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Home My WebLink AboutDocumentation_Regular_Tab 20_09/12/2013 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: 37-13 9/12/13 Consent Agenda: No Resolution #: Originating Department: Legal / Police _ __ ' �' • • • • — C — • • —�� Ordinance 37-13, First Readinq, AMENDING CHAPTER 78. ZONING. °�� I� �'� : 8�s. � SUPPLEMENTAL REGULATIONS. AT DIVISION 1. GENERALLY. BY CREATING AN ENTIRELY NEW SEC. 78-305. MAILBOXES. TO ESTABLISH REGULATIONS REGARDING CURBSIDE MAILBOX PLACEMENT AND DESIGN; AND BY CREATING AN ENTIRELY NEW SEC. 78-306. STORM PANELS, SHUTTERS. TO ESTABLISH REGULATIONS REGARDING THE USE OF STORM SHUTTERS � . . •, Account #: Amount of this item: Current Budgeted Amount Available: Amount Remaining after item: Budget Transfer Required: , Appropriate Fund Balance: '' � ' •" .� • •- • � • .� �. �`•-� . . Department Head Submitted by Legal Zacarais Poli M , ,,,sss °�. (�; � ; . • 9 / ..,. . �� . 6 �`` Finance Director � � �� Reviewed for Financial S fficiency ❑ �� ,. No Financial Impact � � - � � Attorney: (for legal sufficiency) j � �.� ;,., , f�� .�, ��-F� ,. ��, , Village Manager: Submit for Council Discussion: 0 `"`�`m ' L � Approve Item: ❑ Deny Item: � � • ; ��i�� (:�� il i I; (1 . . - .. - . -. .- - . .- - • — • • • — • ,Ik�?jlilk r �: ,�;Ib�K � � >>II(:�KC(�� • — — — • — `i Form Amended: 7/12/12 ORDINANCE NO. 37-13 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING. ARTICLE IX. SUPLEMENTAL REGULATIONS. AT DIVISION 1. GENERALLY. BY CREATING AN ENTIRELY NEW SEC. 78-305. MAILBOXES. TO ESTABLISH REGULATIONS REGARDING CURBSIDE MAILBOX PLACEMENT AND DESIGN; AND BY CREATING AN ENTIRELY NEW SEC. 78-306. STORM PANELS, SHUTTERS. TO ESTABLISH REGULATIONS REGARDING THE USE OF STORM SHUTTERS; 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. WHEREAS, the Village Council of the Village of Tequesta, Florida, desires to amend Chapter 78. Zoning. Article IX. Supplemental Regulations. Division l. Generally, by creating an entirely new Sec. 78-305. Mailboxes. to establish regulations regarding curbside mailbox placement and design in order to protect and preserve the aesthetic qualities of Village rights-of- way and to provide for the safety of those using such rights-of-way; and WHEREAS, the Village Council of the Village of Tequesta, Florida, desires to amend Chapter 78. Zoning. Article IX. Supplemental Regulations. Division 1. Generally, by creating an entirely new Sec. 78-306. Storm panels, shutters. to establish regulations regarding the use of storm shutters in order to protect the health, safety and welfare of those residents that utilize storm shutters on their properties, in accordance with the Florida Fire Prevention Code and the Florida Life Safety Code as adopted by the Village and in order to preserve the aesthetic qualities of Village's neighborhoods; and WHEREAS, the Village Council believes this amendment to its Code of Ordinances is 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, FLORIDA, THAT: Section 1: Chapter 78. Zoning. Article IX. Supplemental Regulations. Division 1. Generally. of the Code of Ordinances of the Village of Tequesta is hereby amended by creating 1 an entirely new Sec. 78-305. Mailboxes. to esta.blish regulations regarding curbside mailbox placernent and design; providing that Sec. 78-305 shall hereafter read as follows: Sec. 78-305. Mailboxes. Curbside mailboxes for home mail deliverv mav be installed in the Villa�e's rights-of-wav subiect to the followin�: (1) Curbside mailboxes shall not be considered to be nrohibited structures located in a ri�ht-of-wav. (2) Cu�bside mailboxes shall complv with current United States Postal Service reQUlations which govern the desiQn of curbside mailboxes as contained in USPS STD 7B. (3) Prior to installin� anv curbside mailbox. the installer should contact the local nost to ensure its correct blacement