HomeMy WebLinkAboutDocumentation_Workshop_Tab 04a_01/24/2005 7�- y
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-301 TEQUESTA CODE
to the requirements and standards subdivisions, and all uses or construction lying
of this section shall be permitted by partially or entirely in special flood hazard areas
right, without resort to the board of shall comply with the following:
adjustment. (1) Site plan review is required.
(10) Exemptions. Multifamily developments in (2) Conceptual review of the overall develop-
e�ustence at the date of the adoption of the ment, if phased, is required.
ordinance from which this section is de- �3) The development shall conform to all min-
rived that receive curbside recyclable ma- imum requirements of this chapter and
terials collection service on at least a any other applicable laws and regula-
weekly basis shall be exempt from the
standards of this section. tions.
(Code 1977, app. A, § X(R)) . (4) The development shall be compatible with
the intent of the zoning district wherein it
Sec. 78-302. Underground utility service. is proposed to be located and compatible
with adjacent land uses.
(a) All utility service lines within any zoning (5) No building permit shall be issued for the
district of the village shall be placed underground purpose of erecting any structure or build-
within any zoning district of the village upon ing, or for structural alterations in any
development of the property in question. This existing structure or building, until after
provision shall apply to all new construction as the village council shall approve the site
well as to any renovation, restoration or construc- plan in accordance with this section.
�. activity to an existing structure wherein the (6) No building permits or development or-
.ovation, restoration or construction activity ders shall be issued unless public facili-
value is greater than 50 percent of the assessed ties and services which meet or exceed the
value of the existing structure. adopted level of service standards are
(b) Compliance with the intent of this section available concurrent with the develop-
shall be a prerequisite to the issuance of a build- ment impacts. Compliance with this re-
ing permit by the building official. quirement may be accomplished through
one or more or a combination of the fol-
(Code 1977, app. A, § X(Q)) lowing processes:
Cross references—Underground utility service in subdi-
v�sions, § 66-343 utilities, ch. �4. a. Installation of all required public
facilities/infrastructure/services prior
to or concurrent with the develop-
Secs. 78-303-78-330. Reserved. ment impacts.
b. Phasing of all required public facili-
DIVISION 2. SITE PLAN REVIEW ties/infrastructure/services:
1. By local government (capital im-
Sec. 78-331. Required; development stan- provements element).
dards; required facilities and 2. By the developer (development
infrastructure. agreements).
By the terms of this chapter, all permitted uses c. Phasing of the development.
in all zoning districts except R-lA and R-I, all �7� All proposed development and or redevel-
special exception uses as approved by the village opment shall be coordinated with andlor
council, all planned residential development (PRD), obtain approvals and/or permits from the
Zned commercial development (PCD), and following agencies:
�.ined mixed-use development (PMUD), all mis- a. Palm Beach County Health Depart-
cellaneous development and redevelopment, all ment
CD78:82
ZONING § 78-331
b. Palm Beach County Fire/R,escue (Fire ment meets or exceeds the level of service
Marshal). standards for the listed infrastructure as ;
c. Loxahatchee River Environmental follows:
Control District (ENCON). a. Traffic (roads and rights-of-way).
d. Department of Environmental Re- (LOS� �LOS)
sources Management (DERM). Roadway �ype Standard Peak
e. South Florida Water Management Collector C D
Dlstl'ict (SFWMD). (Except for Country C C
Club Drive and
Seabrook Road, which
f. Florida Department of Transporta- shall be)
tion (FDOT). Urban minor arteriais C D
g. West Palm Beach Urban Area Trans- P�nciPal arterials C D
portation Study (WPBUATS). b. Sanitary sewer.
h. Metropolitan Planning Organization Maximum. Maximum
of Palm Beach County (MPO). MonthZy Datly Daily Flow
Category Flow (MMDF) (MSF)
i. Palm Beach County Tr�c Engineer- Residentiai 73.1 gallons/ 78.8 gallons/
ing DlvlsiOri. capita/day capita/day
Nonresidential 431 gallonsl 464.9 gallons/
j. Martin County Metropolitan Plan- acre/day acre/day
ning Organization.
