Loading...
HomeMy WebLinkAbout2020-06 Code Amendment - Commercial Land Development RegulationsORDINANCE NO. 2020-06 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE VILLAGE'S LAND DEVELOPMENT REGULATIONS; AMENDING CHAPTER 6, "BUILDINGS AND BUILDING REGULATIONS," TO ALLOW ENCROACHMENTS IN EASEMENTS UNDER SPECIFIED CIRCUMSTANCES, MODIFY THE PROCEDURES APPLICABLE TO APPEARANCE REVIEW AND ADOPT A SITE PLAN AND APPEARANCE REVIEW PROCEDURE; AMENDING CHAPTER 17, "LICENSES AND BUSINESS REGULATIONS," TO ALLOW HOME OCCUPATIONS WITHIN SPECIFIED COMMERCIAL DISTRICTS; AMENDING CHAPTER 19, "OFFENSES AND MISCELLANEOUS PROVISIONS," TO REFERENCE MIXED USE ZONING WITHIN THE NOISE REGULATIONS; AMENDING CHAPTER 21, "PLANNING AND DEVELOPMENT," TO PROVIDE PUBLIC NOTICE FOR WAIVERS AND MODIFY PROCEDURAL REQUIREMENTS; AMENDING CHAPTER 27, "TREES AND SHRUBBERY," TO DELETE ARTICLE III, "LANDSCAPING;" AMENDING APPENDIX A, "APPEARANCE PLAN," TO RECOGNIZE CHANGES TO DISTRICT REGULATIONS, ENCOURAGE SPECIFIC ARCHITECTURAL STYLES AND MODIFY THE CRITERIA; AMENDING APPENDIX B (CHAPTER 36), "SUBDIVISIONS," TO REMOVE CONFLICTS WITH NEW ZONING REGULATIONS; AMENDING APPENDIX C (CHAPTER 45), "ZONING," BY: AMENDING ARTICLE I, "IN GENERAL," TO MODIFY THE DEFINITIONS AND CONFLICT PROVISIONS; AMENDING ARTICLE II, "GENERALLY," TO IDENTIFY CHANGES TO THE NAMES OF CERTAIN ZONING DISTRICTS AND THE ELIMINATION OF OTHERS AND MODIFY THE SIMILAR USE AND SPECIAL EXCEPTION PROCEDURES; AMENDING ARTICLE III, "DISTRICT REGULATIONS," BY AMENDING SECTION 45-31 TO CHANGE THE NAME OF THE C -A COMMERCIAL DISTRICT TO THE C -MU US -1 MIXED USE DISTRICT, MODIFY THE REGULATIONS INCLUDING PERMITTED AND SPECIAL EXCEPTION USES AND APPLY SUCH REGULATIONS TO ALL PROPERTIES CURRENTLY ZONED C -A; DELETING SECTION 45-31.1 TO ELIMINATE THE C -B COMMERCIAL DISTRICT; DELETING SECTION 45- 32 TO ELIMINATE THE C -IA LIMITED COMMERCIAL DISTRICT; AMENDING SECTION 45-32.1 TO CHANGE THE NAME OF THE C -C TRANSITIONAL COMMERCIAL DISTRICT TO THE C -T TRANSITIONAL COMMERCIAL DISTRICT, MODIFY THE REGULATIONS INCLUDING PERMITTED USES AND APPLY SUCH REGULATIONS TO ALL PROPERTIES CURRENTLY ZONED C -C; AMENDING SECTION 45-33 TO CHANGE THE NAME OF THE C-1 NEIGHBORHOOD COMMERCIAL DISTRICT TO THE C -S SHOPPING DISTRICT, MODIFY THE REGULATIONS INCLUDING PERMITTED AND SPECIAL EXCEPTION USES, AND APPLY SUCH REGULATIONS TO ALL PROPERTIES CURRENTLY ZONED C-1; AMENDING SECTION 45-34 TO CHANGE THE NAME OF THE COMMERCIAL DISTRICT TO THE C -G GENERAL COMMERCIAL DISTRICT, MODIFY THE REGULATIONS AND APPLY SUCH REGULATIONS TO ALL PROPERTIES CURRENTLY ZONED Page 1 of 44 COMMERCIAL; AMENDING SECTION 45-35.1 TO MODIFY THE REGULATIONS APPLICABLE TO PLANNED UNIT DEVELOPMENTS; AMENDING SECTION 45-35.2 TO RENAME THE C -OS CONSERVATION AND OPEN SPACE DISTRICT TO THE OS CONSERVATION AND OPEN SPACE DISTRICT; AMENDING SECTION 45-35.3 TO ELIMINATE THE NORTHLAKE BOULEVARD OVERLAY ZONING DISTRICT AND CREATE A NEW C -NB NORTHLAKE BOULEVARD COMMERCIAL DISTRICT AND MODIFY THE REGULATIONS INCLUDING PERMITTED AND SPECIAL EXCEPTION USES; AMENDING SECTION 45-36 TO REVISE THE OFF- STREET PARKING REGULATIONS, THE HEIGHT REGULATIONS AND THE OUTDOOR SEATING REGULATIONS; AMENDING SECTION 45-38 TO MODIFY THE I-1 LIGHT INDUSTRIAL ZONING REGULATIONS RELATING TO OUTDOOR RUNS AND DOG EXERCISE AREAS; RENAMING ARTICLE VI, "AMENDMENTS—FEES; WAITING PERIODS," TO "REZONINGS; VARIANCES; WAIVERS," AND MODIFYING THE REGULATIONS APPLICABLE TO REZONINGS AND VARIANCES AND ADOPTING NEW REGULATIONS FOR WAIVERS WITHIN THE C -MU AND C -NB ZONING DISTRICTS; AMENDING ARTICLE VII, "NON- CONFORMING USES OF LAND AND STRUCTURES," TO ALLOW THE EXTENSION AND ENLARGEMENT OF NON -CONFORMING USES AND STRUCTURES UNDER SPECIFIED CIRCUMSTANCES; AND ADOPTING A NEW ARTICLE VIII, "LANDSCAPING," TO MODIFY AND UPDATE THE CURRENT LANDSCAPING REQUIREMENTS FOR MULTI -FAMILY, MIXED USE, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS; UPDATING CROSS-REFERENCES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, in August 2015, the Village contracted with the Treasure Coast Regional Planning Council ("TCRPC") to develop a master plan for future infill development and redevelopment within its corporate limits, as well as a community-based vision for economic growth; and WHEREAS, from January 30, 2016 through February 5, 2016, TCRPC conducted a week-long economic development and urban design charrette to assist the Village in accomplishing its goals; and WHEREAS, working with members of the public and other interested parties, TCRPC created its report, and through the adoption of Resolution No. 2016-73 on October 27, 2016, the Village Council formally adopted "The Village of North Palm Beach Citizens' Master Plan Report dated October 20, 2016" prepared by the TCRPC, including the recommendations contained therein, as setting forth the guiding principles for future development and redevelopment within the Village; and WHEREAS, one of the Master Plan's key recommendations is to develop a form -based code for the Village's commercial corridors, and the Village retained the firm of Dover, Kohl & Partners, and its consultant, Spikowski Planning Associates, to develop the form -based code for the Village's commercial zoning districts and WHEREAS, the Village Council wishes to amend its land development regulations to adopt the form -based code prepared by the Village's consultants, in addition to certain other revisions recommended by Village residents, Village Staff, and the Village's advisory boards; and Page 2 of 44 WHEREAS, on July 7, 2020, the Planning Commission, sitting as the Local Planning Agency, conducted a public hearing to review this Ordinance and provide a recommendation to the Village Council; and WHEREAS, having considered the recommendation of the Planning Commission and conducted all required advertised public hearings, the Village Council determines that the adoption of this Ordinance is in the interests of the health, safety and welfare of the residents and citizens of the Village of North Palm Beach. 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 as true and correct and are incorporated herein. Section 2. The Village Council hereby amends Chapter 6, "Buildings and Building Regulations," of the Village Code of Ordinances to read as follows (additional language is underlined and deleted language is str-i ke t4 ff,,,,gh : ARTICLE I. IN GENERAL. Sec. 6-1. Construction on public land prohibited. It shall be unlawful for any person to erect or maintain, or to permit the erection or maintenance of any structure of any kind, including a wall upon, across, over or under any portion of any publicly dedicated utility or drainage easement area in the village unless the person has received the written approval of and/or executed encroachment agreements with all easement holders and received approval from the village. This prohibition does not apply to sidewalks or paths of M kind that are lawfully_ placed under overhead wires. ARTICLE III. APPEARANCE CODE. DIVISION 1. GENERALLY. Sec. 6-30. Short title. This article, including any regulation hereafter adopted, shall hereafter be known, cited and referred to as the "Appearance Code." Sec. 6-31. Definition. The term "external architectural feature" is defined to mean the architectural style, color and general arrangement of such portion of a building or structures including signs and accessory structures, as is designed to be open to view from a public street, place or way, or from adjoining premises. Page 3 of 44 Sec. 6-32. Intent and purposes. This appearance code is adopted for the following purposes: (1) To promote the public health, safety, morals, comfort and general welfare of the citizens of the village. (2) To enhance the values of property throughout the village. (3) To protect and to stabilize the general appearance of public and private buildings, structures, landscaping., and open areas, in the multiple dw��o��e1:e and p blie wing distriets_o of village. (4) To ensure insufe adequate light, air and privacy for property in the village. (5) To eneoufage aiid promote acceptability, attractiveness, cohesiveness and compatibility of new buildings, developments, remodeling and additions so as to maintain and improve the established standards of plrope fty values within for multiple -dwelling, commercial, mixed- use, and industrial buildings. and publie Zofitflg dist- iets of the villa . Sec. 6-33. Appearance plan. The village hereby adopts by reference thereto the appearance plan attached as exhibit A to Ordinance No. 3-72 of the village. The appearance plan is set forth at length in Appendix A of this Code. The appearance plan will be applied through the site plan and appearance review process described in this chapter. Sec. 6-34. Reserved. Sec. 6-35. Appeals and review. The applicant or any interested party may file an appeal to the village council on any final ruling by the planning commission made pursuant to this article. An appeal shall be on forms provided by the village. The appeal shall be filed or made within ten (10) days after the decision of the planning commission. Appeals shall set forth the alleged inconsistency or nonconformity with procedures or criteria set forth in this article or standards set forth in or pursuant to this article. Appeals filed pursuant to this section shall be based solely on the record of the proceedings before the planning commission and the village council shall not conduct_a de novo review. The village council shall decide an appeal within forty-five (45) days of the filing of such appeal unless an extension of time is consented to by the applicant, and such filing shall suspend any building permit issued pursuant to the ruling of the planning commission until the village council has decided the appeal. The village council may review any decision of the planning commission issued pursuant to this article and them council's disposition of the matter shall be final. Page 4 of 44 Sec. 6-36. Powers and duties of planning commission concerning the appearance code. The planning commission shall have the following powers and duties: (1) To hold public hearings on and make recommendations for amendments to the appearance plan. (2) To consult with and cooperate with the planning and u zo-ni g l„ au �;r^ry z v l.vl beard, the eauti-f eatienemmttee other committees and village departments, and any other municipal or governmental bodies., on matters affecting the appearance of the village. (3) To study exterior design drawings, landscape and site plans and materials for any proposed public buildings, public works., or other public improvements and to make recommendations to the council or village manager as to the architectural or aesthetic aspects thereof. (4) To study and review preliminary and final plats and make beafd and the - AHN recommendations to the f,�,NlT ,(� zoning ad l;sor�7 village council. (5) To hold site plan and appearance review hearings, when required, oil he , eenneetien with —questions pertaining to Cpplieati_ns fit buil i-t, permits and to issue or deny site plan and appearance approval for multible-dwelling, commercial, mixed-use, and industrial _. buildings such nos ifieates pursuant to the provisions of this division and the appearance plan in Appendix A of this code. sueh seetien 6 : DIVISION 3. SITE PLAN AND APPEARANCE REVIEW CERTIFICATE OF APPROPRIATENESS Sec. 6-56. Application requirements. . Applications for site plan and/or appearance review must include sufficient information to demonstrate compliance with all village requirements. Plans must be professionally prepared and drawn to scale with accurate dimensions, and must include the following unless waived by the community development director: The application must be signed by the landowner or must include a statement signed by an agent, under oath, indicating authorization by the owner(s) to secure site plan and appearance approval. A boundary sketch including the total area, dimensions, and legal description for the property. The community development director may Page 5 of 44 require a survey if deemed necessary to facilitate review of the qpplication. A site plan showingL all proposed improvements, including not limited to, existing and proposed parking spaces, access aisles, driveways, and access points to external streets or adjoining properties. The plan shall show the existing structures and all proposed development, with sufficient detail as to the size and appearance of all structures and improvements to indicate compliance with all village requirements and regulations, includingthe he appearance plan. The plans shall also show all structures within two hundred (200) feet of the property. Conceptual civil plans showing_ proposed changes affectingd_ rainage and utilities. Final civil plans shall be provided during the permitting process. Elevations or renderings of proposed structures and landscaping as required by the community development department. Landscape plans that comply with section 45-86. Photometric plans as required by the community development department. Written narrative explaining the proposed development and its consistency with the village appearance plan, village code, and village comprehensive plan. Other relevant information as requested by the community development department. Page 6 of 44 I WIN 101110A.' will - - -- -- -- -- m1w - I 111@ oil Y . . I I I . . 01101 . . I . • . I . • I I - I MIN I 'll... S. W. - I . - • . . I - . . - I .. - . - • I . . . • -A 15.1 . - Page 6 of 44 Sec. 6-57. Final Site Plan and Appearance Hearings. Upon filing of an complete application for site plan and appearance approval building pe emit for a multifamily., of commercial, mixed-use, or industrial building or structure, the community development department shall schedule the application for a hearing before the planning commission. The faet that an .win heat;„n, for- eeAifieate of teness has been filed shall not be eaese for the eemmunity depaftment to delay the review of plans r -elating to the building and aspeets ofthe pfejeet, -while the applioation is pending. The planning commission shall establish regularly scheduled mepAhly meetings at which to review all site plan and appearance applications. z Asea tions sha4be submitted at meetings.least fotR4een (14) days prior- to the sehedi-iled monthly meetings, or as Othef deter -mined by the eommunity development dir-eeter, in order- to be eensidere monthly meeting, w-hieh shall be submitted to all members of the planning eenmnission at least five (5) days prior- to the seheduled monthly The community development department shall fid notify each applicant of the date and time of a hearing on h�s the application, in Nwiting, w-hiElnotiee shall be n,-,.,;'o,� ,,, io„s, five (cj ate.,- Y -X fn ol,e 1 ea f n g. If the application includes a request for T4 A- t Ll 11V Wl 111 a special exception (section 45-16.2), variance (section 45-50), or waiver (section 45-51), the hearingL shall be considered a formal public hearing and notice shall be provided in accordance with section 21-3. Upon such hearing, the planning commission shall consider the application for building permi site plan and appearance approval and any related requests for special exceptions, variances, or waivers and may review reeeive additional evidence (such as the exterior renderings) from the applicant or his the applicant's agent or attorney. The planning commission shall consider reports and testimony and from village staff, the applicant, and of other persons as to whether the site plan and external architectural features of the proposed building or structure comply with the appearance plan and meet all applicable village land development regulations. Sec. 6-58. Action of planning commission. Upon consideration of an application, the planning commission shall issue site plan and appearance approval a eerti fie to of appropriateness to the eemm,..Y.n ity VL 1.i 11V W{.V V1 W4./ Vi V V11..4 a.viivuu .ry ..aiv vv deyel ^' "''' ei# de nt upon a finding that the plan conforms to the village appearance plan and other applicable land development regulations. This approval may contain special conditions in response to unusual aspects of the application or to ensure that the approval carries out village policies and codes without undue permitting delays. and that the buildino�� ��etur-e is µA -L A 1. to to, an 1 eempatible with, the eha-raetef of the immediate neighbor -hood a -Rd will not eause -a s„ b sta-P 4 ,aepreeiati ,,, ;n, n . hi4y valtte� If the planning commission determines hi4y Y Wl WVu• that these criteria are not met, the planning commission may sha4 provide such advice, counsel, suggestions and recommendations on matters peftaining aestheties as it may deem necessary to guide the prospective applicant in the development of a plan which would comply with the requirements and purposes of the appearance plan and other village land development regulations. ifpreliminary Page 7 of 44 Sec. 6-59. Approval by planning commission. cats -Of-to less "on No building or other permit; otherwise required under the ordinances of the village; fefthe ereetien, eet n1Tifnt�ilnZLTor publ e zoning dist-fie shall be approved by the community development director except upon the granting of site plan and appearance approval a eerl-i fieate of r.rr.ri rterse s by the planning commission, or on appeal, approval by the village council (see section 6-35). The foregoing requirements shall not preclude the issuance of a building permits without such aqpproval eei4i ^a* -e if the community development director sha44 determine that any of the following apply: The permits are for a single-family dwelling and/or normal accessory buildings or structures on the same lot; or Q The permits are for a village -owned facility; or No external architectural feature as defined in section 6-31 is involved in the work for which the big permit is sought, and the proposed work would be in full compliance with all requirements of this code; or: Any deviations from a valid site plan and appearance approval are minor and not substantial or had been authorized by conditions placed on the site plan and appearance approval. Unless authorized by prior conditions, the following types of deviations may never be considered minor or not substantial: increasing residential density; increasing the horizontal or vertical size of a building; and/or adding land uses that had previously been excluded. The director must document any determination with an explanation of why is was deemed minor or had been authorized. The director must forward this determination to the planning commission, and also to the village council if the site plan and appearance approval had been appealed to or considered by the village council. Sec. 6-60. Follow-up by community development department. Upon the granting of site plan and appearance approval, aeeftifzete—e= appropriateness,the community development director will retain the exterior drawings, sketches, landscape and site plans, renderings and materials upon which such approval eert f' eat- was granted shall be tufned ever—to—the development depa-ent whose responsibility it shall to determine, from time to Page 8 of 44 M. W. M.N. "I MVWIMMCMMCP�PMM C111101 MRIMP.W I - . . • - . - . .0.Viggo - - WIMWL'AMWo*W-!gG4MI%MJ%jWAL_X_ Sec. 6-59. Approval by planning commission. cats -Of-to less "on No building or other permit; otherwise required under the ordinances of the village; fefthe ereetien, eet n1Tifnt�ilnZLTor publ e zoning dist-fie shall be approved by the community development director except upon the granting of site plan and appearance approval a eerl-i fieate of r.rr.ri rterse s by the planning commission, or on appeal, approval by the village council (see section 6-35). The foregoing requirements shall not preclude the issuance of a building permits without such aqpproval eei4i ^a* -e if the community development director sha44 determine that any of the following apply: The permits are for a single-family dwelling and/or normal accessory buildings or structures on the same lot; or Q The permits are for a village -owned facility; or No external architectural feature as defined in section 6-31 is involved in the work for which the big permit is sought, and the proposed work would be in full compliance with all requirements of this code; or: Any deviations from a valid site plan and appearance approval are minor and not substantial or had been authorized by conditions placed on the site plan and appearance approval. Unless authorized by prior conditions, the following types of deviations may never be considered minor or not substantial: increasing residential density; increasing the horizontal or vertical size of a building; and/or adding land uses that had previously been excluded. The director must document any determination with an explanation of why is was deemed minor or had been authorized. The director must forward this determination to the planning commission, and also to the village council if the site plan and appearance approval had been appealed to or considered by the village council. Sec. 6-60. Follow-up by community development department. Upon the granting of site plan and appearance approval, aeeftifzete—e= appropriateness,the community development director will retain the exterior drawings, sketches, landscape and site plans, renderings and materials upon which such approval eert f' eat- was granted shall be tufned ever—to—the development depa-ent whose responsibility it shall to determine, from time to Page 8 of 44 time as the project is in progress and finally upon its completion, that there have been no unauthorized deviations from the evidence upon which the granting of the approval eertifieate apprepr4aten was originally based. The community development department shall not issue a certificate of occupancy or final inspection approval for any building or structure where there have been any unauthorized deviations from the site plan and appearance approval. Section 3. The Village Council hereby amends Chapter 17, "Licenses and Miscellaneous Business Regulations," of the Village Code of Ordinances by amending Article I to read as follows (additional language is underlined and deleted language is strie a +4^ug ): ARTICLE I. IN GENERAL Sec. 17-3. Home occupations. (a) Home occupations as permitted uses. Home occupations shall be permitted uses within R-1 Single-family Dwelling District, R-2 Multiple -family Dwelling District_, and R-3 Apartment Dwelling District, C -MU and C-3 mixed-use districts, and mixed-use Residential/Commercial PUDs. Section 4. The Village Council hereby amends Chapter 19, "Offenses and Miscellaneous Provisions," of the Village Code of Ordinances by amending Article VI to read as follows (additional language is underlined and deleted language is s rieke #ff,.,,.,h : ARTICLE VI. NOISE CONTROL See. 19-99. Definitions. For the purposes of this article, whenever any of the following words, terms or definitions are used herein they shall have the meanings ascribed to them in this section except where the context requires otherwise: Unreasonable noise means any noise in or emanating from any property located within the corporate limits of village which violates the provisions of this article. (a) For noise emanating from property with a commercial, mixed-use, or light industrial zoning designation, unreasonable noise shall be defined as any noise emanating from the property which equals or excess a measured sound level of sixty-five (65) dBA between the hours of 10:00 p.m. and 8:00 a.m. Sunday through Thursday, a measured sound level in excess of eighty-five (85) dBA between the hours of 8:00 a.m. and 10:00 p.m. Sunday through Thursday; and a measured sound level which equals or exceeds sixty-five (65) dBA between the hours of 11:00 Page 9 of 44 p.m. and 8:00 a.m. Friday through Saturday and a measured sound level meeting or exceeding eighty-five (85) dBA between the hours of 8:00 a.m. and 11:00 p.m. Friday through Saturday. (b) For noise emanating from property with a commercial, mixed-use, or light industrial zoning designation which shares any portion of its boundary with a property with a residential zoning designation, unreasonable noise shall be defined as any noise emanating from the property which equals or exceeds a measured sound level of sixty (60) dBA between the hours of 10:00 p.m. and 8:00 a.m. Sunday through Thursday, a measured sound level in excess of seventy (70) dBA between the hours of 8:00 a.m. and 10:00 p.m. Sunday through Thursday; and a measured sound level which equals or exceeds sixty (60) dBA between the hours of 11:00 p.m. and 8:00 a.m. Friday through Saturday and a measured sound level meeting or exceeding seventy (70) dBA between the hours of 8:00 a.m. and 11:00 p.m. Friday through Saturday. (c) For noise emanating from property with a residential zoning designation, unreasonable noise shall be defined as noise that is plainly audible one hundred and fifty (15 0) feet from the property boundary of the source of the sound or noise, measured on a horizontal plane. Notwithstanding the foregoing, noise shall be considered unreasonable when it is plainly audible through the external walls and fully closed windows and doors of a residential structure or through walls, floors or partitions common to two (2) residential units located within a single structure. (d) Noise shall be measured from the property boundary closest to the source of noise with a sixty (60) second reading. Where the property boundary abuts a waterway, the property boundary shall be considered the opposite side of the waterway and not the actual seawall or bulkhead. Section 5. The Village Council hereby amends Chapter 21, "Planning and Development," of the Village Code of Ordinances to read as follows (additional language is underlined and deleted language is die ): ARTICLE I. IN GENERAL Sec. 21-3. Public notice requirements for development applications and approvals. (a) Requirements. In addition to those requirements imposed by state law, public notice shall be provided as set forth below: Page 10 of 44 * Number of calendar days prior to date of the first required public hearing. * * The notice requirements for variances shall include all variances relating to the zoning code (Chapter 45), the dock and waterway regulations (Chapter 5), and the sign regulations (Chapter 6). * * * The notice reauirements for waivers shall apply only to waivers requested pursuant to section 45-51 (Chapter 45). (b) Mailing requirements. (1) Contents. Unless otherwise required herein, mail notice of a public hearing shall contain the following information: a. Title and substance of proposed ordinance or development order; b. Time, date and location of the public hearing; C. Location of the property affected by the application with reference to the nearest intersection of two (2) or more streets; d. Name, address and telephone number of the office where additional information can be obtained; and Page 11 of 44 Planning Commission/LPA/ Village Council Zoning Board of Adjustment Mail* - News- Post* Mail* Newspaper Post* paper Rezoning 10 7 _F_15 10 Statutory notice 15 for ordinance adoption Large-scale 10 7 15 10 Statutory notice 15 Comprehensive for ordinance adoption Plan Amendment Small-scale 10 7 15 10 Statutory notice 15 Comprehensive for ordinance adoption Plan Amendment Variance** 7 7 10 N/A N/A N/A Waiver*** 7 7 10 10 7 15 Planned Unit 10 7 15 10 Statutory notice 15 Development for ordinance adoption Special 7 7 10 10 Notice of public hearing 7 15 Exception Use 4-0 4-5 days prior to hearing or statutory notice for ordinance adoption (if within a PUD) * Number of calendar days prior to date of the first required public hearing. * * The notice requirements for variances shall include all variances relating to the zoning code (Chapter 45), the dock and waterway regulations (Chapter 5), and the sign regulations (Chapter 6). * * * The notice reauirements for waivers shall apply only to waivers requested pursuant to section 45-51 (Chapter 45). (b) Mailing requirements. (1) Contents. Unless otherwise required herein, mail notice of a public hearing shall contain the following information: a. Title and substance of proposed ordinance or development order; b. Time, date and location of the public hearing; C. Location of the property affected by the application with reference to the nearest intersection of two (2) or more streets; d. Name, address and telephone number of the office where additional information can be obtained; and Page 11 of 44 e. Location and times where proposed ordinance or development order application may be reviewed. (2) All notices shall be provided by first-class mail, unless otherwise required by community development director. Mail notice shall be postmarked no later than the minimum number of calendar days as required in subsection (a) above. (3) Mail for all privately initiated applications shall be provided to all property owners of record, excluding property owned by the applicant, within five hundred (500) feet of the property to which the development order application or amendment relates. (4) The list of property owners shall be derived from the most recent official tax roll of Palm Beach County. The applicant shall provide an affidavit attesting to the completeness and accuracy of the property owner's list. (5) The applicant shall provide and mail all required notices, and provide an affidavit that notice was sent to all property owners included in the property owner's list. (c) Posting requirements. (1) The applicant shall provide the signs, subject to the criteria for size and contents established by the community development director. (2) The applicant shall install the signs in a workmanlike manner. All signs should be installed so as to withstand normal weather events. (3) The applicant shall post one (1) sign per five hundred (500) feet of lineal right-of-way, with a minimum of one (1) sign per frontage. (4) The applicant shall provide, at least three (3) days prior to the public hearing, a photograph of the sign and an affidavit attesting to the date of installation and the number of signs. (d) Newspaper requirements. The applicant shall be responsible for all costs associated with newspaper advertisements. ARTICLE II. PLANNING COMMISSION Sec. 21-11. Composition; conduct generally. (d) Powers, duties. The planning commission shall have the following powers and duties: Page 12 of 44 (1) Perform any duties which lawfully may be assigned to it by the village council. (2) Perform any other duties which may be assigned to it under this Code. (3) The planning commission of the village is hereby designated as the governmental entity to act as the "local planning agency" in accordance with chapter 163, Florida Statutes. (4) The planning commission shall serve as the village's board of adjustment to consider variances and administrative appeals. The planning commission has additional duties that include site plan and appearance review (see sections 6-30 through 6-60); the responsibility to make recommendations on special exceptions (see section 45-16.2); and the authority to gpprove waivers on land in the C- MU and C -NB zoning districts only (see section 45-51). Sec. 21-12. - Changes to zoning ordinances. (a) The village council may amend or supplement the regulations and districts established by this code after receiving fixedby / . g or- inanee adopted p rcninPA to this ant i1^V Wl vVye fp ne t GomrrAhensiye�Planning and L W1µ Development Regulation neo a�ftef roforra� ar,a the recommendations of the ZT�i V'mil'P�S�IVT1lZ'T1 �. f W1�.V1 a vi.vii wi wii�s planning commission. Proposed changes may be suggested by the village council or the village manager. Changes to zoning district boundaries may be requested in accordance with section 45-49. , by the planning„^mm . R .,r (b) The planning commission, regardless of the source of the proposed change, shall hold a public hearing or hearings thereon, with due public notice, but shall in any case, if any change is to be considered by the planning commission, submit in writing its recommendations on the proposed change to the village council for official action. The village council shall hold a public hearing thereon, with due public notice, if any change is to be considered and shall then act on the proposed change. If the recommendation of the planning commission is adverse to the proposed change, such change shall not become effective except by an affirmative vote of a majority of the entire membership of the village council, after due public notice. Section 6. The Village Council hereby amends Chapter 27, "Trees and Shrubbery,” of the Village Code of Ordinances to delete Article III, "Landscaping," in its entirety and amend Article II, "Trees in Swale Areas," as follows (additional language is underlined and deleted language is st-Fi i.ke tI ffou h : Page 13 of 44 Sec. 27-18. Variety and location. (b) Swale trees shall be planted so as not to impede the flow and storage of storm water. Swale trees shall be planted and maintained to provide safe sight distances in accordance with section 27 66 45-90.C. Incidental plantings of flowers may be planted and maintained without permit subject to the same criteria described herein. Section 7. The Village Council hereby amends Appendix A, "Appearance Plan," of the Village Code of Ordinances to read as follows (additional language is underlined and deleted language is stfie): SECTION I – BASIS FOR THE APPEARANCE PLAN The North Palm Beach Village Council adopted an Appearance Ordinance., Number 4-71, on May 27, 1971. This Ordinance provided for the appointment of an Appearance Board which would concern itself with and act in matters affecting the physical appearance of designated areas. The Board was empowered to develop an Appearance Plan to serve as standards or guidelines for physical developments in the village. The Plan as amended, following public hearings, was adopted by the North Palm Beach Village Council, by Ordinance Number 3-72, dated 10 Feb. 1972. The Appearance Plan, is will be administered through the Office of the North Palm Beach director of community development. In 1977, the Planning Commission began serving as; the Appearance Board and continues to act aefing upon matters relating to appearance as authorized by the Appearance Plan and Code. SECTION III – AREAS OF JURISDICTION AREAS AND ELEMENTS UNDER JURISDICTION The jurisdictional areas of the Appearance Plan Beed are all areas within the Village of North Palm Beach that are zoned: R_-1 SINGLE-FAMILY DWELLING DISTRICT — Applies to all usages except single family and their normal accessory buildings R-2 MULTIPLE -FAMILY DWELLING DISTRICT Page 14 of 44 R-3 APARTMENT DWELLING DISTRICT C -MU C -A US -1 MIXED-USE COMMERCIAL DISTRICT C -T C—G TRANSITIONAL COMMERCIAL DISTRICT C -S SHOPPING COMMERCIAL DISTRICT C -G GENERAL G2 AUTON40TIVE COMMERCIAL DISTRICT C-3 REGIONAL MIXED-USE PUBLIC C DISTRICT P PUBLIC DISTRICT OS G 09 CONSERVATION AND OPEN SPACE I-1 LIGHT INDUSTRIAL DISTRICT C-NBOZ NORTHLAKE BOULEVARD COMMERCIAL OVERLAY v ZONIN DISTRICT SECTION IV - CRITERIA FOR APPEARANCE The purpose of these criteria is to establish a checklist of those items which affect the physical aspect of the village environment. Pertinent to appearance is the design of the site, building and structures, planting, signs, street hardware, and miscellaneous other objects which are observed by the public. These criteria are not intended to restrict imagination, innovation, or variety, but rather to assist in focusing on design principles which can result in creative solutions that will develop a satisfactory visual appearance within the village. A. RELATIONSHIP OF BUILDINGS TO SITE 1. The site shall be planned to accomplish a desirable connection *Name with the streetscape, and to provide for adequate planting, pedestrian movement, and parking areas. 