HomeMy WebLinkAboutDocumentation_Regular_Tab 17_3/12/2026 Agenda Item #17.
Regular Council
STAFF MEMO
A-1
Meeting: Regular Council - Mar 12 2026
Staff Contact: Jay Hubsch Department: Community Development
ORDINANCE NO. 04-26: FIRST READING, 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.
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Ordinance No. 04-26 includes a series of amendments to Chapter 22 (Community Development) of
the Village Code. This ordinance is part of a broader, comprehensive code update that will amend
several chapters of the Village Code. Each chapter amendment will be adopted through a separate
ordinance. In total, approximately six (6) ordinances will be considered as part of this effort.
Due to the volume of revisions and the number of code sections being amended, Village staff
proposes to adopt the code updates in two (2) phases to improve clarity, efficiency, and ease of
review for the Planning and Zoning Board and Village Council. The first phase will come to Village
Council at the March 12th Council meeting, and the second phase at a future meeting.
Summary of Chapter 22 amendments included in Ordinance 04-26:
1. 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. Only the change to 22-55 is included in
this Ordinance. The others will come in future Ordinances.
2. Section 22-53, which outlines the powers and duties of the Planning and Zoning Board, has been
amended to clarify that the Board reviews and makes recommendations to the Village Council on
special exceptions, except where such applications qualify for expedited review within designated
zoning overlay districts.
Planning and Zoning Board Recommendation
Page 156 of 336
Agenda Item #17.
The Planning and Zoning Board, sitting as the Local Planning Agency, reviewed Ordinance 04-26 at
its February 19, 2026, meeting, and voted 5-0 to recommend approval to Village Council.
This document and any attachments may be reproduced upon request in an alternative format by
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Ordinance 04-26 Updatin_. Chapter 22
Ordinance 04-26-Business Impact Statement
Page 157 of 336
Agenda Item #17.
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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Page 158 of 336
Agenda Item #17.
(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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Page 159 of 336
Agenda Item #17.
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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Page 160 of 336
Agenda Item #17.
(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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Page 161 of 336
Agenda Item #17.
Business Impact Estimate
ORDINANCE 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.
This Business Impact Estimate is provided in accordance with section 166.041(4),
Florida Statutes.
1. Summary of the proposed ordinance (must include a statement of the public
purpose, such as serving the public health, safety, morals and welfare):
1. 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, 78-651 78-334, and 78-370 have
been updated accordingly. Only the change to 22-55 is included in this Ordinance. The
others will come in future Ordinances.
2. Section 22-53, which outlines the powers and duties of the Planning and Zoning
Board, has been amended to clarify that the Board reviews and makes
recommendations to the Village Council on special exceptions, except where such
applications qualify for expedited review within designated zoning overlay districts.
2. An estimate of the direct economic impact of the proposed ordinance on
private, for-profit businesses in Tequesta, if any:
No impact
3. Good faith estimate of the number of businesses likely to be impacted by the
proposed ordinance: Zero
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Page 162 of 336