HomeMy WebLinkAboutOrdinance_33-13_10/10/2013 ORDINANCE NO. 33-13
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING. BY
AMENDING SECTIONS 78 -224, 78 -225, 78 -255, 78 -393 78 -399, 78 -513, 78-
519, 78-525 AND 78 -585 TO PROVIDE FOR INTERNAL CONSISTENCY,
PROPER INTRA -CODE CROSS REFERENCING AND PROPER
REFERENCE TO CURRENT STATE LAW; 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
obsolete definitions, terms and statutory references have been identified in the various parts of
the Village's zoning code which require updates to provide for internal consistency and accurate
cross - referencing with both the Tequesta Code and state law; and
WHEREAS, the Village Council desires to adopt such a revision to the Village's zoning
code; and
WHEREAS, the Village Council believes the code amendment contained 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 VII. Planned Residential Developments. by amending Sec. 78 -224.
Special Definitions, and Sec. 78 -225 General requirements and special regulations. to provide for
internal consistency and update obsolete references to certain state licensing agencies; providing
that Sec. 78 -224 shall hereafter read as follows:
Sec. 78 -224. Special definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning. All definitions appearing in section 78 -4 shall be applicable to this
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article except to the extent of inconsistency with any special definitions contained in this
section.
Adult congregate living facility means a an assisted living facility licensed by the
Fl orida Agency for Health Care Administration (AHCA) s4aw depwknent of health and
which provides a family living environment or where a
portion of space within the facility is used in common by the residents and where room,
board, and personal care are provided to persons who are unrelated to the caregiver, to
include the supervision and care necessary to meet physical, recreational, emotional, and
social life needs of clients. These facilities may or may not provide education and
training, and the level of intensity of care, as defined by Imo, varies in each
facility and various levels may exist within the same facility.
Planned residential development (PRD) means a residential development
permitted as a special exception use only within the R -2 and MUMLJ zoning district§ which
maximizes the common use of open space and recreational areas. This is accomplished
by permitting flexibility of site design by allowing and combining various building types
and housing styles which do not necessarily correspond to the property development
regulations of the zoning district in which the development is located. The entire land
area of a PRD is under unity of title planned and designed to be developed in a single
operation or by a series of prescheduled development phases according to an officially
approved site plan which is subject to the site plan review process.
Single-family attached means a building or dwelling unit which is joined to
another dwelling at one or more sides by a party wall.
Single-family attached -zero lot line means single - family dwellings with one
continuous windowless zero lot line side wall planned to accommodate cluster
development creating a sheltered outdoor living area for each dwelling unit.
Single-family detached — cluster design means single- family residences clustered
in groupings where they are adjacent to areas of common ownership.
Sec. 78 -225. General requirements and special regulations.
The following general requirements and special regulations shall apply to all
planned residential developments:
(1) Location. As set forth in the schedule of use regulations in article VI, division 2
of this chapter, a planned residential development is permitted only as a special
exception in the R -2 zoning districts.
(2) Permitted building height. The allowable heights for buildings shall be the
same as provided for in the C -2 zoning district; however, at the discretion of
the village council, building heights may be increased to a maximum of six
stories or 84 feet.
(3) Minimum area. No site shall qualify for a planned residential development
unless the development consists of a contiguous area of at least three acres.
(4) Unity of title. All land included for purpose of development within a planned
residential development shall be under unity of title of the petitioner for such
zoning designation, as provided for in section 78 -7, whether that petitioner be
an individual, partnership or corporation, or a group of individuals,
partnerships or corporations. The petitioner shall present firm evidence of the
unity of title of the entire area within the proposed planned residential
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development and shall state agreement that, if he proceeds with the proposed
development, he will:
a. Do so in accord with the officially approved site plan of the
development, and such other conditions or modifications as may be
attached to the special exception.
b. Provide agreements, covenants, contracts, deed restrictions, or sureties
acceptable to the village for completion of the undertaking in
accordance with the approved site plan as well as for the continuing
operation and maintenance of such areas, functions, and facilities as
are not to be provided, operated or maintained at general public
expense.
c. Bind his development successors in title to any commitments made
under subsections (4)a. and b. of this section.
(5) Configuration of site. Any tract of land for which a planned residential
development application is made shall contain sufficient width, depth, and
frontage on a publicly dedicated arterial or major street or appropriate access
thereto to adequately accommodate its proposed use and design.
(6) Permitted uses. Permitted uses are as follows:
a. Any uses within the specific zoning districts which are listed in the
schedule of use regulations in article VI, division 2 of this chapter as a
permitted use, accessory use, or special exception.
b. Single - family detached --- cluster design.
c. Single - family detache"atio home design.
d. Single - family attached —zero lot line.
e. Group home and congregate living facilities.
