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Ordinance 049 Amendment to Ord. #20Page ORDINANCE ## 49 AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, PALM BEACH COUNTY, FLORIDA, AMENDING ORDINANCE N0. 20, AS HERETOFORE AMENDED THE ' , SAME BEING THE COMPREHENSIVE ZONING ORDINANCE OF SAID VILLAGE, BY SUPPLYING AN ADDITIONAL DEFINITION UNDER SECTION 2 THEREOF; BY MODI FYING THE PERMITTED USE OF PROPERTY ZONED R-1, SINGLE FAMILY DWELLING DISTRICT, R-2, PdUI.TIPLE FAMILY DWELLING DISTRICT, AND C-lA, LIMITED ' COMMERCIAL DISTRICT; BY MODIFYING THE BUILDING HEIGHT REGULATIONS THERE_ OF PERTAININT TO ZONING CLASSIFICATIONS R-2, MULTIPLE FAMILY DWELLING DISTRICT, R-3, APARTMENT DWELLING DISTRICT, AND C-lA, LIMITED COMMER- CIAL DISTRICT; BY MODIFYING THE PRESCRIBED HEIGHT FOR THE ABOVE GROUND • PROJECTION OF SWIMMING POOL CONSTRUCTION; BY REMOVING CERTAIN LANDS FROM THE A-1, SINGLE FAMILY DWELLING DISTRICT, AND C-lA, LIMITED COMM- . ERCIAL DISTRICT, ZONING CLASSIFICATIONS, AND RECLASSIFYING SAID LAND AS R-3, APARTMENT DWELLING DISTRICT; BY DIRECTING THE VILLAGE MANAGER TO BRING THE OFFICIf1L ZONING MAP INTO CONFORMANCE HEREWITH; BY PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT HEREWITH; AND BY PROVIDING FOlA AN EFFECTIVE DATE HEREOF. ' WHEREAS the Villa e Council of th Vill f N th P l B , g e age o or m a each, pursuant to authority vested in it under Sectionl4 of Ordinance No. 20, said ordinance being the Comprehensive Zoning Ordinance of said Village, has deemed it advisable and necessary to amend 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 Section 1. That Ordinance ORDINANCE REGULATING THE USES OF WITHIN THE VILLAGE OF NORTH PALM ' RESIDENCE OR OTHER PURPOSES: RE( BUILDINGS AND STRUCTURES, THE S A S, THE DENSITY AND DISTRUBUI'ION OF POPULATION AND FOR SAID PURPOSES, CREATING SIX (6) DISTRICTS AND ESTABLISHING THE BOUNDARIES THEREOF AND ADOPTING A MAP OF SAID DISTRICTS: DEFINING CERTAIN TERMS USED: ESTABLISHING A follows: No, 20 entitled "A COMPREHENSIVE LAND, WATER, BUILDINGS AND STRUCTURES BEACH, FLORIDA, FOR TRADE, INDUSTRY, aULATING THE LOCATION, HEIGHT, SIZE OF T7F OF YARDS AND OTHER OPEN SP CE Page • BOARD OF ADJUSTMENT AND PROVIDING FOA THE ENFORCEMENT AND AMENDMENT THERE OF AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS. " be and the same is hereby amendf=d in the following respects, to wit: ' An additional definition shall be appended to Section 2,-which said definitio n shall read as follows: " A story is that portion of a building between the surface of any floor and the _ surface of the floor next above it, or, if there be no floor above it, then the space between any floor and the ceiling next above ' it." Subsection 5. A. 2_. is hereby amended to henceforth read as follows: "Section 5. R-1 SINGLE FAMILY DWELLING DISTRICT A. USES PERMITTED • 2. Public Schools" - Subsection 6. A. 4. reading as follows: "Section 6. R-2 MULTIPLE FAMI]•~Y DWELLING DISTRICT A. USEiS PERMITTED. ' 4. Nursery or private schools." is hereby deleted from the aforesaid Subsection 6. A. Subsection 6. B. is hereby amended to henceforth read as follows: "Section 6. R-2 MULTIPLE FAMILY DWELLING DISTRICT B. BUILDING HEIGHT REGULATIONS. No main building ' shall exceed two (2) stories or 30 feet in height, whichever be less " . Subsection 6A. B. is hereby amended to henceforth read as follows: "Section_6A. R-3 APARTMENT DWELLING DISTRICT. B. BUILDING HEIGHT REGULATIONS. No main building shall exceed two 2 stories or thirty 30) feet, in height at the required front, rear and side building line. For structures in excess of two (2) stories in height, five (5) feet shall be added to the required front, rear and side yards for each story added to the building in excess of two (2). No Main building however shall occupy more than thirty-rive (35) per cent of the site