HomeMy WebLinkAboutOrdinance_07-08_04/10/2008ORDINANCE NO. 7-08
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE
OF TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING.
AT ARTICLE I. IN GENERAL. BY AMENDING SEC. 78-4. TO
ELIMINATE THE DEFINITION OF "COMMUNITY APPEARANCE
BOARD"; AND AT ARTICLE III. APPEALS AND VARIANCES.
BY AMENDING SECTIONS 78-62 THROUGH 78-69 TO PROVIDE
FOR REVISIONS, INCLUDING REVISED APPELLATE
JURISDICTION AND REVISED NOTICE REQUIREMENTS; AND
AT ARTICLE IX. SUPPLEMENTAL REGULATIONS. DIVISION 2.
SITE PLAN REVIEW. BY AMENDING SECTIONS 78-331
THROUGH 78-334 TO CONFORM LEVEL OF SERVICE
STANDARDS TO THE VILLAGE COMPREHENSIVE PLAN, TO
PROVIDE FOR REVIEW BY THE PLANNING AND ZONING
ADVISORY BOARD AND TO PROVIDE REVISED NOTICE
REQUIREMENTS; AND AT ARTICLE IX. SUPPLEMENTAL
REGULATIONS. DIVISION 3. SPECIAL EXCEPTION USES. BY
AMENDING SECTIONS 78-367, 78-368 AND 78-369 TO
PROVIDE FOR REVISIONS INCLUDING REVISED NOTICE
REQUIREMENTS AND A COST RECOVERY MECHANISM; AND
AT DIVISION 4. LANDSCAPING. BY AMENDING SECTION 78-
393 TO DELETE REFERENCE TO THE COMMUNITY
APPEARANCE BOARD; AND AT ARTICLE X. OFF-STREET
AND ON-STREET PARKING AND LOADING REGULATIONS. AT
SECTION 78-705 TO REVISE THE PARKING SPACE
REQUIREMENTS FOR DWELLINGS 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, it has come to the attention of the Village Council that the
notice requirements for all variance and appeal hearings, all site plan review
hearings and all special exception hearings are in need of revision; and
WHEREAS, additional revisions to the zoning code regarding site plan
review are needed to bring the zoning code into conformance with the Village
Comprehensive Plan and newly adopted code which provides for planning and
zoning advisory board review of site plans; and
WHEREAS, additional revisions to the zoning code regarding off-street
parking requirements for certain dwellings are required; and
WHEREAS, the Village Council desires to adopt such revisions to the
Village's zoning code; 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 the code amendments contained
in this ordinance will 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 I. In General. by amending Section 78-
4 to eliminate the definition of "Community Appearance Board"; providing that
Section 78-4. shall hereafter read as follows:
Sec. 78-4. Definitions.
The following words, terms and phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning. All words used in the present tense include
the future; all words in the singular number include the plural and the plural the
singular. The word "building" includes the word "structure." The word "shall" is
mandatory. The word "person" includes a firm, corporation or Municipal
Corporation as well as a natural person. The word "map" shall mean the official
zoning map of the Village. The term "Council" shall mean the Council of the
Village of Tequesta and the word "Village" shall mean the Village of Tequesta, a
municipal corporation of the State of Florida. The word "used" shall be deemed to
include the words "arranged, designed or intended to be used," and the word
"occupied" shall be deemed to include the words "arranged, designed or
intended to be occupied." Any word or term not interpreted or defined by this
section shall be used with a meaning of common or standard utilization.
[All other definitions in this section shall remain in full force and effect as
previously enacted.]
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Section 2: Chapter 78. Zoning. of the Code of Ordinances of the Village
of Tequesta is hereby amended at Article III. Appeals and Variances. by
amending Sections 78-62 through 78-69 to provide for revisions, including
revised appellate jurisdiction and revised notice requirements; providing that
Article III. Appeals and Variances. shall hereafter read as follows:
ARTICLE III. APPEALS AND VARIANCES
Sec. 78-61. Generally.
Appeals and variances described in this article shall be considered by
either the board of adjustment or the Village Council. The board of adjustment
shall consider appeals and variances relating to single-family properties and
structures located within the R-1A and R-1 single-family dwelling districts of the
Village. The Village Council shall consider appeals and variances relating to all
other properties not within the jurisdiction of the board of adjustment, including
properties within the R-1A and R-1 single-family dwelling districts which are not
single-family, and structures and properties in all other zoning districts in the
Village, and appeals and variances relating to subdivisions in any zoning district.
Sec. 78-62. Board of adjustment established; membership; rules of
procedure.
(a) Aboard of adjustment is hereby established, which shall perform its duties
as provided by law in such a way that the objectives of this chapter shall be
observed, public health, safety, and welfare secured, and substantial justice
done.
(b) The board of adjustment shall consist of five regular members appointed by
the Village Council, who shall serve without compensation and for a term of three
years. In addition to the regular board members, two additional members, to be
designated as alternate #1 and alternate #2, shall be appointed to serve in that
order at meetings of the board when necessary on the board as a quorum. In the
case of only three members present, all present shall have to vote in favor of a
variance to make it effective. Alternate members shall serve for two years, but of
the first appointed alternate members, one shall serve for one year, and one shall
serve for two years. Thereafter, alternate members shall be appointed for two-
yearterms.
(c) Vacancies in the board membership by resignation, illness or other causes
shall be filled by the Village Council for the unexpired term of the member
involved. Members of the board of adjustment may be removed from office by the
Village Council upon written charges and after public hearing. The board shall
select its own chair and vice-chair annually at the first meeting of the calendar
year. The Community Development Director or a designated representative shall
serve as clerk and advisor to the board.
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(d) All members of the board of adjustment shall be qualified electors of the
Village.
(e) The board of adjustment shall adopt rules of procedure for the conduct of its
business, consistent with the provisions of this chapter. Meetings of the board
shall be held at the call of the chair, and at such time as the board may
determine. All meetings of the board and its files or records shall be open to the
public.
