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Glen Ridge City Zoning Code

ARTICLE VI

- SUPPLEMENTARY REGULATIONS

Sec. 6.1. - Miscellaneous regulations.

6.1.1.

Reserved.

6.1.2.

Access to a street. Any lot of record created after the effective date of this ordinance shall have frontage on a public street.

6.1.3.

Mobile home dwelling prohibited. No mobile home shall be occupied as a dwelling in Glen Ridge except those mobile homes which may be approved by the town council as a temporary office to be used in conjunction with and only during new business construction and such trailer shall only be constructed after a surety bond has been provided in favor of the town insuring [ensuring] the removal of the trailer within a specified time period as agreed to by council.

6.1.4.

Approved water and waste water facilities. All new structures erected, altered or moved onto a lot or premises and used for a dwelling, business or recreational use shall be provided with a safe, sanitary, potable water supply and a safe, effective means of waste water disposal that is approved by the appropriate regulatory agencies.

6.1.5.

Requirements for residential districts. Parking and storage requirements for recreational vehicles, boats, trailers and commercial vehicles in residential districts.

6.1.5.1.

Definitions. For the purposes of this section, the following terms shall have the following meanings:

(a)

"Motor vehicle", "travel trailer", "camping trailer", "truck camper", "private motor coach", "motor home", "park trailer", "mobile home", "semi-trailer" and "truck tractor" shall have the meanings given to them in section 320.01, Florida Statutes, as the same as may be amended from time to time.

(b)

"Recreational vehicle" means a vehicle means a vehicle designed for off-road recreational operation such as a "dune buggy" or a "swamp buggy", or as temporary living quarters for recreational, camping or travel use which either has its own motive power or is mounted or drawn by another vehicle, specifically including a travel trailer, camping trailer, truck camper or motor home.

(c)

"Boat" means a vessel as defined by section 327.02(27) Florida Statutes, as the same as may be amended from time to time.

(d)

"Commercial vehicle" or "commercial truck" means a motor vehicle, excluding a recreational vehicle, which has a gross vehicle weight in excess of 16,000 pounds, or has three or more axels regardless of vehicle weight.

(e)

"Truck" means a motor vehicle with a gross vehicle weight of less than 16,000 pounds which is designed or used primarily for the carriage of goods or designed or equipped with a connecting device for the purpose of drawing a trailer.

(f)

"Yard" means that area located the building line and the required front, side or rear set back.

(g)

"Prohibited vehicle" means:

(1)

Mobile home.

(2)

Semi trailer or truck tractor.

(3)

Bus or private motor coach.

(4)

Any commercial vehicles in excess of 16,000 pounds or that has three or more axels.

(h)

"Restricted vehicles" means:

(1)

Commercial vehicles with a gross vehicle weight of 15,999 pounds or less.

(2)

Boat, including boat trailers.

(3)

Travel trailer, camping trailer or truck camper or motor home.

(4)

Any vehicle designed fro off-road recreational use, such as a "dune buggy" or "swamp buggy."

(5)

Machinery, including but not limited to, bobcats, tractors, backhoes or front end loaders.

6.1.5.2.Location.

(1)

No prohibited vehicles shall be parked or stored in any residential district.

(2)

Restricted vehicles parked or stored in a residential district must comply with the following:

(a)

Owned by the occupants of the residential property.

(b)

Unoccupied while parked or stored in the residential district.

(c)

Maintained in a neat and operable condition and provided that major repairs shall not be performed while parked or stored on the residential property.

(d)

Currently registered, licensed and display a current license tag.

(3)

Restricted vehicles shall be parked or stored on private residential property in the most preferred location. In order of preference, the most preferred locations are:

(a)

Garage or carport.

(b)

Rear yard or side yard, behind the front building line.

(c)

Rear setback line.

(d)

Side setback line behind the front building line.

(4)

Restricted vehicles parked or stored in residential districts shall be screened or hidden from view of abutting property owners and, for corner lots, from public rights-of-way abutting the property line. Acceptable screening shall include:

(a)

Buildings.

(b)

Opaque fences.

(c)

Hedges or other landscaping materials.

(d)

Any combination of subsection (4)(a), (b) and (c) of this section.

