Loading...
HomeMy WebLinkAboutOrdinance_43_01/22/1962 OFFICIAL ZONING RESOLUTION FOR VILLAGE OF TEQUESTA PALM BEACH COUNTY, FLORIDA ADOPTED JANUAR 2 2 1962 Ste- r OFFICIAL ZONING ORDINANCE VILLAGE OF TEQUESTA, FLORTDA 1962 An ordinance establishing a zoning plan within the Village of Tequesta, Florida, creating five (5) districts, regulating and restricting the location and use of buildings, structures, land and water for trade, industry, resi- sence or other purposes, the height and size of structures and size of open spaces for light and ventilation; adopting a map of said districts; defining the terms used; providing for the adjustment, enforcement and amendment thereof and prescribing penalties for violation. THE COUNCIL OF THE VILLAGE OF TE "QUESTA DOES ORDAIN AS FOLLOWS: SECTION 1 In order to lessen congestion in the streets; to secure safety from fire panic and other dangers; to promote the health and the general welfare; to pro- vide adequate light and air; to prevent the overcrowding of land; 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 Village of Tequesta, all in accordance with a comprehensive plan, there is hereby established and adopted an official zoning plan for the Village of Tequesta, Florida, all in accord with the authority granted said village by Chapter 176, Revised Statutes of Florida. SECTION 2. This ordinance shall be known as the "Official Zoning Ordinance of the Village of Tequesta" and 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 Village of Tequesta ". The term "Council" shall mean the Council of the Village of Tequesta and the word "Village" shall mean the Village of Tequesta, a municipal corporation of the State of Florida. The word "Used" shall be deemed to include the words "arranged ", "designed" or "intended to be used ", and the word "occupied" shall be deemed to include the words "arranged ", "designed" or "intended to be occupied ". A dwelling is 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 incorporated within or forming a part thereof, but shall not include the eaves of such struc- tures, nor any open patio, nor any uncovered porch, stoop or steps. A DWELLING may be designed and built for the use of one family, two family or multiple family occupancy, but it does not include a hotel, club, motel, board- ing or lodging house, or automobile or house trailer whether such trailer is mobile or located in a stationary fashion on blocks or other foundation. A LOT is a parcel of land occupied or to be occupied by one main building and its accessory buildings with such open and parking spaces as may be required by provisions of this ordinance, and having its principal frontage upon a public or private street. A LOT OF RECORD is a part 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. A YARD is the open space on the same lot with the main building, unoccupied and onobstructed from the ground upward. A FRONT YARD is that area between the front wall of the building and the front line of the lot and extending from one side lot line to the other. A SIDE YARD is that area between the side wall of the building and the side line of the lot and a REAR YARD is that area extending -1- from one side lot line to the other between the rear line of the building and the rear lot line. A STREET is any public or private thorofare which affords the principal means of access to abutting property. It may be designated on the map as a street, avenue, boulevard, drive, place, court, road, terrace, way, circle, lane, walk, path or otherwise. AN ACCESSORY USE is a use customarily incident and accessory to the principal use of land or building located on the same lot. A MOTEL is 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 primarily by automobile transients. A motel may have eating facilities in connection there- with. SECTION 3. 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� use districts, designated as follows: R -lA - Single Family Dwelling District R -1 - Single Family Dwelling District R -2 - One and Two Family Dwellina District C -1 - Retail Commercial District C -2 - Wholesale Commercial and Light Industrial The aforesaid districts and boundaries thereof are shown upon the zoning map accompanying this ordinance and made a part thereof. Said map and all the notations, references and other information shown thereon are as much a part of this ordinance as if the information set forth on the map were all fully described and set out herein. 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 a comprehensive development plan of the Village. 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 virture 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. SECTION 4. RESTRICTIONS UPON LANDS AND BUILDINGS; EXC AS HERE INAFTER 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 to exceed the height or bulk limits herein established for the district in which such building is located. -2- 3. The minimum open spaces around a main building as provided for in this ordinance shall not be encroached upon or be considered as open spaces for any other building. 