Ordinance 11-2015 Building & Building RegulationsAN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF PALM BEACH, PALM BEACH COUNTY, FLORIDA,
AMENDING THE TOWN CODE OF ORDINANCES BY
RESCINDING CHAPTER 18, BUILDINGS AND BUILDING
REGULATIONS, IN ITS ENTIRETY AND ADOPTING A
NEW CHAPTER 18, BUILDINGS AND BUILDING
REGULATIONS IN THE MANNER AND FORM ATTACHED
HERETO; 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:
Section 1. The Code of Ordinances of the Town of Palm Beach is hereby
amended by rescinding Chapter 18, Buildings and Building Regulations, in its entirety
and by adopting a new Chapter 18, Buildings and Building Regulations, in the manner
and form attached hereto.
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conflict with this or any part of this Ordinance are hereby repealed.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 immediately upon its passage and approval, as
provided by law.
PASSED AND ADOPTED in a regular, adjourned session of the Town Council of
the Town of Palm Beach on first reading this 10th day of March, 2015, and for second
and final reading on this,, -15th day of April, 20
ai L. Coni io, Mayo Michae J. Pucillo, n Council President
Ric and M. Kleid, President Pro Tem
ATTEST:
usap, wens, own Clerk
'
� t F
Penelopef D. Townse
ncil
, Town Council Member
Robert N. Wildrick, Town Council Member
Ordinance No. 11-2015 Page 2 of 2
M:r12114:4 =3
ARTICLE 1. IN GENERAL
Sec. 18-1. Datum plane adopted.
The official datum plane to be used in the town is hereby declared to be the
National Geodetic Vertical Datum (NGVD). The secondary datum plane to be used in
the town is hereby declared to be the North American Vertical Datum (NAVD).
Reference to NAVD should be included with a local conversion table when NGVD is
provided on documents for town review.
Sec. 18-2. Landscaping; maintenance where used for screening.
In any instance where hedges or other landscaping #ashave been or isare
installed in the future, to provide screening for off-street parking or any other purpose,
the owner of any such property is required to maintain any such hedge or other
landscaping in accordance with the approved landscape plan and in the manner in
which hedges and landscaping of a similar nature are erdiRaFily required to be
maintained as specified elsewhere in this code#4he4owR.
Sec. 18-3. ®n job toilet facilities, required.
It shall be the duty of the owner or contractor on any construction work in the
town requiring a permit to provide and have available on the premises where such
construction is taking place such toilet facilities for all workers during the entire
construction period as are deemed adequate by the building official. If a temporary
building is used for that purpose, its construction, location and operation shall be
approved by the building official. Such temporary toilet facility shall be effectively sight -
screened from all roads, streets, etc., by walls, hedges, buildings or other methods as
approved by the building official.
DIVISION 1. GENERALLY
Sec. 18-36. Penalties.
Any person violating the provisions of any section of this article shall upon
conviction by the code enforcement board be fined as provided in section 2-430 and/or
section 2-439. Nothing herein shall preclude prosecution under section 1-14.
I -91M 61 Eli] ol I Zc�7 �3NTIT
Sec. 18-61. Position established.
There is established the position of building official of the town, te-be- appoint
et�
by and ewe - iI! of the Foran manager nr he6ignoo_who shall report to the
director of planning, zoning & building. The building official shall be certified as a
building code administrator by the State of Florida. Alternatively, the director of
planning zoning & building may designate a qualified consultant or qualified person
employed by a consultant to serve in the capacity of building official provided the person
or firm has been selected in accordance with adopted town procedures.
Sec. 18-62. Duties.
The building official shall be the administrative head of the building division of the
planning, zoning & building and zening-department and shall be responsible for its
operation and administration. In addition to the duties prescribed elsewhere in this
Code, or the ordinances of the town, or in the codes and standards adopted by the
town, the building official shall:
(1) Issue all permits for the erection, repair or removal of any building or structure
in the town, and shall keep on file 'in44s-e#isea record copy of every permit
issued by ham, and and -the applications upon which the
permits were granted.
(2) Subject to the ordinances, rules and regulations of the town council and
ordinances of the town, inspect all buildings and structures in the course of
erection, removal or repair, for the erection, removal and repair of which a
permit is required by the ordinances of the town.
Sec. 18-63. Conflict of interest of �r,c�on;employees licensed under Chapter
468.069.
It shall be unlawful for the building official or any plans examiner or inspector
under his/her jurisdiction to have any financial interest in any firm or business engaging
in any work regulated by this chapter; or to do any work regulated by this chapter for
another for compensation; or to sell or have any financial interest in any concern selling
any supplies, tools or equipment normally used in doing work regulated by this chapter;,
or have any financial interest in any firm or business performing any services requiring
certification under Chapter 468; or to perform any service requiring certification under
Chapter 468 for another for compensation. All licenses held by the building official,
inspectors or plans examiners who are permanent employees, issued under FS 489 or
by a County Competency Board must be placed in inactive status within three (3)
months of employment and maintained in inactive status for the length of employment.
Sec. 18-86. Plans to contain reference to elevations.
All floor alterations for residences, buildings, piers, bulkheads, seawalls, landing
docks and other structures erected within the town, and requiring the filing of plans with
any department of the town, shall refer to the elevations of such structures as being
computed on the National Geodetic Vertical Datum with reference to NAVD included in
the local conversion table as required in Sec 18-1.
Sec. 18-87. Floor elevation in low areas.
(a) No residence shall be constructed in any areas within the town that are
subject to overflow and to the accumulation thereon of water unless the first floor of
such residence shall be 18 inches or more above the grade established by and- filed in
the eff',Ge of the town engine^is established by a Florida registered professional
engineer and approved by the town engineer or his or her designee, and in
conformance with Chapter 134. No garage shall be constructed incident to the
residence unless the floor of such garage shall be six inches above the grade
established by arid-filed—in the e#Tse of IEUE + ^.ne^�a Florida registered
professional engineer and approved by the town engineer or his or her designee and in
conformance with Chapter 134; however, exceptions to the elevation required for the
floor of such garages or residences may be granted, if suitable drainage, other than
natural, is provided, with the written approval of the town engineer and building official.
(b) No building permit for the construction of any residence or garage incident
thereto in the areas described in subsection (a) of this section shall be issued by the
building official unless the plans and specifications therefore show compliance with this
section.
(c) The provisions of this section shall not be applicable in those areas of the
town subject to regulation under chapter 50, and elevations in such areas shall comply
with that chapter rather than this section.
(d) All properties must retain or properly drain (as approved by the town
engineer) all soil and water contained on or from the property. All modifications to
property which may alter the drainage plan must be approved by the town, and a
stormwater management agreement be recorded in the public records of the county
setting forth restrictions relating to the property. Whenever the elevation of the existing
grade is raised, the building official may require a retaining wall or other structure be
installed to prevent the soil and water from their property adversely affecting
neighboring properties. Upon site clearing, installation of an engineered storm water
management system designed in accordance with the town's adopted level of service,
shall commence according to applicable best management practices to retain
stormwater and prevent soil erosion into the roadway or adjacent properties, and shall
be maintained throughout the project. If the stormwater management plan includes a
provision requiring installation of retention walls, these shall be completed prior to the
stem wall foundation pour, or at a similar point in the construction process.
Sec. 18-88. Submission, approval of retaining wall plans.
No person shall construct, modify or repair any retaining walls in the town without
having first submitted to the building official detailed plans and specifications for the
construction of such retaining walls, which detailed plans and specifications shall bear
the approval of a professional engineer registered in the state. Upon review of the
plans, the applicant may be required to submit a stormwater management plan.
Retaining walls shall not occupy easements or road rights of way.
Sec. 18-89. Permits to move buildings.
No permit shall be issued pursuant to the building code if it entails the moving of
a building or structure along or across any street, sidewalk or other public way unless
the issuance of such permit has first been approved by the town manager on
recommendation of the building official and the director of public works. The manager
may attach such reasonable conditions to his or her approval as he-deemsed in the
public interest.
Sec. 18-90. Acts prohibited in course of moving buildings.
It shall be unlawful for any person engaged in moving any structure on or over
any street or public way to:
(1) Damage or interfere with any wires, trees, posts or other structures of any
kind;
(2) Do any injury or damage to any person or property;
(3) Unreasonably obstruct or interfere with the traffic on any street;
(4) Fail to obey any ordinance, rule or regulation relating to warning signals
and barriers; or
(5) Fail and refuse to replace and repair any street, pavement or sidewalk that
the town may permit to be disturbed.
DIVISION 4. COMPLIANCE WITH TOWN'S RICHT-OF-WAY MANUAL
Sec. 18-111. Compliance with town's right-of-way manual.
Any person or entity receiving a permit pursuant to the provisions of this chapter,
to the extent the public- _rights-of-way and easements of the town are used in
conjunction with said project for parking and/or any other purposes, shall be required to
comply with the department of public works, engineering division, standards applicable
to public rights-of-way and easements, as adopted by Ordinance No. 11-94 and
amended from time to time by resolution, a copy of which is on file and may be obtained
from the department of public works.
Sec. 18-112. Prohibition on demolition.
During the period of the year commencing on December 1st and ending March
1st of the following year, demolition of structures shall be prohibited and no permits for
demolition of structures shall be issued by the town during said periods. Demolitions of
the interiors of structures are not prohibited during this time provided the demolition and
the removal of debris from said demolition is completed in three days or less.
Exceptions may be allowed by the town council for the demolition of accessory
structures, when demolition shall be determined by the town council not to create a
nuisance to surrounding properties, or in circumstances determined an emergency by
the town council. In the event of an application for waiver to this prohibition on
demolition, notice shall be filed with the town at least 45 days prior to the town council
meeting at which such application is to be considered and notice shall be given to all
property owners as listed with the property appraiser's office within 300 feet of the
property lines on which the demolition is proposed to occur.
Secs. 18-113 —18-145. Reserved.
ARTICLE III. ARCHITECTURAL REVIEW
DIVISION 1. GENERALLY
Sec. 18-146. Statement of findings and purpose.
(a) The town council has found that Palm Beach is internationally known and
has become a worldwide synonym for beauty, quality and value.
(b) In recognition of the fact that beautiful communities can be created only
through a deliberate search for beauty on the part of the community leadership,
architects, planners, realtors and the building industry, backed by an appreciation of the
visual world by the people, the town council has created the architectural commission.
(c) Public action for improving community appearance, as embodied in the
architectural commission, will provide the ultimate designers of individual structures with
the larger contexts in which their particular works will be viewed. Since the beauty of a
community involves the aesthetic quality of all one sees in moving about, it goes far
beyond the design of individual architectural facades.
(d) The Comprehensive Plan and zoning codes are Is— the single most
powerful legal enforcement of an overall urban concept, but alone +tLhey does not create
beauty, aesthetic order, or amenity. The task of the architectural commission is
therefore to preserve various elements of urban beauty and require that new projects
enhance the existing elements.
(e) The essential foundation of beauty in communities is harmony. The plan
for achieving beauty must grow out of special local characteristics of site, aesthetic
tradition and development potential. Some local areas of natural beauty are the
beaches, ocean and intracoastal waterway. The vistas and visual delight of these
should be allowed only to be enhanced. It is the intent of this article to achieve a
pleasant and comprehensive cohesiveness in community development.
