Ordinance 01-2017 Zoning ORDINANCE NO. 1-2017
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: AT
ARTICLE VI, DISTRICT REGULATIONS, SECTION 134-1259, SPECIAL
EXCEPTION USES, BY ALLOWING OUTDOOR SEATING AS A SPECIAL
EXCEPTION USE IN THE C-PC ZONING DISTRICT; RENUMBERING
EXISTING SECTION 134-1260 AND SUBSEQUENT SECTIONS, AND
CREATING A NEW SECTION 134-1260 IN THE C-PC ZONING DISTRICT
TITLED "STANDS, SEATING DINING AREA AND OPEN COUNTERS FOR
EATING AND DRINKING"; 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 requires 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. Article VI,DISTRICT REGULATIONS, Section 134-1259,Special exception uses,
is hereby amended to read as follows:
Sec. 134-1259. Special exception uses.
(a) The special exception uses require a site plan afifl review as provided in article III of this
chapter. The special exception uses in the C-PC planned center district are as follows:
(14) Outdoor seating in conjunction to permitted restaurants. See Section 134-1260 for
additional conditions.
Ordinance No. 1-2017 Page 1 of 3
Section 2. Article VI, DISTRICT REGULATIONS, Section 134-1260, Stands, seated dining
areas and open counters for eating and drinking, is hereby amended to read as follows:
Sec. 134-1260. - Stands, seated dining areas and open counters for eating and drinking.
(a) No stands or open counters and no open seating arrangement, whether or not at tables,
intended for feeding or the dispensing of food or drink whether or not for profit or for any other
similar purposes for the sale of commodities to the public shall be erected or permitted anywhere
in the town unless they are contained within a building. However, in the C-PC, Planned Center
zoning district,the town council may permit,as a special exception,the serving of food and
beverages to seated patrons in outdoor open air areas which are operated as a part of a restaurant
contained within a building, provided approval of such special exception shall not increase the
allowable capacity. The following are conditions to the approval of any such special exception:
(1) Open air dining areas must be properly buffered to avoid noise, litter, light and odor
impacts upon neighboring properties, especially nearby residential uses.
(2) The area associated with the outdoor portion of the restaurant shall not count toward any
maximum square footage limitations associated with the town-serving aspects of this chapter.
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 thirty-one days after its adoption, as provided by law.
Ordinance No. 1-2017 Page 2 of 3
PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the
Town of Palm Beach on first reading this 11th day of January, 2017, and for second and final
reading on this 15th day of February, 2017.
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Gail I. Coniglio, Mayor Richard M. Kleid, Town Council President
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,,s,;.,,,:,:.,.,-ir..,, , .z� Danielle H Moore, w_ n ToCoicil President Pro Tem
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J i- , ay A .sko_i Town Counci Member
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.AT'T'ES` :, . i bbie Lindsa T.4w ^• Member
R_Susan A. Owens, MMC, Town Berke Margaret A. Ze . , Town Council Member
Ordinance No. 1-2017 Page 3 of 3