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Home My WebLink AboutDocumentation_Regular_Tab 16_11/14/2013 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: 37-13 11/14/13 Consent Agenda: No Resolution #: Originating Department: Legal ---------_ _ ____ -__-- - _ _ --_, ' � ' • • • • - : - � • -�m --- - - _ - ORDINANCE NO. 37-13. SECOND READING, AN ORDINANCE OF ^-_- - � "" "' '� _-_- _ _, , __ , VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING. ARTICLE IX. SUPPLEMENTAL REGULATIONS. AT DNISION l. 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. � . . .. Account #: Amount of this item: Current Budgeted Amount Available: Amount Remaining after item: Budget Transfer Required: Appropriate Fund Balance: _.. __ - — -- _ _ -- - ---- -_ __._ __--- � � • � • � '°a' . . ' ' ., : _. � „ : - .: ,, ., ,_ � � . � . . . . . . . . _ . .. . -, . . .. ... ';f —_____.__—______—_. __.___ __ _ �_.._ __.__—.__� • � � .._._........__..__—'_ ____._._.____— __ .._' � • � � --._—_______'_______..__— '—'_'—_._—� Department Head Submitted by Legal Finance Director .�,, � f :� Reviewed for Financial Sufficiency ❑ I' ,��r' No Financial Impact � �--=�� Attorney: (for legal sufficiency) Village Manager: - -- _ _ __ _ - � Submit for Council Discussion: K Approve Item: [] Deny Item: � � • • ° . . - _: - - a -. .- - . .- - .- . ..- . . -.. .._ - s -- - s - Form Amended: 7/12/12 ORDINANCE NO. 37�13 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 7$. ZONING. ARTICLE IX. SUPLEMENT.AL REGULATIONS. AT DIVISION 1. GENERALLY. BY CREATING AN ENTIRELY NEW SEC. 78-305. MAILBOXES. TO ESTABLISH REGULATIONS REGARDING CURBSIDE MAILBOX PLACEMENT AND DESIGN; AND BY CREATING AN ENTIRELY NEW SEC. 78-306. STORM PANELS, SHUTTERS. TO ESTABLISH REGULATIONS REGARDING THE USE OF STORM SHUTTERS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB- SECTION OF CHAPTER 7$. ZONING. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDiNG A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTNE DATE; .AND FOR OTHER PURPOSES. WHEREAS, the Village Council of the Village af Tequesta, Florida, desires to amend Chapter 78. Zoning. Article IX. Supplemental Regulations. Division 1. Generally, by creating an entirely new Sec. 78-305. Mailboxes. to esta.bl�sh regulations regarding curbside mailbox placement and design in order to protect and preserve the aesthetic qualities of Viliage 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 I�. 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 thase 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 l. Generally. of the Code of Ord.inances of the Village of Tequesta is hereby amended by creating 1 an entirely new Sec. 78-305. Mailboxes. to establish regulations regarding curbside mailbox placement 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 ri�hts-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) Curbside mailboxes shall comtilv with current United State Postal Service re�ulations which �overn the des�i�n of curbside mailboxes as contained in USPS STD 7B. (3) Prior to installin� any curbside mailbox. the installer should contact the local ost office to ensure its correct nlacement and hei�ht at the street. Generallv, mailboxes are installed at a hei�ht 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 r oad edae to the mail door (4) Mountin� apparatus shall be subject to the follo re�ulations: �"Traditional" mailbox supbort structures similar to the structures denicte in fi�ure 1 are p�rmitted. b_ Mailbox s uppo rt structures made of masonrv materials are prohibited. � Color and _texture of mailbox sunnort �tructures should match or comuliment the �rincinal structure on the nronertv• d. Mailbox supt�ort structures should be designed to "breakawav" in the event of a collision with a motor vehicle. e. Custom or non-traditional mailbox support structures shall not exceed the dimensions of 2 feet wide by 2 feet deep b�5 feet hi�h. .a�rin.,N,. .. Section 2: 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 an entirely new Sec. 78-306. Storm panels, shutters. to establish regulations regarding the use of storm shutters; providing that Sec. 78-306 shall hereafter read as follows: Se . 78-306. Storm nanels. shutters. (al All comnonents of storm nanel svstems or shutter svstems which are nermanentiv attached to a buildin�, such as the comt�onents of accordion or roll un shutters or similar svstems, 2 shall match or comnliment the color of the walls or trim of the buildin�. Anv such nermanentiv installed svstem shall not be closed or activated while the buildin� is occunied. unless a tronical stortn or hurricane "warnin�" or "watch" has been issued or a state of emer�encv declared In such a case, the svstem mav be closed or activated but must be onened or de-activated within two 21 weeks of the end of the storm event or emer�encv. (bl Anv storm banels or shutters which are temnorarilv or seasonallv installed hun� or attached to a buildin�, or are otherwise utilized for their intended buraose for anv neriod of time in excess of thirtv (301 consecutive davs must be manufactured. painted ar treated so that thev match or comnlement the color of the_buildin� to which thev are attached. subiect to the followinQ: (1) Manufactured t�anels or shutters made of aluminum steel notvcarbonate or other simil r materials need not be nainted but must be nronerlv maintained and uniform in annearance on the buildin� to which thev are attached. (21 The use of wood nanels or shutters is nermitted so lona as the wood that is installed. hun�, attached to a buildin� is uainted to ma the color of the wa lls or trim of the buildin�. (31 Under no circumstances shall temnorarilv or seasonallv installed. hun� or attached shutters be installed hun� or attached to a buildin� while the buildin� is bein occubied, unless a trobical storm or hurricane "warnin�" or "watch" has been issued, or a state of emer�encv declared. In such a case, the banels or shutters mav be installed but must be removed within two (2) weeks of the end of the storm event or emer�encv. (c1Re�ardless of anvthin� contained in this section to the contrarv. the re�ulations set forth herein are not intended to nrohibit the use of anv shutter_as a sunscreen or for the nuroose of providin� 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 brovision of shade. Otherwise, the use of storm banel svstems or shutter svstems while the buildin� to which thev are attached is occunied bv anv nerson must be: (11 Pursuant to the issuance of a tronical storm or hurricane "warnin�" or "watch";_or (21 Pursuant to the declaration of a state of emeraen„_ c„ �,�or 31 In comnliance with all nrovisions of the Florida Fire Prevention Code and the Florida Life Safetv Code as adonted bv the Villa�e at chat�ter 34. Said comnliance snecificallv includes orovisions relative 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. 3 Sec�„ tion 3: Shauld any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a Couxt of competent jurisdiction to be invalid, such decision sha11 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 existing Code of Ordinances of the Village of Tequesta.. Section 7: This ordinance sha11 take effect i.mmediately upon adoption. 4