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Ordinance 020 Defines Zoning & Establishes Board of Adjustment (2)Page - ,!~ ORDINANCE #20 LII A COMPREHENSIVE ORDINANCE REGULATING THE USES OF LAND, WATER, BUILDINGS AND STRUCTURES WITAIN THE VILLAGE OF NORTH PALM BEACH, FLORIDA, FOR TRADE, INDUSTRY, RESIDENCE OR OTHER PURPOSES: REGULATING THE LOCATION, HEIGHT, SIZE OF BUILDINGS AND STRUCTURES, TfiE SIZE OF YARDS AND .OTHER OPEN SPACES, THE DENSITY AND DISTRIBUTIOTd OF POPULATION AND FOR SAID PURP0.SES, CREATING SIX (6) DISTRICTS AND ESTABLISHING THE BOUNDARIES THEREOF AND ADOPTING A MAP OF SAID DISTRICTS: DEFINING CERTAIN TERMS USED: ESTABLISHING A BOARD OF ADJUSTI~NT AND PROVIDING FOR THE ENFORCEDiEIdT AND AMENDMENT THEREOF AND PRESCRIBING PENAL- TIES FOR THE VIOLATION OF ITS PROVISIONS. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA: Section 1. In order to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote the health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate adequate pro- visions for transportation, water, sewerage, schools, parks and other public requirements; to conserve the value of buildings and encourage the most appro- priate use of land throughout the corporate area of the Village of North Palm Beach, all in accordance with a comprehensive plan, there is hereby established and adopted an official zoning map for the Village of North Palm Beach, Florida with regulations appurtenant thereto, all in accord with the authority granted said Village by Chapter 176, Revised Statutes of Florida. Section 2. DEFINITIONS. This ordinance shall be known as the ~J "Official Zoning Ordinance" and for the purpose of this ordinance certain words and terms are defined as follows: All words used in the present tense include the tuture; all words in the singular number include the plural and the plural the singular; the word "building" includes the word "structure"; the word "shall" is mandatory and the word "person" includes a firm, corporation or municipal corporation, as well as a natural person. The word "map" shall mean the "Official Zoning Map of the Village of-North Palm Beach". The term "Conncil" shall mean the Council of the Village of North Palm Beach and the word "Village" shall mean the Village of North Palm Beach, a municipal corporation of the State of Florida. The word "used" shall be deemed to include the words "arranged", "designed", or "intended Page. `J to be used", and the word "occupied" shall be deemed to include the words "ar- ranged", "designed" or "intended to be occupied". ' A dwelling is any building or structure designated ex= elusively for residential occupancy. It shall be deemed and construed to include both the main portion of such structure and all projections therefrom, including any garage incorporated in or forming a part thereof, but shall not include the eaves of such structures, nor any open terraces, nor any uncovered porch, stoop, or steps, or balustrades, the sides of which do not extend more than three (3) feet above the level of the ground floor of said building. A dwelling may be designed for one family, two family • or multiple family occupancy but not including hotels, clubs, motels, boarding or lodging houses or house trailers whether such trailers be mobile or located in stationary tasltion as when on blocks or other foundation. A lot is a parcel of land occupied or to be occupied by one main building and its accessory buildings with such open and parking spaces as are required by the provisions of this ordinance, and having its principal frontage upon a street. A lot of record is a part of the land subdivision, the map of which has been recorded in the office of the Clerk of the Court of Palm Beach County, Florida. A street is any public or private thoroughfare which affords the principal means of access to abutting property. It may be desig- nated on the, map as a street, avenue, boulevard, drive, place, court, road, terrace, way, circle, lane, walk, path or otherwise. An accessory use is a use customarily incident and accessory• to the principal use of land or building located on the same lot. A yard is the open space on the same lot with the main • building, unoccupied and unobstructed from the ground upgard. A front yard is that area between the front wall or line of the building and the front line of the lot and extending from one side yard to the other. Aside yard is that area between the side wall of the building and the side line of the lot and a ' rear yard is that area extending from one side yard to the other lying between the rear line of the building and the rear lot line. A motel is a group of two or more attached, detached or semi-detached buildings containing guest rooms or apartments with automobile ' storage or parking space provided