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2022-09 Code Amendment - Residential Zoning RegulationsSection 1. The foregoing recitals are ratified as true and correct and are incorporated herein. Section 2. The Village Council hereby amends Article V, "Stormwater Management," of Chapter 21, "Planning and Development," to read as follows (additional language underlined and deleted language str-i a Tor through): roug ): ARTICLE V. STORMWATER MANAGEMENT Sec. 21-70. Water quality. a) Definitions. 1) Authorized official: Any employee of the village authorized in writing by the director to administer or enforce the provisions of this article. 2) Director: The director of community development. 3) Discharge: Any direct or indirect entry of any solid, liquid or gaseous matter. 4) Person: Any natural individual, corporation, partnership, institution, or other entity. 5) Site of industrial activity: Any area or facility used for manufacturing, processing or raw materials storage, as defined under 40 CFR Section 122.26(a)(14) of regulations of the U.S. Environmental Protection Agency, as amended. 6) Stormwater: Any stormwater runoff, and surface runoff and drainage. 7) Stormwater system: The system of conveyances used for collecting, storing, and transporting stormwater owned by the village but not including any facilities intended to be used in accordance with applicable law for collecting and transporting sanitary or other wastewater. Substantial improvement: Any repair, reconstruction, rehabilitation, addition, or other improvement of a building or structure, the cost of which equals or exceeds fifty (501 percent of the market value of the building or structure before the improvement or repair is started. b) Water quality. In order to minimize the degradation of water quality in receiving bodies, all development will be provided with landscaped areas, grassed areas or other natural vegetated areas to Page 2 of 14 receive runoff from buildings, pavement or other impervious areas to the degree that pollutants from these areas may be absorbed by the vegetation or percolated into the soil. No runoff from such impervious areas shall be discharged directly into any inlet or storm sewer without first being given the opportunity to pass through a natural vegetated area. All potential areas of soil erosion shall be protected to minimize siltation transport by flowing water. c) (Construction site runoff. } To protect and preserve water quality, Best Management Practices (BMPs) for construction site runoff eefAnine in Chapter- j%Beaeh County, 208 Ar -ea 'ide Waste Treatment Management P! shall be employed. During construction projects involving a substantial improvement, or for parcels one acre or larger, or when deemed necessary by the Community Development Director, projects shall provide a stormwater pollution prevention plan or an equivalent document. The stormwater pollution prevention plan shall include the installation of erosion and sediment controls, including a silt fence and crushed rock to stabilize areas used for mobilization. The construction site operator is required to take corrective action as needed and conduct inspections of the stormwater pollution controls every seven (7) days or when one-half inch (0.5") or greater of rainfall occurs within a twenty-four (24) hour period. All controls shall be consistent with the performance standards for erosion and sediment control contained in the Erosion and Sediment Control Designer and Reviewer Manual prepared by the Florida Department of Transportation and the Florida Department of Environmental Protection, as well as the Village's Erosion and Sediment Control Policy. d) Industrial activity. 1) General provisions. Any discharge into the stormwater system in violation of any federal, state, county, municipal or other law, rule, regulation or permit is prohibited. 2) Specific prohibitions. By adoption of industrial activity stormwater regulations or by issuance of industrial activity stormwater permits, or both, the director may impose reasonable limitations as to the quality of stormwater including without limitation the designation of maximum levels of pollutants) discharged into the stormwater system from sites of industrial activity. Any promulgation of such regulations and issuance of permits by the director shall be in accordance with applicable law. 3) Administrative orders. The director may issue an order to any person to immediately cease any discharge determined by the director to be in violation of any provision of this Page 3 of 14 section, or in violation of any regulation or permit issued hereunder. 4) NPDESpermits. Any person who holds a National Pollutant Discharge Elimination System (NPDES) permit shall provide a copy of such permit to the director no later than the later of. sixty (60) calendar days after the effective date of Ordinance No. 8-93 or sixty (60) calendar days after issuance. e) Illicit discharges. 1) General prohibitions. Except as set forth in section 21- 70(e)(3) or as in accordance with a valid NPDES permit, any discharge to the stormwater system that is not composed entirely of stormwater is prohibited. 