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.
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(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.
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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.
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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.
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PLACED ON FIRST READING THIS 26"' DAY OF AUGUST, 2021.
PLACED ON SECOND, FINAL READING AND PASSED THIS 8"' DAY OF SEPTEMBER, 2021.
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VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
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