2024-17 Code Amendment- Marina Private Docking- CNB- Northlake Blvd Commercial DistrictORDINANCE NO. 2024-17
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 BY
AMENDING ARTICLE III, "DISTRICT REGULATIONS," SECTION 45-35.3,
"C -NB NORTHLAKE BOULEVARD COMMERCIAL DISTRICT," TO ADD
PRIVATE DOCKING AND MARINA AS SPECIAL EXCEPTION USES;
PROVIDING FOR DEFINITIONS AND SUPPLEMENTARY USE
STANDARDS; PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, through the adoption of Ordinance No. 2020-06 on September 24, 2020, the Village
Council amended the Village's commercial zoning districts and converted the former Northlake
Boulevard Overlay District ("NBOZ") into the Northlake Boulevard Commercial District Zoning
District ("C -NB"); and
WHEREAS, the use chart for the NBOZ listed "marina/private mooring" as a conditional use
within the overlay district; and
WHEREAS, while the intent of the Village Council was to include all uses within the C -NB that
had previously been included in the NBOZ, this use was inadvertently omitted; and
WHEREAS, while the terms special exception use and conditional use are used interchangeably
to refer to uses that are generally compatible with use characteristics of the zoning district but
which require individual review to determine their appropriateness on a particular site, the Village
Code now uses the term special exception use; and
WHEREAS, Village Staff recommends amending the Village Code to include private docking and
marinas as special exception uses within the C -NB Zoning District and to include definitions and
supplementary use standards; and
WHEREAS, on September 10, 2024 and October 1, 2024, the Planning, Zoning and Adjustment
Board held public hearings on this Ordinance and provided a recommendation to the Village
Council; and
WHEREAS, the Village Council determines that the adoption of this Ordinance is in the best
interests of the public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein.
Section 2. The Village Council hereby amends Article III, "District Regulations," of
Appendix C (Chapter 45) of the Village Code of Ordinances by amending Section 45-35.3 to read
as follows (additional language is underlined and deleted language is stri ke thfo rth):
Page 1 of 5
ARTICLE III. — DISTRICT REGULATIONS
Sec. 45-35.3. — C -NB Northlake Boulevard commercial district.
Article 4 Zoning Regulations
Sec. 4-1 Development review regulations.
A. Allowable Uses. Table 4-1 indicates allowable uses in the C -NB district.
1. The uses listed in Table 4-1 are grouped into four (4) use groups:
Residential Uses, Lodging Uses, Business Uses, and Civic,. &
Education & Recreation Uses.
2. In one (1) of the columns following each listed use, a symbol is
provided to indicate that:
a. This use is permitted by right; or
b. This use may be approved as a special exception; see section
45-16.2 for standards and procedures; or
C. This use, like other uses not listed in Table 4-1, is not
permitted in the C -NB district.
3. Terms in Table 4-1 are defined in section 45-2 under "Use Groups,"
with the exception of the terms private docking and marina. which
are defined in subsection 5 below.
4. Also refer to section 45-16.1 on uses that are similar to uses listed
in Table 4-1.
5. For the purposes of Table 4-1. private docking means the installation
of docks, slips or piers for the private use of the owner or occupant
of the immediately adjoining upland property. The length and width
of docks and piers and the location of dolphin poles and mooring
posts are regulated by chapter 5 of this code.
6. For the purposes of Table 4-1, marina means the installation of
docks, slips or piers for commercial purposes. A marina shall
comply with the following supplementary use standards:
a. For each boat slip, a marina shall provide access to a facility
for sewage pump out and potable water approved by the
Palm Beach County Health Departments.
Page 2 of 5
b. The length and width of docks and piers and the location of
dolphin poles and mooring posts are regulated by chqpter 5
of this code.
c. An accessory marine store shall be permitted.
d. No live aboard vessels shall be permitted.
Table 4-1 Allowable Uses
Page 3 of 5
PERMITTED
USE
SPECIAL
EXCEPTION
NOT
PERMITTED
RESIDENTIAL USES
Mobile home park
•
Dwelling, one family detached
•
Dwelling, all other dwelling types
•
Live/work unit
•
Assisted living facility
•
Community residential home
•
LODGING USES
Bed -and -breakfast establishment
•
Hotel
•
Motel
•
Time-share unit
•
BUSINESS USES
Offices, general
•
Office or clinic, medical or dental
•
Page 3 of 5
Page 4 of 5
PERMITTED
USE
SPECIAL
EXCEPTION
NOT
PERMITTED
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
•
Marina
•
CIVIC= EDUCATION &
RECREATION USES
Child care facility
•
Church or place of assembly
•
Civic space
•
Family day care
•
Page 4 of 5
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 immediately upon adoption.
PLACED ON FIRST READING THIS 17TH DAY OF OCTOBER, 2024.
, FINAL READING AND PASSED THIS 7TH DAY OF NOVEMBER, 2024.
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
Page 5 of 5
PERMITTED
USE
SPECIAL
EXCEPTION
NOT
PERMITTED
Government building
•
Hospital or medical center
•
Public space
•
School, public or private
Private docking
•
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 immediately upon adoption.
PLACED ON FIRST READING THIS 17TH DAY OF OCTOBER, 2024.
, FINAL READING AND PASSED THIS 7TH DAY OF NOVEMBER, 2024.
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
Page 5 of 5