HomeMy WebLinkAboutDocumentation_Regular_Tab 14_03/18/2008VILLAGE OF TEQUESTA
AGENDA ITEM TRANSMITTAL FORM
1. VILLAGE COUNCIL MEETING:
Meeting Date:
3/18/08
Meeting Type: Regular
Ordinance #: Ord 7-08
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Originating Department: Attorney
Z. AGtNUA I1 I=M I I ILt: (woraing Corm the sut its i une or your starr report
Ordinance 7-08, First Readina, Amending Chapter 78. Zoning. At Article III. Appeals and Variances. By
amending Section 78-63 to provide for revised appellate jurisdiction and revised notice requirements; and at
Article IX. Supplemental Regulations. Division 2. Site Plan Review. By amending Sections 78-331 and 78-334
to provide for review by the Planning and Zoning Advisory Board and revised notice requirements; and at
Article IX. Supplemental Regulations. Division 3. Special Exception uses. By amending section 78-368 to
provide revised notice requirements
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4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item)
The attached Ordinance revises the notice requirements for all variance and appeal hearings, all site
plan review hearings and all special exceptions in order to conform to state law.
5. APPROVALS: _ "
Dept. Head: �'' —o,l )�►�`"' Finance Director:
Attorney: (for legal sufficiency) Yes No ❑
Village Manager:
• SUBMIT FOR COUNCIL DISCUSSION: If'
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a DENY ITEM: ❑
MEMORANDUM
Village of Tequesta
Clerk's Office
TO: Mr. Michael R. Couzzo, Jr., Village Manager
Honorable Mayor and Village Council Members
FROM: Lori McWilliams, Village Clerk
DATE: February 25, 2008
SUBJECT: Ordinance 7-08
The attached Ordinance revises the notice requirements for all variance and appeal
hearings, all site plan review hearings and all special exceptions in order to conform to
state law.
ORDINANCE NO. 7-08
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING. AT
ARTICLE I. IN GENERAL. BY AMENDING SEC. 78-4. TO ELIMINATE
THE DEFINITION OF "COMMUNITY APPEARANCE BOARD"; AND AT
ARTICLE 111. APPEALS AND VARIANCES. BY AMENDING SECTIONS
78-62 THROUGH 78-67 TO PROVIDE FOR REVISED APPELLATE
JURISDICTION AND REVISED NOTICE REQUIREMENTS; AND AT
ARTICLE IX. SUPPLEMENTAL REGULATIONS. DIVISION 2. SITE
PLAN REVIEW. BY AMENDING SECTIONS 78-331 AND 78-334 TO
CONFORM LEVEL OF SERVICE STANDARDS TO THE VILLAGE
COMPREHENSIVE PLAN AND TO PROVIDE FOR REVIEW BY THE
PLANNING AND ZONING ADVISORY BOARD AND REVISED NOTICE
REQUIREMENTS; AND AT ARTICLE IX. SUPPLEMENTAL
REGULATIONS. DIVISION 3. SPECIAL EXCEPTION USES. BY
AMENDING SECTION 78-368 TO PROVIDE REVISED NOTICE
REQUIREMENTS; AND AT DIVISION 4. LANDSCAPING. BY
AMENDING SECTION 78-393 TO DELETE REFERENCE TO THE
COMMUNITY APPEARANCE BOARD; AND AT ARTICLE X. OFF-
STREET AND ON -STREET PARKING AND LOADING REGULATIONS.
AT SECTION 78-705 TO REVISE THE PARKING SPACE
REQUIREMENTS FOR DWELLINGS IN CERTAIN CIRCUMSTANCES;
PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB-
SECTION OF CHAPTER 78. ZONING. 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, it has come to the attention of the Village Council that the notice
requirements for all variance and appeal hearings, all site plan review hearings and all
special exception hearings are in need of revision; and
WHEREAS, additional revisions to the zoning code regarding site plan review
are needed to bring the zoning code into conformance with the Village Comprehensive
Plan and newly adopted code which provides for planning and zoning advisory board
review of site plans, and
WHEREAS, additional revisions to the zoning code regarding off-street parking
requirements for certain dwellings are required; and
WHEREAS, the Village Council desires to adopt such revisions to the village's
zoning code; and
WHEREAS, the Village of Tequesta has held all duly noticed public hearings
pursuant to Florida Statutes regarding revisions to the text at Chapter 78, the Village's
Zoning Ordinance; and
WHEREAS, the Village Council believes the code amendments contained in this
ordinance will be in the best interests of the Village of Tequesta.
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 I. In General. by amending Section 78-4 to
eliminate the definition of "Community Appearance Board"; providing that Section 78-4.
shall hereafter read as follows:
Sec. 78-4. Definitions.
The following words, terms and phrases, when used in this chapter, shall have
the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning. All words used in the present tense include the future; all
words in the singular number include the plural and the plural the singular. The word
"building" includes the word "structure." The word "shall" is mandatory. The word
"person" includes a firm, corporation or Municipal Corporation as well as a natural
person. The word "map" shall mean the official zoning map of the village. The term
"council" shall mean the Council of the Village of Tequesta and the word "village" shall
mean the Village of Tequesta, a municipal corporation of the State of Florida. The word
"used" shall be deemed to include the words "arranged, designed or intended to be
used," and the word "occupied" shall be deemed to include the words "arranged,
designed or intended to be occupied." Any word or term not interpreted or defined by
this section shall be used with a meaning of common or standard utilization.
Community appeaFanoo beeFd means the village Gommunity appearanGe board as set.
feFth an Ghapter2aFtisae-N—
(All other definitions in this secton 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 III. Appeals and Variances. by amending
section 78-63 to provide for revised appellate jurisdiction and revised notice
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requirements; providing that Article III. Appeals and Variances. shall hereafter read as
follows:
ARTICLE Ill. APPEALS AND VARIANCES
Sec. 78-61. Generally.
Appeals and variances described in this article shall be considered by either the
board of adjustment or the village council. The board of adjustment shall consider
appeals and variances relating to single-family properties and structures located within
the R -1A and R-1 single-family dwelling districts of the village. The village council shall
consider appeals and variances relating to all other properties not within the jurisdiction
of the board of adjustment, including properties within the R -1A and R-1 single-family
dwelling districts which are not single-family, and structures and properties in all other
zoning districts in the village, and appeals and variances relating to subdivisions in any
zoning district.