2. Site planning in which setbacks and yards are in excess of zoning restrictions is encouraged where such increases are permitted by the zoning code to provide an interesting relationship between buildings. In zoning districts where a build -to line is used in lieu of front setbacks, building facades must be placed within those build -to zones unless a waiver is obtained from the build -to requirements. Page 15 of 44 3. Parking areas shall be concealed where required by the zoning code or treated with decorative elements, building wall extensions, plantings, berms or other innovative means so as to largely screen parking areas from view from public ways and adjoining properties. 4. The height and scale of each building shall be compatible with its site and adjoining buildings except where redevelopment at higher intensities is anticipated in a particular zoning district. 5. Newly installed utility services, and service revisions necessitated by exterior alterations, shall be underground. 6. In relating buildings to site, the provisions of the Zoning Ordinance in regard to bulk regulations, standards, and off-street parking shall be part of this criteria. This shall also apply to subsection B which follows. B. RELATIONSHIP OF BUILDING AND SITE TO ADJOINING AREA 1. Adjacent buildings of different architectural styles or characteristics may sh44 be made more compatible by such means as screens, site breaks, and materials. 2. Attractive landscape transitions to adjoining properties are encouraged. sib be preyided - 3. Harmony in texture, lines, and masses is required. Monotony shall be avoided. 4. Buildings shall have similar scale to those in the surrounding area except where redevelopment at higher intensities is anticipated in a particular zoning district. D. BUILDING DESIGN 1. Specific architectural styles are i -s not restrietea mandated or banned, but the village encourages new buildings to reflect or evolve the distinct local character exemplified by the North Palm Beach Country Club Clubhouse, Village Hall and the Public Safety Building. This character is derived from local and regional examples including Anglo -Caribbean architecture, Florida vernacular, and masonry modern. 2. Evaluation of appearance of a project shall be based on quality of its design and relationship to surroundings. 3. 2-. Buildings shall have good scale and be in harmonious conformance with permanent neighboring development. Page 16 of 44 4. -3-. Materials shall have good architectural character and shall be selected for harmony of the building with adjoining buildings. a. Materials shall be selected for suitability to the type of buildings and the design in which they are used. Buildings shall have the same materials, or those which are architecturally harmonious, used for all building walls and other exterior building components wholly or partly visible from public ways and adjoining properties. b. Inappropriate materials and methods, and those which will produce inconsistency with the structure of the building, shall be avoided. c. Materials shall be of durable quality. d. In any design in which the structural frame is exposed to view, the structural materials shall meet the other criteria for materials. 5. 4- Building components—such as windows, doors, eaves, and parapets— shall have good proportions and relationship to one another. 6. The village discourages walls without windows or with too few windows; all -glass walls; and facades without visual interest or with entrances that are concealed or absent. 7. -5-. Colors shall be harmonious, with bright or brilliant colors used only for accent. 8. 6. Mechanical equipment or other utility hardware on roof, ground, or buildings shall be screened from public view with materials harmonious with the building, or they shall be located so as not to be visible from any public ways, including waterways, service alleys, and adjoining properties. 9. -7-. Exterior lighting shall be part of the architectural concept. Fixtures, standards and all exposed accessories shall be harmonious with building design. 10. 8-. Refuse and waste removal areas, service yards, storage yards, and exterior work areas shall be screened from public ways, including waterways, service alleys, and adjoining properties, using materials as stated in criteria for equipment screening. 11. 9-. Monotony of design in single or multiple building projects shall be avoided. Variation of detail, form, and siting shall be used to provide visual interest. In multiple building projects, variable siting or individual buildings may be used to prevent a monotonous appearance. 12. 4-0: Inappropriate, incompatible, bizarre, and exotic designs shall be avoided. Page 17 of 44 13. 44-. The provisions of the North Palm Beach Village Code in regard to bulk regulations and standards, and those portions of the Village Code which directly affect appearance, shall be part of the criteria of this subsection. Section 8. The Village Council hereby amends Appendix B (Chapter 36), "Subdivisions," of the Village Code of Ordinances to read as follows (additional language is underlined and deleted language is s*fieke tluo gh : ARTICLE III. DESIGN STANDARDS Sec. 36-18. Lots and blocks. Lots and blocks shall be designed according to acceptable practice for the type of development and use contemplated so as to be aesthetically acceptable; in keeping with the topography and other site conditions and to provide adequate traffic and utility access and circulation; acceptable use of space; provide privacy, adequate drainage and protection of property. (1) Lot size. The lot size, width, depth, shape and orientation, and the minimum building setback lines shall be appropriate for the location of the subdivision and for the type of development and use contemplated. Lot dimensions and a44 building setback lines shall meet all standards for the applicable zoning district. not be less than the minimum standards established in the (2) Reserved. 4?esidenee-lot -, nii*- (3) Access. Each lot, for- a minimum tage distanee-of fifty seven (57) foot, shall abut on a public street. Lots may not be configured so that the portion fronting on a uublic street is a narrow extension of the lot arimarily for vehicular or pedestrian access. This requirement shall not be construed to prohibit private streets within developments where the land remains under one ownership. The subdivision shall be so designed that remnants and land- locked areas shall not be created. Page 18 of 44 .. -. -. - - - - .. .A WAN (3) Access. Each lot, for- a minimum tage distanee-of fifty seven (57) foot, shall abut on a public street. Lots may not be configured so that the portion fronting on a uublic street is a narrow extension of the lot arimarily for vehicular or pedestrian access. This requirement shall not be construed to prohibit private streets within developments where the land remains under one ownership. The subdivision shall be so designed that remnants and land- locked areas shall not be created. Page 18 of 44 (4) Lot lines. Side lot lines shall be, as nearly as practical, at right angles to straight street lines and radial to curved street lines. No lot shall be divided by a municipal boundary. (5) Double frontage lots. Double frontage, and reverse frontage lots, shall be avoided except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation. A planting screen easement of at least twenty (20) feet, and across which there shall be no right of vehicular access, shall be provided along the line of lots abutting such traffic artery or other inharmonious use. (6) Block lengths. Block lengths shall not exceed fourteen hundred (1400) feet or be less than three hundred (300) feet, as measured between center lines of bounding streets. See section 36-19(16) for streets ending in culs-de-sac. Sec. 36-19. Streets. The arrangement, character, extent, width, grade and location of all streets shall conform to the comprehensive plan now in existence or as may hereafter be adopted, and shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets. Where such is not shown in the comprehensive plan now in existence or as may be hereafter adopted, the arrangement of streets in a subdivision shall either: (a) Provide for the continuation or appropriate projection of existing major streets in surrounding areas, or (b) conform to a plan for the neighborhood or be aligned to meet a particular situation where topographical or other conditions make continuance or conformance to existing streets impracticable. All streets to be established within a subdivision shall meet the following minimum design standards: (5) Minimum street design specifications. All streets to be established in a subdivision shall be designed in accordance with the following minimum specifications: Page 19 of 44 Collector Local Marginal Street Street Access Minimum right- 80 ft. 60 ft. 40 ft. of- w a Percent grade of roadway center 0.30% 0.30% 0.30% line (minimum): Geometric design shall comply with the latest AASHTO requirements,. or as specified in zoning district standards. Page 19 of 44 ARTICLE IV. REQUIRED IMPROVEMENTS Sec. 36-29. - Sidewalks. A system of sidewalks shall be provided by the subdivider to provide for safe movement of pedestrians separate from motor vehicle traffic. Except as provided below, sidewalks shall be provided along both sides of all streets, and along all streets where adjacent land is zoned or otherwise designated to be used for multiple - family dwelling purposes or for mixed-use, commercial, and/or office purposes. As an alternative, and as approved by the village council, sidewalks in residential areas may be provided within common open areas. Sidewalks shall be constructed per standards established by chapter [24], village Code. Section 9. The Village Council hereby amends Appendix C (Chapter 45), "Zoning," of the Village Code of Ordinances by amending Section 45-2, "Definitions," of Article I, "In General," to read as follows (additional language is underlined and deleted language is strieke t1 roug ): Sec. 45-2. Definitions. For the purpose of this code efdinanee, certain words and terms are defined as follows: Dwelling unit is a single unit providing complete, independent living facilities for one (1) or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation. For purposes of computing residential density in commercial zoning districts that allow mixed uses, a dwelling unit that contains only one bedroom, or no separate bedroom, will be counted as one-half a dwelling unit. Liner building means a separate building along a street or other public space that hides parking or blank walls from view. Medical or dental office or clinic means a facility providing health care services to the public by physicians, dentists, chiropractors, osteopaths, physical therapists, nurses, acupuncturists, podiatrists, optometrists, psychiatrists, veterinarians, or others who are duly licensed to practice their respective medical or dental profession in the State of Florida, as well as those technicians and assistants who are acting under the supervision and control of a licensed health care practitioner. These uses shall not include establishments where patients are lodged overnight and are subject to additional regulations regarding the dispensing of controlled substances set forth in section 45-36.5 of this chapter. Notwithstanding the foregoing, accessory uses for veterinary clinics include day and overnight boarding for patients and outside runs and exercise areas for dogs. Page 20 of 44 Mixed-use iivI means a development pattern where complementary uses of land are located within walking distances. Complementary uses may include ,.,,,,,bi„ati ^„ of retail commercial2 and non -retail commercial such as offices; lodging uses; civic and education uses; and dwellings other than one -family detached dwellings. businesses where non retail tenants c emprise fifty (50) perce"+ or more of the gross floor area. Any eembination of retail and non retail businesses where the retail eomponent eempfises fifty (50) pereent or- more of the gross floorr area shall be elassi-Fie as a retail ia facility Use -aroun means any of the four groups of allowable uses that certain zonin districts employ to define uses that are permitted bight, permitted by special exception only, or are not permitted in that zoning district. The four groups are Residential Uses, Lodging Uses, Business Uses, and Civic & Education Uses. The following terms are used in these use groups: RESIDENTIAL USE -GROUP DEFINITIONS: Mobile home park is defined earlier in section 45-2. Dwelling one family detached (single-family dwelling) is a building containing one dwelling unit that is not attached to any other dwelling by any means (see definition of dwelling and dwelling unit earlier in section 45-2). Dwelling, all other dwelling types (see definition of dwelling and dwelling unit earlier in section 45-2). Live/work unit is a single dwelling unit in a detached building, or in a multifamily or mixed-use building, that also accommodates permitted commercial uses within the dwelling unit. Assisted livings facility is defined earlier in section 45-2. Comm uniby Residential Home is defined earlier in section 45-2. LODGING USE -GROUP DEFINITIONS: Bed and breakfast establishment is a dwelling unit or guest rooms personally and physically operated and occupied by an owner or manager where transient guests are permitted to reside and are provided breakfast in exchange for paw Hotel is a facility offering transient lodging accommodation to the .general public and which may include additional facilities and services such as restaurants, meeting rooms, entertainment, personal services, and recreational facilities. Motel is defined earlier in section 45-2. Time-share unit is defined earlier in section 45-2. Page 21 of 44 BUSINESS USE -GROUP DEFINITIONS: Offices, general is a room or group of rooms used to conduct the affairs of a business, profession, service, or government ande�; nerally furnished with desks tables, files, and communication equipment. A medical or dental office or clinic is not considered `Of ces, general' for purposes of this code. Office or clinic, medical or dental (see definition of medical or dental office or clinic earlier in section 45-2, also see additional regulations in subsections 45-36.S and 45-36.T). Stores & services, general means establishments that sell food or merchandise or provide personal or professional services, including but not limited to the following uses that are defined earlier in section 45-2: drug store; non -retail commercial; office or clinic, medical or dental; personal care; pharmacy; and retail commercial. The following uses are not considered `Stores & services, general' for purposes of this code: • Stores & services, large format • Adult entertainment • Contractor and trade operation • Convenience store with fuel • Dog dam • Drive-through facility(for any use) • Garage, parking • Heavy commercial and light industrial • Limited access self -storage facilities • Medical marijuana treatment center • Medical marijuana treatment center dispensingfacility • Restaurant or cocktail lounge • Telecommunications antenna • Vehicle sales or repair Stores & services, large format has the same meaning as `Stores & services, general' as defined by this code, except that the establishment contains over 50,000 square feet of enclosed floor area. dult Entertainment is defined earlier in sectio Brewery with offsite distribution is an establishment primarily engaged in the production and distribution of beer, ale or other malt beverages, and which may include accessory uses such as tours of the brewery, retail sales, and/or on-site consumption, e.g., a "taproom." Contractor and trade operation is an establishment that is primarily engaged in providing an off-site service but which maintains a business office and inventory or equipment at a central location, such as a general contractor or subcontractor, pest control operator, caterer, surveyor, etc. Page 22 of 44 Convenience store with fuel is an establishment that provide limited services primarily to the motoring public such as fuel sales, car washing, or car detailing, and that may also sell merchandise including food and beverages. Dog daycare is an establishment providing daytime care and training for domestic dogs and other pets. Drive-through facility is any establishment that provides physical facilities which allow its customers to obtain food or goods, receive services, or be entertained while remaining in their vehicles._ Garage, Parking. A building or structure or portion thereof used exclusively for the storage or parking of automobiles. Service other than storage shall be limited to refueling, lubrication, and detailing. Heavy commercial and light industrial is any commercial or industrial use that the Village of North Palm allows only in the C -G and I-1 zoning districts or does not allow in any zoning district, including but not limited to: • Contractor and trade operation • Junkyard • Kennel (commercial) • Limited access self -storage facility • Light manufacturing • Vehicle sales or repair • Warehouse Limited access self -storage facility is an enclosed structure primarily for indoor storage. Medical mariivana treatment center is defined earlier in section 45-2. Medical mariivana treatment center dispensing fqciliby is defined in in section 45-38 and prohibited in section 45-39. Restaurant or cocktail lounze is an establishment where food and drink are prepared, served, and consumed mostly within the principal building; outdoor seating is subject to separate provisions in this code. A brewpub or brewery taproom shall be considered a restaurant or lounge provided that there is no offsite distribution or wholesaling. Telecommunications antenna include antenna towers (see definition of antenna and antenna tower earlier in section 45-2). Vehicle sales or repair includes any establishment that repairs or displays and sells new or used motor vehicles including automobiles, motorcycles, golf carts, trucks, watercraft, recreational vehicles, and trailers. Page 23 of 44 CIVIC & EDUCATION USE -GROUP DEFINITIONS: Child carefacilityis defined earlier in section 45-2. Church or place of worship means a premises or structure used primarily or exclusively for religious worship and related religious services on a permanent basis by a tax-exempt religious group, sect, or denomination registered as a not-for-profit organization pursuant to Section 501(C)(3) of the United States Internal Revenue Code, as amended. A church or place of worship may include retreat site camp, convent, seminary or similar facilities operated for religious activities. Civic space is a small outdoor space that serves as a focal point for civic and recreational uses. Civic spaces are typically constructed by landowners when they build on adjoining propelly. Family day care is defined earlier in section 45-2. Government buildings are provided by village, state, regional, or federal agencies to carry out public purposes. Hospital or medical center means a facility which provides primary, secondary, or tertiary medical care, emergency medical services, including preventative medicine, diagnostic medicine, treatment and rehabilitative service, medical training programs, medical research, and may include association with medical schools or medical institutions. Public space is an outdoor space that is maintained by a government, private or nonprofit entity as a civic amenity for theeg neral public. Public spaces include, but are not limited to, plazas, parks, playgrounds and water accesses. School, public or private means an institution of learning which conducts regular classes and courses of study required for accreditation as an elementary or secondary school by the State Department of Education of Florida. Section 10. The Village Council hereby amends Appendix C (Chapter 45), "Zoning," of the Village Code of Ordinances by amending Section 45-4, "Conflict of provisions," of Article I, "In General," to read as follows (additional language is underlined and deleted language is strieken tlffeuball): Sec. 45-4. Conflict of provisions. (1) It is not intended by this ordinance to interfere with or abrogate or annul any easements, covenants or other agreements between parties. (2) That where this village codes and ordinances imposes a greater restriction upon the use of buildings or premises, or upon the height of buildings, or requires larger open spaces than are imposed or required Page 24 of 44 by other or- inn rules, regulations, of by easements, covenants, or agreements, the provisions of tis village codes and ordinances shall control. Section 11. The Village Council hereby amends Appendix C (Chapter 45), "Zoning," of the Village Code of Ordinances by amending Section 45-16, "Division of village into districts; districts enumerated," of Article II, "Generally," to read as follows (additional language is underlined and deleted language is strieke tlffo ,,,-h): Sec. 45-16. Division of village into districts; districts enumerated. In order to classify, regulate and restrict the uses of land and buildings, the height and bulk of buildings, the amount of open spaces about buildings, intensity of land use, the Village of North Palm Beach, Florida is divided into twelve (12) zoning districts, as follows: R-1 Single-family dwelling district R-2 Multiple -family dwelling district R-3 Apartment dwelling district C -MU US -1 mixed-use r ^ ee merei a district G B Gemmereia distriet G !A Limitedeemmerei al ristaanta C-T C—G Transitional commercial district C -S Shopping G ' Neighbor -hood commercial district C -G General G Automotive commercial district C-3 Regional mixed-use amiss district P Public district OS G OS Conservation and open space I-1 Light industrial district C -NB Northlake Boulevard commercial district In the creation of this ordinance of the respective districts, the village council has given due and careful consideration to the peculiar suitability of each district for the particular uses and regulations applied thereto and to the densities of population, all in accordance with the comprehensive development plan of the village. Page 25 of 44 Section 12. The Village Council hereby amends Appendix C (Chapter 45), "Zoning," of the Village Code of Ordinances by amending Section 45-16.1, "Similar uses," of Article II, "Generally," to read as follows (additional language is underlined and deleted language is Miele tom): Sec. 45-16.1. - Similar uses. (a) The community development director shall determine which uses proposed A use within a commercial or mixed-use zoning district have substantially the same characteristics as a use nat specifically listed as a permitted use. Proposed uses with characteristics that are similar to a permitted use, but not substantially the same, may be established only 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. (c) 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. Public notice is not required for special use permit hearings. The village council shall grant or deny the application by written order. (e) In granting a special use permit, the village council may impose conditions necessary to ensure that the proposed use: (1) Is compatible with the existing or planned character of the neighborhood in which it would be located; (2) Will not have an adverse impact upon adjacent properties; and (3) Will not interfere with the use of adjacent properties. Such conditions may include restrictions on the size and operating hours of the proposed use. (f) 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 Beafd of Adjustm Planning Commission within thirty (30) days of receipt of written notice of revocation. Page 26 of 44 Section 13. The Village Council hereby amends Appendix C (Chapter 45), "Zoning," of the Village Code of Ordinances by amending Section 45-16.2, "Special exception uses," of Article II, "Generally," to read as follows (additional language is underlined and deleted language is stiff tom) Sec. 45-16.2. Special exception uses. (e) Procedure. (1) The special exception use shall be subject to preliminary review by the community development department. Once the community development director certifies that the application is complete, the director shall forward it to the planning commission for a public hearing. (2) 'The planning commission shall review the application and forward a recommendation of approval, approval with conditions or denial to the village council. If the special exception request was included with a site plan and appearance application, the planning commission shall forward the complete application to the village council for final decision. (3) Upon receipt of the a recommendation of the planning commission, the village council shall conduct a public hearing and determine whether the proposed special exception use meets the requirements of this section. The village council shall approve, approve with conditions or deny the application at the close of the public hearing. The approval of a special exception use, with or without conditions, shall be in the form of a written order, resolution or ordinance. (4) Upon denial of an application for special exception use approval in whole or in part, a period of one (1) year must elapse prior to the filing of a substantially similar application affecting the same property. Section 14. The Village Council hereby amends Appendix C (Chapter 45), "Zoning," of the Village Code of Ordinances by amending Section 45-19, "Buildings to conform to district regulations," of Article II, "Generally," to read as follows (additional language is underlined and deleted language is stri ,ke tIffetig ): Sec. 45-19. Buildings and uses to conform to district regulations. Except as hereinafter provided: A. No building shall be erected, reconstructed or structurally altered, nor shall any building or land be used which does not comply with the regulations for the district in which such building or land is located. Page 27 of 44 B. No building shall be erected, reconstructed or structurally altered to exceed the height or bulk limits herein established for the district in which such building is located. C. The minimum open spaces around a main building as provided for in this ordinance shall not be encroached upon or be considered as open spaces for any other building. D. There shall not be more than one (1) main building and its customary accessory building(s) on a lot in the R-1 single-family dwelling district. as atAherized by this ehaptef. E. The types, location and uses of buildings and land publicly owned and used in the performance of a public function may be permitted in any district, provided such type, location and use is approved by the village council. The village council may limit the length of time of such type, location and use. Section 15. The Village Council hereby amends Appendix C (Chapter 45), "Zoning," of the Village Code of Ordinances by amending Section 45-31, "C -A Commercial District," of Article III, "District Regulations," as set forth in Exhibit 1 attached hereto and incorporated herein by reference (additional language is underlined and deleted language is stricken t roug ). All properties within the Village currently included within the C -A Commercial Zoning District as of the effective date of this Ordinance are hereby included within the CMU US -1 Mixed Use Zoning District and shall be subject to the regulations set forth in Exhibit 1. Section 16. The Village Council hereby amends Appendix C (Chapter 45), "Zoning," of the Village Code of Ordinances by repealing Section 45-31.1, "C -B Commercial District," of Article III, "District Regulations," in its entirety. Section 17. The Village Council hereby amends Appendix C (Chapter 45), "Zoning," of the Village Code of Ordinances by repealing Section 45-32, "C -1A Limited Commercial District," of Article III, "District Regulations," in its entirety. Section 18. The Village Council hereby amends Appendix C (Chapter 45), "Zoning," of the Village Code of Ordinances by amending Section 45-32.1, "C -C Transitional Commercial District," of Article III, "District Regulations," as set forth in Exhibit 2 attached hereto and incorporated herein by reference (additional language is underlined and deleted language is strieken tlffe ig- ). All properties within the Village currently included within the C -C Commercial Zoning District as of the effective date of this Ordinance are hereby included within the C -T Transitional Commercial Zoning District and shall be subject to the regulations set forth in Exhibit 2. Section 19. The Village Council hereby amends Appendix C (Chapter 45), "Zoning," of the Village Code of Ordinances by amending Section 45-33, "C-1 Neighborhood Commercial District," of Article III, "District Regulations," as set forth in Exhibit 3 attached hereto and incorporated herein by reference (additional language is underlined and deleted language is strieke-n-thfeu&). All properties within the Village currently included within the C-1 Neighborhood Commercial Zoning District as of the effective date of this Ordinance are hereby Page 28 of 44 included within the C -S Shopping Commercial Zoning District and shall be subject to the regulations set forth in Exhibit 3. Section 20. The Village Council hereby amends Appendix C (Chapter 45), "Zoning," of the Village Code of Ordinances by amending Section 45-34, "C-2 Commercial District," of Article III, "District Regulations," as set forth in Exhibit 4 attached hereto and incorporated herein by reference (additional language is underlined and deleted language is strieken t r^ug . All properties within the Village currently included within the C-2 Commercial Zoning District as of the effective date of this Ordinance are hereby included within the C -G General Commercial Zoning District and shall be subject to the regulations set forth in Exhibit 4. Section 21. The Village Council hereby amends Appendix C (Chapter 45), "Zoning," of the Village Code of Ordinances by amending Section 45-35.1, "Planned Unit Development," of Article III, "District Regulations," as set forth in Exhibit 5 attached hereto and incorporated herein by this reference (additional language is underlined and deleted language is strieke -, thfo g ) Section 22. The Village Council hereby amends Appendix C (Chapter 45), "Zoning," of the Village Code of Ordinances by amending Section 45-35.2, "C -OS Conservation and Open Space District," of Article III, "District Regulations," to read as follows (additional language is underlined and deleted language is strieken tlff .ug ): Sec. 45-35.2. C -OS conservation and open space district. A. Intent. The intent of this section is to provide for land uses and activities within land areas designated for the primary purpose of conserving or protecting natural resources of environmental quality. B. Uses permitted. Within any part of the G -OS conservation and open space district, no building, structure, land or water shall be used, except for one or more of the following uses: 1. Passive recreation. 2. Flood control. 3. Protection of quality or quantity of ground water or surface water. 4. Floodplain management. 5. Fisheries management. 6. Protection of vegetative community or wildlife habitats. 7. Residential and administrative buildings for the protection of the C -OS district. 