in connection therewith, designed and used primarily by automobile transients. Page_~ Section 3. DISTRICTS, In order to classify, regulate and restrict the uses of land and buildings, the height and bulk of buildings, the ' amount of open spaces about buildings and the intensity of land use, the Vil- lage of North Palm Beach, Florida, is divided into six (6) districts, as follows: R-1 - Single Family Dwelling District ' R-2 - Multiple Family Dwelling District C-1 A- Limited Commerical District C-1 - Neighborhood Commercial District C-2 - General Commercial District • P - Public District _- __ The aforesaid districts and boundaries thereof are shown upon the zoning map accompanying this ordinance and made a part thereof. Said map and all the notations, references and other information shown thereon shall be as much a part of this ordinance as if the information set forth on the map were all fully described and set out herein. In tY~e creation, by this ordinance, of the respective districts, the Village Council has given due and careful consideration to the - peculiar suitability of each district for the particular uses and. regulations ' applied thereto and to the densities of population, all in accord with the comprehensive development plan of the Village. Where uncertainty exists as to the boundaries of any '- district shown upon the zoning map, the following rules shall apply: 1. Where district boundaries are indicated as follow- ing street, alley or lot lines, said lines shall be construed to be such boundaries. 2. Where any public street or alley is hereafter officially vacated or abandoned, the regulations applicable to each parcel of • ' abutting land shall apply to the portion of such street or alley added thereto by virtue of said vacation or abandonment. 3. In case any further uncertainty exists, the Village ' Council shall interpret the intent of the map as to the location of such bound- aries, Section 4. RESTRICTIONS UPON LANDS AND BUILDINGS. Except as hereinafter provided: ' A, No building shall be erected, reconstructed or structurally altered, nor shall any building or land be used which does not Page~~ n l 0 comply with the regulations for the district in which such building or land is located. B. No building shall be erected, reconstructed or structurally altered to exceed the height or bulk limits herein established for the district in which such building is located. C, The minimum open spaces around a main building as provided for in this ordinance shall not be encroached upon or be con- sidered as open spaces for any other building. D, There shall not be more than one main building and its customary accessory building on a lot as defined by this ordinance. E. The uses of buildings and land publicly owned and used in the performance of a public function may be permitted in any district provided such use is approved by the Village Council. F. That portion of the Village of North Palm Beach, land and water, lying between the west bulkhead line of Lake Worth as estab- lished by Ordinance No, 16, and'the mean high water line of the ocean, is classified by this ordinance as R-1 Single Family Dwelling District, until such time as a comprehensive plan of development for said area has been pre- pared and the ordinance is amended accordingly. Section S. R-1 SINGLE FAMILY DWELLING DISTRICT A, ikSES PERMITTED Within any R-1 Single Family Dwelling District, no building, structure, land or water shall be used except ,for one or more of the following uses: 1. Single family dwellings with accessory buildings customarily incident thereto. 2, Schools. 3, Parks and recreation facilities owned or leased by or operated under the supervision of the Village of North Palm Beach. $. BUILDING HEIGHT REGULATIONS No main building shall exceed two (2) stories in height and no'accessory building more than one (1) story, C, BUILDING SITE AREA REGULATIONS The minimum lot or building site area for each single family dwelling shall be seven thousand five hundred (7,500) square Feet and have a width of not less than seventy-five (75) feet, measured at the building line. D. YARD SPACE REGULATIONS 1. Front Yard There shall be a front yard of not less than twenty-five (25) feet measured from the street line to the front wall of the main building. Page. ~~ • 2. Rear Yard. There shall be a rear yard of not less than twenty (20) feet measured from the rear wall of the main building to the ' rear lot line. 3. Side Yards. There shall be a side yard on each side of the main building of not less than tent (10) feet. In the case of corner lots, no building and no addition to any building shall be erected or placed nearer ' than twenty (20) feet to the side street line of any such lot (a) For a distance of one block on streets intersecting