HomeMy WebLinkAboutOrdinance_42-13_02/13/2014_Approved in 2014 ORDINANCE NO. 42-13
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING. ARTICLE
IX SUPPLEMENTAL REGULATIONS AT DIVISION 2. SITE PLAN
REVIEW, TO PROVIDE FOR INTERNAL CONSISTENCY, TO UPDATE
THE LIST OF OUTSIDE REGULATORY AGENCIES, TO BRING
LEVEL OF SERVICE STANDARDS INTO CONFORMANCE WITH THE
VILLAGE'S COMPREHENSIVE DEVELOPMENT PLAN, TO PROVIDE
FOR THE VILLAGE'S DEVELOPMENT REVIEW COMMITTEE, TO
PROVIDE FOR AN OPTIONAL CONCEPTUAL PRE - REVIEW
PROCESS AND TO UPDATE CERTAIN APPLICATION
REQUIREMENTS INCLUDING REQUIREMENTS FOR THE
IMPOSITION OF CONDITIONS OF APPROVAL; AND AT DIVISION 3.
SPECIAL EXCEPTION USES, SECTION 78 -365, TO SPECIFY THAT
CONDITIONS OF APPROVAL ASSOCIATED WITH THE GRANTING
OF A SPECIAL EXCEPTION MUST BE RELATED TO THE PROPOSED
DEVELOPMENT AND BE ROUGHLY PROPORTIONAL TO THE
ANTICIPATED IMPACTS OF THE PROPOSED DEVELOPMENT, IN
ACCORDANCE WITH RECENT RULINGS BY THE UNITED STATES
SUPREME COURT; AND AT SECTION 78 -369, TO UPDATE OPTIONAL
SPECIAL EXCEPTION USE PRE - APPLICATION REVIEW PROCESS
SUBMITTAL 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, the Village Council desires to update its site plan review process to provide
for internal consistency, update the list of outside regulatory agencies, bring level of service
standards into conformance with the Village's Comprehensive Development Plan, provide for
development review committee procedures and for an optional pre - application conceptual
review, and update certain application requirements, including requirements for the imposition of
conditions of approval; and
WHEREAS, the Village council desires to specify that conditions of approval associated
with the granting of a site plan or special exception must be related to the proposed development
1
and roughly proportional to the anticipated impacts of the proposed development, in accordance
with recent rulings by the United States Supreme Court; and
WHEREAS, the Village council desires to update optional special exception use pre -
application review process submittal requirements; 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 IX Supplemental Regulations, Division 2 Site Plan Review, to
provide for internal consistency, to update the list of outside regulatory agencies, to bring level
of service standards into conformance with the Village's Comprehensive Development Plan, to
provide for development review committee procedures and an optional pre - application
conceptual review process, and to update certain application requirements, including
requirements for the imposition of conditions of approval; providing that Article IX Division 2
shall hereafter read as follows:
DIVISION 2. SITE PLAN REVIEW
Sec. 78 -331. Required; development standards; required facilities and infrastructure.
Sec. 78 -332. Pre - application meeting; optional pre - application review process.
Sec. 78 -333. Contents of application.
Sec. 78 -334. Application and review process.
Secs. 78- 335 -78 -360. Reserved.
Sec. 78 -331. Required; development standards; required facilities and infrastructure.
By the terms of this chapter, all permitted uses in all zoning districts except R -lA
and R -1, all special exception uses as approved by the village council, all planned
residential development (PRD), planned commercial development (PCD), and planned
mixed -use development (PMUD), all miscellaneous development and redevelopment, all
subdivisions, and all uses or construction lying partially or entirely in special flood
hazard areas shall comply with the following:
(a) Site plan review is required.
(b) Conceptual review of the overall development, if phased, is required.
(c) The development shall conform to all minimum requirements of this chapter and
any other applicable laws and regulations.
2
(d) The development shall be compatible with the intent of the zoning district
wherein it is proposed to be located and compatible with adjacent land uses.
(e) No building permit shall be issued for the purpose of erecting any structure or
building, or for structural alterations in any existing structure or building, until
after the planning and zoning advisory board has reviewed and made
recommendations to the village council, and the village council shall have finally
approved the site plan in accordance with this section. However, for the items
specified in section. 22- 53(b), the planning and zoning advisory board has final
approval authority, and those items do not require further approval by the village
council.