8. Single-family dwellings with accessory buildings customarily incident thereto. C. a: Building height regulations. No main building shall exceed two (2) stories in height and no accessory building more than one (1) story. D. b-. Building site area regulations. The minimum lot or building site for each single-family dwelling shall be one (1) acre of upland area and have at least one (1) lot dimension, width or length, of a minimum of one hundred fifty (15 0) feet. Page 29 of 44 E. e: Yard space regulation. No building or portion thereof shall occupy a position fifty (50) feet or less from the upland/wetland boundary of the property. F. C—. Coastal zone protection. The Village of North Palm Beach adopts, by reference, the Palm Beach County Coastal Protection Ordinance No. 90-2 in its entirety. Section 23. The Village Council hereby amends. Appendix C (Chapter 45), "Zoning," of the Village Code of Ordinances by amending Section 45-35.3, "Northlake Boulevard Overlay Zoning District (NBOZ)," of Article III, "District Regulations," as set forth in Exhibit 6 attached hereto and incorporated herein by reference (additional language is underlined and deleted language is st-Fieken dffe tg ). All properties included within the C -NB Northlake Boulevard Commercial Zoning District and shall be subject to the regulations set forth in Exhibit 6. Section 24. The Village Council hereby amends Appendix C (Chapter 45), "Zoning," of the Village Code of Ordinances by amending Section 45-36, "General Provisions," of Article III, "District Regulations," to read as follows (additional language is underlined and deleted language is st- fie e thyo ig ): See. 45-36. General provisions. A-1. No addition to any building and no structure or object shall be erected, placed or maintained or built to a height which exceeds four (4) stories or sixty (60) feet where any portion of said building or of the property upon which it is located is within five hundred feet of any R-1, single-family dwelling district= except in the C -MU and C-3 zoning districts where the height limits and maximum height in feet are defined in sections 45-31 and 45-34.1. J. Whenever, by this ordinance, off-street parking is required in any commercial or mixed-use district or in any R-3 apartment dwelling district, no such parking facilities shall be hereafter constructed as follows, in addition to any specific requirements of the zoning district: until a permit therefor shall have been issued by the building inspector, and until the plans and specifications therefor are such that: a. Such off-street parking area is designed with appropriate means of vehicular access to a public street or alley. The maximum width of a residential accessway to an off-street parking or other vehicular use area shall be twenty (20) feet for two-way vehicular movement and ten (10) feet for one-way vehicular movement, measured at the narrowest point. For commercial uses, two-way accessways shall be twenty-four (24 feet and may be wider only on county and state roads, subject to approval by county and state transportation officials. Page 30 of 44 (i) No more than one (1) two-way accessway shall be permitted for any street frontage up to one hundred (100) lineal feet or no more i than two (2) one-way accessways shall be permitted for any street frontage up to one hundred (100) lineal feet, such standards to be gplicable to any property under one (1) ownership. ii Where such ownership involves over one hundred (100) feet of street frontage, , one (1) additional two-way or two (2) additional one-way drives may be permitted for each additional one hundred (100) feet of frontage or major fraction thereof, except where restricted by other provisions of this code or by county and state transportation regulations. b. Such off-street parking area is designed with appropriate vehicular maneuvering areas. Each required parking space shall measure at least 9 feet by 18 feet. C. Such off-street parking area is paved with an asphaltic or concrete surfacing, or other material designed to prevent dust. d. Such off-street parking area is so constructed, graded and surfaced as to prevent surface water from draining onto public right-of-way, or on adjoining properties, the outlets for such surface waters to be connected directly or indirectly to storm sewer conduits terminating in existing publicly controlled waterways or in other seepage areas approved by the building department. e. Such off-street parking areas shall be used for vehicular, traffic only, with no sales, dead storage, repair work, dismantling or servicing of any kind unless expressly permitted by the zoning of the district in question. f. If lighting of such areas is to be provided, the plans therefor shall be such that such lighting shall reflect away from any public street and at such an angle as to prevent glare or undue illumination of residential properties in the neighborhood. g_ Parking lots shall be landscaped as provided in the landscaping regulations in Article VIII (section 45-81 et seq.). h. Parking lots shall be designed and improved to facilitate loading and unloading There shall be adequate space for standing, loading and unloading services to avoid undue interference with public use of streets or alleys. A Building height regulations. Page 31 of 44 (1) Within the area of the Village of North Palm Beach which lies north of the Intracoastal Waterway and west of U.S. Highway No. 1, no building or structure shall exceed sixteen (16) stories or one hundred sixty (160) feet. (2) Within the area of the Village of North Palm Beach which lies north of the Intracoastal Waterway and east of U.S. Highway No. 1, no building or structure shall exceed twenty-two (22) stories or two hundred twenty (220) feet. (3) Within the area of the Village of North Palm Beach which lies south of the Intracoastal Waterway and east of U.S. Highway No. 1, no building or structure shall exceed four (4) stories or forty (40) feet, except in the C -MU zoning district where the height limits are defined in section 45-31. (4) Within the area of the Village of North Palm Beach which lies south and west of the Intracoastal Waterway and west of U.S. Highway No. 1, no building or structure shall exceed four (4) stories or forty (40) feet, except in the C -MU and C-3 zoning districts where the height limits are defined in sections 45-31 and 4.5-34.1. Q. Outdoor seating. (1) Applicability. Outdoor seating shall be permitted as an accessory use to a building in which a food service establishment is operated, provided that: a. The outdoor seating area is adjacent to that portion of the food service establishment which is inside the building. b. The outdoor seating is located on property which is either owned or leased by the adjacent food service establishment or the landlord of such food service establishment. (See exceptions in subsection (6).) C. The outdoor seating can be accommodated without impeding the access of the general public, including persons with disabilities, to the portion of the food service establishment which is located inside the building, or to any other commercial business or other use. d. The outdoor seating can be accommodated without creating a need for additional parking spaces which could not be provided on the same site as the building for which the outdoor seating would be an accessory use or would create a non -conforming status for existing parking provided for such building. (See exceptions in subsection (6)T) e. No outdoor seating shall be permitted for adult entertainment establishments. Page 32 of 44 (2) Permitting process. An applicant for approval of outdoor seating shall include the proposed outdoor seating as part of an overall application for a building permit and/or site plan and appearance approval eertifieat or shall seek amendment of an existing building permit and/or site plan and appearance approval certifioate of apprepriatenesS to allow for outdoor seating, pursuant to the applicable provisions of this Code. Every application involving outdoor seating shall include the following, in addition to and not in place of anything else which may otherwise be required by any other provision of this Code: a. A site plan, drawn to scale, which shows at least the building for which outdoor seating will be an accessory use; the location of the food service establishment which will use the outdoor seating; the location of the outdoor seating and all related fencing screening, or dividing materials; the location of any sidewalks or other pedestrian walkways or passageways which are adjacent to or will be affected by the outdoor seating; and the location of all existing or additional parking for such building. b. A copy of the written consent of any person or business who other than the applicant owns or leases any property, including any sidewalk or other public passageway, upon [which] the outdoor seating would be located. C. Photographs, renderings, or samples showing the style and color of all furnishings, fencing, screening, or dividing material to be used for or in conjunction with the outdoor seating. (3) Conditions of outdoor seating. Outdoor seating shall comply at all times with the following conditions: a. Outdoor seating shall be arranged, when in use, in a manner that allows a pedestrian walkway in compliance with applicable accessibility, building, eedes and fire codes. b. Outdoor seating located on a pedestrian walkway which provides access to more than one (1) occupant of a building, as in a shopping center, shall be arranged, when in use, in a manner that maintains a passage of not less than five (5) feet in width. C. Outdoor seating of an applicant shall not be located on any sidewalk, passageway, or other property adjacent to any other business. d. Outdoor seating shall not occupy any area designated for parking. (See exceptions in subsection (6).) e. Outdoor seating which is used for the service and sale of food or beverages of any kind within the outdoor seating area, shall be physically separated and visually distinct from any immediately Page 33 of 44 adjacent public passageway or walkway by means of approved fencing or screening material which is not less than two (2) feet in height, by , means of one (1) or more planter boxes and other plant container, by means of some other approved divider, or any combination of such means, but not including tables, chairs or other seating. f. Outdoor seating areas may only contain tables, chairs, umbrellas and/or awnings and required fencing or screening materials. All such equipment shall be compatible in color and style with the exterior of the building and shall not contain or have affixed to it any sign, lettering or advertising of any kind. g. Outdoor seating shall be maintained in a secure manner, whenever the food service establishment is closed to the public. h. Establishments with outdoor seating with food and beverage service shall meet all health code and other applicable code requirements of restaurants. i. Any permanent or temporary structures associated with outdoor seating, including, but not limited to, awnings and covered roofs shall not encroach into the required building setback areas. Tables, chairs, umbrellas, fencing, screening and dividing materials shall not be located closer to the property line than two-thirds (2/3) of the required front, side or rear building setback. (See exceptions in subsection (6)) (4) Limitations on use. Except for outdoor seating located in an inner court: a. All sales and service of food and beverages in an outdoor seating area are prohibited between the hours of 10:30 p.m. and 7:00 a.m., Sunday through Thursday, and between the hours of 11:00 p.m. and 7:00 a.m., Friday through Saturday. b. Outdoor seating areas shall be in compliance with the village's noise regulations. (5) General requirements. Outdoor seating which increases the total number of seats available at a food service establishment shall be considered an expansion of use. Such outdoor seating shall be included in any calculation of the total number of seats provided by the food service establishment but not limited to parking, restroom facilities and business taxes. Special requirements for C -MU and C-3 zoning districts. In the C -MU and C-3 zoning districts only, the preceding requirements for outdoor seating are modified as follows: a. Outdoor seating may be provided on sidewalks that have been constructed on sidewalk easements that were required by this code as long as this seating does not unduly restrict pedestrian movement. Page 34 of 44 Outdoor seating may not be provided on sidewalks within the right-of- way of US Highway 1, Yacht Club Drive, Anchorage Drive, Lighthouse Drive, Ebbtide Drive, or Northlake Boulevard. b. Outdoor seating�may be provided within build -to zones required by this code. C. Outdoor seating may be provided on an area designated for parking and/or loading without providing_ additional parking spaces. However, permission for such outdoor seating would be on a provisional basis and would be subject to revocation as follows: i. Permission may be revoked by the community development director if there is evidence that the permission is contributing to spillover parking on nearby properties. ii. Permission would be automatically revoked if the code enforcement special magistrate issues an order confirming a violation of a parking -related provision of this code. Section 25. The Village Council hereby amends Appendix C (Chapter 45), "Zoning," of the Village Code of Ordinances by amending Section 45-38, "I-1 Light Industrial District," of Article III, "District Regulations," to read as follows (additional language is underlined and deleted language is s rieke +h,.,,,,O): Sec. 45-38. I-1 light industrial district. D. Supplemental use regulations for select permitted or special exception uses. Permitted or special exception uses in the I-1 district shall be subject to the following conditions. 12. Dog daycare: d. Outdoor runs/dogexercise areas: If used, outdoor runs or animal dog exercise areas shall be located a minimum of 300 feet from a residential use or zoning district or shall be fenced utilizing a sound-absorbingi material on any which is adjacent to or separated only be street from any residential use or zoning district to contain the sound as required by chapter 19, article VI of this code. Such outdoor runs or dog exercise areas shall; be hard surfaced or grassed and if hard surfaced, shall have wAh drains provided every ten feet and be connected to a central or individual sanitary facility approved by Seacoast Utility Authority or the Palm Page 35 of 44 Beach County Health Department. Grassed outdoor runs and dogL exercise areas shall be maintained by removing dog waste daily. A minimum six-foot high ehain lk fence shall be required around outdoor runs and dog exercise areas. In addition, where chain-link fencing is used, a continuous solid opaque hedge a minimum of four feet at installation shall be provided around the outdoor run area or dog exercise area. Animals shall not be left overnight in outdoor runs or dog exercise areas. 15. Kennel, commercial: a. Limitations of use: A commercial kennel shall be limited to the training, boarding and grooming of dogs and cats. b. Outdoor runs: Outdoor runs shall comply with the requirements of Section 45-38(D)(12 44)d above. 22. Veterinary clinic: Outdoor runs shall comply with the requirements of Section 45-38(D)(12 44)d above. Section 26. The Village Council hereby amends Appendix C (Chapter 45), "Zoning," of the Village Code of Ordinances by amending Article VI, "Amendments — Fees; Waiting Periods," to read as follows (additional language is underlined and deleted language is s+rieke +1,roug ): ARTICLE VI. REZONINGS; VARIANCES; WAIVERS . Sec. 45-49. Applications for rezoning, etc. (1) All applications for rezoning andall appheations to amend, supp rimova+ established by ^�,,� �+or shall be done by application to 'ng �, n�mmicrc+ion e the village. The application to the pi i , ^^mmissi may be made initiated by a y property owners to rezone their own property or by the village manager. tenant or by n goyer�ent a office, depa ent bear-� of bufeau. Stteh apoie..Ati.afi.s shall be filed with the eommunity developme depaFtment of the village, whieh shall transmit the safne, together- with all the applieation, to the p1 . Any such application, except by the village manager, a governmental ^genes, must be accompanied by the filing fee established in the master fee schedule adopted annually as part of the village budget together with a deposit of the estimated cost of the village processing the application. Upon the village determining the actual costs, applicants shall pay the balance, if any, in full of such costs including Page 36 of 44 advertising prior to final consideration of the application. If the deposit exceeds actual costs, the balance shall be refunded to applicant. (2) All applications to—the p ANN1N/f ,,,,,,.,m ss oN concerning rezoning shall be upon forms to be supplied by the community development department. (3) Whenever, after review, investigation and hearing, any application for a change of district classification has been denied, an application for a like change cannot be reinstated for a period of at least one (1) year after said denial. (4) Public notice of all hearings shall be provided as required by section 21-3 of the village Code. Sec. 45-50. Appheation for Variances. (1) All applications for variances to regulations or restrictions established by this ordinance shall be done initiated by application to the board of adjustment e the village. The application totheboard of adjustmaN+ may be made by any property owner or tenant or by a governmental office, department, board or bureau. Sueh applioations shall be and filed with the community development department. deter of the village—,who shall 'r-a-smit-the same, tother- w .a!! the plans, spe-ifieations, applieatiefl blank and other- papers peftaining the eation, to the board of adjustment. Any such application, except by a governmental agency, must be accompanied by the filing fee established in the master fee schedule adopted annually as part of the village budget. (2) All applications to the board of adj stme concerning variances shall be upon forms to be supplied by the community development department. Criteria for decisions on variance applications are provided in section 21-21 of the village code. (-3,) Public notice of all hearings shall be provided as required by section 21-3 of the village code. Sec. 45-51. Waivers. In the C -MU and C -NB zoning districts, waivers may be requested from certain regulations in this code. An applicant requesting a waiver shall demonstrate that the waiver provides a public benefit, including, by wav of example, high-quality architectural design, pedestrian amenities, not cost dedication of rights-of-way, construction of public parking, public art or other improvements adjacent to the property, preservation of environmental sensitive lands, provision of public parks and/or open spaces, or mixed uses which reduce impacts on village services. An application for such waiver may be made by any property owner or tenant or by a governmental office, department, board or bureau. Such applications Page 37 of 44 shall be filed with the community development director of the village, using forms supplied by the director, who shall transmit the same, together with all the plans, specifications, application materials, and other papers pertaining to the application, to the planning commission. The applicant shall identify each waiver request in writing as part of the application, fully explaining the nature of the request, the extent to which it departs from a standard zoning regulation, and the basis for which it is sought. The planning commission will hold a public hearingin n conjunction with the site plan and appearance review hearing for the subject property (see sections 6-30-6-60). When evaluating waiver requests, the planning commission will consider the following factors and any additional criteria set forth in the relevant zoning district: a. The extent to which the alternate standard proposed b the he applicant differs from the code's standard that would be waived; b. Whether the granting of the waiver will lead to innovative design in which other minimum standards are exceeded; C. Whether the request clearly demonstrates the public benefits to be derived; d. Whether the request furthers the goals of the village master plan, and exemplifies the architectural, building, and site design techniques desired within the Village's_ Appearance Plan; e. Whether the requested waiver can be granted in the zoning district; Any unusual circumstances regarding the property or immediate area, including the location of power lines, specimen trees, or shade trees; g_ The effect of approving or denyingL the waiver on the development project and on the surrounding area; h. Consistency with the comprehensive plan; Recommendations of village j_ Testimony from the applicant; and h. Testimony from the public. Page 38 of 44 At the end of the public hearing the planning commission will make a decision on each requested waiver. Approval is contingent on the planning commission making these findings and any additional findings set forth in the relevant zoning district: a. The alternate standard proposed by the applicant is acceptable for the specific site and building; b. The proposed waiver does not detract from the design principles supporting these zoning districts and the broader intent of this code; C. The proposed waiver will not be injurious to surrounding properties or nearby neighborhoods; and d. The proposed waiver is not inconsistent with the Comprehensive Plan. The planning commission's action on waivers will be considered a recommendation to the village council instead of a decision if a special exception was requested along with one or more waivers, or if a waiver was requested for an extra story pursuant to 45-31.E.4, or if the concurrent site plan and appearance decision is appealed in accordance with section 6-35. The village council will make a decision on such waivers at the same time that a decision is made on all other aspects of the application. The applicant or any interested party may file an appeal to the village council on any decision on waivers. Such an appeal will also function as an appeal of the site plan and appearance application. The appeal shall be filed or made within ten (10) days after decision of the planning_ commission on forms provided by the village. Appeals shall set forth the alleged inconsistency or nonconformity with procedures, criteria, or standards set forth in this code. The village council shall decide an appeal within thirty (30) days of the filing of such appeal unless an extension of time is consented to by the applicant, and such filing shall suspend any building permit issued pursuant to the ruling of the planning commission until the village council has decided the appeal. The village council may review any decision of the planning commission and their disposition of the matter shall be final. Public notice of all waiver hearings shall be provided as required by section 21-3 of this code. Section 27. The Village Council hereby amends Appendix C (Chapter 45), "Zoning," of the Village Code of Ordinances by amending Article VII, "Nonconforming Uses of Land and Structures," to read as follows (additional language is underlined and deleted language Sec. 45-60. Intent. (1) Within the districts established by this ordinance, or amendments that may later be adopted, there exist lots, structures, uses of land and structures and Page 39 of 44 characteristics of use which were lawful before this ordinance was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this ordinance or future amendments. (2) Except as explicitly provided in this article, it is the intent of this ordinance to permit these nonconformities to continue until they are removed, but not to encourage their continuation. Such nonconformities uses are declared by this ordinance to be incompatible with ,moo,.,, it4ed linos ift the district involved. It is further the intent of this ordinance that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. Sec. 45-61. - Extension and enlargement of nonconforming uses. (1) A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of structure and land shall not be extended or enlarged after passage of this ordinance by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved. If an existing use was legally permitted on its site prior to changes in the C -MU or C -NB zoning districts in 2020 but is not listed as a permitted use in the new district, that existing use will continue to be deemed a permitted use and will not be subject to the restrictions in this paragraph. (2) To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this ordinance and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved. Sec. 45-62. Nonconforming lots of record. (1) In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this ordinance, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this ordinance. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Page 40 of 44 Variance of area, width, or yard requirements shall be obtained only through action of the board of adjustment. (2) If two (2) or more lots or combinations of lots and portions of lots with continuous frontage in angle {single} ownership are of record at the time of passage or amendment of this ordinance, and if all or part of the lots do not meet the requirements for lot width and area as established by this ordinance, the lands involved shall be considered to be an undivided parcel for the purposes of this ordinance, and no portion of said parcel shall be used or sold which does not meet lot width and area requirements established by this ordinance, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements in this ordinance. Sec. 45-63. Nonconforming uses of land. Where, at the effective date of adoption or amendment of this ordinance, lawful use of land exists that is made no longer permissible under the terms of this ordinance as enacted or amended, and where such use involves no individual structure with a replacement cost exceeding one thousand dollars ($1,000.00), such use may be continued, so long as it remains otherwise lawful, subject to the following provisions: (1) No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this ordinance; unless such use is changed to a use permitted in the district in which such use is located; (2) No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this ordinance; (3) If any such nonconforming use of land ceases for any reason for a period of more than ninety (90) consecutive days, any subsequent use of such land shall conform to the regulations specified by this ordinance for the district in which such land is located; (4) No additional structure which does not conform to the requirements of this ordinance shall be erected in connection with such nonconforming use of land. Sec. 45-64. - Nonconforming structures. Where a lawful structure exists at the effective date of adoption or amendment of this ordinance that could not be built under the terms of this ordinance by reason of restrictions on area, lot coverage, height, yards or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful subject to the following provisions: Page 41 of 44 (1) No such structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity; (2) Should such structure be destroyed by any means to an extent of more than fifty (50) percent of its replacement cost at time of destruction, as determined by the village engineer or village building official, it shall not be reconstructed except in conformity with the provisions of this ordinance; (3) Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations of the district in which it is located after it is moved. However, if an existing structure was legally permitted on its site prior to changes in the C -MU or C -NB zoning districts in 2020 but could not be built under the standards in the new district, that existing structure will continue to be deemed a lawful structure and will not be subject to the restrictions in paragraphs (1) and (2). Such structure may be expanded laterally and/or vertically without complying with all new requirements for building frontages, build -to zones, and parking lot setbacks, provided the expansion brings the structure considerably closer to the 2020 requirements than the existing structure. Sec. 45-65. Nonconforming uses of structures or of structures and premises in combination. (1) If a lawful use involving individual structures with a replacement cost of one thousand dollars ($1,000.00) or more, or of structure and premises in combination, exists at the effective date of adoption or amendment of this ordinance, that would not be allowed in the district under the terms of this ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions: (a) No existing structure devoted to a use not permitted by this ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located; (b) Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this ordinance, but no such use shall be extended to occupy any land outside such building; (c) Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed; Page 42 of 44 (d) When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six (6) consecutive months or for eighteen (18) months during any three-year period (except when government action impedes access to the premises), the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located; (e) Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. Destruction for the purpose of this subsection is defined as damage to an extent of more than fifty (50) percent of the replacement cost at time of destruction. (2) If an existing use of a structure was legally permitted on its site prior to changes in the C -MU, C-3, or C -NB zoning districts in 2020 but is not listed as a permitted use in the new district, that existing use will continue to be deemed a permitted use and will not be subject to the restrictions in section 45-65(1)(a)- (c) and 45-65(1)e Notwithstanding; the foregoing, these uses will not be allowed to continue if discontinued or abandoned as defined by 45-65(1)(d). _(D(2) Nonconformities not involving the use of a principal structure, e.g., open storage, building supplies, vehicle, mobile home, implement and machinery storage, signs, billboards, junkyards, commercial animal yards and the like, shall be discontinued within two (2) years of the effective date of this ordinance or amendment. Section 28. The Village Council hereby amends Appendix C (Chapter 45), "Zoning," of the Village Code of Ordinances by adopting a new Article VIII, "Landscaping," as set forth in Exhibit 7 attached hereto and incorporated herein. Section 29. The provisions of this Ordinance shall become and be made a part of the Code of the Village of North Palm Beach, Florida. All cross-references to the names of zoning districts are hereby updated, including but not limited to those in Sections 45-20, 45-21, and 45-36, and any other sections that referred to the prior names for the zoning districts as follows: A. All references to the C-1 A, C 1 A, C -B or CB Zoning Districts shall be deleted. B. All references to the C -A or CA Zoning District shall be changed to the C -MU Zoning District. C. All references to the C -C or CC Zoning District shall be changed to the C -T Zoning District. D. All references to the C-1 or C 1 Zoning District shall be changed to the C -S Zoning District. E. All references to the C-2 or C2 Zoning District shall be changed to the C -G zoning district. Page 43 of 44 F. All references to the C-OS or COS zoning district shall be changed to the OS Zoning District. G. All references to the NBOZ Overlay Zoning District shall be changed to the C-NB Zoning District. Section 30. 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 31. All ordinances or parts of ordinances and resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 32. This Ordinance shall take effect upon the effective date of Ordinance No. 2020-05. PLACED ON FIRST READING THIS 13TH DAY OF AUGUST, 2020. PLACED ON SECOND, FINAL READING AND PASSED THIS 24TH DAY OF SEP'1EMBER, 2020. (Village Seal) t:"';Ji1 arse Ai TFryST:`r VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VILLAGE ATTORNEY MAYOR Page 44 of 44 ■ EXHIBIT 1 (C-A TO C-MU) Sec. 45-31. - C-MU US-1 mixed -use C A commercial district. 2 A. General description. This mixed -use district will encourage the 3 redevelopment of the US Hiuhwav 1 corridor into a vibrant mixed -use place 4 for businesses, visitors, and residents of North Palm Beach. A Citizens 5 Master Plan, adopted in 2016, envisioned the US Hiahwav 1 corridor 6 evolving into a better working and living environment with walkable and 7 bikeable streets, compact mixed -use buildings, and convenient access to 8 many forms of transportation. The C-MU zoning district is a form -based 9 code that uses clear and predictable standards to guide redevelopment into 10 this pattern. 11 This tourist commercial district is established to provide areas within which 12 the principal use of land is devoted to commercial establishments and 13 tourist oriented trade. The intent is to reserve land which, because of 14 particular location and natural featum, ;z laipted to local and tourist uses, 15 and to encourage the development of these locations fa vzr.1h uses and in 16 such a nxner as to minimize traffic hazards and interference with other 17 land uses. 18 B. Allowable uses. 19 1. Table 1 indicates allowable uses in the C-MU zoning district. 20 The following uses be permitted in the C A comma-aial 21 a. The uses listed in Table 1 are Grouped into four use Groups: 22 Residential Uses, Lodaina Uses, Business Uses, and Civic & 23 Education Uses. 24 b. In one of the columns following each listed use, a symbol is 25 provided to indicate that: 26 This use is permitted by right: or 27 ii This use may be approved as a special exception: see 28 section 45-16.2 for standards and procedures: or 29 iii) This use, like other uses not listed in Table 1, is not 30 permitted in the C-MU district. 31 c. Terms in Table 1 are defined in section 45-2 under "Use 32 Groups." 33 34 d. Also refer to section 45-16.1 on uses that are similar to uses listed in Table 1. Proposed Changes to C-A Zoning District Page 1 of 40 EXHIBIT 1 (C-A TO C-MU) Table 1 Allowable Uses PERMITTED SPECIAL NOT USE EXCEPTION PERMITTED RESIDENTIAL USES Mobile home nark Dwelling. one family detached Dwelling. all other dwelling types Live/work unit Assisted living facility Community residential home • • •2 •1 • • LODGING USES Bed -and -breakfast establishment • Hotel • Motel • Time-share unit • BUSINESS USES Offices. general • Office or clinic. medical or dental • Stores & services. general • Stores & services. large format • Adult entertainment Convenience store with fuel Dog daycare • Drive -through facility (for any use) • Garage. parking • Heavy commercial and light industrial Medical marijuana treatment center Restaurant or cocktail lounge • Brewery with offsite distribution • Telecommunications antennas • • • • • CIVIC & EDUCATION USES Child care facility Church or place of assembly • Civic space • Family day care • Govemment building • Hospital or medical center Public space • School. public or private • • • 1 1I Only as part of a mixed -use development that complies with Future Land Use 2 Policy 1.B.3 in the Comprehensive Plan 3 z Subject to the same reauirements as apply in the R-2 zoning district Proposed Changes to C-A Zoning District Page 2 of 40 EXHIBIT 1 (C-A TO C-MU) 1 2. The Comprehensive Plan establishes restrictions on certain nronerties 2 through classifications in the future land use atlas or through specific 3 policies. Current examples in the C-MU district include the following 4 parcels, which are indicated on the reaulatina plan: 5 a. 639 US Hiahwav 1 (assisted living facility) requires PUD 6 approval as a mixed -use development pursuant to Future Land 7 Use Policy 1.B.3. 8 b. 201-230 Mariner Court (condominium) is classified "Medium- 9 Density Residential," which restricts it to residential uses only, , 10 with density restricted by Special Policy 5.18. 11 c. 555 US Hiuhwav 1 (Faith Lutheran Church) is classified "Public 12 Buildings & Grounds." 13 d. 501 US Hiuhwav 1 (Village Hall) and 303 Anchorage Drive 14 (Library) are classified "Public Buildings & Grounds." 15 e. 560 US Hiuhwav 1 (Police Station) is classified as "Other Public 16 Facilities." 17 ? . Rotel, motels and time share units. 