(f) The board of adjustment 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, all of which
shall be immediately filed in the office of the Village Clerk and shall be a public
record.
Sec. 78-63. Appeal procedure.
(a) Appeals to the board of adjustment or the Village Council, as appropriate,
may be taken by any person aggrieved by any decision of the administrative
officer charged with enforcement of that portion of this chapter relating to the
powers and duties of the board of adjustment or the Village Council. Such appeal
shall be taken within fifteen (15) days of receipt the written decision being
appealed, by filing with the Village Clerk a notice of appeal specifying the
grounds thereof. The officer from whom the appeal is taken shall forthwith
transmit to the Village Clerk all of the papers constituting the record upon which
the action was taken.
(b) The board or the Village Council, as appropriate, shall fix a reasonable time
for the hearing of the appeal, give public notice thereof, by sending notice
through regular mail to property owners of record within a 300-foot radius of the
outermost perimeter of the subject property and by publication in a newspaper of
general circulation within the community, a minimum of ten (10) days in advance
of the public hearing and decide the same within a reasonable time. Upon the
hearing, any party may appear in person, by agent or by attorney.
(c) The owner of the property for which the appeal is sought or the agent or
attorney designated by the owner on the submitted notice of appeal shall be
notified by mail of the date and time of the hearing..
Sec. 78-64. Stay of proceedings pending decision on appeal.
An appeal stays all proceedings in furtherance of the action appealed
from, unless the officer from whom the appeal is taken certifies to the board of
adjustment or the Village Council, as appropriate, after the notice of appeal shall
have been filed with him, that, by reason of facts stated in the certificate, a stay
would, in his opinion, cause imminent peril to life and property. In such case,
proceedings shall not be stayed otherwise than by a restraining order, which may
be granted by a court of record on application, on notice to the officer from whom
the appeal is taken and on due cause shown.
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Sec. 78-65. Powers and duties of board of adjustment and Village Council;
public notice.
(a) The board of adjustment and the Village Council shall have the following
powers in regard to appeals and variances within their jurisdiction as defined
under section 78-61:
(1) Hear and decide appeals where it is alleged there is error in any order,
requirement, decision or determination made by an administrative official in
the enforcement of this chapter or of any ordinance adopted pursuant thereto.
(2) Authorize upon application in specific cases such variance from the
terms of this chapter as will not be contrary to the public interest, where,
owing to special conditions, a literal enforcement of the provisions of this
chapter will result in unnecessary hardship. The power to grant any such
variance shall be limited by and contingent upon a finding by the board or
Council that:
a. Special conditions and circumstances exist which are peculiar to the
land, structure, or building involved and which are not applicable to other
lands, structures or buildings in the same zoning district.
b. The special conditions and circumstances do not result from the
actions of the applicant.
c. Granting the variance requested will not confer on the applicant any
special privilege that is denied by this chapter to other lands, buildings or
structures in the same zoning district.
d. Literal interpretation of the provisions of this chapter would deprive
the applicant of rights commonly enjoyed by other properties in the same
zoning district under the terms of this chapter and would work
unnecessary and undue hardship on the applicant.
e. The variance granted is the minimum variance that will make
possible the reasonable use of the land, building or structure.
f. The grant of the variance will be in harmony with the general intent
and purpose of this chapter and such variance will not be injurious to the
area involved or otherwise detrimental to the public welfare.
(b) In granting any variance, the board of adjustment or Village Council may
prescribe appropriate conditions and safeguards in conformity with this chapter
and any other ordinance enacted by the Village Council. Violation of such
conditions and safeguards, when made a part of the terms under which the
variance is granted, shall be deemed a violation of this chapter.
(c) In reviewing matters brought before it pursuant to the provisions of this
article, neither the board of adjustment nor the Village Council shall exercise
authority or jurisdiction over matters which are specifically reserved to other
officers, boards or agencies of the Village. Where site plan review is necessitated
pursuant to the provisions of this chapter, no decision of the board of adjustment
or the Village Council with respect to a variance, or other matter, pertaining to the
property in questions shall obviate the necessity for such site plan review. Where
a requested building permit has been withheld by the building official for want of
compliance with applicable laws and ordinances beyond the jurisdiction of the
board of adjustment or the Village Council, no building permit shall be issued
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regardless of any decision of the board or Village Council until the requirements
of such laws and ordinances have been met.
(d) Under no circumstances shall the board of adjustment or the Village Council
grant a variance to permit a use not generally or by special exception permitted
in the zoning district involved or any use expressly or by implication prohibited by
the terms of this chapter in the zoning district. No nonconforming use of
neighboring lands, structures, or buildings in the same zoning district and no
permitted use of lands, structures or buildings in other zoning districts shall be
considered grounds for the authorization of a variance.
(e) Notice of public hearing of the board of adjustment shall be advertised a
minimum of ten (10) days in advance of the public hearing in a newspaper of
general circulation in the area.
Sec. 78-66. Decisions; required vote; resubmission after denial.
In exercising the powers mentioned in section 78-65, the board of
adjustment or the Village Council may, in conformity with the provisions of this
article, reverse or affirm, wholly or partly, or may modify the order, requirement,
decision or determination appealed from and may make such order, requirement,
decision or determination as ought to be made, and to that end shall have all the
powers of the officer from whom the appeal is taken. The concurring vote of three
members of the board of adjustment or the Village Council shall be necessary to
reverse any order, requirement, decision or determination of any such
administrative official, or to decide in favor of the applicant on any matter upon
which it is required to pass under this chapter, or to effect any variation in this
chapter. Any request denied by the board of adjustment or the Village Council
shall not be resubmitted for a period of 90 days after the date of denial.
Sec. 78-67. Appeal to circuit court.
