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Ordinance 1971-004 Establishing Appearance CodeORDINANCE N0. 4-71 AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE VILLAGE OF NORTH PALM BEACH CODE BY ESTABLISHING AN APPEARANCE CODE FOR THE VILLAGE OF NORTH PAIM BEACH. ' WHEREAS, The Village Council of the Village of North Palm Beach having determined that it is in the best interests of the said Village as more particularly hereinafter set forth and will promote the public health, safety and general welfare of the residents of said Village, and will protect and enhance the property values in said Village, to adopt a Village Appearance Code of said Village, NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. That the Village of North Palm Beach Code is hereby amended by adding thereto Sections 6-21 through 6-39, both in- elusive, which said sections shall read as follows: ' Art. III APPEARANCE CODE Sec. 6-21. CITED---This Article, including any regulation hereafter adopted, shall hereafter be known, cited and referred to as the "Appearance Code." Sec. 6-22. INTENT AND PURPOSES---This Appearance Code is adopted for the following purposes: (1) To promote the public health, safety, morals, comfort and general welfare of the citizens of the Village. (2) To enhance the values of property throughout the.Village. (3) To protect and to stabilize the general appearance of build- ings, structures, landscaping and open areas, in the multiple dwelling, commercial and public zoning districts of the Village. (4) To insure adequate light, air and privacy for property in the ' multiple dwelling, commercial and public zoning districts of the Village. (5) To encourage and promote acceptability, attractiveness, co- hesiveness and compatibility of new buildings, developments, remodeling and additions so as to maintain and improve the established standards of property values within the multiple dwelling, commercial and public zoning districts of the Village. Sec. 6-23. APPEARANCE BOARD---CREATION AND TERM OF OFFICE---There is hereby created an Appearance Board, to consist of five members appoint- ed by the Village Council. The initial appointments of members of the ' board shall be for the following respective terms: two for one year; three for two years. Thereafter all appointments shall be for a term of two years. Two alternate members shall be appointed by the Village Council and may sit as members whenever the chairman of the board is advised or learns that one or two regular members will be unable to attend its meetings. Alternates will be designated as First Alternate and Seco~id Alternate by the Village Council. Alternate members will be appointed for a one year term. Sec. 6-24. SAME---QUALIFICATIONS---All members shall be residents of the Village and shall serve without compensation. At least two members shall be registered architects in the State of Florida. One member of the board shall be the owner and operator of a business or an officer and manager of a corporation owning commercial or multiple dwelling property in the Village. In making appointments to the board, the Council shall seek to appoint as members persons who are recognized as expert in matters of aesthetic judgment by virtue of training, education and experience (such as registered architects, landscape architects, real estate appraisers and land planners) and possess qualities of impartiality and broad judgment. No member of the board shall participate in discussions or vote on requests for a Certificate of Appropriateness from any client he is serving or'from any business with which he is directly or indirectly connected. Sec. 6-25. SAME---CHAIRMAN---The board shall appoint one of the members to serve as Chairman, one member to serve as Vice-Chairman and the 1 Building Official shall provide a Village employee to serve as Secretary to the board. Sec. 6-26. SAME---VACANCIES---Vacancies on the board shall be filled for the unexpired term of the member whose place has become vacant in the same manner in which original appointments are required to be made. - 2 - Sec, 6-27, SAME---MEETINGS; QUORUM• RECORDS---Meetings of the board shall be held at the call of the Chairman, and shall be called whenever an application for a Certificate of Appropriateness is submitted for consideration, Three members shall constitute a quorum, The Chairman shall be entitled to be counted in determining a quorum and to vote as a member, All meetings shall be open to the public and held on village owned property. The board shall keep minutes of its proceedings and shall keep records of its examinations and other official action. The board may adopt its own rules of procedure not inconsistent with this Article, Sec, 6-28, SAME---POWERS AND DUTIES---The appearance board shall have the following powers and duties: (1) To hold public hearings on and make recommendations for an appearance plan as provided in Section 6-29 hereof, (2) To consult with and cooperate with the Planning and Zoning Advisory Board, the Beautification Committee and other village depart- ments, and any other municipal or governmental bodies on matters affect- ing the appearance of the Village. ' (3) To study exterior design drawings, landscape and site plans and