HomeMy WebLinkAboutDocumentation_Local Planning Agency_Tab 04_08/16/2012 ORDINANCE NO. 14-12
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING. ARTICLE IX.
SUPLEMENTAL REGULATIONS. AT DIVISION 1. GENERALLY. BY
UPDATING THIS DIVISION TO ADD REGULATIONS REGARDING
FINISHED FLOOR ELEVATION, THE USE OF ENERGY SAVINGS
DEVICES, HOME OCCUPATIONS, MANUFACTURED HOUSING AND
THE PLACEMENT AND SCREENING OF EMERGENCY GENERATORS
AND OTHER MECHANICAL EQUIPMENT, AND BY REMOVING
REFERENCES TO BROADCAST AND RECEIVING ANTENNA
REGULATIONS AND SATELLITE DISH REGULATIONS FOR RE-
LOCATION 1N DIVISION 5; FURTHER AMENDING CHAPTER 78.
ZONING. ARTICLE IX. SUPLEMENTAL REGULATIONS. AT DIVISION 5.
WIRELESS TELECOMMUNICATION TOWERS AND ANTENNAS. BY
UPDATING THIS DIVISION TO RE-LOCATE CERTAIN REGULATIONS
REGARDING BROADCAST AND RECEIVING ANTENNA AND
SATELLITE DISHES FROM DIVISION 1 TO DIVISION 5, BY REVISING
THIS DIVISION TO CORRECT CERTAIN INTERNAL INCONSISTENCIES,
AND BY RE-NAMING THIS DIVISION ACCORDINGLY; 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, the Village Council of the Village of Tequesta, Florida, desires to amend
Chapter 78. Zoning. Article IX. Supplemental Regulations. Division 1. Generally, by updating
this division to add regulations regarding finished flaor elevation, the use of energy savings
devices, home occupations, manufactured housing and the placement and screening of
emergency generators and other mechanical equipment, and by removing references to broadcast
and receiving antenna regulations and satellite dish regulations for re-location in Division 5; and
WHEREAS, the Village Council of the Village of Tequesta, Florida, desires to amend
Chapter 78. Zoning. Article IX. Supplemental Regulations. Division 5. Wireless
Telecommunication Towers and Antennas. by updating this division to re-locate certain
regulations regarding broadcast and receiving antenna and satellite dishes from Division 1 to
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Division 5; by revising this division to correct certain internal inconsistencies, and by re-naming
this division accordingly; and
WHEREAS, the Village Council believes this amendment to its Code of Ordinances is in
the best interests of the citizens of the Village of Tequesta.
NOW, THEREFORE, BE IT ORDAlNED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section 1: Chapter 78. Zoning. Article IX. Supplemental Regulations. Division 1.
Generally. of the Code of Ordinances of the Village of Tequesta is hereby amended by updating
this division to add regulations regarding finished floor elevation, the use of energy savings
devices, home occupations, manufactured housing and the placement and screening of
emergency generators and other mechanical equipment, and by removing references to broadcast
and receiving antenna regulations and satellite dish regulations for re-location in Division 5;
providing that Chapter 78. Zoning. Article IX. Supplemental Regulations. Division 1. Generally.
shall hereafter read as follows:
ARTICLE IX. SUPLEMENTAL REGULATIONS
DIVISION 1. - GENERALLY
Sec. 78-281. - Applicabilitv.
Sec. 78-282. - Structures exempt from hei�ht limitations.
Sec 78-283 — Finish floor elevation re�ulations'� a + ° "'�+°""°° °"`�
Sec. 78-284. - Walls and fences.
Sec 78-285 — Clotheslines and other ener�v savin� devices based on renewable resources.
Sec 78-286. - Stands for commercial purposes in park areas.
Sec. 78-287. - Coastal construction.
Sec. 78-288. - Recreation space.
Sec. 78-289. - Location of accessorv buildin�s.
Sec 78-290. - Commercial activit in noncommercial districts.
Sec. 78-291. - Timeshare uses.
Sec. 78-292. - Manufactured housin�.
Sec 78-293 - Health care facilities and professional medical or dental offices.
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Sec. 78-294. - Nuisances.
Sec 78-295. - Unenclosed uses in commercial districts; awnin�s and other projections over
sidewalk or required yard area.
Sec. 78-296. - Full-service fuel stations or �as stations.
Sec. 78-297. - Automotive repair establishments.
Sec. 78-298. - Establishments selling intoxicatin beverages.
Sec. 78-299. – Location and screenin� of emer�encv �enerators, air conditioners, nool eauinment
and similar mechanical eauinment ��e�lzt��e�e���z� H°��°+°m° °^a
°��.
Sec. 78-300. - Location and screening of dumpsters.
Sec. 78-301. - Rec�clable materials facilities for multifamilv dwellin u�
Sec. 78-302. - Under round utilit service.
Sec. 78-303. - Visibilitv triangles.
Sec. 78-304. - LP tank sales.
Secs. 78-305-78-330. - Reserved.
Sec. 78-281. - Applicability.
The district regulations of this chapter shall be subject to the provisions and exemptions
in this article.
Sec. 78-282. - Structures exempt from height limitations.
Chimneys, water tanks, elevator lofts, church spires, flagpoles, parapet walls and turrets
may, at the discretion of the village council exercised durin� site nlan review, be erected above
the height limits established by this chapter.
Sec. 78-283. – Finish floor elevation re�ulations R �' �+ "+°""°° °"`�
(al The minimum lowest floor elevation for all new construction and substantial
imnrovements to existin� structures not located in a snecial flood hazard area shall be 18
inches above the crown of the adiacent roadwav.
(bl The minimum lowest floor elevation for all new construction and substantial
imnrovements to existin� structures that are located in a snecial flood hazard area shall be
nursuant to the nrovisions of Chabter 78. Article XII Flood Dama�e Prevention.
(cl The floor elevation for anv renair. reconstruction, rehabilitation. addition or other
imnrovement to a structu which is not a substantial imbrovement shall match the floor
elevation of the existin� structure.
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dl Nothin� contained in this section is intended to abro�ate anv reauirements of
Article XII Flood Damage Prevention. To the extent that there are conflictin� annlicable
reauirements contained therein. the more restrictive shall abnlv.
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Sec. 78-284. - Walls and fences.