U. S. 1, measured from the right-of-way line of said U. S. 1, side yards of at least twenty-five (25) • feet in depth shall be provided. E. OFF STREET PARKING REGULATIONS At least one park- ing space of at least two hundred (200) square feet shall be provided, con- sisting of a durable surfaced area, enclosed in the dwelling, in an accessory building or in an unenclosed area, exclusive of the driveway connecting the parking space with the street. Section 6. R-2 MULTIPLE FAMILY DWELLING DISTRICT A. USES PERMITTED Within any R-2 Multiple Family Dwelling District, no building, structure, land or water shall be used, except ' for one or more of the following uses: 1. Any use permitted in the R-1 Single Family Dwelling District. 2. Churches. 3. Aultiple family dwelling structures. 4. Nursery or private schools. B. BUILDING HEIGfi'T REGULATIONS No main building shall exceed two (2) stories in height and no accessory building more than one (1) _ • story unless otherwise permitted by the Council of .the Village of North Palm Beach. Q. BUILDING SITE AREA REGULATIONS 1. For single family dwellings the same as for the R-1 - ' Single Family Dwelling District. 2, For two family dwelling structures the minimum lot or building s ite area shall be eight thousand'(8,000) square feet and have a width of not less than seventy-five (75) feet. 3. For dwelling structures having in excess of two dwell- ' ing units not less than one thousand (1,000) square feet of lot area shall be added to the site for each dwelling unit in excess of two (2). No main bu ilding _ Page 6,~ C~ however shall occupy more than thirty-five (35) per cent of the site area. D. YARD SPACE REGULATIONS 1. Front Yard There shall be a front yard of not less than twenty-five (25) feet measured from the street line to the front wall of the main building. 2. Rear Yard There shall be'a rear yard of not less ' than twenty (20) feet measured from the rear wall of the main building to the rear lot line. 3. Side Yards There shall be a side yard on each side of the main building of not less than ten (10) feet. In the case of • corner lots, no building and. no addition to any building shall be erected or - placed nearer than twenty (20) feet to the side street line of any such lot, (a) For a distance of one block on streets intersec- -. ing U. S. 1, measured from the right-of-way line of said U. S. 1, side yards of at least twenty- - five (25) feet in depth shall be provided. E. OFF STREET PARKING REGULATIONS 1. For single family dwellings, the same as for the ' R-1 Single Family Dwelling District. 2. For multiple family dwellings, there shall be provided one (1) off street parking space of at least two hundred (200) square feet for each dwelling unit in the structure. 3. For churches, there shall be provided one (1) off - street parking space of at least two hundred (200) square feet for each four (4) people accommodated within the church auditorium. -- 4. For schools, there shall be one (1) off street park- - ing space of at least two hundred (200) square feet for every one thousand • (1,000) square feet of floor area. Section 7. C-1 A LIMLTED CONII~IERCIAL DISTRICT A. USES PERMUTED Within any C-1 A Limited Commercial District, no building, structure, land or water shall be used, except for one or more of the following uses: 1. Any use permitted in the R-2 Multiple Family Dwelling District. 2. Hotels and motels, 3, Restaurants including cocktail lounges. - - 4. Golf club and its accessory uses such as restaurant, bar, driving range and equipment store. • Page C~ 5. Filling stations after the location and site plans thereof have been examined and approved by the Village Council. B. BUILDING HEIGHT REGULATIONS No main building shall exceed two (2) stories or thirty (30} feet in height at the required front, rear and side yard lines unless permitted by the Village Council after review and ap- proval of the site and building plans. For structures in excess of two (2) stories in height, five (5) feet shall be added to the required front, rear and side yards for each story added to the building in excess of two (2). No main building however shall occupy more than thirty-five (35) per cent of the site area so required. C. BUILDING SITE AREA REGULATIONS 1. For single and multiple family dwelling structures of two stories or less, the same as required in the R-1 and R-2 Districts. 2. For hotels, apartment hotels and apartment buildings of more than two (2) stories in height the site area required and land coverage shall be controlled by the yard and bulk provisions defined in paragraph B immediately preceding. D. YARD SPACE REGULATIONS - 1. Front Yard {a) For main structures of two (2) stories or less there shall be a front yard of not less than fifty (50) feet measured from the street line to the front wall of the Hain building. (b) For structures in excess of two (2) stories in height the front yard depth required shall be controlled by the provisions defined in paragraph B of this section. 