2012-03 Zoning Code Amendment - Mechanical Equipment ORDINANCE NO. 2012-03
• AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA AMENDING APPENDIX C(CHAPTER 45)
OF THE VILLAGE CODE OF ORDINANCES, "ZONING," TO REGULATE
THE LOCATION OF MECHANICAL EQUIPMENT IN THE R-1 AND R-2
ZONING DISTRICTS; AMENDING ARTICLE I, "IN GENERAL" BY
AMENDING SECTION 45-2, "DEFINITIONS;" AMENDING ARTICLE III,
"DISTRICT REGULATIONS," BY AMENDING SECTION 45-27, "R-1
SINGLE-FAMILY DWELLING DISTRICT," AND SECTION 45-28, "R-2
MULTIPLE-FAMILY DISTRICT," PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, having reviewed the recommendation of the Village Planning Commission,
the Village Council wishes to amend the Village Zoning Code to add a definition for mechanical
equipment and regulate the placement of such equipment in the R-1 and R-2 zoning districts; and
WHEREAS, the Village Council of the Village of North Palm Beach finds that the
adoption of this Ordinance is in the interests of the public health, safety and welfare of the
Village and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing`whereas" clauses are hereby ratified as true and are incorporated herein.
Section 2. The Village Council hereby amends Article I, "In General," of Appendix C,
"Zoning," of the Village Code of Ordinances, by amending Section 45-2 to read as follows
(additional language is underlined):
Sec. 45-2. Definitions.
For the purposes of this ordinance, certain words and terms are defined
as follows:
* *
Mechanical equipment means necessary or accessory equipment mounted
on or adjacent to a principal structure, including but not limited to central air
conditioning equipment, ventilation equipment, generators, heating equipment,
antennas, satellite dishes, refrigeration equipment, household appliances, solar and
conventional hot water heaters, elevator machinery and similar type equipment.
* * *
• Section 3. The Village Council hereby amends Article III, "District Regulations," of
Appendix C, "Zoning," of the Village Code of Ordinances, by amending Section 45-27 to read as
follows (additional language is underlined and deleted language is st —thceugh):
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Sec. 45-27. R-1 single-family dwelling district.
* * *
• G. Mechanical equipment. All non roof-mounted mechanical
equipment shall be located behind the front building face of the principal structure
in either the side yard or the rear yard. Such equipment shall be located adjacent
to the principal structure whenever practicable, provided, however, that all
mechanical equipment shall be located at least five (5) feet from the side property
line and at least seven and one-half feet (7%) from the rear property line.
Section 4. The Village Council hereby amends Article III, "District Regulations," of
Appendix C, "Zoning," of the Village Code of Ordinances, by amending Section 45-28 to read as
follows (additional language is underlined and deleted language is stricken-through):
Sec. 45-28. R-2 multiple-family dwelling district.
*
H. Mechanical equipment. All non-roof mounted mechanical
equipment shall be located behind the front building face of the principal structure
in either the side yard or the rear yard. Such equipment shall be located adjacent
to the principal structure whenever practicable, provided, however, that all
mechanical equipment shall be located at least five (5) feet from the side property
line and at least seven and one-half feet (7%) from the rearproperty line.
Section 5. The provisions of this Ordinance shall become and be made a part of the Code of
Ordinances for the Village of North Palm Beach, Florida.
Section 6. 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 7. 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 8. This Ordinance shall take effect immediately upon adoption.
PLACED ON FIRST READING THIS 8th DAY OF MARCH, 2012.
PLACED ON SECOND, FINAL READING AND PASSED THIS 22nd DAY OF MARCH, 2012.
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(Village Seal) ^,. .> 11, 1_�
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VILLAGE CLERK
• APPROVED AS TO FORM AND EGAL SUFFICIENCY:
VILLAGE ATTORNEY
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