Sec. 78-62. Board of adjustment established; membership; rules of procedure.
(a) A board of adjustment is hereby established, which shall perform its duties as
provided by law in such a way that the objectives of this chapter shall be observed,
public health, safety, and welfare secured, and substantial justice done.
(b) The board of adjustment shall consist of five regular members appointed by the
village council, who shall serve without compensation and for a term of three years. In
addition to the regular board members, two additional members, to be designated as
alternate #1 and alternate #2, shall be appointed to serve in that order at meetings of
the board when necessary on the board as a quorum. In the case of only three
members present, all present shall have to vote in favor of a variance to make it
effective. Alternate members shall serve for two years, but of the first appointed
alternate members, one shall serve for one year, and one shall serve for two years.
Thereafter, alternate members shall be appointed for two-year terms.
(c) 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. Members of
the board of adjustment may be removed from office by the village council upon written
charges and after public hearing. The board shall select its own chair and vice -chair
annually at the first meeting of the calendar year. The building official or his designated
representative shall serve as clerk and advisor to the board.
(d) All members of the board of adjustment shall be qualified electors of the village.
(e) The board of adjustment shall adopt rules of procedure for the conduct of its
business, consistent with the provisions of this chapter. Meetings of the board shall be
held at the call of the chair, and at such time as the board may determine. The nhair .,r
attendaRGP-. Of Wit..RP_Ssers. All meetings of the board and its files or records shall be open
to the public.
(f) The board of adjustment shall also keep minutes of its proceedings, showing the
vote of each member upon each question, or, if absent, indicating such fact, and shall
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keep records of its examinations and other official actions, all of which shall be
immediately filed in the office of the board and shall be a public record.
Sec. 78-63. Appeal procedure.
(a) Appeals to the board of adjustment or the village council, as appropriate, may be
taken by any person aggrieved or by aRy e#;ner, h"ronu or depaFtmen+ of the governing
body of the village affeGted by any decision of the administrative officer charged with
enforcement of that portion of this chapter relating to the powers and duties of the board
of adjustment or the village council. Such appeal shall be taken within a Feasenable tome
as pFevided by the rules of the board eF the village GOURGOI ten (10) days of the decision
being appealed. by filing with the clerk of the board or the village council a notice of
appeal specifying the grounds thereof. The officer from whom the appeal is taken shall
forthwith transmit to the board or the village council all of the papers constituting the
record upon which the action was taken.
(b) The board or the village council, as appropriate. shall fix a reasonable time for the
hearing of the appeal, give public notice thereof, by sending no+ine through rare ler mail
to prepeFty owners of reGerd -A,ithin -a 3-0-0 feet radius of the autermest perimeter (If the
offithin the
GOMM unity as well as �� ie ne+ine to the paFties in ;n+eFe�+ and decide the same within a
reasonable time. Upon the hearing, any party may appear in person, by agent or by
attorney. Notice of public hearing shall be advertised a minimum of ten (10) days in
advance of the public hearing in,.a., newspaper
,o,.f general circulation in the area.
(C) many matter hro� brought the board OF the villaGOUnGil and upon whir.h.
-
time,required to make a deGision, the parties in interest shall be giveR AGtiGe by Mao! of
plaGe and subjert matter of the hearing. For this purpose,
being the owner of the
prepeFty shall be deemed te be the per -son shown on the
... tax assessment roll as
a owner, and c hell he .4 to the .�ddF given an s o
��vrrT�r�-wnca-��-R6tiGe-Shun-r✓c�cnr-�v-crn�are8$-��� �-r-vn-aavh
assessment Fell for that neFsen The owner of the property for which the apaeal is
sought or his agent or attorney designated b him on the submitted notice of appeal
shall be notified by mail of the date and time of the hearing..
Sec. 78-64. Stay of proceedings pending decision on appeal.
An appeal stays all proceedings in furtherance of the action appealed from,
unless the officer from whom the appeal is taken certifies to the board of adjustment or
the village council, as appropriate, after the notice of appeal shall have been filed with
him, that, by reason of facts stated in the certificate, a stay would, in his opinion, cause
imminent peril to life and property. In such case, proceedings shall not be stayed
otherwise than by a restraining order, which may be granted by the board OF h Village
seeflsil-er-by a court of record on application, on notice to the officer from whom the
appeal is taken and on due cause shown.
Sec. 78-65. Powers and duties of board of adjustment and village council• u li
notice.
(a) The board of adjustment and the village council shall have the following powers in
regard to appeals and variances within their jurisdiction as defined under section 78-61:
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(1) Hear and decide appeals where it is alleged there is error in any order,
requirement, decision or determination made by an administrative official in the
enforcement of this chapter or of any ordinance adopted pursuant thereto.
(2) Authorize upon appeal application in specific cases such variance from the
terms of this chapter as will not be contrary to the public interest, where, owing to
special conditions, a literal enforcement of the provisions of this chapter will result in
unnecessary hardship. The power to grant any such variance shall be limited by and
contingent upon a finding by the board or council that:
a. Special conditions and circumstances exist which are peculiar to the land,
structure, or building involved and which are not applicable to other lands,
structures or buildings in the same zoning district.
b. The special conditions and circumstances do not result from the actions of
the applicant.
c. Granting the variance requested will not confer on the applicant any special
privilege that is denied by this chapter to other lands, buildings or structures in
the same zoning district.
d. Literal interpretation of the provisions of this chapter would deprive the
applicant of rights commonly enjoyed by other properties in the same zoning
district under the terms of this chapter and would work unnecessary and undue
hardship on the applicant.
e. The variance granted is the minimum variance that will make possible the
reasonable use of the land, building or structure.
f. The grant of the variance will be in harmony with the general intent and
purpose of this chapter and such variance will not be injurious to the area
involved or otherwise detrimental to the public welfare.
(b) In granting any variance, the board of adjustment or village council may prescribe
appropriate conditions and safeguards in conformity with this chapter and any other
ordinance enacted by the village council. Violation of such conditions and safeguards,
when made a part of the terms under which the variance is granted, shall be deemed a
violation of this chapter.
