08-13-2020 VC REG-A with attachments
VILLAGE OF NORTH PALM BEACH
REGULAR SESSION AGENDA
VILLAGE HALL COUNCIL CHAMBERS THURSDAY, AUGUST 13, 2020
501 U.S. HIGHWAY 1 7:30 PM
Susan Bickel Mark Mullinix David B. Norris Darryl C. Aubrey Deborah Searcy
Mayor Vice Mayor President Pro Tem Councilmember Councilmember
Andrew D. Lukasik Leonard G. Rubin Jessica Green
Village Manager Village Attorney Village Clerk
In accordance with Executive Order No. 20-91 issued by Governor Ron DeSantis on April 1, 2020, all
senior citizens and individuals with a significant underlying medical condition are ordered to
stay at home and limit the risk of exposure to COVID-19. The Order further indicates that all
persons in Florida shall limit their personal interactions outside of their homes to only those
necessary to obtain or provide essential services or conduct essential activities. Similarly, the
Centers for Disease Control and Prevention guidance advises that all individuals adopt far-reaching
social distancing measures, including avoiding gatherings of more than 10 people. Therefore, in
accordance with Executive Order No. 20 -69 issued by the Governor on March 20, 2020, the
Village of North Palm Beach shall be conducting this meeting utilizing communications media
technology. The members of the Village Council will not be physically present in the Council
Chambers and shall be participating virtually. Members of the public may participate in the
meeting via internet access or by telephone as set forth below.
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Regular Session Agenda, August 13, 2020 Page 2 of 3
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be accessed by clicking the following link Public Comment Card. Public comments can also be made
by leaving a voice message at 561-904-2126. All public comments will be read into the record at the
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AGENDA
ROLL CALL
INVOCATION - VICE MAYOR
PLEDGE OF ALLEGIANCE - MAYOR
AWARDS AND RECOGNITION
APPROVAL OF MINUTES
1. Minutes of the Regular Session held 7/9/2020
2. Minutes of the Regular Session held 7/23/2020
COUNCIL BUSINESS MATTERS
STATEMENTS FROM THE PUBLIC, PETITIONS AND COMMUNICATIONS
Members of the public may address the Council concerning items on the Consent Agenda or any non agenda item
under Statements from the Public. Time Limit: 3 minutes
Members of the public who wish to speak on any item listed on the Regular Session or Workshop Session Agenda
will be called on when the issue comes up for discussion. Time Limit: 3 minutes
Anyone wishing to speak should complete a Public Comment Card (on the table at back of Council Chambers) and
submit it to the Village Clerk prior to the beginning of the meeting.
DECLARATION OF EX PARTE COMMUNICATIONS
PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS
3. PUBLIC HEARING AND 2ND READING OF ORDINANCE 2020-03 – CODE AMENDMENT –
PROSPERITY HARBOR NORTH PLANNED UNIT DEVELOPMENT Consider a motion to adopt
and enact on second reading Ordinance 2020-03 amending the Prosperity Harbor North Planned
Unit Development by amending Ordinance 01-2000 to modify regulations applicable to docks and
piers on the intracoastal lots.
4. PUBLIC HEARING AND 2ND READING OF ORDINANCE 2020-04 – CODE AMENDMENT –
CIVIL RIGHTS Consider a motion to adopt and enact on second reading Ordinance 2020-04
amending Chapter 1, "General Provisions," of the Village Code of Ordinances by adopting a new
section 1-11, "Civil Rights;" providing for a statement of purpose and the adoption of the North
Palm Beach Civil Rights Act.
Regular Session Agenda, August 13, 2020 Page 3 of 3
5. 1ST READING OF ORDINANCES 2020-05 & 2020-06 – CODE AMENDMENTS –
COMPREHENSIVE PLAN AMENDMENT & COMMERCIAL LAND DEVELOPMENT
REGULATIONS Consider a motion to adopt on first reading ordinances amending the Village
Comprehensive Plan and Commercial Land Development Regulations.
CONSENT AGENDA
The Consent Agenda is for the purpose of expediting issues of a routine or pro -forma nature. Councilmembers
may remove any item from the Consent Agenda, which would automatically convey that item to the Regular
Agenda for separate discussion and vote.
6. RESOLUTION – Approving a Combined Operational Assistance and Voluntary Cooperation
Mutual Aid Agreement for Palm Beach County Law Enforcement Agencies; and authorizing
execution of the Agreement.
7. Receive for file Minutes of the Library Advisory Board meeting held 6/23/20.
8. Receive for file Minutes of the Planning Commission meeting held 7/7/2020.
9. Receive for file Minutes of the Recreation Advisory Board meeting held 7/14/20.
OTHER VILLAGE BUSINESS MATTERS
COUNCIL AND ADMINISTRATION MATTERS
MAYOR AND COUNCIL MATTERS/REPORTS
VILLAGE MANAGER MATTERS/REPORTS
10. U.S. Highway 1 Lane Repurposing
REPORTS (SPECIAL COMMITTEES AND ADVISORY BOARDS)
ADJOURNMENT
If a person decides to appeal any decision by the Village Council with respect to any matter considered at the Village Counci l meeting,
he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105).
In accordance with the Americans with Disabilities Act, any person who may require special accommodation to participate in this meeting
should contact the Village Clerk’s office at 841-3355 at least 72 hours prior to the meeting date.
This agenda represents the tentative agenda for the scheduled meeting of the Village Council. Due to the nature of governmental duties
and responsibilities, the Village Council reserves the right to make additions to, or deletions from, the items contained in this agenda.
DRAFT MINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
JULY 9, 2020
Present: Susan Bickel., Mayor
Mark Mullinix, Vice Mayor
David B. Norris, President Pro Tem
Darryl C. Aubrey, Sc.D., Councilmember
Deborah Searcy, Councilmember
Andrew D. Lukasik, Village Manager
Len Rubin, Village Attorney
Jessica Green, Village Clerk
ROLL CALL
Mayor Bickel called the meeting to order at 7:30 p.m. All members of Council were present. All
members of staff were present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Vice Mayor Mullinix gave the invocation and Mayor Bickel led the public in the Pledge.
APPROVAL OF MINUTES
The Minutes of the Regular Session held June 25, 2020 were approved as written.
ORDINANCE 2020-02 – CODE AMENDMENT – CHRONIC NUISANCE PROPERTY
A motion was made by Councilmember Aubrey and seconded by Councilmember Searcy to adopt
and enact on second reading Ordinance 2020-02 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING CHAPTER 14, “HEALTH AND SANITATION,” OF THE
VILLAGE CODE OF ORDINANCES BY AMENDING ARTICLE IV, “ABATEMENT OF
PUBLIC NUISANCES ON PRIVATE PROPERTY,” TO UPDATE EXISTING PROCEDURES
TO REFERENCE THE SPECIAL MAGISTRATE; ADOPTING A NEW ARTICLE V,
“CHRONIC NUISANCE ABATEMENT PROPERTY CODE;” PROVIDING FOR PURPOSE
AND INTENT; PROVIDING FOR DEFINITIONS; PROVIDING FOR A DECLARATION OF
CHRONIC NUISANCE AND AN ACTION PLAN; PROVIDING PROCEDURES FOR
ENFORCEMENT; PROVIDING FOR HEARINGS BEFORE THE SPECIAL MAGISTRATE;
PROVIDING FOR THE ENTRY OF A CHRONIC NUISANCE SERVICE ORDER;
PROVIDING FOR THE ESTABLISHMENT AND BILLING OF COSTS; PROVIDING FOR
THE ASSESSMENT OF LIENS; PROVIDING FOR A CHANGE IN TITLE TO NUISANCE
PROPERTIES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Rubin explained the changes that were made to the Ordinance since its first reading.
Mayor Bickel opened the public hearing. There were no comments from the public. Mayor Bickel
closed the public hearing
Draft Minutes of Village Council Meeting held July 9, 2020 Page 2 of 3
ORDINANCE 2020-02 – CODE AMENDMENT – CHRONIC NUISANCE PROPERTY continued
Vice Mayor Mullnix and President Pro Tem Norris expressed their concerns with having the
Village as super priority on the lien imposed on a chronic nuisance property.
Discussion ensued between Council and Mr. Rubin regarding the priority on the lien that would
be imposed on a chronic nuisance property.
Thereafter, the motion to adopt and enact Ordinance 2020-02 on second reading passed 3 to 2 with
Mayor Bickel, Councilmember Aubrey and Councilmember Searcy voting aye and Vice Mayor
Mullinix and President Pro Tem Norris voting nay.
RESOLUTION 2020-44 – FINAL PAYMENT FOR ADDITIONAL COUNTRY CLUB DESIGN SERVICES
A motion was made by President Pro Tem Norris and seconded by Councilmember Aubrey to
adopt Resolution 2020-44 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING A FINAL PAYMENT TO PEACOCK + LEWIS
ARCHITECTS AND PLANNERS, LLC FOR ADDITIONAL DESIGN SERVICES RELATING
TO THE COUNTRY CLUB CLUBHOUSE; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mr. Lukasik discussed and explained the purpose of the final payment to Peacock + Lewis
Architects and Planners, LLC. Mr. Lukasik stated that a portion of the payment would be paid to
the subcontractor, Simmons & White. Mr. Lukasik stated that the scopes of work were previously
disputed between Peacock + Lewis and staff. Mr. Lukasik discussed and explained the final scopes
of work and final payment agreed upon between staff and Peacock + Lewis.
Thereafter, the motion to adopt Resolution 2020-44 passed unanimously.
MAYOR AND COUNCIL MATTERS/REPORTS
Shawn Fleming of Gehring Group began a presentation on the proposed renewal of employee
health insurance. Mr. Fleming reviewed and explained the current health insurance market
landscape, the Village’s employee health insurance renewal history and gave a claims experience
update and recommendations for renewal.
Discussion ensued between Council, Mr. Fleming and Mr. Lukasik regarding the employees’
current health insurance plans and the costs involved for the employees and the Village.
Council came to consensus to remain with the current employees’ health insurances plans for the
next fiscal year and to discuss any possible changes to the employees’ health insurance plans for
future discussion.
Mr. Lukasik gave a brief history of the Strategic Planning Process and stated that the prioritization
of projects was completed by Council and would be presented and reviewed by Ms. Miller and
Ms. Pulliam of Trainnovations, Inc.
Draft Minutes of Village Council Meeting held July 9, 2020 Page 3 of 3
MAYOR AND COUNCIL MATTERS/REPORTS continued
Ms. Miller stated that the projects that had a high variance in ranking results would be discussed.
The objective was to receive clarity regarding the expectations and outcomes of each project. Ms.
Miller reviewed and discussed the projects that were in the top 25th percentile. Ms. Miller reviewed
each project and she and staff answered questions brought up by Councilmembers.
Council and staff clarified the projects that could be eliminated and which projects would remain
as part of the Strategic Plan. Ms. Miller concluded the presentation and discussion and stated that
she would have a finalized report for Council within approximately four weeks.
Councilmember Aubrey stated that he received a request from the Palm Beach County Human
Resources Council asking the Village to consider enacting a North Palm Beach Civil Rights
Ordinance for LGBTQ people. Councilmember Aubrey stated that there have been other Palm
Beach County municipalities that have enacted the ordinance. Councilmember Aubrey requested
that the ordinance be placed on first reading at the next Council meeting.
The Council came to consensus to have a North Palm Beach Civil Rights Ordinance for LGBTQ
people placed on first reading at the next Council meeting on July 23, 2020.
Vice Mayor Mullinix expressed concerns regarding the different architectural styles that were
being considered along the U.S. Highway 1 corridor. Vice Mayor Mullinix stated that the
architectural style along the U.S. Highway 1 corridor should be cohesive with the architectural
style of the Village’s Country Club Clubhouse.
Discussion ensued among Council regarding receiving input from local architects to give their
input on the architectural styles that are being considered for the U.S. Highway 1 corridor.
Mayor Bickel recommended that Councilmembers individually reach out to local architects to
receive their input on the architectural styles that are being considered for the U.S. Highway 1
corridor and to discuss their findings at the first Council meeting scheduled for August.
ADJOURNMENT
There being no further business to come before the Council, the meeting was adjourned at 9:42 p.m.
DRAFT MINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
JULY 23, 2020
Present: Susan Bickel., Mayor
Mark Mullinix, Vice Mayor
David B. Norris, President Pro Tem
Darryl C. Aubrey, Sc.D., Councilmember
Deborah Searcy, Councilmember
Andrew D. Lukasik, Village Manager
Len Rubin, Village Attorney
Jessica Green, Village Clerk
ROLL CALL
Mayor Bickel called the meeting to order at 7:30 p.m. All members of Council were present. All
members of staff were present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Vice Mayor Mullinix gave the invocation and Mayor Bickel led the public in the Pledge.
There was no ex-parte communication by Council for the following item:
ORDINANCE 2020-03 – CODE AMENDMENT – PROSPERITY HARBOR NORTH PLANNED
UNIT DEVELOPMENT
A motion was made by Vice Mayor Mullinix and seconded by Councilmember Aubrey to adopt
on first reading Ordinance 2020-03 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING THE PROSPERITY HARBOR NORTH PLANNED UNIT
DEVELOPMENT BY AMENDING ORDINANCE NO. 01-2000 TO MODIFY THE
REGULATIONS APPLICABLE TO DOCKS AND PIERS ON THE INTRACOASTAL LOTS;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
Community Development Director Jeremy Hubsch explained the purpose of the Ordinance. Mr.
Hubsch stated that Mr. Milledge from Cotleur & Hearing would be giving a presentation on behalf
of the applicant, Joseph Little.
Mr. Milledge began the presentation and reviewed and discussed the proposed changes. Mr.
Milledge explained that the applicant’s request was to allow docks on intracoastal lots up to six
feet in width with no dock extending more than five feet from the property line and allow “L” and
“T” heads to be up to eight feet in width. The request was seeking an amendment to the regulations
in Exhibit “A” of the Planned Unit Development. The requested increase in the width of the “L”
and “T” head piers requires a waiver of Section 5-84(6) of the Village Code. Mr. Milledge stated
that the structure would remain in the envelope depicted in Exhibit “A” of the ordinance and the
overall length of the structure would not increase based on the proposal.
Draft Minutes of Village Council Meeting held July 23, 2020 Page 2 of 5
ORDINANCE 2020-03 – CODE AMENDMENT – PROSPERITY HARBOR NORTH PLANNED
UNIT DEVELOPMENT continued
Joseph Little, 700 Sandy Point Lane, stated that a permit for the proposed changes has already
been obtained from the Department of Environmental Protection and the Army Corp of Engineers
and the only remaining restriction was in the Planned Unit Development. Mr. Little stated that
there was unanimous consent received through signed letters from all of the intracoastal owners
within the development.
President Pro Tem Norris asked why staff recommended denying the request.
Mr. Hubsch stated that staff was no longer recommending denial of the request. Initially staff
recommended denial to the Planning Commission because of the request for an 8 foot “T” head
which was currently not permitted in the code, but after discussion with the Planning Commission
and the fact that they unanimously recommended approval, staff was no longer recommending
denial and was in full agreement with the Planning Commission.
Thereafter, the motion to adopt Ordinance 2020-03 on first reading passed unanimously.
ORDINANCE 2020-04 – CODE AMENDMENT – CIVIL RIGHTS
A motion was made by Councilmember Aubrey and seconded by Councilmember Searcy to adopt
on first reading Ordinance 2020-04 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING CHAPTER 1, “GENERAL PROVISIONS,” OF THE
VILLAGE CODE OF ORDINANCES BY ADOPTING A NEW SECTION 1 -11, “CIVIL
RIGHTS;” PROVIDING FOR A STATEMENT OF PURPOSE AND THE ADOPTION OF THE
NORTH PALM BEACH CIVIL RIGHTS ACT; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
Mr. Rubin explained the purpose of the ordinance and stated that the ordinance was a policy statement.
Thereafter, the motion to adopt Ordinance 2020-04 on first reading passed unanimously.
CONSENT AGENDA
President Pro Tem Norris moved to approve the Consent Agenda. Vice Mayor Mullinix seconded
the motion which passed unanimously. The following items were approved:
Resolution – Approving a contract with In & Out All Access System, Inc. for replacement
of the gates at the Public Safety Building at a total cost of $39,173.
Resolution – Approving a federally-funded subaward and grant agreement with the State
of Florida Division of Emergency Management for the receipt of FEMA grant funds.
Receive for file Minutes of the Recreation Advisory Board meeting held 5/12/20.
Receive for file Minutes of the Golf Advisory Board meeting held 5/18/20.
Receive for file Minutes of the Planning Commission meeting held 6/2/20.
Receive for file Minutes of the Recreation Advisory Board meeting held 6/9/20.
Draft Minutes of Village Council Meeting held July 23, 2020 Page 3 of 5
RESOLUTION 2020-47 – TENTATIVE MILLAGE RATE
A motion was made by Councilmember Aubrey and seconded by President Pro Tem Norris to
adopt Resolution 2020-47 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ADOPTING A TENTATIVE MILLAGE RATE OF 7.5000 MILS FOR
FISCAL YEAR 2021; ESTABLISHING A DATE, TIME AND PLACE FOR THE FIRST
HEARING ON THE TENTATIVE BUDGET AND PROPOSED MILLAGE RATE;
AUTHORIZING THE VILLAGE MANAGER TO SUBMIT THE REQUIRED FORMS TO THE
PALM BEACH COUNTY PROPERTY APPRAISER; AND PROVIDING FOR AN
EFFECTIVE DATE.
Mr. Lukasik reviewed the FY 2021 Preliminary Bud get presentation which was presented at the
Preliminary Budget Workshop meeting on July 16th. Mr. Lukasik stated that some updates were
made since the presentation was last given and he reviewed and explained the updates. The Tennis
and Pool Operations were included in the Country Club Budget and updates were made to
Personnel Changes, Budgeted Debt Service, Loan Repayment Schedule, Country Club
Preliminary Budget Summary (Revenues), Country Club Preliminary Budget Summary
(Expenses) and Taxable Value and Millage Section. An FY 2021 Country Club Preliminary
Budget Summary (by Profit Center) was added to the presentation.
Mr. Lukasik stated that staff was recommending retaining the Fiscal Year 2020 millage rate of
$7.5000 for Fiscal Year 2021. Mr. Lukasik explained that the recommendation was for the
preliminary budget and Council may reduce the rate for the final adopted budget. Mr. Lukasik
reviewed the FY 2020-2021 Budget Workshop Schedule and stated that a Council Budget
Workshop with Village Departments would take place on August 15, 2020.
Thereafter, the motion to adopt Resolution 2020-47 passed unanimously.
RESOLUTION 2020-48 – COUNTRY CLUB MONUMENT SIGN
A motion was made by Councilmember Aubrey and seconded by President Pro Tem Norris to
adopt Resolution 2020-48 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING A CONTRACT WITH FERRIN SIGNS, INC. FOR THE
CONSTRUCTION OF A MONUMENT SIGN AT THE NORTH PALM BEACH COUNTRY
CLUB AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE
CONTRACT; APPROVING PAYMENT TO ART SIGN GROUP FOR DESIGN AND
CONSULTING SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Lukasik stated that there was a last minute change to the sign company that staff was
recommending for approval. Staff originally recommended approval of a contract with Alternative
Sign Group, Inc. Mr. Lukasik stated that Ferrin Signs, Inc. was the lowest bidder out of the four
Request for Proposals received. Mr. Lukasik stated that he could not find any reason not to
contract with the lowest bidder. Mr. Lukasik also explained that in addition to the cost of the
monument sign, Mr. Mike Sidello of Art Sign Group was paid $5,000 by the Village for design
work and consultation services provided for the monument sign. Mr. Lukasik recommended
approving a contract with Ferrin Signs, Inc. for the Country Club monument sign and confirmation
of payment to Mr. Sidello for design and consulting services.
Draft Minutes of Village Council Meeting held July 23, 2020 Page 4 of 5
RESOLUTION 2020-48 – COUNTRY CLUB MONUMENT SIGN continued
Discussion ensued between Mr. Rubin and Council regarding the timing for the Country Club
monument sign in the contract.
Mr. Rubin stated that he was unaware of what was discussed with the vendor regarding the timing
of completion for the monument sign but if an agreement could not be met between staff and the
vendor, the contract would not be executed.
Thereafter, the motion to adopt Resolution 2020-48 passed unanimously.
RESOLUTION – ENGINEERING SERVICES FOR ANCHORAGE PARK MARINA DRY
STORAGE COMPOUND RENOVATION PROJECT
Mayor Bickel stated that the agenda item was removed and would be postponed until the Recreation
Advisory Board has a chance to discuss.
STATEMENTS FROM THE PUBLIC, PETITIONS AND COMMUNICATIONS
Richard Fresemen, 419 Anchorage Lane, expressed his concerns and gave considerations and
recommendations regarding future proposed changes to U.S. Highway 1.
MAYOR AND COUNCIL MATTERS/REPORTS
Councilmember Searcy commented on the Junior Golf Tournament and the national recognition
they received.
Mayor Bickel recommended having a future discussion regarding residential swale parking.
VILLAGE MANAGER MATTERS/REPORTS
Melinda Miller of Trainnovations, Inc. began a Strategic Planning presentation.
Vice Mayor Mullinix asked for clarification on the projects ranking and prioritization.
Ms. Miller explained that she was presenting the projects that Council ranked and staff prioritized.
Vice Mayor Mullinix requested to review the ranking and prioritization of the projects by Council only.
Ms. Miller and Ms. Pulliam stated that in the final report a listing with staff prioritization and a
separate scatter gram with just Council prioritization and ranking would be provided.
Ms. Miller reviewed six recommendations for Council to implement in order to continue moving
through the Strategic Planning Cycle of Improvement. The six recommendations were as follows:
1) Eliminate projects that were determined to be of “no value”, 2) Review certain projects to better
determine their overall value and whether they should be eliminated or left on the list, 3) Add a
new project for Public Outreach, 4) Review, revise and better define the Village’s Vision, Mission,
Values, and Strategic Goals, 5) Establish ongoing Citizen and Business Surveys interspersed with
community focus groups, 6) Define measurements for Strategic Goals.
Discussion and question and answer ensued between Ms. Miller and Council regarding the six
recommendations.
Draft Minutes of Village Council Meeting held July 23, 2020 Page 5 of 5
VILLAGE MANAGER MATTERS/REPORTS continued
Discussion ensued regarding citizen and business perception surveys and how and when to
implement them.
Ms. Miller asked for direction on the recommendations.
Council came to consensus to move forward in the next fiscal year with recommendations four
and six and to change the order of recommendations five and six by changing recommendation
five to six and recommendation six to five.
ADJOURNMENT
There being no further business to come before the Council, the meeting was adjourned at 9:32 p.m.
VILLAGE OF NORTH PALM BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
TO: Honorable Mayor and Council
THRU: Andrew D. Lukasik, Village Manager
FROM: Jeremy Hubsch, Community Development Director
DATE: August 13, 2020
SUBJECT: Ordinance 2nd Reading – Approving a Major Amendment to the Prosperity Harbor North Planned Unit Development to revise the regulations applicable to docks and piers.
The Applicant, Joseph Little, is requesting a major amendment to the Prosperity Harbor North Planned
Unit Development (“PUD”). More specifically, the Applicant seeks to amend Exhibit “A” of Ordinance
01-2000. Exhibit “A” provides for and regulates the location and placement of waterside structures for
properties within the PUD. Exhibit “A” created specific standards for the placement of waterside
structures for both interior and intracoastal lots.
The request seeks to amend the regulations in Exhibit “A” applicable to intracoastal lots. Exhibit “A”
currently prohibits docks on these lots and allows only piers six feet in width with “L” and “T” heads, also
limited to six feet in width. The Applicant is seeking to: (1) allow docks on intracoastal lots up to six feet
in width (with no dock extending more than five feet from the property line); and (2) allow “L” and T”
heads to be up to eight feet in width on intracoastal lots. The requested increase in the width of the “L”
and “T” head piers requires a waiver from Section 5-84(6) of the Village Code and triggers a Major
Amendment to the PUD.
At its July 7, 2020 meeting, the Planning Commission unanimously recommended approval of the
Applicant’s proposed PUD Amendment to allow docks on intracoastal lots and allow eight-foot-wide “L”
and “T” heads on the intracoastal lots.
At its July 23, 2020 Regular Session, the Village Council unanimously adopted Ordinance No. 2020-03
on first reading without modification.
There is no fiscal impact
Recommendation: The Planning Commission recommends approval of the attached Ordinance
amending the Planned Unit Development by amending Exhibit “A” of Ordinance 01-2000 to allow docks
and eight-foot-wide “L” and “T” head piers on the intracoastal lots within the Prosperity Harbor North PUD.
Attachments:
1. Planning Commission Staff Report and Supporting Materials
Page 1 of 2
ORDINANCE NO. 2020-03
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING THE PROSPERITY
HARBOR NORTH PLANNED UNIT DEVELOPMENT BY AMENDING
ORDINANCE NO. 01-2000 TO MODIFY THE REGULATIONS APPLICABLE
TO DOCKS AND PIERS ON THE INTRACOASTAL LOTS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, through the adoption of Ordinance No. 31-96, the Village Council approved the
Prosperity Harbor North Planned Unit Development (“PUD”); and
WHEREAS, through the adoption of Ordinance No. 01-2000, the Village Council amended the
PUD to provide for and regulate the location and placement of structures inclusive of docks,
pilings, piers, mooring posts and vessels within the PUD; and
WHEREAS, Joseph Little (“Applicant”), filed an application to amend Exhibit “A” to Ordinance
No. 01-2000 to: (1) allow docks on the intracoastal lots; and (2) allow “L” or “T” heads on piers
adjacent to the intracoastal lots to be eight (as opposed to six) feet in width; and
WHEREAS, because the proposed width of the “L” and “T” heads of the piers requires a waiver
from Section 5-84(6) of the Village Code of Ordinances, the requested change must be processed
as a major amendment to the PUD; and
WHEREAS, at a duly advertised hearing held on July 7, 2020, the Planning Commission
considered the Applicant’s request and recommended 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 recitals are ratified as true and correct and are incorporated herein.
Section 2. The Village Council hereby amends Exhibit “A” to Ordinance No. 01-2000 by
amending the Notes to the Exhibit as follows (additional language underlined and deleted language
stricken through):
NOTES
1. ALL PIERS, DOCKS, LIFTS, MOORING PILES, AND VESSELS MUST
BE CONTAINED WITHIN THE ENVELOPE SHOWN FOR EACH LOT.
2. INTERIOR LOTS - DOCKS UP TO 10’ WIDE
Page 2 of 2
PIERS UP TO 6’ WIDE
3. INTRACOASTAL LOTS - NO DOCKS ALLOWED
DOCKS UP TO 6’ WIDE; HOWEVER, NO
DOCK SHALL EXTEND MORE THAN 5’
FROM THE PROPERTY LINE
PIERS UP TO 6’ WIDE
“L” HEADS AND “T” HEADS
90° OR ANGLED UP TO 6’ 8’ WIDE
AND 30’ LONG
PIERS, “L” HEADS, AND “T” HEADS
WITHIN 40’ OF PROPERTY LINE
Section 3. 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 4. All ordinances or parts of ordinances and resolutions or parts of resolutions in
conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict.
All remaining provisions of Ordinance No. 01-2000 not specifically amended by this Ordinance
shall remain in full force and effect.
Section 5. This Ordinance shall take effect immediately upon adoption.
PLACED ON FIRST READING THIS 23RD DAY OF JULY, 2020.
PLACED ON SECOND, FINAL READING AND PASSED THIS ______ DAY OF
___________, 2020.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
VILLAGE OF NORTH PALM BEACH
VILLAGE ATTORNEY’S OFFICE
TO: Honorable Mayor and Council
THRU: Andrew D. Lukasik, Village Manager
FROM: Leonard G. Rubin, Village Attorney
DATE: August 13, 2020
SUBJECT: ORDINANCE 2nd Reading – Amending Chapter 1 of the Village Code of Ordinances
to adopt the North Palm Beach Civil Rights Ordinance.
The Village received a memorandum from the Palm Beach Human Rights Council requesting that the
Village adopt a comprehensive Civil Rights Ordinance, including a statement of non-discrimination
against LGBTQ people. At the request of Councilmember Aubrey, the Village Council, at its July 9, 2020
meeting, agreed to bring the Ordinance before the Council for consideration of adoption on first reading.
The attached Ordinance amends Chapter 1 of the Village Code of Ordinances by adopting a new Section
1-11 entitled “Civil Rights.” The Ordinance provides, as a matter of policy, that the Village opposes
discrimination based on race, color, national origin, ancestry, religion, gender, gender identity or
expression, marital status, veteran’s status, age, national origin, disability, pregnancy, familial status,
sexual orientation and genetic information. While establishing a policy of non-discrimination, the
Ordinances does not require the Village to take any legal responsibility. Enforcement of claims of
discrimination would be handled in accordance with the specific laws listed in subsection (b).
Consequently, charges of discrimination by Village residents would be filed with the Equal Employment
Opportunity Commission, the Florida Commission on Human Relations and the Palm Beach County
Office of Equal Opportunity.
The attached Ordinance has been prepared and reviewed for legal sufficiency by this office.
There is no fiscal impact.
At its July 23, 2020 Regular Session, the Village Council unanimously adopted Ordinance No. 2020-04 on
first reading without modification.
Recommendation:
Village Staff requests Council consideration and approval on second and final reading of the
attached Ordinance amending Chapter 1 of the Village Code of Ordinances to adopt the Village of
North Palm Beach Civil Rights Act in accordance with Village policies and procedures.
Page 1 of 2
ORDINANCE NO. 2020-04
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 1, “GENERAL
PROVISIONS,” OF THE VILLAGE CODE OF ORDINANCES BY ADOPTING
A NEW SECTION 1-11, “CIVIL RIGHTS;” PROVIDING FOR A STATEMENT
OF PURPOSE AND THE ADOPTION OF THE NORTH PALM BEACH CIVIL
RIGHTS ACT; PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Village Council wishes to amend the Village Code of Ordinances to adopt a
comprehensive non-discrimination statement to demonstrate, as a matter of public policy, that the
Village opposes discrimination based on race, color, national origin, ancestry, religion, gender,
gender identity or expression, marital status, veteran’s status, age, national origin, disability,
pregnancy, familial status, sexual orientation and genetic information; and
WHEREAS, the Village Council determines that the adoption of this Ordinance is in the best
interests of the public 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 recitals are ratified as true and correct and are incorporated herein.
Section 2. The Village Council hereby amends Chapter 1, “General Provisions,” of the Village
Code of Ordinances by adopting a new Section 1-11, “Civil Rights,” to read as follows (additional
language underlined):
Sec. 1-11. Civil rights.
(a) Purpose. The North Palm Beach Village Council desires to secure for
its citizens freedom from discrimination because of race, color, national origin,
ancestry, religion, gender, gender identity or expression, marital status, veteran’s
status, age, national origin, disability, pregnancy, familial status, sexual orientation
and genetic information, and thereby to protect their interest in personal dignity; to
make available to the Village their full productive capacities; to secure the Village
against domestic strife and unrest; to preserve the public safety, health and general
welfare; and to promote the interests, rights and privileges of individuals within the
Village. The Village Council also desires to adopt an ordinance that is consistent
with federal, state and local laws and affords its citizens access to remedies in the
case of alleged discrimination, to wit: the Equal Employment Opportunity
Commission, the Florida Commission on Human Relations and the Palm Beach
County Office of Equal Opportunity.
Page 2 of 2
(b) Adoption of the Village of North Palm Beach Civil Rights Act. The
Florida Civil Rights Act of 1992, Chapter 760, Section 760.01 through 760.11 and
Section 509.092; Florida's Fair Housing Act, Chapter 760, Section 760.20 through
760.37; the Palm Beach County Equal Employment Ordinance, Chapter 2, Article
VI, Division 1, Sections 2-251 through 2-313; and the Palm Beach County
Ordinance for Equal Opportunity to Housing and Places of Public Accommodation,
Chapter 15, Article III, Sections 15-36 through 15-67 are collectively adopted by
reference as the Village of North Palm Beach Civil Rights Act, subject to and
including by reference such amendments, corrections and additions as shall occur
therein or as may appear in this chapter.
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 23RD DAY OF JULY, 2020.
PLACED ON SECOND, FINAL READING AND PASSED THIS _____ DAY OF ___________,
2020.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
VILLAGE OF NORTH PALM BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Jeremy Hubsch, Community Development Director Leonard G. Rubin, Village Attorney DATE: August 13, 2020 SUBJECT: Ordinances 1st Reading – Ordinance Amending Village Comprehensive Plan and Ordinance Amending Commercial Land Development Regulations (Implementation of Citizen’s Master Plan)
On behalf of the Village Manager, Village Attorney and the consulting team, we are excited to bring
forward land development regulations and comprehensive plan updates to the Village Council for
adoption. These updates have been underway for several years and are the culmination of a substantial
amount of community input and hard work.
Background:
In August 2015, the Village initiated the process to develop a master plan for future infill development
and redevelopment within its corporate limits. From January 30, 2016 to February 5, 2016, the Treasure
Coast Regional Planning Council conducted a week long economic development and urban design
charrette to assist the Village in the creation of the master plan. Over 150 citizens, elected officials,
business owners, and staff members participated in the charrette process. The Treasure Coast Regional
Planning Council then created “The Village of North Palm Beach Citizens’ Master Plan Report” (“the
Master Plan”), which was adopted by the Village Council through Resolution 2016-73 on October 27,
2016.
One of the key recommendations of the Master Plan was to Create a Form-Based Code and Design
Guidelines to:
Ensure private redevelopment complements public investments and contributes to realizing the
vision of the Master Plan;
Respond to market forces;
Establish predictability in the built environment and the approval process;
Maximize the waterfront; and
Provide incentives for desired patterns and forms of development.
Form-based codes have become an increasingly popular tool that communities have implemented to
facilitate quality development. Since the initial creation of a form-based code during the development of
Seaside, Florida in the 1980’s, the concept has grown immensely more popular around the state and
country. According to the Form-Based Code Institute, “A form-based code is a land development
regulation that fosters predictable built results and high -quality public realm by using physical form
(rather than separation of uses) as the organizing principle for the code. A form-based code is a
regulation, not a mere guideline, adopted into city, town, or county law.” The Master Plan had several
recommendations to implement into a form-based code along the Village’s commercial corridors,
including:
Allowing (but not requiring) mixed-use development;
Allowing a market rate density up to 24 du/ac;
Focusing less on uses and more on the form of development;
Ensuring a predictable built environment;
Allowing parking to be replaced by liner buildings in large parking lots;
Requiring consistent landscape design along the commercial corridors; and
Streamlining the approval process for development that meets the code.
Process:
Subsequent to the adoption of the Master Plan, the Village retained the renowned firm of Dover, Kohl
& Partners, and its consultant, Spikowski Planning Associates, to develop a form-based code for the
Village’s commercial zoning districts. The process of revising the Village’s land development
regulations and comprehensive plan officially started in January 2018. The consulting team held its first
public workshop in April 2018, followed by seven additional workshops, held between December 2018
and May 2019. The consulting team and Village staff incorporated feedback from the workshops into
draft land development regulations and comprehensive plan amendments. A preliminary version of the
draft regulations and comprehensive plan amendments were workshopped with the Planning
Commission in January 2020 for feedback.
Key Components of the Code:
The consulting team and staff have finalized the draft land development regulations and comprehensive
plan amendments and are now ready to move forward for adoption. There are several significant updates
to the existing land development regulations and comprehensive plan. Significant changes or updates
are identified below:
Creation of the C-MU US-1 mixed use zoning district that will replace the existing C-A commercial
zoning district.
The C-MU zoning district creates greater flexibility in the development of the U.S. Highway One
corridor while protecting adjacent residential properties and maintaining a “village-scale.”
A mixture of uses, especially active uses, are encouraged throughout the corridor. Although individual
properties may develop as a single (residential or commercial) use, the code encourages both the vertical
and horizontal integration of uses.
The zoning district eliminates a prescriptive Floor Area Ratio (FAR), but restricts buildings to 4 stories,
with the opportunity for an additional partial 5th story (limited to 30% of the floor area of the story
below). A developer may request a waiver to allow 5 stories on land north of Anchorage Drive North,
with the opportunity for an additional partial 6th story. This waiver must be granted by the Village
Council.
Existing development will not be considered non-conforming. However, only substantial redevelopment
of the property will allow a property owner to use the flexibility within the proposed code (such as the
ability to integrate residential into the property or use the less restrictive parking standards).
Creation of the C-NB Northlake Boulevard commercial zoning district to replace the NBOZ overlay
district.
The new code incorporates the existing Northlake Boulevard Overlay Zoning (NBOZ) District
regulations into the new C-NB zoning district, thereby eliminating any confusion regarding the
application of both the NBOZ regulations and the underlying zoning district regulations.
Creation of “key redevelopment sites” that are encouraged to use the Planned Unit Development
process to redevelop.
There are three Key Redevelopment Sites within the proposed code: Crystal Cove, Camelot and the
IHOP (Shore Court and U.S. Highway One) properties. Additional properties could be added as Key
Redevelopment Sites in the future. The Key Redevelopment Sites are subject to additional regulations,
and the Code encourages developers to utilize the Planned Unit Development (PUD) process for
redevelopment. Approval of a PUD requires review by both the Planning Commission and Village
Council.
Creation of building frontage types and form-based development standards for new buildings.
Build-to lines will better integrate buildings and the streetscapes. At a minimum, buildings , canopies,
balconies, awnings, and other structural projections must be setback at least eight feet (8’) from the face
of the curb on U.S. Highway One
Six (6) different building frontage types are identified to be used at various locations throughout the U.S.
Highway One corridor. Each building type has different requirements.
The creation of a new landscape code for multi-family, mixed-use, industrial and commercial
properties.
The revised landscape code will create consistent landscape standards through commercial zoning
districts in the Village, and is intended to provide a greater volume and variety of landscape while
encouraging the use of native vegetation.
Renaming of commercial zoning districts.
Amendments to the comprehensive plan to facilitate mixed-use development and provide consistency
with revised land development regulations.
The creation of architectural guidelines, which are not mandated, but rather intended to guide the
design of commercial redevelopment.
Creating parking standards for properties that redevelop in the new C-MU and C-NB zoning districts.
Parking minimums require less parking than the existing code. Additionally, shared parking is permitted
and will reduce the overall minimum parking requirements for mixed-use projects.
Establishment of a path for properties in the C-MU and C-NB to be granted waivers by the Planning
Commission during the site plan approval process.
The Planning Commission will review and approve development applications. The Village Council will
review applications only if the developer requests a height waiver for a 5th story, or the developer seeks
to incorporate special exception uses into the project, or if a property is designated as a Key
Redevelopment Site.
Increase in maximum residential density to 24 units per acre in commercial zoning districts.
Uses that are common along U.S. Highway One and Northlake Boulevard will continue, but residential
is now a permitted use. A site can contain up to 24 dwelling units per acre in addition to commercial
uses. However, with the inclusion of workforce housing units as provided for in the Comprehensive
Plan, a site may increase the residential density to 36 dwelling units per acre.
Planning Commission Recommendation:
At the July 7th Planning Commission meeting, consultants from Dover, Kohl & Partners, Spikowski
Planning Associates, and Village Staff presented the draft land development regulations and
comprehensive plan amendment for a recommendation to the Village Council. The Planning
Commission voted unanimously 7-0 to recommend approval of both the land development regulations
and comprehensive plan amendment. A draft of the proposed ordinances has been provided along with
this report in the agenda packet.
The Planning Commission identified a few issues that require Village Council consideration. Individual
members suggested that the Village Council closely review building height and frontage requirements
along U.S. Highway One to ensure they promote the desired character as well as the residential density
thresholds.
There is no fiscal impact
Recommendation: Village Staff and the Planning Commission recommend approval of Ordinance No.
2020-05 amending the Village’s Comprehensive Plan and Ordinance No. 2020-06 amending the
Village’s Commercial Land Development Regulations.
