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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. Page 1 of 2 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 Page 2 of 2