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CITY OF PALM BEACH GARDENS
CITY COUNCIL SPECIAL WORKSHOP MEETING
THURSDAY, MARCH 30, 2000
7:00 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL: Mayor Joseph R. Russo, Vice Mayor Eric Jablin, Councilperson
Lauren Furtado, Councilperson David Clark and Councilperson
Carl Sabatello
III. ANNOUNCEMENTS:
IV. ITEMS FOR DISCUSSION:
Workshop discussion of proposed land development regulations — Section 93, entitled
Permitted Uses, Conditional Uses and Prohibited Uses and Articles I — IV to be reviewed.
V. ADJOURNMENT
In accordance with the Americans with Disabilities Act and Florida Statute 86.26, persons with
disabilities needing special accommodations to participate in this proceeding should contact Human
Resources, no later that 5 days prior to the proceeding at telephone number (561) 799 -4200 for
assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955 -8771
(TDD) or (800) 955 -8700 (VOICE), for assistance. If a person decides to appeal any decision made
by the Council, with respect to any matter considered at such meeting or hearing, they will need a
record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of
the proceedings is made, which record includes the testimony and evidence upon which the appeal
is to be based.
City of Palm Beach Gardens
Council Agenda
March 30, 2000
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Mayor Russo
Vice Mayor Jablin
Council Member Clark
Council Member Furtado
Council Member Sabatello
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: March 30,.-2000
Date Prepared: March 17, 2000
Subject[Agenda Item:
Workshop meeting to discuss proposed land development regulations
Recommendation /Motion:
A motion is not required. Workshop is for discussion purposes only.
Reviewed by:
Originating Dept.:
Costs: $
Council Action:
Total
City Attorney
Pla g Division
( ] Approved
ACM
$
( ] Approved Wrco„diao.:
Other
Current FY
�
�34 � J � r o v
[ ] Denied
Funding Source:
( ] Continued to:
Advertised:
Date:
[ ] Operating
Attachments:
Paper:
[ ] Not Required
[ ] Other
Submitted by 03./7.00
�2 /�, /'
Growth Mgt Director
Affected parties
[ ] Notified
Budget Acct #:
[ ] None
Approved by:
City Manager
[ j Not required
BACKGROUND:
In April 1999, the City Council entered into a "Forbearance Agreement" with the owners and
prospective owners of land previously owned by the John D. and Catherine T. MacArthur
Foundation. The purpose of the agreement was to control the pace at which development
projects would be submitted for City review and approval. As part of the agreement, the City
was provided with funds to review and update its land development regulations. The
Forbearance Agreement requires the parties to the agreement to comply with the new land
development regulations that are adopted by the City. The City has engaged the consulting firm
of Duncan Associates for this project. Duncan Associates has prepared the proposed land
development regulations (copy attached) for review and consideration by the Planning and
Zoning Commission and the City Council.
The documents listed below are provided for the upcoming workshops and public hearings to
adopt new land development regulations. These documents should be brought to the workshop
meetings and to the two required public hearings regarding the proposed land development
regulations.
1. Proposed land development regulations dated March 5, 2000, as prepared by Duncan
Associates.
2. A City of Palm Beach Gardens Official Zoning Map.
It should be noted that the City's consultant and City staff are not proposing any property
rezonings in conjunction with the proposed land development regulations.
ANALYSIS:
The staff and the City's consultant, Duncan Associates, propose to review Section 93, Permitted
Uses, and Articles I -IV of the proposed land development regulations at the workshop meeting
on March 30, 2000.
PLANNING AND ZONING COMMISSION:
The Planning and Zoning Commission has conducted several workshop meetings regarding the
proposed land development regulations and is scheduled to complete the public hearing for this
project on March 28, 2000. The proposed regulations reflect the recommendations of the
Planning and Zoning Commission. Any additional recommendations from that board will be
reflected in the proposed regulations presented to the City Council.
RECOMMENDATION:
Staff recommends that the City Council review the proposed land development regulations at an
appropriate number of workshop meetings. When the workshop meetings are complete, staff
should be directed to advertise for the two required public hearings and adoption.
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2
Land Development Regulations
City of Palm Beach Gardens
duncan associates
March S, 2000
Sec. 25.
Site plan review . ... ...............................
33
Sec. 26.
Amendments to approved development orders. ..........
35
Sec. 27.
Miscellaneous review . ..............................
37
Sec, 28.
Land Development Regulation Text Amendments. ........
38
Sec. 29.
Conditional uses ...................................
38
Sec. 30.
Variance requests . .. ...............................
40
Sec. 31.
Public Notice . ..... ...............................
42
Sec. 32.
Reimbursement of Expenses Incurred by City .............
48
Sec. 33.
Effective period of development orders and enforcement of
conditions of approval ...............................
49
Sec. 34.
Scope ............ ...............................
55
Sec. 35.
Compliance with adopted levels of service . ..............
55
Sec. 36.
Action upon failure to show available capacity . ............
56
Sec. 37.
Burden of showing compliance ........................
56
Sec. 38.
Adopted levels of service . ...........................
57
Sec. 39.
Certificate Required . ...............................
60
Sec. 40.
Concurrency certificates . ............................
60
Sec. 41.
Development order applications not requiring concurrency
certification ........ ...............................
63
Sec. 42.
Applications for concurrency ..........................
63
Sec. 43.
Required application material . ........................
64
Sec. 44.
Sufficiency review . .. ...............................
67
Sec. 45.
Concurrency reservations ............................
67
Sec. 46.
Concurrency summary log . ..........................
68
Sec. 47.
Concurrency certificate decisions . .....................
68
Sec. 48.
Appeals process . ... ...............................
69
Division III. Citywide Impact Fees ........... ...............................
69
Sec. 49.
Applicability ........ ...............................
69
Sec. 50.
Fees . ............ ...............................
70
Sec. 51.
Independent calculations .............................
72
Sec. 52.
In -kind contributions . ...............................
73
Sec. 53.
Review ........... ...............................
74
Sec. 54.
Trust funds . ....... ...............................
74
Sec. 55.
Collection and administrative fees . .....................
75
Sec. 56.
Refund . .......... ...............................
76
Sec. 57.
Exemptions and credits ..............................
77
Sec. 58.
Appeals ........... ...............................
78
Sec. 59.
Liens and withholding of permits for nonpayment. .........
79
Sec. 60.
Violations and relief .. ...............................
79
Division IV. Building Permits and Certificates of Occupancy .......................
79
Sec. 61.
Compliance . ...... ...............................
79
Sec. 62.
Building permits . ... ...............................
79
City of Palm Beach Gardens/Land Development Regulations
Draft - 3/5/00 u
Sec. 63. Certificates of occupancy ............................. 79
Sec. 64. Occupational licenses . .............................. 80
Article IV. Zoning Districts .................... ............................... 80
Sec. 65.
Zoning districts established . ..........................
80
Sec. 66.
District and other regulations . ........................
82
Sec. 67.
RR 10/20 - Rural Residential District . ...................
82
Sec. 68.
RE - Residential Estate District .........................
82
Sec. 69.
RL- I - Residential Low Density District ..................
83
Sec. 70.
RL -2 - Residential Low Density Districts . ................
83
Sec. 71.
RL -3 - Residential Low Density Districts . ................
83
Sec. 72.
RM - Residential Medium Density District ................
84
Sec. 73.
RH - Residential High Density District ...................
84
Sec. 74.
RMH - Residential Mobile Home District . ...............
84
Sec. 75.
Residential Zoning District Regulations . .................
87
Sec. 76.
PA - Publiclinstitutional District . .......................
88
Sec. 77.
CONS - Conservation District . .......................
89
Sec. 78.
Civic and Institutional Zoning District Regulations. .........
89
Sec. 79.
PO - Professional and Office District . ...................
90
Sec. 80.
CN - Neighborhood Commercial District ................
90
Sec. 81.
CG- I - General Commercial District . ..................
90
Sec. 82.
CG -2 - Intensive Commercial District ...................
91
Sec. 83.
CR - Commercial Recreation District . ..................
91
Sec. 84.
M- I - Research and Light Industrial Park District. ..........
92
Sec. 85.
M- I A - Light Industrial District .........................
92
Sec. 86.
M -2 - Heavy Industrial District . .......................
93
Sec. 87.
Nonresidential Zoning District Regulations . ..............
93
Sec. 88.
PUD - Planned Unit Development Overlay District. .......
94
Sec. 89.
PCD - Planned Community Development Overlay District (PCW
Sec. 90.
PDA - Planned Development Area District . .............
105
Sec. 9 i .
Mixed Use Planned Unit Development Overlay District. ...
106
Sec. 92.
Waivers to planned development district requirements.....
114
Sec. 93.
Permitted uses, Conditional, and Prohibited Uses. ........
117
ARTICLE V. Supplementary District Regulations ..............................
174
Sec. 94.
Uses ........... ...............................
174
Sec. 95.
Illumination of uses and buildings . ....................
176
Sec. 96.
Lot Area ......... ...............................
179
Sec. 97.
Height of buildings . ...............................
179
Sec. 98.
Utility easements . . ...............................
179
Sec. 99.
Yards . .......... ...............................
180
Sec. 100.
Special events ..... ...............................
184
City of Palm Beach Gardens/Land Development Regulations
Draft - 3/5/00 ���
City of Palm Beach Gardens/Land Development Regulations
IV
Draft - 3/5/00
Sec.
10 1.
Garage, yard, and rummage sales . ....................
186
Sec.
102.
Fill material ....... ...............................
187
Sec.
103.
Brick pavers . ..... ...............................
187
Division 11.
PGA Boulevard Overlay Corridor . ...............................
187
Sec.
104.
PGA Boulevard corridor overlay ......................
187
Division III.
Parkway Overlay District ........ ...............................
200
Sec.
105.
Parkway overlay district .............................
200
Sec.
106.
Outdoor seating . .. ...............................
204
Division IV.
Natural
Resources and Environmentally Significant Lands ..............
207
Sec.
107.
Purpose and Intent . ...............................
207
Sec.
108.
Applicability ....... ...............................
207
Sec.
109.
Violations, Enforcement, and Penalties . ................
208
Sec.
110.
Penalties ......... ...............................
208
Sec.
111.
Appeals .......... ...............................
209
Sec.
1 12.
Designation of environmentally significant lands...........
209
Sec.
1 13.
Exemption for vested development rights ...............
210
Sec.
1 14.
Review procedures for proposed land alterations. ........
211
Sec.
1 15.
Approval criteria for proposed land alteration. ...........
214
Sec.
1 16.
Preserve area requirements . ........................
216
Sec.
117.
Management plan .. ...............................
220
Sec.
118.
Alternative forms of mitigation ........................
222
Sec.
1 19.
Removal of invasive nonnative plants and
vegetation relocation ...............................
224
Division V.
Public Places
................. ...............................
224
Subdivision I.
Art
in Public Places ..... ...............................
224
Sec.
120.
Definitions . ...... ...............................
224
Sec.
121.
Fee imposed on developments; requirements. ..........
226
Division VI.
Signs .......................
...............................
229
Sec.
122.
Intent and purpose . ...............................
229
Sec.
123.
Application. ...... ...............................
229
Sec.
124.
Nonconforming signs . .............................
229
Sec.
125.
Temporary signs . . ...............................
230
Sec.
126.
Addresses . ...... ...............................
231
Sec.
127.
Permits required, fees, and revocation . ................
231
Sec.
128.
Design requirements . .............................
232
Sec.
129.
Variances . ....... ...............................
232
Sec.
130.
Removal of abandoned signs .........................
232
Sec.
131.
Removal of unsafe signs . ...........................
232
Sec.
132.
Owner to be charged for cost of removal by city..........
233
Sec.
133.
Lien for costs of removal ............................
233
Sec.
134.
Obstructions ...... ...............................
233
Sec.
135.
Prohibited signs and prohibited sign locations. ...........
233
City of Palm Beach Gardens/Land Development Regulations
IV
Draft - 3/5/00
Sec. 136.
Permitted signs .... ...............................
235
Sec. 137.
Illumination ....... ...............................
241
Sec. 138.
General standards .. ...............................
241
Sec. 139.
Sign program . .... ...............................
243
Sec. 140.
Exempt signs ...... ...............................
243
Sec. 141.
Temporary signs allowed . ..........................
244
Division VII. Landscaping
................. ...............................
249
Sec. 142.
Purpose and intent . ...............................
249
Sec. 143.
Violations and Penalties .............................
250
Sec. 144.
Approval required .. ...............................
251
Sec. 145.
Application and permit required . .....................
251
Sec. 146.
Development application . ..........................
252
Sec. 147.
Construction Plan Review . .........................
257
Sec. 148.
Administrative approval .............................
258
Sec. 149.
Compliance . ...................... . .............
260
Sec. 150.
Performance bond . ...............................
261
Sec. 151.
Appeal . ......... ...............................
261
Sec. 152.
Variances and waivers ..............................
262
Sec. 153.
Land Clearing Permit . .............................
262
Sec. 154.
Minimum landscape requirements for nonresidential developmP-6f2
Sec. 155.
Minimum landscape requirements for residential development.267
Sec. 156.
Landscaping for vehicular parking areas . ................
268
Sec. 157.
Preserve areas . ... ...............................
270
Sec. 158.
Tree replacement during construction ..................
271
Sec. 159.
Prohibited plants and invasive nonnative plants. ..........
271
Sec. 160.
Minimum landscape buffer and planting requirements. .....
273
Sec. 161.
Foundation landscaping and plantings ...................
275
Sec. 162.
Minimum Landscape and Hardscape Standards. ..........
276
Sec. 163.
Hardscape and nonliving landscape materials installation
requirements . .... ...............................
277
Sec. 164.
Soil erosion ....... ...............................
278
Sec. 165.
Landscaping in public road right -of- way .................
278
Sec. 166.
Enforcement ...... ...............................
279
Sec. 167.
Exemptions ....... ...............................
279
Sec. 168.
Tree and plant installation . ..........................
280
Sec. 169.
Pruning .......... ...............................
281
Sec. 170.
Maintenance ...... ...............................
282
Sec. 171.
Protection of root systems . .........................
284
Sec. 172.
Clear cutting of trees ...............................
285
Sec. 173.
Littoral planting zones ..............................
285
Sec. 174.
Variance procedure . ..............................
286
Sec. 175.
Nonconforming landscape areas ......................
286
City of Palm Beach Gardens/Land Development Regulations
Draft - 3/5/00
V
Division VIII. Off-street Parking And Loading .. ...............................
289
Subdivision 1. Off - street Parking For Vehicles ...........................
289
Sec. 176.
Intent . .......... ...............................
289
Sec. 177.
Applicability of article ...............................
289
Sec. 178.
Location of required parking . ........................
290
Sec. 179.
Construction and maintenance . ......................
290
Sec. 180.
Number of parking spaces required . ..................
294
Sec. 181.
Shared Parking. .. ...............................
307
Subdivision 11. Loading Requirements . ...............................
309
Sec. 182.
Required ......... ...............................
309
Sec. 183.
Size and location of loading spaces . ...................
309
Sec. 184.
Construction and maintenance . ......................
310
Sec. 185.
Number of loading spaces required . ..................
311
Sec. 186.
Cooperative establishment and use of facilities............
311
Subdivision III. Supplemental Parking Requirements ......................
312
Sec. 187.
Required parking for the physically handicapped. .........
312
Sec. 188.
Grassed parking . .. ...............................
312
Sec. 189.
Drive- through facilities . ............................
314
Sec. 190.
Covered parking structures ..........................
315
Sec. 191.
Vehicle repair in residential districts . ...................
316
Sec. 192.
Outdoor storage areas . ............................
316
Sec. 193.
Mechanical and service equipment screening .............
317
Sec. 194.
Dumpsters . ...... ...............................
317
Sec. 195.
Recycling containers. .............................
318
Sec. 196.
Use of buildings as sales models . .....................
319
Subdivision IV. Parking and Storage of Commercial Vehicles, Boats, Buses
Trailers and Trucks ...............................
321
Sec. 197.
Parking and storage of commercial vehicles, boats, buses,
trailers, and trucks .. ...............................
321
Sec. 198.
Definitions . ...... ...............................
321
Sec. 199.
Parking and storage restrictions for commercial vehicles. ...
323
Sec. 200.
Exceptions for commercial vehicles ....................
323
Sec. 201.
Recreational vehicles and watercraft . ..................
324
Sec. 202.
Valid nonconforming use ............................
325
Sec. 203.
Enforcement ...... ...............................
327
Subdivision IV. Bicycle Parking ....... ...............................
327
Sec. 204.
Intent . .......... ...............................
327
Sec. 205.
Location requirements . ............................
327
Sec. 206.
Design requirements . .............................
327
Sec. 207.
Number of spaces required . ........................
328
Sec. 208.
Reduction or waiver of requirements . .................
328
Division IX. Subdivisions
................. ...............................
329
City of Palm Beach Gardens/Land Development Regulations
Draft - 3/5/00 vi
Subdivision I. Generally ..... ...............................
329
Sec. 209.
Policy . .......... ...............................
329
Sec. 210.
Purpose and intent . ...............................
329
Sec. 211.
Authority . ....... ...............................
330
Sec. 212.
Jurisdiction . ...... ...............................
330
Sec. 213.
Interpretations and conflicts ..........................
331
Sec. 214.
Variances . ....... ...............................
331
Sec. 215.
Enforcement, violations and penalties . .................
331
Sec. 216.
Exceptions . ...... ...............................
332
Subdivision 11. Application Procedure and Approval Process ................
333
Sec. 217.
General application procedure . ......................
333
Sec. 218.
Concurrency . .... ...............................
333
Sec. 219.
Pre - application conference ..........................
334
Sec. 220.
Subdivision plan review and approval process. ...........
334
Sec. 221.
Construction plans review and approval process..........
338
Sec. 222.
Plat review and approval process . ....................
338
Sec. 223.
Signing and recordation of plat . ......................
341
Sec. 224.
Submission requirements for subdivision approval.........
343
Subdivision III. Assurance for Completion and Maintenance of Improvements ..
349
Sec. 225.
Required subdivision improvements . ..................
349
Sec. 226.
Inspection of improvements . ........................
351
Sec. 227.
Escrow deposits for lot improvements . ................
352
Sec. 228.
Maintenance of improvements . ......................
353
Sec. 229.
Deferral of required improvements ....................
353
Sec. 230.
Issuance of building permits and certificates of occupancy. ..
353
Subdivision IV. Requirements
for Improvements, Reservations and Design ....
354
Sec.231.
Compliance . ..... ...............................
354
Sec.232.
Monuments . ..... ...............................
354
Sec. 233.
Subdivision name . . ...............................
355
Sec. 234.
Lot arrangement ... ...............................
355
Sec. 235.
Lot dimensions .... ...............................
355
Sec. 236.
Double frontage lots ...............................
356
Sec. 237.
Water bodies . .... ...............................
356
Sec. 238.
Frontage on improved streets ........................
356
Sec. 239.
Grading and improvements ..........................
356
Sec. 240.
Street connection .................................
357
Sec.241.
Blocks ........... ...............................
357
Sec. 242.
Access to arterial streets . ...........................
357
Sec. 243.
Street names . .... ...............................
358
Sec. 244.
Street regulatory signs ..............................
358
Sec.245.
Streetlights . ...... ...............................
358
Sec. 246.
Arrangement of streets and dead -end streets. ...........
358
City of Palm Beach Gardens/Land Development Regulations
Draft - 3/5/00 V��
Sec. 247.
Established . ...... ...............................
359
Sec. 248.
Road surfacing and improvements .....................
359
Sec. 249.
Flexible pavement . ...............................
361
Sec. 250.
Railroads and limited access highways . .................
362
Sec. 251.
Cul -de -sac . ...... ...............................
362
Sec. 252.
Privately -owned dead -end streets within planned development363
Sec. 253.
Maximum and minimum grade . ......................
364
Sec. 254.
Vertical alignment . . ...............................
364
Sec. 255.
Horizontal alignment ...............................
365
Sec. 256.
Sidewalks . ....... ...............................
365
Sec. 257.
Pathways . ....... ...............................
365
Sec. 258.
Intersections ...... ...............................
366
Sec. 259.
Bridges .......... ...............................
366
Sec. 260.
Utilities .......... ...............................
366
Sec. 261.
New perimeter streets .............................
367
Sec. 262.
Widening and realignment of existing street ..............
367
Subdivision V. Drainage and Stormwater Management ...................
367
Sec. 263.
General requirements ..............................
367
Sec. 264.
Disposition of stormwater runoff ......................
367
Sec. 265.
Design storm . .... ...............................
368
Sec. 266.
Hydraulic design criteria . ...........................
369
Sec. 267.
Drainage plan requirements . ........................
370
Subdivision VI. Flood Plains ......... ...............................
372
Sec. 268.
Applicability ....... ...............................
372
Sec. 269.
Basis for establishing areas of flood hazard ...............
372
Sec. 270.
Abrogation and greater restrictions . ...................
372
Sec. 271.
Warning and disclaimer of liability . ....................
372
Sec. 272.
General standards .. ...............................
373
Sec. 273.
Encroachments .... ...............................
373
Subdivision VII. Potable Water Supply . ...............................
373
Sec. 274.
General requirements ..............................
373
Sec. 275.
Individual wells . ... ...............................
374
Sec. 276.
Fire protection water supply . ........................
374
Subdivision VIII. Wastewater Treatment ..............................
375
Sec. 277.
Central system design ..............................
375
Sec. 278.
Individual system ... ...............................
375
Sec. 279.
Wastewater reuse .. ...............................
376
Subdivision IX. Easements .......... ...............................
376
Sec. 280.
Utility easements . . ...............................
376
Sec. 281.
Drainage easements . ..............................
376
Sec. 282.
Lake maintenance easements . .......................
377
Subdivision X. Public
Uses ......... ...............................
377
City of Palm Beach Gardens/Land Development Regulations
Draft - 3/5/00 viii
Sec. 283. Recreation standards ............................... 378
Sec. 284. Recreation sites .... ............................... 378
Sec. 285. Payment in lieu of land . ............................ 379
Sec. 286. Other recreation reservations ........................ 380
Sec. 287. Other public uses . . ............................... 380
Subdivision A.
Natural Resources, Features and Amenities ...................... 381
Sec. 288. Preservation . ..... ............................... 381
Subdivision XII. Land Readjustment .. ............................... 381
Sec. 289. Resubdivision of land ............................... 381
Sec. 290. "After- the - fact" subdivisions . ........................ 382
Sec. 291. Plat Vacations .... ............................... 382
Division X. Traffic Performance Standards .... ............................... 384
Subdivision I. Generally ........... ............................... 384
Sec. 292. Intent . .......... ............................... 384
Sec. 293. Applicability ....... ............................... 384
Subdivision II. Standards ........... ............................... 386
Sec. 294. Established . ...... ............................... 386
Sec. 295. Level of service standards . .......................... 387
Sec. 296. Link standard . .... ............................... 388
Sec. 297. Intersection standard ............................... 388
Sec. 298. Radius of development influence ...................... 389
Sec. 299. Phasing .......... ............................... 389
Sec. 300. Reliance on committed roadway improvements. ......... 389
Subdivision III. Traffic Impact Studies .. ............................... 390
Sec. 301. Submission required for development approval........... 390
Sec. 302. Scope ........... ............................... 391
Sec. 303. Methodology . .... ............................... 391
Sec. 304. Site- related improvements. 396
Sec. 305. Conditions of development order approval .............. 396
Division XI, Performance Standards ........ ............................... 396
Sec. 306. Performance standards . ............................ 396
Division XII. Open Space ................ ............................... 399
Sec. 307. Open space . ..... ............................... 399
Sec. 308. Historical and archaeological sites . .................... 402
Division All. Newsracks ................. ............................... 402
Sec. 309. Newsracks . ...... ............................... 402
ARTICLE VI. Nonconformities .............. ............................... 409
Sec. 310. Intent of article . ... ............................... 409
Sec. 31 1. Nonconforming lots of record ........................ 411
Sec. 312. Uses with minimum lot sizes ......................... 411
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Sec. 313.
Nonconforming uses of land .........................
411
Sec. 314.
Nonconformities after August 18, 1994. ..............
412
Sec. 315.
Nonconforming structures and improvements. ..........
412
Sec. 316.
Nonconforming uses of structures or premises. ..........
413
Sec. 317.
Repairs and maintenance . ..........................
414
Sec. 318.
Effect of variance ... ...............................
414
ARTICLE VII. Violations and Enforcement ..... ............................... 414
Sec. 319. Enforcement, violations and penalties . ................. 414
Sec. 320. Remedies ........ ............................... 414
Sec. 321. Other administrative remedies . ...................... 415
Article VIII. Definitions ..................... ............................... 416
Sec. 322. Definitions . ...... ............................... 416
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Subpart B
LAND DEVELOPMENT REGULATIONS
ARTICLE 1
General Provisions
Sec. 1. Policy.
(a) Development. It is the policy of the city to permit development of land that is consistent
with and furthers the goals, objectives and policies established in the City of Palm Beach
Gardens Comprehensive Plan.
(b) Concurrency. Development shall not be permitted unless in compliance with the
concurrency requirements as established in section
(c) Application. This chapter shall, where applicable, supplement and facilitate the regulations
contained in the building and housing codes, comprehensive plan, the capital improvements
program, and capital budget of the city.
Sec. 2. Purpose and Intent.
(a) The purpose and intent of this chapter is to provide for the public health, safety, and welfare of
the residents and property owners of the City of Palm Beach Gardens; to provide
development standards, criteria, and regulations consistent with the city's comprehensive plan;
and exercise the planning and zoning authority granted by Chapter 163, Florida Statutes. The
purpose and intent of this chapter also is to achieve the benefits listed below.
(b) Protect, provide for, and further the public health, safety and general welfare of the city.
(c) Guide and encourage the orderly and beneficial development of future growth and
development of the city consistent with the city's comprehensive plan.
(d) Provide for adequate light, air and privacy; secure safety from fire, flood, and other danger;
and prevent overcrowding of the land.
(e) Protect and enhance the aesthetics and character of all parts of the city.
(f) Protect and conserve the value of land, buildings and improvements and minimize conflicts
among uses of land and buildings.
(g) Divide the city into districts, restricting and regulating therein the construction, reconstruction,
alteration and use of buildings, structures, and land for residential, commercial, industrial and
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other specified uses.
(h) Establish building setback lines, and regulate the bulk and height of buildings.
(i) Provide for open spaces, and conserve and preserve environmentally sensitive lands.
(j) Avoid traffic congestion on streets and eliminate conflicts between pedestrian and vehicular
movements.
Sec. 3. Authority.
This chapter is enacted pursuant to the requirements and authority of Chapter 163.3161, Florida
Statutes, Section 5 -2 of the City Charter, and the general municipal powers authorized by
Chapter 166, Florida Statutes.
Sec. 4. Scope.
Except as specifically provided in this article, the provisions established in this chapter shall apply to all
development in the city, and no development shall be undertaken without prior authorization
pursuant to this chapter.
Sec. S. Effective Date.
(a) Effective date. This chapter is adopted and made effective as of
(b) Effect of adoption. All development order applications which were accepted as complete
prior to the effective date of this chapter or a portion adopted by the city council, will be
subject to the development requirements of this chapter. Any unapproved parcel within a
planned community district (PCD), planned unit development (PUD), or any other
development order approved prior to the enactment of the ordinance from which this
chapter derives shall be subject to this chapter, unless the city council determines that
compliance with this chapter will be in conflict with the PCD approval obtained by the
applicant.
(c) Prior conditional uses. Upon the effective date of this chapter, any land use which was
legally established prior to the effective date and is now classified by this chapter as a
conditional use shall be considered a legal nonconforming use.
Sec. 6. Interpretation and conflict.
(a) Interpretation. In their interpretation and application, the provisions of this chapter shall be
construed broadly to promote the public health, safety and general welfare.
(b) Conflict with other public provisions. This chapter is not intended to interfere with,
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abrogate or annul any other ordinance, rule or regulation, statute or other provision of law,
except those which are in conflict with these provided for in this chapter. Where any provision
of this chapter imposes restrictions different from those imposed by any other provision of this
chapter or any other ordinance, rule or regulation or other provision of law, the provision
which is more restrictive or imposes higher standards shall control.
Sec. 7. Application of district regulations.
The regulations within each zoning district shall be minimum regulations and shall apply uniformly to
each class or kind of structure or land, except as may be provided elsewhere in this chapter.
(a) Conformity. All buildings, structures, lands, and properties shall be used, developed,
occupied, erected, altered, moved, or otherwise improved in conformity with the provisions
of this chapter.
(b) Prohibitions. Buildings or other structures shall not be erected or altered:
(1) to exceed the height or bulk standards;
(2) to accommodate or house a greater number of families or individuals;
(3) to occupy a greater percentage of building site area;
(4) to have narrower or smaller rear yards, front yards, side yards, or other open spaces;
or
(5) in any other manner contrary to the provisions of this chapter.
(c) Double counting of yards or open space. Any portion of a yard or other open space,
or off - street parking or loading space required in connection with any building or use for the
purpose of complying with this chapter shall not be included as part of a yard, open space, or
off - street parking or loading space for any other building or use.
(d) Reductions. Any lot, yard, or building site existing on August 18, 1994, shall not be reduced
in dimension or area below the minimum requirements set forth in this chapter, unless
otherwise provided herein. Yards or building sites created after August 18, 1994, shall
conform to, but may exceed, the minimum requirements established by this chapter.
Sec. 8. Official zoning map.
(a) Adoption. The city is divided into districts, as shown on the Official Zoning Map of the City
of Palm Beach Gardens, which, together with all explanatory matter thereon, is adopted by
reference and declared to be a part of this chapter.
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(b) Changes in map. The official zoning map shall be amended in a timely fashion following
each zoning district change approved by the city council.
(c) District boundaries. Where uncertainty exists as to the boundaries of districts as shown on
the official zoning map, the rules stated below shall apply.
(1) Centerlines. Boundaries indicated as approximately following the centerlines of
streets, railroads, highways, or alleys shall be construed to follow such centerlines.
(2) Platted lot lines. Boundaries indicated as approximately following platted lot lines
shall be construed as following such lot lines.
(3) City limits. Boundaries indicated as approximately following city limits shall be
construed as following such city limits.
(4) Specific dimensions. Where district boundaries are indicated by specific
dimensions, such specific dimensions shall control.
(5) Shorelines. Boundaries indicated as following shorelines shall be construed to follow
such shorelines. If the shoreline changes, the boundaries shall be construed as moving
with the actual shoreline.
(6) Canals and rivers. Boundaries indicated as approximately following the centerlines
of streams, rivers, canals, lakes or other bodies of water shall be construed to follow
such centerlines.
(7) Parallel lines and extensions. Boundaries indicated as parallel to or extensions of
features indicated in this section shall be so construed.
(8) Distances. Distances not specifically indicated on the official zoning map or
contained in the legal description contained in the ordinance to amend the official
zoning map shall be determined by the scale of the map.
(9) Interpretation. Where physical or cultural features existing on the ground are at
variance with those shown on the official zoning map or in other circumstances not
covered by this section, the board of zoning appeals shall interpret the district
boundaries.
(10) Rights -of -way vacations. If a street or other public right -of -way is vacated, where
a district boundary is indicated following the right -of -way line at the edge of the street,
such boundary shall be construed as moving to the centerline of the vacated street.
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(d)
Construction words and phrases. The following general rules of construction shall
govern the interpretation of words and phrases used in these land development regulations.
(1) The term "person" includes a firm, association, organization, partnership, trust,
company, or corporation, as well as an individual.
(2) The present tense includes the future tenses, the singular number includes the plural,
and the plural number includes the singular.
(3) The term "shall' is mandatory, as is the term "will ";
(4) The term "may" is permissive.
(5) The term "used" or "occupied" includes the terms "intended, designed, or arranged to
be used or occupied."
(6) The term "lot" includes the terms "plot," "tract," or "parcel."
(7) The term "erected" or "altered" includes the term "constructed, reconstructed,
restored, extended or structurally altered."
Sec. 9. Annexation.
Effect of annexation. Until changed by the city council, property annexed into the city shall
retain the future land use plan, zoning designation, and development order applied or
approved by Palm Beach County.
Sec. 10. Schedule of fees, charges, and expenses.
(a) Fees authorized. The city council shall establish a schedule of fees, charges, and expenses
and a collection procedure for development order applications, building permits, certificates,
appeals, and all other matters pertaining to this chapter. The schedule of fees shall be available
in the growth management department. Fees may be altered or amended only by the city
council.
(b) • Payment of fees. Until all applicable fees, charges, and expenses have been paid in full, no
action shall be taken on any application, appeal, or other matter affected by this chapter.
Article II.
Review and Decision - making Authority
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Sec. 1 1. City Council.
The city council shall exercise those powers and duties as provided by chapter 2 of the
code of ordinance of the City of Palm Beach Gardens.
Sec. 12. Planning and zoning commission.
(a) Powers and duties. The planning and zoning commission shall exercise those powers and
duties as provided by chapter 2 of the code of ordinance of the City of Palm Beach Gardens.
(b) Local Planning Agency. The planning and zoning commission shall serve as the local
planning agency, pursuant to Chapter 163._, Florida Statutes.
(c) Land Development Regulation Commission. The planning and zoning commission
shall serve as the land development regulation commission, pursuant to Chapter 163.
Florida Statutes.
Sec. 13. Board of zoning appeals.
The board of zoning appeals (BZA) is established to decide upon variances, consider
appeals of interpretations, and perform such other duties as may be assigned by the
city council. The planning and zoning commission shall serve as the BZA, unless
otherwise provided by the city council. The provisions contained in this section shall
apply only if the planning and zoning commission is not serving as the BZA.
(a) Membership and appointment.
(1) Membership and appointment. The board of zoning appeals consists of seven
members appointed by the city council. The members of the board shall be residents
of the city, and shall serve three -year staggered terms without compensation.
(2) Alternate members. The city council may appoint two alternate members to the
board of zoning appeals. The alternate members shall be residents of the city and shall
serve as members of the board and shall have a voice and vote in the meetings of the
board when any regular member is absent from a scheduled meeting. The
chairperson of the board of zoning appeals shall indicate in the record of the
proceedings of the board as to which member is absent and the name of the alternate
member who is sitting as a member for a particular proceeding or meeting.
(b) Vacancies. Vacancies shall be filled by the mayor, subject to confirmation by the city council,
for any unexpired term. Any member may be removed by the mayor for cause after written
charges have been filed, and after a public hearing has been held if such a hearing is demanded
by the member so charged.
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(c) Officers. The board of zoning appeals shall select, at the first meeting of the calender year,
from its members a chairperson and vice - chairperson. The chairperson or, in the chair's
absence, the vice - chairperson, shall preside over meetings, may administer oaths, and
perform such other duties as required by this section or as assigned by the city council.
(d) jurisdiction. The board shall have the authority and jurisdiction as provided below.
(1) Administrative decisions. The board shall hear and decide appeals from and
review any order, requirement, decision, or determination made by the administrative
officials charged with the administration or enforcement of this chapter.
(2) Variances. The board shall hear and decide requests for a variance from the
requirements of this chapter.
(3) Prohibited variances. The board shall not have the authority to :
a. grant a variance to authorize the use of any parcel of property or structure in a
manner not permitted by the zoning classification of the district in which the
property or structure is located; and
b. grant a variance to the supplemental standards applicable to permitted and
conditional uses as provided in section _
(e) Meetings and proceedings. Al meetings and public hearings of the board of zoning
appeals and all hearings shall be open to the public. The minutes of the proceedings shall
show the vote of each member upon every question decided by the board or, if any member
is absent or fails to vote, shall so indicate. A statement of the findings by the board shall be
included in the minutes as to each case heard or considered by it. The reason for
recommending or denying a variance as described in this division shall also appear in the
minutes. In every instance, a brief statement of the facts upon which the recommendations
are based shall appear in the minutes. The board shall adopt its own rules of procedure, a
copy of which and all amendments thereto shall be filed in the office of the city clerk. The
minutes of the board shall be open to public examination at reasonable hours. Expenses
incurred by the board are to be itemized and shall be borne by the city, except as may be
specified.
(� Applications. Applications shall comply with the requirements of section _. Applications
shall apply to only one parcel of land when a variance is requested, or to a singular
administrative order when an administrative review is requested.
(g) Fees. No public hearing shall be held on any petition until the required filing fee and
advertising deposit is be paid by the applicant.
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(h) Decision making and quorums. The concurring vote of four members of the board shall
be necessary to reverse any order, requirement, decision, or determination of the officer
from whom an appeal is taken or to decide in favor of the applicant any matter in which the
board is required to pass under this chapter. Four members of the board shall constitute a
quorum for the transaction of all business before the board.
(i) Appeals. Appeals from a final decision of the board shall be made within thirty calendar days
of such decision, and shall be filed with the Circuit Court of the Fifteenth Judicial Circuit.
Sec. 14. Development review committee.
(a) Establishment. The development review committee consists of the city engineer, city
attorney, city manager, growth management director, police chief, fire chief, public works
director, building official, other city staff, or public service representatives appointed by the city
manager. The growth management director or designee shall serve as chair of the
committee. The committee shall have the following jurisdiction:
(1) review development order applications submitted pursuant to this chapter;
(2) ensure applications for development order approval are consistent with the
requirements of the city's comprehensive plan and land development regulations;
(3) provide specific comments regarding consistency of development order applications
with the requirements of the city's comprehensive plan and codes; and
(4) provide specific recommendations if an application is not consistent with applicable
requirements.
Sec. IS. Duties of growth management director.
(a) Duties. The growth management director shall administer and enforce the requirements of
this chapter, including the responsibilities listed below.
(1) Development review committee. Serve as or designate a chair of the
development review committee.
(2) Applications. Receive and process all applications for development order approval.
(3) Interpretations. Interpret the provisions of this chapter.
(4) Hearings. Represent the city at all workshops and public hearings held by the city
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council, the planning and zoning commission, the board of zoning appeals, and such
other boards as may be created by the city.
Sec. 16. Duties of the City clerk.
Duties. The city clerk shall perform the duties listed below.
(1) Zoning maps. Maintain and update the official zoning map of the city.
(2) Records. Maintain records of all actions taken under this chapter.
(3) Public notice. Provide such public notice in a newspaper of general circulation as
required by Chapters 163 and 166, Florida Statutes or this chapter.
Sec. 17. Duties of the building official.
Duties. The building official shall assist in the enforcement of this the chapter, and in carrying
out such duties shall receive all applications for building permits and issue the necessary
certificates and approvals.
Article III.
Development Review Procedures
Division I.
Development Review Process
Sec. 18. Applicability of Article.
The provisions of this Article shall apply to all development order applications, including the following:
(a) standard rezoning, planned community development (PCD), planned unit development
(PUD) including mixed use development (MXD), planned development area, and overlay
district;
(b) site plan review;
(c) land development regulations text amendment;
(d) conditional use;
(e) variance;
(f) amendments to approved development orders;
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(g) miscellaneous development order applications; and
(h) expiration of development approvals and time extensions.
Sec. 19. Concurrency required.
All development order applications shall comply '
with the requirements of the concurrency I Steve: OK?
management system established by section
of this code. An application for
development order approval shall not be accepted by the growth management department for
processing unless accompanied by an approved concurrency certificate or an application to obtain a
concurrency certificate. An application for development approval, if accompanied by an application to
obtain a concurrency certificate, shall not be reviewed and processed until concurrency is established.
Sec. 20. Review of applications for development order approval.
(a) Compliance. Applications for development order approval shall be reviewed as indicated in
Table and comply with all requirements of this code.
(1) Development Review Schedule. Review of all applications for development
order approval shall be consistent with the requirements of Table 2.
Table
Development Order Review
Notes.
A= Advisory Review DRC= Development Review Committee
Blank= Not Applicable DO= Development Order
BZA =Board of Zoning Appeals P &Z= Planning and Zoning Commission
C= Completeness Review ✓= Technical Review
CC =City Council ■= Decision Making Authority
D= Discretionary per Growth Management Director
Development Order
Staff
DRC
BZA
P &Z
CC
Application
Rezoning, Standard
C
✓
A
■
Rezoning, Overlay (including PCD
and PUD)
C
✓
A
■
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Rezoning, Planned Development
Area
C
✓
Cond
A
■
Conditional Use
C
✓
DO
A
■
Variance
C
D
■
Text
Site
LDR Text Amendment
C
Change
Change
A
■
Site Plan Review, Major
C
✓
A
■
Site Plan Review, Minor
C
✓
(Minor)
■
Rev.
Site Plan Review, Administrative
C/■
✓
✓
✓
✓
Subdivision
C
✓
✓
A
A
Plat
C
✓
✓
A
A
DO Change, Non - Administrative
C
6/
✓
A
■
DO Change, Administrative
C/■
Table
Development Review Schedule
BZA= Zoning Board of Appeals
Blank= Not Applicable
D= Subject to Discretion of Growth
Management Director
DO= Development Order
✓= Applicable
*Working days are Monday
Notes.
DRC= Development Review Committee
MAX= Maximum
MIN= Minimum
Misc. Rev.= Miscellaneous Review
P &Z= Planning and Zoning Commission
Var.= Variance
through Friday, excluding City holidays.
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# OF
Rezoning
Cond
LDR
Major
Minor
Admin
DO
DO
WORKING
(All)
Use
Text
Site
Site
Site
Change
Change
Misc.
ACTION
DAYS*
Change
Plan
Plan
Plan
(Major)
(Minor)
Var.
Rev.
Pre -App
✓
✓
✓
✓
✓
D
✓
✓
✓
D
Submit
Application
✓
✓
✓
✓
✓
✓
✓
✓
✓
✓
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(b) Planning and Zoning Commission workshops and public hearings.
(1) Workshops. The planning and zoning commission shall consider the comments and
recommendations from the development review committee and growth management
department staff at one or more workshop meetings.
(2) Request for additional information. When an application is considered by the
planning and zoning commission at a workshop or public hearing, additional information
regarding the application may be requested.
a. The requested information shall be submitted by 12:00 noon at least ten
working days, excluding holidays, prior to next scheduled planning and zoning
commission meeting.
b. When the additional information requires the review of any development
review committee member, the information shall be submitted by 12:00
noon at least 12 working days, excluding holidays, prior to the next scheduled
planning and zoning commission meeting. At the meeting when the additional
information is requested, the response period may be reduced to ten working
days, excluding holidays, by the growth management director.
(3) Public hearing. After completion of a workshop to consider an application, the growth
management department staff shall schedule a public hearing or public meeting to
consider the application. The public hearing shall be held at least ten working days,
excluding holidays, following the final workshop. Public notice shall be provided as
required in Sec. 118
(c) Record of proceedings. The planning and zoning commission shall conduct a public
hearing and shall prepare a record of the proceedings on each development order application.
The record shall be filed in the growth management department and shall be a public record.
(d) Transmission of recommendation to city council. For each development order
application, the planning and zoning commission shall act as indicated below.
(1) Recommendations. Adopt a recommendation to approve, deny, or approve the
development order application with conditions. The recommendation shall be
transmitted to the city council.
(2) Approval. Approve, deny, or approve with conditions those development order
applications subject to their jurisdiction.
(e) City council consideration
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Sufficiency
Review
MAX 7
✓
✓
✓
✓
✓
✓
✓
D
✓
✓
Staff
Decision
MAX 14
✓
✓
D
DRC Review
MIN 14
✓
✓
✓
✓
✓
✓
✓
D
DRC
No specific
Certification
limit
✓
✓
✓
✓
✓
✓
D
D
D
BZA Hearing
MIN 7
✓
P&Z
Workshop
MIN 7
✓
✓
✓
✓
✓
✓
D
P&Z Public
Meeting
MIN 10
✓
✓
P&Z Public
Hearing
MIN 10
✓
✓
✓
✓
✓
Council
Public
Meeting
MIN 23
✓
✓
Council
Workshop/
MIN 23
✓
✓
✓
✓
First Reading
Council First
or Second
MIN 10
✓
✓
✓
✓
✓
Reading
Council
Second
MINIO
✓
✓
✓
✓
✓
Reading
(2) Public hearings and workshops. All applications for development orders to
consider rezonings, conditional uses, development order amendments, and land
development regulations text amendments shall be subject to an advertised public
hearing by the planning and zoning commission and the city council. Prior to scheduling
a public hearing, the growth management department staff shall schedule one or more
workshops to review the application with the planning and zoning commission or city
commission.
(3) joint workshops. The city manager may schedule a joint planning and zoning
commission/city council workshop to review any development order application of such
size, nature, or complexity as to require timely consideration and direction from both
bodies.
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(1) Workshop meeting or first reading. Not less than 23 days after receipt of a
recommendation from the planning and zoning commission, the city council shall hold a
workshop meeting or schedule first reading. As such meeting, The city council shall
consider the comments and recommendations from the planning and zoning
commission, the growth management department staff, and the development review
committee staff. An application for development approval may be considered at one or
more workshop meetings or regular meetings.
(2) Request for additional information. When an application has been considered by
the city council at a workshop or public hearing, additional information regarding the
application may be requested.
a. The requested information shall be submitted by 12:00 noon at least 19
working days, excluding holidays, prior to the next scheduled city council
meeting.
b. When the additional information requires the review of any development
review committee member, the information shall be submitted by 12:00
noon at least 12 working days, excluding holidays, prior to the next scheduled
City council meeting. At the meeting when the additional information is
requested, the response period may be reduced by the city manager.
(3) City council decisions. Following the required public hearing or hearings, the city
council shall approve, deny, or approve with conditions all applications for development
order approval. For decisions adopted by ordinance, the decision shall be consistent
with the requirements of Chapter 166, Florida Statutes. For any other action, the
decision shall be adopted in resolution form, or such form as may be prescribed by the
city council. The ordinances and resolutions adopted hereunder shall indicate the
following:
a. the City Council decision;
b. the reasons supporting the decision;
C. a statement that the approval included reliance on all representations made by
the applicant or applicant's agents at any workshop or public hearing;
d. all conditions of approval included within the decision; and
e. specific reference to all documents, including but not limited to the name of
preparer, title of the document, date of preparation, of all studies, master
plans, site plans, landscape plans, architectural elevations, and similar materials
which are the basis of or are to be implemented as part of the development
order approval.
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(4) Reconsideration.
a. Rezoning. Any parcel, or substantially the same parcel, subject of a rezoning
application, including a standard rezoning, rezoning to planned community
district or planned unit development, rezoning to planned development area,
or overlay rezoning, which has been denied by the city council shall not be
eligible for reconsideration again by the planning and zoning commission or
the city council for a rezoning to the same classification for one year from the
date such application was denied by the city council.
b. Other development orders. Any parcel, or substantially the same parcel,
subject of an application for development order approval, including any form
of conditional use, major or minor site plan review, or development order
amendment, which has been denied by the city council or planning and zoning
commission, shall not be eligible for reconsideration by either body for six
months from the date the application was denied.
(f) Public hearing notice. After completion of planning and zoning commission or city council
workshop or workshops to consider an application, the growth management department staff
shall schedule the required public hearings to consider the application. Public notice shall be
provided as required in Sec. 118.
(g) Preliminary review of large scale
developments. In order to provide I New. I
preliminary comments regarding
potential applications for large scale
development prior to the formal development review process, the city council may consider
such projects at one or more workshop meetings. The workshop meetings shall be utilized
by the city council to provide non - binding comments to an applicant as a means to reduce the
amount of resources expended in preparation of plans and formal applications for the city's
development review process. Preliminary review meetings are to be scheduled at the
request of an applicant, and shall be at the risk of an applicant. Requests for preliminary
review shall be based upon the requirements provided herein.
(1) Minimum threshold. The potential application must be of a size that is at or above
eighty percent (80 %) of the numerical thresholds for a development of regional impact,
as specified in Chapter 380, Florida Statutes. A potential application must be presented
in a conceptual or preliminary design phase.
(2) Request for review. A request for preliminary review shall comply with the standards
listed below.
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a. The request for preliminary review shall be submitted to the growth
management department in writing.
b. The request for preliminary review shall be accompanied by such fee as
approved by the city council.
C. A request for preliminary review shall include a pre - application conference,
prior to any city council workshop.
(3) Staff analysis. Staff analysis of a request for preliminary review shall be limited to a
summary of the application. The analysis shall not include any determination of
consistency with the comprehensive plan, land development regulations, or
concurrency requirements. The preliminary report also shall not include any proposed
recommendations or conditions of approval.
(4) Workshop meetings. One or more workshop meetings to conduct a preliminary
review shall be scheduled with approval of the city council.
(h) Liens and fines. A development I
order application of any type shall not be I New.
scheduled for consideration at a
preliminary review, workshop, regular
meeting, special meeting, or public hearing of the planning and zoning commission or city
council unless all liens or fines owed to the city for the subject property have been paid.
Sec. 21. Concurrent processing.
(a) Concurrent processing prohibited. The city shall not accept or process a development
order application for site plan review or development order approval where the affected
parcel is contingent upon a development order approval of a proposed, master plan, site plan,
or development order for a comprehensive plan amendment (CPA), a development of
regional impact (DRI), a planned community overlay district (PCD), a planned unit
development overlay district (PUD), or an amendment to any of the foregoing.
(b) Waiver. The city council may waive the requirements or prohibitions of this section if an
applicant can determine compliance with the following criteria.
(1) Comprehensive plan amendment (CPA). If a CPA is proposed, the proposal:
a. will not result in a land use which is incompatible with surrounding uses,
including land uses within and outside the city's municipal boundaries;
City of Palm Beach Gardens/Land Development Regulations
Draft - 3/5/00 16
b. has not been the subject of an objection raised via the Interlocal Plan
Amendment Review Committee (IPARC) or the Countywide Issues Forum;
and
C. The proposed CPA is consistent with and furthers the goals set forth in the
city's "vision statement," entitled 'Our Vsion - A Strategic P /an "dated
December 5, 1996.
(2) DRI, PCD, or PUD application. An application for approval of a DRI, PCD, or
PUD, or amendment thereto, has not received an objection from a neighboring
jurisdiction that has been raised through the development review committee process.
(3) Level of service. An application for approval of a CPA, DRI, PCD, or PUD, or
amendment thereto, complies with adopted level of services standards or complies with
the city's concurrency requirements.
(4) City benefit. An applicant shall sufficiently establish that concurrent processing will
benefit the city and will not cause undue burden or adverse impact to the city.
(c) Cessation of processing. If at any time during the concurrent processing an applicant fails
to satisfy any of the criteria of this section, such as the filing of an objection with the city, then
concurrent processing shall immediately cease. The applicant is responsible at all times to
comply with the requirements and criteria for concurrent processing and bears all risks for
failure of an application to proceed in a timely fashion.
(d) Concurrent processing agreement. At the city's discretion, an applicant may be
required to enter into a concurrent processing agreement. The agreement shall set forth any
and all conditions which the city deems necessary to ensure master planning or site planning of
the affected site is completed. The city may include reasonable restrictions or limitations on
use of the affected property. Acceptance of the agreement by the applicant shall be a
prerequisite for approval of concurrent processing. The city council, by resolution, shall
approve all concurrent processing agreements and amendments thereto.
Sec. 22. Mandatory pre - application conference.
Before submitting an application or development order approval, the applicant shall meet with the
growth management department to discuss the application, the procedure for review, and the
applicable goals, policies, and objectives of the city's comprehensive plan and the requirements of this
code. The growth management director may waive this requirement.
Sec. 23. Application procedures.
(a) Single application. All properties within a single application must be contiguous or be the
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 17
subject of separate application and filing fees.
(b) Applications. All applications for development order approval shall be submitted to the
growth management department. Al applications shall be filed on forms provided for that
purpose by the growth management department. Al applications shall be accompanied by
such supporting documentation as required by the code or by the growth management
department.
(c) Completion review. Within seven working days, excluding holidays, after receipt of an
application, the growth management department shall determine that the application is
complete or incomplete.
(1) Complete application. The application is complete and shall be reviewed as
provided by this code. A complete application includes the following:
a. all information required by Table ;
b. all information required by Table is complete, prepared in accordance
with professionally acceptable standards, and is consistent with the
development order application;
C. all fees required by the city; and
d. the required number of copies.
The growth management director shall notify an applicant in writing if the application is
determined to be complete.
(2) Incomplete application. The application is not complete, and shall not be subject to
further review until all identified deficiencies have been remedied. The applicant shall be
notified in writing the application is incomplete, and the specific deficiencies that have
been identified. Within 30 days of the date of the notification, the applicant shall submit
all information necessary to remedy the deficiencies. The director may waive the 30
day requirement if reasonable progress is being made to remedy the application. An
application shall not be subject to further review until all deficiencies are remedied.
Failure of an applicant to respond within the 30 days to a notice of deficiency shall void
the application.
(d) Development review committee. The development review committee (DRC) shall
review all applications as provided herein.
(1) DRC review. The department shall forward the completed application to the
members of the DRC, who shall consider the following:
a. Conformity of the proposed development with the comprehensive plan, this
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 18
chapter, and other applicable ordinances of the city;
b. characteristics of the site and surrounding area, including important natural and
manmade features, the size and accessibility of the site, and surrounding land
uses;
C. natural and environmental resources present on the site;
d. the nature of the proposed development, including land use types and
densities;
e. compatibility with adjacent land uses;
f. conformity with traffic performance standards;
g. impact on public safety services;
h. impact on public schools, unless otherwise addressed as a requirement of the
city's concurrency management system; and
i. other applicable factors and criteria prescribed by the city.
(2) DRC comments and recommendations. The development review committee
shall review the application and submit its comments and recommendations to the
growth management department not less than 14 working days following receipt of the
complete application. Incomplete submittals by applicants, review of environmental
factors, lack of or incomplete responses to requests for additional information,
complexity of the application, or need for additional information may delay DRC review
and comments.
(3) Request for additional information. When an application has been considered by
the DRC, additional information regarding the application may be requested.
a. The requested information shall be submitted by 12:00 noon at least seven
working days, excluding holidays, prior to the next scheduled DRC or planning
and zoning commission meeting, as applicable.
b. When the additional information requires the review of the city engineer, the
information shall be submitted by 12:00 noon at least 15 working days,
excluding holidays, prior to the next scheduled DRC or planning and zoning
commission meeting, as applicable.
(4) DRC Certification. Certification of an application by the development review
committee is contingent upon such factors as a complete application, compliance with all
comprehensive plan and land development regulation requirements, receipt of all
requested additional information, and satisfaction of all comments. Certification of an
application by the development review committee is mandatory prior to any further
processing of a development order application.
(e) Application requirements. Applications for development order approval shall submit the
City of Palm Beach Gardens/Land Development Regulations
19
Draft — 3/5/00
information as required in Table _ and described herein. Additional copies may be
requested by the growth management director.
(1) Application. Application forms as provided by the growth management department.
(2) Aerial photograph. An aerial photograph of the appropriate section, township and
range of the city, outlining the subject property and delineating all contiguous zoning
districts.
(3) Architectural elevations of buildings.
a. Standard elevations. Illustrations of major architectural elevations of
buildings or structures for style of architecture, height in stories, type of
building materials, exterior colors, unusual features, entries, windows, roof
line, other elements. For a phased development, this information need not be
provided for structures or improvements proposed for future development.
b. Color renderings. Three - dimensional color renderings of building
elevations, at a scale consistent with the architectural elevations required
herein, illustrating building elevations at ground level.
(4) Area location map. Vicinity map of the area within one mile surrounding the site,
including the following:
a. principal roadway network, including mass transit routes;
b. major public facilities such as public schools, city and county parks and
recreation areas, hospitals, public buildings, etc.; and
C. municipal boundary lines.
(S) Authority. A statement of the applicant's interest in the property and:
a. if joint and several ownership, a written consent to petition by all owners of
record;
b. if a contract purchase, written consent of the seller or owner;
C. if an authorized agent, a copy of the agent's authorized agreement or written
consent of the owner;
d. if a lessee, a copy of the lease agreement and written consent of the owner;
e. if a corporation, partnership, or other business entity, the name of the officer
or person responsible for the application and written proof that the
representative has authority to represent the corporation, partnership, or
business entity or, in lieu thereof, written proof that such person is in fact an
officer of the corporation; or
f. if a group of contiguous property owners, all the owners of the property
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 20
described in the petition must provide written consent.
Table
General Application Requirements
City of Palm Beach Gardens/Land Development Regulations
Draft - 3/5/00 21
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Application Form*
I
I
I
I
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I
I
I
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Aerial Photograph
Architectural Elevations
■Standard Elevations
■Color Renderings
Area Location Map
Authority /Agent's
Consent
Boundary Survey
Concurrency
I
I
I
I
I
I
I
I
I
I
I
Environmental
Assessment
Filing Fees
I
I
I
I
I
I
I
I
I
I
I
Landscape Plan
Property Owner's List
I
I
I
I
I
I
I
I
I
I
I
School Impact Statement
I
I
I
I
I
I
I
I
I
I
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Sign Plan & Elevations
Statements of:
■ Comp. Plan Consistency
City of Palm Beach Gardens/Land Development Regulations
Draft - 3/5/00 21
■ Planning Assumptions
muse
■Public Safety
Traffic Impact Study
Deed
*Indicates Total number required for submittal (I original plus balance of copies)
(6) Certified boundary survey. A certified boundary survey by a surveyor licensed by
the State of Florida. The survey shall have been completed within one year of the date
the application is submitted. The survey shall be prepared at a scale of not less than one
inch equals 200 feet containing the following:
a. A legal description of the property to be rezoned; and
b. a computation of the total acreage of the parcel to the nearest tenth of an
acre.
(7) Concurrency. Written confirmation from the applicable service providers of the
availability of all necessary facilities and systems, as indicated below, for stormwater
management, potable water, sanitary sewer, solid waste disposal, fire protection,
recreational and park areas, and road capacity. If written confirmation of service
availability is provided on a regular basis by a service provider, the applicant is not
responsible for securing written confirmation.
a. Utility statement. A statement from the Seacoast Utility Authority, or other
lawful service provider, that the proposed development will be able to
connect to the system and that there is sufficient capacity available to meet
adopted levels of service for potable water and sanitary sewer.
b. Drainage statement. A drainage statement by the applicant's engineer that
the site drainage system will be designed to meet the stormwater
management requirements of the South Florida Water Management District
and the City's land development regulations. The statement also will
demonstrate provision of legal positive outfall meeting the adopted level of
service. Additional supporting calculations for larger projects may also be
required by the growth management director or designee.
C. Park services statement. A statement, when applicable, from the city's
director of parks and recreation that the proposed project will not exceed the
levels of service for public parks.
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 22
d. Fire protection. A statement from the city's fire department that the
proposed project will not exceed the levels of service for fire protection.
e. Solid waste. A statement from the Solid Waste Authority of Palm Beach
County that the proposed project will not exceed the adopted levels of
service standards for solid waste disposal. This requirement may be waived if
the Solid Waste Authority provides the city with a statement that solid waste
capacity is available.
f. Traffic statement. All traffic statements for review by the county shall be
filed with the city, who shall be responsible for submission to the county.
1. More than 1,000 trips. A statement from the county engineering department
that the project, if generating 1,000 or more average daily trips, conforms to
the 1990 Countywide Traffic Performance Standards, as amended, and that
the project- generated trips are reserved. A statement from the city engineer
that the proposed project complies with the city's level of service standards.
2. Less than 1,000 trips. A statement from the city engineer that the proposed
project, if generating less than 1,000 average daily trips, conforms to the traffic
performance standards adopted by both the county and the city, and that the
project- generated trips are reserved.
(8) Environmentally sensitive lands. Environmental assessment, when applicable,
addressing the requirements of all applicable environmental ordinances, including section
of this code.
(9) Filing fee. The applicant shall pay the official filing fee, as required by the city, at the
time of application filing.
(10) Landscape plan. A landscape plan which includes the location of landscape buffers or
screening walls along external collector and arterial roads, with landscape plans for
entrance features, buffers, common areas, parking and vehicular use areas, and all other
areas in compliance with chapter _.
(I I) Other documentation. Other documentation or professional studies necessary to
permit satisfactory review of a development order application consistent with the
following: the policies of the city's comprehensive plan and the requirements of this
code. The determination of the need for such other documentation shall be made by
the growth management director.
(12) Property owners list. A complete list of all property owners and mailing addresses
for all property within 500 feet of the subject parcel as recorded in the latest official tax
roll in Palm Beach County. An affidavit must be furnished attesting to the completeness
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 23
and correctness of the list.
(13) School impact. A statement, when applicable, from the school district specifying the
anticipated impact on public schools and the need for public school sites in the general
area of the proposed development. If a countywide school concurrency requirement is
established, a school impact statement is not necessary.
(14) Signs. Architectural elevations of all signs on the site indicating the location, size,
landscaping, design lettering, types of materials, colors, and other features.
(I S) Statements. Statements of comprehensive plan consistency, planning assumptions,
and use, as indicated below.
a. A statement of the basis of the application for development order approval for
the property, including the intended use.
b. A narrative describing how the intended plan of development complies with
the City of Palm Beach Gardens comprehensive plan.
C. A statement by the applicant of the major planning assumptions and objectives
of the development project, including but not limited to:
. projected population, if applicable;
2. proposed ownership and form of organization to maintain common open
space facilities; and
3. proposed density and land use for each parcel within the project, if applicable.
d. A statement of the impact the development order application, if approved, will
have on the city's public safety services, including police, fire, and emergency
medical services.
(16) Warranty deed. A warranty deed with an affidavit from the applicant that the deed
represents the current ownership.
(f) Master development and site plans. In addition to the application requirements listed
above, the master development or site plans listed below shall be provided.
(1) Plans required. The following plans shall be provided:
a. planned community district (PCD): master plan;
b. planned unit development (PUD): master PUD site plan;
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 24
C. parcels within an approved PCD: site plan; and
d. major or minor site plans: site plan.
(2) Plan requirements. Requirements for master development or site plans are listed
below, and are summarized in Table 118-
a. Topographic. A topographic survey, certified by a surveyor licensed in the
State of Florida, showing existing contours at one -foot intervals based on field
surveys or photogrametric surveys, and extending a minimum 100 feet
beyond the perimeter of the property.
b. Environmental. Identification of conservation and environmentally
significant areas. Proof of compliance with all applicable environmental
ordinances.
C. Phasing.
1. Proposed number of project phases, including total acreage in each phase, and
gross nonresidential intensity (square feet) and gross residential density of each
phase.
2. Preliminary schedule of development, including the staging and phasing of
areas and improvements as indicated below: areas to be developed in
chronological order of scheduling; the construction of streets, utilities, and
other improvements necessary to serve the proposed development; the
dedication of land to public use; and the installation of active and passive
recreation facilities.
d. Residential. Al plans shall provide the following: number, height and
number of stories, and type of residential units, whether single - family, zero lot
line, townhouses, apartments, etc. Nonresidential uses complementary to
residential areas, such as places of worship, schools, and day care facilities, shall
be identified for possible inclusion in the overall development order.
e. Nonresidential. Al plans shall provide the following: gross floor area,
building height and number of stories, and types of office, commercial,
industrial and other proposed nonresidential uses. All plans or applications
shall indicate nonresidential uses proposed for inclusion within the overall
development order.
f. Land area and open space. Total land area, and approximate location and
amount of open space included in each residential, nonresidential, or mixed
City of Palm Beach Gardens/Land Development Regulations
Draft - 3/5/00 25
use area, and a summary of the form of organization proposed to own and
maintain such areas.
g. Circulation. All plans shall provide the information listed below.
Approximate location of proposed and existing streets, pedestrian, and bicycle
routes.
2. Locations, centerlines and ultimate widths of rights -of -way for existing roads,
streets, intersections, and canals within the proposed project.
3. Locations, centerlines and ultimate widths of rights -of -way for roads, streets,
intersections, and canals proposed to be located within the proposed project.
4. All locations and ultimate widths of existing and proposed rights -of -way or
easements providing vehicular access to and from the site.
S. A written statement specifying how proposed rights -of -way are to be
conveyed or dedicated to the city, county, or state.
h. Public uses. All plans shall provide the information listed below.
The approximate location and acreage of any proposed public uses such as
parks, school sites, fire stations, and similar public or semipublic uses.
2. A written statement specifying how land for public purposes is to be conveyed
to the proper public agency.
i. Easements. All plans shall provide the information listed below.
Location and width of proposed and existing utility, drainage, access, and
similar easements.
2. Location of existing utility lines and utility facilities adjacent to and traversing the
subject site.
3. A written statement specifying how proposed easements are to be conveyed.
4. Location, if known, of proposed landscape buffers, open space, and preserve
areas.
j. Existing structures. All plans shall provide the following: the location of all
existing structures on the site, as well as those structures located within 100
feet of the perimeter of the site.
k. Signs. All plans shall provide the following: proposed signage locations, sign
types, sign dimensions, and typical details, including landscaping. For PCD
master plans, this requirement may be waived by the growth management
director.
I. Lighting. Lighting plan of all exterior lighting, including ground and building
mounted fixtures, location, height, type, foot - candle, cut sheets,
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 26
photogrametrics, and such other information as may be required by the city
engineer. For PCD master plans, this requirement may be waived by the
growth management director.
M. Project data. Project data including the following:
. North arrow (north up whenever possible);
2. Scale (graphic and written);
3. Name of development and project name (if different);
4. Firm name, address, and telephone number;
5. Township, section, and range;
6. City petition number (on revisions);
7. Date plans prepared and subsequent revisions;
8. Total acreage of site;
9. Boundary dimensions;
10. Dimensions of all plan elements, typicals where applicable;
11. Open space computation, including community - serving open space;
12. Zoning district of the site and all parcels within 150 feet;
13. Future land use map designation of the site and all parcels within 150 feet;
14. Building height;
15. Location, size, number and type of waste and recycling receptacles, including
typicals;
16. the use, approximate dimensions, and location of all proposed buildings and
other principal structures;
17. Lot coverage of all principal structures;
18. Parking spaces required and proposed number to be provided, dimensions of
parking and handicap spaces, and location and dimensions of all loading spaces
provided;
19. Building setback and /or separations; and
20. Bicycle parking provided onsite.
For PCD master plans, the growth management director may waive the requirement
for including certain types of project data if such data is not compatible with the more
generalized nature of such plans.
n. Future land use plan and zoning designations. Al plans shall provide
the following:
. zoning designation of the site and all parcels within 150 feet; and
2. future land use designation of the site and all parcels within 150 feet.
o. Description of future plan of development. A written description of the
intended plan of development, clearly indicating how approval of the PCD or
PUD will benefit the future occupants of the proposed development and the
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 27
City in general.
p. Compliance. Proof of compliance with all applicable conditions of the
planned community district.
q. Contiguous property. All plans shall indicate property contiguous to the
area subject to the application, including area under the ownership or control
of the applicant, the future land use plan designation, and the zoning district
designation.
r. Unified control. Evidence of unified control of the entire area within the
PCD or PUD shall be required in a form acceptable to the city attorney.
S. Owners' agreement. An agreement signed by all owners within the PCD
or PUD which includes their commitment to comply with the requirements
listed below.
1. Proceed with the proposed development in accordance with the
requirements of this code and with all conditions of approval adopted by the
city council.
2. Proceed with completion of the development consistent with the plans
approved by the city council.
3. Perpetual operating and maintenance of those areas, functions, and facilities
that are not to be provided, operated, or maintained by the city pursuant to
the development order approval or other written agreement.
4. Bind their successors in title to comply with all requirements of the
development order approval, all requirements of this Code, all provisions of
the owner's agreement, or all provisions of other written agreements or
commitments made as part of the overall development order approval.
Table
Master Plan/Site Plan Requirements
Notes
6/= Information to be provided Blank= Information not required
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 28
PCD
PCD
PUD
Major or
Master
Parcel
Master
Minor
Master /Site Plan
Plan
Site
Site
Site
Requirement
Plan
Plan
Plan
RESIDENTIAL
Number D/Us
✓
✓
✓
✓
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 28
Master /Site Plan
Requirement
PCD
Master
Plan
PCD
Parcel
Site
Plan
PUD
Master
Site
Plan
Major or
Minor
Site
Plan
D/U Height/Number of Stories
✓
✓
✓
✓
Types of Housing (Single- or
Multifamily, Assisted Living, etc.)
5.✓
✓
✓
✓
Proposed Uses (Nonresidential)
✓
✓
✓
✓
NONRESIDENTIAL USES
Number of Buildings
✓
✓
✓
Gross Square Feet
✓
✓
✓
✓
Building Height
✓
✓
✓
✓
Proposed Uses
✓
✓
✓
✓
PROJECT AND SITE DATA
Total Area
✓
✓
✓
✓
Open Space
✓
✓
✓
✓
Community Open Space
✓
✓
✓
✓
Lighting Plan
✓
✓
✓
Lot Coverage
✓
✓
✓
Building Locations
✓
✓
✓
Building Heights
✓
✓
✓
Building Setbacks
✓
✓
✓
Building Separations
✓
✓
✓
North Arrow
✓
✓
✓
✓
Scale (Graphic & Written)
✓
✓
✓
✓
Development Name
✓
✓
✓
✓
Firm (Name, Address, &
Telephone)
✓
✓
✓
✓
Section/Township/Range
✓
✓
✓
✓
Date Prepared/Revised
✓
✓
✓
✓
Boundary Dimensions
✓
✓
✓
✓
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/100 29
PCD
PCD
PUD
Major or
Master
Parcel
Master
Minor
Master /Site Plan Plan
Site
Site
Site
Requirement
✓
Plan
Plan
Plan
Existing Structures on Site
✓
✓
✓
✓
Existing Structures w/n 100 Feet of
Perimeter
✓
✓
✓
✓
Dimensions/Typicals of Plan
Elements
✓
✓
✓
✓
City Petition Number
✓
✓
✓
✓
Location, Size, Number and Type
of Waste and Recycling Receptacles
I 1
✓
✓
PHASING
✓
Sign Types
✓
✓
✓
✓ L
Sign Locations
✓
✓
✓
✓
Sign Sizes
✓
✓
✓
Sign Details/Typicals, including
Landscaping
✓
✓
✓
✓
Zoning Categories w /in 150 Feet of
Perimeter
✓
✓
✓
✓
Land Use Categories w /in 150 Feet ✓ ✓ ✓ ✓
of Perimeter
PARKING
Location of Parking Areas
✓
✓
✓
# Spaces Required
✓
✓
✓
-
# Spaces Provided
✓
I 1
✓
✓
-
Parking Space Dimensions
✓
I 1
✓
✓
#/Location of Handi-
capped Parking Spaces
✓
✓
✓
-
# and Location of Loading Spaces
✓
I I
✓
✓
Overall Parking Lot Circulation
✓
I 1
✓
y
✓
PHASING
Number of Phases ✓
✓
✓
Density per Phase ✓
✓
✓
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 30
Dedication of Public Land
PCD
PCD
PUD
Major or
Installation of Recreation
Master
Parcel
Master
Minor
Master /Site Plan
Plan
Site
Site
Site
Requirement
✓
Plan
Plan
Plan
Gross Square Feet per Phase
✓
✓
✓
✓
Size of Phases (# of acres)
✓
✓
✓
✓
Order of Phasing
✓
✓
✓
✓
Installation of Infrastructure
✓
✓
✓
✓
Dedication of Public Land
✓
✓
✓
✓
Installation of Recreation
✓
✓
RECREATION
✓
✓
✓
✓
Location
✓
✓
✓
✓
■
Size
r
✓
✓
` ✓
✓
Types
✓
✓
✓
✓
Perpetual Maintenance
✓
✓
✓
✓
ENVIRONMENTAL
✓
✓
✓
✓
Location and Size of Natural and
Water Areas
-
✓
✓
✓
1 ,
✓
Statement of Compliance
✓
✓
✓
I .
✓
Shoreline Vegetation to be Altered
✓
✓
✓
✓
CIRCULATION
Proposed/Existing (P/E) Street &
Road R -O -Ws
✓
✓
✓
✓
Width of P/E R -O -Ws
✓
✓
✓
✓
-
P/E Centerlines of Streets and
Roads
1
✓
✓
1
✓
✓
P/E Pedestrian and Bicycle Routes
✓
✓
✓
✓
P/E Access Easements
✓
✓
✓
✓
Statement of Conveyance of
R -O -Ws
✓
✓
✓
✓
UTILITIES
P/E Utility Easements ✓ ✓ ✓ ` ✓
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 31
Master /Site Plan
Requirement
PCD
Master
Plan
PCD
Parcel
Site
Plan
PUD
Master
Site
Plan
Major or
Minor
Site
Plan
Width of P/E Utility Easements
✓
✓
✓
✓
Statement of Conveyance of
Easements
✓
✓
✓
✓
PUBLIC USES (Proposed)
Use, Location, & Size
✓
✓
✓
✓
Statement of Conveyance
✓
✓
✓
✓
OTHER
Topography
✓
✓
✓
Compliance w/PCD Approval
✓
Contiguous Property
✓
Unified Control
✓
Owner's Agreement
✓
Statement of Overall Development
Plan
✓
Other Documentation as Required
by City
✓
✓
✓
✓
Sec. 24. Rezoning process.
(a) Rezoning, Standard For the purpose of this chapter, standard rezoning shall mean rezoning
of a property to any zoning classification other than planned community district, planned unit
development district including mixed use development district, planned development area, or
overlay district. The development order application for a standard rezoning shall be subject to
the development review process as provided in this Code and as indicated in Table
(b) Planned community district overlay rezoning. The development order application for
a rezoning to planned community district shall be subject to the development review process
as provided in this code and as indicated in Table . In addition, a development order
application for a planned community district overlay rezoning shall include a master
development plan as provided in section
(c) Development of parcels within a planned community overlay zoning district.
City of Palm Beach Gardens/Land Development Regulations
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Development of each parcel within an approved planned community overlay district with an
approved master development plan shall be subject to the site plan review procedure, as
established in section
(d) Planned unit development overlay district rezoning. The development order
application for a rezoning to planned unit development overlay zoning district shall be subject
to the development review process as provided in this code and as indicated in Table
(e) Planned development area rezoning. The development order application for a
rezoning to a planned development area shall be subject to the development review process
as provided in this code and as indicated in Table . In addition, a development order
application for a planned unit district overlay rezoning shall include a master site development
plan as provided in Sec. 118-
(f) Overlay district rezoning. The development order application for a rezoning to an
overlay district shall be subject to the development review process as provided in this code
and as indicated in Table
(g) Application requirements. Al applications for development order approval for a rezoning
shall include the application requirements as indicated in Table _ and described herein.
Sec. 25. Site plan review.
(a) Site plan review. The development order application for a site plan review shall be subject
to the development review process as provided herein and as indicated in Table
(b) Application requirements. All applications for development order approval for a site plan
review, excluding parcels located within a planned community district, shall include the
application requirements as indicated in Table _ and described herein.
(c) Categories of site plan review. The following categories of site plan review are
established:
(d)
(1) exempt;
(2) major;
(3) minor; and
(4) administrative.
(e) Exempt site plans. The following development order applications are exempt from any
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 33
site plan review, unless such applications are considered a major site plan review pursuant to
section
(1) building permits for single family;
(2) repairs or renovations to residential or nonresidential structures when the
improvements shall be made to the interior of the structure or when the facade,
roofline, or exterior dimensions of the structure shall not be changed; and
(3) construction or installation of ground level improvements to any structure which
changes the exterior dimension such as concrete pads, or permanent flower or planter
boxes.
(f) Major site plans. The following development order applications are considered a major
site plan review if the application exceeds one or more of the criteria listed below:
(1) the proposed development involves land and water area which exceeds three acres;
(2) the proposed development is a residential project of more than 12 dwelling units;
(3) the proposed development involves more than 30,000 square feet of nonresidential
floor space; and
(4) any application the growth management director designates as a major site plan because
the proposed development is part of a larger parcel for which additional development is
anticipated that, when aggregated with the project in question, exceeds the limits
established herein.
(g) Minor site plans. The following development order applications are considered a minor
site plan:
(1) applications which do not exceed the criteria or threshold of a major site plan; or
(2) the development of parcels within an approved planned community district master
development plan that do not exceed the thresholds established herein for a major site
plan review.
(h) Administrative site plan changes. Administrative changes to site plans may be approved
by the growth management director as provided herein. Administrative changes shall include
those changes not classified as an exempt, major, or minor site plan, or as a major
amendment to an approved development order, including the following:
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 34
(1) a change in traffic circulation or parking layout;
(2) a change in use or occupancy of a structure or premise which increase the amount of
required parking in excess of the amount currently approved for the use; or
(3) the application proposes a change of paint color or color finish of the exterior of the
structure.
Sec. 26. Amendments to approved development orders.
(a) Amendments to approved development orders. Criteria for amendments to
approved development orders, including site plans, master plans, architectural elevations,
conditions of approval, developer's agreements, project phasing, etc., are established by this
Section. For the purpose of this section, two types of amendments are created:
(1) major amendments; and
(2) minor amendments.
(b) Major amendments. Development order applications for major amendments are
reviewed in the same manner as the original application. Major amendments to approved
development plans include the changes listed below.
(1) Increase of intensity. Any change in nonresidential intensity which, in combination
with prior minor amendments, cumulatively exceeds the limitations or standards listed
below.
a. Increase in floor area. Any proposed increase which is equal to or greater
than five percent (5 %) of the gross floor area of any nonresidential structure.
b. Relocation. Any proposed relocation of the approved number of gross square
footage which is equal to or greater than five percent (5 %) of the approved
gross square feet of any nonresidential structure.
C. Increase in parking. Any proposed increase equal to or greater than five
percent (5 %) of the existing parking, unless otherwise provided in this chapter.
d. Decrease in parking. Unless otherwise provided in this chapter, any proposed
decrease, not requiring a variance, of the existing number of parking spaces
which is the greater of five percent (5 %) of the existing parking spaces or 20
parking spaces. For the purpose of this section, a site improvement as defined
herein is not considered a major amendment. Site improvement consists of
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 35
such actions as the following:
removal of parking spaces to preserve existing trees; creation of required utility
easements;
2. relocation of parking due to loss of site area to accommodate widening of
public rights -of way; and
3. the installation of landscaping, screening, or buffering associated with City -
approved improvements to a nonconforming lot or structure.
e. Increase in principal structures. Any proposed increase in the number of
principal or accessory structures that changes the overall intent of the original
approval.
f. Any proposed reduction of heavily utilized parking spaces.
g. Any reduction of required loading spaces.
(2) Increase in density. Any change in residential density which, in combination with
prior minor amendments, cumulatively exceeds the limitations or standards listed below.
a. Number of units. Any proposed increase in the number of residential units.
b. Increase in principal structures. Any proposed increase in the number of
principal or accessory structures that changes the overall intent of the original
approval.
(3) Increase in building height. Any proposed increase in building height or number of
stories.
(4) Utility facilities. Any addition or relocation of outdoor utility facilities, including
chillers, air - conditioning units, above ground fuel tanks including propane or natural gas,
electrical equipment such as junction boxes, and ground mounted service boxes for
public utilities such as telephones and cable television, which are deemed to be
substantial by the growth management director.
(5) Boundary changes. Any proposed boundary change of the approved development
plan.
(6) Traffic impact. Any increase in overall traffic impact, except as provided in this
chapter.
(7) Character and appearance. Any amendment which would alter the character or
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 36
significantly alter the appearance of an approved development.
(8) Amenities. Any amendment which would materially decrease the number or size of
amenities in all or a portion of any residential or nonresidential development.
(9) Residential unit types. Any change in the approved mix of residential dwelling unit
types which results in an increase or decrease of a specific unit type of more than five
percent (5 %).
(10) Architectural style. Any change in the approved architectural style of residential
dwelling unit types or nonresidential structures which results in:
a. in increase or decrease of a specific design of more than five percent (5 %) of
dwelling unit types; or
b. a visible change to the overall approved design concept that is not consistent
with approved architectural plans (e.g. changes to windows, roofs, entry
features, materials, color, style, context, bulk, mass, or relation to other
buildings).
(1 1) Building materials. Any significant changes in exterior building materials.
(12) Changes to phasing or conditions. Any changes to an approved development
phasing plan or any condition of development approval.
(13) Changes to developer's agreements. Any changes to an approved developer's
agreement.
(14) Other changes. Any change to an approved plan or any change to an approved plan
when considered cumulatively with prior minor amendments which, as determined by
the growth management director, deviates materially from the approval granted by the
planning and zoning commission or city council.
(c) Minor amendments. Minor amendments are changes to approved development orders
that are not considered major amendments as previously defined. Minor amendments may
be approved by the growth management director in consultation with other city staff and the
development review committee. The growth management director may determine minor
amendments are to be considered as major amendments.
Sec. 27. Miscellaneous review.
Nature of review. When a development order application is not consistent with any of the
City of Palm Beach Gardens/Land Development Regulations
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development review processes provided herein, the growth management director shall
determine the specific nature of review.
Sec. 28. Land Development Regulation Text Amendments.
Applications. Applications for an amendment to the text of the City's land development
regulations shall be prepared in detailed narrative form, and shall include the information listed
below.
(1) Amendment requested. The specific text amendment that is requested,
including language to be added and language to be deleted.
(2) Reason for request. The reasons for requesting the amendment.
(3) Supporting information. Any material or supporting documentation in
support of the request for a text amendment.
Sec. 29. Conditional uses.
(a) Criteria. In addition to the application requirements listed above, a development order
application for conditional use approval shall demonstrate compliance with the criteria listed
below.
(1) Comprehensive plan. The proposed use is consistent with the comprehensive plan.
(2) Code requirements. The proposed use is consistent with all applicable requirements
of this Code.
(3) Standards. The proposed use is consistent with the standards for such use as
provided in section
(4) Public welfare. The proposed use provides for the public health, safety, and welfare
by:
a. providing for a safe and effective means of pedestrian access;
b. providing for a safe and effective means of vehicular ingress and egress;
C. providing for an adequate roadway system adjacent to and in front of the site;
d. providing for safe and efficient onsite traffic circulation, parking, and overall
control; and
e. providing adequate access for public safety purposes, including fire and police
protection.
(5) Screening and buffering. The proposed use utilizes such techniques as landscaping,
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 38
screening, buffering, site or building design, or business operation procedures to mitigate
impacts on surrounding properties, including such impacts as:
a. noise;
b. glare;
C. odor;
d. ground -, wall -, or roof mounted mechanical equipment;
e. perimeter, interior, and security lighting;
f. signs;
g. waste disposal and recycling;
h. outdoor storage of merchandise and vehicles;
i. visual impact; and
i. hours of operation.
(6) Utilities. The proposed use minimizes or eliminates the impact of utility installation,
including underground and overhead utilities, on adjacent properties.
(7) Dimensional standards. The proposed use meets or exceeds all dimensional
requirements required by the Code.
(8) Neighborhood plans. The proposed use is consistent with the goals, objectives,
policies, and standards of neighborhood plans.
(9) Compatibility. The overall compatibility of the proposed development with adjacent
and area uses, and character of area development,
(10) Patterns of development. The proposed use will result in logical, timely, and
orderly development patterns.
(1 1) Purpose and intent. The proposed use will be in harmony with the general purpose
and intent of this Code and the goals, objectives, and policies of the City.
(12) Adverse impact. The design of the proposed use and structures will minimize any
adverse visual impacts or impacts caused by the intensity of the use.
(I 3) Environmental impact. The design of the proposed use minimizes any adverse
impacts that may be created, including impacts on environmental and natural resources
including air, water, stormwater management, wildlife, vegetation, and wetlands.
(b) Enforcement. In addition to the provisions of section , conditional uses are subject to
the enforcement procedures listed below.
City of Palm Beach Gardens/Land Development Regulations
39
Draft — 3/5/00
(1) Revocation. The City Council shall have the power to revoke conditional uses for
noncompliance with conditions of development approval.
(2) Removal. The City Council shall have a right of action to compel removal of offending
structures or uses at the cost of the violator and may record a lien against the property
to recover its costs.
(3) Inspections. The growth management department shall review and inspect
conditional uses to ensure compliance with conditions of approval. Failure to comply
with any or all conditions of approval shall be reported in writing to the City Council.
The report shall specify the manner in which the landowner is not complying with one
or more conditions of approval. The city council, upon receipt of the written report,
may:
a. request timely compliance with the conditions of approval;
b. direct initiation of code enforcement proceedings pursuant to Sec. 1 18 -_; or
C. initiate procedures to revoke the conditional use.
If the city council initiates procedures to revoke the conditional use, a hearing on the
report shall be scheduled within a reasonable time, and notice of the time and place of
the hearing shall be furnished to the landowner. If the city council finds that the facts
alleged in the report are true, and that the landowner has not taken the steps necessary
to fully comply with the conditions between the date of the report and the date of the
hearing, the city council may authorize the city manager to revoke the conditional use.
The city council also may authorize the city manager and take the necessary legal action
to terminate the conditional use and all uses authorized by that approval.
Sec. 30. Variance requests.
(a) Development Order Applications. Applications for a development order approval for a
variance shall be submitted and reviewed as provided in Sec. 118--.
(b) Public hearing. The board of zoning appeals (BZA) shall conduct a public hearing to review
the application. As a basis for approval, the board must determine the application is consistent
with the criteria listed below.
(1) Special conditions. Special conditions and circumstances exist which are peculiar to
the land, structure, or building involved and which are not applicable to other lands,
structures, or buildings in the same zoning district.
(2) Hardship. The special conditions and circumstances truly represent a hardship, and
are not created by any actions of the applicant.
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 40
(3) Literal interpretation. Literal interpretation of the provisions of this chapter would
deprive the applicant of rights commonly enjoyed by other properties in the same
zoning district under the terms of this chapter and would work unnecessary and undue
hardship on the applicant.
(4) Special privileges. The grant of a variance will not confer upon the applicant any
special privilege denied to any other owner of land, buildings, or structures located in
the same zoning district.
(5) Minimum variance. The variance granted is the minimum variance that will make
possible the use of the land, building, or structure.
(6) Purpose and intent. The grant of the variance will be in harmony with the general
intent and purpose of this chapter and land development regulations.
() Financial hardship. Financial hardship is not to be considered as sufficient evidence of
a hardship in granting a variance.
(8) Public welfare. The grant of the variance will not be injurious to the area involved or
otherwise detrimental to the public welfare.
(c) Approvals. In granting any variance, the BZA may approve such conditions and safeguards
deemed necessary to conform to the intent and purpose of this code. Violations of such
conditions shall be deemed a violation of this chapter. The board may also prescribe a
reasonable time limit to initiate the action granted by the variance and to complete such
action.
(d) Use variances prohibited. The BZA, unless specifically authorized by this code, shall not
grant a variance to establish a use not allowed as a permitted use or conditional use in any
overlay or zoning district, or a use not allowed within a planned district. Evidence
nonconforming use of neighboring lands, structures, or buildings in the same zoning district or
the permitted use of lands, structures, or buildings in other zoning districts shall not be
considered grounds for the authorization of a variance.
(e) Variance from development standards prohibited. The BZA, unless specifically
authorized by this code, shall not grant a variance from the additional development standards
of section _, affecting permitting, conditional, or prohibited uses.
(f) Variances in planned unit or planned community developments. The BZA shall not
grant a variance within any planned unit development or planned community development
overlay zoning district. Any deviation from applicable requirements shall be granted as a
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 41
waiver by the city council
Sec. 3 I. Public Notice.
(a) Public notice. Public notice, including mail notice, posting of property, and newspaper
advertising, shall be provided as required below and as indicated in Table _. In the event of
a conflict between the table and the text, the requirements of the text shall prevail.
Table
Required Public Notice for Public Hearings
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 42
Planning and Zoning Comm/
Board of Zoning Appeals /LPA
City Council
Action
Mail(I)
Newspaper(I)
Post(I)
Mail(I)
Newspaper(I)
Post(l)
Rezoning:
■City- initiated
10 Days
10 Days
15 Days
30 Days
As required by state
10 Days
■ < 10 Acres
law
Rezoning:
10 Days
■City- initiated
Before
As required by state
■ I 0 or > acres
10 Days
Public Hearing
15 Days
10 Days
law.
10 Days
Rezoning:
■Not City-
10 Days
10 Days
15 Days
10 Days
As required by state
10 Days
initiated
law.
LDR Text
Change:
Permitted,
None
10 Days
None
None
None
Conditional, or
As required by state
Prohibited Uses
law.
LDR Text
Change:
10 Days Prior to
Not Permitted,
None
10 Days
None
None
Ordinance
None
Conditional, or
Adoption
Prohibited
Usesg350
Conditional
Use
10 Days
10 Days
15 Days
10 Days
10 Days
Variance
10 Days
10 Days
15 Days
10 Days
10 Days dM
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 42
Comp Plan:
Land Use Map
10 Days
10 Days
15 Days
10 Days
As required by state
10 Days
Change
law.
Comp Plan:
Text Change
Affecting
None
10 Days
None
None
As required by state
None
Permitted Uses
law.
Comp Plan:
Text Change Not
Affecting
None
10 Days
None
None
As required by state
None
Permitted Uses
law
Small Scale
Land Use Map
10 Days
10 Days
15 Days
30 Days
10 Days
Change (City-
As required by state
initiated)
law
Small Scale
Land Use Map
10 Days
10 Days
15 Days
10 Days
10 Days
Change (Not
As required by state
City- initiated)
law
Notes.
(1) Number of calendar days prior to date of public hearing.
(2) Second public hearing held at least ten (10) days after first public hearing.
(3) The first public hearing must be held on a weekday, and both public hearings must be
held after 5:00 p.m. unless otherwise determined by the City Council.
(4) Public hearings must be held on a weekday.
(b) Mail notice. Mail notice of all future land use map amendments, rezoning ordinances, and
development order applications shall be provided as indicated below.
(1) Contents. Unless otherwise provided herein, mail notice of a public hearing shall
contain the following information:
a. the title and substance of the proposed ordinance or development order;
b. the time, date, and location of the public hearing for the planning and zoning
commission;
C. the time, date, and location of the public hearing for the city council;
d. the location of the property affected by the application with reference to the
nearest intersection of two or more streets;
e. the name, address, and telephone number of the office where additional
information can be obtained;
f. the times and place where the proposed ordinance or development order
application may be inspected by the public;
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 43
g. a notice that interested parties may appear the meeting or public hearing and
be heard with respect to the proposed ordinance or development order
application; and
h. an area map, indicating location of the affected property, may be provided.
(2) Class of mail.
a. Planning and zoning commission. Mail notice shall be provided by first
class mail, unless otherwise directed by the growth management director.
b. City council. Mail notice shall be provided by certified mail, with return
receipt requested.
(3) Postmark. Mail notice shall be postmarked no later than the minimum number of
calendar days as required in Table _ or as otherwise required by Chapters 163.3184
and 166.041, as amended.
(4) Property Owners Notified. Mail notice shall be provided to all property owners,
excluding property owned by the applicant, within 500 feet of the site affected by the
development order application.
(5) Property Owners List. The list of property owners shall be derived from the most
recent official tax roll of Palm Beach County. The applicant shall provide an affidavit
attesting to the completeness and accuracy of the property owner's list.
(6) Costs. The applicant shall provide postage, envelopes, and one (1) set of mailing labels
appropriate to the type of mail service utilized. In the event additional mail notice is
required, the applicant shall be responsible for postage, envelopes, and mailing labels.
(7) Procedure. The applicant shall provide and mail all required notices, and provide an
affidavit that notice was sent to all property owners included in the property owners list.
If a return receipt requested is utilized, the petition or application number shall be
indicated on the receipt.
(c) Posting of property. Property affected by a future land use map amendment, rezoning
ordinance, or development order application shall be posted as provided below.
(1) Signs. Signs shall be provided by the applicant, subject to criteria for size, contents, and
visibility approval by the growth management department.
(2) Posting. Property shall be posted by the applicant.
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 44
(3) Installation. Signs shall be posted in a workmanlike manner, able to withstand normal
weather events.
(4) Minimum Posting Requirements. At least one (1) sign shall be posted per 500
lineal feet of all property located along a public right -of -way, with a minimum of one (1)
signs per frontage, or as otherwise required by the growth management director. In the
event of unique circumstances affecting a property, signs shall be posted as required by
the growth management director.
(5) Deadline. Signs shall be posted at least 15 days prior to a public hearing.
(6) Affidavit. An affidavit, including photographs, attesting to the date of installation and
number of signs installed shall be provided at least five (5) prior to the required public
hearing.
(d) Minimum Newspaper Advertising Requirements. Newspaper advertising of public
hearings to consider all comprehensive plan text amendments, future land use map
amendments, rezoning ordinances, and development order applications shall be provided as
indicated below.
(1) Newspaper Type. The advertising shall be published in a newspaper of general paid
circulation, and of general interest and readership in the jurisdiction. The advertisement
shall appear in a newspaper published at least five (5) time per week.
(2) Costs. The applicant shall be charged a fee to defray all costs associated with
advertising for a public hearing to consider ordinances or development order
applications.
(3) Publication. The advertisement for the public hearings shall appear no later than the
minimum number of calendar days as required in Table , or as required by the
appropriate chapter of Florida Statutes, as amended.
(4) Comprehensive Plan Land Use Map and Permitted Use Text Changes. The
notice of public hearings to consider an amendment to the future land use plan map or
to comprehensive plan text changes which amend permitted, conditional, or prohibited
uses within a future land use plan category shall be published as required by Chapter
163.3 184, as amended, and as by Table .
(5) Comprehensive Plan Text Change Not Affecting Permitted Uses. The
notice of public hearings to consider an amendment to the text of the comprehensive
plan text changes which do not amend permitted, conditional, or prohibited uses within
a future land use plan category shall be provided as required by Chapter 163.3 184,
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 45
Florida Statutes, as amended and by Table _. The notice shall include the following
information:
a. the title of the proposed ordinance;
b. the time, date, and location of the public hearing for the local planning agency;
C. the time, date, and location of the public hearing for the city council;
d. the name, address, and telephone number of the office where additional
information can be obtained;
e. the time and place where the proposed ordinance may be inspected by the
public; and
f. a notice that interested parties may appear the meeting or public hearing and
be heard with respect to the proposed ordinance.
(6) Small Scale Land Use Plan Amendments. The notice of public hearings to
consider a small scale land use plan amendment shall be provided as required by Table
, or as required by the applicable provisions of Chapters 163.3184 and 166.041,
Florida Statutes, as amended. The notice shall include the following information:
a. the title of the proposed ordinance;
b. the time, date, and location of the public hearing for the local planning agency:
C. the time, date, and location of the public hearing for the city council;
d. the location of the property affected by the application with reference to the
nearest intersection of two or more streets;
e. the name, address, and telephone number of the office where additional
information can be obtained;
f. the times and place where the proposed ordinance or development order
application may be inspected by the public;
g. a notice that interested parties may appear the meeting or public hearing and
be heard with respect to the proposed ordinance or development order
application; and
h. an area map, indicating location of the affected property, may be provided.
(7) Rezoning Greater than 10 Acres and Code Changes Affecting Permitted
Uses. The notice of public hearings to consider rezoning ordinances affecting property
of more than ten (10) acres or to consider proposed ordinances which change the
actual list of permitted, conditional, or prohibited uses within a zoning category shall be
published as provided in Table , or as required by Chapter 166.041, Florida
Statutes, as amended.
(8) Rezoning Less than 10 Acres, Development Order Applications, and Code
Amendments not Affecting Permitted Uses. The notice of public hearings to
consider rezoning ordinances affecting less than ten (10) acres, development order
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 46
applications, or land development regulation amendments which do not affect
permitted, conditional, or prohibited uses shall be provided as required in Chapter
166.041, Florida Statutes, as amended, or Table _. The notice shall include the
following information, as applicable:
a. the title and substance of the ordinance or other type of development order,
including, as applicable, the type of development order application, the type of
principal uses proposed, the number of dwelling units, the type of dwelling
units, or the nature of the land development regulation amendment;
b. the time, date, and location of the public hearing for the planning and zoning
commission;
C. the time, date, and location of the public hearing for the city council;
d. the location of the property affected by the application with reference to the
nearest intersection of two or more streets;
e. the name, address, and telephone number of the office where additional
information can be obtained;
f. the times and place where the proposed ordinance or development order
application may be inspected by the public;
g. a notice that interested parties may appear the meeting or public hearing and
be heard with respect to the proposed ordinance or development order
application; and
h. an area map, indicating location of the affected property, may be provided.
(9) Land development regulation text change affecting permitted uses. The
notice of public hearings to consider land development regulations text changes affecting
permitted, conditional, or permitted uses within a zoning category shall be published as
provided in Table , or as required by Chapter 166.041, Florida Statutes, as
amended.
(e) Failure to Provide Notice. Failure to comply with the minimum number of days of
required newspaper advertising notice, mail notice, or posting of property shall result in an
automatic postponement of the application. The body holding the hearing shall schedule and
announce at the o6ginally scheduled public hearing the time, date, and location for the
postponed public hearing. The body holding the hearing, or growth management department
staff, may require additional newspaper advertising, mail notice, or posting of property for a
rescheduled public hearing. The applicant shall be required to defray all of the costs associated
with additional newspaper advertisement, mail notice, or posting of property for rescheduled
public hearings.
(f) Effect of Postponements. If the public hearing for a rezoning ordinance or development
order application is postponed more than once, or is postponed to a specific time, date, and
location, or is otherwise postponed such that the original public notice is no longer applicable,
City of Palm Beach Gardens/Land Development Regulations
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the growth management department staff may require additional public notice via newspaper
advertising, mail, or posting of property. Such additional public notice shall be at the expense
of the applicant.
Sec. 32. Reimbursement of Expenses Incurred by City.
(a) Cost of development order applications. It is declared to be the policy of the city
council that all applicants for development order approval requesting a rezoning, platting,
planned unit development, planned community development, conditional use, any type of
variance, site plan review, amendments to approved development orders, or any other similar
application shall prepare and present at their expense the necessary documentation and
information required by this code.
