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HomeMy WebLinkAboutOrdinance_208_04/24/1973• • ORDINANCE NO. 208 AN ORDINANCE OF THE VILLAGE OF TEQUESTA, FLORIDA, CREATING A COMMUNITY APPEARANCE BOARD; PROVIDING FOR ITS ORGANIZATION, POWERS AND DUTIES; AND PROVIDING THE CRITERIA BY WHICH IT SHALL BE GOVERNED. WHEREAS, expanding building programs and land developers have greatly reduced open spaces in our town, resulting in an awareness of the im- portance of good design land use, and the importance of maintaining good com- munity appearance in new building programs, and programs calling for the im- provement and preservation of existing buildings; and WHEREAS, government bodies and private agencies are seeking ways to revitalize our cities and towns, and the judicial decisions in matters involving aesthetics have been sympathetic in their recognition of the need of various towns to protect their distinctive character and beauty; and WHEREAS, the Village Council of the Village of Tequesta, Florida, has determined that good community appearance is the product of orderly and harmon- ious relationships established between man-made objects and nature, and a pleasing and attractive scene results from skillfull combinations in the relation of these elements of contrasts and similarities; and WHEREAS, appearance has the direct bearing on the economic value of property. When the appearance of public areas, business establishments, and the residential community is good, shoppers, businessmen and home owners are all attracted to the community. Poor appearance, conjestion, and lack of proper maintenance brings about blight, decay, decreased property values and loss of revenues. NOW, THEREFORE, THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, ORDAINS AS FOLLOWS: 1. Creation, members, terms, appointment. A community appear- ante board is created: a) The board shall be composed of five (5) members (who shall serve without compensation), appointed by the Village • • Council. Of the members of the board first appointed, one shall hold office for the term of one year, two for the term of two years and two for the term of three years from and after their appointment. Their successors shall be appointed for the term of three years from and after the expiration of the terms of their predecesors in office. Board vacancies shall be filled by the Village Council for the unexpired term. The Council shall have power to remove any member of the board for cause. The Village Council should appoint two alternate members of the community appearance board who shall serve when called upon by the chairman in the absence or disability of any regular member. Alternate members shall be appointed by the Village Council for terms of one year. _ 2. Organization; qualification of members. The community appear- ante board shall elect a chairman and vice- chairman to preside at its meetings, and shall formulate its rules and regulations for the conduct of its business. The mem- bers of the board shall have the following qualifications: a) Each member must be a resident of the Village of Tequesta, Florida. b) Whenever feasible, the Village Council should appoint archi- tects or persons with architectural experience to the board. 3. Powers and duties; plans and specifications; criteria. a) The approval of at least a majority of the board signified by their signature on each set of plans and specifications required to be submitted with each application for a permit, shall be prerequisite to the issuance of any building permit required to be reviewed by the board. The community appearance board may require such changes in said plans and specifi- cations as in its judgment may be requisite and appropriate to the maintenance `of`a high standard of architecture, beauty and harmony as established by the standards adopted herein by -2- • • the Village Council for the guidance of the board. b) Every application for a permit to erect a building or structure or to materially alter a front or side elevation of any existing building or structure in the Village, excluding single family dwellings, shall be accompanied by two (2) sets of detailed plans and, if the plans submitted do not furnish sufficient information adequately to show the scope of the planned construction for which a permit has been re- quested, then there shall be furnished, in addition to the two (2) sets of detailed plans, one (1) set of detailed speci- fications for such proposed work; both the plans and speci- fications shall be prepared by a registered architect or regis- tered engineer, qualified under the laws of the State of Ftorida to prepare such plans and specifications and no permit therefore, shall be issued until such plans (and specifications when re- quired) shall have been previously approved by the board as hereinabove provided. No plans or specifications in violation of this or any other ordinance of the Village shall be approved. No permit for the construction or addition to any building (ex- cluding single family dwellings) shall be issued until and unless the plans therefor have been approved by the community appear- ante board as being in accordance with the standards as provided for in subsection (a) of this section. c) The community appearance board may approve, approve with conditions, or disapprove the issuance of a building permit in any matter subject to its jurisdiction after consideration of whether the following criteria are complied with: 1) The plan for the proposed structure or project is in conformity with good taste, good design, and in general contributes to the image of the Village of Tequesta as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas and high quality. - 3- 1 2) The proposed structure or project is not, in its ex- terior design and appearance, of inferior quality such as to cause the nature of the local environm ent or evolving environment to materially depreciate in appearance and value. 