2015-13 Code Amendment - Special Exception Uses for Commercial DistrictsORDINANCE NO. 2015-13
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE II,
"GENERALLY," OF APPENDIX C (CHAPTER 45), "ZONING," OF THE
VILLAGE CODE ORDINANCES BY CREATING A NEW SECTION 45 -16.2,
"SPECIAL EXCEPTION USES," TO ADOPT PROCEDURES AND STANDARDS
FOR REVIEW OF APPLICATIONS FOR SPECIAL EXCEPTION APPROVAL;
AMENDING ARTICLE I, "IN GENERAL," OF CHAPTER 21, "PLANNING
AND DEVELOPMENT," OF THE VILLAGE CODE OF ORDINANCES BY
AMENDING SECTION 21 -3, "PUBLIC NOTICE REQUIREMENTS FOR
DEVELOPMENT APPLICATIONS AND APPROVALS," TO INCLUDE NOTICE
REQUIREMENTS FOR APPLICATIONS FOR SPECIAL EXCEPTION APPROVAL;
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village Council wishes to provide a procedure for the review of
applications special exception use approval within the Village's zoning districts; and
WHEREAS, the Village Council further wishes to amend the Village's public notice
procedures to include requirements for applicants seeking special exception use approval; and
WHEREAS, the Village Council determines that the adoption of this Ordinance is in the
best interests of the residents and citizens of the Village of North Palm Beach.
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 and incorporated herein.
Section 2. The Village Council hereby amends Article II, "Generally," of Appendix C
(Chapter 45), "Zoning," of the Village Code of Ordinances by adopting a new Section 45 -16.2 to
read as follows (additional language is underlined):
Sec. 45 -16.2. Special Exception Uses.
Lal General provisions.
Purpose. The purpose of this section is to provide for review of
uses that are e�y compatible with use characteristics of a
zoning district, but which require individual review of their location,
design, intensity, configuration and public facility impact in order
to determine the appropriateness of the use on any particular site in
the zoning district and their compatibility with adjacent uses.
Special exception uses may require the imposition of additional
conditions to make uses compatible within their specific contexts.
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Authority. The village council may, in accordance with the procedures,
standards and limitations of this section, grant special exception use
gpprovals for those uses enumerated as special exception uses in
an zoning district.
(3) Persons entitled to initiate applications. An application for special
exception approval may be submitted by the owner of the property
or any other person having a contractual interest in the lot or parcel
of land proposed for a special exception use.
(b) Standards for review of special exception use approvals. A special
exception use approval shall be granted only if the applicant demonstrates the following_
Consistency with the land development regulations and
comprehensive plan. The proposed special exception use shall
comply with all requirements and be consistent with the general
purpose, goals, objectives and standards of the village's land
development regulations and comprehensive plan.
(2) Effect on ad'at cent properties.
a. The proposed special exception use will not have an undue
adverse effect upon nearby property or generate excessive
traffic or noise.
b. The proposed special exception use is compatible with the
existing or planned character of the neighborhood or area in
which it would be located and is compatible with existing
and future development.
C. All reasonable steps have been taken to minimize any
adverse effect of the proposed special exception use on the
immediate vicinity through building design, site design,
landscaping and screening_
d. The proposed special exception use will be constructed,
arranged and operated so as not to interfere with the
development and use of neighboring properties, in accordance
with applicable zoning district regulations.
Public welfare. The proposed special exception use will protect
the village's tax base, will not create a financial burden on the village,
and will be in the interests of the public health, safety, comfort,
convenience and general welfare.
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Lcl Conditions on special exception approvals. The village council
shall attach such conditions, limitations and requirements to a special exception
use approval as are necessary to carry out the spirit and purposes of the village's
land development regulations and comprehensive development plan and to
prevent or minimize adverse effects upon other properties in the neighborhood or
area. These conditions may include, but are not limited to, limitations on size,
intensity of use, bulk and location, landscaping, lighting, provision of adequate
ingress and egress, and hours of operation. Such conditions shall be set forth
expressly in the written order, resolution or ordinance rgantin_g the special
exception approval. A violation of any condition shall be considered a violation
of this code and is subject to code enforcement proceedings in accordance with
chapter 2 of this code or any or method of enforcement authorized by
Special exception uses within planned unit developments. When the
proposed special exception use will be located within a planned unit development,
the special exception use review shall be conducted concurrently with the
planned unit development approval process and any conditions relating to o the
proposed special exception use shall be set forth in the ordinance approving the
planned unit development.
Le) Procedure.
The special exception use shall be subject to preliminary review b
the community development department. Once the community
development director certifies that the application is complete,
the director shall forward it to the planning commission for a
public hearing_
The planning commission shall review the application and forward
a recommendation of approval, approval with conditions or denial
to the village council.
Upon receipt of the recommendation of the planning commission,
the village council shall conduct a public hearing and determine
whether the proposed special exception use meets the requirements
of this section. The village council shall approve, approve with
conditions or den t�pplication at the close of the public hearing,
The approval of a special exception use, with or without conditions,
shall be in the form of a written order, resolution or ordinance.
Upon denial of an application for special exception use approval in
whole or in part, a period of one year must elapse prior to the filing
of a substantially similar application affecting the same property.
(f Public notice. Public notice of all hearings shall be provided as
required by section 21 -3 of the village
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Section 3. The Village Council hereby amends Article I, "In General," of Chapter 21,
"Planning and Development, of the Village Code of Ordinances by amending Section 21 -3 to
read as follows (additional language is underlined and deleted language is stfie en thfo ugh):
Sec. 21 -3. Public notice requirements for development applications and
approvals
(a) Requirements. In addition to those requirements imposed by state law,
public notice shall be provided as set forth below:
* Number of calendar days prior to date of public hearing.
* * The notice requirements for variances shall include all variances
relating to the zoning code (Chapter 45), the dock and waterway
regulations (Chapter 5), and the sign regulations (Chapter 6).
Section 4. The provisions of this Ordinance shall become and be made part of the Code of
Ordinances for the Village of North Palm Beach, Florida.
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Planning Commission/LPA/
Village Council
Zoning Board of Adjustment
Mail*
Newspaper*
Post*
Mail*
Newspaper
Post*
Rezoning
10
7
15
10
Statutory notice for
15
ordinance adoption
Large -scale
10
7
15
10
Statutory notice for
15
Comprehensive
ordinance adoption
Plan Amendment
Small -scale
10
7
15
10
Statutory notice for
15
Comprehensive
ordinance adoption
Plan Amendment
Variance* *
7
7
10
N/A
N/A
N/A
Planned Unit
10
7
15
10
Statutory notice for
15
Development
ordinance adoption
Special
10
7
15
10
Notice of
15
Exception Use
public hearing or
statutory notice for
ordinance adoption
(if within a PUD)
* Number of calendar days prior to date of public hearing.
* * The notice requirements for variances shall include all variances
relating to the zoning code (Chapter 45), the dock and waterway
regulations (Chapter 5), and the sign regulations (Chapter 6).
Section 4. The provisions of this Ordinance shall become and be made part of the Code of
Ordinances for the Village of North Palm Beach, Florida.
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Section 5. If any section, paragraph, sentence, clause, phrase or word of this Ordinances 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 the Ordinance.
Section 6. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict
herewith are hereby repealed to the extent of such conflict.
Section 7. This Ordinance shall become effective immediately upon adoption.
PLACED ON FIRST READING THIS 25TH DAY OF JUNE, 2015.
PLACED ON SECOND, FINAL READING AND PASSED THIS 23RD DAY OF JULY, 2015.
(Village Seal)
ATTEST:
�//
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
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