HomeMy WebLinkAboutDocumentation_Planning and Zoning_Tab 04_4/16/2026 Agenda Item #4.
Planning and Zoning Board
STAFF MEMO
Meeting: Planning and Zoning Board - Apr 16 2026
Staff Contact: Jay Hubsch Department: Community Development
ORDINANCE NO. 07-26: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 76. WATERWAY CONTROL & CHAPTER 78
ZONING; PROVIDING UPDATING THE DEFINITION SECTIONS OF BOTH CHAPTERS;
AMENDING SECTION 76-2 PROVIDING A DEFINITION FOR BOATLIFTS; AMENDING SECTION
78-4 ADDING A DEFINITION FOR ACESSORY DWELLING UNIT, AMENDING THE DEFINITION
OF FAMILY, AMENDING THE DEFINITION OF FAST FOOD RESTAURANT, AMENDING THE
DEFINITION OF WAIVER; PROVIDING THAT EACH AND EVERY OTHER SECTION AND
SUBSECTION OF CHAPTERS 76 & CHAPTER 78 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.
Ordinance No. 07-26 includes updates to the definitions of Chapter 76 (Waterway Control) and 78
(Zoning) 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 eight (8) 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 three (3) phases to improve clarity, efficiency, and ease of
review for the Planning and Zoning Board and Village Council. Three ordinances were previously
reviewed by the Planning and Zoning Board at the February 19, 2026, meeting. Two additional
ordinances will be forthcoming at the next meeting.
Summary of Chapter 76 and 78 Definition Updates in Ordinance 07-26:
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.
The Village's definitions have been changed in Section 78 (Zoning) in several places.
1. Accessory dwelling unit is defined and noted that they are prohibited. This maintains the Village's
longstanding policy of prohibiting accessory dwelling units to preserve single-family neighborhood
character and manage density.
2. The definition of family has been amended so that no more than three unrelated persons can
occupy asingle-family home. This is a common zoning standard intended to preserve single-family
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Agenda Item #4.
residential character and prevent the functional conversion of dwelling units into boarding or rooming
houses.
3. 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.
4. Clarifies and expands the applicability of waivers to include Planned Residential Districts (PRDs),
where they were not previously expressly authorized. They are expressly allowed in Planned
Commercial Districts (PCD's) and Zoning Overlays but not expressly allowed in PRD's.
Planning and Zoning Board Recommendation
Based on the analysis provided, staff finds that Ordinance No. 07-26 is consistent with the Village's
adopted goals and policies and will improve clarity, consistency, and enforceability within the Village
Code. The proposed amendments address internal code inconsistencies, establish policy priorities
previously directed by the Village Council, and provide additional regulatory tools to protect
neighborhood character and public welfare.
Therefore, staff recommends that the Planning and Zoning Board, sitting as the Local Planning
Agency recommend approval of Ordinance 07-26 to the Village Council.
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.
BUDGET • - •
BUDGET AMOUNT n/a AMOUNT AVAILABLE n/a EXPENDITURE AMOUNT: n/a
FUNDING SOURCES: n/a IS THIS A PIGGYBACK:
❑ Yes ❑ N/A
DID YOU OBTAIN 3 QUOTES?
❑ Yes ❑ N/A
COMMENTS/EXPLANATION ON SELECTIONn/a
-AITACHMENTS;.,
Ordinance 07-26 Updating Chapter 76 & 78 Definition Sections
BUSINESS IMPACT ESTIMATE Teguesta Ordinance 07-26
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Agenda Item #4.
ORDINANCE NO. 07-26
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 76. WATERWAY
CONTROL & CHAPTER 78 ZONING; PROVIDING UPDATING THE
DEFINITION SECTIONS OF BOTH CHAPTERS; AMENDING SECTION
76-2 PROVIDING A DEFINITION FOR BOATLIFTS; AMENDING
SECTION 78-4 ADDING A DEFINITION FOR ACESSORY DWELLING
UNIT, AMENDING THE DEFINITION OF FAMILY, AMENDING THE
DEFINITION OF FAST FOOD RESTAURANT, AMENDING THE
DEFINITION OF WAIVER; PROVIDING THAT EACH AND EVERY
OTHER SECTION AND SUBSECTION OF CHAPTERS 76 & CHAPTER
78 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 the Village code; and
WHEREAS, recommends that currently absent definitions be added to Chapters 76 & 78
and that definitions within Chapter 76 & 78 be modified to conform with modern uses;
WHEREAS, the Village Council of the Village of Tequesta finds the adoption of the
definitions sections of chapter 76 and chapter 78 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 76 — Waterway Control. of the Code of Ordinances of the Village of
Tequesta is hereby amended at Article I. — In General; To amend Section 76-2. Definitions.
which shall hereafter read as follows:
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
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surface when not in use. A boatlift shall be considered a mooring device under this chapter and
is subiect to the some 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-
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.
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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.
Section 2: Chapter 78. —Zoning. Is hereby amended at Article I. —In General. Section
78-4. —Definitions; Section 78-4. - Definitions is hereby amended to read as follows:
Sec. 78-4. - Definitions.
The following words, terms and phrases, when used in this chapter, unless otherwise specified,
shall have the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning. All words used in the present tense include the future; all words in
the singular number include the plural and the plural the singular. The word "building" includes
the word "structure." The word "shall" is mandatory. The word "person" includes a firm,
corporation or municipal corporation as well as a natural person. The word "map" shall mean the
official zoning map of the village. The term "council" shall mean the Council of the Village of
Tequesta and the word "village" shall mean the Village of Tequesta, a municipal corporation of
the State of Florida. The word "used" shall be deemed to include the words "arranged, designed
or intended to be used," and the word "occupied" shall be deemed to include the words
"arranged, designed or intended to be occupied." Any word or term not interpreted or defined by
this section shall be used with a meaning of common or standard utilization.
Abutting means having a common border with, or being separated from such common border by,
an alley or easement.
Access means the principal means of ingress and egress to property from a publicly dedicated
right-of-way.
Accessory Dwelling Unit means a 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.
Accessory structure means a detached, subordinate structure, the use of which is clearly
incidental and related to that of the principal structure or use of the land, and which is located on
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the same lot as that of the principal structure or use. Accessory structure also means an attached
screen enclosure, typically associated with swimming pools.
Accessory use means a use customarily incident and accessory to the principal use of land or
building located on the same lot.
Acre, gross, means a tract of land consisting of 43,560 square feet. As it relates to density, it is
the quotient of the total number of dwelling units divided by the overall size of a site in acres.
Acreage means that land lying within the village limits which has not been subdivided according
to the records on file in the office of the clerk of the circuit court in and for the county.
Addition (to an existing building) means any walled and roofed expansion to the perimeter of a
building in which the addition is connected by a common loadbearing wall other than a firewall.
Any walled and roofed addition which is connected by a firewall or is separated by independent
perimeter loadbearing walls is new construction.
Adjacent means that which lies near or close to, not widely separated or necessarily touching.
Adjoining means that which is joined or united, actually touching.
Adult congregate living facility (ACLF) means an establishment, institution, building, residence,
private home, boardinghouse, home for the elderly, or other place, having some or all of the
characteristics of homes for the elderly, or other place, whether operated for profit or not, which
through its operation provides one or more personal services for four or more persons not related
by blood or marriage to the owner or operator, for a period exceeding 24 hours. Personal services
are in addition to housing and food service and include but are not limited to facilities which
meet the physical, recreational, emotional, and social life needs of the residents of the facility,
personal assistance with bathing, dressing, housekeeping, supervision, eating, and supervision of
self-administered medication, and assistance in securing health care from appropriate sources.
This term shall also include extended care facilities. See also section 78-224 for further
definition of ACLF.
Advertising structure means any structure installed for advertising purposes, with or without any
advertisement display thereon, situated upon or attached to real property, upon which any poster,
bill, printing, painting, device or other advertisement of any kind whatsoever may be placed,
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posted, painted, tacked, nailed, or otherwise fastened, affixed, or displayed; provided, however,
that such term shall not include buildings.
Alley means a dedicated public right-of-way other than a street which provides only a secondary
means of access to abutting property, is not over 20 feet in width and is not intended for general
traffic circulation.
Alteration means any modifications, additions, deletions, or change in construction, or change
and arrangement in the structural parts of a building, whether by extending a side or by
increasing or decreasing in height, or the moving from one location to another.
Amusement device, coin-operated or token-operated, means any amusement machine or device
operated by means of insertion of a coin, token, or similar object for the purpose of amusement
or skill, or for the playing of which a fee is charged. This definition does not include vending
machines which do not incorporate gaming, amusement or skilled features, nor does this
definition include any coin-operated or token-operated mechanical musical devices.
Anchor store/tenant means the largest retail establishment or major tenant within a shopping
center, which draws customers, and thereby generates business for surrounding stores or tenants.
Antenna means any exterior device used for transmitting and receiving, mounted in the ground,
on a tower, alternative tower structure, building or structure and used in communications that
radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies
(excluding radar signals), wireless telecommunications signals or other communication signals.
Antennas may or may not be of stealth design. This definition does not include over-the-air
reception devices which deliver television broadcast signals, direct broadcast signals, direct
broadcast satellite services or multichannel multipoint distribution services, as defined and
regulated by 47 CFR 1.4000, as amended. The definition also does not include satellite dishes as
defined in section 78-442.
(1) Broadcast receiving antenna means an outside antenna used for the reception of signals
transmitted by stations licensed by the Federal Communications Commission in the radio
broadcast services, including AM, FM, TV and shortwave.
(2) Community antenna system means a satellite television antenna system or broadcast receiving
antenna system designed and installed in such a manner so as to receive television and radio
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signals for the noncommercial, not-for-profit distribution to private residences solely within the
R-2 and R-3 zoning districts.
Apartment means any building or portion thereof which is designed, built, rented, leased, let or
hired out to be occupied, or which is occupied, as the home or residence of two or more families
living independently of each other with their own separate cooking facilities in a building
designed with separate entrances for each unit.
Apartment, efficiency, means a dwelling unit consisting of one or two rooms, other than a
bathroom, providing cooking facilities.
Appeal means a request for a review of the village's interpretation of any provision of this
chapter, a request for a variance or a means for obtaining review of a decision, determination,
order, or failure to act pursuant to the terms of this chapter.
Arcade.
(1) Game/video arcade means any establishment, room, place or business location in which there
are available to the public more than three coin-operated or token-operated amusement devices
which are coin-operated or token-operated or where a fee is charged for the operation of such
devices.
(2) Structural arcade means a permanently roofed arched covered continuous area or
passageway at ground level, open to a street, plaza, open space or building, which is accessible
and open to the public at all time.
Area, minimum building, means the total of all roofed or undercover area of the principal
building.
Automobile sales (leasing). See motor vehicle dealer.
Automotive repair establishment.
(1) Major repair means a retail sales and service establishment which provides for the painting,
repainting, or retouching and/or major mechanical repairs and adjustments of motor vehicles
such as engine overhauls, transmission overhauls, and the like which usually require more than
one working day for service. No outdoor sales, repair or service work shall be allowed. Outdoor
storage or display of vehicles, parts, equipment or tires shall be prohibited. No body damaged
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vehicle or vehicle components exposed to view from a public roadway shall be permitted.
