HomeMy WebLinkAboutDocumentation_Regular_Tab 04B_11/18/1993 ,
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y' O� ; ; VILLAGE OF TEQUESTA
DEPARTMENT OF COIvtMUN1TY DEVELOPMENT ,
� Post Office Box 3273 • 357 Tequesta Drive �
� 3 � Tequesta, Florida 33469-0273 •(407) 575-6220 ��
; ° Fax: (407) 575-6203 "
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MEMORANDUM 0� S
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T0: Thomas G. �radf ord, Vi 11 age Manager
FROM: Scott D. Ladd, Building Off icial �
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DATE: November 8, 1993
SUBJECT: Draft Ordinance Creating New Mixed-Use <MU> DistLict
within the Villaqe Center Master Plan Area. �
Tom, attached are seventeen t17) copies and the oriqinal red line
copy of the proposed final draft ordinance creating a new mixed-
use <MU> zoning district. Also attached are eighteen <18) copies
of a map that outlines the Village Center Master Plan area that
would becQme the new mixed-use <MU> district upon final readinq
and adoption of this proposed ordinance.
Please place this proposed final draft ordinance on the agenda of
the November 18, 1993 Village Council meeting for first reading.
Thank you.
SDL: j mm
Attch.
Recycled Paper
� VILLAGE OF TEQUESTA
A
a 7
DEPARTMENT OF COMMUNITY DEVELOPMENT
' Post Office Box 3273 • 3S7 Tequesta Drive
�� � � Tequcsta, Florida 33469-0273 •(407) 575-6220
; ° Fax:(407)575-6203
A 4
f ��N COUH
MEMORANDUM:
T0: T2iomas G. Bradford, Villaye Manager
FROM: Scot t D. Ladd, Bu i 1 d i ng Of f i c: i a 1 `�
N/�
DATE: October 8, 1993
SUBJECT: Draft ordinance to create new Mixed-Use <MU> District within
the Village Center Master Plan area.
Tom, attached are ten <10> sets of packete containinq a copy of the
proposed draft ordinance creating a new mixed-use <MU> zoninq
district, a map of the Villaqe Center Master Plan area, and a map of
the entire Villaqe hiqhliqhting the proposed mixed-use <MU) zoning
district.
This proposed draft ordinance is the result of more than thres years
of work by the Villaqe Council, Villaqe staff, planninq consultants,
Villaqe Attorney, and th� Downtown Task Force. The draft ordinance is
a modified version of the oriqinal draft ordinance that I prepared
three years aqo and the draft ordinance that our former planning
consultants, Dover-Kohl & Associates, prepared for the Village.
The propesed draft ordinance is much shorter than the final draft of
the Dover-Kohl doaument mainly because it does not contain the verp
complioated and controversial performance standards, property
standards and architectural standards that were in the Dover-Kohl
draft ordinance. What Villaqe staff and the Village Attorney
attempted to do with the modified version was to incorporate some of
the purpose and intent, scope, qeneral requirements, desiqn grinciples
and desiqn obaectives of the Dover-Kohl document with much more
realistic property development standards and, with the exception of
dwellinq unit density and building heiqht, •'total" flexibility with
regard to neqotiatinq between the developer/owner and the Villaqe the
mix and intensity of uses and the propertp development standards.
This commitment to "flexibility" is set forth as follows:
o Sect ian 1. , Paraqraph 8. . Paqe 2, within the def init ion for
planned mixed-use development <PMUD>
o Sect ion 4. , Subsect ion C 9), Paraqragh < b> , Paqe 4, Scope of
District
o Sect ion 4. , Subsect ion < 9> , Paraqraph t q) , Item 1. f, Paqe 7,
Desiqn Ob�ectives
o Section 4., Subsection <m>, Page 9, in the opening statement
regardinq property development standards.
