04-13-2023 VC WS-A with attachments
VILLAGE OF NORTH PALM BEACH
WORKSHOP SESSION AGENDA
VILLAGE HALL COUNCIL CHAMBERS THURSDAY, APRIL 13, 2023
501 U.S. HIGHWAY 1 AFTER REGULAR SESSION
David B. Norris Susan Bickel Darryl C. Aubrey Mark Mullinix Deborah Searcy
Mayor Vice Mayor President Pro Tem Councilmember Councilmember
Chuck Huff Leonard G. Rubin Jessica Green
Village Manager Village Attorney Village Clerk
INSTRUCTIONS FOR “WATCH LIVE” MEETING
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Live” link provided on the webpage:
https://www.village-npb.org/CivicAlerts.aspx?AID=496
ROLL CALL
DISCUSSION
1. OFF STREET PARKING SPACES AND ACCESSORY STORAGE STRUCTURES Council
discussion regarding a proposed ordinance amending the zoning regulations for R-1 Single-Family
Dwelling District to require two off-street parking spaces and allow one of two types of accessory
storage structures.
2. COMPREHENSIVE PLAN AMENDMENT AND C-3 REGIONAL BUSINESS DISTRICT ZONING
REGULATIONS Council discussion regarding amendments to the Future Land Use Element of the
Village's Comprehensive Plan and Zoning Regulations for the C-3 Regional Business District (Old
Twin City Mall Site)
ADJOURNMENT
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he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105).
In accordance with the Americans with Disabilities Act, any person who may require special accommodation to participate in this meeting
should contact the Village Clerk’s office at 841-3355 at least 72 hours prior to the meeting date.
This agenda represents the tentative agenda for the scheduled meeting of the Village Council. Due to the nature of governmental duties
and responsibilities, the Village Council reserves the right to make additions to, or deletions from, the items contained in this agenda.
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VILLAGE OF NORTH PALM BEACH
VILLAGE ATTORNEY’S OFFICE
TO: Honorable Mayor and Council
THRU: Chuck Huff, Village Manager
FROM: Leonard G. Rubin, Village Attorney
DATE: April 13, 2023
SUBJECT: WORKSHOP – Ordinance amending the zoning regulations for R-1 Single-Family
Dwelling District to require two off-street parking spaces and allow one of two types of
accessory storage structures.
The Village Council created the Residential Ad Hoc Committee to recommend revisions to the existing
Zoning Code regulations for single-family dwellings. Based on recommendations from the Ad Hoc
Committee and input and review by the Planning Commission, the Village Council has already adopted
amendments to the R-1 Zoning District regulations to address: minimum landscaped area; overall
building height; driveway widths; and second-story setbacks/massing.
One of the final topics considered by the Ad Hoc Committee was accessory storage structures. Currently,
the Village Code only allows two types of accessory structures on any single-family lot, i.e., detached
automobile garages and open-air pavilions. Storage structures or sheds of any type are prohibited unless
incorporated into the principal dwelling.
The Ad Hoc Committee recommended the adoption of the attached Ordinance revising the R-1 zoning
regulations to allow for one of two types of accessory storage structures, as well as requiring two off -
street parking spaces for each single-family dwelling. The proposed Ordinance was considered by the
Planning Commission at a duly advertised public hearing held on March 7, 2023, and the Planning
Commission recommended approval.
The attached Ordinance amends Section 45-27 as follows:
A. Amends the parking requirements to require two off-street parking spaces in lieu of one parking
space and references the durable surface requirements set forth in Section 15-3(n) of the Village
Code. Additionally, the parking spaces must be accessed by a durable surface and be located at
least two (2) feet from all property lines. All driveway aprons located within the right-of-way must
be constructed of Portland cement concrete as required by Section 24-43 of the Village Code.
B. Adds a new provision to allow one of two types of accessory storage structures on each single-
family lot.
1. The first type of permitted accessory storage structure is a prefabricated shed that does
not exceed sixty-four (64) square feet in size and eight (8) feet in overall height and meets
the following additional requirements:
The shed may only be used for the storage of household items and shall not have
plumbing or electrical service.
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The shed may not be placed in the front yard and must be predominantly screened from
view of all adjoining properties, abutting rights-of-way and waterways by vegetation,
fencing or other visual obstructions as approved by the Community Development
Department.
The minimum side and rear setbacks are five (5) feet.
All roof drainage shall be retained on the lot, and the shed shall be anchored to the ground
according to the manufacturer’s specifications.
No building permit is required; however, the Community Development Department may
conduct an inspection to determine that all applicable Code requirements are met and the
placement of a shed on a lot constitutes consent to such inspection.
2. The second type of accessory storage structure is a permanent building that exceeds
sixty-four (64) feet in size or eight (8) feet in height for which a building permit is required
and meets the following additional requirements:
The structure may be utilized to store household goods, including vehicles, and may have
plumbing and electrical service. However, to prevent use as an accessory dwelling unit,
the structure may not have a kitchen.
Except for an automobile garage (which must still meet all applicable setbacks), the
accessory storage structure may not be located in the front yard.
The structure must have the same architectural features and the utilize the same materials
and colors as the principal structure (the siding shall not be metal or plastic unless
consistent with principal structure).
The minimum front setback shall be twenty-five (25) feet, the minimum side setback shall
be ten (10) feet and the minimum rear setback shall be seven and one-half (7-1/2) feet.
The maximum height shall not exceed sixteen (16) feet or the height of the principal
structure, whichever is less.
The maximum size of the accessory storage structure shall not exceed thirty-five (35)
percent of the gross floor area of the principal structure.
The only existing regulation applicable to detached automobile garages is contained in Section 45-36 of
the Village Code, which limits the height to one (1) story and the rear setback to seven and one-half (7-
1/2) feet with no additional regulations.
There is no fiscal impact.
Recommendation:
Village Staff seeks Council consideration, input and guidance regarding the attached Ordinance
amending the zoning regulations for the R-1 Single-Family District to require two off-street
parking spaces and allow one of two different types of accessory storage structures.
Page 1 of 8
ORDINANCE NO. 2023-_____ 1
2
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 3
NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE III, “DISTRICT 4
REGULATIONS,” OF APPENDIX C (CHAPTER 45) OF THE VILLAGE CODE 5
OF ORDINANCES BY AMENDING SECTION 45-27, “R-1 SINGLE-FAMILY 6
DWELLING DISTRICT,” TO REQUIRE TWO PARKING SPACES ON A 7
DURABLE SURFACE AND TO ALLOW ONE ACCESSORY STORAGE 8
STRUCTURE SUBJECT TO ADDITIONAL REQUIREMENTS; PROVIDING 9
FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR 10
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 11
12
WHEREAS, in coordination with Village Staff, the Ad Hoc Committee recommended additional 13
revisions to the R-1 single-family dwelling district zoning regulations; and 14
15
WHEREAS, the Village Code currently only requires one parking space for each single -family 16
dwelling and does not specific the location or materials, and the Committee is recommending 17
requiring two parking spaces with durable surfaces; and 18
19
WHEREAS, the Village Code currently restricts accessory structures to one open-air pavilion and 20
an accessory garage, and in order to address the common code violations of outside storage and 21
unpermitted shed installation, the Committee is recommending allowing one accessory storage 22
structure on each lot, subject to the regulations set forth herein; and 23
24
WHEREAS, on March 7, 2023, the Planning Commission, sitting as the Local Planning Agency, 25
conducted a public hearing to review this Ordinance and provide a recommendation to the Village 26
Council; and 27
28
WHEREAS, having considered the recommendation of the Planning Commission and conducted 29
all required advertised public hearings, the Village Council determines that the adoption of this 30
Ordinance is in the interests of the health, safety and welfare of the residents of the Village of 31
North Palm Beach. 32
33
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE 34
OF NORTH PALM BEACH, FLORIDA as follows: 35
36
Section 1. The foregoing “Whereas” clauses are hereby ratified and incorporated herein. 37
38
Section 2. The Village Council hereby amends Article III, “District Regulations,” of 39
Appendix C (Chapter 45) of the Village Code of Ordinances by amending Section 45-27 to read 40
as follows (additional language is underlined and deleted language is stricken through): 41
42
Sec. 45-27. R-1 single-family dwelling district. 43
44
* * * 45
46
G. Off street parking regulations. At least one two parking spaces 47
measuring at least nine (9) feet by eighteen (18) feet (one hundred 48
Page 2 of 8
sixty-two 162) square feet) shall be provided. All p Parking spaces 1
shall consist of a durable surfaced area as approved by the 2
community development director, and may be enclosed in the 3
dwelling, in an accessory building or in an unenclosed area or a 4
driveway. All vehicles parking on a lot within the R-1 single-family 5
dwelling district must be parked on a durable surface, as specified 6
in section 15-3(n) of the village code. The off street parking spaces 7
required by this section shall be accessed via a durable surface and 8
shall be located a minimum of two (2) feet from all property lines. 9
All driveway aprons shall be constructed of Portland cement 10
concrete as required by section 24-43(a)(1) of this code. 11
12
H. Accessory structures Open-air pavilions. One detached automobile 13
garage and o One open-air pavilion may be constructed on any lot 14
within the R-1 single-family dwelling district provided that all 15
requirements of this chapter are met. Open air pavilions shall be 16
subject to the following additional conditions and restrictions: 17
18
1. Permitting. 19
20
(a) All open-air pavilions must be permitted in 21
accordance with all Florida Building Code and 22
Village Code requirements. 23
24
(b) Open-air pavilions meeting the definition of a 25
traditional chickee hut are exempt from the Florida 26
Building Code but shall be subject to consistency 27
review by the village. Consistency shall be 28
demonstrated through the issuance of a zoning 29
permit and shall require the submittal of the 30
following information: 31
32
(1) A survey that includes scaled dimensions of 33
the proposed structure, including setbacks; 34
35
(2) Proof that the builder of the chickee hut is a 36
member of either the Miccosukee Tribe of 37
Indians of Florida or the Seminole Tribe of 38
Florida (such proof consisting of a copy of 39
the trial member's identification card); and 40
41
(3) Drawings of the proposed structure 42
depicting, at a minimum, the overall design, 43
dimensions, roof materials, and height. 44
45
2. Dimensions. Open-air pavilions shall not exceed two 46
hundred (200) square feet in floor area. The floor area shall 47
be measured from outside the support posts, provided that 48
the roof overhang does not exceed three (3) feet from the 49
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support posts. If the roof overhang exceeds three (3) feet, the 1
floor area shall consist of the entire roofed area. For 2
structures supported by a single-pole, i.e., umbrella shape, 3
the floor area shall be measured from the drip line of the roof 4
material. 5
6
3. Height. Open-air pavilions shall not exceed twelve (12) feet 7
in height or the height of the principal building located on 8
the lot, whichever is more restrictive. For sloped roofs, the 9
height shall be measured at the mean roof height. 10
11
4. Location and Setbacks. 12
13
(a) No open-air pavilion may be erected within ten (10) 14
feet of the side property line. This side setback shall 15
be increased to twenty (20) feet for corner lots. 16
17
(b) No open-air pavilion may be erected within seven 18
and one-half (7½) feet of the rear property line. 19
20
(c) No open-air pavilion or any portion thereof may be 21
erected between the front line of the principal 22
building and the front property lot line, within a 23
utility or drainage easement, or within a required 24
landscape buffer. 25
26
5. Use restrictions. 27
28
(a) An open-air pavilion shall be used only for private 29
recreational activities as an accessory use to the 30
principal residential use and shall not be used for 31
habitation, for a tool room, storage room or 32
workshop, or for any commercial purpose 33
whatsoever. 34
35
(b) Open-air pavilions shall not be used for storage of 36
items of personal property, including, but not limited 37
to, the following: 38
39
(1) Operable or inoperable vehicles, boats, boat 40
trailers, utility trailers or similar items of 41
personal property; 42
(2) Building materials, lawn equipment, tools or 43
similar items; and 44
45
(3) Ice boxes, refrigerators and other types of 46
food storage facilities with the exception of 47
under-counter units. 48
49
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(c) No gas, charcoal or propane grills, stoves or other 1
types of cooking devices may be stored or utilized 2
within a traditional chickee hut. 3
4
6. Maintenance. Open-air pavilions shall be maintained in 5
good repair and in sound structural condition. Painted or 6
stained surfaces shall be free of peeling paint, mold and 7
mildew and void of any evidence of deterioration. 8
9
7. Design. 10
11
(a) Open-air pavilions, with the exception of traditional 12
chickee huts, pergolas and other structures with only 13
partial or slatted roofs, shall incorporate the same 14
types of building materials and be consistent with the 15
architectural theme or style of the main or principal 16
building. 17
18
(b) At the request of a property owner, the community 19
