Ordinance 24-2015 ZoningORDINANCE NO. 24-2015
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
VIII, SUPPLEMENTARY DISTRICT REGULATIONS, BY CREATING
SECTION 134-1734 REGULATING PLAYGROUND EQUIPMENT AND
PROHIBITING TREE HOUSES AND BY CREATING SECTION 134-1735
BY CREATING REGULATIONS FOR BASKETBALL GOALS;
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 made a recommendation on proposed changes
to the Code of Ordinances related to playground equipment, tree houses and basketball goals;
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,
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 VIII, SUPPLEMENTARY DISTRICT REGULATIONS, by
creating Section 134-1734, to read as follows:
Sec. 134-1734. Playground equipment.
Playground equipment shall only be allowed in residential zoning districts. Playground
equipment, including but not limited to slides swing sets and tether balls shall not be allowed in
a required front yard setback. Said equipment shall be allowed in all residential districts with a
minimum side and rear yard setback of 10 feet and a street side yard and street rear yard setback
of 15 feet Said equipment shall not exceed a maximum height of 15 feet above existing grade.
Said equipment shall be completely screened from a street with either a hedge wall or other
combination of wall or other landscape material. Tree houses are specifically prohibited.
Section 2. Amend Article V I, SUPPLEMENTARY DISTRICT REGULATIONS, by
creating Section 134-1735, to read as follows:
Ordinance No. 24-2015 Page 1 of 3
See. 134-1735. Basketball goals.
Basketball goals shall only be allowed in residential zoning districts. One basketball goal
shall be allowed on a property provided that it is setback a minimum of 15 feet from a front,
street side or street rear property line and 10 feet from a side or rear property line. In addition,
said goal shall be restricted to be used only from 9:00 a.m. to 8:00 p.m. If the town receives three
or more valid written noise complaints from a property owner within 200 feet of the property
which the basketball goal is located within a 12 month period, as determined by the Code
Enforcement Division of the Public Safety Department, said basketball goal shall be removed no
later than 30 days after written notice by the Town. If three legitimate complaints are verified,
said basketball goal shall be removed unless approved by special exception approval by the town
council. Any decision by the staff to remove the basketballoag 1 mayappealed to the Town
Council based on Sec. 134-141 through 134-145 of the Code. In the event of the filing of an
appeal or upon the filing of an application for special exception within thirty (30) days of the
decision of the administrative official, the requirement to remove the basketball goal shall be
stayed until final determination by the Town Council in regard to the appeal or the application
for special exception.
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.
Ordinance No. 24-2015 Page 2 of 3
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
Patin Beach on first reading this 9th day of Septemb r 2015, and for second and final reading on
this 14'x' day of October 2015.
G . Coniglio, ayor Micfiael A Pucillo, Council President
Richard M. Kleid, Council President Pro Tem
Danielle H. Moore, Town ouncil Member
ATTEST; Penelope . Townsend, Town Council Member
0- Wi&a
'� e'aa,14111;1Z f'x� I � san A. Owens, MC, Town Clerk Robert N. Wildrick, Town Council Member
Ordinance No. 24-2015 Page 3 of 3