(7) Site plan approval.
a. The application content and process by which a planned residential
development shall be reviewed and acted upon by the village council
shall be the same as those provided for in article IX, division 2 of this
chapter.
b. Each approved site plan, or phase thereof, shall also be platted prior to
the issuance of a building permit for any land included within the site
plan.
(8) Platting. Each plat for a planned residential development shall be in
compliance with the provisions of F.S. ch. 177 and chapter 66
(9) Development phasing controls. Should a planned residential development be
constructed in phases, in addition to the requirements of article IX, division 2
of this chapter, the following sequence must be adhered to:
a. If a major recreation facility is planned to serve the development, it
shall be platted prior to the platting of more than 40 percent of the total
permitted dwelling units.
b. The gross density of an individual plat shall not exceed the maximum
number of dwelling units permitted in the particular zoning district
within which the PRD is located for that portion of the PRD platted as
residential area, as set forth in subsection (10)a of this section, unless
the particular plat being considered, in conjunction with all previously
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recorded plats of record, produces an average density less than or
equal to the approved maximum density for the entire planned
residential development.
(10) Area limitations for specific uses.
a. The following percentage expresses the maximum area of the planned
residential development which the specific uses may occupy:
Residential: 65 percent of gross land area.
b. All planned residential developments shall contain areas at least equal
to the following minimums:
Open space: 35 percent of gross land area.
(11) Required public facilities and services. 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:
a. Install all required public facilities/infrastructure/services prior to or
concurrent with the development impacts.
b. Phasing of all required public facilities /infiastructure /services:
1. By local government (capital improvements element).
2. By the developer (development agreements).
c. Phasing of the development.
Section 2 : Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article VIII. Planned Commercial Developments. by amending Sec. 78-
255. General Requirements and Special Regulations, to provide internal consistency and
reference to correct code sections; providing that Sec. 78 -255 shall hereafter read as follows:
Sec. 7 8-255. General requirements and special regulations.
The following general requirements and special regulations shall apply to all
PCD's:
(1) Location. As set forth in the schedule of use regulations in article VI, division 2
of this chapter, a PCD is permitted as a special exception use only as- a- special
eKeeptien in the C-2 and -_ U zoning district §.
(2) Property development regulations. Table inserts containing property
development standards for the C -2 district at Sec. 78 -143._ and table inserts
con iW ng property development standards for the MU district at &.c-78--
180(m) 1 apply to all PCD development_ with the additional following
prOVlsionS
a. Setbacks.
Front yard- sethaek- 25 f et except f euF a nd five s t o p., 3..,,' 1
shall pr-oAde an addifiofW fi- feet of sethaek for- eaeh stepy above
50 f
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R «.7 0 +1.., k Ten f o+ , , Sd e trot ot no fear yafd
way er W tFaek;
Side e k- T en f e+ a e pt a 20 feet side yard se thwk shall
be required at any k4emeting stFee4 and where a pr-epefty is
If any side or rear
yard abuts a residential w, the village council may increase the
required rear or side yard set -back by up to an additional ten feet.
b. Minimum site area, percentage of use. No site shall qualify for a PCD
unless the development consists of a contiguous area of at least three
acres. Neither the overall commercial or the overall residential land
use, shall occupy more than 60 percent of the PCD.
c. Maximum lot coverage and minimum living area requirements. The
maximum lot coverage shall not exceed 40 percent. The minimum
living area requirement for any residential unit in a PCD shall not be
less than 1,000 square foot per unit.
d. Open space. The minimum percentage of landscaped open space in
any PCD is 25 percent of the PCD.
e. Building height. The permitted height for buildings in a PCD in the
MU zoning district shall not exceed six few stories or $44 30 feet, as is
as allowed in the MU C-2 zoning district. Howeve as AS part of the
site plan approval process for a PCD located in a C -2 zoning distric , a
petitioner may request an increase in building height from four stories
or 50 feet, as is as allowed in the C -2 zoning distd ct. in aseerdmee
and at the discretion of the
village council, the building height for a PCD in a C -2 zoning district
may be increased to a maximum of five stories or 70 feet above the
average finished grade in accoW=e with the provisions of this
aW . A request that the village council increase the building
height to a height not to exceed five stories or 70 feet, as part of a site
plan application, may be granted taking into consideration the criteria
listed below:
(1) The request is consistent with the purpose and intent of this
article.
(2) The request supports and furthers the village's goals,
objectives, and policies of a PCD as set forth in section 78 -252,
the design criteria of section 78 -257, and other standards set
forth in this article, which include, but are not limited to, the
limited development of certain commercial areas with a
combination of appropriate commercial uses together with fee -
simple, residential uses, which by virtue of the PCD, are
uniquely compatible, harmonious, and mutually
complimentary.
