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HomeMy WebLinkAboutDocumentation_Planning and Zoning_Tab 02_02/24/2005 ���-��� ORDINANCE NO. 583 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, REPEALING CHAPTER 7, C01�1MUNITY APPEA,RANCE BOARD, OF THE VILLAGE CODE OF ORDINANCES, IN ITS ENTIRETY; ADOPTING A NEW CHAPTER 7, PLANNING AND ZONING ADVISORY BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section l. Article II, Chapter 7, Community Appearance Board, of the Village Code of Ordinances is hereby repealed in its entirety. Section 2. A new Article II, Chapter 7, Planning and Zoning Advisory Board, of the Village Code of Ordinances is hereby created, to read as follows: 5ection 7-1. Creation, Members, Terms, Appointment. A Planning and Zoning Advisory Board is hereby established. A) Composition of the Board. The Board shall be composed of five (5} regular members and two (2) alternate members (who shall serve without compensation), appointed by the Village Council. At the time of appointment and at all times during which they serve, all members (i) shall reside in the Village (with no two (2) Board members coming from the sa.me Homeowners', Condominium or Community Association), (ii) shall not serve on the Village Council or on any other Village board or committee, and (iii) shall not be employed by the Village or any of its contractors. In the event that a lack of qualified eligible applicant(s) needed to satisfy the requirements as stated, tlse V'sllage Council shall have the authority to appoint the vacant seats from any area of the Village of Tequesta: B) Alternate Board Members. In addition to the regular board members, two (2) additional members, to be designated at the time of their appointments as Alternate #1 and Alternate #2, shall be appointed to serve on the Board, in that order, at meetings of the Board when necessary to ensure that each application rec�ives consideration by a full Board. : C) Terms of Office. `- Of the regular members of the Board first appointed, one (1) shall hoid office for the term of one !(1) year; two (2) for the term of two (2) years; and two (2) for the term of three (3) years (as determined by lot), from and after their appointment. Their successors shall be appointed for the ; term of three (3) years from and after the expiration of the terms of their predecessors in office. :` Alternate members shall serve for two (2) years, but of the first appointed Alternate members, one (1) shall serve for one (1) year, and one (1) shall serve for two (2) years (as determined by 1ot). Thereafter, alternate members shall be appointed for two year terms. , D) Voting. A majority of the Board (i.e., three (3) members) shall constitute a quorum, and the affirmative vote of a majority of the Board present shall be necessary for any action thereof. In the event that only three (3) members are present, a unanimous vote of all present in favor of an application is rec�uired to make a recommendation of approval. If no motion receives the necessary majority vote, that shall constitute a recommendation of denial. E) Termination/Resignation. : All Board members shall serve at the pleasure of the Village Council and derive no property rights from their appointed position. The Village Council may, by a majority vote, remove any ; Board member at any time for any reason or no reason. All Board members shall abide by State laws and Village ordinances regarding ethicai behavior. Vacancies in the Board membership by resignation, illness or other causes shall be filled by the Village Council for the unexpired term of the member involved. Three (3) absences in a row or three (3) unexcused absences within the fiscal year of the Village, shail constitute cause for automatic dismissal from the Board. Section 7-2. Organization, Qualification of inembers. The Board shall select its own chair and vice-chair annually at the first meetina of the calendar ;; year. The Director of the Department of Community Development or his designated '. representative shall serve as Clerk to the Board. All members of the Planning and Zoning Advisory Board shall be qualified electors of the ` Village. Section 7-3. Authvrity. The Planning and Zoning Advisory Board shall serve as the Local Planning Agency (LPA) of the Village pursuant to Section 163.3174, Fla. Stat. The Planning and Zoning Advisory Board shall have ?eneral authority (provided that, in order to provide for proper budgetary allocations, any request requiring extensive staff or attorney time must first be approved by the Village Manager) to: E (1) Gather and analyze data and such other information to amend the Village's Comprehensive Development Plan, prior to review and adoption by the Village Council. (2) Review and recommend to Village Council land development regulations to implement the Village of Tequesta Comprehensive Develapment P1an. The Iand development regulations include, but are not limited to, the following: a. Village of Tequesta Comprehensive Zoning Ordinance. b. Village of Tequesta Subdivision Regulations. c. Village of Tequesta community appearance sta.ndards and re�lations. d. Any other land development regulations required or allowed