(2) Minor repair means a retail sales and service establishment which shall include only those
repairs able to be effected within one working day, such as brake repair, engine tune-ups, oil
changes, lubrications, front end alignments, and the like. No outdoor sales, repair or service work
shall be allowed. Repair services of a ma j or nature, including but not limited to engine overhauls,
transmission overhauls, or body work, shall be prohibited. Outdoor storage or display of
vehicles, parts, equipment or tires shall be prohibited. The service or repair of trucks or other
similar vehicles which exceed a one-ton rated capacity shall be prohibited. No body damaged
vehicle or vehicle components exposed to view from a public roadway shall be permitted.
(3) Paint or body shop means a building or other structure used for painting, repainting, or
retouching and/or major nonmechanical repairs and adjustments of motor vehicles.
Awning means any movable roof-like structure cantilevered or otherwise entirely supported from
a building, so constructed and erected as to permit its being readily and easily moved within a
few minutes time to close an opening, or rolled or folded back to a position flat against the
building or a cantilevered projection thereof, or which is detachable.
Bakery means an establishment engaged solely in the retail sale directly to the consumer of
products such as breads, cakes, pies, pastries, etc., which are based or produced and sold on-
premises.
Bar means a building, or portion of a building, wherein alcoholic beverages are sold by the drink
and consumed on the premises. May also be referred to as a lounge.
Basement means the portion of a building having its floor subgrade (below ground level) on all
sides, the ceiling of which is entirely below ground level or less than four feet six inches above
ground level. The basement is not considered a part of any living area and shall not be used as
living area. Any portion of a basement that is below ground level shall not be considered as part
of the overall building height/story; however, that portion of any basement which exceeds
ground level shall be used in calculating the overall building height.
Beach means the zone of unconsolidated material that extends landward from the mean low-
water line to the place where there is marked change in material or physiographic form, or to the
line of permanent vegetation, usually the effective limit of storm waves. "Beach" is alternatively
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termed "shore."
Bed and breakfast means a small hotel providing food services and rooms for shortterm letting. It
is not intended as a large strip motel or urban luxury hotel, but rather as a small town inn.
Bedroom means a room other than a kitchen, dining room, living room, bathroom, or closet,
which is marketed, designed, or otherwise likely to function primarily for sleeping.
Billboard means an off-premise sign mounted on a building, wall, or freestanding structure
advertising a commercial establishment, activity, product, service or entertainment which is sold,
produced, manufactured, available or furnished at a place other than on the property on which
said sign is located.
Block means a tract of land bounded by streets, or by a combination of streets and public parks,
cemeteries, railroad rights-of-way, bulkhead lines, or shorelines of waterways, or corporate
boundary lines of the village.
Bookstore means an establishment engaged in the retail sale of new books, magazines and
accessory supplies.
Breakaway wall and frangible wall mean a partition independent of supporting structural
members that will withstand design wind forces, but which will fail under hydrodynamic, wave,
and run-up forces associated with the design storm surge. Under such conditions, the wall shall
fail in a manner such that it breaks up into components which minimize the potential for damage
to life or adjacent property. It shall be a characteristic of a breakaway or frangible wall that it
shall have a horizontal design loading resistance of no less than ten and no more than 20 pounds
per foot.
Breezeway means a roofed, open-sided passageway connecting two separate structures, or two
separate portions of the same structure.
Buildable area means the portion of a lot remaining after required setbacks have been provided.
Building means a single structure which is permanently affixed to the land, and has one or more
floors and a room. A building may, for example, consist of a one-family residence, a series of
townhouses, a row of apartments with individual entrances, or an apartment house, a single store
or a row of stores (depending on location of lot lines), or any structure built for support, shelter,
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or enclosure for any occupancy or storage. Carports and garages which are not an integral part of
the main building will be considered accessory buildings.
Building, accessory. See accessory building.
Building, detached, means a building having no party walls in common with another building.
Building, elevated. See elevated building.
Building front means that exterior wall of a building which faces a front lot line of the lot.
Building, height of, means the vertical distance measured from the existing average elevation of
the highest adjacent grade, at the base of the building to the highest point of the building or roof.
Height shall be measured to the highest point of the following:
(1) The coping of a flat roof;
(2) The average height level between the eaves and roof ridge or peak with gable, hip, or
gambrel roofs;
(3) Deck lines on a mansard roof;
(4) For a roof with equipment which exceeds more than four feet above the highest point of the
roof. Stairways, elevator penthouses, and accessory operating equipment enclosed within the
roofline are excluded, as are screens to conceal facilities on the roof provided that the screen is
not under roof and is less than ten feet in height.
Building line means a line on a lot, generally, but not necessarily, parallel to a lot line or road
right-of-way line, located a sufficient distance therefrom to provide the minimum yards required
by this chapter. The building line delimits the area in which buildings are permitted subject to all
applicable provisions of this chapter.
Building, nonconforming, means a legally existing building which fails to comply with the
regulations (for height, number of stories, size, area, yards, location, and use) set forth in this
chapter applicable to the district in which such building is located.
Building official means the officer or other designated authority, or a duly authorized
representative, charged with the administration and enforcement of the Florida Building Code,
within the Village of Tequesta.
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Building permit means an official document or certificate issued by the building official which
authorizes performance of specific activities that are determined to be compliant with the Florida
Building Code.
Building, principal, means a building in which is conducted, or in which is intended to be
conducted, the main or principal use of the lot on which it is located.
Building site means a portion or parcel of land considered as a unit, devoted to a certain use or
occupied by a building or group of buildings that are united by a common interest or use, and the
customary accessories and open spaces belonging to the same.
Building support structure means any structure which supports floor, wall or column loads, and
transmits them to the foundation. The term shall include beams, grade beams, or joists, and
includes the lowest horizontal structural member exclusive of piles, columns, or footings.
Bulk is a term used to describe the size of buildings or other structures, and their relationships to
each other and to open areas and lot lines.
Business, formula means an establishment that offers health care, medical, dental, personal
service, or real estate services with a standardized array of services and/or merchandise,
employee uniforms, decor, facade design, signage, color scheme, trademark or service mark,
name, or similar standardized features; and is one of a chain or group of ten or more in the
nation.
Business service means an establishment primarily engaged in rendering services to other
business establishments on a fee or contract basis not involving the sale of any goods or
commodities available on the premises and not dispensing a personal or professional service.
Such establishments include such activities as real estate, insurance, accounting or bookkeeping,
financial institution, management or consulting, or other similar uses.
Canopy means a roof-like structure made of any material which projects from the wall of a
building and overhangs a public way.
Carport means space for the housing or storage of motor vehicles and enclosed on not more than
two sides by walls.
Carwash means a building, structure, or portion thereof containing facilities for washing
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automobiles, which may utilize production line methods with a chain conveyor or other method
of moving the vehicles along, utilizing the automatic, semiautomatic, or manual application of
cleaner, brushes, rinse water, wax, heat, air, or steam.
Certificate of occupancy means official certification that a building or structure conforms to
provisions of the Florida Building Code and this chapter and may be used or occupied. Such a
certificate is granted for new construction or for alteration or additions to existing structures.
Unless such a certificate is issued, a structure cannot be occupied.
Church/place of worship means a building, structure, or premises wherein persons regularly
assemble for religious worship which is specifically designed and used only for such purpose and
is maintained and controlled by a religious body organized to sustain public worship.
Clinic means a facility including a health care facility, medical or dental office where patients,
who are not lodged overnight, are admitted for examination and treatment by one person or a
group of persons licensed by the state as a physician, dentist, chiropractor, therapist or other
similar health related profession.
Club means buildings or facilities owned or operated by a person for a social, educational,
fraternal, civic, religious, or recreational purpose, but not primarily for profit or to render a
service which is customarily carried on as a business.
Coastal barrier island means geological surface features of islands within the village above
mean sea level.
Coastal building zone means the land area between the seasonal high-water line of the Atlantic
Ocean and the waters of the Intracoastal Waterway.
Coastal sand dune preservation means the preservation of coastal beach and its vegetation line
through the protection of beach sand dunes from removal, alteration or disturbance in any
manner whatsoever.
Commercial building means a building used only for a commercial use.
Commercial dock means a dock or pier which is used to produce income and which includes any
dock or pier not described in this section as a private dock.
Commercial speech means any sign wording, logo, or other representation or image that directly
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or indirectly names, advertises, or calls attention to a product, service, sale, or sales event or
other commercial activity.
Commercial use means an establishment which supplies commodities and services to the general
public, including retail consumer goods and professional, business and personal services.
Commercial vehicle means any vehicle of any nature which is used or designed or intended to be
used for hire or in the furtherance of commerce, work, or for profit. Any vehicle that has
commercial lettering, markings or advertising shall be considered to be a commercial vehicle
unless the lettering, markings or advertising is on a removable or concealable sign which is
removed or concealed when the vehicle is parked.
Common area means the total area not designed for rental to tenants and which is available for
common use by all tenants or groups of tenants and their invitees, including such areas as
parking lots and their appurtenances, lobbies, malls, sidewalks, landscaped areas, public
restrooms, truck and service facilities, etc.
Compatible use means a use which is capable of existing in harmony with other uses situated in
its immediate vicinity.
Composite sign means a sign to indicate location of all tenants within a commercial building,
where tenants use a common doorway or doorways and do not have individual door openings
and frontage to a street or parking area. Also referred to as a directory.
Comprehensive development plan means the composite of the village comprehensive
development plan, all accompanying maps, charts, and explanatory material adopted by the
village council, and all amendments thereto, all in accordance with the applicable state local
government comprehensive planning requirements.
Construction means the building of or substantial improvement to any structure or the cleaning,
filling, or excavation of any land. It shall also mean any alterations in the size or use of any
existing structure or the appearance of any land. When appropriate to the context, the term
"construction" refers to the act of construction or the result of construction.
Construction, new. See new construction.
Construction, start of. See start of construction.
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Contiguous. Lands are contiguous if they actually adjoin each other and share a common
boundary for a distance of at least 50 percent of the length of such common boundary. Lands
separated by water bodies, streets, alleys, roadways, or other rights-of-way, or lands which share
less than a 50 percent common boundary, do not adjoin, and therefore shall not be considered as
lying contiguous to each other.
Convenience store means a retail establishment which is usually open for extended daily hours of
business (12 to 24 hours), is usually located as a single entity or in a strip building configuration
along arterial roadways, is normally a self-service facility not dependent upon comparison
shopping and by its manner of display and merchandising usually sells a limited selection of
items and brands of prepackaged or prepared foods, ready-to-eat foods, snacks, gum, candy,
beverages, dairy products or sundries, all of which are frequently purchased for immediate use,
and may be developed with facilities for the dispensing and sale of vehicular fuels, but with no
sale or installation of tires, batteries or similar accessories. If such establishment is combined
with such fuel sales and dispensing, it shall be regulated as a full-service fuel station and there
shall be stringent limitations and controls placed upon the nature, size, delivery, storage, location
and type of such fuel sales or dispensing facilities, in order to provide maximum possible
protection to adjacent properties, and it must meet the specific zoning requirements of a full-
service fuel station.
