HomeMy WebLinkAboutDocumentation_Regular_Tab 11_11/08/2012 VILLAGE CLEF Redistri buted from 10/11 /12
AGENDA ITEM TRA Meeti ng
Meeting Date: Meeting Type: Regular Ordinance #: 1412
10/11/12
Consent Agenda: No Resolution #:
Originating Departrnent: Attorney
AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
ORDINANCE 74-12, FIRST READING. AMENDING CHAPTER 78. ZONING. ARTlCLE IX. SUPPLEMENTAL
REGULATIONS. AT DIVISION 1. GENERALLY. BY UPDATING THIS DIVISION T� ADD REGULATIONS
REGARDWG 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 AN�ENNA REGULATfONS AND SATELLITE DISH
REGULATIONS FOR RE-LOCATION IN DIVISION 5; �URTHER AMENDING CHAPTER 78. ZONING.
ARTICLE IX. SUPPLEMENTAL 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 THtS DIViSION TO CORRECT CERTAIN iNTERNAL iNCONSISTENCIES
BUDGET / F{NANCIAL IMPACT:
Account #: Amount of this item:
Current Budgeted Amount Available: Amount Remaining after item:
Budget 7ransfer �tequired: '�� ���� �r Appropriate Fund Balance: �hoos� �n €t�rr:.
�r�-,.
EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item)
ApPROVALS: SIGNATURE:
Departrnent Head �
Finance Director
Reviewed for Financial S iciency ❑
No Financiaf Impact `
Attorney: (for legal sufFciency)
Village Manager:
Submit for Council Discussion: _----� —�.,
Apprave Item: ❑
Deny ltem: �
SPECIAL INSTRUCTIONS FOR CLERK: (if yau wish to have agreements signed, be sure tv includethe
number of copies you want signed and place "Sign Here" sticker an them)
Form Amended: 10/20/11
ORDINANCE N0.1412
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONIlVG. ARTICLE IX.
SUPLEMENTAL REGULATIONS. AT DMSION 1. GENERALLY. BY
UPDATING THIS DIVISION TO ADD REGULATIONS REGARDING
FINISHED FLOOR ELEVATION, TI� USE OF ENERGY SAVIl�TGS
DEVICES, HOME OCCUPATIONS, MANUFACTURED HOUSING AND
T'HE PLACEMENT AND SCREENING OF EMERGINCY GENERATORS
AND OTI-IER MECHANICAL EQUIPMENT, AND BY REMOVIl�TG
REFERENCES TO BROADCAST AND RECEIVING ANTENNA
REGULATIONS AND SATELLITE DISH REGULATIONS FOR RE-
LOCATION IN DNISION 5; FURTHER AMENDING CHAPTER 78.
ZONIlVG. ARTICLE IX. SUPPLEMENTAL REGULATIONS. AT DIVISION 5.
WIRELESS TELECOMMUIVICATION 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 REVIS]NG
THIS DIVISION TO CORRECT CERTAIN INTERNAL INCONSISTENCIES,
AND BY R�NAMING THIS DIVISION ACCORDINGLY; PROVIDING
THAT EACH AND EVERY OTHER SECTTON AND SUB-SECTION OF
CHAPTER 78. ZONING. SHALL REMAIN IN FULL FORCE AND EFFECT
AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A
SEVER.ABILTTY CLAUSE AND AUTHORTTY TO CODIFY; PROVIDING
AN EFFECTIVE DATE; AND FOR OTf�R PURPOSES.
WHEREAS, the Village Council of the Village of Tequesta, Florida, desires to ame�d
Chapter 78. Zoning. Article IX. Supplemental Regulations. Division 1. Generally, by updating
this division to add regulations regazdi.ng finished floor elevation, the use of energy savings
devices, home occupations, manufachn�ed housing and the placement and screening of
emergency generators and other mechanical equipment, and by removing references to broadc;ast
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. Zo ning . Article IX. Supplemental Regulations. Division 5. Wir�eless
Telecommunication Towers and Antennas. by updating this division to re-locate certai.n
regulations regarding broadcast and receiving antenna aad satellite dishes from Division 1 to
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Division 5; by revising this division to conect certain internal in�nsistencies, 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, T'HEREFORE, BE IT ORDAINED HY TI� VII.LAGE COUNCIL OF THE
V II.LAGE OF TEQUESTA, FLORIDA, THAT:
Section 1: Chapter 78. Zoning. Article IX. Supplemental Regulations. Division 1.
