Ordinance 16-2012 Zoning ORDINANCE NO. 16-2012
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM
BEACH COUNTY, FLORIDA, AMENDING THE TOWN CODE OF ORDINANCES AT
CHAPTER 134, ZONING, AS FOLLOWS: SECTIONS 134-787, 134-837, 134-887, 134-942, 134-
997, 134-1052, 134-1352 AND 134-1393 TO ELIMINATE MUNICIPALLY OWNED AND
OPERATED PARKS AND RECREATIONAL AREAS AS A PERMITTED USE IN THE R-AA,
R-A, R-B, R-C, R-D(1), R-D(2), CONSERVATION AND PUD ZONING DISTRICTS;
SECTIONS 134-790, 134-840, 134-890, 134-945, 134-1000, 134-1055, 134-1354 AND 134-1395 TO
CREATE MUNICIPALLY OWNED AND OPERATED PARKS AND RECREATIONAL
AREAS AS A SPECIAL EXCEPTION USE IN THE R-AA, R-A, R-B, R-C, R-D(1), R-D(2),
CONSERVATION AND PUD ZONING DISTRICTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH,
PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
WHEREAS, after a public hearing pursuant to notice as required by law, the Town's Local
Planning Agency has recommended that the Town Council amend Chapter 134, Zoning, of the Code of
Ordinances, as herein set forth;
WHEREAS, after public hearing pursuant to notice as required by law, the Town Council does
hereby find, determine, and declare that the public health, safety, morals and general welfare of the
citizens of the Town of Palm Beach require that the aforesaid Chapter 134, Zoning, of the Code of
Ordinances, be amended as hereinafter set forth.
Section 1. Amend ARTICLE VI, DISTRICT REGULATIONS, Section 134-787, Permitted
uses, to read as follows:
Sec. 134-787. Permitted uses.
The permitted uses in the R-AA large estate residential district are as follows:
(1) Single-family dwellings.
(2) Essential services.
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Section 2. Amend ARTICLE VI, DISTRICT REGULATIONS, Section 134-837, Permitted
uses, to read as follows:
Sec. 134-837. Permitted uses.
The permitted uses in the R-A estate residential district are as follows:
(1) Single-family dwellings.
(2) Essential services.
Section 3. Amend ARTICLE VI, DISTRICT REGULATIONS, Section 134-887, Permitted
uses,to read as follows:
Sec. 134-887. Permitted uses.
The permitted uses in the R-B low density residential district are as follows:
(1) Single-family dwellings.
(2) Essential services
Section 4. Amend ARTICLE VI, DISTRICT REGULATIONS, Section 134-942, Permitted
uses, to read as follows:
Sec. 134-942. Permitted uses.
The permitted uses in the R-C medium density residential district are as follows:
(1) Single-family dwellings.
(2) Two-family dwellings.
(3) Townhouses.
(4) Multi-family dwellings. (Site plan review shall be required. See article III of this chapter.)
(5) Essential services
Section 5. Amend ARTICLE VI, DISTRICT REGULATIONS, Section 134-997, Permitted
uses, to read as follows:
Sec. 134-997. Permitted uses.
The permitted uses in the R-D(1) moderate density residential district are as follows:
(1) Single-family dwellings.
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(2) Two-family dwellings.
(3) Townhouses.
(4) Multi-family dwellings. (Site plan review shall be required. See article III of this chapter.)
(5) Essential services
Section 6. Amend ARTICLE VI, DISTRICT REGULATIONS, Section 134-1052, Permitted
uses,to read as follows:
Sec. 134-1052. Permitted uses.
The permitted uses in the R-D(2) high density residential district are as follows:
(1) Single-family dwellings.
(2) Two-family dwellings.
(3) Townhouses.
(4) Multi-family dwellings. (Site plan review shall be required. See article III of this chapter.)
(5) Essential services
Section 7. Amend ARTICLE VI, DISTRICT REGULATIONS, Section 134-1352, Permitted
uses, to read as follows:
Sec. 134-1352. Permitted uses.
There are no permitted uses in the C Conservation district.
Section 8. Amend ARTICLE VI, DISTRICT REGULATIONS, Section 134-1393, Permitted
uses, to read as follows:
Sec. 134-1393. Permitted uses.
The permitted uses in the PUD planned unit development district are as follows:
(1) Planned unit development, as provided in article V of this chapter.
(2) Golf course.
(3) Single-family dwellings.
