2020-06 Code Amendment - Commercial Land Development RegulationsORDINANCE NO. 2020-06
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING THE VILLAGE'S LAND
DEVELOPMENT REGULATIONS; AMENDING CHAPTER 6, "BUILDINGS
AND BUILDING REGULATIONS," TO ALLOW ENCROACHMENTS IN
EASEMENTS UNDER SPECIFIED CIRCUMSTANCES, MODIFY THE
PROCEDURES APPLICABLE TO APPEARANCE REVIEW AND ADOPT A
SITE PLAN AND APPEARANCE REVIEW PROCEDURE; AMENDING
CHAPTER 17, "LICENSES AND BUSINESS REGULATIONS," TO ALLOW
HOME OCCUPATIONS WITHIN SPECIFIED COMMERCIAL DISTRICTS;
AMENDING CHAPTER 19, "OFFENSES AND MISCELLANEOUS
PROVISIONS," TO REFERENCE MIXED USE ZONING WITHIN THE NOISE
REGULATIONS; AMENDING CHAPTER 21, "PLANNING AND
DEVELOPMENT," TO PROVIDE PUBLIC NOTICE FOR WAIVERS AND
MODIFY PROCEDURAL REQUIREMENTS; AMENDING CHAPTER 27,
"TREES AND SHRUBBERY," TO DELETE ARTICLE III, "LANDSCAPING;"
AMENDING APPENDIX A, "APPEARANCE PLAN," TO RECOGNIZE
CHANGES TO DISTRICT REGULATIONS, ENCOURAGE SPECIFIC
ARCHITECTURAL STYLES AND MODIFY THE CRITERIA; AMENDING
APPENDIX B (CHAPTER 36), "SUBDIVISIONS," TO REMOVE CONFLICTS
WITH NEW ZONING REGULATIONS; AMENDING APPENDIX C
(CHAPTER 45), "ZONING," BY: AMENDING ARTICLE I, "IN GENERAL,"
TO MODIFY THE DEFINITIONS AND CONFLICT PROVISIONS;
AMENDING ARTICLE II, "GENERALLY," TO IDENTIFY CHANGES TO
THE NAMES OF CERTAIN ZONING DISTRICTS AND THE ELIMINATION
OF OTHERS AND MODIFY THE SIMILAR USE AND SPECIAL EXCEPTION
PROCEDURES; AMENDING ARTICLE III, "DISTRICT REGULATIONS," BY
AMENDING SECTION 45-31 TO CHANGE THE NAME OF THE C -A
COMMERCIAL DISTRICT TO THE C -MU US -1 MIXED USE DISTRICT,
MODIFY THE REGULATIONS INCLUDING PERMITTED AND SPECIAL
EXCEPTION USES AND APPLY SUCH REGULATIONS TO ALL
PROPERTIES CURRENTLY ZONED C -A; DELETING SECTION 45-31.1 TO
ELIMINATE THE C -B COMMERCIAL DISTRICT; DELETING SECTION 45-
32 TO ELIMINATE THE C -IA LIMITED COMMERCIAL DISTRICT;
AMENDING SECTION 45-32.1 TO CHANGE THE NAME OF THE C -C
TRANSITIONAL COMMERCIAL DISTRICT TO THE C -T TRANSITIONAL
COMMERCIAL DISTRICT, MODIFY THE REGULATIONS INCLUDING
PERMITTED USES AND APPLY SUCH REGULATIONS TO ALL
PROPERTIES CURRENTLY ZONED C -C; AMENDING SECTION 45-33 TO
CHANGE THE NAME OF THE C-1 NEIGHBORHOOD COMMERCIAL
DISTRICT TO THE C -S SHOPPING DISTRICT, MODIFY THE
REGULATIONS INCLUDING PERMITTED AND SPECIAL EXCEPTION
USES, AND APPLY SUCH REGULATIONS TO ALL PROPERTIES
CURRENTLY ZONED C-1; AMENDING SECTION 45-34 TO CHANGE THE
NAME OF THE COMMERCIAL DISTRICT TO THE C -G GENERAL
COMMERCIAL DISTRICT, MODIFY THE REGULATIONS AND APPLY
SUCH REGULATIONS TO ALL PROPERTIES CURRENTLY ZONED
Page 1 of 44
COMMERCIAL; AMENDING SECTION 45-35.1 TO MODIFY THE
REGULATIONS APPLICABLE TO PLANNED UNIT DEVELOPMENTS;
AMENDING SECTION 45-35.2 TO RENAME THE C -OS CONSERVATION
AND OPEN SPACE DISTRICT TO THE OS CONSERVATION AND OPEN
SPACE DISTRICT; AMENDING SECTION 45-35.3 TO ELIMINATE THE
NORTHLAKE BOULEVARD OVERLAY ZONING DISTRICT AND CREATE
A NEW C -NB NORTHLAKE BOULEVARD COMMERCIAL DISTRICT AND
MODIFY THE REGULATIONS INCLUDING PERMITTED AND SPECIAL
EXCEPTION USES; AMENDING SECTION 45-36 TO REVISE THE OFF-
STREET PARKING REGULATIONS, THE HEIGHT REGULATIONS AND
THE OUTDOOR SEATING REGULATIONS; AMENDING SECTION 45-38
TO MODIFY THE I-1 LIGHT INDUSTRIAL ZONING REGULATIONS
RELATING TO OUTDOOR RUNS AND DOG EXERCISE AREAS;
RENAMING ARTICLE VI, "AMENDMENTS—FEES; WAITING PERIODS,"
TO "REZONINGS; VARIANCES; WAIVERS," AND MODIFYING THE
REGULATIONS APPLICABLE TO REZONINGS AND VARIANCES AND
ADOPTING NEW REGULATIONS FOR WAIVERS WITHIN THE C -MU AND
C -NB ZONING DISTRICTS; AMENDING ARTICLE VII, "NON-
CONFORMING USES OF LAND AND STRUCTURES," TO ALLOW THE
EXTENSION AND ENLARGEMENT OF NON -CONFORMING USES AND
STRUCTURES UNDER SPECIFIED CIRCUMSTANCES; AND ADOPTING A
NEW ARTICLE VIII, "LANDSCAPING," TO MODIFY AND UPDATE THE
CURRENT LANDSCAPING REQUIREMENTS FOR MULTI -FAMILY,
MIXED USE, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS;
UPDATING CROSS-REFERENCES; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, in August 2015, the Village contracted with the Treasure Coast Regional Planning
Council ("TCRPC") to develop a master plan for future infill development and redevelopment
within its corporate limits, as well as a community-based vision for economic growth; and
WHEREAS, from January 30, 2016 through February 5, 2016, TCRPC conducted a week-long
economic development and urban design charrette to assist the Village in accomplishing its goals; and
WHEREAS, working with members of the public and other interested parties, TCRPC created its
report, and through the adoption of Resolution No. 2016-73 on October 27, 2016, the Village
Council formally adopted "The Village of North Palm Beach Citizens' Master Plan Report dated
October 20, 2016" prepared by the TCRPC, including the recommendations contained therein, as
setting forth the guiding principles for future development and redevelopment within the Village; and
WHEREAS, one of the Master Plan's key recommendations is to develop a form -based code for
the Village's commercial corridors, and the Village retained the firm of Dover, Kohl & Partners,
and its consultant, Spikowski Planning Associates, to develop the form -based code for the
Village's commercial zoning districts and
WHEREAS, the Village Council wishes to amend its land development regulations to adopt the
form -based code prepared by the Village's consultants, in addition to certain other revisions
recommended by Village residents, Village Staff, and the Village's advisory boards; and
Page 2 of 44
WHEREAS, on July 7, 2020, the Planning Commission, sitting as the Local Planning Agency,
conducted a public hearing to review this Ordinance and provide a recommendation to the Village
Council; and
WHEREAS, having considered the recommendation of the Planning Commission and conducted
all required advertised public hearings, the Village Council determines that the adoption of this
Ordinance is in the interests of the health, safety and welfare of the residents and citizens of the
Village of North Palm Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein.
Section 2. The Village Council hereby amends Chapter 6, "Buildings and Building
Regulations," of the Village Code of Ordinances to read as follows (additional language is
underlined and deleted language is str-i ke t4 ff,,,,gh :
ARTICLE I. IN GENERAL.
Sec. 6-1. Construction on public land prohibited.
It shall be unlawful for any person to erect or maintain, or to permit the
erection or maintenance of any structure of any kind, including a wall upon, across,
over or under any portion of any publicly dedicated utility or drainage easement
area in the village unless the person has received the written approval of and/or
executed encroachment agreements with all easement holders and received
approval from the village. This prohibition does not apply to sidewalks or paths of
M kind that are lawfully_ placed under overhead wires.
ARTICLE III. APPEARANCE CODE.
DIVISION 1. GENERALLY.
Sec. 6-30. Short title.
This article, including any regulation hereafter adopted, shall hereafter be
known, cited and referred to as the "Appearance Code."
Sec. 6-31. Definition.
The term "external architectural feature" is defined to mean the architectural
style, color and general arrangement of such portion of a building or structures
including signs and accessory structures, as is designed to be open to view from a
public street, place or way, or from adjoining premises.
Page 3 of 44
Sec. 6-32. Intent and purposes.
This appearance code is adopted for the following purposes:
(1) To promote the public health, safety, morals, comfort and general
welfare of the citizens of the village.
(2) To enhance the values of property throughout the village.
(3) To protect and to stabilize the general appearance of public and private
buildings, structures, landscaping., and open areas, in the multiple
dw��o��e1:e and p blie wing distriets_o of village.
(4) To ensure insufe adequate light, air and privacy for property in the
village.
(5) To eneoufage aiid promote acceptability, attractiveness, cohesiveness
and compatibility of new buildings, developments, remodeling and
additions so as to maintain and improve the established standards of
plrope fty values within for multiple -dwelling, commercial, mixed-
use, and industrial buildings. and publie Zofitflg dist- iets of the villa .
Sec. 6-33. Appearance plan.
The village hereby adopts by reference thereto the appearance plan attached
as exhibit A to Ordinance No. 3-72 of the village. The appearance plan is set forth
at length in Appendix A of this Code. The appearance plan will be applied through
the site plan and appearance review process described in this chapter.
Sec. 6-34. Reserved.
Sec. 6-35. Appeals and review.
The applicant or any interested party may file an appeal to the village council
on any final ruling by the planning commission made pursuant to this article. An
appeal shall be on forms provided by the village. The appeal shall be filed or made
within ten (10) days after the decision of the planning commission. Appeals shall
set forth the alleged inconsistency or nonconformity with procedures or criteria set
forth in this article or standards set forth in or pursuant to this article. Appeals filed
pursuant to this section shall be based solely on the record of the proceedings before
the planning commission and the village council shall not conduct_a de novo
review. The village council shall decide an appeal within forty-five (45)
days of the filing of such appeal unless an extension of time is consented to by the
applicant, and such filing shall suspend any building permit issued pursuant to the
ruling of the planning commission until the village council has decided the appeal.
The village council may review any decision of the planning commission issued
pursuant to this article and them council's disposition of the matter shall be final.
Page 4 of 44
Sec. 6-36. Powers and duties of planning commission concerning the
appearance code.
The planning commission shall have the following powers and duties:
(1) To hold public hearings on and make recommendations for amendments
to the appearance plan.
(2) To consult with and cooperate with the planning
and u
zo-ni g l„ au �;r^ry
z v l.vl
beard, the eauti-f eatienemmttee other committees and village
departments, and any other municipal or governmental bodies., on
matters affecting the appearance of the village.
(3) To study exterior design drawings, landscape and site plans and
materials for any proposed public buildings, public works., or other
public improvements and to make recommendations to the council or
village manager as to the architectural or aesthetic aspects thereof.
(4) To study and review preliminary and final plats and make
beafd and the
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recommendations to the f,�,NlT ,(� zoning
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village council.
(5) To hold site plan and appearance review hearings, when required, oil he
,
eenneetien
with —questions
pertaining
to Cpplieati_ns fit buil
i-t,
permits and to issue or deny site plan and appearance approval for
multible-dwelling, commercial, mixed-use, and industrial _. buildings
such nos ifieates pursuant to the provisions of this division and the
appearance plan in Appendix A of this code. sueh seetien 6 :
DIVISION 3. SITE PLAN AND APPEARANCE REVIEW CERTIFICATE
OF APPROPRIATENESS
Sec. 6-56. Application requirements. .
Applications for site plan and/or appearance review must include sufficient
information to demonstrate compliance with all village requirements. Plans must
be professionally prepared and drawn to scale with accurate dimensions, and must
include the following unless waived by the community development director:
The application must be signed by the landowner or must include a
statement signed by an agent, under oath, indicating authorization by
the owner(s) to secure site plan and appearance approval.
A boundary sketch including the total area, dimensions, and legal
description for the property. The community development director may
Page 5 of 44
require a survey if deemed necessary to facilitate review of the
qpplication.
A site plan showingL all proposed improvements, including not limited
to, existing and proposed parking spaces, access aisles, driveways, and
access points to external streets or adjoining properties. The plan shall
show the existing structures and all proposed development, with
sufficient detail as to the size and appearance of all structures and
improvements to indicate compliance with all village requirements and
regulations, includingthe he appearance plan. The plans shall also show
all structures within two hundred (200) feet of the property.
Conceptual civil plans showing_ proposed changes affectingd_ rainage
and utilities. Final civil plans shall be provided during the permitting
process.
Elevations or renderings of proposed structures and landscaping as
required by the community development department.
Landscape plans that comply with section 45-86.
Photometric plans as required by the community development
department.
Written narrative explaining the proposed development and its
consistency with the village appearance plan, village code, and village
comprehensive plan.
Other relevant information as requested by the community development
department.
Page 6 of 44
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Sec. 6-57. Final Site Plan and Appearance Hearings.
Upon filing of an complete application for site plan and appearance approval
building pe emit for a multifamily., of commercial, mixed-use, or industrial building
or structure, the community development department shall schedule the application
for a hearing before the planning commission. The
faet that an
.win heat;„n, for-
eeAifieate of teness has been filed shall not be eaese for the eemmunity
depaftment to delay the review of plans r -elating to the building and
aspeets ofthe pfejeet, -while the applioation is pending. The planning
commission shall establish regularly scheduled mepAhly meetings at which to
review all site plan and appearance applications. z Asea tions sha4be submitted at
meetings.least fotR4een (14) days prior- to the sehedi-iled monthly meetings, or as Othef
deter -mined by the eommunity development dir-eeter, in order- to be eensidere
monthly meeting, w-hieh shall be submitted to all members of the planning
eenmnission at least five (5) days prior- to the seheduled monthly The
community development department shall fid notify each applicant of the date
and time of a hearing on h�s the application, in Nwiting, w-hiElnotiee shall be n,-,.,;'o,�
,,, io„s, five (cj ate.,- Y -X fn ol,e 1 ea f n g. If the application includes a request for
T4 A- t Ll 11V Wl 111
a special exception (section 45-16.2), variance (section 45-50), or waiver (section
45-51), the hearingL shall be considered a formal public hearing and notice shall be
provided in accordance with section 21-3. Upon such hearing, the planning
commission shall consider the application for building
permi site plan and
appearance approval and any related requests for special exceptions, variances, or
waivers and may review reeeive additional evidence (such as the exterior
renderings) from the applicant or his the applicant's agent or attorney. The planning
commission shall consider reports and testimony and from village staff, the
applicant, and of other persons as to whether the site plan and external architectural
features of the proposed building or structure comply with the appearance plan and
meet all applicable village land development regulations.
Sec. 6-58. Action of planning commission.
Upon consideration of an application, the planning commission shall issue
site plan and appearance approval a eerti fie to of appropriateness to the eemm,..Y.n ity
VL 1.i 11V W{.V V1 W4./ Vi V V11..4 a.viivuu .ry ..aiv vv
deyel ^' "''' ei# de nt upon a finding that the plan conforms to the village
appearance plan and other applicable land development regulations. This approval
may contain special conditions in response to unusual aspects of the application or
to ensure that the approval carries out village policies and codes without undue
permitting delays. and that the buildino�� ��etur-e is µA -L A 1. to to, an
1
eempatible with, the eha-raetef of the immediate neighbor -hood a -Rd will not eause -a
s„ b sta-P 4 ,aepreeiati ,,, ;n, n . hi4y valtte� If the planning commission determines
hi4y Y Wl WVu•
that these criteria are not met, the planning commission may sha4 provide such
advice, counsel, suggestions and recommendations on matters peftaining
aestheties as it may deem necessary to guide the prospective applicant in the
development of a plan which would comply with the requirements and purposes of
the appearance plan and other village land development regulations. ifpreliminary
Page 7 of 44
Sec. 6-59. Approval by planning commission.
cats -Of-to less "on
No building or other permit;
otherwise required under the ordinances of the village; fefthe ereetien,
eet n1Tifnt�ilnZLTor publ e zoning dist-fie shall be approved by the community
development director except upon the granting of site plan and appearance approval
a eerl-i fieate of r.rr.ri rterse s by the planning commission, or on appeal, approval
by the village council (see section 6-35). The foregoing requirements shall not
preclude the issuance of a building permits without such aqpproval eei4i ^a* -e if the
community development director sha44 determine that any of the following apply:
The permits are for a single-family dwelling and/or normal accessory
buildings or structures on the same lot; or
Q The permits are for a village -owned facility; or
No external architectural feature as defined in section 6-31 is involved
in the work for which the big permit is sought, and the proposed
work would be in full compliance with all requirements of this code; or:
Any deviations from a valid site plan and appearance approval are minor
and not substantial or had been authorized by conditions placed on the
site plan and appearance approval. Unless authorized by prior
conditions, the following types of deviations may never be considered
minor or not substantial: increasing residential density; increasing the
horizontal or vertical size of a building; and/or adding land uses that had
previously been excluded. The director must document any
determination with an explanation of why is was deemed minor or had
been authorized. The director must forward this determination to the
planning commission, and also to the village council if the site plan and
appearance approval had been appealed to or considered by the village
council.
Sec. 6-60. Follow-up by community development department.
Upon the granting of site plan and appearance approval, aeeftifzete—e=
appropriateness,the community development director will retain the exterior
drawings, sketches, landscape and site plans, renderings and materials upon which
such approval eert f' eat- was granted shall be tufned ever—to—the
development depa-ent whose responsibility it shall to determine, from time to
Page 8 of 44
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Sec. 6-59. Approval by planning commission.
cats -Of-to less "on
No building or other permit;
otherwise required under the ordinances of the village; fefthe ereetien,
eet n1Tifnt�ilnZLTor publ e zoning dist-fie shall be approved by the community
development director except upon the granting of site plan and appearance approval
a eerl-i fieate of r.rr.ri rterse s by the planning commission, or on appeal, approval
by the village council (see section 6-35). The foregoing requirements shall not
preclude the issuance of a building permits without such aqpproval eei4i ^a* -e if the
community development director sha44 determine that any of the following apply:
The permits are for a single-family dwelling and/or normal accessory
buildings or structures on the same lot; or
Q The permits are for a village -owned facility; or
No external architectural feature as defined in section 6-31 is involved
in the work for which the big permit is sought, and the proposed
work would be in full compliance with all requirements of this code; or:
Any deviations from a valid site plan and appearance approval are minor
and not substantial or had been authorized by conditions placed on the
site plan and appearance approval. Unless authorized by prior
conditions, the following types of deviations may never be considered
minor or not substantial: increasing residential density; increasing the
horizontal or vertical size of a building; and/or adding land uses that had
previously been excluded. The director must document any
determination with an explanation of why is was deemed minor or had
been authorized. The director must forward this determination to the
planning commission, and also to the village council if the site plan and
appearance approval had been appealed to or considered by the village
council.
Sec. 6-60. Follow-up by community development department.
Upon the granting of site plan and appearance approval, aeeftifzete—e=
appropriateness,the community development director will retain the exterior
drawings, sketches, landscape and site plans, renderings and materials upon which
such approval eert f' eat- was granted shall be tufned ever—to—the
development depa-ent whose responsibility it shall to determine, from time to
Page 8 of 44
time as the project is in progress and finally upon its completion, that there have
been no unauthorized deviations from the evidence upon which the granting of the
approval eertifieate apprepr4aten was originally based. The community
development department shall not issue a certificate of occupancy or final
inspection approval for any building or structure where there have been any
unauthorized deviations from the site plan and appearance approval.
Section 3. The Village Council hereby amends Chapter 17, "Licenses and Miscellaneous
Business Regulations," of the Village Code of Ordinances by amending Article I to read as follows
(additional language is underlined and deleted language is strie a +4^ug ):
ARTICLE I. IN GENERAL
Sec. 17-3. Home occupations.
(a) Home occupations as permitted uses. Home occupations shall be
permitted uses within R-1 Single-family Dwelling District, R-2
Multiple -family Dwelling District_, and R-3 Apartment Dwelling
District, C -MU and C-3 mixed-use districts, and mixed-use
Residential/Commercial PUDs.
Section 4. The Village Council hereby amends Chapter 19, "Offenses and Miscellaneous
Provisions," of the Village Code of Ordinances by amending Article VI to read as follows
(additional language is underlined and deleted language is s rieke #ff,.,,.,h :
ARTICLE VI. NOISE CONTROL
See. 19-99. Definitions.
For the purposes of this article, whenever any of the following words, terms
or definitions are used herein they shall have the meanings ascribed to them in this
section except where the context requires otherwise:
Unreasonable noise means any noise in or emanating from any property
located within the corporate limits of village which violates the provisions of
this article.
