not provide the Village sufficient means to verify the
identity of the Applicant. Authorization forms shall be made available by request via the
Vie Community Development Department.
(c) Village Assistance: The Village shall provide assistance as required by the FHA, the ADA,
or other applicable law in connection with a person with disability's request for a reasonable
accommodation to ensure the process is accessible.
(d) No Fee. No fee shall be imposed by the Village in connection with a request for reasonable
accommodation under this policy, or for an appeal of a decision by the Village designee to
the Special Magistrate. The Village shall have no liability for or legal obligation to pay an
Applicant's attorney's fees or costs in connection with the request for reasonable
accommodation, or any appeal at any appellate level.
(e) Interactive Process: When a request for a reasonable accommodation is made, the Village
may engage in an interactive process with the Applicant to devise alternative
accommodations that provide the Applicant an opportunity to use and enjoy a dwelling. The
commencement of an interactive process does not toll the deadlines for issuance of a
reasonable accommodation order in% cf% otealtr X, tiHE_):nLL,by the Village Council , or
for an appeal hearing before the Special Magistrate as outlined below, unless the Applicant
agrees in writing to extend the deadlines.
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Agenda Item #1.
(f) Confidential Information. Upon submittal of any medical information or records, including
but not limited to condition, diagnosis, or history related to persons with disabilities, an
Applicant may request that the Village, to the extent allowed by law, treat the information or
records as confidential. In such case, the Village shall endeavor to keep the Applicant's
medical information confidential to the extent permitted by federal and state laws, including
but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA)
and Chapter 119, Florida Statutes (the Florida Public Records Law). The Village shall have
no obligation to defend against any action seeking to compel the production of public
records, or to incur any legal or other expenses in connection therewith, and shall produce the
records to the extent the Village determines the records are not exempt from the Public
Records Act, or to comply with any judicial or administrative order without prior notice to
the Applicant. The Village, however, shall endeavor to provide notice to the persons with
disabilities, or their representative, of any request received by the Village for disclosure of
the medical information or documentation which the applicant has previously requested be
treated as confidential by the Village.
(g) Review by Village Council . All applications for reasonable accommodations shall
be submitted to the Villqap 'P-r'T'LY
Q n� - Community Development Department. As soon
as practicable after receipt, the Community Development Department shall
forward all requests to relevant Village departments desiclneae for review. The Vflhage
Community Development Director, or his/her designee, shall make a
recommendation to the Village Council on requests for reasonable accommodation. The
Community Development Director, or his/her designee, shall issue a written recommendation
to the Village Council within forty-five ('45) calendar days of receipt of a completed
application. The request for reasonable accommodation shall be brought to the Village
Council for a vote within 60 days of a complete and sufficient application. its u g 1 riL
�*�
10 X%w%./%-,-JL V%W%,L0 rAnAi rAd 1/ T �LJL-JL%W V�, r X Ary L n��; If needed to reach a determination on the request
for reasonable accommodation, the Community Development Director, or his/her designee,
�a.e �ar'ee, may, within the first (30) days of receipt of the application, issue a written
request for additional information to the Applicant, specifying in sufficient detail what
information is required. The Applicant shall then have thirty (30) days after the date of the
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Agenda Item #1.
written request for additional information to provide said information. In the event a written
request for additional information is made, the forty-five (4560) day period to issue a
written recommendation inkofti n% Off shall no longer be applicable, and the
Community Development Director, or his/her designee, r ign shall issue a
written recommendation i ^f within forty-five (4560) days after
receipt of the additional information. If the Applicant fails to provide the requested
additional information and/or fails to request an extension of time to provide said information
within thirty (30) days after the date of the request for additional information, then the
request for reasonable accommodation shall be deemed withdrawn and no further action by
the Village shall be required. If a final vote by the Village Council «ter%%� � is
not taken within 60 days after receipt of a completed application, the request is
deemed approved unless the parties agree in writing to a reasonable extension of time. The
applicant may renew their request for reasonable accommodation at any time. The applicant
may request additional time to respond either in writingot: Nze to the Community
Development Department n� The Village shall not unreasonably
withhold consent to an applicant's request for additional time to respond.
(h) Findings for Reasonable Accommodation. In determining whether the reasonable
accommodation request shall be granted or denied, the Applicant shall be required to
establish that:
(1) They are protected under the FHA or ADA, as defined in the FHA or ADA. Although the
definition of disability and/or handicap is subject to judicial interpretation, for purposes
of this policy, a person with a disability is defined as having:
a. a physical or mental impairment which substantially limits one or more
major life activities;
b. a record of having such impairment; or
c. that they are regarded as having such impairment.
(2) The proposed reasonable accommodation being sought is reasonable and necessary to
afford the person with the disability equal opportunity to use and enjoy housing. An
accommodation is not reasonable if it imposes undue financial and administrative
burdens on the Village; or requires a fundamental alteration to the Village's zoning
scheme.
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Agenda Item #1.
The foregoing, as interpreted by the Courts, shall be the basis for a decision upon a
reasonable accommodation request made by the Village Council
(1) Notice of Determination. The Village Council shall vote on a reasonable
accommodation request ' in accordance
with Section (h) above, which shall:
(1) Grant the accommodation request in full with no conditions; or
(2).Impose conditions upon the portion of the request that was granted; or
(3) Deny the request, stating with specificity the objective, evidence-based reasons for
denial and identifying any deficiencies or actions necessary for reconsideration.
All ��r� rie reasonable accommodation orders shall give notice of the right to
appeal. The inHE-4 iE3f reasonable accommodation order shall be sent to the
Applicant (i.e. the person with a disability or his/her authorized agent, attorney or representative)
by certified mail, return receipt requested. The n0,4;0,A of reasonable
accommodation order shall be sent to the Applicant at the address listed by the Applicant on the
application form, or as otherwise provided to the Village in writing.
0) Appeal.
(1) Appeal from notice of determination by �]nae nesi,.....e.Village Council: Within forty-
five (45) days after the Village Council has rendered a decision on a reasonable
accommodation, the Applicant may appeal the decision. This timeframe shall be based
upon the date that the letter is mailed to the requesting party. All appeals shall contain a
statement containing sufficient detail of the grounds for the appeal. Appeals shall be
made to the Village Clerk's Office. The appeal shall be heard by the Special Magistrate
for Code Enforcement matters as set forth in the Village Code. The Special Magistrate
shall conduct a quasi-judicial public hearing on the appeal as soon as reasonably
practicable, but in no event later than sixty (60) days after an appeal has been filed unless
the applicant agrees in writing to an extension of the hearing date. The Special Magistrate
shall not be required to render a decision on the request at the public hearing, but shall
render a determination no later than thirty (30) days after the conclusion of the public
hearing. Such public hearing shall be de novo.
Once a public hearing date has been coordinated with the Applicant and set, the Village
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Agenda Item #1.
shall, at least ten (10) days prior to the hearing, post a notice of hearing on the Village's
public notice bulletin board and on its website, and shall maintain copies available for
review in the Village Clerk's office. The notice shall contain a brief description of the
request for reasonable accommodation, the property to which the request is applicable,
and the time and place of the Special Magistrate hearing on the request. The notice shall
not contain any information relating to the Applicant's specific disability or other medical
information.
The Special Magistrate's decision on the appeal shall be in writing and be based on the
criteria listed in Section (h) above. The Special Magistrate's decision may (1) Grant the
reasonable accommodation request in full, with no conditions; (2) Impose conditions
upon the portion of the request that was granted; or (3) Deny the request, stating with
specificity the objective, evidence-based reasons for denial and identifying any
deficiencies or actions necessary for reconsideration. Any denial shall state the grounds
for the denial. The Special Magistrate's decision shall give notice of the right to appeal.
The written decision of the Special Magistrate shall be sent to the Applicant by certified
mail, return receipt requested. The written decision shall be sent to the Applicant at the
address listed by the applicant on the application form, or as otherwise provided to the
Village in writing.
(2) Appeal from Special Magistrate's Decision: A Special Magistrate's decision may be
appealed by the Village or the Applicant within thirty (30) days after the date on which
the written decision is rendered. Such appeal shall be made to the 15th Judicial Circuit
Court in and for Palm Beach County, Florida, in accordance with the rules of procedure
governing appeals of quasi-judicial decisions.