(5)

Vehicles providing a service or delivery. Vehicles providing a service, including the delivery of goods or merchandise, repairs or maintenance, or otherwise engaged in work in a residential district, may park upon public right-of-way or on residential property, but not to exceed eight hours in a 24[-hour] period.

(6)

Waiver.

(a)

Any person aggrieved by a decision of the town official in the enforcement of the location or screening requirements of this section may apply to the zoning board of appeals for a waiver of the requirements of this section. The board may grant the waiver upon a showing by the applicant that, owing to conditions on applicants property, including but not limited to the nature and locations of the structures and landscaping thereon, the size, shape, and location of the property, and the type of vehicle involved, the decision of the town official is unreasonable. In granting a waiver hereunder, the board may impose reasonable conditions to achieve the purpose of the requirement waived by alternative means, if available.

(b)

The application fee required to file for a waiver of the location and screening shall be the fee charged for variance applications and the procedure shall also be the same for variance applications, including the standards for review. Notice shall only be required to be given by certified mail to abutting property owners.

6.1.6.

Compliance with countywide ordinances. Prior to the submittal of development plans to the Town of Glen Ridge, any applicant for a development order shall review the proposed plans for compliance with applicable Palm Beach County ordinances. The following ordinances of the county apply:

Wellfield Protection Ordinance, as amended.

Sensitive Lands Ordinance, as amended.

Traffic Performance and Level of Service Ordinance, as amended.

6.1.7.

Prior approval required. Before any development order may be issued, all permits indicating compliance with the applicable countywide ordinances shall be provided to the town building official.

6.1.8.

Compliance with state and federal laws and regulations. Prior to the issuance of any development order, the building official shall have received the applicable permits from any and all of the following agencies:

U.S. Army Corps of Engineers.

U.S. Environmental Protection Agency.

Florida Department of Natural Resources.

Florida Department of Environmental Regulation.

Florida Freshwater Fish and Game Commission.

South Florida Water Management District.

6.1.9.

Intergovernmental coordination. In all instances when development activities occur at the boundaries of the town, the town clerk shall provide the appropriate documentation to the adjoining municipality or other governmental entity having jurisdiction over the adjoining lands for its review and comment prior to the issuance of any development order.

(Ord. No. 51, § 1, 2-17-1983; Ord. No. 57, § 1, 8-1-1985; Ord. No. 90-1, § 1, 6-6-1990; Ord. No. 2007-01, § 1, 3-7-2007)

Sec. 6.2. - Supplementary use regulations.

6.2.1.

Signs. The following signs for identification of premises, for providing information relative to the functions of the premises only, shall be permitted with the particular limitations for each use district noted:

(1)

All zoning districts. The following signs shall not be allowed in any district:

(a)

Any sign otherwise authorized by this ordinance/Code may contain noncommercial speech instead of, or in addition to commercial speech, regardless of whether such noncommercial speech is related in any way to the activities occurring, beliefs or opinions espoused, or the business engaged in, if any, at the premises on which such sign is located.

(b)

Signs which are illegal under state laws or regulations and applicable local ordinances.

(c)

Signs that are not clean and in good repair.

(d)

Signs not securely affixed to a substantial structure.

(e)

Signs which attempt or appear to regulate, warn, or direct movement of traffic or which interfere with and resemble official traffic signs, signals or devices.

(f)

Political signs for elections within governmental jurisdictions for which Glen Ridge voters cannot participate.

(g)

Billboards.

6.2.2.

Residential district signs: R-1, R-1A, R-2.

(1)

Real estate signs: One nonilluminated sign that advertises the sale or lease of lot or building and does not exceed eight square feet in area. Sign must be placed on property for sale or lease and not on public right-of-way.

(2)

House numbers, name plates and property identification: Permitted; provided that the total aggregate area of all signs in this category does not exceed two feet in area.

6.2.3.

Commercial district signs: C-1.

(1)

All signs permitted in any residential district and subject to the same limitations of those districts.

(2)

One freestanding sign per building, provided the building is set back more than 40 feet from the property line. Maximum height: 15 feet; maximum width: five feet; total area permitted: 40 square feet. If more than one business occupies a building, then the primary wording must advertise the name or major product of the building.

