HomeMy WebLinkAboutHandouts_Planning and Zoning_Tab _06/18/2015 '
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CORBETT, WHITE,
�G� DAVIS AND ASHTON I'.A.
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KEITH W. DAVIS
ATTORNEY AT LAW
Bonrd Certifreci in City, County nnd Lacnl Gove��iui�ei�t Lnw
MEMORANDUM
TO: Chair Strand and Board Members
CC: Nilsa Zacarias
FROM: Village Attorney Davis
DATE: June 5, 2015
RE: Legal Update
In conjunction with my Legal Update to be given at the June 18, 2015 PZAB' Meeting, I am
providing you with the following highlights/builet points, representing the most important and
directly applicable items you each should keep in mind as you serve on the Planning and
Zoning Board:
1. FORM OF GOVERNMENT
a. PZAB is created by the Village Council and is a delegation of authority from the
Village Council. It is established at Chapter 22, of the Village's Code of Ordinances.
b. PZAB members are appointed by and serve at the pleasure of the Village Council.
Members serve three year terms (alternate members serve two year terms).
c. The Board itself selects one member to serve as the board's chair and another to
serve as vice-chair. These appointments occur annually, in May.
d. PZAB jurisdiction is divided into two categories — advisory and final. Advisory
jurisdiction captures major site plan review, and certain sign code review. In
addition, PZAB serves as the Village's Local Planning Agency and makes
recommendations to the Village Council regarding comprehensive plan amendments
and all land development ordinances. PZAB is vested with final authority over minor
site plan reviews and modifications, and certain sign code applications.
e. With very recent action taken by the Village Council, PZAB will now be vested with
final decision-making authority over variance applications on R-1A and R-1
properties, as well as administrative appeals of staff decisions related to such
properties.
f. Due to the increase in final decision-making authority, the board's name is being
changed to "Planning and Zoning Board."
2. SUNSHINE LAW
a. Meetings of PZAB members where official action or discussion about official action
takes place must be open to the public, noticed, and recorded via minutes.
Keitli@CWDA-legnl.co�r� 1111 H�pol�uxo Rond, Si�ite 207
wz�no.CWDA-legnl.com La�itar�a, Floridn 33462
TELEPHONE: (561) 586-7116
FAX: (561) 586-9611
b. PZAB members may not discuss any matter on which foreseeable action will be
taken by the board, except in a public, noticed and recorded Sunshine meeting.
c. Knowing and intentional violation carries criminal penalties.
d. Sunshine law does not apply to Director of Community Development, the Building
Official or Attorney. Thus, any one PZAB member may have private discussions
with these persons at any time.
e. One way communication from one PZAB member to all others (via e-mail or written
memo for example) does not violate Sunshine Law requirements. However, if
interaction/discussion/response ensues, then there would be a violation.
3. PUBLIC RECORDS
a. Any document, regardless of inedium within which it is created, made or received in
connection with Village business, is a public record.
b. Includes e-mail, text messages, and social media messages.
c. If created on your personal e-mail, you are responsible for maintaining the document
pursuant to state records retention guidelines. Avoid text messages and avoid using
social media for Village related matters.
d. Knowing violations carry criminal penalties.
4. QUASI JUDICIAL PROCEEDINGS
a. PZAB site plan reviews, whether advisory or final in nature, as well as review of
variance applications are quasi-judicial in nature. All quasi judicial proceedings
involve the application of codified criteria to an application or request. These matters
are handled at publicly noticed hearings and decisions are to be based on the
evidence received at such hearing.
i. Site plan related criteria are found at Sec. 22-81 — 22-85.
ii. Variance related criteria are found at Sec. 78-65.
b. Conditions of Approval may be imposed on quasi-judicial requests; however, any
condition must be reasonably related to the request being made and must be
proportional to the request being made. Violation of this concept can, under recent
case law, expose the Village to takings claims.
c. LPA hearings are not quasi-judicial. Rather, LPA review is considered legislative
action.