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; ORDINANCE N0. ��
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I AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
� TEQUESTA. PALM BEACH COUNTY. FLORIDA. AMENDING ZONING
� ORDINANCE N0. 355, AS AMENDED. BY AMENDING SECTION IV,
I! DEFINITIONS. BY . AMENDING AND/OR ADDING CERTAIN
ii • DEFINITI4NS; BY AMENDING SECTION V, ESTABLISHMENT OF
, DISTRICTS AND OFFICIAL ZONING MAP; BY ADDING AT
iI SUBSECTION <A>, A NEW MIXED-USE DISTRICT; BY AMENDING
� SEGTION VII. SCHEDULE OF REGULATIONS AND APPLICATION OF
� REGULATIONS, BY ADDING DISTRICT MU AT SUBSECTION <C>,
SCHEDULE OF SITE REGULATIONS; BY AMENDING SECTION VII,
SCHEDULE OF REGULATIONS AND APPLICATION OF REGULATIONS,
SUHSECTION <D>, SCHEDULE �F DISTRICT AND USE
REGULATIONS, BY ADDING NEW PARAGRAPH (9>, MIXED-USE
� DISTRICT; BY AMENDING SECTION VIII, OFF-STREET PARKING
'� AND LOADING REGULATIONS; BY AMENDING SECTION X,
SUPPLEMENTAL REGULATIONS APPLYING TO A SPECIFIC, TO
SEVERAL, OR TO ALL DISTRICTS, SUBSECTION tJ>, SPECIAL
EXCEPTION USES. PARAGRAPH <2>, CRITERIA. BY ADDING A NEW
REQUIREMENT <h>; SUBSECTION <M>, SITE PLAN; PREREQUISITE
TO BUILDING PERMIT ISSUANCE, BY AMENDING PARAGRAPH <1);
PROVIDING FOR SEVERABILITY; FROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.
BE IT 4RDAINED BY THE VILLAGE COUNCiL OF THE VILLAGE OF
TEQUESTA, FALM BEACH COUNTY, FLORIDA. AS FOLLOWS:
Sect ian 1. Def init ions. Sect ion IV of the Off ic ial
Zoning Ordinance of the Villaqe of Tequesta, Ordinance No. 355,
as amended, is hereby amended by addinq new and or revised
definitions as follows:
1. Mixed-Use District. Mixed-use districts are urban
or suburban areas physically understood and limited
in size where rssidences, shops, workplaces, and
places in which streets serve the needs of the
pedestrian and the automobile equitably; areas
providinq parks and plazas f or inf ormal social
activity and recreation; areas in which private
buildings form a clear edge between the public and
the private realms; places where civia buildinqs and
squares reinforce the identity of the neiqhborhood.
2. Personal Services. Establishments primarily enqaqed
in providinq services that involve the care of a
I pezson or his or her appearance. Such services may
include, but are not necessarily limited to, beauty
parlors, shops or salons, barber shops, massaqe
parlors, or any similar use that does not involve
the sale of anp retail product.
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j 3. :mall Scale Retail 8ales & Service. Retail and/or
sc�rvice uses that are local <Villaqe> serving in
nature as opposed to larqe scale retail sales and
' services which are regional servinq in nature.
Small scale retail sales and services shall not
exoeed 3500 square feet in gross leasable area for
� each tenant area or individually owned unit.
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4. LarQe Scale Retail Sales & Service Retail and/or
service uses that are regional <beyond Villaqe
limits> servinq in nature as opposed to small scale
retail sales and services which are local <Village>
servinq in nature. Large scale retail sales and
� services are tenant areas or individually owned
units in excess of 3500 square feet.
5. Bed and Breakf ast. Moet traditional neiqhborhood
ordinances provide a site for the location of a
small hotel under "lodqinq". These are buildinqs
providinq fovd services and rooms for short term
lettinq. It is not intended as a larqe strip motel
or urban luxury hotel, but rather as a small town
inn of the kind enjoying resurqence all over the
country.
� 6. Railwav Station. Most pedestrian pocket ordinances
provide a reserved site for the location of a
railway station under "Transportation Buildinq".