(3)

One identification sign per business, not to exceed ten square feet in area, attached flat against the wall of the main building or parallel to the building with a projection not to exceed eight inches and may face only public streets. Where a covered walkway with permanent roof is available, uniform-sized overhead signs, identifying each business or service, may be permitted. These type signs shall not exceed four square feet in area and have at least seven feet of clearance underneath.

(4)

Directional and informational signs essential for aiding a convenient and safe ingress and egress to the parking area and that may assist emergency services in times of need may be permitted; provided, that they do not exceed two square feet in area per sign and there is sufficient justification for their placement.

[6.2.4.

C-1 district sign restrictions.] All signs within the C-1 districts shall meet the following restrictions:

(1)

All bare incandescent light sources and immediately adjacent reflecting surfaces shall be shielded from view. No flashing lights or animated advertising devices shall be permitted. Strip neon lighting outlining buildings shall be prohibited. Light intensities shall not be so great as to cause a glare on any adjacent residentially zoned properties.

(2)

No sign attached to a building shall project above the cornice or roof line.

(3)

No temporary sign made of paper, cardboard, canvas, or similar material, other than a sign advertising the sale or rental of the premises on which the same is located, will be permitted on the exterior walls.

(4)

Interior signs, placed or painted or attached to window glass and clearly visible to the outside, shall not obscure more than ten percent of the window area.

(5)

All signs for nonconforming uses shall be approved by the zoning board of adjustments and appeals. In no case shall signs be permitted to exceed the standards within the zone.

(Ord. No. 51, § 1, 2-17-1983; Ord. No. 57, § 1, 8-1-1985; Ord. No. 95-3, § 1, 1-3-1996; Ord. No. 2002-01, § 2, 9-4-2002)

Sec. 6.3. - Supplementary area regulations.

6.3.1.

Exception to required lot area for residential districts. Any residential lot created and recorded prior to the effective date of this ordinance may be used for permitted uses even though the lot and dimensions are less than required within the district in which it is located; provided that all other requirements of the zoning district are met.

6.3.2.

Lot splits and reductions. A lot split or lot reduction may be permitted; provided that the action does not create a lot smaller than the minimum requirements of the zone in which it is located.

6.3.3.

Street right-of-way vacating. When by petition from abutting property owners or initiation on its own, the town council may vacate any public right-of-way that is no longer essential to the town's needs. After proper legal procedures have been followed as to advertising and hearings, the town may grant quit claim deeds for vacated areas and return those segments to the tax rolls.

6.3.4.

Permitted yard encroachments. Paved terraces, patios, uncovered porches and swimming pools without screen enclosures shall not be subject to yard requirements, provided:

(1)

The paved area is unroofed and without walls or other forms of continuous enclosure that links the paved area to the principal building.

(2)

The highest finished elevation of the paved area is not over three feet above the average surrounding finished grade area.

(3)

No portion of any paved area is closer than five feet from any lot line.

6.3.5.

Permitted yard exceptions. Special structural elements such as cornices, sills, chimneys, gutters, and other similar structural features may project into any yard up to a maximum distance of 2½ feet. Fire escapes, outside stairs, and balconies may project in yard areas a maximum of five feet.

(Ord. No. 51, § 1, 2-17-1983; Ord. No. 57, § 1, 8-1-1985)

Sec. 6.4. - Supplementary height regulations.

6.4.1.

Permitted exceptions, structural appurtenances. The following kinds of structural appurtenances shall be permitted to exceed the height limitations for authorized uses:

(1)

Ornamental in purpose, such as church steeples, belfries, cupolas, domes, ornamental towers, and flag poles, provided that they do not cover more than 20 percent of the gross roof area and not more than double the height limit.

(2)

Mechanical structures, such as chimneys, elevator and stairwell housings, ventilators, residential radio and television antennas.

(Ord. No. 51, § 1, 2-17-1983; Ord. No. 57, § 1, 8-1-1985)

Sec. 6.5. - Miscellaneous regulations.

6.5.1.

