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2003-05 Adds NLB Overlay Zoning (NBOZ) to District Regulations 05-2003 --~ RDINANCE NO. ~• i AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OFjNORTH PALM BEACH, FLORIDA, ADDING A SECTION 45-35.3, NORTHLAKE BOULEVARD OVERLAY ZONING DISTRICT (NBOZ), TO ARTICLE III, DISTRICT REGULATIONS, OF APPENDIX C, ZONING, OF THE CODE OF ORDINANCES OF THE VILLAGE; PROVIDINGTHAT THE BOUNDARIES OF THE DISTRICT SUBJECT TO THE NBOZ SHALL CONSIST OF THAT PORTION OF THE VILLAGE INDICATED ON THE OFFICIAL ZONING MAP; DECLARING THE NBOZ IS CONSISTENT WITH THE VILLAGE COMPREHENSIVE PLAN; PROVIDING GENERAL PROti'ISIONS; SETTING FORTH ZONINGREGULATIONS; PROVIDING FOR ARCHITECTURAL AND LANDSCAPE ELEMENTS; PROVIDING FOR SIGNAGE AND OUTDOOR DISPLAYS; SETTING FORTH SITE PLAN ELEMENTS; AND FOR OTHER PURPOSES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES URPARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE VII..LAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council ofthe Village ofNorth Palm Beach, Florida, does hereby create a new Section 45-35.3, Northlake Boulevard Overlay Zoning District (NBOZ), to Article III, '- District Regulations, of Appendix C, Zoning, of the Code of Ordinances of the Village and to read as follows: " Section 45-35.3 Northlake Boulevard Overlay Zoning District (NBOZ) ARTICLE 1. ESTABLISHED. The Northlake Boulevard Overlay Zoning District (1vTBOZ) shall consist ofthat portion ofreal properties within the Village that front upon or are adjacent to Northlake Boulevard as indicated on the official zoning map. ARTICLE 2. CONSISTENCY WITH COMPREHENSIVE LAND USE PLAN. The establishment of the >V'BOZ District is hereby declared consistent with the Village Comprehensive Plan. ~4 ;~ 4 ~~ i ~' r ART[CLE 3. GENER~IL PROVISIONS. • Sec.3-l Applicability A_ A~~~licuhility. The provisions of the NBOZ district shall. apply to all existing and future development within. the boundaries of the NBOL district as follows: 1. A11 new development. 2. All renovations, additions, or redevelopment to existing structures where the cost of such is GREATER than fifty percent {.50°io) of the assessed improvement value of the parcel, indicated on the most recent tax roll. of Palm Beach. County Property Appraiser, or an increase of GREATER than twenty percent (20%) of the square footage ofthe existing structure shall conform to one hundred percent (1.00%) ofthe NBOZ Regulations. 3. When the use of an existing structure ceases for one hundred and eighty (180) consecutive days, or as otherwise determined to be a discontinued or abandoned use by the local zoning code. B. Lrvalic! approvals. Im~alid development orders or pertruts of projects, which. have been revoked or have expired shall be subject to all applicable provisions of the NBOZ. _C._ ..._._C_'onflct with_o~h~r at»>liccrhle.re,~rlcrticrrzs._ 1. When the provisions of the NBOZ district conflict with. other Village regulations applicable to the site, the most restrictive provisions shall prevail. 2. Provisions addressed within the Village regulations that are not addressed within the NBOZ district remain applicable in the development or redevelopment of a site in the NBOZ. Sec. 3-2 Procedure and Regulations. A. S'~.rhrnttal procedure. Development or redevelopment within the Corridor shall adhere to the regulations imposed by the NBOZ district. Compliance with the standards of the NBOZ shall be demonstrated b_y submittal of architectural drawings and a site development plan or site improvement. plan in accordance with Village regulations. The development order shall reflect the restrictions imposed by the NBOZ. B. Use re~•rrlations. Restrictions which may be imposed in the NBOZ district. shall. be limited to the following: • 2 1. Reducing the number of land uses permitted by right and permitted by conditional use within the N~BOZ; • 2. Eliminating inappropriate land use within the NBOZ ; 3. Limiting maximum building or impervious coverage permitted; 4. Management of access to abutting and nearby roadways, including specific design features intended to reduce adverse traffic impacts; or 5. Any other specific site development regulations required or authorized by these provisions. C. Revie>7- proceclc~res. Unless otherwise stated within these provisions, the review procedures for development and redevelopment of applicable sites within the NBOZ district shall be pursuant to the Village's revie«~ procedures and approval process. P. Wai~~ers crrrcl vcrricrf~ces. Waivers and Variances from the NBOZ regulations may be granted by the Village reviewing projects which are subject to the NBOZ regulations. 1. Waivers from the NBOZ regulations may be granted by the Village in accordance with. the applicable Village procedures for granting waivers from its own code of ordinances. 2. Variances may be granted by the Village using the same procedures, which the Village uses in granting variances from its code. • 3 ARTjCLE 4. ZONING REGULAT>101~'S • Sec. 4-1 Development Review Regulations A. (:'ozzc/ilirrrzal LTse and S~~eczal Permit L.1se. Conditional Use and Special Permit Use are generally compatible with the other uses permitted in the district, but which require individual revie«r as to their location, design, configuration, intensity and/or density ofuse, buildings and structures, and may require the imposition of conditions in order to ensure the appropriateness of the use at a particular location. The supplemental regulations outlined in Section 4-3 of this Article are to be considered in addition to the existing Village standards, however the most restrictive regulations apply. These uses maybe approved, approved with conditions, or denied after review by the appropriate reviewing agency or board, in accord with the procedures, standards, and limitations of the applicable codes. Special Perniit Uses are generally temporary for a specified fixed period of time. B. Prohibited rzses. Llses not listed. in the Use Chart are prohibited unless it is determined by the Village that the requested use is similar in nature to a listed use and .not contrary to the intent of the NBOZ. C. 1xisling plazzned develnpnzetzt districts. Properties within the jurisdiction. of the Village, which. have a PUD designation at the time of adoption of the NBOZ, shall be permitted to have uses and design guidelines in accordance with. the development order for that planned development district so long as the development order is in effect Any amendment to the PLiD will have to comply with the design guidelines of the NBOZ. D. T'ariances. A variance from the supplementary use standards established in this Article shall. not be granted by the Village. E. Accessory z~se. An accessory use is customarily associated with the principal use, incidental to the principal use, and subordinate in area, extent or purpose, and serves only the principal use. Accessory uses shall be subject to the following: ] . All accessory uses shall. be located on the same lot as the principal use. 2. A use that is an accessory to a nonresidential principal. use shall not exceed thirty percent (30%) of the floor area or business receipts of the principal use. F. Parkirz~7 and loading. All parking and loading standards are governed by the Village. G. Measzrrirzg distances. All required distances between structures and / or uses within this Article shall be measured and determined irrespective of existing municipal. boundaries. • 4 Sec. 4-2 Land Lse Chart r u NBOZ Distl•icts UNDERLYING LAND L'SE EAST' Commercial NBOZ, LAND USE RETAIL CO1lviallellGC Store C1J Convenience Store t;-ilh Uasolinc Sales CCU Drug Slore with Drive-tluough CU Retail Sales P PERSONAL, SERVLCE DrS~ Cleaning 1' F;mer~ency Health Caro Facility i' 1_,a+utdty Services P Personal Services P Veterin~~ Clituc P PROsESSIONAL OFFICE Broadcast Studio P Financial Institutirnt P Laboratory. General P L~+boratory, Medical or Dental 1' - Type 1i CU Medical or Denta] Office or Clinic P - Type II CU O1Tice_ Business and Professional F' RESIDENTIAL Dwelling I7nit Cif AUTO/BOAT Automotive. Service Station Cif Car' Wash, Automatic; Full or Self-service CiI "I•ire Sales and Installation l' RESTAURANT Restaurant P RiStaUCarit, Fast ['ood CU • Nightclub, I3ar or Loctnge ClI RE.CRF.ATION Conunercial Recreation; Indoor 1' !vlarina/!?rivate Mooring ~U 'Theatre- Indoor P ASSEMBLE' Church or Place ot~1~'orship C[J Sch<;oL I'cibJic or Private CL' OTHER Adult Enterlaittment SP Day Care, Adult and Chilci (.l.l Funeral !"Ionte C1J llotel/Moiel I' Temporary Sales, Amusements, and Special. L-:vents -SY Utility, Public and Private (minorl I' CLJ: Conditicmal Use SP: Special permit. P: PernZitted Notwithstanding anything contained elsewhere within. this Ordinance, the properties covered by the NBOZ which have approved uses under the existing underlying zoning of the Village that are considered or deemed not approved uses in the Land Use Chart above, shall not be non-conforning. Sec. 4-3. Use Definitions and Supplemental Regulations ,9c~rrltFntertairrrnerrt shall have the definition ascribed to it by the Village in other section or sections of the Code. Arrtorrrotive Serti~ice Stcxtion means an establishment engaged in the retail sale of gasoline or other motor fuels, which may include accessory activities such as the sale of automotive accessories or supplies, the lubrication of motor vehicles, the minor adjustment or minor repair of motor vehicles. An Automotive Service Station shall. be subject to the following supplementary use standards: • a. Ba}~ doors shall not be oriented toward residential zoning districts. If oriented to a public right-of--way, bay doors must be completely and permanently screened from the right-of--way by a building, opaque masonry wall. or similar .fixed structures. b. All repair work shall occur "within an enclosed structure. 6 c. There shall be a minimum separation distance of five hundred (~00) feet from the nearest points of property lines for a parcel developed For use as an automobile • service station and a parcel occupied by a church, school or hospital. d. There shall be no outdoor storage or display of merchandise, use of outdoor speakers, nor vehicular testing on residential streets. e. The following accessory uses shall be permitted at an automotive service station: l) Convenience store subject to the Convenience Store regulations. 2) Automatic Car Wash subject to the Car Wash regulations. ;. Broac~casl Stcr~io means an establishment engaged in the provision of commercial broadcasting services accomplished through the use of electronic mechanisms. 4. C'crr 1~1'ash, Autc~mutic, lull or Self-service means a building or area, which provides facilities for washing and cleaning motor vehicles. An automatic, full-or self-service car wash. shall comply with the following supplementary use standards: a. In approving a car wash, the revie«~ing board shall. make a finding that the use is appropriately located, considering the following guidelines. 1) Proper functioning of the site as related to vehicular stacking, circulation, and turning movements. 2} Adequate buffering from residential areas. ;) Adequate access, ingress and egress. b. The use of outdoor speakers shall be prohibited. c. Car washes /detailing shall be located at least one hundred (1.00} feet from any residential. district, use, or stricture. d. Car wash openings must be oriented away from residential zoning districts or public rights-of--way. If oriented to a public right-of--way, bay doors must be completely and permanently screened from the right-of--way by a building, opaque masonry wall or similar fixed structures. 5. Church ~r• Place of Worship means a premises or structure used primarily or exclusively for religious worship and related religious services on a permanent basis by atax-exempt religious group, sect, or denomination registered as anot-for-profit organization pursuant to Section 501(0)(3) of the United States Internal Revenue Code, as amended. A church or place of worship may include retreat site camp, com~ent, seminary or similar facilities operated for religious activities. A Church or Place of Worship shall comply with the following supplementary use standards: • 7 a. Churches or places of worship, which include accessory uses such as a rectory, day care center, school, academy, congregate living facility, community center, or similar • accessory facilities shall be subject to approval as a conditional use. 6. Commercial Recreation, Indoor means an establishment offering entertainment or games of skill to the general public for a fee or charge and wholly enclosed in the building. Typical uses include bingo parlors, pool halls, indoor swinuning pools, billiard parlors and video game arcades, but excluding gun clubs. 7. Corn'errierrce Stare means an establishment not exceeding three thousand (3,000) square feet of gross floor area serving a limited marketed area and primarily engaged in the retail sale of food, beverages and other frequently or recurrently needed items for household use. The following accessory uses shall. be permitted: a. Uasoline sales subject to the use regulations governing automotive service stations, however automobile repairs, including oil change are prohibited where the convenience store is the principle use. b. Automatic car washes subject to the use regulations governing car washes. 8. Day Care, Adult acrd Child means an establishment licensed by the Florida Department of Children and Family Services. An Adult or Child Day Care center shall comply with the following supplementary use standards: a. A pickup and drop offarea shall be provided, as well as a sufficient number of parking spaces for drop off located outside of the main travel way. Drop off parking stalls shall be a minimum of twelve (12) feet wide x twenty (20 j feet in length. A minimum four-foot (4) wide sidewalk running from the drop offparking spaces to the day-care entrance shall be provided. The number of parking drop-off spaces shall be determined by the review board, but shall, in no case, be less than two (2) spaces. b. In making an approval for an adult or child day care center the shall make a finding that the use is appropriately located, based on the following guidelines: 1) Proper functioning of the site as related to vehicular stacking, circulation and turning, including pickup and drop off areas; 2) Adequate screening and buffering from residential districts, uses and structures; and 3) Adequate access, ingress and egress. 9. Dry Cleaning means an establishment that provides for cleaning of fabrics with solvents. 10. D+vellirrg r~rrt. • a. A d~~'elling unit shall not be located on the ground floor of any building or structure. 8 b. Parking shall be provided at a minimum of one and one-half (1'/)spaces per dwelling unit, exclusive of parking required for nonresidential uses. • ~ ~ ~ n t affiliated with a hos ital or l 1. F.,~rner~errcy Health ('ar•e Fac~lrt} means an establishment o p hospital emergency room, providing walk-up emergency medical care. 12. 1-inanczal Instiluli~iz means an establishment open to the general public and engaged in deposit banking. Typical uses include commercial banks, savings institutions and credit unions, and may include outdoor automated teller machine and drive-through facilities. A Financial Institution shall comply with the following supplementary use standards: a. .A financial institution with more than three (3} drive=up units or two (2) drive-up units and adrive-up automated teller machine shall be approved only as a conditional use. In approving a conditional use, the reviewing board shall make a finding that the use is appropriately located, considering the following guidelines: ]) Proper functioning of the site as related to vehicular stacking, circulation and turning movements; 2) Adequate buffering from residential areas; and ;} Pro~rision of adequate ingress, egress, and access. l3. t~'uner•czl H~~me means an establishment engaged in preparing deceased. human beings for burial, and managing and arranging funerals. A Funeral Home shall comply with the following supplementary use standards: a. A Funeral Home use shall not include a crematory. b. In approving a conditional use for a Funeral Home, the Village shall make a determination the use is appropriately located, considering the following guidelines; 1) Proper functioning of the site as related to vehicular stacking, circulation and turning movements; 2) Adequate buffering from residential areas; and 3) Provision of adequate ingress, egress, and access. 14. Hotel.-7llotel means a commercial establishment used, maintained or advertised as a place where sleeping accommodations are supplied for short term rent to tenants. The establishment may be constructed in a building or a group of buildings and may include one or more accessory uses such as dining rooms or convenience stores. A Hotel/1Vlotel use shall comply with the following supplementary use standards: a. The number of sleeping units shall not exceed one (1) per thousand (1,000) square feet of lot area. • b. Accessory uses, including lounges, dining and retail sales shall not exceed thirty 9 percent (30%) of the entice gross floor area of the principal structures. • 15. T,ahnratorv, General means a facility used for testing, research, experimentation, quality control or prototype construction, excluding routine manufacturing, repair, maintenance, or similar activities. 16. Lab~~ratary, Medical or Dental means an establishment. which performs medical tests, or the construction or repair of prosthetic devices, provided such testing or work is performed at the written order of a licensed. physician or dentist. ] 7. I crrrndry Service means an establishment. that provides home type washing, drying, dry- cleaning, or ironing machines for hire to be used by customers on the prenvses, or that is engaged in providing laundry and dry-cleaning service with customer drop-offand pickup. 18. Marina, Private Moori~~K means a dock or basin supplying secure moorings for boats. Marinas shall comply with the hollowing supplementary use standards. a. A marina shall provide at each boat slip an individual sewer and water hook-up that shall be connected to a sewage and potable water suppl_y~ system approved by the Palm Beach County Health Department. b. All docks shall extend beyond the shallow water depth. c. An accessory marine store shall be permitted. 19. Medical orDerrtalOffice or Clinic means an establishment offering patients medical services, examinations, and treatments by licensed professional, trained in healing or health. related practices including medical doctors, dentists, chiropractors, naturopaths, optometrists, or any other similar profession as is legal in the State of Florida. These uses shall not include establishments where patients are lodged overnight. 20. NiKlzlchib, Bar nr L~urel;e means an establishment engaged in the preparation and retail sale of alcoholic beverages for consumption on the premises, including taverns, bars, cocktail lounges and similar other uses. A Nightclub, Bar or Lounge may include live entertainment. The establishment shall not sell liquor or alcoholic beverages for off-premises consumption. The restrictions of this section shall not apply to any bona fide restaurant as defined and licensed under Florida Statutes as a restaurant with. full kitchen facilities. A Nightclub, Bar or Lounge shall be subject to the following supplementary use standards: a. A Night Club, Bar or Lounge shall not be located within two hundred and fifty (250) feet of a residential district, use or structure, nor within seven hundred and fifty (750) feet of another nightclub, bar or lounge use as measured by the nearest points of property lines on any two (2) parcels of land occupied or to be occupied. for a night club, bar or lounge. • 10 1) The distance to residential may be reduced for those properties adjacent. to the Earman River upon application to the Village as part of the Conditional Use • Application. 