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; „ ' VILLAGE CLERK'S OFFICE �
AGENDA ITEM ROUTING SHEET s
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 REMOVWG 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 V(L�AGE'S FLOODPI.AIN 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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Departmer�t �iead ! ��,�� � �'� ���-, �
Legai (for legal sufficiency) I �
Finance Director or Representative ,
Reviewed for Financial Sufficiency Q ���
No Financial Impact �
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Village Manager:
Submit for Council Discussion: � _ ..
A rove Item� �
PP C� � ���G°'� ,t.�, �,` . � �� � i �
Deny ltem: � �� i
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Form Amended: 10/30/14
VtLLAGE OF TEQUESTA
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MEMORANDUM Village Clerk's Office
TO: Michaei Gouzzo, 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 1 haue had numerous
conversations over the past year regarding the Board of Adjustment (BOA). Currently,
the BOA is charged vuitn 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 VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONIlVG. BY
REMOVII�iG ALL REFERENCE TO THE BQARD OF ADJUSTMENT
AND SUBSTITUTING IN TI'S PLACE THE PLANNING AND ZONIlVG
BOARD; FURTI�R CLARIFYING THAT THE BUII.DING BUARD OF
ADNSTMENT HANDLES REQUESTS FOR VARIANCES FROM THE
VII.LAGE'S FLOODPLAIN ORDINANCE; PROVIDING THAT EACH
AND EVERY OTSER PROVISION OF CHAPTER 78. ZONIlVG. SHALL
REMAIN IN FULL FORC`E AND EFFECT AS PREVIOUSLY ADOPTED;
PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND
AUTHURITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
WHEREAS, the Village's zoning board of adjusdnent 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 hearing certain adminisbrative appeals; and
WH�REAS, the zoning board of adjustment meets very infrequently; and
WHEREAS, the Village Council has received a recommendation from the Village
Nianager and Community D�velopment Director to dissolve the zoning board of adjustment and
consolidate and transfer the responsibilities of the zonin.g board of adjustment into those of the
planning and zoning board, which meets on a regular basis; and
WHEREAS, the Village Coimcil agrees with said recommendations and believes that
merging the zoning board of adjustment into the plaaning and zoning 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
VII.LAGE OF TEQUESTA, FLORIDA, AS FOLLOWS:
Section 1. Chapter 78, Article I, Section 78-4. of the Code of Ordinances of the
�llage of Tequesta is hereby amend�ed by repealing the definition of "board of adjustment" and
amending the definition of `�ariance" to substitute reference to the board af adjustment with
reference to the planning and zaoIIillg board; providing that this section shall hereafter read as
follows:
Page 1 of 19
ARTICLE L - IN GENERAL
Sec. 78-4. - DeSnitions.
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 ca�ext clearly
indicates a different meaning. All words used in the present tense include the fub�u+e; all words in
the singular number include the plural and the plurai the singular. The word "building" includes
the word "structure." The word "shall" is mandatory. The word "person" includes a firm,
corporation or municipal corporation as well as a natural person. The word "map" shall mean the
official zoni.ng map of the village. The tenn "council" shall mean the Council of the Village of
Teq� and the word "village" shall mean the Village of Tequesta, a mwucipal corporation of
the State of Florida. The word "used" shall be deemed to include the words "ananged, designed
or intended to be used," and the word "occupied" sha11 be deemed to inalude the words
"arranged, designed or intended to be occupied." Any word oz term not interpreted or defined by
this section shall be used with a meaning of common or standard utilization.
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Yarim�ce means a variation from the district requirements of this chapter wlvch is granted by the
Planning and Zonimg Bo or the Villa�e Council. as anulicable
where such variance will not he con�racy to the public interest and where, owing to conditions
peculiar to the physical characteristics of that particular properiy and not the result of the actions
of the owaer, agent, or applic�nt, 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 Yillage of Tequesta are hereby amended to substitute reference to the board of
adjustment with reference to the planning and zoning board; providing that these sec�ions shali
hereaf�er read as follows:
ARTICLE IIL - APPEALS AND VARIANCES
Sec. ?8-61. - GeneraUy.
