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HomeMy WebLinkAboutOrdinance_211_05/28/1973• • OFFICIAL ZONING ORDINANCE -VILLAGE OF TEQUESTA, FLORIDA 1973 ORDINANC>J N0. 211 AN ORDINANCE OF THE VILLAGE OF TEQUESTA, FLORIDA ESTABLISHING COMPREHENSIVE ZONING REGULATIONS FOR SAID VILLAGE, CREATING SIX (6) DISTRICTS, REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, LAND AND WATER FOR TRADE, INDUSTRY, RESIDENCE OR OTHER PURPOSES, THE HEIGHT AND SIZE OF STRUCTURES AND SIZE OF OPEN SPACES FOR LIGHT AND VENTILATION; ADOPTING A MAP OF SAID DISTRICT; DE- FINING THE TERMS USED; PROVIDING FOR THE ADJUSTMENT, ENFORCEMENT AND AMENDMENT THEREOF, PRESCRIBING PENALTIES FOR ITS VIOLATION, PROVIDING FOR SPECIAL EXCEPTIONS AND VARIANCES IN EVENT OF HARDSHIP, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. THE COUNCIL OF THE VILLAGE OF TEQUESTA DOES ORDAIN AS FOLLOWS: TITLE This ordinance shall be known as "Official Zoning Ordinance of the Vi Ilage of Tequesta, Florida" PURPOSE, AUTHORITY The purpose of this Ordinance is to establish comprehensive controls for the development of land in the Village of Tequesta based on the Village of Tequesta's comprehensive development plan which includes portions of the reports of Barr, Dunlop S Associates, Inc. and Kimley-Horn S Associates, Inc. , both pro- fessional consulting engineers and planners, the recommendations of the Village's zoning Committee dated January 23, 1973, the recommendations of the Village Manager and other officials of the Village of Tequesta and after a series of public hearings in which land owners, taxpayers, citizens and other interested parties were heard, in order to protect, promote and approve the public health, safety, mprals and general welfare of the people. The objectives of this ordinance are to lessen congestion in the streets; to secure safety from fire panic and other danger; to promote the health and general welfare; to provide adequate light and air; to prevent the overcrowding of land; -1- • • to avoid undue concentration of population; to facilitate adequate provisions for transportation, water, sewerage, schools, parks and other public requirements; to conserve-the value of buildings and encourage the most appropriate use of land throughout the corporate area of the Vi I lage of Tequesta; under authority granted to the Vi Ilage of Tequesta by Section 4.02 (32) of its Charter created by Chapter 57.1915, Laws of Florida, Special Acts of 1957, the above being amended in its entirety by a new Charter passed by referendum on January 11, 1972, and the filing of a certified copy with the Secretary of State on February 1, 1972. JURISDICTION The rules, regulations, and requirements contained herein apply to all properties and lands within the corporate limits of the Village of Tequesta, Florida, as they exist now or as they may be legally altered. IV DEFINITIONS For the purpose of this ordinance, certain words and terms are defined as follows; 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 and 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 Vi I lage of Tequesta" . The terms "Counci I" sha I I mean the Counci I of the Vi I lage 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" . Accessory Use: A use customarily incident and accessory to the principal use of land or building located on the same lot. -2- • • Accessory Building: A structure erected on a lot to serve a purpose auxiliary to the prime purpose for which the lot is zoned. Boarding House: A dwelling with not more than five (5) rental rooms, the occupants of which eat in a common dining room on the premises. Building; A single structure which is permanently affixed to the land; and has one or more floors and a roof. A building may, for example, con- sist of aone-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) . Carports and garages which are not an integral part of the main building will be considered accessory buildings as defined above. Building, Height Of: The vertical distance from grade to the highest finished roof surfoce over habitable quarters in the case of flat roofs, or to a point at the average height of roofs having a pitch of more than 1 ft. in 4~ ft .. Building Line: Aline parallel to the front, side, or rear lot line drawn across the portion of the front, side, or rear wall of a building closest to the front, side, or rear lot line. The building line shall be considered extended across the full width or depth of a lot. Clinic: An establishment where patients, who are not lodged over- night, are admitted far examination and treatment by physicians, or dentists. Club: Buildings and facilities owned and operated by a corporation or association of persons for social or recreational purposes, but not operated primarily for profit but which may render a service as an acces- sory use which is customarily carried on as business. Commercial Building: A building used only for a commercial use. Coastal Sand Dune Preservation: 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. This is accomplished in the Village by "Palm Beach County Coastal Construction -3- and Excavation Setback Ordinance No. 72-12", which ordinance or its successor shall prevail in the absence of a conflicting Village ordinance. Dwelling: 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 therefrom, 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, nor any open patio, nor any uncovered porch, stoop or steps. A dwelling may be designed and bui It for the use of one family, or multiple family occupancy, but it does not include a hotel, club, motel, boarding or lodging house, or automobile, house trailer, or any recreation vehicle whether such trailer or vehicle is mobile or located in a stationary fashion on blocks or other foundation . Dwelling Unit: One (1) 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. Development, Or To Develop: A "development" includes the con- struction of any new building or other structures on a lot, the relocation of any existing buildings on another lot, or the use of a tract of land for any new uses. To "develop" is to create a development. Day-Care Center, Nursery: A center or establishment including kindergarten or pre-school facility, which provides daytime care or instruction for four (4) or more children eleven (11) years of age or under and operated on a regular basis. Family: Either a single person occupying a dwelling unit and maintaining a household, including not more than one "boarder, roomer, or lodger" as herein described or two (2) or more persons related by blood, marriage and maintaining a common household, including not more -4- • • ~~. than one such boarder, roomer, or lodger; or not more than four (4) unrelated persons occupying a dwelling, living together and maintaining a non-profit housekeeping unit as distinguished from a group occupying a boarding or lodging house, hotel, club or similar dwelling for group use. A common household shall be deemed to exist if all members thereof have access to a I I parts of the dwel I i ng . Filling Station: Defined to be the operation of any business involved in servicing motor vehicles on the premises, in the sale~of gasoline, oil, or other petroleum products for consumption or use by motor vehicles and the sale of tires, accessories, batteries and services to motor vehicles, usually sold in automobile service stations, gasoline and oil filling stations. Floor Area: The sum of the gross areas of the several floors of a building or buildings, measured from the exterior faces of exterior walls or from the center lines of walls ,separating two (2) buildings. In particular, floor area includes: elevator shafts or stairwells at each floor; floor space in penthouses; attic space (whether or not a floor has been laid) providing structural headroom of eight (8) feet or more; floor space in interior bal- conies or mezzanines; any other floor space used for dwelling purposes, no matter where located within a bui Iding, when not specifically excluded; floor space in accessory buildings, except for floor space used for acces- sory off-street parking; floor space used for accessory off-street loading berths in excess of two hundred (200) percent of the amount required by the applicable district regulations; floor space in open or roofed terraces, exterior balconies, breezeways or porches, if more than 50 percent of the perimeter of such terrace, balcony, breezeway, or porch is enclosed, and provided that a parapet not higher than three (3) feet, eight (8) inches, or a railing not less than 50 percent open and not higher than four (4) feet, six (6) inches, shall not constitute an enclosure; any other floor space not specifically excluded. However, the floor area of a building shall not include: basement space, except that basement space used for -S- ~ ~ retailing shall be included for the purpose of calculating requirements for accessory off-street parking spaces and accessory off-street loading berths; elevator or stair bulkheads, accessory water tanks, or cooling towers; un- covered steps, attic space (whether or not a floor actually has been laid) providing structural headroom of less than eight (8) feet; floor space in open or roofed terraces, exterior balconies, breezeways, or porches, provided that not more than 50 percent of the perimeter of such terrace, balcony, breezeway, or porch is enclosed, and provided that a parapet not higher than three (3) feet, eight (8) inches, or a railing not less than 50 percent open and not higher than four (4) feet, six (6) inches, shall not constitute an enclosure; floor space used for accessory off-street load- ing berths, up to 200 percent of the amount required by the applicable district regulation; floor space used for mechanical equipment; the lowest story (whether a basement or otherwise) of a residential building, provided that: such building contains not more than two stories above such story, and such story is used as a furnace room, utility room, auxiliary recreation room, or for other purposes for which basements are customarily used, and such story has at least one-half its height below the level of the ground on at least one side of such building, or such story contains a garage. Grade: The crown of the public street or road at its highest elevation abutting the property. In the event such grade elevation is below plus 8 ft. Mean Sea Level - U. S. Coast and Geodetic Survey datum the building height shall be measured from plus 8 ft. M.S.L. -U.S.C. and G. S. datum. The grade, as identified hereby is defined as zero datum for a lot. Hotel: Any bui Iding containing principally sleeping rooms in which transient guests are lodged with or without meals, with no provision made for cooking in any individual room or suite. Such building would struc- turally and for purposes of safety, be obliged to conform to the laws of the State regulating hotels. -6- • • Lot: 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 Ordinance, and having their principal frontage upon a public or private street. In R-1A and R-1 there may only be one main building and its accessory buildings per lot. Lot of Record: Apart of the land subdivision, the map of which has been recorded in the office of the Clerk of the Court of Palm Beach County, Florida. Lot Coverage: That portion of a lot which, when viewed directly from above, would be covered by a building or any part of a building, and any portion of such building covered by a roof which qualified as open space, or any 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 ten thousand (10,000) square feet has prin- ciple and accessory buildings planned or existing whose area is twenty- five hundred (2, 500) square feet; thus the lot coverage is twenty-five (25) percent. Motel: A group of two or