4. There shall not be more than one main building and its customary accessory building on a lot as defined by this ordinance. 5. The uses of buildings and land publicly owned and used in the perfor- mance of a public function may be permitted in any district provided its use is approved by the Village Council. SECTION 5. R -lA AND R -1 SINGLE FAMU L Y.DWELLING DI STRICTS A. USES PERMITTED Within any R -lA and R -1 Single Family Dwelling Districts 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 course. B. CONDITIONAL USES When, after review of the application and hearing thereon, the Board of Adjustment finds as a fact that the proposed use or uses are consistent with the general plan and in the public interests, the following uses may be permitted; 1. Churches, schools and publicly owned and operated community buildings. 2. Public utility structures and buildings such as sewage disposal works, water pumping plants, electric substations, police and fire stations. 3. Private clubs. In judging the propriety of any of the foregoing uses, the Board of Adjustment shall consider the adequacy of the site area as it relates particularly to set -backs and essential parking facilities and drainage, and further the character of the residential neighborhood that surrounds the contemplated improve- ments. C. BUIL HEIGHT REGU No dwelling or other structure shall exceed two (2) stories or 30 feet in height and no accessory building shall exceed one (1) story. D. BUILDING S ITE ARE REGU LATIONS The minimum lot or building site area for each single family dwelling shall be twelve thousand (12,000) square feet in the R -lA District and eight thousand (8,000) in the R -1 District. The minimum width of lot measured at the building line shall be 100 feet in the R -lA District and 80 feet in the R -1 District. E. YA SP ACE REGULATIONS 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 of the building. 2. REAR YARD There shall be a rear yard of not less than twenty (20) feet measured from the rear wall of the main building to the rear lot line. -3- 3. SIDE YARDS There shall be a side yard on each side of the main building of not less than ten (10) feet in the R -lA District and seven and one half (7 feet in the R -1 District. In the case of corner lots, no building or portion thereof and no addition thereto shall be erected or placed nearer than twenty (20) feet to the side street line of any such lot. F. OFF- STREET PARKING R EGULATIONS At least one parking space of at least 200 square feet in area shall be provided, consisting of a durable surfaced area. An enclosure within the main building or within an accessory building or in an unenclosed area, exclusive of the driveway connecting the parking space with the street. SECTION 6. _R -2 MUL F DW DISTRICT A. U SES PER MITTED Within any R -2 Multiple Family Dwelling District, no building, structure, land or water shall be used except for one or more of the following uses: 1. Any use permitted in the R -lA and R -1 Single Family Districts. 2. Multiple Family dwelling structures 3. Nursery or private schools. B. B UILDING HEIG R EGULATIONS No main building shall exceed two (2) stories in height at the required front, rear and side yard lines unless otherwise permitted by the Village Council after a review and approval of the site and building plans. C. BU ILDING SITE A REA REGULATIONS 1. For single family dwellings the same as for the R -1, Single Family District. 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 not less than eight (80) feet. 3. For structures having more than two dwelling units, there shall be at least one thousand (1,000) square feet added to the lot or plot area for each dwelling unit in excess of two (2). D. Y ARD SPAC REGU LATIONS 1. FRONT YA There shall be a front yard of not less than twenty -five (25) feet measured from the street line to the front wall of the main building. 2. REAR YARDS: There shall be a yard of not less than twenty (20) feet measured from the rear wall of the main building to the rear lot line. 3. SIDE Y A RD : There shall be a side yard on each side of the main builing of not less than fifteen (15) feet. In the case of corner lots, no building and no addition to any building shall be erected or placed nearer than twenty (20) feet to the side street line of any such lot. E. OFF- STREET PA REGULATIONS There shall be at least one parking space of at least 200 square feet for each dwelling unit within the main structure, consisting of a durable surfaced area, exclusive of the driveway connecting the parking space with the street. For churches there shall be one (1) off -- street parking space of at least 200 square feet for each four (4) people accommodated with the church auditorium. -4 For schools there shall be one (1) off- street parking space for every one thousand (1,000) square feet of gross floor area. SECTION 7. C -1 ttETAIL COMMERCIAL DISTRICT A. USES PERMITTED Within any C -1 Retail Commercial Distisct 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. 