Ordinance 02-2019 Zoning ORDINANCE NO. 2-2019
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
ADDING A DEFINITION OF PUBLIC STRUCTURE; MODIFYING THE
DEFINITION OF ESSENTIAL SERVICES TO INCLUDE TOWN-OWNED
MUNICIPAL BUILDINGS AND STRUCTURES, AND MODIFYING THE
DEFINITION OF LOT TO EXCLUDE TOWN-OWNED OR TOWN-LEASED
PROPERTY; AT ARTICLE IV, NONCONFORMITIES, SECTION 134-416,
CONTINUATION; DEFINITION; INTENT, TO EXEMPT TOWN-OWNED
MUNICIPAL BUILDINGS AND STRUCURES WHICH ARE AT LEAST FIFTY (50)
YEARS OLD FROM ARTICLE IV, NONCONFORMITIES, DIVISION 3, BUILDINGS
AND STRUCTURES; AT ARTICLE VI, DISTRICT REGULATIONS, SECTIONS 134-
790. 134-840, 134-890, 144-945, 134-1000, 134-1055, 134-1109, 134-1159, 134-1209, 134-
1259, 134-1304 AND 134-1354 TO ADD ESSENTIAL SERVICES RELATED TO
TOWN-OWNED MUNICIPAL BUILDINGS AND STRUCTURES IN ALL ZONING
DISTRICTS AS A SPECIAL EXCEPTION USE AND RENUMBERING THE SPECIAL
EXCEPTION USES IN THOSE SECTIONS; ARTICLE VIII, SUPPLEMENTARY
DISTRICT REGULATION, SECTION 134-1697, STRUCTURES OVER LAKE WORK
BY ADDING "BUILDINGS" INTO THE TITLE AND TO ALLOW "ESSENTIAL
SERVICES RELATED TO TOWN-OWNED BUILDINGS AND STRUCTURES" OVER
LAKE WORK; 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. 2-2019 Page 1 of 9
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) Definitions The following words, temis and phrases, when used in this chapter, shall have
the meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
(a) Rules of construction. For the purpose of this chapter, the regulations are structured so as to
be strictly permissive. As such, only those uses and structures which are specifically permitted
in the Code of Ordinances are allowed. If there is no specific language in the Code which
addresses a use or a structure, then said use or structure is not permitted.
The term "used for" shall include the term "designed for", the term "structure" shall include the
term "building", the term "lot" shall include the terms "plot" or "tract", and the term "shall" is
mandatory and not permissive.
In the interpretation or application of any provision of this chapter, it shall be held to be the
minimum requirement adopted for the promotion of the public health, safety, comfort,
convenience and general welfare. Where any provision imposes greater restrictions upon the
subject matter than the general provision imposed by the Code, the provision imposing the
greater restriction or regulations shall be controlling.
(b) Definitions. The following words, terms and phrases, when used in this chapter, shall have
the meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Essential services means public utility facilities related to water supply, telephone, cable
television, gas and electrical distribution systems,-and town-owned town-operated services
such as sanitary sewer, stormwater drainage and solid waste collection and disposal systems,
and Town-owned municipal buildings and structures, including any necessary appurtenant
structures serving the town, but not including buildings housing employees.
Lot means a parcel of land,vacant or occupied. For the purpose of this chapter, the word "lot"
shall be taken to mean any number of contiguous lots of record or unplatted parcels of land or
portions thereof not separated by a street or public way, upon which one or more principal
structures for a single use arc erected or are to be erected. When the lot is situated immediately
adjacent to the ocean front, for the purpose of this chapter, the east lot line shall be the town's
bulkhead line as provided in chapter 62 of this Code or the mean high water line, whichever is
most westerly. When the lot is situated immediately adjacent to the waters of Lake Worth,the
Ordinance No. 2-2019 Page 2 of 9
west lot line shall be the existing bulkhead wall or mean high water line, whichever is most
easterly. The exception to this definition is that Town-owned or Town-leased property is
exempt from this definition. The following is an illustration of this definition:
Structure, Public means anything constructed, placed or erected on land, submerged land or
over water by a Federal, State, County, City of West Palm Beach and City of Lake Worth
governmental entities, the use of which requires permanent or temporary location on the land,
submerged land or over water, or attachment to something having a permanent or temporary
location on or over the land, submerged land, or water.
Section 2. Article IV. NONCONFORMITIES, DIVISION 3 BUILDINGS AND
STRUCTURES, Section 134-416, Continuation; definition; intent, is hereby amended to read as
follows:
DIVISION 3. - BUILDINGS AND STRUCTURES
Sec. 134-416. - Continuation; definition; intent.
