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
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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
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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
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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
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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
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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.
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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
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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
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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.
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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
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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
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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.
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ATTEST:
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VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
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