Page 2 of 19
Appeals and variances describ� in this article shall be considered by either the nlannin� and
� board e€-�e� or the village council. The nlannin and zonin� board �e�
sha11 consider appeals and variances relating to single-family properties and. stnic�tures located
within the R lA and R 1 single-family dwelling districts of the village. The viUage council shall
consider appeals and variances relating to all oth�er properties nat within the jurisdiction of the
»19nning end z�ni� bostd e€�e�e�, inoludil�g pmperties withi�t the R-lA and R-1 single-
family dwelling districts which are not single-famiiy, 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. — B�
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Page 3 of 19 �
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Scx. 7&63. - Appesl procednne.
(a) Appeals to the �lAnn�n� aad zoning board�ea� or the village council, as
appmpriate, may be taken by an applicent aggrieved by administrative action of the
villsge manager, � the commuaity development director ', or their
designees, relating ta the powers and duties of the ulannin� and zoning board-�€
�ea� or the village council under this ��1e e�, as appropriate. For purposes
of this section, the pi�eparation or submittal of a staff report or its equivaleirt shall not be
considered administrative action subject to appellate review. Swch appeal shall be taken
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 wham 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 nlanninE and zonin� board or the village council, as appropriate, shell fix a
reasonable time for the hearing of the appeal, give public notice thereof pursuant to
section 78-65(e), and decide the same within a reasonable time. Any party to the hearing
�Y aPP�' � P�n, 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 sha11 be notified by mail of the
date and time of the hearing.
Sec. 7$-64. - Stay of proceedings pending d�ision on appeaL
An appeal stays all pmccedings in fiutherance of the action apgealed from, unless the person(s)
from whom the appeal is taken certifies to the Dlanning and zonins board e€-a�s�a� or the
village council, as appropriate, ai�er the notice of appeal shall have been filed with himi, that, by
Page 4 of 19
reason of facts stated in tbe certificate, a stay would, in his opinion, cavse imminent peril to life
and property. In such case, Proceedings shall not be stayed othervvise than by a res�aining order,
which may be granted by a court of r�ord on application, on notice to the officer from whom the
appeal is taken and on due cause shown.
Sec. 78-65. - Powet� and duties of o�9nning nd z.�nL board e��er�ea� and village
conncil; public notice.
(a) The nlannin¢ an� board�� 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 deterrrunation made by an administrative official in the enforcement of tiris
chapter or of any ordinance adopted pursuant thereto.
(2) Authorize upon application in sp�ific cases such variance from the terms of this chapter
as will not be contrary to the public interest, where, owing to special conditions, a literal
enforcement of the provisions of this chapter will result in unnecessary hardship. The
power to grant any such variance shall be limited by and contingent upon a finding by the
nl�nnin� �n_d znninE bp81Y� 01' � COUIICil thRt
a, Special conditions and circumstances exist which are peculiar to the land, structure, or
building involved and which are not applicable to other lands, striuKures or buildings in
the same zoning distric�
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, buildings or structures in the same zoning dislrict.
d Literal 'urterpretation of the provisions of this chapter would deprive the applicant of
rights commoniy enjoyed by other properti.es in the same zoning district under the terms
of this chapter �d would work unnecessary and undue hardship on the applican�
e. The variance granted is the minimum variaace that will make possible the reasonable use
of the land, buildin,g or shvcture.
f. The grant of the variance will be in harmony with the generai intent and purpose of this
chapter and sttch variance will not be injurious to 13�e area involved or otherwise
detcimental to the public welfare.