(b) Additional documentation requests. An applicant may request, through the growth
management director, information and documentation from the city engineer, city attorney,
or other city department relative to the application. If the request is in excess of the
information and documentation normally utilized to review the application, such additional
information and documentation shall be provided at the expense of the applicant.
(c) Third party experts.
(1) Employment. The city council, city manager, or growth management director may
determine that a third -party expert in the field of land planning, traffic engineering,
engineering, architecture, landscape architecture, or other similar area of professional
expertise is necessary to thoroughly review a development order application. Such
experts may be employed by the City, with the petitioner paying all reasonable costs for
such services.
(2) Reimbursement for third party experts. The applicant shall reimburse the city
for any costs associated with the employment of third party experts. The applicant shall
reimburse the city for such costs within five days of the date of receipt of an invoice for
such services. Failure by the applicant to make such reimbursement when due shall
delay the pending application until paid.
(d) Reimbursement for staff costs. The applicant shall reimburse the city for any excess time
spent by the city engineer, city attorney, or other city staff, together with the cost of any
document or drawings not part of the city records. The cost of time billed to the applicant
shall be the same cost as billed by the city engineer or city attorney, or the cost of city staff
time. The applicant shall reimburse the city for such costs within five days of the date of
receipt of an invoice for such services. Failure by the applicant to make such reimbursement
when due shall delay the pending application until paid.
City of Palm Beach Gardens/Land Development Regulations
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Sec. 33. Effective period of development orders and enforcement of conditions of
approval.
(a) Intent and purpose. The intent and purpose of this section shall be the items listed below.
(1) Growth management act. In conformity with and in furtherance of the purpose of
Chapter) 63, Part II, entitled "The Local Government Comprehensive Planning and
Land Development Regulation Act," referred to in this section as the Act, this section
establishes and implements time limitations upon the initiation and completion of
development to ensure that public facilities and services shall be available concurrent
with the impacts of development. This section is intended to ensure the efficient and
equitable distribution of capital facilities and services to proposed developments. The
approval of proposed developments has caused the city to budget for and to reserve
capacity for capital facilities and to plan for the delivery of services to the proposed
development within the time prescribed. In order to ensure development has been
initiated and is proceeding consistent with this section, the city shall monitor and review
approved development orders, to ensure consistency with the intent and purpose of
this section, and to further the goals, objectives and policies of the city s comprehensive
plan by:
a. Increasing the availability of capital facilities and services for future
developments by removing capacity reserved for approved developments that
do not meet the requirements of this section by initiating and completing
development within the time prescribed by this Code or development
approval;
b. Minimizing the creation of an inventory of residential, commercial and
industrial development which is artificially inflated;
C. To enhance the value and use of land within the city by identifying and
providing a system to revoke or amend development orders which have not
been fully executed; and
d. To ensure compliance with conditions of development approval.
(b) Suspension of development orders. Suspension of development orders may occur upon
failure to comply with one or more time requirements or failure to comply with a condition of
development approval.
(1) Expiration of time periods. Upon expiration of any time period established by this
Code or failure to comply with, or continued violation of, a condition of development
approval, no new development orders affecting the property shall be issued by the city,
and no action which might tend to vest the development order shall be permitted, until
a final determination is made by the growth management director, or designee, or city
council pursuant to subsection (f) of this section. This suspension of development rights
City of Palm Beach Gardens/Land Development Regulations
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shall not preclude the property owner from filing a new petition for the subject property
to amend or supersede an existing development order, or the city council or planning
and zoning commission from approving this petition. If the property owner files a new
petition, no new development orders shall be issued until the completion of the zoning
process, except the development order which approves the petition.
(2) Effect of suspension. This suspension of development rights shall have the following
effect on new petitions and code enforcement action:
a. If the property owner files a new petition, no new development orders shall
be issued until the completion of the zoning process, except the development
order which approves the petition.
b. If the city council or the planning and zoning commission directs staff to cite
the property owner for violating the provisions of the development order, no
new development orders shall be issued until the alleged violation has been
ruled upon by the code enforcement board and any enforcement action is
completed, or penalty is satisfied. This shall not, however, preclude
compliance with the specific condition after the city council or planning and
zoning commission has directed the code enforcement division to cite the
property owner for noncompliance with that condition.
(c) Time limitations. Development approvals shall have time limitations as follows:
(1) Variances. Unless the board of zoning appeals determines otherwise, an owner of
record or successors or assigns shall commence construction of the improvement or
improvements which are the subject of the variance within 12 months from the date of
approval. Time extensions for such a development approval shall not be granted. If
implementation of an approved variance is not initiated within such time frame, the
approval shall be null and void.
(2) Conditional uses. Such uses shall be initiated and placed in continuous use within two
years or as otherwise provided in the development order approving such use.
(3) Planned unit developments. Planned unit development shall comply with the
requirements provided below.
a. Residential planned unit developments shall have completed the recordation
of all plats and the installation of all infrastructure and common landscaping
prior to the buildout period of the development as referenced in the required
traffic impact analysis.
b. Nonresidential planned unit developments shall require the completion of the
entire developments as referenced in the required traffic impact analysis.
City of Palm Beach Gardens/Land Development Regulations
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(4) Parcels within approved planned community districts. Each parcel within an
approved planned community district shall have completed the recordation of the plats,
the installation of all infrastructure and common landscaping prior to the buildout period
of the planned community district, as referenced in the required traffic impact analysis.
(5) Site plans. Site plans shall comply with the requirements provided below.
a. Residential site plans shall have the recordation of all plats and the installation
of all infrastructure and common landscaping prior to the buildout period of
the site plans as referenced in the required traffic impact analysis.
b. Nonresidential site plans shall require the completion of the developments, in
their entirety, as referenced in the required traffic impact analysis.
(6) Development of regional impact. Time limitations pursuant to development orders
for developments of regional impact which have been approved after August 18, 1994,
shall be governed by the development order rendered for the project, as required
pursuant to Sections 380.06(15)(c)2 and 3, Florida Statutes.
(d) Accountability. It shall be the responsibility of the owner of record at the time of the
approval, or successors or assigns to monitor and adhere to the time limitations imposed by
this section. Failure of the owner of record or successors or assigns to request an extension
within such time frame shall render the development approval null and void.
(e) Notification. Notwithstanding that it is the responsibility of the owner of record, successors,
or assigns to monitor and adhere to the time limitations imposed by this section, the city may,
at its sole discretion and without further responsibility, provide the owner of record,
successors, or assigns with a written courtesy notice of the pending expiration of a
development approval. This notification is not intended to supplement state law or to form
the basis for a property owner to allege that the owner's rights to notice or due process have
been violated or abridged if the owner does not receive a timely courtesy notice or any
courtesy notice whatsoever.
(f) Extensions of time limitations. The following procedure shall govern the review of an
application to extend the time limit for a development order or conditions of approval.
(1) Administrative extensions of time. At the discretion of the city, the department
may issue one 90 -day administrative extension for the recordation of a plat, installation
of all infrastructure, and /or the installation of common landscaping prior to the buildout
of a residential development; or for the completion of a nonresidential development, in
its entirety, as referenced in subsection (c) of this section, for a project that has reached
a point of substantial completion, but however, will not be completed prior to the
City of Palm Beach Gardens/Land Development Regulations
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expiration date of the development order. This extension is subject to the owner's
satisfaction of all criteria listed below.
a. The submission of a complete application, together with the appropriate fee,
at least 60 calendar days prior to the buildout of a phase or the buildout of the
development.
b. Fees and submission of all receipts evidencing payment to the city for the
following, as applicable:
I. Plan review;
2. Building permit;
3. Engineering approval; and
4. An executed potable water and sanitary sewer service agreement.
(2) Procedure for city council review. The procedure for city council review of an
application to extend the time limit for a development order is provided below.
a. The owner of record may submit to the growth management department an
application for a request for a time extension of a development order. The
owner must submit a complete application together with the appropriate fee
to the department prior to the expiration date of the development order.
Time extension applications shall be subject to approval by the city council.
b. Following the receipt of an application to extend a development order, the
department shall determine whether or not the application contains sufficient
information to evaluate the need for an extension. The application shall be
evaluated based upon the standards of subsection (f)(3). of this section, as well
as any other information it determines to be relevant.
C. The information listed in this subsection, at a minimum, shall be required with
each application for a development order extension. The existence or
nonexistence of such information shall be the basis of reviewing the merits of
each application.
Provide an updated traffic impact analysis of the projected trip generation for
the specific application. If the project generates 1,000 or more average daily
trips, the analysis shall be subject to review by the city and the county. For
projects generating less than 1,000 average daily trips, the city engineer shall
make a recommendation to the city council as to whether an updated traffic
impact analysis should be required, based upon, but not limited to, the
following considerations:
(i) Length of time granted for the buildout of the project per the original
City of Palm Beach Gardens/Land Development Regulations
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development order;
(ii) Length of time extension requested by the applicant;
(iii) Increase or decrease of the capacity of the impacted roadways since
the granting of the original development order; and
(iv) Relative size and type of the project.
2. Provide a narrative addressing the following criteria which will be used by the
city council in evaluating the "good faith" efforts and progress of the developer:
(i) The number, type, and cost for professionals retained to design the
project and secure permits or approvals;
(ii) The number and type of permits /approvals obtained from the city and
other regulatory agencies;
(iii) The number and timeliness of plats recorded and /or phases
completed, if applicable;
(iv) The completion and /or progress of the site improvements and the
expenditure incurred or the establishment of surety thereof;
(v) Granting of right -of -way or other public dedications;
(A) The marketing effort to date and the results thereof, and
(vii) Financing and economic conditions.
3. A statement of the applicant's interest in the property and:
(i) If joint and several ownership, a written consent to petition by all
owners of record;
(ii) If a contract purchase, written consent of the seller or owner;
(iii) If an authorized agent, a copy of the agency agreement or written
consent of the owner;
(iv) If a lessee, a copy of the lease agreement and written consent of the
owner;
(v) If a corporate, partnership, or other business entity, the name of the
officer or person responsible for the application and written proof that
such representative has authority to represent the corporation,
partnership, or business entity or, in lieu thereof, written proof that he
or she is in fact an officer of the corporation; or
(vi) If a group of contiguous property owners, all the owners of the
property described in this petition must provide written consent.
4. A warranty deed with an affidavit from the applicant that the deed represents
the current ownership.
d. Upon determining that all required documentation has been submitted and
completing its review of the information submitted, the growth management
City of Palm Beach Gardens/Land Development Regulations
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department shall schedule the application for a public hearing by the city
council and, if applicable the planning and zoning commission, after giving due
notice. The city council may take one or more of the following actions.
. Approve a time extension not to exceed two years.
2. Amend the development order. The city council may require an amendment
to an approved plan to comply, to the maximum extent possible, with current
codes.
3. Revoke the development order and rezone the property to a zoning district
consistent with the comprehensive plan.
e. If the owner of record does not request a time extension, or if the time
extension is not granted, the concurrency certificate shall automatically expire
and no further development activity can occur without obtaining an
appropriate concurrency certificate pursuant to the concurrency management
system ordinance and the approval of a new development order.
(3) Procedures for city council review for noncompliance with a condition of approval.
a. Staff shall prepare a status report for review by the city council. The status
report shall contain the following:
Attempts by the property owner to complete the unfulfilled condition or
conditions.
2. The reliance by other parties on the timely performance of the activity.
3. Any circumstances which may have interfered with the ability of the property
owner to meet a time certain requirement.
4. Actions of other parties that may have precluded compliance.
S. The existence of extraordinary mitigating factors.
6. A land use consistency determination.
7. A land development regulations consistency determination.
8. A traffic performance standards compliance determination.
b. The city council shall conduct a public hearing and may take one or more of
the following actions:
. Approve a time extension not to exceed two years.
2. Revoke the conditional use.
3. Amend the development order. The city council may require an amendment
to an approved plan to comply, to the maximum extent possible, with current
codes.
4. Revoke the development order and rezone the property to a zoning district
City of Palm Beach Gardens/Land Development Regulations
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consistent with the comprehensive plan.
S. \Direct the code enforcement division to cite the property owner for failure to
comply with the conditions of approval.
Division 11.
Concurrency
Sec.34. Scope.
Scope. The method of ensuring concurrency shall be known as the concurrency
management system. The system is based upon the city comprehensive plan, especially the
capital improvements element and adopted level of service standards. The system is designed
to ensure that the adopted levels of service for specific public facilities will be maintained upon
issuance by the city of any development order. The system also includes a monitoring
program for determination of the availability of adequate capacity of public facilities to meet the
adopted level of service standards concurrent with project impacts.
Sec. 35. Compliance with adopted levels of service.
(a) Compliance. Al development order applications, except those exemptions as provided for
herein, shall demonstrate that the impacts from the proposed development comply with the
level of service standards adopted by the city.
(b) Concurrency determination
required. All applications for Steve: OK?
development order approval shall
include evidence of compliance with the
city's concurrency requirements or an application to obtain a concurrency certificate.
(c) Determination of available capacity.
(1) Capacity determination. A determination of available capacity under this chapter is
calculated by adding together all elements listed below.
a. the total capacity of existing facilities when operating at the adopted level of
service; and
b. the total capacity of new facilities, operating at their adopted level of service,
that will become available on or before the date of occupancy of the
development.
The capacity of new facilities may be counted only if one or more of the following is
shown.
City of Palm Beach Gardens/Land Development Regulations
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Construction of the new facilities is underway at the time of issuance of the
development order.
2. The funds for construction of new facilities are included in the first three years
of the adopted county five -year road program, or the adopted five -year state
department of transportation improvement program, or the city five -year
capital improvements element;
3. The new facilities are the subject of a binding, executed contract for providing
the facilities at the time of issuance of the development order.
4. The new facilities are guaranteed in a legally enforceable developer agreement
pursuant but not limited to Chapter 160 or Chapter 380, Florida Statutes. The
developer agreement must guarantee that the necessary facilities will be in
place when the impacts of the development occur.
(2) Capacity availability. The determination of available capacity is made by subtracting
from the sum of subsections (c)( I )a. and (c)( I )b. of this section the sum of.
a. the demand for the facility created by existing development; and
b. the demand for the facility that has been reserved for other proposed
developments by the issuance of a valid concurrency certificate.
Sec. 36. Action upon failure to show available capacity.
Demonstration of available capacity. Where available capacity cannot be shown pursuant to
this section, the methods listed below may be used to maintain the adopted levels of service.
(a) Provision of necessary improvements. The developer may provide the necessary
improvements to maintain the adopted level of service. In such case the development order
application shall include conceptual plans for improvements, documentation that such
improvements shall be designed to provide the capacity necessary to achieve or maintain the
adopted level of service, and recordable instruments guaranteeing implementation consistent
with the calculations of capacity.
(b) Amended application. The development order application may be amended to comply
with the adopted level of service.
(c) Phasing. The development order application indicates the proposed project may be phased
such that the projected level of service at the conclusion of each phase complies with the
adopted level of service.
Sec. 37. Burden of showing compliance.
The burden of showing compliance with the level of service requirements of this
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chapter shall be upon the applicant for the development order approval. In order to be
processed and reviewed for approval, development order applications shall provide
sufficient information showing compliance with these standards.
Sec. 38. Adopted levels of service.
(a) Roadway system. For the roadway system level of service, development activities shall not
be approved unless there is sufficient available capacity to sustain the following levels of service
for roadway systems as established in the transportation element of the city comprehensive
plan and indicated in this section.
(1) Methodology. For county and state roads, the methodology for evaluation of levels of
service shall be the Palm Beach County countywide traffic performance standards of the
county, as amended. For city roads, the method of evaluation shall be the city traffic
performance standards, as amended. For purposes of determining compliance with
traffic performance standards applicable to state, county, and city roads, all applications
shall be managed by the city.
(2) Submission of traffic impact studies.
Applications for development order
approval, including traffic impact studies and
relevant information, shall be submitted to Need date of interlocal agreement.
the city. The city shall, if necessary,
distribute all relevant information to the
county for evaluation. The county will review projects in the order determined by the
city. Review of applications for traffic concurrency shall occur consistent with the
procedures contained in the interlocal agreement between the city and the county,
dated
(b) Wastewater. Development activities shall not be approved unless there is sufficient available
capacity to sustain the following levels of service for wastewater treatment as established in the
sanitary sewer element of the city comprehensive plan expressed in gallons per day per capita
and as indicated in Table
Table
Sanitary Sewer Level of Service
Flow
GPD* per
capita
Average flow
107
City of Palm Beach Gardens/Land Development Regulations
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Peak flow 118
Note.
*GPD= Gallons per day.
(c) Solid waste. Development activities shall not be approved unless there is sufficient available
capacity to sustain the following levels of service for solid waste facilities as established in the
solid waste element of the city comprehensive plan expressed in pounds per capita as
indicated in Table
Table
Solid Waste Level of Service
Type of
Waste
Pounds per Day
per capita
Garbage
7.03
Yard Debris
1.18
(d) Drainage system. Development activities shall not be approved unless there is sufficient
available capacity to sustain the following levels of service for the drainage system as
established in the drainage element of the city comprehensive plan and the land development
regulations.
(1) New development. New development must comply with the criteria listed below,
and with the additional criteria of subsection (2).
a. Criteria No. 1. Finished floor elevation will be located above the flood or
high water level from a 100 year, 3 day storm event with zero discharge, or
the 100 -year flood elevation established by the Federal Emergency
Management Agency (FEMA) flood insurance rate maps, whichever is greater.
b. Criteria No. 2. Designed to accommodate either of the following
standards.
10 or more acres: conveyance and retention /detention designed for a three
day, 25 year storm event; or
2. Less than 10 acres: conveyance and retention /detention for a one day, 25
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 S8
(e)
year storm event.
(2) Additional criteria. Off site discharges are limited to the criteria listed below:
a. off -site discharge are limited to historic, pre - development discharges; and
b. retention /detention shall comply with either of the following:
wet storage is limited to the greater of the first one inch of run -off or 2.5
inches multiplied by the percent of impervious area for the project; or
2. dry storage will be at least 75% of wet storage.
(3) Roadways. Roadway flood protection for local roads shall:
a. protect from flooding the crown of the road during a ten year, one -day storm;
b. protect from flooding the crown of a road for all other roads during a 25 year,
one day storm; or
C. comply with county or Florida department of transportation (FDOT)
requirements where applicable.
(4) South Florida Water Management District. All of the levels of service in this
subsection shall be in accordance with applicable rules and regulations of the South
Florida Water Management District (SFWMD), as amended.
Potable water. Development activities shall not be approved unless there is sufficient
available capacity to sustain the following levels of service for potable water as established in
the potable water element of the city comprehensive plan expressed in gallons per day per
capita at a minimum pressure as indicated in Table
Table
Potable Water Level of Service Standards
Demand
Level of Service GPD.k
Average Annual Daily
Consumption
191 gpd /per capita
Peak 24 -Hour Water
Consumption
258 gpd /per capita
Storage Capacity
34.4 gpd /per capita
City of Palm Beach Gardens/Land Development Regulations
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Pressure
20 psi at distribution main**
Minimum Water Treatment
Plant Capacity
258 gpd /per capita
Note.
*GPD= Gallons per day.
**PSI= Pounds per square inch.
(f) Recreation. Development activities shall not be approved unless there is sufficient available
capacity to sustain the following levels of service for the recreational facilities as established in
the city comprehensive plan as indicated in Table
Table
Parks and Recreation Levels of Service
Type of Park Facility
Level of Service
Neighborhood and
Community Parks*
3.7 acres /1,000 population
(permanent residents
Note.
*= Improved parks.
Sec. 39. Certificate Required.
(a) Concurrency certificate required. Prior to an applicant being processed by the city, an
applicant must secure one of the following types of concurrency certification:
(I) certificate of exemption;
(2) certificate of concurrency reservation; or
(3) certificate of conditional concurrency reservation.
(b) Capacity reservation. Capacity reservation is on the first -come, first -served basis. The
date and time that an applicant's concurrency certificate is issued will establish when capacity of
public facilities has been granted.
Sec. 40. Concurrency certificates.
(a) Exemptions. There are specific projects or developments that are exempt from
City of Palm Beach Gardens/Land Development Regulations
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Draft — 3/5/00
concurrency and will be issued a certificate of exemption by the department upon an
application for a development permit or the granting of a time extension for a development
order. These exemptions are identified below.
(1) Vested development. Vested means any project for which a development order has
been granted prior to the adoption of the city concurrency management system and the
project has progressed in accordance with the concurrency requirements of the
development order and the city's land development regulations.
(2) Amendment to a vested development. A change to a vested project that does
not create additional impacts, provided that the project is in compliance with the original
development order and any amendments thereto.
(3) No additional impacts. Accessory buildings or structures that do not create
additional impacts on public facilities.
(4) Replacement. Replacement of an existing structure without creating any additional
impacts.
(5) Certain residential lots. Single- family and duplex residential units to be built on
existing platted or unplatted lots that were created prior to the adoption of the city
concurrency management system.
(6) Developments of regional impact. Developments of regional impact approved
prior to the adoption of the city concurrency management system and being
implemented in compliance with Chapter 380, Florida Statutes.
The city shall issue such projects a certificate of exemption, indicating the specific reason such
project is exempt and the specific amount of development, including number and type of
residential units, number and type of nonresidential building square feet, and any maximum
development limit, such as number of trips, phasing, or specific buildout dates that may be
associated with such project.
(b) Time extension. If the project has not progressed in accordance with the concurrency
requirements of the development order, the developer may request a time extension which
shall be heard and decided upon by the city council. The city council shall make a finding that
the developer has sufficiently complied with certain minimum criteria in granting a time
extension. The following shall be minimum criteria used by the city council in evaluating the
good -faith efforts and progress of the developer.
(1) Project design. The number, type and cost for professionals retained to design the
project and secure permits or approvals.
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(2) Permits obtained. The number and type of permits or approvals obtained from the
city and other regulatory agencies.
(3) Plats recorded. The number and timeliness of plats recorded and /or phases
completed, if applicable.
(4) Site improvements. The completion or progress of the site improvements and the
expenditure incurred or the establishments of surety thereof.
(5) Public dedications. Granting of right -of -way or other public dedications.
(6) Project marketing. The marketing effort to date and the results thereof.
(7) Economics. The criteria enumerated above shall be utilized by the city council to
determine whether or not a property owner, acting in good faith and reliance upon
actions of the city, has regularly and systematically expended funds, committed
resources, and undertaken development of the property. Failure to request a time
extension or if a time extension is denied, shall result in all reserved capacity of public
facilities being automatically relinquished. No further development activity can occur
without obtaining an appropriate concurrency certification pursuant to these land
development regulations.
(c) Certificate of concurrency reservation. This certificate is issued by the department and
constitutes proof that adequate public facility capacity exists and is reserved to accommodate a
proposed project at the time a project's impacts will occur.
(d) Certificate of conditional concurrency reservation. This certificate is issued if the
department determines the criteria listed below is applicable.
(1) Lack of capacity. The department determines that there is not sufficient public facility
capacity with regards to a given project.
(2) Development order approval. The applicant is desirous of requesting development
order approval for an application.
(3) Installation of required improvements. The applicant enters into negotiations
with the city to expand public facility capacity, at the applicant's expense, in accordance
with the adopted level of service as set forth in the capital improvement element of the
comprehensive plan and the land development regulations. Once the applicant and the
city reach a mutually acceptable understanding, a developer agreement shall be
prepared and shall become part of the development order. This agreement will ensure
City of Palm Beach Gardens/Land Development Regulations
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that adequate public facility capacity will be available at the time of project impacts.
Sec. 41. Development order applications not requiring concurrency certification.
(a) Concurrency not required. The following types of development order applications do
not need to be accompanied by a concurrency certificate, due to minimal impacts on public
facilities:
(1) rezoning, other than a development order application for a planned
community district or planned unit development;
(2) comprehensive plan amendment, including annexations, provided the
application will indicate the impact of proposed land uses on the city's public
facilities;
(3) variances;
(4) abandonment of right -of -way or easement; and
(5) requests to amend the city's land development regulations.
(b) Development order applications requiring concurrency certification. The
following types of development order applications must be accompanied by a concurrency
certificate, due to impacts on public facilities:
(1) building permit;
(2) planned community development rezoning;
(3) planned unit development rezoning including mixed use development;
(4) overlay zoning;
(5) site plan;
(6) subdivision plan or plat; or
(7) conditional use.
Sec. 42. Applications for concurrency.
(a) Review. Applications for approval of a concurrency certificate shall be filed with the
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department.
(b) Application submission. The department shall receive and act upon applications for a
certificate of concurrency reservation or conditional concurrency reservation only when the
request is part of an overall application for development approval. Concurrency certificates
shall be issued prior to the processing of the application for development order approval.
(c) Pre - application meetings. An applicant, prior to submission of a development order
application may meet with the department to discuss the request for concurrency review and
approval. The department may provide data and other information, as well as identify any
potential problems regarding capacity deficiencies.
Sec. 43. Required application material.
Application materials. Material to be submitted with the application for concurrency
certification are listed below.
(1) Fee and application. Application fee and completed application.
(2) Warranty deed. Warranty deed with affidavit from the applicant that the deed
represents the current ownership.
(3) Area location map. Vicinity map of the area within one mile surrounding the site,
including the following:
a. principal roadway network;
b. major public facilities such as public schools, city and county parks and
recreation areas, hospitals, public buildings, etc.; and
C. municipal boundary lines.
(4) Aerial photograph. An aerial photograph of the parcel, outlining the site and
delineating all contiguous zoning districts.
(5) Site plan. A site plan containing the following information:
a. boundaries of the site;
b. gross floor area, height, and proposed commercial, industrial, or other
nonresidential use;
C. number, height, and type (single family detached, zero lot line, townhouse,
apartment, etc.) of residential dwelling units;
d. proposed phasing, if applicable;
e. approximate location of proposed or existing streets, sidewalks or other
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pedestrian paths, and bicycle paths;
f. approximate location and acreage of public facilities, including parks, school
site, or similar uses;
g. approximate centerline, dimensions, and location of existing or proposed
roads, canals, intersections, easements, and utilities, and if existing, proposed,
or to be dedicated or reserved; and
h. a general information including north arrow (top of site plan if possible),
written and graphic scale, development and project name,
section/township /range, petition number (if applicable), date plans prepared
and date of any subsequent revisions, total acreage, and boundary dimensions.
(6) Authority. A statement of the applicant's interest in the property and:
a. if joint and several ownership, a written consent to petition by all owners of
record;
b. if a contract purchase, written consent of the seller or owner;
C. if an authorized agent, a copy of the agent's authorized agreement or written
consent of the owner;
d. if a lessee, a copy of the lease agreement and written consent of the owner;
e. if a corporation, partnership, or other business entity, the name of the officer
or person responsible for the application and written proof that the
representative has authority to represent the corporation, partnership, or
business entity or, in lieu thereof, written proof that such person is in fact an
officer of the corporation; or
f. if a group of contiguous property owners, all the owners of the property
described in the petition must provide written consent.
(7) Survey. A certified boundary and topographic survey, sealed by a surveyor licensed in
the State of Florida, including the following information:
a. scale of not less than one inch equals 200 feet;
b. legal description of property;
C. computation of the total acreage of the parcel to the nearest tenth of an acre;
d. existing contours at one -foot intervals based on field surveys or
photogrametric surveys, extending 100 feet beyond the parcel boundaries.
If submitted separately, the topographic survey will be sealed by a licenced surveyor.
(8) Drainage. Evidence that the proposed drainage system will be acceptable to the South
Florida Water Management District (SFWMD) and conform with the city land
development regulations. Evidence may be in the form of a drainage statement by the
developer's engineer demonstrating that the drainage system will be designed to meet
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these requirements and that legal positive outfall meeting the adopted level of service
will be provided for the project. Additional supporting calculations for larger projects
may also be required.
(9) Public utilities. Evidence, in the form of a statement from the Seacoast Utility
Authority or other provider, as applicable, that the proposed project will be able to
connect to public water and sewer facilities and there is sufficient capacity available to
meet the adopted levels of service. Within thirty days following development order
approval, a "Seacoast Utility Authority Capacity Allocation Commitment for Public Water
and /or Sewer Service" or similar statement, indicating reservation of water and sewer
capacity shall be delivered to the department. If the statement is not delivered as
required, the development order shall be automatically void and have no further effect.
When the proposed project is located in a remote area which is unable to connect to
the Seacoast Utility Authority system, individual wells and septic tanks or package
treatment plants can satisfy the concurrency requirements if the facilities meet the
adopted level of service.
(10) Traffic performance standards. Evidence that the proposed project meets the
standards of the Countywide Traffic Performance Standards Ordinance, as amended.
a. 1,000 or more trips. A statement from the county engineering department
that the proposed project conforms to the traffic performance standards and
that roadway capacity is reserved. The applicant shall obtain a similar
statement from the city engineer.
b. Less than 1,000 trips. Evidence the project, if generating less than 1,000
average daily trips, meets both the countywide standards and city standards,
and that roadway capacity is reserved.
(I I) Solid waste. Evidence the proposed project will be served by a disposal facility for
solid wastes, in the form of a statement from the Solid Waste Authority indicating the
availability of solid waste disposal capacity.
(12) Parks and recreation. Evidence the proposed project will conform to the city's level
of service standards for parks and recreation facilities, utilizing the requirements listed
below.
a. Impact on park and recreation facilities based upon a potential population of
2.4 persons per dwelling.
b. Impact on park and recreation facilities based upon a standard of 3.5 acres of
park per 1,000 persons.
C. Impact on park and recreation facilities based upon a requirement of
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dedication of 600 square feet of park area per dwelling.
d. Plans for providing one or a combination of neighborhood parks, community
parks, construction of recreation facilities, or dedication of land for district or
other park purposes, including the following information:
. size and location of parcel;
2. approximate value of parcel;
3. general parcel characteristics including topography, geology, soils,
natural and historic resources, vegetative communities and habitats,
wildlife, water bodies, submerged lands, aquatic habitats, easements or
rights -of -way within or adjacent to the parcel, and deed restrictions or
other constraints which could limit use or activities on the parcel;
4. consistency with parks master plan; and
S. for payment in lieu of construction or dedication, value of property
determined by MAI appraiser or total purchase price paid by the
applicant.
(13) Other information. Other information as may be requested by the growth
management director.
Sec. 44. Sufficiency review.
Sufficiency review. Within 14 week days after application submission, excluding holidays, the
applicant will be notified in writing of the results of the sufficiency review. If deficient, the department
will provide the applicant a written letter noting the deficiencies of the application.
Sec. 45. Concurrency reservations.
Reservation required. Prior to receiving processing a development order application, a certificate
of concurrency reservation or a certificate of conditional concurrency reservation. Certificates shall be
issued as provided below.
(1) Concurrency reservation. A certificate of concurrency reservation shall be issued
if a determination is made that there is adequate capacity in all the public facilities to
meet the impacts generated by the project.
(2) Conditional concurrency reservation. Should there not be sufficient capacity in
one or more of the necessary public facilities, the certificate of conditional concurrency
reservation process may be used.
(3) Denial or withdrawal. When a certificate of concurrency reservation or
conditional concurrency reservation is issued, the certificate is valid while the
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application for development order approval is being processed. If the development
order application is either denied or withdrawn, the concurrency certification
becomes immediately void.
(4) Existing development. If a development order application is filed to change an
approved development order, the concurrency certification for the existing
development order shall be applicable to the extent of equal or lesser impacts
resulting from the proposed change. If the proposed change creates additional
impacts, a concurrency certificate for the additional impacts shall be obtained.
(5) Development order approval. When a development order for a project is
approved, the concurrency certificate issued is valid for the time set forth in the
development order, or any amendments or time extensions thereto. Otherwise, the
certificate is valid for two years.
(6) Failure to progress. If a project has not progressed in accordance with an
approved development order and concurrency certificate, a time extension may be
requested pursuant to section _. For the purpose of this subsection, the term
"project" includes the following development order applications: planned community
district, planned unit development, mixed used development, subdivision plat, major
site plan, and conditional use.
(7) Failure to progress - minor projects. If a project has not progressed in
accordance with an approved development order and concurrency certificate, a time
extension may be requested pursuant to section _. For the purpose of this
subsection, the term "project" means a minor site plan or a building permit, for which
the developer may request a time extension. A minor site plan application shall be
considered and determined by the planning and zoning commission, while the building
official shall consider and determine an application related to a building permit.
(8) Failure to obtain concurrency certificate. If a time extension is not requested
or if the time extension is not granted, the concurrency certificate shall automatically
expire, and no further development activity can occur without obtaining a concurrency
certificate.
Sec. 46. Concurrency summary log.
Summary log. The department will maintain a concurrency summary log.
Sec. 47. Concurrency certificate decisions.
Decisions. The growth management director or designee shall be responsible to review and
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decide upon each request for a concurrency certificate.
Sec. 48. Appeals process.
Appeal. Appeal of decisions of the growth management director shall be made to the BZA pursuant
to section
Division 111.
Citywide Impact Fees
Sec. 49. Applicability.
(a) Applicability. This article shall apply to the incorporated portions of the city.
(b) Intent and purpose. This article shall implement the city's comprehensive plan. The
purpose of this article is to ensure that new development bears a proportionate share of the
cost of capital expenditures necessary to provide public safety, police, and fire /emergency
medical service protection services in the city as established by the comprehensive plan.
(c) Rules of construction. The provisions of this article shall be liberally construed so as to
effectively carry out its purpose in the interest of public health, safety and welfare. For
purposes of administration and enforcement of this article, unless otherwise stated in this
article, the rules of construction listed shall apply to the text of this chapter.
(1) If there is any difference of meaning or implication between the text of this article and
any caption, illustration, summary table, or illustrative table, the text shall control.
(2) The term "shall' is always mandatory and not discretionary; the term "may" is
permissive.
(3) Words used in the present tense shall include the future, and words used in the
singular number shall include the plural, and the plural the singular, unless the context
clearly indicates the contrary.
(4) The phrase "used for" includes "arranged for," "designed for," "maintained for," or
"occupied for."
(5) The term "person" includes an individual, a corporation, a partnership, an
incorporated association, or any other similar entity.
(6) Unless the context clearly indicates the contrary, where a regulation involves two or
more items, conditions, provisions, or events connected by the conjunction "and,"
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"or," or "either ... or," the conjunction shall be interpreted as follows:
a. "and" indicates that all the connected items, conditions, provisions or events
shall apply;
b. "or" indicates that the connected items, conditions, provisions, or events may
apply singly or in any combination; and
C. "either ... or" indicates that the connected items, conditions, provisions, or
events shall apply singly but not in combination.
(7) the term "includes" shall not limit a term to the specific example, but is intended to
extend its meaning to all other instances or circumstances of like kind or character.
(8) Unless the context clearly indicates to the contrary, the terms "public safety," "police
protection," "fire protection," "emergency medical services (EMS) ", and "parks and
recreation" shall have the same meanings given those terms in the city's
comprehensive plan.
(9) The land use types listed in section
pertaining to zoning.
(d) Imposition of fees.
shall have the same meaning as in section
(1) Fees required. Any person who, after September 23, 1993, seeks to develop land
by applying for the issuance of a building permit for one of the land use types specified
in section shall be required to pay an impact fee for the following services: police
protection, fire protection/EMS, and parks and recreation in the manner and amount
set forth in this chapter.
(2) Building permits. A building permit shall not be issued until all applicable impact
fees required have been paid. The amount of the impact fees shall be as set forth in
the schedules provided herein or as otherwise established pursuant to a city- approved
independent calculation. The feepayer shall have the option of using the fee schedule
or the independent calculation method.
(3) Existing uses. When change of use, redevelopment, or modification of an existing
use requires the issuance of a building permit, the impact fees shall be based upon the
net increase in the impact fee for the new use as compared to the previous use.
Sec. 50. Fees.
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Amount. The amount of the impact fees shall be determined by the schedules contained herein,
unless established by an independent calculation pursuant to Section
Schedule
Fire Protection and EMS Cost Schedule
Land Use Type
Development
Unit
Alarms per
Unit
Net Cost per
Alarm
Net Cost per
Unit
Single Family -
Detached
Dwelling
0.134
$2,577.34
$345.36
Multifamily
Dwelling
0.053
$2,577.34
$136.60
Mobile Home
Dwelling
0.007
$2,577.34
$ 18.04
Hotel/Motel
Room
0.094
$2,577.34
$242.27
Retail/
Commercial
1,000 Square
Feet
0.163
$2,577.34
$420.11
Office/
Institutional
1,000 Square
Feet
0.144
$2,577.34
$371.14
Industrial/
Warehouse
1,000 Square
Feet
0.037
$2,577.34
$ 95.36
Schedule 118-
Police Protection Cost Schedule
Land Use Type
Development
Unit
Calls per Unit
Net Cost per
Call
Net Cost per
Unit
Single Family -
Detached
Dwelling
1.40
$96.89
$135.65
Multifamily
Dwelling
0.48
$96.89
$ 46.51
Mobile Home
Dwelling
0.54
$96.899
$ 52.32
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Hotel/Motel
Room
1.12
$96.89
$108.52
Retail/
1,000 Square
2.18
$96.899
$211.22
Commercial
Feet
Detached
2.68
$558.34
Office/
1,000 Square
1.82
$96.89
$176.34
Institutional
Feet
$558.34
$1,105.51
Multifamily
Industrial/
1,000 Square
0.93
$96.899
$ 90.11
Warehouse
Feet
Hotel/Motel
1.09
$558.34
Schedule
Parks and Recreation Facility Cost Schedule
Sec. 51. Independent calculations.
(a) Method of independent calculations. The feepayer has the option of submitting
evidence to the growth management director indicating the impact fees as established in the
schedules set forth in section are not appropriate for the particular development or that
the feepayer or developer is entitled to additional credit. The growth management director
shall adjust the impact fee if substantial evidence is submitted that clearly demonstrates an
adjustment is necessary under the methodology upon which the impact fee is based. The
burden shall be upon the feepayer to provide all relevant data, analyses, and reports which
would assist the growth management director in making a determination. The analysis and
report must be based on generally accepted practices and methodologies and the formulas set
forth in this section.
(b) Independent calculation formulas. Any independent calculation shall use the formulas
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Peak Population
Net Cost per Peak
Net Cost per
Land Use Type
per Unit
Resident
Dwelling Unit
Single Family -
Detached
2.68
$558.34
$1,96.35
Single Family -
Attached
1.98
$558.34
$1,105.51
Multifamily
1.78
$558.34
$ 993.85
Mobile Home
1.47
$558.34
$ 820.76
Hotel/Motel
1.09
$558.34
$ 608.59
Sec. 51. Independent calculations.
(a) Method of independent calculations. The feepayer has the option of submitting
evidence to the growth management director indicating the impact fees as established in the
schedules set forth in section are not appropriate for the particular development or that
the feepayer or developer is entitled to additional credit. The growth management director
shall adjust the impact fee if substantial evidence is submitted that clearly demonstrates an
adjustment is necessary under the methodology upon which the impact fee is based. The
burden shall be upon the feepayer to provide all relevant data, analyses, and reports which
would assist the growth management director in making a determination. The analysis and
report must be based on generally accepted practices and methodologies and the formulas set
forth in this section.
(b) Independent calculation formulas. Any independent calculation shall use the formulas
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listed below.
(1) Police protection.
a. Cost per unit = Service call per unit x Cost per call.
b. Credit = Cost per unit x 0.0385.
C. Net cost = Cost per unit - Credit.
(2) Fire protection.
a. Cost per unit = Fire /emergency alarms per unit x Cost per alarm.
b. Credit = Cost per unit x 0.0385.
C. Net cost = Cost per unit - Credit.
(3) Parks and recreation facilities.
a. Cost per unit = Peak population per unit x Cost per Person
b. Credit = Cost per unit x 0.0385
C. Net cost = cost per unit - credit.
Sec. 52. In -kind contributions.
(a) Independent calculations. Independent calculations for credits for in -kind contributions
made after the effective date of the ordinance from which this article derives shall be
submitted to and approved by the growth management director prior to effecting the
contribution.
(b) Decision. The growth management director's action in adjusting or refusing to adjust the
impact fee pursuant to an independent calculation shall be in writing and must be transmitted
by certified mail to the feepayer.
(c) Covenant for reduced impact. The growth management director shall require that a
covenant running with the land be executed and recorded on the subject property where the
following factors apply:
(1) the independent calculation is based on a use of land having a lesser impact than that
upon which the schedule is based, as applicable;
(2) the property could be put to a use having a greater impact than that proposed with
such greater use not requiring future approval by the city; or
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(3) for such other reasons necessary to ensure compliance with this article.
The covenant for reduced impact shall indicate the name and address of the person or entity
who holds the fee simple interest in the land, and the name and address of the mortgagee, as
appropriate. The covenant shall recite the applicability of this article, and the facts and reasons
underlying its execution. It shall set forth the restrictions on the property, the terms and
conditions under which it may be released, and shall be enforceable by the city. The
covenant shall be reviewed and approved by the city attorney prior to execution and
recordation. The covenant shall not be amended without prior approval of the city attorney.
Sec. 53. Review.
(a) Biennial update. Under this article, the schedule of each impact fee shall be reviewed at
least once every two years to update costs, credits and generation rates. Where the review
warrants changed impact fees, this chapter shall be amended.
(b) Level of service analysis. The review shall include an analysis of the level of service for
each impact fee. If the average level of service is not consistent with the level of service upon
which the respective impact fee amount is based, the amount shall be adjusted based upon
the then - existing average level of service. Where the city desires to charge impact fees for a
level of service higher than the existing level of service, non - impact fee trust funds will be used
to offset existing deficiencies. The city shall fund such deficiencies in a reasonable amount of
time, but no later that five years from imposition of such fees.
Sec. 54. Trust funds.
(a) Trust funds established. There are established three impact fee trust funds, one for police
protection, one for fire protection and EMS, and one for parks and recreation facilities.
(1) Police protection trust fund. The police protection impact fees shall be
deposited in the police protection impact fee trust fund.
(2) Fire and EMS trust fund. The fire protection and EMS impact fees shall be
deposited in the fire protection impact fee trust fund.
(3) Parks and recreation facilities trust fund. The parks and recreation facilities
impact fees shall be deposited in the parks and recreation facilities impact fee trust
fund.
(b) Investment, use, and budgeting.
(1) Investment. The trust funds shall be invested by the city in interest- bearing sources,
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and all income derived shall accrue to the applicable trust fund.
(2) Use. The funds shall be used only for capital improvement costs for which the impact
fee was levied and which would add capacity needed to serve new development.
(3) Budgeting. The city manager shall identify in the city's annual budget those new
capital improvements for which the police protection, fire protection, and parks and
recreation facilities impact fees will be spent. The funds shall remain restricted to their
respective trust funds and the requirements of this article, and the city manager shall
ensure that the funds are expended and accounted for in accordance with this article.
(4) Audit. The city manager shall maintain such records and documentation necessary to
allow the effective audit of the use of the police protection, fire protection/EMS, and
parks and recreation facilities impact fees.
Sec. 55. Collection and administrative fees.
(a) Time of payment. The feepayer shall pay the police protection, fire protection/EMS, and
parks and recreation facilities impact fees to the city prior to the issuance of a building permit
which may be required for development listed in the schedules in Section_. A building
permit shall not be issued for any development listed in section _ until such fees have been
paid or until the city has accepted title to land area meeting the standards set out in this
section. For land uses not requiring a building permit, the authorization to develop shall not
be granted until the impact fees have been paid.
(b) Alternative payment. In lieu of all or part of the impact fees, the city council may accept
an offer by a feepayer to dedicate land or construct all or part of a police protection, fire
protection/EMS, or parks and recreation facilities project. Such construction must be in
accordance with state, county, or city design standards, whichever is applicable.
(1) Project construction. The feepayer shall submit a project description in sufficient
detail to allow the city to prepare an engineering and construction cost estimate.
(2) Land value. The manner of establishing fair market value of land to be dedicated
shall be determined by the city council. Costs to determine the land value, such as an
appraisal, shall be paid by the feepayer.
(c) Acceptance. If the city council accepts alternative payment, the city manager shall credit the
cost of this construction against the police protection, fire protection/EMS, or parks and
recreation facilities impact fees otherwise due. The portion of the fee represented by facilities
construction shall be deemed paid as follows:
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(1) when the construction is completed and accepted by the city; or
(2) when the feepayer posts security, as provided herein, for the costs of such
construction; or
(3) when the city has accepted title to land dedicated by the feepayer as full or partial
credit for a required impact fee payment.
Land dedicated to the city shall be conveyed free of any liens, and the costs of conveyance
shall be paid by the feepayer. Title insurance in favor of the city or an attorney's opinion of
title shall be provided in a manner acceptable to the city attorney.
(d) Surety or security. Security shall be posted with the city council, made payable to the city
in an amount approved by the city manager equal to 110 percent of the full cost of such
construction. If the construction project will not be constructed within one year of the
acceptance of the offer by the city council, the amount of the security shall be increased by ten
percent compounded, for each year of the life of the security. The type and form of the
security shall be reviewed and approved by the city manager's office prior to acceptance of the
security by city council.
(e) Deposit of funds. Al funds collected pursuant to this article shall be promptly transferred
for deposit into the appropriate trust fund to be held in separate accounts as determined in
section _. Impact fee collections shall be used exclusively for land acquisition, capital
improvements, or expansion related to the public purpose for which such fees were
collected. Funds shall be expended in the order in which they are collected.
(f) Administrative fee. The city shall be entitled to retain up to four percent of the impact fees
it collects as an administrative fee to offset the costs of administering this article. If impact fee
funds which were paid by check, draft, or other negotiable instrument, do not clear, the
building permit or development order authorizing the development for which the impact fees
were paid shall be suspended. The city shall send to the feepayer by certified mail notice of
the suspension of a development order. If the impact fees, together with any charges for the
funds not clearing, are not paid within ten business days following mailing of the notice, the
building permit or development order shall be of no further force and effect for purposes of
this article and a stop work order shall be issued. The stop work order shall not lifted until
such time as the impact fees are paid.
Sec. 56. Refund.
(a) Expiration of building permit. If a building permit expires and no construction has been
commenced, the feepayer shall be entitled to a refund of the impact fees paid as a condition
for its issuance, less the four percent of the fee retained as an administrative fee by the city.
The feepayer shall be entitled to a refund equal to 96 percent of the impact fee paid. No
interest will be paid to the feepayer on refunds due to noncommencement. Refunds resulting
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from the city's miscalculation of impact fees shall not be charged the administrative fees on the
amount refunded.
(b) Change in status. No refunds shall be given for a change in land use or structure after
occupancy has occurred.
(c) Return of fees. Any funds not expended or encumbered by the end of the calendar quarter
immediately following six years from the date the impact fee was paid shall, upon application
of the feepayer within 180 days of that date, be returned to the feepayer with interest at the
rate of six percent per annum.
Sec. 57. Exemptions and credits.
(a) Exemptions. Exemptions from payment of impact fees are established below.
(1) No additional demand. Alteration or expansion of an existing building or use of
land where no additional living units are created, where the use is not changed, and
where no additional demand for police or fire protection services will be produced
over and above that produced by the existing use.
(2) No additional living or dwelling units. The construction of accessory buildings
or structures which will not produce additional living units over and above those
located in the principal building or use of the land.
(3) Replacement. The replacement of a building, mobile home, or structure that was
in place on the effective date of the ordinance from which this article derives or the
replacement of a building, mobile home or structure that was constructed subsequent
thereto and for which the correct impact fee had been paid or otherwise provided
for, with a new building, mobile home, or structure of the same use, provided that no
additional impact will be produced over and above that produced by the original use
of the land.
(4) Public facilities. The construction of publicly -owned governmental buildings or
facilities.
(5) Abandonments. A use of a structure or land which has been abandoned for a
period of more than five years shall not be considered an existing or ongoing use for
purposes of exemptions or credits. Any previous payment of impact fees under this
article shall be credited against the appropriate impact fees owed as a result of the
change. The burden of demonstrating the existence of a use or structure or previous
payment of impact fees shall be upon the feepayer. When a use is existing, any
additional fees shall be based upon the alteration to the existing use or structure.
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(b) Credit.
(1) Improvements.
a. Al improvements to and /or land dedications for police protection, fire
protection and EMS, or parks and recreation facilities required under city
development approval shall be credited against impact fees up to the total of
the impact fees due. A feepayer proposing credit for land dedication shall
present property appraisals prepared by qualified professionals and a certified
copy of the most recent assessment of the property for tax purposes to be
used in determining the amount of the credit. However, the city retains the
right to determine the amount to be credited by preparing engineering and
construction cost estimates and /or property appraisals for those improvements
and /or land dedications.
b. Feepayers claiming credits for construction and /or land dedication shall submit
documentation sufficient to permit the growth management director to
determine whether such credits are due and, if so, the amount of such credits.
(2) Alteration, expansion or replacement. Where alteration, expansion or
replacement of a building or unit, or a change in land use existing on September 23,
1993, or presently existing which involves an increase in the number of units or
square footage or a change in use resulting in new impacts on police, fire and EMS, or
parks and recreation capital facilities for which the impact fee is assessed, credit shall be
allowed as provided herein. Credit shall be given for the number of existing units or
square feet based upon the existing or previous land use, and impact fees shall only be
assessed on the increased level of impact resulting from such alteration, expansion, or
replacement.
(3) Residential buildings. For an addition to an existing residential building in which
additional living units are created, the feepayer shall provide to the city manager a
certification of an architect setting forth the square footage of the existing building. For
an addition to an existing residential building, the feepayer, at his sole option, may pay
the impact fee for the addition as if it alone was a new building rather than provide the
certification of an architect setting forth the square footage of the existing building.
(c) Failure to claim. Exemptions or credits must be claimed by the feepayer at the time of the
application for a building permit. Any exemptions or credits not so claimed shall be deemed
waived by the feepayer.
Sec. 58. Appeals.
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Appeals. Any decision made by the city manager or designee in the course of administering
this article, may be appealed in accordance with those procedures set forth in this chapter for
appeals of administrative decisions.
Sec. 59. Liens and withholding of permits for nonpayment.
(a) impact fees are owed, the lien shall be of no force and effect, although the impact fees are
owed, although the impact fee debt shall remain. If the lien remains unpaid for more than 30
days following the recording of the notice, it may be foreclosed in the manner provided by
state law for the foreclosure of mortgages on real property.
(b) Building permits. If impact fees remain unpaid, no further building permits of any type shall
be issued on the property for which the impact fees remain unpaid. Building permits,
certificates of occupancy, or occupancy permits may be issued only upon full payment of any
previously owed impact fees, together with any interest owing, and current impact fees, if any.
Sec. 60. Violations and relief.
Violations. It shall be unlawful to violate this article, and any violation shall be punishable according
to law. However, in addition to or in lieu of any criminal prosecution, the city or any feepayer shall
have the power to sue for relief in civil court to enforce the provisions of this article. Knowingly
furnishing false information to the growth management director or other city official for any matter
relating to the administration of this article shall constitute a violation thereof.
Division IV.
Building Permits and Certificates of Occupancy
Sec. 61. Compliance.
Compliance. A building permit, sign permit, or other permit, or certificate, license, or other
document of approval, shall not be issued by the city until the growth management director or
designee has determined that the use of such permit or document complies with the requirements of
the chapter.
Sec. 62. Building permits.
Permits required. A building or other structure shall not be erected, moved, added to, or
structurally altered unless a building permit is issued by the city. A building permit shall not be issued
by the building official unless the permit complies with the requirements of this chapter.
Sec. 63. Certificates of occupancy.
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(a) Certificates required. It shall be unlawful to use or occupy any building, building addition,
land, or premises unless a certificate of occupancy is issued by the city. The use or occupancy
of any building, land, or premises shall comply with the requirements of this chapter.
(b) Nonconforming structures and uses. A nonconforming structure or use shall not be
maintained, renewed, changed, or extended until a certificate of occupancy has been issued
by the city. The certificate shall specify the reasons why a structure or use is nonconforming.
Within 12 months after the effective date of this section, the city shall notify in writing all
owners of nonconforming uses or structures and inform them of the requirements of this
section. Upon notification, the owners shall have three months to apply for a certificate of
occupancy. Failure to obtain a certificate of occupancy shall be a violation of these
regulations.
Sec. 64. Occupational licenses.
Application required. Requests for occupational licenses shall be submitted on application forms
provided by the city finance department, and shall be accompanied by such plans, documents, or
other information required by the city to ensure the proposed use or occupancy conforms to the
requirements of the chapter.
Article IV.
Zoning Districts.
Sec. 65. Zoning districts established.
Establishment. For the purpose of this chapter and for consistency with the city's comprehensive
plan, the zoning districts as indicated in Table _ are established.
Table
Zonine Districts
Abbreviation
District Name
RR 10
Rural Residential 10 District
RR 20
Rural Residential/20 District
RE
Residential Estate District
RL- I
Residential Low Density- I
District
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Abbreviation
District Name
RL -2
Residential Low Density -2
CONS
District
RL -3
Residential Low Density -3
District
RM
Residential Medium Density
District
RH
Residential High Density
District
RMH
Residential Mobile Home
District
PO
Professional And Office
District
CN
Neighborhood Commercial
District
CG- I
General Commercial District
CG -2
Intensive Commercial District
CR
Commercial Recreation
District
M -1
Research And Light Industrial .
Park District
M- I A
Light Industrial District .
M -2
General Industrial District
.
PA
Public And Institutional District
CONS
Conservation District
PUD
Planned Unit Development
District
PCD
Planned Community
, Development District
MXD
Mixed Use District
City of Palm Beach Gardens/Land Development Regulations
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Abbreviation District Name
PDA Planned Development Area
District
Sec. 66. District and other regulations.
District and other regulations. The regulations pertaining to each zoning district are established
in this article. Additional use, area, heigh, setback, and other regulations applicable to uses in each
zoning district are provided as supplementary district regulations in section . Other regulations
applicable to various classes of uses in each zoning district are established in other sections of this
chapter.
Sec. 67. RR 10/20 - Rural Residential District.
(a) Composition, intent, and compatibility of uses. The RR 10/20 rural residential districts
are composed primarily of areas containing low intensity development and are intended to
direct more intense, compact growth in the eastern areas of the city and to prevent urban
sprawl. The district regulations are designed to encourage limited agricultural uses to coexist
with residential uses. Agricultural uses permitted within the districts must be compatible with
the environmental characteristics and natural resources, as well as with the lifestyle and quality
of life of the residents.
(b) Permitted uses. Permitted uses are described in the chart in Table - _
(c) Property development regulations. Property development regulations, including
building site area and width, lot coverage, required setbacks, height limits, etc., are provided in
Table -
Sec. 68. RE - Residential Estate District.
(a) Composition and intent. The RE district is composed primarily of areas containing single -
family dwellings on large lots and open areas where such residential development will occur at
a very low density. The district regulations are designed to protect the residential character of
the districts by prohibiting commercial activities, to encourage a suitable neighborhood
environment for family life by including among the uses such facilities as schools and churches,
and to preserve the openness of the districts by requiring certain minimum yard and area
standards.
(b) Permitted uses. Permitted uses are described in the chart in Table -
(c) Property development regulations. Property development regulations, including
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82
building site area and width, lot coverage, required setbacks, height limits, etc., are provided in
Table -
Sec. 69. RL- I - Residential Low Density District.
(a) Composition and intent. The RL- I residential low density district is composed primarily
of areas containing single - family dwellings and open areas where such residential development
seems likely to occur at a low density, consistent with the comprehensive plan. The district
regulations are designed to protect the residential character of the districts by prohibiting
commercial activities, to encourage a suitable neighborhood environment for family life by
including among the uses such facilities as schools and churches, and to preserve the openness
of the districts by requiring certain minimum yard and area standards.
(b) Permitted uses. Permitted uses are described in the chart in Table -
(c) Property development regulations. Property development regulations, including
building site area and width, lot coverage, required setbacks, height limits, etc., are provided in
Table -
Sec. 70.. RL -2 - Residential Low Density Districts.
(a) Composition and intent. The RL -2 residential low density district is composed primarily
of areas containing single - family dwellings and open areas where such residential development
seems likely to occur at a low density, consistent with the comprehensive plan. The district
regulations are designed to protect the residential character of the districts by prohibiting
commercial activities, to encourage a suitable neighborhood environment for family life by
including among the uses such facilities as schools and churches, and to preserve the openness
of the districts by requiring certain minimum yard and area standards.
(b) Permitted uses. Permitted uses are described in the chart in Table -
(c) Property development regulations. Property development regulations, including
building site area and width, lot coverage, required setbacks, height limits, etc., are provided in
Table -
Sec. 71. RL -3 - Residential Low Density Districts.
(a) Composition and intent. The RL -3 residential low density district is composed primarily
of areas containing single - family dwellings and open areas where such residential development
will occur at a low density, consistent with the comprehensive plan. The district regulations
are designed to protect the residential character of the districts by prohibiting commercial
activities, to encourage a suitable neighborhood environment for family life by including among
City of Palm Beach Gardens/Land Development Regulations
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the uses such facilities as schools and churches, and to preserve the openness of the districts
by requiring certain minimum yard and area standards.
(b) Permitted uses. Permitted uses are described in the chart in Table -
(c) Property development regulations. Property development regulations, including
building site area and width, lot coverage, required setbacks, height limits, etc., are provided in
Table -
Sec. 72. RM - Residential Medium Density District.
(a) Composition and intent. The RM residential medium density district is composed
primarily of areas containing single - family and two- family dwellings and open areas where such
residential development seems likely to occur at a medium density, consistent with the
comprehensive plan. The district regulations are designed to protect the residential character
of the districts by prohibiting commercial activities, to encourage a suitable neighborhood
environment for family life by including among the uses such facilities as schools and churches,
and to preserve the openness of the districts by requiring certain minimum yard and area
standards.
(b) Permitted uses. Permitted uses are described in the chart in Table -
(c) Property development regulations. Property development regulations, including
building site area and width, lot coverage, required setbacks, height limits, etc., are provided in
Table -
Sec. 73. RH - Residential High Density District.
(a) Composition and intent. The RH residential high density district is composed mainly of
areas of high density and mid -rise buildings primarily for multifamily uses located in close
proximity to major commercial, service and /or employment centers consistent with the
comprehensive plan. These districts may also contain public or semipublic uses to support
high density residential development. The district regulations are designed to encourage and
complies with the tie down and foundation requirements of this section.
(b) Permitted uses. Permitted uses are described in the chart in Table -
(c) Property development regulations. Property development regulations, including
building site area and width, lot coverage, required setbacks, height limits, etc., are provided in
Table -
Sec. 74. RMH - Residential Mobile Home District.
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(a) Composition and intent. The RMH residential mobile home district is composed of areas
containing mobile home dwelling sites and designed to accommodate mobile homes for
permanent duration, as well as other uses compatible with mobile homes. Such areas shall be
suitable for residential purposes, and commercial, office, or other nonresidential uses are
prohibited. These districts encourage a suitable living environment for family life, including the
preservation of natural areas, provisions of common open areas and requiring minimum yard
and lot area standards.
(b) Permitted uses. Permitted uses are described in the chart in Table
(c) Property development regulations. Property development regulations, including
building site area and width, lot coverage, required setbacks, height limits, etc., are provided in
Table -
(d) Expansion. Requests to establish new or expanded mobile home parks shall be a
conditional use, subject to review as provided in section
(e) General requirements. Additional requirements applicable to existing, expanded, or new
mobile home parks are provided below.
(1) Sanitation, fire protection, and utility services. Sanitation, fire protection, and
utility services shall be provided to every mobile home dwelling in accordance with
state, county, and city health and safety requirements.
(2) Foundations and tie downs. Every mobile home dwelling shall be equipped with
a foundation and tie downs intended to secure such units against movement, settling,
or overturning. Foundations and tie downs shall meet the requirements of the city's
building code. A certificate of occupancy shall not be issued until a mobile home
complies with the tie down and foundation requirements contained herein.
(3) Site plan. A site plan of the mobile home park layout, including any proposed
phasing of development shall be provided by the applicant, consistent with the
requirements of section . In addition to the requirements of section _, the site
plan shall contain the information listed below.
a. The area and dimensions of the tract of land being developed.
b. The number, location and size of all mobile home lots.
C. A detailed drawing of the foundation for the placement of the mobile home.
d. The location and width of roadways, driveways and walkways.
e. The number, location and size of all off - street parking spaces.
f. The location and details of materials and construction of all walls, fences,
hedges, and all landscaping to be provided.
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g. The location of all utilities.
h. The size and location of playground areas within the mobile home park.
(4) Utilities. All mobile home parks shall be connected to central water and sewer
treatment systems.
(5) Minimum size. Each mobile home park site shall have a minimum of 25 acres.
(6) Minimum setbacks. The following minimum building setbacks shall be required
from the external boundaries of the park:
a. Front: 40 feet.
b. Side: 25 feet.
C. Rear: 25 feet.
Additional setback requirements are established in section
(7) Location. Not more than one mobile home dwelling shall be permitted on a single
lot.
(8) Rights -of -way and easements. Streets and driveways, drainage, utility, and other
easements shall comply with the specifications of the city as contained in this chapter.
(9) Paving and drainage. Paving and drainage shall comply with applicable city
standards.
(10) Screening. The area between mobile homes and the ground shall be screened
utilizing landscaping, skirting or similar materials.
(1 1) Recreation. At a minimum, each mobile home park shall be provided with a park
and recreational area having a minimum area of 150 square feet for each mobile
home space.
(12) Administrative space. Each mobile home park shall be provided with a
management office and such maintenance and service buildings as are necessary to
provide facilities for mail distribution, storage space for supplies, maintenance and
materials and equipment and laundry facilities.
(13) Screening and buffering. Screening and buffering on all sides of a mobile home
park abutting other residential zoning districts shall be provided as required in section
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(14) Accessory dwelling unit. A single - family dwelling may be constructed within a
mobile home park when used for security or management personnel. Such single
family homes must meet the minimum yard requirements of the RL -3 zoning district.
(15) Minimum street standards. Construction standards for all streets shall comply
with applicable city requirements. Minimum paving width, unless otherwise required
by the city engineer, for streets shall be as follows:
a. two -way street with guest parking permitted both sides, 36 feet;
b. two -way street with guest parking permitted one side only, 28 feet;
C. two -way street with no parking permitted, 20 feet;
d. one -way street with guest parking permitted both sides, 30 feet;
e. one -way street with guest parking permitted one side only, 22 feet; and
f. one -way street with no parking permitted, 14 feet.
(16) Entrance. The mobile home park entrance shall be at least 25 feet wide. Parking
within the entrance is prohibited.
Sec. 75. Residential Zoning District Regulations.
Table 18 -
Property Development Regulations - Residential Zoning Districts
Property
Development
Regulation
RR20
RR I 0
RE
RL- I
RL -2
RL -3
RM
RH
RMH
NOTE
Min. Site Area
------------------------------------
Single Family
20 Ac.
10 Ac.
I Ac.
15000
11000
6500
6500
11000
6000
(1)
Dwelling — —
— — —
— —
— —
— —
Sq. Ft.
— —
Sq. Ft.
— —
Sq. Ft.
— —
Sq. Ft.
— —
Sq. Ft.
— —
Sq. Ft.
— —
— —
Other Permitted
15000
11000
6500
10000
Uses
I Ac.
I Ac.
I Ac.
Sq. Ft.
Sq. Ft.
Sq. Ft.
(6)
(8)
Sq. Ft.
Min. Lot Width
(2)
(Feet)
300
300
125
100
90
65
(7)
()
1 (11)
Max. Gross
I Unit/
I Unit/
I Unit/
2
4
6.7
7
10
7
Density
20 Ac.
10 Ac.
I Ac.
Units/
Units/
Units/
Units/
Units/
Units/
1
(3)
Ac.
Ac.
Ac.
Ac.
Ac.
Ac.
Max. Lot
Coverage
10%
10%
20%
35%
35%
35%
35%
35%
35%
City of Palm Beach Gardens/Land Development Regulations
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Property
Development
Regulation
RR20
RR10
RE
RL -1
RL -2
RL -3
RM
RH
RMH
NOTE
2
2
2
2
2
2
2
Max. Building
Story/
Story/
Story/
Story/
Story/
Story/
Story/
NMT
1
(4)
Height
36 Ft.
36 Ft.
36 Ft.
36 Ft.
36 Ft.
36 Ft.
36 Ft.
45 Ft.
Story
Min. Building
Setbacks (Feet)
— — — — —
— —
— —
— —
— —
— —
— —
— —
— —
— —
— —
Front
------------------------------------
100
100
50
35
25
25
30
(9)
25
> 15
>10
>7.5
(5)
Ft. or
Ft. or
Ft. or
Side
— — — — —
50
— —
50
— —
25
— —
10%
— —
10%
— —
10%
— —
10
— —
(10)--
— —
7.5
—
— —
Side (Facing
Street)
80
80
40
20
20
20
20
(10)
15
Rear
100
100
50
25
15
10
20
(10)
15
Notes.
(1) SFD= Single Family Dwelling.
(2) Lot width measured from front building setback line.
(3) Density is two units per acre in the density reduction land use overlay district for RL -1,
RL -2, and RL -3 zoning districts.
(4) Maximum building height is the lesser of two stories or 36 feet, excluding the RH
zoning district.
(5) Side yard setback is greater of number of feet indicated or 10% of lot width.
(6) Minimum of 7,500 square feet for the first two- family unit, and a minimum of 5,150
square feet for each additional unit.
(7) Minimum of 90 feet for single family dwelling, minimum of 100 feet for any multifamily
dwelling.
(8) Minimum of 7,500 square feet for the first dwelling unit, and a minimum of3,278
square feet for each additional unit.
(9) 30 feet plus one foot for each foot of building height greater than 2 stories.
(10) 20 feet plus one foot for each foot of building height greater than 2 stories.
(1 1) 40 feet for a mobile home, 80 feet for any other permitted use.
Sec. 76. P/1 - Public/institutional District.
(a) Composition and intent. The PA public and institutional district is composed of areas
containing public and institutional facilities, such as schools, universities, hospitals, and
government offices, and parks and open
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(b) Permitted uses. Permitted uses are described in the chart in Table - _
(c) Property development regulations. Property development regulations, including
building site area and width, lot coverage, required setbacks, height limits, etc., are provided in
Table -
Sec. 77. CONS - Conservation District.
(a) Composition and intent. The CONS conservation district is composed of
environmentally sensitive or environmentally significant areas that should be preserved or
developed in a manner that is responsive to on -site environmental constraints. Development
is very limited and is permitted at a very low density, including certain select residential and
recreational uses, while still conserving the environment and natural features within the area.
(b) Permitted uses. Permitted uses are described in the chart in Table -
(c) Property development regulations. Property development regulations, including
building site area and width, lot coverage, required yards and setbacks, height limits, etc., are
provided in Table - _
Sec. 78. Civic and Institutional Zoning District Regulations.
Table -
Property Development Regulations - Conservation and Institutional Districts
Property Development
Regulation
P/I
CONS
Notes
Minimum Site Area
15,000
Square Feet
20 Acres
Minimum Lot Width (Feet)
100
300
(1)
Maximum Density
None
I Unit/20 Acres
Maximum Lot Coverage
40%
I %
Maximum Building Height
NMT 45 Ft. (1)
2 Stories/36
Feet
(2)
Minimum Building Setbacks (Feet)
Front
Side
25
15
100
50
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Side (Facing Street)
15
90
Rear
15
100
Notes.
(1) Lot width measured from front building setback line.
(2) Maximum building height is the lesser of two stories or 36 feet.
Sec. 79. PO - Professional and Office District.
(a) Intent. The PO professional and office district is intended to provide suitable space for
professional offices. It is intended that these districts be used as a transition between more
intensive commercial uses and residential development. These districts are designed to
protect the abutting and surrounding residential areas by requiring certain minimum yard and
area standards as described in this section be met.
(b) Permitted uses. Permitted uses are described in the chart in Table -
(c) Property development regulations. Property development regulations, including
building site area and width, lot coverage, required setbacks, height limits, etc., are provided in
Table -
Sec. 80. CN - Neighborhood Commercial District.
(a) Composition and intent. The CN neighborhood commercial district is composed of land
and structures occupied by or suitable for uses furnishing retail goods and services to satisfy the
daily household needs of the surrounding residential neighborhoods consistent with the
comprehensive plan. These districts shall locate on a collector or near the intersection of two
collectors and shall be small and conveniently located for most of the adjacent residential
areas. The district regulations are designed to permit the development of the districts and to
protect the surrounding residential areas by requiring that certain minimum standards
comparable to those called for in the residence districts.
(b) Permitted uses. Permitted uses are described in the chart in Table
(c) Property development regulations. Property development regulations, including
building site area and width, lot coverage, required setbacks, height limits, etc., are provided in
Table
Sec. 81. CG- I - General Commercial District.
(a) Composition and intent. The CG- I general commercial district provides both the retail
goods and services supplied by the neighborhood business districts and the wider range of
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retail goods and services required by residents or a group of neighborhoods. This district are
not intended to be suited for outdoor sales activities. The district shall be primarily oriented to
intersections of major thoroughfares within the city. To protect the abutting and surrounding
residential areas, only certain uses shall be permitted as provided in this article.
(b) Permitted uses. Permitted uses are described in the chart in Table
(c) Property development regulations. Property development regulations, including
building site area and width, lot coverage, required setbacks, height limits, etc., are provided in
Table
(d) General requirements.
(1) Enclosed activities. Sales, display, retail and business activities, and storage shall be
conducted within a completely enclosed building. Not more than 30 percent of gross
floor shall be utilized for storage of goods and merchandise.
(2) Secondhand merchandise. Sale, display, or storage of secondhand merchandise is
not permitted, except as incidental to the sale of new merchandise.
(3) Retail sales. Establishments allowed as permitted or conditional uses shall sell
products only at retail.
Sec. 82. CG -2 - Intensive Commercial District.
(a) Composition and intent. The CG -2 intensive commercial district is composed of land and
structures occupied by or suitable for intensive commercial uses primarily oriented to major
arterial roadways. These districts permit uses more intensive than those permitted in
neighborhood and general commercial districts and are intended to serve a larger area. To
protect the abutting and surrounding lower density uses, certain restrictions are placed on
uses.
(b) Permitted uses. Permitted uses are described in the chart in Table
(c) Property development regulations. Property development regulations, including
building site area and width, lot coverage, required setbacks, height limits, etc., are provided in
Table
Sec. 83. CR - Commercial Recreation District.
(a) Composition and intent. The CR zoning district consists of land and structures to be
utilized for commercial recreation facilities, transient lodging, and public or private cultural
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facilities, designed to be compatible with adjacent residential uses.
(b) Permitted uses. Permitted uses are described in the chart in Table
(c) Property development regulations. Property development regulations, including
building site area and width, lot coverage, required setbacks, height limits, etc., are provided in
Table
Sec. 84. M -1 - Research and Light Industrial Park District.
(a) Composition and intent. The M- I research and light industrial park district is composed of
land and structures suitable for light manufacturing, research and educational facilities,
wholesaling, and similar uses, developed in a planned park -like development, and compatible
with adjacent residential and nonresidential uses.
(b) Permitted uses. Permitted uses are described in the chart in Table
(c) Property development regulations. Property development regulations, including
building site area and width, lot coverage, required setbacks, height limits, etc., are provided in
Table
(d) District boundary setbacks. The minimum setback for principal and accessory structures
abutting a residential district shall be 75 feet.
(e) General requirements. Retail sales and consumer service establishments are allowed as
accessory uses to any permitted or conditional use. However, the commercial uses shall not
occupy more than five percent of the gross floor area of all buildings on any lot or group of
contiguous lots in common ownership or approved as part of one development order
approval.
Sec. 85. M -1 A - Light Industrial District.
(a) Composition and intent. The M- I A light industrial district is composed of land and
structures suitable for light manufacturing, wholesaling, and similar uses. These districts shall
have convenient access to present and future arterial roadways, highways, and railway lines.
These districts are usually separated from residential areas by business districts or by natural
barriers. The district should be buffered from adjacent residential and nonresidential uses
through the use of opaque walls, landscaping, berms, or any combination of such techniques.
(b) Permitted uses. Permitted uses are described in the chart in Table
(c) Property development regulations. Property development regulations, including
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building site area and width, lot coverage, required setbacks, height limits, etc., are provided in
Table
(d) District setbacks. The minimum setback for principal and accessory structures abutting a
residential district shall be 75 feet.
Sec. 86. M -2 - Heavy Industrial District.
(a) Composition and intent. The M -2 heavy industrial district is composed of land and
structures occupied by or suitable for heavy manufacturing and related activities. Located for
convenient access to present and future arterial roadways and railway lines, these districts are
usually separated from residential areas by business districts or natural barriers. The district
should be buffered from adjacent residential and nonresidential uses through the use of
opaque walls, landscaping, berms, or any combination of such techniques.
(b) Permitted uses. Permitted uses are described in the chart in Table
(c) Property development regulations. Property development regulations, including
building site area and width, lot coverage, required setbacks, height limits, etc., are provided in
Table
(d) District setbacks. The minimum setback for principal and accessory structures abutting a
residential district shall be 75 feet.
Sec. 87. Nonresidential Zoning District Regulations.
Table
Property Development Regulations - Nonresidential Zoning Districts
Property
Development
Regulation
PO
CN
CG -1
CG -2
CR
M -1
M- I A
M -2
NOTE
Minimum Site Area
15000
Sq. Ft.
(4)
1 Ac.
I Ac.
5 Ac.
20 Ac.
5 Ac.
10 Ac.
Minimum Building
10000
15000
20000
Site Area
None
None
None
None
None
Sq. Ft.
Sq. Ft.
Sq. Ft.
Minimum Lot Width
100 Ft.
100 Ft.
100 Ft.
100 Ft.
100 Ft.
100 Ft.
100 Ft.
100 Ft.
(1)
Max. Lot Coverage
35%
35%
35%
35%
35%
40%
60%
60%
Max. Building
Height (Feet)
36 Ft.
36 Ft.
36 Ft
36 Ft.
36 Ft.
50 Ft.
50 Ft.
1 50 Ft
(2)
City of Palm Beach Gardens/Land Development Regulations
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(1) Lot width measured at the front building setback line.
(2) Maximum building height is the lesser of two stories or 36 feet, unless otherwise
noted.
(3) 15 feet for first two stories, 27 feet above 2 stories.
(4) 1 acre minimum and 3 acre maximum.
(5) Setback is the total of number of feet indicated plus one foot for each foot of height
over two stories.
(6) Additional perimeter or boundary setback of 75 feet required when abutting a
residential zoning district.
Sec. 88. PUD - Planned Unit Development Overlay District.
(a) Purpose and Intent. The PUD planned unit development overlay district is established to
permit and encourage more efficient and creative development or redevelopment of
property; to encourage an economical and efficient arrangement of buildings; to provide
maximum opportunity for application of innovative concepts of development in the creation of
aesthetically pleasing living, shopping and working environments on properties of adequate
size, shape and location; to preserve the natural amenities and environmental assets of the
land by encouraging the preservation and improvement of scenic and functional open areas; to
provide architectural and design features which are aesthetically pleasing and supportive of an
enhanced quality of life; provide one or more specifically identifiable benefits to city residents;
and to ensure that development occurs according to limitations of use, design, density,
coverage, and planning as stipulated in an approved development plan. The PUD district is a
flexible zoning district which is intended to provide an appropriate balance between the
intensity of development and the ability to provide adequate capacity within the support
service and facilities.
(b) Land use. A PUD may be considered residential, commercial, professional office, industrial,
or mixed use, dependent upon the underlying future land use plan designation.
(c) Zoning. Property shall be rezoned to both an underlying zoning district and a planned unit
development overlay district. The underlying zoning district designation shall be consistent
with the comprehensive plan. The PUD shall be developed consistent with the uses,
City of Palm Beach Gardens/Land Development Regulations
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Minimum Building
Setbacks (Feet)
- - - - --
--
--
--
--
--
--
--
--
--
Front
- - - - --
25
--
40
--
50
--
40 (5)
--
40 (5)
--
25
--
25
--
35
--
--
Side — — — —
(3)
—30
—15
20(5)—
20 (5)
—15
—15
—20
(6)
Side (Street Facing)
(3)
—30
—40
30 (5)
30 (5)
—15
—15
—25
(6)
Rear
(3)
30
15
15 (5)
15 (5)
20
20
25
(6)
Notes.
(1) Lot width measured at the front building setback line.
(2) Maximum building height is the lesser of two stories or 36 feet, unless otherwise
noted.
(3) 15 feet for first two stories, 27 feet above 2 stories.
(4) 1 acre minimum and 3 acre maximum.
(5) Setback is the total of number of feet indicated plus one foot for each foot of height
over two stories.
(6) Additional perimeter or boundary setback of 75 feet required when abutting a
residential zoning district.
Sec. 88. PUD - Planned Unit Development Overlay District.
(a) Purpose and Intent. The PUD planned unit development overlay district is established to
permit and encourage more efficient and creative development or redevelopment of
property; to encourage an economical and efficient arrangement of buildings; to provide
maximum opportunity for application of innovative concepts of development in the creation of
aesthetically pleasing living, shopping and working environments on properties of adequate
size, shape and location; to preserve the natural amenities and environmental assets of the
land by encouraging the preservation and improvement of scenic and functional open areas; to
provide architectural and design features which are aesthetically pleasing and supportive of an
enhanced quality of life; provide one or more specifically identifiable benefits to city residents;
and to ensure that development occurs according to limitations of use, design, density,
coverage, and planning as stipulated in an approved development plan. The PUD district is a
flexible zoning district which is intended to provide an appropriate balance between the
intensity of development and the ability to provide adequate capacity within the support
service and facilities.
(b) Land use. A PUD may be considered residential, commercial, professional office, industrial,
or mixed use, dependent upon the underlying future land use plan designation.
(c) Zoning. Property shall be rezoned to both an underlying zoning district and a planned unit
development overlay district. The underlying zoning district designation shall be consistent
with the comprehensive plan. The PUD shall be developed consistent with the uses,
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 94
property development regulations, and other standards applicable to the underlying zoning
district. However, the city council may, as part of an overall PUD development order,
establish use, property development, and similar regulations for a specific PUD. In that event,
the requirements of the development order shall prevail over the underlying zoning district
designation.
(d) PGA Boulevard. Al development along the PGA Boulevard corridor shall be rezoned to
PUD or PCD, consistent with the PGA Boulevard corridor overlay zone of section 118-
(e) Permitted uses. Unless otherwise established by a PUD development order, the uses
permitted in the PUD district shall be governed by the uses permitted in the underlying zoning
district.
(f) Unified control. Al land included within a PCD or PUD shall be owned or under the
control of the applicant. The applicant shall document unified control of the entire area within
the proposed PUD. The applicant shall agree that the PUD will be developed in accordance
with the master development plan approved by the city.
(g) Density. The density permitted in a PUD district shall not exceed the allowable density
permitted in the comprehensive plan. Residential densities permitted in a PUD shall comply
with the standards provided below.
(1) Residential PUD. Residential PUDs may comprise a mixture of residential dwelling
unit types, limited to the maximum density indicated in Table _
Table
PUD Residential Density Limits
Density
Category*
Maximum
Dwelling units
per gross acre
Low
5.0
Medium
9.0
High
12.0
Note.
*Density categories as established by
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 95
comprehensive plan.
(2) Density bonus. In high density residential land use areas as designated in the
comprehensive plan, the city council may approve a density bonus of up to 3.0
dwelling units per acre in PUDs. The density bonus may be allowed in development
order applications which propose to construct affordable housing as defined in the
city's comprehensive plan. The city council may allow an increase in the total gross
density for PUDs to an absolute maximum of 15.0 dwelling units per acre. However,
in no case shall the net density exceed 15.0 dwelling units per acre. Net density shall
be defined as the total number of dwelling units divided by the total number of acres
in the site plan.
(3) Commercial development in residential PUDs.
a. Limit. Not more than three percent (3 %) of the gross land area of a
residential PUD may be developed for development - serving commercial or
office uses. Uses in residential PUD commercial areas shall be same as the
permitted or conditional uses in the CN zoning district.
b. Building permits. Building permits shall not be issued for construction of
any portion of a residential PUD commercial structure until at least 50 percent
of the total number of dwelling units within the PUD are under construction.
C. Location. Commercial development in residential PUDs shall be
constructed in one or more locations that optimize availability to residents of
the PUD. Commercial developments shall not be located within one - quarter
mile of any arterial or collector roadways abutting the perimeter of a PUD.
(4) Mixed use PUD.
a. Establishment. Planned unit developments with an underlying mixed use
future land use plan designation or more than one underlying future land use
plan designation may be approved by the city council. Mixed use PUDs shall
include a minimum of three types of land uses and shall be planned for a
diversification of uses, structures, and open spaces in a manner compatible
with surrounding land uses and development patterns. A single use shall not
occupy more than 60 percent of the site area proposed for a mixed use PUD
b. Specific requirements. Requirements applicable to mixed use PUDs are
established in section
(5) Commercial recreation PUD. A PUD with an underlying commercial recreation
City of Palm Beach Gardens/Land Development Regulations
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future land use designation may be designed to accommodate major public and
private commercial recreation facilities that meet a portion of the recreational needs of
residents and tourists. Uses permitted within this category include golf courses,
outdoor and indoor recreational facilities such as tennis clubs, amusement and sport
centers, outdoor amphitheaters, hunting and gun clubs, and outdoor wildlife
attractions.
(6) PGA Boulevard. Consistent with the PGA Boulevard planning and design
regulations, all development along the PGA Boulevard corridor shall be restricted to
promote and preserve the character of the corridor. The uses prohibited in the PGA
Boulevard corridor overlay, as provided in section _ may not be waived by the
City Council.
(7) Development area. Minimum development sizes for PUDs are established in
Table
Table .
Minimum PUD Development Size
Area
Minimum
Development Size
North of PGA and West of Florida Turnpike
250 Acres
North of PGA and East of Florida Turnpike
50 Acres
West of Loxahatchee Slough
250 Acres
South of Donald Ross Road and between
Central Boulevard and Alternate A I A
None
All Other Areas
I Acre
Residential PUD with Commercial Area
20 Acres*
Note.
*Minimum arterial roadway frontage of 500 feet required.
(8) Building site size. There are no minimum building site size requirements for each
individual structure proposed within the PUD development plan. However, open
space shall be provided around each building to provide adequately for light, air, and
proper relationship of the building to the site consistent with the level of service
standards and policies set out in the comprehensive plan.
(9) Building lot coverage. The maximum building lot coverage shall conform to the
City of Palm Beach Gardens/Land Development Regulations
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approved final PUD development plan.
(10) Building height limit. The maximum building height in a PUD shall be established
in the development order approved by the city council. Final determination of
maximum building height shall consider the following:
a. the proposed uses of the structure;
b. the bulk, mass, and context of adjacent structures or proposed structures;
C. the compatibility with adjacent existing or proposed uses;
d. the relationship to the adjoining uses and the surrounding development; and
e. the provision of open space in the proposed PUD.
(1 1) Setbacks required. The city council may impose appropriate setbacks along the
perimeters of PUDs as a means to buffer the adjacent land uses. However, a setback
shall be at least twenty (20) feet for PUDs proposing commercial and industrial uses
adjacent to lower intensity land uses such as but not limited to conservation,
residential, recreational, and institutional uses.
(12) Open space requirements. All residential and nonresidential PUDs shall provide,
at a minimum, the open space required below.
a. residential PUDS: 40 percent of gross land area; and
b. nonresidential PUDs: 15 percent of gross land area.
The open space requirement for residential PUDs may be reduced, to a minimum of
35% by the city council. The reduction may occur if at least 50 percent of the
required open space consists of environmentally sensitive preserve areas or common
open space. The amount of required open space in a nonresidential PUD may be
increased to a maximum of 25 %, subject to the environmentally sensitive lands
preservation requirements of section _,
(13) Mixed use open space. The open space requirements of this section shall apply to
the various parcels within a mixed use PUD. However, a minimum of 25% of gross
land area shall be retained as open space within a mixed use PUD.
(14) Open space determination. Open space shall be provided consistent with the
requirements of section
(15) Waiver. A development order application for a PUD may request one or more
waivers from the following:
a. the standards of this section;
City of Palm Beach Gardens/Land Development Regulations
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b. the supplementary standards of article ; and
C. the applicable standards of the underlying zoning district.
The uses prohibited in the PGA Boulevard corridor overlay district as referenced in
section _ may not be waived.
(16) Criteria for a PUD waiver. A request for waiver shall comply with a
preponderance of the criteria listed below.
a. The request is consistent with the city's comprehensive plan.
b. The request is consistent with the purpose and intent of this section.
C. The request is in support of and furthers the city's goals, objectives, and
policies to establish development possessing architectural significance,
pedestrian amenities and linkages, employment opportunities, reductions in
vehicle trips, and a sense of place.
d. The request demonstrates that granting of the waiver will result in a
development that exceeds one or more of the minimum requirements for
PUDs.
e. The request for one or more waivers results from innovative design in which
other minimum standards are exceeded.
f. The request demonstrates that granting of the waiver will result in
preservation of valuable natural resources, including environmentally sensitive
lands, drainage and recharge areas, and coastal areas.
g. The request clearly demonstrates public benefits to be derived, including but
not limited to such benefits as no -cost dedication of rights -of -way, extensions
of pedestrian linkages outside of the project boundaries, preservation of
important natural resources, and use of desirable architectural, building, and
site design techniques.
h. Sufficient screening and buffering, if required, is provided to screen adjacent
uses from adverse impacts caused by a waiver.
i. The request is not based solely or predominantly on economic reasons.
j. The request will be compatible with existing and potential land uses adjacent
to the development site.
City of Palm Beach Gardens/Land Development Regulations
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k. The request demonstrates the development will be in harmony with the
general purpose and intent of this section, and that such waiver or waivers will
not be injurious to the area involved or other wise detrimental to the public
health, safety, and welfare.
(h) Storage areas. The city commission may allow PUDs to identify on the master PUD site
plan a parcel or area to be established for residents to store boats, recreational vehicles,
trucks, or similar items that normally cannot be parked or stored at a residence.
(1) Storage areas shall be screened with an opaque barrier consisting of fences, walls,
berms, landscaping, or any combination thereof. The screening shall be at least six
feet in height, and shall be consistent with the landscaping and architectural theme for
the PUD.
(2) The PUD shall be at least 50 acres in size.
(3) At least one storage space per 10 units shall be provided.
(i) Communication towers. Any PUD of 50 acres or more may allow a potential
communication tower site, to be identified on the master PUD site plan. The tower site shall
comply with the standards listed below.
(1) The site shall be at least 10,000 square feet, with minimum dimensions of 100 feet by
100 feet.
(2) The tower shall be considered an accessory use in the PUD.
(3) In a PUD with mixed residential and nonresidential uses, a building at least 40 feet in
height may substitute as a tower site.
Sec. 89. PCD - Planned Community Development Overlay District (PCD).
(a) Composition and intent. The PCD overlay district is composed of large tracts of land
which are planned to function as a relatively self - contained and identifiable district, section, or
neighborhood community of the city. It is the intent of the district regulations to encourage
ingenuity and imagination in the planning and development or redevelopment of suitable tracts
of land large enough to accommodate the various uses and activities associated with a planned
community and to permit a large area to be developed under one master plan that includes a
mix of land use types at different levels of intensity. The PCD overlay district also is intended
to encourage the use of architectural and design features which are aesthetically pleasing and
supportive of an enhanced quality of life. The PCD overlay district also is intended for
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 100
development to occur in a manner that provides one or more specifically identifiable benefits
to city residents.
(b) Land use. A PCD may be considered for residential, commercial, professional office, or
industrial use, dependent upon the underlying future land use designation.
(c) Zoning. Property shall be rezoned to both an underlying zoning district and a planned
community development overlay district. The underlying zoning district designation shall be
consistent with the comprehensive plan. The PCD shall be developed consistent with the
uses, property development regulations, and other standards applicable to the underlying
zoning district. However, the city council may, as part of an overall PCD development order,
establish use, property development, and similar regulations for a specific PCD. In that event,
the requirements of the development order shall prevail over the requirements of the
underlying zoning district designation.
(d) Phased development. Based upon an approved master development plan, the district may
be developed in phases, pursuant to the site plan review procedures set out in this chapter
and consistent with the approved master development plan.
(e) Permitted uses. Unless otherwise established by a PCD development order, the uses
permitted in the PCD district shall be governed by the uses permitted in the underlying zoning
district. The density permitted in a PCD shall not exceed the allowable density permitted in
the comprehensive plan, based upon the standards listed below.
(1) Residential. A mixture of residential types of dwelling units are permitted and
encouraged, limited to the maximum density indicated in Table 118-
Table
Maximum Residential Density in PCDs
Density
Category*
Maximum
Dwelling
units/ gross acre
Low
5.0
Medium
9.0
High
12.0
Note.
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 101
*Density categories as established by
comprehensive plan.
(f) Preservation of native ecological habitats in RH districts. In addition to section
_, PCDs with an underlying future land use designation of RH may have densities permitted
up to 15.0 units per gross acre if large contiguous areas of native ecological habitats are
preserved. These preserve areas exceed any minimum preservation and open space areas
provided in accordance with standard PCD requirements.
(g) Density bonus. In high density residential land use areas, as designated in the
comprehensive plan, the city council may approve a density bonus of up to 3.0 dwelling units
per acre in PCDs. The density bonus may be allowed in development order applications
which propose to construct affordable housing as defined in the city's comprehensive plan.
The city council may allow an increase in the total gross density for PCDs to an absolute
maximum 15.0 dwelling units per acre. However, in no case shall the net density exceed 15.0
dwelling units per acre. Net density shall be defined as the total number of dwelling units
divided by the total number of acres in the site plan.
(h) Commercial and industrial uses in residential districts. A PCD with an underlying
residential future land use plan designation may include up to three percent (3 %) of the gross
land of a residential planned community district for commercial or office use, and up to two
(2 %) percent for industrial use. Uses permitted in such areas shall be established within the
development order approved by the city council.
(i) Preservation of native ecological habitats for commercial uses. Up to five percent
of the gross land area of a residential PCD may be developed for commercial or office use if
at least 10% of the total area of native ecological habitats are preserved. This preservation
area shall be in addition to preserve areas required by section _.
(j) Mixed use PCD.
(1) Mixed uses. PCDs with an underlying mixed use future land use plan designation
may be approved by the city council. Mixed use PCDs shall include a minimum of
three types of land uses and shall be planned for a diversification of uses, structures,
and open spaces in a manner compatible with surrounding land uses and development
patterns. A single use shall not normally occupy more than 60 percent of the site area
proposed for a mixed use PCD.
(2) Specific requirements. Requirements applicable to mixed use PUDs are
established in section
(k) Commercial recreation PCD. PCDs with an underlying commercial recreation future
City of Palm Beach Gardens/Land Development Regulations
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land use plan designation shall be designed to accommodate major public and private
commercial recreation facilities. Uses permitted within this category include golf courses;
outdoor and indoor recreational facilities such as tennis clubs, and amusement and sport
centers; outdoor amphitheaters; hunting and gun clubs; and outdoor wildlife attractions. Rural
residential uses at a density of one dwelling unit per ten acres are also permitted within this
category.
(1) PGA Boulevard corridor. Consistent with the PGA Boulevard planning and design
regulations, all development along the PGA Boulevard corridor shall be restricted to promote
and preserve the character of the corridor. The uses prohibited in the PGA Boulevard
corridor overlay, as provided in section _ may not be waived by the City Council.
(m) Development area. Minimum development sizes for PCDs are established in Table
Table
Minimum PCD Development Size
Area
Minimum
Development Size
North of PGA and West of Florida Turnpike
250 Acres
North of PGA and East of Florida Turnpike
50 Acres
West of Loxahatchee Slough
250 Acres
South of Donald Ross Road and between
Central Boulevard and Alternate A I A
None
All Other Areas
50 Acres
Mixed Use PCD
50 Acres*
Note.
*Minimum arterial roadway frontage of 500 feet required.
(n) Unified control. All land included within a PCD shall be owned or under the control of the
applicant. The applicant shall document unified control of the entire area within the proposed
PCD. The applicant shall agree that the PCD will be developed in accordance with the
master development plan approved by the city.
(o) Open space requirements. At a minimum, PCDs shall provide for and maintain the open
space indicated below.
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 103
(1) Community serving. Community- serving open space uses shall be not less than 20
percent of the total area of the PCD.
(2) Residential components. A minimum of 35% of the total land area of each
residential component in a PCD shall be maintained as open space.
(3) Nonresidential components. A minimum of 10% of the total land area of each
nonresidential component in a PCD shall be maintained as open space.
(4) Mixed uses. Open space uses in those components of a PCD which contain both
residential and nonresidential uses shall be at least 20 percent of the total area of such
components.
(5) Adjacent open space. Any open space located adjacent to a residential or
nonresidential use component within a PCD may, at the discretion of the city council,
be credited toward the open space requirements of adjacent residential or
nonresidential components.
(p) Open space determination. Open space shall be provided consistent with the
requirements of section
(q) Waiver. A development order application for a PCD may request one or more waivers
from the following:
a. the standards of this section;
b. the supplementary standards of section ; and
C. the applicable standards of the underlying zoning district.
A waiver may be granted by the city council subject to the criteria established in section
(r) Storage areas. The city commission may allow PCDs to identify on the master
development plan a parcel or area to be established for residents to store boats, recreational
vehicles, trucks, or similar items that normally cannot be parked or stored at a residence.
Storage areas shall comply with the standards listed below.
(1) Storage areas shall be screened with an opaque barrier consisting of fences, walls,
berms, landscaping, or any combination thereof. The screening shall be at least six
feet in height, and shall be consistent with the landscaping and architectural theme for
the PCD.
(2) The PCD shall be at least 50 acres in size.
City of Palm Beach Gardens/Land Development Regulations
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(3) At least one storage space per 10 units shall be provided.
(s) Communication towers. Any PCD of 50 acres or more may allow a potential
communication tower site, to be identified on the master development plan. The tower site
shall comply with the standards listed below.
(1) The site shall be at least 10,000 square feet, with minimum dimensions of 100 feet by
100 feet.
(2) The tower shall be considered an accessory use in the PCD.
(3) In a PCD, a building at least 40 feet in height may substitute as a tower site.
Sec. 90. PDA - Planned Development Area District.
(a) Composition and intent. The PDA district is composed of large tracts of land that are
established as a holding zone until an application for development order approval is submitted.
Consistent with comprehensive plan policy 1.1.5.4. , PDA zoning districts shall be developed
in an urban or rural fashion, consistent with the city's urban growth boundary.
(b) Permitted uses. Permitted uses are described in the chart in Table
(c) Existing dwellings. Single family dwellings existing on a parcel of less than ten acres which is
zoned or rezoned to the PDA district shall not be considered a nonconforming use as long as
the dwelling is used for residential purposes or other purposes consistent with the
requirements of the zoning district.
(d) Property development regulations. Property development regulations, including
building site area and width, lot coverage, required setbacks, height limits, etc., are provided in
Table
(e) Density. Not more than one dwelling unit per ten acres.
Table
Property Development Regulations - PDA District
Property Development
Regulation
PDA
Note
Minimum Site Area
10 Acres
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 105
Minimum Lot Width
300 feet
(I)
Maximum Gross Density
I Unit/10 Acres
Maximum Lot Coverage
I %
Maximum Building Height
36 Feet
Minimum Building Setbacks (Feet)
------- - - - - --
Front
------- - - - - --
Side
Side (Street Facing)
Rear
--- - - - - --
100
--- - - - - --
50
--
--
90
100
Note.
(1) Lot width measured from front building setback line.
Sec. 91. Mixed Use Planned Unit Development Overlay District.
(a) Purpose and intent. The purpose and intent of the mixed use planned unit development
district (MXD) are to encourage infill and redevelopment opportunities through the vertical
and horizontal integration of complementary residential and nonresidential uses to achieve the
following:
(1) provide a sense of place;
(2) provide affordable housing;
(3) establish a roadway network that disperses traffic, provides pedestrian amenities, and
supports a sense of community;
(4) establish an overall architectural design;
(5) limit urban sprawl;
(6) utilize existing public resources such as central utility and drainage systems, roads, and
similar public services;
(7) provide or enhance pedestrian- and bicycle- oriented amenities;
(8) encourage preservation of environmentally sensitive sites;
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 106
(9) reduce overall number of vehicle trips;
(10) provide neighborhood- and community - serving commercial uses and employment
opportunities;
(1 1) utilize proper site planning techniques to allow mixed uses to congregate; and
(12) utilize a comprehensive approach to planning and development of large sites.
(b) Definitions. For the purposes of the section, the following definitions shall apply:
(1) "build to line" means that location on a lot or property where a principal wall or facade
is to be constructed;
(2) "main street" means a pedestrian - oriented retail road;
(3) "pedestrian- oriented ground floor uses" are those establishments providing for the
retail sale of goods and services to pedestrians, including but not limited to restaurants,
appliance and electric repair, bars and lounges, bicycle sales and rental, book sales,
florists, fruit and vegetable markets, gift shops, grocery stores, hardware stores,
newsstands, office supply, sporting goods, tobacco shops, toy stores, video stores, and
other similar uses.
(4) "primary street" means a street which is a regional arterial, providing intercity
movement of people, goods, and vehicles, such as PGA Boulevard, Alternate A I A,
Military Trail, the Florida Turnpike, and 1 -95;
(5) "secondary street" means a street providing both intercity and intra -city movement of
people, goods, and vehicles, such as Donald Ross Road, Central Boulevard, RCA
Boulevard, Burns Road, Fairchild Gardens Road, and Prosperity Farms Road; and
(6) "tertiary street" means as street providing local or neighborhood serving roads.
(c) Land use. In order to implement a MXD zoning designation, a minimum of two (2) future
land use plan categories must be utilized. Unless waived by the city council pursuant to this
section, at least one of the implementing land use categories must be residential. A single land
use category shall not comprise more than sixty percent (60 %) of the gross land area of a
MXD.
