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HomeMy WebLinkAboutDocumentation_Regular_Tab 12_07/11/2013 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: 11-13 AMENDED on 1S Reading Consent Agenda: No Resolution #: Originating Department: Attorney � � � __ _ _ _ . . . . - : a � , � �� �c��.:,� ,. = �- : _ rdinance 11-13 Second Readinq, Amending the Villa�a, a;��,��,; a�, �)v���ay�,����;��, ����U,p������� ��� Community Development, by Amending this Chapter to Provide Internal Consistency, to Provide Final Decision-making Authority to the Planning and Zoning Advisory Board for Certain Site Plan Modifications; to Eliminate Planning and Zoning Advisory Board Review of Certain Gates and Entry Features; to Provide for Collection of Administrative Fees; and to Clarify Certain Aesthetic Definitions and Policies � . . .. Account #: Amount of this item: Current Budgeted Amount Available: Amount Remaining after item: Budget Transfer Required ' Appropriate Fund Balance: ' � • ' •' .• � •- • � • .�- �. ,...� , � Department Head �,t,�jmt{;�..,� Finance Director Reviewed for Financial Sufficiency ❑ �`�h �, ��a,...t � �L. t �_ � r wec� , rrL� �,� 1. ��. �-� ; � - � , �. � �: No Financial Impact ❑ �- ���" Attorney: (for legal sufficiency) Village Manager: � Submit for Council Discussion: � ❑ _.. � � v' ;%` � Approve Item: �� � � � Deny Item: � � � �� �-'� � ° / ' • • � �`� �v .✓ �� t ;� �'' ''� : �" x ; �;r_�I' i� Ih� 1�.�. , � .;;N • • � — •' • ••' • • �• . 0��,)t( i;l>' , >INii�ti��ii'Fl°� , I'�l;o' Ll"i�'�illi'��ti���� Form Amended: 7/12112 ORDINANCE NO. 11-13 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 22. COMMUNITY DEVELOPMENT, BY AMENDING THIS CHAPTER TO PROVIDE INTERNAL CONSISTENCY, TO PROVIDE FINAL DECISION-MAKING AUTHORITY TO THE PLANNING AND ZONING ADVISORY BOARD FOR CERTAIN SITE PLAN MODIFICATIONS; TO ELIMINATE PLANNING AND ZONING ADVISORY BOARD REVIEW OF CERTAIN GATES AND ENTRY FEATURES; TO PROVIDE FOR COLLECTION OF ADMINISTRATIVE FEES; AND TO CLARIFY CERTAIN AESTHETIC DEFINITIONS AND POLICIES; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 22. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Village Council of the Village of Tequesta desires to amend the Village Code of Ordinances at Chapter 22. Community Development, to provide internal consistency, to provide final decision-making authority to the Planning and Zoning Advisory Board for certain site plan modifications; to eliminate plaiming and zoning advisory board review of certain gates and entiy features; to provide for collection of administrative fees; and to clarify certain aesthetic definitions and policies; and WHEREAS, the Village Council of the Village of Tequesta believes it to be in the best interests of the health, safety, and welfare of the citizens of the Village of Tequesta that the Village amend its community development ordinance as stated herein. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT: Section 1: Chapter 22. Community Development. of the Code of Ordinances of the Village of Tequesta is hereby amended to provide internal consistency, to provide final decision- making authority to the Planning and Zoning Advisory Board for certain site plan modifications; to provide procedures; collection of administrative fees; and to clarify certain aesthetic definitions and policies; providing that Chapter 22 shall hereafter read as follows: j 1 Chapter 22 COMMUNITY DEVELOPMENT Article I. In General. Secs. 22-1 22-30. - Reserved. Article II. Community Appearance. Division 1. - Generally Sec. 22-31. - Provisions supplemental; compliance with other regulations. Secs. 22-32-22-50. - Reserved. Sec. 22-31. - Provisions supplemental; compliance with other regulations. The requirements of this article are in addition to any other requirements of this Code such as chapter 78, pertaining to zoning, and chapter 14. nertainin� to buildin�s and buildins re�ulations #� �e. Secs. 22-32 22-50. - Reserved. Division 2. - Planning and Zoning Advisory Board Sec. 22-51. - Creation, members, terms, a�pointment. Sec. 22-52. - Or�anization, qualification of inembers. Sec. 22-53. - Powers and duties. Sec. 22-54. - Powers and duties as ofFcial tree board of the villa�e. Section 22-55. - Procedure. Sec. 22-56. - Meetings; records. Section 22-57. - Filing fee. Secs. 22-58-22-80. - Reserved. Sec. 22-51. - Creation, member�alifications, terms, appointment. A planning and zoning advisory board is hereby established. (a) Composition of the board. The board sha11 be composed of five regular members and two alternate members (all of whom �e shall serve without compensation), appointed by the village council. At the time of appointrnent and at all times during which they serve, a11 members (i) shall reside in the village and be aualified electors