(4) Essential services.
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Section 9. Amend ARTICLE VI, DISTRICT REGULATIONS, Section 134-790, Special
exception uses,to read as follows:
Sec. 134-790. Special exception uses.
The special exception uses require a site plan and review as provided in article III of this
chapter. The special exception uses in the R-AA large estate residential district are as
follows:
(1) Planned unit development, PUD-4 (see article V of this chapter for standards).
(2) Public structures.
(3) Beach houses intended for the use of family and guests.
(4) Municipally owned and operated parks and recreation areas.
(5) Private social, swimming, golf, tennis and yacht clubs, and houses of worship in
existence prior to January 1, 1996.
(6) Reserved.
(7) Supplemental parking, allowed only in a manner consistent with the zoning of the
district in which it is located.
(8) Museums occupying buildings of unique value as historical landmarks, as
determined by the landmarks preservation commission and the town council, and
for which it is demonstrated that no permitted use is economically viable.
(9) Group home with up to six occupants.
(10) Foster care facility with up to six occupants.
(11) Pedestrian access tunnel to the beach as an accessory use provided that the
applicant owns the land on both sides of the roadway, provides unity of title, and
provides prior written approval from all governmental agencies having
jurisdiction.
Section 10. Amend ARTICLE VI, DISTRICT REGULATIONS, Section 134-840, Special
exception uses,to read as follows:
Sec. 134-840. Special exception uses.
The special exception uses require a site plan and review as provided in article III of this
chapter. The special exception uses in the R-A estate residential district are as follows:
(1) Planned unit development (see article V of this chapter for standards).
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(2) Public structures.
(3) Beach houses intended for the use of family and guests.
(4) Municipally owned and operated parks and recreation areas.
(5) Private social, swimming, golf,tennis and yacht clubs, and houses of worship in
existence prior to January 1, 1996.
(6) Reserved.
(7) Supplemental parking, allowed only in a manner consistent with the zoning of the
district in which it is located.
(8) Museums occupying buildings of unique value as historical landmarks, as
determined by the landmarks preservation commission and the town council, and
for which it is demonstrated that no permitted use is economically viable.
(9) Group home with up to six occupants.
(10) Foster care facility with up to six occupants.
(11) Pedestrian access tunnel to the beach as an accessory use provided that the
applicant owns the land on both sides of the roadway,provides unity of title, and
provides prior written approval from all governmental agencies having
jurisdiction.
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Section 11. Amend ARTICLE VI, DISTRICT REGULATIONS, Section 134-890, Special
exception uses,to read as follows:
Sec. 134-890. Special exception uses.
The special exception uses require a site plan and review as provided in article III of this
chapter. The special exception uses in the R-B low density residential district are as follows:
(1) Planned unit development, PUD(1) (see article V of this chapter for standards).
(2) Public structures.
(3) Beach houses intended for the use of family and guests.
(4) Public and private academic schools.
(5) Private social, swimming, golf,tennis and yacht clubs, and houses of worship in
existence prior to January 1, 1996.
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(6) Churches and synagogues and other houses of worship.
(7) Required off-street parking in accordance with section 134-2177(3) and
supplemental parking, allowed only in a manner consistent with the zoning of the
district in which it is located.
(8) Nonprofit cultural centers.
(9) Municipally owned or operated parking areas.
(10) Museums occupying buildings of unique value as historical landmarks, as
determined by the landmarks preservation commission and the town council, and
for which it is demonstrated that no permitted use is economically viable.
(11) Group home with up to six occupants.
(12) Foster care facility with up to six occupants.
(13) Pedestrian access tunnel to the beach as an accessory use provided that the
applicant owns the land on both sides of the roadway,provides unity of title, and
provides prior written approval from all governmental.
(14) Municipally owned and operated parks and recreation centers.
Section 12. Amend ARTICLE VI, DISTRICT REGULATIONS, Section 134-945, Special
exception uses, to read as follows:
Sec. 134-945. Special exception uses.
The special exception uses require a site plan and review as provided in article III of this
chapter. The special exception uses in the R-C medium density residential district are as
follows:
(1) Planned unit development,PUD-2,PUD-3.
(2) Public structures.
(3) Public or private academic schools.
(4) Churches, synagogues and other houses of worship.
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(5) Supplemental parking.
(6) Nonprofit cultural centers.
(7) Municipally owned or operated parking areas.
