Ordinance 07-2014 ZoningOrdinance No. 7 -2014
An Ordinance Of The Town Council Of The Town Of Palm Beach, Palm Beach County Florida,
Amending Chapter 134, Zoning, At Section 134 -2 By Creating Definitions For Attic And Veterinarian
Office; Section 134 -2 By Modifying The Definitions For Building, Height Of, (Applicable To Lots Or
Portions Of Lots East Of The State Of Florida Coastal Construction Control Line (CCCL), Individual
Business Sign, Habitable Space And Story; Section 134 -172 By Creating A One Thousand Foot Property
Owner Notice Requirement For Variances That Exceed The Maximum Density Allowed In The Zoning
District But Do Not Exceed The Maximum Density Allowed By The Underlying Future Land Use
Designation On A Property; Section 134 -261 By Adding 1,000 Foot Property Owner Notice Requirement
In the Appropriate Location For A Comprehensive Plan Amendment, Zoning Text Amendment Or Zoning
Change That Increases The Allowable Density Or Intensity; Sections 134-1108, 134 -1109, 134 -1257 and
134 -1259 By Allowing Veterinarian Office Uses In The C -TS And C -PC Zoning Districts As A Special
Exception Use; Sections 134 -1157, 134 -1207 And 134 -1302 By Prohibiting A Veterinarian Office Use In
The C -WA, C -OPI And C -B Zoning Districts; Sections 134 -2436 And 134 -2437 By Modifying The
Individual Business Sign Regulations To Allow Said Signs On The Back of Buildings In Certain Situations;
Section 134 -2439 By Clarifying That An Individual Business Sign Is Allowed Only To Advertise The
Legal Business Name And The Nature Of The Business; Providing For Severability; Providing For Repeal
Of Ordinances In Conflict; Providing For Codification; Providing For An Effective Date.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH
COUNTY, FLORIDA, AS FOLLOWS:
WHEREAS, after public hearing pursuant to notice required by law, the Local Planning
Agency considered all testimony and recommended that the Town Council adopt the subject
Ordinance; and,
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 I, IN GENERAL, Section 134 -2, Definitions and rules of
construction, to read as follows:
Sec. 134 -2. Definitions and rules of construction:
Attic means non - habitable, unfinished space within the roof system of a building or structure with
less than seven (7) feet of head room, access by only pull down, non - mechanical stairs and used only
for storage, mechanical or machinery use.
Building, height of, (applicable to lots or portions of lots east of the State of Florida Coastal
Construction Control Line (CCCL)) means the vertical distance from the point of measurement for
height to the bottom of the top chord of the roof framing member where it intersects the plane of the
outside face of the exterior wall for pitched roofs (excluding dormer windows in non - habitable space).
For flat roofs the measurement is from the point of measurement for height to the point where the
ceiling meets the exterior wall. The point of measurement for height in all zoning districts for buildings
either east or partially east of the CCCL shall be the minimum bottom of grade beam elevation as
Ordinance No. 7 -2014 Page 1 of 9
as established by the Florida Building Code phis two feet, the highest crown of road in front of the lot,
or the highest first floor elevation of an abutting principal building, whichever is highest, provided the
following conditions are met:
(1) The proposed principal building can be no closer to the bulkhead line than the average
setback of the closest principal buildings on the north and south side of the subject lot, provided
the required rear setback is met;
(2) The proposed principal building can be no closer to the front property line than the average
front setback of the closest principal buildings on the north and south side of the subject lot,
provided the required front setback is met; and
(3) The proposed building can be no taller than five feet above the average height of the
principal buildings on the north and south side of the subject property provided the overall
height does not exceed the maximum overall height allowed. For the purpose of constructing
additions that do not exceed 800 square feet onto an existing structure on a lot, the point of
measurement for height shall be the top of the lowest floor slab on the existing structure
provided that said addition(s) meet the minimum requirements as established in the Florida
Building Code for construction east or partially east of the CCCL.
