HomeMy WebLinkAboutDocumentation_Regular_Tab 10A_02/10/1994 FEB-14-'00 TUE 18:18 ID: TEL N0: �098 P14
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Attor�oy Rando�.ph was also conaerned by the Village councfl's
de�ire to rezaovo the definition of "Village 8ervingn. xQ felt
that Without a definition of Village S�rving to serve ats a
quideli�e ae� tv �hen a spavial exception wvuld be granted, the
Ordinnnae would not withstand a lsgal challenge fn the event
�omeone who had met the guidel�nes of the OrdinAnce weze to
come torward Por a gpacial exception. It was hie suqgestion
that the dePinitian af Village Serving not be re.lpoved.
l�tter a very lengthy diacus�ion regarding the two above-
reterenGed issuee� a motion was made.
Couacilmrmber coliinq� movad to approve 465 ob tho �eaond
Fir�t R��ding, With tbe foi�o�rinq am�ndmenti:
� o Section a(9)(b� Scope of Distria�, exchange th� words
i . .s�nt�ide�red as a guideline. . . �+ with ��.. .3�tilis�a..��.
o gection 4(9)(f)1, �.an b��i add the ward
��...a� qy�del3n�s..�� after ".. .shall be conaidered..��.
o Se�ticn 4(9) (g)1, urban Desiqn ob�ective�, add the wards
"...a■ QaiQeifnea...�� a�ter "...�hall.be coneidered...h
o section 4{9)(i)13 special Exce tR ion uses, after "...
serv�..." add the worde� +�...Kbich. ar• in �o�nlormitv
vit1� th• intent and int• r tX ot the aiotr�at.��
Counailmomb�r scbauar e�dohde� ths motiaa. Th� vote on the
motion ras:
Ron �. xaaksil - for
llilliam Z. Burokart - !or
Lis echauer - !or
Etrl L. Colli�g� - for
Joesph �T. �aprptta - for
tb� motion Mes th�re�ore paased and adoptea.
e) ordinsaoe 466 - seoond R�adfng - waenaing Chapt�r z o�
th� Code of ord�,aanai$ Haal�h +nnd 8aaitation, at Beot�on
10-Se, sections (�), (b) salt (d) Aelatinq to �Talavlul
art�wtb; nmend�,aq 8sction� io-sg and �p-20, Rvlatiag to
periada ot Tim� Rithin Ahicb to �bat• violatioaes
Providinq �,m�ndmen�s so ae� to provido �otiao to
�dortqnq��s c! Roaor�. (statf R�oommend� l�ppraval).
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i7RU I N AN G� N 0. ___...--- __._._...�_._. �
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AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGF Qf�i
TEOUESTA, PALM BEACH COUNTY. FLORIDA. AMENDING ZONING
ORDINANC� N0. 355. AS AMENDED. BY AMENDING SECTION IV,I
DEFINITIONS BY AMENDING AND/OR ADDING CERTAINi
DEFINITIONS; BY AMENDING SECTION V, ESTABLISHMENT OF�
DISTRICTS AND OFFICIAL ZONING MAP: BY ADDING AT
SUBSECTION <A>. A NEW MIXED-USE DISTRICT: BY AMENDING�
SECTION VII. SCHEDULE OF REGULATIONS AND APPLICATIQN OF�
REGULATIONS. BY ADDING DISTRICT MU AT SUBSECTION (C>.'
SCHEDULE OF SITE REGULATIONS:P�IC�IONIOF REGULATIONS,!
SCHEDULE OF REGULATIONS AND AP
SUBSECTION <D>. SCHEDULE OF DISTRICT AND USE�
REGULATiONS. BY ADDING NEW PARAGRAPH <9>. MIXED-USEi
DISTRICT: BY AMENDING �ECTION VIII. OFF-STREET PARKING�
AND LOADING � REGULATIONS; BY AMENDING SECTI4N X.
SUPFLEMENTAL REGULATIONS APPLYING TO A NSPECIFSPECIAL!