3) The proposed structure or project is in harmony with the proposed developments in the general area, with the comprehensive plan for the Village of Tequesta, Florida, and with the criteria set forth in the "Supplemental Criteria and Procedural Rules of the Community Appearance Board" listed in this ordinance, as may be from time to time amended or revised. Any decision of the board must comply with such Supplemental Criteria and Procedural Rules of the Com- munity Appearance Board. Such Supplemental Criteria and Procedural Rules of the Community Appearance Board must be consistent with the criteria herein set forth in this sub- section. Such Supplemental Criteria and Procedural Rules of the Community Appearance Board may be amended from tame to time by ordinance regularly adopted upon action initiated by the Village Council; provided that, if the com- munity appearance board shall make a recommendation to the Village Council for changes in such Supplemental Criteria and Procedural Rules of the Community Appearance Bca rd, the Village Council shall consider same and may either adopt such recommendations by ordinance, adopt with modi- fications, or reject it. 4) The proposed structure is in conformity with the standards of this code and other applicable ordinances insofar as the location and appearance of the buildings and structures are involved. If the above criteria are met, the application shall be approved. Conditions may be ap- plied when the proposed building or structure does not -4- • • comply with the above criteria and shall be such as to bring said structure or project into conformity. If any application is disapproved, the community appearance board shall detail in its findings the criterion or criteria that are not met. The action taken by the board shall be reduced to writing, signed by the chairman, and a copy thereof made available to the applicant upon request. 4. Meetings; records; approval of plans; appeals from board, decision. a) The community appearance board shall meet at the call of the chairman in order to consider applications pending without un- necessary delay. All meetings shall be open to the public and the order of business and procedure to be followed shall be as prescribed within the rules and regulations to be adopted by the board. A majority of the board shall constitute a quorum and the affirmative vote of a majority of the board present shall be necessary for any action thereof. The Village Manager is autho- rized and empowered to appoint a secretary for the board. A record of the proceedings of the board shall be kept, showing its action on each question considered. Such record shall be filed in the office of the secretary of the community appearance board of the Village, and shall be open for public inspection. b) Failure of the board to take final action within twenty (20) days of sufficient plans and specification being filed with the board shall constitute approval of such plans and specifications by the board. c) Any person aggrieved by a decision of the communi ty appearance board may file a notice of appeal with the Village Council by filing same with the Village Clerk. Such notice of appeal shall specify the action taken by the board and in what respect to his application. The Village Council shall sit, in open session as an appeal board from the community appearance -5- ~ • board within twenty (20) days of the notice of appeal being filed and shall render an order within seven (7) days after so sitting, which order shall either affirm the action of the community appearance board, affirm it with modifications or reverse it. 5. Effect of article and board approval of plans. The requirements of this article are in addition to any other requirement of the Code of Ordinances of the Village of Tequesta, such as the zoning code and the building code. Ap- proval by the community appearance board of a given set of plans and specifi- cations does not necessarily constitute evidence of applicant's compliance with other requirements of the Code of the Village of Tequesta. 6. Supplemental Criteria and Procedural Rules of the Community Appearance Board. a) General Requirements. The general requirements are minimum esthetic standards for all site development, buildings, structures, or alterations within the corporate limits of Tequesta, Florida, except in Districts R1A and R1. It is required that site development, buildings or alterations with the sole exception of Districts R1A and R1 show proper design concept, express honest design construction and be appropriate to the s~-urroundings. 1) Buildings or structures which are a part of a present or future group or complex shall have a unity of character and design, a relationship of forms and the use, texture and color of materials shall be such as to create a harmonious whole. When the area involved forms an integral part of, is immediately ad- jacent to or otherwise clearly affects the future of any established section of the Village, the design, scale, and location on the site shall enhance rather than detract from the character, value, and attractiveness of the surroundings. 2) Buildings or stii~ctures located along strips of land or on single sites and not a part of a unified multi-building - 6- • complex shall strive to achieve visual harmony-with the surroundings. If they are built in undeveloped areas, the three primary requirements shall be met -express honest design construction, show proper design concepts, and be appropriate to the Village of Tequesta. 3) All facades visible to public or adjacent property shall be designed to create a harmonious whole. Materials shall express their function clearly and not appear as a material foreign to the rest of the building. 4) It is not to be inferred that buildings must look alike or be of the same style to be harmonious. Harmony can be achieved through the proper consideration of scale, proportions, site planning, landscaping, materials and color. 5) Buildings, which are of symbolic design for reasons of advertising and are not compatible to the atmosphere of Tequesta, will not be approved by this Board. Symbols, attached to buildings will not be allowed unless they are secondary in appearance to the building and landscape and are an aesthetic asset to the project and neighborhood. 