Article 5
Supplementary Standards

CHAPTER A     GENERAL

Section 1         Purpose and Intent

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.

Section 2         Definitions

See Art. 1.I, Definitions and Acronyms.

Section 3         Deviations

Deviation(s) from the provisions of this Article may be permitted for development supporting government facilities within the PO Zoning District, subject to Article 2 Application Process and Procedures and PPM ZO-O-063, as applicable and as amended. [Ord. 2007-013] [Ord. 2010-022] [Ord. 2019-005]

CHAPTER B     ACCESSORY USES AND STRUCTURES

Section 1         Supplementary Regulations

A.   Accessory Uses and Structures

1.   General

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 Matrix as blank in a zoning district shall not be allowed as 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]

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, projects 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 architecture 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. [Ord. 2017-025]

c.   Floor Area

1)   Nonresidential 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 (Except AR)

Accessory structures may be setback a distance of five feet from the side and rear property lines provided it is not located in an established easement or required landscape buffer.

a)   Townhouse

Accessory structures shall meet the setback and separation requirements in Table 3.D.2.A, Townhouse 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.

b)   ZLL

Accessory structures shall meet the setback requirements of Table 3.D.2.B – ZLL Property Development Regulations. [Ord. 2008-037]

c)   Exceptions

(1)  All structures used as dwellings, such as guest cottages, grooms quarters, and accessory dwellings, shall meet the minimum setback in Table 3.D.1.A, Property Development Regulations, or Art. 1.F.2.C, Minimum Residential Setback Requirements, if applicable. [Ord. 2016-042]

(2)  All structures over ten feet in height shall meet the minimum setbacks in Table 3.D.1.A, Property Development Regulations, or Art. 1.F.2.C, Minimum Residential Setback Requirements, if applicable. [Ord. 2016-042]

(3)  Encroachment into easements shall be in accordance with Art. 5.F.2.A, Easement Encroachment.

2)   AR District

a)   Conforming Lot Dimensions

Accessory structures may be setback a distance of 25 feet from the side and rear property lines on lots with conforming width and depth lot dimensions.

 

 

b)   Nonconforming Lot Dimensions

The setbacks for accessory structures on lots with nonconforming width or depth may be reduced for either non-conforming dimension, as follows: [Ord. 2016-042]

(1)  General

A minimum setback distance of 15 feet from the side or rear property lines; or [Ord. 2016-042]

(2)  U/S Tier

The minimum setback may be reduced in accordance with the following: [Ord. 2016-042]

(a)  The reduced setback permitted under Art. 1.F.2.C, Residential Development Regulations; or, [Ord. 2016-042]

(b)  Parcels that are less than or equal to 13,999 square feet may apply the accessory structure setbacks of Art. 5.B.1.A.1.d.1), Residential Setbacks. [Ord. 2016-042]

c)   Minimum Setback from Easements

Must be five feet from all established easements, except where use of Art. 5.B.1.A.1.d.1), Residential Districts (Except AR) is permitted. [Ord. 2016-042]

3)   Prohibition in Landscape Buffers

Accessory structures shall not be located within a required landscape buffer. [Ord. 2016-042]

4)   Nonresidential Districts

Accessory structures shall meet the setback requirements in Table 3.D.1.A, Property Development Regulations.

5)   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]

 

 

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 Matrix may be Permitted by Right. [Ord. 2017-007]

b)   One parking space shall be provided for every 200 square feet of accessory office. [Ord. 2017-007]

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]

2.   Fences and Walls

a.   Height Measurement

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 Districts

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]

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]

 

 

2)   Nonresidential Districts

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]

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]

 

 

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, Tennis Court 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)   DRO may approve increased fence heights and modify allowable locations for fences with and without barbed wire for minor utilities, water and 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
Typical Example of 1’ Grade Difference	Typical Example of 2’ Grade Difference	Typical Example of Grade Difference Greater than 2’
[Ord. 2015-006]

 

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.

e.   Dangerous Materials

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 Facilities; [Ord. 2017-007]

(3)  Electric Transmission Facility; [Ord. 2017-007]

(4)  Minor Utility; [Ord. 2017-007]

(5)  Prisons; [Ord. 2017-007]

(6)  Solid Waste Transfer Stations; [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 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 setback 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; and, [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. [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 Utilities Use Classification in Art. 4.B.7.A, Utilities 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.A.3.A, Use Matrix. [Ord. 2013-018]

(8)  Accessory Outdoor Storage in accordance with Art. 5.B.1.A.3, Outdoor Storage. [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 electric 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, [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]

3.   Outdoor Storage and Activities

Outdoor storage of merchandise, inventory, 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]

 

 

a.   General

Outdoor Storage and Activities may only be allowed when incidental to the use located on the premises. [Ord. 2017-007]

b.   Location

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 the F.A.C 62-709, 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 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]

4.   Outdoor Display

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, or required sidewalk, ADA accessibility route, or drainage easements.

 

5.   Docks

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.

6.   Entry Features

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]

 

 

7.   Fuel, Gas, or Chemical Storage Tanks

Above ground accessory fuel, gas, or chemical storage tanks, shall be setback a minimum of 20 feet and shall be completely screened from view by a continuous solid opaque hedge a minimum of four feet in height around the perimeter of the tank enclosure.

8.   Dumpsters

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 nonresidential project and per multi-family project with 16 units or more. All refuse containers shall be stored in a storage area. Storage areas shall have a minimum dimension of ten feet by ten feet. [Ord. 2018-002]

b.   Location

Containers shall be located to minimize turning and back up movements by pick-up and removal vehicles. Dumpster shall not encroach into easements or landscape buffers. [Ord. 2018-002]

c.   Setback

1)   Dumpsters located in a Commercial pod of a PUD shall comply with Art. 3.E.2.E.2.b, Design. [Ord. 2018-002]

2)   In all other zoning districts, dumpsters shall be setback a minimum of 25 feet from all property lines. [Ord. 2018-002]

d.   Screening

Containers 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 containers, screening shall be provided to the greatest extent possible. [Ord. 2018-002]

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.

 

9.   Neighborhood Recreation Facility

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, and the following: [Ord. 2011-001]

1)   Clubhouses in a standard district shall apply the requirements for a recreation pod clubhouse. [Ord. 2011-001]

2)   Parking shall not be required for recreation pods or facilities on less than one acre; however, a minimum of two spaces shall be required to accommodate maintenance services for pools or clubhouses. [Ord. 2011-001]

3)   The POA or its equivalent shall be responsible for ensuring adequate off street 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 recreational 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]

 

10.  Outdoor Recreation Amenities

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 other 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]

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]

b.   Setbacks - General

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]

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 be setback a minimum of 50 feet from any residential property line, unless stated otherwise herein. [Ord. 2011-001] [Ord. 2013-001] [Ord. 2014-001]

2)   Residential Lot Recreation Equipment

Recreation equipment located on a residential lot, which require issuance of a building permit shall comply with the setbacks in Table 5.B.1.A – Setbacks – General. [Ord. 2014-001]

 

 

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:

 

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.