of the villa�e (ii) sha11 not serve on the village council or on any other village board or committee, and (iii) shall not be employed by the village or any of its contractors. In the event that there is a lack of qualified eligible applicant(s) needed to satisfy the requirements as stated, the village council. workin� throu�h the villa�e mana�er, shall have 2 the authority to recruit and appoint gualified members into the vacant seats from any area of the Village of Tequesta. (b) Alternate board members. In addition to the five regular board members, two additional members, to be designated at the time of their appointments as alternate # 1 and alternate #2, shall be appointed bv the villa�e council to serve on the board, in that order, at meetings of the board when necessary to ensure that each application receives consideration by a full board. (c) Terms of o�ce. Regular members of the board sha11 be appointed for a term of three years. Alternate members of the board shall be appointed for a term of two years. (d) Voting A majority of the board (i.e., a minimum of three members) sha11 constitute a quorum, and the affirmative vote of a majority of the board present shall be necessary for any action thereof. In the event that only three members are present, a unanimous vote of all present in favor of an application is required to make a recommendation of approval. If no motion receives the necessary majority vote, that shall constitute a recommendation of denial. (e) Termination/resignation. All board members shall serve at the pleasure of the village council and derive no property rights from their appointed position. The village council may, by a majority vote, remove any board member at any time for any reason or no reason. All board members shall abide by state laws and countv and village ordinances regarding ethical behavior. Vacancies in the board membership by resignation, illness or other causes sha11 be filled by the village council for the unexpired term of the vacated seat m°�'�°~ �~T��'��°a. Three absences in a row or three unexcused absences within the fiscal year of the village, shall constitute cause for automatic dismissal from the board. Sec. 22-52. - Organization,-q�i€i�a�ea of the board ��s. The board sha11 select its own chair and vice-chair annually at the first meeting of the board held after the May meeting of the village council at which time members are appointed. The director of the department of community development or his designated representative shall serve as clerk to the board. �a:,:�,,,.�, �.,,,,..a ��,,,n �.o „ ,,,�;�oa o�o,.,,,,.� „�+�,o �,;noRO_ Sec. 22-53. - Powers and duties. The planning and zoning advisory board shall have general authority (provided that, in order to provide for proper budgetary allocations, any request requiring extensive staff or attorney time must first be approved by the village manager) to: �a Review and make recommendations to the village council regarding applications for: (1) Site plan review or site plan modification including aesthetic review in accordance with regulations of this article �i-v�s�e� as well as� � TT E .,;,�, r��°�,-�a�e�-� the requirements of article IX, 3 division 2 of the village zoning code, except as provided in section (b) below. (2) Signage requested in conjunction with site plan review or site plan modification in accordance with article XI of the village zoning code. (3) Any other reviews, related to planning, zoning and development specifically requested of the planning and zoning advisory board by the village council. b� Review and make a final determination re�ardin� applications for• 1� Site nlan modifications that do not exceed $10,000.00 in estimated cost and that do not involve a chan�e to the footnrint hei�ht number of stories or sauare foota�e of anv buildin�. f� f nr th�r.,,-,��,-,,..+;.,,, �,f a„�,-�. � .,�, «o '.l .7 �' '74 iva �iav vviiVlll4V�.iV11 Vl Vll�l,' 1V(.I�LlA1VJ UJ t.J1VY =� � f� �• a .,v �,,,,� ao+o �+;,, v ra' A�esthetic ��� ���� �: u�� modifications to exterior building color or finish e�13 ; when not accompanied by any other site plan modification. 3� New free standine si�ns not nart of a site nlan review annlication. c� �-} Pursuant to F.S. ch. 163, and Chapter 62 of the Village of Tequesta Code of Ordinances, sit as the village's local planning agency. �d (�-} The planning and zoning advisory board may adopt such rules and procedures as are necessary to perform its duties. Sec. 22-54. - Powers and duties as official tree board of the village. In addition to the functions provided pursuant to the other provisions of this chapter, the planning and zoning advisory board shall constitute the official Tree Board of the Village of Tequesta and as such shall: (a) Make recommendations to the village council that certain trees located within the village be designated as specimen, historic, native o2� endangered trees. In making such a determination, the tree board shall consider, but not be limited to, the following criteria: (1) The significance of the tree as a village landmark. (2) The significance of the tree due to high value because of its size, age and/or historic value. (3) The significance of the tree to the history of the village, State of Florida or the Nation. (b) Perform any other duties assigned by the village council. Section 22-55. - Procedure. (a) Advisory author•i e�. Recommendations �?