6) Exterior lighting may be used to illuminate a building and its grounds for safety purposes, but in an aesthetic manner. Lighting is not to be used as a form of adver- tising in a manner that is not compatible to the neighborhood or in a manner that it draws considerably more attention to the building grounds at night than in the day. Lighting fol- lowing the form of the building or part of the building will not be allowed. All fix'~.t~ used in exterior lighting are to be selected not only for functional value, but for aesthetic value. 7) Buildings of a style or style type foreign to South Florida and/or its climate, will not be allowed. It is also -7- • • to be understood that buildings, even though they have a historical significance to South Florida, but do not con- form to the existing nor to the evolving urban atmosphere of Tequesta, will not be approved. 8) Building surfaces, walls and roofs that are considered garish by the Board will be denied approval. 9) "Take out" or "pick up" windows of retail or whole- sale establishments shall not be located on a building facade that faces a public right-of-way, unless they are designed in such a manner as to be an aesthetic asset to the building and neighborhood. 10) All exterior forms, attached or not attached to buildings, shall be in conformity to and secondary to the building. They shall be an asset, both to the aesthetics of the site, and to the neighborhood. 11) All telephones on private property, vending ma- chines, or any facility dispensing merchandise or a service, shall be confined to a space build into the building or buildings or enclosed in a separate structure compatible with the main building. 12) No advertising will be allowed on any exposed amenity or facility such as benches and trash containers. 13) The following is added criteria that pertain to, but are not limited to gasoline stations. Symbolic color of the exterior facades or roofs may not be used unless they are harmonious with the atmosphere of the neighborhood. Example: Royal blue, which symbolizes a brand of gasoline and other establishments, would not be acceptable in most cases. Exterior display of goods for sale or those designating a service will not be allowed, except gasoline station's display of goods and tools of a service may be displayed on the pump island, provided that the -8- • island is not considered by the Board to be enlarged to take advantage of this provision, and provided that the goods and tools be such that they can be used or installed at the island. For example: An oil rack is acceptable, but a tire display is not. Areas used to store materials such as mufflers, tires, packing crates or cases, refuse and garbage, shall be screened from adjacent property and fo m the public view. b) Exterior Space General. The scale of exterior space is to be relative to its neighborhood, adjacent properties, buildings, access roads and pedestrian routes) and its activity. Building facades enclosing a space must be harmonious. Where, because of their use or age, like facades are not possible, consideration should be taken to unify the walls of the space by the application of landscaping, or man-made objects of like design, at modular spacing. The floor of a space is of primary importance, its materials, texture and color, contour and shadow on it are are to be considered, not only in relation ~ the space, but to its setting. Natural vistas must be surveyed and planning steps are to be taken to preserve them to the greatest extent. Careful consideration to future development shall be given to vistas which open into un- developed areas. c) Landscaping. Too much emphasis cannot be placed upon landscaping as a means of achieving beauty in the community. In some projects and areas it will be the primary tool avail~.ble. This Village, with its sub-tropical vegetation and characteristics, is blessed with diverse areas of native plants and terrain to serve as guides and models. It is the desire of the Board that landscape design and planning become more .integrated with the overall area design concept and not be considered merely as an afterthought. Toward this end proposed landscaping schemes will be evaluated as to their relationship to: The existing natural landscape, existing and proposed man developed landscape, including those on adjacent -9- 1 • • properties and street rights-of-way and the building or buildings existing and proposed. 1) The Board strongly feels that the existing natural landscape character should be preserved whenever possible. As an example of this, the Board would prefer that in an area containing a strand of trees that the developer would preserve as many of these trees as possible and further landscape in a com- plementary manner, rather than destroy the existing trees and replant with a type of vegetation completely foreign to the immediate natural environment. 2) Landscaping includes not only trees and plant- ings, but paving, benches, fountains, exterior lighting fixtures, fences, and any other item of exterior furniture. All items of the landscape are to be selected, not only for their- functional value, but for their aesthetic value and must complement the whole. 3) One of the basic uses of landscaping will be to screen. It is the masking out or concealing a partic- ular objectionat area, accessory use of an otherwise acceptable structure or space. The achievement of this is left to the designer, whether by walls, fences, mounds of earth, or vegetation. Screening shall be employed to mask from the public view or adjacent properties such service areas as trash and garbage areas, outside equipment of an unaesthetic character, and accessory buildings or areas not enhancing or in keeping with the aesthetics of the project or neighborhood. 4) Landscaping shall be designed in such a manner as to impart its aesthetic character when viewed from any -10- ~ ~ area accessible to the public or from adjacent prop- erties. This is to include views from highrise build- ings and bridges. 