Ordinance 1972-027 Landscape for Non-Residential PropertiesORDINANCE N0. 27-72
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
SETTING FORTH LANDSCAPING REQUIREMENTS FOR CERTAIN YARD AREAS, OFF-
STREET PARKING AND OTHER VEHICULAR USE AREAS FOR NON-RESIDENTIAL PROPER-
TIES W3iICH WERE IMPROVED PRIOR TO THE ADOPTION OF ORDINANCE N0. 14-71
ENACTED ON SEPTEMBER 23, 1971.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA:
Section 1. Chapter 41 of the Village of North Palm Beach
Code is hereby amended by adding thereto Section 41-24, which said.
section shall read as follows:
(1) Objective. The objective of this Section is to improve
the appearance of commercial areas in the Village which
were improved. prior to the adoption of Ordinance No. 14-71
on September 23, 1971 and to protect and preserve the
appearance, character and value of the surrounding neigh-
borhoods and thereby promote the general welfare by
providing for installation and maintenance of landscaping
for screening and aesthetic qualities, for additional
drainage capabilities and for the improvement of the quality
of air within the Village. The Village Council finds that
the peculiar characteristics and qualities of the Village
justify these regulations to be applied to improved non-
residential properties which were in existence prior to
the adoption of Ordinance No. 14-1971, which requires
landscaping for new construction.
(2) Landscaping Requirements. Except as provided
hereafter, the provisions of Sections 41-18 through 41-20,
both inclusive, of this Code shall apply to all non-residential
property which was improved prior to the adoption of
Ordinance No. 14-71, which adopted Code Sections 41-18
through 41-20, both inclusive, of the Village of North Palm
Beach Code.
(3) Exceptions. (a) For the purposes of this Section
Section 41-19(5)(a) is amended to read as follows:
"A strip of land at least three feet in depth located.
between the abutting right-of-way and the off-street parking
area or other vehicular use area, which is exposed to an
abutting right-of-way shall be landscaped. In addition, a
hedge or other durable landscape barrier of at least two
feet in height shall be placed along only the perimeter of
such landscaped strip. If a durable barrier is of a non-
living material, for each five feet thereof one shrub or vine
shall be planted abutting such barrier, but need not be
spaced five feet apart. Such shrubs or vines shall be
planted along the street side of such barrier unless they
are of sufficient height at the time of planting to be
readily visible over the top of such barrier. The remainder
of the required landscaped area shall be landscaped with
grass, ground cover or other landscape treatment,
excluding paving; provided; however, that a non-living
durable wall may be erected on the perimeter of the
required landscaped area opposite the sidewalk or at any
point at least three feet from the sidewalk within this
landscaped area. No such landscape barrier wherever
' located under this subsection shall exceed three feet in
height or be less than two feet in height."
(b) Section 41-19(6) shall not be applicable to
properties covered by this Section.
(c) The provisions of Section 41-19 as applied
to properties under this Subsection shall be amended by
adding at the end thereof, the following paragraph•
"In no event shall the provisions of Subparagraph
41-19(7) be applied so as to cause the property to have
less than the minimum number of parking spaces required
under the applicable provisions of the zoning chapter of
the Village of North Palm Beach Code.
(4) Effective Date. The provisions of this Section
shall be in effect on or before December 31, 1974. All
landscaping plans intended to comply with the provisions
of this Section shall be first presented to the Community
Appearance Board of the Village for its review and
recommendations."
Section 2. The violation of this Ordinance shall be punished.
by a fine not exceeding $500.00 or imprisonment for a term not exceeding
sixty days, or by both such fine and imprisonment.
PLACED ON FIRST READING THIS 28 DAY OF SEPTEMBER, 1972.
PLACED ON SECOND, FINAL READING AND PASSED THIS 28 DAY OF DECEMBER,
1972.
/s/ H. Mallory Privett, Jr.
MAYOR
ATTF,ST:
' /s/ Dolores R. Walker
Village Clerk
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