pursuant to Ghapter 163, Fla. Stat., or other applicable law. (3) Review and recommend to Village Council regarding applications for: a. Site Plan in accordance with regulations and requirements of Section X (M), Village of Tequesta Comprehensive Zoning Ordinance. b. Special Exceptions in accordance with regulations and requirements of Section X(J) Special Exception Uses, Village of Tequesta Comprehensive Zoning Ordinance. c. District Boundary Changes (re-zonings) in accordance with regulations and requirements of Chapter 166, Fla. Stat. d. Text Amendments to Village of Tequesta Comprehensive Development Plan in accordance with Chapter 163. Fla. Stat., Comgrehensive Planning and Land Development Regulation Act (State Planning Law) and Rule 9J- 5, Fta. Admin. Code e. Text Amendments to land development regulations in accordance with Chapter 163, Fla. Stat., Comprehensive Planning and Land Development Regulations Act (State Planning Law) and Rule 9(J).5, Fla. Admin. Code f. Voluntary Annexations in accordance with Chapter 171, Fla. Stat., Municipal Annexation or Contraction �. Abandonments. h. Any other reviews, related to planning, zoning and development specifically requested of the Planning and Zoning Advisory Board by the Village Council. (4} Review and recommend to Village Gouncil regarding proposed condemnations. The Planning and Zoning Advisory Board may adopt such rules and procedures as are necessary to perform its duties. Sec. 7-3.1. Powers �nd Duties �s Ut�ici�ti Tree Bo�rd of the Viliage. In ac�dition to the functions provided pursuant to the other provisions of this chapter, the Planning and Zoning Advisory Board shall constitute the official Tree Board of the Village of Tequesta and as such shall: 3 (1) Annuaily develop and present to the Village C�uncil a written community tree management program and supporting work plan which, upon acceptance by the Village Council, shall constitute the official Gomprehensive Tree P[an for the Village. (2) Annualiy prepare plans for a Tequesta Annuat Arbor Day ceremony, for approva] by the Village Council. (3) Make recommendations to the Village Council upon any matter coming within the scope of its work, as deemed necessary. (4) iVlake recommendatians to the Vitlage Gouncil that certain trees iocatecf within the Village be designated as specimen, historic, native or endangered trees. In making such a determination, the Tree Board shall consider, but not be limited to, the following criteria: a. The s�gnificance �f the tree as a Village Iandmark. b. The significance of the tree due to high value because of its size, age and/or historic value. . c. The significance of the tree to the history of the Village, State of Florida or the Nation. (5) Perform any other duties assigned by the Village Council. Section 7-4. Duties and Responsibilities. Recommended actions of the Planning and Zoning Advisory Board shall be recorded in written form for transmittal to the Village Council. Prior to adoption of a recommendation with respect to an application, the Planning and Zoning Advisory Board shall consider the following: (lj The information subcnitted by the agpiicant incltzding �l exhibits, studies or other information presented or used for review of the applicatian. (2) A written staff report indicating the recommendation of the Department of Community Development or any other appropriate governmental agency reaarding the ability of the agplication ta meet the standards and rea lativns affecting the application; the ability of the proposed development to meet Level of Sen•ice standards adopted in the Village of Tequesta Comprehensive Development Plan; the application's impact on the general public's health, safety and �vetfare; as well as, ar►y other items that are considerPd apprapriate by the Department of Community Development. {;) COtIlIil�Ill;�, if any, frocn the applica�it, stafFar the p�iblic. Ses:tion 7-5, i�leetings; It�curds. The Plannir�g aiid Zonin� Ad�•isuty Board s�iall adugt rules of pi•oceclure Por t}ie tiot�duct of it's business, consistent with the provisions of this Ordinance. Meetings of the Board shall be held the first Thursday of ea�h month at 6:30 p.m., or ii a confIict exists on this nc►rma.t meeting date, an alternate meeting date sha11 be established by the Planning and Zoning Advisory Board chairman. The chairman, or in his absence, the vice chairman or acting chairman, may compel 0 the attendance of �vitnesses. the public. Ali meetings of the Board and its files or records shali be open to The Plannin� and Zotiin� Advisoiy Boai•d shatl also keep minutes of its �;raceedings, showing ` the vote of each member upon each question, or, if absent, indicating such fact, and shall keep records of its examinations and other official activns, aIl �f which shatl be immediately filed in ' the office of the Board and shall be a public record. Section 7-b. Fiting Fee. L'pon filing an application to the PianninD anti zonin� advisory board, the appficant shalt pay a fee to the Village at the time of filing of such application. Said fee shall be in an amount as esta.hlished and amended by resolution of the Village C.auncil, shall not be reimbursable, and is intended to defray