(a) Walls and fences may be erected or maintained within or adjacent to a property
line to a height not exceeding six feet. No wall or fence shall be permitted to extend
forward of the adjacent or nearest portion of the building front, regardless of the actual,
allowed building setback line, on any lot or parcel (see Fig. a), except for lots or parcels
located along and fronting upon County Club Drive, where walls not exceeding five feet
in height may be located forward of the front building line. Fences associated only with
accessory structures may be permitted if such fences are screened from public view with
a hedge of not less than six feet in height nor more than eight feet in height. However, if a
wall, fence, or living hedge is erected or located on a corner lot or a double frontage lot, a
vehicular and pedestrian visibility triangle of a size and dimension which complies with
the current traffic engineering standards of the American Association of State Highway
and Transportation Officials (AASHTO) and the county shall be provided for in both
directions from the intersecting point of property lines. The maximum height of any wall,
fence or hedge within the visibility triangle. as defined at Sec. 78-303. shall be two and
one-half feet.
(b) Notwithstanding the above, entry features consisting of masonry columns not
exceeding six feet in height, with or without gates, are not deemed to be walls or fences
and are specifically allowed in the R-lA and R-1 zoning districts and in the residential
areas within a mixed use development located in the MU zoning district. Such entry
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features must be compatible with the architecture of the residence and the streetscape,
must be set back a minimum of ten feet from the edge of the road pavement or the lot
side of any sidewalk, must pr•ovide a minimum clear width of 12 feet for access by
emergency vehicles, and shall not be located in the village right-of-way. Gates, if any,
must swing inward or slide to the side to prevent obstructions to the roadway or sidewalk.
A building permit and approval by the planning and zoning board in accordance with
these regulations is required prior to the commencement of construction.
Figure a.
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Sec. 78-285. — Clotheslines and other energ� savin� devices based on renewable resources.
All clotheslines solar collectors or other tvpes of ener�v savin� devices based on
renewable t•esources shall be installed in locations which shall not be conspicuous from the
public streets or from adjoining properties. Patio or porch railings may not be used as
clotheslines. Clotheslines extending from second or higher floors of buildings are prohibited
unless such clotheslines are properly screened fi•om the public streets and fi•om adjoining
property. Fences or walls for the enclosure of clothes drying areas or other ener�v savin� devices
may be erected to a maximum height of six feet ��-��; provided, however, such construction
is approved in advance by the appropriate authot•ities as to location on the property, the size of
the area to be enclosed, and the height of the fence or wall.
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Sec. 78-286. - Stands for commercial purposes in park areas.
Individual s�tands or open counters for the serving of food or beverages or other
commercial purposes may be erected or permitted in landscaped public park areas after approval
by the village council. Such stands or open counters used in association with Villase snonsored
events such as Green Market or Teauesta Fest shall be annroved throueh the narks and recreation
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Sec. 78-287. - Coastal construction.
Construction in coastal areas of the village must comply with all of the a nl��
provisions of the flood dama�e nrevention ^��°*�' ^^��+M code of the village set forth in
article XII, d��is�e�� of this chapter and any applicable coastal construction controls or
regulations as established by the state, and the construction control line established by the state
bureau of beaches and shores, which ordinance or its successor shall prevail in the absence of a
conflicting village ordinance.
Sec. 78-288. - Recreation space.
In multiple residential developments where eight or more dwelling units are in one or
more structures under single ownership, there shall be provided recreation space and/or facilities
at the rate of 150 square feet per dwelling unit. Such required space may be either within the
principal structure, in an accessory structure, outside, or in any combination thereof.
Sec. 78-289. - Location of accessory buildings.
(a) No accessory structure ��g, except as otherwise provided by this chapter,
shall be located in the area between the front setback line of the nrincinal �ve�xg
structure and the street line.
(b) Where the accessory structure � is attached to the principal structure
�r�rg or connected thereto by a breezeway, the side yard shall be measured from the
outer wall thereof.
Sec. 78-290. - Commercial activity in noncommercial districts.
No business or profession, professional or otherwise, shall be carried on in any
noncommercial zoning district of the village. This restriction shall not be anblicable to home
occunations allowed nursuant to Division 7 of this Article.
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Sec. 78-291. - Timeshare uses.
No timesharing uses of any nature as defined by this chapter shall be permitted anywhere
within the village.
Sec. 78-292. - Manufactured housing.
�' * � � �° �°.�:�� � � f ��??���� �Manufactured housing must comnlv
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with the same aesthetic reauirements as an v other structure or buildin� in anv zonin� district �s
�i� throughout the village.
Sec. 78-293. - Health care facilities and professional medical or dental offices.
(a) Health care facilities and medical or dental offices shall be subject to the
following regulations: On-site dispensing of controlled substances that are identified in
Schedule II, III, IV of F.S. § 893.03, or controlled substances that are identified in F.S. §
893.035 or 893.0356, is strictly prohibited, unless otherwise expressly permitted by
statutory or general law. However, the following are exempt from this prohibition:
(1) A health care practitioner when administering a controlled substance
directly to a patient if the amount of the controlled substance is adequate to treat
the patient during that particular treatment session.
(2) A pharmacist or health care practitioner when administering a controlled
substance to a patient or resident receiving care as a patient at a hospital, nursing
home, ambulatory surgical center, hospice, or intermediate care facility for the
developmentally disabled which is licensed by the state.
(3) A health care practitioner when administering a controlled substance in the
emergency room of a licensed hospital.
(4) A health care practitioner when adminzstering or dispensing a controlled
substance to a person under the age of 16.
(5) A health care practitioner when dispensing a one-time, 72-hour emergency
resupply of a controlled substance to a patient.
(b) Additionally, the health care practitioner responsible for the operation or
supervision of any medical or dental office shall execute an affidavit acknowledging the
regulations set forth hereinabove prior to payment of the required business tax, and
annually thereafter upon renewal of same prior to the issuance of a business tax receipt.
Failure or refusal to execute the required affidavit shall constitute prima facie evidence
that the subject medi�al or dental office is operating in violation of the code of
ordinances, which may result in code enforcement action, revocation of business tax
receipt, and/or any other actions permitted by law.
Sec. 78-294. - Nuisances.
No use shall be made of any property within any zo� district that shall in any way be
offensive or noxious by reason of the emission of any discharge, odor, gas, dust, smoke,
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vibration or noise; nor shall any vehicle be parked or used in any way that would constitute a
nuisance; nor shall anything be constructed or maintained that would in any way constitute a
nuisance to adjacent property owners, residents or the community. Each use shall be operated so
as to lessen the damage from fire and explosion.
