Ordinance 17-2019 ZoningORDINANCE NO. 17-2019
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 VI,
DISTRICT REGULATIONS, SECTIONS 134-791, 134-841, 134-891, 134-9469
ACCESSORY STRUCTURES, BY CLARIFYING THE TEN FOOT MINIMUM SIDE
AND REAR SETBACK REQUIREMENT FOR UNENCLOSED ACCESSORY
STRUCTURES; SECTIONS 134-1107 AND 134-1207, PERMITTED USES, AND 134-
1109 AND 134-1209, SPECIAL EXCEPTION USES, BY MAKING RESIDENTIAL USE
ABOVE THE FIRST FLOOR A PERMITTED USE RATHER THAN SPECIAL
EXCEPTION USE IN THE C -TS AND C-OPI COMMERCIAL ZONING DISTRICTS;
SECTION 134-1157, PERMITTED USES, BY CLARIFYING THAT RESIDENTIAL
USE ABOVE THE FIRST FLOOR IN THE C -WA COMMERCIAL ZONING
DISTRICT IS A PERMITTED USE; SECTIONS 134-1109, 134-1159, 134-1209 AND
134-1304, SPECIAL EXCEPTION USES, IN THE C -TS, C -WA, C-OPI AND C -B
COMMERCIAL ZONING DISTRICTS, BY ELIMINATING BROAD LANGUAGE
WHICH ALLOWS BY SPECIAL EXCEPTION EITHER ANY RETAIL AND
SERVICE ACTIVITY OR COMMERCIAL USE OVER THE MAXIMUM TOWN -
SERVING THRESHOLD PROVIDED SAID USE DEMONSTRATES THAT IT IS
TOWN -SERVING AND REPLACING WITH LANGUAGE ALLOWING PERMITTED
USES OR USES NOT SPECIFICALLY ENUMERATED AS A PERMITTED USE
PROVIDED SAID USES DEMONSTRATE THEY WILL HAVE TRAFFIC,
PATRONAGE AND INTENSITY OF USE CHARACTERISTICS SIMILAR TO
PERMITTED USES IN THOSE COMMERCIAL ZONING DISTRICTS; CREATING
NEW SECTIONS 134-1472 AND 134-1473, PERMITTED AND SPECIAL EXCEPTION
USES AND STRUCTURES IN THE B -A, BEACH AREA ZONING DISTRICT, AND
RENUMBERING EXISTING SECTIONS OF THE CODE TO FOLLOW; AT
ARTICLE VIII, SUPPLEMENTARY DISTRICT REGULATIONS, CREATING
SECTION 134-1519 WHICH PROHIBITS THE DOCKING, PARKING AND
STORAGE STATIONS FOR SHARED BICYCLES AND SHARED DOCKLESS
BICYCLES IN THE TOWN; AT ARTICLE XI, SIGNS, SECTION 134-2437,
BUILDING IDENTIFICATION, BUSINESS IDENTIFICATION AND PROPERTY
IDENTIFICATION SIGNS, AND 134-2438, SIZE OF SIGN, BY MODIFYING
EXISTING LANGUAGE TO PROVIDE CLEARER BUSINESS IDENTIFICATION
SIGN REGULATION LANGUAGE AND BY ALLOWING BUSINESS
IDENTIFICATION SIGNAGE BASED ON BUSINESS FRONTAGE AND NOT FIRST
FLOOR TENANT FRONTAGE; 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
Ordinance No. 17-2019 Page 1 of 10
WHEREAS, after public hearing pursuant to notice required by law, the Town Council
considered the Planning and Zoning Commission's recommendations 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:
Section 1. Article VI. DISTRICT REGULATIONS, Section 134-791, Accessory
structures, is hereby amended to read as follows:
Sec. 134-791. Accessory structures.
(a) Accessory structures in R AA district. Accessory structures in the R -AA large estate
residential district shall comply in all respects with the lot, yard and bulk requirements of this
chapter applicable to the principal structure unless stated otherwise.
(b) Unattached accessory structures in R AA district. Accessory structures without kitchen
facilities may be erected in accordance with the following requirements:
(1) ...
(3) Unenclosed accessory structures shall comply with all open yard requirements
contained in this chapter for the principal structure, except that one-story
unenclosed accessory structures that do not exceed 15 feet in overall height fflay
be leeated .,4; i shall have a minimum ten foot feet of a side ander rear yard
setback Vie, with the exception of garden walls and fences, which are
regulated by division 5 of article VIII of this chapter.
Section 2. Article VI. DISTRICT REGULATIONS, Section 134-841, Accessory structures, is
hereby amended to read as follows:
Sec. 134-841. Accessory structures.