Generally. of the Code of Ordinances of the V illage of Tequesta is hereby amended by updating
this division to add regulations regarding fuushed floor elevation, the use of energy savings
devices, home oc�upations, manufactured housing and the placement and screening of
emergency generators and other mechanical equipment, and by removing references to broadcast
and receiving antenna reguladons and satellite dish regulations for re-location in Division 5;
providi.ng that Chapter 78. Zoning. Article IX. Supplemental Regulations. Division 1. Generally.
shall hereafter read as follows:
ARTICLE IX. SUPLEMENTAL REGULATIONS
DIVLSION 1. - GENERALLY
Sec. 78-281. - Applicabilitv.
Sec. 78-282. - Structures exemut from hei�,�t limitations.
Sec. 78-283. — Finish floor elevation reguladons
Sec. 78-284. - Walls and fences.
Sec. 78-285. — Clotheslines and other enerev savine devices based on renewable resources.
Sec. 78-286. - Stands for commercial piuposes in park areas.
Sec. 78-287. - Coastal construction.
Sec. 78-288. - Recreation s,pace.
Sec. 78-289. - Location of accessory buildin�s.
Sec. 78-290. - Commercial activity in noncommercial districts.
Sec. 78-291. - Timeshare uses.
Sec. 78-292. - Manufactured housing.
Sec. 78-293. - Health care facilities and pmfessional medical or dental offices.
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Sec. 78-294. - Nuisances.
Sec 78 295 Unenclosed uses in commercial districts• awning�s and other vroiections over
sidewalk or required yard area.
Sec. 78-296 - Full-service fuel stations or �as stations.
Sec. 78-297. - Automotive re�air establishments.
Sec. 78-298. - Establishments sellin intoxicatin� beverases.
Sec 78 299 Location and screening of emer¢�ncv Qener�*^*� � con�iti�ners- nool eau'-D�t
and sixnil.az mechanical eauinment S��e+��te—t�e�,�ae�ea °° °"
�.
Sec 78-300 - Location az►d screenin o� f dumpsters.
Sec 78-301 - Recvclable materials facilities for multifamily dwellin� uaits•
Sec. 78-302. - Under�round utilitv service.
Sec. 78-303. - Visibilit� es.
Sec. 78-304. - LP tank sales.
Secs. 78-305--78-330. - Reserved.
Sec. 78-281. - App6cability.
The district regulations of this chapter sha11 be subject to the provisions and eaemptions
in this article.
Sec. 78-282. - Structores exempt from 6etght limitati�s.
Chimneys, water tanks, elevator lofts, church spires, flagpoles, parapet walls and tutrets
may, at the discretion of the village council P�P*M� d�mn� site lan review, be erected above
tbe height limits established by this chapter.
Sec. 78-283. —�nish floor elevation re��ti'-ong ���—�e�; •" "*�°"�°
(�l The ' um lowest floor elevation for all new construction and s�b�t�nti�1
�provements to existing st�uctures not located in a su�cial h�ard area �1 be �
es above the crown of e adiacent roadwav.
ivi The ' um lowe�t �'^�: °'�-Jation fc�r_ ati1 ne construction and substanti�l
i�nrovements to existinQ struch�res that are located in a special flood h�d area shall b_e
nLrcnanY to the vrovisions of Chanter 78 Article XII Flood Damaee Prevent�on.
( 1 The floor elevati n for anv r�v ' reco truction. rehabii Ati � arldi�on or oth�
irn�rovement to a structure which is not a subst�ti� imnrove t shall match the flo�r
evation of �e existi.ne structure.