SEVERAL, OR T4 ALL DISTRICT�. SUBSECTIO
EXCEPTION USES, PARAGRAPH (2>. CRITERIA. BY ADDING A NEW�
REOUIREMENT <h>; SUBSECTION (M>, SiTE PLAN: PREREOUISITE;
TO BUILDING PERMIT ISSUANCE, BY AMENDING PARAGRAPH tl}:;
PROVIDING FOR SEVERABILITY: PROVIDING FOR CODIFICATION;�
PROVIDING AN EFFECTIVE DATE. �
BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OFj
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TEOUESTA. PALM BEAGH COUNTY, FLORIDA. AS FOLLOWS: �
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Sect i,on 1. Def init ions. Sect ion IV of the Off icial �
Zoninv tJrdinance of the VillaQe of Tequesta. Ordinance No. 355.�
as amended, is hezsby amended bv addinQ new and or rsvisedi
def init ions as fol lows: �
1. Mixed-Use District. Mixed-use distriGts are urban�
or suburban areas physicall,y understood and limitedi
in size where residences, shops, workplaces, and;
places in which strests serve the needs of thei
pedestrian and the automobile eguitably: areas�
providina parks and plazas for informal sociall
activity and recreation: areas in which privatel
buildinas form a clear edQe between the public and!
the private reaims: places where civic buildinQS and�
squares reinforGe the identity of the neiahborhood.
2. Personal Services. Establishments primarily engaQed
in providinQ services that involve the care of a
Such services may
person or his or her appeazance. ?
include, but are not necessarily limited to, beautyl
parlozs, shops or salons, barber shops, massave�
parlors, or any similar use that does nat involvei
the sale of any retail product. i
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Revised: !
1-13-94
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3, Small__Sca.le__ Reta_i.1.�Sa.les_._&..Service. Retail andtot j
service uses that are local <Villave) servinar in�
nature as opposed to larve scale retail sales and ;
services which are reQional servinu in nature, �
Small scale retail sales and services shall not ;
exceed 3500 square feet in crross leasable area for j
each tenant area or individuallv owned unit. �
4. Larae_5cale Ketail Sales &_Serv_ices. Retail and/oz ;
service usee that are regional <beyond Villave �
limits) servinQ in nature as opposed to small scale
� retail 6ales and services which are local (Villaqe> �
servinQ in nature. LarQe scale rstail sales and ;'
I services are tsnant areas or individually owned :
units in excess of 3500 square fest.
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5. Bsd _and _Brsakfast. Most traditional neiohborhood �
ordinances provide a site for the location of a;
small hotel under "lodginq". These ar.e buildings `
providinq food services and rooms for short term;
lettinv. It is not intended as a iarge strip motel i
or ur�aan luxury hotel, but rather a6 a small towni
inn of the kind en resuraence all over the
countrv. �
6. RailwaY Station. Most pedestrian pocket ordinances �
provide a reserved site for the location af a'
railway station under "Transportation Building". �
These are buildinqs for passenger mobilization, food'
services, and premises for the repair, assembly or '
fabrication of artifacts may also be allowed as ;
complementar,y functions within the same structure. ;
It is not intended as a plastic terminal buildinq of ;
the kind found in most suburban bus stations but as
a permanent struature that dignifies our sxistence. ,
7. Pub,lic_ Bui2dinQS and Facilities. Any building held, �
used, or controlled exclusively for public purposss :
by any department or branch of covernment, federal. ;
state, county or municipal, without reference to the:
ownership of the buildinq or land upon which it is:
situated.
S. Flanned Mixed—Use Development <PMUD).. A unifiedi
development process that permits a mixture of land�
uses to develop in a creative, vital and diverse
wa.y. Residential, commercial and public buildings;
and facilities are the primary uses in this�
develapment approach. Neichborhood identity is;
emphasized in mixed—use areas and responsible use of �
the environment and natuzal features is required. ;
All modes of traffic, includinq vehicular, �
pedestrian, and bicycle are integrated into andi
connect various uses. The mix and intensity of uses
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and the Property Development Standards <with the;
exception of buildinQ heiaht which is limited to a�
maximum six stories or 84 feet> can be fullv�
neaotiated with the Villave to provide optimum�
development flexibility in mixed-use areas. j
9. Flea � Market. An occasional or periodic sales�
activity held within a buildina, structure, or open;
area where Qroups of individual sellers offer 000ds.j
new and used, for sale to the public, not to include�
private Qarave sales or special indoor/outdoor
events, i.e.: cultu=al events, arts and crafts fairs�
or bazaars and charitable events.
Section 2. Section V of the Official Zonina Ordinance
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of the Villaqe of Tequssta, Ordinance No. 355, as amended, is:
hereby amended by adding a new use district at Subsection <A>i
identified as use district <9> to read as follows: �
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<9> MU - Mixed-Use District. !