(8) Beach houses intended for the use of family and guests only.
(9) Museums occupying buildings of unique value as historical landmarks as
determined by the landmarks preservation commission and the town council and
for which it is demonstrated that no permitted use is economically viable.
(10) Roof-deck automobile parking.
(11) Group home.
(12) Foster care facility.
(13) Pedestrian access tunnel to the beach as an accessory use provided that the
applicant owns the land on both sides of the roadway, provides unity of title, and
provides prior written approval from all governmental agencies having
jurisdiction.
(14) Municipally owned and operated parks and recreation areas.
Section 13. Amend ARTICLE VI, DISTRICT REGULATIONS, Section 134-1000, Special
exception uses, to read as follows:
Sec. 134-1000. Special exception uses.
The special exception uses require a site plan and review as provided in article III of this
chapter. The special exception uses in the R-D(1) moderate density residential district are as
follows:
(1) Planned unit development, PUD-2, PUD-3.
(2) Public structures.
(3) Public or private academic schools.
(4) Churches, synagogues and other houses of worship.
(5) Supplemental parking.
(6) Roof-deck automobile parking.
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(7) Municipally owned or operated parking areas.
(8) Beach houses intended for the use of family and guests only.
(9) Group home.
(10) Foster care facility.
(11) Municipally owned and operated parks and recreation areas.
Section 14. Amend ARTICLE VI, DISTRICT REGULATIONS, Section 134-1055, Special
exception uses, to read as follows:
Sec. 134-1055. Special exception uses.
The special exception uses require a site plan and review as provided in article III of this
residential district are as follows:
chapter. The special exception uses in the R-D(2) high density
(1) Planned unit development, PUD-2, PUD-3.
(2) Public structures.
(3) Public or private academic schools.
(4) Churches, synagogues and other houses of worship.
(5) Supplemental parking.
(6) Accessory commercial uses to hotel uses.
(7) Municipally owned or operated parking areas.
(8) Beach houses intended for the use of family and guests only.
(9) Hotels.
(10) Timesharing uses.
(11) Roof-deck automobile parking.
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(12) Group home.
(13) Foster care facility.
(14) Pedestrian access tunnel to the beach as an accessory use provided that the
applicant owns the land on both sides of the roadway, provides unity of title, and
provides prior written approval from all governmental agencies having
jurisdiction.
(15) Outdoor seating for dining purposes related to hotels where administrative
approval is not being requested. See section 134-1056 for additional conditions.
(16) Condo-hotels in accordance with section 134-2110.
(17) Municipally owned and operated parks and recreation areas.
Section 15. Amend ARTICLE VI, DISTRICT REGULATIONS, Section 134-1354, Special
exception uses, to read as follows:
Sec. 134-1354. Special exception uses.
The special exception uses require a site plan and review as provided in article III of this
chapter. The special exception uses in the C conservation district are as follows:
(1) Municipally owned and operated parks and recreations areas.
(2) Essential services, excluding wireless telecommunication towers and distribution
electrical substations.
Section 16. Amend ARTICLE VI, DISTRICT REGULATIONS, Section 134-1395, Special
exception uses,to read as follows:
Sec. 134-1395. Special exception uses.
The special exception uses require a site plan and review as provided in article III of this
chapter. The special exception uses in the PUD planned unit development zoning district are as
follows:
(1) Private social, swimming, golf,tennis and yacht clubs.
(2) Municipally owned and operated parks and recreations areas.
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Section 17. Severability.
If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall
not affect the other provisions or applications of this Ordinance which can be given effect without the
invalid provisions or applications, and to this end the provisions of this Ordinance are hereby declared
severable.
Section 18. Repeal of Ordinances in Conflict.
All other Ordinances of the Town of Palm Beach, Florida, or parts thereof which conflict with
this or any part of this Ordinance are hereby repealed.
(
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Section 19. Effective Date.
This Ordinance shall take effect 31 days subsequent to its passage on second and final reading.
PASSED AND ADOPTED in regular, adjourned session assembled on first reading this 15th day of
November 2012, and second and final reading on this 1 t'' day of December 2012.
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G s i1 L. Comglio, Mayor Dav A. Rosow, Town Council President
Robert D► ildrick, Council President Pro Tern
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William J. Diamond, Town Counc Member
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Richard M. Kleid, Town Council Member
Michae J. Pucillo, -own Council Member
ATTEST:
• an A. ens,MMC, Town Clerk
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