2) Specific prohibitions. Any discharge to the stormwater system containing any sewage, industrial waste or other waste materials, or containing any materials in violation of federal, state, county, municipal, or other laws, rules, regulations, orders or permits, is prohibited. 3) Authorized exceptions. Unless the director determines that it is not properly managed or otherwise is not acceptable, the following discharges are exempt from the general prohibition set forth under section 21-70(e)(1): flows from firefighting, water line flushing and other contributions from potable water sources, landscape irrigation and lawn watering, irrigation water, diverted stream flows, rising groundwaters, direct infiltration to the stormwater system, uncontaminated pumped groundwater, foundation and footing drains, water from crawl space pumps, air conditioning condensation, springs, individual residential car washings, flows from riparian habitats and wetlands, and de -chlorinated swimming pool contributions. 4) Illicit connections. No person may maintain, use or establish any direct or indirect connection to the stormwater system that results in any discharge in violation of this section. This prohibition is retroactive and applies to connections made in the past, regardless of whether made under a permit, or other authorization, or whether permissible under laws or practices applicable or prevailing at the time the connection was made. C (5) Administrative order. The director may issue an order to any person to immediately cease any discharge, or any connection to the stormwater system, determined by the Page 4 of 14 director to be in violation of any provision of this section, or in violation of any regulation or permit issued hereunder. f) Spills and dumping. 1) General prohibitions. Except as set forth under section 21- 70(e)(3) or as in accordance with a valid NPDES permit, any discharge to the stormwater system that is not composed entirely of stormwater is prohibited. 2) Specific prohibitions. Any discharge to the stormwater system containing any sewage, industrial waste or other waste materials, or containing any materials in violation of federal, state, county, municipal, or other laws, rules, regulations, orders or permits, is prohibited. 3) Notification of spills. As soon as any person has knowledge of any discharge to the stormwater system in violation of this section, such person shall immediately notify the director by telephone or other direct means and if such person is directly or indirectly responsible for such discharge, then such person shall also take immediate action to ensure the containment and clean up of such discharge and shall confirm such telephone notification in writing to the director within three (3) calendar days. 4) Administrative order. The director may issue an order to any person to immediately cease any discharge, or connection to the stormwater system, determined by the director to be in violation of any provision of this section, or in violation of any regulation or permit issued hereunder. g) Enforcement. 1) Injunctive relief. Any violation of any provision of this section, or of any regulation or order issued hereunder, shall be subject to injunctive relief if necessary to protect the public health, safety or general welfare. 2) Continuing violation. A person shall be deemed guilty of a separate violation for each and every day during any continuing violation of any provision of this section, or of any regulation or permit issued hereunder. 3) Enforcement actions. The director may take all actions necessary, including the issuance of notices of violation and the filing of court actions, and/or request enforcement by the village code enforcement board to require and enforce Page 5 of 14 compliance with the provisions of this section and with any regulation or permit issued hereunder. h) Inspections and monitoring. 1) Authority for inspections. Whenever necessary to make an inspection to enforce any of the provisions of this section, or regulation or permit issued hereunder, or whenever an authorized official has reasonable cause to believe there exists any condition constituting a violation of any of the provisions of this section, or regulation or permit issued hereunder, any authorized official may enter any property, building or facility at any reasonable time to inspect the same or to perform any duty related to enforcement of the provisions of this section or any regulations or permits issued hereunder; provided that (a) if such property, building or facility is occupied, such authorized official shall first present proper credentials and request permission to enter, and (b) if such property, building or facility is unoccupied, such authorized official shall make a reasonable effort to locate the owner or other person having charge or control of the property, building or facility, and shall request permission to enter. Any request for permission to enter made hereunder shall state that the owner or person in control has the right to refuse entry, and that in such event is refused, the authorized official may enter to make inspection only upon issuance of a search warrant by a duly authorized magistrate. If the owner or person in control refuses permission to enter after such request has been made, the authorized official is hereby authorized to seek assistance from any court of competent jurisdiction in obtaining entry. Routine or area -wide inspections shall be based upon such reasonable selection processes as may be necessary to carry out the purposes of this section, including but not limited to random sampling and sampling in areas with evidence of stormwater contamination, non-stormwater discharges, or similar factors. 