Ordinance 035 Amends Zoning Ord. No.20
ORDINANCE N0. 35
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, PALM BEACH COUNTY,
AMENDING ORDINANCE N0. 20, AS HERETOFORE AMENDED, BEING THE COM-
FLORIDA
,
' PREHENSIVE ZONING ORDINANCE OF SAID VILLAGE, BY PRESCRIBING INTERIM ZONING
FOR LANDS WHICH ARE THE SUBJECT OF ANNEXATION ORDINANCES;.MODIFYING THE
YARD SPACE REQUIREMENTS IN THE C-1A AND C-1 AND.:C-2_DISTRICTS; PROVIDING
AN ADDITIONAL PERMITTED USE IN THE C-2 DISTRICT; BY REMOVING CERTAIN LAND
FROM THE C-lA, LIMITED COMMERCIAL DISTRICT AND RECLASSIFYING SAID LAND AS
C-1, NEIGHBORHOOD COMMERCIAL DISTRICT; BY REMOVING CERTAIN LAND FROM THE
R-1 SINGLE FAMILY DWELLING DISTRICT AND RECLASSIFYING SAID LAND AS C-1
NEIGHBORHOOD COMMERCIAL DISTRICT; BY REMOVING CERTAIN LAND FROM THE R-1
SINGLE FAMILY DWELLING DISTRICT AND RECLASSIFYING SAID LAND AS R-2 MULTIPLE
FAMILY DWELLING DISTRICT; BY REMOVING CERTAIN LAND-PROM R-1 SINGLE FAMILY
DWELLING DISTRICT AND RECLASSIFYING SAID LAND AS C-2 GENERAL COMMERCIAL
DISTRICT; BY DEFINING BY LOT AND BLOCK NUMBERS LANDS CLASSIFIED AS PARTS
OF THE R-1, A-2, AND R-3 DWELLING DISTRICTS; BY DIRECTING THE VILLAGE
MANAGER TO BRING THE OFFICIAL ZONING MAP INrO CONFORMANCE HEREWITH; BY .
PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER
PURPOSES:
WHEREAS,-the Village Council of the Village of North Palm Beach,
pursuant to authority vested in it under Section 14 of Ordinance No. 20,
said ordinance being the Comprehensive Zoning Ordinance of said Village,
has deemed it advisable and necessary to amen d, said zoning ordinance in
certain respects; and
WHEREAS, a. public hearing relating to said proposed amendments was
duly held pursuant to publication of the date and purpose of said hearing
as prescribed by law; and
• WHEREAS, the Village Council has determined that it will be to the
best interest of public welfare, safety and morals to amend Ordinance No.20
in the manner discussed and proposed at said public hearing;
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
' OF NORTH PALM BEACH, FLORIDA, as follows: --
Section 1. That Ordinance No. 20 entitled "A COMPREHENSIVE ORDINANCE
REGULATING THE USES OF LAND, WATER, BUILDING AND STRUCTURES WITHIN THE
VILLAGE OF NORTH PALM BEACH, FLORIDA, FOR TRADE, INDUSTRY, RESIDENCE OR
' OTHER PUAPOSESs REGULATING THE LOCATION, HEIGHT, SIZE OF BUILDINGS AND
STRUCTURES, THE SIZE OF YARDS. AND OTHER OPEIQ SPACES, THE DENSITY AND DISTRI-
BUTION OF POPULATION AND FOR SAID PURPOSES, CREATING SIX (6a DISTRICTS AND
ESTABLISHING THE BOUNDARIES THEREOF AND ADOPTING A MAP OF SAID DISTRICTS:
. DEFINING CERTAIN TERMS USED: ESTABLISHING A BOARD OF ADJUSTMENT AND PRO-
VIDING FOR THE ENFORCEMENT AND AMENDtdENT THEREOF AND PRESCRIBING PENALTIES FOA
Page 2.
Ordinance #35 -
THE VIOLATION OF ITS PROVISIONS." be and the same is hereby amended in the _
following respects, to-wit:
' An additional rule, designated as 4, shall be added to _
Section 3, which rule shall read as follows:
"4. Any land hereafter annexed to the Village of
North Palm Beach, Florida, by ordinance or by legisla-
tive definitian of the municipal boundaries, shall be
designated as part of the R-1 Single Family Dwelling
_
District until rezoned by ordinance after public hearing
' with published notice as prescribed by law."
