HomeMy WebLinkAboutDocumentation_Workshop_Tab 02_04/27/2015 VILLAGE OF TEQUESTA
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MEMORANDUM Village Clerk's Office
TO: Michael Couzzo, Village Manager
FROM: Lori McWilliams, Village Clerk
DATE: April 25, 2015
SUBJECT: Proposed Dissolution of the Board of Adjustment
The Community Development Director, Nilsa Zacarias, and I have had numerous
conversations over the past year regarding the Board of Adjustment (BOA). Currently,
the BOA is charged with hearing requests for variances on property containing single
family residences in zoning districts R-1 and R-1A, as well as certain administrative
appeals.
The Zoning Board meets infrequently (it has not had a meeting since 6/10/2013). As
such, we propose the BOA be dissolved and the duties transferred to the Planning and
Zoning Advisory Board, which meets on a regular basis.
ORDINANCE NO. -15
AN ORDINANCE OF T'HE VII..LAGE COUNCIL OF THE VII.,LAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 22. COMMUNITY
DEVELOPMENT. ARTICLE II, DIVISIONS 2 AND 3, BY PLACING
FINAL AUTHORITY TO HEAR REQUESTS FOR CERTAIN ZONING
VARIANCES AND CERTAIN ADMINISTRATIVE APPEALS WITH THE
PLANNING AND ZONING ADVISORY BOARD, AND CLARIFYING
OTHER DUTIES OF THE BOARD; AND RENAMING THE BOARD TO
BE REFERRED TO AS THE "PLANNING AND ZONING BOARD";
PROVIDING THAT EACH AND EVERY OTHER PROVISION OF
CHAPTER 22. COMMUNITY DEVELOPMENT. 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'.s zoning board of adjustment is cusrently charged with hearing
requests for variances on property conta.ining single family residences in zoning districts R-1 and
R-lA, as well as hearing certain administrative appeals; and
WHEREAS, the zoning boazd of adjustment meets very infrequently; and
WHEREAS, the Village Council has received a recommenda.tion from the Village
Manager and Community Development Director to dissolve the zoni.ng boazd of adjustment and
consolida.te and transfer the responsibilities of the zoni.ng board of adjustment into those of the
planning and zoning advisory board, which meets on a regulaz basis, and to rename this board as
the "Planning and Zoning Board"; and
WFIEREAS, the Village Council agrees with said recommendations and believes that
mergi.ng the zoning board of adjustment into the planning and zoni.ng board will be in tUe best
interest of the Village as well as its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE VII.LAGE COUNCIL OF THE
VII.,LAGE OF TEQUESTA, FLORIDA, AS FOLLOWS:
Section 1. Chapter 22, Article II, Division 2 and Division 3. of the Code of
Ordinances of the V'illage of Tequesta are hereby amended by placing final authority to hear
requests for certain zoning varia.nces and certain administrative appeals with the planning and
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zoni.ng advisory boazd, and by renaming this board as the "Planning and Zoning Board" and
clarifying other duties of the boazd; providi.ng tha.t these divisions shall hereafter read as follows:
DIVISION 2. - PLANNING AND ZONING BOARD
Sec. 22-51. - Creation, member qualifications, terms, appointmen�
A planning and zoning � board is hereby esta.blished.
(a) Composition of the board. The board sha11 be composed of five regular members
and two alternate members (a11 of whom shall serve without compensation),
appointed by the village council. At the time of appointment and at a11 times during
which they serve, all members (i) shall reside in the village and be qualified electors
of the village (ii) sha11 not serve on the village council or on any other village board
or committee, and (iii) shall not be employed by the village or any of its contra.ctors.
In the event that there is a lack of qualified eligible applicant(s) needed to satisfy the
requirements as stated, the village council, working through the village ma�lager,
shall have the authority to recruit and appoint qualified members into the vacant
seats from any area of the Village of Tequesta..
(b) Alternate board fnembeYS. In addition to the five regular boazd members, two
additional members, to be designated at the time of their appointments as alternate
#1 and alternate #2, shall be appointed by the village council to serve on the board,
in that order, at meetings of the board when necessary to ensure that each
application receives consideration by a full board.
(c) TeYms of office. Regular members of the board shall be appointed for a term of three
years. Alternate members of the board shall be appointed for a term of two years.
(d) Voting. A majority of the board (i.e., a minimum of three members) shall constitute
a quorum, and the affirmative vote of a majority of the board present shall be
necessary for any action thereof. In the event that only three members are present, a
unanimous vote of all present in favor of an application is required to make a
recommendation of approval. If no motion receives the necessary majority vote, that
shall constitute a recommendation of denial.
(e) Te�mination/resignation. All board members shall serve at the pleasure of the
village council and derive no properiy rights from their appointed position. The
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village council may, by a majority vote, remove any board member at any time for
any reason or no reason. All board members shall abide by state laws and county
and village ordinances regarding ethical behavior. Vacancies in the board
membership by resignation, illness or other causes sha11 be filled by the village
council for the unexpired term of the vacated seat. Three absences in a row or three
unexcused absences within the fiscal year of the village, shall constitute cause for
automatic dismissal from the board.
Sec. 22-52. - Organization of tLe board.
The board shall select its own chair and vice-chair annually at the first meeting of the board
held after the May meeting of the village council at which time members are appointed. The
director of the departrnent of community development or his designated representa.tive shall
serve as clerk to the board.
Sec. 22-53. - Powers and duties.
The planning and zoning a�se� board shall have general authority (provided that, in
order to provide for proper budgetary allocations, any request requiring extensive staff or
attorney time must first be approved by the village manager) to:
(a) Review and make recommendations to the village council regazding applications
for:
(1) Site plan review or site plan modification including aesthetic review in
accordance with regulations of this article as well as the requirements of article
IX, division 2 of the village zoning code, except as provided in section (b)
below.
(2) Signage requested in conjunction with site plan review or site plan modification
in accordance with article XI of the village zoning code.
(3) Any other reviews, related to planning, zoning and development specifically
requested of the planning and zoning �ser� board by the village council.
(b) Review and make a final determination regarding applications for:
(1) Site plan modifications that do not exceed $10,000.00 in estimated cost and that
do not involve a change to the footprint, height, number of stories or square
footage of any building.