(d) Rezoning. Rezoning to a PUD overlay district is required.
(e) MXD general development standards. Unless waived by the city council pursuant to
City of Palm Beach Gardens/Land Development Regulations
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this section, the following standards apply to all MXDs.
(1) Development. Al MXDs shall be developed as a PUD.
(2) Pedestrian orientation. The individual uses, buildings, and development pods
within MXD developments shall provide the following:
a. interconnecting pedestrian ways, plazas, trails, etc.;
b. pedestrian connections to the city's Parkway System;
C. internalized pedestrian connections between residential and nonresidential
land uses; and
d. multi -modal transportation accesses.
(3) Frontage. At least one portion of the perimeter of any MXD shall be located on an
arterial road as defined by the city's comprehensive plan.
(4) Permitted and conditional uses. Permitted and conditional uses within a MXD
are allowed as provided in the development order approved by the City Council.
(5) Parking. Parking and loading shall be provided as required in section 118-
(6) Landscaping. Landscaping shall be provided as required in section 118-
(7) Environmentally sensitive lands. Environmentally sensitive lands shall be
protected as provided in section 118-
(f) Residential MXD intensity measures and special definitions. Residential MXDs shall
comply with the intensity measures indicated in Table 118--, unless one or more intensity
measures are waived by the city council.
Table _
Residential MXD Intensity Measures and Special Definitions
City of Palm Beach Gardens/Land Development Regulations
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Land
Lot
Building
Special
Land Use
Allocation
Coverage
Height
Definitions
(1)
Open Space
Min: 15%
Not Applicable
Not Applicable
None
Neighborhood
Min: 2%
Min: 2 Floors
Commercial
Max: 30%
Max: 70%
Max: 4 Floors
(2)
City of Palm Beach Gardens/Land Development Regulations
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Residential High
Min: 20%
Min: 2 Floors
Density
Max: 60%
Max: 50%
Max: 4 Floors
(3)
Residential Low
Min: 0%
Max: 2.5
Density
Max: 60%
Max: 50%
Floors
Employment
Min: 2%
Center
Max: 30%
Max 70%
Max: 4 Floors
(4)
Notes.
(1) Lot coverage requirement is parcel - based, dependent on the specific land use
proposal.
(2) Neighborhood Commercial parcels shall be used for community - serving retail,
service, office, and business uses. At least 25% of the net building area shall be
designated for residential use and shall be located above the ground floor.
(3) Residential High parcels shall have a maximum density of 15 units per acre as a bonus
for implementation of planned, and vertically and horizontally integrated development.
The area allocated for both Residential Low and Residential High land uses shall not
exceed the 60% maximum in this table.
(4) Employment Center parcels shall be used for corporate offices, research and
educational facilities, light industry, hotels, warehousing, and similar uses. Employment
Center lots generally shall be grouped together.
(g) Nonresidential MXD intensity measures. Nonresidential MXDs shall, unless waived by
the city council consistent with section _, comply with the intensity measures indicated in
Table .
(1) Nonresidential Criteria. The mandatory residential requirement for MXDs may
be waived by the city council if the development order application complies with any
two of the criterial listed below.
a. The parcel represents infill development and is surrounded on at least three
sides by nonresidential land uses, including manmade and natural barriers such
as canals, railroad tracks, and major arterial roadways.
b. The density or intensity of existing or future land uses immediately surrounding
the parcels are compatible with nonresidential uses.
C. The surrounding existing, or planned and approved built environment is at
least sixty percent 60% residential, and nonresidential uses are determined to
provide for such benefits as greater horizontal integration of uses. The
measurement shall be determined on a lineal basis, as measured around the
perimeter of the affected property.
d. The potential for providing an economically feasible and integrated residential
component that enhances and is complementary to other MXD uses is limited
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 109
by the size of a parcel and the overall site configuration.
Table
Nonresidential MXD Intensity Measures
Notes.
�k= Excluding the land allocation formula, lot coverage, and building height limits,
land uses are defined as established in the Future Land Use Element of the
city's comprehensive plan.
(h) Community design. As part of the overall development order application, a request for
approval of a MXD shall include as specific community design element. The community
design element shall be both written and graphic, and, at a minimum, shall contain the
information listed below.
(1) Master site plan. A PUD master site plan consistent with the requirements of
section
(2) Thoroughfare plan. An overall plan indicating applicable primary, secondary,
tertiary, and main street roadways throughout the proposed project shall be provided.
Special emphasis should be placed on a roadway system that establishes a grid or
related pattern that allows for pedestrian linkages and visual enhancements.
Indications of the use of such techniques include the following:
a. street design that encourages use of commercial and residential buildings
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 110
Land
Lot
Building
Land Use*
Allocation
Coverage
Height
Open Space
Min: 15%
Not Applicable
Not Applicable
Commercial
Min: 0%
Min: 2 Floors
Recreation
Max: 30%
Max: 50%
Max: 4 Floors
Commercial
Min: 0%
Min: 2 Floors
Max: 60%
Max: 50%
Max: None
Industrial
Min: 0%
Min: 2 Floors
Max: 60%
Max: 50%
Max: 4 Floors
Institutional
Min: 0%
Min: 2 Floors
Max: 60%
Max: 50%
Max: 4 Floors
Professional
Min: 2%
Min: 2 Floors
Office
Max: 60%
70%
Max: None
Notes.
�k= Excluding the land allocation formula, lot coverage, and building height limits,
land uses are defined as established in the Future Land Use Element of the
city's comprehensive plan.
(h) Community design. As part of the overall development order application, a request for
approval of a MXD shall include as specific community design element. The community
design element shall be both written and graphic, and, at a minimum, shall contain the
information listed below.
(1) Master site plan. A PUD master site plan consistent with the requirements of
section
(2) Thoroughfare plan. An overall plan indicating applicable primary, secondary,
tertiary, and main street roadways throughout the proposed project shall be provided.
Special emphasis should be placed on a roadway system that establishes a grid or
related pattern that allows for pedestrian linkages and visual enhancements.
Indications of the use of such techniques include the following:
a. street design that encourages use of commercial and residential buildings
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 110
directly located at right -of -way lines, without intervening parking between
buildings, sidewalks, and roads;
b. street design that allows a variety of routes from point of origin to destination;
C. street design that allows for parking on one or both sides of a road;
d. street design that provides continuous landscaping opportunities, especially for
shade trees;
e. street design that provides for community - serving retail, commercial, office,
and service uses available to users of pedestrian and vehicular facilities;
f. street design that integrates the needs of both pedestrians and vehicles; and
g. street design that provides for separate or integrated bicycle lanes.
(3) Thoroughfare enhancement plan. An overall graphic and narrative plan
indicating the nature of the various roadways, and how the roadways will be enhanced
through creation of the following:
a. vistas for pedestrians and drivers;
b. focal points such as lakes, parks, open spaces, and vegetation preserves;
C. art in public places;
d. median and parkway landscaping; and
e. use of public buildings or facilities.
(4) Pedestrian linkages. An overall plan for the area, including the following:
a. a conceptual linkage plan and parkway system;
b. an overall plan of connecting internal pedestrian pathways and linkages with
those pedestrian resources that exist or are planned for the periphery of the
project; and
C. the creation of "gathering places" such as active or passive parks, public
squares, or public performance venues.
(5) Overall design theme. Illustrations and details of project -wide shared elements,
including:
a. common hardscape theme (bricks, pavers, crosswalks, curbing, etc.);
b. overall area or street landscape themes;
C. street furniture and lighting standards;
d. minimum sidewalk width of eight feet;
e. pedestrian thoroughfares on private property or easements connecting major
properties or projects;
f. connections between buildings;
g. inclusion of plazas, fountains, landscaped areas, etc.
h. clearly defined connections to entry ways and parking areas;
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 I I 1
i. strong use of canopy or shade materials; and
j. creation of 5 - 10 feet wide parkway areas between streets and sidewalks.
(6) Orientation of nonresidential buildings. An overall plan for the location, type,
and orientation of buildings throughout a project, including the elements listed below.
a. Urban or main street. Strong pedestrian orientation with the following:
. "build to" lines;
2. two, three, and three story mixed use buildings;
3. all ground floor uses to be pedestrian oriented;
4. strong street landscaping component;
S. strong pedestrian design theme, including arcades, awnings, and
canopies;
6. create minimum and maximum block lengths;
7. on- street parking;
8. no parking between sidewalks and building facades;
9. overall parking plan for area, including parking located in back of or
away from pedestrian streets; and
10. adoption of specific street cross sections to define width of streets,
parking, sidewalks, and building lines.
b. Tertiary streets. Local- and residential - serving streets, utilizing the
following:
adoption of specific street cross sections to define width of streets,
parking, sidewalks, and building lines;
2. neighborhood serving commercial;
3. strong pedestrian links;
4. on- street parking;
S. limited or no parking between sidewalks and building facades;
6. nonresidential building height of I to 2 stories, with I or 2 more
additional stories for residential uses; and
7. maximum size of users.
C. Secondary streets. Major mover of traffic to and through area, including
the following characteristics:
. minimum setback from front roads;
2. "build to" line to achieve uniformity;
3. ground floor retail or commercial with pedestrian orientation;
4. no parking in front;
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 112
5. direct pedestrian connections between buildings;
6. on- street parking;
7. limited parking between sidewalks and building facades; and
8. establish maximum separation between buildings.
d. Primary streets. Major roadways designed to handle significant volumes of
traffic to and through the city, utilizing techniques such as those listed below:
minimum setback from roads, orientation may be to primary roads or
to interior roads, or 40 - 60 feet buffering to visually screen buildings
when more standard site design techniques are utilized;
2. direct pedestrian connections between buildings and pedestrian
linkages;
3. no parking in front of building;
4. structured parking generally along sides or rear; and
S. clearly defined front doors to property that are clearly visible from
public rights -of -way.
(7) Signage. Graphic illustrations of signage types, overall dimensions, landscaping,
colors, and materials to be used within the overall development.
(8) Architecture. Graphic representations of an overall, harmonious architectural style
for the development are to be presented, including the elements listed below.
a. Style. Description and examples of architectural styles to be utilized within
the project, including overall design characteristics, massing, location on lots,
pedestrian orientation, roof types, window types, common features or
decorative elements such as cornices and similar embellishments, doors and
entries, and equal architectural treatment of buildings on all sides of a building.
This shall include specific examples of how any large scale users, such as movie
theaters or single users are to be designed to avoid blank walls and dead
spaces without any pedestrian or visual interest.
b. Examples. Identification, if applicable, of existing examples within the city or
county of the architectural style or styles to be utilized.
C. Materials. Description and examples of principal materials to be utilized,
including paint and accent colors, types and colors of exterior building
materials or finishes, roof colors and materials, and types and colors of awnings
or canopies.
d. Pedestrian amenities. Description and examples of pedestrian amenities
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 113
(i)
0)
such as pedestrian walkways, including arcades, awnings, and colonnades; use
of fountains, loggias, courtyards, or similar areas providing a connection and
focus for pedestrian walkways. Nature and type of paving and materials to be
utilized in pedestrian areas.
PGA Boulevard corridor overlay. For the purposes of this section, all development
located within the PGA Boulevard corridor overly shall comply with section
Minimum development standards. MXD developments shall comply with the minimum
standards listed below.
(1) Size. MXD developments shall be a minimum of five acres.
(2) Setbacks. Minimum front, side, rear, and side corner setbacks shall be established
by the city council.
(3) Minimum building site area. None, provided the site is consistent requirements
of the overall PUD master site plan for open space, landscaping, architecture and
design, pedestrian amenities and connections, landscaping, open space, maximum site
area, minimum floor area, and similar requirements.
(k) Waivers. A waiver to the requirements of the chapter may be requested pursuant to section
Sec. 92. Waivers to planned
development district Steve: OK? I
requirements.
(a) Waivers permitted. An application for development order approval for a PUD or PCD
may include a request for waiver of one or more requirements of this chapter. Requests for
waivers shall comply with the requirements contained herein. For the purpose of this section,
a waiver is defined as a reduction in a development standard or other land development
requirement normally required by this chapter.
(b) Purpose and intent. The purpose and intent of this section is to encourage the use of
PUDs and PCDs, as provided in section and section _, in order to achieve the benefits
to the city and the property owner as described in those sections.
(c) Prohibited waivers. A waiver shall not be granted from requirements of section
establishing the PGA Overlay Corridor. A waiver shall not be granted from the minimum
requirements for preservation of environmental sensitive lands as provided in section . A
waiver shall not be granted from any requirement associated with the city's concurrency
City of Palm Beach Gardens/Land Development Regulations
Draft - 3/5/00 114
management system.
(d) Types of waivers. Two (2) types of waivers are established, as listed below.
(1) City council waivers. Waivers to development standards or other land
development requirements that can be approved only by the city council.
(2) Planned development modifications. An applicant for development order
approval of any PUD or PCD, or an applicant for approval to amend the development
order of an approved PUD or PCD, may reduce certain development standards or
other land development requirements as defined herein. The planned development
modification shall not exceed a reduction of twenty -five percent (25 %) of the
applicable standard or requirement. The city council shall consider any waiver of an
applicable standard or requirement which is proposed be reduced more than the
twenty -five percent (25 %) as provided herein.
(3) Waivers established. For the purposes of this section, the city council waivers and
planned development modifications are summarized in Table
Table
Approval of Waivers or Modifications to PUDs and PCDs
Development Standard
or Requirement
City Council
Waiver
Planned Development
Modification
Building Height
✓
Sign Regulations
✓
Landscaping
✓
Open Space
✓
Architectural and Design
Standards
✓
Engineering
✓
Permitted Uses within PUD or
PCD
✓
Development Standards
Applicable to Permitted Uses
✓
Minimum PUD/PCD Size
✓
Supplementary District
Regulations
✓
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 115
Number of Required Parking
Spaces
✓
Building Setbacks (front, side, side
comer, and rear)
✓
Lot Coverage
✓
Lot Size
✓
Lot Depth
✓
Lot Width
✓
Minimum Parking Space
Dimensions
✓
Height of Buffering and Screening
Walls
✓
Use of Pavers (parking lots,
vehicle use areas, sidewalks, etc.)
✓
Number of Required Loading
Spaces
✓
(e) Interpretations and appeals. The growth management director shall interpret this
section. Appeal from a decision by the growth management director regarding a waiver shall
comply with the requirements of section
(f) Residential variances. Any reduction to a PUD or PCD development standard or
requirement applicable to an entire residential use or project shall occur only as provided in
this section. However, the owner of a single dwelling, or the owners of a single residential
structure such as a townhouse, may apply for a variance to applicable development standards,
rather than apply for a waiver or modification as provided herein. The purpose of this
subsection is to allow an owner or owner to request a modification without the time, effort,
and expense associated with an application for a development order amendment.
(g) Application. Any request for a waiver or waivers subject to city council review shall be
submitted in writing and shall accompany a development order application for PUD or PCD
approval. Each modification or modifications to planned development requirements or
standards utilized in a development order application for approval of a PUD or PCD shall be
identified by the applicant.
(h) Criteria. A request for the city council to approve a waiver from one or more of the
standards and requirements applicable to a PUD or PCD shall comply with a preponderance
of the criteria listed below.
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 116
(1) The request is consistent with the city's comprehensive plan.
(2) The request is consistent with the purpose and intent of this section.
(3) The request is in support of and furthers the city's goals, objectives, and policies to
establish development possessing architectural significance, pedestrian amenities and
linkages, employment opportunities, reductions in vehicle trips, and a sense of place.
(4) The request demonstrates that granting of the waiver will result in a development that
exceeds one or more of the minimum requirements for PUDs.
(5) The request for one or more waivers results from innovative design in which other
minimum standards are exceeded.
(6) The request demonstrates that granting of the waiver will result in preservation of
valuable natural resources, including environmentally sensitive lands, drainage and
recharge areas, and coastal areas.
(7) The request clearly demonstrates public benefits to be derived, including but not
limited to such benefits as no -cost dedication of rights -of -way, extensions of pedestrian
linkages outside of the project boundaries, preservation of important natural
resources, and use of desirable architectural, building, and site design techniques.
(8) Sufficient screening and buffering, if required, is provided to screen adjacent uses from
adverse impacts caused by a waiver.
(9) The request is not based solely or predominantly on economic reasons.
(10) The request will be compatible with existing and potential land uses adjacent to the
development site.
(1 1) The request demonstrates the development will be in harmony with the general
purpose and intent of this section, and that such waiver or waivers will not be injurious
to the area involved or other wise detrimental to the public health, safety, and welfare.
Sec. 93. Permitted uses, Conditional, and Prohibited Uses.
(a) Permitted, Conditional, and Prohibited Uses. Permitted uses, conditional uses, and
prohibited uses are established in Table . The use of all new or existing buildings,
structures, and properties shall conform with the requirements of Table _. Additional
standards applicable to certain uses are indicated in this table. For the purposes of this article,
uses shall be defined as indicated below.
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 117
(b) Permitted uses. Any use allowed as a matter of right in a zoning district, subject to review
by city staff and compliance with all requirements contained in this chapter.
(c) Conditional uses. Any use that may be allowed, subject to review and consideration by the
planning and zoning board and city council as provided in this chapter.
(d) Prohibited uses. Any use not listed as a permitted or conditional use in Table _, or not
recognized as a similar use, is a prohibited use, and shall not be established.
(e) PGA Boulevard Overlay Corridor. Permitted and prohibited uses within the PGA
overlay corridor are established in section _, and shall pre -empt any permitted or
conditional uses allowed herein.
(f) Similar uses. A use not listed in Table _, but possessing similar characteristics, including
but not limited to size, intensity, density, operating hours, demands for public facilities such as
water and sewer, traffic impacts, manufacturing and business practices, may be established
upon approval by the growth management director. Such uses shall be subject to all
requirements of the uses to which they are similar. Appeals of such determinations shall be
made to the zoning board of adjustment.
(g) Variances. A variance from the additional standards applicable to certain uses established
herein shall not be granted by the board of zoning appeals.
(h) Waiver. A waiver from the additional standards applicable to certain uses established herein
may be granted by the city council as part of approval of a planned unit development or
planned commercial development, subject to the requirements of section
(i) Planned development overlay districts. Permitted, conditional, and prohibited uses
within planned overlay districts, including planned unit developments, planned community
developments, and mixed use developments, shall be established within the development
order approved by the city council. Permitted, conditional, and prohibited uses within such
districts shall be established with reference to such uses within the underlying zoning district.
However, the city council may approve any use within a planned development overlay
district, subject to the following:
(1) consistency with the comprehensive plan;
(2) consistency with the overall purpose and intent of the land development regulations;
and
(3) compatibility with existing, proposed, or potential land uses located on adjacent
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 118
properties.
Table
Permitted, Conditional, and Prohibited Use Chart
Notes.
P= Permitted Use C= Conditional Use Blank= Prohibited
PUDs and PCDs= Permitted Uses b Uevelo ment
U erApproved
b yCityCouncil
R R
C
N
R R
R R
R
R
C
C
M
P
O
P
O
USE/ R
1 2
L L
L
R R
M
P
C
G
G
C M 1
M&
N
D
T
CATEGORY E
0 0
1 2
3
M H
H
O
N
1
2
R I A
2
1
S
A
E
Residential
Dwelling, Single
Family P
P P
P P
P
P P
P
P
P
P
Dwelling, Mobile
Home P
P P
P P
P
P P
P
P
Dwelling, Multiple
IF
Family
P
P
Dwelling, Two -
IP
Family
P
P
Home Occupation P
P
P
P P
P
P P
P
Hotel/Motel,
Boarding, or
Rooming House
P
P
Mobile Home Park
P
Residence Hall or
Dormitory
P
2
Community
Residential Home,
Type 1(6 or less P
P P
P P
P
P P
3
residents)
Community
Residential Home,
Type II (7 - 14)
P P
C
C
C
4
Assisted Living
Facility( I or more
C C
C
C
C
5
residents)
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 119
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 120
R
R
C N
R
R
R
R
R
R C
C
M P O P O
USE/
R
1
2
L
L
L R
R
M P C G
G C
M I M& N D T
CATEGORY
E
0
0
1
2
3 M
H
H O N I
2 R
I A 2 1 S A E
RETAIL &
COMMERCIAL
Adult
Entertainment
■Adult
Entertainment and
C C C 6
Adult
Establishments
■Adult Media
C
P P P 6
Shops
Antique Store
C P
P
7
Appliance and
Electronics Store
C P
P
Auto Repair,
C
P P P 8
General
Automobile
Dealership
P
9
Auto Rental,
Accessory
C
C
10
Auto Service
Station and Minor
C
P
P
Repairs
Auto Tire Sales
and Installation
C
P
12
Bakery
P P
P
Barber/Beauty
Supplies and
Equipment Sales
P
P
Bicycle Sales and
Repair
P P
P
P P
Boat and Marine
Sales
P
Bookstore
P P
P
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 120
•
R,R'
C
N
Sales
R R R R R R C
C M P O P
O
USE/
R 1 2 L L L R' R M P C G
G C M I M& N D
T
CATEGORY
E 0 0 1 2 3 M H H O N 1
2 R I A 2 1 S A
E
Car Wash /Auto
Pharmacy, Limited
P
Detailing
C
P
Clothing and
Accessory Store
P 1
P
Consignment Shop
P
P
C
Convenience
P
P
P
Store w /Gas Sales
C
C
13
Convenience
Store w/o Gas
P P 14
Sales
and Sales
Department Store
P P
Discount
I P I` P
Department Store
P 15
Drugstore or
Pharmacy, General
C P P
Drugstore or
Pharmacy, Limited
P
C P P P
Farm Equipment
and Sales
P
I P I` P
Feedstore
P P
` P
Floral or Florist
P
P
P
Shop
Fruit and
Vegetable Market
C
C
C
Gift and Card Shop
P
P
P
Grocery Store, Retail
C
P
P
Hardware, Paint,
Glass, Wallpaper and
C
P
P 16
Floor Covering Store
Hobby, Fabric, and
P
P
P
Craft Shop
Jewelry Store,
including Repair of
Jewelry and Clocks
P
P
P `
J
City of Palm Beach Gardens/Land Development Regulations
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City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 122
R
R
C N
R
R
R
R
R
R
C C
M
P O P O
USE/
R
1
2
L
L
L
R
R
M
P
C
G G C M
I
M& N D T
CATEGORY
E
0
0
1
2
3
M
H
H
O
N
1 2 R I
A
2 1 S A E
Landscape, Nursery,
and Garden Supplies
P P
P
Lawn Mower Sales
and Repair
C P P
P
Lumber Yard and
Building Materials
P
P
Machinery, Tools,
and Construction
Equipment Sales and
P
P
Service
Medical and Dental
Supply Sales
C
P P
P
Motorcycle Sales and
Service
P
P
Nightclub, Bar, or
Lounge
C C
Pet Grooming Shop
P P P
P
P
Pottery Shop
P P
17
Recreational Vehicle
Park
C
18
Restaurant, General
C
C C C
C
C
19
Restaurant, Fast
Food (with or w/o
C C
20
Drive - through
Restaurant, Specialty
C
C C
21
Restaurant, Quality
C C
22
Restaurant, Take
out
C P
23
Retail, General
P P
24
Thrift and Used
Merchandise Store
C
C C
25
PERSONAL
SERVICES
Animal Boarding
Kennel
C C
C
C 26
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 122
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 123
CATEGORY
Auto/Truck Fleet
Maintenance Shops
and Garages
Auto/Truck Body
Repair Shop
Car Wash
Institution w/Drive
Through
Institution w/b Drive
Through
Barber/Beauty Shops
Blueprinting
Boat Repair
Business, Trade and
Vocational Schools
Catering Service
Cemetery and
Mausoleum
Clinic, Medical or
Dental
Clinic, Veterinary
Cold Storage Facility
••••••••ii
°iii
Contractor's Storage
iii
Yard
P�
Data Processing
����C�IIHIR�e
�■
Service
Day Care, Child and
Adult
Day Care, Family
Dry Cleaning
Electronic Repair
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 123
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 124
CATEGORY
Emergency Health
Care
Express or Parcel
Delivery Office
Express or Parcel
Delivery Distribution
1111111111111��1�11
Center
Service
Health, Physical
Fitness, Weight
Reduction, and Spa
Housekeeping and
janitorial Services
Laboratory, Dental
or Medical
Laundry and Dry
Cleaning Pickup
Station
�iiiiuiiiiieeiiiii
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 124
R R
C
N
R R R R R R
C
C
M
P O
P O
USE/ R 1 2 L L L R R M
P
C
G
G
C M I
M& N
D T
CATEGORY E 0 0 1 2 3 M H H
O
N
1
2
R I A
2 1 S
A E
Nursing Home or
Convalescent Facility C
C
C
P
40
Painting and
Decorating
P
P
Contractor
Personal Services
P
P
P
Picture Framing
P
P
P
P P
Photo Studio and
Processing
C
C
C
Print Shop
C
C
P
P
41
Self Service Storage
C
C
42
Shoe Repair
p
P
p
Studio, Instructional
p
P
Studio, Professional
P
p
P
I
P
Tailor Shop
P
P
Travel Agency
P
P
P
P
Video Game and
Amusement Parlor
P
P
43
Video Rental and
Sales
P
P
P
OFFICE
Employment Office
P
P
44
Interior Design,
including Sales
P
P
P
45
Office, Medical or
Dental
C
P
P
P
Office, Professional
and Business
P
P
P
P
P P
P
Optical, Optician or
Optometrist Offices
P
P
P
Veterinary Office and
C
P
P
P
C C
C
46
Clinic
City of Palm Beach Gardens/Land Development Regulations
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125
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 126
R
R
C
N
R
R
R
R
R
R
C
C
M
P
O
P
O
USE/
R
1
2
L
L
L
R
R
M
P
C
G
G
C
M
I
M&
N
D
T
CATEGORY
E
0
0
1
2
3
M
H
H
O
N
1
2
R
1
A
2
1
S
A
E
PUBLIC AND
INSTITU-
TIONAL
Churches and Places
of Worship
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
47
College or
C
C
University, Public or
Private
Governmental Uses
C
C
C
48
Hospital, Public or
C
C
C
P
49
Private
Post Office
C
C
C
C
P
C
C
50
Post Office,
Accessory
P
P
P
P
P
P
P
51
Schools, Public and
Private
C
C
C
C
C
C
C
C
C
C
C
C
C
52
CULTURAL,
ENTERTAIN-
MENT AND
RECREATIONAL
Art Gallery and
Museum, Public or
Private
C
P
P
P
p
Auditorium, Public or
Private
C
C
C
C
C
Club or Lodge,
Private
C
P
P
Golf Course, Public
or Private
C
C
C
C
C
C
C
C
C
C
C
C
C
Park, Public
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
C
P
53
Recreation Center,
Public
C
C
C
C
C
C
C
C
C
C
C
C
P
P
C
P
Recreation,
Commercial -
Indoor
I
54
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 126
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 127
R R
C
N
R R R R R R C C
M
P
O
P O
USE/
R 1 2 L L L R R M P C G G
C
M
I
M&
N
D T
CATEGORY
E 0 0 1 2 3 M H H O N 1 2
R
1
A
2
1
S
A E
Recreation,
Commercial -
Outdoor
C
C
C
55
Stadium or Arena,
Public or Private
C C
C
C
Theater, Indoor
C C
C
Zoo, Public or
Private
C
C
C
WHOLESALE
Building Supply,
Wholesale
P
P
Florist
P
P
P
Food Products,
Wholesale Storage
and Sales
P
P
Wholesale and
Warehousing,
General
P
P
P
INDUSTRIAL
AND MANU-
FACTURING
Beverage
Production
P
Boat Building
C
Furniture
Manufacturing,
Repair and
Restoration
P
P
Laboratory,
Industrial Research
and Development
C
C
C
Manufacturing,
56
General
Orthopedic Brace
Manufacturing and
Repair
P
P
P
`
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 127
Wireless Tele-
communication C P P P P P P P C C C 62
Facilities
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 128
R R
C N
R R R R R R' C C
M
P
O P O
USE/
R 1 2 L L L R R M P C G G C M
I
M&
N D T
CATEGORY
E 0 0 112 3 M H H O N 1 2 R 1
A
2
1
S A E
Printing and
—
Publishing
P
P
P
Sporting Goods
P
P
P
Manufacturing
Stone Cutting and
Fabrication
P
Tool
Manufacturing
P
P
P,
Toy Manufacturing
p
p
p
Well drilling
Company
P
P
TRANSPORT,
UTILITIES, &
COMMUNICA-
TIONS
Airport, General
Aviation
C
Automobile, RV,
and Boat Storage,
Commercial
C
C
C
C
57
Freight Depot
P
P
Helistop
C
C
58
Passenger Station
C
59
Radio/Television
Broadcast Studio
l C P P
-1 `
'
!I ■
Utility Plant and
F 1 1 1 1 1 1 1 1 E 1 I 1-
1
1
,
Major Substations
C
C
C
C
C C 60
'
Utilities, Minor
P P P P P P P P P P P P P P P
P
P
P
P P 61
Wireless Tele-
communication C P P P P P P P C C C 62
Facilities
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 128
Sec. 93. Additional standards.
Application. The following standards apply to specific uses as indicated in the "Note" column of
Table_
(4)
(5) Home Occupations. Home occupations are commercial or occupational uses
performed in a residential dwelling unit by a resident or family member. Home
occupations are subject to the standards listed below.
a. Only lawful residents of the dwelling unit shall be engaged in the occupation.
b. The use of the premises for the home occupation shall be clearly incidental
and subordinate to its use for residential purposes by its occupants. The use
shall not change the residential character of the premises.
C. There shall be no change in the outside appearance of the building or
premises, or other visible evidence of the conduct of the home occupation.
d. Home occupations shall not be conducted in any accessory building or
structure, or any open porch or carport which is attached to and part of the
principal structure.
e. Home occupation shall not occupy more than 15 percent of the floor area of
the dwelling unit, excluding any open porch, attached garage, or similar space
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 129
R
R
C
N
R
R
R
R
R
R
C
C
M
P
O
P
O
USE/
R
1
2
L
L
L
R
R
M
P
C
G
G
C
M
I
M&
N
D
T
CATEGORY
E
0
0
1
2
3
M
H
H
O
N
1
2
R
I
A
2
1
S
A
E
RESOURCES
PRODUCTION
AND
EXTRACTION
Agriculture
C
63
Excavation and Fill,
and Borrow Pit
C
C
Operations
64
OTHER
Accessory Uses
P
P
P
P
P
P
P
P
P
t P
P
P
P
P
P
P
P
P
P
Mobile Home,
Ic
Temporary
C
C
C I
IC
C
C
C
C
C 1
65
Recreation,
Accessory
C
C
C
C
C
C
C
C
66
Satellite Dishes,
IP
IPI
Accessory
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P 1
67
Sec. 93. Additional standards.
Application. The following standards apply to specific uses as indicated in the "Note" column of
Table_
(4)
(5) Home Occupations. Home occupations are commercial or occupational uses
performed in a residential dwelling unit by a resident or family member. Home
occupations are subject to the standards listed below.
a. Only lawful residents of the dwelling unit shall be engaged in the occupation.
b. The use of the premises for the home occupation shall be clearly incidental
and subordinate to its use for residential purposes by its occupants. The use
shall not change the residential character of the premises.
C. There shall be no change in the outside appearance of the building or
premises, or other visible evidence of the conduct of the home occupation.
d. Home occupations shall not be conducted in any accessory building or
structure, or any open porch or carport which is attached to and part of the
principal structure.
e. Home occupation shall not occupy more than 15 percent of the floor area of
the dwelling unit, excluding any open porch, attached garage, or similar space
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 129
not suited or intended for occupancy as living quarters.
f. Traffic shall not be generated by the home occupation in greater volumes than
would normally be expected in a residential neighborhood.
g. Vehicle parking shall be located on the same lot or premise as the home
occupation.
h. Equipment or processes which create noise, vibration, glare, fumes, odors, or
electrical interference detectable to the normal senses at any lot line shall not
be used in a home occupation. In addition, equipment or processes shall not
be used which create any interference for neighboring properties in receiving
radio, television, or other wireless devices, or which cause fluctuations in
electrical service to such properties.
i. Private instructions or other lessons shall be limited to not more than two
persons at the same time, and shall be limited to academic, artistic, and
musical subjects.
j. Manufacture or fabrication of articles such as are commonly classified under
the terms of arts and handicrafts may be deemed a home occupation, subject
to the other terms and conditions of this section.
k. On- premise sales of stock, supplies, or products is prohibited.
I. On- premise use or storage of hazardous materials is prohibited.
M. On- premise signs or other advertising of home occupations is prohibited.
n. Employees, other than family members or residents, are prohibited.
o. Owners or operators of home occupations shall obtain required city and
county occupational licenses.
P. Individuals requesting home occupational licenses shall sign an affidavit
furnished by the city acknowledging their receipt of regulations applicable to
such licenses.
q. Not more than three (3) occupational licenses shall be issued for one
residence.
r. Not more than two (2) clients per day per occupational license may visit a
business operating in a residence pursuant to these requirements, excluding
delivery of parcels, documents, and similar items by licensed delivery firms.
(6) Resident hall or dormitory. Shall be operated only in conjunction with a college,
university, or vocational school approved by the city?
(7) Community Residential Home, Type 1. Shall operate consistent with the
standards listed below.
a. Shall operate with not more than six residents, or as otherwise provided by
state law.
b. Shall be located and operated consistent with the requirements of Chapter
419, Florida Statutes, as amended.
C. Shall obtain all licenses required by state law or the Palm Beach County Public
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 130
Health Department.
(8) Community residential home, Type II.
a. Shall operate with not less than seven but not more than 14 residents, or as
otherwise provided by state law.
b. Shall be located and operated consistent with the requirements of Chapter
419, Florida Statutes, as amended.
C. Shall obtain all licenses required by state law or the Palm Beach County Public
Health Department.
(9) Assisted living facility (One or more residents).
a. Shall operate consistent with the requirements of Chapter 400, Part III, Florida
Statutes.
b. May offer, singularly or in combination, independent living, assisted living, or
skilled nursing care facilities.
C. Shall not exceed the density threshold of the underlying land use category
when located within residential land use category.
d. May be allowed, subject to approval by the city council, a density bonus when
approved as a PCD located within a residential medium, residential high, or
mixed use land use category. The density bonus may be awarded in addition
to the density allowed by the underlying land use category. Maximum
additional allowable density is indicated below. A request for approval of a
density bonus shall be subject to the criteria listed below.
t?
j Maximum `
hand Use
Allowable
Additional
Residential Medium
18 units per acre
Residential High
24 units per acre
Mixed use
24 units per acre
e. A density bonus may be granted by the city council, based upon the criteria
listed below.
f. Compatibility of the proposed assisted living facility (ALF) with adjacent uses.
g. Impact on service delivery, including public safety services.
h. Mitigation of impacts on service delivery.
i. Use of buffering, landscaping, and screening techniques to mitigate building
bulk, mass, scale, or intensity.
j. Use of architectural, design, and site location techniques to enhance visual
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 131
appearance.
k. The density bonus may not be awarded for any facility proposed to be located
within a coastal high hazard area.
1. Shall not be located within 1,500 feet of another assisted living facility,
measured from the closest lot lines of both uses, provided however, this may
be waived by the city council pursuant to section _ of this code.
M. Shall be connected to public water and sewer service.
n. Shall be located on one of the following: city collector, county minor arterial,
state minor arterial, state, or state principal arterial roads.
o. Shall provide adequate parking, circulation, pickup /drop off area, and ingress
and egress.
P. Signage shall be consistent with sec. of this code.
q. May allow not more than ten percent (10 %) of the gross floor area to be
utilized for accessory uses of a resident - serving commercial nature, including
beauty and barber shops, banking, anc convenience sales.
r. Shall not be operated as a halfway house or facility for the following: juvenile
offenders, parolees or probationers, prison or jail inmates awaiting release,
alternative incarceration, or similar classes of residents.
(10) Adult Entertainment.
a. Purpose. It is the purpose of this section to regulate adult cabarets, adult
entertainment, adult establishments, adult media shops, adult motels and
hotels, adult motion picture booths, adult motion picture theaters,
bathhouses, licensed adult entertainment establishments, pawnshops, sex
shops, and topless and nude establishments so as to lessen the concentration
of these establishments. The purpose also is to increase the distance between
such establishments, as reduced distances would otherwise have a deleterious
effect upon the adjacent areas and could contribute to the blight and
deterioration of surrounding neighborhoods.
b. Special regulated uses permitted. The standards contained herein shall
apply to the following:
1. adult cabarets;
2. adult entertainment establishments and adult establishments;
3. adult media shop;
4. adult motel or hotel;
S. adult motion picture theaters;
6. bathing establishments and bathhouses;
7. licensed adult entertainment establishments;
8. pawnshops;
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 132
9. sex shops; or
10. topless or nude establishments.
C. Adult motion picture booths. Adult motion picture booths are
prohibited.
d. Topless or nude establishments. Topless and nude establishments are
permitted only in industrial zoning districts as conditional use as provided
herein.
e. Distance requirements. Adult establishments, including but not limited to
adult cabarets, adult entertainment establishments, adult establishments, adult
motels and hotels, adult motion picture theaters, bathhouses, licensed adult
entertainment establishments, pawnshops, sex shops, and topless and nude
establishments, shall provide at least the minimum distance distances between
other adult establishments, adult media shops, and other uses as provided in
Table _. Distance requirements between adult media shops, adult
establishments, and other uses also are provided in Table
Table
Minimum Separation Distances for Adult Establishments
Use
Minimum Separation Distance
Adult Adult Media
Establishment Shop
Adult
Establishment
2,500 feet
2,000 feet
Adult Media Shop
2,000 feet
2,000 feet
Alcoholic Beverage Sales Establishment
(On- or Off - Premise Consumption)
1,000 feet
750 feet
Hotel/Motel
1,000 feet
750 feet
Park, Public
1,000 feet
1,000 feet
Place of Worship
1,000 feet
750 feet
Residential Area (Designated by
Comprehensive Plan or Zoning Map)
1,000 feet
750 feet
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 133
School, Public or Private (Excluding
Colleges, Universities, and Post -
Secondary Vocational Education Schools)
1,000 feet
750 feet
f. Measurement of distance. Minimum separation requirements between
adult entertainment establishments or adult book and video stores and other
land uses as required in Table — and Table , shall be measured as
indicated below.
1. Single use structures shall be measured from the nearest points of the
property lines of the sites on which the uses are located.
2. Multiple tenant buildings such as shopping centers shall be measured
from the nearest points of the leasehold or that portion of the building
in which the use is located.
(11) Antique shop shall sell items in demand and have a value due to being rare, old,
historic, of a collectible nature, or an expectation of increasing value, including such
items as furniture, art objects, housewares, glassware, jewelry, coins, stamps, and
decorative objects.
(12) Auto repair, general includes tune ups, oil and fluid changes, and similar
maintenance work. Auto repair also includes the repair or replacement work on the
following parts or systems: tires, brakes, mufflers, air conditioning, tire alignment and
balancing, front end alignment, starters, alternators, and radiators. Auto repair does
not include removing or rebuilding engines or transmissions, steam cleaning engines,
paint and body repair, and frame repair.
a. Bay doors shall not be oriented toward public rights -of -way or residential
zoning districts. However, bay doors may be so oriented if visibility from a
public right -of -way is completely and permanently screened by a building,
opaque masonry wall, or a similar fixed structure.
b. All repair work shall occur within an enclosed structure.
(13) Automobile dealership may include auto repair and are subject to the restrictions
contained within this section for such use.
a. Minimum lot size shall be three acres, with the following minimum
dimensions:
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 134
Dimension
Minimum
Required
Lot Frontage
125 feet
Lot Depth
200 feet
Lot Width
125 feet
b. Repairs and maintenance performed on site shall comply with the standards
listed below.
All repair work shall occur at least 100 feet from any residential zoning
district.
2. Bay doors shall not be oriented toward public rights -of -way or
residential zoning districts. However, bay doors may be so oriented if
visibility from a public right -of -way is completely and permanently
screened by a building, opaque masonry wall, or a similar fixed
structure.
3. Repair work shall not be visible from any public right -of -way or
residential zoning district.
4. Outdoor storage of disassembled vehicles or parts is prohibited.
C. Car wash facilities on site shall comply with the standards listed below.
Facilities shall be located at least 100 feet from any residential zoning
district.
2. Facilities must utilize a city- approved water recycling system.
d. Fuel pump islands shall comply with the standards listed below.
Facilities shall be located at least 100 feet from any residential zoning
district.
2. Facilities shall not be visible from any public right -of -way or residential
zoning district.
e. Vehicle off - loading shall comply with the standards listed below.
1. Off - loading shall occur at least 100 feet from any residential zoning
district.
2. The off - loading area shall be a minimum of 15 feet wide and 60 feet in
length, and shall be designated, marked, and signed in a manner
consistent with the city code.
3. The off - loading area shall not be located in a vehicular circulation area,
and shall provide adequate maneuverability.
4. Transport vehicles shall not be stored or parked on site for more than
24 consecutive hours.
f. All dealerships shall install a six foot high opaque wall along all portions of
property abutting a residential zoning district or public right -of -way. A chain
link fence, not in excess of six feet, may be installed along all other property
City of Palm Beach Gardens/Land Development Regulations
Draft - 3/5/00 135
(14) Auto Rental, Accessory shall be permitted in conjunction with an approved hotel
or motel use, and shall comply with the standards provided below.
a. The storage of automobile rentals and storage of inventory may be permitted
as a conditional use in conjunction with an approved hotel use of not less than
100 hotel rooms.
b. Not more than 15 rental automobiles shall be permitted to be stored on site
at any time.
C. Parking for up to 15 rental automobiles on site shall be provided in excess of
the required parking for the hotel use.
d. Shuttle van parking or storage between the hotel building and adjacent public
right -of -way shall not exceed one hour.
e. Advertising graphics or signage shall not be displayed on rental automobiles
parked at a hotel.
f. For the purposes of this use, automobiles shall be defined as passenger
vehicles of 5,000 pounds or less, but shall not include trucks, light trucks, jeeps
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 136
lines. The chain link fence shall be vinyl coated, with a minimum opacity of
75 %.
g.
Display of vehicles shall comply with the standards listed below.
1. Vehicles shall not be elevated in any manner, whether displayed
indoors or outdoors.
2. Vehicles shall not be displayed within a public right -of -way.
h.
Specialized vehicular use areas used for display of vehicles shall be separated
from customer parking by a city- approved barrier.
i.
Test driving of vehicles within residential zoning districts is prohibited.
j.
Vehicle and customer parking areas shall be gated and locked when the
dealership is not open to the public.
k.
Exterior lighting shall comply with the standards listed below.
I.
Lighting standards shall not exceed 25 feet in height.
1. Illumination shall be directed away from adjacent properties.
2. Illumination shall comply with all requirements of this code.
3. Wall- mounted security lighting shall be approved as part of the overall
site plan.
M.
Vehicle storage shall utilize an approved surface as required by this code.
n.
Parking lots shall comply with the landscape requirements of section
o.
Dealerships must be licensed by Florida Department of Motor Vehicles.
P.
Flags, banners, streamers, pennants, string lights, and similar devices to attract
attention are prohibited, except as allowed by section
q.
Sales is limited to automobiles, light trucks, and similar vehicles. Sales of boats
and personal water craft, trailers, motor cycles, recreational vehicles,
commercial trucks and vehicles, mobile homes, buses, farm equipment, and
similar vehicles is prohibited.
(14) Auto Rental, Accessory shall be permitted in conjunction with an approved hotel
or motel use, and shall comply with the standards provided below.
a. The storage of automobile rentals and storage of inventory may be permitted
as a conditional use in conjunction with an approved hotel use of not less than
100 hotel rooms.
b. Not more than 15 rental automobiles shall be permitted to be stored on site
at any time.
C. Parking for up to 15 rental automobiles on site shall be provided in excess of
the required parking for the hotel use.
d. Shuttle van parking or storage between the hotel building and adjacent public
right -of -way shall not exceed one hour.
e. Advertising graphics or signage shall not be displayed on rental automobiles
parked at a hotel.
f. For the purposes of this use, automobiles shall be defined as passenger
vehicles of 5,000 pounds or less, but shall not include trucks, light trucks, jeeps
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 136
or utility vehicles as defined in Chapter 320, Florida Statutes.
(IS) Auto Service Station shall include sale of gasoline and diesel products, auto parts
and accessories, and repair of vehicles. May include auto repair, subject to the
restrictions contained within this section for such use. Auto repair facilities shall
comply with the standards listed below.
a. Bay doors shall not be oriented toward public rights -of -way or residential
zoning districts. However, bay doors may be so oriented if visibility from a
public right -of -way is completely and permanently screened by a building,
opaque masonry wall, or a similar fixed structure.
b. All repair work shall occur within an enclosed structure.
C. Vehicular access, parking, queuing, and related internal circulation
requirements shall be approved by the city council.
d. Sale of convenience items, including food, beverages, tobacco products, etc.,
in an existing, new, or converted auto service station requires conditional use
approval.
e. There shall be a minimum separation distance of 1,000 feet between the
nearest points of property lines on any two parcels of land occupied or to be
occupied for a gasoline service station purpose.
f. The minimum required separation distance between gasoline service stations
may be reduced when the parcel of land occupied or to be occupied for
gasoline service station purposes comply with the following locational
standards:
1. are located at the intersection of two primary state highways;
2. are located so as to immediately abut the intersections of 1 -95
interchanges; and
3. are located opposite sides of four -lane streets, where there is a
median for traffic control, constituting, for all practical purposes, two
separate one -way streets.
g. There shall be a minimum separation distance of 500 feet between the
nearest points of property lines for a parcel occupied for gasoline service
station purposes and a parcel occupied by a church, public or private school,
hospital, governmentally owned or operated building, convalescent or nursing
home, theater, auditorium, stadium area, assembly hall, public play field, or
similar public place where a minimum of 100 people may congregate.
h. The following uses are allowed within auto service stations:
. retail sale of gasoline, oil, grease, batteries, tires and automobile
accessories;
2. sale and service of spark plugs, batteries, and electronic ignition parts;
3. tire sales, service, and repair, excluding on- premise recapping or
retreading of tires;
4. minor repair and replacement of auto parts, including mufflers and
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 137
tailpipes, shock absorbers and struts, water hoses, fan belts, light bulbs,
fuses, auto accessories, windshield wipers and wiper blades, and
wheel bearings, mirrors, and the like;
S. oil and fluid changes, and lubrication;
6. auto cleaning and detailing, including the sale of automotive cleaning
products, provided such activities occur in an enclosed area;
7. minor maintenance, repair, or replacement of vehicle components,
such as carburetors, fuel pumps, oil pumps and lines; radiator flushing
and cleaning; and emergency wiring and electronic repairs;
8. emergency road repair and towing service as an accessory service,
provided storage of vehicles is enclosed or otherwise screened from
view, storage is limited to 48 hours, and storage further is limited to
vehicles which can be repaired on -site;
9. sale of convenience items accessory and incidental to the principal
operation subject to the following:
(i) not more than 500 square feet of accessory convenience sales
shall be permitted for motor vehicle fuel sales without auto
repair service; and
(ii) not more than 1,500 square feet of accessory convenience
sales shall be permitted for motor vehicle fuel sales with auto
repair service.
(16) Auto Tire Sales and Installation includes sales installation, repair and
maintenance of tires and accessories, and front end alignment, wheel balancing, and
similar tasks. The use may include sale and installation of batteries, shock absorbers
and struts, oil and fluid changes, brake repair and replacement, and installation of
mufflers and tail pipes. Bay doors shall not be oriented toward public rights -of -way or
residential zoning districts. However, bay doors may be so oriented if visibility from a
public right -of -way is completely and permanently screened by a building, opaque
masonry wall, or a similar fixed structure.
(17) Convenience Stores with Gas Sales are stores which sell convenience food
items, including food, alcoholic and non - alcoholic beverages, snacks, tobacco.
products, ice, and frequently- needed household items. Convenience stores with gas
sales shall comply with the standards listed below.
a. Sale of gasoline and diesel products is permitted.
b. Installation of automatic car washes is permitted, provided:
. such uses are located at least 100 feet from any residential zoning
district; and
2. car wash openings are oriented away from residential zoning districts.
C. Bay doors shall not be oriented toward public rights -of -ways or residential
zoning districts. However, bay doors may be so oriented if visibility from a
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 138
public right -of -way is completely and permanently screened by a building,
opaque masonry wall, or a similar fixed structure.
d. Auto repairs, excluding drive -in oil change facilities, are prohibited.
e. Co- location of fast food restaurants with convenience stores may be
permitted as a conditional use subject to the following:
1. hours of operation may be limited to ensure compatibility with
adjacent properties and uses;
2. adequate parking is provided onsite for all uses;
3. additional screening and landscaping may be required to minimize the
impact of co- locating businesses;
4. dumpster, trash, recycling, compacting, and related equipment shall be
located at least 100 feet from any property with a residential future
land use plan or zoning designation;
S. drive - through windows may be permitted, as limited herein; and
6. the number, size, and location of permanent signs shall not increase
due to the co- location of uses.
f. Drive -in windows, including queuing areas and ordering areas shall be located,
landscaped, screened, buffered, and oriented in such fashion as to minimize the
impacts of noise, auto exhaust emissions, loud speakers, headlights, and similar
potential nuisance items on adjacent properties possessing a residential future land
use designation or a current residential zoning designation.
(18) Convenience Stores without Gas Sales are stores which principally sell convenience
food items, including food, alcoholic and non - alcoholic beverages, snacks, tobacco
products, ice, and other frequently- needed household items. Sale of gasoline and diesel
products is prohibited. Store size shall not exceed 5,000 square feet. The city council may
limit hours of operation to ensure compatibility with adjacent properties and uses.
(19) Discount Department Stores. Location of discount department stores shall comply
with the requirements of the PGA Boulevard Corridor, as provided in Section of this
code.
(20) Hardware, Paint, Glass, Wallpaper, and Floor Covering Stores are primarily
intended for a neighborhood or community market, and shall not exceed 5,000 square
feet when located in a CN zoning district.
(21) Pottery Shops shall not establish or maintain any outdoor display.
(22) Recreational Vehicle Park (RVP) is a facility designed specifically to accommodate
overnight or short term parking of recreational vehicles, short term guest lodging in
camping cabins, and may include accessory recreational or commercial activities.
a. The site shall be designated "Commercial Recreation" (CR) by the future land use
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map.
b. Minimum property development standards for a RVP are established below.
. Minimum development size: 20 acres.
2. Maximum density: five (5) recreational vehicles per acre, based upon total
number of acres in development.
3. Minimum property development regulations are as follows:
4. Minimum parking requirements are as follows:
Minimum Dimensions
Maximum
Maximum
Use
--------------------------------
Building
Building
Use
Size Width Depth
Height
Coverajae
RV Parking
1,500
Admin., Maint., or
I space per 500
Commercial Site
gross square feet
Space
square
feet
20 feet
40 feet
N/A
N/A
Camping Cabin
1,500
Space
square
feet
20 feet
40 feet
N/A
N/A
7,500
Security
square
2 stories/36
Dwelling
feet
50 feet
100 feet
feet
10%
Admin., Maint.,
or Commercial
2 stories/36
Site
I acre
100 feet
200 feet
feet
10%
4. Minimum parking requirements are as follows:
S. Minimum setbacks: all principal and accessory structures, recreational
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Minimum
Parking
Use
Required
RV Parking Space
I space
Camping Cabin
Space
I space
Security Dwelling
2 spaces
Admin., Maint., or
I space per 500
Commercial Site
gross square feet
S. Minimum setbacks: all principal and accessory structures, recreational
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vehicle spaces, and camping cabin spaces shall be setback at least 50 feet
from any property line.
C. In addition to parking of recreational vehicles, a maximum of ten percent (10 %) of
the total number of spaces may be utilized for camping cabins, subject to the
limitations listed below.
. Each cabin shall comply with the city's building code.
2. Each cabin shall not exceed 400 square feet, including outdoor porches.
3. Each cabin may contain electrical service and outlets, air conditioning, and
heating.
4. Sewer service, potable water, and kitchen facilities are prohibited.
S. Each cabin shall contain a minimum of 50 square feet per occupant.
6. Residence in a camping cabin is restricted to 30 consecutive days, and not
more than 60 calendar days during any one year period.
d. Permitted accessory uses:
recreation amenities, restricted to use by guests, including pools, tennis and
shuffleboard courts, recreation rooms, equestrian facilities, nature and
walking trails, play grounds, tot lots, docks, and similar facilities;
2. gatehouses or similar facilities designed to provide security to the RVP;
3. maintenance facilities;
4. administrative office space necessary for operation of the RVP; and
S. commercial or retail use, restricted to use by guests, including convenience
food and beverage items and recreational vehicle parts.
e. The uses, activities, or improvements listed below are prohibited within a RVP.
Permanent residential use of any RVP land, camping cabin, structure, or
facility is prohibited, excluding occupants of any security quarters that may
be established in the RVP.
2. The installation or construction permanent structures or additions accessory
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to a recreational vehicle, including but not limited to screen rooms,
carports, and utility sheds is prohibited.
3.
Parking of recreational vehicles in areas not designated for such use.
4.
The storage of recreational vehicles.
5.
The sale or dispensing of propane gas, excluding containers already
containing propane gas.
6.
Residence in any recreational vehicle space within park the is restricted to
90 consecutive days, and not more than 180 calendar days during any one
year period.
f. The owner or operator of an RVP shall maintain the following records:
the names and permanent addresses of the occupants of recreational
vehicles;
2.
the dates of occupancy for each recreational vehicle used by guests within
the RVP; and
3.
the year, make, model; and license plate of each recreational vehicle or
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automobile used by RVP guests.
g. A single family dwelling, excluding a mobile home, may be established to provide a
residence for full -time security personnel residing on the premises.
h. Vehicular access to a RVP shall be provided by an arterial or collector roadway.
Access to a RVP through property possessing a residential future land use plan or
zoning designation is prohibited.
i. The RVP shall incorporate a continuous pedestrian and bicycle pathway throughout
the entire area of the site, including connections to all portions of the RVP facility, all
internal roads, all exterior vehicular connections, and uses and amenities installed
for use by guests.
j. Unless otherwise limited herein, each RVP parking stall, central bathing facility,
administrative office, maintenance facility, security quarters, or any other similar use
shall provide a connection to central water and waste water treatment facilities.
(23) Restaurant, General is a high turnover establishment where food and beverages are
prepared and primarily consumed on- premises, and may:
a. operate on a 24 -hour basis;
b. may serve food in a cafeteria or buffet style;
C. may serve alcoholic beverages;
d. may have a drive -in window, provided the drive -in window complies with section
regarding the PGA corridor overlay district;
e. may provide outdoor seating consistent with section ; and
E limited to a maximum of 100 seats when located in a CN zoning district.
(24) Restaurant, Fast Food is a high turnover establishment primarily selling food and
beverages that are generally precooked, prepackage, served in disposable wrapping, and
orders are taken from a counter or a drive -in window. Outdoor seating may be provided
consistent with section
(25) Restaurant, Specialty is an establishment that sells a limited variety of food and
beverages that generally are prepared to order and consumed on- premises, and are
typified by ice cream shops, health food shops, coffee shops, doughnut and bakery shops,
delicatessens, and the like. Specialty restaurants shall comply with the standards listed
below.
a. Drive -in windows are prohibited.
b. Outdoor seating may be provided consistent with section
C. In a CN zoning district, specialty restaurants shall not exceed 2,500 square feet in
size.
d. In a CN zoning district, specialty restaurants shall not exceed 50 seats, including
outdoor seating.
(26) Restaurant, Quality is an establishment where food and beverages are prepared and
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consumed on- premises, alcoholic beverages may be served, and often characterized as
being open only for lunch and dinner, with a lower rate of turnover of clients. Quality
restaurants shall comply with the standards listed below.
a. Drive -in windows are prohibited.
b. Outdoor seating may be provided consistent with section _
(27) Restaurant, Take Out is an establishment where food and beverages are served to be
consumed off - premises. Drive -in windows may be allowed.
(28) Retail, General are those establishments engaged in retail sales and rental of products,
including apparel for women and men; appliance sales; auto parts store; book stores;
business machines and office equipment sales; camera and photography sales and service;
candy, nuts, and confectionary sales; department stores; floor covering sales; food stores,
excluding convenience stores; fumiture stores, hardware and building supply sales;
household goods; lawn and garden sales, including lawnmowers; leather goods and luggage
stores; liquor and package sales; marine equipment sales, excluding boats and personal
water craft; motorcycle sales and parts; music and musical instrument sales; newsstand and
cigar sales; optical goods; pet shops; shoe stores; sporting goods; tobacco shops; toy
stores; and similar uses as may be determined by the growth management director.
(29) Thrift and Used Merchandise, Stores shall not operate collection, classification, and
distribution activities a principal use. Such activities shall be an accessory use to the retail
use. Stores of this nature shall not exceed 3,000 gross square feet in a CN zoning district
and 5,000 gross square feet in a CG I zoning district.
(30) Animal Boarding Kennel may be established, subject to the standards listed below.
a. Boarding shall be limited to cats and dogs, and other domestic pets.
b. The city council may require sound proofing or additional setbacks and landscaping
to minimize noise and visual impacts on adjacent properties.
C. Outdoor runs shall be paved, fenced, and connected to a city- approved
wastewater treatment facility.
(3 1) Auto/Truck Paint and Body Shop shall conduct all activities within an enclosed
building or structure.
(32) Bank or Financial Institution with more than four drive through windows shall be a
conditional use.
(33) Boat Repair shall be screened by an opaque fence or wall along all property lines visible
from a public right -of -way or from adjacent properties.
(34) Clinic, Veterinary shall not allow overnight boarding of animals unless approved as a
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conditional use.
(35) Contractor's Storage Yard shall be screened on all sides consistent with the
requirements of section _, and shall be limited to vehicles, equipment, materials and
supplies associated with the business or enterprise.
(36) Data Processing shall provide proof of adequate parking for employees and visitors prior
to issuance of development order approval, building permit, certificate of occupancy, or
occupational license, whichever occurs first.
(37) Day Care, Child or Adult facilities shall conform with the applicable standards listed
below.
a. Shall be licensed by and comply with all requirements of the Palm Beach County
Health Department, including Chapter 59 -1698, Special Acts, Laws of Florida, as
amended by Chapter 77 -620, Special Acts, Laws of Florida.
b. The minimum lot area shall be not less than 8,000 square feet.
C. If required, a fenced outdoor recreation area of not less than 800 square feet shall
be provided. The outdoor area shall be located in the rear yard in all day care
centers located in residential zoning districts.
d. A day care center shall not exceed the maximum number of children or adults
approved by the city council.
e. Shall operate not more than 18 hours per day.
f. Shall provide a pickup and drop -off facility, including queuing, circulation, and
parking spaces, acceptable to the city engineer and the growth management
department.
g. A four feet high fence or wall shall be installed along the perimeter of the outdoor
play or activity area.
h. Outdoor activity areas shall be landscaped as required by Section_. In addition,
one shade tree per 1,500 square feet of outdoor play or activity area shall be
installed.
i. Al stationary play equipment, dumpsters, garbage cans or recycling bins, and similar
equipment shall be located at least 50 feet from any abutting residential property
line.
(38) Day Care, Family shall comply with the standards listed below.
a. Shall comply with all applicable requirements of Chapter 402, Florida Statutes.
b. Shall comply with all applicable requirements of the Palm Beach County Health
Department, including Chapter 59 -1698, Special Acts, Laws of Florida, as amended
by Chapter 77 -620, Special Acts, Laws of Florida.
C. Shall not exceed an enrollment of more than five children.
d. Shall not operate more than 18 hours per day.
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(39) Dry Cleaning may include on- premise washing, drying, dry cleaning, pressing, and
alterations.
(40) Electronic Repair may include maintenance and repair of the following types of
equipment: televisions, computers, and consumer electronics. The use shall not exceed
5,000 square feet of gross floor area in any commercial zoning district.
(41) Emergency Health Care are establishments not affiliated with a hospital or hospital
emergency room, providing walk -up emergency medical care.
(42) Marina, Commercial and Residential Docks.
a. Marinas are permitted as a conditional use in certain residential and nonresidential
districts, and may be approved as an element of a planned unit development. Any
uses associated with marinas, such as fueling, repairs and maintenance, retail sales,
hauling and storing, and yacht club facilities, may be permitted within certain
districts, as provided below.
In residential districts, fueling may be allowed as an ancillary use if approved
as a conditional use.
2. In CG -1, CG -2, and PUD zoning districts, accessory uses may include
fueling, repairs and maintenance, retail sales outdoor display and storage of
boats, hauling and storage, and yacht club facilities.
3. In CG -1, CG -2, and PUD zoning districts, accessory uses may include
marinas offering permanent, seasonal or transient live aboard
accommodations. Marinas offering such accommodations shall provide
hookup service to approved onshore potable water sources and
wastewater treatment systems, if approved as part of a conditional use.
b. Prior to operation of marina fueling facilities, the owner or developer shall submit
to the city a copy of the applicable State of Florida license, permit, or approval of
the following:
. to operate such facilities; and
2. contingency plan or plans to manage and respond to pollutant discharges,
spills, or other accidents.
The plan shall describe the methods of fuel storage, personnel training, methods to
be used to dispense fuel, and all the procedures, methods, materials, and
emergency response contractors to be used if a spill occurs. The plan shall be
approved by the city fire chief prior to issuance of a building permit to construct the
facilities.
C. Marinas shall prepare hurricane plans which describe measures to be taken to
minimize damage to marina sites, neighboring properties, and the environment.
This hurricane plan shall be submitted to the growth management department, and
must be reviewed and approved by the city fire chief.
d. All marinas shall comply with the requirements listed below.
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I . All marinas must make available sewer pump -out service capable of
servicing or accepting boats inhabited overnight or boats which require
pump -out service.
2. If marina fueling facilities are developed, all measures consistent with
federal, state, county, or city requirements shall be taken to prevent
contamination of area waters from spillage or storage tank leakage.
e. Al applications for development order approval to establish a marina shall be
accompanied by a market study indicating the need, market area, and user profile
of the marina. The study shall include projected costs and revenues proving the
economic feasibility of the marina.
f. All new and expanded marinas shall demonstrate compliance with state water
quality standards by implementing and maintaining a water quality monitoring
program approved by the state department of environmental protection.
g. Minimum standards. The dimensional standards established herein may be waived
in bodies of water where other agencies also have jurisdiction, and the permitting
regulations of those agencies allow greater maximum projections into the
waterway. However, standards for boathouses may not be waived.
Commercial marinas shall also meet all applicable state and federal
regulations for installation and operation of marinas.
2. Docks or boathouses shall not extend into the water more than 50 feet
from the high -water shoreline or ten percent of the waterway width,
whichever is less.
3. Docks or private moorings within or adjacent to any canal located totally
within a residential area shall not exceed the more than the greater of a
width of five feet or ten percent of the canal width.
4. Docks shall not be constructed with a width in excess of ten feet.
S. Docks, mooring pilings, davits, dolphins, or other mooring facility shall not
extend beyond the side setback required for the zoning district within
which the property is located.
6. Any "T" or "L" projection for a dock shall have a maximum length of 20
feet, and shall not extend beyond the side yard setback required for the
zoning district within which the property is located.
7. Mooring pilings may be located 15 feet beyond a dock, provided that the
total projection of the dock and the pilings from the high -water line does
not exceed the lesser of 65 feet or ten percent of the waterway width.
8. Not more than one dock or mooring per lot shall be permitted in a
residential district, except in an approved PUD.
9. Boathouses as accessory or principal uses are prohibited when located on
an upland area.
h. The standards listed below shall apply to all boat and trailers sales.
Al parking areas for display and sale of boats and trailers shall be paved with
asphalt, cement, or other non - dusting surface acceptable to the city
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engineer. Parking lots shall be constructed and maintained to prevent any
surface water accumulation.
2. Al boats and trailers shall meet the setback requirements of the zoning
district in which located.
3. Boats and trailers for display and sale shall maintain the setbacks established
for structures in the zoning district in which located.
4. The standards established in subsections f.1. through f.3 as provided in this
standard shall apply to existing or proposed boat and trailer sales lots.
S. Al boat or trailer sales lots shall be screened in accordance with section
6. Within 120 days following annexation, any boat and trailer sales shall
comply with these requirements.
i. The city shall not issue a building permit to allow construction of a marina or a dock
located in a residential or nonresidential zoning district unless all required approvals,
permits, or other authorizations have been issued by all federal, state, regional, or
other agencies possessing jurisdiction over such structures.
(43) Massage Therapists must be licensed in accordance with Chapter 480, Florida Statutes.
(44) Nursing Facility, Skilled Care. Must be licensed by the state consistent with Chapter
400, Part II, Florida Statutes, and shall be consistent with the standards listed below.
a. Capacity shall be not more than 38 beds per gross acre when designed as part of
an assisted living facility located within a continuing care retirement community.
b. Capacity shall not exceed density limits of underlying future land use category if
operated as a freestanding facility in a residential zoning district.
C. In commercial zoning districts, capacity of such facilities shall be based conformance
with zoning district requirements and the applicable requirements of this code.
(45) Print Shop shall not exceed 5,000 gross square feet in size in commercial zoning districts.
(46) Self Service Storage facilities shall comply with the standards listed below.
a. Individual storage areas shall not exceed 400 square feet.
b. Security or caretakers quarters may be established as an accessory use, shall not
exceed 1,000 square feet, and shall be utilized only by an employ of the facility.
C. Storage of boats and recreational vehicles may be allowed, subject to the following:
storage shall occur only within a designated area, approved as part of the
overall site plan;
2. storage area shall not exceed 25% of the lot area of the site;
3. boats shall be stored on trailers with wheels; and
4. storage areas shall be completely screened from public rights -of -way or
adjacent residential zoning districts, utilizing either the buildings associated
with the storage facility or by an opaque masonry wall, or equivalent
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approved by the city, at least six feet in height.
(47) Video Game and Amusement Parlors shall comply with the standards provided
below.
a. Any video game or amusement parlor shall have at least one adult attendant who
shall be on duty during all business hours.
b. Use and sales of alcoholic beverages, controlled substances, and tobacco on the
premises of an amusement parlor is prohibited.
C. Bicycle parking. The city council may require bicycle racks or similar equipment if
such use is approved.
(48) Employment Office excludes day labor offices, labor pools, and similar construction or
manual hiring facilities.
(49) Interior Design, including Sales. Sale of goods and merchandise is permitted in the
PO zoning district; however, maintaining an inventory or goods and merchandise is
prohibited.
(50) Veterinary Office and Clinic excludes offices with kennels or overnight boarding
facilities unless soundproofed and approved as a conditional use.
(5 1) Churches and Places of Worship shall comply with the standards provided below.
a. Less than 1,000 permanent seats or approved capacity may be located as a
conditional use in any residential zoning district, and in CG -1, CG -2, and P &I
zoning districts.
b. More than 1,000 permanent seats or approved capacity may be located as a
conditional use in the following districts: CG -1, CG -2, PI, M -1, M- I A, and M -2.
C. Typical uses associated with churches and places of worship include the following:
sanctuaries, assembly halls, or similar large meeting rooms where religious
services are held;
2. community centers or fellowship halls, which may be the site of religious
services, but also used for community, athletic, fraternal, social, civic,
charitable, and recreational programs;
3. offices utilized for administrative purposes related to the operation of the
church or place of worship;
4. accessory retail facilities offering merchandise generally related to the
operation of the church or place of worship;
S. playgrounds and athletic fields; and
6. rectory or similar residence for church officials, limited to one per place of
worship.
d. The following uses may be included within any conditional use approval granted by
the city council to establish a church or place of worship, or as an additional
City of Palm Beach Gardens/Land Development Regulations
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conditional use operating as part of the facility:
. school, elementary or secondary;
2. day care, child;
3. day care, adult;
4. assisted living facility; and
S. monastery or convent.
e. Additional standards applicable to churches and places of worship are provided
below.
Up to fifty percent (50 %) of required parking may be grassed consistent
with section of this code.
2. Minimum lot size is two acres.
3. Churches and places of worship with more than 1,000 seats or approved
capacity shall be located on and provide primary vehicular access from the
following roadways: city collector, county minor arterial, state minor
arterial, state, or state principal arterial.
4. Lighting for athletic fields, parking lots, and security shall be shielded from
adjacent residential zoning districts.
S. All day care centers, elementary or secondary schools, monasteries or
convents, or assisted living facilities shall provide primary vehicular access
from the following roadways: city collector, county minor arterial, state
minor arterial, state, or state principal arterial.
E Temporary uses such as special events, outside services, seasonal sales, seasonal
displays, other events of a limited nature may require a special events permit as
required in section _
(52) Governmental Uses include city hall, police station, fire station, branch courthouse,
public office buildings, libraries, maintenance buildings, etc.
(53) Hospital, Public or Private includes those institutions providing primary, secondary, or
tertiary medical care, emergency medical services, including preventive medicine,
diagnostic medicine, treatment and rehabilitative services, medical training programs,
medical research, and may include association with medical schools or other medical
institutions.
(54) Post Office means a retail- and service - oriented facility providing individual post office.
boxes, sale of stamps and other postal services, receipt and distribution of mail, and other
functions as a distribution, sorting and delivery facility.
(55) Post Office, Accessory means a satellite, unstaffed facility for receipt of mail, sale of
postal products via vending machines, and similar convenience functions.
(56) Schools, Public and Private are public or private elementary or secondary schools
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conducting regular classes with a course of study approved by the Florida Department of
Education. All schools shall comply with the standards listed below.
a. Shall conform to all city concurrency requirements.
b. Shall connect to public water and sewer treatment systems, or other systems
approved by the city and the county health department.
C. Shall be approved as a conditional use.
d. Shall conform to all applicable environmental standards and requirements.
e. Shall conform to all city landscaping requirements.
f. Shall dedicate, at no cost, any necessary rights -of -way or easements for roads,
canals, drainage, or public or private utilities.
g. Shall install such road improvements as may be required by the city.
(57) Park, Public is any park owned, operated, and maintained by the state, county, city or
other public agency. Commercial retail or service facilities may be permitted by the city
council in a public recreation area as an accessory use. Such use shall be no closer than 100
feet to any property possessing a residential future land use or zoning designation.
(58) Recreation, Commercial - Indoor are establishments offering entertainment, games of
skill, and similar activities to the general public for a fee, which are enclosed, including
bowling alleys, bingo parlors, movie theaters, ice or roller skating rink, and pool and billiards
halls. The city council may establish hours of operation to minimize impacts on adjacent
properties.
(59) Recreation, Commercial - Outdoor are establishments providing entertainment,
games of skill, and similar activities to the general public for a fee, including such uses as
archery ranges, athletic fields, batting cages, camps and camping areas, golf driving ranges,
miniature golf, swimming pools, tennis courts, and wildlife preserves. Such uses do not
include golf courses, public parks, bungee jumping, miniature auto or motorcycle race
tracks, and similar uses. Outdoor recreational use shall conform to the requirements listed
below.
a. The city council may require adequate separation of such uses from property
possessing a residential future land use or zoning designation.
b. The minimum lot area required for a recreational amusement or attraction, camp,
or wildlife preserve shall be three acres. Public or private athletic courts or facilities
shall have a minimum site area of 20,000 square feet.
C. The city council may require fences or fences of a height up to eight feet for safety
purposes.
d. The city council may establish hours of operation to minimize impacts on adjacent
properties.
e. The city council may also require a landscape buffer, installed and maintained with a
minimum opacity of seventy -five percent (75 %), to protect neighboring property
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from potential loss of use, noise, or other diminution of land value.
E Vehicular access to such facilities shall only be provided from city collector, county
minor arterial, state minor arterial, state, or state principal arterial.
g. Live entertainment events, including concerts, festivals, holiday events or sales, and
similar temporary events require approval by the city manager. Factors affecting
such approval include the following:
I. proposed location;
2. proposed dates;
3. proposed hours of operation;
4. vehicular access;
S. anticipated number of participants;
6. anticipated traffic impacts;
7. proposed nature of events, and potential nuisance through noise, lighting,
music, or other impacts which are not limited to the host site;
8. proposed sanitary measures, including toilets, potable water, and litter and
trash control;
9. nature of tents or structures to be utilized; and
10. proposed security and law enforcement arrangements.
(60) Manufacturing, General includes cabinet or carpenter shops; clothing manufacturing,
drug and pharmaceutical manufacturing; food products manufacturing; frozen food
\ manufacturing; hardware manufacturing; metal products fabrication; millwork and similar
wood products fabrication; shoe manufacturing; water distillation and distribution; welding
shops; and similar uses.
(6 1) Auto, RV, and Boat Storage, Commercial. Storage of autos, recreational vehicles,
boats is allowed, subject to the following:
a. storage shall occur only within a designated area, approved as part of the overall
site plan;
b. storage area shall not exceed 25% of the lot area of the site;
C. boats shall be stored on trailers with wheels; and
d. storage areas shall be completely screened from public rights -of -way or adjacent
residential zoning districts, utilizing the buildings associated either with the storage :.
facility or by an opaque masonry wall, or equivalent approved by the city, six feet in
height.
(62) Helistops shall comply with the requirements listed below.
a. Compliance with the requirements of Chapter 330, Florida Statutes.
b. Refueling, maintenance, and repairs are prohibited.
C. Shall not be utilized for overnight parking of aircraft.
d. Shall establish and utilize a standard approach and departure route that minimizes
impact on adjacent properties.
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e. Shall not be used for commercial purposes, such as regularly - scheduled
commercial flights for the transportation of passengers or products.
(63) Passenger Station includes commercial intrastate and interstate travel, including buses
and trains. Passenger stations shall comply with the standards listed below.
a. Passenger stations shall be located on city collector, county minor arterial, state
minor arterial, state, or state principal arterial roads.
b. Passenger stations shall not be located within 500 feet of property with a residential
future land use plan designation or residential zoning designation.
(64) Utility Plant and Major Substation. Water treatment, sewer treatment, electric, gas
or other utility plants and major substations are permitted as a conditional use in the
following zoning districts: PA PDA, CONS, M 1, M I A, and M2. Utility plants and major
substations shall comply with the standards listed below.
a. The plant will be compatible with surrounding land uses.
b. The plant will implement city- approved odor control policies if sludge is stored on-
site.
C. The plants are setback a minimum of 500 feet from any property with a residential
future land use or zoning designation, or property used as a public park.
d. The plants are setback a minimum of 250 feet from any property with a
nonresidential future land use or zoning designation.
e. A perimeter landscape buffer of at least 25 feet in width will be provided on all sides
of the plant. Landscaping within the buffer shall comply with the requirements of
section of this code.
f. Vehicular access will be provided from a city collector, county minor arterial, state
minor arterial, state, or state principal arterial roads.
(65) Utilities, Minor includes utility poles, utility substations, service boxes for underground
electrical, telephone and cable utilities, lift stations, telephone switching equipment, and
unstaffed exchange buildings. Minor utilities shall comply with the standards listed below.
a. Existing utility poles installed by public utility companies are not required to comply
with minium setbacks of this code.
b. All new or replacement poles shall be concrete and shall conform to city standards
with regard to location within public rights -of -way and easements.
C. Minor utility facilities may be required to be screened if visible from public rights -of-
way or properties with a residential future land use or zoning designation.
(66) Wireless Telecommunications Facilities may be installed subject to the standards and
requirements listed below.
a. Purpose. The purpose of this section is to establish standards for the siting of
wireless telecommunications towers and antennas. The standards are intended to
provide the benefits listed below.
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Protect and promote the public health, safety, and general welfare of the
residents of the city.
2. Minimize potential adverse impacts of towers and antennas on residential
areas and land uses.
3. Encourage the location of towers in nonresidential areas and to locate
them, to the extent possible, in areas where the adverse impact on the
community is minimal.
4. Minimize the total number of towers throughout the community by
strongly encouraging the co- location of antennas on new and pre - existing
towers or other structures a primary option rather than construction of
additional single -use towers.
5. Encourage users of towers and antennas to locate such facilities in a manner
that minimizes the adverse visual impact of the towers and antennas
through careful design, siting, landscape screening, and innovative
camouflaging techniques.
6. Enhance the provision of telecommunications services to the community
through an efficient and timely application process.
b. Additional standards. In furtherance and support of the standards contained herein,
the city shall at all times give due consideration to the city's comprehensive plan,
zoning map, land development regulations, existing land uses, future land uses and
environmentally sensitive areas, including hurricane preparedness areas, in
approving sites for the location of towers and antennas.
C. Definitions. Notwithstanding the definitions of section the following terms
shall have the meanings set forth below, and shall control over any other definition
contained herein.
Alternative tower structure means a structure that camouflages or conceals
the presence of a telecommunication tower. Fore example, manmade trees, clock
towers, bell steeples, light poles, utility poles, and similar alternative designs.
Antenna means a transmitting or receiving device mounted on a tower, building,
or structure used in telecommunications and personal wireless services that
radiates or captures electromagnetic waves, digital signals, analog signals, or radio
frequencies, including, without limitation, directional antennas such as panel and
microwave dish antennas, and omni - directional antennas such as whips, but
excluding radar antennas, amateur radio antennas and satellite earth stations.
Backhaul network means the lines that connect a provider's towers and cell
sites to one or more cellular telephone switching offices, the public switched
telephone network, or long distance providers.
Broadcasting facility means any tower built primarily for the purpose of
broadcasting AM, FM, or television signals.
Equipment cabinet (cabinet) means any structure used to enclose mechanical
equipment to use with or service a tower or antenna.
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Essential service means those services provided by the city and other
govemmental entities that directly relate to the health and safety of the city's
residents, including fire, police, and rescue services.
Extraordinary conditions means conditions which occur subsequent to a
hurricane, flood, or other natural hazard or subsequent to a defective finding on a
previous inspection.
FAA means the Federal Aviation Administration.
Fair market value means the price at which a willing seller, or tower operator,
and willing buyer, or service provider seeking to rent space on an operator's tower,
will trade.
FCC means Federal Communications Commission.
Guyed tower means a telecommunication tower that is supported, in whole or in
part, by guy wires and ground anchors.
Height means the distance measured from the finished grade of the parcel to the
highest point on the tower or other structure, including the base pad and any
antenna or other apparatus.
Lattice tower means a communication tower that is constructed to be self -
supporting by lattice -type supports and without the use of guy wires or other
supports.
Microwave dish antenna means a dish -like antenna used to link
communication, telecommunication, and personal wireless services sites together
by wireless transmission of voice or data.
Monopole tower means a communication tower consisting of a single pole or
spire, self - supported on a permanent foundation, constructed without guy wires,
ground anchors, or other supports.
Operator means an individual, partnership, association, joint -stock company,
trust, corporation, limited liability corporation, or other legal entity engaged in the
control or maintenance of all instrumentalities, facilities, and apparatus incidental to
wireless telecommunication transmission, including but not limited to a tower,
antennas, associated buildings, cabinets, and equipment. For purposes herein, an
operator may or may not hold a sublease, license, agreement, or title to the lot on
which a tower is sited.
Pre - existing towers and pre- existing antennas mean any tower or antenna
for which a building permit or special use permit has been properly issued prior to
January 22, 1998, including all legally existing towers and antennas, whether
permitted or not.
Provider means an individual, partnership, association, joint -stock company, trust,
corporation, limited liability corporation, or other legal entity holding a license of
the proper class, as prescribed and issued by the FCC, and authorized to offer
telecommunications services to the public through radio transmission. A provider is
not necessarily an operator, as defined in this section; however, a provider may
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obtain a license or lease space or equipment from an operator.
State -of -the -art means existing technology with that level of technological
performance, capacity, equipment, components, and service equal to or more
advanced than the technology used by comparable facilities located in comparable
communities in the state, For purposes of this definition, it is established that
different types of facilities, i.e., PCS, cellular, or EMSR, are not considered
comparable to each other, only to those facilities of a similar type.
Stealth facility means any telecommunications facility which is designed to blend
into the surrounding environment. For example, architecturally screened roof -
mounted antennae, building- mounted antennas painted to match the existing
structure, and antennas integrated into architectural elements.
Telecommunications facility means a facility that is used to provide one or
more telecommunications services, including, without limitation, radio transmitting
towers, other supporting structures, and associated facilities used to transmit
telecommunications signals, excluding amateur radio transmitting towers and
broadcasting facilities. An open video system is not a telecommunication facility to
the extent that it provides only video services, and a cable system is not a
telecommunications system to the extent that it provides only cable service.
Telecommunications services means the offering of telecommunication
services (or the transmission, between or among points specified by the user of
information, without change in the form or content of the information), for a fee,
directly to the public, or to such classes of users as to be effectively available directly
to the public, regardless of the facilities used.
Telecommunications tower (Tower) means any structure, and support
thereto, designed and constructed primarily for the purpose of supporting one or
more antennas intended to provide telecommunication services, including lattice,
monopole, and guyed towers. The term includes personal wireless service facilities
used for the provision of commercial mobile services, unlicenced wireless services
which are those telecommunications services using duly authorized devices which
do not require individual licenses, and common carrier wireless exchange access
service. The term does not include radio and television transmission towers,
amateur radio transmitting towers, or broadcast facilities.
Whip antenna means a cylindrical antenna that transmits signals in 360 degrees.
d. Applicability.
1. New towers and antennas. Applicants seeking to construct towers or
antennas in the city shall be subject to these regulations, except where
specifically excluded.
2. Broadcasting facilities; amateur radio station operators; receive -only
antennas; and remote telemetry units. The requirements contained herein
shall not apply to any tower or antenna that is installed for the use of a
broadcasting facility, or is owned and operated by a federally licensed
amateur radio station operator, or is used exclusively for receive -only
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purposes, or is a remote telemetry unit antenna.
3. Pre - existing towers or antennas. Pre - existing towers and pre - existing
antennas shall not be subject to the these requirements, except where
specifically provided.
e. General requirements.
Pre - application conference. Applicants subject to these requirements shall
request a pre - application conference with the growth management
department. The applicant shall reimburse the city for any and all costs and
fees incurred by the city as a result of the pre - application conference.
2. Inventory of approved sites. Each applicant shall review the city's inventory
of approved sites and shall establish, to the reasonable satisfaction of the
growth management department, that no existing tower, structure, or
state -of -the -art technology exists which can accommodate, or be modified
to accommodate, the applicant's proposed antenna due to one or more of
the reasons listed below.
(i) Existing towers or structures located within the geographic search
area as determined by a radio frequency engineer do not have the
capacity to provide reasonable technical service consistent with the
applicant's technical system, including, but not limited to, applicable
FCC requirements.
(ii) Existing towers or structures are not of sufficient height to meet
applicable FCC requirements.
(iii) Existing towers or strictures do not have sufficient structural
strength to support the applicant's proposed antenna and related
equipment.
(iv) The applicant's proposed antenna would cause electromagnetic or
radio frequency interference with an antenna on an existing tower
or structure, or an antenna on an existing tower or structure would
cause interference with the applicant's proposed antenna.
(v) The fees, costs, or contractual provisions required by the operator
in or to share an existing tower or structure, or to adapt an existing
tower or structure for share are unreasonable. Such determination
shall be made by the growth management department. Costs
exceeding new tower development costs are presumed to be
unreasonable.
(vi) Such other limiting factors that render existing towers and
structures unsuitable.
(vii) The cost of implementing state -of -the -art technology used in the
wireless telecommunications industry and within the scope of the
applicant's FCC license is unreasonable or the technology is
unsuitable. Costs of state -of -the -art technology which exceed new
tower or antenna development shall not be presumed to render
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the technology unreasonable or unsuitable.
(viii) An applicant does not have or cannot reasonably obtain the legal
right to utilize an existing tower.
f. Engineering report. All applicants for new towers or applicants seeking to modify
or reconstruct a pre - existing tower to accommodate additional antennas shall
submit to the growth management department an engineering report certified by a
professional engineer licensed to practice in the state. If the city does not accept
the report as provided as accurate, of if the city disagrees with any part of the
report, the time in which an applicant is processed as provided herein shall be
tolled pending further evaluation. The engineering report shall contain the
information indicated below.
1. A site development plan, drawn to scale, including, without limitation, a
legal description of the parent tract and leased parcel, if applicable; on -site
and adjacent land uses; future land use designation of the site; and, a visual
impact analysis (VIA) or a photo digitalization of the tower and all
attachment, including associated buildings and equipment containers at the
property. The VIA to be conducted from four (4) points mutually agreed
upon in a pre - application conference.
2. If applicable, a narrative of why the proposed tower cannot comply with
the requirements of this section.
3. The type of tower and specifics of design.
4. The current wind - loading capacity and a projection of wind - loading capacity
using different types of antennas as contemplated by the applicant. Towers
shall meet or exceed the wind - loading capacity as provided by the
Southern Standard Building Code, as amended or as otherwise replaced by
state law.
S. A statement that the proposed tower, including reception and transmission
functions, will not interfere with the customary transmission or reception of
radio, television, or similar service, as well as other wireless services
enjoyed by adjacent residential and nonresidential properties.
6. A statement that all construction shall comply with all applicable building
codes, associated regulations, and safety standards provided herein. For all
towers attached to existing structures, the statement shall include
certification by a professional engineer licensed to practice in the state that
the structure can support the load superimposed by the proposed tower.
7. Unless specifically exempted by the provisions herein, all towers shall have
the capacity to multiple users, as follows: monopole towers shall be able to
accommodate at least two (2) users; and lattice and guyed towers, at a
minimum, shall be able to accommodate three (3) users.
8. A written statement addressing the applicant's ability to share its proposed
tower, including: the geographical service area requirements; any
mechanical or electrical incompatibility; and any restrictions or limitations of
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the FCC that would preclude the shared use of the tower.
9. Any additional information deemed necessary by the growth management
director to fully assess compliance with the requirements contained herein.
g. Aesthetics. Towers and antennae shall comply with the requirements listed below.
Towers shall maintain either a galvanized steel finish or, subject to any
applicable standards of the FCC or FAA, be painted a neutral color so as to
reduce visual obtrusiveness.
2. At a tower site, the design of the buildings and related structures shall, to
the extent possible, use materials, colors, textures, screening, and
landscaping that will blend into the natural setting and surrounding buildings
to minimize the visual impact.
3. All tower sites, including the entire parcel or parcels controlled by the
operator, must comply with city landscaping requirements. The growth
management director may require landscaping in excess of code
requirements in order to enhance compatibility with adjacent residential
and nonresidential land uses. All landscaping shall be properly maintained at
the operator's expense to ensure good health and viability.
Telecommunications facilities shall be landscaped with a buffer of plant
materials that effectively screens the view of the telecommunications facility
from adjacent residential properties, such facility consisting of the base of
the tower and antennas, backhaul network, and any structure or equipment
cabinet. Existing mature tree growth and natural land forms on the site shall
be preserved to the maximum extent possible.
4. If an antenna is installed on a structure other than a tower, the antenna and
supporting electrical and mechanical equipment must be of a neutral color
that is identical to, or closely compatible with, the color of the supporting
structure so as to make the antenna and related equipment as visually
unobtrusive as possible.
h. Lighting. Signals, artificial lights, or illumination shall not be permitted on any
antenna or tower unless required by the FAA or the FCC. If lighting is required,
the lighting alternatives and design chosen must cause the least disturbance or visual
impacts to the adjacent properties, while maintaining compliance with federal
standards.
i. Setbacks. Towers must be set back from all tower lot lines a minimum distance of
110 percent of the height of the tower.
j. Separation. Any tower shall be separated from any other tower by a distance of
not less than one mile, as measured by a straight line between the bases of the
towers.
k. Setback and separation applicability. Tower setback and separation requirements
shall be applicable to all telecommunication facilities located in the city, irrespective
of municipal and county jurisdictional boundaries.
I. Height. Towers shall not be constructed at a height in excess of the maximum
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limits provided below:
II . 100 feet for a tower with capacity for a single user;
2. 125 feet for a tower with a capacity for two users; or
3. 150 feet for a tower with a capacity for three or more users.
M. Local, state, or federal requirements. The construction, operation, and repair of
telecommunication facilities are subject to the review and approval of the city, and
shall be performed in compliance with all laws, ordinances, and practices affecting
such facilities, including but not limited to land development regulations, building
codes, safety codes, and as provided herein. All construction, operation, and repair
shall be performed in a manner consistent with applicable industry standards,
including the electronic industries association. Prior to the issuance of a building
permit by the city, all towers and antennas must meet or exceed applicable
standards and regulations of the FAA and FCC, including emissions standards, and
any other agency of local, state, or federal government with the authority to
regulate towers and antennas.
n. Retroactive application. If applicable local, state, or federal, standards and
regulations require retroactive application, the operators of the towers and
antennas subject to these requirements shall bring such towers and antennas into
compliance with such revised standards and regulations within six months of the
effective date of such standards and regulations, unless a different compliance
schedule is provided by a controlling state or federal agency.
o. Signs. Excluding any warning signs as provided herein, signs shall not be allowed on
any part of an antenna, tower, or antenna or tower site. For the purposes herein,
signs shall include commercial advertising, noncommercial signs, logos, political
signs, flyers, flags, or banners. Any signs placed in violation of this subsection shall
be removed immediately at the operator's expense. Notwithstanding any other
provisions of the city's land development regulations, the warning signs listed below
shall be utilized in connection with a tower or antenna site.
If high voltage is necessary of the operation of the tower or any accessory
structures, "HIGH VOLTAGE - DANGER" warning signs shall be
permanently attached to the fence or wall surrounding the structure and
spaced not more than 40 feet apart.
2. "NO TRESPASSING" warning signs shall be permanently attached to the
fence or wall surrounding the structure, and spaced not more than 40 feet
apart.
3. The height of the lettering of the warning sighs shall be at least 12 inches.
The warning signs shall be installed at least five feet above the finished
grade.
4. The warning signs may be attached to freestanding poles if the content of
the signs may be obstructed by landscaping.
P. Security fencing. Towers shall be enclosed by security fencing which measures not
less than six feet in height, and shall be equipped with an appropriate anti - climbing
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device or devices.
q. Non - essential services. Towers and antennas shall be regulated and permitted
pursuant to the requirements contained herein, and shall not be regulated,
permitted, or defined as an essential service, public utility, or private utility.
r. Franchises/licenses. Operators of towers or antennas shall certify that all
franchises/licenses require by law for the construction or operation of a wireless
communications system in the city have been obtained and shall file a copy of all
required franchises/licenses with the growth management department prior to the
issuance of the building permit The certification shall be submitted annually to the
growth management department.
S. Public notice. For purposes of this section, and not withstanding any other
requirements with regard to public notice in the city's land development
regulations, applicants shall comply with the public notice procedures of the growth
management department.
t. Cost reimbursement. Each applicant shall reimburse the city for all costs incurred
by the city for the review and processing of any application submitted pursuant to
the requirement contained herein, including but not limited to engineering
expenses, legal expenses, expenses associated with use of consultants to review
such applications, and the costs or costs of any document or drawings associated
with such review. The applicant shall reimburse the city within five days of the ate
of the receipt of an invoice for such expenses. Failure by the applicant to make
such reimbursement when due shall abate or delay the pending application until
paid in full.
U. Reporting. Not less than every two years, at a time determined by the growth
management director, operators shall submit a report to the growth management
director certifying structural and electrical integrity of towers, antennas, and any
similar structures. Each report shall be accompanied by a non refundable fee of
$200.00, or as otherwise determined by the city council, to reimburse the city for
the cost of the review.
V. Inspections. The city may conduct periodic inspections of towers and antennas, at
the operator's expense, to ensure structural and electrical integrity, and compliance
with all requirements contained herein. The city may require more frequent
inspections should there be an emergency, extraordinary conditions, or other
reason or reasons to believe that the structural or electrical integrity of the tower or
antenna is jeopardized. There shall be a maximum of one inspection per year
unless emergency or extraordinary conditions warrant otherwise.
W. Co- location of antennas.
1. Incentives. Pursuant to the intent of these requirements, applicants seeking
to co- locate antennas on existing towers shall be entitled to the incentives
listed below.
(i) A complete application shall be reviewed by the growth
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management department within 45 working days of receipt.
(ii) The growth management director may waive certain requirements
contained in subsection e. of these requirements.
(iii) An application may be administratively approved by the growth
management director, or if not so approved within 45 working
days, the application shall be submitted to the city council for
review.
X. Criteria for approval. An applicant for co- location may be administratively
approved if the tower which is modified or reconstructed to accommodate the co-
location of an additional antenna meets one or more of the criteria listed below.
1. It is the same or substantially similar tower type as the original tower.
2. It is a tower type which is less obtrusive, specifically a stealth tower or a
monopole tower.
3. It is modified or rebuilt to a taller height to accommodate the co- location of
one or more additional antennas, subject to the maximum height
restrictions contained herein. The provision also shall be applicable to utility
and power poles.
Y. Replacement. A tower which is being replaced to accommodate the co- location of
one or more additional antennas may be located on -site within 50 feet of the pre-
existing tower. After the replacement tower is constructed, only one tower may
remain on the site. A tower built to replace a pre - existing tower shall continue to
be measured from the location of the pre - existing tower for purposes of separation
distances between towers.
Z. Antenna, microwave dish, and cable microcell review. An antenna which is
intended to be attached to any commercial, industrial, professional, or institutional
structure, including utility or light pole, may be approved on an administrative basis
or as an administrative amendment by the growth management director.
Applications for such administrative approval shall comply with the standards listed
below.
The antenna does not extend more than 15 feet above the highest point of
the structure.
2. the antenna complies with all applicable FAA and FCC regulations, and all
applicable building codes.
3. To minimize adverse visual impacts, the antenna has been selected based
upon the following priority: (1) stealth, (2) panel, (3) whip, and (4) dish. If
the first priority is not selected, the applicant shall demonstrate, in a manner
acceptable to the growth management director, why each subsequent
priority cannot be used for a particular application.
4. Microwave dish antennas may be administratively approved if such dishes
are:
(i) (a) located less than 65 feet above the ground and do not exceed
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six feet in diameter; or
(ii) (b) are located 65 or more feet above the ground and do not
exceed eight feet in diameter.
Ground mounted dish antennas shall be located or screened so as not to
be visible form abutting public streets.
S. Installation of a cable microcell network through the use of multiple low -
powered transmitters /receivers attached to existing wireline systems such
as conventional cable or telephone wires, or similar technology that does
not require the use of towers may be reviewed by the growth
management director on an administrative basis or as an administrative
amendment.
aa. Permitted uses on public property.
General. This subsection is applicable to applicants seeking to locate
antennas and towers on property owned, leased, maintained, or otherwise
controlled by the city or property possessing a PA zoning designation. The
city council reserves the right to modify or waive the requirements for
locating on public property and shall not be required to provide access to
public property.
2. Standards for approval. All applications requesting approval to locate
towers or antennas on public property shall comply with the requirements
listed below.
(i) Submission of an application to the growth management
department, including all information as required by subsection e.
herein.
(ii) Applications shall be reviewed by the city council within 30 days
from the submission of a competed application.
(iii) The city council, at its discretion, may waive or modify certain
requirements contained herein, including setback and separation
requirements, consistent with the provisions of section
(iv) An application submitted by a public agency to locate a tower or
antenna in accordance with the requirements herein, may be
administratively reviewed. However, administrative review shall
occur only if the tower or antenna is intended for use for public
purposes only and is not intended or used for commercial or
financial gain.
bb. Lease or agreement required. Use of city property for location of a tower or
antenna shall require a lease or other agreement approved by the city council,
consistent with the requirements listed below.
1. Prior to or concurrent with approval of an application for construction,
installation, or placement of a telecommunications facility of property
owned, leased, or otherwise controlled by the city, the applicant shall
execute a lease or other agreement in a form acceptable to the city.
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2. The city may require, as a condition of entering into a lease or other
agreement with an applicant, the dedication of space on the tower for
public health and safety purposes, or property improvements to the site.
Any dedications or improvements shall be negotiated prior to execution of
the lese. The city may, in its discretion, provide a license, lease agreement,
or other agreement in lieu of a lease.
3. A lease or license granted as provided herein shall not convey any exclusive
right, privilege, permit, or franchise to occupy of use the public lands of the
city for delivery of telecommunications services or any other purpose. A
lease or license granted as provided herein shall not convey any right, title,
or interest in the public lands other than a leasehold interest, but shall be
deemed only to allow the use of the public lands for the limited purposes
or temporary uses, and the term stated in the lease or license. A lease,
license, or other agreement shall not be construed as a conveyance of a
title interest in the property.
CC. Permitted uses on private property.
General. The requirements listed below shall apply to all applicants seeking
to located towers or antennas on private property.
(i) Each application shall include the information as required in
subsection e. herein.
(ii) Each application shall be accompanied by a non refundable fee of
$1,500.00, or as otherwise determined by the city council, to
reimburse the city for the costs of reviewing the application.
(iii) The city shall respond to each application within the time dictated
by the nature and scope of the individual request, subject to the
generally applicable time frames and pursuant to the intent of
Section 704 of the federal Telecommunications Act of 1996, but in
no event more than 45 working days for an administrative review
and decision of the application. Building permit applications shall be
processed within a reasonable period of time.
(iv) If an application submitted as provided herein is denied, the
applicant shall file a development order application for conditional
use approval prior to filing any appeal based upon the denial.
dd. Permitted land uses. Location of a tower may be permitted in the industrial or
commercial future land use categories, subject to the requirements contained
herein.
ee. Application and review.
Applications for development order approval to locate a tower on property
possessing an industrial or commercial future land use designation shall be
subject to review by the city council through the major site plan review
process. In addition to any other requirements of this chapter, such
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applications shall include the information as required by subsection e.
herein.
2. Applications for development order approval to locate an alternative tower
structure on property possessing an industrial or commercial future land
use may be granted administrative approval by the growth management
director
ff. Conditional use review.
