2019-03 Code Amendment - Height of Walls and Fences on Corner LotsORDINANCE NO. 2019-03
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE III, "DISTRICT
REGULATIONS," OF CHAPTER 45 (APPENDIX C), "ZONING," OF THE
VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 45-36 TO
CLARIFY AND AMEND THE PROVISIONS RELATING TO THE HEIGHT
OF WALLS AND FENCES ON RESIDENTIAL CORNER LOTS; PROVIDING
FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING
FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 45-36(D) of the Village Code of Ordinances regulates the height of walls
and fences within the Village; and
WHEREAS, Section 45-36(D) currently provides that "on corner lots, walls or fences shall not
exceed four feet in height within the area between the side line of the lot which fronts on a street,
and the front setback line extended on the adjacent side street lot;" and
WHEREAS, in 2009, the Zoning Board of Adjustment interpreted this provision to mean that the
four -foot limitation only applied where the side yard of one lot was adjacent to the front yard of
an abutting lot and not "where two corner lots are `back-to-back' with no access points
(driveways) on side yards;" and
WHEREAS, having balanced the interests of privacy and aesthetics, the Village Council wishes to
clarify and amend the Village Code provisions regulating the height of fences on corner lots; and
WHEREAS, the Planning Commission considered the proposed Ordinance at a duly advertised
public hearing and forwarded its recommendation to the Village Council; and
WHEREAS, the Village Council determines that the adoption of this Ordinance promotes the
health, safety and welfare of the residents 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 recitals are ratified as true and correct and are incorporated herein.
Section 2. The Village Council hereby amends Article III, "District Regulations," of Chapter 45
(Appendix C), "Zoning," of the Village Code of Ordinances by amending Section 45-36 to read
as follows:
Sec. 45-36. General Provisions.
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 required front yard setback and the
front property e 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
w4iieh frents on a st-Feet, and the front building sethaek line extended of th-e-
. eent side street
lot for a distance of twenty (20) feet from the side property line.
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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.
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.
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.
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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 25TH DAY OF APRIL, 2019.
PLACED ON SECOND, FINAL READING AND PASSED THIS 27TH DAY OF JUNE, 2019.
(Village Seal)
ATTEST:
VILLAGE CLERf�'
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
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