2012-02 Amends Ch 6_Const Bd of Adj and Planning Comm • ORDINANCE NO. 2012-02
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, AMENDING CHAPTER 6, `BUILDING AND
BUILDING REGULATIONS," OF THE VILLAGE CODE OF ORDINANCES;
AMENDING ARTICLE II, "MINIMUM CONSTRUCTION STANDARDS," BY
AMENDING SECTION 6-17, "CODES ADOPTED," TO PROVIDE FOR THE
ADOPTION OF THE CURRENT EDITION OF THE FLORIDA BUILDING CODE
AND ADOPTING A NEW SECTION 6-18, "CONSTRUCTION BOARD OF
ADJUSTMENT AND APPEALS;" AMENDING DIVISION 3, "CERTIFICATE OF
APPROPRIATENESS," OF ARTICLE III, "APPEARANCE CODE," BY
AMENDING SECTION 6-57, "FINAL HEARINGS," SECTION 6-58, "ACTION OF
PLANNING COMMISSION," SECTION 6-59, "APPROVAL BY PLANNING
COMMISSION" AND SECTION 6-60, "FOLLOW-UP BY BUILDING
INSPECTOR," TO SUBSTITUTE COMMUNITY DEVELOPMENT DEPARTMENT
FOR BUILDING INSPECTOR AND MODIFY PLANNING COMMISSION
PROCEDURES TO CONFORM TO CURRENT PRACTICE; AMENDING
ARTICLE V, "SIGNS AND OUTDOOR DISPLAYS," BY AMENDING SECTION
6-111, "GENERAL PROVISIONS," AND SECTION 6-117, "DESIGN,
CONSTRUCTION AND LOCATION STANDARDS," TO SUBSTITUTE
COMMUNITY DEVELOPMENT DEPARTMENT FOR BUILDING INSPECTOR
AND REFERENCE FLORIDA BUILDING CODE REQUIREMENTS; PROVIDING
FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Village Administration is recommending amending Chapter 6, `Building and
Building Regulations," of the Village Code of Ordinances to: (1) reference the correct version of the
Florida Building Code; (2) create a Construction Board of Adjustment and Appeals because this
Board is no longer included within the Florida Building Code; and (3) assign administrative duties
relating to the Planning Commission and the sign code to the Community Development Department in
lieu of the Building Inspector and revise Planning Commission procedures to conform to current
practices; and
WHEREAS, the Village Council determines that the adoption of this Ordinance is in the best
interests of the residents and citizens of the Village of North Palm Beach.
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.
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• Section 2. The Village Council hereby amends Article II, "Minimum Construction Standards," of
Chapter 6, "Buildings and Building Regulations," of the Village Code of Ordinances to read as follows
(additional language is underlined and deleted language is stricken-through):
ARTICLE II. MINIMUM CONSTRUCTION STANDARDS
Sec. 6-17. Codes adopted.
The 2001 edition of the Florida Building Code, as developed by the Florida Building
Commission and adopted by state statute, - • _ : - • . : : : •
. . - . . . _ . . • . _ . . . . _. .'. .. _ • ace
is hereby adopted and incorporated herein as the minimum construction standards for
the Village of North Palm Beach, Florida. The beet department of community
development shall be substituted for building department in the adopted code.
Sec. 6-18 Rcscrycd Construction board of adjustment and appeals.
(a) Appointment. There is hereby established a construction board of
adjustment and appeals, which shall consist of seven (7) members and two alternate
members appointed by the village council.
bj Membership. To the extent possible, the board's membership shall be
composed of individuals with knowledge and experience in the technical codes and
shall include an architect, an engineer, a general contractor, an electrical contractor, an
HVAC contractor, a plumbing contractor, and any other licensed contractor category.
(c Terms. The term of office of the board members shall be three (3)
years. The alternate members, if appointed, shall serve one-year terms.
(d) Quorum and voting. A simple majority of the board shall constitute a
quorum. Notwithstanding the foregoing, any variance to the building code
requirements shall require three (3) affirmative votes and any modification to the
decision of the building official shall require four (4) affirmative votes.
(el Secretary to the board. The building official or the building official's
designee shall act as secretary to the board.
(1t Powers. The board shall have the power to hear appeals of decisions
and interpretations of the building official and consider variances to the building code.
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La Anneals. The owner of a building, structure or service system, or the
owner's duly authorized agent, may appeal a decision of the building
• official to the board whenever any one of the following conditions are
claimed to exist:
a. The building official rejected or refused to approve the mode or
manner of construction proposed to be followed or materials to
be used in the installation or alteration of a building, structure or
service system;
b. The provisions of the building code do not apply to a specific
case;
c. An equally good or more desirable form of installation can be
employed in a specific case; or
d. The true intent and meaning of the building code have been
misconstrued or incorrectly interpreted.
