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Home My WebLink AboutDocumentation_Regular_Tab 04_03/10/2011 � � VILLAGE OF TEQUESTA °' �: AGENDA ITEM TRANSMITTAL FORM 9. VILLAGE COUNCIL MEETING: Meeting Date: Meeting Type: Regular Ordinance #: 2-11 March 10, 2011 Consent Agenda: No Resolution #: Originating Department: Community Development 2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report) Second Reading Ordinance No. 2-11: 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. Sec. 78-284. Walls and fences. by amending this Section to clarify the Village's intent regarding wall and fence placement relative to associated structures, and by requiring entry features to provide adequate clearance for emergency vehicles; and Sec 78-295. Unenclosed uses in commercial districts, awnings and other projections over sidewalk or required yard area. by amending this Section to allow for the outdoor sale of ice, and the outdoor sale of LP tanks under certain circumstances; and by creating an entirely new Sec. 7$-304 to provide criteria for the outdoor sale of LP tanks. 3. BUDGET 1 FINANCIAL IMPACT: Account #: N/A Amount of this item: N/A Current Budgeted Amount Available: Amount Remaining after item: N/A N/A Budget Transfer Required: No Appropriate Fund Balance: No 4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item) This Ordinance is to clarify the Village's intent regarding wall and fence placement relative to associated structures and require entry features to provide adequate clearance for emergency vehicles. It also amends Sec. 78-295 to allow for the outdoor sale of Ice and the outdoor sale of LP tanks and creates a new Sec. 78- 304 to provide criteria for the outdoor sale f LP tanks. 5. APPROVALS: Dept. Head: Finance Director: ❑ Reviewed for Financial � Sufficiency �` Ne � �� Attorney: (for legal sufficiency) �;� Yes ❑ No ❑ Village Manager: • SUBMIT FOR COUNCIL DISCUSSION: ,� • APPROVE ITEM: ❑ • DENY ITEM: � ORDINANCE NO. 2-11 AN ORDINANCE OF THE VILLAGE COUNCIL CiF THE VILLA(T�: t1��' TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING. AT ARTICLE IX. SUPPLEMENTAL REGULATIONS. SEC. 78-284. WALLS AND FENCES. BY AMENDING THIS SECTION TO CLARIFY THE VILLAGE'S INTENT REGARDING WALL AND FENCE PLACEMENT RELATIVE TO ASSOCIATED STRUCTURES, AND BY REQUIRING ENTRY FEATURES TO PROVIDE ADEQUATE CLEARANCE FOR EMERGENCY VEHICLES; AND SEC 78-295. UNENCLOSED USES IN COMMERCIAL DISTRICTS, AWNINGS AND OTHER PROJECTIONS OVER SIDEWALK OR REQUIRED YARD AREA. BY AMENDING THIS SECTION TO ALLOW FOR THE OUTDOOR SALE OF ICE, AND THE OUTDOOR SALE OF LP TANKS UNDER CERTAIN CIRCUMSTANCES; AND BY CREATING AN ENTIRELY NEW SEC. 78-304 TO PROVIDE CRITERIA FOR THE OUTDOOR SALE OF LP TANKS; 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 desires to revise and clarify its wall and fence code regarding the placement of walls and fences relative to associated structures;and WHEREAS, the Village Council of the Village of Tequesta further desires to require all allowed entry features to provide adequate clearance for emergency vehicles; and WHEREAS, the Village Council of the Village of Tequesta further desires to allow for the outdoor sale of ice, and the outdoor sale of LP tanks under certain circumstances; and WHEREAS, the Village Council believes these revisions to its zoning code will be 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. Sec. 78-284. Walls and fences. by amending this section to clarify the Village's intent regarding wa11 and fence placement relative 1 to associated structures, and by requiring entry features to provide adequate clearance for emergency vehicles; providing that Sec. 78-284 shall hereafter read as follows: Sec. 78-284. Walls and fences. (a) Walls and fences may be erected or maintained within or adjacent to a property line to a height not exceeding six feet. No wall ar fence shall be pertnitted to extend forward of the adiacent or nearest bortion of the building fronts re�ardless of the actual. allowed buildins setback line. on any lot or parcel �es e Fi ,�, except for lots or parcels located along and fronting upon County Club Drive, where walls not exceeding five feet in height may be located forwazd of the front building line. Fences associated only with accessory structures may be permitted if such fences are screened from public view with a hedge of not less than six feet in height nor more than eight feet in height. However, if a wall, fence, or living hedge is erected or located on a corner lot or a double