more attached, detached or semi-detached buildings containing guest rooms or apartments with automobile storage or parking space provided in connection therewith, designed and used pri- marily by automobile transients. A motel may ,have eating facilities in connection therewith . Nursing Home: A health facility where persons are housed and furnished with meals and continuing nursing care for compensation in which three (3) or more persons not of the immediate family are received, kept, or provided with food and shelter or care. Open Space: That part of a lot, including courts or yards, which is open and unobstructed from its lowest level to the sky, and is avail- able for entry and use by the occupants of the building or 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 -7- • • include water surfaces that comprise not more than ten (10) percent of tota I open space . Parking Lot: Off street facility used for the storage or parking of motor vehicles to provide an accessory service to a commercial, industrial, or residential use. Planned Development: An alternative method of development within the Village where the developer wishes to alter or improve the usage of unplatted terrain or to modify the nature of an existing and duly recorded plat. The site of a planned development shall contain at least twenty (20} acres and must meet the requirements of Article XII of this Ordinance. Shopping Center: A group of commercial establishments planned, developed, managed and operated as a unit, with off-street parking provided on the property, and related in its location, size, and type of shops to the trade area which the unit serves. S ecial Exception: A use which may be allowed within a zoning district subject to the provisions of Article XVI, Section 16.7 of this Ordinance. Story: That portion of a building included between the upper sur- face of any floor, and the upper surface of the floor next above, except that the top-most story shall be that portion of a building included between the upper surface of the top most floor and the cealing or roof above. Street: Any public or private thoroughfare which affords the princi- pal 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 Line: The line between the street and abutting property, also referred to as right-of-way line. Swimming Pool: Any portable pool or permanent structure containing a body of water 18 inches or more in depth and forty (40) square feet or more of water surface area, including a wading pool . -8- • • Townhouse: A building. designed for or occupied exclusively by one family and attached to another building of a similar design and separated by one or more party wa I Is . A townhouse development sha I I be a I lowed i n accordance with the provisions of Article XII of this Ordinance. Yard: The open space on the same lot with the main building, unoccu- pied and unobstructed from the ground upward. A FRONT YARD is that area extending from the street line to the front building wall and the front wall building line. ASIDE YARD is that area between the side wall building line and the side lot line and A REAR YARD is that area extending from one side lot line to the other between the rear wall building line and rear lot line. Variance: A modification of the literal interpretation of the provisions of this Ordinance, other than the provisions relating to use requirements. Variances shall be granted only on the grounds of hardship. V ESTABLISHMENT OF DISTRICTS In order to classify, regulate and restrict the uses of land and buildings, the height and bulk of buildings, the amount of open spaces about buildings and the intensity of land use, the Village of Tequesta, Florida is divided into six (6) use districts, designated as follows: R-1A -Single Family Dwelling District. R-1 -Single Family Dwelling District. R-2 -Multiple Family Dwelling District. _ R-3 -Multiple Family Dwelling District.. C-1 -Retail Commercial District. C-2 -Wholesale Commercial and Light Industrial District The boundaries of the districts are as shown upon the zoning map which is hereby adopted by references and made a part hereof, and entitled "Amended Zoning Map of the Village of Tequesta, Florida", which original amended map bears the following legend: "Adopted as a part of prdinance No. -9- • • Following this legend appear the original signatures of the members of the council signing such ordinance, the signatures of the mayor and the town clerk, and the corporate seal of the municipality. The amended zoning map and all the notations, references and other infor- mation shown thereon are a part of this Chapter as if such information set forth on the map were all fully described and set out herein. This amended zoning map, properly attested, shall remain at all times on file in the office of the Village Clerk. Thy boundaries of such districts as are shown upon the map adopted by this section, or any subsequent amendment thereto, are hereby adopted and approved, and the regulations of this chapter governing the use of land and buildings, the height of buildings, building site area, the size of yards about buildings and other matters as hereinafter set forth, are hereby established and declared to be in effect upon all land included within the boundaries of each and every district shown upon such map. In the creation, by this ordinance, of the respective districts, the Village Council has given due and careful consideration to the peculiar suitability of each district for the particular uses and regulations applied thereto and to the densities of population, all in accord with the development plan of the. Village. VI INTERPRETATION OF DISTRICT BQUNDARIES Where uncertainty exists as to the boundaries of any district shown upon the zoning map, the following rules shall apply; 1 . Where district boundaries are indicated as following street, alley or lot lines, said lines shall be construed to be such boundaries. 2. Where any public street or alley is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting land shall apply to the portion of such street or alley added thereto by virtue of said vacation or abandonment . 3. In case any further uncertainty exists, the Village Council shall interpret the intent of the map as to the location of such boundaries. 4. Territory which may hereafter be annexed to the Village of Tequesta shall be classified in the R-1A Single Family Dwelling District -10- • • until otherwise changed by ordinance as provided herein; or unless the Council, after public hearing, shall otherwise provide. VII RESTRICTIpNS UPON LANDS AND BUILDINGS; EXCEPT AS HEREINAFTER PROVIDED 1. No building shall be erected, reconstructed or structurally altered, nor shall any building or land be used which does not comply with the regulations for the district in which such building or land is located. 2. No building shall be erected, reconstructed or structurally altered tq exceed the height or bulk limits herein established for the district in which such building is located. 3. The minimum spaces around a main bui Iding as provided for in the Ordinance shall not be encroached upon or be considered as open space for any other building, nor shall it be used for off-street parking. VIII R-1A -SINGLE FAMILY DWELLING DISTRICT Section $.1 Uses Permitted: No building, structure, land or water shall be used except for single (1) family dwellings with accessory buildings customarily incident thereto. Section 8.2 Special Exception Uses. When, after review of the application and public hearing thereon, the Village Council finds as a fact that the proposed use or uses are in the public interest after considering the standards set forth in Article XVI, Section 16.7 of this Ordinance the following uses may be permitted: 1 . Planned Development: The site plan must be approved by the Village Council pursuant to Article XII of this Ordinance. 2. Churches, schools and publicly owned and operated community buildings. -11- • • 3. Public utility structures and buildings such as sewage disposal works, water pumping plants, electric substations, police and fire stations . 4. Private Ciubs . 5. Landscaped park areas and neighborhood recreation facilities including golf courses. Section 8_3 Building Height Regulations: No dwelling or other structure shall exceed two (2) stories nor 30 feet in height and no accessory building shall exceed one (1) story nor fifteen (15) feet in height. Section 8.4 Building Site Area Regulations: The minimum lot or building site area for each single family dwelling shall be twelve thousand (12,000) square feet. The minimum width of lot measured at-the building line shall be 100 feet. Section 8.5 Building Area Requirements: 1. The principal building shall contain not less than 1,600 square feet of living area computed from the outside finished dimensions. Screen porches, garages, carports, breezeways, and other such non-living areas may be counted fifty (50) percent of actual area toward the required minimum, up to but not exceeding three hundred (300) square feet. 2. Lot coverage shall not exceed thirty-five (35) percent. Section 8.6 Yard Requirements: 1. Front Yard. a) For dwellings there shall be a front yard of not less than twenty-five (25) feet measured from the street line to the front wall building line. b) For other structures such as churches, schools, public buildings, etc. , there shall be a front yard of not less than -12- • thirty-five (35) feet measured from the street line to the front wall building line. c) No buildings, nor other structures of any type (in- cluding swimming pools) shall be located in a front yard, nor shall any conveyance other than a passenger automobile be parked in that area; except that, as a temporary conven- fence, atrailer, boat, or recreational vehicle may be parked in a front yard during, and for not longer than, one twenty- four (24) hour period within any thirty (30) consecutive days. 2. Side Yards . a) For dwellings there shall be a side yard of not less than ten (10) feet measured from the side lot line to the side wall building line. b) For structures other than dwellings there shall be a side yard of not less than twenty (20) feet measured from the side lot line to the side wall building line. c) For unattached buildings of accessory use there shall be aside yard of not less than ten (10) feet measured from the side lot line to the side wall building line. 3. Rear Yard . a) For dwellings and other main buildings there shall be a rear yard of not less than twenty (20) feet measured from the rear wall building line of the main building to the rear lot line. b) For unattached buildings of accessory use there shall be a rear yard of not less than ten (10) feet measured from the rear wall building line to the rear lot line. -13- 4. Corner Lots: In the case of corner lots, no building or portion thereof and no accessory buildings shall be erected or placed nearer than twenty (20) feet to the side street line of any such lot measured from the street line to the side wall building line. IX R-1 SINGLE FAMILY DWELLING DISTRICT Section 9.1 Uses Permitted: No building, structure, land or water shall be used except for single (1) family dwellings with accessory buildings customarily incident thereto. Section 9.2 Special Exception Uses: When, after review of the application and public hearing thereon, the Vi Ilage Counci I finds as a fact that the proposed use or uses are in the public interest, after considering the standards set forth in Article XVI, Section 16.7 of this Ordinance the following uses may be permitted: 1 . Planned Development: The site plan must be approved by the Village Council pursuant to Article XII of this Ordinance. 2. Churches, schools and publicly owned and operated community buildings. 