Secs. 147 —15-165. Reserved.
Sec. 1E-166. Membership; appointment.
(a) The architectural commission shall consist of seven members. At least two
members, but not more than three members, of such commission shall be registered
architects in the state. In the event there are, in the discretion of the town council, no
bona fide applicants who are registered architects in the State of Florida, the town may
solicit and appoint architects registered outside the State of Florida to fill one of the
architect seats. In addition to the two registered architects, one member of such
commission shall be a landscape architect, if available. However, in the event a
landscape architect is not available, then one member of such commission shall be a
master gardener or someone with equivalent expertise in landscape.
(b) The members of such commission shall be appointed by the town council,
and the commission shall designate a chair and a vice -chair.
Sec. 16-167. Qualifications of members.
(a) All members of the architectural commission shall be specially qualified by
reason of training or experience in art, architecture, community planning, land
development, real estate, landscape architecture, or other relevant business or
profession, or by reason of civic interest and sound judgment to judge the effects of a
proposed building upon the desirability, property values and development of
surrounding areas.
(b) Each member of the commission is required to be a registered voter in the
I`C1Sd:1;A>f
(a) Members of the architectural commission shall be appointed for terms of
three years from and after the expiration of each term. If a vacancy shall occur
otherwise than by the expiration of a term, it shall be filled by the town council for the
unexpired term.
(b) No member of the commission may serve more than two consecutive
terms; but this subsection shall not preclude any person from being appointed to a
successive term, subsequent to the serving of two consecutive three-year terms, if such
person has ceased to be a member of the commission for a period of time not less than
nine months. Further, if a member has been appointed to fill a vacant term of office,
which term is for a period of time less than 50 percent of a full three-year term, that
person shall not be precluded from serving for two successive three-year terms.
Additionally, although an alternate member may not serve more than two three-year
terms as an alternate, the alternate member may be appointed to serve as a regular
member of the commission and shall be entitled to serve two full three-year terms
thereafter.
Sec. 18-169. Removal provisions; absences.
All members of the architectural commission, including alternates, serve at the
pleasure of the town council and may be removed from the commission with or without
cause. Members of the commission shall be automatically removed for lack of
attendance, which is defined as failure to attend three regularly scheduled meetings in
any one calendar year. Excused absences due to illness, a death in the family, religious
holidays and requirements of legal process shall not constitute lack of attendance. The
member shall notify the Director of Planning, Zoning & Building in writing of the board
member's intended absence at least seven (7) business days prior to the regularly
scheduled meeting. Failure to do so, absent an emergency which prevents timely
notice, will cause the absence to be unexcused. Excused absences shall be entered
into the minutes at the next regularly scheduled meeting of the commission after the
absence. A member may petition the town council, in the event of extenuating
circumstances, to excuse an absence otherwise not automatically excused pursuant to
the provisions of this Code.
Sec. 18-170. Conflicts of interest.
(a) If excessive conflicts of interest arise during any one calendar year, the
architectural commission member shall be automatically removed from the commission_
Excessive conflicts of interest are defined as five or more conflicts of interest in any one
calendar year. Continuing conflicts of interest on a single application, once declared,
shall not be counted as additional conflicts of interest. This rule shall apply from the date
of adoption to the end of the 2013 calendar year and shall be applicable, thereafter, on
a calendar year basis.
(b) If a member of the commission has a conflict of interest resulting from that
member or the member's firm representing an applicant before the commission, it shall
be the duty and obligation of the member having the conflict to comply with the following
requirements:
(1) Notification of the conflict of interest shall be noted on the application form
at the time of the submission of the application. The conflict will be
identified on the commission agenda.
(2) The member having the conflict of interest shall not participate in the
discussion and shall leave the chamber until the item is concluded.
(3) The member having the conflict shall not present the project to the
commission, except in a case where the commission member is a sole
practitioner who is unable to represent a client through an associate.
Sec. 18-171. Alternate members.
The town council may, in its discretion, appoint three alternate members to the
architectural commission, who shall serve when called upon by the chair of the
commission in the absence of any regular member. Alternate members are required to
attend all meetings of the commission and are subject to the same attendance
requirements as regular members with the same provisions relating to excused
absences being applicable. Alternate members shall not vote on any matter unless they
are sitting to fill the position of a regular member of the commission who is absent or in
the event of a conflict of interest; however, alternate members may participate in the
discussion of matters coming before the commission whether they are sitting as voting
members or not.
Sec. 18-172. Rules.
The architectural commission shall adopt rules and regulations for the conduct of
its business. Four voting members shall constitute a quorum. The affirmative or
negative vote of a majority of the entire membership of the commission shall be
necessary for it to take action.
Sec. 18-173. SeGFetaiyRecord of Proceedincis.
The records of all proceedings and the basis for all findings shall be available to the
town council and to the public.
Sec. 18-174. Meetings.
The architectural commission shall meet monthly and may schedule additional
meetings in order to process applications within the time required by this Code. All
meetings shall be pen to the public.
Sec. 18-175. Issuance of permits.
(a) Approval of request. Unless requests for demolition (request shall be
reviewed considering proposed date to demolish, construct, and future use of new
construction), building and landscaping plans, elevations and proposed signs for
buildings or structures, or alterations thereto, including reroofing that involves a
significant change in materials or appearance, have been approved by the architectural
commission, or by the town council on appeal, no permit shall be issued for any such
demolition, building, structure, sign, or other development of property, or appurtenances
or alterations thereto. In addition to the criteria outlined in Sec. 18-205, such requests
will be reviewed in accordance with the procedures set forth in the ARCOM PROJECT
DESIGNATION manual, as adopted by the town council by resolution and amended by
the town council from time to time by resolution after review and recommendation by the
architectural commission.
(b) Prior to IR GGRsideFatiGR G approval of a building permit for construction
for all primary structures other than single family structures in the town, the
owner/applicant shall provide financial proof of ability to complete the construction. In
addition, the owner/applicant shall provide to the town a financial guarantee in writing
executed by all parties in interest to the property, including mortgagees, if any, in an
amount to be adopted by resolution of the town council and amended by adoption of a
resolution by the town Council the representing a percentage of
the estimated cost of demolition of the construction when complete as verified by the
town's building official, as well as the cost of returning the property to grade, and to be
sodded, landscaped and irrigated. The financial guarantee shall provide that in the
event the construction is not completed within 12 months of the maximum time
permitted for construction as set forth in section 18-23742, 106.4 of this Code, the
town may call in the financial guarantee which shall be secured in the form of a bond,
cash deposit or clean, irrevocable letter of credit, and cause the demolition of the
structure permitted herein, including bringing the property back to grade, sodded,
irrigated and landscaped as required. The financial guarantee shall be recorded in the
public records of Palm Beach County, Florida, so as to provide notice of said guarantee
to all who may have or obtain an interest in the property. This subsection, requiring a
financial guarantee, shall apply only to new construction on vacant lots and shall not be
required for restoration or renovation of existing structures or structures accessory to an
existing primary structure.
(c) Exceptions.
(1) When in the opinion of the planning, zoning and building department
director or his or /her designee,, teal—ef the improvements
contemplated in an application fora construction
permit are minimal in nature, and are not included in the listing of projects
subject to architectural review contained within the ARCOM PROJECT
DESIGNATION manual, and such improvements does not defeat the
purposes and objectives of this article, he or she may grant the permit
without requiring architectural review
notwithstanding any other
provisions of this section or this article. The decision of the planning,
zoning and building department director or his/her designee shall be
subject to appeal made to the town council in accordance with the
provisions of section 18-177.
(2) Individual structures and/or properties that have been designated or are
under consideration or in an historic district are subject to review by the
landmark preservation commission and shall not be subject to review by
the architectural commission.
Sec. 18-176. Building relocation.
The architectural commission shall review all plans submitted with applications
for moving buildings within or into the town. S+ j 'aed-Csolor photographs, 3.6 by five
+ashes,- in a format specified by the town, shall be included with the application showing
all elevations, the structure proposed to be moved, the proposed site, and the buildings
adjacent to the proposed site. The commission shall determine whether the building
proposed to be moved will fit harmoniously into the neighborhood wherein it is to be
located. It may approve, approve with conditions, or disapprove the issuance of a permit
to move such building.
Sec. 18-177. Appeals and review.
An applicant or any interested party may file an appeal to the town council on any
ruling by the architectural commission or the director of the planning, zoning & building
department or his/her designee b��s#isial made pursuant to this article. The
appeal shall take the form of a letter addressed to the town clerk. In the case of an
appeal from the architectural commission, the appeals shall be filed or made within ten
calendar days of the date of the meeting at which the decision of the commission is
rendered. In the case of an appeal from the decision of the director of planning, zoning
and building the appeal shall be filed or made within ten calendar days of the date the
director of the planning zoning and building department or his or her designee renders
the decision in writing. Appeals shall set forth the alleged inconsistency or
nonconformity with procedures or criteria set forth in this article or standards set forth in
or pursuant to this Code. The town council shall decide an appeal within 45 days of the
filing of such appeal unless an extension of time is consented to by the applicant, and
such filing shall suspend any building permit issued pursuant to the ruling of the
architectural commission or director of the planning, zoning & building department or
his/her designee bu+IdiRg s#{sial until the town council has decided the appeal. The
town council may review any decision of the architectural commission or the director of
the planning, zoning & building department bug4irig--e#islal and its disposition of the
matter shall be final. In addition to appeals, the town council shall consider Mmajor
Pprojects as defined in the ARCOM PROJECT DESIGNATION manual (thesepfejests
that require RGtlftatien of adjaGent pFopeFty owners und-ear roertinn I R-202 and have
hAPA
ed by the G mission) at the next regularly scheduled town council
meeting, subsequent to the meeting of the commission. The disposition of such matters
by the town council shall be final. Appeals filed pursuant to this section shall be based
on the record of the proceedings below and shall not be presented de novo. The time
allotted for presentation of an appeal shall be determined by the town council president.
Sec. 18-201. Preliminary sketch; site plan; final plan.
(a) Preliminary sketches of the design of a proposed structure or major
alteration may be submitted to the planning, zoning and building department director or
his/her designee for informal review so that an applicant may be informed of
10
architectural commission policies prior to preparing working drawings. if appFeved, si
(b) The applicant for a building permit , when subject to the
requirements of this article, shall submit an application to the planning, zoning and
building department director or his or /her designee 30 days prior to the next regular
meeting date for those proiects classified as Major Projects or Minor Projects -With
Notice as designated within the ARCOM PROJECT DESIGNATION manual, a site plan
as defined by section 18-2087-, and exterior elevations and such other data as will assist
the architectural commission and the planning, zoning and building department director
or his/her designee in evaluating the proposed building or structure or major alteration.
Final plans and elevations shall be drawn to scale and submitted in a format as
specified by the planning, zoning and building departMent-UPGR substaRtial paper GF
eleth and shall be of sufficient clarity to indicate the nature and extent of the work
proposed and show in detail that it will conform to the provisions of this Code. The first
sheet of each set of plans shall give the street address of the work and the name and
address of the owner and the person who prepared them. The final plot plan shall
conform to section 18-2087-. Work not thus presented may be rejected by the planning,
zoning and building department director or his ori -her designee.