(k) Stay of Enforcement. While an application for reasonable accommodation, or appeal of a
determination of same, is pending before the Village, the Village will not enforce the
subject land development regulation, other ordinance, or related rules, policies, practices
or procedures, against the applicant, except that the Village may seek relief through its
code enforcement process or an injunctive action if there is an imminent threat to the
health, safety and welfare of the public.
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Agenda Item #1.
Sec. 22-114. Revocation of Reasonable Accommodation.
A reasonable accommodation to operate within the Village of Tequesta may immediately be
revoked via written notice in the event of any of the following:
(a) Violation of a condition of approval of a reasonable accommodation approval.
(b) Lapse, revocation, or failure to obtain and maintain any certification or licensure required
under this ordinance if not reinstated within 180 days of expiration.
In either instance the Community Development Director V;"^Re Q;TrP P shall issue written
notice of the revocation to the applicant via certified mail return receipt requested at the address
listed by the Applicant on the application form, or as otherwise provided to the Village in
writing. Applicant shall have the right to appeal the revocation decision of the Village Designee
to the Village's Special Magistrate following the same appeal procedure outlined in section 22-
1130).
Section 3: All ordinances or parts of ordinances in conflict be and the same are hereby
repealed.
Section 4: 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 5: Specific authority is hereby granted to codify this Ordinance.
Section 5: This Ordinance shall take effect immediately upon adoption.
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Agenda Item #1.
Sec. 62-37. - Notice.
Notice of public hearing shall be advertised a minimum of ten days in advance of all local
planning agency public hearings in the village's public notices portal or a newspaper of
general circulation in the area.
(Ord. No. 18-13, § 11 8-8-2013)
Sec. 76-2. Definitions.
The following words, terms and phrases, when used in this chapter, 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.
Boatlift means a mechanical or structural device, including but not limited to elevator lifts,
cradle lifts, davits, or floating lifts, designed to raise, lower, or store a vessel above the water
surface when not in use. A boatlift shall be considered a mooring device under this chapter and
is subiect to the same location and protrusion requirements applicable to docks, piers, and
mooring structures. Boatlifts shall be used solely for the storage or maintenance of vessels
associated with the upland property and shall comply with all applicable local, state, and
federal regulations. Roofed, covered, or enclosed boatlifts are prohibited unless expressly
Permitted by this Code.
Canal width with respect to any dock or pier to which the measure applies, means the
straight line distance between the edge of the adjacent property on one side of the canal,
measured to the nearest point of the edge of the adjacent property on the opposite side of the
canal, as set forth on the applicable recorded plats.
Dock means a fixed or floating structure, including moorings, on or over submerged lands,
used for the purpose of berthing buoyant vessels or for fishing, swimming, or viewing the
waterway.
Dolphin means a cluster of closely driven piles used as a fender for a dock or as a mooring
or guide for watercraft, but not used as a channel marker or dock piling.
Mean high water means the average height of the high waters over a 19-year period, or,
for shorter periods of observation, the average height of the high waters after corrections are
applied to eliminate known variations and to produce the result of the equivalent of a mean 19-
year value. Alternatively, mean high water may mean the average height of the high waters as
established and accepted by the U.S. Army Corps of Engineers.
Mean high-water line means the intersection of the tidal plane of mean high water with
the shore or canal edge.
Mean low water means the average height of the low waters over a 19-year period, or, for
shorter periods of observation, the average height of the low waters after corrections are
applied to eliminate known variations and to produce the result of the equivalent of a mean 19-
Page 30 of 120
Agenda Item #1.
year value. Alternatively, mean low water may mean the average height of the low waters as
established and accepted by the U.S. Army Corps of Engineers.
Mean low-water line means the intersection of the tidal plane of mean low water with the
shore or canal edge.
Mooring piling means a post, pillar, piling or stake used for the purpose of berthing
buoyant vessels either temporarily or indefinitely, for a finite period, whether or not used in
conjunction with a dock.
Pier shall have the same meaning as "dock".
Protrusion means the encroachment of any part of any dock, pier, piling, boat lifting
device, moored watercraft (including the watercraft's outboard motors or inboard propellers or
lower unit transmissions and propellers, its navigational lights, its ladders, and any other
appurtenances attached to the watercraft) or any combination of these, into a prohibited area.
Setback shall have the same meaning as set forth in chapter 78, zoning.
Waterway width, with respect to any dock or pier to which the measure applies, means
the straight line distance from the point at which the centerline of the dock or pier intersects
the mean high-water line, measured to the nearest point on the mean low-water line of the
opposite shore of the waterway.
(Ord. No. 7-12, § 11 6-14-2012)
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.
Accessory Dwelling Unit means an ancillary or secondary living unit, that has a separate
kitchen, bathroom, and sleeping area, existing either within the same structure, or on the same
lot, as the primary dwelling unit. Accessory dwelling units are not allowed in Tequesta in any
zoning district.
Page 31 of 120
Agenda Item #1.
Family means one or more persons related or unrelated by blood, marriage, adoption or
guardianship, occupying a dwelling unit and living as a single housekeeping unit in a dwelling.
No more than three unrelated persons shall occupy a single-family home, excluding minor
children under the age of eighteen.
Retail food establishment means any fixed or mobile place or facility at or in which food or
beverage is offered or prepared for retail sale or for service. The definition includes restaurants,
fast food restaurants, carryout restaurants and drive-in restaurants. A cafeteria shall be
deemed a restaurant for purposes of this chapter.
(1) Restaurant means an establishment whose primary business is the sale of food and
beverages to patrons for consumption on the premises and whose design and method
of operation includes any of the following:
a. Patrons place their order at their table from an individual hand-held menu,
which displays or describes the food and beverages available to them.
b. Preparation, service and consumption of food and beverages takes place within a
completely enclosed building or adjacent outside table dining areas.
C. Outside table dining is permitted in areas permanently designated for such use,
and shall be in keeping with the exterior architectural theme of the building and
landscape theme of the premises, and in no way shall permit the consumption of
food or beverages within automobiles. Outside table dining areas shall comply
with all applicable fire and accessibility codes. Outside table dining seats shall be
included in parking and lot coverage calculations. For restaurants that are part of
a shopping center (excluding independent outparcels), outdoor seating located
on or adjacent to any walkway shall not exceed 20 percent of the restaurant's
permitted seating capacity; and outdoor seating located in a common area shall
not exceed 30 percent of the restaurant's permitted seating capacity.
d. Food and beverages are regularly served to patrons while seated at their table by
an employee of the establishment.
(2) Fast food restaurant means any establishment whose principal business is sale of
foods, frozen desserts, or beverages to the customer in a ready-to-consume state for
consumption either within the restaurant building or adjacent outdoor table dining
area, or for carryout with consumption off the premises, and whose design or
principal method of operation includes any of the following characteristics:
a. Food and beverages are ordered from a limited menu posted in sign form within
the primary food service building or on the premises.
b. Foods, frozen desserts, or beverages are usually served in edible containers or in
paper, plastic, or other disposable containers.
Page 32 of 120
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c. The consumption of foods, frozen desserts, or beverages within a motor vehicle
parked upon the premises is posted as being prohibited and such prohibition is
strictly enforced by the restaurateur.
d. The kitchen is in excess of 50 percent of the total floor area.
e. A drive-thru or walk-up lane is provided.
(3) Drive-in restaurant means any establishment where provision is made on the
premises for the sale of foods, frozen desserts or beverages to the consumer in
automobiles or primarily within a completely enclosed building accommodating at
least 90 percent of the establishment's permitted seating capacity and whose design,
method of operation or any portion of whose business includes any of the following
characteristics:
a. Food and beverages are ordered from a limited menu posted in sign form within
the primary food service building or on the premises.
b. Foods, frozen desserts, or beverages may be served directly to the customer in a
motor vehicle either by a carhop or by other means which eliminate the need for
the customer to exit the motor vehicle.
c. The consumption of foods, frozen desserts, or beverages within a motor vehicle
parked upon the premises, or at other facilities on the premises outside the
restaurant building, is permitted.
d. The kitchen is in excess of 50 percent of the total floor area.
A restaurant which provides drive-in facilities of any kind in connection with regular
restaurant activities shall be deemed a drive-in restaurant for purposes of this
chapter.