18 2. Restaurants and cocktail lounges where food and drink may be consumed on the premises 19 only and where eating- and serving areas are entirely contained within the building- or the 20 premises otherwise qualify under outdoor seating -provisions of Appendix C Zoning- not 21 including- drive in hamburger, ice cream, soft drink, or other drive in and/or carry out eating- 22 establishments. 23 3. Golf clubs and their accessory uses such as restaurant, cattail loung-es, driving -rang -ea 24 and golf equipment stores. 25 1. Financial institutions. 26 5. Professional offices, studios and clinics. 27 4. Pryr. o thibo cnd lodges. 28 7. Veterinary establishments, provided that all animals shall be kept inside soundproof and air 29 conditioned buildings; provided there are no animal cemeteries used in connection therewith. 30 8. Funeral homes; provided that no process for the disposal of bodies is used in connection 31 therewith, including cremation. 32 9. Churches and/or auditoriums. 33 10. Personal service establishments, suctxn INaborshops, beauty shops, health salons. 34 11. Utility company offices. 35 12. Florist shops. 36 13. Clothing stores. 37 11. Stationery stores, took otores and/or art supply shops. 38 5. Phamacies or apothecaries. 39 16. Photographic studios and camera shops. 40 17. Bakery shops, where products are sold at retail only. 41 ? °. S.porting goods stores. 42 19. Personal gift shops. 43 20. Jewelry stores. 44 21. Marinas and their accessory usx xcKNag wet boat storage facilities, gasoline supplies, minor 45 repair facilities that are incidental to wet boat storage and do not involve large boats and/or 46 engine overhaul. Proposed Changes to C-A Zoning District Page 3 of 40 EXHIBIT 1 (C-A TO C-MU) 1 C. Regulating plan and street frontages. Conditions for permitted uses. 2 1. The C-MU zoning district includes a reaulatina elan that shows 3 existing conditions (e.a. lot lines, building footprints, and rights-of- 4 way) and then defines how and where certain regulations will apply 5 (e.a. setbacks and height restrictions). The reaulatina plan for the C- 6 MU district is presented in Figures 1 through 4. 7 2. The reaulatina plan also defines the street frontages of all lots as either 8 corner, mid -block, or local street. These street frontage types 9 determine allowable building frontages. The building frontage type 10 selected by a landowner determines many of the specific regulations 11 that will apply to redevelopment, including the build -to zone or 12 setback along the street frontage. See subsection 45-31.D for details. 13 3. The remainder of the C-MU district provides standards on these 14 subiects: 15 a. Site and bulk standards are provided in subsection 45-31.E, 16 including setbacks, build -to zone, building frontage standards, 17 building height, floor and ceiling height, density , and landscape 18 standards. 19 b. Architectural features are addressed in subsection 45-31.F, 20 including entrances, facade transparency, awnings, balconies, 21 and bay windows. 22 C. Street, alley. and easement standards are provided in subsection 23 45-31.G. 24 d. Parking standards are provided in subsection 45-31.H. 25 e. Review procedures are provided in subsection 45-31.I. 26 1. All activities (except restaurants that qualify under outdoor seating -provisions of 27 €i x C Zo g, golf club , s�v ng� s a Pe ste g€ saps -ate 28 storage of goods must be conducted entirely within completely enclosed buildings 29 with permanent nonmoving outside walls. 30 N outside sidewalk or parking lot storage or display of merchandise will be 31 pe-PFaitt-ed. 32 3. N. ..- „ f ct,,,-;ng o feEk ctien of products f , retail o whole ale -y :11 be r -n:tted 33 except for bakeries and their related retail sales items. 34 1. All new 11),a.:.rA' and major improvements to existing marina' 'hall provide sewage 35 pump out service to boats seven (7) meters (twenty two and ninety seven hundredths, 36 (22.97) feet) in length or more. Proposed Changes to C-A Zoning District Page 4 of 40 1 EXHIBIT 1 (C-A TO C-MU) Figure 1 Re2ulatin2 Plan, Yacht Club Dr. to Anchorage Dr (north) 1 Yacht Club Dr. NORTH PALM BEACH COUNTRY CLUB Anchorage.Dr. North f • Build -to zone, midblock - . - • Build -to zone, corners — — Setback, local street 25 feet from rear 50 feet from rear New streets permitted See sec. 45-31.B Sidewalk coati ici n • C-A zoning district Lot lines Existing buildings Street right-of-way s LJ i Feet 75 150 300 Proposed Changes to C-A Zoning District Page 5 of 40 1 EXHIBIT 1 (C-A TO C-MU) Figure 2 Reeulatin2 Plan, Anchorage Dr (north) to Liththouse Dr. Anchorage Dr. North lighthouse D. I - Build -to zone, midblock • • • • Build -to zone, corners — — Setback, local street 25 feet from rear 50 feet from rear New streets permitted See sec. 45-31.B Sidewalk easement C-A zoning district Lot lines Existing buildings Street right-of-way • LJ i Feet 75 150 300 Proposed Changes to C-A Zoning District Page 6 of 40 1 EXHIBIT 1 (C-A TO C-MU) Regulating Plan. Lighthouse Dr. to Ebbtide Dr. Build -to zone, midblock • • • • Build -to zone, corners — — Setback, local street 25 feet from rear 50 feet from rear New streets permitted See sec. 45-31.B Sidewalk easement lb • . • C-A zoning district Lot lines Existing buildings Street right-of-way Proposed Changes to C-A Zoning District Page 7 of 40 1 EXHIBIT 1 (C-A TO C-MU) Figure 4 Re2ulatin2 Plan, Ebbtide Dr. to Earman River Build -to zone, midblock • • • • Build -to zone, corners — — Setback, local street 25 feet from rear 50 feet from rear • New streets permitted See sec. 45-31.B Sidewalk easement C-A zoning district Lot lines Existing buildings Street right-of-way Feet 75 150 300 Proposed Changes to C-A Zoning District Page 8 of 40 ■ EXHIBIT 1 (C-A TO C-MU) 1 D. Building frontage types. 2 1. The allowable building frontage tunes for each lot are determined by 3 the designated street frontage for that lot. 4 a. Three types of street frontages are defined on the regulating plan 5 for existing streets: Corner, Mid -block, or Local Street. 6 b. A landowner may select any of the allowable building frontage 7 tunes shown on Table 2 for the street frontage shown on the 8 regulating elan. 9 j For lots with two street frontages, building frontages must 10 be selected for each street frontage. 11 ii A landowner with enough frontage on a street to 12 accommodate two or more permitted building frontages 13 may designate the corresponding building frontages for that 14 street frontage. 15 iii Regulations for each building frontage are summarized in 16 Table 3 through 8. 17 c. Table 2 also shows a fourth street frontage, which applies only if 18 a landowner chooses to construct a new street between US 19 Highway 1 and the alley in the areas designated on the regulating 20 plan: see subsection 45-31.G for details. 21 Table 2 Allowable Building Frontages For Each Street Frontage Building Frontage Tvnes TREET FRONTAGE TYPES 11.1r CORNER MID -BLOCK LOCAL NEW STREET STREET Gallery Frontage (Table 3) • • o • Storefront Frontage (Table 4) • • o • Forecourt Frontage (Table 5) o • •• • - 1 Stoop Frontage (Table 6) o • •• • 1 Canopy Frontage (Table 7) • • o •• Lobby Frontage (Table 8) o • •• • - 1 Key: Building frontage permitted: • Building frontage not permitted: 0 Building frontage permitted beyond 150' from US Highway 1 only: • 1 22 2. Tables 3 through 8 summarize the regulations for each building 23 frontage. Regulations that do not vary by building frontage type, such 24 as permitted uses and building heights, are described throughout 25 section 45-31. Proposed Changes to C-A Zoning District Page 9 of 40 EXHIBIT 1 (C-A TO C-MU) Table 3 Buildin A gallery is a roofed promenade extending along the wall of a building and supported by arches or columns on the outer side. A gallery shields space below like a canopy but provides Gallery Plan Build -to -Zone (BTZ) -------------- 1— BTZ Sidewalk Street ROW or easement Setbacks (see 45-31.E.1.a) Build -to Zone Build -to zone: (see 45-31.E.1.b) 0 min., 10' max. D, E Building Frontage Standards (see 45-31.E.2) Percentage: 70% min. Building Height (see 45-31.E.3) Floor and Ceiling Height (see 45-31.E.4) Landscape Standards (see 45-31.E.5) Streetscape Standards (see 45-31.E.6) 2 Frontage: GALLERY usable space above, either private open space or fully enclosed space. Depending on its design, a gallery can be an arcade, a colonnade, or a primarily decorative feature. Gallery Cross -Section Key / Build -to -Zone (BTZ) I Sidewalk BTZ ROW or easement Main Entrance (see 45-31.F.1) Facade Transparency Ground story: 30% min. Upper stories: 20% min. (see 45-31.F.2) Encroachments (see 45-31.F.3) Awnings • (see 45-31.F.4) Balconies (see 45-31.F.5) Bay Windows (see 45-31.F.6) Parking Standards (see 45-31.H) Gallery Dimensions Width: 10' min. Depth: 8' min. clear path for pedestrians Setback from curb: 2' min.; except 8' min. along US Highway 1 F G H Ceiling height: Overall height: Cumulative gallery width: 10' min. clear for ground story 9' min. clear for upper story 10' min., 40' max. 70% of building frontage I J K Proposed Changes to C-A Zoning District Page 10 of 40 EXHIBIT 1 (C-A TO C-MU) Table 4 Buildine A storefront is a flexible space at the sidewalk level that is directly accessible by pedestrians and suitable for retail sales. A storefront has a mostly transparent facade and a gallery, canopy, or awning that shades the storefront's windows and doors and the sidewalk. Frontaee: STOREFRONT Main entrances to each storefront open directly onto the sidewalk or onto a forecourt. Storefronts that are part of the storefront frontage type create the best pedestrian and retail experience. Storefront Plan Storefront Cross -Section Key / Build -to -Zone (BTZ) Sidewalk Street AROW or easement Key Build -to -Zone (BTZ) Sidewalk arz RO orW easement Storefront Front Elevation expression inr [Setbacks (see 45-31.E.1.a) Main Entrance (see 45-31.F.1) Build -to Zone Build -to zone: (see 45-31.E.1.b) 0' min., 5' max. D, E Building Frontage Standards (see 45-31.E.2) Percentage: 60% min. Building Height (see 45-31.E.3) Floor and Ceiling Height it (see 45-31.E.4) Ground -story elevation: .5' max. A Ground -story ceiling: 12' min., 16' max. B Landscape Standards (see 45-31.E.5) Streetscape Standards (see 45-31.E.6) Facade Transparency + Ground story: 70% min. Upper stories: 40% min. (see 45-31.F.2) Encroachments (see 45-31.F.3) Awnings I (see 45-31.F.4) Balconies (see 45-31.F.5) Bay Windows (see 45-31.F.6) Parking Standards (see 45-31.H) Storefront Dimensions air Cover depth: Cover height: Setback from curb: Door recess: Cumulative storefront width: 4' min. 10' min. clear 2' min.; except 8' min. along US Highway 1 5' max. 70% of building frontage min. E F G H I Door intervals: Window sill height: Top of windows: Expression line: No more than 50' apart 1' min., 3' max. 8' min. 10' min. and below second story K L M Proposed Changes to C-A Zoning District Page 11 of 40 EXHIBIT 1 (C-A TO C-MU) Table 5 Building Frontage: FORECOURT A forecourt is a small private open space that is open to the sidewalk and bounded on two or three sides by the exterior walls of buildings. Forecourt Plan — ❑ L 71_1 Key %///// Build -to -Zone (BTZ) Sidewalk Street BTZ ' ROW or easement Setbacks (see 45-31.E.1.a) Build -to Zone (see 45-31.E.1.b) Build -to zone: 5' min., 20' max. D Building Frontage Standards (see 45-31.E.2) Percentage: 60% min. Building Height (see 45-31.E.3) Floor and Ceiling Height (see 45-31.E.4) Landscape Standards (see 45-31.E.5) Streetscape Standards (see 45-31.E.6) Forecourt Dimensions j Width of individual 15' min. forecourts: Depth: Width of combined forecourts: 10' min., 40' max. 10' min., 40% max. of building frontage G Although forecourts are allowed on most building frontages, one or more forecourts are dominant features on the facade in the forecourt building frontage. Key Forecourt Cross -Section Build -to -Zone (BTZ) BTZ Sidewalk I ROW or easement Main Entrance (see 45-31.F.1) Facade Transparency Ground story: 30% min. Upper stories: 20% min. (see 45-31.F.2) Encroachments (see 45-31.F.3 Awnings (see 45-31.F.4) Balconies (see 45-31.F.5) Bay Windows (see 45-31.F.6) Parking Standards (see 45-31.H) Review Procedures (see 45-31.1) Proposed Changes to C-A Zoning District Page 12 of 40 EXHIBIT 1 (C-A TO C-MU) Table 6 Buildine Frontaee: STOOP Stoops are staircases and elevated entrance platforms that lead to main entrances. Stoop Plan *y / Build -to -Zone (BTZ) Sidewalk Street ROW or easement Setbacks (see 45-31.E.1.a) Build -to Zone Build -to zone: (see 45-31.E.1.b) 5' min., 20' max. D Building Frontage Standards Percentage: 60% min. Building Height (see 45-31.E.2) Stoops are generally taller than porches to match the higher ground -story floors that are needed to maintain privacy in urban areas. Stoop Cross -Section Key Build -to -Zone (BTZ) RO orW easement StrePt Main Entrance (see 45-31.F.1) Facade Transparency Ground story: 20% min. Upper stories: 20% min. (see 45-31.E.3) Encroachments 1 Floor and Ceiling Height Ground -story 3' min. (see 45-31.F.2) (see 45-31.F.3) (see 45-31.E.4) Awnings A Landscape Standards (see 45-31.F.4) (see 45-31.E.5) Balconies Streetscape Standards (see 45-31.F.5) (see 45-31.E.6) Bay Windows Stoop Dimensions Spacing of stoops: Width: Depth: Ceiling height: Elevation: 28' on center (average) 5' min., 8' max. 5' min., 8' max. 8' min. 3' min. above sidewalk F G H I (see 45-31.F.6) Parking Standards (see 45-31.H) Review Procedures (see 45-31.I) Proposed Changes to C-A Zoning District Page 13 of 40 EXHIBIT 1 (C-A TO C-MU) Table 7 Building Frontage: CANOPY A canopy frontage contains a permanently attached rigid canopy that projects outward Canopy Plan Key %////// Build -to -Zone (BTZ) A 0 Sidewalk Street BTZ RO orW easement Setbacks (see 45-31.E.1.a) Build -to Zone Build -to zone: (see 45-31.E.1.b) 0' min., 10' max. D, E Building Frontage Standards Percentage: 60% min. Building Height (see 45-31.E.2) (see 45-31.E.3) Floor and Ceiling Height (see 45-31.E.4) Landscape Standards (see 45-31.E.5) Streetscape Standards (see 45-31.E.6) Canopy Dimensions Height: 10' min. clear Depth: 8' min. Cumulative width: 60% min. of building frontage Setback from curb: 2' min.; except 8' min. J along US Highway 1 G from the facade to shield the main entrance, windows, and sidewalk from the elements. Canopy Cross -Section Key Build -to -Zone (BTZ) Sidewalk BTZ : RO orW orW easement Main Entrance (see 45-31.F.1) Facade Transparency Ground story: 30% min. Upper stories: 20% min. (see 45-31.F.2) Encroachments see 45-31.F.3 Awnings (see 45-31.F.4) Balconies (see 45-31.F.5) Bay Windows (see 45-31.F.6) Parking Standards (see 45-31.H) H Review Procedures I (see 45-31.I) Proposed Changes to C-A Zoning District Page 14 of 40 EXHIBIT 1 (C-A TO C-MU) Table 8 Building Frontage: LOBBY Lobby frontages provide one or more prominent entrances to internal lobbies that are visible from the street and sidewalk. Lobby Plan (Indented) Key r ;55z Build -to -Zone (BTZ) Sidewalk Street BTZ ROW or easement Setbacks (see 45-31.E.1.a) Lobby Plan (Extended) 0 Sidewalk Street Cey / Build -to -Zone (BTZ) Main Entrance (see 45-31.F.1) Build -to Zone (see 45-31.E.1.b) Facade Transparency Build -to zone: 5' min., 20' max. D Ground story: 30% min. Building Frontage Standards (see 45-31.E.2) Upper stories: 20% min. Percentage: 60% min. Building Height (see 45-31.F.2) (see 45-31.E.3) Encroachments (see 45-31.F.3) Floor and Ceiling Height Landscape Standards (see 45-31.E.4) Awnings (see 45-31.F.4) (see 45-31.E.5) Balconies (see 45-31.F.5) Streetscape Standards (see 45-31.E.6) Bay Windows (see 45-31.F.6) Dimensions of Lobby Entrances Depth: 10' min., 15' max. H Parking Standards (see 45-31.H) Width: 10' min., 30' max. I Review Procedures (see 45-31.I) Proposed Changes to C-A Zoning District Page 15 of 40 EXHIBIT 1 (C-A TO C-MU) 1 E. Building Site arca regulations. and bulk standards. 2 1. Setbacks and build -to zones. 3 a. Setbacks. Minimum setbacks between buildings and side, rear, 4 and Local Street front lot lines are illustrated on Figure 5 and 5 established as follows: 6 j Side setbacks ("A") are 0 feet 7 ii Rear setbacks ("B") are 0 feet (measured from the new 8 easement for lots located along alleys). 9 iii Local Street front setbacks ("C") are 15 feet 10 b. Build -to zone. A build -to zone is specified for each frontage 11 tune: see Tables 3 through 8. The build -to zone is parallel to the 12 street frontage and is measured from the front lot line, except 13 along US Hiahwav 1 where it is measured from the new 14 sidewalk easement which is required by subsection 45-31.G. 15 Figure 5 shows build -to zones as "D" for mid -block lots and as 16 "E" for corner lots and lots facing new streets. A portion of a 17 building's facade that faces that street frontage must be placed 18 within the specified build -to zone (see explanation in subsection 19 45-31.E.2). 20 For properties facing New Streets as defined in subsection 21 45-31.G, build -to zones ("D" and "E") are measured from 22 the outer edges of the new sidewalks (see Figure 12). 23 ii Allowable encroachments beyond the build -to zone are 24 specified in subsection 45-31.F.3. 25 iii For properties facing Local Streets, the front setback ("C") 26 shall be observed instead of the build -to zone. Proposed Changes to C-A Zoning District Page 16 of 40 EXHIBIT 1 (C-A TO C-MU) cross street Figure 5 Setbacks and Build -To Zones J I Local Street — t � t © ; ®ii1—® u 0 II US Highway 1 Foss street 1 1 1 1 1 1 i 1 1 1 1 1 1 1 11 - --^=-0 11 1 1 1 1 1. `-'- ® I I ® 150' 0i14-0 ®i14—® I iM6# • II II l III I US Highway 1 1 1. Minimum building lot size. The minimum lot of building site area for each 2 commercial building shall be sixteen thousand (16,000) square feet and have a width 3 of not less than eighty (80) feet measured at the front and rear lot lines and at the 4 front building- line. 5 2. Maximum lot covcragc. Main and accessory buildings shall cover no more than 6 thirty five (35) percent of the total lot area. 7 3. Minimum lot covcragc. No main and accessory building >hhall'ae constructed that 8 would occupy less than ten (10) percent of the total lot area or two thousand (2,000) 9 square feet, whichever is greater. 10 F. Yards. 11 1. Front yards. All buildings facing U.S. [LZg-hway No.] 1 zhl' zet back from the 12 rig-ht of way to provide a front yard of not 17K zeventy (70) feet. All buildings 13 shall [be] set back from the rights of way of streets which intersect with U.S. 14 [Highway No.] 1 providing a yard of not less than twenty five (25) feet. 15 3. E'de yards. All buildings lcc✓ tk. -enty five (25) feet in heig-ht or two (2) stories 16 in height shall [be] set back from side lot lines so as to provide side yards of not less- /7 than twenty (20) feet. 18Allliei 'ing three 3-) sto eS in eigi zl' [be] set back from side lot lines so as to 19 provide side yards of not lccc%k� r. enty five (25) feet. 20 All buildings four (1) stories in height shall [be] set back from side lot lines so as to 21 provide side yards of not less than thirty (30) feet. 22 3. Rear yard. All buildings less than twenty five (25) feet in height or two (2) stories 23 in heig-ht shall be set back from the rear lot line so as to provide a rear yard of not 24 less than thirty (30) feet. 25 All ,* i1d ngs t1 ee 3-) st rieS ;n he gi zyml [be] set back from the rear lot line so as 26 to provide a rear yard of not 17K t' ..x thirty five (35) feet. 27 All buildings four (1) stories in heig-11L [be] set back from the rear lot line so as 28 to provide a rear yard of not less than forty (1 0) feet. New Street Proposed Changes to C-A Zoning District Page 17 of 40 EXHIBIT 1 (C-A TO C-MU) 1 2. Building frontage standards. The portion of a new building's facade 2 that is located in the build -to zone is called the building frontage. The 3 width of the building frontage must comply with the building frontage 4 percentage standards for each building frontage tube (see Tables 3 5 through 81. 6 a. Building frontage percentages are calculated by dividing the 7 width of a building or buildings lvina within the build -to zone 8 (A) by the width of the lot along the same street frontage (B), as 9 shown in Figure 6. 10 b. Minimum building frontage percentages are specified for each 11 building frontage type in Tables 3 through 8. 12 If two building frontage types are used on a wide street 13 frontage, the specified percentages are measured for each type. 14 ii When buildings are being added or expanded, waivers may be 15 requested in response to specific site limitations. 16 c. For certain architectural features described in this code, a portion 17 of a building's facade that lies outside the build -to zone may be 18 counted as building frontage. Examples are forecourts or lobby 19 entrances that comply with the standards in Tables 5 or 8. 20 d. For properties with multiple street frontages, see Figure 5. Fieure 6 Buildine Frontaee Percentaees Key / Build -to -Zone (BTZ) - - — - Side Lot Line 0 Building Frontage Q tot Width BTZ LL I'1: Sidewalk Street I ROW or easement Proposed Changes to C-A Zoning District Page 18 of 40 EXHIBIT 1 (C-A TO C-MU) 1 3. Densitv. Residential density in the C-MU zoning district may not 2 exceed 24 units per acre. The acreage in this formula is the total area 3 enclosed by the lot lines of the site being developed, including existing 4 easements and including any land being dedicated for additional right- 5 of -way or easements. The residential density of a mixed -use 6 development in the C-MU zoning district shall be increased from 24 to 7 36 units per acre provided a development is consistent with the 8 workforce housing density bonus granted by Policy 1.B.2 in the 9 Comprehensive Plan. 10 4. BuildinE heieht. 11 a. Buildings may bell]) to 4 stories tall in the C-MU zoning district. 12 except that: 13 j Within 25 feet of the rear property line, no portion of a 14 building may exceed 2 stories. 15 ii Within 50 feet of the rear property line, no portion of a 16 building may exceed 3 stories. 17 iii The 25-foot and 50-foot restrictions are depicted on the 18 regulating plan. 19 iv) A waiver to allow 5 stories rather than 4 stories may be 20 requested on land north of Anchorage Drive North only. . 21 b. For the purpose of calculating the number of stories in a 22 building, stories shall be defined as the space between finished 23 floor and finished ceiling, adiusted as follows: 24 Each level devoted to parking is considered as individual 25 story when calculating the number of stories in a building, 26 except where parking levels are screened by other rooms in 27 the same building or screened by a liner building that is at 28 least two stories tall with rooms at least 20 feet deep. 29 ii When parking levels are constructed on a slope or are 30 connected by sloping or circular ramps, the number of 31 stories will be based on the non -sloped area. If there are no 32 non -sloped areas, the number of stories will be counted as 33 the highest parking level plus each parking level below. 34 iii A mezzanine will not count towards the number of stories 35 provided that the total area of mezzanine level is less than 36 40 percent of the floor area of the main story below. 37 iv Buildings may include a partial story above the maximum 38 number of stories otherwise allowed provided the floor area 39 of the partial story is less than 30% of the floor area of the 40 story below. Developers are encouraged to utilize this 41 allowance on portions of buildings that are closest to street 42 intersections and for architectural features such as towers or 43 cupolas. Proposed Changes to C-A Zoning District Page 19 of 40 EXHIBIT 1 (C-A TO C-MU) 1 vl Rooftop gardens, pools, restaurants or cocktail lounges are 2 permitted. All rooftop facilities shall be sufficiently 3 screened from the street and adiacent properties. Adequate 4 trees, shrubs, or areenspace shall be provided on any active 5 rooftop facility. Only portions of the rooftop that are 6 enclosed will count as a partial building story. A waiver 7 may be Granted to allow a rooftop restaurant or cocktail 8 lounge to exceed the 30% partial story allowance in 45-31 9 (4) (b) (iv). 10 c. The maximum height of a building in feet is controlled by the 11 maximum ceiling heights for individual stories, as provided in 12 subsection 45-31.E.5. 13 D. Building height regulations. No building or structure shall 14 exceed four (1) stories or forty four (11) feet. Elevator towers 15 and mechanioal apparat ,s e „t e tricted e the f rt y four foot 16 limit.5. 17 5. Floor and ceiling height. 18 a. This code provides standards for the elevation of certain around- 19 story floors and minimum/maximum dimensions for ceiling 20 heights. Figure 7 and Table 9 illustrate how these standards are 21 measured: 22 Q) Floor elevations are measured from the existing or 23 anticipated sidewalk to the top of the finished floor of the 24 around story. 25 ii Ceiling heights are measured from the top of the finished 26 floor to the underside of the tallest finished ceiling of each 27 story: see exceptions in subsection b. Proposed Changes to C-A Zoning District Page 20 of 40 EXHIBIT 1 (C-A TO C-MU) Figure 7 Floor and Ceiling Measurements Sidewalk Street Key / Build -to -Zone (BTZ) RO orW easement 1 Table 9 Floor and Ceiling Standards Min. Max. Key Elevation of ground -story floor above sidewalk: Storefront only no min. 0.5' A Stoop only 3' no max. A All other building frontage types no min. no max. A Height of ground -story ceiling: Storefront only 12' 16' B All other building frontage types 9' 14' B Height of upper -story ceilings: 9' 12' C Space between ceiling and floor above no min. 4' D 2 3 4 b. Ceiling height exceptions. The minimum and maximum ceiling 5 height standards in Table 9 do not apply in the following 6 circumstances: 7 A story in or under a building that is devoted to parking is 8 counted as a story when calculating the number of stories in 9 a building, but does not need to comply with the minimum 10 or maximum ceiling heights in Table 9. 11 ii When the total area of mezzanine level is less than 40 12 percent of the floor area of the story below, the mezzanine Proposed Changes to C-A Zoning District Page 21 of 40 EXHIBIT 1 (C-A TO C-MU) 1 level does not need to comply with the minimum ceiling 2 heizhts in Table 9. 3 iii Individual rooms without finished ceilings, such x utility 4 or storage rooms, do not need to comply with the minimum 5 or maximum ceiling heights in Table 9 provided that the 6 remainder of that story complies with the minimum and 7 maximum heights. 8 6. Landscape standards. 9 a. Landscaping required. Landscaping shall be required in the 10 following areas as required by the village's landscaping 11 requirements: 12 Miscellaneous landscape elements, as required in section 13 45-88: 14 ii Off-street narking lots, as required in section 45-89: 15 iii Site perimeters, as required in section 45-90: and 16 iv Base of foundation, as required by section 45-91. 17 b. Special requirements for C-MU zoning district. The village's 18 landscanina requirements contain certain special requirements 19 for the C-MU zoning district: 20 j Section 45-90 requires minimum buffer widths for site 21 perimeters. 22 • These buffer widths do not apply in front of buildinzs 23 that meet the standards for a aallerv, storefront, or 24 canopy building frontage type. See Table 45-90. 25 • Along US Hiahwav 1, buffer strips in front yards may 26 not be planted on a sidewalk easement. See section 45- 27 34.1.G. 28 ii Section 45-91 requires landscaped areas around the base of 29 foundations. This requirement does not apply in front of 30 buildings that meet the standards for a aallery , storefront, 31 or canopy buildinz frontage type. 32 F. Architectural features. Requirements are provided below for the location 33 of a building's main entrance and the percentage of transparent oneninzs on 34 its facade. Allowances are then provided for certain architectural elements 35 that may encroach into setbacks and build -to zones and in some cases over 36 riahts-of-way. 37 1. Main entrance. 38 a. A building's main entrance is its principal point of access for 39 pedestrians. All buildings must have their main entrance facing a 40 street frontage, or a courtyard or forecourt that is entered from a 41 street frontage. Additional entrances are encouraged. Proposed Changes to C-A Zoning District Page 22 of 40 EXHIBIT 1 (C-A TO C-MU) 1 b. Buildings fronting on two streets must have a pedestrian entrance 2 on both streets. 3 c. Additional rules for storefront doors are provided in Table 4. 4 2. Facade transparency. 5 a. Transparency means the amount of transparent window class or 6 other openings in a building's facade along a street frontae, 7 relative to the overall surface area of the facade. This ratio is 8 expressed as a percentage and is calculated separately for the 9 around story of a facade and for each upper story. 10 b. Building facades along a street frontage must meet the minimum 11 facade transparency requirements in Table 10 to provide natural 12 surveillance of sidewalks and streets, to provide interior davliaht, 13 and to allow clear views into storefronts. 14 c. Facade transparency percentages are calculated for the area 15 between the finished floor and finished ceiling of each story 16 along each street frontage: see Figure 8. For the purposes of 17 these measurements: 18 j Glazed windows and doors with tinted class or applied 19 films will be considered transparent if they transmit at least 20 50% of visible davli.ht. 21 ii The transparent area of windows and doors includes rails 22 and stiles as well as muntin bars and other separators within 23 primarily glazed areas: but the transparent area excludes 24 outer solid areas such as iambs, sills, and trim. 25 Proposed Changes to C-A Zoning District Page 23 of 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 EXHIBIT 1 (C-A TO C-MU) Table 10 Facade Transparency Building Ground Frontage Story Gallery 30% min Storefront 70% min Forecourt 30% min Stoop 20% min Canopy 30% min Lobby 30% min Percentages Each Upper Story 20% min. 40% min. 20% min. 20% min. 20% min. 20% min. Figure 8 Calculating Facade Transparency 0 ...... ........ ..• .. • . . • • • 0 • 0 O [El 0 O • 0 Ground Story Facade Transparency Second Story Facade Transparency Third Story Facade Transparency area of 0+0+0 0*Q area of 0+0+0 0*0 area of 0+0+0 0*Q 3. Encroachments. Many architectural elements described in subsections 45-31.D and 45-31.F may nroiect beyond the closest point to a property line where an exterior wall may be constructed. Table 11 identifies the allowable nroiections: the key column refers to Figure 5. a. On private property. These elements may nroiect into side or rear setbacks and nroiect forward beyond the build -to zone including onto sidewalk easements to the extent permitted by Table 11 provided this code's reauirements for each element are met. b. On public property. Some of these elements may also extend horizontally over a public right-of-wayin accordance with those regulations to the extent permitted by Table 11 provided this code's requirements for each element are met in addition to these general requirements: Must maintain at least 10' of vertical clearance. ii Must meet any insurance or liability requirements established by the Village Attorney. Proposed Changes to C-A Zoning District Page 24 of 40 1 2 3 4 5 Side (interior) (all features) Rear (all features) Front (on private nronerty facing a local street)) Front (on private nronertv facing all other streets) Front (on public nronertv facing all other streets): Gallery (Table 3) Storefront cover Forecourt Stoop Canopy Lobby Awning Balcony Bay window (Table 4) (Table 5) (Table 6) (Table 7) (Table 8) (45-31.F.4) (45-31.F.5) (45-31.F. 6) EXHIBIT 1 (C-A TO C-MU) iii) Must obtain prior approval from the responsible entity for any encroachment over a riuht-of-way not maintained by the village, such as US Hiahwav 1. c. Sidewalk cafes with outdoor table service may be provided on public sidewalks when in compliance with all village codes. Table 11 Encroachments Dimension 4' max. into side setback 4' max. into rear setback 4' max. into front setback Key A B C no max. on private property D, E un to 2' from curb: except ur to 8' from curb along US Hiahwav 1 LID to 2' from curb: exce2t ur to 8' from curb along US Hiahwav 1 no encroachment allowed no encroachment allowed LID to 2' from curb: except ur to 8' from curb along US Hiahwav 1 no encroachment allowed LID to 2' from curb: except ur to 8' from curb along US Hiahwav 1 LID to 2' from curb: except ur to 8' from curb along US Hiahwav 1 un to 2' from curb [upper stories only): except up to 8' from curb along US Hiahwav 1 D,E D,E D,E D,E D,E D,E D,E D,E D,E 6 4. Awnings. 7 a. An awning is a flexible cover that nroiects outward from a 8 building's exterior wall to shield a window, door, sidewalk, or 9 other space below from the elements. 10 b. To encourage the construction of awnings, awnings are allowed 11 to nroiect horizontally beyond the closest point to a property line Proposed Changes to C-A Zoning District Page 25 of 40 EXHIBIT 1 (C-A TO C-MU) 1 where an exterior wall may be constructed, including over a 2 public right-of-way. See subsection 45-31.F.3 for allowances and 3 limitations on such encroachments. To qualify for these 4 encroachments, the awning must meet the following 5 requirements: 6 j The death of the awning from the face of the building must 7 be at least 4 feet. 8 ii The height of the awning from the sidewalk to the 9 underside of the awning must be at least 10 feet. 10 iii High -gloss or elasticized fabrics may not be used. 11 iv Awnings may not be back -lit. 12 Table 12 Depth Height Awning Dimensions Dimension Key 4' min. E 10' min. clear F Figure 9 Awning Key // Build -to -Zone (BTZ) BTZ ROW or easement Street 13 5. Balconies. 14 a. A balcony is an unenclosed private open space that typically 15 proiects outward from a buildin's exterior wall. 16 b. To encourage the construction of balconies, balconies are 17 allowed to proiect horizontally beyond the closest point to a 18 property line where an exterior wall may be constructed. 19 Balconies in upper stories may also proiect horizontally over a 20 public right-of-way. See subsection 45-31.F.3 for allowances and Proposed Changes to C-A Zoning District Page 26 of 40 EXHIBIT 1 (C-A TO C-MU) 1 limitations on such encroachments. To aualifv for these 2 encroachments, the balcony must meet the requirements in Table 3 13. 