2023-06 Code Amendment - C-3 Regional Business District Zoning RegulationsORDINANCE NO. 2023-06
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 45-34.1 TO REVISE THE
ZONING REGULATIONS FOR THE C-3 REGIONAL BUSINESS DISTRICT
TO FACILITATE REDEVELOPMENT AND PROVIDE FOR A NEW
PLANNED UNIT DEVELOPMENT PROCEDURE; AMENDING SECTION 45-
35.1, "PLANNED UNIT DEVELOPMENT," TO ALLOW FOR USE BY
PROPERTIES WITHIN THE C-3 ZONING DISTRICT UNDER SPECIFIED
CIRCUMSTANCES; AMENDING ARTICLE VII, "NONCONFORMING USES
OF LAND AND STRUCTURES," BY AMENDING SECTION 45-65 TO
REMOVE A REFERENCE TO THE C-3 ZONING DISTRICT; AMENDING
ARTICLE VIII, "LANDSCAPING," BY AMENDING SECTIONS 45-90,
"LANDSCAPE REQUIREMENTS FOR SITE PERIMETERS," AND SECTION
45-91, "LANDSCAPE REQUIREMENTS FOR BASE OF FOUNDATION," TO
MODIFY THE REQUIREMENTS FOR THE C-3 ZONING DISTRICT;
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
WHEREAS, through the adoption of Resolution No. 2016-73, the Village Council formally
adopted the Citizens' Master Plan Report prepared by the Treasure Coast Regional Planning
Council ("Master Plan"), including the recommendations contained therein, as setting forth the
guiding principles for future development within the Village; and
WHEREAS, the Master Plan recognized the redevelopment potential of the old Twin City Mall
site, the development of which is governed by the Village's C-3 Regional Business District zoning
regulations; and
WHEREAS, the Master Plan expressed a preference for a lifestyle center, like CityPlace or Mizner
Park, within the C-3 District that would provide "shopping, entertainment, restaurant uses within
the form of an urban neighborhood that incorporates residential as an integral use;" and
WHEREAS, as noted in the Master Plan, the site is large enough to accommodate a significant
project with buildings tall enough to afford water views and could incorporate the following
qualities: (1) an interconnected system of walkable blocks and small streets; (2) buildings lining
streets and facing parks and open spaces; (3) a mix of building types such as townhouses, low-rise
multi -family, high-rise multi -family, retail and mixed use; and (4) parking provided on -street, in
garages and behind buildings; and
WHEREAS, the Village shares the Twin City Mall site with the Town of Lake Park, and the Town
has already adopted new zoning regulations with increased density and intensity to facilitate
redevelopment as well as a Regulating Plan to maintain interconnectivity; and
Page 1 of 36
L,
WHEREAS, the Village wishes to amend the zoning regulations for the C-3 Regional Business
Zoning District to facilitate the type of large-scale development or lifestyle center contemplated
by the Master Plan through the use of a new Planned Unit Development process that provides
added flexibility and intensity; and
WHEREAS, the development regulations applicable to the new Planned Unit Development
process, including but not limited to height and floor area ratio, are not, under any circumstances,
to be considered permitted as of right; rather, they are maximums that are solely applicable to
projects that meet the threshold criteria detailed in Section 45-34.1(10) below as determined by
the Village Council; and
WHEREAS, the Village also wishes to amend certain other provisions of its Zoning Code to
implement the revised C-3 regulations and eliminate conflicts; and
WHEREAS, 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 Article III, "District Regulations," of
Appendix C (Chapter 45) of the Village Code of Ordinances by amending Section 45-34.1 to read
as follows (additional language underlined and deleted language strieken tIffeugh):
Sec. 45-34.1. C-3 regional business district.
The C-3 regional business district is designed for the re -use and/or
redevelopment of commercial property. It contains special regulations and
procedures that are integrated with those of the Town of Lake Park to avoid
conflicts that could otherwise be created by the location of the town/village
boundary. Within C-3 business districts, the following regulations shall apply:
(1) Uses permitted. Within the G-3 'zoning istri,n o b,,ild;,191
StFtletur-o lan or water shat be used,
s d unless other -wise permitted -by
these 1e Cii- ns, exG pt fir een+bination of the
Table 1 indicates allowable uses in the C-3 re - ional
business district:
Page 2 of 36
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Table 1 - Allowable Uses
Dwelling, all other dwelling
4----
Live/work
---.
Live/work unit •
Assisted livingfacility •
Page 3 of 36
Time-share unit
•
BUSINES&USES
Offices,general
•
Office or clinic, medical or
dental
•
Stores & services, general
•
Stores & services, large format
•
Adult entertainment
•
Convenience store with fuel
•
Dog da T�
•
Drive-through facility (for any
use
•
Garage, parking
•
Heavy commercial and light
industrial
•
Medical marijuana treatment
center
•
Restaurant
•
Bar, Night Clubs or
Entertainment Establishments
•
Telecommunications antennas
•
CIVIC.& EDUCATION;USES'
Child care facility
•
Church or place of worship
•
Civic space
•
Family day care
•
Government building
•
Hospital or medical center
•
Public space
•
School, public or private
•
'See section 10 for additional PUD requirements
z Subiect to the same requirements as apply in the R-2 zoning district
(2) Off-street parking. All proposed land uses shall provide a sufficient number
of parking spaces to accommodate the number of vehicles that can be
expected to be attracted to that use. Individual land uses can provide at least
the number of spaces listed below on the same parcel of land as the principal
building (or on an adjoining parcel under identical ownership) in lieu of
using the parking space standards found elsewhere in this Code. However,
certain land uses may require less parking; and combinations of land uses
Page 4 of 36
may be able to reduce the total number of spaces by sharing those spaces
during differing peak hours or because of pedestrian traffic or multi-purpose
trips. Modified standards may be approved if fewer spaces will
accommodate the number of vehicles that can be expected to be attracted to
that use (or combination of uses) at the proposed location. Such a
modification may be made on individual parcels of land (or adjoining
parcels under identical ownership) by the building official when permitted
by consensus national codes or standards or after submission of persuasive
technical evidence (such as publications of the Institute of Transportation
Engineers (ITE)). Modifications that involve shared parking on parcels of
land that are not under identical ownership, or parking in a different
municipality than the principal building regardless of ownership, may be
approved through the special C-3 PUD procedures found below in section
45-34.1(10).
a. Auditoriums of any kind — 1 space per 3 seats.
b. Banks and other financial institutions — 3 spaces per 1,000 square
feet.