Page S of 19
(b) In Sranting any variance, the nlanninE end zoning board�e� or village council
may prescribe appmpriate conditions and safeguards in conformity with tltis chapter and
any other ordinance enacted by the village council. Violation of such conditions and
safeguards, when naade a part of the terms under which the variance is granted, shall be
deem� a violation of this chapter. Conditions and safegusrds shail be related to the
pra�wsed development and shell be roughly proportional to the anticipated impacts of the
Praposed development
(c) In reviewing matters brought before it pursuant to the provisions of this arkicle, neither
the �lannin� and � in board�� nor the village council shall exercise
authority or jurisdiction over matteis which are specifically reserved to other offir.ers,
boards or agencies of the village. Where site plan review is necessitated pursuant to the
provisions of this chapter, no decision of the nlannin� and zonin� ��ea� or
the village council with respect to a variance, or other matter, pertaining to the properiy
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
applicable laws and ordinances beyond the jurisdiction of the nlannin� a� nine board
�ea� or the village council, no building permit shall be issued regardless of any
decision of the nlaaninQ and zoning board or village council tmtil the requirements of
such laws and ordinances have been met
(d) Under no circumstances shall the vlannin� aad zoninQ board�e� or the village
council grant a variaace to peimit a use not generally or by speciat exception permitted in
the zoning 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,
struchues, or buildings in. the same zoning district and no permitted use of lands,
structures or buildings in other zonuig districts shall be considered grounds for the
authorization of a variance.
(e) Notice of public hearing of the nlannin� and zoning board�e� sl�all be
advertised a minimum of ten days in advance of the public hesring in a newspaper of
general circulation in the area.
Sec. 7'8fi6. - Decisions; reqaired vote; resubmission af'�er deaisL
Page 6 of 19
In exercising the powers meation�i in section 7&65, the nlanning and zonin� board—e�
� or the village council may, in conformity with the provisions of this article, reverse or
a�rm, wholly or partty, or may modify the order, requirement, decision or determination
appealed from and may make such order, requirement, decision or detennination as ought to be
made, and to that end shall have all the powers of the officer from whom the appeal is taken. The
concutring vote of three members of the nlsnning and zonin� board�e� or the village
council shall be necessary to reverse any order, requirement, decision or d�etermination of any
such administrazive official, or to decide in favor of the applicant on any maiter upon which it is
required to pass under tlus chapter, or to effect any variation in this chapter. Any request denied
by the nlannine and zonin� board-��ea� or the village council sha11 not be resubmitted
for a period of 90 days at�er the date of denial.
Sec. 78-67. - Appeal to circuit court.
Any person oz persons aggrieved by any decision of the �lanning and zonin� board-e�st�ae�
or the village council under this article, may appeal such d�ision to the circuit covrt in
accordance with state law.
Se.c. 78-68. - Time limitation on variances.
The olanniag and zoning board-e€-a�j�st�ae� or the village council may prescribe a reasonable
time limit within wluch the action for which the variance is required shall be begun or completed
or both. However, if no time limit is specified by the �annin� and zoainE board-e€�,j�s� or
the village council, then the variance shall expire within six months from the date of grant, unles�
a building permit based upon and incorporating the variaace is issued within the six-month
period and construction has begun thereunder Tlle Dlannina � ZOII111S b08Id�� OT
the village counciL as avnlicable. may grant one six moirth 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. - F'iling fee.
(a) Upon filing an application with the nlannine and zoning board�t�s�ea� or the
village council under this acticle, 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 reimbursable, and. is intended
to defray the costs of administering, pt�ocessing and reviewing the application.
Additionally, to cover any additional costs includi.ng, but not limited to advertising costs,
Page 7 of 19
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 thaa 30 days after being invoiced by the village. Failure to make such paymenx
may be gzounds for not issuing a building or zonin$ permit, or certificate of occupancy or
completion.
(b) The villaee mA*+ �er or desi�nee �l�age�e�e� may waive the filing fee when the
applicant seeks a variance to replace an existing screened swimming pool enclosure with
a new screeaed swimming pool enclosure having the same dimensions but a greater
height than the existing screened swimming pool enclosure.
Secg. 7&70-78-90. - Reserved.
Section 3. Chapter 78, Article IX, Division 1, Sections 78-299 through 78-301. of the
Code of Ordinaaces of the V'illage of Tequesta are hereby amended to substitute reference to the
board of adjustmeirt with reference to the planning and zoning board; pmviding that these
sections shall hereafterr read as follows:
ARTICLE IX. - SUPPLEMENTAL REGULATIONS
DIVISION 1. - GENERALLY
Sec. 7�299. - Locatian and screening of emergency generators, sir conditioners, pool
eqaipment and similar mechanical equipment
(a) Inten� 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
sim.ilar mechanical equipment for the enhancement of community amenities of besuty
and visual interest and to pmtect public health, safety and welfaze by promoting noise
control. This section does not apply to mof top mo�ted equipment
(b) Applicability. The regulations provided by this section shall apply within all residential
zoning districts within �e village, including the reside�,ial portions of the mixed use
zonin,g dis�irict, on properties having or using emergency generators, air conditioners,
pool equipment or similar mechanical equipment. Portable generators are not subject to
the provisions of this section '
(c) Regulations.