Copy means the linguistic or graphic content, including but not limited to logos, of a sign.
Corner lot. See lot, corner.
Cornice means the horizontal projecting part of the roof crowning the wall of a building, or the
juncture which connects a vertical wall to the horizontal portion of the roof at the roofline.
Court means an open, unoccupied space on the same lot, and fully enclosed on at least three
adjacent sides by walls of the buildings.
Coverage, ground. See lot coverage.
Curb cut means an indentation or depression through or into a raised curb forming a driveway or
walkway.
Curb level means the level of the established curb in front of such building measured at the
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center of such front. Where no curb elevation has been established, the mean elevation of the
finished lot grade immediately adjacent to a building shall be considered the curb level.
Day Care facility means facilities for up to five persons and located within single-family
residential districts as required by state statute.
Dedication means the transfer of property interests from private to public ownership for a public
purpose. The transfer may be of fee-simple interest or of a less than fee interest, including an
easement.
Density means the relationship between the number of existing or proposed amount of dwelling
units on a specific land area, usually expressed in terms of the number of dwelling units per gross
acre.
Design guidelines refers to the Village of Tequesta's architectural and design goals for the R-3
Zoning District. The design guidelines document includes descriptions, and explains the desired
intent of the Village of Tequesta for the overall development and re-development of the R-3
Zoning District. The design guidelines offer examples and goals for applicants regarding
building and landscape architecture, use of open space, signage in conformance with Village
Code, parking (surface and structured) in conformance with Village Code, loading zones in
conformance with Village Code, public streetscapes, and building placement, scale/massing,
height, and character. The intent of the design guidelines is to assist applicants in meeting
Village Code requirements for building and site aesthetics contained in chapter 22, community
development, article II, community appearance, section 22-82, general requirements relative to
site plan review. The design guidelines are not in and of themselves approval criteria in any
quasi-judicial proceeding.
Development means the division of a parcel of land into two or more parcels, the construction,
reconstruction, conversion, structural alteration, relocation, or enlargement of any buildings, any
use or change in use of any buildings or land, any extension of any use of land or any clearing,
grading, or other movement of land, or any manmade change to improved or unimproved real
estate, including, but not limited to, buildings or other structures, mining, dredging, filling,
grading, paving, excavating, drilling operations, or permanent storage of materials for which
permission may be required pursuant to this chapter.
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Directional sign means a ground sign designed to guide or direct vehicular traffic.
District means a contiguous area of land for which there are uniform regulations governing the
use of buildings and premises, density of development, yard requirements, and height limitations.
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.
Drainage means the removal of surface water or groundwater from land by drains, grading, or
other means. Drainage includes the control of runoff to minimize erosion and sedimentation
during and after development and includes the means necessary for water supply preservation or
prevention or alleviation of flooding.
Drive-in or drive-through facility means an establishment which by design, physical facilities,
service, or packaging procedures encourages or permits customers to receive services or obtain
goods while remaining in their motor vehicles.
Driveway means that space specifically designated and reserved on the site for the movement of
vehicles from one site to another or from a site to a public street.
Dual front means a building designed or constructed so as to present the appearance of having
two fronts.
Dune means a mound or ridge of loose sediment, usually sand-sized, deposited by natural or
artificial means, which lies landward of the beach.
Duplex means a single-story or two-story building designed to accommodate two families living
independently of each other. The building will have two addresses, kitchens, and electric and
water meters.
Dwelling means any building or structure designed exclusively for residential occupancy. It shall
be deemed and construed to include both the main portion of such structure and all projections
thereof, such as windows, bays, exterior chimneys, covered porches, or porticoes, including any
garages or carports incorporated within or forming a part thereof, but shall not include the eaves
of such structures, or any open patio, or any uncovered porch, stoop or steps. A dwelling may be
designed and built for the use of one-family or multiple-family occupancy, but it does not
include a hotel, club, motel, boardinghouse or lodging house, or automobile, house trailer, or
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recreation vehicle, whether such trailer or vehicle is mobile or located in a stationary fashion on
blocks or other foundation.
Dwelling, attached, means one which is joined to another dwelling at one or more sides by a
party wall.
Dwelling, detached, means one which is entirely surrounded by open space on the same lot.
Dwelling, group, means a group of two or more one-family, two-family, or multiple dwellings
occupying a lot in one ownership and having any yard in common.
Dwelling, multiple, means a building or portion thereof used for occupancy by three or more
families in separate independent units, providing permanent provisions for living, sleeping,
cooking, eating and sanitation. The term includes condominiums, apartments, group homes and
row houses, but excludes townhouses.
Dwelling, row, means a row of attached or semiattached one-family dwellings or two-family
dwellings, containing a total of three or more dwelling units, or a building in such a row.
Dwelling, single family, means a building designed for or occupied exclusively by one family.
Dwelling, two-family. See duplex.
Dwelling unit means one or more rooms in a residential building or residential portion of a
building, which are arranged, designed, used or intended for family purposes and which include
lawful cooking space and lawful sanitary facilities reserved for the use of the single-family
occupants thereof.
Easement means authorization by a property owner of the use by another and for a specified
purpose of any designated part of his property.
Efficiency unit. See apartment, efficiency.
Elevated building means a building built to have the lowest floor elevated above the ground level
by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), shear walls,
or breakaway walls. Elevated buildings do not have basements.
Elevation means:
(1) The vertical distance above or below a fixed reference level; or
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(2) A flat scale drawing of the front, rear, or side of a building or structure.
Eminent domain means the authority of the village or other government agency to take, or to
authorize the taking of, private property for public use, with just compensation to the owner.
Engineer, registered(civil), means a professional engineer registered by the state.
Enlargement and to enlarge. An enlargement is an addition to the floor area of an existing
building, an increase in the size of any other structure, or an increase in that portion of a tract of
land occupied by an existing use. To enlarge is to make an enlargement.
Erect means to build, construct, attach, hang, place, suspend, or affix, and shall also include the
attachment of wall signs.
Erosion means the detachment and movement of soil or rock fragments by water, wind, and/or
gravity.
Establishment means an economic unit, generally at a single physical location, where business is
conducted or services are offered.
Facing and surface mean the surface of the sign upon, against, or through which the message is
displayed or illustrated on the sign.
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.
Financial institution means establishments such as, but not limited to, banks and trust
companies, credit agencies, investment companies, brokers and dealers of securities and
commodities, security and commodity exchanges and brokers, and other similar uses.
Fixed ceiling-mounted sign means a sign affixed directly to the ceiling of an exterior walkway
and confined within the limits thereof.
Flea market means an occasional or periodic sales activity held within a building, structure, or
open area where groups of individual sellers offer goods, new and used, for sale to the public, not
to include private garage sales or special indoor/outdoor events, i.e., cultural events, arts and
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crafts fairs or bazaars and charitable events.
Flood and flooding mean a general and temporary condition of partial or complete inundation of
normally dry land areas from:
(1) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
Floor area. See net floor area, gross floor area, gross leasable area, ground floor area.
Foster care facility means a licensed (i.e., by the state department of health and rehabilitative
services) residential unit, otherwise meeting the requirements of this chapter, where a family
living environment is provided for individuals unrelated by blood or legally to the householder.
The total number of residents within the facility, including permanent occupants and foster care
occupants, shall not exceed 1.01 persons per room, excluding bathrooms, kitchens and utility
rooms.
Frangible wall. See breakaway wall.
Freestanding sign means a self-supported structure attached to the ground, and not attached or
fixed in any way to a building, entrance wall feature, or any other structure.
Frontage for buildings means the linear dimension of a building which faces upon a public
street, and is roughly parallel to it. Where a building faces two or more streets, the frontage
containing the principal roadway street address shall be designated as the building frontage.
See section 78-284 regarding application of "Frontage" to wall and fence placement on corner
lots. See section 46-73 and 46-74 regarding application of "Frontage" to vehicle and equipment
parking on corner lots in the R-1 A, R-1, R-2 and R-3 zoning districts.
Full-service fuel station means a retail establishment which primarily sells, dispenses and installs
automotive fuels and lubricants and products. Such establishments may include the sale of
typical convenience store items, but must sell and install tires, batteries, lubricants, similar
accessories and products, and perform minor repair work and services in order to maintain its
definition, classification, and regulation as a full-service fuel station.
Funeral home means a building used for the preparation of the deceased for burial and the
display of the deceased and ceremonies connected therewith before burial or cremation.
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Garage means a building or portion thereof other than a private or storage garage, designed or
used for equipping, servicing, repairing, or storing motor-driven vehicles internally and enclosed
within the building.
Garage apartment means an accessory building which contains living facilities for not more than
one family, and a private garage for one or more automobiles.
Garage, parking, means a building or portion of a building, or area beneath a building or
structure, except those described as a private garage, used for the parking only of automotive
vehicles.
Garage, private means a building or space used as an accessory to or a part of a main building
permitted in any residence district, and providing for the storage of motor vehicles and in which
no business, occupation or service for profit is in any way conducted.
Gas station means a retail establishment which sells automotive fuels, oils and lubricants only,
with no sale or installation of tires, batteries or similar accessories. A gasoline station is not a
full-service fuel station or a convenience store. (For additional reference, see also full-service
fuel station).
General service and repair means a service establishment which provides for the drop-off of
household items to be repaired or otherwise serviced, such as computer servicing, cellular
telephone repair or vacuum cleaner repair. The term does not include service or repair of major
appliances, lawnmowers or other similar small engine items.
Governmental use means public land areas and facilities which are utilized for daily
administration and operation of government business which house personnel, records, equipment
and the like belonging to the local, county, state, or federal government, or special district or
agency.
Grade means a reference plane representing the average finished ground level adjoining the
building at all exterior walls.
Grade, highest adjacent. See highest adjacent grade.
Greenhouse means an enclosed building, permanent or portable, which is used for the growth of
small plants.
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Gross acre. See acre, gross.
Gross floor area means the sum of the total areas taken on a horizontal plane of a floor or several
floors of a building measured between the outside face of the exterior walls, exclusive of areas
open and unobstructed to the sky. Gross floor area is used by the village for determining
valuation for the issuance of a building permit.
Gross leasable area (GLA) means the total floor area designed for tenant occupancy and
exclusive use, including basements, mezzanines, and upper floors, if any, expressed in square
feet and measured from the centerline of joint partitions and from outside wall faces. GLA is all
that area on which the tenants pay rent; it is the area producing income, and is the square footage
amount used by the village for determining required parking area. GLA includes all areas less
common areas (see Common area).
Ground coverage. See lot coverage.
Ground floor area means the square foot area of a building within its largest outside dimensions,
exclusive of open porches, breezeways, terraces, garages, exterior stairways, secondary
stairways, and drive-through teller lanes or walk-up windows of financial institutions only.
Ground floor area is the total area used by the village in determining the percentage of lot
coverage.
Group home means a dwelling unit licensed by the state department of health and rehabilitative
services which provides a living environment for six or fewer residents, which may be unrelated,
who function as a family living unit, including such supervision and care with supportive staff
necessary to meet physical, emotional and social needs of the residents.
