Ordinance 04-2011 Zoning ORDINANCE NO. 4-2011
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PALM
BEACH, PALM BEACH COUNTY FLORIDA, AMENDING CHAPTER 134,
ZONING, AT SECTIONS 134-419 AND 134-420 BY AMENDING THE
PROVISIONS TO CLARIFY THE REGULATIONS FOR RAISING A
NONCONFORMING BUILDING TO MEET THE MINIMUM FLOOD
ELEVATION REQUIREMENTS AND ALLOW A NONCONFORMING
BUILDING OR STRUCTURE TO BE REBUILT WITHIN A DEFINED TIME
LIMIT IF UNINTENTIONALLY DAMAGED OR DESTROYED BY ACT OF
TERRORISM OR WAR, OR BY FIRE OR ACT OF GOD OR NATURE;
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 Staff Report, the Local Planning Agency and the Town
Council have determined that nonconforming buildings and structures should be allowed to be
rebuilt to the same size, location and density or intensity if damaged or destroyed by an act of
nature or fire;
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.
Section 1. Amend Article IV, NONCONFORMITIES, Sec. 134-419, Enlargement,
extension, reconstruction or alteration, to read as follows:
See. 134-419. Enlargement, extension, reconstruction or alteration.
No nonconforming building or structure shall be enlarged, extended, reconstructed or
structurally altered except, as provided for in Sec. 134-416, 134-417 and 134-418, or
when required to do so by law as follows:
(1) Voluntary demolition, restoration and reconstruction. A nonconforming building
and/or structure may be restored as before, enlarged, extended or partially
demolished and reconstructed provided that such demolition, restoration,
enlargement, extension or expansion does not exceed 50 percent of its existing
cubic footage and provided that the demolition, restoration, enlargement,
extension or reconstruction of the building and/or structure does not exceed the
floor area, gross leasable area and/or cubic footage which existed prior to the
demolition, restoration, enlargement, extension, or reconstruction.
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All demolition, restoration, enlargement, extension or reconstruction shall be
completed within the time schedule set forth in the construction schedule section
105.4.1.6 of the Florida Building Code as amended in section 18 -242. In the
event such demolition, restoration, enlargement, extension or reconstruction is not
completed within the time frame required by the Building code, construction shall
cease and shall not resume until the town council decides the remedy for
noncompliance, and review and approves a completion schedule.
(2) Alteration and repairs. Normal maintenance and repair and incidental alteration
of a nonconforming building or structure is permitted, provided it does not
increase the area, volume or size. A building used for single - family or multi-
family residential purposes may be altered in any way to improve interior
livability; provided, however, that no alterations shall be made which would
increase the number of dwelling units. Single- family dwellings may be added
onto or partially demolished in accordance with sections 134 -794, 134 -844, 134-
894, 134 -1005 and 134 -1060
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(3) Minimum flood elevation. A nonconforming building may be raised to meet the
minimum town flood elevation provided:
a. That the height as measured from the raised finished floor to the bottom of
the top chord of the roof framing member for a pitched roof and the
ceiling of a flat roof does not get any taller.
b. That the overall height as measured from the raised finished floor
elevation to the top of the roof for a pitched roof, and top of the ceiling
and parapet for a flat roof.
C. The building footprint within the required setbacks is no larger; and is no
closer to the property line than it was prior to being raised.
d. That any new additions meeting existing lot, yard and bulk regulations.
Section 2. Amend Article IV, NONCONFORMITIES, Sec. 134 -420, Destruction or
partial destruction, to read as follows:
Sec. 134 -420. Unintentional damage or destruction or partial destruction.
(a) Any nonconforming building or structure which is unintentionally damaged or
f terrorism or war or fire or other casualty, destroyed, such as by an act o t y, or act of God or
nature, can be reconstructed in its original location to its original size and configuration
provided that the property owner of said building or structure (i) commences with
reasonable promptness following such damage or destruction to obtain the necessary
permits and approvals for such reconstruction and thereafter continues with reasonable
diligence to obtain such permits and approvals and (ii) begins construction within five
years of said unintentional damage or destruction and provided further that for residential
use, the property does not exceed the existing density and for commercial use it does not
exceed the existing or allowed intensity and /or density by Code. In addition, if said
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building or structure did not meet the town's minimum flood elevation requirements, the
rebuilt building or structure shall be raised to meet said requirements if required by law.
(b) If a nonconforming building or structure is located partially or entirely east of the
coastal construction control line, said building or structure may be rebuilt in its original
location to its original location, size and configuration, density and/or intensity provided
it meets all state and federal requirements for a buildings and /or structures located east of
the coastal construction control line.
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Section 3. Severability. j
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.
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Section 4. 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 5. 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 6. 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.
i L. Coniglio, Mayor David A. Rosow, Town Council President
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R Bert N. ildric ouncil Pr ent o Tern
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Wi liam mond, Town Council Mem
Richard M. Kleid, Town Council Member
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Michael V. Pucillo, T wn Council Member
ATTEST:
Susan A. Owens, Town Clerk
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