«se�ne�ued--aE� of the planning and zoning advisory board shall be recorded in written form for transmittal to the village council. Prior to adoption of a recommendation with respect to any matter brought before it for consideration, the planning and zoning advisory board shall consider the following: 4 (1) The information submitted by the applicant, including all exhibits, studies or other information presented or used for review of the application. (2) A written staff report '' of the department of community development or any other appropriate governmental agency regarding the ability of the application to meet the standards and regulations affecting the application; the ability of the proposed development to meet level of service standards adopted in the Village of Tequesta Comprehensive Development Plan; the application's impact on the general public's health, safety and welfare; as well as, any other items that are considered appropriate by the department of community development. (3) Comments, if any, from the applicant, staff or the public. (b) Final authority. The planning and zoning advisory board shall have final authority as provided in Sec. 22-53(bl . An Order annroving. a nrovin� with conditions. or denvin� such anAlications shall be rendered bv the chair as soon as nractical. Prior to taking anv fmal action, the nlannin� and zonin� advisorv board shall consider the followin�: (1) The information submitted bv the annlicant. includin� all e�ibits. studies or other information nresented or used for review of the annlication. (2) A written staff renort of the denartment of communitv develonment or a.nv other a ronriate governmental a�encv re�arding the abilitv of the a�nlication to meet the standards and reQUlations affectin� the annlication: the abilitv of the nronosed develonment to meet level of service standards donted in the Villa�e of Teauesta Comnrehensive Develonment Plan; the a nlication's imnact on the �eneral nublic's health. safetv and welfare: as well as. anv other items that are considered annronriate bv the denartment of communitv develonment. (3) Comments. if anv. from the annlicant, sta.ff or the nublic. (c) Notice. Notice of public hearing shall be advertised a minimum of ten days in advance of all planning and zoning advisory board public hearings in a newspaper of general circulation in the area. Sec. 22-56. - Meetings; records. � ���-�9�E�i�56 1 "•� , ••� „' • „a,,,.+ „� ;,-n �,,,r;,,o�n ;�+or,- ..,;��, +�,o � „�+�,;� a;.>;�;,,�. Meetings of the � nlanning and zonin� advisorv board shall be held at such times as set by the board with the final approval of the village council. All meetings of the boazd and its files or records shall be open to the public nursuant to Chanter 119. Florida Sta.tutes. The planning and zoning advisory board shall also keep minutes of its proceedings, showing the vote of each member upon each question, or; if absent, indicating such fact, and shall keep records of its examinations and other official actions, a11 of which shall be promntiv �e�� filed in the office of the village clerk and shall be a public record ursuant to Chanter 119. Florida Statutes. 5 Section 22-57. - Filing fee, additional administrative fees. Upon filing an application to the planning and zoning advisory board, the applicant shall pay a fee to the village at the time of filing of such application. Said fee shall be in an amount as established and amended by resolution of the village council, shall not be reimbursable, and is intended to defray the costs of administering, processing and reviewing the application. Additionally, to cover a� � additional �a��r��*r�*;T costs, ��+„�� ,,,- .,,,+;,.;r„+oa� including, but not limited to advertising costs, engineering fees, consulting fees, attorneys' fees and special studies which are not cantured bv the an�lication fee, the applicant shall reimburse �� the village for all such costs r*� *�° ^ ° ^�'*�° �„'�^�*�^„, ^r not later than 30 days after bein� invoiced bv the Villa�e , . Failure to make such pavment mav be �rounds for not iss uin� a buildin� or zonin� permit, or certificate of occunancv or combletion. Secs. 22-58-22-50. - Reserved. Division 3. - Supplemental Criteria and Procedural Rules Sec. 22-81. - Definitions. Sec. 22-82. - General requirements. Sec. 22-83. – External ��e� space. Sec. 22-84. - Landscapin� Sec. 22-85. - Parking lots• Sec. 22-81. - Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Appropriate to surr�oundings refers to the at�aearance of a buildin� relative to its surroundin�s, includin� a^°� „^* ,r ,,;� ..,,,:+�, ; r+..