HomeMy WebLinkAboutDocumentation_Regular_Tab 09_04/12/2012 VILLAGE CLERK'S OFFICE
AGENDA ITEM TRANSMITTAL FORM
� Meeting Date: Meeting Type: Regular Ordinance #: 2-12
April 12, 2012
Consent Agenda: No Resolution #:
Originating Department: Community Development
AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
SECOND READING ORDINANCE NO. 2-12: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING. ARTICLE I.
IN GENERAL. SEC. 78-4. DEFINITIONS. BY CREATING AN ENTIRELY NEW DEFINITION FOR "PLACE OF
ASSEMBLY"; AND ARTICLE VI. SCHEDULE OF DISTRICT REGULATIONS. DIVISION 2. SCHEDULE OF USE
REGULATIONS. BY ADOPTING REGULATIONS FOR ASSEMBLY USES IN EACH OF THE VILLAGE'S VARIOUS
ZONING DISTRICTS; AND ARTICLE X. OFF-STREET AND ON-STREET PARKING AND LOADING REGULATIONS.
SEC. 78-705. REQUIRED NUMBER OF PARKING SPACES. BY ADOPTING PARKING REGULATIONS FOR
ASSEMBLY USES; AND ARTICLE XI. SIGNS. SEC. 78-740. GENERAL RESTRICTIONS; MAXIMUM SIZE AND
NUMBER OF SIGNS. BY ADOPTING SIGN REGULATIONS FOR ASSEMBLY USES IN RESIDENTIAL ZONES;
PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION 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.
BUDGET / FINANCIAL IMPACT:
• Account #: N/A Amount of this item:
Current Budgeted Amount Available: Amount Remaining after item:
Budget Transfer Required: No Appropriate Fund Balance: No
EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item)
As outlined below, it is proposed to amend Chapter 78 (Zoning) of the Village of Tequesta Code of Ordinance
to introduce the use "place of assembly'. The intent is to replace uses currently found in the Code such as
private clubs, churches, and similar uses. The proposed Code amendment will accomplish three purposes: 1)
to alleviate potential legal concerns regarding religious uses, which currently in all cases are required to obtain
discretionary Council approval through the Special Exception process; 2) to address uses with similar impacts
in a uniform fashion in the Code; and, 3) to provide standards for potential assembly uses that are not currently
specificall addressed in the Code.
APPROVALS: SI RE: "
Department Head � / ;
Finance Director
Reviewed for Financial Sufficiency ❑
No Financial Impact ■ ,,
Attorney: (for legal sufficiency)
Village Manager:
Submit for Council Discussion: Q�
Approve Item: ❑
Deny Item: �
•
� VILLAGE OF TEQUESTA
�
DEPARTMENT OF COMMUNITY DEVELOPMENT
Staff Report —Village Council Hearing — 4.12.12
Proposed Assembly Use Ordinance
1. BACKGROUND
As outlined below, it is proposed to amend Chapter 78 (Zoning) of the Village of Tequesta Code of Ordinance
to introduce the use "place of assembly". The intent is to replace uses currently found in the Code such as
private clubs, churches, and similar uses. The proposed Code amendment will accomplish three purposes: 1)
to alleviate potential legal concerns regarding religious uses, which currently in all cases are required to
obtain discretionary Council approval through the Special Exception process; 2) to address uses with similar
impacts in a uniform fashion in the Code; and, 3) to provide standards for potential assembly uses that are
not currently specifically addressed in the Code.
The Planning & Zoning Advisory Board sitting as the Local Planning Agency approved (voted 5-0) the
proposed Assembly Use Ordinance at the February 16, 2012 meeting.
2. PROPOSED DEFINITION
� "Place of assembly" means a building or portion of a buildin� in which facilities are provided for civic,
fraternal, educational, political, reli�ious, cultural, or social purposes.
3. EXISTING CODE PROVISIONS
There are three existing uses in the Village's Code that are proposed to be categorized under "p/ace of
assembly" use. These uses are analyzed below in terms of existing approval process, accessory uses, parking
and sign regulations.
3.1. Existing Uses and Approval Process
Table 1 presents existing uses per zoning district that would be categorized as "place of assembl�' per the
proposed definition, and its current approval process.
Table 1: Existin Use Provisions for Assembly Uses
Existing Uses/Zoning Districts R-1A R-1 R-2 R-3 C-1 C-2 C-3 R/OP MU
Churches SE SE SE SE SE SE
Private clubs SE SE SE SE
Cultural and Civic Centers P SE
P- Permitted uses. SE- Special Exception Uses.
1. Churches under the Special Exception procedure in the C-2 district are subject to the following conditions per
78-177(d)(15): minimum lot size of five acres, to be solely for the church use; the church shall be within a
freestanding building; and, churches are prohibited within retail facilities.
2. Special exceptions are required for all permitted and accessory uses in the R/OP district.
�
1 Village of Tequesta - Proposed Assembly Use Ordinance - Staff Report - Village Council Hearing.
� As seen in Table 1, all the assembly uses currently included in the Code are required to comply with the
Special Exception Use process. This process requires one additional layer of review and approval by the
Village Council.
3.2 Existing Accessory Use Provisions
The primary concern with accessory uses among assembly uses are with churches/houses of worship, as
currently those uses in the R-1A and R-1 zoning districts include the possibility of preschool facilities as an
accessory use. No accessory uses are mentioned for churches/houses of worship in the other zoning
districts.
3.3. Existing Parking Provisions
The following parking provisions for "place of assembly" uses are presented in Section 78-705. Required
number of parking spaces:
Section 78-705 (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."
Section 78-705 (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."
Section 78-705 (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".
3.4. Existing Sign Provisions
Code Section 78-740 (b) (6) provides the following special regulations for signs for "churches or synagogues"
located in residential districts or residential areas of the MU zoning district:
(b) Residential districts. Signs in residential districts, as well as the residential portions of mixed use
districts shall be subject to the following:
(6) Churches or synagogues located in residential districts shall be allowed signage as follows:
a. Freestanding sign: One freestanding sign shall be allowed, not to exceed 30 square feet in total
area, with a maximum height of seven feet above finish grade. The sign shall meet the setback
requirement of section 78-739. Up to 50 percent of the approved sign may be used as a changeable
letter reader sign. Any such freestanding sign shall be allowed only after review by the planning and
zoning advisory board and upon approval by the village council in accordance with the site plan
review process as established in article IX, division 2 of this chapter.
b. Wall sign: One wall-mounted sign per building shall be allowed, not to exceed 20 square feet
in total area, to be constructed using individual raised letters and/or a metal plaque type sign.
c. Monument sign: One ground-based monument sign shall be allowed, not to exceed 20 square
feet in area, with a maximum height of four feet above finish grade. The sign shall meet the setback
requirement of section 78-739. Any such monument sign shall be allowed only after review by the
planning and zoning advisory board and upon approval by the village council in accordance with the
site plan review process as established in article IX, division 2 of this chapter.
� d. (Multiple wall signs:] Multiple wall signs shall be allowed, providing that the total square foot
area does not exceed 20 square feet and the signs are uniform with respect to style, color and sign
material.
