Article 1
GENERAL PROVISIONS

CHAPTER A     AUTHORITY

Section 1         General

A.   Title and Citation

This Code shall be known as the "Palm Beach County Unified Land Development Code" and may be referred to herein as the "Code."

1.   Amendments

Any reference to this Code, a statute, ordinance, a resolution, or common law cited herein shall include any amendment thereto.

B.   Authority

The Board of County Commissioners (BCC) has the authority to adopt this Code pursuant to Art. VIII, § 1(g), Fla. Const., the PBC Charter, F.S. § 125.01, F.S. § 163.3161, and such other authority and provisions that are established by statute, administrative rule, or common law in the State of Florida. [Ord. 2019-005]

C.   Intent

1.   Implementation of the Plan

It is the intent of the BCC that this Code implement and ensure that all Development Orders approved in unincorporated Palm Beach County (PBC) are consistent with the Comprehensive Plan and its managed growth systems.

2.   Consistent Regulations

It is the intent of the BCC that this Code establish comprehensive and consistent standards and procedures for the review and approval of all proposed development of land in unincorporated PBC.

3.   Efficient and Effective Regulations

It is the further purpose of the BCC that the development review, approval, and permitting process established by this Code be efficient, in terms of time and expense; effective, in terms of addressing the natural resource and public facility implications of proposed development; and, equitable, in terms of consistency with established regulations and procedures, respect for the rights of Property Owners, and consideration of the interests of the citizens of PBC.

4.   Preserve and Enhance

This Code is adopted to encourage the most appropriate use of land, water, and natural resources; prevent the overcrowding of land and avoid undue concentration of population; facilitate the adequate and efficient provision of transportation, water, sewage, drainage, solid waste, parks, schools, fire, and police facilities; conserve, develop, utilize, and protect natural resources; protect human, environmental, social, and economic resources; and, maintain, through orderly growth and development, the community character and stability of present and future land uses and development in PBC.

D.   Building Permits, Certificates of Occupancy (CO), and Use

1.   Issuance

No Building Permit shall be issued for any structure on any lot created by a subdivision of land until such lot is shown on a plat of record or certified survey recorded in the manner prescribed in this Article, except as provided below.

a.   Exceptions

Temporary structures, permanent structures having a temporary use, and ancillary structures such as fences, buffer walls, and guardhouses may receive a Building Permit prior to recordation of the Final Plat for the property only when the use and location have been approved by the DRO and shown on the approved Final Subdivision Plan. Such approval, however, shall not in any way relieve the Property Owner from the obligation to correct any and all nonconforming setbacks, separations, or encroachments due to inconsistencies between the location of said structures and lot, street, or easement boundaries as established by the applicable record plat.

b.   Revocation

PZB may revoke a Building Permit or CO in those cases where an administrative determination has been duly made in which false statements or misrepresentations resulted as to material fact(s) in the application or plans upon which the permit or approval was based.

c.   Suspension

PZB may suspend a Building Permit or CO or use where an administrative determination has been duly made in which an error or omission on either the part of the permit Applicant or government agency resulted in the issuance of the permit or certificate approval. A valid permit or certificate shall be issued in place of the incorrect permit or certificate after correction of the error or omission.

Section 2         Applicability

The provisions of this Code shall apply to the development of all land in unincorporated PBC, unless stated otherwise. No development shall be undertaken unless authorized by a Development Order. [Ord. 2010-022]

Section 3         Definitions

See Art. 1.H, Definitions and Acronyms.

