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Article 5
Supplementary Standards
The purpose and intent of this Article is to establish minimum standards
for accessory and temporary uses, design standards, Parks and Recreation,
performance standards, legal documents, and density bonus programs.
See Art. 1.H, Definitions and Acronyms.
Deviation(s) from the provisions of this Article may be permitted for
development supporting Government Facilities within the PO Zoning District,
subject to Art. 2, Application Processes and Procedures and PPM #ZO-O-063, as applicable and as amended. [Ord.
2007-013] [Ord. 2010-022] [Ord. 2019-005]
The following provisions in this Section shall apply to all development
in Standard, PDD, or TDD Zoning Districts, unless otherwise stated. [Ord. 2007-001]
[Ord. 2017-007]
a. Standards
Uses indicated in the Use Matrices as a dash (-) for a zoning district
shall not be allowed as an accessory use unless stated otherwise in Art. 4, Use Regulations. An accessory use or structure shall be subject to the same regulations
that apply to the principal use or structure, except as otherwise stated. [Ord. 2017-007] [Ord. 2023-009]
b. Location
All accessory uses and structures except for approved off-site parking,
shall be located on the same lot as the principal use. No accessory structure
shall be located in the front or side street yard except for dumpsters, or
unless stated otherwise herein. [Ord.
2017-007] [Ord. 2017-025] [Ord. 2018-002]
1) General
Exceptions
Structures such as: fences and
walls; entry features for access ways internal to a PUD; bike racks; outdoor
recreation amenities and support structures such as cabanas, located within a
Neighborhood Recreation Facility or Recreation Pod; or, structures, projections,
and improvements listed in Art. 3.D.1.D.5,
Setback Exceptions, excluding mechanical equipment accessory to a building,
may be allowed within front or side street yards. [Ord. 2017-025]
2) Exceptions for
Buildings Accessory to Residential
A detached garage, cabana, Accessory
Quarters, or Guest Cottage, may be allowed within the front or side street
yard, subject to the following: [Ord. 2017-025]
a) The building is consistent with the architectural characteristics
of the principal building, including roofing materials, fenestration, and paint
color, where applicable; [Ord.
2017-025]
b) When accessory to a principal residential use, such as a Single
Family home, accessory structures shall be connected to the principal building
by common shared driveways, sidewalks, or pathways; and, [Ord. 2017-025]
c) An application for a DO or Building Permit for any building
proposing to utilize this provision shall include an affidavit from a licensed Architect
or general contractor, delineating how the proposed building will be in
compliance with the requirements above.
[Ord. 2017-025]
3) Accessory Solar
Accessory solar in the form of
mechanical equipment attached to other permitted structures, or Solar Trees, in
accordance with the standards of Art. 5.B.1.A.27,
Accessory Solar Energy Systems. [Ord. 2017-025]
c. Floor Area
1) Non-Residential
Zoning Districts
Where allowed, accessory uses and
structures shall not exceed 30 percent of the GFA or business receipts of the
principal use or uses, whichever is more restrictive. Minor Utility use is not
subject to this provision. [Ord. 2017-007]
2) Residential Zoning
Districts
Accessory uses and structures in the U/S Tier shall not exceed the
square footage of the principal use.
d. Setbacks, Accessory Structure
1) Residential Districts
Accessory structures shall be
allowed subject to the requirements below, provided they are not located in an
established easement or required landscape buffer unless exempted by Art. 5.F.2.A, Easement
Encroachment. [Ord. 2023-009]
a) Accessory Living
Quarters
Accessory dwellings, such as Guest
Cottages, Grooms Quarters, and other Accessory Quarters, shall meet the minimum
setback in Table
3.D.1.A, Property Development Regulations, with the exception of properties
with an RR FLU designation which shall be subject to a 25-foot side or rear
setback. [Ord. 2016-042] [Ord. 2023-009] [Ord. 2023-021]
b) Townhouse
Accessory structures shall meet the setback and separation requirements
in Table 3.D.2.A, Townhouse Property
Development Regulations. No
detached accessory building or structure other than permitted fences or walls
shall be permitted on any lot less than 30 feet in width.
c) ZLL
Accessory structures shall meet the setback requirements of Table 3.D.2.B, ZLL Property Development
Regulations. [Ord.
2008-037]
d) Single Family
and Multifamily
(1) Residential
Zoning Districts and AR Lots Less than One Acre
Accessory structures ten feet or
less in height shall meet a minimum five-foot setback from the side and rear
property lines. Accessory structures over ten feet in height shall meet the
minimum setbacks in Table 3.D.1.A,
Property Development Regulations. [Ord.
2016-042] [Ord. 2023-009] [Ord. 2023-021]
(2) Within AR Zoning
District on Lots One Acre and Greater
Accessory structures shall be set
back from the side and rear property lines as follows: [Ord. 2023-009]
(a) Lots five acres or greater; minimum of 25 feet. [Ord. 2023-009]
(b) Lots one acre or greater and less than five acres; minimum of 15
feet. [Ord. 2023-009]
e) Minimum Setback
from Easements for AR Districts
Accessory structures, excluding
fences, shall be a minimum of five feet from all established drainage easements
unless the Applicant can demonstrate that drainage requirements are met through
the Building Permit process. [Ord. 2016-042] [Ord. 2023-009]
2) Prohibition in
Landscape Buffers
Accessory structures shall not be
located within a required landscape buffer. [Ord. 2016-042]
3) Non-Residential
Districts
Accessory structures shall meet the setback requirements in Table 3.D.1.A, Property Development
Regulations.
4) U/S Tier –
Maximum Accessory Structure Dimensions
In the U/S Tier, all accessory structures located on a parcel in a
residential district shall not occupy more than 25 percent of the distance
between property lines. [Ord. 2008-037] [Ord. 2016-042]
Figure 5.B.1.A – Accessory Structure Dimensions
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e. Specific Accessory Uses
1) Office
a) Areas of a building dedicated to the administrative operation and
incidental to a principal use or uses listed in the Use Matrices may be
Permitted by Right. [Ord. 2017-007]
b) One parking space shall be provided for every 250 square feet of
accessory office. [Ord. 2017-007] [Ord. 2020-001]
2) Incidental Sales
Sales of products incidental to a
principal use may be Permitted by Right in commercial, industrial, or institutional,
public, and civic Use Classifications subject to the following, unless stated
otherwise: [Ord. 2017-007]
a) Maximum ten percent of the GFA; [Ord. 2017-007]
b) One parking space for every 200 square feet of accessory sales; [Ord.
2017-007]
c) Merchandise is not stored outside or visible from any street; and,
[Ord. 2017-007]
d) Commercial signage is only to advertise the principal use. [Ord.
2017-007]
The height shall be measured adjacent to the fence or wall from the
lowest grade on either side of the fence or wall, unless stated otherwise
below: [Ord. 2015-006] [Ord. 2016-016]
1) Located on Berm
Height shall be measured from the elevation of the berm where the fence
or wall is constructed, unless in conflict with standards for Grade Change
below. [Ord. 2015-006]
2) Grade Change
a) Residential
Height may be increased when the fence or wall is located on a retaining
wall, subject to the requirements of Art. 5.B.1.A.2.b.5), Residential District
Grade Changes. [Ord.
2016-016]
b) PDD or Non-Residential
Perimeter Buffers
Height may be increased when the fence or wall is located on a retaining
wall, subject to the requirements of Art. 7.D.5, Landscape Buffers with Grade
Changes. [Ord. 2016-016]
b. Height and Related Standards
1) Residential Uses
The maximum height for a fence or wall on or adjacent to a residential
lot line or in a landscape buffer shall be as follows: [Ord. 2015-006] [Ord. 2019-023] [Ord. 2019-034]
a) Within required front setback:
(1) four feet, or [Ord. 2005-041] [Ord. 2015-006]
(2) six feet for property owned by
PBC for preservation or conservation purposes. [Ord. 2005-041] [Ord.
2015-006]
b) Within required side, side
street, and rear setback: six feet. [Ord. 2015-006]
c) Within a landscape buffer: six
feet. [Ord. 2015-006]
Figure 5.B.1.A – Typical Example of Residential Fence and Wall Height
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[Ord. 2005-041] [Ord. 2015-006]
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2) Non-Residential Uses
The maximum height for a fence or wall on or adjacent to a lot line or
in a landscape buffer shall be as follows: [Ord.
2015-006] [Ord. 2019-023] [Ord. 2019-034]
a) Within the required front
setback: six feet. [Ord. 2015-006]
b) Within the required side, side
street, and rear setback: eight feet. [Ord. 2015-006]
3) Attachments
Gates, gateposts, decorative features, and lights attached to a fence or
wall in a setback or perimeter buffer shall not exceed three feet in any
horizontal distance or two feet in height above the fence or wall. Decorative
features and lights shall be spaced a minimum of eight feet apart, measured on
center. [Ord. 2015-006]
Figure 5.B.1.A – Attachments to Walls
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[Ord. 2015-006]
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4) General
Exceptions
a) Fences and walls up to eight feet
in height shall be permitted within a street buffer adjacent to a golf course. [Ord.
2015-006]
b) Fences around tennis courts
may exceed six feet in height, subject to the setback requirements in Table 5.B.1.A, Setbacks. [Ord. 2015-006]
c) The ZC and BCC may require
increased heights to ensure adequate screening and buffering between
incompatible uses. [Ord. 2015-006] [Ord. 2016-016]
d) The DRO may approve increased
fence heights and modify allowable locations for fences with and without barbed
wire for Minor Utilities and Water or Wastewater Treatment Plants. [Ord.
2007-013] [Ord. 2015-006]
e) Schools may increase the fence height to eight feet along the
perimeter of the site. [Ord. 2017-007]
f) Walls subject to noise mitigation shall comply with Art. 7.D.4.B.2, Noise Mitigation Walls.
[Ord. 2018-002]
5) Residential District Grade Changes
The height of a fence or wall located within the front, side, or rear
setback of a lot supporting a Single Family dwelling unit, may be increased
when located adjacent to a lot having a different elevation where a retaining
wall is installed along the property line, in accordance with the following: [Ord. 2015-006] [Ord. 2016-016]
a) Grade
Measurement
The difference in grade shall be determined by measuring the elevation
where the fence or wall is constructed and the elevation of the abutting lot at
the property line. [Ord. 2015-006]
b) Maximum Height
Increase
The height of the fence or wall may be increased by the difference in
grade up to a maximum of two feet, whichever is less, as follows: [Ord.
2015-006]
(1) Within the required front
setback: Up to a maximum of six feet. [Ord.
2015-006]
(2) Within a side or rear setback:
Up to a maximum of eight feet. [Ord.
2015-006]
(3) A guard railing not to exceed
three feet in height may be permitted where the grade difference is greater
than two feet, provided the mass of the railing does not exceed the mass
necessary to meet the opening limitations and strength requirements of the
Florida Building Code, Residential. [Ord.
2015-006]
Figure 5.B.1.A – Residential District Grade Changes
Examples of Wall in the Side or Rear Setbacks
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Typical Example of a
1’ Grade Difference
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Typical Example of a
2’ Grade Difference
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Typical Example of a Grade
Difference > 2’
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[Ord. 2015-006]
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c. Walls – Appearance
The exterior surface of a wall shall be finished with paint, stucco, or
other commonly accepted material, and continuously maintained in its original
appearance.
d. Sight Distance
Walls and fences shall comply with Art. 11.E.9.C, Minimum Safe Sight Distance
and Corner Clips at Intersection.
Fences or walls in any zoning district, shall not be electrified or
contain any substance such as broken glass, spikes, nails, barbed wire, razors,
or any other dangerous material designed to inflict discomfort, pain, or injury
to a person or animal, except as allowed below. [Ord. 2010-005] [Ord.
2011-001]
1) Barbed Wire
Exceptions and Regulations
The use of barbed wire is prohibited except in instances as detailed
below. The County recognizes that barbed wire may be necessary to secure
certain non-residential uses or structures. Therefore, the County allows the
installation of barbed wire on top of the fence or wall, subject to the following: [Ord. 2005-002] [Ord. 2010-005] [Ord.
2011-001] [Ord. 2017-007]
a) Allowable Uses
for Barbed Wire
(1) Commercial Communication Towers [Ord. 2017-007]
(2) Electric Power Plant; [Ord.
2017-007]
(3) Electric Transmission Facility; [Ord. 2017-007]
(4) Minor Utility; [Ord. 2017-007]
(5) Prison; [Ord. 2017-007]
(6) Solid Waste Transfer Station; [Ord.
2017-007]
(7) Water or Wastewater Treatment Plant; and, [Ord. 2017-007]
(8) Zoo. [Ord. 2017-007]
(9) Except when located adjacent to a parcel having a residential FLU
designation, residential zoning district, or residential use, barbed wire that is not visible from
any public street, may be installed with the following uses: [Ord. 2017-007]
(a) Contractor Storage Yard; [Ord.
2017-007]
(b) Salvage or Junk Yard; [Ord.
2017-007]
(c) Self-Service Storage; [Ord.
2017-007]
(d) Sugar Mill or Refinery; and, [Ord.
2017-007]
(e) Towing Service and Storage. [Ord.
2017-007]
(10) Bona Fide
Agriculture Use Located in AGR, AP, and AR Zoning Districts; and AGR-PDD
Preserve Parcels
When Bona Fide Agriculture is
located in the AR Zoning District other than nurseries, barbed wire shall be set back a minimum of 25 feet from any
property line. [Ord. 2017-007]
(11) Properties with a conservation FLU designation, for the purposes of
protecting publicly-owned natural areas; [Ord.
2005-002] [Ord. 2010-005] [Ord. 2011-001]
(12) Properties where the owner can document a valid Development Permit
for the use of barbed wire; [Ord. 2010-005] [Ord. 2011-001] [Ord.
2017-007]
(13) The Zoning Director shall have the authority to
allow the installation of barbed wire for any uses pursuant to Art. 4.B, Use Classification, when the Applicant demonstrates a need to comply
with Federal, State, or Local Government regulations. In support of the barbed
wire installation, the Zoning Director may require the Applicant to perform
mitigation in order to address compatibility with adjacent properties or
visibility from adjacent street right-of-way; and, [Ord. 2010-005] [Ord. 2011-001] [Ord. 2017-007]
(14) A removal agreement shall be executed to remove the barbed wire, prior to issuance of a Building
Permit. This agreement shall require the removal of the barbed wire in the event the use changes to another use not
allowed in the list above. [Ord.
2017-007]
b) Standards
(1) Height
The barbed wire shall not exceed 20 percent of the overall permitted
height of the fence or wall or two feet whichever is less. [Ord. 2017-007]
(2) Height Exemption
Bona Fide Agriculture, Prisons, and
other uses as authorized by the Zoning Director pursuant to provisions in Art. 5.B.1.A.2.e.1)a)(13),
shall be permitted to exceed the 20 percent provision. The calculation of the overall height of a fence or wall is inclusive of
any barbed wire. [Ord. 2005-002]
[Ord. 2010-005] [Ord. 2011-001] [Ord. 2017-007]
2) Electrified Fences – Exceptions and Regulations
The use of electrified fences is prohibited except in instances as
detailed below. The County recognizes that electrified fences may be necessary
to secure certain non-residential uses or structures. Therefore, the County
allows the installation of electrified fencing, subject to the following: [Ord. 2013-018]
a) Allowable Uses
for Electrified Fences
Electrified fences shall only be allowed for the following uses: [Ord.
2013-018]
(1) Commercial uses, as follows: [Ord. 2013-018]
(a) Auction, Outdoor; [Ord. 2013-018]
(b) Contractor Storage Yard; [Ord. 2013-018]
(c) Flea Market, Outdoor; [Ord. 2013-018] [Ord. 2017-007]
(d) Landscape Service; [Ord. 2013-018]
(e) Laundry Services; [Ord. 2013-018]
(f) Marina; [Ord. 2017-007]
(g) Parking, Commercial; [Ord. 2013-018] [Ord. 2017-007]
(h) Repair and Maintenance, Heavy;
[Ord. 2013-018] [Ord. 2017-007]
(i) Self-Service Storage, Limited
Access; [Ord. 2013-018] [Ord. 2017-007]
(j) Self-Service Storage, Multi-Access; [Ord. 2017-007]
(k) Towing Service and Storage; [Ord. 2013-018] [Ord. 2017-007]
(l) Vehicle Sales and Rental,
Light; and, [Ord. 2013-018] [Ord.
2017-007]
(m) Vehicle or Equipment Sales and Rental, Heavy. [Ord. 2017-007]
(2) Institutional, public, and civic uses, as follows: [Ord. 2013-018] [Ord. 2017-007]
(a) Airport; and [Ord. 2013-018]
(b) Government Services. [Ord. 2013-018]
(3) Recreation uses, as follows: [Ord. 2013-018]
(a) Zoo. [Ord. 2013-018] [Ord. 2017-007]
(4) All uses listed as agricultural
uses in Art. 4.B.6.A, Agricultural Use Matrix. [Ord.
2013-018] [Ord. 2017-007]
(5) All uses listed under the utility
Use Classification in Art. 4.B.7.A, Utility Use Matrix. [Ord.
2013-018] [Ord. 2017-007]
(6) All uses listed under the excavation
Use Classification in Art. 4.B.10.A, Excavation Use Matrix. [Ord.
2017-007]
(7) All uses listed as industrial uses
in Table 4.B.5.A, Industrial Use Matrix. [Ord.
2013-018]
(8) Accessory Outdoor Storage in
accordance with Art. 5.B.1.A.3, Outdoor Storage and
Activities. [Ord. 2013-018]
(9) Properties with a conservation
FLU designation, for the purposes of protecting publicly-owned natural areas. [Ord. 2013-018]
(10) To secure permanent mechanical
equipment except on individual residential lots. [Ord. 2013-018]
(11) The Zoning Director shall have
the authority to allow the installation of electrified fences for any uses
pursuant to Art. 4.B, Use Classification, when the Applicant demonstrates a need to
comply with Federal, State, or Local Government regulations. The Zoning
Director may require the Applicant to perform mitigation in order to address
compatibility with adjacent properties or visibility from adjacent street
right-of-way. [Ord. 2013-018]
(12) An agreement to remove an
electrified fence shall be executed prior to issuance of a Building Permit. The
agreement shall require removal of the electrified fence if the use changes to
other than an allowable use listed above. [Ord.
2013-018]
b) Standards
Electrified fences shall be installed, operated, or maintained in
compliance with the following: [Ord. 2013-018]
(1) Technical
Standards
All electrified fences are subject to permitting and review by the
Building Division and shall be designed, installed, operated, and maintained in
a manner not to be injurious to individuals. [Ord. 2013-018]
(2) Exterior Non-Electrified
Fence or Wall
Electrified fences and gates shall be attached to the interior of, or
completely surrounded on the side facing the property exterior, by a non-electrified
fence or wall that meets the following requirements: [Ord. 2013-018]
(a) Minimum of six feet in height;
[Ord. 2013-018]
(b) The separation between the
exterior, non-electrified fence or wall, and the electrified fence shall be a
minimum of four inches and a maximum of eight inches; [Ord. 2013-018]
(c) When adjacent to or within 50
feet of a parcel of land with a residential FLU designation or use, the
non-electrified fence shall include a solid material that will screen the
electrified fence from view and prevent a person from being able to penetrate
the non-electrified fence; and, [Ord.
2013-018]
(d) Exterior fences such as chain
link shall have openings no larger than two and three-eighths inches. [Ord. 2013-018]
(3) Public Warning Signage
Provide and maintain signage, subject to prior review by the Building
Division, which satisfies the intent of the requirements contained in ISO 3864
or a current equivalent internationally accepted standard, and that such
signage be placed within ten feet of all corners, not more than 45 feet apart,
so as to be plainly visible. Exceptions to screening or landscaping
requirements may be permitted where necessary to ensure visibility of signage. [Ord. 2013-018]
(4) Height
The maximum height of an electrified fence and any attachments shall not
exceed the height of any required exterior non-electrified fence or wall, or
other required screening, by more than a maximum of two feet in height. Any
portion of an electrified fence that exceeds the height of the non-electrified
fence shall be limited to a maximum of two horizontally placed strands per
vertical foot, a maximum of 12.5 gauge in diameter, with attachments spaced not
less than 20 feet on center, excluding gates. [Ord. 2013-018]
(5) Location, Landscaping,
or Screening
(a) Within Required
Setbacks
Electrified fences shall not be permitted within any required setback or
within 50 feet from property lines, whichever is greater, unless the perimeter landscape
buffer is in compliance with Art. 7, Landscaping,
unless stated otherwise herein. [Ord.
2013-018]
(b) Within 50 Feet of
Any Property Line
Any electrified fence located within 50 feet of any property line
(excluding within a required perimeter buffer) and abutting a non-conforming landscape
buffer, shall be screened from view by landscaping, fences, walls, or buildings,
excluding the top two feet. [Ord.
2013-018]
(c) Outdoor Storage
The use of electrified fences in outdoor storage areas shall only be
permitted when in compliance with the following screening requirements, excluding
the top two feet: [Ord. 2013-018]
(1) When located in non-residential districts, the screening
requirements of Art. 5.B.1.A.3, Outdoor Storage and
Activities; and [Ord. 2013-018]
(2) When located in residential districts or for uses which allow
outdoor storage by definition or in another Section, shall be screened from
view by landscaping, fences, walls, or buildings. [Ord. 2013-018]
(d) Mechanical
Equipment
The use of electrified fences with mechanical equipment shall only be
permitted when in compliance with the screening requirements of Art. 5.B.1.A.20, Mechanical Equipment, excluding the top two feet. [Ord. 2013-018]
(6) Non-Conforming
Dangerous Materials
If a property has non-conforming dangerous materials in areas that will
be secured by the installation of electrified fences, the dangerous materials
shall be removed prior to electrification or the issuance of a Certificate of Completion
by the PBC Building Division for the electrified fence. [Ord. 2013-018]
(7) URAO, IRO, WCRAO,
and TDD Limitations
(a) Electrified fences shall not
be permitted in any URAO, IRO, or TDD developments constructed with a required
build-to-line or any other area unless located behind buildings and in areas
not accessible by the public. [Ord.
2013-018] [Ord. 2017-025]
(b) Electrified fences within the
WCRAO shall be prohibited in all sub-areas except for the UI Sub-area. [Ord. 2013-018]
Outdoor storage of merchandise, inventory, vehicles and trailers used in
operation of a business, equipment, refuse, or similar materials, and outdoor
activities associated with a use operation in all zoning districts shall be
subject to the following standards, unless stated otherwise: [Ord. 2017-007]
[Ord. 2019-039]
Figure 5.B.1.A – Outdoor Storage
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[Ord. 2019-039]
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a. General
Outdoor Storage and Activities may only be allowed when incidental to
the use located on the premises. [Ord.
2017-007]
Outdoor Storage and Activity areas shall not be located in any of the
required setbacks.
Bollards or other acceptable barricade to the Zoning Division shall be provided
to delineate pile locations. [Ord. 2017-007]
c. Height
Outdoor Storage material shall not
exceed 15 feet in height or the height of the screening, whichever is less. The
height could be less if required by Chapter
62-709, F.A.C., as amended. [Ord. 2017-007]
d. Screening
Outdoor Storage and Activity areas shall be completely screened from all
property lines by landscaping, fences, walls, or buildings. [Ord. 2017-007]
e. Industrial FLU Designation,
Zoning Districts, or Uses
1) Outdoor Storage and Activity areas adjacent to parcels of land
with an industrial FLU designation or use and not visible from any street shall
be exempted from the screening requirements. [Ord. 2017-007]
2) Outdoor Activity areas in industrial uses shall have a Type 3 Incompatibility
Buffer along property lines adjacent to parcels with a civic, conservation, commercial,
recreational, or residential FLU designation, or use, or where visible from a
public R-O-W. The Incompatibility Buffer shall be a minimum of 25 feet in
width. [Ord. 2017-007]
3) Outdoor Activities such as chipping, crushing, grinding,
manufacturing, or processing shall be restricted to uses in the IG Zoning District
and Industrial General Pod of PIPD unless approved as a Class A Conditional
Use. [Ord. 2017-007]
f. Exceptions
The following uses or material are exempt from this Section:
1) Storage and sales of landscape
plant material.
2) Temporary storage of material
used for road construction on a lot directly adjacent to the roadway under
construction. [Ord. 2017-007]
The
parking and storage of vehicles and trailers, used in operation of a business,
shall be on an improved surface as described in Art. 6.B.3.B.1, Paved,
Art. 6.B.3.A.2.e, Drainage or Art. 6.B.3.A.2.f, Maintenance. [Ord. 2019-039]
a. Merchandise must be mobile and
stored indoors overnight daily.
b. Merchandise must be accessory
to a principal use located on the same property.
c. Merchandise shall not be
located in any required setback, parking space, loading space, loading area,
vehicular use area, fire lane, landscape buffer, required sidewalk, ADA
accessibility route, or drainage easements.
Figure 5.B.1.A – Outdoor Display
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a. Accessory Docks
Applicants shall comply with the Boat Facility Siting Plan of the Palm
Beach County Manatee Protection Plan. This requirement does not apply to Single
Family docks and only applies to expansion of existing marine facilities or
development of new marine facilities with five or more slips. Accessory docks
located on the same lot as a residence shall meet a five-foot setback from the
side property lines. Accessory docks not located on the same lot as a residence
shall comply with the following setbacks: [Ord.
2009-040]
1) Dock in Publicly-Owned
Waterway
A minimum five-foot side setback measured from the extension of the
property lines into the waterway. The property lines shall be extended into the
waterway in the same direction and bearing as the side lot lines.
2) Dock in
Privately-Owned Waterway
The setback shall be determined by the Person asserting ownership in interest
or jurisdiction over the waterway. Signed consent by this Person must be in
place prior to permit being issued. Owner sign-off and consent shall be
required. The dock shall be located directly adjacent to, and abutting, the lot
on which the residence is located.
Unless exempt in Art. 3.D.1.D.5, Setback Exceptions, entry features shall comply with Table 5.B.1.A, Entry Feature Setbacks. Setbacks may be taken from the edge of the
pavement for access ways internal to a PDD. [Ord. 2005-002]
Above-ground accessory fuel, gas, or chemical storage tanks, three feet
or greater in height shall be subject to the zoning district setbacks or the minimum
setbacks required by the Florida Building and Fire Prevention Codes, whichever
is greater, and screening. New and replacement storage tanks shall be screened
from view if adjacent to a residential use or FLU designation and visible from
an adjacent R-O-W. The screening shall consist of an opaque barrier or
equivalent landscaping a minimum height equal to the highest point of the
storage tanks. [Ord. 2019-034]
Each use shall provide a method for the removal of refuse when
individual collection, from a licensed solid waste hauler is not provided. All
outdoor receptacles for the storage and disposal of refuse, vegetation, and
recyclable material, such as dumpsters, trash compactors, and recycling
containers, shall meet the following standards:
a. Storage Area
A minimum of one refuse container and one recycling
container shall be provided for each non-residential project and Multifamily
projects with 16 units or more. All outdoor receptacles shall be stored in a
storage area. Storage areas shall have a minimum dimension of ten feet by ten feet.
[Ord. 2018-002] [Ord. 2021-023]
b. Location
Shall be located to minimize turning and back-up movements
by pick-up and removal vehicles, and shall not encroach into easements, landscape
buffers, or parking spaces. [Ord. 2018-002]
[Ord. 2021-023]
c. Setback
1) Shall comply with Art. 3.E.2.E.2.b,
Design when located in a Commercial Pod of a PUD.
[Ord. 2018-002] [Ord. 2021-023]
2) Shall be set back a minimum of 25 feet from
all property lines adjacent to residential zoning districts and uses. If
adjacent to a non-residential zoning district or use, the landscape buffer
width shall serve as the setback. [Ord. 2018-002] [Ord. 2021-023]
d. Screening
Shall be screened from view by a solid opaque enclosure. The
open end of the enclosure shall have an opaque gate which provides a minimum of
ten feet of clearance when open for service. All exposed exterior sides of the
enclosure, other than the open end, shall be landscaped with one 36-inch-high
shrub planted 24 inches on center. If improvements are proposed for previously
approved storage areas, screening shall be provided to the greatest extent
possible. Enclosure vegetation planting shall not be required in any location
where the planting overlaps a buffer. [Ord.
2018-002] [Ord. 2021-023]
Figure
5.B.1.A – Typical Example of Dumpster Layout
|
|
|
|
[Ord.
2018-002] [Ord. 2021-023]
|
e. Retrofitting of Existing
Developments
The retrofitting of existing developments to comply with the standards
of this Section is permitted at a ratio of deletion of one parking space for
each outdoor receptacle, not to exceed ten percent of the total required
parking spaces.
A non-profit facility designed and intended for recreational use by
occupants of a residential development or subdivision owned and operated by a
POA or equivalent. Recreation facilities shall be subject to the following
standards: [Ord. 2011-001] [Ord. 2013-001]
a. Property Development Regulations
(PDRs)
1) PDRs shall be in accordance with
the standards for a Recreation Pod in Table 3.E.2.D, PUD Property Development
Regulations. [Ord. 2011-001]
2) PDRs for outdoor recreation
amenities shall be in accordance with Art. 5.B.1.A.10, Outdoor Recreation
Amenities. [Ord. 2013-001]
b. Parking
Parking shall be in accordance with Art. 6, Parking, Loading, and Circulation. [Ord.
2011-001] [Ord. 2020-001]
1) The POA or its equivalent
shall be responsible for ensuring adequate on-site parking is provided during Special
Events. [Ord. 2011-001]
c. Landscaping
Landscaping shall be in accordance with Art. 7, Landscaping,
except that perimeter buffers shall not be required for golf course greens
(excluding driving ranges or other recreation amenities) abutting internal
streets or residential lots if approved by the BCC on a Preliminary Master Plan
or Subdivision Plan. [Ord. 2011-001]
d. Additional Requirements for
Standard Zoning Districts
In addition to the above, recreation facilities in a Standard Zoning District
shall also comply with the following: [Ord.
2011-001]
1) Shall be subject to a Class A
Conditional Use approval. [Ord.
2011-001]
2) Shall be located within the
residential subdivision it serves; [Ord.
2011-001]
3) Shall not front on an Arterial
or Collector Street; and, [Ord.
2011-001]
4) The Applicant shall provide
documentation of ownership and management by the POA or an equivalent. [Ord. 2011-001]
Figure 5.B.1.A – Typical Recreational Facilities
|
|
An open-air amenity designed and
intended to support recreation activities including but not limited to: basketball
courts, tennis courts, playgrounds, and tot lots, excluding those uses
regulated elsewhere such as Outdoor Entertainment. [Ord. 2013-001]
a. Principal and Accessory Use
1) Principal Use
Any outdoor recreation amenities owned and operated as a commercial
enterprise or in combination with commercial recreation uses on the same
property shall be considered a principal use subject to the PDRs of the
applicable district. [Ord. 2011-001]
[Ord. 2013-001] [Ord. 2021-006]
2) Accessory Use
Any outdoor recreation amenities
operated by a non-profit assembly, social, civic organization, Property Owners’
Association (POA), or resident of a dwelling unit shall be considered an
accessory use. The accessory use shall be located on the same lot as the
principal use except if operated by a residential POA. If operated by a POA,
the accessory use shall be located within the boundaries of the development, or
a Neighborhood Recreation Facility. [Ord.
2011-001] [Ord. 2013-001]
The following setbacks shall apply to outdoor recreation amenities and
equipment, excluding swimming pools and spas, and shall be measured to the edge
of the court surface or fence, whichever is more restrictive: [Ord. 2006-004] [Ord. 2011-001] [Ord. 2013-001]
[Ord. 2014-001] [Ord. 2021-006]
1) Common
Recreation Amenities
Outdoor recreation amenities operated by a non-profit assembly, social,
civic organization, or Property Owners’ Association (POA) on a community Recreation
Pod, tract, or designated area, shall comply with the setbacks or separations
pursuant to Table 5.B.1.A, Setbacks. [Ord.
2011-001] [Ord. 2013-001] [Ord. 2014-001] [Ord. 2021-006]
2) Residential Lot
Recreation Equipment
Recreation equipment located on a residential lot with a Single Family,
ZLL, Townhouse, Cottage Home, or Mobile Home Dwelling, which require issuance
of a Building Permit shall comply with the setbacks in Table 5.B.1.A, Setbacks. [Ord. 2014-001] [Ord. 2021-006]
Table 5.B.1.A – Setbacks
|
Zoning
|
|
|
|
|
|
Residential
Lot with a Residential Use
|
25’
|
7.5’ (3)
|
15’
|
7.5’ (3)
|
Recreation
Pod, Tract, or Area ≥ 1 ac. (1)(2)
|
25’ (5)
|
50’ (R)
15’ (C)
|
25’ (5)
|
50’ (R)
15’ (C)
|
Recreation
Pod, Tract, or Area ≥ 7,500 sq. ft. < 1 ac.
|
25’ (5)
|
25’ (R)
15’ (C)
|
25’ (5)
|
25’ (R)
15’ (C)
|
Recreation
Pod, Tract, or Area < 7,500 sq. ft.
|
15’
|
15’
|
15’
|
15’
|
[Ord.
2011-001] [Ord. 2013-001] [Ord. 2014-001] [Ord. 2021-006]
|
Notes:
|
C
|
Indicates the setback if the lot is adjacent to a
parcel with a non-residential zoning district, FLU, pod, or open space 50
feet or greater in width, and does not support a residential use. [Ord.
2021-006]
|
R
|
Indicates the setback if the lot is adjacent to the
residential use. [Ord. 2021-006]
|
1.
|
Tennis courts with a
valid Development Order approved prior to the adoption of setbacks for tennis
courts permitted on other than residential lots shall be considered legally conforming.
[Ord. 2011-001]
|
2.
|
Golf course greens,
excluding driving ranges, shall be exempt from these setbacks.
|
3.
|
Setbacks for
recreation amenities and equipment may be reduced to five feet on a
residential lot with a Single Family, ZLL, Townhouse, Cottage Home (Single
Unit on a Single Lot), or Mobile Home Dwelling, excluding the AR Zoning District.
[Ord. 2014-001] [Ord. 2021-006]
|
4.
|
The minimum separation between a recreation amenity
to a Multifamily or CLF structure, or to the property line of an adjacent
residential unit, shall correspond to the setback dimensions described above
based on the size of the Recreation Pod, Tract, or Area. [Ord. 2021-006]
|
5.
|
Setbacks may be reduced to 15 feet provided that the
recreation amenity is located a minimum 50 feet from the nearest residential
property line. A minimum 36-inch-high opaque hedge at the time of planting,
shall be planted along the recreation amenity adjacent to the street, with
the planting area being five feet in width and no easement overlap. [Ord.
2021-006]
|
|
|
|
|
|
|
c. Standards for Swimming Pools and
Spas
1) Setbacks
a) The following setbacks shall
apply to pool and spas, and shall be measured to the water's edge:
Table 5.B.1.A – Pool/Spa Setbacks
|
Setbacks
|
|
|
|
|
Single Family
|
28’
|
10.5’
|
18’
|
10.5’
|
Cottage Home (1)
|
20’
|
5’
|
12’
|
5’
|
ZLL
|
13’
|
3’ – ZLL;
5’ – Non-ZLL
|
13’
|
5’
|
Townhouse
|
13’ – Parking
tract;
28’ – Street
|
3’
|
18’
|
5’
|
Multifamily
|
28’
|
18’
|
28’
|
15’
|
Neighborhood Recreation Facility < 1 ac.
|
25’ setback or
separation to the nearest residential lot line
|
Neighborhood Recreation Facility ≥ 1
ac.
|
50’ setback or
separation to the nearest residential lot line
|
[Ord.
2013-001] [Ord. 2018-018] [Ord. 2019-034]
|
Notes:
|
1.
|
Shall apply only to a Cottage Home that is on a
single lot. [Ord. 2019-034]
|
|
|
|
|
|
|
Figure 5.B.1.A – Pool Setbacks
|
|
b) Exceptions
(1) Single Family
Design Clusters
Single Family design clusters are a type of Single Family dwellings no
longer permitted. Swimming pools and spas for projects with previously approved
Single Family design clusters shall comply with the setbacks indicated on the
PBC Site Plan. If setbacks are not indicated on Site Plan, setbacks for ZLL
homes shall be applied.
(2) Single Family
and ZLL Homes Adjacent to Open Space
Swimming pools or spas may be constructed with a three-foot rear or side
interior setback if adjacent to dedicated open space 50 feet in width or
greater. [Ord. 2013-001]
(3) Neighborhood
Recreation Facility
Swimming pools or spas may be constructed with a ten-foot rear or side
interior setback if adjacent to dedicated open space 50 feet in width or
greater. [Ord. 2008-037] [Ord. 2013-001]
2) Building
Coverage
Swimming pools and spas shall not be included in the building coverage
calculation unless enclosed within a building or a screen enclosure with a
solid roof.
3) Fencing,
Screening, and Access
Swimming pools and spas shall be enclosed by a safety barrier, wall,
fence, or other structure in accordance with the 2001 Florida Building Code, as
amended. [Ord. 2005-002]
4) Common Area
The construction of private swimming pools and spas for individual
dwelling units within a common area is prohibited, unless the swimming pools
and spas were legally constructed prior to April 21, 1995. If 30 percent of the
existing dwelling units in a pod or subdivision have existing legally
constructed swimming pools or spas in the common area, the remaining dwelling
units within the same pod or subdivision may construct a swimming pool or spa
as shown on the Final Subdivision Plan or Final Site Plan. If the Final
Subdivision Plan or Final Site Plan does not graphically depict the placement
of swimming pools or spas in common area, application shall be made to DRO to
amend the Final Subdivision Plan or Final Site Plan to depict the placement of
the swimming pool or spa if in compliance with the following criteria:
a) Legally
Permitted
The Applicant demonstrates that existing swimming pools and spas were
legally permitted and constructed in common areas;
b) Joint Applicant
The POA or equivalent must be included as part of a Joint Applicant on
the Building Permit application; [Ord. 2011-001]
c) Setbacks
The swimming pool or spa must comply with all setback requirements
measured from the outer boundary of the common area or have a 15-foot
separation from primary structures, whichever is greater;
d) Perimeter
Landscape Area
Accessory structures and improvements shall not be permitted in a
required perimeter landscape area;
e) Open Space
The entire development must continue to meet open space requirements;
f) Documents
The homeowners' documents shall be amended to include provisions that
allow private use of the common area upon association approval; and,
g) Prohibitions
Swimming pools or spas shall not be permitted in a common area that is
designed as a water management tract.
a. General
Screen enclosures may be covered with a screened or solid roof, as
follows:
Figure 5.B.1.A – Typical Screen Enclosure Setbacks
|
|
b. Setbacks for Screen Enclosures
with Screened Roofs
Setbacks for screen enclosures with screen roofs shall be measured as
specified in the Table below:
Table 5.B.1.A – Screen Enclosure Setbacks
|
Setback
|
|
|
|
|
Single Family
|
25’
|
7.5’
|
15’
|
7.5’
|
Cottage Home (1)
|
20’
|
2’
|
10’
|
2’
|
Multifamily
|
25’
|
15’
|
25’
|
12’
|
|
Interior Lot
|
10’ – Parking tract;
25’ – R-O-W
|
0’ – ZLL;
2’ – Non-ZLL
|
N/A
|
2’
|
Corner Lot
|
0’
|
10’
|
Side Street Home
|
2’
|
10’
|
Townhouse
|
|
|
|
|
Property Line
|
10’ – Parking tract;
25’ – R-O-W
|
0’
|
3’ – Property line;
15’ – Street
|
0’
|
From Inside Edge of Landscape
Buffer, PUD, or Tract Boundary
|
15’
|
15’
|
15’
|
Separation Between Groups
|
25’
|
15’
|
N/A
|
15’
|
Recreation Parcels
|
|
|
|
|
Property Line
|
25’
|
20’
|
20’
|
20’
|
[Ord. 2013-001] [Ord.
