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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). a .... (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 ,, { } " ~ '·· ,, r t\. 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. '- I ' ' ! I I , ' , Ordinance No. 3-2017 Richard M. Kleid, Town Council President ~,~ii--~ Danielle H. Moore, Council President Pro Tern Page 3 of3