(c) The applicant for a building permit, when subject to the requirements of
this article shall submit an application to thelap nning, zoning and building department
director or his or her designee at least 14 days prior to the next regular meeting date, in
the case of improvements classified as Minor Projects -No Notice within the ARCOM
PROJECT DESIGNATION manual, a site plan as defined by section 18-208, and
exterior elevations and such other data as will assist the architectural commission and
the planning zoning and building department director or his/her designee in evaluating
the proposed building or structure or major alteration. Final plans and elevations shall
be drawn to scale and submitted in a format as specified by the planning, zoning and
building department and shall be of sufficient clarity to indicate the nature and extent of
the work proposed and show in detail that it will conform to the provisions of this Code.
The first sheet of each set of plans shall give the street address of the work and the
name and address of the owner and the person who prepared them. The final plot plan
shall conform to section 18-208. Work not thus presented may be rejected by the
olannina. zonina and buildina department director or his or her designee.
Sec. 18-202. €eeeNotice; photographs.
An applicant for a building permit shall comply with the following:
(1) The applicant whose project is classified as a Major Proiect shallrp ovide
notice _pay a Feasenable fee to be determined by the buil _ I
1aetifisatie►}-by Gert; ad -mail to nearby property owners within a 250288 -foot
radius of the subject property, the cost of which shall be borne solely by the
applicant. Such notice shall be sent to the nearby property owners at least
fifteen -ter► days prior to the scheduled meeting.
11
(2) The applicant whose project is classified as a Minor Proiect-With Notice shall
provide notice to owners of adiacent properties which share, or would share
but for an intervening right of way, a contiguous border with the subject
property, the cost of which shall be borne solely by the applicant. Such notice
shall be sent at least fifteen days prior to the scheduled meeting.
(3) (2 -)-The applicant shall provide digitized3.5 by- five -iRGI;, color photographs of
the facades facing public or private way (alleys not included) of the adjacent
buildings or structures 200 feet in either direction from the proposed
construction on both sides of the public or private way (alleys not included).
Sec. 18-203. Referral of plans to commission.
(1) The planning, zoning & building department directorb,�e#isiaf shall refer
the plans required by section 18-201 to the architectural commission at its
next regular meeting. If such meeting is not scheduled within the period set
for commission action, a special meeting shall be called. The commission
shall act on the application within 391 days of the filing deadline first occurring
after the filing of full and complete data unless an extension of time is
consented to by the applicant. The applicant's approval will expire +n-12
months from the date of the meeting at which the decision was
rendereclapproval in WFitlRq, unless a building permit has been obtained. If the
building permit expires or is voided, or if a building permit has not been issued
within 12 months from the date of approval the commission approval
becomes void also. In the event such approval becomes void, an application
for approval shall be required in the same form and manner as if submitted as
a new project.
(2) A time extension from any of the requirements in subsection (a) may be
granted or denied by the architectural commission for just cause. Said time
extension request shall be submitted in writing to the planning, zoning and
building department at least two weeks prior to an architectural commission
meeting occurring prior to the expiration date, or said approval shall expire.
(3) If the application is denied an application in substantially the same form may
not be submitted until 12 months has elapsed from the date of denial.
(4) Ddeterminations of the Architectural Commission shall be rendered in writing.
Sec. 18-204. Stop work order authorized.
If work being performed is not in accordance with the approved plan, the building
official or his designated representative shall issue a stop work order, and all work shall
cease. No person shall undertake any work on such project as long as such stop work
order shall continue in effect.
IN
Sec. 18-205. Criteria for building permit.
(a) The architectural commission may approve, approve with conditions, or
disapprove the issuance of a building permit in any matter subject to its jurisdiction only
after consideration of whether the following criteria are complied with:
(1) The plan for the proposed building or structure is in conformity with good
taste and design and in general contributes to the image of the town as a
place of beauty, spaciousness, balance, taste, fitness, charm and high
quality.
(2) The plan for the proposed building or structure indicates the manner in
which the structures are reasonably protected against external and
internal noise, vibrations, and other factors that may tend to make the
environment less desirable.
(3) The proposed building or structure is not, in its exterior design and
appearance, of inferior quality such as to cause the nature of the local
environment to materially depreciate in appearance and value.
(4) The proposed building or structure is in harmony with the proposed
developments on land in the general area, with the comprehensive plan
for the town, and with any precise plans adopted pursuant to the
comprehensive plan.
(5) The proposed building or structure is not excessively similar to any other
structure existing or for which a permit has been issued or to any other
structure included in the same permit application within 200 feet of the
proposed site in respect to one or more of the following features of exterior
design and appearance:
Apparently visibly identical front or side elevations;
Substantially identical size and arrangement of either doors,
windows, porticos or other openings or breaks in the elevation
facing the street, including reverse arrangement; or
C. Other significant identical features of design such as, but not limited
to, material, roof line and height of other design elements.
(6) The proposed building or structure is not excessively dissimilar in relation
to any other structure existing or for which a permit has been issued or to
any other structure included in the same permit application within 200 feet
of the proposed site in respect to one or more of the following features:
Height of building or height of roof.
13
b. Other significant design features including, but not limited to,
materials or quality of architectural design.
C. Architectural compatibility.
d. Arrangement of the components of the structure.
e. Appearance of mass from the street or from any perspective visible
to the public or adjoining property owners.
f. Diversity of design that is complimentary with size and massing of
adjacent properties.
g. Design features that will avoid the appearance of mass through
improper proportions.
h. Design elements that protect the privacy of neighboring property.
(7) The proposed addition or accessory structure is subservient in style and
massing to the principal or main structure.
@7-) The proposed building or structure is appropriate in relation to the
established character of other structures in the immediate area or
neighboring areas in respect to significant design features such as
material or quality or architectural design as viewed from any public or
private way (except alleys).
(99) The proposed development is in conformity with the standards of this
Code and other applicable ordinances insofar as the location and
appearance of the buildings and structures are involved.
(109) The project's location and design adequately protects unique site
characteristics such as those related to scenic views, rock outcroppings,
natural vistas, waterways, and similar features.
. - 0 C'Mr-MMME WE V LE.._
(b) If the above criteria are met, the application shall be approved. Conditions
may be applied when the proposed building or structure does not comply with the above
criteria and shall be such as to bring such building or structure into conformity. If an
application is disapproved, the architectural commission shall detail in its findings the
criterion or criteria that are not met. The action taken by the architectural commission
shall be reduced to writing and -signed by the ^ and a copy thereof shall be made
available to the applicant upon request.
(c) A decision or order of the commission or the planning, zoning and building
department director or his/her designee shall not become effective until the expiration of
14
ten working days after the date upon which a ruling of the commission or the planning,
zoning and building department director or his/her designee has been made.
Sec. 18-206. Criteria for demolition permit.
A demolition permit shall be granted upon the following conditions being met:
(1) The property is not designated a landmark and is not included on a list of
properties within the planning, zoning and building department placed
under consideration as a landmark structure.
(2) That all precautions be taken as required by the planning, zoning and
building department to protect adjacent properties from dust, vibration,
pests, etc. and shall be in compliance with all provisions of section
106.3.5.3 of the Town of Palm Beach Florida Building Code Administrative
Amendments as referenced herein -x-8-242, 1-044-44 relating to demolition
permits.
(3) That perimeter landscaping and other landscaping considered by the
architectural commission to be worthy of saving be left in place and/or
preserved in a manner satisfactory to the architectural commission.
(4) If construction is not to begin within thirty days subsequent to demolition,
the lot shall be completely sodded and irrigated so as to assure that the
property will have a neat and clean landscaped appearance.
(5) An agreement is entered into between the property owner and the town
wherein the property owner agrees, in writing, to the conditions for
demolition established by the architectural commission and further
agreeing that in the event of a violation of any of the conditions placed
upon the granting of the demolition permit, the property owner shall pay to
the town a fee of $250.00 per violation per day. In the event the property
owner refuses to pay any fine as required within 15 days after a notice of
violation, the town may, at its expense, correct the violation and present a
bill to the owner for the cost of correction. In the event the bill is not paid
within 30 days of the date of the bill, the town may place a lien against the
property for the costs incurred by the town, Further, no permit to construct
shall be given until the fine or lien has been satisfied.
Sec. -18.207. PeFA.2#ed signs.
PeRnMed signs shall ^emsist of lettering that specifies the name —of the
est-ablishm.e—nt andIeF the nature of the bush,
ess
Sec. 18-2078. Site plans.
(a) A site plan shall be illustrateddfawe to scale and shall sufficiently indicate
the following for consideration of visual, safety and economic factors:
15
(1) Dimensions and orientation of the parcel;
(2) Location of buildings and structures, both existing and proposed;
(3) Location of off-street parking and loading facilities;
(4) Location and dimensions of present and proposed street and highway
dedications required to handle the traffic generated by the proposed uses;
(5) Location of points of entry and exit for motor vehicles and internal
circulation pattern;
(6) Location of walls and fences and the indication of their height and the
materials of their construction;
(7) Indication of exterior lighting standards and devices adequate to review
possible hazards and disturbances to the public and adjacent properties;
(8) Location and size of exterior signs and outdoor advertising;
(9) A preliminary landscaping plan, and a drainage statement by a
professional engineer registered in the state that the landscape plan is not
in conflict with the stormwater management plan;
(10) Grading and slopes where they affect the relationship of the buildings;
(11) Indication of the heights of buildings and structures;
(12) Indication of the proposed use of the buildings shown on the site; and
(13) The location and description of all elements of an approved stormwater
management plan.
(14) Such other architectural and engineering data as may be required to
permit necessary findings that the provisions of this Code are being
complied with.
(15) Three-dimensional (31)) plans may be required if the Architectural
Commission has determined that such illustrations are necessary for
consideration of the project.
(16) A physical model for any project involving 10,000 square feet or more of
new construction.
Any of the above requirements may be waived by the planning, zoning & building
directorbWd+a9 Offieial if he or she deems the information not essential.
16
(b) Where an attachment or minor addition to an existing building or structure
is proposed, the site plan shall indicate the relationship of such proposal to the existing
development.
Sec. 18-2080. Encroachments.
Applications for permission to encroach upon town property or public rights-of-
way, such as refacing a building, may be referred to the architectural commission. The
commission shall make recommendations to the town council in such cases as to
whether the alterations proposed would conform to the standards outlined in this article.
Sec. 18-210 —18-2340. Reserved.
ARTICLE- COD
DIVISION
Sec. 18-231. Purpose.
The purpose of the Florida Building Code is to establish the minimum
requirements to safeguard the public health, safety and general welfare through
structural strength means of egress facilities, stability, sanitation, adequate light and
ventilation energy conservation, and safety to life and property from fire and other
hazards attributed to the built environment and to provide safety to fire fighters and
emergency responders during emergency operations.
Sec. 18-232. Definitions
Continuous construction, for the purposes of this article means major
construction occurring on a site where a major construction project has been completed
within the past twelve months.
Date of commencement, for the purposes of this article means the date on which
the first permit is issued for any work on a property.
Major construction, for the purposes of this article, means a project involving
improvements to real property
with a ersieet valuation of $250,000 or more. Permitted work with a valuation less than
$250,000 becomes maior construction when additional permits are issued which cause
the total construction value of the project to equal or exceed $250,000. In that event,
the date of commencement becomes the date of issuance of the initial permit of the
rp oiect.