5. G I FTS
a. Any gift from a vendor or lobbyist with annual aggregate value that exceeds $100.00
is prohibited.
b. Otherwise, any gifts valued at $100.00 or more must be reported to the state (with a
copy to the county) quarterly. Gifts from relatives are exempt from this reporting
requirement.
6. VOTING CONFLICTS
a. Any item before PZAB for action that would result in a special personal financial
benefit or loss, or a special financial benefit or loss to family member or spouse, or
principal or business associate. "Special" means that it is a benefit or loss that
exceeds that which the generally affected population would enjoy or suffer.
b. The affected PZAB member must abstain from participation and voting, must
disclose the nature of the conflict, and must complete a voting conflict form which
gets appended to meeting minutes.
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' Second reading of an ordinance that will change PZAB'S name to "Planning and Zoning Board" is
scheduled for June 11, 2015. As of the date of this Memorandum, that ordinance has not formally been
adopted. For that reason, and for the sake of familiarity with the old acronym, I will refer to the Board as
"PZAB" throughout this Memorandum.
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ORDINANCE NO. 7-15
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 22. COMMUNITY
DEVELOPMENT. ARTICLE II, DIVISIONS 2 AND 3, BY PLACING
FINAL AUTHORITY TO HEAR REQUESTS FOR CERTAIN ZONING
VARIANCES AND CERTAIN ADMINISTRATIVE APPEALS WITH THE
PLANNING AND ZONING ADVISORY BOARD, AND CLARIFYING
OTHER DUTIES OF THE BOARD; AND RENAMING THE BOARD TO
BE REFERRED TO AS THE "PLANNING AND ZONING BOARD";
PROVIDING THAT EACH AND EVERY OTHER PROVISION OF
CHAPTER 22. COMMUNITY DEVELOPMENT. SHALL REMAIN IN
FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING
A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
WHEREAS, the Village's zoning board of adjustment is 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 �illage
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, BE 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 A il[7TCl1DV BOARD
Sec. 22-51. - Creation, member qualifications, terms, appointment.
A planning and zoning ��� board is hereby established.
(a) Composition o 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 board membeNS. 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) Te�ms 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) TeNmination/resignation. 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 �� 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 ��a� 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 squaxe
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 zoning districts
as specified at Sec. 78-284.
(c) Pursuant to Chanter 78 Zonin�, Article III Apneals and Variances, hear and decide
anbeals where it is alle�ed there is error in anv order, reauirement. decision or
determination made bv an administrative o fficial in the enforcement of Chanter 78.
Zonin�; or of anv ordinance adonted bursuant thereto, related to sin�le-familv
pronerties and structures located within the R-lA and R-1 sin�le-familv dwellin�
districts of the villa�e.
(d) Pursuant to Chapter 78 Zonin�, Article III Abbeals and Variances, authorize unon
annlication in snecific cases such variance from the terms of Chabter 78. Zonin�, as
will not be contrarv to the bublic interest, where, owin� to sbecial conditions, a literal
enforcement of the nrovisions of that chabter will result in unnecessarv hardshin
related to sin�le-familv proberties and structures located within the R-lA and R-1
sin�le-familv dwellin� districts of the v_illa�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.
( fl The planning and zoning ��s�e� board may adopt such rules and procedures as are
necessary to perform its duties.
Sec. 22-54. - Powers and duties as official tree board of the village.
In addition to the functions provided puxsuant to the other provisions of this chapter, the
planning and zoning ��ss� 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, historic, native or endangered trees. In making
such a determination, the tree board shall consider, but not be limited to, the
following criteria:
(1) The significance of the tree as a village landmark.
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(2) The significance of the tree due to high value because of its size, age 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 ��� 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 ��� board shall consider the following:
(1) The information submitted by the applicant, including all exhibits, studies or
other information presented or used for review of the application.
(2) A written staff report of the department of community development or any
other appropriate governmental agency regarding the ability of the application to meet the
standards and regulations affecting the application; the ability of the proposed
development to meet level of service standards adopted in the Village of Tequesta
Comprehensive Development Plan; the application's impact on the general public's
health, safety and welfare; as well as, any other items that are considered appropriate by
the department of community development.
