Ordinance 25-2015 Zoning ORDINANCE NO, 25-2015
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 I, IN GENERAL, SECTION 134-2 TO MODIFY THE
DEFINITION OF SUPPLEMENTAL PARKING; SECTION 134-38 BY
CREATING A FEE FOR ADMINISTRATIVE APPROVAL OF A
PARKING EXCEPTION AND SUPPLEMENTAL OFF-SITE PARKING;
SECTION 134-2175 BY PROVIDING CLARIFICATION AND CROSS
REFERENCING OF RELEVANT SECTIONS OF THE CODE;
SECTION 134-2176 PROVIDING AN EXCEPTION IN THE C-WA
DISTRICT TO ALLOW A PERCENTAGE OF UNUSED OFF-STREET
PARKING WITHIN A PARKING GARAGE TO BE SHARED WITH
OTHER COMMERCIAL USES IN THAT DISTRICT; SECTION 134-
2177 PROVIDING REGULATIONS TO ALLOW ADMINISTRATIVE
APPROVAL OF OFF-SITE SUPPLEMENTAL SHARED PARKING;
SECTION 134-2178 BY PROVIDING CLARIFICATION OF WHEN
COLLECTIVE USE IS PERMITTED; SECTION 134-2182 BY
MODIFYING THE EXISTING REGULATIONS FOR OFF-SITE
SUPPLEMENTAL SHARED PARKING TO ELIMINATE A
SCRIVENERS ERROR REFERENCING THE C-PC ZONING
DISTRICT, CROSS REFERENCE APPROPRIATE SECTIONS OF THE
CODE, ALLOW AN ADMINISTRATIVE APPROVAL FOR
SUPPLEMENTAL OFF-SITE PARKING AND AN APPEAL PROCESS
FOR THE REVOCATION OF SAID APPROVAL; SECTION 134-2183
CREATING A SUNSET PROVISION FOR THE MODIFICATION OF
THE DEFINITION FOR SUPPLEMENTAL PARKING AND
ADMINISTRATIVE APPROVAL OF OFF-SITE SUPPLEMENTAL
PARKING; 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 modification to the Code of
Ordinances;
WHEREAS, after public hearing pursuant to notice required by law, the Local Planning
Agency considered the Planning and Zoning Commission's Record and Report and all testimony
and recommended that the Town Council adopt the subject Ordinance; and,
WHEREAS, after public hearing pursuant to notice as required by law, the Town Council
does hereby find, determine, and declare that the public health, safety, morals and general
welfare of the citizens of the Town of Palm Beach require that the aforesaid Chapter 134,
Zoning, of the Code of Ordinances, be amended as hereinafter set forth,
Ordinance No, 25-2015 Page 1 of 12
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM
BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Amend Article 1, IN GENERAL, Section 134-2, Definitions and rules of
construction , to read as follows:
Sec. 134-2. Definitions and rules of construction.
Parking, supplemental means those parking facilities provided as an administrative
approval or special exception use and which are in addition to existing on-site required
parking or property that has deficient parking as set forth in the schedule of off-street
parking requirements. Supplemental parking cannot be used in the calculation of
required off-street parking to develop or redevelop property, or to expand or intensify an
existing or proposed use. This definition shall sunset on December 13, 2017, and revert
back to the previous definition of supplemental parking if the Town Council does not
extend this provision.
Section 2. Amend Article II, ADMINISTRATION, Section 134-38, Filing fees for
rezoning, special exception use, variance, appeal or other zoning matters requiring public
hearing, to read as follows:
Sec. 134-38. Filing fees for rezoning, special exception use,variance or other
matters requiring public hearing or a zoning permit or fee.
(,17) Administrative supplemental shared parking and
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exception application and annual renewal fee.................................... ..500.00 j
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Section 3. Amend Article IX, OFF-STREET PARKING AND LOADING, Section
134-2175, Number of parking spaces required--Generally, to read as follows:
Sec. 134-2175.-Number of parking spaces required—Generally.
(a) Under this division, the following shall be provided:
(1) At the time of the erection of any building or structure, minimum off-street
parking facilities shall be required with adequate provisions for ingress and
egress, in accordance with sections 134-2172 through 134-2174 and the schedule
of off-street parking requirements, as prescribed in section 134-2176.