Health care facility or medical or dental office means providing health care services to the public
by physicians, dentists, chiropractors, osteopaths, physical therapists, nurses, acupuncturists,
podiatrists, optometrists, psychiatrists, (who are also known as health care practitioners) or
others who are duly licensed to practice their respective medical or dental profession in the State
of Florida, as well as others, including but not limited to technicians and assistants, who are
acting under the supervision and control of a licensed health care practitioner.
Height of building or structure. See building, height of.
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Highest adjacent grade means the highest natural elevation of the ground surface, prior to
construction, next to the proposed walls of a structure, if the finished grade is level. If the
finished grade is not entirely level, the grade shall be determined by averaging the elevation of
the ground at each face of the building, or as otherwise determined by the building official.
Highway means a major arterial roadway or thoroughfare with intersections at grade and direct
access to abutting property, primarily designed for through traffic, on a continuous route, and not
having access control (example: U.S. #1).
Hospital means a facility licensed by the state providing primary health services and medical or
surgical care to persons, primarily inpatients suffering from illness, disease, injury, deformity,
other abnormal physical or mental conditions, chemical or substance dependency or abuse, and
including, as an integral part of the institution, related facilities such as laboratories, outpatient
facilities and training facilities.
Hotel means any building principally containing sleeping rooms in which transient guests are
lodged with or without meals, with no provisions made for cooking in any individual room or
suite. Such facility may have one or more dining rooms, restaurants or cafes as accessory uses.
Such facility also would, structurally, and for purposes of safety, be obliged to conform to the
laws of the state regulating hotels.
Housing conditions includes conditions as follows:
(1) Standard condition means a residential structure meeting all minimum standards for basic
equipment and facilities as set forth in the standard housing code, latest adopted edition.
(2) Substandard condition means a residential structure which does not meet all minimum
standards for basic equipment and facilities as set forth in the standard housing code, latest
adopted edition, and where the costs of rehabilitation, renovation or code compliance are valued
at less than 50 percent of the assessed value of the structure.
(3) In need of replacement means a residential structure which does not meet all minimum
standards for basic equipment and facilities as set forth in the standard housing code, latest
adopted edition, and where the costs of rehabilitation, renovation or code compliance are valued
at greater than 50 percent of the assessed value of the structure.
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Identification sign means a sign used to identify a dwelling or its occupants. Identification signs
are not used to advertise services and goods provided.
Illuminated sign means any sign which has characters, letters, figures, designs or outline
illuminated by electric lights, or from a remote position.
Impervious surface. Impervious surfaces are those which do not absorb water. They consist of all
buildings, parking areas, driveways, roads, sidewalks and any areas of concrete or asphalt.
Improvement means any building, structure, place, work of art, or other object constituting a
physical betterment of real property, or any part of such betterment.
Improvement, substantial. See substantial improvement.
Incombustible material means any material which will not ignite at or below a temperature of
1,200 degrees Fahrenheit and will not continue to burn or glow at that temperature.
Incompatible use means a use which is incapable of existing in harmony with other uses situated
in its immediate vicinity.
Indoor amusement means establishments engaged in providing entertainment indoors for a fee or
admission charge, including such activities as bowling, pool, billiards, or arcades which feature
coin-operated or token-operated devices, such as pinball and video games, with three or more
devices.
Indoor storage means the keeping of any goods, materials, merchandise or supplies as an
accessory use to any retail, office, or service use. Any retail, office, or service use shall not
devote more than 35 percent of its gross floor area to indoor storage.
Institutional use means a nonprofit corporation or a nonprofit establishment for public use.
Intent means the objective toward which any section of this chapter strives or for which it exists.
Intersection means any street or public way or court which joins another at an angle, whether or
not it crosses the other.
Kindergarten, pre-school, means a school designed to provide daytime care or instruction for
four or more children from ages two to five years, and operated on a regular basis for the purpose
of serving as an orientation for school by accustoming them to a new social environment through
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varied experiences planned to develop manipulative skills, motor coordination, and social
awareness.
Kitchen means a space used or designed to be used for the preparation of food.
Kitchen, central, means a common space used or designed to be used for the preparation of a
large quantity of food to the tenant population of the establishment in which such common
kitchen is located.
Landscape plan means plans and drawings showing the location of buildings, structures,
pedestrian, transportation, or environmental systems, and the detail for placement of site
amenities, accessibility components, plantings and other tangible objects. Plans shall include
installation details for plant materials, soil amendments, mulches, edging and other similar
materials. Plans shall be numbered, dated, North arrow indicated, scaled, and sealed by an
appropriately licensed professional where required by F.S. Chapter 481, rare 1I.
Landscape strip means a strip of land along the perimeter of the site containing trees, barriers,
ground cover and/or other plant material.
Landscaping shall consist of any combination of living plants (such as grass, ground cover,
shrubs, vines, hedges, or trees) and non-living landscape material (such as rocks, pebbles, sand,
mulch or decorative paving materials). Non-living landscape material shall not be used as major
landscape ground cover. In no case shall these materials exceed ten percent of the landscaped
area.
Laundromat means an establishment providing washing, drying or dry cleaning machines on the
premises for rental (self service) use to the general public for family laundering or dry cleaning
purposes.
Laundry means a service establishment which provides for the drop-off of clothing, linens, and
the like to be washed, dry cleaned, ironed, mended, or repaired with no machines or equipment
for the dyeing of same, and specifically no machines or equipment available for self-service
directly by the consumer.
Loading space, off-street, means an off-street loading space not less than 12 feet wide and 50 feet
long, and having a minimum vertical clearance height of 14 feet, exclusive of access aisles and
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drives, for the shortterm parking of a vehicle while loading or unloading merchandise or
materials.
Lot means a parcel of land occupied or to be occupied by one main building or buildings and
their accessory buildings with such open and parking spaces as may be required by provisions of
this chapter, and having their principal frontage upon a public or private street.
Lot area means the area contained within the boundary lines of a lot.
Lot, building, means land occupied or to be occupied by a building and its accessory buildings,
or by a dwelling group and its accessory buildings, together with such open spaces as are
required under the provisions of this chapter, having not less than the minimum area and width
required by this chapter for a lot in the district in which such land is situated, and having its
principal frontage on a street or on such other means of access as may be determined in
accordance with the provisions of the law to be adequate as a condition of the issuance of a
building permit for a building on such land.
Lot, corner, means a lot abutting two or more streets at their intersection.
Lot coverage means that portion of the area of a lot, plot, or building site, expressed as a
percentage, occupied by all buildings or structures which are roofed or are otherwise covered,
exclusive of its eaves, and any portion of such building covered by a roof which qualifies as open
space or any covered terrace, balcony, breezeway or porch or portion thereof not included in the
floor area of a building shall be included in lot coverage. For example, a lot containing 10,000
square feet has principal and accessory buildings planned or existing whose ground-floor area
(footprint) is 2,500 square feet; thus lot coverage is 25 percent. Unscreened patios or swimming
pools shall not be considered in computing lot coverage. Screened-in pools or patios shall be
considered in computing lot coverage, but shall be computed as only 50 percent of their actual
coverage.
Lot depth means the mean horizontal distance between the front lot line and the rear lot line of a
lot measured within the lot boundaries. For the R-3 zoning district only, the definition for lot
depth is as follows: A minimum lot depth of 200 feet, existing on that portion of a lot where the
foundation for primary or accessory structures is to be constructed, is required before building
permits will be issued in the R-3 district. Lot depth is defined as the mean horizontal distance
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between the front lot line and the rear lot line of a lot measured within the lot boundaries. The
term "primary or accessory structure" shall not include walls, paved parking or decorative
features. The determination of minimum lot depth shall not include submerged lands,
conservation easement areas, protected wetlands, or similar environmentally protected areas.
Accessory structures not exceeding ten feet in height may be constructed on lots with less than
the minimum lot depth, with approval of the village council.
Lot frontage means the portion of a lot nearest the street; also the front property line. Where a
building has two sides that face two or more streets, the side associated with the street address
shall be designated as having lot frontage, or the front property line. See section 78-
284 regarding application of "Frontage" to wall and fence placement on corner lots. See section
46-73 and 46-74 regarding application of"Frontage" to vehicle and equipment parking on corner
lots in the R-IA, R-1, R-2 and R-3 zoning districts.
Lot, interior, means a lot other than a corner lot.
Lot line means a line bounding a lot which divides one lot from another or from a street or any
other public or private space.
Lot line, rear, means that lot line which is parallel to and most distant from the front lot line of
the lot. In the case of an irregular, triangular, or gore-shaped lot, a line 20 feet in length, entirely
within the lot, parallel to and at the maximum possible distance from the front line shall be
considered to be the rear lot line. In the case of lots which have frontage on more than one road
or street, the rear lot line shall be opposite the lot line along which the lot takes access to a street.
Lot line, side, means any lot line other than a front or rear lot line.
Lot line, street, in the case of a lot abutting only one street, means the street line separating such
lot from such street. In the case of a double frontage lot, each street line separating such lot from
a street shall be considered to be the front lot line, except where the rear yard requirement is
greater than the front yard requirement in which case one of two opposing yards shall be a rear
yard.
Lot of record means a part of the land subdivision, the map of which has been recorded in the
office of the clerk of the court of the county.
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Lot split means the subdivision of a single lot or parcel of land into two lots or parcels.
Lot, through, means a lot, other than a corner lot, having frontage on more than one street.
Lot width means the mean horizontal distance between the side lot line measured at right angles
to those side lot lines at the building line. Where there is only one side lot line, lot width shall be
measured between such lot line and the opposite lot line or future right-of-way line.
Lounge means a building, or portion of a building, wherein alcoholic beverages are sold by the
drink and consumed on the premises. May also be referred to as a bar.
Main building. See building,principal.
Major structure. See structure, major.
Maneuvering space means the unobstructed area needed for a truck to back in a single movement
directly from the access street into a loading space, the depth of which is measured perpendicular
to and from the front of the loading space to the curb side of the most remote traffic lane in the
access street.
Manufactured home means a structure, transportable in one or more sections, which is eight feet
or more in width and greater than 400 square feet, and which is built on a permanent, integral
chassis and is designed for use with or without a permanent foundation when attached connected
to the required utilities. The term also includes trailers, travel trailers, and similar transportable
structures placed on a site for 180 consecutive days or longer and intended to be improved
property. The term does not include a "recreational vehicle" or "park trailer."
Manufactured housing. See manufactured home.
Map, official zoning. See official zoning map.
Marijuana means all parts of any plant of the genus Cannabis, whether growing or not; the seeds
thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant or seed or resin, including low-THC cannabis,
which are dispensed from a medical marijuana treatment center for medical use by a qualified
patient marijuana includes any strain of cannabis or marijuana, in any form, that is authorized by
state law to be dispensed or sold in the State of Florida. Also referred to as "medical marijuana."
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Marina facilities includes facilities for wet storage and the docking of pleasure crafts for
residential purposes. Marina facilities may include a marina, boat dock and yacht club. The yacht
club may provide a restaurant, lounge, ships chandler and other club facilities as an accessory
use to the marina, boat dock or yacht club facility. Marina facilities are allowed only as special
exception in R-2 and R-3 multiple-family dwelling districts, for properties within such zones
which are contiguous to the intracoastal waterway, subject to the regulations and restrictions of
the zoning district and the requirements for special exceptions.
Marquee. See canopy.