C. Hotels and motels — 1 space per guest room plus 1 space per 2
employees during the peak period; parking for restaurants and other
guest facilities to be calculated separately.
d. Offices, medical/dental — 5 spaces per 1,000 square feet.
e. Offices, all other — 3 spaces per 1,000 square feet.
f. Residential — 2 spaces per dwelling unit.
g. Restaurants and nightclubs — 12 spaces per 1,000 square feet,
except 6 spaces per 1000 square feet for restaurants offering take-
out service.
h. Retail uses and personal services — 4 spaces per 1,000 square feet,
except 1.5 spaces per 1,000 square feet for furniture sales.
i. Shopping centers — 4 spaces per 1,000 square feet.
j. Uses not listed above to be determined by the building official using
standards found elsewhere in this Code or upon submission of
persuasive technical evidence about the number of vehicles that can
be expected to be attracted.
Page 5 of 36
NOTES:
1. All areas are measured as gross floor area except multi -
tenant shopping centers and office complexes, which are
measured as gross leasable area.
2. Fractional spaces can be disregarded.
3. Wherever the term "identical ownership" is used, the land
parcels in question must be contiguous and must be owned
by or under the unified control of the applicant.
(3) Off-street loading and internal circulation. Requirements for off-street
loading, parking lot aisles, accessways, and general internal circulation shall
be same as would apply in the C -S zoning district.
a. Lighting: Parking lots shall be fully illuminated during hours of
business operation with a minimum standard of illumination from
closing to dawn per the Palm Beach County Code or ITE, whichever
is more stringent.
(4) Landscaping. Landscaping shall be required along the outer boundary of the
C-3 zoning district (irrespective of any municipal boundary) and also in
unroofed parking areas whenever a parking area is constructed,
reconstructed, or reconfigured. In addition to the other provisions of
Chapter 27 of this Code, the following landscaping requirements shall be
met:
a. Required landscaping adjacent to public rights-of-way: The
required landscaped strip between a public right-of-way and an off-
street parking area shall be at least fifteen (15) feet wide and shall
contain at least five (5) shade trees and eighteen (18) shrubs for each
one hundred (100) lineal feet.
b. Parking area interior landscaping for unroofed parking areas: At
least ten (10) percent of the total paved surface area shall be devoted
to landscaped areas. Each area counting toward the ten (10) percent
total shall have an average minimum dimension of ten (10) square
feet. At least one (1) shade tree shall be planted for every two
hundred fifty (250) square feet of required internal planting area. No
parking space shall be more than one hundred (100) feet from a
shade tree planted in a permeable island, peninsula, or median
having a ten -foot minimum width.
C. Indigenous native vegetation: To reduce maintenance and water
consumption, required landscaping shall include at least seventy-
five (75) percent indigenous native trees and fifty (50) percent
indigenous native shrubs.
Page 6 of 36
d. Installation: All required landscaping shall be installed using
xeriscape principles including water conservation through the
appropriate use of drought -tolerant plants, mulching, and the
reduction of turn areas. Irrigation systems shall be designed to
operate only when needed and only in those areas that require
irrigation.
e. Maintenance: The property owner shall be responsible for the
maintenance of all required landscaped areas in a healthy and
vigorous condition at all times. Required trees shall not be trimmed
or pruned in such a way as to alter or limit their normal mature
height or crown spread. If required plants die, they shall be replaced
within sixty (60) days.
(5) Setbacks and height. The following setback, height, and spacing regulations
apply in the C-3 zoning district:
a. Perimeter setbacks: All buildings and structures shall be set back a
minimum of thirty (30) feet from the outer boundary of the C-3
zoning district, except an interior common municipal boundary. For
buildings in excess of two (2) stories or thirty (30) feet in height,
one (1) foot shall be added to the required perimeter setback for each
extra foot of height over thirty (30) feet.
b. Additional setbacks to internal property lines: The need for building
setbacks to property lines adjoining other land zoned C-3 is related
to the existing or proposed uses of those properties. Unless modified
through the special C-3 PUD procedures found below in section 45-
34.1(10), all new buildings and structures shall be set back a
minimum of twenty-five (25) feet from each of its property lines.
C. Maximum building height: The maximum height of any building
shall be fifty (50) feet.
d. Spacing between buildings: The minimum spacing between
individual buildings on the same or adjoining C-3 properties shall
be as required by applicable fire and building codes.
(6) Maximum lot coverage. There is no fixed cap on lot coverage or floor area
ratio. Maximum intensity will be governed by the application of the parking,
loading, setback, building height, and surface water management standards
found herein.
(7) Signs. In addition to the other provisions of sections 6-111 through 6-117
of this Code, but notwithstanding any conflicting standards found therein,
Page 7 of 36
signs in the C-3 zoning district shall comply with the following regulations
unless modified through the special C-3 PUD procedures.
a. Ground signs are mounted on a monolithic base and are independent
of any building for support. They are permitted only when the sign
and base are monolithic and have essentially the same contour from
grade to top. Ground signs that meet the following regulations are
permitted in the C-3 district only along U.S. Route 1 and Northlake
Boulevard:
1. Maximum number of ground signs: One (1) ground sign
along U.S. Route 1 and one (1) ground sign along Northlake
Boulevard, regardless of jurisdiction, North Palm Beach or
Lake Park.