(a) For noise emanating from property with a commercial, mixed-use, or
light industrial zoning designation, unreasonable noise shall be defined
as any noise emanating from the property which equals or excess a
measured sound level of sixty-five (65) dBA between the hours of 10:00
p.m. and 8:00 a.m. Sunday through Thursday, a measured sound level
in excess of eighty-five (85) dBA between the hours of 8:00 a.m. and
10:00 p.m. Sunday through Thursday; and a measured sound level
which equals or exceeds sixty-five (65) dBA between the hours of 11:00
Page 9 of 44
p.m. and 8:00 a.m. Friday through Saturday and a measured sound level
meeting or exceeding eighty-five (85) dBA between the hours of 8:00
a.m. and 11:00 p.m. Friday through Saturday.
(b) For noise emanating from property with a commercial, mixed-use, or
light industrial zoning designation which shares any portion of its
boundary with a property with a residential zoning designation,
unreasonable noise shall be defined as any noise emanating from the
property which equals or exceeds a measured sound level of sixty (60)
dBA between the hours of 10:00 p.m. and 8:00 a.m. Sunday through
Thursday, a measured sound level in excess of seventy (70) dBA
between the hours of 8:00 a.m. and 10:00 p.m. Sunday through
Thursday; and a measured sound level which equals or exceeds sixty
(60) dBA between the hours of 11:00 p.m. and 8:00 a.m. Friday through
Saturday and a measured sound level meeting or exceeding seventy (70)
dBA between the hours of 8:00 a.m. and 11:00 p.m. Friday through
Saturday.
(c) For noise emanating from property with a residential zoning
designation, unreasonable noise shall be defined as noise that is plainly
audible one hundred and fifty (15 0) feet from the property boundary of
the source of the sound or noise, measured on a horizontal plane.
Notwithstanding the foregoing, noise shall be considered unreasonable
when it is plainly audible through the external walls and fully closed
windows and doors of a residential structure or through walls, floors or
partitions common to two (2) residential units located within a single
structure.
(d) Noise shall be measured from the property boundary closest to the
source of noise with a sixty (60) second reading. Where the property
boundary abuts a waterway, the property boundary shall be considered
the opposite side of the waterway and not the actual seawall or bulkhead.
Section 5. The Village Council hereby amends Chapter 21, "Planning and Development," of
the Village Code of Ordinances to read as follows (additional language is underlined and deleted
language is die ):
ARTICLE I. IN GENERAL
Sec. 21-3. Public notice requirements for development applications and
approvals.
(a) Requirements. In addition to those requirements imposed by state law, public
notice shall be provided as set forth below:
Page 10 of 44
* Number of calendar days prior to date of the first required public hearing.
* * The notice requirements for variances shall include all variances relating to the zoning code
(Chapter 45), the dock and waterway regulations (Chapter 5), and the sign regulations (Chapter
6).
* * * The notice reauirements for waivers shall apply only to waivers requested pursuant to section
45-51 (Chapter 45).
(b) Mailing requirements.
(1) Contents. Unless otherwise required herein, mail notice of a public
hearing shall contain the following information:
a. Title and substance of proposed ordinance or development order;
b. Time, date and location of the public hearing;
C. Location of the property affected by the application with reference
to the nearest intersection of two (2) or more streets;
d. Name, address and telephone number of the office where
additional information can be obtained; and
Page 11 of 44
Planning
Commission/LPA/
Village Council
Zoning Board of
Adjustment
Mail*
-
News-
Post*
Mail*
Newspaper
Post*
paper
Rezoning
10
7 _F_15
10
Statutory notice
15
for ordinance adoption
Large-scale
10
7
15
10
Statutory notice
15
Comprehensive
for ordinance adoption
Plan Amendment
Small-scale
10
7
15
10
Statutory notice
15
Comprehensive
for ordinance adoption
Plan Amendment
Variance**
7
7
10
N/A
N/A
N/A
Waiver***
7
7
10
10
7
15
Planned Unit
10
7
15
10
Statutory notice
15
Development
for ordinance adoption
Special
7
7
10
10
Notice of public hearing 7
15
Exception Use
4-0
4-5
days prior to hearing or
statutory notice for
ordinance adoption
(if within a PUD)
* Number of calendar days prior to date of the first required public hearing.
* * The notice requirements for variances shall include all variances relating to the zoning code
(Chapter 45), the dock and waterway regulations (Chapter 5), and the sign regulations (Chapter
6).
* * * The notice reauirements for waivers shall apply only to waivers requested pursuant to section
45-51 (Chapter 45).
(b) Mailing requirements.
(1) Contents. Unless otherwise required herein, mail notice of a public
hearing shall contain the following information:
a. Title and substance of proposed ordinance or development order;
b. Time, date and location of the public hearing;
C. Location of the property affected by the application with reference
to the nearest intersection of two (2) or more streets;
d. Name, address and telephone number of the office where
additional information can be obtained; and
Page 11 of 44
e. Location and times where proposed ordinance or development
order application may be reviewed.
(2) All notices shall be provided by first-class mail, unless otherwise
required by community development director. Mail notice shall be
postmarked no later than the minimum number of calendar days as
required in subsection (a) above.
(3) Mail for all privately initiated applications shall be provided to all
property owners of record, excluding property owned by the applicant,
within five hundred (500) feet of the property to which the development
order application or amendment relates.
(4) The list of property owners shall be derived from the most recent official
tax roll of Palm Beach County. The applicant shall provide an affidavit
attesting to the completeness and accuracy of the property owner's list.
(5) The applicant shall provide and mail all required notices, and provide
an affidavit that notice was sent to all property owners included in the
property owner's list.
(c) Posting requirements.
(1) The applicant shall provide the signs, subject to the criteria for size and
contents established by the community development director.
(2) The applicant shall install the signs in a workmanlike manner. All signs
should be installed so as to withstand normal weather events.
(3) The applicant shall post one (1) sign per five hundred (500) feet of lineal
right-of-way, with a minimum of one (1) sign per frontage.
(4) The applicant shall provide, at least three (3) days prior to the public
hearing, a photograph of the sign and an affidavit attesting to the date of
installation and the number of signs.
(d) Newspaper requirements. The applicant shall be responsible for all costs
associated with newspaper advertisements.
ARTICLE II. PLANNING COMMISSION
Sec. 21-11. Composition; conduct generally.
(d) Powers, duties. The planning commission shall have the following powers
and duties:
Page 12 of 44
(1) Perform any duties which lawfully may be assigned to it by the village
council.
(2) Perform any other duties which may be assigned to it under this Code.
(3) The planning commission of the village is hereby designated as the
governmental entity to act as the "local planning agency" in accordance
with chapter 163, Florida Statutes.
(4) The planning commission shall serve as the village's board of
adjustment to consider variances and administrative appeals.
The planning commission has additional duties that include site plan
and appearance review (see sections 6-30 through 6-60); the
responsibility to make recommendations on special exceptions (see
section 45-16.2); and the authority to gpprove waivers on land in the C-
MU and C -NB zoning districts only (see section 45-51).
Sec. 21-12. - Changes to zoning ordinances.
(a) The village council may amend or supplement the regulations and districts
established by this code after receiving fixedby / . g or- inanee adopted
p rcninPA to this ant i1^V Wl vVye fp ne t GomrrAhensiye�Planning and L W1µ
Development Regulation neo a�ftef roforra� ar,a the recommendations of the
ZT�i V'mil'P�S�IVT1lZ'T1 �. f W1�.V1 a vi.vii wi wii�s
planning commission. Proposed changes may be suggested by the village
council or the village manager. Changes to zoning district boundaries may be
requested in accordance with section 45-49. , by the planning„^mm . R .,r
(b) The planning commission, regardless of the source of the proposed change,
shall hold a public hearing or hearings thereon, with due public notice, but
shall in any case, if any change is to be considered by the planning
commission, submit in writing its recommendations on the proposed change
to the village council for official action. The village council shall hold a public
hearing thereon, with due public notice, if any change is to be considered and
shall then act on the proposed change. If the recommendation of the planning
commission is adverse to the proposed change, such change shall not become
effective except by an affirmative vote of a majority of the entire membership
of the village council, after due public notice.
Section 6. The Village Council hereby amends Chapter 27, "Trees and Shrubbery,” of the
Village Code of Ordinances to delete Article III, "Landscaping," in its entirety and amend Article
II, "Trees in Swale Areas," as follows (additional language is underlined and deleted language is
st-Fi i.ke tI ffou h :
Page 13 of 44
Sec. 27-18. Variety and location.
(b) Swale trees shall be planted so as not to impede the flow and storage of
storm water. Swale trees shall be planted and maintained to provide safe
sight distances in accordance with section 27 66 45-90.C. Incidental
plantings of flowers may be planted and maintained without permit subject
to the same criteria described herein.
Section 7. The Village Council hereby amends Appendix A, "Appearance Plan," of the
Village Code of Ordinances to read as follows (additional language is underlined and deleted
language is stfie):
SECTION I – BASIS FOR THE APPEARANCE PLAN
The North Palm Beach Village Council adopted an Appearance
Ordinance., Number 4-71, on May 27, 1971. This Ordinance provided for the
appointment of an Appearance Board which would concern itself with and act in
matters affecting the physical appearance of designated areas.
The Board was empowered to develop an Appearance Plan to serve as
standards or guidelines for physical developments in the village. The Plan as
amended, following public hearings, was adopted by the North Palm Beach Village
Council, by Ordinance Number 3-72, dated 10 Feb. 1972.
The Appearance Plan,
is will be administered through the Office of the North Palm Beach director of
community development. In 1977, the Planning Commission began serving as;
the Appearance Board and continues to act aefing upon matters relating to
appearance as authorized by the Appearance Plan and Code.
SECTION III – AREAS OF JURISDICTION
AREAS AND ELEMENTS UNDER JURISDICTION
The jurisdictional areas of the Appearance Plan Beed are all areas within the
Village of North Palm Beach that are zoned:
R_-1 SINGLE-FAMILY DWELLING DISTRICT — Applies to all usages
except single family and their normal accessory buildings
R-2 MULTIPLE -FAMILY DWELLING DISTRICT
Page 14 of 44
R-3 APARTMENT DWELLING DISTRICT
C -MU C -A US -1 MIXED-USE COMMERCIAL DISTRICT
C -T C—G TRANSITIONAL COMMERCIAL DISTRICT
C -S SHOPPING COMMERCIAL DISTRICT
C -G GENERAL G2 AUTON40TIVE COMMERCIAL DISTRICT
C-3 REGIONAL MIXED-USE PUBLIC C DISTRICT
P PUBLIC DISTRICT
OS G 09 CONSERVATION AND OPEN SPACE
I-1 LIGHT INDUSTRIAL DISTRICT
C-NBOZ NORTHLAKE BOULEVARD COMMERCIAL
OVERLAY v ZONIN DISTRICT
SECTION IV - CRITERIA FOR APPEARANCE
The purpose of these criteria is to establish a checklist of those items which
affect the physical aspect of the village environment. Pertinent to appearance is the
design of the site, building and structures, planting, signs, street hardware, and
miscellaneous other objects which are observed by the public.
These criteria are not intended to restrict imagination, innovation, or variety,
but rather to assist in focusing on design principles which can result in creative
solutions that will develop a satisfactory visual appearance within the village.
A. RELATIONSHIP OF BUILDINGS TO SITE
1. The site shall be planned to accomplish a desirable connection *Name
with the streetscape, and to provide for adequate planting, pedestrian movement,
and parking areas.
2. Site planning in which setbacks and yards are in excess of zoning
restrictions is encouraged where such increases are permitted by the zoning code to
provide an interesting relationship between buildings. In zoning districts where a
build -to line is used in lieu of front setbacks, building facades must be placed within
those build -to zones unless a waiver is obtained from the build -to requirements.
Page 15 of 44
3. Parking areas shall be concealed where required by the zoning code or
treated with decorative elements, building wall extensions, plantings, berms or
other innovative means so as to largely screen parking areas from view from public
ways and adjoining properties.
4. The height and scale of each building shall be compatible with its site and
adjoining buildings except where redevelopment at higher intensities is anticipated
in a particular zoning district.
5. Newly installed utility services, and service revisions necessitated by
exterior alterations, shall be underground.
6. In relating buildings to site, the provisions of the Zoning Ordinance in
regard to bulk regulations, standards, and off-street parking shall be part of this
criteria. This shall also apply to subsection B which follows.
B. RELATIONSHIP OF BUILDING AND SITE TO ADJOINING AREA
1. Adjacent buildings of different architectural styles or characteristics may
sh44 be made more compatible by such means as screens, site breaks, and materials.
2. Attractive landscape transitions to adjoining properties are encouraged.
sib be preyided -
3. Harmony in texture, lines, and masses is required. Monotony shall be
avoided.
4. Buildings shall have similar scale to those in the surrounding area except
where redevelopment at higher intensities is anticipated in a particular zoning
district.
D. BUILDING DESIGN
1. Specific architectural styles are i -s not restrietea mandated or banned, but
the village encourages new buildings to reflect or evolve the distinct local character
exemplified by the North Palm Beach Country Club Clubhouse, Village Hall and
the Public Safety Building. This character is derived from local and regional
examples including Anglo -Caribbean architecture, Florida vernacular, and
masonry modern.
2. Evaluation of appearance of a project shall be based on quality of its
design and relationship to surroundings.
3. 2-. Buildings shall have good scale and be in harmonious conformance
with permanent neighboring development.
Page 16 of 44
4. -3-. Materials shall have good architectural character and shall be selected
for harmony of the building with adjoining buildings.
a. Materials shall be selected for suitability to the type of buildings and
the design in which they are used. Buildings shall have the same
materials, or those which are architecturally harmonious, used for all
building walls and other exterior building components wholly or
partly visible from public ways and adjoining properties.
b. Inappropriate materials and methods, and those which will produce
inconsistency with the structure of the building, shall be avoided.
c. Materials shall be of durable quality.
d. In any design in which the structural frame is exposed to view, the
structural materials shall meet the other criteria for materials.
5. 4- Building components—such as windows, doors, eaves, and parapets—
shall have good proportions and relationship to one another.
6. The village discourages walls without windows or with too few windows;
all -glass walls; and facades without visual interest or with entrances that are
concealed or absent.
7. -5-. Colors shall be harmonious, with bright or brilliant colors used only for
accent.
8. 6. Mechanical equipment or other utility hardware on roof, ground, or
buildings shall be screened from public view with materials harmonious with the
building, or they shall be located so as not to be visible from any public ways,
including waterways, service alleys, and adjoining properties.
9. -7-. Exterior lighting shall be part of the architectural concept. Fixtures,
standards and all exposed accessories shall be harmonious with building design.
10. 8-. Refuse and waste removal areas, service yards, storage yards, and
exterior work areas shall be screened from public ways, including waterways,
service alleys, and adjoining properties, using materials as stated in criteria for
equipment screening.
11. 9-. Monotony of design in single or multiple building projects shall be
avoided. Variation of detail, form, and siting shall be used to provide visual interest.
In multiple building projects, variable siting or individual buildings may be used to
prevent a monotonous appearance.
12. 4-0: Inappropriate, incompatible, bizarre, and exotic designs shall be
avoided.
Page 17 of 44
13. 44-. The provisions of the North Palm Beach Village Code in regard to
bulk regulations and standards, and those portions of the Village Code which
directly affect appearance, shall be part of the criteria of this subsection.
Section 8. The Village Council hereby amends Appendix B (Chapter 36), "Subdivisions," of
the Village Code of Ordinances to read as follows (additional language is underlined and deleted
language is s*fieke tluo gh :
ARTICLE III. DESIGN STANDARDS
Sec. 36-18. Lots and blocks.
Lots and blocks shall be designed according to acceptable practice for the type
of development and use contemplated so as to be aesthetically acceptable; in
keeping with the topography and other site conditions and to provide adequate
traffic and utility access and circulation; acceptable use of space; provide privacy,
adequate drainage and protection of property.
(1) Lot size. The lot size, width, depth, shape and orientation, and the minimum
building setback lines shall be appropriate for the location of the subdivision
and for the type of development and use contemplated. Lot dimensions and
a44 building setback lines shall meet all standards for the applicable zoning
district. not be less than the minimum standards established in the
(2) Reserved. 4?esidenee-lot -, nii*-
(3) Access. Each lot, for-
a minimum tage distanee-of fifty seven (57) foot,
shall abut on a public street. Lots may not be configured so that the portion
fronting on a uublic street is a narrow extension of the lot arimarily for
vehicular or pedestrian access. This requirement shall not be construed to
prohibit private streets within developments where the land remains under
one ownership. The subdivision shall be so designed that remnants and land-
locked areas shall not be created.
Page 18 of 44
..
-. -.
-
-
- - ..
.A
WAN
(3) Access. Each lot, for-
a minimum tage distanee-of fifty seven (57) foot,
shall abut on a public street. Lots may not be configured so that the portion
fronting on a uublic street is a narrow extension of the lot arimarily for
vehicular or pedestrian access. This requirement shall not be construed to
prohibit private streets within developments where the land remains under
one ownership. The subdivision shall be so designed that remnants and land-
locked areas shall not be created.
Page 18 of 44
(4) Lot lines. Side lot lines shall be, as nearly as practical, at right angles to
straight street lines and radial to curved street lines. No lot shall be divided by
a municipal boundary.
(5) Double frontage lots. Double frontage, and reverse frontage lots, shall be
avoided except where essential to provide separation of residential
development from traffic arteries or to overcome specific disadvantages of
topography and orientation. A planting screen easement of at least twenty (20)
feet, and across which there shall be no right of vehicular access, shall be
provided along the line of lots abutting such traffic artery or other
inharmonious use.
(6) Block lengths. Block lengths shall not exceed fourteen hundred (1400) feet
or be less than three hundred (300) feet, as measured between center lines of
bounding streets. See section 36-19(16) for streets ending in culs-de-sac.
Sec. 36-19. Streets.
The arrangement, character, extent, width, grade and location of all streets
shall conform to the comprehensive plan now in existence or as may hereafter be
adopted, and shall be considered in their relation to existing and planned streets, to
topographical conditions, to public convenience and safety, and in their appropriate
relation to the proposed uses of the land to be served by such streets.
Where such is not shown in the comprehensive plan now in existence or as
may be hereafter adopted, the arrangement of streets in a subdivision shall either:
(a) Provide for the continuation or appropriate projection of existing major streets
in surrounding areas, or (b) conform to a plan for the neighborhood or be aligned
to meet a particular situation where topographical or other conditions make
continuance or conformance to existing streets impracticable.
All streets to be established within a subdivision shall meet the following
minimum design standards:
(5) Minimum street design specifications. All streets to be established in a
subdivision shall be designed in accordance with the following minimum
specifications:
Page 19 of 44
Collector
Local
Marginal
Street
Street
Access
Minimum right-
80 ft.
60 ft.
40 ft.
of- w a
Percent grade of
roadway center
0.30%
0.30%
0.30%
line (minimum):
Geometric design shall comply with the latest AASHTO requirements,.
or as specified in zoning district standards.
Page 19 of 44
ARTICLE IV. REQUIRED IMPROVEMENTS
Sec. 36-29. - Sidewalks.
A system of sidewalks shall be provided by the subdivider to provide for safe
movement of pedestrians separate from motor vehicle traffic. Except as provided
below, sidewalks shall be provided along both sides of all streets, and along all
streets where adjacent land is zoned or otherwise designated to be used for multiple -
family dwelling purposes or for mixed-use, commercial, and/or office purposes. As
an alternative, and as approved by the village council, sidewalks in residential areas
may be provided within common open areas.
Sidewalks shall be constructed per standards established by chapter [24],
village Code.
Section 9. The Village Council hereby amends Appendix C (Chapter 45), "Zoning," of the
Village Code of Ordinances by amending Section 45-2, "Definitions," of Article I, "In General,"
to read as follows (additional language is underlined and deleted language is strieke t1 roug ):
Sec. 45-2. Definitions.
For the purpose of this code efdinanee, certain words and terms are defined
as follows:
Dwelling unit is a single unit providing complete, independent living facilities
for one (1) or more persons including permanent provisions for living, sleeping,
eating, cooking and sanitation. For purposes of computing residential density in
commercial zoning districts that allow mixed uses, a dwelling unit that contains
only one bedroom, or no separate bedroom, will be counted as one-half a dwelling
unit.
Liner building means a separate building along a street or other public space
that hides parking or blank walls from view.
Medical or dental office or clinic means a facility providing health care
services to the public by physicians, dentists, chiropractors, osteopaths, physical
therapists, nurses, acupuncturists, podiatrists, optometrists, psychiatrists,
veterinarians, or others who are duly licensed to practice their respective medical
or dental profession in the State of Florida, as well as those technicians and
assistants who are acting under the supervision and control of a licensed health care
practitioner. These uses shall not include establishments where patients are lodged
overnight and are subject to additional regulations regarding the dispensing of
controlled substances set forth in section 45-36.5 of this chapter. Notwithstanding
the foregoing, accessory uses for veterinary clinics include day and overnight
boarding for patients and outside runs and exercise areas for dogs.
