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Ordinance 16-2016 Zoninggflnffl��Iq # IJ 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 As Follows: Section 134-893, Lot, Yard And Area Requirements By Creating Alternative Zoning Regulations That Could. Be Used For Seaview Avenue, Seaspray Avenue And Seabreeze Avenue In The R -B Zoning District; Sections 134-1113, 134-1163, 134-1213 And 134-1308 By Exempting Sub -Basements From The Maximum Bung Length And Floor Area Requirements In The C -TS, C -WA, And C-OPI Commercial Zoning Districts And The Maximum Building Length Requirement C -B Commercial Zoning District; Section 134-1611 By Creating Separate Zoning Regulations For Lot Coverage, Setbacks And Landscape Open Space Requirements For Sub -Basements In The C -TS, C -WA, C-OPI And C -B Commercial Zoning Districts; Section 134-1516 By Providing Landscape Screening Regulation. For Boxes Housing Essential Services; Section 134-1731 By Providing Additional Regulations For Exterior Lighting And Section 134-2327 By Eliminating A Specific Fee For Vi.sitor/Service Permits; Providing For Severability; Providing For Repeal Of Ordinances In Conflict; Providing For Codification; Providing An Effective D.?.te. 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; WHERE, AS, 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 To Council adopt the subject Ordinance; and, . . . . . . . . . . . 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, I VAJ FU' 1AWA_ Moak=* Section 1. Article V!, DISTRICT REG(JLATIONS, Section 134-893, Lot, yard and area requirements — Generally, is hereby amended to include a new sub-section(a) to read as follows: Section. 134-893. — Lot, yard and area requirements — Generally. Oa Ln order the tniq residential character ofSeavLewAvenqp,�Seas �raAy�enue and Seabreeze n and reconstruction of asin �tamildwgllin and/or assessor huilding(s) on a lot 75 fctg r less in width are g�� - --q— Ordinance-2016 Page 1 of 8 ex t forth in this Section if redeveloped substantially on the same foo Tint as existed rior to demolitionj2Lovided the followiqg_gonditions are met: I . architectural within the he the Architectural Commission. 2. Theproose�dsin,,�Ie-famildw 11in -, and/or a;ccessory buildin s8 shall meet the rgriircments in Section .134-3(c 3. If the existi within 5 feet of a side or rear lot line, the replacement footprint must be shifted such that an. absolute minimum 5 foot side and rear lot line setback is created, And further the redeveloraed home must he situated at least 10 feet a art Born r structure on a neighboring lot. 4. surement of the proposed sinAe- f i.Y� dvveYlin�; door accessory bui.Ydinl are na lta pher than the dwelling dt"or accessorlbuildinZ(js beindemolished. 5. Luildin,CsLshall meet all lot, and bulk ode. I - - _C_ 6. If. variances ggq be requested for �!y n w �additions which add additional square footaLYe or cubic content than existed _ The remaining subsections in 134-893 shall remain unchanged, however, they shall be re -lettered to follow consecutively subsection (a) above. Section 2. Article VI, DISTRICT MEG- ULATIONS, Section 134-1113, Lot, yard and area requirements — enerally, is hereby amended at subsections (1 0) Length, and (12) Floor area, to read as follows: See. 134-1113. - Lot, yard and area requirements --Generally. In the C -TS town -serving commercial district, the schedule of lot, yard and area requirements is as given in this section: a. For one-story buildings, the maximum building length is 150 feet. Ordinance No. 16 -2016 Page 2 of 8 b. For two-story buildings, the maximum building length is 150 feet. c. Sub -basemen Individual build sub -basement shall eacb. be considered as a seraarate bildinfor the ter ose of calculating building length. ME��V 'MMMMCKM� c. Sub -basements shall be exe�tro�mthe�maxin�ium floor ea LeggiLrements. individual build sub -basement shall each be considered as a, seta ate building dor tl�e ose of calcuatin buildint„ Moor area Section 3. Article VI, DISTRICT REGULATIONS, Section 134-1163, Lot, yard and area requirements — Generally, is hereby amended at subsection (1 0) Length, and (12) Floor area to read as follows: See. 134-1163. - Lot, yard and area requirements --Generally. In the C - WA Worth Avenue district, the schedule of lot, yard and area requirements is as given in