| FREQUENTLY ASKED QUESTIONS |
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COMMENCEMENT OF DEVELOPMENT AND PLAT RECORDATION What Is The Minimum Time Permitted For Commencement Of Development, Utilization Of Conditional Use, Or To Record A Plat? Three years from date development order (resolution) is approved. What Constitutes Commencement of Development?
Administrative
Extension of Time How to apply
What is considered in the review of an application? The
Executive Director, or other person designated by the ULDC, may grant an
extension of time to comply with a requirement provided there are no liens and
fines related to the affected property, and the development order:
What is the maximum duration of a time extension? The maximum duration of an administrative time extension is one year, and will commence upon the expiration of the date to comply with the time requirement. BOARD
OF COUNTY COMMISSIONERS OR ZONING COMMISSION REVIEW What
Happens When A Time Extension Must Be Approved By The Board Of County
Commissioners Or The Zoning Commission?
What Issues Are Addressed By The Status Report?
What
Action Will Be Taken By The BCC Or ZC? The
development order(s) will be reviewed during a public hearing held by the BCC
or ZC. The BCC or ZC will then take one or more of the following actions:
What
If There Are Liens And Fines On The Affected Property? Staff will determine if the property owners have any unpaid liens and fines related to the affected property. Please contact the Monitoring Section to obtain the Liens and Fines Determination form. The review to make this determination will take approximately two to three weeks from submittal of the form and the fee ($35.00 per property control number). When
Will The Notice Filed With The Clerk Of The Court Be Lifted? The
recorded notice will be rescinded upon completion of the following:
TIME CERTAIN CONDITIONS OF APPROVAL Can Time Extensions Be Approved For Time Certain Conditions Of Approval? Yes. Administrative extensions not to exceed a total of two years can be approved provided justification has been presented by the property owner and staff. The application fee is currently $150.00. What Happens When Administrative Time Extensions Have Been Exhausted? The Board of County Commission or Zoning Commission review procedures identified above will be implemented. CODE ENFORCEMENT COMPLAINTS How Do I File A Complaint? Contact the Code Enforcement Division at 233-5500. Please have the address of the subject property available when reporting a violation. It is required that you leave your name and telephone number when filing a complaint unless the issue deals with a threat to life-safety. If I Have Received A Notice of Violation, What Should I Do? First, contact the code enforcement officer that issued the Notice. It is important that you keep in touch with the code officer. He or she can assist you in getting to the right people to expedite your efforts to comply with the Notice, and can answer any preliminary questions you may have. What Types Of Improvements Require A Building Permit? As a general rule of thumb, ask the Building Division before proceeding. Most improvements require permits: fences; sheds; enclosures; concrete patios, walkways and slabs; roof repairs and reroofing. A simple call to the Building Division (233-5100) can save a great deal of headaches later. A Tree On A Neighboring Property Is Impacting On My Property. Are there Any Regulations Concerning Trees Too Close To Property Lines? There are no regulations requiring trees to be set back a certain distance from property lines. This situation is typically a civil matter between the involved parties. How Can I Find Out The Outcome Of A Case That Has Gone To A Hearing? Contact the Code Enforcement Board Secretary at 233-5505. What Do I Do To Meet With Planners In The DRC Section? Contact the DRC secretary at 233-5042 to make an appointment with one of the planners in the DRC section. It is helpful for customers to bring relevant documents if available such as surveys and site plans to the meetings to assist the planner provide the most accurate response to your questions. Also request the petition file and relevant Mylar for the meeting. Files can be requested either by phone at 233-5238 or request forms filled at the file room counter on the 4th floor 100 Australian Ave., of the Airport Hilton Center. What Do I Do Now To Get A Certified Site Plan After The DRC Meeting? The agent needs to work with staff to resolve all outstanding certification issues from each relevant agency by phone or appointment. Phone numbers and contact persons for each agency are listed in the DRC comment letter provided at least 3 days prior to the DRC meeting. The Zoning Division is the coordinator for all the agencies and updates the main file for the project. The Zoning project manager (PM) must be informed of all proposed changes. New documents must be stamped by the Zoning Division for the main file and