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VILLAGE CLERK'S OFFICE
AGENDA ITEM ROUTING SHEET .i,.
Meeting Date: Meeting Type: Regular Ordinance #: g_15
05-14-2015 Consent Agenda: No Resolution #:
Originating Department: Clerk
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ORDINANCE 09-15, FIRST READING 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 BUILDING BOARD OF ADJUSTMENT HANDLES
REQUESTS FOR VARIANCES FROM THE VILLAGE'S FLOODPLAIN ORDINANCE; PROVIDING THAT
EACH AND EVERY OTHER PROVISION OF CHAPTER 78. ZONING.
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Account #: Amount of this item:
Budgeted amount available: Amount remaining after item:
Budget transfer required: Appropriate Fund Balance:
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Department Head �� � ��,
Legal (for legal sufficiency)
Finance Director or Representative
Reviewed for Financial Sufficiency ❑ - �,,/_�.
No Financial Impact [„� � - �
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Village Manager:
Submit for Council Discussion: � � �
Approve Item: � ; � ;, ,��� � . �� j �
; �.
Deny Item: � -
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Form Amended: 10/30/14
VILLAGE OF TEQUESTA
,
MEMORANDUM Village Clerk's Office
TO: Michael Couuo, 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. 9-15
AN ORDINANCE OF THE VII..LAGE COUNCII. 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. SAALL
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 charged with hearing
requests for variances on property containing single family residences in zoni.ng 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 zoni.ng board of adjustment and
consolidate and trausfer the responsibilities of the zoning board of adjushnent into those of the
planning and zoning board, which meets on a regulaz basis; and
WI�REAS, the Village Council agrees with said recommenda.tions and believes tha.t
merging the zoning �ard of adjustment into the planning and zoning boazd will be in the best
interest of the Village a.s 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 78, Article I, Section 78-4. of the Code of Ordinances of the
Village of Tequesta is hereby amended by repealing the definition of "board of adjustment" and
a.mendi.ng the definition of "variance" to substitute reference to the boazd of adjustment with
reference to the planning and zo IIlllg board; providing that this section shall hereafter read as
fO110W5:
Page 1 of 19
ARTICLE I. - IN GENERAL
Sec. 78-4. - Definitions.
The following words, terms and phrases, when used in this chapter, unless otherwise specified,
shall have tUe meanings ascribed to them in this section, except where the context clearly
indicates a different meaning. All words used in the present tense include the future; a.11 words in
the singular aumber 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 natural person. The word "map" sha11 mean the
official zoning 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 State of Florida. The word "used" shall be deemed to include the words "arranged, designed
or intended to be used," and the word "occupied" sha11 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 utilization.
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Yariance means a variation from the district requirements of this chapter which is granted by the
lannin� and Zoni.ng Boazd 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 that particular property and not the result of the actions
of the owner, agent, or applicant, a literal enforcement of this chapter would result in
unnecessary and undue hardship.
Section 2. Chapter 78, Article III, Sections 78-61 through 78-69. of the Code of
Ordinances of the Village of Tequesta aze hereby amended to substitute reference to the boazd of
adjustment with reference to the planni.ng and zoning boazd; providing that these sections sha11
hereafter read as follows:
ARTICLE III. - APPEALS AND VARIANCES
Sec. 78-61. - Generally.
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Appeals and variances described in this article shall be considered by either the annin� and
� board e€-� or the village council. The nlannins and zonin� board
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
�la.nnin� and zonin� boazd �ea�, including properties within the R-lA and R-1 single-
family dwelling districts which are not single-family, and structures aad 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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Sec. 78-63. - Appeal procedure.
(a) Appeals to the nlannin� and zoning board or the village council, as
appropriate, may be taken by an applicant aggrieved by ad.ministrative action of the
village manager, g� the community development director ', or their
designees, relating to the powers and duties of the nlannin� and zoning board-�€
� or the village council under this article �, as appropriate. For purposes
of this section, the preparation or submittal of a stai� report or its equivalent shall not be
considered administrative action subject to appellate review. Such appeal sha11 be ta.ken
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 sha11 forthwith transmit to the village clerk all of the papers constitutiag
the record upon which the action was taken.