area so required." • Subsection 6A. C. 2. is hereby amended to henceforth read as follows: "Section 6A. A-3 APARTMENT DWELLING DISTRICT. ~. ror multiple family dwelling structures having five dwellint.3' units, the minimum lot or building site area shall be eleven thousand (11,000) square feet and have a width of not less than 80 feet." Subsection 7. A. is hereby amended to henceforth read as follows: "Section 7. C-1A LIMITED COMMERCIAL DISrRSCT. A. USES PERMITTED. Within any C-lA Limited Commercial District, no building, structure, land or water shall be used, except for orie or more of the following uses: 1. Any use permitted in the R-3 Apartment Dwelling District. 2. Hotels and Motels. 3. Restaurants other than drive-in restaurants, including cocki:ail lounges. Page 4. Nursery and private schools. 5. Golf club and its accessory uses such as restaurant, bar, driving range and equipment store. 6. Professional off ices including real estate offices, finance offices=medicai:~and~d~ntal clinics and the like providing same are architecturally and structurally in harmony with the spirit of the community." n Subjection 7. B. is hereby amended to henceforth read as rollows: "Section 7. C-1A LIMITED COMMERCIAL DISTRsICT. B. BUILDING HEIGI~T REGULATIONS. No main building shall exceed two (2) stories or thirty (30) feet in height at the required front, rear and side building lines. For structures in excess of two (2) stories in height, five (5) feet shall be added to the required front, rear and side yards for each story added to the building in excess of two (2). No main building however shall occupy more than thirty-five (35) per cent of the site area so-required." Subsection 11. 3. is hereby amended to henceforth read as _ follows: "Section 11. GENERAL PROVISIONS. ' 3. Swimming pools shall be set back at-least seven and one- half (7%) feet from the back property line measured from the rim of the pool and lot less than five (5) feet from the side property line including the two and one-half (2%) feet walk around the pool. The highest projection of the swinning pool shall not exceed two (2) feet. Outdoor fireplaces not exceeding six (6) feet in height may be erected and maintained, said structures, however, shall not be erected within five (5) feet of any rear lot line." Section 2. The following described lands are 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, excepting the Westerly i two hundred (200) feet thereof, is hereby removed from the respective zoning classifications, R-1, Single Family Dwelling District, and C-lA, Limited Commercial District, to wit: A.parcel of land in Sections 9 and 16, Township 42 South, flange 43 East, Palm Beach County, Florida, more particularly described as follows: A11 of that part of Government Lots 1, and 2, of said Section 16, and of Government Lots 3 and 4 of said Section 9 which lies easterly from the easterly right of wa line of State Road No. 5. {U. S. Highway No. 1~ as said right of way is shown on Right of Way hiap recorded in Road Plat Book 2, pages 105 to 118, inclusive, Public Records of Palm Beach County, Florida, and all of that part of Government Lot 2 of said Section g ~rhich'lies easterly from the easterly right of way line of said State Road No. 5 and southerly of the center line of the Inter- coastal Waterway, together with ail riparian xights thereunto belpnging or in anywise appertaining. The land hereinabove described shall henceforth be zoned R-3, Apartment Dwelling District. Page Section 3. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. That this ordinance shall take effect upon its. ' passage and approval as provided by law. PASSED AND ADOPTED bn first reading this 13th day of October , 1959. PASSED AND ADOPTED on second and final reading this 27th day of October 1959_ yor _ ~ `` - (SEAL) ATTEST: ' Village Clerk