Habitable space means space in or on a structure used or intended to be used for occupancy, for
living, sleeping, lounging, eating, cooking or recreation. Finished or unfinished floors above the
maximum number of stories allowed containing an elevator, permanent or mechanically operated stairs
and seven feet or more of head room shall be considered habitable space. Closets, hallways, storage
rooms, attics, machinery rooms, mechanical equipment rooms, utility space and similar areas shall not
be considered habitable space.
Off ce, veterinarian means an establishment which provides medical and surgical care for animals,
and may provide overnight facilities.
Sign, individual business means a flat wall- mounted identification sign permitted for each
individually town- licensed business with street or parking lot frontage and having direct ground level
walk -in access from a public or private roadway, er sidewalk, or parking lot in a commercially zoned
district.
Story means that portion of a building, other than an attic, included between the surface of any floor
and the surface of the next floor above it or, if there is no floor above it, the space between such floor
and the ceiling next above it. Habitable space, open patios, accessible roof decks not used exclusively
for mechanical equipment, observation decks and /or similar areas located above the first or second
story shall be considered a story for the purpose of this definition.
Ordinance No. 7 -2014 Page 2 of 9
Section 2. Amend ARTICLE II, ADMINISTRATION, Section 134 -172, Hearing procedure,
to read as follows:
Sec. 134 -172. - Hearing procedure.
(a) Applications for special exceptions or variances shall be accompanied by proper exhibits, which
shall be timely filed and shall include plans, documents and other materials to adequately depict and
support the request. At a minimum, all applications for a variance shall include a plot plan identifying
the following information: Location of structure(s), lot size, setbacks, percent of lot coverage, percent
landscaped open space (front yard and total lot), and finished topographical elevations. In addition, if
historic /specimen trees are located on the subject property, a signed and sealed survey with all
pertinent information including the location of historic /specimen trees is required and a detailed
written explanation of how said trees shall be protected by barricading shall accompany said
application. Upon receipt of the application for a special exception or variance, the procedures in this
section shall be undertaken.
(b) The director of planning, zoning and building or designee shall examine all applications
requesting rezoning, special exception uses, dimensional variances or other matters requiring a public
hearing to determine if they meet the requirements of this chapter, and that the action or approval
requested is properly allowable by the town council under this chapter and if so shall prepare a report
setting forth his recommendations. If the director or designee determines the application fails to meet
the provisions of this chapter, he may schedule a pre- application conference and request
modifications as may be required to bring the application within the provisions of this chapter.
(c) After completion of subsection (b), a copy of such application shall be mailed to the owners of
the property and the property immediately adjacent thereto and across the street therefrom and to all
property owners within 300 feet from any part of the subject property at the address shown on the
county property appraiser's tax records, together with a notice from the director or designee advising
the time of the hearing on such application before the town council. If a variance is being requested
that exceeds the maximum density allowed in the zoning district based on the maximum density
allowed by the Future Land Use designation on the property, the notification distance shall increase to
1,000 feet. Such list of property owners, together with a notification map, shall be provided by the
applicant along with addressed and properly stamped envelopes and shall be certified by the applicant
as being true and accurate.
(d) The director or designee shall also cause to be published in a newspaper of general circulation in
Palm Beach or West Palm Beach a brief summary of such application and the date of the hearing,
directed "to all to whom it may concern "; such notice to be published on two separate days not less
than seven days apart, the first to be at least ten days before the meeting of the town council to
consider such application. The cost of such publication shall be borne by the applicant.
(e) No application shall be heard less than ten days after the first publication of the notice and 15
days after the mailing to property owners directly affected as provided in this section, and all
applications will be heard at regular meetings of the town council unless otherwise ordered by the
town council in accordance with sections 134 -141, 134 -142, 134 -201 and 134 -226.
(f) An initial deferral requests received by the town more than seven days prior to scheduled town
council hearing date may be granted for one month only or the next succeeding regular town council
meeting, if that should occur on a different date. Any deferred action request received seven days or
less from the scheduled meeting date shall be made in person at the town council meeting at the time
the action item appears on the agenda. The applicant must explain or justify the request, which the
town council may approve or deny. A second request for deferral shall be made in person at the town
Ordinance No. 7 -2014 Page 3 of 9
council meeting at the time the item appears on the agenda. The applicant must explain or justify the
request, which the town council may approve or deny. A third request for deferral shall be denied
unless the applicant can demonstrate to the town council that a compelling reason exists. Any deferral
which is required due to a case being deferred by the architectural commission or landmark
preservation commission shall be an exception to the regulation above. In no case shall a deferral
exceed six months.