2018-018] [Ord. 2019-034]
|
Notes:
|
1.
|
Shall apply only to a Cottage Home that is on a single lot. [Ord.
2019-034]
|
|
|
|
|
|
|
1) Exceptions
a) Single Family
Design Clusters
Single Family design clusters are a type of Single Family dwellings no
longer permitted. Screen enclosures with screen roofs for projects with
previously approved Single Family design clusters shall comply with the setback
indicated on the approved Site Plan. If setbacks are not indicated on an
approved plan, setbacks for ZLL homes shall be applied.
b) Single Family
and ZLL Homes Adjacent to Open Space
Screen enclosures with a screen roof may be constructed with zero-foot
rear or side interior setbacks in accordance with Art. 3.D.1.D.4.a, Open Space. [Ord. 2008-037]
c) Recreation
Facilities
Screen enclosures may be constructed with a minimum of seven-foot rear
or side setback if adjacent to dedicated open space 50 feet in width or
greater.
2) Townhouses
a) Setbacks are required to be in
compliance with the Townhouse standards of Art. 3.D.2.A,
Townhouse;
b) Screen enclosure shall
maintain a minimum separation between other screen enclosures or the principal
structure of Townhouse groups, as specified in Table 5.B.1.A, Screen Enclosure Setbacks;
c) Separations between two Townhouse
groups shall be measured by drawing a centerline between the two adjacent
groups and measuring a minimum distance of equal to one-half of the required
separation from the centerline between structures to ensure an equidistant
separation; and,
d) Screen enclosures for Townhouses
may cover 100 percent of the total lot area provided minimum separations
between Townhouse groups are met.
3) ZLL Developments
A minimum five-foot-high opaque privacy fence or wall shall be provided
on the zero side of ZLL extending from the rear of the structure to the rear
corner of the screen enclosure. The screen enclosure may be attached to the
fence or wall. The wall shall be constructed of materials consistent with Art. 3.D.2.B.3.d, Privacy Walls or Fences. A screen enclosure which is not attached
to the privacy wall shall be set back a minimum of two feet from the ZLL side.
4) Building
Coverage
Screen enclosures with screen roofs shall not be included in the
building coverage calculation.
5) Maximum
Allowable Size
Screen enclosures shall be permitted
to cover a maximum of 30 percent of the total lot area, except for Townhouses.
6) Height
The height of the screen enclosure shall not exceed the height of the
home to which it is attached.
7) Screen
Enclosures within Common Areas of a Residential Development
See procedures under Art. 5.B.1.A.10.c.4),
Common Area.
c. Screen Enclosures with Solid
Roofs
1) Setbacks
Screen enclosures with a solid roof shall meet the minimum setbacks of
the principal use of the lot.
2) Special
Townhouse Provisions
If the roof of the enclosure is solid, there shall be a minimum eight-foot-high
wall on the shared lot line extending from the dwelling to the rear corner of
the portion of the enclosure that is roofed. The wall shall be fire-rated in
accordance with applicable Building Codes. The screen enclosure may be attached
to the masonry wall.
3) Height
The height of the screen enclosure with a solid roof shall not exceed
the height of the dwelling unit to which it is attached.
4) Screen
Enclosures with Solid Roofs within Common Areas of Residential Developments
See procedures under Art. 5.B.1.A.10.c.4), Common Area.
5) ZLL Setback
A screen enclosure which is not
attached to the privacy wall shall be set back a minimum of four feet from the
ZLL side.
A transmitting and/or receiving
device used for AM/FM radio, television, microwave, telephone, cellular,
personal wireless services, and related forms of electronic communications. This
excludes amateur radio antennas and satellite dish antennas. [Ord. 2017-007]
a. Applicability
Unless an eligible facilities request
for a modification is approved pursuant to Art. 4.B.9.E,
Eligible Facilities Request for Modification, these standards below shall
apply to antennas mounted on roofs, or attached to buildings or legal
billboards (collocations). [Ord. 2006-004] [Ord. 2017-007]
b. Review Process
1) Antennas, excluding whip antennas not exceeding eight feet in
height and six inches in diameter, may be permitted and shall be reviewed as
follows: [Ord. 2017-007]
Table
5.B.1.A – Antenna Review Process
|
|
|
Structure
Height
|
|
|
|
|
<
25’
|
Not permitted
|
Not permitted
|
Building Permit review
|
Not permitted
|
25-45’
|
Development
Review Officer
|
Development
Review Officer
|
Building Permit review
|
Development
Review Officer
|
> 45’
|
Class B
Conditional Use
|
Building Permit review
|
Building Permit review
|
Building Permit review
|
[Ord.
2017-007]
|
2) Building Permit
A Building Permit shall be required
for the installation of all antennas in addition to any other review process. [Ord. 2017-007]
Demonstrate architectural
compatibility (color and/or texture) with the structure on which it is located.
[Ord. 2017-007]
d. Screening
If the antenna is attached to a pole
support structure, the pole shall be concealed by an opaque screen. [Ord.
2017-007]
e. Size Limitations for Panel
Antenna
Each panel shall not exceed a
maximum height of eight feet; maximum depth of four feet; and, maximum width of
four feet. [Ord. 2017-007]
f. Supplemental Application
Requirements
In addition to the requirements
indicated above, plans depicting cross sections or elevations of the panel
attached to the structure shall be provided at the time of submittal of the
application package. [Ord. 2017-007]
g. Setbacks
1) Accessory
Structures
Roof-mounted accessory structures
shall meet a minimum 25-foot setback from the edge of the roof or comply with
the architectural compatibility standards pursuant to Art. 5.B.1.A.12.c,
Architectural Compatibility. [Ord. 2017-007]
2) There shall be no minimum setback required for antennas. [Ord.
2017-007]
h. Whip Antennas
Whip antennas not exceeding eight
feet in height and six inches in diameter shall be permitted in any zoning
district. Whip antennas may be attached to residential structures, utility
poles, etc. Whip antennas, unless attached to a residential structure, shall be
installed at least 50 feet from any existing residential structure. [Ord. 2017-007]
A radio tower for non-commercial electronic communication purposes may
be permitted as an accessory structure to civic, institutional, recreational,
and agricultural uses subject to the following standards:
a. Height
The radio tower shall not exceed 100 feet in height from ground level;
and
b. Setbacks
An accessory radio tower shall be set back a distance equal to the
height of the tower. The radio tower shall be located in such a manner that it
will not fall on any power line.
SFWMD telemetry towers may be considered an accessory use within the
Glades Tier, subject to the following: [Ord.
2014-025]
1) DRO approval of an FSP; [Ord. 2014-025]
2) Located on parcels owned by
the SFWMD or leased from the Board of Trustees of the Internal Improvement
Trust Fund (TIITF) of the State of Florida; [Ord. 2014-025]
3) Height may exceed 80 feet; [Ord. 2014-025]
4) The DRO may approve setback
reductions for property lines or lease tracts within parcels owned by the SFWMD
or TIITF, when it is demonstrated to DRO that the tower will collapse within
the property or the adjoining parcels owned by the SFWMD or TIITF. [Ord. 2014-025]
5) If located within the USA of
the Glades Tier, rezoning for consistency with the parcel’s FLU designation
shall not be required. [Ord. 2014-025]
The following regulations shall be applicable to Government-Owned
Towers providing governmental services, including but not limited to emergency
services. [Ord. 2018-002]
a. New or modification of towers 100
feet or less in height, may be Permitted by Right in any zoning district,
provided the setbacks, separation, and distance between towers is at least 100 percent of
the tower height, unless stated otherwise. All
government towers in excess of 100 feet in height shall be subject to the
standards in Table
5.B.1.A, Antenna Review Process. [Ord.
2018-002]
b. Government-Owned
Towers that do or will support commercial antennas shall be subject to the
approval and Supplementary Use Standards pursuant to Art. 4.B.9 Commercial Communication Towers. [Ord. 2018-002]
Table 5.B.1.A – New, Modified, or
Relocated Government Towers Related to an Emergency (1)
|
Improvement
|
Tower Height
|
|
|
New Tower
|
Towers ≤ 100’
in height that do not comply with Art. 5.B.1.A.14.a, above
|
BCC hearing (3)
|
(5)
|
Towers > 100’
|
Subject to approval in the Use Matrix of Art. 4.B.9, Commercial Communication
Towers (4)
|
Setbacks, separation, and distance between
towers are at least 100 percent of the tower height. (5)
|
Modification
|
Towers > 100’
|
Permitted by Right
|
·
Tower height, base station, and location are
the same as in the original approval; or
·
Subject to the limitations in Art. 4.B.9.E, Eligible Facilities Request
for Modification; or
·
Stealth or Monopole Towers shall comply with
the limitations in Art. 4.B.9.D.1.e.1), Stealth; or
·
Modifications of the tower requires relocation
of the tower on the same parcel and the setbacks, separation, and distance
between towers are at least 100 percent of the tower height.
|
BCC hearing (3)
|
Modification of towers, not subject to the
limitations in Art. 4.B.9.E, Eligible Facilities Request
for Modification,
resulting in setbacks, separation, and distance between towers less than 100
percent of the tower height. (5)
|
[Ord. 2018-002]
|
Notes:
|
1.
|
As defined in Art. 1.H.2.E.13, Emergency. [Ord. 2018-002]
|
2.
|
Applications subject to public hearing
shall comply with and be limited to only the notification requirements in Art. 2.B.5.B, Public Notice and Art. 2.B.5.D, Signs.
[Ord. 2018-002]
|
3.
|
For government entities other than Palm
Beach County, coordination shall be undertaken with the County’s Facilities
Development and Operation Department (FDO) for placement on the next available
BCC meeting or hearing following receipt of a sufficient written request and
fulfillment of required public notification. [Ord. 2018-002]
|
4.
|
A government agency looking to locate a
tower in a prohibited zoning district per Table 4.B.9.A, Commercial Communication
Towers Matrix, may
request BCC approval of the tower as an emergency conditional approval
provided that: [Ord. 2018-002]
·
There are no properties owned by that
government agency that are available within the defined service area in the zoning
districts where towers are allowed; [Ord. 2018-002]
·
The tower is the minimum necessary to
protect the public health, safety, or welfare of PBC residents; and, [Ord.
2018-002]
·
The Applicant makes a presentation to the BCC
at a scheduled meeting or hearing on the merits of the request. [Ord.
2018-002]
|
5.
|
Setbacks, separation, or distance between
towers may be reduced or exempted by the BCC based on findings of fact,
including but not limited to: [Ord. 2018-002]
·
Demonstrate
that the tower is the minimum necessary to maintain the level of service
to protect the public health, safety, or welfare of PBC residents. [Ord.
2018-002]
·
Setbacks,
separation, and distance between towers are the minimum necessary to protect
adjacent uses and structures. [Ord. 2018-002]
·
All setbacks less than 100 percent of the
tower height shall be substantiated by a Registered Engineer in the State of
Florida certifying breakpoint calculations. The breakpoint calculations shall
confirm that should tower failure occur, the failed portion of the tower
shall fall within the property where the tower is located on. [Ord. 2018-002]
|
|
|
|
|
|
Table
5.B.1.A – New, Modified, or Relocated Government Towers Not Subject to an
Emergency
|
Improvement
|
Height or Base Station Area
|
|
|
New Tower
|
≥ 101’ of any tower type
|
Subject to the provisions in Art. 4.B.9, Commercial Communication
Towers (1)
|
Modification
|
Tower height, base station area, and
location are the same as in the original approval
|
Permitted by Right
|
Consistent with the original approval.
|
Replacement of towers, subject to Art. 4.B.9.G.2, Replacement.
|
Modification to tower location
|
Permitted by Right
|
Setbacks, separation, and distance between
towers are at least 100 percent of the tower height.
|
Modifications to the tower height, base
station area, and/or location other than above
|
Subject to the limitations in Art. 4.B.9.E, Eligible Facilities Request
for Modification
|
Stealth or Monopole Tower comply with the
limitations in Art. 4.B.9.D.1.e.1), Stealth
|
All other towers subject to Art. 4.B.9.G.3, Tower Height Increases
|
BCC hearing
|
All other dimensions not noted above shall
comply with Art. 4.B.9.H.5, Type 2 Waiver from
Required Dimensional Criteria.
|
[Ord. 2018-002]
|
Notes:
|
1.
|
A government agency proposing to locate a
tower in a prohibited zoning district per Table 4.B.9.A, Commercial Communication
Towers Matrix, may
request approval of the tower as a Class A Conditional Use. [Ord. 2018-002]
|
|
|
|
|
|
a. Purpose and Intent
The purpose and intent of this Section is to provide for the safe and
effective installation and operation of amateur radio, citizens band radio, and
television antenna support structures, and the beam, satellite, or other
antennas installed on those support structures. It is also the purpose and
intent of this Section to provide for a reasonable accommodation of amateur
radio communications, in accordance with 47 CFR 95 and 97, while reflecting PBC's legitimate interest of protecting and promoting
the health, safety, welfare, neighborhood aesthetics, and morals of its
citizens.
b. Applicability
All amateur and citizens band radio and television transmission and
receiving antennas, including satellite dish antennas, shall be governed by the
standards of this Section.
c. Antennas and Antenna Support
Structures
All antenna support structures and the beam, satellite, or other antenna
installed on those antenna support structures, shall be considered accessory
uses, allowed only in conjunction with a Single Family dwelling, and shall
comply with this Section and Art. 16, Airport Regulations.
d. Use Approval
1) Existing Uses
All antenna support structures and the beam, satellite, or other
antennas installed on these support structures which have been constructed,
installed, and are operational as of February 1, 1990, shall be considered
legal, non-conforming uses which are vested.
2) New Uses
Antenna support structures and their antennas shall be permitted as
accessory uses to residential uses and be reviewed and approved as provided
below:
a) All Lots
A maximum of two antenna support structures and their antennas, 40 feet
or less in height, shall be permitted on any lot. Two additional antenna
support structures and their antennas shall be allowed, one to a maximum of 75
feet in height, and the second to a maximum of 100 feet in height. Additional
support structures or structures that exceed these height limitations shall
require a Class B Conditional Use approval.
b) Permits
All applicable permits shall be obtained.
e. Standards
1) Base Size
The base dimension for each antenna support structure shall be limited
to a maximum five feet in overall width at grade. The foundation for each
antenna support structure shall be no more than one foot above grade.
2) Setbacks
a) Antenna Support
Structure
(1) Location
Antenna support structures shall not be located in the front setback.
(2) Lots Less than
One Acre
Antenna support structures shall be located to comply with the district
setback standards or a minimum of 25 feet, as measured from the center of the
support structure, whichever is greater.
(3) Lots on One Acre
or More
Antenna support structures shall be located to comply with the greater
of the following:
(a) The minimum district setback
standards as measured from the center of the support structure;
(b) 25-foot setback for support
structures and their antennas less than 75 feet in height; or,
(c) A setback of 50 percent of the
height of the support structure and its antenna equal to or greater than 75
feet in height.
(4) All Lots
Antenna support structures shall be located on the property so as to
provide adequate setbacks from above-ground utility power lines other than Applicant’s
service lines as follows:
(a) Set back a minimum distance
equal to 50 percent of the height as calculated from grade to the highest point
of the antenna support structure and its antenna; or
(b) The owner shall submit a
breakpoint calculation certified by a Professional Engineer, or the owner shall
submit the manufacturer’s specifications that demonstrate a clear fall radius.
f. Antennas
In addition to complying with the setback standards, beam array,
satellite, or other antennas shall be mounted so as to provide for removal at
approach of hurricanes, if necessary, or provide for the lowering of such beam.
The antenna or any element thereof shall be set back a minimum of ten feet from
all R-O-Ws, easements, or property under different ownership.
g. Anchors
All peripheral anchors shall be located entirely within the boundaries
of the property. If said supports and anchors are closer than five feet to
property under different ownership, and if such support or anchor extends
greater than three feet above the ground, it shall be effectively screened
against direct view from abutting properties and shall extend no greater than
six feet above ground.
a. Applicability
All satellite dish antennas shall be governed by the standards of this
Section unless exempted below or regulated as part of an amateur radio antenna.
1) Exemptions
a) Residential Uses
Satellite dish antennas 40 inches or less in diameter shall be exempt
from these requirements.
b) Non-Residential
Uses
Satellite dish antennas under 80 inches in diameter shall be exempt from
these requirements.
b. Standards
1) Residential Uses
a) Number
A maximum of one satellite dish antenna over 40 inches in diameter shall
be allowed on a residential lot.
b) Location and
Setbacks
Satellite dish antennas shall be mounted on the wall, ground, or a
support structure in the side or rear yard and shall not be located on a wall
facing the front property line or within an easement.
(1) Setbacks
Satellite dish antennas shall meet setback requirements of the district
as measured from the outermost point of the dish on the side closest to the
applicable setback or property line.
c) Screening
Satellite dish antennas, if located in the side or rear yard, shall be
screened by an opaque fence or hedge.
d) Height
Satellite dish antennas shall not exceed the height limitations of the
district.
2) Non-Residential
Uses
a) Number
No limitation.
b) Location and
Setbacks
Satellite dish antennas shall be wall, roof, or ground mounted, and
shall not be located in the front or side corner yard.
(1) Setbacks
Satellite dish antennas shall meet setback requirements of the district
as measured from the outermost point of the dish on the side closest to the
applicable setback or property line.
c) Screening
Satellite dish antennas shall be completely screened from adjacent
residential districts by an opaque wall (including parapet walls), fence, or
hedge, or combination thereof, pursuant to Art. 5.B.1.A.2, Fences and Walls and Art. 7.D.4.A, Hedges.
a. General
It is the purpose of this Section to allow a limited amount of commercial
uses in certain residential developments which developed prior to the
establishment of planned development regulations in Ordinance No. 73-2 (1973).
Residential developments which meet the criteria in this Section will be
allowed a limited amount of commercial area within the project without Rezoning
to a Planned Development District. It is the purpose of this Section to allow
limited neighborhood-serving commercial uses in residential areas under the
control of an HOA without a commercial FLU designation or rezoning to a
commercial district.
b. Procedure
Residential developments which meet the criteria in this Section may
create a Master Plan showing existing development and the proposed commercial
area. The area shall be subject to approval as a Class A Conditional Use.
c. Criteria
1) Property Owners’
Association (POA)
The application for a NCD shall be submitted by an HOA under the control
of the residents.
2) Minimum
Threshold
The HOA must contain a minimum of 500 units.
3) Location
The NCD shall meet the location criteria for a Commercial Pod in a PUD
in Art. 3.E.2, Planned Unit Development (PUD).
4) Number
A maximum of one NCD shall be permitted for each HOA.
5) Size
A NCD shall not exceed three acres
in area.
6) Limitation
Uses shall be limited to the regulations of the CN district, excluding Real
Estate Sales Offices. [Ord. 2005-041]
a. Number of Bikes
Each bike rack shall accommodate a minimum of five bikes.
b. Multifamily Uses
Multifamily projects with more than 100 units shall provide one bike
rack per 50 units.
c. Commercial Uses
All commercial projects subject to Site Plan approval by the DRO shall
provide one bike rack per 200 parking spaces.
d. Recreation Pod or Neighborhood
Recreation Facility
Shall provide a minimum of one bike
rack. [Ord. 2020-001]
Figure 5.B.1.A – Bike Racks
|
|
a. Applicability
1) Permitted Use
Use of permanent generators shall be permitted during periods of
electrical power outages in utility systems maintained by the utility service
provider or when the BCC declares a State of Emergency. [Ord. 2006-004]
[Ord. 2007-013]
2) CLFs, Clubhouses,
and Skilled Nursing or Residential Treatment Facilities
A permanent emergency generator or alternative power source shall be
required for all assisted living facilities, excluding personal residences
(owner occupied) used as an assisted living facility for five or fewer
residents, nursing homes, intermediate care facilities for people with
developmental disabilities, or transitional living facilities for brain and
spinal cord injury patients, pursuant to F.S. § 400.492 and Rule 59A-8.027, F.A.C., and PDD or TDD clubhouses 20,000 square
feet, or greater. [Ord. 2006-004] [Ord. 2007-013] [Ord. 2021-022]
a) Exemptions
(1) Developments that have a BCC
or DRO-approved plan that graphically indicates a clubhouse(s) shall be exempt
from the generator requirement except for projects that exceed 75 percent or
more of the Improvement Value as stated below. [Ord. 2007-013] [Ord.
2013-001]
(2) Renovations or additions that
do not exceed 75 percent or more of the Improvement Value may be exempt from
these requirements. [Ord. 2007-013] [Ord. 2011-016]
(3) A PDD or TDD clubhouse located
in the Coastal High Hazard Area as defined by the Plan, shall be exempt from
this requirement. [Ord. 2007-013]
(4) A PDD or TDD that has one or
more clubhouses with a generator meeting the requirements of this Section,
shall be exempt for any other remaining clubhouses within the development. [Ord.
2007-013]
b. Standards
1) General
The following standards shall apply to all permanently installed
generators. [Ord. 2006-004]
a) Maximum
Permissible Sound Level
Refer to Art. 5.E.4.B.2, and Table 5.E.4.B, Maximum Sound Levels. [Ord. 2006-004]
b) Screening
Generators that are not located within, or completely screened by a
building, shall be screened from view when adjacent to or visible from a public
R-O-W or parcels with a conservation or residential FLU designation or use. Screening
may include the use of fences, walls or hedges, or a combination thereof. [Ord.
2006-004]
c) Maintenance
Cycle
Generators may be operated for exercising purposes one time per week,
excluding Sundays, for a period not exceeding 30 minutes between the hours of
10:00 a.m. to 5:00 p.m. [Ord. 2006-004]
d) Location and
Setbacks
Generators shall meet the district setback requirements for principal
structures, but shall not be located between the front or side street façade of
a building and a R-O-W or in an easement, unless: [Ord. 2006-004] [Ord.
2007-001]
(1) Encroachment is limited to ten
percent of setback; [Ord. 2007-001]
(2) Where applicable, the Applicant
indicates that an HOA has been notified of the application for Building Permit;
[Ord. 2007-001]
(3) The generator shall be screened
from view from any public rights-of-way or adjacent property lines by an opaque
fence/wall; and, [Ord. 2007-001]
(4) If this criteria cannot be
met, the Applicant may apply for a Type 1 Variance, pursuant to Art. 2.C.5.F, Type 1 Variance. [Ord. 2007-001]
2) Residential
The following shall be applicable to SFD, ZLL, TH, and MF units. [Ord.
2006-004]
a) Number
A maximum of one generator shall be allowed on a SFD, ZLL, or TH lot. A
maximum of one generator per structure shall be permitted for Multifamily
developments, with exception to condominiums, which shall be permitted one generator
per unit. [Ord. 2006-004]
b) Setback
Exceptions
Generators less than four feet in height from finished grade may be
allowed within the required side and rear setbacks in accordance with Table 5.B.1.A, Setbacks for Generators Less
Than Four Feet in Height. [Ord.
2006-004]
3) CLFs, PUD Clubhouses,
Skilled Nursing or Residential Treatment Facilities, and Other Uses Referenced
in Article 5.B.1.A.19.a.2)
Required generators or alternative power source shall have a minimum
operating capacity to provide service for the following: [Ord. 2006-004] [Ord.
2021-022]
a) Essential
Functions
Essential electrical systems within the building, including but not
limited to, exit lighting, emergency lighting, elevators, fire alarm system,
bathroom exhaust fans, and, bathroom hot water heaters. [Ord.
2006-004]
b) General Lighting
Lighting for a minimum of 30 percent of the building’s GFA, including
but not limited to, main meeting or gathering area, hallways, and bathrooms. [Ord.
2006-004]
c) Multi-Purpose
Room
Air conditioning for 30 percent of the building’s GFA including the
largest meeting or gathering room. [Ord. 2006-004]
d) Fuel Storage
Sufficient to operate the generator for the minimum of 72 hours at the
full load capacity. [Ord. 2006-004]
4) Non-Residential
There is no limitation to the number of generators. [Ord. 2006-004]
a. Applicability
This Section shall apply to the installation of improvements associated
with mechanical equipment. [Ord. 2008-037]
1) Location and
Setbacks
a) Setback
Exceptions
Setback exceptions shall be applied pursuant to Art. 3.D.1.D.5, Setback Exceptions. [Ord. 2008-037]
b) Height
Exceptions
Height exceptions shall be applied pursuant to Art. 3.D.1.E.4, Height Exceptions. [Ord. 2008-037]
2) Screening Requirements
a) New and replacement equipment, shall be screened
on all sides by an opaque barrier constructed of materials, and color
compatible with the building or structure, or equivalent landscaping for ground-mounted
equipment, to a minimum height equal to the highest point of the equipment. [Ord.
2006-004] [Ord. 2008-037] [Ord. 2011-016]
b) Exemption
(1) Screening shall not be required
for roof-mounted mechanical
equipment for the following: [Ord. 2006-004] [Ord. 2011-016] [Ord. 2019-005]
(a) if the equipment is less than
one foot in height, measured from the roof deck, and is painted to match the
color of the structure it is attached to or servicing; [Ord. 2006-004] [Ord. 2008-037] [Ord. 2011-016]
(b) for any industrial use with an
industrial FLU designation if adjacent to a parcel with an industrial use and industrial
FLU designation; [Ord. 2011-016] [Ord. 2019-005]
(c) if an existing roof cannot
structurally support additional weight associated with required screening
materials. A certified letter, from a structural Engineer or Architect
registered in the State of Florida, shall be submitted with the applicable
permit substantiating that the roof cannot support the additional weight; or, [Ord. 2008-037] [Ord. 2011-016]
(d) for any industrial use with an industrial FLU designation if the
equipment cannot be viewed from an adjacent R-O-W. A line of sight plan
prepared in accordance with Art. 5.C.1.G.2, Line
of Sight Analysis, shall be submitted with the applicable permit demonstrating
that equipment cannot be viewed from the adjacent R-O-W. [Ord. 2011-016] [Ord. 2012-027] [Ord. 2019-005]
c) Screening
Exemptions
(1) Solar Energy
Systems
Solar Energy Systems, including
Solar Trees, are exempt from the screening requirements. [Ord. 2014-001] [Ord. 2017-025]
(2) Existing Multifamily
Condominium
Replacement of roof-mounted
mechanical equipment located on a Multifamily condominium may be exempt from
new screening requirements, subject to the following: [Ord. 2015-006] [Ord. 2017-025]
(a) Shall not be relocated closer
to the edge of a roof, with exception to the minimum necessary to accommodate
current technology requiring larger equipment, such as a heat pump or high-efficiency
air compressor; and [Ord. 2015-006]
(b) Increase in height shall only
be permitted to accommodate elevated stands required to comply with the
Building Code or upon demonstration that replacement equipment is larger due to
current technology. [Ord. 2015-006]
a. Standards of Approval
Domesticated livestock shall be allowed accessory to a Single Family residential
use on lots a minimum of one acre. [Ord.
2012-027] [Ord. 2023-009]
Pot bellied pigs may be kept as pets in a Single
Family or Zero Lot Line Home, subject to the following: [Ord. 2013-001]
a. Maximum Number
No more than two pot bellied pigs per household are allowed. [Ord. 2013-001]
b. Residence
Pot bellied pigs shall reside within the residence (Single Family or ZLL
Home) of its owner. [Ord. 2013-001]
c. Limitations
The commercial care, boarding or grooming, and the breeding of
domesticated miniature or pot bellied pigs is prohibited. [Ord. 2013-001]
The
use of a Mobile Home shall be prohibited unless stated otherwise in Art. 4, Use Regulations and this Article. [Ord. 2017-007]
Table 5.B.1.A – Mobile Home (1) Applicability
|
Dwelling Unit
|
|
MHPD or Existing Approved Mobile Home Park
(2)
|
Accessory to Bona Fide Agriculture (2)
|
Farm Workers Quarters (2)
|
Caretaker Quarters (2)
|
Watchman Trailer (3)
|
While Constructing a SF Dwelling (3)
|
[Ord. 2017-007]
|
Notes:
|
1.
|
Mobile Home
shall not be used for storage or display.
|
2.
|
Supplementary
Use Standards are indicated in Art. 4, Use Regulations.
|
3.
|
Specific
regulations are stated in this Article.
|
|
|
|
A combustion device used to burn trees and brush. [Ord.
2017-007]
a. Standards
1) Exemptions
The following temporary air curtain incinerators are exempt from the
requirements of this Section: incinerators operating under written approval
from the PBC Health Department in accordance with the “Palm Beach County Open Burning Ordinance” (Ordinance
No. 2005-020); and
incinerators used for the emergency burning of storm-generated debris by a Local
Government. [Ord. 2006-004] [Ord. 2017-007]
2) Storage
Except in the AP Zoning District, on-site outdoor storage of unprocessed
material shall be limited to 45 days. Pile height shall be limited to 15 feet. Outdoor
storage shall be set back a minimum of 25 feet from any property line or 50
feet from any property line adjacent to a residential district or use. Storage
areas shall be screened from view pursuant to this Chapter. [Ord. 2006-004] [Ord. 2017-007]
3) Hours of
Operation
Hours of operation are limited to 8:00 a.m. to 5:00 p.m., Monday through
Friday. The incinerator shall not be charged before 9:00 a.m. and shall be
completely extinguished one hour before sunset. [Ord. 2006-004] [Ord. 2017-007]
4) No Burn Days
The incinerator shall not operate on “no burn days” as designated by the
PBC Fire Rescue Department. [Ord. 2006-004] [Ord. 2017-007]
5) Setback
The incinerator shall be set back a minimum of 1,200 feet from any
property line abutting a residential district or use. [Ord. 2006-004] [Ord. 2017-007]
b. Supplemental Application
Requirements
1) Site Plan
A Site Plan illustrating how the operation functions; circulation routes;
and, square footage, height, and location of buildings, incinerator, and
storage piles. [Ord. 2017-007]
2) Waste
An explanation of the quantity of waste to be received expressed in
cubic yards per day or tons per day. [Ord. 2017-007]
3) Dust Control
A plan which addresses dust control in traffic, storage, and processing
areas. Dust control measures may include: additional setbacks, full or partial
enclosure of air curtain incinerator, and watering or enclosing storage piles. If
facility with an air curtain incinerator also includes chipping, mulching, or
composting, adherence to the Supplementary Use Standards applicable to such use
shall also be required. [Ord.
2017-007]
A remedial system which treats contaminated
groundwater. [Ord. 2017-007]
a. Duration
The length of time a remedial system
may remain on a site shall be determined by ERM. [Ord. 2017-007]
b. Setback
If the Applicant is unable to meet
the property development regulations, in lieu of a Variance, the Zoning
Division shall be authorized to determine the location of the structure and set
necessary conditions for landscaping and screening. [Ord. 2017-007]
Runs applicable to any Kennel use shall
be subject to the following:
a. Fences
Safety fences around the outdoor
runs shall not exceed six feet in height. [Ord.
2017-007]
b. Hedge
If the safety fence is not opaque, a
continuous solid opaque hedge, a minimum of four feet at installation, shall be
provided around the outdoor run. [Ord.
2017-007]
c. Setbacks
1) General
a) Enclosed structures or enclosed runs shall comply with the minimum
setbacks applicable to the principal dwelling unit. [Ord. 2006-036] [Ord.
2017-007]
b) Outdoor runs or non-enclosed structures shall not be located
within 25 feet of any property line. [Ord. 2006-036] [Ord. 2017-007]
2) Hobby Breeders
Outdoor runs or non-enclosed
structures used by hobby breeders shall not be located within 50 feet of any
property line adjacent to a residential district or 25 feet of any property
line adjacent to a non-residential district. [Ord. 2006-036] [Ord.
2017-007]
d. Guard Dog Shelter Exemption
Adequate shelter required by ACC for
any guard dog registered in accordance with ACC Ordinance
No. 98-22 may be allowed in any zoning district. A shelter for a permanent
on-site guard dog, associated with guard duty, shall be exempt from the setback
requirements of this Section when adjacent to non-residential zoning districts
or uses. [Ord. 2008-036] [Ord. 2017-007]
Accessory Solar Energy Systems may
be allowed as an accessory use, subject to the following: [Ord. 2017-025]
a. Incidental and Subordinate
Applications for the installation of
an accessory Solar Energy System shall include documentation from the
manufacturer, architect, engineer, or contractor performing installation,
verifying the system is the maximum necessary to meet on-site energy usage. This
limitation does not prohibit the use of net metering where permitted. [Ord. 2017-025]
b. Collocation with Buildings
Solar Energy Systems are classified
as mechanical equipment, and may be placed on principal or accessory buildings,
including those permitted within a front or side street yard. [Ord. 2017-025]
c. Standards for Other Structures
Solar Energy Systems installed on
other structures shall be limited to the side or rear yard in accordance with
the Standards of this Chapter, except as follows: [Ord. 2017-025]
1) Exception
Where the conditions of the side or
rear yard prohibit installation, a Solar Energy System may be installed in the
front or side street yard, subject to the following: [Ord. 2017-025]
a) Structures greater than six feet in height shall meet the minimum
setbacks for the district. Structures less than six feet in height may be
permitted within required setbacks, but in no case shall the system be located
within 25 feet of the property line; and [Ord. 2017-025]
b) The system is completely screened from view from any other parcel
or R-O-W through use of landscaping, fences, or walls. [Ord. 2017-025]
2) Solar Trees
A Solar Energy System installed on a
structure intended to provide shade, provide for public art, or other similar
function, may be allowed provided that the structure complies with setbacks,
does not adversely impact any required or preserved landscaping, be placed so
as to conflict with any vehicular or pedestrian circulation system, nor shade
more than ten percent of any Open Space area. [Ord. 2017-025]
3) Associated Solar
– with Mechanical Structures
Where used to power electric gates,
environmental monitoring stations, street lights, or other similar, provided
the solar panel does not exceed a maximum of four square feet, and all
electrical cables or equipment are hidden within the structure. [Ord. 2017-025]
d. Incorporation of Solar in
Vehicular and Pedestrian Surfaces
The incorporation of Solar Energy
Systems into any parking lot, sidewalk, bike path, or similar surface, shall be
exempt from any setback or front or side street yard limitation. [Ord. 2017-025]
This Section is intended to
facilitate the placement or construction of structures or facilities that are
temporary. These structures or facilities are utilized to ensure the health,
safety, and welfare of the public from natural or pending disasters; or
construction staging activities for infrastructure improvements. Typical uses may include: fire
stations, hurricane shelters, utility facilities, or construction staging
areas. [Ord. 2011-001] [Ord. 2018-002] [Ord. 2019-005]
Emergency or temporary structures
shall be subject to the approval by the DRO through a ZAR process. The ZAR
process may be waived by the Executive Director of PZB or designee as stated
below: [Ord. 2018-002] [Ord. 2019-005]
a. Emergency Structures
The
Executive Director of PZB may waive the ZAR process, and authorize the
issuance of a Building Permit for the temporary structure upon determination
that a public emergency, pending natural disaster, or actual natural disaster
exists. [Ord. 2011-001] [Ord. 2018-002] [Ord. 2019-005]
b. Temporary Structures
The Zoning
Director may require a PAC with the DRO in order to seek input from the various
County Agencies on the temporary structure or staging area, or may seek
direction from the BCC through an AI pursuant to Art. 2.C.8.B, Administrative Inquiry (AI). The Zoning
Director shall consider documentation from the Applicant and any other input
from County Agencies before issuance of a DO. [Ord. 2011-001] [Ord. 2011-016] [Ord. 2017-007] [Ord. 2018-002] [Ord. 2019-005]
1) Duration
The
DO shall be valid for up to a period of six months from date of issuance, with
one three-month extension by the Zoning Director. The BCC may extend the
timeframe through an AI by the Zoning Director. [Ord. 2011-001] [Ord. 2018-002]
2) Construction Staging Areas for Rights-of-Way
(R-O-W)
In
addition to the requirements listed above, the following shall apply to those
construction staging areas located on or adjacent to residentially zoned
parcels. [Ord. 2008-003] [Ord. 2018-002]
a) Hours of Operation
Activity
on the site shall not commence prior to 7:00 a.m. and must be completed prior
to 10:00 p.m. A Type 1 Variance may be applied for to request modification from
this provision. [Ord. 2008-003] [Ord. 2018-002]
b) Setbacks or Separations
Stored
materials shall not be located within the required minimum district setback. [Ord.
2008-003] [Ord. 2018-002]
c) Screening
Temporary
screening material, a minimum of five feet in height and 85 percent opacity
shall be provided around the perimeter of the staging area, adjacent to residential
uses, to mitigate visual impact. [Ord. 2008-003] [Ord. 2018-002]
d) Dust Control
Appropriate
measures shall be taken, pursuant to Health Department requirements, to control
dust or other airborne particulate matter. [Ord. 2008-003] [Ord. 2018-002]
e) Exceptions
Projects
with a duration of 30 days or less shall be exempt from the requirements of
this Section. [Ord. 2008-003] [Ord. 2018-002]
The
purpose of this Section is to supplement regulations for temporary structures
pursuant to the latest edition of the Florida Building Code, Building Section 108,
Temporary Structures and Uses,
and Section 3103, Temporary Structures. If there is a conflict between this
Section and the provisions of the Florida Building Code, as amended, the latter
shall apply. Temporary structures may be temporarily located on a property to
facilitate the construction or development of an approved project, or for a Temporary
Use. [Ord. 2019-005]
Temporary
structures may include, but are not limited to the following: trailer, shipping
container, or construction fence. Temporary structures may be utilized for
residential and non-residential related activities, except for tents. Tents may
be utilized for non-residential activities only. All temporary structures shall
be subject to the following, except stated otherwise: [Ord. 2019-005]
a. Residential
Temporary
structures may be utilized for on-site security, or as a temporary dwelling
while a Single Family residence is under construction, and may be allowed only
in the AR Zoning District in the Rural Service Area (AR/RSA). No additions
shall be allowed except for awnings and demountable screen panels, stairs,
decks, and trellises. Construction fences shall be exempt from the above
limitations. [Ord. 2017-007] [Ord. 2019-005]
b. Non-Residential
Temporary
structures may be utilized as an office for professions who are actively
involved on the construction site; or for the storage of goods or equipment, or
to accommodate employees and business operation during the construction or
renovation of a permanent structure. [Ord.