General. The provisions contained within this subsection shall apply when
a development order application or construction of a tower or placement
of an antenna fails to meet all of the criteria and standards for approval as
contained herein. An application for development order approval of a
conditional use shall include all the information described in subsection e.
herein, information required by section applicable to conditional
uses, and such other reasonable requests for information as the city may
require. In addition to any other requirements contained herein or as
provided in section , the provisions listed below shall govern
conditional use approval by the city council.
2. Compliance with the requirements and procedures applicable to
applications for development order approval of a conditional use.
3. In granting such conditional use approval, the city council may impose
conditions, to the extent the city council deems such conditions are
necessary, to minimize any adverse effect of the proposed tower or
antenna on adjoining properties.
4. Any information of an engineering nature that is submitted by an applicant,
whether civil, mechanical, or electrical, shall be certified by a professional
engineer licensed in the state.
gg. Separation. All towers and antennas for which conditional use approval is
necessary shall be separated from residential land uses, as designated by the
applicable comprehensive plan or land development regulations, by the greater of
500 feet or 300 percent of tower height. Tower separation shall be measured
from the base of the tower to the lot line of the nearest residential use.
hh. Standards for approval. In addition to any other standards utilized to consider a
request for development order approval of a conditional use, the factors listed
below also shall be considered by the city council when considering such
applications.
Availability of suitable existing towers, other structures, or state -of -the -art
technologies not requiring the use of towers or structures, as provided
herein.
2. Height of the proposed tower.
3. The setback and separation distances between the proposed tower and the
nearest properties possessing a residential future land use designation.
4. Nature of uses on adjacent and nearby properties.
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S. Topography of surrounding properties.
6. Existing vegetation, tree coverage, and foliage on the proposed tower site
and surrounding properties.
7. The design of the proposed tower, with particular reference to design
characteristics that have the effect or reducing or eliminating visual
obtrusiveness.
8. Proposed ingress and egress to the site.
H. Buildings or other equipment facilities. The standards listed below shall apply to
buildings or other equipment facilities.
Antennas mounted on structures or rooftops. The equipment cabinet used
in association with antennas mounted on strictures or rooftops shall comply
with all the standards listed below.
(i) For buildings which are either not more than four stories in height
or not more than 64 feet in height, a cabinet shall not be located on
the roof of the structure if it exceeds 100 square feet or gross floor
area or three feet in height. This restriction shall not apply if the
cabinet is completely screened from view, as provided in this
chapter, or the cabinet is completely screened in a manner
consistent with the architectural style, colors, and materials of the
structure on which the cabinet is located.
(ii) For all other buildings or structures, the cabinet shall not occupy
more than 450 gross square feet or be more than eight (8) in
height. This restriction shall not apply if the cabinet is completely
screened in a manner consistent with the architectural style, colors,
and materials of the structure on which the cabinet is located.
(iii) A structural analysis of the supporting building or structure,
performed by a professional engineer, shall be submitted as part of
the application.
(iv) Cabinets shall comply with all applicable building codes and land
development regulations, including minimum required setbacks, as
provided in this chapter.
jj. Antennas mounted on utility or light poles. The equipment cabinet used in
association with antennas mounted on utility or light poles shall comply with the
standards listed below.
1. A cabinet may be located within a side yard setback of a residential zoning
district if the cabinet is not more than eight feet in height and does not
occupy more than 300 square feet of gross floor area. The cabinet shall be
set back at least five feet from any lot line. The cabinet shall be screened by
an evergreen hedge with an ultimate height of at least 42 to 48 inches, and
a planted height of at least 36 inches.
2. A cabinet may be located within a rear yard setback of a residential zoning
district if the cabinet is not more than eight feet in height and does not
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occupy more than 300 square feet of gross floor area. The cabinet shall be
screened by an evergreen hedge with an ultimate height of at least 72
inches, and a planted height of at least 36 inches.
3. In commercial or industrial zoning districts, the equipment cabinet shall not
exceed eight feet in height and occupy more than 300 square feet of gross
floor area. The cabinet shall be screened by an evergreen hedge with an
ultimate height of at least 72 inches, and a planted height of at least 36
inches.
4. In all other instances, cabinets shall be screened from view of all properties
with a residential future land use designation which abut or are directly
adjacent to a cabinet. Screening shall consist of a solid masonry wall eight
feet in height and an evergreen hedge with an ultimate height of at least 96
inches and a planted height of at least 36 inches.
kk. Antennas located on towers. The related unmanned equipment structure shall not
occupy more than 1 ,500 square feet of gross floor area or be more than eight feet
in height. The cabinet shall be located or installed in accordance with the minimum
setback requirements of the underlying zoning district. Equipment not used in
direct support of a tower facility shall not be stored or kept on the site of the
tower, unless necessary for ongoing repairs to the tower.
II. Security or surety for abandoned antennas and towers.
Abandonment. Any antenna or tower that is not operated for a continuous
period of 12 months shall be considered abandoned, and the operator of
such antenna or tower shall remove same within 90 days of receipt of
notice from the city notifying the operator of such abandonment. Failure to
remove an abandoned antenna or tower within the 90 days shall constitute
grounds for removal of the structure by the city at the provider's expense,
as provided herein. If there are two or more users of a single tower, then
this provision shall not become effective until all users cease using the
tower.
2. Security fund. Security shall be provided as indicated below.
(i) Every provider, whether on public or private property, shall
establish a cash security fund, or provide the city with an irrevocable
letter of credit in the same amount, to secure the payment of
removing an antenna or tower that has been determined to be
abandoned. The amount to be provided for each tower shall be
$25,000.00, and the amount for each antenna array shall be
$5,000.00.
(ii) At the city's discretion, a provider may in lieu of a cash security
fund or letter of credit, file and maintain with the city a bond with an
acceptable surety in the amount provided for herein. The provider
and the surety shall be jointly and severally liable under the terms of
the bond.
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(iii) In the alternative, at the city's discretion, a provider may, in lieu of
the cash security fund, letter of credit, or bond, file with the city a
corporate guarantee in a form acceptable to the city to be used as a
security fund.
mm. Use of security or surety. In the event the city commences removal proceedings
as provided herein, upon five working days notice to the facility owner, the city shall
have the right to draw down funds from the security fund, letter of credit, bond, or
corporate guarantee.
nn. Nonconforming uses.
I . Pre - existing towers. Pre - existing towers shall be allowed to continue their
usage as such towers presently exist. Routine maintenance, including
replacement with a new tower of the same construction and height, shall
be permitted on such pre - existing towers. New construction other that
routine maintenance on a pre - existing tower shall comply with the
requirements of this section.
2. Damaged or destroyed nonconforming towers.
3. Pre - existing towers or antennas which are damaged or destroyed may be
rebuilt without having to first obtain administrative approval from the
growth management division, and without having to comply with the
separation requirements as provided herein.
4. A tower rebuilt pursuant to the provisions contained herein shall be of the
same type, height, and intensity as the original tower. Building permits to
rebuild a damaged or destroyed tower shall comply with applicable building
codes. Building permits to rebuild such towers shall be obtained within
180 days from the date the tower is damaged or destroyed. If no permit is
obtained within 180 days, or if the permit expires, the tower of antenna
shall be deemed abandoned as specified herein.
oo. Indemnification and insurance. The city shall not enter into any lease or license
agreement until and unless indemnification and insurance is provided as required
below.
Indemnification. Each operator shall provide an adequate indemnity. The
indemnity shall comply with the criteria listed below.
(i) The indemnity shall release the city from and against any and all
liability and responsibility in or arising out of the construction,
operation, or repair of the telecommunications facility. Each
operator must further agree not to sue or seek and money or
damages from the city in connection with the above - mentioned
matters.
(ii) The indemnity shall indemnify and hold harmless the city, its
trustees, elected and appointed officers, agents, servants, and
employees, from and against any and all claims, demands, or causes
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of action of whatsoever kind or nature, and the resulting losses,
costs, expenses, reasonable attorneys' fees, liabilities, damages,
orders, judgments, or decrees, sustained by the city or any third
party arising out of, or by reason of, or resulting from the operator,
or its agents, employees, or servants of the negligent acts, errors,
or omissions of the operator.
(iii) The indemnity shall provide that the covenants and representations
relating to the indemnification provision shall survive the term of
any agreement and continue in full force and effect as to the party's
responsibility to indemnify.
pp. Comprehensive general liability. An operator and its contractors or subcontractors
engaged in work on the operator's behalf shall maintain minimum insurance to
cover liability, bodily injury, and property damage. Exposures to be covered shall
include premises, operations, and certain contracts. Coverage shall be written on
an occurrence basis, and shall be included, as applicable, in the lease agreement
between the city and the operator.
qq. Other requirements. In addition to the foregoing, the requirements listed below
also shall be satisfied.
1. An operator shall not commence construction or operation of a
telecommunication facility without obtaining all insurance required herein
and approval of such insurance by the city's risk manager. An operator shall
not allow any contractor or subcontractor to commence work on its
contract or subcontract until all such insurance required of the same has
been obtained and approved in a like manner.
2. The required insurance must be obtained and maintained for the life of the
entire period the telecommunications facility is in existence. If the operator,
its contractors, or subcontractors do no have or maintain the required
insurance, the city may order such entitles to stop operations until the
insurance is obtained and approved.
3. Certificates of insurance reflecting evidence of the required insurance shall
be filed with the city's risk manager. The certificate shall be filed prior to
the commencement of construction and once a year thereafter, and as
provided below in the event of a lapse in coverage.
4. The certificate shall contain a provision that coverages afforded under these
policies will not be canceled until at least 30 days prior written notice has
been given to the city.
S. Policies shall be issued by companies authorized to conduct business under
the laws of the State of Florida.
6. In the event the insurance certificate provided indicates the insurance shall
terminate or lapse during the period of the lease or license agreement with
the city, the telecommunications facility operator shall furnish, at least 30
days prior to the expiration of such insurance, a renewed certificate of
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insurance evidencing equal and like coverage for the balance of the period.
rr. Penalties. A violation of any provision of these requirements shall be subject to
enforcement as provided in chapter 2 of the city's code or as otherwise provided
within this chapter.
(67) Agriculture does not include the following: commercial feed lots, raising or sale of fur -
bearing animals, riding academies, livery or boarding stables, or dog kennels.
(68) Excavation and Fill, and Borrow Pit Operations shall comply with the standards
provided below.
a. Policy. It is the policy of the city to protect the property and residents of the city
from the dangers and public nuisances created by improperly planned, poorly
executed, or inadequately supervised mining operations, excavation and fill
operations, and borrow pit operations, including the following:
1. irregular holes in the land which are unsightly and collect water that
becomes or may become stagnant and contributes to the breeding of
mosquitoes;
2. uncovered mounds of excavated earth which are unsightly and contribute
to the erosion of surrounding land, hasten the sedimentation of drainage
canals and facilities, and produce windblown irritants and contamination;
3. artificial lakes, drainage ditches, and canals which have been created or
excavated with the proper planning, design, or supervision needed to avoid
overburdening existing public drainage canals and /or drainage facilities,
thereby creating flooding and unsanitary conditions in various parts of the
city; and
4. land left in unsightly condition which makes it impossible or difficult to
develop for any other useful purpose or makes it impossible or difficult for
the city to plan and provide for proper and sufficient overall public drainage
through its public drainage canals and other public drainage facilities.
Ordinances and resolutions hereafter adopted by the city concerning excavation
and fill operations and borrow pit operations shall be consistent with the
preservation of those lands now being used for residential, business, and
recreational purposes and with fostering the creation of new, suitable, and desirable
locations to be used for residential business, and recreational purposes.
b. Operations allowed. Excavation and fill operations and borrow pit operations may
be allowed as provided below.
Excavation and fill operations may be allowed upon approval by the city
council as part of a development order issued in accordance with section
of this code, but not as an independent development order only for
excavation and fill operations.
2. Borrow pit operations may be allowed upon application to the city and
approval by the city council as a conditional use, in accordance with the
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provisions of section of this code.
C. Permits, plans and specifications, surety, and permit fees for excavation and fill
operations. Excavation and fill operations may be allowed, subject to the
requirements listed below.
Before excavation and fill operations are commenced and after the overall
development order has been approved by the city council, the owner,
lessee, or authorized agent of the property owner or lessee of the affected
property shall obtain a permit from the city, as well as any and all other
applicable county, district, state, or federal permits.
2. The plans and specifications of the proposed excavation and fill operations,
showing the manner in which the land will be left after the excavation and
fill operations are completed shall include all dimensions of every lake,
drainage canal, or drainage ditch created, including minimum slope
dimensions required by subsection , together with all
necessary information concerning where and how such waterways shall be
connected to the existing public drainage facilities, if applicable. All such
plans and specifications shall be submitted by the applicant to the city prior
to the commencement of any excavation and fill operations. The plans and
specifications shall be prepared by an engineer registered and licensed in
the State of Florida.
3. All fill material from approved excavation and fill operations shall remain on
the subject property, provided that removal of any fill material may be
permitted as an accessory use specified in the development order
approved by the city council. As an accessory use, fill material created by
excavation may be removed from the subject property and relocated to
another site.
4. Upon approval of the plans and specifications for excavation and fill
operations, the applicant, before receiving a permit to commence the
operations, shall provide surety in the form of a completion bond or
irrevocable letter of credit to the city in an amount and in such for as is
acceptable to the city. The surety shall secure and guarantee the carrying
out of the approved plans and specifications.
S. The applicant shall pay such excavation and fill permit fees as may be
established by the city. Anyone receiving the fill material shall be
responsible for the payment of the permit fees to the city with the
excavation site designated in the permit application is not located in the city;
otherwise the excavator identified in the fill permit application shall be
responsible for payment of the fees.
6. Prior to any permit being granted for excavation and fill operations, the
applicant shall provide a letter to the city certifying the applicant's familiarity
and intent to comply specifically with the regulations and standards found in
articles _ and _ regarding environmental preservation, landscaping,
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revegetation. The slopes shall be adequately vegetated with appropriate
ground cover from the top of back to edge of water within 30 days of final
grading and thereafter maintained to prevent wind and water erosion.
6. Upon completion of a borrow pit operation, an engineer registered in the
State of Florida shall provide the city with a certified plan indicating the work
has been performed in accordance with the approved plans.
7. A borrow pit which was lawfully in use prior to the effective date of this
section may continue to be used, provided that any enlargement of such
borrow pit shall require a permit from the city and shall be subject to the
ordinances and regulations in effect at the time the enlargement is
proposed.
e. Mining operations prohibited. Mining operations shall not be permitted or
commenced on any lands within the city, unless approved by a development order
issued prior to the effective date of this section or prior to the effective date of
Ordinance
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and vegetation protection.
7.
Upon completion of an excavation and fill operation, an engineer registered
in the State of Florida shall provide the city with a certified plan indicating
the work has been performed in accordance with the approved plans.
8.
Canal maintenance shall not be considered excavation and fill, and permits
are not required.
d. Permits, plans and specifications, surety, and permit fees for borrow pit operations.
Borrow pit operations may be allowed, subject to the requirements listed below.
Before borrow pit operations begin, the owner, the lessee, or an
authorized agent of the owner or lessee of the affected property shall
obtain approval and a permit for a conditional use, as well as all applicable
county, district, state, or federal permits. -
2.
The plans and specifications of the proposed borrow pit operations shall
meet the same requirements as set forth in the section for excavation and
fill operations. The plans and specifications shall be prepared by an
engineer registered and licensed in the State of Florida.
3.
The applicant shall pay such borrow pit permit fees to develop a borrow pit
as may be established by the city.
4.
Prior to any permit being granted for excavation and fill operations, the
applicant shall provide a letter to the city certifying the applicant's familiarity
and intent to comply specifically with the regulations and standards found in
articles — and _, regarding environmental preservation, landscaping,
and vegetation protection.
S.
The grading and construction of slopes in a borrow pit shall comply with
the minimum standards adopted by the South Florida Water Management
District. Grades and slopes shall be constructed in such a manner as to
minimize soil erosion and to make the land surface suitable for
revegetation. The slopes shall be adequately vegetated with appropriate
ground cover from the top of back to edge of water within 30 days of final
grading and thereafter maintained to prevent wind and water erosion.
6. Upon completion of a borrow pit operation, an engineer registered in the
State of Florida shall provide the city with a certified plan indicating the work
has been performed in accordance with the approved plans.
7. A borrow pit which was lawfully in use prior to the effective date of this
section may continue to be used, provided that any enlargement of such
borrow pit shall require a permit from the city and shall be subject to the
ordinances and regulations in effect at the time the enlargement is
proposed.
e. Mining operations prohibited. Mining operations shall not be permitted or
commenced on any lands within the city, unless approved by a development order
issued prior to the effective date of this section or prior to the effective date of
Ordinance
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(69) Mobile Home, Temporary. The temporary conditional use of a mobile home may be
authorized by the city council when such use is necessary and incidental for the purposes
listed below.
a. Maintaining security in remote or isolated areas of the city or areas reasonably
inaccessible to regular police patrol or where reasonable regular police patrol
cannot be maintained due to the vastness of an area.
b. When a commercial or industrial use requires a temporary facility during the
planning or construction of a permanent structure.
C. Authorization. The city council may authorize the temporary mobile home use as
defined herein, subject to the following:
. demonstration of need by the business or property owner;
2. evidence the temporary use will not impair the value and appearance of
surrounding properties;
3. installation, within a specific period of time as prescribed by the city council,
of proper screening, landscaping, and buffering; and
4. a determination the temporary use shall be consistent with the intent and
purpose of this chapter.
d. Any temporary mobile home use authorized by the city council shall expire on a
certain date. Unless an extension is granted by the city council, the temporary
mobile home shall be removed by such date, or be subject to enforcement
proceedings as established in Section of this code. The city council may grant
one extension, not to exceed six months from the date of expiration of the original
authorization.
e. Form of approval. Any temporary mobile home use authorized by the city council
shall be approved by resolution, containing all terms and conditions affecting the
temporary use.
f. Form of application. An application shall be filed with the growth management
department and shall contain the following information:
. the location for which the use is requested;
2. the intended use of the structure;
3. the size of the structure;
4. the reasons for the request;
S. the consent of the property owner;
6. proof of connection to necessary electrical, water, and sewer utilities; and
7. such other information requested by the growth management department.
(70) Recreational Uses, Accessory. Any parks, playgrounds and play fields, or recreational
or community structures maintained by any property owners' association are permissible
conditional uses in any zoning district.
(71) Satellite Dishes. The requirements pertaining to the location and installation of satellite
City of Palm Beach Gardens/Land Development Regulations
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dish antennas established in this section shall apply to all properties in residential,
commercial, and all planned development overlay zoning districts.
a. General requirements. All satellite dish antenna installations shall meet the
requirements listed below.
The satellite dish antenna shall be considered an accessory structure
requiring a building permit to be issued prior to installation. Subsequent to
installation, the antenna shall be maintained in compliance with all applicable
building and electrical codes.
2. The satellite dish antenna installation and any part thereof shall maintain
vertical and horizontal clearances from any electric lines and shall conform
to the National Electrical Code, as amended.
3. The satellite dish antenna installation shall meet all FCC and manufacturer
specifications, rules, and requirements.
4. The satellite dish antenna shall be of a nonreflective surface material and
shall, to the maximum extent possible, conform with the surrounding area
and structures.
S. The satellite dish antenna shall contain no advertising or signage of any type.
6. The satellite dish antenna installation shall be placed only in a side and rear
yard of a principal dwelling or commercial structure, subject to the
exceptions noted below.
7. On double - frontage lots, satellite dish antennas shall be permitted in side
yards only.
8. On a corner lot, satellite dish antennas shall not be permitted in the side
yard facing the street right -of -way.
9. A satellite dish antenna shall, to the maximum extent possible, be screened
from view from a street right -of -way.
b. Standards for installation in residential developments. Satellite dishes installed in
residential developments shall conform to the standards provided below.
1. A satellite dish antenna installed pursuant to this section shall not be used
for any commercial purposes, and shall only provide service to the main
dwelling structure.
2. Satellite dish antenna installations shall be limited to one installation per
residential lot.
3. The maximum size of the satellite dish antenna, whether ground or pole
mounted, shall be limited to 12 feet in diameter.
4. The maximum height of a ground- mounted satellite dish antenna
installation shall be 15 feet.
S. The maximum height of a pole- mounted satellite dish antenna shall not be
installed above the ridge of the roof.
6. A satellite dish antenna shall not be installed on the roof of any main
dwelling structure.
7. The satellite dish antenna installation, whether ground or pole, shall be
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Sec. 94.
C.
n
Uses.
mounted at a fixed point and shall not be portable.
Nonconforming antenna. Any satellite dish antenna lawfully installed prior to the
enactment these standards shall be allowed to remain. However, if such antenna is
replaced or removed, the antenna shall comply with the provisions of this section.
Exemptions. The following satellite dishes are exempt from the requirements of
this section:
satellite dishes 39 inches or less in diameter installed in a residential zoning
district; and
2. satellite dishes 78 inches or less in diameter installed in nonresidential
zoning district
ARTICLE V.
Supplementary District Regulations
Division 1.
General
Uses. A building, structure, premise, or land shall not be used or occupied exempt in conformity with this
chapter. A building or structure, or part thereof, shall not be erected, constructed, reconstructed, moved,
or altered except in conformity with this chapter.
(a) Access. Every structure erected or moved shall be located on a building site, lot, or parcel with
safe and convenient access for vehicles, pedestrians, public safety protection, and required off -
street parking, in accordance with applicable requirements of this chapter and ordinances adopted
by the city. Access shall be installed in a manner acceptable to the city engineer.
(b) Limitation on number of principal structures on lots in residential areas. Except as
provided in herein, only one principal residential structure, except for multifamily structures and
cluster developments, may be erected on any lot.
(c) Accessory structures and uses. An accessory use or structure is clearly incidental and
subordinate to the principal use or structure, and is located on the same lot or parcel. An
accessory use may not be established unless the principal use is present.
(1) General standards. Any accessory use customarily associated with a principal use that is
permitted by right may be established provided such use is consistent with the
requirements of this chapter. An accessory use customarily associated with a principal use
which requires conditional use approval may be established provided it complies with the
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standards and criteria associated with the conditional use. Accessory uses shall be
consistent with any applicable provision of a development order approved by the city
council, and shall comply with any architectural, design, or related standards adopted as
part of this chapter.
(2) Location of attached accessory structures and uses. When an accessory structure
is attached to a principal structure by a breeze way, passage, or similar feature, the
accessory structure shall comply with the property development regulations, including
setbacks and height, applicable to the principal structure.
(3) Detached accessory uses and structures. Detached uses and structures are
permitted in all districts, provided the uses and structures are separated from the main
structure by not less than five feet and are of a nature customarily incidental and clearly
subordinate to a permitted or permissible principal use or structure. Unless otherwise
provided herein, detached accessory structures shall be located on the same lot as the
principal structure. Detached accessory structures or uses shall be compatible with the
zoning district where located, and shall comply with the standards listed below.
a. Accessory uses and structures shall not be located in required front, rear, or side
setbacks in any residential district, except as provided herein. On double- frontage
lots and through lots, accessory uses and structures may only be located in side
yards, outside of the required setback. On a corner lot, an accessory structure shall
not be allowed in the side yard facing the street right -of -way.
b. Accessory structures, such as private garages or other similar structures having
vertical walls, may be located on or attached to the side or rear of a principal
structure, provided all minimum setback requirements are maintained.
C. Air conditioning compressors or other equipment designed to serve the principal
structure may be located in any required side or rear setback. Such equipment
shall be located immediately adjacent to the principal structure, and shall allow at
least three feet of yard that is free and clear of any machinery. Equipment of this
nature shall be screened from view of adjoining properties.
d. Accessory structures on a comer lot shall not be erected nearer to the side street
than the minimum front setback line of the adjoining lot to the rear of the corner
lot.
(4) Residential districts. Accessory uses and structures permitted in any residential district
shall include the following:
a. noncommercial greenhouses and plant nurseries;
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b. servants quarters and guesthouses;
C. private garages, private boathouses, or shelters which do not exceed 600 square
feet in area;
d. individual private boat dock for the exclusive use of the owners or residents of the
upland dwelling unit or units;
e. toolhouses, garden sheds, and garden work centers which do not to exceed 100
square feet and with no side greater than ten feet in length;
f. recreation areas and equipment;
g. private barbecue pits;
h. swimming pools; and
i. nonresidential facilities for security guards and caretakers, and similar uses or
structures.
(5) Residential accessory uses shall not:
a. involve the conduct of business of any kind;
b. attract visitors in larger numbers than would normally be expected in a residential
neighborhood;
C. involve operations or structures not in keeping with the character of a residential
neighborhood; and
d. exceed setback requirements applicable to the principal structure.
(6) Illuminated tennis courts, basketball courts, or similar accessory facilities that are accessory
uses to a single dwelling unit shall not be illuminated or utilized after 10:00 p.m.
Sec. 95. Illumination of uses and I
buildings. Expanded.
Illumination. Any lighting used to illuminate signs,
parking areas, or for other purposes shall be so
arranged that the source of light does not shine directly or indirectly into adjacent residential properties and
does not interfere with traffic. Illumination of vehicle use areas, canopies, storage areas, or other areas
associated with a use shall not be utilized as a means to attract attention. Illumination shall provide for
levels of light to provide overall security, and to allow for the safe movement of pedestrians and vehicles.
(a) Definitions. For the purposes of this section, the following definitions shall apply, and shall
supercede other definitions contained in this chapter.
Cutoff luminaire means a luminaire containing various elements, including shields or reflectors
which direct and cutoff light at a specific angle.
Glare means light emitted from a luminaire or other light source which causes eye discomfort, and
may reduce a viewer's ability to see, or may in extreme cases cause momentary blindness.
Light trespass means the shining of light produced by a luminaire beyond the boundaries of the
City of Palm Beach Gardens/Land Development Regulations
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property on which it is located.
Luminaire means a complete lighting unit or system, including lamps and all necessary electrical,
mechanical, decorative, and structural elements or parts.
Residential district means any property with a residential future land use designation or zoning
district designation, or any residential portion of a PUD or PCD.
(b) Residential districts. Lighting and fixtures shall be installed in such a manner that the source of
light does not shine directly into adjacent residential districts, as required below.
(1) Lighting at property line. Where lighting occurs adjacent to residential district, not
more than 0.5 foot candle light trespass shall exist at a point inside the residential property
line.
(2) Freestanding light poles. Freestanding light poles located within 100 feet of a
residential zoning district or the residential portion of a PUD or PCD shall be a cutoff
luminaire, or equivalent, with a maximum angle of 90 degrees (see Figure _).
(3) House shields. House shields, or equivalent, shall be required for all fixtures located
within 25 feet of a residential district.
(4) Flood lights and security lighting. Flood lights, security lighting, or similar equipment,
whether or not wall- mounted, shall not be directed toward any residential district.
(c) Nonresidential zoning districts. Lighting and fixtures shall be installed in such a manner that
not more than 5.0 footcandle shall exist at the property line.
(d) General standards. Lighting shall comply with the standards provided below.
(1) Glare. Lighting shall not produce a glare which creates a traffic hazard.
(2) Height of fixtures. Lighting fixtures shall not exceed 25 feet in height when located in
vehicle use areas, and shall not exceed 15 feet in height when utilized in pedestrian areas.
(e) Parking areas. If an off - street parking facility contains ten or more spaces, exterior lighting,
measured at ground level in foot candles shall be provided using the following criteria:
(1) 0.6 foot candles in the general parking area;
(2) 0.6 foot candles in pedestrian areas; '
(3) 1.0 foot candles in vehicle use areas; and Why does the city engineer recommend 10-0
(4) not to exceed 10.0 foot candles. foot candles?
(f) Lighting of buildings. Lighting of buildings shall
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conform to the requirements provided below.
(1) Permitted lighting. Exterior lighting may be used to illuminate a building and its grounds
for safety purposes, but also in a manner that is aesthetic and compatible with the overall
surroundings.
(2) Lighting as advertising. Lighting shall not to be used as a form of advertising or in a
manner that draws considerably more attention to the building, grounds, or uses associated
with such building at night than in the day.
(3) Compatibility. Lighting shall be installed in a manner that is compatible with the
neighborhood and adjacent development.
(4) Integration with form. Lighting following the form of the building or part of the building
will not be allowed if, in the opinion of the city council, the overall effect will be garish or
detrimental to the surrounding environment.
(5) Fixtures. Al fixtures used in exterior lighting are to be selected for functional and
aesthetic value.
(6) Exterior lighting. Exterior lighting, with the exception of security lighting, shall be
installed to be a minimum of 20 feet and a maximum of 25 feet in height.
(g) Plans required. Plans for illumination of buildings, use areas such as canopies, parking areas,
pedestrian areas, and similar uses shall be provided at the time a building permit is submitted or as
otherwise required by section _. Illumination plans shall comply with the standards listed below.
(1) Design. Plans shall be prepared and sealed by an engineer registered in the State of
Florida.
(2) Plans. Lighting plan or plans, including photometric plans, including the following
information:
a. overall site plan;
b. vehicular and pedestrian access anc circulation;
C. location of parking stalls;
d. adjacent property lines, including existing uses, and future land use map and zoning
district designations;
e. plan view of all fixtures, including pole and wall mounted;
E height of all fixtures;
g. photometric data and statistical analysis, including foot candle values, the maximum
to minimum uniformity ration, the average initial or average maintained foot
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candles, the minimum foot candles, the maximum foot candles, points of calculation
for foot candles, and similar information required by the city engineer; and
h. light fixture data, including height, manufacturer, wattage, lighting type, etc.
Sec. 96. Lot Area.
(a) Lot size and occupancy. A lot shall not be reduced in size such that compliance lot width, size
of yards, lot area per dwelling, or any other property development requirement is not maintained.
This section shall not apply when a portion of a lot is acquired for a public purpose.
(b) Nonconforming lots. On the effective date of this chapter, if a lot located in any zoning district
does not conform to the property development regulations, including lot size and lot width, and
such lot:
(1) was lawfully existing and of record; and
(2) is held under separate and different ownership from any lot immediately adjoining and
having continuous frontage.
then such lot may be used as the building site for any use permitted in the district, subject to the
district regulations in section
Sec. 97. Height of buildings.
(a) Height. A building or structure shall not be erected, constructed, reconstructed, or altered to
exceed the height limits established in the property development regulations for the applicable
zoning district.
(b) Exceptions. The height limitations of this section shall not apply to church spires; barns, silos;
monuments; antennas; penthouses and domes not used for human occupancy; nor to chimneys,
water tanks, and necessary mechanical appurtenances usually carried above the roof level. These
features, however, shall be erected only to a height as is necessary to accomplish the purpose they
are to serve and shall not exceed 20 percent (20 %) of the ground floor area of the building.
(c) Obstructions. All obstructions as defined by the Federal Aviation Administration shall be marked
and lighted in accordance with applicable federal or state regulations.
Sec. 98. Utility easements.
(a) Easement construction. Paved driveways, fences, and patios without walls or screen
enclosure, may be constructed upon or across any public utility easement which is located within
the front, side, or rear yard of any lot.
City of Palm Beach Gardens/Land Development Regulations
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(b) Building permit. A building permit shall not be issued for structures or improvements in public
utility and drainage easements until the applicant obtains a waiver from all utilities possessing
easement rights and submits the waivers to the building department. The waiver must be a written
authorization executed by an officer of the utility company or easement owner entitled to use such
easement, and must state there are no objections to the construction of such driveway or patio
thereon. A waiver is not required for similar use of a front yard utility easement.
(c) Damages. Prior to the issuance of a building permit for any improvements, the applicant shall
acknowledge in writing that the owner shall be responsible for any damage to the utility company's
improvements.
(d) Acknowledgment. When a building permit is issued, the applicant shall execute a written
certificate of acknowledgment, in a form prescribed by the city, that improvements have been
constructed on the utility easement.
Sec. 99. Yards.
(a) Yards and other spaces. Any part of a yard, open space, or off - street parking or loading space
required for the purpose of complying with this chapter shall not be included as a part of the yard,
open space, or off - street parking or loading space required for another building or use.
(b) General regulations.
(1) Projecting architectural features. The space in any required yard or setback shall be
open and unobstructed except for the ordinary projections of window sills, belt courses,
cornices, eaves, and other architectural features. Such features shall not project more than
two feet into any required yard.
(2) Porches. Any attached porch or carport having a roof shall be considered a part of the
principal building for the determination of the size of a required yard or lot coverage.
(3) Patios. A paved patio shall not be considered in the determination of required yard size
or lot coverage, provided the patio is not roofed and is not enclosed. The patio, however,
may have an open guard railing not over three feet high and may extend to the side or rear
property line. A patio shall not encroach into the required minimum building setback.
(4) Front yard building setbacks for corner lots. Corner lots located at the
intersection of a collector or arterial street in a residential district shall have two front
building setbacks from property lines adjacent to the streets. Corner lots located at the
intersection of two local streets shall have a front building setback along the shortest
frontage of one street and a corner setback from the other street.
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(5) Yard encroachments. Every part of a required yard shall be open and unobstructed
from the ground to the sky, except as otherwise permitted in this chapter, and as provided
below.
a. Awnings, hoods, roof overhangs, canopies, or marquees may project not more
than four feet into a required yard.
b. Required off - street parking shall not be located in any required front yard in the RL-
1, RL -2, and RL -3 zoning districts, except upon an approved driveway serving a
single - family residence.
(6) Special front setback requirements. As indicated below, special front setback
requirements are established for the following roadways: PGA Boulevard, west of
Prosperity Farms Road; Alternate A- I -A (S.R. 811); Military Trail, north of PGA Boulevard;
Central Boulevard; Hood Road; and Donald Ross Road.
a. Paved areas. Structures or paved parking areas for motor vehicles, other than
for ingress and egress, shall not be installed or constructed within 55 feet of the
existing road right -of -way or future expanded right -of -way, whichever is greater.
This requirement may be varied by the city council to allow art in public places,
transit stops and pedestrian amenities such as meandering sidewalks, kiosks, or
signage within the setback.
b. Landscaping. The entire area within the required front setback shall be fully
grassed and landscaped consistent with the requirements of chapter _.
C. Nonconforming properties. Any lands affected by this section that were
improved with structures or parking prior to the effective date of these
requirements shall be deemed a valid nonconforming use. The city shall not issue
any building permits which would increase the nonconformity created by this
section.
d. Application. This section shall apply to any use permitted by the city, including
permitted and conditional uses as well as to uses permitted under a planned unit
development, a planned community development, and a mixed used
development.
(7) Street frontage. Buildings shall not be erected on a lot which does not possess at least
25 feet of street frontage on a public or private right -of -way, or other legal means of
access.
(8) Fences and walls.
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a. Residential zoning districts. Fences and walls in residentially zoned districts
may be erected or maintained to a height not exceeding six feet. Fences or walls
shall not be erected forward of the established or existing front building setback
lines.
b. Nonresidential zoning districts. Fences and walls in nonresidential residential
zoning districts may be erected or maintained to a height not exceeding eight feet.
Fences or walls shall not be erected forward of the required front setback
lines.
2. Barbed wire, not exceed three horizontal or vertical strands, may be
installed at the top of a fence in a nonresidential zoning district. The barbed
wire shall be located within the required height of the fence or wall.
3. Use of razor wire, concertina wire, or similar wire is prohibited unless
allowed by the BZA subject to the requirements of section
C. Measurement of height. The height of fences and walls, including landscape
berms and other means of increasing elevation, shall be measured from the
average elevation of the property line where the improvements are to be installed.
d. Chain link fences. Chain link fences shall be vinyl coated, utilizing black or dark
green colors, excluding single family and duplex dwelling units.
e. Variances. The BZA may grant variances to the height of fences or walls in any
residential or nonresidential zoning district. In addition to the variance criteria of
section , the BZA may consider certain other specific circumstances when
considering a variance request, including the items listed below.
1. When property abuts on a limited access highway or on a railroad right -of-
way.
2. When property abuts on any public or private road right -of -way.
3. When property abuts an area which shall be used or maintained in an
obnoxious manner.
4. When property abuts an area which is considered an eyesore or nuisance
to an abutting property owner.
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However, the BZA shall determine that the use of property shall be obnoxious or
when use of property shall constitute an eyesore or nuisance.
f. Barbed wire. The use of barbed wire is prohibited in residential zoning districts
or residential portions of a PUD or PCD. The use of barbed wire is allowed in
industrial zoning districts or industrial portions of a PUD or PCD. The use of
barbed wire in areas zoned PDA is prohibited, unless permitted agricultural use is
made of a site or sites.
(9) Corner visibility. On a corner lot, fences, walls, hedges, structures, or plantings, or
other obstructions to vision shall not be placed between the heights of 2 '/z feet and eight
feet above the crown of the road within the triangular area formed by the intersecting
street centerlines and a straight line joining the street lines at points which are 25 feet
distant from the point of the intersection.
(10) Buffer areas required where commercial or industrial use abuts residential
use.
a. Required buffers. Whenever a commercial or industrial use abuts an existing or
future residential use, as shown in the comprehensive plan of the city, the buffers
described below shall be installed.
A landscaped buffer with a minimum width of 15 feet shall be provided on
the commercial or industrial use site adjacent to the abutting residential
property line. The buffer shall create a completely opaque visual barrier
which may consist of a fence or wall with a maximum height of eight feet,
constructed of solid manmade materials and shall be located at a minimum
distance of five feet from the property line.
2. Alternatively, a berm with sufficient landscaping to create a minimum
combined height of eight feet adjacent to the abutting property line or at a
sufficient distance from the property line to allow maintenance of such
buffer.
b. Approval. The use of either a fence, wall, or berm as a visual barrier shall be
approved by the growth management director.
C. Exceptions. If the commercial or industrial property line is a part of or abuts a
public access easement or road right -of -way, a ten -foot buffer shall be required.
An eight foot fence, wall, or berm with landscaping shall not be required unless the
city council determines that such a fence or berm is necessary as a visual barrier for
the protection of the adjacent residential area.
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Sec. 100.
d. Other limitations. Buffer areas required by this section shall be in addition to
any required building setback areas and shall not be used for parking or any other
vehicular use.
Special events.
(a) Special events. The growth management director may approve a special event advertised to
both residents and non - residents. Such events may occur for one or more days, and include but
are not limited to outdoor festivals, craft shows, carnivals and similar outdoor amusements, plant
sales, parades on public rights -of -way, seasonal sales of merchandise including fireworks and
Christmas trees, concerts, and any other event open to and expected to attract both residents and
non - residents.
(b) Location. Special events may occur only on properties possessing the following nonresidential
zoning district designations: CG -1, CG -2, CR, PA M -1, M- I A, M -2, PCD, PDA, PO, and MXD.
In residential zoning districts, or residential portions of PUDs, PCDs, or MXDs, special events may
occur on public - serving properties which are the site of public or private schools, churches and
houses of worship, or public parks.
(c) Duration. A special event shall not exceed seven consecutive days. The growth management
director may authorize one administrative time extension of up to three days. Any event more
than ten days in length shall be approved by the city council.
(d) Number per year. Not more than three temporary events in any twelve month period shall be
held on the same location, unless otherwise approved by the city council following a
recommendation by the growth management director.
(e) Compliance. If a violation occurs at an event permitted by the city, the growth management
director may deny permits to the operator for similar temporary events for a period of not more
than 18 months.
(� Review. The growth management director may require review of a temporary event permit by
the development review committee, or other members of city staff.
(g) General standards. Temporary special events shall comply with the standards listed below.
(1) Access. Vehicular access from a collector or arterial roadway shall be provided. Access
from a local street is prohibited.
(2) Setbacks. The minimum setbacks indicated in Table shall apply to all parking
areas, mobile homes or similar temporary dwellings or offices, tents, mechanical devices,
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(h)
(3)
carnival rides, and animals associated with such activities:
Table
Minimum Setbacks for Temporary Events
Setback
Residential Zoning
District*
Nonresidential
Zoning District
Front
25 feet
25 feet
Side
50 feet
25 feet
Side Comer
35 feet
20 feet
Rear
200 feet
25 feet
Note.
*Setback to measured from activity or activities to nearest residential property line if event
located within a residential zoning district.
Traffic control. Use of city police or acceptable alternative to direct and control traffic
may be required.
(4) Sanitation. Plans for sanitation including temporary bathroom facilities, inspection of food
facilities, drainage, and garbage and litter control, shall be approved by the growth
management director.
Application requirements. The information listed below may be required by the growth
management director as part of a request for approval of a temporary event.
(1) Authority. Evidence the property owner authorizes the use of the site for a special
event.
(2) Site plan. A general site plan for the event, including property boundaries, road access,
location of tents or other structures, location of rides, location of parking, location of
temporary dwellings or offices, and proposed setbacks of activities, tents, booths, etc, from
adjacent properties.
(3) Statement of use. A general statement of use, including but not limited to sponsor,
planned activities, duration of event, hours of operation, anticipated attendance, temporary
lighting to be provided onske, security, utilities, and use of generators.
(4) Signs. A general sign plan, including proposed number, size, location, and dates of
installation and removal of all signs associated with the event.
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(5) Other materials. Other materials and documentation as may be required by the growth
management director.
(i) Surety. The growth management director may require the operator of an event to post a cash
surety, or other form of security, to provide funds to cleanup or otherwise mitigate a site following
a temporary event.
(j) Insurance. The operator of an event shall provide evidence of a general liability policy in an
amount of at least $1,000,000, with the city named as an additional insured. Proof of additional
insurance may be required by the city.
(k) Authorization. The growth management director shall issue written approval for a temporary
special event, including any conditions or restrictions placed on the proposed activities.
Sec. 101. Garage, yard, and rummage sales.
(a) Purpose. Garage, yard, and rummage sales are intended, as provided herein, to be infrequent
events that do not detract from the residential character or other predominate characteristics of the
area in which the events are held. The purpose of such events is to allow for the sale of used
goods by families and organizations which normally do not sell such goods on a regular basis or as a
business.
(b) Permitted locations. Garage, yard, or rummage sales may be located within any of the
following locations; any residential zoning district, any residential development, any public or private
school, or any place of worship.
(c) Approval and fees.
(1) Special event approval. An owner, tenant, operator, or authorized agent of a
residential dwelling, school, or place of worship must obtain special event approval from
the growth management department prior to conducting a garage, yard, or rummage sale.
If a permit for such event is not obtained, the city may require the event to be closed or
may institute code enforcement action pursuant to section
(2) Fees. The city shall not charge a special event fee for a garage, yard, or rummage sale.
(d) Limitations.
(1) Consecutive days. A garage, yard, or rummage sale shall not be permitted for more
than three consecutive calendar days.
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(2) Number. A garage, yard, or rummage sale shall not be conducted more than three times
during any calendar year at the same address or general location. At least 120 calendar
days must elapse between each garage, yard, or rummage sale conducted at the same
location.
(e) Signs. Signs for an event of this nature shall be limited as provided below.
(1) Location. One sign may be located along the street frontage of the address or location
where the event is held. One sign may be located at the intersection closest to the
location of the event.
(2) Size. Signs shall not exceed four square feet in size.
(3) Installation. Signs may be installed one day prior to the event. Al signs must be
removed on the last day of the event.
(>f) Parking and vehicular circulation. Tables and display areas for garage, yard, or rummage
sales shall not block access to parking spaces or vehicle circulation aisles for any multifamily
residential development, school, or place of worship. This requirement may be waived by the
growth management department.
Sec. 102. Fill material.
Fill material utilized on a building site, lot, or parcel shall be clean material, approved by the city engineer.
Use of construction debris as fill material is prohibited.
Sec. 103. Brick pavers.
Brick pavers may be use for sidewalks, open spaces, and vehicle use areas, subject to approval by the city
engineer.
Division 11.
PGA Boulevard Overlay Corridor
Sec. 104. PGA Boulevard corridor overlay.
(a) Scope. The planning and design regulations established in this section shall apply to all lands within
the PGA Boulevard corridor overlay.
(b) Purpose and intent. The purpose and intent of this section is provided below.
(1) Main Street character. The character, magnitude, aesthetics, and uses to be
developed or redeveloped on PGA Boulevard are of special interest to the city because it is
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the city's "Main Street." Accordingly, the purpose and intent of this section is to implement
policies regarding the PGA Boulevard as recognized by the city's comprehensive plan.
Policy 1.1.6.5 of the city's comprehensive plan states that PGA Boulevard shall be
developed using the techniques indicated below.
a. Following completion of the PGA Boulevard /Alternate A I A urban interchange, a
new CRALLS (Constrained Road way at a Lower Level of Service) level of service
standard for PGA Boulevard shall be determined in coordination with the county,
the regional planning council and the state department of transportation with the
maximum number of lanes being six.
b. The city shall maintain the PGA design guidelines as regulations which require
utilization of landscaping, boulevard strips, pedestrian walkways, bikeways, buffers,
and setbacks to emphasize the various functions of PGA Boulevard as a divider of
different land uses and as a center of the city.
(2) Planning and design guidelines. The city seeks to encourage the development of
specific commercial retail and office uses along PGA Boulevard because it is the city's "Main
Street." Because the PGA Boulevard corridor acts as a divider between land uses, it is
necessary that the city ensure that adequate buffering is provided along this corridor in a
consistent manner. In recognition of the city's desire to create special character and
aesthetics for this corridor, planning and design guidelines and particular uses are
established for the PGA Boulevard corridor. The planning and design guidelines are
intended to achieve the objectives listed below.
a. Create a special identity for PGA Boulevard through the use of planning and design
standards.
b. Ensure high quality, architecturally compatible, consistently landscaped
development along the corridor
C. Regulate uses within the corridor which will create a specific character and aesthetic
quality for the corridor.
d. Ensure that new development or redevelopment projects preserve and enhance
the existing visual character of the corridor.
e. Promote and protect the health, safety and general welfare of the city.
(3) Use regulations. The use regulations in this section are intended to create an urban
environment that displays the highest quality private- and public - sector development.
Further, innovative and alternative provisions which lend a sense of integration and
City of Palm Beach Gardens/Land Development Regulations
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connection to the properties along the corridor shall be encouraged.
(4) Waivers. The city shall not grant any waiver which permits the establishment of a use not
authorized by this section.
(c) Applicability and effects.
(1) Applicability.
a. Standards. The standards contained in this section shall apply to all property
which fronts upon or is considered by the city to be functionally oriented to PGA
Boulevard. These standards may apply regardless of whether or not a property is
primarily accessed via PGA Boulevard or where property may not be accessible via
PGA Boulevard.
b. Existing approvals. While existing development and approvals granted prior to
August 18, 1994, are not required to comply with the standards, any amendments
to previous approvals, redevelopment, or development approvals which have been
granted time extensions for a previously- approved development plan or the
continuation of a partially- developed development plan shall conform with these
regulations.
C. Effect on nonconformities. Nonconforming buildings, lots, or uses shall be
subject to the provisions of the overlay should they seek any expansion or
modification, or should they suffer damage in excess of 50 percent of their
appraised value.
(2) Boundaries. The PGA Boulevard corridor overlay consists of those lands fronting or
abutting PGA Boulevard, including access drives, for a depth of 1,000 feet from the edge of
right -of -way, within the city limits.
(3) Conflicts. To the extent that any conflicts occur between the standards of the overlay and
this chapter or other regulations, the provisions of the overlay shall prevail. Additionally,
where provisions of this overlay are not in conflict with other regulations, that which is
more strict shall prevail.
(d) Site development guidelines.
(1) District uses.
a. Application. The city wishes to continue to preserve and promote the unique
character of the PGA Boulevard corridor, and to this end some uses shall be
City of Palm Beach Gardens/Land Development Regulations
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prohibited within the overlay which might be permitted in other zoning districts
which are not subject to the overlay.
b. Permitted and prohibited uses. Those uses permitted and prohibited within
the PGA Boulevard corridor overlay are listed below.
Permitted uses shall consist of specialty retail, corporate office complexes,
campus industrial parks, community- serving public facilities, and residential
uses. In addition, automobiles may be stored as an accessory use to
approved hotels and boats may be stored as an accessory use to approved
marinas.
2. Prohibited uses shall consist of auto, recreational vehicle, truck, and similar
vehicle sales, storage, and repair; wholesale, discount, self- storage and
outlet centers; discount department stores in excess of 50,000 square feet;
single - entity retail establishments, unless otherwise provided in this section;
intense commercial and industrial activities characteristic of the CG -2 and
M -2 districts; and drive -in facilities unless as an accessory use to a bank.
3. The purpose and Steve: per discussions.
intent of this
subsection is to allow
a single - entity retail activity located within freestanding commercial structure
which is integrated into an overall PUD or PCD master plan or site plan. In
addition, the purpose and intent to continue the existing prohibition against
a single - entity retail activity which consists of a single structure created on a
separate parcel and operating as a stand alone activity, containing all
required parking, landscaping, vehicular access, building setbacks, and
related required elements on an individual site. Single- entity retail users
may be permitted in the PGA Boulevard overlay corridor, subject to the
requirements listed below.
(i) The building within which the single - entity retail use is proposed to
be located, and the exact nature of the use, shall be approved by
the city council.
(ii) The building within which the single - entity retail use is located shall
be designed and constructed in a manner that reflects the same
architectural style, color, materials, and treatments of the other
buildings located within the development pod.
(iii) The building within which the single - entity retail use is located is
part of an overall pattern of development containing a variety of
commercial, retail, and office uses.
-' City of Palm Beach Gardens/Land Development Regulations
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(m) The building within which the single - entity retail use is located shall
not exceed 20,000 gross square feet.
(v) The building within which the single - entity retail use is located shall
be part of an overall master plan or site plan approved by the city.
(vi) The building within which the single - entity use is located shall, at a
minimum, share the following elements with all other buildings
located within the same development: common adherence to all
conditions of development approval adopted by the city, common
areas, pedestrian and vehicular circulation, shared use of all parking
facilities, cross access with all vehicular use areas, and maintenance
responsibilities for all common areas.
C. Site development. Site development regulations shall incorporate design criteria
required by section to enhance and protect the health, safety and general
welfare of the city.
d. Nonresidential development. Nonresidential development shall blend into
the landscape, deferring to open spaces, existing natural features and vegetation.
e. Commercial strip development discouraged. Minimum lot sizes and limited
access drives shall be used to reduce the potential for commercial strip
development. Neighboring properties are encouraged to link their parking lots
together and to share common driveways.
f. Pedestrian amenities. Uses shall contribute to pedestrian- friendly focal spaces
through the provision of well- designed walking paths, pedestrian spaces with
furnishings, public art, generous plantings, marked crosswalks, and vehicular parking
and circulation areas clearly separated from such pedestrian amenities.
(2) Special regulations. The city
comprehensive plan, including Check policy numbers.
policies 1.1.5.1-- 1.1.5A, establish
special regulations to guide the
growth, development and redevelopment of the city. These regulations, pertaining to
minimum size, gross density, and rezoning requirements, apply to properties within the
PGA Boulevard corridor overlay. Development shall only be permitted and proceed within
the overlay consistent with the objectives and policies of the comprehensive plan.
(3) Parkway. The portion of PGA Boulevard located between Central Boulevard and the
Beeline Highway has been designated a parkway in the comprehensive plan and on the
future land use map. The PGA Boulevard parkway shall have a minimum right -of-
way /easement requirement of 400 feet. This right -of- way /easement shall be reserved by
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Draft — 3/5/00
the abutting landowner or dedicated to the city within the overlay district. Within this right -
of -way /easement sidewalks and pathways shall be provided. These pedestrian and bike
facilities shall be provided as components of the cites linkage plan, as described in section
118-
(4) Special front setback requirements.
a. Consistent with subsection 1 18 -_, all lands west of Prosperity Farms Road having
frontage on PGA Boulevard shall be subject to the special front setback
requirements listed below.
Structures or paved areas for motor vehicles, other than for ingress and
egress, shall not be installed or constructed within 55 feet of the road right -
of -way or future expanded right -of -way, whichever is greater. This
requirement may be varied by the city council to allow art in public places,
transit stops and pedestrian amenities such as meandering sidewalks, kiosks,
or signage within the setback.
2. The entire area within the required front setback shall be fully grassed and
landscaped consistent with the requirements of chapter
3. Within the 400 -foot parkway portion of the corridor, if a greenbelt area at
t least 55 feet in width is provided, the 55 -foot special setback shall not
apply.
(e) Rezonings. Every property owner seeking a development order within the PGA Boulevard
corridor overlay shall rezone the property to a PUD or PCD overlay zoning district. Property
owners of existing developments shall undertake this rezoning at the time a modification of existing
approval, time extension, site plan amendment, or development order change is initiated or after
suffering damage in excess of 50 percent of the appraised value. Uses permitted within the PUD
or PCD shall conform with the comprehensive plan land use category, the underlying zoning
district, and any development order approved by the city council where not in conflict with the
provisions of this overlay.
(f) Boulevard landscape theme and parkway guidelines.
(1) Tree preservation.
a. Vegetation preservation. In an effort to preserve expansive open spaces and
native vegetative communities, development shall be clustered to reserve large
areas of open space and the existing natural vegetation shall be preserved
whenever possible, except invasive exotic plant species.
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b. Infrastructure design. Infrastructure design shall integrate existing trees,
understory vegetation, and the natural character of the land. During construction,
existing natural vegetation shall be protected by the developer's implementation of
best management practices consistent with chapters_ and _. Drainage or
elevation changes occurring during infrastructure installation shall not adversely
impact tree preservation. The greenbelt of the PGA Boulevard corridor can be
relocation sites for trees and other plants being moved from adjacent development.
After construction, emphasis shall be placed on the replacement of dead and
unhealthy trees and plants to ensure in perpetuity that a substantial tree canopy
remains.
C. Tree credits. Trees which have been preserved within the PGA Boulevard
corridor shall not be credited toward meeting the city's environmental preservation
requirements unless approved for credit by the growth management director,
consistent with the standards of section . Retention and detention drainage
and stormwater control facilities shall not be located within the landscape/buffer
areas of the PGA Boulevard corridor. Existing natural vegetation shall be
maintained or managed with the same standards set for new landscaping. The
requirement of 100- percent irrigation may be waived by the city council within
large clusters or stands of natural vegetation where it can be demonstrated that
such coverage is not necessary. There shall be no construction within native
vegetation areas without the city's express approval.
(g) Landscaping theme.
(1) Installation and maintenance. Landscaping shall be installed and maintained consistent
with chapter and the general guidelines in the city's
(2) Materials. Landscaping within the greenbelt shall be free form design using the following
plant list: live oak, slash pine, saw palmetto, wax myrtle, cabal palm, common grasses, and
other materials approved by the department.
(3) Design. Free form design means new trees and shrubs should duplicate natural patterns
with multiple plant sizes, spacing, plant clusters, and single plantings. Grass shall be planted
in all open areas. Mulch shall be used around all trees and plants. The greenbelt shall have
undulating berms, located generally along rights -of -way. Windows or voids in the
landscaping, if not in excess of 60 feet, are acceptable for scenic views of lakes, art in public
places, or signage. Nonmountable curbs shall be used to ensure the installation and
preservation of landscape materials by separating landscape materials from roads or
vehicular circulation areas.
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193
(4) Materials and installation. All trees, plants and any other associated landscape or
outdoor material shall be of Florida No. 1, or better, as classified by the Florida
Department of Agriculture and Consumer Services. All new landscaping shall be 100 -
percent irrigated. The water source for irrigation shall be approved by the city prior to
installation. All backflow preventers, electrical boxes, lift stations and any other utility
structure shall be screened with landscaping. Intersections, entrances, and building frontage
can be enhanced with additional landscaping not listed in this subsection with site plan
approval.
(5) Pathways and sidewalks. Multiuse pathways and sidewalks shall meander around
vegetation and berms throughout the greenbelt. Nature trails may connect to the
sidewalks. Pathways shall be illuminated pursuant to specifications approved during site plan
approval. All landscaping, irrigation, berms, sidewalks, and lighting within road rights -of -way
shall be approved by the appropriate jurisdiction.
(6) Maintenance. The responsibility for and cost of maintenance of the greenbelt, including
right -of -way and medians, and buffer areas, shall be the responsibility of the fronting
property owner unless otherwise determined prior to site plan approval.
(7) Corridor landscaping theme.
The conceptual landscaping theme is Where is this figure?
illustrated in Figure
Additional intersection /entrance
landscaping which is also required consistent with chapter_ shall also be installed.
(8) Berms. Berming and mounding of the site shall use long and gentle slopes. As a rule, the
higher the berm, the gentler the slope shall be. Berms five feet or less in height shall have a
maximum slope of 2:1. Berms greater that five feet in height shall not exceed 3:1 in slope.
(9) Fences and walls. Fences and walls shall not be visible from any public rights -of -way. All
fences and walls shall be screened with vegetation from public view.
(10) Buffer areas between uses. Buffers shall be provided between uses consistent with
requirements of this chapter. Natural vegetation and environmentally sensitive preserve
areas, where appropriate, are encouraged to be utilized as buffers between uses.
(1 1) Parkway and boulevard greenbelt.
a. Vegetation protection. Within parkway rights -of -way or easements,
preservation of all significant vegetation, wetlands, and wildlife habitat shall be
encouraged. The parkway rights -of -way or easements shall serve the functions
noted below.
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. Preservation of significant native ecological communities.
2. Location of bicycle and pedestrian circulation paths.
3. Mitigation areas for natural areas disturbed elsewhere.
4. Buffering of adjacent land uses and developments.
b. Design concepts. Consistent with comprehensive plan policy 1.1.6.5 and the
corridor concept, a boulevard greenbelt including median landscaping shall be
provided to produce the feeling of masses of trees forming green arbors
interrupted by occasional views to open spaces and environmentally sensitive lands.
As a general design principle, the density of vegetation should increase with the
density of development. Priority should be given to retaining existing natural
resources and mature trees.
C. Perimeter landscaping. Landscaping along the parcel perimeter and major
road edge shall be installed consistent with the provisions of section and with
the requirements of chapter _. Interruptions in perimeter landscaping shall be
permitted only by access driveways and pathways. No structures or parking are to
be located in this landscape area.
d. Pedestrian and bicycle facilities. Pedestrian and bicycle facilities shall be
located throughout the corridor and wherever possible shall be located within the
boulevard greenbelt.
e. Median landscaping. Median landscaping shall be provided to continue and
enhance the aesthetics and character of the corridor. Median landscaping shall
meet the requirements listed below.
Landscape design, materials and plants shall meet the specifications of
chapter and approval of the department.
2. Landscaped areas shall be regularly maintained in a neat, orderly and
healthy appearance consistent with chapter _.
f. Prohibited elements. The following elements are prohibited within the
boulevard greenbelt: chain -link fences in public view, unfinished concrete or
concrete masonry walls excluding architectural concrete, dumpsters, trash
receptacles excluding city - approved street furniture, artificial plants or turf,
decorative or commercial display objects, visible neon, elements with highly
reflective or bright colored surfaces and other objects which are frivolous,
distracting or not in harmony with the overlay landscape and design goals.
g. Transit stops. Transit stops, where applicable, shall be provided by the property
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owner within the boulevard greenbelt. These transit stops shall provide a 144 -foot
taper in and out of the travel lane, on either side of a 12 -foot by 50 -foot transit
vehicle stall. Transit stops shall include accessory structures such as kiosks, sheltered
benches or other features.
(12) Pedestrian and bicycle facilities.
a. Facilities. Facilities for bicycles and pedestrians shall be provided along and within
the corridor. These facilities shall be designed consistent with the standards
adopted by the American Association of State Highway and Transportation Officials
or other applicable agency.
b. Parkway pathway. Within the parkway, a continuous, interconnected pathway
at least 12 feet wide subject to the following:
. the overall intent to maintain existing native vegetation
2. the overall intent to re- establish native vegetation;
3. to allow pathways to meander within the required 55 feet corridor area;
4. to generally maintain a pathway located as far as possible from vehicular
traffic; and
S. to allow installation of amenities such as benches, fountains, and arbors
which enhance the pathway.
This requirement shall be applied to adjacent properties not located with the
parkway, as permitted by right -of -way and easement widths, to allow extension of
the pathways.
C. Shade trees. The pathway shall be landscaped with shade trees to provide a
continuous canopy. These shade trees shall be supplemented with ground cover to
provide visual and physical buffers between traffic and pedestrians.
d. Street furniture. A bench or resting place shall be provided every 800 feet
along the pathway. Every mile, further amenities such as drinking fountains,
benches and shelters or kiosks shall be provided and are encouraged to be
supplemented with small open spaces.
(h) Building design guidelines.
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(1) General design.
a. General design. Buildings shall be designed to be compatible with the
surrounding environment, both manmade and natural. A building shall provide a
positive impact on the surrounding environment.
b. Visible facades. Al building facades visible from public rights -of -way and adjacent
properties shall be designed to create a harmonious effect with its surroundings.
This should not be construed as creating look -alike buildings. Harmony shall be
achieved through the proper use of scale, proportions, form, materials, texture,
and color.
C. Unity of character and design. Buildings or structures which are part of an
existing or future complex shall have a unity of character and design.
d. Design character. The design character of buildings shall be such that it is
aesthetically pleasing and without cluttered forms having no apparent system of
organization.
e. Building materials and color. Building materials and color selection shall
achieve visual order through the consistent use of compatible color palettes.
f. Building elevations. Al building elevations shall be treated equally as if all sides
were the front of the building. This requirement includes but is not limited to
architectural elements, facade treatment, and landscaping.
(2) Identical buildings. Buildings and structures which, in the opinion of the city council, are
identical or similar in design shall not be permitted. This does not prohibit the duplication
of floor plans and exterior treatments in a planned unit or planned community
development where identical buildings can be used to create an aesthetically pleasing
environment. The intent is to prevent the same building form and elevation repeated from
one development to another and to encourage diverse architectural expressions along the
PGA Boulevard corridor.
(3) Trademark forms and colors. Buildings and structures which use trademark or
symbolic forms and colors and which have a negative impact on the visual environment of
the area, as determined by the city council, shall not be permitted.
(4) Architectural detail. Architectural design shall prohibit large expanses of blank walls
with limited or no windows or architectural embellishments.
(5) Roof overhangs. Unless specifically designed otherwise, roof overhangs including
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mansard roof overhangs shall wrap around the building so that there is visual continuity
around the entire building.
(6) Mechanical equipment screening. The highest portion of mechanical equipment,
such as backflow preventers, meters and valves for public utilities operations, satellite
antennas, heating and ventilating, air - conditioning, or other utility hardware on roofs,
ground, or buildings shall be installed at or below the lowest elevation or level of screening
materials. Materials used for screening purposes shall be compatible with the architectural
style, color, and materials of the principal building. This equipment shall be located so as
not to be visible from any street or adjoining property. Landscape screening must include
a dense planting or earth berming or both, as established in chapter _.
(7) Gutters and down spouts. Gutters and down spouts shall be painted to match the
surface to which they are attached. Gutters and down spouts may, however, be painted in
such a way so as to become a design element if the color is consistent with the color
scheme of the building.
(8) Service and storage yards, loading docks. Al refuse and waste containers, recycling
or compacting containers, dumpsters, oil tanks, bottled gas tanks, service yards, storage
yards, and loading docks shall be located in the rear or side yard. Al such service
equipment and service areas shall be screened from view from any street or adjoining
property by means of a wall, landscaping, or other methods approved by the city council.
(9) Shopping carts. If shopping carts are permitted, shopping cart corrals shall be required,
subject to the standards listed below.
a. Screening. Outdoor cart storage areas shall be screened from view by means of
a wall, substantial landscaping or other methods approved by the city council.
b. Materials. The corrals shall be constructed of a solid walls, and constructed of
materials compatible with the primary structure.
C. Landscaping. Shopping cart corrals shall be landscaped in a manner compatible
with the overall landscape theme.
d. Operations. Shopping carts shall not be allowed to accumulate in any outside
area, including parking lots and loading areas, and shall be removed from cart
corrals in a timely manner and relocated to storage areas.
(10) Mailboxes. Mailboxes, including special drop boxes, may be clustered within buildings,
grouped under a kiosk, or individually freestanding. In all cases the design and installation
of mailboxes shall comply with the standards listed below.
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a. Approval. Mail boxes shall be approved by the city council and the U.S. Postal
Service as to size, type, and location.
b. Design and landscaping. Mail boxes shall be landscaped consistent with and
architecturally compatible to the development.
(1 1) Satellite dishes. Satellite dishes may be installed in any zoning district, provided the
dishes are not visible from any street, and the color is compatible with the surrounding
environment. Communication equipment such as dishes and antennas are encouraged to
be accommodated during the planning phase of a project.
(12) Telephones, vending machines, newspaper racks, etc. All public telephones,
vending machines, newspaper racks, and facilities dispensing merchandise or services on
private property shall be enclosed within a building, enclosed within a structure, attached to
a building, or enclosed in a separate area. Attached and freestanding buildings shall be
landscaped consistent with and architecturally compatible to the principal structure.
(i) Underground utilities. All new, reconstructed, or relocated utilities within the PGA Boulevard
corridor occurring as a result of development, including but not limited to electric, telephone and
television cable utilities shall be placed underground. Costs for underground installation shall be
borne by the developer.
0) Signage and lighting standards.
(1) Signage. All signage proposed shall meet the requirements of chapter _, unless
restricted further herein.
(2) Building lighting. Building lighting shall be installed consistent with the standards listed in
section
(k) Access /entry drives.
(1) Limited access. Access, including curb cuts, median openings, signalization, or entry
drives shall, at a minimum, be limited to state department of transportation or Palm Beach
County controlled access criteria. The city engineer may provide additional standards or
criteria to limit access within the corridor.
(2) Shared access. Parcels and adjacent developments shall be encouraged to share access.
This shall be accomplished through shared access agreements, service roads, or other
means approved by the city engineer.
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Division 111.
Parkway Overlay District
Sec. 105. Parkway overlay district.
(a) Scope. The parkway system requirements in this section shall apply to all roadways designated as
parkways within the comprehensive plan or by the City of Palm Beach Gardens Official Zoning
Map.
(b) Purpose and intent.
(1) Parkway system. Objective 2.1.7, and policies 2.1.7.1, 2.1.7.2, and 2.1.7.3 of the city's
comprehensive plan require the development of a parkway system to provide city residents
with an alternative mode of transportation which is safe and aesthetic, as well as to beautify
the city's arteries and protect residential areas from the impacts of highly - traveled arteries.
(2) Parkway objectives. The objectives of the parkway overlay are established to
accomplish the following:
a. preserve urban beauty through right -of -way landscaping requirements;
b. provide residents with a safe and aesthetic multiuse pathway system;
C. provide a buffer between designated roadways and the adjacent development;
d. eliminate a perceived need of using strip commercial as a buffer between arterials
and residential areas; and
e. promote and protect the peace, health, safety and general welfare of the city.
(c) Standards and waivers. Specific standards have been created for the parkway overlay which
are intended to provide a buffered multiuse pathway and landscaped roadway system. Although
these standards are intended as a benchmark for development and shall be applied to the fullest
extent possible, it is recognized that in some situations it will not be possible to comply with all of
the standards. Therefore, the physical constraints of a particular site will be considered in
determining which standards are applicable and the extent of compliance with the specific standards
for each particular project. The standards may be waived only with the approval of the city council,
subject to section
(d) Applicability and effects.
(1) Applicability. The standards contained in this section shall apply to all roadways
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designated as a parkway by the city council, including all of the following:
a. PGA Boulevard west of Central Boulevard;
b. Central Boulevard;
C. Donald Ross Road;
d. Beeline Highway north of PGA Boulevard;
e. Hood Road west of Central Boulevard;
f. a future (yet unnamed) north -south artery between PGA Boulevard and Hood
Road; and
g. a future (yet unnamed) east -west artery between Central Boulevard and the future
north -south artery.
(2) Prior approvals. While existing development and approvals granted prior to August 18,
1994, are not affected, major amendments to prior approvals, redevelopment, and new
development shall conform with the provisions of this overlay.
(3) Conflicts. Where conflicts occur between the standards and requirements of the overlay,
this chapter, or other regulations, the provisions of the overlay shall prevail. Additionally,
where provisions of this overlay are not in conflict with other regulations, that which is
more strict shall prevail.
(e) Location. The parkway overlay shall consist of the road segments and dimensions as provided in
Table
Table
Parkway Overlay District
Roadway Segment
Width of Overlay*
PGA Boulevard: West of Central Boulevard to City Limits
400 Feet
Central Boulevard
Donald Ross Road (All)
300 Feet
Beeline Highway north of PGA Boulevard to City Limits
300 Feet
Hood Road west of Central Boulevard to City Limits
200 Feet
Future (unnamed) north -south arterial or collector between PGA
Boulevard and Hood Road
300 Feet
Future (unnamed) east -west arterial or collector between Central
Boulevard and the future north -south collector identified above
300 Feet
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Note.
*Width of overlay measured from centerline of roadway.
(f) Parkway development guidelines.
(1) Parkway concept.
a. Right -of -way and
easements. Each parkway ' Need figures. '
shall include a parkway right -
of -way and easement as
described below in conceptual cross sections. Installed within the parkway and
easement shall be a multiuse pathway, pedestrian path, landscaped medians, linear
parks, greenbelts and landscaping buffers. Conceptual cross sections of parkways
are illustrated in Figures _through _. The city council shall approve the
ultimate cross section of each parkway link.
b. Implementation. Implementation of the parkway concept shall require
installation of the improvements specified below;
nonmountable curbing, acceptable to the city engineer, to allow
landscaping buffers to be installed between the roadway and the
pedestrian/bicycle pathways;
2. a meandering 12 -foot multiuse pathway;
3. a six -foot pedestrian sidewalk on the opposite side of the artery from the
pathway;
4. landscaping of medians;
5. preservation of native vegetation or installation of landscaping to buffer the
artery and pathway from adjacent development and to provide canopy for
pedestrians and bicyclists;
6. irrigation, where necessary, to ensure the viability of landscaping; and
7. dedication of a parkway easement for those areas outside of the formal
road right -of -way but within the 200- to 400 -foot parkway.
C. Views. Special views along the road and special public features such as fountains,
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art in public places, and pedestrian parks may also be provided within the parkway
with city council approval.
(2) Landscape theme. A native pine -oak vegetative community shall constitute the
landscaping theme of the parkway system. Plantings shall include but not be limited to live
oak, slash pine, saw palmetto, wax myrtle, sabal palm, as well as grass. Clusters of
vegetative communities as well as individual trees shall be provided, consistent with clear
zone and sight distance criteria, in landscape medians to buffer the pathways from the
roadway and adjacent land uses, and to provide canopy.
(3) Parkway improvements.
a. All new development fronting along a parkway shall be required to install, develop,
or otherwise provide for the implementation of the parkway system as illustrated in
the conceptual cross sections and described in this section.
b. The city shall coordinate the installation of the parkway system with the
development approval process. Proposed development fronting along a parkway
shall prepare plans for the necessary improvements and install the facilities /elements
or provide the city with the appropriate amount of funds or surety to cover the
costs of such improvements.
C. For determination as to whether improvement of the parkway shall be conducted
concurrent with development, or whether there shall be provision of funding or
surety to the city in an amount equal to 110% of the cost of the needed
improvements, the city hereby establishes a guideline threshold of one -half mile
(2,640 linear feet).
Any property possessing at least one -half mile frontage shall install the
required parkway improvements concurrently with development.
2. Any property possessing less than one -half mile frontage may be required
to install the improvements concurrently with development, or may be
allowed to furnish surety as provided herein.
3. If monies in lieu of improvement are provided, the city will install the
required improvements at a time in the future when a "link" or segment of
the parkway can be achieved or when roadway improvements or
development activities allow implementation of the parkway system.
4. The city council shall determine when parkway improvements are to be
installed.
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d. The one - half -mile threshold is a guideline and shall be used on a case -by -case basis
to ascertain whether the adjacent land uses or characteristics of the development
require or warrant installation of the necessary improvements concurrent with
development.
(4) Maintenance. Unless otherwise approved by the city council, the owner of the
property, or successor thereto, with frontage along the parkway shall be responsible for the
perpetual maintenance and irrigation of the parkway. In like manner, the owner of
property with frontage along one side of the parkway shall share the responsibility of
maintaining the that portion of the median, median landscaping, and irrigation, with the
owner or owners of property along the other side of the parkway.
(5) Other entities. If the city establishes a special district or other entity to assume
responsibility of the parkway system, the owner of property with frontage along the
parkway shall automatically become a member of the district. This requirement shall also
be made a part of any property owners' association documents for property affected by
creation of a parkway.
Sec. 106. Outdoor seating.
(a) Applicability. Outdoor seating shall be permitted as an accessory use to a restaurant, business,
or institution serving food or beverages in an enclosed area, subject to the standards listed below.
(1) Access. The outdoor seating area is adjacent to, and has direct access through a doorway
to that portion of the business or institution which is enclosed.
(2) Location. The outdoor seating is located directly adjacent to the restaurant or food
service establishment and is owned or leased for this purpose.
(3) General circulation. The outdoor seating can be accommodated without impeding the
access of the general public to one or more of the following:
a. the enclosed portion of the restaurant or food service establishment;
b. any other use located within the same building or structure; or
C. any common elements shared by the restaurant or food service establishment and
any other users of the same building or structure.
(4) Safety. Outdoor seating shall comply with all building, fire, and safety code requirements.
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(5) Parking. Parking for area utilized for outdoor seating shall be calculated and provided as
required in section . Outdoor seating shall not be established if required parking
cannot be provided onsite or if a nonconformity is created.
(6) Benches. Businesses, institutions, or uses that do not serve food or beverages, excluding
vending machines, may be approved for outdoor bench seating.
(b) Review. Outdoor seating may be included as an element of an overall application for
development order approval, or as an amendment to an existing development order. In addition
to any other requirements contained herein, each application for approval of outdoor seating shall
include the information listed below.
(1) Affected properties. A list of the names and addresses of all occupants of the building
for which the outdoor seating is proposed, and a list of each tenant and property owner
within 500 feet of the property for which the seating is proposed.
(2) Notice. An affidavit which certifies a notice was mailed to each affected property, as
defined in this section, which states an application for outdoor seating has been made to
the city. The affidavit shall be provided in a form acceptable to the city attorney.
(3) Site plan. A site plan, at a scale acceptable to the city, which indicates the following:
a. the building for which the outdoor seating is proposed;
b. the location of the restaurant or food service establishment;
C. the proposed location of the outdoor seating, including any fencing, screening or
materials to separate the seating area; and
d. the location of any sidewalks or other pedestrian walkways or passageways adjacent
to or affected by the proposed outdoor seating; and the location of all existing or
additional parking to be provided for the seating.
(4) Consent. A copy of the written consent of the individual, corporation, or other entity that
owns the property upon which the outdoor seating will be located.
(5) Indemnification. The applicant shall provide, in a form acceptable to the city attorney,
indemnification of the city for any liability for personal injury and property damage due to
the approval or existence of the outdoor seating.
(6) Renderings. Photographs, renderings, elevations, samples, and other materials as may be
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required by the city which illustrate the following: the style and color or all furnishings and
menu boards, and the color, style, and materials fencing, screening, or otherwise separating
the outdoor seating.
(c) Minimum standards. Outdoor seating shall, at a minimum, comply with the standard listed
below.
(1) Walkways. Outdoor seating shall be arranged, when in use, in a manner that provides a
pedestrian walkway of not less than six feet in width adjacent to each table.
(2) Multiple tenants. Outdoor seating located on a pedestrian walkway which provides
access to more than one occupant of a building shall provide an unobstructed passageway
of at least six feet in width. The unobstructed passageway shall be located adjacent to, but
not through, the outdoor seating area.
(3) Location. Outdoor seating shall be located only along the frontage of the affected
restaurant or food service establishment, and shall not be located in front of or adjacent to
any other user or tenant.
(4) Prohibited location. Outdoor seating shall not be located within any area designated for
parking.
(5) Fencing or screening. Unless located within an inner court, outdoor seating shall
provide fencing or screening as a means to physically and visually separate such use from
any adjacent public passageway or walkway. Fencing and screening shall be at least three
feet in height, and may include planter boxes or other dividers. Fencing and screening shall
not be provided through the use of tables, chairs, or other seating.
(6) Compatibility. Outdoor seating, including fencing and screening materials, shall be
compatible in color and style with the exterior of the building. Signs, lettering, or
advertising, excluding permitted menu board, shall not be attached to outdoor seating.
Small labels may be permanently attached to the furnishing to identify ownership for
security purposes.
(7) Storage. Outdoor seating and furnishings shall be stored in a secure manner when not in .
use.
(8) Hours of operation. Excluding outdoor seating located in inner courtyards, outdoor
seating service shall comply with the hours of operation noted below.
a. Sunday through Thursday. All sales and service of food and beverages is
prohibited between the hours of 10:30 p.m. and 7:00 a.m.
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b. Friday through Saturday. All sales and service of food and beverages is
prohibited between the hours of 11:00 p.m. and 7:00 a.m.
Division IV.
Natural Resources and Environmentally Significant Lands
Sec. 107. Purpose and Intent.
Purpose and intent. The purpose and intent of this division is to preserve and protect the ecological
values and functions of the city's natural resources and environmentally significant lands from alterations that
would result in the loss or significant degradation of these habitats, thereby increasing the amount and
quality of open space, and to ensure the protection and conservation of these natural resources and
environmentally significant lands in perpetuity. In addition, the purpose and intent of this division is to:
(1) recognize certain native Florida ecosystems within the City of Pam Beach Gardens and
Palm Beach County are unique, or of limited local occurrence, and are inadequately
protected through public ownership;
(2) recognize the city's comprehensive plan includes goals, objectives, and policies to
encourage the protection of native wetland and upland habitant, sound land planning,
orderly growth, , and concurrency in the provision of public facilities, all of which are
dependent upon a healthy tax base, a sound economy, and respect for private property
rights in the regulation of land uses and development;
(3) recognize the city's native wetlands and upland habitat contain natural resources, and
environmentally significant lands have unique ecological, scientific, educational, and aesthetic
values, the protection of which is in the best interests of the citizens of Palm Beach
Gardens;
(4) recognize the environmentally significant lands provide important habitat for a variety of
plant and wildlife species considered to be endangered, threatened, or of special concern;
and
(5) recognize the City of Palm Beach Gardens desires to protect its environmentally significant
lands from degradation and loss.
Sec. 108. Applicability.
(a) Application. Al sections of this chapter shall be effective within the incorporated area of the city
and shall set restrictions, constraints, and requirements to preserve and protect natural resources
and environmentally significant lands.
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(b) Alteration and conservation of lands. This chapter shall apply to the alteration and
conservation, as defined in this chapter, of all lands in the city.
Sec. 109. Violations, Enforcement, and Penalties.
(a) Violations and separate offenses. Any violation of this chapter shall constitute an offense
punishable as provided in this section and in section_. A continuing violation shall be a separate
violation each day the violation occurs.
(b) Replacement. If a violation of this division or order of the city council results in irreparable harm
to the environment which cannot be resolved or mitigated entirely by imposition of fines, the city
council may require the replacement of destroyed listed species. Except for trees, including palm
trees, the listed species shall be replaced on a three -to -one basis. However, any tree that is a
listed species is destroyed, replacement shall occur at a minimum of three times the caliper or
diameter at breast height (DBH) of the tree that is destroyed. If the replacement cannot be
accomplished, a cash reimbursement to the city shall be made in money equivalent to the value of
the listed species destroyed. Value shall be based on the average two estimates at wholesale
prices, provided the vendors providing the estimates shall be acceptable to the city.
(c) Destruction of protected species or lands. If destruction of the plant, wildlife or lands
protected in this chapter occurs after work has commenced on a parcel of land prior to or after a
building permit has been issued, the building official shall have the right and power to enter an
order enjoining or terminating any work or activity on site with such order remaining in effect until
removed by the city manager or by a court of competent jurisdiction. However, the building official
shall present to the city manager within ten days of date such order is entered all facts sustaining the
order with a copy thereof furnished to the offender, and the city manager shall resolve the issues
no later than 25 days from the date the original order is entered. The decision of the city manager
shall be conveyed in writing to the individual or firm charged with the destruction.
(d) City manager powers. The city shall have the power to enforce the requirements of this
division. The city manager may request other governmental agencies to intervene if a violation of
this division constitutes a violation of statutory or administrative rule or regulation adopted by
another governmental agency.
Sec. 110. Penalties.
(a) Additional penalties. In addition to section a further penalty may be imposed by a court
of competent jurisdiction for violation of this chapter as provided in section 1 -18.
(b) Implementation of enforcement. All of the enforcement procedures in section_ and
subsection_ of this section may be concurrent or in a subsequent sequence, in the discretion of
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208
the city manager.
(c) Funds from mitigation and fines. Al of the monies received by way of mitigation or fines shall
be held in a separate account and used by the city solely for the restoration of native communities
and acquisition of environmentally significant lands.
Sec. Il1. Appeals.
(a) Appeal of administrative decisions. An applicant can appeal any administrative order or
decision made by the city manager to the city council. The appeal shall be made in writing and shall
be filed with the city clerk within 15 weekdays, excluding holidays, of the date of the administrative
order or decision.
(b) Form of appeal. The appeal of an administrative order or decisions shall include the following
information:
(1) a written description of the reason for the appeal;
(2) the issues involved;
(3) a brief statement of facts as to why errors have been committed by the department;
(4) any exhibits or materials relevant to the issues forming the basis of the appeal, such as
vegetative surveys, environmental assessments, and relevant permits issued by other
governmental agencies;
(5) the name, address, and telephone number of the property owner;
(6) a legal description of the property;
(7) a boundary survey of the property, completed within twelve months of the appeal; and
such other information as may reasonably be requested by the department.
(c) City council action. The city council shall have the authority to affirm, revoke, or modify the
order entered by the growth management department. The city council shall, within 60 days of the
filing of the appeal, hold a hearing to consider the administrative order. Based upon the evidence
presented, the city council shall render a decision within 30 days after the hearing.
(d) Appeal of city council order. Any appeal of an order by the city council shall be made within
30 days from date of the such order to the circuit court of the 15th judicial circuit by writ of
certiorari.
Sec. 112. Designation of environmentally significant lands.
(a) Criteria for designation. Lands shall be designated as environmentally significant if they contain
one or more of the native habitat types listed below, as defined by the Guide to the Natural
Communities of Florida, published by the Florida Department of Environmental Protection:
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(1) coastal scrub;
(2) xeric hammock or xeric scrub;
(3) tropical hammock;
(4) low hammock, temperate hammock or mesic hammock
(S) mixed hardwood swamp or hydric hammock;
(6) pond apple slough;
(7) cypress swamp;
(8) freshwater marsh;
(9) mangrove swamp;
(10) oak forest;
(1 1) pine flatwoods, mesic and hydric;
(12) scrubby flatwoods;
(13) coastal dune and strand; and
(14) wet prairies.
(b) Additional habitats. Native habitats other than those listed in subsection (a) may also be
designated as environmentally significant if they are actively used by or likely to support or contain
U.S. - listed endangered or threatened specie, or state - listed endangered or threatened species, or
species of special concern.
Sec. 113. Exemption for vested development rights.
(a) Exemption. An exemption from this division may be granted for any project for which, as of
May 3, 1990, has been granted or has maintained a valid development order for any of the
following:
(1) a building permit;
(2) a site plan approval;
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(3) a master plan approval;
(4) a letter of sufficiency issued by the department for an application for any development
order listed in subsection (a)(1), (2), or (3) of this section; or
(5) a valid development of regional impact order.
(b) Application for exemption. Any property owner desiring to be exempt from this chapter must
submit an application for exemption to the department. The application must include g evidence
that the applicant is entitled to the exemption pursuant to subsection (a) of this section. This
application must include copies of supporting documentation evidencing the applicable approval
under subsections (a)( I) through (5) of this section. The department shall make a determination of
the applicant's eligibility for the exemption. A written decision on the request for exemption shall
be issued within 30 weekdays, excluding holidays, following receipt of the application and all
necessary information.
(c) Annexed properties. The owner of any property that has been annexed into the city and
desires an exemption from this chapter based on permits, site plans, master plans, or a DRI
previously approved by the city, county, or any other jurisdiction may submit an application as
provided in this section. Such requests will be determined by the department, as provided herein.
Appeal of such determination by the department shall be made to the city council.
(d) Other development orders. Where development orders granted by another governmental
agency do not address preservation or environmental standards, the comprehensive plan, land
development regulations, and policies of the city shall apply.
(e) Issuance of development orders. Development orders, land alteration permits, and permits
for development and redevelopment activities shall be issued only if the protection and
conservation of wildlife, marine life, and natural systems are ensured consistent with the goals,
objectives, and policies of the comprehensive plan.
Sec. 114. Review procedures for proposed land alterations.
(a) Pre - application meeting. Prior to application for development or land alteration, the applicant
shall meet with the department for the preliminary review and determination of potential
environmentally significant lands.
(b) Initial designation of environmental significance. If potential environmentally significant
lands are designated by the department, the applicant shall provide to the department an
environmental assessment (EA) as a component of the formal application, prior to the initiation of
formal review. Three complete copies of the EA shall be provided, and shall include the
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information listed below.
(1) Site map. Site location map, with the specific property clearly indicated.
(2) Aerial photograph. Aerial photograph, at a scale of one inch equals 300 feet or less,
with property boundaries and acreage clearly indicated.
(3) Vegetation map. Map and transparent overlay of existing terrestrial and aquatic
vegetation, including exotic species and native plant community types, at the same scale as
the aerial photograph. A description of each native plant community shall be included,
indicating, type, canopy, understory, and ground cover.
(4) Preservation plan. A preservation plan and transparent overlay, at the same scale as the
aerial photograph, which identifies those environmentally significant areas to be protected
and preserved as natural preserve areas and maintained to ensure no further intrusion of
exotic or nuisance plant species. The plan shall indicate those areas that may possibly
require transfer of existing density rights to more suitable areas or other lands for
development. The proposed preservation plan should indicate the location of preserve
areas, buffer areas, mitigation, and listed species location or relocation areas.
(5) Soils. Soil types and conditions.
(6) Endangered species. A complete list of endangered or threatened species, and species
of special concern known or likely to be present on the site. This list shall be accompanied
by a map which denotes the location of the species on site. The map should be at the
same scale as the vegetation map.
(7) Nesting and roosting areas. Colonial bird nesting or roosting area or areas in which
migratory species are known to concentrate.
(8) Inventory. An on -site inventory of existing vegetation and wildlife, referenced and
exhibited on a field survey.
(9) Assessment. A written assessment of the site, identifying the location of all
environmentally significant habitats or vegetation, and containing a mitigation plan to protect
the resource.
(10) Habitats. An analysis of the functional viability and quality of the various habitats on site.
(1 1) Preserve area viability. A discussion of the proposed preserve area's viability.
(12) Environmental damages. A discussion concerning whether there will be a loss of be
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any irreplaceable or irretrievable resources or irreversible environmental damage.
(13) Mitigation plan. A mitigation plan that describes actions to be taken that replace those
functions and values of the ecological community or communities lost as a result of
proposed land alteration or utilization.
(14) Existing alterations. Areas of previous alteration or degradation, including present and
past uses of site
(15) Land uses. The future land use designation, zoning designation, and existing land uses
surrounding the affected site.
(16) Other agencies. At the discretion of the department or city council due to the
environmental sensitivity of the site, appropriate written sign -offs, permits, consents, or
similar authorizations from the other agencies that follow as to whether such agency is
exempt or has jurisdiction thereof over wetland or environmentally significant areas may be
required. The applicant shall be responsible for obtaining this information and submitting
written verification to the city. Such agencies include but are not limited to the following:
a. Army Corps of Engineers (ACOE);
b. United States Department of the Interior, Fish and Wildlife Service (USFWS);
C. Florida Department of Environmental Protection (DEP);
d. Florida Fish and Wildlife Conservation Commission (FFWCC);
e. Florida Department of Community Affairs (DCA);
f. Florida Department of Agriculture and Consumer Affairs (DACS);
g. Florida Committee on Rare and Endangered Plants and Animals (FCREPA), or
successor body;
h. South Florida Water Management District (SFWMD);
i. Treasure Coast Regional Planning Council (TCRPC);
j. Palm Beach County Department of Environmental Resources Management (ERM);
and
k. Any other governmental agencies possessing jurisdictional controls over the site.
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(c) Submission of management plan. The management plan required by section shall be
submitted as an addendum to the environmental assessment, prior to approval of construction
drawings or commencement of land alteration, whichever occurs first.
(d) Completion of environmental assessment. It is recommended that the environmental
assessment be conducted prior to preparation of the site development plan.
(e) Assessment of mitigation plans. Upon receipt and review of the environmental assessment,
the department shall assess mitigation plans in detail as such considerations relate to possible loss of
habitat or impact on endangered or threatened species or species of special concern.
(f) Expert assistance. In order to resolve any issues regarding this section, the city shall have the
right to hire or retain an agency or person at the applicant's expense to verify or resolve any
pending issues. Payment to such agency or expert shall comply with the requirements of this
chapter.
(g) Certification of application materials. All drawings, illustrations, maps, surveys, and similar
documents associated with the application requirements of this section, other than work on a
private single- family residential lot, shall be sealed or certified by the following:
(1) a state- registered professional engineer;
(2) a state- registered professional surveyor;
(3) a state- registered professional landscape architect; or
(4) an environmental professional certified by the National Association of Environmental
Professionals.
(h) A discussion of each criterion of section of this division ask may relate to the preservation plan.
Sec. I IS. Approval criteria for proposed land alteration.
Approval of land alteration requests. The growth management department may approve requests
for land alteration consistent with the approved development order. The decision regarding such lands
shall based upon application of the criteria listed below.
(a) Value. The project design provides for the protection and preservation of the most valuable or
unique existing natural resources, listed species and environmentally significant lands on site.
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(b) Preservation areas. Mitigation. If listed species do not exist on the site or on -site
preservation would yield a preserve area that is less than the preferred minimum of ten acres or
unavoidable impacts to wetlands occur, an alternative form of mitigation acceptable to the city
council is implemented consistent with section
(1) Minimum preservation area. A minimum of 25 percent of environmentally significant
lands, intact with canopy, understory and ground cover, such as sand pine scrub, xeric oak
forest, hardwood hammock, and pine flatwoods, shall be set aside as a preserve.
(2) Preservation area alternatives. The city council may consider alternatives to on -site
preservation in the following circumstances:
a. the quality of habitat on any size parcel does not warrant preservation of
environmentally sensitive land by reason of invasion of non - native or exotic species,
prior alteration or disturbance of vegetation, alterations to land which have changed
the hydroperiod, alterations to land which have changed drainage patterns, or
similar circumstances;
b. preservation of such habitat is not otherwise required by city policy or other
applicable codes; and
C. environmentally sensitive land or upland habitat of equivalent type and area is
available for preservation elsewhere in the city.
Based upon one or more of the circumstances listed above, the environmental
assessment, and related information, the city council may authorize off -site
preservation or mitigation of similar environmental communities. Funds for
acquisition, mitigation, and maintenance shall be provided by the applicant. Funds
shall be paid prior to issuance of a land alteration permit, unless otherwise provided
by the city council. Off-site preservation and mitigation may be required at a rate
that exceeds the normal 25% preservation requirement in order to compensate
for loss of environmentally sensitive lands or upland habitat.
(3) Wetlands.
a. Preservation. Wetlands are to be preserved and development activity is not
allowed in wetlands, except under the following circumstances, consistent with
adopted Treasure Coast Regional Planning Council policies as indicated below.
1. Such an activity is necessary to prevent or eliminate a public hazard.
2. Such an activity would provide direct public benefits which would exceed
those lost as a result of the development or modification of the wetland
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areas.
3. Such an activity is proposed for habitats in which the functions and values
currently provided are significantly less than those typically associated with
such habitats and cannot be reasonably restored.
4. Due to the unique geometry of the site, it is the unavoidable consequence
of development for uses which are appropriate, given site characteristics.
S. The functions and values provided by wetland habitats to be destroyed are
already completely and fully replaced prior to occurrence of the proposed
impact to existing habitat.
b. Density transfers. Wetlands shall be protected by a density transfer program to
upland areas. Where development occurs within wetlands, the developer must
mitigate the function and value of those wetlands. Development activities with
wetland areas shall:
. occur at a density of no more than one dwelling unit per five acres;
2. be clustered to the least environmentally sensitive portion of the site; and
3. include design considerations to protect the wetland functions of the rest of
the site.
(4) Listed species. For a site on which listed species are known or suspected to be present,
one or more of the criteria listed below shall be satisfied.
a. The applicant successfully demonstrates that the proposed action will not preclude
the continued survival and viability of those listed species located on the site.
b. The applicant presents a plan for relocation, either on site or off site, for those listed
species, which has been reviewed and approved by all agencies possessing
jurisdiction in such matters.
Sec. 116. Preserve area requirements.
(a) Minimum requirements. The minimum requirements listed below shall apply to all required
preserve areas for environmentally significant lands.
(1) Preserve area designations.
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a. The city council shall designate the portion of significant lands which shall be
preserved.
b. Any decisions regarding the designation of preserve areas made by the city council
shall be based on a recommendation from the growth management department.
C. The city council shall have the authority and flexibility to define the preserve area
boundaries or adjust the size of such boundaries.
d. Any administrative decisions regarding the designation of required preserve areas
may be appealed in writing to the city council. The appeal shall be made consistent
with section
e. Any preserve area modifications resulting from the permit approval process
involving other federal or state agencies with environmental jurisdiction shall be
reviewed and approved by the city council or department prior to commencement
of land alteration or construction.
(2) Lands to be set aside in preserve areas. Lands to be set aside in preserve areas shall
be identified and selected based upon the criteria listed below.
a. The quality of habitats, the presence of listed species, proximity to other natural
areas, and other related environmental factors.
b. Preserved in viable condition, with intact canopy, understory, and ground cover,
and maintained without infringement by drainage or utility easements.
C. Platted as separate parcels of land, including conservation easements pursuant to
Chapter 704.06, Florida Statutes, or as otherwise approved by the city council.
d. Of highest quality, capable of functioning within itself or in conjunction with
manmade features.
e. Clearly defined, protected, and managed in such a way that it serves a purpose,
such as habitat protection, to the ecological and vegetative communities adjacent to
such area.
f. Contiguous, wherever possible, to an adjacent preserve, public park, school site, or
other permanent open space, or combination thereof.
g. Maintained as large open or green areas with the intent of preserving such areas to
promote self - sustaining, balanced plant growth, biodiversity, and wildlife
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enhancement
h. Connected with other preserve areas to conceptually function as wildlife corridors.
i. One - hundred - percent protected from alteration during site construction.
j. Compact in nature, avoiding strip or noncontiguous patterns, and arranged in a
continuous fashion where possible. The use of long, narrow preservation areas is
discouraged.
k. Protecting and preserving of the following: all endangered and threatened plant,
animal, and marine populations. and the habitat of critical value to regional
populations of endangered and threatened species.
I. Consistent with applicable South Florida Water Management District regulations,
including the following:
a minimum 15 -foot upland buffer, composed of native vegetation, shall be
preserved or established around wetland areas landward from the edge of
the wetland in all places; and,
2. the upland buffer shall average 25 feet of width from the landward edge of
the wetland.
M. Removal of invasive nonnative vegetation, except phased removal as otherwise
authorized by the city council, at the time of development or redevelopment of a
site. Species to be removed include, but are not limited to such species as Brazilian
pepper, Australian pine, and Melaleuca, and are identified in section
(b) Alteration within the preserve.
(1) Permitted alterations. Alteration within the preserve shall require department
approval, and shall be limited to alterations listed below.
a. The construction of boardwalks, pervious walkways, and other passive recreational
or educational facilities.
b. The construction of firebreaks, fire lanes, or fence lines and the removal of invasive
nonnative species and their replacement with native species. The use of native
plant communities, existing roads and trails, etc., as firebreaks is preferred to the
construction of new access roads or fire lanes, which could result in the
introduction and spread of invasive nonnative plant species.
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C. Unless otherwise approved by the city council, principal or primary public or
institutional buildings are prohibited in lands possessing a future land use plan
designation of conservation and within other environmentally sensitive lands,
including the following:
I. wetlands;
2. 100 -year flood plains;
3. groundwater aquifer recharge areas; and
4. areas set aside to meet the 25- percent preservation of native ecological
communities and native habitats as required by this section.
(2) Minimum dimension and total area.
a. The minimum length or width dimension of all required preserve areas shall be at
least 100 feet, except for preserve areas for historic or specimen trees when a
smaller size may be appropriate.
b. The preferred minimum land area for preserve areas is ten acres, with the
exception of preserves on lots of less than 40 acres.
C. When potential preserve areas will be ten acres or less and cannot be
interconnected with other preserve areas which will result in a preserve area of ten
acres or more, the city council may consider an altemative form of mitigation, as
described in section
(3) Conditions of approval. Any approved preservation plan, and accompanying
development order, shall, at a minimum, include the requirements listed below.
a. The applicant shall identify, flag, and survey wetland areas to be impacted for
review by regulatory agencies and the department at the time of environmental
permit application.
b. The applicant shall file, as applicable, environmental permit applications with
USACOE, PBC DERM, DEP, and SFWMD. The applicant shall provide findings,
permits, or other official actions of such agencies to the department for reference
and review prior to approval of construction drawings or commencement of land
alteration, whichever occurs first.
C. When a development order application includes a golf course, the applicant shall
provide to the department, prior to approval of construction drawings or
commencement of land alteration, whichever occurs first, all information listed
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below.
A management plan for golf course construction to ensure best
management practices are incorporated to eliminate the potential for
nutrient -laden runoff into the wetlands. Techniques may include spreader -
swale, inverted fairways, and similar improvements.
