2007-16 Code Amendment Similar UsesORDINANCE 2007-16
• AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE II,
"GENERALLY," OF APPENDIX C, "ZONING," OF THE VILLAGE CODE
OF ORDINANCES TO CREATE A NEW SECTION 45-16.1 AND
ESTABLISH A PROCEDURE FOR THE APPROVAL OF SIMILAR USES
THROUGH THE ISSUANCE OF A SPECIAL PERMIT; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village Council recognizes that it cannot list or anticipate all appropriate uses
for a particulaz zoning district and wishes to provide for a procedure whereby Village
Administration can evaluate and authorize uses similaz to those uses specifically enumerated
within the Village's zoning regulations and establish such uses through the issuance of a special
permit; and
WHEREAS, having considered the recommendation of the Planning Commission, the Village
Council determines that adoption ofthis ordinance benefits the public health, safety and welfaze.
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 and incorporated herein.
Section 2. The Village Council hereby amends Article II, "Generally," of Appendix C,
"Zoning," of the Village Code of Ordinances by enacting a new Section 45-16.1 to read as
follows (additional language is underlined):
Sec. 45-16.1. Similar Uses.
~ A use within a commercial zoning district not specifically listed as
a permitted use, but possessing chazacteristics similar to a permitted use, may be
established upon written application to the wmmunity development director for a
special use permit.
bL2 In evaluating an application for a special use permit for the
establishment of a similar use. the community development director shall, in
consultation with other village departments, consider the chazacteristics of the
proposed use, includine. but not limited to, size, intensity, densityoperating
hours, demands for public facilities, traffic impacts and business practices.
u Upon review and evaluation of the application, the community
development director shall present his or her rewmmendation to the village
council for final consideration on the next available council a eg nda.
• ~ The village council shall conduct a public hearing on the
application for special use permit and determine whether the application meets the
criteria set forth in subsection (bl above. The village council shall grant or deny
the application by written order.
u In grantine a special use permit, the village council may impose
• conditions necessary to ensure that the proposed use•
is compatible with the existing or planned character of the
neighborhood in which it would be located•
will not have an adverse impact upon adjacent ~roperties• and
u will not interfere with the use of adjacent properties.
Such conditions may include restrictions on the size and operating hours of the
proposed use.
~t If the conditions im osed b the s ecial use ermit are not met the
community development director may revoke the permit A permit holder may
appeal the revocation of a special use permit by filing an appeal in wriin tg o the
Zoning Board ofAdjustment within thirty (30) days ofreceipt ofwritten rotice ofrevocation
Section 3. The provisions ofthis Ordinance shall become and be made a part of the Code of
the Village ofNorth Palm Beach.
Section 4. Ifany section,,pazagraph, sentence, clause, phrase or word ofthis 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 ofthis Ordinance.
• Section 5. All Ordinances or parts of Ordinances or 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 25th DAY OF OCTOBER 2007
PLACED ON SECOND, FINAL READING AND PASSED T~oS~7,th DAY OF NOVEMBER 2007.
(Villa'ge~Seal) / ~/~'~~~
MAYO
AT"TES'~:,
_~~~~~,T ~~~
VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
~~
VILLAGE ATTORNEY
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