Ordinance 05-2011 Zoning ORDINANCE NO. 5-2011
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH,
PALM BEACH COUNTY FLORIDA, AMENDING CHAPTER 134, ZONING, AT
SECTIONS 134-172 TO CHANGE THE COMMENCEMENT OF SPECIAL
EXCEPTIONS AND VARIANCES FROM ARCHITECTURAL COMMISSION OR
LANDMARK PRESERVATION COMMISSION SUBMISSION TO APPROVAL;
SECTION 134-330 TO CHANGE THE COMMENCEMENT OF SITE PLAN REVIEW
AS ARCHITECTURAL COMMISSION OR LANDMARK PRESERVATION
COMMISSION SUBMISSION TO APPROVAL; SECTIONS 134-1107 AND 134-1109
TO PERMIT OFFICE USES ON THE FIRST FLOOR IN THE TWO HUNDRED
BLOCK OF PERUVIAN AVENUE AND BRADLEY PLACE IN THE C-TS ZONING
DISTRICT; SECTION 134-2175 BY PROVIDING AN EXEMPTION FOR THE TWO
HUNDRED BLOCK OF PERUVIAN AVENUE AND BRADLEY PLACE IN THE
C-TS ZONING DISTRICT FROM PRINCIPAL EQUIVALENCY FOR REQUIRED
PARKING; SECTIONS 134-2436 AND 134-2437 TO PROVIDE A PROVISION TO
ALLOW HANGING BUSINESS IDENTIFICATION SIGNS IN COMMERCIAL
ZONING DISTRICTS; 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 a public hearing pursuant to notice as required by law, the Town Local
Planning Agency has recommended that 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 II, ADMINISTRATION, Sec. 134-172 at subsection (h),
Hearing procedure,to read as follows
Sec. 134-172.Hearing procedure.
(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.
Page 1 of 6
Ordinance No.5-11
7
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 the Code of Ordinances or said
special exception or variance shall expire.
Section 2. Amend Article II, ADMINISTRATION, Section 134 -330 at subsection (c),
Action by the town council; deviations; time limit for beginning work, to read as follows:
Sec. 134 -330. Action by the town council; deviations; time limit for beginning work.
(c)The work authorized by town council approval of a site plan review must be
commenced within 12 months after the date of town council approval thereof, and if not so
commenced town council approval shall thereupon become null and void.
Commencement shall be considered either Landmarks Preservation Commission or
Architectural Commission approval or the submission of a building permit application if
said Commission's approval is not required.
A building permit must be issued within one year of the date of commencement or said site
plan review approval shall expire. In addition, all authorized work under the building
permit for said approved site plan review must be completed within the construction
schedule contained in section 105.4.1.6. of the Florida Building Code as amended in
section 18 -242 of the Code of Ordinances or said site plan review approval shall expire.
Section 3. Amend Article VI, DISTRICT REGULATIONS, Sec. 134 -1107 at subsection
(a)(3) and (6), Permitted Uses, to read as follows:
Sec. 134 -1107. Permitted uses.
(a) Enumerated; maximum gross leasable area. The permitted uses in the C -TS
town - serving commercial district, with a maximum 2,000 square feet of gross leasable area
(GLA), are as follows:
(1) Retail and service establishments, such as restaurants, excluding formula
restaurants as defined in section 134 -2 and bars /lounges, hardware stores, food
stores, clothing stores, drugstores, barbershops beauty salons and jewelry stores.
(2) Offices, executive office suites, professional services, business services and
securities and financial brokerage and trust companies located above the first floor.
(3) Offices, professional services, business services and securities and financial
brokerage and trust companies in the 200 block of Peruvian Avenue and Bradley
Place.
(4) Nonprofit cultural centers.
(5) Professional and studio type schools.
Page 2 of 6
Ordinance No. 5 -11
8
(6) Essential services.
Section 4. Amend Article VI, DISTRICT REGULATIONS, Sec. 134 -1109 at subsection
(a)(18), Special exception uses, to read as follows:
Sec. 134 -1109, Special exception uses.
(a) The special exception uses require a site plan ai4 review as provided in article III of
this chapter. The special exception uses in the C -TS town - serving commercial district are
as follows:
(18) Except as provided for in Sec. 134 - 1107(3), offices (excluding executive office
suites), professional services, business services and securities or financial
brokerage and trust companies on the first floor provided that there are at least 50
percent existing office uses on all floors of the building in which the office use is
proposed and more than 50 percent existing office uses on the first floor within 300
feet of the proposed office use within the same zoning district.
Section 5. Amend Article IX, OFF - STREET PARKING AND LOADING *, Sec.
134 -2175 at subsection (a)(3)(b) and (e), Number of parking spaces required - Generally, to read as
follows:
Sec. 134 -2175. Number of parking spaces required- Generally.
(a) Under this division the following shall be provided.