2) Conditional Use approval may be subject to additional site design requirements to reduce impacts on neighboring residential districts or uses. b. Outdoor or open areas shall be permitted subject to a finding by the reviewing board that the location or design of the outdoor or open area shall not have a negative impact on neighboring residential districts, uses or structures. c. A Nightclub, Bar or Lounge contained within an otlice, hotel or motel structure shall be considered as an accessory use and shall not exceed thirty (3d°'o) percent of the gross floor area of the entire stnicture. 2 L Nrn-sery, Relcrrl and Gardefz S'rcnJ~lzes means an establishment which sells trees, shrubs, groundcover, sod, anal othertypes ofplants, tools, lawnmowers and related power equipment, fertilizer and pesticides, garden furniture, mulch and other types of groundcover and similar items used for landscape lawn. maintenance and landscape purposes. Retail Landscape Nursery and Garden Supplies shall comply with. the following supplementary use standards: a. Aerial application of any pesticides, fungicides, fertilizer or any other chemical shall be prohibited. b. Operation of heavy equipment shall be prohibited. c. Outdoor storage and display of landscape plant materials (excluding elements such as mulch, pebbles, gravel stone, fertilizer, wood, sculptures, furniture, etc.) is permitted, but shall not be located in the required setbacks. Chain link fences, with. black or green vinyl covering, are permitted for security purposes. d. Stored materials other than. landscape plant. materials shall be completely screened by walls or buildings and shall not protrude above the height of the enclosing walls or buildings or be visible from a public right-of--way or adjace~it residential districts or use and shall not be located in any of the required. setbacks. 22. Office, &risirzess arzd professio~aal means an establishment providing executive management, administrative, business or professional services, but not. involving medical. or dental services or the sale of merchandise except as incidental to a permitted use. A Business or Professional Office may have a convenience store not exceeding five hundred (SOU) square feet ortwenty- five percent (25%) of the gross floor area, whichever is less. All such uses shall be completely internal to the office and shall not have a separate entrance or any exterior signage. 23. Personal ,Services means an establishment engaged in the provision of frequently or • recurrently needed services of a personal nature, but excluding those services specifically 11 classified and regr.rlated in the use chart as a separate use. Personal services as may include, but are not limited to, barber shops, beauty salons, nail salons, and tanning salons, and art and music schools. Such services may include the accessory retail sales ol~ items related to the services rendered. 24. Flestar.~rar7t means an establishment where food and beverages are prepared, served and consumed primarily on the premises. The restaurant may include cafeteria or buffet style service. A Restaurant shall. be subject to the following supplementary use standards: Outdoor dining areas under a solid roof shall be considered a part of the gross floor area and shall comply with district setback requirements for structures. b. Catering may be pern~itted as an accessory use to a restaurant. 25. Restar~rant, l~as~ .Food means an establishment where food and beverages are primarily precooked, prepackaged, served in disposable wrapping and containers and where orders are taken a.t acounter ordrive-through. A Fast Food restaurant shall be subject to the following supplementary use standards: a. Outdoor dining areas under a solid roof shall be considered a part of the gross floor area and shall comply with district setback requirements for structures. b. A fast food restaurant with adrive-through shall be approved as a conditional use. In approving a conditional use for fast food restaurant, the reviewing board shall make a finding that the use is appropriately located, based on the following guidelines: 1) Proper functioning of the site as related to vehicular stacking, circulation and turning movements; 2) Adequate buffering from residential areas; and 3) Provision of adequate ingress, egress and access. 26. Relazl ,Sales means the sale, incidental repair and rental of goods on a retail basis excluding those uses specifically classified and regulated as a separate use in the use chart.. Uses shall include the sale of bulky goods such as household appliances. Outdoor storage or display of merchandise shall be prohibited. 27. School, Public ar 1'rirate means an institution of learning which conducts regular classes and courses of study required for accreditation as an elementary or secondary_ school by the State Department of Education of Florida. In approving a conditional use for a school, the reviewing board shall make a finding that. the use is appropriately located, based on the following guidelines: a. Proper functioning of the site as related to vehicular stacking, circulation and turning movements; • b. Adequate buffering from residential areas; and 12 c. Provision of adequate ingress, egress and access. • 28. Temporary Sales, Amusements, and Sj~ecial E>>e~zts means an activity, which includes amusements, food, games, crafts, perfornances or retail sales outside of permanent strictures. Typical uses include: carnivals, circuses, temporary auctions and tent revivals. A Temporary Sales and Amusement use shall comply with the following supplementary use standards: a. The temporary amusement or special. event use shall not be permitted for a period exceeding seven (7) consecutive calendar days. A site shall. be issued no more than three (3) permits per year. b. All mobile homes, trailers, vehicles, tents, mechanical devices, carnival rides or animals related to the use shall comply with the following minimum setbacks: 1) Fifty (50) feet from a public right-of--way. ?) Two hundred (200) feet from. any property line adjacent to a residential. district, use or structure; and 3) One hundred (1.00) feet from an_y right-of--way for carnival rides. c. Access for a Temporary Sales, Amusement or Special Event use shall be from an arterial or major collector road. 29. lheaJer Ir~do~r means an establishment for showing motion pictures or live performances in an enclosed structure. 30. dire Sales and Irzstallcniorz means an establishment engaged primarily in the sale and installation of tires for automobiles, trucks, sport. utility vehicles and similar vehicles and may include minor adjustments and repairs. Tire Sales and Installation uses shall be subject. to the following supplementary use standards: a. All activities related to tire sales and installation. shall. be conducted within an enclosed structure. b. Outside storage or display of tires or other products or merchandise shall be prohibited c. Overhead ba_y doors shall not be oriented toward any adjacent property in a residential district or adjacent. public street. d. Repair activities and tine installation shall be located at least one hundred (1.00) feet from any residential district., use, or structure. e. Outdoor speakers are prohibited. • 13 3 l . Uti/ify, Yz~h(ic ;xnd Private (nzitw~) means one (1) or more elements of utility distribution, collection or transmission, networks or facilities, which provide utility service to a relatively • limited geographical area. Typical uses include: electrical distribution substations, sewage lift stations, manned or unmanned. telephone exchange buildings and substations. A utility, public, and private (minor) use shall comply with the following supplementary use standards: a. The use shall be located within a reasonable proximity ofthe area to be served by the facility; b. Structures, buildings and appurtenances shall not exceed two thousand and five hundred (2,500) square feet of gross enclosed. floor area. 32. l~eterinary Clinic means an establishment engaged in providing medical care and treatment for animals, and which may provide overnight facilities. Outdoor .runs or facilities are prohibited. 14 ;~' ART[CLE 5. ARCE~I: fECTURAL ELEMENTS • Sec. 5-1 General Provisions A. Intent. The provisions of this Article are established to provide the NBOZ with an overall architectural style that is consistent writh the area and will assist in revitalization and redevelopment of the entire area. B. Applicability. New buildings or structures constructed within the NBOZ shall conform to one hundred percent (100%) of the Overlay Design Guidelines. 2. All. renovations, additions, or redevelopment to existing structures where the cost of such is GREATER than .fifty percent (~0%) of the assessed improvement value of the parcel, indicated on the .most recent tax roll of Palm Beach County Property Appraiser, or an increase of GREATER than twenty percent (20°ro) of the square footage of the existing structure shall conform. to one hundred percent (100%) of the NBOZ Regulations. ;. All renovations, additions, or redevelopment of existing structures where the cost of such is LESS than fifty percent (_50%) of the assessed improvement value of the parcel, indicated on the most recent tax roll of:Palm Beach County Property Appraiser, or an increase of LESS than twenty percent (20°%) of the square footage of the existing structure shall conform with Article 5: Architectural Elements to the greatest extent possible. 4. Minor repairs, maintenance, or similar improvements are exempt from the NBOL regulations. C. Compatibility with setting. Buildings shall be designed to be compatible with the surrounding mamnade and natural environment to achieve an overall, unified design and character for the NBOZ. .Design shall consider: The massing of buildings to encourage and allow pedestrian access between sites and structures; 2. The avoidance of blank walls or similar features without architectural interest; The variety of protective features, such as arcades and awnings, building overhangs, landscaping; 4. And the size, location, and shape of windows and doors. • D. Alternative crrchiteclural styles. The Village may authorize the use of an alternative 15 architectural style if determined to be consistent with. the surrounding architectural character and design intent of the NBOZ. • within one hundred E. F'acacle%Sa~ull height trcrnsitiorz. New de~efopments that are located and fifty (150) feet of an existing building, and are more than ts~~ice the height of any existing building within one hundred and fifty (1 _SO) feet shall. provide massing elements to provide an appropriate structure transition. 1. The transitional massing element can be no more than. one hundred percent (100°io) taller than the average height of the adjacent buildings 2. Facades shall have architectural articulation at the pedestrian level and at the roofline. P. Ilh~strcrtive architectzn~al elements. Drawings found in Attachment A represent architectural elements that are appropriate and/or inappropriate for the NBOZ as per this Article. They are intended for illustrative purposes only, to guide the property owner and Village through the design intent of the Overlay and are not to regulate or suggest specific architectural design. Sec. 5-2 Design Treatments A. Bzrildir~g deszgrz. Structures shall be required to provide three (3) of the following minimum design treatments: The main facades shall incorporate architectural. elements; which. create a better human scale, such as a. Canopies or porticos integrated with the building's massing and style; b. Overhangs proportional in size to the mass of the building; and c, Arcades. 2. Pedestrian amenities such as benches, sculptures, tables with umbrellas, and trash receptacles; ;. Peaked roofs with minimum twelve (12) inch overhangs; 4. Ornamental and structural architectural details, which are integrated into the building structure and overall. design; and Architectural treatment on all four (4) facades/elevations. a. Articulation of individual storefronts or facades greater than fifty (50) feet • wide; 16 b. 1Vindow and door openings expressed as individual. units as opposed to window wall strips; • c. Uniform design; and d. Any other treatment. determined by the Village to meet the intent of this section. B. Z!nity of character. Buildings or structures, which are part of an existing or firture complex shall have a unity of character and design. C. Style. Appropriate historical "themes" as defined by this Article are permitted. D. Identical huilditiKs. Buildings and structures that are identical or similar in design shall not be permitted throughout the corridor unless each building is part of an overall development with uniform. architectural themes. E. .Scale. New structures shall relate to the form and scale of surrounding architecture. Buildings taller than two (2) stories shall be evaluated as to their visual impacts upon adjacent structures. F. Compatihle exterior materials ar~d archilectr~rrul elements. Lattice work, decorative moldings. 2. Covered. porches with columns and railings. ;. Arbors, trellises, gazebos, picket fences. G. Incnmpatrhle ar•chitectr~ral elements. Unarticulated, flat, or blank. facades are not permitted within the NBOZ. H. Prop~rrtion. The proportion of the major elements of a development such as windows, doors and storefront design shall be consistent, throughout the development. Sec. 5-3 Building Facade /Elevation A. H~,irlding, features arzd or~zamentatrort. The following building features and ornamentation are encouraged: l . Cornices and parapets, moldings, pilasters, window surrounds, asymmetrical facades, multi-level. roofs, and similar elements; 2. Tile, plaster, poured concrete, or brick materials, consistent with design and style; • ;. Functional and ornamental balconies and balustrades located on the walls or 17 facades facing public rights-of-way, excluding alleys. • 4. Arcades designed with arches; and Exterior detail elements suc}~ as banding and other applied stucco detailing. B. Preferred exterivr materials. Preferred building exterior siding materials shall include stucco and brick, however cast stone, split blocks, ceramic tiles, high quality coated metal panel systems, and stone are acceptable. Materials including woods, metal siding, fluted block. and glass window systems are discouraged within the NBOZ. C. Recesses~j~rojections. Facades greater than fifty (50) feet in length shall incorporate recesses and projections a minimum of twelve (12) inches in depth along a minimum. of twenty percent (20%) of the total length of the facade. The recesses or projections shall be distributed along the facade with a maximum spacing of one hundred (1.00) feet between each recess or projection. D. ti ~sihle.facades. All. building facades visible from public rights-of--way and adjacent properties shall be designed with regard to their surroundings and should not be construed as creating look-alike buildings. Harmony shall be achieved through the proper use of scale, proportions, form, materials, texture, and color. E. ~rademcrr•k.fvrms mzd colors. Buildings and structures which use trademark or symbolic forms and colors and which have a negative impact on the visual environment of the area, as determined by the Village, are prohibited. F. Blank walls. Blank walls shall not exceed ten (l0) feet in height or twenty (20) feet in length. Control and expansion joints shall constitute a blank wall, unless used in a decorative pattern with varied materials or textures and spaced a maximum often (10) feet on center. Relief and reveal depth shall. be a minimum ofthree-quarter (3/4) inch. Building wall offsets, including projections, recesses and changes in floor level, shall be used to add architectural interest and variety. G. Other. features. Other features, such as gutters, down spouts, vent stacks, vent pipes, and flashing shall be painted in such a way so the color is consistent with the color scheme of the building. H. Storefro~zts. Individual storefront elements of fifty (50) to one hundred (100) foot widths shall be incorporated into the front facade to create a smaller scale for the building. Individual ground-level retail uses with exterior public access that are part of a larger freestanding building shall have display windows along a minimum of twenty percent (20%) of the facade length. Windows shall be defined with. details such as frames, sills, shutters, planters, relief trims, or lintels. • 18 Sec S-~ Building Color and Finish • A. General. Building materials and color selection shall achieve visual order through the consistent use of compatible color palettes. All storefronts within a development shall utilize a consistent palette of materials and textures. a. Variation of individual storefronts within a given palette of materials may be permitted, however principal walls and facades must maintain a uniform color. b. Different colors for individual storefronts within a complex are permitted as long as overall design. integrity is not compromised. 2. Color should be chosen to add to the retail environment of these buildings. The use of color to attract attention to a business from a distance is discouraged. B. Color palette. Colors of the stnuctures within the NBOZ are to reflect the following characteristics: Primary colors for structures must be white, light gray, eggshell., pale blue, pale green, coral, peach, pale yello~~~, bull; beige, and sand. 2. Secondary_ building colors should be limited to twenty-five percent. (25%) of the wall area. These colors may consist of a medium intensity of the base building color or a complimentary color. 3. Trim. colors shall be limited to ten percent (10%) of any single wall area. Trim colors are used for accent and identifying purposes and are the brightest group of colors allowed. These colors include greens, blues, yellows, and others that are found in our lush landscape and natural features. 4. Ornamentation, trim, courses, window frames, and door frames may be painted «-bite or a contrasting color such as dark brown, dark gray, blue, light green, brown, plum, black; Roof materials may be brown, gray, white or other color consistent with the overall color scheme of the structure. Sec. 5-5 Architectural Elements A. Pecleastriazz walkways. Pedestrian walkways with arcades, awnings or colonnades shall be provided along the front. and sides of buildings and be integrated with adjacent. properties. 19 Arcades or colonnades shall have a nvnimum clearance width. of six (6) feet and minimum • clearance height of twelve (12) feet. Awnings shall have a minimum clearance width of six (6) feet and minimum clearance height of eight (8) feet. B. Brulclin~~ heigght. Building height is defined by the applicable building code. Maximum building heights are subject to a finding of compatibility of adjacent structures as follows: 1. A maximum height of forty (40) feet; C. Isratrailces. Entrance design elements that are intended to give protection from the sun and adverse weather conditions shall be integrated into a design style for the building. Each. freestanding principal structure shall have a minimum of one (1) clearly defined primary public entrance feature. The primary entrance shall incorporate a minimum of one (1) design element each from. Tables 5-SA & 5-SB below: Table 5-5A Primary Entrance Feature Design Element (1) Canopies. pone-cochere, or porticos (2) Wall recess or projection of a minimum of twelve (] 2) inches in depth (~) Covered arcades. a minimum of eight (8) feet clearance in ~iidth (4) Peaked roorforms (~) .Arches, columns, or pilasters Table S-5B Secondary Decorative Treatment (l) Overhangs, cornices and eaves (2) Decorative moldings or trims around «indows and doors (3) Covered public outdoor patio or plaza incorporated ~~~ith entrance area which are not part of a tenant space (~4) Special pavers. bricks, decorative concrete. or other similar pavement treaUnent (i) Arclutectural details such as file t~~ork or moldings (G) Benches or other seating components (7) Decorative landscape planters or ~~ing ~c~alls that incorporate landscaped areas; and • 8) Structural or vegetative shading. 