-Sec. 18-233. Florida Ruildina Code Adopted
17
The Florida Building Commission has adopted, by rule pursuant to F.S.
&6120.536(1) and 120.54 the Florida Building Code, which contains or incorporates by
reference all laws and rules that pertain to and govern the design, construction,
erection alteration modification, repairs, and demolition of public and private buildings
and structures and the enforcement of such laws and rules. The initial adoption of, and
any subsequent update or amendment to the Florida Building Code by the commission
is deemed adopted for use without adoption by the town pursuant to F.S. 553.73(6),
and is incorporated into the town code as if fully set forth herein.
Sec. 18-234. Amendments.
The Town of Palm Beach Administrative Amendments to the Florida Building
Code are hereby adopted by reference, and are incorporated into the Town Code as
though fully set forth herein.
Sec. 18-235. Building Division.
There is hereby established a division to be called the building division and the person
in charge shall be known as the building official, who shall be appointed by the director
of planning, zoning & building. The building official shall be certified as a building code
administrator by the State of Florida. The building official shall have the authority and
powers of office as provided in each of the standard building and construction codes
adopted by the town and is charged with the enforcement responsibilities of this
chapter. All code officials employed by the division shall be certified in accordance with
Chapter 468, Part XII, Florida Statutes.
Sec. 18-236. Schedule of permit fees and charges.
The Town Council of the Town of Palm Beach is authorized and empowered by
resolution to fix reasonable permit and inspection fees to be charged by the Town for
such building permits examinations and inspections as said council may determine is
necessary in the administration of the provisions of this article and the Florida Building
Code.
Sec. 18-237. Agreed maximum time schedule for completion of major
construction.
A maximum time calculated from the date of commencement is established for
the completion of maior construction projects in the construction schedule shown in
Table 1 herein. Said maximum time is a condition of all applicable permits and
applicant and owner accept such condition upon acceptance of a permit. The
construction schedule shall take into effect historical data of the town of construction of
similar structures within the limits of the town. Failure of the permit holder to complete
construction under the permit in accordance with the maximum time schedule shall be
prima facie evidence that the building project has not been commenced or has been
suspended or abandoned. Such prima facie evidence shall be in addition to any other
18
evidence that construction under the permit has not been commenced or has been
suspended or abandoned under the permit.
This schedule may be extended to accommodate additional time for individual
condominium units that are required by condominium rules and regulations to cease
work during the season as defined by the rules and regulations of the condominium
association. This extension shall be equal to the number of months during which
construction is required by the condominium rules to cease. Similarly, for residential
proiects in the C -WA zoning district, this schedule may be extended to take into account
the period of time during which construction is required to cease in the C -WA zoning
district as specified in section 42-199(b) pursuant to Town regulations.
I.
Projects 3,999 sq. ft, or less
16 months
16 months
Il.
Projects 4,000 sg. ft. to 5,999 sq. ft.
2-4 20 months
24 months
III
Proiects 6,000 sq. ft. to 9,999 sq. ft
30 24 months
30 months
IV
Proiects 10,000 sq. ft. to 19,999 sg. ft
36 30 months
36 months
V
Projects 20,000 sq. ft. to 39,999 sg. ft
42 36 months
42 months
VI
Projects larger than 40,000 sq. ft.
To be determined
To be determined
by the Town
Council prior to
permit issuance
by the Town
Council prior to
permit issuance
*Principal structure
at ) A. Requests for extension from this schedule will be considered by the Town
Council and approval may be granted for good cause shown as determined in
the sole discretion of the Town Council. Said request for extension shall be filed
with the Town by the contractor and the owner no later than 45 calendar days,
nor earlierelere than six months, prior to the scheduled completion date. The
request for extension shall include reasons for the necessity of granting an
extension a revised construction schedule, proposed nuisance mitigation
measures and a statement that notice to neighbors within 200 feet will be
provided at least twenty-five days prior to the meeting at which the extension is to
19
be considered. In the event the Town Council determines that good cause is not
shown for granting the extension, the Council may deny the extension. In the
event the Town Council grants an extension, it may impose conditions on the
extension which may include the implementation of mitigation measures deemed
appropriate by the Council and the imposition of a fee as established by
resolution by the Town Council for each day of the extension beyond the term set
forth in the above stated construction schedule.
In the event no request is made for extension of time from the above
referenced schedule, the building permit shall be immediately revoked and all
work shall cease and desist on the project. In order to resume work, the
contractor and the owner must apply to the Town Council for an extension of
time. The application for extension shall include reasons for the necessity of
granting an extension of time a revised construction schedule proposed
nuisance mitigation measures, and a statement that notice to neighbors within
200 feet will be provided at least twenty-five days prior to the hearing before
Town Council to consider the extension of time. The Town Council in its sole
discretion may grant or deny the extension. In the event the Town Council
grants an extension, it may impose conditions on the extension which may
include the implementation of mitigation measures deemed appropriate by the
Council and the imposition of a fee as established by resolution by the town
council for each day of the extension beyond the term set forth in the above state
construction schedule.— n the even the Ge ,RGdl ants . Pidenslon ;t
e
by- the -Gn--Rg* If an extension of time is granted, a new permit application is
required and a new permit reactivation fee shall be paid based upon4e value of
(C) G. Failure of the permit holder and/or the property owner to complete the
construction within the preceding time table or within the time extension granted
by the Town Council constitutes prima facie evidence that the building project
has not been commenced or has been suspended or abandoned. All permits will
be terminated and all work at the site will stop immediately until the applicant
and owner apply for and receive a reinstatement of the permit by the Town
Council. If conditions are attached to the re -issuance, the permit may be
reissued by the building official only upon continued conformance to the
conditions established by the Town Council. Any conditions attached to re -
issuance are conditions of all applicable permits and applicant and owner accept
such conditions upon acceptance of a permit. The issuance of the certificate of
occupancy or completion will be withheld until any fees incurred under this
section are paid. If the Town Council does not approve the extension of time,
applicant and owner may w+41 be required
by the Town Council to remove all evidence of
construction and ensure that the project conforms to all applicable provisions of
20
the code. Failure to cease construction or conform to all codes constitutes a
violation and will be referred to the Town's Code Enforcement Board.
defined in sen 18 232 Plawar nenst in!ien nr•n—rinn ag port of an annual fonilit
Q-HAPTF=R 1 AMAINIQT1��T1(1P,1 (1C TL F= CI (lDlflA RI nl DING rnnc
� —� cv rt�vr s ov��o��dv vvv� iv c�cc pe
Sec. 18-238. Agreed maximum time schedule for completion of minor
construction.
(a) A maximum time is established for the completion of all building permits
for construction work not subject to the provisions of 18-237. Such work shall be
considered minor construction and must be completed and receive a passed final
inspection no later than twelve (12) months from date of issuance. Said maximum time
is a condition of all applicable permits and applicant and owner accept such condition
upon acceptance of a permit.
(b) Requests for extension from this schedule may be granted by the building
official upon application for extension filed with the Town no later than 15 calendar days
prior to the scheduled completion date. A permit extension fee, as established by
resolution of the town council shall be paid prior to issuance of the extension.
Extensions may be granted for a period not to exceed ninety (90) days from the
scheduled completion date. If a permit expires before an extension is granted, the
permit may be reactivated upon payment of a permit reactivation fee, as established by
resolution of the town council paid prior to issuance of the reactivation for a period not
to exceed ninety (90) days from the scheduled completion date.
(c) In the event the permit holder and/or the property owner fail to complete
the construction within twelve months or by the expiration of an approved extension of
time whichever is latest the building permit shall be immediately revoked and all work
shall cease and desist on the project, and such failure shall constitute prima facie
evidence that the building project has not been commenced or has been suspended or
abandoned Such prima facie evidence shall be in addition to any other evidence that
construction under the permit has not been commenced or has been suspended or
abandoned under the permit. Failure to complete the work or to cease construction
constitutes a violation of the Town's code of ordinances and shall be subject to code
enforcement remedies under Chapter 2 of the Town's code of ordinances.
Sec. 18-239. Continuous Construction. A project which involves
continuous construction as defined in sec. 18-232 his prohibited unless:
a Approved by the planning zoning and building department director or his or her
designee and meets the followinq conditions:
Is initiated by a governmental entity, or
21
ii. Is a property which consists of at least 50 contiguous acres, and
1. There exists a requirement or restriction which limits work to certain times of
the year, and
2. The work being contemplated occurs at least 500' away from residential
dwellings at contiguous properties, or-
b. Approved by the town council and meets the following conditions:
i. Is a property which consists of at least 50 contiguous acres, and
1. There exists a requirement or restriction which limits work to certain times of
the year, and
2. The work being contemplated occurs within 500' from residential dwellings
on contiguous properties, or -
ii. Is a museum, or
iii. Is a multifamily residential property where construction is limited to no more
than seven months per year through organizational restrictions, or-
iv. Is a tenant space in a commercial zoning districts (other than C -VA).
Sec. 18-2403-9. Demolition Permits.
Each application for a complete or major demolition permit shall include the
following information as required by the building official.
a. A cash bond or irrevocable letter of credit redeemable at a Palm Beach
County financial institution of 136-perse
ameu4# in an amount as established by adoption of a resolution by the Town
Council and amended by adoption of a resolution of the Town Council;
b. Approval from either the Town of Palm Beach Architectural Commission or
the Landmark Preservation Commission;
c. An approved erosion control/parking plan.
d. A statement confirming that Any site in whigh if reconstruction does not
commence within thirty #ftee-R (304-5) days or f+a-�a reconstruction permit
becomes null and void the site shall mutt be irrigated and sodded ep-seede4
within ten (10) working days of demolition or default and the property maintained
so as not to be in an unsightly condition.
e. An affidavit confirming that notice to owners of all properties within 200 feet
of proposed demolition has been provided in substantial accordance with a form
as provided by the town.
22
Sec. 18-2418. Building Board of Adjustment and Appeals.
The Florida Building Code as amended provides for the formation of the Town of
Palm Beach Building Board of Adjustment and Appeals. This Board shall hear�r�en&
^+"�„�;s- all appeals concerning interpretations by the Building Official and
eRfGFGerneRt of the Florida Building Code technical +nslUd+ag amendments. The
procedures for the Building Board of Adjustment and Appeals are contained within the
Town of Palm Beach Aadministrative Aamendments to the Florida Building Code as
referenced herein.
Sec. 18-2424. Severabiliiy.
If any section subsection, sentence, clause or phrase of this code is for any
reason held to be unconstitutional, such decision shall not affect the validity of the
remaining portions of this code.
Sec. 18-243-2. Violations and Penalties.
Any person firm, corporation or agent who shall violate a provision of this code,
or fail to comply therewith or with any of the requirements thereof, or who shall erect,
construct alter, install demolish or move any structure, electrical, gas, mechanical or
plumbing system or has erected, constructed, altered, repaired, moved or demolished a
building structure electrical, gas, mechanical or plumbing system, without full
compliance with applicable codes, laws, ordinances, rules and regulations shall be
guilty of a misdemeanor. Each such person shall be considered guilty of a separate
offense for every day or portion thereof during which any violation of any of the
provisions of applicable cases, laws, ordinances, rules and regulations is committed or
continued and upon conviction of any such violation such personal shall be punished
within the limits and as provided by state laws. Nothing in this section shall prevent the
authority having jurisdiction from imposing fines, liens, or seek injunctive relief, or
exercising other enforcement powers as permitted by law.