Massage means the manipulation of the superficial tissue of the human body with the hand, foot,
arm, or elbow, whether or not such manipulation is aided by hydrotherapy or thermal therapy, or
any electrical or mechanical device, or the application to the human body of a chemical or herbal
preparation.
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-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 water level line means the intersection of the tidal plane of mean low water with the shore
or canal edge.
Mean sea level (MSL) means the National Geodetic Vertical Datum (NGVD) of 1929, or other
datum, to which base flood elevations shown on the flood insurance rate map (FIRM) are
referenced.
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Medical marijuana treatment center means any facility licensed by the Florida Department of
Health to acquire, cultivate, possess, process (including but not limited to development of related
products such as food, tinctures, aerosols, oils, or ointments), Transfer, transport, sell, distribute,
dispense, store, or administer marijuana, products containing marijuana, related supplies, or
educational materials, as authorized by state law. A medical marijuana treatment center may
include retail sales or dispensing of marijuana. A facility which provides only retail sales or
dispensing of marijuana shall not be classified as a medical marijuana treatment center under this
chapter. Also may be referred to as a "medical marijuana treatment facility" or "dispensing
organization" or other similar terms recognized by state law. Medical marijuana treatment
centers are permitted uses confined to the C-3 general commercial district.
Medical marijuana treatment center dispensing facility means a retail establishment, licensed by
the Florida Department of Health as a "medical marijuana treatment facility," "medical
marijuana treatment center," "dispensing organization," "dispensing organization facility" or
similar use, that sells and dispenses marijuana, products containing marijuana, or related
supplies, but does not engage in any other activity related to preparation, wholesale storage,
distribution, transfer, cultivation, or processing of any form of marijuana or marijuana product,
and does not allow on-site consumption of marijuana. A medical marijuana treatment center shall
not be construed to be a medical marijuana treatment center dispensing facility. Medical
marijuana treatment center dispensing facilities are not permitted anywhere within the
boundaries of the village.
Microbrewery means a small, independently owned brewery that produces limited quantities of
specialized beers for consumption on the premises, or for sale in packages for later consumption
off the premises. A microbrewery may also, in conjunction with the sale of beer for consumption
on the premises, sell wine by the glass or carafe for consumption on the premises.
Minimum living area means the area within the outside perimeter of the exterior walls with no
deduction for corridors, stairs, closets, thickness of walls, columns or other features, exclusive of
areas open and unobstructed to the sky, and not include garages, carports, open porches, open
breezeways, or store rooms, or screened-in porches, or basements.
Minor structure. See structure, minor.
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Mixed-use district. Mixed-use districts are urban or suburban areas physically understood and
limited in size where there are residences, shops, workplaces, and places in which streets serve
the needs of the pedestrian and the automobile equitably; areas providing parks and plazas for
informal social activity and recreation; areas in which private buildings form a clear edge
between the public and the private realms; and places where civic buildings and squares
reinforce the identity of the neighborhood.
Mixed-use zoning means zoning which permits a combination of usually separated uses within a
single development.
Mobile home. See manufactured home.
Motel means a building or group of buildings which contain sleeping accommodations for
transient occupancy, and which has individual entrances from outside the building to serve each
such sleeping unit. No provisions shall be made for the cooking in any individual room or suite
of rooms. Motels may have one or more dining rooms, restaurants or cafes as accessory uses.
Motor home. See recreational vehicle.
Motor vehicle dealer means the use of any building, land area or other premises for the display
and sale of new passenger motor vehicles, including repair facilities, rental facilities and the
carrying of stock for replacement parts, tires, batteries and automotive accessories. The sale of
used motor vehicles shall only be permitted as an accessory use to new motor vehicle
dealerships. 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 is prohibited. A motor vehicle
dealer must be in possession of a state department of motor vehicles franchised motor vehicle
dealer license.
Multiple family dwelling. See dwelling, multiple.
Museum means a nonprofit noncommercial establishment operated as a repository or a collection
of nature, scientific, or literary curiosities or objects of interest or works of art, not including the
regular sale or distribution of the ob.ects collected.
National Geodetic Vertical Datum (NGVD), means a geodetic datum network established by the
National Oceanic and Atmospheric Administration (NOAA) and frequently referred to as the
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Agenda Item #4.
1929 mean sea level datum, as adjusted.
Net f oor area means the area actually occupied, not including accessory unoccupied areas such
as corridors, stairs, closets, thickness of walls, columns, toilet rooms, mechanical areas, or other
similar features.
New construction means structures for which the start of construction commenced on or after the
effective date of the ordinance from which this chapter is derived.
Non-commercial speech means any sign wording, logo, or other representation or image that is
not commercial. Examples of non-commercial speech include, but are not limited to, expressions
of an idea, sentiment, issue, or image, or promotions related to community events, civic projects,
political candidacy, or political matters.
Nonconforming use means any building, structure, or land lawfully occupied by a use at the
effective date of the ordinance from which this chapter is derived or at the effective date of an
amendment thereto which does not conform after the passage of such ordinance or amendment
with the use requirements of the district in which it is situated.
Nonhabitable major structure. See structure, nonhabitable major.
Nuisance means the use of property or course of conduct that interferes with the legal rights of
others which shall cause damage, annoyance, or inconvenience, or tend to injure the health,
safety, or morals of village residents.
Nursery means an enterprise, establishment, or portion thereof which conducts the retail or
wholesale sale of plants grown on the site, as well as accessory items (but not power equipment
such as gas or electric lawnmowers and farm implements) directly related to their care and
maintenance. The accessory items normally sold include items such as clay pots, potting soil,
fertilizers, insecticides, hanging baskets, rakes, and shovels.
Nursing, convalescent extended care facilities means a building, or a group of buildings, where
for compensation pursuant to the previous arrangement, care is offered or provided for three or
more persons suffering from illness, other than a contagious disease, or sociopathic or
psychopathic behavior, which is not of sufficient severity to require hospital attention, or for
three or more persons requiring further institutional care after being discharged from a hospital,
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other than a mental hospital.
Occupancy pertains to and is the purpose for which a building is used or intended to be used. A
change of occupancy is not intended to include a change of tenants or proprietors.
Off-premise sign means any sign mounted on a building, wall, or freestanding structure
advertising an establishment, activity, product, service or entertainment which is sold, produced,
manufactured, available or furnished at a place other than on the property on which said sign is
located. See also - Billboard.
Official zoning map means the graphic document bearing the official seal and signature of the
village, which depicts the geographic location of zoning districts, is formally adopted as a part of
this chapter, and is referred to as the Village of Tequesta Official Zoning Map.
Off-street parking means the minimum off-street, on-site parking of vehicles which shall be
provided under the appropriate terms of this chapter.
On-site means located on the lot in question, except in the context of on-site detention, when the
term means within the boundaries of the development site as a whole.
Open space means that part of a lot, including courts or yards, which is open and unobstructed
and is available for entry and use from its lowest level to the sky, and is available for entry and
use by the occupants of the buildings on the premises and may include space located and treated
to enhance the amenity of the development by providing landscaping and/or screening for the
benefit of the occupants or neighboring areas. Open space may include water surfaces that
comprise not more than ten percent of total open space; however, required parking shall not be
computed as required open space.
Open space, civic means an outdoor area that is maintained as an urban amenity and is accessible
to the general public during reasonable hours. Civic open spaces typically take the form of a
green, a plaza, a playground, a square or others.
Open storage. See storage, open.
Outbuilding means a separate building or accessory structure not physically connected to the
principal building.
Outdoor sale means the selling of any goods, material, merchandise, or vehicles, for more than
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24 hours, in an area open to the sky and/or visible from adjacent properties or rights-of-way.
Outparcel means a tract of land of any size or dimension which is not included in a land
development proposal or site plan and is specifically indicated as such on the proposal or plan.
Overlay district means an area of land for which there are uniform regulations governing the use
of buildings and premises, density of development, yard requirements, and height limitations.
Overlay districts are layered on top of certain portions of existing zoning districts, and apply
additional or different standards to all areas within the overlay.
Parking lot means an off-street facility used for the storage or parking of motor vehicles to
provide an accessory service to a commercial, industrial, or residential use.
Party wall means a wall used or adapted for joint service between two buildings or units.
Performance guarantee means a financial guarantee to ensure that all improvements, facilities,
or work required by this chapter will be completed in compliance with this chapter, other
regulations, and the approved plans and specifications of a development.
Permanent sign means any sign that, when installed, is intended for permanent use. Where it is
not otherwise specified by this chapter, any sign with an intended use in excess of one year from
the date of installation shall be deemed a permanent sign.
Personal services means establishments primarily engaged in providing services that involve the
care of a person or his appearance. Such services may include, but are not necessarily limited to,
beauty parlors, shops or salons, barbershops, massage parlors, personal training and fitness
studios, or any similar use that does not involve the sale of any retail product.
Pier shall have the same meaning as "dock."
Place of assembly means a building, portion of a building or other site in or at which facilities
are provided for civic, fraternal, educational, political, religious, cultural or social purposes. As
set forth more fully in article VI, schedule of district regulations, division 2, schedule of use
regulations, places of assembly are generally permissible throughout the village pursuant to the
following table:
Places of Assembly Table
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Use Building R- R- R- R- C-1 G2 C-3 MU R/
Capacity Sq. Ft. IA 1 2 3 OP
A Places of Max. 750 sq. SE SE P p p 1 p 1 p 1 p 1 p 2
assembly ft.
B Places of Max. 1,500 SE SE SE SE SE 1 p 1 p 1 p ' p 2
assembly sq. ft.
C Places of Min. 1,515 sq. SE SE SE SE SE 1 SE 1 SE 1 SE 1 P z
assembly ft.
PPermitted uses. SE—Special exception uses.
Notes:
1 Place of assembly shall be within a separate, freestanding building in C-1, G2, C-3 and MU
zoning districts.
2 All permitted uses in the R/OP zoning district are subject to special exception review as
required by Sec. 78-179(d).
Planned mixed-use development (PMUD) means a unified development process that permits a
mixture of land uses to develop in a creative, vital and diverse way. Residential, commercial and
public buildings and facilities are the primary uses in this development approach. Neighborhood
identity is emphasized in mixed-use areas and responsible use of the environment and natural
features is required. All modes of traffic, including vehicular, pedestrian, and bicycle, are
integrated into and connect various uses. The mix and intensity of uses and the property
development standards (with the exception of building height which is limited to a maximum six
stories or 84 feet) can be fully negotiated with the village to provide optimum development
flexibility in mixed-use areas.
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Plat means a map, plan or layout of the village, section or subdivision indicating the location and
boundaries of individual properties.
Plot means a parcel of ground containing more than one lot upon which a building and its
accessory buildings have been or may be erected.
Porch, open, means a roofed open structure projecting from the outside wall of a building
without window sash or any other form of permanent enclosure.
Premises means land and all buildings and structures thereon.
Pre-school facility means an educational center or establishment, including kindergarten, which
provides primarily instruction, supplemented by daytime care, for four or more children between
the ages of two and seven years, and which operates on a regular basis.
Principal building. See building,principal.
Principal use. See use,principal.
Private dock means a dock or pier which is used for the private leisure purposes of the residents
of a single-family or multifamily dwelling unit located on a contiguous riparian parcel and does
not produce income.
