1995-08 Creates Zoning District C-3 Regional Business
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ORDINANCE N0. $-95
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ADDING SECTION 45-34.1 TO APPENDIX C-ZONING OF THE
CODE OF ORDINANCES OF THE VILLAGE CREATING A NEW ZONING DISTRICT TO
BE KNOWN AS C-3 REGIONAL BUSINESS DISTRICT AND MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA:
Section 1. The Village Council of the Village of North
Palm Beach, Florida, does hereby add Section 45-34.1 to Appendix C-
loning of the Code of Ordinances of the Village creating a new
zoning district to be known as C-3 Regional Business District and
more particularly described in Exhibit "A" attached and made a
part hereof.
Section 2. All Ordinances or parts of Ordinances in
conflict herewith are hereby repealed.
Section 3. This Ordinance shall take effect immediately
upon passage.
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PLACED ON FIRST READING THIS 23rd DAY OF February 1995.
PLACED ON PUBLIC HEARING THIS 23rd DAY OF March 1995.
PLACED ON SECOND, FINAL READING AND PASSED THIS 23rd DAY OF
March 1995.
MAYOR
(VILLAGE SEAL)
ATTEST:
(%~~F-~
~ VILLAGE CLERK
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EXHIBIT "A"
Section 45-34.1 of the North Palm Beach Code is hereby added to read as follows:
Sec. 45-34.1 C-3 regional business district. The C-3 regional business district is designed for
the re-use and/or redevelopment of commercial property. It contains special
regulations and procedures that are integrated with those of the Town of Lake
Park to avoid conflicts that could otherwise be created by the location of the
town village boundary. Within C-3 business districts, the following regulations
shall apply:
(1) Uses permitted. Within the C-3 zoning district, no building, structure, land, or
' water shall be used, unless otherwise permitted by these regulations, except for
any combination of the following purposes:
a. Banks, savings & loans, stockbrokers, and similar financial institutions.
b. Business offices, including medical and professional services.
c. Community residential homes, subject to the same requirements as apply
in the R-2 zoning district, and family day care centers as defined in
Chapter 402, Florida Statutes.
d. Hotels, motels, and time-share units.
e. Multiple-family dwellings (each building containing three or more units)
and customary accessory uses, subject to any limitations on residential
uses in the adopted Comprehensive Plan.
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f. Personal services typically offered in conjunction with shopping facilities,
t such as laundromats, dry cleaners, barber and beauty shops, child care
facilities, health clubs, and shops for the repair, cleaning, or rental of
items weighing less than 100 pounds.
g. Restaurants and other establishments where food and/or beverages are
prepared and served.
h. Retail sale of new or antique merchandise that is displayed indoors only,
whether in frcestanding buildings or in a centrally managed shopping
center or enclosed mall.
i. Theaters and other entertainment facilities including nightclubs, game
rooms, bowling alleys, and similar establishments, provided they are fully
' enclosed and provided such uses shall not include adult entertainment
establishments.
(2) Off-street parking. All proposed land uses shall provide a sufficient number of
parking spaces to accommodate the number of vehicles that can be expected to
be attracted to that use. Individual land uses can provide at least the number of
spaces listed below on the same parcel of land as the principal building (or on an
adjoining parcel under identical ownership) in lieu of using the parking space
standazds found elsewhere in this code. However, certain land uses may require
less parking; and combinations of land uses may be able to reduce the total
number of spaces by sharing those spaces during differing peak hours or because
of pedestrian traffic or multi-purpose trips. Modified standards may be approved
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if fewer spaces will accommodate the number of vehicles that can be expected to
' be attracted to that use (or combination of uses) at the proposed location. Such
a modification may be made on individual parcels of land (or adjoining parcels
under identical ownership) by the Building Official when permitted by consensus
national codes or standards or after submission of persuasive technical evidence
(such as publications of the Institute of Transportation Engineers (ITE)).
Modifications that involve shared parking on parcels of land that are not under
identical ownership, or parking in a different municipality than the principal
building regardless of ownership, may be approved through the special C-3 PUD
procedures found below in 45-34.1(10).
a. Auditoriums of any kind - 1 space per 3 seats.