If building work begins without payment of all required fees, all work must cease and the
case will be referred to the code enforcement board for further action.
S -P -c-;. 484244. Code adopted by refemnGe.
• ... --- -
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23
---------------------------
12FA➢Y:IAIRIR�I�- ------ -------- P L oz
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24
25
e--spesi€�r Eli#e�e
evern.
pl+sable
speef€reat Q
design se
Ovate buil r to pregFamrnat6G requiFemeRtrE, that de net
eafersereer a uiidiag
to on+ the 6i+inn of any n '
26;
Gode, there may be ether regulatiORs by Gther ageRGies affeGtiRg detaH6 of develepment,
AFF
-rvcr-c ,nv
removal and g
ss61paRsy greup iR all
i3
Tbe-fGHGwiRg-aW ' WdiRg Cede a6
providedprovided by law, and aRy 444her exemptions shall -he a6 deteFmiRed by the legislature
6t19R PUFp86e6-
26
(h) 6#iskee6 Go e€
dea hut that
4w.orperate aRy eleGtriGal, plumbiRg, OF Other ROR Wood featwes.
27
of this node shall
28
F►�7.i►7 N7.T�Ss7;rf.T,
eede
404.3 Stop woFk eFdeFs. WheneveF the building Offidal fiRds any weFk regulated by this nodp,
being
fssae a stepvA)F4-s .
104.4 ReveGation of peFm
404.4.4 WsFepFesentation of appThe buildiRg OffiGial is authe-Flazed- to suspend 9F
t�eua+t; -ap Ge if'
GGGYpaRGY issued the ePFGV*60O }S -of this bvdA who Fe issued in erFor, nFon the
10-444.22 i&Wion of Gode provisions. The building Gff'G*al may suspend GF FeVek
Fregkflation OF any
pFGVisiORr. ef-th!6 GG -de:
abated by repair and FehabilitatioR oF by dernallitiOR in aGGGrdanGP- i.vith this Gode The extent Af
repairs shall be deteFFnuRed by the buildiRg affinial
QyeRt of p F
30
31
32
33
34
Rtatates
II bP insnrihed with the date of appkation, and the Gode in effeGt as of that
date. FoF a building peFFnit f9F WhiGh aR app'*Gat!GR is submitted pFi9F to the e#eGtive date e
latest edkinn of CI
peFMittiRg fUF+sd+
exaaiii
35
36
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Space After: 0 pt, Line spacing: single
38
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Ufa-I�IX-ma-th6, pp 9 e -6t f9F
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39
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to il GAx 11
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to th.A
40
41
Part 1, OF
AdmiRiStFafiVe
then he
eRgi .4id-e-d- ffir ChapteF 471,
Cede, theR he 9F she shall affix his oF her
d ansa
OF she shall affix his 9F heF seal, GFiglRal
PeFid-a- Statutes- and 61(;45, Porl
offiGial sea!, E)Fig!Ral sigRature and datta
G!gRatuFe and date te said dFawiRgs-,
186.14
WOFk
la#ermWie
and 6hew in detail that it Will GORf49FM
e
to the ppov'F-;*P-.nF-; of this CAde and
PFGP96ed
106.1.4.4 Pre pr9tediOR 8)��M p
drawings. S
de
406.4.4.2 Fer roof a6semblies required by
stria
FequiFed to b
saMp4iaa
the Gode, the GGR6tFWGtiGR et1meets
gthat are
42
GGnnented thereto
406.3 Examination of
and other
d Guments. The building OffiGial 6 -all exarniRe
8
aF W -hP-, P-XaFnined
1. Building plans
FeVi
the o'te Crentinn
site ca F8 6l
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assembly (*nG'ud!Rg R}eGt{e�}i7A,ii-P..6en6tFUGtP8fl-At
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determiRed.
6 4R
PF9tGGtiGR Of Gp8RiRgs and penetrations of Fated walls,
44
de:
9esYpaney lead
Gress
Net
Means e€ egress
€=Xit assess
€dt
€A ddiGGhafge
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#deo€ systerns
Stab systeFns
45
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QWA
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2. PbdwFerequ:FerneRt6
2-. kAkater supply piping
4 Sanitary'dFa"Rage
6 1 VA-Rt6
beef drainage
46
10-6-2.5.1.4 MeGhapiGal
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salst�latief�s
2. Exha6i6t otem& Glathe6 dFyer cvhc,mt Kitnhcn cruuinmeRt
34 Equipment
4. Egwipm-ea# 186ata6
5. Mak
f--l�9eanted equipment
7. E st-systems
8. VeRtilatiGR
10-siaimRey6, fireplases aed vents
11. AppiiaRGes
12, Be4iefs
1 Rc-rv--cefFkje"ratiefl
Ili Iahefatefy
106.3.5.2 Gas
. Gas piping
2. `gig
6. Appl4aaees
6. hype sfgas
7.C'- r iFeplaGe-s
47
(15) days. or in wNGh a reGen&UGtian permit beGgrnp-F.; n, -,Il A-nd-
48
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GFOURdiRg
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heating and see►+ag lead
ealsalafi®as
es dFyeF exhaw&t
3. Eq W iPaasal:
44 Equipment Issataea
6. Make up air when nale -';;tpci
6. Roof MOURted equipmeM
7. -D---r-,t 6ysteme
9. ApplianGe6 eRgiReered systems
10. BeileFs engiReeFed systems
V. eavent4latiea
9. Pltmbiag
1. F eta
44 Roof drainage size (GaIG61lated)
54 1 An
49
A Annlianner- --btu ratings
5. Type of ga6
6-
9# fR
ApdRd Apt
R �A6k1�6F1S
406, 5 Retention Of GORSt" E#f6R dB
be re4Red by the bwildiRg offiGial a6 required by Florida Statutes.
50
r -a
52
53
gJ6eRReSteF6
g
ERergy in6 Jotinn
AA6e&61bflity
tANBNfIRQ bF {IdFRQ 6AF�9FF c—
Reef-6heathlRg
WMI sheath►Rg
SheathiRg #ast@ReF6
Reagwall dFy-iR
SheathiRglGladdiRg R
rn bead, as required
4—Ree
G()MPGReRt&.
a"
iRsLIlatisR
Par,WRg
54
r�n:enw.mr-as
ON
ow
ss
medales; is g
se
55
56
been reneived
57
6ubmit weekly prsgpess red d
leslediag a se .
At the ssRnpletie
se+#1f+
58
109.5 !P8PeGtiGn FeqUeStS. it shall be the duty of the holdep of the buPdiRg PeFmit OF theiF duly
it shall be the
duty of the permit holder tG pm -)Ade- W �and- MAMAS fQ-.r iRr5peGtiGRG of s, -ah mverk- thot aFe
FequiFed by this; rnde
59
1. Th.A bag- A. All-MbAr
2. The a drdFe66 of the StF„ntN. e.
5. Aytaiem+ that the deGGribe"oFUGR of the 6tFUbt- ire has been in6peGted tt7f
n#
e
ti. The of the k4lding-e#fisial.
7. The A-d-itiGR ef the d-aR
permit.
60
61
62
112.5.2.1 Conditions of the var4anGe. IR graRtiRg the variaRGe, the board may
required shall be GGFnmeRGed OF GGMpleted n -.r both In •ea-fMe bray
63
GWRJ- Fesedwe not +
eat
har- keen re eiveA
64
Secs. 18-2423--18-275. Reserved.
L11 A I Lei •.: • •t •
Sec. 18-276. Adopted.
The coastal construction code is adopted. Provisions contained in this article
shall constitute the coastal construction code for construction within the coastal building
zone and coastal barrier islands in the Town of Palm Beach.
Sec. 18-277. Purpose.
The purpose of the coastal code is to provide minimum standards for the design
and construction of buildings and structures to reduce the harmful effects of hurricanes
and other severe storms occurring along the coastal area of the town that fronts on the
Atlantic Ocean. These standards are intended to specifically address design features
that affect the structural stability of the beach, dunes and topography of adjacent
properties. The coastal code is site specific to the coastal building zone and is not
applicable to other locations. In the event of a conflict between this article and other
chapters of this Code, the requirements resulting in the more restrictive design shall
apply. No provisions in this article shall be construed to permit any construction in any
area prohibited by town, county, state or federal regulation.
Sec. 18278. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Beach means the zone of unconsolidated material that extends landward from
the mean low water line to the place where there is marked change in material or
physiographic form, or to the line of permanent vegetation, usually the effective limit of
storm waves. Beach is alternatively termed "shore."
Breakaway wall or frangible wall means a partition independent of supporting
structural members that will withstand design wind forces, but that will fail under
hydrodynamic, wave, and runup forces associated with the design storm surge. Under
such conditions, the wall shall fail in a manner such that it breaks up into components
that minimize the potential for damage to life or adjacent property. It shall be a
characteristic of a breakaway or frangible wall that it shall have a horizontal design
loading resistance of no less than ten nor more than 20 pounds per square foot.
Building support structure means any structure that supports floor, wall or column
loads, and transmits them to the foundation. The term shall include beams, grade
beams or joists, and includes the lowest horizontal structural member exclusive of piles,
columns or footings.
65
Coastal barrier islands means geological surface features of the island of Palm
Beach above mean high water.
Coastal building zone means the land area between the seasonal high water line
of the Atlantic Ocean and the waters of Lake Worth.
Coastal code means the coastal construction code adopted in section 18-276.
Coastal construction control line CCCL means the landward extent of that
portion of the beach -dune system subject to severe fluctuations based upon a 100 -year
storm surge, storm waves, or other predictable weather conditions as established by the
department of natural resources in accordance with F.S. § 161.053. The CCCL is a
jurisdictional boundary for the Florida Department of Environmental Protection and is
not a setback line.
Construction means the building of or substantial improvement to any structure
or the clearing, filling or excavation of any land. It shall also mean any alterations in the
size or use of any existing structure or the appearance of any land. When appropriate to
the context, "construction" refers to the act of construction or the result of construction.
-0-Ifne means, -A pAeund- 911 --f 1AG6e sedgmeRts, usually Gand sized, deposited
. Dune means a mound,
hill, bluff, or ridge of loose sediments, usually sand -sized sediments, lying landward of
the beach, deposited by any natural or artificial mechanism, subject to fluctuations in
configuration and location, which may be bare or covered and stabilized by vegetation
indigenous to this formation.
Major structure includes but is not limited to residential buildings, commercial,
institutional, industrial and other construction having the potential for substantial impact
on coastal zones.
Mean high waterline means the intersection of the tidal plane of mean high water
with the shore. Mean high water is the average height of high waters over a 19 -year
period, often referred to as the National Tidal Datum Epoch.
Minorstructure includes but is not limited to:
(1) Pile -supported, elevated dune and beach walkover structures.
(2) Beach access ramps and walkways.
(3) Stairways.
(4) Pile -supported, elevated viewing platforms, gazebos and boardwalks.
(5) Lifeguard support stands.
(6) Public and private bathhouses.
66
(7) Sidewalks, driveways, parking areas, shuffleboard courts, tennis courts,
handball courts, racquetball courts, and other uncovered paved areas.
(8) Earth retaining walls.