this section: M END= a. For one-story buildings, the maximum building length is 150 feet. b. For two-story buildings, the maximum building length is 150 feet. c. For multi -family building maximum dimensions, see section 134-1871 et seq. d. Refer to the Worth Avenue Design Guidelines for special exception requirements providing for special allowances to coverage, height, building length and gross floor area limitations e. SU quire ment. Individual build sub -basement shall each be considered as a se . n ten th. a. For one-story buildings, the maximum gross floor area of buildings is 15,000 square feet. Ordinance No. 16 -2016 Page 3 of 8 b. For two-story buildings, the maximum gross floor area of buildings is 15,000 square fel d. Sub -basements are ex nt. Individual buildi sub -basement shall each be considered as a se arate buzldig for the urease of calculatirz buildin Boor area. Section 4. Amend Article VI, DISTRICT REGULATIONS, Section 134-1213, Lot, yard and area requirements – Generally, is hereby amended at subsection (10) Lengthand subsection. (12) Floor area, to read as follows: Sec. 134-1213. - Lot, yard and area requirements—Generally. In the C-OPI office, professio�nal and institutional district, the schedule of lot, yard and area requirements is as given in this section: MHEM a. For one-story buildings, the maximum building length is 150 feet. •aff-MEMMIMM c. For three-story buildings, the maximum building length is 150 feet. d. Sub-basementsirement. Individual. building sub -basement shall each be considered as a sepqrpte building for the purpose of calculatin buildin lepg1j. MIME= I 11IF I I 1plillIgg I I M 1 1 1 IN 11 1 11 1 � Ili "PTIMM "_t III OEM= c. For three-story buildings, the Maximum gross floor area of buildings is 30,000 square feet. d. Sub-basetnents Uirement. Individual building sub -basement shall each be considered as a se '�flogruea, Section S. Article VI, DISTRICT REGULATIONS, Section 134-1308, Lot, yard and area requirements – Generally, is hereby amended at subsection (1 0) Length, to read as follows: Ordinance No. 16 -2016 Page 4 of 8 See. 134-1308. - Lot, yard and area requirements ---Generally. In the C -B commercial district, the schedule of lot, yard and area requirements is as given in this section: (10) Length, a. For one-story buildings, the maximum building length is 150 feet. b. For two-story buildings, the maxing tun building length is 150 feet. c. Sub -basements are exeppt frons the maximum hgLIdin. Y len h re pirement. Individual buildipgglements extendin bone ground from a single sub -basement shall. each. be consi&redas ase sqLate bj!�Jdin Y �forthepuo�seof c�al�g glatim, �build�inlen �th. Section 6. Article VIII, SIJPPLEMENTARY DISTRICT REGULATIONS, Secti 134-1611, Sub -basement exception, is hereby amended to read as follows: I See. 134-1611. - Sub -basement exception. MFor residential and. time- iercial development within the C -PC Planned Commercial District no portion of a sub -basement may be located beyond the confines of the outer walls of the first floor above it except under the .following conditions: qu The sub-basernent shall have at least 51% of its floor area witl in the nfnes the outer walls of the main portion of the building located above the sub -basement. Ade ekh",..e we4ls ekhe-ffi, pe#ii.�� sub -basement ftifiTaftioft hidden from view from any elevation of the building. (4d) The portion. of the sub -basement outside of the outside walls of the main building above the sub -basement shall not be allowed to count in the calculations for landscape open space requirements and shall count toward lot coverage. and; .(ej--------rlie,sub-baseinentshall be setback a minimum of five feet OLOm aerty line, Rma _ — f2) For development or redevejppmerqt in comnicrciaLzonindistrictswith the excelation of p,— ent shall be allowed under the following conditions:, Ordinance No. 16 -2016 Page 5 of 8 n from view from any elevation of the building. of the outside walls of the main buildigg above the sub -basement shall be allowed to count in the calculations LNgLrements. (dl_. The sub -basement shall be setback a minimum. of five feet ftm-gpro env liRe- Section 7. Article VIII, SUPPLEMENTARY DIST RICTU"GULATIONS, Section 134-1516, Underground location. of utility service fines, is hereby amended to read as follows: m1111 