' b. Banks and other financial institutions - 3 spaces per 1000 square feet.
c. Hotels and motels - 1 space per guest room plus 1 space per 2 employees
during the peak period; parking for restaurants and other guest facilities
to be calculated separately.
d. Offices, medical/dental - 5 spaces per 1000 square feet.
e. Offices, all other - 3 spaces per 1000 square feet.
f. Residential - 2 spaces per dwelling unit
g. Restaurants and nightclubs - 12 spaces per 1000 square feet, except 6
spaces per 1000 square feet for restaurants offering take-out service.
h. Retail uses and personal services - 4 spaces per 1000 square feet, except
1.5 spaces per 1000 square feet for furniture sales.
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i. Shopping centers - 4 spaces per 1000 square feet.
' j. Uses not listed above - to be determined by the Building Official using
standards found elsewhere in this Code or upon submission of persuasive
technical evidence about the number of vehicles that can be expected to
be attracted.
NOTES:
1. All areas are measured as gross floor area except multi-tenant
shopping centers and office complexes, which are measured as
gross leasable area.
2. Fractional spaces can be disregarded.
3. Wherever the term "identical ownership" is used, the land parcels
' in question must be contiguous and must be owned by or under the
unified control of the applicant.
(3) Off-street loading and internal circulation. Requirements for off-street loading,
parking lot aisles, aceessways, and general internal circulation shall be same as
would apply in the C-1 zoning district.
a. Lighting: Parking lots shall be fully illuminated during hours of business
operation with a minimum standard of illumination from closing to dawn
per the Palm Beach County Code or ITE, whichever is more stringent.
(4) Landscaping. Landscaping shall be required along the outer boundary of the C-3
zoning district (irrespective of any municipal boundary) and also in unroofed
parking areas whenever a parking area is constructed, reconstructed, or
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reconfigured. In addition to the other provisions of Chapter 4-27 of this code, the
' following landscaping requirements shall be met:
a. Required landscaping at(jacent to public rights-of--way: The required
landscaped strip between a public right-of--way and an off-street parking
area shall be at least 15 feet wide and shall contain at least 5 trees and 18
shrubs for each 100 lineal feet.
b. Parking area interior landscaping for unroofed parking areas: At least
10% of the total paved surface area shall be devoted to landscaped areas.
Each area counting toward the 10% total shall have an average minimum
dimension of 10 feet. At least 1 tree shall be planted for every 250 square
feet of required internal planting area. No parking space shall be more
' than 100 feet from a tree planted in a permeable island, peninsula, or
median having a 10-foot minimum width.
c. Indigenous native vegetation: To reduce maintenance and water
consumption, required landscaping shall include at least 75% indigenous
native trees and 50% indigenous native shrubs.
d. Installation: All required landscaping shall be installed using xeriscape
principles including water conservation through the appropriate use of
drought-tolerant plants, mulching, and the reduction of turn areas.
Irrigation systems shall be designed to operate only when needed and only
in those areas that require irrigation.
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e. Maintenance: The property owner shall be responsible for the
maintenance of all required landscaped areas in a healthy and vigorous
condition at all times. Required trees shall not be trimmed or pruned in
such a way as to alter of limit their normal mature height or crown
spread. If required plants die, they shall be replaced within sixty days.
(5) Setbacks and height. The following setback, height, and spacing regulations
apply in [he C-3 zoning district:
a. Perimeter setbacks: All buildings and structures shall be set back a
minimum of 30 feet from the outer boundary of the C-3 zoning district,
except an interior common municipal boundary. For buildings in excess
of 2 stories or 30 feet in height, 1 foot shall be added to the required
perimeter setback for each extra foot of height over 30 feet.
b. Additional setbacks to internal properly lines: The need for building
setbacks to property lines adjoining other land zoned C-3 is related to the
existing or proposed uses of those properties. Unless modified through the
special C-3 PUD procedures found below in 45-34.1(10), all new
buildings and structures shall be set back a minimum of 25 feet from each
of its property lines.
c. Maximum building height The maximum height of any building shall be
50 feet.
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d. Spacing between buildings: The minimum spacing between individual
buildings on the same or adjoining C-3 properties shall be as required by
applicable fire and building codes.