11.  Screen Enclosures

a.   General

Screen enclosures may be covered with a screened or solid roof, as follows:

 

 

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	Front	Side Interior	Side Street	Rear
Single family	25 feet	7.5 feet	15 feet	7.5 feet
Cottage Home	20 feet	2 feet	10 feet	2 feet
Multi-family	25 feet	15 feet	25 feet	12 feet
ZLL
Interior lot	Parking Tract: 10 feet   R-O-W: 25 feet	Non-ZLL: 2 feet ZLL: 0 feet	N/A	2 feet
Corner lot		0 feet	10 feet
Side street home		2 feet	10 feet
Townhouse	Front (Setback)	Side (Setback/ Separation)	Side Street (Setback)	Rear (Setback/Separation)
Property line	Parking Tract: 10 feet     R-O-W: 25 feet	0 feet	Property line: 3 feet Street - 15 feet	0 feet
From Inside edge of landscape buffer or PUD or tract boundary		15 feet	15 feet	15 feet
Separation between groups	25 feet	15 feet	N/A	15 feet
Recreation Parcels	Front	Side	Side Street	Rear
Property Line	25 feet	20 feet	20 feet	20 feet
[Ord. 2013-001] [Ord. 2018-018]

 

1)   Exceptions

a)   Single Family Design Clusters

Single-family design clusters are a type of single-family dwelling 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.C.9.e, Privacy Walls or Fences. A screen enclosure which is not attached to the privacy wall shall be setback 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.

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.

5)   ZLL Setback

A screen enclosure which is not attached to the privacy wall shall be setback a minimum of four feet from the ZLL side.

12. Communication Antennas

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 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]

 

 

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]

c.   Architectural Compatibility

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]

13.  Accessory Radio Tower

A radio tower for noncommercial 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 setback 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.

c.   Exceptions for SFWMD Telemetry Towers in the Glades Tier

SFWMD Telemetry towers may be considered an accessory use within the Glades Tier, subject to the following: [Ord. 2014-025]

1)   DRO approval of a 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]

14.  Government Owned Towers

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’ 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’ in height shall be subject to the standards in Tables 5.B.1.A. [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]

 

 

 

15.  Amateur Radio and Television Antennas

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 Parts 95 and 97 of Chapter 1 of Title 47 of the Code of Federal Regulations, while reflecting PBC's legitimate interest of protecting and promoting the heath, 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, nonconforming 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)  Setback 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 break point 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.

16.  Satellite Dish Antennas

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, Walls and Hedges.

17.  Neighborhood Commercial Development (NCD)

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 1973-002 (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 a 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 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]

18.  Bike Racks

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.

 

 

19.  Permanent Generators

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)   Type 2 and 3 CLF, Club Houses and Nursing or Convalescent Facility

A permanent emergency generator shall be required for all Type 2 and 3 CLFs, Nursing or Convalescent Facilities, and PDD or TDD clubhouses 20,000 square feet, or greater. [Ord. 2006-004] [Ord. 2007-013]

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 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 a 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.D. [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 multi-family 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]

 

Table 5.B.1.A - Setbacks for Generators less than Four Feet in Height (1)
		Side	Rear
SFD		3 feet	5 feet
ZLL		5 feet	5 feet
TH		NA	5 feet
Ord. 2006-004
Note:
1.	Refer to FBC for additional location criteria.

 

3)   Type 2 and 3 CLF, PUD Club Houses and Nursing Homes

Required generators shall have a minimum operating capacity to provide service for the following: [Ord. 2006-004]

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)   Multipurpose 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]

20.  Mechanical Equipment

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 multi-family 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]

21.  Livestock

a.   Standards of Approval

Domesticated livestock shall be allowed accessory to a single family residential use subject to the following standards: [Ord. 2012-027]

1)   Tier

Shall only be located in the Rural and Exurban Tiers and when not within a PUD. [Ord. 2012-027]

22.  Pot Bellied Pigs

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]

23.  Mobile Home

The use of a mobile home shall be prohibited unless stated otherwise in Art. 4, Use Regulations and Art. 5, Supplementary Standards. [Ord. 2017-007]

 

 

24.  Air Curtain Incinerator

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 PBC Open Burning Ord. 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 setback 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 Art. 5.B, Accessory and Temporary Uses. [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, 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]

25.  Air Stripper

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]

26.  Kennels and Runs

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 Ord. 98-022 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]

27.  Accessory Solar Energy Systems

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 onsite 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]

B.   Government or Utility Emergency or Temporary Structures

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]

1.   Review and Approval Process

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.5.J, 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 Right of Ways (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]

C.   Temporary Structures

The purpose of this Section is to supplement regulations for temporary structures pursuant to the latest edition of the Florida Building Code, Section 108, Temporary Structures and Use, 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]

1.   Types of Temporary Structures

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 of the Rural Service Area (AR/RSA). No additions shall be allowed to except for awnings and demountable screen panels, stairs, decks and trellises. Construction fence 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]

2.   Approval Process

All temporary structures or construction fence that are listed in this Section maybe 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 well 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]

3.   Additional Requirements for Temporary Structures

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 Article 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]

4.   Portable Storage Container

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, 8 feet in width and 8 feet in height may be allowed, for no more than 2 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 setback a minimum of 7.5 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.C.1.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]

D.   Flex Space

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 Designation (FLU), that are directly related to the principal use. [Ord. 2010-005]

1.   Review Process

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]

2.   Development Standards

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% industrial, not to exceed 75%; 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% 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 3 spaces per 1000 square feet of floor area. [Ord. 2010-005]

2)   IND-FLU

Parking shall be calculated at the rate of 2.5 spaces per 1000 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.A.1.B, Minimum Off-Street 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.A.1.B, Minimum Off-Street Parking and Loading Requirements prior to final DRO or Building Permit approval, whichever is applicable. In the event the onsite 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 Clerk of Circuit Courts 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.3.A, Thresholds for Projects Requiring DRO Approval, and Table 4.A.3.A, Thresholds for Projects Requiring Board of County Commissioner Approval. [Ord. 2010-005]

3.   Uses Allowed

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]

 

CHAPTER C     DESIGN STANDARDS

Section 1         Architectural Guidelines

A.   Purpose and Intent

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.

B.   Threshold

This Chapter shall apply to the following projects, buildings and related signs:

1.   General

a.   All nonresidential projects or buildings requiring approval by the BCC or ZC; [Ord. 2006-036]

b.   All nonresidential 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.   Multi-family 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.33, Restaurant, Type 1; and, [Ord. 2012-027] [Ord. 2017-007]

4)   Type 3 CLF. [Ord. 2017-007]

2.   Mixed Use

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]

C.   Exemptions

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.a, 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 SF or less (proposed addition to list). [Ord. 2007-013]

D.   Effect

1.   Effect on Prior BCC and ZC Approvals

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]

2.   Effect on Prior DRO Approvals

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]

3.   Effect on Other Regulations

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.

E.   Review Process

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]

1.   Methods

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]

2.   Unique Structure

a.   Purpose and Intent

To recognize structures that comply with the definition in Art. 1.I.2.A, 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 Section 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]

3.   Type 1 Waiver - Green Architecture

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]

c.   Review Process

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 the Green Architecture Designation Rating Program, Table 5.C.1.E. [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. 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. 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. 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]

 

 

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.E, Type 1 Waiver. [Ord. 2011-016] [Ord. 2012-027]

4.   Administrative Amendments by DRO

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.