c. Drainage. A public drainage facili-
k. Martin County Traffic Engineering ties level of service standard of a
Department. three-year frequency, 24-hour dura-
1. Florida Power & Light Company. tion storm event is hereby adopted,
and shall be used as the basis of
m. Southern Bell Telephone Company. estimating the availability of capac-
ity and demand generated by a pro-
n. Solid waste purveyor. posed development project. As a gen-
o. Tequesta Water Department. eral drainage requirement, each
proposed project and/or site must
p. Other municipal, county, state and/or maintain 95 percent of all stormwater
federal agencies as may be applica- runoff on-site.
ble. d. Potable water. The following potable
Evidence of final acceptance by agencies water level of service standards are
listed in this subsection of the develop- hereby adopted and shall be used as
ment or redevelopment project must be the basis for estimating the availabil-
submitted to the village prior to the issu- ity of facility capacity and demand
ance of certificates of occupancy or of final generated by a proposed develop-
acceptance by the village. ment project:
(8) All new development and/or redevelop- 1. Average day water consump-
ment must provide the necessary infra- tion rate:
structure to meet the following level of Residential 236 gallons/capita/day
service standards. Each application sub- lvonresidential None established/LOS stan
mitted pursuant to this section shall be dard shall be established by
required to provide a certification from a 199i.
licensed engineer in the state that the 2. Maximum day water consump-
proposed development and/or redevelop- tion:
CD78:83
-331 TEQUESTA CODE
Residential 354 gailons/capita/day review and subdivision review process,
Nonresidential None established/LOS stan- shall submit a drainage%nvironmental
dard shall be established by statement describing how the proposed
i991. development will affect the estuarine wa-
e. Recreation level of service standards ter quality of the class III waters of the
table. village, and also an environmental impact
assessment study prepared by a qualified
Classi�catiore ecologist or other professional qualified to
Area/Actiuity Standard
(unit/population) do such an assessment. The study shall
meet the requirements of chapter 50, ar-
Neighborhood parks 2 acres/i3O00 ticle II, pertaining to environmentally sen-
Community parks 2 acres/1,000 sitive lands.
Beaches 1 mile/31,250
Golf courses 9 holes/30 (15) New development and redevelopment shall
Tennis 1 court/2 not be permitted within the coastal high-
Basketball 1 courtJ2 hazard area of the village as defined in
BasebalUsoftball 1 field/7 section 78-780(a), and there shall be no
FootbalUsoccer 1 field/4,800
Playground areas 1 acre/3 expenditure of public funds for infrastruc-
Beach access easements 1 per'/z mile of developed or ture and/or facilities wit�'1in the coastal
redeveloped beach frontage high-hazard area.
(9) The development shall meet the require- (16) Notification of neighboring jurisdictions
ments of the Year 2000 Cost Feasible of any external impacts that a proposed
Transportation Plan (WPBUATS). project might have within those jurisdic-
10) The development shall project for the res- tions and assessment and mitigation of
ervation and preservation of existing and those impacts shall be required.
future rights-of-way as may be deter- (17) Determination of needed public facility
mined by the village and in conformance improvements shall be made during the
with the county and village right-of-way site plan andJor subdivision review pro-
protection plan. cess and prior to the issuance of a devel-
(11) Site plans shall be required which incor- opment order and building permit.
porate innovative urban, architectural, (18) Stormwater management facilities includ-
and/or engineering design of impervious ing curbs, gutters, piping, culverts, ditches,
areas (e.g., parking lots) to maximize the etc., shall be provided based on engineer-
retention of rainfall to these areas which ing calculations and design standards to
will increase the recharge of groundwater ensure that all drainage improvements
while reducing stormwater runoff. are in conformance with chapter 74, arti-
(12) All new developments shall be required to cle IV.
limit post-development surface water run- (Code 1977, app. A, § X(M)(1))
Cross referenees—Level of service standards, § 62-92;
off rates and volumes to predevelopment general standards; level of service standards, § 66-161.
conditions.