the costs of administering, processing and reviewing the application. Sectton 3. Severability. If any provision of this Qrdinance or the apptication thereof is helci invalid, such invalidity shall not affect the other provisions or applications of this Ordinanc� wh�ch can bz given. effect without the invatid provisians or ap�ticatians, and to this end, the provisions of this Ordinance are hereby declared severable. SeL-tiot� �. Repeal af Or in C�nfIict. �1 ather arc�inan4rs of the Village af Tequesta, Florida, or parts thereof �-hich cor�flict with this or any part of this Ordinance are : hereby repeaied. Section 5. Codification. This flrdinance shall be codified and made a part of the official Code of Ordinances of the Village of Tequesta. � Section 6. Et�ective Date. This Ordinance shall take effect Fmmediately apon its ': passa�e and approval, as provided by la��. THE FOREGOPVG ORDITV�'�iCE was af�ered by �'ice Mayor van Frank, who moved ': its adoption. The Ordinance was seconded by Council Member Watkins, and upon being put to a vate, the vote was as faltaws: FOR �DOPTIOItiT �Tayar Resnik �; Vice Mayor von Frank ' Council Member Genco Council Member Watkins ' Coun�il �4�fember Capretta AGAINST ADOPTION The NSayor thereupon declared the Ordinance duly passed and a�opted this llth day of ` Deceinber, ?003. ATTEST: < ,�� /" / . Village C � - k MAYOR OF TEQUESTA ��G.�b�� � ��z�� Edwar� D. Resruk C:uV1y Documents\WordDatallWshpg\TequestaWdoption ofPZ Board03v3clean.doc � t_. F�� 4 > ORDINANCE NO. 208 AN ORDINANCE OF THE VILLAGE OF TEQUESTA, FLORIDA, CREATING A COMMUNITY APPEARANCE BOARD; PROVIDING FOR ITS ORGANIZATION, POWERS AND DUTIES; AND PROVIDING THE GRITERIA BY WHICH IT SHALL BE GOVERNED. WHEREAS, expanding building programs and land developers have greatly reduced open spaces in our town, resulting in an awareness of the im- portance of good design land use, and the importance of maintaining good com- munity appearance in new building programs, and programs caliing for the im- provement and preservation of existing buildings; and WHEREAS, government bodies and private agencies are seeking ways to revitalize our cities and towns, and the judicial decisions in matters involving aesthetics have been sympathetic in their recognition of the need of various towns to protect their distinctive character and beauty; and WHEREAS, the Village Council of the Village of Tequesta, Florida, has determined that good community appearance is the product of orderiy and harmon- ious relationships established between man-made objects and nature, and a pleasing and attractive scene resuits from skillfull combinations in the relation of these elements of contrasts and similarities; and WHEREAS, appearance has the direct bearing on the economic value of property. When the appearance of public areas, business establishments, and the residential community is good, shoppers, businessmen and home owners are alt attracted to the community. Poor appearance, conjefition, and lack of proper maintenance brings about biight, decay, decreased property values and loss of revenues. NOW, THEREFORE, THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, ORDAINS AS FOLLOWS: 1. Creation, members, terms, appointment. A community appear- ance board is created: a) The board shall be composed of five (5) membex•s (who shall serve without compensation), appointed by the Village Council. Of the members of the board first appointed, one shall hold office for the term of one year, two for the term of two years and two for the term of three years from and after their appointment. Their successors shall be appointed for the term of three years from and after the expiration of the terms of their predecesors in office. Board vacancies shall be filled by the Viliage Council for the unexpired term. The Council shali have power to remove any member of the board for cause. The Village Council should appoint two alternate members of the community appearance board who shall serve when called upon by the chairman in the absence or disability of any regular member, Alternate members ehall be appointed by the Village Council for terms of one year. 2. Organization; qualification of inembers. The community appear- ance board shall elect a chairman and vice-chairman to preside at its meetings, and shall formulate its rules and regulations for the conduct of its business. The mem- bers of the board shall have the following qualifications: a) Each member must be a resident of the Village of Tequesta, Florida. b) Whenever feasibte, the Village Council should appoint archi- tects or persons with architectural experience to the board. 