development director may approve the use of 20
different building materials or alternate architectural 21
themes or styles when such materials, themes or 22
styles are complementary to the main or principal 23
building. 24
25
(c) Should the community development director deny 26
the request for different building materials or 27
alternate architectural themes or styles, a property 28
owner may appeal this decision to the planning 29
commission by submitting a written request for a 30
hearing to the community development director 31
within thirty (30) calendar days of the date of the 32
determination. The appeal shall be placed on the next 33
available agenda and the decision of the planning 34
commission shall be final, subject only to judicial 35
review by writ of certiorari. 36
37
I. Accessory storage structures. One accessory storage structure may 38
be located on any lot within the R-1 single-family dwelling district. 39
40
1. The following regulations shall apply to prefabricated 41
accessory storage buildings/utility sheds that do not exceed 42
sixty-four (64) square feet in size and eight (8) feet in overall 43
height: 44
45
a. The accessory storage building/utility shed shall only 46
be used for the storage of household items, supplies 47
and equipment (no vehicles) and shall not have 48
plumbing or electrical service. 49
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1
b. No accessory storage building/utility shed or portion 2
thereof shall be located between the front line of the 3
principal building and the front property lot line nor 4
shall it be located within a utility or drainage 5
easement. 6
7
c. The accessory storage building/utility shed shall be 8
predominately screened from view from all 9
adjoining properties, abutting rights-of-way and 10
waterways by vegetation, fencing or other visual 11
obstructions, as approved by the community 12
development department. 13
14
d. The minimum side interior setback shall be five (5) 15
feet and minimum rear setback shall be five (5) feet. 16
17
e. All roof drainage shall be retained on the lot and shall 18
not adversely impact adjoining properties. 19
20
f. The accessory storage building/utility shed shall be 21
anchored to the ground according to the 22
manufacturer's specifications. 23
24
g. No building permit shall be required; however, the 25
community development department may conduct an 26
inspection to confirm that the above requirements are 27
met, and the placement of an accessory storage 28
building/utility shed on a lot constitutes the property 29
owner’s consent to such an inspection. An 30
administrative fee may be charged as set forth in the 31
village’s adopted fee schedule. 32
33
2. The following regulations shall apply to utility sheds, 34
storage buildings and other accessory structures that exceed 35
sixty-four (64) square feet in size or eight (8) feet in overall 36
height: 37
38
a. The accessory storage structure may be utilized to 39
store any type of household goods, including 40
vehicles, and may have plumbing and electrical 41
service. No kitchens are permitted, and a building 42
permit is required. 43
44
b. With the exception of an automobile garage, no 45
accessory storage structure or any portion thereof 46
may be erected between the front line of the principal 47
building and the front property lot line nor shall it be 48
located within a utility or drainage easement. 49
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1
2
c. The accessory storage structure shall have the same 3
architectural features and utilize the same materials 4
and colors as the principal structure. The siding of 5
the accessory storage structure shall not be 6
constructed of metal or plastic unless architecturally 7
consistent with the principal structure. 8
9
d. All accessory storage structures, including an 10
automobile garage, shall maintain a minimum front 11
setback of twenty-five (25) feet, a minimum side 12
setback of (10) feet and a minimum rear setback of 13
seven and one-half (7½) feet. 14
15
e. The maximum height of the accessory storage 16
structure shall not exceed sixteen (16) feet or the 17
height of the principal structure, whichever is less. 18
Height shall be measured in the same manner as the 19
principal structure, as specified in section 45-27(B) 20
above. 21
22
f. The maximum size of the accessory storage structure 23
shall not exceed thirty-five (35) percent of the gross 24
floor area of the principal structure. 25
26
I J. Mechanical equipment. All non roof-mounted mechanical equipment 27
shall be located behind the front building face of the principal 28
structure in either the side yard or the rear yard. Such equipment shall 29
be located adjacent to the principal structure whenever practicable, 30
provided, however, that all mechanical equipment shall be located at 31
least five (5) feet from the side property line and at least seven and 32
one-half feet (7½) from the rear property line. 33
34
J K. Minimum landscaped area. 35
36
1. All single-family dwellings shall have a minimum 37
landscaped area of thirty percent (30%). 38
39
2. All single-family dwellings (both one and two story) shall 40
provide a minimum landscaped area of fifty percent (50%) 41
in the required twenty-five-foot (25') front yard setback. 42
Properties with frontage along urban collector roads 43
(Lighthouse Drive and Prosperity Farms Road) shall provide 44
a minimum landscaped area of forty percent (40%) in the 45
required twenty-five-foot (25') front yard setback. Properties 46
having an irregular lot shape, meaning a lot which is not 47
close to rectangular or square and in which the width of the 48
property at the front property line is less than required by the 49
Page 7 of 8
underlying zoning district, shall provide a minimum 1
landscaped area of twenty-five percent (25%) in the required 2
twenty-five-foot (25') front yard setback. 3
4
3. A property owner who meets the overall minimum 5
landscaped area requirement set forth in subsection (1) 6
above and who does not meet the minimum landscaped area 7
requirement in the twenty-five-foot (25') front yard setback 8
set forth in subsection (2) above may request a waiver of up 9
to five percent (5%) of the minimum required area by filing 10
a request with the Community Development Department. 11
The request shall be forwarded to the Planning Commission 12
for final action. A property owner seeking such a waiver 13
shall be required to demonstrate to the Planning Commission 14
that he or she has made a reasonable attempt to comply with 15
the required minimum landscaped area within the front yard 16
setback and has mitigated any deficiency through the 17
installation of enhanced landscaping materials, the use of 18
permeable hardscape materials or some other acceptable 19
means. 20
21
For the purposes of this subsection, the term minimum landscaped 22
area shall mean a pervious landscaped area unencumbered by 23
structures, buildings, paved parking lots, sidewalks, sports courts, 24
pools, decks, or any impervious surface. Landscape material shall 25
include, but not be limited to, grass, ground covers, bushes, shrubs, 26
hedges or similar plantings, or decorative rock or bark. No landscape 27
material shall be used for parking. However, pervious surfaces used 28
for the parking of recreational equipment in side and rear yards shall 29
be included in the calculation of the minimum landscaped area. 30
31
With respect to building permits for renovations of existing single-32
family dwellings, the minimum landscaped area standards shall 33
apply only to the extent that the proposed scope of work impacts the 34
applicable standard. 35
36
K L. Maximum driveway width in swale. The total width of driveways 37
from the edge of the public roadway to the abutting privately-owned 38
property shall not exceed a total of thirty-two feet (32') in width at 39
the property line, excluding flares. For lots with ninety (90) or more 40
feet of public roadway frontage, the total width of driveways from 41
the edge of the public roadway to the abutting privately-owned 42
private shall not exceed a total of forty feet (40') in width at the 43
property line, excluding flares. Each side of a flared driveway sh all 44
be no more than three feet (3') wider than the rest of the driveway. 45
46
Section 3. The provisions of this Ordinance shall become and be made a part of the Code of 47
the Village of North Palm Beach, Florida. 48
49
Page 8 of 8
Section 4. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for 1
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, 2
such holding shall not affect the remainder of the Ordinance. 3
4
Section 5. All ordinances or parts of ordinances in conflict with this Ordinance are hereby 5
repealed to the extent of such conflict. 6
7
Section 6. This Ordinance shall become effective immediately upon adoption. 8
9
PLACED ON FIRST READING THIS _____ DAY OF ________________, 2023. 10
11
PLACED ON SECOND, FINAL READING AND PASSED THIS _____ DAY OF ___________, 12
2023. 13
14
15
(Village Seal) 16
MAYOR 17
18
19
ATTEST: 20
21
22
VILLAGE CLERK 23
24
25
APPROVED AS TO FORM AND 26
LEGAL SUFFICIENCY: 27
28
29
VILLAGE ATTORNEY 30
Page 1 of 2
VILLAGE OF NORTH PALM BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
TO: Honorable Mayor and Council
THRU: Chuck Huff, Village Manager
FROM: Alex Ahrenholz, Principal Planner
DATE: April 13, 2023
SUBJECT: WORKSHOP – Amendments to the Future Land Use Element of the Village’s
Comprehensive Plan and the Zoning Regulations for the C-3 Regional
Business District (Old Twin City Mall Site)
Background:
The old Twin City Mall site was established as the C-3 Regional Business District pursuant to an
Interlocal Agreement executed by the Village and the Town of Lake Park in 1993. The current
site is underutilized, with large vacant parcels. In 2016, the Village Council adopted the Citizen’s
Master Plan, envisioning the site’s redevelopment into a mixed-use, walkable town center for the
Village. After over a year of input and revisions, the proposed amendments provide a process to
allow and incentivize the type of development.
Upon completion of numerous workshops, input from consultants, and additional studies, the
Planning Commission recommended approval (6-0) of the proposed Comprehensive Plan
Amendments and the proposed revisions to the C-3 Regional Business District zoning
regulations. The proposed regulations are compatible with regulations already adopted by the
Town of Lake Park and provide a framework to guide future development.
The proposed amendments address Village Council’s concerns raised during the November 2022
workshop, which focused primarily on height and setbacks. The proposed amendments reduced
the maximum overall height within the PUD to 175 feet, less than the 220 feet allowable north of
the Parker Bridge. The maximum height will only be permitted in the site’s interior. Additionally,
the setbacks were significantly increased from public rights-of-way. Most notably, the building
setback adjacent to U.S. Highway One and Northlake Boulevard has been increased to twenty-
five (25) feet, thereby requiring the buildings to be set back past the existing vegetation.
Furthermore, the regulations require a ten (10) foot building “step-back” along the public rights-
of-way after the fourth story to assist with the reduction of building massing. These items have
been addressed with the recommendations and input from the Treasure Coast Regional Planning
Council (TCRPC).
Summary of Comprehensive Plan Amendments:
The proposed Ordinance amends the Future Land Use Element of the Village’s Comprehensive
Plan. The Village is proposing additional language to the Village Goal Statement, taken in part
from the Citizen’s Master Plan, to establish the Village’s intent to redevelop vacant parcels and
older commercial structures into pedestrian-oriented, mixed-use development. The Village is also
proposing revisions to supporting Policies to exempt the C-3 zoning district from the maximum
residential density otherwise applicable to properties with a commercial land use designation.
Page 2 of 2
The overall development potential would be limited to a maximum Floor Area Ratio (FAR)
established in the zoning regulations. This gives the Village a better understanding of allowable
massing because the utilization of maximum density does not provide square footage limitations.
Summary of Revisions to the C-3 Regional Business District Zoning Regulations:
The proposed amendments to the C-3 zoning regulations create an updated process for an
applicant to request approval of a Planned Unit Development. In order to utilize this process, a
potential developer would be required to meet the minimum threshold requirements, namely:
A five-acre development parcel;
A minimum of one-half acre of civic space;
A minimum of 50,000 square feet of non-residential uses; and
Additional public benefits in the form of enhanced landscaping, the creation of a functional
living, shopping and/or working environments, or innovative architectural design.
The last criterion was added to address the Planning Commission’s concern that the maximum
allowances under the PUD regulations were granted not “by right.” With input from the Planning
Commission, the Village Council will have ultimate authority to approve any proposed master plan
and subsequent site plans.
With the inclusion of the TCRPC recommendations, the amendments include a framework for
development with a regulating plan, frontage types, and street and sidewalk standards. These
standards create connectivity, ensure that building massing relates to its surroundings and
provide minimum street standards.
The proposed amendments allow for a maximum FAR of 2.75, which is generally consistent with
the regulations adopted by the Town of Lake Park. The Town of Lake Park allows for a maximum
FAR of 2.0 for non-residential uses plus a residential density of 48 units per acre. Because a
maximum density does not limit square footage, Lake Park’s regulations actually allow more
square footage on its portion of the old Twin City Mall site than the Village’s proposed regulations.
Next Steps:
The proposed amendments to the Future Land Use Element of the Comprehensive Plan has been
approved by the State of Florida Department of Economic Opportunity (DEO). No comments
were received from DEO and as such will bring the proposed Ordinances back to the Village
Council for consideration and adoption on second reading. Once the Ordinances are adopted,
applicants may submit a PUD application and proposed master plan for review by the Planning
Commission and the Village Council.