CHAPTER B     INTERPRETATION OF THE CODE

Section 1         Interpretations

A.   Authority

Interpretations to this Code and the Official Zoning Map shall be made by the Executive Director of PZB or designee with the following exceptions: [Ord. 2011-016]

1.   The Director of Parks and Recreation shall have the authority to interpret Art. 5.D, Parks and Recreation - Rules and Recreation Standards; [Ord. 2011-016]

2.   The Executive Director of Palm Tran shall have the authority to make interpretations of Art. 5.H, Mass Transit Standards; [Ord. 2011-016]

3.   The County Engineer shall have the authority to make all interpretations of Art. 4.B.10.B.7.a.10), Hauling Standards; Art. 4.B.10.B.7.b.2)c), Drainage; Art. 4.B.10.C.5.g.5), Haul Agreement; Art. 6.B.3.A.2.a.3), Driveways and Access; Art. 11, Subdivision, Platting, and Required Improvements; and, Art. 12, Traffic Performance Standards; [Ord. 2011-016] [Ord. 2017-007]

4.   The Impact Fee Coordinator shall have the authority to make all interpretations of Art. 13, Impact Fees; [Ord. 2011-016]

5.   The Director of ERM shall have the authority to make all interpretations of Art. 14, Environmental Standards and to interpret the following parts of Art. 4.B.10, Excavation Uses in consultation with the Executive Director of PZB or designee as appropriate: Art. 4.B.10.B.4.b.8), WCAA Canals; Art. 4.B.10.B.4.b.9), Mitigation Projects; Art. 4.B.10.B.4.b.10), Wetlands; Art. 4.B.10.B.4.b.13), Canals of Conveyance; Art. 4.B.10.B.7.c.1)a)(2), Littoral Planting; Art. 4.B.10.B.7.c.3), Littoral Planting Reclamation Standards; Art. 4.B.10.B.7.c.5), Area of Record; Art. 4.B.10.B.7.d.5)b), Excavated Area; Art. 4.B.10.B.7.d.5)c), Littoral Zones; Art. 4.B.10.B.7.d.6)b), Excavated Area and Litoral Zones; Art. 4.B.10.B.7.d.7)a), Excavated Areas for Type 3 Excavation; Art. 4.B.10.B.7.e, Maintenance and Monitoring; Art. 4.B.10.B.8.a, Administrative Waiver from Construction Criteria for Agricultural, WCAA, Type 2, and Type 3 Excavations; Art. 4.B.10.B.8.b.1), Violations; Art. 4.B.10.B.8.f, Use of Collected Monies; Art. 4.B.10.C.1.h, Art. 4.B.10.C.1.i.6), and Art. 4.B.10.C.5.g.6), Notice of Intent to Construct; Art. 4.B.10.C.1.c, Maximum Depth; Art. 4.B.10.C.4.e, Depth; and, Art. 4.B.10.C.5.e, Depth; [Ord. 2011-016] [Ord. 2017-007]

6.   The County Health Department Director shall have the authority to make all interpretations of Art. 15, Health Regulations; [Ord. 2011-016]

7.   The PBC Airport Director shall have the authority to interpret Art. 16, Airport Regulations; [Ord. 2011-016]

8.   The Flood Damage Prevention Administrator shall have the authority to interpret Art. 18, Flood Damage Prevention; [Ord. 2011-016]

9.   The County Administrator or designee shall have the authority to interpret Art. 5.I, Murals; and, [Ord. 2013-021]

10. The Executive Director of PZB or designee shall have the authority to make interpretations of the following provisions found in Art. 4.B.10, Excavation Uses in consultation with the Director of ERM and the County Engineer as appropriate: Art. 4.B.10.B.4.a, Prohibitions; Art. 4.B.10.B.4.b.12), De Minimis Impact; Art. 4.B.10.B.4.b.14), Excavation by Public Agencies; Art. 4.B.10.B.6.e, Written Approval; Art. 4.B.10.B.7.b.2), Slopes except for Art. 4.B.10.B.7.b.2)c), Drainage; Art. 4.B.10.B.7.d.1), General; Art. 4.B.10.B.7.d.2), Guarantees Required; Art. 4.B.10.B.7.d.4), Form of Guarantee; Art. 4.B.10.B.7.d.6), Submittal and Approval of Guarantee; Art. 4.B.10.B.7.d.7), Duration and Release; Art. 4.B.10.B.7.d.8), PBC Use of Guarantee; and, Art. 4.B.10.B.8.c, Enforcement. [Ord. 2017-007]