These are buildings for passenger mobilization, food
services, and premises for the repair, assembly or
fabrication of artifacts may also be allowed as
complementary functions within the same structure.
It is not intended as a plastic terminal building of
the kind f ound in most suburban bus stations but as
a permanent structure that diqnifies our existence.
7. Public Buildinas and Facilities. Any buildinq held.
used, or controlled exclusively for public purposes
by any department or branch af qovernment, federal,
state, county or municipal, without reference to the
ownership of the building or land upon which it is
s ituated.
8. Planned Mixed-Use Development tPMUD>. A unified
development process that permits a mixture of land
uses to develop in a creative, vital and diverse
way. Residential, commercial and public buildinqs
and f acilities are the primary uses in this
deveiopment appraach. Neiqhborhood identitp is
emphasized in mixed-use areas and responsible use of
the environment and natural features is required.
All modes of traffic, includinq vehicular,
pedestrian, and biGycle are inteqrated into and
connect various uses. The mix and intensity of uses
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and the Property Development Standards <with the
exception of buildinq heiqht which is limited to a
maximum six stories or 84 feet> can be fully
neqotiated with the Villaqe to provide optimum
development fl�xibility in mixed-use areas.
9. Villase ServinQ. Establishmsnts principally
oriented to servinq the needs of Village gersons
which would not substantially rel,y upon the
patronaqe of persons not defined as Villaqe
persons. Village serving establishments, by
def inition, would typically contain thirty-f ive
hundred <3500> or less square feet of interior qross
leasable area <GLA> and would not engaqe in
advertising designed tv attract other than Village
persons.
10. Flea Market. An occasional or periodic sales
activity held within a buildinq, structure, or open
area where groups of individual sellers offer qoods,
new and used, for sale to the public, not to include
private qarage sales or special indoor/outdoor
events, i.e.; cultural events, arts and crafts fairs
or bazaars and charitable events.
Sect ion 2� Sect ion V of the Off icial Zoninq Ordinance
, of the Villaqe of Tequesta, Ordinance No. 355, as amended, is
hereby amended by adding a new use district at Subsection <A>
identified as use district <9> to read as follows:
<9> MU - Mixed-Use District.
Section 3._ Section VII, Schedule of Requlations and
Application of Regulations, is hereby amended at Subsection <C>,
Schedule of Site Requlations, by adding district MU ta the
schedule as follows:
District
MU <See sgecial generay requirements, regulations, desiqn
principles, desiqn ob�ectives, and development standards
that apply in this district as set forth at Section
VII< D> < 9> of these regulat ivns. >
Section 4. Section VII, Schedule of Requlations and
Application of Regulations, is hereby amended at Subsection <D>,
Schedule of District and Use Regulations, by adding new
paragragh <9), Mixed-Use District, as f ollows:
(9> MU - Mixed-use District.
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;� ia> Tiie purpose and inter�t of the mixed-use dist=ict
;� is to establish a Villaqe Center which creates a
�' vital, diverse core foL the principles which
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�! utilize mixed-use development concepts and which
;� permit a combination of usually separated uses
�f within a unified development district area.
Natural features should be enhanced and
!i environmental conditions carefully assessed.
' Commercial uses are intended to be limited to
specialtp small scale retail sales and services,.
�� business services and professional services
�; primarily desiqned to serve residential
neighborhoads of the Village. Orientation to
I and compatibility with neiqhborhoods to be
served are essential. Residential uses are
�) intended to encourage the accomplishment of a
i more complete residential living environment
throuqh the application of imaginative
i approaches to community development which
establish neighborhood identity and focus
I � consistent with values of the Village of
i Tequssta. It is f urther the purpose and intent
�, of this area to provide lands for a ranqe of
i residential uses from lower density sinqle-
family to higher density residential uses.
Traffic circulation should not only accommodate
vehicular traff ic, but provide for the eff icient
movement of gedestrian and bicycle traffic.
tb> Scope of District.