(g) An application request seeking substantially the same relief cannot be accepted for consideration
after it has been denied by the town council until after 12 months have elapsed from the date of
denial.
(h) The work or use authorized under an approved variance or special exception application must be
commenced within 12 months from the date of the town council approval thereof, and if not so
commenced the special exception or variance shall be null and void. Commencement shall be
considered as either landmarks preservation commission or architectural commission application
approval, whichever is appropriate, or the submission of a building permit application if said
commission's approval is not required.
A building permit, if required, must be issued within one year of the date of commencement or said
special exception or variance approval shall expire. In addition, all authorized work under the
building permit for said approved special exception or variance must be completed within the time
frame set forth in section 105.4.1.6. of the Florida Building Code as amended in section 18 -242 of
this Code or said special exception or variance shall expire.
(i) A request for a time extension from any of the requirements in subsection (h) may be granted or
denied by the town council for just cause. Said time extension request shall be submitted in writing to
the planning, zoning and building department at least one month prior to the expiration date or said
special exception or variance approval shall expire.
Section 3. Amend ARTICLE II, ADMINISTRATION, Section 134-261, Town council
actions; submission to planning and zoning commission for recommendations and report; to read as
follows::
Sec. 134 -261. Town council actions; submission to planning and zoning commission for
recommendations and report; hearings.
(a) The town council may from time to time on its own motion or on petition, signed by the fee
simple property owner of the property involved or authorized designee, agent or representative of the
owner by power of attorney filed with the director of the planning, zoning and building department or
designee, amend, supplement, change, modify or repeal the regulations, restrictions or district
boundaries established in this chapter.
(b) Any proposed amendment, supplement, change, modification or repeal shall first be submitted
to the director of planning, zoning and building or his designee, who shall submit it to the planning
and zoning commission for its recommendations and report. Upon the filing of the recommendations
and report by the planning and zoning commission, the town council shall proceed to hold a public
hearing in relation thereto, giving at least 15 days' notice of the time and place of such hearing in a
newspaper having a general circulation in the town, and by posting the notice on the official bulletin
board of the town hall. If a proposed comprehensive plan amendment, zoning text amendment or
zoning change increases the allowable density or intensity, a notice identifying such amendments or
changes shall be mailed to all property owners within 1,000 feet from any part of the subject property
at the address shown on the county property appraiser's tax records, advising of the day and time of
the hearing on such application before the town council. Said notice shall be mailed at least fifteen
Ordinance No. 7 -2014 Page 4 of 9
days prior to the date for town council consideration of the proposed amendment(s) or zoning
change(s).
(c) If an adverse report is given by the planning and zoning commission or if a protest against such
proposed amendment, supplement, change, modification or repeal shall be presented in writing to the
town clerk, duly signed and acknowledged by the owners of 20 percent or more, either of the area of
the lots included in such proposed change or of those immediately adjacent in the area thereof
extending 500 feet therefrom, such amendment shall not become effective except by the favorable
vote of three -fifths of all the members of the town council. In the event of a tie vote, the mayor shall
cast the deciding vote, which shall constitute the three -fifth's requirement of the town council stated
herein.
(d) The planning and zoning commission shall hear applications to rezone property and /or to
amend, supplement, change, modify or repeal any article, division or section of this chapter within 60
days of the application being deemed complete by the director of the planning, zoning and building
department or designee. Any proposed amendment to change property from one zoning district to
another zoning district shall require the favorable vote of at least four members of the town council. A
public hearing on the application shall then be held by the town council after public notice of the
hearing is given in accordance with law.
Section 4. Amend ARTICLE II, ADMINISTRATION, Section 134 -2436, Town council
actions; submission to planning and zoning commission for recommendations and report; to read as
follows:
Sec. 134 -2436. Building identification and business signs.