A notice of appeal shall be filed in writing with the community
development department within thirty (30) calendar days after the
building official renders his or her decision. If the appeal involves a
building, structure or service system that, in the opinion of the building
official, is unsafe, unsanitary or dangerous, the building official may
shorten the time in which an appeal may be filed. In no event shall such
appeal period be less than five (5) calendar days.
(2) Variances. The board shall have the power to vary the application of
the building code to any particular case if the board determines that the
enforcement thereof would do manifest injustice and would be contrary
to the spirit and purpose of the building code, and also finds that each of
the following criteria are met:
a. That special conditions and circumstances exist which are
peculiar to the building, structure or service system involved and
which are not applicable to others;
b. That the special conditions and circumstances do not result from
the action or inaction of the applicant;
c. That granting the variance request will not confer on the
applicant any special privilege that is denied by the code to other
buildings, structures or service system;
d. That the variance granted is the minimum variance that will
make possible the reasonable use of the building, structure or
service system; and
• e. That the grant of the variance will be in harmony with the
general intent and purpose of the code and will not be
detrimental to the public health, safety and general welfare.
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In granting a variance, the board may prescribe a reasonable time limit within
which the action for which the variance is required shall be commenced or
• completed or both. In addition, the board may prescribe appropriate conditions
and safeguards in conformity with this code. Violation of the conditions of a
variance shall be deemed a violation of the building code and shall be subject to
code enforcement proceedings.
(g0 Procedures.
(1) The board shall meet as necessary to consider appeals of the decisions
and interpretations of the building official and consider variances to the
building code.
(2) The board's decision shall be set forth in a written order. An order
involving the building official's interpretation of the building code shall
be reviewed utilizing the procedure set forth in s. 553.775 F.S., as
amended. All other orders entered by the board shall be appealed
through the filing of a petition for writ of certiorari in the circuit court
within thirty (30) days after rendition of the order. Such an appeal shall
not be a hearing de novo, but shall be limited to appellate review of the
record created before the board.
Section 3. The Village Council hereby amends Article III, "Appearance Code," of Chapter 6,
"Buildings and Building Regulations," of the Village Code of Ordinances by amending Division 3,
"Certificate of Appropriateness," to read as follows (additional language is underlined and deleted
language is stricken-through):
DIVISION 3. CERTIFICATE OF APPROPRIATENESS
* * *
Sec. 6-57. Final hearings.
Upon filing of an application for building permit for a multifamily or commercial
building, the building--inspector community development department shall innnerliately
transmit schedule the application for a hearing before to the {planning commission}. The
fact that an application for a certificate of appropriateness has been filed shall not be cause
for the building-inspector community development department to delay the review of plans
relating to the building and zoning aspects of the project, while the application is pending.
The{planning commission}shall establish regularly scheduled monthly meetings at which to
review all applications. Applications shall be submitted at least fourteen (14) days prior to
the scheduled monthly meetings, or as otherwise determined by the community
development director, in order to be considered at that scheduled monthly meeting. The
community development department shall prepare an agenda
containing a list of all applications filed for each scheduled monthly meeting, which shall be
submitted to all members of the{planning commission} at least ten-(10) five (5) days prior
to the scheduled monthly meetings. The community development
department shall further notify each applicant of the date and time of a hearing on his
application, in writing, which notice shall be mailed at least seven-(7) five (5) days prior to
• such hearing. Upon such hearing, the {planning commission} shall consider the application
for building permit and receive additional evidence (such as the exterior renderings) from
the applicant or his agent or attorney and from village staff or other persons as to whether
the external architectural features of the proposed building or structure comply with the
appearance plan.
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Sec. 6-58. Action of planning commission.
t..: . . • .. - Upon consideration of an application, the
planning commission shall issue a certificate of appropriateness to the community
development department upon a finding that the plan conforms to the village
appearance plan and that the proposed building or structure is appropriate to, and
compatible with, the character of the immediate neighborhood and will not cause a
substantial depreciation in property values. If-the-latter-finding-is-made If the planning
commission determines that these criteria are not met, the planning commission shall
provide such advice, counsel, suggestions and recommendations on matters pertaining
to aesthetics as they it may deem necessary to guide the prospective applicant in the
development of a plan which would comply with the requirements and purposes of the
appearance plan. If preliminary hearings have been held on the project for which
application is being made, and preliminary approval has been issued by the planning
commission as provided in section 6-56, the planning commission shall issue a
certificate of appropriateness immediately, provided that the final drawings, plans and
material as presented comply in all respects with the preliminary presentation upon
which the preliminary approval was based.
Sec. 6-59. Approval by planning commission.