2019-005]
All
temporary structures or construction fences that are listed in this Section may
be subject to Building Permit approval process or applicable State law. The
Building Division shall determine which permits would apply at the application
submittal. The application may be submitted concurrently with other permit
applications for permanent or temporary structures. The applications may be
forwarded to the Zoning Division or other County Agencies for review. [Ord. 2019-005]
a. Concurrent
Applications
A
permit for the temporary structure shall be submitted concurrent with the
permit application for the permanent structure. [Ord. 2019-005]
b. Plans
or Survey
The
Applicant may utilize a plan or the most current survey of the property to
indicate the location of the proposed temporary structures to demonstrate
compliance of the requirements in this Chapter or any other applicable codes or
Conditions of Approval. [Ord. 2019-005]
c. Agency
Approval
Sanitary
sewage facilities and potable water wells may be required for certain temporary
structures by the governmental agencies having appropriate jurisdiction,
permits, and inspections for the installation. If applicable, the approval must
be obtained from the PZB Department and Health Department. [Ord. 2017-007] [Ord. 2019-005]
Temporary
structures shall be subject to the following additional requirements, where
applicable: [Ord. 2019-005]
a. Placement
or Erection of Temporary Structure
Temporary
structure may only be placed or erected on the site after or concurrent with
the issuance of a demolition permit or a Building Permit for land development
activities, subject to the approval of the Building Division. [Ord. 2019-005]
b. Duration
The
temporary structure shall remain on the property only for the length of time
necessary to construct a permanent structure. [Ord. 2019-005]
c. Location
The
structure and related parking shall be located on the site so as not to
interfere with access to developed areas or areas under construction. A
Watchman Trailer and required parking shall be allowed to be located in areas
under construction. [Ord. 2019-005]
d. Setbacks
Setbacks
shall be in accordance with Table 3.D.1.A, Property Development
Regulations, and the
applicable zoning district in which the property is located. [Ord. 2019-005]
e. Construction
Fence
All
construction sites shall be enclosed and secured by a continuous fence at least
six feet in height and shall be installed in accordance with the Florida
Building Code. All fences installed pursuant to this Section shall be subject
to the visibility at intersections requirements of Art. 11.E.9.C, Minimum Safe Sight Distance
and Corner Clips at Intersection
of this Code. [Ord. 2019-005]
f. Parking
Parking
to serve the temporary structure shall be within the construction site. [Ord. 2019-005]
g. Removal
The
temporary structure shall be removed from the site after issuance of the final Certificate
of Occupancy (CO) or a Certificate of Completion (CC) of the permanent structure,
unless a time extension is granted by the Building Official. Construction
fences may be required to remain or be installed for safety purposes after the
construction ceases. [Ord. 2019-005]
Portable
storage containers may be used for the temporary storage of goods for residential
uses subject to the following requirements, and shall be exempt from the Zoning
Division and Building Permit review: [Ord. 2017-025] [Ord. 2019-005]
a. A maximum of one
container 16 feet in length, eight feet in width, and eight feet in height may
be allowed, for no more than two times a year for a maximum of 15 days each
time; [Ord. 2017-025]
b. Shall be located on
driveways not to overlap easements, sidewalks, or R-O-W; [Ord. 2017-025]
c. Shall be set back a
minimum of seven and one-half feet from the side property lines, except where
no other driveway areas are available, the setback may be reduced subject to
the dimensions in Art. 6.B.3.A.2.a.3)a)(1)(a), Local or
Residential Access Streets;
and, [Ord. 2017-025]
d. Code Enforcement
Division shall utilize the above requirements for any citation of violations. [Ord. 2019-005]
A type of use that allows a flexible amount of retail, office, and
industrial space in one structure located on parcels with an Industrial (IND),
Economic Development Center (EDC), or Commercial High (CH) Future Land Use (FLU)
designation, that are directly related to the principal use. [Ord. 2010-005]
Applications for flex space shall be reviewed pursuant to Art. 2, Application Processes and Procedures, in addition to one of the following
options: [Ord. 2010-005]
a. Option 1 – Uses requiring BCC
approval shall be subject to the applicable review process pursuant to Art. 2.B.7, Types of Applications. The Applicant shall identify the portion of the building designated
for flex space on the Site Plan. All other uses subject to an administrative
review process shall be permitted in the BCC-approved building. [Ord. 2010-005] [Ord. 2017-007]
b. Option 2 – Uses requiring DRO
approval shall be subject to the review process pursuant to Art. 2.C, Administrative Processes. The Applicant shall identify the portion of the building designated
for flex space on the Site Plan. All other uses subject to the Building Permit review
process shall be permitted in the DRO-approved building. [Ord. 2010-005]
c. Option 3 – Uses subject to the
Building Permit review process may occupy a bay or the entire building as long
as they comply with the applicable Supplementary Use Standards and additional
ULDC requirements (parking, signage, etc.). The Applicant shall identify the
portion of the building designated for flex space on the Site Plan. The Applicant
has the option of applying flex space provisions to a specific bay in the
building or having the entire building (single-use tenant) dedicated to flex
space. The Applicant shall submit the Building-approved Site Plan to the Zoning
Division for informational purposes indicating the area designated as flex
space and demonstrating that the overall site is in compliance with the
applicable ULDC regulations. [Ord.
2010-005]
a. CH FLU
Flex space located on parcels with a CH FLU shall be permitted to have
the following mix of uses: a minimum of 50 percent industrial, not to exceed 75
percent, with the balance consisting of office or retail. [Ord. 2010-005]
b. IND or EDC FLU
Flex space located on parcels with an IND FLU shall be permitted to have
the following mix of uses: a maximum of 30 percent retail, with the balance
consisting of industrial. [Ord.
2010-005] [Ord. 2017-007]
c. Parking and Loading Requirements
1) CH FLU
Parking shall be calculated at the rate of three spaces per 1,000 square
feet of floor area. [Ord. 2010-005]
2) IND FLU
Parking shall be calculated at the rate of two and one-half spaces per 1,000
square feet of floor area. [Ord.
2010-005]
3) Reserve Parking
or Parking Covenant
a) Additional parking shall be
reserved on site in the event that the flex space is converted back to regular
commercial or industrial use, the minimum requirements based upon the proposed
use as indicated in Table 6.B.1.B, Minimum Parking and Loading
Requirements; or [Ord.
2010-005]
b) A restrictive parking covenant
informing current and future owners of the required parking requirements for
the uses. If the flex space is converted at a future date the site must comply
with the minimum parking requirements based upon the use as indicated in Table 6.B.1.B, Minimum Parking and Loading
Requirements prior to Final
DRO or Building Permit approval, whichever is applicable. In the event the on-site
parking is not sufficient for the proposed use or parking spaces cannot be
accommodated on the site, the owner shall be limited to uses that generate
parking consistent with existing parking. The covenant shall be submitted to
the Zoning Division for County Attorney review and approval at the time of Final
DRO or Building Permit application. The approved covenant shall be recorded in
the Office of the Clerk of the Circuit Court of PBC, and a copy of the approved
and recorded covenant shall be submitted to the Zoning Division prior to
issuance of a Building Permit. [Ord. 2010-005]
d. Thresholds
Proposed flex space uses shall comply with the established review
thresholds pursuant to Table 4.A.9.A, Thresholds for Projects
Requiring DRO Approval, and
Table 4.A.9.B, Thresholds for Projects
Requiring Board of County Commissioners Approval. [Ord.
2010-005]
The uses indicated in the Table
below, may utilize flex space provisions pursuant to the applicable approval
process indicated in Review Process above. [Ord. 2017-007]
Table 5.B.1.D – Uses
Allowed as Flex Space Component
|
|
|
Retail Sales (1)
|
Contractor
Storage Yard (2)
|
Manufacturing
and Processing (2)
|
Warehouse (2)
|
Wholesaling (2)
|
[Ord.
2017-007]
|
Notes:
|
1.
|
Flex space use to be
allowed in IND or EDC FLU designation subject to DRO approval.
|
2.
|
Flex space use to be
allowed in CH FLU designation subject to Class A Conditional Use approval.
|
|
|
|
The purpose of these guidelines is to
encourage development to contribute to PBC as a unique place by enhancing the
built environment. These guidelines are intended to ensure that new development
and redevelopment will be compatible with the surrounding area and enhance the
appearance of the local community.
This Chapter shall apply to the
following projects, buildings, and related signs:
a. All non-residential projects
or buildings requiring approval by the BCC or ZC; [Ord. 2006-036]
b. All non-residential projects
or buildings requiring approval by the DRO in accordance with the Use Matrices
in Art. 4, Use
Regulations, and Table 3.D.1.A, Property Development
Regulations, or those
exceeding the thresholds in Table 4.A.9.A, Thresholds for Projects Requiring
DRO Approval; [Ord.
2006-036] [Ord. 2017-007]
c. Multifamily buildings with
more than 16 units or three or more stories; [Ord. 2006-036] [Ord. 2009-040]
[Ord. 2010-005]
d. Substantial renovations of
existing built projects or buildings meeting the threshold of this Chapter; and,
[Ord. 2006-036]
e. The following uses, regardless
of building size: [Ord. 2006-036]
1) Heavy or Light Repair and
Maintenance; [Ord. 2006-036] [Ord. 2012-027] [Ord. 2017-007]
2) Retail Sales for automotive
parts and accessories; [Ord. 2006-036] [Ord. 2012-027] [Ord. 2017-007]
3) Type 1 Restaurants with drive-through
requesting location criteria exception pursuant to Art. 4.B.2.C.32, Restaurant, Type 1; and, [Ord.
2012-027] [Ord.
2017-007]
4) Type 3 CLF. [Ord. 2017-007]
Mixed-use development that includes a combination of residential and one
or more non-residential uses that do not trip the thresholds listed above,
shall comply with the following guidelines to ensure the project is vertically
or functionally integrated: [Ord. 2006-036]
a. Art. 5.C.1.H.1.a, General; [Ord. 2006-036]
b. Art. 5.C.1.H.1.d, Entries; [Ord. 2006-036]
c. Art. 5.C.1.I.3.d, Pedestrian Amenities; and, [Ord. 2006-036]
d. Art. 5.C.1.I.3.b.4), Covered Walkways. [Ord. 2006-036]
3. Any mixed-use project in the
WCRAO. [Ord. 2006-004]
1. Agricultural or industrial
buildings not visible from a public street or residential zoning district.
2. Buildings which are exempt
from local Building Permits or government review pursuant to State of Florida
or Federal Statutes.
3. Recreational buildings and
accessory structures within a PUD or a Standard Zoning District. [Ord. 2009-040]
4. Primary and secondary building
frontages within a TMD, and buildings in the NRM, NG, and NC Sub-areas of the
WCRAO that have a side setback of less than 15 feet, shall be exempt from the
requirements of Art. 5.C.1.H.1.c.1)a), Recesses/Projections. [Ord. 2005-041] [Ord. 2006-004]
5. Palm Beach County Water
Utility Facilities which are not visible from a public street or residential zoning
district or are limited access, high security facilities not open to the
general public. [Ord. 2007-013]
6. All of the uses/features
(except for parapet screening of mechanical equipment) noted in the height
exceptions in Art. 3.D.1.E.4, Height Exceptions, are also exempt from architectural
requirements. These uses/features include: [Ord. 2007-013]
a. Tanks; [Ord. 2007-013]
b. Water towers; [Ord.
2007-013]
c. Cooling towers; [Ord.
2007-013]
d. Miscellaneous, unoccupied
utility support structures of 1,000 square feet or less (proposed addition to
list). [Ord. 2007-013] [Ord. 2017-025]
These guidelines shall apply to all previously approved projects as a
BCC or ZC Condition of Approval as part of a DOA or Status Report. Previously
approved architectural Conditions of Approval shall remain in full effect
unless amended by the BCC or ZC. Non-residential projects previously approved
by the BCC or ZC shall comply with Art. 5.C.1.H.1.a, General. [Ord. 2006-004]
These guidelines shall not apply to projects
or buildings which have a previously approved Site Plan by the DRO, unless
within a PDD or for any use specifically identified within Art. 4.B, Use Classification. Non-residential
projects previously approved by the DRO or ZC shall comply with Art. 5.C.1.H.1.a, General. [Ord.
2006-004]
These guidelines shall supplement architectural
requirements of an Overlay District, Neighborhood Plan, or other applicable
regulations. In case of a conflict, the more strict regulation shall apply.
PZB shall review all applicable buildings
for compliance with this Chapter during the Building Permit or Zoning review
process, and provide a written determination of compliance with the
requirements of this Chapter. An application submitted for any type of review
process listed below may apply for Type 2 Waiver for a Unique Structure
designation or Type 2 Variance, pursuant to Art. 2.B.7, Types of Applications: [Ord.
2009-040] [Ord. 2017-007]
An Applicant or PBC may request review for compliance with this Chapter
in accordance with any one of the following methods: [Ord. 2005-002]
a. Type 1 – Projects Requiring BCC
Approval
A request for a determination of compliance with the requirements of
this Chapter may be submitted with the application. A written determination of
compliance with this Chapter shall be made in the Staff Report containing the
recommendation for the Development Order. The request for a determination shall
be submitted no less than 30 days prior to the public hearing. [Ord.
2005-002] [Ord. 2009-040]
b. Type 2 – Projects Requiring ZC
Approval
A request for a determination of compliance
with the requirements of this Chapter may be submitted with the ZC application.
A written determination of compliance with this Chapter shall be made in the Staff
Report containing the recommendation for the Development Order. The request for
a determination shall be submitted no less than 30 days prior to the ZC public
hearing. [Ord. 2009-040]
c. Type 3 – Projects Requiring DRO
or Site Plan Approval
A request for a determination of compliance
with the requirements of this Chapter may be submitted with the original DRO or
Site Plan approval application. A written determination of compliance with this
Chapter shall be made in the comment letter regarding the Development Order for
the project. The request for a determination shall be included in the initial
DRO application. [Ord. 2009-040]
d. Type 4 – Projects Requiring
Building Permit Approval
Buildings requiring a Building Permit only
shall be reviewed for compliance through the standard Building Permit review
process. The request for a determination shall be submitted prior to or
concurrent with the Building Permit application. [Ord. 2009-040]
a. Purpose and Intent
To recognize structures that comply with the definition in Art. 1.H.2.A.76.m, Unique Structure, that by the nature of their: scale,
massing, proportion, rhythm, style, harmony, order, balance, etc., warrant a
special designation. PBC has diverse architectural styles in the various tiers
that are reflective of the historical evolution of the community. The
architecture guidelines were established to preserve and enhance those
communities through common building design elements. The allowance for Unique Structures
will continue to foster preservation of key design elements while recognizing
new and creative design and materials. An Applicant may apply for Unique
Structure designation pursuant to Art. 2.B.7.D, Type 2 Waiver, for any of the types of review outlined in Art. 5.C.1.E, Review Process. A Unique Structure designation will require the Applicant to clearly
demonstrate that by complying with the standard architectural guidelines in Art. 5.C.1.H, Guidelines, the overall design would be compromised. A structure classified as
unique does not have to apply for Variances, but shall comply with the
standards in Art. 2.B.7.D.4, Standards for a Unique
Structure. The Unique
Structure process shall not be requested if the Applicant can seek Variances in
Art. 2.B.7.E, Type 2 Variance. [Ord.
2009-040] [Ord. 2011-001]
b. Applicability
An Applicant seeking a Unique Structure designation shall submit the
request on forms specified by the PBC Official responsible for reviewing the
application, pursuant to Art. 5.C.1.F, Application Requirements. [Ord. 2009-040]
c. Review Process
The Unique Structure shall be reviewed
pursuant to Art. 5.C.1.E,
Review Process and Art. 2.B.7.D.4,
Standards for a Unique Structure. Staff shall review the request and prepare
a staff report for approval, approval with conditions, or denial to the Zoning
Commission. The Zoning Commission will make a finding and recommendation to the
BCC that the request is consistent with the required Standards. The BCC shall
make the final decision to approve, approve with conditions, or deny the
designation of Unique Structure. [Ord. 2009-040]
a. Purpose and Intent
To encourage and promote the design and construction of Green Architecture.
This Section provides for Type 1 Waivers from the architecture design
guidelines, provided the Applicant can achieve the minimum points necessary to
be classified as Green Architecture. In order to design sustainable
architecture, certain allowances for Type 1 Waivers in Art. 5.C.1.H, Guidelines, need to be recognized and allowed if minimum standards are met. The
provisions in Table 5.C.1.E, Green Architecture
Designation Rating Program,
provide alternative design solutions to achieve Green Architecture while still
complying with the general intent of the architecture guidelines. [Ord. 2009-040] [Ord. 2012-027]
b. Applicability
An Applicant proposing to utilize the Green Building Architecture Waiver
provisions for the construction of new or structurally renovated buildings
shall be required to comply with the following: [Ord. 2009-040]
1) Submit an application as
required in Art. 5.C.1.F, Application Requirements, [Ord.
2009-040]
2) Comply with the review process
outlined below in Art. 5.C.1.E.3.c, [Ord.
2009-040]
3) Comply with the requirements
outlined in Table 5.C.1.E, Green Architecture
Designation Rating Program.
[Ord. 2009-040]
The Green Architecture designation application shall be reviewed and
approved, approved with conditions, or denied in conjunction with one of the
review processes outlined in Art. 5.C.1.E, Review Process. The Registered Architect shall complete the required Zoning
application, which will require compliance with Table 5.C.1.E, Green Architecture
Designation Rating Program.
[Ord. 2009-040] [Ord. 2011-016]
1) Calculating
Points
The Registered Architect shall be responsible for calculating the total
points obtained for requirements listed in Table 5.C.1.E, Green Architecture Designation
Rating Program. For any
requirement that does not have specific qualitative and/or quantitative
measurements, the Registered Architect shall refer to the USGBC Green Building
Council rating system to determine acceptable national measurements. In order
for the Zoning Director to grant the Green Architecture designation, the Applicant
shall obtain a minimum of 30 out of a total of 50 points from Table 5.C.1.E, Green Architecture
Designation Rating Program.
The Applicant may choose one or any combination of these categories to achieve
the minimum 30-point requirement. If a minimum of 30 points cannot be achieved,
then the architecture shall comply with Art. 5.C.1.H, Guidelines. The Registered Architect of the building shall be required to monitor
the building construction until final Certificate of Occupancy to ensure
compliance with the Green Architecture approval. [Ord. 2009-040]
Table 5.C.1.E – Green Architecture
Designation Rating Program
|
|
|
|
|
|
|
*
|
Flat planted green roof for cooling and
stormwater management on a minimum of 50 percent of the roof area.
|
2
|
|
*
|
30 percent of the gross area of the roof
surface is planted with vegetative plants.
|
2
|
|
*
|
Roof that incorporates clear story
glazing, solar tubes, and/or light wells.
|
1
|
|
*
|
Roof that incorporates energy strategies
(photovoltaic solar panels; solar thermal panels for hot water) and specific
slopes related to the sun’s solar path through the sky.
|
1
|
|
*
|
Roof that incorporates thermal chimneys as
passive cooling devices.
|
1
|
|
*
|
Roof that is designed to harvest rain water
for non-potable uses.
|
1
|
|
*
|
Roof materials that are highly reflective
(light colored standing seam metal; white single membrane for flat roofs and
green planted roofs).
|
2
|
|
*
|
Roof materials that have a Solar Reflectance
Index of 78 for low-sloped roof and 29 for steep-sloped roof for a minimum of
75 percent of the roof surface (refer to the USGBC for roof type, slope, and
reflectance/emittance information).
|
2
|
|
|
|
|
|
|
|
*
|
The building exterior design treatments
vary based on the orientation related to the sun (south façade might have an
expanse of glazing and shading devices and light shelves; east and west façade
have a limited surface area with a small amount of glazing area; north façade
opens to allow the cool north daylight to enter the facility).
|
5
|
|
*
|
Building form takes on natural shapes that
relate to the solar system.
|
5
|
|
|
|
|
*
|
The building shape, form, and orientation
take advantage of the sun’s path across the sky (innovative building forms
inspired by nature; building forms are shaped to harvest daylight; building
forms are shaped to harvest solar energy from photovoltaic panels for the
generation of electric and heat energy for solar water systems).
|
5
|
|
*
|
The following typical architectural
features or details such as: windows, awnings, covered arcades, sills,
shutters, relief’s trims, columns, pilasters, quoins, reveals, cornices,
horizontal banding, arches, decorative vents, and/or accent tile, shall be integrated
into the façade to avoid blank walls.
|
N/A
|
|
|
|
|
*
|
Achieve a minimum glazing factor of two
percent in a minimum of 75 percent of all regularly occupied areas.
|
4
|
|
*
|
The building has an expanse of glazing and
permanent shading devices and light shelves to harvest daylight.
|
4
|
|
*
|
The use of high performance glazing and/or
automatic photocell-based controls.
|
4
|
|
|
|
|
*
|
All public entries are easily identifiable
and integrated into the building architecture.
|
N/A
|
|
*
|
Each freestanding principal structure does
have a minimum of one clearly defined primary public entrance feature and
does incorporate a minimum of one primary entry feature design element such
as: canopies, porte-cochère,
or porticos; wall recess or projection a minimum of 12 inches in depth;
covered arcades, a minimum of eight feet clear in width; peaked roof forms;
arches, columns, or pilasters.
|
N/A
|
|
*
|
A minimum of one secondary decorative
treatment has been provided such as: overhangs, cornices, and eaves;
decorative moldings or trims around windows and doors; covered public outdoor
patio or plaza incorporated with entry area which are not part of a tenant
space; special pavers, bricks, decorative concrete, or other similar pavement
treatment; architectural details, such as tile work or moldings.
|
N/A
|
|
|
|
|
*
|
Specialty coatings such as: radiation
control and anti-corrosive paint.
|
3
|
|
*
|
The use of light colored reflective paint.
|
3
|
|
|
|
|
*
|
Minimum of 50 percent of non-hazardous
building construction materials, components, and demolition debris is reused,
recycled, or salvaged.
|
2.5
|
|
*
|
Minimum of five percent of the sum, based
on cost of the total value of building materials, with recycled content are
used and permanently installed. Mechanical, electrical, and plumbing
components and specialty items.
|
2.5
|
|
Notes:
|
N/A
|
No points are allocated for these requirements.
If the Registered Architect can demonstrate these Code requirements, if
applied would conflict with Green Architecture, Waivers may be granted. [Ord.
2009-040]
|
d. Appeals
If the application is denied, the Applicant may appeal the decision to
the Zoning Commission in compliance with the standards of Art. 2.C.5.G, Type 1 Waiver. [Ord. 2011-016] [Ord. 2012-027]
Minor amendments to BCC or ZC-approved Architectural
Elevations pursuant to Review Types 1 and 2 may be approved by the Zoning
Director provided the changes do not reduce compatibility with surrounding
properties. Changes shall be limited to the following: [Ord. 2009-040]
a. A maximum increase of 25
percent or ten feet in overall building height, from finished grade to highest
point, whichever is less;
b. Modifications to the
architectural composition which are equal to or enhance the approved elevation;
and,
c. Modifications to ensure
consistency with this Chapter.
The application form and requirements for
Architecture Review, including Unique Structure and Green Architecture shall be
submitted on forms specified by the PBC Official responsible for reviewing the
application. All application documents shall be consistent with the Technical
Manual. [Ord. 2009-040]
A Visual Impact Analysis shall be submitted
with the chosen method of review only for projects or buildings which are
contiguous to a public street or to a residentially zoned property. The Visual
Impact Analysis shall be prepared and certified by a design professional and
include:
An assessment of the natural and man-made
environments surrounding the proposed building utilizing a minimum of four
views taken from the subject property of all contiguous public streets and/or
residentially zoned properties and one aerial photograph with the proposed
building superimposed on the site.
A line of sight analysis of the proposed
building in relation to the surrounding area. This may be accomplished by
submitting a two-dimensional cross section(s) of the site showing the proposed
building elevations in relation to contiguous public R-O-Ws and residentially
zoned properties.
A written description by the design
professional of the prevalent architectural character of the surrounding area,
or desirable architectural character, if no prevalent architectural character
exists. If a prevalent architectural character does not exist, the use of
architectural styles such as Spanish Eclectic, Mediterranean Revival, Florida
Vernacular, or Bermuda/Island is encouraged.
A written description by the qualified
design professional that the Visual Impact Analysis indicates that the
architectural composition of the proposed project or building creates focal
points in scale with the pedestrian environment, and complements or enhances
existing structures in the surrounding area.
The following guidelines shall apply to all non-residential projects or
buildings that meet the threshold in Art. 5.C.1.B, Threshold, and are not exempt in Art. 5.C.1.C, Exemptions: [Ord. 2005-002]
An overall unified architectural character and image shall be created by
the use of common elements such as consistent forms, colors, materials, and
details. Similar, but not identical, architectural treatment between pods
within a multi-pod project may be permitted to allow diversity within the
project.
1) Similar architectural
composition and treatment shall be provided on all sides of each building
contiguous to or visible from a public street or residential zoning district. [Ord. 2009-040]
2) Outparcels and accessory
buildings within a project shall be constructed of compatible materials, color,
and character as the principal building.
b. Roofline
The roofline along each elevation shall
incorporate a minimum of one design feature each from Table 5.C.1.H,
Primary Roof Design Element, and Table 5.C.1.H,
Secondary Roof Treatment, below. The same features are not required on each
elevation.
Table 5.C.1.H – Primary Roof Design
Element
|
a.
|
Articulated parapet along 30 percent of
the roofline for each elevation. (1)(2)
|
b.
|
Pitched roof with minimum 12-inch
overhanging eaves.
|
c.
|
Two or more plane breaks or slopes per façade
elevation.
|
d.
|
Any combination of the above.
|
Notes:
|
1.
|
Parapet length used as part of wall
signage shall not be counted as articulation.
|
2.
|
Maximum spacing between articulation = 100
feet. Spacing may vary for recognized architectural styles such as Art Deco,
which cannot comply with this requirement.
|
Table 5.C.1.H –
Secondary Roof Treatment
|
|
a.
|
Decorative roof
details, such as dormers, cupolas, rafter tails, balconies, terraces, or
exposed beams.
|
b.
|
Cornices with
decorative moldings.
|
c.
|
Pediments,
porticos, architectural features at entryways, or decorative towers.
|
|
|
|
c. Façade
The front, side, and rear façades, if contiguous to a public street or
residential zoning district of every building, shall incorporate recesses,
projections, and architectural elements such as columns, arches, etc., as
provided below:
1) Required Design Elements
All applicable façades, unless exempted
above, shall meet the following standards:
a) Recesses/Projections
Façades greater than 50 feet in length shall incorporate recesses and
projections a minimum of 12 inches in depth along a minimum of 20 percent of
the total length of the façade. The recesses or projections shall be
distributed along the façade with a maximum spacing of 100 feet between each
recess or projection. Façades with four or more bay doors may exclude the
combined length of the bay doors from the total façade length.
b) Walls
Blank walls shall not exceed ten feet in height or 20 feet in length.
Control and expansion joints shall constitute a blank wall, unless used in a
decorative pattern with varied materials or textures and spaced a maximum of
ten feet on center. Relief and reveal depth shall be a minimum of three-quarters
of an inch.
c) Storefronts
Individual ground-level retail uses with exterior public access that are
part of a larger freestanding building, other than regional commercial
facilities, shall have display windows along a minimum of 20 percent of the façade
length. Windows shall be defined with details such as frames, sills, shutters,
planters, relief trims, or lintels. Storefront design, relief features, and
decorative treatments shall complement contiguous storefronts.
2) Additional
Design Elements
In addition to Art. 5.C.1.H.1.c.1), Required Design
Elements, the front and
side façades shall include a minimum of one of the following design elements:
a) Exterior
Treatment
The exterior treatment of the front elevation shall consist of a minimum
of two different building materials, textures, or finishes at a ratio of a
maximum of 80 percent for the primary treatment and a minimum of 20 percent for
the secondary treatment. Exterior finishes such as stucco, brick, wood,
coquina, or cut stone are encouraged. The surfaces of multiple exterior
storefronts within a building, except regional commercial facilities, shall
compliment contiguous storefronts.
b) Fenestration
Details
Architectural features or details such as, windows, awnings, covered
arcades, sills, shutters, reliefs, trims, columns, pilasters, quoins, reveals,
cornices, horizontal banding, arches, decorative vents, and/or accent tile,
shall be integrated into the façade to avoid the appearance of a blank wall and
shall be provided along a minimum of 60 percent of the façade length of the
front, side, and rear façades if contiguous to a public street or residential zoning
district.
All public entries shall be easily identifiable
and integrated into the building architecture. Each freestanding principal
structure shall have a minimum of one clearly defined primary public entrance
feature. The primary entrance shall incorporate a minimum of one design element
each from Table 5.C.1.H,
Primary Entry Feature Design Element, and Table 5.C.1.H,
Secondary Decorative Treatment, below.
Table 5.C.1.H – Primary Entry Feature Design Element
|
a.
|
Canopies, porte-cochère, or porticos.
|
b.
|
Wall recess or
projection a minimum of 12 inches in depth.
|
c.
|
Covered arcades,
a minimum of eight feet clear in width.
|
d.
|
Peaked roof
forms.
|
e.
|
Arches, columns,
or pilasters.
|
|
Table 5.C.1.H – Secondary
Decorative Treatment
|
a.
|
Overhangs, cornices, and eaves.
|
|
b.
|
Decorative
moldings or trims around windows and doors.
|
|
c.
|
Covered public
outdoor patio or plaza incorporated with entry area which are not part of a
tenant space.
|
|
d.
|
Special pavers,
bricks, decorative concrete, or other similar pavement treatment.
|
|
e.
|
Architectural
details, such as tile work or moldings.
|
|
|
|
|
|
e. Color
Color shall be considered to achieve
architectural compatibility with architecture in the surrounding area and to
complement structures within a development. [Ord. 2009-040]
The following elements are prohibited, unless approved by the ZC or BCC
pursuant to the review process of this Chapter:
1) structures which are of
symbolic design for the purpose of advertising;
2) high-intensity, metallic,
neon, or fluorescent colors;
3) neon tubing, fiber optics, or
similar lighting, excluding those used for signage;
4) high-gloss vinyl and plastic
awnings;
5) awnings with horizontal
ribbing, flowered, or similarly patterned designs;
6) unpainted or plain/unfinished
exterior façades, excluding Galvalume and galvanized steel roof; and,
7) smooth-faced, painted,
concrete masonry block.
The following standards shall also apply to non-residential projects,
buildings, and signs in the Rural and Exurban Tiers.
1) Roof
The roofline along each elevation shall incorporate a minimum of one
design feature each from Table 5.C.1.H, Rural Roof Design Element, and Table 5.C.1.H, Rural Decorative Roof
Treatment, below.
The same features are not required on each elevation. [Ord. 2018-002]
Table 5.C.1.H – Rural Roof
Design Element
|
1.
|
Articulated roofline
for each 200 linear feet with pitched roof (e.g., hip-on-deck, hip, gable,
gambrel, or a combination of them) along a minimum of 70 percent of the
length of the façade, and, a minimum 12-inch overhanging eave; or
|
2.
|
Full pitched roof (e.g., hip, gable,
gambrel, etc.) with two or more plane breaks or slopes; or
|
3.
|
Combination of items 1 and 2 above.
|
[Ord.
2018-002]
|
Table 5.C.1.H – Rural
Decorative Roof Treatment
|
1.
|
Decorative roof
details such as dormers, cupolas, rafter tails, balconies, terraces, or
exposed beams;
|
2.
|
Cornices with
decorative moldings; or,
|
3.
|
Pediments,
porticos, or architectural features at entryways, or decorative towers.
|
[Ord.
2018-002]
|
a) Material
Roof materials shall be limited to standing seam metal, corrugated, or
5V Crimp made of copper, terne-coated stainless steel, Galvalume or galvanized
steel, slate, dimensional, or architectural wood shingles, or metal shingles.
2) Exterior
Building Finishes
Exterior building and sign finishes shall be
limited to:
a) vinyl, lap cedar, or hard
textured concrete siding with rough or smooth horizontal planks, six-inch lap
siding, shingles, or vertical board and batten;
b) brick or brick veneer;
c) stone;
d) textured stucco; and,
e) split face, pre-formed, or
textured masonry block.
3) Façades
a) Single-Story Buildings
A minimum of three of the following architectural details or other
similar treatment shall be integrated into all applicable single-story building
façades to avoid the appearance of a blank wall:
(1) columns
or pilasters;
(2) decorative
cornices;
(3) horizontal
banding;
(4) arches;
(5) decorative
vents or louvers;
(6) moldings
and trims;
(7) decorative
shutters; and,
(8) bay windows.
b) Multi-Story
Buildings
In addition to the required architectural details above, multi-story
buildings shall also have breaks such as a canopy, balcony, overhang, or other
horizontal projections.
4) Porches and Entryways
All buildings shall have prominent entryways
with well-defined porches and railings. Porches shall be provided along the
entire front façades, and 50 percent of the side or rear façades if contiguous
to a public street or residential zoning district. The design of a porch may be
interrupted by required exits, paved pedestrian entrances, loading areas, and
shall include the following: [Ord. 2018-002]
a) Width
Porches shall have a minimum clear, unobstructed width of eight feet.
b) Railings and
Posts
Porches shall incorporate decorative railings with posts at a maximum of
12 feet on center along the entire length, excluding pedestrian access points.
5) Windows and
Doors
All windows and doors shall have architectural details such as panels,
transoms, crossbucks, shutters, decorative trims, or moldings. All glass areas
shall appear to be multi-paned.
In addition to the guidelines for non-residential
projects, Multifamily projects shall adhere to the following guidelines: [Ord.
2010-005]
a. Master Elevations
Master elevation approvals may be reused
within a project, provided the master elevation complies with Art. 5.C.1.G, Visual Impact Analysis, for each
location in which that elevation is used.
Individual balconies and/or patios shall be
provided for a minimum of 20 percent of the total number of units within each
building.
Large Scale Commercial Development shall be defined as any large single-tenant
retail use, with or without accessory tenants, in a single building, between
65,000 and 200,000 gross square feet. These regulations shall apply to all new
developments and developments meeting the requirements of Art. 5.C.1.D, Effect.
[Ord. 2005-002]
Variances from these requirements shall be prohibited. [Ord. 2005-002]
[Ord. 2011-001]
a. CL FLU
The maximum building size for a single tenant shall be less than 65,000
gross square feet except as follows: [Ord. 2005-002] [Ord. 2013-001]
[Ord. 2017-025]
1) The commercial development of the parcel located at the northwest
corner of Southern Boulevard and Seminole Pratt Whitney Road and identified in
the legal description in Ordinance
No. 2010-030 (LGA 2010-012); and [Ord. 2005-002] [Ord. 2013-001] [Ord.
2017-025]
2) Sites approved under Ordinance
No. 2008-048 and Ordinance
No. 2009-028 as an LCC in the Urban/Suburban Tier are allowed to have up to
a maximum of 100,000 square feet. [Ord.
2017-025]
b. CH FLU
The maximum building size for a single tenant shall be 200,000 gross
square feet. [Ord. 2005-002]
1) Exception
An additional 10,000 square feet shall be permitted, for a total of
210,000 gross square feet, subject to Class A
Conditional Use approval and the following requirements: [Ord. 2005-002]
[Ord. 2018-002]
a) Perimeter landscaping buffer
widths and plant material required by Art. 7.C, Landscape Buffer and Interior
Landscape Requirements,
shall be increased by twenty percent. [Ord. 2005-002]
b) One additional pedestrian
amenity shall be required in addition to the requirements of Art. 5.C.1.I.3.d, Pedestrian Amenities. [Ord. 2005-002]
c) A minimum of 50 percent of the
walkways required by Art. 5.C.1.I.3.d.2),
shall be covered, providing overhead shelter from the elements. Covered areas
shall be evenly distributed between the furthest parking stalls and public
entrances. [Ord. 2005-002]
d) A maximum of two outparcels
shall be permitted, subject to the following: [Ord. 2005-002]
(1) Walkways consistent with those
required by Art. 5.C.1.I.3.d.2), shall be provided to both outparcels from
a public entrance for any single tenant having greater than 200,000 gross
square feet. [Ord. 2005-002]
(2) Building square footage for Convenience
Stores with Gas Sales and/or Automotive Service Stations shall be deducted from
the additional 10,000 square feet permitted under this exception. [Ord. 2005-002]
If the project is to be phased, all of the above improvements shall be
installed in the first phase. [Ord. 2005-002]
For the purposes of this Section, façade orientation shall be defined as
follows: [Ord. 2005-002]
a. Front façade: The wall of a
building containing the principal public entrance. The front façade is
generally located parallel with and facing the principal parking area for the
building. [Ord. 2005-002]
b. Side A façade: The wall of a
building containing a secondary public entrance. The side A façade is generally
located parallel with and facing the secondary parking area for the building. [Ord.