111�11rl r 11 11:1 ��:1 ir I ri 1. Boxes housing,- essential services in the front , ai�d setbacks shall be front, side and street rear y screened from view from the street in somij �has �ossible �bei�ther a _wall or �hed �elwit�ed and maintained at a height the same as or greater than said essential service box. An essential service is defined in. Sec. 134-2 of the Code. 2., At the time that any new buildings or structures are being constructed or located on any privately owned property or at the time that any existing buildings or structures on privately owned property are being reconstructed, substantially extended and enlarged or structurally altered, such buildings or structures shall have an entirely underground location for all utility service lines, electrical distribution systems, wires and cables, which connect to and service such buildings or structures. Section 8. Article VIII, SUPPLEMENTARY DISTRICT REGULA"riONS, Sec. 134- 173 1, is hereby amended to read as follows: See/ 134-1731. Outdoor lighting equipment. a. The maximum height of poles or structures for the purpose of supporting lighting fixtures and lighting equipment shall be 15 feet above finished grade. b. L:i ht 1"res ass shall be del�ned as the oor control of exterigLr lighlin-,- �that crosses proffer t lines and detracts fro ro erb values c1 our oalt c>f Life. exterior or landsc j f lbot-candlg_jg_squill off the rt� Ordinance No. 16 -2116 Page 6 of ; 21 -Li Ll fin -, that is directed or aimed in such a manner as to create a nuisance oLglare to. gD� abutt�inr�oert � marmer as to create a nuisance or &1are to passers-1,either by footor Section 9. Article XI, ON -STREET PARKING PERMITS*, Sec. 134-2327, Issuance, is hereby amended to read as follows: Sec. 134-2327. - Issuance. (1) Resident permits, To persons who are residents of any particular area in which parking is so restricted, to be limited to that particular area in which parking is so restricted for every vehicle owned by those persons., (2) Visitorl.vervice permits, Upon application by such owner, up to two visitor/service permits may be issued, which permits may be used by such owner for the sole purpose of providing parking on a temporary basis to service vehicles which are conducting work at such owner's premises or for visitors of such owner's residence, These permits shall be used only for the period of time during which business is to be conducted by the service vehicles or for the duration of stay of a visitor to the residence for which the permit is issued. xviur-&jye1 H11 STCH 0 hereby authorized for issuance of said permit 4420.00., payable to the finance department s 11,111 11 11 A e.Aftfged for each visitor/service permit. The amount of -the fee shall be established bv resolution of the town counci ion of the town council. These permits shall not be affixed to the vehicle, but shall be placed in a clearly visible place on the inside of the visitor's or service vehicle observable through the front windshield of the vehicle. The permits shall be valid only for the period of time during which the service vehicle is conducting work at the premises or for the period of time a visitor is at the premises. (3) Temporary group permits. To residents as provided in section 134-2328. (4) Adjacent resident permits. To persons who are residential users in a commercially zoned areq-- 1W WCU 111 7-71 11C,11 PdMag IS SW f CNLUICLOt, 101"110L Ill than two vehicles owned by that person and upon proof shown. that on-site parking is not available to that person on the property in which he resides within the comm, ercially zoned area. Section 10. 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 Ordinance No. 16 -2016 Page 7 of 8 oft ine inv, provisionFU apimcailoas, WrIT I Oil- U* hereby declared severable. Section 11. 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 12. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Palm Beach. Section 13. 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 9th day of Noveniber 2016, and for second and final reading on this 14'h day of December, 2016. - --4Micha LIJ. Pue IV (#ir L--. Coniglib, Mayor .Richard M—Kleid, Council President Pro Tern Danielle H. Moore, Town Council Member Bobbie an A® wens, MMC, Town Clerk Marg t A. Ordinance No. 16 -2016 Page 8 of 8 Town. C ncil Member Town Council Member