2) Authority for monitoring and sampling. Any authorized official may establish on any property such devices as are necessary to conduct sampling or metering of discharges of the stormwater system. During any inspections made to enforce the provisions of this section, or regulations or permits issued hereunder, any authorized official may take any samples deemed necessary. 3 Re uirements or monitoring. The director may require anyq .f g person engaging in any activity or owning any property, building or facility (including but not limited to a site of Page 6of14 industrial activity) to undertake such reasonable monitoring of any discharge(s) to the stormwater system and to furnish periodic reports. Section 2. The Village Council hereby amends Article I, "In General," of Appendix C Chapter 45), "Zoning of the Village Code of Ordinances by amending Section 45-2, Definitions," to read as follows (additional language is underlined): Sec. 45-2. Definitions. For the purpose of this Code, certain words and terms are defined as follows: Average elevation shall be used to calculate the maximum allowable height of single-family dwellings within the R-1 Zoning District that are not located within a special flood hazard area. The average elevation is an average of the existing elevation of the buildable area of a lot prior to any land alteration The average elevation shall be calculated by the mathematical average of elevation points dispersed at approximately ten -foot equidistant intervals across the buildable area of a parcel. Where required, the average elevation survey shall be submitted with construction plans, and the calculated average elevation shall be depicted on all exterior elevation sheets of the construction plans. Landscaped area means a pervious landscaped area unencumbered bX structures, buildings, paved parking lots, sidewalks, pools, decks, or any impervious surface. Landscape material shall include, but not be limited to, grass, around covers. bushes. shrubs. hedges or similar nlantinas. decorative rock or mulch nr hark Section 3. 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- 27, "R-1 Single -Family District," to read as follows (additional language is underlined and deleted language is s*e„ + dough : Sec. 45-27. R-1 single-family dwelling district. A. Uses permitted. Within any R-1 single-family dwelling district no building, structure, land or water shall be used except for one (1) or more of the following uses: 1. Single-family dwellings with accessory buildings. C customarily incident thereto, subject to each of the requirements set forth in this section and throughout this chapter. Page 7 of 14 2. Public schools. 3. Parks and recreation facilities owned or leased by or operated under the supervision of the Village of North Palm Beach. 4. Detached fence storage areas. 5. Satellite dish antenna. 6. Community residential homes. Community residential homes of six (6) or fewer residents which otherwise meet the definition of a community residential home, provided that such homes shall not be located within a radius of one thousand (1,000) feet of another existing such home with six 6) or fewer residents. 7. Family day care home. 8. Lamp post. 9. Decorative post structure. B. Building height regulations. All single-familv dwellings shall be limited to two (2) stories and thirty feet (30') in height. For the purposes of this subsection, height shall be measured from the average elevation of the existing _rgade prior to land alteration for properties outside of special flood hazard areas and from the required design flood elevation for properties within special flood hazard areas. Height shall be measured to the highest point of the following_ 1. the coping of a flat roof and the deck lines on a mansard roof; 2. the average height level between the eaves and roof ridges or peak forabg le, hip or gambrel roofs; or 3. the average height between high and low points for a shed roof. Decorative architectural elements, chimneys, mechanical equipment, non -habitable cupolas, elevator shafts or similar appurtenances shall be excluded from the foregoing height restrictions. Rooftops shall not be used for pools, decks, or other Maces to congregate. C. Building site area regulations. The minimum lot or building site area for each single-family dwelling shall be seven thousand five Page 8of14 hundred (7,500) square feet and have a width of not less than seventy-five (75) feet, measured at the building line. D. Yard space regulations. 