Page 1 of 2
ORDINANCE NO. 2023-05 1
2
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 3
NORTH PALM BEACH, FLORIDA, AMENDING THE FUTURE LAND USE 4
ELEMENT OF THE VILLAGE OF NORTH PALM BEACH COMPREHENSIVE 5
PLAN TO FACILITATE REDEVELOPMENT; PROVIDING FOR CONFLICTS; 6
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE 7
DATE. 8
9
WHEREAS, the Village wishes to amend the Future Land Use Element of its Comprehensive Plan 10
to facilitate redevelopment within the Village, particularly the former Twin City Mall site; and 11
12
WHEREAS, the proposed modification amends the Future Land Element to promote mixed use 13
projects and allow for the regulation of density and intensity through the adoption of land 14
development regulations applying a maximum Floor Area Ration (FAR); and 15
16
WHEREAS, on February 14, 2023, the Planning Commission, sitting as the Local Planning 17
Agency, conducted a public hearing to review the proposed amendments to the Village 18
Comprehensive Plan and provide a recommendation to the Village Council; and 19
20
WHEREAS, having conducted all of the duly advertised public hearings required by Chapter 163, 21
Florida Statutes, the Village Council wishes to amend its Comprehensive Plan and determines that 22
the adoption of this Ordinance is in the interests of the health, safety and welfare of the residents 23
of the Village of North Palm Beach. 24
25
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE 26
OF NORTH PALM BEACH, FLORIDA as follows: 27
28
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. 29
30
Section 2. The Village Council hereby adopts the revisions to the Village of North Palm 31
Comprehensive Plan attached hereto as Composite Exhibit “A” and incorporated herein by 32
reference (additional language underlined and deleted language stricken through). 33
34
Section 3. All ordinances or parts of ordinances and resolutions or parts of resolutions in 35
conflict herewith are hereby repealed to the extent of such conflict. 36
37
Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for 38
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, 39
such holding shall not affect the remainder of this Ordinance. 40
41
Section 5. This Ordinance shall be effective thirty-one (31) days after the Department of 42
Economic Opportunity notifies the Village that the plan amendment package is complete or, if 43
timely challenged, this Ordinance shall be effective upon entry of a final order by the Department 44
of Economic Opportunity or the Administration Commission determining the adopted amendment 45
to be in compliance. 46
Page 2 of 2
PLACED ON FIRST READING THIS _____ DAY OF ________________, 2023. 1
2
PLACED ON SECOND, FINAL READING AND PASSED THIS _____ DAY OF ___________, 3
2023. 4
5
(Village Seal) 6
MAYOR 7
8
9
ATTEST: 10
11
12
VILLAGE CLERK 13
14
15
APPROVED AS TO FORM AND 16
LEGAL SUFFICIENCY: 17
18
19
VILLAGE ATTORNEY 20
Page 1 of 36
ORDINANCE NO. 2023-06 1
2
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 3
NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE III, “DISTRICT 4
REGULATIONS,” OF APPENDIX C (CHAPTER 45) OF THE VILLAGE CODE 5
OF ORDINANCES BY AMENDING SECTION 45-34.1 TO REVISE THE 6
ZONING REGULATIONS FOR THE C-3 REGIONAL BUSINESS DISTRICT 7
TO FACILITATE REDEVELOPMENT AND PROVIDE FOR A NEW 8
PLANNED UNIT DEVELOPMENT PROCEDURE; AMENDING SECTION 45-9
35.1, “PLANNED UNIT DEVELOPMENT,” TO ALLOW FOR USE BY 10
PROPERTIES WITHIN THE C-3 ZONING DISTRICT UNDER SPECIFIED 11
CIRCUMSTANCES; AMENDING ARTICLE VII, “NONCONFORMING USES 12
OF LAND AND STRUCTURES,” BY AMENDING SECTION 45-65 TO 13
REMOVE A REFERENCE TO THE C-3 ZONING DISTRICT; AMENDING 14
ARTICLE VIII, “LANDSCAPING,” BY AMENDING SECTIONS 45-90, 15
“LANDSCAPE REQUIREMENTS FOR SITE PERIMETERS,” AND SECTION 16
45-91, “LANDSCAPE REQUIREMENTS FOR BASE OF FOUNDATION,” TO 17
MODIFY THE REQUIREMENTS FOR THE C-3 ZONING DISTRICT; 18
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; 19
PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE; 20
AND FOR OTHER PURPOSES. 21
22
WHEREAS, through the adoption of Resolution No. 2016-73, the Village Council formally 23
adopted the Citizens’ Master Plan Report prepared by the Treasure Coast Regional Planning 24
Council (“Master Plan”), including the recommendations contained therein, as setting forth the 25
guiding principles for future development within the Village; and 26
27
WHEREAS, the Master Plan recognized the redevelopment potential of the old Twin City Mall 28
site, the development of which is governed by the Village’s C-3 Regional Business District zoning 29
regulations; and 30
31
WHEREAS, the Master Plan expressed a preference for a lifestyle center, like CityPlace or Mizner 32
Park, within the C-3 District that would provide “shopping, entertainment, restaurant uses within 33
the form of an urban neighborhood that incorporates residential as an integral use;” and 34
35
WHEREAS, as noted in the Master Plan, the site is large enough to accommodate a significant 36
project with buildings tall enough to afford water views and could incorporate the following 37
qualities: (1) an interconnected system of walkable blocks and small streets; (2) buildings lining 38
streets and facing parks and open spaces; (3) a mix of building types such as townhouses, low-rise 39
multi-family, high-rise multi-family, retail and mixed use; and (4) parking provided on-street, in 40
garages and behind buildings; and 41
42
WHEREAS, the Village shares the Twin City Mall site with the Town of Lake Park, and the Town 43
has already adopted new zoning regulations with increased density and intensity to facilitate 44
redevelopment as well as a Regulating Plan to maintain interconnectivity; and 45
46
Page 2 of 36
WHEREAS, the Village wishes to amend the zoning regulations for the C-3 Regional Business 1
Zoning District to facilitate the type of large-scale development or lifestyle center contemplated 2
by the Master Plan through the use of a new Planned Unit Development process that provides 3
added flexibility and intensity; and 4
5
WHEREAS, the Village also wishes to amend certain other provisions of its Zoning Code to 6
implement the revised C-3 regulations and eliminate conflicts; and 7
8
WHEREAS, the Planning Commission, sitting as the Local Planning Agency, conducted a public 9
hearing to review this Ordinance and provide a recommendation to the Village Council; and 10
11
WHEREAS, having considered the recommendation of the Planning Commission and conducted 12
all required advertised public hearings, the Village Council determines that the adoption of this 13
Ordinance is in the interests of the health, safety and welfare of the residents of the Village of 14
North Palm Beach. 15
16
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE 17
OF NORTH PALM BEACH, FLORIDA as follows: 18
19
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. 20
21
Section 2. The Village Council hereby amends Article III, “District Regulations,” of 22
Appendix C (Chapter 45) of the Village Code of Ordinances by amending Section 45-34.1 to read 23
as follows (additional language underlined and deleted language stricken through): 24
25
Sec. 45-34.1. C-3 regional business district. 26
27
The C-3 regional business district is designed for the re-use and/or 28
redevelopment of commercial property. It contains special regulations and 29
procedures that are integrated with those of the Town of Lake Park to avoid 30
conflicts that could otherwise be created by the location of the town/village 31
boundary. Within C-3 business districts, the following regulations shall apply: 32
33
(1) Uses permitted. Within the C-3 zoning district, no building, 34
structure, land, or water shall be used, unless otherwise permitted by 35
these regulations, except for any combination of the following 36
purposes: Table 1 indicates allowable uses in the C-3 regional 37
business district: 38
39
a. Banks, savings and loans, stockbrokers, and similar financial 40
institutions. 41
42
b. Business offices, including medical and professional 43
services. 44
45
Page 3 of 36
c. Community residential homes, subject to the same 1
requirements as apply in the R-2 zoning district, and family 2
day care centers as defined in Chapter 402, Florida Statutes. 3
4
d. Hotels, motels, and time-share units. 5
6
e. Multiple-family dwellings (each building containing three 7
(3) or more units) and customary accessory uses, subject to 8
any limitations on residential uses in the adopted 9
Comprehensive Plan. 10
11
f. Personal services typically offered in conjunction with 12
shopping facilities, such as laundromats, dry cleaners, barber 13
and beauty shops, child care facilities, health clubs, and 14
shops for the repair, cleaning, or rental of items weighing 15
less than one hundred (100) pounds. 16
17
g. Restaurants and other establishments where food and/or 18
beverages are prepared and served. 19
20
h. Retail sale of new or antique merchandise that is displayed 21
indoors only, whether in freestanding buildings or in a 22
centrally managed shopping center or enclosed mall. 23
24
i. Theaters and other entertainment facilities including nightclubs, 25
game rooms, bowling alleys, and similar establishments, provided 26
they are fully enclosed and provided such uses shall not include 27
adult entertainment establishments. 28
Table 1_-_Allowable Uses
USES
PERMITTED
BY PUD
ONLY1
NOT
PERMITTED
RESIDENTIAL USES
Mobile home park
Dwelling, one family detached
Dwelling, all other dwelling
types
Live/work unit
Assisted living facility
Community residential home 2
LODGING USES
Bed-and-breakfast
establishment
Hotel, including Extended Stay
Motel
Time-share unit
Page 4 of 36
BUSINESS USES
Offices, general
Office or clinic, medical or
dental
Stores & services, general
Stores & services, large format
Adult entertainment
Convenience store with fuel
Dog daycare
Drive-through facility (for any
use)
Garage, parking
Heavy commercial and light
industrial
Medical marijuana treatment
center
Restaurant
Bar, Night Clubs or
Entertainment Establishments
Telecommunications antennas
CIVIC & EDUCATION USES
Child care facility
Church or place of worship
Civic space
Family day care
Government building
Hospital or medical center
Public space
School, public or private
1 See section 10 for additional PUD requirements 1
2. Subject to the same requirements as apply in the R-2 zoning district 2
3
(2) Off-street parking. All proposed land uses shall provide a sufficient number 4
of parking spaces to accommodate the number of vehicles that can be 5
expected to be attracted to that use. Individual land uses can provide at least 6
the number of spaces listed below on the same parcel of land as the principal 7
building (or on an adjoining parcel under identical ownership) in lieu of 8
using the parking space standards found elsewhere in this Code. However, 9
certain land uses may require less parking; and combinations of land uses 10
may be able to reduce the total number of spaces by sharing those spaces 11
during differing peak hours or because of pedestrian traffic or multi-purpose 12
trips. Modified standards may be approved if fewer spaces will 13
accommodate the number of vehicles that can be expected to be attracted to 14
that use (or combination of uses) at the proposed location. Such a 15
modification may be made on individual parcels of land (or adjoining 16
parcels under identical ownership) by the building official when permitted 17
Page 5 of 36
by consensus national codes or standards or after submission of persuasive 1
technical evidence (such as publications of the Institute of Transportation 2
Engineers (ITE)). Modifications that involve shared parking on parcels of 3
land that are not under identical ownership, or parking in a different 4
municipality than the principal building regardless of ownership, may be 5
approved through the special C-3 PUD procedures found below in section 6
45-34.1(10). 7
8
a. Auditoriums of any kind — 1 space per 3 seats. 9
10
b. Banks and other financial institutions — 3 spaces per 1,000 square 11
feet. 12
13
c. Hotels and motels — 1 space per guest room plus 1 space per 2 14
employees during the peak period; parking for restaurants and other 15
guest facilities to be calculated separately. 16
17
d. Offices, medical/dental — 5 spaces per 1,000 square feet. 18
19
e. Offices, all other — 3 spaces per 1,000 square feet. 20
21
f. Residential — 2 spaces per dwelling unit. 22
23
g. Restaurants and nightclubs — 12 spaces per 1,000 square feet, 24
except 6 spaces per 1000 square feet for restaurants offering take-25
out service. 26
27
h. Retail uses and personal services — 4 spaces per 1,000 square feet, 28
except 1.5 spaces per 1,000 square feet for furniture sales. 29
30
i. Shopping centers — 4 spaces per 1,000 square feet. 31
32
j. Uses not listed above to be determined by the building official using 33
standards found elsewhere in this Code or upon submission of 34
persuasive technical evidence about the number of vehicles that can 35
be expected to be attracted. 36
37
NOTES: 38
1. All areas are measured as gross floor area except multi-39
tenant shopping centers and office complexes, which are 40
measured as gross leasable area. 41
2. Fractional spaces can be disregarded. 42
3. Wherever the term "identical ownership" is used, the land 43
parcels in question must be contiguous and must be owned 44
by or under the unified control of the applicant. 45
46
Page 6 of 36
(3) Off-street loading and internal circulation. Requirements for off-street 1
loading, parking lot aisles, accessways, and general internal circulation shall 2
be same as would apply in the C-S zoning district. 3
4
a. Lighting: Parking lots shall be fully illuminated during hours of 5
business operation with a minimum standard of illumination from 6
closing to dawn per the Palm Beach County Code or ITE, whichever 7
is more stringent. 8
9
(4) Landscaping. Landscaping shall be required along the outer boundary of the 10
C-3 zoning district (irrespective of any municipal boundary) and also in 11
unroofed parking areas whenever a parking area is constructed, 12
reconstructed, or reconfigured. In addition to the other provisions of 13
Chapter 27 of this Code, the following landscaping requirements shall be 14
met: 15
16
a. Required landscaping adjacent to public rights-of-way: The 17
required landscaped strip between a public right-of-way and an off-18
street parking area shall be at least fifteen (15) feet wide and shall 19
contain at least five (5) trees and eighteen (18) shrubs for each one 20
hundred (100) lineal feet. 21
22
b. Parking area interior landscaping for unroofed parking areas: At 23
least ten (10) percent of the total paved surface area shall be devoted 24
to landscaped areas. Each area counting toward the ten (10) percent 25
total shall have an average minimum dimension of ten (10) feet. At 26
least one (1) tree shall be planted for every two hundred fifty (250) 27
square feet of required internal planting area. No parking space shall 28
be more than one hundred (100) feet from a tree planted in a 29
permeable island, peninsula, or median having a t en-foot minimum 30
width. 31
32
c. Indigenous native vegetation: To reduce maintenance and water 33
consumption, required landscaping shall include at least seventy-34
five (75) percent indigenous native trees and fifty (50) percent 35
indigenous native shrubs. 36
37
d. Installation: All required landscaping shall be installed using 38
xeriscape principles including water conservation through the 39
appropriate use of drought-tolerant plants, mulching, and the 40
reduction of turn areas. Irrigation systems shall be designed to 41
operate only when needed and only in those areas that require 42
