Ordinance 11-2018 Zoning ORDINANCE NO. 11-2018
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
MODIFYING BUILDING, HEIGHT OF (APPLICABLE ONLY IN THE R-B
DISTRICTS) TO CORRECT THE DEFINITION'S INTENT AND BUILDING
HEIGHT OF, CORNER LOT TO CORRECT A SCRIVENERS ERROR WHICH
INADVERTANTLY ELIMINATED LANGUAGE IN THE DEFINITION RELATED
TO THE DEFINITION'S APPLICABILITY TO THE R-B ZONING DISTRICT;
ARTICLE II, ADMINISTRATION, SECTION 134-172, HEARING PROCEDURE,
SECTION 134-328, REVIEW BY DIRECTOR OF PLANNING, ZONING AND
BUILDING OR HIS/HER DESIGNEE AND SECTION 134-330. ACTION BY TOWN
COUNCIL; DEVIATIONS; TIME LIMIT FOR BEGINNING WORK, TO INCREASE
THE NOTICE REQUIREMENTS FOR SPECIAL EXCEPTIONS, VARIANCES AND
SITE PLAN REVIEWS THAT ARE AN INTENSIFICATION OF USE OR FOR OFF-
STREET PARKING VARIANCES; TO REQUIRE THE LEGAL NOTICES TO BE
MAILED BY THE APPLICANT; AND TO ALLOW 36 MONTHS TO COMMENCE
WORK BY THE ISSUANCE OF A BUILDING PERMIT RELATED TO THE ZONING
APPLICATION; SECTION 134-532, PUBLIC HEARINGS, TO ADD A 300 FOOT
MAILING NOTICE AND LEGAL ADVERTISING REQUIREMENT FOR PUD
APPLICATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING
AN EFFECTIVE DATE
WHEREAS, after public hearings 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 Town Council
considered the Planning and Zoning Commission's Record and Report and all evidence and
testimony and as the Local Planning Agency 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. 11-2018 Page 1 of 7
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.
(a)...
(b) Defznitions The following words, terms and phrase, when used in this chapter, shall have
the meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Building, height of(applicable only in the R-B districts) means the vertical distance from 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. If the lot grade is raised more than 18 inches pursuant to section
134-898, the building height zero datum shall be from a point 18 inches above the highest
street elevation or the minimum flood elevation, whichever is �e�e� hi�her. 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, 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)" and the definition of the term "building, hei h�
(applicable onlv in 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 building.
Section 2. Article II, ADMINISTRATION, Section 134-172, Hearing procedure, is hereby
amended to read as follows:
Sec. 134-172. Hearing procedure.
(a) Applications for special exceptions or variances shall be accompanied by proper exhibits,
which shall be timely filed and shall include plans, documents and other materials to
adequately depict and support the request. At a minimum, all applications for a variance shall
include a plot plan identifying the following information: Location of structure(s), lot size,
setbacks, percent of lot coverage, percent landscaped open space (front yard and total lot), and
finished topographical elevations. In addition, if historic/specimen trees are located on the
subject property, a signed and sealed survey with all pertinent information including the
location of historic/specimen trees is required and a detailed written explanation of how said
trees shall be protected by barricading shall accompany said application. Upon receipt of the
application for a special exception or variance, the procedures in this section shall be
undertaken.
Ordinance No. 11-2018 Page 2 of 7
(b) The director of planning, zoning and building or designee shall examine all applications
requesting rezoning, special exception uses, dimensional variances or other matters requiring a
public hearing to determine if they meet the requirements of this chapter, and that the action or
approval requested is properly allowable by the town council under this chapter and if so shall
prepare a report setting forth his recommendations. If the director or designee determines the
application fails to meet the provisions of this chapter, he may schedule a pre-application
conference and request modifications as may be required to bring the application within the
provisions of this chapter.
(c) After completion of subsection (b), a copy of such application shall be mailed to the
owners of the property and the property immediately adjacent thereto and across the street
therefrom and to all property owners within 300 feet from any part of the subject property at
the address shown on the county property appraiser's tax records, together with a notice from
the director or designee advising the date, time and location of the hearing on such application
before the town council. If a variance is being requested that exceeds the maximum density or
the maximum off-street parking requirements allowed in the zoning district '����a �� *'��
, the notification
distance shall increase to 1,000 feet. A density variance is not allowed which is inconsistent
with the maximum densitv allowed in the Town's Comprehensive Plan.