(3) The request results from innovative design in which other
minim standards are exceeded.
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(4) The request clearly demonstrates the public benefits to be
derived, including but not limited to, the use of desirable
architectural, building, and site design techniques.
(5) The request is not based solely or predominantly on economic
reasons, and the increased height is required for other
legitimate development purposes, and which need is
substantiated by objective studies, data, reports, and other
documentary evidence.
(6) The increase in height will be compatible with existing
structures nearby and adjacent to, the development site,
regardless of whether the nearby properties are within the
corporate limits of the village or are in unincorporated Palm
Beach County.
(7) The increase in height will be consistent with existing
structures nearby and adjacent to, the development site,
regardless of whether the nearby properties are within the
corporate limits of the village or are in unincorporated Palm
Beach County.
(8) The proximity of the PCD to any residential zoning district.
(9) The request demonstrates that the increased height will be in
harmony with the general purpose and intent of this article, and
will not be injurious to the area involved, or otherwise
detrimental to the public health, safety, and welfare.
(3) Residential areas to be subject to a declaration of covenants and restrictions.
All residential units in the PCD and certain other real property as legally
described in the PCD site plan, shall be held, transferred, sold, conveyed and
occupied, subject to a declaration of covenants and restrictions formed and
created in accordance with Florida law by a community association for the
purpose of regulating, controlling, and maintaining the residential component
of the PCD. Every person or entity, upon acquisition of fee simple title of any
unit, shall automatically become a member of the community association.
Membership shall be appurtenant to and may not be transferred or separated
from the ownership of any unit which is subject to the declaration of covenants
and restrictions. All residential units in the PCD shall be subject to fee simple
ownership and the governing documents shall prohibit the use of property
subject to the declaration of covenants and restrictions from being used as a
time share, rooming house, hotel or motel, apartment complex or from being
rented for a time period less than six months. The proposed declaration of
covenants and restrictions shall be subject to the review and approval as to
compliance with this section by the village attorney prior to the sale or
conveyance of any residential unit by the developer.
(4) Parking garages. Parking garages, or portions of parking garages, which are
above natural grade, shall be counted as a story for purposes of measuring
overall building height. Subterranean parking garages and/or storage area
which are below natural grade shall not be used in calculating overall building
height in the same manner as provided in the definition of basement. See
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section 78-4. Subterranean parking garages and/or storage areas shall not
exceed the footprint of the principal structure. The declaration of covenants and
restrictions for the community association which will govern the residential
portion of the PCD, shall contain a schedule of the residential dwelling units by
unit number and legal description, together with the parking number(s),
location(s) and legal description of the parking space(s) to be assigned and
conveyed with the initial sale of each dwelling unit by the developer. The
declaration of covenants and restrictions shall expressly prohibit the sale,
conveyance, transfer or other form of attempted severance of a parking
space(s) from the unit to which it was initially assigned in and by the
declaration.
(5) Building use. The sidewalk level story (first story) of any building in a PCD
shall be limited to permissible commercial uses, and shall be pedestrian
oriented. Residential dwelling units, if any, within any building in a PCD must
be located in stories above the first story. Live /work lofts are not permitted in
the PCD.
(6) Unity of title. All land included for purpose of development within a PCD shall
be held by the property owner of record under unity of title whether that
property owner is an individual, partnership or corporation, or a group of
individuals, partnerships or corporations. The property owner or the owner's
agent must present written evidence of the unity of title of the entire area
within the proposed PCD and must provide a written agreement to the village
stating, that, if the owner proceeds with the proposed PCD, the owner will:
a. Do so in accord with the officially approved master site plan of the
development, and such other conditions or modifications as may be
attached to the special exception approval.
b. Provide agreements, covenants, contracts, deed restrictions, or sureties
acceptable to the village to guarantee the completion of the
undertaking in accordance with the approved master site plan, as well
improvement bonds and other similar documents providing for the
continuing operation and maintenance of such areas, functions, and
facilities which are not to be provided, operated, or maintained at
general public expense by the village or another entity with
jurisdiction.
c. Bind the property owner's development successors in title and
assignees, to any commitments made under subsections (5)a. and b. of
this section.
The evidence of unity of title and the proposed development agreement as
required by this paragraph shall be subject to the review and approval as to
form and legal sufficiency by the village attorney.
(7) Configuration of site. Any tract of land for which an application for PCD
approval is requested, shall contain sufficient width, depth, and frontage on a
publicly dedicated arterial or major street, or appropriate access thereto in order
to adequately accommodate its proposed use and design of the PCD. At least
one portion of the perimeter of any PCD shall be located on an arterial road as
defined by the village's comprehensive plan.
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(8) Permitted uses. Permitted uses are as follows:
a. Residential uses.
