HomeMy WebLinkAboutDocumentation_Local Planning Agency_Tab 03_05/21/2015 ORDINANCE NO. 8-15
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE 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 charged 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
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 board, which meets on a regular basis; 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, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, AS FOLLOWS:
Section 1. Chapter 76, Article I, Section 76-7. of the Code of Ordinances of the
Village of Tequesta is hereby amended to substitute reference to the board of adjustment with
reference to the planning and zoning board; providing that this section shall hereafter read as
follows:
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ARTICLE I. - IN GENERAL
Sec. 76-7. - Variances.
(a) Any person desiring a variance from the terms of this chapter shall make application for
such variance to the lannin� and zoning board 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 blannin� and zonin�
board �����°*m°r* MUST find with respect to the proposed project as follows:
(1) The variance being requested meets the definition of the term "variance" as that 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 create an appreciable obstruction of waterway views or otherwise detract
from aesthetic values.
(7) It would not appreciably disrupt, interfere with, or disturb marine or benthic life.
(8) 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 Chapter 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.
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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 decisian 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 immediately upon adoption.
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