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2004-14 Amends 45-34 to Add Self-Storage as Permitted UseORDINANCE 14-2004 • AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING VARIOUS SUBSECTIONS OF SECTION 45-34, COMMERCIAL DISTRICT, OF ARTICLE III, DISTRICT REGULATIONS, OF APPENDIX C-ZONING OF THE CODE OF ORDINANCES OF THE VILLAGE; AMENDING SUBSECTION A BY ADDING THE ADDITIONAL PERMITTED USE OF LIMITED ACCESS SELF-STORAGE FACILITIES; AMENDING SUBSECTION B, DEVELOPMENT STANDARDS, TO PROVIDE CONDITIONS FOR LIMITED ACCESS SELF-STORAGE FACILITIES; AMENDING SUBSECTION C, USE AND OPERATING RESTRICTIONS, TO PROVIDE STANDARDS FOR LIMITED ACCESS SELF-STORAGE FACILITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. Subsection A of Section 45-34, Commercial District, of Article III, District Regulations, of Appendix C-Zoning, of the Code of Ordinances of the Village is hereby amended to read as follows: "A. Uses permitted. Within any C-2 commercial district, no building structure, land or water shall be used, except for one or more of the following uses: Any use permitted in the C-lA limited commercial district. 2. Any retail business or commercial use which does not involve the manufacturing or processing of products. 3. Personal service establishments, including, but not limited to, banks, barbershops, bowling alleys, beauty salons, medical and dental clinics, professional and other offices, funeral homes, filling stations, shoe repair shops, laundry pickup stations and self service laundries, furniture display stores and drugstores. 4. Full service automotive dealerships and accessory uses including paint and body shops, repair shops and garages, limousine service and towing service. 5. Retail and wholesale . sales of new vehicular parts, equipment and accessories without on-site installation. 6. Automobile service shops such as full service vehicle repair shops, muffler shops, tire shops, lubrication and oil change, window tinting, wash and detailing. 7. Automobile, truck and trailer rental business. 8. Adult entertainment establishment. • 9. Limited Access Self Storage Facilities, which are defined as a fully enclosed structure for the purpose of indoor storage, with. a minimal amount of access points from the exterior of the building. These exterior access points provide access to interior hallways that directly serve individual storage units rented to the public. No direct access from the exterior of the building to an individual storage unit is permitted." Section 2. Subsection B, Development Standards, of Section 45-34, Commercial District, of Article III, District Regulations, of Appendix C-Zoning, of the Code of Ordinances of the Village is hereby amended to read as follows: "B. Development standards. Every commercial use located within the C-2 commercial district shall be so developed as to comply with the following performance standards: I . Outside display: Outside display areas for sale, lease or rental of vehicles shall be designed as follows: (a) Vehicles may be stored on an approved parking surface .without reference to parking stalls, stall striping or wheel. stops. This type of parking shall be allowed only pt.irsuant to a site plan review and approval subject to Article III of Chapter 6 of the Village Code of Ordinances. (b) Interior landscaping requirements within outside display areas pursuant to Article III of Chapter 27 of the Village Code of Ordinances shall be met by transferring the required landscaping to the perimeter of the site abutting public right-of--ways. The transferred landscaped areas shall be designed and located so as to mitigate and buffer the impact of the aggregated vehicle storage area: 2. Locational and physical restrictions: (a) Repair facilities and paint and body shops shall be located at least one hundred (100) feet from any residentially-zoned lot. Service bay doors shall not be oriented toward any adjacent residentially- zoned property nor oriented toward any adjacent public street. (b) Accessory fuel pump islands and. automated wash facilities for vehicles shall not be located within one hundred (100) feet of any residentially-zoned property. Wash facilities shall be located within a completely enclosed building. Fuel. pump islands shall be located within an enclosed area so that they are not visible off premises. • 2 (c) The sale, lease or rental of automobiles, trucks, motorcycles, and • recreational vehicles is