(a) A building or structure, lawfully in existence at the effective date of the ordinance from
which this chapter is derived, which shall be made nonconforming at the passage of this
chapter or any applicable amendment thereto, may be continued except as otherwise
provided in this article.
(b) A building or structure is, for the purposes of this chapter, nonconforming if the
building or structure or any physical characteristics thereof is not in full compliance
with all regulations of the zoning district in which it is situated.
(c) The intent of this division is to exempt Town-owned municipal buildings and structures
which are at least fifty(50) years old from Article IV,NONCONFORMITIES,
Division 3, Buildings and Structures.
(d) It is further the intent that, by the provisions of this chapter or by amendments that may
be adopted, there may exist buildings or structures which were lawful before this
chapter was adopted or amended, but which would be prohibited, regulated or restricted
under the teinis of this chapter or future amendments thereto. It is the intent of this
chapter to permit these nonconforming buildings and structures to exist until they are
voluntarily removed, removed by abandonment, or otherwise removed as required by
this chapter, but not to encourage their survival. Such (d) It is further the intent of this
chapter that nonconforming buildings and structures are allowed to be enlarged,
expanded or extended, provided that said enlargement, expansion or extension meets all
of the lot yard and bulk regulations for the zoning district in which the building or
structure is located and provided that said enlargement, expansion or extension is not
used as grounds for adding other buildings or structures prohibited elsewhere, in the
same district.
Ordinance No. 2-2019 Page 3 of 9
Section 3. Article VI, DISTRICT REGULATIONS, Section 134-790, Special exception uses,
is hereby amended to add a special exception use and renumber special exception uses uses to read as
follows:
Sec. 134-790. Special exception uses.
The special exception uses require a site plan mid review as provided in article III of this chapter. The
special exception uses in the R-AA large estate residential district are as follows:
(1) Planned unit development (see article V of this chapter for standards).
(2) Public structures west of Lake Trail.
.(3) Essential services related to Town-owned municipal buildings and structures.
(34) Beach houses intended for the use of family and guests.
(45) Municipally owned and operated parks and recreation areas.
(6) Reserved Private, social, swimming, golf, tennis and yacht clubs, and houses of worship in
existence prior to January 1, 1996...
Section 4. Article VI, DISTRICT REGULATIONS, Section 134-840, Special exception uses,
is hereby amended to add a special exception use and renumber special exception uses read as follows:
Sec. 134-840. Special exception uses.
The special exception uses require a site plan and review as provided in article III of this
chapter. The special exception uses in the R-A estate residential district are as follows:
(1) Planned unit development (see article V of this chapter for standards).
(2) Public structure.
(3) Essential services related to Town-owned municipal buildings and structures.
(31) Beach houses intended for the use of family and guests
(45) Municipally owned and operated parks and recreation areas.
(6) Reserved. Private, social, swimming, golf, tennis and yacht clubs, and houses of
worship in existence prior to January 1, 1996
Section 5. Article VI, DISTRICT REGULATIONS, Section 134-890, Special exception uses, is
hereby amended to add a special exception use and renumber special exception uses to read as
follows:
Sec. 134-890. Special exception uses.
The special exception uses require a site plan and review as provided in article III of this chapter. The
special exception uses in the R-B low density residential district are as follows:
(1) Planned unit development, PUD(1) (see article V of this chapter for standards).
(2) Public structures west of Lake Trail.
(3) Essential services related to Town-owned municipal buildings and structures.
(4415) Municipally owned and operated parks and recreation centers areas.
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Section 6. Article VI, DISTRICT REGULATIONS, Section 134-945, Special
exception uses, is hereby amended to add a special exception use and renumber special
exception uses to read as follows:
Sec. 134-945. Special exception uses.
The special exception uses require a site plan and review as provided in article III of this chapter. The
special exception uses in the R-C medium density residential district are as follows:
(1) Planned unit development, PUD-2, PUD-3.
(2) Public structures/uses.
(3) Essential services related to Town-owned municipal buildings and structures.
• • •
(4415) Municipally owned and operated parks and recreation areas.
Section 7. Article VI, DISTRICT REGULATIONS, Section 134-1000, Special exception
uses, is hereby amended to add a special exception use and renumber special exception uses to read as
follows:
Sec. 134-1000. Special exception uses.
The special exception uses require a site plan ad review as provided in article III of this
chapter. The special exception uses in the R-D(]) moderate density residential district are as
follows:
(1) Planned unit development, PUD-2, PUD-3.
(2) Public structures/uses.
(3) Essential services related to Town-owned municipal buildings and structures.
(1112) Municipally owned and operated parks and recreation areas.
