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HomeMy WebLinkAbout2007-16 Code Amendment Similar Uses• ORDINANCE 2007-16 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE II, "GENERALLY," OF APPENDIX C, "ZONING," OF THE VILLAGE CODE OF ORDINANCES TO CREATE A NEW SECTION 45-16.1 AND ESTABLISH A PROCEDURE FOR THE APPROVAL OF SIMILAR USES THROUGH THE ISSUANCE OF A SPECIAL PERMIT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council recognizes that it cannot list or anticipate all appropriate uses for a particular zoning district and wishes to provide for a procedure whereby Village Administration can evaluate and authorize uses similar to those uses specifically enumerated within the Village's zoning regulations and establish such uses through the issuance of a special permit; and WHEREAS, having considered the recommendation of the Planning Commission, the Village Council determines that adoption of this ordinance benefits the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified and incorporated herein. Section 2. The Village Council hereby amends Article II, "Generally," of Appendix C, "Zoning," of the Village Code of Ordinances by enacting a new Section 45-16.1 to read as follows (additional language is underlined): Sec. 45-16.1. Similar Uses. (a) A use within a commercial zoning district not specifically listed as a permitted use. but possessing characteristics similar to a permitted use. may be established upon written application to the community development director for a special use permit. (b) In evaluating an application for a special use permit for the establishment of a similar use, the community development director shall, in consultation with other village departments. consider the characteristics of the proposed use, including, but not limited to. size. intensity, density, operating hours. demands for public facilities. traffic impacts and business practices. to Upon review and evaluation of the application, the community development director shall present his or her recommendation to the village council for final consideration on the next available council agenda. (d) The village council shall conduct a public hearing on the application for special use permit and determine whether the application meets the criteria set forth in subsection (b) above. The village council shall grant or deny_ the application by written order. • • • Lel In granting a special use permit. the village council may impose conditions necessary to ensure that the proposed use: w is compatible with the existing or planned character of the neighborhood in which it would be located: 12.1 will not have an adverse impact upon adiacent properties: and a) will not interfere with the use of adiacent properties. Such conditions may include restrictions on the size and operating hours of the Proposed use. fa If the conditions imposed by the special use permit are not met. the community development director may revoke the permit. A permit holder may appeal the revocation of a special use permit by filing an appeal, in writing. to the Zoning Board ofAdiustment within thirty (30) days ofreceint ofwritten notice ofrevocation. Section 3. The provisions of this Ordinance shall become and be made a part of the Code of the Village of North Palm Beach. Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of this Ordinance. Section 5. All Ordinances or parts of Ordinances or resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 6. This Ordinance shall take effect immediately upon adoption. PLACED ON FIRST READING THIS 25th DAY OF OCTOBER. 2007 PLACED ON SECOND, FINAL READING AND PASSED VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VILLAGE ATTORNEY_—' S 7th DAY OF NOVEMBER, 2007. r �Oyk21' MAYOR 4