(b) The nlannine and zonine board or the village council, as appropriate, shall fix a
reasona.ble time for the hearing of the appeal, give public notice thereof p»rsu�t to
section 78-65(e), and decide the same within a reasona.ble time. Any party to the hearing
ma.y appear in person, by agent or by attorney.
(c) The owner of the property for wluch the appeal is sought or the agent or attorney
designated by the owner on the submitted notice of appeal shall be notified by mail of the
date and time of the hearing.
Sec. 78-64. - Stay of proceedings 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 nlannine and zonine board �e� or the
village council, as appropriate, after the notice of appeal sha11 have been filed with him, that, by
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reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life
and property. In such case, proceedings sha11 not be stayed otherwise than by a restraining order,
which may be granted by a court of record on application, on notice to the officer from whom the
appeal is taken and on due cause shown.
Sec. 78-65. - Powers and daties of nlanning and zonine board e€-edjas�ea� and village
council; public notice.
(a) The plannine and zoning board�ea� and the village council shall ha.ve 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 enor in any order, requirement,
decision or detertnination 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 he contrary to the public interest, where, owing to special conditions, a literal
enforcement of the provisions of tlus chapter will result in unnecessary hardship. The
power to gra.nt any such variance shall be li.mited by and contingent upon a finding by the
nlannin� and zonin� board or � council that:
a. Special conditions and circumstances exist which are peculiar to the land, structure, or
building involved and which are not applicable to other lands, structures or buildings in
the same zoning district.
b. The special conditions and circumstances do not result from the actions of the applicant.
c. Crranting the variance requested will not confer on the applicant any special privilege that
is denied by this chapter to other lands, buildi.ngs or structu.res in the same zoning district.
d. Literal interpreta.tion of the provisions of this chapter would deprive the applicant of
rights commonly enjoyed by other properties in the same zoning district under the terms
of this cha.pter and would work unnecessaty and u.ndue hardship on the applicant.
e. The variance granted. is the minimum variance that 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 welfaze.
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(b) In granting any variance, the Alannin� and zonin� board a� or village council
may prescribe appropriate conditions and safeguards in conformity with this chapter and
any other ordinance 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 shall 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 arkicle, neither
the nlannin� and zonin� board—e�-a� nor the village council sha11 exercise
authority or jurisdiction over matters which are specifically reserved to other officers,
boazds or agencies of the village. Where site plan review is necessitated pursuant to the
provisions of this chapter, no decision of the nlannin� and zoni.n� board or
the village council with respect to a variance, or other matter, pertaining to the properly
in questions sha11 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
applicable laws and ordinances heyond the jurisdiction of the bl�nning and zonin� boazd
�e� or the village council, no building permit shall be issued regardless of any
decision of the �lanning and zonin� boazd or village council until the requirements of
such laws and ordinances have been met.
(d) Under no circumstances shall the nlannin� and zonin� board�e� or the village
council grant a variance to permit a use not generally or by special exception permitted in
the zoni.ng district involved or any use expressly or by implication 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 zoning districts shall be considered grounds for the
authorization of a variance.
(e) Notice of public hearing of the Alannin� and zonin� board 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; reqnired vote; resubmission after deni�L
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In exercising the powers mentioned in section 78-65, the nlanning and zoning board--e�
� 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 determi.nation
appealed from and ma.y make such order, requirement, decision or determi.nation as ought to be
made, and to tha.t end shall ha.ve all the powers of the officer from whom the appeal is taken. The
concuning vote of three members of the planni.ng and zonims board��ea� or the village
council shall be necessary to reverse any order, requirement, decision or determination of any
such administrative official, or to decide in favor of the applicant on any matter upon which it is
required to pass under this chapter, or to effect any variation in this cha.pter. Any request denied
by the nlannin� aad zonin� board � or the village council shall not be resubmitted
for a period of 90 da.ys after the date of denial.