F.   Application Requirements

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]

G.   Visual Impact Analysis

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:

1.   Environmental Assessment

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.

2.   Line of Sight Analysis

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-W’s and residentially zoned properties.

3.   Prevalent Theme

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.

4.   Architectural Compliance Statement

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.

H.   Guidelines

1.   Nonresidential Design Elements

The following guidelines shall apply to all nonresidential projects or buildings that meet the threshold in Art. 5.C.1.B, and are not exempt in Art. 5.C.1.C,: [Ord. 2005-002]

a.   General

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)   Out parcels 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:

 

 

 

c.   Facade

The front, side, and rear facades, 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 facades, unless exempted above, shall meet the following standards:

a)   Recesses/Projections

Facades 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 facade. The recesses or projections shall be distributed along the facade with a maximum spacing of 100 feet between each recess or projection. Facades with four or more bay doors may exclude the combined length of the bay doors from the total facade 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 facade 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 facades 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 facade to avoid the appearance of a blank wall and shall be provided along a minimum of 60 percent of the facade length of the front, side and rear facades if contiguous to a public street or residential zoning district.

d.   Entries

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:

 

 

 

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]

f.    Design Elements Subject to ZC or BCC Approval

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 facades, excluding galvalume and galvanized steel roof; and

7)   smooth-faced, painted, concrete masonry block.

g.   Rural Design Elements

The following standards shall also apply to nonresidential 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, Roof Design Element, and Table 5.C.1.H, Decorative Roof Treatment below. The same features are not required on each elevation. [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)   Facades

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 facades 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 facades, and 50 percent of the side or rear facades 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.

2.   Multi-Family Design Elements

In addition to the guidelines for non-residential projects, multi-family 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.

b.   Balconies and Patios

Individual balconies and/or patios shall be provided for a minimum of 20 percent of the total number of units within each building.

I.    Large Scale Commercial Development

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]

 

1.   Single Tenant Limit

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 2010-030 (LGA 2010-012); and, [Ord. 2005-002] [Ord. 2013-001] [Ord. 2017-025]

2)   Sites approved under Ordinances 2008-048 and 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 Landscaping, 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 out-parcels 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 auto 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]

2.   Facade Orientation

For the purposes of this section, facade orientation shall be defined as follows: [Ord. 2005-002]

a.   Front facade: 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 facade: The wall of a building containing a secondary public entrance. The Side A façade is generally located parallel with and facing secondary parking area for the building. [Ord. 2005-002]

c.   Side B facade: Any side building façade not having a secondary public entrance. [Ord. 2005-002]

d.   Rear facade: The rear wall of a building generally opposite the front facade. [Ord. 2005-002]

3.   Single Tenants 65,000 Gross Square Feet or More

Developments with single tenants occupying 65,000 gross square feet or more shall be subject to the requirements of Table 5.C.1.I-13, Large Scale Commercial Development. [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 facades, and any façade oriented towards a street; and, two and one half feet for side B and rear facades. [Ord. 2005-002]

b)   A Parapet return is required with a length equal to or exceeding the required parapet articulation. [Ord. 2005-002]

b.   Facade

1)   Recesses/Projections

Facades 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-13, 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-13, 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)   Facades 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 facades. [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 facade. [Ord. 2005-002]

d.   Pedestrian Amenities

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, 16 feet 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]

J.   Appeal

1.   Non-Judicial Remedies

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.E, Type 1 Waiver. [Ord. 2005-002] [Ord. 2011-016] [Ord. 2012-027]

2.   Exhaustion of Non-Judicial Remedies

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]

CHAPTER D     PARKS AND RECREATION – RULES AND RECREATION STANDARDS

Section 1         General

The Director of Parks and Recreations shall be responsible for implementing, applying, interpreting, and modifying the standards of Art. 5.D, Parks and Recreation – Rules and Recreation Standards.

A.   Purpose and Intent

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 Open Space Element of the Plan; and

4.   Ensure that necessary recreational improvements will be provided for residents concurrent with residential development.

B.   Applicability

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.

Section 2         Types of Parks

A.   Countywide Parks and Preservation/Conservation Areas

1.   Countywide Parks

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 Recreational Department’s ongoing Capital Improvement Program. [Ord. 2006-004]

2.   Countywide Park Impact Fees

Park impact fees shall be assessed according to the provisions of Art. 13.B, County District, Regional, and Beach Parks Impact Fee, as amended, to meet Countywide LOS needs for public regional beach, and district parks.

3.   Reservations

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.

B.   Community and Neighborhood Park Recreation Standards

1.   Required Recreational Areas

All proposed residential development shall make adequate provisions for recreation areas to accommodate the neighborhood and community 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 owner's association and their successors in interest shall be responsible for the perpetual maintenance of the recreation area.

2.   Calculation of Required Recreation

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 neighborhood or community 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 Park 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]

3.   Approval

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 Park 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.

4.   Reduction in Recreation Area Land Requirement

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 purpose 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]

5.   Cash-Out Option

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]

6.   Park and Recreation Trust Fund

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 neighborhood or community 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.

7.   Other

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.

8.   Open Space Credit

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.   Other Credits

Any parcel used to satisfy Parks and Recreation Standards shall meet the following requirements: [Ord. 2006-004]

a.   Minimum Parcel Size

Minimum parcel size shall be 7,500 square feet exclusive of above ground easements and landscape buffers. [Ord. 2006-004] [Ord. 2016-042]

b.   Minimum Parcel Width

Minimum parcel width shall average 75 feet with no dimension less than 50 feet. [Ord. 2006-004]

c.   Minimum Parcel Depth

Minimum parcel depth shall average 100 feet with no dimension less than 75 feet. [Ord. 2006-004]

d.   Waiver of Minimum Parcel Dimensions

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 parcels function in the overall recreation and open space network of the development. [Ord. 2006-004]

e.   Underground Easements

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]

f.    Exceptions

1.   CLFs may be exempt from the minimum parcel size and minimum dimensions, with prior approval by the Director of the Parks & Recreation Department. [Ord. 2016-042]

2.   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]

C.   Passive Park

See Art. 4.B.3.C.8, Park, Passive

D.   Public Park

See Art. 4.B.3.C.9, Park, Public

E.   Infill Neighborhood Park

See Art. 4.B.3.C.7, Park, Neighborhood Infill

F.   Phasing

Any development required to provide recreation shall follow one of the following phasing plans:

1.   Single Phasing

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]

2.   Multiple Phasing

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]

3.   Multifamily and Congregate Living Facilities

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]

G.   Public Park Landscape Standards

This section recognizes that public parks require flexibility in landscape design to address unique natural and manmade 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]

1.   General Standards

a.   Minimum Tree Quantities

A minimum of one tree is required per 1,200 sq. ft. 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 sq. ft. 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 [Ord. 2006-004]

1)   Exemption

Open air pavilions, bathrooms, scoreboxes, mechanical vaults, and similar park structures less than 2,000 sq. ft. 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 facades, and the rear facade if oriented towards any public use area. Width shall be a minimum of five feet along front and rear facades, where required, and eight feet along side facades. [Ord. 2006-004]

2.   Perimeter Buffer Landscape Requirements

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 ROW 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, shall not apply. Where shrubs 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 Buffer

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 Buffer

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]

3.   Off Street Parking Requirements

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]

CHAPTER E     PERFORMANCE STANDARDS

Section 1         Major Intersection Criteria

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:

A.   Four Lanes

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;

B.   Five Year Road Plan

The roadway appears in the Five Year Road Plan to be constructed as a major arterial of at least four lanes;

C.   Traffic Volume

The current average traffic volume on the roadway is greater than ten thousand trips per day as shown on the Peak Season Traffic Volume Table published by the Palm Beach County Traffic Division; [Ord. 2009-040]

D.   R-O-W

The roadway is shown on the Thoroughfare Plan as 120-foot R-O-W or greater; or

E.   Upgrade Agreement

The applicant agrees to improve the roadway system to meet the standards in this Chapter as a condition of approval.