Attachments:
1. Ordinance 2020-05 Comprehensive Plan Amendment
2. Ordinance 2020-06 Commercial Land Development Regulations
Page 1 of 2
ORDINANCE NO. 2020-05 1
2
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 3
NORTH PALM BEACH, FLORIDA, AMENDING THE VILLAGE OF NORTH 4
PALM BEACH COMPREHENSIVE PLAN TO IMPLEMENT THE CITIZEN’S 5
MASTER PLAN AND ADDRESS THE VILLAGE’S COMMERCIAL 6
CORRIDORS; AMENDING THE FUTURE LAND USE ELEMENT, THE 7
TRANSPORTATION ELEMENT AND THE CAPITAL IMPROVEMENTS 8
ELEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR 9
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 10
11
WHEREAS, the Village wishes to amend its Comprehensive Plan to implement the Citizen’s 12
Master Plan Report and address the Village’s commercial corridors to facilitate development and 13
redevelopment opportunities; and 14
15
WHEREAS, the proposed amendments address the following elements: 16
17
A. Amend the Future Land Use Element to promote pedestrian and bicycle activity in 18
the commercial corridors, provide an exemption for floor area rations to implement 19
to the Citizen’s Master Plan, promote mixed use development and redevelopment, 20
increase residential density in Commercial designations, eliminate height 21
restrictions (to be addressed in the Zoning Code), and modify the workforce 22
housing density bonus; and 23
24
B. Amend the Transportation Element and the Capital Improvements Element to 25
provide exceptions to Level of Service Standards for specified arterial and collector 26
roadways within the Village’s corporate limits. 27
28
WHEREAS, on July 7, 2020, the Planning Commission, sitting as the Local Planning A gency, 29
conducted a public hearing to review the proposed amendments to the Village Comprehensive 30
Plan and provide a recommendation to the Village Council; and 31
32
WHEREAS, having conducted all of the duly advertised public hearings required by Chapter 163, 33
Florida Statutes, the Village Council wishes to amend its Comprehensive Plan and determines that 34
the adoption of this Ordinance is in the interests of the health, safety and welfare of the residents 35
and citizens of the Village of North Palm Beach. 36
37
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE 38
OF NORTH PALM BEACH, FLORIDA as follows: 39
40
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. 41
42
Section 2. The Village Council hereby adopts the revisions to the Village of North Palm 43
Comprehensive Plan attached hereto as Composite Exhibit “A” and incorporated herein by 44
reference (additional language underlined and deleted language stricken through). 45
46
Page 2 of 2
Section 3. All ordinances or parts of ordinances and resolutions or parts of resolutions in 1
conflict herewith are hereby repealed to the extent of such conflict. 2
3
Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for 4
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, 5
such holding shall not affect the remainder of this Ordinance. 6
7
Section 5. This Ordinance shall be effective thirty-one (31) days after the Department of 8
Economic Opportunity notifies the Village that the plan amendment package is complete or, if 9
timely challenged, this Ordinance shall be effective upon entry of a final order by the Department 10
of Economic Opportunity or the Administration Commission determining the adopted amendment 11
to be in compliance. 12
13
PLACED ON FIRST READING THIS _____ DAY OF ________________, 2020. 14
15
PLACED ON SECOND, FINAL READING AND PASSED THIS _____ DAY OF ___________, 16
2020. 17
18
(Village Seal) 19
MAYOR 20
21
22
ATTEST: 23
24
25
VILLAGE CLERK 26
27
28
APPROVED AS TO FORM AND 29
LEGAL SUFFICIENCY: 30
31
32
VILLAGE ATTORNEY 33
Exhibit “A”
31 ̶ Proposed Changes to Comprehensive Plan, draft 2020-06-29 Page 1 of 6
3.0 FUTURE LAND USE ELEMENT 1
Policy 1.A.4: Land Development regulations adopted to implement this 2
Comprehensive Plan shall be based on and be consistent with the following 3
standards for non-residential land use intensities as indicated below: 4
a. Location shall be in accordance with the Future Land Use Map. 5
Commercial uses shall not be permitted within areas designated for 6
residential development on the Future Land Use Map Series; 7
b. Maximum lot coverage ratio shall be governed by applicable land 8
development regulations; 9
c. Maximum building height shall be governed by applicable land 10
development regulations and shall be consistent with the Village of 11
North Palm Beach Citizens’ Master Plan Report, adopted by Resolution 12
2016-73 on October 27, 2016, and compatible with neighboring land 13
uses; and 14
d. Adequate off-street parking and loading facilities. 15
e. Maximum Floor-Area-Ratios for non-residential land uses shall be 16
established as follows: 17
1. Commercial, religious, and institutional land uses: A maximum 18
of 0.70 for mixed-use development and 0.35 for all other non-19
residential land uses along U.S. Highway No. 1, north of the Parker 20
Bridge; a maximum of 1.10 along U.S. Highway No. 1, from the 21
Parker Bridge, south to Northlake Boulevard; a maximum of 0.70 22
along U.S. Highway No. 1, south of Northlake Boulevard; and a 23
maximum of 0.70 along Northlake Boulevard and S.R. Alternate A-24
1-A. The following areas Twin City Mall site shall be exempt from 25
this requirement to implement the 2016 Citizens’ Master Plan: 26
▪ The Twin City Mall site, and subject to the latest land development 27
regulations of the C-3 zoning district, which have been was jointly 28
developed by the Village and the Town of Lake Park. 29
▪ The C-MU zoning district along U.S. Highway No. 1, updated in 30
accordance with the Citizens’ Master Plan. 31
▪ Other key redevelopment sites that are explicitly identified in the 32
Village’s land development regulations to carry out the Citizens’ 33
Master Plan. 34
2. Public Buildings And Grounds Uses: A maximum of 0.25. 35
3. Educational Uses: A maximum of 0.15; 36
4. Other Public Facilities Uses: A maximum of 0.30. 37
5. Recreation and Open Space Uses: A maximum of 0.05 38
6. Light Industrial/Business Uses: A maximum of 0.45. 39
Policy 1.A.9: In 2020, the Village shall revised its land development 40
regulations and this Comprehensive Plan no later than 2019 to implement the 41
provisions and guiding principles of the Village of North Palm Beach Citizens’ 42
Master Plan Report, adopted by Resolution 2016-73 on October 27, 2016. 43
Exhibit “A”
31 ̶ Proposed Changes to Comprehensive Plan, draft 2020-06-29 Page 2 of 6
OBJECTIVE 1.B: The Village desires to enhance certain aging commercial 1
corridors that have Mixed-use developments may be permitted through the 2
commercial planned unit development approval process in areas with a 3
Commercial Future Land Use designation, as depicted on the Future Land Use 4
Map Series. into walkable and bikeable centers of vibrant activity. Current 5
business uses along these corridors will be supplemented with new residential 6
and mixed-use development as described in Policy 1.B.4. 7
Policy 1.B.1: The following use and intensity standards shall be used to 8
promote land use efficiency in mixed-use infill and redevelopment 9
activities, and determine maximum mixed-use development potential on a 10
given parcel of land: 11
1. Maximum development potential: Maximum commercial mixed-12
use development potential is subject to the floor-area limitations 13
established in Policy 1.A.4, subject to the application of the Village's 14
land development regulations. 15
2. Permitted uses: Permitted uses shall be specified in each zoning 16
district that allows mixed-use development (see Policy 1.B.4). Each 17
mixed-use development must contain a residential component, 18
together with at least one non-residential component consisting of 19
uses authorized in the assigned underlying commercial zoning 20
district, subject to conditions of approval. 21
3. Mix of uses: The non-residential component of a mixed-use 22
development must comprise a minimum of 10% the gross floor area. 23
The residential component of a mixed-use development must 24
contain a minimum of 25% of the gross floor area. 25
3. 4. Residential density: Dwelling units in Commercial designations 26
The residential component of a mixed-use development shall not 27
exceed a density of 24 12 units per acre or as further limited by 28
zoning district regulations. Developments that qualify for the 29
workforce housing density bonus described in Policy 1.B.2 may 30
construct up to 12 additional units per acre). 31
4. 6. Height limitations: With the exception of those properties 32
located along U.S. Highway 1, The maximum height of a mixed-use 33
development shall be limited to that allowed by the underlying 34
commercial or mixed-use zoning district. The maximum height for 35
mixed-use developments with frontage along U.S. Highway 1 is 36
related to the depth of the property, as measured from the U.S. 37
Highway 1 right-of-way, as follows: 38
• 250 feet or less: Maximum height of 2 stories 39
• Greater than 250 feet to 300 feet: Maximum height of 3 stories 40
• Greater than 300 feet: Maximum height of 4 stories 41
Exhibit “A”
31 ̶ Proposed Changes to Comprehensive Plan, draft 2020-06-29 Page 3 of 6
Policy 1.B.2: Workforce housing density bonus: The maximum 1
residential density of a mixed-use development may shall be increased 2
from 12 to 24 to 36 units per acre provided that either: (a) bonus units are 3
constructed on-site; or (2) (b) funding is provided to assist in an workforce 4
affordable housing program in another jurisdiction or an appropriate 5
alternative, as determined by the Village of North Palm Beach. If 6
alternative (a) is selected, 50% of the bonus units shall be affordable 7
qualify for any of the four (4) eligible income group categories based on 8
Average Median Income (AMI) as defined by the set forth in the County's 9
Workforce Housing Program income guidelines. No more than 50% of the 10
workforce housing units shall be in the 120-140% category. If alternative 11
(b) is selected, an amount equal to 5% of the cost of the vertical 12
construction of the bonus units shall be contributed to the Palm Beach 13
County Affordable Housing Trust Fund, or other appropriate alternative, 14
as determined by the Village of North Palm Beach. 15
Policy 1.B.3: Assisted Living Facilities, as defined in Section 429.02(5) 16
of the Florida Statutes and licensed by the Florida Agency for Health Care 17
Administration may be permitted as mixed-use developments through the 18
commercial planned unit development approval process, or the special 19
exception process if authorized by the Village’s land development 20
regulations, subject to the following use and intensity standards: 21
1. A mixed-use Assisted Living Facility shall provide assistance 22
with activities of daily living, as defined in Section 429.02(1) of 23
the Florida Statutes and special care for persons with memory 24
disorders, as regulated by Section 429.178 of the Florida 25
Statutes. 26
2. Required uses: Each mixed-use Assisted Living Facility shall 27
contain a residential component, together with a non-residential 28
component consisting of administrative offices, central kitchen 29
and communal dining facilities, and separate or shared spaces 30
for the provision of medical, recreation, social, religious, and 31
personal services. 32
3. Mix of required uses: The residential component shall 33
comprise a minimum of 50% and the non-residential component 34
shall comprise a maximum of 20% of the gross floor area of a 35
mixed-use Assisted Living Facility. 36
4. Maximum floor area: Maximum mixed-use Assisted Living 37
Facility development potential is subject to the floor-area 38
limitations established in Policy 1.A.4, subject to the application 39
of the Village's land development regulations. 40
5. Maximum resident occupancy: The residential density of a 41
mixed-use Assisted Living Facility may be increased by the 42
Village Council to an equivalent of 24 units per acre. The 43
maximum resident occupancy shall then be determined by 44
multiplying the equivalent residential density by 1.97 residents 45
per unit. Maximum resident occupancy shall be determined on a 46
project-by-project basis based upon an assessment of site 47
Exhibit “A”
31 ̶ Proposed Changes to Comprehensive Plan, draft 2020-06-29 Page 4 of 6
characteristics and the application of Village land development 1
regulations. 2
6. Height limitations: The maximum height of a mixed-use 3
Assisted Living Facility shall be determined by the application of 4
Policy 1.B.1.6. 5
7. Waivers for reductions in minimum dwelling unit size and 6
parking requirements may be requested during the commercial 7
planned unit development or other authorized approval process. 8
Policy 1.B.4: Specific additional development limitations and conditions 9
on proposed Residential and mixed-use developments may be approved 10
in areas with a Commercial Future Land Use designation in order to 11
achieve a mixed-use development pattern. The Village may use any of 12
the following mechanisms to achieve the desired pattern: shall be 13
established, as necessary, by the Village 14
The mixed-use provisions in the C-MU zoning district along US. 15
Highway No. 1 between Yacht Club Drive and the Earman River, 16
which are intended to evolve that district into a mixed-use 17
development pattern that remains predominately commercial along 18
US Highway No. 1. 19
The mixed-use provisions in the C-T zoning district in the southwest 20
portion of the Village. 21
Through The commercial planned unit development process in other 22
zoning districts. 23
Special Policy 5.6: As a means of enhancing the commercial character 24
of the area along Northlake Boulevard through renovation and/or 25
redevelopment, maintain a waiver process the Commercial Planned Unit 26
Development (CPUD) ordinance which may allows proposed projects to 27
depart from the strict interpretations of the Zoning Code if, after review by 28
the Village, it is found that said projects are in compliance with the North 29
Palm Beach Comprehensive Plan and meet standards in the Zoning 30
Code. 31
Special Policy 5.16: The 0.43 acre lot located at the southwest corner of 32
Prosperity Farms Road and Honey Road (Map 5 of the Future Land Use 33
Map Atlas) shall be assigned a Commercial Future Land Use Map 34
designation in order to support its current use. The current use may be 35
maintained consistent with the provisions of Sections 45-63 (non-36
conforming uses) and 45-64 (non-conforming structures) of the Village 37
Code; however, any future change in use shall be consistent with those 38
uses permitted in the C-T C-C transitional Commercial District. 39
Special Policy 5.18: Residential development on the property delineated 40
as "Special Policy 5.18 5.16" on Map 3B of the Future Land Use Map 41
Atlas shall be limited to a maximum of 16 residential units. 42
Exhibit “A”
31 ̶ Proposed Changes to Comprehensive Plan, draft 2020-06-29 Page 5 of 6
OBJECTIVE 6: The Village shall encourage infill development and 1
redevelopment along the Northlake Boulevard and U.S. Highway No.1 corridors. 2
Policy 6.1: Development and redevelopment activities along the 3
Northlake Boulevard corridor shall conform to the requirements of in the 4
Northlake Boulevard Overlay Zone, as illustrated on Figure 3-8, shall 5
conform with the special land development regulations adopted by the 6
Village of North Palm Beach for the Northlake Boulevard corridor as well 7
as the requirements of the Village's Comprehensive Plan and underlying 8
zoning districts. 9
Policy 6.2: Mixed-use development and redevelopment is encouraged 10
along the U.S. Highway No.1 corridor by the Village through the 11
provisions of the C-MU and C-T and may also be permitted through the 12
commercial planned unit development approval process, consistent with 13
the density and intensity criteria stated in Objective 1.B. 14
3.5.4 Northlake Boulevard Overlay Zone Map The Northlake Boulevard 15
Overlay Zone is illustrated on Maps 3C and 5 appropriate maps in the Future 16
Land Use Map Atlas. All properties within the overlay zone are illustrated on 17
Maps 3C and 5 of the Future Land Use Map Atlas Development and 18
redevelopment activities are subject to the special land development regulations 19
adopted by the Village of North Palm Beach for the Northlake Boulevard corridor. 20
adopted under the Overlay Zone ordinance. 21
22
TABLE 3-1
LAND USE CLASSIFICATION SYSTEM
For purposes of the Comprehensive Plan, the following land use classifications, which are applicable
to North Palm Beach, are used to describe existing land uses in the Village. The classifications are
consistent with those defined in Chapter 9J5, F.A.C. and concurrent with the Village's perception of
use.
Residential: Land uses and activities within land areas used predominantly for housing and
excluding all tourist accommodations.
Commercial: Land uses and activities within land areas which are predominantly related to the
sale, rental and distribution of products and the provision or performance of services. W ithin
the Commercial classification, residential and other uses may also be permitted in accordance
with the mixed-use policies of the Comprehensive Plan and the Village’s land development
regulations.
[remainder of Table 3-1 deleted for brevity]
[the identical changes are being made
to Table 1 in the Future Land Use Atlas]
Exhibit “A”
31 ̶ Proposed Changes to Comprehensive Plan, draft 2020-06-29 Page 6 of 6
4.0 TRANSPORTATION ELEMENT 1
Policy 1.2: Consistent with the adopted Palm Beach County traffic 2
performance standards, the Village shall maintain a peak hour Level-Of-3
Service (LOS) standard of "D" for all Arterial and Collector roadways 4
within the corporate limits, consistent with Article 12, Chapter B of the 5
Palm Beach County Unified Land Development Code (Ref: Table 4-1). 6
with these exceptions: 7
Prosperity Farms Road between Northlake Boulevard and Burns 8
Road, which is designated as a Constrained Roadway at a Lower 9
Level of Service (CRALLS) facility (see Figure 4-5, Policies 1.3 10
and 1.4, and Table 11-1). 11
Transportation concurrency exception area(s) that are designated 12
in the comprehensive plans of the Village of North Palm Beach 13
and Palm Beach County. 14
15
16
17
Page 1 of 44
ORDINANCE NO. 2020-06 1
2
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 3
NORTH PALM BEACH, FLORIDA, AMENDING THE VILLAGE’S LAND 4
DEVELOPMENT REGULATIONS; AMENDING CHAPTER 6, “BUILDINGS 5
AND BUILDING REGULATIONS,” TO ALLOW ENCROACHMENTS IN 6
EASEMENTS UNDER SPECIFIED CIRCUMSTANCES, MODIFY THE 7
PROCEDURES APPLICABLE TO APPEARANCE REVIEW AND ADOPT A 8
SITE PLAN AND APPEARANCE REVIEW PROCEDURE; AMENDING 9
CHAPTER 17, “LICENSES AND BUSINESS REGULATIONS,” TO ALLOW 10
HOME OCCUPATIONS WITHIN SPECIFIED COMMERCIAL DISTRICTS; 11
AMENDING CHAPTER 19, “OFFENSES AND MISCELLANEOUS 12
PROVISIONS,” TO REFERENCE MIXED USE ZONING WITHIN THE NOISE 13
REGULATIONS; AMENDING CHAPTER 21, “PLANNING AND 14
DEVELOPMENT,” TO PROVIDE PUBLIC NOTICE FOR WAIVERS AND 15
MODIFY PROCEDURAL REQUIREMENTS; AMENDING CHAPTER 27, 16
“TREES AND SHRUBBERY,” TO DELETE ARTICLE III, “LANDSCAPING;” 17
AMENDING APPENDIX A, “APPEARANCE PLAN,” TO RECOGNIZE 18
CHANGES TO DISTRICT REGULATIONS, ENCOURAGE SPECIFIC 19
ARCHITECTURAL STYLES AND MODIFY THE CRITERIA; AMENDING 20
APPENDIX B (CHAPTER 36), “SUBDIVISIONS,” TO REMOVE CONFLICTS 21
WITH NEW ZONING REGULATIONS; AMENDING APPENDIX C 22
(CHAPTER 45), “ZONING,” BY: AMENDING ARTICLE I, “IN GENERAL,” 23
TO MODIFY THE DEFINITIONS AND CONFLICT PROVISIONS; 24
AMENDING ARTICLE II, “GENERALLY,” TO IDENTIFY CHANGES TO 25
THE NAMES OF CERTAIN ZONING DISTRICTS AND THE ELIMINATION 26
OF OTHERS AND MODIFY THE SIMILAR USE AND SPECIAL EXCEPTION 27
PROCEDURES; AMENDING ARTICLE III, “DISTRICT REGULATIONS,” BY 28
AMENDING SECTION 45-31 TO CHANGE THE NAME OF THE C-A 29
COMMERCIAL DISTRICT TO THE C-MU US-1 MIXED USE DISTRICT, 30
MODIFY THE REGULATIONS INCLUDING PERMITTED AND SPECIAL 31
EXCEPTION USES AND APPLY SUCH REGULATIONS TO ALL 32
PROPERTIES CURRENTLY ZONED C-A; DELETING SECTION 45-31.1 TO 33
ELIMINATE THE C-B COMMERCIAL DISTRICT; DELETING SECTION 45-34
2 TO ELIMINATE THE C-1A LIMITED COMMERCIAL DISTRICT; 35
AMENDING SECTION 45-32.1 TO CHANGE THE NAME OF THE C-C 36
TRANSITIONAL COMMERCIAL DISTRICT TO THE C-T TRANSITIONAL 37
COMMERCIAL DISTRICT, MODIFY THE REGULATIONS INCLUDING 38
PERMITTED USES AND APPLY SUCH REGULATIONS TO ALL 39
PROPERTIES CURRENTLY ZONED C-C; AMENDING SECTION 45-33 TO 40
CHANGE THE NAME OF THE C-1 NEIGHBORHOOD COMMERCIAL 41
DISTRICT TO THE C-S SHOPPING DISTRICT, MODIFY THE 42
REGULATIONS INCLUDING PERMITTED AND SPECIAL EXCEPTION 43
USES, AND APPLY SUCH REGULATIONS TO ALL PROPERTIES 44
CURRENTLY ZONED C-1; AMENDING SECTION 45-34 TO CHANGE THE 45
NAME OF THE COMMERCIAL DISTRICT TO THE C-G GENERAL 46
COMMERCIAL DISTRICT, MODIFY THE REGULATIONS AND APPLY 47
SUCH REGULATIONS TO ALL PROPERTIES CURRENTLY ZONED 48
Page 2 of 44
COMMERCIAL; AMENDING SECTION 45-35.1 TO MODIFY THE 1
REGULATIONS APPLICABLE TO PLANNED UNIT DEVELOPMENTS; 2
AMENDING SECTION 45-35.2 TO RENAME THE C-OS CONSERVATION 3
AND OPEN SPACE DISTRICT TO THE OS CONSERVATION AND OPEN 4
SPACE DISTRICT; AMENDING SECTION 45-35.3 TO ELIMINATE THE 5
NORTHLAKE BOULEVARD OVERLAY ZONING DISTRICT AND CREATE 6
A NEW C-NB NORTHLAKE BOULEVARD COMMERCIAL DISTRICT AND 7
MODIFY THE REGULATIONS INCLUDING PERMITTED AND SPECIAL 8
EXCEPTION USES; AMENDING SECTION 45-36 TO REVISE THE OFF-9
STREET PARKING REGULATIONS, THE HEIGHT REGULATIONS AND 10
THE OUTDOOR SEATING REGULATIONS; AMENDING SECTION 45-38 11
TO MODIFY THE I-1 LIGHT INDUSTRIAL ZONING REGULATIONS 12
RELATING TO OUTDOOR RUNS AND DOG EXERCISE AREAS; 13
RENAMING ARTICLE VI, “AMENDMENTS —FEES; WAITING PERIODS,” 14
TO “REZONINGS; VARIANCES; WAIVERS,” AND MODIFY ING THE 15
REGULATIONS APPLICABLE TO REZONINGS AND VARIANCES AND 16
ADOPTING NEW REGULATIONS FOR WAIVERS WITHIN THE C-MU AND 17
C-NB ZONING DISTRICTS; AMENDING ARTICLE VII, “NON-18
CONFORMING USES OF LAND AND STRUCTURES,” TO ALLOW THE 19
EXTENSION AND ENLARGEMENT OF NON-CONFORMING USES AND 20
STRUCTURES UNDER SPECIFIED CIRCUMSTANCES; AND ADOPTING A 21
NEW ARTICLE VIII, “LANDSCAPING,” TO MODIFY AND UPDATE THE 22
CURRENT LANDSCAPING REQUIREMENTS FOR MULTI-FAMILY, 23
MIXED USE, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS; 24
UPDATING CROSS-REFERENCES; PROVIDING FOR CODIFICATION; 25
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; 26
PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 27
28
WHEREAS, in August 2015, the Village contracted with the Treasure Coast Regional Planning 29
Council (“TCRPC”) to develop a master plan for future infill development and redevelopment 30
within its corporate limits, as well as a community-based vision for economic growth; and 31
32
WHEREAS, from January 30, 2016 through February 5, 2016, TCRPC conducted a week-long 33
economic development and urban design charrette to assist the Village in accomplishing its goals; 34
and 35
36
WHEREAS, working with members of the public and other interested parties, TCRPC created its 37
report, and through the adoption of Resolution No. 2016-73 on October 27, 2016, the Village 38
Council formally adopted “The Village of North Palm Beach Citizens’ Master Plan Report dated 39
October 20, 2016” prepared by the TCRPC, including the recommendations contained therein, as 40
setting forth the guiding principles for future development within the Village; and 41
42
WHEREAS, one of the Master Plan’s key recommendations is to develop a form-based code for 43
the Village’s commercial corridors, and the Village retained the firm of Dover, Kohl & Partners, 44
and its consultant, Spikowski Planning Associates, to develop the form-based code for the 45
Village’s commercial zoning districts and 46
47
Page 3 of 44
WHEREAS, the Village Council wishes to amend its land development regulations to adopt the 1
form-based code prepared by the Village’s consultants, in addition to certain other revisions 2
recommended by Village residents, Village Staff, and the Village’s advisory boards; and 3
4
WHEREAS, on July 7, 2020, the Planning Commission, sitting as the Local Planning Agency, 5
conducted a public hearing to review this Ordinance and provide a recommendation to the Village 6
Council; and 7
8
WHEREAS, having considered the recommendation of the Planning Commission and conducted 9
all required advertised public hearings, the Village Council determines that the adoption of this 10
Ordinance is in the interests of the health, safety and welfare of the residents and citizens of the 11
Village of North Palm Beach. 12
13
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE 14
OF NORTH PALM BEACH, FLORIDA as follows: 15
16
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. 17
18
Section 2. The Village Council hereby amends Chapter 6, “Buildings and Building 19
Regulations,” of the Village Code of Ordinances to read as follows (additional language is 20
underlined and deleted language is stricken through): 21
22
ARTICLE I. IN GENERAL. 23
24
Sec. 6-1. Construction on public land prohibited. 25
26
It shall be unlawful for any person to erect or maintain, or to permit the 27
erection or maintenance of any structure of any kind, including a wall upon, across, 28
over or under any portion of any publicly dedicated utility or drainage easement 29
area in the village unless the person has received the approval of and/or executed 30
encroachment agreements with all easement holders and received approval from 31
the village. This prohibition does not apply to sidewalks or paths of any kind that 32
are lawfully placed under overhead wires. 33
34
* * * 35
36
ARTICLE III. APPEARANCE CODE. 37
38
DIVISION 1. GENERALLY. 39
40
Sec. 6-30. Short title. 41
42
This article, including any regulation hereafter adopted, shall hereafter be 43
known, cited and referred to as the "Appearance Code." 44
45
Sec. 6-31. Definition. 46
47
The term "external architectural feature" is defined to mean the architectural 48
style, color and general arrangement of such portion of a building or structure, 49
Page 4 of 44
including signs and accessory structures, as is designed to be open to view from a 1
public street, place or way, or from adjoining premises. 2
3
Sec. 6-32. Intent and purposes. 4
5
This appearance code is adopted for the following purposes: 6
7
(1) To promote the public health, safety, morals, comfort and general 8
welfare of the citizens of the village. 9
10
(2) To enhance the values of property throughout the village. 11
12
(3) To protect and to stabilize the general appearance of public and private 13
buildings, structures, landscaping, and open areas, in the multiple 14
dwelling, commercial and public zoning districts of the village. 15
16
(4) To ensure insure adequate light, air and privacy for property in the 17
multiple dwelling, commercial and public zoning districts of the village. 18
19
(5) To encourage and promote acceptability, attractiveness, cohesiveness 20
and compatibility of new buildings, developments, remodeling and 21
additions so as to maintain and improve the established standards of 22
property values within the for multiple-dwelling, commercial, mixed-23
use, and industrial buildings. and public zoning districts of the village. 24
25
Sec. 6-33. Appearance plan. 26
27
The village hereby adopts by reference thereto the appearance plan attached 28
as exhibit A to Ordinance No. 3-72 of the village. The appearance plan is set forth 29
at length in Appendix A of this Code. The appearance plan will be applied through 30
the site plan and appearance review process described in this chapter. 31
32
Sec. 6-34. Reserved. 33
34
Sec. 6-35. Appeals and review. 35
36
The applicant or any interested party may file an appeal to the village council 37
on any final ruling by the planning commission made pursuant to this article. An 38
appeal shall be on forms provided by the village. The appeal shall be filed or made 39
within ten (10) days after decision of the planning commission. Appeals shall set 40
forth the alleged inconsistency or nonconformity with procedures or criteria set 41
forth in this article or standards set forth in or pursuant to this article. Appeals filed 42
pursuant to this section shall be based solely on the record of the proceedings before 43
the planning commission and the village council shall not conduct a de novo 44
review. The village council shall decide an appeal within thirty (30) forty-five (45) 45
days of the filing of such appeal unless an extension of time is consented to by the 46
applicant, and such filing shall suspend any building permit issued pursuant to the 47
ruling of the planning commission until the village council has decided the appeal. 48
Page 5 of 44
The village council may review any decision of the planning commission issued 1
pursuant to this article and their council’s disposition of the matter shall be final. 2
3
Sec. 6-36. Powers and duties of planning commission concerning the 4
appearance code. 5
6
The planning commission shall have the following powers and duties: 7
8
(1) To hold public hearings on and make recommendations for amendments 9
to the appearance plan. 10
11
(2) To consult with and cooperate with the planning and zoning advisory 12
board, the beautification committee and other committees and village 13
departments, and any other municipal or governmental bodies, on 14
matters affecting the appearance of the village. 15
16
(3) To study exterior design drawings, landscape and site plans and 17
materials for any proposed public buildings, public works, or other 18
public improvements and to make recommendations to the council or 19
village manager as to the architectural or aesthetic aspects thereof. 20
21
(4) To study and review preliminary and final plats and make 22
recommendations to the planning and zoning advisory board and the 23
village council. 24
25
(5) To hold site plan and appearance review hearings, when required, on the 26
issuance of certificates of appropriateness as provided in section 6-59, 27
in connection with questions pertaining to applications for building 28
permits and to issue or deny site plan and appearance approval for 29
multiple-dwelling, commercial, mixed-use, and industrial buildings 30
such certificates pursuant to the provisions of this division and the 31
appearance plan in Appendix A of this code. such section 6-59. 32
33
* * * 34
35
DIVISION 3. SITE PLAN AND APPEARANCE REVIEW CERTIFICATE 36
OF APPROPRIATENESS 37
38
Sec. 6-56. Application requirements. Preliminary consideration. 39
40
Applications for site plan and/or appearance review must include sufficient 41
information to demonstrate compliance with all village requirements. Plans must 42
be professionally prepared and drawn to scale with accurate dimensions, and must 43
include the following unless waived by the community development director: 44
45
(1) The application must be signed by the landowner, or must include a 46
statement signed by an agent, under oath, indicating authorization by 47
the owner(s) to secure site plan and appearance approval. 48
49
Page 6 of 44
(2) A boundary sketch including the total area, dimensions, and legal 1
description for the property. The community development director may 2
require a survey if deemed necessary to facilitate review of the 3
application. 4
5
(3) A site plan showing all proposed improvements, including not limited 6
to, existing and proposed parking spaces, access aisles, driveways, and 7
access points to external streets or adjoining properties. The plan shall 8
show the existing structures and all proposed development, with 9
sufficient detail as to the size and appearance of all structures and 10
improvements to indicate compliance with all village requirements and 11
regulations, including the appearance plan. The plans shall also show 12
all structures within two hundred (200) feet of the property. 13
14
(4) Conceptual civil plans showing proposed changes affecting drainage 15
and utilities. Final civil plans shall be provided during the permitting 16
process. 17
18
(5) Elevations or renderings of proposed structures and landscaping as 19
required by the community development department. 20
21
(6) Landscape plans that comply with section 45-86. 22
23
(7) Photometric plans as required by the community development 24
department. 25
26
(8) Written narrative explaining the proposed development and its 27
consistency with the village appearance plan, village code, and village 28
comprehensive plan. 29
30
(9) Other relevant information as requested by the community development 31
department. 32
33
The planning commission shall, at the written request of a prospective 34
applicant for a certificate of appropriateness, give consideration to preliminary 35
exterior drawings, sketches, landscape and site plans and materials on a specific 36
project before a formal application is filed, and shall provide such advice, counsel, 37
suggestions and recommendations on matters pertaining to aesthetics as they may 38
deem necessary to guide such prospective applicant in the development of a plan 39
which would comply with the requirements and purposes of the appearance plan; 40
except that the planning commission shall act in an advisory capacity only, with 41
regard to preliminary plans, and shall provide consultation only on projects for 42
which preliminary drawings and materials are furnished by such prospective 43
applicant, and shall not participate in the development of the basic concept, plans 44
or drawings. Upon finding the preliminary exterior drawings, sketches, landscape 45
and site plans and materials are appropriate to, or compatible with, the character of 46
the immediate neighborhood and will tend to effect the general purposes of the 47
appearance plan, the board will issue a preliminary approval. Such approval will be 48
irrevocable, and makes the issuance of the certificate of appropriateness mandatory 49
Page 7 of 44
upon application, unless the final presentation does not comply in all respects with 1
the preliminary presentation upon which the preliminary approval was based. 2
3
Sec. 6-57. Final Site Plan and Appearance Hearings. 4
5
Upon filing of an complete application for site plan and appearance approval 6
building permit for a multifamily, or commercial, mixed-use, or industrial building 7
or structure, the community development department shall schedule the application 8
for a hearing before the planning commission. The fact that an application for a 9
certificate of appropriateness has been filed shall not be cause for the community 10
development department to delay the review of plans relating to the building and 11
zoning aspects of the project, while the application is pending. The planning 12
commission shall establish regularly scheduled monthly meetings at which to 13
review all site plan and appearance applications. Applications shall be submitted at 14
least fourteen (14) days prior to the scheduled monthly meetings, or as otherwise 15
determined by the community development director, in order to be considered at 16
that scheduled monthly meeting. The community development department shall 17
prepare an agenda containing a list of all applications filed for each scheduled 18
monthly meeting, which shall be submitted to all members of the planning 19
commission at least five (5) days prior to the scheduled monthly meetings. The 20
community development department shall further notify each applicant of the date 21
and time of a hearing on his application, in writing, which notice shall be mailed at 22
least five (5) days prior to such hearing. If the application includes a request for a 23
special exception (section 45-16.2), variance (section 45-50), or waiver (section 45-24
51), the hearing shall be considered a formal public hearing and notice shall be 25
provided in accordance with section 21-3. Upon such hearing, the planning 26
commission shall consider the application for building permit site plan and 27
appearance approval and any related requests for special exceptions, variances, or 28
waivers and may review receive additional evidence (such as the exterior 29
renderings) from the applicant or his agent or attorney. The planning commission 30
shall consider reports and testimony and from village staff, the applicant, and or 31
other persons as to whether the site plan and external architectural features of the 32
proposed building or structure comply with the appearance plan and meet relevant 33
village land development regulations. 34
35
Sec. 6-58. Action of planning commission. 36
37
Upon consideration of an application, the planning commission shall issue 38
site plan and appearance approval a certificate of appropriateness to the community 39
development department upon a finding that the plan conforms to the village 40
appearance plan and other relevant land development regulations. This approval 41
may contain special conditions in response to unusual aspects of the application or 42
to ensure that the approval carries out village policies and codes without undue 43
permitting delays. and that the proposed building or structure is appropriate to, and 44
compatible with, the character of the immediate neighborhood and will not cause a 45
substantial depreciation in property values. If the planning commission determines 46
that these criteria are not met, the planning commission may shall provide such 47
advice, counsel, suggestions and recommendations on matters pertaining to 48
aesthetics as it may deem necessary to guide the prospective applicant in the 49
Page 8 of 44
development of a plan which would comply with the requirements and purposes of 1
the appearance plan and other village land development regulations. If preliminary 2
hearings have been held on the project for which application is being made, and 3
preliminary approval has been issued by the planning commission as provided in 4
section 6-56, the planning commission shall issue a certificate of appropriateness 5
immediately, provided that the final drawings, plans and material as presented 6
comply in all respects with the preliminary presentation upon which the preliminary 7
approval was based. 8
9
Sec. 6-59. Approval by planning commission. 10
11
The planning commission shall issue a certificate of appropriateness upon a 12
concurring vote of at least three (3) members. No building or other permit, 13
otherwise required under the ordinances of the village, for the erection, 14
construction, alteration or repair of any building or structure in a multiple-dwelling, 15
commercial or public zoning district shall be approved by the community 16
development director except upon the granting of site plan and appearance approval 17
a certificate of appropriateness by the planning commission, or on appeal, granted 18
by the village council (see section 6-35). The foregoing requirements shall not 19
preclude the issuance of a building permits without such approval certificate if the 20
community development director shall determines that any of the following apply: 21
22
(1) The permits are for a single-family dwelling and/or normal accessory 23
buildings or structures on the same lot; or 24
25
(2) The permits are for a village-owned facility; or 26
27
(3) No external architectural feature as defined in section 6-31 is involved 28
in the work for which the building permit is sought, and the proposed 29
work would be in full compliance with all requirements of this code; or. 30
31
(4) Any deviations from a valid site plan and appearance approval are minor 32
and not substantial or had been authorized by conditions placed on the 33
site plan and appearance approval. Unless authorized by prior 34
conditions, the following types of deviations may never be considered 35
minor or not substantial: increasing residential density; increasing the 36
horizontal or vertical size of a building; and/or adding land uses that had 37
previously been excluded. The director must document any such 38
determination with an explanation of why is was deemed minor or had 39
been authorized. The director must forward this determination to the 40
planning commission, and also to the village council if the site plan and 41
appearance approval had been appealed to the village council. 42
43
Sec. 6-60. Follow-up by community development department. 44
45
Upon the granting of site plan and appearance approval, a certificate of 46
appropriateness, the community development director will retain the exterior 47
drawings, sketches, landscape and site plans, renderings and materials upon which 48
such approval certificate was granted shall be turned over to the community 49
Page 9 of 44
development department whose responsibility it shall be to determine, from time to 1
time as the project is in progress and finally upon its completion, that there have 2
been no unauthorized deviations from the evidence upon which the granting of the 3
approval certificate of appropriateness was originally based. The community 4
development department shall not issue a certificate of occupancy or final 5
inspection approval for any building or structure where there have been any 6
unauthorized deviations from the site plan and appearance approval. 7
8
Section 3. The Village Council hereby amends Chapter 17, “Licenses and Miscellaneous 9
Business Regulations,” of the Village Code of Ordinances by amending Article I to read as follows 10
(additional language is underlined and deleted language is stricken through): 11
12
ARTICLE I. IN GENERAL 13
14
* * * 15
16
Sec. 17-3. Home occupations. 17
18
(a) Home occupations as permitted uses. Home occupations shall be 19
permitted uses within R-1 Single-family Dwelling District, R-2 20
Multiple-family Dwelling District, and R-3 Apartment Dwelling 21
District, C-MU and C-3 mixed-use districts, and mixed-use 22
Residential/Commercial PUDs. 23
24
Section 4. The Village Council hereby amends Chapter 19, “Offenses and Miscellaneous 25
Provisions,” of the Village Code of Ordinances by amending Article VI to read as follows 26
(additional language is underlined and deleted language is stricken through): 27
28
ARTICLE VI. NOISE CONTROL 29
30
Sec. 19-99. Definitions. 31
32
For the purposes of this article, whenever any of the following words, terms 33
or definitions are used herein they shall have the meanings ascribed to them in this 34
section except where the context requires otherwise: 35
36
37
* * * 38
39
Unreasonable noise means any noise in or emanating from any property 40
located within the corporate limits of village which violates the provisions of 41
this article. 42
43
(a) For noise emanating from property with a commercial, mixed-use, or 44
light industrial zoning designation, unreasonable noise shall be defined 45
as any noise emanating from the property which equals or excess a 46
measured sound level of sixty-five (65) dBA between the hours of 10:00 47
p.m. and 8:00 a.m. Sunday through Thursday, a measured sound level 48
in excess of eighty-five (85) dBA between the hours of 8:00 a.m. and 49
Page 10 of 44
10:00 p.m. Sunday through Thursday; and a measured sound level 1
which equals or exceeds sixty-five (65) dBA between the hours of 11:00 2
p.m. and 8:00 a.m. Friday through Saturday and a measured sound level 3
meeting or exceeding eighty-five (85) dBA between the hours of 8:00 4
a.m. and 11:00 p.m. Friday through Saturday. 5
6
(b) For noise emanating from property with a commercial, mixed-use, or 7
light industrial zoning designation which shares any portion of its 8
boundary with a property with a residential zoning designation, 9
unreasonable noise shall be defined as any noise emanating from the 10
property which equals or exceeds a measured sound level of sixty (60) 11
dBA between the hours of 10:00 p.m. and 8:00 a.m. Sunday through 12
Thursday, a measured sound level in excess of seventy (70) dBA 13
between the hours of 8:00 a.m. and 10:00 p.m. Sunday through 14
Thursday; and a measured sound level which equals or exceeds sixty 15
(60) dBA between the hours of 11:00 p.m. and 8:00 a.m. Friday through 16
Saturday and a measured sound level meeting or exceeding seventy (70) 17
dBA between the hours of 8:00 a.m. and 11:00 p.m. Friday through 18
Saturday. 19
20
(c) For noise emanating from property with a residential zoning 21
designation, unreasonable noise shall be defined as noise that is plainly 22
audible one hundred and fifty (150) feet from the property boundary of 23
the source of the sound or noise, measured on a horizontal plane. 24
Notwithstanding the foregoing, noise shall be considered unreasonable 25
when it is plainly audible through the external walls and fully closed 26
windows and doors of a residential structure or through walls, floors or 27
partitions common to two (2) residential units located within a single 28
structure. 29
30
(d) Noise shall be measured from the property boundary closest to the 31
source of noise with a sixty (60) second reading. Where the property 32
boundary abuts a waterway, the property boundary shall be considered 33
the opposite side of the waterway and not the actual seawall or bulkhead. 34
35
Section 5. The Village Council hereby amends Chapter 21, “Planning and Development,” of 36
the Village Code of Ordinances to read as follows (additional language is underlined and deleted 37
language is stricken through): 38
39
ARTICLE I. IN GENERAL 40
41
* * * 42
43
Sec. 21-3. Public notice requirements for development applications and 44
approvals. 45
46
(a) Requirements. In addition to those requirements imposed by state law, public 47
notice shall be provided as set forth below: 48
Page 11 of 44
1
Planning Commission/LPA/ Zoning Board of Adjustment
Village Council
Mail* News-
paper* Post* Mail* Newspaper Post*
Rezoning 10 7 15 10 Statutory notice for ordinance adoption 15
Large-scale Comprehensive Plan Amendment
10 7 15 10 Statutory notice for ordinance adoption 15
Small-scale Comprehensive Plan Amendment
10 7 15 10 Statutory notice for ordinance adoption 15
Variance** 7 7 10 N/A N/A N/A
Waiver*** 7 7 10 10 7 15
Planned Unit Development 10 7 15 10 Statutory notice for ordinance adoption 15
Special Exception Use 7
10
7 10
15
10 Notice of public hearing 7 days prior to hearing or statutory notice for ordinance adoption (if within a PUD)
15
* Number of calendar days prior to date of the first required public hearing. 2
** The notice requirements for variances shall include all variances relating to the zoning code 3
(Chapter 45), the dock and waterway regulations (Chapter 5), and the sign regulations (Chapter 4
6). 5
*** The notice requirements for waivers shall apply only to waivers requested pursuant to section 6
45-51 (Chapter 45). 7
8
(b) Mailing requirements. 9
10
(1) Contents. Unless otherwise required herein, mail notice of a public 11
hearing shall contain the following information: 12
13
a. Title and substance of proposed ordinance or development order; 14
15
b. Time, date and location of the public hearing; 16
17
c. Location of the property affected by the application with reference 18
to the nearest intersection of two (2) or more streets; 19
20
d. Name, address and telephone number of the office where 21
additional information can be obtained; and 22
23
Page 12 of 44
e. Location and times where proposed ordinance or development 1
order application may be reviewed. 2
3