(13) All proposed new development and major Sec. 78-33�. Preapplication meeting.
redevelopment within the coastal build- A preapplication meeting called by the building
ing zone of the village must provide for official between appropriate village officials, the
the dedication of public access easements landowner or representative, and other entity
meeting the adopted level of service stan- representatives deemed appropriate shall be re-
dards. quired prior to application submittal for site plan
t4) All proposed new development and major review to ensure proper coordination, intention
redevelopment, as part of the site plan and understanding in the development of land
CD78:84
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ZONING § 78-333
and buildings and to consider compliance with d. Off-street parking and off-street load-
applicable village regulations. See section 78- ing areas.
331(7) for a list of possible preapplication meeting
attendees. The applicant is responsible for prop- e. Recreation facilities locations.
erly notifying the various affected agencies in the f. All screens and buffers.
list of the time, place and subject of the preap-
plication meeting. g. Refuse collection areas.
(Code 1977, app. A, § X(M)(2)) h. Access to utilities and points of util-
ities hookups and location of all fire
Sec. ?8-333. Contents of application. hydrants close enough for fire pro-
(a) Applications for site plan review shall be tection.
filed with the building official and shall include i. Tabulations of total gross acreage in
those of the following information items that are the project and the percentages
applicable: thereof proposed to be devoted to the
(1) Statements of unity of title, warranty various uses, ground coverage by
deed, or purchase contract of the subject structures and impervious surface
property. coverage.
(2) Statement describing in detail the char- j. Tabulations showing the derivation
acter and intended use of the property. of numbers of off-street parking and
(3) General location map, showing relation of off-street loading spaces and total
the site for which site plan approval is project density in dwelling units per
sought to major streets, schools, existing acre, if applicable.
utilities, shopping areas, important phys- �5) If common facilities (such as recreation
ical features in and adjoining the project, areas or structures, common open space,
and the like. etc.) are to be provided for the develop-
(4) �velve copies of a site plan containing the ment, statements as to how such common
title of the project and names of the archi- facilities are to be provided and perma-
tect, engineer, project planner and/or de- nently maintained. Such statements may
veloper, date, and north arrow, and based take the form of proposed deed restric-
on an exact survey of the property drawn tions, deeds of trust, surety arrange-
to a scale of sufficient size to s�ow: ments, or other legal instruments provid-
a. Boundaries of the project, any exist- ing adequate guarantee to the village that
ing streets, buildings, watercourses, such common facilities will not become a
and easements, and section lines. future liability for the village.
b. Exact location, use, height, and bulk (6) Preliminary storm drainage and sanitary
of all buildings and structures. sewage plans or statements.
c. Acomprehensive traffic study, which �7� �chitectural elevations for buildings in
shall be provided by an engineering the development, and exact number of
firm mutually agreed upon by both units, sizes and types, together with typ-
the village and the applicant. The ical floor plans of each type.
study shall include but not be lim-
ited to access and traffic flow and (g) Landscaping plan, including types, sizes
volume, and how vehicular traffic and locations of vegetation and decorative
will be separated from pedestrian shrubbery, and showing provisions for ir-
and other types of traffic. The cost of rigation systems.
this study shall be paid by the appli-
cant. (9) Plans for signs, if any.
CD78:85
333 TEQUESTA CODE
(10) Plans for recreation facilities, if any, in- (b) Items listed in subsection (a) of this section
cluding buildings and structures for such in the application content which require the prep-
use. aration of architectural or engineering drawings
(11) Plans for the extraction of fill and mineral shall be prepared and certified by an engineer or
resources and alterations or modifications architect registered in the state. Land surveys,
to the slope, elevation, drainage pattern, site plans and plans and requirements appurte-
natural vegetation and accessibility o£the nant to site plans shall be prepared and certified
development. by a registered surveyor, engineer, architect or
landscape architect, or a practicing land planner,
(12) Such additional data, maps, plans or state- as may be appropriate to the particular item.
ments as may be required by the village
for the particular use or activity involved, (c) Any item submitted as part of the applica-
including impacts on affected community tion content which requires modification at any
facilities and services created by the de- time during the site plan review process by the
velopment. village may be so modified without resubmittal of
an entirely new application; provided, however,
(13) Such additional data as the applicant that the modification is approved by the building
may believe is pertinent to the site plan. . official and village council and is determined to be
(14) If development is to occur in phases, those consistent with the terms and intent of this sec-
phases should be clearly delineated on the tion and the zoning district in which the site is
site plan and identified in the plans and located.