materials for any proposed public works or public improvements and to make recommendations to the Council or Village Manager as to the architectural or aesthetic aspects thereof, (4) To study and review preliminary and final plats and make reconunendations to the Planning and Zoning Advisory Board and the Village Council, (5) To hold hearings, when required, on the issuance of Certificates of Appropriateness as provided in Section 6-36 hereof, in connection with questions pertaining to applications for building permits and to issue or deny such Certificates pursuant to the provisions of said Section 6-36 hereof, Sec, 6-29, VILLAGE APPEARANCE PLAN---(1) The appearance board shall, plan to apply to the multiple family, commercial and public zoning districts of the Village, and within budgetary limitations and appropriations, are within six months after their appointment, prepare a proposed appearance authorized to seek the advice and counsel of local qualified professionals - 3 - in the field of architecture and land planning in the creation of the appearance plan. Said appearance plan shall be based on the intent and purposes of this Article, as set forth in Section b-22, and said plan shall be intended as the standards or guidelines for future physical developments, in said zoning districts, and should consider among other features: (a) The external architectural features (as herein defined) of proposed buildings and landscaping and site planning thereof. (b) Existing village ordinances and provisions of the Village of North Palm Beach Code, as amended, as to, but not limited to zoning, building, subdivision, trees and shrubs; provided, however, nothing in said appearance plan shall conflict with, modify, or alter any provisions of the ordinances. Sec. G-30. PUBLIC HEARING---After agreeing on a proposed appearance plan, the board shall hold a public hearing thereon. A copy of the proposed plan shall be on file during regular business hours at the office of the village clerk in the village hall for public inspection ' for at least ten days prior to the public hearing. Notice of the public hearing shall be published in a village newsletter and placed on three bulletin boards in the village for at least ten days prior to said hearing. Within thirty days after final adjournment of the hearing, the board shall recommend a final appearance plan to the council. Sec. 6-31. ADOPTION BY VILLAGE COUNCIL---The council shall thereafter at a regular meeting consider the proposed plan and if it so desires may adopt the same in whole or in part, with or without change. The appearance plan, as adopted, shall be by ordinance. Sec. 6-32. AMENDMENTS---The appearance plan may be amended, from time to time, by the council by ordinance with or without a recommendation from the Board regarding the proposed amendment. The board can make a recommendation only after holding a public hearing after notice as set ' forth in Section 6-30 hereof. Sec. 6-33. CERTIFICATE OF APPROPRIATENESS---PRELIMINARY CONSIDERATION--- The appearance board shall, at the written request of a prospective - 4 - applicant for a Certificate of Appropriateness, give consideration to preliminary exterior drawings, sketches, landscape and site plans and materials on a specific project before a formal application is filed, and shall provide such advice, counsel, suggestions and recommendations on matters pertaining to aesthetics as they may deem necessary to guide said prospective applicant in the development of a plan which would comply with the requirements and purposes of the appearance plan; except that the board shall act in an advisory capacity only, with regard to preliminary plans, and shall provide consultation only on projects for which preliminary drawings and materials are furnished by said prospective applicant, and shall not participate in the development of the basic concept, plans or drawings. Upon finding the preliminary exterior drawings, sketches, landscape and site plans and materials are appropriate to, or compatible with, the character of the immediate neighborhood and will tend to effect the general purposes of the appearance plan, the board will issue a preliminary approval. Said approval will be irrevocable, and makes the issuance of the certificate ' of appropriateness mandatory upon application, unless the final presenta- tion does not comply in all respects with the preliminary presentation upon which the preliminary approval was based. Sec. G-34. SAME---FINAL HEARINGS---Upon the filing of an application for building permit for a multi-family or commercial building, the building inspector shall immediately transmit said application to the appearance board. The fact that an application for a certificate of appropriateness has been filed shall not be cause for the building inspector to delay the review of plans relating to the building and zoning aspects of the project, while said application is pending. The board shall thereupon fix a reasonable time, within two.weeks, for a hearing and give a written five day notice thereof to the applicant. Upon such hearing the board shall consider the application for building ' permit and receive additional evidence (such as exterior renderings) from the applicant or