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(2) Aesthetic modifications to exterior building color or fuush when not
accompanied by any other site plan modification.
(3) New free standing signs not part of a site plan review application.
(4) Certain entrv features on nronertv located in the R-lA and R-1 zonin� districts
as snecified at Sec. 78-284.
(c) uant to Chanter 78 Zonin�. Article III Anneals and Variances. hear and decide
a s where it is alle�ed there is error in anv order reauirement decision or
etermination made bv an administrative official in the enforcement of Cha.nter 78.
Zonin�: or of anv ordinance adonted nursuant thereto. related to sin�le-familv
nronerties and structures located within the R lA and R-1 sin�le-familv dwel i e
districts of the villa.�e.
(d) suant to Chanter 78 Zoni.n� .Article III Anneals and Variances authorize uno
�Jication in suecific cases such variance from the terms of Chanter 78. Zonin�. as
' not b� contrarv to the Aublic interest. where, owi.n� to snecial conditions. a li
enforcement of the nrovisions of tha.t ch�nter wi1 result in unnecessarv h�rdshin
elated to sin�le-fa.milv nronerties and structures located within the R-lA and R-1
ingle-familv dwellin� districts of the villa,ge.
(e) Pursuant to F.S. ch. 163, and chapter 62 of the Village of Tequesta. Code of
Ordinances, sit as the village's local planning agency.
(� The planning and zoning � board may adopt such rules and procedures as are
necessary to perform its duties.
Sec. 22-54. - Powers and duties as official tree board of the village.
In addition to the functions provided pursuant to the other provisions of this chapter, the
planning and zoning � board sha11 constitute the official Tree Board of the Village of
Tequesta, and as such shall:
(a) Make recommendations to the village council thax certa.in trees located within the
village be designated as specimen, historic, native or endangered trees. In making
such a determination, the tree board shall consider, but not be limited to, the
following criteria:
(1) The significance of the tree as a village landmark.
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(2) The significance of the tree due to high value because of its size, age andlor
historic value.
(3) The significance of the tree to the history of the village, State of Florida or the
Nation.
(b) Perform any other duties assigned by the village council.
Sec. 22-55. - Procedure.
(a) Advisory authopity. Recommendations of the planning and zoning � board shall be
recorded in written form for transmittal to the village council. Prior to adoption of a
recommendation with respect to any matter brought before it for consideration, the
planning and zoning a�ser� board shall consider the following:
(1) The information submitted by the applicant, including all exhibits, studies or
other information presented or used for review of the application.
(2) A written staff report of the department of community development or any
other appropriate governmental agency regarding the ability of the application to meet the
standards and regulations affecting the application; the ability of the proposed
development to meet level of service standards adopted in the Village of Tequesta
Comprehensive Development Plan; the application's impact on the general public's
health, safety and welfare; as well as, any other items that are considered appropriate by
the department of community development.
(3) Coxnments, if any, from the applicant, staff or the public.
(b) Final authority Yegarding certcain site nlan matters. The planning and zoning �
board sha11 have final authority as provided in section 22-53(b). An order approving,
approving with conditions, or denying such applications sha11 be rendered by the chair as soon
as practical. Prior to taking any final action, the planni.ng and zoning a�se�} board sha11
consider the following:
(1 } The information submitted by the applicant, including all exhibits, studies or
other information presented or used for review of the application.
(2) A written staff report of the department of community development or any
other appropriate governmental agency regarding the ability of the application to meet the
standards and regulations affecti.ng the applica.tion; the ability of the proposed
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development to meet level of service standards adopted in the Village of Tequesta
Comprehensive Development Plan; the application's impact on the general public's
health, safety and welfare; as well as, any other items that are considered appropriate by
the depa.rl�rnent of community developa�ent.
(3) Comments, if any, from the applicant, staff or the public.
(4) Conditions of approval sha.11 be related to the proposed development and sha11
be roughly proportional to the anticipated impacts of the proposed development.
(c) Final autho�itv �egaYdin� anneals and vaYiances. The ulannin� and zonin� board shall
have final authoritv as nrovided in Cha�ter 78 Article III. An order annrovin�. anuroving with
conditions. or denvin� such a�neals or variance annlications shall be rendered bv the chair as
soon as nractical. Prior to takin� anv final action on a variance reauest� the blannin� and
zonin� board shall consider the criteria set forth in Chanter 78 Article III.
(d s) Notice. Notice of public hearing sha.11 be advertised a minimum of ten days in advance
of a11 planning and zoning � board public hearings in a newspaper of general
circulation in the area.
L�) Tin�te limit foY application for building peYnait. A building permit must be issued within
one year of the da.te of the planning and zoning � board approval far all site nlan
related annrovals or the approval shall be nullified, unless such tiYne period is extended for one
more year only by the planning and zoning e.�se� board upon written request of the
applicant, submitted to the village, prior to expiraxion of the approval. Anv variance eranted
b the nlannin� and zonins board shall exnire within six months from the date o� grant� unless
buildin� nermit based. unon and incorooratin� the variance is issued within the six-mon
neriod and construction has besun thereunder. or unless an extension is granted nursuant to
Sec. 78-68.
Sec. 22-56. - Meetings; records.
Meetings of the planning and zoni.ng � board shall be held at such times as set by the
board with the final approval of the village council. All meetings of the board and its files or
records shall be open to the public pursuant to F.S. ch. 119.
The planning and zoaing � board shall also keep minutes of its proceedings, showing
the vote of each member upon each question, or, if absent, indicating such fact, and shall keep
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records of its examinations and other official actions, all of which shall be promptly filed in the
office of the village clerk and sha11 be a public record pursuant to F.S. ch. 119.
Sec. 22-57. - Filing fee, additional administrative fees.
Upon filing an application to the planning and zoning �e� board, the applicant shall
pay a fee to the village at the time of filing of such application. Said fee shall be in an amount as
established and amended by resolution of the village council, sha11 not be reimbursable, and is
intended to defray the costs of administeri.ng, processing and reviewi.ng the application.
Additionally, to cover any additional costs including, but not lim.ited to advertising costs,
engineering fees, consulting fees, attorneys' fees and special siudies, which are not captured by
the application fee, the applicant shall reimburse the village for a11 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 zorung permit, or certificate of occupancy or completion.
