Ordinance 02-2011 Zoning ORDINANCE NO. 2 -2011
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PALM
BEACH, PALM BEACH COUNTY FLORIDA, AMENDING CHAPTER 134,
ZONING, AT SECTION 134 -2 BY AMENDING THE DEFINITION OF
TOWN- SERVING BY INCREASING THE SQUARE FOOT THRESHOLD IN
CERTAIN COMMERCIAL ZONING DISTRICTS; SECTION 134 -229 BY
EXEMPTING HOTEL, MOTEL AND TIMESHARE USES AND THE C -OPI
ZONING DISTRICT FROM THE TOWN - SERVING REQUIREMENTS;
SECTIONS 134 -1107, 134 -1109, 134 -1157, 134 -1259, 134 -1302 AND 134 - 1304
BY INCREASING THE TOWN - SERVING SQUARE FOOT THRESHOLD
AND CHANGING THE TERM OCCUPATIONAL LICENSE TO BUSINESS
TAX RECEIPT IN THE C -TS, C -WA AND C -B ZONING DISTRICTS;
SECTION 134 -1259 BY CHANGING THE TERM OCCUPATIONAL
LICENSE TO BUSINESS TAX RECEIPT IN THE C -PC ZONING DISTRICT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION;
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH,
PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
WHEREAS, after considering the data in the Report from LaRue Planning and
Management Services, Inc., the Local Planning Agency and the Town Council have determined
that there should be a change in the Town - serving threshold in different commercial zoning
districts;
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 require that the aforesaid Chapter 134,
Zoning, of the Code of Ordinances, be amended as hereinafter set forth.
S ection 1. Amend ARTICLE I, IN GENERAL, Section 134 -2, Definitions and rules of
construction, to read rules of construction, to read as follows:
Sec. 134 -2. Definitions and rules of construction.
Townpersons means all full -time and seasonal residents as well as visitors staying at
accommodations and employees working in establishments located within the town.
Town - serving means establishments principally oriented to serving the needs of
townpersons which would not substantially rely upon the patronage of persons not defined
as townpersons. Town - serving establishments, by definition, would typically contain
Ordinance No. 2 -2011 Page 1 of 7
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4,000 or less square feet of interior gross leasable area (GLA) in the C -WA district, 3,000
or less square feet of interior GLA in the C -TS and C -B districts and 2,000 or less square
feet interior GLA in the C -PC district. Establishment would also not engage in advertising
designed to attract other than townpersons.
Section 2. Amend Article II, ADMINISTRATION, Sec. 134 -229. Requirements for
granting, to read as follows:
Sec. 134 -229. Requirements for granting.
The requirements of granting a special exception use under this chapter are as follows:
(12) In all districts except the C -OPI district, and also with the exception of hotel, motel
and timeshare uses, the proposed special exception use will not attract the principal
portion of its customers /clients from off - island locations. The applicant shall submit
evidence satisfactory to the town council that not less than 50 percent of the customers of
the proposed use will be town persons. Evidence submitted in support of this contention
shall include credible data or information suitable for review by the town to determine the
credibility and the appropriateness of the applicant's conclusion. The submittal shall
include a description of the types of information used and the methodology employed to
arrive at the conclusion. Information used shall include, but shall not be limited to, lists of
customer /client addresses or certification thereof by an independent certified public
accountant approved by the town, market studies prepared by independent professional
firms, or data from similar operations under the control of the applicant. The town may in
the future require the applicant to demonstrate to the satisfaction of the town council that
the special exception use is continuing to be town - serving.
Section 3. Amend Article VI, DISTRICT REGULATIONS, Commercial Town - serving
district, Sec. 134 -1107, Permitted uses, at subsection (a) and (b) to read as follows:
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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) Antiques.
(2) Apparel and accessories.
b. Regulation of existing nonconforming commercial uses. Any existing uses contained
on the list of permitted uses shown in subsection (a) of this section which contain more
than 3,000 square feet of gross leasable area (GLA) shall be classified as existing
nonconforming uses under article VI of this chapter pertaining to nonconforming uses.
