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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. • Page 1 of 8 • 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. • Page 2 of 8 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. Page 3 of 8 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. Page 4 of 8 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 • 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. Page 5 of 8 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. * * * Page 6 of 8 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 • reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. Page 7 of 8 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 • Page 8 of 8