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Ordinance 169 Reclassifying Zone C-A ORDINANCE N0. 169-67 AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ORDINANCE N0. 20, AS HERETOFORE AMENDED, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE OF SAID VILLAGE, BY CREATING NEW ZONE C-A COMMERCIAL DISTRICT AND BY REMOVING CERTAIN PROPERTY FROM THE C-1-A LIMITED COMMERCIAL DISTRICT AND RECLASSIFYING SAID PROPERTY AS C-A COMMERCIAL DISTRICT; BY DIRECTING THE VILLAGE CLERK TO BRING THE OFFICIAL ZONING MAP UP TO DATE; BY PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT HEREWITH AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. Ordinance No. 20 of the Village of North Palm Beach as amended, is hereby further amended in Section 3 thereof. by adding an additional zoning dis- trict to be entitled C-A by inserting the words "C-A - Commercial District" be- tween the designations of C-lA - Limited Corrunercial District and C-1 - Neighborhood Commercial District, in said Section 3. Section 2. Ordinance No. 20 of the Village of North Palm Beach, a.s n amended, is hereby further amended by adding thereto, Section 17, to read a.s follows: "SECTION 17. C-A COMMERCIAL DISTRICT: A. GENERAL DESCRIPTION: This tourist-commercial district is established to provide areas within r~ U which the principal use of land is devoted to commercial establishments and tourist oriented trade. The intent is to reserve lands which, because of particular location and natural features, are a.dapted'to local and tourist uses, and to encourage the development of these locations for such uses and in such a manner as to mini- mize traffic hazards and interference with other land uses. B. USES PERMITTED: The following uses shall be permitted in the C-A Commercial District: 1. Hotels and motels. 2. Restaurants and cocktail lounges where food and drink may be consumed on the premises only and where eating and serving areas are entirely contained _ within the building -- not including drive-in hamburger, ice cream, soft drink, or other drive-in and/or carry-out eating establishments. 3. Golf clubs and their accessory uses -- such a.s restaruant, ba.r-cocktail }pinges, driuing ranges and golf equipment stores. 4. Financial institutions. 5. Professional offices, studios and clinics. 6. Private clubs and lodges. Ordinance No. 169-67 Page two ' 7. Veterinary establishments, provided that all animals shall be kept inside soundproof and air-conditioned buildings; provided there are no animal cemetexies used in connection therewith. 8. Funeral homes; provided that no process for the disposal of bodies ' is used in connection therewith, including cremation. 9. Churches and/or auditoriums. 10. Personal service establishments, such as barber shops, beauty shops, health salons. • 11. Utility company offices. _ -- 12. Florist shops..- 13. Clothing stores. 14. Stationery stores, book stores and/or a.rt supply shops. 15. Pharmacies or apothecaries. - 16. Photographic studios and camera shops. 17. Bakery shops, where products are sold at retail only. 18. Sporting goods stores. 19. Personal gift shops. _- ' 20. Jewelry stores. 21. Marinas and their accessory uses, such a.s wet boat storage facilities, gasoline supplies, minor repair facilities that are incidental to wet boaa storage -- and do not involve large boats and/or engine overhaul. C. CONDITIONS FOR PERMITTED USES: 1. All activities .(except golf clubs, swimming pools and wet boat storage) sales and storage of goods must be conducted entirely within completely enclosed buildings with permanent non-moving outside walls. -- 2. No outside sidewalk or parking lot storage or display of merchandise - will be permitted. 3. No manufacturing, or production of products for retail or wholesale will be permitted except for bakeries and their related retail sales items. ' D. BUILDING HEIGHT REGULATIONS: No building or structure shall exceed four (4) stories or forty-four (44) feet. Elevator towers and mechanical apparatus a.re not restricted to the forty-four (~F4) foot limit. E. BUILDING SITE AREA REGULATIONS: Minimum Building Lot Size 1. The minimum lot of building site area for each commercial building C~ Ordinance No. 169-67 Page three shall be 16,000 square feet and have a width of not less than 80 feet measured at the front and rear lot lines and a,t the front building line. Maximum Lot Coverage 2. Main and accessory buildings shall cover no more than thirty-five per cent (35go) of the total lot area. Minimum Lot Coverage 3. No main and accessory buildings shall be constructed that would occupy less than ten per cent (10~ of the total lot area, or 2,000 square feet, whichever is greater. F. YARDS FRONT YARi1S All buildings facing U. S. 1 shall set back from the right-of-wa.y 7 to provide a. front yard of not less than seventy (70) feet. All buildings shall set ba.ek from the right-of-wa.y of streets which intersect with U. S. 1 providing a yard of not less than twenty-five (25).feet. SIDE YARDS All buildings less than twenty-five (25) feet in height or two stories in height shall set back from side lot lines so as to provide side