The planning commission shall issue a certificate of appropriateness upon a
concurring vote of at least three (3) members. No building or other permit, otherwise
required under the ordinances of the village, for the erection, construction, alteration or
repair of any building or structure in a multiple-dwelling, commercial or public zoning
district shall be approved by the community development
director except upon the granting of a certificate of appropriateness by the planning
commission. The foregoing requirements shall not preclude the issuance of a building
permit without such certificate if the building-inspector community development director
shall determine that no external architectural feature as defined in section 6-31 is involved
in the work for which the building permit is sought.
Sec. 6-60. Follow-up by building-inspector community development department.
Upon the granting of a certificate of appropriateness, the exterior drawings,
sketches, landscape and site plans, renderings and materials upon which such certificate was
granted shall be turned over to the building-inspector community development department
whose responsibility it shall be to determine, from time to time as the project is in
progress and finally upon its completion, that there have been no unauthorized deviations
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from the evidence upon which the granting of the certificate of appropriateness was
originally based. The building-impeder community development department shall not issue a
certificate of occupancy or final inspection approval for any building or structure where there
have been any deviations from the certificate of appropriateness which has been granted.
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Section 4. The Village Council hereby amends Article V, "Signs and Outdoor Displays," of
Chapter 6, "Buildings and Building Regulations," of the Village Code of Ordinances to read as follows
• (additional language is underlined and deleted language is strieken4through):
ARTICLE V. SIGNS AND OUTDOOR DISPLAYS
* * *
Sec. 6-111. General provisions.
(G) Maintenance.
(1) All signs, including their supports, braces, guys and anchors, electrical
parts and lighting fixtures, and all painted and display areas, shall be
maintained in accordance with the building and electrical codes adopted
by the village, and shall present a neat and clean appearance. The
vegetation around the base of ground signs shall be neatly trimmed and
free of unsightly weeds, and no rubbish or debris that would constitute a
fire or health hazard shall be permitted under or near the sign.
(2) Any sign now or hereafter existing which no longer advertises a bona
fide business conducted or a product sold shall be taken down and
removed by the owner, agent or person having the beneficial use of the
building or structure upon which sign may be found within ten (10) days
after written notification from the building -o ficial community
development department. Upon failure to comply with such notice
within the specified time in such order, the community
development department is hereby authorized to cause removal of such
sign and any expenses incident thereto shall be paid by the owner of the
building or structure to which said sign is attached.
* * *
(I) Permits.
(1) A sign shall not hereafter be erected, constructed, altered or maintained
except as provided in this Code, until after a pumtt for the same has
been issued in accordance with the permitting procedures of the building
code.
(2) Fees. Fees shall be based on the construction valuation as set forth in
the building code.
• (3) Exemption. Temporary signs not regulated by the Florida Building
Code are exempt from the requirement of obtaining a permit or paying a
fee,but they shall be subject to the other provisions of this chapter.
* * *
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Sec. 6-117. Design, construction, and location standards.
• (C) Illumination standards.
(1) All illuminated signs shall be internally lighted and only by electricity.
(2) All electric wiring shall be installed in
electric accordance with the Florida Building Code.
(3) Electrically lighted signs shall be automatically controlled to be
disconnected daily at midnight or at the close of business if the
advertised closing is later than midnight.
(4) Sign lighting may not be designed or located to cause confusion with
traffic lights.
* * *
(J) Signs required to be designed. The following signs shall be designed by
a Florida registered architect or engineer:
(1) Building wall signs that project perpendicularly from the surface to
which it is attached and that are more than twelve (12) square feet in
area.
(2) Ground signs of more than forty(40) square feet in area.
(3) All signs shall be designed to withstand : . _ . . -••. - . . t
the wind loads prescribed by the Florida
Building Code.
Section 5. The Village Council hereby repeals Article VI, "Energy Efficiency Building Code," of
Chapter 6, "Buildings and Building Regulations," in its entirety. These matters are governed by the
Florida Building Code.
Section 6. The Village Council hereby repeals Article VII, "Coastal Construction Code," of
Chapter 6, "Buildings and Building Regulations," in its entirety. These matters are governed by the
Florida Building Code.
Section 7. The provisions of this Ordinance shall become and be made part of the Code of
Ordinances for the Village of North Palm Beach, Florida.
Section 8. If any section, paragraph, sentence, clause, phrase or word of this Ordinances is for any
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reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such
holding shall not affect the remainder of the Ordinance.
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Section 9. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict
herewith are hereby repealed to the extent of such conflict.
• Section 10. This Ordinance shall be effective immediately upon adoption.
PLACED ON FIRST READING THIS 23rd DAY OF FEBRUARY, 2012.
PLACED ON SECOND, FINAL READING AND PASSED THIS 8th DAY OF MARCH, 2012.
(Village Seal) AO C
MAYOR
ATTEST:
``%eeed ,4-E — 7 ZV-
VILLAG CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
,
VILLAGE ATTORNEY
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