B.   Appeal

An appeal to contest an interpretation of this Code may be filed pursuant to Art. 2.A.14, Appeal. [Ord. 2011-016]

Section 2         Assistance by Staff

Except as specifically set forth in Art. 1.B.1, Interpretations, any assistance given or representation made by a PBC employee during consultation shall not constitute the approval of the Department, shall not bind the staff, the Department, the Division, the Executive Director, or the BCC, and shall not relieve any person of any requirements of this Code or other applicable provisions of federal, state law, or local ordinances. If there exists a conflict between any staff representation and the laws, rules, codes, or ordinances, such laws, rules, codes, or ordinances shall prevail to the extent allowed by law.

CHAPTER C     RULES OF CONSTRUCTION AND MEASUREMENT

Section 1         Rules of Construction

The rules set out in this Section shall be used to enforce and apply this Code, unless such rules are inconsistent with the Plan. References to Florida Statutes (F.S.) and the Florida Administrative Code (F.A.C.) refer to citations published in 2003 as may be amended.

A.   General

1.   Rules and Definitions

The rules and definitions set out in this Section shall not be applied to any express provision, which are specifically excluded. This Code shall be liberally construed in order that the intent of the Plan may be fully carried out. In cases of conflict, the Plan shall prevail to the extent of the conflict. Terms used in this Code, unless otherwise stated, shall have the meanings prescribed by the statutes of the State of Florida for the same terms.

2.   Interpretation and Application

The interpretation and application of any provision in this Code shall be the minimum required to promote the public health, safety, comfort, convenience, and general welfare. Where interpretation and application of any provision in this Code imposes greater restrictions upon the subject matter than a general provision imposed by the Plan or other provision in this Code, the provision imposing the greater restriction shall control.

a.   Affected Area - Use of the term "affected area" shall refer to that portion of a project which is the subject of a Development Permit, Development Order, or a modification, including all aspects and peripheral areas.

b.   And - All cases apply.

c.   Building or Structure - Use of terms "building" or "structure" shall refer to the classification of the subject building or structure in the Florida Building Code.

d.   Common Words and Punctuation - Common words, phrases and punctuation shall be construed and understood according to the common and approved use of the English language. Common words shall have the meaning assigned to them in the latest edition of an English dictionary unless otherwise defined in this Code.

e.   Computation of Time - The time within which an act is to be completed shall be computed by excluding the first day and including the last day; if the last day is a Saturday, Sunday, or legal holiday recognized by PBC, that day shall also be excluded.

f.    Day - A working weekday unless otherwise stated or used in reference to a violation. Violations shall be calculated on calendar days.

g.   Delegation of Authority - If the head of a Department, Division, or other PBC Official or employee is required to do some act or perform some duty, it shall be construed to authorize the head of the Department, Division, or other official or employee to designate, delegate, and authorize professional-level subordinates to perform the required act or duty on their behalf, unless the terms of the Provision or Section specify otherwise.

h.   Gender - Words implying the masculine gender shall be construed to include the feminine and neuter genders.

i.    Headings - Headings of Articles, Chapters, Sections, and Subsections shall not be construed as the sole meaning or intent of the underlying regulation or standards.

j.    Include/Such As - Use of the word "include," "includes," or "including" or terms “such as” shall not limit a term to the specified examples, but shall extend its meaning to all other instances or circumstances of like kind or character.

k.   May - Permissive.

l.    Month - A calendar month.

m.  Must - Mandatory

n.   Number - A word importing the singular number only may extend and be applied to several persons or things as well as to one person or thing. The use of a plural number shall be deemed to include any single person or thing.

o.   Or - Either or both cases apply

p.   Prohibited - Shall mean not allowed and precludes variance relief. [Ord. 2010-022] [Ord. 2014-001]

q.   Project - Use of the term "project" shall refer to the entire development referenced or implied in the regulation, standard or definition.

