Ordinance 15-2017 ZoningORDINANCE NO. 15-2017
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: ARTICLE I, IN GENERAL, SECTION 134-2 TO CREATE A
DEFINITION FOR "ZERO DATUM", MODIFY THE DEFINITION OF
"BUILDING HEIGHT (APPLICABLE ONLY TO THE R -B DISTRICT)",
TO CLARIFY WHERE ZERO DATUM IS TAKEN FROM AND TO
MODIFY ALL DEFINITIONS OF BUILDING HEIGHT AND THE
DEFINITION OF BUILDING HEIGHT PLANE TO REFERENCE "ZERO
DATUM" AS THE POINT OF MEASURING BUILDING HEIGHT,
OVERALL HEIGHT, BUILDING HEIGHT PLANE AND CUBIC
CONTENT RATIO; SECTION 134-2, "BUILDING HEIGHT, OF LOT
ABUTTING LOW STREETS", TO REFERENCE THE MINIMUM
FLOODPLAIN ELEVATION IN CHAPTER 50, FLOODS, AS ZERO
DATUM RATHER THAN 7 '/a FEET MEAN SEA LEVEL NGVD;
ARTICLE VII, DISTRICT REGULATIONS, SECTION 134-793 AND
134-843 TO REFERENCE THE MINIMUM FLOOD ELEVATION
RATHER THAN 7.5 FEET FOR MEASURING THE BUILDING HEIGHT
PLANE REQUIREMENT IN THE R -AA AND R -A ZONING DISTRICTS,
134-893 BY ELIMINATING THE MAXIMUM HEIGHT FOR SINGLE-
FAMILY HOMES ON LOTS ABUTTING LOW STREETS; 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 the following changes 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 require 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. Amend Article I, IN GENERAL, Section 134-2, Definitions and rules of
construction, to read as follows:
Sec. 134-2. Definitions and rules of construction.
Building, height of (applicable only in the R -B districts) means the vertical distance from
zero datum h *^^ e f4h r'^^r Iab (excluding garage) to the bottom of the top chord of the roof
framing member where it intersects the plane of the outside face of the exterior wall for pitched
roofs (excluding dormer windows in non -habitable space). For flat roofs the measurement is to
the point where the ceiling meets the exterior wall. To If the floor lot grade is raised more
than the t l 18 inches above the highest street elevatio pursuant to sections' 2" 797 134-
"7-,
3"$47-, 134-898, 134 °C, 134 1009 and 134 1064, the building height zero datum shall be
meastffed from a point 18 inches above the highest street elevation or the minimum flood
elevation, whichever is lower. For the purpose of constructing additions of less than 800 square
feet, the zero datum shall be the top of the lowest top of first floor slab of the existing
building.
Building height of (applicable to all districts except the R -B districts) means the vertical
distance from the grade established by the to ,,Y, zero datum, which is the crown of the public
or private street or road at its highest elevation abutting the lot to the bottom of the top chord of
the roof framing member where it intersects the plane of the outside face of the exterior wall for
pitched roofs (excluding dormer windows in non -habitable space). For flat roofs the
measurement is to the point where the ceiling meets the exterior wall. The ^ ade as identified i
this definition, s defined as the zero a„*,,.,., for a'^*. For the purpose of constructing additions of
less than 800 square feet, the zero datum shall be the top of the lowest top of first floor slab of
the existing structure.
Building, height of, (applicable only to structures on lots located on the west side of South
Ocean Boulevard between Via Agape and Sloan's Curve in the R -AA district and having a
natural ground level lower than that of the roadway on which the lot fronts) means the vertical
distance from the point of measurement zero datum for height to the bottom of the top chord of
the roof framing member where it intersects the plane of the outside face of the exterior wall for
pitched roofs. For flat roofs, the point of measurement for height is height shall be measured
from zero datum to the point where the ceiling meets the exterior wall. The point of
measurement Zero datum for height is the highest crown of road elevation in front of the lot for
that portion of the lot which is within 50 feet west of the Coastal Construction Control Line
(CCCL). The point of measurement for the portion of the lot west of that area shall be from the
point where the exterior wall meets the minimum flood elevation as defined in Chapter 50 or the
natural grade, whichever is higher. For the purpose of constructing additions of less than 800
square feet, the zero datum shall be the lowest top of the first floor slab of the existing structure
building.
Building height of, corner lot. In those cases involving a corner lot as defined in this
section, the zero datum of the lot set forth in the definition of the term "building, height of
(applicable to all districts except the R -B district)" shall be measured from the average elevation
(taken at the crown of the street) of each of the two intersecting streets abutting the lot. For the
purpose of constructing additions of less than 800 square feet, the zero datum shall be the top of
the lowest top of the first floor slab of the existing stfuetwe building.