Page 20 of 44
Mixed-use iivI means a development pattern where complementary
uses of land are located within walking distances. Complementary uses may include
,.,,,,,bi„ati ^„ of retail commercial2 and non -retail commercial such as offices;
lodging uses; civic and education uses; and dwellings other than one -family
detached dwellings. businesses where non retail tenants c emprise fifty (50) perce"+
or more of the gross floor area. Any eembination of retail and non retail businesses
where the retail eomponent eempfises fifty (50) pereent or- more of the gross floorr
area shall be elassi-Fie as a retail ia facility
Use -aroun means any of the four groups of allowable uses that certain zonin
districts employ to define uses that are permitted bight, permitted by special
exception only, or are not permitted in that zoning district. The four groups are
Residential Uses, Lodging Uses, Business Uses, and Civic & Education Uses. The
following terms are used in these use groups:
RESIDENTIAL USE -GROUP DEFINITIONS:
Mobile home park is defined earlier in section 45-2.
Dwelling one family detached (single-family dwelling) is a building
containing one dwelling unit that is not attached to any other dwelling by any
means (see definition of dwelling and dwelling unit earlier in section 45-2).
Dwelling, all other dwelling types (see definition of dwelling and
dwelling unit earlier in section 45-2).
Live/work unit is a single dwelling unit in a detached building, or in a
multifamily or mixed-use building, that also accommodates permitted
commercial uses within the dwelling unit.
Assisted livings facility is defined earlier in section 45-2.
Comm uniby Residential Home is defined earlier in section 45-2.
LODGING USE -GROUP DEFINITIONS:
Bed and breakfast establishment is a dwelling unit or guest rooms
personally and physically operated and occupied by an owner or manager
where transient guests are permitted to reside and are provided breakfast in
exchange for paw
Hotel is a facility offering transient lodging accommodation to the
.general public and which may include additional facilities and services such
as restaurants, meeting rooms, entertainment, personal services, and
recreational facilities.
Motel is defined earlier in section 45-2.
Time-share unit is defined earlier in section 45-2.
Page 21 of 44
BUSINESS USE -GROUP DEFINITIONS:
Offices, general is a room or group of rooms used to conduct the affairs
of a business, profession, service, or government ande�; nerally furnished with
desks tables, files, and communication equipment. A medical or dental office
or clinic is not considered `Of ces, general' for purposes of this code.
Office or clinic, medical or dental (see definition of medical or dental
office or clinic earlier in section 45-2, also see additional regulations in
subsections 45-36.S and 45-36.T).
Stores & services, general means establishments that sell food or
merchandise or provide personal or professional services, including but not
limited to the following uses that are defined earlier in section 45-2: drug
store; non -retail commercial; office or clinic, medical or dental; personal care;
pharmacy; and retail commercial. The following uses are not considered
`Stores & services, general' for purposes of this code:
• Stores & services, large format
• Adult entertainment
• Contractor and trade operation
• Convenience store with fuel
• Dog dam
• Drive-through facility(for any use)
•
Garage, parking
• Heavy commercial and light industrial
• Limited access self -storage facilities
• Medical marijuana treatment center
• Medical marijuana treatment center dispensingfacility
• Restaurant or cocktail lounge
• Telecommunications antenna
• Vehicle sales or repair
Stores & services, large format has the same meaning as `Stores &
services, general' as defined by this code, except that the establishment
contains over 50,000 square feet of enclosed floor area.
dult Entertainment is defined earlier in sectio
Brewery with offsite distribution is an establishment primarily engaged
in the production and distribution of beer, ale or other malt beverages, and
which may include accessory uses such as tours of the brewery, retail sales,
and/or on-site consumption, e.g., a "taproom."
Contractor and trade operation is an establishment that is primarily
engaged in providing an off-site service but which maintains a business office
and inventory or equipment at a central location, such as a general contractor
or subcontractor, pest control operator, caterer, surveyor, etc.
Page 22 of 44
Convenience store with fuel is an establishment that provide limited
services primarily to the motoring public such as fuel sales, car washing, or
car detailing, and that may also sell merchandise including food and
beverages.
Dog daycare is an establishment providing daytime care and training
for domestic dogs and other pets.
Drive-through facility is any establishment that provides physical
facilities which allow its customers to obtain food or goods, receive services,
or be entertained while remaining in their vehicles._
Garage, Parking. A building or structure or portion thereof used
exclusively for the storage or parking of automobiles. Service other than
storage shall be limited to refueling, lubrication, and detailing.
Heavy commercial and light industrial is any commercial or industrial
use that the Village of North Palm allows only in the C -G and I-1 zoning
districts or does not allow in any zoning district, including but not limited to:
• Contractor and trade operation
• Junkyard
• Kennel (commercial)
• Limited access self -storage facility
• Light manufacturing
• Vehicle sales or repair
• Warehouse
Limited access self -storage facility is an enclosed structure primarily for
indoor storage.
Medical mariivana treatment center is defined earlier in section 45-2.
Medical mariivana treatment center dispensing fqciliby is defined in in
section 45-38 and prohibited in section 45-39.
Restaurant or cocktail lounze is an establishment where food and drink
are prepared, served, and consumed mostly within the principal building;
outdoor seating is subject to separate provisions in this code. A brewpub or
brewery taproom shall be considered a restaurant or lounge provided that
there is no offsite distribution or wholesaling.
Telecommunications antenna include antenna towers (see definition of
antenna and antenna tower earlier in section 45-2).
Vehicle sales or repair includes any establishment that repairs or
displays and sells new or used motor vehicles including automobiles,
motorcycles, golf carts, trucks, watercraft, recreational vehicles, and trailers.
Page 23 of 44
CIVIC & EDUCATION USE -GROUP DEFINITIONS:
Child carefacilityis defined earlier in section 45-2.
Church or place of worship means a premises or structure used
primarily or exclusively for religious worship and related religious services
on a permanent basis by a tax-exempt religious group, sect, or denomination
registered as a not-for-profit organization pursuant to Section 501(C)(3) of
the United States Internal Revenue Code, as amended. A church or place of
worship may include retreat site camp, convent, seminary or similar facilities
operated for religious activities.
Civic space is a small outdoor space that serves as a focal point for civic
and recreational uses. Civic spaces are typically constructed by landowners
when they build on adjoining propelly.
Family day care is defined earlier in section 45-2.
Government buildings are provided by village, state, regional, or federal
agencies to carry out public purposes.
Hospital or medical center means a facility which provides primary,
secondary, or tertiary medical care, emergency medical services, including
preventative medicine, diagnostic medicine, treatment and rehabilitative
service, medical training programs, medical research, and may include
association with medical schools or medical institutions.
Public space is an outdoor space that is maintained by a government,
private or nonprofit entity as a civic amenity for theeg neral public. Public
spaces include, but are not limited to, plazas, parks, playgrounds and water
accesses.
School, public or private means an institution of learning which conducts
regular classes and courses of study required for accreditation as an elementary or
secondary school by the State Department of Education of Florida.
Section 10. The Village Council hereby amends Appendix C (Chapter 45), "Zoning," of the
Village Code of Ordinances by amending Section 45-4, "Conflict of provisions," of Article I, "In
General," to read as follows (additional language is underlined and deleted language is strieken
tlffeuball):
Sec. 45-4. Conflict of provisions.
(1) It is not intended by this ordinance to interfere with or abrogate or annul
any easements, covenants or other agreements between parties.
(2) That where this village codes and ordinances imposes a greater
restriction upon the use of buildings or premises, or upon the height of
buildings, or requires larger open spaces than are imposed or required
Page 24 of 44
by other or- inn rules, regulations, of by easements, covenants, or
agreements, the provisions of tis village codes and ordinances shall
control.
Section 11. The Village Council hereby amends Appendix C (Chapter 45), "Zoning," of the
Village Code of Ordinances by amending Section 45-16, "Division of village into districts;
districts enumerated," of Article II, "Generally," to read as follows (additional language is
underlined and deleted language is strieke tlffo ,,,-h):
Sec. 45-16. Division of village into districts; districts enumerated.
In order to classify, regulate and restrict the uses of land and buildings, the
height and bulk of buildings, the amount of open spaces about buildings, intensity
of land use, the Village of North Palm Beach, Florida is divided into twelve (12)
zoning districts, as follows:
R-1 Single-family dwelling district
R-2 Multiple -family dwelling district
R-3 Apartment dwelling district
C -MU US -1 mixed-use r ^ ee merei a district
G B Gemmereia distriet
G !A Limitedeemmerei al ristaanta
C-T C—G Transitional commercial district
C -S Shopping G ' Neighbor -hood commercial district
C -G General G Automotive commercial district
C-3 Regional mixed-use amiss district
P Public district
OS G OS Conservation and open space
I-1 Light industrial district
C -NB Northlake Boulevard commercial district
In the creation of this ordinance of the respective districts, the village council
has given due and careful consideration to the peculiar suitability of each district
for the particular uses and regulations applied thereto and to the densities of
population, all in accordance with the comprehensive development plan of the
village.
Page 25 of 44
Section 12. The Village Council hereby amends Appendix C (Chapter 45), "Zoning," of the
Village Code of Ordinances by amending Section 45-16.1, "Similar uses," of Article II,
"Generally," to read as follows (additional language is underlined and deleted language is Miele
tom):
Sec. 45-16.1. - Similar uses.
(a) The community development director shall determine which uses proposed A
use within a commercial or mixed-use zoning district have substantially the
same characteristics as a use nat specifically listed as a permitted use.
Proposed uses with characteristics that are similar to a permitted
use, but not substantially the same, may be established only upon written
application to the community development director for a special use permit.
(b) In evaluating an application for a special use permit for the establishment of
a similar use, the community development director shall, in consultation with
other village departments, consider the characteristics of the proposed use,
including, but not limited to, size, intensity, density, operating hours,
demands for public facilities, traffic impacts and business practices.
(c) Upon review and evaluation of the application, the community development
director shall present his or her recommendation to the village council for
final consideration on the next available council agenda.
(d) The village council shall conduct a public hearing on the application for
special use permit and determine whether the application meets the criteria
set forth in subsection (b) above. Public notice is not required for special use
permit hearings. The village council shall grant or deny the application by
written order.
(e) In granting a special use permit, the village council may impose conditions
necessary to ensure that the proposed use:
(1) Is compatible with the existing or planned character of the neighborhood
in which it would be located;
(2) Will not have an adverse impact upon adjacent properties; and
(3) Will not interfere with the use of adjacent properties.
Such conditions may include restrictions on the size and operating hours of
the proposed use.
(f) If the conditions imposed by the special use permit are not met, the
community development director may revoke the permit. A permit holder
may appeal the revocation of a special use permit by filing an appeal, in
writing, to the Zoning Beafd of Adjustm Planning Commission within
thirty (30) days of receipt of written notice of revocation.
Page 26 of 44
Section 13. The Village Council hereby amends Appendix C (Chapter 45), "Zoning," of the
Village Code of Ordinances by amending Section 45-16.2, "Special exception uses," of Article II,
"Generally," to read as follows (additional language is underlined and deleted language is stiff
tom)
Sec. 45-16.2. Special exception uses.
(e) Procedure.
(1) The special exception use shall be subject to preliminary review by the
community development department. Once the community
development director certifies that the application is complete, the
director shall forward it to the planning commission for a public hearing.
(2) 'The planning commission shall review the application and forward a
recommendation of approval, approval with conditions or denial to the
village council. If the special exception request was included with a site
plan and appearance application, the planning commission shall forward
the complete application to the village council for final decision.
(3) Upon receipt of the a recommendation of the planning commission, the
village council shall conduct a public hearing and determine whether
the proposed special exception use meets the requirements of this
section. The village council shall approve, approve with conditions or
deny the application at the close of the public hearing. The approval of
a special exception use, with or without conditions, shall be in the form
of a written order, resolution or ordinance.
(4) Upon denial of an application for special exception use approval in
whole or in part, a period of one (1) year must elapse prior to the filing
of a substantially similar application affecting the same property.
Section 14. The Village Council hereby amends Appendix C (Chapter 45), "Zoning," of the
Village Code of Ordinances by amending Section 45-19, "Buildings to conform to district
regulations," of Article II, "Generally," to read as follows (additional language is underlined and
deleted language is stri ,ke tIffetig ):
Sec. 45-19. Buildings and uses to conform to district regulations.
Except as hereinafter provided:
A. No building shall be erected, reconstructed or structurally altered, nor
shall any building or land be used which does not comply with the
regulations for the district in which such building or land is located.
Page 27 of 44
B. No building shall be erected, reconstructed or structurally altered to
exceed the height or bulk limits herein established for the district in
which such building is located.
C. The minimum open spaces around a main building as provided for in
this ordinance shall not be encroached upon or be considered as open
spaces for any other building.
D. There shall not be more than one (1) main building and its customary
accessory building(s) on a lot in the R-1 single-family dwelling district.
as atAherized by this ehaptef.
E. The types, location and uses of buildings and land publicly owned and
used in the performance of a public function may be permitted in any
district, provided such type, location and use is approved by the village
council. The village council may limit the length of time of such type,
location and use.
Section 15. The Village Council hereby amends Appendix C (Chapter 45), "Zoning," of the
Village Code of Ordinances by amending Section 45-31, "C -A Commercial District," of Article
III, "District Regulations," as set forth in Exhibit 1 attached hereto and incorporated herein by
reference (additional language is underlined and deleted language is stricken t roug ). All
properties within the Village currently included within the C -A Commercial Zoning District as of
the effective date of this Ordinance are hereby included within the CMU US -1 Mixed Use Zoning
District and shall be subject to the regulations set forth in Exhibit 1.
Section 16. The Village Council hereby amends Appendix C (Chapter 45), "Zoning," of the
Village Code of Ordinances by repealing Section 45-31.1, "C -B Commercial District," of Article
III, "District Regulations," in its entirety.
Section 17. The Village Council hereby amends Appendix C (Chapter 45), "Zoning," of the
Village Code of Ordinances by repealing Section 45-32, "C -1A Limited Commercial District," of
Article III, "District Regulations," in its entirety.
Section 18. The Village Council hereby amends Appendix C (Chapter 45), "Zoning," of the
Village Code of Ordinances by amending Section 45-32.1, "C -C Transitional Commercial
District," of Article III, "District Regulations," as set forth in Exhibit 2 attached hereto and
incorporated herein by reference (additional language is underlined and deleted language is
strieken tlffe ig- ). All properties within the Village currently included within the C -C Commercial
Zoning District as of the effective date of this Ordinance are hereby included within the C -T
Transitional Commercial Zoning District and shall be subject to the regulations set forth in Exhibit
2.
Section 19. The Village Council hereby amends Appendix C (Chapter 45), "Zoning," of the
Village Code of Ordinances by amending Section 45-33, "C-1 Neighborhood Commercial
District," of Article III, "District Regulations," as set forth in Exhibit 3 attached hereto and
incorporated herein by reference (additional language is underlined and deleted language is
strieke-n-thfeu&). All properties within the Village currently included within the C-1
Neighborhood Commercial Zoning District as of the effective date of this Ordinance are hereby
Page 28 of 44
included within the C -S Shopping Commercial Zoning District and shall be subject to the
regulations set forth in Exhibit 3.
Section 20. The Village Council hereby amends Appendix C (Chapter 45), "Zoning," of the
Village Code of Ordinances by amending Section 45-34, "C-2 Commercial District," of Article
III, "District Regulations," as set forth in Exhibit 4 attached hereto and incorporated herein by
reference (additional language is underlined and deleted language is strieken t r^ug . All
properties within the Village currently included within the C-2 Commercial Zoning District as of
the effective date of this Ordinance are hereby included within the C -G General Commercial
Zoning District and shall be subject to the regulations set forth in Exhibit 4.
Section 21. The Village Council hereby amends Appendix C (Chapter 45), "Zoning," of the
Village Code of Ordinances by amending Section 45-35.1, "Planned Unit Development," of
Article III, "District Regulations," as set forth in Exhibit 5 attached hereto and incorporated herein
by this reference (additional language is underlined and deleted language is strieke -, thfo g )
Section 22. The Village Council hereby amends Appendix C (Chapter 45), "Zoning," of the
Village Code of Ordinances by amending Section 45-35.2, "C -OS Conservation and Open Space
District," of Article III, "District Regulations," to read as follows (additional language is
underlined and deleted language is strieken tlff .ug ):
Sec. 45-35.2. C -OS conservation and open space district.
A. Intent. The intent of this section is to provide for land uses and activities
within land areas designated for the primary purpose of conserving or
protecting natural resources of environmental quality.
B. Uses permitted. Within any part of the G -OS conservation and open space
district, no building, structure, land or water shall be used, except for one or
more of the following uses:
1. Passive recreation.
2. Flood control.
3. Protection of quality or quantity of ground water or surface water.
4. Floodplain management.
5. Fisheries management.
6. Protection of vegetative community or wildlife habitats.
7. Residential and administrative buildings for the protection of the C -OS
district.
8. Single-family dwellings with accessory buildings customarily incident
thereto.
C. a: Building height regulations. No main building shall exceed two (2) stories
in height and no accessory building more than one (1) story.
D. b-. Building site area regulations. The minimum lot or building site for each
single-family dwelling shall be one (1) acre of upland area and have at least
one (1) lot dimension, width or length, of a minimum of one hundred fifty
(15 0) feet.
Page 29 of 44
E. e: Yard space regulation. No building or portion thereof shall occupy a
position fifty (50) feet or less from the upland/wetland boundary of the
property.
F. C—. Coastal zone protection. The Village of North Palm Beach adopts, by
reference, the Palm Beach County Coastal Protection Ordinance No. 90-2 in
its entirety.
Section 23. The Village Council hereby amends. Appendix C (Chapter 45), "Zoning," of the
Village Code of Ordinances by amending Section 45-35.3, "Northlake Boulevard Overlay Zoning
District (NBOZ)," of Article III, "District Regulations," as set forth in Exhibit 6 attached hereto
and incorporated herein by reference (additional language is underlined and deleted language is
st-Fieken dffe tg ). All properties included within the C -NB Northlake Boulevard Commercial
Zoning District and shall be subject to the regulations set forth in Exhibit 6.
Section 24. The Village Council hereby amends Appendix C (Chapter 45), "Zoning," of the
Village Code of Ordinances by amending Section 45-36, "General Provisions," of Article III,
"District Regulations," to read as follows (additional language is underlined and deleted language
is st- fie e thyo ig ):
See. 45-36. General provisions.
A-1. No addition to any building and no structure or object shall be erected, placed
or maintained or built to a height which exceeds four (4) stories or sixty (60)
feet where any portion of said building or of the property upon which it is
located is within five hundred feet of any R-1, single-family dwelling district=
except in the C -MU and C-3 zoning districts where the height limits and
maximum height in feet are defined in sections 45-31 and 45-34.1.
J. Whenever, by this ordinance, off-street parking is required in any commercial
or mixed-use district or in any R-3 apartment dwelling district, no such
parking facilities shall be hereafter constructed as follows, in addition to any
specific requirements of the zoning district: until a permit therefor shall have
been issued by the building inspector, and until the plans and specifications
therefor are such that:
a. Such off-street parking area is designed with appropriate means of
vehicular access to a public street or alley. The maximum width of a
residential accessway to an off-street parking or other vehicular use area
shall be twenty (20) feet for two-way vehicular movement and ten (10)
feet for one-way vehicular movement, measured at the narrowest point.
For commercial uses, two-way accessways shall be twenty-four (24
feet and may be wider only on county and state roads, subject to
approval by county and state transportation officials.
Page 30 of 44
(i) No more than one (1) two-way accessway shall be permitted for
any street frontage up to one hundred (100) lineal feet or no more
i than two (2) one-way accessways shall be permitted for any street
frontage up to one hundred (100) lineal feet, such standards to be
gplicable to any property under one (1) ownership.
ii Where such ownership involves over one hundred (100) feet of
street frontage, , one (1) additional two-way or two (2) additional
one-way drives may be permitted for each additional one hundred
(100) feet of frontage or major fraction thereof, except where
restricted by other provisions of this code or by county and state
transportation regulations.
b. Such off-street parking area is designed with appropriate vehicular
maneuvering areas. Each required parking space shall measure at least
9 feet by 18 feet.
C. Such off-street parking area is paved with an asphaltic or concrete
surfacing, or other material designed to prevent dust.
d. Such off-street parking area is so constructed, graded and surfaced as to
prevent surface water from draining onto public right-of-way, or on
adjoining properties, the outlets for such surface waters to be connected
directly or indirectly to storm sewer conduits terminating in existing
publicly controlled waterways or in other seepage areas approved by the
building department.
e. Such off-street parking areas shall be used for vehicular, traffic only,
with no sales, dead storage, repair work, dismantling or servicing of any
kind unless expressly permitted by the zoning of the district in question.
f. If lighting of such areas is to be provided, the plans therefor shall be
such that such lighting shall reflect away from any public street and at
such an angle as to prevent glare or undue illumination of residential
properties in the neighborhood.
g_ Parking lots shall be landscaped as provided in the landscaping
regulations in Article VIII (section 45-81 et seq.).
h. Parking lots shall be designed and improved to facilitate loading and
unloading There shall be adequate space for standing, loading and
unloading services to avoid undue interference with public use of streets
or alleys.
A Building height regulations.
Page 31 of 44
(1) Within the area of the Village of North Palm Beach which lies north of the
Intracoastal Waterway and west of U.S. Highway No. 1, no building or
structure shall exceed sixteen (16) stories or one hundred sixty (160) feet.
(2) Within the area of the Village of North Palm Beach which lies north of the
Intracoastal Waterway and east of U.S. Highway No. 1, no building or
structure shall exceed twenty-two (22) stories or two hundred twenty (220)
feet.