3. . Powers and duties; plans and specifications; criteria. a) The approval of at least a majority of the board signified by their signature on each set of plans and specifications required to be submitted with each application for a permit, shall be prerequisite to the issuance of any building permit required to be reviewed by the board. The community appearance board may require such changes in said plans and specifi- cations as in its judgment may be requisite and appropriate to the maintenance of a high standard of architecture, beauty and harmony as established by the standards adopted herein by -2- the Village Council for the guidance of the board, b) Every application for a permit to erect a building or structure or to materially alter a front or side elevation of any existing building or structure in the Village, exctuding single family dwellings, shall be accompanied by two (2) sets of detailed plans and, if the plans submitted do not furnish sufficient information adequately to show the scope of the planned construction for which a permit has been re- quested, then there shall be furni:�hed in addition to the two (2) sets of detailed plans, one (1) set of detailed speci- fications for such proposed work; both the plans and speci- fications shall be prepared by a registered architect or regis- tered engineer, qualified under the laws of the State of Florida to prepare such plans and specifications and no permit therefor shali be issued until such plans (and specifications when re- quired) shall have been previously approved by the board as hereinabove provided. No plans or specifications in violation of this or any other ordinance of the Village shall be approved. No permit for the construction or addition to any building (ex- cluding single family dwellings) shall be issued until and unless the plans therefor have been approved by the community appear- ance board as being in accordance with the standards as provided for in subsection (a) of this section. c) The community appearance board may approve, approve with conditions, or disapprove the issuance of a building permit in any matter subject to its jurisdiction after consideration of whether the following criteria are compiied with: 1) The plan for the proposed structure or project is in conformity with good taste, good design, and in general contributes to the image of the Viliage of Tequesta as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas and high quality. -3- 2) The proposed structure or project is not, in its ex- terior design and appearance, of inferior quality such as to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. 3) The proposed structure or project is in harmony with the proposed developments in the general area, with the comprehensive plan for the Village of Tequesta, Florida, and with the criteria set forth in the "Supplemental Criteria and Procedural Rules of the Community Appearance Board" listed in this ordinance, as may be from time to time amended or revised. Any decision of the board must comply with such Supplemental Criteria and Procedural Rules of the Com- munity Appearance Board. Such Supplemental Criteria and Procedural Rules of the Community Appearance Board must be consistent with the criteria herein set forth in this sub- section. Such Supplemental Criteria and Procedural Rules of the Community Appearance Board may be amended from time to time by ordinance regularty adopted upon action initiated by the Village Council; provided that, if the com- munity appearance board shall make a recommendation to the Vitlage Council for changes in such Supplemental Criteria and Procedural Rules of the Community Appearance Bca rd, the Village Council shall consider same and may either adopt such recommendations by ordinance, adopt with modi- fications, or reject it. 4) The proposed structure is in conformity with the standards of this code and other applicable ordinances insofar as the location and appearance of the buildings and structures are involved. If the above criteria are met, the application shall be approved. Conditions may be ap- plied when the proposed building or structure does not -4- comply with the above criteria and shall be such as to bring said structure or project into conformity. If any application is disapproved, the community appearance board shali detail in its findings the criterion or criteria that are not met. The action taken by the board shall be reduced to writing, signed by the chairman, and a copy thereof made available to the applicant upon request. 4. Meetings; records; approval of plans; appeals from board, decision. a) The community appearance board shall meet at the call of the chairman in order to consider applications pending without un- necessary delay. All meatings shall be open to the public and the order of business and procedure to be followed shall be as prescribed within the rules and regulations to be adopted by the board. A majority of the board shall constitute a quorum and the affirmative vote of a majority of the board present shall be necessary for any action thereof. The Village Manager is autho- rized and empowered to appoint a secretary for the board. A record of the proceedings of the board shali be kept, showing its action on each question considered. Such record shall be filed in the office of the secretary of the community appearance board of the Village, and shall be open for public inspection. b) Failure of the board to take final action within twenty (20) days of sufficient plans and specification being filed with the board shall constitute approval of such plans and specifications by the board. c) Any person aggrieved by a decision of the communi ty appearance board may file a notice oF appeal with the Vittage Council by