copies provided to the Zoning PM.. If possible, all certification issues and comments must be addressed prior to the DRC meeting. Follow up for minor issues only is permitted until noon Friday following the DRC meeting. Outstanding certification issues after the deadline will result in an automatic postponement and rescheduling to the next DRC meeting. Postponement fees and fees for revised site plans will be charged with the first one free. If it is anticipated that addressing outstanding issues will take longer than the 2 week DRC meeting time frame, then the petitioner may request a time extension with postponement fees only applying to the number of postponements. The maximum time an item may remain on the agenda is 6 months and then it will be administratively withdrawn. If copies of the site plan are required, customers shall fill out a request form on the DRC meeting date. The request forms are located at the table near the entrance in the DRC conference room. Please be advised that it will take a few days for staff to provide a certified Site Plan and Result Letter. How Do I Get Approval Of An Alternative Landscape Plan (ALP)? When an Alternative Landscape Plan (ALP) is required, the petitioner shall schedule a signature only appointment with one of the planners in the DRC section along with the same DRC meeting for the proposed Final Site Plan, if applicable. Three (3) ALPs along with the a Supplemental Application Form, which is designed specifically to the Alternative Landscape Plan shall be provided to the DRC project manager (PM). The final Site Plan will not be certified if the required Alternative Landscape Plan is not approved. ALP review is coordinated between the DRC and Landscape Section. The DRC reviews the final plan for consistency while the Landscape section reviews the plan for compliance with the intent of the landscape code. Staff encourages the applicant to coordinate a meeting with the Landscape section to review the request, prior to submittal to the DRC. The initial meeting will assist staff and the applicant to identify the issues and discuss what the final alternative landscape plan should include as far as notations and graphics. To schedule a signature only appointment, please call the DRC secretary at 233-5042. To make an appointment with the Landscape Section, please call 233-5037. CONTRACTOR LICENSING How Do I Get An Application For A Contractor License? Come to our office at 100 Australian Avenue, Room 317. We are located in the Airport Hilton complex at the North West corner of I-95 and Southern Blvd. You may also send a request stating classification required and a self-addressed, stamped envelope (#10 size or larger) with the applicable postage to:
How Long Does The Licensing Process Take? Approximately 60 days depending on the completeness of your application, meeting submittal deadlines, and how prepared you are for the test. What Are The Differences Between A State Contractors License And A County Contractors License? There are many similarities and some differences. In general, the most common are:
Is The Contractor I'm Considering Licensed And Insured? Individuals/companies can be looked up on our computer system by our staff, or by the customer with internet access on our website www.pbcgov.com/pzb/ and/or the Department of Business and Professional Regulation's site www.state.fl.us/dbpr, select license search menu. Does The Contractor Have Any Complaints Filed In Your Office? Contractors staff will confirm whether or not there is this type of file activity, but the customer must appear in person to review the file for specifics. What Will Be Done If I Make A Complaint? The complaint is investigated, and if found to be valid, depending on the circumstances, a citation could be issued, or the Construction Industry Licensing Board of Palm Beach County has the authority to discipline the contractor by probation, suspension or revocation of the county contractor's license, including a fine and or an order of restitution to the injured party. Those with complaints against a state license holder are generally directed to contact the Florida Construction Industry Licensing Board at (904) 727-3684. What Happens After A Complaint Is Filed Against A Contractor? The complainant will be contacted concerning the result of the investigation. What Are The Setbacks For Zero-Lot Line Homes? What Are The Setbacks For A Swimming Pool? What Are The Setbacks For Screen Enclosures? Please refer to Unified Land Development Code, Section 6.6 for information regarding setbacks. Call the Zoner on Call at (561) 233-5200 or email the Zoner-on-Call. What Are The Setbacks For A Fence? Can I Build My Fence In The Easement? Fences may be permitted within the setbacks subject to Section 6.6 of the Unified Land Development code. Fences may be constructed in easements subject to "easement releases" by the easement holders, i.e. cable company. Call the Zoner on Call at (561) 233-5200 or email the