2012-07 Northlake Boulevard Overlay Zoning Amendment ORDINANCE NO. 2012-07
• AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA AMENDING APPENDIX C (CHAPTER 45),
"ZONING," ARTICLE III, "DISTRICT REGULATIONS," OF THE VILLAGE
CODE OF ORDINANCES BY AMENDING SECTION 45-35.3,
"NORTHLAKE BOULEVARD OVERLAY ZONING DISTRICT," TO ADOPT
A PROCEDURE FOR REVIEW OF CONDITIONAL AND SPECIAL PERMIT
USES IN SECTION 4-1 AND TO ADOPT A NEW LAND USE CHART IN
SECTION 4-2 TO INCORPORATE USES WITHIN BOTH THE CENTRAL
AND EAST DISTRICTS; PROVIDING FOR CODIFICATION; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Village of North Palm Beach, the Town of Lake Park, the City of Palm
Beach Gardens, and Palm Beach County are all members of the Northlake Boulevard Corridor
Task Force; and
WHEREAS, each member of the Task Force adopted a Northlake Boulevard Overlay
Zoning District ("Overlay") to implement the objectives of the Northlake Boulevard Corridor
Conceptual Streetscape Plan as set forth in "Design Guidelines: Northlake Boulevard Overlay
Zoning District," prepared by Michael Redd & Associates dated March 11, 2002 (`Design
Guidelines"); and
WHEREAS, the Design Guidelines divided the overlay into the separate districts, West,
Central and East, and provided for different permitted, conditional and special permit uses within
each of the three districts based on the underlying land use; and
WHEREAS, when adopting the Overlay, the Village only adopted those uses for East
District, notwithstanding the fact that certain properties currently located both within the Village
and the Village's future annexation area are within the boundaries of the Central District; and
WHEREAS, the Village Council wishes to amend the Overlay to incorporate the uses
specified in the Design Guidelines for both the East and Central Districts, recognizing that the
West District (from Interstate 95 to Military Trail) is neither contiguous to the Village nor
included within the Village's future annexation area; and
WHEREAS, the Village Council further wishes to establish standards and procedures for
approving conditional and special permit uses within the Overlay; and
WHEREAS, the Village Council determines that the adoption of this Ordinance is the
best interests of the public health, safety and welfare 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`whereas"clauses are hereby ratified as true and are incorporated herein.
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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, "Northlake Boulevard Overlay Zoning District (NBOZ)," to amend Section 4-1 to read
as follows (additional language underlined):
Sec. 4-1 Development review regulations.
A. Conditional use and special permit use. Conditional uses and
special permit uses are generally compatible with the other uses permitted in the
district, but which require individual review as to their location, design,
configuration, intensity and/or density of use, buildings and structures, and may
require the imposition of conditions in order to ensure the appropriateness of the
use at a particular location. The supplemental regulations outlined in section 4-3
of this article are to be considered in addition to the existing village standards;
however, the most restrictive regulations apply.
applicable-eedes. Special permit uses are generally temporary for a specified fixed
period of time.
1. Standards for conditional uses and special permit uses. These
uses shall be permitted only if the applicant for conditional use or
special permit use approval demonstrates the following_
a. The proposed use is in compliance with all requirements of
and is consistent with the general purpose, goals, objectives
and standards of the village's land development regulations
and comprehensive development plan;
b. The proposed use will not have an undue adverse effect on
nearby properties;
c. The proposed use is compatible with the existing or
planned character of the neighborhood in which it would be
located; and
d. All reasonable steps have been taken to minimize any 1
adverse effect of the proposed use on the immediate
vicinity through site design, landscaping and screening.
2. Conditions on conditional uses and special permit uses. The
village council shall attach such conditions, limitations and
requirements as are necessary to carry out the purpose of the
village's land development regulations and comprehensive
development plan and to prevent or minimize adverse impacts on
• adjacent properties, including, but not limited to, conditions
relating to the size and intensity of the use, landscaping, lighting,
adequate ingress and egress, traffic circulation and hours of
operation. Such conditions shall be set forth expressly in the
resolution granting the conditional use or special permit use.
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3. Review by village council. The village council shall conduct a
public hearing on a conditional use or special permit use
• application and determine whether the request meets the criteria
established in this section. At the close of the public hearing, the
village council shall either adopt a resolution granting the
application, with or without conditions, or deny the application.
Section 3. 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,
"Northlake Boulevard Overlay Zoning District (NBOZ)," to repeal Section 4-2, "Land Use Chart,"
and simultaneously adopt a new Section 4-2 to read as follows (additional language underlined):
Sec. 45-35.3. Northlake Boulevard Overlay Zoning District (NBOZ)
* * *
Article 4 Zoning Regulations
* *
Sec. 4-2 Land use chart.
NBOZ District Central Central East
Underlying Land Use Commercial Industrial Commercial
NBOZ Land Use
Retail _
Convenience Store CU _ CU
Convenience Store with Gas Sales CU CU CU
Drug Store with Drive-Through CU CU
Nursery, Retail and Garden Supplies CU CU
Retail Sales P P
Personal Service
Dry Cleaning P P
Emergency Health Care Facility P P
Laundry Service P P
Personal Services P P
Veterinary Clinic P P
Professional Office
Broadcast Studio P P P
Financial Institution P P
Laboratory, General P P
Laboratory, Medical or Dental P P
• - Type II P CU
Medical or Dental Office or Clinic P P
- Type II P CU
Office, Business and Professional P P P
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Residential
Dwelling Unit CU CU
• Nursing or Convalescent Facility CU
Auto/Boat _
Automotive Service Station CU CU CU
Car Wash, Automatic CU CU CU
Tire Sales and Installation P P
Vehicle Sales and Rental CU
Restaurant
Restaurant P_ P
Restaurant, Fast Food CU CU CU
Nightclub, Bar or Lounge CU CU
Recreation
Commercial Recreation, Indoor P P P
Commercial Recreation, Outdoor CU
Marina/Private Mooring CU
Theater, Indoor P P P
Assembly
Church or Place of Worship CU CU
College/University CU
School, Public or Private CU CU
Other
Adult Entertainment SP SP SP
Day Care, Adult and Child CU CU CU
Funeral Home CU CU CU
Hospital or Medical Center CU
Hotel/Motel
Temporary Sales, Amusements, and SP SP SP
Special Events
Utility, Public and Private(minor) P P
CU: Conditional Use
SP: Special Permit
P: Permitted
District Boundaries:
Central: From Interstate 95 to Alternate Al A (north side) and Prosperity Farms
Road (south side).