(9) Sand fences, privacy fences, ornamental walls, ornamental garden
structures, aviaries, and other ornamental construction.
It shall be a characteristic of minor structures that they are considered to be
expendable under design wind, wave and storm forces.
National Tidal Datum Epoch is the specific 19 -year period adopted by the
National Oceanic & Atmospheric Administration National Ocean Service as the official
time segment over which tide observations are taken and reduced to obtain mean
values.
NGVD means National Geodetic Vertical Datum, a geodetic datum established
by the National Oceanic & Atmospheric Administration National Ocean Service and
frequently referred to as the 1929 mean sea level datum (renamed in 1973).
NAVD means North American Vertical Datum the current fixed reference
geodetic datum developed and maintained by the National Oceanic & Atmospheric
Administration National Geodetic Society.
Nonhabitable majorstructure includes but is not limited to:
(1) Swimming pools.
(2) Parking garages.
(3) Pipelines.
(4) Piers.
(5) Canals, lake ditches, drainage structures and other water retention
structures.
(6) Water and sewage treatment plants.
(7) Electrical power plants, transmission and distribution lines, transformer
pads, vaults and substations.
(8) Roads, bridges, streets and highways.
(9) Underground storage tanks.
One -hundred -year storm means a shore incident hurricane or any other storm
with accompanying wind, wave and storm surge intensity having a one percent chance
of being equaled or exceeded in any given year, during any 100 -year interval.
67
Seasonal high waterline means the line formed by the intersection of the rising
shore and the elevation of 150 percent of the local mean tidal range above mean high
water.
State minimum building code means the building code adopted by a municipality
or county pursuant to the requirements of F.S. § 553.73.
Substantial improvement means any repair, reconstruction, rehabilitation, or
improvement of a structure when the actual cost of the improvement or repair of the
structure to its pre -damage condition equals or exceeds 50 percent of the market value
of the structure either:
(1) Before the improvement or repair is started; or
(2) If the structure has been damaged and is being restored, before the
damage occurred.
The total cost does not include nonstructural interior finishings, including, but not
limited to, finish flooring and floor coverings, base molding, nonstructural substrates,
drywall, plaster, paneling, wall covering, tapestries, window treatments, decorative
masonry, paint, interior doors, tile, cabinets, moldings and millwork, decorative metal
work, vanities, electrical receptacles, electrical switches, electrical fixtures, intercoms,
communications and sound systems, security systems, HVAC grills and decorative trim,
freestanding metal fireplaces, appliances, water closets, tubs and shower enclosures,
lavatories, and water heaters, or roof coverings, except when determining whether the
structure has been substantially improved as a result of a single improvement or repair.
For the purposes of this definition, "substantial improvement" is considered to
occur when the first alteration of any wall, ceiling, floor, or other structural part of the
building commences, whether or not that alteration affects the external dimensions of
the structure. The term does not, however, include either any project for improvement of
a structure to comply with existing state or local health, sanitary, or safety code
specifications which are solely necessary to assure safe living conditions or any
alteration of a structure listed on the National Register of Historic Places or the state
inventory of historic places.
Sec. 18-279. Scope.
(a) Applicability. The requirements of this coastal code shall apply to the
following types of construction in the coastal building zone and on coastal barrier
islands in the town:
(1) The new construction of or substantial improvements to major structures,
nonhabitable major structures, and minor structures.
(2) Construction that would change or otherwise have the potential for
substantial impact on coastal zones (e.g., excavation, grading, paving).
68
(3) Construction located partially within the coastal building zone.
(4) Reconstruction, redevelopment or repair of a damaged structure from any
cause that meets the definition of substantial improvement.
(b) Exceptions. The requirements of the coastal code shall not apply to the
following:
(1) Minor work in the nature of normal beach cleaning and debris removal.
(2) Structures in existence prior to the effective date of the ordinance from
which this article was derived, except for substantial improvements as
defined in section 18-278.
(3) Construction for which a valid and unexpired building permit was issued
prior to the effective date of the ordinance from which this article was
derived.
(4) Construction extending seaward of the seasonal high water line regulated
by the provisions of F.S. § 161.041 (e.g., groins, jetties, moles,
breakwaters, seawalls, piers, revetments, beach nourishment, inlet
dredging, etc.).
(5) Construction of nonhabitable major structures, except for the requirements
of section 18-281(e).
(6) Construction of minor structures, except for the requirements of section
18-281(d).
(7) Structures listed in the National Register of Historic Places or the state
inventory of historic places or protected by chapter 54.
(8) Construction for improvement of a major structure to comply with existing
state or local health, sanitary or safety code specifications solely
necessary to assure safe living conditions.
(c) Application for permits Applications for building permits for construction
in the coastal building zone and on coastal barrier islands, if not of normal or usual
design, may be required by the building official to be certified by an architect or
professional engineer registered in the state. Such certifications shall state that the
design plans and specification for the construction are in compliance with the criteria
established by this coastal code.
Sec. 18-280. Coastal construction requirements.
Construction within the coastal building zone and on coastal barrier islands shall
meet the requirements of this article. All structures shall be designed so as to minimize
damage to life, property and the natural environment. Assistance in determining the
69
design parameters to minimize such damage may be found in the reference documents
listed in section 18-282.
Sec. 18-281.tFr-al FRequirements. fGF majGF StFUGtUFes.
(a) GeReFaT11hy'.
city of 140
FA
R
(2) 0,atiaH-Heedfire ^yrtid-ooR6tFWGt2d
And IG and in
(b) Design IfIARS.-
a
peF 8w.
GaIGUlation of pile reaGtinns And hearing GapaGitiP6 dhall not be gFeater thaR that whiGh wouldl
aGtiR9 6iFnultaRe9U6lY With live and dead leads. F=FG6qGR GGmputat'E)RG f49F fG61n at'GR de6igR
6iRQ-fAFGe6; iRduding IGGalized
FeseRt and the
Rf-t=FOGiGR
GGFR p ut&ti9
IRformAt'o
I()()-
year chor.n event icy annlinahle
preeorihed in the Alaval Canilifie6 CnninU.S.
DepaFtnqeRt of Navy; Shore MaRual, U.S. rkment of the Army CaFps of
hnrao,
de
70
7 MEM=J=
0
M goWN
MPS
e- -1 RM -1
W:1
,(a (e) Location of construction. Construction, except for elevated walkways, lifeguard support
stands, piers, beach access ramps, gazebos, and coastal or shore protection structures, shall
be located a sufficient distance landward of the beach to permit natural shoreline fluctuations,
and to preserve dune stability. Construction, including excavation, may occur to the extent that
the natural storm buffering and protection capability of the dune is not diminished.
&{q Public access. Where the public has established an accessway through private lands to
lands seaward of mean high tide or water line prescription, prescriptive easement, or other legal
means, development or construction shall not interfere with such right of access unless a
comparable alternative accessway is provided. The developer shall have the right to improve,
consolidate, or relocate such public accessways so long as they are:
(1) Of substantially similar quality and convenience to the public;
(2) Approved by the local government and approved by the department of natural
resources whenever improvements are involved seaward of the coastal construction
line; and
71
(3) Consistent with the coastal management element of the local comprehensive
plan adopted pursuant to F.S. 163.3178.
Sec. 18-282. Reserved. Rafe
RRAPhAR And
efe6Teshaisal and Design Memeraada-
(3) State—of—Fle
DepaFtMeRt of the Navy.
2809 -
Sec. 18-283. Penalties.
Any person or entity found to be in violation velatiag of the provisions of any
section of the coastal code or article shall; -UPS by the code enforcement
board, shall be fined not more than $250.00 per day. Each day such violation shall
continue, shall constitute a separate offense. In lieu of such fine, or in addition thereto,
such person, if licensed to do business within the Town of Palm Beach, may have such
license suspended for a definite period of time, or such license may be revoked, such
revocation to be subject to concurrence of the county construction industry licensing
board where applicable, as contained in Laws of Fla., ch. 67-1876, as amended by
Laws of Fla., ch. 69-1433 and as may be further amended.
ARTICLE
_ I D
ARTICLERESERVED-
•
-
-- -ARTICLE
IX.
RESERVED
72
DIVISION 1. GMENALLY
�o-a-ror-v r�'n'
8618 546. Pt� t�sii�
The f011OW'Rg woFds, teFFRs and phFase6,
=reXGept
BaGkwash piping meaRr, the pipiRg
Diatomite (diatp_.mac_,Q_9i48 ea4h) wean6
together it.
PteC-6el'tFl
Rter- elengent rnean6 that part of a
PlteF media means the fine Fnater*al
whe.n used- in this aFfiGle, shall have the FneaR"496
where the nentevt nloarla inrl�nM+ems M rliffe ten+ mew nn•
that extends firom the baGIV�Nash outlet of o Wpm Wpm to+n
a type of filter aid.
.
filter deviGe that retain6 the filter media
that eRtFaps the suspended part*n-.'P-F-;.
.F=i.U-.r sand FAf_QaR6 a type of filter media.
FWoFSeptUM MeaRG that paFt efthe
diatomite is deposited.
spa (inGluding
eaiag through
obfflef.m.eaRr, the outlets at the
w ter leoveo the el when beiRn drained
filter ele.m.ent on a diatomite type filter, upon wNGh a Gake A
4
deep PGFtiGR Of the pool through whinh the Main fin
OF nirni doter!
73
74
75
76
77
#islF
MAk
78
79
AAfalr�
kAf�+lr
Depth
9isiansfn
slstaese
Deep
a
€+ve
a
�e
kleac�r-ee
�
Feet
FFGM
�
GeRter
Beate
Above
�sitie
8verhan
6#
Glens
fl
9
4+ �
P-e+at
(feet)
heard
-
ei
Bowd
(feet)-
(feet)-
(feet) -
(feet)
Beck
tevel-
43--
9---
40--
Q
2.6
7--
4-2-
levideR ial-
30-
8---
44-
44-
25-
7-.5-
43-
044e
FneteF
39.37
9-:6-
a--
4-2-
3-
3-
44-
79
80
i11\/ICIGN 4 CII iC®C - - - Formatted: Centered
—.
..- ... .. .a
OWN
82
83
84
++ales should e—spasedalea
Ry slaFnrAer. Teta;
than that whiGh will
all fittiRg of all4p-Alets shall be ROt less
provide a gnity of tori feet per c ORd of the pGint
opeRing through the PGGI Wall plaGed two in F; above the higl
d Faen.
MUMM Ml
Fill U
85
86
87
Sec. 18-806. Walls, fences, hedges of unlawful height.
(a) Notice ordering correction. If any wall or fence is constructed or a hedge
allowed to grow to a height in excess of that permitted under this section and the
ordinances of the town, the director of planning, zoning, and building shall advise the
property owner, his agent or caretaker, personally or by registered mail of the existence
of such condition and shall require that such condition be remedied within 20 days from
the delivery of such notice.
(b) Appeal from notice. Within the period of 20 days provided in this section,
the owner, his agent or caretaker, may file a written appeal to the town council from the
order of the director of planning, zoning, and building, which written appeal shall be filed
with the town clerk, may be wholly informal, and upon filing shall stay any action by the
director until the matter is disposed of by the town council.