20 • D. Me'chanicu! ecjui~me~tn sc~~ecllljz~~. All rooftop mechanical equipment shall be located at a distance from the edge of the building and properly screened so as not to be visible from any street or adjoining property. Materials used for screening purposes shall be compatible with the architectural st_yl.e, color, and materials of the principal building. E. Cornices. Existing cornices should be retained and preserved. Sec. 5-6 Window /Door Treatments A. Windo-a~s. The following major design characteristics are encouraged: Arches integrated into windo~~~ designs; 2. Trim color in contrast with. principal color of structure; Large ground level store front windows, consisting of at least fifty percent (50°,%) of the wall area of the storefront; a. The windows of all ground floor businesses open to the public shall remzin clear of curtains, shutters, or similar visual. barriers, which would obscure interior displays or activities. b. Reflective or darkly tinted glass, which prevents seeing into the building is not permitted on the ground level.. 4. Recessed opelvngs; .Hurricane/security panels or shutters which. are removable, recessed, or architecturally compatible with. overall design, and consistent with wind load resistance standards; and 6. Replacement windows should fill the entire opening and duplicate the original pattern. Surrounding trim should be retained in the proper style and proportion. B. Doors. The following major design characteristics are encouraged: Recessed openings; 2. Scaled and proportionate to balance of structure; Articulated and ornamental door design; and • 4. -Use of materials to convey mass and strength. 21 C. ~t-t~r~in~s. Awnings shall reflect colors that compliment the existing architecture and not • detract from the storefront or from adjacent storefronts. 1. All. awning supports should be attached to the building, not placed in the sidewalk or extending into the parking lot. Additionally, awning frames should be simple pipe frames, well concealed by canvas covers or attachments. Z. Plastic backlit awnings or awnings constructed of shiny mate--ials are not permitted. D. Ferzestrcrlion artcir details. Architectural features or details such as windows, awnings, covered arcades, sills, shutters, reliefs, trims, columns, pilasters, quoins, reveals, cornices, horizontal banding, arches, decorative vents, and/or accent tile, shall be integrated into the facade to avoid the appearance of a blank wall and shall be provided along a minimum of sixty percent (b0%) of the facade length of the fiont and side facades, and rear facades if continuous to a public street or residential zoning district. E. Nfaterials•. Doors and windows should be glass and aluminum (painted) storefront, high quality steel and glass systems, high quality woods such as plantation grown teak or mahogany, and brass, bronze or stainless steel. F. f'xter~ior trecrtnzerrt. The exterior treatment of the front elevation shall. consist of a minimum of t~vo (2) different building materials, textures, or finishes at a ratio of a maximum of eighty percent (80%) for the primary treatment and a minimum of twenty percent (20%) total for the secondary treatment. Exterior finishes such as stucco, brick, wood, coquina or cut stone are encouraged. The surfaces of multiple exterior storefronts within a building, except regional commercial facilities, shall. compliment contiguous storefronts. G. Kick plates. Kick. plates protect windows by raising the glass area to a safer and more easily viewed height. Ne~~v storefront can have simplified kick plates, or have an all-glass front that creates a kick plate line and proportion by use of a framing bar or painted line. Sec. 5-7 Preferred Roof Materials /Styles A. DesiKn types. The following major design characteristics are encouraged. Flat roofs with an articulated parapet of four (4) feet in height necessary to screen mechanical equipment. 2. Hip or gable roofs, minimum of 1:3 pitch, positioned so that the hip-roof end is facing the street. • 3. Exposed rafter tails. 22 4. Pitched roofs or shed-style arcades of flat, S-shape, or barrel vaulted cement or clay tiles are encouraged. • 5. Standing seam metal. roofs made of copper, stainless steel or galvanized steel are acceptable. Other metal roof types including industrial r-ib roofs are prohibited. 6. Mansard. roof, which shall. wrap around the building so that there is visual continuity around the entire building. Vertical roofs and mansard roofs used on a portion of the building perimeter only are prohibited. 7. Overhangs over pedestrian walkways are encouraged to provide shade and rain. protection. A11 overhangs shall wrap around the building so that there is visual. continuity around the entire building. B. Ireatmer~ts. Roof features shall be in scale with the building's mass and complement the character of adjoining and. or adjacent buildings. C. F,dge crud parapet treatment. A minimum of two (2) locations, the roof edge and/or parapet shall have a vertical change from the dominant roof condition a minimum of four (4) feet. At least one (1) such change shall be located on a primary facade adjacent to Northlake Blvd. Designers are encouraged to articulate the parapet wall as a means of adding interest to the building facade and to screen any mechanical. equipment. D. Preferred materials for pitched roofs. Roofing material should be constructed to enhance the appearance of the community. Materials shall include glazed or unglazed ceramic tiles, metal shingle, concrete tile, or slate barrel, "s" shape, or similar style clay or cement tiles. E, Large, ru~artzc~+lated roofs. The roofline at the top of the structure shall not run continuously for more than. one hundred (100) feet without offsetting or jogging the roof plane. Sec. S-8 Definitions A. The definitions set forth in this section shall be construed to be the same as if incorporated in the Villages' development regnrlations. Architect7aral composztorr. The scale, height, mass, proportion, color, form, style, detail, treatment, texture, construction material., and roof design of a project or building. 2. Articulated parapet. A parapet with a height variation proportional to the building height. • 3. Halrrstrade. A series of balusters with a top and bottom rail. 23 4. Bracket. A decorative support feature located under eaves or overhangs • r~ 5. Canopy. An ornamental roof-like structure used on commercial buildings, which provide advertisement space, shade, and protection for the storefront and pedestrian traffic. 6. Compatible.-colnpatihility. Design. that utilizes accepted site planning (e.g. building placement, orientation and siting) and the elements of architectural. composition within the context of the surrounding area. Similar adjacent land uses or square footage shall not necessarily constitute architectural compatibility. 7. Camplenl~llt'camplenuntary. Having similar architectural composition. 8. Dormer. A secondary_ feature of a building housing a window or vent, which is set upon the slope of a roof surface. :Dormers ma}r provide ventilation, lighting, or auxiliary living space. 9. Save. The projecting overhang at the bottom edge of a roof surface. 10. F,xposed beam. A decorative wooden beam that appears to support eaves, prevalent on Bungalow-style residences. 11. Fi~iere. A wide facing board located at the junction of the exterior wall and roof eaves. 12. Gable roof A triangular section. at the end of a pitched roof. 13. Historical ''themes ". Any building, structure, or other architecture which. is historically or architecturally significant. Recognized architectural styles such as Spanish Eclectic, Mediterranean Revival, Florida Vernacular, Bermuda/Island is appropriate for the NBOZ. I~. Hlp YOOf. A roof with sloping sides and ends. 15. 1;attice. A panel of Criss-crossed diagonal or perpendicular slats often utilized as decorative infill between masonry foundation. piers. 16. I intEl. A horizontal beam located above a window or door. 17. Lauver. A door or window comprised of overlapping downward sloping slats, which shed rain while admitting light and air. 18. Masonry. Brick, block, or stone, which is secured with. mortar. 19. Massing. A term. used to define the over all. volume or size of a building. 24 20. A9oldinK. A continuous decorative strip of material applied to a surface. • 21. Pcrrrrpet. A solid protective or decorative wall located along the outside edge of a roof. 22. Kafter. A wooden member of a roof frame, which slopes dov~mward from the ridgeline. 23. Scale. A term used to define the proportions of a building in relation to its surroundings. 24. .Shed roof A roof with a single sloping pitch. 25. Stucco. A masonry material applied as ex erior wall fabric. 26. Srrhs/arrlial renovation. Any expansion, alteration, renovation, addition, or redevelopment to existing structures where the cost of such is GREATER than fifty percent (50%) of the assessed improvement value of the parcel, indicated on the most recent tax. roll of Palm Beach. County Property Appraiser, or an increase of GREATER than twenty percent (20%) of the square footage of the existing structure. • 25 Attachment 5A -Illustrative Architectural Elements Sec. 5-1 General Provisions A. Tacczdehvall height trcznsi~ion. New developments that are located within one hundred and fifty • (150) feet of an existing building, and are more than twice the height of any existing building within one hundred and fifty (1.50) feet shall provide massing elements to provide an appropriate structure transition.. 1. The transitional massing element can be no more than one hundred percent (100%) taller than the average height of the adjacent buildings 2. Facades shall have architectural articulation at the pedestrian level and at the roofline. Proposed t~~ ~ ~'~ ~ Existing c~# r ~~ TJT_L]~Z1 .Y ~-1 1 IyS~;. 4.:~..J g ;l{ -'~ irtr~,j i~191 Appropriate Proposed ~___ Existing 41.3 ~~ ~4 ~ras+-- ~.. ~ux i~~~1i U ~ J ~~ .'.YKM`+W.Nr.~.F~'1t:~T~_'•.~._t .P21i . ~ zs..~..:o x3:J:~ltiW:.~.~'~~.A-'%rw'..R:~ Inappropriate B. Illa~strative ~rclulectzsral. elements. Drawings found in Attachment A represent architectural elements that are appropriate and!or inappropriate for the NBOZ as per this Article. They are intended for illustrative purposes only, to guide the property owner and Village through the design intent of the Overlay and are not to regulate or suggest specific architectural design. Sec. 5-2 Design Treatments A. BT+ildijzg desig». Structures shall be required to provide three (3) of the following minimum design treatments: 1. The main facades shall. incorporate architectural elements, which. create a better human scale, such as a. Canopies or porticos integrated with the building's massing and style; b. Overhangs proportional in size to the mass of the building; and c. Arcades. 2. Pedestrian. amenities such as benches, sculptures, tables with umbrellas, and trash receptacles; 3. Peaked roofs with. minimum twelve (12) inch overhangs; 4. Ornamental and structural architectural details, which are integrated into the building structure and overall design; and • 5. Architectural treatment on all four (4) facades/elevations. a. Articulation of individual storefronts or facades greater than fifty (50) feet wide; b. Window and door openings expressed as individual units as opposed to window wall strips; 26 c. Uniform design; and d. Any other treatment determined by the Village to meet the intent of this section. °. ~~,~ i ~ ,~"~..+;«..i-~ iZ~ i i -~ ~ ~' ~~j ~'~ ~ j Ti i i I ~ ~ ~ ~~ ,il„I ~'w' j ry"*^:.51.... v '"` n • '' 71 j t"l_F i~` i ~ i ~ ~ TT~''=~ ~:zr rn s 7 R3-3, 't nr t'iT'~`+.I _ ~ F, ~ ~~ ~~,j ~ , f~` ~ ~ ~ ~, r ~ ~ r err ~ ~r ~ -~~~~~ ~ .,.ro Appropriate Inappropriate B. 1./ruty cif chaructel-. Buildings or structures, which are part of an existing or future complex shall have a unity of character and design. Existing l~ u !,: _~~ `~ ~~ r.~rrivw~.!?nn~tmm~ro."a~r+rnw~°':mA.x`mww~ ay'Ye~Cf?'w:Orr:frmivu-6SmrcnxwM~~uw.mx~rarcr~uwu Appropriate Proposed Existing ~, i ~ r~'~ ~ ~ ~ ii +a.~.atrd,,,x f a ~ ~~ .7 ~ k . . ~~Ma k _ ' ~ ~ r -- wm..+:en....ar.a?fnr:~.iAr.`wwu.4raer.wMV;:«r~+~. u:..ma~,,.N.vnw~~ba1.. vrc..n:;ra. .~.~ +rs.~,,;.Xrt Inappropriate Proposed C. Inconlputihle archrtectrcrad elements. Unarticulated, flat, or blank facades are not permitted within the NBOZ. ,~5 .r r~ ! ~~~, , ~ xnr ~444~~Ii` .. ~.~ ~f ~xMw:en :. ,,.. +r:i'm.?'NecasiM M .tuYrtmrWN.:.¢tlWlr~ .NYrN..LIVgM4. 49.~iie inr Appropriate Sec. 5-3 Building Facade /Elevation r „. ~~ ra ~~,~~ ~ ~~~. ~ytF Fa»il~~.Utt• ii`.~:+'diirP~.F Mai!°rl~d:!",~Fli~~~ w. ui.:x.rmnS~r.N;.rv~tam'•'rt'~LT'ti+u~nne'.;yan'ay,:krav~y~~uze~.,rnt~+nn ~eaemiraxdt~i.,.n:~sv Inappropriate A. Blurzk walls. Blank walls shall not exceed ten (10) feet in height or twenty (20) feet in length. Control and expansion joints shall constitute a blank. wall, unless used in a decorative pattern with varied materials or textures and spaced a maximum of ten (10) feet on center. Relief and reveal depth shall be a minimum of three-quarter (3/4) inch. Building wall offsets, including projections, recesses and changes in floor level, shall be used to add architectural interest and variety. ;;:!!~ ,~ . q,,~ LU 1 '^r y ix,~ ~ 7;i; ~ ~+~€ ~° i Fxs tST Appropriate S .~ ~ r ~ ~--!~~r >. ~. ra*: wwnw*wn:+~w Inappropriate 27 Sec. 5-~t ;lrchitecturai Elements A. Peclc~s~lricrii lrcrlk-r~m~s. Pedestrian provided along the front and sides ArcadEa or colonnades shall have • E ~7~! .~~~ walkways with arcades, awnings or colonnades shall be of buildings and be integrated with adjacent properties. a rtlininulm clearance width of six (6) feet and minimum Appropriate inappropriate clearance height of twelve (1?) feet. Awnings shall have a iTlllllll~lllll clearance width of slx (6) tees alld 111lnlmunl ClearallCe Ilelght Of eight (8) feet. t3. Fntr•~ulces. Entrance design elements that are intended to give protection from the sun and adverse weather conditions shall be integrated into a design style for the building. Each ti-eestandin<~ principal stnlcture shall have a minimum of one (I) clearly detined primary public entrance feature. ~~ i.. _ . 1 11 ~... ~ ~~- ~~~ -. ...~ ~' l;~ s `` t ~ ~ ' y E+I~:L'C~f~lWr`.'~V..Tw~~Ci:Y,'u Di v:~a~':.u.~.:;:NFI:,'^Il+:N~n.\:~:.tiWkY.::~F'ii,~4 .')a :R;i4tM,.~^.:r4i:7!',!R Elevation Plan ~i`` ~~ ~1 ~'~ ,. ~. __ ..._._ - j >~rwap++wi.wwra~www we+~mmmay.~m~s~~+w~~a.rnm«,u+tojfp-. ___~ ' Plan ~r-ti .__... - ,yL - .... r ~ / r~ -- -. _. _ ,.._ . ~ f, ~ i ,: j_~ _ ; ~ ~ .,,,~,..- r ......._._.... ,._-. _ - --- ---__ I _ _ ` I ' ._ -. .._.___ .'- - _ - .I __._.__ _ _.. _~ _. j Appropriate ;,• Inappropriate The primary entrance shall incorporate a minimul~t of one (I) design element each from "fables 5-5A • & 5-513 belo~'v: 28 C. Mechanical egzlrpnzent screellilz~~. ,A(1 rooftop mechanical equipment shall be located at a distance from the edge of the building and properly screened so as not to be visible from any street or • • Elevation ~~yy4 $. .~ ~ t... f5i j E Appropriate Elevation t- ~ ~ nkiulw.i~s',[.i ~ 6,s s~ll~~et~,a.E-frt.~c..~ .~+~f'~. ~, ..,,.....- ~ ~ ~~~ gym... .. ~t _:l."ak , essrac, _ :~~aa Inappropriate Section _'......~ 5 i ~1. Section adjoining property. Materials used. for screening purposes shall. be compatible with the architectural style, color, and materials of the principal building. Sec. 5-5 Window /Door Treatments A. l'~llTd011'S. The following major design. characteristics are encouraged: 2 3 4 Arches integrated into window designs; Trim. color in contrast with principal color of structure; Large ground level store front windows, consisting of at least fifty percent (50%) of the wall area of the storefront; a. T'he windows of all ground floor businesses open to the public shall remain clear of curtains, shutters, or similar visual barriers, which would obscure interior displays or activities. b. Reflective or darkly tinted glass, which prevents seeing into the building is not permitted on the ground level.. Recessed openings; 29 Appropriate Inappropriate 5. I'{ur-r•icane/security panels or shutters which are removable, recessed, or architecturally compatible with overall design, and consistent with wind load resistance standards; and 6. Replacernent windows should fill the entire opening and duplicate the original pattern. Surrounding trim should be retained in the proper style and proportion. •T3. .A-ritirrs,~s. Awnings shall reflect colors that compliment the existing architecture and not detract from the storefront or from adjacent storefronts. 1. All awning supports should be attached to t(re building, loot placed in the sidewalk or extending into the parking lot. Additionally, awning frames should be simple pipe fi~anres, well concealed by canvas covers or attachments. 2. Plastic backlit awnings or awnings constructed of shiny materials are not permitted. r _.t+ ~' ,~'~ ~ ~'~ ~~_~ .tea .:~.:.~~ r tr• h, r~l~ .:~~:~:::.;~4r Appropriate Sec. 5-G ['referred Roof IVlaterials /Styles Inappropriate A. Lai~,~c~, rnrnr~zic.~uln~ecf rwr>/s. The roofline at the top of the structure shall not run continuously for more than one hundred (100) feet withot.lt ot~tsetting or jogging the roof plane. Elevatton i ~. 1 EHTfk1~ _ ~~L`y! tis ill lit ~L'~! ~ Elevation ~1J ~~Ir'~ 4i..}I Lh~~li~~~' ~i~,j;~~W~ll~~y' ~_Ilub~r'i~l~^1 „~~'!t'l~i~~~~~~i1 ~' ~~''''Y~i~ Plan I ~- Appropriate C7 30 i - 'I -- i __ ~ - -•- Inappropriate ARTICLE 6. LANDSCAPE ELEMENTS • Sec.6-1 Intent A. P~rrpose and l~~ten1. The provisions ofthis Section are intended to ensure that properties within the NBOZ meet minimum landscaping standards in order to: Improve and sustain the aesthetic appearance of the Village through creative landscaping which helps to harmonize and enhance the natural and built environment. 2. Promote water conservation by encouraging xeriscaping and utilization of native and drought tolerant landscape material. and utilization of water conserving irrigation practices; 3. Provide a visual buffer between otherwise incompatible types of land uses and adjacent right-of--ways. 4. Encourage innovative anal cost-effective approaches to the design, installation, and maintenance of landscaping. Sec.6-2 Administration A. Applicability. The provisions ofthis Article shall apply to all existing and future development within the boundaries of the NBOZ as follows: 1. New clevelopmerrt. All new development. 2. lxistin~clevelopment. All existing development shall conform with the provisions of the Article eight (8) years from the effective date of these regulations. B. Exemptions. All licensed plant or tree nurseries or tree farms shall be exempt from the terms and provisions ofthis Article, but only with. respect to those trees planted and growing which are for sale to the general public in the ordinary course of the business. The landscaping required for buildings and parking lots shall be provided. C. Waii~e~~. The landscape regulations may be waived in whole or part by the Village when a property owner has demonstrated that the requirements contained in this Article will reduce required parking, or substantially restrict the operation of the existing business or property's use. D. Compliance. Failure to install, maintain, or preserve landscaping or native vegetation required in accordance with the terms ofthis Article shall constitute a violation of this Article. • l_ Failr.