2 Village of Tequesta - Proposed Assembly Use Ordinance - Staff Report - Village Council Hearing.
� Code Sections 78-740 (c) and 78-741(b) refer to commercial districts (C-1, C-2, And C-3), and the commercial
portions of mixed use districts. These Sections do not include provisions for specific uses related to place of
assembly. In fact, Sections "Signs on buildings", and "Freestanding signs" state provisions only for Shopping
Centers and Establishments not in shopping centers.
4. DESCRIPTION OF PROPOSED CODE AMENDMENTS
The following proposed Code amendments are shown in underline °*��L°�� format. The amendments
would combine existing assembly uses currently addressed separately, or not at all, in the Code.
4.1. Proposed Definition
Place of assemblv means a buildin� or portion of a buildin� in which facilities are provided for civic fraternal
educational, political, reli�ious, cultural or social purposes.
4.2. Proposed Assembly Use Categories and Approval Process
Assembly Use categories are based on building capacity and square footage (15 Sq. Ft. per person). The
proposed breakdown for �� place of assembly" use by zoning district is presented in Table 2, and it is
described as follows: '
A. Places of assembly with a capacity of 50 or less (Max 750 Sq. Ft. Building) would be categorized as
follows:
- Special Exception Use in the Residential districts R-1A, and R-1.
- Permitted Use in R-2, R-3, G1, G2, C-3, R/OP, and MU.
� B. Places of assembly with a capacity of 51 to 100 (Max 1,500 Sq. Ft. Building) would be would be
categorized as follows:
- Special Exception Use in the Residential districts R-1A, R-1, R-2, R-3, and C-1,
- Permitted Use in C-2, C-3, R/OP, and MU.
C. Places of assembly with a capacity of 101 and more (Min. 1,515 Sq. Ft. Building) would be permitted
as a Special Exception Use in all the districts.
Table 2: Proaosed Categories for Assembly Uses
Category/Use Building R- R-1 R-2 R-3 C-1 C-2 C-3 MU R/OP
Sq. Ft. lA
Places of Assembly Max. 750 1 1 1 1 z
A Sq. Ft. SE SE P P P P P P P
(capacity 50 or less)
Places of Assembly Max. 1,500 1 1 1 1 2
B Sq. Ft. SE SE SE SE SE P P P P
(capacity 51 to 100J
Places of Assembly Min. 1,515
C (capacity 101 or Sq. Ft. SE SE SE SE SE SE SE SE P
moreJ
P- Permitted uses. SE- Special Exception Uses.
� Notes:
1. Place of Assembly shall be within a freestanding building in C C C and MU zoning districts.
2. Special exceptions are required for al! permitted and accessory uses in the R/OP district.
3 Village of Tequesta - Proposed Assembly Use Ordinance - Staff Report - Village Council Hearing.
� 4.3. Proposed Zoning Districts Amendments
Pursuant to provisions presented in Table 2, it is proposed to amend the Code zoning districts as follows:
Sec. 78-172. R-1A single-family dwelling district.
(dJ Special exception uses. Special exception uses in the R-1A district are as follows:
�1) r�� �.,.�e� _::+� ,. .,:+�„� �+ ., M i �., •i•+• SChOOIS �
.,..�......,� �„ � —
u�Publicly owned and operated community buildings.
(3) Places of assemblv (anv capacitv) subiect to the followin� conditions•
a. All presentations, and events shall be conducted entirelv within a buildin�
b. Accessorv uses shall include preschool and school facilities assemblv hall sanctuaries or similar
lar�e meetin� rooms. communitvi centers or fellowship halls administrative offices related to the
facilitv, retail use for merchandise related to the facilitv plav�round and athletic fields and rectorv or
similar residence for reli�ious officials, on-site caretaker limited to one dwellin� unit
/]1 D.7..-.+e!`I��6.�
[Sequential numbering adjusted accordingly]
Sec. 78-173. R-1 single-family dwelling district.
�
(d) Special exception uses. Special exception uses in the R-1 district are as follows:
�1) ��:�.��:°.. ..^.��: �. "+ crnTCi-acccvom7-prc�cnwi�acmcrcrSSC�'100�52i�f�
��Publicly owned and operated community buildings.
(3) Places of assemblv (anv capacitv) subiect to the followin� conditions:
a. All presentations, and events shall be conducted entirelv within a buildin�.
b. Accessorv uses shall include preschool and school facilities assemblv hall sanctuaries or similar
lar�e meetin� rooms, communitvi centers or fellowship halls administrative offices related to the
facility, retail use for merchandise related to the facilitv plav�round and athletic fields and rectorv or
similar residence for reli�ious officials, on-site caretaker limited to one dwellin� unit. �
[Sequential numbering adjusted accordingly]
Sec. 78-174. R-2 multiple-family dwelling district.
(bJ Permitted uses. Permitted uses in the R-2 district are as follows:
� Places of assemblv (capacitv 50 or less — Max. 750 Sa. Ft.) subiect to the followin� conditions:
a. All presentations. and events shall be conducted entirelv within a buildin�.
. b. Accessorv uses shall include preschool and school facilities assemblv hall sanctuaries or similar
large meetin� rooms, communitvi centers or fellowship halls administrative offices related to the
facilitv, retail use for merchandise related to the facilitv plav�round and athletic fields Rectorv or
similar residence for reli�ious officials. on-site caretaker, limited to one dwellin� unit.
4 Village of Tequesta - Proposed Assembly Use Ordinance - Staff Report - Village Council Hearing.
!
(dJ Special exception uses in the R-2 district are as follows:
(1) Places of Assemblv (caoacitv 51 or more —Min. 765 Sa. Ft.), subiect to the followin� conditions•
a. All presentations, and events shall be conducted entirelv within a buildin�
b. Accessorv uses shall include preschool and school facilities assemblv hall sanctuaries or similar
large meetin� rooms, communitvi centers or fellowship halls administrative offices related to the
facilitv, retail use for merchandise related to the facilitv plav�round and athletic fields and rectorv or
similar residence for reli�ious officials on-site caretaker limited to one dwellin� unit
(4) r"""""^°, �^�' �publicly owned and operated community buildings.
[Sequential numbers adjusted accordingly]
Sec. 78-175. R-3 multiple-family dwelling district.
(bJ Permitted uses. Permitted uses in the R-3 district are as follows:
� Places of assemblv (cauacitv 50 or less — Max 750 Sa Ft ) subiect to the followin� conditions•
a. All presentations, and events shall be conducted entirelv within a buildin�
b. Accessorv uses shall include preschool and school facilities assemblv hall sanctuaries or similar
� lar�e meetin� rooms. communitvi centers or fellowship halls administrative offices related to the
facilitv, retail use for merchandise related to the facilitv plav�round and athletic fields and rectorv or
similar residence for reli�ious officials on-site caretaker limited to one dwellin� unit
(dJ Special exception uses in the R-2 district are as follows:
(1) ��,�;�Schools and publicly owned and operated community buildings.
�) Places of Assemblv (caqacitv 51 or more —Min 765 Sa Ft 1 subiect to the followin� conditions•
a. All presentations, shows and events shall be conducted entirelv within a buildin�
b. Accessorv uses shall include preschool and school facilities assemblv hall sanctuaries or similar lar�e
meetin� rooms. communitvi centers or fellowship halls administrative offices related to the facilitv
retail use for merchandise related to the facilitv plav�round and athletic #ields Rectorv or similar
residence for reli ious officials on-site caretaker or the like limited to one er lace of assembl .