2. Personal service establishments including but not restricted to banks, barber shops, beauty parlors, medical and dental clinics, professional and other offices, funeral homes, filling station, shoe repair, laundry + r and dry cleaning pick up stations, locksmiths, watch repair, self `+ service laundries. 3. Hotels and motels. 4. Restaurants. 5. Theatres but not drive -in theatres. 6. Churches. 7. Printing establishments employing not more than four (4) persons. B. BUILDING HEIGHT REGULATIONS No structure shall exceed two (2) stories in height, unless otherwise permitted by the Board of Adjustment after review and approval of site and building plans. C. OFF- STREET PARKING REGULATIONS 1. Churches, same as for the R -2 One and Two Family District.- 2. Hotels and Motels, one (1) space for each guest bedroom plus one (1) space for the resident manager. 3. Restaurant: One (1) space for each four seats provided for table or counter service. ,* 4. For general business, commercial or personal service establishments, one (1) space for each one hundred (100) square feet or gross floor area. 5. Medical or dental clinics, four (4) spaces for each doctor or dentist. 6. Offices, one (1) space for each two hundred (200) square feet of floor area used for offioe purposes. 7. Auditoriums, theatres and places of assembly - one (1) space for each four (4) seats. For the purposes of this ordinance, the term "Off Street Parking Space" shall r consist of a minimum net area of two hundred (200) square feet of appropriate t dimensions for the parking of an automobile, exclusive of access drives or aisles thereto. D. PROHIBITIONS No residential structures as permitted within the R -lA, R -1, and R -2. Districts shall be permitted in the C -1 Retail Commercial District. E. SETBACKS IN THE C -1 RETAIL COMMERCIAL DISTRICT A front yard set back of at least 15 feet in depth shall be provided in the C -1 Retail Commercial District, measured from the front lot line, said area to be used for planting and beautification. SECTION 8. C -2 SJOLESALE COMMERCIAL AND LIGHT INDUSTRIAL DISTRICT A. USES PERMITTED Within any C -2 General Commercial District, no building, structure, land or water shall be used except for one or more of the following uses: 1. Any use permitted in the C -1 Retail Commercial District. 2. Automobile laundry. 3. Bakery with more than five (5) employees. 4. Cold storage and frozen food lockers. 5. Contractor's storage and equipment yards. 6. Dry cleaning, dyeing and laundry establishments. 7. Mechanical garage. 8. Plumbing sales room, shop and storage yards. 9. Printing and publishing establishments. 10. Building materials storage and sales. 11. Wholesale distribution warehouse. 12. Any other establishment which in the juOgment of the Board of Adjustment is consistent with those above and further, that will be in harmony with the spirit of the ordinance. B. BUILDING HEIGHT AND AREA REGULATIONS Same as for C -1 Retail Commercial District. SECTION 9. GENERAL PROVISIONS The foregoing regulations shall be subject to the following provisions and exceptions: 1. Chimneys, water tanks, radio or television towers for commercial pur- poses,elevator lofts, church spires, flag poles and parapet walls may be erected above the height limits herein established. 2. No residential radio or television antennaes shall extend more than forty (40) feet above the ground level. 3. Walls and fences shall no0 exceed five (5) feet in height; however, hedges shall not be so restricted. 4. No signs or other advertising shall be erected, posted, displayed or permitted upon any lot except one (1) sign of not more than five (5) square feet in area, advertising the property for sale or rent. 5. No business, professional or otherwise, and no home occupation shall be carried on in any dwelling structure unless approved specifically by the Village Council, after review of facts and public hearing thereon. 6. All site plans for multiple family structures, hotels, motels, res- taurants and other non - dwelling structures shall be submitted to the Board of Adjustment for review and approval before a permit for their construction is granted. In such review, the Board skull consider especially the open yard spaces around the structure and the placement of the structure on the site. 7. ACCESS0RY BUILDING REOUIREME TS I. No accessory building shall be located in the area between the front -6- wall of the dwelling structure and the street line. 2. No accessory building shall be located less than ten (10) feet from any side or rear property line. 3. Where the accessory building is attached to the principal building or connected thereto by a breezeway, the side yard shall be measured from the outer wall thereof. 4. No garage or other accessory building shall be erected before the principal building is under construction to the point of being fully enclosed. 