requirements appurtenant to that site plan, (Code 1977, app. A, § X(M)(3))
and each development phase shall be sub-
ject to site plan review by the village. Sec. 78-334. Application and review process. _
(15) The substance of covenants, grants of Applications for site plan review shall adhere
easements or other restrictions proposed to the following procedures and requirements:
to be imposed upon the use of the land, �1) Preapplication meeting. A preapplication
buildings and structures, including pro- submittal meeting shall be held with the
posed easements or grants for public util- applicant and his design team and the
ities, if applicable. building official and his development staff.
(16) A statement from the applicant that the �2) Review by building official. The building
submitted site plan is consistent with the offcial shall review the submitted site
goals, objectives, and all other provisions plan, and plans and requirements perti-
of the village comprehensive development nent to the site plan, to ensure compli-
plan, and further that the projected use is ance with the applicable site regulations,
specifically authorized by development or- use regulations, parking regulations and
dinances and regulations. The statement all other technical requirements. If the
shall include, but not be limited to, spe- application is deemed by the building
cific references to those sections of the official to be at variance with such regu-
comprehensive plan relating to the pro-
posed development. lations and requirements, further action
on the site plan review shall be stayed
(17) A statement from the applicant or land- until such variance is resolved or appro-
owner that all pertinent permits are con- priate application is made to the village
currently being sought from the applica- council for the granting of a variance
ble county, state, and federal agencies. concurrent with site plan review. If the
Such permits shall be secured prior to the application is deemed by the building
issuance of a building permit for any official to be in compliance with such
development on property included within regulations and requirements, the appli-
the site plan. cation and all exhibits and any additional
CD78:86
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ZONING § 78-334
comments of the building official and his renderings, color samples, roof material :
development review staff concerning such sample and any other e�chibits deemed
application shall be submitted by the build- appropriate by the building official and
ing of�icial to the village council. The his development staff, the community ap-
building official shall submit such appli- pearance board shall review and act upon
cation for village council review within 45 the application.
days of receipt of the application.
(3) Reuiew by uillage councid. Upon receipt of �8j Expedited site plan review. At the
all required plans, exhibits and support applicant's request and upon prior receipt
documents from the building official, in- of the application fee associated there-
cluding but not limited to 12 copies of a with, in addition to all required submit-
current survey, proposed site plan, land- tals, including but not limited to 12 copies
scape plan, site lighting plan, building of a current survey, proposed site plan,
elevations, color renderings, color sam- landscape plan, site lighting plan, build-
ples, roof material sample and any other ing elevations, color renderings, color sam-
e�iibits deemed appropriate by the build- ples, roof material sample and any other
ing official and his development staff, the exhibits deemed appropriate by the build-
village council shall review, consider and ing official and his development staff, the
act upon the application. village shall initiate an expedited site
plan review process wherein, within 30
(4) Action by village council. After review, the days of receipt of the application, at a
village council shall grant approval, with joint meeting, the village council and the
conditions, or deny the application and community appearance board shall con-
direct the building official to approve or currently review, consider and act upon
withhold approval of the building permit. the application.
(5) Approaal granted with conditions. When �g� �me limit for application for building
certain conditions are attached to the site permit. A building permit must be applied
plan review, the conditions shall be stated for within one year of the date of the site
in writing on a separate form and become plan approval or the approval shall be
a part of the approved site plan. Prior to nullified. In the case of a site plan which
the issuance of a building permit, the
applicant shall sign and date the form, provides for development phases over a
indicating acknowledgement of the condi- period of years, the village council shall
tions. set forth time within which application
for building permit on each phase sha11 be
(6) Developer's agreement. The village council filed. If applications for building permits
may require an applicant to enter into a are not filed within these times, the ap-
developer's agreement with the village if proval shall terminate and be deemed
the village council deems such agreement null and void unless such time period is
appropriate. If a developer's agreement is extended for one more year only by the
required of an applicant, it shall be set village council upon written request of the
forth in a recordable form, acceptable to applicant.
the village attorney.