r.    Rounding of Fractions - Rounding may be permitted for itemized requirements such as minimum parking spaces, trees, shrubs, or other similar required by this Code, as well as linear or area dimensions, except that PDRs for minimum lot dimensions may only be rounded for legal lots of record, and rounding shall not apply to density. Rounding shall not be permitted for any build-to-lines, maximum height limitations, or any measurement used to calculate a number. The results of calculations containing a fraction of 0.5 or greater, shall be rounded up to the nearest whole number; and, a fraction of less than 0.5 shall be rounded down to the nearest whole number. [Ord. 2017-025]

s.   References - Reference to the F.S., the F.A.C., and the Code of Federal Regulations refer to citations published in 2003 as may be amended.

t.    Shall - Mandatory.

u.   Technical Words and Undefined Terms - Technical words and undefined terms, phrases, terms of art, vernacular, and the use of words which have acquired a peculiar and appropriate meaning and which are not defined in this Code shall be construed and understood according to such meaning.

v.   Tense - Words used in the past or present tense shall also include the future tense and conversely.

w.   Terms Found in the Plan - Terms not found in this Code, but found in the Plan, shall have the meaning given in the Plan.

x.   Text - In case of any difference of meaning between the text of this Code and any figure, graphic, or table, the text shall control.

y.   Week - Seven-calendar days.

z.   Weekend - Friday, Saturday, and Sunday. [Ord. 2012-027]

zz.  Written - Any representation of words, letters, or figures whether by printing or other form of writing.

zzz. Year - A calendar year, unless otherwise indicated.

Section 2         District Boundaries

In case of uncertainty, the PZB Executive Director shall interpret the intent of the Official Zoning Map to determine the location of boundaries. Where uncertainty exists concerning the boundary of a district on the Official Zoning Map, the following rules shall apply. [Ord. 2011-016]

A.   Bisecting Lines

Where boundaries approximately bisect blocks, the boundaries shall be the median line of such blocks, or the centerline of the street that forms a boundary.

B.   Centerlines

Boundaries indicated as approximately following the centerlines of streets, alleys, or highways shall be construed as following such centerlines.

C.   Excluded Areas

Where parcels of land or water areas have been inadvertently excluded from a district, said parcels shall be given an Agricultural Residential (AR) classification.

D.   Lot, Section, and Tract Lines

Boundaries indicated as approximately following platted lot lines, section, or tract lines shall be construed as following such lines.

E.   Parallel Lines

1.   Lots with Frontage on Highway, Alley, or Railroad R-O-W

Where boundaries are approximately parallel to a street, highway, alley, or railroad R-O-W, the distance of such boundaries from the property line of such shall be, one existing lot depth unless otherwise shown by dimensions on the Official Zoning Map.

2.   On Parallel Lots, Acreage, or Tracts

The distance of such boundaries from the property line to the nearest lot line shall be between lots to conform to adjacent district lines or approximately 150 feet.

F.   Political Boundaries

Boundaries indicated as approximately following political boundaries shall be construed as following such political boundaries.

G.  Railroad Lines

Boundaries indicated as following railroad lines shall be construed as following centerline of the railroad R-O-W.

H.   Shorelines

Boundaries indicated as approximately following shorelines shall be construed as following such shorelines. In the event of a change in the shoreline, boundaries shall be construed as moving with the actual shoreline. Boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such centerlines.

Section 3         Special Provisions for Lots Divided by District

A lot in its existing configuration as of the effective date of this Code, located in two or more zoning districts not as a result of actions by the Property Owner, shall apply the following:

A.   Use Regulations

If more than 50 percent of the lot area is located in one district, the use regulations applicable to the district containing the majority lot area shall apply to the entire lot, if consistent with the Plan.

B.   Property Development Regulations (PDRs)

If more than 50 percent of the gross lot area is located in one district, the PDRs applicable to the district containing the majority lot area shall apply to the entire lot.