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d) Nothing contained 'n this section i intended to abrogate anv rewirements of
Article XII Flaod Dama� Preven ion To the extent that there aze confli in� aanlicable
uirements contained therein_ the more restrictive shall avnlv.
, ,
, ,
t •� � ATE�va`e�-aS°avT�PP{'9VE�--�j=@�-g9i�zAA�
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Sec. 7&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 f�t. No wall or fence shall be permitted to extend
forward of the adj�ent or neazest portion of the building front, regazdless of the actual,
allowed. building setback line, on any lot or parcel (see Fig. a), except for lots or parc.els
located along and fronting apon County Club Drive, where walls not excceding 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 frantage lot, a
vehiciilar and pedestrian visibility triangle of a size and dimension which complies with
the current tr�c 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
azeas within a mixed use development located in the MLJ 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 provide a minimum clear width of 12 feet for access by
emergency vehicles, and sha11 not be located in the village right-af-way. Gates, if any,
must swing inward or slide to the side to prevent obstructions to �e roadway or sidewalk.
A building permit and approval by the planning and zoning board in accordance with
these regulations is requir� prior to the commencement of construction.
�gure a
Sec. 78-285. — Clotheslines �nsl other ener�v saving devices baRed on renewsble resources.
All clotheslines collectors or other tvnes of enerev savine devic�s based o
renewable resources 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 prolubited
unless such clotheslines aze properly screened from the public streets and from adjoining
properiy. Fences or walls for the enclosure of clothes drying areas �_o__tl er enerev savin devices
may be erected to a maxim� height of siz feet s�s�es; provided, however, such constniction
is approved in advance by the appropriate authorities as to location on the property, the size of
the azea to be enclosed, and the height of the fence or wall.
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Sec. 78-286. - Stands for commercial pnrposes in park areas.
dividual sStands or open counters for the serving of food or beverages or other
commercial purposes may be erected or pemutted in landscaped public park areas after approval
by the village council. Such stands or open counters used in association with ViLlaee s�onsored
vents such as Green Market or Teaues a Fect shal be annroved throueh the narks and recreation
enartme
�ee�-iss�.
Sec. 78-287. - Coastal construction.
Construction in coastal areas of the village must comply with all of the ann�
provisions of the flood dama.ee urevent�� code of the village set forth in
article XII, �is�er�� of this chapter and any applicable coastal construction controls or
regulations as established by the state, and the cflnstruction 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. 7&288. - Recreation space.
In multiple residential developments where eight or more dwelli.ng units aze 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. 7&289. - Location of accessory bnildings.
(a) No accessory �e �g, eacept as otherwise provided by this chapter,
shall be located in the area between the front setback line of the ��
structure and the street line.
(b) Where the accessory structure �g is attached to the principal structure
� 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 restrictian sha11 not be atroli le to home
lowed nursuant to Div'. ion 7 of is �rki_cle.
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Sec. 7&291. - Timeshare uses.
No timesharing uses of any nature as defined by this chapter shail be permitted anywhere
withi.n the village.
Se�. 78-292. - Manufactured housing,
' , ufactured housing must comvl�t
with_the same aesthetic reauirementS a.c an� �rhPr structure or bui_ldin� in anv zanin� district �
� throughout the village.
Sec. 7&293. - Health care facilities and professional medical or dental o�ces.
(a) Heatth care facilides and medicai or denta� offices shalt be subject to the
following regulations: On-site dispensing of controlled substances that are identified in
Schedule II, III, N 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 prohib�tion:
(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 particulaz treatment session.
(2) A phannacist 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 caze facility for the
developmentally clisabled 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 administering or dispensing a controlled
substance to a person under the age of 16.
(5) A health care practitioner when dispensing a ane-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 au 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 taa receipt.
Failure or refusal to execute the required affidavit shall constitute prima fa�ie evidenc:e
that the subject medical or dental office is opetating 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. - Nnisances.
No use shall be made of any property within any � 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.
SeG 78-295. - Unenclosed nses in oommercial distrids; awnings and ot6er projections over
sidewalk or required ysrd area.