his agent or attorney and from village personnel or other persons as to whether the external architectural features of the proposed building or structure comply with said appearance plan. - 5 - Sec. 6-35. ACTION OF APPEARANCE BOARD---Prior to making its decision the board may make recommendations to the applicant as to changes in the exterior drawings, sketches, landscaping, site plans and materials which in the judgment of the board would tend to effect the general purposes of the appearance plan. The board shall make its decision within one week after the hearing is closed and shall issue to the building inspector a certificate of appropriateness, unless the board finds that the said plan does not conform to the said appearance plan and that the proposed building or structure will be inappropriate to, or incompatible with, the character of the immediate neighborhood or cause substantial depreciation in property values. If the latter finding is made, the board shall provide such advice, counsel, suggestions and recommendations on matters pertaining to aesthetics as they may deem necessary to guide said prospective applicant in the development of a plan which would comply with the requirements and purposes of the appearance plan. If preliminary hearings have been held on the project for which application is being made, and preliminary approval has been issued by the board as provided in Section 6-33, the board ' shall issue a Certificate of Appropriateness immediately, provided that the final drawings, plans and materials as presented comply in all respects with the preliminary presentation upon which the preliminary approval was based. Sec. 6-36. APPROVAL BY APPEARANCE BOARD---The board shall issue a Certificate of Appropriateness upon concurring vote of at least three members. No building or other permit, otherwise required under the ordinance of the Village, for the erection, construction, alteration or repair of any building or structure in a multiple dwelling, commercial, or public zoning district shall be issued by the Building Inspector except upon the granting of a Certificate of Appropriateness by the Appearance Board. The foregoing requirements shall not preclude the ' issuance of a building permit without such certificate if the Building Inspector shall determine that no external architectural feature as defined in Section 6-39 is involved in the work for which the building permit is sought. - 6 - Sec. 6-37. APPEALS AND REVIEW---The applicant or any interested party may file an appeal to the Village Council on any ruling by the appearance board made pursuant to this ordinance. An appeal shall be on forms provided by the Village. The appeal shall be filed or made within ten (10) days after decision of the appearance board. Appeals shall set forth the alleged inconsistency or nonconformity with procedures or criteria set forth in this ordinance or standards set forth in or pur- suant to this ordinance. The Village Council shall decide an appeal within thirty (30) days of the filing of such appeal unless an extension of time is consented to by the applicant, and such filing shall suspend any building permit issued pursuant to the ruling of the appearance board until the Village Council has decided the appeal. The Village Council may review any decision of the appearance board and their disposition of the matter shall be final. Sec. 6-38. FOLLOW-UP BY BUILDING INSPECTOR---Upon the granting of a Certificate of Appropriateness, the exterior drawings, sketches, land- scape and site plans, renderings and materials upon which said Certificate ' was granted shall be turned over to the building inspector whose re- sponsibility it shall be to determine, from time to time as the project is in progress and finally upon its completion, that there have been no unauthorized deviations from the evidence upon which the granting of the Certificate of Appropriateness was originally based. The building inspector shall not issue a Certificate. of Occupancy for any building or structure where there have been any deviations from the Certificate of Appropriateness which has been granted. Sec. 6-39. DEFINITIONS---(1) The term "external architectural feature" is defined to mean the architectural style and general arrangement of such portion of a building or structure as is designed to be open to view from a public street, place, or way." ' Section 2. This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law, and after the Appearance Plan is adopted. - 7 - Section 3. If any section or part of the section of this ordinance is declared invalid or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any section of this ordinance. Section 4. Any person, firm or corporation found violating ' the provisions of this ordinance shall be fined not to exceed $500.00 for each violation thereof, and be subject to imprisonment for a period not to exceed sixty days, or both such fine and imprisonment. Offenses on separate days shall be deemed to be separate offenses for the purposes of this ordinance. PLACED ON FIRST READING THIS 13TH DAY OF MAY, 1971. PLACED ON SECOND, FINAL READING AND PASSED THIS 27TH DAY OF MAY, 1971. /s/ H. Mallory Privett, Jr. MAYOR ' ATTEST: ~/ Dolores R. Walker Village Clerk - 8 -