�o „„�,,,,.a;,,��;,,,, fn av;�f;ria h �„+ r�*��r ���;°� *� �r;��-;�^ r�� into an orderly relationship with , landscape and nature, other buildings and open areas. ��� Buildin� scale and composition , related �e�e to adjacent properties. is also important. ' � t�-�at�-����� Future surroundings must also be weighed. Advertising signs on buildings must be appropriate to the surroundings in the same way. Honest design construction concerns proper design of all work in its details, the uses of weather resistant materials, etc. The term applies also to advertising. �''� �orly designed work must always be discouraged. Proper design concepts refers to architectural planning and to the analysis of the whole structure in terms of forms and composition, color, materials, and surface decoration. It includes scale in relationship to *�����--e€ adjacent buildings and landscape. It applies to t-� interior � character of the individual project. It applies in the same manner to alterations and advertising on the project (building). '`T� ��° __��" '�° ,.,...;,-toa *�,o o +�,,,� +�,o „�� „+�,o nt,��., h,,;�a;,,R� 6 Proportion means the relation of the parts of a building to each other and to the whole of the building. Proportion is closely tied to the scale of a building. � n, �i;�;o,� �,. .,io Space. means urban or external SUaCe, aS1C� 1S nr�u� + -c=�°c��2-�r6@-O�a�°c; cz > > > > > > . , � > > > > > , , , defined by the � building and the others around it. All objects—bridges, fountains, groups of trees, walls, and in particular, the facades of buildings—are brought into play in the creation of urban space. Sec. 22-82. - General requirements. The planning and zoning advisory board shall review and recommend final action i to the villa�e council or take final action itself, pursuant to Sec. 22-53, re�ardin� �e � � compliance ee�l-}� with the reauirements of this division ���--�-^��e�-Z'�. Implementation of this authoritv which reauires T����-��r�;�� �oe-�t�e��eq=� ����i�g extensive staff or attorney time for anv particular application must first be approved by the village manager' +,. ;,,..,,io,,,o„� ��,;r .,,,��,,,�;+.. The general requirements are minimum aesthetic standards for all site development, buildings, structures, or alterations within the village except in districts R- lA and R-l. It is required that site development, buildings or alterations, with the sole exception of districts R-lA and R-1, show proper design concept, express honest design construction and be appropriate to the surroundings. (1) Harmony with other buildings. Buildings or structures which are a part of a present or future group or complex shall have a unity of character and design, and a relationship of forms, and the use, texture and color of materials shall be such as to create an harmonious whole. When the area involved forms an integral part of, is immediately adjacent to or otherwise clearly affects the future of any established section of the village, the design -sc-�e and location on the site shall enhance rather than detract from the character, value, and attractiveness of the surroundings. (2) Harmony with surroundings. Buildings or structures located along strips of land or on single sites and not a part of a unified multibuilding complex shall strive to achieve visual harmony with the suri•oundings. If they are built in undeveloped areas, the three primary requirements shall be met: 7 express honest design construction, show proper design concepts, and be appropriate to the village. (3) Fc�cades. All facades visible to public or adjacent propei shall be designed to create a harmonious whole. Materials shall express their function clearly and not appear as a material foreign to the rest of the building. (4) Methods of harmonious design. It is not to be inferred that buildings must look alike or be of the same style to be harmonious. Harmony can be achieved through the proper consideration of sc-� proportions, site planning, landscaping, materials and color. (5) Advertisements on buildings. Buildings which are of symbolic design for reasons of advertising and are not compatible to the atmosphere of the village shall � not be approved ��� +'�° � N;*� � °'���ra Symbols attached to the buildings will not be allowed unless they are secondary in appearance to the building and landscape and are an aesthetic asset to the