The following are conditions of operation for all permitted uses, accessory uses, and
special exceptions in C-1, G2, C-3, and the commercial portions of mixed use 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. Automohile pazking, and the fuel sales and dis�nsing 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
azchitechiral features may extend 48 inches over the sidewalk or nequircd yard azea,
provided it shall have nine feet of vertical clearance between any solid construction and
the sidewalk or yazd. Mazquees 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 minimu� of nine feet of vertical clearance between any
solid construction and the sidewalk. No projections shall be allowed in the required rear
yazd eacept open type fire esca.pes, 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 nat 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 consmiction 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. ?&296. -�ll-service fuel stafions or gas stations.
No full-service fuel station or gas station shall be er� 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. - Antomotive repair establishments.
(a) No automotive repair establishment shall be erected within the village unless the
establishment is located within the C-3 zoni.ng 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. - Establis6ments selling into�cating beverages.
All places of business selling intoxicating liquors, wines and beverages for consumptian
on the premises shall not be located within a 1,000-foot radius of any church, sch�l 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. — tion �d screening of emer�encv eenerators. air concL�tioners.
cimil9r m�9ni�1 ea ipment '
�.
lal Intent. e nur�ose and in_tent of this section is to vide regulations for the
'on and srreenin� of emergencv ¢enerators. air conditionin� eauinment 000l
uinment and similar mec i a1 eauinment for the cement of communitv
amenities of beautv and visu�l interest and to rnotect nublic health. safetv and welfare bv
nromotine noise control.
(b) Annlicabilitv. The reQUlations nrovided bv this sectio shall annlv within all
residential zoning districts wi i the villase. includine the residential nortions of the
use i.��n� district. on nronerties havin� or usin� emer�encv enerators. air
itioners. nool eauinment or simi� �echanical eaui_ ent. Portable eenerators are
z�ot subiect to the nrovisions of this sedion.
cl ReQUlaxions.
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Sec. 7&300. - Location and screening of dnmpsters.
(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 withia the village on properties having or using dumpsters for their
sanitation service. Temporary dumpsters, such as those which are placed on job sites
during consiruction activity, are not subject to the provisions of this section.
(c) Regulations.
(1) All dumpsters in the village shall be located on the pmperty 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 openi.ng. The
sufficiency of the access of the dumpster shall meet the �ncurrence of the village
and the franclused sanitation company.
(4) Screening shall be opaque in nature and be conslructed in conformity with
material approved by the Florida Building Code. A pernut must be obtained from
the village buildi.ng official prior to the commencement of construction.
(5) The s� �g of the dumpsters shall be of a material that blends
in with the architecture of the building, when possible. All screening must be a
minunum 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 locat� 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 dwripster
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 e�pense of the
owner.
(8) The regulations in this section cover all eaisting 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 nonconforniing dumpsters in the village shall be in
cflmpliance 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) Penalty. Any person violating the provisions of this section shall be subject to
code enforcement, including the penalties provided at Chapter 2 Article IV. �er�
Sec. 78-301. - Recyclable materials facilities for multifamily dwelling units.
Recyclable materia2 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 standatds:
(1) General standards. Collection and storage facilities shall be in accordance with
any specific requirements of the counry solid waste authority, the village's francluse
recycling servioe provider and these requirements and/or standards as set forth in this
section.
(2) Location. Recyclable material �llection and storage areas shall be located within
the building containing the multifamily dwelling units or within an accessory building
such as a pazking stiucture 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 collection and storage azeas 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
architeclural 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 m�t the requirements of the village's landscape code as set
forth at article 1X, division 4 of this chapter.
(6) Storage area s� 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 sha11 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
12
waste authority, the village's franchise service provider and the village, and, if approved,
shall be substituted for a recyclable materials storage and oollection plan meeting the
express colle�tion and storage area, requirements and standards of this section.
(8) Review of plarrs. Recyclable materiai 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 pazking spaces to
accommodate a recyclable material storage struc�ure meeting the requirements of this
section and, additionally, in accordance with the following standards:
a. Number of parlring spaces to be converted The number of czisting ofF
street parking spaces converted shall not exceed the minimum number of
collection and storage azeas necessary to pmperly 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. 7&302. - Underground utility service.
