Ordinance 10-2012 Zoning ORDINANCE NO. 10-2012
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: SEC. 134-2, DEFINITIONS AND RULES OF
CONSTRUCTION, BY MODIFYING THE DEFINITION OF DECLARATION OF USE
WHICH MAY INCLUDE REMEDIES FOR VIOLATION OF LIMITATIONS, CONDITIONS
OF APPROVAL OR THE CODE OF ORDINANCES AND SUBMISSION OF ANNUAL
CERTIFICATES OF COMPLIANCE; SEC. 134-261, TOWN COUNCIL ACTIONS;
SUBMISSION TO PLANNING AND ZONING COMMISSION FOR RECOMMENDATIONS
AND REPORT; HEARINGS, BY REPLACING THE TERM BUILDING OFFICIAL WITH
DIRECTOR OF PLANNING, ZONING AND BUILDING DEPARTMENT OR DESIGNEE;
SEC. 134-887, PERMITTED USES, IN THE R-B ZONING DISTRICT TO PROVIDE FOR
OUTDOOR SEATING FOR THE PAR 3 GOLF COURSE CLUB HOUSE; SEC. 134-1159,
SPECIAL EXCEPTION USES, BY CHANGING THE SPECIAL EXCEPTION
REQUIREMENT IN THE C-WA ZONING DISTRICT FOR RETAIL AND SERVICE
ACTIVITIES NOT SPECIFICALLY CITED AS PERMITTED USES FROM A GROSS
LEASABLE AREA OF 2,000 SQUARE FEET TO 4,000 SQUARE FEET; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT;
PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH,
PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
WHEREAS, after a public hearing pursuant to notice as required by law, the Town's Local
Planning Agency has recommended that the Town Council amend Chapter 134, Zoning, of the Code of
Ordinances, as herein set forth;
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 I, IN GENERAL, Section 134-2, Definitions and rules of
construction, at subsection(b) to read as follows:
Sec. 134-2. Definitions and rules of construction.
(a)...
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Ord.No. 10-2012
(b) Definitions. The following words,terms and phrases, when used in this chapter, shall have
the meaning ascribed to them in this section, except where the context clearly indicates a
different meaning:
Declaration of use means a town agreement signed under oath and recorded against the title of
land in order to provide notice that the use of the land or structure is subject to certain limitations
and/or conditions of approval,which unless otherwise determined by the town council, shall
include provisions for remedies for violation of said limitations, conditions of approval and/or
the code of ordinances and that the use will remain in compliance with the limitations in the code
of ordinances and conditions of approval by the submittal of a certificate of compliance each
year.
Section 2. Amend ARTICLE II, ADMINISTRATION*, Section 134-261, Permitted uses, at
subsection(2) to read as follows:
Sec. 134-261. - Town council actions; submission to planning and zoning commission
for recommendations and report; hearings.
(a) The town council may from time to time on its own motion or on petition, signed by the fee simple
property owner of the property involved or authorized designee, agent or representative of the owner by
power of attorney filed with the director of the planning, zoning and building department or designee,
amend, supplement,change,modify or repeal the regulations,restrictions or district boundaries
established in this chapter.
(b) Any proposed amendment, supplement, change, modification or repeal shall first be
submitted to the director of planning, zoning and building or his designee, who shall submit it to
the planning and zoning commission for its recommendations and report. Upon the filing of the
recommendations and report by the planning and zoning commission, the town council shall
proceed to hold a public hearing in relation thereto, giving at least 15 days' notice of the time and
place of such hearing in a newspaper having a general circulation in the town, and by posting the
notice on the official bulletin board of the town hall.
(c) If an adverse report is given by the planning and zoning commission or if a protest against
such proposed amendment,supplement, change, modification or repeal shall be presented in
writing to the town clerk, duly signed and acknowledged by the owners of 20 percent or more,
either of the area of the lots included in such proposed change or of those immediately adjacent
in the area thereof extending 500 feet therefrom, such amendment shall not become effective
except by the favorable vote of three-fifths of all the members of the town council. In the event
of a tie vote, the mayor shall cast the deciding vote, which shall constitute the three fifth's
requirement of the town council stated herein.
(d) The planning and zoning commission shall hear applications to rezone property and/or to
amend, supplement, change, modify or repeal any article, division or section of this chapter
within 60 days of the application being deemed complete by the director of the planning, zoning
and building department or designee. Any proposed amendment to change property from one
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Ord.No. 10-2012
zoning district to another zoning district shall require the favorable vote of at least four members
of the town council. A public hearing on the application shall then be held by the town council
after public notice of the hearing is given in accordance with law.
Section 3. Amend ARTICLE VI, DISTRICT REGULATIONS, Section 134-887, Permitted
uses, at subsection (2) to read as follows:
Sec. 134-887. Permitted Uses.
The permitted uses in the R-B low density residential district are as follows:
(1) Single-family dwellings.
(2) Municipally owned and operated parks and recreations areas including the town's
docks and par 3 golf course,tennis facilities and customarily associated accessory
uses. The club house restaurant and associated outdoor seating at the Town's par 3
golf course is a customary accessory use.
(3) Essential services.
Section 4. Amend ARTICLE VI, DISTRICT REGULATIONS, Section 134-1159, Special
exception uses, at subsection (2) to read as follows:
Sec. 134-1159. 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-WA district are as follows:
(1)...
(8) Retail and service activities, cited under permitted uses in section 134-1157, which
contain greater than 4,000 square feet GLA.
Section 5. 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
it
severable.
Section 6. 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.
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Ord.No. 10-2012
Section 7. Effective Date.
This Ordinance shall take effect 31 days subsequent to its passage on second and final reading.
PASSED AND ADOPTED in regular, adjourned session assembled on first reading this Iii day of
A 'v , 2012, and second and final reading on this I 1 day of km f2012.
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_ /3 i ail L. Coniglio, Ma r David A. Rosow, Town Council President
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Robert N. ildrick, Council President Pro Tem
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William J. I iamond, Town Council Member
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' i 1 I . ,; Richard M. Kleid, Town Council Member
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Michael J. Pucillo, Town Council Member
ATTEST:
Susan A. Owens, Town Clerk
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Ord.No. 10-2012