If a special exception a�plication is bein�quested for a service station, restaurant, loun e�/bar,
ni�htclub, private social, swimmin�, tennis or yacht club; or anv other use deemed bv the
Director of Plannin�, Zonin� and Buildin� to be an intensification of use on a ,property, the
notification distance shall increase to 750 feet. For the purpose of this section of the Code,
intensification of use shall include, but not be limited to, increased tenant square foota�e,
increased seatin�, increased off-street parkin� demand, and increased hours of operation of a
special exception use. Such list of property owners, together with a notification map, shall be
provided by the applicant and shall be
certified by the applicant as being true and accurate. The a�plicant shall be required to mail the
a�plication to the�ropertv owners within the notification area within five davs of submittal of
the a�plication to the Town.
(d) The director or designee shall also cause to be published in a newspaper of general
circulation in Palm Beach or West Palm Beach a brief summary of such application and the
date of the hearing, directed "to all to whom it may concern"; such notice to be published on
two separate days not less than seven days apart, the first to be at least ten days before the
meeting of the town council to consider such application. The cost of such publication shall be
borne by the applicant.
(e) No application shall be heard less than ten days after the first publication of the notice and
15 days after the mailing to property owners directly affected as provided in this section, and
all applications will be heard at regular meetings of the town council unless otherwise ordered
by the town council in accordance with sections 134-141, 134-142, 134-201 and 134-226.
Ordinance No. 11-2018 Page 3 of 7
(fl An initial deferral requests received by the town more than seven days prior to scheduled
town council hearing date may be granted for one month only or the next succeeding regular
town council meeting, if that should occur on a different date. Any deferred action request
received seven days or less from the scheduled meeting date shall be made in person at the
town council meeting at the time the action item appears on the agenda. The applicant must
explain or justify the request, which the town council may approve or deny. A second request
for deferral shall be made in person at the town council meeting at the time the item appears on
the agenda. The applicant must explain or justify the request, which the town council may
approve or deny. A third request for deferral shall be denied unless the applicant can
demonstrate to the town council that a compelling reason exists. Any deferral which is required
due to a case being deferred by the architectural commission or landmark preservation
commission shall be an exception to the regulation above. In no case shall a deferral exceed six
months.
(g) An application request seeking substantially the same relief cannot be accepted for
consideration after it has been denied by the town council until after 12 months have elapsed
from the date of denial.
(h) The work or use authorized under an approved variance or special exception application
must be commenced within � 36 months from the date of the town council approval thereof,
and if not so commenced the special exception or variance shall be null and void.
Commencement shall be considered a�ert-�e� ,��am��'�--pr�e��ce�e�e�
�EkT�eEt{tr-a���.�o�r-���e-�t-�e , '�ke�ze��e�� „r+'�� �„'�~�.;��;,.., the
issuance of a building permit for the work related to the a�plication or a business tax recei�t if
no buildin�permit is required. „'���*��„ �� ����' „'� ��' �+ "� "�'' �
�, ,:i,a:,, o ,,..;+ ;�,.o oa �+ i.o oa ,;+t,;,, a ,.���.o ,a„+o � ..,v.,,,o...,v�, „«
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�;a � � �, � ��*;�� � � ��� c���� � . In addition, all authorized work under
the building permit for said approved special exception or variance must be completed within
the timeframe set forth in section 105.4.1.6. of the Florida Building Code as amended in
section 18-242 of this Code or said special exception or variance shall expire.
(i) A request for a time extension from any of the requirements in subsection (h) may be
granted or denied by the town council for just cause. Said time extension request shall be
submitted in writing to the planning, zoning and building department at least one month prior
to the expiration date or said special exception or variance approval shall expire.
Section 3. Article II, ADMINISTRATION, Section 134-328, Review by director of
planning, zoning and building or his/her designee; notice of hearing, is hereby amended to read
as follows:
Sec. 134-328. Review by director of planning, zoning and building or his/her designee;
notice of hearing.
(a) A copy of such application for site plan review shall be mailed to the owners of the property
and the property immediately adjacent thereto and across the street therefrom and to all owners
of all other property within 300 feet from any part of the subject property at their respective
Ordinance No. 11-2018 Page 4 of 7
addresses as shown on the county property appraiser's tax records, together with a notice from
the director of planning, zoning and building or designee advising of the date, time and location
of the hearing on such application before the town council. Such list of property owners,
together with a notification map, shall be provided by the applicant along with addressed and
properly stamped envelopes and shall be certified by the applicant as being true and accurate.
The a�plicant shall be required to mail the a�plication to the propertv owners within the
notification area within five days of submittal of the application to the Town. No application
shall be heard less than ten days after the first publication notice as provided in this section and
15 days after the mailing to property owners directly affected, and all applications will be heard
at regular meetings of the town council unless otherwise ordered by the town council.
(b) The director or designee shall also cause to be published in a newspaper of general
circulation in Palm Beach or West Palm Beach a brief summary of such application and the
date of the hearing, directed" to all to whom it may concern", such notice to be published on
two separate days not less than seven days apart, the first to at least ten days before the meeting
of the town council to consider such application. The cost of such publication shall be borne by
the applicant.