(2) At the time any building or structure is enlarged or increased in capacity by
adding dwelling units, guestrooms, floor area or seats, minimum off-street
parking facilities with adequate provisions for ingress and egress shall be
required, in accordance with section 134-2 and Sections 134-2172 through 134-
2174 and the schedule of off-street parking requirements, as prescribed in section
134-2176.
Ordinance No. 25-2015 Page 2 of 12
(3) Except as provided in subsection (0, at the time any use or occupancy of an
existing building is changed to a new use or occupancy having differing off-street
parking requirements, the parking requirement for the new use or occupancy shall
be computed on the basis of the schedule of off-street parking requirements in the
section 134-2176. This requirement shall be compared to the requirements of the
existing use or occupancy, and, if the total number of spaces required under the
new use or occupancy exceeds that of the existing use or occupancy, the
difference shall constitute that number of additional off-street parking spaces to
be provided, with adequate provisions for ingress and egress, in accordance with
sections 134-2172 and the schedule of off-street parking requirements as
prescribed in section 134-2176.
(b) Except as provided in subsection (f), a use, building or structure, lawfully in
existence at the effective date of this division, which shall be made nonconforming on the
effective date of the ordinance from which this division derives or any applicable
amendment thereto, may be continued even though off-street parking may not be provided
in full compliance with this division, but the degree of nonconformity due to a deficiency in
providing the required off-street parking spaces may not be increased, either by reducing the
number of parking spaces which are provided on the effective date of the ordinance from
which this chapter is derived or by changing the use or occupancy of an existing building to
a use or occupancy which increases the requirement for off-street parking. For existing
buildings or establishments therein which are nonconforming with respect to the current
parking requirements, and which involve only those uses requiring one space per 200 or 250
square of gross leasable area, whichever is applicable, and which may be required under this
chapter to provide additional parking spaces as a result of a change in use, such
establishments shall be required only to provide that number of spaces over and above the
number of spaces that would have been required at one space per 200 or 250 square feet of
floor area gross leasable area, whichever is applicable.
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(c) Continued availability of required number of off-street parking spaces. After
providing for the proper number of required off-street parking spaces so as to permit a
principal use of property to be established as set forth in the schedule of off-street parking
contained in section 134-2176, such required off-street parking shall continue to be
available in undiminished number for sole use as an integral part of the continuance of the
principal useks) unless meeting the shared parking as provided for in sections 134-2177,
134-2178 and 134-2182. If for any reason such required off-street parking is not available
at all times in connection with the principal use, such principal use shall be discontinued
until such time as the proper number of required off-street parking spaces shall again be
made available for use in connection with the principal use.
(d) The principle of equivalency for evaluating off-street parking in existing uses is as
follows:
(1) Definition of principle of equivalency as applied to the schedule of off-street
parking requirements. The principal of equivalency, as it relates to the schedule of
Ordinance No. 25-2015 Page 3 of 12
off-street parking requirements, shall be defined as an automobile parking space
required by section 134-2176 for establishing an inventory of automobile parking
spaces for a conforming or nonconforming use of an existing building, or
structure or use, for the purpose of determining the net off-street parking
requirement for the establishment of a proposed new use to be permitted in the
building, or structure or use.
(2) In evaluating off-street parking for existing uses, the principle of equivalency
shall be applied when the use or occupancy of an existing building is being
changed to a new use or occupancy having a differing off-street parking
requirement for the purpose of establishing compliance with this chapter.
(3) The following floor area equivalencies may be used as a minimum guide in the
application of the schedule of off-street parking requirements:
a. One permanent seat equals six square feet of floor area in seating areas of
occupancies requiring seating.
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b. One moveable seat equals 15 square feet of floor area in seating areas of
occupancies requiring seating.
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C. The remainder of areas external to actual seating areas shall provide
required parking according to the schedule of applicable parking
requirements.
d. One school student equals 20 square feet of floor area.
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(e) For the purpose of this section, a landmarked commercially zoned building is exempt
from providing additional required off-street parking if increased occupancy or use is
created by interior building improvements which create more gross leasable area.
However, all other provisions of subsections (a)through (d) apply.
(f) In the 200 Block of Peruvian Avenue and Bradley Place in the C-TS zoning district,
existing buildings s or establishments therein which are nonconforming with respect to the
current parking requirements, and which involve only those uses requiring one space per
200 or 250 square feet of gross leasable area, whichever is applicable, shall not be
required to provide additional parking spaces as a result of a change from a use which
alters the parking ratio from one space per 250 square feet to a use which requires one
space for every 200 square feet of gross leasable area.
