HomeMy WebLinkAbout2024-02 Code Amendment - Volume and Massing Regulations for Single-Family DwellingsORDINANCE NO. 2024-02
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING APPENDIX C (CHAPTER
45), "ZONING," OF THE VILLAGE CODE OF ORDINANCES TO READOPT
CERTAIN REGULATIONS RELATING TO THE VOLUME AND MASSING
OF SINGLE-FAMILY DWELLINGS; AMENDING SECTION 45-27, "R-1
SINGLE-FAMILY DWELLING DISTRICT," TO REQUIRE ADDITIONAL
SETBACKS FOR SECOND STORIES, LIMIT THE FLOOR AREA OF THE
SECOND STORY, AND PROHIBIT BLANK WALLS; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, through the adoption of Ordinance No. 2022-18 on October 27, 2022, the Village
Council implemented the recommendations of the Ad Hoc Committee and adopted new
regulations to address the volume and massing of two-story single-family dwellings, including
additional second -story setbacks, building wall articulation requirements, and a limitation on the
floor area of the second story; and
WHEREAS, through the enactment of Section 14 of Chapter 2023-304, Laws of Florida (Senate
Bill 250), the Florida Legislature prohibited the Village from proposing or adopting more
restrictive or burdensome amendments to its land development regulations retroactive' to
September 28, 2022 and declared any such amendments void ab initio; and
WHEREAS, through the adoption of Ordinance No. 2023-17 on October 12, 2023, the Village
Council formally recognized the statutory preemption, repealed the new regulations, and adopted
a guidance statement encouraging voluntary compliance; and
WHEREAS, through the enactment of Chapter 2023-349, Laws of Florida (House Bill 1C), the
Florida Legislature amended Section 14 of Chapter 2023-14 to remove Palm Beach County from
the prohibition against proposing or adopting more restrictive or burdensome amendments to its
land development regulations; and
WHEREAS, due to the removal of the statutory preemption, the Village Council wishes to
formally readopt the regulations relating to the volume and massing of two-story single-family
dwellings with certain modifications; and
WHEREAS, on January 2, 2024, the Planning, Zoning and Adjustment Board, sitting as the Local
Planning Agency, conducted a public hearing to review this Ordinance and provided a
recommendation to the Village Council; and
WHEREAS, having considered the recommendation of the Planning, Zoning and Adjustment
Board 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
of the Village of North Palm Beach.
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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 Article III, "District Regulations," of
Appendix C (Chapter 45), "Zoning," of the Village Code of Ordinances by amending Section 45-
27, "R-1 Single -Family District," to read as follows (additional language is underlined and deleted
language is stricken through):
Sec. 45-27. R-1 single-family dwelling district.
A. Uses permitted. Within any R-1 single-family dwelling district no
building, structure, land or water shall be used except for one (1) or
more of the following uses:
1. Single-family dwellings with accessory buildings
customarily incident thereto, subject to each of the
requirements set forth in this section and throughout this
chapter.
2. Public schools.
3. Parks and recreation facilities owned or leased by or
operated under the supervision of the Village of North Palm
Beach.
4. Detached fence storage areas.
5. Satellite dish antenna.
6. Community residential homes. Community residential
homes of six (6) or fewer residents which otherwise meet the
definition of a community residential home, provided that
such homes shall not be located within a radius of one
thousand (1,000) feet of another existing such home with six
(6) or fewer residents.
7. Family day care home.
8. Lamp post.
9. Decorative post structure.
B. Building height regulations. All single-family dwellings shall be
limited to two (2) stories and thirty feet (30') in height. For the
purposes of this subsection, height shall be measured from the
average elevation of the existing grade prior to land alteration for
properties outside of special flood hazard areas and from the
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required design flood elevation for properties within special flood
hazard areas. Height shall be measured to the highest point of the
following:
1. the coping of a flat roof and the deck lines on a mansard roof;
2. the average height level between the eaves and roof ridges
or peak for gable, hip or gambrel roofs; or
3. the average height between high and low points for a shed
roof.