Section,3__ Section VII. Schedule af Requlations and�
Application .of Regulations, is hereby amended at Subsection (C>,
Schedule of Site Regulations, by adding district MU to the
schedule as follows: � i
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D t r i c t
MU <See special asneral requirements, regulations, design;
pzinciples, design ob�ectives, and development standards�
that apply in this district as set forth at Sectioni
VIIt D) < 9> of these requlat ions. > �
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SeGtio 4 . Section VII. SGhedule of Reoulatians and
Application of Regulations, is hereby amended at Subsection (D>,
Schedule of District and Use Reculations, by adding new
paragraph <9>. Mixed-Use Di6trict, as follows:
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<9> MU - Mixed-use District.
<a) The purpose and intent of
the mixed-use districtl
is to establish a Village Center which creates a�
vital, diverse core for the principles which�
utilize mixed-use development concepts and which)
permit a combination of usually separated uses
within a unified development district area.
Natural features should be enhanced and
environmental conditions carefully assessed.
Gommercial uses are intended to be limited to
specialty small scale retail sales and services.
business services and prof essional services
primarily desiqned to serve residential
neiuhborhoods of the Villace. Orientation to
and compatibility with neiqhborhoods to be
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served are essential. Residential uses are ;
intended to encouraqe the accomplishment of a i
more complete residential livincx environment :,
throuQh the application of imaginative '
approaches to community development which '
establish neighborhood identity and focus �
consistent with values of the VillaQe of �
Tequesta. It is further the purpose and intent ;
of this area to provide lands for a ranQe of ;
residential uses from lower density sinqle j
family to higher density residential uses.
Traffic circulation should not only accommodate �
vehicular traff ic, but provide for the eff icient i
movement of pedestrian and bic,ycle traff ic. ;
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< b> Scope of District. ,
1. Although mixed-use development produced in`
compliance with these provisions and �
requirements and other regulations as set �
forth and detailed in this Zoning Ordinance �
may depardevelomment� reculationsllexpressed �
property P
in this Ordinance, such developments are to
be in compliance with the Village of �
Tequesta Comprehensive Devel dance t with the
platted of record in accor
procedures for approval of subdivision platsi
in the Villaqe of Tequesta Subdivision�
Requlations. The mixed-use developmentj
provisions set forth in this Section shall
be utilized in the review of all future
development proposals for the special�
planning area as ident if isd in PO lement, lZ as �
of the Future Land Use E I
desiqnated on the Future Land Use Map�
contained in the Village of Tequestal
Camprehensive Development Plan and as�
identified on the Village of Tequesta i
Comprehensive Zoning Map as District MU.
C c> Conf 1 ict with Other Appl icable Requlat ions.
1. Where conflicts exist between these mixed-
use district special requlations and general)
zoniny, subdivision and other applicable
ordinanve provisions, these speciall
regulations shall apgly. I
td> General Requirements and Special Regulations.
1. The following general require{e�ntlannsdl
special regulations shall apply p
mixed-use development within the mixed-use
district:
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I a. Location. A planned mixed-use develop-�
� ment is permitted onlv in the special�
plannina district identified by Policy
1.12.1 of the Future Land Use Element.
as desiQnated on the Future Land Use Map�
contained within the Vi11aQe of Tequesta
Comprehensive Development Plan and as
identified on the Vi11aQe of Teguesta
Comprehensive Zoninc Map as District MU.
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b. Conf igurat ion of Site. Any tract of
land for which a planned mixed-use
development application is made shalll
contain suff icient width, depth, and
frontage on a publicly dedicated
arterial ar ma7or street or appropriatei
access thereto to adequately accommodate
its proposed use and design.
c. Unity of Title. All land included for �
` pu=pose of development within a planned
� mixed-use development shall be under
Unity of Tit le of the pet it ioner for �
such zonincr desicnation, whether that
petitioner be an individual, partnership
or corporation, or a group of
individuals, partnerships or
I corporations. The petitioner shall
present firm evidence of the Unity of
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 will: �
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( 1> Do so in accord with the off icially
� approved site plan of the�
development, and such other!
I conditions or modifications as may�
be attached to the approval. �
<2) Provide aQreements, covenants,
contracts, deed restrictions or
sureties acceptable to the Vi11aQe
for completion of the undertakinc in
accordance with the approved site
plan as weil as for the continuina
operation and maintenance af such
areas, f unctions, and facilities as
are not to be provided, operated or
maintained at qeneral public
expense.