Section 2         Location Criteria

A.   Purpose and Intent

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]

B.   Intersection Criteria

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]

C.   Separation Criteria

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.   1000-feet; or

2.   500-feet.

D.   Existing Uses

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.33.f.3), Exception, to the greatest extent feasible. [Ord. 2006-004]

Section 3         Drainage

For all development in all districts, drainage shall be designed and constructed in accordance with the drainage and storm water management standards of Art. 11, Subdivisions, 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:

A.   Development That Meets Both of the Following Criteria

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

B.   Industrial Designations

Individual lots designated as Industrial on the FLUA which have a zoning designation of IL, IG, MUPD, PIPD, or SWPD are limited to industrial uses, are located 300 hundred 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.

C.   Security Trailers or Caretakers’ Quarters Allowed In Conjunction with an Exempted Use

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.

D.   Lands with Paola or St. Lucie Soil Types

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 8 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]

Section 4         Nuisances

A.   General

1.   Purpose and Intent

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.

2.   Applicability

This Chapter shall apply to all land in the unincorporated area of PBC, unless exempt pursuant to Art. 5.E.1.E, Upgrade Agreement.

3.   Conflicts

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.

4.   Definitions

See Art. 1.I, Definitions and Acronyms

5.   Exemptions

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 a 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 agricultural 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]

B.   Noise Limitations and Prohibitions

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:

1.   Prohibitions

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 loud speaker, loud speaker 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 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 PM and 7:00 AM. 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.

2.   Maximum Sound Levels

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.

 

 

3.   Public Nuisance

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.

C.   Vibration

1.   Non-Industrial Districts

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.

D.   Smoke, Emissions and Particulate Matter

1.   General Requirements

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]

2.   Smoke

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 Ringlemann Chart, or the opacity of which is equal to or greater than twenty percent. For the purpose of grading the density of smoke, the Ringlemann Chart, as published and used by the United States Bureau of Mines, or Method 9, as published in Rule 62-296 F.A.C., is incorporated herein by reference. All measurements shall be at the point of emission. [Ord. 2006-004]

3.   Dust and Particulate

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 Rule 62-296 F.A.C. [Ord. 2006-004]

4.   Objectionable Odors

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]

5.   Toxic or Noxious Matter

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]

E.   Outdoor Lighting

1.   Purpose and Intent

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, luminaries 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]

2.   Applicability

All outdoor lighting shall be subject to the requirements of Table 5.E.4.D - 15, Illumination Levels, and Table 5.E.4.D - 16, 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]

a.   Conflict

In the case of a conflict between this Section other provisions of this Code, or other applicable codes, the more strict regulation shall apply. [Ord. 2005-041]

b.   Non-conforming Lighting

All luminaries 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 uses shall be exempt to the extent listed below: [Ord. 2005-041]

1)   Residential

Single-family, townhouses, multi-family dwellings up to two units shall not be subject to the requirements of this Section. [Ord. 2005-041]

2)   Street Lights

Street lights in any public ROW 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, Chapter 13 Section 13-415.1ABC.2.1efficancy 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]

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 0% 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. [Ord. 2008-037]

5)   Animated lighting, unless authorized under Art.8,Signage. [Ord. 2005-041]

e.   Deviations

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 FBC Chapter 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 provide 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.10 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]

3.   Submittal Requirements

a.   Photometric Plan

All building permit applications that include the use of external luminaries, or luminaries 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 luminaries, and photometrics in foot-candle output of all proposed and existing luminaries 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 luminaries, 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]

4.   Standards

a.   Confinement

All outdoor lighting shall utilize full cutoff luminaries per the Illuminating Engineering Society of North America (IESNA) definition of full cutoff which allows for 0% of lumens above 90 degrees from nadir. No luminaries other than landscape lighting exempted per Art. 5.E.4.E.2.c.4, shall be directed upwards to avoid urban sky glow. In the U/S Tier, accent and landscape luminaries 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 ROW 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 luminaries 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]

 

 

e.   Luminaire Heights

Table 5.E.4.E, Maximum Permitted Luminaire Height, identifies the maximum height for any freestanding or structure mounted luminaires.

 

 

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]

Section 5         Hours of Operation

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]

A.   Proximity to Residential

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, MXPD, and TMD. [Ord. 2017-007] [Ord. 2017-025] [Ord. 2018-018]

 

 

B.   Measurement

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]

C.   Existing Uses

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]

D.   Exemptions

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]

E.   Type 2 Waiver

Hours of Operation may be altered pursuant to Art. 2.B.7.D, Type 2 Waiver. [Ord. 2018-018]

CHAPTER F     LEGAL DOCUMENTS

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.

Section 1         Maintenance and Use Documents

A.   Purpose and Intent

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 the PBC or surrounding property. Nothing in this Chapter shall be construed as creating any obligation upon the PBC to maintain such common areas or their improvements or to otherwise ensure their availability and condition.

B.   Applicability

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]

C.   Exception

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.

D.   General Requirements

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 the PBC when requested.

E.   Documents Establishing Maintenance and Use

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.

1.   Developments Including a Subdivision of Five or More Lots

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.

2.   Subdivisions of a Maximum of Four lots

A POA may or may not be required depending upon the individual subdivision. The determination shall be made by the County Attorney's Office. If a POA is required, then the submittal requirement shall be as listed above. If a POA is not required, then the developer shall submit a Unity of Control. If there are to be party walls within the development, a Declaration of Party Wall shall be included in the submission.

3.   Rental Projects

A Unity of Title shall be submitted for a development that will be owned and maintained by a landlord for the benefit of lessees residing on or occupying leaseholds on a Lot or Parcel.

F.   Content Requirement for Documents

The following shall be the minimal content requirements for documents. Provisions which do not conflict with any PBC requirements may also be included.

1.   Property Owner's Association (POA) Documents

a.   Declaration of Covenants and Restrictions

1)   Legal Description

a)   For Master Property Owner’s 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)   Definition

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.

2.   Declaration of Party Wall

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.

3.   Unity of Control

A unity of control shall be recorded against a subdivision of a maximum of four lots if the County Attorney's Office has exempted the subdivision from the requirements for a POA. The unity of control shall contain the following:

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;

b.   Creation of perpetual cross-access, parking, drainage, and utility easements for the benefit of all owners of the development;

c.   Maintenance responsibilities for all common areas of the development and method by which maintenance costs shall be shared; and

d.   Establishment of these provisions as covenants running with the land.