~re to comply. If the property fails to meet the requirements ofthis Article, or if the existing trees, shrubbery, grass, or groundcover are permitted to die, and such 31 materials are not replaced within thirty (30) days of the event, the code enforcement • officer shall notify, in writing, the person responsible for the maintenance or replacement of such property of the need to comply with the requirements of this section within thirty (30) days from the date of delivery of the notice. 2. Fxlerzsrons. The thirty (30) day rule for compliance may be extended when necessary by the Village to recover from acts of nature such as a hurricane or a drought. 3. Tc~mparcziy exemptiorz~. Temporary exemptions from compliance ofthis Section may be granted as per the Village, if the violation is a direct result of a natural disaster occurrence or drought. 4. Kelocatiwz ~r replace~merzt for reclei~elolmtent. The site plan approved to remedy any violation ofthis Article shall include landscaping replacement or relocation to comply with all requirements herein. Relocation. or replacement shall comply with. the standards listed below. a. Trees having a three (~) inch or greater caliper at diameter at breast height (DBH) which are to be replaced shall be replaced by the sum of three (3) caliper inches to every one (1) inch lost anal are of like or similar species. Replacement trees shalt. be a minimum of three (~) inches in caliper. For example, if an existing five (S)-inch caliper tree is removed from the subject property, fifteen (15)-inches in caliper are required for replacement. A combination of tree sizes may be utilized as long as no tree is less than three (3) inches in caliper. b. If the site cannot support the total number of required replacement trees as determined herein, the Village may permit the owner to donate excess trees to the Village for planting on public lands at the owner's expense; contribute to the Village the monies equivalent to such required replacement trees; or permit the required replacement trees to be placed upon other lands owned by the same property owners. c. The Village may require alternative landscape solutions such as additional aesthetic hardscaping, site amenities, or specimen landscaping as per the intent ofthis Article. Sec. 6-3 Nonconforming landscape areas. A. Not~cofzfoimitresestablishecl All development constructed prior to the effective date ofthese regulations that do not conform with the provisions of this Article shall. be considered nonconforming. • 32 1. If nonconforming landscaping is damaged or destroyed by any means to the extent of fifty percent (50%) or more of its replacement value at the time of the damage, the • replacement landscaping and elements must conform to all of the provisions of this Article. B. Mainterzarzce. Nonconforming landscape areas are not exempt from. minimum maintenance standards. C. Amendments to the upproned plan. The following types of amendments to a previously approved development plan shall require the review of the landscape plan for the entire site using the minimum landscape standards in this Article: Increase in the total square footage of any building by more than twenty percent (20%); 2. Increase in the number of structures; or 3. Increase in the building height of an_y building. D. Notice of noncorzf~rnzin~ stcrtus. Upon the effective date of this Article or upon the future annexation. of properties, the Village shall contact the owners of all properties developed for nonresidential purposes that do not comply with the provisions of this Article. The notice shall inform the property owners that the property is being placed in a nonconforming and that the owner of nonconfoi-nung property shall have eight (8) years from the date of the nonconforming notice to comply with the requirements set forth in this Article. Written notice to the property shall be provided by certified mail. Sec. 6-4 Tree and plant installation A. Minimrrr~r plant quality. Plant quality for all required landscaping shall be Florida No. 1 or better, as provided in Grades and Standards for Nursery Plants, Part 1 and Part 2, as amended, as published by the Florida .Department of Agriculture and Consumer Services. All vegetation shall be clean and free of noxious pests or disease, B. Preferred species list. The preferred species list contained in Sec.4-7 periodically revised, as needed. To the greatest extent possible, the species list shall represent plants that are drought tolerant plants; noninvasive; not destructive to native plants; and strong wooded, non-brittle plants. C. Ltrtallation. 1. All landscaping shall be installed with sound workmanship and sound nursery practices in a manner that will encourage vigorous growth. • 33 2. A plant or tree's growth characteristics shall be considered before planning to prevent • conflicts with views, lighting, or signage. D. Root bcrrrrers. The Village shall require root barriers for trees planted within fifteen (1.5) feet of any road right-of--way, sidewalk, or utility. In determining the appropriateness ofparticular protection techniques, the Village shall use the current edition ofthe Tree Protection Manual for Builders and Developers, published by the State Division of Forestry, Florida Department of Agriculture and Consumer Services. Sec. 6-5 New construction and substantial revision A. Landscape area. At least fifteen percent (15%) of the total parcel area shall be landscaped, excluding any area. utilized for required parking. B. Overall Icrrrdsca~err~. The required area to be landscaped may include any of the following: 1. Entry features; 2. Massing of landscaping to produce focal points; 3. Foundation. plantings; 4. Trellises, arbors, and similar structures; 5. Planter and flower boxes; 6. Freestanding planters and pottery; 7. Sidewalk plantings; 8. Landscaped courtyards, loggias, patios, and similar open areas available for public use; and 9. Materials installed within publicly owned lands. Sec. 6-6 Prohibited and standard invasive plants A. Prohibited plantirrfis. Artificial plants or vegetation shall be prohibited. 2. Prohibited plants shall not be planted within the NBOZ, and existing prohibited plants shall be removed if determined to be invading adjacent native plant communities. The • list of prohibited plant species, include, but are not limited to Casuarina. spp. 34 • (Australian Pine), Ficus bengalensis (Banyan), Supaniopsis anacardioides (Carrotwood), .Acacia auriculiformis (Earleaf Acacia), Pueraria montana (Kudzu), and Melaleuca quinquenervia (1Vlelaleuca/Punk Tree/Pepper Tree). B. Cont~•olled plant species. The following species ma_y be planted or maintained under controlled conditions and shall not exceed a maximum of ten percent (10%) of the total number of required trees. Black Olives. Black olives shall not be installed within fifteen (1.5) feet of any parking area. 2. 1 icrrs species. Ficus species may be planted as individual trees or hedge material provided that individual trees are no closer than thirty (30) feet from any public road right-of--way, utility, or structure. Hedges shall not exceed eight (8) feet in height and be regularly maintained. Sec. 6-7 Preferred landscape palette A. Preferred Trees. Fifty percent. (50%) of the required trees shall be selected from the list presented below. Table 6-7A Preferred Tree Species • Common Name 1. 2. 3. 4. 5. 6. 7. 8. 9. 10 1. l 12 13 14 B Cabbage Palm Cattley Guava Dahoon Holly Ligustrum Tree Live Oak Mahogany Oak Oleander Tree Pink Tabebuia Pygmy Date Palm Silver Buttom~-ood Washington Palm. Wax M~-Ttle Weeping Bottlebnish Scientific Name Sabal palmetto Psidium littorale Iles: Cassine Ligustrum lucidum Quercus ~nrginiana Swietenia mahogani Quercus spp. Nerium oleander Tabebuia heterophylla Phoenix roebellini Conocarpus erectus Washingtortia robusta Myrica cerifera. C,~Zllistemon viminalis Preferred shrubs arzd ~ror~fzdcovers. Fifty percent (50%) of the required shrubs and groundcovers shall be selected from the list presented below: 35 • Table 6-7B Preferred Shrub/Groundcover Species Common Namc Scientific Name 1. Bougainvillea Bougaim-illea spp. 2. Cocoplutu Chn~sobalai~us icaco 3. Confederate Jasmine Trachelospennwn jasminoides 4. Crinurn Lily Crinum asiaticum ~. Croton Codiaeum variegatum 6. D~~~arf Oleander IJeriwn oleander `petite' 7. Dwarf Philodendron Plulodendron 'xanadu~ 8. Fakahatchee Grass Tripsacum dactyloides 9. 1~fibiscus HIbiscus spp. 10. Liriope Liriope muscari 11. Saw Palmetto Serenoa repens Sec. 6-8 Minimum landscape requirements A. Regrrred. The following uses within nonresidential developments shall be required to provide landscaping, as required herein.. 1. Vehicular use areas as required in Sec. 6-8; 2. Building foundation as required by Sec. 6-12; and 3. Signs as required by Article 7. B. Natural, form. New trees and shrubs should duplicate natural patterns with multiple plant sizes, spacing, plant clusters, and single plantings. C. Mirtimrmz larzc~scape stafzdcrrds. All landscape installed shall meet the requirements ofTable 6-8A and as otherwise provided herein. Table 6-SA Minimum Landscape Requirements • Plant Material Minimum Size at Planting Other Installation Requirements Trees 1.2 feet ~~-ith a minimiun cro«rn ~0% of required trees shall be selected of 5 feet. (1) from the preferred plant list. Palms 8 feet ~a~hen used for required 3 palms equals 1 required canopy tree. buffer or parking purposes. (2,3) 36 • Nedge Slut~bs 30 inches. Vines 60 inch trellis length ~~ith 3 or more live mm~ers at planting Planted not more than 2~l inches on center Attached to support. (-t) Notes (1) Measured from grade to average end ofbranches, not the tallest of one or two branches and a nunimuui crown of five (~) feet. (2) Measured as gray trunk height. (3) Palms not classified as specimen palms and planted in perimeter buffer areas shall be installed in groups of not less that. three. (4) Support shall be pro~~ided consistent ~i~ith sound horticultural practices to encourage future gro~~1 h. D. Mrninznm laj~dsca~e p~~i~its. Tables 4-8B and 4-8C shall be used to determine the minimum. landscape points per open space a project shall be required to provide. Achieving the minimum open space landscape point requirement does not exempt a project from compliance with other requirements of this Article. Table G-8B Minimum Landscape Requirements for Point System Delineation Open Space Points per 100 Provided* Square Feet l fi% 21 17% 20 18°r° 19 19% ig 20°.~0 17 21- 22°ro 16 23 - 2~1% 15 25 -27% 14 28 -29% 13 .i0 -.i2% 12 33- 34% 11 35 - 39% 10.5 ~0 - 49% 9.5 50 - 59% 8 > 60% 7 Notes *Eaample: 15% project open space requires 22 poin s/ 100 sgikrre feet < =Equal to or less than > =Equal to or greater than • 37 Table 6-8C • Required Landscape Installation Points Category Points Specimen Trees* 25 additional Specimen Plant * I5 additional Specimen Palms* 25 additional Native Trees - 5 Inches DBH 20 plus 1 point for each inch >i llBH Trees w/ 12 foot minimum height l~ plus 1 point for each foot (minimum of SO% from Preferred than minimum Tree Species list) (.S'ee .Vote I) Trees not on Preferred Tree 5 Species list. or < 12 foot minimum height Palms from Preferred Tree Species list 3.3 points plus l point for each ~~~/ minimum. 8 feet of clear trunk foot of clear tnmk > 8 feet Palms not on Preferred Tree Species 1 List. or less than 8 feet of clear tnuilc All Shnibs (minimwn of 50% from. Preferred Shrub Species list) 1 All Groundcover (minimum of jo% from 2 points per 10 square feet Preferred Groundcover Species list) Grass 2> (1/4) points per 10 square feet. Noies (1) Abused trees, as determined by the Village, shall not count toward required points. * = Justification to be pro~7ded consistent. with definition. DBH= Diameter at Breast Height_ (4-I/2 feet above grade) < = Less Than. > = Greater Than. E. Iota! lan~scapinK points. Achieving the total points per open space for an entire project within one or more areas does not exempt one from complying with. all other requirements, even if that means exceeding the minimum required. F. Water conservation. 1. Landscape plans shall. be required to use minimum water conservation techniques such as the following: • a. Moisture-Sensing Controller (other than rainswitch) 38 b. Drip/Trickle/Micro Irrigation System • c. Quality E$luent Irrigation 2. Water conservarion may also be obtained through the use of the following: a. Florida Native Landscaping. b. Very drought-tolerant trees, shrubs and groundcovers c. Native wildflowers, meadow grasses or groundcover in lieu of allowable sodded area. G. Specimen gees. Specimen trees shall be considered as existing native trees if in good health and over thirteen. (l3) inches at diameter at breast height (DBI-I) or larger. H. Canopy trees. Canopy trees shall be installed in the landscape buffer at a maximum ofthirty (30) feet on center. 2. The canopy trees, at maturity, shall be of a species, which possess an average spread of at least twenty-five (25) feet and a clear trunk of at least six (6) feet. 3. Approval of the use of trees with. a lesser mature canopy, provided that groupings of such species are utilized to achieve the average spread. I. Palm trees. 1. Palms must attain a minimum twelve (12) feet in height at maturity. 2. Palms must be resistant to lethal yellowing. J. free species mir. When more than fifteen (l S) trees are required to be planted to meet the standards of this section, a mix. of species shall be provided according to the overall number of trees required to be planted. Species shall be planted in proportion to the required mix. The minimum number of species to be planted is indicated in Table 4-8D. Table 6-8D Required Species Mix Reyuired Min. Number Number of Trees of Species 16- 2O 2 21-30 3 3 I -40 ~ • -11 + 5 39 K. Native czrzd droz~ght-lolercrnt ti~ees. • 1. A minimum of fifty percent (50%) of all trees used to satisfy the standards of this Article shall be classified as native. 2. In addition., fifty percent (SO%) shall be classified as drought-tolerant by the most recent edition of the South Florida Water Management District's "Xeriscape Plant Guide." L. Shruhs atzd grorcndcovers. At ]east fifty percent (50%) of all required hedges and shrubs shall be classified as native or drought tolerant by the most recent edition of the South. Florida Water Management District's "Xeriscape Plant Guide." 2. At the time of installation, required hedges and shrubs shall be a minimum of twenty- four (24) inches in height, or eighteen (1 S) inches in height for native species, spaced at a maximum. of twenty-four (24) inches on center. Required hedges shall form. a solid, continuous visual screen of at least three (3) feet in height within two (2) _years of planting. 4. Hedges used in combination with nonliving landscape barriers to meet the six (6) feet screen requirements shall be installed the height necessary to provide the total six (6) foot screen within. (2) years of planting. M. Sod or1,~-ass. Not more than forty percent (40%) ofthe total landscape area shall be covered with sod or grass. N. Groart~d treatment. The ground. area within. required landscaped areas which is not dedicated to trees, or the preservation of existing or new vegetation, shall. receive appropriate landscape treatment such as grass, groundcover, mulch or shrubs and present a finished appearance upon planting. 2. Sand, gravel, shellrock, or pavement shall not be considered appropriate landscape treatment. 3. The following standards shall apply to the design of ground treatment. a. Grcntnd cover. Live material used as ground cover shall provide a minimum of fifty percent (50%) coverage immediately upon planting and one hundred percent (100°,%) coverage within one (1) year. • 40 b. Mulch. Mulch shall be installed and maintained at a minimum depth of three • (3) inches at all times, in all planted areas not containing ground cover. All. mulch material shall be seed and weed-free to prevent tree sprouting and regrowth. Pehhle and e~TK rock. Pebble or egg rock may be used in a limited amount as aground treatment in areas ~~~here drainage is a problem. d. 1 a-wrr acrd Turf ~n-ass. Grass areas shall be planted with species suitable as permanent lawns. Use of drought-tolerant groundcover instead of lawn and turf grass is encouraged. O. Flowers. Flower boxes and hanging pots should complement the overall architecture of the facade and not obscure architectural details. The boxes should be well constructed, and accommodate watering needs without allowing water to drip or leak onto the building or sidewalk. P. Recr'evely~~merr~arrdnoncorrformrngprojects. Ifaredevelopmentandnonconformingproject is unable to meet the point system or open space requirements of this Article, required landscape points maybe transferred to other public lands, parks, road, road. rights-of--way or other similar public space, up to a maximum of twenty-five (25%) percent reduction of points per one hundred (100) square feet. Q. Larrc~scape irr easenrerrts. Landscaping may be permitted in easements with the written pernussion of the easement holder. Trees planted within. any easement with overhead utilities shall be consistent with FP&L's suggested tree list "Plant the Right Tree in the Right Place,'' taking into consideration the mature height and spread of the species beneath or adjacent to existing overhead utilities. 2. Easements may overlap a landscape buffer a maximum of five (5) feet provided that there remains a minimum of five (5) clear feet for planting, or if a wall with a continuous footer is used, a minimum of ten (10) clear feet for planting. The landscape buffer may be traversed by easements or access ways as necessary to comply with the standards of this section. R. Perimeter larrdscapirrg. Only access ways and easements shall. be permitted as interruptions in perimeter landscaping and shall be included in the calculation. of linear dimension. No structures or parking are to be located in this landscape area. S. I_andscapirrK irr public road right-of--way. Maintenance of landscaped rights-of--way shall be the responsibility of the project's property owner or, as agreed upon in the development order • approving the project, by special districts created for unified maintenance. 41 Sec. 6-9 Miscellaneous landscape elements • A. A1ter~zative lcrnc~scape materials. A landscape plan may utilize one or more materials not specifically authorized in this Article and must be demonstrated to be consistent with the purposes and intent of this Article. B. ScreenirJg regrrirec~ Uses within the Overlay Zone that shall be required to be screened from public view include mechanical equipment areas, parking areas, satellite dishes mounted on the ground, chain-link or other non-opaque fence or wall. type, accessory use structures, and other elements as defined by this Article. C. Perimeter walls crna!, feces. Perimeter walls, metal or wood fences, or other nonliving landscape materials maybe used in conjunction with vegetation to meet required landscaping. 