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<3) Bind his development successors in i
title to any commitments made under �
( 1> and < 2) above. i
- d. Dens ity. For the purpose of this �
provision, if dwellinc units are to be �
developed as part of a proposed I
development within the mixed-use
district, the total number of dwellinq
units permitted in the mixed-use
district shall be computed an the basis
of eiqhteen < 18) dwel l ing units per (
qross acre for all residential uses with I
the exception of ACLF's which shall be I
computed on the basis of twenty-four
<24) dwellinq units per gross acre.
e. Building Height. The maximum buildinq I
heiarht allowed shall be six <6) stories
or eiqhty-four feet <84' > above average
f inish grade.
< e> Site Plan Review.
In adherence to Pol icy 1. 12. 1 of the Vil lage of (
Tequesta Comprehensive Development Plan Future Land I
Use Element, all proposed development plans for the ,
mixed-use district shall be sub7ect to review and �
approval by the Village Council.
<f> Urban Desiqn Principles.
1. The following urban design principles shall bel
considered as guidelines in all development i
groposals of the mixed-use district. �
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a. That mixed-use promotes economic and sacial i
well-being.
b. The streets serve the needs of the
pedestrian and the automobile. �
c. That proposed squares and plazas provide�
collective identity and a place for social
act ivit,y and recreat ion.
d. That public buildinqs, facilities, and
spaces are symbols of the community and
convey identity and pride throuch their
architectural clarity and civic functions.
e. That caref ully placed buildinqs delineate
and define public spaces and lots and
blocks.
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� f. That streets are cies icrned and act as i
amenities to the development and as quality:
public space.
<g> Urban Desiqn Ob�ectives. '
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1. The followinQ urban desian obiectives shall be'
considered as guidelines in all development:
proposals of the mixed-nse district. '
a. To brino many of the activities of daily ;
( livinq, includinq dwellinq, shopping and
other activities, within walking distance.
b. To reduce the number and lenath of'
automobile trips to relieve traffici
convestion. i
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c. To provide internal vehicular circulation to�
relieve traffic impact on arterial roads. ;
d. To provide defined public spaces and streets�
that allow the citizens to observe and watch'
over the collective security. i
e. To provide sites for civic b�aildings. �
f. To provide flexibility for the development;
� strateqies that evolve over time.
(h) Permitted Uses. �
1. Sinqle-family dwellings. ' �
2. Two-family dwell ings. i
3. Multiple-family dwellings. �
� 4. Small-scale retail sales and service. '
� 5. Business services. t
� 6. Professional services. �
� 7. Personal services, !
8. Recreation/Open Space. i
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� Maximum 3500 square fest gross leasable area allowed�
for each tenant area or individually owned unit. !
Ci> Special Exception Uses. �
1. Restaurants Cincluding carry-out> i
2. Public buildings and f acilities. i
3. Church/House of Worship. i
4. Civic/cultural/institutional. ,
5. Bed and breakfast. !
6. Hotel i
7. Adult congreqate livinq facility tACLF).
8. Gasol ine service stat ion < only front ing on U. S.
Hwy. One > . i
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9. Private clubs. ;
10. Railway station.
11. Planned residential development <PRD>. �
12. Planned commercial development (PCD>.
13. Permitted Uses Numbers 4, 5, 6, 7& S in excess
of 3500 square feet <larae scale retail sales
and services> which are in conformity with the
intent and inteqrity of the District.
<>> Accessory Uses. '
1. Any accessory use customarily incidental to ai
permitted use. �
2. Private qaraqes, swimming pools, spas and hot�
tubs, cabanas and saunas, greenhouses, tennis ;
� courts, clubhouse, utility buildinqs, gazebos,!
� and any other similar use deemed appropriate byl
I the Building Off icial. �
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<k) Flanned Mixed—Use Development <PMUD>. I
1. Rsguired 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.
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1. Wholesale.
2. Warehouses.
3. Car wash <that is not an accessory use>. �
4. Motel. �
5. Motor vehicle dealer. i
6. Pawn shop. �
7. Full service fuel station/qasoline service�
stat ion. �
S. Flea markets — indoor or outdoor. i
9. Automobile repair facilities, includinq garages;
and body shops. �
10. Kennels or pet hospitals with boardinq�
facil itiss.
11. Any other use or structure not specifically or�
by reasonable implication permitted herein as a�
permitted use, special exception use ori
accessory use. �
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<m> Property Development Standards. I
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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 thei
Village, the Villaqe Council may modify the property;
development standards, at its discretion, provided)
the spirit and intent of the requlations and
standards are complied with in the development of�
the mixed—use district. �
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( 1. ParkinQ Requirements. On-street and off-street!
