HomeMy WebLinkAboutDocumentation_Regular_Tab 15_09/12/2013 VILLAGE CLERK'S OFFICE
AGENDA ITEM TRANSMITTAL FORM
Meeting Date: Meeting Type: Regular Ordinance #: 32-13
9/12/2013
Consent Agenda: No Resolution #: N/A
Originating Department: Legal
` �` • • • • — : —• • . —�• ._
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORI���'�,
AMENDING CHAPTER 78. ZONING. ARTICLE IL CHANGES AND AMENDMENTS. TO CLARIFY THE
ZONING CODE AMENDMENT PROCESS AND REQUIREMENTS FOR A MORATORNM; AND
ARTICLE III. APPEALS AND VARIANCES. TO CLARIFY THE COMPOSITION OF THE BOARD OF
ADJUSTMENT AND THE USE OF ALTERNATE MEMBERS; TO RFVISE THE RE-ORGANIZATION
PROCESS FOR THE BOARD OF ADJUSTMENT; TO REVISE NOTICE REQUIREMENTS FOR THE
APPEAL PROCESS; AND TO UPDATE THE FILING FEE REQUIREMENTS; PROVIDING THAT EACH
AND EVERY OTHER SECTION AND SUB-SECTION OF CHAPTER 78. ZONING. SHALL REMAIN 1N
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
� . . ..
Account #: Amount of this item:
Current Budgeted Amount Available: Amount Remaining after item:
Budget Transfer Required: Appropriate Fund Balance:
� � � � � �• (� )� ���1�� b,s: �r��,� .,,��90P; ( ih 'X. ]';l/,b7JKJd li «JN � �.' <,',I� ),H I 11 ,.,��I i�,«1,717r;� -
z_ _
� � � � �
Department Head Submitted by Legal
Finance Director
Reviewed for Financial Sufficiency ❑
No Financial Impact ❑
Attorney: (for legal sufficiency)
Village Manager; ,�..__m----�
�-�
Submit for Council Discussion: ��
Approve Item: �
Deny Item: [�
. _
� •' • • .• —� ���u:9"�°i's: IK�IC1dcC��l I?�°"�I�Jlliz� 1,4�? IJ Ih.a�l�x�?k` ijlx_°
�
• — • • • � • • — • . • • . — • — — — • fl�"I���l'.)!
Form Amended: 7/12/12
ORDINANCE NO. 32-13
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 7$. ZOlvING. ARTICLE
II. CHANGES AND AMENDMENTS. TO CLARIFY THE ZONING CODE
AMENDMENT PROCESS AND REQUIREMENTS FOR A
MORATORIUM; AND ARTICLE III. APPEALS AND VARIANCES. TO
CLARIFY THE COMPOSITION OF THE BOARD OF ADJUSTMENT
AND THE USE OF ALTERNATE MEMBERS; TO REVISE THE RE-
ORGAl�TIZATION PROCESS FOR THE BOARD OF ADJUSTMENT; TO
REVISE NOTICE REQUIREMENTS FOR THE APPEAL PROCESS; AND
TO UPDATE THE FILING FEE REQUIREMENTS; 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, as part of the ongoing comprehensive code of ordinances update, certain
__ __ __ ____. provisions in the zoning ordinance amendment process and variance and appeal process require
revision to provide clarification and internal consistency; and
WHEREAS, the Village Council desires to adopt such revisions to the Village's zoning
code; and
WHEREAS, #he Village Council believes the code amendment conta.ined in this
ordinance will be in the best interests of the citizens 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 II. Changes and Amendments. to clarify the zoning code
amendment process and requirements for a moratorium; providing that Article II. Changes and
Amendments. shall hereafter read as follows:
ARTICLE IL CHANGES AND AMENDMENTS
Sec. 78-31. Authorized; procedure; protests.
Sec. 78-32. Filin fg ee; application forms; submission of other information.
1
Sec. 78-33. Reconsideration after denial.
Sec. 78-34. Building�ermit moratorium.
Secs. 78-35-78-60. Reserved.
Sec. 7&31. Authorized; procedure; protests.
(a) The village council may from time to time, on its own motion or on petition,
amend, supplement, change, modify or repeal by ordinance the boundaries or
districts or regulations or restrictions established in this chapter, after public
hearing pursuant to established procedure of the village and in accordance with
the applicable local government comprehensive planning requirements of the
state.
(b) In case of a protest against such change signed by tne owners of record of 20
percent or more, either of the area of lots which are included in such proposed
change, or of those within a 200-foot radius of the proposed change, such
amendments shall not become effective except by the favorable vote of four #�e-
fifths of the village council.
(c) The provisions relative to public hearings and official notices shall apply equally
to all changes and amendments.
Sec. 78-32. Filing fee; application forms; submission of other information.
There shall be a charge, as set by resolution of the village council and on file in
the village clerk's office, to particularly cover the administrative cost of sending out
_ _ _ __.
notices and other incidental or additional expenses connected with the investigation of the
facts involved in any petition to amend, supplement, change, modify, or repeal the
regulations, restrictions and boundaries established in this chapter, which amount shall be
paid to the village at the time of the filing of such petition. Such sum shall be a flat fee
and the fee, or any part thereof, shall not be refundable. The building official is
authorized to furnish application forms for all requested zoning changes. Legal
descriptions, surveys and other information required to consider the requested zoning
change shall be furnished by the applicant.
