Ordinance 03-2017 ZoningORDINANCE NO. 3-2017
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, BY MODIFYING SECTIONS 134-1257,
PERMITTED USES AND 134-1259, SPECIAL EXCEPTION USES IN THE C-PC
ZONING DISTRICT, TO INCREASE THE MAXIMUM GROSS LEASABLE
AREA OF COMMERCIAL USES TO DEMONSTRATE TOWN-SERVING
FROM 2,000 SQUARE FEET GROSS LEASABLE AREA TO 3,000 SQUARE
FEET GROSS LEASABLE AREA; 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 evidence and
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 134-1257, Permitted uses. is
hereby amended to read as follows:
Sec. 134-1257. Permitted uses.
(a) The permitted uses in the C-PC planned center district are as follows:
(1) No limitations on gross leasable area (GLA).
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(2) Maximum J,()00 3.000 square feet of GLA. All other retail shops, personal services and banks and
financial institutions not specifically cited under the permitted uses in subsection.
(b) Regulation of existing nonconforming commercial uses. Any existing uses contained on the list
Ordinance No. 3-2017 Page 1 of 3
of permitted uses under subsection (a)(2) of this section which contain more than ±;GOO 3,000 square
feet of gross leasable area (GLA) shall be classified as existing nonconforming uses (refer to division
2 of article IV of this chapter). However, all future changes of use shall be limited to those uses listed
as permitted uses in subsection (a) of this section with a maximum gross leasable area of±-;()00 3,000
square feet, and if a change of use is contemplated from one general commercial category (retail and
services; office, professional and business services; or banks and financial institutions) to another,
or from one generic use (residential, commercial, public/private group use) to another, wherein the
new use will involve a gross leasable area exceeding ±;GOO 3,000 square feet, the contemplated new
use shall be subject to prior approval of a special exception application by the town council before
the change is made (refer to sections 134-227 through 134-233 pertaining to special exception uses).
In effect, this will allow any existing use over ±;GOO 3.000 square feet, in a district with a ±;GOO
3,000-square-foot limitation, to continue operating at its existing scale or to change to another use
within the same general commercial category without town council approval. No existing
commercial use which is subject to the ±;GOO 3.000 square feet maximum gross leasable area (GLA)
regulation may occupy additional space within 1,500 feet of the existing licensed businesses, which
distance shall be measured along the public sidewalk, if such new space to be occupied will increase
the total gross leasable area (GLA) to more than ±;GOO 3,000 square feet.
Section 2. 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 and review as provided in article III of
this chapter. The special exception uses in the C-PC planned center district are as
follows:
(10) All retail and personal service activities exceeding~ 3,000 square feet gross
leasable area not specifically cited under the permitted uses in subsection 134-
1257( a)(2).
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.
Ordinance No. 3-2017 Page 2 of3
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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.
PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the
Town of Palm Beach on first reading this 11th day ofJanuary, 2017, and for second and final
reading on this 12th day of April, 2017.
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Ordinance No. 3-2017
Richard M. Kleid, Town Council President
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Danielle H. Moore, Council President Pro Tern
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