(a) All utility service lines within any zoning district of the viUage 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 greaxer 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 pennit by the building ofFcial.
Sec. 7&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. .
13
Sec. 7&304. - LP tanlc sales.
Businesses with addresses that firont 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 perniitted through the building
department, in addidon 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 azmual basis in
conjunction with payment of the business's annual business tax required by 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
c ter 70 article N, division 2 of the Tequesta Code of Ordinances.
(4) All LP tank sale facilities shall comply with all applicable building and fire codes,
as deternuned by the building official and the fire chie£
Secs. 78-30�-78-330. - Reserved.
Sectioa 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 regulatians 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
accordi.ngly; providing that Chapter 78. Zoning. Article IX. Supplemental Regulations. Division
5. Wireless Telecommunication Towers and Antennas. shall hereafter read as follows:
ARTICLE IX. SUPLEMENTAL REGULATIONS
DIVISION 5. - WIRELESS TELECOMML�TICATION TOWERS AND ANTENNAS�
AIYD SATELLITE DLSHE.S
Sec. 78-441. - Puraose.
Sec. 78-442. - Definitions.
Sec. 78-443. - Avalicabilitv.
Sec. 78-44+4. - General requirements.
Sec. 78-445. - Permitted uses.
Sec. 78-446. - Special exceptian uses.
Sec. 78-447. - Equipment storag.e for antennas mounted on structures or rooftops.
Sec. 78-448. - Equipment storage for antennas located on towers.
Sec. 78-449. - Antennas mounted on utility poles or light poles nrohibited
14
Sec. 78-450. - Removal of abandoned antennas and towers.
Sec. 78-451. - Nonconfor�minguses.
er. 78 - Sate li� c_iic svstems and �cfi�c_
Secs. 78-43� �53-78-480. - Reserved.
Sec. 78-441. - Parpose.
The purpose of this division is to establish general guidelines for the siting �
cons� of wireless communications towers. satellite dishes and antennas. The goals of this
division are to: �
(1) Protect residential azeas and laad uses from potential adverse impacts of towers
atellite dishes and antennas;
(2) Encourage the location of towers in nonresidential areas;
(3) Minimi�.� �e 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
azeas where the adverse impact on the community is mini.mal;
(6) Encourage users of towers. satellite dishes and antennas to configure them in a
way that minimi�EC the adverse visual impact of the towers and antennas through cazeful
design, siting, landscape screening, and innovative camouflaging techniques;
(7) Enhance the ability of the providers of telecommunications services to pr�ovide
such services to the cammunity quickly, effectively, and efficiently;
(8) Consider the public health and safety of communication towers; and
(9) Avoid potential damage to adjaoent properties from tower failure tluough
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, eaisting land uses, and environmentally sensitive areas in
approving sites for the location of towers and antennas.
Sec. 78-442. - Def'uutions.
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 cleazly indicates a different
meaning:
Alternative tower structure means manmade trees, clock towers, bell steeples, and similar
alternative-design mounting structures that c�nouflage or conceal the presence of antennas or
towers.
Antenna means any eaterior stealth designed device used for transmitting and receiving,
mounted ' ie eround. on a tower, alterna.tive tower structure, building or struchu�e 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. e definition also does not include satellite '. h as defined betow.
Backhaul network means the lines that connect a provider's towers/cell sites to one or
more cellulaz 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 pmvide 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 refeiring to a tower ar 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 vf Ordinance No. 531,
including pennitted towers or antennas that have not yet been construc�ted so long as such
approval is current and not expired.
�ellite dish means anv n abolic or snheric 1 antemia which receives television or other
si�aL.c from orbiting satelLit�c=
Stealth design means a method that would hide or conceal an aatenna, 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 unobttusive as possible.
Tower means any ground mounted structure that is designed and cflnstruct� primarily
for the purpose of supporting one or more antennas for telephoae, radio and sunilar
communication purposes, including self-supporting lattice towers, guyed towers, or monopole
towers. The term includes radio and television traQSmission towers, microwave towers, common-
carrier towers, cellular telephone towers, alternative tower structures, 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 requirements of this division, other than the requirements of
section 78-44�4(e) and ( fl.