4.   Unity of Title

The owner of a rental project shall record against his property a unity of title. The unity of title, which shall be a covenant running with the land, shall provide that the property shall be considered one plot and parcel and that no portion of the property may be conveyed to another owner. The County Attorney's office, after consulting with the Zoning and Land Development Divisions, may agree to release the unity of title provided that covenants establishing maintenance and use are recorded in its place. The cost of recording the unity of title and/or a release shall be the responsibility of the owner.

Section 2         Easements

A.   Easement Encroachment

1.   Minor Encroachments

Minor encroachments of buildings and structures may be allowed within an easement in accordance with this Chapter.

2.   Major Encroachments

Buildings or structures designed for human occupancy, screen enclosures, pools, or spas shall be prohibited within any easement. [Ord. 2010-005] [Ord. 2019-005]

3.   Incompatible Uses

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.

4.   Application Process

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.

5.   All Other Approvals Required

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.

6.   Accountability

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]

7.   Modifications

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.

B.   Drainage Easement Encroachments

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: 2.A.5, 2.A.6, and 2.A.7 of this Chapter. [Ord. 2010-005]

CHAPTER G     DENSITY BONUS PROGRAMS

 

The WHP, AHP or the TDR Program are the required methods for increasing density above the maximum density permitted by a property’s FLUA designation within unincorporated PBC, unless an applicant can both justify and demonstrate a need for a Site Specific FLUA Amendment and demonstrate that the current FLUA designation is inappropriate, as outlined in Art. 2.H, FLU Plan Amendments. [Ord. 2008-003] [Ord. 2010-005]

Section 1         Workforce Housing Program (WHP)

A.   Purpose and Intent

The WHP implements HE Policies 1.1-o and 1.5-g of the Plan, among others, by establishing an Inclusionary WHP. The program mandates or encourages the development and equitable geographic distribution of workforce housing units for low, moderate 1 and Moderate 2, and middle-income households, 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. [Ord. 2006-055]

B.   Applicability

In cases of conflict between this Chapter and other Articles of this Code, the provisions of this Chapter shall apply. The WHP shall apply to all new developments with a residential component of 10 or more dwelling units. For existing projects proposing 10 or more dwelling units, the program shall apply to those units being added. Requirements and limitations are further defined in Table 5.G.1.B, Workforce Housing Program. [Ord. 2006-055] [Ord. 2010-005]

 

Table 5.G.1.B - Workforce Housing Program
Applicability
Location:			Threshold		Required > or = to 10 residential dwelling units
			Tier or Overlay		U/S
			FLU (1)		LR-1, LR-2, LR-3, MR-5, HR-8, HR-12, HR-18, UC and UI
Density Bonus Incentive
	LR-1 thru LR-3			up to 30%
	MR-5 thru HR-18 (2)			up to 100% (Pre-App required for > 30%)
	UC or UI			N/A
Required % of WHP Units (3)
	Standard Density			5%
	Maximum Density			16%
	WHP Density Bonus			34%
	UC or UI			15%
Required WHP Ranges (4)(6)
	Low (60-80%)			25%
	Moderate 1 (> 80-100%)			25%
	Moderate 2 (> 100-120%)			25%
	Middle (> 120 or £ 140%)			25%
Provision of Units
		Option 1			Construct units off site. (Art. 5.G.1.G.1)
		Option 2			Purchase existing market rate units and deed to the County or sell to eligible households and deed restrict. (Art. 5.G.1.G.2)
		Option 3			Donate build-able land acceptable to the County in an amount = or > than the buyout cost. (Art. 5.G.1.G.3)
		Option 4			In-lieu Payment. (Art. 5.G.1.G.4)
[Ord. 2006-055] [Ord. 2007-013] [Ord. 2010-005] [Ord. 2010-022]
Notes:
1.		Shall also apply to mixed use projects with applicable underlying FLU designations for Commercial and Industrial Mixed Use Development. [Ord. 2006-055]
2.		A density bonus of > 30% shall be permitted subject to meeting the additional standards of Art. 5.G.1.H, Additional Requirements for > 30% Density Bonus. [Ord. 2006-055]
3.		Percentages shall be rounded up to the nearest whole number. [Ord. 2006-055]
4.		Based on County Median Income. Where assigning units to a category, priority may be given to middle income first, proceeding downward to low income (i.e. where 3 units are required, the first shall be middle [> 120 or £ 140%]; the 2nd Moderate 2 [> 100-120%]; and, the 3rd Moderate 1 [> 80-100%]). This does not prohibit allowing higher numbers of lower income units. [Ord. 2006-055] [Ord. 2007-013] [Ord. 2010-005]
5.		All units not located on site shall comply with requirements of onsite units. [Ord. 2006-055] [Ord. 2010-005]
6.		UC or UI applications: Consideration may be given to additional affordable housing household incomes in developments requesting all or a portion of the 15% unit requirement within their proposal be based on the programmatic requirements imposed by a governmental agency providing affordable housing funding or by an entity with programmatic requirements (e.g., Habitat for Humanity or a Community Land Trust). The final determination is to be made by the Planning Director or designee. [Ord. 2010-022]

 

1.   Exemptions

a.   Projects utilizing the AHP shall not be subject to the requirements of the WHP. [Ord. 2010-005]

b.   All congregate living facilities (CLFs); and, nursing or convalescent facilities. [Ord. 2006-055]

2.   Limitations

WHP units shall not be subject to restrictions beyond income qualifications. [Ord. 2010-005]

3.   Income Ranges

There are four targeted income range categories in the WHP pursuant to Table 5.G.1.B, Workforce Housing Program. Applicants shall not be required to provide units in a category when the category price is greater than the median sales price for the County. These units would be eligible for the In-Lieu payment pursuant to Art. 5.G.1.G.4, Option 4 – In Lieu Payment, or distributed equally among the remaining targeted income ranges. [Ord. 2010-005]

4.   When WHP and AHP Units are Proposed

The Planning Director shall make a determination as to which program shall be followed when projects include units targeting both income groups. [Ord. 2010-005]

C.   Development Options

1.   No Incentives

A proposal requesting no additional WHP density bonus; TDR units; WHP - TPS special methodology mitigation; WHP expedited review; WHP site plan regulation options; or any additional WHP incentive shall comply with the following: [Ord. 2010-005]

a.   All dwelling units proposed shall be required to target households with incomes from 60 percent to 140 percent of AMI. [Ord. 2010-005]

b.   To be eligible no more than 90 percent of the total project units can be built within any one of the four targeted income categories; all other units must be built in any one, or any combination thereof, of the remaining three income categories. [Ord. 2010-005]

c.   All for sale units which includes attached and detached housing types shall be required to be income restricted for a period of 7 years (non-recurring) [Ord. 2010-005]

d.   All units within a rental development utilizing this development option will be required to be income restricted for a period of 30 years (non-recurring). [Ord. 2010-005]

e.   Projects developed under this option shall not be permitted to utilize the payment in lieu of construction provisions as outlined in Art. 5.G.1.B.3, Income Ranges or Art. 5.G.1.I.5, Release of Obligation to Construct WHP For Sale Units. [Ord. 2010-005]