(c) In reviewing matters brought before it pursuant to the provisions of this article,
neither the board of adjustment nor the village council shall exercise authority or
jurisdiction over matters which are specifically reserved to other officers, boards or
agencies of the village. Where site plan review is necessitated pursuant to the
provisions of this chapter, no decision of the board of adjustment or the village council
with respect to a variance, or other matter, pertaining to the property in questions shall
obviate the necessity for such site plan review. Where a requested building permit has
been withheld by the building official for want of compliance with applicable laws and
ordinances beyond the jurisdiction of the board of adjustment or the village council, no
building permit shall be issued regardless of any decision of the board or village council
until the requirements of such laws and ordinances have been met.
(d) Under no circumstances shall the board of adjustment or the village council grant a
variance to permit a use not generally or by special exception permitted in the zoning
district involved or any use expressly or by implication prohibited by the terms of this
chapter in the zoning district. No nonconforming use of neighboring lands, structures, or
buildings in the same zoning district and no permitted use of lands, structures or
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buildings in other zoning districts shall be considered grounds for the authorization of a
variance.
(p) Notice of public hearing of the board of adiustment shall be advertised a minimum
of ten (10) days in advance of the public hearing in a newspaper of general circulation in
the area.
Sec. 78-66. Decisions; required vote; resubmission after denial.
In exercising the powers mentioned in section 78-65, the board of adjustment or
the village council may, in conformity with the provisions of this article, reverse or affirm,
wholly or partly, or may modify the order, requirement, decision or determination
appealed from and may make such order, requirement, decision or determination as
ought to be made, and to that end shall have all the powers of the officer from whom the
appeal is taken. The concurring vote of three members of the board of adjustment or the
village council shall be necessary to reverse any order, requirement, decision or
determination of any such administrative official, or to decide in favor of the applicant on
any matter upon which it is required to pass under this chapter, or to effect any variation
in this chapter. Any request denied by the board of adjustment or the village council
shall not be resubmitted for a period of 90 days after the date of denial.
Sec. 78-67. Appeal to circuit court.
Any person or persons ' aggrieved by any decision of the board
of adjustment or the village council under this article,, or antaxpayer, AP any effiGer,
depaFtment, board eF division of the goveming body of the village, may appeal such
decision in accordance with state law. present to , GiFG,,,+ ..OUFt petition setting
,
and suGh pFesentment shall be Fnade within 30 days of the filing of the deGi
Sec. 78-68. Time limitation on variances.
The board of adjustment or the village council may prescribe a reasonable time
limit within which the action for which the variance is required shall be begun or
completed or both. However, if no time limit is specified by the board of adiustment or
the village council, then the variance shall expire within six months from the date of
grant, unless a building permit based upon and incorporating the variance is issued
within the six-month period and construction has begun thereunder.
Sec. 78-69. Filing fee.
(a) Upon filing an application with the board of adjustment or the village council under
this article, the applicant shall pay a fee to the village at the time of filing of such
application. The fee shall be in an amount as set by resolution of the village council and
on file in the village clerk's office, shall not be reimbursable, and is intended to defray
the costs of administering, processing and reviewing the application.
(b) The building official may waive the filing fee when the applicant seeks a variance to
replace an existing screened swimming pool enclosure with a new screened swimming
pool enclosure having the same dimensions but a greater height than the existing
screened swimming pool enclosure.
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Secs. 78-70--78-90. Reserved.
Section 3: Chapter 78. Zoning. of the Code of Ordinances of the Village of
Tequesta is hereby amended at Article IX. Supplemental Regulations. Division 2. Site
Plan Review. by amending sections 78-331 and 78-334 to conform level of service
standards to the Village Comprehensive Plan and to provide for review by the Planning
and Zoning Advisory Board and revised notice requirements; providing that Article IX.
Supplemental Regulations. Division 2. Site Plan Review. shall hereafter read as follows:
ARTICLE IX. SUPPLEMENTAL REGULATIONS
DIVISION 2. SITE PLAN REVIEW
Sec. 78-331. Required; development standards; required facilities and
infrastructure.
By the terms of this chapter, all permitted uses in all zoning districts except R -1A and R-
1, all special exception uses as approved by the village council, all planned residential
development (PRD), planned commercial development (PCD), and planned mixed-use
development (PMUD), all miscellaneous development and redevelopment, all
subdivisions, and all uses or construction lying partially or entirely in special flood
hazard areas shall comply with the following:
(a) Site plan review is required.
(b) Conceptual review of the overall development, if phased, is required.
(c) The development shall conform to all minimum requirements of this chapter and
any other applicable laws and regulations.
(d) The development shall be compatible with the intent of the zoning district wherein it
is proposed to be located and compatible with adjacent land uses.
(e) No building permit shall be issued for the purpose of erecting any structure or
building, or for structural alterations in any existing structure or building, until after the
planning and zoning advisory board shall review and make recommendations to the
village council, and the village council shall have final authority to approve the site plan
in accordance with this section.
(f) No building permits or development orders shall be issued unless public facilities
and services which meet or exceed the adopted level of service standards are available
concurrent with the development impacts. Compliance with this requirement may be
accomplished through one or more or a combination of the following processes:
(1) Installation of all required public facilities/infrastructure/services prior to or
concurrent with the development impacts.
(2) Phasing of all required public facilities/infrastructure/services:
a. By local government (capital improvements element).
b. By the developer (development agreements).
(3) Phasing of the development.
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(g) All proposed development and or redevelopment shall be coordinated with and/or
obtain approvals and/or permits from the following agencies:
(1) Palm Beach County Health Department
(2) Palm Beach County Fire/Rescue (Fire Marshal).
(3) Loxahatchee River Environmental Control District (ENCON).
(4) Department of Environmental Resources Management (DERM).
(5) South Florida Water Management District (SFWMD).
(6) Florida Department of Transportation (FDOT).
(7) West Palm Beach Urban Area Transportation Study (WPBUATS).
(8) Metropolitan Planning Organization of Palm Beach County (MPO).
(9) Palm Beach County Traffic Engineering Division.
(10) Martin County Metropolitan Planning Organization.
(11) Martin County Traffic Engineering Department.
(12) Florida Power & Light Company.