4 5 6 Table 13 Balcony Dimensions Dimension Key Depth 4' min. E Height 10' min. clear F Figure 10 Balcony Key //// z Build -to -Zone (BTZ) 6. Bav windows. /'i y Sidewalk ROW or easement Street 7 a. A bay window creates interior space that projects outward from a 8 building's exterior wall. 9 b. To encourage the construction of bay windows, bay windows are 10 allowed to nroiect horizontally beyond the closest point to a 11 pronerty line where an exterior wall may be constructed. Bay 12 windows in upper stories may also project horizontally over a 13 public right-of-way. See subsection 45-31.F.3 for allowances and 14 limitations on such encroachments. To aualifv for these 15 encroachments, the balcony must meet the requirements in Table 16 14. Proposed Changes to C-A Zoning District Page 27 of 40 1 EXHIBIT 1 (C-A TO C-MU) Table 14 Bav Window Dimensions Dimension Key Depth 4' min. E Height 2 stories max. F Figure 11 Bav Window Key %///// Build -to -Zone (BTZ) f% Y Sidewalk Street, ROW or easement 2 G. Street. alley. and easement standards. 3 1. New streets. Landowners may choose to construct a new street 4 between US Hiahwav 1 and the alley in the areas designated on the 5 reaulatina elan. The following standards apply to any such new 6 streets: 7 a. Cross-section. New streets shall be designed in accordance with 8 Figure 12 and constructed by the developer concurrently with the 9 development. 10 11 12 13 14 Proposed Changes to C-A Zoning District Page 28 of 40 EXHIBIT 1 (C-A TO C-MU) Description: Width of right-of-way Movement tube Target speed Width of pavement Travel lanes Bicycle facilities On -street parking Pedestrian facilities Furnishing strip: Planter type Tree spacing Figure 12 Details: 60' Slow 25 mph 36' 10' travel lanes shared travel lanes 8' parallel parking 12' sidewalks 5' by 5' tree crates 30' average Key: A B C C D E F Proposed Changes to C-A Zoning District Page 29 of 40 EXHIBIT 1 (C-A TO C-MU) 1 b. Other design and construction standards. On subiects where 2 Fiaure 12 does not provide design Guidance, for instance 3 driveway widths and curb radii at intersections, design shall be in 4 accordance with NACTO's Urban Street Design Guide. 5 j Pavement, subgrade, drainage, and utilities must meet 6 construction specifications of the Village of North Palm 7 Beach. 8 ii The construction specifications for sidewalks in section 24- 9 43 apply along new streets. 10 iii Street trees must be planted and maintained on both sides 11 of new streets. 12 iv Where an Applicant demonstrates that an alternative street 13 design achieves a better outcome, waivers may be granted 14 from specific standards in Figure 12. 15 C. Ownership and maintenance. New streets shall be owned and 16 maintained privately unless another entity acceptable to the 17 Village of North Palm Beach accepts this responsibility. 18 Irrespective of ownership and maintenance, landowners must 19 guarantee perpetual public access to new streets in a form 20 suitable to the Village Attorney. 21 d. Build -to zones. Build -to zones for buildings facing a new street 22 will be determined in accordance with subsection 45-31.E.1 23 irrespective of the new street's ownership. 24 e. Building frontage standards. Building frontage standards for 25 buildings facing a new street will be determined in accordance 26 with subsection 45-31.E.2. 27 2. Existing alleys. The C-MU district is served by alleys on both sides of 28 US Highway 1 that are essential for general circulation and for access 29 for services. To protect and enhance these functions, the following 30 standards apply during the development process to all properties that 31 abut an existing alley: 32 a. A 7-foot perpetual transportation and utility easement must be 33 dedicated to the village along the alley, in a form acceptable to 34 the Village Attorney. 35 b. Setbacks for buildings along alleys are specified in subsection 36 45-31.E.1. 37 c. Setbacks for surface parking along alley s are specified in Table 38 15 (subsection 45-31.H1. 39 40 d. The 5-foot landscaped strip required by section 45-90 must be planted and maintained adioining the new easement. Proposed Changes to C-A Zoning District Page 30 of 40 EXHIBIT 1 (C-A TO C-MU) 1 e. Refuse containers and other service or utility equipment must 2 meet the same setbacks as for surface narking. Refuse container 3 areas must be screened in accordance with section 45-88. 4 3. Sidewalk easements. All properties in the C-MU district abut US 5 Hiahwav 1, a regional hiahwav that also serves local travelers in 6 vehicles, on foot or bike, or using public transit. To enhance non- 7 vehicular travel along this corridor, the following standards apnly_ 8 during the development process: 9 a. A 7-foot perpetual sidewalk easement must be dedicated to the 10 village along the US Hiahwav 1 frontage, in a form acceptable to 11 the Village Attorney. 12 b. This easement must be paved at the time of development to the 13 same elevation as the adioinina sidewalk in accordance with the 14 construction specifications in section 24-43. 15 c. The landscape strip required by section 45-90 must be planted 16 and maintained on the remainder of the property beyond the 17 sidewalk easement, except that no trees are required in this strip. 18 19 H. G. Off street Parking standards. and loading regulations. 20 1. Location ofparkinz lots. Surface parking lots must be set back from 21 streets at least the distances provided in Table 15, as illustrated in 22 Figure 13. 23 J cross street Figure 13 Setbacks for Surface Parking Lots J � Local Street — I I m.. «ram..ti I I I I. 1 I cross street I I I I I I I I I I III I IIOI 'I•^ ----^^III 11 f I I I I I c [parking lot allowable here] 1 I I I I I I I I I I' I I f I I Im.. «.a._. . I I I I I I I I I I US Highway 1 , US Highway 1 41 Proposed Changes to C-A Zoning District Page 31 of 40 EXHIBIT 1 (C-A TO C-MU) Table 15 Setbacks for Surface Parking Lots Parking lot setback, Parking lot setback, Parking lot setback, Parking lot setback, Parking lot setback, Parking lot setback, US Hiuhwav 1 50' min. cross street 30' min. alley 5' min. New Street 30' min. side lot lines 0' min. Local Street 30' min. A B C D E F 1 1. Off z wt pattktg zhall be sib, an the zarr►c rrc 'i (200) feet of th_ a11g 2 ?izAi tz: 3 t arr.-na w4 ftwn than wi int of th x2 g tc thanEmw, int of the 3 off zwt padliig lot, without crossing any major thoroughfare. 4 2. Any area once desisxtat 4 azNi'i 4 aff z Nst padlaag shall not be changed to any other use 5 v1111 ac► 1Z c714a1 faniEti Otritrhriti. 6 3. Off zkl-Vt paii g existing at the effective date of these regulations in connectian'rrhh the 7 operation of an z3ing yzo thall at be reduced to an am2'/,nt 1 than haottafter 8 required fa-Na zYrilatxn7n biAilling or use. 9 d. Two (2) or ma- a1 gs-A7 Ana; collectively pre-rii hwvv4 aff ztwt patigritt 10 which 2az�'havpkvi _lumbar at -parking span zhall banct 1m than the v n of the 11 1214Ktz the zcvioal x sarpri%4 zaparatcly- 12 i. Tharp aff ZkWi pail ag zhall be for oc► rcr <uc, a-rq13yees, visitors, patranv. 1 th& be 13 liFRRA i.n ,--n motor vehi'l . The zfnrage of mer'han4a:x _nntor vehicles for sale, or the 14 repair of vehicles is prohibited. 15 2. Parking space ratios. Properties will retain the existing parking ratios 16 as of the date of adoption of the CMU District, which are listed in 17 Table 16 B. In order for properties to be granted the mixed -use district 18 parking ratios listed in 16A, a property must be made considerably 19 closer to the CMU requirements adopted in 2020, as outlined in 20 Section 45-64 (4), or be an entirely new development. The ratios listed 21 in Tables 16A and 16B establish the minimum number of on -site 22 parking spaces unless adiusted as provided in subsection 3. Ratios 23 based on square feet refer to the cross floor area. Table 16.A Parking Snace Ratios PROPOSED USE RESIDENTIAL USES Mobile home nark Dwelling. one family detached Dwelling. all other dwelling tunes Live/work unit Assisted living facility Community residential home LODGING USES Bed -and -breakfast establishment PARKING SPACE RATIO (not permitted) (not permitted) 1.25 per unit 1 per 1.000 sa. feet 0.5 per resident 0.5 per resident 1 per guest room Proposed Changes to C-A Zoning District Page 32 of 40 EXHIBIT 1 (C-A TO C-MU) Hotel' 1 per guest room Motel 1 per guest room Time-share unit 1.25 per unit BUSINESS USES Offices. general 2 per 1.000 sa. feet Office or clinic. medical or dental 3 per 1.000 sa. feet Stores & services. general 2 per 1.000 sa. feet Stores & services. large format 3 per 1.000 sa. feet Adult entertainment (not permitted) Convenience store with fuel 5 per 1.000 sa. feet Dog daycare 3 per 1.000 sa. feet Drive -through facility (for any use) Garage. parking --- Heavy commercial and light industrial: (not permitted) Contractor and trade operation (not permitted) Vehicle sales or repair (not permitted) All other (not permitted) Medical marijuana treatment center (not permitted) Restaurant or cocktail lounge 10 per 1.000 sa. feet Telecommunications antennas --- CIVIC & EDUCATION USES Child care facilitv2 1 per 12 students Church or place of assembly 1 Der 4 peak attendees Civic space --- Family day care (no additional parking) Govemment building 2 per 1.000 sa. feet Hospital or medical center (not permitted) Public space --- School. public or private 1 per 12 students ' Hotels with banauet or conference facilities. restaurants. or bars that are open to the public shall provide a parking demand study and provide sufficient spaces for visitors and employees. 2 A sufficient loading zone shall be provided to accommodate peak drop off and pick uD Table 16.B Parkinz Spaces Required Uses Parking Spaces Required Banks: business or irofessional One (1) Der three hundred (300) sauare feet of usable doffices excluding doctors and floor area. plus one (1) Der each three (3) employees entists Barbershop or beauty shoo Two (2) Der barber or three (3) Der beautician based on the design capacity of the structure Churches One (1) Der four 4) seats: or one (1) per thirty (30) square eet of usable floor area of auditorium. whichever is greater Proposed Changes to C-A Zoning District Page 33 of 40 EXHIBIT 1 (C-A TO C-MU) Country club One (1) per five (5) members whsta rag[�ts and cocktail lounges ere food and drink may be consumed on the premises only and where eating and serving areas are entirely contained within the building. not includingdrive-in hamburger, ice cream_ soft drink. or other dnve-in and/or carry -out eating establishments One (1) space for each seventy-five (75) square feet of area devoted to ratron use. or one (1) space per three (3) fixed seats. whichever is the greater. plus one 1) space for each one and one-half (1 Y2) proiected employees who would be actually working dunna peak employment hours. Hotels, motels and tourist courts Three (3) spaces, plus an additional space for each guest bedroom. plus an additional space for each fifteen (15) rooms or go7-tionj thereof. For exam*. a fifteen -room motel would nee nineteen (19) parking spaces Marina Two (2) for each three (3) boat mooring or storage space. boat for rent, as based on the design capacity of the facility If public boat launchingilities are provided. the parking spaces shall be increased fifty (50) percent of that -number as computed above Medical and dental clinics; doctors and dentists offices One (1) space for each one hundred fifty (150) square feet of floor area uo to three thousand (3 000): one (1) additional space for each additional two hundred (200) square feet nip to five thousand (5.000); one 11) additional space for each additional two hundred fifty (250) square feet over five thousand (5.000) Mortuaries or funeral parlors Five (5) spaces per parlor or chapel unit: or one (1) per four (4) seats. whichever is greater Private clubs, lodge or union headquarters One (1) per three (3) members based on the maximum design capacity of the facility Retail stores and personal service establishments except as otherwise specified herein One (1) per two hundred (200) square feet of retail floor space f fining five Shopping centers cofifteen (5) or more stores. or i een thousand (15.000) square feet of building There shall be a ratio of four (4) square feet of parking (including driveways required for ingress and egress and circulation) to each one (1) square foot of retail floor space Time shares Off-street parking regulations. For each time-share unit structure. there shall be provided two (2) or more parking_ spaces m as pp at least nine (9) feet by eighteen (18) feet (one hundred sixty-two (162) square feet) each, in accordappc@ with the following formula: Two (2) such spaces shall be provided for each dwelling unit cont i a not more than two 2) droom, and two and one-half (2'/2) of such spaces shall be provided for each dwelling unit cpnta nip three (3) or more bedrooms. with the provision that for an uneven number of units, the fractional space result produced by the application of such formula shall count as a full space: provided. however. that in multiple -family dwellings cpnaigigg more than thirty (30) dwellings units for each dwelina_ units in excess of thirty (30) units and uo to sixty J60) units one (1) such space shall be provided for each dwelling unit gptainipg not more than two (2) bedrooms. and for each dwelling unit in excess of sixty Proposed Changes to C-A Zoning District Page 34 of 40 EXHIBIT 1 (C-A TO C-MU) (60) dwelling units one and one-half (1'/2) such spaces shall be provided for each dwelling unit cpntainilW not more than two (2) locdrooms, and two and one-half (2'/2) of such spaces shall be provided for each dwelling unit containing three (3) or more bedrooms with the provisioi that for an uneven number of unit, the fractional s ace result produced by the application of such formula shall count as a full space (For vianloles: m Thirty (30) dwellings units ogg aina two 2) bedrooms each shall require sixty (60) off-street narkiq spaces: p sixty (601 dwelling units c taipjna two (2) bedrooms eack shall re uire ninety (90) off-street narking spaces: and ninety (90) dwelling units coptai ina two (2) bedrooms each shall require one hundred thirty-five (135) off-street narking spaces). Auditoriums and places of assembly without fixed seats One (1) per three 3) neonle based on the maximum design canacity of the structure Veterinary establishments Five (5) spaces per veterinarian based on the maximum design capacity of the facility or five 15) spaces for every four hundred (400) square feet of usable floor space. whichever is greater 1 2 3. Parking space adjustments. The number of on -site parking spaces 3 calculated using Table 16a shall be adiusted under any one or more of 4 the following circumstances: 5 a. Mixed -use developments qualify for the shared -parking 6 percentage reductions specified in Figure 14 provided the 7 development includes at least 10% of its gross floor area in a 8 second category on Figure 14 (residential, lodging, office, 9 business, and civic/education uses). 10 b. Each on -street parking space provided by the developer within 1/4 11 mile of the on -site parking area will be counted as 2 required 12 parking spaces. 13 c. No on -site parking spaces are required for an office, business, or 14 civic/education use that occupies less than 1,500 square feet (up 15 to three such uses per acre). 16 d. Un to half of the required spaces may be located un to 500 feet 17 off -site in a dedicated or joint -use parking lot provided that 18 permission to use those spaces is specified in a binding 19 agreement that is reviewed and approved during the site plan and 20 appearance review process. 21 e. Restaurants may count each boat slip that is available to the 22 public as one parking space. 23 f. Golf cart parking spaces may be counted as one space, provided 24 they meet the minimum dimensions of 5 feet wide by 10 feet Proposed Changes to C-A Zoning District Page 35 of 40 1 2 EXHIBIT 1 (C-A TO C-MU) lone. Up to 10 percent of a development's required narking spaces may be met by golf cart narking spaces. 3 f. The required number of on -site narking spaces may also be 4 reduced through the waiver process (see section 45-51) or may 5 be increased by a special condition applied during the site plan 6 and appearance review process (see sections 6-30-6-60). 7 & A deferred narking plan may be approved by the Village if a 8 parking study is provided that demonstrates the need for 9 parking is less than what is required by code, or the owner has 10 demonstrated that an alternative means of access to the uses on 11 the site iustifies the deferral of the construction of a portion of 12 the required narking spaces. The deferred narking plan shall: 13 Be designed to contain sufficient space to meet the full 14 narking requirements of the Code. The plan shall illustrate 15 the layout for the full number of narking spaces, and shall 16 designate which narking spaces are to be deferred. 17 ii Be designed so that the deferred narking spaces are not 18 located in areas required for landscanin2, buffer zones, or 19 areas that would otherwise be unsuitable for narking 20 spaces because of the physical characteristics of the land 21 or other requirements of this Code. Proposed Changes to C-A Zoning District Page 36 of 40 EXHIBIT 1 (C-A TO C-MU) 1 4. Physical standards for parking lots. driveways. and loading 2 3 Figure 14 Shared Parking Reductions Residential Lodging Offices Business (other Civic / Educ. 10% 30% 20% 30% 15% 20% 10% 10% 10% 0% 0% 10% 30% 20% 20% 15% 10% 0% 30% 20% 10% 10% 0% Residential Lodging Offices Business (other) Civic / Educ. a. Physical standards for barking lots. driveways, and loadinm are provided in subsection 45-36.J. 4 H. Off street parking lot layout, construction and maintcnancc. Whenever the 5 required off street parking requires the building of a parking lot, and 6 wherever a parking lot is built, such parking lot shall be laid out, constructed 7 and maintained in accordance with the following regulations: 8 1. Eaci, parking e 5h lire e t 1e st ni e (9) f of by o gt,tee„ (i 8) 9 feet (one hundred sixty two (162) square feet) id wall be a definitely 10 designated and marked stall adequate for one (1) motor vehicle. 11 2. All areas devoted to permanent off street parking as required under 12 this section thll be built i : accordance with specifications for streets 13 n parking of -the \Tillage of No tk Pakix Beach and maintained in 14 se:Jn trzmner that no dust will result from continuous use. 15 3. Tkc parking lot shall be drained to eliminate surface water. 16 1. Where parking lot abuts a residential district vAi; h Ixaz common 17 f ont ge i the s e r 4-eek , ;tr, the parki g lot therr/Aall be 18 established a setb��[ i 19 line for the first twenty five (25) feet from the residential zone. 20 5. Plans for the layout of a parking lot must be approved by the village 21 engineer based on design standado -approved by the Institute of Traffic 22 Engineers. 23 C. Tho parking lot shall not have access from a more restrictive zoning 24 district. Proposed Changes to C-A Zoning District Page 37 of 40 EXHIBIT 1 (C-A TO C-MU) 1 7. No parking shall be permitted in the first ten (10) feet of the required 2 front yard depth, measured from the front property line or the first ten 3 (10) feet of a side or rear yard when the side or rear yard abuts a 4 residential zoning district, except as modified in paragraph 1 above. 5 The restriction agairrzt parking in the first ten (10) feet of the required 6 front yard depth measured from the front property lino &INV sot apply 7 to those properties vNich have complied in full with the landscaping 8 provisions of Chapter 11 16 through 11 25 [chapter 27, article III] 9 both inclusive. 10 8. Clearly defined driveways entering oil U.E. [highway No.] 1 bhull-be 11 constructed using a raised curb of at 19azt vni (6) inches in height to 12 delineate the driveways. All streets intersecting with U.C. [Mid 13 No.] 1, currently designed driveways shall be constructed using both 14 concrete button tavkcrs of at least four (1) i cs in height placed 15 twenty four (21) inchez apart to delineate the driveways. Such 16 driveway t ll I e separate ingress and egress lanes not to exceed 17 twenty (20) feet in width, exclusive of curb returns. 18 b. Parking lots shall be interconnected with adioinina nronerties 19 where feasible. Connections help to minimize the number of 20 driveways to US Hi.hwav 1 and to reduce unnecessary vehicular 21 use of those driveways to reach adjoining properties. 22 D Prior to approval of new or reconfigured parking lots, 23 landowners are required to make an irrevocable offer of 24 cross -access to the adjacent parcel and must design and 25 build their parking lot to accommodate cross -access. 26 ii When adjacent landowners seek approval of new or 27 reconfigured parking lots, they will be required to 28 reciprocate with a similar cross -access agreement and then 29 must complete the physical connection. 30 iii Each landowner will control all rights to the use of their 31 own parking spaces, but may choose to allow joint use of 32 surplus parking spaces for a fee of their choosing or 33 through private contracts with other parties. 34 c. Excess driveways to US Highway 1 shall not be approved, and 35 existing driveways shall be consolidated or eliminated wherever 36 practicable. The ingress and egress driveways shall be separated 37 by [a] six inch raised. irb izlirad of not 19az tlx. ti cc (3) feet in 38 width and ten (10) feet in depth back from the right of way. 39 D Driveways to US Hiuhwav No. 1 for two (2) adjacent, 40 separately owned parcels should may be located on their 41 joint property line wherever possible. 42 ii On corner lots, driveway s may be required to be located on 43 the less -traveled street. In all cases, driveways may not be Proposed Changes to C-A Zoning District Page 38 of 40 EXHIBIT 1 (C-A TO C-MU) 1 located closer than forty (40) feet to an intersection. Except 2 in cases where driveways arc located :xi jant xocrty 3 line ,all drivewayz nsuz b:,nt ky,z t} n twenty five (25) 4 feet from the adjacoat p oorty line. Only one (1) such 5 oon 1xnod driveway thall bcrpa it od for each lot with a 6 width of one hundred (100) feet or less. 7 97 The rear yard of all ksieL in the C lA distri:X 11 be designed and 8 improved to faoilita o loading and unloading. k xc- all be adequate 9 space for standing, loading and unloading services to avoid undue 10 interference with pubic use of frz ar alh,s 11 5. Standards for parking uartwes. Parking spaces may be provided 12 under or in buildings or in dedicated parking aaraaes instead of being 13 provided in uncovered surface parking lots. Such parking spaces need 14 not comply with the minimum setbacks for surface parking lots. These 15 parking spaces must be screened from view from all streets. Screening 16 may be provided by rooms in the same building or with a liner 17 building that is at least two stories tall with rooms at least 20 feet deep. 18 I Time share structures; floor arca. In tires Z1xc- �*e°'ua`�a�� , oach dwelling 19 unit 1x ing one (1) bedroar: zhall hr. o a mixin:un: floor area of seven 20 hundred fifty (759) qua fog`.; ai ad:Rtkxml a ku fired fifty (159) zqua 21 feet of floor aroa zhall bc required for each additia l badroar: p c' ided. 22 J7 "Vc'n, tee, To pro :-ide the vil'raw with fxrri\c\--kmz deg o opi �:t, fat 23 without undue restric io , the- o 'owing features are required: 24 4- All building froiitz and sidaz muk bc completely enclosed except for 25 necessary doorways f.or in�r cz and ado. 26 2 No oawi-k a a it od uia1�z constructed of n c a1, ar „fir 27 P oda1z and aro in aallod parallel to the store front 28 now ic6z t}x n i:im (9) oo ab o .-o tkuri dewalk. 29 I. Review procedures. 30 1. Submittal and review procedures. Compliance with the standards of 31 the C-MU district shall be evaluated during the site plan and 32 appearance review process before building and other permits may be 33 issued (see sections 6-30-6-60). 34 2. Variances. Variances may be granted bv the village to standards in 35 the C-MU district using the same procedures and criteria the village 36 uses in arantina variances from other regulations (see section 45-50). 37 3. Waivers. Waivers may be Granted bv the village to certain standards 38 in the C-MU district in accordance with the applicable village 39 procedures for arantina waivers (see section 45-51), with these 40 additional requirements: Proposed Changes to C-A Zoning District Page 39 of 40 1 EXHIBIT 1 (C-A TO C-MU) a. The waiver process in the C-MU district cannot be used to: 2 j Add uses that are not allowable under this code. 3 ii Increase the allowable residential density. 4 iii) Increase the allowable building height, except for the extra 5 story that may be reuuested pursuant to 45-31.E.4. 6 b. This additional finding must be made before the village approves 7 a waiver in the C-MU district: 8 j The proposed waiver meets the intent of the Village of 9 North Palm Beach Citizens' Master Plan Report, adopted 10 by the village council on October 27, 2016, through 11 Resolution 2016-73. Proposed Changes to C-A Zoning District Page 40 of 40 #P@A:AL ƒ i!\\! LG !\\2j 1 Sec. 45-32.1. C-T C-C transitional commercial district. 2 A. General description. This residential/commercial transitional district is to 3 provide for the development of low-intensity residential and business offices 4 and other complementary uses. The C-T C-C district shall serve as a 5 transition between strictly residential areas and intense commercial 6 development. 7 B. Uses permitted. The following uses are permitted in the C-T C-C 8 transitional commercial district: 9 1. Financial institutions 10 2. Professional and business offices, not including medical and dental 11 clinics 12 3. Florists 13 4. Clothing stores 14 5. Stationery stores 15 6. Photo studios/camera shops 16 7. Sporting goods stores 17 8. Gift shops 18 9. Candy shops 19 10. Seamstress/tailor shop 20 11. Personal service establishments, such as barber shops, 12. hair salons, 21 and 13. nail salons 22 12. 14. Instructional dance/music studios 23 13. Family day care home. 24 14. Multiple-family dwelling structures of 2, 3, or 4 dwelling units, 25 provided that residential density does not exceed 12 units per acre. 26 C. Conditions for permitted uses: 27 1. All activities, sales and storage of goods must be conducted entirely 28 within completely enclosed buildings with permanent nonmoving 29 outside walls. 30 2. No outside sidewalk of parking lot storage (or) display of merchandise 31 will be permitted. 32 3. No manufacturing or production of products for retail or wholesale 33 will be permitted. 34 D. Building height regulations. No building or structure shall exceed two (2) 35 stories or twenty five (25) feet. 36 E. Building site area regulations: Maximum floor-area-ratio: 0.70 37 1. Maximum lot coverage. Main and accessory buildings shall cover no 38 more than thirty-five (35) percent of the total lot area. 2. Reserved. Proposed Changes to C-C Zoning District Page 1 of 2 #P@A:AL ƒ i!\\! LG !\\2j 1 F. Yards. 2 1. Front yards. 3 (a) All buildings shall be constructed from the Alternate A-I-A or 4 Prosperity Farms Road right-of-way to provide a front yard of 5 not less than twenty (20) thirty (30) feet. 6 (b) All buildings shall be set back from the right-of-way of streets 7 which intersect with Alternate A-I-A or Prosperity Farms Road 8 providing a yard of not less than ten (10) twenty-five (25) feet. 9 (c) The ground story of each building facade that faces a front yard 10 must have at least 15% of its surface area in transparent glass 11 that will transmit at least 50% of visible daylight. 12 2. Side and rear yards. All buildings shall be set back from side and rear 13 lot lines so as to provide side and rear yards of not less than: 14 (a) Ten (10) Fifteen (15) feet when abutting a lot with residential 15 zoning. 16 (b) Zero (0) feet when abutting a lot with commercial or mixed-use 17 zoning. 18 3. Rear yards. All buildings shall be set back from rear lot lines so as to 19 provide a rear yard of not less than fifteen (15) feet. 20 G. Off-street parking regulations. Off-street parking shall be provided at half 21 of the number of parking spaces required in: 22 1. the C-S zoning district for commercial uses; and the same as for the 23 CA commercial district. 24 2. the R-2 zoning district for residential uses. 25 H. Off-street parking layout, construction and maintenance shall be as 26 provided in section 45-36.J. the same as for the CA commercial district. 27 I. Landscape standards. Landscaping shall be required in the following areas 28 as required by the v 29 1. Miscellaneous landscape elements, as required in section 45-88; 30 2. Off-street parking lots, as required in section 45-89; 31 3. Site perimeters, as required in section 45-90, except that no perimeter 32 landscaping is required along a lot line that abuts commercial zoning; and 33 4. Base of foundation, as required by section 45-91. Proposed Changes to C-C Zoning District Page 2 of 2 #P@A:AL „ i!\\‚ LG !\\1j 1 Sec. 45-33. C-S shopping C-1 neighborhood commercial district. 2 General description. This shopping neighborhood commercial district is 3 established to provide that the principal use of land is devoted to community and 4 neighborhood shopping and to tourism-related transient uses and to encourage the 5 development of these locations for such uses and in such manner as to minimize 6 congestion and interference with other land uses. 7 A. Uses permitted. Within any C-S C-1 neighborhood commercial district, no 8 building, structure, land or water shall be used, except for one (1) or more of 9 the following uses: 10 1. Reserved. Any use permitted in the C-1A limited commercial district. 11 2. Any retail business or commercial use including neighborhood 12 commercial use that meets the daily living needs of village residents 13 and which does not involve the manufacturing or processing of 14 products; provided, however, automobile repair shops are not a 15 permitted use except as an accessory use to an automotive service 16 station or retail automobile tire store. 17 3. Transient commercial uses serving either the motoring public or 18 village residents including hotels and motels, conference and retreat 19 facilities, filling stations, sale of convenience goods, and restaurants. 20 4. Personal service establishments, including, but not limited to, banks, 21 barbershops, bowling alleys, beauty salons, medical and dental clinics, 22 professional and other offices, funeral homes, shoe repair shops, 23 laundry pickup stations and self-service laundries, furniture display 24 stores and drugstores. 25 5. Mobile home park. 26 6. Adult entertainment establishments. 27 7. Religious worship or related religious activities. 28 8. Limited access self-storage facilities are defined as a fully enclosed 29 structure for indoor storage with a minimal amount of access points 30 from the exterior of the building. These exterior access points provide 31 access to interior hallways that directly serve individual storage units 32 rented to the public. No direct access from the exterior of the building 33 to an individual storage unit is permitted. 34 9. Dog daycare, as defined and regulated in the I-1 zoning district. 35 10. Restaurants and cocktail lounges. 36 11. Nursery and private schools. 37 12. Marinas and their accessory uses such as wet boat storage facilities, 38 indoor dry boat storage facilities, gasoline supplies and such minor 39 repair facilities as are incidental to boat storage and which do not 40 involve major boat and/or engine overhaul. 41 13. Multiple-family dwelling structures as a component of a commercial 42 planned unit development containing a commercial component Proposed Changes to C-1 Zoning District Page 1 of 4 #P@A:AL „ i!\\‚ LG !\\1j 1 including retail and non-retail commercial facing a primary street 2 frontage with a depth to be determined by the village council. 3 * * * 4 E. Off-street parking regulations. 5 1. Reserved. Same as for the C-1A limited commercial district for 6 churches, motels, hotels, time-share units and restaurants. 7 2. For general business, commercial or personal service establishments, 8 one (1) space for each two hundred (200) square feet of nonstorage 9 first floor area, plus one (1) space for each two hundred (200) square 10 feet of nonstorage area above the first floor. 11 3. Medical or dental offices or clinics, one (1) space for each one 12 hundred fifty (150) square feet of floor area, up to three thousand 13 (3,000) square feet; one (1) additional space for each additional two 14 hundred (200) square feet of floor area up to five thousand (5,000) 15 square feet; one (1) additional space for each additional two hundred 16 fifty (250) square feet of floor space in excess of five thousand (5,000) 17 square feet. 18 4. Offices, one (1) space for each three hundred (300) square feet of floor 19 area used for office purposes. 20 5. Schools and public buildings, one (1) space for each four (4) seats in 21 the main auditorium or place of assembly. 22 6. Theaters, auditoriums, one (1) space for each four (4) seats. 23 7. No parking shall be permitted in the first ten (10) feet of the required 24 front yard depth, measured from the front property line. The restriction 25 against parking in the first ten (10) feet of the required front yard depth 26 measured from the front property line shall not apply to those 27 properties which have complied in full with the landscaping provisions 28 of this code. chapter 41-16 through 41-25 \[chapter 27, article III\], both 29 inclusive. 30 8. Furniture display stores, one (1) space for each four hundred (400) 31 square feet of sales area. 32 9. Retail business with floor area in excess of fifty thousand (50,000) 33 square feet, one (1) space for each two hundred fifty (250) square feet 34 of non-storage floor area. 35 10. Limited access self-storage facilities, one (1) space for each two 36 hundred (200) storage units plus five (5) customer parking spaces. 37 11. Marinas: 38 i) one (1) space for every two (2) wet boat slips. 39 ii) one (1) space for every six (6) dry boat slips. 40 12. Motels and hotels, one (1) space for each guest bedroom, plus one (1) 41 additional space for each five (5) employees. 42 13. Churches, the same as for the R-2 multiple-family dwelling district. Proposed Changes to C-1 Zoning District Page 2 of 4 #P@A:AL „ i!\\‚ LG !\\1j 1 14. Restaurants, one (1) space for each seventy-five (75) square feet of 2 floor area devoted to patron use, or one (1) space per three (3) fixed 3 seats, whichever is the greater, and one (1) space for each one and one- 4 half (1½) projected employees who would be actually working during 5 peak employment hours. 