Any person or persons aggrieved by any decision of the board of
adjustment or the Village Council under this article, may appeal such decision in
accordance with state law.
Sec. 78-68. Time limitation on variances.
The board of adjustment or the Village Council may prescribe a
reasonable time limit within which the action for which the variance is required
shall be begun or completed or both. However, if no time limit is specified by the
board of adjustment or the Village Council, then the variance shall expire within
six months from the date of grant, unless a building permit based upon and
incorporating the variance is issued within the six-month period and construction
has begun thereunder.
Sec. 78-69. Filing fee.
(a) Upon filing an application with the board of adjustment or the Village Council
under this article, the applicant shall pay a fee to the Village at the time of filing of
such application. The fee shall be in an amount as set by resolution of the Village
Council and on file in the Village Clerk's office, shall not be reimbursable, and is
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intended to defray the costs of administering, processing and reviewing the
application. Additionally, to cover all additional administrative costs, actual or
anticipated, including, but not limited to, advertising costs, engineering fees,
consulting fees, attorneys' fees and special studies, the applicant shall
compensate the Village for all such costs prior to the processing of the
application, or not later than 30 days after final application approval, whichever is
determined as appropriate by the Community Development Director, or
designee.
(b) The building official may waive the filing fee when the applicant seeks a
variance to replace an existing screened swimming pool enclosure with a new
screened swimming pool enclosure having the same dimensions but a greater
height than the existing screened swimming pool enclosure.
Secs. 78-70--78-90. Reserved.
Section 3: Chapter 78. Zoning. of the Code of Ordinances of the Village
of Tequesta is hereby amended at Article IX. Supplemental Regulations.
Division 2. Site Plan Review. by amending sections 78-331 through 78-334 to
conform level of service standards to the Village Comprehensive Plan and to
provide for review by the Planning and Zoning Advisory Board and to provide
revised notice requirements; providing that Article IX. Supplemental Regulations.
Division 2. Site Plan Review. shall hereafter read as follows:
ARTICLE IX. SUPPLEMENTAL REGULATIONS
DIVISION 2. SITE PLAN REVIEW
Sec. 78-331. Required; development standards; required facilities and
infrastructure.
By the terms of this chapter, all permitted uses in all zoning districts except R-1A
and R-1, all special exception uses as approved by the Village Council, all
planned residential development (PRD), planned commercial development
(PCD), and planned mixed-use development (PMUD), all miscellaneous
development and redevelopment, all subdivisions, and all uses or construction
lying partially or entirely in special flood hazard areas shall comply with the
following:
(a) Site plan review is required.
(b) Conceptual review of the overall development, if phased, is required.
(c) The development shall conform to all minimum requirements of this chapter
and any other applicable laws and regulations.
(d) The development shall be compatible with the intent of the zoning district
wherein it is proposed to be located and compatible with adjacent land uses.
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(e) No building permit shall be issued for the purpose of erecting any structure
or building, or for structural alterations in any existing structure or building, until
after the Planning and Zoning Advisory Board has reviewed and made
recommendations to the Village Council, and the Village Council shall have
finally approved the site plan in accordance with this section.
(f) No building permits or development orders shall be issued unless public
facilities and services which meet or exceed the adopted level of service
standards are available concurrent with the development impacts. Compliance
with this requirement may be accomplished through one or more or a
combination of the following processes:
(1) Installation of all required public facilities/infrastructure/services prior to
or concurrent with the development impacts.
(2) Phasing of all required public facilities/infrastructure/services:
a. By local government (capital improvements element).
b. By the developer (development agreements).
(3) Phasing of the development.
(g) All proposed development and or redevelopment shall be coordinated with
and/or obtain approvals and/or permits from the following agencies:
(1) Palm Beach County Health Department
(2) Palm Beach County Fire/Rescue (Fire Marshal).
(3) Loxahatchee River Environmental Control District (ENCON).
(4) Department of Environmental Resources Management (DERM).
(5) South Florida Water Management District (SFWMD).
(6) Florida Department of Transportation (FDOT).
(7) West Palm Beach Urban Area Transportation Study (WPBUATS).
(8) Metropolitan Planning Organization of Palm Beach County (MPO).
(9) Palm Beach County Traffic Engineering Division.
(10) Martin County Metropolitan Planning Organization.
(11) Martin County Traffic Engineering Department.
(12) Florida Power & Light Company.
(13) Telephone service purveyor.
(14) Solid waste purveyor.
(15) Tequesta Water Department.
(16) Other municipal, county, state and/or federal agencies as may be
applicable.
Evidence of final acceptance by agencies listed in this subsection of the
development or redevelopment project must be submitted to the Village prior to
the issuance of certificates of occupancy or of final acceptance by the Village.
(h) All new development and/or redevelopment must provide the necessary
infrastructure to meet the following level of service standards. Each application
submitted pursuant to this section shall be required to provide a certification from
a licensed engineer in the state that the proposed development and/or
redevelopment meets or exceeds the level of service standards for the listed
infrastructure as follows:
(1) Traffic (roads and rights-of--way).
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TABLE INSET:
Roadway Type (LOS)
Standard (LOS)
Peak
Collector C D
(Except for Country Club Drive and Seabrook Road,
which shall be) C C
Urban minor arterials C D
Principal arterials C D
(2) Sanitary sewer.
TABLE INSET:
Category Maximum Monthly Daily Flow Maximum Daily Flow
(MMDF) (MSF)
Residential 93 gallons/capita/day 100 gallons/capita/day
Nonresidential 478 gallons/acre/day 516 gallons/acre/day
(3) Drainage. A public drainage facilities level of service standard of a three-
year frequency, 24-hour duration storm event is hereby adopted, and shall be
used as the basis of estimating the availability of capacity and demand
generated by a proposed development project. As a general drainage
requirement, each proposed project and/or site must maintain 95 percent of
all stormwater runoff on-site.
