HomeMy WebLinkAboutOrdinance_03-11_03/10/2011 ORDINANCE NO. 3 -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 VI.
SCHEDULE OF DISTRICT REGULATIONS. SEC. 78 -177. C -2
COMMUNITY COMMERCIAL DISTRICT. AND SEC. 78 -180. MU MIXED
USE DISTRICT, BY AMENDING THE REGULATIONS FOR ACLF USES
IN BOTH OF THESE ZONING DISTRICTS BY REQUIRING ACLF USES
TO BE EQUIPPED WITH EMERGENCY GENERATOR SYSTEMS AND
BY REQUIRING ACLF USES TO GUARANTEE PAYMENT FOR
PATIENT AMBULANCE TRANSPORT SERVICES; 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 its
code regulations for ACLF use by requiring ACLF uses to guarantee payment for patient
ambulance transport services, and to be equipped with emergency generator systems;
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 VI. Schedule of District Regulations. Sec. 78-
177.. C -2 community commercial district. by amending the regulations for ACLF uses by
requiring ACLF uses to be equipped with emergency generator systems and by
requiring ACLF uses to guarantee payment for patient ambulance transport services;
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
enacted.]
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(b) Permitted uses. [This paragraph shall remain in full force and effect as previously
enacted.]
(c) Accessory uses. [This paragraph shall remain in full force and effect as previously
enacted.]
(d) Special exception uses. Special exception uses in the C -2 district are as follows:
(1) [This paragraph shall remain in full force and effect as previously enacted.]
(2) [This paragraph shall remain in full force and effect as previously enacted.]
(3) [This paragraph shall remain in full force and effect as previously enacted.]
(4) Adult congregate living facility (ACLF) (subject to the provisions of article VIII of this
chapter), provided:
[Paragraphs a. through k. shall remain in full force and effect as previously enacted.]
I. The Adult Conamoate Living Facility shall, by separate agreement, guarantee
payment to the primary fire rescue provider for patient ambulance transport service.
m. All facilities shall be equipped with an emergency backup generator system. The
system shall be of sufficient size and power for the facility's maximum occupancy load
and shall have a fuel source sufficient to operate the facility for a minimum of seven (7)
days.
[Paragraphs (5) through (19) shall remain in full force and effect as previously enacted.]
(e) [This paragraph shall remain in full force and effect as previously enacted.]
(f) [This paragraph shall remain in full force and effect as previously enacted.]
Section 2 : Chapter 78. Zoning. of the Code of Ordinances of the Village of
Tequesta is hereby amended at Article VI. Schedule of District Regulations. Sec. 78-
180. MU mixed use district. by amending the regulations for ACLF uses by requiring
ACLF uses to be equipped with emergency generator systems and by requiring ACLF
uses to guarantee payment for patient ambulance transport services; providing that
Sec. 78 -177 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
enacted.]
(b) Applicability of development regulations to mixed -use development [This
paragraph shall remain in full force and effect as previously enacted.]
(c) Conflicts with other regulations. [This paragraph shall remain in full force and effect
as previously enacted.]
(d) General requirements and special regulations. [This paragraph shall remain in full
force and effect as previously enacted.]
(e) Site plan review. [This paragraph shall remain in full force and effect as previously
enacted.]
(f) Urban design principles. [This paragraph shall remain in full force and effect as
previously enacted.]
(g) Urban design objectives. [This paragraph shall remain in full force and effect as
previously enacted.]
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(h) Permitted uses. [This paragraph shall remain in full force and effect as previously
enacted.]
(i) Special exception uses. Special exception uses in the mixed -use district are as
follows:
[Paragraphs (1) through (7) shall remain in full force and effect as previously enacted.]
(8) Adult Congregate Living Facility (ACLF) ubiect to the provisions of Sec. 78-
177 d
[Paragraphs (9) through (16) shall remain in full force and effect as previously enacted.]
(j) Accessory uses. [This paragraph shall remain in full force and effect as previously
enacted.]
(k) Planned mixed -use development required. [This paragraph shall remain in full force
and effect as previously enacted.]
(1) Prohibited uses. [This paragraph shall remain in full force and effect as previously
enacted.]
(m) Property development standards. [This paragraph shall remain in full force and
effect as previously enacted.]
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.
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Upon Second Reading this 10 day of March 2011, the foregoing Ordinance was
offered by Council Member Turnquest who moved its adoption. The motion was
seconded by Council Member Brennan 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:
Lori McWilliams, MMC
Village Clerk Z MS
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