(f) 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:
(1) Installation of all required public facilities /infrastructure /services prior to
or concurrent with the development impacts.
(2) Phasing of all required public facilities /infrastructure /services:
a. By local government (capital improvements element).
b. By the developer (development agreements).
(3) Phasing of the development.
(g) All proposed development and or redevelopment shall be coordinated with and/or
obtain approvals and/or permits from the following agencies:
(1) Palm Beach County Health Department
(2) Tequesta Fire- Rescue Department (Fire Marshal).
(3) Loxahatchee River Environmental Control District (ENCON).
(4) Department of Environmental Resources Management (DERM).
(5) South Florida Water Management District (SFWMD).
(6) Florida Department of Transportation (FDOT).
(7) Reserved
(8) Metropolitan Planning Organization of Palm Beach County (MPO).
(9) Palm Beach County Traffic Engineering Division.
(10) Martin County Metropolitan Planning Organization.
(11) Martin County Traffic Engineering Department.
(12) Florida Power & Light Company.
(13) Telephone service provider, as applicable.
(14) Solid waste purveyor.
(15) Tequesta Water Department.
(16) Other municipal, county, state and/or federal agencies as may be
applicable.
Evidence of final acceptance of the development or redevelopment project
by agencies listed in this subsection must be submitted to the village prior
to review by the village council pursuant to section 78- 334(d).
(h) All new development and/or redevelopment must provide the necessary
infrastructure to meet the following level of service standards. Each application
submitted pursuant to this section shall be required to provide a certification from
3
a licensed engineer in the state that the proposed development and/or
redevelopment meets or exceeds the level of service standards for the listed
infrastructure as follows:
1) Tra c roads and ri hts -o -w
Roadway Type (LOS) (LOS) Peak
Standard
Collector* C D, *Except Country Club Drive and Seabrook Road which
are C
Urban minor C D
arterials
Principal arterials C D
(2) Sanitary sewer. A central wastewater level of service standard of 108
gallons per capita per day is hereby adopted, and shall be used as the basis
of estimating the availability of capacity and demand generated by a
proposed development project.
(3) Drainage. A public drainage facilities level of service standard of a 25
year frequency, 24 -hour duration storm event is hereby adopted, and shall
be used as the basis of estimating the availability of capacity and demand
generated by a proposed development project. As a general drainage
requirement, each proposed project and/or site must maintain 95 percent
of all stormwater runoff on -site.
(4) Potable water. The following potable water level of service standards are
hereby adopted and shall be used as the basis for estimating the
availability of facility capacity and demand generated by a proposed
development project:
a. Averse day water consum on rate:
Residential 175 gallons /capita/day
b. maximum day water consumption (including irrigation):
Residential 180 gallons/capita/day
Nonresidential* 3,030 gallons /acre /day
5) Recreation level of service standards table.
Area/activity (unit/population Classification standard
Neighborhood parks 2 acres /1,000
Community parks 2 acres /1,000
Beaches 1 mile /31,250
Golf courses 9 holes/30,000
4
Tennis 1 court/2,500
Basketball 1 court/2,500
Baseball/softball 1 field/7,200
Football/soccer 1 field/4,800
Playground areas 1 acre /3,600
Beach access easements 1 per 1/2 mile of developed or redeveloped beach frontage
(6) Fire flow requirements. All development and/or major redevelopment
must provide the necessary infrastructure improvements for fire
suppression, including adequate fire hydrant placement, to meet the
development's fire flow requirements in accordance with NFPA #1,
Uniform Fire Code, Florida edition.
(7) Pedestrian walkways. All development and/or major redevelopment must
provide a minimum fit six foot wide continuous path of travel for
pedestrians (sidewalks). Sidewalks shall be parallel to all roadway
surfaces and be at least four feet from the edge of the roadway pavement.
All sidewalk improvements shall be installed and maintained by the
adjacent property owner. Location, set back, width and material shall be
approved by the village.
(i) Reserved
(j) The development shall project for the reservation and preservation of existing and
future rights -of -way as may be determined by the village and in conformance with
the county and village right -of -way protection plan.