5) All landscaping and plantings designated on the plans approved by the Soard shall become effective and/or attain the size or height indicated within one (1) year from the date of the Certificate of Occupancy of the project. d) Parking lots. 1) Parking lots are to be designed as an aesthetic asset to a neightborhood and to the building, group of buildings, or facility it serves. It is to be considered an outside space, a transitional space which is ex- perienced between the access (such as roads) and the building, group of buildings or other outside spaces, which it serves. The responsibility toward beautifi- cation and design of the parking lot is the same as that which the home owner has to his residential lot. The parking lot, because it is viewed from above as well as at eye level, should be designed accordingly. 2) Parking lots and their parked automobiles are to be effectively screened from the public view and from adjacent property and in a manner that is attractive and compatible with safety, the neighborhood, and facilities served. 3) The atmosphere within the parking lot is to be park-like rather than the harsh hardstand of paving. Ten percent (10%) miniumum of the gross parking area is to be devoted to living landscaping, which includes grass, ground cover, plants, shrubs and trees. Trees are of primary importance in the landscape. They are -11- • not to be minimized in height ator in quantity. The tree imparts, especially in a relatively flat area, a sense of three dimentional space, it casts shadows that reduce the monotony of the expanse of paving and creates a refuge from the tropical sun. Signs desig- nating entrances, exits, regulations, etc. , are to be of a tasteful design and subject to review by the Board. The pavement is to be more than wall to wall asphalt. It is recommended that pavement be varied in texture or color designating lanes for automobile traffic, pedestrian walks and parking spaces. Bright colored pavement is to be used only with restraint. In order to create a pleasant atmosphere it is recommended that consideration also be given to sculpture, fountains, gardens, pools and benches. Design emphasis is to be given to the entrances and exits to the lot. Trash, ref- use and unaesthetic storage and mechanical equipment must be screened from the parking lot. 4) Lighting is to be designed not only from a standpoint of safety and vandalism, but for visual effect. It is not to create an annoyance to the neighbors, nor is it to impart aprison-like atmosphere. Low lights of a human scale can be used along with feature lighting em- phasizing plants, trees, barriers, entrances, exits, etc. The fixtures are to be selected not only for their functional value but for their aesthetic value. e) Definitions. 1) PROPER DESIGN CONCEPTS -refers to archi- tectural planning and to the analysis of the whole structure in terms of form and composition, color, materials, and surface decoration. It includes scale in relationship to -12- s • scale of adjacent buildings and landscape. It applies to inner character of the individual project.- It applies in the same manner to alterations and advertising on the project (building). No one will be permitted the excuse that the area contains other unsightly buildings. 2) HONEST DESIGN CONSTRUCTION -concerns proper design of all work in its details, the uses of weather resistant materials, etc. Applies also to advertising. Cheap and poorly designed work must always be discouraged. 3) APPROPRIATE TO SURROUNDINGS -does not mean uniformity in style or subordination to existing buildings, but rather to bringing new buildings into an orderly relationship with landscape and nature, other buildings and open areas. Again, scale and composition come into importance, related here to adjacent properties. Surroundings are not only the buildings within a neigh borhood, but shall be considered as the total picture. Future surroundings must also be weighed. Advertising signs on buildings must be appropriate to the surroundings in the same way. 4) SCALE -The character of any architectural work is determined both in its internal space and in its external volume by the fundamental factor of scale, the relation between the dimensions of a building and the dimensions of man. Every building is qualified by scale. 5) SPACE -The experience of space, a characteristic of architecture, has its extension in the Village, in the streets, squares, alleys and parks, in the playgrounds and in the gardens, wherever man has defined or limited a void and so has created an enclosed space. If in the -13- 1 interior of a building, space is defined by six planes, (floor, ceiling and four walls) this does not mean that a void enclosed by five planes instead of six - as, for example (a roofless) courtyard or public square -cannot be regarded with equal validity as space. All urban space wherever the view .is screened off, whether by stone walls or rows of trees or embankments, presents the same features we find in architectural space. Every building creates two kinds of space: its internal space, com- pletely defined by the building itself and its external or urban space, defined by that building and the others around it. All objects -bridges, fountains, groups of trees, walls, and in particular, the facades of buildings -are brought into play in the creation of urban space. 6) PROPORTION -The relation of the parts of a building to each other and to the whole of the building. Proportion is closely tied to the scale of a building. 7. Additional Duties. In addition to the provisions of this ordinance, the community appearance board may have other duties as set forth by the Village C :~uncil from time to time by ordinance. 3 All ordinances and sections thereof in conflict herewith are hereby repealed. 9. This ordinance shall take effect immediately upon its passage and approval as provided by law. 10. 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. PASSED AND ADOPTED ON FIRST READING THIS 24th DAY OF APRIL, AD 1973. APPROVED BY: ~ Mayor Cle ~ ~,L L~ ~p .mss / f'..~~" ~f'el ~ ~ . -14 - ~ ~ LL G L L ~ fG~~ (,.C ~ J ,~~ ~ y