(2) All notices shall be provided by first-class mail, unless otherwise 4
required by community development director. Mail notice shall be 5
postmarked no later than the minimum number of calendar days as 6
required in subsection (a) above. 7
8
(3) Mail for all privately initiated applications shall be provided to all 9
property owners of record, excluding property owned by the applicant, 10
within five hundred (500) feet of the property to which the development 11
order application or amendment relates. 12
13
(4) The list of property owners shall be derived from the most recent official 14
tax roll of Palm Beach County. The applicant shall provide an affidavit 15
attesting to the completeness and accuracy of the property owner's list. 16
17
(5) The applicant shall provide and mail all required notices, and provide 18
an affidavit that notice was sent to all property owners included in the 19
property owner's list. 20
21
(c) Posting requirements. 22
23
(1) The applicant shall provide the signs, subject to the criteria for size and 24
contents established by the community development director. 25
26
(2) The applicant shall install the signs in a workmanlike manner. All signs 27
should be installed so as to withstand normal weather events. 28
29
(3) The applicant shall post one (1) sign per five hundred (500) feet of lineal 30
right-of-way, with a minimum of one (1) sign per frontage. 31
32
(4) The applicant shall provide, at least three (3) days prior to the public 33
hearing, a photograph of the sign and an affidavit attesting to the date of 34
installation and the number of signs. 35
36
(d) Newspaper requirements. The applicant shall be responsible for all costs 37
associated with newspaper advertisements. 38
39
ARTICLE II. PLANNING COMMISSION 40
41
Sec. 21-11. Composition; conduct generally. 42
43
* * * 44
45
(d) Powers, duties. The planning commission shall have the following powers 46
and duties: 47
48
Page 13 of 44
(1) Perform any duties which lawfully may be assigned to it by the village 1
council. 2
3
(2) Perform any other duties which may be assigned to it under this Code. 4
5
(3) The planning commission of the village is hereby designated as the 6
governmental entity to act as the "local planning agency" in accordance 7
with chapter 163, Florida Statutes. 8
9
(4) The planning commission shall serve as the village’s board of 10
adjustment to consider variances and administrative appeals. 11
12
(5) The planning commission has additional duties that include site plan 13
and appearance review (see sections 6-30 through 6-60); the 14
responsibility to make recommendations on special exceptions (see 15
section 45-16.2); and the authority to approve waivers on land in the C-16
MU and C-NB zoning districts only (see section 45-51). 17
18
Sec. 21-12. - Changes to zoning ordinances. 19
20
(a) The village council may amend or supplement the regulations and districts 21
established by this code after receiving fixed by any zoning ordinance adopted 22
pursuant to this act (Local Government Comprehensive Planning and Land 23
Development Regulation Act) after referral and the recommendations of the 24
planning commission. Proposed changes may be suggested by the village 25
council or the village manager. Changes to zoning district boundaries may be 26
requested in accordance with section 45-49. , by the planning commission, or 27
by the petition of the owners of fifty-one (51) percent or more of the area 28
involved in the proposed change. In the latter case, the petitioners may be 29
required to assume the cost of public notice and other costs incidental to the 30
holding of public hearings. 31
32
(b) The planning commission, regardless of the source of the proposed change, 33
shall hold a public hearing or hearings thereon, with due public notice, but 34
shall in any case, if any change is to be considered by the planning 35
commission, submit in writing its recommendations on the proposed change 36
to the village council for official action. The village council shall hold a public 37
hearing thereon, with due public notice, if any change is to be considered and 38
shall then act on the proposed change. If the recommendation of the planning 39
commission is adverse to the proposed change, such change shall not become 40
effective except by an affirmative vote of a majority of the entire membership 41
of the village council, after due public notice. 42
43
Section 6. The Village Council hereby amends Chapter 27, “Trees and Shrubbery,” of the 44
Village Code of Ordinances to delete Article III, “Landscaping,” in its entirety and amend Article 45
II, “Trees in Swale Areas,” as follows (additional language is underlined and deleted language is 46
stricken through): 47
48
* * * 49
Page 14 of 44
1
Sec. 27-18. Variety and location. 2
3
* * * 4
5
(b) Swale trees shall be planted so as not to impede the flow and storage of 6
storm water. Swale trees shall be planted and maintained to provide safe 7
sight distances in accordance with section 27-66 45-90.C. Incidental 8
plantings of flowers may be planted and maintained without permit subject 9
to the same criteria described herein. 10
11
* * * 12
13
Section 7. The Village Council hereby amends Appendix A, “Appearance Plan,” of the 14
Village Code of Ordinances to read as follows (additional language is underlined and deleted 15
language is stricken through): 16
17
* * * 18
19
SECTION I – BASIS FOR THE APPEARANCE PLAN 20
21
The North Palm Beach Village Council adopted an Appearance Code, 22
Ordinance, Number 4-71, on May 27, 1971. This Ordinance provided for the 23
appointment of an Appearance Board which would concern itself with and act in 24
matters affecting the physical appearance of designated areas. 25
26
The Board was empowered to develop an Appearance Plan to serve as 27
standards or guidelines for physical developments in the village. The Plan as 28
amended, following public hearings, was adopted by the North Palm Beach Village 29
Council, by Ordinance Number 3-72, dated 10 Feb. 1972. 30
31
The Appearance Ordinance, and applicable sections of the Appearance Plan, 32
is will be administered through the Office of the North Palm Beach director of 33
community development. In 1977, the Planning Commission began serving as, with 34
the Appearance Board and continues to act acting upon matters relating to 35
appearance as authorized by the Appearance Plan and Code. 36
37
* * * 38
39
SECTION III – AREAS OF JURISDICTION 40
41
AREAS AND ELEMENTS UNDER JURISDICTION 42
43
The jurisdictional areas of the Appearance Plan Board are all areas within the 44
Village of North Palm Beach that are zoned: 45
46
R-1 SINGLE-FAMILY DWELLING DISTRICT — Applies to all usages 47
except single family and their normal accessory buildings 48
49
Page 15 of 44
R-2 MULTIPLE-FAMILY DWELLING DISTRICT 1
2
R-3 APARTMENT DWELLING DISTRICT 3
4
C-MU C-A US-1 MIXED-USE COMMERCIAL DISTRICT 5
6
CB COMMERCIAL DISTRICT 7
8
C1A LIMITED COMMERCIAL DISTRICT 9
10
C-T C-C TRANSITIONAL COMMERCIAL DISTRICT 11
12
C-S SHOPPING C1 NEIGHBORHOOD COMMERCIAL DISTRICT 13
14
C-G GENERAL C2 AUTOMOTIVE COMMERCIAL DISTRICT 15
16
C-3 REGIONAL MIXED-USE PUBLIC DISTRICT 17
18
P PUBLIC DISTRICT 19
20
OS C-OS CONSERVATION AND OPEN SPACE 21
22
I-1 LIGHT INDUSTRIAL DISTRICT 23
24
C-NBOZ NORTHLAKE BOULEVARD COMMERCIAL 25
OVERLAY ZONING DISTRICT 26
27
* * * 28
SECTION IV – CRITERIA FOR APPEARANCE 29
30
The purpose of these criteria is to establish a checklist of those items which 31
affect the physical aspect of the village environment. Pertinent to appearance is the 32
design of the site, building and structures, planting, signs, street hardware, and 33
miscellaneous other objects which are observed by the public. 34
35
These criteria are not intended to restrict imagination, innovation, or variety, 36
but rather to assist in focusing on design principles which can result in creative 37
solutions that will develop a satisfactory visual appearance within the village. 38
39
A. RELATIONSHIP OF BUILDINGS TO SITE 40
41
1. The site shall be planned to accomplish a desirable connection transition 42
with the streetscape, and to provide for adequate planting, pedestrian movement, 43
and parking areas. 44
45
2. Site planning in which setbacks and yards are in excess of zoning 46
restrictions is encouraged where such increases are permitted by the zoning code to 47
provide an interesting relationship between buildings. In zoning districts where a 48
Page 16 of 44
build-to line is used in lieu of front setbacks, building facades must be placed within 1
those build-to zones unless a waiver is obtained from the build-to requirements. 2
3
3. Parking areas shall be concealed where required by the zoning code or 4
treated with decorative elements, building wall extensions, plantings, berms or 5
other innovative means so as to largely screen parking areas from view from public 6
ways and adjoining properties. 7
8
4. The height and scale of each building shall be compatible with its site and 9
adjoining buildings except where redevelopment at higher intensities is anticipated 10
in a particular zoning district. 11
12
5. Newly installed utility services, and service revisions necessitated by 13
exterior alterations, shall be underground. 14
15
6. In relating buildings to site, the provisions of the Zoning Ordinance in 16
regard to bulk regulations, standards, and off-street parking shall be part of this 17
criteria. This shall also apply to subsection B which follows. 18
19
B. RELATIONSHIP OF BUILDING AND SITE TO ADJOINING AREA 20
21
1. Adjacent buildings of different architectural styles or character may shall 22
be made more compatible by such means as screens, site breaks, and materials. 23
24
2. Attractive landscape transitions to adjoining properties are encouraged. 25
shall be provided. 26
27
3. Harmony in texture, lines, and masses is required. Monotony shall be 28
avoided. 29
30
4. Buildings shall have similar scale to those in the surrounding area except 31
where redevelopment at higher intensities is anticipated in a particular zoning 32
district. 33
34
* * * 35
D. BUILDING DESIGN 36
37
1. Specific architectural styles are is not restricted mandated or banned, but 38
the village encourages new buildings to reflect or evolve the distinct local character 39
exemplified by the North Palm Beach Country Club Clubhouse, Village Hall and 40
the Public Safety Building. This character is derived from local and regional 41
examples including Anglo-Caribbean architecture, Florida vernacular, and 42
masonry modern. 43
44
2. Evaluation of appearance of a project shall be based on quality of its 45
design and relationship to surroundings. 46
47
Page 17 of 44
3. 2. Buildings shall have good scale and be in harmonious conformance 1
with permanent neighboring development. 2
3
4. 3. Materials shall have good architectural character and shall be selected 4
for harmony of the building with adjoining buildings. 5
6
a. Materials shall be selected for suitability to the type of buildings and 7
the design in which they are used. Buildings shall have the same 8
materials, or those which are architecturally harmonious, used for all 9
building walls and other exterior building components wholly or 10
partly visible from public ways and adjoining properties. 11
12
b. Inappropriate materials and methods, and those which will produce 13
inconsistency with the structure of the building, shall be avoided. 14
15
c. Materials shall be of durable quality. 16
17
d. In any design in which the structural frame is exposed to view, the 18
structural materials shall meet the other criteria for materials. 19
20
5. 4. Building components—such as windows, doors, eaves, and parapets—21
shall have good proportions and relationship to one another. 22
23
6. The village discourages walls without windows or with too few windows; 24
all-glass walls; and facades without visual interest or with entrances that are 25
concealed or absent. 26
27
7. 5. Colors shall be harmonious, with bright or brilliant colors used only for 28
accent. 29
30
8. 6. Mechanical equipment or other utility hardware on roof, ground, or 31
buildings shall be screened from public view with materials harmonious with the 32
building, or they shall be located so as not to be visible from any public ways, 33
including waterways, service alleys, and adjoining properties. 34
35
9. 7. Exterior lighting shall be part of the architectural concept. Fixtures, 36
standards and all exposed accessories shall be harmonious with building design. 37
38
10. 8. Refuse and waste removal areas, service yards, storage yards, and 39
exterior work areas shall be screened from public ways, including waterways, 40
service alleys, and adjoining properties, using materials as stated in criteria for 41
equipment screening. 42
43
11. 9. Monotony of design in single or multiple building projects shall be 44
avoided. Variation of detail, form, and siting shall be used to provide visual interest. 45
In multiple building projects, variable siting or individual buildings may be used to 46
prevent a monotonous appearance. 47
48
Page 18 of 44
12. 10. Inappropriate, incompatible, bizarre, and exotic designs shall be 1
avoided. 2
3
13. 11. The provisions of the North Palm Beach Village Code in regard to 4
bulk regulations and standards, and those portions of the Village Code which 5
directly affect appearance, shall be part of the criteria of this subsection. 6
7
* * * 8
9
Section 8. The Village Council hereby amends Appendix B (Chapter 36), “Subdivisions,” of 10
the Village Code of Ordinances to read as follows (additional language is underlined and deleted 11
language is stricken through): 12
13
* * * 14
15
ARTICLE III. DESIGN STANDARDS 16
17
* * * 18
19
Sec. 36‐18. Lots and blocks. 20
21
Lots and blocks shall be designed according to acceptable practice for the type 22
of development and use contemplated so as to be aesthetically acceptable; in 23
keeping with the topography and other site conditions and to provide adequate 24
traffic and utility access and circulation; acceptable use of space; provide privacy, 25
adequate drainage and protection of property. 26
27
(1) Lot size. The lot size, width, depth, shape and orientation, and the minimum 28
building setback lines shall be appropriate for the location of the subdivision 29
and for the type of development and use contemplated. Lot dimensions and 30
all building setback lines shall meet all standards for their zoning district. not 31
be less than the minimum standards established in the zoning ordinance. 32
33
(2) Reserved. Residence lots, minimum. 34
35
(a) Lots zoned, restricted, used or intended for use for residences shall have 36
a width of not less than eighty-five (85) feet at the setback line and an 37
area of not less than ten thousand, five hundred (10,500) square feet. 38
39
(b) Corner lots shall have a width of not less than ninety (90) feet at the 40
setback line and an area of not less than thirteen thousand (13,000) 41
square feet. 42
43
(3) Access. Each lot, for a minimum frontage distance of fifty-seven (57) feet, 44
shall abut on a public street. Lots may not be configured so that the portion 45
fronting on a public street is a narrow extension of the lot primarily for 46
vehicular or pedestrian access. This requirement shall not be construed to 47
prohibit private streets within developments where the land remains under 48
Page 19 of 44
one ownership. The subdivision shall be so designed that remnants and land-1
locked areas shall not be created. 2
3
(4) Lot lines. Side lot lines shall be, as nearly as practical, at ri ght angles to 4
straight street lines and radial to curved street lines. No lot shall be divided by 5
a municipal boundary. 6
7
(5) Double frontage lots. Double frontage, and reverse frontage lots, shall be 8
avoided except where essential to provide separation of residential 9
development from traffic arteries or to overcome specific disadvantages of 10
topography and orientation. A planting screen easement of at least twenty (20) 11
feet, and across which there shall be no right of vehicular access, shall be 12
provided along the line of lots abutting such traffic artery or other 13
inharmonious use. 14
15
(6) Block lengths. Block lengths shall not exceed fourteen hundred (1400) feet 16
or be less than three hundred (300) feet, as measured between center lines of 17
bounding streets. See section 36-19(16) for streets ending in culs-de-sac. 18
19
Sec. 36‐19. Streets. 20
21
The arrangement, character, extent, width, grade and location of all streets 22
shall conform to the comprehensive plan now in existence or as may hereafter be 23
adopted, and shall be considered in their relation to existing and planned streets, to 24
topographical conditions, to public convenience and safety, and in their appropriate 25
relation to the proposed uses of the land to be served by such streets. 26
27
Where such is not shown in the comprehensive plan now in existence or as 28
may be hereafter adopted, the arrangement of streets in a subdivision shall either: 29
(a) Provide for the continuation or appropriate projection of existing major streets 30
in surrounding areas, or (b) conform to a plan for the neighborhood or be aligned 31
to meet a particular situation where topographical or other conditions make 32
continuance or conformance to existing streets impracticable. 33
34
All streets to be established within a subdivision shall meet the following 35
minimum design standards: 36
37
* * * 38
39
(5) Minimum street design specifications. All streets to be established in a 40
subdivision shall be designed in accordance with the following minimum 41
specifications: 42
43
Collector
Street
Local
Street
Marginal
Access
Minimum right-
of-way 80 ft. 60 ft. 40 ft.
Percent grade of
roadway center
line (minimum):
0.30% 0.30% 0.30%
Page 20 of 44
Geometric design shall comply with the latest AASHTO requirements,
or as specified in zoning district standards.
1
* * * 2
3
ARTICLE IV. REQUIRED IMPROVEMENTS 4
5
* * * 6
7
Sec. 36‐29. ‐ Sidewalks. 8
9
A system of sidewalks shall be provided by the subdivider to provide for safe 10
movement of pedestrians separate from motor vehicle traffic. Except as provided 11
below, sidewalks shall be provided along both sides of all streets, and along all 12
streets where adjacent land is zoned or otherwise designated to be used for multiple-13
family dwelling purposes or for mixed-use, commercial, and/or office purposes. As 14
an alternative, and as approved by the village council, sidewalks in residential areas 15
may be provided within common open areas. 16
17
Sidewalks shall be constructed per standards established by chapter [24], 18
village Code. 19
20
Section 9. The Village Council hereby amends Appendix C (Chapter 45), “Zoning,” of the 21
Village Code of Ordinances by amending Section 45-2, “Definitions,” of Article I, “In General,” 22
to read as follows (additional language is underlined and deleted language is stricken through): 23
24
Sec. 45-2. Definitions. 25
26
For the purpose of this code ordinance, certain words and terms are defined 27
as follows: 28
29
Dwelling unit is a single unit providing complete, independent living facilities 30
for one (1) or more persons including permanent provisions for living, sleeping, 31
eating, cooking and sanitation. For purposes of computing residential density in 32
commercial zoning districts that allow mixed uses, a dwelling unit that contains 33
only one bedroom, or no separate bedroom, will be counted as one-half a dwelling 34
unit. 35
36
Liner building means a separate building along a street or other public space 37
that hides parking or blank walls from view. 38
39
Medical or dental office or clinic means a facility providing health care 40
services to the public by physicians, dentists, chiropractors, osteopaths, physical 41
therapists, nurses, acupuncturists, podiatrists, optometrists, psychiatrists, 42
veterinarians, or others who are duly licensed to practice their respective medical 43
or dental profession in the State of Florida, as well as those technicians and 44
assistants who are acting under the supervision and control of a licensed health care 45
practitioner. These uses shall not include establishments where patients are lodged 46
overnight and are subject to additional regulations regarding the dispensing of 47
Page 21 of 44
controlled substances set forth in section 45-36.S of this chapter. Notwithstanding 1
the foregoing, accessory uses for veterinary clinics include day and overnight 2
boarding for patients and outside runs and exercise areas for dogs. 3
4
Mixed-use commercial means a development pattern where complementary 5
uses of land are located within walking distances. Complementary uses may include 6
combination of retail commercial; and non-retail commercial such as offices; 7
lodging uses; civic and education uses; and dwellings other than one-family 8
detached dwellings. businesses where non-retail tenants comprise fifty (50) percent 9
or more of the gross floor area. Any combination of retail and non-retail businesses 10
where the retail component comprises fifty (50) percent or more of the gross floor 11
area shall be classified as a retail commercial facility. 12
13
Use group means any of the four groups of allowable uses that certain zoning 14
districts employ to define uses that are permitted by right, permitted by special 15
exception only, or are not permitted in that zoning district. The four groups are 16
Residential Uses, Lodging Uses, Business Uses, and Civic & Education Uses. The 17
following terms are used in these use groups: 18
19
RESIDENTIAL USE-GROUP DEFINITIONS: 20
21
Mobile home park is defined earlier in section 45-2. 22
23
Dwelling, one family detached (single-family dwelling) is a building 24
containing one dwelling unit that is not attached to any other dwelling by any 25
means (see definition of dwelling and dwelling unit earlier in section 45-2). 26
27
Dwelling, all other dwelling types (see definition of dwelling and 28
dwelling unit earlier in section 45-2). 29
30
Live/work unit is a single dwelling unit in a detached building, or in a 31
multifamily or mixed-use building, that also accommodates permitted 32
commercial uses within the dwelling unit. 33
34
Assisted living facility is defined earlier in section 45-2. 35
36
Community Residential Home is defined earlier in section 45-2. 37
38
LODGING USE-GROUP DEFINITIONS: 39
40
Bed and breakfast establishment is a dwelling unit or guest rooms 41
personally and physically operated and occupied by an owner or manager 42
where transient guests are permitted to reside and are provided breakfast in 43
exchange for payment. 44
45
Hotel is a facility offering transient lodging accommodation to the 46
general public and which may include additional facilities and services such 47
as restaurants, meeting rooms, entertainment, personal services, and 48
recreational facilities. 49
Page 22 of 44
Motel is defined earlier in section 45-2. 1
2
Time-share unit is defined earlier in section 45-2. 3
4
BUSINESS USE-GROUP DEFINITIONS: 5
6
Offices, general is a room or group of rooms used to conduct the affairs 7
of a business, profession, service, or government and generally furnished with 8
desks tables, files, and communication equipment. A medical or dental office 9
or clinic is not considered ‘Offices, general’ for purposes of this code. 10
11
Office or clinic, medical or dental (see definition of medical or dental 12
office or clinic earlier in section 45-2; also see additional regulations in 13
subsections 45-36.S and 45-36.T). 14
15
Stores & services, general means establishments that sell food or 16
merchandise or provide personal or professional services, including but not 17
limited to the following uses that are defined earlier in section 45-2: drug 18
store; non-retail commercial; office or clinic, medical or dental; personal care; 19
pharmacy; and retail commercial. The following uses are not considered 20
‘Stores & services, general’ for purposes of this code: 21
22
Stores & services, large format 23
Adult entertainment 24
Contractor and trade operation 25
Convenience store with fuel 26
Dog daycare 27
Drive-through facility (for any use) 28
Garage, parking 29
Heavy commercial and light industrial 30
Limited access self-storage facilities 31
Medical marijuana treatment center 32
Medical marijuana treatment center dispensing facility 33
Restaurant or cocktail lounge 34
Telecommunications antenna 35
Vehicle sales or repair 36
37
Stores & services, large format has the same meaning as ‘Stores & 38
services, general’ as defined by this code, except that the establishment 39
contains over 50,000 square feet of enclosed floor area. 40
41
Adult Entertainment is defined earlier in section 45-2. 42
43
Brewery with offsite distribution is an establishment primarily engaged 44
in the production and distribution of beer, ale or other malt beverages, and 45
which may include accessory uses such as tours of the brewery, retail sales, 46
and/or on-site consumption, e.g., a “taproom.” 47
48
Page 23 of 44
Contractor and trade operation is an establishment that is primarily 1
engaged in providing an off-site service but which maintains a business office 2
and inventory or equipment at a central location, such as a general contractor 3
or subcontractor, pest control operator, caterer, surveyor, etc. 4
5
Convenience store with fuel is an establishment that provide limited 6
services primarily to the motoring public such as fuel sales, car washing, or 7
car detailing, and that may also sell merchandise including food and 8
beverages. 9
10
Dog daycare is an establishment providing daytime care and training 11
for domestic dogs and other pets. 12
13
Drive-through facility is any establishment that provides physical 14
facilities which allow its customers to obtain food or goods, receive services, 15
or be entertained while remaining in their vehicles. 16
17
Garage, Parking. A building or structure or portion thereof used 18
exclusively for the storage or parking of automobiles. Service other than 19
storage shall be limited to refueling, lubrication, and detailing. 20
21
Heavy commercial and light industrial is any commercial or industrial 22
use that the Village of North Palm allows only in the C-G and I-1 zoning 23
districts or does not allow in any zoning district, including but not limited to: 24
25
Contractor and trade operation 26
Junkyard 27
Kennel (commercial) 28
Limited access self-storage facility 29
Light manufacturing 30
Vehicle sales or repair 31
Warehouse 32
33
Limited access self-storage facility is an enclosed structure primarily for 34
indoor storage. 35
36
Medical marijuana treatment center is defined earlier in section 45-2. 37
38
Medical marijuana treatment center dispensing facility is defined in in 39
section 45-38 and prohibited in section 45-39. 40
41
Restaurant or cocktail lounge is an establishment where food and drink 42
are prepared, served, and consumed mostly within the principal building; 43
outdoor seating is subject to separate provisions in this code. A brewpub or 44
brewery taproom shall be considered a restaurant or lounge provided that 45
there is no offsite distribution or wholesaling. 46
47
Page 24 of 44
Telecommunications antenna include antenna towers (see definition of 1
antenna and antenna tower earlier in section 45-2). 2
3
Vehicle sales or repair includes any establishment that repairs or 4
displays and sells new or used motor vehicles including automobiles, 5
motorcycles, golf carts, trucks, watercraft, recreational vehicles, and trailers. 6
7
CIVIC & EDUCATION USE-GROUP DEFINITIONS: 8
9
Child care facility is defined earlier in section 45-2. 10
11
Church or place of worship means a premises or structure used 12
primarily or exclusively for religious worship and related religious services 13
on a permanent basis by a tax-exempt religious group, sect, or denomination 14
registered as a not-for-profit organization pursuant to Section 501(C)(3) of 15
the United States Internal Revenue Code, as amended. A church or place of 16
worship may include retreat site camp, convent, seminary or similar facilities 17
operated for religious activities. 18
19
Civic space is a small outdoor space that serves as a focal point for civic 20
and recreational uses. Civic spaces are typically constructed by landowners 21
when they build on adjoining property. 22
23
Family day care is defined earlier in section 45-2. 24
25
Government buildings are provided by village, state, regional, or federal 26
agencies to carry out public purposes. 27
28
Hospital or medical center means a facility which provides primary, 29
secondary, or tertiary medical care, emergency medical services, including 30
preventative medicine, diagnostic medicine, treatment and rehabilitative 31
service, medical training programs, medical research, and may include 32
association with medical schools or medical institutions. 33
34
Public space is an outdoor space that is maintained by a government, 35
private or nonprofit entity as a civic amenity for the general public. Public 36
spaces include, but are not limited to, plazas, parks, playgrounds and water 37
accesses. 38
39
School, public or private means an institution of learning which conducts 40
regular classes and courses of study required for accreditation as an elementary or 41
secondary school by the State Department of Education of Florida. 42
43
Section 10. The Village Council hereby amends Appendix C (Chapter 45), “Zoning,” of the 44
Village Code of Ordinances by amending Section 45-4, “Conflict of provisions,” of Article I, “In 45
General,” to read as follows (additional language is underlined and deleted language is stricken 46
through): 47
48
49
Page 25 of 44
Sec. 45-4. Conflict of provisions. 1
2
(1) It is not intended by this ordinance to interfere with or abrogate or annul 3
any easements, covenants or other agreements between parties. 4
5
(2) That where this village codes and ordinances imposes a greater 6
restriction upon the use of buildings or premises, or upon the height of 7
buildings, or requires larger open spaces than are imposed or required 8
by other ordinances, rules, regulations, or by easements, covenants, or 9
agreements, the provisions of this village codes and ordinances shall 10
control. 11
12
Section 11. The Village Council hereby amends Appendix C (Chapter 45), “Zoning,” of the 13
Village Code of Ordinances by amending Section 45-16, “Division of village into districts; 14
districts enumerated,” of Article II, “Generally,” to read as follows (additional language is 15
underlined and deleted language is stricken through): 16
17
Sec. 45-16. Division of village into districts; districts enumerated. 18
19
In order to classify, regulate and restrict the uses of land and buildings, the 20
height and bulk of buildings, the amount of open spaces about buildings, intensity 21
of land use, the Village of North Palm Beach, Florida is divided into twelve (12) 22
zoning districts, as follows: 23
24
R-1 Single-family dwelling district 25
26
R-2 Multiple-family dwelling district 27
28
R-3 Apartment dwelling district 29
30
C-MU US-1 mixed-use C-A commercial district 31
C-B Commercial district 32
C-1A Limited commercial district 33
34
C-T C-C Transitional commercial district 35
36
C-S Shopping C-1 Neighborhood commercial district 37
38
C-G General C-2 Automotive commercial district 39
40
C-3 Regional mixed-use business district 41
42
P Public district 43
44
OS C-OS Conservation and open space 45
46
I-1 Light industrial district 47
48
C-NB Northlake Boulevard commercial district 49
Page 26 of 44
1
In the creation of this ordinance of the respective districts, the village council 2
has given due and careful consideration to the peculiar suitability of each district 3
for the particular uses and regulations applied thereto and to the densities of 4
population, all in accordance with the comprehensive development plan of the 5
village. 6
7
Section 12. The Village Council hereby amends Appendix C (Chapter 45), “Zoning,” of the 8
Village Code of Ordinances by amending Section 45-16.1, “Similar uses,” of Article II, 9
“Generally,” to read as follows (additional language is underlined and deleted language is stricken 10
through): 11
12
Sec. 45-16.1. - Similar uses. 13
14
(a) The community development director shall determine which uses proposed A 15
use within a commercial or mixed-use zoning district have substantially the 16
same characteristics as a use not specifically listed as a permitted use. , but 17
possessing Proposed uses with characteristics that are similar to a permitted 18
use, but not substantially the same, may be established only upon written 19
application to the community development director for a special use permit. 20
21
(b) In evaluating an application for a special use permit for the establishment of 22
a similar use, the community development director shall, in consultation with 23
other village departments, consider the characteristics of the proposed use, 24
including, but not limited to, size, intensity, density, operating hours, 25
demands for public facilities, traffic impacts and business practices. 26
27
(c) Upon review and evaluation of the application, the community development 28
director shall present his or her recommendation to the village council for 29
final consideration on the next available council agenda. 30
31
(d) The village council shall conduct a public hearing on the application for 32
special use permit and determine whether the application meets the criteria 33
set forth in subsection (b) above. Public notice is not required for special use 34
permit hearings. The village council shall grant or deny the application by 35
written order. 36
37
(e) In granting a special use permit, the village council may impose conditions 38
necessary to ensure that the proposed use: 39
40
(1) Is compatible with the existing or planned character of the neighborhood 41
in which it would be located; 42
43
(2) Will not have an adverse impact upon adjacent properties; and 44
45
(3) Will not interfere with the use of adjacent properties. 46
47
Such conditions may include restrictions on the size and operating hours of 48
the proposed use. 49
Page 27 of 44
1
(f) If the conditions imposed by the special use permit are not met, the 2
community development director may revoke the permit. A permit holder 3
may appeal the revocation of a special use permit by filing an appeal, in 4
writing, to the Zoning Board of Adjustment Planning Commission within 5
thirty (30) days of receipt of written notice of revocation. 6
7
Section 13. The Village Council hereby amends Appendix C (Chapter 45), “Zoning,” of the 8
Village Code of Ordinances by amending Section 45-16.2, “Special exception uses,” of Article II, 9
“Generally,” to read as follows (additional language is underlined and deleted language is stricken 10
through): 11
12
Sec. 45-16.2. Special exception uses. 13
14
* * * 15
16
(e) Procedure. 17
18
(1) The special exception use shall be subject to preliminary review by the 19
community development department. Once the community 20
development director certifies that the application is complete, the 21
director shall forward it to the planning commission for a public hearing. 22
23
(2) The planning commission shall review the application and forward a 24
recommendation of approval, approval with conditions or denial to the 25
village council. If the special exception request was included with a site 26
plan and appearance application, the planning commission shall forward 27
the complete application to the village council for final decision. 28
29
(3) Upon receipt of the a recommendation of the planning commission, the 30
village council shall conduct a public hearing and determine whether 31
the proposed special exception use meets the requirements of this 32
section. The village council shall approve, approve with conditions or 33
deny the application at the close of the public hearing. The approval of 34
a special exception use, with or without conditions, shall be in the form 35
of a written order, resolution or ordinance. 36
37
(4) Upon denial of an application for special exception use approval in 38
whole or in part, a period of one (1) year must elapse prior to the filing 39
of a substantially similar application affecting the same property. 40
41
* * * 42
43
Section 14. The Village Council hereby amends Appendix C (Chapter 45), “Zoning,” of the 44
Village Code of Ordinances by amending Section 45-19, “Buildings to conform to district 45
regulations,” of Article II, “Generally,” to read as follows (additional language is underlined and 46
deleted language is stricken through): 47
48
49
Page 28 of 44
Sec. 45-19. Buildings and uses to conform to district regulations. 1
2
Except as hereinafter provided: 3
4
A. No building shall be erected, reconstructed or structurally altered, nor 5
shall any building or land be used which does not comply with the 6
regulations for the district in which such building or land is located. 7
B. No building shall be erected, reconstructed or structurally altered to 8
exceed the height or bulk limits herein established for the district in 9
which such building is located. 10
11
C. The minimum open spaces around a main building as provided for in 12
this ordinance shall not be encroached upon or be considered as open 13
spaces for any other building. 14
15
D. There shall not be more than one (1) main building and its customary 16
accessory building(s) on a lot in the R-1 single-family dwelling district. 17
as authorized by this chapter. 18
19
E. The types, location and uses of buildings and land publicly owned and 20
used in the performance of a public function may be permitted in any 21
district, provided such type, location and use is approved by the village 22
council. The village council may limit the length of time of such type, 23
location and use. 24
25
Section 15. The Village Council hereby amends Appendix C (Chapter 45), “Zoning,” of the 26
Village Code of Ordinances by amending Section 45-31, “C-A Commercial District,” of Article 27
III, “District Regulations,” as set forth in Exhibit 1 attached hereto and incorporated herein by 28
reference (additional language is underlined and deleted language is stricken through). All 29
properties within the Village currently included within the C-A Commercial Zoning District as of 30
the effective date of this Ordinance are hereby included within the CMU US-1 Mixed Use Zoning 31
District and shall be subject to the regulations set forth in Exhibit 1. 32
33
Section 16. The Village Council hereby amends Appendix C (Chapter 45), “Zoning,” of the 34
Village Code of Ordinances by repealing Section 45-31.1, “C-B Commercial District,” of Article 35
III, “District Regulations,” in its entirety. 36
37
Section 17. The Village Council hereby amends Appendix C (Chapter 45), “Zoning,” of the 38
Village Code of Ordinances by repealing Section 45-32, “C-1A Limited Commercial District,” of 39
Article III, “District Regulations,” in its entirety. 40
41
Section 18. The Village Council hereby amends Appendix C (Chapter 45), “Zoning,” of the 42
Village Code of Ordinances by amending Section 45-32.1, “C-C Transitional Commercial 43
District,” of Article III, “District Regulations,” as set forth in Exhibit 2 attached hereto and 44
incorporated herein by reference (additional language is underlined and deleted language is 45
stricken through). All properties within the Village currently included within the C-C Commercial 46
Zoning District as of the effective date of this Ordinance are hereby included wit hin the C-T 47
Transitional Commercial Zoning District and shall be subject to the regulations set forth in Exhibit 48
2. 49
Page 29 of 44
Section 19. The Village Council hereby amends Appendix C (Chapter 45), “Zoning,” of the 1
Village Code of Ordinances by amending Section 45-33, “C-1 Neighborhood Commercial 2
District,” of Article III, “District Regulations,” as set forth in Exhibit 3 attached hereto and 3
incorporated herein by reference (additional language is underlined and deleted language is 4
stricken through). All properties within the Village currently included within the C-1 5
Neighborhood Commercial Zoning District as of the effective date of this Ordinance are hereby 6
included within the C-S Shopping Commercial Zoning District and shall be subject to the 7
regulations set forth in Exhibit 3. 8
9
Section 20. The Village Council hereby amends Appendix C (Chapter 45), “Zoning,” of the 10
Village Code of Ordinances by amending Section 45-34, “C-2 Commercial District,” of Article 11
III, “District Regulations,” as set forth in Exhibit 4 attached hereto and incorporated herein by 12
reference (additional language is underlined and deleted language is stricken through). All 13
properties within the Village currently included within the C-2 Commercial Zoning District as of 14
the effective date of this Ordinance are hereby included within the C-G General Commercial 15
Zoning District and shall be subject to the regulations set forth in Exhibit 4. 16
17
Section 21. The Village Council hereby amends Appendix C (Chapter 45), “Zoning,” of the 18
Village Code of Ordinances by amending Section 45-35.1, “Planned Unit Development,” of 19
Article III, “District Regulations,” as set forth in Exhibit 5 attached hereto and incorporated herein 20
by this reference (additional language is underlined and deleted language is stricken through). 21
22
Section 22. The Village Council hereby amends Appendix C (Chapter 45), “Zoning,” of the 23
Village Code of Ordinances by amending Section 45-35.2, “C-OS Conservation and Open Space 24
District,” of Article III, “District Regulations,” to read as follows (additional language is 25
underlined and deleted language is stricken through): 26
27
Sec. 45-35.2. C-OS conservation and open space district. 28
29
A. Intent. The intent of this section is to provide for land uses and activities 30
within land areas designated for the primary purpose of conserving or 31
protecting natural resources of environmental quality. 32
33
B. Uses permitted. Within any part of the C-OS conservation and open space 34
district, no building, structure, land or water shall be used, except for one or 35
more of the following uses: 36
37
1. Passive recreation. 38
2. Flood control. 39
3. Protection of quality or quantity of ground water or surface water. 40
4. Floodplain management. 41
5. Fisheries management. 42
6. Protection of vegetative community or wildlife habitats. 43
7. Residential and administrative buildings for the protection of the C-OS 44
district. 45
8. Single-family dwellings with accessory buildings customarily incident 46
thereto. 47
48
Page 30 of 44
C. a. Building height regulations. No main building shall exceed two (2) stories 1
in height and no accessory building more than one (1) story. 2
3
D. b. Building site area regulations. The minimum lot or building site for each 4
single-family dwelling shall be one (1) acre of upland area and have at least 5
one (1) lot dimension, width or length, of a minimum of one hundred fifty 6
(150) feet. 7
E. c. Yard space regulation. No building or portion thereof shall occupy a 8
position fifty (50) feet or less from the upland/wetland boundary of the 9
property. 10
11
F. C. Coastal zone protection. The Village of North Palm Beach adopts, by 12
reference, the Palm Beach County Coastal Protection Ordinance No. 90-2 in 13
its entirety. 14
15
Section 23. The Village Council hereby amends Appendix C (Chapter 45), “Zoning,” of the 16
Village Code of Ordinances by amending Section 45-35.3, “Northlake Boulevard Overlay Zoning 17
District (NBOZ),” of Article III, “District Regulations,” as set forth in Exhibit 6 attached hereto 18
and incorporated herein by reference (additional language is underlined and deleted language is 19
stricken through). All properties included within the C-NB Northlake Boulevard Commercial 20
Zoning District and shall be subject to the regulations set forth in Exhibit 6. 21
22
Section 24. The Village Council hereby amends Appendix C (Chapter 45), “Zoning,” of the 23
Village Code of Ordinances by amending Section 45-36, “General Provisions,” of Article III, 24
“District Regulations,” to read as follows (additional language is underlined and deleted language 25
is stricken through): 26
27
Sec. 45-36. General provisions. 28
29
* * * 30
31
A-1. No addition to any building and no structure or object shall be erected, placed 32
or maintained or built to a height which exceeds four (4) stories or sixty (60) 33
feet where any portion of said building or of the property upon which it is 34
located is within five hundred feet of any R-1, single-family dwelling district, 35
except in the C-MU and C-3 zoning districts where the height limits and 36
maximum height in feet are defined in sections 45-31 and 45-34.1. 37
38
* * * 39
40
J. Whenever, by this ordinance, off-street parking is required in any commercial 41
or mixed-use district or in any R-3 apartment dwelling district, no such 42
parking facilities shall be hereafter constructed as follows, in addition to any 43
specific requirements of the zoning district: until a permit therefor shall have 44
been issued by the building inspector, and until the plans and specifications 45
therefor are such that: 46
47
a. Such off-street parking area is designed with appropriate means of 48
vehicular access to a public street or alley. The maximum width of a 49
Page 31 of 44
residential accessway to an off-street parking or other vehicular use area 1
shall be twenty (20) feet for two-way vehicular movement and ten (10) 2
feet for one-way vehicular movement, measured at the narrowest point. 3
For commercial uses, two-way accessways shall be twenty-four (24) 4
feet and may be wider only on county and state roads, subject to 5
approval by county and state transportation officials. 6
7
(i) No more than one (1) two-way accessway shall be permitted for 8
any street frontage up to one hundred (100) lineal feet or no more 9
than two (2) one-way accessways shall be permitted for any street 10
frontage up to one hundred (100) lineal feet, such standards to be 11
applicable to any property under one (1) ownership. 12
13
(ii) Where such ownership involves over one hundred (100) feet of 14
street frontage, one (1) additional two-way or two (2) additional 15
one-way drives may be permitted for each additional one hundred 16
(100) feet of frontage or major fraction thereof, except where 17
restricted by other provisions of this code or by county and state 18
transportation regulations. 19
20
b. Such off-street parking area is designed with appropriate vehicular 21
maneuvering areas. Each required parking space shall measure at least 22
9 feet by 18 feet. 23
24
c. Such off-street parking area is paved with an asphaltic or concrete 25
surfacing, or other material designed to prevent dust. 26
27
d. Such off-street parking area is so constructed, graded and surfaced as to 28
prevent surface water from draining onto public right-of-way, or on 29
adjoining properties, the outlets for such surface waters to be connected 30
directly or indirectly to storm sewer conduits terminating in existing 31
publicly controlled waterways or in other seepage areas approved by the 32
building department. 33
34
e. Such off-street parking areas shall be used for vehicular traffic only, 35