1. Front yard. There shall be a front yard of not less than twenty-five (25) feet measured from the street line to the front building line. 2. Rear yard. There shall be a rear yard of not less than twenty 20) feet measured from the rear building line to the rear lot line. 3. Side yards. There shall be a side yard on each side of the side building line of not less than ten (10) feet. In the case of corner lots, no building and no addition to any building shall be erected or placed nearer than twenty (20) feet to the side street line of any such lot. a) For a distance of one block on streets intersecting U.S. #1, measured from the right-of-way line of said U.S. #1, side yards of at least twenty-five (25) feet in depth shall be provided. E. Off street parking regulations. At least one parking space measuring at least nine (9) feet by eighteen (18) feet (one hundred sixty-two (162) square feet) shall be provided. All parking spaces shall consist of a durable surfaced area as approved by the community development director, and may be enclosed in the dwelling, in an accessory building or in an unenclosed area or a driveway. All vehicles parking on a lot must be parked on a durable surface. F. Accessory structures. One detached automobile garage and one open-air pavilion may be constructed on any lot within the R-1 single- family dwelling district provided that all requirements of this chapter are met. Open air pavilions shall be subject to the following additional conditions and restrictions: 1. Permitting. a) All open-air pavilions must be permitted in accordance with all Florida Building Code and Village Code requirements. b) Open-air pavilions meeting the definition of a traditional chickee but are exempt from the Florida Building Code but shall be subject to consistency review by the village. Consistency shall be demonstrated through the issuance of a zoning Page 9of14 permit and shall require the submittal of the following information: 1) A survey that includes scaled dimensions of the proposed structure, including setbacks; 2) Proof that the builder of the chickee but is a member of either the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida (such proof consisting of a copy of the trial member's identification card); and 3) Drawings of the proposed structure depicting, at a minimum, the overall design, dimensions, roof materials, and height. 2. Dimensions. Open-air pavilions shall not exceed two hundred (200) square feet in floor area. The floor area shall be measured from outside the support posts, provided that the roof overhang does not exceed three (3) feet from the support posts. If the roof overhang exceeds three (3) feet, the floor area shall consist of the entire roofed area. For structures supported by a single -pole, i.e., umbrella shape, the floor area shall be measured from the drip line of the roof material. 3. Height. Open-air pavilions shall not exceed twelve (12) feet in height or the height of the principal building located on the lot, whichever is more restrictive. For sloped roofs, the height shall be measured at the mean roof height. 4. Location and Setbacks. a) No open-air pavilion may be erected within ten (10) feet of the side property line. This side setback shall be increased to twenty (20) feet for corner lots. b) No open-air pavilion may be erected within seven and one-half (71/2) feet of the rear property line. c) No open-air pavilion or any portion thereof may be erected between the front line of the principal building and the front property lot line, within a utility or drainage easement, or within a required landscape buffer. 5. Use restrictions. Page 10 of 14 a) An open-air pavilion shall be used only for private recreational activities as an accessory use to the principal residential use and shall not be used for habitation, for a tool room, storage room or workshop, or for any commercial purpose whatsoever. b) Open-air pavilions shall not be used for storage of items of personal property, including, but not limited to, the following: 1) Operable or inoperable vehicles, boats, boat trailers, utility trailers or similar items of personal property; 2) Building materials, lawn equipment, tools or similar items; and 3) Ice boxes, refrigerators and other types of food storage facilities with the exception of under -counter units. c) No gas, charcoal or propane grills, stoves or other types of cooking devices may be stored or utilized within a traditional chickee hut. 6. Maintenance. Open-air pavilions shall be maintained in good repair and in sound structural condition. Painted or stained surfaces shall be free of peeling paint, mold and mildew and void of any evidence of deterioration. 