(3) Within the area of the Village of North Palm Beach which lies south of the
Intracoastal Waterway and east of U.S. Highway No. 1, no building or
structure shall exceed four (4) stories or forty (40) feet, except in the C -MU
zoning district where the height limits are defined in section 45-31.
(4) Within the area of the Village of North Palm Beach which lies south and west
of the Intracoastal Waterway and west of U.S. Highway No. 1, no building or
structure shall exceed four (4) stories or forty (40) feet, except in the C -MU
and C-3 zoning districts where the height limits are defined in sections 45-31
and 4.5-34.1.
Q. Outdoor seating.
(1) Applicability. Outdoor seating shall be permitted as an accessory use to a
building in which a food service establishment is operated, provided that:
a. The outdoor seating area is adjacent to that portion of the food service
establishment which is inside the building.
b. The outdoor seating is located on property which is either owned or
leased by the adjacent food service establishment or the landlord of such
food service establishment. (See exceptions in subsection (6).)
C. The outdoor seating can be accommodated without impeding the access
of the general public, including persons with disabilities, to the portion
of the food service establishment which is located inside the building,
or to any other commercial business or other use.
d. The outdoor seating can be accommodated without creating a need for
additional parking spaces which could not be provided on the same site
as the building for which the outdoor seating would be an accessory use
or would create a non -conforming status for existing parking provided
for such building. (See exceptions in subsection (6)T)
e. No outdoor seating shall be permitted for adult entertainment
establishments.
Page 32 of 44
(2) Permitting process. An applicant for approval of outdoor seating shall
include the proposed outdoor seating as part of an overall application for a
building permit and/or site plan and appearance approval eertifieat
or shall seek amendment of an existing building permit
and/or site plan and appearance approval certifioate of apprepriatenesS to
allow for outdoor seating, pursuant to the applicable provisions of this Code.
Every application involving outdoor seating shall include the following, in
addition to and not in place of anything else which may otherwise be required
by any other provision of this Code:
a. A site plan, drawn to scale, which shows at least the building for which
outdoor seating will be an accessory use; the location of the food service
establishment which will use the outdoor seating; the location of the
outdoor seating and all related fencing screening, or dividing materials;
the location of any sidewalks or other pedestrian walkways or
passageways which are adjacent to or will be affected by the outdoor
seating; and the location of all existing or additional parking for such
building.
b. A copy of the written consent of any person or business who other than
the applicant owns or leases any property, including any sidewalk or
other public passageway, upon [which] the outdoor seating would be
located.
C. Photographs, renderings, or samples showing the style and color of all
furnishings, fencing, screening, or dividing material to be used for or in
conjunction with the outdoor seating.
(3) Conditions of outdoor seating. Outdoor seating shall comply at all times with
the following conditions:
a. Outdoor seating shall be arranged, when in use, in a manner that allows
a pedestrian walkway in compliance with applicable accessibility,
building, eedes and fire codes.
b. Outdoor seating located on a pedestrian walkway which provides access
to more than one (1) occupant of a building, as in a shopping center,
shall be arranged, when in use, in a manner that maintains a passage of
not less than five (5) feet in width.
C. Outdoor seating of an applicant shall not be located on any sidewalk,
passageway, or other property adjacent to any other business.
d. Outdoor seating shall not occupy any area designated for parking. (See
exceptions in subsection (6).)
e. Outdoor seating which is used for the service and sale of food or
beverages of any kind within the outdoor seating area, shall be
physically separated and visually distinct from any immediately
Page 33 of 44
adjacent public passageway or walkway by means of approved fencing
or screening material which is not less than two (2) feet in height, by ,
means of one (1) or more planter boxes and other plant container, by
means of some other approved divider, or any combination of such
means, but not including tables, chairs or other seating.
f. Outdoor seating areas may only contain tables, chairs, umbrellas and/or
awnings and required fencing or screening materials. All such
equipment shall be compatible in color and style with the exterior of the
building and shall not contain or have affixed to it any sign, lettering or
advertising of any kind.
g. Outdoor seating shall be maintained in a secure manner, whenever the
food service establishment is closed to the public.
h. Establishments with outdoor seating with food and beverage service
shall meet all health code and other applicable code requirements of
restaurants.
i. Any permanent or temporary structures associated with outdoor seating,
including, but not limited to, awnings and covered roofs shall not
encroach into the required building setback areas. Tables, chairs,
umbrellas, fencing, screening and dividing materials shall not be located
closer to the property line than two-thirds (2/3) of the required front,
side or rear building setback. (See exceptions in subsection (6))
(4) Limitations on use. Except for outdoor seating located in an inner court:
a. All sales and service of food and beverages in an outdoor seating area
are prohibited between the hours of 10:30 p.m. and 7:00 a.m., Sunday
through Thursday, and between the hours of 11:00 p.m. and 7:00 a.m.,
Friday through Saturday.
b. Outdoor seating areas shall be in compliance with the village's noise
regulations.
(5) General requirements. Outdoor seating which increases the total number of
seats available at a food service establishment shall be considered an
expansion of use. Such outdoor seating shall be included in any calculation of
the total number of seats provided by the food service establishment but not
limited to parking, restroom facilities and business taxes.
Special requirements for C -MU and C-3 zoning districts. In the C -MU and
C-3 zoning districts only, the preceding requirements for outdoor seating are
modified as follows:
a. Outdoor seating may be provided on sidewalks that have been
constructed on sidewalk easements that were required by this code as
long as this seating does not unduly restrict pedestrian movement.
Page 34 of 44
Outdoor seating may not be provided on sidewalks within the right-of-
way of US Highway 1, Yacht Club Drive, Anchorage Drive, Lighthouse
Drive, Ebbtide Drive, or Northlake Boulevard.
b. Outdoor seating�may be provided within build -to zones required by this
code.
C. Outdoor seating may be provided on an area designated for parking
and/or loading without providing_ additional parking spaces. However,
permission for such outdoor seating would be on a provisional basis and
would be subject to revocation as follows:
i. Permission may be revoked by the community development
director if there is evidence that the permission is contributing to
spillover parking on nearby properties.
ii. Permission would be automatically revoked if the code
enforcement special magistrate issues an order confirming a
violation of a parking -related provision of this code.
Section 25. The Village Council hereby amends Appendix C (Chapter 45), "Zoning," of the
Village Code of Ordinances by amending Section 45-38, "I-1 Light Industrial District," of Article
III, "District Regulations," to read as follows (additional language is underlined and deleted
language is s rieke +h,.,,,,O):
Sec. 45-38. I-1 light industrial district.
D. Supplemental use regulations for select permitted or special
exception uses. Permitted or special exception uses in the I-1 district shall be
subject to the following conditions.
12. Dog daycare:
d. Outdoor runs/dogexercise areas: If used, outdoor runs or
animal dog exercise areas shall be located a minimum of 300
feet from a residential use or zoning district or shall be
fenced utilizing a sound-absorbingi material on any
which is adjacent to or separated only be street from any
residential use or zoning district to contain the sound as
required by chapter 19, article VI of this code. Such outdoor
runs or dog exercise areas shall; be hard surfaced or grassed
and if hard surfaced, shall have wAh drains provided every
ten feet and be connected to a central or individual sanitary
facility approved by Seacoast Utility Authority or the Palm
Page 35 of 44
Beach County Health Department. Grassed outdoor runs
and dogL exercise areas shall be maintained by removing dog
waste daily. A minimum six-foot high ehain lk fence shall
be required around outdoor runs and dog exercise areas. In
addition, where chain-link fencing is used, a continuous
solid opaque hedge a minimum of four feet at installation
shall be provided around the outdoor run area or dog exercise
area. Animals shall not be left overnight in outdoor runs or
dog exercise areas.
15. Kennel, commercial:
a. Limitations of use: A commercial kennel shall be limited to
the training, boarding and grooming of dogs and cats.
b. Outdoor runs: Outdoor runs shall comply with the
requirements of Section 45-38(D)(12 44)d above.
22. Veterinary clinic: Outdoor runs shall comply with the requirements
of Section 45-38(D)(12 44)d above.
Section 26. The Village Council hereby amends Appendix C (Chapter 45), "Zoning," of the
Village Code of Ordinances by amending Article VI, "Amendments — Fees; Waiting Periods," to
read as follows (additional language is underlined and deleted language is s+rieke +1,roug ):
ARTICLE VI. REZONINGS;
VARIANCES; WAIVERS .
Sec. 45-49. Applications for rezoning, etc.
(1) All applications for rezoning andall appheations to amend, supp rimova+
established by ^�,,�
�+or shall be done by application to 'ng
�,
n�mmicrc+ion e the village. The application to the pi i , ^^mmissi may
be made initiated by a y property owners to rezone their own property or by
the village manager. tenant or by n goyer�ent a office, depa ent
bear-�
of bufeau. Stteh apoie..Ati.afi.s shall be filed with the eommunity developme
depaFtment of the village, whieh shall transmit the safne, together- with all the
applieation, to the p1 . Any such application, except by the
village manager, a governmental ^genes, must be accompanied by the filing
fee established in the master fee schedule adopted annually as part of the
village budget together with a deposit of the estimated cost of the village
processing the application. Upon the village determining the actual costs,
applicants shall pay the balance, if any, in full of such costs including
Page 36 of 44
advertising prior to final consideration of the application. If the deposit
exceeds actual costs, the balance shall be refunded to applicant.
(2) All applications to—the p ANN1N/f ,,,,,,.,m ss oN concerning rezoning shall be
upon forms to be supplied by the community development department.
(3) Whenever, after review, investigation and hearing, any application for a
change of district classification has been denied, an application for a like
change cannot be reinstated for a period of at least one (1) year after said
denial.
(4) Public notice of all hearings shall be provided as required by section 21-3 of
the village Code.
Sec. 45-50. Appheation for Variances.
(1) All applications for variances to regulations or restrictions established by this
ordinance shall be done initiated by application to the board of adjustment
e
the village. The application totheboard of adjustmaN+ may be made by any
property owner or tenant or by a governmental office, department, board or
bureau. Sueh applioations shall be and filed with the community development
department. deter of the village—,who shall 'r-a-smit-the same, tother- w
.a!! the plans, spe-ifieations, applieatiefl blank and other- papers peftaining
the eation, to the board of adjustment. Any such application, except by a
governmental agency, must be accompanied by the filing fee established in
the master fee schedule adopted annually as part of the village budget.
(2) All applications to the board of
adj stme concerning variances shall be upon
forms to be supplied by the community development department.
Criteria for decisions on variance applications are provided in section 21-21
of the village code.
(-3,) Public notice of all hearings shall be provided as required by section 21-3
of the village code.
Sec. 45-51. Waivers.
In the C -MU and C -NB zoning districts, waivers may be requested from
certain regulations in this code. An applicant requesting a waiver shall
demonstrate that the waiver provides a public benefit, including, by wav of
example, high-quality architectural design, pedestrian amenities, not cost
dedication of rights-of-way, construction of public parking, public art or other
improvements adjacent to the property, preservation of environmental
sensitive lands, provision of public parks and/or open spaces, or mixed uses
which reduce impacts on village services.
An application for such waiver may be made by any property owner or tenant
or by a governmental office, department, board or bureau. Such applications
Page 37 of 44
shall be filed with the community development director of the village, using
forms supplied by the director, who shall transmit the same, together with all
the plans, specifications, application materials, and other papers pertaining to
the application, to the planning commission. The applicant shall identify each
waiver request in writing as part of the application, fully explaining the nature
of the request, the extent to which it departs from a standard zoning
regulation, and the basis for which it is sought.
The planning commission will hold a public hearingin n conjunction with the
site plan and appearance review hearing for the subject property (see sections
6-30-6-60). When evaluating waiver requests, the planning commission will
consider the following factors and any additional criteria set forth in the
relevant zoning district:
a. The extent to which the alternate standard proposed b the he applicant
differs from the code's standard that would be waived;
b. Whether the granting of the waiver will lead to innovative design in
which other minimum standards are exceeded;
C. Whether the request clearly demonstrates the public benefits to be
derived;
d. Whether the request furthers the goals of the village master plan, and
exemplifies the architectural, building, and site design techniques
desired within the Village's_ Appearance Plan;
e. Whether the requested waiver can be granted in the zoning district;
Any unusual circumstances regarding the property or immediate area,
including the location of power lines, specimen trees, or shade trees;
g_ The effect of approving or denyingL the waiver on the development
project and on the surrounding area;
h. Consistency with the comprehensive plan;
Recommendations of village
j_ Testimony from the applicant; and
h. Testimony from the public.
Page 38 of 44
At the end of the public hearing the planning commission will make a
decision on each requested waiver. Approval is contingent on the planning
commission making these findings and any additional findings set forth in the
relevant zoning district:
a. The alternate standard proposed by the applicant is acceptable for the
specific site and building;
b. The proposed waiver does not detract from the design principles
supporting these zoning districts and the broader intent of this code;
C. The proposed waiver will not be injurious to surrounding properties or
nearby neighborhoods; and
d. The proposed waiver is not inconsistent with the Comprehensive Plan.
The planning commission's action on waivers will be considered a
recommendation to the village council instead of a decision if a special
exception was requested along with one or more waivers, or if a waiver was
requested for an extra story pursuant to 45-31.E.4, or if the concurrent site
plan and appearance decision is appealed in accordance with section 6-35.
The village council will make a decision on such waivers at the same time
that a decision is made on all other aspects of the application.
The applicant or any interested party may file an appeal to the village council
on any decision on waivers. Such an appeal will also function as an appeal of
the site plan and appearance application. The appeal shall be filed or made
within ten (10) days after decision of the planning_ commission on forms
provided by the village. Appeals shall set forth the alleged inconsistency or
nonconformity with procedures, criteria, or standards set forth in this code.
The village council shall decide an appeal within thirty (30) days of the filing
of such appeal unless an extension of time is consented to by the applicant,
and such filing shall suspend any building permit issued pursuant to the ruling
of the planning commission until the village council has decided the appeal.
The village council may review any decision of the planning commission and
their disposition of the matter shall be final.
Public notice of all waiver hearings shall be provided as required by section
21-3 of this code.
Section 27. The Village Council hereby amends Appendix C (Chapter 45), "Zoning,"
of the Village Code of Ordinances by amending Article VII, "Nonconforming Uses of Land
and Structures," to read as follows (additional language is underlined and deleted language
Sec. 45-60. Intent.
(1) Within the districts established by this ordinance, or amendments that may
later be adopted, there exist lots, structures, uses of land and structures and
Page 39 of 44
characteristics of use which were lawful before this ordinance was passed or
amended, but which would be prohibited, regulated, or restricted under the
terms of this ordinance or future amendments.
(2) Except as explicitly provided in this article, it is the intent of this ordinance
to permit these nonconformities to continue until they are removed, but not to
encourage their continuation. Such nonconformities uses are declared by this
ordinance to be incompatible with ,moo,.,, it4ed linos ift the district involved. It is
further the intent of this ordinance that nonconformities shall not be enlarged
upon, expanded or extended, nor be used as grounds for adding other
structures or uses prohibited elsewhere in the same district.
Sec. 45-61. - Extension and enlargement of nonconforming uses.
(1) A nonconforming use of a structure, a nonconforming use of land, or a
nonconforming use of structure and land shall not be extended or enlarged
after passage of this ordinance by attachment on a building or premises of
additional signs intended to be seen from off the premises, or by the addition
of other uses of a nature which would be prohibited generally in the district
involved. If an existing use was legally permitted on its site prior to changes
in the C -MU or C -NB zoning districts in 2020 but is not listed as a permitted
use in the new district, that existing use will continue to be deemed a
permitted use and will not be subject to the restrictions in this paragraph.
(2) To avoid undue hardship, nothing in this ordinance shall be deemed to require
a change in the plans, construction, or designated use of any building on
which actual construction was lawfully begun prior to the effective date of
adoption or amendment of this ordinance and upon which actual building
construction has been diligently carried on. Actual construction is hereby
defined to include the placing of construction materials in permanent position
and fastened in a permanent manner. Except that where demolition or removal
of an existing building has been substantially begun preparatory to rebuilding,
such demolition or removal shall be deemed to be actual construction,
provided that work shall be diligently carried on until completion of the
building involved.
Sec. 45-62. Nonconforming lots of record.
(1) In any district in which single-family dwellings are permitted,
notwithstanding limitations imposed by other provisions of this ordinance, a
single-family dwelling and customary accessory buildings may be erected on
any single lot of record at the effective date of adoption or amendment of this
ordinance. Such lot must be in separate ownership and not of continuous
frontage with other lots in the same ownership. This provision shall apply
even though such lot fails to meet the requirements for area or width, or both,
that are generally applicable in the district, provided that yard dimensions and
other requirements not involving area or width, or both, of the lot shall
conform to the regulations for the district in which such lot is located.
Page 40 of 44
Variance of area, width, or yard requirements shall be obtained only through
action of the board of adjustment.
(2) If two (2) or more lots or combinations of lots and portions of lots with
continuous frontage in angle {single} ownership are of record at the time of
passage or amendment of this ordinance, and if all or part of the lots do not
meet the requirements for lot width and area as established by this ordinance,
the lands involved shall be considered to be an undivided parcel for the
purposes of this ordinance, and no portion of said parcel shall be used or sold
which does not meet lot width and area requirements established by this
ordinance, nor shall any division of the parcel be made which leaves
remaining any lot with width or area below the requirements in this ordinance.
Sec. 45-63. Nonconforming uses of land.
Where, at the effective date of adoption or amendment of this ordinance,
lawful use of land exists that is made no longer permissible under the terms of this
ordinance as enacted or amended, and where such use involves no individual
structure with a replacement cost exceeding one thousand dollars ($1,000.00), such
use may be continued, so long as it remains otherwise lawful, subject to the
following provisions:
(1) No such nonconforming use shall be enlarged or increased, nor extended to
occupy a greater area of land than was occupied at the effective date of
adoption or amendment of this ordinance; unless such use is changed to a use
permitted in the district in which such use is located;
(2) No such nonconforming use shall be moved in whole or in part to any other
portion of the lot or parcel occupied by such use at the effective date of
adoption or amendment of this ordinance;
(3) If any such nonconforming use of land ceases for any reason for a period of
more than ninety (90) consecutive days, any subsequent use of such land shall
conform to the regulations specified by this ordinance for the district in which
such land is located;
(4) No additional structure which does not conform to the requirements of this
ordinance shall be erected in connection with such nonconforming use of
land.
Sec. 45-64. - Nonconforming structures.
Where a lawful structure exists at the effective date of adoption or amendment
of this ordinance that could not be built under the terms of this ordinance by reason
of restrictions on area, lot coverage, height, yards or other characteristics of the
structure or its location on the lot, such structure may be continued so long as it
remains otherwise lawful subject to the following provisions:
Page 41 of 44
(1) No such structure may be enlarged or altered in a way which increases its
nonconformity, but any structure or portion thereof may be altered to decrease
its nonconformity;
(2) Should such structure be destroyed by any means to an extent of more than
fifty (50) percent of its replacement cost at time of destruction, as determined
by the village engineer or village building official, it shall not be reconstructed
except in conformity with the provisions of this ordinance;
(3) Should such structure be moved for any reason for any distance whatever, it
shall thereafter conform to the regulations of the district in which it is located
after it is moved.
However, if an existing structure was legally permitted on its site prior to
changes in the C -MU or C -NB zoning districts in 2020 but could not be built
under the standards in the new district, that existing structure will continue to
be deemed a lawful structure and will not be subject to the restrictions in
paragraphs (1) and (2). Such structure may be expanded laterally and/or
vertically without complying with all new requirements for building
frontages, build -to zones, and parking lot setbacks, provided the expansion
brings the structure considerably closer to the 2020 requirements than the
existing structure.
Sec. 45-65. Nonconforming uses of structures or of structures and premises in
combination.
(1) If a lawful use involving individual structures with a replacement cost of one
thousand dollars ($1,000.00) or more, or of structure and premises in
combination, exists at the effective date of adoption or amendment of this
ordinance, that would not be allowed in the district under the terms of this
ordinance, the lawful use may be continued so long as it remains otherwise
lawful, subject to the following provisions:
(a) No existing structure devoted to a use not permitted by this ordinance
in the district in which it is located shall be enlarged, extended,
constructed, reconstructed, moved or structurally altered except in
changing the use of the structure to a use permitted in the district in
which it is located;
(b) Any nonconforming use may be extended throughout any parts of a
building which were manifestly arranged or designed for such use at the
time of adoption or amendment of this ordinance, but no such use shall
be extended to occupy any land outside such building;
(c) Any structure, or structure and land in combination, in or on which a
nonconforming use is superseded by a permitted use, shall thereafter
conform to the regulations for the district in which such structure is
located, and the nonconforming use may not thereafter be resumed;
Page 42 of 44
(d) When a nonconforming use of a structure, or structure and premises in
combination, is discontinued or abandoned for six (6) consecutive
months or for eighteen (18) months during any three-year period (except
when government action impedes access to the premises), the structure,
or structure and premises in combination, shall not thereafter be used
except in conformance with the regulations of the district in which it is
located;
(e) Where nonconforming use status applies to a structure and premises in
combination, removal or destruction of the structure shall eliminate the
nonconforming status of the land. Destruction for the purpose of this
subsection is defined as damage to an extent of more than fifty (50)
percent of the replacement cost at time of destruction.
(2) If an existing use of a structure was legally permitted on its site prior to changes
in the C -MU, C-3, or C -NB zoning districts in 2020 but is not listed as a
permitted use in the new district, that existing use will continue to be deemed
a permitted use and will not be subject to the restrictions in section 45-65(1)(a)-
(c) and 45-65(1)e Notwithstanding; the foregoing, these uses will not be
allowed to continue if discontinued or abandoned as defined by 45-65(1)(d).