2005-002]
c. Side B façade: Any side
building façade not having a secondary public entrance. [Ord. 2005-002]
d. Rear façade: The rear wall of
a building generally opposite the front façade. [Ord. 2005-002]
Developments with single tenants occupying 65,000 gross square feet or
more shall be subject to the requirements of Table 5.C.1.I, Large Scale Commercial
Development. [Ord. 2005-002]
Table 5.C.1.I – Large Scale Commercial
Development
|
Façade Requirements
|
|
|
|
|
Roofline – Parapet Articulation
|
5’
|
5’
|
2.5’ (2)
|
2.5’ (2)
|
Façade
– Recesses and Projections (3)
|
Option 1: 15’ depth for
20%; or
Option 2: 15’ depth for 15%,
and 5’ depth for 15%
|
10’ depth for 20% (2)
|
5’ depth for 20% (2)
|
5’ depth for 20%
|
Fenestration
Details – Windows (3)
|
1.6 sq. ft. per linear
foot of façade
|
0.8 sq. ft. per linear
foot of façade
|
Not required
|
Not required
|
Exterior
Treatment – Use of Building Materials
|
Min. of 2 types – 70%/30%
ratio
|
Covered
Walkways/Arcades
|
70%
|
30%
|
Not required
|
Not required
|
Location
of Required Parking
|
75% max.
|
25% min. side and/or rear
(6)
|
Foundation
Planting Percentage of Façade Length (4)
|
Min. – 50%
|
Min. – 50%
|
Min. – 50%
|
Min. – 20%
|
Width
of Foundation Plantings (5)
|
50% of façade height
|
50% of façade height
|
12’
|
12’
|
Perimeter
Buffers
|
Perimeter buffers shall be
in accordance with Art. 7.C.7, Large Scale
Commercial Development
|
[Ord.
2005-002]
|
Notes:
|
1.
|
Any side or rear façade with a secondary
public entrance shall meet the requirements of side A above.
|
2.
|
Front façade requirements shall be used
for any façade that is oriented towards a street.
|
3.
|
Percentage as a total length of façade.
|
4.
|
The percentage length shall be in
accordance with this Table, or Table 7.C.3.B, Foundation Planting and
Dimensional Requirements,
whichever is greater.
|
5.
|
Minimum width: 12 feet.
|
6.
|
A minimum of 15 percent of the parking
shall be located immediately fronting a side A entrance. [Ord. 2005-002]
|
|
|
|
|
|
|
a. Roofline
1) Parapet
Articulation
a) Articulation in parapet shall
be required with a minimum of five feet for front and side A façades, and any
façade oriented towards a street; and two and one-half feet for side B and rear
façades. [Ord. 2005-002]
b) A parapet return is required
with a length equal to or exceeding the required parapet articulation. [Ord.
2005-002]
b. Façade
1) Recesses/Projections
Façades greater than 100 feet in length shall incorporate recesses and
projections along the total length of the façade, in accordance with Table 5.C.1.I, Large Scale Commercial
Development. Required
recesses and projections shall be distributed along the façade with a maximum
spacing of 150 feet. Recesses and projections shall be from finished grade to
roofline. [Ord. 2005-002]
2) Fenestration
Details
a) Windows
Windows shall be provided in accordance with Table 5.C.1.I, Large Scale Commercial
Development. [Ord.
2005-002]
(1) A minimum of 70 percent of
windows on front and side A façades shall be transparent, or window box
displaying only merchandise. The remaining 30 percent may be non-transparent. [Ord.
2005-002]
(2) Windows shall be at pedestrian
scale. [Ord. 2005-002]
3) Exterior
Treatment
a) A minimum of two different
types of building materials shall be used, with a 70 percent/30 percent ratio.
A change in stucco or use of windows will not count toward meeting this
requirement. [Ord. 2005-002]
b) Exposed gutters or rain
leaders are permitted if decorative in nature. [Ord. 2005-002]
4) Covered Walkways
a) Façades with a public entrance
shall provide covered walkways along a minimum of 70 percent of the overall
length of the front façade, and 30 percent of the overall length of side A façades.
[Ord. 2005-002]
b) Covered walkways shall be a
minimum of 10 feet in width, unobstructed, with appropriately spaced columns
and pitched roofs. [Ord. 2005-002]
c. Public Entrances
1) A minimum of one public
entrance shall be provided along the front façade. [Ord. 2005-002]
2) One additional secondary public
entrance shall be provided on a side façade, subject to the following: [Ord.
2005-002]
a) The secondary entrance shall
be accessible to the public during the same business hours as the primary
entrance, or from 10 a.m. to 6 p.m., whichever is less. [Ord.
2005-002]
b) Secondary public entrances
shall be located a minimum distance of 25 percent of the length of the side A
façade, from the corner of the front façade. [Ord. 2005-002]
1) One public amenity shall be
provided for every 50,000 square feet, or fraction thereof, including but not
limited to public art; (not depicting any advertising); fountains (of at least
eight feet in height and 16 feet in diameter); pergolas; bell or clock tower;
and, public seating areas (not in conjunction with a restaurant). Required
pedestrian amenities shall be a minimum of 800 square feet and 25 feet in
width. [Ord. 2005-002]
2) A minimum of
two pedestrian pathways a minimum of ten feet in width leading from the
furthest parking spaces to public entrances shall be required. These pathways
shall incorporate the use of decorative pavement, trellises, seating, pergolas,
arbors, gazebos, and landscaping. [Ord. 2005-002]
Any Applicant aggrieved by an administrative interpretation or decision
regarding this Chapter who wishes to appeal the interpretation or decision
shall file an appeal to the ZC and follow the appeal procedures established in Art. 2.C.5.G, Type 1 Waiver. [Ord. 2005-002] [Ord. 2011-016] [Ord. 2012-027]
Any Applicant, the Executive Director of PZB, the BCC member
representing the district in which the project or building is to be located, aggrieved
by a decision of the ZC regarding an interpretation or decision regarding this
shall, within 30-calendar days from the date a decision by the ZC is rendered,
file an appeal to the BCC. [Ord. 2005-002] [Ord. 2011-016]
The Director of Parks and Recreation shall be responsible for
implementing, applying, interpreting, and modifying the standards of this
Chapter.
The purpose and intent of this Chapter
is to ensure the provision of parks, on-site recreation areas, and facilities
in proportion to the demand created by development. By requiring such
facilities, it is the intent of this
Section to ensure the provision of functionally adequate, aesthetically
pleasing, and safe park and recreation areas. The specific objectives of this Chapter are as follows:
1. Establish recreational
standards for the development of land within unincorporated PBC;
2. Aid in the coordination of
land development in PBC in accordance with orderly physical patterns;
3. Provide public and private
park and recreation areas in accordance with the Objectives of the Recreation
and Open Space Element of the Plan; and,
4. Ensure that necessary
recreational improvements will be provided for residents concurrent with
residential development.
The standards of this Chapter
shall apply to all development in unincorporated PBC, or existing development
that is modified to the extent that it includes residential uses or site design
changes or features that were not specifically shown on the previously approved
plans. All recreation areas established by this Chapter shall be continuously maintained according to the
standards of this Chapter.
The PBC Parks and Recreation Department supplies a Countywide system of
public park and recreational facilities for which Level of Service (LOS)
standards are established in the Recreation and Open Space Element of the Plan.
For purposes of park concurrency, Regional, Beach, and District Park LOS are
established and Park Impact Fees assessed on new residential development to
maintain the Countywide park systems LOS concurrent with growth. The CIE is
updated annually to include projects needed to meet Countywide Comprehensive
Plan LOS that will be funded through the Parks and Recreation Department’s
ongoing Capital Improvement Program. [Ord. 2006-004]
Park Impact Fees shall be assessed according to the provisions of Art. 13.B, County District, Regional, and
Beach Parks Impact Fees, as
amended, to meet Countywide LOS needs for public regional, beach, and district
parks.
Where a planned Countywide Beach, Regional, District park, or
Preservation/Conservation area is shown in the Plan, and a proposed development
application is located in whole or part within the planned Beach, Regional, District
park, or Preservation/Conservation area, such area shall be reserved for a
period not to exceed two years during which time PBC shall either acquire the
land or release the reservation. The time period initiating the reservation shall
commence with the filing of an application for Development Order.
All proposed residential development shall make adequate provisions for
recreation areas to accommodate the community and neighborhood park-level
recreational needs of the residents of the development. The recreation areas
shall consist of a developed parcel of land that includes recreational
facilities of a type consistent with the needs of the residents. The recreation
parcel shall be located so as to provide convenient and safe pedestrian access
for the residents of the development. The recreation area shall be reserved by
the developer for the perpetual use of the residents of the development. The owner
of the land or a Property Owners’ Association and their successors in interest
shall be responsible for the perpetual maintenance of the recreation area.
The required recreation area shall
be the equivalent of two and one-half acres of developed land per 1,000 people
population, based on the 2010 Census average Person Per Household (PPH) rate of
2.39 people per unit. Development of recreational facilities shall be of a type
suitable for general community or neighborhood park use. The dollar amount to
be spent on recreational improvements per acre shall be no less than 75 percent
of PBC’s average cost per acre for developing community and neighborhood park-type
facilities as calculated by the Parks and Recreation Department based on the
current PBC cost per acre to develop community or neighborhood park facilities.
The minimum dollar amount to be spent on recreation facilities shall be
determined by the Parks and Recreation Department at the time of Final Site Plan
submission. [Ord. 2016-042]
a. WCRAO
The required recreation area shall be the equivalent of one and one-quarter
acres of developed land per 1,000 people population, based on 2.39 people per
unit. [Ord. 2008-037]
Prior to DRO certification, projects proceeding to the Public Hearing
process shall indicate the character and location of the proposed recreation in
the application for review and approval by the Parks and Recreation Department.
For projects requiring Final Site Plan approval, the proposed location and
configuration of the recreation area(s) and the recreational improvements shall
be indicated on the plan for review and approval by the Parks and Recreation
Department.
The Parks and Recreation Department may allow reduction of the
recreation land area requirement by not more than 25 percent when other open
space tracts are platted and made available to residents for recreational
purposes and the combined value of the recreation facilities to be constructed
and the resulting reduced land area exceeds the total value of the recreation
land area and facilities requirement of Art. 5.D.2.B.2, Calculation of Required
Recreation, by a minimum of
25 percent. [Ord. 2006-004]
At the option of the Parks and Recreation Department, the developer may,
in lieu of or in combination with Art. 5.D.2.B.2, Calculation of Required
Recreation, contribute the
dollar value of the total recreational area requirement of this Chapter
including land and improvements of this Chapter for the entire development at
the time the first plat is submitted for recording. Land value shall be based
on PBC’s cost to acquire land for community or neighborhood parks at the time
the first plat is submitted for recording, or on a PBC-approved certified MSA
appraisal of the average value of the land in the development at the time of
first plat. All such funds collected shall be held in a non-lapsing Park and
Recreation Trust Fund for the acquisition and improvement of community or neighborhood
parks according to the provisions of Art. 5.D.2.B.6, Park and Recreation Trust
Fund.
a. WCRAO
At the option of the Parks and Recreation Department, with a positive
recommendation from the WCRA, the developer may, in lieu of or in combination
with Art. 5.D.2.B.2, Calculation of Required
Recreation, contribute the
dollar value of the total recreational area requirement, or convey land of
equal value within the WCRA-targeted area to the County, as identified by the
Parks and Recreation Department or the WCRA Plan, including land and
improvements for the entire development, or a portion thereof, at the time the
first plat is submitted for recording or issuance of the first residential or
mixed-use Building Permit. Land value shall be based on PBC's cost to acquire
land for community or neighborhood parks at the time the first plat is
submitted for recording, issuance of the first residential or mixed-use Building
Permit, or on a PBC-approved certified MSA appraisal of the average value of
the land in the development at the time of first plat or issuance of the first
residential or mixed-use Building Permit. All such funds collected shall be
held in a non-lapsing Park and Recreation Trust Fund for the acquisition and
improvement of the WCRA community or neighborhood parks according to the
provisions of Art. 5.D.2.B.6, Park and Recreation Trust
Fund. [Ord. 2008-037]
Monies deposited by a developer pursuant to this Chapter shall be
expended within a reasonable period of time for the purpose of acquiring and/or
developing land necessary to meet the need for community or neighborhood-type
recreational facilities created by the development in order to provide a system
of parks which will be available to and sufficiently benefit the residents of
the development. Monies deposited by a developer pursuant to this Chapter shall
be expended to acquire and/or develop land for park purposes not farther than
five miles from the perimeter of the development.
The BCC shall establish an effective program for the acquisition of
lands for the development of public parks in order to meet, within a reasonable
period of time, the existing need for public parks. The annual budget and Capital
Improvement Program of PBC shall provide for appropriation of funds as may be
necessary to carry out PBC’s program for the acquisition and/or development of
land for public parks. The funds necessary to acquire lands to meet the
existing need for PBC parks must be provided from a source of revenue other
than from the amount deposited in the Trust Fund.
Where developed recreational facilities are provided within lands
required or credited for other open space purposes pursuant to this Code (i.e.,
buffer areas, natural preserves, utility easements, R-O-W, drainage, or water
management tracts), only credit for the cost of approved facilities may be
applied towards the recreation area requirement of Art. 5.D.2.B.2, Calculation of Required
Recreation, and only if the
facilities are reserved for the use of the residents of the development.
9. Property Development Regulations
Any parcel of land used to satisfy Parks and Recreation Standards shall
meet the following requirements: [Ord. 2006-004] [Ord. 2020-001]
Table 5.D.2.B – Property Development
Regulations (1)
|
Number of Units
|
|
|
|
≤ 10 Units (6)
|
2,500 sq. ft.
|
50’
|
50’
|
> 10 Units ≤ 20 Units
|
4,200 sq. ft.
|
60’
|
70’
|
> 20 Units
|
7,500 sq. ft.
|
Average 75’, but not less than 50’ at any
given point
|
Average 100’, but not less than 75’ at any
given point
|
[Ord. 2020-001]
|
Notes:
|
1.
|
The Parks and Recreation Department may
reduce the minimum recreation parcel dimensions by not more than ten percent
when considering location, abutting land uses, accessibility, recreation
facilities to be offered, and the parcel’s function in the overall recreation
and open space network of the development. [Ord. 2006-004]
|
2.
|
Exclusive of above-ground easements and landscape
buffers, underground easements are permitted in the recreation parcel with
prior approval by the Director of the Parks and Recreation Department, and as
long as the utility of the recreation parcel is not adversely impacted. [Ord.
2016-042] [Ord. 2020-001]
|
3.
|
Projects providing recreation sites with
less than 7,500 square feet in size may not include the parking within the
minimum size for a recreation parcel. [Ord. 2020-001]
|
4.
|
CLFs may be exempt from the minimum parcel
size and minimum dimensions, with prior approval by the Director of the Parks
and Recreation Department. [Ord. 2016-042]
|
5.
|
CLF recreational requirements may be
satisfied using a combination of interior and exterior recreation areas, with
prior approval by the Director of the Parks and Recreation Department. [Ord.
2016-042]
|
6.
|
Projects with four or fewer dwelling
units, may use Art. 5.D.2.B.5, Cash-Out Option for compliance with their minimum
recreation site. [Ord. 2020-001]
|
|
|
|
|
|
See Art. 4.B.3.C.8, Park, Passive.
See Art. 4.B.3.C.9, Park, Public.
See Art. 4.B.3.C.7, Park, Neighborhood Infill.
Any development required to provide recreation shall follow one of the
following Phasing Plans:
When the development is to be constructed in a single phase, or where
each phase will provide recreational facilities specifically for the residents
of that phase, then the recreational site(s) for that phase shall be site
planned, or platted, concurrent with that phase of construction. No more than
40 percent of the Building Permits for residential units shall be issued for
the phase until the recreational improvements have been completed in their
entirety and open for use and accessible to the residents, or unless a Phasing Plan
for completion of the required recreation area is agreed to and approved by the
Parks and Recreation Department. [Ord. 2006-004]
When the development is to be constructed in multiple phases or plats
and one or more required recreational site(s) is/are intended to serve the
residents of two or more phases of the development, then the following sequence
shall be adhered to:
a. The recreation site(s) shall
be site planned concurrent with the site plan for the first phase of
residential development for which the recreational site will serve.
b. The recreation site(s) shall
be platted concurrent with the plat for the residential development phase they
will serve. No more than 40 percent of the Building Permits for residential
units shall be issued for any phase until the recreational improvements have
been completed in their entirety and open for use and accessible to the
residents, or unless a Phasing Plan for completion of the required recreation
area is agreed to and approved by the Parks and Recreation Department. [Ord.
2006-004] [Ord. 2016-042]
No more than 20 percent of the
Certificates of Occupancy for the residential units shall be issued for the
phase until the recreational improvements have been completed in their entirety
and open for use and accessible to the residents, or unless a Phasing Plan for
completion of the required recreation area is agreed to and approved by the
Parks and Recreation Department. [Ord.
2016-042]
This Section recognizes that public parks require flexibility in
landscape design to address unique natural and man-made resources that serve
the public. Public park landscape standards are applicable in all development tiers
and promote open views and vistas into natural landscapes, lakes, greenways,
blueways, and open spaces for appreciation and benefit of the public.
Deviations for publicly-owned and operated public parks from the landscaping
requirements of Art. 7, Landscaping, are as follows: [Ord. 2006-004] [Ord.
2008-003] [Ord. 2011-001]
a. Minimum Tree Quantities
A minimum of one tree is required per 1,200 square feet of overall area,
excluding lakes, natural areas, and recreation areas. [Ord. 2006-004] [Ord.
2008-003]
b. Minimum Shrub Quantities
A minimum of one shrub is required per 1,250 square feet of impervious
area, excluding lakes and wetlands. [Ord. 2006-004] [Ord. 2008-003]
c. Interior and Perimeter Buffer
Trees
A minimum of 75 percent of required trees shall be Canopy trees. Palms or
pines may be counted as one Canopy tree, not to exceed 25 percent of the total
number of required trees. [Ord. 2006-004]
d. Foundation Planting
1) Exemption
Open-air pavilions, bathrooms, scoreboxes, mechanical vaults, and
similar park structures less than 2,000 square feet are exempt from foundation
planting requirements. [Ord. 2006-004]
2) Dimensions
Foundation planting shall be provided along a minimum of 50 percent of
front and side façades, and the rear façade if oriented towards any public-use
area. Width shall be a minimum of five feet along front and rear façades, where
required, and eight feet along side façades. [Ord. 2006-004]
a. R-O-W Buffers
1) Applicability
R-O-W Buffers pursuant to Art. 7, Landscaping
for public parks, open space, and golf courses, shall be exempt from the
planting requirements of Table 7.C.2.A, R-O-W Buffer Landscape
Requirements. Required
R-O-W Buffer trees may be planted in a natural pattern within and adjacent to
the designated landscape buffer. [Ord.
2006-004] [Ord. 2008-037]
2) Required
Plantings
Where parking lots, maintenance buildings, and/or loading areas are
located immediately adjacent to R-O-W Buffers, the standards in Art. 5.D.2.G.2.a.1), Applicability, shall not apply. Where shrub and hedge plantings are required, the
minimum number of layers of shrubs indicated in Table 7.C.2.A, R-O-W Buffer Landscape
Requirements may be reduced
to two in all tiers. [Ord. 2008-037]
b. Compatibility Buffers
Compatibility Buffers shall be a minimum of five feet in width. Public
park uses adjacent to other public park open space and civic uses or pods shall
be exempt from Compatibility Buffer requirements. Required Compatibility Buffers
shall be exempt from the shrub planting requirements of Table 7.C.2.B, Compatibility Buffer
Landscape Requirements. Required
trees may be planted in a natural pattern within or adjacent to the designated
landscape buffer. [Ord. 2006-004] [Ord. 2008-037]
c. Incompatibility Buffers
Incompatibility Buffers shall be a minimum of 15 feet in width. The
minimum number of layers of shrubs indicated in Table 7.C.2.C, Incompatibility Buffer Landscape
Requirements may be reduced
to two in all tiers. [Ord. 2006-004] [Ord. 2008-037]
d. Pathways in Buffers
Pedestrian pathways, exercise trails, and other related recreational
trails may be allowed to meander in required R-O-W and Compatibility Buffers. [Ord.
2006-004]
e. Berms
Berms shall be permitted in any perimeter buffer in all tiers. [Ord.
2006-004]
f. Fences and Walls
Walls and fences may be located along the property line, and may be
exempt from the tree, shrub, and hedge requirements of Art. 7.D.4.B, Walls
and Art. 7.D.4.C, Fences. Vinyl-coated chain link fences are
permitted in any perimeter buffer in any tier, and may be exempt from the
requirements of Art. 7.D.4.C.1, Chain Link Fences. [Ord. 2006-004]
g. WCRAO
Landscape buffers shall not be required if the proposed park and
recreation areas are internally integrated within the development. [Ord. 2008-037]
a. Landscape Islands
One landscape island a minimum of ten feet
in width shall be required per ten spaces, in all tiers (maximum 100 feet
apart), excluding spaces that are designated for vehicles with trailers. [Ord.
2006-004] [Ord. 2018-002] [Ord. 2018-018]
As specified in this Code, certain specific uses shall be located at
major intersections or internal to a PDD that is located at a major
intersection. For the purpose of this Chapter, to be considered a major
intersection each roadway at the intersection, shall meet at least one of the
following standards:
The roadway currently exists at four lanes or more, Link to Link, and is
shown on the Thoroughfare R-O-W Protection Map. Dedication of R-O-W or
construction of additional lanes solely in front of a property shall not
satisfy this standard;
The roadway appears in the Five-Year Road Plan to be constructed as a
major Arterial of at least four lanes;
The current average traffic volume on the roadway is greater than 10,000
trips per day as shown on the Peak Season Traffic Volume Table published by the
Palm Beach County Traffic Division; [Ord. 2009-040]
The roadway is shown on the Thoroughfare Plan as 120-foot R-O-W or
greater; or,
The Applicant agrees to improve the roadway system to meet the standards
in this Chapter as a Condition of Approval.
To mitigate the adverse impacts created by excessive concentrations of
specific uses at intersections and along roadways that adversely impact traffic
flow, pedestrian circulation, and visual impacts related to site layout. [Ord.
2006-004]
Applicable uses shall be limited within 1,000 feet of any intersection,
measured from the intersection of the centerlines of each street to the nearest
exterior wall or outdoor dining area of the use. [Ord. 2006-004]
Any use within 1,000 feet of an intersection pursuant to the location
criteria above shall be exempt from this requirement. A use shall meet the
following separation criteria of any other same and existing or approved use,
measured by drawing a straight line between the nearest point of the exterior
wall or outdoor dining area of the proposed use to the same for an existing or
approved use: [Ord. 2006-004]
1. 1,000 feet; or
2. 500 feet.
The locational and separation criteria in this Section shall have no
effect on any existing uses that are conforming uses as of the effective date
of this Code. Where applicable, any DOA to an existing use shall comply with Art. 4.B.2.C.32.f.3), Exceptions, to the greatest extent feasible. [Ord.
2006-004]
For all development in all districts, drainage shall be designed and
constructed in accordance with the drainage and stormwater management standards
of Art. 11, Subdivision, Platting, and Required
Improvements, except that
the requirements for legal positive outfall, pursuant to Art. 11.E.1.A.3, Stormwater Management
System, shall not apply to:
1. The primary use is a parking
lot, open storage, open-sided structure with no utilities, or similar use as
determined by the County Engineer.
2. The property is not located
adjacent or contiguous to a drainage facility which provides access to a point
of legal positive outfall.
Individual lots designated as Industrial on the FLUA which have a zoning
designation of IL, IG, MUPD, or PIPD are limited to industrial uses, are
located 300 feet or more away from connecting to legal positive outfall, and
which provide either:
1. Adequate on-site lake area to
store the 100-year, three-day rainfall event within the limits of the lake; or
2. Store a 100-year, three-day
rainfall event on this site in a combination of lake and surface storage
conditioned upon providing a hydrological study showing that inundation of the
parking lot areas and driveways does not persist for more than 72 hours following
cessation of the 100-year, three-day rainfall event.
Any parcel meeting the above listed exemptions from the provisions of
legal positive outfall shall connect to a central sewer system and shall not
utilize a septic tank system.
Projects that are planned on lands located approximately along the I-95
corridor that consist of Paola or St. Lucie soil types which are excessively
drained and have a depth to water table in excess of eight feet, as measured
from the average natural elevation of the property. In lieu of providing legal
positive outfall for projects meeting the above criteria, projects shall be
developed utilizing a water management system that contains the 100-year,
three-day storm event entirely within a designated retention area, after
accounting for soil storage. Calculations showing total on-site retention shall
be provided utilizing the rainfall distribution as detailed in SFWMD's Vol. IV
Manual, latest edition. [Ord. 2005-002]
The purpose and intent of this Chapter is to regulate possible
nuisances, such as excessive noise, vibration, odors, and outdoor lighting
which could interfere with the peaceful enjoyment of land.
This Chapter shall apply to all land in the unincorporated area of PBC,
unless exempt pursuant to Art. 5.E.1.E, Upgrade Agreement.
Any conflict between this Chapter and any other provision in this Code
or any other Ordinance adopted by the BCC, or provision, regulation, standard,
or law adopted by Statute, the more stringent shall apply.
See Art. 1.H, Definitions and Acronyms.
The following are exempt from this Chapter:
a. Transportation
Sound generated from motor vehicles legally operating on any public
R-O-W regulated by F.S. ch. 316 (Uniform Traffic Control Law). Sound generated
by interstate rail carriers operating on any railroad R-O-W. Sound generated by
an airport, including all airport-related operations. All other uses of land
preempted by applicable State of Florida or Federal laws or regulations.
b. Sanctioned Activities
Sound generated by a government sanctioned activity conducted on public
land or in a public R-O-W (e.g., parades).
c. Crowd Noise
Non-amplified sound generated by crowd noises at sporting events.
d. Research and Technology Overlay
(RTO)
Sound generated from a source located within the RTO.
e. Farm Operation
Bona Fide Agriculture operations conforming to generally accepted
agricultural and best management practices.
f. AGR District
Noise, vibration, smoke, emissions, particulate matter, and odors by
farm operations conforming to generally accepted agricultural and management
practices in the AGR district. [Ord. 2005-041]
g. Temporary, Portable Power
Generators
Sound generated by temporary, portable power generators used only during
periods of electrical power outages in utility distribution systems maintained
by the utility service provider. [Ord. 2005-041]
In addition to the maximum sound levels set forth in Table 5.E.4.B, Maximum Sound Levels, the following activities shall be limited
or prohibited as follows:
a. Horns
Sounding a horn or other audible signal device, except as required by
law or as a warning of imminent danger. The sounding of any device for an
unnecessary reason or unreasonable period of time is prohibited.
b. Parks
Operating or playing any radio, television, phonograph, musical
instrument, or similar device on public land or in a public R-O-W at a distance
of 100 feet from the source which generates excessive noise.
c. Amplified Sound
Operating, playing, or using any loudspeaker, loudspeaker system, sound
amplifier, radio, television, phonograph, musical instrument, or similar device
which generates excessive noise at the property line of inhabited residential
land. This provision shall not apply to special events but shall apply to
lounges, restaurants, or nightclubs.
d. Advertising
Operating, playing, or using any device which generates excessive noise
at the property line that is cast or emitted upon the public streets and
sidewalks for the purpose of commercial advertising or for attracting the
attention of the public.
e. Machinery and Construction Work
The operation of any machinery, demolition equipment, construction
equipment, excavating equipment, power tool, equipment of a semi-mechanical
device, or undertaking construction work which generates excessive noise at the
property line of inhabited residential land between the hours of 10:00 p.m. and
7:00 a.m. Construction work other than minor repairs by a homeowner and work
permitted to an owner-builder shall be prohibited on Sunday. This restriction
shall not prohibit the use of pumps or machinery which, because of their nature
and purpose, are required to be in operation 24 hours a day.
f. Lawn Equipment
The operation of lawn or garden maintenance equipment or machinery which
generates excessive noise at the property line of inhabited residential land
between the hours of 10:00 p.m. and 7:00 a.m.
a. No person shall operate or
cause to be operated any source of sound from any location in such a manner as
to create a sound level which exceeds the limits set forth below in Table 5.E.4.B, Maximum Sound Levels, for more than ten percent of any
measurement period, which period shall not be less than ten minutes. Sound Level
Measurement Compliance shall be determined with a Type 2 or equivalent sound
level meter using the A-Weighting Scale in accordance with the standards of the
American National Standards Institute (ANSI). All measurements shall be made
with a sound meter at or within the boundary of the complaining landowner
within the property lines of the receiving land.
a. Injunctive Relief
Any emission of noise, the generation of sound from any source in excess
of the limitations established in, or pursuant to, this Chapter shall be deemed
and is hereby declared to be a public nuisance. Upon receipt of written
complaint of violation of this Chapter, the Code Enforcement Officer may
investigate and request the County Attorney to file injunctive proceedings to
abate the nuisance. Such proceedings shall be cumulative and in addition
to the penalties provided herein.
b. Civil Action
The generation of sound from any source not limited by this Code shall
be considered a civil issue and addressed accordingly by law.
In all districts, except with an Industrial (IND) FLU designation, no
use shall operate so as to produce ground vibration noticeable by a person of
reasonable sensitivity at the property line.
No use or activity shall be operated except in full compliance with the
standards controlling air pollution as provided in the laws of the State of
Florida and the Ordinances. [Ord. 2006-004]
In all districts, unless otherwise covered by a specific visible
emission limiting standard by a FDEP Rule or County Ordinance, every use shall
be operated so as to prevent the emission of smoke from any source whatever,
the density of which is equal to or greater than that designated as Number 1 on
the Ringelmann Chart, or the opacity of which is equal to or greater than 20
percent. For the purpose of grading the density of smoke, the Ringelmann Chart,
as published and used by the United States Bureau of Mines, or Method 9, as
published in Chapter 62-296, F.A.C., is incorporated herein by reference. All
measurements shall be at the point of emission. [Ord. 2006-004]
Every use shall be operated to prevent the emission into the air of dust
or other solid particulate matter which may cause danger to land and the health
of persons or animals at or beyond the lot line of the premises on which the
use is located, in accordance with Chapter 62-296, F.A.C. [Ord. 2006-004]
No person shall cause, suffer, allow, or commit the discharge of air
pollutants which contribute to an objectionable odor in accordance with Rule 62-296.320(2), F.A.C. [Ord. 2006-004]
No use shall for any period of time, discharge across the boundaries of
a lot on which it is located, toxic or noxious matter in such concentrations as
to be detrimental to or endanger the public health, safety, comfort, or general
welfare, or cause injury or damage to persons, land, or the use of land, or
render unclean the waters of the State to the extent of being harmful or
inimical to the public health, or to animal or aquatic life, or to the use of
such waters for domestic water supply, industrial purposes, recreation, or
other legitimate and necessary uses. [Ord. 2006-004]
It is the intent of this Section to preserve, protect, and enhance the
lawful nighttime use and enjoyment of any and all property through the use of
appropriate lighting practices and systems. Such individual fixtures, luminaires,
and lighting systems are designed, constructed, and installed to: control glare
and light trespass; minimize obtrusive light; eliminate the increase of lighting
levels on competing sites; provide safe roadways for motorist, cyclists, and
pedestrians; conserve energy and resources while maintaining safety, security,
and productivity; and, curtail the degradation of the nighttime visual
environment. [Ord. 2005-041]
All outdoor lighting shall be subject to the requirements of Table 5.E.4.E, Illumination Levels, and Table 5.E.4.E, Maximum Permitted Luminaire
Height, unless exempted or
permitted to deviate as described herein. Lighting not specifically listed may
be classified by the Executive Director of PZB pursuant to Art. 1.B, Interpretation of the Code. In addition to the standards in this Section, outdoor lighting shall
be consistent with Art. 14, Environmental Standards. [Ord. 2005-041] [Ord. 2011-016] [Ord. 2019-034]
a. Conflict
In the case of a conflict between this Section and other provisions of
this Code, or other applicable codes, the more strict regulation shall apply. [Ord.
2005-041]
b. Non-Conforming Lighting
All luminaires that do not comply with the standards of this Section
shall be subject to the limitations on expansion, maintenance, relocation,
damage repair, and renovations pursuant to Art. 1.F, Non-Conformities. [Ord. 2005-041]
c. Exemptions
The following shall be exempt to the extent listed below: [Ord.
2005-041] [Ord. 2019-034]
1) Residential
Single Family, Townhouses, and Multifamily with a maximum of two units
shall not be subject to the requirements of Art. 5.E.4.E.3, Submittal Requirements and Art. 5.E.4.E.4, Standards. All permitted outdoor lighting shall be
oriented and directed away from adjacent residential uses or adjacent streets
that are internal or external to the subject property. [Ord. 2005-041] [Ord.
2019-034]
2) Street Lights
Street lights in any public R-O-W that meet the requirements of the
appropriate public utility. [Ord. 2005-041]
3) Temporary
Lighting
The temporary use of low-wattage or low-voltage lighting for public
festivals, celebrations, and the observance of holidays are exempt from regulation
except where they create a hazard or nuisance from glare. [Ord. 2005-041]
4) Landscape and Accent Lighting
Landscape and accent lighting fixtures that comply with the Florida
Building Code, Building Section 13-415.AB.2.1 efficiency requirements shall be
exempt. All exempt landscape and accent lighting fixtures must have a locking
mechanism and a glare shield so that light is aimed, and remains aimed at the
surface intended. [Ord. 2008-037]
5) Public Park and
Recreation Facilities
Government-owned or operated public
parks and recreation facilities that are only open between dawn and dusk, shall
not be subject to the requirements of this Section. [Ord. 2018-018]
6) Temporary Uses pursuant to Art. 4.B.11,
Temporary Uses. [Ord. 2019-034]
d. Prohibited Outdoor Lighting
The following types of outdoor lighting are prohibited in unincorporated
PBC: [Ord. 2005-041]
1) Any light that creates glare
observable within the normal range of vision onto a street or creates a safety
hazard; [Ord. 2005-041]
2) Any light that resembles an
authorized traffic sign, signal, or device, or that interferes with, misleads,
or confuses vehicular traffic as determined by the Zoning Director or Traffic
Director; [Ord. 2005-041]
3) Beacon or searchlights, except
for temporary grand openings and special events, as limited by State of Florida
or Federal law; [Ord. 2005-041]
4) Any drop lens fixture or
fixture that does not meet the IESNA full-cutoff classification of zero percent
of lumens above 90 degrees from nadir. This includes, but is not limited to,
parking lot fixtures, building façade fixtures, and other non-landscape
lighting fixtures; and, [Ord. 2008-037]
5) Animated lighting, unless
authorized under Art. 8, Signage. [Ord.
2005-041]
Lighting may vary from this Section to the extent necessary to comply
with the following: [Ord. 2005-041]
1) F.S. § 655.962, related to ATM lighting; [Ord.
2005-041]
2) F.S. § 812.173, related to parking lots for convenience businesses;
[Ord. 2005-041]
3) Lighting on Public Schools
required by Florida Building Code, Building Section 423, and the SDPBC Electrical Design Criteria; [Ord.
2005-041] [Ord. 2012-027]
4) Airport lighting regulated by State
or Federal law; [Ord. 2005-041]
5) Lighting for obstructions to
air navigation as provided in U.S. Department of Transportation, Federal Aviation Administration Advisory
Circular 70/7460-1K; [Ord.
2005-041]
6) Lights required on vehicles
under State Uniform Traffic Control Statutes or for vessels under Vessel Safety
Statutes under F.S. ch. 316 and F.S. ch. 327; [Ord. 2005-041]
7) Lighting for public health
required by F.S. ch. 381; [Ord. 2005-041]
8) Electrical Code Statute
requirements under State Building Code; [Ord. 2005-041]
9) F.S. § 553.963 and F.S. § 553.904, Efficiency and Energy Conservation
Statutes under Building Code Standards; [Ord. 2005-041]
10) Lighting for outdoor theaters
under F.S. § 555.07; [Ord. 2005-041]
11) Lighting for Commercial
Communication Towers under Art. 4.B.9.B.9, Lighting of the ULDC; and, [Ord. 2005-041] [Ord.
2017-007]
12) Other Federal, State, and Local
laws and regulations that may apply. [Ord. 2005-041]
a. Photometric Plan
All Building Permit applications that include the use of external luminaires,
or luminaires visible from the exterior of a structure shall include an outdoor
lighting plan and an outdoor security lighting plan showing location, type, and
height of all luminaires, and photometrics in foot-candle output of all proposed
and existing luminaires on site. On-site lighting to be included in the
calculations shall include, but is not limited to, lighting for parking lot,
canopies, recessed lighting along the building, and/or overhang. Each plan
shall include any calculations or modifications required to comply with items
listed in Art. 5.E.4.E.2.e, Deviations. The photometric plans shall include the
following: [Ord. 2005-041]
1) A table showing the average,
minimum, and maximum foot-candles, average to minimum ratio, and maximum to
minimum ratio on the site, and maximum luminaire heights. Maximum photometric
calculation grid shall not exceed ten feet. [Ord. 2005-041]
2) Manufacturer's catalog cuts
that provide a description of the luminaires, including wattage, lumen output,
glare reduction/control devices, lamps, on-off cycle control devices, and
mounting devices. [Ord. 2005-041]
3) All photometric plans must be
signed and sealed by a licensed Engineer, Architect, or Landscape Architect. [Ord.
2005-041] [Ord. 2008-037]
4) A Certificate of Compliance
signed and sealed by a licensed Engineer, Architect, or Landscape Architect,
must be submitted prior to the issuance of a Certificate of Occupancy. [Ord.
2005-041] [Ord. 2008-037]
5) The photometric plan shall not
include time averaging or other alternative methods of measurement. A Light
Loss Factor (LLF) shall be used for the calculations in a photometric plan. The
values of the LLF shall be a maximum value of 0.72 for Metal Halide, 0.81 for
High Pressure Sodium, and 0.95 for LED, based on manufacturers’ initial lamp
lumens. [Ord. 2005-041] [Ord. 2008-037]
a. Confinement
All outdoor lighting shall utilize full-cutoff luminaires per the
Illuminating Engineering Society of North America (IESNA) definition of full cutoff
which allows for zero percent of lumens above 90 degrees from nadir. No luminaires
other than landscape lighting exempted per Art. 5.E.4.E.2.c.4), Landscape and Accent
Lighting, shall be directed
upwards to avoid urban sky glow. In the U/S Tier, accent and landscape luminaires
not exceeding 100 watts. [Ord. 2005-041] [Ord. 2008-037]
b. Light Trespass
The maximum illumination at the property line of an adjoining
residential parcel or public R-O-W is 0.33 horizontal and vertical foot-candles
measured at six feet above grade level. Said illumination likewise measured at
the property line of an adjoining non-residential parcel, shall not exceed 3.0
horizontal and vertical foot-candles measured at six feet above grade level. [Ord.
2005-041]
c. Security Lighting and Time
Restrictions
1) Full-cutoff luminaires shall
be used for all security lighting and dusk-to-dawn area lighting. [Ord.
2005-041]
2) Outdoor illumination,
including but not limited to, areas used for outdoor sales and display, eating,
parking, assembly, service, storage of equipment and freight, loading and
unloading, repair, maintenance, commercial activities, and industrial
activities shall not continue after 11:00 p.m., or no more than one hour after
active use of the area ceases, whichever is later, except for security
lighting. [Ord. 2005-041]
3) Security lighting shall be
required for all active entrances to buildings, parking lots, and access to
buildings or parking lots. All security lighting shall maintain an average of
0.75fc, a minimum of 0.3fc, and a maximum of 3fc from dusk until dawn. [Ord.