irrigation. 43
44
e. Maintenance: The property owner shall be responsible for the 45
maintenance of all required landscaped areas in a healthy and 46
Page 7 of 36
vigorous condition at all times. Required trees shall not be trimmed 1
or pruned in such a way as to alter or limit their normal mature 2
height or crown spread. If required plants die, they shall be replaced 3
within sixty (60) days. 4
5
(5) Setbacks and height. The following setback, height, and spacing regulations 6
apply in the C-3 zoning district: 7
8
a. Perimeter setbacks: All buildings and structures shall be set back a 9
minimum of thirty (30) feet from the outer boundary of the C-3 10
zoning district, except an interior common municipal boundary. For 11
buildings in excess of two (2) stories or thirty (30) feet in height, 12
one (1) foot shall be added to the required perimeter setback for each 13
extra foot of height over thirty (30) feet. 14
15
b. Additional setbacks to internal property lines: The need for building 16
setbacks to property lines adjoining other land zoned C-3 is related 17
to the existing or proposed uses of those properties. Unless modified 18
through the special C-3 PUD procedures found below in section 45-19
34.1(10), all new buildings and structures shall be set back a 20
minimum of twenty-five (25) feet from each of its property lines. 21
22
c. Maximum building height: The maximum height of any building 23
shall be fifty (50) feet. 24
25
d. Spacing between buildings: The minimum spacing between 26
individual buildings on the same or adjoining C-3 properties shall 27
be as required by applicable fire and building codes. 28
29
(6) Maximum lot coverage. There is no fixed cap on lot coverage or floor area 30
ratio. Maximum intensity will be governed by the application of the parking, 31
loading, setback, building height, and surface water management standards 32
found herein. 33
34
(7) Signs. In addition to the other provisions of sections 6-111 through 6-117 35
of this Code, but notwithstanding any conflicting standards found therein, 36
signs in the C-3 zoning district shall comply with the following regulations 37
unless modified through the special C-3 PUD procedures. 38
39
a. Ground signs are mounted on a monolithic base and are independent 40
of any building for support. They are permitted only when the sign 41
and base are monolithic and have essentially the same contour from 42
grade to top. Ground signs that meet the following regulations are 43
permitted in the C-3 district only along U.S. Route 1 and Northlake 44
Boulevard: 45
46
Page 8 of 36
1. Maximum number of ground signs: One (1) ground sign 1
along U.S. Route 1 and one (1) ground sign along Northlake 2
Boulevard, regardless of jurisdiction, North Palm Beach or 3
Lake Park. 4
5
2. Maximum height of ground sign base: Three (3) feet. 6
7
3. Maximum height of ground signs: Thirteen (13) feet 8
including the base, measured from the finished grade nearest 9
the base (excluding berms). 10
11
4. Maximum size of ground signs: One hundred (100) square 12
feet; copy may be placed on two (2) sides of a ground sign 13
without counting the area twice. 14
15
b. Pole signs are not attached to any building and are supported upon 16
the ground by poles or braces. Pole signs are not permitted in the C-17
3 district. 18
19
c. Wall signs are those that are attached to the exterior of a building or 20
structure in such a manner that the wall becomes the supporting 21
structure, and may form the background surface, of the sign. Wall 22
signs are permitted in the C-3 district provided they meet the 23
following regulations: 24
25
1. Maximum depth of wall signs: Wall signs may not be painted 26
directly on the wall and may not project more than two (2) 27
feet from the building to which they are fastened. 28
29
2. Allowable slope of wall signs: Wall signs may not be 30
attached to walls that slope more than forty-five (45) degrees 31
from a vertical plane. 32
33
3. Maximum height of wall signs: Eighteen (18) feet measured 34
from the finished grade nearest the wall, except that on a 35
building of more than two (2) stories, a single wall sign is 36
allowed above eighteen (18) feet. No wall sign may extend 37
above the top of the wall to which it is attached. 38
39
4. Maximum number of wall signs: One (1) permanent wall 40
sign is permitted for each business which has direct ground 41
level walk-in access from a public or private roadway or 42
sidewalk, and one additional permanent wall sign 43
identifying the building is permitted for each multiple 44
occupancy complex. 45
46
Page 9 of 36
5. Maximum size of wall signs: Five (5) percent of the area of 1
the wall to which it is attached; or seven (7) percent if the 2
front building setback is greater than seventy (70) feet; or ten 3
(10) percent if the front building setback is greater than one 4
hundred (100) feet. However, in no case shall a wall sign 5
exceed one hundred (100) square feet in size. 6
7
d. Roof signs are erected and constructed wholly on and over the roof 8
of a building, and are supported by the roof structure or are an 9
integral part of the roof. Roof signs are not permitted in the C-3 10
district. 11
12
e. Size computations: When these regulations establish the maximum 13
size of a sign, it shall be computed by means of the smallest square, 14
circle, rectangle, triangle, or combination thereof that will 15
encompass the extreme limits of the writing, representation, 16
emblem, or other display, together with any material or color 17
forming an integral part of the background of the display or used to 18
differentiate the sign any backdrop or structure against which it is 19
placed. 20
21
f. Allowable colors: Notwithstanding the regulations in Chapter 6 of 22
this Code, color tones utilized for all signs complying with these 23
regulations shall be compatible with surrounding area. 24
25
g. Lighting: Signs containing illumination shall be turned off by 12:00 26
a.m. (midnight) each night, or when the business closes, whichever 27
is later. 28
29
h. Appeals: Notwithstanding conflicting appeal procedures found 30
elsewhere in this Code, all requests for modifications to sign 31
regulations in the C-3 zoning district shall be made through the 32
special C-3 PUD procedures found below in 45-34.1(10). 33
34
(8) Surface water management. A complete surface water management system 35
shall be provided to current standards of the South Florida Water 36
Management District whenever a building or parking area is substantially 37
redeveloped. 38
39
(9) Location of business for retail sales of alcoholic beverages. 40
41
a. No licensed retail sales of alcoholic beverages shall be carried on 42
where the proposed place of business is within five hundred (500) 43
feet of a church, synagogue, temple or other place of worship. 44
45
Page 10 of 36
b. The method of measurement provided for above shall be made or 1
taken from the main front entrance of such church to the main front 2
entrance of the applicants proposed place of business along the route 3
of ordinary pedestrian traffic. 4
5
c. The restrictions of section 45-34.1(9), (1)[a.] shall not apply to the 6
retail sale of beer, ale or wine for off-premises consumption. 7
8
d. The restrictions of section 45-34.1(9), (1)[a.] shall not apply to any 9
bona fide restaurant as defined and licensed under Florida Statutes 10
as a restaurant with full kitchen facilities, regardless of size or 11
seating capacity, where alcoholic beverages are served solely as an 12
accessory use to the restaurant and only when such restaurant is open 13
for the sale and service of food. 14
15
(10) Special C-3 Planned Unit Development (PUD) provisions. Land in a C-3 16
zoning district may have fragmented ownership or may adjoin a municipal 17
boundary. Despite these complications, the Village of North Palm Beach 18
desires to provide for an added degree of flexibility in the placement and 19
interrelationship of the buildings and land uses in this district. One (1) or 20
more landowners in the C-3 district may elect to use these special PUD 21
procedures to seek approval of a site development plan that resolves 22
ownership or boundary complications and/or which differs from the literal 23
terms of these zoning and land development regulations. These procedures 24
may also be used to seek approval for certain land uses that are not permitted 25
by right in the C-3 district (see section 45-34.1(1) above) or to request a 26
specific modification to the sign regulations. However, any PUD approval 27
under these procedures must be consistent with the spirit and intent of the 28
C-3 zoning district and must also be consistent with the Comprehensive 29
Plan. It is the intention of the village to provide a mechanism and process 30
to promote the redevelopment of the obsolete and underutilized areas of the 31
C-3 zoning district with large-scale, master-planned projects that promote: 32
a mix of uses; connectivity; pedestrian-oriented development; removal of 33
surface parking; creation of public/civic gathering spaces; and shopping, 34
entertainment and restaurant uses within the form of an urban neighborhood 35
incorporating residential development as an integral use. These projects 36
promote the economic and redevelopment goals of the village, and the 37
village has created these planned unit development (PUD) provisions to 38
facilitate these goals. Properties in the C-3 zoning district that do not meet 39
the threshold criteria set forth below may utilize the general PUD provisions 40
of section 45-35.1 of this code as set forth in section 45-35.1(D). Properties 41
in the C-3 zoning district that do meet the threshold criteria below may, at 42
the option of the property owner, utilize the following special PUD 43
regulations: 44
a. The threshold criteria for use of these special provisions are as 45
follows: 46
Page 11 of 36
1
1. The development parcel includes a minimum of at least five 2
(5) contiguous acres of land that will be initially reviewed 3
and approved as one overall development project. Any 4
subsequent amendments to such plan or individual phases of 5
such plan shall also be subject to these special provisions. 6
7
2. The project provides a minimum of one-half (1/2) acre for a 8
civic space within the project site. “Civic space” shall be 9
defined as an open space that is dedicated for public use 10
including all adjacent pedestrian amenities. The civic space 11
may include, parks, plazas, courtyards, playgrounds, or 12
similar uses. The civic space may be owned, maintained 13
and/or operated either publicly or privately. The civic space 14
may be reconfigured or relocated from the orientation shown 15
on the regulating plan. Civic space provided pursuant to this 16
subsection shall be credited towards the public sites and 17
open spaces requirements of section 36-23 of this code. 18
19
3. To achieve a mixed-use project, a minimum of 50,000 20
square feet of the total project development shall be 21
allocated to non-residential uses. 22
23
4. The project provides additional public benefits in the form 24
of enhanced landscaping, the creation of a functional living, 25
shopping and/or working environments, or innovative 26
architectural design. 27
28
b. Additional land uses: The following land uses are not permitted by 29
right but may be approved in response to a specific PUD application: 30
31
1. Automobile, truck, or motorcycle dealers (new or used). 32
33
2. Cultural, civic, educational, health care, and religious 34
facilities. 35
36
3. Nursing or convalescent homes. 37
38
4. Offices for non-profit, religious, or governmental activities. 39
40
5. Automobile service stations, not involving automobile 41
repairs or maintenance, including ancillary uses of 42
convenience store and car wash. 43
44
a b. Allowable changes to existing regulations: No PUD approval can 45
permit any development that is inconsistent with the Comprehensive 46
Page 12 of 36
Plan. Subject to this limitation, changes may be considered through 1
this process to any zoning and land development regulation that the 2
village council finds would unduly constrain desirable re-use and/or 3
redevelopment of land in the C-3 zoning district. After any such 4
changes are made by the village council, those changes shall govern 5
to the extent of conflict with these regulations the village council 6
may grant waivers to the applicable regulations set forth in this 7
section and as otherwise provided in this chapter subject to the 8
following: 9
10
1. A waiver request in the C-3 zoning district cannot be used 11
to: 12
13
i. Add uses that are not allowable under this code; 14
15
ii. Increase the allowable floor area ratio; or 16
17
iii. Increase the allowable building height. 18
19
2. When evaluating waiver requests, the village will consider 20
the following factors and any additional criteria set forth in 21
the relevant zoning district: 22
23
i. The extent to which the alternate standard proposed 24
by the applicant differs from the code's standard that 25
would be waived; 26
27
ii. Whether the granting of the waiver will lead to 28
innovative design in which other minimum standards 29
are exceeded; 30
31
iii. Whether the request clearly demonstrates the public 32
benefits to be derived; 33
34
iv. Whether the request furthers the goals of the village 35
master plan, and exemplifies the architectural, 36
building, and site design techniques desired within 37
the village's appearance plan; 38
39
v. Whether the requested waiver can be granted in the 40
zoning district; 41
42
vi. Any unusual circumstances regarding the property or 43
immediate area, including the location of power 44
lines, specimen trees, or shade trees; and 45
46
Page 13 of 36
vii. The effect of approving or denying the waiver on the 1
development project and on the surrounding area. 2
3
c. Minimum PUD requirements Unified control: There is no minimum 4
parcel size for PUD applications. However, most favorable 5
consideration will be given to applications that encompass the 6
largest possible land area, and no parcel that is smaller than its size 7
when this section was adopted (March, 1995) may be submitted 8
unless it was properly platted through the provisions of these land 9
development regulations. All parcels submitted in a single PUD 10
application must be contiguous and must be owned by or be under 11
the unified control of the applicant. All common areas shall be 12
subject to joint maintenance by all of the property owners within the 13
PUD, and the unified control documents shall provide for reciprocal 14
easements over all streets, driveways, parking areas, pedestrian 15
areas and civic space in favor of all properties within the PUD. 16
While the village shall always treat the PUD as one project, portions 17
of the PUD may be conveyed to third parties by metes and bounds 18
once the unified control documents have been approved by the 19
village attorney and recorded in the county public records. 20
21
d. Application procedures: PUD applications made under this section 22
shall be accompanied by the applicable fee and shall contain the 23
following: 24
25
1. Satisfactory evidence of unified control of the entire area 26
within the proposed PUD; agreement to abide by the 27
conditions of approval, if granted; and ability to bind 28
successors in title to these conditions if the proposed 29
development is built. 30
31
2. A proposed master site development plan in sufficient detail 32
to show the approximate locations of buildings, parking 33
areas, and stormwater management facilities. This plan shall 34
also show the exact locations of all access points to public 35
