2009-04 Code Amendment - Open-Air Pavilions as an Accessory Use1 ORDINANCE N0.2009-04
• 2
3 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
4 NORTH PALM BEACH, FLORIDA AMENDING APPENDIX C (CHAPTER 45)
5 OF THE VILLAGE CODE OF ORDINANCES, "ZONING," TO ALLOW FOR
6 OPEN-AIR PAVILIONS AS AN ACCESSORY USE WITHIN THE R-1
7 SINGLE-FAMILY ZONING DISTRICT SUBJECT TO SPECIFIED
8 CONDITIONS; AMENDING ARTICLE I, "IN GENERAL," OF APPENDIX C
9 BY AMENDING SECTION 45-2, "DEFINITIONS;" AMENDING ARTICLE II,
10 "GENERALLY," BY AMENDING SECTION 45-19, "BUILDINGS AND USES
11 TO CONFORM TO DISTRICT REGULATIONS;" AMENDING ARTICLE III,
12 "DISTRICT REGULATIONS," BY AMENDING SECTION 45-27, "R-1
13 SINGLE-FAMILY DWELLING DISTRICT;" PROVIDING FOR
14 CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
15 CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
16
17 WHEREAS, having reviewed the recommendation of the Village Planning Commission,
18 the Village Council wishes to amend the Village Zoning Code to provide for chickee huts and
19 other types of open-air pavilions as an accessory use within the Village's R-1 single-family
20 residential zoning district, subject to the conditions and restrictions set forth herein; and
21
22 WHEREAS, the Village Council of the Village of North Palm Beach fords that the
23 adoption of this Ordinance is in the interests of the public health, safety and welfare of the
24 Village and its residents.
25
26 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
27 OF NORTH PALM BEACH, FLORIDA as follows:
28
29 Section 1. The foregoing `whereas" clauses are hereby ratified as true and are incorporated herein.
30
31 Section 2. The Village Council hereby amends Article I, "In General," of Appendix C,
32 "Zoning," of the Village Code of Ordinances, by amending Section 45-2 to read as follows
33 (additional language is underlined and deleted language is s~ielo~gl~):
34
35 Sec. 45-2. Definitions.
36
3 7 For the purposes of this ordinance, certain words and temps are defined as follows:
38
39 ***
40
41 Accessory building shall include a building customarily incident and
42 accessory to the principal use of land or building located on the same lot. In the
43 R-1 residential dwelling district, accessory buildings shall be limited to an onen-
44 air pavilion and an automobile gazage. In the mid R-2 dwelling district~1 an
•45 accessory building shall be limited to an automobile garage.
47 ***
Page 1 of 7
1
2 Open-air pavilion means a detached ancillary structure, oven on all sides,
3 with a partial to full roof covering of some type used for recreation, entertainment,
4 contemRlation or meditation purposes. This definition shall include all types of
5 chickee or tiki huts, pergolas, gazebos, and other pavilion-type structures.
6
7 ***
8
9 Traditional chickee but means a type of chickee but that consists solely of
10 an open-sided wooden but with a thatched roof of palm or palmetto or other
11 traditional materials constructed by the Miccosukee Tribe of Indians of Florida or
12 the Seminole Tribe of Florida and that does not incorporate any electrical,
13 plumbing or other non-wood features.
14
15
lb Section 3. The Village Council hereby amends Article II, "Generally," of Appendix C,
17 "Zoning," of the Village Code of Ordinances, by amending Section 45-19 to read as follows
18 (additional language is underlined and deleted language is s~ie-lc~e~gh):
19
20 Sec. 45-19. Buildings and uses to conform to district regulations.
21
22 Except as hereinafter provided:
23
24 * '~
25 D. There shall not be more than one (1) main building and its
26 customary accessory buildings on a lot as a°~„°a '~~• +~~°
27 e~e~ authorized by this chapter.