6 * * * 7 G. Conditions for permitted uses: 8 1. A car wash and car waxing business whether in conjunction with a 9 filling station or as an independent enterprise shall be allowed to 10 utilize an awning structure or structure which shall be located in the 11 rear yard with a minimum five-foot setback and within the building 12 side lines extended. 13 2. All activities, sales and storage of goods must be conducted entirely 14 within completely enclosed buildings with permanent nonmoving 15 outside walls. The following exceptions apply: 16 i) Restaurants that qualify under outdoor seating provisions of 17 Appendix CZoning. 18 ii) Marinas with enclosed new boat retail display area may utilize 19 outdoor rear and side yard site area for ground level new boat 20 storage, rigging, minor repair and display subject to the 21 following conditions: 22 a. Outdoor storage, rigging, minor repair and display areas 23 shall be completely screened from the view of the street 24 right-of-way and adjacent properties with an opaque wall or 25 fence to a height of six (6) feet. 26 b. The area of outdoor storage, rigging and display area shall 27 not exceed the enclosed retail display floor area, including 28 retail display area office space, or fifteen (15) percent of 29 the total site area, whichever is less. 30 iii) Outdoor runs/dog exercise areas which are accessory to 31 veterinary clinics. All such outdoor runs/dog exercise areas shall 32 comply with the requirements of Section 45-38.D.12.d of this 33 code. 34 3. No outside sidewalk or parking lot storage or display of merchandise 35 will be permitted. 36 4. Limited access self-storage facilities shall only be allowed on 37 properties within commercial planned unit developments and 38 accompanied by the following conditions: 39 i) All exterior service doors must be not visible from any public 40 street or adjacent property. 41 ii) All buildings must be a maximum of two (2) stories with 42 architectural treatment to reflect the actual number of stories. Proposed Changes to C-1 Zoning District Page 3 of 4 #P@A:AL „ i!\\‚ LG !\\1j 1 iii) No blank walls shall be permitted. 2 iv) A mix of uses must be provided that includes a minimum of ten 3 (10) percent Gross Floor Area (GFA) retail or professional office 4 (excluding the on-site management office for the self-storage 5 facility). 6 v) A minimum of one thousand (1,000) feet separation from 7 property line to the closest adjacent property line shall be 8 required between limited access self-storage facilities. 9 5. All new marinas and major improvements to existing marinas shall 10 provide sewage pump-out service to boats seven (7) meters (twenty- 11 two and ninety-seven hundredths (22.97) feet) in length or more. 12 Major improvements include adding wet or dry boat slips; constructing 13 new buildings; adding or expanding fueling facilities, and other 14 improvements of a comparable scale as determined by the community 15 development director. Proposed Changes to C-1 Zoning District Page 4 of 4 #P@A:AL 1 Sec. 45-34. C-G general commercial district. 2 A. Uses permitted. Within any C-G C-2 commercial district, no building 3 structure, land or water shall be used, except for one or more of the 4 following uses: 5 1. Any use permitted in the C-S C-1A limited commercial district. 6 2. Any retail business or commercial use which does not involve the 7 manufacturing or processing of products. 8 3. Personal service establishments, including, but not limited to, banks, 9 barbershops, bowling alleys, beauty salons, medical and dental clinics, 10 professional and other offices, funeral homes, filling stations, shoe 11 repair shops, laundry pickup stations and self service laundries, 12 furniture display stores and drugstores. 13 4. Full service automotive dealerships and accessory uses including paint 14 and body shops, repair shops and garages, limousine service and 15 towing service. 16 5. Retail and wholesale sales of new vehicular parts, equipment and 17 accessories without on-site installation. 18 6. Automobile service shops such as full service vehicle repair shops, 19 muffler shops, tire shops, lubrication and oil change, window tinting, 20 wash and detailing. 21 7. Automobile, truck and trailer rental business. 22 8. Adult entertainment establishment. 23 9. Limited Access Self Storage Facilities, which are defined as a fully 24 enclosed structure for the purpose of indoor storage, with a minimal 25 amount of access points from the exterior of the building. These 26 exterior access points provide access to interior hallways that directly 27 serve individual storage units rented to the public. No direct access 28 from the exterior of the building to an individual storage unit is 29 permitted. 30 B. Development standards. Every commercial use located within the C-G C-2 31 commercial district shall be so developed as to comply with the following 32 performance standards: 33 1. Outside display: Outside display areas for sale, lease or rental of 34 vehicles shall be designed as follows: 35 (a) Vehicles may be stored on an approved parking surface without 36 reference to parking stalls, stall striping or wheel stops. This type 37 of parking shall be allowed only pursuant to a site plan and 38 appearance review and approval subject to Article III of Chapter 39 6 of the Village Code of Ordinances. Proposed Changes to C-2 Zoning District Page 1 of 4 #P@A:AL 1 (b) Interior landscaping requirements within outside display areas 2 pursuant to Article VIII III of this chapter 27 of the Village Code 3 of Ordinances shall be met by transferring the required 4 landscaping to the perimeter of the site abutting public rights-of- 5 ways. The transferred landscaped areas shall be designed and 6 located so as to mitigate and buffer the impact of the aggregated 7 vehicle storage area. 8 2. Locational and physical restrictions: 9 (a) Repair facilities and paint and body shops shall be located at 10 least one hundred (100) feet from any residentially-zoned lot. 11 Service bay doors shall not be oriented toward any adjacent 12 residentially-zoned property nor oriented toward any adjacent 13 public street. 14 (b) Accessory fuel pump islands and automated wash facilities for 15 vehicles shall not be located within one hundred (100) feet of any 16 residentially-zoned property. Wash facilities shall be located 17 within a completely enclosed building. Fuel pump islands shall 18 be located within an enclosed area so that they are not visible off 19 premises. 20 (c) The sale, lease or rental of automobiles, trucks, motorcycles, and 21 recreational vehicles is allowed only on lots which meet the 22 following minimum dimensions and area: 23 (1) Minimum frontage of 125'. 24 (2) Minimum width of 125'. 25 (3) Minimum depth of 200'. 26 (4) Minimum area of 1.5 acres. 27 3. Limited access self-storage facilities shall be accompanied by the 28 following conditions: 29 (a) All exterior service doors must not be visible from any public 30 street or adjacent property. 31 (b) The architectural treatment of all buildings must reflect the actual 32 number of stories. 33 (c) No blank walls shall be permitted 34 (d) A mix of uses must be provided that includes a minimum of ten 35 percent (10%) Gross Floor Area (GFA) retail or professional 36 office (excluding the on-site management office for the self- 37 storage facility). 38 (e) A minimum of one thousand (1,000) feet separation from 39 property line to the closest adjacent property line shall be 40 required between limited access self-storage facilities. Proposed Changes to C-2 Zoning District Page 2 of 4 #P@A:AL 1 C. Use and operating restrictions. Every commercial use located within the 2 C-G C-2 commercial district shall be so operated as to comply with the 3 following performance standards: 4 1. No industrial equipment or vehicles shall be sold, leased, rented or 5 otherwise stored within the C-G C-2 district. For purposes herein, 6 industrial equipment is defined as equipment used primarily for 7 purposes other than transportation or hauling. Trucks other than pickup 8 trucks, vans and jeeps shall be displayed in areas separated from a 9 public right-of-way by a building. 10 2. No vehicle shall be parked for display purposes with its hood or trunk 11 open, nor elevated off the ground in any way. Vehicles shall not be 12 parked in any right-of-way or driveway. 13 3. Advertising, flags, pennants, streamers, balloons, signs or vehicle 14 stock numbers shall not be displayed on any vehicle or equipment. 15 Similar objects or advertising designed to attract the public's attention 16 shall not be displayed outdoors on any lot, building, vehicle or 17 equipment. 18 4. Any areas designated for the off-loading of vehicles or for loading and 19 deliveries shall be located to the rear of buildings and shall be located 20 so as to contain noise on-site. These areas shall not be located closer 21 than one hundred (100) feet from any residentially-zoned lot and shall 22 be appropriately designated, marked and signed. 23 5. Dealers are prohibited from using streets in a residential zone for the 24 testing of vehicles after servicing and for the demonstration of 25 vehicles. 26 6. Exterior lighting fixtures shall not exceed twenty-five (25) feet in 27 height; shall be directed away from adjacent properties; shall confine 28 light to the site only; and shall not exceed when measured at any 29 property line, the following illumination: 30 (a) One hundred (100) foot-candles within display areas. 31 (b) Forty (40) foot-candles within all areas. 32 (c) After 11:00 p.m., the illumination in display areas shall be 33 reduced to fifty (50) foot-candles. 34 7. No outdoor speakers or public address systems that are audible from 35 the exterior of the site shall be permitted. 36 8. Customer parking shall be marked with an above grade sign and shall 37 be physically separated from the vehicle sales, storage and display 38 area. This barrier may be in the form of a landscape strip, curbing or 39 removable bollards. Proposed Changes to C-2 Zoning District Page 3 of 4 #P@A:AL 1 9. The height of buildings, the site area of buildings, yard spaces, and 2 floor area regulations in the C-G C-2 zoning district shall be the same 3 as required in the C-S C-1 neighborhood commercial district, with the 4 following exception: Limited access self-storage facilities shall be 5 limited to a maximum of three (3) stories in height. 6 10. With the following exceptions, off-street parking regulations shall be 7 the same as for the C-S C-1 neighborhood commercial district: 8 (a) Full-service automotive dealerships, Customer and employee 9 parking requirements; One (1) space for each five hundred (500) 10 square feet enclosed floor area, plus one (1) space per each four 11 thousand five hundred (4,500) square feet of outdoor sales 12 display and rental area, plus one (1) space per service bay, plus 13 one (1) space per employee of the shift of largest employment. 14 Parking for vehicle storage, sales or display may not be counted 15 toward meeting the number of required off-street parking spaces 16 or to be provided for customers and employees. 17 (b) Limited access self-storage facilities, one (1) space for each two 18 hundred (200) storage units plus five (5) customer parking 19 spaces. Proposed Changes to C-2 Zoning District Page 4 of 4 1 2 EXHIBIT 5 (PUD) Sec. 45-35.1. - Planned unit development. I. Statement of intent. 3 A. The intent of this section is to provide, in the case of a commercial 4 planned unit development consisting of one (1.0) or more acres, in the 5 case of an industrial planned unit development consisting of one (1.0) 6 or more acres, and in the case of a residential planned unit 7 development of five (5 or i re acres, an added degree of flexibility in 8 the placement and interrelationship of the buildings and uses within 9 the planned unit development, together with the implementation of 10 new design concepts. At the same time the intensity of land use, 11 density of population and amounts of light, air, access and required 12 open space will be maintained for the zoning district in which the 13 proposed project is to be located, except as mav be permitted for kev 14 redevelopment sites through subsection 45-35.1.VIII. The village 15 council zv;-dJc.Aiili,Az that t1 mgu'rat 2 p tii.irrg 16 of land use, density of poukati xi and required open space arc the 17 nsinimutx tyquai ertz Kar t rp 3O XX Xi3 p r t&O7. of t lxib i� 18 1 altk, zafett-aftd on al welfare. Nothing herein should be construed 19 as allowing deviation for uses other than those specified as permitted 20 uses, nor any greater intensity of use or density of population nor any 21 less required open space than that which is specified in this chapter for 22 the zoning district in which a proposed project is located, except as 23 may be permitted throuaih subsection 45-35.1.VIII. 24 B. Subject to the foregoing statement of intent, the village council may, in 25 the case of commercial, industrial and residential planned unit 26 developments, allow for minor modification of the provisions of this 27 chapter or other land development regulations in accordance with the 28 procedure set forth in subsections II, III, IV and V. 29 C. The Planned Unit Development procedures in section 45-35.1 may not 30 be used in the following zoning districts which provide a different 31 process for considering minor modifications: 32 1. C-MU — the C-MU zoning district allows waivers (see the C-MU 33 zoning district and section 45-51). 34 2. C-3 — the C-3 zoning district contains special PUD procedures 35 that apply only to that district (see subsection 45-34.1.K). 36 3. C-NB — the C-NB zoning district allows waivers (see the C-NB 37 zoning district and section 45-51). Proposed Changes to PUD Page 1 of 12 EXHIBIT 5 (PUD) 1 II. Filing of application. 2 A. Any person may file an application with the village council for minor 3 modifications of the provisions of this chapter. This application shall 4 contain at least the following: 5 1. All application and review procedures shall comply with section 6 21 12, Changan znning o dinances and section 45-49, 7 Application for rezoning, of this Code. 8 2. A statement listing and fully explaining the specific 9 modifications of the provisions of this chapter 45 which are 10 desired, as well as the purposes for which the modifications are 11 intended. 12 3. All application procedures for residential planned unit 13 developments shall be as required by the subdivision provisions 14 of this Code. 15 4. Compliance with the village comprehensive plan is required. 16 5. Land covered by the development plan shall be platted 17 concurrently with final approval of the development plan. 18 6. The fee for filing an application for a planned unit development 19 shall be established in the master fee scheduled adopted annually 20 as part of the village budget. 21 7. The final approved development plan shall include the plat 22 drawings and necessary submittals demonstrating acceptability 23 of all factors and standards evaluated in subsection IV(A). 24 8. All dwelling unit sizes, parking criteria and building site 25 coverage must meet the requirements of the zoning code for each 26 type of proposed use, except at follows. 27 Exception A: applicants for assisted living facilities may, 28 when accompanied by a justification statement, apply for 29 relief from the off-street parking and minimum dwelling 30 unit size requirements. 31 Exception B: applications submitted through subsection 32 45-35.1.VIII for kev redevelopment sites may, when 33 accompanied by a iustification statement, apply for relief 34 from off-street narking and minimum dwelling unit size 35 requirements. Building site coverage requirements do not 36 apply. 37 Exception C: applications for commercial or mixed -use 38 development may, when accompanied by a justification 39 statement, apply for relief from the off-street narking_ 40 requirements. Proposed Changes to PUD Page 2 of 12 EXHIBIT 5 (PUD) 1 9. All land included for the purpose of development within a 2 planned unit development shall be owned or under the unified 3 control of the applicant for such zoning designation, whether the 4 applicant is an individual, partnership, corporation, trust or group 5 of individuals, partnerships, trusts or corporations. The applicant 6 shall present satisfactory evidence of the unified control of the 7 entire area by applicant within the proposed planned unit 8 development and shall state agreement that, if he proceeds with 9 the proposed development, he will: 10 a. Do so in accordance with the officially approved 11 development plan and such other conditions or 12 modifications as may be attached to the conditional use. 13 b. Provide agreements, covenants, contracts, deed restrictions 14 or sureties acceptable to the village council, both for 15 completion of the undertaking in accordance with the 16 adopted development plan, and also for the continuing 17 operation and maintenance of areas, functions and facilities 18 which the plan shows are not to be operated or maintained 19 at general public expense. Such documents must be in a 20 form acceptable to the Village Attorney. 21 c. Bind his development successors in title to any 22 commitments made under subsections a. and b., preceding. 23 10. Any tract of land for which a planned unit development is made 24 shall contain sufficient width, depth and frontage on a public 25 dedicated arterial or major street or appropriate access which will 26 accommodate the proposed use and design. 27 11. In the event any building or structure built under this section is 28 destroyed or removed by or for any cause, said building or 29 structure, if replaced, shall be replaced with a building or 30 structure of similar size and type not exceeding the dimensions 31 of the original building or structure. The developer shall include 32 the appropriate deed restrictions and/or covenants so as to require 33 replacement as outlined above. 34 III. Referral to planning commission. The village council shall refer each 35 application for a planned unit development to the planning commission for 36 study and recommendation. 37 IV. Action of planning eommittc,. c ommission.J 38 A. After a study of an application for a planned unit development and the 39 required public hearing, the planning commission shall make a 40 recommendation to the village council to approve, approve as 41 modified, or reject the application based upon the following standards: 42 1. The proposed use or uses shall be of such location, size and 43 character as to be in harmony with the appropriate and orderly Proposed Changes to PUD Page 3 of 12 EXHIBIT 5 (PUD) 1 development of the zoning district in which situated and shall not 2 be detrimental to the orderly development of adjacent zoning 3 districts. 4 2. The location and size of the proposed use or uses, the nature and 5 intensity of the principal use and all accessory uses, the site 6 layout and its relation to streets giving access to it, shall be such 7 that traffic to and from the use or uses, and the assembly of 8 persons in connection therewith, will not be hazardous or 9 inconvenient to the neighborhood nor conflict with the normal 10 traffic of the neighborhood. In applying this standard, the 11 commission shall consider, among other things: convenient 12 routes for pedestrian traffic, particularly of children; the 13 relationship of the proposed project to main traffic thoroughfares 14 and to street and road intersections; and, the general character 15 and intensity of the existing and potential development of the 16 neighborhood. In addition, where appropriate, the commission 17 shall determine that noise, vibration, odor, light, glare, heat, 18 electromagnetic or radioactive radiation, or other external effects, 19 from any source whatsoever which is connected with the 20 proposed use, will not have a detrimental effect upon 21 neighboring property or the neighboring area in general. 22 3. The location and height of buildings, the location, nature and 23 height of walls and fences, and the nature and extent of 24 landscaping of the site shall be such that they will not hinder or 25 discourage the proper development and use of adjacent land and 26 buildings nor impair the value thereof. 27 4. The standards of density and required open space in the proposed 28 project are at least equal to those required by this ordinance in 29 the zoning district in which the proposed project is to be located, 30 except as may be permitted for key redevelopment sites through 31 subsection 45-35.1.VIII. 32 5. There shall be no uses within the proposed project which are not 33 permitted uses in the zoning district in which the proposed 34 project is to be located. 35 Exception: A Mixed uses occupancy may be allowed if the 36 existing zoning district usage is commercial. The mixed 37 uses uzaro occupancy shall only be residential and 38 mercantile or residential and business. 39 B. The commission may recommend such changes or modifications in the 40 proposed plan as are needed to achieve conformity to the standards as 41 herein specified. The reasons for the changes or modifications shall be 42 included in the recommendation. Proposed Changes to PUD Page 4 of 12 EXHIBIT 5 (PUD) 1 C. The commission shall not recommend the project unless it finds that 2 all of the standards as herein specified have been met. If there are 3 minor modifications to the provisions of this chapter, the commission 4 may recommend its approval at the same time. It shall also, where it 5 deems appropriate and necessary, recommend to the village council 6 those conditions to be imposed upon the project, its operation, or both, 7 that are needed to assure adherence to the aforesaid standards. 8 V. Action of village council. The village council, upon the receipt from the 9 planning commission of the report on the planned unit development and the 10 minor modifications to the provisions of this chapter may, after the required 11 public hearing, approve or reject such project and modifications, 12 incorporating with an approval such conditions as the council deems 13 appropriate. The approval shall be by ordinance. 14 VI. Effect of approval of village council. The approval of the application by 15 the village council shall allow the building official to issue a building permit 16 in conformity with the application as approved. This permit shall specify 17 with particularity the exact modifications to the provisions of this chapter 18 which have been approved by the village council. The holder of this permit 19 may then proceed with his project in conformity with said permit. No 20 deviations from the conditions of the permit shall be allowed except those 21 which shall be in conformity with the basic provisions of this ordinance as 22 they apply to the zoning district in which the project is located. The 23 community development director may adiust a modification to the 24 provisions of this chapter only if the adiustment had been authorized by 25 conditions that the Village Council placed on the planned unit development 26 approval. 27 VII. Public notice. Public notice of all hearings conducted in accordance with 28 this section shall be provided as required by section 21-3 of the village 29 Code. 30 VIIL Kev redevelopment sites. The village has identified key sites in need of 31 redevelopment and encourages the use of this Planned Unit Development 32 process to redevelop those sites in accordance with design concepts 33 developed or endorsed by the village. Minor modifications to the provisions 34 of this chapter or other land development regulations may be requested 35 through the Planned Unit Development process for these sites. The 36 following additional standards apply during this process: 37 1. Regulating plans. Eligible sites are depicted on regulating plans in 38 Figures 45-35.1-A-1, 45-35.1-B-1, and 45-35-1-C-1. 39 2. Illustrative plans. Renderings or illustrative plans may be provided in 40 this subsection to show hypothetical buildings on eligible sites using 41 these standards. See Figures 45-35.1-A-2, 45-35.1-B-2, and 45-35.1- 42 C-2. Proposed Changes to PUD Page 5 of 12 EXHIBIT 5 (PUD) 1 3. Build -to zone. Where build -to zones are shown on the reaulatina plan, 2 the build -to zone is 0 feet minimum and 20 feet maximum using the 3 methodoloav in the C-MU zoning district (unless different distances 4 are specified on the reaulatina plan). Build -to zones supersede setback 5 requirements in the underlvina zoning district. 6 4. Floor -to -area ratio. The Comprehensive Plan establishes caps on the 7 ratio of floor area to lot area for most land in the village: however, 8 those caps do not apply to these key redevelopment sites. 9 5. Building frontage standards. Where build -to zones are shown on the 10 reaulatina plan, building frontages must be at least 60% of the lot 11 width, measured using the methodoloav in the C-MU zoning district 12 (unless a different percentage is specified on the reaulatina plan). 13 6. Building height. Buildings may be un to 4 stories tall. For the purpose 14 of calculating the number of stories in a building, see the methodoloav 15 in the C-MU zoning district. This height limitation supersedes height 16 limitations in the underlvina zoning district. 17 7. Facade transparency. Where build -to zones or civic spaces are 18 shown on the reaulatina plan, facades must be at least 30% transparent 19 at the around story and 20% transparent at each upper story, measured 20 using the methodoloav in the C-MU zoninz district (unless different 21 percentages are specified on the reaulatina plan). 22 8. Encroachments. Architectural elements may proiect beyond the 23 closest point to a property line where an exterior wall may be 24 constructed to the same extent as allowed in the C-MU zoning district, 25 irrespective of setback requirements in the underlvina zoning district. 26 9. Parking setbacks. New or reconfigured surface parking lots must be 27 set back at least 50 feet from US Hiuhwav 1 and at least 30 feet from 28 all other existing and new streets. 29 10. Parking garages. Parking spaces may be provided under or in 30 buildings or in dedicated parking aaraaes instead of beinz provided in 31 uncovered surface parking lots. Such parking spaces need not comply 32 with the minimum setbacks for surface parking lots, but must be 33 screened from view from all streets. Screening may be provided by 34 rooms in the same building or with a liner building that is at least two 35 stories tall with rooms at least 20 feet deep. 36 11. New streets. Where a new street is shown on the rewulatinz plan, the 37 new street must be constructed using the standards in the C-MU 38 zoning district (unless different standards are specified on the 39 rewulatinz plan). 40 12. Sidewalk easements. Where a sidewalk easement is shown on the 41 reaulatina plan, the easement must be dedicated and the sidewalk must 42 be constructed using the standards in the C-MU zoning district. Proposed Changes to PUD Page 6 of 12 1 EXHIBIT 5 (PUD) Figure 45-35.1-A-1 Camelot Reeulatin2 Plan DC004 Build-to zone New Street Civic Space Sidewalk easement Uses restricted by FLU • ; • • Camelot redevelopment site Lot lines Existing buildings Street right-of-way Country Club Waterways ;ram I I 0 75 150 Feet 300 2 J Proposed Changes to PUD Page 7 of 12 EXHIBIT 5 (PUD) Figure 45-35.1-A-2 Camelot Illustrative Plan Proposed Changes to PUD Page 8 of 12 1 EXHIBIT 5 (PUD) Figure 45-35.1-B-1 Crustal Cove Re2ulatin2 Plan Build -to zone �••► New Walkway • % • • • Crystal Cove redevelopment site Lot lines Existing buildings Waterways Street right-of-way Proposed Changes to PUD Page 9 of 12 1 EXHIBIT 5 (PUD) Figure 45-35.1-B-2 Crustal Cove Illustrative Plan Build -to zone - -► New Walkway Crystal Cove redevelopment site Lot lines Golfview Rd Proposed Changes to PUD Page 10 of 12 1 EXHIBIT 5 (PUD) Figure 45-35.1-C-1 Shore Court at US 1 Re2ulatin2 Plan I Anchorage Dr. South e Northlake Boulevard z 0 co co co cs Build -to zone • ti • • •• Shore Court redevelopment site Lot lines Existing buildings Street right-of-way Waterways 0 [ Shore Coe 75 150 Feet i300 EARMAN RIVER 1 Proposed Changes to PUD Page 11 of 12 EXHIBIT 5 (PUD) Figure 45-35.1-C-2 Shore Court at US 1 Illustrative Plan Proposed Changes to PUD Page 12 of 12 "O?@9@K ¬ +˴,7 KF U‚+˴ 1 Sec. 45-35.3. C-NB Northlake Boulevard commercial district. 2 overlay zoning district (NBOZ). 3 A RTICLE 1 E STABLISHED. 4 The Northlake Boulevard commercial overlay zoning district (NBOZ) shall 5 consist of that portion of real properties within the village on the north side of that 6 front upon or are adjacent to Northlake Boulevard between Alternate A1A and US 7 Highway 1 as indicated on the official zoning map. 8 A RTICLE 2 C ONSISTENCY W ITH C OMPREHENSIVE L AND U SE P LAN 9 The establishment of the C-NBOZ district is hereby declared consistent with 10 the village comprehensive plan. 11 A RTICLE 3 G ENERAL P ROVISIONS 12 Sec. 3-1 Applicability. 13 A. Applicability. The provisions of the C-NBOZ district shall apply to all 14 existing and future development within the boundaries of the C-NBOZ 15 district as follows: 16 1. All new development. 17 2. All renovations, additions, or redevelopment to existing structures 18 where the cost of such is greater than fifty (50) percent of the assessed 19 improvement value of the parcel, indicated on the most recent tax roll 20 of Palm Beach County Property Appraiser, or an increase of greater 21 than twenty (20) percent of the square footage of the existing structure 22 shall conform to one hundred (100) percent of the C-NBOZ 23 Regulations. 24 3. When the use of an existing structure ceases for one hundred eighty 25 (180) consecutive days, or as otherwise determined to be a 26 discontinued or abandoned use by the local zoning code. 27 B. Invalid approvals. Invalid development orders or permits of projects, which 28 have been revoked or have expired shall be subject to all applicable 29 provisions of the C-NBOZ district. 30 C. Conflict with other applicable regulations. 31 1. When the provisions of the NBOZ district conflict with other village 32 regulations applicable to the site, the most restrictive provisions shall 33 prevail. 34 2. Provisions addressed within the village regulations that are not 35 addressed within the NBOZ district remain applicable in the 36 development or redevelopment of a site in the NBOZ. Proposed Changes to NBOZ Overlay Page 1 of 8 "O?@9@K ¬ +˴,7 KF U‚+˴ 1 Sec. 3-2 Procedures, variances, and waivers. and regulations. 2 A. Submittal and review procedures. Development or redevelopment within 3 the corridor shall adhere to the regulations imposed by the C-NBOZ district. 4 Compliance with the standards of the C-NBOZ district shall be 5 demonstrated by submittal of architectural drawings and a site development 6 plan or site improvement plan in accordance with village regulations, which 7 generally require site plan and appearance approval before building and 8 other permits may be issued. The development order That approval shall 9 reflect the restrictions imposed by the C-NBOZ district. 10 B. Use regulations. Restrictions which may be imposed in the NBOZ district 11 shall be limited to the following: 12 1. Reducing the number of land uses permitted by right and permitted by 13 conditional use within the NBOZ district; 14 2. Eliminating inappropriate land use within the NBOZ district; 15 3. Limiting maximum building or impervious coverage permitted; 16 4. Management of access to abutting and nearby roadways, including 17 specific design features intended to reduce adverse traffic impacts; or 18 5. Any other specific site development regulations required or authorized 19 by these provisions. 20 C. Review procedures. Unless otherwise stated within these provisions, the 21 review procedures for development and redevelopment of applicable sites 22 within the NBOZ district shall be pursuant to the village's review procedures 23 and approval process. 24 D. Waivers and variances. Waivers and variances from the NBOZ regulations 25 may be granted by the village: reviewing projects which are subject to the 26 NBOZ regulations. 27 B. 2. Variances. Variances may be granted by the village to standards in the 28 C-NB district using the same procedures and criteria, which the village uses 29 in granting variances from other regulations (see section 45-50). its code. 30 C. 1. Waivers. Waivers from the NBOZ regulations may be granted by the 31 village to certain standards in the C-NB district in accordance with the 32 applicable village procedures for granting waivers (see section 45-51), with 33 these additional requirements: from its own code of ordinances. 34 1. The waiver process in the C-NB district cannot be used to: 35 a. Increase the allowable residential density or building height. 36 b. Add uses that are not allowable under this code. 37 2. These additional findings must be made before the village approves a 38 waiver in the C-NB district: 39 a. The proposed waiver meets the intent of the Northlake Boulevard 40 regulations adopted concurrently by the village, county, Town of 41 Lake Park, and City of Palm Beach Gardens. Proposed Changes to NBOZ Overlay Page 2 of 8 "O?@9@K ¬ +˴,7 KF U‚+˴ 1 A RTICLE 4 Z ONING R EGULATIONS 2 Sec. 4-1 Development review regulations. 3 A. Allowable Uses. Table 4-1 indicates allowable uses in the C-NB district. 4 1. The uses listed in Table 4-1 are grouped into four use groups: 5 Residential Uses, Lodging Uses, Business Uses, and Civic & 6 Education Uses. 7 2. In one of the columns following each listed use, a symbol is provided 8 to indicate that: 9 a. This use is permitted by right; or 10 b. This use may be approved as a special exception; see section 45- 11 16.2 for standards and procedures; or 12 c. This use, like other uses not listed in Table 4-1, is not permitted 13 in the C-NB district. 14 3. Terms in Table 4-1 are defined in section 45- 15 4. Also refer to section 45-16.1 on uses that are similar to uses listed in 16 Table 4-1. 