(4) Potable water. The following potable water level of service standards are
hereby adopted and shall be used as the basis for estimating the availability
of facility capacity and demand generated by a proposed development
project:
a. Average day water consumption rate:
TABLE INSET:
Residential 120 gallons/capita/day
Nonresidential* 2020 gallons/acre/day 'includes irrigation.
b. Maximum day water consumption:
TABLE INSET:
Residential 180 gallons/capita/day
Nonresidential* 3030 gallons/acre/day *includes irrigation.
(5) Recreation level of service standards table.
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TABLE INSET:
Classification
Area/Activity Standard
(unit/population)
Neighborhood parks 2 acres/1,000
Community parks 2 acres/1,000
Beaches 1 mile/31,250
Golf courses 9 holes/30,000
Tennis 1 court/2,500
Basketball 1 court/2,500
Baseball/softball 1 field/7,200
Football/soccer 1 field/4,800
Playground areas 1 acre/3,600
Beach access easements 1 per 1/2 mile of developed or redeveloped beach
frontage
(i) The development shall meet the requirements of the Year ~A89 2015 Cost
Feasible Transportation Plan (WPBUATS).
Q) The development shall project for the reservation and preservation of existing
and future rights-of-way as may be determined by the Village and in
conformance with the county and Village right-of-way protection plan.
(k) Site plans shall be required which incorporate innovative urban,
architectural, and/or engineering design of impervious areas (e.g., parking lots) to
maximize the retention of rainfall to these areas which will increase the recharge
of groundwater while reducing stormwater runoff.
(I) All new developments shall be required to limit post-development surface
water runoff rates and volumes to predevelopment conditions.
(m) All proposed new development and major redevelopment within the coastal
building zone of the Village must provide for the dedication of public access
easements meeting the adopted level of service standards.
(n) All proposed new development and major redevelopment, as part of the site
plan review and subdivision review process, shall submit a
drainage/environmental statement describing how the proposed development will
affect the estuarine water quality of the class III waters of the Village, and also an
environmental impact assessment study prepared by a qualified ecologist or
other professional qualified to do such an assessment. The study shall meet the
requirements of chapter 50, article II, pertaining to environmentally sensitive
lands.
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(o) New development and redevelopment shall not be permitted within the
coastal high-hazard area of the Village as defined in section 78-773 except in
accordance with the mandates of Sec. 78-789.
(p) Notification of neighboring jurisdictions of any external impacts that a
proposed project might have within those jurisdictions and assessment and
mitigation of those impacts shall be required.
(q) Determination of needed public facility improvements shall be made during
the site plan and/or subdivision review process and prior to the issuance of a
development order and building permit.
(r) Stormwater management facilities including curbs, gutters, piping, culverts,
ditches, etc., shall be provided based on engineering calculations and design
standards to ensure that all drainage improvements are in conformance with
chapter 74, article IV.
Sec. 78-332. Preapplication meeting.
A preapplication meeting called by the building official between appropriate
Village officials, the landowner or representative, and other entity representatives
deemed appropriate shall be required prior to application submittal for site plan
review to ensure proper coordination, intention and understanding in the
development of land and buildings and to consider compliance with applicable
Village regulations. See section 78-3310 g) for a list of possible preapplication
meeting attendees. The applicant is responsible for properly notifying the various
affected agencies in the list of the time, place and subject of the preapplication
meeting.
(Code 1977, app. A, § X(M)(2))
Sec. 78-333. Contents of application.
(a) Applications for site plan review shall be filed with the building official and
shall include those of the following information items that are applicable:
(1) Statements of unity of title, warranty deed, or purchase contract of the
subject property.
(2) Statement describing in detail the character and intended use of the
property.
(3) General location map, showing relation of the site for which site plan
approval is sought to major streets, schools, existing utilities, shopping areas,
important physical features in and adjoining the project, and the like.
(4) Fifteen (15) copies of a site plan containing the title of the project and
names of the architect, engineer, project planner and/or developer, date, and
north arrow, and based on an exact survey of the property drawn to a scale of
sufficient size to show:
a. Boundaries of the project, any existing streets, buildings,
watercourses, and easements, and section lines.
b. Exact location, use, height, and bulk of all buildings and structures.
c. A comprehensive traffic study, which shall be provided by an
engineering firm mutually agreed upon by both the Village and the
applicant. The study shall include but not be limited to access and traffic
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flow and volume, and how vehicular traffic will be separated from
pedestrian and other types of traffic. The cost of this study shall be paid by
the applicant.
d. Off-street parking and off-street loading areas.
e. Recreation facilities locations.
f. All screens and buffers.
g. Refuse collection areas.
h. Access to utilities and points of utilities hookups and location of all fire
hydrants close enough for fire protection.
i. Tabulations of total gross acreage in the project and the percentages
thereof proposed to be devoted to the various uses, ground coverage by
structures and impervious surface coverage.
j. Tabulations showing the derivation of numbers of off-street parking and
off-street loading spaces and total project density in dwelling units per
acre, if applicable.
(5) If common facilities (such as recreation areas or structures, common
open space, etc.) are to be provided for the development, statements as to
how such common facilities are to be provided and permanently maintained.
Such statements may take the form of proposed deed restrictions, deeds of
trust, surety arrangements, or other legal instruments providing adequate
guarantee to the Village that such common facilities will not become a future
liability for the Village.
(6) Preliminary storm drainage and sanitary sewage plans or statements.
(7) Architectural elevations for buildings in the development, and exact
number of units, sizes and types, together with typical floor plans of each
type.
(8) Landscaping plan, including types, sizes and locations of vegetation and
decorative shrubbery, and showing provisions for irrigation systems.
(9) Plans for signs, if any.
(10) Plans for recreation facilities, if any, including buildings and structures
for such use.
(11) Plans for the extraction of fill and mineral resources and alterations or
modifications to the slope, elevation, drainage pattern, natural vegetation and
accessibility of the development.
