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HomeMy WebLinkAboutOrdinance_18-09_10/15/2009ORDINANCE NO. 18-09 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING. BY AMENDING SEC 78-176. C-1 NEIGHBORHOOD COMMERCIAL DISTRICT. TO INCLUDE FLORISTS AS A PERMITTED USE IN THAT ZONING DISTRICT; BY AMENDING SEC. 78-177. C-2 COMMUNITY COMMERCIAL DISTRICT. TO INCLUDE FLORISTS AND RETAIL PACKAGE LIQUOR STORES AS A PERMITTED USES IN THAT ZONING DISTRICT; AND BY AMENDING SEC. 78-180. MU MIXED USE DISTRICT TO INCLUDE FLORISTS AS A PERMITTED USE IN THAT ZONING DISTRICT; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB-SECTION OF CHAPTER 78. ZONING. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, current development trends in the Village have led the Village Council to believe that the Village's C-1 zoning district should be revised to allow florists in this Commercial zoning district; and WHEREAS, current development trends in the Village have led the Village Council to believe that the Village's C-2 zoning district should be revised to allow both florists and retail package liquor stores in this Commercial zoning district; and WHEREAS, current development trends in the Village have led the Village Council to believe that the Village's MU zoning district should be revised to allow florists in this Commercial zoning district; and WHEREAS, such a uses are deemed to be a reasonable additions to the Village's C-1, C-2 and MU zoning districts; and WHEREAS, the Village Council desires to adopt such a revision to the Village's zoning code; and WHEREAS, the Village Council believes the code amendment contained in this ordinance will be in the best interests of the Citizens of the Village of Tequesta. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: 1 Section 1: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article VI. District Regulations. Division 2. Schedule of Use Regulations. by amending Sec. 78-176. C-1 Neighborhood Commercial District to add florists as a permitted use; providing that Sec. 78-176 shall hereafter read as follows: Sec. 78-176. C-1 Neighborhood Commercial District. (a) Purpose. [This paragraph shall remain in full force and effect as previously adopted] (b) Permitted uses. Permitted Uses in the C-1 District are as follows: (1) - (6) [shall remain same as previously adopted] 7) Florist. (c) Accessory uses. (This paragraph shall remain in full force and effect as previously adopted] (d) Special exception uses. [This paragraph shall remain in full force and effect as previously adopted] (e) Prohibited uses and structures. [This paragraph shall remain in full force and effect as previously adopted] Section 2: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article VI. District Regulations. Division 2. Schedule of Use Regulations. by amending Sec. 78-177. C-2 Community Commercial District to add retail package liquor stores as a permitted use; providing that Sec. 78-177 shall hereafter read as follows: Sec. 78-177. C-2 Community Commercial District. (a) Purpose. [This paragraph shall remain in full force and effect as previously adopted] (b) Permitted uses. Permitted Uses in the C-2 District are as follows: (1) - (7) [shall remain same as previously adopted] 8 Florist. 9) Retail Package Liauor Store. (c) Accessory uses. [This paragraph shall remain in full force and effect as previously adopted] (d) Special exception uses. [This paragraph shall remain in full force and effect as previously adopted] (e) Prohibited uses and structures. (this paragraph shall remain in full force and effect as previously adopted] (f) Property development regulations. [This paragraph shall remain in full force and effect as previously adopted] 2 Section 3: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article VI. District Regulations. Division 2. Schedule of Use Regulations. by amending Sec. 78-180. MU Mixed Use District to add florists as a permitted use; providing that Sec. 78-180 shall hereafter read as follows: Sec. 78-180. MU Mixed Use District. (a) Purpose. [This paragraph shall remain in full force and effect as previously adopted] (b) Applicability of development regulations. [This paragraph shall remain in full force and effect as previously adopted] (c) Conflicts with other regulations. [This paragraph shall remain in full force and effect as previously adopted] (d) General requirements and special regulations. [This paragraph shall remain in full force and effect as previously adopted] (e) Site plan review. [This paragraph shall remain in full force and effect as previously adopted] (f) Urban design principles. [This paragraph shall remain in full force and effect as previously adopted] (g) Urban design objectives. [This paragraph shall remain in full force and effect as previously adopted] (h) Permitted uses. Permitted Uses in the mixed-use District are as follows: (1) - (9) [shall remain same as previously adopted] 10) Florist. Section 4: Each and every other section and subsection of Chapter 78. Zoning. shall remain in full force and effect as previously enacted. Section 5: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. Section 6: Should any Section or provision of this Ordinance or any portion thereof, any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. Section 7: Specific authority is hereby granted to codify this Ordinance. Section 8: This Ordinance shall become effective immediately upon passage. 3 Upon First Reading this 10th day of September 2009, the foregoing Ordinance was offered by Council Member Humpage who moved its adoption. The motion was seconded by Council Member Arena and upon being put to a vote, the vote was as follows: Mayor Pat Watkins Vice-Mayor Tom Paterno Council Member Vince Arena Council Member Jim Humpage Council Member Calvin Turnquest For Adoption Against Adoption X X X X X Upon Second Reading this 15th day of October 2009, the foregoing Ordinance was offered by Council Member Humpage who moved its adoption. The motion was seconded by Council Member Turnquest and upon being put to a vote, the vote was as follows: Mayor Pat Watkins Vice-Mayor Tom Paterno Council Member Vince Arena Council Member Jim Humpage Council Member Calvin Turnquest For Adoption Against Adoption X X X X X The Mayor thereupon declared the Ordinance duly passed and adopted this 15th day of October, 2009. MAYOR OF TEQUESTA ATTEST: Lori McWilliams, CMC Village Clerk ~~ CIJG:~ff+~~ Pat Watkins