2. Rear Yard (a) For main structures of two (2) or less, same as n for the R-1 and R-2 Districts. (b) For structures in excess of two (2) stories in height the rear yard depth required shall be controlle3 by the provisions de- fined in paragraph B of this section. 3. Side Yards (a) F,or structures of two (2) stories or less, same as for the R-1 and R-2 Districts. (b) For structures in excess of two (2) stories in height the side yard requirements shall be controlled by the provisions defined in paragraph B of this section. (c) For a distance of one block on streets intersecting U. S. 1, measured from the right-of-way line of said U. S. 1, side yards of at Page • C_., C. least twenty-five (25) feet in depth shall be provided. E. OFF STREET PALING REGULATIONS 1. For single and multiple family structures, the same as for the R-1 and R-3 Districts respectively. Dwelling District. 2. C:hunches, the same as for the R-2 Iultiple Family 3, For hotels, one space for each three (3) bedrooms plus one additional space for each five (5) employees. 4. Hotel apartments, one s}~~ce for each dwelling unit. 5, 24otels, one space for each guest bedroom plus one space for the resident manager or owner. 6. F2estaurants, one space for each seventy-five (75) square feet of floor area devoted to patron use, plus one space for each four (a) employees. Section 8. C-1 NEIGHBORHOOD COMf~RCIAL DISTRICT A. USES PERNIITTED Within any C-1 fdeighborhood Commercial District, no building, structure, land or water shall be used, except for one or more of the following uses: District. 1. Any use permitted in the C-1 A Limited Commercial 2. Any retail business or commercial use which does not involve the manufacturing or processing of products. 3. Personal service establishments including but not restricted to banks, barber shops, bowling alleys, beauty parlors, medical and dental clinics, professional and other offices, funeral homes, filling stations, shoe repair, laundry pick up stations, locksmith, hatch repair, self- service laundries. 4. 7.'heatres but not drive-in theatres. B. BUILDING HEIGHT REGULATIONS Same as for the C-1 A Limited Commercial D~.strict, C, FUILDING AREA REGULATIONS For single family and multiple family dwelling structures, the same as for the R-1 and R-2 Districts respectively. D, S.'ARD SPACE REGULATIONS There shall be a front yard of not less than fifty (50) feet measured from the street line to the front wall of the main building except along both sides of U. S. 1 no set back of less than one hundred (100) feet in depth measured from the-wall of the main building shall be provided. r Page /„ ,y For as distance of one block on streets intersecting U. S. 1, measured from the right-of-way line of said U. S. 1, side yards of at ' least twenty-five (25) feet in depth shall be provided. E. OFF STREET PARKING REGULATIONS 1. `Same as for the C-1 A Limited Commercial District for dwellings, churches, hoi;els, motels and restaurants. 2. For general business, commercial or personal - - service establishments, one space for each one hundred (100) square feet of non-storage first floor area, plus one space for each two hundred (200) square _ feet of non-storage area above the first floor. • 3. Medical or dental offices or clinics, three spaces for each doctor or dentist. 4. Offices, one space for each three hundred (300) square feet of floor area used for office purposes, 5. :'schools and public buildings, one space for each four (4) seats in the main auditorium or place of assembly. 6. Theatres, auditoriums, one space for each four - seats. ' Section 9. C-2 GENERAL COMMERCIAL DISTRICT _ A. t15ES PERMITTED Within any C-2 General Commercial District, no building, structure, land or water shall be used, except for one or more of the following uses: 1. Finy use permitted in the C-1 Neighborhood Commercial District. 2. Automobile laundry. 3. Bakery. 4. Cold storage and frozen food lockers. 5. Contractor's storage and equipment yards. • 6. Dry cleaning, dyeing and laundry establishments, 7. P4echanical garage. 8. Plumbing sales room, shop and storage yards. ' 9. Printing and publishing establishments. 10. Euilding materials storage and sales. 11. GTholesale distribution warehouse. 12, Boat building, repair and storage. 