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Home My WebLink AboutDocumentation_Local Planning Agency_Tab 02_02/20/2014 ORDINANCE NO. 6-14 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZOI�TING. ART. VI. SCHEDULE OF DISTRICT REGULATIONS, DIVISION 1. GENERALLY, SECTION 78-143. SCHEDULE OF SITE REQUIREMENTS, AND DIVISION 2. SCHEDULE OF USE REGULATIONS, SECTION 78-177. C- 2 COMMUNITY COMMERCIAL DISTRICT AND SECTION 78-180. MIXED USE DISTRICT, BY REDUCING THE MAXIMUM PERMITTED BUILDING HEIGHT TO FOUR STORIES/50 FEET, AND ELIMINATING THE OPTION FOR A FIVE STORY BUILDING WITH UNDERGROUND PARKING; FURTHER AMENDING ART. VII. PLANNED RESIDENTIAL DEVELOPMENTS, SECTION 78-225. GENERAL REQUIREMENTS AND SPECIAL REGULATIONS, BY REDUCING THE MAXIMUM PERNIITTED BUILDING HEIGHT TO FOUR STORIES/50 FEET; AND ALSO AMENDING AT ART. VIII. PLANNED COMMERCIAL DEVELOPMENTS, SECTION 78-255. GENERAL REQUIREMENTS AND SPECIAL REGULATIONS, BY REDUCING THE MAXIMUM PERMITTED BUILDING HEIGHT TO FOUR STORIES/50 FEET; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB- SECTION OF CHAPTER 78. ZOI�TING. 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, the Village Council desires to reduce maximum height for structures in the C-2 and MiJ Zoning District to four stories/50 feet, and to eliminate the option of a five story building with underground parking, in order to bring the Village's zoning code into conformance with the existing and current sta.te of development in the Village; and WHEREAS, the Village Council desires to conform both the PRD Planned Residential Development and PCD Planned Commercial Development codes to the four story height limit in the MiJ and C-2 Zorung Districts; and WHEREAS, the 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.. Page 1 of 12 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 Art. VI. Schedule of District Regulations, Division 1. Generally. Section 78-143. Schedule of Site Requixements, by eliminating the option for a five (5) story building with underground parking in the C-2 and PCD districts; providing that Section 78-143 sha11 hereafter read. as follows: Sec. 78-143. Schedule of site requirements. The following schedule esta.blishes the minimum property and building regulations for development within the village: SCHEDULE OF SITE REQUIREMENTS Minimum Setbacks District Minimu Minim Maxim Front Side Yard Rear Maximu Minimu Minimu m Lot um Lot um Lot Yard Yard m m Living m Size Width Covera Building Area Landsca ge Height Requirem ped ents Open Space R-lA 12,000 100 ft. 37% 25 ft. 10 ft. for 20 ft. 2 1,600 sq. 30% sq. ft. ma.in for stories/3 ft. building main 0 ft. and buildin main accessory g or building building structu or re structure 20 ft. for any comer 10 ft. 1 lot� for any story/15 access ft. for ory any buildin accessor g or y structu building or Page 2 of 12 re structure R-1 8,000 75 ft. 37% 25 ft. 7 ft. for 20 ft. 2 1,200 sq. 30% sq. ft. main for stories/3 ft. building main 0 ft. and buildin main accessory g or building building structu or re structure 20 ft. for any corner 10 ft. 1 lot� for any story/15 access ft. for ory any buildin accessor g or y structu building re or structure R-2 8,000 80 ft. 37% 25 ft. 7 ft. for 20 ft. 2 1,100 sq. 30% sq. ft. main for stories/3 ft. for for a building main 0 ft. first 2 single- and buildin main bedrooms family accessory g or building plus 225 dwellin building structu or sq. ft. for g re structure each 20 ft. for additiona 10,000 any corner 10 ft. 1 1 sq. ft. lot for any story/15 bedroom. for a 2- access ft. for family ory any dwellin buildin accessor g g or y structu building 10,000 or Page 3 of 12 sq. ft. re structure for first 2 multifa mily dwellin g units plus 3,356 sq. ft. for each � addition a1 dwellin g unit not to exceed a � m�imu m density of 12 dwellin g units per gross � acre R-3 10,000 $0 ft. 35% 20 ft. 20 ft. plus 20 ft. 11 1,500 sq. 30% sq. ft. 2 