2. Approved walls or fences shall be set back from. property lines sufficiently to include landscape on the outside of the wall or fence. Chain link fences shall have a green or black. vinyl covering. Maintenance of the wall. or fence and associated landscaping by the property owner is required. D. Storage anc~ Kcrrba~e collection sites. All outside storage and trash or garbage collection sites shall be completely screened from view, utilizing any approved combination of hedge (a. minimum of three (3) feet in height) structural bamers, berms or any combination thereof to one hundred percent (100%) percent screen the area from view. E. .Sen~ice areas. Service areas ofnonresidential buildings, when visible from the street right-of--way or adjacent residential land use, shall have barriers and a hedge at a minimum of six (6) feet in height to screen the service area from. this use. 2. Service areas may include interior or exterior work bays associated with full service gas stations, fire repair, auto repair business, as well as any business proposing loading or unloading docks. F. Backflaiv pre>>eruers. Backflow preventer systems shall be screened from. public view, utilizing any combination of trees, palms, hedges, or other barriers. G. Mr~lch. • 42 1. All tree and shrub beds shall receive at least three (3) inches of mulch. Where mulch is to be installed permanently, it shall. be renewed and maintained at three (3) inches • of depth. 2. Mulch. shall be temporarily applied to areas not immediately covered by groundcover. ~. Mulch will be thoroughly wet at the time ofapplication to prevent wind displacement. H. Pai~ers. The use of pavers or similar impervious material, excluding sidewalks, shall not exceed thirty percent (30%) coverage of an open space area, and shall not be wider than twelve (12) feet if used in a required landscape buffer area. I. Sz~nzs. Landscaping around Ground/monument signs is required anal shall be provided pursuant to Article 7. J. Acfi~ertisifz~,r. Ai no time shall a landscaped area be used for advertising display or sales. Temporary signs may not be placed in landscaped areas. K. Barth berms. Earth berms shall use long and gentle slopes and as non-living landscape barriers only when installed in conjunction with plant materials. Berms five (5) feet or less in height shall have a maximum slope of 2:1. Berms greater than five (5) feet in height shall not exceed a ratio of 3:1 in slope. 2. Hedges used in combination with earth berms to meet the six (6) foot screenrequirements shall be installed at the height necessary to provide the total six (6) foot screen at time of planting. Sec. 6-10 Landscape requirements for off-street parking areas A. Mirri~~um s~aci»g. 1. The minimum shade tree spacing for interior parking areas shall be such that the center of any parking space is not more than forty (40) feet from the center of the shade tree. 2. A shade tree maybe replaced by a minimum of three (3) palms clustered together, as long as the affected. parking bays are more than fifty (50) feet from a public street. B. I a~rc~scape i.slanc~s•. l . A landscape island shall be required for every nine (9) parking spaces located in a • row. 43 2. The use of landscape diamonds for interior parking lot tree planting is permctted as per this section, excluding islands at the end of parking rows. 3. Each planter island shall contain at least one canopy tree for each one hundred (100) square feet. of area. or fraction thereof, in addition to shrubs and ground cover. ~. 1'ermznal arzd Iarzdsccrhe islands. Each row of parking spaces shall be terminated by landscape islands, which measure a minimum of eight (8) feet in width, excluding required curbing, and fifteen (15) feet. in length. A minimum of one hundred anal twenty (120) square feet of pervious surface areas shall be provided..A minimum of one (1) tree shall be planted in each terminal. island. 5. Interior landscape islands. A minimum of one (1) interior landscape island shall be provided for every nine (9) parking spaces or fraction thereof and shall be spaced. a maximum of ninety (90) feet apart. Interior islands shall measure not less than eight (8) feet in width, excluding required curbing, and fifteen (15) feet in length. A minimum of one hundred and twenty (120) square feet ofpervious surface areas shall be provided. A minimum of one (1) tree shall be planted in each interior island. 6. Lots equal to or less thcrrz one (I) acre. For lots equal. to or less than one (1) acre, terminal and interior landscape islands shall be a minimum of five (5) feet in wridth, excluding required curbing, and fifteen. (15) feet in length.. C. Divider median. 1. Divider medians shall be installed between rows of parking anal between all parking/vehicular use areas. 2. One (1) tree shall be planted for each thirty (30) linear feet of a divider median, or fraction thereof. 3. The minimum width shall be five (5) feet of un-encroached landscape area. D. Mir~imznn size, for la~adsccr~e areas. The minimum landscape area shall contain no dimension less than five (5) feet in width, measured from the inside of the curb. 2. There shall. be no landscape area smaller than .twenty-five (25) square feet. 3. Landscape areas within interior parking areas may be reduced if the areas shall constitute an obstruction in use of a building structure, providing the reduced square footage is relocated so as to emphasize entrance corridors or special landscaped areas within the general parking area. 44 E. Prc>tecliorz of lcrrzdscape areas. All landscape areas shall be protected by curbs or wheel stops from vehicular encroachment anal from the damages caused by vehicles overhanging into • landscape areas. 1. I_a~idsca~ir~~~. In addition to grass, landscaping shall be required to be at least thirty (30) inches from the edge of the wheel stop or curbing. 2. Onenc~r~igareas. Vehicle parking areas designed to permit vehicles overhanging into landscaped areas shall not. be permitted to count the first thirty (30) inches of landscape area as open space. 3. Crirbir7k. All landscape areas subject to vehicular encroachment shall be separated from vehicular use areas by six (6) inch, non-mountable, FDOT-type 'D' or FDOT- type 'F', concrete or asphalt curbing. The curbing shall be machine-laid, formed-in- place or integral. with the pavement. 4. Wheel.stop.s. a. Wheel stops shall have a minimum height of six (6) inches above finished grade of the parking area, shall be properly anchored, and continuously maintained in good condition. b. The space between the wheel stop and. the end of the parking space may be paved as required by the Building Division for anchoring and maintenance purposes. c. Wheel stop anchor rods shall be set through the pavement and the bottom of the wheel. stop must rest fully on the pavement to prevent rocking. F. Hedges. 1. All parking, loading, or storage areas adjacent to the right-of--way, including driveways to parking lots, shall include a continuous hedge that is maintained at a minimum of three (3}feet at maturity. 2. "Dwarf' hedges may be installed and maintained at a nunimum height of eighteen (l 8) inches when adjacent to an automobile sales display area.. G. Mair~tenarrce. Regular maintenance ofvehicular use areas adjacent to all landscape areas shall include replacement of broken curbs or curb stops as needed to keep the general appearance in good. condition and safe. H. ASnfe sight distance triangles. Safe sight distance triangles shall be provided in accordance with the County Design Manual, published by the Palm Beach County Department of • Engineering and Public V6'orks, to restrict placement of visual obstructions. 45 1. Landsca~~e lrmztatiarzs. • a. Safe sight distance triangle areas shall be maintained to provide unobstructed visibility at a level between thirty (30) inches and eight (8) feet above the crown of the adjacent roadway and in a way that does not create a traffic hazard. b. Landscaping on state roads shall. be installed in accordance with the roadside clear zone provisions of the State of Florida Department. of Transportation's Manual of iJniform .Minimum Standards for Design, Construction, anal. Maintenance of Streets and Highways, as amended. c. All. landscaping within the safe sight. distance triangle area shall be planted and perpetually maintained b_y the property owner, in accordance with this section. 2. L,anclscape area arcrzrrz~l si~~s. a. A three (3) foot. wide planting area shall be required around the base of all signs. b. One (1) shrub for each ten (10) square feet of sign surface area shall. be installed within the three (3) foot planting area at the base of the sign. c. GroundLMonument signs may be surrounded by ground cover instead of shrubs. d. Landscaping and trees which interfere with signage may be relocated. to the rear of the sign. planting area. I_ 1_anilscape diamofzcfs. 1. Landscape diamonds may be distributed throughout the interior of an off-street parking area to provide shading of parked motor vehicles as an alternative to interior landscape islands. 2. Tree planting areas shall be located only at the common intersection of four (4) parking spaces and spaced no greater than four (4) spaces apart. 3. The ground within the tree planting area shall receive appropriate landscape treatment, including mulch or groundcover. 4. The minimum tree planting area shall betwenty-five (2_>") square feet and the minimum dimension shall be five (5) feet by five (5) feet, not including curb treatment. • 46 Sec. 6-11 .Minimum landscape buffer and planting requirements A. Rlinimrma b7sffer• regrureil. A landscape buffer shall be a minimum of eight (8) feet in width around the perimeter of a parcel. However, additional buffer width shall be provided as indicated below: A minimum landscape buffer of ten (10) feet in width shall be required on lands located adjacent to public rights-of--ways that are one hundred and ten (1.10) feet wide or less; A minimum landscape buffer of at least fifteen (l 5) feet in width shall be required on lands located adjacent to public rights-of--ways that. are one hundred and eleven (1 l l ) to one hundred and fifty (150) feet wide; A minimum landscape buffer of at least twenty (20) feet in width shall. be required on lands located adjacent to public rights-of-ways that are greater than one hundred and fifty (1.50) feet wide; and 4. A landscape buffer, at least five (5) feet in width, shall be provided along all sides of the parking lot, excluding that side or sides, which abut. a building. B. Mature height. Vegetation should be planted taking into consideration the mature height and spread of the species. C. Spaci~z~j. The maximum spacing of planting trees shall be thirty (30) feet on center along any perimeter buffer. D. Perimeter larzclscape requireme»ts. Perimeter landscape buffers shall be installed and maintained in accordance with the following standards. Easements and access ways, which traverse required perimeter landscape buffers, shall be included in the calculation. of linear dimension. Palm Trees. a. Within the landscape buffer, a group of three (3) palm trees may be substituted for one (1) required canopy tree; however, not more than fifty percent (50%) of the required canopy trees may be replaced by palm trees. b. In right-of--way buffers only, Royal or Phoenix. palms, excluding Phoenix roebellini, may be counted as one (1) required canopy tree. These palms shall: l) Not exceed a maximum of thirty percent (30%) of all trees required in the buffer; 2) Be spaced a maximum of twenty (20) feet on center; and • 47 3) Be a minimum. of either six (6) feet of gray wood for Royal palms or eight (8) feet clear trunk. for Phoenix palms. • 2. .Slash pines. a. Slash pines planted in perimeter buffers shall be installed in groups of no less than three (3). b. Each group of slash pines shall average a minimum often (10) feet in height anal may be counted as one (l) required canopy tree. 3. Hedges alld shrllbs~. a. At the time of installation, required hedges and shrubs shall be a minimum of twenty-four (24) inches in height, and spaced at a maximum of twenty-four (24) inches on center. b. Required hedges shall. form. a continuous solid opaque visual screen ofat least thirty-six (36) inches in height within two (2) years of planting. 4. (.'crnopy tree atld palm clrlstel~ing. a. Canopy trees and palms may beclustered inright-of--way buffers ifthe clusters are spaced a maximum of thirty (30) feet. apart, and/or consist of trees of varied height, which when averaged, equal. the minimum tree height requirements anal are located on property containing a minimum of three hundred (300) linear feet along the right-of--way. S. Wal1S alld fL'TICE'.S 11~11h1)1 I"Igh/-Of t1~al% buffer. a. If a wall or fence is used, the required landscaping shall be located between the wall or fence and the right-of--way. b. Walls and fences shall not encroach upon easements, unless approved in writing by the easement holder. c. Wall or fences shall be setback a minimum often. (10) feet from the edge of the ultimate right-of--way unless a wall with a continuous footer is used, then the wall shall be setback to provide a minimum of ten. (l0) clear feet for planting. Sec. 6-12 Foundation landscaping and plantings • A. Location. 48 1. There shall be foundation landscaping within five (_5) feet of all buildings and structures and shall be provided along all four (4) facades of all commercial • 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. 2. The combined length of the reduired foundation planting shall be no less than forty percent (40%) of the total length of the applicable side of the structure. B. Irrigation. All foundation areas shall be irrigated and of the appropriate size to accommodate the mature size of the vegetation. to be planted. C. Minim~im sta~ui'arcls. The minimum standards for foundation landscaping shall be determined by the building height and function; and extend along the portions of a facade that directly abut a parking area or vehicular use area, excluding entryways, doorways or other building improvements. l . The foundation planting area for aone-story building shall be at least five (5) feet wide, unless foundation landscaping would interfere with the intended use and function. of a building. 2. The foundation planting area for a building of two (2) or more stories shall be not less than thirty percent (30%j of the height of the adjacent wall. 3. At least one shade tree or palm cluster shall be installed for each thirty (30) linear feet, or fraction thereof, of facade width. a. A minimum. of one (1) tree per facade shall be planted, and the remainder of the landscape area shall. be treated appropriately with plantings and pedestrian accessways. b. Trees and palms shall be of an installed size .relating to the height of the adjacent wall or facade, as indicated in Table 4-12. Table 6-12 Minimum Foundation Planting Dimensions Wall Height )Vtin. Tree Height Min. Palm Height < 15 feet 12 feet 12 - l ~t feet 1 S - 25 feet 14 feet 14 - 18 feet > 2 i - 3 5 feet 16 feet 18 - 22 feet > 35 feet ] 8 feet 22 - 28 feet Sec. 6-13 Maintenance 49 A. 11~Itnimnrn reyuzren7ents. The land owner shall be responsible for the following: • I. The maintenance of required landscape structures (e.g., walls, fences) in a structurally-sound condition. 2. Tree maintenance, which shall be limited to periodic trimming to maintain healthy trees, removal ofdiseased limbs, or removal oflimbs or foliage that present a hazard. a. All trees shall be allowed to gro~~~ to their natural mature height and a full canopy. b. Large and medium canopy trees shall be required to attain a minimum. twenty (20)-foot canopy spread prior to pruning. In no case shall the canopy spread be reduced to less than twenty (20) feet in width. 3. Landscape buffers shall be maintained and preserved along the entire length of the property. 4. All landscape areas which shall be maintained on a regular basis, to include weeding, watering, fertilizing, pruning, mowing, edging, mulching, replacement of dead. or missing landscaping, removal of prohibited plants, and other horticultural practices that are needed to keep landscaping in good condition, free from disease, insect pests, weeds, refuse, and debris. 5. Landscape maintenance shall be carried out in a manner that will not disrupt, inconvenience or endanger any member of the public, or pedestrian, or motor vehicles. Sec. 6-14 Irrigation A. Ge~zeral. All landscape areas, except those areas composed of existing native plant communities, shall provide an irrigation system plan. The irrigation system shall be designed and installed in accordance with the Florida Irri~atio~i Society Standards and Specifications for Turf and Landscape Irrigation Systems, as amended. from time to time. Irrigation systems shall be designed and maintained to obtain the following results: 1. Eliminate the wasteful use of water; 2. Eliminate staining of buildings, walks, walls and other site improvements including landscaping; 3. Provide a minimum of 100-percent coverage, including the capability of applying water onto turf areas on a different saturation level than that used to irrigate shrub- planting beds; and • 50 4. Eliminate water overthrow onto non-pervious areas. • B. Stcrrzcirarcls. Irrigation systems shall comply with the following standards. Irrigation systems shall be continuously maintained in working order and shall. be designed so as not to overlap water zones or to water impervious areas. 2. Irrigation systems shall not be installed or maintained abutting any public street which causes water from the system to spray onto the roadway or to strike passing pedestrian. or vehicular traffic, where feasible. C. Rairr sef~sn~~s. A rain sensor, to switch off irrigation during wet periods, shall be required on all. new irrigation systems. Sec.6-15 Pruning A. Croi+>r~ r•eductiofi. Crown reduction. of shade trees shall be prohibited until the tree canopy has reached at least twenty (20) feet in diameter. Exceptions include: a. The removal of limbs or foliage presenting a hazard or in conflict. with a crime prevention program; b. Removal of dead or diseased limbs; c. The reinforcement strength of form, or d. In association with tree or palm relocation work. 2. After a tree canopy reaches fifteen (15) feet in diameter, crown reduction. shall only be permitted as incidental when correct pruning standards are used and when there are constraints such as, but not limited to, vie~~~s, power lines, structures, lighting, or signage. 3. A maximum of one-fourth (025) of tree canopy may be removed from a tree within a one (l) year period, provided that the removal. conforms to the standards of crown reduction, crown cleaning, crown thinning, crown raising, vista pruning, and crown restoration pruning techniques. • a. The crown of a tree required by this code or condition of approval shall not be reduced below the minimum spread or height requirements of this section or specific Village conditions of approval. 51 b. A tree that is pruned in excess of these requirements shall be replaced with a tree that meets the miivmum requirements of this section or equal • specifications of the tree that has been pruned, whichever is greater. B. Plant characteristics. Unless otherwise approved by the Village during the approval process, trees shall be allowed to grow to a shape and size typical of their species throughout their life cycle. C. I'rzzzzingstcrrzdards. The following are general pruning standards and requirements established for the Overlay Zone. Hat-rackirz~. Hat-racking is prohibited. For the purposes of this Article, hat-racking is defined as flat-cutting the top or sides of a tree, severing the leader or leaders; making internodal cuts (cutting back of limbs to a point between branch collars/buds) prune a tree by stubbing offmature wood larger than one (1) inch in diameter within the tree's crown; or reducing a mature tree's total circumference or canopy spread by one third or more. 2. Pa/m trees. Pnming palm trees shall be limited to dead fronds and up to one-third (1/3) of the green. fronds and seed pods. 3. M~xxinzz~zzz limb przcrzizz1; Severely cutting back lower branches to increase sight visibility from underneath a tree's canopy, shall not exceed thirteen feet six inches (1.3'-6") from the ground level to the collar of the first limb. D. A/ternative canopy shapes. If other than the normal expected tree canopy shade anal size is desired by the owner of the trees, the desired shape and size shall. be indicated on the approved landscape plan. If a desired shape and size is not noted on the approved landscape plan, trees shall be allowed to grow to their natural shape and size. E. Perfornzcrnce. Pruning shall be performed by a person or tree service that is knowledgeable with the latest standards of the National Arborist Association. F. Fzempti~ns. The following shall be exempt from this section. Trees which interfere with safe site triangles, utility lines, or utility structures. 