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HomeMy WebLinkAboutOrdinance_11-09_07/09/2009ORDINANCE NO. 11-09 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE OF TEQUESTA CODE OF ORDINANCES AT CHAPTER 78. ZONING. ARTICLE VI. SCHEDULE OF DISTRICT REGULATIONS. DIVISION 2. SCHEDULE OF USE REGULATIONS AT SECTION 78-174. R-2 MULTIPLE-FAMILY DWELLING DISTRICT. TO PROVIDE FOR THE INCLUSION OF A NEW SPECIAL EXCEPTION USE IN THIS ZONING DISTRICT TO BE ENTITLED "ADULT LIVING FACILITY" AT NEW SUBSECTION 78- 174(d)(11); PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB-SECTION OF CHAPTER 78. ZONING. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Village Council desires to revise the zoning code regulations regarding Adult Living Facilities to allow same as a Special Exception Use in the R-2 Zoning District at the same density as residential dwelling units; and WHEREAS, the Village of Tequesta has held all duly noticed public hearings pursuant to Florida Statutes regarding revisions to the text at Chapter 78, the Village's Zoning Ordinance; and WHEREAS, the Village Council believes this ordinance to be in the best interests of the Village of Tequesta. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article VI. Schedule of District Regulations. Division 2. Schedule of Use Regulations. at Section 78-174. R-2 multiple-family dwelling district.. to allow Adult Living Facilities in the R-2 Zoning District as a Special Exception Use; providing that Section 78-174. shall hereafter read as follows: Sec. 78-174. R-2 multiple-family dwelling district. (a) - (c) (Shall remain the same as previously adopted.) (d) Special exception uses. Special exception uses in the R-2 district are as follows: (1) - (10) (Shall remain the same as previously adopted.) _1~1 Adult Living Facilities (includes Assisted Living Facilities as defined at Chanter -1- 429. F.S.). Evidence that all reaulations set forth in the state law concernina such facilities have been met must be submitted to the Villaae prior to the issuance of a ce ificate of occuaancv: maximum number of units shall not exceed twelve (12) units er acre. Section 2: All Ordinances or parts of Ordinances in conflict be and the same are hereby repeated. Section 3: 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 4: Specific authority is hereby granted to codify this Ordinance. Section 5: This Ordinance shall become effective immediately upon passage. -2- Upon First Reading this 6th day of June 2009, the foregoing Ordinance was offered by Council Member Humpage who moved its adoption. The motion was seconded by Council Member Arena and upon being put to a vote, the vote was as follows: Mayor Pat Watkins Vice-Mayor Tom Paterno Council Member Vince Arena Council Member Jim Humpage Council Member Calvin Turnquest For Adoption Against Adoption X X X X X Upon Second Reading this 9th day of July 2009, the foregoing Ordinance was offered by Council Member Turnquest who moved its adoption. The motion was seconded by Council Member Humpage and upon being put to a vote, the vote was as follows: Mayor Pat Watkins Vice-Mayor Tom Paterno Council Member Vince Arena Council Member Jim Humpage Council Member Calvin Turnquest For Adoption Against Adoption X X X X X The Mayor thereupon declared the Ordinance duly passed and adopted this 9t" day of July, 2009. MAYOR OF TEQUESTA ATTEST: 6110 e(,t~l.~.~.cL Lori McWilliams, CMC Village Clerk F '^-SEAL ~ ~y :.INCORPORATED ~~. l~~~ Pat Watkins