(7) Community appearance board review. �10) Application fee.
Within 15 days after village council ap- a. Administrative costs. To cover all ad-
proval of the application and upon receipt ministrative costs incurred by the
of all required submittals, including but village in the site plan review pro-
not limited to 12 copies of a current sur- cess, the applicant shall, upon sub-
vey, proposed site plan, landscape plan, mittal of the application for site plan
site lighting plan, building elevations, color review, pay a fee in an amount as
CD78:87
�-334 TEQUESTA CODE
established by resolution of the vil- found by the village council to comply with the
lage council and on file in the village following requirements and other applicable re-
clerk's office. quirements as set forth in this chapter:
b. Additional costs. To cover all addi- (1) The proposed use is a permitted special
tional administrative costs, actual or exception use.
anticipated, including, but not lim- �2) The use is so designed, located and pro-
ited to, engineering fees, consultant posed to be operated so that the public
fees and special studies, the appli- health, safety, welfare and morals will be
cant shall compensate the village for protected.
all such costs prior to the processing
of the application, not later than 30 (3) The use will not cause substantial injury
days after final application approval, to the value of other property in the
whichever is determined as appro- neighborhood where it is to be located.
priate by the building official. Addi- (4) The use will be compatible with adjoining
tional costs may also apply to the development and the proposed character
expedited site plan review process. of the district where it is to be located.
(Code 1977, app. A, § X(M)(4))
(5) Adequate landscaping and screening is
Secs. 78-335-78-360. Reserved. provided as required in this chapter.
(6) Adequate off-street parking and loading
IVISION 3. SPECIAL EXCEPTION USES is provided and ingress and egress is so
designed as to cause minimum interfer-
ence with traffic on abutting streets.
. 78-361. Purpose.
(7) The use conforms with all applicable reg-
The development and execution of a zoning ulations governing the district where lo-
ordinance is based upon the division of the village cated, except as may otherwise be deter-
into districts, within which the use of land and mined for planned developments.
structures and the bulk and location of structures (Code 1977, app. A, § X(J)(2))
in relation to the land are substantially uniform.
It is recognized, however, that there are certain Sec. 78-363. Findings required for approval. ,
uses and features which, because of their unique Before any special exception is granted, the
characteristics, cannot be distinctly classified or village council shall apply the standards set forth
regulated in a particular district without consid- in this division and shall determine that satisfac-
eration in each case of the impact of such uses and tory provision and arrangement of the following
features upon neighboring uses and the surround-
ing area, compared with the public need for them factors have been met by the petitioner, where
at particular locations. Such uses and features applicable:
are therefore treated as special exceptions. A (1) Compliance with all elements of the vil-
special exception is not the autornatic right of any lage comprehensive plan.
applicant. (2) Ingress and egress to property and pro-
(Code 1977, app. A, § X(J)(1)) posed structures thereon with particular
reference to automotive and pedestrian
Sec. 7&362. Criteria. safety and convenience, traffic flow and
Special exception uses and their related acces- control, and access in case of fire or catas-
ry uses or any expansion, enlargement, or mod- trophe.
tion of an existing special exception use shall (3) Off-street parking and loading area, where
ermitted only upon authorization of the vil- required, with particular attention to the
e council provided that such uses shall be items in subsection (2) of this section.
CD78:88
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ZONING § 78-368 �
:;
(4) Refuse and service areas, with particular the factors under section 78-363 and all other
reference to subsections (2) and (3) of this conditions and particular regulations relating to
section. the specific special exception requested.
(5) Nuisance factors detrimental to adjacent (Code 1977, app. A, § X(J)(5))
and nearby properties and the village as a Sec. 78-366. Reapplication after denial.
whole. Nuisance factors shall include but
not necessariiy be limited to noise, odor, (a) Whenever the village council has denied an
smoke, glare, electrical interference and/or application for a special exception, the village
mechanical vibrations. shall not thereafter consider any further applica-
(6) Utilities, with reference to location, avail- tion for special exception on any part of or all of
ability and compatibility. the same property for a period of 12 months from
the date of such action.
