2026-01 Code Amendment - Building Height RegulationsORDINANCE NO. 2026-01
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; AMENDING
ARTICLE I, "IN GENERAL," BY AMENDING SECTION 45-2 TO INCLUDE A
DEFINITION FOR HEIGHT OF BUILDING; AMENDING ARTICLE 111,
"DISTRICT REGULATIONS," BY AMENDING SECTION 45-27, "R-1 SINGLE-
FAMILY DISTRICT," TO CLARIFY THAT THE HEIGHT MEASUREMENT
APPLIES TO THE HIGHEST ROOF LINES, SECTION 45-28, "R-2 MULTIPLE -
FAMILY DWELLING DISTRICT," TO INCORPORATE THE HEIGHT
MEASUREMENT REGULATIONS FROM THE R-1 ZONING DISTRICT, AND
SECTION 45-36, "GENERAL PROVISIONS," TO CLARIFY THE SETBACKS
AND REQUIREMENTS FOR DETACHED AUTOMOBILE GARAGES IN THE R-
1 AND R-2 ZONING DISTRICTS; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, while some of the Village's zoning districts prescribe how the height of building is
measured, the Village's Zoning Code does not currently define how building height is calculated for
the remaining zoning districts; and
WHEREAS, the Village Council wishes to amend Appendix C (Chapter 45), "Zoning," of the Village
Code of Ordinances to: (1) include a general definition for "height of a building;" (2) incorporate the
height measurement regulations currently in effect within R-1 single-family dwelling district into the
R-2 multiple -family dwelling district and clarify that the measurements apply to the highest roof line
for gable, hip, or gambrel roofs; and (3) clarify the setbacks for detached automobile garages in the
R-1 and R-2 zoning districts; and
WHEREAS, the Village Council determines that the proposed revisions to the Zoning Code either
clarify existing language or are less burdensome or restrictive than the existing land development
regulations; and
WHEREAS, on December 2, 2025, the Planning, Zoning and Adjustment Board, sitting as the Local
Planning Agency, held a public hearing on this Ordinance and provided its 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 I, "In General" of Appendix C (Chapter
1 45) of the Village Code of Ordinances by amending Sections 45-2 to read as follows (additional
language is underlined):
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ARTICLE I. — IN GENERAL
Sec. 45-2. - Definitions.
Building, height of, means, when not otherwise specified in the regulations for
any particular zoning district, the vertical distance measured from the existing average
elevation of the highest adjacent grade at the base of the building to the highest point
of the following:
W The coping of a flat roof and deck lines on a mansard roof;
The average height level between the highest eaves and highest roof
ridges or peak for gable, hip, or gambrel roofs; or
Q The average height between high and low points for a shed roof.
Screening material used to conceal equipment and permitted structures on the roof is
excluded from the building height provided that the screening material is not under
roof and is less than ten (10) feet in height.
Section 3. The Village Council hereby amends Article III, "District Regulations" of Appendix C
(Chapter 45) of the Village Code of Ordinances to read as follows (additional language is underlined
and deleted language is stfieken thfo • ^ h :
ARTICLE III. — DISTRICT REGULATIONS
Sec. 45-27. R-1 single-family dwelling district.
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 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 highest eaves and hi hest roof ridges or
peak for gable, hip or gambrel roofs; or
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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.
Sec. 45-28. R-2 multiple -family dwelling district.
B. Building height regulations. No main building shall exceed two (2) stories or
thirty (3 0) feet in height, whichever be less. 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 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 highest eaves and highest 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.
Sec. 45-36. General provisions.
The provisions of this article shall be subject to the following provisions and
exceptions:
A. Chimneys, water tanks, radio or television towers, telecommunications
antenna/towers, church spires, elevator lofts, flagpoles and parapet
walls may be erected above the height limits herein established. This
provision applies to all zoning districts unless with the exception of the
R-1 single-family dwelling district and the R-2 multiple -family
dwelling district.
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C. Detached garages not more than one (1) story in height may be erected
and maintained withi} at least seven and one-half (71/2) feet of from the
rear property line and ten (10) feet from the side property 1� ine of any
sueh lot within the R-1 or R-2 residential zoning districts. Each
detached automobile garage within the R-1 or R-2 residential zoning
district shall provide a driveway connecting the garage to an adjacent
vehicular right-of-way. The driveway shall be constructed of asphalt,
concrete, block, stone, brick, or a similar durable surface or of an
alternate durable surface approved by the planning and economic
development director.
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 8TH DAY OF JANUARY, 2026.
PLACED ON SECOND, FINAL READING AND PASSED THIS 22NDDAY OF JANUARY, 2026.
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r•*fee, q.•••
ATTEST:
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
VILLAGE ATTORNEY
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