(13) Southern Re" Telephone GerApany service purveyor.
(14) Solid waste purveyor.
(15) Tequesta Water Department.
(16) Other municipal, county, state and/or federal agencies as may be applicable.
Evidence of final acceptance by agencies listed in this subsection of the development or
redevelopment project must be submitted to the village prior to the issuance of
certificates of occupancy or of final acceptance by the village.
(h) All new development and/or redevelopment must provide the necessary
infrastructure to meet the following level of service standards. Each application
submitted pursuant to this section shall be required to provide a certification from a
licensed engineer in the state that the proposed development and/or redevelopment
meets or exceeds the level of service standards for the listed infrastructure as follows:
(1) Traffic (roads and rights-of-way).
TABLE INSET:
Roadway Type
(LOS)
Standard
(LOS)
Peak
Collector
C
D
(Except for Country Club Drive and Seabrook Road,
which shall be)
C
C
Urban minor arterials
C
D
Principal arterials
C
D
(2) Sanitary sewer.
TABLE INSET:
Category
Maximum Monthly Daily Flow
Maximum Daily Flow
(MMDF)
(MSF)
Residential
744 93 gallons/capita/day
7" 100
gallons/capita/day
Nonresidential 434 478 gallons/acre/day 4464.9 516
gallons/acre/day
(3) Drainage. A public drainage facilities level of service standard of a three-year
frequency, 24-hour duration storm event is hereby adopted, and shall be used as the
basis of estimating the availability of capacity and demand generated by a proposed
development project. As a general drainage requirement, each proposed project
and/or site must maintain 95 percent of all stormwater runoff on-site.
(4) Potable water. The following potable water level of service standards are
hereby adopted and shall be used as the basis for estimating the availability of
facility capacity and demand generated by a proposed development project:
a. Average day water consumption rate:
TABLE INSET:
Residential
2-36 120 gallons/capita/day
Nonresidential*
None estabtirhedilOS rtand-nrd s#a'�establishby 19
2020 gallons/acre/dav *includes irriaation.
b. Maximum day water consumption:
TABLE INSET:
Residential
354 180 gallons/capita/day
Nonresidential*
NeRe—establ+shed/b9S—standard—shall be established by 19
3030 gallons/acre/day *includes irrigation.
(5) Recreation level of service standards table.
TABLE INSET:
Classification
Area/Activity Standard
(unit/population)
Neighborhood parks
2 acres/1,000
Community parks
2 acres/1,000
Beaches
1 mile/31,250
Golf courses
9 holes/30,000
Tennis
1 court/2,500
Basketball
1 court/2,500
Baseball/softball
1 field/7,200
Football/soccer
1 field/4,800
Playground areas
1 acre/3,600
Beach access easements
1 per 1/2 mile of developed or redeveloped beach
E
frontage
(i) The development shall meet the requirements of the Year 2= 2015 Cost Feasible
Transportation Plan (WPBUATS).
(j) The development shall project for the reservation and preservation of existing and
future rights-of-way as may be determined by the village and in conformance with the
county and village right-of-way protection plan.
(k) Site plans shall be required which incorporate innovative urban, architectural,
and/or engineering design of impervious areas (e.g., parking lots) to maximize the
retention of rainfall to these areas which will increase the recharge of groundwater while
reducing stormwater runoff.
(1) All new developments shall be required to limit post -development surface water
runoff rates and volumes to predevelopment conditions.
(m) All proposed new development and major redevelopment within the coastal
building zone of the village must provide for the dedication of public access easements
meeting the adopted level of service standards.
(n) All proposed new development and major redevelopment, as part of the site plan
review and subdivision review process, shall submit a drainage/environmental
statement describing how the proposed development will affect the estuarine water
quality of the class III waters of the village, and also an environmental impact
assessment study prepared by a qualified ecologist or other professional qualified to do
such an assessment. The study shall meet the requirements of chapter 50, article II,
pertaining to environmentally sensitive lands.
(o) New development and redevelopment shall not be permitted within the coastal
high -hazard area of the village as defined in section 78-78A(a) 773except in
accordance with the mandates of Sec. 78-789and -there -shall -be-no-expenditur
(p) Notification of neighboring jurisdictions of any external impacts that a proposed
project might have within those jurisdictions and assessment and mitigation of those
impacts shall be required.
(q) Determination of needed public facility improvements shall be made during the site
plan and/or subdivision review process and prior to the issuance of a development order
and building permit.
(r) Stormwater management facilities including curbs, gutters, piping, culverts, ditches,
etc., shall be provided based on engineering calculations and design standards to
ensure that all drainage improvements are in conformance with chapter 74, article IV.
Sec. 78-332. Preapplication meeting.
A preapplication meeting called by the building official between appropriate village
officials, the landowner or representative, and other entity representatives deemed
appropriate shall be required prior to application submittal for site plan review to ensure
proper coordination, intention and understanding in the development of land and
buildings and to consider compliance with applicable village regulations. See section
78-331(7 g) for a list of possible preapplication meeting attendees. The applicant is
responsible for properly notifying the various affected agencies in the list of the time,
place and subject of the preapplication meeting.
(Code 1977, app. A, § X(M)(2))
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Sec. 78-333. Contents of application.
(a) Applications for site plan review shall be filed with the building official and shall
include those of the following information items that are applicable:
(1) Statements of unity of title, warranty deed, or purchase contract of the subject
property.
(2) Statement describing in detail the character and intended use of the property.
(3) General location map, showing relation of the site for which site plan approval is
sought to major streets, schools, existing utilities, shopping areas, important physical
features in and adjoining the project, and the like.
(4) twelve Fifteen copies of a site plan containing the title of the project and names
of the architect, engineer, project planner and/or developer, date, and north arrow,
and based on an exact survey of the property drawn to a scale of sufficient size to
show:
a. Boundaries of the project, any existing streets, buildings, watercourses, and
easements, and section lines.
b. Exact location, use, height, and bulk of all buildings and structures.
c. A comprehensive traffic study, which shall be provided by an engineering firm
mutually agreed upon by both the village and the applicant. The study shall
include but not be limited to access and traffic flow and volume, and how
vehicular traffic will be separated from pedestrian and other types of traffic. The
cost of this study shall be paid by the applicant.
d. Off-street parking and off-street loading areas.
e. Recreation facilities locations.
f. All screens and buffers.
g. Refuse collection areas.
h. Access to utilities and points of utilities hookups and location of all fire
hydrants close enough for fire protection.
i. Tabulations of total gross acreage in the project and the percentages thereof
proposed to be devoted to the various uses, ground coverage by structures and
impervious surface coverage.
j. Tabulations showing the derivation of numbers of off-street parking and off-
street loading spaces and total project density in dwelling units per acre, if
applicable.
