Ordinance 19-2016 Building CodesORDINANCE NO. 19- 2016
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PALM
BEACH, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN
CODE OF ORDINANCES AT CHAPTER 18, BUILDINGS AND BUILDING
REGULATIONS: AT SECTION 18-201, PRELIMINARY SKETCH; SITE
PLAN; FINAL PLAN, SUBSECTION (b), BY CLARIFYING THAT
ARCHITECTURAL COMMISSION APPLICATIONS SHALL BE MADE
ON A STANDARD TOWN FORM, THAT MAJOR PROJECTS AND
MINOR PROJECTS WITH NOTICE APPLICATIONS MUST BE
SUBMITTED AT LEAST 35 DAYS IN ADVANCE OF THE
ARCHITECTURAL COMMISSION MEETING, THAT REVISIONS TO
CERTAIN APPLICATIONS MUST BE SUBMITTED AT LEAST 15 DAYS
IN ADVANCE OF THE ARCHITECTURAL MEETING, AND
CORRECTING CROSS-REFERENCE SECTION NUMBERS; AT
SUBSECTION (c) BY CLARIFYING THAT ARCHITECTURAL
COMMISSION APPLICATIONS SHALL BE MADE ON A STANDARD
TOWN FORM, THAT MINOR PROJECTS WITH NO NOTICE MUST BE
SUBMITTED AT LEAST 15 DAYS IN ADVANCE OF THE
ARCHITECTURAL COMMISSION MEETING, AND CORRECTING
CROSS-REFERENCE SECTION NUMBERS; AT SECTION 18-202,
NOTICE; PHOTOGRAPHS, SUBSECTION (2) AND (3), BY REQUIRING
THAT A GRAPHIC DEPICTION SHOWING A BUILDING AND
LANDSCAPING ELEVATION OF EACH MAJOR PROJECT AND MINOR
PROJECT WITH NOTICE BE INCLUDED IN THE NOTICE, REQUIRING
THAT NOTICES BE MAILED TO NEARBY PROPERTY OWNERS AT
LEAST 30 DAYS IN ADVANCE OF THE ARCHITECTURAL
COMMISSION MEETING, REQUIRING APPLICANTS TO PROVIDE AN
AFFIDAVIT VERIFYING COMPLIANCE WITH NOTICE PROVISIONS;
AND THAT DIGITIZED COLOR PHOTOGRAPHS MEASURE AT LEAST
4" X 6"; AND AT SECTION 18-203, REFERRAL OF PLANS TO
COMMISSION, REQUIRING THAT THE ARCHITECTURAL
COMMISSION SHALL ACT ON APPLICATIONS WITHIN 40 DAYS OF
FILING DEADLINES; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, after public hearing pursuant to notice required by law, the Ordinance,
Rules & Standards Committee voted to support proposed Architectural Commission
procedural changes; and,
WHEREAS, after recommendation from the Ordinance, Rules & Standards
Committee, The Town Council directed staff to proceed forward with the adoption of
revised Architectural Commission procedural changes; and,
WHEREAS, after public hearing pursuant to notice required by law, the Ordinance, Rules
& Standards Committee voted to support proposed Architectural Commission procedural changes;
and,
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PALM BEACH, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Division 3. PROCEDURE AND REQUIREMENTS is hereby amended to read as
follows:
• 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 architectural commission
policies prior to preparing working drawings.
(b) The applicant for a building permit, when subject to the requirements of this article, shall
submit an application to, and on a standard form prescribed by, the planning, zoning and
building department director or his/her designee, at least 35 days prior to the next regular
meeting date for those projects classified as major projects or minor projects with notice
as designated within the ARCOM Project Designation Manual. Required submittal
materials also include a site plan as defined by section 18-207 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 confirm 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 confirm to section 18-
207. Plan revisions, if made, shall be submitted to the Town at least 15 days prior to the
Architectural Commission meeting at which they will be considered. Only minor
changes from those submitted may be presented and considered at that meeting. Work
not thus presented may be rejected by the planning, zoning and building department
director or his/her designee.
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Ordinance No. 19-2016
(c) The applicant for a building permit, when subject to the requirements of this article, shall
submit an application to, and on a standard form prescribed by, the planning, zoning and
building department director or his/her designee at least 15 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. Required submitted materials also include a
site plan as defined by section 18-207, and exterior elevations and such other data as will
assist the architectural commission and the planning, zoning and building department
director or his/her designed in evaluating the proposed building or structure or minor
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 shown in detail that it
will confirm 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 confirm to section 18-207. Work not thus
presented may be rejected by the planning, zoning and building department director or
his/her designee.
(Ord. No. 11-2015, § 1 (Att.), 4-15-15)
Section 2. PROCEDURE AND REQUIREMENTS is hereby amended to read as follows:
Sec. 18-202. — Notice; photographs.
An applicant for a building permit shall comply with the following:
(1) The applicant whose project is classified as a major project shall provide notice on a
standard form prescribed by the Town, together with a copy of the application and
graphic depiction showing a building and landscaping elevation of the intended
project, by mail to property owners within a 250 -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 30 days prior to the scheduled meeting. Applicant
shall sign and submit a Notice Affidavit to the Town verifying compliance with this
Section.
(2) The applicant whose project is classified as a minor project -with notice shall provide
notice to owners of the adjacent 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 30
days prior to the scheduled meeting.
(3) The applicant shall provide digitized 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). Photos shall measure at least 4" x 6".
(Ord. No. 11-2015, § 1(Att.), 4-15-15)
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Ordinance No. 19-2016
Section 3. PROCEDURE AND REQUIREMENTS is hereby amended to read as follows:
Sec. 18-203. — Referral of plans to commission.
(a) The planning, zoning and building department director shall refer the plans required by
section 18-201 to the architectural commission at its next regular meeting provided plans
have been submitted in accordance with application submittal deadlines. 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 40 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 12 months from the
date of the meeting at which the decision was rendered, 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.
(b) 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.
(c) 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.
(d) Determinations of the architectural commission shall be rendered in writing.
(Ord. No. 11-2015, § 1(Att.), 4-15-15)
Section 4. 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 5. 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 6. Codification.
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Ordinance No. 19-2016
This Ordinance shall be codified and made a part of the official Code of Ordinances of the
Town of Palm Beach.
Section 7. Effective Date.
This Ordinance shall take effect 31 days subsequent to its passage on second and final reading.
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Ordinance No. 19-2016
PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the Town of
Palm Beach on first reading this 13ffi day of October, 2016, and for second and final reading on
this day of November, 2016.
T
G L. Coniglio, Mayor is ae J. Pucillo, Council President
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usan A. Owens, MMC, Town Clerk
Richard M. Kleid, Council President Pro Tem
Danielle H. Moore, Town Council Member
Bobbie
Margaret A.
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Ordinance No. 19-2016
Town Coua6il Member
PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the Town of
Palm Beach on first reading this 13`Y' day of October, 2016, and for second and final reading on
this y of November, 2016.
tC)
G L. Coniglio, Mayor
is ae J. pucilloqgWn Council President
Richard M. Kleid, Council President Pro Tem
� S
usanA. Owens, MMC, Town Clerk
Danielle H. Moore, Town Council r
Bobbie Li
Margaret A.
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Ordinance No. 19-2016
Town Couvil Member