1. Althouqh mixed-use development groduced in
comgliance with these provisions and
requirements and other requlations as set
I forth and detailed in this Zoning Ordinance
may depart from the strict application of
� property development requlations expressed
I � in this Ordinance, such develogments are to
I� be in compliance with the Villaqe of
� Tequssta Comprehensive Development Plan and
� platted of record in accordance with the
procedures for approval of subdivisian plats
in the Villaqe of Tequesta Subdivision
Reqvlations. The mixed-use develogment
grovisions set forth in this Section shall
be utilized as a guideline in the review of
all f uture development proposals for the
special planning area as identifisd in
� Pol icy 1. 12. 1 of the Future Land Ose
II Element, as desiqnatsd on the Future Land
Use Map contained in the Village of Tequesta
Comprehensive Development Plan and as
identified on the Villaqe of Tequesta
Comprehensive Zoning Map as District MU.
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`� < c> Conf 1 ict with Other Appl icable Reyulat ions.
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II 1 . Where conflicts exist betwsen these mixed-
�I use district special Legulations and qeneral
�� zoninq, subdivision and other applicable
j ordinance provisions, these special
� regulations shall apply.
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� <d> General Requirements and Special Regulations.
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1. The followinq general requirements and
special regulations shall apply to planned
mixed-use development within the mixed-use
(' district:
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� a. Location. A glanned mixed-use develop-
ment is germitted only in the special
planning district identified by Policy
� 1.12.1 of the Future Land Use Element,
ae desiqnated on the Future Land Use Map
contained within the Villaqe of Tequesta
Comprehensive Development Plan and as
identified on the Village of Tequesta
, Comprehensive Zoning Map as District MU.
b. Conf iqurat ion of Site. Any tract of
land for which a planned mixed-ues
I development application is made shall
contain suff icient width, depth, and
( frontage on a publicly dedicated
arterial or ma7or strest or.appropriate
access thereto to adequately accommodate
its proposed uBe and desiqn.
c. Unity of Title. All land included f or
, purpose of development within a planned
I mixed-use development shall be under
Unity of Title of the petitioner for
� such zoninq designation, whether that
petitioner be an individual, partnershig
or corporation, or a qroup of
individuals, partnerships or
corporations. The petitioner shall
� present firm evidence of the Unity of
I Title of the entire area within the
proposed planned mixed-use development
and shall state aqreement that, if he
proceeds with the proposed development,
he wi11:
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� ili Dv eo in accord with the afficially
� app=oved site plan of the
I � development, and such other
condit ions or modif icat ions as may
�i be attached to the approval.
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' <2> Provide agreements, covenants,
I � contracts, deed restrictions or
sureties acceptable to the Village
for completion of the undertaking in
� accordance with the approved site
! plan as well as for the continuina
� operation and maintenance of such
I areas, functions, and facilities as
� are not to be provided, operated or
maintained at peneral public
expense.
<3> F3ind his development successars in
title tu any, commitments made under
( 1) and < 2> above.
d. Dens ity. For the purpose of this
provision, if dwelling units are to be
developed as part of a planned mixed-use
development, the total number of
( dwelling units permitted in the mixed-
� use district shall be computed on the
basis of eighteen (18> dwellinq units
� per gross acre.
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s. Building Heiqht. The maximum buildinq
height allowed shall be six <6> stories
or e i ghty-f our f eet ! 84' ) above averaqe
finish grade.
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� <e> Site Plan Review.
( In adherence to Pol icy 1. 12. 1 of the Vil lage of
' Tequssta Comprehensive Development Plan Future Land
Use Element, all progased devel�pment plans far the
mixed-use element shall �e sub�ect to review and
approval by the Village Council.
� tf) Urban Desiqn Principles.
1. The following urban design principles shall be
�� ` strictly adhered to in all development grogosals
�I of the mixed-use district.
a. That mixed-use promotes economic and social
we 11-be i nq .