2005-041] [Ord. 2008-037]
4) No outdoor recreational
facility shall be illuminated after 11:00 p.m. except to conclude a scheduled
and sanctioned recreational or sporting event by PBC or other authorized agency
in progress prior to 11:00 p.m. The luminaires shall be extinguished after
outdoor recreational events are completed and the site has been vacated. [Ord.
2005-041]
a) Exceptions
Public recreational facilities such as boat ramps, fishing piers, or
other similar facilities that operate or are open to the public on a 24-hour
basis. [Ord. 2005-041]
5) Automatic timing devices with
a photosensor or an astronomical timeclock, which control the hours of
illumination shall be required for all parking lots, car dealerships/outdoor
display lots, and parking garages. These devices may remain on Eastern Standard
Time throughout the year. [Ord. 2005-041] [Ord. 2008-037]
d. Illumination Levels
Table 5.E.4.E, Illumination Levels, indicates the minimum and maximum
illumination levels for specific site elements, as well as the maximum to minimum,
and average to minimum ratios. [Ord. 2005-041]
Table 5.E.4.E – Illumination Levels
|
Outdoor
Lighting
|
|
|
|
|
Buildings
and Accessory Structures
|
a.
|
Pathway Lighting (2)
|
5.0 (5)
|
-
|
-
|
-
|
b.
|
Canopies, Drive-Through, and Overhangs
|
30.0
|
3.0
|
10:1
|
2.5:1
|
Parking
Lots
|
a.
|
Multifamily Residential
|
3.0
|
0.3
|
10:1
|
-
|
b.
|
All Other Uses
|
12.0
|
1.0
|
12:1
|
3:1
|
Parking
Structures
|
a.
|
Parking Area
|
10.0
|
1.0
|
10:1
|
4:1
|
b.
|
Ramps – Day
|
20.0
|
2.0
|
10:1
|
-
|
c.
|
Ramps – Night
|
10.0
|
1.0
|
10:1
|
-
|
d.
|
Entrance Area – Day
|
50.0
|
5.0
|
10:1
|
-
|
e.
|
Entrance Area – Night
|
10.0
|
1.0
|
10:1
|
-
|
f.
|
Stairways
|
-
|
10.0
|
-
|
-
|
Property
Boundary
|
|
Specialty
Lighting (4)
|
a.
|
Golf Courses
|
|
b.
|
Outdoor Entertainment
|
c.
|
Parks
|
Other
Lighting Types
|
a.
|
Outdoor Display and Storage for Vehicle
Sales and Rental
|
15 (3)
|
1.0
|
15:1
|
4:1
|
b.
|
Other Outdoor Display and Storage Areas
|
20
|
1.0
|
15:1
|
4:1
|
c.
|
Outdoor Work Areas
|
20
|
1.0
|
15:1
|
4:1
|
[Ord.
2005-041] [Ord. 2008-037] [Ord. 2010-005] [Ord. 2019-034]
|
Notes:
|
1.
|
Measured in foot-candles.
|
2.
|
Building or accessory-mounted luminaires
used to light parking lots shall comply with parking lot illumination levels.
|
3.
|
May be increased to 20 foot-candles for
the first row of display parking located adjacent, but not more than 100 feet
from a R-O-W.
|
4.
|
Applicable to outdoor recreation areas
only, excluding areas such as parking lots, drive aisles, pathways, building,
and landscape lighting.
|
5.
|
Fully shielded bollards not greater than
42 inches in height may be permitted up to 20 foot-candles.
|
e. Luminaire Heights
Table 5.E.4.E, Maximum Permitted Luminaire
Height, identifies the
maximum height for any freestanding or structure-mounted luminaires.
Table 5.E.4.E – Maximum Permitted
Luminaire Height
|
Location
|
|
|
|
Buildings and Accessory Structures
|
a.
|
Buildings
|
25’ or eave
overhang, whichever is lower (unless required by the Florida Building Code)
|
b.
|
Accessory Structures
|
10’
|
8’
|
Parking Lot
|
a.
|
Residential
|
20’
|
15’
|
b.
|
Industrial
|
40’
|
-
|
c.
|
Commercial, Civic, and Institutional
|
30’, or equal to
the height of the building up to a max. of 40’
|
25’
|
Parking Structures
|
a.
|
Luminaires on Top Parking Level
|
20’ or 25’ (4)
|
15’
|
Property
Boundary
|
a.
|
Luminaires within 100’ of Residential (2)
|
20’
|
15’
|
Specialty Lighting (3)
|
a.
|
Golf Course
|
Per IESNA
Lighting Handbook
|
b.
|
Outdoor Entertainment
|
c.
|
Parks
|
[Ord.
2005-041] [Ord. 2019-034]
|
Notes:
|
1.
|
For the purposes of this Table,
residential parcel shall include any residential use, or any vacant parcel
with a residential FLU designation.
|
2.
|
The height of any lighting luminaire
within 100 feet of a parcel with a residential use or FLU designation shall
be limited in accordance with the height limitations for Property Boundary,
Residential.
|
3.
|
Applicable to outdoor recreation areas
only, excluding areas such as parking lots, drive aisles, pathways, building,
and landscape lighting.
|
4.
|
Minimum setback shall be 45 feet from
exterior edge of wall for all luminaires, except luminaires mounted to interior
face of perimeter wall, which do not exceed the height of the perimeter wall.
|
f. Measurement
1) Illumination levels shall be
measured in foot-candles with a direct-reading, calibrated, portable light
meter. The light meter shall be placed not more than six inches above grade
level. [Ord. 2005-041]
2) For the purpose of measuring
light trespass, the light meter shall be placed at the property line of the
subject parcel six feet above the grade level. [Ord. 2005-041]
Hours of operation relate to the
time during which the use is open to the public for business. For uses not open
to the public, hours of operation shall be the time in which the use has
employees working. [Ord. 2017-007]
Any non-residential use shall be
subject to the hours of operations indicated in Table 5.E.5.A, Hours
of Operation, when located within
250 feet of a parcel of land with a residential FLU designation or use,
unless stated otherwise. Mixed uses located in the following zoning districts
shall not be considered residential uses for the purposes of hours of
operation: Neighborhood General (NG), Neighborhood Commercial (NC), and Urban
General (UG) Sub-areas of the WCRAO and UC, UI, MUPD, and TMD. [Ord.
2017-007] [Ord. 2017-025] [Ord.
2018-018] [Ord. 2021-023]
Table
5.E.5.A – Hours of Operation
|
Non-Residential
Use Classification
|
|
Commercial
|
6:00 a.m. to
11:00 p.m.
|
Recreation
|
6:00 a.m. to
11:00 p.m.
|
Institutional,
Public, and Civic
|
6:00 a.m. to
11:00 p.m.
|
Industrial
with Outdoor Activities
|
7:00 a.m. to
7:00 p.m. (Monday through Saturday)
|
Industrial
without Outdoor Activities
|
6:00 a.m. to
11:00 p.m. (Monday through Saturday)
|
Transportation
|
7:00 a.m. to
11:00 p.m.
|
Temporary
|
6:00 a.m. to
11:00 p.m.
|
Accessory
Non-Residential Uses to Residential Uses
|
7:00 a.m. to
7:00 p.m.
|
[Ord.
2017-007] [Ord. 2018-018]
|
Notes:
|
1.
|
Stocking activities
or deliveries for non-residential uses are subject to the hours listed above
when located within 250 feet of a parcel of land with a residential use or
FLU designation. [Ord. 2018-018]
|
|
|
|
Measurement shall be taken by
drawing a straight line from the property line of the residential use or FLU
designation to the closest point of the loading area, the exterior wall,
structure, or bay housing the non-residential use. [Ord. 2009-040] [Ord.
2017-007] [Ord. 2018-018]
Uses existing prior to this
amendment may comply with the requirements existing at the time the use was
established, unless modified by a subsequent Development Order. [Ord.
2009-040] [Ord. 2017-007]
Uses owned or operated by a
governmental entity that provide essential services for the public, as
determined by the Zoning Director, shall be exempt from these standards. [Ord.
2009-040] [Ord. 2017-007]
Hours of operation may be altered
pursuant to Art.
2.B.7.D, Type 2 Waiver. [Ord. 2018-018]
Any legal documents requiring PBC approval shall be reviewed prior to
submission by a licensed attorney. This shall include documents required by
Code or as a condition of any land use approval. For the purposes of the
provisions, “legal documents” shall include, but not be limited to, the
following types of documents: restrictive covenants, easements, agreements,
access agreements, removal agreements, Unity of Control, and Unity of Title.
Any document that follows exactly the language of a PBC-approved form is exempt
from this requirement.
This Chapter is established to ensure that adequate ownership and
maintenance measures will be provided in residential and other developments to
protect and perpetually maintain all common areas or other required areas
(including improvements located upon or within the common areas) required
pursuant to this Code or other applicable PBC Ordinances or regulations. This
Chapter is also established to ensure the continued availability and utility of
the common areas for the residents or occupants of the development and to
prevent such facilities or the need for such facilities from becoming an
unnecessary burden or nuisance to PBC or surrounding property. Nothing in this
Chapter shall be construed as creating any obligation upon PBC to maintain such
common areas or their improvements or to otherwise ensure their availability
and condition.
This Chapter shall apply to all developments subject to review by the
DRO as delineated elsewhere in this Code. Developments for which waivers of
platting are administratively obtained shall also comply with the requirements
of this Chapter. [Ord. 2010-022]
Generally, the maintenance and use documents requirement shall not apply
to lands or improvements to be owned and maintained under a condominium or
cooperative. The developer of any lands to be owned and maintained under a
condominium or cooperative shall establish and regulate those in accordance with
the requirements set forth by the State of Florida. If the condominium or
cooperative is located within a PUD, though, additional PBC document
requirements may apply.
A developer shall submit documents establishing maintenance and use of
the common areas of a proposed development and other required areas at the
point in the development process set forth in Art. 11.D, Platting, or as required as a Condition of Approval
by any Decision Making or Administrative Body of PBC. All documents shall be
reviewed and approved by the County Attorney's Office prior to recording in the
Public Records. The recording of the documents and all associated fees shall be
the responsibility of the developer. All documents shall be recorded as
approved by the County Attorney's Office, and copies of the recorded documents
shall be submitted to PBC when requested.
The type of document required to establish use rights and responsibility
for maintenance of the common areas and private preserve areas of a development
depends upon the nature of the development.
A POA shall be required. Developer shall submit a Declaration of
Covenants and Restrictions, Articles of Incorporation, and By-Laws. If there
are to be party walls within the development, the Declaration of Covenants and
Restrictions shall include a Declaration of Party Wall. This requirement
applies to both residential and non-residential developments.
A POA may or may not be required depending upon the individual
subdivision. Prior to the approval of the Final Subdivision Plan or Plat, if
the DO includes common areas, the Applicant shall be required to establish a
POA or a Unity of Control pursuant to the requirements below. If there are to
be party walls within the development, a Declaration of Party Wall shall be
included in the submission. [Ord. 2021-006]
The following shall be the minimal content requirements for documents.
Provisions which do not conflict with any PBC requirements may also be
included.
a. Declaration of Covenants and
Restrictions
1) Legal
Description
a) For Master
Property Owners’ Associations
Where applicable, all property included within the Master Plan for a
Development Order, regardless of how many phases, shall be subjected to the
terms of the declaration at the time the first plat of the development is
recorded. Property shall not be withdrawn from the terms of the declaration
unless it is also withdrawn from the Master Plan. This shall also apply to any
affected portion of an AGE Allocation Plan with a Development Order for a
Rezoning, Conditional Use, or related Development Order Amendment subject to
the requirements of the AGEO. [Ord. 2010-022] [Ord. 2017-007]
b) For
Sub-Associations
All property included within a plat in which a sub-association is named
in a dedication/reservation shall be subjected to the terms of the declaration
for that sub-association at the time the plat is recorded.
2) Definitions
There shall be a declaration in which, minimally, the following terms
(or similar terms) are defined: association, common areas, member, properties,
declarant/developer, unit/lot/parcel. The definition of association shall
include the name of the POA responsible for maintaining the common areas of the
development. The association named here must be the same association that
accepts the dedications/reservations on any plat of the development. The
association shall be a State of Florida corporation not for profit. The
definition of common areas shall include the phrase "any area dedicated to
or reserved for the association on any recorded plat or replat of the
Properties."
The definition of member shall reflect the requirement that all persons
or entities holding title to any portion of the properties shall be voting
members of the association. In the case of a master association, this may be
accomplished either by direct membership by all owners or by the owners'
sub-association membership with the sub-association(s) being the voting
member(s) of the master association. The definition must specifically allow
direct membership for any owner who is not a member of a represented
sub-association.
The definition of properties shall include all the property subject to
the terms of the declaration including any added by amendment to the
declaration. The definition of declarant/developer shall include successors and
assigns. The definition of unit/lot/parcel shall identify the division of
property by which membership in the association is defined and shall be
consistent with the terms used to define member in the declaration.
3) Association
Structure and Responsibilities
There shall be provisions for the following:
a) All persons or entities owning
any portion of the development shall automatically become members of the
association;
b) All members of the association
shall be entitled to vote on association matters;
c) The association shall have the
authority to assess all members for association expenses including, but not
limited to, the cost of maintaining the common areas;
d) All members of the
association, except any governmental entity, which may own property in the
development, shall be subject to assessments by the association. The developer
shall either pay assessments or fund the deficit in the association's operating
budget until he has turned over control of the association. After he has turned
over control of the association, he shall pay assessments for any lot(s) he may
still own;
e) The association shall have the
authority to place a lien on a member's property for any unpaid assessment;
f) The developer may control the
association while development is ongoing. He must, however, establish in the
declaration a definite time by which he will turn over control of the
association to the owners; and,
g) The declaration shall provide
that the association shall be responsible for the maintenance of the common
areas and private preserve areas. Maintenance responsibility may be delegated
to a sub-association or to an individual lot owner (in the case of certain
limited use areas), but the delegating association shall be responsible in the
event the sub-association or the lot owner fails to maintain any portion of the
common area or other required areas.
4) Common Areas
The common areas shall be defined to include any area dedicated to or
reserved for the association on any recorded plat of the properties. The
developer shall state at what point he will deed the common areas to the
association.
5) Easements
The following easements shall be granted or confirmed if already
established by recorded plat or grant of easement:
a) Ingress/egress easements for
members, their guests, and licensees;
b) Utility easements for
installation, maintenance, and repair by any utility company, including cable,
servicing the development;
c) Drainage easements;
d) Maintenance easements for
maintenance of the common areas. If the association will need access to an
owner's property to fulfill its maintenance obligation, the easement should be
granted here;
e) Encroachment easements for
accidental encroachment onto the common area;
f) Common area easement for use
by all members of the association and their guests;
g) Developer’s easement to allow
developer access as needed to complete construction of development;
h) Public service for police
protection, fire protection, emergency services, postal service, and meter
reading;
i) Zero Lot Line (ZLL) easement,
if applicable. An easement with a minimum of two feet in width, and contiguous
to the ZLL boundary shall be established for the purpose of incidental
encroachment, access, and maintenance; or, [Ord. 2013-001]
j) All easements, with the exception of the developer's easement,
shall be perpetual.
6) Architectural
Control
Any provisions included in the declaration regarding architectural
control should be consistent with PBC regulations. It should be noted in the
declaration that nothing in the declaration should be interpreted as an
exemption from compliance with PBC regulations.
7) General
Provisions
There shall be provisions for the following:
a) Duration
The declaration shall run with the land for a minimum of 20 years with
provision for automatic renewal;
b) Enforcement
The association, the individual members, and the developer shall all
have the ability to enforce the terms of the declaration;
c) Amendment
The method by which the declaration may be amended shall be established.
If the developer is given a separate right for amending the declaration, his
right shall not survive the turnover of control. No amendment that withdraws
property from the terms of the declaration shall be recorded unless approved in
writing by the County Attorney's Office. No amendment inconsistent with the
requirements of this Chapter shall be recorded unless approved in writing by
the County Attorney's Office. Nothing contained herein shall create an
obligation on the part of the County Attorney's Office to approve any
amendment.
d) Dissolution
Any owner may petition the Circuit Court for the appointment of a
receiver to manage the affairs of the association in the event of dissolution
of the association.
b. Articles of Incorporation
1) All terms shall be consistent
with the terms of the Declaration and By-Laws.
2) The POA shall be a State of
Florida corporation not for profit with, minimally, the authority to maintain
common areas or other required areas, assess members for operating costs, place
liens on members' property for failure to pay assessments, and enter into
agreements with governmental entities.
c. By-Laws
All terms shall be consistent with the terms of the Declaration and Articles
of Incorporation.
A Declaration of Party Wall shall be recorded whenever there are shared
walls in a development. The declaration may be a part of a Declaration of Covenants
and Restrictions or it may be recorded as a separate instrument. It should
address the following:
a. Repair of the wall is a joint
obligation and expense unless damage is caused by the negligence of one party.
In that case the cost of repair is the obligation of that party alone;
b. Repair or replacement of the
wall shall be to its original construction;
c. Each party shall have the
right to file a lien for the cost of repairs;
d. The mortgagee shall have the
same rights as the mortgagor;
e. Structural changes in the wall
are prohibited;
f. If there is a common roof,
the same provisions shall apply;
g. If access and/or parking are
to be shared, there should be an easement granted to accommodate that; and,
h. This shall be a covenant
running with the land.
All PDDs and projects in Standard Zoning Districts with multiple uses,
shall be contiguous, unless otherwise stated, and owned or under the control of
the Applicant or subject to a Unity of Control. The Unity of Control shall be
in a form acceptable to the County Attorney and shall provide for the perpetual
operation and maintenance of all shared/common facilities and improvements,
which are not provided, operated, or maintained at the public’s expense.
The Unity of Control shall be recorded
and tied to all properties within the Development Order, unless stated
otherwise below: [Ord. 2019-005] [Ord. 2021-006]
a. Subdivisions of a Maximum Four
Lots
The Unity of Control shall be
recorded prior to approval of a plat or issuance of a Building Permit,
whichever occurs first, and shall contain the following: [Ord. 2021-006]
1) Legal description of the property subject to the terms of the Unity
of Control. This shall include all property included in the Master Plan for the
development; [Ord. 2021-006]
2) Creation of perpetual cross-access, parking, drainage, and utility
easements for the benefit of all owners of the development;
3) Maintenance responsibilities for all common areas of the
development and method by which maintenance costs shall be shared; and,
4) Establishment of these provisions as covenants running with the
land.
For a PDD with a subdivision of a maximum
four lots, a Unity of Control shall be recorded prior to approval of a plat or
issuance of a Building Permit, whichever occurs first. [Ord. 2021-006]
1) Exception
Public civic uses and AGR
Preservation Areas shall not be subject to Unified Control, unless required by
a Condition of Approval.
2) The Unity of Control shall contain the following: [Ord.
2021-006]
a) Legal description of the property subject to the terms of the
Unity of Control. This shall include all property included in the Master Plan
for the development; [Ord. 2021-006]
b) Creation of perpetual cross-access, parking, drainage, and utility
easements for the benefit of all owners of the development; [Ord. 2021-006]
c) Maintenance responsibilities for all common areas of the
development and method by which maintenance costs shall be shared; and, [Ord. 2021-006]
d) Establishment of these provisions as covenants running with the
land. [Ord. 2021-006]
e) Architectural
Guidelines
All buildings and signage shall
maintain architectural consistency between all building, signage, and project
identification. Consistency shall include, a minimum, an overall unified image
and character created by the use of common elements such as building and
roofing materials, rooflines, consistent colors, fenestration, architectural
features, and architectural elements. Infrastructure, such as Minor Utilities
and Water or Wastewater Treatment Plants which are approved for construction in
a PDD prior to the approval of other buildings will not be used to set the architectural
standards for a PDD. [Ord. 2007-013] [Ord. 2017-007] [Ord. 2021-006]
3) Successive
Owners
The Unified Control shall run with
the land and shall be binding on all successors in interest to the property.
4) Amendments
Prior to approval of a modification
to a Master Plan, Site Plan, or subdivision by the DRO, the Unified Control
shall be amended to include/exclude all land added to/deleted from the PDD, and
incorporate any revisions modified by the new Development Order that may be in
conflict with the original Unified Control. [Ord. 2019-005]
The Unity of Title process has been replaced with subdivision and
platting requirements pursuant to Art. 11, Subdivision, Platting, and Required
Improvements. A Release of
Unity of Title shall be pursuant to Art. 2.C.8.D, Release of Unity of Title
(ROUT). [Ord. 2021-006]
[Ord. 2021-023]
Minor encroachments of buildings and structures may be allowed within an
easement in accordance with this Chapter.
Buildings or structures designed for human occupancy, screen enclosures,
pools, or spas shall be prohibited within any easement. [Ord. 2010-005]
[Ord. 2019-005]
No construction shall be permitted within any easement where such
construction is incompatible with the use for which the easement was
established. If the terms of the easement, statute, law, ordinance, rule,
regulation, or approval pursuant to which the easement was established
prohibits or excludes the use, such use shall be considered incompatible. The
burden shall be on the Applicant to demonstrate that the proposed construction
is or will not become incompatible with the purpose for which the easement was
established, or impair the rights of the easement holders and beneficiaries. The
determination of whether a use is incompatible with the purpose for which an
easement was established shall be made by the appropriate regulating agency(s)
in accordance with this Chapter.
Buildings and structures, which are not prohibited pursuant to Art. 5.F.2.A.2, Major Encroachments, shall be subject to the following:
a. If an application for a Building
Permit includes construction in an easement, the application shall include
consent from all easement holders and beneficiaries. The consent shall be
specific to the proposed construction and in a form acceptable to PZB; and
b. Prior to the issuance of the Building
Permit, the Applicant shall record an executed removal and indemnification
declaration. The removal and indemnification declaration shall inure to the
benefit of the easement holders and beneficiaries.
a. All other government permits,
approvals, or consents necessary for the construction shall be obtained prior
to commencement of the construction.
b. Compliance with this Chapter
shall not be construed to relieve the Applicant from obtaining any required
approvals, if applicable, for encroaching into the affected easement.
c. Nothing herein shall be
construed as affecting any right to construct except to the limited and strict
extent of any approval granted hereunder. An approval granted in accordance
with this Chapter is for the limited purpose of complying with this Chapter
only.
The Applicant is responsible for providing and representing true,
accurate, and correct information. Except as specifically set forth herein, no
PBC Official, employee, or agent shall have the duty of:
a. searching the Official Records
of the Clerk of the Circuit Court; or
b. conducting any other
investigation to determine whether a permit application or request for PBC
approval is inconsistent with the use for which an easement was established;
whether an easement exists in the area within which a permit for
construction/development is sought; or [Ord. 2005-002]
c. whether any other government
or private approvals are required for construction or development for which the
permit is sought. However, PZB, DEPW, or any other department, official
employee, or agent may undertake an investigation, search, or inquiry to
determine the aforestated. [Ord. 2005-002]
a. If, upon
inspection, the construction is found to be materially different than that
which was approved by PBC, then the approval shall be of no force and effect and the
construction shall be removed immediately, unless the modification is approved
by the Department having jurisdiction pursuant to this Chapter.
1. All construction in a drainage
easement shall be subject to approval by the beneficiary of said easement. Further,
the Land Development Division (LDD) shall approve all encroachments into
easements which drain County roads. [Ord.
2010-005] [Ord. 2010-022]
2. If a Building Permit is
required, the Applicant shall obtain approval from the LDD or appropriate
entity prior to submitting the Building Permit application to PZB. [Ord. 2010-005] [Ord. 2010-022]
3. When approval is required from
LDD, the Applicant shall submit a request to encroach a drainage easement in or
on a form established by the LDD and include a copy of the recorded deed to the
parcel on which the easement is located; the document creating the easement; a
certified sketch of survey of the easement; a sketch or plans showing the
proposed construction in relation to the location of existing drainage
improvements in the easement; and, such other documentation as the LDD
reasonably deems appropriate. [Ord.
2010-005] [Ord. 2010-022]
4. When encroachments are
proposed in easements which drain County roads, the LDD may deny, approve, or
approve with conditions the construction. [Ord.
2010-005] [Ord. 2010-022]
5. When approval is required from
LDD, no approval shall be given before the LDD has received specific written
consent from all easement holders, easement beneficiaries, and governmental
entities or agencies having jurisdiction of the drainage easement. The LDD is
hereby authorized to effect consent on behalf of PBC when PBC is the easement
holder or beneficiary of a drainage easement. The LDD may require that consent
be in or on a form established by the LDD. [Ord.
2010-005] [Ord. 2010-022]
6. For easements which drain
County roads, the LDD shall also have executed in proper form, and shall cause
to be recorded against the Applicant’s land involved, a removal and
indemnification declaration (with the necessary consents) on a form approved by
County Attorney’s Office. Said declaration shall provide that all direct and
indirect costs related to removal shall be borne by the Property Owner, its
heirs, successors, assignees, and grantees; that the aforestated person(s)
shall indemnify and hold PBC, its officers, employees, contractors, and agents
harmless against any and all claims and liabilities of whatever nature
(including personal injury and wrongful death) arising from any approval
granted hereunder or the construction or installation approved hereunder. The
removal declaration shall inure to the benefit of the easement holders and beneficiaries.
It shall contain such other terms and covenants as the LDD or the County
Attorney deems appropriate. Proof of the recording of the document shall be
furnished to PZB with the application for a Building Permit. [Ord. 2010-005] [Ord. 2010-022]
7. Construction in or overlapping
a drainage easement approved by the LDD shall comply with the provisions of
Sections: Art. 5.F.2.A.5, All Other Approvals Required, Art. 5.F.2.A.6, Accountability, and Art. 5.F.2.A.7, Modifications of this Chapter. [Ord. 2010-005]
The WHP, AHP, or the TDR Programs are the required methods for
increasing density above the maximum density permitted by a property’s FLUA
designation within unincorporated PBC, unless a Site Specific FLUA Amendment is
adopted pursuant to Art. 2.H, FLU Plan Amendments. [Ord. 2008-003] [Ord. 2010-005] [Ord. 2019-033]
The WHP is intended to increase the supply of housing opportunities for
persons employed in PBC in jobs that residents rely upon to make the community
viable. The WHP implements Policies 1.1-o and 1.5-g of the Housing Element of
the Comprehensive Plan, among others, by establishing an inclusionary WHP to
provide Low, Moderate 1, Moderate 2, and Middle-Income housing. The program
mandates the provision of workforce housing for all new developments in the
Urban/Suburban Tier with a residential component of ten or more dwelling units;
encourages the development of additional workforce housing through a density
bonus and other incentives; encourages the equitable geographic distribution of
workforce housing units; and, ensures a minimum affordability period. The WHP
is implemented by the Planning Division of the Planning, Zoning and Building
Department, and the Department of Housing and Economic Sustainability. [Ord.
2019-033]
a. Conflicts
In cases of conflict between this
Chapter and other Articles of this Code, the provisions of this Chapter shall
apply. In cases of conflict between this Chapter and Conditions of Approval
imposed by the Board of County Commissioners, the more restrictive shall apply.
[Ord. 2019-033]
b. Thresholds
The WHP shall apply to all new
developments with a residential component of ten or more dwelling units. [Ord. 2019-033]
c. Prior Approvals
For existing projects proposing ten or
more additional dwelling units, the program shall apply to those units being
added. [Ord. 2019-033]
d. Location
1) Urban/Suburban
Tier
The WHP applies for all new
developments with a residential component in the Urban/Suburban Tier, except as
follows: [Ord. 2019-033]
a) URA Priority
Redevelopment Areas
The WHP obligation for developments
with a UC or UI FLU shall be met through the provision of a minimum of 15
percent of all new units, pursuant to Policy 1.2.2-b of the Future Land Use
Element of the Comprehensive Plan. The Limited Incentive Option shall not be
available to these developments, nor any incentives offered through the WHP.
All other applicable provisions of the WHP shall apply. [Ord. 2019-033]
b) WCRAO
Developments of ten or more units in
the WCRAO shall not be subject to the WHP if Density Bonus Pool Units are used
pursuant to Art.
3.B.14.H.1, Density Bonus Pool. [Ord. 2019-033] [Ord. 2021-006]
2) Other Tiers
The WHP may be required by the Board
of County Commissioners in developments in other tiers through Conditions of Approval.
[Ord. 2019-033]
e. Exemptions
1) Developments utilizing the AHP. [Ord. 2019-033]
2) Congregate Living Facilities (CLFs). [Ord. 2019-033] [Ord. 2021-022]
f. Developments with Both WHP and
AHP
If a development includes both WHP
and AHP units, the Planning Director or designee shall make a determination as
to which program shall be followed, considering the affordable housing
programmatic requirements of the governmental or other agency providing
affordable housing funding. [Ord. 2019-033]
a. Definitions
1) Subject
Development
For the purposes of the WHP, the
subject development is the boundaries of the overall project generating the WHP
obligation, regardless of whether the required WHP units will be provided on
that site. [Ord. 2019-033]
2) Developer
The developer of the subject development.
[Ord. 2019-033]
3) Exchange Builder
The builder of the Exchange Project.
[Ord. 2019-033]
4) Exchange Project
The development where the WHP units
will be delivered through the Off-Site Construction/Exchange Builder Option. [Ord. 2019-033]
There are four targeted income
categories in the WHP. Income categories are derived from the Median Family
Income (MFI), also known as the Area Median Income (AMI), published annually
for Palm Beach County by the U.S. Department of Housing and Urban Development,
as follows: [Ord. 2019-033]
1) Low-Income (> 60 to 80 percent MFI); [Ord. 2019-033]
2) Moderate 1 Income (> 80 to 100 percent of MFI); [Ord. 2019-033]
3) Moderate 2 Income (> 100 to 120 percent of MFI); and, [Ord. 2019-033]
4) Middle-Income (> 120 to 140 percent of MFI). [Ord. 2019-033]
The Planning Director or designee
shall annually set and publish WHP sale and rent prices for all income
categories. [Ord. 2019-033]
1) For-sale WHP units shall target the Low, Moderate 1, and Moderate
2 categories. The sale prices shall be derived as follows: Median Family Income
for Palm Beach County (West Palm Beach/Boca Raton Metropolitan Statistical
Area) published annually by the U.S. Department of Housing and Urban
Development, multiplied by three, and adjusted to the midpoint of each of the
income categories: Low (70 percent), Moderate 1 (90 percent), and Moderate 2
(110 percent). [Ord. 2019-033]
2) Rental WHP units shall target all four WHP income categories. Rent
ranges shall be based on the monthly rent ranges published annually by Palm
Beach County based on the Florida Housing Finance Corporation Multi-Family
Rental Programs, by number of bedrooms, for the following income ranges: >
60 to 70 percent; > 70 to 80 percent; > 80 to 90 percent; > 90 to 100
percent; > 100 to 110 percent; > 110 to 120 percent; > 120 to 130
percent; and, > 130 to 140 percent of MFI. [Ord. 2019-033]
3) For the purposes of annual price updates, the WHP prices initially
established for the for-sale unit’s income category at the time of approval of
the subject development shall be the sales floor throughout the affordability
period. No WHP unit is required to be sold at a price below the sales floor,
though a seller may opt to do so. The WHP price initially established for the
rental unit’s income category at the time of approval of the subject development
shall be the rental floor throughout the affordability period. No WHP unit is
required to be rented at a price below the rental floor, though an owner may
opt to do so. [Ord. 2019-033]
d. Assignment of the Required WHP
Units
WHP required units are intended to
be distributed equally among all required income categories pursuant to Art. 5.G.1.B, Program
Options or Conditions of Approval. When assigning units to income
categories, units shall be assigned first to the highest income category,
proceeding downward to low income. This does not prohibit a developer from providing
higher numbers of lower-income units. [Ord.
2019-033]
e. Calculations
Calculations of the WHP density
bonus and WHP obligation shall be performed using two decimal places, and
standard rounding applied at the end. [Ord.
2019-033]
f. Unencumbered Units
Unless otherwise indicated, units
used to meet a WHP obligation shall not be units, which are income restricted
as a result of funding or other requirements of any other program. WHP units
shall not be subject to restrictions beyond WHP income qualifications. [Ord. 2019-033]
g. Affordability Periods
1) For-Sale Units
All for-sale WHP units shall be
income restricted for a period of 15 years (recurring), from the date of the
Certificate of Occupancy (CO) for each unit. In the event a unit is resold
before the 15-year period concludes, a new 15-year period shall take effect on
the date of resale. [Ord. 2019-033]
2) Rental Units
All rental WHP units shall be income
restricted for a period of 30 years (non-recurring), from the date of occupancy
of the first WHP unit. [Ord. 2019-033]
1) Compatible
Design and Unit Features
a) The exteriors of WHP units shall be designed compatible with
market rate units in the development. [Ord. 2019-033]
b) One of more of the following shall be provided: [Ord. 2019-033]
(1) a representative WHP model at the WHP site; [Ord. 2019-033]
(2) a representative WHP model at a different location in Palm Beach
County; or, [Ord. 2019-033]
(3) a market rate model with information delineating the differences
between the market rate model and the WHP units. [Ord. 2019-033]
c) At minimum, all for-sale WHP units shall include a refrigerator,
range, built-in microwave, dishwasher, washer, and dryer. [Ord. 2019-033]
2) Number of
Bedrooms
a) For-Sale WHP
Units
(1) All for-sale WHP units shall have a minimum of two bedrooms, and 25
percent of the for-sale WHP units shall have a minimum of three bedrooms. [Ord. 2019-033]
(2) All for-sale WHP units shall have a minimum bedroom size of 100
square feet. [Ord. 2019-033]
b) Rental WHP Units
(1) No minimum number or size of bedrooms applies to rental WHP units. [Ord. 2019-033]
The WHP offers the choice of either
a “limited” or a “full” program option, which determines the amount of required
workforce housing and the availability of other incentives. [Ord. 2019-033]
a. Intent
The Limited Incentive Option
minimizes the WHP obligation, and allows only a limited density bonus as an
incentive. [Ord. 2019-033]
b. Incentives Available
The only incentive available through
the Limited Incentive Option shall be a density bonus; the density bonus shall
not exceed 50 percent of the permitted density. [Ord. 2019-033]
c. Amount of WHP Required
The required percentage of WHP units
shall be two and one-half percent of standard density; eight percent of maximum
density; and, 17 percent of any WHP density bonus. The WHP obligation may be
further modified by the disposition option selected, per Art. 5.G.1.C.4, Methods
Available. The number of WHP units required shall be identified by the
Planning Director or designee in a WHP Letter of Determination. [Ord. 2019-033]
d. Pricing of Workforce Housing
Units
50 percent of the required WHP units
shall be provided in the Low-Income category and 50 percent of the required WHP
units shall be provided in the Moderate 1 Income category. [Ord. 2019-033]
e. WHP Letter of Determination for
Limited Incentive Developments
Developments opting for the Limited
Incentive Option are eligible for a maximum density bonus of 50 percent of the
permitted density. No additional incentives are available for the developments
using the Limited Incentive Option. For the purposes of this Subsection,
permitted density shall be the number of units allowed by the standard and
maximum density pursuant to the Comprehensive Plan; TDR units or any other
density bonus shall not be included as part of the permitted density for
purposes of calculating the WHP density bonus. [Ord. 2019-033]
Upon request, the Planning Director
or designee shall provide a WHP Determination Letter identifying the density
bonus requested, and the total number of WHP units required. This WHP
Determination Letter is to be submitted by the developer with the Zoning or Building
Permit application. [Ord. 2019-033]
a. Intent
The Full Incentive Option offers
several incentives, including a density bonus, and requires an increased amount
of workforce housing. [Ord. 2019-033]
b. Incentives Available
A development selecting the Full
Incentive Option shall have available all applicable WHP incentives provided in
this Section below, including a density bonus of up to 100 percent of the permitted
density, pursuant to the Density Bonus process in Art.
5.G.1.B.2.e, Density Bonus Determination for Full Incentive Developments. [Ord. 2019-033]
c. Amount of WHP Required
For for-sale WHP units, the required
percentage of WHP units shall be four and three-eighths percent of standard
density; 14 percent of maximum density; and, 29.75 percent of any WHP density
bonus used. For rental WHP units or in-lieu fee purposes, the required
percentage of WHP units shall be five percent of standard density; 16 percent
of maximum density; and, 34 percent of any WHP density bonus used. The WHP
obligation may be further modified by the disposition option selected, per Art. 5.G.1.C.4, Methods
Available. The number of WHP units required shall be identified by the
Planning Director or designee in a WHP Letter of Determination, pursuant to the
Density Bonus process in Art.
5.G.1.B.2.e, Density Bonus Determination for Full Incentive Developments
below. [Ord. 2019-033]
d. Pricing of Workforce Housing
Units
Units shall be priced in all
applicable income categories, pursuant to Art. 5.G.1.A.3.c,
Pricing. [Ord. 2019-033]
Developments opting for the Full
Incentive Option are eligible for a density bonus of up to 100 percent of
permitted density. For the purposes of this Subsection, permitted density shall
be the number of units allowed by the standard and maximum density pursuant to
the Comprehensive Plan; TDR units or any other density bonus shall not be
included as part of the permitted density for purposes of calculating the WHP density
bonus. [Ord. 2019-033]
1) Full Incentive
Developments Requesting a WHP Density Bonus up to and including 50 Percent
For Full Incentive Developments
requesting a WHP density bonus of up to and including 50 percent, upon request
the Planning Director or designee shall provide a WHP Determination Letter
identifying the density bonus requested, and the total number of WHP units
required. This WHP Determination Letter is to be submitted by the developer
with the Zoning or Building Permit application. [Ord. 2019-033]
2) Full Incentive
Developments Requesting a WHP Density Bonus Greater Than 50 Percent
For developments requesting a WHP
density bonus of greater than 50 percent, the Planning Director or designee
shall review the request pursuant to the following process: [Ord. 2019-033]
a) Density Bonus
Pre-Application Appointment
Requests received for density
bonuses greater than 50 percent shall be scheduled for the next available
Pre-Application Appointment, which shall be conducted regularly by the Planning
Division, according to a schedule published by the PZB Department.
Pre-Application Appointments shall include other appropriate County Departments
and Agencies, as determined by the PZB Department. The developer shall be
required to participate in the Pre-Application Appointment for the proposed
development, to discuss the proposed development and unit types,
characteristics of the site and surrounding area, and other relevant factors. [Ord.