ft. for plus 2 stories/1 ft. for for the 200 0 ft. for each ft. for O1 ft. first 2 first ft. an additional each measure bedrooms multifa accesso 10 ft. or additio d from , plus 225 mily ry portion nal 10 the sq. ft. for dwellin structur thereof ft. or average each g unit, e not over 50 ft. portion height of ad.ditiona plus exceedi in height thereof the crest 1 3,356 ng one of the over of the . Page 4 of 12 sq. ft. story/1 main 50 ft. sand bedroom. for each 0 ft. in building or in dune addition height structure. height line, for a1 used 10 ft. for of the main dwellin for the any main building , g unit to parking accessory buildin or a of one-story g or structure maximu vehicle building or structu east of m of 12 s only structure. re. 10 Beach dwellin (covere Plus 2 ft. ft. for Road, g units d for each any and per parking additional access measure acre. ) and story of ory d from provide the one- grade � d that accessory story west of the building or buildin Beach design structure. g or Road. 2 of the structu stories/2 front of re. 0 ft. for the Plus 2 any covered ft. for accessor parking each y structur additio buildi.ng e nal or include story structure s fully of the . landsca access ped ory grade buildin � andlor g or raised structu planters re. that provide a � minimu m of 10 ft. of landsca ped Page 5 of 12 width along the full frontag e of the covered parking structur e. C-1 7,500 75 ft. 40% 15 ft. None, 10 ft. 2 Not 25% sq. ft. except 10 from stories/3 applicabl ft. at any propert 5 ft. e intersectin y line g street or 10 and if ft. contiguous from with any center noncomm of rear ercial alley if district applica ble C-2 7,500 75 ft. 40% 25 ft, 10 ft., 10 ft. 4 N/A 25% sq. ft. except except 20 howev stories/5 4- and ft. at any er, 0 ft.� 5-story intersectin none �e-3� buildin g street where � gs and where propert � require a property y abuts be an is railroa a�e�e� ad.ditio contiguous d �e�.e� na15 with any right- � � feet for noncomm of-way �i�� each ercial or spur e� story district. track. �e above See note 5 See � 50 ft. �g Page 6 of 12 See note 5 is note 5 �� PCD � N/A 40% 25 ft. 10 ft., 10 ft. 4 1,000 25% special contigu except except 20 howev stories/5 square exception ous 4- and ft. at any er, 0 ft. � feet per uses in a G acres 5-story intersectin none ��e-� residentia 2 zoning buildin g street where s�� 1 district gs and where propert � dwelling require a property y abuts t� unit an is railroa �,:'� additio contiguous d e�� nal 5 ft. with any right- d�e for noncomm of-way � each ercial or spur � story district. track. �l� above See note 5 See � 50 ft. note 5 ^r See � note 5 � �+�� c� C-3 5,000 50 ft. 40% 15 ft. None, 10 ft. 3 Not 25% sq. ft. except 10 howev stories/4 applicabl ft. at any er, 0 ft. e intersectin none g street where and if propert contiguous y abuts with any railroa noncomm d ercial right- district of-way or spur Page 7 of 12 � track Recreation/ Not Not Not 25 ft.' 10 ft. 20 ft. 2 Not Not Open Space applica applica applica except 20 stories/3 applicabl applicab ble ble ble ft. for any 0 ft. for e le corner lot� main building or structure 1 story/ 15 ft. for accessor Y building or structure MU (See special general requirements, regulations, design principles, design objectives, and development standards that apply in this district as set forth at section 78-180.) ' For properties fronting Country Club Drive, the front yard setback shall be measured from the roadway side of the 15-foot-wide special easements. In no event shall [he building or structure be less than 25 feet from the edge of the roadway pavement of Country Club Drive. � For properties that are corner lots, where a side yard fronts Country Club Drive, the corner side yard setback shall be measured from the roadway side of the 15-foot side special easements. In no event shall the building or structure be less than 25 feet from the edge of the roadway pavement of Country Club Drive. 