Sec. 78-67. - Appeal to circuit court.
Any person or persons aggrieved by any decision of the nlannine and zonin� board �
or the village council under this article, ma.y appeal such decision to the circuit court in
accordance with state law.
Sec. 78-68. - Time limitation on variances.
The rzl�nning and zani.n� board�ea� or the village council may prescribe a reasona.ble
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 Alannin� and zonin� boazd�t�e� or
the village council, then the variance sha11 expire within six months from the date of grant, unles�
a building permit based upon and incorporating the variance is issued within the six-month
period and construction ha�s begun thereunder. The nlannin� and zonine board-e€,a�� or
the village council. as annlicable. ma.y grant one six month extension to any variance time limit
upon written request of the applicant, ma.de prior to the expiration of the original time limit.
Sec. 78-69. - Filing fee.
(a) Upon filing an application with the nlannine and zoning board�e� 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 shall be in an amount as set by resolution of the village
council and on file in the village clerk's office, shall not be rei.mbursable, and is intended
to defra.y the costs of administeri.ng, processing and reviewing the application.
Additionally, to cover any a.dditional costs including, but not li.mited to adverrising costs,
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engineering fees, consulting fees, attorneys' fees and special studies, 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 zoni.ng permit, or certificate of occupancy or
completion.
(b) The villa,ee mana�er or desienee ' may waive the filing fee when the
applicant seeks a variance to replace an existi.ng screened swi.mming pool enclosure with
a new screened swimming pool enclosure having the same dimensions but a greater
height than the existing screened swimming 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 Ordina.nces of the V'il.lage of Tequesta. aze hereby amended to substitute reference to the
boazd of ad.justment with reference to the planning and zoning board; providing that these
sections sha11 hereafter read as follows:
ARTICLE IX. - SUPPLEMENTAL REGULATIONS
DIVISION 1. - GENERALLY
Sec. 78-299. - Location and screening of emergency generators, air conditioners, pool
eqnipment and similar mechanical equipment
(a) Intent. The purpose and intent of this section is to provide regulations for the loca.tion and
screening of emergency generators, air conditioning equipment, pool equipment and
sim.ilar mecha.nical equipment for the enhancement of community amenities of beauty
and visual interest and to protect public health, safety and welfaze by promoting noise
control. This section does not apply to roof top mounted equipment.
(b) Applicability. The regulations provided by this section shall apply within all residential
zoning districts within the village, including the residential pc�rtions of the mixed use
zoning district, on properties ha.ving or using emergency generators, air conditioners,
pool equipment or similar mechanical equipment. Porta.ble genera.tors are not subject to
the provisions of this section. �
(c) Regulations.
Page 8 of 19
(1) Emergency generators, air conditioni.ng equipment, pool equipment and similar
mechanical equipment sha11 not be located in any front yard azea or any closer than five
feet from any side or rear lot line.
(2) All emergency genera.tors, air conditioning equipment, pool equipment and similar
mechanical equipment shall be screened from public view, from public streets, and from
abutti.ng properties.
(3) Screening shall be opaque in na.ture and be constructed in conformity with ma.terial
approved by the Florida. Building Code, or shall be composed of vegetation that does not
violate the village's landscaping code at division 4 of this article.
(4) Buffering sha11 be of a material that 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 ma.y not protrude above the screening. Equipment that exceeds
five feet in height must comply with the setback requirements for accessory structures 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 be in compliance with this section.
(7) Appeals of the decisions of the village staff concerning these matters may be
implemented by the appeal process to the Alannine and zonin� board 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 chapter 2, article IV.
Sec. 78-300. - 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 beauty and visual
interest and to protect public health, safety and welfare by promoting refuse and litter
control.
