Ordinance 13-2015 Zoning ORDINANCE NO. 13-2015
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF PALM BEACH, PALM BEACH COUNTY, FLORIDA,
AMENDING THE TOWN CODE OF ORDINANCES AT CHAPTER
134, ZONING; ARTICLE VI, DISTRICT REGULATIONS,
SECTION 134-1107(a) TO ALLOW PUBLIC PARKS AS A
PERMITTED USE IN THE C-TS COMMERCIAL ZONING
DISTRICT; SECTION 134-1109(a) TO ALLOW PRIVATE PARKS
AS A SPECIAL EXCEPTION USE IN THE C-TS COMMERCIAL
ZONING DISTRICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT;
PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, after a public hearing pursuant to notice required by law, the Planning and
Zoning Commission considered all testimony and recommended the following changes to the
Code of Ordinances;
WHEREAS, after public hearing pursuant to notice required by law, the Local Planning
Agency considered the Planning and Zoning Commission's recommendation and all testimony
and recommended that the Town Council adopt the subject Ordinance; and,
WHEREAS, after public hearing pursuant to notice as required by law, the Town Council
does hereby find, determine, and declare that the public health, safety, morals and general
welfare of the citizens of the Town of Palm Beach require that the aforesaid Chapter 134,
Zoning, of the Code of Ordinances, be amended as hereinafter set forth.
NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PALM BEACH, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Amend Article VI, DISTRICT REGULATIONS, Section 134-1107, Permitted
uses, (a) Enumeration maximum gross leasable area, to read as follows:
Sec. 134-1107. Permitted uses.
(a) Enumeration; maximum gross leasable area. The permitted uses in the C-TS town-
serving commercial district, with a maximum of 3,000 square feet gross leasable area
(GLA), are as follows:
(1) Retail and service establishments, such as restaurants, excluding formula restaurants as
defined in section 134-2 and bars/lounges, hardware stores, food stores, clothing stores,
drugstores, barbershops beauty salons and jewelry stores.
(2) Offices, executive office suites, professional services, business services and securities
and financial brokerage and trust companies located above the first floor.
Ordinance No. 13-2015 Page 1 of 3
(3) Offices, professional services, business services and securities and financial brokerage
and trust companies in the 200 block of Peruvian Avenue and Bradley Place.
(4) Nonprofit cultural centers.
(5) Professional and studio type schools.
(6) Essential services.
(7) Public narks.
Section 2. Amend Article V I, DISTRICT REGULATIONS, Section 134-1109, Special
exception uses to read as follows:
Sec. 134-1109. - Special exception uses.
(a) The special exception uses require a site plan and review as provided in article III of this
chapter. The special exception uses in the C-TS town-serving commercial district are as
follows:
(1) Public or private parking lots or storage garages.
(2) Auto rental lots.
(3) Residential tenancy above the first floor.
(4) Private social, swimming, golf,tennis and yacht clubs.
(5) Service stations.
(6) Public structures.
(7) Supplemental parking.
(8) Public or private academic schools.
(9) Drive-in business service facilities.
(10) Churches, synagogues or other houses of worship.
(11) Any commercial establishment with greater than 3,000 square feet of gross leasable
area, provided the town council has found as a fact, that the proposed use is town serving.
(12) Banks and financial institutions, excluding securities or financial brokerage and trust
companies.
(13) Roof-deck automobile parking.
(14) Outdoor seating in conjunction with permitted restaurants where administrative
approval is not being requested. See section 134-1111 for additional conditions.
(15)-deserved. Private narks.
(16) Museums occupying building of unique value as designated historical landmarks, as
determined by the landmarks preservation commission and the town council.
(17) Nightclubs.
(18) Except as provided for in subsection 134-1107(3), offices (excluding executive office
suites), professional services, business services and securities or financial brokerage and
trust companies on the first floor provided that there are at least 50 percent existing office
uses on all floors of the building in which the office use is proposed and more than 50
percent existing office uses on the first floor within 300 feet of the proposed office use
within the same zoning district.
(b) An owner or tenant of a property, located within the C-TS district, which property has
received approval of a special exception after March 31, 1980, shall be required to obtain
approval by the town council under the provisions of section 134-229 prior to being granted
Ordinance No. 13-2015 Page 2 of 3
a new business tax receipt. This subsection shall not apply to renewal of an existing business
tax receipt.
Section 3. 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 4. 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 5. Codification.
This Ordinance shall be codified and made a part of the official Code of Ordinances of the
Town of Palm Beach.
Section 6. Effective Date.
This Ordinance shall take effect 31 days subsequent to its passage on second and final
reading.
PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the Town of
Palm Beach on first reading this !S day of Aprr f 2015, and for second and final
reading on this 1.3 day of Ih Atj 2015.
GSI L. Conic io, Mayor MiPard
ucillo, To ouncil President
/` ,4
RiKleid, Council President Pro Tem
712mia &() dlt,6—
,j?anielle H. Moore, Town Council M mb
ATT Si !Penelop D. Townsend, Town Council Member
san A. OweYist-�VIMV; Town Clerk bert N. Wildrick, Town Council Member
Ordinance..No.` 13-2015 Page 3 of 3