2. Maximum height of ground sign base: Three (3) feet.
3. Maximum height of ground signs: Thirteen (13) feet
including the base, measured from the finished grade nearest
the base (excluding berms).
4. Maximum size of ground signs: One hundred (100) square
feet; copy may be placed on two (2) sides of a ground sign
without counting the area twice.
b. Pole signs are not attached to any building and are supported upon
the ground by poles or braces. Pole signs are not permitted in the C-
3 district.
C. Wall signs are those that are attached to the exterior of a building or
structure in such a manner that the wall becomes the supporting
structure, and may form the background surface, of the sign. Wall
signs are permitted in the C-3 district provided they meet the
following regulations:
1. Maximum depth of wall signs: Wall signs may not be painted
directly on the wall and may not project more than two (2)
feet from the building to which they are fastened.
2. Allowable slope of wall signs: Wall signs may not be
attached to walls that slope more than forty-five (45) degrees
from a vertical plane.
3. ,Maximum height of wall signs: Eighteen (18) feet measured
from the finished grade nearest the wall, except that on a
building of more than two (2) stories, a single wall sign is
Page 8 of 36
allowed above eighteen (18) feet. No wall sign may extend
above the top of the wall to which it is attached.
4. Maximum number of wall signs: One (1) permanent wall
sign is permitted for each business which has direct ground
level walk-in access from a public or private roadway or
sidewalk, and one additional permanent wall sign
identifying the building is permitted for each multiple
occupancy complex.
5. Maximum size of wall signs: Five (5) percent of the area of
the wall to which it is attached; or seven (7) percent if the
front building setback is greater than seventy (70) feet; or ten
(10) percent if the front building setback is greater than one
hundred (100) feet. However, in no case shall a wall sign
exceed one hundred (100) square feet in size.
d. Roof signs are erected and constructed wholly on and over the roof
of a building, and are supported by the roof structure or are an
integral part of the roof. Roof signs are not permitted in the C-3
district.
e. Size computations: When these regulations establish the maximum
size of a sign, it shall be computed by means of the smallest square,
circle, rectangle, triangle, or combination thereof that will
encompass the extreme limits of the writing, representation,
emblem, or other display, together with any material or color
forming an integral part of the background of the display or used to
differentiate the sign any backdrop or structure against which it is
placed.
f. Allowable colors: Notwithstanding the regulations in Chapter 6 of
this Code, color tones utilized for all signs complying with these
regulations shall be compatible with surrounding area.
g. Lighting: Signs containing illumination shall be turned off by 12:00
a.m. (midnight) each night, or when the business closes, whichever
is later.
h. Appeals: Notwithstanding conflicting appeal procedures found
elsewhere in this Code, all requests for modifications to sign
regulations in the C-3 zoning district shall be made- through the
special C-3 PUD procedures found below in 45-34.1(10).
(8) Surface water management. A complete surface water management system
�--� shall be provided to current standards of the South Florida Water
Page 9 of 36
Management District whenever a building or parking area is substantially
redeveloped.
(9) Location of business for retail sales of alcoholic beverages.
a. No licensed retail sales of alcoholic beverages shall be carried on
where the proposed place of business is within five hundred (500)
feet of a church, synagogue, temple or other place of worship.
b. The method of measurement provided for above shall be made or
taken from the main front entrance of such church to the main front
entrance of the applicants proposed place of business along the route
of ordinary pedestrian traffic.
C. The restrictions of section 45-34.1(9), (1)[a.] shall not apply to the
retail sale of beer, ale or wine for off -premises consumption.
d. The restrictions of section 45-34.1(9), (1)[a.] shall not apply to any
bona fide restaurant as defined and licensed under Florida Statutes
as a restaurant with full kitchen facilities, regardless of size or
seating capacity, where alcoholic beverages are served solely as an
accessory use to the restaurant and only when such restaurant is open
for the sale and service of food.
(10) Special C-3 Planned Unit Development (PUD) provisions. Land in a G
zoning distriet may ha-ve ffagmented owner -ship or may adjoin -
boundary. Despite these eomplieations, the Village of Nofth P.I.A... Beaeh
desifes to pfovide for an added degree of flexibility in the plaeement a
1Y4V11V1Ut1ovs 1p of
the buildings
and land
uses in this striEt. One (1) O-
mor�ndowne
the
3 istr-ret may ereet to use these speei nl 12 -ora
prveedufes to approval
of a site developmentplan
that re`^1Yi�S
tefms of these zoning and land development regulations. These proeedur
may also be used to seek approval for- eer-tain land uses that are not permitt
by right in the C 3 distr-iet (see section 4 5 3 4.1 (1) aboN,e) or- to r request Q
speei fi e o i fi e ti o to the sig regulations. However, any 12 TTI appr�� rn l
i�ndef these p oeed res must be eonsiste t wi�l�o spirit intent o f �o
ulluvl Cli '�Z 72V� n CCTI'C'Crl-
G J zoning Cistriet and
n must also eo eonsiste t with t omprfe ensiw
It is the intention of the village to provide a mechanism and process
to promote the redevelopment of the obsolete and underutilized areas of the
C-3 zoning district with large-scale, master -planned projects that promote:
a mix of uses; connectivity; pedestrian -oriented development; removal of
surface parking; creation of public/civicatg hering spaces; and shopping,
entertainment, and restaurant uses within the form of an urban
neighborhood incorporating residential development as an integral use.
J These projects promote the economic and redevelopment goals of the
Page 10 of 36
village, and the village has created these planned unit development (PUD)
provisions to facilitate these goals. The development regulations applicable.
within the PUD are not permitted or allowed by right and shall only apply
if the village council determines that each of the threshold criteria is met.