[Sequential numbers adjusted accordingly]
Sec. 78-176. C-1 neighborhood commercial district
(bJ Permitted uses. Permitted uses in the G1 district are as follows:
� Places of assemblv (capacitv 50 or less — Max. 750 Sa Ft ) subiect to the followin� conditions•
� a. Place of assemblv shall be within a freestandin� buildin�
b. All presentations. and events shall be conducted entirelv within a buildin�
5 Village of Tequesta - Proposed Assembfy Use Ordinance - Staff Report - Village Council Hearing.
� c. Accessorv uses shall include preschool and school facilities assemblv hall sanctuaries or similar
lar�e meetin� rooms. communitvi centers or fellowship halfs administrative offices related to the
facilitv, retail use for merchandise related to the facilitv plav�round and athletic fields
(dJ Special exception uses in the G1 district are as follows:
u Places of assemblv (caqacitv 51 or more —Min. 765 Sp. Ft) subiect to the followin� conditions•
a. Place of assemblv shall be within a freestandin� buildin�.
b. All presentations. and events shall be conducted entirelv within a buildin�
c. Accessorv uses shall include preschool and school facilities assemblv hall sanctuaries or similar
lar�e meetin� rooms, communitvi centers or fellowship halls administrative offices related to the
facilitv, retail use for merchandise related to the facilitv plav�round and athletic fields
Sec. 78-177. C-2 community commercial district.
(b) Permitted uses. Permitted uses in the C-2 district are as follows:
(1) Retail sales and services.
(2) Business services.
(3) Professional services.
� (4) Personal services.
(5) Restaurants.
(6) Bakery.
(7) Dry cleaning and laundry establishments.
(8) Place of Assemblv (capacitv 100 or less — Max. 1500 Sq Ft ) subiect to the followin� conditions•
a. Place of assemblv shall be within a freestandin� building.
b. All presentations. shows and events shall be conducted entirelv within a buildin�.
c. Accessorv uses shall include preschool and school facilities assemblv hall sanctuaries or similar
lar�e meetin� rooms, communitvi centers or fellowship halls administrative offices related to the
facility, retail use for merchandise related to the facilitv plav�round and athletic fields
(dJ Special exception uses. Special exception uses in the G2 district are as follows:
(1) Places of Assemblv (capacitv of 101 or more — Min 1.515 Sq. Ft.) subiect to the followin� conditions:
a. Place of assemblv shall be within a freestandin� buildin�.
b. All presentations, shows and events shall be conducted entirelv within a buildin�.
c. Accessorv uses shall include preschool and school facilities assemblv hall sanctuaries or similar
lar�e meetin� rooms, communitvi centers or fellowship halls administrative offices related to the
facility, retail use for merchandise related to the facilitv plav�round and athletic fields
[Sequential numbers adjusted accordingly]
/�1 Dr7....+�, nl� �6,�
� o CI� ..' f 'I'+'e L. 11 L. L.'L,'+ .J
.,. ... ��., i i �s� a' c Fri cic T.�iniixrvc
�,.�..,.. +.. +h�, ., r�l ..��hl'n
6 Village of Tequesta - Proposed Assembly Use Ordinance - Staff Report - Village Council Hearing.
�
1�r1 rM t, ��I,• ++ +t,., i�,ll.,,,,�.,,, �.,.,.J�+i�r�
�' .
. �
tl�:
� rh tie� ..�..ii �� ,. •+�;,, -, �..,e�+�..aa.,,�.���:l,�o.,�
� �..... _..__ ........ .,.. ......... .. .. -----.._- -o - -----
. . �
Sec. 78-178. C.3 general commercial districts
(b) Permitted uses. Permitted uses in the G3 district are as follows:
(17) Place of Assemblv Icapacitv 100 or less — Max 1,500 Sa Ft ) subiect to the followin� conditions:
a Place of assemblv shall be within a freestandin� buildin�.
b All presentations shows and events shall be conducted entirelv within a buildin�.
c Accessorv uses shall include preschool and school facilities assemblv hall sanctuaries or similar
large meeting rooms communitvi centers or fellowship halls administrative offices related to the
facilitv retail use for merchandise refated to the facilitv plav�round and athletic fields.
(d) Special exception uses. Special exception uses in the C-3 district are as follows:
� Places of Assemblv (capacitv of 101 or more — Min 1 515 Sq Ft.l subiect to the followin� conditions:
a. Place of assemblv shall be within a freestandin� building.
� b All presentations shows and events shall be conducted entirelv within a building.
d Accessorv uses shall include preschool and school facilities assemblv hall, sanctuaries or similar
lar�e meetin� rooms communitvi centers or fellowship halls administrative offices related to the
facilitv retail use for merchandise related to the facilitv plaY�round and athletic fields.
[Sequential numbers adjusted accordingly]
1�1 0.-;..�+e �I��M�
�. Clee..G...r F.,�.ili+i�+.- . L.e ..r.,h�h:fcrL
Sec. 78-179. R/OP recreation/open space district
(b) Permitted uses. Permitted uses in the R/OP district are as follows:
(1) Places of Assemblv (anv capacitvl subiect to the followin� conditions:
a Atl presentations shows and events shall be conducted entirelv within a buildin�.
b Accessory uses shall include preschool and school facilities assemblv hall sanctuaries or similar
lar�e meetin� rooms communitvi centers or feUowship halls administrative offices related to the
facilitv retail use for merchandise related to the facilitv plav�round and athletic fields.
«� r��i+��r�i �.,.� �c.,o,. �e..+or�
(d) Special exception uses. Special exceptions are required for all permitted and accessory uses in the RJOP
district.
�
7 Village of Tequesta - Proposed Assembly Use Ordinance - Staff Report - Village Council Hearing.
� Sec. 78-180. MU mixed-use district.
(h) Permitted uses. Permitted uses in the mixed-use district are as follows:
(10) Place of Assemblv (capacitv 100 or less — Max.1500 Sct. Ft.l subiect to the followin� conditions:
a Place of assemblv shall be within a freestandin� buildin�.
b All presentations shows and events shall be conducted entirelv within a buildin�.
c Accessorv uses shall include preschool and school facilities assemblv hall sanctuaries or similar
lar�e meetin� rooms communitvi centers or fellowship halls administrative offices related to the
facilitv retail use for merchandise related to the facilitv plav�round and athletic fields, and rectorv or
similar residence for reli�ious officials on-site caretaker limited to one dwellin� unit.
(i) Special exception uses. Specia/ exception uses in the mixed-use district are as follows:
(3) Places of Assemblv (capacitv of 101 or more — Min 1515 Sq Ft.) subiect to the followin� conditions_
a Place of assembly shall be within a freestandin� buildin�.
b All presentations shows and events sha11 be conducted entiretv within a building.
c Accessonr uses shall include preschool and school facitities assemblv hall, sanctuaries or similar
lar�e meeting rooms communitvi centers or fellowship halls administrative offices related to the
facilitv retail use for merchandise related to the facilitv plaV�round and athletic fields, and rectorv or
� similar residence for reli�ious officials on-site caretaker limited to one dwel{in� unit.
ini �:. ../���i+��.-�v�.,�+�+��+c,,.,�� „ro�
/1l1� Dri..++c� /"I��h�
4.4. Proposed Parking Amendment
Sec. 78-705. Required number of parking spaces.
