2014-05 Zoning Code Amendment - Restaurants with Drive-Throughs in C-1 DistrictORDINANCE NO. 2014-05
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA AMENDING APPENDIX C (CHAPTER 45),
"ZONING," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING
SECTION 45 -33, "C -1 NEIGHBORHOOD COMMERCIAL DISTRICT," OF
ARTICLE III, "DISTRICT REGULATIONS," TO ALLOW RESTAURANTS
WITH DRIVE - THROUGHS WITHIN THE C -1 ZONING DISTRICT;
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village Zoning Code currently prohibits restaurants with drive - throughs
within the C -1 Neighborhood Commercial Zoning District; and
WHEREAS, the C -1 Zoning District consists of virtually all of the commercial properties
located along Northlake Boulevard and those on the east of U.S. Highway One south of
Northlake Boulevard; and
WHEREAS, a number of restaurants with drive - throughs already exist both within the C -1
Zoning District on properties that were annexed into the Village and in areas immediately
adjacent to the C -1 Zoning District; and
WHEREAS, as part of its continuing effort to attract new commercial development,
Village Administration is recommending an amendment to the Village's Zoning Code to allow
restaurants with drive - throughs within the C -1 Zoning District; and
WHEREAS, having conducted the required duly advertised public hearings and
considered the recommendation of 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 the Village and its residents.
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 -33
to read as follows (deleted language stfiEken t4ettgh):
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Sec. 45 -33. C -1 neighborhood commercial district.
General description. This neighborhood commercial district is established
to provide that the principal use of land is devoted to neighborhood and transient
uses and to encourage the development of these locations for such uses and in
such manner as to minimize congestion and interference with other land uses.
A. Uses permitted. Within any C -1 neighborhood commercial district,
no building, structure, land or water shall be used, except for one (1) or more of
the following uses:
Any use permitted in the C -lA limited commercial district.
2. Any retail business or commercial use including neighborhood
commercial use that meets the daily living needs of village
residents and which does not involve the manufacturing or
processing of products; provided, however, automobile repair
shops are not a permitted use except as an accessory use to an
automotive service station or retail automobile tire store.
3. Transient commercial uses serving either the motoring public or
village residents including hotels and motels, conference and
retreat facilities, filling stations and restaurants, °.,elud ng these
se
with a drive thfough.
4. Personal service establishments, including, but not limited to,
banks, barbershops, bowling alleys, beauty salons, medical and
dental clinics, professional and other offices, funeral homes, shoe
repair shops, laundry pickup stations and self - service laundries,
furniture display stores and drugstores.
5. Mobile home park.
6. Adult entertainment establishments.
7. Religious worship or related religious activities.
8. Limited access self storage facilities are defined as a fully enclosed
structure for indoor storage with a minimal amount of access
points from the exterior of the building. These exterior access
points provide access to interior hallways that directly serve
individual storage units rented to the public. No direct access from
the exterior of the building to an individual storage unit is permitted.
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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 12th DAY OF JUNE, 2014.
PLACED ON SECOND, FINAL READING AND PASSED THIS 26TH DAY OF JUNE, 2014.
(Village Seal)
ATTEST:
�wn
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
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CA� � C c�'
MAYOR