(k) Site plans shall be required which incorporate innovative urban, architectural,
and/or engineering design of impervious areas (e.g., parking lots) to m aximiz e the
retention of rainfall to these areas which will increase the recharge of groundwater
while reducing stormwater runoff.
(1) All new developments shall be required to limit post - development surface waxer
runoff rates and volumes to predevelopment conditions.
(m)All proposed new development and major redevelopment within the coastal
building zone of the village must provide for the dedication of public access
easements meeting the adopted level of service standards.
(n) All proposed new development and major redevelopment, as part of the site plan
review and subdivision review process, shall submit a drainage /environmental
statement describing how the proposed development will affect the estuarine
water quality of the class III waters of the village, and also an environmental
impact assessment study prepared by a qualified ecologist or other professional
qualified to do such an assessment. The study shall meet the requirements of
chapter 50, article II, pertaining to environmentally sensitive lands.
(o) New development and redevelopment shall not be permitted within the coastal
high - hazard area of the village as defined in section 78 -832 except in accordance
with the mandates of ghapter 78 article XII.
5
(p) Notification of neighboring jurisdictions of any external impacts that a proposed
project might have within those jurisdictions and assessment and mitigation of
those impacts shall be required.
(q) Determination of needed public facility improvements shall be made during the
site plan and/or subdivision review process and prior to the issuance of a
development order and building permit.
(r) Stormwater management facilities including curbs, gutters, piping, culverts,
ditches, etc., shall be provided based on engineering calculations and design
standards to ensure that all drainage improvements are in conformance with
chapter 74, article IV.
See. 78 -332. Pre - application meeting; optional pre - application review process.
(a) A pre- application meeting called by the community development director
between appropriate village officials, the landowner or representative, and other
entity representatives deemed appropriate shall be required prior to application
submittal for site plan review to ensure proper coordination, intention and
understanding in the development of land and buildings and to consider
compliance with applicable village regulations. See section 78- 331(g) for a list of
possible pre - application meeting attendees. The applicant is responsible for
properly notifying the various affected agencies in the list of the time, place and
subject of the pre - application meeting.
(b) Prior to submitting a site plan review application and committing the resources
required to proceed through the site plan review application process as required
by section 78 -334, an applicant may choose to participate in the following pre -
application process in order to gauge interest in his proposed project.
(1) Conceptual presentation. Based on the outcome of the pre - application
meeting, the applicant may request to present his conceptual site plan to
the village council in order to receive further input. This conceptual
presentation is not a quasi-judicial proceeding, and no action shall be
taken by the village council beyond discussion with the applicant. Neither
the outcome of this conceptual presentation, nor any comments made
during this conceptual presentation by any village council member or
village staff is a guarantee or assurance in any way of the final action that
may be taken by the village council pursuant to a formal application for
site plan review as provided in section 78 -334.
(2) Prior to being placed on a village council agenda for a conceptual
presentation, the applicant shall submit the following:
a. Processing fee in an amount as established by resolution of the
village council and on file in the village clerk's office.
b. Seven (7) copies of sketches and diagrams sufficient to convey the
conceptual site plan to the village council. This may include site
plans, floor plans and/or surveys.
c. Seven (7) copies of a brief explanation that the proposed site plan
complies with village code, including aesthetic considerations.
Sec. 78 -333. Contents of application.
6
(a) Applications for site plan review shall be filed with the community development
director and shall include those of the following information items that are
applicable:
(1) Statements of unity of title, warranty deed, or purchase contract of the
subject property.
(2) Statement describing in detail the character and intended use of the
property.
(3) General location map, showing relation of the site for which site plan
approval is sought to major streets, schools, existing utilities, shopping
areas, important physical features in and adjoining the project, and the
like.