with no sales, dead storage, repair work, dismantling or servicing of any 36
kind unless expressly permitted by the zoning of the district in question. 37
38
f. If lighting of such areas is to be provided, the plans therefor shall be 39
such that such lighting shall reflect away from any public street and at 40
such an angle as to prevent glare or undue illumination of residential 41
properties in the neighborhood. 42
43
g. Parking lots shall be landscaped as provided in the landscaping 44
regulations in Article VIII (section 45-81 et seq.). 45
46
h. Parking lots shall be designed and improved to facilitate loading and 47
unloading. There shall be adequate space for standing, loading and 48
Page 32 of 44
unloading services to avoid undue interference with public use of streets 1
or alleys. 2
3
* * * 4
5
M. Building height regulations. 6
7
(1) Within the area of the Village of North Palm Beach which lies north of the 8
Intracoastal Waterway and west of U.S. Highway No. 1, no building or 9
structure shall exceed sixteen (16) stories or one hundred sixty (160) feet. 10
11
(2) Within the area of the Village of North Palm Beach which lies north of the 12
Intracoastal Waterway and east of U.S. Highway No. 1, no building or 13
structure shall exceed twenty-two (22) stories or two hundred twenty (220) 14
feet. 15
16
(3) Within the area of the Village of North Palm Beach which lies south of the 17
Intracoastal Waterway and east of U.S. Highway No. 1, no building or 18
structure shall exceed four (4) stories or forty (40) feet, except in the C-MU 19
zoning district where the height limits are defined in section 45-31. 20
21
(4) Within the area of the Village of North Palm Beach which lies south and west 22
of the Intracoastal Waterway and west of U.S. Highway No. 1, no building or 23
structure shall exceed four (4) stories or forty (40) feet, except in the C-MU 24
and C-3 zoning districts where the height limits are defined in sections 45-31 25
and 45-34.1. 26
27
* * * 28
29
Q. Outdoor seating. 30
31
(1) Applicability. Outdoor seating shall be permitted as an accessory use to a 32
building in which a food service establishment is operated, provided that: 33
34
a. The outdoor seating area is adjacent to that portion of the food service 35
establishment which is inside the building. 36
37
b. The outdoor seating is located on property which is either owned or 38
leased by the adjacent food service establishment or the landlord of such 39
food service establishment. (See exceptions in subsection (6).) 40
41
c. The outdoor seating can be accommodated without impeding the access 42
of the general public, including persons with disabilities, to the portion 43
of the food service establishment which is located inside the building, 44
or to any other commercial business or other use. 45
46
d. The outdoor seating can be accommodated without creating a need for 47
additional parking spaces which could not be provided on the same site 48
as the building for which the outdoor seating would be an accessory use 49
Page 33 of 44
or would create a non-conforming status for existing parking provided 1
for such building. (See exceptions in subsection (6).) 2
3
e. No outdoor seating shall be permitted for adult entertainment 4
establishments. 5
6
(2) Permitting process. An applicant for approval of outdoor seating shall 7
include the proposed outdoor seating as part of an overall application for a 8
building permit and/or site plan and appearance approval certificate of 9
appropriateness or shall seek amendment of an existing building permit 10
and/or site plan and appearance approval certificate of appropriateness to 11
allow for outdoor seating, pursuant to the applicable provisions of this Code. 12
Every application involving outdoor seating shall include the following, in 13
addition to and not in place of anything else which may otherwise be required 14
by any other provision of this Code: 15
16
a. A site plan, drawn to scale, which shows at least the building for which 17
outdoor seating will be an accessory use; the location of the food service 18
establishment which will use the outdoor seating; the location of the 19
outdoor seating and all related fencing screening, or dividing materials; 20
the location of any sidewalks or other pedestrian walkways or 21
passageways which are adjacent to or will be affected by the outdoor 22
seating; and the location of all existing or additional parking for such 23
building. 24
25
b. A copy of the written consent of any person or business who other than 26
the applicant owns or leases any property, including any sidewalk or 27
other public passageway, upon [which] the outdoor seating would be 28
located. 29
30
c. Photographs, renderings, or samples showing the style and color of all 31
furnishings, fencing, screening, or dividing material to be used for or in 32
conjunction with the outdoor seating. 33
34
(3) Conditions of outdoor seating. Outdoor seating shall comply at all times with 35
the following conditions: 36
37
a. Outdoor seating shall be arranged, when in use, in a manner that allows 38
a pedestrian walkway in compliance with applicable accessibility, 39
building, codes and fire codes. 40
41
b. Outdoor seating located on a pedestrian walkway which provides access 42
to more than one (1) occupant of a building, as in a shopping center, 43
shall be arranged, when in use, in a manner that maintains a passage of 44
not less than five (5) feet in width. 45
46
c. Outdoor seating of an applicant shall not be located on any sidewalk, 47
passageway, or other property adjacent to any other business. 48
49
Page 34 of 44
d. Outdoor seating shall not occupy any area designated for parking. (See 1
exceptions in subsection (6).) 2
3
e. Outdoor seating which is used for the service and sale of food or 4
beverages of any kind within the outdoor seating area, shall be 5
physically separated and visually distinct from any immediately 6
adjacent public passageway or walkway by means of approved fencing 7
or screening material which is not less than two (2) feet in height, by 8
means of one (1) or more planter boxes and other plant container, by 9
means of some other approved divider, or any combination of such 10
means, but not including tables, chairs or other seating. 11
12
f. Outdoor seating areas may only contain tables, chairs, umbrellas and/or 13
awnings and required fencing or screening materials. All such 14
equipment shall be compatible in color and style with the exterior of the 15
building and shall not contain or have affixed to it any sign, lettering or 16
advertising of any kind. 17
18
g. Outdoor seating shall be maintained in a secure manner, whenever the 19
food service establishment is closed to the public. 20
21
h. Establishments with outdoor seating with food and beverage service 22
shall meet all health code and other applicable code requirements of 23
restaurants. 24
25
i. Any permanent or temporary structures associated with outdoor seating, 26
including, but not limited to, awnings and covered roofs shall not 27
encroach into the required building setback areas. Tables, chairs, 28
umbrellas, fencing, screening and dividing materials shall not be located 29
closer to the property line than two-thirds (2/3) of the required front, 30
side or rear building setback. (See exceptions in subsection (6)) 31
32
(4) Limitations on use. Except for outdoor seating located in an inner court: 33
34
a. All sales and service of food and beverages in an outdoor seating area 35
are prohibited between the hours of 10:30 p.m. and 7:00 a.m., Sunday 36
through Thursday, and between the hours of 11:00 p.m. and 7:00 a.m., 37
Friday through Saturday. 38
39
b. Outdoor seating areas shall be in compliance with the village's noise 40
regulations. 41
42
(5) General requirements. Outdoor seating which increases the total number of 43
seats available at a food service establishment shall be considered an 44
expansion of use. Such outdoor seating shall be included in any calculation of 45
the total number of seats provided by the food service establishment but not 46
limited to parking, restroom facilities and business taxes. 47
48
Page 35 of 44
(6) Special requirements for C-MU and C-3 zoning districts. In the C-MU and 1
C-3 zoning districts only, the preceding requirements for outdoor seating are 2
modified as follows: 3
4
a. Outdoor seating may be provided on sidewalks that have been 5
constructed on sidewalk easements that were required by this code as 6
long as this seating does not unduly restrict pedestrian movement. 7
Outdoor seating may not be provided on sidewalks within the right-of-8
way of US Highway 1, Yacht Club Drive, Anchorage Drive, Lighthouse 9
Drive, Ebbtide Drive, or Northlake Boulevard. 10
11
b. Outdoor seating may be provided within build-to zones required by this 12
code. 13
14
c. Outdoor seating may be provided on an area designated for parking 15
and/or loading without providing additional parking spaces. However, 16
permission for such outdoor seating would be on a provisional basis and 17
would be subject to revocation as follows: 18
19
i. Permission may be revoked by the community development 20
director if there is evidence that the permission is contributing to 21
spillover parking on nearby properties. 22
23
ii. Permission would be automatically revoked if the code 24
enforcement special magistrate issues an order confirming a 25
violation of a parking-related provision of this code. 26
27
Section 25. The Village Council hereby amends Appendix C (Chapter 45), “Zoning,” of the 28
Village Code of Ordinances by amending Section 45-38, “I-1 Light Industrial District,” of Article 29
III, “District Regulations,” to read as follows (additional language is underlined and deleted 30
language is stricken through): 31
32
Sec. 45-38. I-1 light industrial district. 33
34
* * * 35
36
D. Supplemental use regulations for select permitted or special 37
exception uses. Permitted or special exception uses in the I-1 district shall be 38
subject to the following conditions. 39
40
* * * 41
42
12. Dog daycare: 43
44
* * * 45
d. Outdoor runs/dog exercise areas: If used, outdoor runs or 46
animal dog exercise areas shall be located a minimum of 300 47
feet from a residential use or zoning district or shall be 48
fenced utilizing a sound-absorbing material on any side 49
Page 36 of 44
which is adjacent to or separated only be street from any 1
residential use or zoning district to contain the sound as 2
required by chapter 19, article VI of this code. Such outdoor 3
runs or dog exercise areas shall, be hard surfaced or grassed 4
and if hard surfaced, shall have with drains provided every 5
ten feet and be connected to a central or individual sanitary 6
facility approved by Seacoast Utility Authority or the Palm 7
Beach County Health Department. Grassed outdoor runs 8
and dog exercise areas shall be maintained by removing dog 9
waste daily. A minimum six-foot high chain-link fence shall 10
be required around outdoor runs and dog exercise areas. In 11
addition, where chain-link fencing is used, a continuous 12
solid opaque hedge a minimum of four feet at installation 13
shall be provided around the outdoor run area or dog exercise 14
area. Animals shall not be left overnight in outdoor runs or 15
dog exercise areas. 16
17
* * * 18
19
15. Kennel, commercial: 20
21
a. Limitations of use: A commercial kennel shall be limited to 22
the training, boarding and grooming of dogs and cats. 23
24
b. Outdoor runs: Outdoor runs shall comply with the 25
requirements of Section 45-38(D)(12 11)d above. 26
27
* * * 28
29
22. Veterinary clinic: Outdoor runs shall comply with the requirements 30
of Section 45-38(D)(12 11)d above. 31
32
Section 26. The Village Council hereby amends Appendix C (Chapter 45), “Zoning,” of the 33
Village Code of Ordinances by amending Article VI, “Amendments – Fees; Waiting Periods,” to 34
read as follows (additional language is underlined and deleted language is stricken through): 35
36
ARTICLE VI. AMENDMENTS—FEES; WAITING PERIODS REZONINGS; 37
VARIANCES; WAIVERS 38
39
Sec. 45-49. Applications for rezoning, etc. 40
41
(1) All applications for rezoning and all applications to amend, supplement, 42
modify or repeal the boundaries, districts, regulations or restrictions 43
established by this chapter shall be done by application to the planning 44
commission of the village. The application to the planning commission may 45
be made initiated by any property owners to rezone their own property or by 46
the village manager. tenant or by a governmental office, department, board 47
or bureau. Such applications shall be filed with the community development 48
department of the village, which shall transmit the same, together with all the 49
Page 37 of 44
plans, specifications, application blank and other papers pertaining to the 1
application, to the planning commission. Any such application, except by the 2
village manager, a governmental agency, must be accompanied by the filing 3
fee established in the master fee schedule adopted annually as part of the 4
village budget together with a deposit of the estimated cost of the village 5
processing the application. Upon the village determining the actual costs, 6
applicants shall pay the balance, if any, in full of such costs including 7
advertising prior to final consideration of the application. If the deposit 8
exceeds actual costs, the balance shall be refunded to applicant. 9
10
(2) All applications to the planning commission concerning rezoning shall be 11
upon forms to be supplied by the community development department. 12
13
(3) Whenever, after review, investigation and hearing, any application for a 14
change of district classification has been denied, an application for a like 15
change cannot be reinstated for a period of at least one (1) year after said 16
denial. 17
18
(4) Public notice of all hearings shall be provided as required by section 21-3 of 19
the village Code. 20
21
Sec. 45-50. Application for Variances. 22
23
(1) All applications for variances to regulations or restrictions established by this 24
ordinance shall be done initiated by application to the board of adjustment of 25
the village. The application to the board of adjustment may be made by any 26
property owner or tenant or by a governmental office, department, board or 27
bureau. Such applications shall be and filed with the community development 28
department. director of the village, who shall transmit the same, together with 29
all the plans, specifications, application blank and other papers pertaining to 30
the application, to the board of adjustment. Any such application, except by a 31
governmental agency, must be accompanied by the filing fee established in 32
the master fee schedule adopted annually as part of the village budget. 33
34
(2) All applications to the board of adjustment concerning variances shall be upon 35
forms to be supplied by the community development department. 36
37
(3) Criteria for decisions on variance applications are provided in section 21-21 38
of the village code. 39
40
(4) (3) Public notice of all hearings shall be provided as required by section 21-3 41
of the village code. 42
43
Sec. 45-51. Waivers. 44
45
(1) In the C-MU and C-NB zoning districts, waivers may be requested from 46
certain regulations in this code. An applicant requesting a waiver shall 47
demonstrate that the waiver provides a public benefit, including, by way of 48
example, high-quality architectural design, pedestrian amenities, not cost 49
Page 38 of 44
dedication of rights-of-way, construction of public parking, public art or other 1
improvements adjacent to the property, preservation of environmentally-2
sensitive lands, provision of public parks and/or open spaces, or mixed uses 3
which reduce impacts on village services. 4
5
(2) An application for such waiver may be made by any property owner or tenant 6
or by a governmental office, department, board or bureau. Such applications 7
shall be filed with the community development director of the village, using 8
forms supplied by the director, who shall transmit the same, together with all 9
the plans, specifications, application materials, and other papers pertaining to 10
the application, to the planning commission. The applicant shall identify each 11
waiver request in writing as part of the application, fully explaining the nature 12
of the request, the extent to which it departs from a standard zoning 13
regulation, and the basis for which it is sought. 14
15
(3) The planning commission will hold a public hearing in conjunction with the 16
site plan and appearance review hearing for the subject property (see sections 17
6-30‒6-60). When evaluating waiver requests, the planning commission will 18
consider the following factors and any additional criteria set forth in the 19
relevant zoning district: 20
21
a. The extent to which the alternate standard proposed by the applicant 22
differs from the code’s standard that would be waived; 23
24
b. Whether the granting of the waiver will lead to innovative design in 25
which other minimum standards are exceeded; 26
27
c. Whether the request clearly demonstrates the public benefits to be 28
derived; 29
30
d. Whether the request furthers the goals of the village master plan, and 31
exemplifies the architectural, building, and site design techniques 32
desired within the Village’s Appearance Plan; 33
34
e. Whether the requested waiver can be granted in the zoning district; 35
36
f. Any unusual circumstances regarding the property or immediate area, 37
including the location of power lines, specimen trees, or shade trees; 38
39
g. The effect of approving or denying the waiver on the development 40
project and on the surrounding area; 41
42
h. Consistency with the comprehensive plan; 43
44
i. Recommendations of village staff; 45
46
j. Testimony from the applicant; and 47
48
h. Testimony from the public. 49
Page 39 of 44
(4) At the end of the public hearing, the planning commission will make a 1
decision on each requested waiver. Approval is contingent on the planning 2
commission making these findings and any additional findings set forth in the 3
relevant zoning district: 4
5
a. The alternate standard proposed by the applicant is acceptable for the 6
specific site and building; 7
8
b. The proposed waiver does not detract from the design principles 9
supporting these zoning districts and the broader intent of this code; 10
11
c. The proposed waiver will not be injurious to surrounding properties or 12
nearby neighborhoods; and 13
14
d. The proposed waiver is not inconsistent with the Comprehensive Plan. 15
16
(5) The planning commission’s action on waivers will be considered a 17
recommendation to the village council instead of a decision if a special 18
exception was requested along with one or more waivers, or if a waiver was 19
requested for an extra story pursuant to 45-31.E.4, or if the concurrent site 20
plan and appearance decision is appealed in accordance with section 6-35. 21
The village council will make a decision on such waivers at the same time 22
that a decision is made on all other aspects of the application. 23
24
(6) The applicant or any interested party may file an appeal to the village council 25
on any decision on waivers. Such an appeal will also function as an appeal of 26
the site plan and appearance application. The appeal shall be filed or made 27
within ten (10) days after decision of the planning commission on forms 28
provided by the village. Appeals shall set forth the alleged inconsistency or 29
nonconformity with procedures, criteria, or standards set forth in this code. 30
The village council shall decide an appeal within thirty (30) days of the filing 31
of such appeal unless an extension of time is consented to by the applicant, 32
and such filing shall suspend any building permit issued pursuant to the ruling 33
of the planning commission until the village council has decided the appeal. 34
The village council may review any decision of the planning commission and 35
their disposition of the matter shall be final. 36
37
(7) Public notice of all waiver hearings shall be provided as required by section 38
21-3 of this code. 39
40
Section 27. The Village Council hereby amends Appendix C (Chapter 45), “Zoning,” 41
of the Village Code of Ordinances by amending Article VII, “Nonconforming Uses of Land 42
and Structures,” to read as follows (additional language is underlined and deleted language 43
is stricken through): 44
45
Sec. 45-60. Intent. 46
47
(1) Within the districts established by this ordinance, or amendments that may 48
later be adopted, there exist lots, structures, uses of land and structures and 49
Page 40 of 44
characteristics of use which were lawful before this ordinance was passed or 1
amended, but which would be prohibited, regulated, or restricted under the 2
terms of this ordinance or future amendments. 3
4
(2) Except as explicitly provided in this article, it is the intent of this ordinance 5
to permit these nonconformities to continue until they are removed, but not to 6
encourage their continuation. Such nonconformities uses are declared by this 7
ordinance to be incompatible with permitted uses in the district involved. It is 8
further the intent of this ordinance that nonconformities shall not be enlarged 9
upon, expanded or extended, nor be used as grounds for adding other 10
structures or uses prohibited elsewhere in the same district. 11
12
Sec. 45-61. - Extension and enlargement of nonconforming uses. 13
14
(1) A nonconforming use of a structure, a nonconforming use of land, or a 15
nonconforming use of structure and land shall not be extended or enlarged 16
after passage of this ordinance by attachment on a building or premises of 17
additional signs intended to be seen from off the premises, or by the addition 18
of other uses of a nature which would be prohibited generally in the district 19
involved. If an existing use was legally permitted on its site prior to changes 20
in the C-MU, C-3, or C-NB zoning districts in 2020 but is not listed as a 21
permitted use in the new district, that existing use will continue to be deemed 22
a permitted use and will not be subject to the restrictions in this paragraph. 23
24
(2) To avoid undue hardship, nothing in this ordinance shall be deemed to require 25
a change in the plans, construction, or designated use of any building on 26
which actual construction was lawfully begun prior to the effective date of 27
adoption or amendment of this ordinance and upon which actual building 28
construction has been diligently carried on. Actual construction is hereby 29
defined to include the placing of construction materials in permanent position 30
and fastened in a permanent manner. Except that where demolition or removal 31
of an existing building has been substantially begun preparatory to rebuilding, 32
such demolition or removal shall be deemed to be actual construction, 33
provided that work shall be diligently carried on until completion of the 34
building involved. 35
36
Sec. 45-62. Nonconforming lots of record. 37
38
(1) In any district in which single-family dwellings are permitted, 39
notwithstanding limitations imposed by other provisions of this ordinance, a 40
single-family dwelling and customary accessory buildings may be erected on 41
any single lot of record at the effective date of adoption or amendment of this 42
ordinance. Such lot must be in separate ownership and not of continuous 43
frontage with other lots in the same ownership. This provision shall apply 44
even though such lot fails to meet the requirements for area or width, or both, 45
that are generally applicable in the district, provided that yard dimensions and 46
other requirements not involving area or width, or both, of the lot shall 47
conform to the regulations for the district in which such lot is located. 48
Page 41 of 44
Variance of area, width, or yard requirements shall be obtained only through 1
action of the board of adjustment. 2
3
(2) If two (2) or more lots or combinations of lots and portions of lots with 4
continuous frontage in angle [single] ownership are of record at the time of 5
passage or amendment of this ordinance, and if all or part of the lots do not 6
meet the requirements for lot width and area as established by this ordinance, 7
the lands involved shall be considered to be an undivided parcel for the 8
purposes of this ordinance, and no portion of said parcel shall be used or sold 9
which does not meet lot width and area requirements established by this 10
ordinance, nor shall any division of the parcel be made which leaves 11
remaining any lot with width or area below the requirements in this ordinance. 12
13
Sec. 45-63. Nonconforming uses of land. 14
15
Where, at the effective date of adoption or amendment of this ordinance, 16
lawful use of land exists that is made no longer permissible under the terms of this 17
ordinance as enacted or amended, and where such use involves no individual 18
structure with a replacement cost exceeding one thousand dollars ($1,000.00), such 19
use may be continued, so long as it remains otherwise lawful, subject to the 20
following provisions: 21
22
(1) No such nonconforming use shall be enlarged or increased, nor extended to 23
occupy a greater area of land than was occupied at the effective date of 24
adoption or amendment of this ordinance; unless such use is changed to a use 25
permitted in the district in which such use is located; 26
27
(2) No such nonconforming use shall be moved in whole or in part to any other 28
portion of the lot or parcel occupied by such use at the effective date of 29
adoption or amendment of this ordinance; 30
31
(3) If any such nonconforming use of land ceases for any reason for a period of 32
more than ninety (90) consecutive days, any subsequent use of such land shall 33
conform to the regulations specified by this ordinance for the district in which 34
such land is located; 35
(4) No additional structure which does not conform to the requirements of this 36
ordinance shall be erected in connection with such nonconforming use of 37
land. 38
39
Sec. 45-64. - Nonconforming structures. 40
41
Where a lawful structure exists at the effective date of adoption or amendment 42
of this ordinance that could not be built under the terms of this ordinance by reason 43
of restrictions on area, lot coverage, height, yards or other characteristics of the 44
structure or its location on the lot, such structure may be continued so long as it 45
remains otherwise lawful subject to the following provisions: 46
47
Page 42 of 44
(1) No such structure may be enlarged or altered in a way which increases its 1
nonconformity, but any structure or portion thereof may be altered to decrease 2
its nonconformity; 3
4
(2) Should such structure be destroyed by any means to an extent of more than 5
fifty (50) percent of its replacement cost at time of destruction, as determined 6
by the village engineer or village building official, it shall not be reconstructed 7
except in conformity with the provisions of this ordinance; 8
9
(3) Should such structure be moved for any reason for any distance whatever, it 10
shall thereafter conform to the regulations of the district in which it is located 11
after it is moved. 12
13
(4) However, if an existing structure was legally permitted on its site prior to 14
changes in the C-MU, C-3, or C-NB zoning districts in 2020 but could not be 15
built under the standards in the new district, that existing structure will 16
continue to be deemed a lawful structure and will not be subject to the 17
restrictions in paragraphs (1) and (2). Such structure may be expanded 18
laterally and/or vertically without complying with all new requirements for 19
building frontages, build-to zones, and parking lot setbacks, provided the 20
expansion brings the structure considerably closer to the 2020 requirements 21
than the existing structure. 22
23
Sec. 45-65. Nonconforming uses of structures or of structures and premises in 24
combination. 25
26
(1) If a lawful use involving individual structures with a replacement cost of one 27
thousand dollars ($1,000.00) or more, or of structure and premises in 28
combination, exists at the effective date of adoption or amendment of this 29
ordinance, that would not be allowed in the district under the terms of this 30
ordinance, the lawful use may be continued so long as it remains otherwise 31
lawful, subject to the following provisions: 32
33
(a) No existing structure devoted to a use not permitted by this ordinance 34
in the district in which it is located shall be enlarged, extended, 35
constructed, reconstructed, moved or structurally altered except in 36
changing the use of the structure to a use permitted in the district in 37
which it is located; 38
39
(b) Any nonconforming use may be extended throughout any parts of a 40
building which were manifestly arranged or designed for such use at the 41
time of adoption or amendment of this ordinance, but no such use shall 42
be extended to occupy any land outside such building; 43
44
(c) Any structure, or structure and land in combination, in or on which a 45
nonconforming use is superseded by a permitted use, shall thereafter 46
conform to the regulations for the district in which such structure is 47
located, and the nonconforming use may not thereafter be resumed; 48
49
Page 43 of 44
(d) When a nonconforming use of a structure, or structure and premises in 1
combination, is discontinued or abandoned for six (6) consecutive 2
months or for eighteen (18) months during any three-year period (except 3
when government action impedes access to the premises), the structure, 4
or structure and premises in combination, shall not thereafter be used 5
except in conformance with the regulations of the district in which it is 6
located; 7
8
(e) Where nonconforming use status applies to a structure and premises in 9
combination, removal or destruction of the structure shall eliminate the 10
nonconforming status of the land. Destruction for the purpose of this 11
subsection is defined as damage to an extent of more than fifty (50) 12
percent of the replacement cost at time of destruction. 13
14
(2) However, if an existing use of a structure was legally permitted on its site 15
prior to changes in the C-MU, C-3, or C-NB zoning districts in 2020 but is 16
not listed as a permitted use in the new district, that existing use will continue 17
to be deemed a permitted use and will not be subject to the restrictions in 18
section 45-65(1). 19
20
(3) (2) Nonconformities not involving the use of a principal structure, e.g., open 21
storage, building supplies, vehicle, mobile home, implement and machinery 22
storage, signs, billboards, junkyards, commercial animal yards and the like, 23
shall be discontinued within two (2) years of the effective date of this 24
ordinance or amendment. 25
26
* * * 27
28
Section 28. The Village Council hereby amends Appendix C (Chapter 45), “Zoning,” of the 29
Village Code of Ordinances by adopting a new Article VIII, “Landscaping,” as set forth in Exhibit 30
7 attached hereto and incorporated herein. 31
32
Section 29. The provisions of this Ordinance shall become and be made a part of the Code of 33
the Village of North Palm Beach, Florida. All cross-references to the names of zoning districts 34
are hereby updated, including but not limited to those in Sections 45-20, 45-21, and 45-36, and 35
any other sections that referred to the prior names for the zoning districts as follows: 36
37
A. All references to the C-1A, C1A, C-B or CB Zoning Districts shall be deleted. 38
39
B. All references to the C-A or CA Zoning District shall be changed to the C-MU Zoning 40
District. 41
42
C. All references to the C-C or CC Zoning District shall be changed to the C-T Zoning 43
District. 44
45
D. All references to the C-1 or C1 Zoning District shall be changed to the C-S Zoning District. 46
47
E. All references to the C-2 or C2 Zoning District shall be changed to the C-G zoning district. 48
49
Page 44 of 44
F. All references to the C-OS or COS zoning district shall be changed to the OS Zoning 1
District. 2
3
G. All references to the NBOZ Overlay Zoning District shall be changed to the C-NB Zoning 4
District. 5
6
Section 30. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for 7
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, 8
such holding shall not affect the remainder of this Ordinance. 9
10
Section 31. All ordinances or parts of ordinances and resolutions or parts of resolutions in 11
conflict herewith are hereby repealed to the extent of such conflict. 12
13
Section 32. This Ordinance shall take effect upon the effective date of Ordinance No. 2020-05. 14
15
PLACED ON FIRST READING THIS _____ DAY OF ________________, 2020. 16
17
PLACED ON SECOND, FINAL READING AND PASSED THIS _____ DAY OF ___________, 18
2020. 19
20
(Village Seal) 21
MAYOR 22
23
24
ATTEST: 25
26
27
VILLAGE CLERK 28
29
30
APPROVED AS TO FORM AND 31
LEGAL SUFFICIENCY: 32
33
34
VILLAGE ATTORNEY 35
Exhibit 1 (C-A to C-MU)
Proposed Changes to C-A Zoning District Page 1 of 39
Sec. 45-31. - C-MU US-1 mixed-use C-A commercial district. 1
A. General description. This mixed-use district will encourage the 2
redevelopment of the US Highway 1 corridor into a vibrant mixed-use place 3
for businesses, visitors, and residents of North Palm Beach. A Citizens 4
Master Plan, adopted in 2016, envisioned the US Highway 1 corridor 5
evolving into a better working and living environment with walkable and 6
bikeable streets, compact mixed-use buildings, and convenient access to 7
many forms of transportation. The C-MU zoning district is a form-based 8
code that uses clear and predictable standards to guide redevelopment into 9
this pattern. 10
This tourist-commercial district is established to provide areas within which 11
the principal use of land is devoted to commercial establishments and 12
tourist-oriented trade. The intent is to reserve land which, because of 13
particular location and natural features, is adapted to local and tourist uses, 14
and to encourage the development of these locations for such uses and in 15
such a manner as to minimize traffic hazards and interference with other 16
land uses. 17
B. Allowable uses. 18
1. Table 1 indicates allowable uses in the C-MU zoning district. 19
The following uses be permitted in the C-A commercial district: 20
a. The uses listed in Table 1 are grouped into four use groups: 21
Residential Uses, Lodging Uses, Business Uses, and Civic & 22
Education Uses. 23
b. In one of the columns following each listed use, a symbol is 24
provided to indicate that: 25
i) This use is permitted by right; or 26
ii) This use may be approved as a special exception; see 27
section 45-16.2 for standards and procedures; or 28
iii) This use, like other uses not listed in Table 1, is not 29
permitted in the C-MU district. 30
c. Terms in Table 1 are defined in section 45-2 under “Use 31
Groups.” 32
d. Also refer to section 45-16.1 on uses that are similar to uses 33
listed in Table 1. 34
Exhibit 1 (C-A to C-MU)
Proposed Changes to C-A Zoning District Page 2 of 39
Table 1 ___Allowable Uses
PERMITTED USE SPECIAL EXCEPTION NOT PERMITTED
RESIDENTIAL USES
Mobile home park
Dwelling, one family detached
Dwelling, all other dwelling types
Live/work unit
Assisted living facility 1
Community residential home 2
LODGING USES
Bed-and-breakfast establishment
Hotel
Motel
Time-share unit
BUSINESS USES
Offices, general
Office or clinic, medical or dental
Stores & services, general
Stores & services, large format
Adult entertainment
Convenience store with fuel
Dog daycare
Drive-through facility (for any use)
Garage, parking
Heavy commercial and light industrial
Medical marijuana treatment center
Restaurant or cocktail lounge
Brewery with offsite distribution
Telecommunications antennas
CIVIC & EDUCATION USES
Child care facility
Church or place of assembly
Civic space
Family day care
Government building
Hospital or medical center
Public space
School, public or private
1 Only as part of a mixed-use development that complies with Future Land Use 1
Policy 1.B.3 in the Comprehensive Plan 2
2 Subject to the same requirements as apply in the R -2 zoning district 3
Exhibit 1 (C-A to C-MU)
Proposed Changes to C-A Zoning District Page 3 of 39
2. The Comprehensive Plan establishes restrictions on certain properties 1
through classifications in the future land use atlas or through specific 2
policies. Current examples in the C-MU district include the following 3
parcels, which are indicated on the regulating plan: 4
a. 639 US Highway 1 (assisted living facility) requires PUD 5
approval as a mixed-use development pursuant to Future Land 6
Use Policy 1.B.3. 7
b. 201‒230 Mariner Court (condominium) is classified “Medium-8
Density Residential,” which restricts it to residential uses only, 9
with density restricted by Special Policy 5.18. 10
c. 555 US Highway 1 (Faith Lutheran Church) is classified “Public 11
Buildings & Grounds.” 12
d. 501 US Highway 1 (Village Hall) and 303 Anchorage Drive 13
(Library) are classified “Public Buildings & Grounds.” 14
e. 560 US Highway 1 (Police Station) is classified as “Other Public 15
Facilities.” 16
1. Hotel, motels and time-share units. 17
2. Restaurants and cocktail lounges where food and drink may be consumed on the premises 18
only and where eating and serving areas are entirely contained within the building or the 19
premises otherwise qualify under outdoor seating provisions of Appendix C —Zoning not 20
including drive-in hamburger, ice cream, soft drink, or other drive-in and/or carry-out eating 21
establishments. 22
3. Golf clubs and their accessory uses—such as restaurant, bar-cocktail lounges, driving ranges 23
and golf equipment stores. 24
4. Financial institutions. 25
5. Professional offices, studios and clinics. 26
6. Private clubs and lodges. 27
7. Veterinary establishments, provided that all animals shall be kept inside soundproof and air 28
conditioned buildings; provided there are no animal cemeteries used in connection therewith. 29
8. Funeral homes; provided that no process for the disposal of bodies is used in connection 30
therewith, including cremation. 31
9. Churches and/or auditoriums. 32
10. Personal service establishments, such as barbershops, beauty shops, health salons. 33
11. Utility company offices. 34
12. Florist shops. 35
13. Clothing stores. 36
14. Stationery stores, book stores and/or art supply shops. 37
15. Pharmacies or apothecaries. 38
16. Photographic studios and camera shops. 39
17. Bakery shops, where products are sold at retail only. 40
18. Sporting goods stores. 41
19. Personal gift shops. 42
20. Jewelry stores. 43
21. Marinas and their accessory uses, such as wet boat storage facilities, gasoline supplies, minor 44
repair facilities that are incidental to wet boat storage and do not involve large boats and/or 45
engine overhaul. 46
Exhibit 1 (C-A to C-MU)
Proposed Changes to C-A Zoning District Page 4 of 39
C. Regulating plan and street frontages. Conditions for permitted uses. 1
1. The C-MU zoning district includes a regulating plan that shows 2
existing conditions (e.g. lot lines, building footprints, and rights-of-3
way) and then defines how and where certain regulations will apply 4
(e.g. setbacks and height restrictions). The regulating plan for the C-5
MU district is presented in Figures 1 through 4. 6
2. The regulating plan also defines the street frontages of all lots as either 7
corner, mid-block, or local street. These street frontage types 8
determine allowable building frontages. The building frontage type 9
selected by a landowner determines many of the specific regulations 10
that will apply to redevelopment, including the build-to zone or 11
setback along the street frontage. See subsection 45-31.D for details. 12
3. The remainder of the C-MU district provides standards on these 13
subjects: 14
a. Site and bulk standards are provided in subsection 45-31.E, 15
including setbacks, build-to zone, building frontage standards, 16
building height, floor and ceiling height, density, and landscape 17
standards. 18
b. Architectural features are addressed in subsection 45-31.F, 19
including entrances, façade transparency, awnings, balconies, 20
and bay windows. 21
c. Street, alley, and easement standards are provided in subsection 22
45-31.G. 23
d. Parking standards are provided in subsection 45-31.H. 24
e. Review procedures are provided in subsection 45-31.I. 25
1. All activities (except restaurants that qualify under outdoor seating provisions of 26
Appendix C—Zoning, golf clubs, swimming pools and wet boat storage), sales and 27
storage of goods must be conducted entirely within completely enclosed buildings 28
with permanent nonmoving outside walls. 29
2. No outside sidewalk or parking lot storage or display of merchandise will be 30
permitted. 31
3. No manufacturing, or production of products for retail or wholesale will be permitted 32
except for bakeries and their related retail sales items. 33
4. All new marinas and major improvements to existing marinas shall provide sewage 34
pump-out service to boats seven (7) meters (twenty-two and ninety-seven hundredths 35
(22.97) feet) in length or more. 36
Exhibit 1 (C-A to C-MU)
Proposed Changes to C-A Zoning District Page 5 of 39
1 Figure 1 Regulating Plan, Yacht Club Dr. to Anchorage Dr (north)
Exhibit 1 (C-A to C-MU)
Proposed Changes to C-A Zoning District Page 6 of 39
1 Figure 2 Regulating Plan, Anchorage Dr (north) to Lighthouse Dr.
Exhibit 1 (C-A to C-MU)
Proposed Changes to C-A Zoning District Page 7 of 39
1
Figure 3 Regulating Plan, Lighthouse Dr. to Ebbtide Dr.
Exhibit 1 (C-A to C-MU)
Proposed Changes to C-A Zoning District Page 8 of 39
1 Figure 4 Regulating Plan, Ebbtide Dr. to Earman River
Exhibit 1 (C-A to C-MU)
Proposed Changes to C-A Zoning District Page 9 of 39
D. Building frontage types. 1
1. The allowable building frontage types for each lot are determined by 2
the designated street frontage for that lot. 3
a. Three types of street frontages are defined on the regulating plan 4
for existing streets: Corner, Mid-block, or Local Street. 5
b. A landowner may select any of the allowable building frontage 6
types shown on Table 2 for the street frontage shown on the 7
regulating plan. 8
i) For lots with two street frontages, building frontages must 9
be selected for each street frontage. 10
ii) A landowner with enough frontage on a street to 11
accommodate two or more permitted building frontages 12
may designate the corresponding building frontages for that 13
street frontage. 14
iii) Regulations for each building frontage are summarized in 15
Table 3 through 8. 16
c. Table 2 also shows a fourth street frontage, which applies only if 17
a landowner chooses to construct a new street between US 18
Highway 1 and the alley in the areas designated on the regulating 19
plan; see subsection 45-31.G for details. 20
21
Table 2 Allowable Building Frontages For Each Street Frontage
STREET FRONTAGE TYPES
Building Frontage Types CORNER MID-BLOCK LOCAL STREET NEW STREET
Gallery Frontage (Table 3) ● ● ○ ●
Storefront Frontage (Table 4) ● ● ○ ●
Forecourt Frontage (Table 5) ○ ● ● ●1
Stoop Frontage (Table 6) ○ ● ● ●1
Canopy Frontage (Table 7) ● ● ○ ●
Lobby Frontage (Table 8) ○ ● ● ●1
Key:
Building frontage permitted: ●
Building frontage not permitted: ○
Building frontage permitted beyond 150' from US Highway 1 only: ●1
2. Tables 3 through 8 summarize the regulations for each building 22
frontage. Regulations that do not vary by building frontage type, such 23
as permitted uses and building heights, are described throughout 24
section 45-31. 25
Exhibit 1 (C-A to C-MU)
Proposed Changes to C-A Zoning District Page 10 of 39
Table 3 Building Frontage: GALLERY
A gallery is a roofed promenade extending
along the wall of a building and supported by
arches or columns on the outer side. A gallery
shields space below like a canopy but provides
usable space above, either private open space
or fully enclosed space. Depending on its
design, a gallery can be an arcade, a
colonnade, or a primarily decorative feature.
Gallery Plan Gallery Cross-Section
Setbacks (see 45-31.E.1.a) Main Entrance (see 45-31.F.1)
Build-to Zone (see 45-31.E.1.b) Façade Transparency (see 45-31.F.2)
Build-to zone: 0 min., 10' max.
min
D, E Ground story: 30% min.
Building Frontage Standards (see 45-31.E.2) Upper stories: 20% min.
Percentage: 70% min.
Building Height (see 45-31.E.3) Encroachments (see 45-31.F.3)
Floor and Ceiling Height (see 45-31.E.4) Awnings (see 45-31.F.4)
Landscape Standards (see 45-31.E.5) Balconies (see 45-31.F.5)
Streetscape Standards (see 45-31.E.6) Bay Windows (see 45-31.F.6)
Parking Standards (see 45-31.H)
Gallery Dimensions
Width: 10' min. F Ceiling height: 10' min. clear for ground story
9' min. clear for upper story
I
Depth: 8' min. clear path for pedestrians G J
Setback from curb: 2' min.; except 8’ min. along H Overall height: 10' min., 40' max. K
US Highway 1 Cumulative
gallery width:
70% of building frontage
Exhibit 1 (C-A to C-MU)
Proposed Changes to C-A Zoning District Page 11 of 39
Table 4 Building Frontage: STOREFRONT
A storefront is a flexible space at the sidewalk
level that is directly accessible by pedestrians
and suitable for retail sales. A storefront has a
mostly transparent façade and a gallery,
canopy, or awning that shades the storefront’s
windows and doors and the sidewalk.
Main entrances to each storefront open
directly onto the sidewalk or onto a forecourt.
Storefronts that are part of the storefront
frontage type create the best pedestrian and
retail experience.
Storefront Plan Storefront Cross-Section Storefront Front Elevation
Setbacks (see 45-31.E.1.a) Main Entrance (see 45-31.F.1)
Build-to Zone (see 45-31.E.1.b) Façade Transparency (see 45-31.F.2)
Build-to zone: 0' min., 5' max.
min
D, E Ground story: 70% min.
Building Frontage Standards (see 45-31.E.2) Upper stories: 40% min.
Percentage: 60% min.
Building Height (see 45-31.E.3) Encroachments (see 45-31.F.3)
Floor and Ceiling Height (see 45-31.E.4) Awnings (see 45-31.F.4)
Ground-story elevation: .5' max. A
Ground-story ceiling: 12' min., 16' max. B Balconies (see 45-31.F.5) Landscape Standards (see 45-31.E.5)
Bay Windows (see 45-31.F.6) Streetscape Standards (see 45-31.E.6)
Parking Standards (see 45-31.H)
Storefront Dimensions
Cover depth: 4' min. E Door intervals: No more than 50' apart
Cover height: 10' min. clear F Window sill height: 1' min., 3' max. K
Setback from curb: 2' min.; except 8’ min.
along US Highway 1
G Top of windows: 8' min. L
Expression line: 10' min. and below
second story M Door recess: 5' max. H
Cumulative
storefront width:
70% of building
frontage min.
I
1
Exhibit 1 (C-A to C-MU)
Proposed Changes to C-A Zoning District Page 12 of 39
Table 5 Building Frontage: FORECOURT
A forecourt is a small private open space that
is open to the sidewalk and bounded on two or
three sides by the exterior walls of buildings.
Although forecourts are allowed on most
building frontages, one or more forecourts are
dominant features on the façade in the
forecourt building frontage.
Forecourt Plan Forecourt Cross-Section
Setbacks (see 45-31.E.1.a) Main Entrance (see 45-31.F.1)
Build-to Zone (see 45-31.E.1.b) Façade Transparency (see 45-31.F.2)
Build-to zone: 5' min., 20' max.
Min
D Ground story: 30% min.
Building Frontage Standards (see 45-31.E.2) Upper stories: 20% min.
Percentage: 60% min.
