1997-21 Interim Zoning Ordinance•
ORDINANCE NO. 21-97
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, TO BE KNOWN AS THE "INTERIM ZONING ORDINANCE"
PROVIDING A MORATORIUM ON APPROVAL AND ISSUANCE OF DEVELOPMENT
ORDERS FOR PROPERTIES LOCATED WITHIN THE INCORPORATED AREAS OF THE
VILLAGE BOUNDED BY LAKE WORTH ON THE EAST, THE INTRACOASTAL
WATERWAY ON THE SOUTH AND WEST AND PGA BOULEVARD ON THE NORTH;
PROVIDING FOR AUTHORITY AND LEGISLATIVE INTENT; PROVIDING FOR A SIX
(6) MONTH TIME OF DURATION; PROVIDING FOR SEVERABILITY; PROVIDING
FOR THE ABATEMENT OF ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, it is the policy and law of the State of Florida that
• local governments shall .plan for future development, adopt and
amend comprehensive plans to guide future development, and adopt
and enforce land development regulations to implement comprehensive
plans;
WHEREAS, it is the policy and law of the State of Florida that
the planning programs of local governments shall be an ongoing and
continuous process which is intended to encourage the most
appropriate use of land, water and resources consistent with the
public interest;
WHEREAS, Objective 2 of the Intergovernmental Coordination
Element of the Comprehensive Plan of the Village directs the
Village to work toward eliminating unincorporated area enclaves in
Planning Area 2 and to develop a coordinated annexation policy with
local governments in the area; and
WHEREAS, the classification and function of Ellison Wilson
Road is not addressed in the Comprehensive Plan of the Village and
Objective 5 of the Transportation Element supports efforts to
jointly address this issue; and
WHEREAS, annexation and expansion of the Benjamin School has
changed the character of area somewhat. Special buffering,
landscape and setback requirements, per Policy 1.5 of the Future
Land Use Element of the Comprehensive Plan may need to be
addressed, as well as other planning techniques related to land use
compatibility; and
WHEREAS, the Village has contracted with Land Research
Management, Inc., a zoning and urban planning firm, which will be
conducting a comprehensive planning area study of planned land
uses, including type, intensity and associated green spaces
inclusive of setbacks; landscaping and buffering of properties
located in the incorporated areas of the Village and unincorporated
areas of the Village bounded by Lake Worth on the east, the
Intracoastal Waterway on the south and west and PGA Boulevard on
the north, to determine the appropriate character, site development
standards and land uses for the areas within the Village; and
WHEREAS, the enactment of an interim zoning ordinance will
allow the Village of North Palm Beach a reasonable time to complete
a critical comprehensive planning study and to adopt appropriate
land development regulations and amendments thereto as required for
the designated area, which area is more particularly described in
2
• Exhibit "A" attached.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA:
Section 1. Authority and Legislative Intent
A. Authority for the enactment of this ordinance is
vested in the Florida Constitution and general laws
of this state, specifically Chapter 166, Florida
Statutes, which delegates broad home-rule powers to
municipalities and Chapter 163 Florida Statutes Part II,
which authorizes local governments to plan for their
future development, adopt and amend comprehensive plans
to guide future development, and adopt, amend and enforce
land development regulations to implement comprehensive
plans. The adoption of an interim zoning ordinance
for the Village of North Palm Beach would allow the
Village time to complete its future planning study for
the designated area within the Village.
B. It is the legislative intent of the Village to
. prohibit, temporarily, the applications for consideration
of, and the approval of development orders for properties
within the areas designated by this ordinance to enable
the Village of North Palm Beach to adopt and amend its
land development regulations, as necessary, to
effectuate the planning for the designated area within
the Village. This ordinance shall not apply to
certificates of occupancy, building permits or
applications for time extensions, or modifications to
previously approved PUDs or site plans. This ordinance
shall apply to any applications which are pending as
of the effective date of this ordinance for PUDs or
rezonings.
C. The adoption of this interim zoning ordinance is
undertaken by the Village of North Palm Beach in good
faith; it is in no way intended to discriminate against
landowners within the areas designated within this
ordinance and is to be of limited duration to accomplish
appropriate planning for the designated area within
a reasonable time, and is undertaken to further the
spirit and intent of Chapter 163, Part II, Florida
Statutes, and the Village's comprehensive plan.
D. This ordinance shall not prevent those property
owners who have an application for a development order
•
pending as of the effective date of this ordinance from
continuing to process their applications during the
interim zoning time period specified for the municipal
area being studied. Any property owner who elects to
proceed with review of its pending application may
only receive a development order from the Village during
this interim zoning period after the customary review
of its application by the Village staff and an expedited
review by the consultants who are conducting the study
of the area designated by this ordinance. The Village
Council may enter into a development agreement for
any pending applications being reviewed prior to the
expiration of the interim zoning period provided the
property owner and Village agree.
Section 2. Applicability
This ordinance shall apply only to those properties located within
the incorporated areas of the Village bounded by Lake Worth on the
east, the Intracoastal waterway on the south and west and PGA
. Boulevard on the north, which geographical area is more
particularly described in Exhibit "A" attached to this ordinance.
Section 3. Time of Duration
The Village Council hereby directs its staff to carry out and
complete the necessary planning study for the areas designated
under this ordinance within six (6) months from its effective date.
Section 4. Severability
If any section, paragraph, sentence, clause, phrase or word of this
ordinance is for any reason held by a Court to be unconstitutional,
inoperative or void, such holding shall not affect the remainder of
this ordinance.
Section 5. Abatement of Ordinances in Conflict
• All Ordinances or parts of Ordinances in conflict herewith are
4
• hereby abated for the duration of this ordinance.
Section 6. This Ordinance shall take effect immediately
upon passage.
PLACED ON FIRST READING THIS 27th DAY OF MARCH , 1997.
PLACED ON PUBLIC HEARING THIS loth DAY OF APRIL 1997.
PLACED ON SECOND, FINAL READING AND PASSED THIS 10th DAY OF
apRn 1997.
(VILLAGE SEP.L) ~_ ~~i, `~;~~e
MAYOR
1,
5