(4) Carryout restaurant means any establishment whose principal business is the sale of
foods, frozen desserts, or beverages to the customer in a ready-to-consume state,
and whose design or method of operation includes any of the following
characteristics:
a. Food and beverages are ordered from a limited menu posted in sign form within
the primary food service building or on the premises.
b. Foods, frozen desserts, or beverages are usually served in edible containers or in
paper, plastic, or other disposable containers.
c. The consumption of foods, frozen desserts, or beverages within a motor vehicle
parked upon the premises, or at other facilities on the premises outside the
restaurant building, is posted as being prohibited and such prohibition is strictly
enforced by the restaurateur.
d. The kitchen is in excess of 50 percent of the total floor area.
Page 33 of 120
Agenda Item #1.
(5) Restaurant, specialty means an establishment that sells a limited variety of food and
beverages that generally are prepared to order and consumed on-premises, and are
typified by ice cream shops, health food shops, coffee shops, doughnut and bakery
shops, delicatessens, and similar types of establishments.
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, Planned Residential
Districts (PRD"s) 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.
Sec. 78-65. Powers and duties of planning and zoning board and village council; public notice.
(a) The planning and zoning board and the village council shall have the following powers in
regard to appeals and variances within their jurisdiction as defined under section 78-61.
(1) Hear and decide appeals where it is alleged there is error in any order, requirement,
decision or determination made by an administrative official in the enforcement of
this chapter or of any ordinance adopted pursuant thereto.
(2) Authorize upon application in specific cases such variance from the terms of this
chapter as will not be contrary to the public interest, where, owing to special
conditions, a literal enforcement of the provisions of this chapter will result in
unnecessary hardship. The power to grant any such variance shall be limited by and
contingent upon a finding by the planning and zoning board or village council that:
a. Special conditions and circumstances exist which are peculiar to the land, structure,
or building involved and which are not applicable to other lands, structures or
buildings in the same zoning district.
b. The special conditions and circumstances do not result from the actions of the
applicant.
c. Granting the variance requested will not confer on the applicant any special privilege
that is denied by this chapter to other lands, buildings or structures in the same
zoning district.
d. Literal interpretation of the provisions of this chapter would deprive the applicant of
rights commonly enjoyed by other properties in the same zoning district under the
terms of this chapter and would work unnecessary and undue hardship on the
applicant.
Page 34 of 120
Agenda Item #1.
e. The variance granted is the minimum variance that will make possible the
reasonable use of the land, building or structure.
f. The grant of the variance will be in harmony with the general intent and purpose of
this chapter and such variance will not be injurious to the area involved or otherwise
detrimental to the public welfare.
(b) In granting any variance, the planning and zoning board or village council may prescribe
appropriate conditions and safeguards in conformity with this chapter and any other
ordinance enacted by the village council. Violation of such conditions and safeguards,
when made a part of the terms under which the variance is granted, shall be deemed a
violation of this chapter. Conditions and safeguards shall be related to the proposed
development and shall be roughly proportional to the anticipated impacts of the proposed
development.
(c) In reviewing matters brought before it pursuant to the provisions of this article, neither
the planning and zoning board nor the village council shall exercise authority or jurisdiction
over matters which are specifically reserved to other officers, boards or agencies of the
village. Where site plan review is necessitated pursuant to the provisions of this chapter,
no decision of the planning and zoning board or the village council with respect to a
variance, or other matter, pertaining to the property in questions shall obviate the
necessity for such site plan review. Where a requested building permit has been withheld
by the building official for want of compliance with applicable laws and ordinances beyond
the jurisdiction of the planning and zoning board or the village council, no building permit
shall be issued regardless of any decision of the planning and zoning board or village
council until the requirements of such laws and ordinances have been met.
(d) Under no circumstances shall the planning and zoning board or the village council grant a
variance to permit a use not generally or by special exception permitted in the zoning
district involved or any use expressly or by implication prohibited by the terms of this
chapter in the zoning district. No nonconforming use of neighboring lands, structures, or
buildings in the same zoning district and no permitted use of lands, structures or buildings
in other zoning districts shall be considered grounds for the authorization of a variance.
(e) Notice of public hearing of the planning and zoning board shall be advertised a minimum
often days in advance of the public hearing in the village's public notices portal or a
newspaper of general circulation in the area.
(Ord. No. 32-13, § 2, 10-10-2013; Ord. No. 9-15, § 2, 6-11-2015)
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
Tequesta Drive Overlay, the U.S. Highway 1 Overlay, and the Village Center Overlay:
Page 35 of 120
Agenda Item #1.
(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.
(6) Restaurants, excluding fast food restaurants, drive-in restaurants and carryout
restaurants.
(7) Restaurant, specialty.
(8) Nurseries.
(9) Florists.
(10) Printing establishments.
(11) Carwash.
(12) Bakery.
(L3-14) Dry cleaning and laundry establishments, including laundromats.
(L415) Wholesale establishments.
(L516) General service and repair establishments.
(L617) Wireless telecommunication towers and antennas located on village owned
property, pursuant to article IX, division 5.
(L7 19) Motor vehicle dealers, subject to the following conditions:
a. Size shall be regulated with a minimum of two acres and a maximum of five
acres. Motor vehicle dealer establishments shall be prohibited from locating
within 11000 lineal feet of an existing or previously approved motor vehicle
dealer establishment within the jurisdictional boundaries of the village.
b. Hours and days of operation shall be restricted as follows:
1. 24-hour operation is prohibited.
2. Specific closing no later than 9:00 p.m.
3. Must remain closed on Sundays.
4. No opening for business before 7:00 a.m.
c. The use of banners, streamers, balloons or any similar device shall be prohibited.
The use of flags and flagpoles shall be pursuant to article XI of this chapter.
Page 36 of 120
Agenda Item #1.
d. All customer servicing, including washing, waxing and cleaning, and repair of
motor vehicles, shall be conducted within completely enclosed buildings.
e. All parts, supplies and materials shall be located or stored within completely
enclosed buildings. Except for the parking of the motor vehicles to be sold,
rented, or serviced, there shall be no outside storage of any kind.
f. The sale or rental of used motor vehicles shall only be an accessory to the
principal use of the building, land area or premises. The sale or rental of used
motor vehicles as the principal primary purpose or function for which any
building, land area or premises is utilized shall be prohibited. The motor vehicle
dealer must be in possession of a state department of motor vehicles franchised
dealer license prior to the opening of the facility. The certificate of occupancy for
the motor vehicle dealer establishment shall be conditioned by the requirement
that the motor vehicle dealer establishment ownership be in possession of a
state department of motor vehicles franchised motor vehicle dealer license for
the site of the motor vehicle dealer establishment prior to opening for business.
g. The site plan for proposed motor vehicle dealer establishments shall include, but
not be limited to, the following:
1. Delineation of the customer parking area and the configuration of the
parking spaces for the customer parking area.
2. Delineation of an employee parking area and the configuration of the
parking spaces for the employee parking area.
3. Delineation of the required enclosed new vehicle showroom building.
4. Delineation of an acceptable outdoor vehicle display area and the
configuration of the parking spaces for the display area.
5. Delineation of any proposed vehicle storage area.
h. No more than 50 percent of the required designated outdoor vehicle display area
may be utilized for the display of used motor vehicles.
i. Motor vehicle dealers shall be required to provide a new vehicle showroom
building of no less than 3,000 gross square feet in area.
J•
All "tent" sales, as well as all "telethon," "marathon," "24 hours," etc., sales
efforts or campaigns of any type, shall be prohibited.
k. The use of spotlights, skylights, searchlights, or other similar high intensity
illumination lighting shall be prohibited.
I. All artificial lighting used to illuminate the premises shall be directed away from
adjacent or abutting properties, streets, alleys, or roadways, illuminating only the
subject site.
m. All radio, television, or other similar media broadcast from anywhere on the
premises shall be prohibited.