2019-033]
b) Factors for Consideration
Staff shall consider the following
factors in developing a maximum density and density bonus recommendation. [Ord.
2019-033]
(1) The extent of which the proposed WHP units further County
objectives: [Ord. 2019-033]
(a) The intent to provide the workforce housing units on site; [Ord. 2019-033]
(b) The intent to provide Single Family and for-sale workforce housing
units; [Ord. 2019-033]
(c) The proximity of the location where the WHP units are to be
provided to employment centers; [Ord.
2019-033]
(d) The concentration of households with incomes in the WHP income
categories, in the location where the WHP units are to be provided. [Ord. 2019-033]
(2) The potential impact of the proposed density bonus: [Ord. 2019-033]
(a) The total number of units proposed, including any Transfer of
Development Rights; and [Ord. 2019-033]
(b) The compatibility with the character of the adjacent and surrounding
area in the location of the subject development. [Ord. 2019-033]
c) Density Bonus
Recommendation
Within ten days following the
Pre-Application Appointment, the Planning Director or designee shall provide a
written WHP Letter of Determination identifying the recommended maximum density
bonus and the total number of WHP units required, subject to further
limitations due to property development regulations and other factors in the
development review process. The Planning Director or designee shall provide the
WHP Letter of Determination to the developer, DRO, ZC, or BCC, whichever is
appropriate and may include recommended Conditions of Approval for the
resulting Development Order. [Ord. 2019-033]
1) Traffic
Performance Standards Mitigation
a) WHP Special
Methodologies
TPS mitigation shall be permitted
for developments where the required WHP units are being provided in accordance
with Policy 1.2-d(4) of the Transportation Element of the Comprehensive Plan. [Ord.
2019-033]
b) WHP Traffic
Concurrency Hall Pass
TPS mitigation shall also include
the option of applying for a WHP Traffic Concurrency Hall Pass separate from a Development
Order application. The WHP Traffic Concurrency Hall Pass serves as a
provisional traffic concurrency approval for a period of not more than 90 days,
during which it must be merged into an application submitted for a Concurrency
Reservation approval. The WHP Traffic Concurrency Hall Pass is described
further in Art.
2.F, Concurrency (Adequate Public Facility Standards). [Ord. 2019-033]
2) Expedited Review
The following expedited review
processes may apply to a development where the required WHP units are being
provided: [Ord. 2019-033]
a) Design Review
Review of Multifamily or Townhouse
structures by the Building Division and Fire Rescue shall be allowed concurrent
with Final DRO review, prior to permit application. [Ord. 2019-033]
b) Platting
(1) If only a boundary plat is required for an existing single lot, Building
Permits may be issued after submittal of the Final Plat for recordation. [Ord. 2019-033]
(2) If a subdivision plat is required, permits will be concurrently
reviewed, but only issued at recording of the plat. [Ord. 2019-033]
(3) Pursuant to Art. 3.E.1.H.1, Standards,
Building Permits may be issued for Sales Offices, Sales Models, gatehouses,
entry features, and utilities prior to the recording of the Final Plat. [Ord. 2019-033]
3) Flexibility in
Property Development Regulations
a) Purpose and
Intent
To provide flexibility from property
development and other related regulations in order to provide greater
opportunity for cost-effective development of WHP units. These provisions are
not intended to supersede deviations that are normally addressed through the Variance
process. These options shall only be granted at the time of approval for the
entire development, and shall not be granted on a lot-by-lot basis. [Ord.
2019-033]
b) Applicability
Full Incentive Option developments
providing all the required WHP units on site may utilize the flexibility in property
development regulations listed herein. This flexibility shall be granted for
all units of the same unit type as the WHP units, in all pods where WHP units
are being provided. [Ord. 2019-033]
c) Justification
Report
Use of these provisions shall not be
granted by right, and shall require submittal of a justification report that
demonstrates that deviations are the minimum needed to allow for the use of
density bonus incentives. The report shall include the following: [Ord. 2019-033]
(1) The regulations that are proposed to be modified. [Ord. 2019-033]
(2) The amounts and specifics of the requested deviation(s). [Ord. 2019-033]
(3) The areas within the development that the deviation(s) will be
applied to. [Ord. 2019-033]
(4) Graphic representations such as, but not limited to, Site Plans,
elevations, perspectives, and typical examples, showing how the deviations will
meet the intent of the district and WHP with emphasis on open space, privacy,
maintenance, and public health, safety, and welfare. [Ord. 2019-033]
d) Site Plan
Approval
Any deviations sought pursuant to
this Subsection shall be reflected on Site Plans submitted for DRO approval. [Ord.
2019-033]
e) Drainage
Any reduction in lot size or open
space area, or increase in building coverage shall be subject to approval of a
drainage study demonstrating that reduced pervious surface area will not create
adverse drainage issues. [Ord. 2019-033]
f) Option 1 – RT
District
The zoning for parcels electing to
use this option must be in compliance with Art. 3.A.3,
Zoning District Consistency with the Future Land Use Atlas (FLUA). [Ord.
2019-033]
(1) RT PDR
Deviations
Deviations from the minimum PDRs for
the RT district with an LR-2 or LR-3 FLU designation may be in accordance with Table 5.G.1.B, RT
Deviations for WHP, only for those developments that exceed the standard
density in the footnote in FLUE Table 2.2.1-g.1, Residential Future Land Use
Designation Maximum Density, and utilize a minimum density bonus of 20 percent.
[Ord. 2019-033]
Table 5.G.1.B – RT Deviations for WHP
|
Zoning
District
|
Applicability
|
FLU
|
|
|
|
|
|
|
|
|
RT
|
TDR,
WHP
|
LR-2
|
12,000 sq. ft.
|
85’
|
35%
|
100’
|
ND
|
ND
|
RT
|
TDR,
WHP
|
LR-3
|
9,000 sq. ft.
|
65’
|
40%
|
80’
|
1st floor –
10’
|
1st floor –
15’
|
[Ord.
2006-055] [Ord. 2019-033]
|
Key:
|
ND
|
No deviation.
|
|
|
|
|
|
|
|
|
|
|
g) Option 2 – TND
Regulations
Developments eligible for this
option shall be permitted to utilize the PDRs of Table
3.F.3.D, TND Residential Lot Size and Setback Regulations, subject to
meeting the requirements of Art. 3.F.3.D.5,
Residential Uses and the following limitations: [Ord. 2019-033]
(1) U/S Tier only; [Ord. 2019-033]
(2) Development does not qualify to be a TND or use Option 1 or 3; and,
[Ord. 2019-033]
(3) If the development has an LR-1, LR-2, LR-3, or MR-5 FLU
designation, the development shall meet all requirements for and be approved as
a PDD. [Ord. 2019-033]
h) Option 3 –
Flexible Regulations
Developments with MR-5, HR-8, HR-12,
or HR-18 FLU designations, or if approved as a PDD or TDD, may deviate from the
residential requirements of Table 3.D.1.A,
Property Development Regulations, or Table 3.D.2.B,
ZLL Property Development Regulations, as follows: [Ord. 2019-033]
(1) SFD units may be permitted up to a maximum ten percent deviation for
the following PDRs: lot size; width and frontage; building coverage; and, side
and rear setbacks. [Ord. 2019-033]
(2) SFD units limited to one floor with no loft or other similar
feature, may be permitted up to a maximum 20 percent deviation for the following
PDRs: building coverage; and front and side street setbacks. [Ord. 2019-033]
(3) ZLL lots may be permitted up to a maximum lot width reduction of
five feet, and ten percent deviation from the minimum lot size, building
coverage, and front setback for units with front loading garages. [Ord. 2019-033]
i) Option 4 – PDD
Open Space Reduction
Developments which elect to utilize
a density bonus of not less than 15 percent, may reduce the 40 percent open
space requirement of Table 3.E.2.C,
PUD Land Use Mix, to not less than 30 percent open space, provided the development
incorporates common usable open space areas as defined in Art. 1.H.2.O.13,
Open Space, Usable for WHP. [Ord. 2019-033]
j) Option 5 –
Internal Incompatibility Buffers
Required Incompatibility Buffers
between SFD and MF units within a development shall not be required. [Ord.
2019-033]
k) Option 6 –
Relocation of Units to Civic Tracts
Residential units may be permitted
in a Civic Pod subject to PREM approval. This may include collocating
residential units with civic uses. The DRO shall have the following authority
where PREM approval is obtained after BCC approval of the overall development: [Ord.
2019-033]
(1) In the case of a civic site cash out, the deletion of the Civic Pod
and increase in Residential Pod area; or [Ord.
2019-033]
(2) The relocation of residential units to a Civic Pod, or the
relocation of residential units where the Civic Pod is deleted. [Ord. 2019-033]
Subject developments requesting
density bonuses greater than 50 percent are subject to a Class A Conditional
Use approval; approval processes for developments with density bonuses up to
and including 50 percent are determined by the applicable thresholds in Art. 3, Overlays and
Zoning Districts and Art.
4, Use Regulations of the Code. [Ord. 2019-033]
The developer is required to declare
the selected method to meet the WHP requirement prior to certification for
public hearing for approval of the proposed subject development, or at DRO if
the subject development is not subject to public hearing. The declared method
shall be included as a Condition of Approval. [Ord. 2019-033]
A change to the selected method
cannot be requested after Building Permits have been issued for more than 25
percent of the units in the subject development. A change to the declared
method shall be subject to the same approval process through which the subject
development received approval. For developments subject to public hearing,
approval of a change in declared method shall be at the discretion of the Board
of County Commissioners. The developer may request Expedited Application
Consideration for a Development Order Amendment pursuant to Art. 2, Application
Processes and Procedures. Any necessary amendments to the recorded Master
Covenant for the subject development as a result of the change of declared
method shall be recorded by the developer no later than 60 days following the
approval of the change. [Ord. 2019-033]
A change to a subject development’s
unit total, unit type, or declared method or WHP unit location shall require a
recalculation of the workforce housing obligation, and shall include
reassessment of the density bonus pursuant to the process outlined in Art.
5.G.1.B.2.e, Density Bonus Determination for Full Incentive Developments.
Any recalculation that reduces the number of units approved on the subject development’s
Final Site Plan may require that the Final Site Plan be amended to reflect the
reduced unit count, or the purchase of Transfer of Development Rights in the
amount of the reduction. [Ord. 2019-033]
Several alternative methods are
available for the disposition of a subject development’s WHP obligation: [Ord.
2019-033]
a. WHP On-Site Construction Option
WHP units may be located on site. For
Single Family or Townhouse for-sale developments using the Full Incentive Option,
the number of required WHP units may be reduced by 20 percent if all required
WHP units are to be provided as on-site, for-sale, Single Family units, or
reduced by ten percent if provided as on-site, for-sale, Townhouse units. Prior
to Final DRO approval, the developer shall identify on the plan the total
number of WHP units proposed for the subject development within each pod or
phase, as applicable. 50 percent of WHP units must receive Certificates of Occupancy
prior to the issuance of 50 percent of market rate unit Building Permits in the
subject development. All WHP units must receive Certificates of Occupancy prior
to issuance of no more than 85 percent of the residential Building Permits in
the subject development. [Ord. 2019-033]
WHP units may be located off site
using the options listed below. For-sale subject developments that opt to
provide the required WHP units as off-site rental units through off-site
constriction, through the Purchase of Market Rate Units, or through an Exchange
Builder, shall have a WHP obligation one and one-half times the number of WHP
units required if developed on site not including the on-site reduction.
Off-site options may be accommodated in municipalities located within Palm Beach
County. When the obligation is to be met in a municipality, the developer shall
provide written confirmation to the Planning Director or designee that the
administrator or manager of the municipality has been notified that the WHP
unit obligation is to be met in the municipality, prior to the issuance off the
first WHP Building Permit; or prior to the recordation of a deed restriction or
deed transfer to the County for a market rate unit pursuant to Art.
5.G.1.C.4.b.3), Off-Site Option 3 – Purchase of Market Rate Units. The
enforcement of any requirements of this Section for units provided in
municipalities shall be the responsibility of Palm Beach County. For subject developments
outside the Westgate Community Redevelopment Area Overlay that opt to locate
WHP units in the WCRAO, no more than ten percent of the development’s WHP units
to be located in the WCRAO shall be in the Low-Income category. The developer
shall provide written confirmation to the Planning Director or designee that
the WCRA has been notified that WHP units will be provided in the WCRAO. [Ord. 2019-033]
1) Off-Site Option
1 – Off-Site Construction/Same Developer
Prior to issuance of the first residential
Building Permit or Final DRO approval for the subject development, whichever
comes first, all contracts or related agreements for any off-site option
evidencing site control and necessary approvals shall be approved by the County
Administrator, or designee. Certificates of Occupancy shall be issued for a
minimum of 50 percent of the required WHP units to be constructed off-site
prior to the issuance of no more than 50 percent of the Building Permits in the
subject development. All off-site WHP units must receive Certificates of Occupancy
prior to issuance of no more than 85 percent of the Building Permits in the
subject development. The Site Plan, the Master Covenant, or other appropriate
document shall be amended to reflect the number of WHP units, including the
number in each applicable WHP income category, to be located on the receiving
site(s). The Planning Director or designee shall determine the appropriate
document and the timeframe for the modification, which shall be no later than the
85 percent threshold identified in this paragraph. [Ord. 2019-033]
2) Off-Site Option 2 – Off-Site Construction/Exchange
Builder
The Off-Site Construction/Exchange Builder
Option shall be evaluated and a report provided to the Board of County
Commissioners no later than three years from the effective date of this
Ordinance. Provision of required WHP units may be arranged by the developer of
the subject development through an Exchange Builder who will provide them off site,
subject to the following: [Ord. 2019-033]
a) The exchange price shall be set by the County at 80 percent of the
in-lieu fee associated with the subject development. [Ord. 2019-033]
b) A subject development which received a Development Order prior to
the effective date of Ordinance No. 2019-033 may select the Exchange Builder
Option as the subject development’s disposition option, provided that: [Ord.
2020-021]
(1) No residential Building Permits have been issued for the subject
development; [Ord. 2020-021]
(2) The Development Order for the subject development shall be revised
through the Zoning Agency Review process to reflect the change in disposition,
and shall include any necessary notes, condition changes, and amendments to previously
approved plans; [Ord. 2020-021]
(3) The exchange price shall be 80 percent of the applicable in-lieu
fee in effect at the time of the Development Order for subject development;
and, [Ord. 2020-021]
(4) All other provisions of Art. 5.G.1.C.4.b,
WHP Off-Site Options and Art.
5.G.1.C.4.b.2), Off-Site Option 2 – Off-Site Construction/Exchange Builder shall
apply. [Ord. 2020-021]
c) All exchange projects that propose to utilize other programs in
addition to WHP exchange payments that will result in income restrictions on
WHP units will require the approval of the Board of County Commissioners. This
approval is required prior to the earlier of Final DRO or first Building Permit.
[Ord. 2019-033]
d) Prior to issuance of the first residential Building
Permit for the subject development, the developer of the subject development
shall select one of the following two options: [Ord. 2019-033]
(1) Demonstrate engagement of an Exchange Builder, who
shall provide: [Ord. 2019-033]
(a) Evidence of receipt of payment of the required exchange price; [Ord. 2019-033]
(b) A detailed description of the proposed exchange project, including
site location; the site’s land use designation, zoning, and density bonus
determination if applicable; the total number of proposed units by type, size,
and income category; proposed exchange project layout including the number and
type of buildings; proposed exchange project schedule; status of any
development approvals; pro forma
financial statements demonstrating the exchange project’s financial viability; and,
documentation evidencing availability of all sources of funding required for
the exchange project development budget, including documentation from the
financing source(s) providing a firm or a conditional commitment to financing
and identifying all financing terms and conditions. [Ord. 2019-033]
(c) Evidence of control of the proposed exchange project site, through
a recorded deed or title, or an executed purchase agreement or purchase option,
approved by the County Attorney for legal sufficiency and by the County
Administrator or designee; [Ord. 2019-033]
(d) A recorded Restrictive Covenant for the exchange project site; and,
[Ord. 2019-033]
(e) Guarantee acceptable to Palm Beach County and approved by the
County Attorney’s Office for an amount equal to 80 percent of the full in-lieu
fee. The guarantee shall be for a term not to exceed 39 months, and of a type
described in Art.
11.B.2.A.6, Guarantees. [Ord. 2019-033]
(2) Provide guarantee acceptable to Palm Beach County and approved by
the County Attorney’s Office, for an amount equal to 100 percent of the in-lieu
fee. The guarantee shall be for a term not to exceed 39 months, and of a type
described in Art.
11.B.2.A.6, Guarantees. Prior to issuance of no more than 25 percent of the
Building Permits in the subject development, the developer of the subject
development shall have the option to replace the guarantee provided at first Building
Permit with items meeting the requirements of Art.
5.G.1.C.4.b.2)d)(1) above. If at 25 percent of Building Permits the
required information has not been provided or is not approved by the County
Administrator or designee, the developer may pay the full in-lieu fees, and if
not Palm Beach County shall file a claim against the guarantee for 100 percent
of the in-lieu fees. Prepayment of the in-lieu fee by the developer shall not
be allowed. [Ord. 2019-033]
e) Prior to the end of the 36th month of the guarantee, all WHP units
shall be issued COs or a renewed guarantee shall be delivered by the Exchange Builder
to Palm Beach County. The terms of the renewed guarantee shall be at the discretion
of Palm Beach County, but in no case shall exceed an additional three months
beyond the term of the original guarantee. The amount of the renewed guarantee
shall be prorated to reflect any WHP units already issued Certificates of Occupancy.
The Exchange Builder may request additional time beyond the three-month
extension; approval of such a request will be at the discretion of the Board of
County Commissioners and will require a renewed guarantee for the extension
approved by the Board. If neither the required WHP units nor an acceptable
renewed guarantee is delivered, Palm Beach County shall collect the guarantee. [Ord.
2019-033]
f) During the three-year evaluation period for the Off-Site
Construction/Exchange Builder Option, County Administration shall provide the
Board of County Commissioners with status reports annually or more frequently
as needed, identifying the progress made by the Exchange Builders engaged under
this option. [Ord. 2019-033]
g) The Site Plan, the Master Covenant, or other appropriate document
shall be amended to reflect the number of WHP units, including the number in
each applicable WHP income category, to be located on the exchange project(s).
The Planning Director or designee shall determine the appropriate document and
the timeframe for the modification, which shall be no later than the 85 percent
threshold identified in Art. 5.G.1.C.4.b.2)d)
above. [Ord. 2019-033]
3) Off-Site Option 3 – Purchase of Market Rate Units
Purchase of existing market rate
units to be deeded to the County, sold to eligible households and deed
restricted, or retained by the developer subject to recordation of a deed
restriction that meets the intent of this provision and subject to the conversion
factor pursuant to Art. 5.G.1.C.4.b,
WHP Off-Site Options if applicable. Prior to issuance of the first residential
Building Permit or Final DRO approval for the subject development, whichever
comes first, all contracts or related agreements for any off-site option
evidencing site control and necessary approvals shall be approved by the County
Administrator, or designee. A minimum of 50 percent of the units must be
purchased and deeded to the County or deed restricted prior to the issuance of
no more than 50 percent of the residential Building Permits in the subject
development. All market rate units shall be purchased and deeded to the County
or deed restricted prior to issuance of no more than 85 percent of the COs in
the subject development. The market rate units shall be approved by the
Department of Housing and Economic Sustainability, and must meet housing
quality standards and criteria established by PBC. The Site Plan, the Master
Covenant, or other appropriate document shall be amended to reflect the number
of WHP units, including the number in each applicable WHP income category, to
be located on the receiving site(s). The Planning Director or designee shall
determine the appropriate document and the timeframe for the modification, which
shall be no later than the 85 percent threshold identified in this paragraph. [Ord. 2019-033]
c. Donation of Buildable Land Option
Donation of developable land
acceptable to the County in an amount equal to the buyout costs of the affected
units. Donated land must be approved by the Property and Real Estate Management
Division and deeded to the County prior to issuance of 50 percent of the
residential Building Permits in the subject development. [Ord. 2019-033]
1) In-lieu fees shall be: 120,000 dollars for Single Family units,
100,000 dollars for Townhouse units, and 75,000 dollars for Multifamily units,
as defined by Art. 4,
Use Regulations of the ULDC. Beginning on September 29, 2021 the in-lieu
fee amounts shall be adjusted annually in accordance with the annual All Items
Consumer Price Index for All Urban Consumers (CPI-U) for the U.S. City Average,
not seasonally adjusted, as published by the U.S. Bureau of Labor Statistics. [Ord. 2019-033]
2) The in-lieu fees assessed for a subject development shall be based
on the unit type of the subject development. For subject developments with a
mix of unit types, the in-lieu fees shall be calculated based on the unit type
distribution in the subject development. [Ord.
2019-033]
3) Fees shall be paid prior to the issuance of 50 percent of
residential unit Building Permits for the subject development. Fees shall be
made payable to the Palm Beach County Board of County Commissioners and
submitted to the Department of Housing and Economic Sustainability. The payment
shall be deposited in the WHP Trust Fund maintained by the PBC Department of
Housing and Economic Sustainability. [Ord.
2019-033]
Developments approved prior to September
29, 2019, which by that date have recorded a Master Covenant indicating that the
WHP obligation will be met on site, received Certificates of Occupancy for at
least 85 percent of approved units, and have an approved Master Plan reflecting
the required WHP units on site, may request approval of the Board of County
Commissioners to pay the in-lieu fee for a portion of the obligation. This
option is available only for units that have not been previously offered for
rent or sale as WHP units. The in-lieu amount shall be based on the applicable
in-lieu fee in effect at the time of the issuance of the first residential Building
Permit for the subject development, and shall include interest, calculated from
the date of the first residential Building Permit, using the rate in effect at
the time of election, as set by the Florida Chief Financial Officer pursuant to
F.S.
§ 55.03(1) (2018). Upon approval by the Board and payment of the required
amount, the County shall schedule BCC consideration of amendments to the Master
Covenant to reflect the revised disposition of workforce obligation for the
subject development. This provision shall sunset 90 days following the
effective date. [Ord. 2019-033]
Except as noted, the following
Section applies to subject developments that opt to dispose of the WHP
obligation through the following methods: On-Site Construction, Off-Site Construction/Same
Developer, Off-Site Construction/Exchange Builder, or Purchase of Market Rate Units.
Required WHP units may be delivered as for-sale or for-rent units. [Ord.
2019-033]
a. Master Covenant
1) Prior to first Building Permit on the subject development, the
developer of the subject development shall record in the Public Records of Palm
Beach County a Master Covenant binding the entire subject property, in a form
provided by the County, which identifies the WHP unit requirement for the
subject development and addresses the requirements of this Subsection.
Developments for which the in-lieu fee has subsequently been paid to Palm Beach
County as a result of the guarantee provided in the Exchange Builder Option,
pursuant to Art.
5.G.1.C.4.b.2), Off-Site Option 2 – Off-Site Construction/Exchange Builder,
and no units subject to WHP were provided prior to the County receiving payment
pursuant to the guarantee, many request that the Master Covenant be released. [Ord. 2019-033]
2) The Restrictive Master Covenant shall include but not be limited
to restrictions requiring: that all identified WHP units shall be sold or
resold only to a purchaser certified by the Department of Housing and Economic
Sustainability, at or below the price established annually by Palm Beach County
for the income category of the WHP unit, subject to the affordability
requirements and provisions of this Article; that the County shall have the
exclusive option to purchase WHP units that are unsold at day 150 of the
required marketing period; that rental of units is permitted only under
specific circumstances, for limited periods of time, and with prior approval by
the Director of the Department of Housing and Economic Sustainability; that
these restrictions remain in effect for 15 years recurring from the date of the
CO for each unit; and, that in the event a unit is resold before the 15-year
period concludes, a new 15-year period shall take effect on the date of resale.
The Master Covenant shall further provide monitoring and compliance
requirements including but not limited to those set forth below to ensure
compliance with the WHP, and provide that every deed for sale of a WHP housing
unit shall incorporate by reference the Master Covenant and shall specify the
income category associated with the unit. [Ord.
2019-033]
b. Process for Initial Sale of WHP
Units
1) Pricing/Affordability
a) WHP units shall be sold at or below the current designated price
for the unit’s income category. In the even that an income-certified purchaser
seeks to purchase a WHP unit whose price has increased through annual price
adjustments pursuant to this Article, the developer of that WHP unit shall
honor the price in effect at the time of the purchaser’s income certification,
provided that the purchaser enters into a purchase contract within one year of
the date of income certification. [Ord. 2019-033]
b) Developers shall not be required to provide units in an income
category when the category price is greater than the median sales price for the
County. These units are eligible for the In-Lieu payment pursuant to Art. 5.G.1.C.4.d,
In-Lieu Fee Option, or can be distributed equally among the remaining
income categories. [Ord. 2019-033]
c) The price of a for-sale WHP unit shall not be raised once a unit
is under contract to a purchaser. Purchase price of the WHP unit, including all
charges imposed by the seller, cannot exceed the maximum WHP price for the
income category. Options selected by the purchaser, including but not limited
to upgraded finishes or premium lots, shall not be reflected in the sales price
of WHP units, but may be paid by the purchaser at the time of contract
execution, or included as a line item on the closing/settlement statement.
Earnest money deposit required of purchasers shall not exceed two percent of
the sales price. [Ord. 2019-033]
d) Affordability restrictions remain in effect for 15 years recurring
from the date of the CO for each unit; in the event a unit is resold before the
15-year period concludes, a new 15-year period shall take effect on the date of
resale. [Ord. 2019-033]
e) Rental of for-sale units is permitted only under specific
circumstances, for limited periods of time, to income-qualified renters, at or
below the prices established annually by Palm Beach County for the unit’s
designated income categories, and with prior approval by the Director of the Department
of Housing and Economic Sustainability based on criteria established by the
Department. [Ord. 2019-033]
2) Qualification
and Certification for For-Sale Purchasers
WHP units shall be sold only to a
purchaser certified by the Department of Housing and Economic Sustainability.
HES shall qualify prospective purchases and issue a certification letter
confirming eligibility to purchase the WHP unit. Palm Beach County retains the
right to qualify purchasers for units in categories above or below their income
category. When available, down payment assistance may be offered for all
workforce housing purchasers; Palm Beach County shall not be obligated to
provide down payment assistance to any purchaser. The amount of financial
assistance, if any, that is available for purchase of the WHP unit shall be
identified in the certification letter. The HES certification process shall be
implemented according to procedures established and published by the
Department. [Ord. 2019-033]
3) Closing
a) The process and requirements for closing of sales of WHP units
shall be as set forth in County procedures. [Ord. 2019-033]
b) Every warranty deed documenting a sale of a WHP unit shall include
a statement that a unit is subject to covenants, conditions, and restrictions
including the Master Covenant, and shall include the date of recordation of the
Master Covenant, and the Book and Page of the Official Record. [Ord. 2019-033]
4) Compliance
Reporting during Initial Sales Period
Beginning with the commencement of
sales of WHP units, until such time as all WHP units have been sold, the
developer or Exchange Builder will provide to the County monthly reports
detailing the number of WHP and market rate units built, the number under
contract, and the number sold. The developer shall also provide notice to the
Planning Director or designee if ownership of the subject development, or
exchange project, has been transferred. [Ord.
2019-033]
5) Marketing of WHP
Units
a) WHP Units
Delivered through the Exchange Builder or Purchase of Market Rate Options
The marketing of WHP units delivered
through an Exchange Builder, and the marketing of Purchase of Market Rate WHP Units
which are intended to be sold by the developer, shall be the responsibility of
the developer or Exchange Builder. If requested, the County may provide, at the
County’s sole discretion, a list of interested parties, WHP brochures,
informational packets, or other information or assistance for the marketing of
for-sale WHP units delivered through these options. [Ord. 2019-033]
b) WHP Units
Delivered through the On-Site Construction or Off-Site/Same Developer Options
The County shall prepare and publish
minimum marketing requirements applicable to WHP units provided through the WHP
On-Site Construction Option or Off-Site Construction by Same Developer Option.
The marketing requirements shall address the following, at minimum: [Ord.
2019-033]
(1) The intent that the developer will act in good faith to market and
sell the WHP units in the same manner as the market rate units and for the same
period of time. [Ord. 2019-033]
(2) The marketing of WHP units shall commence concurrent with the
marketing of market rate units, and shall continue until at least 75 percent of
the for-sale market rate units have been issued Certificates of Occupancy, but
not less than 180 days. [Ord. 2019-033]
(3) Prior to commencement of sales, the developer shall obtain from the
Director of HES or designee a list of interested parties, WHP brochures, and
informational packets which provide the qualification standards, terms of the
Restrictive Master Covenant, where to go to get qualified, and other relevant
information regarding the WHP units. [Ord.
2019-033]
(4) The developer shall provide notice of commencement of sales to the
Planning Director or designee, the Director of HES, and the list of interested
parties. The notice shall include the address where the WHP units are located,
the address of the sales office, the hours of the sales office, the floor plan
and construction specifications for the WHP units, and the pricing of the WHP
units. The developer shall provide to the Planning Director or designee proof
of notice to the interested parties list, in the form of a copy of the email or
letter sent, and a copy of the distribution list. [Ord. 2019-033]
(5) Within ten days of receipt, the County shall provide written
acknowledgement of the notice of commencement of sales. [Ord. 2019-033]
(6) The developer shall maintain in the sales office and in the sales
office of the subject development if the WHP units are located off site, hard
physical copies of the informational packets obtained from HES, available to
any and all potential buyers. The developer shall also maintain hard physical
copies of the County’s WHP brochure and prominent displays indicating that
certain units are available for purchase for qualified households subject to the
WHP provisions, and shall identify the location and availability timeframe for
the WHP units. [Ord. 2019-033]
(7) The developer shall attend all housing workshops, fairs,
orientations, and other WHP events requested by HES during the marketing
period, and shall present information about the WHP units and purchase options.
[Ord. 2019-033]
(8) The developer shall maintain publicly accessible website landing
pages for the WHP units that are prominently displayed on the subject
development’s primary webpage, starting at the time of commencement of sales of
the market rate units. [Ord. 2019-033]
(9) The developer shall provide monthly documentation to the Planning
Director or designee demonstrating that the required materials are available in
the sales office and prominently displayed, that the developer is participating
in County WHP events, that the website for the WHP units is active and easily
accessed, and that marketing efforts for the WHP units are consistent with the
marketing efforts for the market rate units. Documentation shall include
photographs of the required materials and displays demonstrating a prominent
location in the sales office, screenshots of webpages, copies of mailers, photos
of billboards, proof of television, radio, newspaper, or online advertisements,
for both market rate and WHP units, and shall include a log of visitors and
callers interested in the WHP units. [Ord.
2019-033]
c) The County may conduct site visits and inspections to verify
compliance with the requirements of this Section. [Ord. 2019-033]
6) Release of
Obligation
Release of obligation is available
only for subject developments delivering WHP required units as for-sale units
through the WHP On-Site Construction or the Off-Site Construction by Same Developer
disposition options. It is not the intent of the WHP provisions to require a
developer to commence construction on any WHP for-sale unit for which a valid
and binding contract for purchase between developer and purchaser has not been
executed. In the event WHP units have been marketed according to the
requirements of this Article, then the WHP units are eligible to be released
from the WHP obligations indicated in the Master Covenant pursuant to the
process below. [Ord. 2019-033]
a) The developer shall provide a written notice to the Planning
Director or designee requesting release of obligation and confirmation of the
In-Lieu cash payment amount. The request shall include documentation demonstrating
that at least 75 percent of the for-sale market rate units in the subject
development have received Certificates of Occupancy. [Ord. 2019-033]
b) The County shall provide a written response to the developer,
within ten business days of receipt, indicating the County’s
agreement/disagreement with request for release of obligation and confirming
the amount of the required In-Lieu cash payment. [Ord. 2019-033]
c) Upon payment of the required In-Lieu cash payment, the WHP unit
shall thereafter be released from any and all obligations of the WHP
requirements of the ULDC and the County shall provide written confirmation that
the unit has been released, inclusive of release from the Master Covenant. [Ord.
2019-033]
d) Should a developer wish to appeal the Planning Director’s
determination that a subject development has not met the requirements for a
release of obligation; the appeal shall be pursuant to Art. 2.A.14.C.2.d,
Interpretations of the ULDC. [Ord. 2019-033]
c. Process for Subsequent Sales
1) Pricing/Affordability
a) Affordability restrictions remain in effect for 15 years recurring
from the date of the CO for each unit; in the event a unit is resold before the
15-year period concludes, a new 15-year period shall take effect on the date of
resale. [Ord. 2019-033]
b) An owner intending to sell a WHP unit during the affordability
period must notify the Planning Director or designee in writing of the intent
to sell, and request a resale price determination. The Planning Director or
designee will determine the current maximum resale price based on the income
category of the WHP unit and the current sales price for that category. The WHP
price initially established for the for-sale unit’s income category at the time
of approval of the subject development shall be the sales floor throughout the
affordability period. No WHP unit is required to be sold at a price below the
sales floor, though a seller may opt to do so. [Ord. 2019-033]
2) HES Review
a) Qualification
and Certification of For-Sale Purchasers
WHP units shall be sold only to a
purchaser certified by the Department of Housing and Economic Sustainability.
Unit owners shall refer prospective purchasers to HES, who shall qualify
prospective purchasers and issue a certification letter confirming eligibility
to purchase the WHP unit. Palm Beach County retains the right to qualify
purchasers for units above or below their income category. When available, down
payment assistance may be offered for all workforce housing buyers; Palm Beach
County shall not be obligated to provide down payment assistance to any purchaser.
The amount of financial assistance, if any, that is available for purchase of
the WHP unit shall be identified in the certification letter. The HES
certification process shall be implemented according to procedures established
and published by the Department. [Ord. 2019-033]
3) Closing
a) The process and requirements for closing of sales of WHP units
shall be as set forth in County procedures. [Ord. 2019-033]
b) Every warranty deed documenting a sale of a WHP unit shall include
a statement that a unit is subject to covenants, conditions, and restrictions
including the Master Covenant, and shall include the date of recordation of the
Master Covenant, and the Book and Page of the Official Record. [Ord. 2019-033]
d. Annual Compliance Reporting
The owner of the WHP unit shall
submit to the Planning Director or designee, on a form provided by the County,
an annual report containing information and documentation to demonstrate
continued compliance with the WHP. The County may conduct site visits at
reasonable times, or perform other independent investigation to verify
continued compliance with the WHP. [Ord.
2019-033]
a. Master Covenant
1) Prior to first Building Permit on the subject development, the
developer of the subject development shall record in the Public Records of Palm
Beach County a Master Covenant binding the entire project, in a form provided
by the County, which identifies the WHP unit requirement for the subject
development and addresses the requirements of this Subsection. Subject
developments for which the in-lieu fee has subsequently been paid to Palm Beach
County as a result of the guarantee provided in the Exchange Builder Option,
pursuant to Art.
5.G.1.C.4.b.2), Off-Site Option 2 – Off-Site Construction/Exchange Builder,
and no units subject to the WHP program were provided prior to the County
receiving payment pursuant to the guarantee, may request that the Master
Covenant be released. [Ord. 2019-033]
2) The Master Covenant shall include but not be limited to
restrictions requiring: that all required WHP units shall be rented only to an income-qualified
household, in an income category corresponding to the WHP obligation of the
subject development, at or below the prices established for the income category
annually by Palm Beach County, subject to the affordability requirements and
provisions of this Article; that these restrictions remain in effect for a
period of 30 years (non-recurring) for each unit, from the date of occupancy of
the first WHP unit; and that in the event a rental complex is resold before the
30-year period concludes, the new owner assumes the requirement for the number
of remaining years; and the number of years remaining shall be determined by the
Planning Director or designee; and shall take effect on the date of resale. The
Master Covenant shall further provide monitoring and compliance requirements
including but not limited to those set forth below to ensure compliance with
the WHP. Every deed for a rental development with WHP housing units and every
rental agreement for each WHP unit shall incorporate by reference the Master
Covenant. [Ord. 2019-033]
b. Pricing/Affordability
1) All required WHP units shall be rented only in the designated
income categories corresponding to the WHP obligation of the subject
development, at or below the prices established by Palm Beach County. [Ord. 2019-033]
2) Affordability restrictions remain in effect for a period of 30
years (non-recurring) for each rental unit, from the date of occupancy of the
first WHP unit; in the event a rental complex is resold before the 30-year
period concludes for all units, the new owner assumes the requirement for the
remaining number of years; as shall be determined by the Planning Director or
designee based on the date of resale. [Ord.
2019-033]
3) The rent prices shall be updated annually by the Planning
Director, or designee, based on the monthly rent ranges published annually for
the Florida Housing Finance Corporation Multi-Family Rental Programs, by number
of bedrooms, for the following income ranges: > 60 to 70 percent; > 70 to
80 percent; > 80 to 90 percent; > 90 to 100 percent; > 100 to 110
percent; > 110 to 120 percent; > 120 to 130 percent; and, > 130 to 140
percent of MFI. The WHP price initially established for the rental unit’s
income category at the time of approval of the subject development shall be the
rental floor throughout the affordability period. No WHP unit is required to be
rented at a price below the rental floor, though an owner may opt to do so. [Ord. 2019-033]
4) Owners of WHP rental units may choose to include one or more
utilities for the unit in the base rental price. Units that do not include
utilities must provide a utility allowance in the form of a rent reduction
based on the number of bedrooms, according to a schedule established by the
Planning Division. Utilities shall include, but not be limited to, water,
sewer, gas, and electric. When one or more utility cost(s) are included within
the WHP unit rent price, and reasonable, reliable, and verifiable documentation
is provided that indicates the total utility cost included within the WHP unit
rent price meets or exceeds the stated utility allowance cost, then the utility
allowance requirement would be waived. If the utility costs are less than the
prescribed utility allowance, the difference shall be credited to the WHP
resident’s rent cost. [Ord. 2019-033]
c. Income Qualification of Tenants
WHP units shall be rented only to an
income-qualified household. The verification of prospective tenants as income
qualified for the rental unit category, pursuant to the requirements of this
Article, is the responsibility of the rental unit owner or designated
management company. [Ord. 2019-033]
d. Marketing of WHP Rental Units
Marketing of WHP rental units is the
responsibility of the rental unit owner or designated management company. [Ord. 2019-033]
e. Commencement of Rentals
The owner of the rental WHP unit(s)
shall provide the Planning Director, or designee, with notice of the date of
occupancy of the first WHP unit. [Ord.