project and neighborhood. (6) Exter•io� lighting. Exterior lighting may be used to illuminate a building and its grounds for safety purposes, but in an aesthetic manner. Lighting is not to be used as a form of advertising in a manner that is not compatible to the neighborhood or in a manner such that it draws considerably more attention to the building grounds at night than in the day. Lighting following the form of the building or part of the building will not be allowed. All fixtures used in exterior lighting are to be selected not only for functional value, but for aesthetic value. (7) Inappropriate building styles. Buildings of a style or style type foreign to South Florida and/or its climate will not be allowed. It is also to be understood that buildings, even though they have a historical significance to South Florida, that do not conform to the existing or to the evolving atmosphere of the village will not be approved. (8) Garish design. Building surfaces, walls and roofs that are considered garish by the board will be denied approval. (9) Takeout and pickup windows. Takeout or pickup windows of retail or wholesale establishments shall not be located on a building facade that faces a public right-of-way, unless they are designed in such a manner as to be an aesthetic asset to the building and neighborhood. (10) Exterior fo�ms. All exterior forms, attached or not attached to buildings, shall be in conformity to and secondary to the building. They shall be an asset both to the aesthetics of the site and to the neighborhood. (11) Telephones, vending machines, and facilities dispensing merchandise or services. All telephones on private property, vending machines, or any facility dispensing merchandise or a service shall be confined to a space built into the building or enclosed in a separate structure compatible with the main building. (12)Advertisements on amenities. No advertising will be allowed on any exposed amenity or facility such as benches and trash containers. 8 (13) Use of symbolic colors; exte�ior� storage and display of inerchandise. The following are added criteria that pertain to but are not limited to gasoline stations. Symbolic colors of the exterior facades or roofs may not be used unless they are harmonious with the atmosphere of the neighborhood. For example, royal blue, which symbolizes a brand of gasoline and other establishments, would not be acceptable in most cases. Exterior display of goods for sale or those designating a service will not be allowed, except that a gasoline station's display of goods and tools of a service may be displayed on the pump island, provided that the island is not considered by the board to be enlarged to take advantage of this provision, and provided that the goods and tools be such that they can be used or installed at the island. For example, an oil rack is acceptable, but a tire display is not. Areas used to store materials such as mufflers, tires, packing crates or cases, refuse and garbage shall be screened from adjacent property and from the public view. Sec. 22-83. — External �e�ie� space. External snace of the site should be desi�ned T'�° ���'° �� °°*°r;�r �„��° ;� *�'�° relative to its neighborhood, adjacent properties, buildings, access (roads and pedestrian routes) and its activity. Building facades enclosing a space must be harmonious. Where, because of their use or age, like facades are not possible, consideration should be taken to unify the walls of the space by the application of landscaping, or manmade objects of like design, at modular spacing. The floor of an external space is of primary importance; its materials, texture and color, contour and shadow on it are to be considered, not only in relation to the external space, but to its setting. Natural vistas must be surveyed and planning steps are to be taken to preserve them to the greatest extent. Careful consideration as to future development shall be given to vistas which open into undeveloped areas. Sec. 22-84. - Landscaping. , � � r�t�iTexa��� a����c�e�s Landscabe nlans will be evaluated re�ardin� as--�e their relationship to the existing natural landscape, the existing and proposed �-developed landscape, including those on adjacent properties and street rights-of-way, and the ��� existing and proposed buildin�s. (1) Preservation of existing natural landscape. The �,,.,,..,a ��..,.,,n�., � o�� +�,,,� +�,o existing natural landscape character should be ; preserved whenever possible. � For example e€�s, *"°'�^°r�' �_�^��'�' 'I rr°� r*'��+ ;r an area containing a stand of trees should be areserved bv the developer to the �reatest extent +"�* *'�° �°.