Decorative architectural elements, chimneys, mechanical
equipment, non -habitable cupolas, elevator shafts or similar
appurtenances shall be excluded from the foregoing height
restrictions. Rooftops shall not be used for pools, decks, or other
spaces to congregate.
C. Building site area regulations. The minimum lot or building site
area for each single-family dwelling shall be seven thousand five
hundred (7,500) square feet and have a width of not less than
seventy-five (75) feet, measured at the building line.
D. Yard space regulations.
1. Front yard. There shall be a front yard of not less than
twenty-five (25) feet for the first story and thirty (30) feet for
the second story measured from the street line to the front
building line.
2. Rear yard. There shall be a rear yard of not less than twenty
(20) feet for the first story and twenty-five (25) feet for the
second story measured from the rear building line to the rear
lot line.
3. Side yards. There shall be a side yard on each side of the side
building line of not less than ten (10) feet for the first story
and fifteen (15) feet for the second story. In the case of
corner lots, no building and no addition to any building shall
be erected or placed nearer than twenty (20) feet to the side
street line of any such lot.
(a) For a distance of one block on streets intersecting
U.S. #1, measured from the right-of-way line of said
U.S. #1, side yards of at least twenty-five (25) feet in
depth shall be provided.
4. Applicability of second story setback. The second story
setback shall apply only to the roofed portion of the second
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story of a two-story, single-family dwelling and shall not
apply to non -roofed second story patios or balconies.
E. Wall treatment. All exterior walls shall contain articulation creating
visual interest utilizing at least four (4) features in accordance with
the following:
1. At least two (2) different features listed below must be
included; however, windows may be used for all four (4)
features so long as each window meets the requirements of
subsection E.4:
Projecting cornice.
Projecting metal canopy.
(c) Opaque, translucent, or transparent glass windows.
Vertical articulation.
fpj Recesses.
2. The following features listed below may also be included
and count toward the required four (4) features:
(a) Masonry (but not flat concrete block).
Q Concrete or masonry plinth at wall base.
Belt courses of a different texture and color.
(d) Decorative tile work.
(e) Medallions.
(f) Lighting fixtures.
3. One of the above features may be replaced by an
architectural element or feature not listed above, as approved
by the village, that meets the intent of this section.
4. Each wall treatment feature must be no less than nine (9)
square feet.
5. If the single-family dwelling is more than one story, at least
thirty-five percent (35%) of the wall treatment features must
be located above the first story.
Figure 1 Building Wall Articulation (Figure Deleted)
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F. Second -story floor area. The floor area of the second story of a
single-family dwelling shall not exceed seventy-five percent (75%)
of the floor area of the first story. For the purposes of this
subsection, floor area shall include all areas lying within the
building perimeter established by the interior side of the exterior
walls of the building, including garages, covered patios, and other
open-air exterior areas that are under roof. The floor area for the
second story shall include areas open to below.
E. Guidance on volum ' gs. Due
to the legislature's enactment of Chapter 2023 301, Laws of Florida
(Senate Bill No. 250), the village was required to repeal recently
adopted regulations relating to the volume and massing of single
family dwellings. However, to preserve the character of the
village's existing sing -family neighborhoods, the village
encourages the use of the following guidelines when constructing or
1 Second story setback ; should be five (5) feet greater than the
required�^'1first story
� ysetbacks.
�r.��--��,,--�These
+enhanced setbacks
should apply tot oofe ertione7f thesecZonC ore" _ - ✓ _ - '"
two story, single family dwelling.
2. Building -wall articulation should be provided on all walls
with an unbroken plane it excess of f ftee (, 5) feed height
and thirty (30) feet in length. The articulation should be in
the form of a wall perpendicular to the property line at a
minimum distance of two (2) feet, extending parallel to the
property line�7a minimum of ten++(10) feet, and should extend
ev r� PCrthe enti e height of the buiklinit wnll (see Fiigi7re
1 above). �����
3. The second story of a single family dwelling should not
exceedsever € ve percent ° the ea o e
first story. Floor area includos all are -as lying within the
building perimeter established by the interior side of the
exterior walls of the building, including garages, covered
patios and open air exterior areas under roof. The floor area
of the second story should include areas open to below.