(5) If common facilities (such as recreation areas or structures, common open
space, etc.) are to be provided for the development, statements as to how such
common facilities are to be provided and permanently maintained. Such statements
may take the form of proposed deed restrictions, deeds of trust, surety
arrangements, or other legal instruments providing adequate guarantee to the village
that such common facilities will not become a future liability for the village.
(6) Preliminary storm drainage and sanitary sewage plans or statements.
(7) Architectural elevations for buildings in the development, and exact number of
units, sizes and types, together with typical floor plans of each type.
(8) Landscaping plan, including types, sizes and locations of vegetation and
decorative shrubbery, and showing provisions for irrigation systems.
(9) Plans for signs, if any.
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(10) Plans for recreation facilities, if any, including buildings and structures for such
use.
(11) Plans for the extraction of fill and mineral resources and alterations or
modifications to the slope, elevation, drainage pattern, natural vegetation and
accessibility of the development.
(12) Such additional data, maps, plans or statements as may be required by the
village for the particular use or activity involved, including impacts on affected
community facilities and services created by the development.
(13) Such additional data as the applicant may believe is pertinent to the site plan.
(14) If development is to occur in phases, those phases should be clearly
delineated on the site plan and identified in the plans and requirements appurtenant
to that site plan, and each development phase shall be subject to site plan review by
the village.
(15) The substance of covenants, grants of easements or other restrictions
proposed to be imposed upon the use of the land, buildings and structures, including
proposed easements or grants for public utilities, if applicable.
(16) A statement from the applicant that the submitted site plan is consistent with
the goals, objectives, and all other provisions of the village comprehensive
development plan, and further that the projected use is specifically authorized by
development ordinances and regulations. The statement shall include, but not be
limited to, specific references to those sections of the comprehensive plan relating to
the proposed development.
(17) A statement from the applicant or landowner that all pertinent permits are
concurrently being sought from the applicable county, state, and federal agencies.
Such permits shall be secured prior to the issuance of a building permit for any
development on property included within the site plan.
(b) Items listed in subsection (a) of this section in the application content which require
the preparation of architectural or engineering drawings shall be prepared and certified
by an engineer or architect registered in the state. Land surveys, site plans and plans
and requirements appurtenant to site plans shall be prepared and certified by a
registered surveyor, engineer, architect or landscape architect, or a practicing land
planner, as may be appropriate to the particular item.
(c) Any item submitted as part of the application content which requires modification at
any time during the site plan review process by the village may be so modified without
resubmittal of an entirely new application; provided, however, that the modification is
approved by the building official and village council and is determined to be consistent
with the terms and intent of this section and the zoning district in which the site is
located.
Sec. 78-334. Application and review process.
Applications for site plan review shall adhere to the following procedures and
requirements:
(a) Preapplication meeting. A preapplication submittal meeting shall be held with the
applicant and his design team and the building official and his development staff.
(b) Review by building official. The building official shall review the submitted site plan,
and plans and requirements pertinent to the site plan, to ensure compliance with the
12
applicable site regulations, use regulations, parking regulations and all other technical
requirements. If the application is deemed by the building official to be at variance with
such regulations and requirements, further action on the site plan review shall be stayed
until such variance is resolved or appropriate application is made to the board of
adjustment or the village council, as appropriate. and fer the necessary
variance is granted in accordance with Article III of thisZoning Ordinance sit
with —site -plan -review. If the application is deemed by the building official to be in
compliance with such regulations and requirements, the application and all exhibits and
any additional comments of the building official and his development review staff
concerning such application shall be submitted by the building official to the tannin
and zoning advisory board village--ceunsil. The building official shall submit such
application for planning and zoning advisory board village-ses+l review within 45 days
of receipt of a completed the application. Within 45 days of review by the planning and
zoning advisory board, the building official shall then submit such application. including
the recommendations of the planning and zoning advisory board, for village council
review.
(c) Review by planning and zoning advisory board. Upon receipt of all required plans,
exhibits and support documents from the building official, including but not limited to_4-2
15 copies of a current survey, proposed site plan, landscape plan, site lighting plan,
building elevations, color renderings, color samples, roof material sample and any other
exhibits deemed appropriate by the building official and his development staff, the
planning and zoning advisory board shall hold a public hearing to review, consider and
make recommendations to the village council regarding the application. Notice of public
hearing shall be advertised a minimum of ten (10) days in advance of the public hearing
in a newspaper of general circulation in the area. The owner of the property for which
site plan review is sought or his agent or attorney designated by him on the submitted
application shall be-notified by mail of the date and time of the hearing.
dM Review by village council. Upon receipt of all required plans, exhibits and support
documents from the building official, including but not limited to 4-2 15 copies of a
current survey, proposed site plan, landscape plan, site lighting plan, building
elevations, color renderings, color samples, roof material sample and any other exhibits
deemed appropriate by the building official and his development staff, the village council
shall hold a public hearing to review, consider and act upon the application. Notice of
public hearing shall be advertised a minimum of ten (10) days in advance of the public
hearing in a newspaper of general circulation in the area. The owner of the property for
which site plan review is sought or his agent or attorney designated by him on the
submitted application shall be notified by mail of the date and time of the hearing.
Ue Action by village council. After review, the village council shall grant approval, with
conditions, or deny the application and direct the building official to approve or withhold
approval of the building permit.
(f Approval granted with conditions. When certain conditions are attached to the site
plan review, the conditions shall be stated in writing on a separate fGFM the order
ranting site plan review and shall become a part of the approved site plan. Pr*GF to the
af a building peFMit, the appliGaRt shall sign and date the form, indiGating
aGksewledgemeRt Of the GenditieRs.