2. Development pod, golf course and cart path topographic elevations.
d. The applicant shall take extreme caution when filling in and around preservation
areas to ensure the protection of the root zone and canopy drip line area. No
changes in pH, topography, or drainage shall occur which may result in disturbance
or destruction of the preserve area. Protection of preserve and buffer areas shall
be monitored by the applicant during all land alteration and construction activities.
e. The proposed project shall be managed to ensure the following:
. the protection of all listed plant and animal species;
2. the highest quality wetlands and uplands are preserved intact; and
3. to ensure that an adequate buffer is maintained around all preserved
wetlands.
Written certification shall be provided by the applicant's landscape architect or
environmental consultant stating the highest quality preserve areas, buffer areas,
and all listed plant and animal species have been maintained on -site within a
functional ecosystem. This certification shall be submitted prior to commencement
of land alteration or construction.
Sec. 117. Management plan.
(a) Management plan required. A management plan for the preserve area or any other
conservation areas within the city shall be prepared by the property owner or entity responsible for
management of the area, as determined by the growth management department. The
management plan shall include but not be limited to the following items:
(1) long term protection of the preserve or conservation area;
(2) removal of and protection on a permanent basis from litter and debris;
(3) avoidance of activities or land alteration which may disturb the preserve area;
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(4) ongoing eradication, removal, and monitoring of invasive nonnative plant species;
(5) control of off -road vehicles; and
(6) maintenance of hydrological requirements.
(b) Prescribed burning. Periodic prescribed burning or other mechanical methods that would
simulate the natural processes of the natural historic fire regime may be required by the city or
department for some preserve or conservation areas.
(c) Approval of management plans. Each management plan shall be approved, pursuant to this
section, by the department, before final approval of construction drawings or commencement of
land alteration, whichever occurs first. Each management plan shall be approved by the city prior
to incorporation of such plan as part of a conservation area, open space, greenway, or wildlife
corridor.
(d) Deed restrictions and similar requirements.
(1) Application. For those lands identified for preserve status, deed restrictions shall be
approved by the city attorney and placed on the lands and recorded in the public records
of the county. Alternatives to recording the deed restrictions include the following:
a. dedication of the preserve area to a public entity or private conservation group
approved by the for the purposes of preservation,
b. granting in perpetuity of appropriate restrictive conservation easements consistent
with the requirements of Chapter _, Florida Statutes; or
C. adoption of such other similar protective measures may be established as may be
approved by city council, upon completion of all review processes.
(e) Single family dwellings. A conservation easement shall be established for a preserve area on a
single - family residential lot five acres or greater in size. The deed restriction or conservation
easement shall be dedicated to the appropriate municipal entity.
(f) Perpetual maintenance. The perpetual maintenance and protection of designated preserve
areas shall be established by a legally binding, recorded instrument, which shall be reviewed and
approved by the city attorney. Such instruments shall include the provisions listed below.
(1) State law. Utilization of Chapter 704.06, Florida Statutes, regarding the use of
conservation easements, provided a suitable means for maintenance and protection of such
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(2)
(3)
(4)
(5)
Sec. 118.
areas is established.
Dedication to the city. Dedication of the preserve area or a conservation easement in
perpetuity to and with acceptance by the city.
Dedication to public agency. Dedication of the preserve area to a suitable public
agency, with approval of the city council.
Transfer of development rights. Utilization of the transfer of development rights
provisions in chapter
to allow retention of preserve areas in an undisturbed manner,
provided suitable means for maintenance and protection of such areas are established.
Retention by owners. Retention of the preserve area by a homeowners' or property
owners' association subject to the restrictions listed below.
a. Such preserve area shall remain undivided, and a lot unit owner or any other
person shall not be able to bring any action for partition or division of any part
thereof. Each lot or unit owner's undivided interest shall be preserved, protected,
and maintained through recorded covenants running with the land or a developer's
agreement. Title of such area shall be encumbered for the perpetual benefit of the
public generally, and all future use shall be consistent with the intent and purpose of
the preservation of open space, as provided in the city's comprehensive plan and
herein.
b. A stated obligation on behalf of the association to pay for the cost of care and
maintenance of all preserve areas; and
C. A management plan, approved by the city, shall be incorporated into the
association documents prior to final approval of construction drawings or
commencement of land alteration, whichever occurs first.
Alternative forms of mitigation.
(a) Purpose and intent. The purpose and intent of allowing the approval of an alternative form of
mitigation is to provide a public benefit to the city that equals or exceeds the expected benefit that
would have been derived from on -site preservation.
(b) Alternative mitigation programs. Alternative forms of mitigation that may be approved by
the city include, but shall not be limited to, the programs listed below.
(1) Off-site preservation. Off site preservation of environmentally significant habitat equal to
or greater in size than the requirement stated in subsection or preservation outside
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the city, if the city council determines that the area to be preserved provides a unique
benefit to the city and the region.
(2) Payment in lieu of preservation.
a. Cash payments in lieu of preservation of environmentally significant land, based on
appraised land value and as determined by the city council, shall be made to a city
fund established for the acquisition of land containing similar native vegetation,
other environmentally significant lands, or any ecological or environmental
improvements to public lands.
b. The beautification and environmental committee shall provide recommendations to
the city council for use of funds obtained in lieu of preservation of environmentally
significant lands.
C. The total sum of money required in lieu of preservation of environmentally
significant lands shall be determined by the amount of land normally required for
preservation and the location thereof. The value thereof shall be determined by
two property appraisers, who are members of the appraisal institute (MAI). One
appraiser is to be appointed by the city and the other by the developer. Each party
shall bear the expense of the respective appraiser appointed. Both appraisals shall
meet appropriate city standards. The amount of money determined by averaging
the two appraisals shall be paid by the developer to the city at the time of final
development order approval by the city council or as the city council may
authorize. Value of the land shall reflect development approvals granted by the city.
(3) Environmental restoration or creation. Restoration, reestablishment, or creation of
artificial environments within or outside the limits of a proposed developments. The
applicant shall provide evidence that such mitigation will be beneficial to species designated
as endangered, threatened, or species of special concern. The applicant also must
demonstrate the area to be improved is equal to at least 100 percent of the preservation
area requirement for the type of development order approval that has been requested.
(c) Density bonus.
Additional density. Any property possessing a future land use designation of residential high
(RH) may have densities permitted up to 15.0 units per gross acre. The additional density allow is
based on one additional unit allowed for every ten percent of native ecological habitat put into a
preserve within a PCD, up to a maximum of 15.0 units per gross acre. These preserve areas shall
be over and above the minimum preservation and open space areas provided in accordance with
standard PCD requirements and must be incorporated into the pedestrian and nature trailways
system described in the comprehensive plan.
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Sec. 1 19. Removal of invasive nonnative plants and vegetation relocation.
Nonnative plants and vegetation relocation. The standards listed below shall apply to
invasive nonnative plant species and to vegetation relocation.
(1) Nonnative species prohibited. The installation of invasive nonnative species into any
preserve area in the city is prohibited.
(2) Removal. Prior to the issuance of the first certificate of occupancy, all invasive nonnative
plant species, as defined in chapter , shall be removed from the entire site, including the
preserve area.
(3) Verification of removal. A certificate of occupancy or other official acceptance of
completed work shall not be issued until all required removal of invasive species has been
completed and is in accordance with the approved development order or management
plan.
(4) Removal of native vegetation. Removal of native vegetation shall be minimized in the
land development process. When feasible, native material shall be relocated on site.
Native vegetation which cannot be transplanted or relocated on -site is encouraged to be
offered for donation or to be sold by the applicant.
Division V.
Public Places
Subdivision 1.
Art in Public Places
Sec. 120. Definitions.
(a) Definitions. The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning.
(1) Construction cost means total costs of buildings constructed on the site.
(2) Development means any capital project to construct or remodel any private or public
development, except residential, or any portion thereof within the limits of the city.
(3) Works of art mean all forms of the visual arts conceived in any medium, material, or
combination thereof, including but not limited to painting, sculpture, fountains, engraving,
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carving, frescos, mobiles, murals, collages, mosaics, bas- reliefs, tapestries, photographs,
drawings, and collaborative design projects between architects and /and landscape architects
and artists.
(b) Violations. Violation of this chapter shall be subject to enforcement as provided in section
(c) Art advisory committee.
(1) Creation. The city council shall appoint an art advisory committee which shall consist of
five regular members and two altemates. The members shall be residents of the city.
Members of the city council and representatives of for - profit arts dealers or consultants shall
not be eligible for membership.
a. Duties. The committee shall screen submissions of existing or commissionable
works of art and shall make a recommendation to the city council. The committee
shall make recommendations to the city council at time of building permit
application or prior to final site plan approval. The city manager shall have authority
to provide funds for administrative expenses of the committee.
b. Selection criteria. The criteria listed below must be considered by the art
advisory committee in the selection of an artist for a development project pursuant
to the requirements of this chapter.
1. Appropriateness of the artwork to the site and site environmental
conditions, including visual accessibility to pedestrian or vehicular traffic.
2. Quality of the artwork.
3. Maintenance requirements.
4. Ability of the artist to complete the project within a specified schedule.
S. Exhibition and sales history of the artist, as well as works in public
collections and previous public art purchases or commissions.
(2) Zoning consideration. Consideration must be given to project zoning (as base
specifications and wind tolerance for sculpture). Permits and building division approval must
be obtained, when necessary.
(3) Meetings. The committee must meet at appropriate times to complete its task within the
specified schedule. The art advisory committee shall develop regulations regarding
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submittal and approval of recommended artwork.
(4) Guidelines. The committee shall adopt an Art in Public Places Implementation Guideline-
to assist both public and private sector planning activities.
(5) Installation. Installation of artwork shall be guided by the standards listed below.
a. Artwork shall be installed to be visible to the maximum number of passers -by.
b. Artwork shall be integrated into the overall planning and design for a structure or
project, and shall be compatible with the intent and purpose of the structure at
which the work or works are located.
C. Artwork shall be integrated into the overall landscaping plan, and landscaping shall
be utilized to enhance the visibility of such works.
d. Artwork shall be lighted in an unobtrusive manner. At a minimum, artwork shall be
illuminated from dusk until midnight.
(6) Maintenance. Artwork shall be maintained in good conditions at all times, including any
associated landscaping or related improvements.
Sec. 121. Fee imposed on developments; requirements.
(a) Fee. All budgets for the new construction of private and public developments in the city, as
specified in section , shall include an amount of one percent of the total budgets as a fee for
art in public places. The fee shall be imposed and paid as provided below.
(1) Deposit of funds. The developer shall submit to the city documentation showing that a
deposit was made with the developer's attorney into an escrow account in an amount of
money equal to the art fee prior to the issuance of the first building permit. The developer's
attorney will furnish the city documentation of the withdrawals for payment of art fees in
accordance with the terms of the contract between the developer and the artist or artists.
The developer's attorney will provide the city a final certification and accounting of the
payment of art fees at the conclusion of the placement of artwork.
(2) Surplus balance. Any surplus balance existing in the escrow accounts after the
developer has installed the required artwork shall be collected by the city. The surplus
balance shall be held in a segregated, interest- bearing fund, and shall be used for the
provision of additional art work at the construction site or another site within the city. Use
of such funds shall be determined by the city council and shall be in accordance with further
provisions of the chapter.
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(3) Artist selection. The selection and commissions of the artists shall be by written
contract between the developer and artists.
(4) Cost overruns. If the final project cost is higher than the cost figure used to calculate the
preliminary art budget, the art budget must be increased as necessary to equal one percent
of the actual defined total project cost. The art budget must be revised within 30 calendar
days of any such changes.
(5) Location. The artwork shall be displayed in a location visually accessible to both
pedestrian and vehicular traffic.
(b) Contribution of developer. Instead of providing the artwork on the project site, a developer
may choose to contribute one percent of the total construction costs as the required art fee. If the
contribution is made, the contribution shall be placed in the city's art account. The contributor shall
have no input in the use of such funds.
(1) Artist selection. The selection and commissions of the artists and artwork shall be by
written contract between the city and artists.
(2) Use of purchased art. Al artwork purchased by the city required art fee contribution
shall be displayed on city -owned land, a city -owned building or a city - leases or rented
facility. The artwork shall be displayed in a location visually accessible to both pedestrian
and vehicular traffic.
(c) Guidelines. The selection and commissioning of artists shall be in accordance with the Art in
Public Places Implementation Guidelines adopted by the art advisory committee.
(d) Special art advisory committee.
(1) Creation. The city council shall appoint a special art advisory committee to render an
advisory opinion regarding but not limited to the following:
a. the suitability of the construction project as a location for works of art;
b. the nature of the works of art which are most appropriate for the construction
project; and
C. the best method of securing the recommended works of art.
(2) Duties. The city council shall specify the scope of the opinion which it elicits from the
special art advisory committee, and the time limit within which a response is required.
City of Palm Beach Gardens/Land Development Regulations
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(3) Ownership and maintenance. Artworks purchased under subsection _ belong to
the property owner, and must be insured and maintained. Artworks purchased under
subsection are the property of the city and shall be maintained by the city, Artwork
installed in accordance with this chapter cannot be altered or removed from the site
without approval of the city council. When developer -owned art is situated at or on
property or facilities owned or occupied by the city, the developer may transfer ownership
to the city. Such art must be maintained by the city. The city has the right to maintain any
art it deems improperly maintained and charge the owner the cost of such maintenance.
(e) Insurance. Proper insurance coverage shall be maintained by the city on artworks purchased
with funds generated by this article or on artwork whose ownership has been transferred to the
city.
(f) Appraisal. To establish the value of art submitted to comply with this section, the art advisory
committee shall have the authority to employ an independent art appraiser to provide a written
appraisal of the art submitted. Such appraisal will be paid for by the developer as part of the overall
art contribution.
(g) Waiver of requirements.
(1) Waiver. The city council may waive the requirements contained in this chapter, utilizing
the standards contained herein. Promotion of the general welfare of the city shall be a
major factor in the waiver or reduction of fees.
(2) Existing structures. Required fees may only be waived in whole or in part provided an
existing complex is subject of extensive plans for redevelopment of the exterior of existing
structures, or buildings are demolished and replaced with square footage equal to or less
than that of original buildings.
(3) Other upgrades. Upgrading of landscaping, project entrances, and vehicle parking, if
any, which provide substantial improvement over the existing code requirements shall be
factors to be considered in the waiver process.
(4) Criteria for waiver of fees. The city council shall consider the following when
considering a request to waive or reduce required fees:
a. the impact of proposed improvements on the appearance and utility of an existing
structure;
b. the impact of proposed improvements on existing and potential tenants or
businesses; and
City of Palm Beach Gardens/Land Development Regulations
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C. the probability of the owner acquiring substantial or anchor tenants to assist in
relieving financial problems, excess vacancy rates, dilapidated appearance, and
similar
(5) Credit for expenditures.
a. Monies expended for the purpose of meeting minimum code or site plan
requirements shall receive no credit for payment of required fees.
b. Landscaping shall be considered a temporary improvement as compared to a
permanent structural improvement in determining a monetary credit. The city
council may not authorize more than 50 percent credit for the cost of installing new
or replacement landscaping. Unusual cost of individual plantings or groups of
plantings, such as rare exotics, shall not be considered as the sole factor for credit.
(h) Architectural features. The city council may grant a partial credit toward required fees when a
project contains unusual architectural features.
(i) Aesthetic features. The city council, upon the recommendation of the art advisory committee,
may give a developer partial credit for an element of the project which supplies creditable aesthetic
features for the benefit of the public.
Division VI.
Signs
Sec. 122. Intent and purpose.
Purpose and intent. The purpose of this chapter is to create the legal framework for a comprehensive
and balanced system of signage to facilitate an easy and pleasant communication between people and their
environment and to avoid the visual clutter that is potentially harmful to traffic and pedestrian safety,
property values, business opportunities and community appearance. With these purposes in mind, it is the
intent of this chapter to authorize the use of signs, provided they are compatible with their surroundings,
appropriate to the activity that displays them, expressive of the identity of the individual activities and the
community as a whole, and legible in the circumstances in which they are seen.
Sec. 123. Application.
Application. The regulations of this chapter shall apply to all signs within the city.
Sec. 124. Nonconforming signs.
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(a) Retention of existing signs. Every legal sign existing as of January 11, 1990 and which is a type
of sign not permitted in this chapter or is not consistent with the requirements of this chapter may
be continued or retained until January 7, 2000, except as may be provided otherwise by the city
council.
(b) Expiration, removal, and exempt signs. Upon expiration of the time period stated in
subsection (a) above, all affected sign shall be removed immediately by the property owner. Signs
exempt from this requirement are listed below.
(1) PUD signs. Signs which have been specifically approved as part of a PUD, PCD, or site
plan within a PCD.
(2) Flat wall signs. Existing flat wall signs below the third floor of a multiple story building or
the roof line of two -story office buildings shall be allowed to remain indefinitely. However,
these signs are subject to the provisions of section
(3) Residential development signs. Signs located within residential zoning districts which
indicate the name of a residential subdivision or development.
(4) Certain nonconforming signs. Signs made nonconforming by sign code revisions
adopted by Ordinance 25, 1999.
(5) Annexation.
a. Any permanent sign existing on property annexed into the city, not permitted
under this chapter but lawful at the time of annexation, shall be removed no later
than six years from date the city comprehensive land use plan change affecting the
property is adopted by the city council.
b. Temporary signs which are not permitted by this chapter shall be removed within
60 days from the date of adoption of the comprehensive land use plan amendment
which pertains to such property.
(c) Amortization. The time periods provided in this subsection are for the purpose of amortizing
the costs of a sign created or existing on or prior to adoption of the ordinance from which this
section originally derived by virtue of lease of location or sign space.
Sec. 125. Temporary signs.
Temporary signs. Temporary signs which are not permitted by this division shall be removed within 30
days from the effective date of this ordinance.
City of Palm Beach Gardens/Land Development Regulations
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Sec. 126. Addresses.
Addresses. Al residential and nonresidential structures shall post the building address in a location
conspicuous from the adjacent public or private right -of -way. The size of residential address numbers shall
not exceed six inches in height. The size of nonresidential address numbers shall not exceed 12 inches in
height, or as otherwise approved by the growth management director based upon the specific height of
the building to which the numbers are attached.
Sec. 127. Permits required, fees, and revocation.
(a) Building permit required. It shall be unlawful for any person to erect, repair, alter, relocate, or
maintain any permanent sign defined in this chapter without obtaining a building permit and paying
the required fee.
(b) Revocation. The building official is authorized to revoke any building permit if a sign is erected or
installed that does not comply with the requirements of this chapter.
(c) Maintenance and inspection.
(1) Maintenance. Al signs for which a permit is required, together with all supports, braces,
guys, anchors, sign faces, and other structural and nonstructural members, shall be
maintained in good condition and appearance, and in compliance with applicable building
codes. The building official may order the removal of any sign that is not maintained in
accordance with this section. The removal shall be at the expense of the owner or lessee.
Examples of unacceptable maintenance and repair include the following:
a. cracked, ripped, or peeling paint present on more than 10% of the surface area of
a sign;
b. bent, broken, loose, or otherwise insufficiently attached supports, struts, or other
appendages;
C. partial illumination for more than 14 days;
d. obstruction of sign face by weeds, vines, tree branches, or other vegetative matter;
and
e. maintaining a position that is more than 15 degrees from vertical for more than ten
successive days.
(2) The building official shall reinspect all signs erected within the city as often as deemed
necessary. No fee shall be required for reinspection.
City of Palm Beach Gardens/Land Development Regulations
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Sec. 128. Design requirements.
Compliance with building code. All permanent signs shall be designed and constructed in compliance
with applicable building codes. Al electric wiring shall be installed underground, within building walls, or
otherwise located so as not to be visible.
Sec. 129. Variances.
(a) Variance allowed. The BZA, consistent with the requirements of section — may grant a
variance from the strict application of this chapter.
(b) Required vote. The affirmative vote of three members of the BZA shall be required to grant a
variance to this chapter.
(c) Exceptions.
(1) PUDs and PCDs. The city council may, at time of development order approval or
development order amendment, grant one or more waivers to the requirements of this
division applicable to a PUD, PCD, or site plan within a PCD.
(2) Compliance with intent and purpose. The city council may vary the size, setback
requirements, and number of permitted signs in a PUD, provided the city council
determines a PUD application complies with the general intent and purpose of this division.
Sec. 130. Removal of abandoned signs.
Removal. Any sign which no longer is used to advertise of a licensed business or a product sold on-
premise shall be removed by the owner of the property, building. or structure upon which the sign is
located within ten days after written notification from the building official. Upon failure to comply with the
notice within the time specified in the order, the building official is authorized to cause removal of the sign.
Any expense associated with the sign removal shall be paid by the owner of the property, building,
structure, or premises to which the sign is attached or on which the sign is located.
Sec. 131. Removal of unsafe signs.
Unsafe signs. If the building official determines any sign regulated in this division is unsafe, insecure, a
menace to the public health, or constructed, erected, or maintained in violation of this chapter, a written
notice of such determination shall be provided to the property owner. The owner of the property has ten
days following receipt of the written notice to remove, repair or otherwise alter the sign so as to comply
with this chapter. If the sign is not removed, repaired or otherwise altered to comply, the necessary
removal or improvements shall be carried out by the building division at the expense of the owner of the
City of Palm Beach Gardens/Land Development Regulations
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property. The building division shall cause any sign which is an immediate peril to persons or property to
be removed summarily and without notice.
Sec. 132. Owner to be charged for cost of removal by city.
Cost of removal. When the city has caused or paid for the removal of a sign, the actual cost of the
removal shall be paid by the owner of property on which the sign is located The cost of removal shall
include accrued interest at the rate of ten percent per annum from the date of the completion of the work.
Sec. 133. Lien for costs of removal.
(a) Lien. If the full amount due the city for sign removal is not paid by the owner within 60 days after
the removal of such sign, the city shall cause to be recorded in the official record books a lien
against the property. The lien shall remain in full force and effect for the amount due in principal
and interest, plus costs of court, if any, for collection, until final payment has been made.
Sec. 134. Obstructions.
Obstructions prohibited. Signs shall not be erected, installed, constructed, attached, or maintained so
as to serve as an obstruction as noted below.
(a) Ingress and egress. A sign shall not block any fire escape, or any window, door, or opening
used as a means of ingress or egress.
(b) . Fire escapes and ventilation. A sign shall not be attached to a fire escape or be placed in such
manner as to interfere with any opening required by the building code for ventilation.
(c) City property. Signs shall not be allowed on city property or rights -of -way within the city unless
specifically authorized by the city council. Any signs not authorized on city property or rights -of-
way shall be immediately removed by the city, and the costs of such removal shall be borne by the
parties responsible for the installation.
(d) Other governmental agencies. Other governmental entities which have jurisdiction or
control of public right -of -way may install signs within such rights -of -way. Any signs that are not
authorized on such rights -of -way shall be immediately removed by the city or governmental
agency, and the costs of such removal shall be borne by the parties responsible for the installation.
Sec. 135. Prohibited signs and prohibited sign locations.
(a) General. The signs described below, unless otherwise provided in this section, are prohibited
and shall not be installed or constructed within the city.
City of Palm Beach Gardens/Land Development Regulations
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233
(b) Off- premise signs. Off -site or off - premises signs are prohibited. All sign copy shall advertise,
promote, or otherwise attract attention to goods and services available on the property on which
the sign is located.
(c) Traffic control signs. Any sign which resembles, is similar to, or may be confused with any sign
or device to control vehicular, bicycle, or pedestrian traffic is prohibited.
(d) Obstruction of vision. Any sign installed or erected in a location, or at a street intersection, or
in any street right -of -way so as to obstruct free and clear vision is prohibited.
(e) Prohibited sign characteristics. Only passive -type signage shall be permitted. Signs which
incorporate animation, bright or flashing lights, movement or motion caused by the wind or
electrical or mechanical means, flashing or electronic messages, or other real or apparent forms of
motion are prohibited.
(f) Prohibited illumination. Illumination of signs utilizing flashing, intermittent, rotating, revolving,
oscillating techniques is prohibited.
(g) Building outlines. The use of neon lighting or other devices to outline the exterior part of a
building is prohibited.
(h) Other prohibited signs. In addition to the prohibited signs indicated above, the following signs
are prohibited in the city:
(1) awning signs, unless otherwise provided herein;
(2) bunting, pennants, streamers, banners, and other similar signs or devices normally but not
always installed in a series, designed to move with the wind, and usually attached to
buildings, trees, ropes, poles, and similar structures;
(3) murals;
(4) painted wall signs;
(5) flags, unless otherwise allowed by section
(6) changeable copy signs, excluding changeable copy signs related to the sale of gasoline;
(7) signs with extruded figures or elements;
(8) portable signs;
City of Palm Beach Gardens/Land Development Regulations
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(9) roof signs;
(10) balloons or balloon signs;
(1 1) copies or imitations of official signs;
(12) illuminated tubing or strings of light which outline and draw attention to property lines, roof
lines, open sales areas, windows, or walls, excluding decorative white lighting located in
landscaped areas;
(13) exposed neon tubing;
(14) beacons or searchlights;
(15) signs attached to an accessory structure;
(16) signs which emit sounds;
(17) neon signs, unless otherwise provided herein;
(18) signs which emit visible smoke, vapor particles, or odor;
(19) sandwich board or "A" frame signs;
(20) signs which exhibit obscene material;
(21) snipe signs or similar temporary signs attached to trees, light poles, utility poles, or similar
structures;
(22) signs placed upon benches, bus or transit shelters, or waste receptacles, unless specifically
approved by the city council;
(23) interior merchandise displays visible through glass windows and oriented to the outside,
and located within three foot of a window; and
(24) any other sign, device, or equipment which attracts attention, excluding those signs allowed
by the provisions of this division.
Sec. 136. Permitted signs.
(a) Permanent signs. Permanent signs shall be permitted as provided in Table
City of Palm Beach Gardens/Land Development Regulations
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Sign Type Permitted Max. Max. Maximum Maximum Other Limits
Zoning Size # of Number Dimensions
Districts (Sq. Sign (� )
Feet) Faces
Flat/Wall Sign
NMT I
I per tenant None
■Sign must face ROW
for Ground
5% of
space or bay
or primary entrance.
Floor Users
area of
■Uniform type, color,
elevation
material, shape &
of tenant
style.
space or
■Letters NMT 24
bay
inches.
■Max. 2 lines of copy.
■Signs shall not be
located above second
floor line or above
building parapet.
Window Sign
Lesser of I
I per tenant, None
■NMT 5% of total
100 sq.
business, or
glass area allowed for
feet or
bay.
name, hours,
20% of
open /closed, credit
gross
cards & telephone
glass
numbers.
area
■NMT 15% of total
glass area allowed for
goods and services
offered.
i ■AII sign materials
must be permanent.
■Paper, cardboard,
I
etc., are prohibited.
Menu Sign
4 square I
I per None
■Must be attached to
(Wall-
feet
restaurant
wall.
mounted)
■Must be framed or
matted.
■Not included in area
for window signs.
■Enclosed in frame or
casing compatible with
building design and
color.
■Casing shall not
project more than 2
inches from wall.
City of Palm Beach Gardens/Land Development Regulations
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Sign Type
Permitted Max.
Max.
Maximum
Maximum
Other Limits
Zoning Size
# of
Number
Dimensions
Districts (Sq.
Sign
(I )
Feet)
Faces
Menu Sign
15 feet
2
1 per
Height: 5 feet
=Constructed of
(free-
restaurant.
Width: 3 feet
durable materials.
standing)
Additional signs
■May be pole
permitted if
mounted, "A" frame,
outdoor
or sandwich board.
seating areas
■May include name,
are either:
hours, credit card,
separated by 6
menu, and price
feet high wall
information.
or not visible
■Must be stored
to each other.
inside restaurant when
closed.
Building
4 square
2
1 per building.
Height: 4 feet.
■Max. 4 feet above
Directional
feet
crown of paving or
Sign
road.
Exit and
4 square
2
1 per
None
■Max. 3 feet above
Entrance Signs
feet
approved
crown of paving or
entry or exit.
road.
■Min. 2 feet from
property line.
■Copy limited to
EXIT, ENTRANCE,
EXIT ONLY, etc.
■lntemal illumination
only.
■Located in
landscaped area.
City of Palm Beach Gardens/Land Development Regulations
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Sign Type Permitted
Max.
Max.
Maximum
Maximum
Other Limits
Zoning
Size
# of
Number
Dimensions
Districts
(Sq.
Sign
(� )
Feet)
Faces
Menu Board
20
2
1 per
Height: 5 feet
■Drive- through
square
restaurant
Width: None
restaurants only.
feet
■lntemal illumination
only.
■Must be landscaped
consistent with
chapter
■Located NMT 100
feet from principal
building.
■May have remote or
electronic service.
■Shall not be located
adjacent to residential
zoning districts.
Gasoline Price
15
2
1
None
■May include
Sign
square
changeable copy.
feet
■May be integrated
into another sign.
■Sign with price
integrated shall not
exceed permitted sign
size.
Occupant
6 square
2
I
None
■May be suspended
Identification
feet
from soffit or eave:
Sign
■Must be parallel to
soffit or eave.
■Min. clearance of 8
feet from bottom of
sign to top of
walkway.
■Located at main
entrance.
■May be externally
illuminated.
City of Palm Beach Gardens/Land Development Regulations
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Id
Sign Type
Building
Directory Sign
Permitted Max.
Zoning Size
Districts (Sq.
Feet)
18
square
feet
Max.
# of
Sign
Faces
I
i
i
Maximum Maximum Other Limits
Number Dimensions
(1)
I per building Height: 6 feet
with tenant or Width: None
business
spaces not
directly
accessible from
building
exterior
■2 or more buildings
on same parcel or
development
■lntemal illumination
only.
■Located within a 25
feet radius of main
entry to building.
■May be a changeable
copy sign.
■Shall be placed in
landscaped area.
■Vehicle pull -off may
be required.
Time and NMT I Permitted only None. ■Only time and
Temperature 25% of as part of a temperature may be
Sign total wall or flat sign. displayed.
sign area ■Size to be included
within overall size of
principal sign
Perimeter
60
I 1 per wall or I None. ■Letters may not
Wall or Entry
square
per entry exceed 24 inches in
Feature Signs
feet
height
for Residential
■Illumination limited
Development
to backlighting with
opaque letters or
ground lighting for
letters
■Residential entry
feature signs to be
approved by city
council
Notes.
ROW= Public road right -of -way.
NMT= Not more than.
(1) Height measured from average grade.
(2) Ground sign must be landscaped as provided below.
a. Front: minimum width shall be not less than the height of the sign.
b. Side: minimum width shall be not less than the height of the sign.
C. Rear: minimum width shall be three feet.
(3) Lesser of the following:
City of Palm Beach Gardens/Land Development Regulations
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a. 90 square feet; or
b. 3 percent of the affected building facade located below the fourth floor line and
above the finished floor elevation of the first floor; or
C. 3 percent of the affected building facade located 30 feet above the centerline of the
adjacent public right -of -way.
Sec. 137. Illumination.
(a) Permitted illumination.
(1) Nonresidential zoning districts. Ground, flat, or wall signs shall be illuminated utilizing
the following: backlighting, internal lighting, or permanently fixed and encased lighting from
below, and external to, the sign surface. External lighting greater than 15 watts is
prohibited unless properly shielded to prevent glare upon adjacent public rights -of -way or
adjacent property. The department may require photogrametric or other studies to
ensure sign lighting will not adversely affect the public health, safety, and welfare.
(2) Residential zoning districts. Only backlighting with opaque lettering and permanently
fixed and encased face lighting from below the sign surface shall be permitted in residential
zoning districts.
(b) Neon signs. Neon signs are permitted within a building, provided such signage is not visible from
a public right -of -way, except as otherwise provided herein.
(c) Permitted neon signs. An exposed neon sign may be displayed and be visible from a public
right -of -way subject to the following restrictions: -
(1) the sign area shall not exceed three square feet
(2) the sign shall be limited to the color white; and
(3) the sign content is limited to the singular word "open" and in a standard block letter format.
Sec. 138. General standards.
Applicability. The following standards are applicable to all permitted signs.
(a) Sign materials. All lettering, logos and other such identification markings on signage shall be
permanent and not interchangeable, unless otherwise proved herein.
(b) Residential property. A permitted sign shall not be located within 100 feet of property
City of Palm Beach Gardens/Land Development Regulations
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241
possessing a residential zoning designation.
(c) Landscaping. Ground signs shall be landscaped. The minimum landscape area dimensions are
indicated below and in Figure
(1) Front: minimum width of the landscape area shall be the height of the sign.
(2) Side: minimum width of the landscape area shall be the height of the sign.
(3) Rear: minimum width shall be three feet.
Landscape areas associated with ground shall be irrigated, unless waived by the growth
management department, and shall be maintained as required by chapter
(d) Flags. Not more than three flags
and three flag poles shall be ' Check if types are OK. '
located on a property. Permitted
are flags representing
governmental, religious, not - for - profit, or corporate entities. On any property, only one
of each permitted flag may be displayed. A retail scuba diving shop may display the
recognized scuba dive flag in lieu of a permitted flag. Flag poles shall not exceed 25 feet
in height. One flag per pole is permitted. The area of a flag shall conform to the
requirements listed below.
Height of
Flag Pole
Maximum
Flag Area
Maximum
Dimensions
20 to 25
48 square
5 feet by 7
Feet
feet
feet
Less than
15 square
4 feet by 6
20 Feet
feet
feet
(e) Logos. Logos or any federally registered trademark may be permitted as part of a sign
as follows:
a. if designed as an integral part of the advertising copy;
b. if consistent with an approved color scheme of the master sign plan; and
C. if displayed as registered.
(f) Calculation of sign area.
City of Palm Beach Gardens/Land Development Regulations
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(1) Sign area. Sign area shall be calculated as illustrated in Figure
The area of a sign face shall be calculated by means of the smallest rectangle that
will encompass the entire area of a sign, including all letters, numbers,
characters, logos, emblems, information, or other display. The sign area shall
include any materials or colors utilized to differentiate the sign from the
backdrop or structure on which it is placed, including all materials to form the
cabinet or other structural members of the sign. Sign area shall not include any
supporting framework, bracing, or decorative fence or wall when such wall is
consistent with the requirements of section
(2) Sign area of multi -faced signs. Sign area for multi -faced signs shall be
calculated as indicated below and in Figure
a. The area of a double faced sign with sign faces that are parallel or the
interior angle of the two faces is 60 degrees or less shall be calculated
using the area of only one sign face.
b. The area of a double faced sign with sign faces having an interior angle of
more than 60 degrees, the area of both sign faces shall be added
together to determine total area of a sign.
C. The sign area of multi -faced signs is calculated based on the principle that
all sign elements that can be seen at one time or from one vantage point
should be considered in measuring that particular sign face.
(3) Fence or wall sign. For a fence or wall sign, all letters, characters, logos, and
other pieces of information or other graphic representations placed on the wall
shall be included in the determination of sign area. The sign area shall include
any materials or colors utilized to differentiate the sign from the backdrop or
structure on which it is placed, including all materials to form the cabinet or
other structural members of the sign.
Sec. 139. Sign program.
Sign program required. The growth management department may require any
development order application for a PUD, PCD, MXD, or conditional use to submit an overall
sign program. The sign program shall indicate location, size, type, landscaping, and illumination
of proposed signs.
Sec. 140. Exempt signs.
City of Palm Beach Gardens/Land Development Regulations
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Exempt signs. The signs listed below are permitted signs, and are exempt from the
requirements of this chapter.
(1) Mailboxes. Roadside mailboxes.
(2) Residential identification signs. Residential building identification, displaying
the name or property occupant or street address, provided such sign is less than
four square feet.
(3) "No soliciting" signs. Signs prohibiting peddlers or solicitors, indicating
security such as burglar alarms, or "beware of bad animal' signs. Signs of this
nature shall be located at the entrance of the building or residence, or adjacent
to fenced areas.
(4) Traffic control. Traffic control, directional, and information signs placed in
public rights -of -way by federal, state, county, city, and other public agencies.
(5) Interior signs. Signs located within a building, and not visible from a public
right -of -way.
(6) Courtyard signs. Signs located on the exterior elevation of an interior
courtyard, provided such signs are not visible from a public right -of -way, parking
lot, or abutting residential zoning district.
(7) Vehicle advertising. Motor vehicles with business names, business
addresses, telephone numbers, contractor certification numbers, logos, and
similar information painted or embossed on vehicle surfaces, when otherwise
permitted or required by law. Parking of such vehicles shall be limited as
provided below.
a. Motor vehicles including but not limited to trucks, vans, and automobiles
with business signage shall not be parked in off - street parking areas for
the purpose of advertising a business or service.
b. Such vehicles shall be parked in off- street parking areas in the rear or
side yards so as not to be directly visible from any public street right -of-
way.
Sec. 141. Temporary signs allowed.
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 244
(a) Permitted temporary signs. Temporary signs allowed within the city are listed in
Table
(b) Approval. Temporary signs shall be approved by the building division. Signs not
approved by the building division are subject to immediate removal by the city, at the
expense of the owner. Temporary signs shall comply with the standards listed below.
(1) Illumination. Temporary signs shall not be illuminated.
(2) Setbacks. Temporary signs shall be setback at least 15 feet from the greater of
following:
a. the nearest property line;
b. the edge of pavement; or
C. the edge of sidewalk or other walkway.
(3) Maximum height. A temporary sign shall not be higher than five feet above
the crown of the road adjacent to the sign.
(4) Permitted sign types. Only pole or sandwich - board -type signage shall be
used for temporary signs.
(5) Prohibited sign types. Balloons, bunting, banners, streamers, portable signs,
flags, billboards, and similar signs are not permitted. A business activity may
install not more than two "grand opening" or special event banners in lieu of
other types of permitted temporary signs.
City of Palm Beach Gardens/Land Development Regulations
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Table
TEMPORARY SIGNS
Type of Sign Maximum
Earliest
Final Removal
Notes and
Size
Installation
Date
Remarks
(Square Feet)
Date
or lot
Political ■Residential - 6
■Residential - none
■Residential - none
■ I sign per
square feet
■Nonresidential -
■Nonresidential - S
candidate or issue
■ Nonresidential -
30, days before
days after election
per residential
32 square feet
primary, general, or
dwelling
runoff election or
■ I sign per
referendum.
nonresidential parcel
obstruct vision at
or lot
intersections, etc.
■ Signs may not be
City of Palm Beach Gardens/Land Development Regulations
placed on public
Draft — 3/5/00
246
property.
■Signs may not be
placed in public
rights -of -way.
■Signs may not
obstruct vision at
comers,
intersections, etc.
■Applicable to
federal, state,
county, and local
elections.
Free Speech Sign ■ Residential - 6 None None
■ I sign per
square feet
residential dwelling
■ Nonresidential - as
or lot
permitted by sign
■ 1 sign per
regulations
nonresidential parcel
or lot
■Sign may be
installed in lieu of
any permitted
nonresidential sigh
■ Signs may not be
placed on public
property.
■Signs may not be
placed in public
rights -of -way.
■Signs may not
obstruct vision at
comers,
intersections, etc.
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246
Type of Sign
Maximum
Earliest
Final Removal
Notes and
Size
Installation
Date
Remarks
(Square Feet)
Date
Sale of Land,
16
When property
5 days after closing
Building, or Portion
offered for sale
of Building.
Sale: Residential
6
Day open house
Day open house
Open House
begins
closes
Sale: Nonresidential
16
Day open house
Day open house
Open House
begins
closes
Sale: Portion of
16
When building
5 days after sale
Building
offered for sale or
closes
development order
issued
Rent or Lease:
16
When building
5 days after rented
Building
offered or
or leased
development order
issued
Rent or Lease:
16
When building
5 days after 100
■Rooming house
Portion of Building
offered or
percent rented or
signs excluded.
development order
leased
_
issued
Development Sign
32
When complete
On receipt of first
development order
certificate of
application filed with
occupancy
city
Project
32
Issuance of building
On receipt of final
Suppliers/trades
permit
certificate of
occupancy
■
Grand
32
7 days before event
10 days after
Openings/Project
opening or event
Openings/New
Businesses
Outparcel/Phase
32
7 days before event
10 days after
Special Event/Sale 16
Not for Profit
7 days before
sale /event
I day after ■Not for
sale /event profit/nonprofit
organization only
City of Palm Beach Gardens/Land Development Regulations
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Type of Sign
Maximum
Earliest
Final Removal
Notes and
Size
Installation
Date
Remarks
(Square Feet
Date
Special Event/sale
16
7 days before event
I day after
st
for Profit
sale /event
o -
S Is-
School/Day
"'`t °_" 1i "
30 days before
30 days after
Care/Nursery
a: '
registration
registration
Garage Sale
12
1 Day before sale
Day of sale
■ I sign for the sale
Outside Sales/Res
16
Day before sale
I day after sale
Without Buildings
-
Special Event
4
Day before event
I day after event
" b
Direction Signage
o _ a -
Construction
16
° ss �e o a d °'"` °-
On receipt of final
Entrance
certificate of
occupancy
i in Rerm,
(6) Maximum sign faces. A maximum of two faces will be allowed for each
temporary sign.
(c) Removal.
(1) Hurricane watch. Any temporary sign installed within the city shall be
removed by the owner or city if a hurricane watch is posted. The city shall not
be responsible for the replacement of such signage after a hurricane watch is
discontinued.
(2) Violations. The city shall have the right to remove any temporary signage in
violation of this section.
(d) Number. Each side of a property facing a public right -of way is allowed one temporary
signs as permitted in Table
(e) Prohibited materials. Paper, cardboard, or other such material subject to rapid
deterioration shall not be used for any sign that is to be displayed for more than 30
consecutive days.
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Division VI1.
Landscaping
Sec. 142. Purpose and intent.
(a) Purpose and intent. The purpose and intent of this chapter is to protect, preserve,
and enhance the natural environment and beauty of the city by creating minimum
standards for installing and maintaining landscaping and for vegetation protection.
Landscaping that meets these standards provide the benefits listed below.
(1) Appearance. Improve and sustain the aesthetic appearance of the city.
(2) Air and water quality. Improve air and water quality by such natural
processes as transpiration and the maintenance of permeable land areas for
aquifer recharge and surface water filtration.
(3) Noise and pollution reduction. Buffer noise and reduce pollution through
the filtering capacity of living trees and vegetation.
(4) Energy conservation. Promote energy conservation through:
a. the creation of shade which reduces heat gain in or on buildings and
paved areas; and
b. the channeling and control of breezes to facilitate the natural cooling of
buildings.
(5) Soil erosion. Reduce erosion by stabilizing the soil.
(6) Habitat provision. Provide habitat for urban wildlife and a planned transition
of the city's green space and open space to the city's conservation areas.
(7) Water resources. Conserve freshwater resources through the use of
drought - tolerant plants and mulch, promoting the planting of less sod and water
efficient irrigation systems.
(8) Buffering. Provide a visual buffer between otherwise incompatible types of
land uses.
(9) Economics. Increase the economic value of land by serving as a capital asset
City of Palm Beach Gardens/Land Development Regulations
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when properly incorporated into site design.
(10) Public health, safety, and welfare. Provide for the public health, safety and
welfare.
(b) General provisions. In order to fulfill these goals, this chapter establishes the
procedures and standards listed.
(1) Procedures.
a. Procedures to evaluate new landscape plans and existing vegetation
protection plans using:
I . minimum standards for new landscape installations;
2. minimum standards for the preservation of existing vegetation;
and
3. general standards for landscape maintenance.
b. Procedures for administration and enforcement of these standards.
(2) Minimum standards. The provisions of this chapter shall be considered
minimum standards and shall apply to all development, as defined in section
Sec. 143. Violations and Penalties.
(a) Violations. Violations of this chapter shall be enforced as provided in Section 2 -238 of
this code.
(b) Failure to comply. Failure to comply with the requirements of this chapter or any
permit or approval granted or authorized hereunder shall constitute a violation of this
chapter. Each of the following shall constitute a separate violation:
(1) each square yard containing a tree, shrubbery or groundcover which is
destroyed, removed, cleared or grubbed without a permit;
(2) each tree, shrub or groundcover which is not properly installed, protected or
maintained as required by this chapter or development order; or
(3) each tree which is abused or improperly pruned or hat racked, as set forth in
this article.
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(c) Additional remedies. In addition to any other remedies provided in this chapter, the
city shall have the option of pursuing civil actions in a court of competent jurisdiction for
violation of any provision of this chapter or any special condition which may be imposed
in a permit or other development order.
Sec. 144. Approval required.
Approval required. Unless otherwise provided within this chapter, land shall not be
landscaped, cleared, or grubbed within the city unless written permission is first obtained by site
plan approval and a permit as outlined in this chapter. Furthermore, any tree, except as
provided for in this chapter, shall not be cut down, destroyed, removed, or effectively
destroyed as a result of damaging the tree or changing the natural grade within the drip line of a
tree, without first obtaining site plan approval and a permit. The city grants permission to
remove, add to, relocate, or plant vegetation on land within the limits of the city through a
procedure that requires an application and permit as described in section herein. With the
exception of sections and , property owners of developed single - family lots and
duplex lots are exempt from the provisions of this chapter. Approved landscape and tree
protection plans may not be altered in any way, unless otherwise provided for by this chapter.
Sec. 145. Application and permit required.
(a) Application and permit required. Any person applying for a site plan approval and
requesting to landscape or clear existing vegetation, grub, or remove (destroy) a tree or
in any way alter existing plant communities or alter previously - cleared land shall submit a
complete development application to the growth management director or designee.
(b) Change to approved plan. If a change to an approved landscape plan is needed by
the landowner or agent, an amendment to the development application, specifically the
landscape plan, shall be filed with and approved by the city.
(c) Application fees. Each development application and amendments, including changes
to the landscape plan, shall be accompanied by a fee imposed by the city council.
(d) Land clearing fees. Each permit for the clearing of property shall be accompanied by
a fee approved by the city council.
(e) Inspection and review. Prior to any application work or permit, the growth
management department or the city forester shall make their services available for
review or inspection of the site, provided there is at least seven working days' notice
thereof. The intent of the pre - application inspection is to identify specific areas of
concern and protection in order to plan for tree protection, relocation, grading,
drainage, building location, and road alignment prior to preparation of site plan
City of Palm Beach Gardens/Land Development Regulations
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submission.
Sec. 146. Development application.
(a) Application required. Any person who does not have a site plan or landscape plan
approval pursuant to section , and who desires to clear vegetation, plant
vegetation, grub, or remove (destroy) a tree or in any way alter a plant community or
previously cleared land shall make a written application to the growth management as
provided herein .
(b) Approval required. The actions listed below require approval from the city council
or other duly authorized city board or committee and will only be reviewed upon
submittal of a development application and other necessary information.
(1) Installation, land clearing and removal. Installation of new landscaping,
land clearing, site vegetation grubbing, or removal of trees or other vegetation
consistent with an approved site plan, planned unit development, planned
community district, or development of regional impact.
(2) Clearing and removal. Clearing, grubbing, or removing trees or plants for
the expansion of a permitted use within a particular land use or zoning district.
(3) Major amendments. Proposing or making major changes, those changes that
have been deemed not minor by the growth management director, to the
landscaping or preserve area within a previously approved site development
plan to the extent that plant quantity or design is affected.
(4) Other changes or amendments. Changing the landscape area or preserve
area of an approved site plan due to restraints, conflicts or conditions put on the
applicant or agent by the state department of transportation, a utility company or
a governmental agency with multi jurisdictional authority prior to starting work.
(c) Application evaluation. Evaluation of the development application will be based
upon the application package prepared by the property owner or designee. A pre -
application field inspection by the city forester is available. The application package shall
include, but shall not be limited to the information listed below.
(1) Application. The development application, which is available in the growth
management department.
(2) Fees. Payment of applicable fee.
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(3) Waiver. The application shall include any requested waiver, pursuant to
section _, from this chapter, in writing, with the specific section noted and a
justification of the waiver request.
(4) Location map. Location map, including but not limited to location within the
city, the nearest road, and water bodies.
(5) Vegetation and habitat map. A drawing to scale or aerial photo to scale of
the site that maps the existing terrestrial and aquatic vegetation and significant
wildlife habitat, including exotic invasive species and native plant communities at
the same scale as the site plan. This map shall also include the information listed
below.
a. Within the plant communities, the location of all three -inch caliper trees
or greater.
b. Location of large groups of trees in close proximity can be designated as
clusters within predominant communities if approximate tree count and
the largest and average caliper in the cluster is indicated on the map.
Use of plot samples to acquire this information is acceptable.
C. Description of each plant community, including species within the
canopy, understory and ground cover and a written statement to
indicate the removal, relocation or preservation of all or part of such
community.
d. Soil types and conditions.
e. Drawing to scale or aerial photo to scale that maps the species, location
or possible location of any federal- or state - listed plant or animal species
that are endangered, threatened, or species of special concern, and a
written statement to indicate the removal, relocation, or preservation of
all or part of the habitat at the same scale as the site plan. This
requirement shall be consistent with article _, pertaining to natural
resources and environmentally significant lands.
f. Features of archaeologic, historic, or geological importance found on
site.
g. Areas of previous alteration or degradation including present and past
human use, at the same scale as the site plan.
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h. Surrounding landscaping or plant communities within SO feet of the
property.
i. Protected trees, as designated by the city council, will be located on a
survey map signed and sealed by a registered surveyor. This survey will
be used in the project design to help protect the trees through the
planning stages of development.
j. Data table with specific values for acreage of each plant community,
including total upland and wetland areas before and after land alteration.
(6) Project design plan. A project design plan including the information listed
below.
a. Site plan showing existing or proposed buildings, roadways, parking
areas, utility easements, dumpster enclosures, water features, flood
control structures, backflow preventers, wellfield locations, stormwater
systems, landscaped areas, buffer areas, preserve areas and other open
space areas at the same scale as an overlay of the vegetation map. A
series of site plan or landscape plan sheets may be required in order to
indicate sufficient detail.
b. Elevation (contour) or grade maps for the existing grades and grades at
the same scale as the vegetation map. All berms, swales, detention and
retention areas shall be indicated on the landscape plan.
C. Mitigation proposals as they relate to loss of wetlands or actual occupied
habitat of endangered, threatened species or species of special concern
for plants and wildlife.
(7) Detailed landscape plan. All landscape plans except individual single - family
and duplex lots or areas of one acre or less, which are required by this article
shall be sealed by a landscape architect licensed to practice in the state or be
prepared by another licensed professional authorized to prepare landscape plans
by Chapter 481, Florida Statutes. Detailed landscape plans shall include but not
be limited to the information listed below.
a. Clearly delineated and keyed landscape areas, square footage of open
space and impervious areas, landscape materials with specifications, such
as caliper, height, species name, size and the like, and quantities to be
used.
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b. Data table including the following information: specific values for trees,
shrubs, sod, palms, and specimen tees, plants, or palms clearly
delineated and calculated open space points per 100 square feet for the
total project, and percent of open space that is preservation area. This
shall include necessary justification for why a species should be
considered a specimen.
C. Description of hardscapes, defined herein as nonliving landscape
materials, including heights, widths, type, and location of all barriers,
including but not limited to, gravel and stone, concrete, pavers, clay
products including brick, wood decks, and vertical walls and fences.
d. Landscaping requirements for signs as required in article
e. Typical plan view drawings and cross - section details of any perimeter
buffer area, road right -of -way, or parking lot landscaping.
f. Landscaping shall be shown as an overlay of the site plan including all
new trees, shrubs, grass, open areas, preservation areas and hardscapes.
All landscape plans shall depict existing trees or areas of existing
trees to be protected or relocated during construction.
2. Landscaping symbols representing new trees shall indicate the
canopy spread of the trees at the time of planting, to the greatest
extent possible.
3. A future canopy spread at five years after planting may be
depicted for illustration purposes only, and shall be a separate
landscape plan.
4. Landscaping depicted in any building elevation or rendering shall
accurately correspond to the landscape plan and shall depict the
landscaping at time of planting.
g. A narrative plan to eradicate and prevent the reestablishment of
prohibited plant species listed in subsection herein.
h. Landscape plans may be required to have typical plan view drawings
and /or cross section details of any littoral planting zones as referenced in
section herein.
i. Landscape protection measures, such as curbing and wheel stops, shall
be shown on the landscape plan.
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j. Location of all temporary trailers and sales centers.
k. Landscape plans shall indicate all overhead lighting.
I. Conceptual irrigation system plan, including main lines, backflow
preventer, and water source. Also refer to subsection herein for
more information.
(8) Alternative Landscape Improvement Plan. Applicants shall be entitled to
demonstrate more effective compliance with the intent of this article, in whole
or in part, through use of an alternative landscape improvement plan. An
alternative landscape improvement plan shall be reviewed as part of the
development review process and, if approved, shall be substituted, in whole or
in part, for a landscape plan meeting the express terms of this article.
a. The applicant shall provide an alternative landscape improvement plan
which clearly delineates and identifies the deviations from any of the
minimum landscaping standards of this article, and the landscape design
or designs that make the alternative plan better than a plan that would
meet all the requirements of this article. The alternative landscape
improvement plan shall be labeled as an "Alternative Landscape
Improvement Plan."
b. In reviewing an alternative landscape improvement plan, the city shall
give favorable consideration to exceptional landscape designs which
attempt to preserve and incorporate existing native vegetation, in excess
of minimum standards, and plans that demonstrate innovative design and
use of plant materials for foundation landscaping, to buffer incompatible
land uses, and to resolve landscape conflicts with utilities.
C. The city shall not approve an alternative landscape improvement plan if
such plan:
results in planting or preservation of fewer trees than the
minimum number required by this chapter; or
2. is not an improvement over a landscape plan prepared in strict
compliance with the other standards in this article; or
3. is otherwise inconsistent with the intent of this article to
encourage exceptional or unique landscape design.
(9) Project operations. The information listed below regarding project
City of Palm Beach Gardens/Land Development Regulations
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operations shall be provided.
a. Description of construction methodology to be performed on site,
including use, storage, handling or production of substances known to
be harmful to plants or wildlife.
b. Description of any anticipated soil, water, or air pollution produced or
generated by the project and known to be harmful to plants or wildlife.
C. Description of the project phasing. Any project that will require multiple
building permits due to the methodology or construction sequence
caused by off -site improvements, staging building by building, increasing
square footage, restructuring finances or changing market strategies will
be considered phased. There shall be a narrative and /or map depicting
the projected phasing submitted that describes when areas will be
cleared and landscaped.
d. Prior to approval and if applicable, revised site plans shall be
accompanied by a written description of all changes made since the last
site plan review.
e. After approval and prior to any city permit, the site plan shall have all
conditions of approval located on the site plan, and this information will
be available on the site during construction. A reduced copy shall be
provided to the city clerk's office for attachment to the respective
ordinance or resolution documents.
Sec. 147. Construction Plan Review.
(a) Landscape plan required. Any person applying for a building permit or requesting
review and approval of a construction plan that is based on a city- approved site plan or
any other plan which contains landscape improvements shall submit a landscape plan
and irrigation plan with the construction documents for a building permit.
(b) Conceptual plans prohibited. Landscape and irrigation plans submitted as part of a
building permit application shall not be conceptual in nature. Plans submitted shall be
final plans, to be utilized for construction and installation of landscaping, irrigation, and
related improvements.
(c) Utility services. Landscape plans shall indicate locations of all water, sewer, cable,
electric, telephone, drainage, including catch basins and detention or retention areas, or
other above ground or underground service. Backflow preventers, transformers, gas
City of Palm Beach Gardens/Land Development Regulations
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lines, all underground tanks and similar types of equipment that conflict with the
installation of landscaping shall be indicated on the landscape plan.
(d) Easements encroachment. If utility or drainage easements are publicly recorded,
prior to construction plan permitting, they shall be indicated on the landscape plan.
Otherwise, a maximum of five feet of a required buffer may be overlapped by a utility
easement or encumbered by a utility not in an easement, provided that a minimum of
five feet of the required buffer remains free and clear of any overlap for the plant
material installation.
(e) Approval for easement encroachments. Utility or drainage easements that
overlap or transverse buffers and any other open space containing landscaping may be
permitted with written permission of the easement holder, prior to construction plan
approval.
(f) Minor landscape plan changes. If for any reason minor changes, as defined in
section of this article, occur in the landscape plan submitted for a building permit,
an administrative approval shall be required. Minor landscape plan changes should not
affect the permitting of a project. Major changes could delay a building permit
application or require formal approval by the planning and zoning commission or the city
council, as determined by the growth management director or designee.
Sec. 148. Administrative approval.
(a) Permitted administrative approvals. The following actions may be approved by
the growth management director or designee upon request for a permit. Administrative
approvals may include conditions of approval, as deemed necessary to meet the intent
of a development order.
(1) Clearing and grubbing. Clearing, grubbing, root pruning, or removal and
relocation of trees or other vegetation pursuant to an approved site plan or
other development order. Vegetation clearing will not be permitted until a land
clearing permit is issued and the permit fee is paid.
(2) Removal and replacement. Removing and replacing dead, diseased,
damaged, or insect- infested vegetation, including trees.
(3) Hazards. Removing or relocating vegetation, including trees, that are a hazard
to existing buildings, utilities, infrastructure or within a road right -of -way.
(4) Health and safety threats. Removing vegetation, including trees that may
cause a health or safety problem.
City of Palm Beach Gardens/Land Development Regulations
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(5) Minor alterations.
a. Minor alterations or changes to approved landscape plans, or minor
alterations to existing landscaping if an approved landscape plan is not on
file with the city, within all districts to improve or remove proposed or
existing landscape. Minor alterations shall be defined as a change of
type, quantity, or location that affects not more than a combined total of
25 percent of shrubs, groundcover, palms, or trees on a site.
b. Developers shall submit construction plans that are consistent with the
approved landscape plan of record. The city recognizes that
adjustments to approved landscape plans may be necessary, due to
changes to utility locations or due to plant material availability. Minor
changes, as described above, shall be approved by the growth
management director or designee and properly documented in city
records.
(6) Fences. Installations of fences, if no expansion of an existing or proposed use is
intended.
(7) Temporary landscaping. Temporary landscaping, considered as landscaping
other than what was originally approved, if such installation does not result in the
removal of native vegetation.
(8) Exotic vegetation. Removal of exotic vegetation, including prohibited
species.
(b) Verification required. Verification of proper landscaping installation shall include the
following:
(1) species, including quality, type, quantity, and any other original plant
specifications;
(2) design or location;
(3) irrigation; and
(4) all other landscape structures and material used in accordance with the site plan.
(c) Review. The city's landscape inspector will review the project for compliance after the
City of Palm Beach Gardens/Land Development Regulations
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documentation has been received from the landscape architect.
(d) Deviation. Any deviation from the approved landscape plan will be relayed to the
growth management director or designee for further review prior to the issuance of the
certificate of occupancy. If landscape plan deviations cannot be corrected prior to the
issuance of a certificate of occupancy, a letter of credit or bond shall be posted by the
owner, general contractor, or principal for the remaining work to be accomplished.
Sec. 149. Compliance.
Violation. Failure to install, maintain, or preserve landscaping or native vegetation required in
accordance with the terms of this article shall constitute a violation of this code.
(1) Failure to comply. If the owner, tenant, or agent, including owner
associations, shall fail to meet the requirements of this article, or if the existing
trees, shrubbery, grass, or ground covering shall be permitted to die, either
intentionally or unintentionally, and such materials are not replaced within 30
days of the event, the city forester or a code enforcement officer shall notify, in
writing, the person responsible for the maintenance or replacement of such
property of the need to comply with the requirements of this section within 30
days from the date of delivery of the notice.
(2) Extensions. The 30 -day rule for compliance may be extended when
necessary by the city manager or his designee to recover from acts of nature
such as a hurricane or a freeze.
(3) Relocation or replacement. The plan approved to remedy any violation of
this article shall require that landscaping or habitat be replaced or relocated
where practicable or feasible to comply with all requirements herein.
Relocation or replacement shall comply with the standards listed below.
a. Trees having a three -inch or greater caliper which are to be replaced on
the same site shall be replaced by the sum of three caliper inches to
every one lost. Replacement trees shall be a minimum of three inches
in caliper.
b. The city may require that trees having a three -inch or greater caliper be
relocated elsewhere on site or, if not practicable or feasible as
determined by the approval entity, to be replaced on the same site by
trees, the sum of whose calipers are equivalent to three times the
caliper of the tree being removed.
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C.
If the site cannot support the total number of required replacement
trees as determined herein, the city may permit the owner to:
donate excess trees to the city for planting on public lands at the
owner's expense;
2. contribute to the city the monies equivalent to such required
replacement trees; or
3. permit the required replacement trees to be placed upon other
lands owned by the same property owners.
Replacement trees shall have shade, environmental, or aesthetic qualities
comparable to or better than the replaced trees.
Sec. 150. Performance bond.
Performance bond permitted. The building division may enter into an agreement with the
developer, the owner, or owner's agent that will allow issuance of the certificate of occupancy
before the landscape installation required by this article is completed, provided that a
performance surety or guarantee shall be posted. The guarantee shall consist of a performance
bond or other surety agreement approved by the city attorney in an amount equal to 110
percent of the direct costs of materials and labor, and other costs incidental to the installation of
the required landscaping as certified by the landscape architect. The guarantee shall specify the
time for the completion of the landscaping requirements, and shall be accompanied by a site
plan identifying the plant material covered by the surety.
Sec. 151. Appeal.
Procedure. Any person, property owner, agent, or representative thereof, aggrieved by a
decision of the building division, growth management department, code enforcement officer, or
planning and zoning commission, in the enforcement of any terms or provisions of this article,
may appeal to the city council.
(1) Period for filing appeal. The appeal shall be filed in writing within 15 days
after the date of the decision with the city manager, with a copy to the city clerk.
(2) Form of appeal. The written appeal shall set forth concisely the nature of the
appeal and the reasons or grounds for the appeal.
(3) City council decision. The city council shall hear and consider all facts
material to the appeal and render a decision promptly. The City Council may
affirm, reverse, or modify the decision being considered on appeal.
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(4) Further appeals. An appeal may be made to the circuit court from any final
decision of the city council, provided the appeal shall be filed within 30 days
from the date of the decision.
Sec. 152. Variances and waivers.
(a) Variances. An applicant submitting a landscaping plan or landscape plan amendment
for a site that is not within a planned unit development or planned community district
and that does not meet the minimum standards of this chapter shall submit a variance
application for review by the board of zoning appeals pursuant to article _. The
board of zoning appeals shall consider the variance application before the site plan
application or other development order application is considered for approval.
(b) Waivers. A waiver of one or more requirements of this division may be granted by the
city council for any PUD or PCD. The request shall be considered pursuant to waiver
provisions applicable to a PUD or PCD.
Sec. 153. Land Clearing Permit.
(a) Issuance. The city shall not issue a permit for land clearing until:
(1) the property owner has submitted a building permit application to the city for
paving and drainage or other infrastructure improvements, at a minimum, or
unless otherwise approved by the growth management director, and
(2) all tree protection work has been satisfied pursuant to this article.
(b) Phasing. Permits for land clearing may be phased, depending on the project design.
(c) Conditions. Permits for land clearing may have conditions of approval imposed by the
city.
Sec. 154. Minimum landscape requirements for nonresidential development.
(a) Minimum open space requirements. The minimum open space requirement for
all new nonresidential development shall be 15 percent, or a greater amount if required
by the these land development regulations.
(b) Minimum landscape requirements. Not more than 40 percent of the total
landscape area shall be covered with sod or grass Those projects proposing
playgrounds, ballfields, golf courses, dry detention areas or similar uses may subtract the
open space square footage of these grassy areas from the landscape area calculation for
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 262
lai
a corrected total.
Minimum landscape points. Tables
and shall be used to determine the
minimum landscape points per open space a project shall be required to provide.
Achieving the minimum open space landscape point requirement does not exempt a
project from compliance with other requirements of this chapter.
Table
Minimum Landscape Requirements - Nonresidential Development
% Open Space
Provided*
Points per
100 Square
Feet
< 15%
22
16%
21
17%
20
18%
19
19%
18
20%
17
21-22%
16
23-24%
15
25-27%
14
28-29%
13
30-32%
12
33-34%
11
35-39%
10.5
40-49%
9.5
50-59%
8
> 60%
7
Notes
*Example: 15% project open space requires 20 points/ 100 square feet
< = Equal to or less than > = Equal to or greater than
City of Palm Beach Gardens/Land Development Regulations
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Notes
Table
Required Landscape Installation Points Chart
(1) Preferred and coastal species are listed in the City's "Landscape Work Manua /."
(2) Abused trees, as determined by the City Forester, shall not count toward required
points.
(3) Coastal areas shall be planted with 90% native species as listed in PBG Preferred Tree
Species list.
�k= Justification to be provided consistent with definition.
DBH= Diameter at Breast Height.
PBG= Palm Beach Gardens.
< = Less Than.
> = Greater Than.
W/= With
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 264
1 19
Ca e YM 1,
Specimen Trees*
725addkional ional
Specimen Plants�k
ional
Specimen Palms*
Native Trees - 5 Inches DBH
20 plus I point for each inch
>5 DBH
Trees w/I 2 foot minimum height
15 plus I point for each foot
(minimum of 75% from PBG Tree
> than minimum
Species List) (See Notes I, 2 & 3)
Trees not on PBG Preferred List of Tree
Species or < 12 foot minimum height
5
PBG Preferred Palms Species List
3.3 points plus I point for
w /minimum 8 feet of dear trunk
each foot of clear trunk > 8
feet
Palms not on PBG Preferred Palms
Species List or less than 8 feet of clear
I
trunk
Al Shrubs (minimum of 75% from PBG
Preferred Shrub Species List)
I
Al Ground Cover (minimum of 75%
2 points per ten (10) square
from PBG Preferred Ground Cover
feet
Species List)
Grass
.25 (1/4) points per 10
square feet
(1) Preferred and coastal species are listed in the City's "Landscape Work Manua /."
(2) Abused trees, as determined by the City Forester, shall not count toward required
points.
(3) Coastal areas shall be planted with 90% native species as listed in PBG Preferred Tree
Species list.
�k= Justification to be provided consistent with definition.
DBH= Diameter at Breast Height.
PBG= Palm Beach Gardens.
< = Less Than.
> = Greater Than.
W/= With
City of Palm Beach Gardens/Land Development Regulations
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(d) Specimen trees. Specimen trees shall be considered existing native trees in good
health and 13 inches at diameter at breast height (DBH) or larger, or trees at least 25
percent of the DBH for the respective champion tree in the state.
(1) Minimum protection requirements. A minimum of 25 percent of all
specimen trees are to be protected in place or relocated on site.
(2) Exception. This requirement shall not apply if a planned upland preserve is set
aside, pursuant to article , or as provided below.
a. A specimen tree or trees may be substituted with replacement trees on
site, or replacement trees may be donated to the city. The minimum
replacement shall be the sum of three caliper inches for every caliper
inch of a specimen tree that is to be removed. Donated trees shall be
planted by the donor and guaranteed by the donor, in a written
agreement or by a surety bond, for 180 days.
b. An applicant may remove a specimen tree or trees if a contribution of
the equivalent value of the replacement tree or trees, as calculated in
paragraph (d) above, is made to a city beautification account. The value
of the tree replacement shall be determined by averaging cost estimates
from two landscape architects or similar professional; one selected by
the applicant and one selected by the city. The applicant shall pay the
fees for both cost estimates. The city's beautification and environmental
committee shall advise the city council on the expenditure of these
monies. These funds shall be used for tree programs on public lands.
(e) Screening required. The following uses within nonresidential developments shall be
required to be screened from public view:
(1) backflow preventer systems;
(2) trash or dumpster containers, compactors, recycling containers, and similar
types garbage and refuse disposal equipment;
(3) storage or mechanical equipment areas;
(4) outside display or sales areas;
(5) parking areas;
City of Palm Beach Gardens/Land Development Regulations
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(6) service bays; and
(7) satellite dishes mounted on the ground.
(f) Landscaping required. The following uses within nonresidential developments shall
be required to have landscaping, as required herein.
(1) vehicular use areas;
(2) building foundations excluding rear areas not visible by a public road right -of -way
or not generally traveled by the public or visible from adjacent structures;
(3) signs, as required by article ;
(4) multilevel parking garages;
(5) berms or perimeter walls;
(6) temporary trailers and sales centers, excluding construction trailers.;
(7) swales, ditch banks, including any transition between land and a water body and
littoral zones, in accordance with all applicable rules of the South Florida Water
Management District, the Northem Palm Beach County Improvement District
and the Palm Beach County Department of Engineering and Public Works; and
(8) littoral planting zones.
(g) Planting in swales and maintenance areas. Trees and shrubs shall not be planted
in swale areas and in maintenance easements for canals.
(h) Redevelopment and nonconforming projects.
(1) Alternatives. Redevelopment projects or nonconforming projects unable to
meet the point system or open space requirements of section may utilize
the altematives contained herein.
(2) If a redevelopment or nonconforming project is subject to a development order
amendment, required landscape points may be:
a. transferred to other public lands, parks, road, road rights -of -way or
other similar public space, up to a maximum of 25 percent reduction of
points per 100 square feet; or
City of Palm Beach Gardens/Land Development Regulations
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b. an assessment of $25.00 per point can be contributed to the city's
beautification account by the applicant.
Sec. 155. Minimum landscape requirements for residential development.
(a) Minimum open space. The minimum required open space in residential districts
shall be 35 percent of the entire site. Those projects proposing playgrounds, ballfields,
golf courses, dry detention areas and similar uses may subtract the open space square
footage of such areas may be excluded when required open space is calculated.
Landscaping shall be achieved with a combination of trees, shrubs, ground cover, grass
or sod, and nonliving landscape material. One hundred percent of all open space shall
be landscaped. A minimum number of points per 100 square feet of open space shall
be required as indicated in Table _, based on the amount of open space for
landscaped areas within common or publicly dedicated open space.
Table
Minimum Landscape Requirements -
Residential Development
°oOpe .Space
,Providedk Y
Rb nW00 p
SquareFeet
< 35%
Not Allowed
35-44%
10
45-54%
9
55-64%
8
65-75%
7
> 75%
None
Notes
*Example: 35 - 44% project open space requires
10 points/ 100 square feet.
< = Less Than.
> = More Than.
(b) Required screening. The following uses within residential developments shall be
required to be screened with landscaping:
(1) parking areas;
City of Palm Beach Gardens/Land Development Regulations
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(2) berms and perimeter walls;
(3) lift stations;
(4) cable television, telephone or other ground - mounted utility equipment or
service boxes;
(5) backflow preventers, ground- mounted air conditioning units;
(6) RV parking areas;
(7) boat storage areas;
(8) maintenance and storage areas;
(9) dumpster or trash pickup areas; and
(10) temporary trailers and sales centers, excluding construction trailers.
(c) Point values. Trees and plants shall have the same point value as is specified in Table
2. herein. In addition to the landscaping required in section _ herein, the same
requirements for protecting existing trees outlined in sections _ through _ shall
apply in this section.
(d) Minimum requirements for single - family and duplex residences. Single- family
and duplex lots will have a minimum of one tree or two palms and six shrubs per 1,000
square feet of open space or fraction thereof. A shade tree from the city's preferred
tree list is required as a street tree, located within the road right -of -way or within 15 feet
of the property line. Street trees are to be replaced if removed for any reason by the
landowner.
(e) Credit. Trees located on the property required to be preserved by any other code or
section may be used to satisfy requirements within this section. The trees are to be
protected during construction in a manner consistent with standard practices and
acceptable to the city forester.
Sec. 156. Landscaping for vehicular parking areas.
(a) Minimum spacing. The minimum shade tree spacing for interior parking areas shall
be such that the center of any parking space is not more than 40 feet from the center of
the shade tree. A shade tree may be replaced by a minimum of three palms clustered
City of Palm Beach Gardens/Land Development Regulations
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together, as long as the affected parking bays are more than 50 feet from a public
street.
(b) Landscape islands. A landscape island shall be required for every nine (9) parking
spaces located in a row.
(c) Minimum size for landscape areas. The minimum landscape area shall contain no
dimension less than five feet in width, measured from the inside of the curb. There shall
be no landscape area smaller than 25 square feet. Landscape areas within interior
parking areas may be reduced if the areas shall constitute an obstruction in use of a
building structure, providing the reduced square footage is relocated so as to emphasize
entrance corridors or special landscaped areas within the general parking area. See
Figure
(d) Protection of landscape areas. Al landscape areas, except in fee simple residential
lots, shall be protected by curbs or wheel stops from vehicular encroachment and from
the damages caused by vehicles overhanging into landscape areas. Landscaping, except
grass, shall be required to be at least two feet six inches from the edge of the wheel stop
or curbing. The curbing shall be at least six inches in height above grade.
(e) Overhang areas. Vehicle parking areas designed to permit vehicles overhanging into
landscaped areas shall not be permitted to count the first two feet six inches of landscape
area as open space.
(f) Hedges. The perimeter of vehicle use areas, including driveways to parking lots, shall
include a continuous hedge that is maintained at a minimum of three (3) feet at maturity.
(g) Multilevel parking garages. Multilevel parking garages shall have planters adequately
designed to be installed and to permit trees to live on the top level. These areas shall
apply toward the required points per open space. The top parking area shall have trees
as required in subsection _ herein.
(h) Grass parking. Grass parking shall be required to meet the same standards as
outlined in subsections I , and herein.
(i) Maintenance. Regular maintenance of vehicular use areas adjacent to all landscape
areas shall include replacement of broken curbs or curb stops as needed to keep the
general appearance in good condition and safe.
(j) Visibility triangles. When a point of driveway or other point of ingress or egress
intersects a public right -of -way or when the subject property abuts the intersection of
two or more public rights -of -way, all landscaping within the areas described in
City of Palm Beach Gardens/Land Development Regulations
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subsections (a) and (b) of this section shall allow visibility between 30 inches above the
established grade and six feet above the established grade. However, trees or palms
shall be permitted such area, provided they are trimmed so as to allow visibility at the
levels indicated in above, and further provided the palms or trees are located so as not
to create a traffic hazard. This visibility area shall be provided as indicated below.
(1) Intersection with public right -of -way. The area of property on both sides
of a driveway formed by the intersection of each side of the driveway and the
public right -of -way line for a distance of 15 feet in length and five feet in width
along the public right -of -way.
(2) Intersections of rights -of -way. The area of property located at a corner
formed by the intersection of two or more public rights -of -way with two sides
of the triangular area being 20 feet in length along the abutting public rights -of-
way measured from their point of intersection and the third side being a line
connecting the ends of the other two lines.
Sec. 157. Preserve areas.
(a) Credit for existing vegetation. All plants, including trees, shrubs, and ground cover
within a preserve area that meet or exceed the minimum landscape requirements as set
forth in this article can be counted toward the points per open space required to meet
landscape requirements as provided herein.
(b) Minimum width. The minimum width of a preserve area to be used to meet
landscape requirements shall be 25 feet.
(c) Screening. The preserve area may screen any area that requires screening with the
same minimum planting requirements as does new landscape material as required
herein. Infilling new vegetation within preserve areas or around preserve areas shall be
required if existing vegetation does not provide required screening. Infilling or
installation of additional material within preserves shall be accomplished by relocating
existing on -site native plants or adding appropriate new native plants to the voids or bare
areas of the preserve to accomplish the required screening.
(d) Irrigation. Irrigation is not required within preserve areas. The area shall be
preserved in such a way that the transition of new landscaping or open space to existing
vegetation duplicates nature. The preserve area shall not be adversely impacted by
surrounding drainage or elevation changes resulting from or caused by development.
(e) Maintenance. Preserve areas shall be maintained or managed with the same
standards set forth in section , except there shall be no pruning of vegetation or
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 270
trees within preserve areas without written approval from the city forester. Preserve
areas shall be cleared and kept clean of any exotic plants including, but not limited to
melaleuca, brazilian pepper, and australian pine.
(f) Construction prohibited. There shall be no construction within preserve areas
unless otherwise approved during site plan approval.
(g) Walls or barriers. Walls or other barriers shall not be constructed in such a manner
that impedes or restricts the function of preserve areas that also act as habitat corridors
or pathways, unless otherwise approved during site plan approval.
(h) Replacement. Trees and shrubs used to meet landscape requirements that die within
preserve areas shall be replaced once it is determined by the city that landscape
screening requirements have dropped below minimum standards.
(i) Violations. Code enforcement regulations shall apply to preserve areas that are used
to meet landscape requirements.
(j) Minimum separation. In an effort to create a safe zone for protection from a wild
fire, structures shall be no closer than 10 feet to a preserve area, as defined in article
Sec. 158. Tree replacement during construction.
Replacement required. During construction, all required landscaping that dies shall be
replaced with the same species within 30 days or before issuance of the certificate of occupancy.
The minimum replacement specifications will be one for one at the minimum size standard set
forth in the approved landscape plan. Trees that die during construction shall be replaced with
the same species within 30 days or before issuance of the certificate of occupancy. The
minimum replacement specifications and minimum size standard is set forth in section
Sec. 159. Prohibited plants and
invasive nonnative Revised per Staff discussions.
plants.
(a) Planting prohibited. Prohibited plants shall not be planted anywhere in the city, and
in some cases must be removed. The official list of prohibited plant species, species to
be removed, and species that may remain if planted is provided in Table
Table
Plant Species Prohibited or Required to be Removed
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 271
Common Name
Scientific Name
Shall not be Planted
and Must Be
Removed
Not be Planted --
But not Required
to be Removed
Air potato vine
Dioscorea bulbifera
✓
Australian pine
Casuarina spp.
✓
Banyan
Ficus bengalensis
✓
✓
Bischofia
Bischofia javanica
✓
Brazilian pepper or
Florida holly
Schinus
teribinthifolius
✓
Carrotwood
Supaniopsis
anacardioides
✓
Cat's claw
Minosa pigra
✓
Chinese tallow tree
Sapium sebiferum
✓
Cork tree
Thespesia populnea
✓
Downy rose myrtle
Rhodomyrtus
tomentosus
✓
Earleaf acacia
Acacia
auriculiformis
✓
Jasmine
Jasminum
dichotomum
✓
Java plum
Syzygium cumini
✓
Kudzu
Pueraria montana
✓
Leather leaf
Colubrina asiatica
✓
Lofty fig
Ficus altissima
✓
Mahoe
Hibiscus tiliaceus
✓
Melaleuca
Melaleuca
quinquenervia
✓
Schefflera
Schefflera
actinophylla
✓
City of Palm Beach Gardens/Land Development Regulations
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Shoebutton ardisia
Ardisia solanaceae
✓
Small -leave
climbing fern
Lygodium
microphyllum
✓
Woman's tongue
Albizia lebbeck
✓
(b) Removal. Upon issuance of a building permit, a property owner shall remove or cause
to be removed the plant species listed in Table _. Certain existing prohibited plants
shall be removed or be allowed to remain in place as provided in Table
(c) Certificates of occupancy. A certificate of occupancy or other official acceptance of
completed work shall not be issued for development until verification is provided,
through inspection by the city forester or by certification by a state- licensed landscape
architect, that all required removal of prohibited plants or invasive nonnative plants has
been completed and is in accordance with the development plan or phasing plan, and
permit conditions. The eradication of prohibited plants and invasive nonnative plants, as
applicable, shall be completed prior to the final landscape inspection.
(d) Use of ficus species. Ficus species may be planted as individual trees or hedge
material, subject to the standards listed below.
(1) Location. Individual ficus spp. trees shall not be planted within 15 feet of any
public road right -of -way or other public utility.
(2) Hedges. Ficus spp. hedges shall be regularly maintained, shall be of cold -
tolerant variety, and shall not exceed eight feet in height.
Sec. 160. Minimum landscape buffer and planting requirements.
(a) Minimum buffer required. A landscape buffer shall be a minimum of eight (8) feet in
depth around the perimeter of a parcel. However, additional buffer depth shall be
provided as indicated below:
(1) a minimum landscape buffer of 15 feet in depth shall be required on lands
located adjacent to public street rights -of -ways and railroad rights -of -way that
are less than 100 feet wide;
(2) a minimum landscape buffer of at least 20 feet in depth shall be required on
lands located adjacent to public street and railroad rights -of -way that are 100
feet wide or greater; and
(3) a minimum landscape buffer of at least 25 feet in depth shall be required on
lands located adjacent to Interstate 95 or the Florida Turnpike.
City of Palm Beach Gardens/Land Development Regulations
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(b) General. The following general standards shall apply to all landscape materials installed
within a landscape buffer.
(1) Mature height. Vegetation, especially trees and palms, should be planted
taking into consideration the mature height and spread of the species.
(2) Areas prohibited in landscape buffers. Stormwater detention or
retention areas, and lake maintenance easements shall not be located within
landscape buffers.
(3) Spacing. The maximum spacing of planting trees shall be 60 feet along any
perimeter buffer so long as all point requirements have been met.
(4) Preferred plant installation. A minimum of seventy -five percent (75 %) of
the total quantities of trees and plants shall be included within the preferred plant
list, as provided in the city's "Landscape Work Manual." Coastal areas as
designated by the comprehensive plan shall be required to have 90 percent
native species.
(5) Storage and garbage collection sites. All outside storage and trash or
garbage collection sites shall be completely screened from view, utilizing any
approved combination of hedge a minimum of three (3) feet in height, structural
barriers, berms or any combination thereof to 100- percent screen the area
from view.
(6) Service areas. Service areas of nonresidential buildings, when visible from the
street right -of -way or adjacent residential land use, shall have barriers and a
hedge at a minimum of six feet in height to screen the service area from this use.
Service areas may include interior or exterior work bays associated with full
service gas stations, tire repair, auto repair business, as well as any business
proposing loading or unloading docks.
(7) Backflow preventers. Backflow preventer systems shall be screened from
public view, utilizing any combination of trees, palms, hedges, or other barriers
as approved by the growth management director.
(8) Total landscaping points. Achieving the total points per open space for an
entire project within one or more areas does not exempt one from complying
with all other requirements, even if that means exceeding the minimum
required total points per open space. 0
(9) Signs. Landscaping around ground signs is required and shall be provided
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 274
pursuant to section
(10) Advertising. At no time shall a landscaped area be used for advertising display
or sales, unless specifically approved by the city.
Sec. 161. Foundation landscaping and plantings.
Plantings required. Foundation plantings for nonresidential buildings shall be installed as
provided herein.
(a) Location, purpose, and general standards.
(1) Location. There shall be foundation landscaping within ten (10 ) feet of all
buildings and structures.
(2) Purpose. The location and size of this foundation landscaping shall be of a
height and quantity to visibly soften bare walls, accent building facades, and help
direct pedestrian traffic to building entrances.
(3) Irrigation. Al foundation areas shall be irrigated and of the appropriate size to
accommodate the mature size of the vegetation to be planted.
(4) Minimum standards. The minimum standards for foundation landscaping
shall be determined by the building height and function, and as set forth below.
Building foundation landscaping may be reduced or eliminated by action of the
city. Street trees or road right -of -way landscaping cannot be eliminated without
city approval.
a. The foundation planting area for a one -story building shall:
be at least five feet wide, unless foundation landscaping would
interfere with the intended use and function of a building; and
2. extend along the portions of a facade that directly abut a parking
area or vehicular use area, excluding entryways, doorways or
other building improvements, as determined by the city.
b. The foundation planting area for a building of two or more stories shall:
be not less than 30 percent of the height of the adjacent wall;
and
2. extend along the portions of a facade that directly abut a parking
or vehicular use area, excluding entryways, doorways or other
building improvements, as determined by the city.
City of Palm Beach Gardens/Land Development Regulations
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C. At least one shade tree or palm cluster shall be installed for each 30
linear feet, or fraction thereof, of facade width. A minimum of one tree
per facade shall be planted, and the remainder of the landscape area
shall be treated appropriately with plantings and pedestrian accessways.
Trees and palms shall be of an installed size relating to the height of the
adjacent wall or facade, as indicated in Table _
Table
Minimum Foundation Planting Dimensions
d. The tree heights in this section are minimum tree heights and the palm
heights are minimum palm cluster heights. As the minimum tree and
palm cluster height increases, some smaller trees or palms may be
allowed, as opposed to all trees or palms being a minimum size.
Sec. 162. Minimum Landscape and Hardscape Standards.
(a) Minimum landscape standards. All landscape installed shall meet the requirements
of Table and as otherwise provided herein.
Table
Minimum Landscape Requirements
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 276
� �a11G4He�ght�
fM�mmum;Tree ?
� N��nimum
_
Palm Height
f;Helghtp
�..
< 15 feet
12 feet
12 - 14 feet
15 - 25 feet
14 feet
14 - 18 feet
>25 - 35 feet
16 feet
18 - 22 feet
> 35 feet
18 feet
22 - 28 feet
d. The tree heights in this section are minimum tree heights and the palm
heights are minimum palm cluster heights. As the minimum tree and
palm cluster height increases, some smaller trees or palms may be
allowed, as opposed to all trees or palms being a minimum size.
Sec. 162. Minimum Landscape and Hardscape Standards.
(a) Minimum landscape standards. All landscape installed shall meet the requirements
of Table and as otherwise provided herein.
Table
Minimum Landscape Requirements
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 276
Plant Material
Minimum Size at
Other Installation
Planting
Requirements
Trees
12 feet with a
■ Planted per approved landscape
minimum crown of
plan.
five (5) feet. (1)
075% of required trees shall be
native species or selected from city's
preferred plant list.
090% of required trees for sites in
coastal areas shall be native species or
from city's preferred plan list.
Palms
8 feet when used for
Three (3) palms equals one required
required buffer or
canopy tree.
parking purposes.
(2,3)
Hedge Shrubs
30 inches.
Planted not more than 24 inches on
center.
Vines
60 inches trellis length
with three (3) or more
Attached to support. (4)
live runners at
planting.
Notes
(1) Measured from grade to average end of branches, not the tallest of one or two
branches and a minimum crown of five (5) feet.
(2) Measured as grey trunk height.
(3) Palms not classified as specimen palms and planted in perimeter buffer areas shall
be installed in groups of not less that three.
(4) Support shall be provided consistent with sound horticultural practices to
encourage future growth.
(b) Lawn grass. Lawn grass shall be solidly sodded, unless otherwise approved in the
landscape plans. Lawn grass shall not be allowed to grow higher than six inches in
height. Sod shall not be placed closer than 18 inches from the trunk of a tree.
Sec. 163. Hardscape and nonliving landscape materials installation
requirements.
(a) Use of perimeter walls and fences. Perimeter walls, metal or wood fences, or
other nonliving landscape materials may be used in conjunction with vegetation to meet
required landscaping. Approved walls or fences shall be set back from property lines
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 277
sufficiently to include landscape on the outside of the wall or fence. Maintenance of the
wall or fence and associated landscaping by the property owner is required. If nonliving
barriers are used, 50 percent of the barrier shall be covered or screened by vegetation
on the street side along public rights -of -way and interior perimeter areas visible to the
public.
(b) Berms. Earth berms may be used only when installed in conjunction with sufficient
plant material which shall be installed and spaced to satisfy the requirements of this
article. The slope of a berm shall not exceed a ratio of 3:1. Earth berms may not be
installed over underground public utilities without written consent from all applicable
utility companies.
(c) Mulch. All tree and shrub beds shall receive at least three inches of mulch. Mulch shall
be temporarily applied to areas not immediately covered by ground cover. Where
mulch is intended to be installed permanently, it shall be renewed and maintained at
three inches of depth. Mulch will be thoroughly wet at the time of application to
prevent wind displacement.
(d) Pavers. The use of pavers or similar impervious material, excluding sidewalks, shall not
exceed thirty percent (30 %) coverage of an open space area, and shall not be wider
than 12 feet if used in a required landscape buffer area.
(e) Palms. Nonspecimen palms planted in perimeter buffers shall be installed in groups of
no less than three, and shall receive planting credits or points as provided in section
Sec. 164. Soil erosion.
Control. Soil erosion shall be controlled and held to a minimum during all development
activities. Areas in which vegetation or ground cover has been allowed to be removed pursuant
to an approved site plan and subsequently abandoned for any reason for more than six months
shall be seeded with a ground cover or grass immediately upon request by the city, or the city
shall have the work done at the owner's expense.
Sec. 165. Landscaping in public road right -of -way.
(a) Intent. The city's intent is to beautify all public road rights -of -way. Therefore,
landscaping and irrigation shall be required in public road rights -of -way, including
medians and road shoulders, adjacent to all new development. Maintenance of
landscaped rights -of -way shall be the responsibility of the project's property owner or,
as agreed upon in the development order approving the project, by special districts
created for unified maintenance.
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(b) Landscape plans. Landscape plans for rights -of -way shall be submitted by the
applicant and approved with each project. Landscaping and landscape maintenance shall
be in accordance with state and county traffic engineering standards. Landscape plans
shall be based on the final roadway configuration, but may be of a temporary design.
Installation of required landscaping and irrigation occur shall be prior to the last certificate
of occupancy for the adjacent development, unless otherwise approved by the city
council.
(c) Design and installation. Roadway landscaping shall be designed and installed with
characteristics similar to the nearest existing roadway beautification project, or using the
landscape theme provided in section , or using a landscape plan previously
approved by the city for a particular road. The same landscape theme shall be used in
all four quadrants of any intersection.
(d) City approval. City approval is required for all landscaping or other improvements
within public rights -of -way in the city.
Sec. 166. Enforcement.
Enforcement. The code enforcement board is granted jurisdiction for enforcement of this
article.
Sec. 167. Exemptions.
(a) Nurseries. All licensed plant or tree nurseries or tree farms shall be exempt from the
terms and provisions of this article, but only with respect to those trees planted and
growing which are for sale or intended sale to the general public in the ordinary course
of the licensee's business. The buildings and parking lots shall adhere to all requirements
of this division.
(b) Surveyors. The limited removal of understory vegetation by a state- licensed land
surveyor in the performance of duties is exempt from the terms and provisions of this
article. The swath cleared to perform such shall not exceed five feet in width. The
surveyor shall not have the right to cut a tree three inches in diameter or greater
without written consent from the city.
(c) Emergencies. The requirements of this article may be waived by the city manager to
facilitate the removal of trees or vegetation when a state of emergency has been issued
for the city.
(d) Soiling borings and percolation tests. The clearing of a path to provide vehicular
access necessary to conduct soil percolation or soil bore tests on land is exempt from
City of Palm Beach Gardens/Land Development Regulations
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the terms and provisions of this article. However, the path shall not to exceed ten feet
in width. The clearing or removal necessary to create the path shall be conducted
under the direction of a state- registered surveyor or engineer.
Sec. 168. Tree and plant installation.
(a) Minimum plant quality. Plant quality for all required landscaping shall be Florida No.
I or better, as provided in Grades and Standards for Nursery Plants, Part I and Part II, as
amended, as published by the Florida Department of Agriculture and Consumer
Services. An alternative landscape improvement plan, as permitted by this article, may
propose to use plant materials that do not meet the Florida No. I or better standard in
order to relocate trees, create a transition area between landscaped areas and preserve
areas, or for design effect. All vegetation shall be clean and free of noxious pests or
disease.
(b) Preferred species list. A preferred species list shall be prepared by the city,
periodically revised, and distributed to the public upon request. This species list shall, to
the greatest extent possible, represent plants that are:
(1) drought tolerant;
(2) adapted to cold weather;
(3) commercially available;
(4) native or naturalized;
(5) noninvasive and not destructive to native plants; and
(6) strong wooded, and not brittle.
(c) Installation. All landscaping shall be installed with sound workmanship and sound
nursery practices in a manner that will encourage vigorous growth.
(d) Root barriers. The city shall require root barriers for trees planted within 15 feet of
any road right -of -way, sidewalk, or utility. The intent of this requirement is to protect
infrastructure, including sidewalks, from street trees shown on approved plans and from
trees that are known to create root problems in South Florida. An applicant for a
building permit may provide written justification to waive the requirement for root
barriers. Such waivers shall be approved or denied administratively by the growth
management department. Waivers that are denied may be appealed to the Board of
Zoning Appeals.
City of Palm Beach Gardens/Land Development Regulations
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Sec. 169. Pruning.
(a) Application. The pruning standards in this article shall apply only to all nonresidential
uses and to common areas in all planned developments and within developments of
regional impact.
(b) Crown reduction. Crown reduction of shade trees shall be prohibited until the tree
canopy has reached at least 15 feet in diameter, excluding the following:
(1) to remove limbs or foliage presenting a hazard or in conflict with a crime
prevention program;
(2) to remove dead or diseased limbs;
(3) to reinforce strength of form, or
(4) in association with tree or palm relocation work.
After a tree canopy reaches 15 feet in diameter, crown reduction shall only be
permitted as incidental when correct pruning standards are used and when there are
constraints such as but not limited to power lines and structures.
(c) Plant characteristics. Plant characteristics shall be reviewed during the approval
process for landscape plans to prevent conflicts with building design, signage, utilities, and
drainage. Unless otherwise approved by the city, trees shall be allowed to grow to a
shape and size typical of their species throughout their life cycle.
(d) Pruning standards and requirements. The following are general pruning
standards and requirements established for the city.
(1) Hatracking. Hatracking is prohibited. For the purposes of this article,
hatracking is defined as one or more of the following actions:
a. flat -cut the top or sides of a tree, severing the leader or leaders;
b. make internodal cuts; prune a tree by stubbing off mature wood larger
than three inches in diameter; or
C. reduce a mature tree's total circumference or canopy spread by one -
third or more.
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(2) Palm trees. Pruning palm trees shall be limited to dead fronds and up to one -
third of the green fronds and seed pods.
(3) Maximum limb pruning. Maximum limb pruning, or severely cutting back
lower branches to increase sight visibility from underneath a tree's canopy, shall
not exceed 13.5 feet from the ground level to the collar of the first limb.
(e) Alternative canopy shapes. If other than the normal expected tree canopy shade
and size is desired by the owner of the trees, the desired shape and size shall be
indicated on the approved landscape plan. If a desired shape and size is not noted on
the approved landscape plan, trees shall be allowed to grow to their natural shape and
size. Landowners can request that their approved site plans be amended to allow tree
shaping if any of the following conditions apply:
(1) a tree or trees are located in a constraining situation, such as under power lines;
or
(2) a tree or tree's unnatural shape is to be used as an accent or focal point in a
landscape design, but not for the total landscape design.
A maintenance commitment must be clearly outlined on the landscaping plan to explain
the care and upkeep of unnaturally shaped trees.
(f) Performance. Pruning shall be performed by a person or tree service that is
knowledgeable with the latest standards of the National Arborist Association. Copies of
these standards are included in the city's landscape handbook. Al tree service
companies shall obtain a city occupational license, or applicable countywide license.
(g) Violations. Excessive pruning, such as hatracking, may be considered tree abuse and a
code violation by the city's code enforcement board. Each tree hatracked shall be
considered a clear and separate violation, with a maximum fine of $250.00 for the first
tree and a maximum fine of $250.00 for each additional tree. If the city's code
enforcement board has made a previous determination that a person has violated this
article, then such person may be charged with a repeat violation. A maximum fine of
$500.00 for the first tree and a maximum fine of $500.00 for each additional tree shall
be set by the city's code enforcement board for repeat violation of this article. In
determining the correctness of particular tree pruning techniques, the city shall use the
current edition of the "Pruning Standards for Shade Trees," published by the National
Arbors Association, or any future national standard on shade tree pruning. Tree
replacement may be required by the code enforcement board.
Sec. 170. Maintenance.
City of Palm Beach Gardens/Land Development Regulations
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(a) Required. Al landscape areas shall be maintained on a regular basis, to include
weeding, watering, fertilizing, pruning, mowing, edging, mulching, replacement of dead
or missing landscaping, removal of prohibited plants, and other horticultural practices
that are needed to keep landscaping in good condition, free from disease, insect pests,
weeds, refuse, and debris. Landscape maintenance shall be carried out in a manner that
will not disrupt, inconvenience or endanger any member of the public, or pedestrian, or
motor vehicle. City recommendations for general maintenance specifications are
contained in the city of palm beach gardens landscape handbook.
(b) Condition at installation. Plants shall be alive and in good condition at the time of
issuance of the certificate of occupancy. It shall be the responsibility of the property
owner to replace landscaping and maintain landscaping throughout the life of the project.
(c) Irrigation.
(1) Standards. Al landscape areas, except those areas composed of existing
native plant communities, shall provide an irrigation system plan. The irrigation
system shall be designed and installed in accordance with the Florida Irrigation
Society Standards and Specifications for Turf and Landscape Irrigation Systems,
as amended from time to time. Irrigation systems shall be designed and
maintained to obtain the following results:
a. eliminate the wasteful use of water;
b. eliminate staining of buildings, walks, walls and other site improvements
including landscaping;
C. provide a minimum of 100- percent coverage, including the capability of
applying water onto turf areas on a different saturation level than that
used to irrigate shrub - planting beds; and
d. eliminate water overthrow onto nonpervious areas.
(2) Irrigation plan. An irrigation plan, unless otherwise provided herein, shall be
required as part of an overall landscaping plan. The irrigation system plan shall
be a minimum scale of one inch equals 30 feet.
(3) Rain sensors. A rain sensor, to switch off irrigation during wet periods, shall
be required on all irrigation systems.
(4) Xeriscape. The city encourages the proper choice of plants for water
City of Palm Beach Gardens/Land Development Regulations
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conservation in landscaping as set forth in the South Florida Water Management
District Xeriscape Plant Guide.
(d) Ponds and water management areas. The maintenance of ponds, or any water
management area and retention or detention area shall be the responsibility of the
landowner. Such areas shall be kept in a neat and clear appearance, free of exotic
aquatic vegetation and algae.
(e) Maintenance of hazardous landscaping.
(1) Notice and removal. A property owner shall remove a tree or palm after
receiving w6tten notice from the city indicating that the tree or palm has died
and all or part of the tree or palm could fall and cause harm to persons or
property. If the tree or palm is not removed within 30 days, the city shall
consider or declare the tree or palm a public nuisance and shall take appropriate
action to remove the tree or palm. The full cost of removing a tree or palm
shall be paid by the property owner.
