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Home My WebLink AboutOrdinance_274_11/13/1979. • • ~p '~ ORDINANCE N0. 271. ',~ AN ORDINANCE OF THE VILLAGE OF TEQUESTA, FLORIDA, A'~rtENDING THE ZONING ORDINANCE OF THE '~ VILLAGE TO INCLUDE SPECIAL EXCEPTION USE IN R-2 AND R-3 MULTIPLE FAA~ILY DLti7ELLING DISTRICTS FOR MARINA FACILITIES, FOR PROPERTIES WITHIN SAID ZONES WHICH ARE CONTIGUOUS TO THE INTRA- COASTAL WATERWAY, DEFINING SAME, SETTING FORTH RESTRICTIONS AND SPECIFICATIONS RELATING TO SAME, PROVIDING FOR SEVERABILITY, PROVIDING AN !I!~ EFFECTIVE DATE, PROVIDING FOR CODIFICATION. NOW THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL ~~ OF THE VILLAGE OF TEQLJESTA, FLORIDA, AS FOLLOWS: Section 1. Article IV, Definitions of Ordinance 211 is hereby amended by including therein this additional definition: Marina Facilities: Marina facilities shall include facilities for wet storage and the docking of pleasure crafts for residential purposes. arina facilities may include a marina, boat dock and yacht club. he yacht club may provide a restaurant, lounge, ships chandler and ther club facilities as an accessory use to the marina, boat dock r yacht club facility. Marina facilities are allowed only as pecial exceptions in R-2 and R-3 Multiple Family Dwelling Districts, or properties within said zones which are contiguous to the intra- astal waterway, subject to the regulations and restrictions of the zoning district, and the requirements for special exceptions. Section 2. Article X, Section 10-2 of Ordinance 211 is hereby amended to read as follows: When, after review of the application and public hearing thereon, the Village Council finds as a fact that the proposed use uses are in the public interest, after considering the standards set forth in Article XVI, Section 16.7 of this ordinance the ollowing uses may be permitted: (1) Planned Development: The site plan must be approved by the Village jCouncil pursuant to Article XII of this Ordinance. (2) Marina Facilities: Marina facilities in accordance with the definition s i 'of same set forth in Article IV and the general provisions r;~1.a- ~ i i • • ting to marina facilities set forth in Article XVI, Section 16.10 of this Ordinance, Section 3. Article XI, Section 11. of Ordinance 211 is hereby amended by adding thereto the following special exception use: (5) Marina facilities in accordance with the definition of same set forth in Article IV and the general provisions relating to marina facilities set forth in Article XVI, Section 16.10 of this Ordinance. Section 1~.. Article XVI of Ordinance 211 relating to Supplemental Regulations Applying to a Specific, to Several or to all Districts, is hereby amended by adding Section 16.10 to read as follows: Section 16.10 - Marina Facilities: 1. Marina facilities shall include facilities for wet storage and the docking of pleasure crafts for residential purposes. Marina facilities may include a marina, boat dock and yacht club, The yacht club may provide a restaurant, lounge, ships chandler and other club facilities as an accessory use to the marina, boat dock or yacht club facility, which shall be restricted to social and recreational activities and facilities with eating and drinking establishments and shall not include facilities for residency or living quarters of any kind. Marina facilities are allowed only as special exceptions in R-2 and R-3 Multiple Family Dwelling Districts, for properties within said zones which are contiguous to the Intracoastal waterway, subject to the regulations and restrictions of the zoning districts and the requiremer,t,s for special exceptions. 2. Docking of pleasure crafts is limited to not more than forty (40)boats, At no time may more than 25J of the slips in the facility be used for residential purposes. Any craft docked at the facility used for temporary residential purposes shall be allowed to serve as a residence for not more than a total of eight ($) months during any one year. There must be at least four (1,.) months intervening non-residency between each eight ($) month period of residency. • • 3. Off-street parking shall be provided in the ratio of one (1) space for each two (2) boat slips used for the docking of pleasure crafts for residential purposes. All accessory ar attendant uses shall provide off-street parking in conformance with the regulations of Article XV, Section 15.5 of this Ordinance. 4. No dock, building or other structure shall extend further than two hundred (200) feet from the established !,shoreline and shall be subject to all applicable regulations I~for dock construction of the Village and other governmental ,bodies or agencies having jurisdiction. 5. All marina facilities shall provide at each boat slip, an individual sewer and water connection which shall be connected to either an approved on-shore sewage treatment plant and water source, or to an approved existing sewage system sand water source. In lieu of the above, a central dumping station may be provided upon approval of all governmental agencies having appropriate jurisdiction. In the event neither of the above are provided the owner shall allow in the marina facility only vessels containing federally approved marine sanitation devices. The owner shall allow inspection of any and all vessels within the I (marina at any reasonable time upon request of the Village. If a vessel is found within the marina without federally approved sani- tation facilities, the owner of the marina shall be responsible, shall be in violation of the provisions of this Ordinance and shall immediately evict the vessel from the marina facility. In addition, all marina facilities shall be provided with equipment and facilities (for the collection of refuse and litter from each vessel within the (marina facility, the collection and regulation of said refuse ;collection to be subject to the approval of the Village Council in ;the application for special exception for the marina facility. 6. Each boat slip shall have an average width !of not less than fifteen (15) feet with a minimum of ten (10) feet, and an average length of not less than thirty _:k3.o7' ,~~~ ~ 'with a minimum of twenty-five (25) feet. ~, ~~~~~ ,~ ~° ,,-.~"- ti j `rra~.. -~' ...~. s • ', I; 7. Congestion shall be avoided in the berthing ,~ area by locating an entrance and an exit remote from each other, plus enough space between main piers and sufficient width of roadstead to allow for convenient maneuvering at all times. If a separate entrance and exit is not feasible, the single opening shall be located so as to be accessible from all parts within the berthing and mooring area and large enough for two (2) lines of boats to move rapidly during emergencies. The design shall specifically provide: (a) access to all parts for the operation of fire fighting apparatus, and (b) access to each boat afloat for emergency removal without the necessity of moving any other boat. 8. In no event shall dry storage or repair facilities be provided, however, fueling facilities shall be allowed. 9. Detailed site plans showing physical location of all proposed facilities and a detailed description of marina and club operations and activities shall be submitted with the special exception application. The Village Council shall attach conditions s.nd safeguards to the special exception application based upon such plans to provide for necessary limitations on lighting, hours of operation, location of principal entrances, the storage of fuel or other requirements necessary to protect adjoining property owners, to provide for traffic safety and the elimination of fire hazards, end to achieve other appropriate community objectives inherent in the special exception application. Section 5. Severability - In the event that any section, subsection, clause, sentence or provision is held invalid, the remainder of this Ordinance shall not be affected by such invalidity. Section 6. That this Ordinance, upon its effective Sate, shall be codified into the Village of Tequesta Code of ordinances. • • Section 7. That this Ordinance shall take effect immediately upon its passage and approval as provided by law. The foregoing Ordinance was offered by Council Member W. Harvey Mapes who moved its adoption. The motion was seconded by Council Member James H. Ryan and upon (being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION Howard F. Brown Leslie A. Cook W. Harvey Mapes James H. Ryan The Mayor thereupon declared the Ordinance duly passed and adopted this ~_ day of November A.D., 1979. ,'~~ayor of Tequesta ATTEST: ~) ~ ~a V lage Clerk ~/ f Y~ A~-~i~ 1; / / / /` ~ 'yam (-~~ i• 4fC r J