Zoner-on-Call. What Is The Property Control Number (PCN)? The property control number is the unique identifier which describes the location of your property. It is also known as the tax folio number or tax id number. This number is used by County staff to track location such as zoning, approvals, etc on each parcel of land in Palm Beach County. The PCN can be found on your property tax bill. How Long Does The Development Review Committee (Site Plan Approval) Process Take? The Development Review Committee (DRC) process takes a minimum of six (6) weeks. Applications may be submitted on the first and third Wednesdays of the month and the DRC meets to consider applications on the second and fourth Wednesdays of the month. Applications submitted on the first Wednesday are heard the second Wednesday of the following month. Applications submitted on the third Wednesday are heard the fourth Wednesday of the following month. For more information, go to Development Review Committee (full review). How Long Does The Rezoning Process Take? The rezoning process, conditional use review process and planned development review process take a minimum of four and a half (4˝ ) months. Applications are submitted on the third Wednesday of the month and are heard by the DRC on the fourth Wednesday of the following month. Applications certified by the DRC, are advertised the next month, and are heard by the Zoning Commission the first Thursday and the Board of County Commissioners the fourth Thursday of the following month. How Much Parking Do I Need? The number of parking spaces depends on the particular use and square footage approved onsite. Consult Table 7.2-1 for more information. You may also call the Zoner on Call at (561) 233-5200 or email the Zoner-on-Call. What Zoning Do I Need To Do "X"? What Zoning District Is "X" In? Consult the Unified Land Development Code, Article 6, Table 6.4-2 to determine what zoning district(s) the particular use is permitted in. You may also call the Zoner on Call at (561) 233-5200 or email the Zoner-on-Call. Is .... Allowed On This Property? Can I Open This Business On This Property? What Is The Zoning Of My Property? What Can I Use This Property For? To answer these questions, you need to know either the location of the property, the property control number, or the legal description of the property. Staff uses these identifiers to find your property in the REDI book (which has subdivision names and PCNs) and then locate the property on the zoning map to confirm the zoning district. Please call the Zoner-on-Call at (561) 233-5200 or email the Zoner-on-Call to determine your zoning district. If you have the PCN or know where the property is, you can click here to view the location key map which will tell you what zoning quad sheet your property is on. Once you know the zoning quad sheet, you can find the property and determine the zoning district. Once the zoning of the property is known, consult the Unified Land Development Code, Section 6.2 or Zoning Division staff to determine what uses are permitted in the zoning district. What Is The Property Approved For? Once the location of the property is established, (need the property control number (PCN) and or the legal description of the property) , access to the zoning map to confirm the zoning petition number and or the zoning resolution number is needed. Once this is confirmed, access to the site plans and or the resolutions is needed to glean the relevant approvals. Where Are The Approved Sites For Particular Types Of Developments, Such As Gas Stations, Nursing Homes, Storage Facilities, Etc.? What Is Occurring At The Following Intersection? At this time, the only way to research this type of request is to manually read through the monthly log of zoning applications filed and look for the particular type of use in question and note the petition number of the request and then check the site plan file rack for an approved site plan. The ideal means of conducting this search would be to have a database of zoning approvals where the field for approved use(s) contains a uniform numeric code that is assigned for each use in the zoning use table. How Do I Get An Business Receipt Tax? Business Receipt Taxes are process by the Tax Collector’s Office. Sign-offs from multiple agencies including the Zoning Division are required. Zoning sign-off can be obtained at the PZB Building, 100 Australian Avenue, West Palm Beach, (561) 233-5200. Do I Need An Appointment To Submit My Application? Development Review Committee (site plan review) and applications requiring a public hearing are only accepted on designated intake days. Consult the Zoning Calendar for intake dates. All other applications require an appointment, call the Zoning Division at (561) 233-5200 to make at appointment. How Many Units Are Permitted On This Property? Contact the Planning Division Planner-on-Call at (561) 233-5300 to determine how many units are permitted on a particular property. Please