3. Public utility structures and buildings such as sewage disposal '. works, water pumping plants, electric substations, police and fire stations . 4. Private Clubs. 5. Landscaped park areas and neighborhood recreation facilities including golf courses. Section 9.3 Buildin Hei ht Regulations: No dwelling or other structure shall exceed two (2) stories nor 30 feet in height and no accessory building shall exceed one (1) story nor fifteen (15) feet in height. -14- Section 9. ~ Building Site Area Regulations: The minimum lot or building site area for -T---- each single family dwelling shall be eight thousand (8,000) square feet. The minimum width of lot measured at the building line shall be 75 feet. Section 9_5 Bui, Iding Area R~uirements: 1 . The principal building shall contain not less than 1,200 square feet of living area computed from the outside finished dimensions. Screened porches, garages, carports, breezeways, and other such non-living areas may be counted fifty (50) percent of actua I area toward the required mini - mum, up to but not exceeding three hundred (300) square feet. 2, Lot coverage shall not exceed thirty-five (35) percent, Section 9.6 Yard Requirements: 1. Front Yard: a) For dwellings there shall be a front yard of not less than twenty- five (25) feet measured from the street line to the front wall building line. b) For other structures Such as churches, schools, public buildings, etc., there shall be a front yard of not less than thirty-five (35) feet measured from the street I i ne to the front wa I I bui Id i ng I i ne . c) No buildings, nor other structures of any type (in- chiding swimming pools) shall be located in a front yard,, nor shall any cpnveyance other than a passenger automobile be parked in that area; except that, as a temporary convem fence, a trailer, boat, or recreational vehicle may be parked in a front yard during, and for not longer than, one twenty- four (24) hour period within any thirty (30) consecutive days. -1 S- • • 2. Side Yards: a) For dwellings there shall be a side yard of not less than seven and one half (7~) feet measured from the side lot line to the side wall building line. b) Fqr structures other than dwellings there shall be a side yard of nqt less than twenty (20) feet measured from the side lot line to the side wall building line. c) For unattached buildings of accessory use there shall be a side yard of not less than seven and one-half (7~) feet measured from the side lot line to the side wall building line. 3. Rear Yar a) For dwellings and other main buildings there shall. be a rear yard of not less than twenty (20) feet measured. from the rear wall building line of the main building to the rear lot line. b) For unattached buildings of accessory use there shall be a rear yard of not less than. ten (10) feet measured -from the rear wal I building line to the rear lot line. ' 4. Corner Lots: In the case of corner lots, no building or portion thereof and no accessory buildings shall be erected or placed nearer than twenty(20) feet to the side street line of any such lot measured from the street line to the side wall building line. R-2 - MUI~TIPL~ FAMILY DWELLING DISTRICT Section 10.1 -Uses Permitted: No building, structure, land or water shall be used except for one or more of the following uses: 1. Single (one) family dwellings with accessory buildings customarily incident thereto. 2. Landscaped park areas and neighborhood recreation facilities including golf courses. -16- • • 3. Multiple Family dwelling structures. 4. Nursery or private kindergarten, elementary, junior or senior high schools . 5. Churches and publicly owned and operated community buildings. Section 10.2 S ecial Exception Uses: When, after review of the application and public hearing thereon, the Village Council finds as a fact that the proposed use or uses are in the public interest, after considering the standards set forth in Article XVI, Section 16.7 of this Ordinance the Village Council may allow planned development. The site plan must be approved by the Village Council pursuant to Article XII of this Ordinance. Section 10.3 Building Height Regulations: No building shall exceed twu (2) stories nor 30 feet in height at the required front, rear and side yard lines. Section 10.4 Building Site Area Regulations: 1 . For single family dwellings the minimum lot or building site area shall be eight thousand (8,000) square feet. The minimum width of lot measured at the building line shall be 75 feet. 2. For two family dwelling structures the minimum building site area shall be ten thousand (10,000) square feet and have a minimum width of eighty (80) feet. 3. For multiple family structures there shall be a iet :fat least 10,000 square feet for the first two dwelling units, plus 3,000 square feet of lot area for each additional unit, but in no event shall the overall density exceed thirteen units per acre. , Section 1U.5 Building Area Requirements: 1 . A single family dwelling shall contain not less than 1 , 400 square feet of living area computed from the outside finished dimensions. Screen porches, garages, carports, breezeways, and other such non-living -17- !~ • areas may be counted fifty (50) percent of actual area toward the required minimum, up to but not exceeding three hundred (300) square feet. 2. In a two family dwelling structure, each dwelling unit shall contain a minimum floor area of nine hundred sixty (960) square feet. 3. In a multiple family structure, one bedroom unit shall have a minimum floor area of six hundred sixty (660) square feet; an additional one hundred fifty (150) square feet of floor area shall be provided for each additional bedroom. 4. Lot coverage shall not exceed thirty-five (35) percent.` Section 10.6 Yard Requirements: 1 . Front Yard. a) For dwellings there shall be a front yard of not less than twenty- five (25) feet measured from the street line to the front wall bui Iding line. b) For other structures such as churches, schools, public build- ings, etc. , there shall be a front yard of not less than thirty-five (35) feet measured from the street line to the front wall building lines. c) No buildings, nor other structures of any type (in- eluding swimming pools) shall be located in a front yard,. nor shall any conveyance other than a passenger ~:~tomobile be parked in that area; except that, as a temporary conven- fence, a trailer, boat, or recreational vehicle may be parked in a front yard during, and for not longer than, one twenty- four (24) hour period within any thirty (30) consecutive days. 2. Side Yards. a) For dwellings there shall be a side yard of not less than fifteen (15) feet measured from the side lot line to the side wall building line -18- b) For structures other than dwellings there shall be a side yard of not less than twenty (20) feet measured from the side lot line to the side wall building line. c) For unattached buildings of accessory use there shall be a side yard of not less than ten (10) feet measured from the side !ot line to the side wall building line. 3. Rear Yard: a) For dwellings and other main buildings there shall be a rear yard of not less than twenty (20) feet measured from the -rear wal I building line of the main building to the rear lot line. b) For unattached buildings of accessory use there shall be a rear yard of not less than ten (10) feet measured from the rear ~~iall building line to the rear lot line. 4. Corner Lots: In the case of corner lots, no building or portion thereof and no accessory buildings shall be erected or placed nearer than twenty (20) feet to the side street line of any such lot measured from the street line to the side wall building line. Section 10.7 Open Space Requirements: A minimum open spare, landscaped and kept "green" of thirty (30) percent shall be ~~rovided. The term "green" shall not be construed as prohibiting the use of creative landscape involving gravel, tile, etc. , instead of grass, as long as a green landscape appearance is achieved. Thirty-three and one-third (33-1/3) percent of the thirty (30) percent described above may be devoted to recreational uses, such as swimming pooh, tennis courts, , walkways, patios, etc. XI R-3 -MULTIPLE FAMILY DWELLING DISTRICT Section 11 .1 Uses Permitted No building, structure, land or water shall be used except for one or more of the following uses: -19- ~ ~ 1 . Single (one) family dwellings with accessory buildings customarily incident thereto. 2. Multi-family dwelling structures. Section 11 .2 S ecial Exception Uses: When, after review of the application and public hearing thereon, the Village Council finds as a fact that the proposed use or uses are in the public interest, after considering the standards set forth in Article XVI, Section 16.7 of this Ordinance the following uses may be permitted: 1 . Planned Development: The site plan must be approved by the Village Council pursuant to Article XII of this Ordinance. 2. Churches, schools, and publicly owned and operated community buildings. 3. Public utility structures and buildings such as sewage disposal works, water pumping plants, electric substations, police and fire stations . 4. Landscaped park areas and neighborhood recreation facilities including golf courses. Section 11.3 Building Height Regulations: 1 . For one and two family dwellings the height shall not exceed two stories. 2. For more than two family dwellings the height shall not exceed six (6) stories nor sixty-five (65) feet. Section 11.4 Building Site Area Regulations: Every dwelling structure erected or structurally altered shall have a site area per family of not less than the following: 1. For single family dwellings, the minimum lot or building site area shall be eight thousand (8,000) square feet. The minimum width of lot measured at the building line shall be seventy-five (75) feet. -20- ~ ~ 2. For two family dwellings, the minimum site area shall be ten thousand (10,000) square feet and have a minimum lot width of eighty (80) feet . 3. For two (2) story multiple family structures there shall be a lot of at least ten thousand (10,000) square feet for the first two dwelling units plus three thousand (3,000) square feet of lot area for each additional unit. 4. For structures that exceed two (2) stores there shall be added to the minimum of ten thousand (10,000) square feet, two thousand (2,000) square feet of site area for each additional dwelling unit. Section 11.5 Building Regulations: For multiple family dwellings exceeding two (2) stories with flat roofs.air conditioning compressor units shall be located on the roof of the main building. Section 11.6 Building Area Requirements: 1. A single family dwelling shall contain not less than 1,400 square feet of living area computed from the outside finished dimensions. Screened porches, garages, carports, breezeways, and other such non-living areas may be counted at the rate of fifty (50) percent of actual area up to but not to exceed 300 square feet. 2. In multiple family structures one bedroom units shall have a minimum floor area of 900 square feet; an additional one hundred fifty (150) square feet of floor area shall be provided for each additional bedroom. 