(3) Comments, if any, from the applicant, staff or the public.
(b) Final authority Ne�a�din� certain site plan matte�s. The planning and zoning ���se�3�
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 ��se� board shall
consider the following:
(1) The information submitted by the applicant, including all e�ibits, 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
Page5ofl3
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 �e�ardin� abpeals and variances. The blannin� and zonin� board shall
have final authoritv as brovided in Chanter 78 Article III. An order anbrovin�, abnrovin� with
conditions, or denvin� such a�beals or variance abblications shall be rendered bv the chair as
soon as bractical. Prior to takin� anv final action on a variance reauest, the blannin� and
zonin� board shall consider the criteria set forth in Chabter 78 Article III.
(d s) 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 ZinZit for application for building peNmit. A building permit must be issued within
one year of the date of the planning and zoning ��Se� board approval for all site plan
related abprovals or the approval shall be nullified, unless such time period is extended for one
more year only by the planning and zoning ��i�e�� board upon written request of the
applicant, submitted to the village, prior to expiration of the approval. Anv variance eranted
b the nlannin� and zonin� board shall exnire within six months from the date of �rant. unless
a buildin� nermit based unon and incoraoratin� the variance is issued within the six-month
eriod and construction has be�un thereunder, or unless an extension is �ranted nursuant to
Sec. 78-68.
Sec. 22-56. - Meetings; records.
Meetings of the planning and zoning ��y� 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 ��3� 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 ��� 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 surroundings 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 constNUCtion 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.
P�opeN 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.
Space means urban or external space, and is defined by the building and the others around
it. All objects—bridges, fountains, groups of trees, walls, and in particular, the facades of
buildings—are brought into play in the creation of urban space.
Sec. 22-82. - General requirements relative to site nlan review.
The planning and zoning ��� board shall review, and recommend final action to the
village council or take final action itself, pursuant to section 22-53(al and (bl, "�
���"°^° �°r°�°r. In makin� such review, the nlannin� and zonin� board shall at�nlv 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-lA and R-1. It is
required that site development, buildings or alterations, with the sole exception of districts R-lA
and R-1, show proper design concept, express honest design construction and be appropriate to
the surroundings.
(1) Harmony with othe� 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) HaNynony with suNroundings. Buildings or structures located along strips of land or
on single sites and not a part of a unified multibuilding complex shall strive to
achieve visual harmony with the surroundings. If they are built in undeveloped
areas, the three primary requirements shall be met: express honest design
construction, show proper design concepts, and be appropriate to the village.
(3) Facades. All facades visible to public or adjacent property shall be designed to
create a harmonious whole. Materials shall express their function clearly and not
appear as a material foreign to the rest of the building.
Page 8 of 13
(4) Methods of harrnonious design. It is not to be inferred that buildings must look alike
or be of the same style to be harmonious. Harmony can be achieved through the
proper consideration of proportions, site planning, landscaping, materials and color.
(5) Advertisements on buildings. Buildings which are of symbolic design for reasons of
advertising and are not compatible to the atmosphere of the village 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) ExterioN 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) InappNOpriate 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) Ga�ish 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) Exte�ior foNms. 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 snachines, and ,f'acilities dispensing meNChandise or
se�vices. All telephones on private property, vending machines, or any facility
Page 9 of 13
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) AdveNtisements on amenities. No advertising will be allowed on any exposed
amenity or facility such as benches and trash containers.
(13) Use of symbolic colors; exte�ioN storage and display of fnerchandise. 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, like 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 anly 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.
Page 10 of 13
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 natu�al 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 similar fixtures. Landscaping includes not only trees and
plantings, but paving, benches, fountains, exterior lighting fixtures, fences, and any
other item of exterior furniture. All items of the landscape are to be selected not only
for their functional value but for their aesthetic value, and must complement the
whole. Placement of any such items within the village's right-of-way is prohibited.
