Ordinance 01-2015 Zoning Ordinance No. 1-2015
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; Article IV,
NONCONFORMITIES, Section 134-392(B) To Modify The Language For Terminating
Nonconforming Uses Within Nonconforming Buildings Or Structures To Be Consistent With The
Termination Language For Nonconforming Buildings And Structures Within Other Code Sections In
Article IV; 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 required by law, the Planning and
Zoning Commission considered all testimony and recommended the following changes to the
Code of Ordinances;
WHEREAS, after public hearing pursuant to notice required by law, the Local Planning
Agency considered the Planning and Zoning Commission's Record and Report and 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 IV, NONCONFORMITIES, Section 134-392, Termination,
to read as follows:
See. 134-392. - Termination.
a Abandonnwnl. Under this chapter, the discontinuance of a nonconforming use with the
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intention of the owner thereof to terminate the use for any period of time is an abandonment.
Likewise, the discontinuance of a nonconforming use for a period of two years without the
intention of the owner thereof to discontinue the use and/or the change of a use to a more
restricted or conforming use for any period of time shall be considered an abandonment
thereof, and such nonconforming use shall not thereafter be revived.
(b) Destruction or partial destruelion. When 50 percent or more of the existing floor area of a
nonconforming building or structure e occupied by a nonconforming use is
d,ayed b-y unintentionally damaged or destroyed such as by an act of terrorism or war or
fire or other casualty, or act of God or nature, or the acts of the owner thereof,the use of such
building 01 structure as a nonconforming use shall immediately be terminated. If a town-
designated landmark which contains a nonconforming use is destroyed by tine or other
casualty or act of God, to the extent of more than 50 percent, as determined by floor area prior
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to its destruction, such designated landmark may be reconstructed in its original location to its
original size and configuration and the nonconforming use may continue.
Section 2. 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 3. 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 4. Codification.
This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town
of Palm Beach.
Section 5. 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 14th day
of January, 2015, and second and final reading on this day of , 2015.
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Ga61' Conig i , ayor Michae J. Pucillo, wn Council President
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Richard M. Kleid, Council President Pro Tem
Danielle H. Moore, Town s ouncil Member
ATTEST: Penelope . Townsend, Town Council Member
usan A. Owen , MC, Town Clerk Robert N. Wildrick, Town Council Member
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