One building identification sign may be provided on the front of each wall of a building which fronts
onto a street, provided the building identification sign is installed flat against such wall and does not
exceed 20 square feet in area. Additionally, individual business signs which are installed flat against
the street front, of street side wall or street rear wall of a building are permitted for each licensed
business in a building in accordance with this division. In addition, if a ground floor licensed
business's parking and main entrance is on the back or side of a building, said business shall be
allowed one business identification sign installed flat against the face of the building's wall where the
business is located. Said sign shall not exceed 15 feet in height nor situated above the first floor ceiling
of the building, whichever is lower. A licensed business within a building arcade or via shall be
allowed one hanging business identification sign within the arcade and perpendicular to the building. If
the hanging sign is within a via said sign shall be mounted on the wail of the building fronting the via.
A hanging business identification sign shall not be above the first floor of the building it is attached to,
shall have a minimum of eight feet of clearance, and shall be calculated as part of the maximum
business identification sign area allowed. In addition said hanging business identification sign shall
have only the name of the business and shall require either architectural commission or landmark
preservation commission approval, whichever is pertinent.
Section 5. Amend ARTICLE VI, DISTRICT REGULATIONS, Section 134 -1108 in the C-TS
Commercial Town - Serving District, to read as follows:
Sec. 134 -1108. Permitted Uses.
Enumerated maximum gross leasable area. The permitted uses in the C-TS town - serving commercial
district, with a maximum of 3,000 square feet gross leasable area (GLA), are as follows:
(2) Offices, executive office suites, professional services, business services, excluding veterinarian
offices, and securities and financial brokerage and trust companies above the first floor,
Ordinance No. 7 -2014 Page 5 of 9
Sec. 134 -1109. Special exception uses.
(a) 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 -TS commercial town - serving district are as follows:
(15) Veterinarian offices above the first floor.
Section 6. Amend ARTICLE VI, DISTRICT REGULATIONS, Section 134 -1157 in the C-
WA Commercial Worth Avenue District, to read as follows:
Sec. 134 -1157. Permitted uses.
Enumerated maximum gross leasable area. The permitted uses in the C -WA Worth Avenue
commercial district, with a maximum of 4,000 square feet gross leasable area (GLA), are as follows:
(28) Offices and professional and business services, including banks and financial institutions, and
executive offices above the first floor, excluding veterinarian offices.
Section 7. Amend ARTICLE VI, DISTRICT REGULATIONS, Section 134 -1207 in the C-
OPI Office, Professional and Institutional District, to read as follows:
Sec. 134 -1207. Permitted uses.
The permitted uses in the C -OPI office, professional and institutional district are as follows:
(1) Offices and professional and business services and executive offices, excluding veterinarian
offices.
Section 8. Amend ARTICLE VI, DISTRICT REGULATIONS, Section 134 -1257 and 134-
1259 in the C -PC, Planned Center District to read as follows:
Sec. 134 -1257. Permitted uses.
(a) The permitted uses in the C -PC planned center district are as follows:
c. Business and professional offices /services and executive office suites, excluding veterinarian
offices.
Sec. 134 -1259. Special exception uses.
(a) 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 -PC planned center district are as follows:
(14) Veterinarian offices.
Section 9. Amend ARTICLE VI, DISTRICT REGULATIONS, Section 134- 1302,\ in the C -B,
Commercial District to read as follows:
Sec. 134 -1302. Permitted Uses.
(b) The permitted uses in the C -B commercial district are as follows:
(1) Business and professional offices /services and executive office suites, excluding veterinarians.
Ordinance No. 7 -2014 Page 6 of 9
Sec. 134 -229. Requirements for granting.
The requirements for granting a special exception use under this chapter are as follows:
(1) The use is a permitted special exception use as set forth in article VI of this
chapter.
(2) The use is so designed, located and proposed to be operated that the public
health, safety, welfare and morals will be protected.
(3) The use will not cause substantial injury to the value of other property in the
neighborhood where it is to be located.
(4) The use will be compatible with adjoining development and the intended
purpose of the district in which it is to be located.
(5) The use will comply with yard, other open space, and any special requirements
set out in article VI for the particular use involved.
(6) The use will comply with all elements of the comprehensive plan.