3 Minimum buildable lot depth cannot include submerged lands, conservation easement areas. protected wetlands, mangrove stands or similar protected areas. Accessory structures, not exceeding one story/ten feet in height. may be constructed on lots with less than the minimum lot depth. See the definition for lot depth in sec±ion 78-4 for additional reyuirements. Pa e8of12 g ' Each of these criteria shall be subject to the requirements. methodology and exemptions as set forth in the Florida Building Code when determining building height. ' F,xample: Where minimum front yard requirement is 25 feet, an additional five feet per story is added for buildings greater than three stories in height, so that a five-story building shall have a minimum front yard of 3� feet. Minimum side yards and minimum rear yards shall be adjusted in like fashion. Note: For more specific requirements, see the supplemental district regulations in article IX of this chapter. Section 2: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is hereby amended at Art. VI. Schedule of District Regulations, Division 2. Schedule of Use Regulations, Section 78-177. C-2 Community Commercial District, by eliminating the option for a five (5) story building with underground parking; providing that Section 78-177(� shall hereafter read as follows: Sec. 78-177. C-2 Community commercial district. (a) Purpose. [This paragraph shall remain in full force and effect as previously adopted] (b) Permitted uses. [This paragraph shall remain in full force and effect as previously adopted] (c) Accessory zcses. [This paragraph shall remain in full force and effect as previously adopted] (d) Special exception uses. [This paragraph shall remain in full force and effect as previously adopted] (e) Prohibited uses and structures. [This paragraph shall remain in full force and effect as previously adopted] (� PYOperty development regulations (see also table inset in section 78-143 (1) Building height. The allowable height for buildings in the G2 zoning district shall be a maximum of four stories or 50 feet above the average finished grade; rr-n�,ci-r�.car_l L,,,.,�o.,o,- +L,�� 1.,,;1a;,„r L,o;,.L,+ ,.�,.,.. �,. �;.,,. ,.�,...:..,. � ^7n �' � 1. r ............ .av..v.... .,a..,�.� u vuaauiii� aaa�i�r --- ,-,.ao, - b , - .,,,,-,.a/ � „L. � o,., - � ,,o uii�CCii�O'� z rac'�a�if�cac'�m + - ro �rr ��cciui ♦. a i ui i�. e � F��.ir_�i_Tn�n ns-f �o c..4o �n � � 0 4l. � �� -. l.4 � Y n YN NV"ui � �" 1 in � P('Ll + �,.-.� � �' z + ' !1 � + � � a � � �mii�irrr ��cvrres 0 , �„l.�o..+;..,-. 7Q 7[G/71 (2) Setbacks. The minimum setback for principal and accessory structures in the C- 2 district shall be as follows: Page 9 of 12 Front yazd setback: 25 feet, provided however, that four- and five-story buildings shall provide an additional five feet of setback for each story above 50 feet; Rear yard setback: Ten feet, provided however, that no rear yard setback shall be required if the property abuts a railroad right-of-way or spur track; Side yard setback: Ten feet except a 20-foot side yard setback shall be required at any intersecting street and where a property is contiguous with any non-commercial zoning district. (3) Minimum site area, lot width, and coverage Yequi�ements. The minimum site area shall not be less than 7,500 square feet. The minimum lot width shall not be less than 75 feet. The m�imutn lot coverage sha11 not exceed 40 percent. (4) Open space. The minimum percenta.ge of landscaped open space is 25 percent. Section 3: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is hereby amended at Art. VI. Schedule of District Regulations, Division 2. Schedule of Use Regulations, Section 78-180. Mixed Use District, by reducing the maximum pernutted building height from six stories/84 feet to four stories/50 feet; providing that Section 78-180(d)(5) shall hereafter read as follows: Sec. 78-180. MIT