(3) Sc�eening. 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�on� othe� areas. 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 frozn 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) Florida friendly landscaping. All landscaping shall comply with the "Florida
Friendly" requirements set forth in chapter 78, article ix, division 4.
Sec. 22-85. - Parking lots.
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(a) GeneNal standaNds. 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) Screening. Parking lots and their parked automobiles are to be effectively screened from
the public view and from adjacent property in a manner that is attractive and compatible
with safety, the neighborhood, and facilities served.
(c) Landscaping. Parking lot landscaping shall comply with the requirements of chapter 78,
article IX, division 4. Trees are of primary importance in the landscape. They are not to
be minimized in height or in quantity. The tree imparts, especially in a relatively flat 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.
Page 12 of 13
♦
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 immediately upon adoption.
Page 13 of 13
A
1
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:
Page 1 of 3
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 nlannin� and zoning board °� ��'��•�+�°„+ of the village in accordance
with the procedures set forth in this section.
(b) In nrder to authorize any variance from the terms of this chapter, the plannin� and zonin�
board 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.
Page 2 of 3
; 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 immediately upon adoption.
Page 3 of 3
ORDINANCE NO. 9-15
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE 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 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. 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, 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 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 l. 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
amending the definition of "variance" to substitute reference to the board of adjustmenf with
reference to the planning and zoning board; providing that this section shall hereafter read as
follows:
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 the 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; all words in
the singular number include the plural and the plural the singular. The word "building" includes
the word "structure." The word "shall" is mandatory. The word "person" includes a firm,
corporation or municipal corporation as well as a natural person. The word "map" shall 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" shall be deemed to include the words
"arranged, designed or intended to be occupied." Any word or term not interpreted or defined by
this section shall be used with a meaning of common or standard utilization.
��
Variance means a variation from the district requirements of this chapter which is granted by the
Plannin� and Zonin�_ Board or the Villa�e Council, as abblicable �^N;N�'���r�' ^� ��';
where such variance will not be contrary to the public interest and where, owing to conditions
peculiar 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 are hereby amended to substitute reference to the board of
adjustment with reference to the planning and zoning board; providing that these sections shall
hereafter read as follows:
ARTICLE III. - APPEALS AND VARIANCES
Sec. 78-61. - Generally.
Page 2 of 19
Appeals and variances described in this article shall be considered by either the plannin� and
zo� board ^� ��'�•�°*�°N* or the village council. The blannin� and zonin� board ^� °�';
shall 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
blannin� and zonin� board ^� ^�';,,°+�°�+, including properties within the R-lA and R-1 single-
family dwelling districts which are not single-family, and structures and properties in all other
zoning districts in the village, and appeals and variances relating to subdivisions in any zoning
district.
Sec. 78-62. — Reserved ; ; .
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Page 3 of 19
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Sec. 78-63. - Appeal procedure.
(a) Appeals to the nlannin� and zonin� board ���-�kj'=�t��xxi or the village council, as
appropriate, may be taken by an applicant aggrieved by administrative action of the
village manager, or the community development director ^r *'�°'����'�'��^� ������', or their
designees, relating to the powers and duties of the blannin� and zonin� board�€
��jt��e� or the village council under this article ��, as appropriate. For purposes
of this section, the preparation or submittal of a staff report or its equivalent shall not be
considered administrative action subject to appellate review. Such appeal shall be 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 whom the
appeal is taken shall forthwith transmit to the village clerk all of the papers constituting
the record upon which the action was taken.
(b) The blannin� and zonin� board or the village council, as appropriate, shall 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
may appear in person, by agent or by attorney.
(c) The owner of the property for which the appeal is sought or the agent or attorney
designated by the owner on the submitted notice of appeal 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 nlannin� and zonin� board ^� ^�'���°*m°r* or the
village council, as appropriate, after the notice of appeal shall have been filed with him, that, by
Page 4 of 19
reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life
and property. In such case, proceedings shall 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 duties of nlannin� and zonin� board and village
council; public notice.
