HomeMy WebLinkAboutDocumentation_Local Planning Agency_Tab 02_05/21/2015 ORDINANCE NO. 7-15
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 22. COMMUNITY
DEVELOPMENT. ARTICLE II, DNISIONS 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 currently charged with hearing
requests for variances on property containing single family residences in zoning districts R-1 and
R-1 A, as well as hearing certain administrative appeals; and
WHEREAS, the zoning 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 adjustment and
consolidate and transfer the responsibilities of the zoning board of adjustment into those of the
planning and zoning advisory board, which meets on a regular basis, and to rename this board as
the "Planning and Zoning Board"; and
WHEREAS, the Village Council agrees with said recommendations and believes that
merging the zoning board of adjustment into the planning and zoning board will be in the best
interest of the Village as well as its residents.
NOW, THEREFORE, SE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, AS FOLLOWS:
Section 1. Chapter 22, Article II, Division 2 and Division 3. of the Code of
Ordinances of the Village of Tequesta are hereby amended by placing final authority to hear
requests for certain zoning variances and certain administrative appeals with the planning and
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zoning advisory board, and by renaming this board as the "Planning and Zoning Board" and
clarifying other duties of the board; providing that these divisions shall hereafter read as follows:
DIVISION 2. - PLANNING AND ZONING "nvTCnnv BOARD
Sec. 22-51. - Creation, member qualifications, terms, appointment.
A planning and zoning ��� board is hereby established.
(a) Composition of the boa�d. The board shall be composed of five regular members
and two alternate members (all of whom shall serve without compensation),
appointed by the village council. At the time of appointment and at all times during
which they serve, all members (i) shall reside in the village and be qualified electors
of the village (ii) shall 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 contractors.
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 manager,
shall have the authority to recruit and appoint qualified members into the vacant
seats from any area of the Village of Tequesta.
(b) AlteNnate boaNd rneynbe�s. In addition to the five regular board 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) TeNms 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) Termination/Nesignation. All board members shall serve at the pleasure of the
village council and derive no property 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 shall 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 the 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 department of community development or his designated representative shall
serve as clerk to the board.
Sec. 22-53. - Powers and duties.
The planning and zoning ���sei-� 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 regarding 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 ����se�'3� 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 finish 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 bropertv located in the R-lA and R-1 zonin� districts
as sbecified at Sec. 78-2
(c) Pursuant to Chanter 78 Zonin� Article III At�neals and Variances hear and decide
abbeals where it is alle�ed there is error in anv order, reauirement, decision or
d etermination made bv an adm in ist rative official in the enforcement of Chabter 78,
Zonin�; or of anv ordinance adobted pursuant thereto, related to sin�le-familv
broberties and structures located within the R-lA and R-1 sin�le-familv dwellin�
districts of the village.
(d) Pursuant to Chabter 78 Zonin�, Article III Anneals and Variances, authorize unon
anblication in specific cases such variance from the terms of Chabter 78, Zonin�, as
will not be contrarv to the nublic interest, where, owin� to sbecial conditions, a literal
enforcement of the provisions of that chabter will result in unnecessarv hardshib,
related to sin�le-famil br and structures located within the R-lA and R-1
sin�le-familv dwellin� districts of the villa�e.
(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 ��se�� board may adopt such xules 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 ��se� board shall constitute the official Tree Board of the Village of
Tequesta and as such shall:
(a) Make recommendations to the village council that certain trees located within the
village be designated as specimen, histaric, 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 and/or
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) Adviso�y autho�ity. Recommendations of the planning and zoning ��er3� 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 ��3� 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 governmerital 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) Comments, if any, from the applicant, staff or the public.
(b) Final authority Ne2ardin� ce�tain site blan nzatters. The planning and zoning ��i��}
board shall have final authority as provided in section 22-53(b). An order approving,
approving with conditions, or denying such applications shall be rendered by the chair as soon
as practical. Prior to taking any final action, the planning and zoning ��t�e�� 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
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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 department of community development.
(3) Comments, if any, from the applicant, staff or the public.
(4) Conditions of approval shall be related to the proposed development and shall
be roughly proportional to the anticipated impacts of the proposed development.
(c) Final authoritv Ne�a�din� appeals and vaNiances. The plannin� and zonin� board shall
have final authoritv as brovided i n Chabter 78 Article TII. An order abbrovin�, abbrovin� with
conditions or denvin� such abbeals or variance abalications shall be rendered bv the chair as
soon as nractical. Prior to takin� anv final action on a variance reauest, the blannin� and
zoning board shall consider the criteria set forth in Chabter 78 Article III.
(d e) Notice. Notice of public hearing shall be advertised a minimum of ten days in advance
of all planning and zoning ��� board public hearings in a newspaper of general
circulation in the area.