Ordinance No. 15-2017 Page 2 of 7
Building, height of, lot abutting low streets, means for the purpose of establishing zero
datum lot grade in the definition of the term "building, height of (applicable to all districts except
the R -B districts)"; the definition of the term "building, height of (applicable only in the R -B
district)"; the definition for the term "building, height of, corner lot"; and the definition of
"building, height of, through lot," those cases involving a street having a low existing street
elevation abutting the lot, and if such street elevation is below the minimum flood elevation as
established in Chapter 50 of the Code of Ordinances. plus 71, feet mea se level,'`Ta*,
Qeedetie VeAieal-Datum, stteh lot gr -a o Zero datum for measuring building height shall be
measured from the minimum flood elevation plus 71A.
Building, height of, through lot. In those cases involving a through lot as defined in this
section, the zero datum for- the lot ^r,ao as set forth in the definition of the term "building height
of (applicable to all districts except in the R -B district)" and the definition of the term "building,
height of (applicable only in the R -B district)" and the definition of the term "building, height of,
corner lot" of the portion of the building fronting on the front street to one-half of the mean lot
depth shall m e its i,ei& be from the grade esta .fished by the eva f r the crown of the
public street at its highest elevation abutting the front of the loth Zero datum for the portion
of the building fronting on the rear street shall its h igk be from the g fade esta .lishea
by the tev the crown of the public street at its highest elevation abutting the rear street yard
of the lot. For the purpose of the definition, North Lake Trail shall not be considered a rear street.
For the purpose of constructing additions that do not exceed 800 square feet onto an existing
structure on a lot, the zero datum shall be the top of the lowest floor slab on the existinge
building.
Building, height of, (applicable to R -B lots abutting Lake Trail), means the vertical distance
from the top of the r'^^r slab zero datum (excluding garage) to the bottom of the top chord of the
roof framing member where it intersects the plane of the outside face of the exterior wall for
pitched roofs (excluding dormer windows in non -habitable space). For flat roofs, the
measurement is to the point where the ceiling meets the exterior wall. The top of the floor slab
forte buildings may be raised to either 18 inches above the crown of the public street at
its highest elevation abutting the lot, the minimum flood elevation, or to the existing grade
elevation of the lot at its midpoint, whichever is higher, provided that the top of the floor slab is
at a minimum elevation of the crown of the public street at its highest elevation abutting the lot
and the minimum flood elevation. To raise the floor more than the typical 18 inches above the
highest street elevation pursuant to 134-898, the s•..,,,.tufe building height zero datum shall be
measured from a point 18 inches above the street. For the purpose of constructing additions that
do not exceed 800 square feet onto an existing structure on a lot, the zero datum shall be the top
of the lowest first floor on the existing stfuetwe building.
Building, height of, (applicable to all other lots abutting Lake Trail), means the vertical
distance from the top of the f4oer slab zero datum (excluding garage) to the bottom of the top
chord of the roof framing member where it intersects the plane of the outside face of the exterior
wall for pitched roofs (excluding dormer windows in non -habitable space). For flat roofs the
measurement is to the point where the ceiling meets the exterior wall. The top of the e slab
Zero datum forte buildings shall be either the crown of the public street at its highest
Ordinance No. 15-2017 Page 3 of 7
elevation abutting the lot, the minimum flood elevation or to the existing grade elevation of the
lot at its midpoint, whichever is higher, provided that the top of the floor slab is at a minimum
elevation of the crown of the public street at its highest elevation abutting the lot. For the purpose
of constructing additions that do not exceed 800 square feet onto an existing structure on a lot,
the zero datum shall be the top of the lowest floor slab on the existinge building.
Building, height of, (applicable to lots or portions of lots east of the State of Florida Coastal
Construction Control Line (CCCL)) means the vertical distance from the point of measurement
for height zero datum to the bottom of the top chord of the roof framing member where it
intersects the plane of the outside face of the exterior wall for pitched roofs (excluding dormer
windows in non -habitable space). For flat roofs the measurement is from the point of
measurement for height shall be measured from zero datum to the point where the ceiling meets
the exterior wall. The point of measurement Zero datum for height in all zoning districts for
buildings either east or partially east of the CCCL shall be the minimum bottom of grade beam
elevation as established by the Florida Building Code plus two feet, the highest crown of road in
front of the lot, or the highest first floor elevation of an abutting principal building, whichever is
highest, provided all of the following conditions are met:
(1) The proposed principal building can be no closer to the bulkhead line than the average
setback of the closest principal buildings on the north and south side of the subject lot, provided
the required rear setback is met;
(2) The proposed principal building can be no closer to the front property line than the
average front setback of the closest principal buildings on the north and south side of the subject
lot, provided the required front setback is met; and
(3) The proposed building can be no taller than five feet above the average height of the
principal buildings on the north and south side of the subject property provided the overall height
does not exceed the maximum overall height allowed. For the purpose of constructing additions
that do not exceed 800 square feet onto an existing structure on a lot, the point of measurement
for height shall be the top of the lowest floor slab on the existing structure provided that said
addition(s) meet the minimum requirements as established in the Florida Building Code for
construction east or partially east of the CCCL.