Secs. 22-5�22-80. - Reserved.
DIVISION 3. - SUPPLEMENTAL CRITERIA AND PROCEDURAL RULES
Sec. 22-81. - Defmitions.
The following words, terms and phrases, when used in this. division, sha11 have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Appropriate to surroundings refers to the appearance of a building relative to its
surroundings, including into an orderly relationship with landscape and naiure, other buildings
and open areas. Building scale and composition, related to adjacent properties, is also important.
Future surroundings must also be weighed. Advertising signs on buildings must be appropriate to
the surrou.ndings in the same way.
Honest design construction concerns proper design of all work in its details, the uses of
weather resistant materials, etc. The term applies also to advertising. Poorly designed work must
always be discouraged.
Proper design concepts refers to architechual planning and to the analysis of the whole
structure in terms of forms and coa�position, color, materials, and surface decoration. It includes
scale in relationship to adjacent buildings and landscape. It applies to interior character of the
individual project. It applies in the same manner to alterations and a.dvertising on the project
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(building). Proportion means the relation of the parts of a building to each other and to the whole
of the building. Proportion is closely tied to the scale of a building.
Space means urban or external space, and is defined by the building and the others around
it. All objects—bridges, fountains, groups of trees, walls, and in particular, the facades of
buildings—are brought into play in the creation of urban space.
Sec. 22-82. - General requirements relative to site ulan review.
The planning and zoning � board shall review, and recommend final action to the
village council or take final action itself, pursuant to section 22-53 ,
. In makin such review. the nlannin� and zonin� board sha11 annlv the followin�
�eneral reauirements:
The general requirements are minimum aesthetic standards for a11 site development,
buildings, structures, or alterations within the village except in districts R-lA and R-1. It is
required that site development, buildings or alterations, with the sole exception of districts R-lA
and R-1, show proper design concept, express honest design construction and be appropriate to
the surroundings.
(1) HarmoYty with other buildings. Buildings or structures which are a part of a present
or future group or complex sha11 have a unity of character and design, and a
relationship of forms, and the use, texture and color of materials shall be such as to
create an harmonious whole. When the area involved forms an integral part of, is
immediately adjacent to or otherwise clearly affects the fuhue of any established
section of the village, the design and location on the site shall enhance rather than
detract from the cha.i�acter, value, and attractiveness of the surroundings.
(2) Ha�mony with surroundings. Buildings or structures located along strips of land or
on single sites and not a part of a unified multibuilding complex shall strive to
achieve visual harmony with the surroundings. If they are built in undeveloped
areas, the three primary requirements shall be met: express honest design
construction, show proper design concepts, and be appropriate to the village.
(3) Facades. All facades visible to public or adjacent property shall be designed to
create a harmonious whole. Materials shall express their function clearly and not
appear as a material foreign to the rest of the building.
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(4) Methods of harmonious design. It is not to be inferred that buildings must look alike
or be of the same style to be harmonious. Harmony can be achieved through the
proper consideration of proportions, site planning, landscaping, materials and color.
(5) Advertisements on buildings. Buildings which are of symbolic design for reasons of
advertising and are not compatible to the atmosphere of the village sha11 not be
approved. Symbols attached to the buildings will not be allowed unless they are
secondary in appearance to the building and landscape and are an aesthetic asset to
the project and neighborhood.
(6) EzteYior lighting. E�erior lighting may be used to illuminate a building and its
grounds for safety purposes, but in an aesthetic manner. Lighting is not to be used as
a form of ad.vertising in a manner that is not compatible to the neighborhood or in a
manner such that it draws considerably more attention to the building grounds at
night than in the day. Lighting following the form of the building or part of the
building will not be allowed. All fixtures used in e�erior lighting are to be selected
not only for functional value, but for aesthetic value.
(7) Inappropriate building styles. Buildings of a style or style type foreign to South
Florida. andlor its climate will not be allowed. It is also to be understood that
buildings, even though they have a historical significance to South Florida, that do
not conform to the existing or to the evolving atmosphere of the village will not be
approved.
(8) Garish design. Building surfaces, walls and roofs that are considered garish by the
board will be denied approval.
(9) Takeout and pickup windows. Takeout or pickup windows of retail or wholesale
esta.blishments shall not be located on a building facade that faces a public right-of-
way, unless they are designed in such a manner as to be an aesthetic asset to the
building and neighborhood.
(10) Exterior fornZS. All exterior forms, atta.ched or not attached to buildings, shall
be in conformity to and secondary to the building. They sha11 be an asset both to the
aesthetics of the site and to the neighborhood.
(11) Telephones, vending machines, and facilities dispensing meYChandise or
seYVices. All telephones on private property, vending ma.chines, or any facility
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dispensing merchandise or a service sha11 be confined to a space built into the
building or enclosed in a separate structure compatible with the main building.
(12) Advertisements on amenities. No advertising will be allowed on any exposed
amenity or facility such as benches and trash containers.
(13) Use of symbolic colors; exteYior sto�age and display of nZeYChandise. The
following are added criteria that pertain to but are not limited to gasoline stations.
Symbolic colors of the exterior facades or roofs may not be used unless they are
harmonious with the atmosphere of the neighborhood. For example, royal blue,
which symbolizes a brand of gasoline and other esta.blishments, would not be
acceptable in most cases. Exterior display of goods for sale or those designating a
service will not be allowed, except that a gasoline station's dispiay of goods and
tools of a service may be displayed on the pump island, provided that the island is
not considered by the board to be enlazged to take advantage of this provision, and
provided that the goods and tools be such that they can be used or installed at the
island. For example, an oil rack is acceptable, but a tire display is not. Areas used to
store materials such as mufflers, tires, packing cra.tes or cases, refuse and garbage
sha11 be screened from adjacent property and from the public view.
Sec. 22-83. - Ezternal space.
