HomeMy WebLinkAboutOrd 1959-049 Amendment to Ord. #20Page
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ORDINANCE # 49
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, PALM BEACH
COUNTY, FLORIDA, AMENDING ORDINANCE NO. 20, AS HERETOFORE AMENDED, THE
SAME BEING THE COMPREHENSIVE ZONING ORDINANCE OF SAID VILLAGE, BY
SUPPLYING AN ADDITIONAL DEFINITION UNDER SECTION 2 THEREOF; BY MODI
FYING THE PERMITTED USE OF PROPERTY ZONED R-1, SINGLE FAMILY DWELLING
DISTRICT, R-2, MULTIPLE FAMILY DWELLING DISTRICT, AND C-1A, LIMITED
COMMERCIAL DISTRICT; BY MODIFYING THE BUILDING HEIGHT REGULATIONS THERE
OF PERTAININT TO ZONING CLASSIFICATIONS R-2, MULTIPLE FAMILY DWELLING
DISTRICT, R-3, APARTMENT DWELLING DISTRICT, AND C-IA, LIMITED COMMER-
CIAL DISTRICT; BY MODIFYING THE PRESCRIBED HEIGHT FOR THE ABOVE GROUND
PROJECTION OF SWIMMING POOL CONSTRUCTION; BY REMOVING CERTAIN LANDS
FROM THE R-1, SINGLE FAMILY DWELLING DISTRICT, AND C-IA, LIMITED COMM-
ERCIAL DISTRICT, ZONING CLASSIFICATIONS, AND RECLASSIFYING SAID LAND AS
R-3, APARTMENT DWELLING DISTRICT; BY DIRECTING THE VILLAGE MANAGER TO
BRING THE OFFICIAL ZONING MAP INTO CONFORMANCE HEREWITH; BY PROVIDING
FOR THE REPEAL OF ORDINANCES IN CONFLICT HEREWITH; AND BY PROVIDING FOR
AN EFFECTIVE DATE HEREOF.
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WHEREAS, the Village Council of the Village of North Palm Beach,
pursuant to authority vested in it under Section14 of Ordinance No. 20,
said ordinance 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 VILLAGE
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 OR OTHER PURPOSES: REGULATING THE LOCATION, HEIGHT, SIZE OF
BUILDINGS AND STRUCTURES, THE ST7F OF YARDS AND OTHER OPEN SPACES, THE
DENSITY AND DISTRUBUTION 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
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BOARD OF ADJUSTMENT AND PROVIDING FOR THE ENFORCEMENT AND AMENDMENT THERE
OF AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS. " be
and the same is hereby amended in the following respects, to wit:
An additional definition shall be appended to Section 2, which said
definition shall read as follows:
" A story is that portion of a building
between the surface of any floor and the
surface of the floor next above it, or, if
there be no floor above it, then the space
between any floor and the ceiling next above
it."
Subsection 5. A. 2. is hereby amended to henceforth read as
follows:
"Section 5. R-1 SINGLE FAMILY DWELLING DISTRICT
A. USES PERMITTED
2. Public Schools"
Subsection 6. A. 4. reading as follows:
"Section 6. R-2 MULTIPLE FAMILY DWELLING DISTRICT
A. USES PERMITTED.
4. Nursery or private schools."
is hereby deleted from the aforesaid Subsection 6. A.
Subsection 6. B. is hereby amended to henceforth read as
follows:
follows:
follows:
follows:
"Section 6. R-2 MULTIPLE FAMILY DWELLING DISTRICT
B. BUILDING HEIGHT REGULATIONS. No main building
shall exceed two (2) stories or 30 feet in height, whichever
be less."
Subsection 6A. B. is hereby amended to henceforth read as
"Section 6A. R-3 APARTMENT DWELLING DISTRICT.
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 line. 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 6A. C. 2. is hereby amended to henceforth read as
"Section 6A. R-3 APARTMENT DWELLING DISTRICT.
C. BUILDING .ITE AREA REGULATIONS.
2. For multiple family dwelling structures having five
dwelling units, the minimum lot or building site area shall
be eleven thousand (11,000) square feet and have a width
of not less than 80 feet."
Subsection 7. A. is hereby amended to henceforth read as
"Section 7. C-1A LIMITED COMMERCIAL DISTRICT.
A. USES PERMITTED. Within any C-1A 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 other than drive-in restaurants,
including cocktail lounges.
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4. Nursery and private schools.
5. Golf club and its accessory uses such as
restaurant, bar, driving range and equipment store.
6. Professional offices including real estate offices,
finance offices mpdical.iand:dntal clinics and the like providing
same are architecturally and structurally in haimony with the
spirit of the community."
Subsection 7. B. is hereby amended to henceforth read as
rollows:
"Section 7. C-1A LIMITED COMMERCIAL DISTRICT.
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. 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 11. 3. is hereby amended to henceforth read as
follows:
"Section 11. GENERAL PROVISIONS.
3. Swimming pools shall be set back at least seven and one-
half (7) feet from the back property line measured from the rim
of the pool and lot less than five (5) feet from the side property
line including the two and one-half (2%) feet walk around the pool.
The highest projection of the swinning pool shall not exceed two
(2) 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."
Section 2. The following described lands are hereby rezoned as
more particularly set forth below, and the Village Manager is hereby
authorized and directed to amend the official zoning map of said Village
so that the changes effected hereunder are appropriately designated
thereon:
a. The following described land, excepting the Westerly
two hundred (200) feet thereof, is hereby removed from the respective
zoning classifications, R-1, Single Family Dwelling District, and C-1A,
Limited Commercial District, to wit:
A.parcel of land in Sections 9 and 16, Township 42
South, Range 43 East, Palm Beach County, Florida,
more particularly described as follows:
All of that part of Government Lots 1, and 2, of
said Section 16, and of Government Lots 3 and 4
of said Section 9 which lies easterly from the
easterly right of way line of State Road No. 5.
(U. S. Highway No. 1) as said right of way is
shown on Right of Way Map recorded in Road Plat
Book 2, pages 105 to 118, inclusive, Public Records
of Palm Beach County, Florida, and all of that part of
Government Lot 2 of said Section 9 iihich:lies easterly
from the easterly right of way line of said State Road
No. 5 and southerly of the center line of the Inter -
coastal Waterway, together with all riparian rights
thereunto belbnging or in anywise appertaining.
The land hereinabove described shall henceforth be zoned R-3,
Apartment Dwelling District.
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Section 3.. That all ordinances or parts of ordinances in conflict
herewith are hereby repealed.
Section 4. That this ordinance shall take effect upon its
passage and approval as provided by law.
PASSED AND ADOPTED on first reading this 13th day of October
1959.
PASSED AND ADOPTED on second and final reading this 27th day of
October , 1959.
Village Clerk