Page 8 of 19
� 1) Eme�'BencY generators, air conditioning equiPment, Pool equipment and similar
mechazucal equipment shall not be lacated in any front yard area or any closer than five
feet from �ny side or rear lot line.
(2) All emergencY generators, air conditioning equipment, Pool equipment and similar
mechanical equipment shall be screened from public view, from public streets, and from
abutting properties.
(3) Screening shall be opaque in nature and be constivcted in conformity with material
approved by the Florida Building Code, or sb�all be composed of vegetation that does not
violate the village`s landscaping code at division 4 of this article.
(4) Buffering shall be of a material that blends in with the architecture of the building, and/or
landscaping of the site, when possible. Screening may not exc�d five feet lrigh. The
height of the equipment may not prohude above the screening. Equipment that exceeds
five feet in height must comply with the setback requirements for accessory stnutures set
forth at section 78-143
(5) The regulations in tlris section cover all existing and future development within the
village. In the c�se of new development, the location of the eqwipment sha11 be shown on
the approved site plan.
(6) All existing nonconforming �uipment in the village on the date of the passage of
Ordinance No. 14-12 shall be deemed to be in compliance with #lus section.
(� Appeals of the decisions of the village staff concerning these matters may be
implemented by the appeal process to the nlannine and zonin� board e�s�aea� as
described in this chapter.
(d) Penalty. Any person violating the provisions of this section shatl be subject to code
enforcement, including the penalties provided at chapter 2, article IV.
Sec. 7&300. - Location and acreenutg of dumpsters.
(a) Intent. The purpose and intent of this section is to pmvide regulations for the loca�ion and
scree IIlIIg of dumpsters for the enhaucement of community amenities of beauty sad visual
interest and to protect public health, safety and welf� by promoting refuse and litter
control.
(b) Applicability. The regulations provided by tlus section shall apply within all zoning
districts withiu the village on properties having or using dumpsters for their sanitation
Page9of19
service. Temporazy dumps�ters, such as those which are placed on job sites during
constcuction 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 sanitation vehicles, and shall not be
located within the right-of-way of a public street or alley.
(2) All dumpsters shall be saeened from public view, from public s�eets, and from abutting
P1'oPert►es.
(3) Screening on three sides of the dumpster shall be erected with aacess to the dumpster on
the fourth side being obtained by an approved opening. The sufficiency of the access of
. the dumpster shall meet the conciurence of the village and the franchised sanitation
company.
(4) Screening shall be opaque in. nature and be constcucted in conformity with material
approved by the Florida Buitding Code. A permit must be obtained from the village
building of�icial prior to the commencement of consttuction
(5) The screening of the dumpsters shall be of a material that blends in with the architecture
of the building, whea possible. All screening must l� a minimum of four feet lugh. The
height of the dumpster may nat protrude above the screening.
(6) All dumpsters must be placed on a hard surface, the minimum dimensions of wluch s�hall
be adequate for the size of the dumpster located there. Inadequate or nondurabie pads
shall be the responsibility of the properiy owner to repair or replace as needed.
('� 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.
(S) The regulations in this section cover all existing and future development within the
village. In the case of new developmern, the location 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.
Page 10 of 19
(10) Appeals of the decisions of the village stai� concerning these matters may be
implemented by the aPpeal Pmcess to the nlanninQ anri ��+_,�ng boatd �e� as
described in tlus chapter.
(d) Penalty. Anq person violating the provisions of this sectiott shall be subject to code
enforcement, including the penalties provided at chapter 2, article IV.
Sec. 78-301. - Recyclable materials facil�ities for multifamily dwelling nnita.