Swimming pool enclosures. All pools over two feet in depth must be protected by a fence, wall or an adequate enclosure surrounding the property or pool area. The enclosures must be at least four feet in height and have lockable gates with latches placed out of reach of children and be self-latching. This provision shall apply whether the pool is an in-ground or above-ground pool.

State law reference— Regulations regarding swimming pools, state building code, F.S. § 553.73.

6.5.2.

Fences, wall or shrubs.

(1)

Fences or walls may be erected along property lines within the required front yards, to a height of four feet.

(Ord. No. 57, § 1, 8-1-1985)

Sec. 6.6. - Nonconforming uses.

6.6.1.

Purpose and intent. Lawful uses of buildings and land may continue after the effective date of this ordinance as a nonconforming use if they do not conform to all of the provisions of this ordinance. It is the further intent of this ordinance that nonconformities shall not be enlarged upon, expanded or extended, nor be used for adding to other structures or uses prohibited elsewhere in the same district. The continuance of all nonconforming uses and structures in the town shall be subject to the conditions and requirements set forth in this section.

6.6.2.

Structural changes or enlargement. The building or land use that is nonconforming shall not be structurally changed, altered, or enlarged unless the resultant changed, altered, or enlarged building or use conforms to the provisions of this ordinance for the district in which it is located.

6.6.3.

Repair of nonconforming building. Nothing in this ordinance shall prohibit the repair, improvement, or modernizing of a lawful nonconforming building to correct deterioration, obsolescence, depreciation, and wear; provided that such repair does not exceed an aggregate cost of 30 percent of the assessed value of the building as determined by the Palm Beach County Property Appraiser, unless the subject building is changed by such repair to a conforming use.

6.6.4.

Reconstruction and restoration. Any lawful nonconforming use damaged by fire, explosion, an act of God, or by other causes, may be restored, rebuilt, or repaired; provided that such restoration does not exceed 50 percent of the building's assessed value as determined by the Palm Beach County Appraisers' Office on the most recent tax roll prior to the occurrence. Further provided that said use be the same or more nearly conforming use and that the property meet all the existing restrictions and regulations existing at that time as if it were a new building being constructed.

6.6.5.

Discontinuance or abandonment. Whenever a nonconforming use has been discontinued for six consecutive months, or for 18 months during any three-year period, such discontinuance shall be considered conclusive evidence of an intention to legally abandon the nonconforming use. The use shall not be reestablished, and any future use shall be in conformity with the provisions of this ordinance. The abandonment of specialized equipment and structures that could only be utilized by a nonconforming use shall not be used as a basis for reestablishing another nonconforming use.

6.6.6.

Changing uses. If no structural alterations are made, the zoning board of adjustments and appeals may authorize a change from one nonconforming use to another nonconforming use, provided the proposed use would be more suitable to the zoning district in which it is located than the old nonconforming use which is being replaced. Once a nonconforming use has been changed to a less nonconforming use, it shall not change or revert back to a more nonconforming use. The right to continue a nonconforming use shall remain with the owner of the use as long as the use is continued within the same building. If the ownership or use shall change within the building, the new owners must meet any new restrictions or regulations in effect within the zoning district at the time of change.

6.6.7.

Termination of nonconforming land uses. The nonconforming uses of land existing at the effective date of this ordinance where no building is located may be continued; provided that the nonconforming land use shall be terminated and converted to conform with the provisions of the current zoning ordinance within three years after the effective date of this ordinance; and that they shall in no way be expanded or extended during the three-year interval, either on the same property or any other property within the same zoning district.

6.6.8.

Illegal nonconforming uses. Nonconforming uses of land or buildings existing at the effective date of this ordinance established without a building permit or town approval, or those nonconforming uses which can not be proved conclusively as existing prior to the effective date of this ordinance shall be declared illegal nonconforming uses and shall be discontinued within a period of 90 days following the effective date of this ordinance.

6.6.9.

District changes. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of another classification, the provisions of this section shall also apply to any existing uses that become nonconforming as a result of the boundary changes. However, if the boundary changes result in use being placed into a district where the use would be permitted, then it would no longer be a nonconforming use.

(Ord. No. 51, § 1, 2-17-1983; Ord. No. 57, § 1, 8-1-1985)