, , � , , ,
. �
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f .. ..J'+i+.i.�..n ..�Minh..vn.- ic'r e�+or_
i '
i '
F-..�•I'+, �.- .Ja+., .,.J h.. i+r fim r�r__n�-'—'^—"'�� .
....� .-.. .....�.........'__ ._� "_ "' _ ___'_r�_ - v
(2) Place of assemblv The number of reauired parkin� spaces shall be calculated bv One space for each 50
sauare feet of floor area Shared parkin� a�reement can be applied to 30 percent of total parkin�
� reauirement.
[Sequential numbers adjusted accordingly]
g Village of Tequesta - Proposed Assembly Use Ordinance - Staff Report - Village Council Hearing.
� 4.5. Proposed Sign Code Amendment
Sec. 78-740. General restrictions; maximum size and number of signs.
(b) Residential districts. Signs in residential districts, as well as the residential portions of mixed use
districts shall be subject to the following:
(6) ��-�"^° ^- �.,^�^^^,�°� places of assemblv located in residential districts shall be allowed signage as
follows:
a. Freestanding sign: One freestanding sign shall be allowed, not to exceed 30 square feet in total
area, with a maximum height of seven feet above finish grade. The sign shall meet the setback
requirement of section 78-739. Up to 50 percent of the approved sign may be used as a
changeable letter reader sign. Any such freestanding sign shall be allowed only after review by
the planning and zoning advisory board and upon approval by the village council in accordance
with the site plan review process as established in article IX, division 2 of this chapter.
b. Wall sign: 9r�e �Wall-mounted sign(1 ���shall be allowed, not to exceed 20 square feet
in total area, to be constructed using individual raised letters and/or a metal plaque type sign.
c. . ,
, .
�
d � .
.
m �
Code Sections 78-740 (c) and 78-741 (b) refer to commercial districts (C-1, C-2, And C-3), and the commercial
portions of mixed use districts. These Sections do not include provisions for specific uses related to place of
assembly. In fact, Sections "Signs on buildings", and "Freestanding signs" state provisions only for Shopping
Centers and Establishments not in shopping centers. These Code Sections will not be amended by this proposal.
5. FINAL REMARKS
• The proposed Assembly Use Ordinance (Ordinance 2-12) met the requirements set on Florida
Statutes 166.041(3)(c)2 Procedures for adoption of ordinances and resolutions.
• The notice of hearing will be advertised on March 1, 2012.
Attachments:
1. Ordinance 2-12.
i
9 Village of Tequesta - Proposed Assembly Use Ordinance - Staff Report - Village Council Hearing.
� ORDINANCE NO. 2-12
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 78. ZONING. ARTICLE I. IN GENERAL.
SEC. 78-4. DEFINITIONS. BY CREATING AN ENTIRELY NEW
DEFINITION FOR "PLACE OF ASSEMBLY"; AND ARTICLE VI.
SCHEDULE OF DISTRICT REGULATIONS. DIVISION 2. SCHEDULE
OF USE REGULATIONS. BY ADOPTING REGULATIONS FOR
ASSEMBLY USES IN EACH OF THE VILLAGE'S VARIOUS ZONING
DISTRICTS; AND ARTICLE X. OFF-STREET AND ON-STREET
PARKING AND LOADING REGULATIONS. SEC. 78-705. REQUIRED
NUMBER OF PARKING SPACES. BY ADOPTING PARKING
REGULATIONS FOR ASSEMBLY USES; AND ARTICLE XI. SIGNS.
SEC. 78-740. GENERAL RESTRICTIONS; MAXIMUM SIZE AND
NUMBER OF SIGNS. BY ADOPTING SIGN REGULATIONS FOR
ASSEMBLY USES IN RESIDENTIAL ZONES; PROVIDING THAT
EACH AND EVERY OTHER SECTION AND SUBSECTION 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, Village of Tequesta zoning use regulations do not currently provide for
"places of assembly"; and
WHEREAS, Village of Tequesta zoning use regulations relative to certain church uses
require updating and revision in order to be in compliance with certain federal legal
requirements; and
WHEREAS, Village planning staff has reviewed the Village's current zoning code as
well as federal legal requirements that pertain to religious uses, and has prepared the following
code amendments to provide for "places of assembly" as a recognized use in the Village of
Tequesta in conformance with applicable federal legal requirements; and
WHEREAS, the Village Planning & Zoning Advisory Board, sitting as the Loca1
Planning Agency has reviewed the following code amendments in a properly noticed public
hearing; and
WHEREAS, the Village Council desires to adopt the following code amendments in
order to update the Village's zoning code and comply with all applicable federal legal
� requirements; and
1
� WHEREAS, the Village Council believes the adoption of the code amendments
contained in this ordinance will be in the best interests of the Village of Tequesta, and will
promote the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article I. In General. Sec. 78-4. Definitions. by creating an entirely new
definition for "Place of Assembly" to be inserted alphabetically into the existing list of
definitions; providing that this definition shall hereafter read as follows:
Section 78-4. Definitions
Place o assemblv means a buildin�. nortion of a buildin� or other site in or at which facilities
are nrovided for civic. fraternal. educationa.l. nolitical. reli�ious. cultural or social nurnoses. As
set forth more fullv in Article VI. Schedule of District ReQUlations. Division 2. Schedule of Use
� Re�ulations. nlaces of assemblv are �enerallv bermissible throu�hout the Villa�e nursuant to the
followin� table:
P aces of Assemblv Table
Use Canacitv B 1 l t R-lA R�- $-2 � C-1 C-2 ���/OP
Places ofAssemblv Max. 750
A canacilv 50 or Sa_Ft• SE SE P p p P P P P
less
Places ofAssemblv Max. 1.500
B canacitv 51 to Sa_Ft• SE SE SE SE SE P P P P
1 � _ _ _ _ _ _ _ _ _
Places ofAssemblv in. 1 515
C canacitv 101 or Sa• Ft• SE SE SE SE SE SE SE SE P
more
P- Permitted uses SE- Snecial Excention Uses
Notes:
1. lace of Assemblv shall be within a senarate free tandine h�.�ild'ne in C-1 G2 C-3 and MU zoninQ di trict
2. Snecial excentions aze reauired for all nermitted and acce orv u e in the OP di trict
�
2
� Section 2: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article VI. Schedule of District Regulations. Division 2. Schedule of Use
Regulations. Sec. 78-172. R-lA single family dwelling district. by providing regulations for
places of assembly in this zoning district; providing that Sec. 78-172 shall hereafter read as
follows:
Sec. 78-172. R-lA Single family dwelling district.
(a) Purpose. [This paragraph sha11 remain in full force and effect as previously enacted.]
(b) Permitted uses. [This paragraph shall remain in full force and effect as previously enacted.]
(c) Accessory uses. [This paxagraph shall remain in full force and effect as previously enacted.]