(7) Screening and buffering, with reference
to type, dimensions and character. (b) The time limits of subsection (a) of this
section may be waived by three affirmative votes
(8) Signs and proposed exterior lighting, with of the village council when such action is deemed
reference to glare, traffic safety, economic necessary to prevent injustice or to facilitate the
effect and compatibility and harmony with proper development of the village.
properties in the district. (Code 1977, app. A, § X(J)(6))
(9) Required yards and other open space.
Sec. 78-367. Time limit for commencement
(10) General compatibility with adjacent prop- of use.
erties and other property in the district.
(11) Whether the change suggested is out of �a) A special exception shall commence within
scale with the needs of the neighborhood 12 months from the date of grant of the special
exception unless extended by action of the village
or the village. council.
(12) Any special requirements set out in the �b) Commencement of a special exception oc-
schedule of site regulations in section curs upon the filing of an application for a build-
78-143 for the particular use involved. ing permit, preliminary plat or site plan, or upon
(Code 1977, app. A, § X(J)(3)) the initiation of significant action to satisfy re-
Sec. 78-364. Imposition of additional condi- quirements for improvements contained in a de-
tions and safeguards. velopment order or other regulatory documents
relating to the special exception.
In addition to the standards listed in section (c) Only one extension shall be permitted and
78-363 and specific conditions listed for each the extension shall not exceed six months.
particular special exception listed within any par-
ticular zoning district, . the village council may (d) Special exceptions granted to any govern-
impose other such conditions and safeguards as it mental unit shall be exempt from the provisions
deems appropriate in conformity with this chap- of this section unless a time limitation is made a
ter for the protection of the surrounding proper- specific condition of the special exception.
ties and the neighborhood or general welfare of (Code 1977, app. A, § X(Jx7))
the public.
(Code 1977, app. A, § X(J)(4)) Sec. ?8-368. Application; notice of hearing.
Sec. 78-365. Denial. (a) A written petition for special exception
shall be submitted by noon on the 15th of the
Should the village council deny a special excep- month or previous regular business day indicat-
tion, it shall state fully for the record the reasons ing the section of this chapter under which the
for doing so. Such reasons shall take into account special exception is sought and stating the grounds
CD78:89
-368 TEQUESTA CODE _
on which it is requested, with particular reference d. Internal circulation patterns includ-
to the written findings under section 78-363 and ing off-street parking and loading
other specific conditions, if applicable, which the facilities.
village council shall address. The petition shall e. Tota1 project density.
include all material necessary to meet the require-
ments of the development concept plan listed in f. Percentage of building coverage.
subsection (b) of this section and any additional g, Percentage of impervious surface cov-
information that will demonstrate that the grant erage.
of special exception will be in harmony with
general intent and purpose of this chapter. h. Percentage of open space areas.
i. The shape, size, location and height
(b) A petitioner seeking special exception ap- of all structures.
proval shall submit a development concept plan
on one or more sheets of paper measuring not (8) A traffic impact analysis as may be re-
more than 24 by 36 inches and drawn to a scale quired by the village or its designated
not smaller than 100 feet to the inch. The follow- engineer including the following:
ing shall be pravided on the development concept a. Future right-of-way dedications.
plan: b. Intersection improvements.
(1) Scale, date, north arrow, vicinity sketch, c. Traffic control devices.
title of the project and total gross acreage.
d. Traffic generation analysis.
(2) The boundaries and dimensions of the
property and its relationship to the sur- e. Distribution and assignment of traf-
rounding road system, including the width fic.
of the existing travelway (pavement). f. Additional roadway needs.
(3) The location and dimension of existing (9) The proposed phasing of construction for
manmade features such as existing roads the project if applicable.
and structures, with indication as to which (10) For commercial uses, office uses and uses
are to be removed, renovated or altered. other than residential, the estimated
(4) The location of existing easements, water- square footage of the structure, the num-
courses, section lines, and water and sewer ber of employees, the estimated seating,
lines, well and septic tank location, and and the estimated number of users of the
other existing important physical fea- facility, such as members, students and
tures in and adjoining the project. patients.