mized-use distric� (d) General �equi�enzents and special regulations. The following general requirements and special regulations shall apply to planned mixed-use development within the mixed-use district: (5) Building height. The maximum building height allowed shall be four s� stories or 50 �4 feet above average finish grade. Section 4: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta. is hereby amended at Art. VII. Planned Residential Developments, Section 78-225. General Requirements and Special Regulations, by reducing the maximum permitted building height from six stories/84 feet to the maximum height pemutted in the C-2 zoning district; providing that Section 78-225(2) shall hereafter read as follows: Sec. 78-225. General requirements and special regulations. The following general requirements and special regulations shall apply to all planned residential developments: (2) Permitted building height. The allowable heights for buildings sha11 be four stories or 50 feet above avera�e finish grade ��;i��er�«� ,. a; �,.,.:,,,.. �,,.�„o.,o,. .,,. ,a., o a; �,.,.e+; ,.,, „� ,.,, s .,; � � ., no ,. • � ,� •, a • �. �.,. M 5 � av vr v r va � w�, ciiv � vv�n�� o or] 4i. i.� 4 4A � 4 111V1V1{UVLL �v w au�[a� . Page 10 of 12 Section 5: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta. is hereby amended at Art. VIII. Planned Commercial Developments, Section 78-255. General Requirements and Special Regulations, by reducing the rnaximum permitted building height � from six stories/84 feet to four stories/50 feet in the MU zoning district; providing that Section 78-225(2) sha11 hereafter read as follows: Sec. 78-255. General requirements and special regulations. The following general requirements and special regulations shall apply to all t�lanned commercial develonments �B'�s: (2) Property development regulations. Table inserts containing property development standards for the C-2 district at Sec. 78-143, and table inserts containing property development standards for the MU district at Sec. 78-180(m)(4) sha11 apply to all PCD development, with the additional following provisions: e. Building height. T'he permitted height for buildings in a PCD �� *�. �T �� shall not exceed four � stories or 50 �4 feet,�s a�� oz��,��. ��er�er�e--si*�� £��a !� 7 �� •��Pec��r*aaiie� .. b.o;..l..� �.,..�. � 4 C!� �F .a � Z i:.s aivi�..i ) i��c-ala��v� �x, th�� ,. a• .�.: ,- a,-+i, a• w ��t, •�i -- � �__ .. _� .. .,�� - ... �,....... ..�.,..�.vy auaaa. u.� uiv v:ruce F9�?- "��g-a�'�'�� nr�r� • r � '� '.��'� , �-�r�-�-� ;s..,.«o., ea +,. . �i�1Z�c°c°� � c�a� r�� i�°- nr liF .i�F'F�P +� - a��umgrup�f� fic�ranr�ct t�-i�t th��;�� '� ' +1,.e �.,,;la;,,� ti, t,+,. 1� t... � Z � �i. � � �Y�YI$4 .7 �.�L;,.. ,�.+.. ;.ie +' +1. '+ 1' + ',7 L 1 � .,ua...�i� ; l l 1 T'h�-rc�aa + ' + � • ,;+t.. �t.e .. .,, a _..,._.. _r 4L � .. z � ��' i � �Tr�i�� v �l��o..+;<>o� ,,.i «,.1;.. .�� D!'�Tl + F ..F1. 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(�l Th�e��e�x--��o�e�,'*�� '� ' * + e��xc — �2�rc�i9�}Pi�orcc � �.�. c�--l�P�pr6 ..f• •�l.' +l. �., Y ,.,.�+0 1',,..,;+� 6r-tttC�t 9�-�aro _,.4,.a r�..�� -ziiu�� uo.,,.t, r,.,,,,+.> (71 Th��r � '�oe--Ee��e� �+��g �v� ., �..�.,..a .,��^��'�e� w :z�.� � c 7 �+2��S�A�F'H�3P�2�8--��°'��svj�i i��'6�-�e ��..,..,�e 1;«,;+� .,F +1..e .T:ll�.�o �+c� R� v'cmTj- (� -1 The ,. ..,;,-�, ,.�,-i, nr�r� +,. � ..;a,.��:,., � _ a._..�_.. � � r � I�LTIoe «o ��+ a +1..,+ �t.o , ,.a t.,.:,_t. _ �ii L_ � f 1V�HVU4. �f.�i �iii 4' � • � � � ..�� • ia�Iirr�Jt'tI12:7 - LiS�'CTG�IGj RSlA ��n��i.4 ti.o «i� �1"`'Til"��TI7� �e+..;v,,e.,+�1 +., +l.e ,.,,1..1;., l..o.,l+l. � +< ,7 1.0 u..., u.0 w �.z., � Section 6: Each and every other section and subsection of Chapter 78. Zoning. sha11 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 declazed 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 Ordanance shall become effective immediately upon passage. Page 12 of 12