� parkinQ shall be allowed within the mixed-use�
district and the minimum number of required�
parkina spaces to be provided mav include a'
combination of on-street and off-etreet spaces.�
When usina on-street parking to meet a portion;
of the required parkinq tor a proposed pro7ect,j
only those spaces that lie within the streeti
frontaae areas of the property may be included�
I in the total calculations for meetinQ the
� minimum required parkinq requirements.
2. Strests/Riahts-of-Way. The minimum width of;
� riahts-of-waye within the MU district are as!
follows: ;
a. Ma street <collector strest) - Fifty <50`> feet. !
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b. Minor street t col lector street> - Fifty < 54' > feet if i
two-wav street. ;
Fortv-two < 42' > feet !
if one-way street. �
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3. Drainaqe Cstreets/richts-of-wav). Raised curb4
and crutter drainace systems shall be thei
preferred method , utilized within the MU!
district. Alternate drainaQe systems shall be;
approved at the discretion of the Villaae;
- Council during the site plan review process for
a proposed planned mixed-use development <PMUD).
4. Schedule of Site Requlations. �
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a. Minimum lot size: 3200 sqvare feet �
b. Minimum lot width: 40' (feet> �
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c. Maximum lot coveraqe: �
Residential - 62� <percent> �
Commercial 60� <percent> for a sinqle I
minimum sized lot. j
- 70� < percent> for two or more lots �
or parcels in excess of the �
minimum sized lot under unit_y-
of-t itle.
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d. Minimum f ront yard setback: !
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Residential - 10' {feet} I
Commercial - 0' <feet> �
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e. Minimum side yard setback:
Residential - 0' <feet> on one side
7' <feet> on remaininq side
Commercial - 0' <feet> on both sides where
commercial abuts commercial
?' <feet> where commercial abuts '
residential '
f. Minimum rear vard setback: �
Residential - 10' <feet>
Commercial - 0' <feet> where commercial abuts
cammercial
- 10' <feet) where commercial abuts �
residential i
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cr. Minimum livinQ area requirements: Not applicable. ;
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h. Minimum landscaped/open space: !
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Residential - 25� (percent> ;
Commercial - 25� <percent>
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Section 5. Section VIII. Off-Street Parkinq and Loading�
ReQUlations, is hereby amended at Subsection <H>, Off -Street�
ParkinQ Space Requirements, by amendinar Subseotion <H> to read;
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as follows: i
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(H> Off-Street Parkinc Space Requirements. <Certain of�
these requirements mav be in conflict with thei
special parkina requirements set forth in the
Property Development Standards for use within the�
MU, Mixed-use District. Where a conflict exists,;
the Property Developmsnt Standards of the MU
District shall apply.>
Se 6. Section X. Supplemental Rectulations applying�
to a specific.�to several oz to all districts, is hereby amended'
at Subsection <M>, Site Plan; Prerequisite to Building Permit:
issuance, by amendinq Paraqraph <1> to read as follows: i
C 1> Site Plan Review. By the terms of this 4rdinance, �
all permitted uses in all zoning districts, excegt R-;
lA and R-1; all special exception uses as approved;
by the Villaqe Council; all planned residential;
development <PRD>, planned commercial development�
�PCD>, planned mixed-use development <PMUD>; all;
miscellaneous development and redevelopment; all�
subdivisions; and, all uses or construction lyinq!
partially or entirely in special flood hazard areas;
shall: '
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Section �. Severabilitv. If anv 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 cxiven effect without the invalid!
provisions or applications, and to this end, the provisions of '
this Ordinance are hereby declared severable. ;
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Section 8. Codification. This Ordinance shall be�
codif isd and made a part of the Off icial Code of 0=dinances of i
the Villace of Tequesta. i
Ssction..9. Effective Date. This Ordinance shall takei
effect immediately upon its passaae and approval, as provided byi
l aw. �
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THE FOREGOING ORDINANCE was offered by�
Counc i 1 member ,_ , who moved its �
adoption. �The� Ordinance was seconded by;
Counc i 1 member _____ _�..,_:__. _• and upon be i nq put I
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to a vote, the vote was as follows: ;
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FOR ADOPTION AGAINST ADOPTION I
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The Mayor thereupon declared the Ordinance duly passed�
and adopted this , day of , 1993. i
MAYOR OF TEQUESTA �
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Ron T. Macka i 1 I
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ATTEST:
' Village Clerk
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