(12) Such additional data, maps, plans or statements as may be required by
the Village for the particular use or activity involved, including impacts on
affected community facilities and services created by the development.
(13) Such additional data as the applicant may believe is pertinent to the site
plan.
(14) If development is to occur in phases, those phases should be clearly
delineated on the site plan and identified in the plans and requirements
appurtenant to that site plan, and each development phase shall be subject to
site plan review by the Village.
(15) The substance of covenants, grants of easements or other restrictions
proposed to be imposed upon the use of the land, buildings and structures,
including proposed easements or grants for public utilities, if applicable.
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(16) A statement from the applicant that the submitted site plan is consistent
with the goals, objectives, and all other provisions of the Village
comprehensive development plan, and further that the projected use is
specifically authorized by development ordinances and regulations. The
statement shall include, but not be limited to, specific references to those
sections of the comprehensive plan relating to the proposed development.
(17) A statement from the applicant or landowner that all pertinent permits
are concurrently being sought from the applicable county, state, and federal
agencies. Such permits shall be secured prior to the issuance of a building
permit for any development on property included within the site plan.
(b) Items listed in subsection (a) of this section in the application content which
require the preparation of architectural or engineering drawings shall be prepared
and certified by an engineer or architect registered in the state. Land surveys,
site plans and plans and requirements appurtenant to site plans shall be
prepared and certified by a registered surveyor, engineer, architect or landscape
architect, or a practicing land planner, as may be appropriate to the particular
item.
(c) Any item submitted as part of the application content which requires
modification at any time during the site plan review process by the Village may
be so modified without resubmittal of an entirely new application; provided,
however, that the modification is approved by the building official and Village
Council and is determined to be consistent with the terms and intent of this
section and the zoning district in which the site is located.
Sec. 78-334. Application and review process.
Applications for site plan review shall adhere to the following procedures and
requirements:
(a) Preapplication meeting. A preapplication submittal meeting shall be held
with the applicant and his design team and the building official and his
development staff.
(b) Review by Community Development Director. The Community
Development Director or designee shall review the submitted site plan, and plans
and requirements pertinent to the site plan, to ensure compliance with the
applicable site regulations, use regulations, parking regulations and all other
technical requirements. If the application is deemed by the Community
Development Director or designee to be at variance with such regulations and
requirements, further action on the site plan review shall be stayed until such
variance is resolved or appropriate application is made to the board of
adjustment or the Village Council, as appropriate, and fer the necessary variance
is granted in accordance with Article III of this Zoning Ordinance. If the
application is deemed by the Community Development Director or designee to be
in compliance with such regulations and requirements, the application and all
exhibits and any additional comments of the Community Development Director or
designee and la+s the development review staff concerning such application shall
be submitted by the Community Development Director or designee to the
planning and zoning advisory board. The Community Development Director or
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designee shall submit such application for planning and zoning advisory board
review within forty-five (45) days of receipt of a completed application. Within 45
days of review by the planning and zoning advisory board, the Community
Development Director or designee shall then submit such application, including
the recommendations of the planning and zoning advisory board, for Village
Council review.
(c) Review by planning and zoning advisory board. Upon receipt of all required
plans, exhibits and support documents from the building official, including but not
limited to 15 copies of a current survey, proposed site plan, landscape plan, site
lighting plan, building elevations, color renderings, color samples, roof material
sample and any other exhibits deemed appropriate by the Community
Development Director or designee and the development staff, the planning and
zoning advisory board shall hold a public hearing to review, consider and make
recommendations to the Village Council regarding the application. Notice of
public hearing shall be advertised a minimum of ten (10) days in advance of the
public hearing in a newspaper of general circulation in the area. The owner of the
property for which site plan review is sought or his agent or attorney designated
by him on the submitted application shall be notified by mail of the date and time
of the hearing.
(d) Review by Village Council. Upon receipt of all required plans, exhibits and
support documents from the building official, including but not limited to fifteen
(15) copies of a current survey, proposed site plan, landscape plan, site lighting
plan, building elevations, color renderings, color samples, roof material sample
and any other exhibits deemed appropriate by the Community Development
Director or designee and his development staff, the Village Council shall hold a
public hearing to review, consider and act upon the application. Notice of public
hearing shall be advertised a minimum of ten (10) days in advance of the public
hearing in a newspaper of general circulation in the area. The owner of the
property for which site plan review is sought or his agent or attorney designated
by him on the submitted application shall be notified by mail of the date and time
of the hearing.
(e) Action by Village Council. After review, the Village Council shall grant
approval, with conditions, or deny the application and direct the building official to
approve or withhold approval of the building permit.
(f) Approval granted with conditions. When certain conditions are attached to
the site plan review, the conditions shall be stated in writing on the order granting
site plan review and shall become a part of the approved site plan.
(g) Developer's agreement. The Village Council may require an applicant to
enter into a developer's agreement with the Village if the Village Council deems
such agreement appropriate. If a developer's agreement is required of an
applicant, it shall be set forth in a recordable form, acceptable to the Village
attorney.
(h) Time limit for application for building permit. A building permit must be
issued within one year of the date of the site plan approval or the approval shall
be nullified. In the case of a site plan which provides for development phases
over a period of years, the Village Council shall set forth time within which
14
application for building permit on each phase shall be filed. If applications for
building permits are not issued within these times, the approval shall terminate
and be deemed null and void unless such time period is extended for one more
year only by the Village Council upon written request of the applicant, submitted
to the Village, prior to expiration of the site plan.
(i) Application fee.
(1) Administrative costs. To cover all administrative costs incurred by the
Village in the site plan review process, the applicant shall, upon submittal of
the application for site plan review, pay a fee in an amount as established by
resolution of the Village Council and on file in the Village Clerk's office.