1. If residential dwellings are to be constructed as part of a
commercial building in a PCD, the residential dwellings shall
be located only within, or as an integral part of the main
buildings.
2. Any fee simple use within the R -2,, and R-3 a zoning
districts which are listed in the schedule of use regulations in
article VI, division 2 of this chapter as a permitted use.
3. Adult congregate living facilities.
b. Commercial uses.
1. Retail sales and service.
2. Business service.
3. Professional service.
4. Personal service.
S. Restaurant, bakery.
6. Theatre.
7. Health and fitness facility.
8. Other similar low - intensity commercial uses which the village
council determines are uniquely appropriate and compatible
with the other proposed commercial uses for the PCD, the
proposed residential uses, and the existing surrounding uses,
may be permitted after considering the public demand for the
proposed use, the public benefit to be derived from the
proposed use, and whether the proposed use will be injurious to
the area involved, or otherwise detrimental to the public health,
safety, and welfare; and the size, density operating hours,
traffic impacts of the proposed use.
c. Recreational uses. Any use within the R/OP zoning district which is
listed as a permitted use, accessory use or special exception.
(9) Conceptual and site plan review.
a. All applications for the development of a PCD as a special exception
use in a C -2 Qr_W zoning district are subject to conceptual plan
review as provided for in article IX, divisions 2 and 3 of this chapter.
In formulating a conceptual plan for a proposed PCD, the special
exception petitioner shall strictly comply with the requirements of
section 7 ZQ 78 -368, and at a minimum, the conceptual plan shall
address items 1. through L 46. of section - 370(bl 78 368(b) °�
aisle. In addition, the site plan application content and process by
which a PCD shall be reviewed and acted upon by the village council,
shall be the same as those provided for in article IX, division 2 of this
chapter, together with the applicable portions of this article if
additional building height is requested.
(10) Platting. Each plat for a PCD shall be in compliance with the provisions of
F.S. ch. 177.
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(11) Development phasing controls. Should a PCD be constructed in phases, in
addition to the requirements of article IX, division 2 of this chapter, the
following sequence must be adhered to:
a. If a residential land area is planned as part of a PCD, it shall not be
platted without the platting of any commercial land area.
b. If residential dwellings are to be constructed as part of a commercial
building in a PCD, the residential dwellings shall be located only
within, or as an integral part of the main buildings; however, the
residential dwellings shall not be issued a certificate of occupancy
prior to issuance of a certificate of occupancy for the commercial
occupancy of the main buildings.
(12) Architectural theme. The initial development of a PCD, or any subsequent
phase thereof, shall follow a common architectural theme throughout the entire
development. The petitioner must provide a description and examples of
architectural styles to be utilized within the PCD, including but not limited to
the overall design characteristics; roof types; window types; common features
and decorative elements and embellishments such as cornices; door and entries;
pedestrian amenities; and signage. There must be equal architectural treatment
on all four sides of any building. The theme shall be established during the
conceptual plan review process and then maintained through the development
process.
(13) Total residential dwelling unit density. For the purpose of this article, if
dwelling units are to be developed as part of a PCD, regardless of whether the
PCD is developed in phases or not, the total number of dwelling units
permitted in the PCD, shall be computed on the basis of 18 dwelling units per
gross acre of that portion of the PCD which is platted as commercial and
residential area.
(14) Required public facilities and services. No building permits or
development orders shall be issued unless public facilities and services which
meet or exceed the current adopted level of service standards, are available
concurrent with the development impacts. Compliance with this requirement
may be accomplished through one or more of the following processes:
a. Install all required public facilities /infrastructure /services prior to or
concurrent with the development impacts.
b. Phasing of all required public facilities /infrastructure/services:
1. By local government (capital improvements element).
2. By the developer (development agreements).
c. Phasing of the development.
Section 3 : 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 Secs. 78 -393 and 78 -399 to provide internal consistency with certain definitions and to
cross - reference landscape maintenance requirements from Chapters 50 and 74; providing that
these sections shall hereafter read as follows:
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Sec. 78 -393. Definitions.
The following terms, when used in this division, shall have the meanings ascribed
to them in this section, except where context clearly indicates a different meaning:
Application or apply: The actual physical deposit of fertilizer to turf or landscape
plants.
Applicator: Any person who applies fertilizer on turf and/or landscape plants in
the village.
Automatic controller: A mechanical or electronic device, capable of automated
operation of valve stations to set the time, duration and frequency of a water application.
Best management practices (BMPs): A practice or combination of practices based
on research, field- testing, and expert review, determined to be the most effective and
practicable on- location means, including economic and technological considerations, for
improving water quality, conserving water supplies and protecting natural resources.
