Loading...
Ordinance 12-2017 ZoningORDINANCE NO. 12-2017 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 134-1353 BY ELIMINATING THE REFERENCE TO PERMITTED USES, SECTION 134-1354 BY ELIMINATING THE WORD "AND"; AND CREATING SECTION 134-1355, PROHIBITED ACTIVITY, REQUIRING PERMITS FOR LANDSCAPE ACTIVITIES; AND, PROHIBITING THE USE OF LANDSCAPE MATERIAL FOR ALLOWING OR PROMOTING THE USE OF LAND FOR OTHER THAN THAT ALLOWED BY SPECIAL EXCEPTION USE WITHIN THE CONSERVATION ZONING DISTRICT; 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; and, 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 134-1353, Accessory uses, is hereby amended to read as follows: Sec. 134-1353. Accessory uses. The accessory uses in the C conservation district are other accessory uses customarily incident to permitted or approved special exception uses. Ordinance No. 12-2017 Page 1 of3 Section 2, Article VI, DISTRICT REGULATIONS, Section 134-1353, Special exception uses, is hereby amended to read as follows: Sec. 134-1354. Special exception uses. The special exception uses require a site plan ami review as provided in article III of this chapter. The special exception uses in the C conservation district are as follows: (1) Municipally owned and operated parks and recreation areas. (2) Essential services, excluding wireless telecommunication towers and distribution electrical substations. Sectiop 3, Article VI, DISTRICT REGULATIONS, Section 134-1355, Prohibited activity, is hereby created to read as follows: Sec. 134-1355. Prohibited activity. It shall be unlawful for any person, organization or governmental entity to use, remove, relocate or plant any landscape material on uplands within the Conservation District without a permit pursuant to Chapter 66 of the Code of Ordinances. This includes the use of mulch, removal of exotic plant material and/or the planting of native landscape material. It shall be unlawful to make any alterations for the purpose of allowing or promoting the use of conservation land for any public or private purpose other than that allowed by special exception use. Section 4. 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 5, 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 6, Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Palm Beach. Section 7. Effective Date. Ordinance No. 12-2017 Page 2 of 3 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 12th day of April, 2017, and for second and final reading on this 10TH day of May, 2017. r Richard M. Kleid, Town Council President YwilL t111ffh_ Danielle H. Moore, Council President Pro Tern ~:wi;aR: A Oweos, MMC, Town Ordinance No. 12-2017 Page 3 of3