filing same with the Village Clerk. Such notice of appeal shall specify the action taken by the board and in what respect to his application. The Vitlage Council shall sit, in open session as an appeal board from the community appearance -5- board within twenty (20) days of the notice of appeal being filed and shali render an order within seven (7) days after so sitiing, which order shall either affirm the action of the community appearance board, affirm it with modifications or reverse it. 5. Effect of article and board approval of plans, The requirements of this article are in addition to any other requirement of the Code of Ordinances of the Vitlage of Tequesta, such as the zon.ing code and the building code. Ap- proval by the community appearance board of a given set of plans and specifi- cations does not necessarily constitute evidence of applicant's compliance with other requirements of the Code of the Village of Tequesta. 6. Supplemental Criteria and Procedural Rules of the Community Appearance Board. a) General Requirements. The general requirements are minimum esthetic standards for all site development, buildings, structures, or alterations within the corporate limits of Tequesta, Florida, except in Districts R1A and R1. It is required that site development, buildings or alterat.ions with the sole exception of Districts R1A and R1 show proper design concept, express honest design construction and be appropriate to the sllurroundings. 1) Buildings or structures which are a part of a present or future group or complex shall have a unity of character and design, a relationship of forms and the use, texture and color of materials shall be such as to create a harmonious whole. When the area involved forms an integral part of, is immediately ad- jacent to or otherwise clearly affects the future of any established section of the Village, the design, scale, and location on the site shall enhance rather than detract from the character, value, and attractiveness of the surroundings. 2) Buildings or sttit�ctures located along strips of land or on singte sites and not a part of a unified multi-building - 6- complex shall strive to achieve visual harmony with the surroundings. If they are built in undeveloped areas, the three primary requirements shall be met - express honest design construction, �how proper design concepts, and be appropriate to the Village of Tequesta. 3) All facades visibie to public or adjacent property shall be designed to create a harmonious whole. Materials shall express their function clearly and not appear as a material foreign to the rest of the building, 4) It is not to be inferred that buildings must look alike or be of the same style to be harmonious. Harmony can be achieved through the proper consideration of scale, proportions, site planning, landscaping, materials and color. 5) Buildings, which are of symbolic design for reasons of advertising and are not compatible to the atmosphere of Tequesta, will not be approved by this Board. Symbols, attached to buildings will not be allowed unless they are secondary in appearance to the building and landscape and are an aesthetic asset to the project and neighborhood, 6) Exterior lighting may be used to illuminate a building and its grounds for safety purposes, but in an aesthetic manner. Lighting is not to be used as a form of adver- tising iri a manner that is not compatible to the neighborhood or in a manner that it draws considerably more attention to the building grounds at night than in the day. Lighting fol- lowing the form of the building or part of the building will not be allowed. All fix�"it�5 used in exterior lighting are to be selected not only for functional value, but for aesthetic value. 7) Buildings of a style or style type foreign to South Florida and/or its climate, will not be atlowed. It is also -7- to be understood that buildings, even though they have a historical significance to South Florida, but do not con- form to the existing nor to the evoiving urban atmosphere of Tequesta, will not be approved. 8) Building surfaces, walls and roofs that are considered garish by the Board will be denied approval. ' 9) "Take out" or "pick up" windows of retail or whole- sale estabiishments shall not be located on a building facade that faces a public right-of-way, unless they are designed in such a manner as to be an aesthetic asset to the building and neighborhood, 10) Atl exterior forms, attached or not attached to buildings, shall be in conformity to and secondary to the building. They shall be an asset, both to the aesthetics of the site, and to the neighborhood. 11) All telephones on private property, vending ma- chines, or any facility dispensing merchandise or a service, shall be confined to a space buil�into the building or buildings or enclosed in a separate structure compatibie with the main building. 12) No advertising will be allowed on any exposed amenity or facility such as benches and trash containers. 