Ordinance No. 2 -11 Page 2 of 7
However, all future changes of use shall be limited to those uses listed as permitted uses
on the list contained in this section with a maximum gross leasable area of 3,000 square
feet, and if a change of use is contemplated from one general commercial category (retail
and services; office, professional and business services; or banks and financial
institutions) to another, wherein the new use will involve a gross leasable area exceeding
3,000 square feet, the contemplated new use shall be subject to prior approval of a special
exception application by the town council before the change is made (refer to section 134-
227 through 134 -233 pertaining to special exception uses). In effect, this will allow any
existing use over 3,000 square feet, in a district with a 3,000 square footage limitation, to
continue operating at its existing scale or to change to another use within the same general
commercial category without town council approval. For example, if a ladies apparel
store of 8,000 square feet exists in the C -TS district and the owner wishes to change to an
antique store of the same size or subdivide into two 4,000- square -foot offices, the owner
would need to apply for and obtain approval of a special exception from the town council.
No existing commercial use which is subject to the 3,000 square feet maximum gross
leasable area (GLA) regulation may occupy additional space within 1,500 feet of the
existing businesses, which distance shall be measured along the public sidewalk, if such
new space to be occupied will increase the total gross leasable area (GLA) to more than
3,000 square feet.
Section 4. Amend Article VI, DISTRICT REGULATIONS, Commercial Town - serving
district, Sec. 134 -1109, Special exception uses, at subsection (a)(11) and subsection (b) 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 district area as follows:
(11) Any commercial establishment with greater than 3,000 square feet of gross leasable
area, provided the town council has found as a fact, that the proposed use is town serving.
(b) An owner or tenant of a property, located within the C-TS district, which property has
received approval of a special exception after March 31, 1980, shall be required to obtain
approval by the town council under the provisions of section 134 -229 prior to being
granted a new occupational license. This subsection shall not apply to renewal of an
existing business tax receipt.
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Section 5. Amend Article VI, DISTRICT REGULATIONS, Commercial Worth Avenue
district, Sec. 134 -1157, Permitted uses, at subsection (a) and (b) to read as follows:
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Sec. 134 -1157 Permitted uses.
(a) Enumeration; fnaxiinuin gross leasable area.
The permitted uses in the C -WA Worth Avenue commercial district, with a maximum of
4,000 square feet gross leasable area (GLA), are as follows:
(b). Regulation of existing nonconforming commercial uses. Any existing uses contained
on the list of permitted uses shown in subsection (a) of this section which contain more
than 4,000 square feet of gross leasable area (GLA) shall be classified as existing
nonconforming uses under article VI of this chapter pertaining to nonconforming uses.
However, all future changes of use shall be limited to those uses listed as permitted uses
on the list contained in this section with a maximum gross leasable area of 4,000 square
feet, and if a change of use is contemplated from one general commercial category (retail
and services; office, professional and business services; or banks and financial
institutions) to another, wherein the new use will involve a gross leasable area exceeding
4,000 square feet, the contemplated new use shall be subject to prior approval of a special
exception application by the town council before the change is made (refer to section 134-
227 through 134 -233 pertaining to special exception uses). In effect, this will allow any
existing use over 4,000 square feet, in a district with a 4,000 square footage limitation, to
continue operating at its existing scale or to change to another use within the same general
commercial category without town council approval. For example, if a ladies apparel
store of 10,000 square feet exists in the C -WA districts and the owner wishes to change to
an antique store of the same size of subdivide into two 5,000 square -foot offices, the
owner would need to apply for and obtain approval of a special exception from the town
council. No existing commercial use which is subject to the 4,000 square feet maximum
gross leasable area (GLA) regulation may occupy additional space within 1,500 feet of the
existing businesses, which distance shall be measured along the public sidewalk, if such
new space to be occupied will increase the total gross leasable area (GLA) to more than
4,000 square feet.
Section 6. Amend Article VI, DISTRICT REGULATIONS, Commercial Worth Avenue
district, Sec. 134 -1159, Special exception uses, (a)(11) and (b) to read as follows:
Sec. 134 -1159. Special exception uses.
(a) The special exception uses require a site plan and review as p rovided in article III of
this chapter. The special exception uses in the C -WA Worth Avenue district area as
follows:
(11) Any commercial establishment with greater than 4,000 square feet of gross leasable
area, provided the town council has found as a fact, that the proposed use is town serving.