28 ***
29
30 Section 4. The Village Council hereby amends Article III, "District Regulations," of
31 Appendix C, "Zoning," of the Village Code of Ordinances, by amending Section 45-27 to read as
32 follows (additional language is underlined and deleted language is °*w°v°~ +''r^~~^''):
33
34 Sec. 45-27. R-1 single-family dwelling district.
35
36 A. Uses permitted. Within any R-1 single-family dwelling district no
37 building, structure, land or water shall be used except for one (1) or more of the
38 following uses:
39
40 1. Single-family dwellings with accessory buildings customarily
41 incident thereto, subject to each of the requirements set forth in this
42 section and throughout this chapter.
43
•44 2. Public schools.
45
46
Page 2 of 7
1
2 3. Parks and recreation facilities owned or leased by or operated
3 under the supervision of the Village of North Palm Beach.
4
5 4. Detached fence storage areas.
6
7 5. Satellite dish antenna.
8
9 6. Community residential homes. Community residential homes of
10 six (6) or fewer residents which otherwise meet the definition of a
11 community residential home, provided that such homes shall not
12 be located within a radius of one thousand (1,000) feet of another
13 existing such home with six (6) or fewer residents.
14
15 7. Family day care home.
16
17 8. Lamp post.
18
19 9. Decorative post structure.
20
21 B. Building height regulations. No main building shall exceed two
22 (2) stories in height and no accessory building more than one (1) story.
23
24 C. Building site area regulations. The minimum lot or building site
25 area for each single-family dwelling shall be seven thousand five hundred (7,500)
26 square feet and have a width of not less than seventy-five (75) feet, measured at
27 the building line.
28
. 29 D. Yard space regulations.
30
31 1. Front yard. There shall be a front yard of not less than twenty-five
32 (25) feet measured from the street line to the front building line.
33
34 2. Rear yard. There shall be a rear yard of not less than twenty (20)
35 feet measured from the rear building line to the rear lot line.
36
37 3. Side yards. There shall be a side yard on each side of the side
38 building line of not less than ten (10) feet. In the case of corner
39 lots, no building and no addition to any building shall be erected or
40 placed nearer than twenty (20) feet to the side street line of any
41 such lot.
42
43 (a) For a distance of one block on streets intersecting U.S. #1,
44 measured from the right-of--way line of said U.S. #1, side
45 yards of at least twenty-five (25) feet in depth shall be provided.
• 46
47
Page 3 of 7
1 E. Off street parking regulations. At least one parking space of at
2 least two hundred (200) square feet shall be provided. All parking spaces shall
•
3 consist of a durable surfaced area as approved by the community development
4 director, enclosed in the dwelling, in an accessory building or in an unenclosed
5 area, exclusive of the driveway, connecting the parking space to the street. All
6 vehicles parking on a lot must be parked on a durable surface.
7
8 F. Accessory structures. One detached automobile garage and one
9 open-air pavilion may be constructed on any lot within the R-1 single-family
10 dwelling district provided that all requirements of this chapter are met. Open air
11 pavilions shall be subject to the following additional conditions and restrictions:
12
13 1. Permitting.
14
15 ~ All open-air pavilions must be permitted in accordance
16 with all Florida Building Code and Village Code
17 requirements.
18
19 b~ Open-air pavilions meeting_ the definition of a traditional
20 chickee but are exempt from the Florida Building Code but
21 shall be subject to consistency review by the Village.
22 Consistency shall be demonstrated through the issuance of
23 a zoning,~permit and shall require the submittal of the
24 following information:
25
26 ~ A survey that includes scaled dimensions of the
27 proposed structure, including setbacks;
28
29 ~ Proof that the builder of the chickee but is a
30 member of either the Miccosukee Tribe of Indians
31 of Florida or the Seminole Tribe of Florida (such
32 proof consisting_ of a copy of the trial member's
33 identification card); and
34
35 ~ Drawings of the proposed structure depicting, at a
36 minimum, the overall design, dimensions, roof
37 materials, and height.
38
39 2. Dimensions. Olen-air pavilions shall not exceed two hundred
40 (200~sauare feet in floor area. The floor area shall be measured
41 from outside the support posts, provided that the roof overhang
42 does not exceed three (3) feet from the support posts. If the roof
43 overhang exceeds three (3) feet, the floor area shall consist of the
44 entire roofed area. For structures supported by a single-pole, i.e.,
.45 umbrella shape, the floor area shall be measured from the drip line
46 of the roof material.