(b) Applicability. The regulations provided by this section sha11 apply within all zoning
districts withi.n the village on properties ha.ving or using dumpsters for their sanitaxion
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service. Temporary dumpsters, such as those wluch are placed on job sites during
construction activity, aze 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
reasona.bly accessible for trash collection by the sanita.tion vehicles, and shall not be
located within the right-of-way of a public street or alley.
(2) All dumpsters shall 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 being obtai.ned by an approved openi.ng. The sufficiency of the access of
. the dumpster shall meet the concurrence of the village and the franchised sanita.tion
company.
(4) Screening shall 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 oi�icial prior to the commencement of construction.
(5) The screeni.ng of the dumpsters sha11 be of a material that blends in with the azchitecture
of the building, when possible. All screening must be a minimum of four feet lugh. The
height of the dumpster ma.y not protrude above the screening.
(6) All dumpsters must be placed on a hard surface, the minimum dimensions of which sha11
be adequa.te for the size of the dumpster loca.ted there. Inadequate or nondurable pad.s
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 dumpster 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 a11 existing and future development within the
village. In the case of new development, the loca.tion of these dumpsters shall be shown
on the approved site plan.
(9) All existing nonconforming dumpsters in the village shall be in compliance with this
section no later than 18 months from the date of the passage of Ordinance No. 361.
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(10) Appeals of the decisions of the village staff concerning these ma.tters may be
implemented by the appeal process to the nlannine and zonin� board e€-a�e� 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, a.rticle IV.
Sec. 78-301. - Recyclable materials facilities for multifamily dwelling units.
Recyclable material collection and storage areas shall be provided on-site at all multifamily
developments with ten or more units, in accordance with the following requirements and/or
standards:
(1) General standards. Collection and storage facilities shall be in a.ccordance with any
specific requirements of the county solid waste authority, the village's franchise recycling
service provider and these requirements andlor standards as set forth in this section.
(2) Location. Recyclable material collection and storage azeas shall be located within the
building containing the multifamily dwelling units or within an accessory building such
as a parking structure or within or adjacent to the disposable material dumpster area used
by the residents.
(3) Access. Access to recyclable material collection and storage areas shall be designed so as
to not require unnecessary turning or backing movements by pickup and removal
vehicles.
(4) Setback. The minimum setback for recyclable material collection and storage structures
sha11 be as required for accessory buildings or structures as set forth in the zoning district
schedule of site regulations in section 78-143
(5) Screeni.ng. All recyclable ma.terial collection and storage areas sha11 be properly screened
from view by a solid opa.que enclosure constructed of brick, concrete, concrete block and
stucco, or other decorative masonry or comparable wood, consistent with the
architectural cbaracter or style of the development or principal buildings. If gates are used
they shall meet the requirements of the village franchise service provider. All exterior
sides of such enclosures, except the open end, shall be landscaped with minimum 24-inch
high plant ma.terial spaced a maximum of 24 inches on center at time of planting. The
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type of plant material sha11 meet the requirements of the village's landscape code as set
forth at article IX, division 4 of this chapter.
(6) Storage area. The required collection and storage areas or structures shall be sized to
properly handle the volume of recyclable ma.terials anticipated. to be generated by the
multifamily development.
(7) Alterna.tive compliance. Applicants sha11 be entitled to demonstra.te that recyclable
material 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 recyclable materials stora.ge and collection plan meeting the
express collection and storage azea 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 shall be encouraged. In order to encourage retrofitting, existing
multifamily buildings or developments may convert existing off-street parking spaces to
accommodate a recyclable ma.terial storage structure meeting the requirements of this
section and, additionally, in accordance with the followi.ng standards:
a. Number of pazking spaces to be converted. The number of existing off-street parking
spaces converted sha11 not exceed the minimum number of collection and storage azeas
necessaty 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 storage areas p�vsL�t to the requirements and
standards of this section shall be permitted by right, without resort to the plannin� amd
� boazd e�a�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
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ma.terials collection service on at least a weekly basis shall be exempt from the standards
of this section.