3. Lot coverage shall not exceed thirty (30) percent. Section 11 .7 Open Space Requirements: A minimum open space, landscaped and kept "green" of thirty (30) percent shall be provided. The term "green" shall not be construed as prohibiting the use of creative landscape involving gravel, tile, etc., instead of grass, as long as a green landscape appearance is achieved. -21- ~ ~ Thirty-three and one-third (33-1/3) percent of the thirty (30) percent described above may be devoted to recreational uses, such as swimming pools, tennis courts, walkways, patios, etc. Section 11.8 Yard Requirements: 1 . Front Yard . ---~- a) For structures not exceeding thirty (30) feet in height there shall be a front yard of not less than twenty-five (25) feet measured from the street I i ne to the front wa I I bui Id i ng I i ne . b) For multiple family and other strucutures exceeding thirty (30) feet in height there shall be a front yard of not less than forty (40) feet measured from the street I i ne to the front wa I I bui Id i ng I i ne . c) No buildings, nor other structures of any type (including swimming pools) other than a carport or garage shall be located in a front yard,-nor shall any conveyance other than a passenger automobile be parked in that area; except that, as a temporary convenience, a trai ler, boat, or recreational vehicle may be parked in a front yard during, and for not longer than, one twenty-four hour period within any thirty (30) consecutive days. 2. Side Yard. a) For all structures not exceeding thirty (30) feet in height there shall be a side yard of not less than twenty (20) feet measured from the side lot line to the side wall building Fine. b) For structures exceeding thirty (30) feet in height, two (2) feet additional side yard on each side of the structure shall be added for each additional ten (10) feet or fraction thereof, above the base height of thirty (30) feet. 3. Rear Yard. a) For all structures not exceeding thirty (30) feet in height there shall be a rear yard of not less than twenty (20) feet measured from -22- the rear wall building line of the main building to the rear lot line. b) For structures exceeding thirty (30) feet in height there shall be two (2) feet additional rear yard for each additional ten (10) feet or fraction thereof above the base height of thirty (30) feet. 4. Corner Lots. In the case of corner lots, no building or portion thereof and no accessory buildings shall be erected or placed nearer than twenty (20) feet to the side street line of any such lot measured from the street line to the side wall building line. XI I PLANNED DEVELOPMENT Section 12.1 General Description: This district is intended to provide optional methods of land development which encourage more imaginative solutions to environmental design of problems. Residential areas thus established would be characterized by a unified building and site development program and open space for recreational facilities which are integrated with the total project by unifying architectural and open space treatment. Planned development is intended to permit diversification in the location of structures and improve circulation facilities and other site quali- ties while insuring adequate standards relating to public health, safety and welfare and morals, both in the use and occupancy of buildings and facilities and planned groups . Section 12.2 Approval: Planned Development, as a special exception use, shall be subject to the approval of the Village Council after a review and report by the Community Appearance Board and after a public hearing is held by the Village Council in accordance with Article XVI, Section 16.7 of this Ordinance. The review by the Community Appearance Board shall be to make findings pur- suant to this Article and other applicable sections of this Ordinance and to make recommendations thereon. -23- Section 12.3 Procedure: 1 . Application. An application for approval of a plan for planned development shall be filed by or on behalf of the land owner with the Building Official. The following information shall be submitted with the application: a) The location and size of the site and the nature of the landowner's interest in the land proposed to be developed; b) The location and size of any common open space and the form of organization proposed to own and maintain any common open space; c) The use and the approximate height, bulk and location of buildings and other structures; d) The feasibility of proposals for the disposition of sanitary waste and storm water; e) The substance of covenants, grants of easements or other restrictions proposed to be imposed upon the use of the land, buildings and structures including proposed easements or grants far public utilities; f) The provisions for parking of vehicles and the location and width of proposed streets and public ways; g) The required modifications in the town land use regulations otherwise applicable to the subject property, and h) In the case of plans which call for development over a period of years, a schedule showing the proposed times within which building permits for all sections of the Planned Development are intended to be filed . 2. Statement Of Pur ose. The application for approval of a planned development shall include a written statement by the land owner or any other entity having a cognizable interest in the land, setting forth the reasons why, in his opinion, a planned development would be in the public interest and would be consistent with the Village's statement of purposes on Planned Development. -24- i • 3. Conclusions. The Village Council shall, wi-thin sixty (60) days following the conclusion of the public hearing make a determination by written resolution. Failure of the Council so to act within said period shall be deemed to be a grant of approval of the plan as submitted. The Village Counci I's written resolution may either: a) Grant approval of the plan as submitted. As part of its resolution, the Vi I lage Council shal I specify the drawings, speci- fications and form of performance bond that should accompany the application for a building permit. b) Grant approval of the plan subject to specified conditions not included in the plan as submitted. If conditional approval is granted, the land owner shall within 45 days notify the Village Council of his acceptance or rejection of the conditions. In the event the land owner refuses to accept the conditions the Village Council shall be deemed to have denied approval of the plan. A resolution of conditional approval shall also specify the drawings, specifications and form of performance bond that shall accompany the application for a building permit. c) Deny approval of the plan. d) Modification. Nothing contained herein shall prevent the Village Council and the land owner from mutually agreeing to a change in such conditions, and the Village Council may, at the request of the land owner, extend the time during which the land owner shall notify the Village Council of his acceptance or refusal to accept the conditions. 4. Findings Of Fact. The grant or denial of approval by written resolution shall include not only conclusions but also findings of fact related to the specific proposal and shall set forth the reasons for the grant, with or without conditions, or for the denial, and said resolution shall set forth with particularity in what respects the plans would or would not be in the public interest including but not limited to findings of fact and conclusions on the following: -25- • a) In what respects the plan is or is not consistent with the statement of objectives of a planned development; b) The extent to which the plan departs from zoning and sub- division regulations otherwise applicable to the subject property, including but not limited to bulk and use, and the reasons why such departures are not deemed to be in the public interest; c) The purpose, location and amount of the common open space in the planned development, the reliability of the proposals for main- tenance and conservation of the common open space, and the adequacy or inadequacy of the amount and purpose of the common open space as related to the proposed density and type of development; d) The physical design of the plan and the manner in which said design does or does not make adequate provision for public ser- vices, provide adequate control over vehicular traffic and further the amenities of light aed air, recreation and visual enjoyment; e) The relationship, benef~,cial or adverse, of the proposed planned development to the neighborhood in which it is proposed to be estab- lished; and f) In the case of a plan which proposed development over a period of years, the sufficiency of the terms and conditions intended to protect the interests of the public and of the residents and owners of the planned development in the integrity of the plan. 5. Time. The Village Council shall set forth in the written resolution the time within which a building permit must be applied for or, in the case of a plan which provides for stages over a period of years the time within which applications for building permits on each part shall be filed. In the event that building permits are not filed within the required times the approval shall terminate and be deemed null and void unless such time period is extended by the Village upon written request of the land owner . -26- Section 12.4 L Regulations Governing Planned Development: 1. Minimum Area. A planned development shall include not less than twenty (20) acres of contiguous land. 2. Common Areas. All planned developments shall contain commonly owned land equal to twenty (20) percent of the entire development in area. In consideration of the pur?~ose served by a planned develop- ment, the title to such common areas shall. be preserved to the perpetual benefit of the private property in the development and shall be restricted against private oti-nership for any other purpose. Tf the land owner or non-profit corporation desires, improvements may be made within the common areas provided the maximum coverage to such improvements shall not exceed twenty-five (25) percent of the entire common property. The developer sh.al_1 submit, and after approval. by the Village Council, record a declaration of the covenants and restrictions that will govern the ownership, management and maintenance of the common areas. 3. Variations. A planned development under this Section nay vary the lot sizes and setbacks as set forth in Articles VIII, IX, X and ?~ of this Ordinance. but th.e overall density of a nlannec? development may not exceed that which would otherwise be perriitted by the appli- cable provisions of this Ordinance. Section 12.5 Standards For Reviei,z ng Planned Develof ments: The Village Council. shall approve the Planned Development only if i.t finds that the Planned Development satisfies al.l of the following standards. 1. General Standards. a) The Planned Development shall be consistent with the regulations governing Planned Developments set forth within Section 1.2.4 of this Article. _27_ ' • b) The Planned Development shall provide for an effective and unified treatment of the development possibilities on the project site making appropriate provision or the preservation of scenic features and amenities of the site and surrounding areas. The Planned Development shall be planned and developed to harmonize with any existing or proposed development in the area surrounding the project site. c) The Planned Development shall satisfy the criteria for special exception uses as set forth in Article XVI, Section 16.7 of this Ordinance. 2. Design Standards . a) All buildings in the layout and design shall be an integral part of the development and have convenient access to and from adjacent use and blocks. b) Individual buildings shall be related to each other in design, masses, materials, placement and connections to provide a visually and physically inter~rated development. c) Treatment of the sides and rear of all buildings within the Planned Development group shall be comparable in amenity and appearance to the treatment given to street frontage of these same bui Idings . d) The design of buildings and the parking facilities shall take advantage of the natural feature, topography of the project site, where appropriate. e) All building walls shall be so oriented as to insure adequate light and air exposures to the rooms within. f) All buildings shall be arranged so as to avoid undue exposure to concentrated loading or parking facilities wherever possible and shall be so oriented as to preserve visual and audible privacy between adjacent bui Idi ngs . -28- r • g) All buildings shall be arranged so as to be accessible to emer- gency vehicles. 