(5) The location and delineation of existing (11) Proposed hours of operation for commer-
trees and information as to which trees cial uses.
will be removed. (12) A drainage statement or drainage plan as
(6) Identification of surrounding land use, may be required by the village or its
zoning and existing buildings within 100 designated engineer.
feet of the petitioned site, as well as the (13) Size, location and orientation of signs.
zoning of the petitioned site.
(14) Proposed lighting of the premises.
(7) A layout of the proposed lots and/or build-
ing sites including the following site data: (15) Ten aerial maps at a minimum scale of
one inch equals 300 feet, showing the site
a. Finished floor elevation. in question with paved boundaries super-
b. Common open area. imposed.
c. Generalized landscaping and buffer (16) A legal description of the land proposed
areas. for development.
CD78:90
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• ZONING § 78-394
(c) The application shall be reviewed by the DIVISION 4. LANDSCAPING*
land development staff within 30 days of the
submission deadline. Upon land development staff Sec. 78-391. Objective.
review and analysis of all submitted materials,
the building ofPicial shall forward a recommenda- �e objective of this division is to improve the
tion to the village council. appearance of off-street vehicular parking, open
lots, and service areas in the village, and to
(d) A public hearing shall be held by the village protect and preserve the appearance, character,
council. The property owner may appear person- and value of the surrounding neighborhoods and
ally or by agent or attorney. thereby promote the general welfare by providing
standards for the installation and maintenance of
(e) Notice of public hearing shall be advertised landscaping for screening and aesthetic qualities,
15 and five days in advance of the public hearing since the village council finds that the peculiar
in a newspaper of general circulation in the area. characteristics and qualities of the village justify
The owner of the property for which special ex- regulations to perpetuate its aesthetic appeal on a
ception is sought or his agent or attorney desig- village-wide basis.
nated by him on the submitted petition shall be (Code 1977, app. A, § X(H)(1))
notified by mail. Notice shall be given by mail to
all owners of property within a 300-foot radius of Sec. 78-392. Applicability.
the boundary lines of the property for which a Landscaping shall be provided in all zoning
special exception is requested. The list of property districts according to the regulations in this divi-
owners within the stated radius shall be provided sion. Single-family lots are exempt from the pro-
by the applicant from the most recent tax roll
information as provided by the county appraiser's visions of this division except for section 78-396.
office. The applicant must furnish an affidavit tCode 1977, app. A, § XtH)(2))
signed by the person responsible for providing the
list. Notice of the public hearing shall be promi- Sec. 78-393. Renovation of existing proper-
nently posted on the property by the applicant for ties.
which a special exception is sought. Notwithstand- �I(�enever an e�sting structure is altered in
ing any other provision contained in this section, any way, requiring approval of the community
failure to provide written notice to any adjacent appearance board and/or the village council, land-
property owners shall not constitute a jurisdic- scaping, if not in accordance with present criteria
tional defect provided that proper legal notice has requirements set forth in this division, shall be
been published. upgraded by the responsible party to meet the
(Code 1977, app. A, § X(J)(8)) requirements of this division, unless, in the opin-
ion of the village council, such upgrading is im-
Sec. 78-369. Filing fee. practical or would result in undue hardship. In
this case, the village council reserves the right to
Upon filing an application for special excep- waive such portions of the criteria as it deems
tion, the applicant shall pay a fee to the village at advisable.
the time of filing of such application. The fee shall (Code 1977, app. A, § X(H)(2)(a))
be in an amount as established by resolution of
the village council and on file in the village clerk's Sec. 78-394. Nonconforming areas.
office, shall not be reimbursable, and is intended
to defray costs of administering, processing, and (a) Any parcel of land upon which a structure
reviewing the application. has been heretofore erected and which received a
(Code 1977, app. A, § X(J)(9)) certificate of occupancy prior to the date of adop-
tion of the ordinance from which this division is
*Cross references—Landscaping, § 22-84; vegetation ob-
SeCS. 78-370-78 Reserved structions, § 30-61 et seq.; trees, § 50-211 et seq.
CD78:91