2019-033]
f. Compliance Reporting
The owner of the WHP unit shall
submit to the Planning Director, or designee, on a form provided by the County,
an annual report containing information and documentation to demonstrate
continued compliance with the WHP. The County may conduct site visits at
reasonable times, or perform other independent investigation to verify
continued compliance with the WHP. The owner of the WHP units shall also
provide notice to the Planning Director or designee of a change in management
company no later than 30 days after the change occurs. The owner of a WHP unit
may request approval from the Executive Director of the Planning, Zoning and
Building Department, or designee to rent the unit to a household having an
income below 60 percent of Area Median Income, at a price below the minimum
rent for the Low-Income category. The request is to include documentation of
the owner’s efforts to market the unit in the WHP income categories and other
information demonstrating that current area market conditions do not support
the rental of the unit to households in the 60 to 80 percent Low-Income
category. The Executive Director of the Planning, Zoning and Building
Department, or designee, in consultation with the Department of Housing and
Economic Sustainability, shall consider the documentation provided, the income
characteristics of the census block(s) or tract(s) where the development is
located, and any other relevant information in determining whether to grant the
request. [Ord. 2019-033] [Ord. 2020-020]
g. Deed Restriction
The warranty deed documenting a sale
of WHP rental units shall include a statement that the units are subject to
covenants, conditions, and restrictions including the Master Covenant, and
shall include the date of recordation of the Master Covenant, and the Book and
Page of the Official Record. [Ord. 2019-033]
The County may enforce the
requirements of the WHP through any cause of action available at law or equity,
including but not limited to seeking specific performance, injunctive relief,
rescission of any unauthorized sale or lease, reclassification of a lesser unit
to another income category, and tolling of the 15-year recurring term of for-sale
units or the 30-year non-recurring term for rental units of the WHP. [Ord.
2019-033]
The AHP implements HE Policies 1.1-o and 1.5-g of the Plan, among others,
by establishing an AHP. The AHP is a voluntary program used by an Applicant
seeking additional density for an affordable housing development. An AHP Applicant
elects to provide at a minimum 65 percent of the total number of dwelling units
targeted to households at incomes of 60 percent of Area Median Income (AMI) and
below. In any proposal a maximum of 20 percent of all units will target incomes
of 30 percent and below AMI. The program ensures a minimum affordability
period, and provides for a density bonus and other incentives. The program is
intended to increase the supply of housing opportunities for persons employed
in PBC in jobs that residents rely upon to make the community viable. Consideration
may be given to developments requesting income percentage targets that are
different from those previously indicated, based on programmatic requirements
imposed by a governmental agency providing affordable housing funding or
another entity with different programmatic requirements, with the final determination
made by the Executive Director of Planning, Zoning and Building or designee. [Ord.
2009-040] [Ord. 2012-003]
In cases of conflict between this Chapter and other Articles of this
Code, the provisions of this Chapter shall apply. The AHP shall apply to
developments with a residential component of ten or more dwelling units with
all units being built on site. This shall include the expansion of existing
projects that add ten or more dwelling units, where the program shall apply to
those units being added. Requirements and limitations are further defined in Table 5.G.2.B, Affordable Housing Program. [Ord. 2009-040]
Congregate Living Facilities (CLFs). [Ord. 2009-040] [Ord. 2021-022]
AHP units shall not be subject to restrictions beyond income
qualifications except those restrictions imposed by a governmental agency
providing affordable housing financing. [Ord. 2009-040]
Table 5.G.2.B – Affordable Housing Program
|
Applicability
|
Location
|
Tier
or Overlay
|
U/S
|
FLU
(1)
|
LR-1, LR-2,
LR-3, MR-5, HR-8, HR-12, HR-18
|
Density
Bonus Incentive
|
LR-1
through LR-3
|
0-30% (3)
|
MR-5
through HR-18 (2)
|
0-100% (3)
|
[Ord.
2009-040]
|
Notes:
|
1.
|
Shall also apply to mixed-use projects
with applicable underlying FLU designations for commercial and industrial mixed-use
development. [Ord. 2009-040]
|
2.
|
A density bonus of greater than 30 percent
shall be permitted subject to meeting the additional standards of Art. 5.G.2.E, Additional Requirements for
Density Bonus. [Ord.
2009-040]
|
3.
|
Percentages shall be rounded up to the nearest
whole number. [Ord. 2009-040]
|
Affordability: A minimum of 65 percent of all units at
60 percent of AMI or below and a 20 percent maximum of all units at 30
percent and below AMI. [Ord. 2009-040]
|
|
|
|
|
AHP units shall be designed to be compatible with the overall project,
as follows: [Ord. 2009-040]
1. All AHP units shall be
constructed on site; [Ord. 2009-040]
2. All units shall be designed to
a compatible exterior standard as other units within the development or pod;
and, [Ord. 2009-040]
3. AHP units may be clustered or
dispersed throughout the project. [Ord.
2009-040]
All projects with ten or more residential units shall be eligible for
AHP incentives. [Ord. 2009-040]
Table 5.G.2.B, Affordable Housing Program, delineates the ranges of density bonus
allowed for the AHP by land use category. For the purposes of this Section,
permitted density shall be the number of units allowed by the standard density
allowed by the Plan; or the maximum density allowed by the Plan, where
developed as a PDD, TDD, or other density provision of the Plan. TDR units or
any other density bonus shall not be included as part of the permitted density
for purposes of calculating the AHP density bonus. To ensure compliance with
the compatibility requirement of HE Objective 1.5 of the Plan, projects
requesting a density bonus shall be subject to the requirements of Table 5.G.2.D, Review Process, and Art. 5.G.2.E, Additional Requirements for
Density Bonus. [Ord.
2009-040]
Table
5.G.2.D – Review Process
|
Density
Bonus
|
|
|
Standard District > 30-50%
|
X
|
|
Standard District > 50-100%
|
|
X
|
PDD or TDD > 30-100%
|
|
X
|
[Ord.
2009-040] [Ord. 2017-025]
|
a. AHP Special Methodologies
TPS mitigation shall be permitted for AHP projects in accordance with County
Comprehensive Plan Transportation Element Policy 1.2-d(4). [Ord. 2009-040] [Ord. 2011-016]
b. AHP Traffic Concurrency Hall Pass
TPS mitigation shall also include the option of applying for an AHP
Traffic Concurrency Hall Pass separate from a Development Order application. The
AHP Traffic Concurrency Hall Pass serves as a provisional traffic concurrency
approval for a period of not more than 90 days, during which it must be merged
into an application submitted for a Concurrency Reservation approval. The AHP
Traffic Concurrency Hall Pass is described further in Art. 2.F, Concurrency (Adequate Public
Facility Standards). [Ord. 2009-040]
The following expedited review processes may apply to a proposed AHP
development: [Ord. 2009-040]
a. Design Review
Review of Multifamily or Townhouse structures by the Building Division
and Fire Rescue shall be allowed concurrent with Final DRO review, prior to
permit application. [Ord. 2009-040]
b. Platting
1) If only a boundary plat is
required for an existing single lot, Building Permits may be issued after
submittal of the Final Plat for recordation. [Ord. 2009-040]
2) If a subdivision plat is
required, permits will be concurrently reviewed, but only issued at recording
of the plat. [Ord. 2009-040]
3) Pursuant to Art. 3.E.1.H.1, Standards, Building Permits for Sales Offices, Sales Models,
gatehouses, entry features, and utilities may be issued prior to the recording
of a Final Plat. [Ord. 2009-040]
a. Purpose and Intent
To provide flexibility from property development and other related
regulations in order to provide greater opportunity for cost-effective
development of AHP units. These provisions are not intended to supersede
deviations that are normally addressed through the Variance process. These
options shall only be granted at the time of approval for the entire project,
and shall not be granted on a lot-by-lot basis. [Ord. 2009-040]
b. Applicability
Projects with ten or more units that utilize a density bonus incentive
and are subject to the requirements of the AHP may utilize the Development
Options listed herein. [Ord. 2009-040]
c. Justification Report
Use of Density Bonus Development Options shall not be granted by right,
and shall require submittal of a justification report that demonstrates that deviations
are the minimum needed to allow for the use of density bonus incentives. The
report shall include the following: [Ord.
2009-040]
1) The regulations that are
proposed to be modified. [Ord. 2009-040]
2) The amounts and specifics of
the requested deviation(s). [Ord.
2009-040]
3) The areas within the
development that the deviation(s) will be applied to. [Ord. 2009-040]
4) Graphic representations such
as, but not limited to, Site Plans, elevations, perspectives, and typical
examples, showing how the deviations will meet the intent of the district and
AHP with emphasis on open space, privacy, maintenance, and public health,
safety, and welfare. [Ord. 2009-040]
d. Site Plan Approval
All projects requesting Density Bonus Development Options shall submit
an application and Site Plan to the DRO for certification where applicable, and
for Final Site Plan approval for all others. The Site Plan shall indicate in
the tabular data all Development Options requested and where feasible, a
Regulating Plan shall be included to provide typical examples. Approval shall
be granted only for the minimum deviations needed to allow for the use of
density bonus incentives and where the requirements of all applicable reviewing
Agencies have been met. [Ord. 2009-040]
e. Drainage
Any reduction in lot size or open space area, or increase in building
coverage shall be subject to approval of a drainage study demonstrating that
reduced pervious surface area will not create adverse drainage issues. [Ord. 2009-040]
f. Option 1 – AR and RT Districts
The zoning for parcels electing to use this option must be in compliance
with Art.
3.A.3, Zoning District Consistency with the Future Land Use Atlas (FLUA). [Ord.
2009-040]
1) AR FAR
Calculations
New SFD lots in the AR district shall be permitted to calculate FAR
based on the acreage of the FLU designation. [Ord. 2009-040]
2) RT PDR
Deviations
Deviations from the minimum PDRs for the RT district with an LR-2 or
LR-3 FLU designation may be in accordance with Table 5.G.2.D, RT Deviations for AHP, only for those projects that exceed the
standard density in the footnote in FLUE Table 2.2.1-g.1, Residential Future
Land Use Designation Maximum Density, and utilize a minimum density bonus of 20
percent. [Ord. 2009-040] [Ord. 2019-005]
Table 5.G.2.D – RT Deviations for AHP
|
Zoning
District
|
Applicability
|
FLU
|
|
|
|
|
|
|
|
|
RT
|
TDR,
WHP,
AHP
|
LR-2
|
12,000 sq. ft.
|
85’
|
35%
|
100’
|
ND
|
ND
|
RT
|
TDR,
WHP,
AHP
|
LR-3
|
9,000 sq. ft.
|
65’
|
40%
|
80’
|
1st floor –
10’
|
1st floor –
15’
|
[Ord.
2009-040] [Ord. 2019-005]
|
Key:
|
ND
|
No deviation. [Ord.
2019-005]
|
|
|
|
|
|
|
|
|
|
|
g. Option 2 – TND Regulations
Projects eligible for this option shall be permitted to utilize the PDRs
of Table 3.F.3.D, TND Residential Lot Size and
Setback Regulations,
subject to meeting the requirements of Art. 3.F.3.D.5, Residential Uses and the following limitations: [Ord. 2009-040]
1) U/S Tier only; [Ord. 2009-040]
2) Project does not qualify to be
a TND or use Option 1 or 3; [Ord.
2009-040]
3) If the subject site has an
LR-1, LR-2, LR-3, or MR-5 FLU designation, the project shall meet all
requirements for and be approved as a PDD; [Ord.
2009-040]
h. Option 3 – Flexible Regulations
Projects with MR-5, HR-8, HR-12, or HR-18 FLU designations, or if
approved as a PDD or TDD, may deviate from the residential requirements of Table 3.D.1.A, Property Development
Regulations, or Table 3.D.2.B, ZLL Property Development
Regulations, as follows: [Ord. 2009-040]
1) SFD units may be permitted up
to a maximum ten percent deviation for the following PDRs: lot size; width and
frontage; building coverage; and, side and rear setbacks. [Ord. 2009-040]
2) SFD units limited to one floor
with no loft or other similar feature, may be permitted up to a maximum 20
percent deviation for the following PDRs: building coverage; and front and side
street setbacks. [Ord. 2009-040]
3) ZLL lots may be permitted up
to a maximum lot width reduction of five feet, and ten percent deviation from
the minimum lot size, building coverage, and front setback for units with front
loading garages. [Ord. 2009-040]
i. Option 4 – PDD Open Space
Reduction
Projects which elect to utilize a density bonus of not less than 15
percent, may reduce the 40 percent open space requirement of Table 3.E.2.C, PUD Land Use Mix, to not less than 30 percent open space,
provided the project incorporates common usable open space areas as defined in Art. 1.H.2.O.13, Open Space, Usable for AHP. [Ord. 2009-040]
j. Option 5 – Internal
Incompatibility Buffers
Required Incompatibility Buffers between SFD and MF units within an AHP
development shall not be required. [Ord.
2009-040]
k. Option 6 – Relocation of Units to
Civic Tracts
Residential units may be permitted in a Civic Pod subject to PREM
approval. This may include collocating residential units with civic uses. The
DRO shall have the following authority where PREM approval is obtained after
BCC approval of the overall project: [Ord.
2009-040]
1) In the case of a civic site
cash out, the deletion of the Civic Pod and increase in Residential Pod area;
or [Ord. 2009-040]
2) The relocation of residential
units to a Civic Pod, or the relocation of residential units where the Civic Pod
is deleted. [Ord. 2009-040]
Projects requesting a density bonus shall comply with the following: [Ord.
2009-040]
AHP projects shall be equitably distributed so that there is no undue concentration
of very-low and low-income housing throughout the County. Table 5.G.2.E, AHP Density Bonus Guide (Step
1) indicates the Step 1
density bonus permitted. The concentration of very-low and low-income housing
within a sector will be taken into consideration when determining the Step 1
density bonus permitted. Additional density may be added in accordance with Table 5.G.2.E, AHP Density Bonus Multipliers
(Step 2). This Step 2
analysis considers the proposed development and its location to neighborhood
amenities; a public transit option; employment and shopping opportunities;
grocery store (excluding convenience store); public school; medical facilities;
social services; and, public recreation facilities. Prior to submittal of an
AHP pre-application, the Applicant shall meet with the Planning Director or
designee to establish the sector within which the distribution analysis shall
be conducted. The boundaries of the sector shall be approved by the Planning
Director or designee. The maximum AHP density bonus, total Step 1 plus Step 2,
not to exceed a 100 percent bonus as recommended by the Planning Director or
designee. [Ord. 2009-040]
Table 5.G.2.E – AHP Density Bonus
Multipliers (Step 2)
|
|
|
|
|
|
|
|
|
|
>
0 Miles
≤
1/4 of a Mile*
|
20%
|
20%
|
20%
|
20%
|
20%
|
10%
|
10%
|
100%
|
>
1/4 of a Mile
≤
1/2 of a Mile*
|
15%
|
15%
|
15%
|
15%
|
15%
|
5%
|
5%
|
>
1/2 of a Mile
≤
1 Mile*
|
0%
|
10%
|
10%
|
10%
|
10%
|
2.5%
|
2.5%
|
>
1 Mile
≤
2 Miles*
|
0%
|
5%
|
5%
|
5%
|
5%
|
0%
|
0%
|
[Ord.
2009-040]
|
Notes:
|
*
|
For each multiplier column, only one of
the four options (the closest amenity) may apply.
|
|
|
|
|
|
|
|
|
|
|
a. The sector shall be
proportional to the size and character of the proposed development. At a
minimum, the sector shall consist of one or more neighborhoods that include
features such as schools, shopping areas, an integrated network of Residential
and Collector Streets bounded by Arterial Roads, civic uses, localized
shopping, and employment opportunities. For data and analysis purposes, the
sector shall be adjusted to accommodate census tracts or census block groups
but shall not extend beyond important physical boundaries that may include a
major Arterial Roadway or a wildlife refuge. [Ord. 2009-040]
b. Housing characteristics (such
as household family incomes and affordable housing stock data), for the sector
shall be derived from the most current available census data. The analysis of
housing and demographic data within the sector shall be in a manner and form
approved by the Planning Director. [Ord.
2009-040]
An application for density bonus shall require the submittal of a
pre-application prior to submittal of a Zoning or Building Permit application
for purposes of establishing a density bonus determination. [Ord. 2009-040]
a. Contents
The pre-application shall be in a form established by the Planning
Director, and made available to the public. [Ord. 2009-040]
b. Sufficiency Review
The pre-application shall be subject to the provisions of Art. 2.B.2, or Art. 2.C.2, Sufficiency Review. [Ord. 2009-040]
c. Compliance
The density bonus shall not be granted until the project is found in
compliance with Policy HE 1.5-h in the Plan. [Ord. 2009-040]
d. Density Determination
The Planning Director or designee shall provide a written density determination
letter within ten working days of determining the pre-application is
sufficient. The determination shall be based on the sector analysis, size,
location, and development characteristics of the project with consideration
given towards affordability, accessibility, proximity to mass transit or
employment centers, compatibility, quality of design, pedestrian and vehicular
circulation, open space, and resource protection. The Planning Director shall
prepare a report for the Applicant, DRO, ZC, or BCC, whichever is appropriate,
making a determination of compliance with this Chapter, consistency with the
Plan, and recommend approval, approval with conditions, or denial of the
request. [Ord. 2009-040]
All AHP units shall be offered for sale or rent at an attainable housing
cost for the targeted AHP income range (60 percent of AMI or below). The sale
and rent prices will be based on the Area Median Income (AMI), and the household income limits for
PBC (West Palm Beach/Boca Raton Metropolitan Statistical Area) as published
annually by HUD and based on the annual Florida Housing Finance Corporation
Multi-Family Rental Figures. [Ord. 2009-040]
Prior to Final DRO approval, the Applicant shall record in the Public Records
of Palm Beach County a Covenant binding the entire project, in a form provided
for by the County, which identifies each AHP unit. An extension of up to six
additional months to record the Covenant may be requested only in order to
secure government funding for the proposed development. [Ord. 2009-040]
a. For-Sale Units
The Covenant shall include but not be limited to restrictions requiring:
that all identified AHP units shall be sold or resold only to an income-qualified
purchaser at an attainable housing cost for the targeted AHP income range (60
percent of Area Median Income (AMI) or below). The sale prices will be based on
the AMI and the household income limits for PBC (West Palm Beach/Boca Raton Metropolitan
Statistical Area) as published annually by HUD; that these restrictions remain
in effect for 15 years recurring from the date of the Certificate of Occupancy
for each unit; and, that in the event a unit is resold before the 15-year
period concludes, a new 15-year period shall take effect on the date of resale.
The Covenant shall further provide monitoring and compliance requirements
including but not limited those set forth below to ensure compliance with the AHP.
Every deed for each AHP for-sale housing unit shall incorporate by reference
the controlling Covenant. [Ord.
2009-040] [Ord. 2011-001]
b. Rental Units
The Covenant shall include but not be limited to restrictions requiring:
that all identified AHP units shall be rented only to an income-qualified
renter at an attainable housing cost for the targeted AHP income range (60
percent of AMI or below). The rental prices will be based on the AMI and the
household income limits for PBC (West Palm Beach/Boca Raton Metropolitan Statistical
Area) as published annually by HUD and based on the annual Florida Housing
Finance Corporation Multi-Family Rental Figures; that these restrictions remain
in effect for a period of 30 years (non-recurring) from the date of occupancy
of the first AHP unit; and that in the event a rental complex is resold before the
30-year period concludes, the new owner assumes the requirement for the number
of remaining years; and the number of years remaining shall be determined by
the Planning Director or his designee; and shall take effect on the date of
resale. The Covenant shall further provide monitoring and compliance
requirements including but not limited to those set forth below to ensure
compliance with the AHP. Every deed for a rental development with AHP housing
units and every rental agreement for each AHP unit shall incorporate by
reference the controlling Covenant. [Ord.
2009-040] [Ord. 2011-001]
At the time of sale, resale, or rent of any AHP unit established
pursuant to this program, the seller shall provide the County Administrator, or
designee, documentation sufficient to demonstrate compliance with the AHP. Such
documentation shall include but not be limited to information regarding the
identity and income of all occupants of the AHP unit. The owner or lessee of
the AHP unit shall submit to the County Administrator, or designee, on a form
provided by the County, an annual report containing information and
documentation to demonstrate continued compliance with the AHP and a copy of
any monitoring information provided to and received from the appropriate
funding agency/source. The County may conduct site visits at reasonable times,
or perform other independent investigation to verify continued compliance with
the AHP. [Ord. 2009-040]
The County may enforce the requirements of the AHP through any cause of
action available at law or equity, including but not limited to seeking
specific performance, injunctive relief, rescission of any unauthorized sale or
lease, and tolling of the 15-year term (for-sale units) or the 30-year term
(rental units) of the AHP, or the term required by the funding agency/source if
more restrictive. [Ord. 2009-040]
The resulting development shall be compatible with surrounding
residential land uses, as described herein. [Ord. 2009-040]
The Executive Director of PZB shall submit an annual report to the BCC
indicating the status of the AHP. [Ord. 2009-040]
The purpose of this Chapter
is to provide for a TDR Program, including the establishment of a TDR Bank, to
facilitate both the protection of environmentally sensitive lands, the
preservation of agriculture on lands designated as AGR on the FLUA, and to promote
orderly growth in PBC. This is accomplished by allowing development rights to
be severed from environmentally sensitive lands and lands designated as AGR and
transferred to sites where additional development can be accommodated. The TDR Program
is designed to redistribute population densities, or development potential, to
encourage the most appropriate and efficient use of resources, services, and
facilities.
Further, it is the purpose and intent of this Chapter to provide an alternative to the development of
environmentally sensitive lands and lands designated as AGR on the FLUA by
establishing a mechanism to seek economic relief from the limitation of
development imposed on these lands. TDR can mitigate inequities in the
valuation of land by providing a means of compensating landowners whose
property is restricted, by permitting the sale of development rights, and
making landowners in more intensively developed areas pay for the right to
develop beyond the existing density, by purchasing development rights.
The TDR Program allows a Property Owner to achieve a density bonus by
purchasing the increase in density from the PBC TDR Bank, or from a Property
Owner with land in a designated sending area, without going through the land
use amendment process. In order to increase density, the site must meet the
requirements to become a designated receiving area and follow the procedures as
described in this Chapter. After
development rights have been transferred from the sending area to the receiving
area, an appropriate conservation easement or an agricultural conservation
easement shall be attached to the sending area and recorded in the Public Records
of PBC, restricting future development potential. [Ord. 2005-002] [Ord.
2008-003]
The BCC has the authority to adopt this pursuant to Art. VIII, § 1, Fla. Const., the PBC Charter, F.S. § 125.01 et
seq., and F.S. § 163.3161 et
seq.
This Chapter shall apply
to property in unincorporated PBC which is located within designated sending
areas, as defined in Art. 5.G.3.F, Sending Areas. Development rights may be transferred from
sending areas pursuant to the procedures contained in this Chapter, to property which meets the
qualifications to receive such density according to Art. 5.G, Density Bonus Programs, and the standards contained herein.
The use of TDR shall be allowed in all residential zoning districts
within the U/S Tier and shall be approved pursuant to this Chapter. TDR units may be utilized
for all housing types. Additionally, TDR units may be converted to CLF beds
subject to the provisions of Art. 4.B.1.C.1,
Congregate Living Facility (CLF), whereby the total approved density, including TDR units, is utilized
when calculating permissible CLF occupants. [Ord. 2021-022]
All previously approved Transfers of Development Rights, as long as they
remain in force, shall remain valid and shall not be affected nor changed by subsequent
revisions to the TDR Program.
Except as otherwise specified, the TDR Program shall be administered by
the Executive Director of PZB or designee. [Ord. 2010-005]
The Executive Director of PZB shall be responsible for:
a. Establishing, administering,
and promoting PBC’s TDR Program;
b. Establishing and administering
the TDR Bank;
c. Ensuring the orderly and
expeditious processing of TDR applications under this Chapter;
d. Executing contracts for sale and
purchase of TDR units being purchased from the County’s TDR Bank, including
related escrow or similar bonding agreements, and TDR deeds as part of the DRO
approval process; [Ord. 2010-005]
e. Ensuring the Contracts for Sale
and Purchase of Development Rights are executed and all deeds and conservation
easements are filed in the Public Records of PBC;
f. Ensuring that the Property
Appraiser’s Office is notified of all TDRs;
g. Ensuring that the densities
approved through the TDR Program are placed on the FLUA as notations following
approval of the TDR receiving area; and, [Ord. 2008-003]
h. Ensuring that the FLUA is
amended by a Staff-initiated Site Specific Plan amendment to reflect an
appropriate land use designation for land acquired by PBC whose units are
placed in the TDR Bank. [Ord. 2008-003]
Sending areas represent those areas of PBC that are designated by the
BCC to warrant protection. The owner of property in a designated sending area
may transfer the development rights to a parcel of land in a designated
receiving area, subject to the provisions of this Chapter.
a. Lands designated RR-20 on the
FLUA;
b. Lands designated as priority
acquisition sites by the Environmentally Sensitive Lands Acquisition Selection
Committee (ESLASC) or the Conservation Land Acquisition Selection Committee
(CLASC) that meet the criteria listed below:
1) Rarity in PBC of native
ecosystems present on the environmentally sensitive lands site;
2) Diversity of the native
ecosystems present on the environmentally sensitive lands site; or,
3) Presence of species listed as
endangered, threatened, rare, or of special concern by the U.S. Fish and
Wildlife Service, the Florida Fish and Wildlife Conservation Commission, the Florida
Committee on Rare and Endangered Plants and Animals, or the Florida Department
of Agriculture.
c. Lands designated AGR on the
FLUA;
d. Privately-owned lands
designated CON on the FLUA; and,
e. Other sites determined by the
BCC to be worthy of protection, provided that the sites:
1) Further the purpose of the TDR
Program in keeping with the criteria listed above; or
2) Further other PBC Goals,
Objectives, and Policies. At such a time that the BCC determines that a parcel
of land is environmentally sensitive, or preservation of the site is in the
public interest, the parcel is eligible to become a sending area. The site
shall be designated by Resolution of the BCC.
In such cases where a parcel of land is both a priority acquisition site
and designated RR-20 or AGR on the FLUA, all provisions in this Chapter
pertaining to the priority acquisition sites shall prevail.
The owner of land which is designated as a sending area may elect to
transfer development rights as provided in this Chapter. Development rights may
be transferred from sending areas according to the following schedule. For the
purposes of this Subsection, acres means gross acreage.
a. Development rights may be
transferred from property designated RR-20 on the FLUA at the rate of one
development right per five acres. The minimum land area eligible for the TDR as
a sending area shall be ten acres.
b. Development rights may be
transferred from property designated AGR on the FLUA at the rate of one
development right per one acre. The minimum land area eligible for the Transfer
of Development Rights as a sending area shall be 20 acres unless the sending
area parcel is located adjacent to other preserved properties, in which case
the minimum land area shall be five acres.
c. Development rights may be
transferred from priority acquisitions sites (both residential and non-residential)
located outside of the U/S Tier at a transfer rate of one development right per
five acres. The minimum land area eligible for the TDR as a sending area shall
be five acres.
d. Development rights may be
transferred from privately-owned lands designated CON on the FLUA at a rate of
one development right per ten acres. The minimum land area eligible for the
Transfer of Development Rights as a sending area shall be ten acres.
e. Development rights may be
transferred from all environmentally sensitive sites described in Art. 5.G.3.F.2, Eligible Sending Areas, at a rate which equals the maximum density
permitted by the future land use designation for the property. The minimum land
area eligible for the Transfer of Development Rights as a sending area shall be
determined by the BCC, upon a recommendation from PZB and ERM.
The number of development rights assigned to a sending area parcel of
land shall be determined by the Executive Director of PZB pursuant to Art. 5.G.3.F.2, Eligible Sending Areas, and Art. 5.G.2.J, TDR – Sending Area Procedure, as calculated below:
a. All development rights shall
be in whole numbers, no fractions shall be permitted. Any fractional
residential unit that may occur during calculations shall be converted upward,
if one-half or more of a whole unit, or downward, if less than one-half of a
whole unit, to the nearest whole unit.
b. The amount of development
rights assigned to a sending area parcel shall be reduced by one dwelling unit
for every conforming residential structure situated on the property at the time
of approval.
Upon BCC or DRO approval of the TDR transfer, a conservation easement or
agricultural conservation easement shall be recorded in the Public Records of
PBC. The BCC or DRO shall determine which easement is appropriate for the
sending area as part of the approval of the TDR transfer. Prior to recordation
of the easement, a legally enforceable Maintenance Plan providing for perpetual
maintenance of the sending area shall be established by the Property Owner and
approved by ERM. No further Development Permit or Development Order for the
designated receiving area shall be issued by PBC until the applicable easement
is recorded in the Public Records of PBC. The easement shall restrict the use
of the sending area in perpetuity. In particular, a conservation easement shall
require that the sending area be maintained in its natural state while an
agricultural conservation easement shall restrict the use of the sending area
to Bona Fide Agriculture, fallow land, or uses permitted in the Conservation
Water Resources Area (WRA) Future Land Use category; all other development
rights of the subject property shall be considered transferred in perpetuity.
Conforming residential dwelling units which existed prior to making
application to transfer development rights shall be permitted to remain as
legal conforming uses. All other existing uses on the sending area shall cease.
If all of the development rights assigned to
a sending area are not transferred off the site, the remaining land, if
proposed for development, shall be developed in accordance with this Code and
in a manner which is compatible with the surrounding area. This provision shall
not apply to sending areas designated AGR on the FLUA; these parcels are
required to transfer all development rights off the site.
If the owner of land in a sending area only
transfers a portion of the development rights available for the property, PBC,
upon a recommendation from PZB and ERM, reserves the right to determine which
portion of the land is subject to the applicable conservation easement. The
intent is to link environmentally sensitive land, to link agricultural land,
and to link open space areas, when feasible, and allow compatible development
to occur on the remainder of such sites.
The purpose of this Chapter is to authorize the establishment of a TDR
Bank. The TDR Bank is hereby created in order to, among other things,
facilitate the purchase and Transfer of Development Rights as hereinafter
provided and maintain an inventory of those development rights purchased by
PBC.
Development rights for the TDR Bank shall be generated from
environmentally sensitive lands purchased by PBC, including the priority
acquisition sites meeting the criteria in Art. 5.G.3.F.2, Eligible Sending Areas, through August 30, 1999. Priority
acquisition sites in the unincorporated area of PBC which are not purchased as
part of the acquisition program shall maintain the opportunity to transfer
development rights on the private market. The TDR Bank shall be maintained by
the Executive Director of PZB and shall be reviewed in accordance with the FLUE
of the Plan to determine the need for additional units.
Development rights in the TDR Bank generated under the TDR Program shall
remain in the TDR Bank until sold by PBC, the TDR Bank is dissolved, or the
units are otherwise disposed of.
a. Land Purchased inside the U/S
Tier
The number of development rights within the bank shall equal the maximum
density allowed by the FLU designation as established by the applicable PBC or
municipal Comprehensive Plan.
b. Land Purchased outside the U/S
Tier
The number of development rights severed, or generated for the bank,
shall equal the TDR transfer rate established in Art. 5.G.3.F, Sending Areas.
PBC may sell development rights to Property Owners who meet the receiving
area criteria pursuant to this Chapter. [Ord. 2022-029]
a. A Property
Owner seeking an increase in density must apply to become a receiving area and
submit a draft Contract for Sale and Purchase of Development Rights. [Ord. 2011-001]
b. The price of a
development right shall be set annually pursuant to a methodology approved by
the BCC. No TDR price or price reduction other than those included in this
Section shall be permitted. The County shall utilize the median sales price
data for Palm Beach County, as published by the Broward, Palm Beaches and St.
Lucie Realtors association, using data for the month of March to set the price
each year: [Ord. 2011-001] [Ord.
2012-027] [Ord. 2022-029]
1) For Single Family units (Single
Family and Zero Lot Line) the full price shall be ten percent of the median sales
price of single-family, existing homes. [Ord.
2011-001] [Ord. 2022-029]
2) For Multifamily units, the
full price shall be ten percent of the median sales price of existing
condominiums and townhouses. For TDR pricing purposes, the Multifamily price
applies to Townhouses, Cottage Homes, and CLF units. [Ord. 2011-001] [Ord. 2022-029]
c. For proposals including a mix
of Single Family and Multifamily units, the pricing of TDR units shall
proportionally reflect the proposal’s unit type mix. [Ord. 2011-001] [Ord. 2022-029]
d. Additional prices adjustments
are available for TDR units as indicated below: [Ord. 2011-001] [Ord. 2022-029]
1) For TDR receiving
areas located within an area that has a BCC-accepted Neighborhood Plan pursuant
to FLUE Policy 2.4-b, and the proposed density is identified within and
supported by the Neighborhood Plan, the TDR price shall be 75 percent of full
TDR price; [Ord. 2011-001] [Ord.
2012-003] [Ord. 2022-029]
2) For TDR receiving
areas located within the RRIO as depicted on Map LU 1.1, Managed Growth Tier
System, in the Map Series of the Plan, the TDR price shall be 25 percent of
full TDR price; [Ord. 2011-001]
[Ord. 2022-029]
3) The price for TDRs used to
provide workforce housing units on site shall be five percent of the applicable
TDR price as established in Art. 5.G.3.G.4.b.1) or
Art. 5.G.3.G.4.b.2), or Art. 5.G.3.G.4.d.1)
or Art. 5.G.3.G.4.d.2) above. This discount is not available for
TDRs purchased for CLF purposes; and, [Ord.
2011-001] [Ord. 2022-029]
4) Affordable Housing TDR units
are required to be provided on site and shall be priced at one percent of the
applicable TDR price as established in Art. 5.G.3.G.4.b.1) or
Art. 5.G.3.G.4.b.2), or Art. 5.G.3.G.4.d.1)
or Art. 5.G.3.G.4.b.2) above. The discount is not available for
TDRs purchased for CLF purposes. The dollar difference between the TDR price
and the Affordable Housing TDR price can be used as a price waiver to be
counted as part of the Local Government contribution for housing funding
application purposes. [Ord. 2011-001]
[Ord. 2022-029]
The revenue generated from the sale of development rights from the TDR
Bank shall be allocated to the Natural Areas Fund administered by ERM for
acquisition and management of environmentally sensitive lands and wetlands.
Development rights shall only be transferred to those parcels which meet
the qualifications for designation as receiving areas.
a. PDDs and TDDs
The total density of the project,
including the TDR units, shall be utilized for calculating the minimum PDD or
TDD acreage threshold; and
b. Residential subdivisions which
are not within a PDD or TDD.
a. Be located within the U/S
Tier; [Ord. 2004-040] [Ord. 2008-003]
b. Be compatible with surrounding
land uses and consistent with the Plan;
c. Meet all concurrency requirements;
d. Meet all requirements as
outlined in this Code; and,
e. Be compatible with adjacent environmentally
sensitive lands.
A receiving area shall not degrade adjacent environmentally sensitive
lands. Receiving areas, therefore, shall reduce the intensity/density of that
portion of the development which is contiguous to any regionally significant
natural resource as defined by the Treasure Coast Regional Planning Council,
environmentally sensitive land as defined by the ESLASC or CLASC, or sites
designated as preserve areas according to Art. 14.C, Vegetation Preservation and Protection, so that the development is compatible
with, and does not negatively impact the environmentally sensitive area, by
providing a buffer zone of native vegetation according to the following Table.
Table 5.G.3.H – Required Buffer Zone
|
Density
of Adjacent Pod/Development Area
|
|
Net
Density ≤ 3 Units per ac.
|
50’ buffer
|
Net
Density > 3 Units per ac. ≤ 5 Units per ac.
|
100’ buffer
|
Net
Density > 5 Units per ac.
|
200’ buffer
|
The perimeter buffer and building setbacks for a TDR receiving area in a
PDD with an LR-1, LR-2, or LR-3 FLU designation shall be upgraded where ZLL,
TH, MF, or SFD using RS PDRs are located within 125 feet of any SFD with a lot
size of 14,000 square feet or greater, or any vacant parcels with an LR-1, LR-2,
or LR-3 FLU designation. [Ord. 2008-037]
a. Increased Buffer Widths
Where applicable, the perimeter buffer shall be increased by 15 feet for
projects having ZLL or SFD units, and 20 feet for TH and MF units. [Ord. 2008-037]
b. Upgraded Landscaping
Where an increased buffer width is required, an additional native palm
or tree shall be provided for each 30 linear feet, with a maximum spacing of 90
feet between clusters. [Ord. 2005-002]
[Ord. 2008-037]
c. Increased Setbacks
Where applicable, when a development has a more intense housing classification,
an additional ten-foot rear setback shall be required. For the purposes of this
Section, housing classification shall be ordered from least intense to most
intense, as indicated in Table 5.G.3.H, Housing Classification. [Ord.
2005-002] [Ord. 2008-037]
Table 5.G.3.H – Housing Classification
|
Intensity
by Group
|
|
1 – Low
|
Single Family
residential (RT PDRs); or
Zero Lot Line homes.
|
2 – Medium
|
Single Family
residential (RS PDRs);
Mobile Homes;
Townhouses; or,
Multifamily.
|
3 – High
|
Congregate
Living Facilities.
|
[Ord. 2005-002] [Ord. 2008-037]
|
Under no circumstances shall a receiving area contain a sending area as
defined in Art. 5.G.3.F.2, Eligible Sending Areas. This shall not apply if the project is
providing all of the units at prices attainable by persons making between 30 to
120 percent of AMI. The County shall establish the actual prices for each unit
and each unit shall be deed restricted consistent with Art. 5.G.2.F, Affordability Requirements. [Ord. 2008-003]
I. Housing Program Requirements
In accordance with FLUE Policy 2.4-a.5 of the Plan TDR density bonus units acquired from the TDR Bank shall
have a workforce housing obligation of 34 percent. The 34 percent requirement
does not apply to TDRs used for CLF purposes All WHP units resulting from TDRs
shall comply with the requirements of Art. 5.G.1, Workforce Housing Program (WHP). [Ord. 2008-003] [Ord. 2011-001] [Ord.
2019-033] [Ord. 2022-029]
When using the voluntary AHP, all TDR density bonus units shall be
provided as AHP units. These AHP units shall be constructed on site and shall
comply with the affordability range requirements of Art. 5.G.2, Affordable Housing Program (AHP). [Ord.
2009-040] [Ord. 2022-029]
Consideration may be given to developments requesting both WHP and AHP
units within the proposal. In this instance, the Planning Director or designee
will determine which program’s (WHP or AHP) density bonus criteria will be
utilized based on the programmatic requirements imposed by a governmental
agency providing affordable housing funding or another entity with programmatic
requirements (e.g., Habitat for Humanity or a Community Land Trust). [Ord.