(2) Hazards to buildings. Landscaping removed due to a potential hazard to a
building shall be replaced to comply with the approved landscape plan or with
the requirements of this division, or to the greatest extent possible if an
approved landscape plan is not on file with the City.
(3) Hazards to persons. Landscaping removed due to a health or safety
problem to persons shall be replaced to meet the intent of the approved
landscape plan, or with the requirements of this chapter to the greatest extent
possible. For example, if a concept from Crime Prevention Through
Environmental Design (CPTED) could prevent a problem, alternative plants
could replace existing landscaping to create a safer environment.
(4) Replacement of dead or diseased landscaping. Landscaping removed
due to its death, disease, damage or insect- infestation shall be replaced to
comply with the approved landscape plan, or with the requirements of this
chapter to the greatest extent possible if an approved landscape plan is not on
file with the city.
Sec. 171. Protection of root systems.
Protection. The root system of existing trees shall be protected during construction by
barricades acceptable to the city forester.
(1) Protective barriers. Prior to land clearing or construction, the developer
City of Palm Beach Gardens/Land Development Regulations
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shall erect and maintain protective barriers constructed of metal, wood, or other
durable material around the drip line of all trees, clusters of trees, or preserve
areas to be protected.
(2) Storage of materials. Storage of material, equipment, debris, or fill shall not
be permitted within the protected barrier.
(3) Toxic materials. Cleaning or storage of equipment, disposal of liquid or solid
wastes, including paint, oil solvents, asphalt, concrete, mortar, and similar toxic
materials, shall not be permitted within the protective barrier.
(4) Wires. Attachments or wires, other than those of a protective nature, shall not
be attached to any protected tree.
(5) Standards. In determining the appropriateness of particular protection
techniques, the city shall use the current edition of the Tree Protection Manual
for Builders and Developers, published by the State Division of Forestry, Florida
Department of Agriculture And Consumer Services.
Sec. 172. Clear cutting of trees.
Prohibited. Clear cutting of trees, including agriculture, timber or pulpwood harvesting, is
strictly prohibited. For the purposes of this section, clear cutting is the removal, in total or in
part, of a stand of trees from a parcel or tract of land. Forestry practices known to provide
substantial benefits or protection and that conform to the city's environmental preservation
standards may be allowed with a plan prepared by the state forest service or professional
forester, and with the approval of the city council.
Sec. 173. Littoral planting zones.
(a) Required. Littoral planting is required on lakes whose water surface is larger than one
acre in size. The littoral planting zone is, at a minimum, an area that extends ten feet
into a lake from the shoreline and extends a maximum of five feet upland from the
shoreline.
(1) Minimum planting area. At least 50 percent of the shoreline shall be planted
with wetland trees and /or aquatic plants at ten square feet of littoral zone for
every one linear foot of shoreline.
(2) Minimum planting standards. There shall be a minimum of one tree for
every 80 square feet, and plants shall be on a minimum of three -foot centers.
City of Palm Beach Gardens/Land Development Regulations
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285
(3) Slope. Shelf slope and size shall be noted on the landscape plan in the form of
a cross section drawing and respective specifications based on actual plant and
tree requirements.
Sec. 174. Variance procedure.
(a) Intent. This article is not intended to cause undue hardship to those individuals or
corporations who can demonstrate that the requirements contained in this article will
reduce required parking, or substantially restrict in any way the operations of the
business or property's use.
(b) Procedure. The variance procedure for standards of this article shall be the same as
contained in section
Sec. 175. Nonconforming landscape areas.
(a) Legal nonconformities established. With the exception of sites that have been
modified without city approval, any parcel of land which is the subject of a current valid
development order or upon which a structure has been erected prior to the effective
date of the ordinance from which this section derives and does not meet all or part of
the minimum landscape requirements in this chapter shall be considered a legal
nonconformity.
(1) Requirements for existing sites.
a. The city shall use approved landscape plans or development orders as
the minimum landscape installation standard and requirement for a
developed site.
b. If an approved landscape plan is not on file with the City, the existing
landscaping becomes a living plan of record and as such has the same
standards and protection as allowed under provisions set forth in this
article, similar to a landscape filed with and approved by the city.
(b) Maintenance. Nonconforming areas are not exempt from minimum maintenance
standards.
(c) Development order amendments. If an applicant for an amendment to a
development order, including a site plan, PUD, PCD, or site plan within a PCD requests
an amendment to the approved site plan, the city shall at the time of the final
development order approval require the nonconforming landscaping and open space to
comply with this division, or through approval of a variance or waiver meet the intent of
landscaping requirements contained herein. The following types of amendments to the
City of Palm Beach Gardens/Land Development Regulations
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site plan shall require the review of the landscape plan for the entire site using the
minimum landscape standards in this article:
(1) increase the total square footage of any building by more than five percent;
(2) increase the number of structures;
(3) increase the number of residential dwelling units;
(4) increase the building height of any building; or
(5) increase the traffic impact,
(6) alter required parking; or
(7) change in traffic circulation.
(d) Nonconformities established. Al nonresidential development constructed prior to
November 1, 1999, or annexed after November 1, 1999, which does not have a
landscape plan approved by palm beach gardens or palm beach county on record with
the City of Palm Beach Gardens shall be considered nonconforming.
(1) Notice of nonconforming status. Upon the effective date of this article or
upon the future annexation of properties, the city shall contact the owners of all
properties developed for nonresidential purposes that do not possess an
approved landscape plan. The notice shall inform the property owners that the
property is being placed in a nonconforming status due to the lack of an
approved landscape plan. The owner of nonconforming property shall have
two years from the date of the nonconforming notice to comply with the
requirements set forth in this article. Written notice to the property shall be
provided by certified mail.
(2) Failure to comply. If after two years the nonconforming property has not
been brought into compliance with the requirements set forth in this section,
the city manager or designee shall mail a certified letter to the owner of the
property stating the violation. If the property owner shall refuse or fail to
comply within 30 days from the date of receipt of the violation letter, at the
discretion of the city manager the code enforcement department shall institute
code enforcement proceedings.
(3) Variance. The owner of any property which is placed in a nonconforming
status pursuant to this section shall have the right to petition for a variance as set
City of Palm Beach Gardens/Land Development Regulations
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forth in section . The requirements of the city manager to enforce this
section shall be abated during the pendency of a petition for a variance.
(e) Minimum landscape requirements. Minimum landscape requirements for
nonconforming landscaping areas are established below.
(1) Landscape strip. A landscape strip or buffer is required along the entire
perimeter of all storage, parking, display, sale or accessory vehicular use areas.
a. A landscape strip or buffer shall be a minimum of five feet in depth,
provided that a landscape strip of 15 feet in depth shall be required on
property located along the frontage which is contiguous to public street
rights -of -way.
b. Landscape strips or buffers adjacent to public rights -of -way shall contain
one tree for each 20 linear feet or fraction thereof, with a minimum of
two trees on any one street frontage. Landscape strips or buffers not
adjacent to public streets shall contain one tree for each 40 linear feet or
fraction thereof.
C. A hedge shall be planted within a landscape strip or buffer along the
outside perimeter of all storage, parking, display, sales, and interior
parking within 50 feet of a public street or right -of -way or any portion
thereof. The balance of the area shall contain grass.
(2) Palms. Palms planted in perimeter landscape strips or buffers shall be installed
in groups of no less than three. Each palm used in interior planting shall be
considered to be one tree.
(3) Off- street parking areas. Off- street parking areas providing 12 or more
interior parking spaces shall be landscaped with a minimum of 20 square feet of
landscape area for each parking space. Each landscape areas installed pursuant
to this requirement shall comply with the following:
a. each area shall contain a minimum of 50 square feet;
b. each area shall contain a minimum of one tree; and
C. the balance of the area shall contain grass
City of Palm Beach Gardens/Land Development Regulations
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To the extent possible, landscape areas shall be located uniformly throughout
the parking area. All landscape areas, strips, or buffers shall, when a parking
space lies immediately adjacent thereto, be protected by curbs or wheel stops.
(4) Specifications. The minimum plant specifications and landscaping
maintenance requirements as provided elsewhere in this article shall apply to all
landscaping materials installed pursuant to this division.
Division VI11.
Off - street Parking And Loading
Subdivision 1.
Off - street Parking For Vehicles
Sec. 176. Intent.
(a) Intent. This article is intended to ensure that adequate off - street parking is provided to
meet the parking needs of all uses located within the city. All parking areas shall be
designed and located for the following purposes:
(1) to serve the use for which constructed;
(2) to protect the public safety; and,
(3) to mitigate potential adverse impacts on adjacent uses.
(b) Provision of adequate parking. The owner, developer, or operator of a specific
use shall be responsible to provide and maintain adequate off - street parking to meet the
specific characteristics of a use or combination of uses located on a site or property.
Sec. 177. Applicability of article.
(a) Applicability. The requirements of this article shall apply to all development, including
new structures, alterations or improvements to existing structures, establishment of new
uses, or change of use. Off- street parking shall be available for use prior to the issuance
of any certificate of occupancy or occupational license.
(b) Expansion. If an existing building, structure, or use that conforms to the off - street
parking requirements is expanded, the area of expansion shall be consistent with
requirements of this chapter, including off - street parking and landscaping.
City of Palm Beach Gardens/Land Development Regulations
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(c) Change in use. Whenever a change of use or occupancy occurs and does not involve
expansion of an existing building, the new use or occupancy shall meet the off - street
parking requirements of this chapter.
(d) Nonconformities. Whenever an expansion occurs to a building or structure that is
not in conformance with the off - street parking requirements established in this division,
the area of expansion shall be consistent with requirements of this chapter, including off -
street parking and landscaping.
(e) Calculations. Calculations shall be rounded to the nearest whole number.
(f) Assigned parking. Parking spaces assigned to a specific use may be authorized by the
city, provided the number of spaces assigned to a particular use does not exceed the
number of spaces required for such use. Assigned spaces shall be indicated on the
approved site plan associated with the affected use.
Sec. 178. Location of required parking.
(a) Location. Parking facilities, unless otherwise provided herein, shall be located on the
same lot as the principal use and shall provide convenient and safe access to the uses
served by such facilities.
(b) Residential parking.
(1) General. Parking spaces for all residential uses shall be located on the same lot
as the principal use and shall be located as close as possible to the entrance of
such principal use.
(2) Driveways. Driveways may be considered off - street parking spaces for single -
family and two- family dwellings. However, the length of the driveway must
provide sufficient space to comply with the requirements of this article.
(3) Building setbacks. Parking of vehicles in any front, side, or rear building
setback, except on driveways or other approved surfaces, is
prohibited. Temporary parking of vehicles in a yard is permitted for social or
other events held at a residence, provided such parking shall not exceed eight
hours in a 24 hour period. Temporary parking in a yard due to renovation or
repair of a driveway or residence is permitted for the duration of the
improvements.
Sec. 179. Construction and maintenance.
City of Palm Beach Gardens/Land Development Regulations
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(a) Exemption. Unless otherwise provided herein, single family and two- family dwelling
units are exempt from the provisions of this section.
(b) General requirements. Off- street parking facilities shall be constructed, maintained,
and operated in accordance with the requirements listed below.
(c) Paving and drainage. Drainage for off - street parking facilities shall comply with the
requirements of this chapter. Unless otherwise provided by this chapter, off - street
parking facilities shall be paved with concrete, asphaltic concrete, asphalt, or other
materials acceptable to the city engineer.
(d) Maintenance. Off - street parking facilities and parking facilities for all residential uses
shall be maintained in proper condition, free of weeds, dust, trash, and debris. Drainage
systems for off - street parking facilities shall be maintained in a manner acceptable to the
city engineer.
(e) Wheel stops. Wheel stops, bumper stops, or nonmountable concrete curbing shall
be installed within all parking spaces. The purpose of such parking control devices is to
avoid encroachment into landscape areas, or avoid encroachment of parked cars into
travel aisles or pedestrian facilities.
(f) Striping.
Parking stalls. Off- street parking facilities shall delineate each parking stall by stripes painted in
white. The width of the painted stripe shall be four inches. All parking stalls nine feet or less in
width shall be marked by double stripes. The separation from the inside edge of stripe to inside
edge of stripe shall be no less than eight inches and no more than 16 inches.
(1) Other striping. AI other striping, excluding parking stalls, shall be installed
with thermoplastic materials.
(g) Lighting. If the off - street parking facility contains ten or more spaces, exterior lighting,
shall be provided, pursuant to section _
(h) Entrances and exits. The number of entrances and exits to a facility shall be as few
as possible, and shall be provided and located so as to minimize traffic congestion.
Vehicles shall not be permitted to back our from a parking space into a public street or
right -of -way. At least 100 feet, or as otherwise approved by the city engineer, of off -
street stacking distance shall be provided between the edge of right -of -way and the
nearest intersecting drive aisle of a parking lot or location of a conflicting traffic
movement.
City of Palm Beach Gardens/Land Development Regulations
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(i) Screening and landscaping. All parking facilities shall be screened from the adjoining
uses as required in chapter . Tree limbs, signs, vegetation, or other
obstructions shall not impede visibility between the heights of 2 '/z feet and eight feet
above the pavement elevation at the entrances and exits of parking facilities.
(j) Prohibition of other uses. Required off-street parking areas shall not be used for the
following:
(1) the sale, repair, dismantling, or servicing of any vehicle; or
(2) the sale, repair, storage, or servicing of other equipment, materials, or supplies.
(k) Structured parking facilities. Parking facilities on more than one level shall be
designed in accordance with the standards set forth in this article for grade -level parking
facilities, insofar as they are applicable. Structured parking shall be considered an
accessory use to a principal commercial or industrial use. Construction of structured
parking facilities may be phased, when such phasing is approved by the city council. The
city council shall consider the following standards when considering an application for
development approval which includes a structured parking facility:
(1) layout;
(2) circulation;
(3) pedestrian orientation and circulation;
(4) ingress and egress affecting safety and convenience;
(5) landscaping proposed for the top and sides of the structure;
(6) landscaping, and screening and buffering from adjacent uses;
(7) proximity to residential zoning districts;
(8) lighting;
(9) appearance;
(10) architectural treatments to minimize visual impacts, including the use of opaque
or substantially opaque screening along the perimeter of such structures to
conceal parked vehicles from public view;
(1 1) compatibility with adjacent structures; and
(12) mass and bulk of structure.
(1) Parking stall and bay dimensions.
(1) Minimum dimensions. Each standard space shall comply with the
requirements of Figure and as indicated below. The dimensions
of a parking space shall not include access, travel, and maneuvering areas.
a. Standard space: minimum 10 feet by 18.5 feet;
City of Palm Beach Gardens/Land Development Regulations
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b. Reduced space: minimum 9 feet by 18.5 feet, subject to approval by
the city council; and
C. Parallel space: minimum 9 feet by 23 feet.
(2) Paving. Not less than the minimum dimensions of all parking spaces, travel
aisles, and other vehicular circulation areas shall be paved.
(3) Reduced space. The city council may approve reduced dimensions for
parking spaces when the reduction in the paved area is matched by equal or
greater increase in the amount of landscaped open space in or around the
parking area.
(m) Parking bays. Parking bays, which are the total of stall depth plus aisle width, shall
provide for adequate maneuvering and parking space. Parking bays shall be subject to
the minimum standards as described in Table and Figure
Table
Minimum Parking Bay Dimensions for Nonresidential Uses
And Residential Uses with Shared Parking Lots
Angle
A* 1
Stall
Width
B*
Stall
Depth
C*
Aisle
Width
D*
Curb
Length
E*
Wall
to
Wall
Width
F*
Interlock
to
Interlock
Width
G*
Stall
Depth to
Interlock
H*
Land
Use
1*
45
70"
1716"
1210"
1216"
4710"
44'0"
15'6"
General
45
9'6"
1716"
1210"
1316"
4710"
4410"
1516"
Retail
45
1010"
1716"
1210"
1410"
470"
4410"
1516"
Unspecified
60
910"
1910"
1610"
10'6"
550"
52'0"
1716"
General
60
916"
1910"
1510"
11'0"
5410"
5110"
1716"
Retail
60
10'01,
170"
1410"
1116"
53'0"
50'0"
1716"
Unspecified
70
9'0"
19'6"
1910"
916"
58'0"
56'0"
1816"
General
70
916"
19'6"
1810"
1010"
5710"
5510"
1816"
Retail
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 293
70
10'0"
1916"
1710"
10'6"
5610"
54'0"
18'6"
Unspecified
75
9'0"
19'6"
2310"
9'6"
6210"
6010"
1816"
General
75
76"
19'6"
22'0"
10'0"
6110"
570"
1816"
Retail
75
1010"
1916"
2110"
1016"
6010"
5810"
1816"
Unspecified
80
910"
1916"
2410"
910"
6310"
62'0"
1910"
General
80
916"
19'6"
2310"
9'6"
6210"
6110"
1910"
Retail
80
1010"
1916"
2210"
1010"
6110"
6010"
1910"
Unspecified
90
910"
1816"
26'0"
910"
6310"
6310"
1816"
General
90
916"
18'6"
2510"
916"
6210"
62'0"
18'6"
Retail
90
1010"
1816"
2410"
10'0"
6110"
61'0"
18'6"
Unspecified
Notes.
*See figure 1, Parking Stall Schematic.
(1) Dimensional requirements for stalls shall vary depending on the angle of parking provided
(Column A )and the land use that the parking serves (Column 1).
(2) In column I above, "general" applies to parking spaces designated to serve all commercial
uses, except retail uses and also residential uses with shared parking lots. Spaces to be
reserved for use by disabled persons shall be governed by the rows labeled
"handicapped." The label "unspecified" is included to provide a guideline for the design of
spaces above the minimum required width.
Add figure
Sec. 180. Number of parking spaces required.
(a) Required spaces. The number of off - street parking spaces required for individual uses
is established in Table . For any use not listed in Table , the growth
management director shall determine off - street parking requirements. The standards
established in this section provide for both the minimum and maximum vehicular parking
requirements for the various uses as classified. As indicated in Table _, the growth
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 294
management director may request additional information to demonstrate overall parking
demand.
(b) Mixed uses. For mixed uses, total off - street parking requirements shall be calculated
based upon the individual uses.
(c) Reduction in spaces. Unless otherwise provided herein, a reduction in the required
number of parking spaces may be granted as a variance by the zoning board of
adjustment subject to section or as a waiver to a PCD, PUD, or MXD granted
by the city council.
(d) Increase in parking spaces.
(1) Increase of parking spaces allowed. As applicable to the type of
development order, the city council, planning and zoning commission, or growth
management director may authorize an increase in the number of parking in an
amount not to exceed ten percent (10 %) of the required spaces.
(2) Requests for additional parking. Excluding PUDs, PCDs, or MXDs, any
development order application which requests an increase of parking equal to or
greater than ten percent (10 %) of required parking shall be considered by the
BZA as a request for a variance.
(3) Additional parking in PUDs, PCDs, and MXDs. Any request for an
increase of parking equal to or greater than ten percent (10 %) of required
parking which affects a PUD, PCD, or MXD shall only be considered as an
application for approval of a waiver by the city council.
Table
Required Off - Street Parking Spaces
USE/
Number of Parking
CATEGORY
Spaces Required
Notes
RESIDENTIAL
Dwelling, One Family
Greater of 2 spaces per unit or
No guest parking requirement
I space for each bedroom
City of Palm Beach Gardens/Land Development Regulations
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295
USE/
Number of Parking
CATEGORY
Spaces Required
Notes
Dwelling, Mobile Home
2 spaces per unit
Added guest parking requirement
Dwelling, Multiple Family
I space per bedroom plus
Guest parking required
minimum of 5% of total spaces
for guest parking
Dwelling, Two - Family
Greater of 2 spaces per unit plus
No guest parking requirement
or I space for each bedroom
Home Occupation
None
Hotel/Motel, Boarding or Rooming
1.1 spaces per room plus
Parking study can be requested by
House
I space for each square feet
city or provided by applicant to
of meeting space plus
demonstrate overall parking
I space for each 100 square feet
demand.
of office space plus required
parking for additional use (lounge,
retail, restaurant, etc.)
Mobile Home Park
2 spaces per unit plus minimum
of 5% of total spaces for guest
parking
Residence Hall or Dormitory
0.75 spaces resident
Parking study can be requested by
city or provided by applicant to
demonstrate overall parking
demand.
Community Residential Home,
Greater of 2 spaces per unit or
Type 1 (6 or less residents)
I space for each bedroom
Community Residential Home,
I space per 4 residents
Type II (7 - 14 residents)
Assisted Living Facility (I or more
I space per 4 residents
Parking study can be requested by
residents)
city or provided by applicant to
demonstrate overall parking
demand
RETAIL & COMMERCIAL
Adult Entertainment
I space per 250 square feet( I)
Antique Store
I space per 250 square feet
Appliance and Electronics Store
I space per 250 square feet
Auto Repair, General
I space per 250 square feet plus
2 spaces per repair bay
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 296
USE/
CATEGORY
Number of Parking
Spaces Required
Notes
Auto Dealership
I space per 250 square feet of
enclosed display area and offices
plus
I space per 4,500 square feet of
outdoor sales, display and rental
plus
I space per service bay
■At least I off - street
loading/unloading space for auto
transport trailers shall be provided
■Vehicle sales, storage, or display
areas shall not be counted towards
meeting required parking.
Auto Rental, Accessory
I space for each auto to be
rented
Auto Service Station and Minor
Repairs
I space per 250 square feet plus
2 spaces per repair bay
Repair bays may be included as a
required parking space.
Auto Tire Sales and Installation
I space per 250 square feet plus
2 spaces per bay
Bakery
I space per 250 square feet
Barber/Beauty Supplies and
Equipment Sales
I space per 250 square feet
Bicycle Sales and Repair
I space per 250 square feet
Boat and Marine Sales
I space per 250 square feet
Bookstore
I space per 250 square feet
Car Wash /Auto Detailing
I space per 250 square feet plus
space per bay
Clothing and Accessory Store
I space per 250 square feet
Consignment Shop
I space per 250 square feet
Convenience Store w /Gas Sales
I space per 200 square feet plus
2 spaces per bay
Convenience Store w/o Gas Sales
1 space per 200 square feet
Department Store
I space per 250 square feet
Discount Department Store
I space per 250 square feet
Drugstore or Pharmacy, General
I space per 200 square feet
Drugstore or Pharmacy, Limited
I space per 200 square feet
Farm Equipment and Sales
Same as auto sales and rental
Feedstore
I space per 250 square feet
City of Palm Beach Gardens/Land Development Regulations
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USE/
Number of Parking
CATEGORY
Spaces Required Notes
Floral, Florist Shop
I space per 250 square feet
Fruit and Vegetable Market
I space per 250 square feet
Gift and Card Shop
I space per 250 square feet
Grocery Store, Retail
I space per 200 square feet
Hardware, Paint, Glass, Wallpaper,
I space per 250 square feet
and Floor Covering Store
Hobby, Fabric, and Craft Shop
I space per 250 square feet
Jewelry Store, including Repair of
I space per 250 square feet
Jewelry and Clocks
Landscape, Nursery, and Garden
I space per 250 square feet plus
Supplies
I space per 1,000 square feet of
outdoor display area
Lawn Mower Sales and Repair
I space per 250 square feet
Lumber Yard and Building Materials
I space per 250 square feet
Machinery, Tools, and Construction
I space per 250 square feet
Equipment Sales and Service
Medical and Dental Supply Sales
I space per 250 square feet
Motorcycle Sales and Service
I space per 500 square feet of
enclosed display area and offices
plus
I space per 4,500 square feet of
outdoor sales, display and rental
plus
I space per service bay
Nightclub, Bar, or Lounge
I space per 2 seats but not less Excludes current requirement of I
than I space per 100 square feet per employee
Pet Grooming Shop
I space per 250 square feet
Pottery Shop
I space per 250 square feet
Recreational Vehicle Park
1 space per RV parking space
I space per camping cabin
I space per 500 square feet of
administrative, maintenance, or
commercial space
2 spaces per security dwelling
City of Palm Beach Gardens/Land Development Regulations
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USE/
Number of Parking
CATEGORY
Spaces Required
Notes
Restaurant, General
I space per 150 gross square feet
Parking study can be requested by
plus I space per 250 square feet
city or provided by applicant to
for employee parking, including
demonstrate overall parking
outdoor seating
demand
Restaurant, Fast Food (with or w/o
I space per 150 gross square feet
Parking study can be requested by
Drive - through)
plus I space per 250 square feet
city or provided by applicant to
for employee parking, including
demonstrate overall parking
outdoor seating
demand
Restaurant, Specialty
I space per 150 gross square feet
Parking study can be requested by
plus I space per 250 square feet
city or provided by applicant to
for employee parking, including
demonstrate overall parking
outdoor seating
demand
Restaurant, Quality
I space per 150 gross square feet
Parking study can be requested by
plus I space per 250 square feet
city or provided by applicant to
for employee parking, including
demonstrate overall parking
outdoor seating
demand
Restaurant, Take Out
I space per 150 gross square feet
Parking study can be requested by
plus I space per 250 square feet
city or provided by applicant to
for employee parking, including
demonstrate overall parking
outdoor seating
demand
Retail, General
I space per 250 square feet
Thrift and Used Merchandise Store
I space per 250 square feet
PERSONAL SERVICES
Animal Boarding Kennel
I space per 300 square feet of
office, and animal boarding and
run
AutofFruck Fleet Maintenance
I space per 250 square feet plus
Shops and Garages
2 spaces per repair bay plus
I space per 4,500 square feet of
outdoor storage area
Auto/Truck Body Repair Shop
I space per 250 square feet plus
2 spaces per repair bay
Automatic/Self -Serve Car Wash
I space per 250 square feet
Bank/Financial Institution w/Drive
I space per 250 square feet
Through
City of Palm Beach Gardens/Land Development Regulations
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USE/
Number of Parking
CATEGORY
Spaces Required
Notes
Bank/Financial Institution w/o Drive
I space per 250 square feet
Through
Barber/Beauty Shops
I space per 250 square feet
Blueprinting
I space per 250 square feet
Boat Repair
I space per 250 square feet
Business, Trade and Vocational
I space for each 2 students plus I
Schools
space per 300 square feet of
classroom and office space plus
I space for each 4 seats in
gymnasiums and auditoriums
Catering Service
I space per 250 square feet
Cemetery and Mausoleum
TBD
Parking study can be requested by
city or provided by applicant to
demonstrate overall parking
demand
Clinic, Medical or Dental
I space per 200 square feet
Parking study can be requested by
city or provided by applicant to
demonstrate overall parking
demand
Clinic, Veterinary
I space per 250 square feet
Cold Storage Facility
I space per 1,000 square feet
Contractor's Storage Yard
I space per 250 square feet of
office plus I space per 10,000
square feet of open storage area
Data Processing Service
I space per 200 square feet
Day Care, Child and Adult
I space per 10 students or clients
plus
I pickup /drop off space per 10
students plus
1 space per van or bus
Day Care, Family
None
Dry Cleaning
I space per 250 square feet
Electronic Repair
I space per 250 square feet
Emergency Health Care
I space per 200 square feet
City of Palm Beach Gardens/Land Development Regulations
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USE/
Number of Parking
CATEGORY
Spaces Required
Notes
Express or Parcel Delivery Office
I space per 250 square feet
Express or Parcel Delivery
I space per 1,000 square feet
Parking study can be requested by
Distribution Center
plus I space per bay
city or provided by applicant to
demonstrate overall parking
demand
Extermination Service
I space per 250 square feet
Funeral Home
I space per 4 seats
Health, Physical Fitness, Weight
I space per 200 square feet
Parking study can be requested by
Reduction, and Spa
city or provided by applicant to
demonstrate overall parking
demand
Housekeeping and Janitorial
I space per 250 square feet plus
Services
I space per company vehicle
Laboratory, General
I space per 250 square feet
Laboratory, Dental or Medical
I space per 250 square feet
Laundry, Self Service
I space per 200 square feet
Laundry and Dry Cleaning Pickup
I space per 250 square feet
Station
Laundry, Linen Supply and Cleaning
I space per 1,000 square feet
Parking study can be requested by
Service
plus I space per bay
city or provided by applicant to
demonstrate overall parking
demand
Locksmith
I space per 250 square feet
Machine Shop
I space per 1,000 square feet
plus I space per by
Mail and Packing Store, Private
I space per 250 square feet
Marina, Commercial
I space per two wet slips plus I
space per 5 dry slips plus the
greater of I space per 200 square
feet of accessory uses or required
parking for additional use (lounge,
retail, restaurant, etc.)
Marina, Private Mooring or Dock
one
Massage Therapist
I space per 250 square feet
City of Palm Beach Gardens/Land Development Regulations
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USE/
CATEGORY
Number of Parking
Spaces Required
Notes
Motion Picture Studio
I space per 300 square feet of
office space plus 10 spaces per
studio plus I space per 1,000
square feet
*Parking study can be requested
by city or provided by applicant to
demonstrate overall parking
demand
Nursing Home or Convalescent
Facility
I space per 4 beds plus I space
per 250 square feet of office
space
Painting and Decorating Contractor
I space per 250 square feet
Parking Lot, Commercial
None
Picture Framing
I space per 250 square feet
Photo Studio and Processing
I space er 250 square feet
Print Shop
I space per 250 square feet
Self Service Storage
I space per 75 storage spaces
plus 2 spaces per security
quarters plus 4 spaces per office
Shoe Repair
I space per 250 square feet
Studio, Instructional
I space er 250 square feet
Studio, Professional
I space per 250 square feet
Tailor Shop
I space per 250 square feet
Travel Agency
I space per 250 square feet
Video Game and Amusement
Parlor
I space per 250 square feet
Video Rental and Sales
I space per 200 square feet
OFFICE
Employment Office
I space per 300 square feet
Interior Design, including Sales
I space per 250 square'feet
Office, Medical or Dental
I space per 200 square feet
Office, Professional and Business
I space per 300 square feet
Optical, Optician or Optometrist
Offices
I space per 200 square feet
City of Palm Beach Gardens/Land Development Regulations
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USE/
Number of Parking
CATEGORY
Spaces Required
Notes
Veterinary Office and Clinic
I space per 200 square feet,
excluding authorized pet boarding
facilities
PUBLIC AND
INSTITUTIONAL
Churches and Places of Worship
I space per 3 seats plus I space
Parking study can be requested by
per 250 square feet of office plus
city or provided by applicant to
required parking for additional
demonstrate overall parking
use (child or adult day care,
demand
elementary or secondary school,
etc.)
College or University, Public or
I space per 300 square feet of
Parking study can be requested by
Private
classroom, office, meeting, and
city or provided by applicant to
assembly rooms
demonstrate overall parking
demand
Governmental Uses
I space per 300 square feet
Hospital, Public or Private
2 per bed plus required parking
for additional use (medical offices,
clinics, laboratories, etc.)
Post Office
I space per 300 square feet
Post Office, Accessory
5 spaces
Additional parking may be waived if
associated with adequate parking,
such as a shopping center or
government building
Schools, Public and Private
----- - - - - --
— — — — — — — — — —
----- - - - - --
■Elementary and Middle Schools
I space per classroom plus I
space per 250 square feet of
office plus I pickup /drop off space
- — — — — — — — — — —
per 10 students
— — — — — — — — — —
— — — — — — — — — — –
■High Schools
I space per classroom plus I
space per 250 square feet of
office plus I space per 3 students
CULTURAL,
ENTERTAINMENT AND
RECREATIONAL
Art Gallery and Museum, Public or
I space per 600 square feet
Private
City of Palm Beach Gardens/1-and Development Regulations
Draft – 3/5/00 303
USE/
Number of Parking
CATEGORY
Spaces Required
Notes
Auditorium, Public or Private
I space per 3 seats
Club or Lodge, Private
I space per 300 square feet
Golf Course, Public or Private
4 spaces per hole plus I space
per 300 square feet of clubhouse
plus required parking for
additional uses
Park, Public
To Be Determined
Parking to be determined based
upon facilities to be provided
Recreation Center, Public
Greater of I space per 200
Parking study can be requested by
square feet or I space per 4 seats
city or provided by applicant to
demonstrate overall parking
demand
Recreation, Commercial - Indoor
Parking study can be requested by
city or provided by applicant to
demonstrate overall parking
- — — — — — — — — — — —
— — — — — — — — — —
demand
— — — — — — — — — — –
■Bowling Alley
2 spaces per lane plus required
parking for additional use (lounge
restaurant, meeting rooms, etc.)
■Video Parlor
I space per 4 machines /games
■General
I space per 200 square feet
Recreation, Commercial - Outdoor
10 spaces per acre
Parking study can be requested by
city or provided by applicant to
demonstrate overall parking
demand.
Stadium or Arena, Public or Private
I space per 3 seats
Parking study can be requested by
city or provided by applicant to
demonstrate overall parking
demand.
Theater, Indoor
I space per 3 seats
Parking study can be requested by
city or provided by applicant to
demonstrate overall parking
demand
Zoo, Public or Private
10 spaces per acre
WHOLESALE
City of Palm Beach Gardens/Land Development Regulations
Draft – 3/5/00 304
USE/
Number of Parking
CATEGORY
Spaces Required Notes
Building Supply, Wholesale
I space per 2,000 square feet
plus I space per 250 square feet
of office
Florist
I space per 2,000 square feet
plus I space per 250 square feet
of office
Food Products, Wholesale Storage
I space per 2,000 square feet
and Sales
plus I space per 250 square feet
of office
Wholesale and Warehousing,
I space per 2,000 square feet
General
plus I space per 250 square feet
of office
INDUSTRIAL AND
MANUFACTURING
Beverage Production
Boat Building
Furniture Manufacturing, Repair and
Restoration
Laboratory, Industrial Research and
Development
Manufacturing, General
Orthopedic Brace Manufacturing
and Repair
Printing and Publishing
Sporting Goods Manufacturing
I space per 1,000 square feet
plus I space per 250 square feet
of office
I space per 1,000 square feet
plus I space per 250 square feet
of office
I space per 1,000 square feet
plus I space per 250 square feet
of office
I space per 1,000 square feet
plus I space per 250 square feet
of office
I space per 1,000 square feet
plus I space per 250 square feet
of office
I space per 1,000 square feet
plus I space per 250 square feet
of office
i
I space per 1,000 square feet
plus I space per 250 square feet
of office
a
I space per 1,000 square feet
plus I space per 250 square feet
of office
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 305
USE/
Number of Parking
CATEGORY
Spaces Required
Notes
Stone Cutting and Fabrication
I space per 1,000 square feet
plus I space per 250 square feet
of office
Tool Manufacturing
I space per 1,000 square feet
plus I space per 250 square feet
of office
Toy Manufacturing
I space per 1,000 square feet
plus I space per 250 square feet
of office
Well drilling Company
I space per 1,000 square feet
plus I space per 250 square feet
of office
TRANSPORT,
UTILITIES, &
COMMUNICATIONS
Airport, General Aviation
I space per tie -down and hangar
space
Automobile, RV, and Boat Storage,
I space per 250 square feet of
Commercial
office plus I space per auto to be
stored
Freight Depot
I space per 1,000 square feet
plus I space per 250 square feet
of office
Helistop
Number of spaces to be
determined by Growth
Management Director
Passenger Station
To be determined
Parking study to be provided by
applicant to demonstrate overall
parking demand
Radio/Television Broadcast Studio
I space per 250 square feet
Utility Plant and Major Substations
TBD
Parking study can be requested by
city or provided by applicant to
demonstrate overall parking
demand
Utilities, Minor
None
City of Palm Beach Gardens/Land Development Regulations
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USE/
Number of Parking
CATEGORY
Spaces Required
Notes
Wireless Telecommunication
Number of spaces to be
Facilities
determined by Growth
Management Director
RESOURCES
PRODUCTION AND
EXTRACTION
Agriculture
Number of spaces to be
determined by Growth
Management Director
Excavation and Fill, and Borrow Pit
Number of spaces to be
Operations
determined by Growth
Management Director
OTHER
Accessory Uses
None
Mobile Home, Temporary
I space per 250 square feet plus
additional spaces as determined
by the Growth Management
Director
Recreation, Accessory
Number of spaces to be
determined by Growth
Management Director
Satellite Dishes, Accessory
None
Notes.
Square Feet= Gross square feet.
Parking studies, when provided, to be conducted in a professionally accepted manner to
determine adequate parking for proposed use.
Sec. 181. Shared Parking.
(a) Permitted. The city council, may, as part of an approval of a new or expanded use,
new construction, substantial renovation, or alteration or expansion of an existing site,
approve the use of shared parking to reduce overall parking requirements. The basis for
approval of an application to establish shared parking includes the factors listed below.
(1) Complementary uses. Use of a building or structure for two or more uses
which possess complementary, rather than competing, peak hours of usage.
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 307
(2) Shared parking study. Preparation, in a professionally- accepted manner, of a
shared parking study by a qualified professional engineer, architect, or planner.
(3) Agreement. Execution of an agreement, in a form acceptable to the city,
between the owners and tenants of buildings or structures affected by the shared
parking. This agreement shall:
a. provide the city a means to readdress the shared parking in the event
future parking problems or changes in use occur;
b. provide a legal description of the land and structures affected;
C. provide for a term of at least five (5) years;
d. provide a site plan to indicate uses, hours of operation, parking, etc.; and
e. assure the availability of all parking spaces affected by the agreement.
(4) Amount of parking. The amount of parking provided pursuant to a shared
parking agreement shall be determined as follows:
a. multiply the individual uses by the minimum required parking percentages
per time period as contained in the five (5) vertical columns of Table
b. Add the sum of the calculations; and
C. the required parking is the largest number of spaces resulting from the
calculations.
Table
Shared Parking Calculations
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 308
Weekday:
Weekday:
Weekday:
Weekend:
Weekend:
Midnight
9:00 am to
6:00 pm to
9:00 am to
6:00 pm to
USE
to 6:00 am
4:00 pm
Midnight
4:00 pm
Midnight
Residential
100%
60%
90%
80%
90%
Office
5%
100%
10%
10%
5%
Commercial
5%
70%
90%
100%
70%
and Retail
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 308
Hotel
80%
80%
100%
80%
100%
Restaurant
10%
50%
100%
50%
100%
Entertainment
10%
40%
100%
80%
100%
Others
100%
100%
100%
100%
100%
Subdivision 11.
Loading Requirements
Sec. 182. Required.
Application. Off- street loading facilities shall be provided and maintained in the amount
required in this subdivision. However, this subdivision does not require off - street loading facilities
in excess of the number required for uses which existed on August 18, 1994. After August 18,
1994, uses or structures which are enlarged, expanded, or changed, shall provide the required
off - street loading facilities for the additional increment of the enlarged, expanded or changed use
Sec. 183. Size and location of loading spaces.
(a) Minimum dimensions. Off-street loading spaces shall comply with the minimum
dimensions indicated below.
(1) Overhead clearance: 15 feet.
(2) Minimum width: 12 feet.
(3) Minimum length: 35 feet long, exclusive of access or maneuvering areas,
platforms and other appurtenances.
(4) Maneuvering apron. A maneuvering apron, a minimum of 12 feet wide and
35 feet long, shall be provided directly behind the loading space intended to
serve, or as otherwise may be approved by the city.
(b) Location. Except as otherwise
provided, off - street loading facilities Check items 1.
shall be located on the same
property which they serve.
(1) Residential zoning districts. Off- street loading facilities shall not be located
within feet of a residential zoning district.
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 309
(2) Enclosure. The city may require off - street loading facilities to be enclosed to
minimize visual impacts, noise, and related affects on adjacent property owners.
(3) Refrigerated trucks. Refrigerated trucks, and other trucks which require
compressors, engines, refrigeration equipment, and similar equipment to be
continuously or periodically operational shall not park within 250 of any
residential zoning district during the hours of 7:00 p.m. to 7:00 a.m, on
weekdays, and 7:00 p.m. to 9:00 a.m. on Saturday and Sunday.
(c) Circulation. Access and maneuvering areas, ramps, and other vehicular circulation
areas associated with such facilities shall not be located on a public or private street right -
of -way. All vehicular circulation shall be so arranged that the vehicles are not required to
back from the street into the facility nor required to back from the facility into a street or
other public- right -of way.
Sec. 184. Construction and maintenance.
Minimum standards. Off- street loading facilities shall be constructed, maintained, and
operated in accordance with the standards listed below.
(a) Drainage and paving. Off- street loading facilities shall be properly graded for drainage
and paved with concrete or asphaltic concrete acceptable to the city engineer.
(b) Maintenance. Off- street loading facilities shall be maintained in good condition, free of
weeds, dust, trash, and debris.
(c) Lighting. Lighting facilities shall be so arranged that the source of light does not shine
directly into adjacent residential properties or into traffic on adjoining streets.
(d) Entrances and exits. Entrances and exits to the facility shall be located so as to
minimize traffic congestion or prevent vehicles from backing from the street into the
facility. Streets, alleys, or other public rights -of -way shall not be considered part of an off -
street loading facility.
(e) Circulation. In areas where access drives to off - street loading facilities occur in
conjunction with off-street parking facilities that provide parking at street level for more
than 600 cars, separate circulation routes within such facilities shall be maintained.
(f) Markings. All off - street loading spaces shall be striped and clearly marked in a manner
acceptable to the city engineer.
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Sec. 185. Number of loading spaces required.
(a) Minimum requirements. Off - street loading facilities shall comply with the
requirements of Table , and shall be applicable to all structures containing
commercial, business, industrial, manufacturing, storage, warehousing, processing, offices,
hotels, hospitals, airports, railroad terminals, and similar uses as may be required by the
growth management director.
Table
Required Off - Street Loading Spaces
(b) Exceptions. Hotels shall be provided loading spaces based upon the number of rooms.
An application for development order approval for a hotel, or which includes a hotel,
shall provide a study documenting the number of loading spaces to be provided.
Sec. 186. Cooperative establishment and use of facilities.
(a) Establishment. Two or more neighboring uses may establish common off - street
loading facilities, subject to approval by the city council. The total number of common
off - street loading spaces shall not be less than the number required for individual users,
unless otherwise approved by the city council. Criteria for reduction in the total number
of off- street loading spaces include the following:
(1) times of usage of the truck loading facilities by the individual users;
(2) the location of the proposed common facilities; and
(3) the character of the merchandise involved.
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Number of Spaces
Size
- - -- - - - --
(Gross Square Feet)
Commercial/
Office Industrial
0 to 10,000
I
I
10,001 to 50,000
1
2
50,001 to 100,000
1
3
Each additional 80,000
over 100,000
None
I
(b) Exceptions. Hotels shall be provided loading spaces based upon the number of rooms.
An application for development order approval for a hotel, or which includes a hotel,
shall provide a study documenting the number of loading spaces to be provided.
Sec. 186. Cooperative establishment and use of facilities.
(a) Establishment. Two or more neighboring uses may establish common off - street
loading facilities, subject to approval by the city council. The total number of common
off - street loading spaces shall not be less than the number required for individual users,
unless otherwise approved by the city council. Criteria for reduction in the total number
of off- street loading spaces include the following:
(1) times of usage of the truck loading facilities by the individual users;
(2) the location of the proposed common facilities; and
(3) the character of the merchandise involved.
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(b) Other requirements. In order to establish common off - street loading facilities, the
standards listed below are applicable.
(1) Consent. Written consent, in a form acceptable to the city attorney, is obtained
from all affected property owners.
(2) Written agreement. All conditions relating to the use, location, construction,
and maintenance of the common facilities will be provided in a form acceptable
to the city attorney.
(3) Use of common facility. All users and property owners participating in a
common off - street truck loading facility shall agree, in a form acceptable to the
city attorney, that goods moved from the common facility shall not involve
movement by truck, automobile, or other vehicle.
Subdivision M.
Supplemental Parking Requirements
Sec. 187. Required parking for the physically handicapped.
Required parking. Handicapped parking, access ramps, and markings will be provided as
required by Chapter316.1955, Florida Statutes.
Sec. 188. Grassed parking.
Approval and use. Grassed parking areas may be approved by the city council for uses which
have infrequent peak demand, subject to the standards and criteria established below.
(a) Application. An application for the approval of grassed parking areas shall be submitted
to the growth management department in conjunction with any other application for
development order approval. The application shall include the items listed below.
(1) A written statement and a site plan showing the area proposed for grassed
parking, and the proposed method of traffic control to direct vehicular flow and
parking, including the use of wheel stops.
(2) A written statement documenting how the parking area proposed for grassed
parking shall be used for parking on an average of not more than two days or
nights each week. This information shall contain the following:
a. the proposed hours and days of the expected use of the grassed parking;
and
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b. the expected average daily traffic and peak hour traffic counts as calculated
by a professional engineer.
(3) Description of the method to ensure that the grassed parking surface will be
maintained in its entirety with a viable turf cover due to infrequency of use.
(4) A conceptual drainage plan for the entire parking area.
(5) Description of the soil type of the area proposed for grassed parking.
(b) Applicable standards. The standards listed below shall apply to the review of
application to construct and utilized grassed parking areas.
(1) Only stalls provided for peak demand may be approved as grassed parking. Paved
parking shall be provided for average daily traffic, including weekday employees
and visitors.
(2) The city engineer may determine that site - specific factors, such as but not limited
to soil type, exist, which necessitate that subsurface improvements be made to
the area planned for grassed parking.
(3) Existing or proposed landscaped areas, surface water management areas, or
easements other than a utility easements shall not be included in the proposed
grassed parking area.
(4) Grassed parking areas shall not be utilized for handicapped parking spaces.
(5) Grassed parking areas shall meet all minimum interior landscaping requirements
normally associated with standard surface parking.
(6) Grassed parking area shall not be included in calculations to comply with
minimum landscape or open space requirements.
() Within grassed parking areas, all access aisles shall either be:
a. paved and meet the same structural and surface requirements as for
paved parking surfaces; or
b. surfaced with paver block or other semi - pervious materials approved by
the city engineer.
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(8) The city engineer may require grassed parking areas to be paved, landscaped,
and otherwise improved consistent with the requirements of this chapter if such
areas deteriorate and create a nuisance or hazardous conditions, or become
unsightly.
Sec. 189. Drive - through facilities.
(a) Design. Drive - through facilities shall be designed to minimize conflicts between
pedestrian and vehicular circulation, subject to the standards listed below.
(1) Separation. Each drive - through lane shall be separated from the circulation
routes necessary for ingress or egress from the property or access to any parking
space.
(2) Marking. Each drive - through lane shall be striped, marked, or otherwise
distinctly delineated in a manner acceptable to the city engineer.
(3) Queuing and stacking. The queuing or vehicle stacking capacity of a drive -
though facility, including a gated entrance to a residential development, shall be at
least 100 feet. The minimum distance shall be measured from the centerline of
the window closest to the edge of right -of -way from which access is provided.
The stacking capacity may be increased based upon individual circumstances as
determined by the city engineer.
(4) Ordering and pickup facilities. The design and location of ordering and
pickup facilities will be determined for a proposed use based on traffic engineering
and planning data. Any request for a drive - through facility shall include the
information listed below.
a. Nature of the product or service being offered.
b. Method by which the order is processed.
C. Peak demand hour.
d. Percentage of sales or business conducted via drive - through facilities.
e. Anticipated vehicular stacking required.
(b) Bypass lanes. Each drive - through facility shall provide a pass -by lane separate from the
drive - through lanes, with a minimum width of ten (10) feet.
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Sec. 190. Covered parking structures.
Construction and maintenance. Covered parking structures shall be constructed and
maintained in accordance with the specifications listed below.
(a) Maintenance. A covered parking structure shall be clean and well- maintained.
Disrepair, including but not limited to rips, tears, holes, rust, and discoloration, shall be
remedied immediately or shall be subject to code enforcement procedures as set forth in
section
(b) Style. The appearance and material of covered parking shall be compatible with the
architecture, style, and color of the principal structure project.
(c) Materials.
(1) Canvas shall be a prohibited material for covered parking structures. Vinyl
coverings shall be a permitted material, provided a minimum 17 -ounce
reinforced grade or equivalent shall be used.
(2) Metal coverings shall be constructed of a solid material, such as nonferrous
aluminum, copper, or steel.
(d) Building codes. Al covered parking structures shall comply with applicable
requirements of the building code. Covered parking structures shall not be constructed
or installed without a building permit.
(e) Zoning. Covered parking structures shall comply with all zoning regulations.
(If) Landscaping. The installation of the covered parking structure shall not interfere with
the natural growth of the required landscaping.
(g) Maximum amount. Covered parking structures shall not exceed five percent of total
required parking spaces for a site.
(h) Location. Covered parking structures shall be located a minimum of I 100 feet from any
public right -of -way and 50 feet from any residential district. Unless otherwise approved
by the city council, covered parking structures shall be located in the rear of the principal
building to which the parking structure is accessory. The location of covered parking
structures shall be subject to city approval during the development review or site plan
review process, or as an amendment to an approved site plan.
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(i) Lighting. The construction of covered parking shall not impede or alter the security
lighting of the surrounding area.
Sec. 191. Vehicle repair in residential districts.
Vehicle repair. The repairing of an automobile or a motor vehicle in a residential zoning
district is subject to the restrictions listed below.
(a) Minor repairs. Only minor repairs and maintenance may be performed, which are
defined as follows:
(1) the changing and replenishment of fluid levels, such as hydraulic fluid, windshield
washer fluid, and lubricating oil;
(2) the replacement of wiper blades;
(3) the replacement of sparkplug and related parts;
(4) the rotation of tires and the checking of tire pressure; and
(5) the replacement of drive belts and hydraulic lines.
(b) Other repairs. Any other repairs on the motor vehicle or automobile shall be
restricted to completely enclosed spaces and shall be performed on privately registered
vehicles having current state license plates, or motor vehicles designated by the state as
qualifying for an antique or horseless carriage designation.
(c) Location of repair. The repairs shall be performed only at the address shown on the
vehicle registration.
(d) Commercial repairs. Use of property for commercial repairs of automobiles or
motor vehicles commercial nature is prohibited.
Sec. 192. Outdoor storage areas.
Screening. Screening of accessory open storage yards shall comply with the standards listed
below.
(a) Public rights -of -way. Outdoor storage areas shall be screened from view of any
street as shown on the county thoroughfare improvement or city comprehensive plan as
indicated below.
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(1) When an outdoor storage area abuts a collector or arterial street, the method of
screening shall consist of solid walls or solid fences at least six feet in height, with
access from such streets only through solid gates. Gates shall be closed when
not in use. Shielding shall extend at 100 feet back from the street property line,
unless an existing permanent structure shields the storage area.
(2) When an outdoor storage area abuts a residential zoning district or property
which possesses a residential future land use designation, the method of
screening shall consist of solid walls or fences at least six feet in height along the
boundary of the storage areas and the entire residential district. Gates shall be
opaque, of the same style as the screening wall, and closed when the access is
not in use.
(3) When an outdoor storage area is within 200 feet of a residential district as defined
above, the method of screening shall consist of solid walls or fences at least six
feet in height and located in such a manner that the storage area is not visible
from the residential district. Gates shall be opaque, of the same style as the
screening wall, and closed when the access is not in use.
Sec. 193. Mechanical and service equipment screening.
Screening required. Roof -, wall -, and ground- mounted mechanical equipment shall be
screened from public view. Mechanical equipment screening enclosures or structures shall be
constructed in a manner consistent with the architectural style, color, and materials of the
principal use. Landscape screening must include a dense planting or earth berming or both, as
established in chapter
Sec. 194. Dumpsters.
(a) Applicability. The requirements pertaining to the location and screening of dumpsters
established in this section shall apply to all zoning districts within the city having or using
dumpsters for sanitation service or recycling service. Temporary dumpsters, such as
those which are placed on job sites during construction activity, are not subject to this
section.
(b) Minimum requirements. The location and use of dumpster shall comply with the
standards established below.
(1) Location. Al dumpsters shall be located so as to be reasonably accessible for
trash collection by the sanitation vehicles. Dumpsters shall not be located within
the right -of -way of a public street or alley.
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(2) Screening.
a. All dumpsters shall be screened from public view, from public rights -of -way and
from abutting properties.
b. Dumpsters shall be screened on all four sides, as indicated in Figure _. Gates
which must be closed when the dumpster in not is use. Gates shall be
maintained in good repair.
c. Dumpsters shall be screened with materials of the same architectural style, color,
and materials as the principal use. Dumpster screening enclosures shall be
maintained in good repair. The city may require installation of landscaping to
provide additional screening for dumpsters visible from a public right of way.
d. All screening must be a minimum of six feet high.
e. All dumpsters must be placed on a hard surface, of adequate size to
accommodate the dumpster and garbage trucks.
f. This section shall apply to all existing and future development within the city. For
new development, the location of these dumpsters shall be shown on the
approved site plan.
g. All existing nonconforming dumpsters in the city shall be in compliance with these
regulations no later than six months from the effective date of this section.
h. Dumpsters shall be located a minimum of 25 feet from a residential zoning
district, unless waived by the growth management director.
(c) Appeals. Appeals from decision of the city staff regarding dumpsters are subject to the
jurisdiction of the BZA. Appeals shall be filed as provided in section
Sec. 195. Recycling containers.
(a) Multifamily residential recycling storage areas. All multifamily residential projects
of ten or more units shall provide storage areas for recycled materials.
(1) Location. Storage areas shall be located within the multifamily structure or
structures or as part of the area containing garbage disposal facilities.
(2) Circulation. Recyclable collection areas shall be located so as to avoid
excessive maneuvering by vehicles picking up the materials.
City of Palm Beach Gardens/Land Development Regulations
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(3) Setback. Collection areas shall be located a minimum of 25 feet from
residential zoning districts.
(4) Screening. Unenclosed collection areas shall be screened in the same manner
as a dumpster.
(5) Exemptions. Multifamily buildings that receive curbside recyclable materials
collection service at least once a week are exempt from these requirements.
(6) Minimum area. Multifamily dwellings, unless exempt as provided herein, shall
provide the amount of storage area listed below in Table
Table
Minimum Multifamily Recyclable Storage Area Requirements
Number of Dwelling Units
Minimum Storage Area
10-30
40 square feet
31 -99
100 square feet
100- 159
160 square feet
160-240
240 square feet
More than 240
240 square feet plus one square
foot for each dwelling in excess
of 240
(b) Alternative compliance. An alternative to the required collection area may be
proposed. The alternative plan shall be reviewed by the Solid Waste Authority of Palm
Beach County (SWA) and approved by city.
(c) Existing buildings. Installation of materials collection areas at existing multifamily
dwellings is encouraged. Multifamily dwellings subject to substantial renovation shall
provide the materials collection areas as provided herein. The growth management
director may authorize the use of existing parking spaces as a locations for collection
areas. Reduction of parking for this purpose shall not require a variance.
Sec. 196. Use of buildings as sales models.
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(a) Sales models permitted. A builder, contractor, or developer may use any building
within any zoning district as a sales model. Use of a building as a sales model is
contingent upon issuance of a certificate of occupancy and compliance with this section.
(b) Purpose. A building shall be used as a sales model solely for the purpose of the sale of
similar buildings and land sites by the builder, contractor, or developer. The sales model
shall not be used as a construction office or general office. Construction equipment,
maintenance equipment, vehicles, materials, supplies, or records of any type shall not be
parked or stored temporarily or permanently on a model home lot or premises.
(c) Limits.
(1) Public improvements. Public access to sales models shall not be allowed until
substantial completion of roadway improvements to provide legal access to the
models, and subject to reasonable conditions by the city, the installation of water
and sewer services.
(2) Sale of services and materials. A sales model shall not be used as an area
for the sale of services by or for an interior decorator, or for storage or display of
bulk quantities of building products used for construction.
(d) Time limits. The time period that a building may be used as a model is indicated
below.
(1) Nonresidential zoning districts. There shall be no time limit for
nonresidential sales models in a commercial or industrial zoning district.
(2) Arterial street location. Sales models or model homes in a residential zoning
district that are located on a major arterial street are permitted for a period not to
exceed five years.
(3) Residential locations. When located within any residential zoning district and
the building does not front on a major arterial street, the time limit for residential
buildings to be used as a sales model is established by Table _.
Table
Time Limits for Sales Models in Residential Developments
Maximum Time
for Use as a
Sales Model
Percentage of
Improved Lots
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3 years
0 to 30
2.5 years
30 to 45
2 years
45 to 60
1.5 years
60 to 75
1 year
75 to 90
6 months
90 to 100
(e) Moratorium. If a residential building moratorium is enacted by the city, the time limits
in this section shall be tolled and the length of the moratorium shall not be included as
part of the limits in this section.
(f) Notice. The building official shall notify in writing the builder, contractor, or developer
that a structure may be used as a sales model. The written notice shall include the details
of the approval, including date of issuance, property address, and name of the property
owner. Information regarding sales models shall be retained in a permanent log to be
maintained by the building official.
Subdivision IV.
Parking and Storage of Commercial Vehicles, Boats, Buses
Trailers and Trucks
Sec. 197. Parking and storage of commercial vehicles, boats, buses, trailers, and
trucks.
Purpose. The purpose of this division is to preserve the quality of residential areas in
the city by restricting and regulating the parking and storage of certain vehicles, trailers,
recreational vehicles, and watercraft in residential districts.
Sec. 198. Definitions.
Definitions. When used in this division, the words, terms, and phrases set forth below shall
have the meanings ascribed to them in this section, except where the context clearly indicates a
different meaning. Words, terms, or phrases which are not defined in this section shall be
ascribed the meaning which may be provided by state statue, as amended from time to time.
When a term is defined by both state statute and this section, the definition provided in this
section shall prevail.
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Bus means any vehicle, whether public or private, designed for carrying, with or without
compensation, more than ten passengers.
Commercial vehicle means any agricultural, construction or industrial equipment; any motor
vehicle upon which advertising markings have been affixed which occupy in excess of three
square feet per side; any motor vehicle having a carrying capacity of more than one ton; any
motor vehicle to which has been added a platform rack or other similar apparatus designed for
carrying property or cargo, but excluding a standard luggage rack; any pickup truck to which has
been added a cargo box, or similar carrying device, which is located outside the flatbed portion of
the vehicle, or which is located within the flatbed portion but exceeds the height of the cab
portion of the vehicle; any motor vehicle equipped with a hoist or other similar mechanical
equipment. The term may include, but is not limited to, a bus, step van tractor, trailer,
semitrailer, or semitruck, as those terms are defined herein.
Pickup truck means any motor vehicle designed primarily for the transportation of property or
cargo within a permanently attached open cargo box and having a carrying capacity of one ton or
less. A pickup truck which is equipped with a standard flatbed topper which does not exceed the
height of the cab portion of the vehicle by more than 12 inches shall not be considered a
commercial vehicle.
Recreational vehicle (RV) means a vehicle which is designed, constructed, or equipped as a
dwelling place, living quarters, or sleeping place, whether temporary or permanent, and which
may be used on public roadways. Such a vehicle may include those which are motorized, as well
as those which are designed to be mounted on or drawn by another vehicle. The term
"recreational vehicle" may include, but is not limited to, a travel trailer, camping trailer, camper,
truck camper, motor home, motor coach, park trailer, mobile home, or other such vehicle type.
Residential district means an area zoned residential according to the land development
regulations of the city.
Semitrailer means any vehicle designed to be coupled to or drawn by a motor vehicle and
constructed so that some part of its weight and that of its load rests upon or is carried by another
vehicle.
Semitruck means any motor vehicle designed, intended, or used to draw a semitrailer.
Step van means any motor vehicle having a generally rectangular bulk, designed and
manufactured primarily as a commercial delivery or service truck, and characterized by having
sufficient headroom for an adult six feet in height to stand upright.
Tractor means any vehicle, whether motorized or towed, designed and used primarily for
agriculture, landscape, or other land maintenance purposes.
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Watercraft means any vessel, whether motorized or not, designed, constructed, or used for
transportation or recreation on the water. The term "watercraft" is intended to include, but is
not limited to, all forms of a boat, sailboat, motorboat, canoe, and personal watercraft such as a
jet -ski.
Sec. 199. Parking and storage restrictions for commercial vehicles.
Restrictions. All commercial vehicles shall be prohibited from being parked or stored in a
residential district, unless subject to one of the exceptions listed in this division.
Sec. 200. Exceptions for commercial vehicles.
Exceptions. The parking and storage restrictions established in section shall not apply in
the situations listed below.
(a) Construction sites. Restricted vehicles parked temporarily at a site undergoing
construction, for which a current and valid building permit has been issued by the city.
The restricted vehicle may remain at the construction site only as long as necessary.
However, under no circumstances shall the restricted vehicle remain after completion of
the construction or expiration of the building permit, whichever occurs first.
(b) Sales office use. The use of a restricted vehicle as a sales office on an approved
development site, subject to all provisions of this chapter pertaining to such use.
(c) Security. The use of a restricted vehicle as a security facility, subject to all provisions of
this chapter pertaining to such use.
(d) Deliveries and service calls. The use of a restricted vehicle for deliveries, service
calls, and other related trade services, provided such use is limited to the reasonable time
necessary to complete a delivery or service.
(e) Disabled vehicles. A restricted vehicle which becomes disabled and, as a result of such
status, cannot reasonably comply with this division. Such vehicle shall be removed from
the residential district within 24 hours of the disabling incident, regardless of the nature of
the disabling incident.
(f) Public safety. A restricted vehicle which is owned, maintained, or operated by an
agency of government for the purpose of public safety.
(g) Enclosed parking. A restricted vehicle which is parked or stored in a fully - enclosed
garage facility.
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(1) A restricted vehicle which is parked or stored on the side or rear yard of a lot,
provided it is parked in compliance with the buffering and screening conditions
set forth ins section
Sec. 201. Recreational vehicles and watercraft.
(a) Limit. Not more than one recreation vehicle (RV) and one watercraft shall be permitted
on each lot.
(b) Location.
(1) Location. The RV or watercraft shall be parked or stored on the side or rear
yard of a lot. No portion of the RV or watercraft may extend into the front yard
of any lot, nor shall any portion extend into any sidewalk, street, or other right -
of -way. At no time shall access to the rear of a lot be blocked or impeded by an
RV or watercraft.
(2) Dimensions. Parking areas for recreational vehicles and watercraft shall be large
enough to accommodate the individual vehicle or vessel. However, the
minimum parking area shall be 10 feet by 18.5 feet.
(c) Buffering and screening. The RV and watercraft shall be properly screened. Proper
buffering and screening requires blocking the RV or watercraft from direct view from all
sides; however, the area providing ingress and egress for the RV or watercraft to and
from the lot is not required to be screened. Blocking or screening shall be accomplished
by a masonry wall or fences, as well as dense hedge planting. The use and maintenance
of screening materials shall, at all times, comply with all provisions of this chapter. The
hedge materials used for screening purposes shall be maintained at least six feet in height
above finished grade within 24 months after planting. The hedge materials used for
screening purposes shall be at least three feet high above finished grade at planting.
(d) Vehicle height. The height of the RV or watercraft, in its parked or stored position,
shall not exceed the height of the principal building on the lot.
(e) Loading and unloading. An RV or watercraft may be permitted in the front yard of a
lot for one 24 -hour period to permit loading or unloading.
(f) Residential use prohibited. Under no circumstances shall an RV or watercraft,
parked or stored pursuant to this division, be used for temporary or permanent
residential purposes, including living, sleeping, or other similar occupancy, or storage in
any manner.
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(g) Watercraft and trailers. For the purposes of this division, when a watercraft is
parked, stored, or resting on a trailer or similar device used or intended for storage or
transportation, the watercraft and the trailer shall be considered a single unit and subject
to the regulations and restrictions applicable to a watercraft.
Sec. 202. Valid nonconforming use.
(a) Registration and eligibility. The city shall issue nonconforming use registration
decals according to the guidelines established below.
(1) Eligibility. A RV or watercraft shall be eligible for a nonconforming use
registration decal only if such vehicle or craft has been continuously owned by a
resident of the city since August 18, 1995, and has been parked or stored
continuously in the front yard of a lot owned, rented, or leased by that resident
located in a residential district of the city since August 18, 1995. A renter or
lessee shall also be required to submit a written approval from the property
owner, fully executed and notarized, that the property owner consents to the
issuance of the registration decal.
(2) Proof. The city may require proof sufficient to establish conformity with the
eligibility requirements set forth herein.
(3) Registration decals. Registration decals shall be made available through May
15, 1998. The city may charge a fee to issue such permit. Eligibility for a
nonconforming use registration decal shall automatically expire May 16, 1998.
(4) Renewal. Recipients of a registration decal must continuously renew such
registration on an annual basis. Failure to timely renew a registration shall result
in termination of the registration. Terminated registrations shall not be reinstated.
(5) Recordation. The city shall record in the public records of the county evidence
of the nonconforming use registration, as well as the rules regarding transferability
to subsequent property owners. All costs incurred for such recordation shall be
the responsibility of the recipient of the registration decal.
(b) Transferability. The conditions listed below shall apply to transferability of a valid and
continuously renewed registration.
(1) Real property. Registration may not be transferred to a subsequent purchaser
of the property.
(2) RV or watercraft. Registration may not be transferred to a subsequent
purchaser of the registered RV or watercraft.
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(3) Replacement. If an owner replaces a registered RV or watercraft, the
registration may be transferred to the replacement RV or watercraft.
(4) Residence change. If the owner moves to a different location in a residential
zoning district in the city, registration of a RV or watercraft may not be maintained
at the new location.
(c) Restrictions and guidelines. Parking and storage of a validly - registered RV or
watercraft shall be subject to the restrictions and guidelines listed below.
(1) Visibility of decal. The registration decal must be permanently affixed and
displayed so as to be visible from the adjoining right -of -way.
(2) Parking surface. The RV or watercraft shall be parked on a nondusting,
hardwearing surface, including but not limited to, concrete, asphalt, brick, stone,
or gravel. Parking on exposed shell rock is prohibited.
(3) Front yard parking. An RV or watercraft parked or stored in a front yard shall
be situated perpendicular to the adjacent right -of -way. RVs or watercraft parked
or stored on corner lots may be located on either street side of the residence.
Parking or storage of an RV or watercraft parallel to the front property line of a lot
shall be prohibited except where a curved or circular driveway exists. A RV or
watercraft shall never extend in to any street right -of -way or sidewalk. A RV or
watercraft shall not block or impede access to the rear of a lot.
(4) Florida registration. At all times, a RV or watercraft parked or stored
pursuant to this division shall display a valid Florida registration plate, or sticker,
whichever is applicable.
(5) Maintenance. At all times, a RV or watercraft parked or stored pursuant to this
division shall be maintained in good and operable condition. Construction,
reconstruction, or repair of a RV or watercraft shall not be permitted while the
vehicle or craft is parked or stored in the front yard.
(6) Traffic hazard. Notwithstanding its registration as a nonconforming use, a RV
or watercraft shall not be parked or stored in a manner which may present a
traffic hazard or pose a threat to public health or safety.
(d) Waiver.
(1) Waiver permitted. Recognizing that the strict application of the requirements
of this division may work an undue hardship on certain persons, a waiver from
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the strict application of this division may be granted by the zoning board of
appeals.
(2) Petition for waiver. A written petition for a waiver shall be filed by the owner
of the vehicle or watercraft with the growth management director. The BZA
shall conduct a public hearing within 15 days to review the petition. As a basis for
approval, the board must find that the requested parking or storage of the subject
RV or watercraft will:
a. be consistent with the general character of the neighborhood considering
population density, intensity and character of activity, and traffic and parking
conditions; and
b. not be a detriment to the use, enjoyment, economic value or development of
surrounding properties or the general neighborhood.
Sec. 203. Enforcement.
Compliance. Compliance with this division shall be enforced through and by the code
enforcement division. The code enforcement division is authorized to remove noncompliant
vehicles and watercraft pursuant to the provisions of state law.
Subdivision IV.
Bicycle Parking
Sec. 204. Intent.
Intent. The bicycle parking requirements established in this division are intended to encourage
the use of bicycles as a means of transportation in the city. By encouraging the use of bicycles, the
public health, safety and welfare will be furthered through improved air quality, reduced energy
consumption, and more efficient use of vehicular parking facilities.
Sec. 205. Location requirements.
Location. All bicycle parking facilities provided to satisfy the requirements of this division shall be
located on the same lot or building site as the uses they serve. Bicycle parking shall be located as
close as is practical to the entrance to the use served, but situated so as not obstruct the flow of
pedestrians using the building entrance or sidewalk.
Sec. 206. Design requirements.
Design. Bicycle parking facilities shall be designed as provided below.
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(a) General design standards. All bicycle parking facilities shall be of at least class III
design, as defined in section_, and shall be anchored so as to avoid or deter easy
removal. All such facilities shall be clearly identified as available for bicycle parking.
Wherever the design of the building or use being served by the bicycle parking facility
includes covered areas which could accommodate such facilities, either as proposed or
through economical redesign, covered bicycle parking shall be encouraged.
(b) Dimensions. All bicycle parking spaces shall be not less than two feet wide and six feet
long.
Sec. 207. Number of spaces required.
Minimum standards. The following uses shall be required to provide bicycle parking in
accordance with the minimum standards as listed in Table
Table
Minimum Standards for Bicycle Parking
Use
Amusement parlors
Percent of Required
Vehicular Parking Spaces
15
Bowling lanes
10
Child care centers
10
Community centers
15
Game rooms
20
Libraries
15
Recreation, outdoor
20
All commercial uses not listed
5
All institutional uses not listed 1
5
Sec. 208. Reduction or waiver of requirements.
Reduction or waiver. The city council may reduce or waive the requirements in this division
if it determines there is insufficient need for the amount of bicycle parking required under this
division.
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Division IX.
Subdivisions
Subdivision 1.
Generally
Sec. 209. Policy.
(a) Comprehensive plan. The subdivision of land and the subsequent development of
the subdivided property shall be consistent with the city's comprehensive plan.
(b) Concurrency. Any subdivision of land, as defined in these regulations, shall comply
with the concurrency requirements of section
(c) Other requirements. This chapter shall supplement and facilitate the enforcement of
the provisions and standards contained in the city's building and housing codes, the land
development regulations, and the capital facilities element of the city's comprehensive
plan. The standards and provisions of this division shall apply equally to the subdivision of
land and creation of boundary plats.
(d) Prior subdivisions. Land that has been subdivided prior to August 18, 1994, should,
whenever possible, be brought into conformance with the standards of this division.
Sec. 210. Purpose and intent.
Purpose and intent. The purpose and intent of this division is to protect the public health,
safety, and welfare by ensuring compliance with the standards and criteria listed below.
(a) Health, safety, and welfare. Protect and provide for the public health, safety and
general welfare of the city.
(b) Future growth. Assist with guiding the future growth and development of the city
consistent with the adopted comprehensive plan.
(c) Light, air, and privacy. Provide for adequate light, air, and privacy.
(d) Public safety. Secure safety from fire, flood, and other danger, and to prevent
overcrowding of the land.
(e) Orderly development. Protect the character of the city and encourage the orderly
and aesthetic development of the city.
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(f) Protect property values. Protect and conserve the value of land, buildings, and
improvements, and minimize conflicts among uses of land and buildings.
(g) Public facilities. Ensure the adequate and efficient provision of public facilities, such as
transportation, potable water supply, wastewater collection and treatment, drainage,
surface water management, solid waste, parks and recreation, are available concurrent
with impacts of development.
(h) Conflicts. Avoid traffic congestion on streets, and eliminate conflicts between
pedestrian and vehicular movements.
(i) Design standards. Establish reasonable standards of design and procedures for
subdivisions and resubdivisions in order to further the orderly layout and use of land, and
to ensure proper legal descriptions of subdivided land.
(j) Cost of new development. Ensure that new development will be required to bear its
fair share of the cost of providing the public facilities and services needed at the time of
development.
(k) Natural resource protection. Prevent the pollution of air and water resources;
ensure the adequacy of surface water management facilities; safeguard the groundwater
resources; and encourage the conservation, protection and management of natural
resources.
(1) Open space and recreation. Provide for open spaces and passive or active
recreation facilities through efficient design and layout of subdivisions.
(m) Prevention. Prevent the premature subdivision of lands, and partial or incomplete
subdivisions.
Sec. 211. Authority.
Authority. The city council is vested with the authority to review and approve, conditionally
approve, or deny subdivision plats.
Sec. 212. jurisdiction.
(a) Application. This chapter applies to all subdivisions of land, as set forth in article — of
this division and all lands which are the subject of an approved development order.
(b) Plat approval required. Land within the city shall not be subdivided or developed
through the use of any legal description, other than with reference to a plat approved by
the city council in accordance with this division.
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(c) Effective date. The requirements of this division are effective as of August 18, 1994.
All applications for subdivision approval which were accepted as complete prior to August
18, 1994, shall be subject to the requirements of the subdivision regulations in effect at
the time of submittal. However, the city council may determine that the application of
this division is necessary to avoid a substantial risk of injury to public health, safety, and
general welfare.
Sec. 213. Interpretations and conflicts.
(a) Interpretation. In their interpretation and application, the provisions of this division
shall be the minimum requirements for the promotion of the public health, safety, and
general welfare. The regulations in this division shall be construed broadly to promote
the purposes for which they are adopted.
(b) Conflict with other public provisions. This division is not intended to interfere
with, abrogate, or annul any other ordinance, rule or regulation, statute or other
provision of law, except as provided in this chapter. Where any provision of this division
establishes restrictions different from those established by any other provision of this
chapter or any other ordinance, rule, regulation, or other provision of law, the provision
which is more restrictive or imposes higher standards shall control.
Sec. 214. Variances.
Variances. Requests for a variance from one or more provisions of this division shall be
reviewed by the BZA pursuant to section
Sec. 21 S. Enforcement, violations and penalties.
(a) Enforcement and prohibited acts. Violations of this division shall be enforced as
provided in section
(b) Prohibited acts.
(1) Plat approval required.
a. It shall be unlawful to transfer or sell any parcel of land located in a proposed land
development project or subdivision before a plat of the project or subdivision has
been approved by the city council and recorded with the clerk of the circuit court
of the county.
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b. If a parcel of land is to be developed other than as a subdivision, a boundary plat
shall be prepared, approved by the city council, and recorded with the clerk of
the circuit court of Palm Beach County.
All applicable permits and required agreements from other agencies to undertake the proposed
land development shall be obtained prior to presenting a proposed plat for approval by the city
council.
c. Any plat or plats for a
proposed development or
Current procedure is to require plat
subdivision must be
approval prior to certificate of occupancy
approved by the city
(CO). City engineer desires approval prior
council prior to issuing a
to building permit. Which should be
building permit to
utilized?
commence site
construction.
(2) Metes and bounds. The subdivision of any lot or any parcel of land by the use
of metes and bounds description for the purpose of sale, transfer, lease, or
development is prohibited.
(3) Permits and certificates of occupancy. Building permits or certificates of
occupancy shall not be issued for the construction or occupancy of any building
or structure located on a lot or plat subdivided or sold in violation of this division.
(4) Recordation. A boundary plat or plat of a subdivision shall not be offered for
recording by the clerk of the circuit court of the county until the plat has been
approved by the city council and signed by the city engineer.
(5) Misrepresentation. A property owner or agent for the property owner shall
not falsely represent to a prospective purchaser of real estate that roads and
streets, wastewater systems, water supply systems, surface water management
facilities, or other public facilities will be built, constructed, or maintained by the
city.
(c) Remedies. Violation of this division shall be enforced pursuant to section Each
day the violation continues shall constitute a separate offense. The city council shall have
recourse to other remedies in law and equity as may be necessary to ensure compliance
with this chapter.
Sec. 216. Exceptions.
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Exception. The division of land into parcels of more than ten (10) acres not involving the need
to create any new access, change in existing access, public easements, utility easements, or public
infrastructure improvements is not to be deemed a subdivision within the meaning of these
regulations.
Subdivision 11.
Application Procedure and Approval Process
Sec. 217. General application procedure.
(a) Plan and plat approval required. Before any land is subdivided, the owner of the
property proposed to be subdivided or owner's authorized agency shall apply for and
secure approval of the items listed below:
(1) subdivision plan;
(2) construction plans; and
(3) plat.
(b) Coordination with other development order applications. Plat approval of the
subdivision of land shall be required whenever an application for development approval
includes or anticipates the subdivision of land. Upon city council approval of a PUD,
PCD site plan, conditional use, or other development order necessitating a subdivision,
an applicant shall proceed with the preparation of the plat and construction plans for the
area to be subdivided, as described in these regulations, unless modified by the city
council for a PUD or PCD.
(c) Boundary plat required. All lands
not otherwise subdivided which are the Current procedure is boundary plat
subject of an approved development approval prior to CO. City engineer wants
order shall be designated by a to use building permit. What should be
boundary plat. The boundary plat shall utilized?
be approved by the city council and
placed in the official records of the
county prior to issuance of a building permit for the subject property.
Sec. 218. Concurrency.
Concurrency. All applications for subdivision approval shall comply with the concurrency
requirements of section
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Sec. 219. Pre - application conference.
Pre - application conference required. Before preparation of subdivision plan, an applicant
shall meet with the growth management department to review a proposed development, the
procedure for approval of the proposed subdivision, applicable regulations, and the proposed
installation of public facilities and improvements such as streets, water supply, wastewater
collection and treatment, drainage, surface water management, and parks and recreation facilities.
Sec. 220. Subdivision plan review and approval process.
(a) Application procedure and requirements. The applicant shall submit for approval a
subdivision plan to the department pursuant to section
(1) The applicant shall submit the required application form and information to the
growth management department, and the application shall be reviewed pursuant
to the schedule indicated in Table
Table
Development Review Schedule
Notes.
*Working days are Monday through Friday, excluding City holidays.
✓= Applicable DRC= Development Review Committee
BZA= Zoning Board of Adjustment MAX= Maximum
- -= Not Applicable MIN= Minimum
P &Z= Planning and Zoning Commission
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NUMBER OF
ACTION
WORKING DAYS*
Pre - Application
Meeting
—
Submit
Application
—
Completeness
Review
MAX 7
Staff
Decision
MAX 14
DRC Review
MIN 14
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DRC
Decision
MAX 14
Planning and
Zoning
MIN 7
Commission
Meeting
City Council
Workshop/
MIN 23
Meeting
City Council
Meeting
MINI 0
(2) Public meetings. All applications for development orders to consider a
subdivision request shall be subject to an advertised public hearing by the planning
and zoning commission and the city council. Prior to scheduling a public hearing,
the growth management department staff may schedule one or more workshops
to review the application with the planning and zoning commission or city
commission.
(3) Joint workshops. The growth management director may schedule a joint
planning and zoning commission /city council workshop to review any request for
approval of a subdivision of such size, nature, or complexity as to require timely
consideration and direction from both bodies.
(b) Planning and Zoning Commission meetings or workshops.
(1) Meetings or workshops. The planning and zoning commission shall consider
the comments and recommendations from the development review committee
and growth management department staff at a public meeting or one or more
workshop meetings.
(2) Request for additional information. When an application is considered by
the planning and zoning commission at a workshop or public meeting, additional
information regarding the application may be requested. The requested
information shall be submitted by 12:00 noon at least ten working days, excluding
holidays, prior to next scheduled planning and zoning commission meeting.
When the additional information requires the review of any development review
committee member, the information shall be submitted by 12:00 noon at least
12 working days, excluding holidays, prior to the next scheduled planning and
zoning commission meeting. At the meeting when the additional information is
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requested, the response period may be reduced to ten working days, excluding
holidays, by the planning and zoning commission.
(3) Public meeting. After completion of a workshop, if scheduled, to consider an
application, the growth management department staff shall schedule a public
meeting to consider the application.
(c) Record of proceedings. The planning and zoning commission shall hold a public
meeting and shall prepare a record of the proceedings on each application for approval of
a subdivision. The record shall be filed in the growth management department and shall
be a public record.
(d) Transmission of recommendation to city council. For each application for
subdivision approval, the planning and zoning commission shall act as indicated below.
(1) Recommendations. Adopt a recommendation to approve, deny, or approve
with conditions. The recommendation shall be transmitted to the city council.
(2) Approval. Approve, deny, or approve with conditions those development
order applications subject to their jurisdiction.
(e) City council consideration
(1) Workshop meeting. The city council may consider the comments and
recommendations from the planning and zoning commission, the growth
management department staff, and the development review committee staff at
one or more workshop meetings.
(2) Request for additional information. When an application has been
considered by the city council at a workshop or public meeting, additional
information regarding the application may be requested. The requested
information shall be submitted by 12:00 noon at least ten working days, excluding
holidays, prior to the next scheduled city council meeting. When the additional
information requires the review of any development review committee member,
the information shall be submitted by 12:00 noon at least 12 working days,
excluding holidays, prior to the next scheduled City council meeting. At the
meeting when the additional information is requested, the response period may
be reduced to ten working days by the city council.
(3) Public meeting. After completion of a workshop or workshops to consider an
application, the growth management department staff shall schedule a public
meeting to consider the application.
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(4) City Council decisions. Following the required public meeting or meetings,
the city council shall approve, deny, or approve with conditions all applications for
subdivision approval. For any action, the decision shall be adopted in resolution
form. The resolutions adopted hereunder shall indicate the following:
a. the city council decision;
b. the reasons supporting the decision;
c. a statement that the approval included reliance on all representations made by
the applicant or applicant's agents at any workshop or public hearing;
d. all conditions of approval included within the decision; and
e. specific reference to all documents, including but not limited to the name of
preparer, title of the document, and date of preparation, of all studies, subdivision
plans, plats, and materials which are the basis of or are to implemented as part of
the development order approval.
(f) Denial. If the subdivision plan was denied by the city council, a copy of the plan shall be
returned to the applicant with reasons supporting the action of the city council within ten
working days from the date of the final city council meeting at which the plan was
reviewed. The applicant will have the option of revising the plan or submitting a new plan
for review. Substantial changes to the revised plan or the submittal of the new plan shall
require review by the planning and zoning commission and the city council.
(g) Effective period of subdivision plan approval. Unless extended by the city council
as provided in subsection (c) of this section, the approval of a subdivision plan shall be
effective for a period of 24 months from the date that the plan is approved by the city
council.
(1) Required submissions. Prior to the expiration of the 24 months, the applicant
must have submitted construction plans and plat for approval and secured the first
building permit.
(2) Failure to submit. If construction plans and plat are not submitted for approval
and the first building permit is not secured within the 24 -month period, the
subdivision plan approval shall be null and void. If a subdivision plan is
determined to be null and void, the applicant shall be required to submit a new
subdivision plan for review subject to existing zoning and subdivision regulations.
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(h) Extensions of time. Prior to the expiration of the 24 -month approval period, an
applicant may apply for a time extension by filing an application with the growth
management department in accordance with the procedures established in section
(i) Zoning and subdivision regulations. A subdivision plan shall conform to the zoning,
subdivision, and other land development regulations applicable at the time the proposed
plan is submitted for the approval of the city. All property being subdivided shall have the
appropriate zoning designation for the land uses being proposed.
Sec. 221. Construction plans review and approval process.
Construction plans. Upon approval of the subdivision plan by the city council, the applicant
shall submit construction plans pursuant to subsection _. The construction plans must be
submitted prior to or simultaneous with the plat, as described in section
Sec. 222. Plat review and approval process.
(a) Generally. Where proposed development includes the subdivision of land or land
development requires a boundary plat, the final approval of a subdivision plan or
development permit application shall be made contingent upon subsequent approval by
the city council of a plat, as applicable, conforming to the approved subdivision plan.
(b) Application requirements. During the effective period of the subdivision plan
approval or development order, the applicant shall file with the city an application for
approval of a plat. The application shall include the items and information listed below
and summarized in Table
(1) Application form. Application forms as provided by the growth management
department.
(2) Fee. Payment of the required fee.
(3) Area included. Indicate the entire subdivision or phase thereof which derives
access from an existing state, county, or city street or highway.
(4) Copies. The required number of copies of the plat shall be provided as
indicated in Table
(5) Compliance. Comply in all respects with the approved subdivision plan.
(6) Surety. The development order and surety, if required, shall be provided in a
form satisfactory to the city engineer, city attorney, and city manager in an
amount established by these regulations.
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(7) State law. Demonstrate compliance with Chapter 177, Florida Statutes.
(8) Additional information. Provide, in a form acceptable to the city engineer,
the following documents:
a. a certificate of cost estimate prepared by a registered engineer; and
b. a certificate from the city and county showing up -to -date payment of city and
county property taxes, and an absence of any outstanding city or county liens,
assessments, or other county taxes against the property.
(9) Inspection fee. Payment of an inspection fee in the amount established by the
city council.
(10) Permits. Provide evidence of all permits or agreements that authorize the
construction of all required improvements.
Table Need numbers from staff.
Platting Application Requirements
Application Requirement
Number
Required
Application Form
Authority
Certificate of Cost Estimate
Certificate(s) of Payment of
City and County Taxes
Fees (Application, Inspection,
etc.)
Permits or Agreements from
Other Governmental
Agencies
Plat Maps
Statements of:
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■Compliance with
Subdivision Plan
---- - - - - --
- - - - --
■Compliance with Chapter
177, Florida Statutes
— — — — — — — — — —
— — — — — —
■Compliance with Land
Development Regulations
Subdivision Plans
Surety
(c) Standards for approval of plats. The purpose of this subsection is to set forth the
standards and criteria that the city shall consider in determining whether to approve or
deny an application for plat approval. A plat for a proposed subdivision or boundary plat
for a proposed development permit shall not be approved unless the application complies
with the standards and criteria listed below.
(1) Compliance. The application complies with the requirements of these
regulations regarding the form and content of the plat, timely submittal, offers of
dedication, and requirements of the development order.
(2) Compliance with state law. The application complies with the requirements
of Chapter 177, Florida Statutes, regarding the form and content of plats offered
for recording prepared by a land surveyor licensed in the state. If the city chooses
to verify the survey data shown on the plat, the city shall utilize a surveyor at the
expense of the applicant.
(3) Surety. Adequate surety has been provided in a form acceptable to the city
engineer and city attorney for the completion of required improvements in
accordance with article _ of this chapter.
(4) Land development regulations. The application complies in all respects to
the requirements of the land development regulations of the city.
(5) Subdivision plan. The plat conforms to the approved subdivision plan.
(d) Submission and review.
(1) Copies. Four copies of the plat on paper, electronic medium, or other medium
authorized by the city engineer and growth management department, shall be
submitted to the growth management department.
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(2) Fee. A check payable to the clerk of the circuit court of the county, in the
amount of the current filing fee, shall be provided.
(3) Review. The plat shall be reviewed by the department and the development
review committee to determine that the plat meets the requirements of this
division. Upon determination by the department that the plat meets the
requirements of this division, an original mylar of the plat, pursuant to Chapter
177, Florida Statutes, shall be transmitted to the city council for approval.
(e) Boundary plat. A boundary plat shall be reviewed and approved as provided in this
subdivision. In addition to other required information, at a minimum, a boundary plat
shall contain the information listed below.
(1) Boundary. Proposed boundaries of the plat.
(2) Access. Legal access to the parcel and all easements interior to the parcel.
(3) Easements. Utility, drainage, and other easements necessary for required
improvements.
(4) Water management. Water management tracts.
(5) Phasing. Phasing lines or tracts affecting the parcel.
(6) Encumbrances. Any encumbrances of record affecting the parcel.
Sec. 223. Signing and recordation of plat.
(a) Signing of plat. Signing of the subdivision plat or boundary plat is subject to the
provisions listed below.
(1) City engineer. The city engineer shall sign the final plat prior to the mayor.
(2) Mayor's signature. The mayor shall endorse approval on the plat after all the
conditions of the approval of the plat have been satisfied.
(3) Required improvements. When installation of improvements is required
prior to recordation of the plat, the mayor shall endorse approval on the plat after
all applicable conditions of the development order have been satisfied and all
improvements satisfactorily completed. There shall be written evidence that the
required improvements have been installed in a manner satisfactory to the city as
evidenced by certificate of completion signed by the applicant's engineer and
approved by the city engineer.
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(b) Submission of digital files.
(1) Electronic media. Prior to plat recordation, the property owner or owner's
engineer shall submit on city- approved electronic media digital files for final
construction plan data and final plat survey data. The files provided to the city shall
show all final plat survey data and line annotation, including, but not limited to the
following:
a.
lots;
b.
roadways;
c.
easements;
d.
preserve areas;
e.
buffer areas;
f.
maintenance areas; and
g. other specified information which appears on the map portion of the plat.
The files shall also contain all final construction plan data as stated above. The
coordinate positions within this file are to be rotated and translated to State Plane
Coordinates in the North American Datum of 1983 /adjustment of 1990 (NAD
83/90) Florida East Zone, or currently approved datum, based upon the required tie -
in to geodetic control.
(c) Recordation of plat.
(1) Execution. The mayor and city engineer shall execute the original plat.
(2) Filing. The city clerk shall file the plat in accordance with Chapter 177, Florida
Statutes.
(d) Phasing of plats. Prior to granting final approval of the plat, the city may permit the
plat to be divided into two or more phases. The city council may impose such conditions
upon the filing of the phases as it may deem necessary to ensure the orderly
development of the plat. The city may require that the development order and surety
be commensurate with the phases of the plat to be filed and may defer the remaining
amount of the surety until the remaining phases of the plat are offered for filing.
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(e) Plat preparation. A plat shall be prepared by a land surveyor licensed in the state
pursuant to Chapter 177, Florida Statutes. Four paper prints of the plat shall be submitted
for initial review. Upon revision, one mylar of the revised plat shall be submitted for
signatures and recordation.
Sec. 224. Submission requirements for subdivision approval.
(a) Application. Applications for subdivision plan approval shall submit the information as
required in Table and described herein.
(1) Application. Application form as provided by the growth management
department.
(2) Area location map. Located on the front cover sheet of the subdivision plan,
indicating the following:
a. general vicinity or location map drawn to scale. both stated and graphic;
b. the position of the proposed development in the section, township, and range;
and
c. the principal roads, city limits, and other pertinent orientation information as may
be required by the city engineer or growth management department.
(3) Authority. A statement of the applicant's interest in the property and:
a. If joint and several ownership, a written consent to the application by all owners
of record;
b. If a contract purchase, written consent of the seller or owner;
c. If an authorized agent, a copy of the agency agreement or written consent of the
owner;
d. If a lessee, a copy of the lease agreement and written consent of the owner;
e. If a corporation, partnership, or other business entity, the name of the officer or
person responsible for the application and written proof that the representative
has authority to represent the corporation, partnership, or business entity, or in
lieu thereof, written proof that such representative is in fact an officer the
corporation; or
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f. If a group of contiguous property owners, all the owners of the property
described in the application must provide written consent.
(4) Subdivision plans. Subdivision plans submitted pursuant to this section shall
contain the information listed below and summarized in Table . The
subdivision plan shall be prepared in sufficient detail to illustrate the proposed
development such that, once approved, the plan can be used as a basis for the
preparation of construction plans and plat.
a. All plans shall be drawn to a scale that is sufficient or necessary for proper review
of the proposal.
b. A description of the future land use and zoning designations and boundaries, and
development characteristics surrounding the site of the proposed development.
c. A statement indicating the consistency of the proposed land uses with the future
land use plan and zoning designations.
d. The front cover sheet of each plan shall include:
1. a complete legal description of the property;
2. the area of the property shown in acres;
3. the name, address and telephone number of the applicant; and
4. the name, business address, and telephone number of those individuals
responsible for the preparation of the drawings.
e. Each sheet shall contain a title block with the name of the development stated
and graphic scale, a north arrow, and date.
f. Boundary survey.
g. Physical and environmental conditions.
1. Existing contours at one -foot intervals based on field surveys or
photogrametric surveys using county data for the tract to be subdivided and
extending a minimum of 100 feet beyond the tract boundary.
2. Identification of on -site soils using the U.S. Soil Conservation Service
classification system.
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3. The anticipated wet season water table, as determined by a registered
engineer.
4. The location, depth, and extent of all soils defined as unsuitable for
development where development is proposed to encroach into those areas,
as determined by a registered engineer.
5. Identification of all native habitats and environmentally significant areas,
including but not limited to freshwater marsh, cypress domes and strands and
wetland hardwood vegetative communities. Wetland jurisdictional boundaries
should be shown. All identified conservation areas which are to be retained
will be shown and noted as a "conservation easement.
6. The 100 -year flood elevation data for the proposed development site as
indicated on the flood insurance rate map (FIRM), prepared by the Federal
Emergency Management Agency. Where the 100 -year flood elevation has
not been established, the applicant shall conduct the necessary drainage basin
studies to establish the 100 -year flood elevation to the satisfaction of the city
engineer.
h. Names of all abutting subdivisions and location of adjoining platted lots and parcel
lines within 100 feet. Identification of all abutting unplatted property.
L Existing roads, utilities, drainage, easements and improvements, including
buildings located within 100 feet of the boundaries of the site.
j. The proposed residential, commercial and industrial land use types, development
density and intensity, and minimum lot size. If residential, the number, height and
type of residential units.
k. Lot design, including the following:
1. total number of lots;
2. lots, drawn to scale, and typical lot dimensions;
3. tracts for multifamily development; and
4. setbacks from streets and highways.
I. Approximate phasing and acres in each phase of the project, if applicable.
City of Palm Beach Gardens/Land Development Regulations
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m. Location of all sites for multifamily, commercial, industrial, utility, institutional, or
recreational uses, and other public and nonpublic uses exclusive of single - family
residential lots.
n. Required improvements, including the information listed below.
1. The name, location. and right -of -way width of all existing streets, rights -of-
way and platted streets within 500 feet in each direction of the proposed
entrances to the proposed subdivision.
2. Proposed streets including:
(i) the name or temporary designation and right -of -way width;
(ii) typical design cross section indicating pavement type, width, drainage
features, sewer and water main locations, utility locations, and
sidewalks and bikeways;
(iii) separate cross sections for all entrance roads featuring medians, with
a note explaining maintenance and ownership responsibility;
(iv) any streets in the county thoroughfare improvement plan and the
comprehensive plan of the city; and
(v) proposed ownership and maintenance of streets.
3. Statement regarding any proposed vacation of rights -of -way or easements.
o. The proposed method and source of water supply and wastewater treatment
shall be shown. The subdivision plan shall show the points of connection to the
existing systems.
p. A stormwater management plan will be provided with a schematic diagram of the
proposed stormwater collection system, method of pollution control, and
stormwater retention and detention with preliminary calculations
The direction of flow for all surface drainage and existing storm sewers on or abutting the tract
shall be shown.
I. Proposed stormwater retention and detention areas shall be shown on the
plan.
2. Basin analyses for "pass through" drainage shall be provided, and for larger
development, the city engineer may require approval of a conceptual
environmental resources permit (ERP) from the South Florida Water
Management District.
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q. The location of landscape buffers or screening walls along external collector and
arterial roads, with landscape plans for entrance features, subdivision streets,
buffers and common areas in compliance with chapter .
r. The location and nature of any proposed shoreline vegetation alteration.
s. The location, width, purpose, and maintenance responsibilities for all proposed
easements, facilities, or rights -of -way other than for streets.
t. Compliance with chapter _ pertaining to natural resources and
environmentally significant lands, and other ordinances included in the land
development regulations.
u. Compliance with the comprehensive plan, including a determination the
subdivision plan complies with the city's concurrency requirements.
(5) Construction plans. Construction plans shall be prepared for required
improvements containing the minimum requirements as indicated below.
a. Complete horizontal control of the project sufficient to construct the project and
determine the dimensions of all site improvements.
b. Grading plan showing original and final contours at one -foot intervals. Final
contours may be omitted if sufficient information such as pad elevations and spot
elevations are provided to show final detailed elevations of all improvements
including the periphery of the property and areas around lakes and along
watercourses.
c. Plan showing the location and typical cross sections of street pavement including
the following:
1. concrete curbing, sidewalks, utility and drainage easements, rights -of -way,
manholes, and catch basins;
2. the location, size and invert elevations of existing and proposed wastewater
sewers and storm sewers; and
3. location and size of existing and proposed water, gas and other underground
utilities or structures.
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d. All specifications and requirements described in article IV, including a drainage
plan.
e. Engineering calculations in support of proposed plans and specifications. All
construction plans and supporting documents submitted to the city engineer for
review and approval shall bear the date, seal and signature of the engineer of
record responsible for the plans.
(6) Copies. The number of copies required in the submittal are indicated in Table
(7) Presentation of information. The information required may be presented
textually, graphically, or on a map, plan, aerial photograph, or by other means,
whichever most clearly conveys the required information. It is the responsibility
of the applicant to submit the information in a form that allows ready
determination of whether the requirements of this chapter have been met.
Table
Subdivision Application Need number of copies for application.
Requirements
Application Requirement
Number
Required
Application Form
Area Location Map
Authority
Boundary Survey
Construction Plans
Fees
Statements of:
---- - - - - --
■Concurrency
---- - - - - --
■Compliance with Chapter
177, Florida Statutes
- - - - --
- - - - --
Subdivision Plans
City of Palm Beach Gardens/Land Development Regulations
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Subdivision 111.
Assurance for Completion and Maintenance of Improvements
Sec. 225. Required subdivision improvements.
(a) Platting prior to completion of subdivision improvements. When platting is
proposed prior to completion of construction of required public infrastructure
improvements, the applicant shall submit a surety to the city in a form and in an amount
acceptable to the city, so as to guarantee construction of the required site landscaping,
entry feature, and public infrastructure improvements proposed for development,
including applicable fees. Any surety provided pursuant to this article shall be provided in
an amount equal to 110 percent of said improvements.
(b) Forms of surety. Acceptable forms of surety may include but are not necessarily
limited to the following:
(1) cash escrow;
(2) irrevocable letter of credit from a solvent financial institution authorized to do
business in the state; and
(3) any other form of surety acceptable to the city manager, city attorney, and city
engineer.