Page 37 of 120
Agenda Item #1.
n. Any use of animated or mechanical animal, clown, etc., devices, also, anyone
carrying sales signs, advertising, or placards of any kind, from anywhere on or
adjacent to the premises shall be prohibited.
o. All writing, lettering, pricing, advertising, or signage of any type being placed
directly upon or within any motor vehicle or part thereof(i.e., windshield,
window, roof, hood, trunk, side panels, etc.) shall be prohibited. However,
nothing in this subsection shall be construed to prohibit provision of required
vehicular information stickers or labels as may be required by federal, state or
other law.
p. Motor vehicle dealers shall be subject to the requirements of article IX, division 2
of this chapter and all other applicable sections of this chapter.
q. All vehicle storage areas shall be fenced or walled off. Designated vehicle storage
areas shall be contained within the rear yard of the subject property.
r. All applicable sign regulations of the village as provided in article IX of this
chapter shall be applied and met.
s. The use shall strictly conform with the village landscape regulations, article IX,
division 4 of this chapter. Additionally, 15 percent minimum of the entire site
shall be devoted to living landscaping.
t. The entire site shall be hedged, landscaped, buffered and irrigated in accordance
with village landscape regulations, article IX, division 4 of this chapter.
Additionally, a 15-foot buffered landscaped area separating the front yard of the
property from abutting right-of-way shall be required.
u. The use of raised or open hoods, trunks and doors for advertisement or attention
seeking purposes shall be prohibited. Utilization of unusual parking alignments
such as "back end first" configurations for advertisement or attention seeking
purposes shall also be prohibited.
v. Stormwater runoff must be retained on-site in accordance with South Florida
Water Management District guidelines. All motor vehicle sales establishments
must provide on-site waste retention facilities for chemical and petroleum
products.
w. No outdoor public address or paging system of any kind shall be permitted at any
motor vehicle sales establishment.
x. All vehicles for sale, rental or display, not located within an enclosed structure,
must be parked at grade.
(L819) 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.
Page 38 of 120
Agenda Item #1.
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.
(L92-A) Veterinary office.
(2024) Medical marijuana treatment centers, subject to the following requirements:
a) Survey. Medical marijuana treatment center applicants and those entities or
persons seeking a zoning confirmation letter for medical marijuana treatment
centers shall be required to provide a survey sealed by aFlorida-registered land
surveyor who is licensed by the State of Florida. The survey shall indicate the
distance between the proposed medical marijuana treatment center and any
real property that comprises a public or private elementary school, middle
school, or secondary school.
b) Location requirements. No medical marijuana treatment center cultivating or
processing facility shall be located closer than five hundred (500) feet from the
real property that comprises a public or private elementary school, middle
school, or secondary school. All distances shall be measured from property line
to property line in a straight path without regard to intervening structures or
objects. Location requirements may not be varied.
c) License or permit fees. Medical marijuana treatment centers shall be charged all
license or permit fees in an amount equal to the license or permit fees charged
to pharmacies pursuant to F.S. § 381.986. Any person or entity applying for or
renewing a business tax receipt for a medical marijuana treatment center within
the village shall exhibit an active state license, or proof of same, before such
business tax receipt may be issued.
d) Compliance with State Codes. Medical marijuana treatment centers must comply
with the Florida Building Code, the Florida Fire Prevention Code, or any local
amendments thereto.
e) Statutory compliance. Medical marijuana treatment centers shall establish
compliance with all applicable provisions of F.S. § 381.986, as that section may
be amended from time to time.
(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 Tequesta Drive Overlay, the U.S. Highway 1 Overlay, and the Village
Center Overlay:
(1) Public utility buildings such as water pumping plants, water treatment plants, sewage
plant lift stations and electric substations; police and fire stations and any other use
normally appurtenant thereto; libraries and governmental uses.
Page 39 of 120
Agenda Item #1.
(2) Places of assembly (1,515 square feet or more), subject to the following conditions:
a. All presentations and events shall be conducted entirely within a building.
b. Allowed accessory uses are: preschool and school facilities; assembly halls,
sanctuaries or similar meeting rooms; community centers or fellowship halls;
administrative offices related to the facility; gift shops for merchandise related to
the facility; playgrounds and athletic fields.
(3) Theaters.
a. All presentations, shows and events shall be conducted entirely within a building.
b. No presentations, shows or events shall be started after 11:00 p.m.
(4) Full-service fuel station or gasoline service station, provided:
a. There shall be a main building setback from all right-of-way lines of 40 feet.
b. Main and accessory buildings shall be located a minimum of50 feet from any
residential district.
c. A minimum six inches in height raised curb shall be required at all right-of-way
lines, except at approved access driveway openings.
d. Curb openings and access driveway widths and locations shall meet the
requirements of article X of this chapter, except as provided for in subsection
(d)(4)e of this section. Curb openings shall be limited to two per street frontage.
e. Where two curb openings are providing access to a single street, they shall be
separated by an approved landscape island, ten feet in width and 25 feet in
length at the right-of-way line. Curb cuts for access driveways shall be located a
minimum of ten feet from any adjoining property line.
f. To ensure that sufficient room be provided on either side of the fuel pumps
without intruding upon sidewalks or upon adjoining property, fuel pumps shall
be located a minimum of 50 feet from any adjoining property and a minimum of
25 feet from any street property line.
g. All tanks, vents, pump islands and pump island or main and accessory building
canopies shall provide a minimum setback of 25 feet from any adjoining property
or right-of-way.
h. Off-street loading spaces for the delivery of materials, merchandise, fuel or any
similar product shall be located in such a manner that they are completely
separate from required customer parking spaces and access drives and aisles
thereto.
i. The selling, renting or leasing of new and/or used motor vehicles, trailers or
recreational vehicles is prohibited.
j. All oil drainage pits, hydraulic lifts and mechanical repair work shall be located
and conducted within an enclosed building or structure.
Page 40 of 120
Agenda Item #1.
k. No body damaged vehicle or vehicle components of any kind or condition shall
be exposed to view from a public road right-of-way.
I. All full-service fuel stations and gasoline service stations shall be equipped with
an emergency backup generator system of sufficient size and power to operate
the fuel pumping systems for a minimum of seven days.
(5) Convenience store, provided:
a. The proposed convenience store shall be subject to all special requirements for
fuel dispensing businesses (full service fuel stations and gasoline service stations)
if the proposed store is to include such use.
b. The proposed site shall meet or exceed the landscaping requirements found in
article IX, division 4 of this chapter.
c. The proposed store shall be free of all obstructions of view from the adjacent
street to the main store windows giving a clear and unobstructed view of the
cashier's station, including obstructions of landscaping and fuel service islands.
d. The proposed store shall incorporate into its construction and operation fire
protection devices as required by the village fire-rescue department.
e. The proposed store shall have adequate on-site lighting that illuminates all
parking, loading and fuel service islands.
f. No convenience store shall be located within 1,500 feet of any other
convenience store. For the purposes of this subsection, all measurements of
distances shall be along a straight airline route from the nearest point on any
property line to the nearest point on any property line of any property used as a
convenience store.
g. The proposed convenience store shall have appropriate security systems to
include, but not be limited to, the following:
1. Convenience store uses shall be equipped with cameras with video retrieval
capabilities.
i. This requirement shall be exempted if the convenience store employs two or
more employees at the same time between the hours of 11:00 p.m. and 7:00
a.m.
ii. This requirement shall also be exempted if the convenience store closes on a
permanent basis by 11:00 p.m. or does not sell alcoholic beverages for
consumption off-premises.
2. The convenience store may be equipped with a silent alarm connected to
the police department.
h. The proposed convenience store shall not have as a part of its operation coin-
operated amusement devices.
Page 41 of 120
Agenda Item #1.
i. All convenience stores that include fuel dispensing services shall be equipped
with an emergency backup generator system of sufficient size and power to
operate the fuel pumping systems for a minimum of seven days.
(6) Wireless telecommunication towers and antennas located on property that is not
village owned, pursuant to article IX, division 5.
(7) Indoor amusements (bowling, pool, billiards, video game arcade and similar
amusements).
(8) Drive-in/fast food/carryout restaurants.
a. Each drive-in stacking lane must be clearly defined and designed so as not to
conflict or interfere with other vehicle or pedestrian traffic utilizing the site.
b. A bypass lane shall be provided if a one-way traffic flow pattern is utilized in the
parking lot.
(9) Automotive repair establishments (major or minor).
(10) Shopping centers.
(11) Adult entertainment, pursuant to article XIII of this chapter.
(12) Private museum. Private museums shall, in addition to complying with all special
exception criteria set forth at Village Code section 78-363, and all findings required
pursuant to Village Code section 78-364, be located a minimum of 500 feet from any
other private museum. Distance is to be measured from property line to property line
in a straight path without regard to intervening structures or objects. Location
requirements may not be varied.
