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2021-15 Code Amendment - Electrical Service to Formerly Developed Vacant LotsORDINANCE NO. 2021-15 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE III, "DISTRICT REGULATIONS," OF APPENDIX C (CHAPTER 45) OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 45-36(R) TO ALLOW ELECTRICAL SERVICE TO FORMERLY DEVELOPED LOTS FOR THE SOLE PURPOSE OF OPERATING AN IRRIGATION SYSTEM; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in 2010, in part due to the then -existing economic conditions, the Village Council implemented standards for the continued maintenance, condition and use of formerly developed residential and commercial vacant lots as set forth in Section 45-36(R) of the Village Code of Ordinances; and WHEREAS, these standards required that vacant lots be covered with sufficient ground treatment consisting of living plants and non -living landscape material, provided that non -living landscaping material is limited to a maximum of twenty percent (20%) of the total lot area; and WHEREAS, these standards further allowed the property owner to irrigate the lot using an irrigation system but prohibited electrical service to operate the system; and WHEREAS, Village Staff recommended amending Section 45-36(R) of the Village Code to allow for electrical service to formerly developed vacant lots for the sole purpose of operating an irrigation system; and WHEREAS, having considered the recommendation of the Planning Commission, the Village Council determines that the adoption of this Ordinance is in the best interests of the public health, safety and welfare of Village residents and property owners. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing "whereas" clauses are hereby ratified as true and are incorporated herein. Section 2. The Village Council hereby amends Article III, "District Regulations," of Appendix C (Chapter 45), "Zoning," of the Village Code of Ordinances by amending Section 45- 36 to read as follows (additional language underlined and deleted language strie ): R. Formerly developed vacant lots. Page 1 of 5 (1) Applicability. This section shall apply to all lots within the village where the principal structure has been demolished and no principal use currently exists on the property. (2) Ground treatment. Vacant lots regulated by this section shall be cleared of construction material and debris, shall be properly graded and shall be covered with sufficient ground treatment. Existing ground treatment may be used to meet the requirements of this section. a. Ground treatment may consist of any combination of living plants, such as grass, ground cover, shrubs, vines, hedges or trees and non -living landscape material such as rocks, pebbles, sand, mulch and decorative paving materials. Non- living landscape material shall be limited to a maximum of twenty percent (20%) of the total lot area. b. Property owners are encouraged to adhere to xeriscape or "Florida Friendly" (as promulgated by the Florida Yards and Neighborhood Program) landscaping principles and utilize low -maintenance, drought -tolerant landscaping materials and practices. C. The clearing and planting must be completed within thirty (3 0) days of the completion of the demolition of the principal structure. While the prepeAy owner the 1VY ■Ailizing a i"igatien system,elee rioa_c.eryiee toyaea l lots shall be prr,l ibited. Property owners rnqy continue electrical service to vacant lots regulated by this section for the sole purpose of operating an irrigation system to irrigate living plant material. Electrical service for any other purpose shall be prohibited. d. The property owner shall ensure that the property adequately drains so as to alleviate standing water. (3) Foundations, driveways and accessory structures. Slab foundations and other structural features remaining from demolished structures must be removed from the lot. All accessory structures (including swimming pools), parking areas and driveways shall be removed from vacant lots, with the exception of seawalls, driveway aprons located within adjacent rights-of-way and irrigation systems. Swimming pools shall be removed or filled in accordance with all applicable building code requirements and state and local health department regulations. (4) Existing trees and vegetation. All existing native and non-invasive trees and palms shall be preserved to the maximum extent possible. Page 2 of 5 All existing non-native and exotic species, as listed in the most current edition of the Florida Exotic Pest Plant Council's List of Invasive Plant Species, shall be removed from the lot. (5) Planting plan. Simultaneously with the application for a demolition permit, the lot owner shall submit a planting plan to the community development department indicating the method of ground treatment and identifying existing trees and palms to be preserved and non- native and exotic species to be removed. The department shall not issue the demolition permit until the planting plan has been submitted and approved. (6) Maintenance. The lot shall be maintained in accordance with the requirements of chapters 14 and 15 of the village code of ordinances. Maintenance shall terminate upon the commencement of active construction activities in accordance with a valid and active building permit. If construction activities cease for more than thirty (30) days or the building permit expires, a new planting plan shall be submitted and implemented. (7) Exemption. a. A lot owner shall be exempt from submitting a planting plan and demolishing the existing driveways, parking areas and accessory structures if the property will be redeveloped within one hundred and twenty (120) days of demolition, as evidenced by the submittal of an application for a building permit or other development approval at the time of demolition. The lot owner shall certify that the existing driveways, parking areas and accessory structures will be incorporated into the new construction plan or are necessary to facilitate future construction activities, whichever is applicable. Lot owners shall limit access to swimming pools remaining on vacant lots in accordance with the applicable building code requirements for new construction. b. The exemption shall remain in place for so long as the permit or approval remains active, provided that active construction activities commence within the one hundred and twenty (120) day period. In order to qualify for the exemption, the lot owner shall submit an affidavit stating that the above requirements shall be met at the time the application for the demolition permit is submitted. C. A property owner may apply for one extension of the exemption period for a period of time not to exceed sixty (60) days. Page 3 of 5 d. In the event: (i) construction activities do not commence within the one hundred and twenty (120) day period; (ii) the permits or other approvals facilitating redevelopment of the property expire; or (iii) construction activities commence and then cease for a period of more than thirty (30) days, the property owner shall comply with all requirements of subsections (2) through (6) above within thirty (30) days. (8) Existing docks or piers. An existing dock or pier adjacent to a formerly developed vacant lot may remain subject to the following conditions: a. The use of the dock or pier shall be limited to one vessel; b. The dock or pier shall only be used for the personal enjoyment of the lot owner and shall not be rented or leased to any third party or used for any commercial purpose; C. No sewer or electrical services to the dock or pier shall be permitted; d. No live aboard vessels shall be permitted; e. The upland portion of the lot shall not be used for storage, parking or any other accessory use or structure until the principal use or primary structure is completed; and f. Access to the dock or pier may be restricted as provided in section 45-36(D-1) above. (9) Enforcement. Violations of this section shall be enforced as code enforcement violations in accordance with article VI of chapter 2 of the village code of ordinances. Section 3. The provisions of this Ordinance shall become and be made a part of the Code of the Village of North Palm Beach, Florida. Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of this Ordinance. Section 5. All ordinances or parts of ordinances and resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 6. This Ordinance shall take effect immediately upon adoption. Page 4 of 5 PLACED ON FIRST READING THIS 26"' DAY OF AUGUST, 2021. PLACED ON SECOND, FINAL READING AND PASSED THIS 8"' DAY OF SEPTEMBER, 2021. R r9� �TyA,S+ .�.� • :,�&AYOR gNM VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VILLAGE ATTORNEY Page 5 of 5