_(D(2) Nonconformities not involving the use of a principal structure, e.g., open
storage, building supplies, vehicle, mobile home, implement and machinery
storage, signs, billboards, junkyards, commercial animal yards and the like,
shall be discontinued within two (2) years of the effective date of this
ordinance or amendment.
Section 28. The Village Council hereby amends Appendix C (Chapter 45), "Zoning," of the
Village Code of Ordinances by adopting a new Article VIII, "Landscaping," as set forth in Exhibit
7 attached hereto and incorporated herein.
Section 29. The provisions of this Ordinance shall become and be made a part of the Code of
the Village of North Palm Beach, Florida. All cross-references to the names of zoning districts
are hereby updated, including but not limited to those in Sections 45-20, 45-21, and 45-36, and
any other sections that referred to the prior names for the zoning districts as follows:
A. All references to the C-1 A, C 1 A, C -B or CB Zoning Districts shall be deleted.
B. All references to the C -A or CA Zoning District shall be changed to the C -MU Zoning
District.
C. All references to the C -C or CC Zoning District shall be changed to the C -T Zoning
District.
D. All references to the C-1 or C 1 Zoning District shall be changed to the C -S Zoning District.
E. All references to the C-2 or C2 Zoning District shall be changed to the C -G zoning district.
Page 43 of 44
F. All references to the C -OS or COS zoning district shall be changed to the OS Zoning
District.
i
G. All references to the NBOZ Overlay Zoning District shall be changed to the C -NB Zoning
District.
Section 30. 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 31. 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 32. This Ordinance shall take effect upon the effective date of Ordinance No. 2020-05.
PLACED ON FIRST READING THIS 13TH DAY OF AUGUST, 2020.
PLACED ON SECOND, FINAL READING AND PASSED THIS 24" -'DAY OF SEPTEMBER, 2020.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
Page 44 of 44
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1 Sec. 45-32.1. C-T C-C transitional commercial district.
2 A. General description. This residential/commercial transitional district is to
3 provide for the development of low-intensity residential and business offices
4 and other complementary uses. The C-T C-C district shall serve as a
5 transition between strictly residential areas and intense commercial
6 development.
7 B. Uses permitted. The following uses are permitted in the C-T C-C
8 transitional commercial district:
9 1. Financial institutions
10 2. Professional and business offices, not including medical and dental
11 clinics
12 3. Florists
13 4. Clothing stores
14 5. Stationery stores
15 6. Photo studios/camera shops
16 7. Sporting goods stores
17 8. Gift shops
18 9. Candy shops
19 10. Seamstress/tailor shop
20 11. Personal service establishments, such as barber shops, 12. hair salons,
21 and 13. nail salons
22 12. 14. Instructional dance/music studios
23 13. Family day care home.
24 14. Multiple-family dwelling structures of 2, 3, or 4 dwelling units,
25 provided that residential density does not exceed 12 units per acre.
26 C. Conditions for permitted uses:
27 1. All activities, sales and storage of goods must be conducted entirely
28 within completely enclosed buildings with permanent nonmoving
29 outside walls.
30 2. No outside sidewalk of parking lot storage (or) display of merchandise
31 will be permitted.
32 3. No manufacturing or production of products for retail or wholesale
33 will be permitted.
34 D. Building height regulations. No building or structure shall exceed two (2)
35 stories or twenty five (25) feet.
36 E. Building site area regulations: Maximum floor-area-ratio: 0.70
37 1. Maximum lot coverage. Main and accessory buildings shall cover no
38 more than thirty-five (35) percent of the total lot area. 2. Reserved.
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1 F. Yards.
2 1. Front yards.
3 (a) All buildings shall be constructed from the Alternate A-I-A or
4 Prosperity Farms Road right-of-way to provide a front yard of
5 not less than twenty (20) thirty (30) feet.
6 (b) All buildings shall be set back from the right-of-way of streets
7 which intersect with Alternate A-I-A or Prosperity Farms Road
8 providing a yard of not less than ten (10) twenty-five (25) feet.
9 (c) The ground story of each building facade that faces a front yard
10 must have at least 15% of its surface area in transparent glass
11 that will transmit at least 50% of visible daylight.
12 2. Side and rear yards. All buildings shall be set back from side and rear
13 lot lines so as to provide side and rear yards of not less than:
14 (a) Ten (10) Fifteen (15) feet when abutting a lot with residential
15 zoning.
16 (b) Zero (0) feet when abutting a lot with commercial or mixed-use
17 zoning.
18 3. Rear yards. All buildings shall be set back from rear lot lines so as to
19 provide a rear yard of not less than fifteen (15) feet.
20 G. Off-street parking regulations. Off-street parking shall be provided at half
21 of the number of parking spaces required in:
22 1. the C-S zoning district for commercial uses; and the same as for the
23 CA commercial district.
24 2. the R-2 zoning district for residential uses.
25 H. Off-street parking layout, construction and maintenance shall be as
26 provided in section 45-36.J. the same as for the CA commercial district.
27 I. Landscape standards. Landscaping shall be required in the following areas
28 as required by the v
29 1. Miscellaneous landscape elements, as required in section 45-88;
30 2. Off-street parking lots, as required in section 45-89;
31 3. Site perimeters, as required in section 45-90, except that no perimeter
32 landscaping is required along a lot line that abuts commercial zoning; and
33 4. Base of foundation, as required by section 45-91.
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1 Sec. 45-33. C-S shopping C-1 neighborhood commercial district.
2 General description. This shopping neighborhood commercial district is
3 established to provide that the principal use of land is devoted to community and
4 neighborhood shopping and to tourism-related transient uses and to encourage the
5 development of these locations for such uses and in such manner as to minimize
6 congestion and interference with other land uses.
7 A. Uses permitted. Within any C-S C-1 neighborhood commercial district, no
8 building, structure, land or water shall be used, except for one (1) or more of
9 the following uses:
10 1. Reserved. Any use permitted in the C-1A limited commercial district.
11 2. Any retail business or commercial use including neighborhood
12 commercial use that meets the daily living needs of village residents
13 and which does not involve the manufacturing or processing of
14 products; provided, however, automobile repair shops are not a
15 permitted use except as an accessory use to an automotive service
16 station or retail automobile tire store.
17 3. Transient commercial uses serving either the motoring public or
18 village residents including hotels and motels, conference and retreat
19 facilities, filling stations, sale of convenience goods, and restaurants.
20 4. Personal service establishments, including, but not limited to, banks,
21 barbershops, bowling alleys, beauty salons, medical and dental clinics,
22 professional and other offices, funeral homes, shoe repair shops,
23 laundry pickup stations and self-service laundries, furniture display
24 stores and drugstores.
25 5. Mobile home park.
26 6. Adult entertainment establishments.
27 7. Religious worship or related religious activities.
28 8. Limited access self-storage facilities are defined as a fully enclosed
29 structure for indoor storage with a minimal amount of access points
30 from the exterior of the building. These exterior access points provide
31 access to interior hallways that directly serve individual storage units
32 rented to the public. No direct access from the exterior of the building
33 to an individual storage unit is permitted.
34 9. Dog daycare, as defined and regulated in the I-1 zoning district.
35 10. Restaurants and cocktail lounges.
36 11. Nursery and private schools.
37 12. Marinas and their accessory uses such as wet boat storage facilities,
38 indoor dry boat storage facilities, gasoline supplies and such minor
39 repair facilities as are incidental to boat storage and which do not
40 involve major boat and/or engine overhaul.
41 13. Multiple-family dwelling structures as a component of a commercial
42 planned unit development containing a commercial component
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1 including retail and non-retail commercial facing a primary street
2 frontage with a depth to be determined by the village council.
3 * * *
4 E. Off-street parking regulations.
5 1. Reserved. Same as for the C-1A limited commercial district for
6 churches, motels, hotels, time-share units and restaurants.
7 2. For general business, commercial or personal service establishments,
8 one (1) space for each two hundred (200) square feet of nonstorage
9 first floor area, plus one (1) space for each two hundred (200) square
10 feet of nonstorage area above the first floor.
11 3. Medical or dental offices or clinics, one (1) space for each one
12 hundred fifty (150) square feet of floor area, up to three thousand
13 (3,000) square feet; one (1) additional space for each additional two
14 hundred (200) square feet of floor area up to five thousand (5,000)
15 square feet; one (1) additional space for each additional two hundred
16 fifty (250) square feet of floor space in excess of five thousand (5,000)
17 square feet.
18 4. Offices, one (1) space for each three hundred (300) square feet of floor
19 area used for office purposes.
20 5. Schools and public buildings, one (1) space for each four (4) seats in
21 the main auditorium or place of assembly.
22 6. Theaters, auditoriums, one (1) space for each four (4) seats.
23 7. No parking shall be permitted in the first ten (10) feet of the required
24 front yard depth, measured from the front property line. The restriction
25 against parking in the first ten (10) feet of the required front yard depth
26 measured from the front property line shall not apply to those
27 properties which have complied in full with the landscaping provisions
28 of this code. chapter 41-16 through 41-25 \[chapter 27, article III\], both
29 inclusive.
30 8. Furniture display stores, one (1) space for each four hundred (400)
31 square feet of sales area.
32 9. Retail business with floor area in excess of fifty thousand (50,000)
33 square feet, one (1) space for each two hundred fifty (250) square feet
34 of non-storage floor area.
35 10. Limited access self-storage facilities, one (1) space for each two
36 hundred (200) storage units plus five (5) customer parking spaces.
37 11. Marinas:
38 i) one (1) space for every two (2) wet boat slips.
39 ii) one (1) space for every six (6) dry boat slips.
40 12. Motels and hotels, one (1) space for each guest bedroom, plus one (1)
41 additional space for each five (5) employees.
42 13. Churches, the same as for the R-2 multiple-family dwelling district.
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1 14. Restaurants, one (1) space for each seventy-five (75) square feet of
2 floor area devoted to patron use, or one (1) space per three (3) fixed
3 seats, whichever is the greater, and one (1) space for each one and one-
4 half (1½) projected employees who would be actually working during
5 peak employment hours.
6 * * *
7 G. Conditions for permitted uses:
8 1. A car wash and car waxing business whether in conjunction with a
9 filling station or as an independent enterprise shall be allowed to
10 utilize an awning structure or structure which shall be located in the
11 rear yard with a minimum five-foot setback and within the building
12 side lines extended.
13 2. All activities, sales and storage of goods must be conducted entirely
14 within completely enclosed buildings with permanent nonmoving
15 outside walls. The following exceptions apply:
16 i) Restaurants that qualify under outdoor seating provisions of
17 Appendix CZoning.
18 ii) Marinas with enclosed new boat retail display area may utilize
19 outdoor rear and side yard site area for ground level new boat
20 storage, rigging, minor repair and display subject to the
21 following conditions:
22 a. Outdoor storage, rigging, minor repair and display areas
23 shall be completely screened from the view of the street
24 right-of-way and adjacent properties with an opaque wall or
25 fence to a height of six (6) feet.
26 b. The area of outdoor storage, rigging and display area shall
27 not exceed the enclosed retail display floor area, including
28 retail display area office space, or fifteen (15) percent of
29 the total site area, whichever is less.
30 iii) Outdoor runs/dog exercise areas which are accessory to
31 veterinary clinics. All such outdoor runs/dog exercise areas shall
32 comply with the requirements of Section 45-38.D.12.d of this
33 code.
34 3. No outside sidewalk or parking lot storage or display of merchandise
35 will be permitted.
36 4. Limited access self-storage facilities shall only be allowed on
37 properties within commercial planned unit developments and
38 accompanied by the following conditions:
39 i) All exterior service doors must be not visible from any public
40 street or adjacent property.
41 ii) All buildings must be a maximum of two (2) stories with
42 architectural treatment to reflect the actual number of stories.
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1 iii) No blank walls shall be permitted.
2 iv) A mix of uses must be provided that includes a minimum of ten
3 (10) percent Gross Floor Area (GFA) retail or professional office
4 (excluding the on-site management office for the self-storage
5 facility).
6 v) A minimum of one thousand (1,000) feet separation from
7 property line to the closest adjacent property line shall be
8 required between limited access self-storage facilities.
9 5. All new marinas and major improvements to existing marinas shall
10 provide sewage pump-out service to boats seven (7) meters (twenty-
11 two and ninety-seven hundredths (22.97) feet) in length or more.
12 Major improvements include adding wet or dry boat slips; constructing
13 new buildings; adding or expanding fueling facilities, and other
14 improvements of a comparable scale as determined by the community
15 development director.
Proposed Changes to C-1 Zoning District Page 4 of 4
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1 Sec. 45-34. C-G general commercial district.
2 A. Uses permitted. Within any C-G C-2 commercial district, no building
3 structure, land or water shall be used, except for one or more of the
4 following uses:
5 1. Any use permitted in the C-S C-1A limited commercial district.
6 2. Any retail business or commercial use which does not involve the
7 manufacturing or processing of products.
8 3. Personal service establishments, including, but not limited to, banks,
9 barbershops, bowling alleys, beauty salons, medical and dental clinics,
10 professional and other offices, funeral homes, filling stations, shoe
11 repair shops, laundry pickup stations and self service laundries,
12 furniture display stores and drugstores.
13 4. Full service automotive dealerships and accessory uses including paint
14 and body shops, repair shops and garages, limousine service and
15 towing service.
16 5. Retail and wholesale sales of new vehicular parts, equipment and
17 accessories without on-site installation.
18 6. Automobile service shops such as full service vehicle repair shops,
19 muffler shops, tire shops, lubrication and oil change, window tinting,
20 wash and detailing.
21 7. Automobile, truck and trailer rental business.
22 8. Adult entertainment establishment.
23 9. Limited Access Self Storage Facilities, which are defined as a fully
24 enclosed structure for the purpose of indoor storage, with a minimal
25 amount of access points from the exterior of the building. These
26 exterior access points provide access to interior hallways that directly
27 serve individual storage units rented to the public. No direct access
28 from the exterior of the building to an individual storage unit is
29 permitted.
30 B. Development standards. Every commercial use located within the C-G C-2
31 commercial district shall be so developed as to comply with the following
32 performance standards:
33 1. Outside display: Outside display areas for sale, lease or rental of
34 vehicles shall be designed as follows:
35 (a) Vehicles may be stored on an approved parking surface without
36 reference to parking stalls, stall striping or wheel stops. This type
37 of parking shall be allowed only pursuant to a site plan and
38 appearance review and approval subject to Article III of Chapter
39 6 of the Village Code of Ordinances.
Proposed Changes to C-2 Zoning District Page 1 of 4
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1 (b) Interior landscaping requirements within outside display areas
2 pursuant to Article VIII III of this chapter 27 of the Village Code
3 of Ordinances shall be met by transferring the required
4 landscaping to the perimeter of the site abutting public rights-of-
5 ways. The transferred landscaped areas shall be designed and
6 located so as to mitigate and buffer the impact of the aggregated
7 vehicle storage area.
8 2. Locational and physical restrictions:
9 (a) Repair facilities and paint and body shops shall be located at
10 least one hundred (100) feet from any residentially-zoned lot.
11 Service bay doors shall not be oriented toward any adjacent
12 residentially-zoned property nor oriented toward any adjacent
13 public street.
14 (b) Accessory fuel pump islands and automated wash facilities for
15 vehicles shall not be located within one hundred (100) feet of any
16 residentially-zoned property. Wash facilities shall be located
17 within a completely enclosed building. Fuel pump islands shall
18 be located within an enclosed area so that they are not visible off
19 premises.
20 (c) The sale, lease or rental of automobiles, trucks, motorcycles, and
21 recreational vehicles is allowed only on lots which meet the
22 following minimum dimensions and area:
23 (1) Minimum frontage of 125'.
24 (2) Minimum width of 125'.
25 (3) Minimum depth of 200'.
26 (4) Minimum area of 1.5 acres.
27 3. Limited access self-storage facilities shall be accompanied by the
28 following conditions:
29 (a) All exterior service doors must not be visible from any public
30 street or adjacent property.
31 (b) The architectural treatment of all buildings must reflect the actual
32 number of stories.
33 (c) No blank walls shall be permitted
34 (d) A mix of uses must be provided that includes a minimum of ten
35 percent (10%) Gross Floor Area (GFA) retail or professional
36 office (excluding the on-site management office for the self-
37 storage facility).
38 (e) A minimum of one thousand (1,000) feet separation from
39 property line to the closest adjacent property line shall be
40 required between limited access self-storage facilities.
Proposed Changes to C-2 Zoning District Page 2 of 4
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1 C. Use and operating restrictions. Every commercial use located within the
2 C-G C-2 commercial district shall be so operated as to comply with the
3 following performance standards:
4 1. No industrial equipment or vehicles shall be sold, leased, rented or
5 otherwise stored within the C-G C-2 district. For purposes herein,
6 industrial equipment is defined as equipment used primarily for
7 purposes other than transportation or hauling. Trucks other than pickup
8 trucks, vans and jeeps shall be displayed in areas separated from a
9 public right-of-way by a building.
10 2. No vehicle shall be parked for display purposes with its hood or trunk
11 open, nor elevated off the ground in any way. Vehicles shall not be
12 parked in any right-of-way or driveway.
13 3. Advertising, flags, pennants, streamers, balloons, signs or vehicle
14 stock numbers shall not be displayed on any vehicle or equipment.
15 Similar objects or advertising designed to attract the public's attention
16 shall not be displayed outdoors on any lot, building, vehicle or
17 equipment.
18 4. Any areas designated for the off-loading of vehicles or for loading and
19 deliveries shall be located to the rear of buildings and shall be located
20 so as to contain noise on-site. These areas shall not be located closer
21 than one hundred (100) feet from any residentially-zoned lot and shall
22 be appropriately designated, marked and signed.
23 5. Dealers are prohibited from using streets in a residential zone for the
24 testing of vehicles after servicing and for the demonstration of
25 vehicles.
26 6. Exterior lighting fixtures shall not exceed twenty-five (25) feet in
27 height; shall be directed away from adjacent properties; shall confine
28 light to the site only; and shall not exceed when measured at any
29 property line, the following illumination:
30 (a) One hundred (100) foot-candles within display areas.
31 (b) Forty (40) foot-candles within all areas.
32 (c) After 11:00 p.m., the illumination in display areas shall be
33 reduced to fifty (50) foot-candles.
34 7. No outdoor speakers or public address systems that are audible from
35 the exterior of the site shall be permitted.
36 8. Customer parking shall be marked with an above grade sign and shall
37 be physically separated from the vehicle sales, storage and display
38 area. This barrier may be in the form of a landscape strip, curbing or
39 removable bollards.
Proposed Changes to C-2 Zoning District Page 3 of 4
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1 9. The height of buildings, the site area of buildings, yard spaces, and
2 floor area regulations in the C-G C-2 zoning district shall be the same
3 as required in the C-S C-1 neighborhood commercial district, with the
4 following exception: Limited access self-storage facilities shall be
5 limited to a maximum of three (3) stories in height.
6 10. With the following exceptions, off-street parking regulations shall be
7 the same as for the C-S C-1 neighborhood commercial district:
8 (a) Full-service automotive dealerships, Customer and employee
9 parking requirements; One (1) space for each five hundred (500)
10 square feet enclosed floor area, plus one (1) space per each four
11 thousand five hundred (4,500) square feet of outdoor sales
12 display and rental area, plus one (1) space per service bay, plus
13 one (1) space per employee of the shift of largest employment.
14 Parking for vehicle storage, sales or display may not be counted
15 toward meeting the number of required off-street parking spaces
16 or to be provided for customers and employees.
17 (b) Limited access self-storage facilities, one (1) space for each two
18 hundred (200) storage units plus five (5) customer parking
19 spaces.
Proposed Changes to C-2 Zoning District Page 4 of 4
"O?@9@K ¬ +˴,7 KF U+˴
1 Sec. 45-35.3. C-NB Northlake Boulevard commercial district.
2 overlay zoning district (NBOZ).
3 A RTICLE 1 E STABLISHED.
4 The Northlake Boulevard commercial overlay zoning district (NBOZ) shall
5 consist of that portion of real properties within the village on the north side of that
6 front upon or are adjacent to Northlake Boulevard between Alternate A1A and US
7 Highway 1 as indicated on the official zoning map.
8 A RTICLE 2 C ONSISTENCY W ITH C OMPREHENSIVE L AND U SE P LAN
9 The establishment of the C-NBOZ district is hereby declared consistent with
10 the village comprehensive plan.
11 A RTICLE 3 G ENERAL P ROVISIONS
12 Sec. 3-1 Applicability.
13 A. Applicability. The provisions of the C-NBOZ district shall apply to all
14 existing and future development within the boundaries of the C-NBOZ
15 district as follows:
16 1. All new development.
17 2. All renovations, additions, or redevelopment to existing structures
18 where the cost of such is greater than fifty (50) percent of the assessed
19 improvement value of the parcel, indicated on the most recent tax roll
20 of Palm Beach County Property Appraiser, or an increase of greater
21 than twenty (20) percent of the square footage of the existing structure
22 shall conform to one hundred (100) percent of the C-NBOZ
23 Regulations.
24 3. When the use of an existing structure ceases for one hundred eighty
25 (180) consecutive days, or as otherwise determined to be a
26 discontinued or abandoned use by the local zoning code.