Section 4. Chapter 78, Article IX, Division 2, Section 78-334. of the Code of
Ordi.nances 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 read as follows:
ARTICLE IX. - SUPPLEMENTAL REGULATIONS
DIVISION 2. - SITE PLAN REVIEW
Sec. 78-334. - Application and review process.
Applications for site plan review sha11 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 dQ�uments 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 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, pol�ce and fire department
representatives, and engi.neering, traffic and landsca.ping consultants, as well as other
department 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 perti.nent to the site plan, to ensure compliance with the
applicable site regulations, use regulations, pazking 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
shall be stayed until such variance is resolved or appropriate application is made to the
nlannin� and zoni,n� board or the village council, as appropriate, and the
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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 sball be
submitted by the community development director or designee to the planning and zoning
advisory boazd �or fixrther revisw in accordance with this section The community
development director or designee shall submit such applica.tion for planning and zoning
advisory board review within 45 days of receipt of a completed application. Withi.n 45
days of review by the planning and zoning ad.visory board, the community development
director or designee sha11 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 zoni.ng advisory boazd. Upon receipt of all required plans,
exhibits and support documents 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
days in advance of the public hearing in a newspaper of general circulation in the azea.
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 li.mited 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 documeats required by section 7$-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 applica.tion. Notice of public hearing
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shall be advertised a minimum of ten da.ys in advance of the public hearing in a
newspaper of general circulation in the azea. 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. �
(e) Action by village council. After review, the village council shall grant approval, with
conditions, or deny the applica.tion and direct the buildi.ng official to approve or withhold
approval of the building permit.
(� Approval granted with conditions. When certain conditions aze attached to the site plan
review, the conditions sha11 be stated in writing on the order granting site plan review and
shall become a part of the approved site plan. Conditions of approval sha11 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, accepta.ble to the village attorney.
(h) Time limit for application for building permi� A building permit must be issued withi.n
one year of the da.te 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 sha11 set forth time withi.n which application for building permit on ea.ch 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 a11 ad.ministrative costs incurred by the village in the site
plan review process, the applicant shall, upon submittal of the applica.tion 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 offce.
(2) Additional costs. To cover any additional costs including, but not li.mited to advertising
costs, engineering fees, consulting fees, attorneys' fees and special studies, which aze not
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captured by the applica.tion fee, the applicant shall reimburse the village for all such costs
not later thaa 30 days after being invoiced by the village. Failure to make such payment
may be grounds for not issui.ng a building or zoning permit, or certificate of occupancy or
completion final.
Section 5. Cha.pter 78, Article XII, Subdivision 7, Sections 78-811 through 78-813.
and Sections 78-817 through 78-818. of the Code of Ordinances of the V'illage of Tequesta are
hereby amended.to specify that the building boazd of adjustment handles requests for variances
from the village's floodplai.n ordinance; providing that these sections shall hereafter rea.d as
follows:
ARTICLE I�I. - FLOOD DAMAGE PREVENTION
SUBDIVISION 7. �- VARIANCES AND APPEALS.
Sec. 78-811. - GeneraL
Pursuant to F.S. § 553.73(5), the b'1 S�n board of adjustment shall hear and decide on requests
for appeals and requests for variances from the strict applica.tion of the requirements of this
article and the flood resistant construction requirements of the Florida. Building Code. This
section does not apply to Section 3109 of the Florida. Building Code, Buildi.ng.
Sec. 78-812. - Appeals.
The b� board of adjustment shall hear and decide appeals when it is alleged there is an
error in any requirement, decision, or determination made by the floodplain administrator in the
administration and enforcement of this article. Any person aggrieved by the decision of the
'b iu ldin board of adjustment may appeal such decision to the circuit court, as provided by
Florida. Sta.tutes.
Sec. 78-813. - Limitations on anthority to grant variances.