Building Height (see 45-31.E.3) Encroachments (see 45-31.F.3)
Floor and Ceiling Height (see 45-31.E.4) Awnings (see 45-31.F.4)
Landscape Standards (see 45-31.E.5) Balconies (see 45-31.F.5)
Streetscape Standards (see 45-31.E.6) Bay Windows (see 45-31.F.6)
Forecourt Dimensions Parking Standards (see 45-31.H)
Width of individual
forecourts:
15' min. F
Review Procedures (see 45-31.I)
Depth: 10' min., 40' max. G
Width of combined
forecourts:
10' min., 40% max.
of building frontage
1
Exhibit 1 (C-A to C-MU)
Proposed Changes to C-A Zoning District Page 13 of 39
Table 6 Building Frontage: STOOP
Stoops are staircases and elevated entrance
platforms that lead to main entrances.
Stoops are generally taller than porches to
match the higher ground-story floors that are
needed to maintain privacy in urban areas.
Stoop Plan Stoop Cross-Section
Setbacks (see 45-31.E.1.a) Main Entrance (see 45-31.F.1)
Build-to Zone (see 45-31.E.1.b) Façade Transparency (see 45-31.F.2)
Build-to zone: 5' min., 20' max.
min
D Ground story: 20% min.
Building Frontage Standards (see 45-31.E.2) Upper stories: 20% min.
Percentage: 60% min.
Building Height (see 45-31.E.3) Encroachments (see 45-31.F.3)
Floor and Ceiling Height (see 45-31.E.4) Awnings (see 45-31.F.4)
Ground-story
elevation:
3' min. A
Landscape Standards (see 45-31.E.5) Balconies (see 45-31.F.5)
Streetscape Standards (see 45-31.E.6) Bay Windows (see 45-31.F.6)
Stoop Dimensions Parking Standards (see 45-31.H)
Spacing of stoops: 28' on center (average)
Width: 5' min., 8' max. F Review Procedures (see 45-31.I)
Depth: 5' min., 8' max. G
Ceiling height: 8’ min. H
Elevation: 3' min. above sidewalk I
1
Exhibit 1 (C-A to C-MU)
Proposed Changes to C-A Zoning District Page 14 of 39
Table 7 Building Frontage: CANOPY
A canopy frontage contains a permanently
attached rigid canopy that projects outward
from the façade to shield the main entrance,
windows, and sidewalk from the elements.
Canopy Plan Canopy Cross-Section
Setbacks (see 45-31.E.1.a) Main Entrance (see 45-31.F.1)
Build-to Zone (see 45-31.E.1.b) Façade Transparency (see 45-31.F.2)
Build-to zone: 0' min., 10' max.
Min
D, E Ground story: 30% min. Building Frontage Standards (see 45-31.E.2) Upper stories: 20% min.
Percentage: 60% min.
Building Height (see 45-31.E.3) Encroachments (see 45-31.F.3)
Floor and Ceiling Height (see 45-31.E.4) Awnings (see 45-31.F.4)
Landscape Standards (see 45-31.E.5) Balconies (see 45-31.F.5)
Streetscape Standards (see 45-31.E.6) Bay Windows (see 45-31.F.6)
Canopy Dimensions Parking Standards (see 45-31.H)
Height: 10' min. clear G
Depth: 8' min. H Review Procedures (see 45-31.I)
Cumulative width: 60% min. of
building frontage I
Setback from curb: 2' min.; except 8’ min. J
along US Highway 1
1
Exhibit 1 (C-A to C-MU)
Proposed Changes to C-A Zoning District Page 15 of 39
Table 8 Building Frontage: LOBBY
Lobby frontages provide one or more
prominent entrances to internal lobbies that are
visible from the street and sidewalk.
Lobby Plan (Indented) Lobby Plan (Extended)
Setbacks (see 45-31.E.1.a) Main Entrance (see 45-31.F.1)
Build-to Zone (see 45-31.E.1.b) Façade Transparency (see 45-31.F.2)
Build-to zone: 5' min., 20' max.
Min
D Ground story: 30% min.
Building Frontage Standards (see 45-31.E.2) Upper stories: 20% min.
Percentage: 60% min.
Building Height (see 45-31.E.3) Encroachments (see 45-31.F.3)
Floor and Ceiling Height (see 45-31.E.4) Awnings (see 45-31.F.4)
Landscape Standards (see 45-31.E.5) Balconies (see 45-31.F.5)
Streetscape Standards (see 45-31.E.6) Bay Windows (see 45-31.F.6)
Dimensions of Lobby Entrances Parking Standards (see 45-31.H)
Depth: 10' min., 15' max. H
Width: 10' min., 30' max. I Review Procedures (see 45-31.I)
1
Exhibit 1 (C-A to C-MU)
Proposed Changes to C-A Zoning District Page 16 of 39
E. Building Site area regulations. and bulk standards. 1
1. Setbacks and build-to zones. 2
a. Setbacks. Minimum setbacks between buildings and side, rear, 3
and Local Street front lot lines are illustrated on Figure 5 and 4
established as follows: 5
i) Side setbacks (“A”) are 0 feet 6
ii) Rear setbacks (“B”) are 0 feet (measured from the new 7
easement for lots located along alleys). 8
iii) Local Street front setbacks (“C”) are 15 feet 9
b. Build-to zone. A build-to zone is specified for each frontage 10
type; see Tables 3 through 8. The build-to zone is parallel to the 11
street frontage and is measured from the front lot line, except 12
along US Highway 1 where it is measured from the new 13
sidewalk easement which is required by subsection 45-31.G. 14
Figure 5 shows build-to zones as “D” for mid-block lots and as 15
“E” for corner lots and lots facing new streets. A portion of a 16
building’s facade that faces that street frontage must be placed 17
within the specified build-to zone (see explanation in subsection 18
45-31.E.2). 19
i) For properties facing New Streets as defined in subsection 20
45-31.G, build-to zones (“D” and “E”) are measured from 21
the outer edges of the new sidewalks (see Figure 12). 22
ii) Allowable encroachments beyond the build-to zone are 23
specified in subsection 45-31.F.3. 24
iii) For properties facing Local Streets, the front setback (“C”) 25
shall be observed instead of the build-to zone. 26
Exhibit 1 (C-A to C-MU)
Proposed Changes to C-A Zoning District Page 17 of 39
Figure 5 Setbacks and Build-To Zones
1. Minimum building lot size. The minimum lot of building site area for each 1
commercial building shall be sixteen thousand (16,000) square feet and have a width 2
of not less than eighty (80) feet measured at the front and rear lot lines and at the 3
front building line. 4
2. Maximum lot coverage. Main and accessory buildings shall cover no more than 5
thirty-five (35) percent of the total lot area. 6
3. Minimum lot coverage. No main and accessory buildings shall be constructed that 7
would occupy less than ten (10) percent of the total lot area or two thousand (2,000) 8
square feet, whichever is greater. 9
F. Yards. 10
1. Front yards. All buildings facing U.S. [Highway No.] 1 shall set back from the 11
right-of-way to provide a front yard of not less than seventy (70) feet. All buildings 12
shall [be] set back from the rights-of-way of streets which intersect with U.S. 13
[Highway No.] 1 providing a yard of not less than twenty-five (25) feet. 14
2. Side yards. All buildings less than twenty-five (25) feet in height or two (2) stories 15
in height shall [be] set back from side lot lines so as to provide side yards of not less 16
than twenty (20) feet. 17
All buildings three (3) stories in height shall [be] set back from side lot lines so as to 18
provide side yards of not less than twenty-five (25) feet. 19
All buildings four (4) stories in height shall [be] set back from side lot lines so as to 20
provide side yards of not less than thirty (30) feet. 21
3. Rear yard. All buildings less than twenty-five (25) feet in height or two (2) stories 22
in height shall be set back from the rear lot line so as to provide a rear yard of not 23
less than thirty (30) feet. 24
All buildings three (3) stories in height shall [be] set back from the rear lot line so as 25
to provide a rear yard of not less than thirty-five (35) feet. 26
All buildings four (4) stories in height shall [be] set back from the rear lot line so as 27
to provide a rear yard of not less than forty (40) feet. 28
Exhibit 1 (C-A to C-MU)
Proposed Changes to C-A Zoning District Page 18 of 39
2. Building frontage standards. The portion of a new building’s façade 1
that is located in the build-to zone is called the building frontage. The 2
width of the building frontage must comply with the building frontage 3
percentage standards for each building frontage type (see Tables 3 4
through 8). 5
a. Building frontage percentages are calculated by dividing the 6
width of a building or buildings lying within the build-to zone 7
(A) by the width of the lot along the same street frontage (B), as 8
shown in Figure 6. 9
b. Minimum building frontage percentages are specified for each 10
building frontage type in Tables 3 through 8. 11
i) If two building frontage types are used on a wide street 12
frontage, the specified percentages are measured for each type. 13
ii) When buildings are being added or expanded, waivers may be 14
requested in response to specific site limitations. 15
c. For certain architectural features described in this code, a portion 16
of a building’s facade that lies outside the build-to zone may be 17
counted as building frontage. Examples are forecourts or lobby 18
entrances that compl y with the standards in Tables 5 or 8. 19
d. For properties with multiple street frontages, see Figure 5. 20
Figure 6 Building Frontage Percentages
Exhibit 1 (C-A to C-MU)
Proposed Changes to C-A Zoning District Page 19 of 39
3. Density. Residential density in the C-MU zoning district may not 1
exceed 24 units per acre. The acreage in this formula is the total area 2
enclosed by the lot lines of the site being developed, including existing 3
easements and including any land being dedicated for additional right-4
of-way or easements. The residential density of a mixed-use 5
development in the C-MU zoning district shall be increased from 24 to 6
36 units per acre provided a development is consistent with the 7
workforce housing density bonus granted by Policy 1.B.2 in the 8
Comprehensive Plan. 9
4. Building height. 10
a. Buildings may be up to 4 stories tall in the C-MU zoning district, 11
except that: 12
i) Within 25 feet of the rear property line, no portion of a 13
building may exceed 2 stories. 14
ii) Within 50 feet of the rear property line, no portion of a 15
building may exceed 3 stories. 16
iii) The 25-foot and 50-foot restrictions are depicted on the 17
regulating plan. 18
iv) A waiver to allow 5 stories rather than 4 stories may be 19
requested on land north of Anchorage Drive North only. 20
b. For the purpose of calculating the number of stories in a 21
building, stories shall be defined as the space between finished 22
floor and finished ceiling, adjusted as follows: 23
i) Each level devoted to parking is considered as individual 24
story when calculating the number of stories in a building, 25
except where parking levels are screened by other rooms in 26
the same building or screened by a liner building that is at 27
least two stories tall with rooms at least 20 feet deep. 28
ii) When parking levels are constructed on a slope or are 29
connected by sloping or circular ramps, the number of 30
stories will be based on the non-sloped area. If there are no 31
non-sloped areas, the number of stories will be counted as 32
the highest parking level plus each parking level below. 33
iii) A mezzanine will not count towards the number of stories 34
provided that the total area of mezzanine level is less than 35
40 percent of the floor area of the main story below. 36
iv) Buildings may include a partial story above the maximum 37
number of stories otherwise allowed provided the floor area 38
of the partial story is less than 30% of the floor area of the 39
story below. Developers are encouraged to utilize this 40
allowance on portions of buildings that are closest to street 41
intersections and for architectural features such as towers or 42
cupolas. 43
Exhibit 1 (C-A to C-MU)
Proposed Changes to C-A Zoning District Page 20 of 39
v) Rooftop gardens, pools, restaurants or cocktail lounges are 1
permitted. All rooftop facilities shall be sufficiently 2
screened from the street and adjacent properties. Adequate 3
trees, shrubs, or greenspace shall be provided on any active 4
rooftop facility. Only portions of the rooftop that are 5
enclosed will count as a partial building story. A waiver 6
may be granted to allow a rooftop restaurant or cocktail 7
lounge to exceed the 30% partial story allowance in 45-31 8
(4) (b) (iv). 9
c. The maximum height of a building in feet is controlled by the 10
maximum ceiling heights for individual stories, as provided in 11
subsection 45-31.E.5. 12
D. Building height regulations. No building or structure shall 13
exceed four (4) stories or forty-four (44) feet. Elevator towers 14
and mechanical apparatus are not restricted to the forty-four-foot 15
limit.5. 16
5. Floor and ceiling height. 17
a. This code provides standards for the elevation of certain ground-18
story floors and minimum/maximum dimensions for ceiling 19
heights. Figure 7 and Table 9 illustrate how these standards are 20
measured: 21
(i) Floor elevations are measured from the existing or 22
anticipated sidewalk to the top of the finished floor of the 23
ground story. 24
(ii) Ceiling heights are measured from the top of the finished 25
floor to the underside of the tallest finished ceiling of each 26
story; see exceptions in subsection b. 27
Exhibit 1 (C-A to C-MU)
Proposed Changes to C-A Zoning District Page 21 of 39
Figure 7 Floor and Ceiling Measurements
1
Table 9 Floor and Ceiling Standards
Min. Max. Key
Elevation of ground-story floor above sidewalk:
Storefront only no min. 0.5' A
Stoop only 3' no max. A
All other building frontage types no min. no max. A
Height of ground-story ceiling:
Storefront only 12' 16' B
All other building frontage types 9' 14' B
Height of upper-story ceilings: 9' 12' C
Space between ceiling and floor above no min. 4' D
2
3
b. Ceiling height exceptions. The minimum and maximum ceiling 4
height standards in Table 9 do not apply in the following 5
circumstances: 6
i) A story in or under a building that is devoted to parking is 7
counted as a story when calculating the number of stories in 8
a building, but does not need to comply with the minimum 9
or maximum ceiling heights in Table 9. 10
ii) When the total area of mezzanine level is less than 40 11
percent of the floor area of the story below, the mezzanine 12
Exhibit 1 (C-A to C-MU)
Proposed Changes to C-A Zoning District Page 22 of 39
level does not need to comply with the minimum ceiling 1
heights in Table 9. 2
iii) Individual rooms without finished ceilings, such as utility 3
or storage rooms, do not need to comply with the minimum 4
or maximum ceiling heights in Table 9 provided that the 5
remainder of that story complies with the minimum and 6
maximum heights. 7
6. Landscape standards. 8
a. Landscaping required. Landscaping shall be required in the 9
following areas as required by the village’s landscaping 10
requirements: 11
i) Miscellaneous landscape elements, as required in section 12
45-88; 13
ii) Off-street parking lots, as required in section 45-89; 14
iii) Site perimeters, as required in section 45-90; and 15
iv) Base of foundation, as required by section 45-91. 16
b. Special requirements for C-MU zoning district. The village’s 17
landscaping requirements contain certain special requirements 18
for the C-MU zoning district: 19
i) Section 45-90 requires minimum buffer widths for site 20
perimeters. 21
▪ These buffer widths do not apply in front of buildings 22
that meet the standards for a gallery, storefront, or 23
canopy building frontage type. See Table 45-90. 24
▪ Along US Highway 1, buffer strips in front yards may 25
not be planted on a sidewalk easement. See section 45-26
34.1.G. 27
ii) Section 45-91 requires landscaped areas around the base of 28
foundations. This requirement does not apply in front of 29
buildings that meet the standards for a gallery, storefront, 30
or canopy building frontage type. 31
F. Architectural features. Requirements are provided below for the location 32
of a building’s main entrance and the percentage of transparent openings on 33
its façade. Allowances are then provided for certain architectural elements 34
that may encroach into setbacks and build-to zones and in some cases over 35
rights-of-way. 36
1. Main entrance. 37
a. A building’s main entrance is its principal point of access for 38
pedestrians. All buildings must have their main entrance facing a 39
street frontage, or a courtyard or forecourt that is entered from a 40
street frontage. Additional entrances are encouraged. 41
Exhibit 1 (C-A to C-MU)
Proposed Changes to C-A Zoning District Page 23 of 39
b. Buildings fronting on two streets must have a pedestrian entrance 1
on both streets. 2
c. Additional rules for storefront doors are provided in Table 4. 3
2. Façade transparency. 4
a. Transparency means the amount of transparent window glass or 5
other openings in a building’s facade along a street frontage, 6
relative to the overall surface area of the façade. This ratio is 7
expressed as a percentage and is calculated separately for the 8
ground story of a façade and for each upper story. 9
b. Building façades along a street frontage must meet the minimum 10
façade transparency requirements in Table 10 to provide natural 11
surveillance of sidewalks and streets, to provide interior daylight, 12
and to allow clear views into storefronts. 13
c. Façade transparency percentages are calculated for the area 14
between the finished floor and finished ceiling of each story 15
along each street frontage; see Figure 8. For the purposes of 16
these measurements: 17
i) Glazed windows and doors with tinted glass or applied 18
films will be considered transparent if they transmit at least 19
50% of visible daylight. 20
ii) The transparent area of windows and doors includes rails 21
and stiles as well as muntin bars and other separators within 22
primarily glazed areas; but the transparent area excludes 23
outer solid areas such as jambs, sills, and trim. 24
25
Exhibit 1 (C-A to C-MU)
Proposed Changes to C-A Zoning District Page 24 of 39
Table 10
Façade Transparency Percentages
Figure 8
Calculating Façade Transparency
Building Frontage Ground Story
Each Upper Story
Gallery 30% min. 20% min.
Storefront 70% min. 40% min.
Forecourt 30% min. 20% min.
Stoop 20% min. 20% min.
Canopy 30% min. 20% min.
Lobby 30% min. 20% min.
3. Encroachments. Many architectural elements described in 1
subsections 45-31.D and 45-31.F may project beyond the closest point 2
to a property line where an exterior wall may be constructed. Table 11 3
identifies the allowable projections; the key column refers to Figure 5. 4
a. On private property. These elements may project into side or 5
rear setbacks and project forward beyond the build-to zone 6
including onto sidewalk easements to the extent permitted by 7
Table 11 provided this code’s requirements for each element are 8
met. 9
b. On public property. Some of these elements may also extend 10
horizontally over a public right-of-way in accordance with those 11
regulations to the extent permitted by Table 11 provided this 12
code’s requirements for each element are met in addition to these 13
general requirements: 14
i) Must maintain at least 10' of vertical clearance. 15
ii) Must meet any insurance or liability requirements 16
established by the Village Attorney. 17
Exhibit 1 (C-A to C-MU)
Proposed Changes to C-A Zoning District Page 25 of 39
iii) Must obtain prior approval from the responsible entity for 1
any encroachment over a right-of-way not maintained by 2
the village, such as US Highway 1. 3
c. Sidewalk cafes with outdoor table service may be provided on 4
public sidewalks when in compliance with all village codes. 5
Table 11 Encroachments
Dimension Key
Side (interior) (all features) 4' max. into side setback A
Rear (all features) 4' max. into rear setback B
Front (on private property
facing a local street))
4' max. into front setback C
Front (on private property
facing all other streets)
no max. on private property D, E
Front (on public property
facing all other streets):
Gallery (Table 3) up to 2' from curb; except up to 8’ from curb along US Highway 1 D, E
Storefront cover (Table 4) up to 2' from curb; except up to 8’ from curb along US Highway 1 D, E
Forecourt (Table 5) no encroachment allowed
D, E
Stoop (Table 6) no encroachment allowed
D, E
Canopy (Table 7) up to 2' from curb; except up to 8’ from curb along US Highway 1 D, E
Lobby (Table 8) no encroachment allowed
D, E
Awning (45-31.F.4) up to 2' from curb; except up to 8’ from curb along US Highway 1 D, E
Balcony (45-31.F.5) up to 2' from curb; except up to 8’ from curb along US Highway 1 D, E
Bay window (45-31.F.6) up to 2' from curb (upper stories only); except up to 8’ from curb along US Highway 1
D, E
4. Awnings. 6
a. An awning is a flexible cover that projects outward from a 7
building’s exterior wall to shield a window, door, sidewalk, or 8
other space below from the elements. 9
b. To encourage the construction of awnings, awnings are allowed 10
to project horizontally beyond the closest point to a property line 11
Exhibit 1 (C-A to C-MU)
Proposed Changes to C-A Zoning District Page 26 of 39
where an exterior wall may be constructed, including over a 1
public right-of-way. See subsection 45-31.F.3 for allowances and 2
limitations on such encroachments. To qualify for these 3
encroachments, the awning must meet the following 4
requirements: 5
i) The depth of the awning from the face of the building must 6
be at least 4 feet. 7
ii) The height of the awning from the sidewalk to the 8
underside of the awning must be at least 10 feet. 9
iii) High-gloss or plasticized fabrics may not be used. 10
iv) Awnings may not be back-lit. 11
Table 12 Awning Dimensions
Dimension Key
Depth 4' min. E
Height 10' min. clear F
12
Figure 9 Awning
5. Balconies. 13
a. A balcony is an unenclosed private open space that typically 14
projects outward from a building’s exterior wall. 15
b. To encourage the construction of balconies, balconies are 16
allowed to project horizontally beyond the closest point to a 17
property line where an exterior wall may be constructed. 18
Balconies in upper stories may also project horizontally over a 19
public right-of-way. See subsection 45-31.F.3 for allowances and 20
Exhibit 1 (C-A to C-MU)
Proposed Changes to C-A Zoning District Page 27 of 39
limitations on such encroachments. To qualify for these 1
encroachments, the balcony must meet the requirements in Table 2
13. 3
Table 13 Balcony Dimensions
Dimension Key
Depth 4' min. E
Height 10' min. clear F
4
Figure 10 Balcony
5
6. Bay windows. 6
a. A bay window creates interior space that projects outward from a 7
building’s exterior wall. 8
b. To encourage the construction of bay windows, bay windows are 9
allowed to project horizontally beyond the closest point to a 10
property line where an exterior wall may be constructed. Bay 11
windows in upper stories may also project horizontally over a 12
public right-of-way. See subsection 45-31.F.3 for allowances and 13
limitations on such encroachments. To qualify for these 14
encroachments, the balcony must meet the requirements in Table 15
14. 16
Exhibit 1 (C-A to C-MU)
Proposed Changes to C-A Zoning District Page 28 of 39
Table 14 Bay Window Dimensions
Dimension Key
Depth 4' min. E
Height 2 stories max. F
1
Figure 11 Bay Window
G. Street, alley, and easement standards. 2
1. New streets. Landowners may choose to construct a new street 3
between US Highway 1 and the alley in the areas designated on the 4
regulating plan. The following standards apply to any such new 5
streets: 6
a. Cross-section. New streets shall be designed in accordance with 7
Figure 12 and constructed by the developer concurrently with the 8
development. 9
10
11
12
13
14
Exhibit 1 (C-A to C-MU)
Proposed Changes to C-A Zoning District Page 29 of 39
1
2
3
4
Figure 12
Description: Details: Key:
Width of right-of-way 60’ A
Movement type Slow
Target speed 25 mph
Width of pavement 36’ B
Travel lanes 10’ travel lanes C
Bicycle facilities shared travel lanes C
On-street parking 8’ parallel parking D
Pedestrian facilities 12’ sidewalks E
Furnishing strip: F
Planter type 5’ by 5’ tree grates
Tree spacing 30’ average
5
Exhibit 1 (C-A to C-MU)
Proposed Changes to C-A Zoning District Page 30 of 39
b. Other design and construction standards. On subjects where 1
Figure 12 does not provide design guidance, for instance 2
driveway widths and curb radii at intersections, design shall be in 3
accordance with NACTO’s Urban Street Design Guide. 4
i) Pavement, subgrade, drainage, and utilities must meet 5
construction specifications of the Village of North Palm 6
Beach. 7
ii) The construction specifications for sidewalks in section 24-8
43 apply along new streets. 9
iii) Street trees must be planted and maintained on both sides 10
of new streets. 11
iv) Where an Applicant demonstrates that an alternative street 12
design achieves a better outcome, waivers may be granted 13
from specific standards in Figure 12. 14
c. Ownership and maintenance. New streets shall be owned and 15
maintained privately unless another entity acceptable to the 16
Village of North Palm Beach accepts this responsibility. 17
Irrespective of ownership and maintenance, landowners must 18
guarantee perpetual public access to new streets in a form 19
suitable to the Village Attorney. 20
d. Build-to zones. Build-to zones for buildings facing a new street 21
will be determined in accordance with subsection 45-31.E.1 22
irrespective of the new street’s ownership. 23
e. Building frontage standards. Building frontage standards for 24
buildings facing a new street will be determined in accordance 25
with subsection 45-31.E.2. 26
2. Existing alleys. The C-MU district is served by alleys on both sides of 27
US Highway 1 that are essential for general circulation and for access 28
for services. To protect and enhance these functions, the following 29
standards apply during the development process to all properties that 30
abut an existing alley: 31
a. A 7-foot perpetual transportation and utility easement must be 32
dedicated to the village along the alley, in a form acceptable to 33
the Village Attorney. 34
b. Setbacks for buildings along alleys are specified in subsection 35
45-31.E.1. 36
c. Setbacks for surface parking along alleys are specified in Table 37
15 (subsection 45-31.H). 38
d. The 5-foot landscaped strip required by section 45-90 must be 39
planted and maintained adjoining the new easement. 40
Exhibit 1 (C-A to C-MU)
Proposed Changes to C-A Zoning District Page 31 of 39
e. Refuse containers and other service or utility equipment must 1
meet the same setbacks as for surface parking. Refuse container 2
areas must be screened in accordance with section 45-88. 3
3. Sidewalk easements. All properties in the C-MU district abut US 4
Highway 1, a regional highway that also serves local travelers in 5
vehicles, on foot or bike, or using public transit. To enhance non-6
vehicular travel along this corridor, the following standards apply 7
during the development process: 8
a. A 7-foot perpetual sidewalk easement must be dedicated to the 9
village along the US Highway 1 frontage, in a form acceptable to 10
the Village Attorney. 11
b. This easement must be paved at the time of development to the 12
same elevation as the adjoining sidewalk in accordance with the 13
construction specifications in section 24-43. 14
c. The landscape strip required by section 45-90 must be planted 15
and maintained on the remainder of the property beyond the 16
sidewalk easement, except that no trees are required in this strip. 17
18
H. G. Off-street Parking standards. and loading regulations. 19
1. Location of parking lots. Surface parking lots must be set back from 20
streets at least the distances provided in Table 15, as illustrated in 21
Figure 13. 22
Figure 13 Setbacks for Surface Parking Lots
23
Exhibit 1 (C-A to C-MU)
Proposed Changes to C-A Zoning District Page 32 of 39
Table 15 Setbacks for Surface Parking Lots
Parking lot setback, US Highway 1 50' min. A
Parking lot setback, cross street 30' min. B
Parking lot setback, alley 5' min. C
Parking lot setback, New Street 30' min. D
Parking lot setback, side lot lines 0' min. E
Parking lot setback, Local Street 30' min. F
1. Off-street parking shall be either on the same lot or within two hundred (200) feet of the building 1
it is intended to serve measured from the nearest point of the building to the nearest point of the 2
off-street parking lot, without crossing any major thoroughfare. 3
2. Any area once designated as required off-street parking shall not be changed to any other use 4
unless and until equal facilities are provided elsewhere. 5
3. Off-street parking existing at the effective date of these regulations in connection wi th the 6
operation of an existing building or use shall not be reduced to an amount less than hereinafter 7
required for a similar new building or use. 8
4. Two (2) or more buildings or uses may collectively provide the required off-street parking, in 9
which case the required number of parking spaces shall be not less than the sum of the 10
requirements for the several individual uses computed separately. 11
5. The required off-street parking shall be for occupants, employees, visitors, patrons and shall be 12
limited in use to motor vehicles. The storage of merchandise, motor vehicles for sale, or the 13
repair of vehicles is prohibited. 14
2. Parking space ratios. Properties will retain the existing parking ratios 15
as of the date of adoption of the CMU District, which are listed in 16
Table 16 B. In order for properties to be granted the mixed-use district 17
parking ratios listed in 16A, a property must be made considerably 18
closer to the CMU requirements adopted in 2020, as outlined in 19
Section 45-64 (4), or be an entirely new development. The ratios listed 20
in Tables 16A and 16B establish the minimum number of on-site 21
parking spaces unless adjusted as provided in subsection 3. Ratios 22
based on square feet refer to the gross floor area. 23
Table 16.A__Parking Space Ratios
PROPOSED USE PARKING SPACE RATIO
RESIDENTIAL USES
Mobile home park (not permitted)
Dwelling, one family detached (not permitted)
Dwelling, all other dwelling types 1.25 per unit
Live/work unit 1 per 1,000 sq. feet
Assisted living facility 0.5 per resident
Community residential home 0.5 per resident
LODGING USES
Bed-and-breakfast establishment 1 per guest room
Exhibit 1 (C-A to C-MU)
Proposed Changes to C-A Zoning District Page 33 of 39
Hotel1 1 per guest room
Motel 1 per guest room
Time-share unit 1.25 per unit
BUSINESS USES
Offices, general 2 per 1,000 sq. feet
Office or clinic, medical or dental 3 per 1,000 sq. feet
Stores & services, general 2 per 1,000 sq. feet
Stores & services, large format 3 per 1,000 sq. feet
Adult entertainment (not permitted)
Convenience store with fuel 5 per 1,000 sq. feet
Dog daycare 3 per 1,000 sq. feet
Drive-through facility (for any use) ---
Garage, parking ---
Heavy commercial and light industrial: (not permitted)
Contractor and trade operation (not permitted)
Vehicle sales or repair (not permitted)
All other (not permitted)
Medical marijuana treatment center (not permitted)
Restaurant or cocktail lounge 10 per 1,000 sq. feet
Telecommunications antennas ---
CIVIC & EDUCATION USES
Child care facility2 1 per 12 students
Church or place of assembly 1 per 4 peak attendees
Civic space ---
Family day care (no additional parking)
Government building 2 per 1,000 sq. feet
Hospital or medical center (not permitted)
Public space ---
School, public or private 1 per 12 students
1 Hotels with banquet or conference facilities, restaurants, or bars that are open to the public shall 1
provide a parking demand study and provide sufficient spaces for visitors and employees. 2
2 A sufficient loading zone shall be provided to accommodate peak drop off and pick up 3
Table 16.B Parking Spaces Required 4
Uses Parking Spaces Required
Banks; business or professional offices excluding doctors and dentists
One (1) per three hundred (300) square feet of usable floor area, plus one (1) per each three (3) employees
Barbershop or beauty shop Two (2) per barber or three (3) per beautician based on the design capacity of the structure
Churches One (1) per four (4) seats; or one (1) per thirty (30) square feet of usable floor area of auditorium, whichever is greater
Exhibit 1 (C-A to C-MU)
Proposed Changes to C-A Zoning District Page 34 of 39
Country club One (1) per five (5) members
Restaurants and cocktail lounges where food and drink may be consumed on the premises only and where eating and serving areas are entirely contained within the building, not including drive-in hamburger, ice cream, soft drink, or other drive-in and/or carry-out eating establishments
One (1) space for each seventy-five (75) square feet of area devoted to patron use, or one (1) space per three (3) fixed seats, whichever is the greater, plus one (1) space for each one and one-half (1½) projected employees who would be actually working during peak employment hours.
Hotels, motels and tourist courts Three (3) spaces, plus an additional space for each guest bedroom, plus an additional space for each fifteen (15) rooms or portions thereof. For example, a fifteen-room motel would need nineteen (19) parking spaces
Marina Two (2) for each three (3) boat mooring or storage space, boat for rent, as based on the design capacity of the facility. If public boat launching facilities are provided, the parking spaces shall be increased fifty (50) percent of that number as computed above
Medical and dental clinics; doctors and dentists offices One (1) space for each one hundred fifty (150) square feet of floor area up to three thousand (3,000); one (1) additional space for each additional two hundred (200) square feet up to five thousand (5,000); one (1) additional space for each additional two hundred fifty (250) square feet over five thousand (5,000)
Mortuaries or funeral parlors Five (5) spaces per parlor or chapel unit; or one (1) per four (4) seats, whichever is greater
Private clubs, lodge or union headquarters One (1) per three (3) members based on the maximum design capacity of the facility
Retail stores and personal service establishments except as otherwise specified herein
One (1) per two hundred (200) square feet of retail floor space
Shopping centers containing five (5) or more stores, or fifteen thousand (15,000) square feet of building
There shall be a ratio of four (4) square feet of parking (including driveways required for ingress and egress and circulation) to each one (1) square foot of retail floor space
Time shares Off-street parking regulations. For each time-share unit structure, there shall be provided two (2) or more parking spaces measuring at least nine (9) feet by eighteen (18) feet (one hundred sixty-two (162) square feet) each, in accordance with the following formula: Two (2) such spaces shall be provided for each dwelling unit containing not more than two (2) bedrooms, and two and one-half (2½) of such spaces shall be provided for each dwelling unit containing three (3) or more bedrooms, with the provision that for an uneven number of units, the fractional space result produced by the application of such formula shall count as a full space; provided, however, that in multiple-family dwellings containing more than thirty (30) dwellings units, for each dwelling units in excess of thirty (30) units and up to sixty (60) units one (1) such space shall be provided for each dwelling unit containing not more than two (2) bedrooms, and for each dwelling unit in excess of sixty
Exhibit 1 (C-A to C-MU)
Proposed Changes to C-A Zoning District Page 35 of 39
(60) dwelling units one and one-half (1½) such spaces shall be provided for each dwelling unit containing not more than two (2) bedrooms, and two and one-half (2½) of such spaces shall be provided for each dwelling unit containing three (3) or more bedrooms, with the provision that for an uneven number of units, the fractional space result produced by the application of such formula shall count as a full space (For examples: Thirty (30) dwellings units containing two (2) bedrooms each shall require sixty (60) off-street parking spaces; sixty (60) dwelling units containing two (2) bedrooms each shall require ninety (90) off-street parking spaces; and ninety (90) dwelling units containing two (2) bedrooms each shall require one hundred thirty-five (135) off-street parking spaces).
