Changes to the Village's Massing Regulations
On October 27, 2022, the Village Council adopted Ordinance No. 2022-18, which included the recommendations of the Ad Hoc Committee and the Planning, Zoning and Adjustment Board regarding the volume and massing of two-story single-family dwellings. These regulations are summarized as follows:
- Increasing the second-story front yard setback to 30 feet;
- Increasing the second-story rear yard setback to 25 feet;
- Increasing the second-story side yard setback to 15 feet;
- Requiring building wall articulation on all walls with an unbroken plane over 15 feet in height and 30 feet in length in the form of a wall perpendicular to the property line at a minimum distance of 2 feet and extending parallel to the property line at a minimum of 10 feet; and
- Limiting the floor area of the second story to 75% of the floor area of the first story.
Through the enactment of Section 14 of Chapter 2023-304, Florida Statutes (Senate Bill 250), the Florida Legislature prohibited the Village from proposing any amendments to its land development regulations that are more restrictive or burdensome retroactive to September 28, 2022, and any such amendments that violate this law were considered void ab initio, meaning they had no effect from the date of adoption.
Village Staff made the Village Council aware of the impact of Senate Bill 250. After discussing the matter, the Village Council acknowledged that the provisions of Ordinance No. 2022-18 were preempted and of no force and effect. However, the Council directed the Staff to issue a guidance statement encouraging property owners to use the previous regulations as guidelines while constructing or significantly altering two-story single-family dwellings. The Village Council also stated that they intended to re-adopt the regulations upon the expiration of the preemption provision of Senate Bill 250, originally scheduled for October 1, 2024. On October 12, 2023, the Village Council adopted Ordinance No. 2023-17, repealing Ordinance No. 2022-18 and adopting the guidance statement.
However, during the most recent Special Session, the Florida Legislature introduced and adopted a bill that exempts Palm Beach County from the restrictions of Senate Bill 250. As a result, the Village Council is in the process of re-adopting the previously repealed regulations with some modifications. Please see the proposed Ordinance.
On January 11, 2024, the Village Council approved the Ordinance on first reading. The second reading and adoption of the Ordinance is scheduled for January 25, 2024. If adopted, the Ordinance will become effective immediately. However, any building permits filed with the Building Department before January 26, 2024, will be grandfathered under the existing regulations, and the more restrictive massing provisions will not be applicable. As mentioned above, the Village Council did issue a guidance statement encouraging property owners to use the previous regulations as guidelines while constructing or significantly altering two-story single-family dwellings rather than ignoring the massing provisions completely.
If you have any questions, please contact the Community Development Department at (561) 841-3365.