13
JM Developer's agreement. The village council may require an applicant to enter into
a developer's agreement with the village if the village council deems such agreement
appropriate. If a developer's agreement is required of an applicant, it shall be set forth in
a recordable form, acceptable to the village attorney.
of the appliGatien and upon re i4nit. Gf all ree. but not lilmlited tee
12 GGPies of -:4 n-urrent suwey, proposed site plan, landaGape plan, site lighting plan ,
building elevations, GGleF renderiRgS, GGIGF samples, roof material sample and aRY Gthef
exhibits deemed appropFiate b�, F the building effiGial and his development staff, the
Gommun W-0- —i— and aGt upon the appliGatoon.
(8) E*ped4ed s& plan review. At the ,
application fee aSSOGiated therewith, On addition to all Fequir-ed submittals, iRGIUding but
ROt limited to 12 GGPies of a GurFent suFvey, pmpesed sate plan, Iandsrape plan, site
lighting plan, building elevations, GeleF FendeFiAgeq Geier samples, Mef mateFial sam
and any other exhibit-s c-IP-A-MA-c-i appropriate by the building effiGial and has developmen
staff, the - _ I II iRitiate an expedited sate plan ;ess wherein, within 30
GOFnFnun
Uh Time limit for application for building permit. A building permit must be applied der
issued within one year of the date of the site plan approval or the approval shall be
nullified. In the case of a site plan which provides for development phases over a period
of years, the village council shall set forth time within which application for building
permit on each phase shall be filed. If applications for building permits are not Ped
issued within these times, the approval shall terminate and be deemed null and void
unless such time period is extended for one more year only by the village council upon
written request of the applicant, submitted to the Village, prior to expiration of the site
plan.
fil Application fee.
(1) Administrative costs. To cover all administrative costs incurred by the village in
the site plan review process, the applicant shall, upon submittal of the application for
site plan review, pay a fee in an amount as established by resolution of the village
council and on file in the village clerk's office.
(2) Additional costs. To cover all additional administrative costs, actual or
anticipated, including, but not limited to, engineering fees, sit consulting
fees, attorneys' fees and special studies, the applicant shall compensate the village
for all such costs prior to the processing of the application, not later than 30 days
after final application approval, whichever is determined as appropriate by the
building official. Additional ^ssts- nay also apply the -expedited -site plan Feview
pFesess:
Secs. 78-335--78-360. Reserved.
Section 4: Chapter 78. Zoning. of the Code of Ordinances of the Village of
Tequesta is hereby amended at Article IX. Supplemental Regulations. Division 3.
14
Special Exception Uses. by amending section 78-368 to provide revised notice
requirements; providing that Article IX. Supplemental Regulations. Division 3. Special
Exception Uses. shall hereafter read as follows:
DIVISION 3. SPECIAL EXCEPTION USES
Sec. 78-361. Purpose.
The development and execution of a zoning ordinance is based upon the division of the
village into districts, within which the use of land and structures and the bulk and
location of structures in relation to the land are substantially uniform. It is recognized,
however, that there are certain uses and features which, because of their unique
characteristics, cannot be distinctly classified or regulated in a particular district without
consideration in each case of the impact of such uses and features upon neighboring
uses and the surrounding area, compared with the public need for them at particular
locations. Such uses and features are therefore treated as special exceptions. A special
exception is not the automatic right of any applicant.
Sec. 78-362. Criteria.
Special exception uses and their related accessory uses or any expansion,
enlargement, or modification of an existing special exception use shall be permitted only
upon authorization of the village council provided that such uses shall be found by the
village council to comply with the following requirements and other applicable
requirements as set forth in this chapter:
(a) The proposed use is a permitted special exception use.
(b) The use is so designed, located and proposed to be operated so that the public
health, safety, welfare and morals will be protected.
(c) The use will not cause substantial injury to the value of other property in the
neighborhood where it is to be located.
(d) The use will be compatible with adjoining development and the proposed character
of the district where it is to be located.
(e) Adequate landscaping and screening is provided as required in this chapter.
(f) Adequate off-street parking and loading is provided and ingress and egress is so
designed as to cause minimum interference with traffic on abutting streets.
(g) The use conforms with all applicable regulations governing the district where
located, except as may otherwise be determined for planned developments.
Sec. 78-363. Findings required for approval.
Before any special exception is granted, the village council shall apply the standards set
forth in this division and shall determine that satisfactory provision and arrangement of
the following factors have been met by the petitioner, where applicable:
(a) Compliance with all elements of the village comprehensive plan.
(b) Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and control,
and access in case of fire or catastrophe.
Wi
(c) Off-street parking and loading area, where required, with particular attention to the
items in subsection (b) of this section.
(d) Refuse and service areas, with particular reference to subsections (b) and (c) of
this section.
(e) Nuisance factors detrimental to adjacent and nearby properties and the village as a
whole. Nuisance factors shall include but not necessarily be limited to noise, odor,
smoke, glare, electrical interference and/or mechanical vibrations.
(f) Utilities, with reference to location, availability and compatibility.
(g) Screening and buffering, with reference to type, dimensions and character.
(h) Signs and proposed exterior lighting, with reference to glare, traffic safety,
economic effect and compatibility and harmony with properties in the district.
(i) Required yards and other open space.
(j) General compatibility with adjacent properties and other property in the district.
(k) Whether the change suggested is out of scale with the needs of the neighborhood
or the village.
(1) Any special requirements set out in the schedule of site regulations in section 78-
143 for the particular use involved.
Sec. 78-364. Imposition of additional conditions and safeguards.
In addition to the standards listed in section 78-363 and specific conditions listed for
each particular special exception listed within any particular zoning district, the village
council may impose other such conditions and safeguards as it deems appropriate in
conformity with this chapter for the protection of the surrounding properties and the
neighborhood or general welfare of the public.
Sec. 78-365. Denial.
Should the village council deny a special exception, it shall state fully for the record the
reasons for doing so. Such reasons shall take into account the factors under section 78-
363 and all other conditions and particular regulations relating to the specific special
exception requested.
Sec. 78-366. Reapplication after denial.
(a) Whenever the village council has denied an application for a special exception, the
village shall not thereafter consider any further application for special exception on any
part of or all of the same property for a period of 12 months from the date of such
action.