Sec. 78-295. - Unenclosed uses in commercial districts; awnings and other projections over
sidewalk or required yard area.
The following are conditions of operation for all permitted uses, accessory uses, and
special exceptions in C-1, C-2, C-3, and the commercial portions of mixed nse zoning districts:
(1) Enclosure of uses. All commercial uses shall be operated entirely within enclosed
buildings except for the following uses:
a. Off-street loading;
b. Automobile parking, and the fuel sales and dispensing facilities of full-
service fuel stations or gas stations;
c. Sidewalk cafes;
d. Drive-in, drive-through, or walk-up service window facilities, i.e.,
laundry, dry cleaning, and banking facilities;
e. Pre-bagged ice;
f. LP tank sales, in accordance with the restrictions and requirements of
section 78-304
(2) Projections over sidewalk or required yard area. Cornices, solid canopies, or
architectural features may extend 48 inches over the sidewalk or required yard area,
provided it shall have nine feet of vertical clearance between any solid construction and
the sidewalk or yard. Marquees or canvas-covered fireproof canopies, no wider than
entranceways, may be constructed over main entrances to theaters and places of public
assembly, provided that no part shall be nearer than 18 inches to the face of the curb, and
such installation shall have a minimum of nine feet of vertical clearance between any
solid construction and the sidewalk. No projections shall be allowed in the required rear
yard except open type fire escapes, and these must be provided with a counterbalanced
bottom section to provide for nine feet of clearance when up.
(3) Awnings. Awnings may be suspended over sidewalks or ways provided that they
shall not project nearer than 18 inches to the face of the street curbline or more than eight
feet from the exterior wall of the building, and such installation shall have at least seven
feet six inches of vertical clearance between any solid construction and the sidewalk. The
cloth front and side drops shall measure not less than six feet six inches from their lowest
point to the sidewalk.
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Sec. 78-296. - Full-service fuel stations or gas stations.
No full-service fuel station or gas station shall be erected within the village unless the
station is located fronting along U.S. Highway 1 in the C-2 zoning district or is located within
the C-3 zoning district.
Sec. 78-297. - Automotive repair establishments.
(a) No automotive repair establishment shall be erected within the village unless the
establishment is located within the C-3 zoning district.
(b) The following regulations shall apply to all automotive repair establishments:
(1) The use of full-service fuel stations or gas stations for the purpose of
selling, renting or leasing of new or used motor vehicles, trailers or other
recreational vehicles is prohibited.
(2) All oil drainage pits, hydraulic lifts and mechanical repair work shall be
located or conducted within an enclosed building or structure.
(3) No body damaged vehicle or vehicle components of any kind or condition
which are exposed to view from a public roadway shall be permitted.
Sec. 78-298. - Establishments selling intoxicating beverages.
All places of business selling intoxicating liquors, wines and beverages for consumption
on the premises shall not be located within a 1,000-foot radius of any church, school or youth
center. The 1,000 feet shall be measured in a straight line from main entrance door to main
entrance door.
Sec. 78-299. — Location and screenin� of emer�encv �enerators. air conditioners. nool
eauinment and similar mechanical eauinment ���'* * '°°�°��° °„*°°„° °°°*°-�° - �
���.
(al Intent. The nuraose and intent of this section is to nrovide re�ulations for the
location and screenins of emer�encv �enerators. air c_onditionin� eauibment, nool
eauibment and similar mechanical eauibment for the enhancement of communitv
amenities of beautv and visual interest and to nrotect nublic health, safetv and welfare bY
nromotin� noise control.
(bl Annlicabilitv. The resulations nrovided bv this section shall abnlv within all
residential �onin� districts within the villa�e. includin� the residential bortions of the
mixed use zonin� district, on nronerties havin� or usin� emersencv eenerators. air
conditioners nool eauipment or similar mechanical eauinment. Portable �enerator�are
not subiect to the nrovisions of this section.
c Regulcztions.
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11 Emer�encv �enerators, air conditionin� eauinment, nool eauinment and
similar mechanical eauinment shall not be located in anv front vard area or anv
closer than five feet (5'1 from anv side or rear lot line.
21 All emer�encv �enerators, air conditionin� eauibment. nool eauinment
and similar mechanical eauinment shall be screened from nublic view, from
ublic streets, and from abuttin� nronerties.
3) Screenin� shall be onaaue in nature and be constructed in conformitv with
material annroved bv the Florida Buildin� Code. or shall be comnosed of
ve�etation that does not violate the Villa�e's landscaning code at Division 4 of
this Article.
41 Bufferin� shall be of a material that blends in with the architecture of the
buildin�. andlor landscaning of the site. when nossible. Screenin� mav not exceed
five feet hi�h. The hei�ht of the eauinment mav not nrotrude above the screenin�.
Eauinment that exceeds five feet in hei�ht must comnlv with the setback
reauirements for accessorv structures set forth at Sec. 78-143.
(51 The re�ulations in this section cover all existin� and future develonment
within the villa�e. In the case of new develonment. the location of the eauipment
shall be shown on the annroved site nlan.
61 All existin� nonconformin� eauiament in the villa�e on the date of the
nassa�e of Ordinance No. 12-8 shall be deemed to be in comnliance with this
section.
(71 Anneals of the decisions of the villa�e staff concernin� these matters mav
be imnlemented bv the abneal nrocess to the board of adiustment as described in
this chapter.
dl Penaltv. Anv berson violatin� the nrovisions of this section shall be subiect to
code enforcement. includin� the nenalties brovided at Chanter 2 Article IV.
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Sec. 78-300. - Location and screening of dumpsters.
(a) Intent. The purpose and intent of this section is to provide regulations for the
location and screening of dumpsters for the enhancement of community amenities of
beauty and visual interest and to protect public health, safety and welfare by promoting
refuse and litter control.
(b) Applicability. The regulations provided by this section shall apply within all
zoning districts within the village on properties having or using dumpsters for their
sanitation service. Temporary dumpsters, such as those which are placed on job sites
during construction activity, are not subject to the provisions of this section.
(c) Regulations.
(1) All dumpsters in the village shall be located on the property serviced so as
to be reasonably accessible for trash collection by the sanitation vehicles, and
shall not be located within the right-of-way of a public street or alley.
(2) All dumpsters shall be screened from public view, from public streets, and
from abutting properties.
(3) Screening on three sides of the dumpster shall be erected with access to
the dumpster on the fourth side being obtained by an approved opening. The
sufficiency of the access of the dumpster shall meet the concurrence of the village
and the franchised sanitation company.