(7) The use not result in substantial economic, noise, glare, or odor impacts on
adjoining properties and properties generally in the district.
(8) Adequate ingress and egress to property and proposed structures thereon and
off - street parking and loading areas will be provided where required, with particular
reference to automotive and pedestrian safety and convenience, traffic flow and control,
and access in case of fire or catastrophe.
(9) Signs, if any, and proposed exterior lighting with reference to glare,
traffic safety, and economic impact shall be compatible and in harmony with properties
in the district.
(10) Location, availability and compatibility of utility service for the use
shall be satisfactory to ensure health and safety.
(11) Refuse and service areas for the use shall not adversely affect automotive and
pedestrian safety and convenience, traffic flow and control, or access in case of fire or
catastrophe.
(12) In all districts except the C -OPI district, and also with the exception
of hotel, motel and timeshare uses, the proposed special exception use will not attract the
principal portion of its customers /clients from off - island locations. The applicant shall
submit evidence satisfactory to the town council that not less than 50 percent of the
customers of the proposed use will be town persons. Evidence submitted in support of
this contention shall include credible data or information suitable for review by the town
to determine the credibility and the appropriateness of the applicant's conclusion. The
submittal shall include a description of the types of information used and the
methodology employed to arrive at the conclusion. Information used shall include, but
shall not be limited to, lists of customer /client addresses or certification thereof by an
independent certified public accountant approved by the town, market studies prepared
by independent professional firms, or data from similar operations under the control of
the applicant. The town may in the future require the applicant to demonstrate to the
satisfaction of the town council that the special exception use is continuing to be town -
serving.
(13) If historic /specimen trees are located on the subject property, the location of said
historic /specimen trees shall be identified on a signed and sealed survey. In addition,
adequate landscaping, screening and barricade protection of historic/ specimen trees shall
be demonstrated to be provided as required in this chapter.
Ordinance No. 7 -2014 Page 7 of 9
(14) The proposed use will not place a greater burden than would be caused by a
permitted use on municipal police services due to increased traffic or on fire protection
services due to the existence of or increased potential for fire /safety code violations.
Section 10. Amend ARTICLE XI, SIGNS, Section 134 -2437, Size of sign; to read as follows:
Sec. 134 -2437. Size of sign.
The gross surface area of all business signs on a building shall not exceed the following schedule:
Building Street Frontage or Building first floor tenant main entrance and parking
Maximum Gross
frontage
Surface Area for
Per Ground Floor
Business Signs
Individual Business Sign
(in feet)
Space (in feet)
Less than 18
10
18 and over
20
Note: This permitted gross surface sign area per individual business may be in the form of one sign or
composed of a group of smaller signs that advertise any licensed individual business with the building,
provided their aggregate area does not exceed that area contained in the schedule. The gross surface
area of any signs on a building shall not, however, exceed 20 square feet. In addition, any hanging
sign, as allowed in section 134 -2436, shall not exceed two square feet in area.
Section 11. Amend ARTICLE XI, SIGNS, Section 134 -2438, Size of sign; Permitted lettering,
logos, to read as follows:
Sec. 134 -2438. Permitted lettering, logos.
Signs permitted under this division shall consist of lettering which specifies only the name of the
establishment as identified in the business tax receipt and State registration, a logo as provided for
below and /or the nature of the business. Logos shall be allowed, provided that such logo will fit within
a box no more than 12 inches square. Not more than one such logo shall be permitted on the street
frontage of each business establishment, and the area of such logo shall be counted toward the
maximum allowable gross area of sign.
Section 12. 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 13. 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.
Ordinance No. 7 -2014 Page 8 of 9
Section 14. Codification.
This Ordinance shall be codified and made a part of the official Code of Ordinances of the
Town of Palm Beach.
Section 15. Effective Date.
This Ordinance shall take effect 31 days subsequent to its passage on second and final reading.
PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the Town of
Palm Beach on first reading this 9th day of April 2014, and for second and final reading on this 14th
day of May, 2014.
Gai onigI io, ayor
r�
ATTEST
usan A. Owens, MMC, Town Clerk
Richard M. Kleid, Town Council Member
Ordinance No. 7 -2014 Page 9 of 9