27 B. Invalid approvals. Invalid development orders or permits of projects, which
28 have been revoked or have expired shall be subject to all applicable
29 provisions of the C-NBOZ district.
30 C. Conflict with other applicable regulations.
31 1. When the provisions of the NBOZ district conflict with other village
32 regulations applicable to the site, the most restrictive provisions shall
33 prevail.
34 2. Provisions addressed within the village regulations that are not
35 addressed within the NBOZ district remain applicable in the
36 development or redevelopment of a site in the NBOZ.
Proposed Changes to NBOZ Overlay Page 1 of 8
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1 Sec. 3-2 Procedures, variances, and waivers. and regulations.
2 A. Submittal and review procedures. Development or redevelopment within
3 the corridor shall adhere to the regulations imposed by the C-NBOZ district.
4 Compliance with the standards of the C-NBOZ district shall be
5 demonstrated by submittal of architectural drawings and a site development
6 plan or site improvement plan in accordance with village regulations, which
7 generally require site plan and appearance approval before building and
8 other permits may be issued. The development order That approval shall
9 reflect the restrictions imposed by the C-NBOZ district.
10 B. Use regulations. Restrictions which may be imposed in the NBOZ district
11 shall be limited to the following:
12 1. Reducing the number of land uses permitted by right and permitted by
13 conditional use within the NBOZ district;
14 2. Eliminating inappropriate land use within the NBOZ district;
15 3. Limiting maximum building or impervious coverage permitted;
16 4. Management of access to abutting and nearby roadways, including
17 specific design features intended to reduce adverse traffic impacts; or
18 5. Any other specific site development regulations required or authorized
19 by these provisions.
20 C. Review procedures. Unless otherwise stated within these provisions, the
21 review procedures for development and redevelopment of applicable sites
22 within the NBOZ district shall be pursuant to the village's review procedures
23 and approval process.
24 D. Waivers and variances. Waivers and variances from the NBOZ regulations
25 may be granted by the village: reviewing projects which are subject to the
26 NBOZ regulations.
27 B. 2. Variances. Variances may be granted by the village to standards in the
28 C-NB district using the same procedures and criteria, which the village uses
29 in granting variances from other regulations (see section 45-50). its code.
30 C. 1. Waivers. Waivers from the NBOZ regulations may be granted by the
31 village to certain standards in the C-NB district in accordance with the
32 applicable village procedures for granting waivers (see section 45-51), with
33 these additional requirements: from its own code of ordinances.
34 1. The waiver process in the C-NB district cannot be used to:
35 a. Increase the allowable residential density or building height.
36 b. Add uses that are not allowable under this code.
37 2. These additional findings must be made before the village approves a
38 waiver in the C-NB district:
39 a. The proposed waiver meets the intent of the Northlake Boulevard
40 regulations adopted concurrently by the village, county, Town of
41 Lake Park, and City of Palm Beach Gardens.
Proposed Changes to NBOZ Overlay Page 2 of 8
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1 A RTICLE 4 Z ONING R EGULATIONS
2 Sec. 4-1 Development review regulations.
3 A. Allowable Uses. Table 4-1 indicates allowable uses in the C-NB district.
4 1. The uses listed in Table 4-1 are grouped into four use groups:
5 Residential Uses, Lodging Uses, Business Uses, and Civic &
6 Education Uses.
7 2. In one of the columns following each listed use, a symbol is provided
8 to indicate that:
9 a. This use is permitted by right; or
10 b. This use may be approved as a special exception; see section 45-
11 16.2 for standards and procedures; or
12 c. This use, like other uses not listed in Table 4-1, is not permitted
13 in the C-NB district.
14 3. Terms in Table 4-1 are defined in section 45-
15 4. Also refer to section 45-16.1 on uses that are similar to uses listed in
16 Table 4-1.
17 A. Conditional use and special permit use. Conditional uses and special permit
18 uses are generally compatible with the other uses permitted in the district,
19 but which require individual review as to their location, design,
20 configuration, intensity and/or density of use, buildings and structures, and
21 may require the imposition of conditions in order to ensure the
22 appropriateness of the use at a particular location. The supplemental
23 regulations outlined in section 4-3 of this article are to be considered in
24 addition to the existing village standards; however, the most restrictive
25 regulations apply. Special permit uses are generally temporary for a
26 specified fixed period of time.
27 1. Standards for conditional uses and special permit uses. These uses
28 shall be permitted only if the applicant for conditional use or special
29 permit use approval demonstrates the following:
30 a. The proposed use is in compliance with all requirements of and
31 is consistent with the general purpose, goals, objectives and
32 standards of the village's land development regulations and
33 comprehensive development plan;
34 b. The proposed use will not have an undue adverse effect on
35 nearby properties;
36 c. The proposed use is compatible with the existing or planned
37 character of the neighborhood in which it would be located; and
38 d. All reasonable steps have been taken to minimize any adverse
39 effect of the proposed use on the immediate vicinity through site
40 design, landscaping and screening.
Proposed Changes to NBOZ Overlay Page 3 of 8
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1
Table 4-1___Allowable Uses
P ERMITTED S PECIAL N OT
U SE E XCEPTION P ERMITTED
R ESIDENTIAL U SES
Mobile home park
Dwelling, one family detached
Dwelling, all other dwelling types
Live/work unit
Assisted living facility
Community residential home
L ODGING U SES
Bed-and-breakfast establishment
Hotel
Motel
Time-share unit
B USINESS U SES
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
C IVIC & E DUCATION U SES
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
Proposed Changes to NBOZ Overlay Page 4 of 8
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1 2. Conditions on conditional uses and special permit uses. The village
2 council shall attach such conditions, limitations and requirements as
3 are necessary to carry out the purpose of the village's land
4 development regulations and comprehensive development plan and to
5 prevent or minimize adverse impacts on adjacent properties, including,
6 but not limited to, conditions relating to the size and intensity of the
7 use, landscaping, lighting, adequate ingress and egress, traffic
8 circulation and hours of operation. Such conditions shall be set forth
9 expressly in the resolution granting the conditional use or special
10 permit use.
11 3. Review by village council. The village council shall conduct a public
12 hearing on a conditional use or special permit use application and
13 determine whether the request meets the criteria established in this
14 section. At the close of the public hearing, the village council shall
15 either adopt a resolution granting the application, with or without
16 conditions, or deny the application.
17 B. Prohibited uses. Uses not listed in the use chart are prohibited unless it is
18 determined by the village that the requested use is similar in nature to a
19 listed use and not contrary to the intent of the NBOZ.
20 B. Building height. Building height is regulated through the architectural
21 standards in Article 5; in no case may a building in the C-NB zoning district
22 exceed 4 stories in height. For the purpose of calculating the number of
23 stories in a building, stories shall be defined as the space between finished
24 floor and finished ceiling, adjusted as follows:
25 1. Each level devoted to parking is considered as individual story when
26 calculating the number of stories in a building.
27 2. A mezzanine will not count towards the number of stories provided
28 that the total area of mezzanine level is less than 40 percent of the
29 floor area of the main story below.
30 C. Existing planned development districts. Properties within the jurisdiction
31 of the village, which have a PUD designation at the time of adoption of the
32 original NBOZ overlay in 2003, shall be permitted to have uses and design
33 guidelines in accordance with the development order for that planned
34 development district so long as the development order is in effect. Any
35 amendment to the PUD will have to comply with the design guidelines of
36 the current C-NBOZ district.
37 D. Variances. A variance from the supplementary use standards established in
38 this article shall not be granted by the village.
39 D. E. Accessory use. An accessory use is customarily associated with the
40 principal use, incidental to the principal use, and subordinate in area, extent
41 or purpose, and serves only the principal use. Accessory uses shall be
42 subject to the following:
43 1. All accessory uses shall be located on the same lot as the principal use.
Proposed Changes to NBOZ Overlay Page 5 of 8
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1 2. A use that is an accessory to a nonresidential principal use shall not
2 exceed thirty (30) percent of the floor area or business receipts of the
3 principal use.
4 F. E. Parking and loading. Properties will retain the existing parking ratios as of
5 the date of adoption of the C-NB Code, which are listed in C-S code section
6 45-33.E. A new mixed-use development or mixed-use redevelopment may
7 be granted the mixed-use parking standards listed in Table 16.A within 45-
8 31.H.
9 a. Physical standards for parking lots, driveways, and loading are
10 provided in subsection 45-36.J.
11 b. Mixed-use developments qualify for the shared-parking percentage
12 reductions specified in Figure 14 in 45-31 (H) provided the
13 development includes at least 10% of its gross floor area in a second
14 category on Figure 14 (residential, lodging, office, business, and
15 civic/education uses).
16 All parking and loading standards are governed by the village.
17 E. F. G. Measuring distances. All required distances between structures and/or
18 uses within this article shall be measured and determined irrespective of
19 existing municipal boundaries.
20 Sec. 4-2 Land use chart.
21 \[the land use chart, endnotes, and district boundaries are being deleted\]
22 F. G. Notwithstanding anything contained elsewhere within this code ordinance,
23 the properties covered by the C-NBOZ district which have approved uses
24 under the immediately prior existing underlying zoning district of the village
25 that are considered or deemed not approved uses in the land use chart above,
26 shall retain their permitted status rather than being deemed not be non-
27 conforming (see sections 45--68).
28 Sec. 4-3 Use definitions and supplemental regulations.
29 \[all use definitions and their supplemental regulations are being deleted\]
30 A RTICLES 5 THROUGH A RTICLE 8
31 In addition to the specific changes to Articles 5 through 8 identified on the following
32 pages, the following general changes are being made throughout these articles:
33 Every occurrence of the acronym is being changed to
34 C-
35 changed
36
37
38 is being C-NB
Proposed Changes to NBOZ Overlay Page 6 of 8
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1 A RTICLE 5 A RCHITECTURAL E LEMENTS
2 No additional changes are being made to Article 5.
3 A RTICLE 6 L ANDSCAPE E LEMENTS R ESERVED
4 A RTICLE 7 S IGNAGE AND O UTDOOR D ISPLAYS
5 The row in Table 7-6 that applies to the Central/West District is being deleted.
Proposed Changes to NBOZ Overlay Page 7 of 8
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1 A RTICLE 8 S ITE P LAN E LEMENTS
2 Sec. 8-2 Building orientation and placement.
3* * *
4 D. Building envelope, bulk and setback requirement. In order to establish
5 overall building envelope, bulk, and setback provisions within the C-NBOZ
6 district, the following regulations are established for the purposes of this
7 section.
8 Table 8-2 --- Proposed Setbacks
9\[delete columns headed West, Central and Marine\]
10 Sec. 8-4 Pedestrian amenities.
11 A. General design. Uses shall contribute to pedestrian-friendly focal spaces
12 through the provision of aesthetic walking paths, pedestrian spaces with
13 furnishings, public art, generous plantings, marked crosswalks, and
14 vehicular parking and circulation areas clearly separated from such
15 pedestrian amenities.
16 1. Sidewalks shall be of barrier-free design to the greatest extent
17 possible.
18 2. Pedestrian circulation systems shall include gathering/sitting areas.
Pedestrian Amenities
19 B. Width and materials. Sidewalks shall be a minimum of five (5) feet in
20 width and shall be constructed of stone, textured cement, concrete pavers, or
21 brick.
22 C. Pedestrian entrances.
23 1. Major public entrances shall be located along Northlake Blvd.
24 2. A clearly designated pedestrian walkway and similar pedestrian-
25 oriented facilities shall be provided from public sidewalks to public
26 entrance or walkways within a commercial site, as well as between
27 abutting commercial properties.
28 D. Pedestrian walkway to Earman River (C-17 Canal). A clearly designated
29 pedestrian walkway shall be provided from public sidewalks to the rear lot
30 line on all properties located between US Highway 1 and a point 200 feet
31 east of the centerline of Southwind Drive. This requirement shall not apply
32 if the location of existing buildings make it impractical.
Proposed Changes to NBOZ Overlay Page 8 of 8
Exhibit 7 (Landscaping)
1 ARTICLE VIII. - LANDSCAPING
2 Sec. 45-81. 6-1. - Intent.
3 A. Purpose and intent. The provisions of this section are intended to ensure
4 that properties within the NBOZ Village meet minimum landscaping
5 standards in order to:
6 1 Improve and sustain the aesthetic appearance of the village through
7 creative landscaping which helps to harmonize and enhance the natural
8 and built environment.
9 2. Promote water conservation by encouraging xeriscaping Florida-
10 friendly landscape principles and utilization of native and drought
11 tolerant landscape material and utilization of water conserving
12 irrigation practices;
13 3. Provide a visual buffer between otherwise incompatible types of land
14 uses and adjacent rights-of-ways.
15 4. Encourage innovative and cost-effective approaches to the design,
16 installation, and maintenance of landscaping.
17 B. Landscape principles. The Village promotes Florida-friendly landscaping
18 as defined in F.S. § 373.185 and requires that installed landscapes be
19 designed and maintained with full consideration of the following principles:
20 1. Specify the right plant in the right place by selecting pest-resistant
21 plants that match the sites soil, light, water, and climate conditions,
22 with an aim for a diversity of trees, shrubs, groundcover, and flowers.
23 2. Design for more efficient irrigation by grouping plants with similar
24 watering needs together and zoning the irrigation system accordingly.
25 3. Select sustainably harvested mulch for landscape beds and around tree
26 trunks.
27 4. Use proper maintenance practices, including fertilizing appropriately
28 to prevent pollution and maximize plant health and spot-treating pests
29 with selective spectrum pesticides.
30 Sec. 45-82. 6-2. - Administration.
31 A. Applicability. The provisions of this article shall apply to all existing and
32 future development within the boundaries of the NBOZ village as follows:
33 1. New development. All new development.
34 2. Existing development. All existing multifamily, mixed-use,
35 commercial, and industrial development shall conform with the
36 provisions of the article by May 31, 2014. if requesting any of the
37 following types of changes to existing development or to a previously
38 approved development plan:
Proposed Landscaping Regulations Page 1 of 29
Exhibit 7 (Landscaping)
1 a. Increase in the total square footage of any building by more than
2 twenty (20) percent;
3 b. Increase in the number of structures; or
4 c. Increase in the building height of any building.
5 3. Existing development along Northlake Boulevard. See section 45-83.
6 4. Exceptions. This article does not apply to the construction,
7 renovation, or replacement of single-family or two-family dwellings.
8 B. Exemptions. All licensed plant or tree nurseries or tree farms shall be
9 exempt from the terms and provisions of this article, but only with respect to
10 those trees planted and growing which are for sale to the general public in
11 the ordinary course of the business. The landscaping required for buildings
12 and parking lots shall be provided.
13 C. Modifications. The Community Development Director may modify a
14 locational requirement for required landscaping if necessary due to site
15 constraints that were discovered after site plan and appearance approval or
16 PUD approval; however, the amount of landscaping that is required may not
17 be reduced.
18 C. Waiver. The landscape regulations may be waived in whole or part by the
19 village when a property owner has demonstrated that the requirements
20 contained in this article will reduce required parking, or substantially restrict
21 the operation of the existing business or property's use.
22 D. Compliance. Failure to install, maintain, or preserve landscaping or native
23 vegetation required in accordance with the terms of this article shall
24 constitute a violation of this article.
25 1. Failure to comply. If the property fails to meet the requirements of
26 this article, or if the existing trees, shrubbery, grass, or groundcover
27 are permitted to die, and such materials are not replaced within thirty
28 (30) days of the event, the code enforcement officer shall notify, in
29 writing, the person responsible for the maintenance or replacement of
30 such property of the need to comply with the requirements of this
31 section within thirty (30) days from the date of delivery of the notice.
32 2. Extensions. The thirty (30) day rule for compliance may be extended
33 when necessary by the village to recover from acts of nature such as a
34 hurricane or a drought.
35 3. Temporary exemptions. Temporary exemptions from compliance of
36 this section may be granted as per the village, if the violation is a
37 direct result of a natural disaster occurrence or drought.
38 4. Relocation or replacement for redevelopment. The site plan approved
39 to remedy any violation of this article shall include landscaping and
Proposed Landscaping Regulations Page 2 of 29
Exhibit 7 (Landscaping)
1 tree preservation, replacement or relocation to comply with all
2 requirements herein, including . Relocation or replacement shall
3 comply with the standards listed below.
4 a. Existing trees shall be preserved in place to the best extent
5 practical. Tree preservation shall include measures to protect
6 existing trees from construction encroachment within their
7 driplines.
8 b. Trees that cannot be preserved in place shall be evaluated by a
9 ed
10 condition rating of the tree is greater than 60%, the tree shall be
11 relocated within the project limits or within Village of North
12 Palm Beach public lands.
13 c. a. Trees having a four (4) three (3) inch or greater caliper at
14 diameter at breast height (DBH) that cannot be preserved in
15 place or relocated which are to be replaced shall be replaced by
16 the sum of three (3) caliper inches to every one (1) inch lost and
17 are of like or similar species. Replacement trees shall be a
18 minimum of three (3) inches in caliper. For example, if an
19 existing five (5)-inch caliper tree is removed from the subject
20 property, fifteen (15)-inches in caliper are required for
21 replacement. A combination of tree sizes may be utilized as long
22 as no tree is less than three (3) inches in caliper.
23 d. b. If the site cannot support the total number of required
24 replacement trees as determined herein, the village may permit
25 the owner to donate excess trees to the village for planting on
26 public lands at the owner's expense; contribute to the village the
27 monies equivalent to such required replacement trees; or permit
28 the required replacement trees to be placed upon other lands
29 owned by the same property owners.
30 c. The village may require alternative landscape solutions such as
31 additional aesthetic hardscaping, site amenities, or specimen
32 landscaping as per the intent of this article.
Proposed Landscaping Regulations Page 3 of 29
Exhibit 7 (Landscaping)
1 Sec. 45-83. 6-3. - Landscape areas in the C-NB zoning district.
2 Nonconforming
3 A. Nonconformities established. All development constructed prior to the
4 effective date of these regulations that do not conform with the provisions of
5 this article shall be considered nonconforming. 1. If nonconforming
6 landscaping is damaged or destroyed by any means to the extent of fifty (50)
7 percent or more of its replacement value at the time of the damage, the
8 replacement landscaping and elements must conform to all of the provisions
9 of this article.
10 B. Maintenance. Nonconforming landscape areas are not exempt from
11 minimum maintenance standards.
12 C. Amendments to the approved plan. The following types of amendments to a
13 previously approved development plan shall require the review of the
14 landscape plan for the entire site using the minimum landscape standards in
15 this article:
16 1. Increase in the total square footage of any building by more than
17 twenty (20) percent;
18 2. Increase in the number of structures; or
19 3. Increase in the building height of any building.
20 D. Notice of nonconforming status. All existing development along
21 Northlake Boulevard was required to conform with the new landscaping
22 regulations by May 31, 2014. On any properties where this requirement has not
23 been met, this requirement remains in effect until compliance has been achieved.
24 Upon the effective date of this article or upon the future annexation of properties,
25 the village shall contact the owners of all properties developed for nonresidential
26 purposes that do not comply with the provisions of this article. The notice shall
27 inform the property owners that the property is being placed in a nonconforming
28 \[property\] and that the owner of nonconforming property shall have eight (8)
29 years from the date of the nonconforming notice to comply with the requirements
30 set forth in this article. Written notice to the property shall be provided by
31 certified mail.
32
Proposed Landscaping Regulations Page 4 of 29
Exhibit 7 (Landscaping)
1 Sec. 45-84. 6-4. - Tree and Plant quality, species, and installation.
2 A. Minimum plant quality. Plant quality for all required landscaping shall be
3 Florida No. 1 or better, as provided in Grades and Standards for Nursery
4 Plants, Part 1 and Part 2, as amended, as published by the Florida
5 Department of Agriculture and Consumer Services. All vegetation shall be
6 clean and free of noxious pests or disease,
7 B. Preferred Low-maintenance species list. For required landscaping, 75
8 Low-Maintenance
9 Landsc (latest edition published by the
10 University of Florida IFAS Extension office). Low-maintenance plants have
11 low fertilizer requirements, few pest and disease problems, and do not
12 require frequent maintenance. Some low-maintenance species are identified
13 in this publication as native species; certain landscaping requirements in this
14 article include a minimum percentage of these native species. The preferred
15 species list contained in section 4-7 periodically revised, as needed. To the
16 greatest extent possible, the species list shall represent plants that are
17 drought tolerant plants, noninvasive; not destructive to native plants, and
18 strong wooded, non-brittle plants.
19 C. Installation.
20 1. All landscaping shall be installed with sound workmanship and sound
21 nursery practices in a manner that will encourage vigorous growth.
22 2. A plant or tree's growth characteristics shall be considered before
23 planning planting to prevent conflicts with views, lighting, utilities, or
24 signage.
25 D. Root barriers. The village shall require root barriers for trees planted within
26 fifteen (15) feet of any road right-of-way, sidewalk, or utility. In
27 determining the appropriateness of particular protection techniques, the
28 village shall use the current edition of the Tree Protection Manual for
29 Builders and Developers, published by the State Division of Forestry,
30 Florida Department of Agriculture and Consumer Services.
Proposed Landscaping Regulations Page 5 of 29
Exhibit 7 (Landscaping)
1 Sec. 6-5. New construction and substantial revision.
2 A. Landscape area. At least fifteen (15) percent of the total parcel area shall be
3 landscaped, excluding any area utilized for required parking.