and hei�ht at the street. Generallv. mailboxes are installed at a heisht of 41 — 45 in from the road surface to the inside floor of the mailbox and are set back 6— 8 in. from the front face of the curb or road ed�e to the mailbox door. (4) No mounting annaratus mav extend above the height of the ton of the curbside mailbox itself. Section 2: Chapter 78. Zoning. Article IX. Supplemental Regulations. Division l. Generally. of the Code of Ordinances of the Village of Tequesta is hereby amended by creating an entirely new Sec. 78-306. Storm panels, shutters. to esta.blish regulations regarding the use of storm shutters; providing that Sec. 78-306 shall hereafter read as follows: Sec. 78-306. Storm nanels. shutters. (al All comnonents of storm nanel svstems or shutter svstems which are nermanentiv att ached to a buildin� such as the combonents of accordion or rol un shutters or similar svstems — -- -- _ shall match or com�liment the eolor of the walls or trim of the buildmg. Anv such nermanentiv installed svstem shall not be closed or activated while the buildin� is occunied, unless a tronical storm or hurricane "warnin�" or "watch" has been issued. or a sta.te of emereencv declared. In such a case, the svstem mav be closed or activated but must be obened or de-activated within two (21 weeks of the end of the storm event or emer�encv. (bl Anv storm nanels or shutters which are temnorarilv o s easonallv installed. hun� or attached to a buildin� or are otherwise utilized for their intended puraose for anv neriod of time in excess of thirtv (301 consecutive davs must be manufactured. nainted or treated so that thev match or comniement the color of the buiidin� to which thev are attached subiect to the following: (11 Corru�ated aluminum or other metallic �anels or shutters need not be painted, but must be nronerlv maintained and uniform in annearance on the buildin� to which thev are attached. f21 The use of wood nanels or shutters is nermitted so lone as the wood that is installed, hun�. attached to a buildin� is nainted to match the color of the walls or trim of the building. !3) Under no circumstances shall temnorarilv or seasonallv installed, hun� or attached shutters be insta.11ed, hun� or atta to a buildin� while the buildin� 2 is bein� occunied, unless a tronical storm or hurricane "warnin�" or "watch" has been issued. or a state of emer�encv declared. In such a case, the nanels or shutters mav be installed but must be removed within two (21 weeks of the end of the storm event or emer�encv. (c1Re�ardless of anvthin� contained in this section to the contrary, the re�txlations set forth herein are not intended to nrohibit the use of anv shutter as a sunscreen or for the nurnose of �rovidin� shade when such use is on a dailv, as-needed basis. Such use contemnlates that the shutters will be onened dailv during such times that thev are not needed to be used as a sunscreen for the nrovision of shade. Otherwise, the use of storm nanel svstems or shutter svstems while the buildin� to which thev are attached is occunied bv anv uerson must be: 1) Pursuant to the issuance of a tronical storm or hurricane "warnin�" or "watch"; or f21 Pursuant to the declaration of a state of emergencv: or �3) In comnliance with ali �rovisions of the Florida Fire Prevention Code and the Florida Life Safetv Code as adonted bv the Villa�e at chanter 34. Said comnliance s�ecificallv includes nrovisions reiative to in�ress. e�ress and escane reauirements. Section 3: Each and every other section and subsection of Chapter 78. Zoning, shall remain in full force and efFect as previously enacted. Section 4: All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 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 and incorporate this ordinance into the e�sting Code of Ordinances of the Village of Tequesta. Section 7: This ordinance shall take effect immediately upon adoption. 3