The bw� boazd of adjustment shall base its decisions on variances on technical juslifications
submitted by applicants, the considerations for issuance in section 78-817 of tbis article, the
conditions of issuance set forth in section 78-818 of this article, and the comments and
recommenda.tions of the floodplai.n administrator . The b'lw d�n�' board of
adjustment has the right to attach such conditions as it deems necessary to further the purposes
and objectives of this article. Such conditions skiall be related to the variance and shall be
ou�hlv nronortional to the anticinated imnacts of the variance.
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Sec. 78-817. - Considerations for issuance of variances.
In reviewing requests for variances, the � board of adjustment shall consider all technical
evaluations, all relevant factors, all other applicable provisions of the Florida Building Code, this
chapter, and the following:
(1) The dauger that ma.terials and debris may be swept onto other lands resulting in further
, injury or da.mage;
(2) The danger to life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed development, including contents, to flood da.mage and
the effect of such damage on current and future owners;
(4) The importance of the services provided by the proposed development to the village;
(5) The availability of alternate locations for the proposed development that are subject to
lower risk of floodi.ng or erosion;
(6) The compatibility of the proposed development with existing and anticipated
development;
(7) The relationship of the proposed development to the comprehensive plan and floodplain
management program for the area;
(8) The safety of access to the property in times of flooding for ordinary and emergency
vehicles;
(9) The expected heights, velocity, duration, ra.te of rise and debris and sediment transport of
the floodwaters and the effects of wave action, if applicable, expected at the site; and
(10) The costs of providing governmental services during and after flood conditions
including maintenance and repa.ir of public utilities and facilities such as sewer, gas,
electrical and water systems, streets and bridges.
Sec. 78-818. - Conditions for issuance of variances.
Variances shall be issued only upon:
(1) Submission by the applicant, of a showing of goad. and sufficient ca.use tha.t the unique
chazacteristics of the size, configuration, or topography of the site limit compliance with
any provision of this article or the required elevation standards;
(2) Determination by the b i i boazd of adjustment that:
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a. Failure to grant the variance would result in exceptional hardship due to the physical
characteristics of the land that render the lot undevelopable; increased costs to satisfy the
requirements or inconvenience do not constitute hardship;
b. The granting of a variance will not result in increased flood heights, additional threa.ts to
public safety, extraordinary public expense, nor create nuisa$ces, cause fraud. on or
victimization of the public or conflict with existing local laws and ordinances; and
c. The variance is the minimum necessary, considering the flood hazard, to afford relief;
(3) Receipt of a signed statement by the applicant that the variance, if gra.nted, shall be
recorded in the office of the clerk of the court in such a manner tha.t it appears in the
chain of title of the affected parcel of land; and
(4) If the request is for a variance to allow construction of the lowest floor of a building, or
substantial improvement of a building, below the required elevation, a copy in the record
of a written notice from the floodplain administra.tor to the applicant for the variance,
specifying the difference between the base fload elevation and the proposed elevation of
the lowest floor, stating that the cost of federal flood insurance will be commensurate
with the increased risk resulti.ng from the reduced floor elevation (up to amounts as high
as $25.00 for $100.00 of insurance coverage), and stati.ng tha.t construction below the
base flood elevation increases risks to life and property.
Section 6. Each and every other section and subsection of Cha.pter 78. Zoning. sha11
rema.in in full force and effect as previously adopted.
Section 7. All ordina.nces and parts of ordinances in conflict with these amendments
are repealed.
Section 8. Should any section or provision of this ordinance, or any portion thereof,
any paragraph, sentence or word, be declared by a Court of competent jurisdiction to be invalid,
such decision sha11 not affect the validity of the remainder of tlus ordinance.
Section 9. Specific authority is granted to codify and incorporate this ordinance into
the existing Code of Ordinances, V'illage of Tequesta, Florida.
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Section 10. This ordinance shall take effect immediately upon adoption.
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