(a) Accessory structures in R A district. Accessory structures in the R -A estate residential
district shall comply in all respects with the lot, yard and bulk requirements of this chapter
applicable to the principal structure unless stated otherwise.
(b) Unattached accessory structures in R A district. Accessory structures without kitchen
facilities may be erected in accordance with the following requirements:
Ordinance No. 17-2019 Page 2 of 10
(3) Unenclosed accessory structures shall comply with all open yard requirements
contained in this chapter for the principal structure, except that one-story
unenclosed accessory structures that do not exceed 15 feet in overall height
may be leeated wi shall have a minimum ten foot feet of a side and of rear
yArd setback lot -line—, with the exception of garden walls and fences, which are
regulated by division 5 of article VIII of this chapter.
Section 3. Article VI. DISTRICT REGULATIONS, Section 134-891, Accessory
structures, is hereby amended to read as follows:
Sec. 134-891. Accessory structures.
(a) Accessory structures in R -B district. Accessory structures in the R -B low density
residential district shall comply in all respects with the lot, yard and bulk requirements of this
chapter applicable to the principal structure unless stated otherwise.
(b) Unattached accessory structures in R -B district. Accessory structures without kitchen
facilities may be erected in accordance with the following requirements:
(3) Unenclosed accessory structures shall comply with all open yard requirements
contained in this chapter for the principal structure, except that one-story
unenclosed accessory structures that do not exceed 15 feet in overall height muy
be leea4ea ..,:+ ia shall have a minimum ten foot feet of side ander rear
setback lime; with the exception of garden walls and fences, which are regulated
by Division 5 of article VIII of this chapter
(4) For corner or through lots the street side yard or rear street yard setback shall be
the same for unenclosed and enclosed accessory structures as for the principal
structure, with the exception of a one-story Rarage in a street side vard based on
section 134-1576 of this cha tep r and garden walls and fences, which are
regulated by division 5 of article VIII of this chapter.
Section 4. Article VI. DISTRICT REGULATIONS, Section 134-946, Accessory structures, is
hereby amended to read as follows:
Sec. 134-946. Accessory structures.
(a) Accessory structures in R -C district. Accessory structures in the R -C medium density
residential district shall comply in all respects with the lot, yard and bulk requirements of this
chapter applicable to the principal structure unless stated otherwise.
Ordinance No. 17-2019 Page 3 of 10
(b) Unattached accessory structures in R -C district. Accessory structures without kitchen
facilities may be erected in accordance with the following requirements:
(1) The lot size includes all lots, the maximum story height is two stories, and
the maximum building height is 25 feet.
(3) Unenclosed accessory structures shall comply with all open yard requirements
contained in this chapter for the principal structure, except that one-story
unenclosed accessory structures that do not exceed 15 feet in overall height
be 1,,ea4ea .,,ithi shall have a minimum ten foot feet eta side ander rear
setback lie, with the exception of garden walls and fences, which are
regulated by division 5 of article VIII of this chapter.
Section 5. Article VI. DISTRICT REGULATIONS, Section 134-1107, Permitted uses. is
hereby amended to read as follows:
Sec. 134-1107. Permitted uses.
(a) Enumeration; maximum gross leasable area. The permitted uses in the C -TS town -serving
commercial district, with a maximum of 3,000 square feet gross leasable area (GLA), are as follows:
(1) Retail and service establishments, such as restaurants, excluding formula restaurants as
defined in section 134-2 and bars/lounges, hardware stores, food stores, clothing stores,
drugstores, barbershops beauty salons and jewelry stores.
(9) Residence(s) above the first floor.
Section 6. Article VI. DISTRICT REGULATIONS, Section 134-1109, Special
exception uses, is hereby amended to eliminate subsection (3) and renumbering and modifying
subsection (10) to read as follows:
Sec. 134-1109. Special exception uses.
(a) The special exception uses require a site plan anid review as provided in article III of this
chapter. The special exception uses in the C -TS town -serving commercial district are as
follows:
(4-.10) Any 1 + bl I „+ A4th eater- +tie it . tef +t,, 3,000 SEIttafe
that the Proposed use is tev"% sent g.
Ordinance No. 17-2019 Page 4 of 10
Permitted uses, or uses not specifically enumerated under permitted uses in
section 134-1107 but having traffic patronage and intensity of use
characteristics similar to those uses cited therein which are Greater than 3,000
square feet gross leasable area.
Section 7. Article VI. DISTRICT REGULATIONS, Section 134-1157, Permitted uses, is
hereby amended to read as follows:
Sec. 134-1157. Permitted uses.
(a) Enumeration; maximum gross leasable area. The permitted uses in the C -WA
Worth Avenue commercial district, with a maximum of 4,000 square feet of
gross leasable area (GLA), are as follows:
(1) Antiques.
