Ordinance 16-2019 Building & Building RegulationsORDINANCE NO. 16-2419
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PALM
BEACH, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN
CODE OF ORDINANCES AT CHAPTER 18, BUILDINGS AND BUILDING
REGULATIONS, ARTICLE V, COASTAL CONSTRUCTION CODE, AS
FOLLOWS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE
REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR
CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PALM
BEACH, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Chapter 18, Buildings and Building Regulations, Article V, is hereby amended
in the manner and form set forth herein:
ARTICLE V. - COASTAL CONSTRUCTION CODE
Sec. 18-276. - Purpose.
The purpose of the coastal construction code is to provide o4W~m-standards for the design and
construction of buildings and structures to reduce the harmful effects of hurricanes and other
severe storms occurring along the coastal area of the town that fronts on the Atlantic Ocean.
These sem-requirements are intended to specifically address design features that affect the
structural stability of the beach, dunes and topography of adjacent properties. The coastal
construction code is site specific to the coastal building zone and is not applicable to other
locations.
Sec. 18-2-842 77. - Requirements.
(a) Location of construction. Construction, except.for elevated walkways, lifeguard support
stands, piers, beach access ramps, gazebos, and coastal or shore protection structures, shall
be located a sufficient distance landward of the beach to permit natural shoreline fluctuations,
and to preserve dune stability. Construction, including excavation, may occur to the extent
that the natural storm buffering and protection capability of the dune is not diminished.
(b) Public access. Where the public has established an accessway through private lands to lands
seaward of mean high tide or water line prescription, prescriptive easement, or other legal
means, development or construction shall not interfere with such right of access unless a
comparable alternative accessway is provided. The property owner or developer shall have
the right to improve, consolidate, or relocate such public accessways so long as they are:
(1) Of substantially similar quality and convenience to the public;
(2) Approved by the local government and approved by the
HeFlorida Department of Environmental Protection DEP
) whenever
improvements are involved seaward of the coastal construction control line; and
(3) Consistent with the coastal management element of the local comprehensive plan
adopted pursuant to F.S. § 163.3178.
Secs. 18-254278-18-300. -Reserved.
Section 2. Severability. If any provision of this Ordinance or the application therof 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 3. Repeal of Ordinances in Conflict. All other ordinances of the Town of Palm
Beach, Florida, or parts therof, which conflict with this or any part of this Ordinance are
hereby repealed.
Section 4. Codification. This Ordinance shall be codified and made a part of the official
Code of Ordinances of the Town of Palm Beach, Florida.
Section 5. Effective Date. This Ordinance shall take effect immediately upon its passage
and approval, as provided by law.
PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the Town
of Palm Beach, Florida, on the First Reading this day of (Y QM - , 2019; and for the
Second and Final Reading on this I -d-- day of , 2019. d
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i L. Coniglio, Mayor Danielle H. Moore, Town Council President
= Margaret A. Zei n, Council President Pro Tem
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Ju ie Aras Cou e
AT 1. Lewis S. on, Town Co cil Member
' Kathleen Dominguez, Town Clerk 0 Bobbie Lindsay, Town ounc' Member