An additional subsection, designated as Subsection 7, stall
be added to Subsection 2E of Section 7, reading as follows:
"7. No parking shall be permitted in the first ten
(10) feet of the required front yard depth, measured
f
th
f
t
"
li
rom
e
ron
property
ne.
An additional subsection, designated as Subsection 7, shall
be added to Subsection 8E of Section 8, reading as follows:
"7. No parking shall be permitted in the first ten (10)
feet of the required front yard depth, measured from the
front property line."
Section 9, ~=_n titled "C-2 General Commercial District", shall
henceforth read as follows:
"Section 9. C-2 GENERAL COMMERCIAL DISTRICT.
A. USES PERMITTED. Within any C-2 .General Commercial
' =
District, no building, structtare, land or water shall be
used, except for one or more of the following uses:
1. Any use permitted in the C-1 Neighborhood Commercial
District.
2. Automobile Laur:dry.
3. Bakery•
4. Cold storage and frozen food lockers.
5. Contractor's storage and equipment yards.
6. Dry cleaning, dyeing and 1_aundry establishments.
7. Mechanical garage.
8. Plumbing sales room, shop and storage yards.
9. Printing and publishing establishments.
10. Building materials. storage and sales.
11. Wholesale distribution warehouse.
12. Boat building, repair and storage.
13. Establishments similar in character to those enumerated __ --
above, subject, however, to the express approval of. the Village
Council.
' 14. Assembly, precasting and precutting of concrete, steel,
wood or other construction components.
B. PERFORMANCE STANDARDS. Every commercial use located
within the C-2, General Commercial District, shall be so opera-
ted as to comply with the following maxmcxm performance stand - -
ards:
1. Objectionalale noises due to intermittance, beat frequency
• or shrillness shall be muffled or eliminated so as not to become
a nuisance to adjacent uses. Sound levels shall be measured with
a sound meter and associated octave band filter manufactured -
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Ordinance #35
•
according to the American Standards Association.
2. Every use shall be so operated that ground vibra- _
tion inherently and recurrently generated is not perceptible.
' 3. Every use shall be sc operated as to prevent the
emission of smoke, from any source. whatever, to a density
greater than described as Number 1 on the Ringlemann Chart. _ - -_
4. Every use shall be so operated as to prevent the emission _
into the air of dust or other solid matter which may cause dam-
age to property or discomfort to persons or animals at or beyond
the lot line of the property on which the use is located..
' 5. Every use shall be so operated as to prevent the dis-
charge into any drainage ditch, stream, lake or ground of any
waste which will b-e dangerous or discomforting to persons or
animals or vvhich will damage plants or crops or the public
water supply beyond the lot line of the property on which the -_
use is located.
• 6. Every use shall be so operated as to prevent the
emission of objectionable or offensive odors in such concen-
tration as to be readily perceptible at any point at or beyond
the lot line of the property on which the use is located.
7. Each use shall be operated so as to lessen the danger
from fire and explosion.°
Section 2. The following described lands axe hereby rezoned
as more particularly set forth below, and the Village Manager is hereby -
authorized and directed to amend the official zoning map of said Village
so that the changes effected hereunder are appropriately designated thereon:
(a) The following described land is hereby removed from the =
' C-lA Limited Commercial District, to-wit:
Lots 124 through 126 inclusive, and Lots
209 through 221 inclusive, Palm Beach Lake
_
'Worth Estates, according to the plat thereof -
on file-in the office of the Clerk of the
Circuit Court in and for Palm Beach County,
Florida, recorded in Plat Book 25 at pages -
167 to 169 inclusive.
Said land shall henceforth be classified as C-1 Neighborhood Commercial
District.
(b) The following described land is hereby removed from
the R-1 Single Family Dwelling District, to-wit:
•
Those portions of Sections 10 and 15, Township
42 South, R<3nge 43 East, Palm Beach County,
Florida,- lying westerly of the waters of the
Atlantic Ocean; and easterly and southerly _
of the proposed waterway extending from the waters
of Lake Worth; and bounded on the North and the
South by the corporate limits of the Village of
' North Palm I3each, all as depicted on the zoning
map of said Village on file in the Office of the
Village Clerk, said tract being further described
as that land bounded on the east by the waters -_-
of the Atlantic Ocean; on the west by the easterly-
most bulkhead line as depicted on Bulkhead Map #2
attached to Bulkhead Ordinance #31 of said Village,
recorded in the public records of Palm Beach County
' in Official Record Book 181 at page 542; and bounel-
ed on the north and the south by the northerly and
southerly boundaries of said Village.