(4) A site plan containing the title of the project and names of the architect,
engineer, project planner and/or developer, date, and north arrow, and
based on an exact survey of the property drawn to a scale of sufficient size
to show:
a. Boundaries of the project, any existing streets, buildings,
watercourses, easements, section lines, and water and sewer lines,
well and septic tank locations, and other existing important
physical features on the site and on property adjacent to the site.
b. Exact location, use, height, and bulk of all buildings and structures.
c. Finished floor elevation and color renderings for all structures.
d. Off-street parking and off-street loading areas.
e. Recreation facilities locations.
f All screens and buffers.
g. Refuse collection and service areas.
h. Access to utilities and points of utilities hookups and location of all
fire hydrants close enough for fire protection.
i. Tabulations of total gross acreage in the project and the
percentages thereof proposed to be devoted to the various uses,
ground coverage by structures, open space and impervious surface
coverage.
j. Tabulations showing the derivation of numbers of off-street
parking and off-street loading spaces and total project density in
dwelling units per acre, if applicable.
k. Color and material examples and/or samples for all structures
including roof, walls, trim, pavers, etc.
(5) A comprehensive traffic study, which shall be provided by an engineering
firm mutually agreed upon by both the village and the applicant. The study
shall be paid for by the applicant and shall include but not be limited to the
following:
a. Future right -of -way dedications.
b. Intersection improvements.
c. Traffic control devices.
d. Traffic generation analysis.
e. Distribution and assignment of traffic access.
f. Additional roadway needs.
7
g. Traffic safety standards, including the separation of pedestrian and
vehicular traffic.
(6) If common facilities (such as recreation areas or structures, common open
space, etc.) are to be provided for the development, statements as to how
such common facilities are to be provided and permanently maintained.
Such statements may take the form of proposed deed restrictions, deeds of
trust, surety arrangements, or other legal instruments providing adequate
guarantee to the village that such common facilities will not become a
future liability for the village.
(7) Preliminary storm drainage and sanitary sewage plans or statements. If the
village determines that the drainage and/or sewage plans require
independent review, the applicant shall pay for such review by an
independent engineer.
(8) Architectural elevations and color renderings for buildings in the
development, and exact number of units, sizes and types, together with
typical floor plans of each type.
(9) Landscaping plan, including types, sizes and locations of vegetation and
decorative shrubbery, and showing provisions for irrigation systems. Plans
shall also provide delineation of existing trees and information as to which
trees will be reused or removed. Landscaping plans shall comply with
section 78 -400. In addition, landscaping plans shall include irrigation
plans in accordance with section 78 -398, and shall demonstrate
compliance with Florida Friendly Landscaping design standards as
required by section 78 -394, as applicable (See section 78 -392 for
applicability).
(10) Plans for signage including size, location and orientation.
(11) Exterior lighting of all buildings, parking areas and the overall site,
addressing glare, traffic safety, economic effect and compatibility and
harmony with adjacent properties.
(12) Plans for recreation facilities, if any, including buildings and
structures for such use.
(13) Plans for the extraction of fill and mineral resources and alterations
or modifications to the slope, elevation, drainage pattern, natural
vegetation and accessibility of the development.
(14) Such additional data, maps, plans or statements as may be required
by the village for the particular use or activity involved, including impacts
on affected community facilities and services created by the development.
(15) Such additional data as the applicant may believe is pertinent to the
site plan.
(16) If development is to occur in phases, those phases should be
clearly delineated on the site plan and identified in the plans and
requirements appurtenant to that site plan, and each development phase
shall be subject to site plan review by the village.
(17) The substance of covenants, grants of easements or other
restrictions proposed to be imposed upon the use of the land, buildings and
8
structures, including proposed easements or grants for public utilities, if
applicable.
(18) A statement from the applicant that the submitted site plan is
consistent with the goals, objectives, and all other provisions of the village
comprehensive development plan, and further that the projected use is
specifically authorized by development ordinances and regulations. The
statement shall include, but not be limited to, specific references to those
sections of the comprehensive plan relating to the proposed development.
(19) A statement from the applicant or landowner that all pertinent
permits are concurrently being sought from the applicable county, state,
and federal agencies. Such permits shall be secured prior to the issuance of
a building permit for any development on property included within the site
plan.
(b) Items listed in subsection (a) of this section in the application content which
require the preparation of architectural or engineering drawings shall be prepared
and certified by an engineer or architect registered in the state. Land surveys, site
plans and plans and requirements appurtenant to site plans shall be prepared and
certified by a registered surveyor, engineer, architect or landscape architect, or a
practicing land planner, as may be appropriate to the particular item.