�°'� � „ 'a „ ^�—t��—t���s—� possible and should be further landscaped in a 9 complementary manner, rather than destroy the existing trees and replant with a type of vegetation completely foreign to the immediate natural environment. (2) Paving, benches and similar fixtures. Landscaping includes not only trees and plantings, but paving, benches, fountains, exterior lighting fixtures, fences, and any other item of exterior furniture. All items of the landscape are to be selected not only for their functional value but for their aesthetic value, and must complement the whole. Placement of anv such items within the villa�e's ri�ht-of-wav is nrohibited. (3) Screening. One of the basic uses of landscaping will be to screen. T� m°°'�;r�- ^„* �r �� ^�a pat objectionable area, an accessory use or an otherwise acceptable structure or space. The achievement of this is left to the designer, whether by walls, fences, mounds of earth, or vegetation. Screening shall be employed to mask from the public view or adjacent properties such service areas as trash and garbage areas, outside equipment of an unaesthetic character, and accessory buildings or areas not enhancing or in keeping with the aesthetics of the project or neighborhood. (4) Vzew from other areas. Landscaping shall be designed in such a manner as to impart its aesthetic character when viewed from any area accessible to the public or from adjacent properties. This is to include views from high- rise buildings and bridges. (5) Installation; size of plants. All landscaping and plantings designated on the plans approved by the board shall become effective and/or attain the size or height indicated within one year from the date of the certificate of occupancy of the project. (6) Florida friendlv landscapin�. All landscapin� shall complv with the "Florida Friendlv" reauirements set forth in Chanter 78, Article IX Division 4. Sec. 22-85. - Parking lots. (a) Genernl standa�ds. Parking lots are to be designed as an aesthetic asset to a neighborhood and to the building, group of buildings, or facility the parking lot serves. A parking lot is to be considered an external e� space, a transitional space which is experienced between the access (such as roads) and the building, group of buildings or other outside spaces which it serves. The responsibility toward beautification and design of the parking lot is the same as that which the homeowner has to his residential lot. The parking lot, because it is viewed from above as well as at eye level, should be designed accordingly. (b) Screening. Parking lots and their parked automobiles are to be effectively screened from the public view and from adjacent property in a manner that is attractive and compatible with safety, the neighborhood, and facilities served. (c) Landscaping. -ri.v „+,...,,,�ri,o,.o . ,;+�,;,, ��.o ��,.v;,,,. i„+ ;� +,. i,o �,,,,v �;va ,.�+�,o„ +�,�„ I > > > > �'�M � *r°°�. parkin� lot landscapin� shall comblv with the reauirements of 10 Chanter 78. Article IX. Division 4. Trees are of primary importance in the landscape. They are not to be minimized in height or in quantity. The tree imparts, especially in a relatively flat area, a sense of three-dimensional space, it casts shadows that reduce the monotony of the expanse of paving, and it creates a refuge from the tropical sun. Signs designating entrances, exits, regulations, etc., in excess of two square feet are to be of a tasteful design . T'he pavement is to be more than wall-to-wa11 asphalt. It is recommended th�t paveinent be �aried in texture or color designating lanes for automobile traffic, pedestrian walks and parking spaces. Bright colored pavement is to be used only with restraint. Iri order to create a pleasant atmosphere it is recomrnended that consideration also be given to sculpture, fountains, gardens, pools and benches. Design emphasis is to be given to the entrances and exits to and from the lot. Trash, refuse and unaesthetic storage and mechanical equipment must be screened from view in accordance with village requirements. (d) Lighting. Lighting is to be designed not only from a standpoint of safety and vandalism, but for visual effect. r* ;�* *^ ^°°*° � °*^ *'�° r R'�'�^r° ;* *^ ;�°�* � r';'�° �*m^°�'�°r°. Low lights of a human scale can be used along with feature lighting emphasizing plants, trees, barriers, entrances, exits, etc. T'he fixtures are to be selected not only for their functional value but for their aesthetic value. Section 2: Each and every other Section and Subsection of Chapter 22. Community Development. shall remain in full force and effect as previously adopted. Seetion 3: All ordinances or parts of ordinances in conflict be and the same are hereby repealed. Section 4: 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 5: Specific authority is hereby granted to codify this Ordinance. Section 6: This Ordinance shall take effect immediately upon passage. 11