2010-21 Establishing Standards for Undeveloped & Formerly Developed Vacant LotsORDINANCE N0.2010-21
•
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA RELATING TO THE MAINTENANCE
OF VACANT LOTS; AMENDING ARTICLE IV, "ABATEMENT OF PUBLIC
NUISANCES ON PRIVATE PROPERTY," OF CHAPTER 14, "HEALTH AND
SANITATION," OF THE VILLAGE CODE OF ORDINANCES BY
AMENDING SECTION 14-80, "USES OR ACTIVITIES CONSTITUTING A
PUBLIC NUISANCE," TO LIMIT THE GROWTH OF WEEDS, GRASS AND
SIMILAR GROUND COVER ON BOTH IMPROVED AND UNIMPROVED
LOTS TO TWELVE INCHES; AMENDING ARTICLE I, "IN GENERAL," OF
CHAPTER 15, "HOUSING," OF THE VILLAGE CODE OF ORDINANCES
BY AMENDING SECTION 15-2, "AMENDMENTS," TO PROVIDE A
CONSISTENT STANDARD FOR THE GROWTH OF GRASS -AND BRUSH
AND TO PROVIDE REGULATIONS FOR. THE MAINTENANCE OF
UNDEVELOPED PROPERTIES; AMENDING ARTICLE I, "IN GENERAL,"
OF APPENDIX C (CHAPTER 45) OF THE VILLAGE CODE OF
ORDINANCES BY AMENDING SECTION 45-2, "DEFINITIONS," TO
PROVIDE ADDITIONAL DEFINITIONS RELATIIdTG TO ACCESSORY A1~TD
PRINCIPAL USES, BUILDINGS AND STRUCTURES; AMENDING
ARTICLE III, "DISTRICT REGULATIONS," OF APPENDIX C (CHAPTER 45)
OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 45-36,
"GENERAL PROVISIONS," TO ALLOW NON-OPAQUE FENCES TO
RESTRICT ACCESS TO WATERBODIES FROM VACANT LOTS AND TO
PROVIDE STANDARDS FOR FORMERLY DEVELOPED VACANT LOTS;
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village Council wishes to implement standards for the maintenance of
vegetation on vacant lots and ensure that the provisions of the Village Code are internally
consistent; and
WHEREAS, due to the current economic conditions, many formerly developed lots
remain vacant for an extended period of time and the Village Council wishes to implement
standards for the continued maintenance, condition and use of such residential and commercial
lots within the Village; and
WHEREAS, having considered the recommendations of the Planning Commission, the
Village Council determines that the adoption of such standards is in the best interests of the
public health, safety and welfare of Village residents and property owners.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
•
Page 1 of 7
Section 1. The foregoing `whereas" clauses are hereby ratified as true and are incorporated herein.
• Section 2. The Village Council hereby amends Article IV, "Abatement of Public Nuisances
on Private Property," of Chapter 14, "Health and Sanitation," of the Village Code of Ordinances
by amending Section 14-80 to read as follows (additional language underlined and deleted
language ~+,.;^,~°., +~,,.,,,,,.~,);
Sec. 14-80. Uses or activities constituting a public nuisance.
The following uses or activities upon any improved or vacant parcel, lot,
tract, land or premises within the village shall constitute a public nuisance and a
violation of this code, subject to the nuisance abatement procedures set forth in
this article and all other methods of code enforcement available to the village,
including, but not limited to code enforcement proceedings and injunctive relief:
(1) The condition of ill repair or lack of maintenance of any real property such
that the condition is deemed unsafe or creates a health, sanitation, or safety
hazard, including, but not limited to, the harboring of rats, snakes and
other vermin or the pooling of water that may serve as breeding grounds
for insects and other disease vectors;
(2) The growth of weeds, grass, or other similar ground cover which exceeds
twelve (12) inches in height for an improved and unimproved lots1 ~
°~^''*°°^ ~' Q' ~^^''°° ~^ ''°~^'~* ~ ~ ~* '^*, or the uncontrolled growth
of vegetation which fails to present a healthy appearance; or
(3) The presence, accumulation, storage, or otherwise keeping of debris or
any abandoned, discarded, or unused personal property when not
completely enclosed in a structure and visible at ground level from
adjoining properties or public rights-of--way.
Section 3. The Village Council hereby amends Article I, "In General," of Chapter 15,
"Housing," of the Village Code of Ordinances by amending Section 15-2 to read as follows
(additional language underlined and deleted language s~lom~e~tgl~):
Sec. 15-2. Same--Amendments.
The following amendments and additions are hereby made to the housing
code adopted by section 15-1 ofthis code:
*~*
307.4. Care of Premises.
• * * ~
Page 2 of 7
Landscaping.