Recyclable material coll�tion and storage areas shall be provided on-site at all multifamily
developments with ten or more units, in accordaace with the following requirements and/or
standards:
(1) General standards. Collection and storage facilities shall be ia accordance with any
specific requirements of the county solid waste authority, the village's fr�mchise recycling
service provider and these requirements andlor standards as set foith in this section.
(2) I,ocation Recyclable material collection aad storage areas 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
sha1l be as requared for accessory buildings or structures as set forth in the zoning disirict
schedule of site regulations in section 78-143
(5) Screening. All recyclable material colle�tion and storage areas sha11 be properly screened
from view by a solid opaque enclosure constructed. of brick, concrete, concrete block and
stucco, or other decorative masonry or comparable wood, consistent with the
architectural character or style of the development or principal buildings. If gates are used
they shall meet the requirements of the village fiancluse service provider. All exterior
sides af such enclosures, except the open end, shall be landscaped with minimum 24-inch
high plant material spaced a maximum of 24 inches on center at time of planting. The
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type of plaat material shall meet tl� requiremeats of the village's landscape code as set
forth at article IX, divisioa 4 of this chapter.
(6) Storage area. The required collection and storage areas or shvctures shall be sixed to
propetly handle the volume of recyclable materials anticipated to be generated by the
multifannily development.
('n Alternative compliance. Applicazits shall be entitled to demonstrate that recyclable
material storage sF�ce needs can be effectively met through an alternative recyclable
materials collection and storage plan. An altemative plan shall be reviewed by the solid
waste a�rthority, the village's franchise service provider and the village, and, if approved,
sh�all be substituted for a recyclable materials storage and collection plan meeting the
expre4s collectioa and storage area requirements and standards of this sec,�tion.
($) 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 chapter.
(9) Retrofitting of existing multifamily developments. The retrofitting of exisling
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
accvmmodate a r�cyclable material storage struchu�e meeting the requirements of this
section and, additionally, in accordance with the following standuds:
a. Number of pa�rking spaces to be converted. The numher of existing off-street parking
spaces converted shall not exceed the minimum number of collection attd storage areas
necessary to properly meet the aMicipated recycling needs of the multifamily
developmen�
b. Automatic waiver. The conversion o€ existing off-street parking spaces to accommodate
recyclable material collection and storage areas piu�suant to the rec}uirement� and
standards of this section shall be permitted by right, without resort ta the nlannin� and
. . boazd e€�a�j�s�ae�.
(10) Exemptions. Multifamily developments in existence at the date of the adoption of
the ordinance from which tlris section is derived that receive curbside recycla.ble
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materials collection service on at least a we�kly basis sha11 be exempt from the standazds
of this section.
Sectian 4. Chapter 78, Articie IX, Division 2, Section 78-334. of the Code of
Ordinances of the V'illage of Tequesta is hereby amended to substitirte reference to the board of
adjustment with reference to the planning and zoning board; Pmviding t1�at this section shall
hereafter read as follows:
ARTICLE IX. - SUPPLEMENTAL REGULATIONS
DIVISION 2. - SITE PLAN REVIEW
Sec. 78-334. - Apptication and r�.wiew procesa
Applications for site plan review shall adhere to the following procedures and requiremeats:
(a) Preapplication meeting. A preapplication submittal m�ting shall be lield with the
applicant and his design team and the community development dire�tor and his
development staff, pursuant to sec�ion 78-332
(b) Review by the development review committee. Upon receipt of all required plans,
exhibits and support documents from the applicant, including but not limited to seven
copies 11 x 17 sized, thrce 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, police and fire deparlment
representatives, and engin�ring, traffc and landscaping consultants, as well as other
deparhnent representatives or consultants as determined by the commwnity development
director or designee, and as listed at section 78-331(g) shall review the submitted site
plan, and plans and requirements pertinent to the site plan, to ensure compliance with the
applicable site regulations, use regulations, parking regulations and all other technical
requirements. If the application is deemed by the development review committee to be at
variance with such regulations and requirements, further action on the site plau review
shall be stayed until such vatiance is resolved or appropriate application is made to the
nlanning and zoni.n� board �es� or the village council, as appmpriate, and the
Page 13 of 19
necessary variance is granted in accordance with article III of this zoning ordinance. If
the application is deemed by the development review committce to be in compliance with
stuch regulations and requirements, the application and all exhibits and any additional
comments of �e development review committee concerning such application shall be
submitted by the community development director or designee to t� planning and zoni.ng
advisory board for fiirther review in accordance with this section. The community
development director or designee shall submit such application for planning and zoning
advisory beard review within 45 days of receipt of a completed application. Within 45
days of review by the planning and zoning advisory board, the community development
director or designee shall then submit such application, including the recommendations of
the planning and zoning advisory board, for village couacil review. However, for the
items specified in section 22-53(b), the planning and zoning advisory board has final
approval authority, and those items do not require further approval by the village council.
