HomeMy WebLinkAboutOrdinance_04-08_04/10/2008ORDINANCE NO. 4-08
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE OF TEQUESTA CODE
OF ORDINANCES AT CHAPTER 78. ZONING. ARTICLE IX.
SUPPLEMENTAL REGULATIONS. DIVISION 1. GENERALLY AT
SECTION 78-284. WALLS AND FENCES. TO PROVIDE FOR THE
CONSTRUCTION AND/OR PLACEMENT OF CERTAIN ENTRY OR
DRIVEWAY FEATURES THAT EXCEED FIVE FEET IN HEIGHT
FORWARD OF THE FRONT BUILDING LINE IN CERTAIN
CIRCUMSTANCES; PROVIDING THAT EACH AND EVERY OTHER
SECTION AND SUB-SECTION OF CHAPTER 78. ZONING. SHALL
REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED;
PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
WHEREAS, the Village Council desires to revise the zoning code regulations
regarding walls and fences to provide for the construction and/or placement of entry
columns and gates forward of the front building line in the R-1, R-1A and MU Zoning
Districts under certain circumstances; and
WHEREAS, the Village of Tequesta has held all duly noticed public hearings
pursuant to Florida Statutes regarding revisions to the text at Chapter 78, the Village's
Zoning Ordinance; and WHEREAS, the Village Council believes this ordinance to be in
the best interests of the Village of Tequesta.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1: Chapter 78. Zoning. of the Code of Ordinances of the Village of
Tequesta is hereby amended at Article IX. Supplemental Regulations. Division 1.
Generally at Section 78-284 Walls and fences. to provide for construction and/or
placement of entry columns and gates that exceed five (5) feet in height forward of the
front building line in certain circumstances; providing that Section 78-284 shall hereafter
read as follows:
Sec. 78-284. Walls and fences.
(a) Walls and fences may be erected or maintained within or adjacent to a
property line to a height not exceeding six (6) feet. No wall or fence shall be permitted to
extend forward of the building front on any lot or parcel, except for lots or parcels located
along and fronting upon Country Club Drive, where walls not exceeding five feet in height
may be located forward of the front building line. fFences associated only with accessory
structures may be permitted if such fences +s are screened from public view with a hedge
of not less than six (6) feet in height nor more than eight (8) feet in height. However, if a
wall, fence, or living hedge is erected or located on a corner lot or a double frontage lot, a
vehicular and pedestrian visibility triangle of a size and dimension which complies with the
current traffic engineering standards of the American Association of State Highway and
Transportation Officials (AASHTO) and the county shall be provided for in both directions
from the intersecting point of property lines. The maximum height of any wall, fence or
hedge within the visibility triangle shall be two and one-half (2.5) feet.
(b) Notwithstanding the above, entry features consisting of masonry columns not
exceeding six (6) feet in height, with or without gates, are not deemed to be walls or fences
and are specifically allowed in the R-1A and R-1 zoning districts and in the residential
areas within a mixed use development located in the MU Zoning District. Such entry
features must be compatible with the architecture of the residence and the streetscape,
must be set back a minimum of ten (10) feet from the edge of the road pavement or the lot
side of any sidewalk, and shall not be located in the Village right-of-way. Gates, if any,
must swing inward or slide to the side to prevent obstructions to the roadway or sidewalk.
A building permit and approval by the Planning and Zoning Board in accordance with these
regulations is required prior to the commencement of construction.
Section 2: All Ordinances or parts of Ordinances in conflict be and the same are
hereby repealed.
Section 3: 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 4: Specific authority is hereby granted to codify this Ordinance.
Section 5: This Ordinance shall become effective immediately upon passage.
Upon First Reading this 14th day of February, 2008, the foregoing Ordinance was
offered by Vice-Mayor Watkins, who moved its adoption. The motion was seconded by
Council Member Turnquest, and upon being put to a vote, the vote was as follows:
Mayor Jim Humpage
Vice-Mayor Pat Watkins
Council Member Dan Amero
Council Member Tom Paterno
Council Member Calvin Turnquest
For Adoption Against Adoption
X
X
X
X
X
Upon Second Reading this 10T" day of April, 2008, the foregoing Ordinance was offered
by Council Member Humpage, who moved its adoption. The motion was seconded by
Council Member Paterno, and upon being put to a vote, the vote was as follows:
For Adoption Against Adoption
Mayor Pat Watkins X
Vice-Mayor Calvin Turnquest X
Council Member Vince Arena X
Council Member Tom Paterno X
Council Member Jim Humpage X
The Mayor thereupon declared the Ordinance duly passed and adopted this 10T" day of
April, 2008.
MAYOR OF TEQUESTA
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Pat Watkins
ATTEST:
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Lori McWilliams, CMC
Village Clerk
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