yards of not less than twenty (20) feet. A11 buildings three stories in height shall set back from side lot lines so as to provide side yards of not less than twenty-five (25) feet. A11 buildings four stories in height shall set back from side lot lines so as to provide side yards of not less than thirty (30) feet. REAR YARD All buildings less than twenty-five (25) feet in height or two stories in height shall be set back from the rear lot line so a.s to provide a rear yard of not less than thirty (30) feet. All buildings three stories in height shall set back from the rear lot line so as to provide a rear yard of not less than thirty-five (35) feet. All buildings four stories in height shall set back from the rear lot line so as to provide a. rear yard of not less than forty (40)feet. G. OPF-STREET PARKING AND LOADING REGULATIONS: 1. Off-street parking shall be either on the same lot or within two hundred (200) feet of the building it is intended to serve measured from the nearest point of the building to the nearest point of the off-street parking lot, without crossing any major thoroughfare. 3. Off-street parking existing at the effective date of these regulations 4. Two or more buildings or uses may collectively provide the re- 5. The required off-street parking shall be for occupants, employees, Ordinance No. 169-67 Page four be changed to any other use unless and until equal facilities. are provided else- 2. Any area once designated as required off-street parking shall not where. in connection with the operation of an existing building or use shall not be re- duced to an amount less than hereinafter required for a similar new building or use. quired off-street parking in which case the required number of parking spaces shall be not less than the sum of the requirements for the several individual uses com= puted separately. visitors, patrons and shall be limited in use to motor vehicles. The storage of merchandise, motor vehicles. for sale, or the repair of vehicles is prohibited. TABLE OF PARKING SPACES REQUIRED Uses Banks, business or professional offices excluding doctors and dentists. Parking Spaces Required One (1) per three hundred (300) square feet of usable floor area, plus one (1) per each three employees. lJ ii C Barber shop or beauty shop Churches Country Club Restaurants and cocktail lounges where food and drink ma.y be consumed on the premises only and where eating and serving area; are entirely contained within the building not including drive-in hamburger, ice cream, soft drink, or other drive-in and/or carry-out eating establishments. Hotels, motels and tourist courts. Marina, Two (2) per barber or three (3) per beautician based on the design capacity of the structure. One (1) per four (4) seats; or one (1) per thirty (30) sgua.re feet of usable floor area of auditorium, whichever is greater. One (1) per five (5) members. One space for each 100 square feet of area devoted to patron use or one (1) space per three (3) fixed seats, whichever is greater. Three spaces plus an additional space for each guest bedroom plus an additional space for each 15 rooms or portions thereof. For example, a. fifteen room motel would need 19 parking spaces. Two (2) for each three (3) boat mooring or storage space,_ boat for rent, as based on the design capacity of the facility. If public boat launching facilities are provided, the parking spaces shall be increased fifty (50) per cent of that number a.s com- puted above. C, J Ordinance No. 169-67 Page five Uses Parking Spaces Required Medical and dental clinics; Five spaces per doctor or dentist _ doctors and dentists offices _ based on the maximum design capacity of the facility or five_spaces for every 400 square feet of usable floor space, whichever is greater. _ Mortuaries or funeral parlors. Five (5) spaces per parlor or chapel ' unit, or one (1) per four (4) seats, whichever is greater. Private clubs, lodge or Union One (1) per three (3) members based headquarters on the maximum design capacity of the facility. • Retail stores, and personal One (1) per hundred (100) square __ service establishments except feet of retail floor space. as otherwise specified herein - Shopping centers containing There shall be a ratio of four (4) 5 or more stores, or 15,000 square feet of parking (including square feet of building driveways required for ingress and egress and circulation) to each one (1) square foot of retail floor space. Auditoriums and places of One (1) per three (3) people based assembly without fixed-seats on the maximum design capacity of the structure. _ _- Veterinary establishment - Five (5) spaces per veteri.na.rian --- based on the maximum design capacity of the facility or five (5) spaces for every four hundred (400) square ' feet of usable floor space, which- ever is greater. H. OFF-STREET PARKING LOT LAYOUT, CONSTRUCTION AND MAINTENANCE _ Whenever the required off-street parking requires the building of a. parking lot, and wherever a parking lot is built, such parking lot shall be laid out, con- structed and maintained in accordance with the following regulations: - 1. Each parking space shall be not less than two hundred (200) square _ feet in area, and shall be a. definitely designated and marked stall adequate for _ one motor vehicle. - 2. All areas devoted to permanent off-street parking as required under this section shall be built in accordance with specifications for streets and parking of the Village of North Palm Beach and maintained in such a manner that no dust will result from continuous use. 3. The parking lot shall be drained to eliminate surface water. 