Properties located in the C-3 zoning district that do not meet the threshold
criteria set forth below may utilize the general PUD provisions of section
45-35.1 of this code as set forth in section 45-35.1(D). Properties located
in the C-3 zoning district that do meet each of the threshold criteria below
may, at the option of the property owner, utilize the following special PUD
regulations:
a. The threshold criteria for use of these special provisions are as
follows:
1. The development parcel includes a minimum of at least five
(5) contiguous acres of land that will be initially reviewed
and approved as one overall development project. Any
subsequent amendments to such plan or individual phases of
such plan shall also be subject to these special provisions.
2. The proi ect provides a minimum of one-half (1/2) acre for a
civic space within the project site. "Civic space" shall be
defined as an open space that is dedicated for public use
includingall ll adjacent pedestrian amenities. The civic space
may include, parks, plazas, courtyards,playgrounds, or
similar uses. The civic space may be owned, maintained
and/or operated either publicly or privately. The civic space
may be reconfigured or relocated from the orientation shown
on the regulating�plan. Civic space provided pursuant to this
subsection shall be credited towards the public sites and
open spaces requirements of section 36-23 of this code.
3. To achieve a mixed-use project, a minimum of 50,000
square feet of the total project development shall be
allocated to non-residential uses.
4. The proi ect provides additional public benefits in the form
of enhanced landscaping over and above code requirements;
enhanced pedestrian amenities (such as awnings canopies,
outdoor art, or seating areas); the creation of functional
living, shopping and/or working environments; or
innovative architectural design. The village council reserves
the right to approve alternate public benefits.
Page 11 of 36
. Automobile�C2' ek, Vl lily iyc1'-1e dealers (new or • sed)
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a b. Allowable changes to existing regulations: No PUD approval can
permit any development that is inconsistent with the Comprehensive
Plan. Subject to this limitation, changes may be eensi er-e th ough
this pr -ones to
any zoning and
en land
an development regulation that the
L111J t./1VVV
village eotmeil finds would unduly eanstrain desirable fe use an&ef
redevelopment of
land
d in the zoning
C 3 distrl ni• After-
\ `.1Or eh
1 V V
eh nges are made by+I 1ei�`'G'illage nouneil, these changes shall geye fry
to the extent o f een fl t with these rortuWi� the village council
�ZvnzT1-�—���rr� ��.�G�Z6
mqy grant waivers to the applicable regulations set forth in this
section and as otherwise provided in this chapter subject to the
following:
1. A waiver request in the C-3 zoning district cannot be used
to:
i. Add uses that are not allowable under this code;
ii. Increase the allowable floor area ratio; or
iii. Increase the allowable building height.
2. When evaluating waiver requests, the village will consider
the following factors and M additional criteria set forth in
the relevant zoning district:
i. The extent to which the alternate standard proposed
b thepplicant differs from the code's standard that
would be waived;
11. Whether therg anting of the waiver will lead to
innovative design in which other minimum standards
are exceeded;
Page 12 of 36
iii. Whether the request clearly demonstrates sufficient
public benefits;
iv. Whether the request furthers the goals of the village
master plan, and exemplifies the architectural,
building, and site design techniques desired within
the village's appearance plan;
V. Whether the requested waiver can be granted in the
zoning district;
vi. Any unusual circumstances regarding the property or
immediate area, including the location of power
lines, specimen trees, or shade trees; and
vii. The effect of approvin or r denying the waiver on the
development project and on the surrounding area.
C. Minimum PUD requirements.Unified control: There is no minimum
par -eel size for- PUDD applieations. However-, most favor -able
eonsider-at o n willbe given to aprchea ions t lnZeneoRVass
the
largest possible land J
and no par -eel that is smaller- than its siz-e
when this seeti 71Twasadopted
(MafCLh, 1 995) may be
cres L11��ub •1C�G�GCd
.l
tmiess
development r€g ts. All parcels submitted in a single PUD
application must be contiguous and must be owned by or be under
the unified control of the applicant. All common areas shall be
subject to joint maintenance by all of the property owners within the
PUD, and the unified control documents shall provide for reciprocal
easements over all streets, driveways, parking areas, pedestrian
areas and civic space in favor of all properties within the PUD.
While the village shall always treat the PUD as one project,op rtions
of the PUD may be conveyed to third parties by metes and bounds
once the unified control documents have been approved by the
village attorney and recorded in the county public records.
d. Application procedures: PUD applications made under this section
shall be accompanied by the applicable fee and shall contain the
following:
1. Satisfactory evidence of unified control of the entire area
within the proposed PUD; agreement to abide by the
conditions of approval, if granted; and ability to bind
successors in title to these conditions if the proposed
development is built.
Page 13 of 36
2. A proposed master site development plan in sufficient detail
to show the approximate locations of buildings, parking
areas, and stormwater management facilities. This plan shall
also show the exact locations of all access points to public
streets and to any abutting land zoned C-3, whether, in Lake
Park or North Palm Beach. The master plan shall also
include intensity of each use, maximum floor area ratio
(FAR), and building heights. The master plan may include
phased development.
stand An application and justification statement
describing the proposed land uses, identifying requested
waivers, demonstrating compliance with all code
requirements, and setting for any volunteered limited
conditions furthering the intent of the C-3 zoning district.
4. AsPeeif e list ,deeming any of the dditional land yes
listedinsectio n S 2 41! 1 (111 fef w-hieh the appliez�is.
. Veylh`\icular circulation plan and traffic
impact study completed by a certified transportation
engineer.
5. Any yolufAeefe limiting nev'11 V Tthat eauld provide
that the development as pfoposed would +
'
the intent and spifit of the C 3 distfiet and the Come fehensive Plan. Conceptual drainage plan and
statement prepared by a certified civil engineer.
6. Conceptual landscape design completed by a registered
landscape architect.
7. Preliminary plat
8. Conceptual architecture elevations and/or renderings and
any other information requested by the community
development director.
The site development
lists of altemate standards and additional
� volunteered
QQ,
land u1ses PVlunteered eendit should
be submitted IT7reqtte—CL
format suitable for attaeliment to an or-dinanee approving the
C.T.