2. Trees having crown die-back or decay greater than one third the tree canopy. 3. Trees having suffered damage due to natural or accidental causes. 4. Trees having insect or disease damage greater than one-third of the tree crown. • 52 ARTICLE 7. SIGNAGE AND OUTDOOR DISPLAYS • Sec. 7-1 General provisions A. Intent. It is the intent of this Article to: 1. Regulate and limit the existing and proposed posting, display, erection, use and maintenance of signs and other advertising structures within the NBOZ. 2. Protect property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the community and preserve the scenic and natural beauty of the NBOZ. 3. Secure and preserve the right of free expression guaranteed by the First Amendment of the Constitution of the United States. B. Nonconforming signs. A nonconforming sign is any sign which was established pursuant to the issuance of a sign permit on or before the effective date of these regulations, and which is rendered nonconforming by the provisions of this Article. 1. All accessory signs, wall signs, freestanding signs, awning signs, pole signs, and ground signs erected within the corridor that do not conform to the terms of this Article shall conform ten (10) years from the adoption of this overlay or be removed from the premises. 2. A face change on a wall sign, awning sign, pole sign or ground sign will not require the sign to conform. However, all other signs and outdoor displays including, but not limiting to flags, balloons, banners and temporary signs shall be removed within thirty (30) days of the effective date of this Article. 3. A nonconforming sign may not be enlarged or altered. 4. If a nonconforming sign is damaged or destroyed by any means to the extent of fifty percent (50%} or more of its replacement value at the time of the damage, the sign may not be rebuilt or used thereafter unless it conforms to all of the provisions of this Article. 5. Legal billboards that are subject to existing settlement agreements with Palm Beach County are not to be considered nonconforming, and therefore are not subject to the amortization schedule set forth in the NBOZ. C. Amortized signage. Signs subject to an amortization schedule by the Village, prior to the adoption of the NBOZ, shall be required to adhere to the previous amortization schedule. D. Removal of nonconforming signs. Any sign which may become nonconforming as a result of these regulations may be continued in operation and maintained for ten (10) years as a legal nonconforming sign, provided that: 1. Damaged nonconforming signs, which may not be reconstructed or repaired under the terms of this section, shall be removed within twenty (20) days after the damage or destruction occurs. 2. In the event the damage or destruction is less than fifty percent (50%) of its replacement value at the time, the sign may be restored to its original condition and may continue to be displayed. 3. Norma( maintenance of nonconforming signs shall be permitted, including necessary non- • structural repairs and incidental work, which does not extend or intensify the nonconforming features of the sign. 53 E. Prohibited signs. It shall be unlawful to erect or keep any sign not expressly authorized by, or • exempted from, this Article. F. Non-commercial messages. Any sign erected pursuant to the provisions of this Article may, at the option of the applicant, contain either anon-commercial message unrelated to the business located on the premises where the sign is erected or a commercial message related to the business and located on the business premises pursuant to the following regulations: 1. The non-commercial message may occupy the entire sign face or portion thereof. 2. The sign face may be changed from commercial to non-commercial messages as frequently as desired by the owner of the sign, provided that the following is true: a. the size and design criteria conform to the applicable portions of this Article, b. the sign is allowed by this Article, c. the sign conforms to the requirements of the applicable zoning designation; and d. the appropriate permits are obtained. 3. Forthe purposes of this sign code, non-commercial messages shall never be deemed off-premises. Sec.7-2 Appearance A. General. All permanent signs shall comply with the requirements and procedures of the PlBOZ and Village regulations and shall be part of the architectural concept and character of the site. Lighting, materials, size, color, lettering, location and arrangement shall be harmonious with the building design. 1. If external spot or flood lighting is used, the light fixtures and light source shall be arranged so that the light source is shielded from view. 2. Excessive brightness and brilliant colors shall be avoided. B. Maintenance. All signs, including their supports, braces, guys and anchors, electrical parts and lighting fixtures, and all painted and display areas, shall present a neat and clean appearance. The vegetation around the base of ground signs shall be neatly trimmed and free of unsightly weeds, and no rubbish or debris that would constitute a fire or health hazard shall be permitted under or near the sign. Examples of unacceptable maintenance and repair include the following: 1. Cracked, ripped, or peeling paint present on more than ten percent (10%) of the surface area of a sign; 2. Bent, broken, loose, or otherwise insufficiently attached supports, struts, or other appendages; 3. Partial illumination for more than fourteen (14) days; 4. Obstruction of sign face by weeds, vines, or other vegetative matter; and 5. Maintaining a position that is more than fifteen (15) degrees from vertical for more than ten (10) successive days. • Sec. 7-3 Exempt signs 54 A. General. The following signs are exempt from these sign regulations and applicable permit fees, provided they are not placed or constructed so as to create a hazard of any kind: • 1. Political signs. Political signs shall comply with the regulations of the Village. 2. Holiday lights and decorations. The display of holiday lights and decorations shall comply with the regulations of the Village. 3. Manufacturer signs. Signs incorporated into machinery or equipment by a manufacturer or distributor, which identify or advertise only the product or service dispensed by the machine or equipment, such as signs customarily affixed to newspaper racks, telephone booths, and gasoline pumps. 4. Merchandise displays. Merchandise displays behind storefront windows so long as no part of the display moves or contains flashing lights. 5. Religious displays. Religious displays as permitted by law. 6. Works of art. Works of art, ornamental figurines and the like, both two and three-dimensional, used for decorative purposes and not related to the operation of a commercial enterprise. Sec. 7-4 Temporary signs A. Generally. Temporary signs do not require a building permit and are allowed throughout the corridor, subject to the restrictions imposed by the NBOZ and Village's regulations. The sign shall not be an electric /illuminated sign. B. Removal of illegal temporary signs. Any temporary sign not complying with the requirements of this section is illegal and subject to immediate removal by the Village at the expense of the owner and/or individual responsible for the illegal placement. C. Restrictions. Advertising for the following purposes may be displayed: 1. Construction signs. To identify development construction in progress. a. Such message shall not be displayed more than sixty (60) days prior to the beginning of actual construction of the project, and shall be removed when construction is completed. b. If a message is displayed pursuant to this section, but construction is not initiated within sixty (60) days after the message is displayed, or if construction is discontinued for a period of more than sixty (60) days, the message shall be removed, pending initiation or continuation of construction activities. c. Upon final certificate of occupancy of a completed residential or nonresidential structure, such sign shall be removed. 2. For-sale signs. Such signs shall comply with the regulations of the Village. 3. Grand opening signs. To announce the opening of a new business or the change of ownership of an established business shall be permitted in addition to other signs, which may be permitted by this regulation. a. Signs shall not remain in place for more than seven (7) days commencing immediately upon the opening of a new business or the change of ownership of an established business. • 4. Special event signs. Such signs shall be placed no more than fifteen (15) days prior to the 55 beginning of the event and provided further that all such signs shall be removed within forty-eight {48) hours after the event. Approval of the size and locations of the signs by the Village is • required. D. Permissible size, height, location and number of temporary signs. Table 7-4 Permitted Temporary Signs Sign Type max. number max. # of max. area max. height / other limitations sign faces dimensions Construction 1 per 500 I.f. of f 32 square feet 8 feet 20' min. setback from property line and r.o.w. ....................................................................................................... . . ...................... . . time frame: 60 days before /removal at the certificate of occupancy For-sale Signs shall comply with the regulations of the Village. Grand Opening / 1 per parcel 1 32 square feet 6 feet 20' min. setback from property line and r.o.w. time frame: 7 calendar days total Special Event 1 per parcel 2 32 square feet 8 feet 20' min. setback from property line and r.o.w. time frame: 1 S days before / 48 hours after. Sec. 7-5 Accessory signs A. Permitted. A permanent accessory sign may be a ground or monument sign with one (1) or two (2) faces or wall signs with one (1) face. B. Content. Signs permitted pursuant to this section may contain any noncommercial message, which has not been declared by a court of competent jurisdiction to be obscene, defamatory or otherwise contrary to law. A permanent accessory sign may only display any combination of the following: 1. Street address number and/or name. 2. A logo symbol for the building or the building occupant, which does not exceed fifty percent (50°~) of the allowable sign area. 3. Letters depicting the nature of the business and that are a maximum of fifty (50%) percent of the height of the letters depicting the name of the building or building occupant. C. Sign type and criteria. 1. Gasoline signs a. One (1) gasoline price sign shall be permitted per gasoline station to provide the price of gasoline only and shall be attached to permanent sign structure orto a building. The price sign shall not be included in the total area of signage otherwise permitted. b. Signs providing information needed for motorists to locate the proper service station pump site shall be permitted. Such signs shall include those identifying the type of fuel sold at individual service station pumps, the location of full service and self-service pump islands and other similar information. Such signs shall be of a size, which can be seen by motorists once on the • site, but shall not be sized to attract attention of motorists on public rights-of-way 56 2. Flags. A maximum of three (3) flags or insignias of governmental, religious, charitable, fraternal, corporate, or other organizations may be displayed on any one (1) parcel of land. However, flags bearing commercial messages including corporate insignias, trademarks, and logos are considered • a sign and therefore counted as part of the permitted business sign square footage as defined by this Article. 3. Parkirrgarea directionalsigns. Parking area directional signs may be eaected at each point of ingress and egress to a parking lot or parking area shall not be counted as pall of an occupant's allowable sign area. Directional signs shall be subject to the following: Sttch signs shall not exceed two (2) square feet in bac!cgrourld area nor extend to a height greater than three (3) feet above grcurld. Only one (1) such sign shall be allowed at aach point of ingress and egress, and such signs shall not create a traffic or pedestrian hazard. No names or logos are permitted on the sign. 4. Parking area instructional and related signs. The direction of traffic flow within a parking or loading area, ingress and egress points, areas where no parking is permitted, identification of parking spaces reserved for other specific .groups or for individuals, and other similar information. 5. Vehicle signs. The following vehicle signs are not permitted within the NBOZ: a. Signs in excess of ten (10) square feet. `Jehicle Signs wish a total sign area on any vehicle in excess often (10) square feet, when the vehicle is parked on the same properly as the business being advertised and: 1) is parked for more than sixty (60) consecutive minutes within one hundred (100} feet of any street right-of-way; and 2) is visible from the street right-of-way that the vehicle is within one hundred {100) feet of; and is parked on commercially zoned property. b. Vehicle signs less than or equal to ten (10) square feet. Vehicle Signs visible from any street right-of-way wish a total sign area less than or equal to ten (10) square feet, when the vehicle is parked for more than sixty {60) consecutive minutes on a commercially coned property and on which the business being advertised is located and: 1) is parked within the front two-thirds (2/3) of the area between the front building line and the front lot line; or 2) in the case of corner lots, is parked within the front two-thirds (213) of the area between the side building line and the side lot line; or 3) is parked within thirty (30) feel of any street right-of-way. D. Permissible size, height, !ocation and number of permitted accessory sigrrs. Table 7-5 Permitted Accessory Signs • Sign Type max. number max. # of max. area maz. height / other limits sign faces dimensions Building Directory 1 per building for 1 18 s.f. 6 h. height 2 or more buildings on same parcel occupants not or development accessible to Internal illumination only street frontage Location with 25 ft. of main entry to building Changeable copy permitted Gasoune pace 1 per station 2 15 s.f. per side none 20' min. from all property lines May include changeable copy 57 Table 7-5 Permitted Accessory Signs (cont.} t Sign Type max. number max. # of max. area max. height I other limits sign faces dimensions Flags 3 flats max. 2 oer flao ht. of flag is 30°ib of pole 20 ft. height of pole mar.. dimension of flag is 5' x 10' (free standing] ht. length is (2x) max. min. setbacV. is 103°0 of pole ht. allowable ht. Flags 1 flag max, 2 per flag (same as flag-free 10 ft. aoove hionest structure (from structure) standing) Parking area as neeaec i .. 4 s.f.l face o `. neigh) ma>: 3 f,. aoove crown of paving or instructional I freestandino or 12 f:. road ~ Height if wall- mounted 2 ft. from lot line copy limited to exit, entrance, exit only. eic. j Internal illumination only ` I I (( ............_...__.__ ..................._...._.........._._.......... 5 f:. from public right-o.-way Parking Girecnonal 1 oer ingress o- I _ 2 s.f./ face 3 f;. height egress I freestanding i ........_..._.__...---- .............._... 4 ft. max. height from ...._.........._..............................._._..........._................... crown of paving or road ns Venicie Sio as neeaed ~ > 10 s.f./ face none Must oe on the property being _ aavertised Cannot be parked for more than 60 minutes within 100 feet of any street r.o.w. Cannot be visible from any street r.o.w that the vehicle is within 100 I feet of. I j < 10 s.'./ face none Must be on the property beinc j advertised Cannot be parked within 30 feet of any street r.o.w Cannot be parked in the front 2/3 of the area between the front building tine and the front lot line Corner lot: Cannot be patxed in the I front 2/3 of the area between the t ` ~ side buildino line and the sine Io: I tf ' _ line Sec. r'-6 Business signs r'.. Permitted. ;~ permanent sign advertising a business or establishment shall consist of the followine,~ 1. A canopy or awning sign; 2. Aground or monument sign with one (1) or two (21 faces; 3. A wall sign with one (1) face; and/or 4. A window sign not to exceed twenty percent (20%) of the total window area covered. • B. Content. A permanent sign may only display any combination of the following 1. Street address number and/or name of the business or occupant. 58 2. A logo symbol for the building or the building occupant which does not exceed fifty percent (50%) of the allowable sign area. • 3. Letters depicting the nature of the business and that are a maximum of fifty percent (50%) of the height of the letters depicting the name of the building or building occupant. 4. These restrictions (1, 2 and 3 above) shall not apply to permitted noncommercial messages. C. Sign type and criteria. 1. Canopy or awning signs. Notwithstanding limitations of this Article on the projection of signs from the wall of a building, signs shall be permitted on canopies and awnings. a. The sign shall indicate only the name of the building or the name of the principal occupant of the building; b. The sign shall be painted or printed directly on the canopy or awning; and c. The sign shall be counted in determining the area of wall-mounted signs permitted on the wall from which the canopy or awning projects. 2. Ground signs. The name, logo and address of parcel of land as per the following standards: a. A minimum of one (1) sign for parcel of land. b. Overall. For parcels with greater than three hundred (300) linear feet of street frontage, one (1) additional sign for each additional seven hundred (700) linear feet of street frontage to include intersecting roadways. c. Outparcels. Outparcels of a commercial center are permitted to have one (1) ground sign: 1) If the outparcel has direct access to Northlake Boulevard. 2) Overall. a) Ifthe outparcel is entitled to a ground sign, street frontage calculations forthe outparcel should not be included in the street frontage calculations for the adjacent commercial center. b} Qutparcel information may be provided in the permitted commercial center ground signs if internally accessed pursuant to regulations of this Article. d. The maximum area of a ground sign is sixty (60) square feet. e. The maximum height of a ground sign is ten (10) feet. f. Minimum setbacks. The minimum setbacks for ground signs are as follows: 1) Two hundred (200) feet between signs located within the same parcel of land. 2) Fifty (50) feet from sign to anon-right-of-way property line. 3) Five (5) feet from the public right-of-way. 4) Eight (8) feet from utility transmission lines. 5) Four (4) feet from the edge of pavement or curb when placed in an ingress/egress median. g. Street frontage. Street frontage is measured as the linear length of a property line adjacent to a public right-of-way. 3. Wall signs. The name, logo and address of the business to which the sign is accessory and other related information. No wall sign shall be painted directly onto the building. 