streets and to any abutting land zoned C-3, whether in Lake 36
Park or North Palm Beach. The master plan shall also 37
include intensity of each use, maximum floor area ratio 38
(FAR), and building heights. The master plan may include 39
phased development. 40
41
3. Unless clearly shown directly on the site development plan, 42
an explicit list of zoning and land development regulations 43
for which changes are sought, and the proposed alternate 44
standards. An application and justification statement 45
describing the proposed land uses, identifying requested 46
Page 14 of 36
waivers, demonstrating compliance with all code 1
requirements, and setting for any volunteered limited 2
conditions furthering the intent of the C-3 zoning district. 3
4
4. A specific list describing any of the additional land uses 5
listed in section 45-34.1(10)b. for which the applicant is 6
requesting approval. Vehicular circulation plan and traffic 7
impact study completed by a certified transportation 8
engineer. 9
10
5. Any volunteered limiting conditions that could provide 11
assurances that the development as proposed would further 12
the intent and spirit of the C-3 district and the 13
Comprehensive Plan. Conceptual drainage plan and 14
statement prepared by a certified civil engineer. 15
16
6. Conceptual landscape design completed by a registered 17
landscape architect. 18
19
7. Preliminary plat 20
21
8. Conceptual architecture elevations and/or renderings and 22
any other information requested by the community 23
development director. 24
25
The site development plan, lists of alternate standards and additional 26
land uses, and volunteered conditions should be submitted in a 27
format suitable for attachment to an ordinance approving the 28
requests. 29
30
e. Approval process: PUD applications under this section shall be 31
forwarded along with recommendations from staff to the planning 32
commission, which after holding a public hearing shall make a 33
formal recommendation to the village council of approval, partial 34
approval, or disapproval. The village council shall also hold a public 35
hearing and decide whether to approve, partially approve, or 36
disapprove the PUD application. to take final action on the 37
application. Unless the application is disapproved in full, this action 38
shall be by ordinance. The applicant may then proceed to obtain 39
final site plan and appearance approval for specific phases of the 40
project (if applicable) as indicated in the approved master plan. all 41
other needed development permits in accordance with the village's 42
regulations. 43
44
f. Application review procedures abutting or crossing a municipal 45
boundary: Any PUD application for property abutting or crossing 46
Page 15 of 36
the Lake Park town boundary shall meet all of the above 1
requirements. In addition, to protect the interests of other C-3 2
landowners and the town, a decision on the PUD application shall 3
be made by the village council only at a joint meeting with the Lake 4
Park Town Commission. Regardless of the final governing body 5
approving the project, joint municipal staff review and a joint 6
meeting of the North Palm Beach planning commission and the 7
Lake Park planning and zoning board shall be required for approval. 8
Both municipalities shall review the master plan and subsequent site 9
plan and appearance approvals, unless otherwise provided for as part 10
of the master plan approval process. For projects proposed within 11
the jurisdictional boundaries of both Lake Park and North Palm 12
Beach, the project shall be reviewed in accordance with the 13
governing standards of whichever jurisdiction contains eighty 14
percent (80%) or more of the project area. The governing body of 15
the same jurisdiction, instead of both governing bodies, shall make 16
final approval, with recommendations from both advisory planning 17
boards. 18
19
g. Regulating Plan. Figure 1, Regulating Plan, identifies the 20
properties, frontage types and street locations for properties 21
developing under the special PUD regulations. 22
23
Page 16 of 36
Figure 1 – Regulating Plan 1
2
Page 17 of 36
h. Building frontage types. 1
2
1. Setbacks. The following setbacks shall apply to development 3
parcels approved through the site and appearance review 4
process: 5
6
i. Perimeter setbacks: All buildings fronting public 7
rights-of-way shall meet the front setbacks as 8
indicated in the regulating plan and further described 9
in Table 2. 10
11
ii. Additional setbacks to internal property lines, parcel 12
lines or private internal streets, drives or alleys: All 13
internal buildings shall meet the building frontages 14
as indicated on the regulating plan and described in 15
Table 2. 16
17
iii. Spacing between buildings: The minimum spacing 18
between individual buildings on the same property, 19
same parcel or adjoining C-3 properties shall be 20
determined by applicable fire and building codes. 21
22
23
Page 18 of 36
Table 2 - Building Frontage Types 1
The following frontage configurations shall be used within the properties designated on the 2
regulating plan. See Figure 1 for permitted frontage locations. 3
4
5
Frontage A1 6
7
8
Page 19 of 36
Frontage A2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Page 20 of 36
Frontage B 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Page 21 of 36
Frontage C 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Page 22 of 36
Frontage D 1
2
i. Building Frontage percentage: The building frontage 3
percentage is calculated by dividing the width of the building 4
by the width of the lot along the same street frontage. All 5
buildings shall have a minimum frontage of seventy percent 6
(70%) for internal streets and eighty percent (80%) along 7
Palmetto Drive, U.S. Highway One and Northlake 8
Boulevard. 9
10
j. Development Intensities: Master site development plans 11
proposed through this process shall have a maximum Floor 12
Area Ratio (FAR) of 2.75. The FAR is calculated by the 13
total gross area of the property, including existing and 14
proposed easements and proposed public and private streets 15
Page 23 of 36
and alleys multiplied by the FAR. The maximum building 1
area is limited by the maximum allowable FAR. “Building 2
area” means the total air-conditioned leasable or saleable 3
floor area of a building, including hallways, stairs, elevators 4
and storage spaces. The building area does not include: non-5
habitable enclosed areas on the rooftop; external unenclosed 6
circulation areas; parking areas and parking garages; 7
unenclosed colonnades, porches and balconies; and un-air-8
conditioned storage spaces. 9
10
k. Building Height: Buildings meeting each of the criteria of 11
these special PUD provisions set forth in subsection (10)(a) 12
above may have up to fourteen (14) stories and a maximum 13
height of one hundred seventy-five feet (175’), not including 14
roof-top amenities. However, buildings fronting U.S. 15
Highway One, Northlake Boulevard and Palmetto Drive 16
shall not exceed nine (9) stories or one hundred twenty feet 17
(120’) in height within fifty feet (50’) feet of the right-of-18
way. 19
20
For the purposes of calculating the number of stories in a 21
building, stories shall be defined as the space between the 22
finished floor and the top of the structural slab and adjusted 23
as follows: 24
25
1. Each level devoted to parking is considered as an 26
individual story when calculating the number of 27
stories in a building, except where parking levels are 28
screened by a liner building that is a minimum of 29
twenty feet (20’) deep and at least two (2) stories tall 30
or an enhanced and aesthetically pleasing 31
architectural feature that screens the parking. 32
33
2. When parking levels are constructed on a slope or are 34
connected by sloping or circular ramps, the number 35
of stories will be based on the non-sloped areas. If 36
there are no non-sloped areas, the number of stories 37
will be counted as the highest parking level plus each 38
parking level below. 39
40
3. A mezzanine will not count towards the number of 41
stories provided the total area of the mezzanine level 42
is less than forty percent (40%) of the floor area of 43
the main story below. 44
45
Page 24 of 36
4. Rooftop amenities shall not count as a story so long 1
as no more than forty percent (40%) of the rooftop 2
shall be fully enclosed, air-conditioned space. None 3
of the rooftop space is habitable for residential 4
purposes. 5
6
l. Floor to Floor Heights: Development may use the following 7
standards for the elevation of ground-floors and minimum/ 8
maximum dimensions for floor heights. These standards are 9
measured as follows in Table 3. 10
11
Table 3 - Floor to Floor Standards
Max.
Height of ground-story: 25’
Height of upper-story: 14'
12
Exceptions: The maximum floor to floor height standards in 13
Table 3 do not apply in the following circumstances: 14
15
1. A story in or under a building that is devoted to 16
parking is counted as a story when calculating the 17
number of stories in a building, but does not need to 18
comply with the maximum floor to floor heights in 19
Table 3. 20
21
2. When the total area of mezzanine level is less than 22
forty percent (40%) of the floor area of the story 23
below, the mezzanine level does not need to comply 24
with the maximum floor to floor heights in Table 3. 25
26
3. Any story that exceeds the height limitation of Table 27
3 will count as an additional story. 28
29
m. Architectural Features: 30
31
1. Main Entrances: 32
33
i. The main entrance for all buildings in these 34
special provisions is its principal point of 35
access for pedestrians. Main entrances must 36
face a street, alley, or civic space. 37
38
ii. Buildings fronting on two streets may have a 39
pedestrian entrance on both streets. 40
41
2. Facade Transparency: 42
Page 25 of 36
1
i. Transparency means the amount of 2
transparent window glass or other openings 3
in a building’s façade along a street frontage. 4
The transparency ratio requirement is 5
expressed as the percentage of the transparent 6
area divided by the entire façade area. It is 7
calculated separately for the ground story of 8
a façade and all upper story floors above the 9
first floor. 10
11
ii. A minimum of sixty percent (60%) 12
transparency shall be provided for all ground 13
floor non-residential building frontage and all 14
non-residential uses above the ground floor, 15
with the exception of garage structures and 16
floors above the ground floor that are part of 17
a parking structure which are exempt from 18
this requirement. 19
20
iii. Glazed windows and doors with tinted glass 21
or applied films will be considered 22
transparent if they transmit at least fifty 23
percent (50%) of visible daylight. 24
25
iv. The transparent area of windows and doors 26
include rails and stiles as well as muntin bars 27
and other separators within primarily glazed 28
areas; however, the transparent area excludes 29
outer solid areas such as jambs, sills and trim. 30
31
n. Street and Sidewalk Standards: 32
33
1. Streets and blocks are indicated on the Regulating 34
Plan, Figure 1. Final development plans may deviate 35
from the alignment of those streets provided the 36
modification provides equivalent functionality to 37
intersections with U.S. Highway One and roads 38
within the Town of Lake Park. Modifications shall 39
be requested through the PUD application process. 40
41
2. Streets shall be designed in accordance with Figure 2 42
and shall be built concurrently with the development 43
or a phasing plan approved by the village. 44
45
Page 26 of 36
3. To encourage pedestrian circulation, minor streets 1
may be designed primarily for pedestrian use with 2
the ability to accommodate service and emergency 3
vehicles when required. 4
5
4. All streets within the C-3 zoning district shall be 6
owned and maintained privately unless otherwise 7
approved by the village. 8
9
5. Alleys may be proposed between streets shown on 10
the regulating plan. 11
12
6. Sidewalks adjacent to the U.S. Highway One and 13
Northlake Boulevard rights-of-way shall be a 14
minimum of eight feet (8’) in width. All sidewalks 15
shall be a minimum of six feet (6’) in width. 16
17
7. One-way streets shall only be permitted adjacent to a 18
civic space, following the lane width, parking and 19
planter dimensions shown in Figure 2. All one-way 20
streets shall be in addition to the proposed streets 21
shown on the regulating plan. A traffic circulation 22
plan shall be included with the master plan 23
application to ensure anticipated connections are 24
maintained. 25
26
Page 27 of 36
1
Figure 2 2
3
4
5
Description: Details: Key:
Width of right-of-way 60’min. A
Movement type Slow
Target speed 25 mph
Width of pavement 36’min. B
Travel lanes 10’ min. travel lanes C
Bicycle facilities shared travel lanes C
On-street parking 8’ min parallel parking D
Pedestrian facilities 12’min. E
Furnishing strip: F
Tree spacing 30’ average
6
o. Landscape Standards. All landscaping shall meet the 7
requirements of the Article VIII (Landscaping) of this 8
chapter unless a waiver is requested through the PUD 9
process. 10
11
p. Parking Standards. Parking shall meet the requirements of 12
this subsection. Dimensions and specifications for parking 13
shall meet section 45-36.J of this code. 14
15
1. Parking space ratios: Table 4 provides parking space 16
ratios for various uses on a site within the PUD. 17
These ratios establish the minimum number of on-18
site parking spaces. Ratios based on square feet refer 19
to the gross floor area. 20
Page 28 of 36
Table 4_-_Parking Space Ratios
PROPOSED USE PARKING SPACE
RATIO RESIDENTIAL USES
Dwelling, all other dwelling types
Efficiency 1 per unit
1 bedroom 1.25 per unit
2 or more bedrooms 1.75 per unit
Live/work unit 1 per 1,000 sq. feet
Assisted living facility 0.5 per resident
Community residential home 0.5 per resident
LODGING USES
Bed-and-breakfast establishment 1 per guest room
Hotel 1 per guest room
Motel 1 per guest room
Time-share unit 1.25 per unit
BUSINESS USES
Offices, general 2 per 1,000 sq. feet
Office or clinic, medical or dental 3 per 1,000 sq. feet
Stores & services, general 2 per 1,000 sq. feet
Stores & services, large format 3 per 1,000 sq. feet
Convenience store with fuel 5 per 1,000 sq. feet
Dog daycare 3 per 1,000 sq. feet
Drive-through facility (for any use) ---
Garage, parking ---
Restaurant or cocktail lounge 10 per 1,000 sq. feet
Telecommunications antennas ---
CIVIC & EDUCATION USES
Child care facility 1 per 12 students
Church or place of worship 1 per 4 peak attendees
Civic space ---
Family day care (no additional parking)
Government building 2 per 1,000 sq. feet
Public space ---
School, public or private 1 per 12 students
Page 29 of 36
2. Parking space adjustments. The number of on-site
parking spaces calculated in accordance with Table
4 shall be adjusted under any one or more of the
following circumstances:
i. Mixed-use developments qualify for the
shared-parking percentage reductions
specified in Table 5 provided the
development includes at least ten percent
(10%) of its gross floor area in a second
category of Figure 4 (residential, lodging,
office, business, and civic/education uses).
ii. Required spaces may be located up to five
hundred (500) feet off-site in a dedicated or
joint-use parking lot provided that
permission to use those spaces is specified
in a binding agreement that is reviewed and
approved during the site plan and
appearance review process.
iii. Golf cart parking spaces may be provided
with minimum dimensions of five (5) feet
wide by ten (10) feet long. However, none
of the development's required parking
spaces may be met by golf cart parking
spaces.