The entire yard where exposed to public view must be landscaped. Play
• areas, flowerbeds, driveways, walks, etc., not intended to have vegetative
cover should be clearly defined and maintained free of uncultivated growth.
Landscaping shall be maintained so as to present a healthy, neat and
orderly appearance at least equal to the original installation and shall be
mowed or trimmed in a manner and at a frequency so as not to detract
from the appearance of the general area. Any grass and brush growing in
excess of nee-F1} twelve~l2~ inches in height, dead trees, trash and
garbage shall be removed from the premises. Landscaping shall be
maintained to minimize property damage and public hazards, including the
removal of low hanging branches over sidewalks and paved areas and
those obstructing street lighting and traffic control signs.
All undeveloped properties must have grass or other suitable live
landscape materials planted over the entire site. While undeveloped
properties may be irrigated utilizin ag n irrigation system, electrical service
to such properties shall be prohibited. Formerly developed vacant lots
with a planting_plan apTroved pursuant to section 45-36 of the village code
shall adhere to the requirements of that plan. All undeveloped properties
and vacant lots shall undergo regular maintenance, including, but not
limited to, pruning, edging mulching, or any other necessary actions
consistent with eg nerally accepted horticultural practices.
Landscaping shall be kept free of visible signs of insects and disease and
appropriately irrigated and fertilized to enable landscaping to be in a
healthy condition.
All roadways, curbs and sidewalks shall be edged to prevent
encroachment from the adjacent turf areas.
*~*
Section 4. The Village Council hereby amends Article I, "In General," of Appendix C
(Chapter 45), "Zoning," of the Village Code of Ordinances by amending Section 45-2,
"Definitions," to read as follows (additional language underlined and deleted language st~ie~en
~)~
Sec. 45-2. Definitions.
For the purposes of this use chapter, certain words and terms are
defined as follows:
Accessory building or structure shall include a building or structure
customarily incident and accessory to the principal use of land or building located
on the same lot. In the R-1 residential dwelling district, accessory buildings shall
• be limited to an open-air pavilion and an automobile garage. In the R-2 dwelling
district, an accessory building shall be limited to an automobile garage.
*~*
Page 3 of 7
Building is any structure, either temporary or permanent having a roof or other
coveringLand designed for the shelter or enclosure of any person, animal or propertX
•
Principal building or structure is the building or structure in which the
principal use of the lot is conducted.
Principal use is the primary or predominant use of any lot.
Structure is anything constructed or erected with a fixed location on the
mound, or attached to somethin having a fixed location on the r
***
Section 5. The Village Council hereby amends Article III, "District Regulations," of
Appendix C (Chapter 45), "Zoning," of the Village Code of Ordinances by amending Section 45-36,
"General Provisions," to read as follows (additional language underlined and deleted language
striElo~gh):
Sec. 45-36. General provisions.
The provisions of this article shall be subject to the following provisions
and exceptions:
*~*
D. Walls and fences built within the area between the property line and the
building setback line shall not exceed six (6) feet in height; provided,
however, that no walls or fences may be erected between the front yard
setback and the street line, nor may walls or fences exceed four (4) feet in
height for a distance of forty (40) feet from any body of water located
within the village. On corner lots, walls or fences shall not exceed four (4)
feet in height within the area between the side line of the lot which fronts
on a street, and the front building setback line extended of the adjacent
side street lot. On all building permits for walls or fences greater than four
(4) feet in height that are to be located outside building setback lines, there
shall be a prominent notice that a village building permit in no way offsets
the deed covenants, and that the applicant should also check the deed
covenants to protect himself.
D-1. On vacant lots adjacent to any waterbody, anon-opaque galvanized metal,
wrought-iron or chain link fence no greater than four (4) feet in height
may be constructed within five (5) feet of the seawall or bulkhead line to
restrict access to the waterbody from the vacant lot. Chain link fences
• may also be vinyl coated.
~ ~
Page 4 of 7
R. Formerly developed vacant lots.
~plicability This section shall apply to all lots within the village
• where the ~rinci~al structure has been demolished and no principal
use currently exists on the property.
Ground treatment Vacant lots regulated by this section shall be
cleared of construction material and debris, shall be properly
graded and shall be covered with sufficient mound treatment.
Existing_ground treatment maybe used to meet the requirements of
this section.
a. Ground treatment may consist of any combination of living
plants such as grass ground cover shrubs vines hed egg s or
trees and non-living landscape material such as rocks,
pebbles sand mulch and decorative paving materials.
Non-living landscape material shall be limited to a
maximum of twenty percent (20%) of the total lot area.
b. Property owners are encouraged to adhere to xeriscape or
"Florida Friendly (as promulgated by the Florida Yards
and Neighborhood Program landscaping principles and
utilize low-maintenance droughht-tolerant landscaping materials
and practices.
c. The clearing and planting must be completed within thirt
~30~ dam of the completion of the demolition of the
principal structure. While the ~ro~erty owner may irrigate
the lot utilizing an irri atg ion system, electrical service to
vacant lots shall be.prohibited.
d. The property owner shall ensure that the property
adequately drains so as to alleviate standingLwater.