17 A. Conditional use and special permit use. Conditional uses and special permit 18 uses are generally compatible with the other uses permitted in the district, 19 but which require individual review as to their location, design, 20 configuration, intensity and/or density of use, buildings and structures, and 21 may require the imposition of conditions in order to ensure the 22 appropriateness of the use at a particular location. The supplemental 23 regulations outlined in section 4-3 of this article are to be considered in 24 addition to the existing village standards; however, the most restrictive 25 regulations apply. Special permit uses are generally temporary for a 26 specified fixed period of time. 27 1. Standards for conditional uses and special permit uses. These uses 28 shall be permitted only if the applicant for conditional use or special 29 permit use approval demonstrates the following: 30 a. The proposed use is in compliance with all requirements of and 31 is consistent with the general purpose, goals, objectives and 32 standards of the village's land development regulations and 33 comprehensive development plan; 34 b. The proposed use will not have an undue adverse effect on 35 nearby properties; 36 c. The proposed use is compatible with the existing or planned 37 character of the neighborhood in which it would be located; and 38 d. All reasonable steps have been taken to minimize any adverse 39 effect of the proposed use on the immediate vicinity through site 40 design, landscaping and screening. Proposed Changes to NBOZ Overlay Page 3 of 8 "O?@9@K ¬ +˴,7 KF U‚+˴ 1 Table 4-1___Allowable Uses P ERMITTED S PECIAL N OT U SE E XCEPTION P ERMITTED R ESIDENTIAL U SES Mobile home park Dwelling, one family detached Dwelling, all other dwelling types Live/work unit Assisted living facility Community residential home L ODGING U SES Bed-and-breakfast establishment Hotel Motel Time-share unit B USINESS U SES Offices, general Office or clinic, medical or dental Stores & services, general Stores & services, large format Adult entertainment Convenience store with fuel Dog daycare Drive-through facility (for any use) Garage, parking Heavy commercial and light industrial: Contractor and trade operation Vehicle sales or repair All other Medical marijuana treatment center Restaurant or cocktail lounge Telecommunications antennas C IVIC & E DUCATION U SES Child care facility Church or place of assembly Civic space Family day care Government building Hospital or medical center Public space School, public or private 2 Proposed Changes to NBOZ Overlay Page 4 of 8 "O?@9@K ¬ +˴,7 KF U‚+˴ 1 2. Conditions on conditional uses and special permit uses. The village 2 council shall attach such conditions, limitations and requirements as 3 are necessary to carry out the purpose of the village's land 4 development regulations and comprehensive development plan and to 5 prevent or minimize adverse impacts on adjacent properties, including, 6 but not limited to, conditions relating to the size and intensity of the 7 use, landscaping, lighting, adequate ingress and egress, traffic 8 circulation and hours of operation. Such conditions shall be set forth 9 expressly in the resolution granting the conditional use or special 10 permit use. 11 3. Review by village council. The village council shall conduct a public 12 hearing on a conditional use or special permit use application and 13 determine whether the request meets the criteria established in this 14 section. At the close of the public hearing, the village council shall 15 either adopt a resolution granting the application, with or without 16 conditions, or deny the application. 17 B. Prohibited uses. Uses not listed in the use chart are prohibited unless it is 18 determined by the village that the requested use is similar in nature to a 19 listed use and not contrary to the intent of the NBOZ. 20 B. Building height. Building height is regulated through the architectural 21 standards in Article 5; in no case may a building in the C-NB zoning district 22 exceed 4 stories in height. For the purpose of calculating the number of 23 stories in a building, stories shall be defined as the space between finished 24 floor and finished ceiling, adjusted as follows: 25 1. Each level devoted to parking is considered as individual story when 26 calculating the number of stories in a building. 27 2. A mezzanine will not count towards the number of stories provided 28 that the total area of mezzanine level is less than 40 percent of the 29 floor area of the main story below. 30 C. Existing planned development districts. Properties within the jurisdiction 31 of the village, which have a PUD designation at the time of adoption of the 32 original NBOZ overlay in 2003, shall be permitted to have uses and design 33 guidelines in accordance with the development order for that planned 34 development district so long as the development order is in effect. Any 35 amendment to the PUD will have to comply with the design guidelines of 36 the current C-NBOZ district. 37 D. Variances. A variance from the supplementary use standards established in 38 this article shall not be granted by the village. 39 D. E. Accessory use. An accessory use is customarily associated with the 40 principal use, incidental to the principal use, and subordinate in area, extent 41 or purpose, and serves only the principal use. Accessory uses shall be 42 subject to the following: 43 1. All accessory uses shall be located on the same lot as the principal use. Proposed Changes to NBOZ Overlay Page 5 of 8 "O?@9@K ¬ +˴,7 KF U‚+˴ 1 2. A use that is an accessory to a nonresidential principal use shall not 2 exceed thirty (30) percent of the floor area or business receipts of the 3 principal use. 4 F. E. Parking and loading. Properties will retain the existing parking ratios as of 5 the date of adoption of the C-NB Code, which are listed in C-S code section 6 45-33.E. A new mixed-use development or mixed-use redevelopment may 7 be granted the mixed-use parking standards listed in Table 16.A within 45- 8 31.H. 9 a. Physical standards for parking lots, driveways, and loading are 10 provided in subsection 45-36.J. 11 b. Mixed-use developments qualify for the shared-parking percentage 12 reductions specified in Figure 14 in 45-31 (H) provided the 13 development includes at least 10% of its gross floor area in a second 14 category on Figure 14 (residential, lodging, office, business, and 15 civic/education uses). 16 All parking and loading standards are governed by the village. 17 E. F. G. Measuring distances. All required distances between structures and/or 18 uses within this article shall be measured and determined irrespective of 19 existing municipal boundaries. 20 Sec. 4-2 Land use chart. 21 \[the land use chart, endnotes, and district boundaries are being deleted\] 22 F. G. Notwithstanding anything contained elsewhere within this code ordinance, 23 the properties covered by the C-NBOZ district which have approved uses 24 under the immediately prior existing underlying zoning district of the village 25 that are considered or deemed not approved uses in the land use chart above, 26 shall retain their permitted status rather than being deemed not be non- 27 conforming (see sections 45--68). 28 Sec. 4-3 Use definitions and supplemental regulations. 29 \[all use definitions and their supplemental regulations are being deleted\] 30 A RTICLES 5 THROUGH A RTICLE 8 31 In addition to the specific changes to Articles 5 through 8 identified on the following 32 pages, the following general changes are being made throughout these articles: 33 Every occurrence of the acronym is being changed to 34 C- 35 changed 36 37 38 is being C-NB Proposed Changes to NBOZ Overlay Page 6 of 8 "O?@9@K ¬ +˴,7 KF U‚+˴ 1 A RTICLE 5 A RCHITECTURAL E LEMENTS 2 No additional changes are being made to Article 5. 3 A RTICLE 6 L ANDSCAPE E LEMENTS R ESERVED 4 A RTICLE 7 S IGNAGE AND O UTDOOR D ISPLAYS 5 The row in Table 7-6 that applies to the Central/West District is being deleted. Proposed Changes to NBOZ Overlay Page 7 of 8 "O?@9@K ¬ +˴,7 KF U‚+˴ 1 A RTICLE 8 S ITE P LAN E LEMENTS 2 Sec. 8-2 Building orientation and placement. 3* * * 4 D. Building envelope, bulk and setback requirement. In order to establish 5 overall building envelope, bulk, and setback provisions within the C-NBOZ 6 district, the following regulations are established for the purposes of this 7 section. 8 Table 8-2 --- Proposed Setbacks 9\[delete columns headed West, Central and Marine\] 10 Sec. 8-4 Pedestrian amenities. 11 A. General design. Uses shall contribute to pedestrian-friendly focal spaces 12 through the provision of aesthetic walking paths, pedestrian spaces with 13 furnishings, public art, generous plantings, marked crosswalks, and 14 vehicular parking and circulation areas clearly separated from such 15 pedestrian amenities. 16 1. Sidewalks shall be of barrier-free design to the greatest extent 17 possible. 18 2. Pedestrian circulation systems shall include gathering/sitting areas. Pedestrian Amenities 19 B. Width and materials. Sidewalks shall be a minimum of five (5) feet in 20 width and shall be constructed of stone, textured cement, concrete pavers, or 21 brick. 22 C. Pedestrian entrances. 23 1. Major public entrances shall be located along Northlake Blvd. 24 2. A clearly designated pedestrian walkway and similar pedestrian- 25 oriented facilities shall be provided from public sidewalks to public 26 entrance or walkways within a commercial site, as well as between 27 abutting commercial properties. 28 D. Pedestrian walkway to Earman River (C-17 Canal). A clearly designated 29 pedestrian walkway shall be provided from public sidewalks to the rear lot 30 line on all properties located between US Highway 1 and a point 200 feet 31 east of the centerline of Southwind Drive. This requirement shall not apply 32 if the location of existing buildings make it impractical. Proposed Changes to NBOZ Overlay Page 8 of 8 Exhibit 7 (Landscaping) 1 ARTICLE VIII. - LANDSCAPING 2 Sec. 45-81. 6-1. - Intent. 3 A. Purpose and intent. The provisions of this section are intended to ensure 4 that properties within the NBOZ Village meet minimum landscaping 5 standards in order to: 6 1 Improve and sustain the aesthetic appearance of the village through 7 creative landscaping which helps to harmonize and enhance the natural 8 and built environment. 9 2. Promote water conservation by encouraging xeriscaping Florida- 10 friendly landscape principles and utilization of native and drought 11 tolerant landscape material and utilization of water conserving 12 irrigation practices; 13 3. Provide a visual buffer between otherwise incompatible types of land 14 uses and adjacent rights-of-ways. 15 4. Encourage innovative and cost-effective approaches to the design, 16 installation, and maintenance of landscaping. 17 B. Landscape principles. The Village promotes Florida-friendly landscaping 18 as defined in F.S. § 373.185 and requires that installed landscapes be 19 designed and maintained with full consideration of the following principles: 20 1. Specify the right plant in the right place by selecting pest-resistant 21 plants that match the sites soil, light, water, and climate conditions, 22 with an aim for a diversity of trees, shrubs, groundcover, and flowers. 23 2. Design for more efficient irrigation by grouping plants with similar 24 watering needs together and zoning the irrigation system accordingly. 25 3. Select sustainably harvested mulch for landscape beds and around tree 26 trunks. 27 4. Use proper maintenance practices, including fertilizing appropriately 28 to prevent pollution and maximize plant health and spot-treating pests 29 with selective spectrum pesticides. 30 Sec. 45-82. 6-2. - Administration. 31 A. Applicability. The provisions of this article shall apply to all existing and 32 future development within the boundaries of the NBOZ village as follows: 33 1. New development. All new development. 34 2. Existing development. All existing multifamily, mixed-use, 35 commercial, and industrial development shall conform with the 36 provisions of the article by May 31, 2014. if requesting any of the 37 following types of changes to existing development or to a previously 38 approved development plan: Proposed Landscaping Regulations Page 1 of 29 Exhibit 7 (Landscaping) 1 a. Increase in the total square footage of any building by more than 2 twenty (20) percent; 3 b. Increase in the number of structures; or 4 c. Increase in the building height of any building. 5 3. Existing development along Northlake Boulevard. See section 45-83. 6 4. Exceptions. This article does not apply to the construction, 7 renovation, or replacement of single-family or two-family dwellings. 8 B. Exemptions. All licensed plant or tree nurseries or tree farms shall be 9 exempt from the terms and provisions of this article, but only with respect to 10 those trees planted and growing which are for sale to the general public in 11 the ordinary course of the business. The landscaping required for buildings 12 and parking lots shall be provided. 13 C. Modifications. The Community Development Director may modify a 14 locational requirement for required landscaping if necessary due to site 15 constraints that were discovered after site plan and appearance approval or 16 PUD approval; however, the amount of landscaping that is required may not 17 be reduced. 18 C. Waiver. The landscape regulations may be waived in whole or part by the 19 village when a property owner has demonstrated that the requirements 20 contained in this article will reduce required parking, or substantially restrict 21 the operation of the existing business or property's use. 22 D. Compliance. Failure to install, maintain, or preserve landscaping or native 23 vegetation required in accordance with the terms of this article shall 24 constitute a violation of this article. 25 1. Failure to comply. If the property fails to meet the requirements of 26 this article, or if the existing trees, shrubbery, grass, or groundcover 27 are permitted to die, and such materials are not replaced within thirty 28 (30) days of the event, the code enforcement officer shall notify, in 29 writing, the person responsible for the maintenance or replacement of 30 such property of the need to comply with the requirements of this 31 section within thirty (30) days from the date of delivery of the notice. 32 2. Extensions. The thirty (30) day rule for compliance may be extended 33 when necessary by the village to recover from acts of nature such as a 34 hurricane or a drought. 35 3. Temporary exemptions. Temporary exemptions from compliance of 36 this section may be granted as per the village, if the violation is a 37 direct result of a natural disaster occurrence or drought. 38 4. Relocation or replacement for redevelopment. The site plan approved 39 to remedy any violation of this article shall include landscaping and Proposed Landscaping Regulations Page 2 of 29 Exhibit 7 (Landscaping) 1 tree preservation, replacement or relocation to comply with all 2 requirements herein, including . Relocation or replacement shall 3 comply with the standards listed below. 4 a. Existing trees shall be preserved in place to the best extent 5 practical. Tree preservation shall include measures to protect 6 existing trees from construction encroachment within their 7 driplines. 8 b. Trees that cannot be preserved in place shall be evaluated by a 9 ed 10 condition rating of the tree is greater than 60%, the tree shall be 11 relocated within the project limits or within Village of North 12 Palm Beach public lands. 13 c. a. Trees having a four (4) three (3) inch or greater caliper at 14 diameter at breast height (DBH) that cannot be preserved in 15 place or relocated which are to be replaced shall be replaced by 16 the sum of three (3) caliper inches to every one (1) inch lost and 17 are of like or similar species. Replacement trees shall be a 18 minimum of three (3) inches in caliper. For example, if an 19 existing five (5)-inch caliper tree is removed from the subject 20 property, fifteen (15)-inches in caliper are required for 21 replacement. A combination of tree sizes may be utilized as long 22 as no tree is less than three (3) inches in caliper. 23 d. b. If the site cannot support the total number of required 24 replacement trees as determined herein, the village may permit 25 the owner to donate excess trees to the village for planting on 26 public lands at the owner's expense; contribute to the village the 27 monies equivalent to such required replacement trees; or permit 28 the required replacement trees to be placed upon other lands 29 owned by the same property owners. 30 c. The village may require alternative landscape solutions such as 31 additional aesthetic hardscaping, site amenities, or specimen 32 landscaping as per the intent of this article. Proposed Landscaping Regulations Page 3 of 29 Exhibit 7 (Landscaping) 1 Sec. 45-83. 6-3. - Landscape areas in the C-NB zoning district. 2 Nonconforming 3 A. Nonconformities established. All development constructed prior to the 4 effective date of these regulations that do not conform with the provisions of 5 this article shall be considered nonconforming. 1. If nonconforming 6 landscaping is damaged or destroyed by any means to the extent of fifty (50) 7 percent or more of its replacement value at the time of the damage, the 8 replacement landscaping and elements must conform to all of the provisions 9 of this article. 10 B. Maintenance. Nonconforming landscape areas are not exempt from 11 minimum maintenance standards. 12 C. Amendments to the approved plan. The following types of amendments to a 13 previously approved development plan shall require the review of the 14 landscape plan for the entire site using the minimum landscape standards in 15 this article: 16 1. Increase in the total square footage of any building by more than 17 twenty (20) percent; 18 2. Increase in the number of structures; or 19 3. Increase in the building height of any building. 20 D. Notice of nonconforming status. All existing development along 21 Northlake Boulevard was required to conform with the new landscaping 22 regulations by May 31, 2014. On any properties where this requirement has not 23 been met, this requirement remains in effect until compliance has been achieved. 24 Upon the effective date of this article or upon the future annexation of properties, 25 the village shall contact the owners of all properties developed for nonresidential 26 purposes that do not comply with the provisions of this article. The notice shall 27 inform the property owners that the property is being placed in a nonconforming 28 \[property\] and that the owner of nonconforming property shall have eight (8) 29 years from the date of the nonconforming notice to comply with the requirements 30 set forth in this article. Written notice to the property shall be provided by 31 certified mail. 32 Proposed Landscaping Regulations Page 4 of 29 Exhibit 7 (Landscaping) 1 Sec. 45-84. 6-4. - Tree and Plant quality, species, and installation. 2 A. Minimum plant quality. Plant quality for all required landscaping shall be 3 Florida No. 1 or better, as provided in Grades and Standards for Nursery 4 Plants, Part 1 and Part 2, as amended, as published by the Florida 5 Department of Agriculture and Consumer Services. All vegetation shall be 6 clean and free of noxious pests or disease, 7 B. Preferred Low-maintenance species list. For required landscaping, 75 8 Low-Maintenance 9 Landsc (latest edition published by the 10 University of Florida IFAS Extension office). Low-maintenance plants have 11 low fertilizer requirements, few pest and disease problems, and do not 12 require frequent maintenance. Some low-maintenance species are identified 13 in this publication as native species; certain landscaping requirements in this 14 article include a minimum percentage of these native species. The preferred 15 species list contained in section 4-7 periodically revised, as needed. To the 16 greatest extent possible, the species list shall represent plants that are 17 drought tolerant plants, noninvasive; not destructive to native plants, and 18 strong wooded, non-brittle plants. 19 C. Installation. 20 1. All landscaping shall be installed with sound workmanship and sound 21 nursery practices in a manner that will encourage vigorous growth. 22 2. A plant or tree's growth characteristics shall be considered before 23 planning planting to prevent conflicts with views, lighting, utilities, or 24 signage. 25 D. Root barriers. The village shall require root barriers for trees planted within 26 fifteen (15) feet of any road right-of-way, sidewalk, or utility. In 27 determining the appropriateness of particular protection techniques, the 28 village shall use the current edition of the Tree Protection Manual for 29 Builders and Developers, published by the State Division of Forestry, 30 Florida Department of Agriculture and Consumer Services. Proposed Landscaping Regulations Page 5 of 29 Exhibit 7 (Landscaping) 1 Sec. 6-5. New construction and substantial revision. 2 A. Landscape area. At least fifteen (15) percent of the total parcel area shall be 3 landscaped, excluding any area utilized for required parking. 4 B. Overall landscaping. The required area to be landscaped may include any 5 of the following: \[this material is being relocated to Table 45-87.B\] 6 1. Entry features; 7 2. Massing of landscaping to produce focal points; 8 3. Foundation plantings; 9 4. Trellises, arbors, and similar structures; 10 5. Planter and flower boxes; 11 6. Freestanding planters and pottery; 12 7. Sidewalk plantings; 13 8. Landscaped courtyards, loggias, patios, and similar open areas 14 available for public use; and 15 9. Materials installed within publicly owned lands. 16 Sec. 45-85. 6-6. - Prohibited and standard invasive plants. 17 A. Prohibited plantings. 18 A. 1. Artificial plants or vegetation may not be used to meet the landscaping 19 requirements of this article. shall be prohibited. 20 B. 2. Prohibited plants shall not be planted within the village. NBOZ, and 21 existing prohibited plants shall be removed if determined to be invading 22 adjacent native plant communities. The list of prohibited plant species shall 23 include all species identified as Category 1 invasive species on List of 24 Invasive Plant Species (latest edition published by the Florida Exotic Pest 25 Plant Council), specifically including the following species: , include, but 26 are not limited to Casuarina spp. (Australian Pine), Ficus bengalensis 27 (Banyan), Schinus terebinthifolius (Brazilian Pepper), Supaniopsis 28 anacardioides (Carrotwood), Acacia auriculiformis (Earleaf Acacia), 29 Pueraria montana (Kudzu), and Melaleuca quinquenervia (Melaleuca/Punk 30 Tree/Pepper Tree), and Schefflera actinophylla (Umbrella Tree). 31 C. All existing Category 1 invasive species shall be removed from existing 32 development if the thresholds in section 45-82.A.2 are exceeded. 33 B. Controlled plant species. The following species may be planted or 34 maintained under controlled conditions and shall not exceed a maximum of 35 ten (10) percent of the total number of required trees. 36 1. Black olives. Black olives shall not be installed within fifteen (15) feet 37 of any parking area. Proposed Landscaping Regulations Page 6 of 29 Exhibit 7 (Landscaping) 1 2. Ficus species. Ficus species may be planted as individual trees or 2 hedge material provided that individual trees are no closer than thirty 3 (30) feet from any public road right-of-way, utility, or structure. 4 Hedges shall not exceed eight (8) feet in height and be regularly 5 maintained. 6 Sec. 6-7. Preferred landscape palette. 7 A. Preferred trees. Fifty (50) percent of the required trees shall be selected 8 from the list presented below. Table 6-7A --- Preferred Tree Species Common Name Scientific Name 1. Cabbage Palm Sabal palmetto 2. Cattley Guava Psidium littorale 3. Dahoon Holly Hex Cassine 4. Ligustrum Tree Ligustrum lucidum 5. Live Oak Quercus virginiana 6. Mahogany Swietenia mahogani 7. Oak Quercus spp. 8. Oleander Tree Nerium oleander 9. Pink Tabebuia Tabebuia heterophylla 10. Pygmy Date Palm Phoenix roebellini 11. Silver Buttonwood Conocarpus erectus 12. Washington Palm Washingtonia robusta 13. Wax Myrtle Myrica cerifera 14. Weeping Bottlebrush Callistemon viminalis 9 B. Preferred shrubs and groundcovers. Fifty (50) percent of the required 10 shrubs and groundcovers shall be selected from the list presented below: Proposed Landscaping Regulations Page 7 of 29 Exhibit 7 (Landscaping) Table 6-7B --- Preferred Shrub/Groundcover Species Common Name Scientific Name 1. Bougainvillea Bougainvillea spp. 2. Cocoplum Chrysobalanus icaco 3. Confederate Jasmine Trachelospermum jasminoides 4. Crinum Lily Crinum asiaticum 5. Croton Codiaeum variegatum 6. Dwarf Oleander Nerium oleander 'petite' 7. Dwarf Philodendron Philodendron 'xanadu' 8. Fakahatchee Grass Tripsacum dactyloides 9. Hibiscus Hibiscus spp. 10. Liriope Liriope muscari 11. Saw Palmetto Serenoa repens 1 Sec. 45-86. Submission requirements for landscaping. 2 Plans must be submitted that demonstrate compliance with Village 3 landscaping requirements. These plans must be prepared by a landscape architect 4 authorized by chapter 481, Florida Statutes, and must contain the following: 5 A. Tree disposition plan, depicting: 6 1. Existing trees, with a unique number assigned to each tree; and 7 2. A tree survey table with the following information listed by tree 8 number corresponding to the numbered existing trees on the plan view: 9 a. Common and botanical species name 10 b. Diameter at breast height (DBH) for all trees 3DBH and greater 11 c. Clear trunk (CT) height for all palms greater than 6 CT 12 d. Proposed tree disposition (remain/protect, relocate, or remove) 13 B. Landscape plan, depicting: 14 1. Existing plant material to remain; 15 2. Existing trees and shrubs and site improvements on abutting properties 16 within 25 feet of the property lines. This information may be obtained 17 from aerial photographs and approximate locations based on field 18 observations; 19 3. The location and outline of proposed buildings and site improvements 20 including landscaping, paving, utilities, easements, and rights-of-way; 21 4. Existing site improvements to remain including buildings, paving, 22 utilities, easements, and rights-of-way; 23 5. Proposed plant materials by botanical and common names and by 24 installation size and spacing; and 25 6. Signage locations, including monument signage and wall-mounted 26 building signage. Proposed Landscaping Regulations Page 8 of 29 Exhibit 7 (Landscaping) 1 C. Irrigation plan, containing the following: 2 1. Technical specifications for the irrigation system, as required by the 3 Florida Building Code, Plumbing for preconstruction submittals; 4 2. Water source (well/pump, canal/pump, reclaimed, potable, etc.) and/or 5 water service connection location and backflow prevention device, as 6 applicable; and 7 3. Rain and/or moisture-sensing device(s), as required by Florida Statutes 8 373.62. 9 Sec. 45-87. 6-8. Criteria for required landscaping. 10 Minimum landscape requirements. 11 A. Required landscaped areas. The following uses areas are within 12 nonresidential developments shall be required to provide landscaping: , as 13 required herein. 14 1. Miscellaneous landscape elements, as required in section 45-88; 15 2. 1. Off-street parking lots, Vehicular use areas as required in section 16 45-89 6-8; 17 3. Site perimeters, as required in section 45-90; and 18 4. 2. Building Base of foundation, as required by section 45-91. 6-12; 19 and 20 3. Signs as required by article 7. 21 B. Natural form. New trees and shrubs should duplicate natural patterns with 22 multiple plant sizes, spacing, plant clusters, and single plantings. Proposed Landscaping Regulations Page 9 of 29 Exhibit 7 (Landscaping) 1 C. Size and configuration of plants. Minimum landscape standards. All 2 required landscapeing installed shall meet the minimum standards 3 requirements of Table 45-87-A 6-8A and as otherwise provided herein. Table 45-87-A 6-8A Minimum Size and Configuration Standards Landscape Requirements Plant Other Installation Requirements Minimum Size at Planting Material 12 feet with a minimum crown of 5 50% of required trees shall be selected feet. (1) from the preferred plant list. All trees: 8 feet tall at planting, 75% of required trees with a minimum crown shall be low maintenance. (5) Trees at planting of 3 feet. (1) 50% of required trees Shade trees: 12 feet tall shall be shade trees. at planting, with a minimum 50% of required trees shall be native trees. crown at planting of 5 feet. (1) 8 feet clear trunk 3 palms equals 1 required canopy tree. Palms when used for required buffer or 75% of required palms shall be parking purposes. (2, 3) low maintenance. (5) See list of specimen palms in (4) 1 specimen palm shall equal Specimen 1 shade tree or 3 palms. Palms 12 feet clear trunk (2) Planted not more than 36 24 inches on center. Hedge 30 24 inches tall 75% of required shrubs shall be Shrubs low maintenance. (5) 60-inch trellis length, with 3 or Vines Attached to support. (6) more live runners at planting Notes: (1) Height measured from grade to average end of branches, not the tallest of one or two branches and a minimum crown of five (5) feet. (2) Height measured as clear gray trunk (CT) height: from the top of the root ball to the trunk. (3) Palms not classified as specimen palms and planted in perimeter buffer areas shall be installed in groups of not less than three. (4) Specimen palms: Phoenix canariensis, sylvestris, reclinata, or dactylifera; Bismarkia nobilis; Roystonea spp.; Attelea spp.; and Cocos nucifera (Green Maypan or Green Malayan only) (5) Low-maintenance and native species are described in section 45-84. (6) Support shall be provided consistent with sound horticultural practices to encourage future growth. 4 Proposed Landscaping Regulations Page 10 of 29 Exhibit 7 (Landscaping) 1 D. Minimum Landscape points to exceed minimum standards. In addition to 2 meeting all other landscaping requirements, each development parcel must 3 supplement the minimum standards by qualifying for additional landscape 4 points. Points are awarded for landscape material and improvements that 5 exceed the minimum standards, including exceeding the size and volume of 6 required material. 7 1. Parcels less than 1 acre must exceed the minimum standards by 50 8 points. 9 2. Parcels between 1 and 2 acres must exceed the minimum standards by 10 100 points. 11 3. Each additional acre or portion thereof requires 50 additional points. 12 Tables 4-8B and 4-8C shall be used to determine the minimum landscape 13 points per open space a project shall be required to provide. Achieving the 14 minimum open space landscape point requirement does not exempt a project 15 from compliance with other requirements of this article. 16 4. E. Total landscaping points. Achieving the total points per open 17 space for an entire project within one or more areas does not exempt 18 one from complying with all other requirements, even if that means 19 exceeding the minimum required. 20 5. If a redevelopment project is unable to meet the point system or open 21 space requirements of this article, required landscape points may be 22 acquired by placing equivalent landscaping on public lands, parks, 23 road rights-of-way, or other similar public space, if acceptable to the 24 village and the entity that manages the land, up to a maximum of fifty 25 (50) percent reduction of required points. Table 6-8B --- Minimum Landscape Requirements for Point System Delineation % Open Space Points per 100 % Open Space Points per 100 Provided* Square Feet Provided* Square Feet < 15% 22 2527% 14 16% 21 2829% 13 17% 20 3032% 12 18% 19 3334% 11 19% 18 3539% 10.5 20% 17 4049% 9.5 2122% 16 5059% 8 2324% 15 > 60% 7 Notes *Example: 15% project open space requires 22 points/100 square feet < = Equal to or less than > = Equal to or greater than 26 Proposed Landscaping Regulations Page 11 of 29 Exhibit 7 (Landscaping) Table 45-87-B 6-8C Required Supplemental Landscape Installation Points Category Points 25 per tree or palm retained Specimen Trees or Palms (1) * or planted additional Specimen Plants* 15 additional Specimen Palms* 25 additional 20 per tree retained or planted, plus Native Trees (1) (if >5 Inches DBH) 1 point for each inch >5 DBH Trees w/12 foot minimum height (minimum of 50% 15 plus 1 point for each foot than from Preferred Tree Species list) (See Note 1) minimum Low-Maintenance Trees not on Preferred Tree Species 5 per tree planted list or < > 12 foot minimum height 3.3 per palm planted, points plus 1 Low-Maintenance Palms from Preferred Tree Species point for each foot of clear trunk > 8 list w/minimum > 8 feet of clear trunk feet Courtyards, loggias, patios, and 50 points similar open areas available for public use Massing of landscaping including trees, shrubs, up to 25 points groundcover, and flowers to produce focal points Trellises, arbors, or flower boxes up to 25 points Sidewalks & adjoining landscaping that connect up to 25 points parking lots or alleys to buildings or to public sidewalks Palms not on Preferred Tree Species List or less than 8 1 feet of clear trunk All Shrubs (minimum of 50% from Preferred Shrub 1 Species list) All Groundcover (minimum of 50% from Preferred 2 points per 10 square feet Groundcover Species list) Grass .25 (¼) points per 10 square feet Notes (1) Abused trees, as determined by the village, shall not count toward required points. * = Justification to be provided consistent with definition below. DBH= Diameter at Breast Height. (4-½ feet above grade) < = Less Than. > = Greater Than. 1 E. Reserved. Proposed Landscaping Regulations Page 12 of 29 Exhibit 7 (Landscaping) 1 F. Reserved. Water conservation. 2 1. Landscape plans shall be required to use minimum water conservation 3 techniques such as the following: 4 a. Moisture-Sensing Controller (other than rainswitch). 5 b. Drip/Trickle/Micro Irrigation System. 6 c. Quality Effluent Irrigation. 7 2. Water conservation may also be obtained through the use of the following: 8 a. Florida Native Landscaping. 9 b. Very drought-tolerant trees, shrubs and groundcovers. 10 c. Native wildflowers, meadow grasses or groundcover in lieu of 11 allowable sodded area. 12 G. Specimen trees and palms. Specimen trees and palms are either: shall be 13 considered as 14 1. Existing native trees if in good health, and over thirteen (13) inches at 15 diameter at breast height (DBH), and not a Category 1 invasive species 16 (latest edition published by the 17 Florida Exotic Pest Plant Council) or larger. 18 2. A newly planted palm of a species listed in Table 45-87-A. 19 H. Shade canopy trees. 20 1. Canopy trees shall be installed in the landscape buffer at a maximum 21 of thirty (30) feet on center. 22 1. 2. The Canopy Shade trees, at maturity, shall be of a species, which 23 possess an average spread of at least twenty-five (25) feet and a clear 24 trunk of at least six (6) feet. 25 2. 3. The village staff may approve Approval of the use of shade trees 26 with a lesser mature canopy spread, provided that groupings of such 27 species are utilized to achieve the average spread. 