Table 5 - Shared Parking Reductions
Page 30 of 36
3. A deferred parking plan may be approved by the
village if a parking study is provided that
demonstrates the need for parking is less than what
is required by code, or the owner has demonstrated
that an alternative means of access to the uses on the
site justifies the deferral of the construction of a
portion of the required parking spaces. The deferred
parking plan shall:
i. Be designed to contain sufficient space to
meet the full parking requirements of the
code. The plan shall illustrate the layout for
the full number of parking spaces, and shall
designate which parking spaces are to be
deferred.
ii. Be designed so that the deferred parking
spaces are not located in areas required for
landscaping, buffer zones, or areas that
would otherwise be unsuitable for parking
spaces because of the physical
characteristics of the land or other
requirements of this code.
4. Physical standards for parking lots, driveways, and
loading: Physical standards for outdoor parking lots,
driveways and loading are contained herein or as
modified by a request through the PUD process. No
parking shall be located within the building frontage
setback.
5. Standards for parking garages: Parking spaces may
be provided under or in buildings or in dedicated
parking garages instead of being provided in
uncovered surface parking lots. Such parking spaces
need not comply with the minimum setbacks for
surface parking lots. These parking spaces must be
screened from view from all streets. Screening may
be provided by rooms in the same building or with a
liner building that is at least two (2) stories tall with
space at least twenty feet (20’) feet deep or an
enhanced and aesthetically-pleasing architectural
feature screening the same two (2) stories.
Page 31 of 36
q. Sign Standards: All projects shall provide a sign plan that shall be
reviewed and approved by the village during site plan and
appearance approval. Pedestrian oriented signs are strongly
encouraged and no ground signs shall be permitted as part of the
PUD.
r. Lighting Standards: A photometric plan shall be provided during
site plan and appearance review. The plan shall include all luminaire
specifications, pole locations, and foot-candle levels on directly
adjacent properties. Light trespass shall be limited to the largest
extent possible.
Section 3. The Village Council hereby amends Article III, “District Regulations,” of 1
Appendix C (Chapter 45) of the Village Code of Ordinances by amending Section 45-35.1 to read 2
as follows (additional language underlined and deleted language stricken through): 3
4
Sec. 45-35.1. - Planned unit development. 5
6
I. Statement of intent. 7
8
A. The intent of this section is to provide, in the case of a 9
commercial planned unit development consisting of one 10
(1.0) or more acres, in the case of an industrial planned unit 11
development consisting of one (1.0) or more acres, and in 12
the case of a residential planned unit development, an added 13
degree of flexibility in the placement and interrelationship of 14
the buildings and uses within the planned unit development, 15
together with the implementation of new design concepts. At 16
the same time the intensity of land use, density of population 17
and amounts of light, air, access and required open space will 18
be maintained for the zoning district in which the proposed 19
project is to be located, except as may be permitted for key 20
redevelopment sites through subsection 45-35.1.VIII. 21
Nothing herein should be construed as allowing deviation for 22
uses other than those specified as permitted uses, nor any 23
greater intensity of use or density of population nor any less 24
required open space than that which is specified in this 25
chapter for the zoning district in which a proposed project is 26
located, except as may be permitted through subsection 45-27
35.1.VIII. 28
29
B. Subject to the foregoing statement of intent, the village 30
council may, in the case of commercial, industrial and 31
residential planned unit developments, allow for minor 32
modification of the provisions of this chapter or other land 33
Page 32 of 36
development regulations in accordance with the procedure 1
set forth in subsections II, III, IV and V. 2
3
C. The Planned Unit Development procedures in section 45-4
35.1 may not be used in the following zoning districts which 5
provide a different process for considering minor 6
modifications: 7
8
1. C-MU the C-MU zoning district allows waivers (see 9
the C-MU zoning district and section 45-51). 10
11
2. C-3 the C-3 zoning district contains special PUD 12
procedures that apply only to that district (see 13
subsection 45-34.1.K). 14
15
3 2. C-NB the C-NB zoning district allows waivers (see 16
the C-NB zoning district and section 45-51). 17
18
D. The Planned Unit Development procedures in section 45-19
35.1 may be used in the C-3 zoning district where the 20
property does not meet the threshold criteria for use of the 21
special Planned Unit Development procedure set forth in 22
section 45-34.1(10) of this code. The minimum size 23
requirement set forth in subsection A above shall not be 24
applicable to such Planned Unit Developments within the C-25
3 zoning district. 26
27
28
Section 4. The Village Council hereby amends Article VII, “Nonconforming Uses of Land 29
and Structures,” of Appendix C (Chapter 45) of the Village Code of Ordinances by amending 30
Section 45-65 to read as follows (deleted language stricken through): 31
32
Sec. 45-65. Nonconforming uses of structures or of structures and premises 33
in combination. 34
35
(1) If a lawful use involving individual structures with a replacement cost of 36
one thousand dollars ($1,000.00) or more, or of structure and premises in 37
combination, exists at the effective date of adoption or amendment of this 38
ordinance, that would not be allowed in the district under the terms of this 39
ordinance, the lawful use may be continued so long as it remains otherwise 40
lawful, subject to the following provisions: 41
42
(a) No existing structure devoted to a use not permitted by this 43
ordinance in the district in which it is located shall be enlarged, 44
extended, constructed, reconstructed, moved or structurally altered 45
Page 33 of 36
except in changing the use of the structure to a use permitted in the 1
district in which it is located; 2
3
(b) Any nonconforming use may be extended throughout any parts of a 4
building which were manifestly arranged or designed for such use 5
at the time of adoption or amendment of this ordinance, but no such 6
use shall be extended to occupy any land outside such building; 7
8
(c) Any structure, or structure and land in combination, in or on which 9
a nonconforming use is superseded by a permitted use, shall 10
thereafter conform to the regulations for the district in which such 11
structure is located, and the nonconforming use may not thereafter 12
be resumed; 13
14
(d) When a nonconforming use of a structure, or structure and premises 15
in combination, is discontinued or abandoned for six (6) consecutive 16
months or for eighteen (18) months during any three-year period 17
(except when government action impedes access to the premises), 18
the structure, or structure and premises in combination, shall not 19
thereafter be used except in conformance with the regulations of the 20
district in which it is located; 21
22
(e) Where nonconforming use status applies to a structure and premises 23
in combination, removal or destruction of the structure shall 24
eliminate the nonconforming status of the land. Destruction for the 25
purpose of this subsection is defined as damage to an extent of more 26
than fifty (50) percent of the replacement cost at time of destruction. 27
28
(2) If an existing use of a structure was legally permitted on its site prior to 29
changes in the C-MU, C-3, or C-NB zoning districts in 2020 but is not listed 30
as a permitted use in the new district, that existing use will continue to be 31
deemed a permitted use and will not be subject to the restrictions in section 32
45-65(1)(a)-(c) and 45-65(1)e. Notwithstanding the foregoing, these uses 33
will not be allowed to continue if discontinued or abandoned as defined 34
by 45-65(1)(d). 35
36
(3) Nonconformities not involving the use of a principal structure, e.g., open 37
storage, building supplies, vehicle, mobile home, implement and machinery 38
storage, signs, billboards, junkyards, commercial animal yards and the like, 39
shall be discontinued within two (2) years of the effective date of this 40
ordinance or amendment. 41
42
Section 5. The Village Council hereby amends Article VIII, “Landscaping,” of Appendix C 43
(Chapter 45) of the Village Code of Ordinances to read as follows (additional language underlined 44
and deleted language stricken through): 45
46
Page 34 of 36
* * * 1
2
Sec. 45-90. Landscape requirements for site perimeters. 3
4
A. Minimum buffer width for site perimeters. A landscape buffer of the widths 5
specified in Table 45-90 shall be provided around the perimeter of all 6
parcels in the specified zoning districts. 7
8
Table 45-90 – Minimum Buffer Widths 9
Front Yard Side Yard Rear Yard
R-3 8 feet 5 feet 1 5 feet
C-MU 5 feet 2 - 5 feet
C-2 G 8 feet 10 feet 5 feet 3
C-3 5 feet 2 - 5 feet 4
C-NB 5 feet - 5 feet
All other commercial 5 feet 5 feet 5 4 5 feet
I-1 see section 45-38
10
NOTES: 11
12
1 Only required in side yards that adjoin R-1 or R-2 districts 13
2 Does not apply to all building frontage types; along U.S. Highway 1 and 14
Northlake Boulevard, the front yard landscape buffer may not be placed on a 15
sidewalk easement (see subsections 45-31.E.6 and 45-34.1.H) 16
3 Not required on parcels that adjoint the railroad right-of-way 17
4 Only required on parcels that adjoint U.S. Highway 1 or Northlake Boulevard 18
(see subsection 45-34.1.H) 19
5 4 Only required in side yards that adjoint less intense zoning districts (any 20
residential district) 21
22
* * * 23
24
Sec. 45-91. Landscape requirements for base of foundation. 25
26
A. Location and width. 27
28
1. There shall be foundation landscaping within five (5) feet of all 29
buildings and structures. 30
31
a. These landscape areas shall be provided along all four (4) 32
facades of all structures, excluding rear service areas not 33
visible by a public road right-of-way or not generally 34
traveled by the public or visible from adjacent structures. 35
36
Page 35 of 36
b. The combined length of the required foundation planting 1
shall be no less than forty (40) percent of the total length of 2
the applicable side of the structure. 3
4
2. This requirement shall not apply in the C-MU and C-3 zoning 5
districts in front of buildings that meet the standards for a gallery, 6
storefront, or canopy building frontage type. 7
8
B. Minimum standards. 9
10
1. When required, foundation landscaping shall always extend along 11
the portions of a facade that directly abut a street, a parking lot, and 12
other vehicular use areas, excluding doorways. 13
14
2. A minimum of one (1) tree shall be planted for each seventy-five 15
(75) linear feet of building perimeter, using a species suitable for 16
this location. The remainder of the landscape area shall be treated 17
appropriately with plantings which may include shrubs, vines, 18
flower boxes, ground cover, and mulch, and with pedestrian 19
accessways. 20
21
Section 6. The provisions of this Ordinance shall become and be made a part of the Code of 22
the Village of North Palm Beach, Florida. 23
24
Section 7. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for 25
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, 26
such holding shall not affect the remainder of this Ordinance. 27
28
Section 8. All ordinances or parts of ordinances and resolutions or parts of resolutions in 29
conflict herewith are hereby repealed to the extent of such conflict. 30
31
Section 9. This Ordinance shall take effect upon the effective date of Ordinance No. 2023-05. 32
33
PLACED ON FIRST READING THIS _____ DAY OF ________________, 2023. 34
35
PLACED ON SECOND, FINAL READING AND PASSED THIS _____ DAY OF ___________, 36
2023. 37
38
39
(Village Seal) 40
MAYOR 41
42
ATTEST: 43
44
45
VILLAGE CLERK 46
Page 36 of 36
APPROVED AS TO FORM AND 1
LEGAL SUFFICIENCY: 2
3
4
VILLAGE ATTORNEY
3-1
3.0 FUTURE LAND USE
3.1 INTRODUCTION
The Future Land Use element is required to be included within the Comprehensive Plan
per requirements of state planning law and rule criteria. Specifically, Chapter 163.3177(6 )
(a), Florida Statutes, establishes the Future Land Use element requirement and Chapter
9J-5.006 Florida Administrative Code, establishes minimum criteria to guide its
preparation.
A summary of the data, analysis and support documentation necessary to form the basis
for Future Land Use goal, objectives and policies is presented in Chapter 3 of the Village
of North Palm Beach, Florida Comprehensive Plan Support Documentation report dated
1999, Village of North Palm Beach Evaluation and Appraisal Report dated 2007, the U.S.
Highway 1 Corridor Study, dated 2008, and the EAR-Based Amendment Support
Documentation dated 2009.
3.2 VILLAGE GOAL STATEMENT
Ensure that the current character of North Palm Beach is maintained, while allowing
remaining vacant parcels to be developed and redeveloped in a manner consistent with
present residential neighborhoods and commercial areas.
Further, ensure that the Village remains primarily a residential community offering: (1) a
full range of municipal services; (2) diversity of housing alternatives consistent with
existing residential neighborhoods; (3) commercial development opportunities compatible
with established location and intensity factors; and (4) a variety of recreational activities
and community facilities oriented to serving the needs and desires of the Village.
Various land use activities, consistent with these Village character guidelines, will be
located to maximize the potential for economic benefit and the enjoyment of natural and
man-made resources by residents and property owners, while min imizing potential
threats to health, safety and welfare posed by hazards, nuisances, incompatible land uses
and environmental degradation.
It is also the intention of the Village to provide mechanisms and processes to promote the
redevelopment of obsolete, underutilized, and underproductive areas of the Village. The
Village shall provide flexibility in the land development regulations to promote such
redevelopment, including but not limited to encouraging mixed -use development,
connectivity, pedestrian-oriented development, reduction of dependence on vehicles,
creation of open/public/civic gathering spaces, and otherwise promoting the economic,
development, housing, and other public policy goals of the Village.
3.3 OBJECTIVES AND POLICIES
OBJECTIVE 1.A.: Future growth and development shall be managed through the
preparation and adoption of land development regulations which: (1) coordinate future
development with the appropriate natural features (i.e. topography, soil conditions, flood
3-2
prone areas and natural habitats) and the availability of facilities and services; (2) prevent
uses inconsistent with the Village Goal Statement and Future Land Use Map Series; (3)
require the maintenance of the Village building stock; and (4) discourage the proliferation
of urban sprawl; and promote energy-efficient land use patterns accounting for existing
and future power generation and transmission systems.