(a) The nlannin� and zonin� board��t-��� 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 determination made by an administrative official in the enforcement of this
chapter or of any ordinance adopted pursuant thereto.
(2) Authorize upon application in specific cases such variance from the terms of this chapter
as will not be contrary to the public interest, where, owing to special conditions, a 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
blannin� and zonin� board or vil� 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. Granting the variance requested will not confer on the applicant any special privilege that
is denied by this chapter to other lands, buildings or structures in the same zoning district.
d. Literal interpretation of the provisions of this chapter would deprive the applicant of
rights commonly enjoyed by other properties in the same zoning district under the terms
of this chapter and would work unnecessary and undue hardship on the applicant.
e. The 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 area involved or otherwise
detrimental to the public welfare.
Page5of19
(b) In granting any variance, the nlannin� and zonin� board ^� °������m° 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, shall be
deemed a violation of this chapter. 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 article, neither
the nlannin� and zonin� board �� ��'����+�°„* nor the village council shall exercise
authority or jurisdiction over matters which are specifically reserved to other officers,
boards or agencies of the village. Where site plan review is necessitated pursuant to the
provisions of this chapter, no decision of the blannin� and zonin� board �� ��'��•°+m°r+ or
the village council with respect to a variance, or other matter, pertaining to the property
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� and zonin� board
^� ��; or the village council, no building permit shall be issued regardless of any
decision of the blannin� and zonin� board or village council until the requirements of
such laws and ordinances have been met.
(d) Under no circumstances shall the nlannin� and zonin� board �� ��'����*�°„* or the village
council grant a variance to permit a use not generally or by special exception permitted in
the zoning district involved or any use expressly or by 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 blannin� and zonin� board ���t-x3�i shall be
advertised a minimum of ten days in advance of the public hearing in a newspaper of
general circulation in the area.
Sec. 78-66. - Decisions; required vote; resubmission after denial.
Page6of19
In exercising the powers mentioned in section 78-65, the nlannin� and zonin� 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 detertnination
appealed from and may make such order, requirement, decision or determination as ought to be
made, and to that end shall have all the powers of the officer from whom the appeal is taken. The
concurring vote of three members of the blannin� and zonin� board �� ��'����+m°N+ 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 chapter. Any request denied
by the blannin� and zonin� board �� ��'���°+�°N* or the village council shall not be resubmitted
for a period of 90 days after the date of denial.
Sec. 78-67. - Appeal to circuit court.
Any person or persons aggrieved by any decision of the blannin� and zonin� board �� ��'����+�°„+
or the village council under this article, may appeal such decision to the circuit court in
accordance with state law.
Sec. 78-68. - Time limitation on variances.
The blannin� and zonin� board �� �a���°+m°r+ or the village council may prescribe a reasonable
time limit within which the action for which the variance is required shall be begun or completed
or both. However, if no time limit is specified by the nlannin� and zonin� board ^� ��'���°*m° or
the village council, then the variance shall expire within six months from the date of grant, unless
a building permit based upon and incorporating the variance is issued within the six-month
period and construction has begun thereunder. The nlannin� and zonin� board �� ��'���°*m°�+ or
the village council as abplicable may grant one six month extension to any variance time limit
upon written request of the applicant, made prior to the expiration of the original time limit.
Sec. 78-69. - Filing fee.
(a) Upon filing an application with the blannin� and zonin� board �� ��'���°�m° 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 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,
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 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.
(b) The villa�e mana�er or desi�nee '����'�'�„� ������' may waive the filing fee when the
applicant seeks a variance to replace an existing screened swimming pool enclosure with
a new screened swimming pool enclosure having the same dimensions but a greater
height than the existing screened swimming pool enclosure. •
Secs. 78-70-78-90. - Reserved.
Section 3. Chapter 78, Article IX, Division 1, Sections 78-299 through 78-301. of the
Code of Ordinances of the Village of Tequesta are hereby amended to substitute reference to the
board of adjustment with reference to the planning and zoning board; providing that these
sections shall hereafter read as follows:
ARTICLE IX. - SUPPLEMENTAL REGULATIONS
DIVISION 1. - GENERALLY
Sec. 78-299. - Location and screening of emergency generators, air conditioners, pool
equipment and similar mechanical equipment.