Commercial fertilizer applicator: Any person who applies fertilizer on turf and/or
landscape plants in the village in exchange for money, goods, services or other valuable
consideration.
Constant pressure /flow control: A device that maintains a constant flow, or
pressure, or both.
Drought - tolerant: A plant that is capable of surviving a dry spell of more than
two or three months without supplemental watering.
Emitter: This term primarily refers to devices used in microirrigation systems.
Fertilize, fertilizing, or fertilization: The act of applying fertilizer to turn
specialized turf or landscape plant.
Fertilizer: Any substance or mixture of substances, except pesticide /fertilizer
mixtures such as "weed and feed" products, that contains one or more recognized plant
nutrients and promotes plant growth, or controls soil acidity or alkalinity, or provides
other spoil enrichment, or provides other corrective measures to the soil.
Filter: A device in irrigation distribution systems that separates sediment or other
foreign matter.
Florida- Friendly landscape: The principles of Florida - Friendly landscaping
include planting the right plant in the right place, efficient watering, appropriate
fertilization, mulching, attraction of wildlife, responsible management of yard pests,
recycling yard waste, reduction of stormwater runoff, and waterfront protections.
Additional components of Florida- Friendly landscape include planning and design, soil
analysis, the uses of solid waste compost, practical use of turf, and proper maintenance.
Ground cover: Low growing plants, other than turfgrass, used to cover the soil
and form a continuous, low mass of foliage.
Hrdscape: Areas such as patios, decks, driveways, paths and sidewalks that do
not require irrigation.
Hatracking: Cutting back of tree limbs to a point between branch collars/buds
(internodal cutting) larger than one inch in diameter within the tree's crown.
Hydrozone: A distinct grouping of plants with similar water needs and climatic
requirements.
Institutional applicator: Any person, other than a noncommercial or commercial
applicator that applies fertilizer for the purpose of maintaining turf and/or landscape
plants. Institutional applicators shall include, but not be limited to, owners and managers
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of public lands, schools, parks, religious institution, utilities, industrial or business sites
and any residential properties maintained in condominium and/or common ownership.
Irrigated landscape area: All outdoor areas that require a permanent irrigation
system.
Irrigation system: An artificial watering system designed to transport and
distribute water to plants.
Irrigation zone: A grouping of sprinkler heads, soakers, bubblers, or
microirrigation emitters operated simultaneously by the control of one valve.
Landscape: Any combination of living plants (such as grass, ground cover,
shrubs, vines, hedges, or trees) and non- living landscape material (such as rocks, pebbles,
sand, mulch, walls, fences, or decorative paving materials).
Landscape design: Consultation for and preparation of planting plans drawn for
compensation, including specifications and installation details for plant materials, soil
amendments, mulches, edging, gravel, and other similar materials. Such plans may
include only recommendations for the conceptual placement of tangible objects for
landscape design projects. Construction documents, details, and specifications for
placement of tangible objects and irrigation systems shall be designed or approved by
licensed professionals as required by law.
Landscape plan: Plans and drawings showing the location of buildings, structures,
pedestrian, transportation, or environmental systems, and the detail for placement of site
amenities, accessibility components, plantings and other tangible objects. Plans shall be
numbered, dated, North arrow indicated, scaled, and sealed by an appropriately licensed
professional where required by F.S. ch. 481, pt. II.
Landscaped area: The entire parcel; less the building footprint, driveways,
hardscapes such as decks and patios, and non - porous areas. Water features are included
in the calculation of the landscaped area. This landscaped area includes Xeriscape as
defined in F.S. § 373.185(l)(b).
Low flow point applicators: Irrigation applicators with output less than 60 gallons
per hour (gph).
Microirrigation (low volume): The application of small quantities of water
directly on or below the soil surface, usually as discrete drops, tiny streams, or miniature
sprays through emitters placed along the water delivery pipes (laterals). Microirrigation
encompasses a number of methods or concepts including drip, subsurface, bubbler, and
spray irrigation, previously referred to as trickle irrigation, low volume, or low flow
irrigation that deliver water directly to plant root zones with a high degree of efficiency,
no runoff, and little to no evaporation.
Moisture sensing device or soil moisture sensor: A device to indicate soil
moisture in the root zone for the purpose of controlling an irrigation system based on the
actual needs of the plant.
Mulch: Non - living, organic or synthetic materials customarily used in landscape
design to retard erosion and retain moisture.
Native vegetation: Any plant species with a geographic distribution indigenous to
all, or part, of the State of Florida as identified in: Guide to Vascular Plants of Florida,
R.P. Wunderlin, 1998, University Press of Florida, Gainesville or the Atlas of Florida
Vascular Plants ( http: / /www.florida.plantsatals.usf.edu/). Native vegetation shall consist
of those plant species indigenous to the ecological communities of South Florida.