Section 8. Article VI, DISTRICT REGULATIONS, Section 134-1055, Special
exception uses, is hereby amended to add a special exception use and renumber special
exception uses to read as follows:
Sec. 134-1055. - Special exception uses.
The special exception uses require a site plan efifl review as provided in article III of this
chapter. The special exception uses in the R-D(2) high density residential district are as
follows:
(1) Planned unit development, PUD-2, PUD-3.
(2) Public structures/uses.
(3) Essential services related to Town-owned municipal buildings and structures.
(1718) Municipally owned and operated parks and recreation areas.
Ordinance No. 2-2019 Page 5 of 9
Section 9. Article VI, DISTRICT REGULATIONS, Section 134-1109, Special exception
uses, is hereby amended to add a special exception use and to renumber special exception uses 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) Public or private parking lots or storage garages.
(2) Auto rental lots.
(3) Residential tenancy above the first floor.
(4) Private social, swimming, golf, tennis and yacht clubs.
(5) Service stations.
(6) Public structures/uses.
(7) Essential services related to Town-owned municipal buildings and structures.
(2122) Outdoor promotional events. See section 134-2115 for additional conditions and
criteria.
Section 10. Article VI, DISTRICT REGULATIONS, Section 134-1159, Special
exception uses, is hereby amended to add a special exception use and to renumber special
exception uses 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) Pay parking.
(2) Public or private parking or storage garages.
(3) Private social, swimming, tennis or yacht clubs.
(4) Public structures/uses.
(5) Essential services related to Town-owned municipal buildings and structures.
(1314) Outdoor seating in conjunction with permitted restaurants where administrative
approval is not being requested. See section 134-1161 for additional conditions.
• • • .
Section 11. Article VI, DISTRICT REGULATIONS, Section 134-1209, Special exception
uses, is hereby amended to add a special exception use and to renumber special exception uses to read
as follows:
Sec. 134-1209. - Special exception uses.
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-OPI office, professional and institutional district are as follows:
Ordinance No. 2-2019 Page 6 of 9
(1) Public or private parking lot or storage garages.
(2) Auto rental lot.
(3) Public structures/uses.
(4) Essential services related to Town-owned municipal buildings and structures.
(5) Reserved. Supplemental parking.
(6) Restaurants, excluding formula restaurants as defined in section 134-2.
Section 12. Article VI, DISTRICT REGULATIONS, Section 134-1259, Special
exception uses, is hereby amended to add a special exception use and to renumber special
exception uses 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) Public or private parking or storage garages.
(2) Private, social, swimming, tennis and yacht clubs.
(3) Public structures/uses.
(4) Essential services related to Town-owned municipal buildings and structures.
(4-617) Outdoor promotional events. See section 134-2115 for additional conditions and
criteria.
Section 13. Article VI, DISTRICT REGULATIONS, Section 134-1304, Special exception
uses, is hereby amended to add a special exception use and to renumber special exception uses to read
as follows:
Sec. 134-1304. - 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-B commercial district are as follows:
(1) Public or private parking lots or storage garages.
(12) Essential services related to Town-owned municipal buildings and structures.
Section 14. Article VI, DISTRICT REGULATIONS, Section 134-1354, Special
exception uses, is hereby amended to read as follows:
Sec. 134-1354. Special exception uses.
The special exception uses require a site plan 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.
Ordinance No. 2-2019 Page 7 of 9
(2) All Essential services, excluding wireless telecommunication towers and
distribution electrical substations
Section 15. Article VIII, SUPPLEMENTARY DISTRICT REGULATIONS, Section
134-1697, Structures over Lake Work, is hereby amended to read as follows:
Sec. 134-1697. Buildings and Sstructures over Lake Worth.
With the exception of essential services related to Town-owned municipal buildings and
structures,No buildings or structures shall be erected or constructed west of the established
bulkhead or bulkhead line or over the water of Lake Worth except docks, which shall meet the
requirements in article III, section 62-75, construction specifications. No cooking, sleeping, or
business activity shall be permitted or conducted on a dock except as associated with the town's
operation of its municipal docks.
Section 17. 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 18. 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 19. Codification.
This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of
Palm Beach.
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Section 20. 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 February, 2019, second reading and final adoption on this 19th
day of March, 2019.
,--
4Luq.
Gai - Coni4, MayorDanielle
H. Moore, Town Council President
,
Marg.o et A. Zei i an, Council 'resident Pro Tem
J 'e .,Tolvn 1 ouncil Member
Aiiiki I
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, ,,,v,;,,..e•-•' as ti?1
ATTEST: Lewis S.W. Cra, pton, Town Council Member
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Kathleen Dominguez, Town Cler/ 4 Bobbie Lindsay, Town Co cil Mem*-r
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