(d) Special exception uses. Special exception uses in the R-lA district are as follows:
(1) �e�es—�r��e�ti�e�•�e�Je�=e��e��uc�1���Schools and publicly
owned and operated community buildings.
(2) [This paragraph shall remain in full force and effect as previously enacted.]
(3) Places of assemblv (anv canacitvl, subiect to the_foZ�owin� conditions:
a. All nresentations and events shall be conducted entirelv within a buildinE.
b. Allowed accessorv uses are: nreschool and school facilities. assemblv halls.
sanctu ies or similar meetin� rooms. communitvi centers or fellowshin halls,
administrative offices related to the facilitv. eift shons for merchandise related to
� the facilitv. blav�rounds and athletic fields. and rectorv or similar residence for
reli�ious officials or on-site caretakers. limited to one dwellin� unit.
n�;.,.,�o �i„i.�
(4) [This paragraph shall rernain in full force and effect as previously enacted.]
(5) [This paragraph shall remain in full force and effect as previously enacted.]
(6) [This paragraph shall remain in full force and effect as previously enacted.]
(7) [This paragraph shall remain in full force and effect as previously enacted.]
(e) Prohibited uses and structures. [This paragraph shall remain in full force and effect as
previously enacted.]
Section 3: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article VI. Schedule of District Regulations. Division 2. Schedule of Use
Regulations. Sec. 78-173. R-1 single family dwelling district. by providing regulations for places
of assembly in this zoning district; providing that Sec. 78-173 shall hereafter read as follows:
Sec. 78-173. R-1 Single family dwelling district.
(a) Purpose. [This paragraph shall remain in full force and effect as previously enacted.]
(b) Permitted uses. [This paragraph shall remain in full force and effect as previously enacted.]
(c) Accessory uses. [This paragraph sha11 remain in full force and effect as previously enacted.]
(d) Special exception uses. Special exception uses in the R-1 district are as follows:
�1� r�.,,,.,.�,o� .,,;+�. ,.,..,,;+�.,,,,� .,,,,,o��,,,K. �,.o�„�,,,,,� � •�•+;o�� �Schools and
� .,...,...,...,� ...�.� .,. ...�. -
publicly owned and operated community buildings.
3
� (2) [This paragraph shall remain in fixll force and effect as previously enacted.]
(3) [This paragraph shall remain in full force and effect as previously enacted.]
(4) [This paragraph sha11 remain in full force and effect as previously enacted.]
(5) [This paragraph shall remain in full force and effect as previously enacted.]
(6) [This paragraph shall remain in full force and effect as previously enacted.]
(7) Places of assembl anv canacitvl. subiect to th� followin� conditions:
a. All nresenta.tions and events shall be conducted entirelv within a buildin�.
b. Allowed accessorv uses are• nreschool and school facilities assemblv halls
sanctuaries or similar meetin� rooms. communitvi centers or fellowshin halls.
administrative offices related to the facilitv. �ift shons for merchandise related to
the facilitv. nlav�rounds and athletic fields. and rectorv or similar residence for
reli�ious officials or on-site caretakers. limited to one dwellin� unit.
(e) Prohibited uses and structures. [This paragraph shall remain in full force and effect as
previously enacted.]
Section 4: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article VI. Schedule of District Regulations. Division 2. Schedule of Use
Regulations. Sec. 78-174. R-2 multiple-family dwelling district. by providing regulations for
places of assembly in this zoning district; providing that Sec. 78-174 sha11 hereafter read as
• follows:
Sec. 78-174. R-2 Multiple-family dwelling district.
(a) Purpose. [This paragraph shall remain in full force and effect as previously enacted.]
(b) Permitted uses. Permitted uses in the R-2 district are as follows:
(1) [This paragraph shall remain in full force and effect as previously enacted.]
(2) [This paragraph sha11 remain in full force and effect as previously enacted.]
(3) [This paragraph shall remain in full force and effect as previously enacted.]
(41 Places of assemblv (canacitv 50 or less. 750 sa. ft. or lessl. subiect to the followin�
conditions:
a. All nresentations and events sha11 be conducted entirelv within a buildin�.
b. Allowed accessorv uses are: nreschool and school facilities. assemblv halls.
sanctuaries or similar meetin� rooms, communitvi centers or fellowshib halls,
administrative offices related to the facilitv. �ift shons for merchandise related to
the facilitv, nlav�rounds and athletic fields. and rectorv or similar residence for
reli�ious officials or on-site caretakers. limited to one dwellin� unit.
(c) Accessory uses. [This paragraph shall remain in full force and effect as previously enacted.]
(d) Special exception uses. Special exception uses in the R-2 district are as follows:
(1) [This paragraph shall remain in full force and effect as previously enacted.]
(2) [This paragraph shall remain in full force and effect as previously enacted.]
(3) [This paragraph shall remain in full force and effect as previously enacted.]
(4) Publicly owned and operated community buildings.
� (5) [This paragraph shall remain in full force and effect as previously enacted.]
(6) [This paragraph shall remain in full force and effect as previously enacted.]
4
. (7) [This paragraph shall remain in full force and effect as previously enacted.]
(8) [This paragraph shall remain in full force and effect as previously enacted.]
(9) [This paragraph shall remain in full force and effect as previously enacted.]
(10) [This paragraph shall remain in full force and effect as previously enacted.]
11 Places of assemblv (canacitv 51 or more. 765 sa. ft. or morel. subiect to the
followin� conditions:
a. All nresentations and events shall be conducted entirelv within a buildin�
b. Allowed accessorv uses are: nreschool and school facilities. assemblv halls
sanctuaries or similar meetin� rooms. communitvi centers or fellowshin halls.
administrative offices related to the facilitv eift shons for merchandise related to
the facilitv, nlav�rounds and athletic fields. and rectorv or similar residence for
reli�ious officials or on-site_caretakers. limited to one dwellin� unit.
(e) Prohibited uses and structures. [This paragraph shall remain in full force and effect as
previously enacted.]
Section 5: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article VI. Schedule of District Regulations. Division 2. Schedule of Use
Regulations. Sec. 78-175. R-3 multiple-family dwelling district. by providing regulations for
places of assembly in this zoning district; providing that Sec. 78-175 shall hereafter read as
. follows:
Sec. 78-175. R-3 Multiple-family dwelling district.
(a) Purpose. [This paragraph shall remain in full force and effect as previously enacted.J
(b) Permitted uses. Permitted uses in the R-3 district are as follows:
�1 Multifamily dwellings.
21 Places of assemblv (canacitv 50 or less. 750 sa. ft. or lessl. subiect to the followin�
conditions:
a. All nresentations and events shall be conducted entirelv within a buildin�.
b. Allowed accessorv uses are: nreschool and school facilities. assemblv halls.
sanctuaries or similar meetin� rooms. communitvi centers or fellowshin halls
administrative offices related to the facilitv �ift shons for merchandise related to
the facilitv. nlav�rounds and athletic fields. and rectorv or similar residence for
reli ious officials or on-site caretakers limited to one dwellins unit
(c) Accessory uses. [This paragraph shall remain in full force and effect as previously enacted.]
(d) Special exception uses. Special exception uses in the R-3 district are as follows:
(1) �����v���Schools and publicly owned and operated community buildings.