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Pervious paving materials: A porous asphaltic, concrete or other surface and a
high -void aggregate base which allows for rapid infiltration and temporary storage of rain
on, or runoff delivered to, paved surfaces.
Plant bed: A grouping of trees, shrubs, ground covers, perennials or annuals
growing together in a defined area devoid of turfgrass, normally using mulch around the
plants.
Plant communities: An association of native plants that are dominated by one or
more prominent species, or a characteristic physical attribute.
Planting plan: Specifications and installation details for plant materials, soil
amendments, mulches, edging, gravel, and other similar materials.
Point of connection: The location where an irrigation system is connected to a
water supply.
Pop-up sprays: Spray heads that pop up with water pressure and provide a
continuous spray pattern throughout a given arc of operation.
Pressure tank. • A pressurized holding tank for irrigation water coming from wells
to minimiz cycling of the water pump.
Prohibited application period: The time period during which a Flood Watch or
warning or a tropical storm watch or warning, or a hurricane watch or warning is in effect
for any portion of the village, issued by the National Weather Service, or if heavy rain is
likely.
Rain sensor device: A low voltage electrical or mechanical component placed in
the circuitry of an automatic irrigation system that is designed to turn off a sprinkler
controller when precipitation has reached a pre -set quantity.
Runoff. Water that is not absorbed by the soil or landscape and flows from the
area.
Sod or lawn: A piece of turf- covered soil held together by the roots of the turf.
Soil moisture sensor: See "moisture sensing device ".
Tree: Anv self- sunnorting woody plant, together with its root system. arowin
upon the a rth_ us lv with one trunk of at least three inches in diameter at a height of
4% feet above the around or a muW9 mmed trunk system with a definitely formed
crown
Turf and/or turfgrass: A mat layer of monocotyledonous plants such as Bahia,
Bermuda, Centipede, Seaside, Paspalum, St. Augustine, and Zoysia.
Valve: A device used to control the flow of water in the irrigation system.
Water use zone: See "hydrozone ".
Sec. 78 -399. Maintenance.
(a) Generally.
(1) The owner, occupant, and tenant and the respective agent of each, if any, shall
be jointly and severally responsible for all landscaping and irrigation
equipment, including that located in the unpaved portion of the public right -of-
way between the paved portion of the public right -of -way and the boundary of
the owner's property. Landscaping shall be maintained in a good condition, so
as to present a healthy, neat and orderly appearance at least equal to the
original installation, and shall be kept free from refuse and debris. Any dead
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vegetation and landscaping material shall be promptly replaced with healthy,
living plantings. Vegetation proximately located to electric utility lines shall
also be maintained pursuant to Sec.
(2) Landscape maintenance for hire shall be performed in accordance with
recommendation in the Florida- Friendly Best Management Practices for
Protection of Water Resources by the Green Industries. Landscape
maintenance by homeowners should be performed in accordance with
recommendations of the University of Florida Cooperative Extension Service
and Florida Yards and Neighborhoods publications.
(3) A regular irrigation maintenance schedule shall be included, but not be limited
to, checking, adjusting, and repairing irrigation equipment; and resetting the
automatic controller according to the season yearly.
(4) Pruning of trees shall be permitted to allow for healthy growth, and to promote
safety considerations. Trees which cause a conflict with views, signage or
lighting shall not be pruned more than the maximum allowed. The village
manager, community development director or building official may suspend
the provisions of this section in case of a natural disaster. The removal of any
tr ee shall be pursuant to the applicable provisions of Article VII of Cha ten r SU.
a. A maximum of one - fourth of tree canopy may be removed from a tree
within a one -year period, provided that the removal conforms to the
standards of crown reduction, crown cleaning, crown thinning, crown
raising, vista pruning, and crown restoration pruning techniques. All
pruning shall comply with the American National Standards Institute,
ANSI 300 (Tree, Shrub and other Woody Plant Maintenance), as
amended.
b. If other than the mature height and spread is desired for any required
tree, the size and shape shall be indicated on an approved landscape
plan. Shaping of a tree shall be permitted if the tree is to be used as an
accent, focal point or as part of an overall landscape design. A
maintenance commitment shall be clearly outlined on the approved
landscape plan to explain the care and upkeep of a shaped tree.
c. Hatracking (tree topping), as defined in this division, is strictly
prohibited.
d. The following shall be exempt from the requirements of the above tree
pruning regulations however, removal of any such tree shall be
pursuant to the applicable provisions of Article VII of Chaster 50
i. Trees affected by FAA and airport safety regulations.
ii. Trees which interfere with safe site triangles, utility lines,
or utility structures. Electric utilities shall prune tree in
proximity to overhead power lines pursuant tom_ ec 74 -2
iii. Trees having crown dieback or decay greater than 1/3 the
tree canopy.
iv. Trees having suffered damage due to natural or accidental
causes.