Section 4         Measurement

Distance requirements between a proposed use and another use shall require the spatial separation to be measured between the proposed and the other use within the unincorporated PBC and, if applicable, other jurisdictions, including municipalities and other counties. If a conflict exists between this Section and another Section, the definition in Art. 1.H, Definitions and Acronyms, shall apply.

A.   Depth

From the lowest point of an excavated area to the ordinary high water mark.

 

 

B.   Distance

By drawing a straight line from a site element, use, or structure to:

1.   The intersection of two centerlines;

2.   Another site element, such as parking; or,

3.   A specific distance, such as 1,320 feet.

 

 

 

C.   Height

From finished grade to highest point or peak of roof.

1.   Building Height

Refer to definitions of building height in Art. 1.H, Definitions and Acronyms.

 

 

2.   Fence/Wall Height

Refer to Art. 5.B.1.A.2.a, Height Measurement.

 

 

3.   Hedge Height

Refer to Art. 7.D.4.A, Hedges.

 

 

4.   Berm Height

Refer to Art. 7.D.6.C, Height Measurement, and Figure 7.D.6, Berm Elevation and Drainage Requirements. [Ord. 2005-002]

D.   On Center

By drawing a straight line between.

1.   Individual trees or shrubs (centerline to centerline); or

2.   Tree clusters, or shrub clusters (centerline to centerline).

 

 

E.   Separation from a Structure

By drawing a straight line from the closest point on the perimeter of the exterior wall, structure or bay to another structure, the property line, or a well or septic.

 

 

F.   Separation from a Property Line

By drawing a straight line from the closest point on the perimeter of the exterior wall, structure or bay to the base building line, the R-O-W line, the edge of the water, or the property line.

 

 

G.  Separation from a Zoning District or FLU Designation

When adjacent parcels, located in different zoning districts or FLU designations, and are separated by a R-O-W, the required separation distance shall be measured by drawing a straight line from the closest point of the applicable structure to the closest point of the adjacent property line across the R-O-W. [Ord. 2018-002]

 

 

H.   Sound

In decibels as defined in the specific Article and measures for impact from the adjacent property line.

I.    Gasoline Pumps

For the purposes of Art. 1.F, Nonconformities and Art. 4.B, Use Classification, any fraction of the number of pumps shall be rounded upward to the nearest whole number for one-half or more of a whole pump, and downward if it is less than one-half of a whole pump. [Ord. 2010-005]

J.   Surface Area

A polygon drawn tangent to the extremities of a vertical or horizontal plane and calculated to provide total acreage or square footage.

 

K.   R-O-W, Improved

By drawing a straight line between a site element, use or structure to the ultimate R-O-W.

 

 

L.   Building Transparency

For the purpose of determining a building’s transparency requirement, the following calculation shall be utilized: the height of the first story of the building, a minimum height of 12 feet above finished grade, multiplied by the length of the façade and the applicable transparency percentage. The window or glass door openings including frames and mullions shall be allowed to be included in the calculation. [Ord. 2010-022]

M.  R-O-W, Unimproved

By drawing a straight line between a site element, use or structure to the base building line.

Section 5         Density, Intensity, and Building Coverage

That portion of a property conveyed or dedicated for public right-of-way without compensation may be subsequently included with the subject property for the purpose of density, intensity, or building coverage calculations. [Ord. 2009-040] [Ord. 2010-005]

CHAPTER D     IMPLEMENTATION

Section 1         Minimum Requirements

The provisions of this Code are the minimum requirements necessary to accomplish the purposes of this Code and implement and ensure consistency with the Plan.

Section 2         Effective Date

A.   The effective date of this Code is January 1, 2004.

B.   Applications submitted after the effective date of this Code shall be reviewed in accordance with the standards and procedures in this Code.