(4) Screening shall be opaque in nature and be constructed in conformity with
material approved by the Florida Building Code. A permit must be obtained from
the village building official prior to the commencement of construction.
(5) The screenin� ��e�xg of the dumpsters shall be of a material that blends
in with the architecture of the building, when possible. All screening must be a
minimum of four feet high. The height of the dumpster may not protrude above
the screening.
(6) All dumpsters must be placed on a hard surface, the minimum dimensions
of which shall be adequate for the size of the dumpster located there. Inadequate
or nondurable pads shall be the responsibility of the property owner to repair or
replace as needed.
(7) If the property owner elects to place gates on the screened dumpster
enclosure, the doors must be kept closed at all times except when the dumpster is
being serviced. The doors must be kept in good repair at the expense of the
owner.
(8) The regulations in this section cover all existing and future development
within the village. In the case of new development, the location of these
dumpsters shall be shown on the approved site plan.
(9) All existing nonconforming dumpsters in the village shall be in
compliance with this section no later than 18 months from the date of the passage
of Ordinance No. 361.
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(10) Appeals of the decisions of the village staff concerning these matters may
be implemented by the appeal process to the board of adjustment as described in
this chapter.
(d) Penalry. Any person violating the provisions of this section shall be subject to
code enforcement, including the penalties provided at Chapter 2 Article IV. �
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Sec. 78-301. - Recyclable materials facilities for multifamily dwelling units.
Recyclable material collection and storage areas shall be provided on-site at all
multifamily developments with ten or more units, in accordance with the following requirements
and/or standards:
(1) General standards. Collection and storage facilities shall be in accordance with
any specific requirements of the county solid waste authority, the village's franchise
recycling service provider and these requirements and/or standards as set forth in this
section.
(2) Location. Recyclable material collection and storage area� shall be located within
the building containing the multifamily dwelling units or within an accessory building
such as a parking structure or within or adjacent to the disposable material dumpster area
used by the residents.
(3) Access. Access to recyclable material collection and storage areas shall be
designed so as to not require unnecessary turning or backing movements by pickup and
removal vehicles.
(4) Setback. The minimum setback for recyclable material collection and storage
structures shall be as required for accessory buildings or structures as set forth in the
zoning district schedule of site regulations in section 78-143,
(5) Screening. All recyclable material coilection and storage areas shall. be properly
screened from view by a solid opaque enclosure constructed of brick, concrete, concrete
block and stucco, or other decorative masonry or comparable wood, consistent with the
architectural character or style of the development or principal buildings. If gates are used
they shall meet the requirements of the village franchise service provider. All exterior
sides of such enclosures, except the open end, shall be landscaped with minimum 24-inch
high plant material spaced a maximum of 24 inches on center at time of planting. The
type of plant material shall meet the requirements of the village's landscape code as set
forth at article IX, division 4 of this chapter.
(6) Storage area size. The required collection and storage areas or structures shall be
sized to properly handle the volume of recyclable materials anticipated to be generated by
the multifamily development.
(7) Alternative compliance. Applicants shall be entitled to demonstrate that recyclable
material storage space needs can be effectively met through an alternative recyclable
materials collection and storage plan. An alternative plan shall be reviewed by the solid
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waste authority, the village's franchise service provider and the village, and, if approved,
shall be substituted for a recyclable materials storage and collection plan meeting the
express collection and storage area requirements and standards of this section.
(8) Review of plans. Recyclable material collection and storage area plans shall be
reviewed by the village as part of the site plan review process as set forth at article IX,
division 2 of this chapter.
(9) Retrofitting of existing multifamily developments. The retrofitting of existing
multifamily buildings and developments to comply with the requirements and standards
of this section shall be encouraged. In order to encourage retrofitting, existing
multifamily buildings or developments may convert existing off-street parking spaces to
accommodate a recyclable material storage structure meeting the requirements of this
section and, additionally, in accordance with the following standards:
a. Number of parking spaces to be converted. The number of existing off-
street parking spaces converted shall not exceed the minimum number of
collection and storage areas necessary to properly meet the anticipated recycling
needs of the multifamily development.
b. Automatic waiver. The conversion of existing off-street parking spaces to
accommodate recyclable material collection and storage areas pursuant to the
requirements and standards of this section shall be permitted by right, without
resort to the board of adjustment.
(10) Exemptions. Multifamily developments in existence at the date of the adoption of
the ordinance from which this section is derived that receive curbside recyclable
materials collection service on at least a weekly basis shall be exempt from the standards
of this section.
Sec. 78-302. - Underground utility service.
(a) All utility service lines within any zoning district of the village shall be placed
underground within any zoning district of the village upon development of the property
in question. This provision shall apply to all new construction as well as to any
renovation, restoration or construction activity to an existing structure wherein the
renovation, restoration or construction activity value is greater than 50 percent of the
assessed value of the existing structure.
(b) Compliance with the intent of this section shall be a prerequisite to the issuance of
a building permit by the building official.
Sec. 78-303. - Visibility triangles.
Visibility triangles of 25 feet in both directions from the point of intersecting lot lines
shall be maintained at all intersections. Plantings shall not exceed two and one-half feet in height
in a visibility triangle.
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Sec. 78-304. - LP tank sales.
Businesses with addresses that front on U.S. #1, and all businesses within the C-3 zoning
district shall be permitted to have outdoor LP tank sales under the following conditions:
(1) Permit required. Outdoor LP tank sales must be permitted through the building
department, in addition to the building official's approval, the community development
director and the fire chief shall review and approve the application prior the issuance of
any permit.
(2) Permit renewal. All LP tank sale permits must be renewed on an annual basis in
conjunction with payment of the business's annual business tax required by chapter 70,
article II of the Tequesta Code of Ordinances.
(3) Tax. All LP tank sales shall be subject to the public service gas tax as set forth at
chapter 70, article IV, division 2 of the Tequesta Code of Ordinances.
(4) All LP tank sale facilities shall comply with all applicable building and fire codes,
as determined by the building official and the fire chief.
Secs. 78-305-78-330. - Reserved.
Section 2: Chapter 78. Zoning. Article IX. Supplemental Regulations. Division 5.