(c) Any item submitted as part of the application content which requires modification
at any time during the site plan review process by the village may be so modified
without resubmittal of an entirely new application; provided, however, that the
modification is approved by the building official and village council and is
determined to be consistent with the terms and intent of this section and the
zoning district in which the site is located.
Sec. 7 8-334. Application and review process.
Applications for site plan review shall adhere to the following procedures and
requirements:
(a) Preapplication meeting. A preapplication submittal meeting shall be held
with the applicant and his design team and the community development
director and his development staff, pursuant to section 78 -332.
(b) Review by the development review committee Upon receipt of all required
plans, exhibits and support documents from the applicant, including but
not limited to seven (7) copies 11x17 sized, three (3) copies full sized, and
one (1) copy in a digital format as specified by the village of the
documents required by section 78 -333, the development review
committee, which is comprised of zoning, public works, police and fire
department representatives, and engineering, traffic and landscaping
consultants, as well as other department representatives or consultants as
determined by the community development director or designee, and as
listed at section 78- 331(g) shall review the submitted site plan, and plans
and requirements pertinent to the site plan, to ensure compliance with the
applicable site regulations, use regulations, parking regulations and all
other technical requirements. If the application is deemed by the
development review committee to be at variance with such regulations and
9
requirements, further action on the site plan review shall be stayed until
such variance is resolved or appropriate application is made to the board
of adjustment or the village council, as appropriate, and the necessary
variance is granted in accordance with article III of this zoning ordinance.
If the application is deemed by the development review committee to be in
compliance with such regulations and requirements, the application and all
exhibits and any additional comments of the development review
committee concerning such application shall be submitted by the
community development director or designee to the planning and zoning
advisory board. The community development director or designee shall
submit such application for planning and zoning advisory board review
within 45 days of receipt of a completed application. Within 45 days of
review by the planning and zoning advisory board, the community
development director or designee shall then submit such application,
including the recommendations of the planning and zoning advisory
board, for village council review. However, for the items specified in
section. 22- 53(b), the planning and zoning advisory board has final
approval authority, and those items do not require further approval by the
village council.
(c) Review by planning and zoning advisory board Upon receipt of all
required plans, exhibits and support documents from the community
development director, including but not limited to nine (9) copies 11x17
sized, three (3) copies full sized, and one (1) copy in a digital format as
specified by the village of the documents required by section 78 -333 and
any other exhibits deemed appropriate by the development review
committee the planning and zoning advisory board shall hold a public
hearing to review, consider and make recommendations to the village
council, or take final action pursuant to section 22- 53(b), regarding the
application. Notice of public hearing shall be advertised a minim of ten
days in advance of the public hearing in a newspaper of general circulation
in the area The owner of the property for which site plan review is sought
or his agent or attorney designated by him on the submitted application
shall be notified by mail of the date and time of the hearing.
(d) Review by village council. Upon receipt of all required plans, exhibits and
support documents from the community development director, including
but not limited to seven (7) copies 1 1x17 sized, three (3) copies full sized,
and one (1) copy in a digital format as specified by the village of the
documents required by section 78 -333 and any other exhibits deemed
appropriate by the development review committee the village council shall
hold a public hearing to review, consider and act upon the application.
Notice of public hearing shall be advertised a minimum of ten days in
advance of the public hearing in a newspaper of general circulation in the
area The owner of the property for which site plan review is sought or his
agent or attorney designated by him on the submitted application shall be
notified by mail of the date and time of the hearing.
10
(e) Action by village council. After review, the village council shall grant
approval, with conditions, or deny the application and direct the building
official to approve or withhold approval of the building permit.
(f) Approval granted with conditions. When certain conditions are attached to
the site plan review, the conditions shall be stated in writing on the order
granting site plan review and shall become a part of the approved site plan.
Conditions of approval shall be related to the proposed development and
shall be roughly proportional to the anticipated impacts of the proposed
development.
(g) Developer's agreement. The village council may require an applicant to
enter into a developer's agreement with the village if the village council
deems such agreement appropriate. If a developer's agreement is required
of an applicant, it shall be set forth in a recordable form, acceptable to the
village attorney.