(2) Additional costs. To cover all additional administrative costs, actual or
anticipated, including, but not limited to, engineering fees, consulting fees,
attorneys' fees, advertising costs and special studies, the applicant shall
compensate the Village for all such costs prior to the processing of the
application, not later than 30 days after final application approval, whichever
is determined as appropriate by the Community Development Director or
designee.
Secs. 78-335--78-360. Reserved.
Section 4: Chapter 78. Zoning. of the Code of Ordinances of the Village
of Tequesta is hereby amended at Article IX. Supplemental Regulations.
Division 3. Special Exception Uses. by amending sections 78-367, 78-368 and
78-369 to provide revised notice requirements; providing that Article IX.
Supplemental Regulations. Division 3. Special Exception Uses. shall hereafter
read as follows:
DIVISION 3. SPECIAL EXCEPTION USES
Sec. 78-361. Purpose.
The development and execution of a zoning ordinance is based upon the division
of the Village into districts, within which the use of land and structures and the
bulk and location of structures in relation to the land are substantially uniform. It
is recognized, however, that there are certain uses and features which, because
of their unique characteristics, cannot be distinctly classified or regulated in a
particular district without consideration in each case of the impact of such uses
and features upon neighboring uses and the surrounding area, compared with
the public need for them at particular locations. Such uses and features are
therefore treated as special exceptions. A special exception is not the automatic
right of any applicant.
Sec. 78-362. Criteria.
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Special exception uses and their related accessory uses or any expansion,
enlargement, or modification of an existing special exception use shall be
permitted only upon authorization of the Village Council provided that such uses
shall be found by the Village Council to comply with the following requirements
and other applicable requirements as set forth in this chapter:
(a) The proposed use is a permitted special exception use.
(b) The use is so designed, located and proposed to be operated so that the
public health, safety, welfare and morals will be protected.
(c) The use will not cause substantial injury to the value of other property in the
neighborhood where it is to be located.
(d) The use will be compatible with adjoining development and the proposed
character of the district where it is to be located.
(e) Adequate landscaping and screening is provided as required in this chapter.
(f) Adequate off-street parking and loading is provided and ingress and egress
is so designed as to cause minimum interference with traffic on abutting streets.
(g) The use conforms with all applicable regulations governing the district where
located, except as may otherwise be determined for planned developments.
Sec. 78-363. Findings required for approval.
Before any special exception is granted, the Village Council shall apply the
standards set forth in this division and shall determine that satisfactory provision
and arrangement of the following factors have been met by the petitioner, where
applicable:
(a) Compliance with all elements of the Village comprehensive plan.
(b) Ingress and egress to property and proposed structures thereon with
particular reference to automotive and pedestrian safety and convenience, traffic
flow and control, and access in case of fire or catastrophe.
(c) Off-street parking and loading area, where required, with particular attention
to the items in subsection (b) of this section.
(d) Refuse and service areas, with particular reference to subsections (b) and
(c) of this section.
(e) Nuisance factors detrimental to adjacent and nearby properties and the
Village as a whole. Nuisance factors shall include but not necessarily be limited
to noise, odor, smoke, glare, electrical interference and/or mechanical vibrations.
(f) Utilities, with reference to location, availability and compatibility.
(g) Screening and buffering, with reference to type, dimensions and character.
(h) Signs and proposed exterior lighting, with reference to glare, traffic safety,
economic effect and compatibility and harmony with properties in the district.
(i) Required yards and other open space.
(j) General compatibility with adjacent properties and other property in the
district.
(k) Whether the change suggested is out of scale with the needs of the
neighborhood or the Village.
(I) Any special requirements set out in the schedule of site regulations in section
78-143 for the particular use involved.
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Sec. 78-364. Imposition of additional conditions and safeguards.
In addition to the standards listed in section 78-363 and specific conditions listed
for each particular special exception listed within any particular zoning district,
the Village Council may impose other such conditions and safeguards as it
deems appropriate in conformity with this chapter for the protection of the
surrounding properties and the neighborhood or general welfare of the public.
Sec. 78-365. Denial.
Should the Village Council deny a special exception, it shall state fully for the
record the reasons for doing so. Such reasons shall take into account the factors
under section 78-363 and all other conditions and particular regulations relating
to the specific special exception requested.
Sec. 78-366. Reapplication after denial.
(a) Whenever the Village Council has denied an application for a special
exception, the Village shall not thereafter consider any further application for
special exception on any part of or all of the same property for a period of 12
months from the date of such action.
(b) The time limits of subsection (a) of this section may be waived by three
affirmative votes of the Village Council when such action is deemed necessary to
prevent injustice or to facilitate the proper development of the Village.
Sec. 78-367. Time limit for commencement of use.
(a) A special exception shall commence within 12 months from the date of grant
of the special exception unless extended by action of the Village Council;
otherwise it is automatically rendered null and void.
(b) Commencement of a special exception occurs upon the issuance of a
building permit, preliminary plat or site plan, or upon the initiation of significant
action to satisfy requirements for improvements contained in a development
order or other regulatory documents relating to the special exception.
(c) Only one extension shall be permitted by the Village Council and the
extension shall not exceed six months. A written request for such extension of
time must be received by the Village prior to the expiration of the grant of
approval.
(d) Special exceptions granted to any governmental unit shall be exempt from
the provisions of this section unless a time limitation is made a specific condition
of the special exception.
Sec. 78-368. Application; notice of hearing.
(a) A written petition for special exception shall be submitted indicating the
section of this chapter under which the special exception is sought and stating
the grounds on which it is requested, with particular reference to the written
findings under section 78-363 and other specific conditions, if applicable, which
the Village Council shall address. The petition shall include all material necessary
to meet the requirements of the development concept plan listed in subsection
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(b) of this section and any additional information that will demonstrate that the
grant of special exception will be in harmony with general intent and purpose of
this chapter.