Page 14 of 36
e. Approval process: PUD applications under this section shall be
forwarded along with recommendations from staff to the planning
commission, which after holding a public hearing shall make a
formal recommendation to the village council of approval, partial
approval, ^r i-li c appr^vnl . The village council shall also hold a public
hearing and deeidewhether-to approve, mor
disapprove
the PUD application. to take final action on the
application. Unless the appl i ea ti ^„ is disapproved sapproye in
full, this
etio
shall be by „rrlin z. The applicant may then proceed to obtain
final site plan and appearance approval for specific phases of the
project (if applicable) as indicated in the approved master plan. a14
other
needed development nits in aecor-danee with the village's
f. Application review procedure
bound 7�'t: L —Ij A % TD npp +atio rfoy. _* Property UCC g ^r nressing
the Lake Park tev,% boundary shall meet all of the above
emA„+s. i addition, tOp -Otee - the ivltefeS S Of
Other-
�'Griri � �rrr
`�nefs and the tey , a rlonic+i^r ^i �•l�Q PUD ar.phea. ti�^GIi7t1si+a l
e made
by village nouneil only at n i^k# meeting with the Lake
Park T -^`=ml C^mr. . Regardless of the final governing_ body
approving the project, ct, joint municipal staff review and a joint
int
meeting of the North Palm Beach planning commission and the
Lake Park planning and zoning board. shall be required for approval.
Both municipalities shall review the master plan and subsequent site
plan and appearance approvals, unless otherwise provided for as part
of the master plan approval process. For projects proposed within
the jurisdictional boundaries of both Lake Park and North Palm
Beach, the project shall be reviewed in accordance with the
governing standards of whichever jurisdiction contains eighty
percent (80%) or more of the project area. The governing body of
the same jurisdiction, instead of both governing bodies, shall make
final approval, with recommendations from both advisory planning
boards.
g_ Regulating Plan. Figure 1, Regulating Plan, identifies the
properties, frontage types and street locations for properties
developing under the special PUD regulations.
Page 15 of 36
Figure 1— Regulating Plan
Page 16 of 36
h. Building° ontagtypes.
1. Setbacks. The following setbacks shall apply to development
parcels approved through the site and appearance review
process:
L Perimeter setbacks: All buildings fronting_ public
rights-of-way shall meet the front setbacks as
indicated in the regulating plan and further described
in Table 2.
11. Additional setbacks to internal Droz)erty lines. parcel
lines or private internal streets, drives or alleys: All
internal buildings shall meet the buildingfrontages
rontages
as indicated on the regulating plan and described in
Table 2.
Spacing between buildings: The minimum snacin
between individual buildings on the same property,
same parcel or adjoining C-3 properties shall_ be
determined by applicable fire and buildingcodes.
Page 17 of 36
Table 2 - Building Frontage Types
r ,
The followingfronLqge configurations shall be used within the properties designated on the
regulating plan. See Fi u�l for permitted fronLqge locations.
Frontage Al
RAW III
3.
2.
PALMETTO
DRIVE
'MIN.
0
Page 18 of 36
Frontage A2
R/W
3.
N
PALM ETO
DRIVE 1ni 1.
15' MIN.
Page 19 of 36
Frontage B
Page 20 of 36
Frontage C
5.
0
70
Q
INTERIORS
STREET ` `} 1.
L, LITl tT-Liff 11
2' MIN.
Page 21 of 36
C�
Frontage D
9
3.
2.
E -W SPINE)
STREET
j ti w [Hil
20' MIN.
i. Buildinz Frontaze nercentaze: The buildiniz frontage
percentage is calculated by dividing the width of the building
by the width of the lot along the same street frontage. All
buildings shall have a minimum frontage of seventy percent
(70%) for internal streets and eighty percent (80%) along
Palmetto Drive, U.S. Highway One and Northlake
j_ Development Intensities: Master site development plans
proposed through this process, and meeting the minimum
development thresholds, shall have a maximum Floor Area
Ratio (FAR) of 2.75. The FAR is calculated by the total
gross area of the property, including existing and proposed
Page 22 of 36
easements and proposed public and private streets and alleys
multiplied by the FAR. The maximum building area is
limited by the maximum allowable FAR. "Building area"
means the total air-conditioned leasable or saleable floor
area of a building, including hallways, stairs, elevators and
storage spaces. The building area does not include: non -
habitable enclosed areas on the rooftop; external unenclosed
circulation areas; parking areas and parking garages;
unenclosed colonnades, porches and balconies; and un -air-
conditioned storage spaces.
k. Building Heim
1. Buildings meeting each of the criteria of these special
PUD provisions set forth in subsection (10)(a) are
subject to the following height restrictions:
a. For master site development glans of at least
five 5) acres and with at least 50,000 square
feet of non-residential uses, buildings may
have up to six (6) stories and a maximum
height of seventy-five feet (75'), not
including roof -top amenities;
b. For master site development plans of at least
seven and one-half (7-1/2) acres and with at
least 70,000 square feet of non-residential
uses, buildings mgy have up to ten (10)
stories and a maximum of one hundred and
twenty-five feet ('125'), not including roof-
top amenities; and
C. For master site development plans of at least
ten (10) acres and with at least 90,000 square
feet of non-residential uses, buildings mgy
have up to fourteen (14) stories and a
maximum height of one hundred seventy-five
feet (175'), not including roof -top amenities.
In no event shall buildings fronting U.S. Hiizhwa
One, Northlake Boulevard and Palmetto Drive
exceed nine (9) stories or one hundred twenty feet
(120') in heisaht within fiftv feet (50') feet of the
right-of-wa.