4. Where the parking lot abuts a Residential District which has common frontage in the same block with the parking lot, there shall be established a. set - back line twenty-five (25) feet from the street lot line for the first twenty-five (25) feet from the Residential Zone. 5. Plans for the layout of a parking lot must be approved by the Village Engineer based on design standards approved by the Institute of Traffic Engineers.- _ • 6. The parking lot shall not have access from a. more restrictive zoning district. 7. No parking shall be permitted in the first ten (10) feet of the required Ordinance No. 169-67 Page six ' front yard depth, measured from the front property line or the first ten feet of a side or rear yard when the side or rear yard abuts a. residential zoning district, except a.s modified in Paragraph 4 above. 8. Clearly defined driveways entering on U. S. 1 shall be constructed ' using a. raised curb of at least six (6) inches in height to delineate the drive- ways. All streets intersecting with U. S. 1 currently designed driveways shall be constructed using both concrete button markers of at least four (4) inches in height placed twenty-four (24) inches apart to delineate the driveways. Such drive- . ways shall have separate ingress and egress lanes not to exceed twenty (20) feet in width, exclusive of curb returns. The ingress and egress driveways shall be separated by a six (6) inch raised curb island of not less than three (3) feet in width and ten (10) feet in depth back from the right-of-way. Driveways for two adjacent, separately owned parcels. may be located on their joint property line. In all cases driveways ma.y not be located closer than forty (CFO) feet to an intersection. Except in cases where driveways are located on joint property lines, all driveways must be not less than twenty-five (25) feet from the a.dja.cent property line. Only one such combined driveway shall be permitted for each lot with a. width of one hundred (100) feet or less. 9. The rear yard of all lots in the C-A District shall be designed and improved to facilitate loading and unloading. There shall be adequate space for standing, loading and unloading services to avoid undue interference with public use of streets or alleys. I. LANDSCAPING: • In order to provide the Village, the shopper, and the commercial building owners with an inviting, pleasing and safe atmosphere for business, the following landscape feaaures are required. 1. A11 front and side yard areas not required for parking, sidewalks ' and/or driveways shall be planted in grass or shrubs. 2. For each ten (10) parking spaces, a curbed area of ten (10) feet by ten (10) feet shall be reserved for a tree of the palm species. Trees of not less than fifteen (15) feet in height shall be planted in each reserved area. 3. No shrub or hedge shall be planted which will interfere with proper sight distance near driveway or entrance. The maximum height shall be 24'~ within twenty (20) feet of driveway. J. ARCHITECTURE. • To provide the Village with harmonious development, but without undue restriction, the following features are required- Ordinance No. 169-67 Page seven 1. A11 building fronts and sides must be completely enclosed except for necessary doorways for ingress and egress 2. No canopies a.re permitted unless constructed of metal, or other u permanent materials and are installed parallel to the store front sidewalks not less than nine (9) feet above the sidewalk. K. SIGNS: The following on-site signs are permitted in the C-A Commercial District: 1. Ground signs -- supported by uprights placed upon the ground but not attached to any building. 2. Wall signs -- flat signs attached to the front or side of buildings and not extending more than twelve (12) inches from the building wall surface. 3. Temporary signs. Location of Ground Signs No ground or temporary sign may be located closer than forty (CFO) feet from any right-of-way._ No ground sign shall be erected whose total height is greater than twenty (20) feet above the level of the street upon which the sign faces. Ground signs shall have an open space of not less than five (5) feet below the base line of said sign and. ground level. Areas of Ground Signs Ground signs may not exceed fifty (50) square feet of area exclusive r_ of supports for lots of one hundred (100) feet or less in width, and may be in- creased in area, by five (5) square feet for each additional twenty (20) feet of lot width up to a, maximum of seventy-five (75) square feet of area. There ma.y be not more than one (1) ground sign for each eighty (80) feet of street frontage. Wall Signs Wall signs may be erected on front building walls or on the front 1/2 of side walls. Said signs must be placed so that the lower edge of the sign is more than ten (10) feet above ground level and the upper edge not more than six- to@n (16) feet above ground level. The area of wall signs shall not exceed the ratio of 1/2 square foot of area for each linear foot of building frontage with a. maximum of one hundred (100) square feet of wall sign area. per building. n L~ r~ ~. 