(c) Compliance with order, correction by town. If no appeal is taken, or if
taken, the decision of the town council is adverse to the appellant, the owner, his agent
or caretaker, shall forthwith reduce the height of such wall, fence or hedge to that
permitted under the ordinances of the town; and upon his failure to do so within 20 days
after the notice or after the unsuccessful appeal, the height of such wall, fence or hedge
shall be reduced by town forces, and accurate records shall be retained of the cost
thereof, and such amount shall be assessed against the land on which such wall, fence
or hedge is located and shall constitute a lien thereon.
Sec. 18-841. Definitions.
Words and phrases used in this article shall, for the purposes of this article, have
the meanings ascribed to them in chapter 134 of this Code, zoning.
88
89
shall be $0.26 PeF Iffinear feet of q_,_-Gh-awP4ig-.
est or-be swsyepded ever
a publiG sidewalk shall be $0.05 per square et-.
d. Ther • o fees fGr a d p;'Fig that a.e a eGted upon private property if they __e•+
greater.less thaR $100.00i if GG6tiMj4nn_rIe t-hialp. this arnount, they thp-.n take the same rate as a
Of „r^„
eFGB
jai+h,n +he4im
,
WeR a of the n,e,ner
2�.,6t;:a f
See. 18-80y
building shall be ghly GNred thereto by 6ign heeks metal M nhnrc• telt
6UPPE)FtS, Ghains, metal Gables or bFaGes; stapler, or woGden plugs shall pet be -Usfe
e designed Rd
SeG. 18 894. Roof signs.All F99f GigR6, if permitted, shall be rUeRstru(Sted A_f
f9r8e6.
materials. Mp_tal 'an the GGRIMFUGAA-M G-f GiRg Ghall be of net less than 28 U.S.
sheet metal gauge .0156 inr.,h. It be galvanized and suitably PFE)teGted from
Sec. 18-84196. Posters, signs, placards, and similar signs, prohibited.
No person shall paint, paste, print or nail any paper sign or any advertisement or
notice of any kind whatsoever, or cause the same to be done, on any curbstone,
flagstone or other portion of any sidewalk or street or upon any tree, lamppost, hitching
post, telephone or telegraph pole, hydrant, bridge, workshop or tool shed, or upon any
other structure within the limits of the town except by resolution of the town council. No
person shall paint, paste, print or nail any banner, sign, handbill, advertisement or notice
of any kind, or cause the same to be done, upon any private pole, advertising board or
90
sign or upon any other private structure or building unless he is the owner or lessee of
such wall, window, door, fence, gate, advertising board or sign, or other private building
or structure. This subsection shall not apply to legal notices required by law.
Sec. 18-84297. Not to obstruct entrances or exits of buildings.
No sign shall be attached to or placed against a building in such a manner as to
prevent ingress or egress through any door of any building, or any opening that is to be
used in event of fire, or other emergency; nor shall any sign be attached to or obstruct in
any manner a fire escape.
Sec. 18-34308. Temporary signs/sodiums designating passenger loading zones.
(a) Notwithstanding any sections of this article to the contrary, temporary
signs/podiums may be permitted to designate passenger loading zones in
the commercial areas of the town, subject, however, to the following
regulations:
(1) One passenger loading zone sign/podium shall be issued by the town te
shall be permitted adjacent
to a passenger loading zone demarcated by the town for purposes of
loading and off loading passengers.
(2) The sign/podium shall be preuided-by-th
#ewa— approved by the town and shall be ef-e ^ ^e
d-e-termined- -by the no larger than 24 inches wide and 19 inches
deep and shall contain the words "Passenger Loading -"and the name of
the commercial establishment in addition to the name of the valet
uopeartor providing the service.
(3) Only one such sign/podium shall be authorized for display for each
commercial establishment adjacent to a passenger loading zone.
(4) The signs/podium shall not be placed upon the paved right-of-way of the
town but may be placed on the sidewalk or grass in a manner so as not
to impede or impair the flow of pedestrian traffic on the sidewalk.
(5) The sign/podium may be placed only during those times that the
passenger loading zone is designated for use as a passenger loading
zone.
(b) No sign/podium other than the official sign described above is authorized for
the purpose of designating passenger loading zone areas. The placement of
any such sign/podium or of the use of the passenger loading sign/podium
described herein in a manner contrary to the terms of this section shall be
grounds for the town to confiscate the signs/podium and revoke the annual
valet permit¢^ eliminate the r engeF leading zone.
91
-F-Fe ..........
5 in Fen
+
9ms nip, ,r pipe
P
..........e
FFent bars not nover 14'4' w;, -4e ..........
pipe
Fmrnnt hAro not n..P- 2 CPAMP..........
.34'
pipe
e tF.,Tatted: Justified, Space Before: 0 pt,
After: 12 pt
Formatted: Justified, Space Before: 0 pt,
After: 12 pt
Formatted: Justified, Space Before: Opt,
After: 12 pt, Widow/Orphan control
Formatted: Justified, Space Before: 0 pt,
After: 12 pt, Widow/Orphan control
Formatted: Justified, Space Before: 0 pt,
After: 12 pt
Formatted: Justified, Space Before: 0 pt,
After: 12 pt, Widow/Orphan control
Formatted: Justified, Space Before: 0 pt,
After: 12 pt J
Formatted: Justified, Space Before: 0 pt
After: 12 pt, Widow/Orphan control
Formatted: Justified, Space Before: 0 pt,
After: 12 pt, Widow/Orphan control
�
-
b-
x,4?"
pp„„e
3/4"P ie
pipe
92
Formatted: Justified, Space Before: 0 pt,
After: 12 pt
Formatted: Justified, Space Before: Opt,
After: 12 pt, Widow/Orphan control
Formatted: Justified, Space Before: 0 pt,
After: 12 pt, Widow/Orphan control
Formatted: Justified, Space Before: 0 pt,
After: 12 pt
Formatted: Justified, Space Before: 0 pt,
After: 12 pt, Widow/Orphan control
Formatted: Justified, Space Before: 0 pt,
After: 12 pt J
Formatted: Justified, Space Before: 0 pt
After: 12 pt, Widow/Orphan control
Formatted: Justified, Space Before: 0 pt,
After: 12 pt, Widow/Orphan control
1 p +�2eeRc.iOR
Over !2'e)teRel^R
Frnm ��-vrrrv—cA- 122eAeRGOOR.
oPelts
e—
NGRe—
Ur +„ an
.1--
9. . .,
T
2-
awe
SeRter cu pport
(fes
oPelts
Undef�6 ..........
NGRe—
Ur +„ an
.1--
3A to a9..........
2-
50 to an
3--
-69
(30to 70
q_
93
Formatted: Justified, Space Before: 0 pt,
After: 12 pt, Widow/Orphan control
Formatted: Justified, Space Before: Opt,
After: 12 pt, Widow/Orphan control
Formatted: Justified, Space Before: 0 pt,
After 12 pt, Widow/Orphan control
Formatted: Justified, Space Before: 0 pt,
After: 12 pt
Formatted: Justified, Space Before: 0 pt,
After. 12 pt J
Formatted: Justified, Space Before: 0 pt,
After: 12 pt, Widow/Orphan control
- Formatted: Justified, Space Before: 0 pt,
After: 12 pt
j Formatted: Justified, Space Before: 0 pt,
After: 12 pt
Formatted: Justified, Space Before: 0 pt,
After: 12 pt, Widow/Orphan control
Formatted: Justified, Space Before: 0 pt,
4 After: 12 pt, Widow/Orphan control
Formatted: Justified, Space Before: 0 pt,
After: 12 pt, Widow/Orphan control
CFormatted: Justified, Space Before: 0 pt,
After: 12 pt, Widow/Orphan control
Formatted: Justified, Space Before: 0 pt,
After: 12 pt, Widow/Orphan control
94
® Formatted: Justified, Space Before: 0 pt,
After: 12 pt, Widow/Orphan control
Formatted: Justified, Space Before: 0 pt,
After: 12 pt
Formatted: Justified, Space Before: 0 pt,
After: 12 pt
Formatted: Justified, Space Before: 0 pt,
After: 12 pt, Widow/Orphan control
Formatted: Justified, Space Before: 0 pt,
After: 12 pt, Widow/Orphan control
Formatted: Justified, Space Before: 0 pt,
After: 12 pt, Widow/Orphan control
Formatted: Justified, Space Before: 0 pt,
After: 12 pt, Widow/Orphan control
qFormatted: Justified, Space Before: 0 pt
rAfter: 12 pt
Formatted: Justified, Space Before: 0 pt,
After: 12 pt
Formatted: Justified, Space Before: 0 pt,
After: 12 pt, Widow/Orphan control
Formatted: Justified, Space Before: 0 pt,
After: 12 pt, Widow/Orphan control
Formatted. Justified, Space Before: 0 pt,
After: 12 pt, Widow/Orphan control
Awning
Quantity
11 n d iRG'WiRg2tnn
I,,
Y
2—
Up to and
40 ..........
4--
94
® Formatted: Justified, Space Before: 0 pt,
After: 12 pt, Widow/Orphan control
Formatted: Justified, Space Before: 0 pt,
After: 12 pt
Formatted: Justified, Space Before: 0 pt,
After: 12 pt
Formatted: Justified, Space Before: 0 pt,
After: 12 pt, Widow/Orphan control
Formatted: Justified, Space Before: 0 pt,
After: 12 pt, Widow/Orphan control
Formatted: Justified, Space Before: 0 pt,
After: 12 pt, Widow/Orphan control
Formatted: Justified, Space Before: 0 pt,
After: 12 pt, Widow/Orphan control
qFormatted: Justified, Space Before: 0 pt
rAfter: 12 pt
Formatted: Justified, Space Before: 0 pt,
After: 12 pt
Formatted: Justified, Space Before: 0 pt,
After: 12 pt, Widow/Orphan control
Formatted: Justified, Space Before: 0 pt,
After: 12 pt, Widow/Orphan control
Formatted. Justified, Space Before: 0 pt,
After: 12 pt, Widow/Orphan control
WrA
94
® Formatted: Justified, Space Before: 0 pt,
After: 12 pt, Widow/Orphan control
Formatted: Justified, Space Before: 0 pt,
After: 12 pt
Formatted: Justified, Space Before: 0 pt,
After: 12 pt
Formatted: Justified, Space Before: 0 pt,
After: 12 pt, Widow/Orphan control
Formatted: Justified, Space Before: 0 pt,
After: 12 pt, Widow/Orphan control
Formatted: Justified, Space Before: 0 pt,
After: 12 pt, Widow/Orphan control
Formatted: Justified, Space Before: 0 pt,
After: 12 pt, Widow/Orphan control
qFormatted: Justified, Space Before: 0 pt
rAfter: 12 pt
Formatted: Justified, Space Before: 0 pt,
After: 12 pt
Formatted: Justified, Space Before: 0 pt,
After: 12 pt, Widow/Orphan control
Formatted: Justified, Space Before: 0 pt,
After: 12 pt, Widow/Orphan control
Formatted. Justified, Space Before: 0 pt,
After: 12 pt, Widow/Orphan control
with expansion belts or expansion fittings, fiber or metal 6hields may be used; but In no
sase-w►A weein
width headFod fasteneFs shall be not more than twe feet six inGhes apart.
Ser.. 18 927. nings and ea . . . ubliG side alks and ways-.