Ordinance No, 25-2015 Page 4 of 12
Section 4. Amend Article IX, OFF-STREET PARKING AND LOADING, Section
134-2176, Same-Schedule„ to read as follows:
The schedule of off-street parking required by this division shall be as follows"
Use Spaces Required Per Unit
(1)....
(15) Required off-street parking exception for
commercial parking garages in the
C-WA zoning district Number of required parking
spaces attributed to uses on a
commercial property within a
parking garage in the C-WA
district may be reduced by a
maximum of 15% in order to
provide off-site supplemental
parking for other off-site
commercial uses in the same
district. The application can
only be approved if the
property owner provides
evidence satisfactory to the
Town at the time of
application and on an annual
renewal basis that said
parking exception will not
negatively impact the parking
of all on-site uses. Those off-
site commercial uses in the
C-WA district that are
allowed to share the parking
garage shall not be allowed to
use said shared parking as a
basis to develop or redevelop
property, or expand or
intensify the use of property.
(See Footnote I for
requirements in granting an
exception),
Footnote 1: An off-street parking exception application may be approved or denied by the
Director of Planning, Zoning and Building or designee after 15 days of a legal notice being
published in a newspaper of general circulation in Palm Beach or West Palm Beach with a
summary of the request for such off-street parking exception. Said notice shall be paid by
Ordinance No. 25-2015 Page 5 of 12
the applicant and shall not be part of the application fee. Any approval or denial of an
application for an exception to the off-street parking requirements in subsection (15) of this
section may be appealed to the Town Council based on Sec. 134-141 through 134-145 of the
Code. There shall be no fee associated with this type of an administrative appeal.
Section 5. Amend Article IX, OFF-STREET PARKING AND LOADING, Section
134-2177,Location of parking spaces,to read as follows:
Sec. 134-2177. Location of parking spaces.
Parking spaces for all uses or structures which are provided as required parking in
conformance with the schedule of off-street parking and other applicable sections shall be
located on the same lot and shall have the same district classification as the principal use or j
structure they are intended to serve, except as specifically excepted as follows:
(1) The town council may permit, as a special exception, the establishment of such
required off-street parking facilities for commercial uses within 500 feet of the
premises, as measured along the nearest public or permanent private pedestrian
walkway they are intended to serve when:
a. Practical difficulties prevent the placing of the facilities on the same lot as
the premises they are designed to serve;
b. The proposed location is located within the same zoning district as the
principal use it is designated to serve;
c. The owner of the parking area shall enter into a written agreement with the
town, with enforcement running with the town, providing that the land '
comprising the parking area shall never be disposed of except in
conjunction with the sale of the building which the parking area serves so
long as the facilities are required; and
d. The owner agrees to bear the expense of recording the agreement and
agrees that the agreement shall bind his heirs, successors and assigns.The
written agreement shall be voided by the town if other off-street facilities
are provided in accordance with this chapter.
(2) The director of planning, zoning and building or designee may administratively
approve or deny the establishment of supplemental off-street facilities which are
in addition to the existing off-street parking to those facilities required in
accordance with the schedule of off-street parking for a permitted or approved
special exception use. Such supplemental off-street parking facilities may be
permitted for new development or-redevelopment only after the required parking
for the principal use involved has been provided in full at current standards as
contained in the schedule, or for existing development, if the supplemental
parking is in addition to the existing or non-existing required parking and is not
Ordinance No. 25-2015 Page 6 of 12
used as a basis to develop or redevelop property, or expand or intensify the use of
property. Said supplemental parking may only be approved or denied 15 days
after a legal notice has been published in a newspaper of general circulation in
Palm Beach or West Palm Beach with a brief summary of the request for
administrative off-site supplemental shared parking approval Said legal notice
shall be at the expense of the applicant and not be part of the application fee.
Any approval or denial of an application for administrative off-site supplemental
shared parking may be appealed to the Town Council based on Sec. 134-141
through 134-145 of the Code. There shall be no fee associated with this type of
an administrative appeal.