13, Establishments similar in character to those enumer- ' ated above, subject, howev er-, to the express approval of the Village Council. B. E3UILDING FIGHT AND AREA REGULATIONS Same as for C-1 Neighborhood Commercial Di strict. Page • J C. OFF STREET PARKING REGULATIONS Same as for C-1 Neighborhood Commercial District. Section 10, P - PUBLIC DISTRICT Within any P - Public District, uses shall be restricted to those necessary or essential to the administration and operation of the Village, including but not limited to city hall, recreation facilities, water works, pumping stations and sewerage facilities. Section 11. GENERAL PROVISIONS The foregoing regulations shall be subject to the following provisions and exceptions: L Chimneys, water tanks, radio or television towers, church spires, elevator lofts, flag poles and parapet walls may be erected above the height limits herein established. 2. No building and no addition to any building and no structure or object shall be erected, placed or maintained on any lot nearer than ten (10) feet to the side and twenty (20) feet to the rear of any lot. In the case of corner lots, no building and no addition to any building shall be erected, placed or maintained on any such lot nearer than twenty (20) feet to the side street of any such lot. 3. Swimming pools shall be set back at least seven and one-half (7a) feet from the back property line measured from the rim of the pool and not lesa than five (5) feet from the side property line includ- ing the two and one-half (2~) feet walk around the pool. The highest pro- jection of the swimming pool shall not exceed three (3) feet. Outdoor fire- places not to exceed six (6) feet in height may be erected and maintained within five (5) feet of the rear lot line. 4. Detached garages not more than one story in height may be erected and maintained *aithin seven and one-half (7~) feet of the rear line of any such lot. 5. Walls and fences shall not exceed four (4) feet in height, however, hedges shall not be so restricted. 6, In the event one lot, or portion thereof, and the whole or a portion of a contiguous lot, all in one ownership, shall be used as one building site for one residence building, and its appurtenant outbuildings permitted by this ordinance then while so owned and used the side lines and rear line of such site shall be deemed to be the side and rear lot lines of such sites. 7. No business, professional or otherwise, and no home occupations shall be carried on in any dwelling structure unless approved Page~~ • r specifically by the Village Council, after review of facts and public hearing thereon. Section 12. BOARD OF ADJUSTMENT A Board of Adjustment is hereby established. The word 'Board" when used in this ordinance shall be construed to mean the Board of Adjustment. The Boafd shall consist of five (S) members appointed by the Council. 'The organization and procedure of tine Board, its meeting, method of handling appeals and other related matters, shall be in conformity with the provisions of Florida Statutes of 1941, Section 176. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this ordinance, appeals to the Board may be taken by any person aggrieved. The Board shall have the following duties and powers: 1. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the administrative official in the enforcement of this ordinance. 2. To authorize upon appeal in specific cases such variances from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provision of the ordinance will result in unnecessary hardship; and so that the spirit of the ordinance shall be observed and substantial justice done. In exercising the above mentioned powers, the Board by the concurring vote of four members may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination ap- pealed from and may make such order, requirement, decision or determination as ought to be made. In considering all proposed variations to this ordi- Hance, the Board shall, before making any finding in a specific case, first determine that the proposed variation will not constitute any change in the districts shown on the zoning map and will not impair an adequate supply of light and air to adjacent property, or materially increase the congestion in public streets, or increase the public danger of fire and safety, or materially diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, morals and general welfare of the Village of North Palm Beach. Section 13. INTERPRETATION, PURPOSE AND CONFLICT In inter- preting and applying the provisions of this ordinance, they shall be held to Page ~ 9 • be the minimum requirements for the promotion of the public health, safety, morals and general welfare of the community. It is not intended by this ordinance to interfere with or akrtsxate or annul any easements, covenants or other agreements between parties; provided, however, that where this ordinance imposes a greater restriction upon the use of buildings or prem- ises, or upon the height of buildings, or requires larger open spaces than ' are imposed or required by other ordinances, rules, regulations