(h) Time limit for application for building permit. A building permit must be
issued within one year of the date of the site plan approval or the approval
shall be nullified. In the case of a site plan which provides for
development phases over a period of years, the village council shall set
forth time within which application for building permit on each phase
shall be filed. If applications for building permits are not issued within
these times, the approval shall terminate and be deemed null and void
unless such time period is extended for one more year only by the village
council upon written request of the applicant, submitted to the village,
prior to expiration of the site plan.
(i) Application fee.
(1) Administrative costs. To cover all administrative costs incurred by
the village in the site plan review process, the applicant shall, upon
submittal of the application for site plan review, pay a fee in an
amount as established by resolution of the village council and on
file in the village clerk's office.
(2) Additional costs. To cover any additional costs including, but not
limited to advertising costs, engineering fees, consulting fees,
attorneys' fees and special studies, which are not captured by the
application fee, the applicant shall reimburse the village for all
such costs not later than 30 days after being invoiced by the
village. Failure to make such payment may be grounds for not
issuing a building or zoning permit, or certificate of occupancy or
completion final.
Sees. 78- 335 --78 -360. Reserved.
Section 2 : Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article IX Supplemental Regulations, Division 3 Special Exception Uses,
section 78 -365, to provide that conditions of approval must be relaxed to the proposed
development and shall be roughly proportional to the anticipated impacts of the proposed
11
development, and at section 78 -369, to update optional special exception use pre - application
review process submittal requirements; providing that sections 78 -365 and 78 -369 shall hereafter
read as follows:
DIVISION 3. SPECIAL EXCEPTION USES
Sec. 78 -365. Imposition of additional conditions and safeguards.
(a) In addition to the criteria listed in section 78 -363, the required approval findings
listed in section 78 -364 and specific conditions for the particular special exception
use listed within the applicable zoning district regulations, the village council may
impose other such conditions and safeguards as it deems appropriate in conformity
with this chapter for the protection of the surrounding properties and the
neighborhood or general welfare of the public. Conditions of approval shall be
related to the proposed development and shall be roughly proportional to the
anticipated impacts of the proposed development.
(b) If the special exception use is granted by the village council, the use must conform to
all the applicable regulations governing the district where it is located, except as may
otherwise be determined for planned developments. Failure to comply with all the
applicable regulations governing the district as required by the site plan approval
process will void the granted special exception use.
Sec. 78-369. Optional pre - application review process.
Prior to submitting a special exception application and committing the resources
required to proceed through the special exception application process as required by
section 78 -370, an applicant may choose to participate in the following pre - application
process in order to gauge interest in his proposed project.
(3) Pre - application meeting. A pre - application submittal meeting shall be held
with the applicant and his design team and the development review committee.
The applicant's proposed use shall be reviewed and discussed in order to
identify any issues with the proposed use, the applicable use regulations and/or
other applicable requirements.
(4) Conceptual presentation. Based on the outcome of the pre - application meeting,
the applicant may request to present his special exception use concept to the
village council in order to receive further input. This conceptual presentation is
not a quasi-judicial proceeding, and no action shall be taken by the village
council beyond discussion with the applicant. Neither the outcome of this
conceptual presentation, nor any comments made during this conceptual
presentation by any village council member or village staff is a guarantee or
assurance in any way of the final action that may be taken by the village
council pursuant to a formal application for special exception use as provided
in section 78 -370.
(5) Prior to being placed on a village council agenda for a conceptual presentation,
the applicant shall submit the following:
d. Processing fee in an amount as established by resolution of the
village council and on file in the village clerk's office.
12
e. Seven (7) copies of sketches and diagrams sufficient to convey
the conceptual use to the village council. This may include site
plans, floor plans and/or surveys.
f. Seven (7) copies of a brief explanation that the proposed
special exception use is compatible with the surrounding uses
and the neighborhood in general.
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 this Ordinance.
Section 7 : This Ordinance shall become effective immediately upon passage.
13
Upon Second Reading this 13 day of February 2014, the foregoing Ordinance was offered by
Council Member Okun who moved its adoption. The motion was seconded by Council Member
D'Ambra 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 X
The Mayor thereupon declared the Ordinance duly passed and adopted this 13 day of February
2014.
MAYOR OF TEQU TA
L ?il re
ATTEST:
Lori McWilliams, MMC ,.�� "T EQU''''•,,
Village Clerk
oe° TF .9
/UNE
EuN
14