13) The following is added criteria that pertain to, but are not limited to gasoline stations. Symbolic color of the exterior facades or roofs may not be used unless they are harmonious with the atmosphere of the neighborhood. Exampie: Royal blue, which symbolizes a brand of gasoline and other establishments, would not be acceptable in most cases. Exterior display of goods for sale or those designating a service will not be allowed, except gasoline station's display of goods and tools of a service may be displayed on the pump island, provided that the -8- island is not considered by the Board to be enlarged to take advantage of this provision, and provided that the goods and tools be such that they can be used or installed at the island. For example: An oil rack is acceptable, but a t.ire display is not. Areas used to store materials such as muffters, tires, packing crates or cases, refuse and garbage, shall be screened from adjacent property and form the public view. b) Exterior Space General. The scale of exterior space is to be relative to its neighborhood, adjacent praperties, buildings, access(roads and pedestrian routes) and its activity. Building facades enclosing a space must be harmonious. Where, because of their use or age, like facades are not�possible, consideration should be taken to unify the walls of the space by the application of landscaping, or man-made objects of like design, at modular spacing. The floor of a space is of primary importance, its materiats, texture and color, contour and shadow on it are are to be considered, not only in relation to the space, but to its setting. Naturat vistas must be surveyed and ptanning steps are to be taken to preserve them to the greatest extent. Careful consideration to future development shall be given to vistas which open into un- developed areas. c) Landscaping. Too much emphasis cannot be piaced upon landscaping as a means of achieving beauty in the community. In some projects and areas it will be the primary toot availa�le. This Village, with its sub-tropical vegetation and characteristics, is blessed with diverse areas of native plants and terrain to serve as guides and models. It is the desire of the Board that landscape design and pianning become more integrated with the overall area design concept and not be considered merely as an afterthought. Toward this end proposed landscaping schemes will be evaluated as to their relationship to: The existing natural tandscape, existing and proposed man devetoped landscape, including thoae on adjacent -9- properties and street rights-of-way and the buiiding or buildings existing and proposed. 1) The Board strongly feels that the existing natural landscape character should be preserved whenever possible. As an example of this, the Board would prefer that in an area containing a strand of trees that the developer would preserve as many of these trees as possible and further landscape in a com- plementary manner, rather than destroy the existing trees and replant with a type of vegetation completely foreign to the immediate natural environment. 2) Landscaping includes not only trees and plant- ings, but paving, benches, fountaines, exterior lighting fixtures, fences, and any other item of exterior furniture. All items of the landscape are to be selected, not only for their functional value, but for their aesthetic value and must complement the whole. 3) One of the basic uses of landscaping will be to screen. It is the masking out or concealing a partic- ular objectional area, accessory use of an otherwise acceptable structure or space. The achievement of this is left to the designer, whether by walls, fences, mounds of earth, or vegetation. Screening shall be employed to mask from the pubiic view or adjacent properties such service areas as trash and garbage areas, outside equipment of an unaesthetic character, and accessory buildings or areas not enhancing or in keeping with the aesthetics of the project or neighborhood. 4) Landscaping shali be designed in such a manner as to impart its aesthetic character when viewed from any -SO- area accessible to the public or from adjacent prop- erties. This is to include views from highrise build- ings and bridges, 5) Ali landscaping and plantings designated on the plans approved by the Board shall become effective and�or attain the size or height indicated within one (1) year from the date of the Certificate of Occupancy of the project. d) Parking lots. 1) Parking lots are to be designed as an aesthetic assetto a neightborhood and to the building, group of buildings, or facility it serves. It is to be considered an outside space, a transitional space which is ex- perienced between the access (such as roads) and the building, group of buildings or other outside spaces, which it serves, The responsibility toward beautifi- cation and design of the parking lot is the same as that which the home owner has to his residential lot. The parking lot, because it is viewed from above as well as at eye level, should be designed accordingly. 2) Parking lots and their parked automobiles are to be effectively screened from the public view and from adjacent property and in a manner that is attractive and compatible with safety, the neighborhood, and facilities served. 