(a) All Fnevable awnings eveF PUb'iG sidewalks and ways must be� ped —4k
fa, I . i t just Linder the head of the awning but never to the headred er d
ed when being Falsed or
6tFet•nheo, tears or burn
,
Can 18 928 AIn Pan9irc . niess fraena n nli s
Can 18-9-29. Awnings neaF fire hazards;
GaRvaG G . - gasoline pumps eF grease pits, 9F there that aFe used
GenneGt*GR with any building, shed or establishment of any kind that *6 Ge-Insidere-d- -A
.
rr ti tc
t r ;A , al. The waGte line shall not he nannested ♦n the sanitafy sewer system
Marquees shall be GGnGtFUGted Gf mRtPr4AI And shall be designed tG
-iths4nnd A IA iRd velOGity Of 150 miles per hour. Marquees shall be kept In a GGRditi
geed,
safe, 6eG6IFe repa"F. WheFe glass is used On the GOR r-,t*A-.n of -A Marquee, oRly
wired glass of not !aFgeF than ene inGh mesh shall be used-.
Sec. 18-9231. Signs, banners on, under canopies, marquees.
(a) Signs on marquees, awnings. No sign shall be painted on marquees or
awnings in the town.
(b) Signs and banners under canopies, marquees. No signs or banners shall
be hung on or beneath any canopy or marquee.
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Sec. 18-9232. Temporary removal of cloth part of canopies and stationary
awnings regulated.
The cloth part of canopies and stationary awnings on commercial buildings shall
remain installed and in place and may be removed only temporarily for repair or in
preparation for an impending storm or hurricane. Temporary removal shall not exceed a
period of 14 days unless a hurricane or tropical storm watch occurs during the 14 -day
period, at which point the 14 -day period begins anew upon the posting of hurricane or
tropical storm warnings. This section shall not apply to personal residences located
within commercial buildings.
[TPil�=171►C��7��:7���ill•�=1'i
Sec. 18-961. System adopted.
The following system of numbering of premises within the town is hereby
adopted: One number shall be allowed for each 25 feet of ground frontage on each of
the streets, avenues and boulevards of the town, 25 feet shall be known as a unit of
space. The numbering of the streets, avenues and boulevards running in a northerly
direction from the pinewalk on the Breakers Hotel property, shall begin at the north line
of such pinewalk, with the odd numbers on the east side and the even numbers on the
west side. The numbering of all streets, avenues and boulevards running in a northerly
direction south of such pinewalk shall begin at the south line of such pinewalk, with the
odd numbers on the east side and the even numbers on the west side. The numbering
of all streets, avenues and boulevards running east and west shall begin at the Atlantic
Ocean, with the odd numbers on the north side and the even numbers on the south
side.
Sec. 18-962. Numbers assigned.
The first numbers on the first block to be numbered shall be 101 and 102; the
first number on the second block shall be 201 and 202, and so on throughout the length
of the streets, avenues or boulevards, each successive block to begin with the next
highest number in hundreds. For the purpose of corner lots, addresses shall be required
to be assigned according to the front street line of a lot based on the orientation of the
building as provided for in chapter 134, zoning, article VII, supplementary district
regulations, division 2, section 134-1576(a).
Sec. 18-963. Allocation of numbers to premises; fractional numbers.
Each structure shall be entitled to a number and shall absorb all numbers
covered by the property on which it stands, in excess of the unit space. Subdivisions of
space less than a unit and separate apartments or units of one structure shall be
identified by suite number or alphabetical lettering of each unit or apartment. This
provision does not apply to an accessory structure where separate addresses are not
permitted.
Sec. 18-964. Duty to display number; type, location.
96
It shall be the duty of the owner and of the occupant of any property within the
town on which any structure is located to place and display thereon the appropriate
numbers, which shall be durable and shall be so placed of a size, type and location that
they may be easily read from an adjacent street.
Sec. 18-965. Failure to provide when required.
It shall be unlawful to fail to number any premises as required by this article.
Sec. 18-966. Tearing down, defacing.
It shall be unlawful to tear down or deface any number placed upon any property
in accordance with this article.
ARTICLE XV. TENTS
Sec. 18-996. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Tent means any freestanding structure of a temporary basis usually composed
of canvas, plastic or other such material.
Sec. 18-997. Permit --Required.
If any tent is to be erected on private property within the town, the owners or
occupants or their authorized designee are required to file an application for a permit,
aad receive a permit from the town's building division depa#naei# and receive a final
passed inspection in accordance with 109.3 of the Town of Palm Beach Amendments to
Chapter 1 Administration of the Florida Building Code prior to use. Failure to follow the
requirements herein may result in code enforcement action in accordance with Chapter
2. Article V Code Enforcement.
^"� nrivr t0
all he Paid to the planninn zeninn & Wilrlina denartrrment a bwalrtina permit fee aR64
o foo onherliilc adoptedW.- _. _t _1 a late filing, a late filing fee, in aGGGFdaRGe with thhi
Sec. 18-998. Same --Fees.
(a) (a) The application for permit must be submitted no less than 5
working days prior to the date the tent is to be erected. Before a
permit is issued pursuant to this article there shall be paid to the
planning, zoning & building department a building permit fee in
accordance with the fees adopted by resolution of the town council,
97
and in the event of a late filing, a late filinq fee, in accordance with
the fee schedule adopted by the town council by resolution as may
be amended from time to time
fa}(b) Fifteen days or less. If the tent is to remain in place for a period of
15 days or less, the permit fee referenced in (a) above shall apply.
p
the eertrast-prise.
{b}(c) More than 15 days. If the tent is to remain in place for a period of
more than 15 days, in addition to the permit fee referenced in(a)
above, an additional permit fee in accordance with the fees adopted
by resolution of the town council, shall be reguiredef $4399:98 for
each month or part thereof that the tent will remain in place.
Sec. 18-999. Lot coverage and setback requirements.
If the tent is to remain in place for a period of more than 15 days, the tent must
meet the lot coverage and setback requirements applicable to the property on which the
tent is to be erected. In the Beach Area zoning district a temporary tent shall meet the
setback requirements for that district.
Sec. 18-1000. Length of time allowed to remain in place.
In all zoning districts except the Beach Area zoning district, no tent may remain in
place for a cumulative period of time of more than six months during any calendar year.
In the Beach Area zoning district, no tent may remain in place for a cumulative
period of time of more than 20 days during any calendar year. In addition, the tent may
not exceed the dimensional maximums as provided for in sections 134-1472 or 134-
1473, whichever is applicable.
Sec. 18-1001. Reserved. .
i.T-7:Ai1rrtT�:FT.yia� T'T::�:aj:7-i- T.lr-z.�:r-fir
Sec. 18-1010. Periods during which storm shutters may remain in place.
(a) During the period from December 1st to May 31st, no storm shutters or
hurricane protection devices on commercial buildings shall remain in a closed/secured
position so as to block windows or doors except in the event of storm conditions.
98
(b) During the period of June 1st to November 30th, protection from
windborne debris through the use of shutters and hurricane protection devices is
encouraged for all structures certified for occupancy in the town. During said period,
however, it is prohibited in commercial buildings to allow shutters or hurricane protection
devices to remain in a closed/secured position except in preparation for an impending
storm or hurricane for a period in excess of 14 days unless a hurricane or tropical storm
watch occurs during the 14 -day period at which point the 14 -day period begins anew
upon the posting of hurricane or tropical storm warnings. This section shall not apply to
personal residences located within commercial buildings.
0AIMW&A- TAIL
EMERGENCY MEASURES DURING STORM EVENTS
Sec. 18-1014. Removal and securing of construction materials durin tro ical
storm and hurricane warning or watch required.
(a) When the National Weather Service, National Hurricane Center or
appropriate weather agency shall declare a tropical storm watch or warning or a
hurricane watch or warning for any portion of Palm Beach County, Florida, all
construction materials, including roof tiles, and debris on all building and construction
sites within the Town shall be secured, stored or removed so as not to create a safety
hazard because of hurricane or tropical storm force winds.
(b) Media broadcasts or notices issued by the National Weather Service or
National Hurricane Center of a tropical storm watch or warning or a hurricane watch or
waning shall be deemed sufficient notice to the owner of real property upon which
construction is occurring or any contractor responsible for said construction to secure
store or remove loose construction debris and loose construction materials against the
effects of high winds.
(c) Materials stockpiled on top of any structure under construction shall be
permanently installed by the property owner or contractor upon issuance of a tropical
storm watch or warning or a hurricane watch or warning; provided, however, in the
event such installation cannot be timely completed, then the property owner or
contractor shall:
(1) Band together the construction materials and mechanically
fasten them to the top of the structure in such a manner so
as not to present a threat of their becoming airborne during a
tropical storm or hurricanes or
(2) Remove the construction materials from the top of the
structure and mechanically tie down to the ground: or
99
(3) Remove the construction materials from the iob site: or
(4) Store the construction materials inside a protected structure.
(d) Construction materials or debris shall remain secured, stored or removed
from the property until the National Weather Service, National Hurricane Center or other
appropriate weather agency has removed all portions of Palm Beach County from those
areas included in a tropical storm watch or warning or a hurricane watch or warning.
(e) From June 1 to November 30 of each calendar year (the National Weather
Service designated hurricane season), construction or roofing materials shall be loaded
on a roof no earlier than 10 working days prior to the permanent installation of the
materials.
(f) It shall be the joint responsibility of the owner and general contractor to
remove, secure or to see to the removal or securing of all construction materials and
debris as set forth in this section.
,(g) In the event of a violation of this section, in addition to all other remedies
provided in the Code of Ordinances and otherwise by law, the Town may take whatever
emergency action it deems necessary to secure, store or remove all loose construction
materials and debris including, but not limited to, roof tiles and roofing materials. In
such circumstances, the Town shall bill the property owner or his agent for all charges
and expenses incurred whether incurred by the utilization of Town personnel and
materials or other outside contractors retained by the Town for these purposes. The
securing of an outside contractor to perform these services shall be deemed to be the
securing of emergency services and shall not require the Town to utilize a competitive
bid process to select a contactor or contractors. Should the bill for such services remain
unpaid for a period of 30 days or more, the Town may record a claim of lien
encumbering the property and thereafter proceed according to law to enforce said lien."
ARTICLE XVII. -ARCHAEOLOGICAL REVIEW
Sec. 18-1020. - Requirements for known or potential archaeological sites.
Pursuant to the town's comprehensive plan and to maintain compliance with the
requirements of state statutes (F.S. § 872.05 as amended), an archaeological
assessment is required for known archaeological sites and/or potential archaeological
sites (identified on the town's archaeological map, as amended). That assessment
(Phase 1 or reconnaissance level) will result in a report presented to the planning,
zoning and building department prior to the issuance of any permits for demolition
(below ground), excavations, tree removal, or other ground disturbing activities. Based
100
on the assessment report, a determination will be made by the planning, zoning and
building director, or the director's designee, as to whether monitoring and/or additional
testing (Phase II) needs to be done. In some cases a Phase II assessment may be
required based on a site's potential or known significance. A Phase III assessment is
required only if something highly significant is found, such as human remains. If human
remains are uncovered, they are subject to Florida's Unmarked Human Graves Act, and
should be avoided if possible. If that is not feasible, then they should be reinterred in a
secure part of the property under the coordination of the consultant archaeologist and
tribal representative.
101