Page 23 of 36
2. For the purposes of calculating the number of stories
in a building, stories shall be defined as the space
between the finished floor and the top of the
structural slab and adjusted as follows:
a. Each level devoted to parking is considered
as an individual story when calculating the
number of stories in a building, except where
parking levels are screened by a liner
building that is a minimum of twenty feet
(20') deep and at least two (2) stories tall or
an enhanced and aesthetically pleasing
architectural feature that screens the parking_
b. When parking levels are constructed on a
slope or are connected by sloping or circular
ramps, the number of stories will be based on
the non -sloped areas. If there are no non -
sloped areas, the number of stories will be
counted as the highest parking level plus each
parking level below.
C. A mezzanine will not count towards the
number of stories provided the total area of
the mezzanine level is less than fogy _ percent
(40%) of the floor area of the main story
below.
d. Rooftop amenities shall not count as .a stor
so long as no more than forty percent (40%�
of the rooftop shall be fully enclosed, air-
conditioned space. None of the rooftop space
is habitable for residential purposes.
Floor to Floor Hej hts: Development may use the following
standards for the elevation of ground -floors and minimum/
maximum dimensions for floor heights. These standards are
measured as follows in Table 3.
Table 3 - Floor to Floor Standards
Max.
Height of ground -story: 25'
Height of upper -story: 14'
Exceptions: The maximum floor to floor height standards in
Table 3 do not apply in the following circumstances:
Page 24 of 36
c \
M.
1. A story in or under a building that is devoted to
parking is counted as a story when calculating the
number of stories in a building, but does not need to
comply with the maximum floor to floor heights
Table 3.
2. When the total area of mezzanine level is less than
forty percent (40%) of the floor area of the story
below, the mezzanine level does not need to comply
with the maximum floor to floor heights in Table 3.
3. Any that exceeds the height limitation of Table
3 will count as an additional story.
Architectural Features:
1. Main Entrances:
i. The main entrance for all buildings in these
special provisions is its principal point of
access for pedestrians. Main entrances must
face a street, alley, or civic space.
ii. Buildings fronting on two streets may have a
pedestrian entrance on both streets.
2. Facade Transparency:
i. Transparency means the amount of
transparent window glass or other openings
in a buildings fagade along a street frontage.
The transparency ratio requirement is
expressed as the percentage of the transparent
area divided by the entire fagade area. It is
calculated separately for the ground story of
a facade and all upper story floors above the
first floor.
ii. A minimum of sixty percent 60%)
transparency shall be provided for allrg ound
floor non-residential building frontage and all
non-residential uses above the ground floor,
with the exception of garage structures and
floors above the ground floor that are part of
Page 25 of 36
a parking structure which are exempt from
this requirement.
iii. Glazed windows and doors with tinted glass
or applied films will be considered
transparent if they transmit at least fifty
percent 50%) of visible daylight.
iv. The transparent area of windows and doors
include rails and stiles as well as muntin bars
and other separators within primarily lazed
areas; however, the transparent area excludes
outer solid areas such as jambs, sills and trim.
n. Street and Sidewalk Standards:
1. Streets and blocks are indicated on the Reaulatin
Plan, Figure 1. Final development plans may deviate
from the alignment of those streets provided the
modification provides equivalent functionality to
intersections with U.S. Highway One and roads
within the Town of Lake Park. Modifications shall
be requested through the PUD application process.
2. Streets shall be designed in accordance with Figure 2
and shall be built concurrently with the development
or a phasing plan approved by the village.
3. To encourage pedestrian circulation, minor streets
may be designed primarily for pedestrian use with
the ability to accommodate service and emergency
vehicles when required.
4. All streets within the C-3 zoning_ district shall be
owned and maintained privately unless otherwise
approved by the village.
5. Alleys ay be proposed between streets shown on
the regulating plan.
6. Sidewalks adjacent to the U.S. Highway One and
Northlake Boulevard rights-of-way shall be a
minimum of eight feet (8') in width. All other
sidewalks shall be a minimum of six feet (6') in
width.
(----�,Z
Page 26 of 36
7. One-way streets shall only be permitted adjacent to a
civic space, following the lane width, parking and
planter dimensions shown in Figure 2. All one-way
streets shall be in addition to the proposed streets
shown on the regulating plan. A traffic circulation
plan shall be included with the master plan
application to ensure anticipated connections are
maintained.
Page 27 of 36
Figure 2
Description:
Details:
Key:
Width of right-of-way 60'min. A
Movement type Slow
Target speed 25 mph
Width of pavement 3 6' min. B
Travel lanes 10' min. travel lanes C
Bicycle facilities shared travel lanes C
On -street parking 8' min parallel parking D
Pedestrian facilities 12'min. E
Furnishing strip: F
Tree spacing 30' average
o. Landscape Standards. All landscaping shall meet the
requirements of the Article VIII (Landscaping) of this
chapter unless a waiver is requested through the PUD
process.
P-. Parking Standards. Parking shall meet the requirements of
this subsection. Dimensions and specifications for parking
shall meet section 45-36.J of this code.
1. Parking space ratios: Table 4 provides parking space
ratios for various uses on a site within the PUD.
These ratios establish the minimum number of on-
site parking spaces. Ratios based on square feet refer
to the gross floor area.
Page 28 of 36
r�"
Table 4 - Parking Space Ratios
PROPOSED USE
PARKING SPACES
RESIDENTIAL USES
Dwelling, all other dwelling types
Efficiency
1 per unit
1 bedroom
1.25 per unit
2 or more bedrooms
1.75 per unit
Live/work unit
1 per 1,000 W. feet
Assisted living facility
0.5 per resident
Community residential home
0.5 per resident
LODGING USES
Bed -and -breakfast establishment
1 per guest room
Hotel
1 per guest room
Motel
1 per guest room
Time-share unit
1.25 per unit
BUSINESS USES ..