External space of the site should be designed relative to its neighborhood, adjacent
properties, buildings, access (roads and pedestrian routes) and its activity. Building facades
enclosing a space must be harmonious. Where, because of their use or age, like facades are not
possible, considera.tion should be ta,ken to unify the walls of the space by the application of
landscaping, or manmade objects of like design, at modular spacing. The floor of an external
space is of primary importance; its materials, texture and color, contour and shadow on it are to
be considered, not only in relation to the external space, but to its setting. Natural vista.s must be
surveyed and planning steps are to be taken to preserve them to the greatest extent. Careful
considera.tion as to future development sha11 he given to vistas which open into undeveloped
areas.
Sec. 22-84. - Landscaping.
Page 10 of 13
Landscape plans will be evaluated regarding their relationship to the existing natural
landscape, the e�sting and proposed developed landscape, including those on adjacent properties
and street rights-of-way, and the existing and proposed buildings.
(1) PYeservation of existing natural landscape. The existing na.tural landscape character
should be preserved whenever possible. For example, an area containing a stand of
trees should be preserved by the developer to the greatest extent possible and should
be further landscaped in a complementary manner, rather than destroy the exisring
trees and replant with a type of vegetation completely foreign to the immediate
natural environment.
(2) Paving, benches and similar fixtures. Landscaping includes not only trees and
plantings, but paving, benches, fountains, exterior lighting fixtures, fences, and any
other item of exterior furniture. All items of the landscape are to be selected not only
for their functional value but for their aesthetic value, and must complement the
whole. Placement of any such items within the village's right-of-way is prohibited.
(3) Screening. One of the basic uses of la.ndscaping will be to screen a particular
objectionable area, an accessory use or an otherwise accepta.ble structure or space.
The achievement of this is left to the designer, whether by walls, fences, mounds of
earth, or vegeta.tion. Screening shall be employed to mask from the public view or
adjacent properties such service areas as tra.sh and garbage areas, outside equipment
of an unaesthetic character, and accessory buildings or areas not enhancing or in
keeping with the aesthetics of the project or neighborhood.
(4) View from other areas. Landscaping sha11 be designed in such a manner as to impart
its aesthetic character when viewed from any area accessible to the public or from
adjacent properties. This is to include views from high-rise buildings and bridges.
(5) Installation; size of plants. All landscaping and plantings designated on the plans
approved by the board sha11 become effective and/or attain the size or height
indicated within one year from the date of the certificate of occupancy of the project.
(6) Flo�ida friendly landscaping. All landscaping shall comply with the "Florida.
Friendly" requirements set forth in chapter 78, article ix, division 4.
Sec. 22-85. - Parking lots.
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(a) General standards. Parking lots are to be designed as an aesthetic asset to a
neighborhood and to the building, group of buildings, or facility the parking lot serves. A
parking lot is to be considered an external space, a transitional space which is
experienced between the access (such as roads) and the building, group of buildings or
other outside spaces which it serves. The responsibility toward beautification and design
of the parking lot is the same as that which the homeowner has to his residential lot. T'he
parking lot, because it is viewed from above as well as at eye level, should be designed
accordingly.
(b) Screening. Parking lots and their parked automobiles are to be effectively screened from
the public view and from adjacent property in a manner that is attractive and compatible
with safety, the neighborhood, and facilities served.
(c) Landscaping. Parking lot landscaping shall comply with the requirements of chapter 78,
article IX, division 4. Trees are of primary importance in the landscape. They are not to
be minimized in height or in quantity. The tree imparts, especially in a relatively flat azea,
a sense of three-dimensional space, it casts shadows that reduce the monotony of the
expanse of paving, and it creates a refuge from the tropical sun. Signs designating
entrances, e�cits, regulations, etc., in excess of two square feet are to be of a tasteful
design. T'he pavement is to be more than wa1l-to-wa11 asphalt. It is recommended that
pavement be varied in texture or color designating lanes for automobile tr�c, pedestrian
walks and parking spaces. Bright colored pavement is to be used only with restraint. In
order to create a pleasant atmosphere it is recommended that consideration also be given
to sculpture, fountains, gardens, pools and benches. Design emphasis is to be given to the
entrances and e�ts to and from the lot. Trash, refuse and una.esthetic storage and
mechanical equipment must be screened from view in accordance with village
requirements.
(d) Lighting. Lighting is to be designed not only from a standpoint of safety and vandalism,
but for visual effect. Low lights of a human scale can be used along with feature lighting
emphasizing plants, trees, barriers, entrances, exits, etc. The fixtures are to be selected
not only for their functional value but for their aesthetic value.
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Section 2. Each and every other section and subsection of Chapter 22. Community
Developmen� shall remain in fu11 force and effect as previously adopted.
Section 3. All ordi.nances and parts of ordinances in conflict with these amendments
are repealed.
Section 4. Should any section or provision of this ordi.nance, 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 ordi.nance.
Section 5. Specific authority is granted to codify and incorporate this ordinance into
the existing Code of Ordinances, V'illage of Tequesta, Florida.
Section 6. This ordinance shall take effect immediately upon adoption.
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ORDINANCE NO. -15
AN ORDINANCE OF THE VII..LAGE COUNCII, OF THE VII,LAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 76. WATERWAY
CONTROL. BY AMENDING SECTION 76-7. VARIANCES. BY
REMOVING ALL REFERENCE TO THE BOARD OF ADJUSTMENT
AND SUBSTITUTING IN ITS PLACE THE PLANNING AND ZONING
BOARD; PROVIDING THAT EACH AND EVERY OTHER PROVISION
OF CHAPTER 76. WATERWAY CONTROL. 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's zoning board of adjustment is currently chazged with hearing
requests for variances on property containing single family residences in zoning districts R-1 and
R-lA, including variances to the applicable provisions of the Village's waterway control code as
contained in Chapter 76; and
WHEREAS, the zoning board of adjustment meets very infrequently; and
WHEREAS, the Village Council has received a recommendation from the Village
Mana.ger and Community Development Director to dissolve the zoning board of adjustment and
consolidate and transfer the responsibilities of the zoning board of adjustment into those of the
planning and zoning board, which meets on a regulaz basis; and
VVHEREAS, the Village Council agrees with said recommendations and believes that
merging the zoni.ng board of adjustment into the planning and zoning boazd will be in the best
interest of the Village as well as its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE VII�LAGE COUNCIL OF THE
VII..LAGE OF TEQUESTA, FLORIDA, AS FOLLOWS:
Section 1. Cha.pter 76, Article I, Section 76-7. of the Code of Ordinances of the
V'illage of Tequesta is hereby amended to substitute reference to the board of adjustment with
reference to the planning and zoning boazd; providing that this section shall hereafter rea.d as
follows:
Page 1 of 3
ARTICLE I. - IN GENERAL
Sec. 76-7. - Variances.