Section 4. Article II, ADMINISTRATION, Section 134-330. Action by town council;
deviations; time limit for beginning work, is hereby amended to read as follows:
Sec. 134-330. Action by town council; deviations; time limit for beginning work.
(a) After review and preparation of the findings, the town council shall approve, approve with
changes, or deny the application for site plan review and direct the director of planning zoning
and building or designee to approve or withhold approval of the building permit.
(b) An approval of a site plan review application by the town council shall include, as a part
thereof, all of the information and exhibits as required by this chapter. No subsequent deviation
or change may be made from this information and the exhibits as approved by the town council
in the implementation of the town council approval except upon new application to and
approval by the town council. The application shall include size, shape, style and location of
buildings, number of dwelling units, location of parking facilities, driveways, accessory uses
and buildings, landscaping concepts, and all other aspects of the proposed development
germane to the site plan review. Any deviation will result in a stay of work until resolved.
(c) An initial deferral request received by the town more than seven days prior to scheduled
town council hearing date may be granted for one month only or until the next succeeding
regular town council meeting, if that should occur on a different date. Any deferred action
request received seven days or less from the next scheduled meeting date shall be made in
person at the town council meeting at the time the action item appears on the agenda. The
applicant must explain or justify the request, which town council may approve or deny. A
second request for deferral shall be made in person at the town council meeting at the time the
item appears on the agenda. The applicant must explain or justify the request, which town
council may approve or deny. A third request received for deferral shall be denied unless the
applicant can demonstrate to the town council that a compelling reason exists. Any deferral
Ordinance No. 11-2018 Page 5 of 7
which is required due to a case being deferred by the architectural commission or landmark
preservation commission shall be an exception to the regulation above. In no case shall a
deferral exceed six months.
(d) The work authorized by town council approval of a site plan review must be commenced
within � 36 months after the date of town council approval thereof, and if not so commenced
town council approval shall thereupon become null and void. Commencement shall be
considered •*�, , ,a ' �': "'';+v"+„ "' "�` ", ""
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�t�, �������the issuance of a building permit far the work related to the application i€
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Section 5. Article II, ADMINISTRATION, Section 134-532. Public hearings, is hereby
amended to read as follows:
Sec. 134-532. Public hearings
(a) Upon submission of a complete planned unit development application, the planning and
zoning commission shall hear said application within 60 days of the application being deemed
complete by the director of the planning, zoning and building department or designee. A public
hearing on the planned unit development application shall then be held by the plannin� and
zoning commission and town council after public notice is given in accordance with law. A
co�v of the PUD a�lication shall be mailed to the owners of the property and the propertv
immediately adjacent thereto and across the street therefrom and to all propertv owners within
300 feet from anv part of the subject propertv at the address shown on the count�propertv
appraiser's tax records to�ether with a notice from the director or designee advisin� the date,
time and location of the hearin� on such application before the plannin� and zonin�
commission and town council. Such list of propertv owners, to�ether with a notification map,
shall be provided bv the a�plicant and shall be certified b t�he ap�licant as bein��true and
accurate The a�plicant shall be required to mail the application to the propertv owners within
notification area within five davs of submittal of the a�plication to the Town. No application
shall be heard less that ten days after the first�ublication notice as provided in this section and
15 days after the mailin�to property owners directly affected and all applications will be heard
at regular meetin�s of the town council unless otherwise ordered bv the town council.
(b) A transcript of the hearing shall be caused to be made by the town council, copies of which
shall be made available at cost to any party to the proceedings, and all exhibits accepted in
evidence shall be identified and duly preserved, or, if not accepted in evidence, shall be
properly identified and the reason for the exclusion clearly noted in the record. The planning
and zoning commission shall report on the proposed planned unit development not less than 15
days before the public hearing, and the report shall be available for public inspection during
reasonable hours.
Section 6• 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
Ordinance No. 11-2018 Page 6 of 7
invalid provisions or applications, and to this end the provisions of this Ordinance are hereby declared
severable.
I Section 7. 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 8. Codification.
This Ordinance shall be codified and made a part of the official Code of Ordinances of the To�vn of
Palm Beach.
Section 9. 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 Paim
Beach on first reading this 13`" day of June, 2018, second reading and final adoption on this 1 l`" day
of July, 20 l 8.
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�t�:�Cf.�c- �/ �f-�___
ai L. Coniglio, Mayor Danielle H. Moore, Town Council President
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��-��=-`` Margare A. Zeidm�n Counc' �resident Pro Tem
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` � .�ATTEST: Lewis S.W. Crampton, To cillbtember
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Kathleen Dominguez, Town Cler Bobb'e Lindsay, Town Cou il Membe
Ordinance No. 1 l-2018 Page 7 of 7