Building height plane means a height limiting plane extending at an inclined angle from the
intersection of the front yard property line as determined in section 134-1636(2) and the zero
datum grade for- a leo as defined in "height of building" and "overall height of building", or the
minimum floodplain elevation as established in Chapter 50 of the Code of Ordinances seven and
e half feet me ea 1 �', whichever is higher, "
height of building".
Zero datum means the point of measuring all zoning code calculations related to building
height, building overall height, building height plane and cubic content ratio.
Ordinance No. 15-2017 Page 4 of 7
Section 2. Amend Article VI, DISTRICT REGULATIONS, Section 134-793, Lot,
yard and area requirement -Generally, to read as follows:
Sec. 134-793. Lot, yard and area requirements—Generally.
(a) Schedule of regulations. In the R -AA large estate residential district, the schedule of
lot, yard and area requirements is as given in this section:
(1)...
(7) Building height plane. The building height plane regulations are as follows: two
feet of front setback for each one foot in building height.
a. No portion of any building or building roof system shall extend beyond a
height limiting plane extending at an inclined angle from the intersection
of the front yard property line and the zero datum grade for a lot or the
minimum flood elevation as established in Chapter 50 7.5 feet, whichever
is higher, as defined by height of building and overall height of building.
d. The granting of a variance for measurement for building height for ground
levels above the minimum flood elevation as required in Chapter 50 or
zero datum grade 7.5 feet moan sea level is not intended to modify the
location of the building height plane.
Section 3. Amend Article VI, DISTRICT REGULATIONS, Section 134-843, Lot,
yard and area requirement -Generally, to read as follows:
Sec. 134-843. - Lot, yard and area requirements—Generally.
(a) Schedule of regulations. In the R -A estate residential district, the schedule of lot, yard
and area requirements is as given in this section:
(1)...
(7) Building height plane. The building height plane regulations are as follows: two
feet of front setback for each one foot in building height.
a. No portion of any building or building roof system shall extend beyond a
height limiting plane extending at an inclined angle from the intersection
of the front yard property line and the zero datum grade for a lot or the
minimum flood elevation as established in Chapter 50 7.5 feet, whichever
is higher, as defined by height of building and overall height of building.
d. The granting of a variance for measurement for building height for ground
levels above the minimum flood elevation as required in Chapter 50 or
zero datumrg ade 7.5 feet mean sea level is not intended to modify the
location of the building height plane.
Ordinance No. 15-2017 Page 5 of 7
Section 4. Amend Article VI, DISTRICT REGULATIONS, Section 134-893, Lot,
yard and area requirement -Generally, to read as follows:
Sec. 134-893. - Lot, yard and area requirements—Generally.
(a) Schedule of regulations. In the R -B low density residential district, the schedule of lot,
yard and area requirements is as given in this section:
(1)...
(10) Height and overall height.
a. For one-story buildings, the maximum building height is 14 feet.
b. For two-story buildings, the maximum building height is 22 feet.
C. Maximum overall height of a building in the R -B district shall be the
maximum allowable building height plus three feet for a flat roof and eight
feet for all other roof styles. When a parapet is used above the maximum
building height, as defined in section 134-2, the building overall height
will be calculated based on the flat roof style identified above. Parapet
walls extending above the maximum allowable building height shall have
appropriate architectural treatment.
d. The vei4ieal ,list. nee to +b. + of the beam 1 + a 'b. a the
ui.� 4.(.L1Itior-
building height .loft..'+ seetion 134 7 shall t b +b. 18 feet
.b... definition afner-e
(one story) or- 26 feet (two stories) above the er-e3A% of street at its highest
elevation
uvtAcing naver-age
the street) of o e of the two stfeets .,b, ,+' +b. lot in tease F
i
thfough lots;.
Section 5. 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 6. 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 7. Codification.
This Ordinance shall be codified and made a part of the official Code of Ordinances of the
Town of Palm Beach.
Ordinance No. 15-2017 Page 6 of 7
Section S. Effective Date.
This Ordinance shall take effect 31 days subsequent to its passage on second and final reading.
PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the Town of
Palm Beach on first reading this 14th day of June, 2017, and for second and final reading on this
12th day of July, 2017.
VVY III/,
wd"
/
._ _WA,..ionilio), May -0;
AtT
Gwendolynn Pe e, CMC
Acting Town Clerk
<<7 / Q
0j
Richard Kleid, Town Council President
Danielle H. Moore, Council President Pro Tem
Araskog, Town Council
Bol3bie Lindsay, Town
Margaret A. Zeidman, T
Ordinance No. 15-2017 Page 7 of 7
I Member