(c) Review by planning and zoning advisory board. Upon receipt of all required plans,
exhibits and support documents from the community development director, including but
not limited to nine copies 11 X 17 sized, three copies full sized, and one copy in a digital
format as sp�ified by the village of the documents required by section 78-333 aad any
other exhibits deemed appropriate by the development review committee the planning
and zoning advisory board shall hold a public hearing to review, consider and make
recommendations to the village council, or �ke 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 heazing in a nevvspaper of general circulation in the area.
The owner of the property for which site plan review is sought or his agent or attomey
designated by him on the submitted application sball be notified by mail of the date and
time of the hearing.
(d) Review by village council. Upon receipt of all r�uired plans, exhibits and support
docume�ts 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 7$-333 and any other exhibits
deemed appropriate by the developme�nt review committee the village council shall hold a
public hearing to review, consider and act upon the application Notice of public hearing
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shall be advertised a minimum of ten d�ys in advance of the public hearing in a
newspaper of general cixculation in the area. The owner of the property for which site
plan review is sought or his agent or attorney designated by him on the submitted.
application shall be notified by mail of the date and time of the hearing. �
(e) Action by village council. After review, the village council shall grant approval, with
conditions, or deny the application and direct the building official to approve or withhold
approval of the building permi�
( fl Approval granted with conditions. When cerhain conditions are attached to the site plan
review, the conditions shall be stated in writing on the order granting site plan review and
shall become a pazt of the approved site plan. Conditions of approval sha11 be related to
the proposed development and shall be mughly proportional to the anticipated imgacts of
the proposed development.
(g) Developer's agreemen� The village council ma.y requiire an applicant to enter into a
developer's agreement with the village if the village cvuncil deems such agreement
appropriate. If a developer's agreement is required of an applicant, it shall be set forth in a
recordable forim, acceptable to the village attorney.
(h) Time limit for application for building permi� A building permit must be issued within
one year of the date of the site plan appmval 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 sball set forth time within which application for building permit on each phase
sha11 be filed. If applications for building permits are not issued within these times, the
approval shall termina.te and be deemed null and void unless such time peTiod is extended
for one more year only by the village council upon written request of the applicaat,
submitted to the village, prior to expiration of the site plan.
(i) Application fee.
{1) Administrative costs. To cover all administrative costs incurred. by the village in the site
plan review process, the applicant sh,all, upon submittal of the application for site plan
review, pay a fee in an amount as established by resolution of the village council and on
file in the village clerk's offce.
(2) Additional costs. To cover any additional costs including, but not li.mited to advertising
costs, engineering fees, consulting fees, attorneys' fees attd special studies, which are not
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captured by the application fee, the applicant shall reimburse t�e village for all such costs
not later than 30 days after being invoiced by the village. Failure to make such paymeat
may be grounds for not issuiag a building or zoning permit, or certificate of occupancy or
completion final.
S�ection 5. Chapter 78, Article XII, Subdivision 7, Sections ?8-811 through 78-813.
and Sections 78-817 through 78-818. of the Code of Ordinances af the V'illage of Teq�.sta are
hereby amended.to specify that the building board of adjustmeat handles requests for variance.s
from the village's floodplain ordinance; providing that these sections shall hereafter read as
follows:
ARTICLE I�III. - FLOOD DAMAGE PREVENTION
SUBDIVISION 7.�- VARIANCES AND APPEALS.