(6) Maximum lot coverage. There is no fixed cap on lot coverage or floor area
ratio. Maximum intensity will be governed by the application of the parking,
loading, setback, building height, and surface water management standards found
herein.
(7) Signs. In addition to the other provisions of Sections 6-111 through 117 of this
code, but notwithstanding any conflicting standards found therein, signs in the C-
3 zoning district shall comply with the following regulations unless modified
through the special C-3 PUD procedures.
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a. Ground signs are mounted on a monolithic base and are independent of
any building for support. They are permitted only when the sign and base
are monolithic and have essentially the same contour from grade to top.
Ground signs that meet the following regulations are permitted in the C-3
district only along U.S. Route 1 and Nortlilake Boulevard:
1. Maximum number of ground signs: 1 ground sign along U.S.
Route 1 and 1 ground sign along Northlake Boulevard, regardless
of jurisdiction, North Palm Beach or Lake Park.
2. Maximum height of ground sign base: 3 feet.
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3. Maximum height of ground signs: 13 feet including the base,
measured from the finished grade nearest the base (excluding
berms).
4. Maximum size of ground signs: 100 square feet; copy may be
placed on two sides of a ground sign without counting the area
twice.
b. Pole signs are not attached to any building and are supported upon the
ground by poles or braces. Pole signs aze not permitted in the C-3 district.
c. Wall signs are those that are attached to the exterior of a building or
structure in such a manner that the wall becomes the supporting structure,
and may form the background surface, of the sign. Wall signs are
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permitted in the C-3 district provided they meet the following regulations:
1. Maximum depth of wall signs: Wall signs may not be painted
directly on the wall and may not project more than 2 feet from the
building to which they are fastened.
2. Allowable slope of wall signs: Wall signs may not be attached to
walls that slope more than 45 degrees from a vertical plane.
3. Maximum height of wall signs: 18 feet measured from the
finished grade nearest the wall, except that on a building of more
than two stories, a single wall sign is allowed above 18 feet. No
wall sign may extend above the top of the wall to which it is
attached.
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4. Maximum number of wall signs: One permanent wall sign is
' permitted for each business which has direct ground level walk-in
access from a public or private roadway or sidewalk, and one
additional permanent wall sign identifying the building is permitted
for each multiple occupancy complex.
5. Maximum size of wall signs: 5% of the area of the wall to which
it is attached; or 7% if the front builditg setback is greater than 70
feet; or 10% if the front building setback is greater than 100 feet.
However, in no case shall a wall sign exceed 100 square feet in
size.
d. Roof signs are erected and constructed wholly on and over the roof of a
' building, and are supported by the roof structure or are an integral part of
the roof. Roof signs are not permitted in the C-3 district.
e. Size computations: When these regulations establish the maximum size of
a sign, it shall be computed by means of the smallest square, circle,
rectangle, triangle, or combination thereof that will encompass the
extreme limits of the writing, representation, emblem, or other display,
together with any material or color forming an integral part of the
background of the display or used to differentiate the sign any backdrop
or structure against which it is placed.
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f. Allowable colors: Notwithstanding the regulations in Chapter 6 of this
' Code, color tones utilized for all signs complying with these regulations
shall be compatible with surrounding area.
g. Lighhag: Signs containing illumination shall be turned off by 12:00 a.m.
(midnight) each night, or when the business closes, whichever is later.
h. Appeals: Notwithstanding conflicting appeal procedures found elsewhere
in this code, all requests for modifications to sign regulations in the C-3
zoning district shall be made through the special C-3 PUD procedures
found below in 45-34.1(10).
(8) Surface water management. A complete surface water management system shall
be provided to current standards of the South Florida Water Management District
' whenever a building or parking area is substantially redeveloped.
(9) Automatic fire sprinkler systems. All new buildings in the C-3 district shall be
equipped with an approved automatic fire sprinkler system.