8. MINIMUM FLOOR AREA REQ- TIREMENTS The required liveable floor area of a single family dwelling, exclusive of terraces, carports, patios, and other unroofed areas shall not be less than 1200 square feet except the floor area of a utility room which is included un- der the main roof of the dwelling structure, shall be counted as a part of the aforementioned minimum floor area. One half the floor area of an enclosed garage and one quarter of a carport or screened in porch shall be considered as part of the required minimum floor area. 9. SWIMMING POOL REGULATIONS 1. A swimming pool is an accessory structure. No swimming pool shall be located, designed, operated or maintained so as to interfere unduly f 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; 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. (c) Minimum rear setback; Not less than ten (10) feet from the rear lot line. (d) If the pool is not a part of the main or principal building, it should be located not less than ten (10) feet therefrom. 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 set- backs of the structure shall be the same as those in 3 above. SECTION 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 the provisions of Florida Statutes of 1941, Section 176. 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 -7- order, requirement, decision or determination made by the administra- tive official 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 liberal enforcement of the pro- vision of the ordinance will 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 members may reverse or affirm, wholly or partly, or may modify the order, requirement, decision of deter- mination appealed from and may 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 pro- posed variation will not cnnstitute any change in the districts shown on the zoning map and will not impair an 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, FloridE SECT 11. INTERPRE PURPOSE AND CONF In interpreting and applying the provisions of this ordinance, they shall be held to the minimum requirements for the promotion of the public health, safety, morals and general welfare of the community. It is not intended by this ordinance to interfere with or abrogate or annul any easements, covenants er other agreements between parties provided, however, that where this ordin- ance imposes a greater restriction 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. SECTION 12.' NON- C0NFOPJAING 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. 1. 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 construc- tion of which shall have been diligently carried on within six months of the date of such permit. 3. Alterations. A non - conforming building 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 proceedings. Repairs as plumbing or changing of partitions or other interior altera- tions 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 a non- conforming use of land has been discontinued for a period of 90 days its future use shall revert to the uses permitted in the district in which said land is located. h. Change to another Use. A non - conforming use now existing may be changed to another non-conforming use of equal or improved character when approved by the Board of Adjustment. _g_ 7. Abandonment. A non - 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. 8. Destruction by Fire or Other Act. Nothing in this ordinance shall be taken to prevent the restoration of a building destroyed to tie extent of not more than seventy -five (75) per cent of its assessed value by fire, explosion or other casualty, or Act of God, or the pub- lic enemy, nor the continued occupancy or use of such building or part thereof which existed at the time of such partial destruction. Resto- ration must be started within ninety (90) days. SECTION 1, %. CHANGES AND AMENDMENTS The Village Council may from time to time, on its own motion or on petition amend, supplement, change modify or repeal by ordinance th'e boundaries or dis- tricts or regulations or restrictions herein established, after public hearing. SECTION 1' VAL IDITY 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 1•tilhole or any part thereof, other than the part so declared to be invalid. SECTION 15. EIIFORCEJIENT, ,VIOLATIONS AND PENALTIES The Building Official is hereby designated and authorized to enforce this ordinance. Any person who violates any of the provisions of this ordinance shall upon conviction thereof in the municipal court of the Village be punished by fine rot to exceed one hundred dollars or by imprisonment for not more than sixty days, or both, in the diecretion of the municipal judge. Each day a violation occurs or is permitted to exist shall constitute a separate offense. SECTION 16. EFFECTIVE DATE This ordinance shall become effective on its adoption by the Village Council at a regular meeting held on the date hereto attached by the Village Clerk. PASSED AND ADOPTED ON FIRST READING THIS 22 DAY OF JANUARY 1962 4h'� 1 'z e v � wy � v /l CECIL CORNELIUS APPR,gVED; 4 -, CORNELIUS, MAYOR = WA LTER F. IIi THR 0 P ATTEST; J. KURTZ, J OBERT HARP LA K \ OMAS TURN ULL at 1�� F ROBERT VALIER VILLAGE COUNCIL -9-