Private garage. See garage,private.
Private museum means a building used as a private display space for a personal collection of
automobiles, art, or other memorabilia. The use of the space shall be private and not open to the
public.
Professional office means the office of a person engaged in any occupation, vocation, or calling,
not purely commercial, mechanical, or agricultural, in which a professed knowledge or skill in
some department of science or learning is used by its practical application to the affairs of others,
either advising or guiding them in serving their interest or welfare through the practice of an art
founded thereon. This definition does not include veterinary offices nor does it include health
care facility or medical or dental offices.
Professional service means the conduct of business in any of the following related categories:
architectural, engineering, planning, law, music, art, interior design, accounting, insurance, real
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Agenda Item #4.
estate, finance and securities investments and any similar type business. This definition does not
include veterinary offices, health care facilities, or medical or dental offices.
Public agency means any government or governmental agency, board, commission, authority or
public body of the village, the county, the state, or the United States government, or any legally
constituted district.
Public buildings and facilities means any building held, used, or controlled exclusively for
public purposes by any department or branch of government, federal, state, county or municipal,
without reference to the ownership of the building or land upon which it is situated. This
definition includes "publicly owned community buildings."
Public improvement means any improvement, facility, or service, together with customary
improvements and appurtenances thereto, necessary to provide for public needs, such as
vehicular and pedestrian circulation systems, storm sewers, flood control improvements, water
supply and distribution facilities, sanitary sewage disposal and treatment, and public utility and
energy services.
Public use means the use of any land, water, or building by a public agency for the general
public.
Public utility includes any publicly or privately owned utility, such as, but not limited to, storm
drainage, sanitary sewers, electric power, water service, gas service, and telephone lines, whether
underground or overhead.
Railroad right-of-way means a strip of land with tracks and auxiliary facilities for track
operation, but not including freight depots or stations, loading platforms, train sheds,
warehouses, car or locomotive shops, or car yards.
Railway station. Most pedestrian pocket ordinances provide a reserved site for the location of a
railway station under "Transportation Building." These are buildings for passenger mobilization,
and food services, and premises for the repair, assembly or fabrication of artifacts may also be
allowed as complementary functions within the same structure. It is not intended as a plastic
terminal building of the kind found in most suburban bus stations but as a permanent structure
that dignifies our existence.
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Recorded lot. See lot of record.
Recreational vehicle means a vehicular type unit primarily designed for recreational, camping, or
travel use, which either has its own motive power or is mounted on or drawn by another vehicle.
The basic entities are travel trailers, camping trailers, truck campers, buses, motor homes, boats,
boat trailers, private motor coaches, van conversions, park trailers, fifth wheel trailers and all-
terrain vehicles (ATVs).
Recreation/open space use means any privately or publicly owned passive or active park,
playground, golf course, access easement, beach, parkway, or other recreation areas and open
space as well as areas designated as such in the recreation/open space zoning district.
Redevelopment, major, means alteration, extension, enlargement or renovation which has a
redevelopment cost which equals or exceeds 50 percent of the assessed value of the existing
development prior to commencing any redevelopment activity.
Redevelopment, minor, means alteration, extension, enlargement or renovation which has a
redevelopment cost which is less than 50 percent of the assessed value of the existing
development prior to commencing any redevelopment activity.
Rehabilitation facility means a State of Florida licensed facility that provides rehabilitation care
for clients who are 18 years of age or older. The primary purpose of a rehabilitation facility is to
provide treatment for drug and alcohol addiction and eating disorders; however, the
rehabilitation facility must be a dual diagnostic facility staffed and equipped to provide treatment
for co-occurring disorders. Rehabilitation facilities may also provide programs that promote
client health, wellness and overall lifestyle enhancements. Rehabilitation facilities must provide
a structured residential living environment for residential clients which includes the following
features: 24-hour on-site security; 24-hour patient supervision by licensed nursing staff and
quality of life services such as swimming pools, garden areas, sport-courts, exterior patios or
sitting areas, community living areas, meditation areas, fitness rooms, libraries, recreation rooms,
televisions, on-site food preparation, and telephone and internet service. Rehabilitation facilities
must provide rehabilitation care by means of short-term care treatment and extended care
treatment as needed, and may also provide follow-up care treatment and outpatient care
treatment to current residential clients, as well as a limited number of non-residential clients who
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were previously admitted to the rehabilitation facility for short term care treatment.
Rehabilitation facilities shall not admit or offer any services for individuals with a history of
violent behavior or threats to the public health, safety and welfare or the health, safety and
welfare of other clients. The following definitions apply to the definition of rehabilitation
facility:
(1) Rehabilitation cage means diagnosis and treatment for drug and alcohol addiction disorders,
eating disorders and physical, behavioral, mental or emotional issues that are directly attributed
to those disorders. Rehabilitation care does not include emergency or medical detoxification,
which is specifically considered a prohibited use. Should a rehabilitation facility client require
emergency or medical detoxification, this must be completed at an off-site facility prior to
beginning rehabilitation care.
(2) Short-term care treatment means a program of rehabilitation care designed for a minimum
residential stay of 30 calendar days.
(3) Extended care treatment means an additional program of rehabilitation care designed for a
minimum residential stay of 30 to 60 calendar days after completing short-term care treatment.
(4) Follow-up care treatment means a program of rehabilitation care designed for a residential
stay of one week, after completing either short-term care treatment or extended care treatment.
Follow-up care treatment must occur at the same rehabilitation facility where short-term care
treatment or extended care treatment was originally received. Follow-up care treatment is for
those clients who need additional structured treatment that does not require the clinical intensity
of short-term care treatment or extended care treatment. At any given time, Follow-up care
treatment shall not account for more than 25 percent of the rehabilitation facility's maximum
permitted residential occupancy for all levels of residential care. Follow-up care treatment can
also be in the form of electronic correspondence or tele-conferencing, and in such cases has no
limit or restrictions regarding the duration of the care, the location of the treatment or the number
of participating clients.
(5) Outpatient care treatment means a regimen of treatment that may include any or all of the
following services: group counseling, individual counseling, relapse prevention counseling, and
educational lectures. Outpatient care treatment may be offered at the following levels: "Day or
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Night with Community Housing" which provides a minimum of 25 hours of services per patient
per week; "Day or Night" which provides 12 24 hours of services per patient per week,
"Intensive Outpatient" which provides 9 11 hours of services per patient per week; and
"Outpatient" which provides less than nine hours of services per patient per week. At any given
time, outpatient treatment may only be provided to a maximum number of non-residential clients
equivalent to 25 percent of the rehabilitation facility's maximum residential occupancy for all
levels of residential care. Outpatient care treatment services can also be provided to the
rehabilitation facility's clients who are currently receiving short term care, extended care or
follow-up care, and in such cases the number of participating clients is only limited by the
rehabilitation facility's occupancy limits as set forth at subsection -180(1)(16).
(6) Emergency or medical detoxification means the elimination of toxins such as alcohol or
controlled substances from the body of individuals who require acute care and/or may have
serious health risks as a result of their substance abuse. Medical or emergency detoxification is
performed under the direct supervision of medical doctors and medical support staff, and may
include the administration of medication or tranquilizers in order to ease the withdrawal process.
Medical or emergency detoxification is a prohibited use in a rehabilitation facility.
Residence. See dwelling.
Residential use means use of land or structures thereon, or a portion thereof, as a dwelling place
for one or more families or households, including residential rehabilitation facilities in the MU
mixed-use district, but not otherwise including occupancy of a transient nature such as hotels,
motels, or timesharing rentals.
Restaurant. See retail food establishment.
Restaurant, formula means any establishment that is one of a chain or group of ten or more
restaurants in the nation, and which satisfies at least two of the following three descriptions:
(1) It has the same or similar name, trade name, or trademark as others in the chain or group;
(2) It has standardized and limited menus, ingredients, food and beverage preparation;
(3) It offers any of the following characteristics in a style that is distinctive to and standardized
among the chain or group:
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a. Exterior design or architecture;
b. Interior design; or
c. Uniforms, except that a personal identification or simple logo will not render the clothing a
uniform.
Restrictive, more (less). A regulation imposed by this chapter is more (less) restrictive than
another if it prohibits or limits development to a greater (lesser) extent or by means of more
(less) detailed specifications.
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
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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.
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.
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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.
(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.
Retail, formula means a type of retail sales activity or retail sales establishment with a
standardized array of services and/or merchandise, employee uniforms, decor, facade design,
signage, color scheme, trademark or service mark, name, or similar standardized features; and is
one of a chain or group of ten or more in the nation. Formula retail stores do not include
establishments providing professional services, including, but not limited to, real estate offices,
medical offices, dental offices, offices of health practitioners, banks, mortgage and securities
brokers, personal services, accounting services, appraisers, insurance agents, and interior
decorators.
Retail sales and service means the selling of goods in small quantities directly to the consumer in
establishments which provide a service or offer a product to the general public. This includes a
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Agenda Item #4.
pharmacy which means a retail establishment primarily offering goods for retail sale on-site
dispensing of prescription drugs, non-prescription drugs or both. A retail pharmacy may also
offer accessory services such as photo processing, eyeglass care, etc. This does not include a
medical marijuana treatment center or medical marijuana treatment center dispensing facility
which are specifically defined and provided for as separate and distinct uses.
(1) Large scale retail sales and services means retail and/or service uses that are regional
(beyond village limits) serving in nature as opposed to small scale retail sales and services which
are local (village) serving in nature. Large scale retail sales and services are tenant areas or
individually owned units in excess of 5,000 square feet.
(2) Small scale retail sales and service means retail and/or service uses that are local (village)
serving in nature as opposed to large scale retail sales and services which are regional serving in
nature. Small scale retail sales and services shall not exceed 5,000 square feet in gross leasable
area for each tenant area or individually owned unit.
Retail sales area means the area in square feet devoted exclusively to the sale or display of
goods or commodities.
Right-of-way means a street, alley or other thoroughfare or easement, whether physically
accessible or not, which has been permanently established or dedicated for the passage of
persons or vehicles. Title to this land remains with the public or private agency until the need no
longer exists.
Roadside stand means an area and/or structure, located abutting but not within any right-of-way
or easement, with no space for customers within the structure itself, for the display and sale of
goods and commodities.
Sandwich board sign means a movable sign not secured or attached to the ground; a self-
supporting A-frame sign.
School means a place for systematic instruction in any branch or branches of knowledge.
Seasonal high-water line means the line formed by the intersection of the rising shore and the
elevation of 150 percent of the local mean tidal range above mean high water.
Self-service laundry. See laundromat.
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Setback means the horizontal distance between the front line, side line, or rear line of the
building site to the front, side or rear of the building or structure respectively. Setback shall be
measured perpendicular to and parallel with property or right-of-way lines, except for properties
abutting Country Club Drive, wherein setbacks shall be measured perpendicular to and parallel
with property or the reduced right-of-way line, as measured from the point of intersection with
the 15-foot restrictive easement applicable to Country Club Drive.
Setback, centerline. See street centerline setback.
Shopping center means a group of architecturally unified commercial establishments, otherwise
allowed by this chapter, built on a site which is planned, developed, owned and managed as an
operating unit related in its location, size and type of shops to the trade area that the unit services.