3) The atmosphere within the parking lot is to be park-like rather than the harsh hardstand of paving. Ten percent (10%1 miniumum of the gross parking area is to be devoted to tiving landscaping, which includes grass, ground cover, plants, shrubs and trees. Trees are of primary importance in the landscape. They are -11- not to be minimized in height nor in quantity. The tree imparts, especially in a retatively flat area, a sense of three dimentional space, it casts shadows that reduce the monotony of the expanse of paving and creates a refuge from the tropical sun. Signs desig- nating entrances, exits, regulations, etc. , are to be of a tasteful design and subject to review by the Board. The pavement is to be more than wait to wall asphalt. It is recommended that pavement be varied in texture or color designating lanes for automob.ile traffic, pedestrian walks and parking spaces. Bright colored pavement is to be us ed only with restraint. In order to create a pleasant atmosphere it is recommended that consideration also be given to scutpture, fountains, gardens, pools and benches. Design emphasis is to be given to the entrances and exits to the lot. Trash, ref- use and unaesthetic storage and mechanical equ.ipment must be screened from the parking lot. 4) Lighting is to be designed not only from a standpoint of safety and vandalism, but for visual effect. It is not to create an annoyance to t he neighbors, nor is it to impart a prison-like atmosphere. Low lights of a human scale can be used along with feature lighting em- phasizing plants, trees, barriet•s, entrances, exits, etc. The fixtures are to be selected not only for their functional value but for their aesthetic value. e) Definitions. I) PROPER. DESIGN CONCEPTS - refers to archi- tectural planning and to the analysis of the whole structure in terms of form and composition, color, materials, and surface decoration. It includes scale in relationship to -12- scale of adjacent buildings and landscape. It applies to inner character of the individual project. It applies in the same manner to alterations and advertising on the project (building). No one will be permitted the excuse that the area contains other unsightly buildings. 2) HONEST DESIGN CONSTRUCTION - concerns proper design of all work in its details, the uses of weather resistant materials, etc. Applies also to advertising. Cheap and poorly designed work must always be discouraged. 3) APPROPRIATE TO SURROUNDINGS - does not mean uniformity in style or subordination to existing buildings, but rather to bringing new buildings into an orderly relationship with landscape and nature, other buildings and open areas. Again, scale and composition come into importance, related here to adjacent properties. Surroundings are not oniy the buiidings within a neigt� • borhood, but shall be considered as the total picture. Future surroundings must also be weighed. Advertising signs on buildings must be appropriate to the surroundings in the same way. 4) SCALE - The character of any architectural work is determined both in its internal space and in its external volume by the fundamental factor of scale, the relation between the dimensions of a building and the dimensions of man. Every building is qualified by scale. 5) SPACE - The experience of space, a characteristic of architecture, has its extension in the V.illage, in the streets, squares, alleys and parks, in the playgrounds and in the gardens, wherever man has defined or limited a void and so has created an enclosed space. If in the -13- interior of a building, space is defined by six planes, (floor, ceiling and four walls) this does not mean that a void enclosed by five planes inatead of six - as, for exampie (a roofless) courtyard or public square - cannot be regarded with equal validity as space. All urban space wherever the view is screened off, whether by stone walls or rows of trees or embankments, presents the same features we find in architecturat space. �very building creates two kinds of space: its internal space, com- pletely defined by the building itsetf and its external or urban space, defined by that building and the others around it. All objects • bridges, fountains, groups of trees, walts, and in particular, the facades of buildings - are brought into play .in the creation of urban space. 6) PROPORTION - The retation of the parts of a building to each other and to the whole of the building. Proportion is closely tied to the scale of a building. 7. Additional Dut.ies. Tn addition to the provisions of this ordinance, the community appearance board may have other duties as set forth by the Village C%uncil from time to time by ordinance. 8 All ordinances and sect.ions thereof in conflict herewith are hereby repealed, 9. This ordinance shall take effect immediately upon its passage and approval as provided by law. 10. Should any section, clause or provision of this ordinance be declared by the Court to be invalid, the same shall not affect the vatidity of the ordinance as a whole or any part thereof, other than the part so dectared to be invalid. PASSED AND ADOPTED ON FIRST READTNG THIS 24th DAY OF APRIL, AD 1973. APPROVED BY: r:. ; r ,.- , , ..._. Mayor 4' � -14- f �: / r '/ t-. t' . �`_� ' y' ," /_ ./ ' r _ ��_. :�c: ` ��- �---_�— l ' K �-c'�•--_- L / /,iG.4�� �'^I ` ��t.!l�iK/" �; � 'Gc,���..t �G�� CZ ` � �y