2.   Limited Incentive

An applicant may receive no more than 50 percent of the potential density bonus as provided in this Chapter. [Ord. 2011-001]

a.   The required percentage of WHP units will also be limited to: 2.5 percent of Standard Density; 8 percent of PUD Density and 17 percent of the WHP density bonus. [Ord. 2010-005]

b.   50% of the required WHP units shall be set aside for low income households (households that earn between 60 percent and 80 percent of the County’s median income) and 50 percent of the required WHP units shall be set aside for moderate 1 income households (households that earn between 80 percent and 100 percent of the County’s median income). [Ord. 2010-005]

c.   The WHP - TPS special methodology mitigation, the WHP expedited review, the WHP site plan regulation options and any additional WHP incentives will be available if requested. [Ord. 2010-005]

d.   All for sale units shall be income restricted for a period of 15 years (recurring). Each WHP unit shall be sold, resold, or rented only to Low or Moderate 1 income qualified households and the WHP restrictions remain in effect for 15 years from the date each unit is first purchased or rented, 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. 2010-005]

e.   All units within a rental development utilizing this development option will be required to be income restricted for a period of 30 years (non-recurring). [Ord. 2010-005]

3.   Full Incentive

A proposal requesting consideration for all available WHP incentives, as indicated in the following Table 5.G.1.B, Workforce Housing Program, and following text. [Ord. 2010-005]

D.   Design Requirements

1.   Design

WHP units shall be designed to be compatible with the overall project, as follows: [Ord. 2006-055]

a.   All WHP units shall be constructed on site, unless approved otherwise in accordance with Art. 5.G.1.G, WHP Off Site Options; [Ord. 2006-055] [Ord. 2010-055]

b.   All affordable units shall be designed to a compatible exterior standard as other units within the development or pod/phase and shall be comparable with the surrounding land uses; and [Ord. 2006-055] [Ord. 2010-005]

c.   Required WHP units may be clustered or dispersed throughout the project. [Ord. 2006-055]

E.   WHP Incentives

All projects with 10 or more residential units shall be eligible for WHP Incentives. [Ord. 2006-055]

1.   Density Bonus

Table 5.G.1.B, Workforce Housing Program, delineates the ranges of density bonus allowed for the WHP. 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 WHP density bonus. To ensure compliance with the compatibility requirement of HE Objective 1.5 of the Plan, projects requesting a density bonus greater than 30 percent shall be subject to the requirements of Table 5.G.1.E, Review Process, and Art. 5.G.1.H, Additional Requirements for > 30% Density Bonus. [Ord. 2006-055]

 

 

2.   Traffic Performance Standards Mitigation

a.   WHP Special Methodologies

TPS mitigation shall be permitted for WHP projects in accordance with County Comprehensive Plan Transportation Element Policy 1.2-d (4). [Ord. 2006-055] [Ord. 2011-016]

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. 2006-055]

3.   Expedited Review

The following expedited review processes may apply to a proposed WHP development: [Ord. 2006-055]

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. 2006-055]

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. 2006-055]

2)   If a subdivision plat is required, permits will be concurrently reviewed, but only issued at recording of the plat. [Ord. 2006-055]

3)   Pursuant to Art. 3.E.1.G.1.a, Permits, Building permits may be issued for sales offices, sales models, gate houses, entry features, and utilities may be issued prior to the recording of a final plat. [Ord. 2006-055]

4.   Density Bonus Development Options

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 project, and shall not be granted on a lot-by-lot basis. [Ord. 2006-055]

b.   Applicability

Projects with ten or more units that utilize a density bonus incentive and are subject to the requirements of the WHP may utilize the Development Options listed herein. [Ord. 2006-055]

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. 2006-055]

1)   The regulations that are proposed to be modified. [Ord. 2006-055]

2)   The amounts and specifics of the requested deviation(s). [Ord. 2006-055]

3)   The areas within the development that the deviation(s) will be applied to. [Ord. 2006-055]

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. 2006-055]

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. 2006-055]

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. 2006-055]

f.    Option 1 – RT District

The zoning for parcels electing to use this option must be in compliance with Table 3.A.3.B, Future Land Use (FLU) Designation and Corresponding Standard Zoning Districts. [Ord. 2008-037]

1)   RT PDR Deviations

Deviations from the minimum PDRs for the RT district with a LR-2 or LR-3 FLU designation may be in accordance with Table 5.G.1.E, RT Deviations for WHP, 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. 2006-055] [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. 2006-055]

1)   U/S Tier Only; [Ord. 2006-055]

2)   Project does not qualify to be a TND or use Option 1 or 3; [Ord. 2006-055]

3)   If the subject site has a 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. 2006-055]

h.   Option 3 – Flexible Regulations

Projects with MR-5, HR-8, HR-12, 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. 2006-055]

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. 2006-055]

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 PDR’s: building coverage; and front and side street setbacks. [Ord. 2006-055]

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. 2006-055]

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.I.2.U.18, Usable Open Space for WHP. [Ord. 2006-055]

j.    Option 5 – Internal Incompatibility Buffers

Required incompatibility buffers between SFD and MF units within a WHP development shall not be required. [Ord. 2006-055]

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. 2006-055]

1)   In the case of a civic site cash out, the deletion of the civic pod and increase in residential pod area; or, [Ord. 2006-055] [Ord. 2010-005]

2)   The relocation of residential units to a civic pod, or the relocation of residential units where the civic pod is deleted. [Ord. 2006-055]

F.   WHP On-site Construction

WHP units may be located on-site in accordance with the provisions of Art. 5.G.1.C, Workforce Development Alternatives; however, under no circumstances shall any site be permitted to develop at a density greater than that permitted by the Plan. Prior to final DRO approval, the applicant shall identify on the plan the total number of WHP units proposed for development within each pod or phase, as applicable. The plan shall also indicate the number of units in each applicable WHP income category. All of the WHP units shall not be constructed in the last phase of a multi-phased development except for a Development Order Amendment to a Development Order approved prior to WHP requirements. [Ord. 2010-005] [Ord. 2012-003]

G.   WHP Off-site Options

WHP units may be located off-site using the options listed below and in accordance with the provisions of Table 5.G.1.B, Workforce Housing Program; however, under no circumstances shall any site be permitted to develop at a density greater than that permitted by the Plan. Prior to issuance of a building permit, or final DRO approval if applicable, 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. Prior to final DRO approval, the applicant shall identify the total number of WHP units proposed for development off-site including the number in each applicable WHP income category. Off-site options may be accommodated in municipalities located within Palm Beach County. [Ord. 2006-055] [Ord. 2010-005]

1.   Option 1 – Off-site Construction

Building permits shall be issued for a minimum of 25-percent of the required WHP units to be constructed off-site prior to the issuance of no more than 25-percent of the building permits in the subject development. All off-site WHP units must receive CO prior to issuance of no more than 85-percent of the CO’s in the subject development. [Ord. 2006-0455] [Ord. 2010-005]

a.   WCRAO – Off-site construction of the required WHP units within the low income range shall be limited to ten percent. [Ord. 2008-037]

