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HomeMy WebLinkAboutOrd 1958-029 Zoning Amends Ord. No. 20Page /Q,9 ORDINANCE #29 AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, PALM BEACH COUNTY, FLORIDA, AMENDING ORDINANCE NO. 20, BEING THE COMPREHENSIVE, ZONING ORDINANCE OF THE VILLAGE, BY REDEFINING CERTAIN TERMS; ESTABLISHING AN ADDITIONAL USE DISTRICT TO BE DESIGNATED R-3, APARTMENT DWELLING DISTRICT; PRESCRIBING CERTAIN CHANGES IN THE YARD SPACE REGULATIONS FOR R-1 USE DISTRICTS; PROVIDING FOR ADDITIONAL USE RESTRICTION, MODIFICATION OF YARD SPACE REGULATIONS AND ESTABLISHMENT OF FLOOR AREA REGULATIONS FOR R-2 ZONING DISTRICTS; BY MODIFY- ING THE PERMITTED USES AND THE BUILDING HEIGHT AND YARD SPACE REGULATIONS FOR PROPERTY WITHIN C-1 A ZONING DISTRICTS; BY MODIFYING THE PERMITTED USES AND THE YARD SPACE REGULATIONS RELATING TO C-1 ZONING DISTRICTS; BY AMENDING THE GENERAL PROVISIONS OF SAID ORDINANCE NO. 20 WITH RESPECT TO SWIMMING POOL AND PATIO CONSTRUCTION, AND WITH RELATION TO REQUIRED YARD SPACE FOR CERTAIN LOTS WITHIN THE VILLAGE; BY DIRECTING THE VITT,AGE CLERK TO BRING THE OFFICIAL ZONING MAP UP TO DATE; BY PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT HEREWITH AND FOR OTHER PURPOSES. WHEREAS, the Village Council pursuant to authority vested in it under Section iI of Ordinance No. 20, the same being the comprehensive zoning ordinance of said Village, has deemed it advisable and necessary to amend said zoning ordinance in certain respects; and WHEREAS, a public hearing' relating to said proposed amendments was duly held pursuant to publication of the date and purpose of said hearing as prescribed by law; and WHEREAS, the Village Council has determined that it will be to the best interest of public welfare, safety and morals to amend Ordinance No. 20 in the manner discussed and proposed at said public hearing; now, therefore, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VTTTAGE OF NORTH PALM BEACH, FLORIDA, as follows: Section 1. That Ordinance No. 20 entitled "A COMPREHENSIVE ORDINANCE REGULATING THE USES OF LAND, WATER, BUILDINGS AND STRUCTURES WITHIN THE VILLAGE OF NORTH PALM BEACH, FLORIDA, FOR TRADE, INDUSTRY, RESIDENCE 0R OTHER PURPOSES; REGULATING THE LOCATION, HEIGHT, SIZE OF BUILDINGS AND STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, THE DENSITY AND DISTRIBUTION OF POPULATION AND FOR SAID PURPOSES, CREATING SIX (6) DISTRICTS AND ESTABLISHING THE BOUNDARIES THEREOF AND ADOPTING A MAP OF SAID DISTRICTS; DEFINING CERTAIN TERMS USED; ESTABLISHING A BOARD OF ADJUSTMENT AND PROVIDING FOR THE ENFORCEMENT AND AMEND- MENT THEREOF AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS.tt be and the same is hereby amended in the following respects, to -wit: Page / 0 / • • • The third paragraph of Section 2 defining the term "dwelling", shall henceforth read as follows: A dwelling is any building or structure designed exclusively for residential occupancy. The front, side and rear line of such building shall be deemed and construed to include both the main portion of such structure and all projections therefrom, including any garage, carport, or an extended roof beyond the normal eave or cornice forming a cover or roof over an entrance to such dwelling. Any awnings or shutters supported by vertical posts, columns, or pipes shall also constitute the building line. The building line shall not include the eaves of such structures nor any open terraces, stoops, steps; or planting boxes which do not extend more than four (4) feet above the level of the yard grade. The ninth paragraph of Section 2 defining the term "yard", shall hence- forth read as follows: A yard is the open space on the same lot with the main building, unoccupied and unobstructed from the ground upward. A front yard is that area between the front building line and the front line of the lot, and extending from one side line to the other. A side yard is that area betwen the side building line and tie side line of the lot and extending from the front building line to the rear building line. A rear yard is that area between the rear building line and the rear lot line, and extending from one side line to the other. 0n all lots the rear yard shall be in the rear of the front yard facing the street. The first paragraph of Section 3 shall henceforth read as follows: Section 3. Districts. 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 and the intensity of land use, the Village of North Palm Beach, Florida, is divided into seven (7) districts, as follows: R-1 - Single Family Dwelling District R-2 - Multiple Family Dwelling District R-3 - Apartment Dwelling District C-1A - Limited Commercial District C-1 - Neighborhood Commercial District C-2 - General Commercial District P - Public District Subsection D of Section 5 shall henceforth read as follows: D. YARD SPACE REGULATIONS. 