(2) [This paragraph shall remain in full force and effect as previously enacted.]
(3) [This paragraph shall remain in full force and effect as previously enacted.]
(4) [This paragraph shall remain in full force and effect as previously enacted.]
(5) [This paragraph shall remain in full force and effect as previously enacted.]
(6) [This paragraph shall remain in full force and effect as previously enacted.]
� (7) [This paragraph shall remain in full force and effect as previously enacted.]
5
� (81 Places of assemblv (canacitv 51 or more. 765 sa. ft. or morel_ subiect to the followin�
conditions:
a. All nresentations and events shall be conducted entirelv within a buildin�
b. Allowed accessorv uses are• nreschool and chool facilities assemblv halls
sanctuaries or similar meetin rooms communitvi centers or fellowshin halls
administrative offices related to the facilitv �ift shons for merchandise related to
the facilitv, nlav�rounds � d athletic fields. and rectorv or similar residence for
reli�ious officials or on-site caretakers. limited to one dwellin� unit_
(e) Prohibited uses and structures. [This paragraph shall remain in full force and effect as
previously enacted.]
Section 6: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article VI. Schedule of District Regulations. Division 2. Schedule of Use
Regulations. Sec. 78-176. C-1 neighborhood commercial district. by providing regulations for
places of assembly in this zoning district; providing that Sec. 78-176 shall hereafter read as
follows:
Sec. 78-176. C-1 Neighborhood commercial district.
(a) Purpose. [This paragraph shall remain in full force and effect as previously enacted.]
� (b) Permitted uses. Permitted uses in the C-1 district are as follows:
(1) [This paragraph shall remain in full force and effect as previously enacted.]
(2) [This paragraph shall remain in full force and effect as previously enacted.]
(3) [This paragraph shall remain in full force and effect as previously enacted.]
(4) [This paragraph shall remain in full force and effect as previously enacted.]
(5) [This paragraph shall remain in full force and effect as previously enacted.]
(6) [This paragraph shall remain in full force and effect as previously enacted.]
L71 Places of assemblv (canacitv 50 or less 750 sa ft ar lessl subiect to the followin�
conditions:
a. All nresentations and events shall be conducted entirelv within a buildin�
b. Allowed accessorv uses are• nreschool and school facilities assemblv halls
sanctuaries or similar meetin� rooms communitvi centers or fellowshin halls
administrative offices related to the facilitv ift shous for merchandise related to
the facilitv, nlaverounds and athletic fields.
(c) Accessory uses. [This paragraph shall remain in full force and effect as previously enacted.]
(d) Special exception uses. Special exception uses in the C-1 district are as follows:
(1) [This paragraph shall remain in full force and effect as previously enacted.]
(2) [This paragraph shall remain in full force and effect as previously enacted.]
(3) [This paragraph shall remain in full force and effect as previously enacted.]
(4) [This paragraph shall remain in full force and effect as previously enacted.]
L51 Places of assemblv (cauacitv 51 or more 765 sa ft or morel subiect to the followin�
conditions:
� a. All nresentations and events shall be conducted entirelv within a buildin�.
6
� b. Allowed accessorv uses are: nreschool and school facilities. assemblv halls
sanctuaries or similar meetin� rooms communitvi centers or fellowshin halls
administrative offices related to the facilitv �ift shons for merchandise related to
the facilitv, nlavgrounds and athletic fields.
(e) Prohibited uses and structures. [This paragraph shall remain in full force and effect as
previously enacted.]
Section 7: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article VI. Schedule of District Regulations. Division 2. Schedule of Use
Regulations. Sec. 78-177. C-2 community commercial district. by providing regulations for
places of assembly in this zoning district; providing that Sec. 78-177 shall hereafter read as
follows:
Sec. 78-177. C-2 Community commercial district.
(a) Purpose. [This paragraph shall remain in full force and effect as previously enacted.]
(b) Permitted uses. Permitted uses in the C-2 district are as follows:
(1) [This paragraph shall remain in full force and effect as previously enacted.]
(2) [This paragraph shall remain in full force and effect as previously enacted.]
(3) [This paragraph shall remain in full force and effect as previously enacted.]
. (4) [This paragraph shall remain in full force and effect as previously enacted.]
(5) [This paragraph shall remain in full force and effect as previously enacted.]
(6) [This paragraph shall remain in full force and effect as previously enacted.]
(7) [This paragraph shall remain in full force and effect as previously enacted.]
(81 Places of assemblv (canacitv 100 or less. 1.500 sa. ft. or lessl. subiect to the followin�
conditions:
a. All nresentations and events shall be conducted entirelv within a building.
b. Allowed accessorv uses are: nreschool and school facilities, assemblv halls.
sanctuaries or similar meetin� rooms. communitvi centers or fellowshin halls
administrative offices related to the facilitv. �ift shons for merchandise related to
the facilitv. nlav�rounds and athletic fields.
(c) Accessory uses. [This paragraph shall remain in full force and effect as previously enacted.]
(d) Special exception uses. Special exception uses in the C-2 district are as follows:
(1) [This paragraph shall remain in full force and effect as previously enacted.]
(2) [This paragraph shall remain in full force and effect as previously enacted.]
(3) [This paragraph shall remain in full force and effect as previously enacted.]
(4) [This paragraph shall remain in full force and effect as previously enacted.]
(5) [This paragraph shail remain in full force and effect as previously enacted.]
(6) [This paragraph shall remain in full force and effect as previously enacted.]
(7) [This paragraph shall remain in full force and effect as previously enacted.]
(8) [This paragraph shall remain in full force and effect as previously enacted.]
(9) D~;. �'„�� Reserved.
� cioor;,,,, � ,,;�;�;o., ��.,,i� �.o ,.,.,,�,;i.;�oa
�. .,��
7
� �►--&�e�is���e�a�e�€e�e-�e�€r�e�����—��-�--a
} ,, o .,a ,,,,+ ,, o � +i, i �.i•
(10) [This paragraph shall remain in full force and effect as previously enacted.]
(11) [This paragraph shall remain in full force and effect as previously enacted.]
(12) [This paragraph shall remain in full force and effect as previously enacted.]
(13) [This paragraph shall remain in full force and effect as previously enacted.]
(14) [This paragraph shall remain in full force and effect as previously enacted.]
�is� ��.,, „�.o� �„�.•o„++ +�, � ii a•+• .
,..:,,...,�, ����„
a� e�i--�.rl�-,'c.. � t�319--�v�v
+l, o,.o„ F+„ 1.0 � 1, t,
avvi �v vv avr v1zuZ�plrT�J�i,
�. (�L...vi.�.o�+ nti.n�� ti.o . n41.�« n�-.�uu n4nr.a�... ti. ��a�
V • t a1a,�i Jll{All
� ) 7
«o4n.� � i.;�.4..
1 �i GQ1TZUpirl'C, :
Places of assemblv (canacitv 101 or more 1 515 sa ft or morel subiect to e followin�
conditions:
a. All nresentations and events shall be conducted entirelv within a buildin�.
b. Allowed accessorv uses are• nreschool and school facilities assemblv halls
sanctuaries or similar meetin� rooms communitvi centers or fellowshin halls
administrative offices related to the facilitv �ift shons or merchandise related to
the facilitv, nlav�rounds and athletic fields.