(c) Antennas operated and controlled by vildage. Antennas operated and controlled
by the village another �overnmental entitv, ' and that aze
approved by the village council, shall not be required to meet the requirements of this
division.
Sec. 78-444. - General requirements.
(a) Permitted docations.
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 viilage'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 instailation of an antenna
or tower on such lot.
16
� - ite locati . of anv antenna.. re�at le of tvce. size. nlacement or
method of attachment hal be nrohibited. excent for those antennas which are
onerated bv a�overnmental a¢encv. nnroved bv a governmental
�encv. or onerated for a governmental use. subiect to villa�e council aunroval.
(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 calor 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 nlannin¢ and zonine advisorv ee�
� board andlor the village council, as anvronriate �hev�is
�•
(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.
4) LandscaninQ. The followin� reauiremen shall eovern e landscanine
�urrounding towers and antennas:
Tower and antenna facilities shall be landscaved with a buffer of
nlant materials th_�t effer±ivelv scree�s t1�e view of the comnound &om
uroaertv used for residences. The standazd buffer shall consist of a
l�ndscaned strin at least four feet wide outside the nerimeter of the
comn ound. The minimum landsc�nine within the buffer �hall be a
continuous four-foot-high hedge at the time of nlantin ansi havin¢ an
�ltimate height of six feet. and one tree_ 12 feet in heisht at the time of
vlantinQ. everv 251ineal feet.
b. Existine mature tree growth and natural land forms on the site shall
be nreserved to the maximum extent nossible. In some cases. such as
wers sited on lar�e. wooded lots_ natural arowth around the nronertv
n�rims�er mav be a s�f_ficient buffer. �
(d) Lighting. Towers and antennas shall not be artificially lighted, unless requit�ed 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 eaceed
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 snch towers and antennas into compliance with such
revisad 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, staie 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 «�des and the
applicable standards for towers that are published by the Elecxronic 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
standazds 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
�mpliance 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 applicabiliry 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 grivate 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.
1 Securitv enclosure. Towers hall be enclosed with a securitv enclosure not less
ix feet in heieh� and towers shall also be eaui� with an aunrovriate anti-
limbine device. The nse of bazbed and/or razor wire hall be vrohibited.
(ml Antenna height. Antenna hei�htc chall l�e as follows:
Cround-mounted antennas of anv tvne shall not exceed 40 feet above
gr�de within anv zoning cLstrict. (Government facilities are exemnt from this
�vision subiect to villaee council av�roval.)
_
(2) Roof-mounted antennas of anv tvoe shall not exc�ed 20 feet above the
roofline of anv on-site buildi.ng which mav be located unon the narticular nravertv
r narcel of land. (Government facilities are exemnt from this vrovision subiect to
villa¢e council annroval.)
(31 Tower mounted ante��s sh_al not be subiect to the hei�ht limitations set
forth herein.
18
�1 Tower setbacks The follc�wing setback reaui�emens shall annlv to all towers:
(1) Towers must h� set back a distance eaual to at least 110 nercent of the
eight of the tower fronn anv adio'n'nQ rn i�3r erciallv zoned nronertv lot line.
(21 Towers must be set back a distance eaual to at least 130 nercent of the
height of the tower from anv adioi�¢ residentiallv zoned uronertv lot line.
(3) Guvs and accessorv bu�d'�s must satisfv ihe minimum zonine district
setback_ reauirements.
) Tower senaration. The fo lo 'n¢ senaration rea ' ements shall anulv to all
�owers: Senazation distancec hetween towers ch 1 be annLcable for and measured •
etween the nronosed tower and ureexistin¢ towers. The senaration i. tances shall be
ured bv drawing or followin� a ctr��t line between the base of the existinQ tower
the nrovosed base. nurs�,anr to a ite nlan of the �ronosed tower. 'lfie senaration
�istances (listed in linear feet) shall be . hown in table 1.