CHAPTER E     PRIOR APPROVALS

Section 1         General

A.   Purpose and Intent

This Section establishes the review and approval procedures for: Development Orders or Permits approved prior to the effective date of this Code and their vested status, nonconforming site elements of a prior approval, and establish extent of vested status of the limits of affected area of modifications. [Ord. 2010-005]

B.   Prior Approvals

All Development Orders, permits, enforcement orders, ongoing enforcement actions, and all other actions of the BCC, the ZC, the DRO, Enforcement Boards, all other PBC decision making and advisory boards, Special Masters, Hearing Officers, and all other PBC Officials, issued pursuant to the procedures established by prior PBC land development regulations, shall remain in full force and effect. The uses, site design, intensity, density, and tabular data shown on a Development Permit that was approved in accordance with a prior Ordinance, shall not be subject to the requirements of this Code for any information clearly shown. This information may be carried forward onto subsequent plans if necessary to implement the previously approved plan. [Ord. 2010-005] [Ord. 2010-022]

1.   Prior Variances, Exemptions, or Waivers

Previously approved variances, exemptions, or waivers from property development regulations and standards no longer required by this Code shall remain in effect until superseded, modified, abandoned, voided, or revoked by the authority which granted the original approval. Such prior approvals may only be used in their entirety, as originally approved, and may not be amended or modified. [Ord. 2010-005]

C.   Modification of Prior Approvals

A Development Order or Permit, which was approved under prior Code provisions, shall comply with the current review process for any modifications and the following: [Ord. 2010-005] [Ord. 2016-042]

1.   Determination of Extent of Vested Status in the Area of Modification

The proposed modification shall comply with the current Code to the greatest extent possible in the affected area, which also includes the determination of whether the prior approval has nonconformities. A prior approval may be subject to Rezoning in accordance with the requirements of Art. 3.A.3, Zoning District Consistency with the Future Land Use Atlas (FLUA). [Ord. 2010-005] [Ord. 2011-016]

2.   Modification to a Prior Approval with Nonconformities

Proposed modifications may not increase a nonconformity. The Applicant shall identify the extent of the proposed modification on the applicable plan and in the application pursuant to Art. 2.A.6.B, Plan Requirements. The application and plan shall: [Ord. 2010-005]

a.   list all prior Zoning resolutions and prior ULDC Amendment Ordinances to establish a record of any prior vesting claim; [Ord. 2010-005]

b.   delineate on the plan the boundary of the affected area and indicate all proposed modifications; If necessary, the Zoning Director shall render decision on the affected area. [Ord. 2010-005]

c.   identify all nonconformities with prior approved Development Orders, which includes: lot, structure, use, and site elements of the subject property or affected area of the subject property to establish a record of nonconformities in the tabular data of the plan, and notate on the plan these nonconformities, where applicable. [Ord. 2010-005]

d.   all nonconformities outside of the affected area that are clearly shown on a prior Development Order shall be vested. [Ord. 2010-005]

3.   Mobile Home Park Exception

Pursuant to F.S. § 723.041(4), the placement of any size new or used mobile home and appurtenances on a mobile home lot shall be permitted in accordance with the lot sizes, separation and setback distances, and other requirements in effect at the time of the approval of the Development Order for the mobile home park, or any subsequent Development Order Amendment, if applicable. [Ord. 2016-042]

D.   Invalid Approvals

Invalid Development Orders include those which have been revoked, voided, abandoned, or have expired. If a Development Order for a parcel of land is invalid, any future Development Order for that parcel shall be subject to all applicable provisions of this Code. [Ord. 2010-005]

E.   Applications in Process

Development Order application that is found sufficient for review purposes shall be required to meet the Code provisions in effect on the date the application is submitted. The application shall not be required to meet any subsequent Code amendments that may be adopted prior to final approval of the application by the appropriate Board or County Official. [Ord. 2010-005]

CHAPTER F     NONCONFORMITIES

Section 1         General

A.   Purpose and Intent

The purpose and intent of this Chapter is: to establish regulations to address lots, structures, uses and site elements that were lawfully established before this Code was adopted or amended, that now do not conform to the terms and current requirements of this Code; to regulate and limit the continued existence of such nonconformities; and, where possible, bring them into conformance with this Code.