(e) Prohibited uses and structures. The following uses and structures are prohibited in the C-3
district, except as regulated by the Tequesta 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.
(Ord. No. 14-14, § 1, 10-9-2014; Ord. No. 16-17, § 2, 11-9-2017; Ord. No. 03-21, § 4, 3-11-2021;
Ord. No. 05-24, § 2, 8-8-2024; Ord. No. 01-24, § 3, 10-16-2024)
Section 78-229.-PRD Waivers
(1) Waivers. As a basis for the preparation of an application for special exception
approval, conceptual plan approval, site plan approval, or any future modifications
thereto, which may occur subsequent to the initial review and PRD approval, the
development of the PRD shall be guided by the regulations contained in this section,
together with the requirements of sections 78-221 through 78-228. However, as part
of the site plan review and approval process, the village council may waive regulations
for the PRD set forth in this article, except for building height requirements, density
Page 42 of 120
Agenda Item #1.
requirements, requirements associated with concurrency management, and
requirements for the preservation of environmentally sensitive lands provided that
the spirit and intent of this chapter are complied with in the total development of the
PRD, and community benefits such as architectural design, pedestrian amenities,
preservation of environmentally sensitive lands, provision of public parks and open
space, or mixed uses result in reduced impacts on village services are demonstrated.
For purposes hereof, a waiver is defined as a reduction in a development standard or
other land development requirement normally required by this article.
(2) Waiver procedure. The grant of a waiver from the requirements applicable to a PRD,
shall be made by the village council, following an advisory recommendation by the
village planning and zoning board. All requests for waivers must be submitted in
writing and accompany a development order application for the PRD. A request for
the village council to approve a waiver from one or more of the standards and
requirements applicable to a PRD, shall comply with a majority of the criteria listed
below:
a. The request is consistent with the village's comprehensive plan.
b. The request is consistent with the purpose and intent of this article.
c. The request supports and furthers the village's goals, objectives, and policies of a
PRD as set forth in section 78-221 through 78-228, and other standards set forth
in this article, which include, but are not limited to, pedestrian amenities,
increased open spaces, architectural significance, and the limited development
of certain commercial areas with a combination of appropriate commercial uses
together with fee-simple, residential uses, which by virtue of the planned
combined-use development, are uniquely compatible, harmonious, and mutually
complimentary.
d. The granting of the request will not result in a development that exceeds one or
more of the minimum requirements for a PRD.
e. The request results from innovative design in which other minimum standards
are exceeded.
f. The request clearly demonstrates the public benefits to be derived, including but
not limited to, the use of desirable architectural, building, and site design
techniques.
g. Sufficient screening and buffering, if required, are provided to screen adjacent
uses from adverse impacts caused by the request.
h. The request is not based solely or predominantly on economic reasons and there
are special circumstances and conditions that warrant the waiver.
i. The request will be compatible with existing and potential land uses adjacent to
the development site.
Page 43 of 120
Agenda Item #1.
j. The request demonstrates that the granting of the waiver will result in the
preservation of valuable natural resources, including environmentally sensitive
lands, drainage and recharge areas, and coastal areas.
k. The request demonstrates that the development will be in harmony with the
general purpose and intent of this article, and will not be injurious to the area
involved, or otherwise detrimental to the public health, safety, and welfare.
The village council may, at its discretion, require adherence to established zoning
district requirements within certain portions of the site, if deemed necessary in order
to maintain the spirit and intent of this article.
Sec. 78-289. Location of accessory buildings.
(a) In single-family zoning districts, Nno accessory structure, minor structure, or pool except
as otherwise provided by this chapter, shall be ',���he area h„+ „ t
,Afini►n thin frM
sLth^r'c '*n^ ^f thin �r;�,.;Mn,V%AIstrUctur^ ^ngd t i-e-Str^^t ',,,n^ permitted to extend forward of
the adjacent or nearest portion of the building front, regardless of the actual, allowed
building setback line unless such lot fronts Beach Road.
(b) Where the accessory structure is attached to the principal structure or connected thereto
by a breezeway, the side yard shall be measured from the outer wall thereof.
(Code 1977, app. A, § X(A)(4); Ord. No. 14-12, § 1, 11-8-2012; Ord. No. 02-23, § 4, 2-9-2023)
Section 78-309.-Outdoor Seating
For the purpose of this section, serve or service shall mean the act of a waiter, waitress, or
employee of the food service establishment taking food or beverage orders and providing
delivery of food or beverages to the patrons seated area.
(a) Applicability. Outdoor seating shall be permitted as an accessory use to a restaurant,
business, or institution serving food or beverages in an enclosed area, subject to the
standards listed below.
(1) Access. The outdoor seating area is adjacent to, and has direct access through, a
doorway to that portion of the business or institution which is enclosed.
(2) Location. The outdoor seating is located adjacent to the restaurant or food
service establishment and is owned or leased for this purpose.
(3) General circulation. The outdoor seating can be accommodated without
impeding the access of the general public to one (1) or more of the following:
a. The enclosed portion of the restaurant or food service establishment;
b. Any other use located within the same building or structure; or
Page 44 of 120
Agenda Item #1.
c. Any unauthorized common elements shared by the restaurant or food
service establishment and any other users of the same building or structure.
(4) Safety. Outdoor seating shall comply with all building, fire, and safety code
requirements.
(5) Outdoor furniture. Furniture that is designed as outdoor furniture, which can
withstand the elements, rain and intense sun, shall be used.
(6) New businesses requesting outdoor seating or existing businesses making
substantial changes to their outdoor seating, shall have to gain site plan
approval.
(7) Consent. A copy of the written consent of the individual, corporation, or other
entity that owns the property upon which the outdoor seating will be located.
(b) Minimum standards. Outdoor seating shall, at a minimum, comply with the standards
listed below.
(1) Walkways. Outdoor seating shall be arranged, when in use, in a manner that
provides pedestrian accessibility, maintains compliance with the Americans with
Disabilities Act (ADA), and meets all building codes.
(2) Multiple tenants. Outdoor seating located on a pedestrian walkway which
provides access to more than one (1) occupant of a building shall provide an
unobstructed passageway of at least six (6) feet in width. The unobstructed
Passageway shall be located adjacent to, but not through, the outdoor seating
area.
(3) Location. Outdoor seating shall be located only adjacent to the affected
restaurant or food service establishment, and shall not be located in front of or
adjacent to any other user or tenant, unless otherwise approved by the
community development director.
(4) Prohibited location. Outdoor seating shall not be located within any area
designated for parking.
(5) Fencing or screening. Fencing or screening may be required as a means to
physically separate such use from any adjacent public passageway, street, or
community as a means for public safety and to avoid nuisance. When outdoor
seating is proposed adjacent to parking spaces or drive aisles, safety elements
such as bollards or reinforced planters shall be utilized to prevent vehicle
intrusion. In areas located within a courtyard or developments that are designed
to accommodate the outdoor seating in a safe manner, fencing or screening may
not be necessary.
(6) Compatibility. Outdoor seating, including fencing and screening materials, shall
be compatible in color and style with the exterior of the building. Signs, lettering,
or advertising, excluding permitted menu board, shall not be attached to
Page 45 of 120
Agenda Item #1.
outdoor seating. Small labels may be permanently attached to the furnishing to
identify ownership for security purposes.
(c) Exemptions. The following are exempt from formal review of outdoor seating but
shall comply with section 78-309(a), applicability:
(1) Casual seating without service. Businesses, institutions, or uses that serve food
or beverages solely inside may have outdoor casual seating, such as a bench or a
maximum of three tables (12 seats) or no more than 200 square feet, whichever
is less, provided all accessibility standards are met.
(2) De minimus standard. Businesses, institutions, or uses that serve food or
beverages may be approved to serve food for outdoor seating by a maximum of
three tables (12 seats) or no more than 200 square feet, whichever is less,
provided all accessibility standards are met.
Sec. 78-332. Pre-application meeting; conceptual review process.
(a) A pre-application meeting called by the community development director between
appropriate village officials, the landowner or representative, and other entity
representatives deemed appropriate shall be required prior to application submittal for
site plan review to ensure proper coordination, intention and understanding in the
development of land and buildings and to consider compliance with applicable village
regulations. See section 78-331(g) for a list of possible pre-application meeting attendees.