(a) Any person desiring a variance from the terms of this cha.pter shall ma.ke application for
such variance to the lannin� and zoning boazd e�� of the village in accordance
with the procedures set forth in this section.
(b) In order to authorize any variance from the terms of this chapter, the �lanning and zonin.g
board �ea� MUST find with respect to the proposed project as follows:
(1) The variance being requested meets the definition of the term "variance" as tha.t term is
used and understood in chapter 78, zoning.
(2) No hazardous condition would be created.
(3) The flow of water would not be impeded or interfered with.
(4) No obstruction to navigation would occur.
(5) It would not interfere with traditional public uses of the waterway including, but not
limited to, swimming, fishing, or boating.
(6) It would not crea.te an appreciable obsiruction of waterway views or otherwise detract
from aesthetic values. �
('n It would not appreciably disrupt, interfere with, or disturb marine or benthic life.
(S) It would not contribute to the pollution of the waterway or the degradation of its
condition.
(9) It would not interfere with the lawful rights of riparian owners.
(10) It would be consistent with any other applicable laws, rules or plans.
Section 2. Each and every other section and subsection of Cha.pter 76. Waterway
Control. shall remain in full force and effect as previously adopted.
Section 3. All ordinances and parts of ordinances in conflict with these amendments
are repealed.
Page 2 of 3
Section 4. 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 5. Specific authority is granted to codify and incorporate this ordi.nance into
the existing Code of Ordinances, V'illage of Tequesta, Florida..
Section 6. This ordinance shall take effect immediately upon adoption.
Page 3 of 3
ORDINANCE NO. -15
AN ORDINANCE OF THE VII.LAGE COUNCIL OF THE VII..LAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING. BY
REMOVING ALL REFERENCE TO THE BOARD OF ADJUSTMENT
AND SUBSTITUTING IN ITS PLACE THE PLANNING AND ZONING
BOARD; FURTHER CLARIFYING THAT THE BUII..DING BOARD OF
ADJUSTMENT HANDLES REQUESTS FOR VARIANCES FROM THE
VII.LAGE'S FLOODPLAIN ORDINANCE; PROVIDING THAT EACH
AND EVERY OTHER PROVISION 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's zoning boazd of adjustment is currently charged with hearing
requests for variances on property containing single family residences in zoning districts R-1 and
R-lA, as well as heari.ng certain administrative appeals; and
WHEREAS, the zoni.ng board of adjustment meets very infrequently; and
WHEREAS, the Village Council has received a recommendation from the Village
Manager and Community Development Director to dissolve the zoning board of ad.justment and
consolidate and transfer the responsibilities of the zoning board of adjustment into those of the
planning and zoni.ng board, which meets on a regulat basis; and
WHEREAS, the Village Council agrees with said recommenda.tions and believes that
merging the zoning board of adjustment into the planning and zoni.ng board will be in the best
interest of the Village as well as its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE VII..LAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, AS FOLLOWS:
Section 1. Chapter 78, Article I, Section 78-4. of the Code of Ordinances of the
V'illage of Tequesta is hereby amended by repealing the definition of "boazd of adjustment" and
amending the definition of "variance" to substitute reference to the board of adjustment with
reference to the planning and zoning board; providing that this section sha11 hereafter read as
follows:
Page 1 of 19
ARTICLE I. - IN GENERAL
Sec. 78�. - Definitions.
The following words, terms and phrases, when used in this chapter, unless otherwise specified,
shall have the meanings ascribed to them in this section, except where the context clearly
indicates a different meani.ng. All words used in the present tense include the future; all words in
the singular number include the plural and the plural the singular. The word "building" includes
the word "structure." The word "shall" is mandatory. The word "person" includes a firm,
corpora.tion or municipal corporation as well as a na.tiu�al person. The word "map" shall mean the
official zo ning map of the village. The term "council" shall mean the Council of the Village of
Tequesta and the word "village" shall mean the Village of Tequesta, a municipal corporation of
the Staxe of Florida. The word "used" shall be deemed to include the words "arranged, designed
or intended to be used," and the word "occupied" shall be deemed to include the words
"arranged, designed or intended to be occupied." Any word or term not interpreted or defined by
this section shall be used with a meaning of common or standard utiliza.tion.
��
Variance means a variaxioa from the district requirements of tUis chapter which is granted by the
lanning and Zonine Board or the Villa�e Council. as annlicable
where such variance will not be contrary to the public interest and where, owing to conditions
peculiaz to the physical characteristics of tha.t particular property and not the result of the actions
of the owner, agent, or applicant, a literal enforcement of this cha.pter would result in
unnecessary and undue hardslup.
Section 2. Cha.pter 78, Article III, Sections 78-61 through 78-69. of the Code of
Ordinances of the V'illage of Tequesta are hereby amended to substitute reference to the board of
adjustment with reference to the planning and zoning board; providing that these sections sha11
hereafter read as follows:
ARTICLE III. - APPEALS AND VARIANCES
Sec. 78-61. - Generally.
Page 2 of 19
Appeals and variances described in this a.rticle shall be considered by either the plannin� and
z n�n' board �e� or the village council. The nlannin� and zoning boazd e��ea�
sha11 consider appeals and variances relating to single-family properties and structures located
within the R-lA and R-1 single-family dwelling districts of the village. The village council shall
consider appeals and variances relating to all other properties not within the jurisdiction of the
nlannine and zoning board e�-a�ea�, including properties within the R-lA and R-1 single-
family dwelling districts which are not single-family, and structures and properties in all other
zoning districts in the village, and appeals and variances relating to subdivisions in any zoning
district.
Sec. 78-62. — Reserved , ,
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Page 3 of 19
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Sec. 78-63. - Appeal procednre.