4. Window Signs. • a. A maximum of twenty percent (20%) of the total window area of each business may be covered with signage or other opaque material such as display racks, merchandise or other items. 59 b. UVindo~,v signs shall be permanent, identifying or informative in nature and such ~ignage shall be included when calculating the allowable square footage for the business. D. Permissible size, height, location and number of permitted business signs. • Table 7-6 Permitted Business Signs / 1 ~. Sign Type max. number max. # of max. area (siyn face) max. height I other limits sign faces dimensions Canopy or awning. 1 per front or 1 3 s.f. none Signage considered a wall sign side Copy shall not exceed 6" in height Functional awning: (shade/cover) calculate s.f. by enclosing cony Non-functional: (decorative only) sign is entire awning Ground/ Monument min. 1 sign per 30 s.f. 8 ft. height 5 ft. min. from public right-of-way (East District) parcel of land .............................................................. ..................................................... ....................................................................................... 36 s.f. 8 ft. height 10 ft. min. from public right-of-way Ground/ Monument 1 sign per min. 36 s.f. 8 ft. height 15 ft. min. from public right-of-wav (Central /West of 300 I.f. of Districts) street frontage Ground/ Monument Parcels with > 2 per sion 40 s.f. 10 ft. height 20 ft. min. from public right-of-way (Overall) 300 I.f. of street frontage: 1 additional sign 45 s.f. 10 ft. height 30 ft. min. from public riyht-of-way per each additional 700 I.f. of street frontage .............................................................. ..................................................... ....................................................................................... 60 s.f. 10 ft. ht. i 15 ft. width 50 ft. min. From r.o.w. and interior property lines Sign copy not to exceed building identification and 1 tenant Requires 3 ft. min. solid sign base without Copy 200' between signs within the same parcel of land. 50' from sign to non-r.o.w. property Tine 8' mm. from utility lines min. 4 ft. from edge of pavement or curb when placed in an ingress / egress median Wall Mounted (front 1 sign per 1 1 s.f. per 1-1/2 x the Mounting height is 6" wall) business per length of wall Si'^/ is below roof at sign street frontaoe attached Ta location or 18 ft. with a max. of 2 max. height on up to signs per 2 story bldg. business Wall Mounted (Side 1 lesser of 50% of max. / Rear wall) area of front wall or 1 s.f. per 1-1/2 x the length of wall the sign is attached ~ Wall Mounted (Side 1 lesser of 25% of max. / Rear -residential area of front wall or 1 s.f. adjacent) per 1-1/2 x the length of wall the sia_ n is attached Wall Mountea shall not cover or partially cover a (overall) required wall opening Shall not project more than 18 i nches from the building Mounted flush with wall First floor location only 3' min. between wall signs Wall signs shall not exist with p rojecting siyns 60 Table 7-8 Permitted Business Signs (cont.) 1~ u Window Sign 1 per tenant, 1 lesser of 100 s.f. or 20 % none 5% max. of total glass area business, or bay of gross glass area allowed for name, hours, open/closed, credit cards 8 telephone numbers ......................... .................................................. . . .. .. 15% max. of glass area for goods and services Srgns must be permanent Paper, cardboard, etc. are prohibited Any sign one foot from window visible from outside is considered in calculation Glass doors are considered in calculation. May be integrated into another sign but cannot exceed permitted sire Sec. 7-7 Street numbers A. General. The regulations of this Section are as per Palm Beach County's Bureau of Safely Servic°s Regulations: t. Approved numerical and / or alphabetical addresses shall be posted for all new and existing buildings in such a fashion that it is plainly visible and legible from the street or roadway. 2. All address related numbers /letters shall be posted on contrasting backgrounds and cleany visible rrom the street. 3. All building numbers and / or letters shall be a minimum of six (6) inches in height. ~. Numerals shall be affixed at center or on either end of the building and clearly visible from the street. Multi-unit buildings, in addition, shall have numerical or letter unit designations clearly visible from the street. 5. All street numbers shall be a contrasting color wish the building or background field. B. rl7ulti-unit buildings, hvo stories and up. In multi-unit buildings, two stories and trp, directional unit identification signs shall be posted outside of each elevator and stairwell. This will apply only when there is an option for direction of travel. C. Additional posting. All multi-unit buildings that can be accessed from the rear, shall have the address and unit numbers posted at the rear of the building. When property layout, landscaping, or driveway design limps the visibility of the address, additional signs shall be posted to identify buildings or direction of travel to reach buildings. Sec. 7-8 Measurement determinations A. Facade area. The facade area shall be measured by determining the area within atwo-dimensional geometric figure coinciding with the edges of the walls, windows, doors, parapets, marquees, and roof slopes of greater than forty-five (45) degrees that form a side of a building or unit. B. Sign area. The area of a sign shall be the area within the smallest square, rectangle, parallelogram, triangle, circle or semicircle, the sides of which touch the extreme points or edges of the sign face. • 7. Compr~t~tion of sign area. a. The area of a sign permissible for each classification of sign, as herein set forth. shall include all areas of the sign containing informational and/or directional wording or symbols, and shall include 61 background area of the wording or symbols, as measured by inscribing a continuous line around all the letters or symbols contained thereon. • b. Sign area for signs not covered by sections herein and except as provided below shall be the area of each face of a sign including the area of the smallest circle, triangle or parallelogram which contains all content, background and structural elements of the sign. c. Where a sign is composed of letters attached directly to a facade, window, door, or marquee, and the letters are not enclosed by a border or trimming, the sign area shall be the area within the smallest rectangle, parallelogram, triangle, circle or semicircle, the sides of which touch the extreme points of the letters or pictures. 2. Exempted from computation of area of freestanding signs. The area of each face of a freestanding sign shall be computed as described herein except that individual support structures shall not be considered to be part of the sign if they: a. Support structures which are part of a decorative landscape wall or screen wall shall not be considered to be part of the sign: and b. Do not contain letters, symbols or other sign content. C. Numberofsigns. In general, the number of signs shall be the number ofnon-contiguous sign faces. Multiple non-contiguous sign faces maybe counted as a single sign if all the sign faces are included in the geometric figure used for determining the sign area. 1. Where two (2) sign faces are placed back to back in a single sign structure and are at no point more than three (3) feet apart, it shall be counted as one (1) sign. 2. If a sign has four (4) faces arranged in a square, rectangle or diamond, it shall be counted as two (2) signs, and shall be the areas of the two (2) largest faces. D. Sign height. The height of a sign shall be measured as the vertical distance from the finished grade, excluding berms, at the base of the supporting structure to the top of the sign, or its frame or supporting structure, whichever is higher. Sec. 7-9 Design, construction, and location standards A. !!lamination standards. 1. All signage less than ten (10) feet in height shall provide lighting that in no manner blinds or shines on adjacent vehicular or pedestrian circulation. 2. All wall-mounted signs over ten (10) feet in height shall be internally lit (if lighting is utilized). 3. Appropriate light shields shall be utilized to insure protection. 4. All illuminated signs shall be internally lighted and only by lights placed inside a cabinet sign with an opaque background and translucent copy; lights placed inside individual channel letters with a translucent face; or by "halo" lights placed behind individual reverse pan-channel letters. B. Placement standards. 1. Supports for signs or sign structures shall not be placed in, upon, or project over a public right-of-way or public easement. • 2. Sign or sign structures shall not be erected that impedes use of any fire escape, emergency exit, or standpipe. 62 3. AI! ground or freestanding signs shall be erected within landscaped areas. • a. Minimum distance from the edge of the landscaped area to the sign base shall be three (3) feet. b. The landscaping shall consist of shrubbery a minimum of thirty (30) inches high creating a hedge or individual shrubs of the same or varying species thirty (30) inches high spaced not more than eighteen (18) inches apart at their base. C. Clearance standards. All signs shall provide a minimum of nine (9) feet of vertical clearance over pedestrian ways and fourteen (14) feet over vehicular ways. Florida Department of Transportation (FDOT) standards shall control on all roadways. D. Relationship to building features. A wall sign shall not extend beyond any edge of the surface to which it is attached; disrupt a major architectural feature of the building; or project no more than eighteen (18) inches perpendicularly from the surface to which it is attached. E. Format for multiple occupancy complexes. A sign format or master signage program for wall signs to be placed on multiple occupancy complexes shall be approved by the Village priorto a wall sign being permitted to be constructed, altered or remodeled after the effective date of the NBOZ. As a minimum, the sign format shall specify the types, dimensions, placement, colors, and shape of the signs and the style of lettering which shall lend a unified appearance to the signs of the occupants in the complex. F. Signs required to be designed. The following signs shall be designed by aFlorida-registered architect, landscape architect, or engineer: 1. Wall signs that project perpendicularly from the surface to which it is attached and that are more than twelve (12) square feet in area; and 2. Ground signs of more than forty (40} square feet in area. Sec. 7-10 Exterior architectural lighting A. General The term "exterior lighting," as used in this section, shall mean any variety of lighting forming an integral part of a building. Such lighting shall meet the following requirements and shall be subject to final approval by the Village. B. Limitations. Exterior lighting shall not: 1. Flash, revolve, flutter or be animated; 2. Obstruct the vision of pedestrians. 3. Project into or over any public street right-of-way including the sidewalk; 4. Obstruct or interfere with any door, fire exit, stairway, ladder or opening intended to provide light, air, ingress or egress; 5. Constitute a traffic hazard or be a detriment to traffic safety. Sec.7-11 Definitions • A. Detinifions. The definitions set forth in this section shall be construed to be the same as if incorporated in the Village's development regulations. 63 1. Accessory sign. .A permanent ground or building wall sign that is permitted under this Article as incidental to an existing or proposed use of land. • 2. Advertising. Sign copy intended to directly or indirectly promote the sale or use of a product, service, commodity, entertainment, or real or personal property. 3. Advertising structure. Any structure installed for advertising purposes, with orwithout any advertisement display thereon, situated upon or attached to real property upon which any poster, bill, printing, painting, device or other advertisement of any kind whatsoever may be placed, posted, painted, tacked, nailed, or otherwise fastened, affixed or displayed; provided, however, that said term shall not include buildings. 4. Animated sign. A sign with action or motion using electrical energy, electronic or manufactured sources of supply, or wind actuated elements, including rotating, revolving or flashing signs. 5. Awning sign. A sign painted on, printed on or attached flat against the surface of the awning. An awning is comprised of a lightweight, rigid or retractable skeleton overwhich an approved cover is attached that provides weather protection, identity and/or decoration and is wholly supported by the building to which it is attached. 6. Background area of sign. The entire background area of a sign upon which copy could be placed. In computing the area of a sign background, only that face or faces which can be seen from any one direction at one time shall be counted. 7. Billboard (off-premises sign). A sign advertising an establishment, merchandise, service or entertainment, which is not sold, produced, manufactured or furnished at the property on which said sign is located. 8. Building facade. All windows, doors and wall areas of a building exterior in one place or elevation thereof. 9. Construction sign. A temporary sign, which identifies those engaged in construction on any building site, including the builder, contractor, developer, or otherpersons or artisans concerned in such construction. 10. Copy. The linguistic or graphic content of a sign. 11. Copy area of a sign. The actual area of the sign copy applied to any background. The copy area is computed by straight lines drawn closest to the copy extremity. 12. Development sign. A temporary sign advertising the sale or rental of structures under construction upon land, which has been legally assembled into one development location. 13, Directional sign. An on premises sign designed to guide or direct pedestrians or vehicular traffic. 14. Frontage. The length of the property line of any one parcel along the main street on which it borders. 15. Frontage street facade. That portion of an exterior elevation of a building extending from grade to the top of the parapet wall or eaves and the entire width of the building wall elevation which fronts on a street, unless such parapet wall or eaves shall be over thirty (30) feet high, in which case only the first thirty (30) feet shall be considered the frontage street facade for purposes of this Article. Only one street facade shall be designated as frontage street facade. 16. Ground sign. A sign that is supported by a three (3) foot high maximum base, independent of support by a building; sign and base shall be solid and uniform; shall generally have a columnar line; shall • essentially have the same contour (parallel) from grade to top of the sign; and shall be independent of any building for support 64 17. Height of a sign. The height of a sign shall be measured as the vertical distance from the finished grade, • excluding required berms, at the base of the supporting structure to the top of the sign, or its frame or supporting structure, whichever is higher. A berm exceeding three (3) feet in height shall be included in the overall measurement of the height of the sign. 18. Identification sign. A sign at a business location used to identify the name of the business located thereon and/or its principals and address. 19. Logo. Any symbol, trademark, picture or other graphic representation which is used to signify or identify the particular business or organization. 20. Monument sign. See "Ground sign." 21. Multiple occupancy complex. Any use consisting of a parcel of property, or parcel of contiguous properties, existing as a unified or coordinated project, with a building or buildings housing more than one occupant. 22. Neon tube sign. A sign electrically lighted by exposed tubes containing inert gas. 23. Nonconforming sign. A sign existing at the effective date of the adoption of this Article, which could not be built under the terms of this Article. 24. Occupant (occupancy). The use of a building or structure for commercial transactions. 25. Off-premise sign, A sign advertising an establishment, merchandise, service or entertainment, which is not sold, produced, manufactured or furnished at the property on which said sign is located. 26. Painted wall sign. A sign painted on a wall or on any other surface or part of a building or structure. 27. Parapet. That portion of the facade, which extends above the roofline. 28. Pole sign. A sign that is supported by one (1) column, upright, or brace in or upon the ground and which is not attached nor a part of the building. 29. Politics! sign. Any advertising sign used in connection with a local, state, or national election campaign. 30. Roof sign. Any outdoor advertising display sign, installed, constructed or maintained on or above the roof of any building. 31. Sign. An object or device which is designed, intended, used or located so as to be visible by the public from outdoors for the purpose of advertising the property, establishment or enterprise, including goods and services; upon which the sign is located. This definition shall include all parts, portions, frame, background, structure, support and anchorage thereof. 32. Snipe sign. Any sign of any size, made of any material, including paper, cardboard, wood and metal, when such sign is tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, fences or other objects, and the advertising matter appearing thereon is not applicable to the premises upon which said sign is located. 33. Temporary sign. A sign which is constructed of cloth, canvas, light, fabric, cardboard, wallboard, plywood, metal or plastic which is intended to be displayed for a limited period of time. • 34. Vehicular sign. A sign affixed to or painted on a transportation vehicle or trailer, for the purpose of business advertising; however, not to include signs affixed to vehicles or trailers for identification 65 purposes as required by town regulations. • 35. Wail sign. A sign displayed upon or attached to any part of the exterior of a building, including walls, windows, doors, parapets, awnings and roof slopes of forty-five (45) degrees or steeper. 36. Vtlindo~v sign. Any sign installed or maintained in the window of any building, visible from any public right-of-way. • 66 ARTICLE 8. SITE PLAN ELEMENTS • Sec. 8-I General design A_ S'ci~eeningofr-esrdenlial. Commercial and IVtixed-use sites abutting a residential zoning district shall provide screening consisting of the following: 1. An opaque concrete or masonry wall a minimum of six (6) .feet in height, 2. A buffer area of at least ten (10) feet, including the required opaque wall; and 3. Landscaping, as per the NBOZ. B. Scr•eeni`~g ref mechanical equi1Jn~ettl. A11 mechanical equipment shall be screened from public view. 2. Such screening may include an_y combination of landscaping and non-living opaque materials. >. If building materials are to be utilized for screening purposes, such. materials shall be consistent with the architectural design of the principal structure. 