Wireless Telecommunication Towers and Antennas. of the Code of Ordinances of the Village of
Tequesta is hereby amended by updating this division to re-locate certain regulations regarding
broadcast and receiving antenna and satellite dishes from Division 1 to Division 5; further
revising this division to correct certain internal inconsistencies, and by re-naming this division
accardingly; providing that Chapter 78. Zonirg. Article IX. Supplemental Regulations. Division
5. Wireless Telecommunication Towers and Antennas. shall hereafter read as follows:
ARTICLE IX. SUPLEMENTAL REGULATIONS
DIVISION 5. - WIRELESS TELECOMMUNICATION TOWERS AND ANTENNAS�
AND SATELLITE DISHES
---- ---- - - __ _ ------ --- - -------_ __ - --- ___ _ _ _. _ _ _ _ --- ---- -
Sec. 78-441. - Purpose.
Sec. 78-442. - Definitions.
Sec. 78-443. - Applicabilitv.
Sec. 78-444. - General requirements.
Sec. 78-445. - Permitted uses.
Sec. 78-446. - Special exception uses.
Sec. 78-447. - Equipment storage for antennas mounted on structures or rooftops.
Sec. 78-448. - Equipment storage for antennas located on towers.
Sec. 78-449. - Antennas mounted on utilit�poles or light poles prohibited.
14
Sec. 78-450. - Removal of abandoned antennas and towers.
Sec. 78-451. - Nonconforming uses•
Sec 78 - Satellite dish svstems and structures.
Secs. 78-4�3-� 453 -78-480. - Reserved.
Sec. 78-441. - Purpose.
The purpose of this division is to establish general guidelines for the siting and
construction of wireless communications towers�satellite dishes and antennas. The goals of this
division are to:
(1) Protect residential areas and land uses from potential adverse impacts of towers�
satellite dishes and antennas;
(2) Encourage the location of towers in nonresidential areas;
(3) Minimize the total number of towers throughout the community;
(4) Strongly encourage the joint use of new and existing tower sites as a primary
option rather than construction of additional single-use towers;
(5) Encourage users of towers and antennas to locate them, to the extent possible, in
areas where the adverse impact on the community is minimal;
(6) Encourage users of towers, satellite dishes and antennas to configure them in a
way that minimizes the adverse visual impact of the towers and antennas through careful
design, siting, landscape screening, and innovative camouflaging techniques;
(7) Enhance the ability of the providers of telecommunications services to provide
such services to the community quickly, effectively, and efficiently;
(8) Consider the public health and safety of communication towers; and
(9) Avoid potential damage to adjacent properties from tower failure through
engineering and careful siting of tower structures.
In furtherance of these goals, the village shall give due consideration to the village's
comprehensive plan, zoning map, existing land uses, and environmentally sensitive areas in
approving sites for the location of towers and antennas.
Sec. 78-442. - Definitions.
The following words, terms and phrases, when used in this division, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Alternative tower structure means manmade trees, clock towers, bell steeples, and similar
alternative-design mounting structures that camouflage or conceal the presence of antennas or
towers.
Antenna means any exterior stealth designed device used for transmitting and receiving,
mounted in the �round. on a tower, alternative tower structure, building or structure and used in
communications that radiate or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications signals or other
communication signals. This definition does not include over-the-air reception devices which
deliver television broadcast signals, direct broadcast signals, direct broadcast satellite services or
multichannel multipoint distribution services, as defined and regulated by 47 CFR 1.4000, as
amended. The definition also does not include satellite dishes as defined below.
Backhaul network means the lines that connect a provider's towers/cell sites to one or
more cellular telephone switching offices, and/or long distance providers, or the public switched
telephone network.
15
Engineer means a registered engineer licensed in the state to provide any information of
an engineering nature, whether civil, electrical or mechanical.
FAA means the Federal Aviation Administration.
FCC means the Federal Communications Commission.
Height, when referring to a tower or other structure, means the distance measured from
the zero datum of the lot to the highest point on the tower or other structure, including any
antenna.
Preexisting tower and preexisting antenna mean any tower or antenna for which a
building permit has been properly issued prior to the effective date of Ordinance No. 531,
including permitted towers or antennas that have not yet been constructed so long as such
approval is current and not expired.
Satellite dish means anv narabolic or snherical antenna which receives television or other
si�nals from orbitin� satellites.
Stealth design means a method that would hide or conceal an antenna, supporting
electrical or mechanical equipment, or any other support structure that is identical to, or closely
compatible with, the color of the supporting structure so as to make the antenna and related
equipment as visually unobtrusive as possible.
Tower means any ground mounted structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone, radio and similar
communication purposes, including self-supporting lattice towers, guyed towers, or monopole
towers. The term includes radio and television transmission towers, microwave towers, common-
carrier towers, cellular telephone towers, alternative tower structuxes, and the like. The term
includes the structure and any support thereto.
Sec. 78-443. - Applicability.
(a) New towers and antennas. All new towers or antennas in the village shall be
subject to the regulations in this division, except as provided in subsections (b) and (c) of
this section, and section 78-452.
(b) Preexisting towers or antennas. Preexisting towers and preexisting antennas shall
not be required to meet the requirerr�ents of this 3ivision, other than the requirements of
section 78-444(e) and (�.
(c) Antennas operated and controlled by village. Antennas operated and controlled
by the village or another �overnmental entitv, *'�° '���+��r �� •_°'���'� �° and that are
approved by the village council, shall not be required to meet the requirements of this
division.
Sec. 78-444. - General requirements.
(a) Permitted locations.
1� Antennas and towers shall be either a permitted use on village owned
property in the commercial zoning districts of the village or a special exception
use on other properties located within the village's commercial zoning districts.
2� Antennas and towers are prohibited within the residentially zoned areas of
the village, as well as the mixed-use zoning district. A different existing use of an
existing structure on the same lot shall not preclude the installation of an antenna
or tower on such lot.
16
3� Off-site locations of anv antenna. re�ardless of tvbe. size. blacement or
method of attachment shall be nrohib excebt for those antennas which are
owned and onerated bv a�overnmental a�encv, annroved bv a�overnmental
agencv, or onerated for a�overnmental use. subiect to villa�e council abnroval.
(b) Inventory of existing sites. Each applicant for an antenna and/or tower shall
provide to the building official an inventory of its existing towers, antennas, or sites
approved for towers or antennas that are either within the jurisdiction of the village or
within one mile of the border thereof, including specific information about the location,
height, and design of each tower.
(c) Aesthetics. Towers and antennas shall meet the following aesthetic requirements:
(1) Towers shall either maintain a galvanized steel finish or, subject to any
applicable standards of the FAA, be painted a color so as to reduce visual
obtrusiveness.