(c) Costs of improvements. Prior to the issuance of a building permit, all developers shall
post a surety in an amount determined by the city engineer to be sufficient to ensure that
required public improvements shall be completed if the developer does not or cannot
make the public improvements in accordance with the phasing plan established for a
development. Where allowed under state law, a special district to construct and finance
the construction of required public improvements may be formed. If a special district is
formed, the city shall not release the developer from obligations under the development
order nor shall the city release any surety, in whole or in part, until the special district has
sold bonds and provided an irrevocable guarantee acceptable to the city that the required
public improvements are funded and shall be constructed.
(d) Public improvements. Public improvements shall mean those improvements which
are for use by the public or constructed to serve a public need, regardless of the
ownership. Public improvements include the items listed below.
City of Palm Beach Gardens/Land Development Regulations
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(1) Drainage. Drainage or stormwater improvements.
(2) Streets. Streets and landscaping for public street.
(3) Streetscape. Streetscape improvements.
(4) Landscaping. Landscaping of public areas.
(5) Parking. Parking for public purposes.
(6) Site landscaping. Site landscaping, entry features, and similar aesthetic
improvements.
(7) Utilities. Public utilities.
(e) Governmental units. Governmental units to which these surety provisions apply may
file, in lieu of the surety, a certified resolution or ordinance evidencing the governmental
unit's compliance with this section.
(f) Failure to complete required improvements and remedies. If a development
order has been executed or surety posted, and required improvements have not been
installed within the terms thereof, the city may take any or all of the actions listed below.
(1) Declaration of default. Declare the development order or surety to be in
default and require that all of the required improvements be installed regardless
of the extent of development at the time of default.
(2) Utilize surety. Obtain funds pursuant to the surety and complete
improvements itself or through a third party.
(3) Assignment of rights. Assign its right to receive funds under the surety to any
third party, including a subsequent owner of the subdivision for which
improvements were not constructed, in whole or in part. Such assignment shall
be in exchange for that subsequent owner's binding commitment to complete
the required improvements.
(4) Other rights. Exercise any other legal or equitable rights or remedies available.
(g) Acceptance of dedication
offers. Formal offers of dedication Retains acceptance of dedication at time
to the city of rights -of -way, public resolution approved by city council .
areas, easements, parks and other
City of Palm Beach Gardens/Land Development Regulations
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tracts or parcels of land shall be shown on the plat and shall be deemed to have been
accepted by the city by resolution of the city council approving the plat. The city council
may require the plat to be endorsed with appropriate notes to this effect.
Sec. 226. Inspection of improvements.
(a) General procedure and fees. The city shall provide for the inspection of required
subdivision improvements and confirm their completion in accordance with all applicable
city standards, codes, requirements, and the certification of completion by the engineer
of record. The applicant shall pay the city the applicable inspection fee as determined by
the city. Building permits or certificates of occupancy shall not be issued until all fees are
paid. If the city engineer finds that any required improvement has not been constructed
in accordance with the city's codes, standards, or requirements, the applicant shall be
notified of the deficiency and shall promptly and properly complete the improvements.
The city may withhold the issuance of building permits and certificates of occupancy until
the improvements are properly completed.
(b) Release or reduction of surety.
(1) Certificate of
satisfactory Retains acceptance of the improvements by
completion. The city the city council, but only after approval by
council shall not accept the city engineer.
dedication of public
improvements or release
or reduce the amount of any surety posted by the applicant until the city engineer
has determined that all required improvements have been completed in
accordance with all applicable city codes, standards, or requirements.
Additionally, the city engineer must determine the documents listed below have
been received.
a. The applicant's engineer has certified to the city engineer that all improvements
are in compliance with construction plans and specifications for the subdivision.
The certification shall include "as -built drawings" prepared and certified by the
engineer of record or a land surveyor registered in Florida, and such other
completion documents as may be required by the city engineer.
b. A guarantee has been furnished to and approved by the city attorney, indicating
the public improvements can be dedicated to the city free and clear of any and all
liens and encumbrances, excluding any current real estate taxes for the current
year.
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(2) Reduction of escrowed funds and surety. If the applicant posted surety in
the form of a cash escrow, irrevocable letter of credit, or bond, the amount of
the surety may be reduced upon certification of completion of part of the
required improvements by the applicant's engineer and recommendation of
approval by the city engineer of the completed improvements. However the
reduction of surety shall be only in the ratio that the cost of the improvements
completed and certified bears to the total cost of required improvements for the
subdivision, less ten percent.
(3) Release of escrowed funds and surety. Funds held in the escrow account
shall not be released to the applicant, except upon the approval of the city
engineer in consultation with the city manager. At the end of the maintenance
period, all unused escrowed funds, if any, shall be released to the applicant. If the
surety provided by the applicant was a letter of credit, the city attorney may
execute waivers of the city's right to draw funds on the letter of credit upon
certification of completion of the required improvements by the applicant's
engineer and recommendation of approval by the city engineer.
Sec. 227. Escrow deposits for lot improvements.
(a) Acceptance of escrow funds. If any lot improvements required by this chapter, in
the judgment of the building official, cannot be performed, the building division may issue
a certificate of occupancy, subject to the following:
(1) the certificate of occupancy shall not be issued if there is danger to health, safety,
or general welfare; and
(2) acceptance of a cash escrow deposit or irrevocable letter of credit in an amount
of 110% of the estimated cost of the lot improvements; and
the development order and surety covering the lot improvements shall remain in full force and
effect.
(b) Procedures for use of an escrow fund.
(1) Time limits. All required lot improvements for which escrow funds have been
accepted by the city at the time of issuance of a certificate of occupancy shall be
installed by the applicant within nine months from the date of issuance of the
certificate of occupancy.
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(2) Notice. If the lot improvements have not been properly installed at the end of
the nine months, the building official shall provide written notice to the
responsible party, requiring the installation of the improvements.
(3) Failure to install. If the improvements are not installed within ten days
following receipt of the written notice, the building official may request the city
council to enter into a contract, in a sum not to exceed the amount of the
escrow deposit, for the completion and installation of the improvements.
(4) Authorization to proceed. Prior to the issuance of the certificate of
occupancy for which escrow monies have been deposited, the responsible party
shall obtain and file with the building official a notarized statement from the
purchaser of the affected premises. The notarized statement shall authorize the
city to install or compete the lot improvements at the end of the nine -month
period if the improvements have not been duly installed by the responsible party.
Sec. 228. Maintenance of improvements.
Initial maintenance. The responsible party shall be required to maintain all required public
improvements in the subdivision until acceptance of the improvements by the city. Following the
city's acceptance of the improvements, the city shall require the responsible party to maintain the
improvements for a period of up to one year from the date of acceptance. In addition, the
responsible party shall post a maintenance bond satisfactory to the city in the amount of ten
percent of the original surety.
Sec. 229. Deferral of required improvements.
Deferral. Whenever it is deemed necessary by the city council to defer the construction of any
required improvement due to incompatible grades, future planning, inadequate or nonexistent
connecting facilities, or similar reasons, the responsible party shall pay or otherwise provide
surety acceptable to the city council for such improvements. The mayor, or city engineer if so
authorized, shall not sign the plat until the responsible party has executed a development order
secured by a cash escrow deposit or other surety acceptable to the city council, guaranteeing
completion of the deferred improvements.
Sec. 230. Issuance of building permits and certificates of occupancy.
Completion of required improvements. When a development order and surety has been
required for public improvements, a certificate of occupancy for any building in the subdivision
shall not be issued prior to completion of the required public improvements, and evidence that
all required utilities have been released for operation.
City of Palm Beach Gardens/Land Development Regulations
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Subdivision IV.
Requirements for Improvements, Reservations and Design
Part 1.
Generally
Sec. 231. Compliance.
Compliance. In addition to the requirements established in this , all applications
for subdivision approval shall demonstrate compliance with the requirements listed
below.
(a) Statutes. All applicable state statutes.
(b) Land development regulations. All zoning and land development regulations,
building and housing codes, and other applicable laws of the city.
(c) Comprehensive plan. The city comprehensive plan and the county thoroughfare
improvement map.
(d) Soil conservation. Guidelines of the county soil and water conservation district.
(e) Public health. All applicable requirements, laws, or rules of the county health
department.
(f) FDOT. The rules of the state department of transportation if the subdivision or any lot
contained therein abuts a state highway.
(g) Additional city requirements. Any standards, regulations or conditions
recommended by the city staff and city engineer and adopted by the city council.
(h) Other applicable laws. All applicable codes, laws, or rules of any other appropriate
county and state agencies.
Sec. 232. Monuments.
Monuments. The responsible party shall place permanent reference monuments and
permanent control points in the subdivision as required in this division and by Chapter 177,
Florida Statutes, including any surety required by state law.
City of Palm Beach Gardens/Land Development Regulations
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Sec. 233. Subdivision name.
Duplications. The proposed name of a subdivision shall not duplicate, closely resemble, or
phonetically closely approximate the name of any other subdivision in the city. However, when
an existing subdivision is subdivided as an additional unit or section, the same name, differentiated
by number or other means, may be used.
Part 11.
Lot Improvements
Sec. 234. Lot arrangement.
Lot arrangement. The lot arrangement in a subdivision shall be such that there will be no
foreseeable difficulties, for reasons of topography or other conditions, in securing building permits
to build on all lots in compliance with all applicable land development regulations and in providing
driveway access to buildings from an approved street.
Sec. 235. Lot dimensions.
(a) Minimum standards.
(1) Compliance. Lot dimensions shall comply with the minimum standards of the
zoning district regulations in which such property is located. If subdivided lots are
more than double the minimum area required area for a particular zoning district,
the city may require that such lots be arranged so as to allow further subdivision
consistent with the requirements of this chapter.
(2) Lots affected by water.
a. Unless otherwise provided herein, the minimum area of a lot required by
applicable land development regulations shall not include land which is under
water.
b. For lots one -half acre or larger, water bodies and lake maintenance easements
may be included in the lot area. However, water bodies and easements shall not
amount to more than 25 percent of total lot area.
(b) Lot lines and dimensions. In general, side lot lines shall be at right angles to street
lines or radial to curving street lines. Dimensions of corner lots shall be large enough to
allow for construction of buildings, observing the minimum setbacks from both streets.
Lots for commercial and industrial purposes shall possess adequate dimensions to
City of Palm Beach Gardens/Land Development Regulations
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provide for required off - street parking and loading facilities, required landscaping, and any
other improvements that may be required by the city.
Sec. 236. Double frontage lots.
Double frontage lots. Double frontage lots or through lots shall be avoided in a subdivision,
except where necessary to provide separation of residential development from traffic arterials or
to overcome specific limitations such as topography, property orientation, required
improvements, required preservation, or protection of vegetation and natural resources.
Sec. 237. Water bodies.
(a) Dedication. If a tract being subdivided contains a water body or portion thereof, such
water body shall be dedicated to a homeowners' association, the Northern Palm Beach
County Improvement District, or any other special district approved by the city.
(b) Ownership and maintenance. The ownership of and responsibility for maintenance
of the water bodies created by subdivision shall not become a city responsibility, unless
approved by the city council.
Part 111
Streets
Sec. 238. Frontage on improved streets.
(a) Frontage required. A subdivision shall not be approved unless the property possesses
frontage on and access from an existing public street or highway.
(b) Street improvements. A street or highway providing access shall be suitably
improved or committed for improvement as required by the city and the county traffic
performance standards and this chapter. Streets providing access shall possess the
minimum width, right -of -way, and applicable parkway improvements as required by
these regulations and the county thoroughfare improvement map.
(c) Legal access. If access to the land to be subdivided is provided by a private street, such
street must have the width and improvements as required by these regulations. Legal
access to the property to be subdivided must be provided in a manner acceptable to the
city engineer and city attorney.
Sec. 239. Grading and improvements.
City of Palm Beach Gardens/Land Development Regulations
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Grading and improvements. Subdivision streets shall be graded and improved in
conformance with the city's construction standards and specifications.
Sec. 240. Street connection.
(a) Connections. All subdivision streets shall be properly integrated with the existing and
proposed system of thoroughfares and dedicated rights -of -way as established on the
county thoroughfare improvement map and the city comprehensive plan.
(b) Queuing and stacking. All subdivisions with gated entrances providing direct access
between subdivision streets and public streets or highways shall provide queuing or
vehicle stacking capacity of the greater of 100 feet or the length of five automobiles.
Sec. 241. Blocks.
(a) Block dimensions. The lengths, widths, and shapes of blocks in a subdivision shall be
appropriate for the location and the type of development contemplated.
(1) Residential development. The desirable block lengths in residential areas
should not exceed 1,200 feet or 12 times the minimum lot width required in the
zoning district and should be not less than 600 feet in length. Wherever
practicable, blocks along arterials and collector streets shall be not less than 800
feet in length.
(2) Industrial uses. Blocks designed for industrial uses shall be of such length and
width as may be determined suitable by the city.
(b) Easements. In blocks more than 800 feet long, the city may require the reservation of
an easement through the block to accommodate utilities, drainage facilities, or pedestrian
traffic.
(c) Pedestrian amenities. Pedestrian walks or easements, not less than ten feet wide
may be required by the city through the center of blocks more than 800 feet in length.
Such walks or easements may be required or deemed essential to provide circulation or
access to schools, playgrounds, shopping centers, transportation, or other community
facilities.
Sec. 242. Access to arterial streets.
Limited access. If a subdivision is adjacent to or contains an existing or proposed arterial
roadway, the city may require that access to such streets be limited by one of the methods
indicated below.
City of Palm Beach Gardens/Land Development Regulations
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(a) Screening. Subdividing the property such that lots front on a local street and are
screened from the arterial street by a landscaped limited access easement not less than
15 feet in width.
(b) Marginal access. Installing a marginal access street, separated from the arterial by a
planting or grass strip, allowing access at appropriate locations.
Sec. 243. Street names.
(a) Duplications. Street names for a subdivision which will duplicate or be confused with
the names of existing streets in the city shall not be used. Street names which will
duplicate or be confused with the names of existing streets in future annexation areas as
shown in the comprehensive plan shall not be used.
(b) Extensions. New streets which are an extension of or in alignment with existing streets
shall bear the same name as the existing streets.
(c) Approval. Al street names, street numbers, and address numbers shall be approved by
the city and post office prior to recording the final plat.
(d) Street signs. Street name signs are to be placed at all intersections within or abutting a
subdivision. The type and location of street signs are to be approved by the city
engineer.
Sec. 244. Street regulatory signs.
Installation. A certificate of occupancy shall not be issued for any residence located on a street
without required street regulatory signs and pavement markings. Subject to the city's approval,
the responsible party shall install all signs and pavement markings.
Sec. 245. Streetlights.
Installation and standards. Streetlights in a subdivision shall, where required, be installed in
accordance with design and specification standards approved by the city engineer.
Sec. 246. Arrangement of streets and dead -end streets.
(a) Arrangement of streets. The arrangement of streets shall provide for the
continuation of principal streets between adjacent properties when deemed necessary
for convenient movement of traffic, provision of effective public safety, efficient provision
of utilities, and consistency with the comprehensive plan.
City of Palm Beach Gardens/Land Development Regulations
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(b) Undeveloped property. If the adjacent property is undeveloped and the street must
be a temporary dead -end street, the right -of -way shall be extended to the property line.
A temporary turnabout shall be provided on all temporary dead -end streets, with the
notation on the plat that land outside the normal street right -of -way shall revert to the
abutting property owners whenever the street is continued. The city may limit the length
of temporary dead -end streets in accordance with the design standards of section
(c) Permanent dead -end streets. Where a street does not extend to the boundary of
the subdivision and its continuation is not required by the city for access to adjoining
property, the street terminus shall normally be located at least SO feet from the
boundary. However, the city may require the reservation of an appropriate easement to
accommodate drainage facilities, pedestrian traffic, or utilities. For greater convenience to
traffic and more effective police and fire protection, permanent dead -end streets shall, in
general be limited in length in accordance with the design standards of section
Part 111.
Design Standards
Sec. 247. Established.
(a) Establishment. Design standards are established for the following purposes:
(1) provide for subdivision streets of suitable location, width, and improvements to
accommodate prospective traffic;
(2) afford satisfactory access to police, firefighting, sanitation, and road - maintenance
equipment; and
(3) coordinate streets so as to compose a convenient system and avoid undue
hardships to adjoining properties.
(b) Classification. Street classification will be established utilizing the county's thoroughfare
improvement map, the city's comprehensive plan, or other standards or policies adopted
by the city.
Sec. 248. Road surfacing and improvements.
Planned developments. For street rights -of -way and dead ends in planned development
projects, see "Minimum Engineering Guidelines for Planned Developments" in section
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(a) Installation. Roadways shall be constructed and paved consistent with the
requirements of this section.
(b) Underground utilities. Required subdivision roadways shall be constructed following
installation of all underground utilities have been installed by the responsible party.
(c) Required surface. The surfacing and paving shall be suitable for the expected traffic
and in harmony with similar improvements in the surrounding areas. Flexible pavement
shall be designed to meet the minimum structural numbers (SNs) required in section
, as determined by the layer coefficients listed in the FDOT Flexible Pavement
Design Manual and the various layer thicknesses. All road pavement, shoulders, drainage
improvements and structures, curbs, turnarounds, and sidewalks shall conform to all
construction standards and specifications adopted by the city. The city standards and
specifications shall be incorporated into the construction plans required to be submitted
by the applicant prior to or concurrently with plat approval applications.
(d) Excess right -of -way.
Excess width required. Right -of -way widths in excess of the standards designated in
these regulations shall be required whenever, due to topography, landscape buffers,
additional traffic lanes, etc., additional width is requested by the city.
(e) Minimum rights -of -way and pavement widths. The minimum rights -of -way and
pavement widths in a subdivision, or as otherwise required by the city's comprehensive
plan or land development regulations, shall be as required in Table and as
illustrated in Figures through . The city council may waive minimum
requirements for rights -of -way and minimum pavement widths in PUDs or PCDs
pursuant to section
Table
Need city engineer to assist with
Minimum Rights -of -Way
completion of table.
Minimum
Right -of -Way,
Street Classification
Easement, or
Minimum Pavement Width
Reservation
(1,2,3)
4 or more 12 -foot lanes with
Parkway
300 - 400 feet
turning lanes and medians (4)
4 or more 12 foot lanes with
Arterial
turning lanes and medians where
(2 or more lanes)
120 feet
required
City of Palm Beach Gardens/Land Development Regulations
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Notes.
(1) Lane widths shall be measured exclusive of curbs.
(2) For streets included in the county thoroughfare improvement map or the city's
comprehensive plan, street rights -of -way shall be as shown in the map or plan.
(3) For street rights -of -way and dead ends in planned development projects, see
"Minimum Engineering Guidelines for Planned Developments" in section
(4) See section pertaining to requirements in the parkway overlay zoning district.
Sec. 249. Flexible pavement.
Minimum standards. Minimum standards for flexible pavement in a subdivision are
established in Table
Table
Minimum Standards for Flexible Pavement
MINIMUM STRUCTURAL NUMBERS (SN)
Arterial Street and Industrial Driveways 13.0
Local and Collector Streets 12.5 1
Parking Areas
1.5
MINIMUM SURFACE COURSE THICKNESS
Arterial and Industrial Streets Greater of 1.75 Inches, Type S -1 or Palm
Beach County/FDOT Standards
City of Palm Beach Gardens/Land Development Regulations
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4 or more 12 foot lanes with
Collector
turning lanes and medians where
(2 to 4 lanes)
80 feet
required
Local
2 ten foot lanes with 2 feet of curb
(2 lanes)
50 feet with curbs or
on both sides or roadside swale
60 feet with swale
drainage
Industrial
2 or more 12 -foot lanes with
W//./.o
turning lanes and medians where
required
106 feet in diameter
Cul -de -Sac
(Termination of street)
Marginal Access
40 feet
Notes.
(1) Lane widths shall be measured exclusive of curbs.
(2) For streets included in the county thoroughfare improvement map or the city's
comprehensive plan, street rights -of -way shall be as shown in the map or plan.
(3) For street rights -of -way and dead ends in planned development projects, see
"Minimum Engineering Guidelines for Planned Developments" in section
(4) See section pertaining to requirements in the parkway overlay zoning district.
Sec. 249. Flexible pavement.
Minimum standards. Minimum standards for flexible pavement in a subdivision are
established in Table
Table
Minimum Standards for Flexible Pavement
MINIMUM STRUCTURAL NUMBERS (SN)
Arterial Street and Industrial Driveways 13.0
Local and Collector Streets 12.5 1
Parking Areas
1.5
MINIMUM SURFACE COURSE THICKNESS
Arterial and Industrial Streets Greater of 1.75 Inches, Type S -1 or Palm
Beach County/FDOT Standards
City of Palm Beach Gardens/Land Development Regulations
Draft — 3/5/00 361
Collector Street
Greater of 1.5 Inches or Palm Beach County
Standard
Local Street
1.5 Inches, Type S -III
Parking Areas 1.0 inches, Type S -111
MINIMUM BASE
Minimum base shall be at least six inches compacted thickness to 98 percent AASHTO T -180
of limerock, cemented coquina shell, crushed concrete, or eight inches of approved shellrock.
Umerock, cemented coquina shell, and shellrock shall meet appropriate FDOT standards.
MINIMUM SUBGRADE
Arterial Streets, Industrial Driveways, and Subgrade shall be a minium of 12 inches
Collector and Local Streets compacted thickness to 98 percent of
AASHTO T -180 and shall have a minium 50
PSI Florida bearing value (FBV).
Parking Areas
Same compaction as required for arterial and
related streets (see above). Minimum 35 PSI
FBV. No credit toward SN until at least 50
PSI is obtained.
Sec. 250. Railroads and limited access highways.
Standards. The standards listed below shall be applied when railroad rights -of -way and limited
access highways are located so as to affect the subdivision of adjacent lands.
(1) Buffer strip. In residential districts, each lot abutting railroad right -of -way or
limited access highway shall include a buffer strip at least 25 feet in depth. The
buffer strip shall be in addition to the normal width or depth of a lot required by
property development regulations, and vegetation shall be installed pursuant to
applicable portions of the landscaping requirements of section
(2) Intersections. Intersections of streets which parallel a railroad right -of -way and
intersect with a street that provides a grade level crossing shall, to the extent
practicable, be located a distance of at least 150 feet from the right -of -way. The
actual distance of such intersections shall be determined with due consideration
of the minimum distance required for future separation of grades by means of
appropriate approach gradients.
Sec. 251. Cul -de -sac.
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Minimum standards. The minimum standards listed below are established for cul -de -sacs.
(a) No center island. A cul -de -sac without a center island shall have a minimum outside
surfaced radius of 45 feet. The surface area shall consist of 43 feet of pavement and two
feet of valley gutter.
(b) Center island. A cul -de -sac with a center island shall have the same requirements as a
cul -de -sac without a center island, but with the additional requirement that the maximum
radius of the center island shall be 20 feet.
(c) Larger outside radii. Pavement width for a cul -de -sac with larger outside radii will be
reviewed on a case -by -case basis.
(d) Terminating streets. Streets terminating in a cul -de -sac shall have a maximum length
of 1,500 feet as measured from the intersecting right -of -way line. The city may approve
a cul -de -sac more than 1,500 feet in length to serve odd - shaped parcels of land which
cannot be developed in any other manner. Any cul -de -sac greater than 1,500 feet in
length shall provide intermediate turnaround facilities acceptable to the city engineer.
Sec. 252. Privately -owned dead -end streets within planned developments.
(a) Truncated dead -end streets.
(1) Minimum standards. Atruncated dead -end street may be used as a private
street in a planned development, subject to the standards listed below.
a. The street length shall not exceed 120 feet, as measured from the intersecting
right -of -way lines.
b. The street shall have a minimum pavement width of 24 feet or a minimum
pavement width of 20 feet of pavement with two feet of valley gutter on both
sides.
c. The right -of -way width for the street shall comply with the minimum engineering
guidelines and standards for planned developments.
d. The street shall provide legal access to a group of not more than four residential
lots.
e. The street shall be subject to the approval of the growth management director
and the city engineer.
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(2) Criteria for approval. The following criteria will be used to evaluate requests
for approval of truncated dead -end streets.
a. Lots situated adjacent to a curve or a corner where the lots would otherwise
have no reasonable means of access to or required frontage on the adjacent
street.
b. Provision of adequate garbage and trash pickup services.
c. Provision of adequate fire and rescue services.
d. Conditions of the connecting intersection.
e. Vertical and horizontal sight distances.
f. Presence or absence of site lighting.
(b) Streets not more than 300 feet in length. As an alternative to a cul -de -sac, dead -
end streets not exceeding 300 feet in length, as measured from intersecting right -of -way
lines and providing legal access to not more than 15 residential lots, will be permitted
with a "T" or "Y" turnaround.
(c) Streets more than 300 feet in length. Dead -end streets exceeding 300 feet in
length and not exceeding 1,500 feet, shall be constructed with a cul -de -sac at the
terminus. Cul -de -sacs shall comply with the requirements provided herein.
Sec. 253. Maximum and minimum grade.
Maximum and minimum grade. The grades on all streets in a subdivision shall comply with
the standards listed below.
(a) Maximum grade. Maximum grade shall not exceed 8.00 percent.
(b) Minimum grade. Minimum grade shall be at least 0.30 percent.
Sec. 254. Vertical alignment.
(a) Vertical curves required. Vertical curves of subdivision streets shall be required
where the algebraic difference in intersecting grades equals or exceeds values listed in
Table
City of Palm Beach Gardens/Land Development Regulations
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Table
Vertical Curves
Street Classification
Algebraic Difference
Collector street
0.8%
Local street
1.0%
(b) Minimum length All vertical curves shall be of sufficient length to provide a safe
stopping sight distance compatible to the design speed of the roadway. Minimum length
of all vertical curves shall be 100 feet.
(c) Minimum slopes. Minimum cross slopes or super - elevation rates of 0.02 feet per foot
(2% feet per foot) shall be utilized for the design of all roadways.
Sec. 255. Horizontal alignment.
Minimum standards. To ensure adequate sight distance and safe execution of the curve of a
street in a subdivision, the minimum centerline radii for horizontal curves shall be as established
by the FDOT Manual of Uniform Minimum Standards for Design, Construction, and
Maintenance for Streets and Highways, as amended.
Sec. 256. Sidewalks.
Minimum requirements. Concrete sidewalks, at least five feet wide, shall be provided on
each side of all streets in a subdivision with the exception of cul -de -sac streets. Minimum
requirements for cul -de -sac streets are listed below, and may be installed with the approval of
the city engineer and growth management director.
(a) Less than 15 lots. Sidewalks may be deleted for roads which end in a cul -de -sac with
access to less than 15 lots.
(b) Less than 80 lots. Sidewalks on one side of the road, extending around the entire cul-
de -sac, may be provided for roads which end in a cul -de -sac with access to less than 80
lots.
Sec. 257. Pathways.
Overlay zone requirements. Pathways within the parkway overlay zone or connected to it
shall be of concrete and a minimum of 12 feet wide.
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Sec. 258. Intersections.
(a) General standards. Subdivision streets shall be laid out so as to intersect as nearly as
possible at right angles. A proposed intersection of two new streets at an angle of less
than 75 degrees shall not be acceptable unless specifically approved by the city engineer.
An oblique street should be curved approaching an intersection and should be
approximately at right angles for at least 100 feet therefrom. Not more than two streets
shall intersect at one point.
(b) New intersections. Proposed new intersections along one side of an existing street
shall, wherever practicable, coincide with any existing intersections on the opposite side
of such street. Street intersections with centerline separations of less than 150 feet shall
not be permitted. Intersection of collector and arterial streets shall be at least 800 feet
apart, centerline to centerline, wherever practicable.
(c) Minimum curb cut radius. Minimum curb radius at the intersection of two local
streets shall be at least 30 feet, and minimum curb radius at an intersection involving a
collector street or industrial street shall be at least 40 feet.
(d) Visibility. If visibility at a street
intersection is limited by I Need figure for visibility triangle. '
vegetation, berms, earth banks, or
similar obstructions so as to create
a traffic hazard, a visibility triangle shall be provided as indicated in Figure
Sec. 259. Bridges.
Cost of installation. In a subdivision, bridges of primary benefit to the property owner, as
determined by the city, shall be constructed at the full expense of the owner without
reimbursement from the city. A contribution by the city, if any, for the construction of bridges
not of primary benefit to the applicant shall be established by an agreement between the city and
the property owner.
Sec. 260. Utilities.
Underground installation required. All new, reconstructed, or relocated utilities installed
within a subdivision or any development, including but not limited to electric, telephone, and
cable television, shall be placed underground.
Part IV.
Street Dedications and Reservations
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Sec. 26 1. New perimeter streets.
Prohibited. Street systems in new subdivisions shall be laid out so as to eliminate the creation
of perimeter half - streets. Where an existing half - street is adjacent to a new subdivision, the other
half of the street shall be improved and dedicated by the responsible party.
Sec. 262. Widening and realignment of existing street.
Dedication. A property owner shall be required to dedicate, at no expense to the city or
county, additional land required for the widening or realignment of existing streets. The
dedication shall be required in the circumstances listed below.
(a) Substandard street. When a subdivision borders an existing substandard street.
(b) County road plan. When the county thoroughfare improvement map indicates long
range plans for realignment or widening a street.
(c) City comprehensive plan. When the city's comprehensive plan or zoning
regulations indicate long range plans for realignment or widening a street.
Subdivision V
Drainage and Stormwater Management
Sec. 263. General requirements.
Design and installation. Each new development shall include a stormwater management
system designed and installed that provides for pollution abatement and protection from flooding.
Pollution abatement shall be accomplished by retention, detention, or other means, according to
applicable regulations of the SFWMD, and as required by the city engineer. All project designs
shall accommodate any "pass through" drainage as required from a basin analysis.
Sec. 264. Disposition of stormwater runoff.
(a) Al developments shall treat stormwater runoff as required by the SFWMD, as provided
in section herein. Treatment of stormwater runoff shall occur through one of the
methods listed below.
(1) Retention. Retention is defined as allowing no surface discharge.
(2) Detention. Detention is defined as allowing delayed surface discharge prior to
release.
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(3) Other. Other means that may be approved by the SFWMD and the city.
(b) Allowable stormwater discharge.
(1) Ten or more acres. The rate of stormwater discharge from a developed site
shall be based upon a 25- year/three -day frequency storm event for
developments greater than or equal to ten acres.
(2) Less than 10 acres. The rate of stormwater discharge from a developed site
shall be based upon a 25- year /one -day frequency storm event for developments
less than ten acres in size and meeting the qualifications for a permit exemption
from SFWMD.
(c) Legal positive outfall. When pollution abatement volumes and detention volumes to
reduce the peak rate of discharge are incorporated into one facility, the volume of water
impounded to reduce peak discharges in excess of the pollution abatement volume must
be conveyed off site by a positive, legal, outfall system. Allowable discharges shall be as
determined by the SFWMD. If a development is exempt from SFWMD permit
requirements, the city engineer will determine allowable discharge.
(d) Off -site easements. Off -site easements for stormwater management facilities shall be
required in either of the two circumstances listed below.
(1) Lack of easement or right-of-way. The stormwater discharge is directed or
is proposed to be directed into any manmade facility for which the city does not
have either a surface water management easement or right -of -way.
(2) Character of discharge. The stormwater discharge or proposed to be
directed into a natural system is of such nature that the rate or character of the
flow, such as sheet flow as opposed to concentrated flow, at the property line
has been changed. The easement will be required to a point at which natural
conditions are approximated.
(3) Debris and erosion control. Special engineering features to minimize the
transport of floating debris, oil, and grease remaining in the detention volumes to
reduce peak discharges shall be incorporated into the design of the outlet control
structure. The design of this control system shall make adequate provision to
minimize erosion.
Sec. 265. Design storm.
City of Palm Beach Gardens/Land Development Regulations
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(a) Design storm frequency The design storm frequency for structures and facilities in a
subdivision are established in Table
Table
Design Storm Frequency for Structures
Facility
Design Storm
Finish floors
100- year/3 -day assuming zero discharge and
100 -year flood elevation per FEMA flood
insurance rate maps
Bridges
50- year/3 -day
Canals, Ditches
25- ye -- ar/3 -da Y z 10 acres —
- -- - - - - --
or Culverts
-
25- year /I -day < 10 acres if granted a permit
exemption from SFWMD
Roadways
I 0- year /I -day or Palm Beach County/FDOT
requirements, where applicable
Parking Lots
5-year/ I -da
(b) Increase in design frequency. The design frequency and storage requirements for
surface water management systems may be increased at the discretion of the city
engineer to protect upstream or downstream properties or to comply with other
regulations.
Sec. 266. Hydraulic design criteria.
Design criteria. Hydraulic design criteria for subdivisions is established below.
(1) Roadway and pavement surface water management design.
a. Generally. Good pavement surface water management design consists of the
proper selection of grades, cross slopes, curb types, inlet location, etc., to
remove the design storm rainfall from the pavement in a cost effective manner
while preserving the safety, traffic capacity and integrity of the highway and street
system. These factors are generally considered to be satisfied, provided that
excessive spreads of the water are removed from vehicular travel ways and that
City of Palm Beach Gardens/Land Development Regulations
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siltation at pavement low points is not allowed to occur. The guidelines included
in this section will accomplish these objectives.
b. Swales. Swale drainage shall be permitted only when the wet season water
table is a minimum of one foot below the invert of the swale. Swales are not
permitted around any cul -de -sac.
c. Curb and gutter types. All roadway storm runoff not considered suitable for
swale or ditch type drainage shall be designed as one of the following:
1. valley gutter curb section; or
2. standard curb and gutter section.
d. Design storm frequency. The design storm frequency to be utilized for the
design of pavement drainage is established below.
1. Arterial streets. Three -year FDOT zone 10, hydraulic gradient line one
foot below inlet grate line.
2. Collector and local streets. Three -year FDOT zone 10, hydraulic
gradient line six (6) inches below inlet grate line.
e. Runoff determination. The peak rates of runoff, for which the pavement
drainage must be designed, shall be determined by the rational method. The
time of concentration, individual drainage areas, and rainfall intensity amounts
shall be submitted as part of the drainage plan.
(2) Storm sewer design. Storm sewer system design shall be based upon a
three -year FDOT zone 10 frequency event. The system shall be designed to
handle the flows from the contributory area within and outside of the proposed
subdivision. All storm sewer pipe within public or private rights -of -way shall be
reinforced concrete pipe and comply with applicable FDOT standards.
Sec. 267. Drainage plan requirements.
(a) Drainage map. The project engineer shall include in the subdivision construction plans
a master drainage map showing all existing and proposed features. The features and
information listed below shall be included on the master drainage map.
(1) Boundaries. Drainage bounds, including all off -site areas draining to the
proposed subdivision.
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(2) Topography. Sufficient topographical information to verify the location of all
elevations, streams, and similar features at one -foot contour intervals.
(3) Highwater data. Highwater data on existing structures upstream and
downstream of the subdivision.
(4) Data source. Notes indicating sources of highwater data. If the development
borders tidal waters, the mean high water line shall be established.
(5) Notes. Notes pertaining to existing standing water, areas of heavy seepage, or
springs.
(6) Existing drainage. Existing drainage of the area and relationship to the overall
basin.
(7) Horizontal and vertical delineation. Subdivision layout with horizontal and
vertical delineation.
(8) Drainage features. Drainage features, including location of inlets, swales,
retention /detention areas, and related features.
(9) Subareas. Delineation of drainage subareas.
(10) Retention /detention. Identification of retention /detention areas and
ingress /egress areas for retention /detention facilities.
(1 1) Soils Delineation of type of soils on a soils map of the project using the United
States Department of Agriculture (USDA) Soil Conservation Service (SCS) soil
type classification system.
(12) Flood hazard. Flood hazard classification.
(13) Ground cover. Description of existing ground cover or land uses.
(14) Turbidity control. Description of turbidity control and stabilization of
disturbed areas during the construction process.
(b) Stormwater calculations. Stormwater calculations for storm sewer pipes shall
include but not be limited to the tabulations listed below.
(1) Structures. Location and types of structures.
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(2) Lines. Types and lengths of line.
(3) Subareas. Drainage subarea tributary to each structure.
(4) Coefficients. Runoff coefficient per subarea.
(5) Concentration. Time of concentration to structure.
(6) Hydraulic gradient. Hydraulic gradient for the three -year, FDOT zone 10
frequency storm event.
(7) Tailwater. Estimated receiving water (tailwater) elevation with sources of
information, if available.
(8) Pipes. Diameters of pipe.
(9) Velocities. Outlet and other pipe velocities.
Subdivision VI.
Flood Plains
Sec. 268. Applicability.
Applicability. This division shall apply to all areas of special flood hazard within the city.
Sec. 269. Basis for establishing areas of flood hazard.
Flood insurance rate maps. The areas of flood hazard shall be determined by the 100 -year
flood area identified by the flood insurance rate maps (FIRM) prepared by the Federal Emergency
Management Agency.
Sec. 270. Abrogation and greater restrictions.
Effect of division. This division is not intended to repeal, abrogate, or impair any existing
easements or covenants. However, where this division conflicts with or overlaps existing
easements or covenants, whichever imposes the more stringent restriction shall prevail.
Sec. 271. Warning and disclaimer of liability.
Disclaimer. The degree of flood protection required by this division is considered reasonable
for regulatory purposes and is based on scientific and engineering considerations. Larger floods
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can and will occur on rare occasions. Flood heights may be increased by manmade or natural
causes. This division does not imply that land outside the area of special flood hazard or uses
permitted within such areas will be free from flooding or flood damages. This division shall not
create liability on the part of the city or by any officer or employee thereof for any flood damages
that result from reliance on this division or any administrative decision lawfully made under this
division.
Sec. 272. General standards.
Standards. In all areas of special flood hazard, the standards listed below are established.
(a) Anchoring. All new construction and substantial improvements shall be anchored to
prevent flotation, collapse, or lateral movement of the structure.
(b) Construction materials and methods. All new construction and substantial
improvements shall be constructed with materials resistant to flood damage and shall be
constructed utilizing methods and practices that minimize flood damage.
(c) Utilities. All new and replacement water supply or sanitary wastewater treatment
systems shall be designed to minimize or eliminate infiltration of flood waters into either
system. Discharges from both water supply and wastewater treatment systems shall be
located to avoid damage, impairment, or contamination from themselves or from other
sources during flooding.
Sec. 273. Encroachments.
Encroachments. The cumulative effect of any proposed development shall not be permitted
to adversely affect the area of flood hazard. There shall be additional compensating storage for all
flood water displaced by development below the elevation of the base 100 -year flood.
Compensating storage is to be calculated between the 100 -year flood elevation and the average
wet season water table. The average wet season water table shall be established by the
applicant's engineer and approved by the city engineer.
Subdivision VI1.
Potable Water Supply
Sec. 274. General requirements.
(a) Potable water.
(1) Public water supply not available. When a public water supply main is not
accessible to a subdivision, the responsible party shall take necessary action to
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extend the main or create a private entity for the purpose of providing a water
supply system capable of providing for domestic water supply use and fire
protection. Extension of the main and connection to the public water system
shall be required consistent with standards of the Palm Beach County Health
Department or Seacoast Utilities Authority, as may be applicable.
(2) Public water supply available. When a public water supply main is
accessible, the applicant shall install adequate water supply facilities, including fire
hydrants, subject to the specifications of Seacoast Utilities and the Palm Beach
County Health Department.
(b) Extensions. Water supply main extensions shall be consistent with the extension policy
of Seacoast Utilities Authority.
(c) Location of improvements. The location of all fire hydrants and all water supply
improvements shall be shown on the utilities construction plans.
(d) Cost of installation. The cost of installing fire hydrants and water supply
improvements shall be borne by the responsible party. The estimated costs of installation
shall be included in the surety to be furnished by the responsible party.
Sec. 275. Individual wells.
Installation. In residential projects with a minimum lot size of one acre, excluding roads,
drainage, and utility easements, and where a public water supply system is not available, individual
wells may be used to provide an adequate supply of potable water supply to each lot. Individual
wells shall be approved by the Palm Beach County Health Department or as otherwise required
by state law. Approvals by the Health Department of individual wells shall be submitted to the
city prior to plat approval. Individual wells shall not be permitted as a source of water supply in
nonresidential subdivisions.
Sec. 276. Fire protection water supply.
(a) Fire protection water supply. The water supply system of the subdivision shall be
designed and constructed to satisfy both the domestic potable requirements and the fire
protection requirements in effect at the time of subdivision plan or plat review.
(b) Residential fire hydrants.
(1) Connections. Hydrants located within single - family and duplex or two-family
residential subdivisions shall be connected to water mains at least eight inches in
City of Palm Beach Gardens/Land Development Regulations
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diameter. Connection to dead -end stubs may be acceptable, providing the
required fire flow can be achieved.
(2) Spacing. In no case shall residential hydrant spacing exceed 500 feet, measured
along the roadway. Buildings intended for occupancy shall not be located more
than 250 feet in distance from the nearest hydrant.
(c) Nonresidential and multifamily residential requirements.
(1) Connections. The hydrant shall connect to water mains of adequate size, as
determined by the city engineer, to meet the design flow demand.
(2) Spacing. Hydrants located in commercial, multifamily, industrial. or other
nonresidential areas shall be spaced no further than 300 feet apart as measured
along the roadway.
Subdivision VI11.
Wastewater Treatment
Sec. 277. Central system design.
Design. The development of new wastewater facilities and mains in the subdivision and the
expansion of existing wastewater systems shall be designed by the applicant's engineer in
accordance with all applicable state and local criteria.
Sec. 278. Individual system.
(a) Individual systems allowed. Where permitted by the Palm Beach County Health
Department, individual wastewater treatment systems may be allowed where public
wastewater collection and treatment systems are not available. Individual wastewater
systems shall comply will all requirements of the appropriate health authorities. Septic
tanks or drainfields shall not be located in rights -of -way or easements.
(b) Public wastewater treatment not available. When a public wastewater collection
is not accessible to a subdivision, the responsible party may install individual treatment
systems, as provided in this section. Extension of the collection system and connection to
the public wastewater treatment system shall be required consistent with standards of the
Palm Beach County Health Department or Seacoast Utilities Authority, as may be
applicable.
(c) Public wastewater treatment system available. When a public wastewater
collection system is accessible, the applicant shall install adequate collection facilities,
City of Palm Beach Gardens/Land Development Regulations
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subject to the specifications of Seacoast Utilities and the Palm Beach County Health
Department.
(d) Extensions. Water supply main extensions shall be consistent with the extension policy
of Seacoast Utilities Authority,
Sec. 279. Wastewater reuse.
Reuse. Wherever possible, irrigation of landscaped areas in a subdivision shall be accomplished
by use of treated effluent or reclaimed water from wastewater treatment systems.
Subdivision IX.
Easements
Sec. 280. Utility easements.
Easements required. Utility easements of adequate width shall be provided in the
subdivision, where necessary, to accommodate all required utilities and shall be provided with
convenient access for maintenance.
Sec. 281. Drainage easements.
(a) Easement required. When a subdivision is traversed by a canal, watercourse,
drainage way, channel, or stream, a drainage easement or right -of -way shall be provided.
The easement shall substantially conform to the lines of the canal or watercourse. The
easement shall be of such width and construction or both as will be adequate for the
purpose. Wherever possible, surface water runoff should be maintained by an open
channel with adequate width for access and maintenance. The open channel shall be of
an adequate width for maximum potential volume of flow, plus required areas for
operations and maintenance.
(b) Street rights -of -way. If drainage facilities are located within street rights -of -way,
perpetual unobstructed easements of adequate width for such drainage facilities shall be
provided across property outside the right -of -way lines and with satisfactory access to the
right -of -way. Easements shall be indicated on the plat. Drainage easements shall be
carried from the street to a natural watercourse or to other drainage facilities.
(c) Private property. When a proposed drainage system will carry water across private
land outside the subdivision, drainage rights must be secured and indicated on the plat.
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(d) Dedication. The responsible party shall dedicate, by fee simple title, by drainage
easement, by conservation easement, or other means acceptable to the city, land on
both sides of existing canals or watercourses, to a distance to be determined by the city.
(e) Surface water management areas. Low - lying lands along watercourses subject to
flooding or overflowing during storm periods, whether or not included in areas for
dedication, shall be preserved and retained in their natural state as surface water
management ways. Surface water management areas subject to periodic flooding shall
not be included in land area necessary to comply with minimum lot dimensional
requirements.
Sec. 282. Lake maintenance
easements.
(a) Purpose. A lake maintenance
Steve: OK with language LMEs? I
easement shall be provided along the edge of all permanent lakes and water bodies
included in a subdivision or plat as a common feature. The purpose of the easement is
to provide permanent access for all operational, repair, or maintenance activities related
to such water bodies.
(b) Creation as a separate tract. Within all subdivisions or plats, a lake maintenance
easement shall be created as a separate parcel or tract around all lakes and water bodies
created as a common feature.
(c) Minimum dimensions. A lake maintenance easement shall be at least 20 feet wide,
with a minimum slope of 8:1 or as required by the city engineer.
(d) Access to lake maintenance easement. In addition to creation of separate tracts
for lake maintenance easements, each subdivision or plat shall create a permanent means
of access to such easement. The access shall be provided in a manner acceptable to the
city engineer.
(e) Improvements prohibited. Owners of property abutting a lake maintenance
easement are prohibited from installation of permanent improvements within a lake
maintenance easement. The easement holder may allow, subject to removal
agreements, the installation of nonpermanent improvements such as recreational
equipment, excluding pools; landscaping; and similar improvements which can be easily
moved to allow maintenance and repair activities.
Subdivision X.
Public Uses
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Sec. 283. Recreation standards.
(a) Dedication required. All residential developments shall dedicate park and recreation
areas as required in the comprehensive plan and this division.
(b) General requirements. Park and recreation sites shall comply with the general
requirements listed below.
(1) Character. Each site shall be of suitable size, dimension, topography, and
general character for the purpose intended.
(2) Access. Each site shall have adequate road access, parking, utilities, and drainage
available for the purpose intended.
(3) Restrictions. Each site shall not be subject to restricted easements.
(4) Location on plat. The area to be dedicated shall be specifically located on a
plat as "reserved for park or recreation purposes."
(5) Minimum area. There shall be a minimum of 600 square feet of land area per
dwelling unit dedicated for public parks and recreation in a proposed subdivision.
(6) Dedication. The responsible party shall dedicate the required recreation area
to the city for public use.
Sec. 284. Recreation sites.
(a) Character. Land reserved for dedication for recreation purposes shall be of a character
and location suitable for use as a playground, play field, ball field, or for other public
recreation purposes. Land reserved for dedication shall be relatively level and dry.
(b) Improvements. Land dedicated for park purposes shall be improved by the
responsible party to standards established by the city. Required improvements may be
established by the comprehensive plan, the requirements of this chapter, or by condition
of development order approval.
(c) Minimum requirements. A recreation site shall have a total frontage on one or more
streets of at least 300 feet, and all other dimensions of the site shall be not less than 300
feet in depth. Credit for any proposed recreation site shall only be given where the
facilities proposed on the site are consistent with the city's comprehensive plan. The site
shall comply with one or more of the park classifications listed and defined below.
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(1) Neighborhood park. A neighborhood park is a "walk to" park generally located
along streets where people can walk or bicycle without encountering heavy
traffic. A park of this nature serves the population of a neighborhood in a radius
of up to one -half mile. The minimum desirable size is 15 acres. The park area
should be suitable for intense recreational activities such as field games, court
games, playground apparatus, and picnic areas. If possible, a neighborhood park
shall be located immediately adjacent to a public school site.
(2) Community park. A community park is a "ride to" park designed to serve the
needs of four to six neighborhoods. A park of this nature serves the population
within a radius of three miles. Non - vehicular access to community parks is an
important feature. The minimum desirable size is 25 acres. The park area
should be suitable for intense recreational activities such as athletic complexes,
large swimming pools, field and court games, picnic areas, and multipurpose
recreational buildings.
(3) Urban district park. While maintaining a level of neighborhood and
community parks, the city also wishes to include one or more district parks into
the recreational system. An urban district park serves the recreational needs of
the entire city and is usually resource based. The park area may contain natural
or aesthetic quality for outdoor recreation, such as picnicking, boating, fishing,
swimming, camping and trail uses, as well as active play areas. A secondary
objective may be the conservation and management of the natural and cultural
environment, providing opportunities for observation of wildlife, and studying
nature and wildlife habitat. The minimum desirable size for an urban district park
is 200 acres.
(4) Specialized facilities. Specialized facilities, such as swimming pools, golf
courses, zoos, nature centers, and outdoor theaters may be appropriate in
combination with a community or urban district park or as a single - purpose
recreational activity. Size and location varies with the use.
Sec. 285. Payment in lieu of land.
(a) Payment in lieu of land. If a proposed subdivision, due to size or location, cannot
provide an appropriate or desirable dedicated park or recreation area, the responsible
parry shall be required, prior to approval of the plat, to provide the city with a cash
payment in lieu of land dedication.
(b) Payments. Cash payments in lieu of land dedication shall be placed in the recreational
land fund of the city. The funds shall be used by the city for improvement of a park,
playground, or recreation area, including the acquisition of property. The deposit must
be used for facilities that will mitigate the recreational impacts of the submission.
City of Palm Beach Gardens/Land Development Regulations
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(c) Amount of payment. The city shall determine the amount of payment. The payment
amount shall be based upon the report of a qualified appraiser appointed jointly by the
city and the responsible party, or by any other method acceptable to both parties. The
responsible party shall be pay all costs associated with determining the amount of
payment. Value of the land shall reflect development approvals granted by the city.
Sec. 286. Other recreation reservations.
(a) Minimum requirements. The recreational requirements of this section are the
minimum standards for providing recreational facilities based upon anticipated demand.
Nothing in this section shall be construed as prohibiting a responsible party from
dedicating other land, reserving other land, increasing the acreage of existing parks, or
increasing the facilities at the existing parks, in addition to the requirements contained
herein.
(b) Nonresidential requirements. The city may require nonresidential developments to
dedicate land or payment in lieu of land for recreational facilities.
Sec. 287. Other public uses.
(a) Other public uses. Except when an applicant utilizes a PUD in which land is
dedicated or reserved as required by chapter, a subdivision plan may include a school
site, recreation uses in excess of the requirements of section _, or other public use as
indicated on the comprehensive plan. The land area for such public uses shall be
incorporated into the subdivision plan or plat after one of the following occurs:
(1) a determination of public need or necessity by the city;
(2) a determination of public need or necessity by other public agencies involved in
the potential acquisition and use of such site; and
(3) a determination has been made to acquire the site by the city or by the affected
public agency or agencies.
(b) Referral to public body. The city shall refer the subdivision plan to the public body
concerned with acquisition of a site for its consideration and report. The city may
propose alternate areas for such acquisition and shall allow the public body or agency 30
days for reply. The agency's recommendation, if affirmative, shall include a map showing
the boundaries and area of the parcel to be acquired and an estimate of the time
required to complete the acquisition.
City of Palm Beach Gardens/Land Development Regulations
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(c) Notice to property owner. Upon a receipt of the public agency's recommendation,
the city shall notify the property owner and shall designate on the plat that area proposed
to be acquired.
(d) Duration of land reservation. The acquisition of land reserved by a public agency on
a plat shall be initiated within 12 months following written notification by the property
owner of the intent to develop all or a portion of the reserved parcel. The written
notification shall be accompanied by a proposed plat of the property and a tentative
schedule of construction. Failure on the part of the public agency to initiate acquisition
within the prescribed 12 months shall result in the removal of the "reserved" designation
from the property involved. Once the "reserved" designation is remove, the property
may be developed consistent with this chapter.
Subdivision XI.
Natural Resources, Features and Amenities
Sec. 288. Preservation.
Preservation. Existing natural resources which are within the area of the proposed subdivision
and which are environmentally sensitive or significant shall be preserved through the design of the
subdivision as provided in chapter . Examples of these natural resources or features are
specimen trees, groves, designated conservation areas, waterways, scenic points, community
landmarks, archaeological and historic sites, historical buildings, and similar irreplaceable physical
assets.
Subdivision X11.
Land Readjustment
Sec. 289. Resubdivision of land.
(a) Procedure. Resubdivision shall be subject to the same procedures prescribed for the
subdivision of land.
(b) Required. Resubdivision shall be required when the applicant proposes to make any of
the changes listed below.
(1) Streets and improvements. Changes to an approved street layout or the
provision of public improvements.
(2) Lot lines. Changes to existing lot lines.
City of Palm Beach Gardens/Land Development Regulations
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(3) Public or common lands. Changes in the amount or location of land
reserved for public use or land reserved for the common use of lot owners.
(4) Dedicated lands. Changes in the amount or location of land proposed to be
dedicated to the city or other public entities.
(5) Easements. Changes in the width, location, use, or other factors affecting the
potential use of easements.
(c) Resubdivision procedures. If a plat shows one or more lots containing more than
one acre of land and there is reason to believe that such lot will likely be resubdivided,
the city may require that the applicant allow for the future opening of streets and the
ultimate extension of adjacent streets and provide easements for same.
Sec. 290. "After- the - fact"
subdivisions. Steve: OK with language re metes and
bounds?
(a) Creation of additional
parcels. Following approval of
a boundary plat, the city council may approve creation of one or more additional parcels
by metes and bounds subdivisions of land within the nonresidential portion of an
approved PUD or PCD.
(b) Minimum requirements. A request to create additional parcels shall be approved in
the same manner as a boundary plat. In addition to the application requirements for
approval of a boundary plat, an application shall contain the information listed below.
(1) Conditions of approval. An affidavit, in a form acceptable to the city attorney,
that states the additional parcel will be subject to all conditions of approval
adopted by the city council for the PUD or PCD.
(2) Access to common areas. Evidence in a form acceptable to the city attorney
that users of the new parcel will retain access to all common areas, including
parking, pedestrian and vehicular circulation areas, vehicular use areas, drainage
areas, and similar common elements approved as part of approval of the entire
PUD or PCD.
(3) Master plan or site plan. Acknowledgment in a form acceptable to the city
attorney, that the new parcel will remain as an element of the overall approved
master plan or site plan.
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(4) Cross access. Evidence in a form acceptable to the city attorney that users of
the new parcel will retain perpetual cross access to and use of all common areas.
(5) Maintenance. Evidence in a form acceptable to the city attorney that owners
of the new parcel will retain their portion of perpetual responsibilities for
maintenance of the PUD or PCD within which they are located.
Sec. 291. Plat vacation.
(a) Owner - initiated plat vacation. The owner or owners of lots in an approved
subdivision may submit a development order application to the city council for vacation of
the plat with respect to their properties.
(1) Criteria. The city council may approve the application for vacation on such
terms and conditions as are reasonable to protect public health, safety and
welfare. However, the city council shall not approve a petition for vacation if the
approval will materially injure any public rights or the rights of a property owner
who does not consent to the plat vacation.
(2) Recordation of revised plat. When a plat vacation is approved, a revised
plat shall be prepared consistent with the requirements of this section. The
revised plat shall be recorded pursuant to the procedure established for an
original plat, or as otherwise approved by the city engineer and growth
management director.
(b) Developer- initiated plat vacation. The developer or owner of all of the lots in a
subdivision may submit a development order application for vacation of the plat. The
application may be approved, approved with conditions, or denied by the city council
subject to the criteria of section . Notwithstanding the city council's action
on the application, the developer or owner shall have no right to a refund of any monies,
fees, or charges paid to the city nor to the return of any property dedicated to the city or
other public entity.
(c) Government - initiated plat vacation.
(1) Conditions. The city council, on its own motion, may order the vacation of all
or any part of the plat of approved subdivision subject to all of the conditions
listed below.
a. No lots in the subdivision have been sold within five years from the date that the
plat was signed by the mayor.
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b. The developer has breached the development order and the city is unable to
obtain the funds to complete construction of required public improvements.
However, the vacation shall apply only to lots owned by the developer or
successor.
c. The plat has been of record for more than five years and the city council
determines that the further sale of lots within the subdivision presents a threat to
public health, safety, and welfare. However, the vacation shall apply only to lots
owned by the developer or successor.
(2) Procedure. Prior to any action by the city council to order vacation, in whole
or in part, of the plat of an approved subdivision, a notice in a newspaper of
general circulation shall be published and personal notice by certified mail to all
property owners in the subdivision shall be provided. The notice shall state the
time and place for a public hearing on the vacation of the plat. The city council
shall approve the plat vacation pursuant to the criteria in section
(3) Recordation of notice. If the city council vacates a plat, in whole or in part,
on its own initiative, a copy of the resolution shall be recorded with the clerk of
the circuit court. If the vacation is for part of the subdivision, the city shall
prepare and record a revised plat indicating both the portion of the original plat
that has been vacated and the portion that has not been vacated.
Division X.
Traffic Performance Standards
Subdivision 1.
Generally
Sec. 292. Intent.
Intent. The city finds that the safe, convenient and orderly flow of vehicular traffic is necessary
for the health, safety, welfare, and convenience of the public. It is the intent of this article to
ensure that roadways are in place and adequate to provide a level of service that will provide
safe, convenient, and orderly flow of vehicular traffic by providing specific standards, and
providing guidelines and procedures for the implementation and enforcement of the standards.
The city intends, by adopting the standards contained in this article, to implement the goals,
objectives, policies and standards of the city comprehensive plan, and particularly
objective . The city finds that safe, convenient, and orderly flow of vehicular traffic will
be achieved by the standards set forth in this article.
Sec. 293. Applicability.
City of Palm Beach Gardens/Land Development Regulations
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(a) Generally. Unless otherwise provided, this article shall apply to the development order
applications listed below.
(1) Any application for change in land use or zoning classification. The
requirements of this division shall be used in evaluating the appropriateness and
desirability of a development order application and does not guarantee the
approval of any subsequent application for development approval.
(2) Others. Any other development order application or approval as defined in this
chapter.
(b) Previously- approved development approvals.
(1) Existing approvals. Development order applications to amend an existing
development order approved prior to the adoption of the traffic performance
standards on February I , 1990, are subject to the standards only for the amount
of traffic generated in excess of the existing approval.
(2) Existing uses. Any development order application affecting property which is
presently occupied, used, and generating traffic shall be subject to the traffic
performance standards only for the amount of traffic generated that is in excess of
the existing use. For purposes of this subsection, the use of a structure or land
which has been abandoned for less than five years shall be considered an existing
use.
(3) Required improvements. Any development order approval amending a
previously- approved development order which required road construction, right -
of -way acquisition, design, contribution of money, or other improvements to a
link or major intersection shall include a requirement to provide performance
surety or security to secure the improvements.
(4) Development order amendments. Development order applications to
amend an existing development order approved after adoption of the traffic
performance standards are subject to the standards for the amount of traffic
generated that is in excess of the existing approval.
(c) Nonapplicability.
(1) Acts and omissions. The traffic performance standards shall not apply to
applications for development order approval filed after the effective date of the
standards if specified acts or omissions of the city which were relied upon by the
City of Palm Beach Gardens/Land Development Regulations
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property owner effectively precluded the property owner from filing an
approvable application for a development approval prior to such date. Only the
city council may make a determination of the applicability of this subsection. A
determination of this nature shall be made in a public meeting upon application
of the property owner. The burden to affirmatively demonstrate by written
evidence the applicability of this subsection shall be upon the property owner.
(2) City- initiated changes. The traffic performance standards shall not apply to
city- initiated future land use plan or zoning district designation changes which
occur as part of an areawide review and district boundary change program.
However, the city- initiated change shall not be adopted if such changes have the
effect of authorizing development that is not subject to the traffic performance
standards.
(3) Comprehensive plan consistency. The traffic performance standards shall
not apply to any city- initiated future land use plan or zoning district designation
amendments to achieve consistency with the city's comprehensive plan.
However, the city- initiated amendments shall not be adopted if the amendments
have the effect of authorizing development that is not subject to the traffic
performance standards.
(d) Entitlement. A site - specific
development order may be issued Check "Figure 2" of land use element -
for a project not exceeding ensure correct reference.
entitlement density or intensity as
set forth in the 1989
comprehensive plan of the Palm Beach County. Entitlement density for residential land
uses shall be based on the densities set forth in figure 2 of the land use element of the
plan that correspond to the densities established in the city's comprehensive plan. Any
density exceeding 18 dwelling units per acre shall receive the entitlement level set forth in
the "5 to 18 dwelling unit per acre" range established by the city. Entitlement density for
commercial and industrial land uses shall be 2 '/z percent of the maximum square footage
of floor area allowed under the land use category or zoning district of the municipality.
(e) Vested rights. The requirements of this article shall not apply in any manner to impair
vested rights established pursuant to state law, to the extent that any project or portion
thereof is vested and is exempt from the requirements of this article.
Subdivision 11.
Standards
Sec. 294. Established.
City of Palm Beach Gardens/Land Development Regulations
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(a) Traffic performance standards established. There is established a traffic
performance standard for all major thoroughfares and major intersections within the city.
Except as specifically provided in this division, development order approvals may not be
issued for a proposed project which would violate this standard.
(b) Alternate level of service standards. The standards and requirements of this
division shall not prohibit the city council from adopting alternate level of service
standards for specified roadway links or intersections. Alternate standards may be
adopted for specified roadway links or intersections, which due to circumstances beyond
control of the city, are currently or projected to exceed the level of service standard
adopted herein. The city council also may adopt alternate standards if roadway or
intersection improvements are prohibited due to physical, environmental, historical, or
aesthetic constraints.
Sec. 295. Level of service standards.
Level of service standards. Level of service standards (LOS) are established for roadways
within the urban and rural service areas as indicated in Table
Table
Level of Service Standards for Urban and Rural Service Areas
-'
Peak;Hour, Le vel.of
Facility Type_
:Service Standard.
Neighborhood Collector
D
City Collector
D
Non -FIHS Roads included in Palm
Beach County Thoroughfare Plan (1)
---------- - - - - --
--------------- -
■County Minor Arterial
---------- - - - - --
D
--------------- -
■State Minor Arterial
----------------
E
--------------- -
■State Principal Arterial
D
FIHS Roads
D
Excepted Links
---------- - - - - --
--------------- -
■Beeline Highway (Northlake Boulevard to
CR711)
C
City of Palm Beach Gardens/Land Development Regulations
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(c) Average peak hour volumes. If available, the peak season and off -peak season
turning movements shall be used to determine average peak hour volume. If turning
movement counts from both seasons are not readily available, the count which is
unavailable may be established using factors established by the city and county traffic
engineer based on the best available data and generally accepted traffic engineering
principles.
Sec. 298. Radius of development influence.
Radius established. The maximum radius of development influence for specific types of
proposed projects shall be five miles. The actual radius of development influence may be less
and shall be based on the criteria set forth in section
Sec. 299. Phasing.
Phasing. Phasing may be utilized to establish compliance with the traffic performance standards
subject to compliance with the criteria listed below.
(a) Concurrency. The proposed project is able to comply with all other concurrency
requirements of the city.
(b) Links and intersections. The proposed phasing results in the links and intersections
of the proposed project complying with the link and intersection standards set forth in
sections and for the buildout of the project. All phases including buildout
shall comply with the standards set forth in this article.
(c) Committed roadway improvements. The proposed phasing is consistent with the
extent and timing of committed roadway improvements.
(d) Committed improvements. The county engineer or city engineer shall confirm that
planned roadway improvements or construction are committed.
(e) Applicant commitments. For any roadway improvement which is to be completed
by the applicant, a condition of approval must be imposed by the city council or a road
agreement executed, and sufficient performance security must be provided.
(f) Building permits. Building permits may be issued for that phase of a project which
was analyzed and approved based on a specified phasing program which standing alone
would be the entitlement.
Sec. 300. Reliance on committed roadway improvements.
City of Palm Beach Gardens/Land Development Regulations
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Traffic impact study required. In order to demonstrate that an application for development
order approval complies with the traffic performance standards, the applicant shall submit a traffic
impact study.
Sec.302. Scope.
Scope. The traffic impact study (TIS) shall include the requirements listed below.
(a) Traffic performance standards. The TIS shall address the requirements and
standards the city's traffic performance standards.
(b) Brevity. The TIS shall be presented concisely, using maps whenever practicable.
(c) Assumptions. The TIS shall state all assumptions and sources of information.
(d) Detail. The form and level of detail required shall be established by the city engineer in
accordance with accepted traffic engineering principles.
Sec. 303. Methodology.
(a) Generally. The methods of evaluation, standards, and information in this section shall
be addressed in the traffic impact study. The city engineer may approve alternate
methods if the applicant can demonstrate that due to circumstances peculiar to the
proposed project or major thoroughfare system impacted by the proposed
development, other methods or standards provide a more accurate means to evaluate
the links, intersections, and traffic impact of the proposed project.
(b) Level of service. The TIS shall utilize the levels of service, as defined in Table I and 2
of section for all major thoroughfares within the radius of development
influence
(c) Traffic assignment. The total traffic shall be generated, and traffic assignments made
for each link and major intersection within the project's radius of development influence
in conformity with accepted traffic engineering principles. The assignments shall cover
each phase and the buildout period of the project.
(d) Radius of development influence. The traffic study shall define the radius of
development influence up to a maximum travel distance of five miles.
(e) Projected buildout period. The projected buildout period of the project shall be set
forth in the study and shall be subject to the review and approval of the city engineer.
City of Palm Beach Gardens/Land Development Regulations
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(f) Existing traffic. Average annual daily traffic (AADT) and average peak hour traffic shall
be used, as defined herein. Where current data are not available to establish existing
traffic, the applicant shall elect one of the methods listed below to establish existing traffic
levels.
(1) Counts. The applicant may provide traffic counts if approved by the city
engineer. Traffic counts of this nature shall be performed in accordance with
accepted traffic engineering principles. Counts shall be made during any
continuous 24 -hour period in accordance with accepted traffic engineering
principles. All data are subject to review and acceptance based upon accepted
traffic engineering principles.
(2) Factors. Where a peak season or off -peak season traffic count is not readily
available, the count which is unavailable may be established using factors
established by the city traffic engineer based on the best available data and
generally accepted traffic engineering principles.
(g) Traffic generation. Traffic generated by the project shall be calculated in the manner
listed below.
(1) ITE rates. The rates published in the latest edition of the Institute of
Transportation Engineers (ITE) trip generation manual shall be used. However,
the city engineer may accept other standards that provide a more accurate means
to evaluate the rates of generation, including palm beach county traffic generation
rates. The other standards shall be based upon documentation supplied by the
applicant which affirmatively demonstrates the alternative method based on
acceptable engineering principles.
(2) Local conditions. The city engineer or county engineer may publish and
update, from time to time, trip generation rates for local conditions. If applicable,
these rates shall be used instead of the ITE rates.
(3) Similar developments. Actual traffic counts, gathered in accordance with
accepted traffic engineering principles, which establish the generation rate at three
similar developments located in similar areas may be used if approved by the city
engineer. These counts shall be made on weekdays, as set forth in subsection (f)
of this section, for each site and averaged.
(h) Pass -by trips. Credit against the trip generation of a proposed project may be taken
for pass -by trips. Pass -by trips shall be based on the most recent rates published by the
City of Palm Beach Gardens/Land Development Regulations
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Institute of Traffic Engineering (ITE) or the rates published by Palm Beach County for
local conditions.
(1) TIS and pass -by trips. The TIS must detail the following information:
a. all traffic generated from the project and the turning movements, and;
b. the number of pass -by trips subtracted from the traffic generated by the project,
during the buildout period of the project.
(2) Other uses. If a TIS includes land uses other than those listed in the ITE trip
generation manual or county documents, and proposes an increase in the
percentage credit for pass -by trips proposed in excess of the amount in those
documents, the calculations shall be justified based on accepted traffic engineering
principles. The calculations must be acceptable to the city engineer as part of the
required traffic study, based upon the peculiar characteristics and location of the
proposed project.
(3) Factors. Factors which should be considered in determining a different pass -by
trip rate include type and size of land use, location with respect to the
surrounding major thoroughfare system, and existing and projected traffic
volumes.
(i) Internal and intrazonal trips. Reduction in overall trip generation rates may occur
as a result of multi -use or mixed use projects.
(1) Multi -use project. For the purposes of this section, a multi -use project is
defined by ITE as one that would "contain two or more land uses or building
types that each attract people from outside the project, would share parking
facilities and driveways, and would include uninterrupted pedestrian connections."
(2) Mixed use. For the purposes of this , a mixed -use project would
contain two or more land uses which are accessible without accessing the major
thoroughfare system.
(3) Factors. Internal and intrazonal factors will vary from project to project
depending on location, size, as well as number and intensity of land uses, and
must be justified based on accepted engineering principles acceptable to the city
engineer.
(j) Background traffic.
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(1) Generally. Existing traffic volumes will likely increase or decrease during the
buildout period of the proposed project. The traffic study must account for this
increase or decrease in traffic based on background traffic during the buildout
period of the proposed project. The projection of background traffic will be
based upon the information set forth on the historical traffic growth table and the
table of major projects and shall be established in accordance with the
requirements set forth in this article and accepted traffic engineering principles.
This change in traffic shall be shown as it relates to the proposed phasing.
(2) Historical traffic growth table. Using the historical traffic growth table, the
study shall project the increase or decrease in traffic volumes based on
background traffic within the proposed project's radius of development influence
during the buildout period of the proposed project.
(3) Major project maps. The effect of major projects shall be considered in
projecting the increase or decrease in traffic volumes. Using the major project
table, all traffic from the unbuilt portion of major projects approved prior to the
proposed project's traffic study which will add more trips than ten percent of the
level of service "D" service volume within the proposed project's radius of
development influence during the buildout period of the proposed project shall
be specifically accounted for in projecting background traffic. No double counting
of trips shall occur, and the historically- derived projections shall be adjusted based
upon the impact of major projects. Only the traffic generated from the unbuilt
portions of the major projects, as set forth in this subsection, which are projected
to be built during the buildout period of the proposed project shall be
considered.
(4) Other considerations. The projection of background traffic coincident with
the buildout period or any specified phasing program of the proposed project
shall consider the criteria listed below, subject to the review and approval of the
city engineer.
a. Growth characteristics. Characteristics of existing and future growth in the
radius of development influence.
b. Development. Extent of existing, approved and likely development in the
radius of development influence.
c. Existing development. Types and sizes of existing and approved
development in the area.
d. Traffic circulation. Traffic circulation in the area.
City of Palm Beach Gardens/Land Development Regulations
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e. Committed projects. Diversions to committed roadway improvements.
f. Traffic patterns. Changes in traffic patterns due to future growth.
The intent of the criteria listed above is to ensure that all traffic is accounted for and
that double counting does not occur.
(k) Committed roadway improvements. Committed roadway improvements shall be
considered completed as scheduled for the purpose of preparation of the study. Phasing
of the project to committed improvements shall be required. Confirmation of
committed improvements and the timing of the commitment shall be subject to the
confirmation of the city engineer.
(1) Project phasing. The traffic study may reflect a proposed phasing schedule for the
development of the proposed project. This schedule shall address the time at which
each phase will place traffic impacts on the major thoroughfares and intersections within
the radius of development influence. The proposed phasing plan shall include the
information listed below.
(1) Trip generation. Project traffic figures and assignments for each proposed
phase.
(2) Committed roadway improvements. Where the evaluation of a phased
traffic impact includes the effect of committed roadway improvements, sufficient
information regarding the proposed construction shall be included to ensure that
the roadways realistically will be constructed at the times stated.
(m) Intersection analysis. All major intersections within the proposed project's radius of
development influence to which the proposed project would, if approved, add more
than ten percent of total traffic on an AADT basis for any link of the major intersection
during the buildout period of the project shall be analyzed as indicated below.
(1) Methodology. The analysis shall be based on the procedures contained in the
latest edition of the Highway Capacity Manual (HCM).
(2) Committed roadway improvements. The intersection analysis shall include
only existing or committed roadway improvements as it relates to intersections.
(3) Peal< hours. Generally, the study shall address the critical movement analysis
during both the a.m. and p.m. peak hours unless traffic characteristics dictate that
only one of the peak hours be analyzed. In those cases, the city engineer may
City of Palm Beach Gardens/Land Development Regulations
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noise, vibration, smoke, dust or other particulate matter, toxic or noxious waste
materials, odors, fire and explosive hazards, or glare.
(b) Noise. Equivalent sound levels shall not exceed the standards listed below.
(1) Residential. If the use receiving noise is residential:
a. between 8:00 a.m. and 9:00 p.m.: 55 dBA; and
b. between 9:00 p.m. and 8:00 a.m.: 50 dBA.
(2) Commercial. If the use receiving noise is commercial:
a. between 8:00 a.m. and 9:00 p.m.: 65 dBA; and
b. between 9:00 p.m. and 8:00 a.m.: 60 dBA.
(3) Industrial. If the use receiving noise is industrial: anytime, 75 dBA.
(4) Exemption. Noises from temporary construction and maintenance activities
between 7:00 a.m. and 9:00 p.m., except Sundays and federal holidays, are
exempt from this standard.
(c) Odor. A use or activity shall not generate any odor which is offensive at the property
line and beyond. Odors from temporary construction and maintenance activities
between 7:00 a.m. and 9:00 p.m., except Sundays and federal holidays, are exempt
from this standard.
(d) Glare or heat. Any operation producing intense glare or heat shall be performed
within a completely enclosed building. Such operation will not produce heat or glare
beyond the property line of the lot on which the operation is located.
(e) Radiation. Any activity involving ionizing radiation shall not be permitted which will
cause radiation at any point at or beyond any lot line in excess of limits contained in
United States Department of Energy rules and regulations.
(i) Vibration. Every use shall be operated in such a manner that the ground vibrations
inherently and recurrently generated are not perceptible without instruments at any point
at or beyond any lot line on which the use is located. Vibrations from temporary
construction and maintenance activities between 7:00 a.m. and 9:00 p.m., except
Sundays and federal holidays, are exempt from this standard.
City of Palm Beach Gardens/Land Development Regulations
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still require analysis of other peak hours where indicated by accepted traffic
engineering principles. The total peak hours analyzed shall not exceed two in
number.
(n) Compliance. The analysis must demonstrate compliance with the standards contained
in division of this article pertaining to standards, project standards, link standards, and
intersection standards.
(o) Professional services. The traffic impact studies for projects shall be prepared,
sealed, and signed by a professional engineer, licensed to practice in the State of Florida.
Sec. 304. Site - related improvements.
Site - related improvements. In addition to the link and intersection standards and studies in
this article, the peak hour turning movements shall be shown and analyzed using the latest edition
of the HCM procedures for all points where the project's traffic meets the directly accessed links
or other roads. No credit shall be taken from site - related turning movements for the pass -by
trips in this analysis. Recommendations shall be made concerning traffic control, laneage, storage
requirements, sight triangles and the like.
Sec. 305. Conditions of development order approval.
Development order approval. Approval of a development order shall contain such
conditions as are necessary to ensure compliance with all requirements of this . The city
council, planning and zoning commission, and the growth management department approvals
are authorized to impose such conditions. The city council, planning and zoning commission,
and growth management department may require that a road agreement be executed prior to
the issuance of the development order approval. Performance security shall be required to
ensure compliance with the conditions or performance under the road agreement. The road
agreement or conditions of approval shall be binding on the owner, successors, assigns, and
heirs. The road agreement, or notice thereof, shall be recorded in the official records of the
clerk of circuit court in and for Palm Beach County.
Division XI.
Performance Standards
Sec. 306. Performance standards.
(a) Applicability. The performance standards in this section shall apply to all uses in the
city. Each use shall be constructed, maintained, and operated to protect occupants of
adjacent premises from injurious or obnoxious effects from the emission or creation of
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(g) Smoke. Every use shall be operated in such manner as to prevent the emission of
smoke as specified in chapter Florida Administrative Code, as administered by the
Palm Beach County Health Department and the Florida Department of Environmental
Protection.
(h) Dust and dirt. Every use shall be operated in such manner as to prevent the emission
into the air of dust or other solid matter, which may cause damage to property or
discomfort to persons or animals at or beyond the lot line of the property on which the
use is located, Dust and dirt emission from temporary construction and maintenance
activities between 7:00 a.m. and 9:00 p.m., except Sundays and federal holidays, are
exempt from this standard.
(i) Toxic or noxious matter. Toxic or noxious matters shall not be discharged in such
concentration so as to be detrimental to or endanger the public health, safety, comfort or
welfare or cause injury or damage to property or business.
(j) Fire and explosion hazard. All industrial and commercial activities shall occur in such
a manner and with such precautions against fire and explosion hazards as to produce no
explosion hazard to a use on adjacent property. Storage of combustible materials shall
comply with all building and fire prevention codes. Materials or products which produce
flammable or explosive vapors under ordinary weather temperatures shall be adequately
safeguarded.
(k) Liquid or solid waste.
(1) Liquid wastes. Liquid materials shall not be discharged into a wastewater
treatment system, septic tank, body of water, or into the ground if such discharge
is of a nature or temperature that will result in water supply contamination or
emit dangerous or objectionable elements. Discharge of all liquid materials shall
comply with applicable federal, state, county, or city laws.
(2) Solid waste. The accumulation of solid waste conducive to the breeding of
rodents or insects is prohibited. Solid waste shall be stored and disposed of in a
manner consistent with federal, state, county, or city laws.
(3) Treatment plants. Effluent from water or wastewater treatment plants shall
comply with applicable federal, state, or county laws.
(1) Electromagnetic interference. Activities shall not be permitted, except domestic
household appliance use, which produce electromagnetic interference in excess of
standards adopted by the Federal Communications Commission.
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Division XI1.
Open Space
Sec. 307. Open space.
(a) Intent. Pursuant to the city comprehensive plan and these land development
regulations, open space shall be provided within all developments approved by the city.
The policies of the comprehensive plan require the protection of designated conservation
areas and the creation of parks and recreation facilities.
(b) Open space criteria. The following areas listed below qualify wholly or partially as
open space.
(1) Recreation facilities. Recreation facilities may be calculated as a portion of
open space requirements subject to the criteria listed below.
a. If a recreation facility is located or concentrated in a single or localized section of a
PUD or other approved development, and less than 30 percent of the residential
dwelling units abut the facility, only 50 percent of the area contained in the facility
may count toward complying with open space requirements.
b. If the recreation facility or facilities are dispersed throughout a PUD or other
approved development, and between 30 percent and 60 percent of the
residential dwelling units abut such facilities, 75 percent of the area contained in
the facility may count toward complying with open space requirements.
c. If more than 60 percent of the residential dwelling units abut the recreation facility
of facilities, 100 percent of the area contained in the facility may count toward
complying with open space requirements.
(2) Water bodies. Water bodies may be calculated as a portion of open space
requirements subject to the criteria listed below.
a. Fifty percent of the area contained in manmade water bodies and canals with
average water widths less than 60 feet may count toward complying with open
space requirements.
b. 100 percent of the area contained in manmade canals or water bodies with
average water width wider than 60 feet may count toward complying with open
space requirements.
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c. Manmade water bodies and canals, however, shall not account for more than 50
percent of the required open space in a development.
d. Public waterways, water bodies, and canals shall not be used to comply with
open space requirements.
e. If a water body is natural and the shoreline vegetation will not be disturbed by the
development, 100 percent of the portion of the water body located on the
development site may be counted to comply with open space requirements.
(3) Environmentally sensitive lands. Environmentally sensitive areas, including
natural habitats of unique and significant value, may be calculated as a portion of
open space requirements subject, to the criteria listed below.
a. If natural habitats of unique and significant value are determined to exist, such
areas shall be identified and left in an undisturbed state. These areas shall be
adequately protected or incorporated into the design of the PUD as a preserve
area with a minimum of improvements permitted, consistent with
The total area so preserved may be counted as complying with open space
requirements.
b. Preserved lands shall not make up more than 50 percent of the required open
space, unless otherwise approved by the city council.
(4) Pedestrian areas. The total area in a continuous open space pedestrian
system consisting of permanently maintained walks and trails six to 12 feet wide
leading to a natural amenity, recreation facility, or commercial use, and allowing
non - motorized vehicular transportation may be counted as complying with open
space requirements
(5) Public parks. The total area contained in public parks may be counted as
complying with open space requirements, subject to the following standards:
a. the park may or may not be linked with the development's open space system;
b. consists of at least one acre;
c. possesses minimum dimensions of 100 feet on the front and side yards; and
d. is equipped with one or more amenities, including but not limited to benches,
playground apparatus, and barbecue pits.
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(6) Private lands. Private lands may be calculated as a portion of open space
requirements subject to the criteria listed below.
a. Private lands include any privately maintained or privately owned exterior open
space adjacent to and for the exclusive use by the residents of the individual
dwelling unit.
b. Private open space may be enclosed or partially enclosed by walls, hedges,
buildings or structures.
c. Private open space includes, but is not limited to, balconies, terraces, porches,
decks, patios, and atriums, and may be counted toward complying with open
space requirements.
d. The total area contained in private exterior open spaces shall not exceed five
percent of the gross area of the PUD and shall not decrease the amount of
ground level open space below that acreage equal to 35 percent of the gross
area of the PUD.
e. All pervious land areas between the property or lot lines and the buildings within
the development shall count as open space, except as otherwise provided.
L The area contained in public or private street rights -of -way is not considered as
open space and receives no credit toward complying with open space
requirements.
(c) Management and maintenance. Legal instruments, acceptable to the city attorney,
which ensure adequate management and maintenance of an open space area and all
areas subject to common ownership must be provided by the developer prior to initial
building permit approval. Legal instruments provided for dedications, covenants,
community associations, and subdivision controls shall include all provisions listed below.
(1) Title. Place title of common property in a form of common ownership by the
fee simple property owners of the PUD, such as a duly constituted and legally
responsible community association, cooperative, and the like.
(2) Community property. Regulate the use of common property.
(3) Management and maintenance. Place responsibility for management and
maintenance of common property. The city council, at its discretion, may require
the applicant to enter into a contract with the city for maintenance of commonly
held properties.
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(4) Enforcement. Place responsibility for enforcement of covenants.
(5) Assessments. Provide for the assessment of each lot by the governing
association for its proportionate share of maintenance costs.
(d) Parkway system. Any development fronting on a road designated as a parkway shall
install or develop a buffered multi -use pathway as provided in the comprehensive plan
and . The parkway shall include landscaped medians, a 12 -foot pathway,
and landscaped greenbelts. Preservation of native vegetation is encouraged.
Sec. 308. Historical and archaeological sites.
(a) Designation. The criteria listed below shall be used to designate a site of historical or
archaeological significance in the city.
(1) National listing. A site located in the city that is listed in the National Register
of Historic Places maintained by the U.S. Department of the Interior pursuant to
the Historic Preservation Act of 1966, as amended.
(2) State listing. A site located in the city that is listed in the state master site file
maintained by the Florida Department of State.
(b) Application. Any development activity on a property that contains a site of historical or
archaeological significance as defined in this subsection shall be subject to the prevailing
state and federal regulations.
Division X111.
Newsracks
Sec. 309. Newsracks.
(a) Rules of construction. For the purposes of administration and enforcement of this
section, unless otherwise stated in this section, the rules of construction listed below shall
apply to the text of this section.
(1) Control. If there is any difference of meaning or implication between the text of
this section and any caption, illustration, summary table, or illustrative table, the
text shall control.
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(2) Definitions, words, and phrases. The words, terms, and phrases listed
below, shall have the meanings ascribed to them in this subsection, except where
the context clearly indicates a different meaning.
a. Advertising circular means any publication that contains only advertising and
not news reports.
b. Bike path means that portion of a right -of -way improved, designed, or
ordinarily used for bicycle traffic.
c. Distributor means the person responsible for placing and maintaining the
newsrack, the owner of the newsrack, or the publisher of the newspaper, news
periodical or advertising circular vended therein.
d. "Includes" shall limit a term to the specified example, but is intended to extend
its meaning to all other instances or circumstances of like kind or character.
e. Newsrack means any self - service or coin - operated box, container, storage unit
or other dispenser located, placed, installed, used, or maintained for the display,
sale or distribution of newspapers or other news periodicals or advertising
circulars.
f. Right -of -way means that area dedicated to public use or otherwise owned by a
public agency for public street purposes and shall include but not be limited to
roadways, swales, bike paths and sidewalks.
g. Roadway means that portion of the right -of -way improved, designed, or
ordinarily used for vehicular traffic.
h. Sidewalk means any surface within a right -of -way provided for the primary use
of pedestrians.
i. Swale means any area within a right -of -way which is not either a bike path,
sidewalk, or roadway. The term shall also include any graded area or any area
improved with sod material, which is designed to convey stormwater runoff and
retain water for a brief period following a rainfall event.
j. "Used for" includes the phrases "arranged for," "designed for," "maintained for,"
or "occupied for."
(3) "And" and "either or." Unless the context clearly indicates the contrary,
where a provision involves two or more items, conditions, provisions or events
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connected by the conjunction "and" or "either ... or," the conjunction shall be
interpreted as indicated below.
a. "And" indicates that all the connected terms, conditions, provisions, or events
shall apply.
b. "Or" indicates that the connected items, conditions, provisions, or events may
apply singly or in any combination.
C. "Either ... or" indicates that the connected items, conditions, provisions or
events shall apply singly, but not in combination.
(b) Authority and legislative intent. This section is adopted pursuant to the authority
granted to municipalities under Article VIII, Section 2 of the Constitution of the State of
Florida and Chapter 166, Florida Statutes. This section is intended solely to further the
public's health, safety and general welfare by ensuring that newsracks are located so as to
protect both pedestrians and the operators of motor vehicles and bicycles. This section
is in no way intended to regulate or obstruct the free flow of information by the "press"
or other print media. .
(c) Standards for maintenance, installation, location, and placement. Any
newsrack located in whole or in part within the city limits shall comply with the standards
listed below.
(1) Advertising prohibited. Newsracks shall not be used for advertising signs or
publicity purposes other than to state the name of the newspaper or news
periodical sold therein, or to advertise a section, issue or supplement of the
newspaper or news periodical sold therein.
(2) Maintenance. Each newsrack shall be maintained in a clean, neat and attractive
condition and in good repair at all times.
(3) Name of distributor. Each newsrack shall have affixed to it, in a readily visible
place, the name, address and telephone number of the distributor of the
newsrack.
(4) Encroachments. A newsrack shall not be used or maintained if or when such
equipment projects onto, into, or over any part of or on any roadway, bicycle
path, or pedestrian sidewalk.
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(5) Installation. Newsracks shall not be installed, used, or maintained which, in
whole or in part, rests upon, in, or over any public right -of -way or other public
property, which may result in the following:
a. such installation, use or maintenance endangers the safety of persons or
property; or
b. when such site or location is used for public utility purposes, public transportation
purposes or other government use; or
c. when such newsrack interferes with or impedes the flow of pedestrian or
vehicular traffic, the ingress into or egress from any residence, place of business,
or any legally parked or stopped vehicle; or
d. when such newsrack interferes with or impedes the use of poles, posts, traffic
signs, or signals, hydrants, mailboxes or other objects permitted at or near the
location; or
e. when such newsrack interferes with the use of machinery to maintain any
sidewalk or swale; or
f. when such newsrack interferes with the ordinary use of public property.
(6) Swales. A newsrack shall not be permitted in any city- maintained swale when
placement of the newspaper rack interferes with the maintenance or integrity of
the swale.
(7) Maximum dimensions. Newsracks, whether single- or double -wide, shall not
exceed 54 inches in height, 45 inches in width, or 24 inches in depth.
(8) Walls. Newsracks placed adjacent to the wall of a building shall be placed
parallel to such wall and not more than six inches from the wall.
(9) Installation in rights -of -way. Newsracks shall not be chained, bolted, or
otherwise attached to any fixture located in a right -of -way when such chaining,
bolting or other attachment substantially increases dangers to the safety of
persons or property.
(10) Attachment on private property. Newsracks shall not be chained, bolted,
or otherwise attached to any property or to any permanently fixed object unless
the consent of the owner of such property or object is obtained in writing.
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(1 1) Multiple racks. Newsracks may be placed, chained, or otherwise attached to
one another. However, not more than three newsracks containing the same
publication may be joined or placed together in this manner, and a space of not
less than 18 inches shall separate each group of three racks. For purposes of this
section, one double -wide newsrack shall constitute two single newsracks.
(12) Weight limits. Multiple newsracks permitted under this section, when empty
and including any concrete or other base structure, shall not weigh in the
aggregate in excess of 225 pounds.
(13) Prohibited locations. Newsracks shall not be placed, installed, used, or
maintained within 15 feet of the following:
a. any marked crosswalk;
b. the curb return of any unmarked crosswalk;
c. any fire hydrant, fire call box, or other emergency facility;
d. any driveway; or
e. any sign marking a designated bus stop.
(14) Separation.
a. Not more than three single newsracks containing the same issue or edition or the
same publication shall be located the lesser of the following: on the same side of
the street and within the same block or within 1,000 feet on the same side of the
street.
b. However, a distributor may locate newsracks in excess of this limitation by
demonstrating a public need for the excess newsracks. A public need may be
established by the following method, but such method is not exclusive. After
notice to the city, the distributor may monitor the sales activity of the newspaper
at a particular location for a period of one month. If, during that one -month test
period, the distributor can demonstrate that the average circulation from that
newsrack equals or exceeds 75 percent of the capacity of the newsrack, a public
need is established and an additional single newsrack may be placed at the
location.
c. This separation shall not apply in any area that is predominately developed for
business or commercial purposes.
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d. For purposes of this subsection, one double -wide newsrack shall constitute two
single newsracks.
(15) Handicapped accessibility. The placement of all newsracks in this city shall
comply with all local and state handicap accessibility regulations.
(16) Liability and hold harmless.
a. Each owner of a newspaper rack shall execute a document, approved by the city
attorney, agreeing to hold the city, its officers, employees, and agents free and
harmless from any claim, demand, or judgment in favor of any person arising out
of the location of any newsrack located upon, in, or over a public right -of -way or
other public property.
b. Each owner of a newspaper rack shall deposit with the city manager a certificate
of insurance evidencing that a liability insurance policy has been issued in
minimum amounts set by the city manager. The policy shall name the city as an
additional insured and shall contain a provision that the policy cannot be canceled
except upon five days' written notice to the city of the fact of such cancellation. If
such insurance is canceled at any time during the time the newsrack is installed or
maintained on public property, the newsrack shall be removed in accordance
with this section.
(17) Location on private property. Any newsrack located totally on private
property shall be subject to and comply with the provisions of this section
contained in subsections. The distributor shall receive permission of the property
owner for placement of newsracks on private property.
(18) Abandonment. If a newsrack remains empty for a period of 30 continuous
days, the equipment shall be deemed abandoned and may be treated in the
manner as provided in subsection for a newsrack in violation of this section.
(d) Enforcement.
(1) Violations. If a newsrack is or has been installed, used, or maintained in
violation of this section, notice of violation pursuant to section _shall be issued
to the affected distributor. In addition, a copy of the notice shall be posted on the
offending newsrack.
(2) Failure to comply.
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a. The city may remove a newsrack whose owner fails to correct a violation within
the time specified by order of the code enforcement board.
b. If the offending newsrack is not properly identified as to the distributor under
subsection (d)(3) of this section and the distributor is not otherwise known, a
notice of violation may be posted thereon. If the violation is not corrected within
30 days, the newsrack shall be removed by the city. Any newsrack so removed
shall be stored by the city at the distributor's expense for a period of 90 days. The
newsrack shall be released to the distributor upon a proper showing of
ownership and payment of all storage charges.
c. If the newsrack is not claimed within the 90 -day period, the newsrack may be
sold at public auction and the proceeds applied first to storage charges and then
paid to the city. At least ten days prior to the auction, the city clerk shall publish a
description of the newsrack, the location from which it was removed, and a
notice of the auction in a newspaper of general circulation in the city.
d. The city clerk, in addition, shall provide the distributor or newsrack owner, if
known, with written notice of the auction by certified mail, return receipt
requested.
e. If a newsrack distributor has been ordered by the code enforcement board to
correct a violation of this section, the removal of the newsrack shall be stayed
pending final disposition of an appeal, if any, to the circuit court as provided for in
section and Chapter 162, Florida Statutes.
(3) Fees. The owner of a newsrack shall pay to the city an annual administrative fee,
as established by the city for each newsrack located within the city. All of the fees
collected are to be used solely to defray the administrative expense of regulating
the use of newspaper vending machines, pursuant to this section and shall not be
placed into the city's general revenue fund.
(4) Safety. All newsracks which are potentially unsafe in severe weather conditions
must be secured to the satisfaction of the building official in accordance with the
standards of the building code. If the newsrack is determined by the building
official to be unsafe and is not secured or removed by the owner, the city may
remove the newsrack pursuant to this subsection.
(e) Nonconforming newsracks.
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(1) Status. Every newsrack lawfully installed within the city on the effective date of
this section and which is a type of newsrack not permitted in this section may be
continued for a period of two years, except as provided in this subsection.
a. Nonconforming newsracks shall not be enlarged or altered in any way except to
bring the newsrack into conformity.
b. If that newsrack is destroyed by any means to an extent of 60 percent or more of
its replacement costs at the time of destruction, the newsrack shall not be
replaced except in conformance with this chapter.
c. If any newsrack is removed for any reason, other than maintenance or name
change of occupant, from its location and reinstalled, the newsrack sign shall
conform to all requirements of this chapter.
(2) Expiration of nonconforming status. Upon expiration of the time period as
stated in subsection herein, each affected newsrack shall be
immediately removed or brought into compliance with the requirements of this
section.
(3) Effect of annexation. Any newsrack existing on property annexed into the city
that was lawful at time of annexation but does conform to the requirements of
this section, shall be removed within two years. The two years shall commence
beginning on the date the comprehensive land use plan amendment affecting the
property is adopted.
(4) Amortization. The time periods provided in this subsection are for the
purpose of amortizing the costs of a newsrack and any property rights created by
virtue of lease of location and /or newsrack space.
(f) Penalties. Any violation of this section shall be subject to penalties imposed under
section and under provisions of code enforcement as contained in section
ARTICLE V1.
Nonconformities
Sec. 310. Intent of article.
(a) Lawful nonconformities established. Where there exist lots, structures, or uses of
land and structures within the zoning districts established by this chapter which were
lawful before August 18, 1994, but which would be prohibited, regulated, or restricted as
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of that date, these lots, structures, or uses of land and structures may continue for up to
seven years from August 18, 1994, or as otherwise provided by the comprehensive plan.
(b) Continuation of lawful nonconformities.
(1) Continuation permitted. Lawful nonconformities may continue beyond
seven years from August 18, 1994, as provided herein, or as otherwise provided
by the comprehensive plan.
(2) City council approval. Nonconformities may continue provided the city
council determines that the existing nonconforming lot, structure, or use is
compatible with surrounding properties.
(3) Nonconformities review process.
a. Development review process. The growth management director shall
establish a development review process for applications to continue the use of
lawful nonconformities. The development review process shall include an
advisory recommendation by the planning and zoning commission.
b. City council action. As part of development review, the city council may
require modifications to the property or adopt conditions to increase compliance
of the nonconforming lot, structure, or use with the comprehensive plan and land
development regulations. Modifications or conditions the city council may
impose include, but are not limited to, the following:
1. installation of additional landscaping;
2. installation of additional parking;
3. removal or modification of signs;
4. installation of additional screening and buffering;
S. change location of dumpsters, recycling containers, and related equipment;
6. alter hours of operation; and
7. alter outdoor or security lighting.
(c) Expansion of nonconformities. A nonconforming use of a structure, a
nonconforming use of land, or a nonconforming use of a structure and land shall not be
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expanded, extended, or enlarged after the effective date of this section by attachment on
a building or premises of additional signs or by the addition of other uses of a nature
which would be prohibited in the district involved.
Sec. 311. Nonconforming lots of record.
Lots of record. If a lot of record exists which was platted and recorded in the office of
the clerk of the circuit court of Palm Beach County prior to August 18, 1994, and does
not conform to minimum area or dimensional requirements for the zoning district in
which it is located, the lot may be used for any use permitted in district. A lot of record
must comply with other density and land development regulations of the zoning district.
Lots of record must be held in separate ownership and cannot help form or be part of a
continuous frontage with other lots held in the same ownership.
Sec. 312. Uses with minimum lot sizes.
Minimum lot sizes. Any use which requires a minimum land area or lot size shall not
be located on a lot of record unless the lot of record complies with the minimum land
area requirement.
Sec. 313. Nonconforming uses of land.
Legal nonconforming uses. If, on August 18, 1994, a legal use of land exists and such
use would no longer be permissible after that date, such use may be continued for a
period of seven years from August 18, 1994, or as otherwise may be provided by the
comprehensive plan. The use shall comply with all requirements of this chapter, and is
subject to the listed below.
(a) Expansion. A nonconforming use shall not be enlarged, increased, or expanded to
occupy a greater area of land than was occupied on August 18, 1994. Additional
structures that do not comply with the requirements of this chapter shall not be erected
in connection with such nonconforming use.
(b) Relocation of structures. A nonconforming use shall not be moved in whole or in a
part to another portion of the lot or parcel occupied by that use prior to August 18,
1994.
(c) Cessation of use. If any nonconforming use of land ceases for any reason for a period
of more than six consecutive months or for 18 months in three consecutive years, any
subsequent use of the land shall conform to the regulations of the district in which
located.
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Sec. 314. Nonconformities after August 18, 1994.
Additional nonconformities created. Any lots, structures or uses which were
made nonconforming by virtue of an amendment to the city's land development
regulations after August 18, 1994, shall comply with the requirements of this section.
(a) Continuation permitted. Lawful nonconformities may continue beyond seven years
from the effect date of the amendment to the land development regulations which
rendered the lot, structure, or use a legal nonconformity.
(b) Development review process. Nonconformities subject to this section may apply,
pursuant to section for continuation as a nonconforming lot, structure or use.
(c) Applicability. All portions of this article shall apply to nonconformities created after
August 18, 1994.