Sign means any device, frame, letter, figure, character, mark, plane, point, design, picture, logo,
stroke, stripe, trademark, or reading matter that is used or intended to be used to attract attention
or convey information.
Single-family dwelling. See dwelling, single-family.
Site plan means a graphic and textural presentation of a developmental proposal in accordance
with the appropriate sections of this chapter.
Special exception means a use that would not be appropriate generally or without restriction
throughout the zoning district, but which, if controlled as to number, area, location, or relation to
the neighborhood, would promote the public health, safety, welfare, morals, order, comfort,
convenience, appearance, prosperity, or the general welfare of the district and the community.
Such uses may be permitted in such zoning district as special exceptions, only if specific
provision for such special exceptions is made in this chapter.
Start of construction means the date of issuance of a building permit for new construction and
substantial improvements to existing structures, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of
the date of the issuance. The actual start of construction means either the first placement of
permanent construction of a building (including a manufactured home) on a site, such as the
pouring of slabs or footings, the installation of piles, the construction of columns, or any work
beyond the stage of excavation or the placement of a manufactured home on a foundation.
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Permanent construction does not include land preparation, such as clearing, grading and filling;
nor does it include the installation of streets and/or walkways; nor does it include excavation for
a basement, footings, piers or foundations or the erection of temporary forms; nor does it include
the installation on the property of accessory buildings, such as garages or sheds not occupied as
dwelling units or not part of the main structure.
Storage, open, means the safekeeping of any goods or products in an unoccupied space open to
the sky for eventual removal not expected within 72 hours, or for continuous replacement by
same or similar goods or products.
Story means that portion of a building included between the upper surface of any floor and the
upper surface of the floor or roof next above, or if there is no floor above it, the space between
the floor and the ceiling above it.
Street means any public or private thoroughfare which affords the principal means of access to
abutting property. It may be designated on the map as a street, avenue, boulevard, drive, place,
court, road, terrace, way, circle, lane, walk, path or otherwise.
Street centerline means the line midway between the street right-of-way lines of the surveyed
and platted centerline of a street, which may or may not be the line midway between the existing
right-of-way lines or pavement.
Street centerline setback means the minimum distance measured from the street centerline
required for the preservation of existing right-of-way and future right-of-way expansion.
Street intersection. See intersection.
Street line means the line between the street and abutting property, also referred to as right-of-
way line.
Street tree means landscape plantings located along or within rights-of-way, which are
conducive to the aesthetics and safety of the right-of-way.
Structural alteration means any change in the supporting members of a building, such as bearing
walls or partitions, columns, beams, or girders, or any substantial change in the roof or in the
exterior walls, excepting such repairs or replacements as may be required for the safety of the
building.
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Structural trim means the molding, battens, capping, nailing strips, latticing, and platforms
which are attached to the sign structure.
Structure means a walled and roofed building that is principally above ground, a manufactured
home, a gas or liquid storage tank, or other manmade facility or infrastructure, or that which is
built or constructed; or an edifice or building of any kind or any piece of work artificially built
up or composed of parts joined together in some definite manner. This includes but is not limited
to platforms, radio towers, sheds, storage bins, tents and display signs. Fences and walls of less
than three feet in height and walkways and other landscaping elements such as birdbaths,
fountains and like items of less than three feet in height, flagpoles, lampposts, basketball
backboards, statues and mailboxes shall not be considered as structures.
Structure, accessory. See accessory structure.
Structure, major, includes but is not limited to residential buildings, commercial, institutional,
industrial, and other construction having the potential for substantial impact on coastal zones.
Structure, minor, includes but is not limited to pile-supported elevated dune and beach walkover
structures; beach access ramps and walkways; stairways; pile-supported, elevated viewing
platforms, gazebos, and boardwalks; lifeguard support stands; public and private bathhouses;
sidewalks, driveways, parking areas, shuffleboard courts, tennis courts, handball courts,
racquetball courts, and other uncovered paved areas; earth retaining walls; and sand fences,
privacy fences, ornamental walls, ornamental garden structures, aviaries, and other ornamental
construction. It shall be a characteristic of minor structures that they are considered to be
expendable under design wind, wave, and storm forces.
Structure, nonhabitable major, includes but is not limited to swimming pools; parking garages;
pipelines; piers; canals, lakes, ditches, drainage structures, and other water retention structures;
water and sewage treatment plants; electrical power plants, transmission and distribution lines,
transformer pads, vaults and substations; roads, bridges, streets, and highways; and underground
storage tanks.
Subdivision means the division of a parcel of land into three or more lots or parcels either by plat
into lots and blocks or by metes and bounds description for the purpose of transfer of ownership
or development, or, if a new street is involved, any division of a parcel of land. A lot split shall
45
Page 93 of 105
Agenda Item #4.
not, for purposes of this chapter, be considered a subdivision. However, if a property becomes
the subject of a lot split subsequent to the adoption of the ordinance from which this chapter is
derived, any subsequent lot split involving the same parcel or parcels of land shall be subject to
the subdivision requirements set forth in chapter 66.
Submerged land means land lying in or below the public waters of the state waterward of the
mean high-water line.
Substantial improvement means any repair, reconstruction, rehabilitation, addition or other
improvement of a building or structure, the cost of which equals or exceeds 50 percent of the
market value of the building or structure before the improvement or repair is started. If the
structure has incurred "substantial damage," any repairs are considered substantial improvement
regardless of the actual repair work performed. The term does not, however, include any project
for improvement of a building required to correct existing health, sanitary, or safety code
violations identified by the building official and that are the minimum necessary to assure safe
living conditions, or any alteration of a historic structure provided the alteration will not preclude
the structure's continued designation as a "historic structure" as that term is defined at section 78-
832.
Swimming pool means any structure designed for swimming, wading or other aquatic
recreational purposes, capable of containing a body of water 18 inches or more in depth and 40
square feet or more of water surface area, and with the top edge of the pool not to exceed two
feet above average finished grade.
Temporary sign means any one of the types of signs specifically listed within these regulations
as an allowed temporary sign, capable of being removed and not intended to be a permanent
sign.
Temporary use. See use, temporary.
Terrace means an open porch without a permanent roof.
Theater means a building, or part of a building, devoted to showing motion pictures, or for
dramatic, musical or live performances.
Three-foot mean low-water line means the line formed by the intersection of a plane three feet
46
Page 94 of 105
Agenda Item #4.
below the tidal plane of mean low water with the shore.
Timeshare means the use of any residential dwelling unit under which the exclusive right of use,
occupancy or possession of such unit circulates among various occupants in accordance with a
fixed time schedule on a periodically occurring basis for a period of time established by such
schedule.
Townhouse means a single-family dwelling constructed in a series or group of attached units
with property lines separating each unit.
Trailer means a separate vehicle, not driven or propelled by its own power, but drawn by some
independent power, to include any portable or movable structure or vehicle including trailers
designed for living quarters, offices, storage, or for moving or hauling freight, equipment,
animals, or merchandise of any kind, including boats, boat trailers, swamp buggies, half-trucks
and the like.
Transparency, facade means the amount of transparent window glass or other openings in a
building's facade along a street frontage, relative to the overall surface area of the facade. This
ratio is expressed as a percentage and is calculated separately for the ground story of a facade
and for each upper story.
Travel trailer means any vehicle or structure designed and constructed in such manner as will
permit occupancy thereof as sleeping quarters for one or more persons, and so designed that it is
or may be mounted on wheels and used as a conveyance on streets or highways, propelled or
drawn by its own or other motive power. Such vehicles or structures shall have a body width not
exceeding eight feet, and a body length not exceeding 45 feet.
Trim. See structural trim.
Two-family dwelling. See duplex.
Use means the purpose or activity for which land or any building thereon is designed, arranged,
or intended, or for which it is occupied or maintained.
Use, accessory, means a use which:
(1) Is subordinate to and serves a principal structure or a principal use;
47
Page 95 of 105
Agenda Item #4.
(2) Is subordinate in area, extent, and purpose to the principal structure or use served;
(3) Is located on the same lot as the principal structure or use served except as otherwise
expressly authorized by provisions of this chapter; and
(4) Is customarily incidental to the principal structure or use.
Use,principal, means the specific primary purpose or function for which land is used.
Use, temporary, means a use which is established for a fixed period of time with the intent to
discontinue such use upon the expiration of such time. Such uses do not involve the construction
or alteration of any permanent structure.
Vacation rental means any unit or group of units in a condominium or cooperative or any
individually or collectively owned single-family, two-family, or multiple-family house or
dwelling unit that is also a transient public lodging establishment as defined in F.S. § 509.013,
and is located in an area zoned R 1-A, R-1, R-2, or R-3 but that is not a timeshare project.
Vacation rental use does not include hotels, motels, and RV spaces.
Variance means a variation from the district requirements of this chapter which is granted by the
planning and zoning board or the village council, as applicable, where such variance will not be
contrary to the public interest and where, owing to conditions peculiar to the physical
characteristics of that particular property and not the result of the actions of the owner, agent, or
applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship.
Vehicle means any self-propelled conveyance designed for and used for the purpose of
transporting or moving persons, animals, freight, merchandise, or any substance, and shall
include passenger cars, trucks, buses, motorcycles, and scooters, and recreational vehicles.
(1)New motor vehicle means a motor vehicle, the equitable or legal title to which has never been
transferred by a manufacturer, distributor, importer or dealer to an ultimate purchaser.
(2) Used motor vehicle means a motor vehicle, the equitable or legal title to which has been
transferred by a manufacturer, distributor, importer or dealer to an ultimate purchaser.
Veterinary office means a state licensed facility for the medical and/or surgical treatment and
care of animals. Such facilities may include animal boarding associated with medical or surgical
treatment; however, any such boarding must occur inside the facility. General boarding that is
48
Page 96 of 105
Agenda Item #4.
not associated with medical or surgical treatment is prohibited. Veterinary offices may include an
outdoor area for the walking of dogs or other animals receiving medical or surgical treatment at
the facility. Any such outdoor area must be located on the same lot or parcel as the veterinary
office and adjacent to the building.
Video sales and rental means commercial establishments engaged in the sale and rental of video
equipment, tapes and accessories for home entertainment.
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.
Wall, breakaway. See breakaway wall.
Wall sign means a sign attached to, or parallel to a wall, or erected and confined within the limits
of an outside wall of any building or structure, which is supported by such wall or building, and
which displays only one sign face.
Warehouse means a building used primarily for the storage of goods and materials.
Wholesale means the sale of goods or commodities usually in bulk or large quantities and usually
at a lower cost to a retailer for resale. Such sales activity takes place in establishments or places
of business primarily engaged in selling merchandise to retailers, to industrial, commercial,
institutional, or professional business users, or to other wholesalers, or acting as agents or
brokers and buying merchandise for, or selling merchandise to, such individuals or companies.
Yacht club means a building or other facility, including dockage, used for the organized
gathering of members and guests for the purpose of furthering their interest in small sailing or
mechanically propelled vessels used for pleasure cruises or racing.
Yard means the unoccupied and unobstructed open spaces on the same lot with the main building
49
Page 97 of 105
Agenda Item #4.
which extend from the ground upward.
