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Ordinance 30-2017 Special Events ORDINANCE NO. 30-2017 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 I, IN GENERAL, SECTION 134-2, DEFINITIONS AND RULES OF CONSTRUCTION, BY CREATING DEFINITIONS FOR AN OUTDOOR PROMOTIONAL EVENT USE AND A PROPERTY IDENTIFICATION YARD SIGN; AT ARTICLE VI, DISTRICT REGULATIONS, SECTIONS 134-1109, 134-1159 AND 134-1259, SPECIAL EXCEPTION USES, BY CONDITIONALLY ALLOWING OUTDOOR PROMOTIONAL EVENTS AS A SPECIAL EXCEPTION USE IN THE C-TS, C-WA AND C-PC COMMERCIAL ZONING DISTRICTS; AT ARTICLE VIII, SUPPLEMENTARY DISTRICT REGULATIONS, BY ADDING A DIVISION 18, OUTDOOR PROMOTIONAL ACTIVITIES, SECTION 134-2115, STANDARDS AND CRITERIA FOR OUTDOOR PROMOTIONAL ACTIVITIES; AT ARTICLE XI, SIGNS, BY MODIFYING SECTION 134-2437, BUILDING IDENTIFICATION, BUSINESS IDENTIFICATION SIGNS, BY ADDING "PROPERTY IDENTIFICATION YARD SIGNS" TO THE TITLE AND ALLOWING PROPERTY IDENTIFICATION YARD SIGNS ON PROPERTIES THAT MEET CERTAIN CRITERIA IN ALL OF THE COMMERCIAL ZONING DISTRICTS; 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: Ordinance No. 30-2017 Page 1 of 5 Section 1. Article I, IN GENERAL, Section 134-2, Definitions and rules of construction, is hereby amended to read as follows: Sec. 134-2. Definitions and rules of construction. Outdoor promotional events means events sponsored and managed by a property owner where the event is to be held in the C-TS, C-WA or C-PC Zoning District for the purpose of a providing a public event or promoting business on said private property. Such event shall be limited in scope and size by special exception approval by the Town Council and the criteria as set forth in Sec. 134-2115 of the Code of Ordinances. Sign, property identification yard means a detached and freestanding identification sign for a Commercial zoned property supported on a monument, pillar or similar supporting structure. Section 2. Article VI, DISTRICT REGULATIONS, Section 134-1109, Special exception uses, is hereby amended to read as follows: Sec. 134-1109. - 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-TS town-serving commercial district are as follows: (1)... (21) Outdoor promotional events. See Sec. 134-2115 for additional conditions and criteria. Section 3. Article VI,DISTRICT REGULATIONS,Section 134-1159, Special exception uses, is hereby amended to read as follows: Sec. 134-1159. - 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-WA Worth Avenue district are as follows: (1)... (10) Reserved Outdoor promotional events. See Sec. 134-2115 for additional conditions and criteria. Ordinance No. 30-2017 Page 2 of 5 Section 4. 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: (1) ... (16) Outdoor promotional events. See Sec. 134-2115 for additional conditions and criteria. Section 5. Article VIII., SUPPLEMENTAL DISTRICT REGULATIONS, Division 18. Outdoor promotional events, Section 134-2115 is hereby created to read as follows: Sec. 134-2115. —Requirements for outdoor promotional events. Outdoor promotional events shall only be allowed in the C-TS, C-WA and C-PC Zoning Disticts by special exception approval. It shall be unlawful for any person to have an outdoor promotional activity without approval by the Town Council of a special exception application and a Declaration of Use Agreement which identifies any conditions of approval and remedies for violation of those conditions as provided under sections 134-226 through 134-230 of the Code. Said events are subject to the additional requirements set forth below: (1) A special exception application for outdoor promotional events shall only be allowed to be filed by the property owner where outdoor promotional events are to be held. (2) The property owner shall be responsible for sponsoring and managing any outdoor promotional event on a property. (3) The number of outdoor promotional events per year shall be determined by the Town Council and provided in the required Declaration of Use Agreement. (4) The hours and days in which outdoor promotional events may occur shall be determined by the Town Council and provided in the Declaration of Use Agreement. (5) Amplified music or sound shall only be allowed if said event is held two hundred feet or more from any residential use. Such event shall meet the Town's noise regulations as provided in Sec. 42-196 through 42-229 of the Code. (6) There shall be no outdoor sales of alcoholic beverages other than the sales related to Town approved outdoor seating for the licensed businesses on the property. (7) Any approval of a special exception to allow outdoor promotional events shall be Ordinance No. 30-2017 Page 3 of 5 required to be reviewed by the town council one year following approval and recordation of the Declaration of Use Agreement. Said approval may be amended or revoked by the town council at that time should it be determined that said use has a negative impact on surrounding properties. (8) Approval of outdoor promotional events may be revoked or modified by the town council at any time should it be determined that said use has a negative impact on surrounding properties. Section 6. Article VI, DISTRICT REGULATIONS, Section 134-1259, Special exception uses, is hereby amended to read as follows: Sec. 134-2437. - Building identification,and business identification and property identification signs. (1) ... (5) In the C-TS, C-WA, C-B and C-OPI zoning districts, property identification yard signs are permitted for a property provided that not more than one yard sign is permitted for each vehicular entrance into a property with street frontage. A property identification yard sign facing a street shall not exceed six square feet in area, 5 feet in height above lot grade, shall be located no further than 10 feet from a vehicular entrance onto a property and shall meet the safe site visibility requirements of the town. (6) In the C-PC zoning district, property identification yard signs are permitted provided that not more than two yard signs are permitted which would flank each vehicular entrance or exit to a property with street frontage. A property identification yard sign facing a street shall not exceed six square feet in area, 6 feet in height above lot grade and shall be located no further than 10 feet from a vehicular entrance onto a property. (7) Business,. identification signs and building identification signs and property yard identification signs shall require Aarchitectural review Ceommission and or Llandmarks Ppreservation Ceommission approval (if whichever is applicable). Section 7. 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. Ordinance No. 30-2017 Page 4 of 5 Section 8. 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 9. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Palm Beach. Section 10. 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 13th day of December, 2017, and for second and final reading on this 10th day of January, 2018. if • Al 4414i, 44.4 fes. L. ConigFo, ayor / Richard Kleid, Town Council President /////P OA_� Danielle H. Moore, Council Presid- • 'ro Tern Bo i indsay, Town ?ouncil Me ber Margar-A. Zeid/itch- ATTEST: Town Council Member \jS, \‘ \44 ,01-14.10A) 10 CA / Kathleen Dominguez, Town Cl r c �'' Ju•ie Araskog, Town Council Council Member Ordinance No. 30-2017 Page 5 of 5 • h 4`fk..rraarre�, 3 ei - • <�- - s9 'Is '. e ry:14, - f •