Ser. 7$-811. - GeneruL
Pursuant to F.S. § 553.73(5), the � board of adjustment s�hall hear and decide on requests
for appeais and requests for variances from the strict �plication of the requirements of this
article and the flood resistant canstruction �equirements of the Florida Building Code. This
section dces not apply to Section 31(39 of the Florida Building Code, Building.
Sec. 78-812. - Appeals.
The � board of adjustment shall hear and decide appeals when it is alleged there is an
error in any requirement, decision, or determination made by the floodplain adminislrator in the
administration and enforcement of tlus article. Any person aggriev� by the decision of the
'� board of adjustrnent may appeal such decision to t� circuit court, as provided by
Florida. Statutes.
Sec. 78-813. - Limitations on anthority to grant variances.
The '�1 'n board of adjushneirt shall base its decisions on variances on technical justifications
submitted by applicants, the considerations for issuance in section 7$-817 of this article, the
conditions of issuance set forth in section 78-818 of this article, and the comments and
recommendations of the floodplain administrator . The b'1�' boazd of
adjustmern has the right to attach such conditions as it deems necessary to fiuther the purposes
and objectives of tlus article. �uch cond_iti� ahatl be related to the variance and sball be
�bilv nronortional to the anticinated imnacts of the variance.
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Sec. 78-817. - Coneiderations for i�sn�nce of variance�.
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 danger that materials and debris may l� swept onto other lands resulting in further
, injury or damage;
(2) The danger to life aad property due to flooding or erosion damage;
(3) The susceptibility of the proposed development, including contents, to flood damage aad
the effect of such damage on cuirent and future owners;
(4) The importance of the services provid� by the proposed development to the village;
(5} The availability of alternate locations for the proposed development that are subject to
lower rislc of flooding or erosion;
(� The compatibility of the proposed development with existing and a�icipated
developmen�
('n The relationship of the proposed development to the comprehensive plan and floodplain
management program for the area;
(8) The safety of access to die property in times of flooding for ordinazS► and emergency
vehicles;
(9) The expected heights, velocity, duration, rate of rise and debris and sediment transport of
the floodwaters and the effects of wave action, if applicabie, exgected at the site; and
(10) The costs of providing governmental services during and after flood conditions
including maintenance a�d repair of public utilities and faailities such as sewer, gas,
eleclrical and water systems, stneets and bridges.
Sec. 78-818. - Conditions for issuance of varisnces.
Variances shall be issued only upon:
(1) Submission by the applicant, of a showing of good and sufficient cause that the unique
characteristics of the size, configuration, or topography of the site limit compliance with
any provision of this article or the required elevation standards;
(2) Detenninatian by the �'�i' boazd of adjustment that
Page 17 of 19
a. Failure to grant the variance would result in exceptional h�ardship due to the physical
characteristics of the land that render the iot tmdevelopable; 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 threats to
public safety, extraordinary public expense, nor create nuisances, cause fraud on or
victimization of the public or conflict with existing locallaws a�d ordinances; and
c. The variance is the minimum necessary, considering the flood hazard, to afford relie�
(3) Receipt of a signed stateme�nt by the applicant that the variance, if graated, shall be
recorded in the office of the clerk of the court in such a manner thst it appears in the
chain of title of the affected parcel of Iand; and
(4) If the request is for a variance to allow construction of the lowest floor of a building, or
substantial improvement of a build.ing, below the required elevation, a copy in the record
of a written notice from the floodplain administrator to the applicant for the vaziance,
specifying the difference between the base flood elevation and the proposed elevation of
the lowest floor, stating that the cost of federal flood insurance will be commensurate
with the increased risk resultYng from the reduced floor elevation (up to amounts as high
as $25.00 far $100.00 of insurance coverage), and stating that construction below the
base flood elevation increases risks to life and property.
Section 6. Each and every other section and subsection of Chapter 78. Zoning. shall
remain in full force and effect as previously adopted.
Section 7. All ordinances and parts of ordinances in conflict with these amendments
azse repealed.
Section 8. Should any section or provision of tlus 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 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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I
Section 10. This ordinance shall take effect immediately upon adoption.
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