Policy 1.A.1: Maintain land development regulations that shall contain specific and
detailed provisions required to implement the adopted Comprehensive Plan, and which
as a minimum:
a. Regulate the subdivision of land;
b. Regulate the use and intensity of land development consistent with this element in a
manner to ensure the compatibility of adjacent land uses consistent with the Future Land
Use Map Series and provide for recreation and open space consistent with levels -of-
service established in the Recreation and Open Space Element by requiring all new
developments to donate or provide 5% of the residential site for recreational purposes;
c. Protect environmentally sensitive lands designated on Figures 3A and 3B of the Future
Land Use Map Series;
d. Regulate areas subject to seasonal and periodic flood ing by requiring a minimum first
floor elevation of 8.5 feet NGVD and a drainage system which meets adopted Level -of-
Service Standards;
e. Regulate signage;
f. Ensure safe and convenient on-site traffic flow and vehicle parking needs;
g. Ensure that public facility, utility and service authorization has been procured prior to
issuing any development order;
h. Provide that development orders and permits, consistent with Policies 5.1 and 5.2 of
the Capital Improvements Element, shall not be issued which result in a reduction of the
levels of service for the affected public facilities below the Level-of-Service (LOS)
Standards adopted in the Capital Improvements element (Ref: Table 11-1);
i. Provide for the proper maintenance of building stock and property by continually
updating and enforcing adopted building, housing and related codes;
j. Designate an urban service area (Ref: Objective 6; Capital Improvements element);
and
k. Regulate the development of sites containing historic sites, as per the Future Land Use
Map Series, to assure their protection, preservation and/or sensitive reuse.
Policy 1.A.2: An official zoning map shall be adopted and maintained which assures that
the location and extent of non-residential land uses is consistent with the Future Land
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Use Map Series. Planning Areas may include non-residential uses such as schools,
public facilities, other public facilities, and recreational uses, etc., as indicated on the
Future Land Use Map Series and/or as allowed as special exception uses in the Village
Zoning Code.
Policy 1.A.3: Land development regulations adopted to implement this Comprehensive
Plan shall be based on and be consistent with the following standards for residential land
use densities as indicated below.
a. Conservation/Open Space - Maximum of one unit per upland acre;
b. Low density residential - fewer than 5.80 residential units per gross acre;
c. Medium density residential - 5.81 to 11.0 residential units per gross acre; and
d. High density residential - 11.1 to 24.0 residential units per gross acre.
In any event, specific entitled residential densities within the ranges listed above shall be
subject to the application of the site development criteria (e.g. setbacks, height limitations
and site dedications, etc.) promulgated in the Village Land Development Regulations.
Policy 1.A.4: Land Development regulations adopted to implement this Comprehensive
Plan shall be based on and be consistent with the following standards for non -residential
land use intensities as indicated below:
a. Location shall be in accordance with the Future Land Use Map. Commercial uses
shall not be permitted within areas designated for residential development on the
Future Land Use Map Series;
b. Maximum lot coverage ratio shall be governed by applicable land development
regulations;
c. Maximum building height shall be governed by applicable land development
regulations and shall be consistent with the Village of North Palm Beach Citizens’
Master Plan Report, adopted by Resolution 2016-73 on October 27, 2016, and
compatible with neighboring land uses; and
d. Adequate off-street parking and loading facilities.
e. Maximum Floor-Area-Ratios for non-residential land uses shall be established as
follows:
1. Commercial, religious, and institutional land uses: A maximum of 0.70 for
mixed-use development and 0.35 for all other non -residential land uses along
U.S. Highway No. 1, north of the Parker Bridge; a maximum of 1.10 along U.S.
Highway No. 1, from the Parker Bridge, south to Northlake Boulevard; a
maximum of 0.70 along U.S. Highway No. 1, south of Northlake Boulevard;
and a maximum of 0.70 along Northlake Boulevard and S.R. Alternate A -1-A.
The following areas shall be exempt from this requirement to implement the
2016 Citizens’ Master Plan:
▪ The Twin City Mall site, and subject to the latest land development regulations
of the C-3 zoning district, which have been was jointly developed by the Village
and the Town of Lake Park.
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▪ The C-MU zoning district along U.S. Highway No. 1, updated in accordance with
the Citizens’ Master Plan.
▪ Other key redevelopment sites that are explicitly identified in the Village’s land
development regulations to carry out the Citizens’ Master Plan.
2. Educational Uses: A maximum of 0.15;
3. Recreation and Open Space Uses: A maximum of 0.05
4. Light Industrial/Business Uses: A maximum of 0.45.
Policy 1.A.5: Land development regulations shall contain performance standards which
address:
a. Buffering and open space requirements;
b. Landscaping requirements; and
c. A requirement for the environmental assessment of development proposals, including
eliminating exotic plant species.
Policy 1.A.6: Land development regulations shall contain planned unit development
provisions which allow design flexibility within projects under unity of title as a means of
preserving natural resources delineated on Figures 3A and 3B, and protecting
Conservation Use lands designated on the Future Land Use Map.
Policy 1.A.7: Future development shall be permitted only when central water and
wastewater systems are available or will be provided concurrent with the impacts of
development.
Policy 1.A.8: Residential subdivisions shall be designated to include an efficient system
of internal circulation, including the provision of collector streets to feed traffic to arterial
roads and highways.
Policy 1.A.9: In 2020, the Village revised its land development regulations and this
Comprehensive Plan to implement the provisions and guiding principles of the Village of
North Palm Beach Citizens’ Master Plan Report, adopted by Resolution 2016 -73 on
October 27, 2016.
OBJECTIVE 1.B: The Village desires to enhance certain aging commercial corridors that
have a Commercial Future Land Use designation, into walkable and bikeable centers of
vibrant activity. Current business uses along these corridors will be supplemented with
new residential and mixed-use development as described in Policy 1.B.4.
Policy 1.B.1: The following use and intensity standards shall be used to promote land
use efficiency in mixed-use infill and redevelopment activities, and determine maximum
development potential on a given parcel of land:
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1. Maximum development potential: Maximum commercial development potential
is subject to the floor-area limitations established in Policy 1.A.4, subject to the
application of the Village's land development regulations.
2. Permitted uses: Permitted uses shall be specified in each zoning district that
allows mixed-use development (see Policy 1.B.4).
3. Residential density: Dwelling units in Commercial designations shall not exceed
a density of 24 units per acre or as further limited by except where density and
intensity are regulated solely through the application of a maximum floor area ratio
(FAR) as set forth in the applicable zoning district regulations. Developments that
qualify for the workforce housing density bonus described in Policy 1.B.2 may
construct up to 12 additional units per acre).
4. Height limitations: The maximum height shall be limited to that allowed by the
underlying commercial or mixed-use zoning district.
Policy 1.B.2: Workforce housing density bonus: Except where density and intensity
are regulated solely through the application of a maximum floor area ratio (FAR), Tthe
maximum residential density of a mixed-use development shall be increased from 24 to
36 units per acre provided that either: (a) bonus units are constructed on -site; or (b)
funding is provided to assist in an workforce housing program in another jurisdiction or an
appropriate alternative, as determined by the Village of North Palm Beach. If alternative
(a) is selected, 50% of the bonus units shall qualify for any of the four (4) eligible income
group categories based on Average Median Income (AMI) set forth in the County's
Workforce Housing Program income guidelines. No more than 50% of the workforce
housing units shall be in the 120-140% category. If alternative (b) is selected, an amount
equal to 5% of the cost of the vertical construction of the bonus units shall be contributed
to the Palm Beach County Affordable Housing Trust Fund, or other appropriate
alternative, as determined by the Village of North Palm Beach.
Policy 1.B.3: Assisted Living Facilities, as defined in Section 429.02(5) of the Florida
Statutes and licensed by the Florida Agency for Health Care Administration may be
permitted as mixed-use developments through the commercial planned unit development
approval process, or the special exception process if authorized by the Village’s land
development regulations, subject to the following use and intensity standards:
1. A mixed-use Assisted Living Facility shall provide assistance with activities of
daily living, as defined in Section 429.02(1) of the Florida Statutes and special care
for persons with memory disorders, as regulated by Section 429.178 of the Florida
Statutes.
2. Required uses: Each mixed-use Assisted Living Facility shall contain a residential
component, together with a non-residential component consisting of administrative
offices, central kitchen and communal dining facilities, and separate or shared spaces
for the provision of medical, recreation, social, religious, and personal services.
3. Mix of required uses: The residential component shall comprise a minimum of
50% and the non-residential component shall comprise a maximum of 20% of the
gross floor area of a mixed-use Assisted Living Facility.
4. Maximum floor area: Maximum mixed-use Assisted Living Facility development
potential is subject to the floor-area limitations established in Policy 1.A.4, subject to
the application of the Village's land development regulations.
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5. Maximum resident occupancy: The residential density of a mixed-use Assisted
Living Facility may be increased by the Village Council to an equivalent of 24 units per
acre. The maximum resident occupancy shall then be determined by multiplying the
equivalent residential density by 1.97 residents per unit. Maximum resident occupancy
shall be determined on a project-by-project basis based upon an assessment of site
characteristics and the application of Village land development regulations.
6. Height limitations: The maximum height of a mixed-use Assisted Living Facility
shall be determined by the application of Policy 1.B.1.6.
7. Waivers for reductions in minimum dwelling unit size and parking requirements
may be requested during the commercial planned unit development or other
authorized approval process.
Policy 1.B.4: Residential and mixed-use developments may be approved in areas with
a Commercial Future Land Use designation in order to achieve a mixed -use development
pattern. The Village may use any of the following mechanisms to achieve the desired
pattern:
The mixed-use provisions in the C-MU zoning district along US. Highway No. 1
between Yacht Club Drive and the Earman River, which are intended to evolve
that district into a mixed-use development pattern that remains predominately
commercial along US Highway No. 1.
The mixed-use provisions in the C-T zoning district in the southwest portion of the
Village.
The commercial planned unit development process in other zoning districts.
OBJECTIVE 2: Development and redevelopment activities shall be undertaken in a
manner to ensure the protection of natural and historic resources and the Village
character as prescribed in the Future Land Use Element Goal Statement and the Village
Character Statement (Ref: Chapter 2.0).
Policy 2.1: The developer/owner of any site shall be responsible for the on-site
management of stormwater runoff in a manner so that post -development runoff rates,
volumes and pollutant loads to not exceed pre -development conditions and preserve
existing natural drainage features, as per Chapters 40E-4, 40E-40 and/or 40E-41, Florida
Administrative Code.
Policy 2.2: The Village land development regulations shall regulate business activities
which have the potential to contaminate land and water resources by requiring said
businesses to notify the Palm Beach County Department of Environmental Resources
Management regarding the storage, use and/or disposal of potentially hazardous or
toxic substances. This requirement shall be implemented by the Village through the Palm
Beach County Wellfield Protection Ordinance (Ref: Section 9.3, Palm Beach County
Unified Land Development Code).
Policy 2.3: The Village shall encourage, through its participation on the Seacoast Utility
Authority Governing Board, protection of potable water wellfields by regulatory authorities
having land use jurisdiction in aquifer recharge areas se rving Seacoast Utility Authority
systems.
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Policy 2.4: The clearing of any wetlands vegetation or land assigned a Conservation
Land Use Category on the Future Land Use Map Series shall not be approved by the
Village until such time that appropriate permits have been procured, by the developer,
from the Palm Beach County Environmental Resources Management or Health
Departments and the Florida Department of Environmental Protection.
Policy 2.5: At the time of each required Evaluation and Appraisal Report and
Comprehensive Plan update, the Village shall consider the need for the identification,
designation and protection of additional historically significant properties under the
provisions of the Standard Housing Code.
Policy 2.6: Within 18 months after the South Florida Water Management District updates
the Lower East Coast Regional Water Supply Plan, the Village shall update the Water
Supply Facilities Work Plan to determine whether or not adequate water supply is
available to meet projected needs of the ensuing 10-year period.
OBJECTIVE 3: All development orders and permits for future development and
redevelopment activities shall be issued only if public facilities necessary to meet Level
of Service (LOS) standards are available concurrent with the impacts of the development.
Further, require that all on-site lands for rights-of-way, easement, etc., be conveyed to
the proper authority prior to the issuance of building permits.
Policy 3.1: The development of residential and commercial land shall be timed and
staged in conjunction with the provision of supporting community facilities, such as
streets, utilities, police and fire protection service, emergency medical service, and public
schools.
Policy 3.2: Public facilities and utilities shall be located to: (1) Maximize service
efficiency; (2) minimize public costs; and (3) minimize impacts upon the natural
environment.
Policy 3.3: Remaining properties currently not utilizing central water and wastewater
systems shall be governed by the provisions of: (1) Chapter 381.272, Florida Statutes;
(2) Chapter 10D-6, Florida Administrative Code; and (3) Palm Beach County
Environmental Control Rule - 1. These codes regulate the use and installation of
individual sewage disposal systems.
Policy 3.4: The Village shall update its population projections at the time of the approval
of a Comprehensive Plan amendment or development order permitting an increase in
residential units.
OBJECTIVE 4: The Village shall coordinate with appropriate governments and agencies
to minimize and mitigate potential mutual adverse impacts of future development and
redevelopment activities.