 

In addition, this Chapter addresses projects within the Redevelopment Areas in Art. 3.B, Overlays (IRO, URAO, and WCRAO) where new developments and redevelopments are regulated by form-based design standards. The intent is to provide incentives to encourage infill and redevelopment in these areas, improve the overall quality of the surrounding communities, to address any development restrictions unique to each overlay and to ensure overall compliance with the general intent of non-conformity provisions. [Ord. 2010-005] [Ord. 2010-022]

B.   Applicability

This Chapter applies to nonconforming lots, structures, uses and site elements. In determining whether such nonconformities will be regulated by the provisions of this Chapter, the following shall apply: [Ord. 2010-005]

1.   Nonconforming status shall not be provided for any: lot, structure, use, or site element, which was illegally created, commenced, constructed or unlawfully continued, or commenced after the restrictions, became applicable. [Ord. 2010-005]

2.   Nonconforming status shall only be authorized upon demonstration by the Applicant that a lot, structure, use or site element was created, commenced or constructed, and not merely contemplated, unless permitted by this Code. [Ord. 2010-005]

a.   For a nonconforming use, affidavits alone are not sufficient evidence to establish nonconforming status. The Applicant must demonstrate that the use was in continuous operation during business hours and not an occasional use of the property. The Applicant will be required to submit a Vested Use Recognition Form established by the Zoning Director to confirm the use is vested. [Ord. 2010-005]

3.   An accessory nonconforming use shall not become the principal use. [Ord. 2010-005]

4.   Exemption for All Designated Historic Sites/Structures by the BCC

Limitations for maintenance, renovation and natural disaster damage repair shall not apply to conforming uses for nonconforming structures, site elements or lots that have been granted waivers from all applicable nonconformities by the BCC in accordance with Art. 9.B.4.B, Waiver of the Code Provisions, for historic sites. [Ord. 2010-022]

C.   Improvements to Nonconformities

There are four classifications of improvements that may be made to nonconformities. These include: Expansion, Maintenance, Renovation, and Natural Disaster Damage Repair pursuant to Art. 1.H.2, Definitions. [Ord. 2010-005]

D.   Improvement Value

Improvement Value, as determined by the Palm Beach County Property Appraiser, is utilized to calculate allowable improvements for all types of nonconformities listed in this Chapter. The maximum allowable improvement is based upon the Property Appraiser’s most recent Improvement Value of the structure as follows: 125 percent for non-government structures including structures in the Redevelopment Area or in the Overlays, and 185 percent for government structures. A Property Owner may apply to the Property Appraiser for a re-assessment to obtain the most recent improvement value of the structure. If a new value is established, it shall be forwarded directly to the Zoning Director from the Property Appraiser. [Ord. 2010-005]

E.   Total Value of Improvements

The International Code Council’s Building Valuation Data Table, which provides the “average” construction costs per square foot, shall be used as the sole basis in determining the value of an improvement necessary to perform expansion, maintenance, renovation, or natural disaster damage repair for any type of nonconformity. The table is outlined in the most current building valuation data in the Building Safety Journal, as amended periodically by the International Code Council. As an alternative to the Building Valuation Data table, an Applicant may submit other comparable guidelines adopted by law or accepted in practice by the Building Official. [Ord. 2010-005]

F.   Expansion for Nonconformities

Expansion shall comply with Table 1.F.1.F, Nonconformities - Percentage and Approval Process for Expansion and other applicable Sections of this Chapter. No variance shall be permitted beyond the percentages stated in this Table. [Ord. 2010-005]

 

 

G.  Maximum Improvement to a Nonconformity

The standards, limitations, and approval processes for improvements to nonconformities shall be as follows: [Ord. 2010-005]

1.   Maintenance, Renovation, and Natural Disaster Damage Repair - The total combined value for improvement classifications shall not exceed the allowable maximum percentage of any single improvement classification. The percentage of each improvement classification is pursuant to Table 1.F.1.G, Nonconformities - Percentage and Approval Process for Maintenance, Renovation, and Natural Disaster Damage Repair. [Ord. 2010-005]