2.   Option 2 – Purchase Market Rate Units

Purchase of an equivalent number of existing market rate units to be deeded to the County or sold to eligible households and deed restricted. The developer may retain the title to off site units subject to recordation of a deed restriction that meets the intent of this provision. 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 25-percent of the 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 CO’s in the subject development. [Ord. 2006-055] [Ord. 2010-005]

3.   Option 3 – Donate Buildable Land

Donation of developable land acceptable to the County in an amount equal to the buyout costs of the affected units. Donated land must be deeded to the County prior to issuance of the first building permit in the subject development. [Ord. 2006-055]

4.   Option 4 – In-lieu Payment (Prior to Issuance of First Residential Unit Building Permit)

The in-lieu payment for all WHP units shall be $81,500 per for sale unit and $50,000 per rental unit. The payment shall be deposited in the WHP Trust Fund maintained by the PBC Department of HCD at the time of issuance of the first residential unit building permit for the subject development. [Ord. 2006-055] [Ord. 2010-005]

H.   Additional Requirements for >30% Density Bonus

Projects requesting a density bonus greater than 30 percent shall comply with the following: [Ord. 2006-055]

1.   Sector Analysis

WHP projects, including relocated WHP units, shall be equitably distributed so that there is no undue concentration of very-low and low income households. Table 5.G.1.H, WHP Density Bonus Guide indicates the maximum density bonus permitted and the concentration of very-low and low income housing within a sector will be one factor taken into consideration when determining the maximum density bonus permitted. 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 1/4 mile radius of a public park (neighborhood or regional park, not a golf course); civic uses (schools/libraries); a mass transit facility/route; child care facilities; medical facilities; a super market; a community commercial facility; employment opportunities; and within 1/2 mile radius of social services; a regional commercial facility; an industrial facility; additional civic uses and employment opportunities. Prior to submittal of a WHP 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 density bonus permitted or a bonus in excess of the maximum shall be recommended by the Planning Director or designee. [Ord. 2010-005]

 

Table 5.G.1.H - WHP Density Bonus Guide
% of Very Low & Low Income Households in Sector		> 50%	40-50%	20-40%	0-20%
Maximum Density Bonus (1)		up to 40%	up to 60%	up to 80%	up to 100%
[Ord. 2009-001] [Ord. 2010-005]
Notes:
1.	The Planning Director may recommend a density bonus in excess of the Maximum Density Bonus where the project serves to mitigate existing very low and low income concentrations by including a mix of higher income market rate units or Medium 1, Medium 2 and Middle Income WHP units. [Ord. 2006-055]

 

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. 2006-055]

b.   Household income characteristics for the sector shall be derived from the most current available census data. The income level of a “family of four” shall be used for the determination of households within the low, moderate and middle income household categories. The analysis of housing and demographic data within the sector shall be in a manner and form approved by the Planning Director. [Ord. 2006-055]

2.   Pre-Application

An application for density bonus greater than 30 percent 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. 2006-055]

a.   Contents

The pre-application shall be in a form established by the Planning Director, and made available to the public. [Ord. 2006-055]

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. 2006-055]

c.   Compliance

The density bonus shall not be granted until the project is found in compliance with HE 1.5.h. in the Plan. [Ord. 2006-055]

d.   Density Determination

The Planning Director shall provide a written density determination letter within ten 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. 2006-055]

I.    Affordability Requirements

Where applicable, the required percentage, affordability ranges and provision of units, shall be in accordance with Table 5.G.1.B, Workforce Housing Program. [Ord. 2006-055]

1.   Sales and Rental Prices of WHP Units

All required WHP units shall be offered for sale or rent at an attainable housing cost for each of the targeted income ranges. The sale and rent prices shall be updated annually by the Planning Director, or designee, with the sale prices based on the Area Median Income (AMI), and the household income limits for PBC (West Palm Beach/Boca Raton metropolitan statistical area) for a family of four, which pricing shall not be adjusted based on the number of occupants, as published annually by HUD (sale price: household income figure multiplied by three and priced at the middle of each of the four WHP income categories), and rental prices based on the annual Florida Housing Finance Corporation Multi-Family Rental Figures as adjusted for number of bedrooms in WHP rental units. The minimum WHP price initially established at the time of approval for each for sale unit within each WHP category range will be the sales floor. This sales floor shall serve as the minimum sales price point required throughout the applicable deed restriction time frame. The minimum WHP price initially established at the time of approval for each rental unit within each WHP income category range will be the rental floor. This rental floor shall serve as the minimum rental price point required throughout the thirty (30) year term of this Covenant. Any utility allowances applied against gross maximum WHP unit rents shall also be adjusted based on a number of bedrooms in WHP rental units. A chart with the sales and rent prices will be maintained and updated annually by the County. [Ord. 2006-055] [Ord. 2010-005] [Ord. 2012-003] [Ord. 2012-027]

a.   Utility Allowance

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 information provided constitutes an amount less than the prescribed utility allowance, the value may be applied against the utility allowance and the remaining balance shall be credited to the WHP resident’s rent cost. [Ord. 2012-003]

2.   Master Covenant

Prior to issuance of the first building permit, 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 required WHP unit. [Ord. 2006-055] [Ord. 2010-005]

a.   For Sale Units

The Covenant shall include but not be limited to restrictions requiring: that all identified WHP units shall be sold, resold or rented only to low, moderate 1, moderate 2, or middle-income qualified households at an attainable housing cost for each of the targeted income ranges; 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 WHP. Every deed for sale of a WHP housing unit shall incorporate by reference the controlling Covenant. [Ord. 2006-055] [Ord. 2010-005]

b.   Rental Units

The Covenant shall include but not be limited to restrictions requiring: that all identified WHP units shall be rented only to low, moderate 1, moderate 2, or middle-income qualified households at an attainable housing cost for each of the targeted income ranges; that these restrictions remain in effect for a period of 30 years (non-recurring) 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 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 WHP. Every deed for a rental development with WHP housing units and every rental agreement for each WHP unit shall incorporate by reference the controlling Covenant. [Ord. 2010-005]

3.   Monitoring and Compliance

Prior to the sale, resale, or at the time of the rental of any WHP unit established pursuant to this program, the seller of a for-sale unit or the owner of a rental development shall provide the Planning Director, or designee, documentation sufficient to demonstrate compliance with the WHP. Such documentation shall include but not be limited to information regarding the identity and income of all occupants of the WHP unit. 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 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 WHP. [Ord. 2006-055] [Ord. 2010-005]

4.   Enforcement

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. 2006-055] [Ord. 2010-005]

5.   Release of Obligation to Construct WHP For-Sale Units

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 buyer has not been executed. It is intended that all WHP units will be marketed in the same manner as the market-rate units within a development. In the event a WHP unit eligible for contract: (i) has been available for purchase for a period not less than 180 days and no contract to purchase that unit has been executed during the 180 day period; and, (ii) is located within a development pod/phase in which not less than 80 percent of the for sale market rate units (i.e. non WHP units) have binding purchase contracts; then that specific WHP unit is eligible to be released from the WHP obligations indicated in the Covenant. [Ord. 2006-055] [Ord. 2010-005] [Ord. 2012-027]

a.   For Sale Units

When a WHP unit is not purchased in accordance with the provisions above, an In-Lieu cash payment shall be permitted as follows: [Ord. 2010-005]

