2014-01 Code Amendment - Separation Requirements Between Residential & Commercial PropertiesORDINANCE NO. 2014-01
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA AMENDING ARTICLE III, "DISTRICT
REGULATIONS," OF APPENDIX C (CHAPTER 45) OF THE VILLAGE
CODE OF ORDINANCES BY AMENDING SECTION 45 -36, "GENERAL
PROVISIONS," TO ALLOW WALLS AND FENCES WITHIN THE FRONT
YARD SETBACK WHERE RESIDENTIAL PROPERTIES ABUT
COMMERCIAL OR INDUSTRIAL PROPERTIES; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, to address compatibility issues in formerly annexed areas of the Village, the
Village Council wishes to amend the Village Zoning Code to allow walls and fences within the
front yard setback where residential properties abut commercial or industrial properties; and
WHEREAS, having considered the recommendations of the Planning Commission sitting
as the Local Planning Agency, the Village Council determines that the adoption of this
Ordinance is in the best interests of the public health, safety and welfare of Village residents and
property owners.
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 III, "District Regulations," of
Appendix C (Chapter 45), "Zoning," of the Village Code of Ordinances by amending Section 45 -36,
"General Provisions," to read as follows (additional language underlined and deleted language
J 1.11
See. 45 -36. General provisions.
The provisions of this article shall be subject to the following provisions
and exceptions:
D. Walls and fences built within the area between the property line and the
building setback line shall not exceed six (6) feet in height; provided,
however, that no walls or fences may be erected between the front yard
setback and the street line except as provided in subsection D -2 below, nor
may walls or fences exceed four (4) feet in height for a distance of forty (40)
feet from any body of water located within the village. On corner lots, walls
or fences shall not exceed four (4) feet in height within the area between
the side line of the lot which fronts on a street, and the front building
setback line extended of the adjacent side street lot. On all building
permits for walls or fences greater than four (4) feet in height that are to be
located outside building setback lines, there shall be a prominent notice
that a village building permit in no way offsets the deed covenants, and
that the applicant should also check the deed covenants to protect himself.
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D -1. On vacant lots adjacent to any waterbody, a non - opaque galvanized metal,
wrought -iron or chain link fence no greater than four (4) feet in height
may be constructed within five (5) feet of the seawall or bulkhead line to
restrict access to the waterbody from the vacant lot. Chain link fences
may also be vinyl coated.
DD =2 Where a parcel within a residential zoning district abuts a parcel within a
commercial or industrial zoning district, a wall or fence not exceeding six
(6) feet in height may be erected along the side property line between the
front yard setback and the street line provided that such wall or fence is set
back at least three (3) feet from the front property line or as otherwise
required to comply with the sight triangle and clear zone requirements of
the Florida Department of Transportation's Manual of Uniform Minimum
Standards for Design, Construction, and Maintenance of Streets and
Highways, whichever is rem
Section 3. The provisions of this Ordinance shall become and be made a part of the Code of
the Village of North Palm Beach, Florida.
Section 4. 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 5. 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 6. This Ordinance shall take effect immediately upon adoption.
PLACED ON FIRST READING THIS 9th DAY OF JANUARY, 2014.
PLACED ON SECOND, FINAL READING AND PASSED THIS 23rd DAY OF JANUARY, 2014.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
J VILLAGE ATTORNEY
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