2022-10 Code Amendment - Definition of Dwelling UnitORDINANCE NO. 2022-10
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE I, "IN
GENERAL," OF APPENDIX C (CHAPTER 45) OF THE VILLAGE CODE OF
ORDINANCES BY AMENDING SECTION 45-2, "DEFINITIONS," TO
MODIFY THE DEFINITION OF THE TERM DWELLING UNIT; PROVIDING
FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, through the adoption of Ordinance No. 2020-06, the Village Council adopted a form -
based commercial Zoning 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
WHEREAS, Ordinance No. 2020-06 amended the definition of the term dwelling unit to allow
units with no bedrooms or one bedroom within commercial zoning districts that allow mixed uses
to be counted as one-half of a dwelling unit; and
WHEREAS, the Village Council wishes to repeal the 2020 revision to the definition of the term
dwelling unit; and
WHEREAS, on April 5, 2022, 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 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 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 (deleted language is s rieke dffe g ):
Sec. 45-2. Definitions.
For the purpose of this Code, certain words and terms are defined as follows:
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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 puiposes of emptiting residential de city ,,,
eefffinerreial zoning distr-iets that al4ow mixed uses� a dwelling unit that eentainsC
'�o'�Nn'l�y one
bedroom, or no separate edroom, will be eo vAe as one half f n dwelling
unit-.
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.
PLACED ON FIRST READING THIS 28TH DAY OF APRIL, 2022.
PLACED ON SECOND, FINAL READING AND PASSED THIS 12TH DAY OF MAY, 2022.
'RTN pal
gage Seal ;'�
UR��A : MA
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ATTEST:
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
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