Offices, general
2 per 1,000.s q. feet
Office or clinic, medical or dental
3 per 1,000 sq. feet
Stores & services, general
2 per 1,0001q. feet
Stores & services, large format
3 per 1,000 sq. feet
Convenience store with fuel
5 per 1,000 sq. feet
Dog da e
3 per 1,000 sq. feet
Drive-through facility (for any
---
Garage, parking
-
Restaurant or cocktail lounge
1.0_ per 1,000 sq. feet
Telecommunications antennas
---
CMib', & EDUCATION'USES
Child care facility
1 per 12 students
Church or place of worship
1 per 4 peak attendees
Civic space
---
Family dam
(no additional parking,
Government building
2 per 1,000 sq. feet
Public space
---
School, public or private
1 per 12 students
Page 29 of 36
2. Parking space adjustments. The number of on-site
parking spaces calculated in accordance with Table
4 shall be adjusted under any one or more of the
following circumstances:
i. Mixed-use developments aualifv for the
shared -parking percentage reductions
specified in Table 5 provided the
development includes at least ten percent
(10%) of its gross floor area in a second
category of Figure 4 (residential, lodging,
office, business, and civic/education uses).
ii. Reauired spaces may be located up to five
hundred (500) feet off-site in a dedicated or
j oint-use parking lot provided that
permission to use those spaces is specified
in a binding agreement that is reviewed and
approved during the site plan and
appearance review process.
iii. Golf cart parkiniz spaces may be provided
Residential
Lodging
Offices
Business (other)
Civic / Educ.
with minimum dimensions of five (5) feet
wide by ten (10) feet long. However, none
of the development's required parking
spaces may be met by golf cart parking
spaces.
Table 5 - Shared Parking Reductions
0%
OX 10% 10%
30% 0% 30%
20% 20% 20% 20%
30% 15% 0% 15% 30%
20% 10% 10% 20%
10% 0% 10%
10% 10%
0%
Page 30 of 36
Residential
Lodging
Offices
Business (other)
Civic / Educ.
3. A deferred parking plan may be approved by the
village if a parking_ study is provided that
demonstrates the need for narkiniz is less than what
is required by code, or the owner has demonstrated
that an alternative means of access to the uses on the
site justifies the deferral of the construction of a
portion of the required parking spaces. The deferred
parking plan shall:
Be designed to contain sufficient space to
meet the full parking requirements of the
code. The plan shall illustrate the layout for
the full number of parking spaces, and shall
designate which parking spaces are to be
deferred and the timetable for construction.
ii. Be designed so that the deferred parkin
spaces are not located in areas required for
landscaping, buffer zones, or areas that
would otherwise be unsuitable for parking
spaces because of the physical
characteristics of the land or other
requirements of this code.
4. Phvsical standards for narkiniz lots. driveways. and
loading: Physical standards for outdoor parking lots,
driveways and loading are contained herein or as
modified by a request through the PUD process. No
parking shall be located within the building frontage
setback.
5. Standards for parking garages: Parking spaces may
be provided under or in buildings or in dedicated
parking_ garages instead of being provided in
uncovered surface parking lots. Such parking spaces
need not comply with the ' minimum setbacks for
surface parking lots. These parking spaces must be
screened from view from all streets. Screening may
be provided by rooms in the same building or with a
liner building that is at least two (2) stories tall with
space at least twenty feet (20') feet deep or an
enhanced and aesthetically -pleasing architectural
feature screening the same two (2) stories.
q. Sign Standards: All projects shall provide a sign plan that shall be
reviewed and approved by the village during_ site plan and
appearance approval. Pedestrian oriented signs are strongly
encouraged and no ground signs shall be permitted as part of the
PUD.
Page 31 of 36
r. Lighting Standards: A photometric plan shall be provided during
site plan and appearance review. The plan shall include all luminaire
specifications, pole locations, and foot-candle levels on directly
-� adjacent properties. Light trespass shall be limited to the largest
extent possible.
Section 3. The Village Council hereby amends Article III, "District Regulations," of
Appendix C (Chapter 45) of the Village Code of Ordinances by amending Section 45-35.1 to read
as follows (additional language underlined and deleted language str-i ke through :
Sec. 45-35.1. - Planned unit development.
I. Statement of intent.
A. The intent of this section is to provide, in the case of a
commercial planned unit development consisting of one
(1.0) or more acres, in the case of an industrial planned unit
development consisting of one (1.0) or more acres, and in
the case of a residential planned unit development, an added
degree of flexibility in the placement and interrelationship of
the buildings and uses within the planned unit development,
together with the implementation of new design concepts. At
the same time the intensity of land use, density of population
and amounts of light, air, access and required open space will
be maintained for the zoning district in which the proposed
project is to be located, except as may be permitted for key
redevelopment sites through subsection 45-35.1.VIII.
Nothing herein should be construed as allowing deviation for
uses other than those specified as permitted uses, nor any
greater intensity of use or density of population nor any less
required open space than that which is specified in this
chapter for the zoning district in which a proposed project is
located, except as may be permitted through subsection 45-
35. LVIII.
B. Subject to the foregoing statement of intent, the village
council may, in the case of commercial, industrial and
residential planned unit developments, allow for minor
modification of the provisions of this chapter or other land
development regulations in accordance with the procedure
set forth in subsections II, III, IV and V.
C. The Planned Unit Development procedures in section 45-
35.1 may not be -used in the following zoning districts which
provide a different process for considering minor
modifications:
-
1. C - MU the C MU zoning district allows waivers (see
the C -MU zoning district and section 45-51).
Page 32 of 36
he G 3 zoning stfinet eo +cc nivn�i,al PUD
pr—oee fifes that apply only i.�ifi-(sem
�\ PL7bseetio 4 5 1 4 • 1.K-). . K )
-32. C -NB the C -NB zoning district allows waivers (see
the C -NB zoning district and section 45-51).
D. The Planned Unit Development procedures in section 45-
35.1 may be used in the C-3 zoning district where the
property does not meet the threshold criteria for use of the
special Planned Unit Development procedure set forth in
section 45-34.1(10) of this code. The minimum size
requirement set forth in subsection A above shall not be
applicable to such Planned Unit Developments within the C-
3 zoning district.