(10) Special C-3 Planned Unit Development (PUD) provisions. Land in a C-3
zoning district may have fragmented ownership or may adjoin a municipal
boundary. Despite these complications, the Village of North Palm Beach desires
to provide for an added degree of flexibility in the placement and interrelationship
of the buildings and land uses in this district. One or more landowners in the C-3
district may elect to use these special PUD procedures to seek approval of a site
development plan that resolves ownership or boundary complications and/or
which differs from the literal terms of these zoning and land development
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regulations. These procedures may also be used to seek approval for certain land
uses that are not permitted by right in the C-3 district (see Section 45-34.1(1)
above) or to request a specific modification to the sign regulations. However, any
PUD approval under these procedures must be consistent with the spirit and intent
of the C-3 zoning district and must also be consistent with the Comprehensive
Plan.
a. Allowable changes to existing regulations: No PUD approval can permit
any development that is inconsistent with the Comprehensive Plan. Subject
to this limitation, changes may be considered through this process to any
other zoning and land development regulation [hat the village council finds
would unduly constrain desirable re-use and/or redevelopment of land in
the C-3 zoning district. After any such changes are made by the village
council, those changes shall govern to the extent of conflict with these
regulations.
b. Additional land uses: The following land uses are not permitted by right
but may be approved in response to a specific PUD application:
1. Automobile, truck, or motorcycle dealers (new or used).
2. Cultural, civic, educational, health care, and religious facilities.
3. Nursing or convalescent homes.
4. Offices for non-profit, religious, or governmental activities.
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c. Minimum PUD requirements: There is no minimum parcel size for PUD
applications. However, most favorable consideration will be given to
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applications that encompass the largest possible land area, and no parcel
that is smaller than its size when this section was adopted (May _, 1994)
may be submitted unless it was properly platted through the provisions of
these land development regulations. All parcels submitted in a single PUD
application must be contiguous and must be owned by or under the unified
control of the applicant.
d. Application procedures: PUD applications made under this section shall
be accompanied by the applicable fee and shall contain the following:
1. Satisfactory evidence of unified control of the entire area within
the proposed PUD; agreement to abide by the conditions of
approval, if granted; and ability to bind successors in title to these
conditions if the proposed development is built.
2. A proposed site development plan in sufficient detail to show the
approximate locations of buildings, parking areas, and stormwater
management facilities. This plan shall also show the exact locations
of all access points to public streets and to any abutting land zoned
C-3, whether in Lake Park or North Palm Beach.
3. Unless clearly shown directly on the site development plan, an
explicit list of zoning and land development regulations for which
changes are sought, and the proposed alternate standards.
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4. A specific list describing any of the additional land uses listed in
' Section 45-34.1(10)b. for which the applicant is requesting
approval.
5. Any volunteered limiting conditions that could provide assurances
that the development as proposed would further the intent and
spirit of the C-3 district and the Comprehensive Plan.
The site development plan, lists of alternate standards and additional land
uses, and volunteered conditions should be submitted in a format suitable
for attachment to an ordinance approving the requests.
e. Approval process: PUD applications under this section shall be forwarded
along with recommendations from staff to the planning commission, which
' after holding a public hearing shall make a formal recommendation of
approval, partial approval, or disapproval. The village council shall also
hold a public hearing and decide whether to approve, partially approve,
or disapprove the PUD application. Unless the application is disapproved
in full, this action shall be by ordinance. The applicant may then proceed
to obtain all other needed development permits in accordance with the
village's regulations.
f. Applications abutting or crossing a municipal boundary: Any PUD
application for property abutting or crossing the Lake Park town boundary
shall meet all of the above requirements. In addition, to protect the
interests of other C-3 landowners and the town, a decision on the PUD
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application shall be made by the village council only at a joint meeting
' with the Lake Park town commission.
Add to Sec. 45-2, Definitions, as follows:
ANTIQUES: objects of an earlier period such as furniture, jewelry, stamps, coins, miniaturized
replicas, works of art, or other decorative articles that are collected primarily because of their
age, history, or expectation of increasing value.
Modify Sec. 45-I6 as follows:
Sec. 45-16 Division of village into districts; districts enumerated.
In order to classify, regulate and restrict the uses of land and buildings, the height and
bulk of buildings, the amount of open spaces about buildings, intensity of land use, the
Village of North Palm Beach, Florida is divided into eleven districts, as follows:
[insert.] C-3 Regional Business District
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