47
Page4of7
1 3. Height. Open-air pavilions shall not exceed twelve (121 feet in
2 hei ght or the height of the principal building located on the lot,
3 whichever is more restrictive. For sloped roofs, the height shall be
4 measured at the mean roof height.
5
6 4. Location and Setbacks.
7
8 (~ No oven-air pavilion may be erected within ten (10, feet of
9 the side ~ro~erty line. This side setback shall be increased
10 to twenty (20) feet for corner lots.
11
12 ~b No open-air pavilion may be erected within seven and one-
13 half (7 %2) feet of the rear property line.
14
15 ~c,~ No open-air pavilion or any portion thereof may be erected
16 between the front line of the principal building and the
17 front property lot line, within a utility or drainage easement,
18 or within a required landscape buffer.
19
20 5. Use restrictions.
21
22 ~ An open-air pavilion shall be used only for private
23 recreational activities as an accessory use to the principal
24 residential use and shall not be used for habitation for a
25 tool room, storage room or workshop, or for any commercial
26 purpose whatsoever.
27
28 (b~ Open-air pavilions shall not be used for storage of items of
29 personal property, including, but not limited to, the following
30
31 ~ O_perable or inoperable vehicles, boats, boat trailers,
32 utility trailers or similar items of personal property;
33
34 ~ Building materials, lawn equipment, tools or similar
35 items; and
36
37 3~ Ice boxes, refrigerators and other tykes of food
38 storage facilities with the exception of under-
39 counter units.
40
41 ~ No gas, charcoal or propane grills, stoves or other types of
42 cooking devices may be stored or utilized within a traditional
43 chickee hut.
44
45 6. Maintenance. Open-air pavilions shall be maintained in good
46 repair and in sound structural condition. Painted or stained
•47 surfaces shall be free of peeling_paint, mold and mildew and void
48 of any evidence of deterioration.
49
50
Page 5 of 7
1 7. Design•
2
• 3 ~ Open-air pavilions, with the exception of traditional
4 chickee huts,.pergolas and other structures with only partial
5 or slatted roofs, shall incorporate the same types of building
6 materials and be consistent with the architectural theme or
7 style of the main or principal building,,
8
9 ~b At the request of a property owner, the community
10 development director may approve the use of different
11 building materials or alternate architectural themes or styles
12 when such materials, themes or styles are complementary
13 to the main or principal building
14
15 (~ Should the community development director deny the
16 request for different building materials or alternate
17 architectural themes or styles, a property owner may appeal
18 this decision to the planning commission by submitting a
19 written request for a hearing to the community
20 development director within thirty (30) calendar days of the
21 date of the determination. The appeal shall be placed on
22 the next available agenda and the decision of the planning
23 commission shall be final, subject only to judicial review
24 by writ of certiorari.
25
26 Section 5. All open-air pavilions, including chickee huts, constructed prior to the adoption of
27 this Ordinance shall be reviewed for compliance with the regulations set forth herein. Open-air
28 pavilions that do not or cannot meet the permitting, zoning and other requirements and
29 regulations of this Ordinance shall be removed or brought into compliance with this Ordinance.
30 Failure to comply with the terms of this Ordinance within ninety (90) days after its effective date
31 shall constitute a violation of the Village Code and shall subject the property owner to code
32 enforcement proceedings in accordance with Chapter 2 of the Village Code or as otherwise
33 authorized by law.
34
35 Section 6. The provisions of this Ordinance shall become and be made a part of the Code of
36 the Village of North Palm Beach, Florida.
37
38 Section 7. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for
39 any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void,
40 such holding shall not affect the remainder of this Ordinance.
41
42 Section 8. All ordinances or parts of ordinances and resolutions or parts of resolutions in
43 conflict herewith are hereby repealed to the extent of such conflict.
44
45 Section 9. This Ordinance shall take effect immediately upon adoption.
46
47
Page 6 of 7
PLACED ON FIRST READING THIS 9th DAY OF APRIL, 2009.
• PLACED ON SECOND, FINAL READING AND PASSED THIS 23RD DAY OF APRIL, 2009.
(Village Seal)
ATTEST:
,~~~~~~~~ r~~~~
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
•
Page 7 of 7