1 f] Ordinance No. 169-67 Page eight Temporarv Signs No temporary sign shall be erected whose total height shall exceed ten (10) feet or exceed thrity-five (35) square feet. Said temporary sign may only be used during construction to inform the public regarding the owner, builder, a.rchi- tact, etc., or pertaining to the business conducted on the site. Temporary signs shall not be used for longer than a period of six months. ---=- One sign of not more than ten (10) square feet in area may advertise the sale, rental or lease of the premises upon which said sign is located. General Sign Regulations No cloth, plastic or similar banners may be erected in the C-A District. --- Only the advertising face of permitted signs shall be illuminated by either direct or internal lighting. Support structure ma.y not be purposely illumi- nated by internal or external lighting. The following are prohibited in the C-A Commercial District: Lighting of signs by flashing or intermittent illumination; rotating, revolving, oscillating or moving signs the use of neon tubes or other illuminating - devices to outline part or all of a building. Motor vehicles with advertising devices or signs attached or painted thereon shall not remain on one parcel of land for more than twenty-four hours. No sign shall be erected or maintained at any location where by reason of its position, wording, illumination, size, shape, or color it ma,y obstruct, impair, obscure, interfere with the view of, or be confused with, any authorized traffic -_ control sign, signal, or device. No sign shall contain or make use of any word, phrase, symbol, shape, form, or chara.eter in such manner as to interfere with, mislead, or confuse traffic. All definitions, permit data, construction, erection and liability re- quirements shall be in accordance with Ordinance No. 33. ____ In any case of conflict between this ordinance and Ordinance No. 33, the stricter requirement shall be complied with. All signs erected in C-A Zone that do not conform to the terms of this ordinance shall conform within seven (7) years from date or be removed from the - premises. _ Section 3. Should any section, clause or provision of this ordinance be - declared by the court to be invalid, the same shall not affect the validity of the ordinance as a. whole or any part thereof, other than the part so declared to be -_ invalid. LEI Ordinance No. 169-67 Page nine Section 4. .Ordinance, No. 20, as amended, be and the same is hereby further amended as follows: The following described property is hereby removed from the zoning classi- a fication of C-1-A Limited Commercial District, to-cvit: All lots bordering on U. S. Highcaay No. 1 lying North of the Earma.n River and South of the North Palm Beach Country Club on the West and Yacht Club Drive on the East (except Lot 1, Plat of Marina Addition, and except publicly owned property) more particularly described on -- Exhibit A attached hereto and by reference made a. part hereof; Said land shall henceforth be classified C-A Commercial District. Section 5. The Village Clerk is hereby authorized and directed to re- fleet upon the official zoning map by hatching or other appropriate means of designa- Lion, the changes in zoning classification effected under this amending ordinance. Section 6. That all ordinances or parts of ordinances in conflict herecaith be and they are hereby repealed. Section 7. That this ordinance shall take effect upon its passage and n 0 approval as provided by law._ PLACED ON FIRST READING THIS 28TH DAY OF NOVEMBER, 1967. PLACED ON PUBLIC HEARING THIS 18TH DAY OF DECEMBER, 1967. -_ PLACED ON SECOND, FINAL READING AND PASSAGE THIS 19TH DAY OF DECEMBER, 1967. /s/ Thomas F. Lewis MAYOR ATTEST: /s/ Dolores R. Walker Village Clerk - EXHIBIT A ~J J n 0 Lot 1, Block 3, Plai: 1 Lot 1, Block 1, Plat 1 Lots 11 through 17 anclusive, Block 8, Plat 1 Lots A, B. C, D, E, F, G, H and J, Block 9, Plat 1, including two un-numbered lots on the northwest corner of Ebbtide Drive and U. S. Highway No. 1. Lots 1 through 16, inclusive, Block 1, Country Club Addition Lot 13, Block 7, Country Club Addition Lots 1 through 15, Block 70, Yacht Club Addition Lots 1 through 15, Block 71, Yacht Club Addition Lots 1 through 6, Block 72, Yacht Club Addition Lots 1 and 2, Block 73, Yacht Club Addition A11 of those lots and Parcels A, B and C, facing U. S. Highway No. 1 in the plat of Village East extending from the north boundary of Canal C-17 right-of-way, extending northward to the south boundary of Lot 1, Block 73 of the p1a.t known as Yacht Club Addition. This area, formerly known as a part of the plait of Palm Beach-Lake Worth Estates.