(e �) Time limit foN application foN building peNmit. A building permit must be issued within
one year of the date of the planning and zoning ��y� board approval for all site blan
related abbrovals or the approval shall be nullified, unless such time period is extended for one
more year only by the planning and zoning �� board upon written request of the
applicant, submitted to the village, prior to expiration of the approval. Anv variance �ranted
bv the blannin� and zonin� board shall exbire within six months from the date of �rant, unless
a buildin� nermit based ubon and incort�oratin� the variance is issued within the six-month
beriod and construction has be�un thereunder. or unless an extension is �ranted pursuant to
Sec. 78-68.
Sec. 22-56. - Meetings; records.
Meetings of the planning and zoning ���-se�� 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 zoning ���se� 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 shall 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 ���i-se�'-� 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, shall not be reimbursable, and is
intended to defray the costs of administering, processing and reviewing the application.
Additionally, to cover any additional costs including, but not limited to advertising costs,
engineering fees, consulting fees, attorneys' fees and special studies, which are not captured by
the application fee, the applicant shall reimburse the village for all such costs not later than 30
days after being invoiced by the village. Failure to make such payment may be grounds for not
issuing a building or zoning permit, or certificate of occupancy or completion.
Secs. 22-58-22-80. - Reserved.
DIVISION 3. - SUPPLEMENTAL CRITERIA AND PROCEDURAL RULES
Sec. 22-81. - Definitions.
The following words, terms and phrases, when used in this division, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Appropriate to szc��oundings refers to the appearance of a building relative to its
surroundings, including into an orderly relationship with landscape and nature, 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 surroundings in the same way.
Honest design canstruction 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.
Prope� design concepts refers to architectural planning and to the analysis of the whole
structure in terms of forms and composition, 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 advertising 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.
Spczce 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 plan review.
The planning and zoning ��se�� board shall review, and recommend final action to the
village council or take final action itself, pursuant to section 22-53(al and (bl��
T ��r°n°r. In makin� such review, the blannin� and zonin� board shall apnlv the followin�
�eneral reauirements:
The general requirements are minimum aesthetic standards for all site development,
buildings, structures, or alterations within the village except in districts R-1 A and R- L 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) HaNnzony with other buildings. Buildings or structures which are a part of a present
or future group or complex shall 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 future of any established
section of the village, the design and location on the site shall enhance rather than
detract from the character, value, and attractiveness of the surroundings.
(2) Ha�mony with suN�oundings. 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) Facudes. 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 haNTnonious 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) AdveNtisements on buildings. Buildings which are of symbolic design for reasons of
advertising and are not compatible to the atmosphere of the village shall 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) ExteNioN lighting. Exterior 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 advertising 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 exterior lighting are to be selected
not only for functional value, but for aesthetic value.
(7) InappNOpNiate building styles. Buildings of a style or style type foreign to South
Florida and/or 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
establishments 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) ExteNior forms. All exterior forms, attached or not attached to buildings, shall
be in conformity to and secondary to the building. They shall be an asset both to the
aesthetics of the site and to the neighborhood.
(11) Telephones, vending machines, and facilities dispensing merchandise oN
seNVices. All telephones on private property, vending machines, or any facility
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dispensing merchandise or a service shall 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 colo�s; extet�ioN stoNage and display o,f' me�chandise. 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 establishments, 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 display 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 enlarged 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 crates or cases, refuse and garbage
shall be screened from adjacent property and from the public view.
Sec. 22-83. - External 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, lilce facades are not
possible, consideration should be taken 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 vistas must be
surveyed and planning steps are to be taken to preserve them to the greatest extent. Careful
consideration as to future development shall be given to vistas which open into undeveloped
areas.
Sec. 22-84. - Landscaping.
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Landscape plans will be evaluated regarding their relationship to the existing natural
landscape, the existing and proposed developed landscape, including those on adjacent properties
and street rights-of-way, and the existing and proposed buildings.
(1) P�eservation of existing natural landscape. The existing natural 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 existing
trees and replant with a type of vegetation completely foreign to the immediate
natural environment.
(2) Paving, benches and similaN fixtu�es. 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 landscaping will be to screen a particular
objectionable area, an accessory use or an otherwise acceptable structure or space.
The achievement of this is left to the designer, whether by walls, fences, mounds of
earth, or vegetation. Screening shall be employed to mask from the public view or
adjacent properties such service areas as trash 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 f�ofn otheN aNeas. Landscaping shall 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 shall 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 f�iendly 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) Gene�al standa�ds. 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. The
parking lot, because it is viewed from above as well as at eye level, should be designed
accordingly.
(b) ScNeening. 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 area,
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, exits, regulations, etc., in excess of two square feet are to be of a tasteful
design. The pavement is to be more than wall-to-wall asphalt. It is recommended that
pavement be varied in texture or color designating lanes for automobile traffic, 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 exits to and from the lot. Trash, refuse and unaesthetic 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
Development. 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.
Section 4. Should any section or provision of this ordinance, or any portion thereof,
any paragraph, sentence or word, be declared by a Court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder of this ordinance.
Section 5. Specific authority is granted to codify and incorporate this ordinance into
the existing Code of Ordinances, Village of Tequesta, Florida.
Section 6. This ordinance shall take effect inunediately upon adoption.
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