(16) [This paragraph shall remain in full force and effect as previously enacted.]
(17) [This paragraph shall remain in full force and effect as previously enacted.]
, (18) [This paragraph shall remain in full force and effect as previously enacted.]
(19) [This paragraph shall remain in full force and effect as previously enacted.]
(e) Prohibited uses and structures. [This paragraph shall remain in full force and effect as
previously enacted.]
(� Property development regulations (see also table inset in section 78-143). [This paragraph
shall remain in full force and effect as previously enacted.]
Section 8: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article VI. Schedule of District Regulations. Division 2. Schedule of Use
Regulations. Sec. 78-178. C-3 general commercial district. by providing regulations for places of
assembly in this zoning district; providing that Sec. 78-178 shall hereafter read as follows:
Sec. 78-178. C-3 General commercial district.
(a) Purpose. [This paragraph shall remain in full force and effect as previously enacted.]
(b) Permitted uses. Permitted uses in the C-3 district are as follows:
(1) [This paragraph shall remain in full force and effect as previously enacted.]
(2) [This paragraph shall remain in full force and effect as previously enacted.]
(3) [This paragraph shall remain in full force and effect as previously enacted.]
(4) [This paragraph shall remain in full force and effect as previously enacted.]
(5) [This paragraph sha11 remain in full force and effect as previously enacted.]
• (6) [This paragraph shall remain in full force and effect as previously enacted.]
(7) [This paragraph shall remain in full force and effect as previously enacted.]
8
� (8) [This paragraph shall remain in full force and effect as previously enacted.]
(9) [This paragraph shall remain in full force and effect as previously enacted.]
(10) [This paragraph shall remain in full force and effect as previously enacted.]
(11) [This paragraph shall remain in full force and effect as previously enacted.]
(12) [This paragraph shall remain in full force and effect as previously enacted.]
(13) [This paragraph shall remain in full force and effect as previously enacted.]
(14) [This paragraph shall remain in full force and effect as previously enacted.]
(15) [This paragraph shall remain in full force and effect as previously enacted.]
(16) [This paragraph shal� remain in full force and effect as previously enacted.]
(171 Places of assemblv (canacitv 100 or less. 1.500 sa. ft. or lessl. subiect to the
followin conditions:
a. All nresentations and events shall be conducted entirelv within a buildin�.
b. Allowed accessorv uses are: nreschool and school facilities. assemblv halls
sanctuaxies or similar meetin� rooms corrL unitvi centers or fellowshin halls
admini trative offices related to the facilitv �ift shons for merchandise related to
the facilitv nlavgrounds and athletic fields
(c) Accessory uses. [This paragraph sha11 remain in full force and effect as previously enacted.]
(d) Special exception uses. Special exception uses in the C-3 district are as follows:
(1) [This paragraph shall remain in full force and effect as previously enacted.]
(2\ D«;.,.,�o ..1„1.�.
� J
�,cioo,.;,,,. � ,.;i;*;o� ..�,,,�i �.o �,.,,�,;i..;+oa
�. ._ -...___...�o .
• b--S�r-�s�.,��.�'�-eper-�e�€e��e�e�-e€-�ex� �. a .�
h:.�Ea::��� ^ ru �„� „ � �„ +�,o ,. „i i.i•
Places of assemblv (canacitv 101 or more. 1.515 sa. ft. or morel. subiect to the followins
conditions:
a. All resentations and events shall be conducted entirelv within a buildin�
b. Allowed accessorv uses are: nreschool and school facilities, assemblv halls
sanctuaries or simil meeting rooms communitvi centers or fellowshin halls
administrative offices related to the facilitv �ift shons for merchandise related to
the facilitv. nlav�rounds and athletic fields.
(3) [This paxagraph shall remain in full force and effect as previously enacted.]
(4) [This paragraph shall remain in full force and effect as previously enacted.]
(5) [This paragraph shall remain in full force and effect as previously enacted.]
(6) [This paragraph shall remain in full force and effect as previously enacted.]
(7) [This paragraph shall remain in full force and effect as previously enacted.]
(8) [This paragraph shall remain in full force and effect as previously enacted.]
(9) [This paragraph shall remain in full force and effect as previously enacted.]
(10) [This paragraph shall remain in full force and effect as previously enacted.]
(e) Prohibited uses and structures. [This paragraph shall remain in full force and effect as
previously enacted.]
Section 9: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article VI. Schedule of District Regulations. Division 2. Schedule of Use
• Regulations. Sec. 78-179. R/OP recreation/open space district. by providing regulations for
9
• places of assembly in this zoning district; providing that Sec. 78-172 shall hereafter read as
follows:
Sec. 78-179. R/OP Recreation/open space district.
(a) Purpose. [This paragraph shall remain in full force and effect as previously enacted.]
(b) Permitted uses. Permitted uses in the R/OP district are as follows:
(1) [This paragraph shall remain in full force and effect as previously enacted.]
(2) [This paragraph shall remain in full force and effect as previously enacted.]
�3� �,,,�,,,.,,, ,,.,,a „ o„�o,.�
P aces of assemblv (anv cabacitvl. subiect to the followin� conditions:
a. All nresentations and events shall be conducted entirelv within a buildin�.
b. Allowed accessorv uses are: nreschool and school facilities. assemblv halls.
sanctuaries or similar meetin� rooms. communitvi centers or fellowshin ha11s.
administrative offices related to the facilitv. �ift shons for merchandise related to
the facilitv, nlav�rounds and athletic fields.
(4) [This paragraph shall remain in full force and effect as previously enacted.]
(5) [This paragraph shall remain in full force and effect as previously enacted.]
(6) [This paragraph shall remain in full force and effect as previously enacted.]
(c) Accessory uses. [This paragraph shall remain in full force and effect as previously enacted.]
(d) Special exception uses. [This paragraph shall remain in full force and effect as previously
enacted.]
� (e) Prohibited uses and structures. [This paragraph shall remain in full force and effect as
previously enacted.]
Section 10: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article VI. Schedule of District Regulations. Division 2. Schedule of Use
Regulations. Sec. 78-180. MU mixed use district. by providing regulations for places of
assembly in this zoning district; providing that Sec. 78-180 shall hereafter read as follows:
Sec. 78-180. MU Miated-use district.
(a) Purpose. [This paragraph shall remain in full force and effect as previously enacted.]
(b) Applicability of development regulations to mixed-use development. [This paragraph shall
remain in full force and effect as previously enacted.]
(c) Conflicts with other regulations. [This paragraph shall remain in full force and effect as
previously enacted.]
(d) General requirements and special regulations. [This paragraph shall remain in full force and
effect as previously enacted.]
(e) Site plan review. [This paragraph shall remain in full force and effect as previously enacted.]
(� Urban design principles. [This paragraph shall remain in full force and effect as previously
enacted.] •
(g) Urban design objectives. [This paragraph shall remain in full force and effect as previously
• enacted.]
(h) Permitted uses. Permitted uses in the mixed-use district are as follows:
(1) [This paragraph shall rema.in in full force and effect as previously enacted.]
10
� (2) [This paxagraph shall remain in full force and effect as previously enacted.]
(3) [This paragraph shall remain in full force and effect as previously enacted.]