4 B. Overall landscaping. The required area to be landscaped may include any
5 of the following: \[this material is being relocated to Table 45-87.B\]
6 1. Entry features;
7 2. Massing of landscaping to produce focal points;
8 3. Foundation plantings;
9 4. Trellises, arbors, and similar structures;
10 5. Planter and flower boxes;
11 6. Freestanding planters and pottery;
12 7. Sidewalk plantings;
13 8. Landscaped courtyards, loggias, patios, and similar open areas
14 available for public use; and
15 9. Materials installed within publicly owned lands.
16 Sec. 45-85. 6-6. - Prohibited and standard invasive plants.
17 A. Prohibited plantings.
18 A. 1. Artificial plants or vegetation may not be used to meet the landscaping
19 requirements of this article. shall be prohibited.
20 B. 2. Prohibited plants shall not be planted within the village. NBOZ, and
21 existing prohibited plants shall be removed if determined to be invading
22 adjacent native plant communities. The list of prohibited plant species shall
23 include all species identified as Category 1 invasive species on List of
24 Invasive Plant Species (latest edition published by the Florida Exotic Pest
25 Plant Council), specifically including the following species: , include, but
26 are not limited to Casuarina spp. (Australian Pine), Ficus bengalensis
27 (Banyan), Schinus terebinthifolius (Brazilian Pepper), Supaniopsis
28 anacardioides (Carrotwood), Acacia auriculiformis (Earleaf Acacia),
29 Pueraria montana (Kudzu), and Melaleuca quinquenervia (Melaleuca/Punk
30 Tree/Pepper Tree), and Schefflera actinophylla (Umbrella Tree).
31 C. All existing Category 1 invasive species shall be removed from existing
32 development if the thresholds in section 45-82.A.2 are exceeded.
33 B. Controlled plant species. The following species may be planted or
34 maintained under controlled conditions and shall not exceed a maximum of
35 ten (10) percent of the total number of required trees.
36 1. Black olives. Black olives shall not be installed within fifteen (15) feet
37 of any parking area.
Proposed Landscaping Regulations Page 6 of 29
Exhibit 7 (Landscaping)
1 2. Ficus species. Ficus species may be planted as individual trees or
2 hedge material provided that individual trees are no closer than thirty
3 (30) feet from any public road right-of-way, utility, or structure.
4 Hedges shall not exceed eight (8) feet in height and be regularly
5 maintained.
6 Sec. 6-7. Preferred landscape palette.
7 A. Preferred trees. Fifty (50) percent of the required trees shall be selected
8 from the list presented below.
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
9 B. Preferred shrubs and groundcovers. Fifty (50) percent of the required
10 shrubs and groundcovers shall be selected from the list presented below:
Proposed Landscaping Regulations Page 7 of 29
Exhibit 7 (Landscaping)
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
1 Sec. 45-86. Submission requirements for landscaping.
2 Plans must be submitted that demonstrate compliance with Village
3 landscaping requirements. These plans must be prepared by a landscape architect
4 authorized by chapter 481, Florida Statutes, and must contain the following:
5 A. Tree disposition plan, depicting:
6 1. Existing trees, with a unique number assigned to each tree; and
7 2. A tree survey table with the following information listed by tree
8 number corresponding to the numbered existing trees on the plan view:
9 a. Common and botanical species name
10 b. Diameter at breast height (DBH) for all trees 3DBH and greater
11 c. Clear trunk (CT) height for all palms greater than 6 CT
12 d. Proposed tree disposition (remain/protect, relocate, or remove)
13 B. Landscape plan, depicting:
14 1. Existing plant material to remain;
15 2. Existing trees and shrubs and site improvements on abutting properties
16 within 25 feet of the property lines. This information may be obtained
17 from aerial photographs and approximate locations based on field
18 observations;
19 3. The location and outline of proposed buildings and site improvements
20 including landscaping, paving, utilities, easements, and rights-of-way;
21 4. Existing site improvements to remain including buildings, paving,
22 utilities, easements, and rights-of-way;
23 5. Proposed plant materials by botanical and common names and by
24 installation size and spacing; and
25 6. Signage locations, including monument signage and wall-mounted
26 building signage.
Proposed Landscaping Regulations Page 8 of 29
Exhibit 7 (Landscaping)
1 C. Irrigation plan, containing the following:
2 1. Technical specifications for the irrigation system, as required by the
3 Florida Building Code, Plumbing for preconstruction submittals;
4 2. Water source (well/pump, canal/pump, reclaimed, potable, etc.) and/or
5 water service connection location and backflow prevention device, as
6 applicable; and
7 3. Rain and/or moisture-sensing device(s), as required by Florida Statutes
8 373.62.
9 Sec. 45-87. 6-8. Criteria for required landscaping.
10 Minimum landscape requirements.
11 A. Required landscaped areas. The following uses areas are within
12 nonresidential developments shall be required to provide landscaping: , as
13 required herein.
14 1. Miscellaneous landscape elements, as required in section 45-88;
15 2. 1. Off-street parking lots, Vehicular use areas as required in section
16 45-89 6-8;
17 3. Site perimeters, as required in section 45-90; and
18 4. 2. Building Base of foundation, as required by section 45-91. 6-12;
19 and
20 3. Signs as required by article 7.
21 B. Natural form. New trees and shrubs should duplicate natural patterns with
22 multiple plant sizes, spacing, plant clusters, and single plantings.
Proposed Landscaping Regulations Page 9 of 29
Exhibit 7 (Landscaping)
1 C. Size and configuration of plants. Minimum landscape standards. All
2 required landscapeing installed shall meet the minimum standards
3 requirements of Table 45-87-A 6-8A and as otherwise provided herein.
Table 45-87-A 6-8A
Minimum Size and Configuration Standards Landscape Requirements
Plant
Other Installation Requirements
Minimum Size at Planting
Material
12 feet with a minimum crown of 5
50% of required trees shall be selected
feet. (1)
from the preferred plant list.
All trees: 8 feet tall at planting,
75% of required trees
with a minimum crown
shall be low maintenance. (5)
Trees
at planting of 3 feet. (1)
50% of required trees
Shade trees: 12 feet tall
shall be shade trees.
at planting, with a minimum
50% of required trees shall be native trees.
crown at planting of 5 feet. (1)
8 feet clear trunk 3 palms equals 1 required canopy tree.
Palms when used for required buffer or
75% of required palms shall be
parking purposes. (2, 3)
low maintenance. (5)
See list of specimen palms in (4)
1 specimen palm shall equal
Specimen
1 shade tree or 3 palms.
Palms
12 feet clear trunk (2)
Planted not more than 36 24 inches on center.
Hedge
30 24 inches tall
75% of required shrubs shall be
Shrubs
low maintenance. (5)
60-inch trellis length, with 3 or
Vines Attached to support. (6)
more live runners at planting
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
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
Proposed Landscaping Regulations Page 10 of 29
Exhibit 7 (Landscaping)
1 D. Minimum Landscape points to exceed minimum standards. In addition to
2 meeting all other landscaping requirements, each development parcel must
3 supplement the minimum standards by qualifying for additional landscape
4 points. Points are awarded for landscape material and improvements that
5 exceed the minimum standards, including exceeding the size and volume of
6 required material.
7 1. Parcels less than 1 acre must exceed the minimum standards by 50
8 points.
9 2. Parcels between 1 and 2 acres must exceed the minimum standards by
10 100 points.
11 3. Each additional acre or portion thereof requires 50 additional points.
12 Tables 4-8B and 4-8C shall be used to determine the minimum landscape
13 points per open space a project shall be required to provide. Achieving the
14 minimum open space landscape point requirement does not exempt a project
15 from compliance with other requirements of this article.
16 4. E. Total landscaping points. Achieving the total points per open
17 space for an entire project within one or more areas does not exempt
18 one from complying with all other requirements, even if that means
19 exceeding the minimum required.
20 5. If a redevelopment project is unable to meet the point system or open
21 space requirements of this article, required landscape points may be
22 acquired by placing equivalent landscaping on public lands, parks,
23 road rights-of-way, or other similar public space, if acceptable to the
24 village and the entity that manages the land, up to a maximum of fifty
25 (50) percent reduction of required points.
Table 6-8B --- Minimum Landscape Requirements for Point System Delineation
% Open Space Points per 100 % Open Space Points per 100
Provided* Square Feet Provided* Square Feet
< 15% 22 2527% 14
16% 21 2829% 13
17% 20 3032% 12
18% 19 3334% 11
19% 18 3539% 10.5
20% 17 4049% 9.5
2122% 16 5059% 8
2324% 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
Proposed Landscaping Regulations Page 11 of 29
Exhibit 7 (Landscaping)
Table 45-87-B 6-8C Required Supplemental Landscape Installation Points
Category Points
25 per tree or palm retained
Specimen Trees or Palms (1) *
or planted additional
Specimen Plants* 15 additional
Specimen Palms* 25 additional
20 per tree retained or planted, plus
Native Trees (1) (if >5 Inches DBH)
1 point for each inch >5 DBH
Trees w/12 foot minimum height (minimum of 50% 15 plus 1 point for each foot than
from Preferred Tree Species list) (See Note 1) minimum
Low-Maintenance Trees not on Preferred Tree Species
5 per tree planted
list or < > 12 foot minimum height
3.3 per palm planted, points plus 1
Low-Maintenance Palms from Preferred Tree Species
point for each foot of clear trunk > 8
list w/minimum > 8 feet of clear trunk
feet
Courtyards, loggias, patios, and
50 points
similar open areas available for public use
Massing of landscaping including trees, shrubs,
up to 25 points
groundcover, and flowers to produce focal points
Trellises, arbors, or flower boxes up to 25 points
Sidewalks & adjoining landscaping that connect
up to 25 points
parking lots or alleys to buildings or to public sidewalks
Palms not on Preferred Tree Species List or less than 8
1
feet of clear trunk
All Shrubs (minimum of 50% from Preferred Shrub
1
Species list)
All Groundcover (minimum of 50% from Preferred
2 points per 10 square feet
Groundcover Species list)
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.
1 E. Reserved.
Proposed Landscaping Regulations Page 12 of 29
Exhibit 7 (Landscaping)
1 F. Reserved. Water conservation.
2 1. Landscape plans shall be required to use minimum water conservation
3 techniques such as the following:
4 a. Moisture-Sensing Controller (other than rainswitch).
5 b. Drip/Trickle/Micro Irrigation System.
6 c. Quality Effluent Irrigation.
7 2. Water conservation may also be obtained through the use of the following:
8 a. Florida Native Landscaping.
9 b. Very drought-tolerant trees, shrubs and groundcovers.
10 c. Native wildflowers, meadow grasses or groundcover in lieu of
11 allowable sodded area.
12 G. Specimen trees and palms. Specimen trees and palms are either: shall be
13 considered as
14 1. Existing native trees if in good health, and over thirteen (13) inches at
15 diameter at breast height (DBH), and not a Category 1 invasive species
16 (latest edition published by the
17 Florida Exotic Pest Plant Council) or larger.
18 2. A newly planted palm of a species listed in Table 45-87-A.
19 H. Shade canopy trees.
20 1. Canopy trees shall be installed in the landscape buffer at a maximum
21 of thirty (30) feet on center.
22 1. 2. The Canopy Shade trees, at maturity, shall be of a species, which
23 possess an average spread of at least twenty-five (25) feet and a clear
24 trunk of at least six (6) feet.
25 2. 3. The village staff may approve Approval of the use of shade trees
26 with a lesser mature canopy spread, provided that groupings of such
27 species are utilized to achieve the average spread.
28 I. Palm trees.
29 1. Palms must attain a minimum twelve (12) feet in height at maturity.
30 2. Palms must be resistant to lethal yellowing.
31 J. Tree species mix. When more than fifteen (15) trees are required to be planted
32 to meet the landscaping standards of this section, a mix of species shall be
33 provided according to the overall number of trees required to be planted.
34 Species shall be planted in proportion to the required mix. The minimum
35 number of species to be planted is indicated in Table 45-87-C. 6-8D.
Proposed Landscaping Regulations Page 13 of 29
Exhibit 7 (Landscaping)
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
1620 2 3 3140 4 5
2130 3 4 41 + 5 6
1 K. Native and drought-tolerant trees. 1. A minimum of fifty (50) percent of
2 all trees used to satisfy the standards of this article shall be classified as
3 native species (see section 45-84). 2. In addition, fifty (50) percent shall be
4 classified as drought-tolerant by the most recent edition of the South Florida
5 Water Management District's "Xeriscape Plant Guide."
6 L. Shrubs and hedges. groundcovers.
7 1. At least fifty (50) percent of all required hedges and shrubs shall be
8 classified as native species (see section 45-84). drought tolerant by the
9 most recent edition of the South Florida Water Management District's
10 "Xeriscape Plant Guide."
11 2. At the time of installation, required hedges and shrubs shall be a
12 minimum of twenty-four (24) inches in height, or eighteen (18) inches
13 in height for native species, spaced at a maximum of thirty-six (36)
14 twenty-four (24) inches on center.
15 3. Required hedges shall form a solid, continuous visual screen of at least
16 three (3) feet in height within two (2) years of planting.
17 4. Hedges used in combination with nonliving landscape barriers to meet
18 the six (6) feet screen requirements in section 45-88 shall be installed
19 at the height necessary to provide the total six (6) foot screen within
20 (2) years of planting.
21 M. Reserved. Sod or grass. Not more than forty (40) percent of the total
22 landscape area shall be covered with sod or grass.
23 N. Ground treatment.
24 1. The ground area within required landscaped areas which is not
25 dedicated to trees or palms, or the preservation of existing or new
26 vegetation, shall receive appropriate landscape treatment such as grass,
27 groundcover, mulch, or shrubs and present a finished appearance upon
28 planting.
29 2. Sand, gravel, shellrock, or pavement shall not be considered
30 appropriate landscape treatment.
31 3. The following standards shall apply to the design of ground treatment.
32 a. Plants. Ground cover. Live material used as ground cover shall
33 provide a minimum of fifty (50) percent coverage immediately
Proposed Landscaping Regulations Page 14 of 29
Exhibit 7 (Landscaping)
1 upon planting and one hundred (100) percent coverage within
2 one (1) year.
3 b. Mulch. Mulch shall be installed and maintained at a minimum
4 depth of three (3) inches at all times, in all planted areas not
5 containing ground cover, except leaving two inches of space
6 around tree trunks to prevent rot.
7 i) All mulch material shall be seed and weed-free to prevent
8 tree sprouting and regrowth, and shall be sustainably
9 harvested such as melaleuca, pine straw, or eucalyptus.
10 ii) Mulch shall be temporarily applied to areas not
11 immediately covered by groundcover.
12 iii) Mulch will be thoroughly wet at the time of application to
13 prevent wind displacement.
14 c. Pebble and egg rock. Pebble or egg rock may be used in a
15 limited amount as a ground treatment in areas where drainage is
16 a problem.
17 d. Lawn and turf grass. Grass areas shall be planted with species
18 suitable as permanent lawns. Use of drought-tolerant
19 groundcover instead of lawn and turf grass is encouraged.
20 O. Flowers. Flower boxes and hanging pots should complement the overall
21 architecture of the facade and not obscure architectural details. The boxes
22 should be well constructed, and accommodate watering needs without
23 allowing water to drip or leak onto the building or sidewalk.
24 P. Reserved. Redevelopment and nonconforming projects. \[content moved to
25 45-87.D.5\]
26 Q. Landscape in easements.
27 1. Landscaping may be permitted in easements with the written
28 permission of the easement holder. Trees planted within any easement
29 with overhead utilities shall be consistent with FP&L's suggested tree
30 list "Plant the Right Tree in the Right Place," taking into consideration
31 the mature height and spread of the species beneath or adjacent to
32 existing overhead utilities.
33 2. Easements may overlap a landscape buffer a maximum of five (5) feet
34 provided that there remains a minimum of five (5) clear feet for
35 planting, or if a wall with a continuous footer is used, a minimum of
36 ten (10) clear feet for planting.
37 3. The landscape buffer may be traversed by easements or access ways as
38 necessary to comply with the standards of this section.
Proposed Landscaping Regulations Page 15 of 29
Exhibit 7 (Landscaping)
1 R. Perimeter landscaping. Only access ways and easements shall be permitted
2 as interruptions in perimeter landscaping and shall be included in the
3 calculation of linear dimension. No structures or parking are to be located in
4 this landscape area.
5 S. Landscaping in public road right-of-way. Maintenance of landscaped
6 rights-of-way shall be the responsibility of the project's property owner or,
7 as agreed upon in the development order approving the project, by special
8 districts created for unified maintenance.
9 Sec. 45-88. 6-9. - Miscellaneous landscape elements.
10 A. Alternative landscape materials. A landscape plan may utilize one or more
11 materials not specifically authorized in this article and must be demonstrated
12 to be consistent with the purposes and intent of this article.
13 B. Screening required. Uses within the overlay zone that shall be required to
14 be screened from public view are identified in this section. include
15 mechanical equipment areas, parking areas, satellite dishes mounted on the
16 ground, chain-link or other non-opaque fence or wall type, accessory use
17 structures, and other elements as defined by this article.
18 C. Perimeter walls and fences.
19 1. Perimeter walls, metal or wood fences, or other nonliving landscape
20 materials may be used in conjunction with vegetation to meet required
21 screening. landscaping. The heights of walls and fences are limited by
22 section 45-36.
23 2. Approved walls or fences shall be set back from property lines
24 adjoining streets sufficiently to include landscape on the street side
25 outside of the wall or fence. Chain link fences shall have a green or
26 black vinyl covering.
27 3. Maintenance of the wall or fence and associated landscaping by the
28 property owner is required.
29 D. Storage and garbage collection sites. All outside storage and trash or
30 garbage collection sites shall be completely screened from view, utilizing
31 any approved combination of walls and fences hedge (a minimum of six (6)
32 three (3) feet in height) structural barriers, berms that will fully or any
33 combination thereof to one hundred (100) percent screen the area from view
34 except for gates.
35 E. Service areas.
36 1. Service areas of nonresidential buildings, when visible from the street
37 right-of-way or adjacent residential land use, shall have barriers and/or
38 a hedge at a minimum of six (6) feet in height to screen the service
Proposed Landscaping Regulations Page 16 of 29
Exhibit 7 (Landscaping)
1 area from this use. A hedge that is planted meet this requirement must
2 achieve this height within 2 years of planting.
3 2. Service areas may include interior or exterior work bays associated
4 with full service gas stations, tire repair, auto repair business, as well
5 as any business proposing loading or unloading docks.
6 F. Backflow preventers. Backflow preventer systems shall be screened from
7 public view, utilizing any combination of trees, palms, hedges, or other
8 barriers.
9 G. Reserved. Mulch. \[mulch standards relocated to 45-87.N.3\]
10 H. Pavers and other impervious surfaces. The use of concrete, asphalt,
11 impervious pavers, or similar impervious material, excluding sidewalks,
12 shall not exceed thirty (30) percent coverage of an open space area, and
13 shall not be wider than twelve (12) feet if used in a required landscape
14 buffer area. This limitation shall be increased to sixty (60) percent for
15 pervious concrete, pervious asphalt, and pavers set on a pervious base.
16 I. Signs. Landscaping around ground/monument signs is required and shall be
17 provided pursuant to article 7.
18 I. 2. Landscape area around signs. \[relocated from subsection 45-89.H.2\]
19 1. a. A three (3) foot wide planting area shall be required around the
20 base of all signs except signs that are mounted on buildings.
21 2. b. One (1) shrub for each ten (10) square feet of sign surface area shall
22 be installed within the three (3) foot planting area at the base of the
23 sign.
24 3. c. Ground/monument signs may be surrounded by ground cover
25 instead of shrubs.
26 4. d. Landscaping and trees which interfere with signage may be
27 relocated to the rear of the sign planting area.
28 J. Advertising. At no time shall a landscaped area be used for advertising
29 display or sales. Temporary signs may not be placed in landscaped areas.
30 K. Earth berms. Earth berms shall use long and gentle slopes and as non-
31 living landscape barriers only when installed in conjunction with plant
32 materials.
33 1. Berms five (5) feet or less in height shall have a maximum slope of
34 2:1. Berms greater than five (5) feet in height shall not exceed a ratio
35 of 3:1 in slope.
36 2. Hedges used in combination with earth berms to meet the six (6) foot
37 screen requirements in section 45-88 shall be installed at the height
38 necessary to provide the total six (6) foot screen at time of planting.
Proposed Landscaping Regulations Page 17 of 29
Exhibit 7 (Landscaping)
1 Sec. 45-89. 6-10. - Landscape requirements for off-street parking
2 lots. areas.
3 A. Landscape buffer. A landscape buffer, at least five (5) feet in width, shall
4 be provided along all sides of parking lots, excluding a side or sides that
5 abut a building. This buffer strip shall be planted with shade trees at a
6 maximum spacing of thirty (30) feet on center and with a continuous hedge
7 that will be maintained at least three (3) feet high.
8 B A. Minimum spacing of shade trees.
9 1. The minimum shade tree spacing for interior parking lots areas shall
10 be such that the center of any parking space is not more than thirty
11 (30) forty (40) feet from the center of a the shade tree.
12 2. A shade tree may be replaced by a minimum of three (3) palms
13 clustered together, as long as the affected parking bays are more than
14 fifty (50) feet from a public street.
15 C B. Landscape islands.
16 1. Interior islands. An interior landscape island shall be required for
17 every wherever nine (9) or more parking spaces are located in a row.
18 a. Interior islands shall be spaced a maximum of ninety (90) feet
19 apart.
