2023-17 Code Amendment - R1 Single Family Dwelling DistrictORDINANCE NO. 2023-17
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, AMENDING APPENDIX C (CHAPTER 45),
"ZONING," OF THE VILLAGE CODE OF ORDINANCES TO RECOGNIZE THE
STATE PREEMPTION OF PORTIONS OF ORDINANCE NO. 2022-18;
AMENDING ARTICLE III, "DISTRICT REGULATIONS," BY AMENDING
SECTION 45-27, "R-1 SINGLE-FAMILY DWELLING DISTRICT," TO REMOVE
REGULATIONS RELATING TO THE VOLUME AND MASSING OF TWO-
STORY SINGLE-FAMILY DWELLINGS AND TO ADD A GUIDANCE
STATEMENT; 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. 2022-18 on October 27, 2022, the Village
Council implemented the recommendations of the Ad Hoc Committee and adopted new regulations
to address the volume and massing of two-story single-family dwellings, including additional second -
story setbacks, building wall articulation requirements, and a limitation on the floor area of the second
story; and
WHEREAS, through the enactment of Section 14 of Chapter 2023-304, Laws of Florida (Senate Bill
250), the Florida Legislature prohibited the Village from proposing or adopting more restrictive or
burdensome amendments to its land development regulations retroactive to September 28, 2022 and
declared any such amendments void ab initio; and
WHEREAS, the Village Council wishes to recognize the preemption of the regulations set forth in
Ordinance No. 2022-18 and provide a guidance statement encouraging voluntary compliance with
such regulations; and
WHEREAS, on September 12, 2023, the Planning Commission, sitting as the Local Planning Agency,
conducted a public hearing to review this Ordinance and provided 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), "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
�istrieken tIffetigh):
Page 1 of 9
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:
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
Page 2 of 9
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 (2 5) feet for the first
story and thirty
•y (30) feet
for
the seenzu
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 twenty five (25) feet for the
seeon stem, 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 first story
flee -feet for t-h€-seeenstory. 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.
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Page 3 of 9
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E. Guidance on volume and massinz of sin-ele-family dwellintys. Due to
the legislature's enactment of Chapter 2023-304, Laws of .Florida
(Senate Bill No. 250), the village was required to repeal recently
adopted regulations relating to the volume and massing of single-
family dwellings. However, to preserve the character of the village's
existing single-family neighborhoods, the village encourages the use of
the following_ guidelines when constructing or substantially altering
single-family dwellings:
1. Second -story setbacks should be five (5)feet greater than the
required first -story setbacks. These enhanced setbacks should
apply to the roofed portion of the second story of a two -storms
single-family dwelling
2. Building wall articulation should be provided on all walls with
an unbroken plan in excess of fifteen (15) feet in height and
thirty_(30) feet in length. The articulation should be in the form
of a wall perpendicular to the property line at a minimum
distance of two (2) feet, extending_ parallel to the property line
a minimum of ten (10) feet, and should extend evenly over the
entire height of the building wall (see Figure 1 above).
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3. The second -story of a single-family dwelling should not exceed
seventy-fivepercent (75%) of the floor area of the first story.
Floor area includes all areas lying within the building perimeter
established by the interior side of the exterior walls of the
building, including_ garages, covered patios and open-air
exterior areas under roof. The floor area of the second story
should include areas open to below.
The village council intends to readopt these regulations as of October
1, 2024.
G F. _ 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.
14 G. 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
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(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.
(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;
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(2) Building materials, lawn equipment, tools or
similar items; and
3 Ice boxes, refrigerators and other types of food
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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 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.
I H. 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.
Page 7 of 9
J I. 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 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
Page 8 of 9
only to the extent that the proposed scope of work impacts the
applicable standard.
I J. Maximum driveway width in swale. The total width of driveways from
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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 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 SEPTEMBER, 2023.
PLACED ON SECOND, FINAL READING AND PASSED THIS 12TH DAY OF OCTOBER, 2023.
ATTEST:
l� � J VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
O
VILLAGE ATTORNEY
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