(a) Appeals to the plannin� and zoninE board�e� or the village council, as
appropriate, may be taken by an applicant aggrieved by administrative action of the
village manager, Q the community development director ', or their
designees, relating to the powers and duties of the planning aud zonins boazd-�e€
� or the village council under tbis article �egte�, as appropriate. For purposes
of this section, the preparation or submittal of a staff report or its equivalent shall not be
considered administrative action subject to appellate review. Such appeal shall be ta.k.en
within 15 days of receipt the written decision being appealed, by filing with the village
clerk a notice of appeal specifying the grounds thereof. The person(s) from whom the
appeal is taken shall forthwith transmit to the village clerk all of the papers constituting
the record upon which the action was taken.
(b) The nlannin� and zonin�� boazd or the village council, as appropriate, shall fix a
reasonable time for the hearing of the appeal, give public notice thereof p»rsLant to
section 78-65(e), and decide the same within a reasonable time. Any party to the hearing
may appear in person, by agent or by attomey.
(c) The owner of the property for which the appeal is sought or the agent or attorney
designated by the owner on the submitted notice of appeal sha11 be notified. by mail of the
date and time of the heari.ng.
Sec. 78-64. - Stay of prnceedings pending decision on appeaL
An appeal stays all proceedings in furtherance of the action appealed from, unless the person(s)
from whom the appeal is taken certifies to the nlannin� and zonin� boazd or the
village council, as appropriate, after the notice of appeal sball have been filed with him, that, by
Page 4 of 19
reason of facts stated in the certificate, a stay would, in his opuuon, cause imminent peril to life
and property. In such case, proceedings shall not be sta.yed otherwise than by a restraining order,
which ma.y be granted by a court of record on applica.tion, on notice to the officer from whom the
appeal is ta.ken and on due cause shown.
Sec. 78-65. - Powers and dnties of nlannin� and zoning board a� and village
conncil; public notice.
(a) The nlannin� and zonin� board�a�st�ea� and the village council shall have the
following powers in regard to appeals and variances within their jurisdiction as defined
under section 78-61
(1) Hear and decide appeals where it is alleged there is error in any order, requirement,
decision or det in�tion made by an administrative official in the enforcement of this
cha.pter or of any ordinance adopted pursuant thereto.
(2) Authorize upon application in specific cases such variance from the terms of this chapter
as will not be contrary to the public interest, where, owing to special conditions, a litera]
enforcement of the provisions of tUis cha.pter will result in unne�essary hardship. The
power to grant any such variance shall be li.mited by and contingent upon a finding by the
nlanning and zoni.n� board or villa, council that:
a Special conditions and circumstances exist which are peculiar to the land, structure, or
building involved. and which are not applica.ble to other lands, str�ctures or buildings in
the same zoning district.
b. The special conditions and circumstances do not result from the actions of the applicant.
c. ('rranting the variance requested will not confer on the applicant any special privilege that
is denied by this chapter to other lands, buildings or structures in the same zoning district.
d. Literal interpretation of the provisions of this cha.pter would deprive the applicant of
rights commonly enjoyed by other properties in the same zoning district under the terms
of this chapter and would work unnecessary and undue hardship on the applicant.
e. The va.riance granted is the minimum variance tha.t will make possible the reasonable use
of the land, building or structure.
f. The grant of the variance will be in harmony with the general intent and purpose of this
chapter and such variance will not be injurious to the azea involved or otherwise
detrimental to the public welfare.
Page 5 of 19
(b) In granti.ng any variance, the nlanning and zoning boazd or village council
may prescribe appropriate conditions and safeguards in conformity with thi5 chapter and
any other ordi.nance enacted by the village council. Violation of such conditions and
safeguards, when made a part of the terms under which the variance is granted, sha11 be
deemed a violation of this cha.pter. Conditions and safeguards sha11 be related to the
proposed development and shall be roughly proportional to the anticipated impacts of the
proposed development.
(c) In reviewing matters brought before it pursuant to the provisions of this article, neither
the nlannin� aad zani.n� boazd�ea� nor the village council shall exercise
authority or jurisdiction over ma.tters which are specifically reserved to other officers,
boazds or agencies of the village. Where site plan review is necessita.ted pursuant to the
provisions of this chapter, no decision of the plannin� and zonin� board�e� or
the village council with respect to a variance, or other matter, perta.in.i.ng to the properly
in questions shall obviate the necessity for such site plan review. Where a requested
building permit has been withheld by the building official for want of compliance with
applica.ble laws and ordinances beyond the jurisdiction of the nlannine and zonin� board
a�� or the village council, no building permit shall be issued regazdless of any
decision of the nlannin� and zonin� board or village council uatil the requirements of
such laws and ordinances have been met.
(d) Under no circumstances sha11 the nlaaning and zoning boazd�ea� or the village
council grant a variance to permit a use not generally or by special exception permitted in
the zoning district involved or any use expressly or by implica.tion prohibited by the
terms of this chapter in the zoning district. No nonconforming use of neighboring lands,
structures, or buildings in the same zoning district and no permitted use of lands,
structures or buildings in other zoni.ng districts sha11 be considered grounds for the
authorization of a variance.
(e) Notice of public hearing of the nlannine and zanin� boazd � shall be
advertised a minimum of ten days in advance of the public hearing in a newspaper of
general circulation in the area.
Sec. 78-66. - Decisions; required vote; resubmission after denial.
Page 6 of 19
In exercising the powers mentioned in section 78-65, the nlannin� and zonin� board—e€
e�ts�ea� or the village council may, in conformity with the provisions of this article, reverse or
affirm, wholly or partly, or may modify the order, requirement, decision or determination
appealed from and may ma.ke such order, requirement, decision or determination as ought to be
made, and to that end shall have all the powers of the officer from whom the appeal is taken. The
concurring vote of three members of the nlannin� and zoning board�er� or the village
council shall be necessary to reverse any order, requirement, decision or determination of any
such administra.tive official, or to decide in favor of the applicant on aay matter upon which it is
required to pass under this chapter, or to effect a.ny variation in this chapter. Any request denied
by the �lannin� and zonin� board�s� or the village council sha11 not be resubmitted
for a period of 90 days after the date of denial.
Sec. 78-67. - Appeal to circnit coart.
Any person or persons aggrieved by any decision of the nlannin� and zonin� board-e��
or the village council under this article, may appeal such decision to the circuit court in
accordance with state law.