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;i b. The streets serve the nesds of the
' pedestrian and the automobile.
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;� c. That proposed equares and plazas provide
� collective identity and a place for social
�� activity and recreation.
� d. That public buildings, facilities, and
i epaces are symbols of the community and
convey identity and pride through their
� architectural clarity and civic functions.
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, e. That carefully placed buildinqs delineate
j) and define public spaces and lots and
i blocks.
' f. That street6 are desiqned and act as
amenities to the development and as quality
public space.
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I <g) Urban Design Ob�ectives.
I 1. The follawing urban design obasctives shall be
I quidelines in all develogment proposals of the
mixed-use district.
a. To bring many of the activities of daily
living, includinq dwellin,q, shopping and
othar activities, within walkinQ distance.
b. To reduce the number and lenqth of
automobile trips to relieve traffic
congestion.
c. Ta provide internal vehicular cirGUlation to
relieve traffic impact on arterial roads.
d. To grovide defined public spaces and strests
� that allow the citizens to observe and watch
over the collective security.
e. To provide sites f or civic buildings.
f. To grovide flexibility for the development
strategies that evolve over time.
<h> Permitted Uses.
1. Single-family dwellinqs.
2. Two-family dwellinqs.
3. Multiple-f amily dwellings.
� 4. Small-scale retail sales and service.
* 5. Business services.
� 6. Profess ional services.
� 7. Personal services.
8. Recreation/Open Space.
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i * Maximum 3500 square feet qross leasable area allowed
� for each tenant area or individually owned unit.
I < i> Special Except ion Uses.
� 1. Restaurants <includinq carry—out>
2. Public buildings and facilities.
3. Church/House of Worship.
4. Civic/cultural/institutional.
5. Bed and breakfast.
b. Hotel
7. Adult conaregate livinu facility <ACLF>.
8. Gasol ine service stat ion < only front inq on U. S.
Hwy. One>.
9. Private clubs.
10. Railway station.
11. Permitted Uses Numbers 4. 5. 6. 7& 8 in excess
of 3500 sguare feet <large scale retail sales
and services>.
<j> Accessory Uses.
1. Any accessory use customarily incidental to a
permitted use.
2. Frivate qarages, swimmin_q pools, spas and hot
tubs, cabanas and saunas, greenhouses, tennis
courts, clubhouse, utility buildinvs, gazebos,
and any other similar use deemed agpropriate by.
the Building Official.
<k> Planned Mixed—Use Development <PMUD>.
1. Reguired for all permitted, special exception.
and accessory uses within the mixed—use district
except lots or parcels of less than three <3>
acres.
<1) Prohibited Uses.
1. Wholesale.
2. Warehouses.
3. Car wash tthat ie not an accessory use>.
4. Motel.
5. Motor vehicle dealer.
6. Pawn shop.
7. b'ull service fuel station/gasoline service
stat ion.
8. Flea markets — indoor or outdoor.
9. Automobile repair facilitiss, includinq qaraqes
and body shogs.
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10. Kennels or pet hospitals with boardinc7
facilities.
i 11. Any other use or structure not 6pecifically or
I bp reasonable implication permitted herein as a
� permitted use, special exception u6e or
�; accessory use.
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�) (m> Property Development Standards.
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� Property development standards for the mixed-use
district shall be as set forth below. However, as
� part of the review and approval process by the
� Village, the Villaqe Council may modify the propertp
development standards, at its discretion, provided
the spirit and intent of the regulations and
standards are comglied with in the development of
,I the mixed-use district.
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1. Parking Reguirements. On-street and off-street
parkinq shall be allowed within the mixed-use
district and the minimum number of required
parking spaces to be provided may include a
combination of on-street and off-street spaces.
When using on-street parkinq to meet a portion
� of the required parking for a proposed project,
� only those spaces that lie within the street
frontaqe areas of the property may be included
in the total calculations f or meetinq the
minimum required parkinq requirements.