1. Front Yard. There shall be a front yard of not less than twenty-five (25) feet 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 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. 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. Page /o y • (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. Subsection A of Section 6 shall henceforth read as follows: A. USES PERMITTED. Within any R-2 Multiple Family Dwelling District, no building, structure, land or water shall be used, except for one or more of the following uses. 1. Any use permitted in the R-1 Single Family Dwelling District. 2. Churches. 3. Multiple family dwelling structures of not more than four (4) dwelling units. )4. Nursery or private schools. Subsection D of Section 6 shall henceforth read as follows: D. YARD SPACE REGULATIONS. 1. Front Yard. There shall be a front yard of not less than twenty-five (25) feet 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 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. 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. 5. 1, side yards of at least twenty-five (25) feet in depth shall be provided. An additional subsection to be designated "Subsection F" shall be added to Section 6, which said subsection shall read as follows: F. FLOOR AREA REGULATIONS. 1. In Multiple Family dwelling structures, each dwelling unit shall have a minimum floor area of seven hundred (700) square feet. An additional section to be designated "Section 6A" shall be inserted immediately subsequent to subsection F of Section 6, which said Section 6A shall read as follows: Section 6A. R-3 APARTI'€NT DWELLING DISTRICT. A. Uses Permitted. Within any R-3 Multiple Family Dwelling District, no building, structure, land or water shall be used, except for one or more of the following uses: 1. Any use permitted in the R-2 Multiple Family Dwelling District. 2. Multiple family dwelling structures having five or more dwelling units. B. Building Height Regulations. No main building shall exceed two (2) stores or thirty (30) feet in height at the required front, rear and side Page /0 3 building line unless permitted by the Village Council after review and approval of the site and building plans. For structures in excess of two (2) stories in height, five (5) feet shall be added to the required front, rear and side yards for each story added to the building in excess of two (2). No main building however shall occupy more than thirty-five (35) per cent of the site area so required. C. Building Site Area Regulations. 1. For dwelling structures having four or less dwelling units, the same as required in the R-2 Multiple Family Dwelling District. . 2. For multiple family dwelling structures having five dwelling units the minumum lot or building site area shall be eleven thousand (11,000) square feet and have a width of not less than 90 feet. 3. For dwelling structureshavingin excess of five dwelling units not less than one thousand (1,000) square feet of lot area shall be added to the site for each dwelling unit in excess of five (5). !a. No main building of two stories or less shall occupy more than thirty-five (35) percent of the site area. 5. For multiple family dwelling structures of more than two (2) stories in height the site area required and land coverage shall be controlled by the yard and bulk provisions defined in paragraph B immediately preceding. D. Yard Space Regulations. 1. Front Yard. (a) For main structures of two (2) stories or less there shall be a front yard of not less than 35 feet measured from the street line to the front building line. (b) For structures in excess of two (2) stories in height the front yeard depth shall be controlled by the provisions defined in paragraph B of this section. 2. Rear Yard (a) For structures of two (2) or less stories, the same as for the R-1 and R-2 Districts. (b) For structures in excess of two (2) stories in height, the rear yard depth required shall be controlled by the provisions defined in paragraph B of this section. 3. Side Yards. (a) For structures of two (2) stories or less, the same as for the R-1 and R-2 Districts. (b) For structures in excess of two (2) stories in height the side yard requirements shall be controlled by the provisions defined in paragraph B of this section. E. Off -Street Parking Regulations. 1. For single and multiple family dwellings, the same as for the R-1 and R-2 Districts respectively. 2. For churches, the same as for the R-2 Multiple Family Dwelling District. Page /05G • • • 3. For schools, the same as for the R-2 Multiple Family Dwelling District. F. Floor Area Regulations. 