(b) The time limits of subsection (a) of this section may be waived by three affirmative
votes of the village council when such action is deemed necessary to prevent injustice
or to facilitate the proper development of the village.
Sec. 78-367. Time limit for commencement of use.
(a) A special exception shall commence within 12 months from the date of grant of the
special exception unless extended by action of the village council; otherwise itis
automatically rendered null and void.
(b) Commencement of a special exception occurs upon thef*'*Rg of an appliGation
issuance of a building permit, preliminary plat or site plan, or upon the initiation of
16
significant action to satisfy requirements for improvements contained in a development
order or other regulatory documents relating to the special exception.
(c) Only one extension shall be permitted by the Village Council and the extension
shall not exceed six months. A written request for such extension of time must be
received by the Village prior to the expiration of the grant of approval.
(d) Special exceptions granted to any governmental unit shall be exempt from the
provisions of this section unless a time limitation is made a specific condition of the
special exception.
Sec. 78-368. Application; notice of hearing.
(a) A written petition for special exception shall be submitted by neon eR the 16th of
the month nr nrovincreg dar business day indicating the section of this chapter under
which the special exception is sought and stating the grounds on which it is requested,
with particular reference to the written findings under section 78-363 and other specific
conditions, if applicable, which the village council shall address. The petition shall
include all material necessary to meet the requirements of the development concept
plan listed in subsection (b) of this section and any additional information that will
demonstrate that the grant of special exception will be in harmony with general intent
and purpose of this chapter.
(b) A petitioner seeking special exception approval shall submit a development
concept plan on one or more sheets of paper measuring not more than 24 by 36 inches
and drawn to a scale not smaller than 100 feet to the inch. The following shall be
provided on the development concept plan:
(1) Scale, date, north arrow, vicinity sketch, title of the project and total gross
acreage.
(2) The boundaries and dimensions of the property and its relationship to the
surrounding road system, including the width of the existing travelway (pavement).
(3) The location and dimension of existing manmade features such as existing
roads and structures, with indication as to which are to be removed, renovated or
altered.
(4) The location of existing easements, watercourses, section lines, and water and
sewer lines, well and septic tank location, and other existing important physical
features in and adjoining the project.
(5) The location and delineation of existing trees and information as to which trees
will be removed.
(6) Identification of surrounding land use, zoning and existing buildings within 100
feet of the petitioned site, as well as the zoning of the petitioned site.
(7) A layout of the proposed lots and/or building sites including the following site
data:
a. Finished floor elevation.
b. Common open area.
c. Generalized landscaping and buffer areas.
d. Internal circulation patterns including off-street parking and loading facilities.
e. Total project density.
f. Percentage of building coverage.
g. Percentage of impervious surface coverage.
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h. Percentage of open space areas.
i. The shape, size, location and height of all structures.
(8) A traffic impact analysis as may be required by the village or its designated
engineer including the following:
a. Future right-of-way dedications.
b. Intersection improvements.
c. Traffic control devices.
d. Traffic generation analysis.
e. Distribution and assignment of traffic.
f. Additional roadway needs.
(9) The proposed phasing of construction for the project if applicable.
(10) For commercial uses, office uses and uses other than residential, the
estimated square footage of the structure, the number of employees, the estimated
seating, and the estimated number of users of the facility, such as members,
students and patients.
(11) Proposed hours of operation for commercial uses.
(12) A drainage statement or drainage plan as may be required by the village or its
designated engineer.
(13) Size, location and orientation of signs.
(14) Proposed lighting of the premises.
(15) Ten aerial maps at a minimum scale of one inch equals 300 feet, showing the
site in question with paved boundaries superimposed.
(16) A legal description of the land proposed for development.
(c) The application shall be reviewed by the land development staff within 30 days of
the submission deadline. Upon land development staff review and analysis of all
submitted materials, the building official shall forward a recommendation to the village
council.
(d) A public hearing shall be held by the village council. The property owner may
appear personally or by agent or attorney.
(e) Notice of public hearing shall be advertised 16 and five a minimum often (10) days
in advance of the public hearing in a newspaper of general circulation in the area. The
owner of the property for which special exception is sought or his agent or attorney
designated by him on the submitted petition shall be notified by mail of the date and
time of the hearing. NetiGe shall be given by mail to all owneFS ' 'I , within a 300-
foot g i
us of the hondaF y lines of �speci
property for Whir -ph al exception is
requested. The list of pr-apeFty owneFs within the stated Fadius shall be provided by the
i
OffiGe. The appliGant must furnish an affidavit signed by the peFsen responsible fe
providing the Iict_ NOtiGe ofthe PUbI!G hearingall he prominently posted on the
0
failuFe to provide written nnflnp to any adja
property owneFS 611 -all. Rpt nens
notice has been published
Sec. 78-369. Filing fee.
18
Upon filing an application for special exception, the applicant shall pay a fee to the
village at the time of filing of such application. The fee shall be in an amount as
established by resolution of the village council and on file in the village clerk's office,
shall not be reimbursable, and is intended to defray costs of administering, processing,
and reviewing the application.
Secs. 78-370--78-390. Reserved.
Section 5: Chapter 78. Zoning. of the Code of Ordinances of the Village of
Tequesta is hereby amended at Article IX. Supplemental Regulations. Division 4.
landscaping. by amending section 78-393 to delete reference to the Community
Appearance Board; providing that Article IX. Supplemental Regulations. Division 4.
Landscaping. Section 78-393 shall hereafter read as follows:
DIVISION 4. LANDSCAPING
Sec. 78-393. Renovation of existing properties.
Whenever an existing structure is altered in any way, requiring approval of the
Gernmunity appearanGe board and/or village council, landscaping, if not in
accordance with present criteria requirements set forth in this division, shall be
upgraded by the responsible party to meet the requirements of this division, unless, in
the opinion of the village council, such upgrading is impractical or would result in undue
hardship. In this case, the village council reserves the right to waive such portions of the
criteria as it deems advisable.
Section 6: Chapter 78. Zoning. of the Code of Ordinances of the Village of
Tequesta is hereby amended at Article X. Off -Street and On -Street parking and
Loading Regulations. by amending section 78-705 to revise the requirements for
dwellings in certain circumstances providing that Section 78-705 shall hereafter read as
follows:
Sec. 78-705. Required number of parking spaces.