Said land shall henceforth be classified as C-1 Neighborhood Commercial
District.
• (c) The following described land is hereby removed from
the R-1 Single Family Dvaellinq District, to-wit:
• Page 3. - -
Ordinance #35
That portion of MacArthur Island lying southerly
of the access road thereto as depicted on the zoning_
map of the Village of North Palm-Beach on-file in
the office of the Village Clerk.
Said land shall henceforth be classified as C-1 Neighborhood Commercial
District.
(d) The following described land is hereby removed from the ___
R-1 Single Family Dwelling District, to-wit:
The North 112.5 feet of the Northwest Quarter of
the Southeast Quarter, and the South 487.5 feet
of the Northeast Quarter of Section 8, Township 42
South, Range 43 East, Palm Beach County, Florida,
lying westerly of a line beginning at a point
in the south line of the Northeast Quarter o£ said
Section 8 at a distance 1600 feet easterly from _
the Southwest corner thereof; thence Northeasterly,
• rucking an angle with the south line'of said North- __
east Quarter of Section 8, measured from East to _
Northeast of 65 degrees to the westerly right-of-
way line of the Intracoastal Waterway; thence
Northwesterly along said right-of-way link to the
north line of Section 8.
Said land shall henceforth be classified as part of the R-2 Multiple Family
Dwelling District.
(e) The following described land is hereby removed from the -`
R-1 Single Family Dwelling District, to-wit:
Those portions of the Northeast Quarter of
' Section 8, within the Corporate Limits of the
Village of North Palm Beach, and now designated
as part of said district, and lying westerly of
the following described line: Beginning at a
point in the south line of the Northeast Quarter
of said Section 8 at a distance 1600 feet easterly
of the Southwest corner thereof; thence northeast-
erly making an angle with the south line of
said Northeast Quarter of said Section 8, measured
from East to Northeast of 65 degrees to the westerly,
right of-way line of the Intracoastal Waterway.
Said land shall henceforth be classified as part of the C-2 General Commercial
District.
(f) The following land, hereby defined by lot and block
• number, as shown on Village of North Palm Beach Plat #3 as recorded in Plat
Book 25 at pages 175 and 176, public records of Palm Beach County, Florida,
shall be classified as follows, to-wit:
Lot 1 to 11 inclusive, Block 31
' Lots 12 to 23 inclusive, Block 31 -
Lot 2 to 18 inclusive, Block 36
Lot 1 to 20 inclusive, Block 34
Lot 1 to 32 inclusive, Block 33 __
Lots 1 to 7 inclusive, Block 32
Lots 6 to 11 inclusive, Block 35, as part of the A-1
Sin-g 1e Family Dwelling District,
Lot 1, Block 36
Lots 22 to 30 inclusive, Block 30
Lots 1 to 5 inclusive, Block 35, as part of the R-2
Multiple Family Dwelling District.
Lots 1 to 21, inclusive, Block 30
Lots 1 to 5 inclusive, Block 37 _f
~..ots 14 to 19 inclusive, Block 36
L`ots._11 tc~ 14 inclusive, Block 37
Lots 7 to 25 inclusive, Block 38 - -
Lots 1 to 3 inclusive, Block 39, as part of the R-3
l.partment Dwelling District.
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• Ordinance #35
Lots 1 to inclusive, Block 38 _ __
Lots 6 to 10 inclusive, Block 37
Lots 15 and 16, Block 37 __
Lot 20, Block 36, as part of the C-1 Neighborhood
Commercial District.
' Section 3. That all ordinances or parts of ordinances in con- - -
flict herewith are hereby repealed. -
Section 4. That this ordinance shall .take effect upon its ,
passage and approval as provided by law.
' PASSED AND ADOPTED on first reading this 26th day of -_
August 1958. _ _ -
PASSED AND ADOPTED on second and final reading this -23rd
day of December 1958. _-
yor
(SEAL)
ATTEST:
' 4.r
Village C1erSk~