2. Streetslftights-of -Way. The minimum width of
I riqhts-of-ways within the MU district are as
I follows:
I a. Major street <collectar street> - Fifty <50' ) fest.
�� b. Minor street <collector street> - Fifty <50' > feet if
two-way street.
Forty-two <42') f eet
if one-way street.
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� 3. Drainaqe tstrests/rights-of-way>. Raised curb
and c�utter drainage systems shall be the
pref erred method utilized within the MU
district. Alternate drainage systems shall be
approved at the discretion of the Village
Council during the site plan review process for
a proposed planned mixed-use development <PMUD>.
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4. Schedul� of Site Requlations.
a. Minimum lot size: 3200 equare test .
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I b. Minimum lot width: 40' <feet)
c. Maximum lot coverage:
�i Reeidential - 62� <percent>
� Commercial 60Rs <percent> fvr a single
� minimum sized lot.
I ' - 70� < percent> for two or more lots
or parcels in excess of the
' minimum sized lot under unity-
� of-title.
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� d. Minimum front yard setback:
Residential - 10' <feet>
i Commercial - 0' tfeet>
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( e. Minimum side yard setback:
I Residential - 0' {f eet> on one side
i 7' <feet) on remaininq side
I Commercial - 0' <feet> on both sides where
commercial abuts commercial
7' <feet> where commercial abuts
residential
f. Minimum rear yard setback:
I Residential - 10' (f eet)
Commercial - 0' tfeet> where commercial abuts
commercial
- 10' (feet> where commercial abuts
( residential
q. Minimum livinq area requirements: Not applical�le.
h. Minimum landscaped/open space:
Residential - 25� <percent>
Commercial - 25� <percent>
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Section 5. Section ViII. Off.-Strest Parkinq and Loading
Reguiations, is hereby amended at Subsec.tion (H), Off-Street
� Pazkinq Space Requirements, by amending Subsection <H> to read
� as follows:
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(H> Off-Street ParkinQ Space Requirements. <Certain of
I these requirement6 may be in conflict with the
i special parkinq requirements set f orth in the
' Property Development Standards for use within the
� MU, Mixed-use District. Where a conflict exists,
i i the Property Development Standards of the MU
� District shall apply.>
; Section 6. �ectian X. Supplemental ReQUlations applyinq
��to a specific, to several or to all districts, is hereby amended
i at Subsection <M>, Site Plan; Prerequisite to Building Permit
II issuance, by amending Paragraph < 1> to read as follows:
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� ( 1> Site Plan Review. By the terms of this �rdinance.
all germitted uses in all zoning districts, except R-
i � lA and R-1; all special exception uses as approved
�I by the Villaqe Council; all plannad residential
I development <PRD>, planned commercial development
<YCD), planned mixed-use development <PMUD>; all
i miscellaneous development and redevelopment, all
I subdivisions; and, all uses or construction lyinq
partially or entirely in special flood hazard areas
II shall:
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Section 7. Severability. If any provision of this
Ordinance or the application thereof is held invalid, such
invalidity shall not affect the other provisions or applications
of this Ordinance which can be qiven effect without the invalid
provisions or apglications, and to this end, the provisions of
this Ordinance are hereby declared severable.
� Section 8 . Codification. This Ordinance shall be
�' codif ied and made a part of the Off icial Code of Ordinances of
I the Village of Tequesta.
I Section 9. Eff ective Date. This OrdinanGe shall take
�effect immediately upon its passage and apgroval, as provided by
� law.
i THE FOREGOING ORDINANCE was off8red by
Councilmember , who moved its
adogtion. The Ordinance was seconded by
Councilrnember . and upon being put
to a vote, the vote was as follows:
F ADOPTION AGAINST ADOPTION
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i T2ie Mayor thereugon declared the Ordinance duly passed
i and adopted this _. dap of __ . 1993.
il MAYOR OF TEQUESTA
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Ron T. Macka i 1
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Viilaqe Clerk ~
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� \ PALM BEACH COUNTI
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