Auditoriums and places of assembly without fixed seats One (1) per three (3) people based on the maximum design capacity of the structure
Veterinary establishments Five (5) spaces per veterinarian based on the maximum design capacity of the facility or five (5) spaces for every four hundred (400) square feet of usable floor space, whichever is greater
1
3. Parking space adjustments. The number of on-site parking spaces 2
calculated using Table 16a shall be adjusted under any one or more of 3
the following circumstances: 4
a. Mixed-use developments qualify for the shared-parking 5
percentage reductions specified in Figure 14 provided the 6
development includes at least 10% of its gross floor area in a 7
second category on Figure 14 (residential, lodging, office, 8
business, and civic/education uses). 9
b. Each on-street parking space provided by the developer within ¼ 10
mile of the on-site parking area will be counted as 2 required 11
parking spaces. 12
c. No on-site parking spaces are required for an office, business, or 13
civic/education use that occupies less than 1,500 square feet (up 14
to three such uses per acre). 15
d. Up to half of the required spaces may be located up to 500 feet 16
off-site in a dedicated or joint-use parking lot provided that 17
permission to use those spaces is specified in a binding 18
agreement that is reviewed and approved during the site plan and 19
appearance review process. 20
e. Restaurants may count each boat slip that is available to the 21
public as one parking space. 22
f. The required number of on-site parking spaces may also be 23
reduced through the waiver process (see section 45-51) or may 24
Exhibit 1 (C-A to C-MU)
Proposed Changes to C-A Zoning District Page 36 of 39
be increased by a special condition applied during the site plan 1
and appearance review process (see sections 6-30‒6-60). 2
g. A deferred parking plan may be approved by the Village if a 3
parking study is provided that demonstrates the need for 4
parking is less than what is required by code, or the owner has 5
demonstrated that an alternative means of access to the uses on 6
the site just ifies the deferral of the construction of a portion of 7
the required parking spaces. The deferred parking plan shall: 8
i) Be designed to contain sufficient space to meet the full 9
parking requirements of the Code. The plan shall illustrate 10
the layout for the full number of parking spaces, and shall 11
designate which parking spaces are to be deferred. 12
ii) Be designed so that the deferred parking spaces are not 13
located in areas required for landscaping, buffer zones, or 14
areas that would otherwise be unsuitable for parking 15
spaces because of the physical characteristics of the land 16
or other requirements of this Code. 17
4. Physical standards for parking lots, driveways, and loading. 18
a. Physical standards for parking lots, driveways, and loading are 19
provided in subsection 45-36.J. 20
Figure 14 Shared Parking Reductions
Exhibit 1 (C-A to C-MU)
Proposed Changes to C-A Zoning District Page 37 of 39
H. Off-street parking lot layout, construction and maintenance. Whenever the 1
required off-street parking requires the building of a parking lot, and 2
wherever a parking lot is built, such parking lot shall be laid out, constructed 3
and maintained in accordance with the following regulations: 4
1. Each parking space shall measure at least nine (9) feet by eighteen (18) 5
feet (one hundred sixty-two (162) square feet) and shall be a definitely 6
designated and marked stall adequate for one (1) motor vehicle. 7
2. All areas devoted to permanent off-street parking as required under 8
this section shall be built in accordance with specifications for streets 9
and parking of the Village of North Palm Beach and maintained in 10
such manner that no dust will result from continuous use. 11
3. The parking lot shall be drained to eliminate surface water. 12
4. Where parking lot abuts a residential district which has common 13
frontage in the same block with the parking lot, there shall be 14
established a setback line of twenty-five (25) feet from the street lot 15
line for the first twenty-five (25) feet from the residential zone. 16
5. Plans for the layout of a parking lot must be approved by the village 17
engineer based on design standards approved by the Institute of Traffic 18
Engineers. 19
6. The parking lot shall not have access from a more restrictive zoning 20
district. 21
7. No parking shall be permitted in the first ten (10) feet of the required 22
front yard depth, measured from the front property line or the first ten 23
(10) feet of a side or rear yard when the side or rear yard abuts a 24
residential zoning district, except as modified in paragraph 4 above. 25
The restriction against parking in the first ten (10) feet of the required 26
front yard depth measured from the front property line shall not apply 27
to those properties which have complied in full with the landscaping 28
provisions of Chapter 41-16 through 41-25 [chapter 27, article III] 29
both inclusive. 30
8. Clearly defined driveways entering on U.S. [Highway No.] 1 shall be 31
constructed using a raised curb of at least six (6) inches in height to 32
delineate the driveways. All streets intersecting with U.S. [Highway 33
No.] 1, currently designed driveways shall be constructed using both 34
concrete button markers of at least four (4) inches in height placed 35
twenty-four (24) inches apart to delineate the driveways. Such 36
driveways shall have separate ingress and egress lanes not to exceed 37
twenty (20) feet in width, exclusive of curb returns. 38
b. Parking lots shall be interconnected with adjoining properties 39
where feasible. Connections help to minimize the number of 40
driveways to US Highway 1 and to reduce unnecessary vehicular 41
use of those driveways to reach adjoining properties. 42
Exhibit 1 (C-A to C-MU)
Proposed Changes to C-A Zoning District Page 38 of 39
i) Prior to approval of new or reconfigured parking lots, 1
landowners are required to make an irrevocable offer of 2
cross-access to the adjacent parcel and must design and 3
build their parking lot to accommodate cross-access. 4
ii) When adjacent landowners seek approval of new or 5
reconfigured parking lots, they will be required to 6
reciprocate with a similar cross-access agreement and then 7
must complete the physical connection. 8
iii Each landowner will control all rights to the use of their 9
own parking spaces, but may choose to allow joint use of 10
surplus parking spaces for a fee of their choosing or 11
through private contracts with other parties. 12
c. Excess driveways to US Highway 1 shall not be approved, and 13
existing driveways shall be consolidated or eliminated wherever 14
possible. The ingress and egress driveways shall be separated by 15
[a] six-inch raised curb island of not less than three (3) feet in 16
width and ten (10) feet in depth back from the right-of-way. 17
i) Driveways to US Highway No. 1 for two (2) adjacent, 18
separately owned parcels should may be located on their 19
joint property line wherever possible. 20
ii) On corner lots, driveways may be required to be located on 21
the less-traveled street. In all cases, driveways may not be 22
located closer than forty (40) feet to an intersection. Except 23
in cases where driveways are located on joint property 24
lines, all driveways must be not less than twenty-five (25) 25
feet from the adjacent property line. Only one (1) such 26
combined driveway shall be permitted for each lot with a 27
width of one hundred (100) feet or less. 28
9. The rear yard of all lots in the C-1A district shall be designed and 29
improved to facilitate loading and unloading. There shall be adequate 30
space for standing, loading and unloading services to avoid undue 31
interference with public use of streets or alleys. 32
5. Standards for parking garages. Parking spaces may be provided 33
under or in buildings or in dedicated parking garages instead of being 34
provided in uncovered surface parking lots. Such parking spaces need 35
not comply with the minimum setbacks for surface parking lots. These 36
parking spaces must be screened from view from all streets. Screening 37
may be provided by rooms in the same building or with a liner 38
building that is at least two stories tall with rooms at least 20 feet deep. 39
I. Time-share structures; floor area. In time-share structures, each dwelling 40
unit having one (1) bedroom shall have a minimum floor area of seven 41
hundred fifty (750) square feet; an additional one hundred fifty (150) square 42
feet of floor area shall be required for each additional bedroom provided. 43
Exhibit 1 (C-A to C-MU)
Proposed Changes to C-A Zoning District Page 39 of 39
J. Architecture. To provide the village with harmonious development, but 1
without undue restrictions, the following features are required: 2
1. All building fronts and sides must be completely enclosed except for 3
necessary doorways for ingress and egress. 4
2. No canopies are permitted unless constructed of metal, or other 5
permanent materials and are installed parallel to the store front 6
sidewalks not less than nine (9) feet above the sidewalk. 7
I. Review procedures. 8
1. Submittal and review procedures. Compliance with the standards of 9
the C-MU district shall be evaluated during the site plan and 10
appearance review process before building and other permits may be 11
issued (see sections 6-30‒6-60). 12
2. Variances. Variances may be granted by the village to standards in 13
the C-MU district using the same procedures and criteria the village 14
uses in granting variances from other regulations (see section 45-50). 15
3. Waivers. Waivers may be granted by the village to certain standards 16
in the C-MU district in accordance with the applicable village 17
procedures for granting waivers (see section 45-51), with these 18
additional requirements: 19
a. The waiver process in the C-MU district cannot be used to: 20
i) Add uses that are not allowable under this code. 21
ii) Increase the allowable residential density. 22
iii) Increase the allowable building height, except for the extra 23
story that may be requested pursuant to 45-31.E.4. 24
b. This additional finding must be made before the village approves 25
a waiver in the C-MU district: 26
i) The proposed waiver meets the intent of the Village of 27
North Palm Beach Citizens’ Master Plan Report, adopted 28
by the village council on October 27, 2016, through 29
Resolution 2016-73. 30
Exhibit 2 (C-C to C-T)
Proposed Changes to C-C Zoning District Page 1 of 2
Sec. 45-32.1. – C-T C-C transitional commercial district. 1
A. General description. This residential/commercial transitional district is to 2
provide for the development of low-intensity residential and business offices 3
and other complementary uses. The C-T C-C district shall serve as a 4
transition between strictly residential areas and intense commercial 5
development. 6
B. Uses permitted. The following uses are permitted in the C-T C-C 7
transitional commercial district: 8
1. Financial institutions 9
2. Professional and business offices, not including medical and dental 10
clinics 11
3. Florists 12
4. Clothing stores 13
5. Stationery stores 14
6. Photo studios/camera shops 15
7. Sporting goods stores 16
8. Gift shops 17
9. Candy shops 18
10. Seamstress/tailor shop 19
11. Personal service establishments, such as barber shops, 12. hair salons, 20
and 13. nail salons 21
12. 14. Instructional dance/music studios 22
13. Family day care home. 23
14. Multiple-family dwelling structures of 2, 3, or 4 dwelling units, 24
provided that residential density does not exceed 12 units per acre. 25
C. Conditions for permitted uses: 26
1. All activities, sales and storage of goods must be conducted entirely 27
within completely enclosed buildings with permanent nonmoving 28
outside walls. 29
2. No outside sidewalk of parking lot storage (or) display of merchandise 30
will be permitted. 31
3. No manufacturing or production of products for retail or wholesale 32
will be permitted. 33
D. Building height regulations. No building or structure shall exceed two (2) 34
stories or twenty five (25) feet. 35
E. Building site area regulations: Maximum floor-area-ratio: 0.70 36
1. Maximum lot coverage. Main and accessory buildings shall cover no 37
more than thirty-five (35) percent of the total lot area. 2. Reserved. 38
Exhibit 2 (C-C to C-T)
Proposed Changes to C-C Zoning District Page 2 of 2
F. Yards. 1
1. Front yards. 2
(a) All buildings shall be constructed from the Alternate A-I-A or 3
Prosperity Farms Road right-of-way to provide a front yard of 4
not less than twenty (20) thirty (30) feet. 5
(b) All buildings shall be set back from the right-of-way of streets 6
which intersect with Alternate A-I-A or Prosperity Farms Road 7
providing a yard of not less than ten (10) twenty-five (25) feet. 8
(c) The ground story of each building facade that faces a front yard 9
must have at least 15% of its surface area in transparent glass 10
that will transmit at least 50% of visible daylight. 11
2. Side and rear yards. All buildings shall be set back from side and rear 12
lot lines so as to provide side and rear yards of not less than: 13
(a) Ten (10) Fifteen (15) feet when abutting a lot with residential 14
zoning. 15
(b) Zero (0) feet when abutting a lot with commercial or mixed-use 16
zoning. 17
3. Rear yards. All buildings shall be set back from rear lot lines so as to 18
provide a rear yard of not less than fifteen (15) feet. 19
G. Off-street parking regulations. Off-street parking shall be provided at half 20
of the number of parking spaces required in: 21
1. the C-S zoning district for commercial uses; and the same as for the 22
CA commercial district. 23
2. the R-2 zoning district for residential uses. 24
H. Off-street parking layout, construction and maintenance shall be as 25
provided in section 45-36.J. the same as for the CA commercial district. 26
I. Landscape standards. Landscaping shall be required in the following areas 27
as required by the village’s landscaping requirements: 28
1. Miscellaneous landscape elements, as required in section 45-88; 29
2. Off-street parking lots, as required in section 45-89; 30
3. Site perimeters, as required in section 45-90, except that no perimeter 31
landscaping is required along a lot line that abuts commercial zoning; and 32
4. Base of foundation, as required by section 45-91. 33
Exhibit 3 (C-1 to C-S)
Proposed Changes to C-1 Zoning District Page 1 of 4
Sec. 45-33. – C-S shopping C-1 neighborhood commercial district. 1
General description. This shopping neighborhood commercial district is 2
established to provide that the principal use of land is devoted to community and 3
neighborhood shopping and to tourism-related transient uses and to encourage the 4
development of these locations for such uses and in such manner as to minimize 5
congestion and interference with other land uses. 6
A. Uses permitted. Within any C-S C-1 neighborhood commercial district, no 7
building, structure, land or water shall be used, except for one (1) or more of 8
the following uses: 9
1. Reserved. Any use permitted in the C-1A limited commercial district. 10
2. Any retail business or commercial use including neighborhood 11
commercial use that meets the daily living needs of village residents 12
and which does not involve the manufacturing or processing of 13
products; provided, however, automobile repair shops are not a 14
permitted use except as an accessory use to an automotive service 15
station or retail automobile tire store. 16
3. Transient commercial uses serving either the motoring public or 17
village residents including hotels and motels, conference and retreat 18
facilities, filling stations, sale of convenience goods, and restaurants. 19
4. Personal service establishments, including, but not limited to, banks, 20
barbershops, bowling alleys, beauty salons, medical and dental clinics, 21
professional and other offices, funeral homes, shoe repair shops, 22
laundry pickup stations and self-service laundries, furniture display 23
stores and drugstores. 24
5. Mobile home park. 25
6. Adult entertainment establishments. 26
7. Religious worship or related religious activities. 27
8. Limited access self-storage facilities are defined as a fully enclosed 28
structure for indoor storage with a minimal amount of access points 29
from the exterior of the building. These exterior access points provide 30
access to interior hallways that directly serve individual storage units 31
rented to the public. No direct access from the exterior of the building 32
to an individual storage unit is permitted. 33
9. Dog daycare, as defined and regulated in the I-1 zoning district. 34
10. Restaurants and cocktail lounges. 35
11. Nursery and private schools. 36
12. Marinas and their accessory uses such as wet boat storage facilities, 37
indoor dry boat storage facilities, gasoline supplies and such minor 38
repair facilities as are incidental to boat storage and which do not 39
involve major boat and/or engine overhaul. 40
13. Multiple-family dwelling structures as a component of a commercial 41
planned unit development containing a commercial component 42
Exhibit 3 (C-1 to C-S)
Proposed Changes to C-1 Zoning District Page 2 of 4
including retail and non-retail commercial facing a primary street 1
frontage with a depth to be determined by the village council. 2
* * * 3
E. Off-street parking regulations. 4
1. Reserved. Same as for the C-1A limited commercial district for 5
churches, motels, hotels, time-share units and restaurants. 6
2. For general business, commercial or personal service establishments, 7
one (1) space for each two hundred (200) square feet of nonstorage 8
first floor area, plus one (1) space for each two hundred (200) square 9
feet of nonstorage area above the first floor. 10
3. Medical or dental offices or clinics, one (1) space for each one 11
hundred fifty (150) square feet of floor area, up to three thousand 12
(3,000) square feet; one (1) additional space for each additional two 13
hundred (200) square feet of floor area up to five thousand (5,000) 14
square feet; one (1) additional space for each additional two hundred 15
fifty (250) square feet of floor space in excess of five thousand (5,000) 16
square feet. 17
4. Offices, one (1) space for each three hundred (300) square feet of floor 18
area used for office purposes. 19
5. Schools and public buildings, one (1) space for each four (4) seats in 20
the main auditorium or place of assembly. 21
6. Theaters, auditoriums, one (1) space for each four (4) seats. 22
7. No parking shall be permitted in the first ten (10) feet of the required 23
front yard depth, measured from the front property line. The restriction 24
against parking in the first ten (10) feet of the required front yard depth 25
measured from the front property line shall not apply to those 26
properties which have complied in full with the landscaping provisions 27
of this code. chapter 41-16 through 41-25 [chapter 27, article III], both 28
inclusive. 29
8. Furniture display stores, one (1) space for each four hundred (400) 30
square feet of sales area. 31
9. Retail business with floor area in excess of fifty thousand (50,000) 32
square feet, one (1) space for each two hundred fifty (250) square feet 33
of non-storage floor area. 34
10. Limited access self-storage facilities, one (1) space for each two 35
hundred (200) storage units plus five (5) customer parking spaces. 36
11. Marinas: 37
i) one (1) space for every two (2) wet boat slips. 38
ii) one (1) space for every six (6) dry boat slips. 39
12. Motels and hotels, one (1) space for each guest bedroom, plus one (1) 40
additional space for each five (5) employees. 41
13. Churches, the same as for the R-2 multiple-family dwelling district. 42
Exhibit 3 (C-1 to C-S)
Proposed Changes to C-1 Zoning District Page 3 of 4
14. Restaurants, one (1) space for each seventy-five (75) square feet of 1
floor area devoted to patron use, or one (1) space per three (3) fixed 2
seats, whichever is the greater, and one (1) space for each one and one-3
half (1½) projected employees who would be actually working during 4
peak employment hours. 5
* * * 6
G. Conditions for permitted uses: 7
1. A car wash and car waxing business whether in conjunction with a 8
filling station or as an independent enterprise shall be allowed to 9
utilize an awning structure or structure which shall be located in the 10
rear yard with a minimum five-foot setback and within the building 11
side lines extended. 12
2. All activities, sales and storage of goods must be conducted entirely 13
within completely enclosed buildings with permanent nonmoving 14
outside walls. The following exceptions apply: 15
i) Restaurants that qualify under outdoor seating provisions of 16
Appendix C—Zoning. 17
ii) Marinas with enclosed new boat retail display area may utilize 18
outdoor rear and side yard site area for ground level new boat 19
storage, rigging, minor repair and display subject to the 20
following conditions: 21
a. Outdoor storage, rigging, minor repair and display areas 22
shall be completely screened from the view of the street 23
right-of-way and adjacent properties with an opaque wall or 24
fence to a height of six (6) feet. 25
b. The area of outdoor storage, rigging and display area shall 26
not exceed the enclosed retail display floor area, including 27
retail display area office space, or fifteen (15) percent of 28
the total site area, whichever is less. 29
iii) Outdoor runs/dog exercise areas which are accessory to 30
veterinary clinics. All such outdoor runs/dog exercise areas shall 31
comply with the requirements of Section 45-38.D.12.d of this 32
code. 33
3. No outside sidewalk or parking lot storage or display of merchandise 34
will be permitted. 35
4. Limited access self-storage facilities shall only be allowed on 36
properties within commercial planned unit developments and 37
accompanied by the following conditions: 38
i) All exterior service doors must be not visible from any public 39
street or adjacent property. 40
ii) All buildings must be a maximum of two (2) stories with 41
architectural treatment to reflect the actual number of stories. 42
Exhibit 3 (C-1 to C-S)
Proposed Changes to C-1 Zoning District Page 4 of 4
iii) No blank walls shall be permitted. 1
iv) A mix of uses must be provided that includes a minimum of ten 2
(10) percent Gross Floor Area (GFA) retail or professional office 3
(excluding the on-site management office for the self-storage 4
facility). 5
v) A minimum of one thousand (1,000) feet separation from 6
property line to the closest adjacent property line shall be 7
required between limited access self-storage facilities. 8
5. All new marinas and major improvements to existing marinas shall 9
provide sewage pump-out service to boats seven (7) meters (twenty-10
two and ninety-seven hundredths (22.97) feet) in length or more. 11
Major improvements include adding wet or dry boat slips; constructing 12
new buildings; adding or expanding fueling facilities, and other 13
improvements of a comparable scale as determined by the community 14
development director. 15
Exhibit 4
Proposed Changes to C-2 Zoning District Page 1 of 4
Sec. 45-34. – C-G general commercial district. 1
A. Uses permitted. Within any C-G C-2 commercial district, no building 2
structure, land or water shall be used, except for one or more of the 3
following uses: 4
1. Any use permitted in the C-S C-1A limited commercial district. 5
2. Any retail business or commercial use which does not involve the 6
manufacturing or processing of products. 7
3. Personal service establishments, including, but not limited to, banks, 8
barbershops, bowling alleys, beauty salons, medical and dental clinics, 9
professional and other offices, funeral homes, filling stations, shoe 10
repair shops, laundry pickup stations and self service laundries, 11
furniture display stores and drugstores. 12
4. Full service automotive dealerships and accessory uses including paint 13
and body shops, repair shops and garages, limousine service and 14
towing service. 15
5. Retail and wholesale sales of new vehicular parts, equipment and 16
accessories without on-site installation. 17
6. Automobile service shops such as full service vehicle repair shops, 18
muffler shops, tire shops, lubrication and oil change, window tinting, 19
wash and detailing. 20
7. Automobile, truck and trailer rental business. 21
8. Adult entertainment establishment. 22
9. Limited Access Self Storage Facilities, which are defined as a fully 23
enclosed structure for the purpose of indoor storage, with a minimal 24
amount of access points from the exterior of the building. These 25
exterior access points provide access to interior hallways that directly 26
serve individual storage units rented to the public. No direct access 27
from the exterior of the building to an individual storage unit is 28
permitted. 29
B. Development standards. Every commercial use located within the C-G C-2 30
commercial district shall be so developed as to comply with the following 31
performance standards: 32
1. Outside display: Outside display areas for sale, lease or rental of 33
vehicles shall be designed as follows: 34
(a) Vehicles may be stored on an approved parking surface without 35
reference to parking stalls, stall striping or wheel stops. This type 36
of parking shall be allowed only pursuant to a site plan and 37
appearance review and approval subject to Article III of Chapter 38
6 of the Village Code of Ordinances. 39
Exhibit 4
Proposed Changes to C-2 Zoning District Page 2 of 4
(b) Interior landscaping requirements within outside display areas 1
pursuant to Article VIII III of this chapter 27 of the Village Code 2
of Ordinances shall be met by transferring the required 3
landscaping to the perimeter of the site abutting public rights-of-4
ways. The transferred landscaped areas shall be designed and 5
located so as to mitigate and buffer the impact of the aggregated 6
vehicle storage area. 7
2. Locational and physical restrictions: 8
(a) Repair facilities and paint and body shops shall be located at 9
least one hundred (100) feet from any residentially-zoned lot. 10
Service bay doors shall not be oriented toward any adjacent 11
residentially-zoned property nor oriented toward any adjacent 12
public street. 13
(b) Accessory fuel pump islands and automated wash facilities for 14
vehicles shall not be located within one hundred (100) feet of any 15
residentially-zoned property. Wash facilities shall be located 16
within a completely enclosed building. Fuel pump islands shall 17
be located within an enclosed area so that they are not visible off 18
premises. 19
(c) The sale, lease or rental of automobiles, trucks, motorcycles, and 20
recreational vehicles is allowed only on lots which meet the 21
following minimum dimensions and area: 22
(1) Minimum frontage of 125'. 23
(2) Minimum width of 125'. 24
(3) Minimum depth of 200'. 25
(4) Minimum area of 1.5 acres. 26
3. Limited access self-storage facilities shall be accompanied by the 27
following conditions: 28
(a) All exterior service doors must not be visible from any public 29
street or adjacent property. 30
(b) The architectural treatment of all buildings must reflect the actual 31
number of stories. 32
(c) No blank walls shall be permitted 33
(d) A mix of uses must be provided that includes a minimum of ten 34
percent (10%) Gross Floor Area (GFA) retail or professional 35
office (excluding the on-site management office for the self-36
storage facility). 37
(e) A minimum of one thousand (1,000) feet separation from 38
property line to the closest adjacent property line shall be 39
required between limited access self-storage facilities. 40
Exhibit 4
Proposed Changes to C-2 Zoning District Page 3 of 4
C. Use and operating restrictions. Every commercial use located within the 1
C-G C-2 commercial district shall be so operated as to comply with the 2
following performance standards: 3
1. No industrial equipment or vehicles shall be sold, leased, rented or 4
otherwise stored within the C-G C-2 district. For purposes herein, 5
industrial equipment is defined as equipment used primarily for 6
purposes other than transportation or hauling. Trucks other than pickup 7
trucks, vans and jeeps shall be displayed in areas separated from a 8
public right-of-way by a building. 9
2. No vehicle shall be parked for display purposes with its hood or trunk 10
open, nor elevated off the ground in any way. Vehicles shall not be 11
parked in any right-of-way or driveway. 12
3. Advertising, flags, pennants, streamers, balloons, signs or vehicle 13
stock numbers shall not be displayed on any vehicle or equipment. 14
Similar objects or advertising designed to attract the public's attention 15
shall not be displayed outdoors on any lot, building, vehicle or 16
equipment. 17
4. Any areas designated for the off-loading of vehicles or for loading and 18
deliveries shall be located to the rear of buildings and shall be located 19
so as to contain noise on-site. These areas shall not be located closer 20
than one hundred (100) feet from any residentially-zoned lot and shall 21
be appropriately designated, marked and signed. 22
5. Dealers are prohibited from using streets in a residential zone for the 23
testing of vehicles after servicing and for the demonstration of 24
vehicles. 25
6. Exterior lighting fixtures shall not exceed twenty-five (25) feet in 26
height; shall be directed away from adjacent properties; shall confine 27
light to the site only; and shall not exceed when measured at any 28
property line, the following illumination: 29
(a) One hundred (100) foot-candles within display areas. 30
(b) Forty (40) foot-candles within all areas. 31
(c) After 11:00 p.m., the illumination in display areas shall be 32
reduced to fifty (50) foot-candles. 33
7. No outdoor speakers or public address systems that are audible from 34
the exterior of the site shall be permitted. 35
8. Customer parking shall be marked with an above grade sign and shall 36
be physically separated from the vehicle sales, storage and display 37
area. This barrier may be in the form of a landscape strip, curbing or 38
removable bollards. 39
Exhibit 4
Proposed Changes to C-2 Zoning District Page 4 of 4
9. The height of buildings, the site area of buildings, yard spaces, and 1
floor area regulations in the C-G C-2 zoning district shall be the same 2
as required in the C-S C-1 neighborhood commercial district, with the 3
following exception: Limited access self-storage facilities shall be 4
limited to a maximum of three (3) stories in height. 5
10. With the following exceptions, off-street parking regulations shall be 6
the same as for the C-S C-1 neighborhood commercial district: 7
(a) Full-service automotive dealerships, Customer and employee 8
parking requirements; One (1) space for each five hundred (500) 9
square feet enclosed floor area, plus one (1) space per each four 10
thousand five hundred (4,500) square feet of outdoor sales 11
display and rental area, plus one (1) space per service bay, plus 12
one (1) space per employee of the shift of largest employment. 13
Parking for vehicle storage, sales or display may not be counted 14
toward meeting the number of required off-street parking spaces 15
or to be provided for customers and employees. 16
(b) Limited access self-storage facilities, one (1) space for each two 17
hundred (200) storage units plus five (5) customer parking 18
spaces. 19
Exhibit 5 (PUD)
Proposed Changes to PUD Page 1 of 12
Sec. 45-35.1. - Planned unit development. 1
I. Statement of intent. 2
A. The intent of this section is to provide, in the case of a commercial 3
planned unit development consisting of one (1.0) or more acres, in the 4
case of an industrial planned unit development consisting of one (1.0) 5
or more acres, and in the case of a residential planned unit 6
development of five (5) or more acres, an added degree of flexibility in 7
the placement and interrelationship of the buildings and uses within 8
the planned unit development, together with the implementation of 9
new design concepts. At the same time the intensity of land use, 10
density of population and amounts of light, air, access and required 11
open space will be maintained for the zoning district in which the 12
proposed project is to be located, except as may be permitted for key 13
redevelopment sites through subsection 45-35.1.VIII. The village 14
council hereby determines that the regulations pertaining to intensity 15
of land use, density of population and required open space are the 16
minimum requirements for the protection and promotion of the public 17
health, safety and general welfare. Nothing herein should be construed 18
as allowing deviation for uses other than those specified as permitted 19
uses, nor any greater intensity of use or density of population nor any 20
less required open space than that which is specified in this chapter for 21
the zoning district in which a proposed project is located, except as 22
may be permitted through subsection 45-35.1.VIII. 23
B. Subject to the foregoing statement of intent, the village council may, in 24
the case of commercial, industrial and residential planned unit 25
developments, allow for minor modification of the provisions of this 26
chapter or other land development regulations in accordance with the 27
procedure set forth in subsections II, III, IV and V. 28
C. The Planned Unit Development procedures in section 45-35.1 may not 29
be used in the following zoning districts which provide a different 30
process for considering minor modifications: 31
1. C-MU ‒ the C-MU zoning district allows waivers (see the C-MU 32
zoning district and section 45-51). 33
2. C-3 ‒ the C-3 zoning district contains special PUD procedures 34
that apply only to that district (see subsection 45-34.1.K). 35
3. C-NB ‒ the C-NB zoning district allows waivers (see the C-NB 36
zoning district and section 45-51). 37
Exhibit 5 (PUD)
Proposed Changes to PUD Page 2 of 12
II. Filing of application. 1
A. Any person may file an application with the village council for minor 2
modifications of the provisions of this chapter. This application shall 3
contain at least the following: 4
1. All application and review procedures shall comply with section 5
21-12, Changes to zoning ordinances and section 45-49, 6
Application for rezoning, of this Code. 7
2. A statement listing and fully explaining the specific 8
modifications of the provisions of this chapter 45 which are 9
desired, as well as the purposes for which the modifications are 10
intended. 11
3. All application procedures for residential planned unit 12
developments shall be as required by the subdivision provisions 13
of this Code. 14
4. Compliance with the village comprehensive plan is required. 15
5. Land covered by the development plan shall be platted 16
concurrently with final approval of the development plan. 17
6. The fee for filing an application for a planned unit development 18
shall be established in the master fee scheduled adopted annually 19
as part of the village budget. 20
7. The final approved development plan shall include the plat 21
drawings and necessary submittals demonstrating acceptability 22
of all factors and standards evaluated in subsection IV(A). 23
8. All dwelling unit sizes, parking criteria and building site 24
coverage must meet the requirements of the zoning code for each 25
type of proposed use, except at follows. 26
Exception A: applicants for assisted living facilities may, 27
when accompanied by a justification statement, apply for 28
relief from the off-street parking and minimum dwelling 29
unit size requirements. 30
Exception B: applications submitted through subsection 31
45-35.1.VIII for key redevelopment sites may, when 32
accompanied by a justification statement, apply for relief 33
from off-street parking and minimum dwelling unit size 34
requirements. Building site coverage requirements do not 35
apply. 36
Exception C: applications for commercial or mixed-use 37
development may, when accompanied by a justification 38
statement, apply for relief from the off-street parking 39
requirements. 40
Exhibit 5 (PUD)
Proposed Changes to PUD Page 3 of 12
9. All land included for the purpose of development within a 1
planned unit development shall be owned or under the unified 2
control of the applicant for such zoning designation, whether the 3
applicant is an individual, partnership, corporation, trust or group 4
of individuals, partnerships, trusts or corporations. The applicant 5
shall present satisfactory evidence of the unified control of the 6
entire area by applicant within the proposed planned unit 7
development and shall state agreement that, if he proceeds with 8
the proposed development, he will: 9
a. Do so in accordance with the officially approved 10
development plan and such other conditions or 11
modifications as may be attached to the conditional use. 12
b. Provide agreements, covenants, contracts, deed restrictions 13
or sureties acceptable to the village council, both for 14
completion of the undertaking in accordance with the 15
adopted development plan, and also for the continuing 16
operation and maintenance of areas, functions and facilities 17
which the plan shows are not to be operated or maintained 18
at general public expense. Such documents must be in a 19
form acceptable to the Village Attorney. 20
c. Bind his development successors in title to any 21
commitments made under subsections a. and b., preceding. 22
10. Any tract of land for which a planned unit development is made 23
shall contain sufficient width, depth and frontage on a public 24
dedicated arterial or major street or appropriate access which will 25
accommodate the proposed use and design. 26
11. In the event any building or structure built under this section is 27
destroyed or removed by or for any cause, said building or 28
structure, if replaced, shall be replaced with a building or 29
structure of similar size and type not exceeding the dimensions 30
of the original building or structure. The developer shall include 31
the appropriate deed restrictions and/or covenants so as to require 32
replacement as outlined above. 33
III. Referral to planning commission. The village council shall refer each 34
application for a planned unit development to the planning commission for 35
study and recommendation. 36
IV. Action of planning committee [commission.] 37
A. After a study of an application for a planned unit development and the 38
required public hearing, the planning commission shall make a 39
recommendation to the village council to approve, approve as 40
modified, or reject the application based upon the following standards: 41
1. The proposed use or uses shall be of such location, size and 42
character as to be in harmony with the appropriate and orderly 43
Exhibit 5 (PUD)
Proposed Changes to PUD Page 4 of 12
development of the zoning district in which situated and shall not 1
be detrimental to the orderly development of adjacent zoning 2
districts. 3
2. The location and size of the proposed use or uses, the nature and 4
intensity of the principal use and all accessor y uses, the site 5
layout and its relation to streets giving access to it, shall be such 6
that traffic to and from the use or uses, and the assembly of 7
persons in connection therewith, will not be hazardous or 8
inconvenient to the neighborhood nor conflict with the normal 9
traffic of the neighborhood. In applying this standard, the 10
commission shall consider, among other things: convenient 11
routes for pedestrian traffic, particularly of children; the 12
relationship of the proposed project to main traffic thoroughfares 13
and to street and road intersections; and, the general character 14
and intensity of the existing and potential development of the 15
neighborhood. In addition, where appropriate, the commission 16
shall determine that noise, vibration, odor, light, glare, heat, 17
electromagnetic or radioactive radiation, or other external effects, 18
from any source whatsoever which is connected with the 19
proposed use, will not have a detrimental effect upon 20
neighboring property or the neighboring area in general. 21
3. The location and height of buildings, the location, nature and 22
height of walls and fences, and the nature and extent of 23
landscaping of the site shall be such that they will not hinder or 24
discourage the proper development and use of adjacent land and 25
buildings nor impair the value thereof. 26
4. The standards of density and required open space in the proposed 27
project are at least equal to those required by this ordinance in 28
the zoning district in which the proposed project is to be located, 29
except as may be permitted for key redevelopment sites through 30
subsection 45-35.1.VIII. 31
5. There shall be no uses within the proposed project which are not 32
permitted uses in the zoning district in which the proposed 33
project is to be located. 34
Exception: A Mixed uses occupancy may be allowed if the 35
existing zoning district usage is commercial. The mixed 36
uses usage occupancy shall only be residential and 37
mercantile or residential and business. 38
B. The commission may recommend such changes or modifications in the 39
proposed plan as are needed to achieve conformity to the standards as 40
herein specified. The reasons for the changes or modifications shall be 41
included in the recommendation. 42
Exhibit 5 (PUD)
Proposed Changes to PUD Page 5 of 12
C. The commission shall not recommend the project unless it finds that 1
all of the standards as herein specified have been met. If there are 2
minor modifications to the provisions of this chapter, the commission 3
may recommend its approval at the same time. It shall also, where it 4
deems appropriate and necessary, recommend to the village council 5
those conditions to be imposed upon the project, its operation, or both, 6
that are needed to assure adherence to the aforesaid standards. 7
V. Action of village council. The village council, upon the receipt from the 8
planning commission of the report on the planned unit development and the 9
minor modifications to the provisions of this chapter may, after the required 10
public hearing, approve or reject such project and modifications, 11
incorporating with an approval such conditions as the council deems 12
appropriate. The approval shall be by ordinance. 13
VI. Effect of approval of village council. The approval of the application by 14
the village council shall allow the building official to issue a building permit 15
in conformity with the application as approved. This permit shall specify 16
with particularity the exact modifications to the provisions of this chapter 17
which have been approved by the village council. The holder of this permit 18
may then proceed with his project in conformity with said permit. No 19
deviations from the conditions of the permit shall be allowed except those 20
which shall be in conformity with the basic provisions of this ordinance as 21
they apply to the zoning district in which the project is located. The 22
community development director may adjust a modification to the 23
provisions of this chapter only if the adjustment had been authorized by 24
conditions that the Village Council placed on the planned unit development 25
approval. 26
VII. Public notice. Public notice of all hearings conducted in accordance with 27
this section shall be provided as required by section 21-3 of the village 28
Code. 29
VIII. Key redevelopment sites. The village has identified key sites in need of 30
redevelopment and encourages the use of this Planned Unit Development 31
process to redevelop those sites in accordance with design concepts 32
developed or endorsed by the village. Minor modifications to the provisions 33
of this chapter or other land development regulations may be requested 34
through the Planned Unit Development process for these sites. The 35
following additional standards apply during this process: 36
1. Regulating plans. Eligible sites are depicted on regulating plans in 37
Figures 45-35.1-A-1, 45-35.1-B-1, and 45-35-1-C-1. 38
2. Illustrative plans. Renderings or illustrative plans may be provided in 39
this subsection to show hypothetical buildings on eligible sites using 40
these standards. See Figures 45-35.1-A-2, 45-35.1-B-2, and 45-35.1-41
C-2. 42
Exhibit 5 (PUD)
Proposed Changes to PUD Page 6 of 12
3. Build-to zone. Where build-to zones are shown on the regulating plan, 1
the build-to zone is 0 feet minimum and 20 feet maximum using the 2
methodology in the C-MU zoning district (unless different distances 3
are specified on the regulating plan). Build-to zones supersede setback 4
requirements in the underlying zoning district. 5
4. Floor-to-area ratio. The Comprehensive Plan establishes caps on the 6
ratio of floor area to lot area for most land in the village; however, 7
those caps do not apply to these key redevelopment sites. 8
5. Building frontage standards. Where build-to zones are shown on the 9
regulating plan, building frontages must be at least 60% of the lot 10
width, measured using the methodology in the C-MU zoning district 11
(unless a different percentage is specified on the regulating plan). 12
6. Building height. Buildings may be up to 4 stories tall. For the purpose 13
of calculating the number of stories in a building, see the methodology 14
in the C-MU zoning district. This height limitation supersedes height 15
limitations in the underlying zoning district. 16
7. Façade transparency. Where build-to zones or civic spaces are 17
shown on the regulating plan, facades must be at least 30% transparent 18
at the ground story and 20% transparent at each upper story, measured 19
using the methodology in the C-MU zoning district (unless different 20
percentages are specified on the regulating plan). 21
8. Encroachments. Architectural elements may project beyond the 22
closest point to a property line where an exterior wall may be 23
constructed to the same extent as allowed in the C-MU zoning district, 24
irrespective of setback requirements in the underlying zoning district. 25
9. Parking setbacks. New or reconfigured surface parking lots must be 26
set back at least 50 feet from US Highway 1 and at least 30 feet from 27
all other existing and new streets. 28
10. Parking garages. Parking spaces may be provided under or in 29
buildings or in dedicated parking garages instead of being provided in 30
uncovered surface parking lots. Such parking spaces need not comply 31
with the minimum setbacks for surface parking lots, but must be 32
screened from view from all streets. Screening may be provided by 33
rooms in the same building or with a liner building that is at least two 34
stories tall with rooms at least 20 feet deep. 35
11. New streets. Where a new street is shown on the regulating plan, the 36
new street must be constructed using the standards in the C-MU 37
zoning district (unless different standards are specified on the 38
regulating plan). 39
12. Sidewalk easements. Where a sidewalk easement is shown on the 40
regulating plan, the easement must be dedicated and the sidewalk must 41
be constructed using the standards in the C-MU zoning district. 42
Exhibit 5 (PUD)
Proposed Changes to PUD Page 7 of 12
1
Figure 45-35.1-A-1 Camelot Regulating Plan
Exhibit 5 (PUD)
Proposed Changes to PUD Page 8 of 12
1
Figure 45-35.1-A-2 Camelot Illustrative Plan
Exhibit 5 (PUD)
Proposed Changes to PUD Page 9 of 12
1
Figure 45-35.1-B-1 Crystal Cove Regulating Plan
Exhibit 5 (PUD)
Proposed Changes to PUD Page 10 of 12
1
Figure 45-35.1-B-2 Crystal Cove Illustrative Plan
Exhibit 5 (PUD)
Proposed Changes to PUD Page 11 of 12
1
Figure 45-35.1-C-1 Shore Court at US 1 Regulating Plan
Exhibit 5 (PUD)
Proposed Changes to PUD Page 12 of 12
1
Figure 45-35.1-C-2 Shore Court at US 1 Illustrative Plan
Exhibit 6 (NBOZ to C-NB)
Proposed Changes to NBOZ Overlay Page 1 of 8
Sec. 45-35.3. – C-NB Northlake Boulevard commercial district. 1
overlay zoning district (NBOZ). 2
ARTICLE 1 ESTABLISHED. 3
The Northlake Boulevard commercial overlay zoning district (NBOZ) shall 4
consist of that portion of real properties within the village on the north side of that 5
front upon or are adjacent to Northlake Boulevard between Alternate A1A and US 6
Highway 1 as indicated on the official zoning map. 7
ARTICLE 2 CONSISTENCY WITH COMPREHENSIVE LAND USE PLAN 8
The establishment of the C-NBOZ district is hereby declared consistent with 9
the village comprehensive plan. 10
ARTICLE 3 GENERAL PROVISIONS 11
Sec. 3-1 Applicability. 12
A. Applicability. The provisions of the C-NBOZ district shall apply to all 13
existing and future development within the boundaries of the C-NBOZ 14
district as follows: 15
1. All new development. 16
2. All renovations, additions, or redevelopment to existing structures 17
where the cost of such is greater than fifty (50) percent of the assessed 18
improvement value of the parcel, indicated on the most recent tax roll 19
of Palm Beach County Property Appraiser, or an increase of greater 20
than twenty (20) percent of the square footage of the existing structure 21
shall conform to one hundred (100) percent of the C-NBOZ 22
Regulations. 23
3. When the use of an existing structure ceases for one hundred eighty 24
(180) consecutive days, or as otherwise determined to be a 25
discontinued or abandoned use by the local zoning code. 26
B. Invalid approvals. Invalid development orders or permits of projects, which 27
have been revoked or have expired shall be subject to all applicable 28
provisions of the C-NBOZ district. 29
C. Conflict with other applicable regulations. 30
1. When the provisions of the NBOZ district conflict with other village 31
regulations applicable to the site, the most restrictive provisions shall 32
prevail. 33
2. Provisions addressed within the village regulations that are not 34
addressed within the NBOZ district remain applicable in the 35
development or redevelopment of a site in the NBOZ. 36