frontage lot, a vehicular and pedestrian visibility triangle of a size and dimension which complies with the current traffic engineering standards of the American Association of State Highway and Transportation Officials (AASHTO) and the county shall be provided for in both directions from the intersecting point of property lines. The maximum height of any wall, fence or hedge within the visibility triangle shall be two and one-half feet. (b) Notwithstanding the above, entry features consisting of masonry columns not exceeding six feet in height, with or without gates, are not deemed to be walls or fences and axe specifically allowed in the R-lA and R-1 zoning districts and in the residential areas within a mixed use development located in the MU zoning district. Such entry features must be compatible with the architecture of the residence and the streetscape, must be set back a minimum of ten feet from the edge of the road pavement or the lot side of any sidewalk, must brovide a minimum clear width of twelve (121 feet for access bv emer�encv vehicles. and shall not be located in the village right-of-way. Gates, if any, must swing inward or slide to the side to prevent obstructions to the roadway or sidewalk. A building permit and approval by the planning and zoning board in accordance with these regulations is required prior to the commencement of construction. i�• a Section 2: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article IX. Supplemental Regulations. Sec. 78-295. Unenclosed uses in commercial districts; awnings and other projections over sidewalk or required yard area. by 2 amending this section to allow for the outdoor sale of LP tanks under certa.in circumstances; providing that Sec. 78-295 shall hereafter read as follows: Sec. 78-295. Unenclosed uses in commercial districts; awnings and other projections over sidewalk or required yard area. The following are conditions of operation for all permitted uses, accessory uses, and special exceptions in C-1, C-2, a� C-3, and the commercial nortions of mixed use zonins districts: (1) Enclosure of uses. All commercial uses sha11 be operated entirely within enclosed buildings except for the following uses: � off-street loading b. automobile parking, and the fuel sales and dispensing facilities of full-service fuel stations or gas stations � sidewalk cafes�� d. drive-in, drive-through, or walk-up service window facilities, i.e., laundry, dry cleaning, and banking facilities e. nre-ba��ed ice f LP tank sales. in accordance with the restrictions and reauirements of Sec. 78-304. (2) Projections over sidewalk or required yard area. [This paragraph shall remain in full force and effect as previously enacted] (3) Awnings. [This paragraph shall remain in full force and effect as previously enactedj Section 3: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta. is hereby amended at Article IX. Supplementa.l Regulations. By creating an entirely new Sec. 78- 30�. LP tank sales. To provide regulations for the outdoor sale of LP tanks under certain circumstances; providing that Sec. 78-304 shall hereafter read as follows: Sec. 78-304. LP tank sales. Businesses with addresses that front on U.S. #1, and all businesses within the C-3 zonine district shall be nermitted to have outdoor LP tank sales under the followin,g conditions: (1) Permit reauired. Outdoor LP tank sales must be nermitted throush the Buildin� Denartment. dition to the Buildine Official's annroval. the Communitv Develonment Director and the Fire Chief sha11 review and annrove the annlication nrior the issuance of anv nermit. (21 Permit renewal. All LP tank sale nermits must be renewed on an annual basis in oniunction with navment af the business's annual business tax reauired bv Chanter 70. Article �I of the Teauesta. Code of Ordinances. 31 Tax. All LP tank sales shall be subiect to the nublic service �as ta�� as set forth at Chanter 0. Article IV. Division 2 of the Teauesta Code of Ordinances. (4) All LP tank sale facilities shall comnlv with all annlicable buildin� and fire codes. as etermined bv the Buildin� Official and the Fire Chief. Secs. 78-384 �5 — 7$-330. Reserved. 3 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. SecNon 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 ta be invalid, such decision sha11 not affect the validity of the remainder of this Ordinance. Sectioa 7: Specific authority is hereby granted to codify this Ordinance. Section 8: This Ordinance shall become effective immediately upon passage. 4