Certain of these requirements may be in conflict with the special parking
requirements set forth in the property development standards for use within the MU
mixed-use district. Where a conflict exists, the property development standards of the
MU district shall apply. There shall be provided at the time of the erection of any main
building or structure, or at the time that any main building or structure is enlarged by
more than 25 percent of the square footage of the existing building or structure, or
increased in capacity by adding dwelling units, guestrooms, floor area or seats,
19
minimum off-street motor vehicle parking space with adequate provisions for ingress
and egress by a motor vehicle, in accordance with the following:
(1) Adult congregate living facilities:
a. Adult congregate living facility: Two spaces for each dwelling unit or equivalent.
b. Extended care facility: Two spaces per four patient beds.
(2) Auditorium, stadium, assembly hall, cultural and civic center, gymnasium, theater,
community recreation center. One space per four fixed seats in largest assembly room
or area, or for each 40 square feet of floor area available for the accommodation of
movable seats in the largest assembly room, or one space per 150 square feet of gross
floor area, whichever is applicable to the facility.
(3) Automotive repair: Three spaces per service bay, if any, or one space per 100
square feet of gross floor area, whichever is greater.
(4) Bar and lounge: One space for each two seats provided for patron use as
established by the fire occupancy rating for the size and capacity of the establishment.
(5) Beauty shop, barbershop, and personal service: One space per 200 square feet of
gross floor area, or two spaces per barber chair or three spaces per beautician station,
based on the design capacity of the establishment.
(6) Business and professional service: One space per 300 square feet of gross
leasable area.
(7) Church/house of worship: One space per four seats, or one space per 30 square
feet of usable floor area of auditorium, whichever is greater.
(8) Dwellings:
a. Single-family: Two spaces per dwelling unit.
b. Two-family (duplex): Two spaces per dwelling unit.
c. Multiple -family: Two spaces per dwelling unit.
d. In the R-1 zoning district, a minimum of one required parking space must be
enclosed in a garage or carport. In the R -1A zoning district, a minimum of two required
parking space must be enclosed in a garage or carport.
(9) Financial institution: One space per 200 square feet of gross floor area, plus five
tandem waiting or loading spaces per drive-in lane.
(10) Full-service fuel station: Three spaces per service bay, or one space per 100
square feet of gross floor area, whichever is greater.
(11) Governmental office (other than post office): One space per 300 square feet of
gross floor area.
(12) Hotel. One space for each room or suite and one space for each employee on
the shift of greatest employment. (See subsection (2) of this section (auditorium, etc.)
for conference facilities, and see subsection (27) of this section (restaurants, standard)
for those accessory use parking space requirements.
(13) Indoor amusement. One space for each 200 square feet of gross floor area,
except for bowling alleys, which shall provide parking at the rate of five spaces for each
bowling lane.
(14) Laundromat and other self-service activity: One space for every 50 square feet of
gross floor area.
(15) Marina: 1 1/2 spaces for each boat slip.
(16) Medical and dental office or clinic: One space per 200 square feet of gross floor
area.
20
(17) Motor vehicle dealer. One parking space for each 200 square feet of floor area
devoted to sales, rentals, customer use, or employee office use, plus one parking space
for each 500 square feet of gross floor area within the service department.
(18) Museum, art gallery, and similar uses: One space per four seats in rooms for
public assembly or for each 200 square feet of gross floor area for use by the public,
whichever is greater.
(19) Police and fire stations: One space per 200 square feet of gross floor area.
(20) Post office: One space per 100 square feet of gross floor area.
(21) Private clubs, swim clubs and country clubs. One space per three persons of
maximum capacity of the facility as determined by its fire occupancy rating.
(22) Public library. One space per 300 square feet of gross floor area for public use.
(23) Public utility buildings: One space per 1,000 square feet of gross floor area plus
one space per 200 square feet of office or attendant area.
(24) Retail sales and service: One space per 250 square feet of gross floor area which
is devoted to sales, display and customer service.
(25) Restaurant (carryout or drive-in): One space per 100 square feet of that portion of
the gross floor area which is devoted to sales and customer service.
(26) Restaurants (fast food): One space per 50 square feet of gross floor area, or one
space per three seating accommodations, whichever is greater.
(27) Restaurants (standard): One space per three seating accommodations, or one
space per 100 square feet of gross floor area, whichever is greater.
(28) Schools:
a. Senior high, college and university: Two spaces per three teachers and employees
normally engaged in or about the building or grounds, plus one space per five students,
or one space for each 150 square feet of seating area, including aisles, in any
auditorium, gymnasium or cafeteria intended to be used as an auditorium, whichever is
greater.
b. Elementary and junior high: Three spaces per room used for administrative offices,
plus one space per room used for class instruction, plus one space for each six seats in
the auditorium and other places of assembly or facilities available to the public.
c. Trade and vocational: Five spaces per room used for administrative offices, plus one
space per room used for class instruction, plus one space for each five seats in the
auditorium and other places of assembly or facilities available to the public.
d. Day nursery, kindergarten, preschool, and day care center: Two parking spaces per
three teachers and employees normally engaged in or about the building or grounds,
plus one off-street loading space per eight pupils.
(29) Shopping centers. One space per 250 square feet of gross leasable area (GLA).
(30) Wholesale establishments: One space per 100 square feet of customer area plus
one space per 400 square feet of noncustomer area.
(31) Uses not specifically mentioned: For any use not specifically mentioned, off-street
parking requirements for a use which is mentioned and to which the such use is similar
shall apply.
(32) Mixed uses. In the case of mixed uses (exclusive of shopping centers), the total
requirement for off-street parking shall be the sum of the requirements of the various
uses computed separately.
21
Section 7: Each and every other section and subsection of Chapter 62
Planning and Development shall remain in full force and effect as previously enacted.
Section 8: All Ordinances or parts of Ordinances in conflict herewith be and
the same are hereby repealed.
Section 9: 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 10: Specific authority is hereby granted to codify this Ordinance.
Section 11: This Ordinance shall become effective immediately upon passage.
FIRST READING this 18th day of March, 2008.
SECOND AND FINAL READING this 10th day of April, 2008.
22