(a) Intent. The purpose and intent of this section is to provide regulations for the location and
screening of emergency generators, air conditioning equipment, pool equipment and
similar mechanical equipment for the enhancement of community amenities of beauty
and visual interest and to protect public health, safety and welfare by promoting noise
control. This section does not apply to roof top mounted equipment.
(b) Applicability. The regulations provided by this section shall apply within all residential
zoning districts within the village, including the residential portions of the mixed use
zoning district, on properties having or using emergency generators, air conditioners,
pool equipment or similar mechanical equipment. Portable generators axe not subject to
the provisions of this section.
(c) Regulations.
Page 8 of 19
(1) Emergency generators, air conditioning equipment, pool equipment and similar
mechanical equipment shall not be located in any front yard area or any closer than five
feet from any 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 constructed in conformity with material
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 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 exceed five feet high. The
height of the equipment may 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 nlannin� and zonin� board °� �a����+m° 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
screenirig 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 shall apply within all zoning
districts within the village on properties having or using dumpsters for their sanitation
Page 9 of 19
service. Temporary dumpsters, such as those which are placed on job sites during
construction activity, are not subject to the provisions of this section.
(c) Regulations.
(1) All dumpsters in the village shall be located on the property serviced so as to be
reasonably accessible for trash collection by the sanitation 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 obtained by an approved opening. The sufficiency of the access of
the dumpster shall meet the concurrence of the village and the franchised sanitation
company.
(4) Screening shall be opaque in nature and be constructed in conformity with material
approved by the Florida Building Code. A permit must be obtained from the village
building official prior to the commencement of construction.
(5) The screening of the dumpsters shall be of a material that blends in with the architecture
� of the building, when possible. All screening must be a minimum of four feet high. The
height of the dumpster may not protrude above the screening.
(6) All dumpsters must be placed on a hard surface, the minimum dimensions of which shall
be adequate for the size of the dumpster located there. Inadequate or nondurable pads
shall be the responsibility of the property owner to repair or replace as needed.
(7) If the property owner elects to place gates on the screened 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 all existing and future development within the
village. In the case of new development, the location of these dumpsters shall be shown
on the approved site plan.
(9) All existing nonconforming dumpsters in the village 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 staff concerning these matters may be
implemented by the appeal process to the blannin� 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. 78-301. - 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 accordance with any
specific requirements of the county solid waste authority, the village's franchise recycling
service provider and these requirements and/or standards as set forth in this section.
(2) Location. Recyclable material collection and 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
shall be as required for accessory buildings or structures as set forth in the zoning district
schedule of site regulations in section 78-143
(5) Screening. All recyclable material collection and storage areas shall be properly screened
from view by a solid opaque enclosure constructed of brick, concrete, concrete block and
stucco, or other 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 franchise service provider. All exterior
sides of 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
Page 11 of 19
type of plant material shall 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 materials anticipated to be generated by the
multifamily development.
(7) Alternative compliance. Applicants shall be entitled to demonstrate 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 storage and collection plan meeting the
express collection and storage area requirements and standards of this section.
(8) Review of plans. Recyclable material collection and storage area plans shall be reviewed
by the village as part of the site plan review process as set forth at article IX, division 2 of
this chapter.
(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 material storage structure meeting the requirements of this
section and, additionally, in accordance with the following standards:
a. Number of parking spaces to be converted. The number of existing off-street parking
spaces converted shall not exceed the minimum number of collection and storage areas
necessary to properly meet the anticipated recycling needs of the multifamily
development.
b. Automatic waiver. The conversion of existing off-street parking spaces to accommodate
recyclable material collection and storage areas pursuant to the requirements and
standards of this section shall be permitted by right, without resort to the �lannin� and
zo� board ^� �a•
(10) Exemptions. Multifamily developments in existence at the date of the adoption of
the ordinance from which this section is derived that receive curbside recyclable
Page 12 of 19
materials 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
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:
ARTICLE IX. - SUPPLEMENTAL REGULATIONS
DIVISION 2. - SITE PLAN REVIEW
Sec. 78-334. - Application and review process.