3. Landscape Desi n Standards. a) Landscape treatment for plazas, roads, paths, service and parking areas shall be designed as an integral part of a coordinated landscape design for the entire project area. b) Primary landscape treatment shall consist of shrubs, ground cover, and street trees, and shall combine with appropriate walks and street surfaces to provide an attractive development pattern. Landscape materials selected should be appropriate to local growing conditions . c) Whenever appropriate, existing trees shall be conserved and integrated into the landscape design plan. d) All streets bordering the project area shall be planted at appro- pr iate i nterva I s with street trees . 4. Circulation System Desi n Standards. a) There shall be an adequate, safe and convenient arrangement of pedestrial circulation facilities, roadways, driveways, off- street parking and loading space. b) Roads, pedestrian walks and open space shall be designed as integral parts of an overall site design. They shall be properly related to existing and proposed buildings and appropriately land- scaped. c) Buildings and vehicular circulation open spaces shall be arranged so that pedestrians moving between buildings are not unnecessarily exposed to vehicular traffic. d) Landscaped, paved and comfortably graded pedestrian walks shall be provided along the lines of the most intense use, particularly from building entrances to streets, parking areas and adjacent bui Idings . e) Materials and design of paving, lighting fixtures, retaining -29- • • walls, fences, curbs, benches, etc. , shall be of good appearance easily maintained, and indicative of their function. 5. Parking and Loading Design Standards. a) Parking facilities shall be landscaped and screened from public view to the extent necessary to eliminate unsightliness and monotony of parked cars . b) Pedestrian connections between areas and buildings shall be via special pedestrian walkways and/or elevators. c) Parking facilities shall be designed with careful regard to orderly arrangement, landscaping, ease of access, and shall be developed as an integral part of an overall site design. d) Any above-grade loading facility should be screened from public view to the extent necessary to eliminate unsightliness. e) Parking and loading facilities shall comply with Article XV of this Ordinance. XIII C-1 RETAIL COMMERCIAL DISTRICT Section 13.1 Permitted Uses And Structures: No building, structure, land or water shall be used except for one or more of the following uses: 1. Any retail business or commercial use that serves the public but which does not involve the manufacturing of products except bakeries employing less than five persons, and new or used car lots. 2. Personal service establishments including but not restricted to banks, barber shops, beauty parlors, medical and dental clinics, pro- fessional and other offices, funeral homes, filling stations, shoe repair laundry and dry cleaning pickup stations, locksmiths, watch repair and self-service launderies. 3. Hotels and Motels . 4. Restaurants . -30- 5. Theatres but not drive-in theatres. 6. Churches. • 7. Printing establishments employing not more than four (4) persons. 8. Private Clubs. Section 13.2 Building Height Fegulations: No structure shall exceed three (3) stories nor forty (40) feet in height unless approved as a special exception use pursuant to Section 13.3. Section 13.3 Special Exception Uses: When, after review of the application and public hearing thereon, the Vi Ilage Counci I finds as a fact that the proposed use or uses are in the public interest, after considering the standards set forth in Article XVI , Section 16.7 of this Ordinance the Vi Ilage Counci I may permit structures which exceed three (3) stories or forty (40) feet in height. Section 13.4 Condition Of Operation: 1, All businesses and servicing shall be conducted wholly within a completely enclosed building except for off-street loading, automobile parking, and filling stations. 2. Cornices, solid canopies, or architectural features may extend 48 inches over the sidewalk or required yard area, provided it shall have 9 feet of vertical clearance between any solid construction and the sidewalk or yard. Marquees or canvas covered fireproof canopies, no wider than entrance ways, may be constructed over main entrances to hotels, theatres and places of public assembly and may extend to the face of the curb, provided that no support shall be nearer than 18 inches to the face of the curb, and said installation shall have a minimum of ~ feet of vertical clearance between any solid construction and the sidewalk. No projections shall be allowed in the required rear yard except open type fire escapes, and these must be provided with acounter-balanced bottom section to provide for 9 feet clearance when up. Awnings may be sus- pended over sidewalks or ways provided that they shall not project nearer -31- • • than 18 inches to the face of the street curb line nor more than 8 feet from the exterior wall of the building, and said installation shall have at least 7 feet 6 inches of vertical clearance between any solid construction and the sidewalk or way. Cloth front and side drops shall measure not less than 6 feet 6 inches from their lowest point to the sidewalk or way. Section 13.5 Lot Coverage: Lot coverage shall not exceed sixty (60) percent. Section 13.6 Set Backs: 1 . Front Yard. A set-back of at least 15 feet in depth shall be provided, measured from the front lot line, said area to be used for planting and beautification. 2. Side Yard. No side yard required; however, side walls of all buildings at intersecting streets shall set back at least ten (10) feet from the side property lot line. 3. Rear Yard. There shall be a rear yard of ten (10) feet, or if the structure is abutting on a rear alley, the rear setback shall be ten (10) feet from the center of the alley. XIV C-2 -WHOLESALE COMMERCIAL AND LIGHT INDUSTRIAL DISTRICT Section 14.1 Permitted Uses And Structures: No building, structure, land or water shall be used except for one or more of the following uses: 1 . Any retail business or commercial use that serves the public. 2. Personal service establishments including but not restricted to banks, barber shops, beauty parlors, medical and dental clinics, pro- fessional and other officesa funeral homes, filling stations, shoe repair laundry and dry cleaning pickup stations, locksmiths, watch repair and self-service launderies. 3 . Hotels and Motels . 4. Restaurants. -32- ~ • 5. Theatres but not drive-in theatres. 6, Churches. 7, Private Clubs. 8. Automobile laundry. 9, Bakery. 10, Cold storage and frozen food lockers. 1].. Contractors storage and equipment yards, 12. Dry cleaning, dyeing and laundr~T establishments. 13. Mechanical garage. 14. Plumbing salesroom, shop and storage yards. 15. Printing and publishing establishments. 1.6. Building materials storage and sales, 17. A used car lot map be permitted in conjunction Frith a new car agency, but not otherwise located within the Village of Tequesta. 18. Small wholesale establishments employing not more than five (5) persons on the premises, exclusive of oti~ners or drivers or employees who spend a great part of their time outside rather than on the premises, and ,'hose operations would not be objectionable to nearby residents by reasons of noise, odors, fumes, dust, smoke or activities carried on after usual business hours. 19, General service anc~ repair establishments similar to those enumerated in this Section employing not more than ten (10) persons on the premises. Section 14.2 Building Height Regulations. No structure shall exceed three (3) stories nor forty (40) feet in height unless approved as a special exception use pursuant to Section 14.3. Section 14.3 S ep cial F~cce~tion Uses: When, after review of the application and public hearing thereon the Pillage Council finds as a fact that the proposed use or uses are in the public interest, after considering the standards set forth in Article XVI, Section 1.6.? of this Ordinance, the Village Council may permit the following uses: -33- • 1 . Community antenna television and other type of antenna used in the broadcasting industry and building and improvements appurtenant to these uses . 2. Structures which exceed three (3) stories or forty (40) feet in height. Section 14.4 Condition Of Operation: 1 . All businesses and servicing shall be conducted wholly within a completely enclosed building except for off-street loading, automobile parking, and filling stations. , 2. Cornices, solid canopies, or architectural features may extend 48 inches over the sidewalk or required yard area, provided it shall have 9 feet of vertical clearance between any solid construction and the sidewalk or yard. Marquees or canvas covered fireproof canopies, no wider than entrance ways, may be constructed over main entrances to hotels, theatres and places of public assembly and may extend to the face of the curb, pro- vided that no support shall be nearer than 18 inches to the face of the curb, and said installation shall have a minimum of 9 feet of vertical clearance between any solid construction and the sidewalk. No pro- jections shall be allowed in the required rear yard except open type fire escapes, and these must be provided with acounter-balanced bottom section to provide for 9 feet clearance when up. Awnings may be sus- pended over sidewalks or ways provided that they shall not project nearer than 18 inches to the face of the street curb line nor more than 8 feet from the exterior wall of the building, and said installation shall have at least 7 feet 6 inches of vertical clearance between any solid construction and the sidewalk or way. Cloth front and side drops shall measure not less than 6 feet 6 inches from their lowest point to the sidewalk or way. -34- Section 14.5 Lot Coverage: Lot coverage shall not exceed sixty (60) percent. Section 14.6 Setbacks And Yard Requirements 1 . Front Yard. There shall be a front yard of not less than twenty- five (25) feet measured from the street line to the front wall building line. 2. Side Yard. There shall be a side yard of at least ten (10) feet measured from the side,lot line to the side wall buiding line. 3. Rear Yard. There shall be a rear yard of at least ten (10) feet measured from the rear lot. line to the rear wall building line. No rear yard is required where the lot abuts on an existing or proposed railroad right-of-way or spur track. XV OFF STREET PARKING AND LOADING REGULATIONS Section 15.1 Size and Access: An off-s*.reet parking space shall consist of a parking space having minimum dimensions of ten feet (10') in width by twenty feet (20') in length for the parking of each automobile, exclusive of access drives or aisles thereto. Parking space shall consist of durable surfaced area exclusive of drive- way connecting the parking space with the street. Minimum width of an access drive shall be ten feet (10') for R-1 and R-1A districts and twelve feet (12') for all other districts. Minimum width of an aisle designed and intended for the maneuvering of an automobile into a parking space shall be twenty-four feet (24') for 90° parking, eighteen feet (18') for 60° (one-way traffic) parking and thirteen feet (13') for 45° (one-way traffic) parking. The parking plan must be so arranged that each