• East: From Alternate Al A (north side) and Prosperity Farms Road (south side) to
U.S. Highway One.
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Notwithstanding anything contained elsewhere within this ordinance, the
properties covered by the NBOZ which have approved uses under the existing
• underlying zoning of the village that are considered or deemed not approved uses
in the land use chart above, shall not be non-conforming.
Section 4. 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, "Northlake Boulevard Overlay Zoning District (NBOZ)," to amend Section 4-3 to read
as follows (additional language underlined):
Sec. 45-35.3. Northlake Boulevard Overlay Zoning District (NBOZ)
* * *
Article 4 Zoning Regulations
* *
Sec. 4-3 Use definitions and supplemental regulations.
* * *
College/university means an institution of higher learning offering undergraduate
or graduate degrees and including the buildings required for education or
support services such as classrooms, laboratories, dormitories, and the like.
In approving a university or college, the reviewing board shall make a
finding that the use is appropriately located,based on the following guidelines:
a. Property functioning of the sale as related to parking;
b. Adequate buffering from residential areas; and
c. Adequate access, ingress and egress.
* * *
Commercial recreation, outdoor means an establishment providing
entertainment or games of skill to the general public for a fee or charge
where any portion of the activity takes place in the open, excluding golf
courses and public parks. Typical uses include: archery ranges, athletic
fields, batting cages, gold driving ranges, miniature golf swimming pools,
and tennis courts. An Outdoor commercial recreation use shall be subject
on the following supplementary use standards:
a. An outdoor commercial recreation facility shall not be located
within five hundred (500) feet of an existing residential district,
use or structure;
b. Access to such facilities shall be from an arterial or major
collector road; and
c. The reviewing board may require additional buffers, safety
fences or walls, or limitation on hours of operation in order to
protect neighboring property and residential activity. In
• approving a conditional use for an outdoor commercial
recreation use, the reviewing board shall make a finding that
the use is appropriately located such that neighboring property
is protected from potential loss of use, noise or other diminution
of land value.
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* *
Hospital or medical center means a facility which provides primary,
• secondary or tertiary medical care, emergency medical services, including
preventive medicine, diagnostic medicine, treatment and rehabilitative service,
medical training programs, medical research, and may include association
with medical schools or medical institutions. A hospital or medical center
shall be subiect to the following supplementary use standards:
a. The minimum lot area shall be three acres;
b. The number of patient rooms for the hospital or medical
center shall not exceed one patient room for each 1,000 feet
of lot area; and
c. If ambulance service is required, access shall be from an
arterial or major collector mad.
Nursing or convalescent facility means a facility licensed and regulated by the
State of Florida that provides lodging and long term skilled nursing care for aged,
chronically ill or convalescent patients, but excluding hospitals, clinics, or similar
institutions devoted primarily to the diagnosis and treatment of the sick or injured.
A nursing or convalescent facility shall be subject to the following supplementary
use standards:
a. The minimum lot area for a nursing and convalescent center shall
be two acres.
b. The number of patient rooms shall not exceed one for each 1,000
square feet of lot area.
c. Access required for ambulance service shall be from an arterial or
major collector so as to minimize the adverse effects on adjacent or
nearby residential property.
* * *
Vehicle sales and rental means an establishment engaged in the sale or rental
from the premises of motor vehicles or equipment, watercraft, recreational
vehicles or mobile homes, with or without incidental service, maintenance or
repair. Typical uses include new and used automobile sales, automobile rental,
boat sales, boat rental, and mobile home sales. The sale or rental of industrial or
agricultural vehicles is prohibited. Vehicle sales and rental uses shall be subject to
the following supplementary use standards:
a. The minimum lot area for vehicle sales and rental is three acres.
b. Repair facilities, paint and body, and sales of parts may be
provided as accessory uses.
1. Repair facilities shall be located at least 100 feet from any
• residential district, use or structure.
2. Service bay doors shall not be oriented towards any adiacent
property in a residential district or adjacent public street.
3. All repair and maintenance shall be conducted in a completely
enclosed structure. Outside storage or display of disassembled
vehicles or parts shall be prohibited.
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c. A mobile home, recreational vehicle or other vehicle shall not be
used as a sales office, storage space, or for sleeping purposes. Sales
• offices and storage shall be contained in buildings in conformance
with applicable building codes.
d. If an accessory car wash facility is installed, it shall adhere to the
regulations governing car washes.
e. Outdoor speakers or public address systems that are audible from
the exterior of the site shall be prohibited.
f. Outdoor display and storage of motor vehicles is permitted
provided that the vehicles are not elevated or mechanically
rotated nor parked with their hoods or trunks open.
Section 5. The provisions of this Ordinance shall become and be made a part of the Code of
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 12th DAY OF JULY, 2012.
PLACED ON SECOND, FINAL READING AND PASSED THIS 26th D • Y O' 2012.
(Village
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Or
ATTEST: c'e
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VILLAG CLERK'
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
• VILLAGE ATTORNEY
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