2017-23 Zoning Code Amendment - Walls and Fences in Public DistrictORDINANCE NO. 2017-23
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 THE VILLAGE COUNCIL TO EXEMPT
PROPERTIES WITHIN THE PUBLIC ZONING DISTRICT FROM HEIGHT
RESTRICTIONS PERTAINING TO WALLS AND FENCES; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, to address the unique and varied nature of uses within the Public (P) zoning district,
including, but not limited to, parks and recreational uses and storage facilities, the Village
Council wishes to amend the Zoning Code to exempt properties within the Public (P) zoning
district from the height restrictions pertaining to walls and fences when determined to be in the
interests of the public health, safety or welfare; and
WHEREAS, the Village Planning Commission, acting as the Local Planning Agency, conducted
a public hearing on this Ordinance and provided its recommendation to the Village Council; and
WHEREAS, the Village Council determines that the adoption of this Ordinance is in the interests
of the health, safety and welfare 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 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
st-r-ieken through):
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.
D-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 greater.
D-3. The restrictions on the height of walls and fences set forth in this section
shall not apply to properties within the Public (P) zoning district where the
Village Council determines in the exercise of its discretion, that a greater
height is necessary to protect the public health, safety or welfare.
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 NOVEMBER, 2017.
PLACED ON SECOND, FINAL READING AND PASSED THIS 14' DAY OF DECEMBER, 2017.
(Village Seal)
ATTEST:
VILLAGE CLERI
APPROVED AS TO FORM AND
LEGAL S>:J FICI CY:
VILLAGE ATTORNEY
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10 MAYOR