T 1
� e towers—Tvnes
tti � Mononole 75 Mononole i��
eet in Heisht Than 75 Feet in
or r �
� � � � ��
� � � � �
Mononole 75 feet in height � � � �
o r
Mononole le s than ?5 feet 75Q 7�(5 �Q5 7�Q
in height
Sec. 78-445. - Permitted ases.
. Antennas or towers located on property owned ar 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 spac�e, and other such regulations. In the
event of conflidine reauirement between tlus division and district snecific
�visions. the more restri 've reauirement shall �overn.
(3) Prior to the granting of a building permit for the construction of a tower, a duly
noticed and advertised public heazing 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 locatsd. These
19
notice and public heazing requirements shall not pertain to the placement of antennas Qt
satellite dishes.
(4) This section �ses-aeE permit the placement of towers or
antennas by the lessee on property leased from the village.
Sec. 78-446. - Special ezception nses.
(a) General standards Antennas or towers located on nronertv that is not owned or
1 bv the villa�e within the commercial zoni district of the viLlaee are a snecial
exceution use. Snecial excention avoroval for towers and antennas shall be reauired for
t.�e construction of a tower or the nlacement of an ante�a on nrivatelv owned rnovertv in
the commercial �o�n� districts of the villa�e. For nurooses of this division. the mixed-
e zoninQ district of the villaEe shall be considered residential. wherein towers and
tennas are rnohibited. 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, the event of conflictin�
t�c�irements betwe�n this division and district snacific oode nrovisions. the more
restricdve reauirement shAl govem.
(2) � ,
(3) Applications for special exception approval under this section shall be
subject to the procedures and requirements of azticle IX, division 3 of this chapter,
eacept as modified in this division.
(4) In granting a special exception approval, the village council may ixnpose
conditions to the extent the village council concludes such canditions 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, meehanical, 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 nodce 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 � land uses and zoning,
20
adjacent land uses and zoning (including when adjacent to other
municipalities or unincorporated areas), comprehensive pl� future land
use designation of the site and all properties within the applicable
separation distances set forth in Section 7�,-�0)
sec�ie�, 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 tra�t and leased pazcel (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 constiuction 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�ed �� s�aled � statement by the applicant's engine�r
as to whether construction of the tower will ac.commodate 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 pmvide the services to be provid�d 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 deterniin.ing whether to
approve a special exception:
a Height of the proposed tower or antenna;
b. Proximiry of the tower or antenna to residential structures and
residential d.istrict boundaries;
c. Nature of uses on adjacent and nearby properties;
d. Surroanding topoSraphy;
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 etiminating visual
obtrusiveness;
g. Proposed ingress and egress; and
h. Availability of suitable existing towers, antennas, other stiuctures,
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 altemative 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 suffiicient 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
equipmen�
d. The applicant's proposed antenna would cause electromagnetic
interference with the antenna on the existing towers or structures, or the
antenna on the eaisting towers or structures would cause interference with
the applicant's proposed antenna.
e. The fees, costs, or contractual provisions required by the owner in
arder to share an existing tower or structlu�e or to adapt an existing tower
or structure for sharing are unreasonable. Costs excceding new tower
develapment 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 altemative 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.
��
22
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23
Sec. 78-447. - Equipment storage for antennas mounted on structures or roofitops.
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 c�ntain 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) ff 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. 78-4�8. - Equtpmeat storage for antennas located on towers.
The related unmanned equipment structure for antennas located on towers shall not
contain more than 350 squaze feet of gross tloor 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 moanted on ntility 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 tlus 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
nanconforming use or structure.
(b) Preexisting towers shall be allowed to continue their usage as they presently eaist
pursuant to article N of this chapter. Routine maintenance (including replacement with a
new tower of like construction and height) sha11 be permitted on such preexisting towers.
New construction other than routine maintenance on a preexisting tower shall c�mply
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
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�h � � �1
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 ar 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 incarporate this
ordinance into the existing Code of Ordinances of the Village of Tequesta.
Section 7: This ordinance shall take effect ixnmediately upon adoption.
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