20 b. Interior islands shall measure at least (15) feet in length and eight
21 (8) feet in width, measured from back of curb to back of curb.
22 c. A minimum of one (1) shade tree shall be planted in each interior
23 island, in addition to shrubs and mulch or ground cover.
24 2. Terminal islands. Each row of parking spaces shall be terminated by
25 landscape islands.
26 a. Terminal islands shall measure at least (15) feet in length and
27 eight (8) feet in width, measured from back of curb to back of
28 curb.
29 b. A minimum of one (1) shade tree shall be planted in each
30 terminal island, in addition to shrubs and mulch or ground cover.
31 3. 2. Landscape diamonds. The use of Landscape diamonds may be
32 substituted for interior landscape islands parking lot tree planting is
33 permitted as per this section for parcels less than 1 acre, but not for
34 terminal excluding islands at the end of parking rows.
35 a. I. Landscape diamonds. 1. On these small parcels, landscape
36 diamonds may be distributed throughout the interior of an off-
Proposed Landscaping Regulations Page 18 of 29
Exhibit 7 (Landscaping)
1 street parking lot area to provide shading of parked motor
2 vehicles as an alternative to interior landscape islands.
3 b. 2. Landscape diamonds Tree planting areas shall be located only
4 at the common intersection of four (4) parking spaces and spaced
5 no greater than four (4) spaces apart.
6 c. 3. The ground within the diamond tree planting area shall
7 receive appropriate landscape treatment, including shrubs and
8 mulch or groundcover.
9 d. 4. The minimum diamond size tree planting area shall be
10 twenty-five (25) square feet and the minimum dimension shall be
11 five (5) feet by five (5) feet, not including curb treatment.
12 e. A minimum of one (1) tree shall be planted in each diamond, 3.
13 Each planter island shall contain at least one canopy tree for each
14 one hundred (100) square feet of area or fraction thereof, in
15 addition to shrubs and mulch or ground cover.
16 4. Terminal and landscape islands. Each row of parking spaces shall be
17 terminated by landscape islands, which measure a minimum of eight
18 (8) feet in width, excluding required curbing, and fifteen (15) feet in
19 length. A minimum of one hundred twenty (120) square feet of
20 pervious surface areas shall be provided. A minimum of one (1) tree
21 shall be planted in each terminal island.
22 5. Interior landscape islands. A minimum of one (1) interior landscape
23 island shall be provided for every nine (9) parking spaces or fraction
24 thereof and shall be spaced a maximum of ninety (90) feet apart.
25 Interior islands shall measure not less than eight (8) feet in width,
26 excluding required curbing, and fifteen (15) feet in length. A minimum
27 of one hundred twenty (120) square feet of pervious surface areas shall
28 be provided. A minimum of one (1) tree shall be planted in each
29 interior island.
30 6. Lots equal to or less than one (1) acre. For lots equal to or less than
31 one (1) acre, terminal and interior landscape islands shall be a
32 minimum of five (5) feet in width, excluding required curbing, and
33 fifteen (15) feet in length.
34 C. Divider median.
35 1. Divider medians shall be installed between rows of parking and
36 between all parking/vehicular use areas.
37 2. One (1) tree shall be planted for each thirty (30) linear feet of a divider
38 median, or fraction thereof.
39 3. The minimum width shall be five (5) feet of un-encroached landscape
40 area.
Proposed Landscaping Regulations Page 19 of 29
Exhibit 7 (Landscaping)
1 D. Minimum size for landscape areas.
2 1. The minimum landscape area shall contain no dimension less than five
3 (5) feet in width, measured from the inside of the curb.
4 2. There shall be no landscape area smaller than twenty-five (25) square
5 feet.
6 3. Landscape areas within interior parking areas may be reduced if the
7 areas shall constitute an obstruction in use of a building structure,
8 providing the reduced square footage is relocated so as to emphasize
9 entrance corridors or special landscaped areas within the general
10 parking area.
11 D. E. Protection of landscape areas. All landscape areas shall be protected by
12 curbs or wheel stops from vehicular encroachment and from the damages
13 caused by vehicles overhanging into landscape areas.
14 1. Landscaping. In addition to grass, Landscaping shall be required to
15 be at least twenty four (24) thirty (30) inches from the edge of the
16 wheel stop or curbing.
17 2. Overhang areas. Vehicle parking areas designed to permit vehicles
18 overhanging into landscaped areas shall not be permitted to count the
19 first thirty (30) inches of landscape area as open space.
20 23. Curbing. All landscape areas subject to vehicular encroachment shall
21 be separated from vehicular use areas by six (6) inch, non-mountable,
22 FDOT-type 'D' or FDOT-type 'F', concrete or asphalt curbing. The
23 curbing shall be machine-laid, formed-in-place or integral with the
24 pavement. Curbing may be interrupted to accommodate drainage,
25 paths, or sidewalks.
26 34. Wheel stops.
27 a. Wheel stops shall have a minimum height of four (4) six (6)
28 inches above finished grade of the parking lot area, shall be
29 properly anchored, and continuously maintained in good
30 condition.
31 b. The space between the wheel stop and the end of the parking
32 space may be paved as required by the building division for
33 anchoring and maintenance purposes.
34 c. Wheel stop anchor rods shall be set through the pavement and
35 the bottom of the wheel stop must rest fully on the pavement to
36 prevent rocking.
Proposed Landscaping Regulations Page 20 of 29
Exhibit 7 (Landscaping)
1 F. Hedges.
2 1. All parking, loading, or storage areas adjacent to the right-of-way,
3 including driveways to parking lots, shall include a continuous hedge
4 that is maintained at a minimum of three (3) feet at maturity.
5 2. "Dwarf" hedges may be installed and maintained at a minimum height
6 of eighteen (18) inches when adjacent to an automobile sales display
7 area.
8 G. Maintenance. Regular maintenance of vehicular use areas adjacent to all
9 landscape areas shall include replacement of broken curbs or curb stops as
10 needed to keep the general appearance in good condition and safe.
11 H. Safe sight distance triangles. \[moved to subsection 45-90.C\]
12 2. Landscape area around signs. \[moved to subsection 45-88.I\]
Proposed Landscaping Regulations Page 21 of 29
Exhibit 7 (Landscaping)
1 Sec. 45-90. 6-11. Landscape requirements for site perimeters.
2 Minimum landscape buffer and planting requirements.
3 A. Minimum buffer width for site perimeters. required. A landscape buffer of
4 the widths specified in Table 45-90 shall be provided a minimum of eight
5 (8) feet in width around the perimeter of all parcels in the specified zoning
6 districts.
Table 45-90 Minimum Buffer Widths
Front Yard Side Yard Rear Yard
1
8 feet 5 feet 5 feet
R-3
2
5 feet 5 feet
C-MU
3
8 feet 10 feet 5 feet
C-2
2 4
5 feet 5 feet
C-3
5 feet 5 feet
C-NB
5
All other commercial
5 feet 5 feet 5 feet
I-1
see section 45-38
7 NOTES:
1
8 Only required in side yards that adjoin R-1 or R-2 districts
2
9 Does not apply to all building frontage types; along US Highway 1 and Northlake
10 Boulevard, the front yard landscape buffer may not be planted on a sidewalk
11 easement (see subsections 45-31.E.6 and 45-34.1.H)
3
12 Not required on parcels that adjoin the railroad right-of-way
4
13 Only required on parcels that adjoin US Highway 1 or Northlake Boulevard (see
14 subsection 45-34.1.H)
5
15 Only required in side yards that adjoin less intense zoning districts (e.g. any
16 residential district)
17 However, additional buffer width shall be provided as indicated below:
18 1. A minimum landscape buffer of ten (10) feet in width shall be required
19 on lands located adjacent to public rights-of-ways that are one hundred
20 ten (110) feet wide or less;
21 2. A minimum landscape buffer of at least fifteen (15) feet in width shall
22 be required on lands located adjacent to public rights-of-ways that are
23 one hundred eleven (111) to one hundred fifty (150) feet wide;
24 3. A minimum landscape buffer of at least twenty (20) feet in width shall
25 be required on lands located adjacent to public rights-of-ways that are
26 greater than one hundred fifty (150) feet wide; and
Proposed Landscaping Regulations Page 22 of 29
Exhibit 7 (Landscaping)
1 4. A landscape buffer, at least five (5) feet in width, shall be provided
2 along all sides of the parking lot, excluding that side or sides, which
3 abut a building. \[relocated to subsection 45-90.E\]
4 B. Mature height. Vegetation should be planted taking into consideration the
5 mature height and spread of the species.
6 C. Spacing. The maximum spacing of planting trees shall be thirty (30) feet on
7 center along any perimeter buffer.
8 B. D. Perimeter Landscape requirements for site perimeters. Perimeter
9 landscape buffers shall be installed where required by Table 45-90 and
10 maintained in accordance with the following standards. Vegetation should
11 be planted taking into consideration the mature height and spread of the
12 species. Easements and access ways, which traverse required perimeter
13 landscape buffers, shall be included in the calculation of linear dimension.
14 1. Trees. Trees shall be planted in required perimeter landscape buffers
15 at a maximum spacing of thirty (30) feet on center.
16 2. Shrubs. A hedge shall be planted in required perimeter landscape
17 buffers to form a continuous solid opaque visual screen of at least
18 thirty-six (36) inches in height within two (2) years of planting.
19 3. 1. Palm Trees.
20 a. Within the perimeter landscape buffer, a specimen palm or a
21 group of three (3) palm trees may be substituted for one (1)
22 required canopy tree; however, not more than fifty (50) percent
23 of the required canopy trees may be replaced by palm trees.
24 b. In right-of-way buffers only, Royal or Phoenix palms, excluding
25 Phoenix roebellini, may be counted as one (1) required canopy
26 tree. These palms shall:
27 1) Not exceed a maximum of thirty (30) percent of all trees
28 required in the buffer;
29 2) Be spaced a maximum of twenty (20) feet on center; and
30 3) Be a minimum of either six (6) feet of gray wood for Royal
31 palms or eight (8) feet clear trunk for Phoenix palms.
32 4. 2. Slash pines.
33 a. Slash pines planted in perimeter buffers shall be installed in
34 groups of no less than three (3).
35 b. Each group of slash pines shall average a minimum of ten (10)
36 feet in height and may be counted as one (1) required canopy
37 tree.
Proposed Landscaping Regulations Page 23 of 29
Exhibit 7 (Landscaping)
1 3. Hedges and shrubs.
2 a. At the time of installation, required hedges and shrubs shall be a
3 minimum of twenty-four (24) inches in height, and spaced at a
4 maximum of twenty-four (24) inches on center.
5 b. Required hedges shall form a continuous solid opaque visual
6 screen of at least thirty-six (36) inches in height within two (2)
7 years of planting.
8 5. 4. Canopy Tree and palm clustering.
9 a. Canopy Trees and palms may be clustered in right-of-way
10 buffers if the clusters are spaced a maximum of sixty (60) thirty
11 (30) feet apart, and/or consist of trees of varied height, which
12 when averaged, equal the minimum tree height requirements, and
13 are located on property containing a minimum of three hundred
14 (300) linear feet along the right-of-way.
15 6. 5. Walls and fences within right-of-way buffer.
16 a. If a wall or fence is used, the required landscaping shall be
17 located between the wall or fence and the right-of-way.
18 b. Walls and fences shall not encroach upon easements, unless
19 approved in writing by the easement holder.
20 c. Wall or fences shall be setback a minimum of ten (10) feet from
21 the edge of the ultimate right-of-way unless a wall with a
22 continuous footer is used, then the wall shall be setback to
23 provide a minimum of ten (10) clear feet for planting.
24 C. H. Safe sight distance triangles.
25 \[relocated from section 45-89.H and modified as indicated\]
26 Safe sight distance triangles may be required shall be provided in
27 accordance with the County Design Manual, published by the Palm Beach
28 County Department of Engineering and Public Works, to restrict placement
29 of visual obstructions. 1. Landscape limitations. a. Safe sight distance
30 triangle areas shall be maintained to provide unobstructed visibility at a
31 level between thirty (30) inches and eight (8) feet above the crown of the
32 adjacent roadway and in a way that does not that might create a traffic
33 hazard. b. Landscaping on state roads shall be installed in accordance with
34 requirements the roadside clear zone provisions of the State of Florida
35 Department of Transportation's Manual of Uniform Minimum Standards for
36 Design, Construction, and Maintenance of Streets and Highways, as
37 amended. c. All landscaping within the safe sight distance triangle area
38 shall be planted and perpetually maintained by the property owner, in
39 accordance with this section.
Proposed Landscaping Regulations Page 24 of 29
Exhibit 7 (Landscaping)
1 Sec. 45-91. 6-12. Landscape requirements for base of foundation.
2 landscaping and plantings.
3 A. Location and width.
4 1. There shall be foundation landscaping within five (5) feet of all
5 buildings and structures. and
6 a. These landscape areas shall be provided along all four (4)
7 facades of all commercial structures, excluding rear service areas
8 not visible by a public road right-of-way or not generally
9 traveled by the public or visible from adjacent structures.
10 b. 2. The combined length of the required foundation planting shall
11 be no less than forty (40) percent of the total length of the
12 applicable side of the structure.
13 2. This requirement shall not apply in the C-MU and C-3 zoning districts
14 in front of buildings that meet the standards for a gallery, storefront, or
15 canopy building frontage type.
16 B. Irrigation. All foundation areas shall be irrigated and of the appropriate size
17 to accommodate the mature size of the vegetation to be planted.
18 B. C. Minimum standards.
19 1. The minimum standards for When required, foundation landscaping
20 shall be determined by the building height and function, and always
21 extend along the portions of a facade that directly abut a street, a
22 parking lot, and other area or vehicular use areas, excluding
23 entryways, doorways or other building improvements.
24 1. The foundation planting area for a one-story building shall be at least
25 five (5) feet wide, unless foundation landscaping would interfere with
26 the intended use and function of a building.
27 2. The foundation planting area for a building of two (2) or more stories
28 shall be not less than thirty (30) percent of the height of the adjacent
29 wall.
30 3. At least one shade tree or palm cluster shall be installed for each thirty
31 (30) linear feet, or fraction thereof, of facade width.
32 2. a. A minimum of one (1) tree per facade shall be planted for each
33 seventy-five (75) linear feet of building perimeter, using a species
34 suitable for this location. and The remainder of the landscape area
35 shall be treated appropriately with plantings which may include
36 shrubs, vines, flower boxes, ground cover, and mulch, and with
37 pedestrian accessways.
38 b. Trees and palms shall be of an installed size relating to the height of
39 the adjacent wall or facade, as indicated in Table 6-12.
Proposed Landscaping Regulations Page 25 of 29
Exhibit 7 (Landscaping)
Table 6-12 Minimum Foundation Planting Dimensions
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1 Sec. 45-92. 6-13. - Landscape maintenance.
2 A. Minimum requirements. The land owner shall be responsible for the
3 following:
4 1. The maintenance of required landscape structures (e.g., walls, fences)
5 in a structurally-sound condition.
6 2. Tree maintenance, which shall be limited to periodic trimming to
7 maintain healthy trees, removal of diseased limbs, or removal of limbs
8 or foliage that present a hazard. a. All trees shall be allowed to grow
9 to their natural mature height and a full canopy.
10 b. Large and medium canopy trees shall be required to attain a
11 minimum twenty (20)-foot canopy spread prior to pruning. In no
12 case shall the canopy spread be reduced to less than twenty (20)
13 feet in width.
14 3. Landscape buffers shall be maintained and preserved along the entire
15 length of the property.
16 4. All landscape areas, including any right-of-way landscaping between
17 the property line and the adjacent street, which shall be maintained on
18 a regular basis, to include weeding, watering, fertilizing, pruning,
19 mowing, edging, mulching, replacement of dead or missing
20 landscaping, removal of prohibited plants, and other horticultural
21 practices that are needed to keep landscaping in good condition, free
22 from disease, insect pests, weeds, refuse, and debris.
23 5. Landscape maintenance shall be carried out in a manner that will not
24 disrupt, inconvenience, or endanger any member of the public, or
25 pedestrian, or motor vehicles.
Proposed Landscaping Regulations Page 26 of 29
Exhibit 7 (Landscaping)
1 Sec. 45-93. 6-14. - Irrigation.
2 A. General. All landscape areas, except those areas composed of existing
3 native plant communities, shall provide an irrigation system plan. The
4 irrigation system shall be designed and installed in accordance with the
5 Florida Building Code. Florida Irrigation Society Standards and
6 Specifications for Turf and Landscape Irrigation Systems, as amended from
7 time to time. Irrigation systems shall be designed and maintained to obtain
8 the following results:
9 1. Eliminate the wasteful use of water;
10 2. Eliminate overspray onto staining of buildings, walks, and walls and
11 other site improvements including landscaping;
12 3. Provide a minimum of one hundred (100) percent coverage, including
13 the capability of applying water onto turf areas on a different
14 saturation level than that used to irrigate shrub-planting beds; and
15 4. Use separate zones to match irrigation to vegetation types. Eliminate
16 water overthrow onto non-pervious areas.
17 B. Standards. Irrigation systems shall comply with the following standards.
18 1. Irrigation systems shall be continuously maintained in working order
19 and shall be designed so as not to overlap water zones or to water
20 impervious areas.
21 2. Irrigation systems shall not be installed or maintained abutting any
22 public street which causes water from the system to spray onto the
23 roadway or to strike passing pedestrian or vehicular traffic, where
24 feasible.
25 C. Rain sensors. A rain sensor, to switch off irrigation during wet periods,
26 shall be required on all new irrigation systems.
27 Sec. 45-94. 6-15. - Pruning.
28 A. Crown reduction.
29 1. \[relocated from 45-94.A.2.a\] The crown of a shade tree required by
30 this code or condition of approval shall not be reduced below the
31 minimum mature spread or height requirements of this code section or
32 specific village conditions of approval. Crown reduction of shade
33 trees shall be prohibited until the tree canopy has reached at least
34 twenty (20) feet in diameter. Exceptions include:
35 a. The removal of limbs or foliage presenting a hazard or in conflict
36 with a crime prevention program;
37 b. Removal of dead or diseased limbs;
38 c. The reinforcement strength of form, or
39 d. In association with tree or palm relocation work.
Proposed Landscaping Regulations Page 27 of 29
Exhibit 7 (Landscaping)
1 2. After a tree canopy reaches fifteen (15) feet in diameter, crown
2 reduction shall only be permitted as Incidental when correct pruning is
3 permitted standards are used and when there are conflicts with
4 constraints such as, but not limited to, views, power lines, structures,
5 lighting, or signage, vehicles, pedestrians, etc. and to improve the
6 structural integrity of trees. All pruning shall be in accordance with
7 pruning standards in ANSI A300. 3. A maximum of one-fourth (0.25)
8 of tree canopy may be removed from a tree within a one (1) year
9 period, provided that the removal conforms to the standards of crown
10 reduction, crown cleaning, crown thinning, crown raising, vista
11 pruning, and crown restoration pruning techniques.
12 a. \[relocated to 45-94.A.1\]
13 b. A tree that is pruned in excess of these requirements shall be
14 replaced with a tree that meets the minimum requirements of this
15 section or equal specifications of the tree that has been pruned,
16 whichever is greater, or, if deemed possible by a certified
17 arborist, a remedy plan may be proposed to the village that
18 would correct the pruning error.
19 B. Plant characteristics. Unless otherwise approved by the village during the
20 approval process, trees shall be allowed to grow to a shape and size typical
21 of their species throughout their life cycle.
22 C. Pruning standards. The following are general pruning standards and
23 requirements established for the overlay zone.
24 1. Hat-racking. Hat-racking is prohibited. For the purposes of this
25 article, hat-racking is defined as flat-cutting the top or sides of a tree,
26 severing the leader or leaders; making internodal cuts (cutting back of
27 limbs to a point between branch collars/buds) prune a tree by stubbing
28 off mature wood larger than one (1) inch in diameter within the tree's
29 crown; or reducing a mature tree's total circumference or canopy
30 spread by one third or more.
31 2. Palm trees. Pruning palm trees shall be limited to dead fronds and up
32 to one-third ( 1/3 ) of the green fronds and seed pods.
33 3. Maximum limb pruning. Severely cutting back lower branches to
34 increase sight visibility from underneath a tree's canopy, shall not
35 exceed thirteen feet six inches (13'-6") from the ground level to the
36 collar of the first limb.
37 D. Alternative canopy shapes. If other than the normal expected tree canopy
38 shade and size is desired by the owner of the trees, the desired shape and
39 size shall be indicated on the approved landscape plan. If a desired shape
40 and size is not noted on the approved landscape plan, trees shall be allowed
41 to grow to their natural shape and size.
Proposed Landscaping Regulations Page 28 of 29
Exhibit 7 (Landscaping)
1 E. Performance. Pruning shall be performed by a certified arborist or FNGLA
2 certified landscape contractor in accordance with the Tree Care Industry
3 standard of care as described in ANSI A300. person or tree service that is
4 knowledgeable with the latest standards of the National Arborist
5 Association.
6 F. Exemptions. Subsections 45-94o not apply to The following shall
7 be exempt from this section.
8 1. trees which interfere with safe site triangles, utility lines, or utility
9 structures.
10 2. Trees having crown die-back or decay greater than one third the tree
11 canopy.
12 3. Trees having suffered damage due to natural or accidental causes.
13 4. Trees having insect or disease damage greater than one-third of the
14 tree crown.
15 Secs. 45-95 45-100. - Reserved.
Proposed Landscaping Regulations Page 29 of 29