Ordinance 03-2012 Zoning i
ORDINANCE NO. 3-2012
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
PALM BEACH, PALM BEACH COUNTY FLORIDA, AMENDING
CHAPTER 134, ZONING, AT SECTION 134-2 TO ELIMINATE THE
FRONT SETBACK REQUIREMENT FOR PRINCIPAL BUILDINGS
EAST OR PARTIALLY EAST OF THE COASTAL
CONSTRUCTION CONTROL LINE AND ELIMINATE THE
AVERAGE FRONT SETBACK, REAR SETBACK AND HEIGHT
FOR PRINCIPAL BUILDING WEST OF NORTH OR SOUTH
OCEAN BOULEVARD; SECTION 134-38 TO CREATE A FILING
AND RENEWAL FEE FOR ADMINISTRATIVE APPROVAL OF
OUTSIDE SEATING. SECTIONS 134-893 AND 134-948 TO
ELIMINATE THE PERIMETER LANDSCAPE REQUIREMENTS
FOR LOTS IN THE R-B AND R-C ZONING DISTRICTS WHICH
ARE 20,000 SQUARE FEET OR MORE IN AREA; SECTIONS 134-
1109, 134-1158. 134-1259 AND 134-1304 TO CHANGE THE TERM
OCCUPATIONAL LICENSE TO BUSINESS TAX RECEIPT;
SECTION 134-2172 TO PROHIBIT STROBE OR FLASH LIGHTING
AND/OR NEON LIGHTING WHICH DRAWS ATTENTION TO A
TENANT SPACE, BUILDING OR STRUCTURE; 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 public hearings pursuant to notices 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, shall be amended as hereinafter set forth.
Section 1. Amend ARTICLE I, IN GENERAL, Section 134-2, Definitions and rules of
construction, at subsection (b)to read as follows:
Building, height of, (applicable to lots or portions of lots east of the State of Florida
Coastal Construction Control Line (CCCL)) means the vertical distance from the point of
measurement for height to the bottom of the top chord of the roof framing member where it
intersects the plane of the outside face of the exterior wall for pitched roofs (excluding
dormer windows in non-habitable space). For flat roofs the measurement is from the point
of measurement for height to the point where the ceiling meets the exterior wall. The point
of measurement for height in all zoning districts for buildings either east or partially east of
the CCCL shall either be the minimum bottom of grade beam elevation as established by
Ordinance No. 3-2012 Page 1 of 5
the Florida Building Code plus two feet or the highest first floor elevation of an abutting
principal building provided the following conditions are met:
(1) The proposed principal building can be no closer to the bulkhead line than the average
setback of the closest principal buildings on the north and south side of the subject lot,
provided the required rear setback is met;
(2)The proposed building can be no taller than five feet above the average height of the
principal buildings on the north and south side of the subject property provided the overall
height does not exceed the maximum overall height allowed.
(3) Conditions 1 and 2 above do not apply to a proposed principal building east or partially
east of the CCCL which is west of North and South Ocean Boulevard.
For the purpose of constructing additions that do not exceed 800 square feet onto an
existing structure on a lot, the point of measurement for height shall be the top of the
lowest floor slab on the existing structure provided that said addition(s) meet the minimum
requirements as established in the Florida Building Code for construction east or partially
east of the CCCL.
Section 2. Amend Article II. ADMINISTRATION, Section 134-38 by adding (17) and (18) to
read as follows:
Sec. 134-38 Filing fees for rezoning, special exception use, variance, appeal or other
matter requiring public hearing.
(17) Application for administrative outdoor seating.... 150.00
(18) Administrative outdoor seating renewal fee.... 50.00
Amend ARTICLE IV, DISTRICT REGULATIONS, Section 134-893, Lot, yard and area
requirements-Generally, at subsection(a) (12)to read as follows:
(12) Landscape open space.
a. The minimum landscaped open space is 45 percent, of which 50 percent of
that percentage is required to be perimeter landscaping within ten feet of
the property line. The perimeter landscaped open space requirement shall
not apply to lots 20,000 square feet or more in area.
b. Additionally, not less than 40 percent of the required front yard must be
landscaped open space in the R-B district.
Section 3. Amend ARTICLE IV, DISTRICT REGULATIONS, Section 134-948, Lot,
yard and area requirements-Generally, at subsection(a) (11)to read as follows:
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(11) Landscaped open space.
a. For single-family uses, the minimum landscaped open space is 45 percent,
of which 50 percent of that percentage is required to be perimeter
landscaping within ten feet of the property line. The perimeter landscaped
open space requirement shall not apply to lots 20,000 square feet or more
in area.
b. For two-family uses the minimum landscape open space is 40 percent.
c. For townhouses,the minimum landscaped open space is 35 percent.
d. For multi-family uses,the minimum landscaped open space is 35 percent.
e. Additionally, not less than 40 percent of the required front yard must be
landscaped open space for single-family and two-family homes in the R-C
district and not less than 35 percent must be landscaped open space for all
other type of development.
Section 4. Amend ARTICLE IV, DISTRICT REGULATIONS, Section 134-1109,
Special exception uses, at subsection(b) to read as follows:
(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 business tax receipt. This subsection shall not apply to renewal of an existing business tax
receipt.
Section 5. Amend ARTICLE IV, DISTRICT REGULATIONS, Section 134-1158,
Special exception uses, at subsection(b)to read as follows:
(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 granted a
new business tax receipt. This subsection shall not apply to renewal of an existing business tax
receipt.
Section 6. Amend ARTICLE IV, DISTRICT REGULATIONS, Section 134-1259,
Special exception uses, at subsection(b)to read as follows:
(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
Ordinance No. 3-2012 Page 3 of 5
new business tax receipt. This subsection shall not apply to renewal of an existing business tax
receipt.
Section 7. Amend ARTICLE IV, DISTRICT REGULATIONS, Section 134-1304,
Special exception uses, at subsection(b)to read as follows:
(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 business tax receipt. This subsection shall not apply to renewal of an existing business tax
receipt.
Section 8. Amend ARTICLE XI, SIGNS, Section 134-2372, General regulations related
to permitted signs as subsection (9)to read as follows:
(9) Strip lighting of any nature, including neon tubing, fluorescent lights, or other similar
strip lighting devices, shall not be used to outline any building, fence, wall or any other structure.
In addition, strobe or flash lighting and/or neon lighting which draws attention to a tenant space,
building or structure is not permitted. Any lighted or illuminated sign shall not be permitted or
erected until such illuminated sign has been approved as a special exception use in conformity
with sections 14-227 through 134-233, except that this shall not apply to low-level illuminated
sign, less than 30 inches in height, indicating only the street number and location of entrance and
exist drives of a parking area.
Section 9. 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 10. 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 11. 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 12. Effective Date.
This Ordinance shall take effect 31 days subsequent to its passage on second and final readin .
PASSED AND ADOPTED in regular, adjourned session assembled on first reading this 14t day
of March, 2012, and second and final reading on this 11th day of April, 2012.
V.
it omglio, Mayora David A. Ro ow, Town Council President
R ert ic , until President Pro m
William J. Ifiamond, Town Council Member
Rich�ar` M.9Kleid Town Council Member
Michae Pucillo; To Council Member
i
ATTEST:
`Susan A.bwens*MC, Town Clerk
I
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