(4) [This paragraph shall remain in full force and effect as previously enacted.]
(5) [This paragraph shall remain in full force and effect as previously enacted.J
(6) [This paragraph shall remain in full force and effect as previously enacted.]
(7) [This paragraph shall remain in full force and effect as previously enacted.]
(8) [This paragraph shall remain in full force and effect as previously enacted.]
(9) [This paragraph shall remain in full force and effect as previously enacted.]
(101 Places of assemblv (canacitv 100 or less. 1,500 sa. ft. or lessl. subiect to the
, followin� conditions:
a. All nresenta.tions and events shall be conducted entirelv within a buildin�.
b. Allowed accessorv uses are: nreschool and school facilities. assemblv halls,
sanctuaries or similar meetin� rooms, communitvi centers or fellowshin halls.
administrative offices related to the facilitv �ift shons for merchandise related to
the facilitv, nlav�rounds and_athletic fields. and rectorv or similar residence for
reli ious officials or on-site caretakers. limited to one dwellin� unit.
(i) Special exception uses. Special exception uses in the mixed-use district are as follows:
(1) [This paragraph shall remain in full force and effect as previously enacted.]
(2) [This paragraph shall remain in full force and effect as previously enacted.]
�3� v� ,,.,.,�n.,,,,,�o „�.,,,,,.��,;� Reserved
�4� r:.,;,.i,,,,�+,,,.,,ti;,,�+;+„+;,.r.,i , o
• Places of assemblv (canacitv 101 or more. 1.515 sa. ft. or morel. subiect to the followin�
conditions:
a. All nresentations and events shall be conducted entirelv within a building.
b. Allowed aecessorv uses are: nreschool and school facilities. assemblv halls
sanctuaries or similar meetin� rooms. communitvi centers or fellowshin halls
administrative offices related to the facilitv �ift shons for merchandise related to
the facilitv, nlavsrounds and athletic fields. and rectorv or similar residence for
reli ious officials or on-site caretakers. limited to one dwellin� unit.
(5) [This paragraph shall remain in full force and effect as previously enacted.]
(6) [This paragraph shall remain in full force and effect as previously enacted.]
(7) [This paragraph shall remain in full force and effect as previously enacted.]
(8) [This paragraph shall remain in full force and effect as previously enacted.]
(9) [This paragraph shall remain in full force and effect as previously enacted.]
(10) Dr�•°�*° �'��'�� Reserved.
(11) [This paragraph shall remain in full force and effect as previously enacted.]
(12) [This paragraph shall remain in full force and effect as previously enacted.]
(13) [This paragraph shall remain in full force and effect as previously enacted.]
(14) [This paragraph sha11 remain in full force and effect as previously enacted.]
(15) [This paragraph shall remain in full force and effect as previously enacted.]
(16) [This paragraph shall remain in full force and effect as previously enacted.]
(j) Accessory uses. [This paragraph shall remain in full force and effect as previously enacted.]
(k) Planned mixed-use development required. [This paragraph shall remain in full force and
effect as previously enacted.]
• (1) Prohibited uses. [This paragraph shall remain in full force and effect as previously enacted.]
11
r (m) Property development standards. [This paragraph shall remain in full force and effect as
previously enacted.]
Section 11: 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. Sec.
78-705. Required number of parking spaces. by adopting parking requirements for all places of
assembly; providing that Sec. 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, minimum off-street motor vehicle parking space with adequate provisions for
ingress and egress by a motor vehicle, in accordance with the following:
(1) [This paragraph shall remain in full force and effect as previously enacted.]
(2) � , , , � ,
•
,
, �
�vircii�vvi l;i..,i,lo 4„�iic°-r�'ac��:-k".
J
Place of assemblv' One sbace ►aer 50 sauare feet of floor area. Shared narkin� can be
applied to a maximum of 30% of the total narkin� reauirement.
(3) —(6) [These paragraphs shall remain in full force and effect as previously enacted.]
(7) . �
�� fl � a•* ,�• ��. : ^r��*� Reserved
� a
(8) —(20) [These paragraphs shall remain in full force and effect as previously enacted.]
���� � Reserved
(22) —(33) [These paragraphs shall remain in full force and effect as previously enacted.]
Section 12: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article XI. Signs. Sec. 78-740. General restrictions; maximum size and
number of signs. by adopting sign requirements for places of assembly in all residential districts
(including the residential portion of the mixed-use district); providing that Sec. 78-740 shall
hereafter read as follows:
• Sec. 78-740. - General restrictions; maximum size and number of signs.
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� The restrictions and maximum size of the signs in areas of the village shall be as
follows:
(a) Off-premises signs. [This paragraph shall remain in full force and effect as
previously enacted.]
(b) Residential districts. Signs in residential districts, as well as the residential portions
of mixed use districts shall be subject to the following:
(1) [This paragraph shall remain in full force and effect as previously enacted.]
(2)[This paragraph shall remain in full force and effect as previously enacted.]
(3)[This paragraph shall remain in full force and effect as previously enacted.]
(4)[This paragraph shall remain in full force and effect as previously enacted.]
(5) [This paragraph shall remain in full force and effect as previously enacted.]
(6) �:�u..;'�°� �� °.����-��-„°� places of assemblv located in residential districts
shall be allowed signage as follows:
a. Freestanding sign: [This paragraph shall remain in full force and
effect as previously enacted.]
b. Wall sign: 9�-�Wall-mounted signs �e�� shall be allowed,
not to exceed 20 square feet in total area, to be constructed using
individual raised letters and/or a metal plaque type sign.
i, o�+ � ��.�ii i, ii a
. �34Lf194E�4� c va�
„� +„ o oa �n � o � o� ; ,;�t, „ .,, �.o:,,�,+ ,.� � ,,,. � o�
r.,< <� �n,, o„� .
• �A�'�n �� sr�l�ii"�-cxri nrc@��e-�C-1f�2��Ei�2�?z'--^v�r
S�E�6�?---i�+� 2 aiivw2�-vi�crr�ccr
, L.., �L.o ,�1,,.,,,;,,�. �,,,a � �.7.,;�(.,-., L,.,�,-.a �„!] , .,l 1,.,
..°,�':�..�• vy si
�3�0 �'�i 1i3--c'�EE�E�-���3—�3(,' -S}t� ,,1 � �
0���1,1;�L.o,a ; �,-r;..lo TV .�;.,;�;�.,, 7 ..f'*L,;� ..1,.,.,�o«
wca � .
7
����e+^� � . °^� � a �n � � a ��,o
cliiur�r66 rirF ���Xc�crzv�uai c.�c°cr-cciicrciro
�rg�-�e-�i€e�-�-}�=��eE��e �� „�,,,. ,,,,a � „�o,.;„i
�
(c) Commercial districts. [This paragraph shall remain in full force and effect as
previously enacted.]
Section 13: Each and every other section and subsection of Chapter 78. Zoning. shall
remain in full force and effect as previously enacted.
Section 14: All Ordinances or parts of Ordinances in conflict herewith be and the same
are hereby repealed.
Section 15: 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.
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• Section 16: Specific authority is hereby granted to codify this Ordinance.
Section 17: This Ordinance shall become effective immediately upon passage.
•
•
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