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Ordinance 08-2017 ZoningORDINANCE NO. 8-2017 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, AT ARTICLE VI, DISTRICT REGULATIONS, SECTIONS 134-1107, 134-1157, 134-1207 AND 134- 1302, PERMITTED USES, BY CONDITIONALLY ALLOWING STORAGE FACILITIES IN THE C-TS, C-WA, C-OPI AND C-B COMMERCIAL ZONING DISTRICTS RELATED TO PERMITTED OR SPECIAL EXCEPTION USES IN THE SAME ZONING DISTRICT IN WHICH THE STORAGE FACILITY IS TO BE LOCATED; BY CREATING A NEW SECTION 134-1760 WHICH PROVIDES FOR CONDITIONS IN WHICH SAID STORAGE FACILITY IS PERMITTED; 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: Sectiop 1. Article VI, DISTRICT REGULATIONS, Section 134-1107, Permitted Uses uses, is hereby amended to read as follows: Sec. 134-1107. Permitted uses. a. Enumeration; maximum gross leasable area. The permitted uses in the C-TS town-serving commercial district, with a maximum of 3,000 square feet gross leasable area (GLA), are as follows: (1) .... (6) Storage facility related to a permitted or special exception use in the district provided said use meets all additional conditions in section 134-1760 ofthis chapter. Ordinance No. 8-2017 Page 1 of 4 ffi Essential services. ~) Public Parks. Section 2. Article VI, DISTRICT REGULATIONS, Section 134-1157, Permitted uses, is hereby amended to read as follows: Sec. 134-1157. Permitted uses. a. Enumeration; maximum gross leasable area. The permitted uses in the C-WA Worth Avenue commercial district, with a maximum of 4,000 square feet gross leasable area (GLA), are as follows: (1) .... (29) Storage facility related to a permitted or special exception use in the district provided said use meets all additional conditions in section 134-1760 of this chapter. Qfil Combinations of the uses in subsections(a)(l) through (28) of this section. Section 3. Article VI, DISTRICT REGULATIONS, Section 134-1207, Permitted uses, is hereby amended to read as follows: Sec. 134-1207. Permitted uses. a. Enumeration; maximum gross leasable area. The permitted uses in the C-OPI, office, professional and institutional district are as follows: (1) .... (5) Storage facility related to a permitted or special exception use in the district provided said use meets all additional conditions in section 134-17 60 of this chapter . .(fil Essential services. Section 4, Article VI, DISTRICT REGULATIONS, Section 134-1302, Permitted uses, is hereby amended to read as follows: Sec. 134-1302. Permitted uses. a. Enumeration; maximum gross leasab/e area. The permitted uses in the C-B commercial district require a site plan and review as required in article III of this chapter. b. The permitted uses in the C-B commercial district are as follows: Ordinance No. 8-2017 Page 2 of4 (1) .... (5) Storage facility related to a permitted or special exception use in the district provided said use meets all additional conditions in section 134-1760 of this chapter . .(fil_ Essential services. Section 5, Article VI, DISTRICT REGULATIONS, Section 134-1760, Storage facility, is hereby created to read as follows: Sec. 134-1760. Storage facility. A storage facility use (including. but not limited to. storage of inventory and supplies. office for shipping and receiving of merchandise. employee break room and/or employee restroom) is allowed in the C-TS. C-W A. C-OPI and C-B commercial zoning districts provided the following conditions are met. D It is related to an existing permitted or special exception use in the same zoning district: 2} It is not located within a tenant space which has windows fronting a main road. esplanade or via: 1). It is located behind a door in a manner that its contents cannot be seen from a main road. esplanade or via: 1) It does not independently exceed the maximum town-serving threshold for the zoning district in which it is located; 5) Movement of merchandise from the accessory storage facility use to the principal use shall not unduly block or otherwise interfere with orderly pedestrian movement or commercial enterprise. Section 6, 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 7, Repeal of Ordinances in Conflict. Ordinance No. 8-2017 Page 3 of 4 I { ;;:",j 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 8, Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Palm Beach. Section 9. Effective Date. This Ordinance shall take effect thirty-one days after its adoption, as provided by law. PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the Town of Palm Beach on first reading this 15th day of March 2017, and for second and final reading on this 12th day of A ril, 2017. -~..J,,J--'----~------------ Richard Kleid, Town Council President ~,wLLMO~ Danielle H. Moore, Council resident Pro Tern ATTEST: 95:_, /~ 8~a: 2~.~~•~fl£ ~~h] :;·;: Clerk -~~1,:J Tcwn t/ej' J, • , . .J ,, ,· Ordinance No. 8-2017 Page 4 of4