28 I. Palm trees. 29 1. Palms must attain a minimum twelve (12) feet in height at maturity. 30 2. Palms must be resistant to lethal yellowing. 31 J. Tree species mix. When more than fifteen (15) trees are required to be planted 32 to meet the landscaping standards of this section, a mix of species shall be 33 provided according to the overall number of trees required to be planted. 34 Species shall be planted in proportion to the required mix. The minimum 35 number of species to be planted is indicated in Table 45-87-C. 6-8D. Proposed Landscaping Regulations Page 13 of 29 Exhibit 7 (Landscaping) Table 45-87-C 6-8D --- Required Species Mix Required Number of Trees Min. Number of Species Required Number of Trees Min. Number of Species 1620 2 3 3140 4 5 2130 3 4 41 + 5 6 1 K. Native and drought-tolerant trees. 1. A minimum of fifty (50) percent of 2 all trees used to satisfy the standards of this article shall be classified as 3 native species (see section 45-84). 2. In addition, fifty (50) percent shall be 4 classified as drought-tolerant by the most recent edition of the South Florida 5 Water Management District's "Xeriscape Plant Guide." 6 L. Shrubs and hedges. groundcovers. 7 1. At least fifty (50) percent of all required hedges and shrubs shall be 8 classified as native species (see section 45-84). drought tolerant by the 9 most recent edition of the South Florida Water Management District's 10 "Xeriscape Plant Guide." 11 2. At the time of installation, required hedges and shrubs shall be a 12 minimum of twenty-four (24) inches in height, or eighteen (18) inches 13 in height for native species, spaced at a maximum of thirty-six (36) 14 twenty-four (24) inches on center. 15 3. Required hedges shall form a solid, continuous visual screen of at least 16 three (3) feet in height within two (2) years of planting. 17 4. Hedges used in combination with nonliving landscape barriers to meet 18 the six (6) feet screen requirements in section 45-88 shall be installed 19 at the height necessary to provide the total six (6) foot screen within 20 (2) years of planting. 21 M. Reserved. Sod or grass. Not more than forty (40) percent of the total 22 landscape area shall be covered with sod or grass. 23 N. Ground treatment. 24 1. The ground area within required landscaped areas which is not 25 dedicated to trees or palms, or the preservation of existing or new 26 vegetation, shall receive appropriate landscape treatment such as grass, 27 groundcover, mulch, or shrubs and present a finished appearance upon 28 planting. 29 2. Sand, gravel, shellrock, or pavement shall not be considered 30 appropriate landscape treatment. 31 3. The following standards shall apply to the design of ground treatment. 32 a. Plants. Ground cover. Live material used as ground cover shall 33 provide a minimum of fifty (50) percent coverage immediately Proposed Landscaping Regulations Page 14 of 29 Exhibit 7 (Landscaping) 1 upon planting and one hundred (100) percent coverage within 2 one (1) year. 3 b. Mulch. Mulch shall be installed and maintained at a minimum 4 depth of three (3) inches at all times, in all planted areas not 5 containing ground cover, except leaving two inches of space 6 around tree trunks to prevent rot. 7 i) All mulch material shall be seed and weed-free to prevent 8 tree sprouting and regrowth, and shall be sustainably 9 harvested such as melaleuca, pine straw, or eucalyptus. 10 ii) Mulch shall be temporarily applied to areas not 11 immediately covered by groundcover. 12 iii) Mulch will be thoroughly wet at the time of application to 13 prevent wind displacement. 14 c. Pebble and egg rock. Pebble or egg rock may be used in a 15 limited amount as a ground treatment in areas where drainage is 16 a problem. 17 d. Lawn and turf grass. Grass areas shall be planted with species 18 suitable as permanent lawns. Use of drought-tolerant 19 groundcover instead of lawn and turf grass is encouraged. 20 O. Flowers. Flower boxes and hanging pots should complement the overall 21 architecture of the facade and not obscure architectural details. The boxes 22 should be well constructed, and accommodate watering needs without 23 allowing water to drip or leak onto the building or sidewalk. 24 P. Reserved. Redevelopment and nonconforming projects. \[content moved to 25 45-87.D.5\] 26 Q. Landscape in easements. 27 1. Landscaping may be permitted in easements with the written 28 permission of the easement holder. Trees planted within any easement 29 with overhead utilities shall be consistent with FP&L's suggested tree 30 list "Plant the Right Tree in the Right Place," taking into consideration 31 the mature height and spread of the species beneath or adjacent to 32 existing overhead utilities. 33 2. Easements may overlap a landscape buffer a maximum of five (5) feet 34 provided that there remains a minimum of five (5) clear feet for 35 planting, or if a wall with a continuous footer is used, a minimum of 36 ten (10) clear feet for planting. 37 3. The landscape buffer may be traversed by easements or access ways as 38 necessary to comply with the standards of this section. Proposed Landscaping Regulations Page 15 of 29 Exhibit 7 (Landscaping) 1 R. Perimeter landscaping. Only access ways and easements shall be permitted 2 as interruptions in perimeter landscaping and shall be included in the 3 calculation of linear dimension. No structures or parking are to be located in 4 this landscape area. 5 S. Landscaping in public road right-of-way. Maintenance of landscaped 6 rights-of-way shall be the responsibility of the project's property owner or, 7 as agreed upon in the development order approving the project, by special 8 districts created for unified maintenance. 9 Sec. 45-88. 6-9. - Miscellaneous landscape elements. 10 A. Alternative landscape materials. A landscape plan may utilize one or more 11 materials not specifically authorized in this article and must be demonstrated 12 to be consistent with the purposes and intent of this article. 13 B. Screening required. Uses within the overlay zone that shall be required to 14 be screened from public view are identified in this section. include 15 mechanical equipment areas, parking areas, satellite dishes mounted on the 16 ground, chain-link or other non-opaque fence or wall type, accessory use 17 structures, and other elements as defined by this article. 18 C. Perimeter walls and fences. 19 1. Perimeter walls, metal or wood fences, or other nonliving landscape 20 materials may be used in conjunction with vegetation to meet required 21 screening. landscaping. The heights of walls and fences are limited by 22 section 45-36. 23 2. Approved walls or fences shall be set back from property lines 24 adjoining streets sufficiently to include landscape on the street side 25 outside of the wall or fence. Chain link fences shall have a green or 26 black vinyl covering. 27 3. Maintenance of the wall or fence and associated landscaping by the 28 property owner is required. 29 D. Storage and garbage collection sites. All outside storage and trash or 30 garbage collection sites shall be completely screened from view, utilizing 31 any approved combination of walls and fences hedge (a minimum of six (6) 32 three (3) feet in height) structural barriers, berms that will fully or any 33 combination thereof to one hundred (100) percent screen the area from view 34 except for gates. 35 E. Service areas. 36 1. Service areas of nonresidential buildings, when visible from the street 37 right-of-way or adjacent residential land use, shall have barriers and/or 38 a hedge at a minimum of six (6) feet in height to screen the service Proposed Landscaping Regulations Page 16 of 29 Exhibit 7 (Landscaping) 1 area from this use. A hedge that is planted meet this requirement must 2 achieve this height within 2 years of planting. 3 2. Service areas may include interior or exterior work bays associated 4 with full service gas stations, tire repair, auto repair business, as well 5 as any business proposing loading or unloading docks. 6 F. Backflow preventers. Backflow preventer systems shall be screened from 7 public view, utilizing any combination of trees, palms, hedges, or other 8 barriers. 9 G. Reserved. Mulch. \[mulch standards relocated to 45-87.N.3\] 10 H. Pavers and other impervious surfaces. The use of concrete, asphalt, 11 impervious pavers, or similar impervious material, excluding sidewalks, 12 shall not exceed thirty (30) percent coverage of an open space area, and 13 shall not be wider than twelve (12) feet if used in a required landscape 14 buffer area. This limitation shall be increased to sixty (60) percent for 15 pervious concrete, pervious asphalt, and pavers set on a pervious base. 16 I. Signs. Landscaping around ground/monument signs is required and shall be 17 provided pursuant to article 7. 18 I. 2. Landscape area around signs. \[relocated from subsection 45-89.H.2\] 19 1. a. A three (3) foot wide planting area shall be required around the 20 base of all signs except signs that are mounted on buildings. 21 2. b. One (1) shrub for each ten (10) square feet of sign surface area shall 22 be installed within the three (3) foot planting area at the base of the 23 sign. 24 3. c. Ground/monument signs may be surrounded by ground cover 25 instead of shrubs. 26 4. d. Landscaping and trees which interfere with signage may be 27 relocated to the rear of the sign planting area. 28 J. Advertising. At no time shall a landscaped area be used for advertising 29 display or sales. Temporary signs may not be placed in landscaped areas. 30 K. Earth berms. Earth berms shall use long and gentle slopes and as non- 31 living landscape barriers only when installed in conjunction with plant 32 materials. 33 1. Berms five (5) feet or less in height shall have a maximum slope of 34 2:1. Berms greater than five (5) feet in height shall not exceed a ratio 35 of 3:1 in slope. 36 2. Hedges used in combination with earth berms to meet the six (6) foot 37 screen requirements in section 45-88 shall be installed at the height 38 necessary to provide the total six (6) foot screen at time of planting. Proposed Landscaping Regulations Page 17 of 29 Exhibit 7 (Landscaping) 1 Sec. 45-89. 6-10. - Landscape requirements for off-street parking 2 lots. areas. 3 A. Landscape buffer. A landscape buffer, at least five (5) feet in width, shall 4 be provided along all sides of parking lots, excluding a side or sides that 5 abut a building. This buffer strip shall be planted with shade trees at a 6 maximum spacing of thirty (30) feet on center and with a continuous hedge 7 that will be maintained at least three (3) feet high. 8 B A. Minimum spacing of shade trees. 9 1. The minimum shade tree spacing for interior parking lots areas shall 10 be such that the center of any parking space is not more than thirty 11 (30) forty (40) feet from the center of a the shade tree. 12 2. A shade tree may be replaced by a minimum of three (3) palms 13 clustered together, as long as the affected parking bays are more than 14 fifty (50) feet from a public street. 15 C B. Landscape islands. 16 1. Interior islands. An interior landscape island shall be required for 17 every wherever nine (9) or more parking spaces are located in a row. 18 a. Interior islands shall be spaced a maximum of ninety (90) feet 19 apart. 20 b. Interior islands shall measure at least (15) feet in length and eight 21 (8) feet in width, measured from back of curb to back of curb. 22 c. A minimum of one (1) shade tree shall be planted in each interior 23 island, in addition to shrubs and mulch or ground cover. 24 2. Terminal islands. Each row of parking spaces shall be terminated by 25 landscape islands. 26 a. Terminal islands shall measure at least (15) feet in length and 27 eight (8) feet in width, measured from back of curb to back of 28 curb. 29 b. A minimum of one (1) shade tree shall be planted in each 30 terminal island, in addition to shrubs and mulch or ground cover. 31 3. 2. Landscape diamonds. The use of Landscape diamonds may be 32 substituted for interior landscape islands parking lot tree planting is 33 permitted as per this section for parcels less than 1 acre, but not for 34 terminal excluding islands at the end of parking rows. 35 a. I. Landscape diamonds. 1. On these small parcels, landscape 36 diamonds may be distributed throughout the interior of an off- Proposed Landscaping Regulations Page 18 of 29 Exhibit 7 (Landscaping) 1 street parking lot area to provide shading of parked motor 2 vehicles as an alternative to interior landscape islands. 3 b. 2. Landscape diamonds Tree planting areas shall be located only 4 at the common intersection of four (4) parking spaces and spaced 5 no greater than four (4) spaces apart. 6 c. 3. The ground within the diamond tree planting area shall 7 receive appropriate landscape treatment, including shrubs and 8 mulch or groundcover. 9 d. 4. The minimum diamond size tree planting area shall be 10 twenty-five (25) square feet and the minimum dimension shall be 11 five (5) feet by five (5) feet, not including curb treatment. 12 e. A minimum of one (1) tree shall be planted in each diamond, 3. 13 Each planter island shall contain at least one canopy tree for each 14 one hundred (100) square feet of area or fraction thereof, in 15 addition to shrubs and mulch or ground cover. 16 4. Terminal and landscape islands. Each row of parking spaces shall be 17 terminated by landscape islands, which measure a minimum of eight 18 (8) feet in width, excluding required curbing, and fifteen (15) feet in 19 length. A minimum of one hundred twenty (120) square feet of 20 pervious surface areas shall be provided. A minimum of one (1) tree 21 shall be planted in each terminal island. 22 5. Interior landscape islands. A minimum of one (1) interior landscape 23 island shall be provided for every nine (9) parking spaces or fraction 24 thereof and shall be spaced a maximum of ninety (90) feet apart. 25 Interior islands shall measure not less than eight (8) feet in width, 26 excluding required curbing, and fifteen (15) feet in length. A minimum 27 of one hundred twenty (120) square feet of pervious surface areas shall 28 be provided. A minimum of one (1) tree shall be planted in each 29 interior island. 30 6. Lots equal to or less than one (1) acre. For lots equal to or less than 31 one (1) acre, terminal and interior landscape islands shall be a 32 minimum of five (5) feet in width, excluding required curbing, and 33 fifteen (15) feet in length. 34 C. Divider median. 35 1. Divider medians shall be installed between rows of parking and 36 between all parking/vehicular use areas. 37 2. One (1) tree shall be planted for each thirty (30) linear feet of a divider 38 median, or fraction thereof. 39 3. The minimum width shall be five (5) feet of un-encroached landscape 40 area. Proposed Landscaping Regulations Page 19 of 29 Exhibit 7 (Landscaping) 1 D. Minimum size for landscape areas. 2 1. The minimum landscape area shall contain no dimension less than five 3 (5) feet in width, measured from the inside of the curb. 4 2. There shall be no landscape area smaller than twenty-five (25) square 5 feet. 6 3. Landscape areas within interior parking areas may be reduced if the 7 areas shall constitute an obstruction in use of a building structure, 8 providing the reduced square footage is relocated so as to emphasize 9 entrance corridors or special landscaped areas within the general 10 parking area. 11 D. E. Protection of landscape areas. All landscape areas shall be protected by 12 curbs or wheel stops from vehicular encroachment and from the damages 13 caused by vehicles overhanging into landscape areas. 14 1. Landscaping. In addition to grass, Landscaping shall be required to 15 be at least twenty four (24) thirty (30) inches from the edge of the 16 wheel stop or curbing. 17 2. Overhang areas. Vehicle parking areas designed to permit vehicles 18 overhanging into landscaped areas shall not be permitted to count the 19 first thirty (30) inches of landscape area as open space. 20 23. Curbing. All landscape areas subject to vehicular encroachment shall 21 be separated from vehicular use areas by six (6) inch, non-mountable, 22 FDOT-type 'D' or FDOT-type 'F', concrete or asphalt curbing. The 23 curbing shall be machine-laid, formed-in-place or integral with the 24 pavement. Curbing may be interrupted to accommodate drainage, 25 paths, or sidewalks. 26 34. Wheel stops. 27 a. Wheel stops shall have a minimum height of four (4) six (6) 28 inches above finished grade of the parking lot area, shall be 29 properly anchored, and continuously maintained in good 30 condition. 31 b. The space between the wheel stop and the end of the parking 32 space may be paved as required by the building division for 33 anchoring and maintenance purposes. 34 c. Wheel stop anchor rods shall be set through the pavement and 35 the bottom of the wheel stop must rest fully on the pavement to 36 prevent rocking. Proposed Landscaping Regulations Page 20 of 29 Exhibit 7 (Landscaping) 1 F. Hedges. 2 1. All parking, loading, or storage areas adjacent to the right-of-way, 3 including driveways to parking lots, shall include a continuous hedge 4 that is maintained at a minimum of three (3) feet at maturity. 5 2. "Dwarf" hedges may be installed and maintained at a minimum height 6 of eighteen (18) inches when adjacent to an automobile sales display 7 area. 8 G. Maintenance. Regular maintenance of vehicular use areas adjacent to all 9 landscape areas shall include replacement of broken curbs or curb stops as 10 needed to keep the general appearance in good condition and safe. 11 H. Safe sight distance triangles. \[moved to subsection 45-90.C\] 12 2. Landscape area around signs. \[moved to subsection 45-88.I\] Proposed Landscaping Regulations Page 21 of 29 Exhibit 7 (Landscaping) 1 Sec. 45-90. 6-11. Landscape requirements for site perimeters. 2 Minimum landscape buffer and planting requirements. 3 A. Minimum buffer width for site perimeters. required. A landscape buffer of 4 the widths specified in Table 45-90 shall be provided a minimum of eight 5 (8) feet in width around the perimeter of all parcels in the specified zoning 6 districts. Table 45-90 Minimum Buffer Widths Front Yard Side Yard Rear Yard 1 8 feet 5 feet 5 feet R-3 2 5 feet 5 feet C-MU 3 8 feet 10 feet 5 feet C-2 2 4 5 feet 5 feet C-3 5 feet 5 feet C-NB 5 All other commercial 5 feet 5 feet 5 feet I-1 see section 45-38 7 NOTES: 1 8 Only required in side yards that adjoin R-1 or R-2 districts 2 9 Does not apply to all building frontage types; along US Highway 1 and Northlake 10 Boulevard, the front yard landscape buffer may not be planted on a sidewalk 11 easement (see subsections 45-31.E.6 and 45-34.1.H) 3 12 Not required on parcels that adjoin the railroad right-of-way 4 13 Only required on parcels that adjoin US Highway 1 or Northlake Boulevard (see 14 subsection 45-34.1.H) 5 15 Only required in side yards that adjoin less intense zoning districts (e.g. any 16 residential district) 17 However, additional buffer width shall be provided as indicated below: 18 1. A minimum landscape buffer of ten (10) feet in width shall be required 19 on lands located adjacent to public rights-of-ways that are one hundred 20 ten (110) feet wide or less; 21 2. A minimum landscape buffer of at least fifteen (15) feet in width shall 22 be required on lands located adjacent to public rights-of-ways that are 23 one hundred eleven (111) to one hundred fifty (150) feet wide; 24 3. A minimum landscape buffer of at least twenty (20) feet in width shall 25 be required on lands located adjacent to public rights-of-ways that are 26 greater than one hundred fifty (150) feet wide; and Proposed Landscaping Regulations Page 22 of 29 Exhibit 7 (Landscaping) 1 4. A landscape buffer, at least five (5) feet in width, shall be provided 2 along all sides of the parking lot, excluding that side or sides, which 3 abut a building. \[relocated to subsection 45-90.E\] 4 B. Mature height. Vegetation should be planted taking into consideration the 5 mature height and spread of the species. 6 C. Spacing. The maximum spacing of planting trees shall be thirty (30) feet on 7 center along any perimeter buffer. 8 B. D. Perimeter Landscape requirements for site perimeters. Perimeter 9 landscape buffers shall be installed where required by Table 45-90 and 10 maintained in accordance with the following standards. Vegetation should 11 be planted taking into consideration the mature height and spread of the 12 species. Easements and access ways, which traverse required perimeter 13 landscape buffers, shall be included in the calculation of linear dimension. 14 1. Trees. Trees shall be planted in required perimeter landscape buffers 15 at a maximum spacing of thirty (30) feet on center. 16 2. Shrubs. A hedge shall be planted in required perimeter landscape 17 buffers to form a continuous solid opaque visual screen of at least 18 thirty-six (36) inches in height within two (2) years of planting. 19 3. 1. Palm Trees. 20 a. Within the perimeter landscape buffer, a specimen palm or a 21 group of three (3) palm trees may be substituted for one (1) 22 required canopy tree; however, not more than fifty (50) percent 23 of the required canopy trees may be replaced by palm trees. 24 b. In right-of-way buffers only, Royal or Phoenix palms, excluding 25 Phoenix roebellini, may be counted as one (1) required canopy 26 tree. These palms shall: 27 1) Not exceed a maximum of thirty (30) percent of all trees 28 required in the buffer; 29 2) Be spaced a maximum of twenty (20) feet on center; and 30 3) Be a minimum of either six (6) feet of gray wood for Royal 31 palms or eight (8) feet clear trunk for Phoenix palms. 32 4. 2. Slash pines. 33 a. Slash pines planted in perimeter buffers shall be installed in 34 groups of no less than three (3). 35 b. Each group of slash pines shall average a minimum of ten (10) 36 feet in height and may be counted as one (1) required canopy 37 tree. Proposed Landscaping Regulations Page 23 of 29 Exhibit 7 (Landscaping) 1 3. Hedges and shrubs. 2 a. At the time of installation, required hedges and shrubs shall be a 3 minimum of twenty-four (24) inches in height, and spaced at a 4 maximum of twenty-four (24) inches on center. 5 b. Required hedges shall form a continuous solid opaque visual 6 screen of at least thirty-six (36) inches in height within two (2) 7 years of planting. 8 5. 4. Canopy Tree and palm clustering. 9 a. Canopy Trees and palms may be clustered in right-of-way 10 buffers if the clusters are spaced a maximum of sixty (60) thirty 11 (30) feet apart, and/or consist of trees of varied height, which 12 when averaged, equal the minimum tree height requirements, and 13 are located on property containing a minimum of three hundred 14 (300) linear feet along the right-of-way. 15 6. 5. Walls and fences within right-of-way buffer. 16 a. If a wall or fence is used, the required landscaping shall be 17 located between the wall or fence and the right-of-way. 18 b. Walls and fences shall not encroach upon easements, unless 19 approved in writing by the easement holder. 20 c. Wall or fences shall be setback a minimum of ten (10) feet from 21 the edge of the ultimate right-of-way unless a wall with a 22 continuous footer is used, then the wall shall be setback to 23 provide a minimum of ten (10) clear feet for planting. 24 C. H. Safe sight distance triangles. 25 \[relocated from section 45-89.H and modified as indicated\] 26 Safe sight distance triangles may be required shall be provided in 27 accordance with the County Design Manual, published by the Palm Beach 28 County Department of Engineering and Public Works, to restrict placement 29 of visual obstructions. 1. Landscape limitations. a. Safe sight distance 30 triangle areas shall be maintained to provide unobstructed visibility at a 31 level between thirty (30) inches and eight (8) feet above the crown of the 32 adjacent roadway and in a way that does not that might create a traffic 33 hazard. b. Landscaping on state roads shall be installed in accordance with 34 requirements the roadside clear zone provisions of the State of Florida 35 Department of Transportation's Manual of Uniform Minimum Standards for 36 Design, Construction, and Maintenance of Streets and Highways, as 37 amended. c. All landscaping within the safe sight distance triangle area 38 shall be planted and perpetually maintained by the property owner, in 39 accordance with this section. Proposed Landscaping Regulations Page 24 of 29 Exhibit 7 (Landscaping) 1 Sec. 45-91. 6-12. Landscape requirements for base of foundation. 2 landscaping and plantings. 3 A. Location and width. 4 1. There shall be foundation landscaping within five (5) feet of all 5 buildings and structures. and 6 a. These landscape areas shall be provided along all four (4) 7 facades of all commercial structures, excluding rear service areas 8 not visible by a public road right-of-way or not generally 9 traveled by the public or visible from adjacent structures. 10 b. 2. The combined length of the required foundation planting shall 11 be no less than forty (40) percent of the total length of the 12 applicable side of the structure. 13 2. This requirement shall not apply in the C-MU and C-3 zoning districts 14 in front of buildings that meet the standards for a gallery, storefront, or 15 canopy building frontage type. 16 B. Irrigation. All foundation areas shall be irrigated and of the appropriate size 17 to accommodate the mature size of the vegetation to be planted. 18 B. C. Minimum standards. 19 1. The minimum standards for When required, foundation landscaping 20 shall be determined by the building height and function, and always 21 extend along the portions of a facade that directly abut a street, a 22 parking lot, and other area or vehicular use areas, excluding 23 entryways, doorways or other building improvements. 24 1. The foundation planting area for a one-story building shall be at least 25 five (5) feet wide, unless foundation landscaping would interfere with 26 the intended use and function of a building. 27 2. The foundation planting area for a building of two (2) or more stories 28 shall be not less than thirty (30) percent of the height of the adjacent 29 wall. 30 3. At least one shade tree or palm cluster shall be installed for each thirty 31 (30) linear feet, or fraction thereof, of facade width. 32 2. a. A minimum of one (1) tree per facade shall be planted for each 33 seventy-five (75) linear feet of building perimeter, using a species 34 suitable for this location. and The remainder of the landscape area 35 shall be treated appropriately with plantings which may include 36 shrubs, vines, flower boxes, ground cover, and mulch, and with 37 pedestrian accessways. 38 b. Trees and palms shall be of an installed size relating to the height of 39 the adjacent wall or facade, as indicated in Table 6-12. Proposed Landscaping Regulations Page 25 of 29 Exhibit 7 (Landscaping) Table 6-12 Minimum Foundation Planting Dimensions ‘ğƌƌ IĻźŭŷƷ aźƓ͵ ƩĻĻ IĻźŭŷƷ aźƓ͵ tğƌƒ IĻźŭŷƷ ѡЊЎ ŅĻĻƷ ЊЋ ŅĻĻƷ ЊЋЊЍ ŅĻĻƷ ЊЎЋЎ ŅĻĻƷ ЊЍ ŅĻĻƷ ЊЍЊБ ŅĻĻƷ ѢЋЎЌЎ ŅĻĻƷ ЊЏ ŅĻĻƷ ЊБЋЋ ŅĻĻƷ ѢЌЎ ŅĻĻƷ ЊБ ŅĻĻƷ ЋЋЋБ ŅĻĻƷ 1 Sec. 45-92. 6-13. - Landscape maintenance. 2 A. Minimum requirements. The land owner shall be responsible for the 3 following: 4 1. The maintenance of required landscape structures (e.g., walls, fences) 5 in a structurally-sound condition. 6 2. Tree maintenance, which shall be limited to periodic trimming to 7 maintain healthy trees, removal of diseased limbs, or removal of limbs 8 or foliage that present a hazard. a. All trees shall be allowed to grow 9 to their natural mature height and a full canopy. 10 b. Large and medium canopy trees shall be required to attain a 11 minimum twenty (20)-foot canopy spread prior to pruning. In no 12 case shall the canopy spread be reduced to less than twenty (20) 13 feet in width. 14 3. Landscape buffers shall be maintained and preserved along the entire 15 length of the property. 16 4. All landscape areas, including any right-of-way landscaping between 17 the property line and the adjacent street, which shall be maintained on 18 a regular basis, to include weeding, watering, fertilizing, pruning, 19 mowing, edging, mulching, replacement of dead or missing 20 landscaping, removal of prohibited plants, and other horticultural 21 practices that are needed to keep landscaping in good condition, free 22 from disease, insect pests, weeds, refuse, and debris. 23 5. Landscape maintenance shall be carried out in a manner that will not 24 disrupt, inconvenience, or endanger any member of the public, or 25 pedestrian, or motor vehicles. Proposed Landscaping Regulations Page 26 of 29 Exhibit 7 (Landscaping) 1 Sec. 45-93. 6-14. - Irrigation. 2 A. General. All landscape areas, except those areas composed of existing 3 native plant communities, shall provide an irrigation system plan. The 4 irrigation system shall be designed and installed in accordance with the 5 Florida Building Code. Florida Irrigation Society Standards and 6 Specifications for Turf and Landscape Irrigation Systems, as amended from 7 time to time. Irrigation systems shall be designed and maintained to obtain 8 the following results: 9 1. Eliminate the wasteful use of water; 10 2. Eliminate overspray onto staining of buildings, walks, and walls and 11 other site improvements including landscaping; 12 3. Provide a minimum of one hundred (100) percent coverage, including 13 the capability of applying water onto turf areas on a different 14 saturation level than that used to irrigate shrub-planting beds; and 15 4. Use separate zones to match irrigation to vegetation types. Eliminate 16 water overthrow onto non-pervious areas. 17 B. Standards. Irrigation systems shall comply with the following standards. 18 1. Irrigation systems shall be continuously maintained in working order 19 and shall be designed so as not to overlap water zones or to water 20 impervious areas. 21 2. Irrigation systems shall not be installed or maintained abutting any 22 public street which causes water from the system to spray onto the 23 roadway or to strike passing pedestrian or vehicular traffic, where 24 feasible. 25 C. Rain sensors. A rain sensor, to switch off irrigation during wet periods, 26 shall be required on all new irrigation systems. 27 Sec. 45-94. 6-15. - Pruning. 28 A. Crown reduction. 29 1. \[relocated from 45-94.A.2.a\] The crown of a shade tree required by 30 this code or condition of approval shall not be reduced below the 31 minimum mature spread or height requirements of this code section or 32 specific village conditions of approval. Crown reduction of shade 33 trees shall be prohibited until the tree canopy has reached at least 34 twenty (20) feet in diameter. Exceptions include: 35 a. The removal of limbs or foliage presenting a hazard or in conflict 36 with a crime prevention program; 37 b. Removal of dead or diseased limbs; 38 c. The reinforcement strength of form, or 39 d. In association with tree or palm relocation work. Proposed Landscaping Regulations Page 27 of 29 Exhibit 7 (Landscaping) 1 2. After a tree canopy reaches fifteen (15) feet in diameter, crown 2 reduction shall only be permitted as Incidental when correct pruning is 3 permitted standards are used and when there are conflicts with 4 constraints such as, but not limited to, views, power lines, structures, 5 lighting, or signage, vehicles, pedestrians, etc. and to improve the 6 structural integrity of trees. All pruning shall be in accordance with 7 pruning standards in ANSI A300. 3. A maximum of one-fourth (0.25) 8 of tree canopy may be removed from a tree within a one (1) year 9 period, provided that the removal conforms to the standards of crown 10 reduction, crown cleaning, crown thinning, crown raising, vista 11 pruning, and crown restoration pruning techniques. 12 a. \[relocated to 45-94.A.1\] 13 b. A tree that is pruned in excess of these requirements shall be 14 replaced with a tree that meets the minimum requirements of this 15 section or equal specifications of the tree that has been pruned, 16 whichever is greater, or, if deemed possible by a certified 17 arborist, a remedy plan may be proposed to the village that 18 would correct the pruning error. 19 B. Plant characteristics. Unless otherwise approved by the village during the 20 approval process, trees shall be allowed to grow to a shape and size typical 21 of their species throughout their life cycle. 22 C. Pruning standards. The following are general pruning standards and 23 requirements established for the overlay zone. 24 1. Hat-racking. Hat-racking is prohibited. For the purposes of this 25 article, hat-racking is defined as flat-cutting the top or sides of a tree, 26 severing the leader or leaders; making internodal cuts (cutting back of 27 limbs to a point between branch collars/buds) prune a tree by stubbing 28 off mature wood larger than one (1) inch in diameter within the tree's 29 crown; or reducing a mature tree's total circumference or canopy 30 spread by one third or more. 31 2. Palm trees. Pruning palm trees shall be limited to dead fronds and up 32 to one-third ( 1/3 ) of the green fronds and seed pods. 33 3. Maximum limb pruning. Severely cutting back lower branches to 34 increase sight visibility from underneath a tree's canopy, shall not 35 exceed thirteen feet six inches (13'-6") from the ground level to the 36 collar of the first limb. 37 D. Alternative canopy shapes. If other than the normal expected tree canopy 38 shade and size is desired by the owner of the trees, the desired shape and 39 size shall be indicated on the approved landscape plan. If a desired shape 40 and size is not noted on the approved landscape plan, trees shall be allowed 41 to grow to their natural shape and size. Proposed Landscaping Regulations Page 28 of 29 Exhibit 7 (Landscaping) 1 E. Performance. Pruning shall be performed by a certified arborist or FNGLA 2 certified landscape contractor in accordance with the Tree Care Industry 3 standard of care as described in ANSI A300. person or tree service that is 4 knowledgeable with the latest standards of the National Arborist 5 Association. 6 F. Exemptions. Subsections 45-94o not apply to The following shall 7 be exempt from this section. 8 1. trees which interfere with safe site triangles, utility lines, or utility 9 structures. 10 2. Trees having crown die-back or decay greater than one third the tree 11 canopy. 12 3. Trees having suffered damage due to natural or accidental causes. 13 4. Trees having insect or disease damage greater than one-third of the 14 tree crown. 15 Secs. 45-95 45-100. - Reserved. Proposed Landscaping Regulations Page 29 of 29