have the property control number ready. What Is Concurrency? Concurrency is a growth management tool used to ensure that adequate public facilities are available concurrent with development. How Do I Schedule A Building Inspection? Call the Building Inspection Section at (561) 233-5180. How Do I Order A Petition File? Contact the Zoning Division File Room at (561) 233-5242 or (561) 233-5039. How Do I Get A Copy Of My House Plans? Contact the Records Section at (561) 233-5160. ZONING CONFIRMATION LETTERS What is a Zoning Confirmation (ZC) Letter? A ZC letter is a written response issued by the Zoning Division to make a determination of, or clarify a ULDC code requirement. How Long Does It Take And What Is The Fee? Depending on the request, the response may take up to 15 working days and cost $35.00. Additional research may be necessary and is billed at a cost of $35.00 per hour. You will be notified if additional fees are required. What Type Of Questions Can Be Answered? Typical questions that can be answered in writing are: what is the Zoning & Land Use, permitted uses allowed , questions on setbacks, what uses require zoning approval in certain zoning districts, whether or not there are any Code Enforcement violations on the site, whether or not the existing or proposed use is conforming, If the existing use has any prior Zoning Approvals or a site plan (if one exists) and clarification of ULDC provisions. I Have Been Operating My Business For Many Years And Cannot Obtain An Business Receipt Tax Because I Am Told The Type Of Company I Operate Is Not Allowed In The Zoning District Where I Am Located. What Should I Do? If you meet the requirements, you may be vested (grandfathered) at the location. A checklist of documents is available with the zoning confirmation application. If evidence is provided, verified and approved, you may be vested for certain uses as a major or minor nonconforming use. ZONING BOARD of ADJUSTMENT What Is A Variance? A variance is a deviation from a code requirement. Can I Apply Or Do I Need An Agent? If you have the time and patience Staff will help you as much as possible by explaining where to go and what to do when you get there. Only you can determine how much effort you are willing to expend. How Long Does It Take To Get Approved? It takes approximately 5 weeks from the day the applicant submits (first Tuesday of the month) until the Hearing (third Thursday of the following month). The submitted files are logged, and reviewed for completeness. The certified envelopes are checked to ensure they were correctly prepared. The files are entered into our computer program for tracking and processing. Files are labeled and prepared for the project manager, parent files are attached, copies of necessary information are distributed to other PBC agencies, and exhibits are scanned to be placed in the project managers report. A staff workshop takes place to review new petitions and discuss the facts of the project manager's research. Site visits may be made. The project manager is then ready to prepare a staff report from a standard format that addresses the 7 criteria, the findings of fact and staff's recommendation. How Do I Proceed To Get A Variance? A variance may be issued if the applicant meets the seven (7) criteria of Section 5.7.F and can prove that he will endure a hardship if the literal interpretation of the ULDC is enforced. The hardship may not be self-created, and if the area of variance request can be redesigned so that a variance will not be required, a variance cannot be approved. Make an appointment with a staff member for a pre-submittal meeting to receive an application and step by step instruction. Are All Variances Approved By The Board? If Denied, What Is The Next Step? No, each variance is reviewed on its' own merits. If it is denied, the applicant may appeal within 30 days of the decision by filing a petition for Writ of Certiorari in Circuit Court of the Fifteenth Judicial Circuit in and for PBC, Florida. What Are The Fees? If Denied, Do I Get A Refund? A single family or two family dwelling variance request is $250 for one variance and $25 for an additional request. A multifamily dwelling, more than one single family unit, or commercial units is $600 for one variance and $50 for an additional request. The legal ad fee is $59, and research for liens and fines is $25 for each property control number on the property affected. Fees are non-refundable once the request has gone to hearing or has been forwarded for advertising. Why Do My Neighbors Within 300 Feet Have To Be Notified That I Am Applying For A Variance? The County requires the persons who will be most impacted by the request to be notified so that they may voice their opinion either by phone, mail or at the hearing. How Do I Vest The Variance? If I Do Not Construct Within One Year, Do I Loose The Approval? Starting construction vests the variance. If you do not start construction you are required