V. Trees having insect or disease damage greater than 1/3 of
the tree crown.
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vi. Trees in botanical gardens, or botanical research centers.
(b) Yard waste management, composting and use of mulches.
(1) Yard wastes shall not be disposed of or stored directly adjacent to shorelines or
in canals, in ditches or swales, or near storm drains. In no case shall grass
clippings, vegetative material, and/or vegetative debris either intentionally or
accidently, be washed, swept, or blown off into stormwater drains, ditches,
conveyances, water bodies, wetlands, or sidewalks, or roadways.
(2) Grass clippings should be left on lawns. Grass clippings are a benefit to lawns,
replacing nutrients drawn from the soil and as mulch that helps retain moisture,
lessening the need to irrigate. Mulching mowers are recommended, because the
grass clippings are chopped very finely by special blades. If a conventional
mower equipped with a side discharge chute is used, when mowing near the
shoreline, direct the chute away from the waterbody and when mowing upland
areas, direct the chute back onto the yard, not onto the road or driveway.
(3) Mulches applied and maintained at appropriate depths in planting beds assist
soils in retaining moisture, reducing weed growth, and preventing erosion. A
layer of organic mulch three inches deep is recommended in plant beds and
around individual trees in turf areas. Use of byproduct or recycled mulch is
recommended. Mulch beds shall be specified on the landscape plan.
(c) Fertilizer management.
(1) The provisions of this section shall apply to all fertilizer applications within the
Village of Tequesta with the following exceptions:
a. Bona fide farm operations as defined in Florida Right to Farm Act,
F.S. § 823.14, as amended, provided that fertilizers are applied in
accordance with the appropriate best management practices manual
adopted by the Florida Department of Agriculture and Consumer
Services, Office of Agricultural Water Policy for the crop in question;
and
b. Fertilizer application for golf courses, parks, and athletic fields shall
follow the provisions as indicated in Rule 5E- 1.003(2)(d), F.A.C., as
amended.
c. Noncommercial applicators not otherwise required to be certified, such
as private citizens on their own residential property, are encouraged to
follow the recommendations of the UF/IFAS Extension and UF/IFAS
Florida Yards and Neighborhoods program when applying fertilizers.
(2) Licensing and Training of commercial fertilizer applicators.
a. By January 1, 2014, any commercial fertilizer applicator to an urban
landscape must be certified by the department of agriculture and
consumer services pursuant to F.S. § 482.1562, as amended.
b. All commercial and institutional applicators of fertilizer within the
Village of Tequesta, shall successfully complete and apply fertilizers
in accordance with the six -hour training program in the "Florida -
Friendly Best Management Practices for Protection of Water
Resources by the Green Industries" offered by the Florida Department
of Environmental Protection through the UF/IFAS Extension.
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(3) Fertilizers applied to turf and/or landscape plants within the Village of
Tequesta shall be formulated and applied in accordance with requirements and
directions provided on the fertilizer bag and by Rule 5E- 1.003(2), F.A.C.
Nitrogen or phosphorus fertilizer shall only be applied to turf or landscape
plants during growth periods, not during dormant periods. These fertilizers
shall not be applied except as provided for by the directions on the fertilizer
bag unless soil or plant tissue deficiency has been verified by UF/IFAS
Extension or another accredited laboratory or test.
(4) Timing of fertilizer application.
a. Care should be taken to limit the application of fertilizers containing
nitrogen and/or phosphorus to turf and/or landscape plants during the
summer rainy season.
b. In no case shall fertilizers containing nitrogen and/or phosphorus to
turf and/or landscape plants during times which a flood, tropical storm,
or hurricane watch or warning issued by the National Weather Service
is in effect for any portion of Palm Beach County.
(5) Application practices.
a. Spreadable deflector shields are required when fertilizing via rotary
spreaders. Deflectors must be positioned such that fertilizer granules
are deflected away from all impervious surfaces, fertilizer -free zones
and water bodies, including wetlands.
b. Fertilizer shall not be applied, spilled or otherwise deposited on any
impervious surface.
c. Any fertilizer applied, spilled or deposited, either intentional or
accidentally, on any impervious surface shall be immediately and
completely removed to the greatest extent practicable.
d. Fertilizer releases on an impervious surface shall be immediately
contained and either legally applied to turf or any other legal site, or
returned to the original or other appropriate container.
e. In no case shall fertilizer be washed, swept, or blown off impervious
surfaces into stormwater drains, ditches, conveyance, or water bodies.
(6) Fertilizer free zones: Fertilizers shall not be applied within ten feet or three feet
if deflector shield or drop spreader is used, of any pond, lake, canal or wetlands
or watercourse.