(b) An owner or tenant of a property, located within the C -WA district, which property has
received approval of a special exception after March 31, 1980, shall be required to obtain
approval by the town council under the provisions of section 134 -229 prior to being
Ordinance No. 2-11 Page 4 of 7
granted a new occupational license. This subsection shall not apply to renewal of an
existing business tax receipt.
Section 7. Amend Article VI, DISTRICT REGULATIONS, C -PC Planned Center
district, Sec. 134 -1259, Special exception uses, at subsection (b), to read as follows:
Sec. 134 -1259. Special exception uses.
(b) An owner or tenant of a property, located within the C -PC district, which property has
received approval of a special exception after March 31, 1980, shall be required to obtain
approval by the town council under the provisions of section 134 -229 prior to being
granted a new occupational license. This subsection shall not apply to renewal of an
existing business tax receipt,
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Section 8. Amend Article VI, DISTRICT REGULATIONS, C -B Commercial district,
Sec. 134 -1302, Permitted uses, at subsection (c) and (d), to read as follows:
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Sec. 134 -1302. Permitted uses.
(c) There is a maximum gross leasable area. There is a maximum of 3,000 square feet
of gross leasable area (GLA) j
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(d) Regulation of existing nonconforming commercial uses. Any existing uses
contained on the list of permitted uses shown in subsection (a) of this section which
contain more than 3,000 square feet of gross leasable area (GLA) shall be classified as
existing nonconforming uses under article VI of this chapter pertaining to nonconforming
uses. However, all future changes of use shall be limited to those uses listed as permitted f
uses on the list contained in this section with a maximum gross leasable area of 3,000
square feet, and if a change of use is contemplated from one general commercial category j
(retail and services; office, professional and business services; or banks and financial
institutions) to another, wherein the new use will involve a gross leasable area exceeding
3,000 square feet, the contemplated new use shall be subject to prior approval of a special
exception application by the town council before the change is made (refer to section 134-
227 through 134 -233 pertaining to special exception uses). In effect, this will allow any
existing use over 3,000 square feet, in a district with a 3,000 square footage limitation, to
continue operating at its existing scale or to change to another use within the same general
commercial category without town council approval. For example, if a ladies apparel
store of 8,000 square feet exists in C -B district and the owner wishes to change to an
antique store of the same size or subdivide into two 4,000 - square -foot offices, the owner
would need to apply for and obtain approval of a special exception from the town council.
No existing commercial use which is subject to the 3,000 square feet maximum gross
leasable area (GLA) regulation may occupy additional space within 1,500 feet of the
Ordinance No. 2 -11 Page 5 of 7
existing businesses, which distance shall be measured along the public sidewalk, if such
new space to be occupied will increase the total gross leasable area (GLA) to more than
3,000 square feet.
Section 9. Amend Article VI, DISTRICT REGULATIONS, C -B Commercial district,
Sec. 134 -1304, Special exception uses, at subsection (a)(8) and subsection (b) 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 area as follows:
(8) Any commercial establishment with greater than 3,000 square feet of gross
leasable area, provided the town council has found as a fact, that the proposed use
is town serving.
(b) An owner or tenant of a property, located within the C -B district, which property has
received approval of a special exception after March 31, 1980, shall be required to obtain
approval by the town council under the provisions of section 134 -229 prior to being
granted a new occupational license. This subsection shall not apply to renewal of an
existing business tax receipt.
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Section 10. 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 11. 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 12. 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 13. Effective Date.
This Ordinance shall take effect 31 days subsequent to its passage on second and final reading.
PASSED ON FIRST READING in a regular, adjourned session of the Town Council on
the 13` day of April 2011.
PASSED AND ADOPTED in a regular, adjourned session of the Town Council on the
13` day of July 2011.
/ 4. 0,VIAL"l) - �7111"e /2W
i L. Conig io, Mayor D vid A. Rosow, Town Council President
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Ailli ri 'Cou it Preside t ro Tern i
mond, Town Council Member
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Rich. r M. Kleid, Town Council Member
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Michael Pucillo, T n Council Member
ATTEST:
Susan A. Owens, own Clerk
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