(1) Front yard means the open space extending the full width of the lot, the depth of which is the
minimum horizontal distance between the front lot line and the nearest line of the main building.
(2) Rear yard means the open space extending the full width of the lot, the depth of which is the
minimum horizontal distance between the rear lot line and the nearest line of the main building.
(3) Side yard means the open space between the main building and the side lot line, extending
from the front yard to the rear yard, the width of which is the horizontal distance from the nearest
point of the side lot line to the nearest point of the main building.
Zero lot line means a development approach allowable only as part of an approved planned unit
development in which a building is sited on one or more lot lines with no yard. Conceivably,
three of the four sides of the building could be on the lot lines. The intent is to allow more
flexibility in site design and to increase the amount of usable open space on the lot.
Zone means the area within which certain uses of land and buildings are permitted and certain
others are prohibited, yards, and other open spaces are required, lot areas, building height limits,
and other requirements are established, all of the foregoing being identical for the zone in which
they apply (see also district).
Zoning ordinance refers to the Village of Tequesta, Florida, Comprehensive Zoning Ordinance
printed in this chapter, further known by short title as the official zoning ordinance of the Village
of Tequesta, Florida.
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 6: This Ordinance shall take effect immediately upon adoption.
50
Page 98 of 105
Agenda Item #4.
BUSINESS IMPACT ESTIMATE
As required by Sec. 166.041(4), Florida Statutes (2024), this "Business Impact
Estimate" is provided for Ordinance No. 07-26:
ORDINANCE NO. 07-26
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 76. WATERWAY
CONTROL & CHAPTER 78 ZONING; PROVIDING UPDATING THE
DEFINITION SECTIONS OF BOTH CHAPTERS; AMENDING SECTION
76-2 PROVIDING A DEFINITION FOR BOATLIFTS; AMENDING
SECTION 78-4 ADDING A DEFINITION FOR ACESSORY DWELLING
UNIT, AMENDING THE DEFINITION OF FAMILY, AMENDING THE
DEFINITION OF FAST FOOD RESTAURANT, AMENDING THE
DEFINITION OF WAIVER; PROVIDING THAT EACH AND EVERY
OTHER SECTION AND SUBSECTION OF CHAPTERS 76 & CHAPTER
78 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.
Part I. Summary of the proposed ordinance and statement of public purpose: Ordinance
07-26 revises the definition sections of Chapter 76 & 78 to add several new definitions and
modify several existing definitions within the Waterway Control and Zoning code chapters.
Part II. Estimate of the direct economic impact of the proposed ordinance on private, for-
profit businesses in the Village of Tequesta:
a. Estimate of direct compliance costs that businesses may reasonably incur if the
proposed ordinance is enacted: None..
b. Identification of any new charges or fee on businesses subject to the proposed
ordinance, or for which businesses will be financially responsible: None.
c. An estimate of the Village of Tequesta's regulatory costs, including an estimate of
revenues from any new charges or fees that will be imposed on businesses to cover
such costs. None.
Part III. Good faith estimate of the number of businesses likely to be impacted by the
ordinance: None. Future businesses may be impacted by changes to zoning code
requirements.
Part IV. Additional Information (if any): None.
Page 99 of 105
Agenda Item #5.
Planning and Zoning Board
STAFF MEMO
Meeting: Planning and Zoning Board - Apr 16 2026
Staff Contact: Jay Hubsch Department: Community Development
PLANNING AND ZONING BOARD SITTING AS THE LOCAL PLANNING AGENCY: ORDINANCE
NO. 08-26: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA,
FLORIDA, AMENDING CHAPTER 78. ZONING, ARTICLE VII — PLANNED RESIDENTIAL
DEVELOPMENTS (PRD); CREATING AN ENTIRELY NEW SECTION 78-229 — PRD WAIVERS;
CREATING A PROCESS FOR APPLICANTS TO APPLY FOR DEVIATIONS FROM PRD
REQUIREMENTS SO LONG AS CERTAIN CONDITIONS ARE MET; PROVIDING THAT EACH AND
EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78 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.
SUMMARY:
Ordinance No. 08-26 includes updates to Chapter 78 (Zoning) 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 eight
(8) 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 three (3) phases to improve clarity, efficiency, and ease of
review for the Planning and Zoning Board and Village Council. Three ordinances were previously
reviewed by the Planning and Zoning Board at the February 19, 2026, meeting. Two additional
ordinances will be forthcoming at the next meeting.
Summary of Chapter 78 Definition Updates in Ordinance 08-26
Ordinance No. 08-26 amends Chapter 78 of the Village Code by creating a new Section 78-229 to
establish a formal waiver process for Planned Residential Developments (PRDs). The intent of the
ordinance is to provide flexibility from certain development standards where appropriate, while
maintaining critical requirements such as building height, density, concurrency, and environmental
protections. This process is designed to allow flexibility in site design and promote community
benefits, including enhanced architectural quality, pedestrian amenities, open space, and
preservation of environmentally sensitive lands.
The Village has historically granted deviations from code standards within PRDs, most recently at
The Reserve. However, these deviations were considered on a case-by-case basis without clearly
defined review criteria. Formalizing a review process for waivers within PRDs will provide the
Planning and Zoning Board and Village Council with a consistent framework to evaluate whether a
waiver is appropriate. Similar waiver provisions currently exist within Planned Commercial Districts
(PCDs) and zoning overlay districts.
Page 100 of 105
Agenda Item #5.
Under the new provisions, applicants may request waivers as part of a PRD development application,
subject to review by the Planning and Zoning Board and final approval by the Village Council. Waiver
requests must be submitted in writing and demonstrate consistency with the Comprehensive Plan,
alignment with the intent of PRD regulations, and the provision of clear public benefits. Requests
must not be based solely on economic considerations and must ensure compatibility with surrounding
land uses.
The Village Council retains the authority to impose conditions or safeguards to mitigate impacts and
ensure compliance with the overall intent of the zoning code. If a waiver is denied, the Council is
required to provide a clear record of the reasons for denial based on the established criteria. Overall,
the ordinance provides a structured and transparent framework for evaluating deviations from PRD
standards while protecting the public health, safety, and welfare.
Planning and Zoning Board Recommendation
Based on the analysis provided, staff finds that Ordinance No. 08-26 is consistent with the Village's
adopted goals and policies and will improve clarity, consistency, and enforceability within the Village
Code. The proposed amendments address internal code inconsistencies, establish policy priorities
previously directed by the Village Council, and provide additional regulatory tools to protect
neighborhood character and public welfare.
Therefore, staff recommends that the Planning and Zoning Board, sitting as the Local Planning
Agency recommend approval of Ordinance 08-26 to the Village Council.
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.
BUDGET • - •
BUDGET AMOUNT n/a AMOUNT AVAILABLE n/a EXPENDITURE AMOUNT: n/a
FUNDING SOURCES: n/a IS THIS A PIGGYBACK:
❑ Yes ❑ N/A
DID YOU OBTAIN 3 QUOTES?
❑ Yes ❑ N/A
COMMENTS/EXPLANATION ON SELECTIONn/a
Ordinance 08-26 Creating PRD Waiver Process
BUSINESS IMPACT ESTIMATE Tequesta Ordinance 08-26
Page 101 of 105
Agenda Item #5.
ORDINANCE NO. 08-26
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING, ARTICLE
VII — PLANNED RESIDENTIAL DEVELOPMENTS (PRD); CREATING
AN ENTIRELY NEW SECTION 78-229 — PRD WAIVERS; CREATING A
PROCESS FOR APPLICANTS TO APPLY FOR DEVIATIONS FROM
PRD REQUIREMENTS SO LONG AS CERTAIN CONDITIONS ARE
MET; PROVIDING THAT EACH AND EVERY OTHER SECTION AND
SUBSECTION OF CHAPTER 78 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 has created Planned Residential Development ("PRD")
regulations to allow for and encourage innovative development and to allow for a variety of
architectural styles, while preserving natural features, scenic area, and land consumption; and
WHEREAS, deviations from the PRD standards may sometimes be necessary or
desirable in order to encourage community benefits, architectural design, pedestrian amenities,
preservation of environmentally sensitive lands, provision of public parks and open space, and
reduced impacts on village services;
WHEREAS, a PRD waiver process would allow for such deviations while maintaining
building height, density, concurrency, and environmental land requirements;
WHEREAS, the Village Council of the Village of Tequesta finds the adoption of the
definitions sections of Chapter 78 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 78 — Zoning. of the Code of Ordinances of the Village of Tequesta is
hereby amended at Article VII. — Planned Residential Developments (PRD); To amend create an
entirely new Section 78-229. —PRD Waivers. which shall hereafter read as follows:
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
1
Page 102 of 105
Agenda Item #5.
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 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 maj oritof
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
.e
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.
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.
2
Page 103 of 105
Agenda Item #5.
i. The request will be compatible with existing and potential land uses adjacent
to the development site.
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 public health, safety, and welfare.
The village council may, at its discretion, require adherence to established zoning
v . r
district requirements within certain portions of the site, if deemed necessary in order to
maintain the spirit and intent of this article.
The village council may impose such other conditions and safeguards as it deems
appropriate in conformity with this chapter for the protection of the surrounding
properties and the neighborhood or general welfare of the public. Conditions on a PRD
waiver shall be related to the proposed development and shall be roughly proportional
to the anticipated impacts of the proposed development.
(3) Denial. Should the village council deny a PRD waiver, it shall state fully for the record the
reasons for doing so. Such reasons shall take into account the factors under 78-229(2)(a-k).
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 6: This Ordinance shall take effect immediately upon adoption.
3
Page 104 of 105
Agenda Item #5.
BUSINESS IMPACT ESTIMATE
As required by Sec. 166.041(4), Florida Statutes (2024), this "Business Impact Estimate" is
provided for Ordinance No. 08-26:
ORDINANCE NO. 08-26
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING, ARTICLE
VII — PLANNED RESIDENTIAL DEVELOPMENTS (PRD); CREATING
AN ENTIRELY NEW SECTION 78-229 — PRD WAIVERS; CREATING A
PROCESS FOR APPLICANTS TO APPLY FOR DEVIATIONS FROM
PRD REQUIREMENTS SO LONG AS CERTAIN CONDITIONS ARE
MET; PROVIDING THAT EACH AND EVERY OTHER SECTION AND
SUBSECTION OF CHAPTERS 76 & CHAPTER 78 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.
Part I. Summary of the proposed ordinance and statement of public purpose: Ordinance 08-26
creates a PRD Waiver process in section 78-229 of the Village Code.
Part II.Estimate of the direct economic impact of the proposed ordinance on private,for-profit
businesses in the Village of Tequesta:
a. Estimate of direct compliance costs that businesses may reasonably incur if the proposed
ordinance is enacted: None..
b. Identification of any new charges or fee on businesses subject to the proposed ordinance, or
for which businesses will be financially responsible: None.
c. An estimate of the Village of Tequesta's regulatory costs, including an estimate of revenues
from any new charges or fees that will be imposed on businesses to cover such costs.None.
Part III. Good faith estimate of the number of businesses likely to be impacted by the ordinance:
None.
Part IV.Additional Information (if any): None.
Page 105 of 105