(30) Residence(s) above the first floor.
011 Combinations of the uses in subsections (a)(1) through (28) of this
section.
Section 8. 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 o. -A review as provided in article III of this
chapter. The special exception uses in the C -WA Worth Avenue district are as follows:
(I),,,
(8) Re4ai and sei=viee ,,e fiv;+;o�, Permitted uses cited under permitted uses in section
134-1157 which contain greater than 4,000 square feet GLA gross leasable area.
(9) Uses not specifically enumerated under permitted uses in section 134-1157 but
having traffic, patronage and intensity of use characteristics similar to those uses
cited therein.
(10) Outdoor promotional events. See section 134-2115 for additional conditions and
criteria.
(11) Aqy eeffH:ner-eia4 establislHnen4 with greater- than 4,000 squaf-e feet of gr-ess
use is town serving.
011) Roof deck automobile parking.
Ordinance No. 17-2019 Page 5 of 10
Section 9. Article VI. DISTRICT REGULATIONS, Section 134-1207, Permitted uses, is
hereby amended to read as follows:
Sec. 134-1207. Permitted uses.
The permitted uses in the C-OPI office, professional and institutional district are as follows:
(1) Offices and professional and business services and executive offices,
excluding veterinarian offices.
(6) Residence(s) above the first floor.
G1 Essential services.
Section 10. Article VI. DISTRICT REGULATIONS, Section 134-1209, Special exception
uses, is hereby amended to read as follows:
Sec. 134-1209. 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-OPI office, professional and institutional district are as follows:
(1) Public or private parking lot or storage garages.
\� 1Rest
.
Section 11. Article VI. DISTRICT REGULATIONS, Section 134-1304, Special
exception uses, is hereby amended 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:
Permitted uses, or uses not specifically enumerated under permitted uses in
section 134-1302 but having trafficpatronage and intensity of use
characteristics similar to those uses cited therein which are greater than 3,000
square feet gross leasable area.
Ordinance No. 17-2019 Page 6 of 10
(8) Any
rem + b t + with gY ea4e . than 3,000
feet f
Z gross
use is
tevv% sei=vmg.
Permitted uses, or uses not specifically enumerated under permitted uses in
section 134-1302 but having trafficpatronage and intensity of use
characteristics similar to those uses cited therein which are greater than 3,000
square feet gross leasable area.
Ordinance No. 17-2019 Page 6 of 10
Section 12. Article VI. DISTRICT REGULATIONS, Division 15, Beach Area*, is hereby
amended adding a new Sections 134-1472 and 134-1473 and renumbering existing Sections 134-1472
through 134-1479 in sequential order to read as follows:
See. 134-1472. Permitted uses and structures.
The permitted uses and structures in the Beach Area district are as follows:
(1) Swimming pools and associated appurtenances associated with a permitted use within
1,500 feet.
Q) Beach chairs and umbrellas.
(3) Seawalls, dune cross overs and stairs.
(4) Special events as defined in Sec 106-256 and approved by the town
Sec. 134-1473. Special exception uses and structures.
(a) The special exception uses and structures require a site plan review as provided in article III of this
_chapter. The special exception uses in the B -A, Beach Area district are as follows:
(1) One beach house structure.
(2) Beach concessions related to an abutting hotel use and only for the use of hotelug ests
visitors or those persons associated with the hotel including the sale of sunblock and
lotions,• food and drink service; kayak canoe paddle board surfboard and similar non -
motorized watercraft rentals.
(3) Public structures.
(4) Essential services.
Section 13. Article VIII, SUPPLEMENTARY DISTRICT REGULATIONS, creating Section
134-1518, Shared mobility bicycles, to read as follows:
Sec. 134-1519. Shared mobility bicycles.
The following regulations shall apply to all zoning districts in the Town
(1) Docking and parking of shared bicycles_ and storage stations for shared bicvcles and
dockless bicycles is prohibited in the Town.
Section 14. Article XI, SIGNS, Section 134-2437, Building identification, business
identification and property identification signs, is hereby amended to read as follows:
Sec. 134-2437. Building identification, business identification and property identification
signs.
(1) Building identification: One building identification sign (which must have the word
"building" in it) may be placed on the front of each wall of a building which fronts onto a
street, provided the building identification sign is installed flat against such wall and does not
exceed 20 square feet in area.