automobile may be placed and removed from the parking space assigned thereto and taken to and from the property without the necessity of moving any other automobile to complete the maneuver. Street and/or sidewalk areas may not be used for off-street parking pur- poses as herein defined. Individual ingress and egress drives extending across -35- • the public sidewalks and curbs and connecting the off-street parking spaces to the public street areas shall not exceed a maximum of thirty feet (30') . The design, number and placement of such drives is to be subject to the approval of the Village Manager before being installed. In any District, in connection with every building, or building group or part thereof having a gross floor area of 4,000 square feet or more, which is to be occupied by commercial uses or other uses similarly requiring the receipt or distribution by vehicles of materials or merchandise, there shall be provided and maintained, on the same lot with such building, off-street loading berths or un- loading berths as follows: 4, 000-25, 000 sq . ft. - 1 berth 25,001-40,000 sq. ft. - 2 berths 40, 001-60, 000 sq . ft. - 3 berths For each additional 50,000 - 1 additional berth sq. ft. The loading or unloading berths required in each instance shall be not less than 12 feet in width, 25 feet in length and 14 feet in height, and may occupy all or any part of any required yard except for a required front yard. Provided, how- ever, that the loading or unloading berths shall be screened from the street or public way. Section 15.2 Screening: All off-street parking areas with spaces far more than five (5) vehicles shall be effectively screened on each side, which adjoins or faces a residential zone, except that such screening shall not be required where the parking area is already effectively screened from the residential zone by a natural terrain feature, railroad tracko~. elevated ground, change in grade or other permanent, natural or artificial screen or is separated therefrom by a road requiring a width of right-of-way of one hundred twenty (120) feet or more. Such screening shall be a solid wait or fence, not less than five (5) feet in height, or a hedge of not less than two (2) feet in height at the time of original planting may be used. The fence, wall and/or hedge, or permanent natural or artificial screen shall be maintained in good condition and no advertising shall be placed thereon. -36- • • The screening shall be designed and maintained so that safe vehicle sight dis- tance shall not be affected at entrances, exits , or at street intersections. Where one off-street parking area adjoins or abuts another such parking area under dif- ferent ownership or use, a landscaped planting strip not less than five (5) feet wide maintained in good condition may be used in lieu of the above required screen- ing. The screening shall normally be located abutting the side, rear, or front property line but may be located at a more appropriate place between the perimeter of the parking area and the property line to provide the most effective shield for the adjoining or facing premises from car lights, noise and traffic movement. Section 15.3 Drainage and Maintenance: Off-street parking facilities-shall be drained to prevent damage to abutting property and/or public streets and alleys and surfaced with erosion-resistant material in accordance wth applicable Village specifications. Off-street parking areas shall be maintained in a clean, orderly, and dust-free condition at the expense of the owner or lessee and not used for the sale, repair, dismantling, or servicing of any vehicles, equipment, materials, or supplies. Section 15.4 Markin Parking spaces in lots of more than (5) spaces shall be marked by painted lines or curbs or other means to indicate individual spaces. Signs or markers shall be used as necessary to ensure efficient traffic operation of the lot. Section 15.5 Off-Street Parking Regulations: All uses permitted under this Zoning Code shall be subject to the following minimum requirements: USE CATEGORY Boarding House SPACES REQUIRED PER BASIC_MEASURING UNIT One (1) space per roomer or boarder, in addition to normal requirements for the rooming unit. Dormitory Group dwellings, Garden Apartments Townhouses One (1) space per three (3) residents . Two (2) spaces per dwelling unit. -37- • USE CATEGORY Multi-family dwelling Single-family dwelling Two-family (Duplex) dwelling Apartment Hotel Churches Day nursery, kindergarten, pre-school, 8 day-care center Hospital Museum, art gallery, 8 similar uses Nursing home, convalescent home, rest home, 8 home for the aged Police 8 fire station Post Office Private Clubs, Swim 8 Country Clubs • SPACES REQUIRED PER BASIC MEASURING UNIT Two (2) spaces per dwelling unit. Two (2) spaces per dwelling unit. Two (2) spaces per dwelling unit. Two (2) spaces per dwelling unit. One (1) space per four (4) seats; or one (1) space per thirty (30) square feet of usable floor area of auditorium, which- ever is greater. Two (2) parking spaces per three (3) teachers and employees normally engaged in or about the building or grounds, plus one (1) off-street loading space per eight (8) pupils. One (1) space per three (3) beds intended for patients (except bassinets or beds in student nurses' quarters) plus one (1) space per medical staff member, plus (1) space per two (2) employees on shift of greatest employ- ment. One (1) space per four (4) seats in rooms for public assembly or for each one hundred fifty (150) square feet of gross floor area for use by the public, whichever is greater, plus one (1) space for each two employees on shift of great- est employment. One and one-half (1#) spaces per four (4) patient beds or residents, plus one (1) space per two (2) employees in- cluding nurses, on shift of greatest employment, plus one (1) space for each staff doctor . One (1) space per person on duty on a normal shift. One (1) space per four hundred (400) sq. ft. of gross floor area devoted to patron use plus one (1) space per two (2) employees on shift of greatest employment. One (1) space for each five (5) members. -38- USE CATEGORY Public Library Schools; elementary ~ junior high Schools: Trade and Vocational School Social, fraternal, social service, union and divic organization building Schools: Senior high, college and university Airport, heliports, railroad passenger station S bus terminal Auditorium, stadium, assembly hall, gymnasium, theatre, community recreation center Automobile service station, paint and body shops or public garage Beauty S Barber shops; personal services SPACES REQUIRED PER BASIC MEASURING UNIT One (1) space per four hundred (400) sq. ft. of gross floor area for public use plus one (1) space per two (2) employees on shift of greatest employment. Three (3) spaces per room used for ad- ministrative offices, plus one (1) space per room used for class instruction, plus one (1) space for each six (6) seats in auditorium and other places of assembly or facility available to the public. Five (5) spaces per room used for ad- ministrative offices, plus one (1) space per room used for class instruction, plus one (1) space for each five (5) seats in auditorium and other places of assembly or facility available to the public. One (1) space per sixty (60) sq. ft. of assembly area, plus one (1) space per each employee. Two (2) spaces per three (3) teachers and employees normally engaged in or about the building or grounds, plus one (1) space per five (5) students, or one (1) space for each one hundred and fifty (150) square feet of seating area, including aisles, in any auditorium, gymnasium or cafeteria intended to be used as an auditorium, whichever is greater. One (1) space per four (4) seating accomodations for waiting passengers, plus one (1) space per each employee on shift of greatest employment. One (1) space per four (4) fixed seats in largest assembly room or area, or for each forty (40) sq. ft. of floor area available for the accomodation of movable seats in the largest assembly room, or one (1) space per one hundred fifty (150) sq. ft. of gross floor area, whichever is applicable to the facility. Two (2) spaces for each service bay, plus one (1) space per employee during period of greatest employment. Two (2) spaces per barber or three (3) spaces per beautician based on the design capacity of the structure. -39- • USE CATEGORY Bowling Alley Business, governmental ~ professional offices Retai I stores, al I types Financial Institutions Mortuaries or funeral homes. Hotels, Motels or Boatels (including transient Hotels) Indoor ~ outdoor commercial recreation excluding bowling alley Medical and dental offices and clinics Restaurants, diners and night clubs, lounges ~ bars Kennel, commercial Riding Academies, or stables New and used car and boat sales, mobile home sales, truck and trailer sales, outdoor equipment and machinery sales, and commerc~.al nurseries.. Swimming pool, commercial SPACES REQUIRED PER BASIC MEASURING UNIT Five (5) spaces for each alley. One (1) space per three hundred (300) sq. ft. of gross floor area. One (1) space per one hundred (100) sq. ft. of basement and first floor sales area plus one (1) space per two hundred (200) sq. ft. of all other sales areas, plus one (1) space for each two (2) permanent employees . One (1) space per two hundred (200) sq. ft. of gross floor area. Five (5) spaces per parlor or chapel unit, or one (1) per four (4) seats, whichever is greater. One (1) space for each guest room plus one (1) space for each employee. One (1) space for each one hundred fifty (150) sq. ft. of gross floor, building, or ground area devoted to such use, or one (1) space per four (4) seats of facilities available for patron use, whichever is applicable to the facility. Three (3) patient's parking spaces per staff doctor, plus two (2) per three (3) employees, plus one (1) per staff doctor. One (1) space per three (3) seating accomodations, plus one (1) space for each employee on shift of greatest employment. Four (4) spaces for each veterinarian plus one (1) space for each two (2) employees. One (1) space per five hundred (500) sq. ft. of floor area. Four (4) spaces per sales-person, plus one (1) space for each employee during period of greatest employment. One (1) space for every thirty (30) sq . ft. of water area. -40- USE CATEGORY Wholesale establishments and business services, cold storage and frozen foods lockers, laundermats and other self service activities. SPACE REQUIRED FOR BASIC MEASURING UNIT One space (1) for every fifty (50) sq. ft. of customer service area, plus two spaces (2) per three (3) employees during period of greatest employment. All other wholesale commercial and Two (2) spaces per three (3) em- light industrial uses loyees plus one (1) space per four hundred (400) sq. ft. of floor area. XVI SUPPLEMENTAL REGULATIONS APPLYING TO A SPECIFIC, TO SEVERAL OR TO ALL DISTRICTS Section 16.1 General Provisions: The foregoing regulations shall be subject to the following provisions and exceptions: 1 . Chimneys, water tanks, radio or television antennas for commercial purposes, elevator lofts, church spires, flag poles and parapet walls may be erected above the height limits herein established. 2. No radio or television antennas shall extend more than forty (40) feet above the ground level in R-1A, R-1, R-2 and for one or two story dwellings in R-3. 3. Walls and fences shall not exceed five (5) feet in height; except as provided in item 5 hereof, however, hedges shall not be so restricted. 4. No business, professional or otherwise, shall be carried on in any dwelling structure. 