(2) At a tower or antenna site, the design of the buildings and related
structures shall, to the maximum extent possible, use materials, colors, textures,
screening, and landscaping that will blend them into the natural setting and
surrounding buildings. The towers, antennas, buildings and related structures shall
be required to be approved by the blannin� and zonin� advisorv e�3�
a�� board and/or the village council, as a�pro�2riate ��c-�e�=e��
��e.
(3) If an antenna is installed on a structure other than a tower, the antenna and
supporting electrical and mechanical equipment must be, to the maximum extent
possible, of stealth design.
(41 Landscapin�. The followin� reauirements shall �overn the landscanin�
surroundin� towers and antennas:
a Tower and antenna facilities shall be landscaped with a buffer of
plant materials that effectivelv screens the view of the comnound from
pronertv used for residences The standard buffer shall consist of a
landscaned strib at least four feet wide outside the nerimeter of the
comnound Tne minimu lan dscaain� within the buffer s hall be a
continuous four-foot-hi�h hed�e at the time of nlantin� and havin� an
ultimate hei�ht of six feet. and one tree, 12 feet in hei�ht at the time of
nlanting. everv 251ineal feet.
b Existin� mature tree grow and natural land forms on the site shall
b e nreserved to the maximum extent nos sible. In some cases, such as
towers sited on lar�e. wooded lots. natural �rowth around the t�ronertv
_ ____
nerimeter mav be a sufficient buffer.
(d) Lighting. Towers and antennas shall not be artificially lighted, unless required by
the FAA or other applicable authority. If lighting is required, the lighting alternatives and
design chosen must cause the least disturbance to the surrounding views.
(e) State or federal requirements. All towers and antennas must meet or exceed
current standards and regulations of the FAA, the FCC, and any other agency of the state
or federal government with the authority to regulate towers and antennas. If such
standards and regulations are changed, then the owners of the towers and antennas
governed by this division shall bring such towers and antennas into compliance with such
revised standards and regulations within six months of the effective date of such
17
standards and regulations, unless a different compliance schedule is mandated by the
controlling state or federal agency. Failure to bring towers and antennas into compliance
with such revised standards and regulations shall constitute grounds for the removal of
the tower or antenna at the owner's expense.
(� Compliance with building codes and safety standards. Prior to the issuance of a
building permit to construct an antenna or tower, the owner/applicant shall provide the
village with all applicable approvals from federal, state and county agencies. To ensure
the structural integrity of towers, the owner of a tower shall ensure that it is maintained in
compliance with standards contained in applicable state or local building codes and the
applicable standards for towers that are published by the Electronic Industries
Association, as amended from time to time. If, upon inspection, the village building
official or his designee concludes that a tower fails to comply with such codes and
standards and constitutes a danger to persons or property, then, upon notice being
provided to the owner of the tower, the owner shall have 30 days to bring such tower into
compliance with such standards. Failure to bring such tower into compliance within 30
days shall constitute grounds for the removal of the tower or antenna.
(g) Measurement and applicability of setbacks and separation distances.
Measurement of tower setbacks and separation distances shall be calculated and applied
in relation to all adjacent facilities, whether located inside or outside the boundaries of
the village.
(h) Towers and antennas not considered essential services. Towers and antennas
shall be regulated and permitted pursuant to this division and shall not be regulated or
permitted as essential services, public utilities or private utilities.
(i) Franchises. Owners and/or operators of towers or antennas shall certify that all
franchises required by law for the construction and/or operation of a wireless
communication system in the village have been obtained and shall file a copy of all
required franchises with the building official.
(j) Signs. No signs shall be allowed on an antenna or tower.
(k) Multiple antenna/tower plan. So as to lessen proliferation, the village encourages
the users of towers and antennas to submit a single application for approval of multiple
users on a single site. Applications for approval of multiple user sites shall be given
priority in the review process.
11 Securitv enclosure. Towers shall be enclosed with a securitv enclosure not less
than six feet in hei�ht. and towers shall also be eauinned with an annronriate anti-
climbin� device. The use of barbed and/or razor wire shall be nrohibited.
ml Antenna height. Antenna hei�hts shall be as follows:
1) Ground-mounted antennas of anv tvne shall not exceed 40 feet above
�rade within anv zoning district. (Government facilities are exemnt from this
nrovision subiect to villa�e council annroval.l
(21 Roof-mounted antennas of anv tvne shall not exceed 20 feet above the
roofline of anv on-site buildin� which mav be located unon the narticular nronertv
or narcel of land. (Government facilities are exemnt from this nrovision subiect to
villa�e council annroval.l
31 Tower mounted antennas shall not be subiect to the hei�ht limitations set
forth herein.
18
(nl Tower setbacks. The followin� setback reauirements shall annlv to all towers:
(11 Towers must be set back a distance eaual to at least 110 nercent of the
hei�ht of the tower from anv adioinin� comme rciallv zoned bronertv lot line.
(21 Towers must be set back a distance eaual to at least 130 bercent of the
hei�ht of the tower from anv adioinin� residentiallv zoned nronertv lot line.
(31 Guvs and accessorv buildin�s must satisfv the minimum zonins district
setback requirements.
(ol Tower senaration. The followin� senaration reauirements shall annlv to all
towers: Senaration distances between towers shall _be annlicable for and measured
between the nronosed tower and breexistin� towers. The senaration distances shall be
measured bv drawin� or following a strai�ht line between the base of the existin� tower
_ ----
and the nronosed base. nursuant to a site nlan of the_brobosed tower. The sebaration
distances (listed in linear feetl shall be as shown in table 1.
TABLE 1
Existin� towers—Tvbes
Lattice Guved Monopole 75 Mononole_ Less
Fee in Hei�ht Than 75 Feet in
Qr Greater Hei�ht
Lattice 5,000 5,000 1,500 750
Guved 5,000 5 000 1,500 750
Mononole 75 feet in height 1.500 1.500 1,500 750
or �reater
Mononole less than 75 feet 750 750 750 750
in hei�ht
Sec. 78-445. - Permitted uses.
°�;�' °°^°�+;^r °��r^� Antennas or towers located on property owned or leased by the
village within the commercial zoning district of the village are a permitted use provided that the
following shall be applicable:
(1) A license or lease authorizing an antenna or tower shall be approved by the
village council.