Policy 4.1: Requests for development orders, permits or project proposals shall be
coordinated by the Village, as appropriate, with a djacent municipalities by participating in
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IPARC, Metropolitan Planning Organization, Palm Beach County, School District of Palm
Beach County, Treasure Coast Regional Planning Council, Special Districts, South
Florida Water Management District and state and federal agencies.
Policy 4.2: All future high density residential development, with the following exceptions,
shall be directed to areas west of U.S. Highway No. 1 as a means of coordinating coastal
area population densities with the County Hurricane Evacuation Plan:
1. Properties located east of U.S. Highway No. 1 that are currently assigned a High
Density Residential future land use designation;
2. Properties that have frontage on and access to the east side of U.S. Highway No. 1,
provided a determination is made by the Village, based upon a professionally competent
study, that the hurricane evacuation provisions of F.S. 163.3178(9)(a) are complied with.
Policy 4.3: Although there are currently no resource planning and management plans
prepared pursuant to Chapter 380, Florida Statutes, in effect within North Palm Beach,
the Village shall participate in the preparation and implementation of said plans should
they become necessary.
Policy 4.4: In the event of a proposed future annexation of sufficient size to site a school,
or co-locate a school with public facilities (e.g. parks, libraries, and community centers),
the Village shall coordinate with the Palm Beach County School Board to determine the
need for an additional school site in the area. If it is determined that there is a need, and
that a school site can be accommodated, the proposed annexation shall provide for the
school site.
Policy 4.5: The Village shall promote mixed-use development along its major
transportation corridors, and cooperate with Palm Beach County to develop new and
improved forms of transit as a means of reducing greenhouse gas emissions resulting
from traffic congestion.
Policy 4.6: During the review of any development or redevelopment proposal, the Village
shall determine the feasibility of cross-access with neighboring parcels as a means to
promote more efficient travel.
Policy 4.7: The Village shall educate the public regarding the placement and
maintenance of canopy trees and other landscape materials to strategically provide shade
and reduce energy consumption.
OBJECTIVE 5: Special land use policies shall be developed by North Palm Beach when
necessary to address site-specific issues related to implementing the Village Goal
Statement. Refer to the Future Land Use Map Atlas for parcel locations which are the
subject of specific special policies.
Special Policy 5.1: Historic properties with an assigned Florida Master Site File
reference number shall be identified on Planning Area maps located in the Future Land
Use Map Atlas.
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Special Policy 5.2: Utilize the mixed-use provisions of the Village’s Commercial Planned
Unit Development (CPUD) Ordinance as a means of developing the property delineated
as “Special Policy 5.2 on Map 2 of the Future Land Use Map Atlas in a transition mode
from Commercial (i.e. compatible to the C-B Zoning District) to Residential (i.e.
compatible to the R2 Zoning District) running from U.S. Highway No. 1 east to Lake Worth.
Maximum gross density shall not exceed 10-11 DU/AC. Non- residential development
pods shall comply with the Floor-Area-Ratio standards listed in Policy 1.4 of the Future
Land Use element. Development of the property shall be subject to the Village Council
approval of site plan and PUD applications. The following uses shall be excluded from
this development: (1) Golf club and its accessory uses such as restaurant, bar, driving
range and equipment store; (2) bowling alley; (3) filling stations; (4) dry cleaning plants;
(5) mobile home park; and (6) adult entertainment establishment.
Special Policy 5.3: As a means of preserving native vegetative species in Planning Area
6A, encourage the use of the Planned Unit Development by allowing the clustering of
residential units in defined buildable areas (i.e. all areas in Planning Area 6A are as
“buildable”, with the exception of those delineated on Figure 3-3.
Special Policy 5.4: Require all new developments in Planning Areas 1 and 6A to perform
an environmental assessment to define potential impacts upon the viability of vegetative
species and/or habitats delineated on Figure 3. The impact assessment shall include
necessary techniques and/or controls to maintain species and/or habitats in their current
condition or mitigate potential impacts.
Special Policy 5.5: (Reserved).
Special Policy 5.6: As a means of enhancing the commercial character of the area along
Northlake Boulevard through renovation and/or redevelopment, maintain a waiver
process which may allows proposed projects to depart from the strict interpretations of
the Zoning Code if, after review by the Village, it is found that said projects are in
compliance with the North Palm Beach Comprehensive Plan and meet standards in the
Zoning Code.
Special Policy 5.7: The Village shall review proposed Future Land Use Map Series
amendments to determine whether or not they discourage the proliferation of Urban
Sprawl based upon the application of standards contained in Chapter 9J -5, F.A.C. (No
Future Land Use Map Atlas reference.)
Special Policy 5.8: Residential development on the property delineated as “Special
Policy 5.8" on Map 6A of the Future Land Use Map Atlas shall be limited to a maximum
of 98 residential units.
Special Policy 5.9: Residential development on the property delineated as “Special
Policy 5.9" on Map 6A of the Future Land Use Map Atlas shall be limited to a maximum
of 232 residential units.
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Special Policy 5.10: Residential development on the property delineated as “Special
Policy 5.10" on Map 6A of the Future Land Use Map Atlas shall be limited to a maximum
of 184 residential units.
Special Policy 5.11: Residential development on the property delineated as “Special
Policy 5.11" on Map 6A of the Future Land Use Map Atlas shall be limited to a maximum
of 108 residential units.
Special Policy 5.12: Residential development on the property delineated as “Special
Policy 5.12" Map 2 of the Future Land Use Map Atlas shall be limited to the existing 197
residential units.
Special Policy 5.13: Residential development on the property delineated as “Special
Policy 5.13" on Map 7 of the Future Land Use Map Atlas shall be limited to the existing
48 residential units.
Special Policy 5.14: Residential development on Planning Area 1 shall be clustered in
the least environmentally sensitive portion of the parcel which is the subject of an
application for a development order. (No Future Land Use Map Atlas reference.)
Special Policy 5.15: Year-round, permanent resident residential development within the
area defined by the current extent of John D. MacArthur Beach State Park shall be limited
to that provided for Park personnel. (No Future Land Use Map Atlas reference.)
Special Policy 5.16: The 0.43 acre lot located at the southwest corner of Prosperity
Farms Road and Honey Road (Map 5 of the Future Land Use Map Atlas) shall be
assigned a Commercial Future Land Use Map designation in order to support its current
use. The current use may be maintained consistent with the provisions of Sections 45-63
(non-conforming uses) and 45-64 (non-conforming structures) of the Village Code;
however, any future change in use shall be consistent with those uses permitted in the
C-T transitional Commercial District.
Special Policy 5.17: Non-residential land uses within Protection Zone 4 of the Richard
Road wellfield (Ref: Map 5, 6B, and 7 of the Future Land Use Map Atlas) which store,
handle, use or produce any regulated substance are prohibited, unless the y qualify as a
general exemption or receive an operating permit from Palm Beach County ERM,
pursuant to Section 9.3 of the Palm Beach County Land Development Code.
Special Policy 5.18: Residential development on the property delineated as "Special
Policy 5.18" on Map 3B of the Future Land Use Map Atlas shall be limited to a
maximum of 16 residential units.
Special Policy 5.19: Public School development on the property delineated as Special
Policy 5.19 on Map 4b of the Future Land Use Map Atlas shall be limited to a maximum
0.35 Floor-Area-Ratio.
OBJECTIVE 6: The Village shall encourage infill development and redevelopment along
the Northlake Boulevard and U.S. Highway No.1 corridors.
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Policy 6.1: Development and redevelopment activities in the Northlake Boulevard
Overlay Zone, as illustrated on Figure 3-8, shall conform with the special land
development regulations adopted by the Village of North Palm Beach for the Northlake
Boulevard corridor as well as the requirements of the Village's Comprehensive Plan and
underlying zoning districts.
Policy 6.2: Mixed-use development and redevelopment is encouraged along the U.S.
Highway No.1 corridor by the Village through the provisions of the C-MU and C-T and
may also be permitted through the commercial planned unit development approval
process, consistent with the density and intensity criteria stated in Objective 1.B.
Policy 6.3: Development and redevelopment activities shall be transit-ready by
maintaining access to Palm Tran, pedestrian accessibility by sidewalks and bikeways,
and connectivity with neighboring residential and commercial areas.
3.4. FUTURE LAND USE CLASSIFICATION SYSTEM
The land use Classification System presented on Table 3 -1 is adopted as the “Future
Land Use Classification System” of the Village of North Palm Beach. Subject to the land
use compatibility and application review provisions of Section 163.3208, Florida Statutes,
and electric distribution substations are permitted in all land use categories listed in Table
3-1 except Conservation/Open Space.
3.5 FUTURE LAND USE MAP SERIES
3.5.1 Future Land Use Maps
Village of North Palm Beach Planning Areas are delineated on Figure 3 -1, while 2020
Future Land Use Plan is displayed on Figure 3-2. Recreation/Open Space areas are
identified on Figure 3-2; however, due to their character and Village -wide appeal, the
delineation of specific service areas is not appropriate. Each facility is deemed to serve
the Village as a whole.
3.5.2 Future Land Use Map Atlas
For the purposes of identifying properties subject to the conditions of a special policy
described in Objective 5 and tracking Future Land Use Map amendment and annexation
activities, the Village of North Palm Beach Future Land Use Map Atlas, on file with the
Village Clerk, is hereby incorporated by reference.
Designated historic districts or significant properties meriting protection within the Village,
along with appropriate Florida Master File references are located, as appropri ate, on
Maps 1-7 of the Future Land Use Map Atlas.
3.5.3 Natural Resource Maps
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The following natural resources data are exhibited on Figures 3-3 through 3-7:
1. Natural Habitat, Wetlands, Coastal Vegetation and Beaches (Ref: Figure 3-3 and
Tables 3-2 and 3-3);
2. Surface Water Features (Ref: Figure 3-4);
3. Generalized Soils Map (Ref: Figure 3-5 and Table 3-4);
4. Flood Zones (Ref: Figure 3-6 and Table 3-5); and
5. The Coastal High Hazard Area (Ref: Figure 3-7), defined as the area below the
elevation of the category 1 storm surge line as established by a Sea, Lake, and Overland
Surges from Hurricanes (SLOSH) computerized storm surge model.
There are no existing or planned potable water wells in the Village of North Palm Beach,
nor are there any minerals of determined value. A portion of the Village, within Planning
Area 5, is located within Protection Zone 4 of the Richard Road wellfield. The extent of
Protection Zone 4 within Planning Area 5 is indicated on Maps 5, 6B and 7 of the Future
Land Use Map Atlas.
3.5.4 Northlake Boulevard Overlay Zone Map
The Northlake Boulevard Overlay Zone is illustrated on Maps 3C and 5 in the Future Land
Use Map Atlas. Development and redevelopment activities are subject to the special land
development regulations adopted by the Village of North Palm Beach for the Northlake
Boulevard corridor.
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TABLE 3 - 1
TABLE 3-1
LAND USE CLASSIFICATION SYSTEM
For purposes of the Comprehensive Plan, the following land use classifications, which are applicable
to North Palm Beach, are used to describe existing land uses in the Village. The classifications are
consistent with those defined in Chapter 9J5, F.A.C. and concurrent with the Village's perception of
use.
Residential: Land uses and activities within land areas used predominantly for housing and
excluding all tourist accommodations.
Commercial: Land uses and activities within land areas which are predominantly related to the
sale, rental and distribution of products and the provision or performance of services. W ithin
the Commercial classification, residential and other uses may also be permitted in accordance
with the mixed-use policies of the Comprehensive Plan and the Village’s land development
regulations.
Light Industrial/Business: Land uses which are oredominantlv related to providing office, flex, lioht
Industrial and warehouse space for the purposes of lioht manufacturing, assemblv and
processing of products, office uses. research and development, and wholesale distribution
and storage of products. In addition, commercial uses that serve the projected workforce and
neighboring residential populations and which encouraoe Intemal automobile trio capture mav
also be permitted."
Recreation/Open Space: Land uses and activities within land areas where recreation occurs and
lands are either developed or vacant and concerned with active or passive recreational use.
Conservation/Open Space: Land uses and activities within land areas "designated" for the primary
purpose of consen/ing or protecting natural resources or environmental quality, and includes
areas designated for such purposes, or combinations thereof, as primary recreation, flood
control, protection of quality or quantity of ground water or surface water, flood plain
management, fisheries management, and/or protection of vegetative community or wildlife
habitats. Permitted land uses shall include single-family units.
Public Buildings & Grounds: Lands and structures that are owned, leased, or operated by a
government entity, such as libraries, police stations, fire stations, post offices, government
administration buildings, and areas used for associated storage of vehicles and equipment.
Also, lands and structures owned or operated by a private entity and used for a public
purpose such as a privately held but publicaily regulated utility.
Educational: Land use activities and facilities of public or private primary or secondary schools,
vocational and technical schools, and colleges and universities licensed by the Florida
Department of Education, including the areas of buildings, campus open space, dormitories,
recreational facilities or parking.
Other Public Facilities: Land uses and activities within land areas concerned with other public or
private facilities and institutions such as churches, clubs, fraternal organizations, homes for
the aged and infirm, and other similar uses.
Transportation: Land areas and uses devoted to the movement of goods and people including
streets and associated rights-of-way.
Water: All areas covered by water or any right-of-way for the purpose of conveying or storing water.
SOURCE: Florida Administrative Code: LRM, Inc. 2009; Rev. NPBCP Amendments 92 -2 and 09-1.