5. All clothes lines shall be installed on locations which shall not be conspicuous from the public streets or from adjoining properties. Patio or parch railings may not be used as clotheslines. Clothes lines extending from second or higher floors of buildings are prohibited unless such clothes lines are properly screened from the public streets and from adjoining property. Fences or walls for the enclosure of clothes drying -41- • • areas may be erected to a maximum height of six (6) feet six (6) inches; provided, however, such construction is approved in advance by the appropriate authorities as to location on the property, the size of the area to be enclosed, and the height of the fence or wall . 6. Construction in coastal areas of the Vi Ilage must comply with all of the provisions of the "Palm Beach County Coastal Construction and Excavation Setback Ordinance No. 72-12", which ordinance or its successor shall prevail in the absence of a conflicting Village ordinance. 7. Recreation Space: In multiple residential developments where eight (8) or more dwelling units are in one (1) or more structures under single ownership, there shall be provided recreation space and/or facilities at the rate of one hundred fifty (150) square feet per dwelling unit. Such required space may be either within the principal structure, in an accessol"°ystructure, outside, or in any combination thereof. 8. No accessory building except as otherwise provided by this Ordinance shall be located in the area between the front wall building line of the dwelling structure and the street line. 9. Except as provided in Article IX, Section 9.6 of this Ordinance no accessory building shall be located less than ten (10) feet from any side or rear property line. 10 , Where the accessory bui Idi ng i s attached to the pri nci pa I bui Idi ng or connected thereto by a breezeway, the side yard shall be measured from the outer wall thereof. 11 . No accessory building shall be erected for temporary living purposes before the principal building is under construction to the point of being fully enclosed. 12. No stands or open counters for feeding, drinking, or other purposes shall be erected or permitted anywhere in the Village unless the same be within a building, except that such facilities and uses may be erected or permitted in landscaped park areas in excess of two (2) acres after approval by the Village Council . -42- • • Section 16.2 Swimming Pool Regulations: 1 . No swimming pool shall be located, designed, operated or maintained so as to interfere unduly with the enjoyment of their property rights by owners of property adjoining the swimming pool. 2. Lights used to illuminate any swimming pool shall be so arranged and shadowed as to reflect away from adjoining premises. 3. Setbacks: For purposes of measuring setback requirements a peri- meter of three (3) feet will be established surrounding any swimming pool and shall be considered a part of such pool . AI I measurements wi II be taken from this perimeter.. The following setbacks shall be observed: a) Minimum front setback: Same as requirements for a residence located on the parcel of land where the pool is to be constructed; provided, however, that in no case will the pool be located closer to the front lot line than the main or principal building is located. b) Minimum side setback: Not less than ten (10) feet from the side lot line except as provided in Article IX, Section 9.6 of this Ordinance. c) Minimum rear set back: Not less than ten (10) feet from the rear lot line. 4. All pools shall be enclosed by a fence, wall or equivalent barrier at least four (4) feet high. 5. If the pool is covered or surrounded by a screened structure, the setbacks of the structure shall be the same as those in 3 above. Section 16.3 Fillin Stations 1 . No filling station shalt be erected within the Village of Tequesta, Florida, unless the same is adjacent to U. S. Highway No. 1. 2. No filling station shall be erected within 600 feet of an existing station to be measured in a straight line from main entrance door to main entrance door . -43- • • 3. The following regulations shall apply to all filling stations: a) There shall be a building setback from all right-of-way lines a distance of not less than forty (40) feet. b) Main and accessory buildings shall not be constructed closer than fifty (50) feet to any residential district. c) The minimum distance between the intersection of right-of-way lines at a corner lot and the driveway to a filling station shall not be less than twenty (20) feet. d) A raised curb at least six (6) inches in height shall be con- structed on all street property lines, except at driveway openings. e) The length of curb openings shall not exceed forty-five (45) feet . f) Where two curb openings are giving access to a single street, they shall be separated by an island with a minimum dimension of twenty-five (25) feet at the right-of-way line. Curb cuts for driveways shall not be located closer than ten (10) feet to any adjoining property line. g) To insure that sufficient room be provided on either side of the pumps without intruding upon sidewalks or on adjoining property, gasoline pumps shall not be located closer than fifty (50) feet from any residential district,. h) Gasoline pump islands shall not be located closer than fifteen (15) feet to any street right-of-way line; however, where pump islands are constructed perpendicular to the pavement edge, the pump island shall be located not less than thirty (30) feet back of the right-of-way line. i) Canopies shall not be constructed closer than fifteen (15) feet from street right-of-way. j) The use of a gasol i ne fi I I i ng station for the purpose of sel I i ng used motor vehicles, trailers or other recreational vehicles is prohibited. -44- • • k) All oil drainage pits, hydraulic lifts and mechanical repair work shall be located or conducted within an enclosed structure. I) No more than two damaged vehicles or vehicles under repair, nor used vehicle components exposed to view from a public road shall be permitted. Such vehicle or vehicles shall not remain for a period exceeding two weeks. Section 16.4 Performance Standards -General Requirements Every use located within the C-2 District shall be so operated as to comply with the following minimum performance standards: 1 . Objectionable noises due to intermittance, beat frequency, or shrillness shall be muffled or eliminated so as not to become a nuisance. 2. Every use shall be so operated that ground vibration inherent and recurrently generated is not perceptible. 3. Every use shall be so operated as to prevent the emission of smoke, from any source whatever, to a density greater than described as h~umber 1 on the Ringlemann Chart. 4. Every use shall be so operated as to prevent the emissicn into the air of dust or other solid matter which may cause damage to property or discomfort to persons or animals at or beyond the lot line of the property on which the use is located. S. Every use shall be so operated as to prevent the discharge into any drainage ditch, stream, or ground of any waste which will be dangerous or discomforting to persons or animals or which will damage plants or crops or the public water supply beyond the lot line of the property on which the use i s located . 6. Every use shall be so operated as to prevent the emission of objection- able or offensive odors in such concentration as to be readily perceptible at -45- • • any point at or beyond the lot line of the property on which the use is located . 7. Each use shall be operated so as to lessen the damage from fire and explosion. Section 16.5 Landscaping -General Requirements Landscaping shall be provided in all zoning districts according to the following regulations: 1 . Landscaping of open land uses: Open land uses shall mean open air parking lots, private or public; new or used automobile sales lots; and parking areas serving-any commercial, business, or service use. Any open land use area which abuts any public street right-of-way or abuts or is across an alley from any land used or zoned for residential use shall be required to provide a planting strip inside the property line. Such planting strip on the front property line shall be not less than three (3) feet in width and shall be provided with a hedge of not less than one (1) or more than four (4) teet in height to form a continuous screen between the open land use and the public street right-of-way. 2. In the planting strip abutting and/or immediately adjacent to residential areas there shall be erected a living hedge not more than six (6) feet from said residential property line. Said hedge must be planted within thirty (30) days after occupancy or use of the property, must be planted not more than three (3) feet apart, and must be maintained at a height of not less than six (6) feet and not more than ten (10) feet. 3. The area of the required planting strip not occupied by a fence or hedge shall be provided with grass or other plant ground cover material . In addition, one (1) tree shall be provided for each fifty (50) lineal feet of such landscaped area. Such trees shall be not less than seven (7) feet high at time of planting and be of such variety that at maturity they will have a crown spread not less than fifteen (15) feet. -46~- • • 4. Necessary access ways from public rights-of-way through all required landscaped areas shall be permitted to service the open land use. 5. All landscaped areas and plantings shall be provided with facilities ~~~ for irrigation, automatic or at least one (1) hose connection within one hundred (100) feet of every landscaped area sufficient to reach every portion of the {andscaping. 6. In cases where hedges or continuous screening or a structure already exists on the front property line to a height of at least four (4) feet no planting strip nor trees shall be required. 7. In commercial parking areas for more than fifty (50) vehicles there shall be one (1) tenj (10) by ten (10) tree planting area, protected by a raised curb, for each twenty parking spaces. A tree of the species designated by the Village Council shall be planted in each planting area and meet the requirements of Section 16.5(3) above. Section 16.6 Establishments Selling Intoxicating Beverages: All places of business selling intoxicating liquors, wines and beverages for consumption on the premises shal I not be located within one thousand (1 , 000) foot radius of any church, school or youth center. The one thousand (1,000) feet shall be measured in a straight I i ne from main entrance door . Section 16.7 Special Exception Uses 1 . Criteria: Special exception uses and their related accessory uses or any expansion, enlargement, or modification of an existing special exception use shall be permitted only upon authorization of the Village Counci I provided that such uses sha I I be found by the Vi I lage Counci I to comply with the following requirements and other applicable requirements as set forth in this Chapter: a) That the proposed use is permitted special use. -47- ~• ~ b) That the use is so designed, located and proposed to be operated so that the public health, safety, welfare and morals will be protected. c) That the use will not cause substantial injury to the value of other property in the neighborhood where it is to be located. d) That the use will be compatible with adjoining development and the proposed character of the District where it is to be located. e) That adequate landscaping and screening is provided as required herein. f) That adequate off-street parking and loading is provided and ingress and egress is so designed as to cause minimum interference with traffic on abutting streets. g) That the use conforms with all applicable regulations governing the District where located, except as may otherwise be determined for planned developments. For planned development see Article XII of this Ordinance for additional standards. 