(d) Pesticide management.
(1) All landscape applications of pesticides, including "weed and feed" products,
for hire should be made in accordance with state and federal law and with the
most current version of the Florida - Friendly Best Management Practices for
Protection of Water Resources by the Green Industries, as amended.
(2) Property owners and managers are encouraged to use an integrated pest
management strategy as currently recommended by the UF/IFAS Extension
publications.
(3) When using pesticides, all label instructions of State and Federal law should be
adhered to. The Florida Department of Agriculture and Consumer Services is
responsible for enforcement of pesticide laws.
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Sec, lion 4: Chapter 78. Zoning. of the Cole of Ordinances of the Village of Tequesta
is hereby amended at Article IX. Supplemental Regulations. Division 7. Home Occupations. by
amending Secs. 78 -513, 78 -519 and 78 -525 to provide internal consistency with existing
definitions and terms; providing that these sections shall hereafter read as follows:
Sec. 78 -513. Definitions.
The following words, terms and phrases, when used in this division, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Code compliance division means the village division under the administration of
the village police department that is responsible for the enforcement of the regulations
and requirements set forth in this division.
Code compliance officer means the individual employed by the village and
working within the code enforcement division who is charged with the daily monitoring,
inspecting and compliance enforcement of the regulations and requirements set forth in
this division.
Department of community development means the village department responsible
for the administration of this division, the issuance of home occupation permits and the
collection of the appropriate home occupation permit fees.
Home occupation means any business or commercial activity that is conducted
from property within the village that is zoned for residential use.
Home occupation permit means a permit issued on an annual basis to a resident
for a home occupation that is authorized and regulated by this division upon the payment
of a home occupation permit fee as set by resolution of the village council and on file in
the village clerk's office.
Special ~fer means the village- appointed special magistrate iwster
who has legal jurisdiction to hear complaints and/or violations regarding the failure of a
resident holding a home occupation permit to adhere to and/or comply with the
regulations and requirements set forth in this division.
Sec. 78 -519. Inspections; imposition of additional conditions.
(a) All home occupations are subject to periodic inspections and review of the
application and permit by the village at permit renewal time.
(b) The code epfereement officer shall, by appointment, make at least one
inspection visit each year to determine if compliance with this division is being met.
(c) The village fire department shall make at least one inspection visit each year to
determine compliance with village fire codes, standards and regulations.
(d) In order to guarantee that a home occupation, once permitted, will not become a
nuisance to neighbors or otherwise violate the regulations, conditions and
requirements in this division, the department of community development and/or code
compliance division and/or fire department may recommend to the village council to
impose additional reasonable conditions as may be necessary to protect the public
health, safety and welfare.
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Sec. 78 -525. Revocation of permit.
A home occupation permit may be revoked by the department of community
development for noncompliance with the conditions, regulations, requirements, and/or
criteria set forth in this division. Revocation may occur at any time prior to the expiration
date of the permit. If the permit is revoked or is not renewed, it becomes null and void,
and the home occupation use shall be terminated. The department of community
development may utilize the services of the code _ lance enfonement division to
assist in investigation and enforcement to determine grounds for revocation of a home
occupation permit.
Section 5 : Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article IX. Supplemental Regulations. Division 9. Swimming Pools by
amending Sec. 78 -585. Child- Resistant Barrier Required. to update obsolete references to certain
state statutes; providing that Sec. 78 -585 shall hereafter read as follows:
Sec. 78 -585. Child- resistant barrier required.
All residmdal swimming pools shall be enclosed and protected by a child -
resistant barrier meeting the requirements set forth in Chanter 515. F.S the lates4adepted
edition of the Standard SvAmmift Pool Code.
Section 6: Each and every other section and subsection of Chapter 78. Zoning. shall
remain in full force and effect as previously enacted.
Section 7: All Ordinances or parts of Ordinances in conflict herewith be and the same
are hereby repealed.
Section 8 : 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 9: Specific authority is hereby granted to codify this Ordinance.
Section 10 : This Ordinance shall become effective immediately upon passage.
17
Upon Second Reading this I O day of October 2013, the foregoing Ordinance was offered by
Council Member Okun who moved its adoption. The motion was seconded by Vice -Mayor
Arena and upon being put to a vote, the vote was as follows:
For Adoption Against Adoption
Mayor Abby Brennan X
Vice -Mayor Vince Arena X
Council Member Steve Okun X
Council Member Tom Paterno X
Council Member Frank D'Ambra ABSENT
The Mayor thereupon declared the Ordinance duly passed and adopted this 10` day of October
2013.
MAYOR OF TEQUESTA
Abi"rennan
ATTEST:
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Lori McWilliams, MMC
Village Clerk �1S61
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