(2) The antenna or tower otherwise shall meet all regulations of the village relating to
setbacks, height, lot coverage, landscaped open space, and other such regulations. In the
event of conflictin� reauirements between this divi and district snecific code
arovisions, the more restrictive reauirement shall �overn.
(3) Prior to the granting of a building permit for the construction of a tower, a duly
noticed and advertised public hearing shall be required by the village council. Such due
notice and advertisement of the public hearing shall be provided as in section 78-368(d)
and (e), except that property owner notification shall be to all property owners within
1,000 feet from any part of the subject property upon which the tower is located. These
19
notice and public hearing requirements shall not pertain to the placement of antennas or
satellite dishes
(4) This section shall not be construed to �ees�e� permit the placement of towers or
antennas by the lessee on property leased from the village.
Sec. 78-446. - Special exception uses.
(a) General standards. Antennas or towers located on nronertv that is not owned or
leased bv the villa�e within the commercial zonin� district of the villa�e are a snecial
excention use. Snecial excention annroval for towers and antennas shall be reauired for
the construction of a tower or the nlacement of an antenna on nrivatelv owned nronertv in
the comrnercial zonin� districts of the villa�e. For purnoses of this division. the mixed-
use zonin� district of the villa�e shall be considered residential. wherein towers and
antennas are nrohibited. The following provisions shall govern the review and approval
of special exception applications for towers or antennas by the village council:
(1) Towers and antennas shall, in addition to the criteria set forth in this
division, otherwise meet all regulations of the village relating to setbacks, height,
lot coverage, landscaped open space, and other such regulations pertaining to the
district in which the tower or antenna is located. In the event of conflictin�
re uirements between this division and district snecific code nrovisions. the more
restrictive reauirement shall �overn.
(2) Reserved. T � �'cr�c°-
�F � �., ,. �l,o ,.1., „+ .,� ., „+o «.1. +L,o .,1 .. .a;��« .,+�
ra�pr�v� °
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�
z.i��nr.o n�n�� �v iao oa .� �,iaov.+in�
(3) Applications for special exception approval under this section shall be
subject to the procedures and requirements of article IX, division 3 of this chapter,
except as modified in this division.
(4) In granting a special exception approval, the village council may impose
conditions to the extent the village council concludes such conditions are
necessary to minimize any adverse effect of the proposed tower or antenna on
adjoining properties.
(5) Any information of an engineering nature that the applicant submits,
whether civil, mechanical, or electrical, shall be certified by a state licensed
professional engineer.
(6) An applicant for a special exception use shall submit the information
described in this section and a nonrefundable fee as set by resolution of the village
council and on file in the village clerk's office to reimburse the village for the
costs of reviewing and providing legal notice for the application.
(b) Required information; standards for approval; design standards.
(1) Required information. In addition to any information required for
applications for special exception use approval pursuant to article IX, division 3
of this chapter, applicants for a special exception for a tower or antenna shall
submit the following information:
a. A scaled site plan clearly indicating the location, type and height of
the proposed tower or antenna, on-site exi'� land uses and zoning,
20
adjacent land uses and zoning (including when adjacent to other
municipalities or unincorporated areas), comprehensive plan future land
use designation of the site and all properties within the applicable
separation distances set forth in Section 78-444(0l °•�'��°�+��„ �'^`«t���
�°^�, adjacent roadways, proposed means of access, setbacks from
property lines, elevation drawings of the proposed tower or antenna and
any other structures, topography, parking, and other information deemed
by the building official to be necessary to assess compliance with this
division.
b. Legal description of the parent tract and leased parcel (if
applicable).
c. The setback distance between the proposed tower or antenna and
the nearest residential unit, platted residentially zoned properties, and
unplatted residentially zoned properties.
d. The separation distance from other towers and antennas described
in the inventory of existing sites submitted pursuant to section 78-444(b),
which shall be shown on an updated site plan or map. The applicant shall
also identify the type of construction of the existing tower or antenna and
the owner/operator of the existing tower, if known.
e. A landscape plan showing specific landscape materials.
f. Method of providing security enclosure and finished color and, if
applicable, the method of providing stealth design and illumination.
g. A description of compliance with all applicable federal, state or
local laws including all provisions within this chapter.
h. A si�ned and sealed �� statement by the applicant's engineer
as to whether construction of the tower will accommodate collocation of
additional antennas for future users.
i. Identification of the entities providing the backhaul network for the
tower or antenna described in the application and other cellular sites
owned or operated by the applicant in the village.
j. A description of the suitability of the use of existing towers, other
structures or alternative technology not requiring the use of towers or
structures to provide the services to be provided through the use of the
proposed new tower.
k. A description of the feasible locations of future towers or antennas
within the village based upon existing physical, engineering, technological
or geographical limitations if the proposed tower or antenna is erected.
(2) Standards for approval. In addition to any standards for consideration of
special exception applications pursuant to article IX, division 3 of this chapter, the
village council shall consider the following factors in determining whether to
approve a special exception:
a. Height of the proposed tower or antenna;
b. Proximity of the tower or antenna to residential structures and
residential district boundaries;
c. Nature of uses on adjacent and nearby properties;
d. Surrounding topography;
21
e. Surrounding tree coverage and foliage;
f. Design of the tower or antenna, with particular reference to design
characteristics that have the effect of reducing or eliminating visual
obtrusiveness;
g. Proposed ingress and egress; and
h. Availability of suitable existing towers, antennas, other structures,
or alternative technologies not requiring the use of towers or structures, as
discussed in subsection (b)(3) of this section.
(3) Availability of existing towers, other structures, or alternative technology.
No new tower shall be permitted unless the applicant demonstrates to the
reasonable satisfaction of the village council that no reasonable alternative
technology exists that can accommodate the applicant's proposed antenna. An
applicant shall submit information requested by the village council related to the
availability of suitable existing towers, other structures or alternative technology.