Sec. 78-68. - Time limitation oa variances.
The nlannine and zonine board-e��e� or the village council may prescribe a reasonable
time limit within which the action for which the variance is required shall be begun or completed
or both. However, if no time limit is specified by the nlannin� and zonins board�€� or
the village council, then the variance shall expire withi.n six months from the daxe of grant, unless
a building permit based upon and incorpora.ting the variance is issued within the six-month
period and construction has begun thereunder. The �lannin� and zonin� board��i=a�a�e� or
the village council, as annlicable. ma,y gra.nt one six month extension to any variance time limit
upon written request of the applicant, made prior to the expiration of the original time limit.
Sec. 78-69. - Filing fee.
(a) Upon filing an application with the nlannine and zonin� board or the
village council under this article, the applicant shall pay a fee to the village at the time of
filing of such application. The fee sha11 be in an amount as set by resolution of the village
council and on file in the village clerk's office, sball not be reimbursable, and is intended
to defra.y the costs of administeri.ng, processing and reviewing the application.
Additionally, to cover any additional costs including, but not li.mited to advertising costs,
Page 7 of 19
engineering fees, consulting fees, attorneys' fees and special studies, which aze not
captuted by the application fee, the applicant sha11 reimburse the village for all such costs
not later than 30 da.ys a.fter being invoiced by the village. Failure to ma.ke such payment
may be grounds for not issuing a building or zoning permit, or certificate of occupancy or
completion.
(b) The villa.�e manaaer or desi�nee ' may waive the filing fee when the
applicant seeks a variance to replace an existing screened swimming pool enclosure with
a new screened swimming pool enclosure having the same dimensions but a greaxer
height than the existing screened swi.mming pool enclosure.
Secs. 7&70-78-90. - Reserved.
Section 3. Cha.pter 78, Article IX, Division 1, Sections 78-299 through 78-301. of the
Code of Ordinances of the V'�llage of Tequesta aze hereby amended to substitute reference to the
board of adjustment with reference to the planning and zoning board; providing that these
sections shall hereafter read as follows:
ARTICLE IX. - SUPPLEMENTAL REGULATIONS
DIVISION 1. - GENERALLY
Sec. 78-299. - Location and screening of emergency generators, air conditioners, pool
equipment and similar mechanical equipment
(a) Intent. The purpose and intent of this section is to provide regulations for the location and
screening of emergency generators, air conditioning equipment, pool equipment and
similar mechanical equipment for the enhancement of community amenities of beauty
and visual interest and to protect public health, safety and welfare by promoting noise
control. This section does not apply to roof top mounted equipment.
(b) Applicability. The regvlations provided by this section shall apply within all residential
zoning districts within the village, includi.ng the residential portions of the mixed use
zoning district, on properties having or using emergency genera.tors, air conditioners,
pool equipment or similar mechanical equipment. Porta.ble generators aze not subject to
the provisions of this section. �
(c) Regulations.
Page8of19
(1) Emergency generators, a.ir conditioning equipment, pool equipment and similaz
mechanical equipment shall not be located in any front yard area or any closer than five
feet from any side or reaz lot li.ne.
(2) All emergency generators, air conditioning equipment, pool equipment and similaz
mechanical equipment shall be screened from public view, from public slreets, and from
abutting properties.
(3) Screening shall be opaque in nature and be constructed in conformity with material
approved by the Florida Building Code, or sha11 be composed of vegeta.tion that does not
violate the village's landscaping code at division 4 of this article.
(4) Buffering sha11 be of a material thax blends in with the architecture of the building, and/or
landscaping of the site, when possible. Screening may not exceed five feet high. The
height of the equipment may not protrude above the screeni.ng. Equipment that exceeds
five feet in height must comply with the setback requirements for accessory siructures set
forth at section 78-143
(5) The regulations in this section cover all existing and future development within the
village. In the case of new development, the location of the equipment shall be shown on
the approved site plan.
(6) All existing nonconforming equipment in the village on the date of the passage of
Ordinance No. 14-12 shall be deemed to Ue in compliance with this section.
(7) Ap�a1s of the decisions of the village staff concerning these matters may be
implemented by the appeal process to the nlannin� and zonin� board e��ea� as
described in this cha.pter.
(d) Penalty. Any person violating the provisions of this section shall be subject to code
enforcement, including the penalties provided at chapter 2, article N.
Sec. 78-30(l. - Location and screening of dumpsters.
(a) Intent. The purpose and intent of this section is to provide regulations for the location and
screening of dumpsters for the enhancement of community amenities of bea.uty and visual
interest and to protect public health, safety and welfare by promoting refuse and litter
control.
(b) Applica.bility. The regulations provided by this section shall apply withi.n all zoni.ng
districts within the village on properties ba.ving or using dumpsters for their sa.nitaxion
Page 9 of 19
service. Temporary dumpsters, such as those which are placed on job sites during
construction activity, are not subject to the provisions of this section.
(c) Regulations.
(1) All dumpsters in the village shall be located on the property serviced so as to be
reasonably accessible for trash collection by the sanita.tion vehicles, and shall not be
located within the right-of-way of a public street or a11ey.
(2) All dumpsters sha11 be screened from public view, from public streets, and from abutting
properties.
(3) Screening on three sides of the dumpster shall be erected with access to the dumpster on
the fourth side heing obtai.ned by an approved opening. The sufficiency of the access of
the dumpster shall meet the concurrence of the village and the franchised sanita.tion
company.
(4) Screening sha11 be opaque in na.ture and be constructed in conformity with material
approved by the Florida. Building Code. A permit must be obtained. from the village
building official prior to the commencement of construction.
(5) The screening of the dumpsters shall be of a material thax blends in with the arc}utecture
of the building, when possible. All screening must be a minimum of four feet high. The
height of the dumpster may not protrude above the screening.
(6) All dumpsters must be placed on a hard surface, the minimum dimensions of which shall
be adequa.te for the size of the dumpster located there. Inadequa.te or nondura.ble pads
shall be the responsibility of the property owner to repair or replace as needed.
(7) If the property owner elects to place gates on the screened. dum.pster enclosure, the doors
must be kept closed at all times except when the dumpster is being serviced. The doors
must be kept in good repair at the expense of the owner.
