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HomeMy WebLinkAboutOrdinance_13-10_12/09/2010 ORDINANCE NO. 13 -10 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING. AT ARTICLE IX. SUPPLEMENTAL REGULATIONS. DIVISION 6. MARINA FACILITIES. SEC. 78 -483. CONSTRUCTION OF DOCKS. BY AMENDING THIS SECTION TO MAKE REFERENCE TO THE NEW WATERWAY CONTROL CHAPTER FOR REGULATIONS REGARDING THE CONSTRUCTION OF DOCKS; AND AT ARTICLE XI11. UNIFORM WATERWAY CONTROL. BY REPEALING THIS ARTICLE IN ITS ENTIRETY AND RESERVING IT FOR FUTURE USE; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Village Council of the Village of Tequesta has adopted Ordinance 12 -10, which, among other things, restructures the Village Code of Ordinances by relocating the "uniform waterway control" code into its own newly created chapter, being Chapter 76; and WHEREAS, said relocation requires that the former "uniform waterway control" code, Article XIII of the zoning code, be repealed and reserved for future use; and WHEREAS, in order to provide for internal consistency, Sec. 78 -483, which used to refer to the dock construction criteria in former Article XIII, must be amended to refer to those same dock construction criteria which have been relocated to Chapter 76; and WHEREAS, the Village Council believes that these revisions to the Village's zoning code are in the best interests of the Village of Tequesta, and will promote the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1 : Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article IX. Supplemental Regulations. Division 6. Marina facilities. Sec. 78 -483. Construction of docks. by amending this section to make reference to the new waterway control chapter for regulations regarding the construction of docks; providing that Sec. 78-483 shall hereafter read as follows: Sec. 78 -483. Construction of docks. All docks at marina facilities shall be constructed in conformance with the requirements set forth in Ch after 76 Waterway Control of the Code of Ordinances of nrionla Y111 of this GhapteF. the Village of Teguesta Section 2 : Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article XIII. Uniform Waterway Control. by repealing this article in its entirety, Sections 78 -831 through 78 -837 inclusive, and reserving same for future use. The Village Council hereby directs the Village Clerk to ensure that the text of Article XIII be removed from the Village Code, and to further ensure that the table of contents for Chapter 78 is properly amended to reflect said repeal. Section 3: Each and every other section and subsection of Chapter 78. Zoning. shall remain in full force and effect as previously enacted. Section 4: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. Section 5 : 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 6: Specific authority is hereby granted to codify this Ordinance. Section 7 : This Ordinance shall become effective immediately upon passage. Upon Second Reading this 9 day of December 2010, the foregoing Ordinance was offered by Council Member Turnquest who moved its adoption. The motion was seconded by Council Member Humpage and upon being put to a vote, the vote was as follows: For Adoption Against Adoption Mayor Pat Watkins X Vice -Mayor Tom Paterno X Council Member Vince Arena X Council Member Jim Humpage X Council Member Calvin Turnquest X The Mayor thereupon declared the Ordinance duly passed and adopted this 9 day of December, 2010. MAYOR OF TEQUESTA ANI_� Pat Watkins ATTEST: e aeAIIIIIII Lori McWilliams, MMC yam 9,o ® �f� M m= Village Clerk �.� ' : �y= O. :ac's 195? .• '46 ""na e w n +euee