The applicant is responsible for properly notifying the various affected agencies in the list
of the time, place, and subject of the pre-application meeting.
(b) Prior to submitting a site plan review application and committing the resources required to
proceed through the site plan review application process as required by section 78-334, an
applicant may choose to participate in the following conceptual plan review process in
order to gauge interest in the proposed project.
(1) Conceptual presentation. Based on the outcome of the pre-application meeting, the
applicant may request to present a conceptual site plan to the village council in order
to receive further input. Projects on Beach Road, US Highway 1, Tequesta Drive, Old
Dixie Highway, Cypress Drive, and Bridge Road that contemplate any of the following
shall submit a conceptual site plan to the village council for input:
a. New development or major redevelopment.
b. Site plan review requiring a code text amendment.
This conceptual presentation is not a quasi-judicial proceeding, and no action shall be
taken by the village council beyond a discussion with the applicant. Neither the
outcome of this conceptual presentation nor any comments made during this
Page 46 of 120
Agenda Item #1.
conceptual presentation by any village council member or village staff is a guarantee
or assurance in any way of the final action that may be taken by the village council
pursuant to a formal application for site plan review as provided in section 78-334.
(2) Prior to being placed on a village council agenda for a conceptual presentation, the
applicant shall submit the following:
a. Processing fee in an amount as established by resolution of the village council
and on file in the village clerk's office.
b. Five copies of sketches and diagrams sufficient to convey the conceptual site
plan to the village council. This shall include a site plan indicating the height,
number of stories, density, number of units, open space, lot coverage
calculations, floor plans and/or surveys.
C. Five copies of a brief explanation that the proposed site plan complies with
village code, including aesthetic considerations.
(3) For projects that will be seeking approval for a Planned Commercial Development
(PCD) or Planned Residential Development (PRD),. or projects that Village staff
determines will be unusually complex; the Village Manager or his/her designee may
require an applicant to hold a special workshop with the Village Council in lieu of a
conceptual presentation.
Sec. 78-334. Application and review process.
Applications for site plan review shall adhere to the following procedures and
requirements:
(a) Preapplication meeting. A preapplication submittal meeting shall be held with the
applicant and his design team and the community development director and his
development staff, pursuant to section 78-332.
(b) Review by the development review committee. Upon receipt of all required plans,
exhibits and support documents from the applicant, including but not limited to seven
copies 11x17 sized, three copies full sized, and one copy in a digital format as
specified by the village of the documents required by section 78-333, the
development review committee, which is comprised of zoning, public works, police
and fire department representatives, and engineering, traffic and landscaping
consultants, as well as other department representatives or consultants as
determined by the community development director or designee, and as listed at
section 78-331(g) shall review the submitted site plan, and plans and requirements
pertinent to the site plan, to ensure compliance with the applicable site regulations,
use regulations, parking regulations and all other technical requirements.
Page 47 of 120
Agenda Item #1.
Development review committee meetings are public meetings and proper notice of
all such meetings shall be posted at village hall in the same manner as other public
meetings are posted. If the application is deemed by the development review
committee to be at variance with such regulations and requirements, further action
on the site plan review shall be stayed until such variance is resolved or appropriate
application is made to the planning and zoning board or the village council, as
appropriate, and the necessary variance is granted in accordance with article III of this
zoning ordinance. If the application is deemed by the development review committee
to be in compliance with such regulations and requirements, the application and all
exhibits and any additional comments of the development review committee
concerning such application shall be submitted by the community development
director or designee to the planning and zoning advisory board for further review in
accordance with this section. The community development director or designee shall
submit such application for planning and zoning advisory board review within 45 days
of receipt of a completed application. Within 45 days of review by the planning and
zoning advisory board, the community development director or designee shall then
submit such application, including the recommendations of the planning and zoning
advisory board, for village council review. However, for the items specified in
subsection 22-53(b), the planning and zoning advisory board has final approval
authority, and those items do not require further approval by the village council.
(c) Review by planning and zoning advisory board. Upon receipt of all required plans,
exhibits and support documents from the community development director, including
but not limited to nine copies 11x17 sized, three copies full sized, and one copy in a
digital format as specified by the village of the documents required by section 78-333
and any other exhibits deemed appropriate by the development review committee
the planning and zoning advisory board shall hold a public hearing to review, consider
and make recommendations to the village council, or take final action pursuant to
section 22-53(b), regarding the application. Notice of public hearing shall be
advertised a minimum of ten days in advance of the public hearing in the village's
public notices portal or a newspaper of general circulation in the area. The owner of
the property for which site plan review is sought or his agent or attorney designated
by him on the submitted application shall be notified by mail of the date and time of
the hearing.
(d) Review by village council. Upon receipt of all required plans, exhibits and support
documents from the community development director, including but not limited to
seven copies 11x17 sized, three copies full sized, and one copy in a digital format as
specified by the village of the documents required by section 78-333 and any other
exhibits deemed appropriate by the development review committee the village
council shall hold a public hearing to review, consider and act upon the application.
Notice of public hearing shall be advertised a minimum of ten days in advance of the
public hearing in the village's public notices portal or a newspaper of general
circulation in the area. The owner of the property for which site plan review is sought
Page 48 of 120
Agenda Item #1.
or his agent or attorney designated by him on the submitted application shall be
notified by mail of the date and time of the hearing.
(e) Action by village council. After review, the village council shall grant approval, with
conditions, or deny the application and direct the building official to approve or
withhold approval of the building permit.
(f) Approval granted with conditions. When certain conditions are attached to the site
plan review, the conditions shall be stated in writing on the order granting site plan
review and shall become a part of the approved site plan. Conditions of approval shall
be related to the proposed development and shall be roughly proportional to the
anticipated impacts of the proposed development.
(g) Developer's agreement. The village council may require an applicant to enter into a
developer's agreement with the village if the village council deems such agreement
appropriate. If a developer's agreement is required of an applicant, it shall be set
forth in a recordable form, acceptable to the village attorney.
(h) Time limit for application for building permit. A building permit must be issued within
one year of the date of the site plan approval or the approval shall be nullified. In the
case of a site plan which provides for development phases over a period of years, the
village council shall set forth time within which application for building permit on each
phase shall be filed. If applications for building permits are not issued within these
times, the approval shall terminate and be deemed null and void unless such time
period is extended for one more year only by the village council upon written request
of the applicant, submitted to the village, prior to expiration of the site plan.
(i) Application fee.
(1)Administrative costs. To cover all administrative costs incurred by the village in the
site plan review process, the applicant shall, upon submittal of the application for
site plan review, pay a fee in an amount as established by resolution of the village
council and on file in the village clerk's office.
(2) Additional costs. To cover any additional costs including, but not limited to
advertising costs, engineering fees, consulting fees, attorneys' fees and special
studies, which are not captured by the application fee, the applicant shall reimburse
the village for all such costs not later than 30 days after being invoiced by the village.
Failure to make such payment may be grounds for not issuing a building or zoning
permit, or certificate of occupancy or completion final.
(j) Posting of public notice signage on the subject property. In addition to any other
notice required by village code or state law, public notice of requests for approval of
planned residential developments, planned commercial developments, future land
use map amendments, rezonings, variances, site plans, and special exceptions to be
considered by the planning and zoning board or the village council shall be posted by
the applicant, agent or property owner, in a conspicuous place clearly visible from
accessible public property on or around the property which is the subject of the
Page 49 of 120
Agenda Item #1.
application. Failure to post and maintain such notice may result in a postponement of
the application at the advertised public hearing. The applicant shall provide proof of
posting in the form of a signed affidavit, including photographs, attesting to the date
of installation as well as the number of signs installed. Applicant's proof of posting
and supporting photographs shall be provided to the community development
director or designee no later than ten calendar days prior to the first public hearing at
either the planning and zoning board or the village council. The applicant shall bear
any costs that may be required to re-advertise the public hearing. The requirements
listed below shall be followed in the posting of all public notices:
(1) A minimum of one public notice sign shall be posted along each property frontage
abutting each public right-of-way; however, the community development
department may require the posting of additional signs depending upon the size and
location of the property which is the subject of the application. The required signs
shall be posted by the applicant in a conspicuous manner within 25 feet of the
nearest public right-of-way.