The village council intends to readopt these regulations as of
October 1, 2024.
G F. Off street parking regulations. At least one parking space measuring
at least nine (9) feet by eighteen (18) feet (one hundred sixty-two
(162) square feet) shall be provided. All parking spaces shall consist
of a durable surfaced area as approved by the community
development director, and may be enclosed in the dwelling, in an
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accessory building or in an unenclosed area or a driveway. All
vehicles parking on a lot must be parked on a durable surface.
H G. Accessory structures. One detached automobile garage and one
open-air pavilion may be constructed on any lot within the R-1
single-family dwelling district provided that all requirements of this
chapter are met. Open air pavilions shall be subject to the following
additional conditions and restrictions:
1. Permitting.
(a) All open-air pavilions must be permitted in
accordance with all Florida Building Code and
Village Code requirements.
(b) Open-air pavilions meeting the definition of a
traditional chickee hut are exempt from the Florida
Building Code but shall be subject to consistency
review by the village. Consistency shall be
demonstrated through the issuance of a zoning
permit and shall require the submittal of the
following information:
(1) A survey that includes scaled dimensions of
the proposed structure, including setbacks;
(2) Proof that the builder of the chickee hut is a
member of either the Miccosukee Tribe of
Indians of Florida or the Seminole Tribe of
Florida (such proof consisting of a copy of
the trial member's identification card); and
(3)
Drawings of the proposed structure
depicting, at a minimum, the overall design,
dimensions, roof materials, and height.
2. Dimensions. Open-air pavilions shall not exceed two
hundred (200) square feet in floor area. The floor area shall
be measured from outside the support posts, provided that
the roof overhang does not exceed three (3) feet from the
support posts. If the roof overhang exceeds three (3) feet, the
floor area shall consist of the entire roofed area. For
structures supported by a single -pole, i.e., umbrella shape,
the floor area shall be measured from the drip line of the roof
material.
3. Height. Open-air pavilions shall not exceed twelve (12) feet
in height or the height of the principal building located on
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the lot, whichever is more restrictive. For sloped roofs, the
height shall be measured at the mean roof height.
4. Location and Setbacks.
(a) No open-air pavilion may be erected within ten (10)
feet of the side property line. This side setback shall
be increased to twenty (20) feet for corner lots.
(b) No open-air pavilion may be erected within seven
and one-half (71/2) feet of the rear property line.
(c) No open-air pavilion or any portion thereof may be
erected between the front line of the principal
building and the front property lot line, within a
utility or drainage easement, or within a required
landscape buffer.
5. Use restrictions.
(a) An open-air pavilion shall be used only for private
recreational activities as an accessory use to the
principal residential use and shall not be used for
habitation, for a tool room, storage room or
workshop, or for any commercial purpose
whatsoever.
(b) Open-air pavilions shall not be used for storage of
items of personal property, including, but not limited
to, the following:
(1) Operable or inoperable vehicles, boats, boat
trailers, utility trailers or similar items of
personal property;
(2) Building materials, lawn equipment, tools or
similar items; and
(3)
Ice boxes, refrigerators and other types of
food storage facilities with the exception of
under -counter units.
(c) No gas, charcoal or propane grills, stoves or other
types of cooking devices may be stored or utilized
within a traditional chickee hut.
6. Maintenance. Open-air pavilions shall be maintained in
good repair and in sound structural condition. Painted or
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stained surfaces shall be free of peeling paint, mold and
mildew and void of any evidence of deterioration.
7. Design.
(a) Open-air pavilions, with the exception of traditional
chickee huts, pergolas and other structures with only
partial or slatted roofs, shall incorporate the same
types of building materials and be consistent with the
architectural theme or style of the main or principal
building.
(b) At the request of a property owner, the community
development director may approve the use of
different building materials or alternate architectural
themes or styles when such materials, themes or
styles are complementary to the main or principal
building.