Exhibit 6 (NBOZ to C-NB)
Proposed Changes to NBOZ Overlay Page 2 of 8
Sec. 3-2 Procedures, variances, and waivers. and regulations. 1
A. Submittal and review procedures. Development or redevelopment within 2
the corridor shall adhere to the regulations imposed by the C-NBOZ district. 3
Compliance with the standards of the C-NBOZ district shall be 4
demonstrated by submittal of architectural drawings and a site development 5
plan or site improvement plan in accordance with village regulations, which 6
generally require site plan and appearance approval before building and 7
other permits may be issued. The development order That approval shall 8
reflect the restrictions imposed by the C-NBOZ district. 9
B. Use regulations. Restrictions which may be imposed in the NBOZ district 10
shall be limited to the following: 11
1. Reducing the number of land uses permitted by right and permitted by 12
conditional use within the NBOZ district; 13
2. Eliminating inappropriate land use within the NBOZ district; 14
3. Limiting maximum building or impervious coverage permitted; 15
4. Management of access to abutting and nearby roadways, including 16
specific design features intended to reduce adverse traffic impacts; or 17
5. Any other specific site development regulations required or authorized 18
by these provisions. 19
C. Review procedures. Unless otherwise stated within these provisions, the 20
review procedures for development and redevelopment of applicable sites 21
within the NBOZ district shall be pursuant to the village's review procedures 22
and approval process. 23
D. Waivers and variances. Waivers and variances from the NBOZ regulations 24
may be granted by the village: reviewing projects which are subject to the 25
NBOZ regulations. 26
B. 2. Variances. Variances may be granted by the village to standards in the 27
C-NB district using the same procedures and criteria, which the village uses 28
in granting variances from other regulations (see section 45-50). its code. 29
C. 1. Waivers. Waivers from the NBOZ regulations may be granted by the 30
village to certain standards in the C-NB district in accordance with the 31
applicable village procedures for granting waivers (see section 45-51), with 32
these additional requirements: from its own code of ordinances. 33
1. The waiver process in the C-NB district cannot be used to: 34
a. Increase the allowable residential density or building height. 35
b. Add uses that are not allowable under this code. 36
2. These additional findings must be made before the village approves a 37
waiver in the C-NB district: 38
a. The proposed waiver meets the intent of the Northlake Boulevard 39
regulations adopted concurrently by the village, county, Town of 40
Lake Park, and City of Palm Beach Gardens. 41
Exhibit 6 (NBOZ to C-NB)
Proposed Changes to NBOZ Overlay Page 3 of 8
ARTICLE 4 ZONING REGULATIONS 1
Sec. 4-1 Development review regulations. 2
A. Allowable Uses. Table 4-1 indicates allowable uses in the C-NB district. 3
1. The uses listed in Table 4-1 are grouped into four use groups: 4
Residential Uses, Lodging Uses, Business Uses, and Civic & 5
Education Uses. 6
2. In one of the columns following each listed use, a symbol is provided 7
to indicate that: 8
a. This use is permitted by right; or 9
b. This use may be approved as a special exception; see section 45-10
16.2 for standards and procedures; or 11
c. This use, like other uses not listed in Table 4-1, is not permitted 12
in the C-NB district. 13
3. Terms in Table 4-1 are defined in section 45-2 under “Use Groups.” 14
4. Also refer to section 45-16.1 on uses that are similar to uses listed in 15
Table 4-1. 16
A. Conditional use and special permit use. Conditional uses and special permit 17
uses are generally compatible with the other uses permitted in the district, 18
but which require individual review as to their location, design, 19
configuration, intensity and/or density of use, buildings and structures, and 20
may require the imposition of conditions in order to ensure the 21
appropriateness of the use at a particular location. The supplemental 22
regulations outlined in section 4-3 of this article are to be considered in 23
addition to the existing village standards; however, the most restrictive 24
regulations apply. Special permit uses are generally temporary for a 25
specified fixed period of time. 26
1. Standards for conditional uses and special permit uses. These uses 27
shall be permitted only if the applicant for conditional use or special 28
permit use approval demonstrates the following: 29
a. The proposed use is in compliance with all requirements of and 30
is consistent with the general purpose, goals, objectives and 31
standards of the village's land development regulations and 32
comprehensive development plan; 33
b. The proposed use will not have an undue adverse effect on 34
nearby properties; 35
c. The proposed use is compatible with the existing or planned 36
character of the neighborhood in which it would be located; and 37
d. All reasonable steps have been taken to minimize any adverse 38
effect of the proposed use on the immediate vicinity through site 39
design, landscaping and screening. 40
Exhibit 6 (NBOZ to C-NB)
Proposed Changes to NBOZ Overlay Page 4 of 8
1
Table 4-1___Allowable Uses
PERMITTED USE SPECIAL EXCEPTION NOT PERMITTED
RESIDENTIAL USES
Mobile home park
Dwelling, one family detached
Dwelling, all other dwelling types
Live/work unit
Assisted living facility
Community residential home
LODGING USES
Bed-and-breakfast establishment
Hotel
Motel
Time-share unit
BUSINESS USES
Offices, general
Office or clinic, medical or dental
Stores & services, general
Stores & services, large format
Adult entertainment
Convenience store with fuel
Dog daycare
Drive-through facility (for any use)
Garage, parking
Heavy commercial and light industrial:
Contractor and trade operation
Vehicle sales or repair
All other
Medical marijuana treatment center
Restaurant or cocktail lounge
Telecommunications antennas
CIVIC & EDUCATION USES
Child care facility
Church or place of assembly
Civic space
Family day care
Government building
Hospital or medical center
Public space
School, public or private
2
Exhibit 6 (NBOZ to C-NB)
Proposed Changes to NBOZ Overlay Page 5 of 8
2. Conditions on conditional uses and special permit uses. The village 1
council shall attach such conditions, limitations and requirements as 2
are necessary to carry out the purpose of the village's land 3
development regulations and comprehensive development plan and to 4
prevent or minimize adverse impacts on adjacent properties, including, 5
but not limited to, conditions relating to the size and intensity of the 6
use, landscaping, lighting, adequate ingress and egress, traffic 7
circulation and hours of operation. Such conditions shall be set forth 8
expressly in the resolution granting the conditional use or special 9
permit use. 10
3. Review by village council. The village council shall conduct a public 11
hearing on a conditional use or special permit use application and 12
determine whether the request meets the criteria established in this 13
section. At the close of the public hearing, the village council shall 14
either adopt a resolution granting the application, with or without 15
conditions, or deny the application. 16
B. Prohibited uses. Uses not listed in the use chart are prohibited unless it is 17
determined by the village that the requested use is similar in nature to a 18
listed use and not contrary to the intent of the NBOZ. 19
B. Building height. Building height is regulated through the architectural 20
standards in Article 5; in no case may a building in the C-NB zoning district 21
exceed 4 stories in height. For the purpose of calculating the number of 22
stories in a building, stories shall be defined as the space between finished 23
floor and finished ceiling, adjusted as follows: 24
1. Each level devoted to parking is considered as individual story when 25
calculating the number of stories in a building. 26
2. A mezzanine will not count towards the number of stories provided 27
that the total area of mezzanine level is less than 40 percent of the 28
floor area of the main story below. 29
C. Existing planned development districts. Properties within the jurisdiction 30
of the village, which have a PUD designation at the time of adoption of the 31
original NBOZ overlay in 2003, shall be permitted to have uses and design 32
guidelines in accordance with the development order for that planned 33
development district so long as the development order is in effect. Any 34
amendment to the PUD will have to comply with the design guidelines of 35
the current C-NBOZ district. 36
D. Variances. A variance from the supplementary use standards established in 37
this article shall not be granted by the village. 38
D. E. Accessory use. An accessory use is customarily associated with the 39
principal use, incidental to the principal use, and subordinate in area, extent 40
or purpose, and serves only the principal use. Accessory uses shall be 41
subject to the following: 42
1. All accessory uses shall be located on the same lot as the principal use. 43
Exhibit 6 (NBOZ to C-NB)
Proposed Changes to NBOZ Overlay Page 6 of 8
2. A use that is an accessory to a nonresidential principal use shall not 1
exceed thirty (30) percent of the floor area or business receipts of the 2
principal use. 3
F. E. Parking and loading. Properties will retain the existing parking ratios as of 4
the date of adoption of the C-NB Code, which are listed in C-S code section 5
45-33.E. A new mixed-use development or mixed-use redevelopment may 6
be granted the mixed-use parking standards listed in Table 16.A within 45-7
31.H. 8
a. Physical standards for parking lots, driveways, and loading are 9
provided in subsection 45-36.J. 10
b. Mixed-use developments qualify for the shared-parking percentage 11
reductions specified in Figure 14 in 45-31 (H) provided the 12
development includes at least 10% of its gross floor area in a second 13
category on Figure 14 (residential, lodging, office, business, and 14
civic/education uses). 15
All parking and loading standards are governed by the village. 16
E. F. G. Measuring distances. All required distances between structures and/or 17
uses within this article shall be measured and determined irrespective of 18
existing municipal boundaries. 19
Sec. 4-2 Land use chart. 20
[the land use chart, endnotes, and district boundaries are being deleted] 21
F. G. Notwithstanding anything contained elsewhere within this code ordinance, 22
the properties covered by the C-NBOZ district which have approved uses 23
under the immediately prior existing underlying zoning district of the village 24
that are considered or deemed not approved uses in the land use chart above, 25
shall retain their permitted status rather than being deemed not be non-26
conforming (see sections 45-60‒45-68). 27
Sec. 4-3 Use definitions and supplemental regulations. 28
[all use definitions and their supplemental regulations are being deleted] 29
ARTICLES 5 THROUGH ARTICLE 8 30
In addition to the specific changes to Articles 5 through 8 identified on the following 31
pages, the following general changes are being made throughout these articles: 32
Every occurrence of the acronym “NBOZ” is being changed to 33
“C-NB district” 34
Every occurrence of the phrase “conditional use” is being changed 35
to “special exception” 36
Every occurrence of the word “overlay” or the phrase “overlay 37
zone” is being changed to “C-NB district” 38
Exhibit 6 (NBOZ to C-NB)
Proposed Changes to NBOZ Overlay Page 7 of 8
ARTICLE 5 ARCHITECTURAL ELEMENTS 1
No additional changes are being made to Article 5. 2
ARTICLE 6 LANDSCAPE ELEMENTS RESERVED 3
ARTICLE 7 SIGNAGE AND OUTDOOR DISPLAYS 4
The row in Table 7-6 that applies to the Central/West District is being deleted. 5
Exhibit 6 (NBOZ to C-NB)
Proposed Changes to NBOZ Overlay Page 8 of 8
ARTICLE 8 SITE PLAN ELEMENTS 1
Sec. 8-2 Building orientation and placement. 2
* * * 3
D. Building envelope, bulk and setback requirement. In order to establish 4
overall building envelope, bulk, and setback provisions within the C-NBOZ 5
district, the following regulations are established for the purposes of this 6
section. 7
Table 8-2 --- Proposed Setbacks 8
[delete columns headed West, Central and Marine] 9
Sec. 8-4 Pedestrian amenities. 10
A. General design. Uses shall contribute to pedestrian-friendly focal spaces 11
through the provision of aesthetic walking paths, pedestrian spaces with 12
furnishings, public art, generous plantings, marked crosswalks, and 13
vehicular parking and circulation areas clearly separated from such 14
pedestrian amenities. 15
1. Sidewalks shall be of barrier-free design to the greatest extent 16
possible. 17
2. Pedestrian circulation systems shall include gathering/sitting areas. 18
B. Width and materials. Sidewalks shall be a minimum of five (5) feet in 19
width and shall be constructed of stone, textured cement, concrete pavers, or 20
brick. 21
C. Pedestrian entrances. 22
1. Major public entrances shall be located along Northlake Blvd. 23
2. A clearly designated pedestrian walkway and similar pedestrian-24
oriented facilities shall be provided from public sidewalks to public 25
entrance or walkways within a commercial site, as well as between 26
abutting commercial properties. 27
D. Pedestrian walkway to Earman River (C-17 Canal). A clearly designated 28
pedestrian walkway shall be provided from public sidewalks to the rear lot 29
line on all properties located between US Highway 1 and a point 200 feet 30
east of the centerline of Southwind Drive. This requirement shall not apply 31
if the location of existing buildings make it impractical. 32
Pedestrian Amenities
Exhibit 7 (Landscaping)
Proposed Landscaping Regulations Page 1 of 29
ARTICLE VIII. - LANDSCAPING 1
Sec. 45-81. 6-1. - Intent. 2
A. Purpose and intent. The provisions of this section are intended to ensure 3
that properties within the NBOZ Village meet minimum landscaping 4
standards in order to: 5
1 Improve and sustain the aesthetic appearance of the village through 6
creative landscaping which helps to harmonize and enhance the natural 7
and built environment. 8
2. Promote water conservation by encouraging xeriscaping Florida-9
friendly landscape principles and utilization of native and drought 10
tolerant landscape material and utilization of water conserving 11
irrigation practices; 12
3. Provide a visual buffer between otherwise incompatible types of land 13
uses and adjacent rights-of-ways. 14
4. Encourage innovative and cost-effective approaches to the design, 15
installation, and maintenance of landscaping. 16
B. Landscape principles. The Village promotes Florida-friendly landscaping 17
as defined in F.S. § 373.185 and requires that installed landscapes be 18
designed and maintained with full consideration of the following principles: 19
1. Specify the right plant in the right place by selecting pest-resistant 20
plants that match the sites soil, light, water, and climate conditions, 21
with an aim for a diversity of trees, shrubs, groundcover, and flowers. 22
2. Design for more efficient irrigation by grouping plants with similar 23
watering needs together and zoning the irrigation system accordingly. 24
3. Select sustainably harvested mulch for landscape beds and around tree 25
trunks. 26
4. Use proper maintenance practices, including fertilizing appropriately 27
to prevent pollution and maximize plant health and spot-treating pests 28
with selective spectrum pesticides. 29
Sec. 45-82. 6-2. - Administration. 30
A. Applicability. The provisions of this article shall apply to all existing and 31
future development within the boundaries of the NBOZ village as follows: 32
1. New development. All new development. 33
2. Existing development. All existing multifamily, mixed-use, 34
commercial, and industrial development shall conform with the 35
provisions of the article by May 31, 2014. if requesting any of the 36
following types of changes to existing development or to a previously 37
approved development plan: 38
Exhibit 7 (Landscaping)
Proposed Landscaping Regulations Page 2 of 29
a. Increase in the total square footage of any building by more than 1
twenty (20) percent; 2
b. Increase in the number of structures; or 3
c. Increase in the building height of any building. 4
3. Existing development along Northlake Boulevard. See section 45-83. 5
4. Exceptions. This article does not apply to the construction, 6
renovation, or replacement of single-family or two-family dwellings. 7
B. Exemptions. All licensed plant or tree nurseries or tree farms shall be 8
exempt from the terms and provisions of this article, but only with respect to 9
those trees planted and growing which are for sale to the general public in 10
the ordinary course of the business. The landscaping required for buildings 11
and parking lots shall be provided. 12
C. Modifications. The Community Development Director may modify a 13
locational requirement for required landscaping if necessary due to site 14
constraints that were discovered after site plan and appearance approval or 15
PUD approval; however, the amount of landscaping that is required may not 16
be reduced. 17
C. Waiver. The landscape regulations may be waived in whole or part by the 18
village when a property owner has demonstrated that the requirements 19
contained in this article will reduce required parking, or substantially restrict 20
the operation of the existing business or property's use. 21
D. Compliance. Failure to install, maintain, or preserve landscaping or native 22
vegetation required in accordance with the terms of this article shall 23
constitute a violation of this article. 24
1. Failure to comply. If the property fails to meet the requirements of 25
this article, or if the existing trees, shrubbery, grass, or groundcover 26
are permitted to die, and such materials are not replaced within thirty 27
(30) days of the event, the code enforcement officer shall notify, in 28
writing, the person responsible for the maintenance or replacement of 29
such property of the need to comply with the requirements of this 30
section within thirty (30) days from the date of delivery of the notice. 31
2. Extensions. The thirty (30) day rule for compliance may be extended 32
when necessary by the village to recover from acts of nature such as a 33
hurricane or a drought. 34
3. Temporary exemptions. Temporary exemptions from compliance of 35
this section may be granted as per the village, if the violation is a 36
direct result of a natural disaster occurrence or drought. 37
4. Relocation or replacement for redevelopment. The site plan approved 38
to remedy any violation of this article shall include landscaping and 39
Exhibit 7 (Landscaping)
Proposed Landscaping Regulations Page 3 of 29
tree preservation, replacement or relocation to comply with all 1
requirements herein, including . Relocation or replacement shall 2
comply with the standards listed below. 3
a. Existing trees shall be preserved in place to the best extent 4
practical. Tree preservation shall include measures to protect 5
existing trees from construction encroachment within their 6
driplines. 7
b. Trees that cannot be preserved in place shall be evaluated by a 8
certified arborist for relocation. If the arborist’s assessed 9
condition rating of the tree is greater than 60%, the tree shall be 10
relocated within the project limits or within Village of North 11
Palm Beach public lands. 12
c. a. Trees having a four (4) three (3) inch or greater caliper at 13
diameter at breast height (DBH) that cannot be preserved in 14
place or relocated which are to be replaced shall be replaced by 15
the sum of three (3) caliper inches to every one (1) inch lost and 16
are of like or similar species. Replacement trees shall be a 17
minimum of three (3) inches in caliper. For example, if an 18
existing five (5)-inch caliper tree is removed from the subject 19
property, fifteen (15)-inches in caliper are required for 20
replacement. A combination of tree sizes may be utilized as long 21
as no tree is less than three (3) inches in caliper. 22
d. b. If the site cannot support the total number of required 23
replacement trees as determined herein, the village may permit 24
the owner to donate excess trees to the village for planting on 25
public lands at the owner's expense; contribute to the village the 26
monies equivalent to such required replacement trees; or permit 27
the required replacement trees to be placed upon other lands 28
owned by the same property owners. 29
c. The village may require alternative landscape solutions such as 30
additional aesthetic hardscaping, site amenities, or specimen 31
landscaping as per the intent of this article. 32
Exhibit 7 (Landscaping)
Proposed Landscaping Regulations Page 4 of 29
Sec. 45-83. 6-3. - Landscape areas in the C-NB zoning district. 1
Nonconforming 2
A. Nonconformities established. All development constructed prior to the 3
effective date of these regulations that do not conform with the provisions of 4
this article shall be considered nonconforming. 1. If nonconforming 5
landscaping is damaged or destroyed by any means to the extent of fifty (50) 6
percent or more of its replacement value at the time of the damage, the 7
replacement landscaping and elements must conform to all of the provisions 8
of this article. 9
B. Maintenance. Nonconforming landscape areas are not exempt from 10
minimum maintenance standards. 11
C. Amendments to the approved plan. The following types of amendments to a 12
previously approved development plan shall require the review of the 13
landscape plan for the entire site using the minimum landscape standards in 14
this article: 15
1. Increase in the total square footage of any building by more than 16
twenty (20) percent; 17
2. Increase in the number of structures; or 18
3. Increase in the building height of any building. 19
D. Notice of nonconforming status. All existing development along 20
Northlake Boulevard was required to conform with the new landscaping 21
regulations by May 31, 2014. On any properties where this requirement has not 22
been met, this requirement remains in effect until compliance has been achieved. 23
Upon the effective date of this article or upon the future annexation of properties, 24
the village shall contact the owners of all properties developed for nonresidential 25
purposes that do not comply with the provisions of this article. The notice shall 26
inform the property owners that the property is being placed in a nonconforming 27
[property] and that the owner of nonconforming property shall have eight (8) 28
years from the date of the nonconforming notice to comply with the requirements 29
set forth in this article. Written notice to the property shall be provided by 30
certified mail. 31
32
Exhibit 7 (Landscaping)
Proposed Landscaping Regulations Page 5 of 29
Sec. 45-84. 6-4. - Tree and Plant quality, species, and installation. 1
A. Minimum plant quality. Plant quality for all required landscaping shall be 2
Florida No. 1 or better, as provided in Grades and Standards for Nursery 3
Plants, Part 1 and Part 2, as amended, as published by the Florida 4
Department of Agriculture and Consumer Services. All vegetation shall be 5
clean and free of noxious pests or disease, 6
B. Preferred Low-maintenance species list. For required landscaping, 75 7
percent of trees and shrubs shall be selected from “Low-Maintenance 8
Landscape Plants for South Florida” (latest edition published by the 9
University of Florida IFAS Extension office). Low-maintenance plants have 10
low fertilizer requirements, few pest and disease problems, and do not 11
require frequent maintenance. Some low-maintenance species are identified 12
in this publication as native species; certain landscaping requirements in this 13
article include a minimum percentage of these native species. The preferred 14
species list contained in section 4-7 periodically revised, as needed. To the 15
greatest extent possible, the species list shall represent plants that are 16
drought tolerant plants, noninvasive; not destructive to native plants, and 17
strong wooded, non-brittle plants. 18
C. Installation. 19
1. All landscaping shall be installed with sound workmanship and sound 20
nursery practices in a manner that will encourage vigorous growth. 21
2. A plant or tree's growth characteristics shall be considered before 22
planning planting to prevent conflicts with views, lighting, utilities, or 23
signage. 24
D. Root barriers. The village shall require root barriers for trees planted within 25
fifteen (15) feet of any road right-of-way, sidewalk, or utility. In 26
determining the appropriateness of particular protection techniques, the 27
village shall use the current edition of the Tree Protection Manual for 28
Builders and Developers, published by the State Division of Forestry, 29
Florida Department of Agriculture and Consumer Services. 30
Exhibit 7 (Landscaping)
Proposed Landscaping Regulations Page 6 of 29
Sec. 6-5. –New construction and substantial revision. 1
A. Landscape area. At least fifteen (15) percent of the total parcel area shall be 2
landscaped, excluding any area utilized for required parking. 3
B. Overall landscaping. The required area to be landscaped may include any 4
of the following: [this material is being relocated to Table 45-87.B] 5
1. Entry features; 6
2. Massing of landscaping to produce focal points; 7
3. Foundation plantings; 8
4. Trellises, arbors, and similar structures; 9
5. Planter and flower boxes; 10
6. Freestanding planters and pottery; 11
7. Sidewalk plantings; 12
8. Landscaped courtyards, loggias, patios, and similar open areas 13
available for public use; and 14
9. Materials installed within publicly owned lands. 15
Sec. 45-85. 6-6. - Prohibited and standard invasive plants. 16
A. Prohibited plantings. 17
A. 1. Artificial plants or vegetation may not be used to meet the landscaping 18
requirements of this article. shall be prohibited. 19
B. 2. Prohibited plants shall not be planted within the village. NBOZ, and 20
existing prohibited plants shall be removed if determined to be invading 21
adjacent native plant communities. The list of prohibited plant species shall 22
include all species identified as Category 1 invasive species on “List of 23
Invasive Plant Species” (latest edition published by the Florida Exotic Pest 24
Plant Council), specifically including the following species: , include, but 25
are not limited to Casuarina spp. (Australian Pine), Ficus bengalensis 26
(Banyan), Schinus terebinthifolius (Brazilian Pepper), Supaniopsis 27
anacardioides (Carrotwood), Acacia auriculiformis (Earleaf Acacia), 28
Pueraria montana (Kudzu), and Melaleuca quinquenervia (Melaleuca/Punk 29
Tree/Pepper Tree), and Schefflera actinophylla (Umbrella Tree). 30
C. All existing Category 1 invasive species shall be removed from existing 31
development if the thresholds in section 45-82.A.2 are exceeded. 32
B. Controlled plant species. The following species may be planted or 33
maintained under controlled conditions and shall not exceed a maximum of 34
ten (10) percent of the total number of required trees. 35
1. Black olives. Black olives shall not be installed within fifteen (15) feet 36
of any parking area. 37
Exhibit 7 (Landscaping)
Proposed Landscaping Regulations Page 7 of 29
2. Ficus species. Ficus species may be planted as individual trees or 1
hedge material provided that individual trees are no closer than thirty 2
(30) feet from any public road right-of-way, utility, or structure. 3
Hedges shall not exceed eight (8) feet in height and be regularly 4
maintained. 5
Sec. 6-7. – Preferred landscape palette. 6
A. Preferred trees. Fifty (50) percent of the required trees shall be selected 7
from the list presented below. 8
B. Preferred shrubs and groundcovers. Fifty (50) percent of the required 9
shrubs and groundcovers shall be selected from the list presented below: 10
Table 6-7A --- Preferred Tree Species
Common Name Scientific Name
1. Cabbage Palm Sabal palmetto
2. Cattley Guava Psidium littorale
3. Dahoon Holly Hex Cassine
4. Ligustrum Tree Ligustrum lucidum
5. Live Oak Quercus virginiana
6. Mahogany Swietenia mahogani
7. Oak Quercus spp.
8. Oleander Tree Nerium oleander
9. Pink Tabebuia Tabebuia heterophylla
10. Pygmy Date Palm Phoenix roebellini
11. Silver Buttonwood Conocarpus erectus
12. Washington Palm Washingtonia robusta
13. Wax Myrtle Myrica cerifera
14. Weeping Bottlebrush Callistemon viminalis
Exhibit 7 (Landscaping)
Proposed Landscaping Regulations Page 8 of 29
Sec. 45-86. – Submission requirements for landscaping. 1
Plans must be submitted that demonstrate compliance with Village 2
landscaping requirements. These plans must be prepared by a landscape architect 3
authorized by chapter 481, Florida Statutes, and must contain the following: 4
A. Tree disposition plan, depicting: 5
1. Existing trees, with a unique number assigned to each tree; and 6
2. A tree survey table with the following information listed by tree 7
number corresponding to the numbered existing trees on the plan view: 8
a. Common and botanical species name 9
b. Diameter at breast height (DBH) for all trees 3″ DBH and greater 10
c. Clear trunk (CT) height for all palms greater than 6′ CT 11
d. Proposed tree disposition (remain/protect, relocate, or remove) 12
B. Landscape plan, depicting: 13
1. Existing plant material to remain; 14
2. Existing trees and shrubs and site improvements on abutting properties 15
within 25 feet of the property lines. This information may be obtained 16
from aerial photographs and approximate locations based on field 17
observations; 18
3. The location and outline of proposed buildings and site improvements 19
including landscaping, paving, utilities, easements, and rights-of-way; 20
4. Existing site improvements to remain including buildings, paving, 21
utilities, easements, and rights-of-way; 22
5. Proposed plant materials by botanical and common names and by 23
installation size and spacing; and 24
6. Signage locations, including monument signage and wall-mounted 25
building signage. 26
Table 6-7B --- Preferred Shrub/Groundcover Species
Common Name Scientific Name
1. Bougainvillea Bougainvillea spp.
2. Cocoplum Chrysobalanus icaco
3. Confederate Jasmine Trachelospermum jasminoides
4. Crinum Lily Crinum asiaticum
5. Croton Codiaeum variegatum
6. Dwarf Oleander Nerium oleander 'petite'
7. Dwarf Philodendron Philodendron 'xanadu'
8. Fakahatchee Grass Tripsacum dactyloides
9. Hibiscus Hibiscus spp.
10. Liriope Liriope muscari
11. Saw Palmetto Serenoa repens
Exhibit 7 (Landscaping)
Proposed Landscaping Regulations Page 9 of 29
C. Irrigation plan, containing the following: 1
1. Technical specifications for the irrigation system, as required by the 2
Florida Building Code, Plumbing for preconstruction submittals; 3
2. Water source (well/pump, canal/pump, reclaimed, potable, etc.) and/or 4
water service connection location and backflow prevention device, as 5
applicable; and 6
3. Rain and/or moisture-sensing device(s), as required by Florida Statutes 7
373.62. 8
Sec. 45-87. 6-8. – Criteria for required landscaping. 9
Minimum landscape requirements. 10
A. Required landscaped areas. The following uses areas are within 11
nonresidential developments shall be required to provide landscaping: , as 12
required herein. 13
1. Miscellaneous landscape elements, as required in section 45-88; 14
2. 1. Off-street parking lots, Vehicular use areas as required in section 15
45-89 6-8; 16
3. Site perimeters, as required in section 45-90; and 17
4. 2. Building Base of foundation, as required by section 45-91. 6-12; 18
and 19
3. Signs as required by article 7. 20
B. Natural form. New trees and shrubs should duplicate natural patterns with 21
multiple plant sizes, spacing, plant clusters, and single plantings. 22
Exhibit 7 (Landscaping)
Proposed Landscaping Regulations Page 10 of 29
C. Size and configuration of plants. Minimum landscape standards. All 1
required landscapeing installed shall meet the minimum standards 2
requirements of Table 45-87-A 6-8A and as otherwise provided herein. 3
Table 45-87-A 6-8A
Minimum Size and Configuration Standards Landscape Requirements
Plant
Material Minimum Size at Planting Other Installation Requirements
Trees
12 feet with a minimum crown of 5 feet. (1)
All trees: 8 feet tall at planting, with a minimum crown at planting of 3 feet. (1)
Shade trees: 12 feet tall at planting, with a minimum crown at planting of 5 feet. (1)
50% of required trees shall be selected from the preferred plant list.
75% of required trees shall be low maintenance. (5)
50% of required trees shall be shade trees.
25% of required trees shall be native trees.
Palms 8 feet clear trunk when used for required buffer or parking purposes. (2, 3)
3 palms equals 1 required canopy tree.
75% of required palms shall be low maintenance. (5)
Specimen Palms
See list of specimen palms in (4)
12 feet clear trunk (2)
1 specimen palm shall equal 1 shade tree or 3 palms.
Hedge Shrubs 30 24 inches tall
Planted not more than 36 24 inches on center.
75% of required shrubs shall be low maintenance. (5)
Vines 60-inch trellis length, with 3 or more live runners at planting Attached to support. (6)
Notes:
(1) Height measured from grade to average end of branches, not the tallest of one or two branches and a minimum crown of five (5) feet.
(2) Height measured as clear gray trunk (CT) height: from the top of the root ball to the point where the lowest untrimmed leaf’s petiole diverges from the trunk.
(3) Palms not classified as specimen palms and planted in perimeter buffer areas shall be installed in groups of not less than three.
(4) Specimen palms: Phoenix canariensis, sylvestris, reclinata, or dactylifera; Bismarkia nobilis; Roystonea spp.; Attelea spp.; and Cocos nucifera (Green Maypan or Green Malayan only)
(5) Low-maintenance and native species are described in section 45-84.
(6) Support shall be provided consistent with sound horticultural practices to encourage future growth.
4
Exhibit 7 (Landscaping)
Proposed Landscaping Regulations Page 11 of 29
D. Minimum Landscape points to exceed minimum standards. In addition to 1
meeting all other landscaping requirements, each development parcel must 2
supplement the minimum standards by qualifying for additional landscape 3
points. Points are awarded for landscape material and improvements that 4
exceed the minimum standards, including exceeding the size and volume of 5
required material. 6
1. Parcels less than 1 acre must exceed the minimum standards by 50 7
points. 8
2. Parcels between 1 and 2 acres must exceed the minimum standards by 9
100 points. 10
3. Each additional acre or portion thereof requires 50 additional points. 11
Tables 4-8B and 4-8C shall be used to determine the minimum landscape 12
points per open space a project shall be required to provide. Achieving the 13
minimum open space landscape point requirement does not exempt a project 14
from compliance with other requirements of this article. 15
4. E. Total landscaping points. Achieving the total points per open 16
space for an entire project within one or more areas does not exempt 17
one from complying with all other requirements, even if that means 18
exceeding the minimum required. 19
5. If a redevelopment project is unable to meet the point system or open 20
space requirements of this article, required landscape points may be 21
acquired by placing equivalent landscaping on public lands, parks, 22
road rights-of-way, or other similar public space, if acceptable to the 23
village and the entity that manages the land, up to a maximum of fifty 24
(50) percent reduction of required points. 25
Table 6-8B --- Minimum Landscape Requirements for Point System Delineation
% Open Space Provided*
Points per 100 Square Feet % Open Space Provided*
Points per 100 Square Feet
< 15% 22 25—27% 14
16% 21 28—29% 13
17% 20 30—32% 12
18% 19 33—34% 11
19% 18 35—39% 10.5
20% 17 40—49% 9.5
21—22% 16 50—59% 8
23—24% 15 > 60% 7
Notes
*Example: 15% project open space requires 22 points/100 square feet
< = Equal to or less than > = Equal to or greater than
26
Exhibit 7 (Landscaping)
Proposed Landscaping Regulations Page 12 of 29
Table 45-87-B 6-8C Required Supplemental Landscape Installation Points
Category Points
Specimen Trees or Palms (1) * 25 per tree or palm retained or planted additional
Specimen Plants* 15 additional
Specimen Palms* 25 additional
Native Trees (1)– (if >5 Inches DBH) 20 per tree retained or planted, plus 1 point for each inch >5 DBH
Trees w/12 foot minimum height (minimum of 50% from Preferred Tree Species list) (See Note 1) 15 plus 1 point for each foot than minimum
Low-Maintenance Trees not on Preferred Tree Species list or < > 12 foot minimum height 5 per tree planted
Low-Maintenance Palms from Preferred Tree Species list w/minimum > 8 feet of clear trunk
3.3 per palm planted, points plus 1 point for each foot of clear trunk > 8 feet
Courtyards, loggias, patios, and similar open areas available for public use 50 points
Massing of landscaping including trees, shrubs, groundcover, and flowers to produce focal points up to 25 points
Trellises, arbors, or flower boxes up to 25 points
Sidewalks & adjoining landscaping that connect parking lots or alleys to buildings or to public sidewalks up to 25 points
Palms not on Preferred Tree Species List or less than 8 feet of clear trunk 1
All Shrubs (minimum of 50% from Preferred Shrub Species list) 1
All Groundcover (minimum of 50% from Preferred Groundcover Species list) 2 points per 10 square feet
Grass .25 (¼) points per 10 square feet
Notes
(1) Abused trees, as determined by the village, shall not count toward required points.
* = Justification to be provided consistent with definition below.
DBH= Diameter at Breast Height. (4-½ feet above grade) < = Less Than. > = Greater Than.
E. Reserved. 1
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Proposed Landscaping Regulations Page 13 of 29
F. Reserved. Water conservation. 1
1. Landscape plans shall be required to use minimum water conservation 2
techniques such as the following: 3
a. Moisture-Sensing Controller (other than rainswitch). 4
b. Drip/Trickle/Micro Irrigation System. 5
c. Quality Effluent Irrigation. 6
2. Water conservation may also be obtained through the use of the following: 7
a. Florida Native Landscaping. 8
b. Very drought-tolerant trees, shrubs and groundcovers. 9
c. Native wildflowers, meadow grasses or groundcover in lieu of 10
allowable sodded area. 11
G. Specimen trees and palms. Specimen trees and palms are either: shall be 12
considered as 13
1. Existing native trees if in good health, and over thirteen (13) inches at 14
diameter at breast height (DBH), and not a Category 1 invasive species 15
on the “List of Invasive Plant Species” (latest edition published by the 16
Florida Exotic Pest Plant Council) or larger. 17
2. A newly planted palm of a species listed in Table 45-87-A. 18
H. Shade canopy trees. 19
1. Canopy trees shall be installed in the landscape buffer at a maximum 20
of thirty (30) feet on center. 21
1. 2. The Canopy Shade trees, at maturity, shall be of a species, which 22
possess an average spread of at least twenty-five (25) feet and a clear 23
trunk of at least six (6) feet. 24
2. 3. The village staff may approve Approval of the use of shade trees 25
with a lesser mature canopy spread, provided that groupings of such 26
species are utilized to achieve the average spread. 27
I. Palm trees. 28
1. Palms must attain a minimum twelve (12) feet in height at maturity. 29
2. Palms must be resistant to lethal yellowing. 30
J. Tree species mix. When more than fifteen (15) trees are required to be planted 31
to meet the landscaping standards of this section, a mix of species shall be 32
provided according to the overall number of trees required to be planted. 33
Species shall be planted in proportion to the required mix. The minimum 34
number of species to be planted is indicated in Table 45-87-C. 6-8D. 35
Exhibit 7 (Landscaping)
Proposed Landscaping Regulations Page 14 of 29
Table 45-87-C 6-8D --- Required Species Mix
Required Number of Trees Min. Number of Species Required Number of Trees Min. Number of Species
16—20 2 3 31—40 4 5
21—30 3 4 41 + 5 6
K. Native and drought-tolerant trees. 1. A minimum of fifty (50) percent of 1
all trees used to satisfy the standards of this article shall be classified as 2
native species (see section 45-84). 2. In addition, fifty (50) percent shall be 3
classified as drought-tolerant by the most recent edition of the South Florida 4
Water Management District's "Xeriscape Plant Guide." 5
L. Shrubs and hedges. groundcovers. 6
1. At least fifty (50) percent of all required hedges and shrubs shall be 7
classified as native species (see section 45-84). drought tolerant by the 8
most recent edition of the South Florida Water Management District's 9
"Xeriscape Plant Guide." 10
2. At the time of installation, required hedges and shrubs shall be a 11
minimum of twenty-four (24) inches in height, or eighteen (18) inches 12
in height for native species, spaced at a maximum of thirty-six (36) 13
twenty-four (24) inches on center. 14
3. Required hedges shall form a solid, continuous visual screen of at least 15
three (3) feet in height within two (2) years of planting. 16
4. Hedges used in combination with nonliving landscape barriers to meet 17
the six (6) feet screen requirements in section 45-88 shall be installed 18
at the height necessary to provide the total six (6) foot screen within 19
(2) years of planting. 20
M. Reserved. Sod or grass. Not more than forty (40) percent of the total 21
landscape area shall be covered with sod or grass. 22
N. Ground treatment. 23
1. The ground area within required landscaped areas which is not 24
dedicated to trees or palms, or the preservation of existing or new 25
vegetation, shall receive appropriate landscape treatment such as grass, 26
groundcover, mulch, or shrubs and present a finished appearance upon 27
planting. 28
2. Sand, gravel, shellrock, or pavement shall not be considered 29
appropriate landscape treatment. 30
3. The following standards shall apply to the design of ground treatment. 31
a. Plants. Ground cover. Live material used as ground cover shall 32
provide a minimum of fifty (50) percent coverage immediately 33
Exhibit 7 (Landscaping)
Proposed Landscaping Regulations Page 15 of 29
upon planting and one hundred (100) percent coverage within 1
one (1) year. 2
b. Mulch. Mulch shall be installed and maintained at a minimum 3
depth of three (3) inches at all times, in all planted areas not 4
containing ground cover, except leaving two inches of space 5
around tree trunks to prevent rot. 6
i) All mulch material shall be seed and weed-free to prevent 7
tree sprouting and regrowth, and shall be sustainably 8
harvested such as melaleuca, pine straw, or eucalyptus. 9
ii) Mulch shall be temporarily applied to areas not 10
immediately covered by groundcover. 11
iii) Mulch will be thoroughly wet at the time of application to 12
prevent wind displacement. 13
c. Pebble and egg rock. Pebble or egg rock may be used in a 14
limited amount as a ground treatment in areas where drainage is 15
a problem. 16
d. Lawn and turf grass. Grass areas shall be planted with species 17
suitable as permanent lawns. Use of drought-tolerant 18
groundcover instead of lawn and turf grass is encouraged. 19
O. Flowers. Flower boxes and hanging pots should complement the overall 20
architecture of the facade and not obscure architectural details. The boxes 21
should be well constructed, and accommodate watering needs without 22
allowing water to drip or leak onto the building or sidewalk. 23
P. Reserved. Redevelopment and nonconforming projects. [content moved to 24
45-87.D.5] 25
Q. Landscape in easements. 26
1. Landscaping may be permitted in easements with the written 27
permission of the easement holder. Trees planted within any easement 28
with overhead utilities shall be consistent with FP&L's suggested tree 29
list "Plant the Right Tree in the Right Place," taking into consideration 30
the mature height and spread of the species beneath or adjacent to 31
existing overhead utilities. 32
2. Easements may overlap a landscape buffer a maximum of five (5) feet 33
provided that there remains a minimum of five (5) clear feet for 34
planting, or if a wall with a continuous footer is used, a minimum of 35
ten (10) clear feet for planting. 36
3. The landscape buffer may be traversed by easements or access ways as 37
necessary to comply with the standards of this section. 38
Exhibit 7 (Landscaping)
Proposed Landscaping Regulations Page 16 of 29
R. Perimeter landscaping. Only access ways and easements shall be permitted 1
as interruptions in perimeter landscaping and shall be included in the 2
calculation of linear dimension. No structures or parking are to be located in 3
this landscape area. 4
S. Landscaping in public road right-of-way. Maintenance of landscaped 5
rights-of-way shall be the responsibility of the project's property owner or, 6
as agreed upon in the development order approving the project, by special 7
districts created for unified maintenance. 8
Sec. 45-88. 6-9. - Miscellaneous landscape elements. 9
A. Alternative landscape materials. A landscape plan may utilize one or more 10
materials not specifically authorized in this article and must be demonstrated 11
to be consistent with the purposes and intent of this article. 12
B. Screening required. Uses within the overlay zone that shall be required to 13
be screened from public view are identified in this section. include 14
mechanical equipment areas, parking areas, satellite dishes mounted on the 15
ground, chain-link or other non-opaque fence or wall type, accessory use 16
structures, and other elements as defined by this article. 17
C. Perimeter walls and fences. 18
1. Perimeter walls, metal or wood fences, or other nonliving landscape 19
materials may be used in conjunction with vegetation to meet required 20
screening. landscaping. The heights of walls and fences are limited by 21
section 45-36. 22
2. Approved walls or fences shall be set back from property lines 23
adjoining streets sufficiently to include landscape on the street side 24
outside of the wall or fence. Chain link fences shall have a green or 25
black vinyl covering. 26
3. Maintenance of the wall or fence and associated landscaping by the 27
property owner is required. 28
D. Storage and garbage collection sites. All outside storage and trash or 29
garbage collection sites shall be completely screened from view, utilizing 30
any approved combination of walls and fences hedge (a minimum of six (6) 31
three (3) feet in height) structural barriers, berms that will fully or any 32
combination thereof to one hundred (100) percent screen the area from view 33
except for gates. 34
E. Service areas. 35
1. Service areas of nonresidential buildings, when visible from the street 36
right-of-way or adjacent residential land use, shall have barriers and/or 37
a hedge at a minimum of six (6) feet in height to screen the service 38
Exhibit 7 (Landscaping)
Proposed Landscaping Regulations Page 17 of 29
area from this use. A hedge that is planted meet this requirement must 1
achieve this height within 2 years of planting. 2
2. Service areas may include interior or exterior work bays associated 3
with full service gas stations, tire repair, auto repair business, as well 4
as any business proposing loading or unloading docks. 5
F. Backflow preventers. Backflow preventer systems shall be screened from 6
public view, utilizing any combination of trees, palms, hedges, or other 7
barriers. 8
G. Reserved. Mulch. [mulch standards relocated to 45-87.N.3] 9
H. Pavers and other impervious surfaces. The use of concrete, asphalt, 10
impervious pavers, or similar impervious material, excluding sidewalks, 11
shall not exceed thirty (30) percent coverage of an open space area, and 12
shall not be wider than twelve (12) feet if used in a required landscape 13
buffer area. This limitation shall be increased to sixty (60) percent for 14
pervious concrete, pervious asphalt, and pavers set on a pervious base. 15
I. Signs. Landscaping around ground/monument signs is required and shall be 16
provided pursuant to article 7. 17
I. 2. Landscape area around signs. [relocated from subsection 45-89.H.2] 18
1. a. A three (3) foot wide planting area shall be required around the 19
base of all signs except signs that are mounted on buildings. 20
2. b. One (1) shrub for each ten (10) square feet of sign surface area shall 21
be installed within the three (3) foot planting area at the base of the 22
sign. 23
3. c. Ground/monument signs may be surrounded by ground cover 24
instead of shrubs. 25
4. d. Landscaping and trees which interfere with signage may be 26
relocated to the rear of the sign planting area. 27
J. Advertising. At no time shall a landscaped area be used for advertising 28
display or sales. Temporary signs may not be placed in landscaped areas. 29
K. Earth berms. Earth berms shall use long and gentle slopes and as non-30
living landscape barriers only when installed in conjunction with plant 31
materials. 32
1. Berms five (5) feet or less in height shall have a maximum slope of 33
2:1. Berms greater than five (5) feet in height shall not exceed a ratio 34
of 3:1 in slope. 35
2. Hedges used in combination with earth berms to meet the six (6) foot 36
screen requirements in section 45-88 shall be installed at the height 37
necessary to provide the total six (6) foot screen at time of planting. 38
Exhibit 7 (Landscaping)
Proposed Landscaping Regulations Page 18 of 29
Sec. 45-89. 6-10. - Landscape requirements for off-street parking 1
lots. areas. 2
A. Landscape buffer. A landscape buffer, at least five (5) feet in width, shall 3
be provided along all sides of parking lots, excluding a side or sides that 4
abut a building. This buffer strip shall be planted with shade trees at a 5
maximum spacing of thirty (30) feet on center and with a continuous hedge 6