Sec. 78-33. Reconsideration after denial.
Should a proposed zoning amendment be denied, after having a public hearing as
provided in this article, the village council shall not reconsider such amendment or
request for an amendment for a period of six months after denial, unless the village
council determines that the public interest shall require it to do so.
Sec. 78-34. Building permit moratorium.
Upon the determination that a zoning review is desirable and that a public hearing
should be held as provided in this section, the village council may, in its discretion,
establish bv ardinance a zonin� in nro�ress moratorium and/or a building permit
moratorium for the area under consideration and so notify the communitv develonment
director and building officiaL In declaring such moratorium, the village council shall
specify the nature and type of zoninQ anbroval or new construction barred by the
moratorium. Anv moratorium shall be narrowlv tailored to address the sbecific issue in
need of review. The village council shall also specify the duration of such moratorium.
2
Secs. 78-35--78-60. Reserved.
Section 2: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article III. Appeals and Variances. to clarify the composition of the Board
of Adjustment and the use of alternate members; to revise the re-organization process for the
Board of Adjustment; to revise notice requirements for the appeal process; and to update the
filing fee requirements; providing that Article III. Appeals and Variances. sha11 hereafter read as
follows:
ARTICLE III. APPEALS AND VARIANCES
Sec. 78-61. Generallv.
Sec. 78-62. Board of adjustment established; membership• rules of procedure.
Sec. 78-63. Appeal procedure.
Sec. 78-64. Sta.v of proceedings pending decision on anpeal•
Sec. 78-65. Powers and duties of board of adj,ustment and village council• public notice.
Sec. 78-66. Decisions; required vote; resubmission after denial.
Sec. 78-67. Appeal to circuit court.
- Sec. 78-68. Time limitation on variances. -
Sec. 78-69. Filin�
Secs. 78-70-78-90. Reserved.
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-lA 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-lA and R-1 single-family
dwelling districts which are not single-family, and structures and properties in a11 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) A board of adjustment is hereby established, which sha11 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 to establish e� '���°a �° a
quorum. Alternate members shall serve without comnensation and for a term of
3
two vears. but of the initiallv annointed alternate members, one shall serve for one
vear, and one shall serve for two vears. T'hereafter. alternate members shall be
apnointed for two-vear tertns. In the event that e-�s�-e€ only three members are
present, all present members shall have to vote in favor of a variance to make it
effective. ,
, , •
� •
(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 followin� annual board
a nointments made bv the Villa�e Council ^�+�° ^°'°�a°r ��°°� The community
development director or a designated representative shall serve as clerk and
advisor to the board.
(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.
(� The board of adjustment shall also keep minutes of its proceedings, showing the
vote of eaeh 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 an applicant aggrieved by administrative action of the village manager,
the community development director or the building official, or their designees,
relating to the powers and duties of the board of adjustment or the village council
under this chapter, as appropriate. For purposes of this section, the preparation or
submittal of a staff report or its equivalent shall not be considered administrative
action subject to appellate review. Such appeal shall be taken within 15 days of
receipt the written decision being appealed, by filing with the village clerk a
notice of appeal specifying the grounds thereof. The person(s) 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 pursuant to Sec. 78-65(el, �
o„a;,,,. r„+;,.o +�,,.,.,,n�, ,. ,�„�,,,. ,...,.,;� ,„ „ „o,.,-., ,. ,.� ,. ,,,.a �,,:+�,;� .� �nn_
�
�°�,° ; �a�r° ^� +'�° r '�°°�^R and decide the same within a reasonable
time. T�-��3g� � party to the hearin� may appear in person, by
agent or by attorney.
4
(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 person(s) 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.
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 foliowing 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
�vill result in unnecessary hardship. The power to grant any such variance
shali 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 mimmum 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
5
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 sha11 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 tlus 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 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 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.
6
Sec. 78-67. Appeal to circuit court.
Any person or persons aggrieved by any decision of the board of adjustrnent or
the village council under this article, may appeal such decision to the circuit court 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 sha11 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. The board of adiustment or
the villa�e council mav �rant one six month extension to anv variance time limit unon
written reauest of the annlicant, made nrior to the exniration of the ori�inal time limit.
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 viliage 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
intended to defray the costs of administering, processing and reviewing the
application. Additionally, to cover � a� additional ����a�i�e costs�
__ _ _ _
���� including, but not limited to advertising costs, engineering fees,
consulting fees, attorneys' fees and special studies which are not cabtured bv the
anvlication fee, the applicant shall reimburse �e�s�e the village for all such
costs �-�t-�c,�o����*�,--�n�� not later than 30 days after
being invoiced bv the Villa�e ,
r,,o •,�, ao., , o� a;,.o„+,,,. aon;,.,,
���y=-�, ��-a�, �n�r��«����. Failure to
make such navment mav be �rounds for not issuing a buildin� or zonin� nermit.
or certificate of occunancv or comnletion.
(b) The building official may waive the filing fee when the applicant seeks a variance
to replace an existing screened s�vimming 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: Each and every other Section and Subsection of Chapter 78. Zoning. shall
remain in full force and effect as previously adopted.
Section 4: All ordinances or parts of ordinances in conflict be and the same are
hereby repealed.
7
Section 5: 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 6: Specific authority is hereby granted to codify this Ordinance.
Section 7: This Ordinance shall take effect immediately upon passage.
8