allowed only on lots which meet the following minimum dimensions and area: (1) Minimum frontage of 125' (2) Minimum width of 125' (3) Minimum depth of 200' (4) Minimum area of 1.5 acres 3. Limited access self-storage facilities shall be accompanied by the following conditions: (a) All exterior service doors must not be visible from any public street or adjacent property. (b) The architectural treatment of all buildings must reflect the actual number of stories. (c) No blank walls shall be permitted (d) A mix of uses must be provided that includes a minimum of ten percent (10%) Gross Floor Area (GFA) retail or professional office (excluding the on-site management office for the self-storage facility). (e) A minimum of one thousand (1,000) feet separation from property line to the closest adjacent property line shall be required between limited access self-storage facilities." Section 3. Subsection C, Use and operating restrictions, of Section 45-34, Commercial District, of Article III, District Regulations, of Appendix C-Zoning of the Code of Ordinances of the Village is hereby amended to read as follows: "C. Use and operating restrictions. Every commercial use located within the C-2 commercial district shall be so operated as to comply with the following performance standards: 1. No industrial equipment or vehicles shall be sold, leased, rented or otherwise stored within the C-2 district. For purposes herein, industrial equipment is defined as equipment used primarily for purposes other than transportation or hauling. Trucks other than pickup trucks, vans and jeeps shall be displayed in areas separated from a public right-of--way by a building. • 2. No vehicle shall be parked for display purposes with its hood or trunk open, nor elevated off the ground in any way. Vehicles shall not be parked in any right-of--way or driveway. 3 3. Advertising, flags, pennants, streamers, balloons, signs or vehicle stock numbers shall not be displayed on any vehicle or equipment. Similaz objects or advertising designed to attract the public's attention shall not be displayed outdoors on any lot, building, vehicle or equipment. 4. Any azeas designated for the off-loading of vehicles or for loading and deliveries shall be located to the rear of buildings and shall be located so as to contain noise on-site. These areas shall not be located closer than one hundred (100) feet from any residentially-zoned lot and shall be appropriately designated, mazked and signed. 5. Dealers are prohibited from using streets in a residential zone for the testing of vehicles after servicing and for the demonstration of vehicles. 6. Exterior lighting fixtures shall not exceed twenty-five (25) feet in height; shall be directed away from adjacent properties; shall confine light to the site only; and shall not exceed when measured at any property line, the following illumination: (a) One hundred (100) foot-candles within display areas. (b) Forty (40) foot-candles within all areas. (c) After 11:00 p.m., the illumination in display areas shall be reduced to fifty (50) foot-candles. 7. No outdoor speakers or public address systems that are audible from the exterior of the site shall be permitted. 8. Customer pazking shall be mazked with an above grade sign and shall be physically sepazated from the vehicle sales, storage and display azea. This barrier may be in the form of a landscape strip, curbing or removable bollards. 9. The height of buildings, the site azea of buildings, yard spaces, and floor azea regulations in the C-2 zoning district shall be the same as required in the C-1 neighborhood commercial district, with the following exception: Limited access self-storage facilities shall be limited to a maximum of three (3) stories in height. 10. With the following exceptions, off-street pazking regulations shall be the same as for the C-1 neighborhood commercial district: (a) Full-service automotive dealerships, Customer and employee • parking requirements; One (1) space for each five hundred (500) square feet enclosed floor area, plus one (1) space per each four 4 thousand five hundred (4,500) square feet of outdoor sales display • and rental area, plus one (1) space per service bay, plus one (1) space per employee of the shift of largest employment. Parking for vehicle storage, sales or display may not be counted toward meeting the number of required off-street parking spaces or to be provided for customers and employees. (b) Limited access self-storage facilities, one (1) space for each two hundred (200) storage units plus five (5) customer parking spaces." Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any reason held by a Court to be unconstitutional, inoperative or void, such holding shall not affect the remainder of this Ordinance. Section 5. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 6. This Ordinance shall take effect immediately upon passage. PLACED ON FIRST READING THIS 10th DAY OF JUNE, 2004. PLACED ON PUBLIC HEARING THIS 8th DAY OF JULY , 2004. .~` ~, A • 5 PLACED ON SECOND, FINAL READING AND PASSED THIS 8th DAY OF JULY , 2004. EXHIBIT "A" • LEGAL DESGRIPnON: PARCEL A: A PARCEL OF LAND L YMG M SfC71ON 17, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULAf~Y DESCRIBED A5 FOLLOWS: COMMENCING AT THE POlN7 OF INTERSECTION OF THE EASTERLY R1~HT OFWAY LINE OF THE FLORIDA FAST COAST Ra1LR0AD W!l H THE WE5TERL Y FjCTENStON Of THE SOUTHERL Y RIGHT OF WAY LINE OF RICHARD ROAD A9 SAID RIGHT OF WA Y lS SHOWN ON THE PLAT OF KELSEYACRES, AS RECORDED IN PLAT 600K2Z, PAGE 18, PUBUC RECORDS OF PALM BEACH COUNTI', FLORIDA; THENCE SOUTH 20 ° 55' q@° EASTALONG THE 843TfRL Y RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILROAD (1HE Ei1STERL Y RIGHT OF WAY UNE OF THE FLORIDA EAST COAST RAILRDA013 ASSUMED TO 9E4R SOUTH 20 ` 55' 46" EAST AND ALL OTHER BEARINGS STATED HEREIN ARE RELATNE THERETO) A D!5 TANCE Of 530.00 FEET TO THE POINT OF BEGINNWG OF THE HEREINAFTER DESCRIBED PARCEL; THENCE CONTINUE SOUTH 30 °55'•46' EASTALONG SAID RIGHT OF WAY UNE, A DISTANCE OF 485 00 FcET; THENCE NORTH 68 ° 0 f' dS" EAST, A DISTANCE OF 2)7.03 FEET TO THE POINT OF INTERSECTION WITtI THE FAST UNE OF NORTHERS T QLWRTFJi OF THE SOUTHWEST 4LfARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 77; THENCE NORTH Of °39'18" E4STALONG $AlD EASTUNE, A DISTANCE OF 15794 FEET TO TH1= POINT OF INTERSECTION WITH THE WESTERL Y RIGHT OF WAY UNE OF STATl: ROAD AL TERNAT7: A-! A, AS SHOWN ON ROAD PLAT 800K B, PAGES ?80 THROUGH r@T, PUBLIC RECORDS OF PALM BEACH COUNTY, FCDRlDA, SAID POINT LYING l]N A CURVE CONCAVE TO THE WEST, NAVfNG A RADIUS OF 6195.45 FEET, A CENTRAL ANGLE OF 43 ° O7' 42"AND A RADIAL BEARING A7 THIS POINT OF NORTH 68 ° 58' 21' EAST; T}iENCE NORT'HERLYALONG THE ARC OF SAID CURVE ANO 5A10 WESTERLY RIGJ IT OFWAY UNE. A DISTANCE OF 398.17 cF'ET,' THENCE DEPARTING SAID RIGHT OF WAY LINE SOUTH B4 ° 04' 34" WEST, A DISTANCE OF 258,88 FEET TO THE POINT OF 9EGINNING.. CONTAINING IN ALL 2.85 ACRES. i2q, i46.o +~ SQUARE FEET SUBJECT TO EASEMFJdTS AND RIGHTS OF WAYOF RL~ORD. PARCEL 8: A PARCB. OF LAND LYING IN TI1E SOUTHWEST QUAP,TER OF SECTION fT, T04VNSMP 42 SOUTH, RANGE 49 EAST, PALA4 BEACJ• COUNTY, FLORIDA, LYING EASTERLY CF THEFLORIDA EAST COASTRAILROADAND W1=STERLYOF THtE WESTERLY RIGHT' of WAY UNE OF STATE ROAD ALTEI~ivATF AIR, BEWG MORE PARTICULARLY DJ:SGR/8tr0 A5 FOLLOWS.' COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION iT, THENCE NORTH Be °-29' 36" WEST ALONG THE SOUTH UNE OF SAID SECTION 17 (THE 90UTH LINt: pF SAID SECTION 11 IS ASSUA~t=D TO BEAR NORTH 88 ° 29' 3B" WEST AND AIL OTHER SFAWNGS STATED HEREIN ARE RELATNE THERETO), A DISTANCE OF 7'33.66 FEET TO A POINT ON THE BASELINE OF SURVEY FOR STATE ROAD ALTERNATE A 1A AS SHOWN ON ROAD PLAT 800K e, PAGES 180 THROUGH 187, PUBLIC RECORDS OF PACM 8EA(.H COUNTY, FLORIDA: THENCE NORTH 20' 60' f 6' WEST ALONG SAf 0 BASELI NE A DISTANCE OF 119425 FEET TO A POMP; THENCE SOUTH 69' 09'44' WEST A DISTANCE OF 55,00 FEET Tb THE POINT OFCURVAT URE OFA CURVE CONCAV: TO THE SOUTHWEST, HIAVJNG A RADIUS GF 8195.45 FEETAND A cENTRAt ANGLE ~ 00 °15' rs TNENGE NORTHWEST'ERi.YALONG THE ARC OF SAIA CURVEAND WESTERLY RKiNT of WAY UNE OF STATE ROAD AC TERNATEA tA, A DISTANCt: OF27, 60 FEET TO THEPOINT OF BEG/NNING OF THE HEREfNAF7ER DESCRIBED PARCEL' 7HQVCE CON77NUING ALONG THE ARC OF SAID CURV!" AND R1GHT'OF WAY THROUGH A cENTRAL ANGLE OF 0 i ° 54' S8', AN ARC DISTANCE OF 107.19 FEET TO THE POINT OF INTERSECTION WITH THE WEST UNE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST OUARTE'R Of SA10 SECTION tT, NAVfNG A RADIAL BEARING AT THIS POINT OF SOUTH 65' 59' 21"!NEST,• THENCE SOUTH 01 ° 33`28` WE3TALONG SAID WEST LINE, A DISTANCE OF 224,42 FEET TO A POINT,• THFJVCE NORTH 69 ° 08' 44' EAST, A DISTANCE OF 89.75 • FEET TO THE POINT OF BE'G1NNING. CONTAINING 1N ALL 0.2x61 ACRES 9,a rJ.3 ~ SQUARE PEI"T SU9JEC7 T 0 EASF.~AENTS AND RIGHTS OF WAY OF RECORD.