(2) The required signs shall be posted no later than 14 calendar days prior to the first
public hearing which may be at either the planning and zoning board or the village
council. The signs shall be maintained and, if necessary, shall be replaced by the
applicant, and shall remain posted on the property until final action is taken on the
application by the village, or until the application has been officially withdrawn. The
signs shall be removed by the applicant within ten calendar days after final action is
taken on the application by the village, or the application is officially withdrawn by
the applicant.
(3) All required public notice signs shall be provided to the applicant or the applicant's
authorized agent by the community development department. Only signs provided
by the community development department may be utilized. Such required signs
shall be three feet in width by four feet in length, and the color of the signs shall be
a white background with black block letters. The community development
department shall provide the applicant or applicant's authorized agent with
directions for posting the sign. In the event the village incurs any administrative,
professional, legal or other costs, expenses, or fees due to the applicant's failure to
either post or maintain posted signs, the applicant shall reimburse the village for all
such fees or costs within 30 calendar days from the date of the issuance of any
invoice to the applicant by the village for payment of the additional costs, fees, and
expenses. The failure of an applicant to reimburse the village for such costs, fees,
and expenses within the 30-day period shall result in the creation of a lien in favor of
the village against the applicant and any real and personal property owned by the
applicant in the state. Interest on the unpaid amount shall accrue at the maximum
rate allowed by law per annum. The village may record a claim of lien for the unpaid
Page 50 of 120
Agenda Item #1.
amounts due, including interest, in the public records of the county and any other
county in which the applicant owns real property.
(Ord. No. 42-13, § 1, 2-13-2014; Ord. No. 9-15, § 4, 6-11-2015;Ord. No. 10-22, § 2, 7-14-2022)
Sec. 78-370. Application; notice of hearing.
(a) A written petition for special exception shall be submitted indicating the section of this
chapter under which the special exception is sought and stating the grounds on which it is
requested, with particular reference to the criteria under section 78-363, the written
findings under section 78-364, and other specific conditions, if applicable, which the village
council shall address. The petition shall include all material necessary to meet the
requirements of the development concept plan listed in subsection (b) of this section and
any additional information that will demonstrate that the grant of special exception will be
in harmony with general intent and purpose of this chapter.
(b) A petitioner seeking special exception approval shall submit a development concept plan
on one or more sheets of paper measuring not more than 24 by 36 inches and drawn to a
scale not smaller than 100 feet to the inch. The following shall be provided on the
development concept plan:
(1) Scale, date, north arrow, vicinity sketch, title of the project and total gross acreage.
(2) The boundaries and dimensions of the property and its relationship to the
surrounding road system, including the width of the existing travelway (pavement).
(3) The location and dimension of existing manmade features such as existing roads and
structures, with indication as to which are to be removed, renovated or altered.
(4) Identification of surrounding land use, zoning and existing buildings within 100 feet of
the petitioned site, as well as the zoning of the petitioned site.
(5) A layout of the proposed lots and/or building sites including the following site data:
a. Finished floor elevation.
b. Common open area.
c. Generalized landscaping and buffer areas.
d. Internal circulation patterns including off-street parking and loading facilities.
e. Total project density.
f. The shape, size, location and height of all structures.
(6) The proposed phasing of construction for the project if applicable.
(7) For commercial uses, office uses and uses other than residential, the estimated
square footage of the structure, the number of employees, the estimated seating, and
the estimated number of users of the facility, such as members, students and
patients.
(8) Proposed hours of operation for commercial uses.
Page 51 of 120
Agenda Item #1.
(9) Twelve aerial maps at a minimum scale of one-inch equals 300 feet, showing the site
in question with paved boundaries superimposed.
(10) A legal description of the land proposed for development.
(11) Current survey of the subject property.
(c) The application shall be reviewed by the land development staff within 30 days of the
submission deadline. Upon land development staff review and analysis of all submitted
materials, the building official shall forward a recommendation to the village council.
(d) A public hearing shall be held by the village council.The property owner may appear
personally or by agent or attorney.
(e) Notice of public hearing shall be advertised a minimum often days in advance of the public
hearing in the village's public notices portal or a newspaper of general circulation in the
area. The owner of the property for which special exception is sought or his agent or
attorney designated by him on the submitted petition shall be notified by mail of the date
and time of the hearing. Notice shall be given by mail to all owners of property within a
300-foot radius of the boundary lines of the property for which a special exception is
requested. The list of property owners within the stated radius shall be provided by the
applicant from the most recent tax roll information as provided by the county appraiser's
office. The applicant must furnish an affidavit signed by the person responsible for
providing the list. Notwithstanding any other provision contained in this section, failure to
provide written notice to any adjacent property owners shall not constitute a jurisdictional
defect provided that proper legal notice has been published.
(Code 1977, app. A, § X(J)(8); Ord. No. 7-08, § 4, 4-10-2008; Ord. No. 19-11, § 1, 11-10-2011)
Sec. 78-396.5.Artificial turf/synthetic grass.
(a) Locations permitted.
(1) Artificial turf/synthetic grass is a permitted use on lots improved with single family or
two-family dwellings.
(2) Artificial turf/synthetic grass may be used for purposes associated with the principal
use of any commercial or mixed-use zoned property as a special exception. Special
exception approval pursuant to sections 78-362 through 78-365 shall be required
prior to obtaining the required building permit.
(3) Artificial turf may be placed inside or rear yards when concealed from view from the
adjacent right-of-way. Single-family properties of 1 acre or less are exempt from this
restriction per rule 62-308.100 of the State of Florida.
(4) Artificial turf may be placed in front yards only as a decorative grid design in
conjunction with approved pavement materials (pavers or the like) for a walkway and
driveway. Artificial turf, turf synthetic grass may not be used as a barrier or border to
Page 52 of 120
Agenda Item #1.
a paved or asphalt walkway or driveway. Single-family properties of 1 acre or less are
exempt from this restriction per rule 62-308.100 of the State of Florida.
(5) Artificial turf is prohibited in any public right-of-way, including swales and roadside
areas that are adjacent to residential property.
(6) Artificial turf, inclusive of putting greens, may comprise up to a maximum of ten
percent of the required landscape area on any lot. Single-family properties of 1 acre
or less are exempt from this restriction per rule 62-308.100 of the State of Florida.
(7) Putting greens comprised of artificial turf are permitted in the rear yard only,
pursuant to regulations set forth at subsection (d) below. Single-family properties of 1
acre or less are exempt from this restriction per rule 62-308.100 of the State of
Florida.
(8) Artificial turf or synthetic grass shall not be installed within ten (10) feet of any
natural or man-made waterbody, measured from the mean high-water line. Where a
Physical barrier separates the waterbody from the artificial turf or synthetic grass,
including, but not limited to docks, seawalls, or bulkheads, the ten (10) foot setback
shall be measured from the nearest point of such barrier to the artificial turf or
synthetic grass.
(b) Minimum standards for artificial turf.
(1) Artificial turf shall consist of green life-like individual blades that emulate natural turf
or turfgrass in color, texture and size. Artificial turf shall have a minimum pile height
of one and one-half inches, and a minimum tufted weight of 56 ounces per square
yard. Single-family properties of 1 acre or less are exempt from this restriction per
rule 62-308.100 of the State of Florida.
(2) Artificial turf shall be installed to have a minimum permeability of 30 inches per hour
per square yard. Single-family properties of 1 acre or less shall provide a minimum
Permeability of 10 inches per hour per rule 62-308.100 of the State of Florida.
(3) Artificial turf shall have a minimum 15-year manufacturer's warranty that protects
against color fading and decrease in pile height.
(4) Artificial turf shall be lead-free. Artificial turf, including backing material and infill,
must not contain heavy metals or intentionally added per-and polyfluoroalkyl
substances.
04 Trr ifiriAl t1 irf chAll ��r�o �eiit�n;d r-�LA I r�tor�t1. ��-��� r�r�t������ �Tr'
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(56) Infill materials for artificial turf must be organic or clean silica sand, rock, shell, or
other natural material with a non-toxic coating. Coated silica sand may be used
provided that any coating used is non-toxic and meets the requirements described in
78-396.5 (b) (4) and (9). Rubber or any other synthetic infill material is not permitted,
Page 53 of 120
Agenda Item #1.
unless placed within the footprint of playground equipment. Installation shall be
designed to prevent washing away of anv infill material off the residential property.