(3) Except as provided in subsection (f), at the time any use or occupancy of an existing
building is changed to a new use or occupancy having differing off - street parking
requirements, the parking requirement for the new use or occupancy shall be computed on
the basis of the schedule of off - street parking requirements in the section 134 -2176. This
requirement shall be compared to the requirements of the existing use or occupancy, and, if
the total number of spaces required under the new use or occupancy exceeds that of the
existing use or occupancy, the difference shall constitute that number of additional
off - street parking spaces to be provided, with adequate provisions for ingress and egress, in
accordance with sections 134 -2172 and the schedule of off - street parking requirements as
prescribed in section 134 -2176.
(b) Except as provided in subsection (f), a use, building or structure, lawfully m existence
at the effective date of this division, which shall be made nonconforming on the effective
date of the ordinance from which this division drives or any applicable amendment thereto,
may be continued even though off - street parking may not be provided in full compliance
with this division, but the degree of nonconformity due to a deficiency in providing the
Page 3 of 6
Ordinance No. 5 -1 1
9
required off - street parking spaces may not be increased, either by reducing the number of
parking spaces which are provided on the effective date of the ordinance from which this
chapter is derived or by changing the use or occupancy of an existing building to a use or
occupancy which increases the requirement for off - street parking. For existing buildings
or establishments therein which are nonconforming with respect to the current parking
requirements, and which involve only those uses requiring one space per 200 or 250
square of gross leasable area, whichever is applicable, and which may be required under
this chapter to provide additional parking spaces as a result of a change in use, such
establishments shall be required only to provide that number of spaces over and above the
number of spaces that would have been required at one space per 200 or 250 square feet of
floor area gross leasable area, whichever is applicable.
(f) In the 200 Block of Peruvian Avenue and Bradley Place in the C -TS zoning district,
existing buildings or establishments therein which are nonconforming with respect to the
current parking requirements, and which involve only those uses requiring one space per
200 or 250 square feet of gross leasable area, whichever is applicable, shall not be required
to provide additional parking spaces as a result of a change from a use which alters the
parking ratio from one space per 250 square feet to a use which requires one space for
every 200 square feet of gross leasable area.
Section 6. Amend Article XI, SIGNS *, Sec. 134 -2436, Building identification or
business identification signs, 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, business signs which
are installed flat against the street front or street side wall of a building are permitted for
each licensed business in a building in accordance with this division. 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 wall 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 8 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 7. Amend Article XI, SIGNS *, Sec. 134 -2437, Building identification and
business identification signs, to read as follows:
Page 4 of 6
Ordinance No. 5 -11
10
Sec. 134 -2437. Size of Signs.
The gross surface area of all business signs on a building shall not exceed the following
schedule:
Building Street Frontage Maximum Gross
Per Ground Floor Surface Area for
Individual Business Sign Space Business Signs
(in feet) (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 which may 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 Sec.
134 -2436, shall not exceed two square feet in area.
Section 8. 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 9. 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.
Section 10. Codification.
This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of
Palm Beach.
Section 11. Effective Date.
This Ordinance shall take effect 31 days subsequent to its passage on second and final reading.
Page 5 of 6
Ordinance No. 5-11
11
PASSED AND ADOPTED in regular, adjourned session assembled on first reading this 16th day
of February, 2011, and second and final reading on this 9th day of March, 2011.
t ‘/ r illiald - 4 aof
i f it . Con i , Mayor David A. Rosow, Town Council President
.-\ : I 1 (AlLeEr
Robert N. Wildnck, President Pro Tem
William J. Diamond, Town Council Member V 1C-4-4
Ric ard\V1. Kleid, Town C . • ' Member
Micha -1J. P a , Tow I Council Member
ATTEST:
v c • , Chin - So ' rs, Acting Town Clerk
}/ 6 sh
• . A 1
-•
III ) • • . , ' , ■
•'\` \ r
' \' \
Page 6 of 6
Ordinance No. 5-11
12
TOWN OF PALM BEACH
Town Council Meeting on: March 9, 2011
Section of Agenda
Ordinances - Second Reading
Agenda Title
ORDINANCE NO. 5 -11 An Ordinance Of The Town Council Of The Town Of Palm
Beach, Palm Beach County Florida, Amending Chapter 134, Zoning, At Sections 134 -172
To Change The Commencement Of Special Exceptions And Variances From Architectural
Commission Or Landmark Preservation Commission Submission To Approval; Section
134 -330 To Change The Commencement Of Site Plan Review As Architectural
Commission Or Landmark Preservation Commission Submission To Approval; Sections
134 -1107 And 134 -1109 To Permit Office Uses On The First Floor In The Two Hundred
Block Of Peruvian Avenue And Bradley Place In The C -TS Zoning District; Section 134-
2175 By Providing An Exemption For The Two Hundred Block of Peruvian Avenue And
Bradley Place In The C -TS Zoning District from Principal Equivalency For Required
Parking; Sections 134 -2436 And 134 -2437 To Provide A Provision To Allow Hanging
Business Identification Signs In Commercial Zoning Districts; Providing For Severability;
Providing For Repeal Of Ordinances In Conflict; Providing For Codification; Providing For
An Effective Date.
Presenter
John Page, Director of Planning, Zoning, and Building
Supporting Documents
• Ordinance No. 5 -11
• Memorandum dated March 3, 2011, from Gay Cinque
6