that will be maintained at least three (3) feet high. 7
B A. Minimum spacing of shade trees. 8
1. The minimum shade tree spacing for interior parking lots areas shall 9
be such that the center of any parking space is not more than thirty 10
(30) forty (40) feet from the center of a the shade tree. 11
2. A shade tree may be replaced by a minimum of three (3) palms 12
clustered together, as long as the affected parking bays are more than 13
fifty (50) feet from a public street. 14
C B. Landscape islands. 15
1. Interior islands. An interior landscape island shall be required for 16
every wherever nine (9) or more parking spaces are located in a row. 17
a. Interior islands shall be spaced a maximum of ninety (90) feet 18
apart. 19
b. Interior islands shall measure at least (15) feet in length and eight 20
(8) feet in width, measured from back of curb to back of curb. 21
c. A minimum of one (1) shade tree shall be planted in each interior 22
island, in addition to shrubs and mulch or ground cover. 23
2. Terminal islands. Each row of parking spaces shall be terminated by 24
landscape islands. 25
a. Terminal islands shall measure at least (15) feet in length and 26
eight (8) feet in width, measured from back of curb to back of 27
curb. 28
b. A minimum of one (1) shade tree shall be planted in each 29
terminal island, in addition to shrubs and mulch or ground cover. 30
3. 2. Landscape diamonds. The use of Landscape diamonds may be 31
substituted for interior landscape islands parking lot tree planting is 32
permitted as per this section for parcels less than 1 acre, but not for 33
terminal excluding islands at the end of parking rows. 34
a. I. Landscape diamonds. 1. On these small parcels, landscape 35
diamonds may be distributed throughout the interior of an off-36
Exhibit 7 (Landscaping)
Proposed Landscaping Regulations Page 19 of 29
street parking lot area to provide shading of parked motor 1
vehicles as an alternative to interior landscape islands. 2
b. 2. Landscape diamonds Tree planting areas shall be located only 3
at the common intersection of four (4) parking spaces and spaced 4
no greater than four (4) spaces apart. 5
c. 3. The ground within the diamond tree planting area shall 6
receive appropriate landscape treatment, including shrubs and 7
mulch or groundcover. 8
d. 4. The minimum diamond size tree planting area shall be 9
twenty-five (25) square feet and the minimum dimension shall be 10
five (5) feet by five (5) feet, not including curb treatment. 11
e. A minimum of one (1) tree shall be planted in each diamond, 3. 12
Each planter island shall contain at least one canopy tree for each 13
one hundred (100) square feet of area or fraction thereof, in 14
addition to shrubs and mulch or ground cover. 15
4. Terminal and landscape islands. Each row of parking spaces shall be 16
terminated by landscape islands, which measure a minimum of eight 17
(8) feet in width, excluding required curbing, and fifteen (15) feet in 18
length. A minimum of one hundred twenty (120) square feet of 19
pervious surface areas shall be provided. A minimum of one (1) tree 20
shall be planted in each terminal island. 21
5. Interior landscape islands. A minimum of one (1) interior landscape 22
island shall be provided for every nine (9) parking spaces or fraction 23
thereof and shall be spaced a maximum of ninety (90) feet apart. 24
Interior islands shall measure not less than eight (8) feet in width, 25
excluding required curbing, and fifteen (15) feet in length. A minimum 26
of one hundred twenty (120) square feet of pervious surface areas shall 27
be provided. A minimum of one (1) tree shall be planted in each 28
interior island. 29
6. Lots equal to or less than one (1) acre. For lots equal to or less than 30
one (1) acre, terminal and interior landscape islands shall be a 31
minimum of five (5) feet in width, excluding required curbing, and 32
fifteen (15) feet in length. 33
C. Divider median. 34
1. Divider medians shall be installed between rows of parking and 35
between all parking/vehicular use areas. 36
2. One (1) tree shall be planted for each thirty (30) linear feet of a divider 37
median, or fraction thereof. 38
3. The minimum width shall be five (5) feet of un-encroached landscape 39
area. 40
Exhibit 7 (Landscaping)
Proposed Landscaping Regulations Page 20 of 29
D. Minimum size for landscape areas. 1
1. The minimum landscape area shall contain no dimension less than five 2
(5) feet in width, measured from the inside of the curb. 3
2. There shall be no landscape area smaller than twenty-five (25) square 4
feet. 5
3. Landscape areas within interior parking areas may be reduced if the 6
areas shall constitute an obstruction in use of a building structure, 7
providing the reduced square footage is relocated so as to emphasize 8
entrance corridors or special landscaped areas within the general 9
parking area. 10
D. E. Protection of landscape areas. All landscape areas shall be protected by 11
curbs or wheel stops from vehicular encroachment and from the damages 12
caused by vehicles overhanging into landscape areas. 13
1. Landscaping. In addition to grass, Landscaping shall be required to 14
be at least twenty four (24) thirty (30) inches from the edge of the 15
wheel stop or curbing. 16
2. Overhang areas. Vehicle parking areas designed to permit vehicles 17
overhanging into landscaped areas shall not be permitted to count the 18
first thirty (30) inches of landscape area as open space. 19
23. Curbing. All landscape areas subject to vehicular encroachment shall 20
be separated from vehicular use areas by six (6) inch, non-mountable, 21
FDOT-type 'D' or FDOT-type 'F', concrete or asphalt curbing. The 22
curbing shall be machine-laid, formed-in-place or integral with the 23
pavement. Curbing may be interrupted to accommodate drainage, 24
paths, or sidewalks. 25
34. Wheel stops. 26
a. Wheel stops shall have a minimum height of four (4) six (6) 27
inches above finished grade of the parking lot area, shall be 28
properly anchored, and continuously maintained in good 29
condition. 30
b. The space between the wheel stop and the end of the parking 31
space may be paved as required by the building division for 32
anchoring and maintenance purposes. 33
c. Wheel stop anchor rods shall be set through the pavement and 34
the bottom of the wheel stop must rest fully on the pavement to 35
prevent rocking. 36
Exhibit 7 (Landscaping)
Proposed Landscaping Regulations Page 21 of 29
F. Hedges. 1
1. All parking, loading, or storage areas adjacent to the right-of-way, 2
including driveways to parking lots, shall include a continuous hedge 3
that is maintained at a minimum of three (3) feet at maturity. 4
2. "Dwarf" hedges may be installed and maintained at a minimum height 5
of eighteen (18) inches when adjacent to an automobile sales display 6
area. 7
G. Maintenance. Regular maintenance of vehicular use areas adjacent to all 8
landscape areas shall include replacement of broken curbs or curb stops as 9
needed to keep the general appearance in good condition and safe. 10
H. Safe sight distance triangles. [moved to subsection 45-90.C] 11
2. Landscape area around signs. [moved to subsection 45-88.I] 12
Exhibit 7 (Landscaping)
Proposed Landscaping Regulations Page 22 of 29
Sec. 45-90. 6-11. – Landscape requirements for site perimeters. 1
Minimum landscape buffer and planting requirements. 2
A. Minimum buffer width for site perimeters. required. A landscape buffer of 3
the widths specified in Table 45-90 shall be provided a minimum of eight 4
(8) feet in width around the perimeter of all parcels in the specified zoning 5
districts. 6
Table 45-90 – Minimum Buffer Widths
Front Yard Side Yard Rear Yard
R-3 8 feet 5 feet 1 5 feet
C-MU 5 feet 2 ‒ 5 feet
C-2 8 feet 10 feet 5 feet 3
C-3 5 feet 2 ‒ 5 feet 4
C-NB 5 feet ‒ 5 feet
All other commercial 5 feet 5 feet 5 5 feet
I-1 see section 45-38
NOTES: 7
1 Only required in side yards that adjoin R-1 or R-2 districts 8
2 Does not apply to all building frontage types; along US Highway 1 and Northlake 9
Boulevard, the front yard landscape buffer may not be planted on a sidewalk 10
easement (see subsections 45-31.E.6 and 45-34.1.H) 11
3 Not required on parcels that adjoin the railroad right-of-way 12
4 Only required on parcels that adjoin US Highway 1 or Northlake Boulevard (see 13
subsection 45-34.1.H) 14
5 Only required in side yards that adjoin less intense zoning districts (e.g. any 15
residential district) 16
However, additional buffer width shall be provided as indicated below: 17
1. A minimum landscape buffer of ten (10) feet in width shall be required 18
on lands located adjacent to public rights-of-ways that are one hundred 19
ten (110) feet wide or less; 20
2. A minimum landscape buffer of at least fifteen (15) feet in width shall 21
be required on lands located adjacent to public rights-of-ways that are 22
one hundred eleven (111) to one hundred fifty (150) feet wide; 23
3. A minimum landscape buffer of at least twenty (20) feet in width shall 24
be required on lands located adjacent to public rights-of-ways that are 25
greater than one hundred fifty (150) feet wide; and 26
Exhibit 7 (Landscaping)
Proposed Landscaping Regulations Page 23 of 29
4. A landscape buffer, at least five (5) feet in width, shall be provided 1
along all sides of the parking lot, excluding that side or sides, which 2
abut a building. [relocated to subsection 45-90.E] 3
B. Mature height. Vegetation should be planted taking into consideration the 4
mature height and spread of the species. 5
C. Spacing. The maximum spacing of planting trees shall be thirty (30) feet on 6
center along any perimeter buffer. 7
B. D. Perimeter Landscape requirements for site perimeters. Perimeter 8
landscape buffers shall be installed where required by Table 45-90 and 9
maintained in accordance with the following standards. Vegetation should 10
be planted taking into consideration the mature height and spread of the 11
species. Easements and access ways, which traverse required perimeter 12
landscape buffers, shall be included in the calculation of linear dimension. 13
1. Trees. Trees shall be planted in required perimeter landscape buffers 14
at a maximum spacing of thirty (30) feet on center. 15
2. Shrubs. A hedge shall be planted in required perimeter landscape 16
buffers to form a continuous solid opaque visual screen of at least 17
thirty-six (36) inches in height within two (2) years of planting. 18
3. 1. Palm Trees. 19
a. Within the perimeter landscape buffer, a specimen palm or a 20
group of three (3) palm trees may be substituted for one (1) 21
required canopy tree; however, not more than fifty (50) percent 22
of the required canopy trees may be replaced by palm trees. 23
b. In right-of-way buffers only, Royal or Phoenix palms, excluding 24
Phoenix roebellini, may be counted as one (1) required canopy 25
tree. These palms shall: 26
1) Not exceed a maximum of thirty (30) percent of all trees 27
required in the buffer; 28
2) Be spaced a maximum of twenty (20) feet on center; and 29
3) Be a minimum of either six (6) feet of gray wood for Royal 30
palms or eight (8) feet clear trunk for Phoenix palms. 31
4. 2. Slash pines. 32
a. Slash pines planted in perimeter buffers shall be installed in 33
groups of no less than three (3). 34
b. Each group of slash pines shall average a minimum of ten (10) 35
feet in height and may be counted as one (1) required canopy 36
tree. 37
Exhibit 7 (Landscaping)
Proposed Landscaping Regulations Page 24 of 29
3. Hedges and shrubs. 1
a. At the time of installation, required hedges and shrubs shall be a 2
minimum of twenty-four (24) inches in height, and spaced at a 3
maximum of twenty-four (24) inches on center. 4
b. Required hedges shall form a continuous solid opaque visual 5
screen of at least thirty-six (36) inches in height within two (2) 6
years of planting. 7
5. 4. Canopy Tree and palm clustering. 8
a. Canopy Trees and palms may be clustered in right-of-way 9
buffers if the clusters are spaced a maximum of sixty (60) thirty 10
(30) feet apart, and/or consist of trees of varied height, which 11
when averaged, equal the minimum tree height requirements, and 12
are located on property containing a minimum of three hundred 13
(300) linear feet along the right-of-way. 14
6. 5. Walls and fences within right-of-way buffer. 15
a. If a wall or fence is used, the required landscaping shall be 16
located between the wall or fence and the right-of-way. 17
b. Walls and fences shall not encroach upon easements, unless 18
approved in writing by the easement holder. 19
c. Wall or fences shall be setback a minimum of ten (10) feet from 20
the edge of the ultimate right-of-way unless a wall with a 21
continuous footer is used, then the wall shall be setback to 22
provide a minimum of ten (10) clear feet for planting. 23
C. H. Safe sight distance triangles. 24
[relocated from section 45-89.H and modified as indicated] 25
Safe sight distance triangles may be required shall be provided in 26
accordance with the County Design Manual, published by the Palm Beach 27
County Department of Engineering and Public Works, to restrict placement 28
of visual obstructions. 1. Landscape limitations. a. Safe sight distance 29
triangle areas shall be maintained to provide unobstructed visibility at a 30
level between thirty (30) inches and eight (8) feet above the crown of the 31
adjacent roadway and in a way that does not that might create a traffic 32
hazard. b. Landscaping on state roads shall be installed in accordance with 33
requirements the roadside clear zone provisions of the State of Florida 34
Department of Transportation's Manual of Uniform Minimum Standards for 35
Design, Construction, and Maintenance of Streets and Highways, as 36
amended. c. All landscaping within the safe sight distance triangle area 37
shall be planted and perpetually maintained by the property owner, in 38
accordance with this section. 39
Exhibit 7 (Landscaping)
Proposed Landscaping Regulations Page 25 of 29
Sec. 45-91. 6-12. – Landscape requirements for base of foundation. 1
landscaping and plantings. 2
A. Location and width. 3
1. There shall be foundation landscaping within five (5) feet of all 4
buildings and structures. and 5
a. These landscape areas shall be provided along all four (4) 6
facades of all commercial structures, excluding rear service areas 7
not visible by a public road right-of-way or not generally 8
traveled by the public or visible from adjacent structures. 9
b. 2. The combined length of the required foundation planting shall 10
be no less than forty (40) percent of the total length of the 11
applicable side of the structure. 12
2. This requirement shall not apply in the C-MU and C-3 zoning districts 13
in front of buildings that meet the standards for a gallery, storefront, or 14
canopy building frontage type. 15
B. Irrigation. All foundation areas shall be irrigated and of the appropriate size 16
to accommodate the mature size of the vegetation to be planted. 17
B. C. Minimum standards. 18
1. The minimum standards for When required, foundation landscaping 19
shall be determined by the building height and function, and always 20
extend along the portions of a facade that directly abut a street, a 21
parking lot, and other area or vehicular use areas, excluding 22
entryways, doorways or other building improvements. 23
1. The foundation planting area for a one-story building shall be at least 24
five (5) feet wide, unless foundation landscaping would interfere with 25
the intended use and function of a building. 26
2. The foundation planting area for a building of two (2) or more stories 27
shall be not less than thirty (30) percent of the height of the adjacent 28
wall. 29
3. At least one shade tree or palm cluster shall be installed for each thirty 30
(30) linear feet, or fraction thereof, of facade width. 31
2. a. A minimum of one (1) tree per facade shall be planted for each 32
seventy-five (75) linear feet of building perimeter, using a species 33
suitable for this location. and The remainder of the landscape area 34
shall be treated appropriately with plantings which may include 35
shrubs, vines, flower boxes, ground cover, and mulch, and with 36
pedestrian accessways. 37
b. Trees and palms shall be of an installed size relating to the height of 38
the adjacent wall or facade, as indicated in Table 6-12. 39
Exhibit 7 (Landscaping)
Proposed Landscaping Regulations Page 26 of 29
Table 6-12 Minimum Foundation Planting Dimensions
Wall Height Min. Tree Height Min. Palm Height
<15 feet 12 feet 12—14 feet
15—25 feet 14 feet 14—18 feet
>25—35 feet 16 feet 18—22 feet
>35 feet 18 feet 22—28 feet
Sec. 45-92. 6-13. - Landscape maintenance. 1
A. Minimum requirements. The land owner shall be responsible for the 2
following: 3
1. The maintenance of required landscape structures (e.g., walls, fences) 4
in a structurally-sound condition. 5
2. Tree maintenance, which shall be limited to periodic trimming to 6
maintain healthy trees, removal of diseased limbs, or removal of limbs 7
or foliage that present a hazard. a. All trees shall be allowed to grow 8
to their natural mature height and a full canopy. 9
b. Large and medium canopy trees shall be required to attain a 10
minimum twenty (20)-foot canopy spread prior to pruning. In no 11
case shall the canopy spread be reduced to less than twenty (20) 12
feet in width. 13
3. Landscape buffers shall be maintained and preserved along the entire 14
length of the property. 15
4. All landscape areas, including any right-of-way landscaping between 16
the property line and the adjacent street, which shall be maintained on 17
a regular basis, to include weeding, watering, fertilizing, pruning, 18
mowing, edging, mulching, replacement of dead or missing 19
landscaping, removal of prohibited plants, and other horticultural 20
practices that are needed to keep landscaping in good condition, free 21
from disease, insect pests, weeds, refuse, and debris. 22
5. Landscape maintenance shall be carried out in a manner that will not 23
disrupt, inconvenience, or endanger any member of the public, or 24
pedestrian, or motor vehicles. 25
Exhibit 7 (Landscaping)
Proposed Landscaping Regulations Page 27 of 29
Sec. 45-93. 6-14. - Irrigation. 1
A. General. All landscape areas, except those areas composed of existing 2
native plant communities, shall provide an irrigation system plan. The 3
irrigation system shall be designed and installed in accordance with the 4
Florida Building Code. Florida Irrigation Society Standards and 5
Specifications for Turf and Landscape Irrigation Systems, as amended from 6
time to time. Irrigation systems shall be designed and maintained to obtain 7
the following results: 8
1. Eliminate the wasteful use of water; 9
2. Eliminate overspray onto staining of buildings, walks, and walls and 10
other site improvements including landscaping; 11
3. Provide a minimum of one hundred (100) percent coverage, including 12
the capability of applying water onto turf areas on a different 13
saturation level than that used to irrigate shrub-planting beds; and 14
4. Use separate zones to match irrigation to vegetation types. Eliminate 15
water overthrow onto non-pervious areas. 16
B. Standards. Irrigation systems shall comply with the following standards. 17
1. Irrigation systems shall be continuously maintained in working order 18
and shall be designed so as not to overlap water zones or to water 19
impervious areas. 20
2. Irrigation systems shall not be installed or maintained abutting any 21
public street which causes water from the system to spray onto the 22
roadway or to strike passing pedestrian or vehicular traffic, where 23
feasible. 24
C. Rain sensors. A rain sensor, to switch off irrigation during wet periods, 25
shall be required on all new irrigation systems. 26
Sec. 45-94. 6-15. - Pruning. 27
A. Crown reduction. 28
1. [relocated from 45-94.A.2.a] The crown of a shade tree required by 29
this code or condition of approval shall not be reduced below the 30
minimum mature spread or height requirements of this code section or 31
specific village conditions of approval. Crown reduction of shade 32
trees shall be prohibited until the tree canopy has reached at least 33
twenty (20) feet in diameter. Exceptions include: 34
a. The removal of limbs or foliage presenting a hazard or in conflict 35
with a crime prevention program; 36
b. Removal of dead or diseased limbs; 37
c. The reinforcement strength of form, or 38
d. In association with tree or palm relocation work. 39
Exhibit 7 (Landscaping)
Proposed Landscaping Regulations Page 28 of 29
2. After a tree canopy reaches fifteen (15) feet in diameter, crown 1
reduction shall only be permitted as Incidental when correct pruning is 2
permitted standards are used and when there are conflicts with 3
constraints such as, but not limited to, views, power lines, structures, 4
lighting, or signage, vehicles, pedestrians, etc. and to improve the 5
structural integrity of trees. All pruning shall be in accordance with 6
pruning standards in ANSI A300. 3. A maximum of one-fourth (0.25) 7
of tree canopy may be removed from a tree within a one (1) year 8
period, provided that the removal conforms to the standards of crown 9
reduction, crown cleaning, crown thinning, crown raising, vista 10
pruning, and crown restoration pruning techniques. 11
a. [relocated to 45-94.A.1] 12
b. A tree that is pruned in excess of these requirements shall be 13
replaced with a tree that meets the minimum requirements of this 14
section or equal specifications of the tree that has been pruned, 15
whichever is greater, or, if deemed possible by a certified 16
arborist, a remedy plan may be proposed to the village that 17
would correct the pruning error. 18
B. Plant characteristics. Unless otherwise approved by the village during the 19
approval process, trees shall be allowed to grow to a shape and size typical 20
of their species throughout their life cycle. 21
C. Pruning standards. The following are general pruning standards and 22
requirements established for the overlay zone. 23
1. Hat-racking. Hat-racking is prohibited. For the purposes of this 24
article, hat-racking is defined as flat-cutting the top or sides of a tree, 25
severing the leader or leaders; making internodal cuts (cutting back of 26
limbs to a point between branch collars/buds) prune a tree by stubbing 27
off mature wood larger than one (1) inch in diameter within the tree's 28
crown; or reducing a mature tree's total circumference or canopy 29
spread by one third or more. 30
2. Palm trees. Pruning palm trees shall be limited to dead fronds and up 31
to one-third ( 1/3 ) of the green fronds and seed pods. 32
3. Maximum limb pruning. Severely cutting back lower branches to 33
increase sight visibility from underneath a tree's canopy, shall not 34
exceed thirteen feet six inches (13'-6") from the ground level to the 35
collar of the first limb. 36
D. Alternative canopy shapes. If other than the normal expected tree canopy 37
shade and size is desired by the owner of the trees, the desired shape and 38
size shall be indicated on the approved landscape plan. If a desired shape 39
and size is not noted on the approved landscape plan, trees shall be allowed 40
to grow to their natural shape and size. 41
Exhibit 7 (Landscaping)
Proposed Landscaping Regulations Page 29 of 29
E. Performance. Pruning shall be performed by a certified arborist or FNGLA 1
certified landscape contractor in accordance with the Tree Care Industry 2
standard of care as described in ANSI A300. person or tree service that is 3
knowledgeable with the latest standards of the National Arborist 4
Association. 5
F. Exemptions. Subsections 45-94.A‒D do not apply to The following shall 6
be exempt from this section. 7
1. trees which interfere with safe site triangles, utility lines, or utility 8
structures. 9
2. Trees having crown die-back or decay greater than one third the tree 10
canopy. 11
3. Trees having suffered damage due to natural or accidental causes. 12
4. Trees having insect or disease damage greater than one-third of the 13
tree crown. 14
Secs. 45-95 – 45-100. - Reserved. 15
VILLAGE OF NORTH PALM BEACH
POLICE DEPARTMENT
TO: Honorable Mayor and Council
THRU: Andrew D. Lukasik, Village Manager
FROM: Rick Jenkins, Police Chief
DATE: August 13th, 2020
SUBJECT: RESOLUTION – Approval of Palm Beach County Operational Assistance and
Voluntary Cooperation Mutual Aid Agreement
The Village is currently a party to a Combined Operational Assistance and Voluntary Cooperation Mutual
Aid Agreement with other law enforcement agencies throughout Palm Beach County. This Agreement
allows each such agency, including the Village, to receive and extend mutual aid in the form of law
enforcement resources and to render assistance across jurisdictional lines as authorized by Chapter 23,
Florida Statues (Florida Mutual Aid Act).
As required by statute, the Agreement specifies, among other things, the nature of the assistance to be
rendered, the agency that shall bear liability for acts undertaken pursuant to the Agreement, and the
procedures for authorizing and requesting assistance. This Agreement replaces the existing Agreement
and shall remain in effect through January 31st 2025.
The attached Resolution and Agreement have been prepared and/or reviewed for legal sufficiency by the
Village Attorney.
There is no immediate fiscal impact.
Recommendation:
Village Staff recommends Council consideration and approval of the attached Resolution
approving the Palm Beach County Operational Assistance and Voluntary Cooperation Mutual Aid
Agreement and authorizing the Mayor, Village Manager and Police Chief to execute the Agreement
on behalf of the Village.
RESOLUTION 2020-____
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, APPROVING A COMBINED OPERATIONAL
ASSISTANCE AND VOLUNTARY COOPERATION MUTUAL AID
AGREEMENT FOR PALM BEACH COUNTY LAW ENFORCEMENT
AGENCIES AND AUTHORIZING THE MAYOR, VILLAGE MANAGER AND
POLICE CHIEF TO EXECUTE THE AGREEMENT ON BEHALF OF THE
VILLAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Village is currently a party to a Combined Operational Assistance and Voluntary
Cooperation Mutual Aid Agreement with other law enforcement agencies throughout Palm Beach
County; and
WHEREAS, the Agreement allows the agencies to receive and extend mutual aid in the form of law
enforcement services and resources and to render assistance across jurisdictional lines as authorized
by the Florida Mutual Aid Act (Section 23.12, et seq., Florida Statutes); and
WHEREAS, the existing Agreement will expire on January 31, 2021 and the Village Council
determines that the execution of a renewed Agreement for an additional four-year term is in the best
interests of the residents and citizens of the Village of North Palm Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, as follows:
Section 1. The foregoing recitals are hereby ratified as true and incorporated herein.
Section 2. The Village Council hereby approves the Combined Operational Assistance and
Voluntary Cooperation Mutual Aid Agreement, a copy of which is attached hereto and incorporated
herein, and authorizes the Mayor, Village Manager, and Police Chief to execute the Agreement on
behalf of the Village.
Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby
repealed to the extent of such conflict.
Section 4. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED THIS DAY OF , 2020.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
VILLAGE OF NORTH PALM BEACH
LIBRARY ADVISORY BOARD MEETING MINUTES
JUNE 23, 2020
NOTE: Due tothe Covid-19pandemic this meeting was held via ZOOM.
CALL TO ORDER
Chairperson Christine DelGuzzi called the meeting toorder at7:01PM.
ROLL CALL
Present : Zakariya Sherman, Library Director
Christine DelGuzzi, Chairperson
Phyllis Wissner, Vice Chairperson
Bonnie Jenkins, Secretary
Carolyn Kost, Member
Brad Avakian, Member
Tina Chippas, Member
Leslie Metz, Member
APPROVAL OF MINUTES
Minutes for the May 26, 2020, meeting were approved after a motion made by Phyllis Wissner and
seconded by Tina Chippas.
LIBRARIAN’S REPORT
Director Zak Sherman reported the following:
Covid-19 impact:
o The Library opened to the public on June 1, 2020, Monday thru Friday.
thoCurbsidepickupcontinuedforthefirstweek, but by June 8 ceased with all patrons
coming inside. It is still available for those who request it.
o Library is maintaining two bins for returns (which are quarantined for 3 days) and bins
for donations (which are also quarantined).
o Most patrons are wearing masks; one is provided tothose who don’thave one; ifmask
are made mandatory, signage will change.
o Many thank you notes and compliments regarding continuity of service have been
received.
o Sneeze guards in place throughout Library.
o Donations have been received inmemory of Jeanne Saunders (retired teacher from NPB
Elementary) and Jim Martin (library patron) who have recently passed away.
Friends of the Library (FoL) Update:
o This has been a record fundraising year - $25,000 donation has been allocated for the
Library.
This is earmarked for new upstairs furniture;
Speaker series for adults.
o Daily sales of FOL books has averaged around $40.00 since reopening.
Upcoming Plans:
o Add seating (one chair per table)
o Checkouts downstairs
o Reopen computer lab
Facilities:
o Computer replacement continued (since September, allare new.) Will now implement
time limits;
o ITupgrading software toOffice 2016 version;
o Meeting room policies will befinalized before endofFY20 toinclude charging for useof
rooms for workshops, non-library related meetings;
Youth Services:
o Parks and Rec summer camp attendees visit library, mostly onrainy days;
Adult programs:
o None occurred during this time, will beresumed slowly.
Statistics:
o E-Book and E-Audio Circulation numbers continued torise during the shut-down.
Cloud Library has been very popular.
OLD BUSINESS
Due to Covid-19, (re)appointments to Boards have been delayed. Election ofofficers isalso behind and will
occur when Council has acted.
NEW BUSINESS
There was none.
QUESTIONS AND ANSWERS
President DelGuzzi inquired when in-person meetings might restart. Director Sherman will check with
Village Manager.
ADJOURNMENT
Amotion toadjourn the meeting was made byPhyllis Wissner and seconded byTina Chippas.
The meeting was adjourned at7:30PM.
The next meeting will beTuesday, July 28, 2020 at7:00pm
Respectfully submitted byBonnie Jenkins
VILLAGE OF NORTH PALM BEACH
PLANNING COMMISSION
REGULARMEETING MINUTES
TUESDAY, JULY 7, 2020
Present: Cory Cross, Chairman
Donald Solodar, Vice Chair
Thomas Hogarth, Member
Jake Furlott, Member
Jonathan Haigh, Member
Lori Rainaldi, Member
Kathryn DeWitt, Member
Len Rubin, Village Attorney
Jeremy Hubsch, Community Development Director
Justin Revis, Planner
Michael Applegate, IT Director
Council Member:Debra Searcy, Council Member
In accordance with Governor Ron DeSantis' Executive Order No. 20-91and Executive Order No. 20-69,the
meeting wasconducted electronically, via internetaccess or telephone. The Planning Commission members,
Village staff and COA applicants attended via internet connectionor telephonically.
I. CALL TO ORDER
Chairman Crosscalled the meeting to order at 6:30PM.
IA. ROLL CALL
All members of the Planning Commission were present.
II. APPROVAL OF MINUTES
The Minutes of theJune 2, 2020SpecialMeetingswere approved as written.
III. DELARATION OF EX PARTE COMMUNICATIONS
There were no Ex Parte Communications declared by the Board.
IV. QUASI JUDICIAL MATTERS / PUBLIC HEARING
Attorney Len Rubin swears in all persons speaking.
A.CERTIFICATES OF APPROPRIATENESS
1.COA 2020-1125: California Design Center
Location:212 US Highway 1
Minutes of Village Planning Commission Regular Meeting held onJuly7, 2020
Request:An application submitted by Brian J. Marderon behalf of RJR ML LLC,
requesting Certificate of Appropriateness (COA) approval in order to install asign.
Mr. Revis presented the Staff report and recommendation.The applicant is proposing to install a wall sign and
resurface an existing ground/monument sign for the property. The wall sign will be mounted to the front facade
of the structure, set back 100.1 feet from the property line. The existing monument sign iscurrently located close
to the center of the front property line, set back 5.4 feet from the side property line along US Highway 1. The
monument sign will not be moved only resurfaced. A COA review and finding by the Planning Commission for
this project is required for compliance with the Village’s Appearance Code. Staff requests the following
conditions be included as part of the Commission’s approval:
1. Applicant shall obtain all necessary governmental permits and approvals for the sign.
2. Hedge must be installed a minimum of 30 inches high and not more than 18 inches apart.
The Planning Commissionsmembers were supportive of the design and colors, and had no discussion.
Motion: Mr. Solodarmoved toapprove the applicationwith Staff’s recommendationas presented.Ms. DeWitt
seconded the motion, which passed 7-0.
2.COA 2019-2161: 844 PROSPERITY FARMS CORP Fence (Continued from June 2,
2020)
Location:844 Prosperity Farms Road
Request:An application submitted by Leib Ezaguion behalf of the 844 Prosperity Farms
Corporation, requesting Certificate of Appropriateness (COA) approval in order to build
a fence.
B. ZONING/VARIANCE APPLICATIONS
1.PROJECT 2020-0353: 844 Prosperity Farms Corp-VARIANCE
Request:An application submitted by Leib Ezagui on behalf of the property owner 844
PROSPERITY FARMS CORP, requesting aVARIANCE from section 45-36(D) \[General
Provisions\] of the Village Code of Ordinances in order to install a5-foot high fence within
the front and side setback, rather than be limited to a 4-foot fence on the side (west) and no
fence along the front (north) as required by Code.
Mr. Revis presented the updated submission from the applicant. As the materials were submitted late, Staff could
not provide appropriate analysis and staff reports in time for the meeting.Mr. Revis states that the issues identified
at the June meeting have been addressed and that the wall goes around the fire hydrant and water meter, with the
approval of the Fire Department.
The Planning Commission members discussed their support of the wall set back from sidewalk, the proposed wall
height and placement by the parking lot, and recommendthat a landscape plan be included for the 2 ft. landscape
buffer in front of the wall. The Commission also recommended to continuethe items until the next planning
commission meeting so they have an opportunityto review the revised plansfurther, which were not included in
the meeting packet. They alsorequested a new staff report.
2
Minutes of Village Planning Commission Regular Meeting held onJuly7, 2020
Motion: Mr. Solodarmoved tocontinue the application to the next meeting on August 4, 2020. Mr.Hogarth
seconded the motion.The Motion passed 7–0.
C.PLANNED UNIT DEVELOPMENT MODIFCATION
1.PROJECT 2020-0413: Prosperity Harbor North PUD
Request:An application submitted by David Milledge, ESQ on behalf of Joseph Little with
the approval of Prosperity Harbor North Master Association, INC., to make a major
amendment to the Prosperity Harbor North PUD for allowance and modification of waterside
structures for the 12 properties abutting the Intracoastal Waterway.
Mr. Hubschpresented the Staff report and recommendation.The Applicant wishes to amend Exhibit “A” of
Ordinance 01-2000, whichprovides for and regulates the location and placement of waterside structures for
properties within the PUD. The Ordinance created specific standards for the placement of waterside structures for
both interior and intracoastal lots.The request seeks to amend Exhibit “A” for intracoastal lots, whichcurrently
prohibits docks and allows only piers six feet in width with “L” and “T” heads, also limited to six feet in width
on intracoastal lots. The Applicant is seeking to: (1) allow docks on intracoastal lots; and (2) allow “L” and T”
heads to be up to eight feet in width on intracoastal lots. The requested increase of “L” and “T” head width
requires a waiver from Village Code Section 5-84(6) and triggers a Major Amendment to the PUD.
Mr. Hubsch provided a comprehensive history of the Ordinance and PUD background,detailed in the Staff
Report.Staff has found the requested waiver from Section 5-84 (6) inconsistent with the Village’sCode and is
therefore recommending denial of the waiver.
David Milledge, Sr. Project Manager, Coutler& Hearing, was present to represent the project.Mr. Milledge
made a presentation of the Applicant’s requested waiver. The proposed request will continue to keep the code
maximum of a 6’ wide pier while allowing a “L” or “T” head to have a maximum width of 8’. This waiver is
requested based on safety concerns caused by the height differential between the finished decking of the pier and
the water level of the Intracoastal Waterway. The height difference between the top of the decking and the mean
a vessel’s freeboard, a disembarking passenger would have a large step upon the pier. To accommodate this
height differential, the proposed 8’ “L” head has a 5’ wide platform which then steps down 2’ over three steps.
By lowering the height, this design provides greater safety for those passengers disembarking a vessel. Under
ich does not provide
enough open space for staging purposes and therefore the addition of 2’ is appropriate. Theproposal has limited
impact within the PUD and those navigating the Intracoastal Waterway as “L” and “T” heads are only permissible
on Intracoastal lots and platforms must still be completely confined to the envelope shown on Exhibit A. The
Applicant has received approval from the Army Corp of Engineers and the Florida Department of Environmental
Protection. There are no presence of mangroves and aseagrass study was performed.
The Chairman opened the floor for public comments.
Joseph Little, 700 Sandy Point Lane, spoke in favor of the requested waiver.
As there were no further comments from the public, Chairman Cross closed the public comments.
3
Minutes of Village Planning Commission Regular Meeting held onJuly7, 2020
The Planning Commission members discussedwhether the need for this waiver was as a result of an accident or
safety issue; whether there are other options to accomplish the samegoal without needing a waiver; whether the
recommendation was for awaiveror an amendment to the PUD; whether the proposed dock will extend into the
intracoastal waterway or towards the seawall;
Motion: Mr. Hogarthmoved torecommend to Village Council to approve the Amendment to the PUD as
proposed, limiting the approval to the proposed strikethrough and underlined wordingof ExhibitA, not to
construe that dock plans are approved.Ms.Rainaldiseconded the motion.The Motion passed 7–0.
D.ORDINANCES
1.ORDINANCE NO. 2020-_____
An Ordinance of the Village Council of the Village of North Palm Beach, Florida, amending
the Village’s Land Development Regulations for the implementation of the Citizen’s Master
Plan.
Village Manager Lukasik presented the history and process of developing the Citizen’s Master Plan.He provided
information how the process started in 2016 with community meetings and the Charrette meetings, and Dover
Kohl held workshops for residents. After two years of discussions and re-writes, the Code update is ready for the
adoption process.
Jason King, Dover, Kohl & Partners, presented the Citizen’s Master Plan Report.He discussed the key
recommendations of the Master Plan, 1. Redefining US 1by calming the corridor by reducing the roadway form
six lanes to four lanes; beautifying the corridor by repurposing asphalt into a new streetscape design; balancing
the mobility by designing the roadway for asuperior pedestrian and bicycle environmental; 2.Creation of the
Form-Based Codeto ensure private redevelopment complements public investments and contributesto realizing
the vision; respond to market forces; establish predictability in the built environment and the approval process;
maximize the waterfront; and provide incentives for desired patterns and forms of development. According to
the Form-Based CodeInstitute, “A form-based code is a land development regulation that fosters predictable built
results and high-quality public realm by using physical form (rather than separation of uses) as the organizing
principle for the code. A form-based code is a regulation, not a mere guideline, adopted into city, town, or county
law.” The Master Plan had several recommendations to implement into a form-based code along the Village’s
commercial corridors, including:Allowing (but not requiring) mixed-use development;Allowing a market rate
density up to 24 units per acre;Focusing less on uses;Ensuring a predictable built environment;Allowing
parking to be replaced by liner buildings in large parking lots;Requiring consistent landscape design along the
commercial corridors; andStreamlining the approval process for development that meets the code.
Bill Spikowski, Spikowski Planning Associates, was also present to discuss the Citizen’sMaster Plan Report. He
presented information regarding new parking requirements along U.S. 1;the plan for building heights along U.S.
1;changes for Northlake Blvd (NBOZ);NBOZ would become a new zoning district;new waiver process for
certain standards similar to a PUD process;addition of a pedestrian walkway to the Earman River;applying
NBOZ landscape rules village-wide, key redevelopment sites (Crystal Cove Commons, Camelot and U.S. 1 at
Shore Ct.); Creation of building frontage types and form-based development standards for new buildings.
Establishment of a path for properties in the C-MU and C-NB to be granted waivers by the Planning Commission
4
Minutes of Village Planning Commission Regular Meeting held onJuly7, 2020
during the site plan approval process; and Increase in maximum residential density to 24 units per acre in
commercial zoning districts.
Mr. Hubschpresented theadditional changes madesince the January meeting.Changes include reduced off-site
parking distance from ¼ mile to 500 feet; ability for restaurants to count one public boat slip as one parking space;
allow rooftop lounges, pools, and restaurants in the CMU district; and requireprojects that are granted waivers
provide a public benefit, including, but not limited to: high-quality architectural design, pedestrian amenities, no
cost dedication of rights-of-way, construction of public parking, public art or other improvements adjacent to the
property, preservation of environmentally-sensitive lands, provision of public parks and/or open spaces, or mixed
uses which reduce impacts on village services.
The Planning Commission comments include the burden placed on the Planning Commission in approving the
set backs on US 1; why the building height issue is only addressed on U.S. 1 between Parker Bridge and Northlake
Blvd.; concern regarding density along US 1 and the possibility of a linear look along US 1; concern about canopy
trees along the sidewalk for pedestrians and impact of the power lines;
The Chairman opened the floor for public comments.
As there were no comments from the public, Chairman Cross closed the public comments.
Motion: Mr. Solodarmoved to recommend to Village Council to approve the amending of the Village’s Land
Development Regulations for the implementation of the Citizen’s Master Plan.Ms.Rainaldi seconded the
motion.The Motion passed 7–0.
2.ORDINANCE NO. 2020-_____
An ordinance of the Village Council of the Village of North Palm Beach, Florida, amending
the Village of North Palm Beach Comprehensive Plan to implement the Citizen’sMaster Plan
and address the village’s commercial corridors; amending the future land use element,the
transportation element and the capital improvements element.
Motion: Mr. Solodar moved to recommend to Village Council to approve the amending of theVillage of North
Palm Beach Comprehensive Plan to implement the Citizen’s Master Plan and address the village’s commercial
corridors; amending the future land use element, the transportation element and the capital improvements element.
Ms.DeWitt seconded the motion.The Motion passed 7–0.
V.ADMINISTRATIONMATTERS
A. Staff Updates:None
B.Commission Member Comments:
The Lakeside Park parking lot is constantly full of vehicles and not everyone is a Village
resident. Seems unfair to the Village residents who want to use thepark and cannot.Chairman
Cross asked that this topic be revisited at a future meeting, possibly August.
5
Minutes of Village Planning Commission Regular Meeting held onJuly7, 2020
Recommendation to advertise the Zoom meetings on Facebook and the website to encourage
more residents to participate. Mr. Hubsch advised that the meetings are being advertised on
the Villages social media sites.
Status ofPlanning Commission Board elections. Mr. Rubin advised that due to the COVID
restrictions, Council has not made any appointments to the Village Boards, typically in May,
and therefore each Board is in a “holding” pattern until further notice.
VI.ADJOURNMENT
With there being no further business to come before the Board, the meeting adjourned at9:22PM.
Minutes typed by Jane Lerner
6
Village of North Palm Beach
Recreation Advisory Board
Minutes from the July 14, 2020 Meeting
CALL TO ORDER:
Chairman Maria Cassidy called the meeting to order at 7:00 PM.
ROLL CALL:
Maria Cassidy, Chair
Bob Bell
Tim Hullihan
Don Grill
Chris Cantwell, Vice Chair
Mia St. John – Excused Absent
Paul Beach
Village Council Representative – Vice Mayor Mark Mullinix
Stephen Poh, Director of Parks and Recreation
APPROVAL OF MINUTES:
Bob Bell made a motion to approve the minutes; seconded by Don Grill. The motion passed 6-0.
PUBLIC COMMENT:
No Public Comment.
DIRECTOR’S REPORT:
Stephen updated the Board on several park projects. At Lakeside, the trash can replacement project is in
progress with the help of Public Works. He showed the Board a picture of the new solar compactor that
will be placed next to the pavilion. At the Community Center, Stephen is working with Public Works on
repairing rusted-out metal brackets on the outside pavilion area. He has received one quote, but is
waiting for Public Works’ input. Finally, at Osborne Park, two batting cages have been repaired with new
netting.
Stephen asked the Board if they wanted to postpone or cancel the Fishing Tournament scheduled for
Saturday, August 8th. After discussion, the Board decided to postpone the tournament with a date yet to
be determined. Stephen will send out a notice on social media and email the vendors.
NEW BUSINESS:
Stephen explained the Parks and Recreation Needs Assessment RFQ, which includes the pool
and tennis facilities. He included the proposed schedule for choosing a company from the seven
7) bids received.
Stephen notified the Board that Mary Romero, Recreation Supervisor at the Community Center,
had resigned her position and her last day was July 2, 2020. HR posted the available positon and
applications will be reviewed the week of July 20th.
Stephen asked for the Board’s thoughts on making Lakeside Park parking for residents only. The
Village Manager is considering this because of multiple issues with parking and trash throughout
the park. Stephen and Andy would work on some proposals for Council to discuss.
OLD BUSINESS:
Stephen updated the Board on current COVID-19 park restrictions. Currently, only playgrounds
and outdoor fitness areas are still closed.
Stephen gave an update on the Advisory Board interviews, which has been pushed back to the
August 13th Council meeting.
Stephen notified the Board that a certified letter was sent to John Baker, who has a fenced off
portion at the Community Center for RC recreation, was refused. In doing so, the Village
Manager directed Stephen to have Public Works remove all items in that area. Public Works has
it scheduled soon for removal.
Stephen also gave an update on the Dry Storage project. Russ Ruskay is bringing a proposal from
the Village engineer to Council on July 23rd to provide professional engineering services for the
project. Stephen let the Board know that once approved, Russ will bring all items to the
Recreation Board for their valuable input on the functional components.
BOARD MEMBER COMMENTS:
Bob Bell and Don Grill spoke about the upcoming fishing tournament, wanting to postpone to a
later date. All Board members were in agreement.
Tim Hullihan spoke about the dry storage project and asked why we are using our Village
engineer and not a planner. Stephen and Vice Mayor Mullinix both commented that there will
be sub-contractors underneath the umbrella of the Village engineer, which will include a planner
and landscaper. Stephen stated that Russ Ruskay would be able to discuss and give more details
about this project.
Bob Bell spoke about making Lakeside Park “residents only.” He suggested closing the parking
lot or removing the parking lot and making it a passive park. Residents can ride their bike or
walk to get to the park. The other option he suggested was giving out a sticker to residents to
park in the parking lot just like the boat ramp.
Tim Hullihan agreed to making Lakeside parking for only residents. He asked Councilman
Mullinix how much the Village would have to pay back for grants that were received. Mullinix
thought the number was around $40,000. Tim was in agreement to get it done.
Council Member Comments
Councilman Mullinix spoke about the dry storage area stating that Village Engineer Keith Jackson
would be in charge of the project, but have sub-contractors for planning, landscaping and
electrical. He stated that he would follow up with the Village Manager.
Mr. Mullinix was also in favor about making Lakeside parking for residents only. He stated that
there would be some money that the Village would have to pay back to the state for the grants
that were received in the past. These items will be discussed at a later council meeting.
ADJOURNMENT:
Bob Bell made a motion to adjourn the meeting; seconded by Don Grill. Motion passed 6-0. Meeting
adjourned at 7:30 PM.
Minutes respectively submitted by Stephen Poh, Director of Parks and Recreation.