or by ease- ments, covenants, or agreements, the provisions of this ordinance shall control. SECTION 14. CHANGES AND AMENDMENTS. The Village Council • may from time to time, on its own motion or on petition, amend, supplement, change, modify or repeal by ordinance the boundaries or districts or regula- tions or restrictions herein established, after public hearing. SECTION 15. VALIDITY Should any section, clause. or pro- vision of this ordinance be declared by the court to be invalid, the same shall not affect the validity of the ordinance as a whole or any part thereof, other than the part so declared to be invalid. ' SECTION lo. ENFORCEMENT VIOLATIONS AND PENALTIES Any person, firm or corporation who shall violate any of the provisions of this ordinance or fail to comply therewith or with any of the requirements thereof, or who shall build or alter any building in violation of any detailed statement or plan submitted and approved thereunder, upon conviction thereof shall be fined a sum not to exceed five hundred dollars ($500.00), or be imprisoned in the Village prison or at hard labor on the streets, or other works of said Village for a period not to exceed ninety (90) days, or by both such fine and imprison- ment, and each day such violation shall be permitted to exist shall constitute • a separate offense. The owner or owners of any buildings or premises or part thereof, where anything in violation of this ordinance shall be placed, or shall exist, and any architect, builder, contractor, agent, person or corpora- tion employed in connection therewith and who map have assisted in the commission ' of any such violation shall each be guilty of a separate offense and upon con- viction thereof shall be fined as herein provided. Section 17. EFFECTIVE DATE This ordinance shall become effec- tive immediately upon its passage and approval according to law. PASSED AND ADOPTED on first reading this 29th day of July, 1957. August, 1957. • (SEAL) ATTEST: PASSED AND ADOPTED on second and final reading this 14th day of S/ Herbert A. Ross Mayor pro temp. S/ Albin R, Olson Village Clerk pro temp. Page ~ 9 • be the minimum requirements for the promotion of the public health, safety, morals and general welfare of the community. It is not intended by this ordinance to interfere with or akrtsxate or annul any easements, covenants or other agreements between parties; provided, however, that where this ordinance imposes a greater restriction upon the use of buildings or prem- ises, or upon the height of buildings, or requires larger open spaces than ' are imposed or required by other ordinances, rules, regulations or by ease- ments, covenants, or agreements, the provisions of this ordinance shall control. SECTION 14. CHANGES AND AMENDMENTS. The Village Council • may from time to time, on its own motion or on petition, amend, supplement, change, modify or repeal by ordinance the boundaries or districts or regula- tions or restrictions herein established, after public hearing. SECTION 15. VALIDITY Should any section, clause. or pro- vision of this ordinance be declared by the court to be invalid, the same shall not affect the validity of the ordinance as a whole or any part thereof, other than the part so declared to be invalid. ' SECTION lo. ENFORCEMENT VIOLATIONS AND PENALTIES Any person, firm or corporation who shall violate any of the provisions of this ordinance or fail to comply therewith or with any of the requirements thereof, or who shall build or alter any building in violation of any detailed statement or plan submitted and approved thereunder, upon conviction thereof shall be fined a sum not to exceed five hundred dollars ($500.00), or be imprisoned in the Village prison or at hard labor on the streets, or other works of said Village for a period not to exceed ninety (90) days, or by both such fine and imprison- ment, and each day such violation shall be permitted to exist shall constitute • a separate offense. The owner or owners of any buildings or premises or part thereof, where anything in violation of this ordinance shall be placed, or shall exist, and any architect, builder, contractor, agent, person or corpora- tion employed in connection therewith and who map have assisted in the commission ' of any such violation shall each be guilty of a separate offense and upon con- viction thereof shall be fined as herein provided. Section 17. EFFECTIVE DATE This ordinance shall become effec- tive immediately upon its passage and approval according to law. PASSED AND ADOPTED on first reading this 29th day of July, 1957. August, 1957. • (SEAL) ATTEST: PASSED AND ADOPTED on second and final reading this 14th day of S/ Herbert A. Ross Mayor pro temp. S/ Albin R, Olson Village Clerk pro temp. Zoning Map Ordinance 20 August 14, 1957