(b) A petitioner seeking special exception approval shall submit a development
concept plan on one or more sheets of paper measuring not more than 24 by 36
inches and drawn to a scale not smaller than 100 feet to the inch. The following
shall be provided on the development concept plan:
(1) Scale, date, north arrow, vicinity sketch, title of the project and total gross
acreage.
(2) The boundaries and dimensions of the property and its relationship to the
surrounding road system, including the width of the existing travelway
(pavement).
(3) The location and dimension of existing manmade features such as
existing roads and structures, with indication as to which are to be removed,
renovated or altered.
(4) The location of existing easements, watercourses, section lines, and
water and sewer lines, well and septic tank location, and other existing
important physical features in and adjoining the project.
(5) The location and delineation of existing trees and information as to which
trees will be removed.
(6) Identification of surrounding land use, zoning and existing buildings
within 100 feet of the petitioned site, as well as the zoning of the petitioned
site.
(7) A layout of the proposed lots and/or building sites including the following
site data:
a. Finished floor elevation.
b. Common open area.
c. Generalized landscaping and buffer areas.
d. Internal circulation patterns including off-street parking and loading
facilities.
e. Total project density.
f. Percentage of building coverage.
g. Percentage of impervious surface coverage.
h. Percentage of open space areas.
i. The shape, size, location and height of all structures.
(8) A traffic impact analysis as may be required by the Village or its
designated engineer including the following:
a. Future right-of-way dedications.
b. Intersection improvements.
c. Traffic control devices.
d. Traffic generation analysis.
e. Distribution and assignment of traffic.
f. Additional roadway needs.
(9) The proposed phasing of construction for the project if applicable.
(10) For commercial uses, office uses and uses other than residential, the
estimated square footage of the structure, the number of employees, the
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estimated seating, and the estimated number of users of the facility, such as
members, students and patients.
(11) Proposed hours of operation for commercial uses.
(12) A drainage statement or drainage plan as may be required by the
Village or its designated engineer.
(13) Size, location and orientation of signs.
(14) Proposed lighting of the premises.
(15) Ten aerial maps at a minimum scale of one inch equals 300 feet,
showing the site in question with paved boundaries superimposed.
(16) A legal description of the land proposed for development.
(c) The application shall be reviewed by the land development staff within 30
days of the submission deadline. Upon land development staff review and
analysis of all submitted materials, the building official shall forward a
recommendation to the Village Council.
(d) A public hearing shall be held by the Village Council. The property owner
may appear personally or by agent or attorney.
(e) Notice of public hearing shall be advertised a minimum of ten (10) days in
advance of the public hearing in a newspaper of general circulation in the area.
The owner of the property for which special exception is sought or his agent or
attorney designated by him on the submitted petition shall be notified by mail of
the date and time of the hearing. Notice shall be given by mail to all owners of
property within a 300-foot radius of the boundary lines of the property for which a
special exception is requested. The list of property owners within the stated
radius shall be provided by the applicant from the most recent tax roll information
as provided by the county appraiser's office. The applicant must furnish an
affidavit signed by the person responsible for providing the list. Notwithstanding
any other provision contained in this section, failure to provide written notice to
any adjacent property owners shall not constitute a jurisdictional defect provided
that proper legal notice has been published.
Sec. 78-369. Filing fee.
Upon filing an application for special exception, the applicant shall pay a fee to
the Village at the time of filing of such application. The fee shall be in an amount
as established by resolution of the Village Council and on file in the Village clerk's
office, shall not be reimbursable, and is intended to defray costs of administering,
processing, and reviewing the application. Additionally, to cover all additional
administrative costs, actual or anticipated, including, but not limited to,
engineering fees, consulting fees, attorneys' fees and special studies, the
applicant shall compensate the Village for all such costs prior to the processing
of the application, or not later than 30 days after final application approval,
whichever is determined as appropriate by the Community Development
Director.
19
Secs. 78-370--78-390. Reserved.
Section 5: Chapter 78. Zoning. of the Code of Ordinances of the Village
of Tequesta is hereby amended at Article IX. Supplemental Regulations.
Division 4. landscaping. by amending section 78-393 to delete reference to the
Community Appearance Board; providing that Article IX. Supplemental
Regulations. Division 4. Landscaping. Section 78-393 shall hereafter read as
follows:
DIVISION 4. LANDSCAPING
Sec. 78-393. Renovation of existing properties.
Whenever an existing structure is altered in any way, requiring approval of the
Village Council, landscaping, if not in accordance with present criteria
requirements set forth in this division, shall be upgraded by the responsible party
to meet the requirements of this division, unless, in the opinion of the Village
Council, such upgrading is impractical or would result in undue hardship. In this
case, the Village Council reserves the right to waive such portions of the criteria
as it deems advisable.
Section 6: Chapter 78. Zoning. of the Code of Ordinances of the Village
of Tequesta is hereby amended at Article X. Off-Street and On-Street parking
and Loading Regulations. by amending section 78-705 to revise the
requirements for dwellings in certain circumstances providing that Section 78-705
shall hereafter read as follows:
Sec. 78-705. Required number of parking spaces.
Certain of these requirements may be in conflict with the special parking
requirements set forth in the property development standards for use within the
MU mixed-use district. Where a conflict exists, the property development
standards of the MU district shall apply. There shall be provided at the time of the
erection of any main building or structure, or at the time that any main building or
structure is enlarged by more than 25 percent of the square footage of the
existing building or structure, or increased in capacity by adding dwelling units,
guestrooms, floor area or seats, minimum off-street motor vehicle parking space
with adequate provisions for ingress and egress by a motor vehicle, in
accordance with the following:
(1) Adult congregate living facilities:
a. Adult congregate living facility: Two spaces for each dwelling unit or
equivalent.
20
b. Extended care facility: Two spaces per four patient beds.