2.   Maintenance - may be performed in any 12-consecutive month period. [Ord. 2010-005]

3.   Renovation and Natural Disaster Damage Repair - The cumulative changes in total value of improvement are calculated over the previous five-year period as a nonconforming use or structure is renovated or repaired for damages. [Ord. 2010-005]

4.   Public utility facilities with nonconforming structures on existing sites shall not be subject to the requirements of this Chapter. [Ord. 2010-005]

5.   For additional requirements for each type of nonconformities, see applicable Sections of this Chapter. [Ord. 2010-005]

6.   No variance shall be permitted for the percentages stated in Table 1.F.1.F, Nonconformities - Percentage and Approval Process for Expansion. [Ord. 2010-005]

7.   Repair for non-natural disaster damage shall comply with percentage pursuant to Table 1.F.1.F, Nonconformities - Percentage and Approval Process for Expansion. [Ord. 2010-005]

 

 

Section 2         Non-Conforming Lot

A.   Applicability

This Section shall only apply to non-conforming lots that do not meet the minimum lot acreage and dimensional criteria pursuant to Table 3.D.1.A, Property Development Regulations of this Code, if all of the following conditions are met: [Ord. 2008-037] [Ord. 2010-005]

1.   FLU and Zoning Consistency

The existing zoning or any Rezoning is in compliance with the requirements of Art. 3.A.3, Zoning District Consistency with the Future Land Use (FLU). [Ord. 2008-037] [Ord. 2010-005] [Ord. 2019-034]

2.   Lot Recombination Requirements

Where applicable, the lot or lots have complied with the lot recombination requirements of Plan FLUE Policy 2.2.1-r, and Art. 11, Subdivision, Platting, and Required Improvements. [Ord. 2008-037] [Ord. 2010-005]

B.   Subdivision (Includes Lot Combinations)

Non-conforming lots may be combined with any other conforming or non-conforming lot without obtaining Variance relief for non-conforming lot dimensions, inclusive of frontage, width, depth, and size, if all of the following conditions are met: [Ord. 2008-037] [Ord. 2010-005]

1.   The newly created lot complies with the lot dimensions of this Code, or reduces the non-conformity; and [Ord. 2008-037] [Ord. 2010-005]

2.   Can comply with the requirements of Art. 11, Subdivision, Platting, and Required Improvements. [Ord. 2008-037] [Ord. 2010-005]

C.   Residential Development Regulations

A non-conforming residential lot may utilize the following property development regulations for a Single Family dwelling unit only, or for related accessory structures in the AR district in accordance with Art. 5.B.1.A.1.d.2)b), Non-Conforming Lot Dimensions. [Ord. 2010-005] [Ord. 2016-042]

1.   Minimum Setback Requirements

Minimum setback requirements may be in accordance with the percentages listed below: [Ord. 2010-005] [Ord. 2016-042] [Ord. 2019-034]

a.   If the minimum depth dimension is non-conforming: [Ord. 2010-005]

Front:   30 percent of lot depth. [Ord. 2010-005]

Rear:    20 percent of lot depth. [Ord. 2010-005]

b.   If the minimum width dimension is non-conforming: [Ord. 2010-005]

Side Interior:     15 percent of lot width. [Ord. 2010-005]

Side Street:      20 percent of lot width. [Ord. 2010-005]

2.   Building Coverage

The maximum lot coverage calculations shall be based on the size of the lot indicated in the Table below, and shall include accessory structures. [Ord. 2010-005] [Ord. 2016-042]

 

 

3.   Floor Area Ratio

Maximum Floor Ratio Area (FAR) requirements for the AR district do not apply. [Ord. 2016-042]

4.   Accessory Structures

Accessory structures shall comply with all applicable Code requirements. [Ord. 2010-005] [Ord. 2016-042]