1. In multiple family dwelling structures, each dwelling unit shall have a minimum floor area of seven hundred (700) square feet. Subsection A of Section 7 shall henceforth read as follows: A. USES PERMITI D. Within any C-1 A Limited Commercial District, no building, structure, land or water shall be used, except for one or more of the following uses: 1. Any use permitted in the R-3 Apartment Dwelling District. 2. Hotels and motels. 3. Restaurants including cocktail lounges. !:. Golf club and its accessory uses such as restaurant, bar, driving range and equipment store. 5. Professional offices including real estate offices, finance offices, medical and dental clinics and the like providing same are architecturally and structurally in harmony with the spirit of the community. Subsection B of Section 7 shall henceforth read as follows: B. BUILDING HEIGHT REGULATIONS. No main building shall exceed two (2) stories or thirty (30) feet in height at the required front, rear and side building lines unless permitted by the Village Council after review and approval of the site and building plans. For structures in excess of two (2) stories in height, five (5) feet shall be added to the required front, rear and side yards for each story added to the building in excess of two (2). No main building however shall occupy more than thirty-five (35) per cent of the site area so required. Subsection D.1. (2) of Section 7 shall henceforth read as follows: (a) For main structures of two (2) stories or less there shall be a front yard of not less than fifty (50) feet measured from the street line to the front line of the main building. Subsection D.2. (a) of Section 7 shall henceforth read as follows: (a) For main structures of two (2) or less stories, same as for R-1 and R-2 Districts. Subsection D of Section 8, shall henceforth read as follows: D. YARD SPACE REGULATIONS. There shall be a front yard of not less than fifty (50) feet measured from the street line to the front building line except along both sides of U. S. 1 no set back less than one hundred (100) feet in depth measured from the front building line shall be provided. 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. Page /p_6"-- Subsection 3 of Section 11 shall henceforth read as follows: 3. Swimming pools shall be set back at least seven and one-half (71) feet from the back property line measured from the rim of the pool and not less than five (5) feet from the side property line including the two and one-half (2i) feet walk around the pool. The hightest projection of the swimming pool shall not exceed three (3) feet. Outdoor fireplaces not exceeding six (6) feet in height may be erected and maintained, said structures, however, shall not be erected within five (5) feet of any rear lot line. Two additional subsections, to be designated "Subsections (a) and (b)" respectively shall be added to subsection 3 of Section 11, which said additional subsections shall read as follows: (a) Swimming pools may be enclosed by screening provided same are not erected closer than five (5) feet from the side and rear yard lines. (b) No swimming pools shall be located in the front yards (of dwelling units). Two additional subsections to be designated "Subsections 8 and 9" respectively shall be added to Section 11, which said subsections shall read as follows: 8. Patios connected to the rear of a dwelling unit may be enclosed by screening provided there shall be a rear yard of not less than fifteen (15) feet measured from the rear of the screened enclosure to the rear lot line. 9. There shall be a front yard of not less than forty (40) feet measured from the street line to the front building line in the case of Lots 11 to 35 inclusive, Block 3, as shown on the plat of Village of North Palm Beach Plat No. 1 recorded in Plat Book 24, Page 205, Public Records of Palm Beach County, Florida. Section 2. That nothing contained in this amending ordinance shall require a change in any existing use of buildings or structures now in existence. Section 3. That the Village Clerk is hereby authorized and directed to designate upon the official zoning map by hatching, coloring or other appropriate means of designation, the area affected by the additional use district or zoning classification created under this amending ordinance and is further directed to make such additional changes in the official zoning map as may be required in order that such map accurately reflect the present zoning status of all property within the Village. Section 4. That all ordinances or parts of ordinances in conflict here- with are hereby repealed. Section 5. That this ordinance shall take effect upon its passage and approval as provided by law. PASSED AND ADOPTED ON first reading this 28th. day of January, 1958. PASSED AND ADDOPTED on second and final r eading this 25th. day of February, 1958. S/ Richard E. Ross Mayor S/ Robert Tufford Village Clerk