(c) Should the community development director deny
the request for different building materials or
alternate architectural themes or styles, a property
owner may appeal this decision to the planning
commission by submitting a written request for a
hearing to the community development director
within thirty (30) calendar days of the date of the
determination. The appeal shall be placed on the next
available agenda and the decision of the planning
commission shall be final, subject only to judicial
review by writ of certiorari.
II4. Mechanical equipment. All non -roof -mounted mechanical
equipment shall be located behind the front building face of the
principal structure in either the side yard or the rear yard. Such
equipment shall be located adjacent to the principal structure
whenever practicable, provided, however, that all mechanical
equipment shall be located at least five (5) feet from the side
property line and at least seven and one-half feet (71/2) from the rear
property line.
J I. Minimum landscaped area.
1. All single-family dwellings shall have a minimum
landscaped area of thirty percent (30%).
2. All single-family dwellings (both one and two story) shall
provide a minimum landscaped area of fifty percent (50%)
in the required twenty -five-foot (25') front yard setback.
Properties with frontage along urban collector roads
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(Lighthouse Drive and Prosperity Farms Road) shall provide
a minimum landscaped area of forty percent (40%) in the
required twenty -five-foot (25') front yard setback.
Properties having an irregular lot shape, meaning a lot which
is not close to rectangular or square and in which the width
of the property at the front property line is less than required
by the underlying zoning district, shall provide a minimum
landscaped area of twenty-five percent (25%) in the required
twenty -five-foot (25') front yard setback.
3. A property owner who meets the overall minimum
landscaped area requirement set forth in subsection (1)
above and who does not meet the minimum landscaped area
requirement in the twenty -five-foot (25') front yard setback
set forth in subsection (2) above may request a waiver of up
to five percent (5%) of the minimum required area by filing
a request with the Community Development Department.
The request shall be forwarded to the Planning Commission
for final action. A property owner seeking such a waiver
shall be required to demonstrate to the Planning Commission
that he or she has made a reasonable attempt to comply with
the required minimum landscaped area within the front yard
setback and has mitigated any deficiency through the
installation of enhanced landscaping materials, the use of
permeable hardscape materials or some other acceptable
means.
For the purposes of this subsection, the term minimum landscaped
area shall mean a pervious landscaped area unencumbered by
structures, buildings, paved parking lots, sidewalks, sports courts,
pools, decks, or any impervious surface. Landscape material shall
include, but not be limited to, grass, ground covers, bushes, shrubs,
hedges or similar plantings, or decorative rock or bark. No landscape
material shall be used for parking. However, pervious surfaces used
for the parking of recreational equipment in side and rear yards shall
be included in the calculation of the minimum landscaped area.
With respect to building permits for renovations of existing single-
family dwellings, the minimum landscaped area standards shall
apply only to the extent that the proposed scope of work impacts the
applicable standard.
I J. Maximum driveway width in swale. The total width of driveways
from the edge of the public roadway to the abutting privately -owned
property shall not exceed a total of thirty-two feet (32') in width at
the property line, excluding flares. For lots with ninety (90) or more
feet of public roadway frontage, the total width of driveways from
the edge of the public roadway to the abutting privately -owned
private shall not exceed a total of forty feet (40') in width at the
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property line, excluding flares. Each side of a flared driveway shall
be no more than three feet (3') wider than the rest of the driveway.
Section 3. The provisions of this Ordinance shall become and be made a part of the Code of
the Village of North Palm Beach, Florida.
Section 4. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative, or void,
such holding shall not affect the remainder of this Ordinance.
Section 5. All ordinances or parts of ordinances and resolutions or parts of resolutions in
conflict herewith are hereby repealed to the extent of such conflict.
Section 6. This Ordinance shall take effect February 9, 2024.
PLACED ON FIRST READING THIS 11 TH DAY OF JANUARY, 2024.
PLACED ON SECOND, FINAL READING AND PASSED THIS 25TH DAY OF JANUARY, 2024.
ATTEST:
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
MAYOR
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