This additional parking may be supplemental parking located no more than 1,500
feet from the off-site supplemental shared parking lot provided, however, that the
town does not receive three or more valid complaints, as determined by the
director of planning, zoning and building or designee, from three different
property owners or tenants within 300 feet of the parking filed with the town
within a 12 month period. If there are three valid written complaints about noise,
light or congestion within that time frame, the supplemental, off-site parking shall
be terminated. Said termination of the shared parking shall occur no later than 30
days after written notice by the Town. Any termination of administrative off-site
supplemental shared parking may be appealed to the Town Council based on Sec.
134-141 through 134-145 of the Code. Subsequent to termination, the
commercial tenant or property owner can apply for a special exception to seek
approval of the shared parking which may be granted by the town council if it can
be demonstrated that the shared parking meets all other provisions for special
exceptions as set forth in sections 134-227 through 134-233. Further, that the
granting of such supplemental on-site or supplemental off-site parking shall not
be allowed to expand, enlarge, alter, renovate, or modify the intensification of use
of a structure except in accordance with the requirements of this chapter.
(3) The town council may permit, as a special exception, the establishment of
required off-street parking facilities for commercial uses in zoning districts
differing from the district of the principal uses of or structures they are intended to
serve if the following conditions are met.
a. The owner of the parking area shall enter into a written agreement with the
town with enforcement running to the town providing that the land
comprising the parking area shall never be disposed of except in
conjunction with the sale of the buildings with which the parking area
serves so long as the facilities are required.
b. The owner of the parking area shall agree to bear the expense of recording
the agreement, and agrees that the agreement shall bind the heirs,
successors and assigns. The written agreement shall be voided by the town
if other off-street facilities are provided in accordance with this chapter.
Ordinance No, 25-2015 Page 7 of 12
C. The parking area shall have been used as a parking area for the entirety of
each of the five calendar years immediately preceding the application for
special exception,
d. The parking area shall abut the property on which is situated the principal
structure for which it is to furnish the required off-street parking.
e. The provisions for special exceptions as set forth in sections 134-227
through 134-233 are complied with•
f. The said parking area shall be located at ground level or below ground
level and shall not be located within any structure above ground.
Section 6. Amend Article IX, OFF-STREET PARKING AND LOADING, Section
134-2178, Collective use, to read as follows:
Sec. 134-2178. - Collective use.
As provided for in this division, two or more owners or operators of buildings or uses of
the same type of zoning classification requiring off-street parking facilities may make
collective provision for such facilities, provided that the total of such parking spaces, when
combined or used together, shall not be less than the sum of the requirements computed
separately, and provided that the combined facility is compatible with the zoning uses being
served.
Section 7. Amend Article IX, OFF-STREET PARKNING AND LOADING, Section �-
134-2182, Shared Parking in the C-TS, C-WA and C-OPI commercial zoning districts, to
read as follows:
Sec. 134-2182. Shared parking in C-TS, C-WA and C-OPI commercial zoning districts
(a) Although there is no entitlement to shared parking, arrangements for shared parking
may be allowed in the CT-S, C-WA and C-OPI commercial zoning districts, subject to
administrative review and approval or review and approval of a special exception as set
forth under sections 134-227 through 134-233 of the Code and under the circumstances
provided in this section•
(b) On-site shared parking. When a new use is proposed to occupy existing floor space
and the new use would require a greater number of parking spaces than required by the
former use, the new use may request sharing of on-site parking to meet the town's off-street
parking requirements subject to the review and approval of a special exception as set forth
under sections 134-227 through 134-233 and under the circumstances as follows:
(1) A traffic planner or traffic engineer clearly establishes to the town council, at the
applicant's expense, that:
Ordinance No. 25-2015 Page 8 of 12
a. All uses utilizing the existing parking facilities will primarily utilize these
parking spaces at different times of the day, week, month or year;
b. The sharing of such parking spaces will not result in conflicting or
overlapping usage of the parking facilities; and
C, The available parking will be adequate to serve the needs of the proposed
use.
(2) If the director of planning, zoning and building department determines that
professional advice and/or consultation is required to review the applicant's
parking findings, the expense of such professional advice shall be borne by the
applicant.