(8) The regulations in this section cover all existing and future development within the
village. In the case of new development, the location of these dumpsters shall be shown
on the approved site plan.
(9) All existing nonconforming dumpsters in the village sha11 be in compliance with this
section no later than 18 months from the date of the passage of Ordinance No. 361.
Page 10 of 19
(10) Appeals of the decisions of the village staff concerning these matters may be
implemented by the appeal process to the �lannin� and zoning board �ea� as
described in this chapter.
(d) Penalty. Any person violating the provisions of this section shall be subject to code
enforcement, including the penalties provided at cha.pter 2, article N.
Sec. 78-301. - Recyclable materials facilities for multifamily dwelling units.
Recyclable material collection and storage areas shall be provided on-site at a11 multifamily
developments with ten or more units, in accordance with the followi.ng requirements and/or
standatds:
(1) General standards. Collection and storage facilities shall be in accordance with any
specific requirements of the county solid waste authority, the village's franchise recycli.ng
service provider and these requirements and/or standards as set forth in this section. ,
(2) Location. Recyclable material collection and storage areas sha11 be located within the
building conta.ini.ng the multifamily dwelling units or within an accessory building sucb
as a pazking structure or within or adjacent to the disposable material dumpster area used
by the residents.
(3) Access. Access to recyclable ma.terial collection and storage azeas shall be designed so as
to not require unnecessary turning or backing movements by pickup and removal
vehicles.
(4) Setback. The mini.mum setback for recyclable material collection and storage structures
shall be as required for accessory buildings or structures as set forth in the zoning district
schedule of site regulations in section 78-143
(5) Screening. All recyclable material collection and storage areas shall be properly screened
from view by a solid opaque enclosure constructed of brick, concrete, concrete block and
stucco, or other decora.tive masonry or comparable wood, consistent with the
azchitectural chara.cter or style of the development or principal buildings. If gates aze used
they shall meet the requirements of the village franchise service provider. All exterior
sides of such enclosures, except the open end, sha11 be landscaped with minimum 24-inch
high plant material spaced a maximum of 24 inches on center at time of planting. The
Page 11 of 19
type of plant material sha11 meet the requirements of the village's landscape code as set
forth at article IX, division 4 of this cha.pter.
(6) Storage azea. The required collection and storage azeas or structures shall be sized to
properly handle the volume of recyclable materials anticipated to be generated by the
multifamily development.
(7) Alternative compliance. Applicants shall be entitled to demonstrate tha.t recyclable
ma.terial storage space needs can be effectively met through an alternative recyclable
materials collection and storage plan. An alternative plan shall be reviewed by the solid
waste authority, the village's franchise service provider and the village, and, if approved,
shall be substituted for a re,cyclable materials storage and collection plan meeting the
express collection and storage area requirements and standards of this section.
(8) Review of plans. Recyclable material collection and storage area plans shall be reviewed
by the village as part of the site plan review process as set forth at article IX, division 2 of
this cha.pter.
(9) Retrofitting of existing multifamily developments. The retrofitting of existing
multifamily buildings and developments to comply with the requirements and standards
of this section sha11 be encouraged. In order to encourage retrofitting, existing
multifamily buildings or developments may convert existing off-street parking spaces to
accommodate a recyclable material storage structure meeting the requirements of this
section and, additionally, in accordance with the following standatds:
a. Number of parking spaces to be converted. The number of existing off-street parking
spaces converted sha11 not exceed the minimum number of collection and storage azeas
necessary to properly meet the anticipated recycling needs of the multifamily
development.
b. Automatic waiver. The conversion of existing off-street parking spaces to accommodate
recyclable material collection and stora.ge areas pursuant to the requirements and
standards of this section shall be permitted by right, without resort to the Alannin� and
� board �ea�.
(10) Exemptions. Multifamily developments in existence at the da.te of the adoption of
the ordinance from which this section is derived that receive curbside recyclable
Page 12 of 19
maxerials collection service on at least a weekly basis sha11 be exempt from the standards
of this section.
Section 4. Cha.pter 78, Article IX, Division 2, Section 78-334. of the Code of
Ordinances of the V'illage of Tequesta is hereby amended to substitute reference to the boazd of
adjustment with reference to the planning and zoning board; providing tha.t this section shall
hereafter read as follows:
ARTICLE IX. - SUPPLEMENTAL REGULATIONS
DIVISION 2. - SITE PLAN REVIEW
Sec. 7&334. - Application and review process.
Applications for site plan review shall adhere to the following procedures and requirements:
(a) Preapplication meeting. A preapplica.tion submittal meeting sha11 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 applica.nt, including but not limited to seven
copies 11 x 17 sized, three copies full sized, and one copy in a digital forma.t 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, a.nd engineering, traffic and landscaping consultants, as well as other
depa.r�nent representa.tives 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, parki.ng regulations and all other technical
requirements. If the application is deemed by the development review committee to be at
variance with such regulations and requirements, further action on the site plan review
sha11 be stayed until such variance is resolved or appropriate application is ma.de to the
nlannin� and zonine board e€-�ij� or the village council, as appropriate, and the
Page 13 of 19
necessary variance is granted in accordance with article III of this zoning ordinance. If
the applica.tion is deemed by the development review committee to be in compliance with
such regulations and requirements, the application and a11 exhibits and any additional
comments of the development review committee concerni.ng such application shall be
submitted by the commuaity development director or designee to the planning and zoning
advisory board for further review in accordance with this section. The community
development director or designee sha11 submit such application for planning and zoning
advisory board review within 45 da.ys of receipt of a completed application. Within 45
da,ys of review by the planning and zoning advisory board, the community development
director or designee sha11 then submit such application, includi.ng 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 tbose 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 documeats from the community development director, including but
not limited to nine copies 11 x 17 sized, three copies full sized, and one 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
recommenda.tions to the village council, or take final action pursuant to section 22-53(b),
regazding the application. Notice of public hearing shall be advertised a minimum of ten
da.ys 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 sha11 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 sup�rt
documents from the community development director, including but not limited to seven
copies 11 x 17 sized, three copies full sized, and one 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 heari.ng
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