Evidence submitted to demonstrate that no existing tower, structure or alternative
technology can accommodate the applicant's proposed antenna may consist of any
of the following:
a. No existing towers or structures are located within the geographic
area which meet applicant's engineering requirements.
b. Existing towers or structures are not of sufficient height to meet
the applicant's engineering requirements.
c. Existing towers or structures do not have sufficient structural
strength to support the applicant's proposed antenna and related
equipment.
d. The applicant's proposed antenna would cause electromagnetic
interference with the antenna on the existing towers or structures, or the
antenna on the existing towers or structures would cause interference with
the applicant's proposed antenna.
e. The fees, costs, or contractual provisions required by the owner in
order to share an existing tower or structure or ta adapt an existing tower
or structure for sharing are unreasonable. Costs exceeding new tower
development are presumed to be unreasonable.
f. The applicant demonstrates that there are other limiting factors that
render existing towers and structures unsuitable.
g. The applicant demonstrates that an alternative technology that does
not require the use of towers or structures, such as a cable microcell
network using multiple low-powered transmitters/receivers attached to a
wire line system, is unsuitable. Costs of alternative technology that exceed
new tower or antenna development shall not be presumed to render the
technology unsuitable.
f4�F'e-�e-���s�,o � ii,,.,,;�,. �o�i..,,.v,. o.,+� �i.,,i� „ �i.,,-„ .,ii �,,.,,o,.� � ,.
�i.v i,o;,�t,� ,.�,�,o ,,,.,,o,. �,,,,, „ .,a;,.;,,;r,. ,. .,ii.. , oa ,. ,.v,.��,
� ^��
22
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Sec. 78-447. - Equipment storage for antennas mounted on structures or rooftops.
For antennas mounted on structures or rooftops, the equipment cabinet or structure used
in association with the antenna shall comply with the following:
(1) The cabinet or structure shall not contain more than 350 square feet of gross floor
area or be more than ten feet in overall height, assuming at all times that a structural
engineer has declared that the structural integrity of the structure or rooftop will not be
compromised by the cabinet or structure.
(2) If the equipment structure is located on the roof of a building, the area of the
equipment structure and other equipment and structures shall not occupy more than ten
percent of the roof area.
(3) Equipment storage buildings or cabinets shall comply with all applicable building
codes.
Sec. 78-448. - Equipment storage for antennas located on towers.
The related unmanned equipment structure for antennas located on towers shall not
contain more than 350 square feet of gross floor area or be more than 12 feet in overall height,
and shall be located in accordance with the minimum yard requirements of the zoning district in
which located.
Sec. 78-449. - Antennas mounted on utility poles or light poles prohibited.
Antennas shall be prohibited on utility or light poles.
Sec. 78-450. - Removal of abandoned antennas and towers.
Any antenna or tower that is not operated for a continuous period of two years shall be
considered abandoned, and the owner of such antenna or tower shall remove the antenna or
tower within 90 days of receipt of notice from the village notifying the owner of such
abandonment. Failure to remove an abandoned antenna or tower within the 90 days shall be
grounds to remove the tower or antenna at the owner's expense. If there are two or more users of
a single tower, then this provision shall not become effective until all users cease using the
tower.
Sec. 78-451. - Nonconforming uses.
(a) Towers that are constructed and antennas that are installed in accordance with the
provisions of this division shall not be deemed to constitute the expansion of a
nonconforming use or structure.
(b) Preexisting towers shall be allowed to continue their usage as they presently exist
pursuant to article IV of this chapter. Routine maintenance (including replacement with a
new tower of like construction and height) shall be permitted on such preexisting towers.
New construction other than routine maintenance on a preexisting tower shall comply
with the requirements of this division.
(c) Nonconforming towers and antennas that are damaged or destroyed shall be
required to meet the requirements as set forth in article IV of this chapter.
24
Sec 78-452 - Satellite dish systems and structures
(al Satellite dish svstems usin� antennas one (11 meter or less in diameter are
permitted in anv zonin� district. Neither site nlan review nor buildin� nermits are
reauired for installation of su svstems.
(bl Satellite dish svstems using antennas no lar�er than two (21 meters in diameter are
permitted in anv commercial zonin� district Neither site blan review nor buildin� nermits
are reauired for installation of such svstems Further satellite dish svstems usin�
. _ _--- - _
antennas between one (11 and two (21 meters in diameter are nermitted in anv residential
zonin� district• however site nlan review and anbroval as well as a buildin� bermit is
reauired nrior to anv such installation. Roof mounting of anv satellite dish aursuant to
this subsection is brohibited unless sn ecificallv annroved bv the villa�e council.
(cl Satellite dish svstems �reater than two meters in diameter ("lar�e satellite dishes"1
are nermitted_in anv zonins district nursuant to the followin�:
(11 Site blan review and aat�roval, as well as a buildin� bermit, is reauired
brior to anv installation. The annlication for a nermit for a lar�e satellite dish
shall be reviewed bv the buildin� official for a determination that the structure is
desi�ned and will be erected in a manner which meets the technical reauirements
of the Florida Buildin� Code.
(21 Lar�e satellite dishes shall consist of noncombustible and corrosive
resistant materials;
(31 Lar�e satellite dishes shall be adeauatelv �rounded for nrotection a�ainst
direct strike of li�htin� and shall be subiect to the abblicable nrovisions of the
Florida Buildin� Code;
(4) When installation is comnlete, a lar�e satellite dish or antenna must be
certified bv an en�ineer of bein� canable of w ithstandin� winds of 120 m.n.h.;
(51 The maximum diameter of anv satellite dish shall be �welve feet.
(61 Portable satellite dishes are arohibited.
(71 Maximum overall hei�ht of the satellite dish and base shall be ten feet.
(8) Roof mounting of anv satellite dish nursuant to this subsection is
nrohibited, unless sbecificallv aabroved bv the villa�e council
(d) Screenin�.• An attembt shall be made to effectivelv screen anv satellite dish that
is greater than one m eter in diameter from view and from visibilitv from nublic ri�hts-of-
wav to the �reatest extent nracticable All such satel dishes shall be located in such
area as to be screened or buffered from view from adiacent bronerties and/or ri�hts-of-
wav and shall be nlaced in the rear vard.
(el There shall not be more than one satellite dish svstem on anv blatted lot or barcel.
However the ioint use of such a svstem as a communitv antenna svstem bv two or more
adiacent or adioining buildin�s, associations, lots. or narcels mav be nermitted bv the
village counc on a noncommercial, not-for-nrofit basis.
Secs. 78-4�3 453-78-480. - Reserved.
25
Section 3: Each and every other section and subsection of Chapter 78. Zoning. shall
remain in full force and effect as previously enacted.
Section 4: All ordinances or parts of ordinances in conflict herewith be and the same
are hereby repealed.
Section 5: Should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder of this ordinance.
Section 6: Specific authority is hereby granted to codify and incorporate this
ordinance into the existing Code of Ordinances of the Village of Tequesta.
Section 7: This ordinance shall take effect immediately upon adoption.
26