to apply for a time extension at least 30 days prior to the anniversary date or loose the variance. The Board May Impose Conditions On My Variance Approval, What If I Cannot Meet The Established Due Date In The Conditions? Again, you are required to apply for a time extension at least 30 days prior to the date the condition is due to be completed or you will loose the variance. The Time Extension fee is $150. CONCURRENCY What Is Concurrency? Concurrency is a growth management tool mandated by Section 163 of the Florida Statutes known as the "Growth Management Act". The purpose of concurrency is to ensure that the infrastructure required for a development is in place and reserved concurrent with the impact of that development on the public facilities. This infrastructure includes roads, sanitary sewer, solid waste, drainage, potable water, parks and recreation, fire-rescue and mass transit. Should I Be Filing For A Concurrency Reservation Or An Adequate Public Facilities Determination (APF)? It is the prerogative of the property owner to decide which to pursue. For preliminary development orders, a Concurrency Reservation or an APF is required. For final development orders, a Concurrency Reservation is required. An APF is only valid for 6 months and does not reserve capacity – it must be converted to a Concurrency Reservation within 6 months or it expires. Once A Concurrency Approval Is Obtained, For How Long Is It Valid? Answer: An APF is valid for a period of 6 months and the expiration date is specified on the certificate. A Concurrency Reservation is initially valid for 1 year. If it is tied to a final development order, it is valid for the life of the development order. How Long Is The Concurrency Reservation / APF Review Process? The Adequate Public Facility Ordinance allows for a review period of 35 working days for the review process. At the end of that period, if one or more of the service providers does not approve the application, the applicant may request an additional 90 day negotiation period (90 calendar days) to resolve these differences. This review period consists of:
Can This Review Period Be Extended? If the agent requests an extension prior to the expiration of the 90 day negotiation period, the Zoning Director can authorize one extension of up to 30 calendar days if it is determined that a government delay caused the failure of the review to be completed within the negotiation period. No other extension of time may be provided. If I Sell My Property, Is The Concurrency Reservation Still Valid For The Property? Yes. Concurrency Reservation approval is for the proposed development on the specified property and is valid for the stated time period, regardless of ownership. Do I Need Any Type Of Concurrency Approval In Order To Sell My Property? No. The Adequate Public Facilities Ordinance (Concurrency) does not mandate a concurrency finding in order to sell property. Business Receipt Taxes Home Occupations Can I Have A Business In My Home? Yes. The home occupation shall be conducted by a family member residing in the dwelling unit. You may have 1 employee that is not a family member, and office space (such as; desk, phone, fax, computer, files) in the home as an accessory use pursuant to Article 6, Section 6.4.D.50 of the ULDC. No business transactions are permitted on the property, the applicant must go to the customer. One business vehicle may be parked on the property if it fits the description in 6.4.D.50. Firearms dealers or gunsmiths are NOT permitted as home occupations. State regulations Require the place of business to be open to the public, and County regulations do not permit the home to be open to the public. An Business Receipt Tax will not be issued with a Post Office Box address. The license must be prominently displayed at the place of business. General Business I Have A Business (or Starting A Business) Located In The Unincorporated County. What Do I Need To Do? Fill out the Business Receipt Tax form, which can be obtained at the Tax Collector's Office or in the Zoning Division Lobby. The On-Call Planner in the Zoning Division will review the request and verify the zoning for the location. If the business meets the location criteria (for the use), the Planner will sign off on the form. You can then pay $35.00 at the Cashiers booth on the first floor. You will need two (2) inspections at the location. Once the Inspectors have signed off on the form, return to the Tax Collectors office to receive the business license. My Business Is Located In The City Of (Wellington, Boca, WPB, etc.) I Am Told That Since I Do Business In The Unincorporated County, I Need To Obtain A PBC Occupation License. What Do I Need To Do? Take your current Municipal Business Receipt Tax or the County application (must be signed by the City) to the 3rd floor at Government Center, 301 S. Olive. They will review or issue the County License. Vendors License What Are The Differences In Vendors Licenses?