7. Design. a) Open-air pavilions, with the exception of traditional chickee huts, pergolas and other structures with only partial or slatted roofs, shall incorporate the same types of building materials and be consistent with the architectural theme or style of the main or principal building. b) At the request of a property owner, the community development director may approve the use of different building materials or alternate architectural themes or styles when such materials, themes or styles are complementary to the main or principal building. c) Should the community development director deny the request for different building materials or alternate architectural themes or styles, a property Page 11 of 14 owner may appeal this decision to the planning commission by submitting a written request for a hearing to the community development director within thirty (30) calendar days of the date of the determination. The appeal shall be placed on the next available agenda and the decision of the planning commission shall be final, subject only to judicial review by writ of certiorari. G. Mechanical equipment. All non -roof -mounted mechanical equipment shall be located behind the front building face of the principal structure in either the side yard or the rear yard. Such equipment shall be located adjacent to the principal structure whenever practicable, provided, however, that all mechanical equipment shall be located at least five (5) feet from the side property line and at least seven and one-half feet (71/2) from the rear property line. H. Minimum landscaved area. 1. All single-family dwellings shall have a minimum landscaped area of thirty percent (30%). 2. All single-family dwellings (both one and two story) shall provide a minimum landscaped area of fifty percent (50%) in the required twenty -five-foot (25')front yard setback. Properties with frontage along urban collector roads Lighthouse Drive and Prosperity Farms Road) shall provide a minimum landscaped area of forty percent (40%) in the required twenty -five-foot (25') front yard setback. Properties having an irregular lot shape, meaning a lot which is not close to rectangular or square and in which the width of the property at the front property line is less than required by the underlyingzoningoning district, shall provide a minimum landscaped area of twenty-five percent (25%) in the required twenty -five-foot (25')front yard setback. 3. A nronertv owner who meets the overall minimum landscaped area requirement set forth in subsection (1 ) above and who does not meet the minimum landscaped area requirement in the twenty -five-foot (25')front yard setback set forth in subsection (2) above may request a waiver of up to five percent (5%) of the minimum required area by filing a request with the Community Development Department. The request shall be forwarded to the Planning Commission for final action. A property owner seeking such a waiver shall be required to demonstrate to the Planning Commission that he or she has made a reasonable attempt to comply with the required minimum landscaped area within the front yard Page 12 of 14 setback and has mitigated any deficiency through the installation of enhanced landscaping materials, the use of permeable hardscape materials or some other acceptable means. For the purposes of this subsection, the term minimum landscaped area shall mean a pervious landscaped area unencumbered by structures, buildings, paved parking lots, sidewalks, sports courts, pools, decks, or any impervious surface. Landscape material shall include, but not be limited to,rgass, ground covers, bushes, shrubs, hedges or similar plantings, or decorative rock or bark. No landscape material shall be used for parking. However, pervious surfaces used for the parking of recreational equipment in side and rear yards shall be included in the calculation of the minimum landscaped area. With respect to building_ permits for renovations of existing single- family dwellings, the minimum landscaped area standards shall apply only to the extent that the proposed scope of work impacts the applicable standard. I. Maximum driveway width in Swale. The total width of driveways from the edge of the public roadway to the abutting privately -owned property shall not exceed a total of thirty-two feet (32') in width at the property line, excluding flares. For lots with ninety (90)or more feet of public roadway frontage, the total width of driveways from the edge of the public roadway to the abutting privately -owned private shall not exceed a total of forty feet (40') in width at the property line, excluding flares. Each side of a flared driveway be no more than three feet (3') wider than the rest of the driveway. Section 4. The Zoning in Progress with respect to Section 2(C) of Ordinance No. 2021-10 Second -story floor area") shall remain in effect for an additional six (6) months from the effective date of this Ordinance. Property owners may still request a waiver pursuant to Section 2(D) of Ordinance 2021-10. During this time, the Ad Hoc Committee shall continue its review of this provision and other potential revisions to the Village's residential zoning regulations. Section 5. The provisions of this Ordinance shall become and be made a part of the Code of the Village of North Palm Beach, Florida. Section 6. 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 7. All ordinances or parts of ordinances and resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. C", Section 8. This Ordinance shall take effect immediately p puponadoption. Page 13 of 14 PLACED ON FIRST READING THIS 14TH DAY OF APRIL, 2022. PLACED ON SECOND, FINAL READING AND PASSED THIS 28TH DAY OF APRIL, 2022. r,t- )- n ,g pr M - Ar ATTEST: P' VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VILLAGE ATTORNEY Page 14 of 14