2022-18 Code Amendment - Implement the Recommendations of the Ad Hoc CommitteeORDINANCE NO. 2022-18
�l AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING APPENDIX C (CHAPTER
45) OF THE VILLAGE CODE OF ORDINANCES TO IMPLEMENT THE
RECOMMENDATIONS OF THE AD HOC COMMITTEE; AMENDING
ARTICLE III, "DISTRICT REGULATIONS," BY AMENDING SECTION 45-
279 "R-1 SINGLE-FAMILY DWELLING DISTRICT," TO REGULATE THE
VOLUME AND MASSING OF TWO-STORY DWELLINGS; AMENDING
ARTICLE VII, "NONCONFORMING USES OF LAND AND STRUCTURES,"
BY AMENDING SECTION 45-64, "NONCONFORMING STRUCTURES," TO
ALLOW THE RECONSTRUCTION OF NONCONFORMING RESIDENTIAL
STRUCTURES UNDER SPECIFIED CIRCUMSTANCES; 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. 2021-10, the Village Council enacted a zoning
in progress for the R-1 Single -Family Dwelling Zoning District subject to certain parameters
relating to the height of two-story homes, the massing of the second story and the amount of
required landscaped open space; and
WHEREAS, the Village Council created an Ad Hoc Committee to review and evaluate changes to
the Village's residential zoning regulations during the pendency of the Zoning in Progress; and
WHEREAS, through the adoption of Ordinance No. 2022-09 on April 28, 2022, the Village
Council adopted new regulations governing height and landscaped open space within the R-1
Single Family Dwelling Zoning District, as well as revisions to the Town Code relating to
construction site runoff and driveway widths, and extended the Zoning in Progress for an
additional six months as it pertains to the massing of the second story; and
WHEREAS, the Ad Hoc Committee has recommended additional revisions to the R-1 Zoning
District regulations to address the volume and massing of two-story homes and to address the
reconstruction of nonconforming residential structures destroyed by fire, flood, wind, explosion,
act of God or act of a public enemy; and
WHEREAS, on October 11, 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:
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Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein.
Section 2. The Village Council hereby amends Article III, "District Regulations," of
Appendix C (Chapter 45 "Zoning," f he ill -
pp ( p ), g, o t 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 str-i ke +i,,.,,,,,, h :
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
customarily incident thereto, subject to each of the
requirements set forth in this section and throughout this
chapter.
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-family 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 grade 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:
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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 for gable, 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
spaces to congregate.
C. Building site area regulations. The minimum lot or building site
area for each single-family dwelling shall be seven thousand five
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 for the first story and thirty (30 feet for
the second story 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 for the first story and twent -f�25) feet for the
second story 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 for the first story
and fifteen (15) feet for the second story. 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. #l, measured from the right-of-way line of said
U.S. #I, side yards of at least twenty-five (25) feet in
depth shall be provided.
4. _pplicability of second stow setback. The second story
setback shall apply only to the roofed portion of the second
story of a two-story, single-family dwelling and shall not
apply to non -roofed second story patios or balconies. The
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second story setback for the rear yard shall not gpply if any
portion of the rear lot line abuts a waterway.
E. Building wall articulation. Building wall articulation shall be
provided on all walls with an unbroken plane in excess of fifteen
(15) feet in height and thirty (30) feet in length. Window and door
openings shall not be considered a plane break. The articulation
shall be in the form of a wall perpendicular to the property line at a
minimum distance of two (2) feet and extending_ parallel to the
property line a minimum of ten (10) feet. The articulation must
extend evenly over the entire height of the building wall See Figure
1 below .
Figure 1 Building Wall Articulation
15ft2nd story
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30 ft r'on't
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Minimum 30 ft maximum2 ft offset wall length
F. Second -stow floor area. The floor area of the second story of a
single-family dwelling shall not exceed seventy-five percent (75%)
of the floor area of the first story. For the purpose of this subsection,
floor area shall include all areas lying within the building perimeter
established by the interior side of the exterior walls of the building,
including_ garages, covered patios, and other open-air exterior areas
that are under roof. The floor area for the second story shall include
areas open to below.
B G. 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
�idevelopment 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.
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F H. 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
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.
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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.
(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.
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(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
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.
6I. 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.
14 J. Minimum landscaped 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
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of the property at the front property line is less than required
by the underlying zoning district, shall provide a minimum
landscaped area of twenty-five percent (25%) in the required
twenty -five-foot (25') front yard setback.
3. A property 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
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, grass, 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 K. 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 shall
be no more than three feet (3') wider than the rest of the driveway.
Section 3. The Village Council hereby amends Article VII, "Nonconforming uses of land and
structures," of Appendix C (Chapter 45), "Zoning," of the Village Code of Ordinances by
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amending Section 45-64, "Nonconforming structures," to read as follows (additional language is
underlined):
Sec. 45-64. Nonconforming structures.
Where a lawful structure exists at the effective date of adoption or
amendment of this ordinance that could not be built under the terms
of this ordinance by reason of restrictions on area, lot coverage,
height, yards or other characteristics of the structure or its location
on the lot, such structure may be continued so long as it remains
otherwise lawful subject to the following provisions:
(4- a) No such structure may be enlarged or altered in a way which
increases its nonconformity, but any structure or portion
thereof may be altered to decrease its nonconformity;
(2 b) Should such structure be destroyed by any means to an
extent of more than fifty (50) percent of its replacement cost
at time of destruction, as determined by the village engineer
or village building official, it shall not be reconstructed
except in conformity with the provisions of this ordinance;
and
(3 c) Should such structure be moved for any reason for any
distance whatever, it shall thereafter conform to the
regulations of the district in which it is located after it is
moved;_
(4 2) The provisions set forth in subsection (a) above are subject to the
followings exceptions:
Cal However, If an existing structure was legally permitted on
its site prior to changes in the C -MU or C -NB zoning
districts in 2020 but could not be built under the standards in
the new district, that existing structure will continue to be
deemed a lawful structure and will not be subject to the
restrictions in paragraphs (1) and (2). Such structure may be
expanded laterally and/or vertically without complying with
all new requirements for building frontages, build -to zones,
and parking lot setbacks, provided the expansion brings the
structure considerably closer to the 2020 requirements than
the existing structure.
In the event any residential structure is damaged or
destroyed by fire, flood, wind, explosion, act of God or act
of a public enemy to an extent of more than fifty (50) percent
of its replacement cost at the time of damage or destruction,
as determined by the village engineer or village building
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official, the structure shall be allowed to be replaced,
restored or reconstructed in accordance with all validly
issued permits and approvals subject to current building code
requirements. Any residential structure within a coastal high
hazard area or special flood hazard area shall comply with
the provisions of chapter 12.5 of the village code. Actual
construction to replace, restore or reconstruct the residential
structure shall be commenced within two (2) years from the
date of damage or destruction or said structure shall revert
back to nonconforming status and shall conform to all
requirements of this chapter. The property owner may file a
request with the board of adjustment for an additional one
(1) year extension prior to the expiration of the two (2) yyear
period. The decision of the board of adjustment on an
extension request shall be final, subject to judicial review set
forth in section 21-21(h) of this code.
Section 4. The provisions of this Ordinance shall become and be made a part of the Code of
the Village of North Palm Beach, Florida.
Section 5. 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 6. 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 7. This Ordinance shall take effect immediately upon adoption.
PLACED ON FIRST READING THIS 13TH DAY OF OCTOBER, 2022.
PLACED
PRlieT6ee
, FINAL READING AND PASSED THIS 27TH DAY OF OCTOBER, 2022.
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VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
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