Upon payment of the required In-Lieu cash payment, the WHP unit/lot 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/lot has been released, inclusive of release from the Covenant. The County shall utilize cash payments for the express purpose of providing down payment assistance to eligible households seeking to purchase WHP units. To the greatest extent possible, the down payment assistance provided by the County shall be utilized for the purchase of WHP units from the project from which the cash payment was provided. The payment shall be deposited in a WHP Trust Fund maintained by the PBC Department of HCD, and designated for the above referenced purpose. [Ord. 2010-005] [Ord. 2012-027]

1)   if the price differential between the required WHP unit and the contract price for the market rate unit is less than or equal to $20,000, then the In-Lieu cash payment shall be $10,000; [Ord. 2010-005]

2)   if the price differential between the required WHP unit and the contract price for the market rate unit is greater than $20,000 and less than $81,250, then the In-Lieu cash payment shall be one half (50 percent) of the difference; and, [Ord. 2010-005]

3)   if the price differential between the required WHP unit and the contract price for the market rate unit is greater than or equal to $81,250, then the In-Lieu cash payment shall be $40,750. [Ord. 2010-005]

The contract price of any for sale market rate unit shall be the base price of the unit and shall not include any lot premium and/or buyer purchased upgrades that are in addition to the base price of the unit. The Developer shall provide written notice to the Department of Planning, Zoning and Building requesting confirmation of the In-Lieu cash payment amount, which request shall include: a copy of the executed purchase contract between seller and purchaser denoting the purchase price of the unit, but shall not be required to submit any information relative to any lot premium and upgrades that are in addition to the base price of the unit; the project name, zoning control number, PCN, and address of the lot; and, the calculation as to the amount of the In-Lieu cash payment amount being requested. [Ord. 2010-005]

The County shall provide written confirmation to the Developer, within ten 10 business days of receipt, as to the County’s agreement/disagreement with the In-Lieu cash payment amount requested by the Developer. [Ord. 2010-005]

Upon payment of the required In-Lieu cash payment, the WHP unit/lot 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/lot has been released, inclusive of release from the Covenant. Units which are not required to be constructed pursuant to Art. 5.G.1.B.3, Income Ranges are not eligible for this reduced in-lieu payment. These units must provide in-lieu payment consistent with Art. 5.G.1.G.4, Option 4 – In Lieu Cash Payment. The County shall utilize cash payments for the express purpose of providing down payment assistance to eligible households seeking to purchase WHP units. To the greatest extent possible, the down payment assistance provided by the County shall be utilized for the purchase of WHP units from the project from which the cash payment was provided. The payment shall be deposited in a WHP Trust Fund maintained by the PBC Department of HCD, and designated for the above referenced purpose. [Ord. 2010-005]

b.   “Available for purchase” shall be defined as:

1)   written notice is provided to the Planning Director and the Department of Housing and Community Development and to a list of interested parties provided to the developer by the County that developer has a project approved which requires the construction of WHP units and the developer is ready to commence sales of the required WHP unit within the development. The written notice shall include the location of the subject property, the location of the sales office, the hours of the sales office, the floor plan and construction specifications for the WHP unit available for contract; and the pricing of the WHP unit available for contract; [Ord. 2010-005]

2)   developer shall include in the sales office displays and WHP unit promotional brochures produced as of and during the entire duration of the effective period as defined in Art. 5.G.1.I.5 Release of Obligation to Construct WHP For Sale Units, (i) and (ii) above, that certain units within the project are subject to the WHP provisions of Palm Beach County and are available for purchase for qualified households; [Ord. 2010-005]

3)   the inclusion of informational packets in the sales center for those interested in purchasing a WHP unit which provides the qualification standards, terms of the Covenant, where to go to get qualified, and other relevant information regarding the WHP units (note this packet to be provided by or approved by Palm Beach County prior to placement on the sales floor); [Ord. 2010-005]

4)   at the time WHP units become available for purchase the developer shall provide to the Palm Beach County Department of Planning, Zoning and Building proof of out-reach to local housing advocacy groups and others on the interested parties list. [Ord. 2010-005]

5)   the developer acts in good faith to market and sell the unit during the effective period as defined in Art. 5.G.1.I.5 Release of Obligation to Construct WHP For Sale Units, above. [Ord. 2010-005]

6.   Event of Default of for sale WHP unit following execution of binding contract:

In the event of default by the purchaser of a for sale WHP unit after execution of a binding contract and prior to closing, the developer shall be permitted to provide the In-Lieu cash payment (in the amount as determined using for formula outlined in Section 5.G.1.I.6. above) and shall be permitted to be released from the WHP obligations for the defaulted unit, inclusive of the release from the Covenant, upon the later of either of the two events having occurred: [Ord. 2010-005]

a.   the first inspection of the WHP unit subject to the default occurred not less than one hundred and eighty (180) days prior to the request to provide the In-Lieu cash payment; or [Ord. 2010-005]

b.   the WHP unit subject to the default is located within a development pod/phase in which not less than 80% of the for sale market rate units (i.e. non WHP units) have binding purchase contracts. The Developer shall provide written notice upon the event of default on a required WHP unit to the Palm Beach County Department of Planning, Zoning and Building, the Department of Housing and Community Development and to the list of interested parties indicating that: [Ord. 2010-005]

1)   a default occurred on a required WHP unit; [Ord. 2010-005]

2)   the specifics of the defaulted lot (WHP income category, location of the project, PCN for the WHP unit, WHP price of the unit, square footage of the unit, and floor plan of the unit); and, [Ord. 2010-005]

3)   that the unit remains available for purchase to an eligible WHP household until such time as an In-Lieu cash payment is made pursuant to the later of the two timing mechanism having been met. [Ord. 2010-005]

7.   Compatibility

The resulting development shall be compatible with surrounding residential land uses, as described herein. [Ord. 2005-002]

J.   Annual Report

The Executive Director of PZB shall submit an annual report to the BCC indicating the status of the WHP. [Ord. 2006-055]

Section 2         Affordable Housing Program (AHP)

A.   Purpose and Intent

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]

B.   Applicability

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 10 or more dwelling units with all units being built on site. This shall include the expansion of existing projects that add 10 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]

1.   Exemptions

Congregate living facilities (CLFs); and, nursing or convalescent facilities. [Ord. 2009-040]

2.   Limitation on Restrictions

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 thru LR-3			0 – 30% (3)
MR-5 thru 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 >30% shall be permitted subject to meeting the additional standards of Art. 5.G.1.H, Additional Requirements for >30% Density Bonus. [Ord. 2009-040]
3.	Percentages shall be rounded up to the nearest whole number. [Ord. 2009-040]
Affordability: A minimum of 65% of all units at 60% of AMI or below and a 20% maximum of all units at 30% and below AMI. [Ord. 2009-040]

 

C.   Design Requirements

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]

D.   AHP Incentives

All projects with 10 or more residential units shall be eligible for AHP Incentives. [Ord. 2009-040]

1.   Density Bonus

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]