SPECIAL PERMITS What is a Special Permit ? A Special Permit is a permit to allow a special event, an accessory dwelling a mobile home on your property, a security caretaker quarters, grooms quarters, temp sales such as a hot dog or taco stand and a stand for the sale of agricultural products. Do I Need A Permit For A Grand Opening? Yes. A grand opening allows temporary banners to be placed in the window or on the face of the building. You may have a open house type of party, serving foods and drink. The permit allows 10 days in duration. I Want To Build A New House And Want To Live In A Mobile Home On My Property While I Build. Is This Allowed? Yes. You must apply for a building permit for the new house first. You then submit an application for the mobile home to the Zoning Division. The special permit will allow you to place the mobile home on your property for up to two (2) years. After the first year, you must renew the special permit. My Church/Company Wants To Have A Special Event With Live Music And A Tent. Or, I Want To Have A Sales Of Clothes And Mark-Downs In The Parking Lot In Front Of Our Store. Or, I Want To Sell Christmas Trees Or Sparklers On A Piece Of Property For The Holidays. Is This Allowed? Yes. You must first apply for a Special Permit, specifying exactly what you are doing. The checklist on the application will specify the duration you are allowed. If a tent is used, you must have a tent inspection by the Fire Marshall before opening. Other permits require an inspection from Code Enforcement. The Special Permit must be issued prior to the event. Do I Need An Business Receipt Tax To Sell Hot Dogs Or Sell Christmas Trees/Sparklers If I Obtain A Special Permit? Yes. A PBC Business Receipt Tax will be required for any special uses. The Tax Collector issues them and the forms are in the lobby in the Zoning Division. After I Get My Special Permit, What Do I Do? You need to pass any inspections required as a condition of the special permit. Once the inspections have passed, you may start setting up for the special event, install your tent, place the mobile home on the site, or start construction if a building permit is required prior to the special permit. If you are having a special event, you must obtain a building permit for temporary (electrical) power poles or structures. Can I Open My Stand/Special Event/Hot Dog Cart Or Start Construction Before I Obtain A Special Permit? No. You must first receive your building permits if using a mobile home. All Special Permits require some type of inspection or Business Receipt Tax. These must be obtained or completed before you open for business or start construction. How Much Will My Permit Cost And How Long Is It Good For? Each Special Permit has is valid for a certain length of time which is listed on the Special Permit Application. Likewise, each permit has a different fee which will be given to you by the Special Permit Planner. How Do I Apply For A Special Permit? Applications for a Special Permit are accepted on Wednesday from 8 a.m. to 12 p.m. You must sign in at the Zoning Reception desk, and applications are accepted on a first come first served basis. All required documentation must be submitted or the application will not be taken in until the following week. ADMINISTRATIVE VARIANCES What Is An Administrative Variance (AdmVar)? An AdmVar is a variance that can be issued for a structural encroachment and preservation of native vegetation. They are usually issued for a mistake made in the field, for example: carpenters may measure from a (estimated) point between the two surveyor stakes to set the forms up. This is the most common cause. How Can I Qualify? To qualify for a AdmVar, you must be within 5% of the required setback for the zoning district where the structure is located. I Have Started To Construct The Structure And The Inspector Failed An Inspection Because He Says I Am Encroaching The Setback. What Can I Do? You must have a recent survey and bring it to the Zoning Division for a Planner to determine the extend of the encroachment. If you are 5% or less into the setback, you may apply. If you are more than 5%, you must apply to the Board of Adjustment for a variance. What Do I Need To Do And How Long Will It Take? The required documents are outlined on the Administrative Variance checklist attached to the application. Once the application is complete and submitted, the permit can be issued within 10 days Can I Continue Building My House Before The AdmVar Is Issued? In most cases no. However, in situations where safety or the public welfare is at stake, you may continue work on the structure to ensure safe site conditions, however, any work that is in the affected area should not be done. How Much Does It Cost For an Administrative Variance? Answer: The cost is $200.00. |