Applications for site plan review shall 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 documents from the applicant, 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, police and fire department
representatives, and engineering, traffic and landscaping consultants, as well as other
department representatives or consultants as determined by the community development
director or designee, and as listed at section 78-331(g) shall review the submitted site
plan, and plans and requirements pertinent to the site plan, to ensure compliance with the
applicable site regulations, use regulations, 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 plan review
shall be stayed until such variance is resolved or appropriate application is made to the
nlannin� and zonin� board °� °������m°�+ 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 shall be
submitted by the community development director or designee to the planning and zoning
advisory board for further review in accordance with this section. The community
development director or designee shall submit such application for planning and zoning
advisory board 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 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 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 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
recommendations to the village council, or take final action pursuant to section 22-53(b),
regarding 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 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.
(d) Review by village council. Upon receipt of all required plans, exhibits and support
documents from the community development director, including but not limited to seven
copies 11 X 17 sized, three copies full sized, and one copy in a digital format as specified
by the village of the documents required by section 78-333 and any other exhibits
deemed appropriate by the development review committee the village council shall hold a
public hearing to review, consider and act upon the application. Notice of public hearing
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shall be advertised a minimum of ten days in advance of the public hearing in a
newspaper of general circulation in the area. The owner of the property for which site
plan review is sought or his agent or attorney designated by him on the submitted
application 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 permit.
(� Approval granted with conditions. When certain 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 part of the approved site plan. Conditions of approval shall 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, acceptable to the village attorney.
(h) Time limit for application for building permit. A building permit must be issued within
one year of the date 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 shall set forth time within which application for building permit on each 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 all administrative costs incurred by the village in the site
plan review process, the applicant shall, 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 office.
(2) Additional costs. To cover any additional costs including, but not limited to advertising
costs, engineering fees, consulting fees, attorneys' fees and special studies, which are not
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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 final.
Section 5. Chapter 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 Village of Tequesta are
hereby amended to specify that the building board of adjustment handles requests for variances
from the village's floodplain ordinance; providing that these sections shall hereafter read as
follows:
ARTICLE XII. - FLOOD DAMAGE PREVENTION
SUBDIVISION 7. - VARIANCES AND APPEALS.
Sec. 78-811. - General.
Pursuant to F.S. § 553.73(5), the bui� board of adjustment shall hear and decide on requests
for appeals and requests for variances from the strict application 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, Building.
Sec. 78-812. - Appeals.
The bui� 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
buildin board of adjustment may appeal such decision to the circuit court, as provided by
Florida Statutes.
Sec. 78-813. - Limitations on authority to grant variances.
The buil�din board of adjustment shall base its decisions on variances on technical justifications
submitted by applicants, the considerations for issuance in section 78-817 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 buildin 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 shall be related to the variance and shall be
rou�hlv brobortional to the anticinated imbacts of the variance.
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Sec. 78-817. - Considerations for issuance of variances.
In reviewing requests for variances, the buildin 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 be swept onto other lands resulting in further
injury or damage;
(2) The danger to life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed development, including contents, to flood damage 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 flooding 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, rate 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 repair 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 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) Determination by the buildin boarcl 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 threats to
public safety, extraordinary public expense, nor create nuisances, 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 granted, shall be
recorded in the office of the clerk of the court in such a manner that 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 administrator to the applicant for the variance,
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 resulting from the reduced floor elevation (up to amounts as high
as $25.00 for $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
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 shall not affect the validity of the remainder of this ordinance.
Section 9. Specific authority is granted to codify and incorporate this ordinance into
the existing Code of Ordinances, Village of Tequesta, Florida.
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Section 10. This ordinance shall take effect immediately upon adoption.
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