2. Procedure: Special exception uses, including planned developments, shat I be heard and decided by the Vi I lage Counci I . The Counci I may grant the special exception, grant it with appropriate conditions, or deny the special exception when not in harmony with the purpose and intent of this Ordinance. In the event that a special exception use is granted with appropriate conditions and safeguards, violation of the conditions and safeguards shall be deemed a violation of this Ordinance. No special exception shall be granted which will adversely affect the public interest. A public hearing pursuant to Sections 175.05 through 176.062 of the revised Statutes of Florida shall be held on all applications for special exception uses. The Community Appearance Board shall review all applications for special exception uses and shall file a report with -48- ~ • written recommendations with the Vi Ilage Manager not less than five (5) days before the public hearing and the report shall be available for public inspection during reasonable hours. Failure of the Community Appearance Board to file the report required herein shall not affect the pending appli- cation for a special exception use, nor invalidate the public hearing thereon. The review by the Community Appearance Board shall be to make findings pursuant to the criteria set forth in this Ordinance. XVI I BOARD OF ADJUSTMENT A Board of Adjustment is hereby established. The word "Board" when used in this Ordinance shall be construed to mean the Board of Adjustment. The Board shall consist of five (5) members appointed by the Council. The organization and procedure of the Board, its meetings, method of handling appeals and other related matters, shall be in conformity with Sections 176.08 through 176.21 of the revised Statutes of Florida. Where there are practical difficulties or unnecessary hardships in~the way of carrying out the strict letter of this Ordinance, appeals to the Board may be taken by any person aggrieved. The Board shall have the following duties and powers: 1 . To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by administrative officials in the enforcement of this Ordinance. 2. To authorize, upon appeal in specific cases, such variances from the terms of this Ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the Ordinance wi II result in unnecessary hardships;. and so that the spirit of the Ordinance shall be observed and substantial justice done. In exercising the above mentioned powers, the Board by the concurring vote of four (4) members may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed -4~ • • from and make such order, requirement, decision or determination as ought to be made. In considering all proposed variations to this Ordinance, the Board shall, before making any finding in a specific case, first determine that the proposed variation will not constitute any change in the districts shown on the zoning map and will not impair any adequate supply of light and air to adjacent property, or materially increase the congestion in public streets, or increase the public danger of fire and safety, or materially diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, morals and general welfare of the Village of Tequesta, Florida. XVIII INTERPRETATION It is not intended by this Ordinance to interfere with nor abrogate nor annul any easements, covenants or other agreements between parties; provided however, that where this Ordinance imposes a greater restriction of any kind upon the use of buildings or premises, or upon the height of buildings, or requires larger open spaces than are imposed or required by other Ordinances, rules, regulations, or by easements, covenants, or agreements, the provisions of this Ordinance shall control. XIX NON-CONFORMING USES The lawful use of any building, structure or land existing at the time of the adoption of this Ordinance may be continued although such use does not conform to the provisions thereof, provided however, the following conditions are met: Unsafe Structures or Buildings: Any structure or building or portion thereof declared unsafe may be restored to a safe condition. 2. Construction Approved Prior to Ordinance: Nothing herein shall require any change in plans, construction or designated use of a building or structure for which a building permit has been issued and the construction of which shall have been diligently carried on within six months of the date of such permit. -50- • • 3. Alterations: Anon-conforming bui Iding may be maintained and' repairs and alterations may be made, except that in a building which is non-conforming as to use regulations, no structural alterations shall be made except those required by law including eminent domain pro- ceedings. Repairs as plumbing or changing of partitions or other interior alterations are permitted. 4. Extensions: Buildings or structures or uses of land which are non-conforming shall not be extended or enlarged. 5. Non-Conforming Use of Land: When anon-conforming use of land has been discontinued for a period of ninety (90) days~its future use shall revert to the uses permitted in the district in which said land is I oca ted . 6. Abandonment: Anon-conforming use of land or of a building which has been vacated or abandoned for ninety (90) days shall not thereafter be occupied by any non-conforming use. 7. Destruction ~ Fire or Other Act: Nothing in this Ordinance shall be taken to prevent the restoration of a building destroyed to the extent of not more than seventy-five (75) percent of its assessed value by fire, explosion or other casualty, or Act of God, or the public enemy, nor the continued occupancy or use of such building or part thereof which existed at the time of such partial destruction. Restoration must be started within ninety (90) days. XX CHANGES AND AMENDMENTS The Vi Ilage Counci I may from time to time, on its own motion or on petition, amend, supplement, change, modify or repeal by Ordinance the boundaries or districts or regulations or restrictions herein established, after public hearing pursuant to Sections 176.05 through 176.062 of the revised Statutes of Florida. -51- i • XXI - VALIDITY Should any section, clause or provision of this Ordinance be declared by the Court to be invalid, the same shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part so declared to be invalid. XXI I ENFORCEMENT, VIOLATIONS a; PENALTIES Section 22.1 Enforcement: The Village Manager is hereby authorized and directed to enforce this Ordinance. Section 22.2 Violations and Penalties: Violation of the provisions of this Ordinance or failure to comply with any of its requirements (including violation of conditions and safeguards established in connection with grants of variances or special exceptions) , after notice by a Village official, shall constitute a misdemeanor. Any person upon conviction of such misdemeanor shall be fined not more than five hundred dollars ($500.00) or imprisoned for not more than thirty (30) days or both, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. The owner or tenant of any building, structure, premises, or part thereof and any architect, building contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. It shall be a misdemeanor for any person to destroy, move, remove, or deface or obscure any sign or notice erected or posted pursuant to the require- ments of this Ordinance. Nothing herein contained shall prevent the Village or any aggrieved or interested person from taking any other lawful action necessary to prevent or remedy any violation. The Village or any aggrieved or interested person shall have the right to apply to the Circuit Court of Palm Beach County, Florida to -52- .<- ~: enjoin and restrain any person violating the provision of this Ordinance and the Court, upon proof of same,. shall have the duty to issue forthwith such temporary and permanent injunctions as are necessary to prevent the violation. XXI I I REPEAL OF PREVIOUS ORDINANCE All Ordinances and sections thereof in conflict herewith are hereby repealed. XXIV EFFECTIVE DATE This Ordinance shall become effective on the date of its adoption by the Vi I lage Counci I . PASSED AND ADOPTED ON ~/1-4~~ READING THIS .Z~7 ~ DAY OF ~~ 1973. APPROVED: y~ Mayor ~ ` C erk - ~~'"FLU u~~ Lf ~~ '~ % ~ ~~ i -53- ~ • OFFICIAL ZONING ORDINANCE - ©ILLAGE OF TEQUESTA, FIARIDA 1973 ORDINANCE N0. 211 FAS5ED AND ADOPTED BY THE ~lLLAGE COUNCIL ON MAY 28, 1973 Amended by Ordinance Nv. 213, September 11, 1973 Amended by Ordinance Nv. 218, January 22, 1974 Amended by Ordinance Nv. 221, September 10, 1974 • ~ OFFICIAL ZONING ORDINANCE -VILLAGE OF TEQUESTA, FLORIDA __.. ~ ~, f°' ~~1973 ~ ; ~ OP,DIRTA'1TCI; ~'0. 21.1 PASSh;D AND ADOP'L'EP BY TFIE VILLAGE COUNCIL ON tr1AY 28, 1.973 AMENDED BY ORDINANCE N0. 213, SEPTEI~ER 11, 1973 AMENDED BY ORDINANCE N0. 218, JANUARY 22, 1974 • • QFFICIAL ZONING ORDINANCE -VILLAGE OF TEQUESTA, FLORIDA 1973 Article Section Title Page Title - 1 II Purpose, Authority 1 III .Jurisdiction 2 IV Definitions 2 V Establishment of Districts 9 VI Interpretation of District Boundaries 10 VII Restrictions Upon Lands and Buildings 11 VIII R-1A -Single Family Dwelling District 11 8.1 Uses Permitted 11 8.2 Special Exception Uses 11 8.3 ' Building Height Regulations 12 8.4 Building Site Area Regulations 12 8.5 Building Area Requirements 12 8.6 Yard Requirements 12 IX R-1 Single Family Dwelling District 14 9.1 Uses Permitted 14 9.2 Special Exception Uses 14- 9.3 ' Building Height Regulations 14 9.4 Building Site Area Regulations 15 9.5 Building Area Requirements 15 9.6 Yard Requirements 15 X R-2 -Multiple Family Dwelling District 16 10.1 Uses Permitted 16 10.2 Special Exception Uses 17 10'.3 Building Height Regulations 17 10.4 Building Site Area Regulations 17 10.5 Building Area Requirements 17 10.6 Yard Requirements 18 10.7 Open Space Requirements 19 XI R-3 '- Multiple Family Dwelling District 19 11.1 Uses Permitted 19 11.2 Special Exception Uses 20 11.3 Building Height Regulations 20 11.4 Building Site Area Regulations 20 11.5 Building Regulations 21 11.6 Building Area Requirements 21 11.7 Open Space Requirements 21 11.8 Yard Requirements 22 Xll Planned Development 23 12.1 General Description 23 12.2 Approval 23 12.3 Procedure 24 12.4 Regulations Governing Planned Development 27 12.5 Standards For- Reviewing Planned Developments 27 • Article Section Title XIII C-1 Retai I Commercial District 13.1 Permitted. Uses and Structures 13.2 Building Height Regulations 13.3 ~ Special Exception Uses 13.'4 Condition of Operation '13.'5 Lot Coverage 13.'6 Set Backs XIV C-2 -Wholesale Commercial and Light Industrial District 14.1 Permitted Uses and Structures 14.2 Building Height Regulations 14.3 Special Exception Uses 14.4 Condition of Operation 14.5 Lot Coverage 14.6 Setbacks and Yard Requirements XV Off Street Parking and Loading Regulations 15.1 Size and Access 15.2 Screening 15.3 ' Drainage and Maintenance 15.4 Marking 15.5 Off-Street Parking Regulations XVI Supplemental Regulations Applying to a Specific, to Several or to All Districts 16.1 General Provisions 16.2 Swimming Pool Regulations 16.3 Filling Stations 16.4 Performance Standards -General Requirements 16.5 Landscaping -General Requirements 16'.6 Establishments Selling Intoxicating Beverages 16.7 Special Exception Uses XVII Board of Adjustment XVII I Interpretation XIX Non-Conforming Uses XX Changes and Amendments XXI Validity XXII Enforcement, Violations and Penalties 22.1 Enforcement 22.2 Violations" and Penalties XXIII Repeal of Previous Ordinance XXIV Effective Date Page 30 30~ 31 31 31 32~ 32 32 32 33 33 34 3S 35 35 35 3 6' 37 37. 37 41 41 43 43 45 46 47 47 49 50 50 51 52 52 S2 52 53 53