4. Screening shall extend at least one foot above the object to be screened. C. Illustrative site plan elements. Drawings found in Attachment A represent site plan elements that are appropriate and/or inappropriate for the NBOZ as per this Article. They are intended for illustrative purposes only, to guide the property owner and the Village through the design intent of the Overlay and are not to regulate or suggest specific architectural. design. Sec. 8-2 Building orientation and placement A. C.'orztinraity of desist. Buildings shall reflect a continuity of design within the NBOZ obtained by: 1. Maintaining the building scale or by gradual changes in form; 2. Maintaining designated building setbacks; 3. Extending horizontal. line of fenestration; and 4. The reflection of architectural styles and details, design themes, building materials and colors found. in surrounding buildings. • 67 • B. 13ui1ding mass irnpacls. Design techniques that lessen development. impacts along the corridor are encouraged. Such design techniques include the following: ] . Placing the structure perpendicular to the public right.-of--way; 2. Creating acourtyard/plaza effect between structures; 3. Opening up views between structures with greater setbacks; and 4. Provision. of wider landscape buffers along Northlake Boulevard. C. Corner lots. On corner lots at an intersection of two (2) or more arterial or major collector roads, buildings and structures shall be designed with additional architectural embellishments such. as towers, or other design features, to emphasize their locations as gateways and transition points within the community. D. Rrrilding c,~nvelope, hz~lk af~d setback req~~irenzea~l. 1n order to establish overall building envelope, bulk, and setback provisions within the NBOZ, the following regulations are established for the purposes of this section. Table 8-2 Proposed Setbacks 'L'est. Centn-1 maximum Building `' 40 feet ;5 feet Height (above grade) !~4inimum Front '`•' 2>' stmetwe'' 30' structure Setback 15' parking a 10' parking Rear 2U' strucfura ~ 25' structure Setback 10' perking ° IS parking Side 15' stricture e 20' stntdum Setback l U' parking r l U' parking Side Comer " ' 35' stricture ° X70' stricture Setback I S' parking" lU` parking l::ast R9arine a0 fe-et 40 fret 20' structure 20'stncchiraiaecessor~ use 10' parking lU' parking 15' structw'e 10' structure 10' parking ]0' parking 15' su-uctura 15' stn~cture 7' parking 7' parking 25' stru+ture 25' stnncture 10' parking 1 U' parking Notes: 1. Building height is dctined by the applicable building code. 2. If one-half (1/2 j the height oftlte proposed structure is greater than the nnimum srthack slto++'n, the greater number shall prevail. 3. 1P the minimum landscape buffer required (Sea 6-I 1.~1) is greater than the parking satback outlined above, the snore restrictive shall apply. A-ti. Indicate dimension locations on the diagrams found in Article F - aituchment A • E. Conrnzercial strip developme»t discuuragec~ Minimum lot sizes and linuted access drives shall be used to reduce the potential for commercial strip development. Neighboring properties are encouraged to link their parking Lots together and to share common driveways. F. Prohibited elements. The following elements are prohibited: 68 l . Chainlink fences in public view; C, 2. Unfinished concrete or concrete masonry walls excluding architectural concrete; 3. Artificial plants or turf; 4. Decorative or commercial display objects; 5. Visible neon; 6. Elements with highly reflective or bright colored surfaces; and 7. Other objects that are not consistent with the NBOZ design goals as per the Village. Sec. S-3 Off-street parking areas A Shared parkirl~. As part of an approval of a new or expanded use, new construction, substantial renovation, or alteration or expansion of an existing structure, the use of shared parking to reduce overall parking requirements is permitted. The criteria for approval of an application to establish shared parking includes the following factors: Use of a building or structure for two or more uses, which possess complementary, rather than competing, peak hours of usage. 2. Preparation of a shared parking study by a qualified professional engineer, architect, or planner. 3. Execution of an agreement, in a form acceptable to the Village, between. the owners and tenants of buildings or structures affected by the shared parking. This agreement shall provide: a. A means to re-address the shared parking in the event future parking problems or changes in use occur; b. A legal description of the land and structures affected; c. For a term of at least five (5) years; d. A site plan to indicate uses, hours of operation, parking, etc.; e. Assurance of the availability of all parking spaces affected by the agreement. • B. Offsile parkin. Offsite parking not included in a shared parking agreement is not permitted within the NBOZ. C. G•"crlet parkirr~g. The Village may authorize the use of valet parking for any use within the NBOZ subject to the following criteria. 69 • l . Valet parking shall not utilize more that. thirty percent (30%) of the onsite parking of a use providing such service. 2. A request to establish. valet parking shall. contain the following information: a. The location of the valet parking booth or area; b. The location and number of parking spaces to be utilized for valet parking; c. Evidence that the business owns the parking spaces proposed for valet use or a copy of any agreement, lease, etc. which provides the business with the right to use spaces owned by another individual or entity for valet parking; d. The impact of the valet parking service on users who do not patronize the service; e. The hours of operation; f. Location and text of any signage associated with the valet parking, spaces; and g. Buffering or screening that is necessary to mitigate any visual or noise-related impacts on any adjacent residential properties. D. Pedestrian circulation in parking. faci/ides. Parking facilities and driveways shall be designed to maximize the safety and convenience of pedestrians walking between parked cars and business entrances as well as between external points and locations on site delineated with special pavement. Pedestrian. walkways shall be integrated as follows: Lnto the interior and/or perimeter landscaping of parking lots; 2. Constructed with a specialty paving or similarly firm anal decorative surface; and 3. At least five (5) feet in width; and separated from vehicular and parking areas by grade, curbing and/or vegetation, except for necessary ramps. E. Leading, facilities. Loading spaces shall not be located within one hundred (1.00) feet of Northlake Boulevard or other public rights-of-«-ay, excluding alleys. ] . Loading docks, solid waste facilities, recycling facilities and other service areas shall be placed to the rear or side of buildings and screened from adjacent residential uses. 2. Screening and landscaping shall. prevent direct views of the loading areas and their approaches from adjacent properties or from the public right-of--way. a. Screening and landscaping shall also prevent spillover glare, noise, or exhaust fumes. b. Screening and buffering shall be achieved through walls, fences and landscaping anal shall be opaque and completely obscure the contents and facilities. c. Recesses in the building, or depressed access ramps may be used. • 3. Service access shall be behind the building or from secondary streets wherever possible, and screened from general view. 70 F. Dris°e-throrrgh.c. In the event that drive-throughs are permitted by use or as a conditional use, the Village shall review the site plan for the following minimum standards: • 1. Adequate stacking for six (6) vehicles per lane at twenty (20) feet per vehicle; 2. Proper ingress/egress to the facilities so as to preclude entering and exiting direct y from a public right-of--way; Adequate space for a by-pass lane; and 4. Any other design deemed appropriate by the Village. Sec. 8-4 Pedestrian amenities A_ Ge~ieral desi~rt. Uses shall contribute topedestrian-friendly focal spaces through the provision of aesthetic walking paths, pedestrian spaces with furnishings, public art., generous plantings, marked crosswalks, and vehicular- parking and circulation areas clearly separated from such pedestrian amenities. Sidewalks shall be of barrier-free design to the greatest extent possible. 2. Pedestrian circulation. systems shall include gathering/sitting areas. B. Wia'th and rncrtef•ia1s. Sidewalks shall be a minimum of five (5) feet in width and shall be constructed of stone, textured cement, concrete pavers, or brick. C. Pedestrians entrances. Major public entrances shall be located along Northlake Blvd. 2. A clearly designated pedestrian walkway and similar pedestrian-oriented facilities shall be provided from public sidewalks to public entrance or walkways within a commercial site, as well as between abutting commercial properties. Sec. 8-5 Site and street furniture A. Is;Yterior Iightirzg. All fixtures used for exterior lighting (building and site) are to be selected for functional and aesthetic value. Decorative pedestrian-scale lighting shall be provided at a height of no more than ten (10) feet with standards constructed from steel, cast iron, aluminum or spun concrete. Lighting standards shall be of a consistent architectural style and shall complement the predominant architectural theme. • 71 B. .Street f7.lYl7ll7lYE.'. Additional amenities such as drinking fountains, benches and shelters or kiosks shall be provided and supplemented with open spaces. • C. Durr7pstersa~zcl sin7ilar cot7tai~7ers. Dumpsters and similar containers, including recycling bins, compactors, etc., shall be screened in a manner consistent with the following: Similar containers shall be located only at the rear of a building or structure. 2. Enclosures shall be constructed in a manner consistent with. the architectural style, color, materials, etc., of the principal. building, and shall screen the dumpsters on all four (4) sides of the enclosure from public view. a. An opaque concrete wall or similar material shall screen both sides and the rear of such facilities. b. The front of a screen enclosure shall be gated and shall. consist of durable opaque materials consistent with the overall design. of the project. c. Dependent upon the location of an enclosure on the site, landscaping may be required in addition to the opaque screening material. Alter77~tive d7rmpste~- locatior. When it is not possible to locate the enclosure in the rear ofthe site, the dumpster shall be enclosed by landscaping to the greatest extent possible. 4. Access to the dumpster should be provided from a secondary street. Enclosures are to be designed to provide space to accommodate recycling bins. D. Sicle~rallcs. Sidewalks shall be provided along all roadways on both sides of the street. At corners handicapped ramps shall be provided and sidewalks shall continue across driveway and parking lot surfaces using decorative paving materials to delineate crosswalks. All new construction or substantial renovation of existing buildings and structures shall include one (1) or more clearly delineated walkv~~ays from the public sidewalk to the private sidewalk, arcade, pedestrian way, etc. Examples of other complementary materials include the following: Paver blocks or alternative style or color: New and used brick; and 3. Concrete stamped with a pattern. E. Retaining walls. Retaining walls shall. be constructed as necessary, provided such walls are constructed utilizing the same architectural style, materials, and color of the principle structure. F. Alley screening walls. All new construction or substantial renovation of existing buildings and structures shall construct or reconstruct a solid masonry or concrete wall a minimum of six (6) • feet in height. 72 1. The wall shall be located along the rear property line of the parcel being improved. • 2. Chain. link and wooden fences are prohibited. 3. Properties within the Marine District of the NBOZ are exempt from this requirement. G. Under~rora~ci' r~zilities. The ~~illage may require existing overhead utilities to be placed underground when located on properties subject to new construction or substantial renovation. H. ,S'hoppinR carts. If a use requires shopping carts, they shall not be allowed to accumulate in any outside area including parking lots and loading areas, and shall be removed from cart corrals in a timely manner and relocated to designated storage areas near the principle structure. [. Nl~ilhoxes~. Mailboxes, including special drop box. es, may be clustered within buildings, grouped under a kiosk, or individually freestanding. In all cases the design and installation of mailboxes shall. comply with the following standards: 1. The Village and the U.S. Postal Service shall approve the size, type, and location. of mailboxes. 2. 1Vlailboxes shall be landscaped consistent with and architecturally compatible to the development. J. Satel/.itc dishes. Satellite dishes may be installed provided the dishes are not visible from any street, and the color is compatible with the surrounding environment. Plans for the installation of communicationeguipment, such as dishes and antennas, shall be submitted for review during the planning phase of a project. K. l elc~phone.5•, venc7irr~~ nrachir~es, anc+' newspaper racks. All public telephones, vending machines, newspaper racks, and facilities dispensing merchandise or services on private property shall be enclosed within a building, enclosed within a structure, attached to a building, or enclosed in a separate area. 1. Attached and freestanding structures shall be landscaped consistent with and architecturally compatible with the principal structure. 2. Public telephones. ~~all-mounted and freestanding public telephones visible from a public right-of--way shall be fully or partially enclosed. 3. Vending Machines. • a. Vending machines dispensing beverages, food, ice, and related consumer products shall. not be visible from a public right-of--way. 73 b. Vending machines may be located in outdoor enclosures, provided such enclosures • are constructed utilizing the same architectural style, materials, and colors as the principal structure. • 74 Attachment SA - Lllustrative Site Plan Elements Sec. 8-1 General design C'. 11lr~sti•alive site plan elen:erits. Dra~~%ings li~und in Attachment A represent. site pl~u~ elements that are appropriate andlor • inappropriate for the NF307 as per this Article. They a~~e intended fur illustrative purposes only, to guide the propcri~ o~~ner and Village through the design intent of the Overlay and are not to regulate or suggest. specific architectural desi~i. Sec. S-2 Building orientation and placement 13. Building mns.s impacts. Design. teclvliques that lessen development. impacts along the corridor are encouraged. Such design techniques include the following: 1. Placing the structure perpendicular to the. public right-ol'-way; ~.... ~ ._ ~ w..•~ :... ..} ~ ~ i 'a' At,..., s. '~ S ~ ~ j,C '~41HI51Mtlb J . # y 1-- t 3~~....~....~. .I ~ ~,~,..A. Appropriate .,• -.~~ `~~~r 2. Creating a courtytUd/plaza effect bet«~ean structures; • ...~- ~~ ! ~ x 3 °' t ~ p +~t s~ t, . t t~ t . 6 (. 1 d _.. ... ~... -,.,..._ ..............c,.. Appropriate 3. Opening up views beta-een structures with greater setbacks; and '-._" iS- lyy ~ .r 1 i x M1 ww~~ ~ {. '~^ ' ~ i j S i't . Appropriate • ~ ~~~ _,-~ __"may t i F ~~... ,A 4F +na~atwV ~i Z ¢y& ~ _.. ~ i ;. Inappro~ria~ 's 1 i °~+b i { •,•.. i r t { ,,..k ~ 1 6 f i .~ .. _. ~~ ~ ._.... .l _.__.-.w -~ m ~.. _. ,...~.., Inappropriate ~~~"' r ~ i ~ i ., ~ ~. 5 t e r 3~ 1 Inappropriate 75 4. Provision ufwider landscape butlers along Nurthlake Boulevard. > t ....~ ,.. .,i t 6 F 4 R f Y" y~~. 4' ~' t ! I ~.R t4 1 k ~ ! a .. `:~ ~ k yew' f ~ .o yam,,.,. _. -. _~ ~ t Appropriate ~._M___,.,... _ _...,,~__...n.._ _, ,__ ~.. ,. :. ~mre-aaovo 2 ~~ i 3 ' ~ ` ~._~..~, :. '~' e~~i'sa ~~asm I y 1 t > p 4 f .1 ~! -Y 9...__ Inappropriate A. Corner lots. On u>rner lots at an intersection of two (2;1 or more arterial or major collector roads; buildings and struu(ures shall he designed s.;pith additional architectural embellishments such as towers, or other design features, to emphasize their locations aS gale~a~ays and transition points w-ithin the e;ommunity. .~. ~ . $ } t 6 ~ ~ ~~ Y t- ~ 1 ~.--~s 5 ~ J `t t 7 s ,a..~...,y i t s. :~ Y ~, . ,. a . ,}... _._. '~ ,::~ ' ~~~~ ~l~i Appropriate ~~a~x~v~ ,~ ,~._' m,._..4 Inappropriate B. Barildirrg envelope, hulk and .setbnek requirement. In order to establish ovorall building envelope, bulk, atui setback provisions within the NI301; the following regulations are established for the purposes of this section. 76 • ~fa~iutum Buiidiug " I1Nigl~t (,fbove glade) h4inimum Front "z' Setback Kzvr Setback Side Setback Table 8-2 Proposed Setbacks ~'~'est Central 4U ]cat `5 Izal 25' stnitturc'A ] 5' parking ° 2U' stnu-turc ` 10' parking 15' structura 1 U' parking ` 30' structure ]U' parking 2S' struc-IUre 1 ~' pcfrking 2U' structure 1 U' parking Side Corner ~Z'' 35' structure ° 40' structura Setback 1>' parking ° IU' parking Fast Marine 40 Iecl 40 tecl 20' stnfctura 20'strudureiaccessorY use 1 U' parking 1 U' parking 1>' stnfeture ] U' structure lU'parking 10' parking 15' stnfchfre 15' st.nfcKUra 7' parking 7' parking 2>' struehire 25' structure 10' parking I U' parking Notes: 1. Fiuildiug height is iklincl by the applicable building cute. 2. l:f' one-half (112) 4~e haigttt of the proposed structure is greater than the minimum setback shot~Ti, the greater number shall prevail. 3. If the minimtun landscape huller required (ties. 4-1l.t1) is greater than the parking setback <tutlined above, the more restrictive shall apply. A-H. ]ndicate dimension locations on the diagrams titund in Article 6 - Aitcrchnfent A E G ~...~.~ i' t t 1 F .... ~,.„f 1 ........t ti ~ •~. t • C'. C'on:ne~rcurl steep development discouraged. Miiumttm lot. sizes and limited access drives shall he used to reduce the potential for cornmer~cial strip development. Neighboring properties are encouraged to lint: their parking lots together and to share conunon dr-ivewavs. 77 • .,_. psw-..y.;n,,.~ ~ __$ ~. t i ~ ~w~•~~~+-r -a-~~"y^t ma'y'" ~,.~°, ; { ~. i W ~. .. h.~ ' 1 ~ ~;-+t..u5sta,~vdi, ~ e : - 3 . ~ ~ ,~. L .#t.LCr .K ~r ' , .¢-,...,~.~wa.»!~' ~' r ...._ ~..,. 3 r _ .__ ._ ~ - r j ~ i EI . z 9 P .t ~~ _r ~~ A r i ~' ~ - t J.... _... ~ ~ --~ r r} t ' I - .a _ _ ~ . <.~ , . .. ~ . ~ ..............~ .._... t , ~..... -.-~ ... 6 i,__.- i Inappropriate ,._ ~__ .........._. ~.~.__ ,_ ?' _..,._ , .......,._ _ ......~.. . _..t . _ ~ __.__ ,_ _-._ .. __.._ -~ r f ~} ~„ ~p ~tm '1r Y i t i ~ t .sue .,z,^.~ yn .~J } '.T aYvrfk %tE+e.~,NSC w~,~, _.. ,a•~i+"a.^-, ~yqq' i - ~ yS~ ' ®t t t~ s ~ t .,jsa~v,.-4~~° i +wc~~~. ~ ~ ~~ S ~! i _ ~ ~ q+sea..+e~:e+Vrsv•k ~ ~ dM ~ aN. R f _ p I ,-..., r ? ~ r i ti ~ ...J , _..E.. _. ._ .. _. -. ta ..,-i .. _ i _ _.-, ._.- ,.,_..,-_.-S Appropriate • Sec. 8-4 Pedestrian amenities !~_ General desi,2n. Uses shall contribute to pedestrian-friendly fecal spaces through the provision of aesthetic walking paths, pedestrian spaces ~,viU1 furnishings, public art, generous plantings, marked cross«~alks, and vehicul~ir parking and circulation areas clearly seprrratcd from such pedestrian amenities. 1. Sidewalks shall be of ban-ier-free design to the greatest extent. possible. 2. Eedestrian circulation systems shall include gathering/sitting areas. Landscaping Tables da. n4 ._ a w,._..._._;.,,__._,__. ' p Appropriate x , Entry i S ~ ~._.. ( E i y 1 t t - _ t I ~ , i ~ _T~ ~. ~-j---•-•---... Inappropriate ~8 Section 2. 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 3. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 4. This Ordinance shall take effect immediately upon passage. • PLACED ON FIRST PUBLIC HEARING THIS 13th DAY OF FEBRUARY , 2003• PLACED ON FIRST READING THIS 13th DAY OF FEBRUARY , 2003. PLACED ON SECOND PUBLIC HEARING THIS 27th DAY OF FEBRUARY , 2003. PLACED ON SECOND, FINAL READING AND PASSED THIS 27th DAY OF FEBRUARY 2003 `~~~~~~1f~ X17 ~r/~f~/~/f~~ P F.PPt'tPrl PtP (~~ 'fie ~ `~ '~(UILLAGE S'Fk ,~.) ~ Pt Y. V ~'~/~~ OPr~PPU PPP f`~r \\~\`t~ AT`F~~S~riii~iit~~`~'°`\ VII..LAGE CLERK ~ '•,ordinance~:`BOZ-Ordinance 79