(6-7) The use of"indoor/outdoor" carpeting as a replacement or substitute for artificial turf
is strictly prohibited.
(Z-9) Any reasonable deviation from these minimum standards must be approved in writing
and in advance by the building official for good cause shown.
(8) Artificial turf, including backing materials and infill, must be disposable under normal
conditions at any Chapter 62-701, F.A.C., Florida permitted landfill.
(9) Subgrade shall be composed of natural materials, such as crushed rock, or crushed
concrete that meets the permeability requirements of this rule. Subgrade materials
shall be washed prior to installation to prevent fines from binding.
(c) Installation, repair, and maintenance of artificial turf.
(1) Installation of artificial turf shall be pursuant to a building permit issued by the
building department.
(2) Installation shall be, at a minimum, in accordance with manufacturer's specifications.
(3) Artificial turf shall be anchored at all edges and seams in order to withstand the
effects of wind or flooding.
(4) Seams shall be nailed and glued (not sewn) and all edges shall be trimmed to fit
against all regular and irregular edges in order to present a natural look.
(6) Artificial turf must be permeable and affixed to permeable backing with a pervious
subgrade. Artificial turf must be installed over a subgrade prepared for positive
drainage and evenly graded porous material.
(7) Soil beneath installed subgrade shall not be compacted to the extent that it adversely
impacts percolation through the soil.
(8) Installation of synthetic turf must be designed and installed to prevent pooling or an
increase in the stormwater runoff volume, direction, or rates to adjacent properties
and, where possible, runoff shall be directed to on-site pervious areas. �,iffer-8e,u I I I%.o I-n t
r �ioess � rr � ��irr-4ir -4To ch-4II him rrniirlor ir nrrlor+nor r r � a+er.
(9) Installation of synthetic turf must not alter the permitted stormwater management
system as designed and shall not be installed within a Swale, ditch, stormwater pond,
or
a stormwater pond's littoral zone.
Page 54 of 120
Agenda Item #1.
(7JO) Artificial turf shall be installed so it is visually level and with the grain pointing in a
uniform, single direction.
(911) Barriers such as pavers, river rock or other non-living landscape material shall be
utilized to separate artificial turf from live landscaping material, turf or turfgrass.
(912) Installation of artificial turf cannot compromise the health of non-invasive nearby
trees, including tree roots and vegetation. Artificial turf shall not be installed inside
any tree drip line in order to protect tree root systems unless a certified arborist
certifies that installation within a drip line would not be harmful to the tree.
(1013) Artificial turf shall be maintained in a "like new" condition free of weathering and
fading. Artificial turf areas shall be kept free of dirt, debris, stains, and weeds. Tears,
holes, ruts, depressions and the like shall be repaired immediately with like for like
materials, from the same manufacturer if possible. Edges shall be properly anchored
and shall not present a "loose" appearance.
(1114) Artificial turf that is placed in any utility easement may be removed by the village or
other utility provider at any time for any reason reasonably related to the easement's
purpose. The property owner shall be responsible for the repair or replacement of
any such removed artificial turf.
(15) In-ground irrigation systems cannot be used to irrigate artificial turf areas. If any in-
ground system is already installed, any irrigation heads under the artificial turf shall
be removed and pipe capped.
(d) Putting greens may be comprised of artificial turf with a minimum pile height of one-
quarter inch. Putting greens shall not exceed 500 square feet in size. However, single-
family properties of 1 acre or less are exempt from this restriction per rule 62-308.100 of
the State of Florida. A drainage plan for the putting green must be approved by the village
engineer and a permit issued by the building official is required prior to installation.
(e) Properties with existing artificial turf that was previously installed in violation of the
location, landscape area percentage, or quality requirements of this section may remain
until it is required to be replaced, at which time full compliance with this section shall be
required.
(f) Artificial turf installed in compliance with this section shall be considered as pervious area
and shall count toward the required minimum landscape area.
Sec. 78-397. Prohibited plant species.
(a) All trees, plants, and shrubs on the Florida Invasive Species Council (FISC) List of Invasive
Plant Species list shall not be planted in the Village with the following exceptions:
Ligustrum Lucidum Glossy Privet) and Manilkara Zapota (Sapodilla). The following trees
that are not on the FISC List of Invasive Plant Species shall not be planted in the Village:
Fiscus altissima (Lofty Fib), Eucalyptus spp. (Eucalyptus Species), Fiscus benghalensis
(Banyan). The Village's Community Development Director may approve a tree, plant, or
Page 55 of 120
Agenda Item #1.
shrub that is listed as a Category 2 species on the FISC List of Invasive Plan Species when it
can be demonstrated that the proposed planting will not negatively impact the ecology of
the Village. �hn fn11n\A/inns nlAnt cnncinc chnll nn+ hn miAntncl in thin
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Page 56 of 120
Agenda Item #1.
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(Ord. No. 39-13, § 1, 2-13-14; Ord. No. 16-22, § 3, 1-12-2023)
Sec. 78-403. Landscaping abutting residential areas; perimeter planting strip required.
(a) In the planting strip of commercial properties abutting and/or immediately adjacent to
residential areas there shall be planted a living hedge not more than six feet from the
residential property line. The hedge must be planted prior to issuance of a certificate of
occupancy and must be planted at least four feet in height and not more than two feet on
center and must be maintained at a height of not less than six feet and not more than ten
feet. Additionally, a solid opaque fence and/or wall of not less than five feet but not more
than six feet shall be required. The hedge shall be planted on the outside of the wall.
(b) For all multifamily, mixed-use, and commercial land uses, a landscape buffer shall be
required tobea minimum of 15 feet from any public right-of-way line, and ten feet from
all adjacent property lines except where allowed to be reduced to 5 feet in Section 78-407.
Waterfront properties shall provide a five-foot landscape buffer at a minimum of 40
percent of the property's total rear lot line. The five-foot landscape buffer shall be taken
from the back side of the bulkhead/seawall/riprap of all waterway properties, and from
the back (west) side of the dune. Commercial land uses adjacent to residential land uses
shall provide a solid opaque fence and/or wall of not less than five feet but not more than
six feet. ser. It re-preesents minimum
ron iremen+c aIn l s.hr, ,Irl ho rnmrirlororl nr. n a,lWinliho nr%k,
(Ord. No.39-13, § 1, 2-13-14;Ord. No. 16-22,§5, 1-12-2023)
Sec. 78-701. Marking, lighting and calming of parking areas.
(a) Existing off-street parking spaces shall be marked by double parallel painted lines, curbs or
other acceptable means to indicate individual spaces. Off-street parking spaces for new
development as described in section 78-691 shall be marked by double parallel painted
lines only. On-street parking spaces shall be marked by single painted lines or other
acceptable means, or as may be required by the state department of transportation, to
Page 57 of 120
Agenda Item #1.
indicate individual spaces. Compact parking spaces shall be so identified by painting
"compact vehicle only" on the surface of each space so designated. Handicap accessibility
parking spaces shall be identified and marked per current federal, state and county
requirements. Signs, markers and/or directional arrows shall be used as necessary to
ensure the efficient and safe operation of the parking lot or area. Each off-street parking
space shall be provided with a permanently affixed car stop or continuous raised curb
made of concrete or other acceptable material approved by the building official.
(b) The internal traffic operation within the parking lot shall be established by the use of MOT
approved signs and directional arrows. Traffic calming devices such as speed humps, speed
bumps or similar features shall be prohibited.
(c) Parking facilities shall be provided with appropriate site lighting. A photometric plan may
be requested during the site plan process to ensure that an excess amount of lighting does
not spill over onto adjacent properties.
(d) To reduce light pollution, parking facilities are encouraged to utilize dark skv-friendly
lighting fixtures, where feasible.
(Code 1977, app. A, § VIII(D); Ord. No. 38-13, § 1, 3-13-2014)
Sec. 78-702. Bicycle Racks.
(a) All non-residential projects requiring twenty or more parking spaces shall provide bicycle
racks that have one bicycle space per every 20 automobile parking spaces required. Bicycle
racks shall be permanently affixed and designed to support the bicycle frame.
(b) Bicycle racks shall be provided, where feasible in public parking facilities.
Page 58 of 120