Ordinance No. 17-2019 Page 7 of 10
(2) Individual business identification: All Individual business identification signs for a
building We allowed for- ee gr-awid d--b-tisiness shall be based on the lineal building
€reg frontage measurement on a street or via (See Section 134-2438 below). Each such sign
on a building shall not exceed 20 square feet in area and shall be installed flat against the street
of a +, s4e side wall, + rear- wall of a building or in a ground floor
window or door. In addition, if a ground floor licensed business's parking and main entrance is
on the back or side of a building not fronting a street, said business shall be allowed one
business identification sign installed flat again on the face of the building's wall where the
business is located. No business •a +'r 4 >, 11 o Beed 15 feet >, 14 1, 11 +
a b a
be -situated above the first fleer-eeng-ethe building,whiehevef islewef. Signs shall be
located on only the first floor and shall not go above 15 feet in height or the ceiling height of
the first floor of a building, whichever is lower.
(3) Business directory sign for building with at the entrance to a via or arcade: Business
directory signs shall be allowed for buildings whiek eeftt it ab located at the entrance to a
via. One business directory sign facing each direction of an entrance to a via is permitted-
such business air-eete f sign ehall not to exceed a maximum of six square feet in area and to be
mounted on the wall. Business listings on a business directory sign shall be allowed only one
line of lettering of a maximum height of 1.75 inches with no logo and in the same font as the
other business listings on the same sign. The height of the letters identifying the via and its
address shall not exceed 3 inches an may be in a different font from that of the business
identification listings. In -addition,,-eaehbusiness v4thin a business difeeter-N, sien shall be
however-, let4efing on the busiiiess direetefy sign idefttifying the via and its address shall net
said sign. Stieh sign shaR be flat wall faeu,4ed-.
In addition, one business directory sign identifying the upper floor businesses is permitted on a
multi -story building on the interior of a via where the stairs to the upper floor(s) in the building
open onto the via. This
sign shall not exceed four square feet in area and shall meet the same lettering requirements as
the business directory sign requirements for the entrances to a via. The business directory sign
shall only identify the names of the businesses in the via. The business directory sign may also
include the name of the via and the via address. The busitiess difeetel=y sign sha4l be fW 11
(4) Individual business identification signs within a via: A licensed business on the first floor
within a via shall be allowed one hanging business identification sign within the via and
perpendicular to the building. The hanging sign within a via shall be mounted on the wall of the
building fronting the via and shall contain only the name of the business. A hanging business
identification sign shall not be above the first floor of the building it is attached to, shall have a
minimum of eight feet of clearance, and shall be calculated as part of the maximum business
identification sign area allowed. In addifien said hanging business iden4ifieafien signs shall
.amu.., only the name
of the btisiness,
Ordinance No. 17-2019 Page 8 of 10
(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, five feet in height above lot grade, shaU
be located no further than ten 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
no:�-more than two yard signs are pet:.,;++e ., -hie>1 -. ei flank each vehicular entrance or exit
to a property with street frontage. A property identification yard sign facing a street shall not
exceed-si* 6 square feet in area, 4* 6 feet in height above lot grade and shall be located no
further than ten 10 feet from a vehicular entrance onto a property.
(7) Business, building and property yard identification signs shall require Architectural
Commission or Landmarks Preservation Commission approval (whichever is applicable).
Section 15. Article XI, SIGNS, Section 134-2438, Size of sign, is hereby amended to
read as follows:
Sec. 134-2438. Size of sign.
The maximum gross surface area of all business identification signs on a building shall not
exceed 20 square feet of area for every 18 feet of lineal feet of building street or via frontage
and shall meet the following schedule:
Street Frontage of Building First Woof Tenafft raximurn Gross Surface
ramie and Rear Ground Floor Tenant Parking for Business Ident-
�eund�oor- In vi"al Btisifiess Sign n Signs (in square
ess than 18 lineal feet of business fronta e 110
18 lineal feet and over of business frontage 0
Note: This permitted maximum gross surface sign areafllgg� 9f
gr -et nd fl, f tenant pqf4iiag lfen4, pfld f2f individualbusiness i +'f ti may be
in the form of one sign or composed of a group of smaller signs that advertise any licensed
individual business within a the building, provided their aggregate area does not exceed that
area contained in the schedule. The gross surface area of any signs on a building shall not,
however, exceed 20 square feet. In addition, any hanging sign, as allowed in section 134-2437,
shall not exceed two square feet in area.
Section 16, 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. 17-2019 Page 9 of 10
invalid provisions or applications, and to this end the provisions of this Ordinance are hereby declared
severable.
Section 17. 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 18.—Codification.
This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of
Palm Beach.
Section 19, 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 15'h day of May, 2019, second reading and final adoption on this 12th day
of June, 2019.
FFI I L. • • • /YAM i C W_�_
Danielle H. Moore, Town Council President
Mar ret A. Zetdkan, Council President Pro Tem
J
ATTEST: Lewis S.W. pton%
lc= *
iathlaeeAnDo�minnguiez, Town Clerko Bobbie Lindsay, Town
Ordinance No. 17-2019 Page 10 of 10
ber
own Council Member
I