HomeMy WebLinkAboutOrdinance_02-11_03/10/2011 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. 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:
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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 wall
and fence placement relative 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 exceedling six feet. No wall or fence shall be permitted to extend forward
of the adjacent or nearest portion of the building front regardless of the actual, allowed
building setback line, on any lot or parcel (see Fig. a) , except for lots or parcels located
along and fronting upon County Club Drive, where walls not exceeding five feet in
height may be located forward 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 are specifically allowed in the R -1A 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 provide a minimum clear width of twelve (12) feet for access
by emergency vehicle 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.
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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 amending this section to allow for the outdoor sale of LP tanks
under certain 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, and C -3 and the commercial portions of mixed use
zoning districts
(1) Enclosure of user. All commercial uses shall be operated entirely within enclosed
buildings except for the following uses:
a. off - street loading,
b. automobile parking, and the fuel sales and dispensing facilities of full - service
fuel stations or gas stations
c. sidewalk cafes-,aad
d. drive -in, drive- through, or walk -up service window facilities, i.e., laundry, dry
cleaning, and banking facilities
e. are - bagged ice
f. LP tank sales, in accordance with the restrictions and requirements 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
enacted]
Section 3 : Chapter 78. Zoning. of the Code of Ordinances of the Village of
Tequesta is hereby amended at Article IX. Supplemental Regulations. By creating an
entirely new Sec. 78 -304. 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.
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Businesses with addresses that front on U.S. #1, and all businesses within the C -3
onina district shall be permitted to have outdoor LP tank sales _under the following
conditions:
(1) Permit reauired. Outdoor LP tank sales must be permitted through the Building
Department. In addition to the Building Official's approval. the Community Developmen
Director and the Fire Chief shall review and approve the application prior the issuance
of any permit.
2) Permit renewal. All LP tank sale permits must be renewed on an annual basis in
conjunction with payment of the business's annual business tax reauired by Chapter 70.
Article II of the Teauesta Code of Ordinances.
(3) Tax. All LP tank sales shall be subject to the public service gas tax as set forth at
Chapter 70, Article IV, Division 2 of the Teauesta Code of Ordinances.
(4) All LP tank sale facilities shall comply with all applicable building and fire codes. as
determined by the Building Official and the Fire Chief.
Secs. 78-304 M — 78 -330. Reserved.
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.
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Upon Second Reading this 10 day of March 2011, 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:
For Adoption Against Adoption
Mayor Tom Paterno X
Vice -Mayor Vince Arena X
Council Member Abby Brennan X
Council Member Jim Humpage X
Council Member Calvin Turnquest X
The Mayor thereupon declared the Ordinance duly passed and adopted this 10 day of
March, 2011.
MAYOR OF TEQUESTA
Tom Patern
ATTEST:
F T
Lori McWilliams, MMC , °' •• ....... l Cq -°
Village Clerk - 'C'
SEAL
INCORPORATED.
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