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2011-05 Northlake Blvd Overlay Zoning District Compliance ExtensionOlaDINANCE N0.2011-05 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE III, "DISTRICT REGULATIONS," OF APPENDIX C (CHAPTER 45) OF THE VILLAGE CODE OF ORDINANCES, "ZONING," BY AMENDING SECTION 45-35.3, "NORTHLAKE BOULEVARD OVERLY ZONING DISTRICT (NBOZ)," TO EXTEND THE COMPLIANCE DEADLINE FOR NON-CONFORMING LANDSCAPING AND SIGNS; PROVIDING FOR NOTIFICATION TO PROPERTY OWNERS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village adopted the Northlake Boulevard Overlay Zoning District, as set forth in Section 45-35.3 of the Village Code of Ordinances ("NBOZ"), through the enactment of Ordinance No. OS-2003 on February 27, 2003; and WHEREAS, Article 6 of the NBOZ provides that all developments existing as of the effective date of the NBOZ must conform to the landscape requirements set forth therein within eight (8) years of the effective date of the NBOZ; and WHEREAS, Article 7 of the NBOZ provides that all accessory signs, wall signs, freestanding signs, awning signs, pole signs and ground signs existing as of the effective date of the NBOZ must conform to the requirements set forth therein within (10) ten years or be removed from the premises; and WHEREAS, in an effort to assist its business community during this difficult economic tune and in order to be consistent with the other members of the Northlake Boulevard Task Force, the Village Council wishes to extend the compliance dates for non-conforming landscape and signs within the NBOZ ~anti12014; and WHEREAS, the Village Council determines that the adoption of this Ordinance is in the best interests of the public health, safety and welfare of the Village and its residents. NOW, THEREFORE, BE IT GRDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing "whereas" clauses are hereby ratified and 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 45-35.3 to read as follows (additional language is underlined and deleted language is st~k-ter ~h) Page 1 of 3 Sec. 45-35.3. Northlake Boulevard Overlay Zoning District (NBOZ). ~ ~ ~ Article 6 Landscape Clements Sec. 6-2 Administration. A. Applicability. The provisions of this article shall apply to all existing and future development within the boundaries of the NBOZ as follows: 1. New development. All new development. 2. Existing development. All existing development shall conform with the provisions of the article ° °''+ ~4` ~ ° ~-°m +''° °~ °+~~~° a„+° °~+:.°~° ,.°,.,,~„+;°„~ by MaY 31, 2014. *~* Article 7 Signage and Outdoor Displays ~ ~ Sec. 7-1 General provisions. ~ ~ B. Nonconforming signs. A nonconforming sign is any sign which was established pursuant to the issuance of a sign permit on or before the effective date of these regulations, and which is rendered nonconforming by the provisions of this article. 1. All accessory signs, wall signs, freestanding signs, awning signs, pole signs, and ground signs erected within the corridor that do not conform to the terms of this article shall conform *°n ~' ~` ~~°°r° ~. +,, a p+' „~+,,;~ °r'., . by May 31, 2014 or be removed u~~.. ~,~e uu:, «vr from the premises. Section 3. The Village Council hereby directs Village Administration to notify the owners of properties with landscaping and signs that do not comply with the Northlake Boulevard Overlay Zoning District regulations of the extended compliance deadline by certified mail. Section 4. The provisions of this Ordinance shall become and be made a part of the Code of the Village of North Palm Beach, Florida. Page 2 of 3 Section 5. 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 6. 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 7. This Ordinance shall take effect immediately upon adoption. PLACED ON FIRST READING THIS 24th DAY OF MARCH, 2011. PLACED ON SECOND, FINAL READING AND PASSED THIS 14th DAY OF APRIL, 2011. (Village Seal) ATTEST: T VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~~ VILLAGE ATTORNEY MAYOR Page 3 of 3