Foundations driveways and accessory structures. Slab
foundations and other structural features remaining from
demolished structures must be removed from the lot. All
accessory structures (includin sg_wimming_poolsl, parking areas
and driveways shall be removed from vacant lots, with the
exception of seawalls driveway aprons located within adjacent
rights-of--way and irri atg_ion systems. Swimming_pools shall be
removed or filled in accordance with all applicable building code
requirements and state and local health department regulations.
Existi~ trees and vegetation. All existing, native and non-invasive
trees and palms shall be preserved to the maximum extent possible.
• All existing non-native and exotic species, as listed in the most
current edition of the Florida Exotic Pest Plant Council's List of
Invasive Plant Species shall be removed from the lot.
Page 5 of 7
~5,~ Plantingplan. Simultaneously with the application for a
demolition permit, the lot owner shall submit a planting elan to the
• community development department indicating the method of
ground treatment and identifying existing trees and palms to be
preserved and non-native and exotic species to be removed. The
department shall not issue the demolition permit until the planting
plan has been submitted and approved.
Maintenance. The lot shall be maintained in accordance with the
r~uirements of chapters 14 and 15 of the village code of
ordinances. Maintenance shall terminate upon the commencement
of active construction activities in accordance with a valid and
active building_permit. If construction activities cease for more
than thirty (30) days or the building_permit expires, a new planting
plan shall be submitted and implemented.
~7,~ Exemption.
a. A lot owner shall be exempt from submitting a nlantin~ elan
and demolishing the existing driveways, parking areas and
accessory structures if the property will be redeveloped
within one hundred and twenty (120) days of demolition, as
evidenced by the submittal of an application for a building
permit or other development approval at the time of
demolition. The lot owner shall certify that the existing
driveways, parking areas and accessory structures will be
incorporated into the new construction plan or are necessarX
to facilitate future construction activities, whichever is
applicable. Lot owners shall limit access to swimming~ools
remaining on vacant lots in accordance with the applicable
building code requirements for new construction.
b. The exemption shall remain in place for so long as the
permit or approval remains active, provided that active
construction activities commence within the one hundred
and twent~120) day period. In order to quali for the
exemption, the lot owner shall submit an affidavit stating
that the above requirements shall be met at the time the
application for the demolition permit is submitted.
c. A property owner may apply for one extension of the exemption
period for a period of time not to exceed sixty (60) days.
d. In the event: (i) construction activities do not commence within
the one hundred and twenty (120) day period; (iil the Hermits
• or other approvals facilitating redevelopment of the property
expire; or iii) construction activities commence and then cease
for a perood of more than thirty (30) days, the property owner
shall comply with all requirements of subsections ~2) through
~6) above within thirty L30~ays.
Page 6 of 7
Existin g docks or piers. An existing dock or pier adjacent to a formerly
develop ed vacant lot may remain subject to the following conditions:
• a. The use of the dock or pier shall be limited to one vessel;
b. The dock or pier shall only be used for the personal
enjoyment of the lot owner and shall not be rented or leased
to any third party or used for any commercial purpose;
c. No sewer or electrical services to the dock or pier shall be
permitted;
d. No live aboard vessels shall be permitted;
e. The upland portion of the lot shall not be used for storage,
parking or any other accessory use or structure until the
principal use or primary structure is completed; and
f. Access to the dock or pier may be restricted as provided in
section 45-36(D-1) above.
~9,) Enforcement. Violations of this section shall be enforced as code
enforcement violations in accordance with article VI of chapter 2
of the village code of ordinances.
Section 6. The provisions of this Ordinance shall become and be made a part of the Code of
the Village of North Palm Beach, Florida.
Section 7. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void,
such holding shall not affect the remainder of this Ordinance.
Section 8. All ordinances or parts of ordinances and resolutions or parts of resolutions in
conflict herewith are hereby repealed to the extent of such conflict.
Section 9. This Ordinance shall take effect immediately upon adoption, provided, however,
that the owners of formerly developed vacant lots existing on the effective date of this Ordinance
shall have ninety (90) days to bring the lots into compliance.
PLACED ON FIRST READING THIS 14th DAY OF OCTOBER, 2010.
PLACED ON SECOND, FINAL READING AND PASSED THIS 18th DAY OF NOVEMBER 2010.
ilia a Seal
CV g )
MAY R
ATTEST: t
VILLAGE CLERK
• APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
~~
VILLAGE ATTORNEY
Page 7 of 7