2009-040]
The maximum number of development rights which may be transferred to the
receiving parcel shall be determined in accordance with Art. 5.G.3.H, TDR Receiving Areas, Art. 5.G.3.K, TDR – Receiving Area Procedure, and the following: [Ord. 2008-003]
a. Standard Density Bonus
Approved receiving areas may receive a bonus density as follows: [Ord.
2008-003] [Ord. 2008-037]
1) Receiving areas
in the U/S Tier west of Florida’s Turnpike: up to two dwelling units per acre; or
[Ord. 2008-003]
2) Receiving areas
in the U/S Tier east of Florida’s Turnpike, but not in a Revitalization,
Redevelopment, and Infill Overlay: up to three dwelling units per acre; or [Ord. 2008-003] [Ord. 2009-040]
3) Receiving areas
in a Revitalization, Redevelopment, and Infill Overlay: up to four dwelling
units per acre. [Ord. 2008-003]
[Ord. 2009-040]
4) The bonus density may be less
than the total bonus density indicated in Art. 5.G.3.I.4.a.1),
Art. 5.G.3.I.4.a.2), and Art. 5.G.3.I.4.a.3)
above when an additional WHP or AHP density bonus has also been utilized. (see Art. 5.G.3.I.4.d
below) [Ord. 2009-040]
b. Additional Density Bonus
Receiving areas meeting one or both of the following criteria shall be
eligible for an additional one dwelling units per acre density bonus above the
aforementioned density bonus ranges. [Ord. 2008-003] [Ord. 2008-037]
1) Receiving areas within one-quarter
mile radius of a public park, (excluding golf courses), community commercial
facility, or mass transit facility within the U/S Tier; and [Ord. 2008-003]
[Ord. 2009-040]
2) Receiving areas within one-quarter
mile radius of a regional commercial facility or a major industrial facility
within the U/S Tier. [Ord. 2008-003]
In order to be eligible for the additional one dwelling unit per acre
density bonus, at least 25 percent of the receiving area must be located within
the required radius. The density bonus shall apply to the entire receiving area.
[Ord. 2008-003]
c. LR-1, LR-2, and LR-3 FLU Density
Limitation
To mitigate any potential adverse impacts in low-density residential
neighborhoods (as determined by residential FLU designation), the maximum TDR
density bonus in the LR-1, LR-2, and LR-3 FLU designations shall not exceed 100
percent of the standard or maximum density, exclusive of any other density
bonus allowed on the subject site. Exceptions shall be permitted for any
project that is located in the URA or entirely surrounded by one or more of the
following: [Ord. 2008-037]
1) Parcels with an MR-5 or higher
FLU designation; or [Ord. 2008-037]
2) Parcels with a non-residential
FLU designation or use; or [Ord.
2008-037]
3) Open space 100 feet in width
or greater; or [Ord. 2008-037]
4) A Major Street. [Ord. 2008-037]
d. A development's
WHP or AHP density bonus increase will be given consideration when assigning
the number of TDR units recommended to the development. Other factors to be
considered include: the location of the proposed development and its
relationship to the study area; the housing type(s) proposed; if the
development site is located within one-quarter mile radius of a public park
(neighborhood or regional park, not a golf course); civic uses
(schools/libraries); a mass transit facility; child care facilities; medical
facilities; a supermarket; a community commercial facility; employment
opportunities; and, within one-half mile radius of social services; a regional
commercial facility; an industrial facility; additional civic uses and
employment opportunities. [Ord.
2009-040]
The Property Owner of lands which are designated sending areas as
defined under Art. 5.G.2.F.2, Eligible Sending Areas, must make application to PZB for an
administrative determination in order to be formally designated as a sending
area. The purpose of this administrative determination is to ascertain the
exact number of development rights the Property Owner is entitled to. The
application shall include, at a minimum:
a. Proof of ownership;
b. A legal description of the
property; and,
c. Contract, or option, for the
purchase and sale of development rights (unless requesting a TDR Certificate,
as outlined in Art. 5.G.3.J.6, Development Rights
Certificates). The
application shall be submitted to the Executive Director of PZB. Applications
for a sending area designation may be accepted for review and processing at any
time.
a. Environmentally Sensitive Lands
and Lands Designated RR-20 or CON on the FLUA
Prior to the first scheduled DRO meeting to consider the TDR
application, the Executive Director of PZB shall review the sending area
application and make a determination regarding the number of units associated
with the parcel. As part of review of the application, the Executive Director
of PZB shall notify ERM of the application and request that a site check be
conducted.
ERM shall complete a site check to ensure that the site has not been
altered and the site meets the criteria provided in Art. 5.G.3.F.2, Eligible Sending Areas. ERM shall complete a written
recommendation to the Executive Director of PZB regarding the site.
b. Land Designated AGR on the FLUA
Prior to the first scheduled DRO meeting to consider the TDR
application, the Executive Director of PZB shall review the sending area
application and make a determination regarding the number of units associated
with the parcel. As part of review of the application, the Executive Director
of PZB shall complete a site check to ensure that the site is suitable for Bona
Fide Agriculture or other open space purposes consistent with the AGR
provisions in the Plan.
Sending area applications which are not submitted in conjunction with a
receiving area application shall be reviewed and acted upon within 25 days.
The Property Owner shall receive a written determination from the
Executive Director of PZB indicating how many development rights can be
transferred from the property. The number of development rights for the site
shall be documented and be kept on file in the PZB Department.
The written document shall be valid for a period of 12 months. If any
modifications or alterations are made to the property during the 12-month
period, the Property Owner shall not be permitted to participate in the TDR
Program.
Prior to Site Plan certification, the applicable conservation easement,
in a form and content acceptable to the County Attorney shall be recorded in
the Public Records of PBC. The easement shall restrict future use of the land
consistent with the requirements in Art. 5.G.3.F.6, Restriction on Future Use. Prior to recordation of the easement, a
legally enforceable Maintenance Plan providing for perpetual maintenance of the
sending area shall be established by the Property Owner and approved by ERM.
The owner of a sending parcel may reapply until all development rights
have been severed from the property.
Environmentally sensitive lands and lands designated as CON or RR-20 on
the FLUA must be deeded to, and accepted by PBC, subject to the discretion of
the BCC, before the Certificate can be issued. Environmentally sensitive lands
and lands designated as CON or RR-20 on the FLUA deeded to, and accepted by
PBC, shall be managed by PBC or its designee. AGR lands shall be managed by the
Property Owner in perpetuity as provided in the Maintenance Plan.
a. Eligibility
Development Rights Certificates shall only be issued to Property Owners
of ESL or RR-20 land that deed without compensation environmentally sensitive
land to PBC or Property Owners of AGR land that record an agricultural
conservation easement, and follow the procedures in this Chapter. The Development Rights Certificate shall require
that restrictions be placed on the sending area prior to the sale of those
development rights. A minimum transfer of five acres is required.
b. Issuance of the Certificate
Upon completion of the application process, and recordation of the deed
transferring ownership of the property to PBC, or recordation of the
agricultural conservation easement and approval by ERM of a legally
enforceable Maintenance Plan providing for perpetual maintenance of the sending
area, the Property Owner shall be issued a Development Rights Certificate. The
Certificate shall indicate the exact number of development rights which can be
sold, transferred, or traded, by the holder of such Certificate. The
Certificate shall remain in effect until applied to a TDR receiving area in
accordance with provisions of this
Chapter.
c. Unused Certificates
A Property Owner of AGR land, with an agricultural conservation easement
recorded, may reassociate development rights to the original sending parcel
provided that no development rights have been sold. A written request to
reassociate the development rights shall be submitted to the Executive Director
of PZB along with proof of ownership and a legal description of the property.
Prior to approval of a request to the reassociate development rights, the Applicant
must petition and receive BCC approval to release the easement recorded against
the sending area parcel.
The amount of development rights assigned to a sending area parcel, or
indicated on a Certificate, shall be reduced by one for every conforming
residential structure situated on the property at the time of application.
Receiving areas shall be approved concurrent with issuance of a
Development Order for a PDD, TDD, or a residential subdivision. The following
procedures shall be followed in order to become a receiving area to obtain the
density bonus. [Ord. 2005-002] [Ord. 2010-005]
Prior to submittal of an application requesting a receiving area density
bonus, the Applicant must attend a Pre-Application Conference with the
appropriate PZB Staff, pursuant to Art. 2.A.5, Pre-Application Conference (PAC)
and Pre-Application Appointment (PAA), to review the proposed development, and the requirements and
procedures of the TDR Program.
The review process for TDR applications is based upon the density and
type of residential development proposed.
a. The transfer of two units per
acre or less to a residential subdivision is reviewed by the DRO and shall be
subject to the provisions of Art. 2.C, Administrative Processes, except as provided below. Parcels which meet the minimum acreage
thresholds for a PDD or TDD shall not utilize this Chapter option;
b. The transfer of more than two units
per acre to a residential subdivision is reviewed as a Class A Conditional Use
and shall be subject to the provisions of Art. 2.B, Public Hearing Processes, except as provided below. Parcels which meet the minimum acreage
thresholds for a PDD or TDD are allowed to utilize the option contained in this
paragraph, provided the parcel meets the PDD or TDD PDRs contained in Art. 3.E, Planned Development Districts
(PDDs), or contained in Art. 3.F, Traditional Development Districts
(TDDs);
c. The transfer of any density to
a planned development is reviewed as a Conditional Use and shall be subject to
the provisions of Art. 3.E, Planned Development Districts
(PDDs). A general
application by a Property Owner for receiving area status and a density bonus
shall be accepted for review and processing. [Ord. 2005-002] [Ord. 2010-005]
[Ord. 2017-007]
d. BCC approval is required for
any project that is requesting a combined density increase/transfer through the
WHP and TDR Program that exceeds two units per acre. [Ord. 2005-041]
In conjunction with the general application for a Rezoning, Development
Order Amendment, or Development Review Officer approval, an Applicant for
receiving area status and a density bonus must submit a supplemental TDR application.
The application shall: [Ord. 2011-001]
a. be submitted in a form
established by the Zoning Director of PZB; [Ord.
2011-001]
b. submit a Preliminary Plan; and,
[Ord. 2011-001]
c. submit Preliminary
Architectural Elevations for TDR applications that exceed DRO thresholds prior
to certification of the application for public hearing pursuant to Art. 5.C.1.B, Threshold. Elevations shall not be required for Single Family dwellings or Multifamily
dwellings less than 16 units as they are exempt from the provisions of Art. 5.C, Design Standards. However, the Applicant shall ensure these units are architecturally
compatible with the other units in the development by using consistent colors,
materials, layouts, etc. [Ord. 2011-001]
In addition to fulfilling the requirements of Art. 5.G.3.H, TDR Receiving Areas, to qualify as a receiving area and be
eligible for an increase in density, all applications requesting receiving area
designation shall comply with these standards:
a. The Transfer of Development Rights
is by deed, and the deed shall be recorded before Final Site Plan approval;
b. The transfer is to a parcel of
land which meets all the requirements of this Code and within which the
transferred densities have been included and amended;
c. The proposed development meets
all concurrency requirements at the level of impact calculated to include the
TDR density;
d. If the transfer is between two
private parties, at the time the transfer is approved, the sending area from
which the transfer will occur shall be subject to a conservation easement and
shall be identified on the Zoning Map. Pending recording of the conservation
easement, no Development Order approvals shall be issued for the sending area
or receiving area; [Ord. 2010-022]
e. If the transfer of rights is
from the PBC TDR Bank, all rights have been accounted for and there are enough
development rights in the bank to cover the project;
f. The proposed development and
density are compatible with the surrounding area and land use; and,
g. The proposed development and
density do not negatively impact adjacent environmentally sensitive lands.
A Contract for Sale and Purchase of Development Rights is required. A
deed of TDR shall also be required as part of the approval of a TDR transfer. The
contract shall be executed prior to Final DRO approval of a TDR receiving area.
100 percent of the funds must be received by PBC prior to subdivision approval
or issuance of the first Building Permit, whichever occurs first. The deed must
be recorded before issuance of the first Building Permit for a project
designated as a receiving area. This paragraph shall not apply to Building
Permits for Sales Models or temporary Real Estate Sales and Management Offices
permitted pursuant to this Code. [Ord. 2009-040] [Ord. 2011-001]
Upon recordation of the deed of transfer, the Executive Director of PZB
shall notify, within 20 days, the Property Appraiser’s Office in writing that
development rights have been transferred from the sending area or TDR Bank to
the receiving area in perpetuity.
Following recording of the deed, the Planning Division, upon direction
from the BCC, shall initiate a Site Specific Plan amendment to designate the
property with a CON designation or place a notation which reflects the use of
the property as an Agricultural Reserve Preservation Area (AGR/P). Densities
obtained through the TDR Program shall be placed on the FLUA as notations
following approval of the TDR receiving area.
PZB shall maintain an overall accounting system for monitoring density
availability and density transfers in the TDR Program. The accounting system
shall include both private development rights and development rights in PBC’s
TDR Bank.
Density needed for the TDR Program may be derived from different sources
including, but not limited to:
Approved Site Specific Plan amendments since 1990 which resulted in a
density reduction; and
At such a time that the TDR Program, any subsequent density bonus
programs, or amendments to the Plan requesting an increase in density, deplete
the number of units available from previous amendments, PZB shall begin to
monitor the PUD units which have been approved through the Zoning process, but
which have remained unused. The later units may at that time be considered as a
source for density for the TDR Program.
The Executive Director of Palm Tran shall be responsible for
implementing, applying, interpreting, and modifying the standards of this
Chapter. [Ord. 2008-003]
The purpose and intent of this Chapter is to ensure adequate, and
consistent Mass Transit Infrastructure/Facilities are available to accommodate
development concurrent with their associated impacts. The specific objectives
of this Chapter are as follows: [Ord.
2008-003]
1. Establish Mass Transit Infrastructure/Facilities
standards for unincorporated PBC. [Ord. 2008-003]
2. Provide Mass Transit Infrastructure/Facilities
in accordance with the objectives of the Transportation Element of the Plan. [Ord.
2008-003]
3. Ensure that necessary Mass
Transit Infrastructure/Facilities will be provided concurrently with
development. [Ord. 2008-003]
The standards of this Chapter
shall apply to all residential and non-residential development or redevelopment
in unincorporated PBC, as follows: [Ord. 2008-003]
Modifications to previous approvals shall comply with this Chapter for
unbuilt projects without an approved DRO plan, or to the greatest extent
possible in the affected area without the loss of density, intensity, or
parking, for unbuilt projects with a DRO-approved plan, built projects that
have constructed less than 80 percent of approved density or intensity,
structural renovations in excess of 75 percent or more of the current
Improvement Value of the structure, and parking lot alternations or additions. [Ord.
2008-003] [Ord. 2013-001]
For the purposes of this Chapter, non-residential development shall be
defined as all commercial, civic/public, recreation, and industrial uses that
are open to the public. Unmanned or minimal commuter generating facilities,
such as Commercial Communication Towers or Electric Transmission Substations,
or as determined by Palm Tran shall be excluded from this definition. Where
applicable, the requirements of this Chapter shall be approved by Palm Tran and
shown on all Preliminary Development Plans, Preliminary Subdivision Plans,
Preliminary Site Plans, Final Master Plans, Final Subdivision Plans, and Final
Site Plans, prior to DRO certification or approval. The Palm Tran Transit Design
Manual provides an understanding of transit operating criteria and, access
requirements (www.palmtran.org/wp-content/uploads/2022/05/TRANSIT-DESIGN-MANUAL.pdf). Section 810 of the ADA and ABA
Accessibility Guidelines provides curbside ADA requirements for Transportation
Facilities (www.access-board.gov/ada/#ada-810). FDOT Transit Facilities Guidelines provide
more detailed requirements for the location of transit infrastructure (https://fdotwww.blob.core.windows.net/sitefinity/docs/default-source/transit/documents/transitfacilityguidelines-8-4-2017.pdf?sfvrsn=6d929e38_2). [Ord. 2008-003] [Ord.
2017-007]
Figure 5.H.2.B – Minimum
Typical ADA Bus Stop Requirements
|
|
[Ord.
2008-003]
|
1. All Residential Developments of at Least 50
Units and All Non-Residential of at Least Five Acres or 50,000 Square Feet
All development exceeding this threshold shall provide a minimum ten-foot
by 30-foot easement for Bus Stop Boarding and Alighting Area(s) spaced no less
than one-tenth mile along all public R-O-W, or at intersections or recognizable
landmarks. Easements shall be dedicated by plat in accordance with Art. 5.H.2, Applicability and Standards. [Ord. 2008-003]
Figure 5.H.2.B – Ten-Foot by 30-Foot Bus Stop Boarding and Alighting
Area
with Typical Bus Shelter Alignment
|
|
[Ord.
2008-003]
|
a. Standards
The following types of bus stop and alighting areas may be used to meet
the requirements of this Section. [Ord. 2008-003]
1) Near Side
Near Side Bus Stops are located immediately before an intersection. Associated
Bus Stop Boarding and Alighting Areas are located before the intersection, no
closer than five feet from the corner clip. The Bus Stop Zone requires a
minimum 100-foot no parking zone. The length of the Bus Stop Zone shall be
increased by 50 feet in length for each additional bus expected to stop
simultaneously. [Ord. 2008-003]
2) Far Side
Far Side Bus Stops are located immediately after an intersection. Associated
Bus Stop Boarding and Alighting Areas are located after the intersection, no
closer than 15 feet from the corner clip. The Bus Stop Zone requires a minimum
90-foot no parking zone for a single bus. This is also applicable to Far Side Bus
Stops after a turn. The length of the Bus Stop Zone shall be increased by 50 feet
in length for each additional bus expected to stop simultaneously. [Ord.
2008-003]
3) Mid-Block/Landmark
Mid-Block/Landmark Bus Stops are located between intersections where
distance or other restrictions limit intersection placement. Associated Bus Stop Boarding and
Alighting Areas are located at landmarks that take advantage of perpendicular
Wheel Chair Accessible Routes into the development. The Bus Stop Zone requires
a minimum 150-foot no parking zone. The length of the Bus Stop Zone shall be
increased by 50 feet in length for each additional bus expected to stop
simultaneously. [Ord. 2008-003]
b. Additional Site-Specific Requirements
Where applicable additional street side infrastructure (bus bays, bulb
outs, exclusive transit treatments) and curbside infrastructure (to meet ADA
and other requirements) shall be specified by Palm Tran and shall be required
at major intersections and Mass Transit traffic generators. [Ord. 2008-003]
Figure 5.H.2.B – Bus Bay with Typical Bus Shelter Alignment
|
|
[Ord.
2008-003]
|
Figure 5.H.2.B – Bulb Out with Typical Bus Shelter Alignment
|
|
[Ord.
2008-003]
|
In addition to the above requirements, all non-residential development of 100,000
square feet or more shall provide a Mass Transit Circulation Plan prior to Final
DRO approval. Mass Transit Circulation Plans apply to an area inside a development
designated for internal Mass Transit circulation, bus stop(s), bus access, bus
recovery, and any or all of the above Mass Transit Infrastructure/Facilities on
or adjacent to the development. Bus access or bus stops should include, at a
minimum, provisions for a covered or sheltered bus boarding and alighting,
continuous paved pedestrian and bicycle access from the bus stop to the use(s)
it is intended to serve, and bicycle rack. Bus recovery areas should
accommodate all bus routes within a six to eight-mile radius including a 25 percent
growth ratio factor. [Ord. 2008-003]
In addition to the above requirements, an Intermodal Transfer Center
requirement to promote public transportation shall be applicable to DRI
projects. Prior to Final DRO approval, the Property Owner shall consult with
Palm Tran to ensure a suitable Intermodal Transfer Center is provided on the
Master Site Plan. In addition, provisions shall be made to fund any necessary
improvements to accommodate Palm Tran specifications for the following: [Ord.
2008-003]
a. When Design Guidelines are
provided, the Property Owner shall describe the optimal characteristics of a
fixed-route transit (Palm Tran) and community-based (shuttle/trolley)
circulator system to include: [Ord. 2008-003]
1) Bus stops with unrestricted pedestrian access within one-quarter mile
of all structures. [Ord. 2008-003]
2) Community circulator service
for movement within the site and interconnected with the fixed-route service
and the Intermodal Transfer Center. [Ord. 2008-003]
3) The location (spacing every one-tenth
mile), timing, size, and appearance of bus stops and stations as well as
details facilitating integration of bus stops with adjacent development. [Ord.
2008-003]
b. Construction of an Intermodal
Transfer Center (typically two to three acres) shall commence with the first Building
Permit and shall include, at a minimum, the following: [Ord. 2008-003]
1) Park-N-Ride (typically 100-car
capacity, convenient, and adjacent commuter parking). [Ord. 2008-003]
2) Accommodation for fixed-route
transit and community-based circulator service for intermodal connections to
include bus bays and access to major roadway(s). [Ord. 2008-003]
3) Convenient and adjacent public
restrooms (in accordance with Florida
Building Code, Plumbing Sections 403.1 and 403.6, and Table 403.1.A-3). [Ord. 2008-003]
4) Transit shelters (minimum 50
commuter accommodation). [Ord. 2008-003]
5) Kiosks for Mass Transit
schedule information. [Ord. 2008-003]
6) Trash receptacles. [Ord.
2008-003]
7) Lighting. [Ord. 2008-003]
8) Bicycle storage. [Ord.
2008-003]
9) Other seating and related
infrastructure. [Ord. 2008-003]
10) Adjacent newspaper and other
vending facilities that no not impede commuter movements and connections. [Ord.
2008-003]
All Site Plans meeting or exceeding the minimum thresholds identified in
Section 2.C above shall include the following language: [Ord. 2008-003]
“Proposed 10’x30’ Palm Tran Bus Stop Boarding & Alighting Area
Easement” with arrow to designated area measuring ten feet inside and
perpendicular to the property line and 30-foot parallel and along the property
line. [Ord. 2008-003]
“Proposed Mass Transit Circulation Route” with arrow to the designated
route identified by a dashed line “Palm Tran may exercise the right of Mass
Transit Circulation, Bus Access, and or Bus Stops on or adjacent to major
ingress/egress and building entrances” should also appear on the Site Plan. [Ord.
2008-003]
Prior to plat recordation or issuance of the first Building Permit,
whichever occurs first, the Property Owner shall convey and/or dedicate to Palm
Beach County an easement for Bus Stop Boarding and Alighting Area(s) in a form
with terms and conditions approved by Palm Tran. Supporting documentation,
shall include but not be limited to, a location sketch, legal description,
affidavit of ownership, attorney title opinion, and other related documents as
deemed necessary by Palm Tran. All recorded plats meeting or exceeding the
minimum thresholds identified in Section 1.C above shall include the following
language: The Mass Transit Easement as shown hereon is dedicated in perpetuity,
by Owner, to the Board of County Commissioners of Palm Beach County, its
successors and assigns (hereafter "County"), for the construction,
installation, maintenance and use of a public transit boarding and alighting
area, which use includes but is not limited to a public transit bus shelter,
transfer station, and advertising. The Owner, its successors and assigns
(hereafter "Owner"), shall maintain the easement area until such time
as the County constructs improvements in the easement area for its intended use
and purposes, at which time the County will assume maintenance of the easement
area so long as the improvements are located thereon and County uses the
easement area for its intended purposes. The maintenance obligation shall
automatically revert to the Owner upon County’s temporary or permanent
cessation of use of the improvements or removal of the improvements. [Ord.
2008-003]
Standard Easement document language has been developed by PBC Attorney’s
Office. Required supporting documentation includes an original signed and
sealed legal description of the Bus Stop Boarding and Alighting Area consistent
with the State of Florida Technical Standards for surveys and legal
descriptions; an Opinion of Counsel letter from the Grantor’s legal counsel
certifying title and authority; and an Affidavit of Managing Member of Limited
Liability Company. Other supporting documentation may be required. [Ord.
2008-003]
All Mass Transit Infrastructure/Facilities shall be located, referenced,
and established in a form and manner that is mutually agreeable to Palm Tran
and the applicable Palm Beach County Department(s). [Ord. 2008-037]
The purpose of this Chapter is to establish standards, and review and
approval procedures for murals. Murals are intended to contribute to and
advance: streetscape aesthetics; architectural features or character of a
building; a unique identity; sense of place; civic pride; community
interaction; or, the preservation of local history or culture. [Ord. 2013-021]
Murals shall be limited to non-residential buildings or structures
supporting commercial, industrial, civic, recreation, cultural, or utility uses,
as identified in the Use Matrices in Art. 4.B, Use Classification. [Ord. 2013-021]
Murals in the vicinity of any interstate highways shall comply with the
Federal Highway Beautification Act as implemented through Chapter 14-10, F.A.C., as amended. [Ord. 2013-021]
Murals shall not be located on a mural surface within 200 feet of any
property line adjacent to a parcel with a residential use, district, or FLU
designation, unless: [Ord. 2013-021]
1. oriented so it cannot be seen
from an adjacent residential parcel; [Ord.
2013-021]
2. the adjacent parcel supports non-residential
uses; [Ord. 2013-021]
3. separated by a Collector or
Arterial Street; or, [Ord. 2013-021]
4. separated from view by a
building, structure, or Incompatibility Buffer. [Ord. 2013-021]
No murals may be placed on any buildings or structures unless in
compliance with this Chapter, and approved by the County Administrator. [Ord.
2013-021]
An application form and requirements shall be specified by the County
Administrator, and shall include, but not be limited to, the following: [Ord.
2013-021]
1. Scale drawing depicting the
proposed mural, including color and materials. [Ord. 2013-021]
2. A scale drawing of the site
depicting which building or structure elevation(s) will act as the mural
surface(s). [Ord. 2013-021]
3. A detailed written and graphic
description of the method which will be used to securely affix the mural to the
mural surface, including any drawings or specifications deemed necessary by the
Building Official, or designee. [Ord.
2013-021]
4. A notarized letter from the Property
Owner: [Ord. 2013-021]
a. authorizing the placement of
the mural on the building or structure; and [Ord. 2013-021]
b. stating that the owner of the
property will maintain, repair, or remove the mural if deemed necessary, in the
event the artist fails to complete the installation of the mural, or due to
deterioration or damage to the mural. [Ord.
2013-021]
5. A proposed timeline for
completion of the mural, upon approval of a mural application (not to exceed
six months). [Ord. 2013-021]
Mural applications shall be reviewed in accordance with procedures
established in the Public Art Committee Resolution No. R-2010-2092, as amended,
and the following: [Ord. 2013-021]
1. Unless determined to be
insufficient, within ten days of accepting a mural application, the Building
Division shall forward to FDO for review by the Public Art Committee. [Ord. 2013-021]
2. FDO shall schedule a meeting
of the Public Art Committee. [Ord.
2013-021]
3. The Public Art Committee shall
conduct a public meeting and make a recommendation to the County Administrator,
to approve, approve with conditions, continue pending submittal of additional
materials or clarification, or deny, in accordance with the following: [Ord. 2013-021]
a. Not less than ten or more than
60 days after submittal of a complete application, the Public Art Committee
shall meet and review the application. Once the public meeting is scheduled,
the following public notice requirements shall be satisfied: [Ord. 2013-021]
1) Public Notice
Boards
The Applicant shall provide public notice of the meeting by the posting
of the property with signs in the following fashion: [Ord. 2013-021]
a) The subject property shall
have notices posted by the Applicant with information provided by FDO regarding
the public hearing on one or more signs at least 15 days in advance of any
public meeting. One sign shall be posted for each 250 feet of frontage along a
street up to a maximum of ten signs. All signs shall be: [Ord. 2013-021]
(1) Evenly spaced along the street
when more than one sign per property is required; [Ord. 2013-021]
(2) Set back no more than 25 feet
from the property line; and, [Ord.
2013-021]
(3) Erected in full view of the
public. [Ord. 2013-021]
Where the property does not have sufficient frontage on a street, signs
shall be in a location acceptable to FDO. The Applicant shall submit
photographs confirming the signs have been posted. The failure of any such
posted notice to remain in place after it has been posted shall not be deemed a
failure to comply with this requirement or be grounds to challenge the validity
of any decision made by the approving authority. The Applicant shall also be
required to ensure the signs have been removed no later than five days after
the final meeting. [Ord. 2013-021]
b) Exceptions
Signs posted by a public agency or the BCC may be posted on the nearest
street or at major intersections leading to and within the subject property. [Ord.
2013-021]
b. The Public Art Committee
recommendation to the County Administrator shall be based upon the following
findings: [Ord. 2013-021]
1) The mural will accomplish the
stated purpose and intent of this Chapter; [Ord.
2013-021]
2) The artist is capable of
completing the work in accordance with the plans and specifications; [Ord. 2013-021]
3) The durability and expected
maintenance requirements are appropriate; and, [Ord. 2013-021]
4) The materials to be used and
the manner of application will not require excessive maintenance by its owner. [Ord. 2013-021]
c. In making its determination,
the Public Art Committee may consider evidence and the opinions of the owners
and occupants of affected properties. Absent favorable findings as required
hereby, the Public Art Committee shall recommend that a mural permit not be
issued by the County Administrator. [Ord.
2013-021]
4. Within 30 days of the Public
Art Committee rendering a final recommendation, FDO shall forward the
Committee’s recommendation and application to the County Administrator for
final action. The County Administrator shall approve, approve with conditions,
or deny the application based upon the completeness and accuracy of the
application materials and the reasonableness of the Public Art Committee’s
findings. The Administrator shall have 30 days from receipt of Committee action
to render a decision. The decision of the County Administrator shall be final. [Ord. 2013-021]
5. When a mural application is
initiated by FDO, FDO Staff shall forward the Public Art Committee’s
recommendation and application to the BCC on the Zoning Hearing agenda for
final action. [Ord. 2013-021]
1. Murals may be located on any
mural surface (except as limited in the following Subsections) of a building or
structure; and [Ord. 2013-021]
2. Murals may wrap around from
one side of a building to the next. [Ord.
2013-021]
Murals may cover the entire plane of the side of a building or
structure, but shall not extend beyond the edge of the façade surface or
roofline. [Ord. 2013-021]
No mural may obstruct: [Ord. 2013-021]
1. The proper function of any
exterior mechanical or electrical equipment; or [Ord. 2013-021]
2. Any emergency exits. [Ord. 2013-021]
Except as stipulated in provisions for Signs within Murals below, no
mural shall contain the following: [Ord. 2013-021]
1. Any commercial content such as
logos, icons, trademarks, or brand name. [Ord.
2013-021]
2. Any moving, mechanical, or
electrical parts, or any material creating the illusion of movement or
flashing. [Ord. 2013-021]
3. Any material projecting more
than six inches from the vertical face of the mural surface. [Ord. 2013-021]
4. Any content that may be
construed as a commercial message for the owner of the building or business, or
the artist. The artist may sign the mural with their full name or initials,
within an area limited to five percent of the area of the mural, excluding any
imbedded signage, or up to four square feet in size, whichever is less. [Ord. 2013-021]
5. Anything that alters the
intended purpose or function of an improvement (or element thereof) expressly
required by the ULDC or the Florida Building Code. [Ord. 2013-021]
Murals may contain or encompass a sign. Signage shall be permitted
separately in accordance with Art. 8, Signage. Signage
shall be clearly delineated on all applicable mural drawings as being separate
and distinct from the mural. [Ord. 2013-021]
Murals shall only be illuminated in accordance with Art. 8.F.5, Illumination. [Ord. 2013-021]
Unless otherwise specified, murals approved in accordance with this
Chapter, shall be exempt from all other standards of Art. 8, Signage. [Ord.
2013-021]
Murals shall be installed in compliance with the drawings and
specifications reviewed by the Public Art Committee and approved by the County
Administrator. [Ord. 2013-021]
An Applicant shall adhere to the timeline approved by the County
Administrator. Time for the completion and successful inspection of the mural
shall not exceed six months from the issuance of the mural permit. After six
months, the mural site improvement permit will expire, and the work may not
continue, unless the Applicant requests, and is granted a mural permit renewal
by the Building Division. In no case shall a mural permit be renewed more than
one time without reconsideration of the renewal by the County Administrator. In
the event the time for completion has exceeded the approved timeline, and a
request for a renewal has not been requested and granted, the County
Administrator may declare the approval of the mural void, and the project to be
abandoned. If declared abandoned the surface(s) of the building shall be
restored to a condition consistent with the PBC Property Maintenance Code. [Ord. 2013-021]
Upon completion of the mural, the Applicant shall contact FDO Staff to
arrange for an inspection for compliance with the drawings contained in the
approved mural application. [Ord.
2013-021]
In the event the County Administrator declares the project abandoned, or
the mural as installed or maintained fails to materially comply with the
drawings and specifications approved by the County Administrator, or with the
permit or permit conditions, the owner of the property on which the mural is
located shall be subject to enforcement proceedings before the PBC Code
Enforcement Special Masters pursuant to Art. 10, Enforcement.
Should the owner be found non-compliant, the Special Master may order the mural
removed, or impose fines and penalties under Art. 10.B.3, Administrative Fines; Costs;
Liens. The remedies
contained in this Section shall be in addition to any other remedy available at
law. [Ord. 2013-021]
The purpose and intent of these regulations is to mitigate potential
adverse environmental impacts, pathogens, and other nuisances associated with
the inappropriate use or disposal of livestock waste received from off-site
sources. Adverse impacts include but are not limited to: ground and surface
water pollution due to excessive nutrient discharge, specifically nitrogen or
phosphorus; odors or other nuisance from improperly stored, composted, or
spread livestock waste. [Ord. 2013-021]
The standards shall apply to the storage or receiving of livestock waste
that is received from off-site sources. [Ord.
2013-021]
1. Where preempted by State law,
including but not limited to, the Right to Farm Act. Where applicable,
documentation of implemented Best Management Practices or other method of preemption
shall be required; [Ord. 2013-021]
2. A SWA Designated Disposal
Facility; [Ord. 2013-021]
3. The commercial application of
fertilizer on non-agricultural property when in compliance with the Palm Beach
County Fertilizer Ordinance (Ordinance No. 2012-039); [Ord.
2013-021]
4. Composted manure applied by a
homeowner or tenant to residential lawns or gardens; and, [Ord. 2013-021]
5. Ten cubic yards per acre up to
a maximum of 20 cubic yards in any 12-month period, with all requirements being
met, as listed under Art. 5.J.3, Storage or Spreading of
Livestock Waste below. [Ord. 2013-021]
The storage or spreading of livestock waste that is received from
off-site sources is prohibited, unless in compliance with the following: [Ord. 2013-021]
Storage areas shall be covered or contained to prevent runoff or seepage
of liquids or materials from the storage area. Storage of livestock waste shall
comply with the following: [Ord. 2013-021]
1. Shall not be located within
five feet of any structure, unless placed within a structure intended for the
storage or composting of such waste; [Ord.
2013-021]
2. Shall not be located within 25
feet of any property line, with exception to internal lot lines of parcels
owned by the same entity; and, [Ord.
2013-021]
3. Shall not be within 100 feet
of a potable water supply well, a storm drainage system, wetland, pond, canal,
or other water body. [Ord. 2013-021]
Livestock waste received from off-site sources shall be spread within 72
hours of delivery, except for less than ten cubic yards that is actively being
composted, or as otherwise approved in a Nutrient Management Plan. Storage
shall comply with any applicable livestock waste Storage and Separation
requirements. Spreading of livestock waste shall comply with the following: [Ord.
2013-021]
Prior to receiving livestock waste, an application shall be submitted to
the Cooperative Extension Service (CES) for review. Upon completion of the
review, the CES shall develop a Nutrient Management Plan which indicates
whether application of any livestock waste is appropriate for the soil
condition, and if so, in what amount. [Ord. 2013-021]
a. Application Form and Requirements
The application form and requirements shall be in a manner established
by the CES. [Ord. 2013-021]
b. Validity of Nutrient Management
Plan
The Nutrient Management Plan shall remain current for three years after
its issuance by the CES. A current Nutrient Management Plan must be in place
prior to receiving of livestock waste at any time. It shall be a violation of
the ULDC, if livestock waste is stored or spread in a manner inconsistent with
the current Nutrient Management Plan. [Ord.
2013-021]
The spreading of livestock waste shall not occur: [Ord. 2013-021]
a. Within 25 feet of any property
line, with exception to internal lot lines of parcels owned by the same entity;
and [Ord. 2013-021]
b. Within 100 feet of a potable
water supply well, a storm drainage system, wetland, pond, canal, or other
water body. [Ord. 2013-021]
Amendment History:
[Ord. 2003-067; January 1, 2004] [Ord. 2005-002; February 2, 2005] [Ord. 2005-041; September 1, 2005]
[Ord. 2006-004; March 1, 2006] [Ord. 2006-036; August 29, 2006] [Ord. 2006-055;
December 1, 2006] [Ord. 2007-001; January 31, 2007] [Ord. 2007-013; September
4, 2007] [Ord. 2008-003; January 30, 2008] [Ord. 2008-037, September 4, 2008]
[Ord. 2009-040; October 28, 2009] [Ord. 2009-047; December 18, 2009] [Ord.
2010-005; February 2, 2010] [Ord. 2010-022; September 1, 2010] [Ord. 2011-001;
February 4, 2011] [Ord. 2011-016; September 6, 2011] [Ord. 2012-003; February
1, 2012] [Ord. 2012-027; August 31, 2012] [Ord. 2013-001; January 31, 2013]
[Ord. 2013-018; July 2, 2013] [Ord. 2013-021; August 30, 2013] [Ord. 2014-001;
February 3, 2014] [Ord. 2014-025; September 3, 2014] [Ord. 2015-006; February
3, 2015] [Ord. 2014-031; July 7, 2015] [Ord. 2016-016; February 2, 2016] [Ord.
2016-042; September 27, 2016] [Ord. 2017-007; March 2, 2017] [Ord. 2017-025;
August 28, 2017] [Ord. 2018-002; February 1, 2018] [Ord. 2018-018; August 29,
2018] [Ord. 2019-005; January
29, 2019] [Ord. 2019-023; July 2, 2019] [Ord. 2019-034; August 27, 2019] [Ord.
2019-033; September 29, 2019] [Ord. 2019-039; December 5, 2019] [Ord. 2020-001;
January 28, 2020] [Ord. 2020-020; September 3, 2020] [Ord. 2020-021; September
30, 2020] [Ord. 2021-006; March 2, 2021] [Ord. 2021-022; September 3, 2021] [Ord.
2021-023; September 3, 2021] [Ord. 2022-029; November 2, 2022] [Ord. 2023-009; February
28, 2023] [Ord. 2023-021; May 30, 2023]