(3) The applicant provides to the town, at the applicant's expense, a recorded three-
party agreement, including the town as one of the parties, with enforcement
running with the town, guaranteeing the continuing availability of the shared
parking spaces during the period of operation of the applicant's use. The term of
the agreement shall approximate the life of the building or use for which the
shared parking spaces fulfill the town's off-street parking requirement. if the
shared parking ever ceases to be available or becomes inadequate due to a change
in the uses' respective schedules of operation that results in conflicting or
overlapping usage, the proposed use shall be required to obtain a new occupancy
permit and provide proof that sufficient parking will be provided or shall be
required to immediately reduce the intensity of the use served to the extent that it
will be conforming to the town's off-street parking requirements. I
(c) Supplemental off-site shared parking. A commercial use may make available to
another existing commercial use the former's required or supplemental parking
spaces for use by patrons or employees if the following conditions are met:
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(1) Administrative supplemental off-site shared parking shall only be allowed
by permit and may only be approved 15 days after a legal notice has been
published in a newspaper of general circulation in Palm Beach or West
Palm Beach with a brief summary of the request for administrative off-site
supplemental shared parking approval. Said legal notice shall be at the
expense of the applicant and not be part of the application fee. Any
approval or denial of an application for administrative off-site supplemen-
tal shared parking may be appealed to the Town Council based on Sec.
134-141 through 134-145 of the Code. There shall be no fee related to
this type of an administrative appeal.
Said supplemental off-site shared parking shall be terminated if three or
more valid complaints, as determined by the director of planning, zoning
and building or designee, from different property owners within 300 feet
of the parking are filed in writing with the town within a 12 month period.
Ordinance No. 25-2015 Page 9 of 12
Said termination of the shared parking approval shall be required no later
than 30 days after written notice by the Town. Any termination of
administrative off-site supplemental shared parking may be appealed to
the Town Council based on Sec, 134-141 through 134-145 of the Code,
Subsequent to the notice to terminate the administrative approval for
shared parking, the commercial tenant or property owner can apply for a
special exception to seek approval of the shared parking which may be
granted by the town council if it can be demonstrated that the shared
parking meets all provisions for special exceptions as set forth in sections
134-227 through 134-233
(2) Granting of such supplemental off-site shared parking shall not be granted
to expand, enlarge or intensify an existing use or proposed use, or the
development or redevelopment of a property or structure.
(3) The applicant establishes to the satisfaction of the town staff, at the
applicant's expense, that all other establishments using the existing
parking spaces will primarily utilize these spaces at different times of the
day, week, month or year from that of the applicant's use, and that the
sharing of such parking spaces will not result in conflicting or overlapping
usage of the parking facilities.
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(4) The owner of the parking lot shall enter into a written agreement with the
town which identifies the number of shared parking spaces, the hours the
shared parking will be used by other businesses, and the location of the
shared parking within the parking lot. Said agreement shall have the
applicant acknowledge that all parties sharing parking shall not have
overlapping or conflicting hours of operation. In addition, as part of the
written agreement, the supplemental shared parking lot owner shall be
required to obtain a business tax receipt and annually provide the town
with an inventory of those businesses and the number of spaces the
businesses are individually using in the supplemental parking lot at the
time of renewal of the business tax receipt,
(5) Supplemental off-site shared parking shall be only for uses no more than
1,500 feet from the off-site supplemental shared parking lot.
(6) The applicant shall provide evidence which shall prove to the satisfaction
of the town that the supplemental off-site shared parking use shall not
cause over uses or parking congestion of the shared parking lot, or
increase noise, light or traffic impacts upon neighboring residential
districts.
Ordinance No. 25-2015 Page 10 of 12
Section 8. Amend Article IX, OFF-STREET PARKNING AND LOADING,
Creating Section 134-2183, Sunset provision, to read as follows:
Sec 134- 2183. Sunset provision.
The provisions for supplemental off-site shared parking in sections 134-2, 134-38, 134-
2177 and 134-2182 of the Code shall sunset on December 13, 2017 and revert back to the
previous provisions in these sections of the Code unless the Town Council extends such
provisions.
Section 9. 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.
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Section 10. 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 11. Codification.
This Ordinance shall be codified and made a part of the official Code of Ordinances of the
Town of Palm Beach.
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Section 12. 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 14th day of October 2015, and for second and final reading on
this 12`" day of November 2015,
L. Conigli , Mayor Michael . Pucillo, To ouncil President
Richard M. Kleid, Council President Pro Tem
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ielle H. Moore, Town Counci ember
ATTEST; Penelope D, ownsen , Town Council Member
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usan A, Owens, MMC, Town Clerk Robert N. Wildrick, Town Council Member
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