Section 4. The Village Council hereby amends Article VII, "Nonconforming Uses of Land
and Structures," of Appendix C (Chapter 45) of the Village Code of Ordinances by amending
Section 45-65 to read as follows (deleted language strieke tIff,,,nl,):
Sec. 45-65. Nonconforming uses of structures or of structures and premises
in combination.
(1) If a lawful use involving individual structures with a replacement cost of
one thousand dollars ($1,000.00) or more, or of structure and premises in
combination, exists at the effective date of adoption or amendment of this
ordinance, that would not be allowed in the district under the terms of this
ordinance, the lawful use may be continued so long as it remains otherwise
lawful, subject to the following provisions:
(a) No existing structure devoted to a use not permitted by this
ordinance in the district in which it is located shall be enlarged,
extended, constructed, reconstructed, moved or structurally altered
except in changing the use of the structure to a use permitted in the
district in which it is located;
(b) Any nonconforming use may be extended throughout any parts of a
building which were manifestly arranged or designed for such use
at the time of adoption or amendment of this ordinance, but no such
use shall be extended to occupy any land outside such building;
(c) Any structure, or structure and land in combination, in or on which
a nonconforming use is superseded by a permitted use, shall
thereafter conform to the regulations for the district in which such
structure is located, and the nonconforming use may not thereafter
be resumed;
Page 33 of 36
(d) When a nonconforming use of a structure, or structure and premises
in combination, is discontinued or abandoned for six (6) consecutive
months or for eighteen (18) months during any three-year period
(except when government action impedes access to the premises),
the structure, or structure and premises in combination, shall not
thereafter be used except in conformance with the regulations of the
district in which it is located;
(e) Where nonconforming use status applies to a structure and premises
in combination, removal or destruction of the structure shall
eliminate the nonconforming status of the land. Destruction for the
purpose of this subsection is defined as damage to an extent of more
than fifty (50) percent of the replacement cost at time of destruction.
(2) If an existing use of a structure was legally permitted on its site prior to
changes in the C -MUS -3 or C -NB zoning districts in 2020 but is not listed
as a permitted use in the new district, that existing use will continue to be
deemed a permitted use and will not be subject to the restrictions in section
45 -65(1)(a) -(c) and 45-65(1)e. Notwithstanding the foregoing, these uses
will not be allowed to continue if discontinued or abandoned as defined
by 45-65(1)(d).
(3) Nonconformities not involving the use of a principal structure, e.g., open
storage, building supplies, vehicle, mobile home, implement and machinery
storage, signs, billboards, junkyards, commercial animal yards and the like,
shall be discontinued within two (2) years of the effective date of this
ordinance or amendment.
Section 5. The Village Council hereby amends Article VIII, "Landscaping," of Appendix C
(Chapter 45) of the Village Code of Ordinances to read as follows (additional language underlined
and deleted language s+,-ieke tIff .,,,,h :
Sec. 45-90. Landscape requirements for site perimeters.
A. Minimum buffer width for site perimeters. A landscape buffer of the widths
specified in Table 45-90 shall be provided around the perimeter of all
parcels in the specified zoning districts.
Table 45-90 —Minimum Buffer Widths
Page 34 of 36
Front Yard
Side Yard
Rear Yard
R-3
8 feet
5 feet i
5 feet
C - Alf U
5 feet 2
-
5 feet
C-2 G
8 feet
10 feet
5 feet 3
C-3
5 feet -2
-
5 feet 4
GNB
5 feet
-
5 feet
All other commercial
5 feet
5 feet 54
5 feet
F- I-1
I
see section 45-38
Page 34 of 36
NOTES:
1 Only required in side yards that adjoin R-1 or R-2 districts
2 Does not apply to all building frontage types; along U.S. Highway 1 and
NoAhlake Boulevard, the front yard landscape buffer may not be placed on a
sidewalk easement (see subsections 45-31.E.6 and 4534)
3 Not required on parcels that adjoint the railroad right-of-way
4 Only required on par -eels thc-A adjoin U.S. Highway I or NeAhlake B6ulevard
�„
v
�w,,,� roo l,�o„t;4 S 2 4 1 .LTl
`
-54 Only required in side yards that adjoin less intense zoning districts (any
residential district)
Sec. 45-91. Landscape requirements for base of foundation.
A. Location and width.
There shall be foundation landscaping within five (5) feet of all
buildings and structures.
a. These landscape areas shall be provided along all four (4)
facades of all structures, excluding rear service areas not
visible by a public road right-of-way or not generally
traveled by the public or visible from adjacent structures.
b. The combined length of the required foundation planting
shall be no less than forty (40) percent of the total length of
the applicable side of the structure.
2. This requirement shall not apply in the C -MU and r 3 . 4_
districts in front of buildings that meet the standards for a gallery,
storefront, or canopy building frontage type.
B. Minimum standards.
1. When required, foundation landscaping shall always extend along
the portions of a facade that directly abut a street, a parking lot, and
other vehicular use areas, excluding doorways.
2. A minimum of one (1) tree shall be planted for each seventy-five
(75) linear feet of building perimeter, using a species suitable for
this location. The remainder of the landscape area shall be treated
appropriately with plantings which may include shrubs; vines,
flower boxes, ground cover, and mulch, and with pedestrian
accessways.
Section 6. The provisions of this Ordinance shall become and be made a part of the Code of
the Village of North Palm Beach, Florida.
Page 35 of 36
Section 7. 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 8. 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 9. This Ordinance shall take effect upon the effective date of Ordinance No. 2023-05.
PLACED ON FIRST READING THIS 9TH DAY OF MARCH, 2023.
PLACED ON SECOND, FINAL READING AND PASSED THIS 13TH DAY OF JULY, 2023.
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY-
VILLAGE
UFFICIENCYVILLAGE ATTORNEY
Page 36 of 36