Sec. 31 S. Nonconforming structures and improvements.
Nonconforming structures and improvements. If a lawful structure or
improvement existed as of August 18, 1994, and the structure or improvement would
not be permitted due to changes or restrictions on area, lot coverage, building height,
required yards, type or amount of landscaping, or other characteristics of the structure or
its location on the lot, the structure or improvement may be continued indefinitely. In
order to continue indefinitely, the structure or improvement must remain consistent with
all applicable land development regulations, and is subject to the additional standards
listed below.
(1) Normal maintenance. Maintenance shall not exceed limits established in
section
(2) Expansion. A structure or improvement may not be expanded, enlarged, or
altered in a way which increases its nonconformity. A nonconforming structure
or improvement may be expanded if the expansion is consistent with all
requirements of this chapter, subject to approval by the BZA. The expansion
may be approved subject to the following standards:
a. the expansion will reduce the impact of the nonconformity;
b. the expansion will not create additional structures or uses prohibited in the
zoning district; and
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c. the value of the expansion does not exceed fifty percent of the value of the
structure or improvements.
(a) Destruction. If a nonconforming structure or improvement is destroyed by any means
to an extent of 50 percent or more of its assessed value as determined in the latest tax
Palm Beach County tax roll, the structure or improvement shall not be reconstructed
except in conformity with this chapter.
(b) Relocation. A nonconforming structure or improvement shall not be relocated or
moved in whole or in a part to any other portion of the lot or parcel occupied by that
structure after August 18, 1994.
(c) Cessation of use. If any nonconforming use of a structure ceases for any reason for a
period of more than six consecutive months or for 18 months in three consecutive years,
any subsequent use of the structure shall conform to the regulations of the district in
which located.
Sec. 316. Nonconforming uses of structures or premises.
Legal use. If a lawful use of a structure or of a structure and premises in combination
existed on August 18, 1994, that is not permissible in the zoning district under the terms
of this chapter, the lawful use may be continued for a period of seven years from August
18, 1994. The use may continue so long as it remains otherwise lawful and meets all
other land development regulations, including the standards listed below.
(a) Expansion. An existing structure devoted to a use not permitted by this chapter in the
zoning district in which it is located shall not be enlarged, extended, constructed,
reconstructed, moved, or structurally altered except in changing the use of the structure
to a use permitted in the district in which it is located. A nonconforming structure or
improvement may be expanded if the expansion is consistent with all requirements of this
chapter, subject to approval by the zoning board of appeals. The expansion may be
approved subject to the standards of section
(b) Normal maintenance. Maintenance shall not exceed limits established in section
(c) Supersession. Any structure or structure and land in combination in or on which a
nonconforming use is superseded by a permitted use shall thereafter conform to the
regulations for the district in which the structure is located, and the nonconforming use
may not thereafter be resumed.
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(d) Cessation of use. When a nonconforming use of a structure or structure and premises
in combination is discontinued or abandoned for six consecutive months or for 18
months in three consecutive years, the structure or structure and premises in
combination shall not thereafter be used except in conformance with the regulations of
the zoning district in which it is located.
(e) Removal or destruction. If nonconforming use status applies to a structure and
premises in combination, removal or destruction of the structure shall eliminate the
nonconforming status of the land.
Sec. 317. Repairs and maintenance.
Repairs and maintenance. Normal maintenance or repair of a nonconforming structures or
structures where nonconforming uses are located may be performed during any calendar year
provided that the value of improvements do not exceed twenty percent of the assessed value of
the structure. Repair or replacement of nonbearing walls, fixtures, electrical wiring, and plumbing
may occur, but are included within the value limits established herein.
Sec. 318. Effect of variance.
Effect of variance. The grant of a variance by the BZA shall eliminate a specific nonconformity
or nonconformities, unless the applicant or owner fails to comply with section
regarding time limits. The grant of a variance shall place the nonconformity into a conforming
status,
ARTICLE VII.
Violations and Enforcement
Sec. 319. Enforcement, violations and penalties.
(a) Enforcement. The provisions of this chapter shall be administered and enforced by the
growth management director.
(b) Violations. Any violations of any provision of this chapter shall be enforced by the code
enforcement board as established in chapter 2, article IV or section 1 -18 of this code.
Sec. 320. Remedies.
(a) Violations.
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(1) Failure to comply. It shall be unlawful for any person to violate this chapter or
to fail to comply with any of its requirements. Any person who violates this
chapter or who fails to comply with any of its requirements shall be subject to the
provisions of chapter 2, article IV or section of this chapter. The owner or
tenant of any building, structure, premises, or part thereof, and any architect,
builder, contractor, agent, or other person who commits, participates in, assists
in, or maintains such violations shall be subject to the provisions of chapter 2,
article IV. Each day a violation continues shall be considered a separate offense.
(2) Development orders. Failure to comply with conditions of approval,
stipulations, developer agreements, and other safeguards established in
connection with the approval of development orders, including variances,
conditional uses, PCDs, PUDs, MXDs, site plans, or other approvals granted by
the city is a violation of this chapter. Each day a violation continues shall be
considered a separate offense.
(3) Other remedies. Nothing contained in this subsection shall prevent the city
from taking such other lawful action as is necessary to prevent or remedy any
violation.
Sec. 321. Other administrative remedies.
(a) Cease and desist orders. The city council shall have the authority to issue cease and
desist orders in the form of written official notices given to the owner of the subject
building, property, or premises or to the owner's agent, lessee, tenant, contractor or to
any person using the land, building, or premises where such violation has been
committed or exists.
(b) Building permits and certificates of occupancy
(1) Issuance. A building permit or certificate of occupancy shall not be issued by
the city for any purpose except in compliance with this chapter and other
applicable ordinances and laws.
(2) Revocation. The city may revoke a building permit or certificate of occupancy in
the event of the following:
a. when a determination has been made that false statements or misrepresentations
existed as to material facts in the application or plans upon which the permit or
certificate was based; or
b. when the permit or certificate was issued in error.
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(3) Suspension.
a. The city may suspend a building permit or certificate of occupancy when
determination has been duly made that an error or omission on either the part of
the applicant or government agency existed in the issuance of the permit or
approval of the certificate of occupancy.
b. A valid permit or certificate shall be issued in place of the incorrect permit or
certificate after correction of the error or omission.
(4) Notice and appeal. All city decisions concerning the issuance, revocation, or
suspension of a building permit or a use, as well as decisions pertaining to
administrative interpretations of the zoning regulations shall be stated in official
written notice to the permit applicant or affected party. Any decision may be
appealed to the board of zoning appeals as provided in section . Appeals to
the board for matters that do not affect adjacent property owners or the general
public are not required to be advertised prior to being heard by the board of
zoning appeals.
(c) Exhaustion of remedies and court review. Any person aggrieved by any zoning
resolution, ordinance, order, requirement, decision, or determination of any
administrative officer or body must exhaust all remedies provided in this chapter prior to
any other form of appeal. Upon exhaustion of administrative remedies, any aggrieved
party may apply for judicial relief by filing of a petition for writ of certiorari in the Circuit
Court of the Fifteenth judicial Circuit. The petition for judicial relief must be filed within
the schedule listed below.
(1) Non - administrative decisions. judicial appeal from any non - administrative
decisions for which there is no administrative remedy shall be filed within 30 days
following the date of such decision.
(2) Administrative decisions. judicial appeal from any administrative decisions for
which there are administrative remedies shall be filed within 30 days following the
final decision which exhausts all administrative remedies.
Article Vill.
Definitions
Sec. 322. Definitions.
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The following words, terms and phrases, when used in these land development regulations, shall
have the meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Abandon means to discontinue a use for more than a specified period of time or to vacate a
right -of -way, easement, or other interest in real property.
Abused tree means a tree that has been damaged or weakened in any way that may shorten
the life of that tree or adversely affect its aesthetic quality.
Abutting property, See Contiguous.
Accessory use or structure means a use or structure on the same lot with and of a nature
customarily incidental and subordinate to the principal use or structure.
Acre, gross means land or water or combination thereof containing 43,560 square feet.
Acre, net means gross land area, less existing or proposed public and private points of access,
roads or streets, roadways, rights -of -way, and easements.
Addition means any walled and roofed expansion to the perimeter of an existing building in
which the addition is connected by a common load- bearing wall other than a firewall. Any walled
or roofed addition which is connected by a firewall or is separated by independent perimeter
load- bearing walls is new construction.
Administrative official means the growth management director, any staff member of the
department authorized by the growth management director, or any other official granted
authority to interpret or administer regulations.
Adult Entertainment. The following definitions are applicable to adult entertainment uses.
Adult cabaret means an establishment which sells, serves, or allows to be consumed
alcoholic beverages, and where employees, owners, or operators provide live
entertainment of any sort which involves the display or exposure of specified anatomical
areas or the performance of specified sexual activities.
Adult entertainment means any of the following, alone or in combination:
(1) any adult cabaret, adult entertainment establishment, adult establishment,
adult establishment, adult hotel or motel, or adult motion picture theater,
licensed adult entertainment establishment, pawn shops, sex shops, or
topless or nude establishments; or
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(2) any establishment where any employee, operator, or owner exposes his or
her specified anatomical area or areas for viewing specified anatomical areas
or specified sexual activities by patrons; or
(3) any establishment offering for sale sexually- oriented toys and novelties; or
(4) any establishment whose activities are advertised, marketed, or presented as
"XXX," "adult," "sex," or otherwise as a sexually- oriented business, including
tanning salons, body wash establishments, modeling studio, photography
studio, lingerie modeling and sales, private dancing, and wrestling.
Adult establishment or adult entertainment establishment means adult
cabaret, adult entertainment establishment, adult establishment, adult establishment, adult
hotel or motel, or adult motion picture theater, licensed adult entertainment
establishment, pawn shops, sex shops, or topless or nude establishments, sexually -
oriented business, or any business holding itself out in any form or forum as "XXX,"
"adult," or otherwise as a sexually oriented business.
Adult material means any one or more of the following items, regardless of whether
such item is new or used: books, magazines, periodicals or other printed matter;
photographs, films, motion pictures, video cassettes, slides, or other visual
representations; recordings or other audio matter, which have as their primary or
dominant theme subject matter depicting, exhibiting, illustrating, describing, or relating to
specified sexual activities or specified anatomical areas.
Adult media shop means establishment that rents or sells books, magazines,
videotapes, slides, movies or other media, and that meets any of the following three
tests:
(1) more than forty percent (40 %) of the gross floor area is devoted to adult
media, adult material, or sexually- oriented material; or
(2) more than forty percent of the stock in trade consists of adult media; or
(3) it advertises or holds itself out in any forum as "XXX," "adult," "sex" or
otherwise as a sexually- oriented business other than an adult media outlet,
adult motion picture theater or adult cabaret.
For the purpose of this definition, an establishment which sells, offers for sale, or rents
adult material shall not be considered an adult media shop if the owner or operator
demonstrates one of the following:
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(1) the adult material is accessible only by employees and the gross income from
the sale or rental of adult material comprises less than forty percent (40 %) of
the gross income from the sale or rental of goods or services at the
establishment; or
(2) the individual items of adult material offered for sale or rental comprise less
than ten percent (10 %) of the individual items, as stock in trade, publicly
displayed in the establishment; or
(3) the individual items of adult material offered for sale or rental comprise less
than forty percent (40 %) of the individual items, as stock in trade, within the
establishment, and further provided the adult material is not accessible to
minors below the age of eighteen (18).
Adult motel or hotel means an establishment which offers accommodations on an
hourly basis or overnight basis to the general public; offers patrons television, video, or
other visual presentation of films, motion pictures, videos, slides, or other visual
reproductions which are of an adult nature or are characterized by the depiction or
description of specified anatomical areas or specified sexual activities; and holds itself out
through the use of signs, print advertisements, radio or television advertisement, or other
means, the availability of such adult material.
Adult motion picture booth means a booth or area designed for or used for the
viewing by one or two persons of motion pictures or other visual materials which have as
their dominant or primary theme matters depicting, describing, or relating to specified
sexual activities, as defined herein.
Adult motion picture theater means a place where motion pictures are shown or a
section, department, or part of any business set aside for the showing of motion pictures,
which has as its principal purpose the offering for viewing to adults of motion pictures
which have as their dominant or primary theme matters depicting, describing, or relating
to specified sexual activities or specified anatomical areas, as defined herein.
Employee means any person who works, performs, or exposes his or her specified
anatomical areas in an establishment, irrespective of whether such person is a paid a
salary or wages by the owner of manager of the business, establishment, or premises.
Explicit sexual material means any pictorial or three dimensional material depicting
human masturbation, deviate sexual intercourse, sexual intercourse, direct physical
stimulation of unclothed genitals, sadomasochistic abuse, or emphasizing the depiction of
post - pubertal human genitals; provided, however, that works of art or anthropological
significance shall not be deemed to be within the foregoing definition.
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Licensed adult entertainment establishment means an establishment that
possesses an adult entertainment occupational license and presumed to be an adult
entertainment use by virtue of such license.
Operator means any person operating, conducting or maintaining an adult business.
Sex shop means a an establishment offering goods for sale or rent and that meets any of
the following tests:
(1) it offers for sale items from any two (2) of the following categories: adult
media; lingerie; leather goods marketed or presented in a context to suggest
their use for sadomasochistic practices, and the combination of such items
constitute more than ten percent (10 %) of its stock in trade or occupies
more than 10 percent (10 %) of its floor area; or
(2) more than five percent (5 %) of its stock in trade consists of sexually- oriented
toys or novelties; or
(3) more than five percent (5 %) of its floor area is devoted to the display of
sexually- oriented toys or novelties.
Sexually- oriented media means magazines, books, videotapes, movies, slides, cd-
roms or other devices used to record computer images, or other media which are
distinguished or characterized by their emphasis on matter depicting, describing or
relating to "specified sexual activities" or "specified anatomical areas" (separately defined).
Specified anatomical areas means one or more of the following:
(1) less than completely and opaquely covered:
(2) human genitals, pubic region;
(3) buttocks;
(4) female breast below a point immediately above the top of the areola; or
(5) human male genitals in a discernibly turgid state, even if completely and
opaquely covered.
Specified sexual activities means as follows:
(1) fondling or other erotic touching of human genitals, public region,
buttocks, anus, or female breast;
(2) acts of human analingus, bestiality, buggery, cunnilingus, coprophagy,
fellation, flagellation, masochism, masturbation, pederasty, pedophilia,
sadism, sadomasochism, sexual intercourse, or sodomy, whether
actual or simulated;
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(3) human genitals in a state of sexual stimulation, arousal, or
tumescence; or
(4) excretory functions as part of or in connection with any of the
activities set forth above.
Topless or nude establishment means an establishment which sells, serves, or
allows to be consumed alcoholic beverages, and where the employees, owners, or
operators display or expose specified anatomical areas to others regardless of whether
the employees, owners, or operators actually engage in dancing.
Agriculture means the production, keeping or maintenance, for sale, lease or personal use, of
plants and /or animals useful to humans, including but not limited to the growing of crops,
dairying, grazing, the raising and maintenance of poultry and other livestock, horticulture, nursery,
forestry, and sod farms.
Airport, general aviation means any publicly or privately owned or operated ground facility
designed to accommodate general aviation aircraft and related facilities, including landing and
takeoff of airplanes and helicopters.
Alley means a public right -of -way which affords only a secondary means of access to abutting
property, and is not intended for primary vehicular circulation and access.
Alter means any activity, whether intentionally or unintentionally, which modifies, transforms, or
otherwise changes land, vegetation, or environmentally significant land, including but not limited
to construction, vehicle use, agriculture, grazing or timber harvesting.
Alteration, building means any change, addition or modification in construction or any change
in the structural members of a building, such as walls or partitions, columns, beams or girders,
and which may result in an increase of building size, building height, or number of dwelling units.
Amusement game or game of skill means a coin - operated or token - operated machine or
device which, whether mechanical, electrical, or electronic, shall be ready for play by the
insertion of a coin or token or for hire by any other means, and may be operated by the public
for use as a game, entertainment, amusement, or for display of relative competence or skill, or
indicates in any way competitive advantage of one player or team over another, whether the
players or teams are playing concurrently or not. Music machines, vending machines, and
equipment for bowling shall not be included.
Animal boarding kennel means any building or land used, designed, or arranged to facilitate
the commercial raising, breeding, boarding, and grooming of domesticated animals such as dogs
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and cats, and excluding farm animals such as pigs, chickens, cattle, birds, emus, exotic snakes, or
any other species of animal.
Antenna means an arrangement of wires or metal rods used in transmitting or receiving
electromagnetic waves.
Apartment means a multifamily dwelling unit containing a room or suite of rooms together
with kitchen or kitchenette and sanitary facilities.
Apartment, efficiency means a dwelling unit consisting of two rooms, one of which contains
sanitary facilities.
Apartment, garage means an accessory building, not a part of or attached to the main
building, where a portion thereof contains living facilities for not more than one family.
Apartment house means any building or portion thereof which is designed, built, rented,
leased, let, or hired out to be occupied or which is occupied as the home or residence of more
than two families living independently of each other and doing their own cooking in the buildings.
Applicant means the owner of land or his designated agent submitting an application pursuant
to these regulations.
Architect means an architect licensed and registered in the state.
Arterial street. See Street, arterial.
Artist -body painting studio means an establishment or business which provides the services
of applying paint or other substance, whether transparent or opaque, to or on the human body
when that body is wholly or partially nude.
Assisted living facility (ALF) means any facility which offers residence, services, meals, and
skilled care to an elderly population, and may included one or more of the following facility types:
independent living, assisted living, and skilled nursing care. An ALF providing one or more of
such services may also be known as a continuing care facility.
ALF, Independent living means a private dwelling unit that may associated with an
ALF that usually includes a kitchen and bathroom, which may provide a variety of services
to the resident.
ALF, Assisted living means a private, semi - private, or group dwelling unit, that may be
associated with an ALF that usually provides a wide variety of services, including assistance
with activities of daily living, congregate dining facilities, and common recreational areas.
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ALF, Skilled nursing facility means a group dwelling facility offering 24 hour medical
care, group dining, shared living and bathing spaces, and assistance with activities of daily
living, and may be associated with an ALF.
Auto repair, general means an establishment engaged in the repair and maintenance of
automobiles, trucks, and motorcycles, but excluding heavy equipment or machinery. Typical
uses include motor vehicle repair shops and garages, automobile tune -up shops, muffler and
brake shops, oil change shops, and installation and repair of audio and sound systems.
Auto service station means any building, structure or land used for retail sales of automobile
fuels, oils or accessories, and which may also include automobile maintenance, servicing, and
towing and overnight parking of disabled vehicles for immediate repair (i.e., within 24 hours).
Auto tire and sales installation means an established engaged principally in the sale and
installation of tires for automobiles, trucks, sport utility vehicles, and similar vehicles.
Automobile dealership means an establishment engaged in the on- premise lease, rental,
wholesale sale, retail sale of new or used motor vehicles or equipment, excluding industrial,
agricultural, and recreational vehicles used for transportation or hauling, with or without incidental
service, automobile repair, and body repair and paint shops.
Automobile detailing means an activity which involves washing, waxing, or cleaning the
interior of an automobile or motor vehicle.
Automobile, RV, and boat storage, commercial means a facility which provides for the
commercial storage of automobiles, boats, RVs, and similar vehicles, excluding service,
maintenance, and repair.
Auto /truck body or paint shop means a building or other structure used for painting,
repainting, or retouching, or major repairs and adjustments of motor vehicles.
Auto /truck fleet maintenance shops and garages means an establishment engaged in the
repair, maintenance, service, storage, and general upkeep of fleet vehicles.
Average annual daily traffic means the average of two consecutive 24 -hour weekday traffic
counts being taken in the peak season and the other in the off -peak season.
Average peak -hour volume means the average of peak season and off -peak season peak -
hour traffic volumes.
Background traffic means the projected traffic generation from previously approved but
incomplete projects as well as historic growth rates.
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Bank means a financial institution that is open to the general public and engaged in deposit
banking, and that performs closely related functions such as making loans, investments, and
fiduciary activities.
Banner means any permanent or temporary sign made of fabric or other similar materials, and
containing distinctive colors, symbols, patterns, or commercial or noncommercial
announcements.
Barrier means a fence, wall, berm, or other manmade structure built to provide screening or
buffering for adjacent properties or to bar passage.
Bedroom means a room used for sleeping purposes with some degree of privacy, excluding
communal areas.
Beverage production means the production or manufacturing of nonalcoholic beverages,
including soda, juices, and mineral water.
Bicycle parking space, class I means a completely enclosed parking space or controlled
access area designated to prevent unauthorized entry or removal of bicycles.
Bicycle parking space, class II means a parking space which includes a device which locks
both wheels and the frame. The user may have to provide the lock.
Bicycle parking space, class III means a parking space which includes a rack or other fixed
object to which a bicycle may be secured with the user's own lock.
Block means a tract of land or group of lots bounded by streets, or by a combination of streets
and parks, railroad rights -of -way, shorelines of waterways or other physical barriers or boundary
lines of municipalities.
Board means the board of zoning appeals.
Boardinghouse means a single - family house, wherein furnished rooms without cooking
facilities are rented for a valuable consideration to one or more individuals unrelated by blood or
marriage to the owner or operator of the house, and where tenants are also served with meals
prepared in one kitchen by the owner or operator of the house.
Boat building means the manufacture, construction, or fabrication of all or part of a marine
vessel.
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Boat and marine sales means an establishment engaged in the sales, rental, repair,
maintenance, and service of watercraft, including power boats, sail boats, and personal
watercraft, and the retail sale of items associated with boating and marine activities.
Boat Repair means a commercial facility providing repair services for marine craft, in addition to
such dry storage as may be normally accessory to the principal use.
Book shop means an establishment that sells books, magazines, newspapers, videos, tapes, cd-
roms, and similar materials, and may include the sale of sexually oriented material, but is not
regulated or considered an adult media shop as the book shop does not comply with the
standards applicable to the definition for that use.
Building permit means the authorization by the building official to commence construction
including utilities, infrastructure and work designed to alter land or vegetation.
Building, principal means the major or principal building or structure on a site, to which all
other buildings are accessory.
Building site means a portion or parcel of land considered as a unit, devoted to a certain use or
occupied by a building or group of buildings that are united by a common interest or use such
that the customary accessories and open spaces belong to the site.
Buildout period means the anticipated time between the issuance of the development order
and completion of a proposed project.
Business, trade, and vocational school means a public or private institution which offers
regularly scheduled classes and instruction of business, commercial, technical, and vocational
subjects, including automotive and aircraft mechanical and technological skills, building and
construction trades, business skills, computer technology, electronics, medical and dental
technologies, personal services, and related crafts, professions, and skills.
Caliper or diameter breast height (DBH) means the diameter of a tree trunk measured at 4 %z
feet above the ground.
Camping cabin means structure utilized for transient lodging purposes located within a
recreational vehicle park.
Carport means a shelter for one or more vehicles which is not fully enclosed by walls and one
or more doors.
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Carwash (automatic or self - service) means a building or area which provides facilities for
washing and cleaning motor vehicles, which may use production line methods with a conveyor,
blower, or other mechanical device.
Catering service means an establishment which prepares food and beverages for consumption
at another location, and may include provision of personnel, equipment, and decorative services.
Cemetery means property used for interring the dead, and may include a chapel, mausoleum,
or columbarium.
Certificate of concurrency reservation means a certificate approved by the growth
management director which signifies proof of reservation of adequate public facilities to serve a
proposed development or expansion of an existing development.
Certificate of occupancy means permission granted by the building official to occupy a
building according to its permitted use.
Centerline of street means the center of the surfaced roadway or the surveyed centerline of
the street as defined by the city engineer.
Central wastewater system means a wastewater system owned, operated, and maintained
by the Seacoast Utilities Authority or other public or private entity.
Central water supply system means a water supply system owned, operated, and
maintained by the Seacoast Utilities Authority or other public or private entity.
Certification, DRC means an application for development approval is deemed by city staff to
be consistent with all planning and zoning requirements, and can be scheduled for workshop and
public hearing meetings.
Church or place of worship means any structure used primarily as a place of public or private
worship on a permanent basis by a recognized and established religious sect or denomination
and registered as a not - for - profit organization pursuant to section 501(c)(3) of the United States
Internal Revenue Code, as amended.
City means the City of Palm Beach Gardens, Florida.
City attorney means an attorney appointed by the city council to furnish legal assistance to
itself, city boards and commissions, and city staff.
City council means the governing body of the City of Palm Beach Gardens, Florida.
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City engineer means an engineer appointed by the city council to furnish professional
engineering assistance to itself, city boards and commissions, and city staff.
Clinic, medical or dental means an establishment which provides health services or medical
or surgical care for outpatients only, and where overnight facilities are not provided.
Clinic, veterinary means an establishment which provides medical and surgical care for
animals, and may provide overnight facilities.
Club or lodge means buildings or facilities owned or operated by a corporation, association or
person for a social, educational, or recreational purpose, but not primarily for profit or to render
a service which is customarily carried on as a business.
Code means the "Code of Ordinance of the City of Palm Beach Gardens," as amended, and
includes land development regulations.
Cold storage facility means an establishment which provides refrigerated or frozen storage
facilities for perishable goods and foodstuffs.
Collector street. See Street, collector.
College or university means an institution of higher learning offering undergraduate or
graduate degrees, and including all academic, support, residence, maintenance, administrative,
laboratory, scientific, athletic, and similar buildings or facilities.
Columbarium means a structure or building, which acts as a strictly accessory use to a church
or house of worship or cemetery, substantially exposed above the ground, and which is used for
the inurnment of cremated human remains.
Commercial vehicle means any motor vehicle which is used for commercial purposes or has
an outward appearance of being used in connection with a business, including but not limited to
openly visible work equipment and the display of commercial business name, logo, address,
telephone number, and business license number.
Committed roadway improvements means road construction improvements scheduled to
be made by one or more of the following means:
the funds for construction of new facilities are included in the first three years of the
adopted county five -year road program;
the funds for construction of new facilities are included in the first three years of the
adopted five -year state department of transportation improvement program;
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an intersection or link improvement for which a contract for construction, which is
secured by performance security, has been executed and which, by its terms, requires
that construction be completed within a specified period of time not to exceed six years;
an intersection or link improvement which will be constructed pursuant to a road
agreement and which, by its terms, requires that construction be completed within a
specified period of time, not to exceed six years;
an intersection or link which is required to be constructed pursuant to a condition of a
development approval and which has been secured by performance security;
specific inclusion in the capital improvements plan of the city, where such improvements
are to be completed within six years; or
for purposes of an application for development approval, an intersection or link that the
applicant agrees to construct and guarantee through a condition of approval or road
agreement, such construction to be secured by performance security.
Common ownership means ownership by the same person, corporation, firm, entity,
partnership, or limited liability corporation, unincorporated association or ownership by different
corporations, firms, partnerships, entities, or unincorporated associations, in which a stockbroker,
partner, or associate, or a member of family owns an interest in each corporation, firm,
partnership, entity, or unincorporated association.
Communication tower means a guyed, monopole or self - support tower, constructed as a
freestanding structure or in association with a building, other permanent structure, or equipment,
containing one or more antennas intended for transmitting or receiving television, AM /FM radio,
digital, microwave, cellular, telephone, radio, or similar forms of electronic communication.
Community residential home, type I means a dwelling unit licensed to serve clients of the
Department of Children and Family Services, or successor agency, in a living environment of not
more than six unrelated residents who operate as the functional equivalent of a family, including
such supervision and care by supportive staff as may be necessary to meet the physical,
emotional, and social needs of the residents.
Community residential home, type II means a dwelling unit licensed to serve clients of the
Department of Children and Family Services, or successor agency, in a living environment of not
more less that seven but not more than 14 unrelated residents who operate as the functional
equivalent of a family, including such supervision and care by supportive staff as may be necessary
to meet the physical, emotional, and social needs of the residents.
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Compatibility or compatible means land uses that are congruous, similar, and in harmony
with one another inasmuch as they do not create or foster undesirable health, safety, or aesthetic
effects arising from direct association of dissimilar, contradictory, incongruous, or discordant
activities, including but not limited to the impacts of intensity of use, traffic, hours of operation,
aesthetics, noise, vibration, smoke, hazardous odors, radiation, function, and other land use
conditions.
Completely enclosed structure means a building enclosed by a permanent roof and by solid
exterior walls pierced only by windows and customary entrance and exit doors.
Comprehensive plan means a plan which has been determined to be in compliance with the
Local Government Comprehensive Planning and Regulation Act.
Concurrency means a condition where roadway, wastewater, solid waste, drainage, potable
water, and parks and recreation facilities have or will have the necessary capacity to meet the
adopted level of service standards at the time the impact of a new or expanded development
project occurs.
Condition of approval means any condition, stipulation, limitation, or other restriction that is
imposed as part of a development order approved by the city council, planning and zoning
commission, board of zoning appeals, city staff, or any other city board or agency authorized to
approve a final development order.
Conditional use means a use which would not be appropriate generally or without restriction
throughout the zoning district but which, if controlled as to number, area, location, or relation to
the neighborhood, would not be detrimental to the public health, safety, welfare, morals, order,
comfort, convenience, or appearance, and which may contain conditions of approval required by
the city council.
Consignment shop means a retail establishment where the operator receives goods and
merchandise for display and sale from another individual, and will pay that individual only when
the goods or merchandise is sold.
Construction sign means a sign on any building site. This includes signs advertising the builder,
contractor, developer, architect, engineer, planner, landscape architect, subcontractors, or other
persons or artisans associated with construction.
Contiguous means lands that abut each other or lands deemed abutting if separated by streets,
ways, easements, private road tracts, power lines, or rights -of -way under ownership of the
applicant, a governmental agency or subdivision, or a public or private utility.
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Contractor's storage yard means a facility or area for the storage of materials, equipment,
and commercial vehicles utilized by building and construction contractors and tradesmen.
Convalescent facility. See Nursing and convalescent facility.
Convenience store means an establishment primarily engaged in the retail sale of convenience
items, pre - packaged foods, beverages, tobacco, and other foodstuffs needed on a regular basis,
and may include the retail sale of gasoline and diesel products.
County means Palm Beach County, Florida.
County engineer means the Palm Beach County engineer or designee.
Court, inner means any open space which is completely surrounded by a building.
Court, outer means an open space between one or more buildings on the same lot.
Cul -de -sac means a local street with only one outlet and having a circular vehicular turnaround
at the closed end for the safe and convenient reversal of traffic movement.
Day care, child or adult means any for - profit or not - for - profit facility licensed by the Palm
Beach County Health Department and which provides care for a period of less than 24 hours a
day to six or more adults or children under 12 years of age, not related to the operator of the
center by blood, marriage, adoption, or foster care responsibility.
Day care, family means a for - profit or not - for - profit activity licensed by the Palm Beach
County Health Department and conducted within a residential dwelling unit with an enrollment
of not more than five children.
Dedication means a conveyance of land to the public for a specified public purpose made by
written instrument and accepted by a governmental agency.
Density means a measure of the intensity of land use and development per unit area of land,
usually expressed as the number of dwelling units per gross acre.
Department means the growth management department of the city.
Department store means an establishment which sells a wide range of goods and services to
the public, including but not necessarily limited to apparel, household and major appliances,
linens, china and other household items, consumer electronics items, furniture, jewelry, shoes,
sporting goods, specialty food items, travel services, optometrist services and eyeglasses,
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entertainment event ticketing, and other similar goods and services, and where the following
conditions generally are present:
sales are conducted within a single building or accessory structure to a single building;
floor areas are divided into departments according to category of merchandise being
sold;
salespersons are employed to enter sales into cash registers and to assist the public within
each department; and
the cash registers or actual points of sale are distributed throughout the store, usually with
one or more points of sale within each individual merchandise department.
Developer means a person, partnership, corporation or other legal entity or a duly authorized
agent who undertakes the development of land pursuant to these regulations.
Developer agreement means an agreement entered into by a developer, the city, or other
relevant parties, pursuant to Chapter 163, Florida Statutes or Chapter 380, Florida Statutes.
Development means the carrying out of
any building activity, the making of any Changes portion of definition of
material change in the use or appearance development from 3 to 2 parcels.
of any structure or land, or the dividing of
land into two or more parcels.
Development order application means a form provided by the growth management
department that is to be completed and submitted to the growth management department in
order for a project to be reviewed and considered by the city pursuant to development review
procedures as provided in these land development regulations.
Development of regional impact (DRI) means a development as defined in Chapter 380,
Florida Statutes.
Development order means any order granting, denying, or granting with conditions an
application for a development permit as defined in Chapter 163.3 164, Florida Statutes.
Development permit includes any building permit, rezoning approval, conditional use
approval, planned unit development approval, planned community development approval, site
plan approval, development order amendment, special permit, administrative approval, variance,
temporary permit, or any other official action of the city having the effect of permitting the
development of land.
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Diameter at breast height (DBH). See Caliper.
Directly accessed means the link that serves as the project's immediate and direct access or
means of ingress and egress. Each access point of a project shall be considered to have access to
at least one link, provided that the access points of a project may be considered to share a
common link. If a given access point is not immediately connected to a link, the first link
connected shall be the link for the purpose of this definition. If a project access point is connected
to more than one link, project trips shall be assigned to the links in accordance with accepted
traffic engineering principles.
Directly accessible means having an entrance from any retail space, industrial bay, office space,
or similar space directly to the exterior of a building. Spaces located off of common lobbies,
interior ground floor hallways, or on floors above the ground floor shall not be considered
directly accessible to the exterior of a building.
Discount department store means an establishment which sells a wide range of goods and
services to the public at prices which are typically below retail, including but not necessarily
limited to apparel, household and major appliances, linens, china and other household items,
consumer electronics items, furniture, jewelry, shoes, packaged food and beverage items, small
tools, paint and hardware items, sporting goods, travel services, optometrist services and
eyeglasses, and other similar goods and services, and where at least four of the following six
conditions are present:
sales are conducted within a single building or accessory structure to a single building;
floor areas are divided into departments according to category of merchandise being
sold;
shopping carts are provided for customer use in carrying merchandise in the store;
merchandise is arranged predominantly in aisles to aid customers' use of shopping carts;
customer shopping is self - service (i.e., salespersons are not employed or are limited to
only a few departments such as consumer electronics or jewelry); and
the actual point of sale is via cash registers located at a centralized facility typically located
near the exit doors at the front of the store, where the customer brings merchandise for
the sales transaction.
Disturbed land means land that no longer supports the assemblage of dominant plant and
animal species characteristic of native Florida ecosystems and if nurtured by man can never return
to a habitat.
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Dock, private means an accessory structure built on or over the water which is designed or
used to provide anchorage for an access to one or more boats for private use and owned by the
property to which the dock is accessory. A private dock may be provided with electrical, water,
sewer, and related utilities.
Drip line means a vertical line extending from the outermost branches of a tree to the ground.
Drive -in facility means any use which by design, physical facilities, service, or procedure
encourages or permits customers to receive services or obtain goods while remaining in their
vehicles. This term includes drive - through and drive -up facilities.
Drugstore or Pharmacy, General means a retail store which sells or dispenses drugs,
pharmaceuticals, medical supplies, items for personal hygiene, and a wide variety of convenience
or consumer goods such as beverages, pre - packaged foods, books and magazines, beauty
products, tobacco products, and alcoholic beverages.
Drugstore or Pharmacy, Limited means a pharmacy which is limited to the sale of drugs,
pharmaceuticals, and medical supplies.
Dry cleaning means a professional dry cleaning or laundry establishment serving individual or
commercial customers.
Dumpster means a refuse, debris, trash recycling, or garbage container which is constructed so
that such can be mechanically lifted from its stationary location and placed on a trash or refuse
collection vehicle or emptied into an appropriate container.
Dwelling, mobile home means a detached, transportable, single - family dwelling unit,
manufactured upon a chassis or undercarriage as an integral part thereof, without independent
motor power, designed for long -term occupancy as a complete dwelling unit and containing all
conveniences and facilities, including a kitchen, with plumbing and electrical connections provided
for attachment to approved utility systems.
Dwelling, multiple family means a building containing three or more dwelling units, and each
unit is designed for or occupied exclusively by one family.
Dwelling, single family means a building containing only one dwelling unit designed for or
occupied exclusively by one family.
Dwelling, two family means an building containing two dwelling units, each unit is designed for
or occupied exclusively by one family.
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Dwelling unit means a room or rooms connected together, constituting a separate,
independent housekeeping establishment for a family, for owner occupancy or rental or lease on
a weekly, monthly or longer basis, and physically separated from any other rooms or dwelling
units which may be in the same structure, and containing sleeping facilities and one kitchen.
Easement means authorization by a property owner for another individual, firm, corporation,
or similar entity to use property for a specified purpose. An easement includes any identified and
described strip of land created for public or private utilities, drainage, surface water management,
access, or other specified use having limitations, the title to which shall remain in the name of the
property owner, subject to the right of use designated in the plat, deed, conveyance, or other
means recognized by the city attorney.
Ecosystem, native Florida means an assemblage of living organisms, including plants, animals,
and microorganisms and nonliving components soil, water, air, and the like, that function as a
dynamic whole through organized energy flows which are characteristic of the original
communities found to exist in the state, the county, and specifically in area located within the city.
Electronic repair means an establishment engaged in the maintenance, service, and repair of
electronic equipment, including televisions, sound systems, and computers.
Emergency health care means a facility, other than a hospital or medical clinic, which
provides non - surgical emergency or ambulatory medical care on the basis of extended business
hours during the day
Employment office means an establishment providing employee recruitment services on a full
time, part time, or temporary basis for professional, management, executive, administrative, and
technical positions, but excluding day labor and labor pool offices for manual labor.
Endangered species, threatened species, and species of special concern mean plant
or wildlife species listed as endangered, threatened, or as species of special concern by any one
of the following agencies: U.S. Fish and Wildlife Service; Florida Department of Environmental
Protection, Florida Fish and Wildlife Conversation Commission, or the Florida Department of
Agriculture and Consumer Services.
Engineer means an engineer licensed in the State of Florida.
Entry feature means a structure located at the ingress point to a development which contains
certain decorative features such as landscaping, planters, rock formations, water features, or
other details to provide for aesthetic improvements to a development entrance.
Environmental assessment means an assessment prepared in a professionally acceptable
manner which shall include an identification and analysis of vegetation associations; topography;
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soils; elevations and flooding levels; drainage patterns; threatened, endangered, or rare species;
an aerial photography map; and a description of the likely impacts of the proposed development
on the resources features assessed.
Environmentally significant lands means geographic areas, two acres or more, which are
certified or designated to contain native habitat or endangered, threatened, or species of special
concern. A list of likely species within the city is contained within the city's comprehensive plan
and is incorporated by reference. Specific habitats included within this definition are listed below:
Cypress or mixed hardwood swamp. Seasonally - flooded freshwater wetland
dominated by cypress or nonconifers or a mixture of both. Typical hardwoods are red
bay, red maple, willow, wax myrtle and dahoon holly.
Florida scrub. Xeric or low moisture ecosystem on former coastal dunes dominated
in areas by sand pine or one or more species of oak.
Freshwater marsh. Wetland composed predominantly of herbaceous aquatic plants
and shrubs. Can include a basin with peat substrate, sawgrass, cattail, or mixed
emergents.
Low hammock. Upland nonconifer forest often found as a border between wet and
dry ecosystems typically with a canopy of oak species and cabbage palm.
Mangrove swamp. Tidal or saltwater wetland occupied primarily by one of three
species of mangrove.
Slough. Broad, shallow freshwater channel typically in association with wetlands with
peat over mineral substrate supporting occasionally high concentrations of pond apple or
water lily.
Tropical hammock. Upland nonconifer forest where the canopy is composed largely
of a variety of tree species of tropical origin.
Erected means built, constructed, altered, reconstructed, moved upon, or any physical
operations on the premises which are required for construction. Excavation, fill, drainage, and
the like shall be considered a part of erection.
Escrow means a surety posted with the city or city- approved escrow agent to secure the
promise to perform required improvements or to otherwise guarantee or ensure completion of
required acts or improvements.
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Excavation and fill operations means those physical activities, other than prospecting,
surveying, and site preparation, which are utilized for the removal of soil on a parcel or tract of
real property for the purposes of creating lakes, drainage ditches, canals, or similar waterways on
such parcel or tract, and the transporting and relocation of such soil for the purpose of fill on the
same parcel or same tract of real property, including the storage of excavated soil, the storage
and disposal of associated wastes, and the creation or maintenance of any dam or pit associated
with such excavation. This is a single, short term operation as part of the construction of an
approved land development project and does not include a long term, ongoing excavation or
extraction of soil or minerals for any purpose.
Existing peak -hour traffic means directional traffic counted during the peak hours.
Existing traffic means average annual daily traffic counted.
Express or parcel delivery office means an office providing express parcel or delivery
services to individual or commercial customers.
Express or parcel delivery distribution center means a facility which accepts from
customers, sends, and receives parcels, packages, or mail, and distributes and picks up parcels,
packages, and mail to and from individuals and commercial accounts.
Extermination service means an establishment engaged in elimination or extermination of
insects, rodents, and similar pests or nuisances.
Face elevation means the portion of the exterior elevation of a tenant or occupant space
which contains the principal entry door and is measured from the grade to the second floor line
or top of parapet on one -story structures.
Family means one person or a group of
two or more persons living together and Changed from 3 to 4 unrelated persons.
interrelated by blood, marriage, foster
care, or legal adoption, occupying the
whole or part of a dwelling as a separate housekeeping unit., including non - paying guests and
domestic servants. The term shall also include a group of not more than four persons not related
by blood or marriage, living together as a single housekeeping unit in a dwelling.
Fence means a manmade barrier intended to establish a boundary or to enclose a specific area
of land. The fence or barrier shall be made of materials designed to afford privacy, security, or
channeling.
Fill means material soil, dirt, or other natural material used to increase the elevation of a building
site.
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Financial institution. See Bank.
Firewall means a fire- resistive wall, having protected openings, which restricts the spread of fire
and extends continuously from the foundation to or through the roof.
Flag means a piece of freely waving fabric with a colors, symbols, or patterns.
Floodplain or flood prone area means a land area within the city subject to flood hazards as
designated by the Federal Emergency Management Agency (FEMA) or by other applicable federal
statute or agency.
Floor area, gross means the sum of the gross areas of all floors of a building, measured from
the exterior faces of exterior walls or from the centerlines of walls separating two buildings.
Gross floor area includes floor space in the following areas: penthouses, attic or loft space
providing structural headroom of eight feet or more, floor space of interior balconies or
mezzanines, atriums, lobbies; and other floor space used for dwelling or occupancy purposes, no
matter where located within a building, including accessory buildings.
Floor line means the separation between two floors of a multistory building, where the story
indicated is entirely above the floor line. For example, the fourth floor line is the separation
between the third and fourth floor, the first floor line being grade level.
Floral or florist shop means an establishment which sells flowers, plants, floral arrangements,
artificial flowers, and similar items on a retail basis.
Footcandle means a unit of illumination that is equal to one lumen evenly distributed over a
one square foot area.
Foundation area means an outside area within 15 feet of any structure.
Freight depot means an establishment where goods are received, stored, and transshipped to
another location.
Frontage right -of -way facade means the portion of an exterior elevation of a building
extending from grade to the top of the parapet wall or eaves and the entire width of the building
wall elevation which fronts on a right -of -way. Only one street facade may be designated as
frontage street facade, unless the building shall be located on the corner of two rights -of -way.
Frontage, street means that portion of a parcel or lot abutting a public or private right -of -way.
Fruit and vegetable market means an establishment engaged in the retail sale of fresh fruits,
vegetables, and related agricultural products.
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Funeral home means an establishment engaged in preparing deceased human beings for burial,
and managing and arranging funerals.
Garage, private means an enclosed accessory building or an enclosed portion of a main
building used for the parking or storage of automobiles owned by the occupants of the main
building, but excluding a carport.
Garage, public parking means a building or other structure which provides parking or storage
for motor vehicles, excluding storage of inoperative motor vehicles. A public parking garage may
provide required off - street parking space for uses located on the same lot or on a lot contiguous
to the use the parking garage is intended to serve.
Golf course means a public or private area designed for executive or regulation play of golf,
including accessory features and structures such as a clubhouse, maintenance building, driving
range, restaurant, and lounge.
Government uses means land or improvements utilized for public purposes, including but not
limited to a city hall, police station, fire station, branch courthouse, public office building, library,
maintenance building, etc.
Grade means a ground elevation established for the purpose of regulating the height of a
building. The building grade shall be the level of the ground adjacent to the walls of the building if
the finished grade is level. If the ground is not entirely level, the grade shall be determined by
averaging the elevation of the ground at each face of the building or as otherwise determined by
the building official.
Grass means ground cover of the Gramineae family commonly grown yearround in south
Florida for lawn cover.
Greenbelt or greenway means the landscaped or open space area between an artery and
fronting development that provides a buffer, as well as aesthetic quality. The greenbelt includes
right -of -way landscaping in the medians, swales and shoulders, as well as perimeter landscaping,
planted setbacks, and other open spaces. Public amenities within the greenbelt are encouraged,
including pedestrian and bicycle paths and facilities, transit stops, street furniture, lighting, and
related amenities.
Grocery store, retail means a full service retail establishment that sells a wide variety of fresh
fruits, vegetables, produce, meats, poultry, dairy products, baked goods, canned goods,
commonly needed household goods and products, delicatessen items, and similar products used
on a daily basis. A grocery store may also carry a variety of convenience foods, ancillary to its
stock of basic food products.
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Gross land area means the total area, including all public and private areas, within the legal
boundaries of a particular parcel of land or project.
Ground cover means plant materials characterized by low, dense growth other than grass.
Grub means the removal or destruction of any type of vegetation from the land by means of,
but not limited to digging, root - raking, chopping, or bush -hog shearing, excluding normal
maintenance grass mowing.
Guesthouse or cottage means living quarters within a detached accessory building, excluding
kitchen facilities, located on the same premises as the principal dwelling to be used exclusively for
housing members of the family occupying the principal dwelling, or their nonpaying guests.
Habitat means the environment which supports and is codependent with native plant or animal
communities.
Hardscape means nonliving items or material used outdoors in conjunction with landscaping,
including benches and street furniture, rock, gravel, mulch, bark, walls, fencing, planters, etc.
Hardware, paint, glass, wallpaper and floor covering store means an establishment
selling a variety of home improvement and construction products, including tools, fasteners,
plumbing supplies, electrical supplies, garden supplies, paint, glass, wall paper, and floor
coverings.
Hatracking means either of the following:
to flat -cut the top or sides of a tree, severing the leader or leaders, internodal cuts, or
pruning a tree by stubbing off mature wood larger that three inches in diameter; or
to reduce the circumference or canopy spread of a mature tree by one -third or more.
Health, physical fitness, weight reduction, and spa means an enclosed facility or spa
providing equipment, classes, instruction, and similar assistance for conducting a variety of
activities designed to improve health and physical fitness, including but not limited to aerobic
exercises and dancing, weight lifting, running, swimming, racquetball, handball, squash, weight
reduction, and similar activities. Accessory uses, limited to patrons of the center, include
babysitting, food and beverage service, and serving of alcoholic beverages. Fitness centers
include dance instruction, and karate and similar types of self defense training.
Hedge means a dense row of shrubs planted to meet visual screening requirements.
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Height, building means the vertical distance measured from the existing average grade
elevation at the base of the building to the highest point of a building or structure. Height shall be
measured to the highest point of the following: (a) the coping of a flat roof; (b) the average height
level between eaves and roof ridge or peak for gable, hip or gambrel roofs; (c) to the deck line
for mansard roofs; or (c) roof - mounted equipment which extends more that four feet above the
highest portion of a roof.
Heliport means an area used for the landing or takeoff of helicopters or other aircraft capable of
hovering, including the area or buildings which are appropriate to accomplish these functions,
including refueling, repair, and short- or long -term parking of such craft.
Helistop or helipad means an area used for landing or takeoff of helicopters or other aircraft
capable of hovering, excluding any facilities for repair, refueling, or short- or long -term parking.
Highway, limited access means an expressway for through traffic, in respect to which owners
or occupants of abutting property on lands and other persons have no legal right to access to or
form, except at such points and in such manner as may be determined by the public authority
having jurisdiction.
Historic monument or structure means any structure or building existing
contemporaneously with and commonly associated with an outstanding event or period of
history, and any structure or building in which the relics or mementoes of such event or period
are housed and preserved.
Historical traffic growth table means a table prepared by the county engineer showing the
preceding three years' increase or decrease in average annual daily traffic on various links, based
upon traffic counts, and which provides the information to be used in projecting the background
traffic during the buildout period of the proposed project.
Hobby, fabric, or craft shop means an establishment which sells goods and services normally
associated with personal hobbies, fabric and related items for individual use, and craft items
associated with recreational pursuits.
Home number and nameplate means a number or nameplate not more than three square
feet in area indicating the apartment or house number, name, or location identification.
Home occupation means a commercial use conducted entirely within a dwelling, by one or
more lawful residents of the dwelling, that is incidental and secondary to the use of the residential
purpose of the structure, and does not provide external evidence of the nonresidential use.
Hospital means a building or group of buildings licensed by the state and having facilities for
overnight care of one or more human patients, providing services to inpatients and medical care
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to the sick and injured, and which may include accessory facilities such as administrative offices,
laboratories, outpatient services, training facilities, central service facilities, and staff facilities.
Hotel, motel, motor hotel, motor lodge or tourist court means a building or a group of
buildings in which sleeping accommodations are offered to the public and intended primarily for
rental to transients with a daily charge, as distinguished from multifamily dwellings and rooming
houses or boardinghouses, where rentals are for longer periods and occupancy is generally by
residents rather than transients.
Housing for the elderly means a facility in the nature of a multiple - family dwelling, the
occupancy of which is limited to persons of an elderly age, but where the occupants are generally
able to care for themselves and do not require regular personal maintenance or nursing care.
The housing may include a medical or nursing facility for the convenience of the occupants.
Impervious surface means any surface incapable of being penetrated by water under normal
circumstances, including such surfaces as roofs, and areas paved or covered with concrete,
asphalt, or similar materials.
Improvements or site improvements means any grading, filling, or excavation of
unimproved property; additions or alterations to existing buildings or other structures requiring
alterations to the ground; the construction of new buildings or other structures, including parking
lots; and street pavement, curbs and gutters, sidewalks, alley pavements, walkway pavements,
water mains, sanitary sewers, storm sewers or drains, signs, landscaping, or any other
improvement required by these land development regulations.
Individual wastewater disposal system means a septic tank, or other wastewater disposal
system, or any wastewater treatment device on site and serving a single lot.
Individual water supply system means a well or other water source on site and serving a
single lot.
Inspection fee means a fee to be paid by the applicant to the city for the inspection of the
required improvements.
Install means to erect or apply any kind of sign or advertising device.
Intensity means the specific use of land for a nonresidential purpose and the number of gross
square feet housing or to be constructed to house such use.
Internal /intrazonal trips means trips from a proposed project that do not exit the project or
enter the major thoroughfare system.
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Junkyard means any area, lot, land, parcel, building or structure or part thereof used for the
storage, collection, processing, purchase, sale, disposal, or abandonment of wastepaper, rags,
scrap metal or other scrap or discarded goods, materials, machinery or two or more
unregistered, inoperable motor vehicles or other type of junk. This term includes auto wrecking
yards and salvage yards.
Kennel, private means any building or land designed or arranged for the care of dogs and cats
belonging to the owner of the principal use which are kept for purposes of show, hunting, or as
pets,
Kitchen means that portion of a dwelling or building used or designed to be used for the
preparation of food, and designed to include refrigerators, stoves, and sinks.
Laboratory, general means a facility used for testing, research, experimentation, quality
control, or prototype construction, excluding routine manufacturing, repair, maintenance, or
similar activities.
Laboratory, industrial research and development means a facility utilized for research of
an industrial or scientific nature, excluding testing and analysis of a routine nature.
Laboratory, medical or dental means an establishment to perform medical tests, or for the
construction or repair of prosthetic devices, provided such testing or work is performed
exclusively at the written order of a licensed physician or dentist.
Land means any real estate or real property lying within the corporate boundaries of the city,
including such areas defined as "water," "marsh," or "swamp."
Land clearing means the removal or destruction of trees or vegetation.
Land development regulations means ordinances enacted by the city council for the
regulation of any aspect of development and includes any zoning, rezoning, permitted uses,
conditional uses, prohibited use, planned development districts, zoning districts, overlay zoning
districts, subdivision, building construction, or sign, landscape, parking, land use, or similar
regulations controlling the development or use of land.
Land surveyor means a land surveyor licensed and registered pursuant to Chapter 472, Florida
Statutes.
Landscape architect means a landscape architect licensed and registered in the State of
Florida.
Landscape maintenance service means an establishment engaged in the provision of
landscape maintenance and installation services, but excluding the wholesale or retail sale of plant
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materials, lawn and garden supplies, and other equipment related to landscape maintenance and
installation.
Landscape, nursery, and garden supplies means an establishment which sells trees, shrubs,
ground cover, sod, and other types of plants, tools, lawnmowers and related power equipment,
fertilizer and pesticides, garden furniture, mulch and other types of ground cover, and similar
items used for landscape lawn maintenance and landscape purposes.
Landscape plan means a document or plan that graphically or in written text describes the
preservation, installation, quantity, variety, quality, species, location, nature, irrigation, etc., of
buffers, vegetation, plant materials, and hardscape elements to be placed on a particular site as
part of an overall plan of development.
Landscaping means plant materials or combination thereof, including but not limited to grass,
ground covers, shrubs, vines, hedges, trees, palm trees, and other living material.
Laundry and dry cleaning pickup station means an establishment which provides service
for the pickup or drop -off of items to be laundered or dry cleaned, but where laundry and dry
cleaning activities are not carried out onsite.
Laundry, linen supply and cleaning service means an establishment which provides onsite
laundry, dry cleaning, and linen supply services.
Laundry, self - service means a business that provides home -type washing, drying, dry cleaning,
or ironing machines for hire, to be used by customers on the premises.
Lawn mower sales and repair means an establishment engaged in the sale, service, and
repair of lawn mowers, edgers, blowers, trimmers, and similar equipment used personally or
professionally to maintain residential and nonresidential lawns.
Legal access means a dedicated or recorded right -of -way, land, place, alley, or easement,
excluding utility or drainage easements, affording perpetual ingress and egress from a parcel to a
public or private thoroughfare.
Legal positive outfall means a permanent, legally established means, including land
reservation, ownership, grant of easement, etc., for the purpose of conveying stormwater
discharge to a receiving water body or other receiving system.
Level of service means the measure of the functional and operational characteristics of a public
facility in relation to a specified capacity.
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Limb or branch means a secondary shoot or stem arising from one of the main axes, such as
the trunk or leader, of a tree.
Limited access means a highway or freeway which does not permit access except at
authorized and controlled points.
Link means the portion of a major thoroughfare between two major intersections.
Listed species See endangered species, threatened species, and species of special concern.
Loading space, off - street means a specific location to accommodate loading and unloading of
trucks in an off - street location, often provided in the form of one or more truck berths located
either within a building or in an open area on the same lot.
Local planning agency means the Palm Beach Gardens Planning and Zoning Commission
which has been designated by the City Council to prepare the comprehensive plan or plan
amendments pursuant to the Florida Local Government Comprehensive Planning and Land
Development Regulation Act,
Local street. See Street, local.
Lot means a tract, plot, parcel, or portion of a subdivision or other parcel of land intended as a
unit for the purpose, whether immediate or future, of transfer of ownership, possession, or
building development.
Lot, corner means a either a lot bounded entirely by streets, or a lot which adjoins the point of
intersection of two or more streets. For the purpose of this definition, a street may be improved
or unimproved with the right -of -way established by a plat or the comprehensive plan of the city
or the county.
Lot coverage means the portion of the area of a lot expressed as a percentage, occupied by all
buildings or structures, measured from the exterior walls, that are roofed or otherwise covered
and that extend more than three feet above the surface ground level, excluding screen
enclosures and swimming pools, but including detached garages and guesthouses.
Lot depth means the horizontal length of a straight line drawn from the midpoint of the front
property line of the lot to the midpoint of the rear property line of the lot.
Lot frontage. See Lot lines, front.
Lot improvement means any building, structure, work of art, or other object situated on a lot.
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Lot, interior means a lot other than a corner lot with only one frontage on a street.
Lot lines means the lines creating or forming the boundary of a lot as follows:
Front lot line means the lot line fronting the street right -of -way, except, in the case of a
corner lot, the shortest lot line adjacent to a street right -of -way shall be the front lot line.
Rear lot line means the lot line opposite the front lot line. In the case of a lot irregularly
shaped or pointed at the rear, the rear lot line shall be an imaginary line within the lot,
not less than ten feet long, parallel to and at the maximum distance from the front lot line.
Side lot line means any lot line other than the front lot line or rear lot line. A side lot
line located on a street right -of -way is a side corner lot line. A side lot line separating a lot
from another lot is an interior side lot line.
Lot of record means a lot which is part of
a plat recorded in the office of the clerk of I Need adoption date of 1994 code
the circuit court of the county, and existing
as of , 1994
Lot, through or double frontage lot means any lot except a corner lot, having both the
front and rear property lines adjacent to a public street.
Lot width means the horizontal distance between the side lot lines measured at right angles to
the lot depth at the front building setback line.
Lumber yard and building materials means an establishment engaged in the sale of
construction and home improvement materials, including tools, fasteners, plumbing supplies,
electrical supplies, kitchen and bathroom fixtures, lighting supplies, garden supplies, paint, glass,
wall paper, floor coverings, and related items.
Machine shop means a facility utilizing machinery and related equipment to manufacture,
fabricate, or repair a variety of products made from metal, wood, plastics, or similar materials.
Machinery, tools, and construction equipment sales and service means an engaged in
the sale, rental, maintenance, service, and repair of new or used machinery, tools, and
construction equipment.
Major intersection means the junction of two or more major thoroughfares.
Major project means any project, including those within the unincorporated area, which is:
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a development of regional impact;
a project which generates more than 7,000 net trips; or
any project of any type which is contractually bound to financing or constructing any
portion of a major thoroughfare which is not site related.
Major project map means a map and table prepared by the county or city showing the
location and intensity of all major projects in the county or the city. This map and table will be
updated and made available as new projects are approved.
Major site plan means a site plan that satisfies one or more of the following criteria:
the proposed development involves land and water area which exceeds three acres;
the proposed development is a residential project of more than 12 dwelling units;
the proposed development involves more than 30,000 square feet of nonresidential floor
space; and
any application the growth management director designates as a major site plan because
the proposed development is part of a larger parcel for which additional development is
anticipated that, when aggregated with the project in question, exceeds the limits
provided herein.
Major thoroughfares mean:
(1) All streets as defined in the Palm Beach County thoroughfare improvement map, as
amended.
(2) All roads that function as arterial and collector streets as determined by the city engineer
in accordance with accepted traffic engineering principles.
(3) All proposed and approved roads that would, if built, function as arterials and collectors
during the buildout period of the proposed project as determined by the city engineer in
accordance with accepted traffic engineering principles.
Management plan means a formally written instrument that describes the means or becomes
the device to accomplish the desired preservation and maintenance of a specific tract of land or
its plant and animal inhabitants.
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Manufactured building means a building, excluding a mobile home dwelling, that consists of a
closed structure, building assembly, or system of subassemblies, which may include structural,
electrical, plumbing, heating, ventilating, and other service systems, and is a finished building or
part of a finished building, and may be used for residential or nonresidential purposes.
Manufactured buildings are normally, although not always, fabricated offsite and installed or
assembled on the building site.
Manufacturing, general means an establishment engaged in the manufacture or processing of
finished products or parts, including processing, fabrication, assembly, treatment, and packaging of
such products or parts, generally from materials previously prepared. Manufacturing and
processing includes the incidental storage, sales, and distribution of such products and parts, but
does not include heavy industrial processing of materials.
Marginal access street. See Street, marginal access.
Marina, commercial means any facility intended for the storage, docking, fueling, construction,
or repair of any type of marine craft.
Massage therapist means an individual licensed in accordance with the requirements of
Chapter 480, Florida Statutes.
Master development plan means an overall concept plan for a planned community district
that establishes its mix of land use types, including its levels of intensity and density.
Material means anything printed or written, or any picture, drawing, photograph, motion
picture film, videotape or videotape production, or pictorial representation, or any statue or
other figure, or any recording or transcription, or any mechanical, chemical, or electrical
reproduction, or anything which is or may be used as a means of communication. Material
includes undeveloped photographs, molds, printing plates and other latent representational
objects.
Mayor means the chief executive officer of the city council appointed to serve as mayor of the
city council pursuant to section 4 -3 of the Charter. The term "mayor" shall include the vice -
mayor of the city council in the absence or disability of the mayor, pursuant to section 9 -1 of the
Charter or, in the alternative, the chairman pro tem of the city council in the absence or disability
of both the mayor and vice - mayor.
Mechanical equipment means necessary or accessory equipment mounted on or adjacent to
a principal structure, including but not limited to central air conditioning equipment, ventilation
equipment, heating equipment, antennas, satellite dishes, window- or wall- mounted air
conditioners, refrigeration equipment, solar and conventional hot water heaters, elevator
machinery and equipment, backflow prevention devices, and meters and valves for public utilities.
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Media shop means an establishment that may include sexually- oriented material but that is not
regulated as under the provisions of these land development regulations, and may include the
sale of sexually oriented material, but is not regulated or considered an adult media shop as the
media shop does not conform with the standards applicable the definition for that use.
Miniwarehouse or self- storage facility means a building or group of buildings in a
controlled- access compound that contains varying sizes of individual compartmentalized and
controlled- access stalls or lockers for the storage of business or personal goods.
Minor site plan means a site plan that is not a major site plan.
Mitigation means an action or series of actions that will offset proposed adverse impacts to
protected lands.
Mixed use means two or more different land uses located on the same parcel, and to be
developed and operated as a single - entity.
Mobile home. See Dwelling, mobile home.
Mobile home park means a unified development of two or more mobile home dwelling sites
arranged on a tract in accordance with these land development regulations and designed to
accommodate mobile home dwellings for permanent residence, including any service building,
structure, enclosure, recreation, community center, or other facility used as part of the mobile
home park.
Mobile home stand means the central area where all utility services, including electricity,
sewer, water, and telephone, for a mobile home are located.
Mobile home subdivision means a parcel of land subdivided into lots which are sold to mobile
home owners for the purpose of placing mobile homes thereon for residential purposes,
including any land, building, structure, or facilities used by occupants of mobile homes on those
premises.
Model home means a dwelling unit used initially for display purposes which typifies the type of
units that will be constructed in the subdivision and which will not be permanently occupied
during its use as a model.
Modeling studio means an establishment or business which provides the services of modeling
for the purpose of reproducing the human body wholly or partially in the nude by means of
photograph, painting, sketching, drawing, or otherwise.
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Modular unit means a factory- fabricated building which can be transported to a site where it is
to be placed on a permanent foundation, designed to be used primarily as a single - family dwelling
or to be incorporated with similar units at a building site into a modular structure. The term is
intended to apply to major assemblies and does not include prefabricated panels, trusses,
plumbing trees, and other prefabricated subelements which are to be incorporated in a structure
at the site.
Motion picture studio means an establishment engaged in the production and distribution of
motion pictures, including pictures for television.
Motorcycle sales and service means an establishment engaged in the sale, rental,
maintenance, service, and repair of new or used motorcycles.
Mulch means an organic topping such as wood chips, bark, or pine needles used in plant beds
or around trees to reduce evaporation, retain moisture, prevent erosion, control weeds, enrich
the soil and lower soil temperature.
Natural resources means an ecosystem component or attribute of unique or locally significant
value to man and nature.
Net trips means project trips adjusted to account for pass -by trips, internal /intrazonal trips,
previous approval trips, existing use trips and diverted trips.
New construction means construction which begins following the effective date of these
revised land development regulations.
Newsstand or gift shop means an establishment primarily engaged in the retail sale of gifts,
novelties, greeting cards, newspapers, books, magazines, tobacco, or similar items.
Night club, bar, or lounge means a building or portion of a building wherein liquor and
alcoholic beverages are sold by the drink and consumed on the premises, and includes taverns,
bars, lounges, and similar uses, and may include live entertainment, but excludes restaurants
where the sale of food constitutes at least 50% of average annual gross revenue or uses which
sell liquor and alcoholic beverages for off - premise consumption.
Nonconforming lot means a single lot, tract or parcel of land of record which was conforming
at the time of its creation, but which fails to meet the requirements of this chapter.
Nonconforming building or structure means a building or structure which was conforming
at time of construction, but which does not comply with the dimensional criteria established in
this chapter.
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Nonconforming premise means a premise which is nonconforming to the present
requirements of this chapter due to non - structural site elements, including but not limited to the
following: required parking and loading spaces; required dumpster or other trash receptacle
space; vehicle stacking requirements; required access lanes; required screening, landscaping, or
similar site improvements; pedestrian circulation; signs; site lighting; overlay district requirements;
and required site improvements.
Nonconforming use means a land use which was permitted when established, but does not
conform to the regulations of the zoning district in which it is located.
Nonconformity, dimensional means a lot, premises, structure, or building, or any
combination thereof, which does not comply with one or more of the following: minimum
building site area; minimum lot size; minimum lot width; minimum lot depth; minimum building
setback; maximum lot coverage; maximum floor area ratio; maximum building height; minimum
open space; minimum off - street parking; and any other similar dimensional criteria established by
this chapter.
Nonresidential subdivision means a subdivision whose intended use is other than residential,
such as commercial or industrial.
Notice means notifying the public of the time, date, and location of a public hearing by one or
more of the following methods:
publication in a newspaper of general circulation;
the provision of required mail notice; or
posting property with signs provided by the city.
Nursing and convalescent facility means a facility licensed and regulated by the state that
provides lodging and long term skilled nursing care for aged, chronically ill or convalescent
patients, but excluding hospitals, clinics, or similar institutions devoted primarily to the diagnosis
and treatment of the sick or injured.
Office, medical or dental means an establishment offering patients medical services,
examinations, and treatments, by professionals trained in healing or health - related practices,
including medial doctors, dentists, chiropractors, osteopaths, chiropodists, naturopaths,
optometrists, or any similar profession as is legal in the State of Florida.
Office, business or professional means an establishment providing executive, management,
and professional services to the public, including but not limited to the following: advertising
services, business offices of private companies, business offices of utility companies, public or
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nonprofit agencies, trade associations, and employment offices; excluding day labor and labor
pool services; professional or consulting offices for accounting, architecture, computer
technology, design, engineering, landscape architecture, law, urban planning, and similar
professions; property and financial management, real estate; secretarial and telecommunication
services; and travel agencies.
Off -peak season means the time from June I through August 31, inclusive.
Off -site means any premises not located within the area of the property to be subdivided,
whether or not in the common ownership of the applicant for subdivision approval.
Official zoning map means the official map upon which the boundaries of each zoning district
are designated, as approved and adopted by the city council, made part of the official public
records of the city, and which shall be the final authority as to establish or amend the zoning
status of land and water areas, buildings, and other structures in the city.
Open space means an exterior open area, including open water bodies, clear from the ground
upward and devoid of residential and commercial buildings, accessory structures, and impervious
areas, except, however, those buildings and structures used exclusively for recreational purposes.
Open space, common means any open space under common ownership and control.
Optical, optician or optometrist offices means an establishment offering patients medical
services, examinations, and treatments, by professionals trained to provide optical, optician,
optometrist services
Owner means any person, corporation, partnership, or other legal entity or combination of two
or more of such having legal title to or a sufficient proprietary interest in land as evidenced by
deed of record. The term "owner" may also include any agent acting on behalf of the owner
pursuant to valid authority provided by the owner.
Palm means any of various plants of the Palmaceae family, characteristically having unbranched
trunks with a crown of large pinnate or palmate leaves.
Parcel means:
any contiguous land area capable of being described such that its location and boundaries
may be established; or
within a PCD or PUD, a designated quantity of land to be used or developed as a single
unit.
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Park means property owned by the city, county, or other governmental agency, whether
developed or undeveloped, which is open to the general public for passive or active recreational
purposes, or for some other form recreation, conservation, or preservation.
Parking lot means any area, constructed at grade, upon which provides for the temporary
parking of vehicles, and includes all vehicle use areas, such as aisles, ramps, and maneuvering
areas.
Parking space, off - street means a surfaced or grassed area, accessible from but not located
on a street, that is sufficient in size and intended for the parking of a motor vehicle.
Pass -by trips means trips generated by a proposed project which are passing trips already on
the road link on which the proposed project is located, not new trips.
Passenger station means a location where commercial transportation for passengers, including
bus, train, and mass transit, is scheduled to arrive and depart on a regular basis.
Pathway means a pedestrian or bicycle path within or connected to the parkway system which
provides an alternative mode of transportation, linking neighborhoods, schools, shopping, parks
and open spaces, including preserve areas.
Pawn shop means a business wherein money is loaned on deposit or pledges of personal
property or other valuable items.
Peak season means the time from January I through March 31, inclusive, each year.
Performance surety means sufficient funds irrevocably committed by written instrument
approved by the city attorney, or cash escrow, to secure complete performance of a contract, or
condition of a development order, or road agreement.
Perimeter street. See Street, perimeter.
Perimeter wall means a structure surrounding all or a portion of a development, parallel to or
abutting property lines.
Permanent control point (PCP) means a permanent control point as set forth and defined
in Chapter 177, Florida Statutes.
Permanent reference monument (PRM) means a permanent reference monument as set
forth and defined in Chapter 177, Florida Statutes.
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Permitted structure means a structure meeting all requirements established by this chapter
for the zoning district in which the structure is located.
Permitted use means a use meeting all the requirements established by this chapter for the
zoning district in which the use is located.
Person means any individual or group of individuals or any corporation, general or limited
partnership, joint venture, unincorporated association, or governmental or quasi - governmental
entity.
Personal services means an establishment providing services of a personal nature that are
necessary on a frequent or recurring basis. Personal services may include the accessory retail
sale of items related to the service rendered. Personal services typically include informational,
instructional, personal improvement, or services of a similar nature, typified by art and music
schools, beauty and barber shops, driving schools, licensed massage therapists, photography
studios, and manicurists.
Pet, household means animals, including dogs, cats, fowl, fishes, or reptiles, kept as part of and
subordinate to a residential use. Poultry, hoofed animals of any type, predatory animals such as
lions, tigers, ocelots, pumas, and the like, or any animal which is normally raised to provide food
for people shall not be considered to be household pets.
Planned community district (PCD) means a development encouraging creativity and
imagination in the planning and development or redevelopment of large tracts of land for various
uses and activities associated with a planned community under one master plan that may include
a mix of land use types at different levels of intensity.
Planned development means a planned community district or a planned unit development.
Planned development area (PDA) means a contiguous undeveloped land area under
unified ownership that is established as a holding zone until the landowner or developer is
prepared to develop the land and propose a development plan consistent with the city's
comprehensive plan and land development regulations.
Planned unit development (PUD) means a land area under unified control, utilizing creative
design techniques to preserve natural resources, encourage efficient use of land, and benefit the
community, designed and planned to be developed or redeveloped in a single operation or by a
series of prescheduled development phases according to an officially approved final development
plan that is consistent with the city's comprehensive plan and land development regulations.
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Planning and zoning commission means the commission, appointed by the city council
consistent with the requirements of section 2 -156 of the city code, to act as the advisory body to
the city council in the review of applications for development order approval.
Plat means a map or delineated representation of the subdivision of lands, being a complete
exact representation of the subdivision and including other information as required by the
applicable laws of the state and the city's subdivision regulations in chapter and which has
been placed in the official records of the county. The term "plat" includes the terms " replat,"
"amended plat," or "revised plat."
Plat, boundary means a map or delineated representation for recordation of a single lot,
parcel, or tract of land for development purposes, and prepared, approved, and recorded in
accordance with requirements and procedures for a bound plat pursuant to Chapter 177, Florida
Statutes, and may include the terms replat, amended plat, or revised plat.
Plat of record means a plat which conforms to the requirements of the applicable laws and
placed in the official records of the county.
Plat, preliminary means a copy of the plat in sufficient form to readily compare the plat with
the master plan and construction plans.
Pool hall or billiard parlor means a business wherein billiard or pool tables are provided as a
form of recreation to members of the general public.
Post office means a facility operated by the U.S. Postal System for the collection and distribution
of mail, and the sale of goods and services related to the U.S. mail system.
Post office, accessory means a limited facility, usually located in proximity to a public or quasi -
public use, which provides for the receipt of mail and sale of a limited number of postal items
such as stamps or envelopes.
Preserve means an area designated and set aside for the protection of natural resources.
Previously- issued development order
means a development order issued prior to Should we use date of adoption of revised
August 18, 1994. LDRs?
Primary arterial. See Street, arterial.
Primary entranceway means a paved facility, including parking areas, sidewalks, plazas, and
courtyards, which provide vehicular or pedestrian access to a building entrance.
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Principal tenant means an occupant of either the entire building or a portion of a building,
identified specifically at time of sign construction by the developer to the principal tenant.
Printing and publishing means an establishment providing retail photocopy, reproduction,
blueprinting, or related services.
Project means a land use or group of land uses or land development activities or amendment
thereto, which require the issuance of a development order.
Project traffic /project trips means the number of trips generated by a proposed project, less
pass -by and internal /intrazonal trips. If no specific use, size, or density is proposed, the maximum
trip generation possible under the development order shall be utilized.
Property owners' association means a nonprofit corporation under the laws of Florida,
operated under recorded land agreements through which each owner of a portion of a
subdivision, be it a lot, home, property, or any other interest, is automatically subject to a charge
for a prorated share of expenses, either direct or indirect, for maintaining common properties
within the subdivision, such as roads, parks, recreational areas, common areas, or other similar
properties. Within the text of these regulations, a property owners' association is considered a
single- entity for property ownership.
Proposed project means a project for which an applicant seeks the issuance of a development
order.
Prune means to cut away, cut off, or cut back, or remove parts of a tree, palm, or other
vegetative matter.
Public hearing means a meeting of the city council, planning and zoning commission, or other,
bodies appointed by the city council which has been scheduled, advertised, and properly noticed
for the purpose of receiving public comment.
Public infrastructure means all utilities, drainage and surface water management systems,
roadways, sidewalks and pathways, recreation facilities, and related improvements or
appurtenances that are available for use by the public or are constructed to serve a public need,
regardless of the ownership of the infrastructure.
Public park means any publicly -owned park, playground, beach, parkway, recreation area, or
open space.
Public road right -of -way means such right -of -way owned or dedicated to the city or any
other governmental entity.
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Public utility means any public or private utility, including overhead or underground distribution
systems, providing a public service, and including but not limited to the following: surface water
management, wastewater collection and treatment, electric power, water supply, natural gas
service, cable television, or telephone service, but excluding wireless telecommunications.
Radio /television broadcast studio means an establishment that broadcasts live or pre-
recorded radio or television programs.
Radius of development influence means the area surrounding a proposed project in which
the proposed project's traffic on major thoroughfares exceeds five percent of the level of service
"D" service volume. The maximum radius of development influence for specific types of
proposed projects shall be five miles. The distance shall be measured in road miles from the
proposed project's points of ingress and egress, not as a geometric radius.
Recreation center, public means a property or building, owned by the city, county, or other
governmental agency, which is open to the general public for passive or active recreational
purposes, and may include swimming pools, tennis courts, activity buildings, and similar uses.
Recreation, commercial indoor means an establishment which offers commercial
recreational activities in an enclosed structure, including bowling alleys, bingo parlors, and billiards
parlors, but excluding movie theaters, health and fitness facilities, and indoor gun clubs or facilities.
Recreation, commercial outdoor means an establishment which offers commercial
recreational activities where all or part of such activities occur outdoors, including archery ranges,
athletic fields, batting cages, golf driving ranges, tennis courts, miniature golf courses, swimming
pools, and tennis courts, but excluding go -cart tracks, gun clubs, and jet skiing.
Recreation vehicle means a camper, trailer, pickup camper, bus, or other vehicle with or
without motor power, designed and constructed to travel on public thoroughfares without
special permit in accordance with the vehicle code of the state.
Recreational vehicle park means an area designed and developed to be utilized by the
operators of recreational vehicles and camping cabin guests for overnight parking and lodging on
a short term, transient basis.
Region means the Treasure Coast area of the state.
Residence. See Dwelling unit.
Residence hall or dormitory means a building associated with a college, university, or
vocational school which provides long term lodging to students registered at and attending such
institutions of higher learning.
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Responsible party means the owner, applicant, contract purchaser, or other individual or
individuals requesting approval of a subdivision or boundary plat, and who is responsible to
ensure required infrastructure improvements are installed.
Restaurant, General means an establishment, including a cafeteria, where food is ordered
from a menu, prepared and served for pay primarily for consumption on the premises in a
completely enclosed room or structure.
Restaurant, Fast Food means an establishment where food and beverages are consumed
either on- or off - premises, and food and beverages are primarily pre- cooked, pre - packaged,
served in disposable wrapping and containers, and orders are taken at a counter or drive - through
facility.
Restaurant, Specialty means an establishment that sells a limited variety of food and
beverages that generally are prepared to order and consumed on- premises, and are typified by
ice cream shops, health food shops, coffee shops, doughnut and bakery shops, delicatessens, and
similar types of establishments.
Restaurant, Quality means an establishment where food and beverages are prepared and
consumed on- premises, alcoholic beverages may be served, and often characterized as being
open only for lunch and dinner, with a lower rate of turnover of clients.
Restaurant, Take Out means an establishment where food and beverages are served to be
consumed off - premises.
Retail, General means those establishments engaged in retail sales and rental of products,
including apparel for women and men; appliance sales; auto parts store; book stores; business
machines and office equipment sales; camera and photography sales and service; candy, nuts, and
confectionary sales; fabric stores; floor covering sales; food stores, excluding convenience stores;
furniture stores, hardware and building supply sales; household goods; lawn and garden sales,
including lawnmowers; leather goods and luggage stores; liquor and package sales; marine
equipment sales, excluding boats and personal water craft; music and musical instrument sales;
newsstand and cigar sales; optical goods; pet shops; shoe stores; sporting goods; tobacco shops;
toy stores; and similar uses as may be determined by the growth management director.
Rezoning means a change in the current zoning classification of a property to a different zoning
classification.
Ridge means the highest point of a roof composed of sloping sides.
Right -of -way means a strip of land, dedicated or deeded to the perpetual use of the public,
occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission
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line, oil or gas pipeline, water supply main, sanitary sewer, storm drain, or for any other special
use.
Right -of -way means, for platting purposes, that every right -of -way established and shown on a
final plat is to be separate and distinct from the lots or parcels adjoining such right -of -way and not
included within the dimensions or areas of such lots or parcels. Rights -of -way intended for
streets, crosswalks, water supply mains, sanitary sewers, storm drains, or any other use involving
maintenance by a public agency shall be dedicated to public use by the maker of the plat on
which such right -of -way is established.
Road agreement means an agreement of which the board of county commissioners or city is a
parry that ensures construction of major intersections or links.
Rooming house means a single - family house, wherein furnished rooms without cooking
facilities are rented for a valuable consideration to one or more individuals unrelated by blood or
marriage to the owner or operator of the house.
Sale or lease means any transfer of ownership or any possessory interest in land, including
contract of sale, lease, devise, intestate succession or other transfer of an interest in a subdivision
or part thereof, whether by metes and bounds or lot and block description.
School, public or private means lands and buildings operated by the county school district or
other public entity, for educational or training purposes, as follows; (a) elementary school, (b)
middle school or junior high school, (c) high school, (d) vocational school, or (e) college or
university.
Screen means to partially or totally conceal from public view.
Self Service Storage means a facility consisting of individual, self- contained units that are
leased for the storage of business, commercial, or personal goods and belongings. The facilities
may offer access via a limited number of access points or via a large number of doors or access
points to individual bays. Facilities may include security quarters.
Setback means a required open space unoccupied and unobstructed by any structure or
portion of a structure above the general ground level of the graded lot upward, except for
fences, walls, and other customary yard accessories as provided in these regulations.
Front setback means the lot area extending the full width of the lot, the depth of which
is the minimum horizontal distance between the front lot line and the nearest line of the
main building.
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Rear setback means the lot area extending the full width of the lot, the depth of which
is the minimum horizontal distance between the rear lot line and the nearest line of the
main building.
Side setback means the lot area between a main building and the side lot line,
extending from the front yard to the rear yard, the width of which is the horizontal
distance from the nearest point of the side lot to the nearest point of the main building.
(4) Side corner or side facing street setback means the lot area between a main
building and the side lot line, extending from the front yard to the rear yard, the width of
which is the minimum horizontal distance between a street right -of -way and any
structure or any projections thereto.
Setback, building means the shortest distance between the building or structure and the
property line, whether front, side, side corner, or rear, measured from the lot line to the nearest
vertical exterior walls.
Setback, required means the minimum lot area as specified in these regulations for front, side,
and rear yards, as distinguished from any yard area in excess of the minimum required.
Shade tree means a tree which, by virtue of its natural shape, provides at maturity a canopy
with a minimum diameter of 25 feet.
Shared parking means a technique which allows two or more discrete, complementary uses
possessing clearly different periods of peak parking demand to utilize the same parking spaces,
and resulting in a net decrease of required parking spaces when calculated separately.
Shrub means a self - supporting woody plant of relatively low height and several stems.
Sidewalk means that portion of a street between the curbline or the lateral line of a roadway
and the adjacent property lines, intended for use by pedestrians.
Sight distance means the extent of unobstructed vision in a horizontal and vertical plane along
a street located at any given point on the street.
Sign means any exterior identification, description, illustration or device which directs attention
to a product, service, place, activity, person, establishment, institution or business; or any
emblem, painting, banner, pennant or placard designed to advertise, identify or convey
information.
Sign Area means the background area upon which the sign or advertising is placed.
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Sign, abandoned means a sign advertising a business, service, or activity that is no longer
licensed, no longer has a certificate of occupancy, or is no longer active at that location.
Sign, animated means a sign with action or motion using electrical energy, electronic, or
manufactured sources of supply or wind - actuated elements, including rotating, revolving, or
flashing signs.
Sign, banner means any sign constructed of fabric, plastic, or similar material that normally is
freely waving, temporary in nature, displayed outdoors, and containing advertising, information,
or lettering.
Sign cabinet means the structure, usually made of wood, plastic, metal, or some combination
thereof, which contains one or more sign faces.
Sign, changeable copy means a sign which is characterized by changeable copy of letters or
numbers, regardless of method of attachment.
Sign, development means a temporary sign advertising the sale or rental of structures under
construction and located on the site of the project or development.
Sign, Directional means any sign permanently or temporarily located within a right -of -way and
erected by or with approval of the city or any authorized government agency to denote the
following:
signs of routes to any city, town, village, historic place, or hospital;
signs directing and regulating traffic;
notices of any railroad, bridge, ferry, or other transportation;
direction of safety of aviators as to locations, direction and landings and conditions
affecting safety in aviation;
or signs, notices, or symbols as to the time and place of civic meetings.
Sign, directional, on -site means a sign conveying instructions, but no advertising, with
respect to the premises on which it is located, including such information as "exit" and "entrance,"
"drive -in" teller for banks; menus for drive -in restaurants; gasoline pump island direction; or any
other improvement required by the land development regulations.
Sign, flashing means any sign used for identification, directional, advertising, or promotional
purposes that includes approved lighting fixtures which flash, blink, cut on and off intermittently,
and are used as exterior or other signs visible from the public right -of -way.
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Sign, general product means a sign which advertises a product commonly available at a
variety of commercial or retail establishments, including but not limited to alcoholic beverages,
tobacco products, food products, candies, auto parts and accessories, clothes, etc.
Sign, ground means a sign supported by and affixed to a base comprised of materials of a
permanent nature permanently located on or in the ground with such base not to be in excess of
two feet of height of surrounding ground level and wholly independent of any building for
support.
Sign, Illuminated means a sign in which a source of light is used in order to make the message
readable and shall include signs with internal backlighting or external backlighting.
Sign, interior means a sign inside a building that is not attached to a window or door that is not
visible from a public right -of -way.
Sign, light pole means a sign, banner, streamer, etc., mounted on a light pole or similar
structure, approved by the City Council and installed by the city, and providing holiday greetings
or promotion for city- sponsored or - approved events.
Sign, menu board means an outdoor sign, including a speaker, associated with a drive - through
window or facility, which provides the list of available foods and food prices.
Sign, menu means an outdoor display of a restaurant's menu or offerings, attached to a wall or
facade.
Sign, nonconforming means a sign which does not conform to the height, type, setback, size,
location, use, operating characteristics, or structural support established as of the effective date of
this chapter.
Sign, off premise means a sign which advertises or announces merchandise, products,
business, goods, entertainment, or services which are not available on the site on which the sign
is located.
Sign, political means a signed designed and used for the purpose of soliciting support for or
opposition to a candidate, proposition, or referendum at a public election.
Sign, real estate means any sign installed by a property owner or agent on a temporary basis,
advertising the real property upon which the sign is located to be for rent, lease, or sale.
Sign, snipe means an off- premise sign made of any material, including but not limited to wood,
paper, cardboard, plastic, and metal, which is tacked, nailed, posted, pasted, glued, or otherwise
attached to trees, poles, fences, or other similar objects.
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Sign, special events means a temporary sign advertising or announcing any civic, patriotic, or
special event of public interest.
Sign, temporary means a sign installed for a limited amount of time, and may include banners,
flags, streamers, and pennants as approved by the city, or is attached to a wooden, plastic, or
similar pole that is stuck into the ground
Sign, time and temperature sign means a display containing numerals alternately showing
the time or temperature.
Sign, traffic control means a sign or signal for the control of vehicular, railroad, pedestrian,
boat, or bicycle traffic, as authorized by the state or the city.
Sign, wall (flat wall sign) means a sign installed, attached, or otherwise affixed parallel to the
wall or facade of a building, and may include murals or similar graphics if permitted
Sign, window means a sign painted on, hung inside, or adjacent to a window, and intended to
be viewed from the outside.
Sign, window area means that area of a window upon which a sign message is placed, which
shall include framing with interchangeable or painted letters. If a logo or figures are used in lieu of
letters, the measurements thereof shall be made on a rectangular basis using the most outer
point thereof for determination of gross sign space utilized.
Site plan means a graphic and informational representation of any land usage, except a single -
family residence, within a single parcel that meets the requirements established in the city's land
development regulations.
Special events mean a temporary event which may occur for one or more days, including but
not limited to outdoor festivals, craft shows, carnivals and similar outdoor amusements, plant
sales, parades on public rights -of -way, seasonal sales of merchandise including fireworks and
Christmas trees, concerts, and any other event open to and expected to attract both residents
and non - residents.
Specialty retail means commercial establishments selling, at retail prices, items which fit into a
single merchandise category or groups of categories and whose merchandise lines are more
limited or focused in scope or include items which are not typically found in department stores or
discount department stores. Examples of specialty retail uses include but are not necessarily
limited to individual stores limited to the sales of items from merchandise categories such as
personal gifts, luggage, high- fashion apparel and accessories, computers and related equipment
and supplies, home electronic equipment, housewares, linens, jewelry, gourmet foods or wines
or liquors, books, and china and crystal.
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Specimen tree, plant, or palm means a tree, plant, or palm that is special for the reasons of
uniqueness, quality, size, and shape, excluding exotic invasive species, listed in the city's
landscaping regulations.
Stadium or arena, public or private means an open or enclosed facility owned, by a public
or private entity or organization, which provides a venue for spectators to observe amateur and
professional sports and athletic competition, live performances, community events, and other
types of events open to the public.
Story (floor) means that portion of a building included between the surface of any finished floor
and the surface of the next floor above it or, if there is no floor above it, the space between the
floor and ceiling above it.
Street means any public or private accessways, easements, or rights -of -way such as an
expressway, arterial, collector, minor collector, street, road, lane, highway, avenue, boulevard,
alley, parkway, viaduct, circle, court, terrace, place or cul -de -sac, and also includes all of the land
lying between the right -of -way lines as delineated on a plat showing such streets, whether
improved or unimproved. The term street shall not include those accessways such as easements
and rights -of -way intended solely for limited utility purposes, such as for electric power lines, gas
lines, telephone lines, water supply lines, surface water management, storm sewers, sanitary
sewers, and easements of ingress and egress.
Street, arterial means a roadway that is intended for the movement of large volumes of traffic
between distant points, and will ordinarily have controlled or limited right of access.
Street classification means classification of streets by local, collector, and arterial streets as
shown on the county thoroughfare improvement map and the city's comprehensive plan. For
streets not included in the map or plan, the city shall classify the proposed streets.
Street, collector means a street which carries traffic from local streets to the major system of
arterial streets and expressways and which may provide access to abutting properties, including
the principal entrance street or streets of a residential development and streets for circulation
within a development.
Street, dead -end means a street or road or a portion of a street or road with only one
vehicular - traffic outlet.
Street, local means a street of limited continuity used primarily to provide access to abutting
properties and not for through traffic.
Street, marginal access means a special purpose local street which is parallel and adjacent to
a collector street, arterial street, expressway, or other limited access street and which has its
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principal purpose of relieving such streets from local service of abutting property by providing
access to abutting property and separation from through traffic.
Street, perimeter means any existing street to which the parcel of land to be subdivided abuts
on only one side.
Street, private means any street which has not been dedicated to a public body for public use
and which provides access to more than one property, and whose primary function is traffic
circulation rather than access to individual parking spaces.
Street, public means any street designed to serve more than one property owner which is
dedicated for public use and accepted for ownership and maintenance by the city council or
other public body.
Street right -of -way width means the distance between property lines measured at right
angles to the centerline of the street.
Studio, Instructional means a commercial establishment providing training or instruction for
compensation in marital arts, exercise, gymnastics, and related activities.
Studio, Professional means an establishment used in the practice of artistic pursuits, including
instruction, for fine arts, music, photography, painting, sculpture, drama, speech, and dance.
Structure means anything constructed, assembled, or erected, the use of which requires
location on the ground and attached to something having location on or in the ground; this shall
include, among other things, buildings, swimming pools, mobile homes, fences, walls, tanks,
signs, tents, lunch wagons, trailers, dining cars, camp cars or similar structures on wheels or other
supports used for living, business, or storage purposes. The term includes any structure equipped
with a roof, permanent or temporary, such as porches, awnings, canopies, screened enclosures,
arbors, balconies and similar elements, but does not include unroofed surfaces such as paving,
sidewalks, or those used for sports.
Subdivider means any person or legal entity who:
having an interest in land, causes it, directly or indirectly, to be divided into a subdivision;
or
directly or indirectly sells, leases, or develops or offers to sell, lease, or develop any
interest, lot, parcel site, unit, or plat in a subdivision; or
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engages directly or through an agent in the business of selling, leasing, developing or
offering for sale, lease, or development a subdivision or any interest, lot, parcel site, unit
or plat in a subdivision; or
is directly or indirectly controlled by or under direct or indirect common control with any
of the subsections of this definition.
Subdivision means the division of a parcel of land, whether improved or unimproved, into two
or more contiguous lots or parcels of land, designated by reference to the number or symbol of
the lot or parcel contained in the plat of the subdivision, for the purpose, whether immediate or
future, of transfer of ownership or, if the establishment of a new street is involved, any division of
the parcel. The term includes a resubdivision and, when appropriate to the context, relates to
the process of subdividing or to the land subdivided.
Subdivision improvement agreement means a contract entered into by the applicant and
the city by which the applicant promises to complete the required public improvements within
the subdivision within a specified time period following plat approval.
Subdivision plan means a development plan consisting of maps and drawings illustrating the lot
and street layout and providing the information in regard to the proposed subdivision required to
be submitted for development approval, and to be used, once approved, as a basis for the
preparation of construction plans and plat.
Substantial completion means the required improvements have progressed to the point
where, in the opinion of the city engineer, they are sufficiently complete to be utilized for their
intended purposes.
Surety means the letter of credit or cash escrow or any other security arrangement acceptable
to the city provided by the applicant to secure the provision of required improvements.
Survey data means all information shown on the plat that delineates the physical boundaries of
the subdivision and any parts thereof.
Surveyor means a land surveyor licensed and registered in the State of Florida.
Temporary improvements means improvements built and maintained by a subdivider during
construction of the subdivision and prior to release of the performance bond.
Theater, indoors means an enclosed establishment which shows motion pictures and live
performances.
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Thrift and used merchandise store means a retail establishment, including a flea market,
which sells ordinary used, secondhand, or junk merchandise, including but not limited to
vehicular or marine engine and body parts, books, clothes, electronic and mechanical equipment
and parts, furniture, household goods, jewelry, shoes, tools of all kinds, toys, and similar goods
that are donated, purchased or otherwise acquired for resale.
Total traffic means, during the buildout period of the project, the sum of:
existing traffic;
net trips; and
background traffic.
Tower, guyed means a communication tower that is supported, in whole or in part, by guy
wires and ground anchors.
Tower, monopole means a communication tower consisting of a single pole, constructed
without guy wires and ground anchors.
Tower, rooftop- mounted means a communication tower constructed upon a rooftop.
Tower, self - support means a communication tower that is constructed without guy wires and
ground anchors.
Townhouse means a dwelling unit located on an individual lot and meeting the following
characteristics:
attached by at least one but not more than two party walls to one or more abutting
dwelling units;
the party wall or walls shall be attached, at a minimum, a distance of at least fifty percent
(50 %) of the length of such walls;
sharing a common foundation;
party walls being centered on property lines; and
party walls shall provide required fire protection.
Travel trailer means a vehicular portable structure built on a chassis, designed to be used as a
temporary dwelling for travel and recreational purposes, with a body width not exceeding eight
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feet and constructed in such a manner as will permit occupancy thereof as a dwelling or sleeping
place for one or more persons. For the purposes of these regulations, the term includes
recreational vehicle, pickup campers, camping trailers, and motorized homes which provide living
facilities constructed as integral parts of self - propelled vehicles.
Travel trailer park means any premises designed primarily for transient occupation on which
one or more travel trailers are parked and used for the purpose of supplying to the public a
parking space for one or more such trailers.
Tree means a self- supporting, woody plant of a species which normally grows to an overall
height of a minimum of 15 feet in the northern part of the county, and three inches in caliper.
Use means the purpose or activity for which a building, structure, or land is occupied or
maintained.
Use, accessory means a use that is customarily associated with a permitted or conditional
principal use, and is clearly subordinate and incidental to the principal use in area, extent, size, or
purpose, and serves only the principal use.
Variance means a deviation from dimensional and certain other requirements of this chapter.
Vegetation means the collective plant life of an area, lot, site, tract, or region.
Vehicular use area means all land upon which vehicles traverse the property, including the
parking lot,
Vested development means any project for which a development order has been granted
prior to adoption of the city concurrency management system and the project has progressed in
accordance with the development order and the city's land development regulations.
Veterinary office or clinic means an establishment providing medical services, care, and
treatment to animals, and includes facilities for overnight stays or boarding of animals.
Video game and amusement parlor means any business establishment containing four or
more coin- or token - operated or for -hire, by any other means, video or amusement games, skill
machines or devices, or any combination thereof available for the use of the public.
Video rental and sales means an establishment engaged in the rental or sale of video tapes,
video games, or similar materials.
Utility, Plant and Major Substation means utility plants, including sewer and water
treatment plants, electrical generation facilities, gas distribution plants, major regional or
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subregional electrical substations, major electrical transmission lines, or similar facility which
provides utility services to a large geographical area.
Utility, Minor means one or more elements of utility distribution, collection, or transmission
networks or facilities, which provide utility service to a relatively limited geographical area.
Networks or facilities include the following: underground water and sanitary sewer lines;
overhead or underground electrical, gas, cable, and telephone lines, including necessary service
boxes; lighting and utility poles; sewage lift stations; electrical distribution substations; and manned
or unmanned telephone exchange buildings, buildings with telephone switching equipment, and
substations.
Veterinary office and clinic means an establishment which provides medical and surgical
care for animals, and may provide overnight facilities.
Vocational school means a public or private establishment offering regularly scheduled
instruction in technical, commercial, craft, or trade skills, including but not limited to business, real
estate, building and construction trades, electronics, computer programming and technology,
automotive and aircraft repair and technology, barbering, cosmetology, and hairdressing.
Vine means plant material which normally requires support at maturity.
Wall means a high thick masonry structure for forming a long rampart or an enclosure. One of
the sides of a room or building connecting floor and ceiling or foundation and roof.
Water body means a canal or open expanse of water with an average water width wider than
60 feet.
Weed means a plant considered undesirable, unattractive or troublesome.
Well drilling company means a firm or organization engaged in the drilling of water supply
wells.
Wholesale and warehousing, general means an activity that involves the inventory and sale
of relatively large quantities of goods to retailers for resale to consumers, or an activity that
involves the storage of goods or equipment for a specified period of time or for distribution to
wholesalers or retailers; but excluding wholesale activity involving motor vehicles, natural gas,
gasoline, and other fuels or petroleum products, as well as warehouse facilities which include self -
storage or combination office- warehouse uses or activities.
Window means an opening in an exterior wall or a building covered with glass or a building
material which is transparent.
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Work means all required construction as shown on approved construction plans and
specifications for all facilities and features of any kind which are required and related to the
process of subdivision of land in accordance with these regulations.
Working days means Monday through Friday, excluding weekends and recognized holidays.
Works of art means all forms of the visual arts conceived in any medium, material, or
combination thereof, including but not limited to painting, sculpture, fountains, engraving, carving,
frescos, mobiles, murals, collages, mosaics, bas - reliefs, tapestries, photographs, drawings, and
collaborative design projects between architects and landscape architects and artists.
Yard. See Setback.
Zero lot line means the location of a building on a lot in such a manner that one or more of the
building's sides rests directly on a lot line.
finalldrs. I
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