(2) Auditorium, stadium, assembly hall, cultural and civic center, gymnasium,
theater, community recreation center. One space per four fixed seats in largest
assembly room or area, or for each 40 square feet of floor area available for the
accommodation of movable seats in the largest assembly room, or one space
per 150 square feet of gross floor area, whichever is applicable to the facility.
(3) Automotive repair. Three spaces per service bay, if any, or one space per
100 square feet of gross floor area, whichever is greater.
(4) Bar and lounge: One space for each two seats provided for patron use as
established by the fire occupancy rating for the size and capacity of the
establishment.
(5) Beauty shop, barbershop, and personal service: One space per 200 square
feet of gross floor area, or two spaces per barber chair or three spaces per
beautician station, based on the design capacity of the establishment.
(6) Business and professional service: One space per 300 square feet of gross
leasable area.
(7) Church/house of worship: One space per four seats, or one space per 30
square feet of usable floor area of auditorium, whichever is greater.
(8) Dwellings:
a. Single-family: Two spaces per dwelling unit.
b. Two-family (duplex): Two spaces per dwelling unit.
c. Multiple-family: Two spaces per dwelling unit.
d. In the R-1 zoning district, a minimum of one required parking space must be
enclosed in a garage or carport. In the R-1A zoning district, a minimum of two
required parking spaces must be enclosed in a garage or carport.
(9) Financial institution: One space per 200 square feet of gross floor area, plus
five tandem waiting or loading spaces per drive-in lane.
(10) Full-service fuel station: Three spaces per service bay, or one space per
100 square feet of gross floor area, whichever is greater.
(11) Governmental office (other than post office): One space per 300 square
feet of gross floor area.
(12) Hotel: One space for each room or suite and one space for each employee
on the shift of greatest employment. (See subsection (2) of this section
(auditorium, etc.) for conference facilities, and see subsection (27) of this section
(restaurants, standard) for those accessory use parking space requirements.
(13) Indoor amusement: One space for each 200 square feet of gross floor
area, except for bowling alleys, which shall provide parking at the rate of five
spaces for each bowling lane.
(14) Laundromat and other self-service activity: One space for every 50 square
feet of gross floor area.
(15) Marina: 1 1/2 spaces for each boat slip.
(16) Medical and dental office or clinic: One space per 200 square feet of gross
floor area.
(17) Motor vehicle dealer. One parking space for each 200 square feet of floor
area devoted to sales, rentals, customer use, or employee office use, plus one
21
parking space for each 500 square feet of gross floor area within the service
department.
(18) Museum, art gallery, and similar uses: One space per four seats in rooms
for public assembly or for each 200 square feet of gross floor area for use by the
public, whichever is greater.
(19) Police and fire stations: One space per 200 square feet of gross floor
area.
(20) Post office: One space per 100 square feet of gross floor area.
(21) Private clubs, swim clubs and country clubs: One space per three persons
of maximum capacity of the facility as determined by its fire occupancy rating.
(22) Public library: One space per 300 square feet of gross floor area for public
use.
(23) Public utility buildings: One space per 1,000 square feet of gross floor area
plus one space per 200 square feet of office or attendant area.
(24) Retail sales and service: One space per 250 square feet of gross floor
area which is devoted to sales, display and customer service.
(25) Restaurant (carryout or drive-in): One space per 100 square feet of that
portion of the gross floor area which is devoted to sales and customer service.
(26) Restaurants (fast food): One space per 50 square feet of gross floor area,
or one space per three seating accommodations, whichever is greater.
(27) Restaurants (standard): One space per three seating accommodations, or
one space per 100 square feet of gross floor area, whichever is greater.
(28) Schools:
a. Senior high, college and university: Two spaces per three teachers and
employees normally engaged in or about the building or grounds, plus one space
per five students, or one space for each 150 square feet of seating area,
including aisles, in any auditorium, gymnasium or cafeteria intended to be used
as an auditorium, whichever is greater.
b. Elementary and junior high: Three spaces per room used for administrative
offices, plus one space per room used for class instruction, plus one space for
each six seats in the auditorium and other places of assembly or facilities
available to the public.
c. Trade and vocational: Five spaces per room used for administrative offices,
plus one space per room used for class instruction, plus one space for each five
seats in the auditorium and other places of assembly or facilities available to the
public.
d. Day nursery, kindergarten, preschool, and day care center: Two parking
spaces per three teachers and employees normally engaged in or about the
building or grounds, plus one off-street loading space per eight pupils.
(29) Shopping centers: One space per 250 square feet of gross leasable area
(GLA).
(30) Wholesale establishments: One space per 100 square feet of customer
area plus one space per 400 square feet of noncustomer area.
(31) Uses not specifically mentioned: For any use not specifically mentioned,
off-street parking requirements for a use which is mentioned and to which the
such use is similar shall apply.
22
(32) Mixed uses: In the case of mixed uses (exclusive of shopping centers), the
total requirement for off-street parking shall be the sum of the requirements of the
various uses computed separately.
Section 7: Each and every other section and subsection of Chapter 78.
Zoning. shall remain in full force and effect as previously enacted.
Section 8: All Ordinances or parts of Ordinances in conflict herewith be
and the same are hereby repealed.
Section 9: 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 10: Specific authority is hereby granted to codify this Ordinance.
Section 11: This Ordinance shall become effective immediately upon
passage.
23
Upon First Reading this 18th day of March, 2008, the foregoing Ordinance was offered
by Council Member Paterno, who moved its adoption. The motion was seconded by
Council Member Humpage, and upon being put to a vote, the vote was as follows:
Mayor Pat Watkins
Vice-Mayor Calvin Turnquest
Council Member Vince Arena
Council Member Tom Paterno
Council Member Jim Humpage
For Adoption Against Adoption
X
X
X
X
X
Upon Second Reading this 10T" day of April, 2008, the foregoing Ordinance was offered
by Vice-Mayor Turnquest, who moved its adoption. The motion was seconded by
Council Member Humpage, 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
ATTEST:
Pat Watkins
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