(a)

Purpose. It is the purpose of this article to describe the requirements and procedures for determination of consistency of proposed development projects with the city comprehensive plan, including meeting the concurrency requirements of the plan.

(b)

Definitions.

Applicant means the owner of record, the agent pursuant to an agent's agreement acceptable to the city attorney of the mortgagor in the case of bankruptcy. For the purposes of adequate public school facilities, applicant shall mean approved agent or contract purchaser seeking a site-specific development order or any amendment thereto.

Capacity projects means, for the purposes of adequate public school facilities, new school construction, or any project that adds necessary improvements to accommodate additional permanent student stations or core facilities needed for the educational program of each type of school based on the requirements of state requirements for educational facilities.

Concurrency shall mean a condition where specified facilities and services have or will have the necessary capacity to meet the adopted level of service standards at the time of impact of the development project.

Concurrency service area (CSA) means the specific geographic unit within a school district in which school concurrency is applied and measured.

Concurrency service area level of service standards means the maximum acceptable percentage of school utilization, as identified in the school concurrency agreement, determined by dividing the total number of students for all schools of each type of school in each CSA by the total number of permanent student stations for that type of school.

Consistency means, for the purposes of adequate public school facilities, the condition of not being in conflict with and in furtherance of the goals, objectives, and policies of the comprehensive plan and the school concurrency agreement.

Core facilities means, for the purposes of adequate public school facilities, the media center, cafeteria, toilet facilities, and circulation space of an education plant.

Development shall have the meaning given it in F.S. § 380.04. Exceptions to F.S. § 380.04 shall include:

(1)

The demolition of a structure not connected to a development order; and

(2)

Clearing of land.

Development agreement means an agreement entered into between a local government and a person associated with the development of land, including but not limited to development agreements pursuant to F.S. § 163.3220, or an agreement on a development order issued pursuant to F.S. § 380.01 et seq.

Development order means any order granting, denying, or granting with conditions an application for development permit as defined in F.S. § 163.3164(7).

Development order means any order granting, denying, or granting with conditions an application for a development permit.

Florida Inventory of School Houses (FISH) means the report of the capacity of existing facilities. The FISH capacity is the number of students that may be housed in a facility (school) at any given time based on using a percentage of the number of existing satisfactory student stations and a designated size for each program. In the county, permanent capacity does not include the use of relocatables unless they meet the standards for long-term use pursuant to F.S. § 235.061.

Level of service (LOS) means an indicator of the extent or degree of service provided by, or proposed to be provided by a public facility or service based on and related to the operational characteristics of the public facility or service. For the purposes of adequate public school facilities, level of service shall mean the measure of the utilization, expressed as a percentage, which is the result of comparing the number of students enrolled in any school with the satisfactory student stations (FISH capacity) at a given location or within a designated area (i.e., a CSA); e.g., a facility with 1,000 students and a FISH capacity of 970, has a LOS of 103 percent, also referred to as the utilization of a facility.

Municipalities means a general-purpose local government entity created by the state legislature and governed by F.S. ch. 166. For the purposes of adequate public school facilities, municipalities means all municipalities in the county, except those that are exempt from participating in the school concurrency program, pursuant to F.S. § 163.3180.

Proposed new residential development means any application for residential development or amendment to a previously approved residential development that increases the number of housing units. This shall include any request for any approval of the type that establishes a density of development and which approves a site-specific development order on a specific parcel of property.

Public facilities means wastewater treatment facilities, solid waste facilities, drainage facilities, potable water facilities, road facilities, public school facilities, and recreation/open space facilities.

Residential development means a building, or many buildings or dwelling units, or portion of a building or land used primarily for human habitation and for the purposes of adequate public school facilities, it shall mean any development that is comprised in whole, or in part, of dwelling units for permanent human habitation.

School concurrency agreement means, for purposes of adequate public school facilities, the interlocal agreement among the county board of county commissioners, the municipalities of the county, and the county school board which was recorded in the Official Records Book 12272, Page 973, Public Records, Palm Beach County, Florida.

School district means the school district for the county created and existing pursuant to Section 4, Article IX of the State Constitution.

School District Five-Year Capital Facilities Plan means the School District of Palm Beach County Five-Year Work Plan and Capital Budget as authorized by F.S. § 235.185.

School District Six-Year Capital Improvement Plan means a table of expenditures and revenues detailing how the county school district shall achieve and maintain the LOS for public school facilities.

Site-specific development order means a development order issued by the city which establishes the density or maximum density, and which approves a specific plan of development on a lot or lots pursuant to an application by or on behalf of an owner or contract purchaser, including applications initiated by the city. It may apply to a lot or lots under single ownership or a group of lots under separate ownership. It shall apply to all parcels or lots in their entirety taken together of any subdivision. It includes site specific rezonings, special exceptions, conditional uses, special permits, master plan approvals, site plan approvals, plat approvals, building permits, and any "Development of Regional Impact" development order as defined in F.S. § 380.06. It may or may not authorize the actual commencement of development. Two or more development orders which individually do not constitute a site specific development order shall be considered a site-specific development order if when taken together, they meet the definition of a site-specific development order.

Type of school means schools in the same categories of education; i.e., elementary, middle, or high school.

Valid shall mean a development order or other authorization which was legally issued, was not issued by mistake, and that has not expired, lapsed or been abandoned, revoked, or cancelled; or is not subject to such passage of time or the conduct of the owner or developer, and on which or for which all conditions of approval are satisfied that must be satisfied by the terms or conditions of approval.

(c)

Concurrency process.

(1)

Generally. In order to ensure that adequate potable water, sanitary sewer, solid waste, drainage, public school facilities and park and road public facilities are available, concurrent with the impacts of development which occur on each public facility, the city shall establish the following development review process to ensure no development orders or site-specific development orders are issued unless there are public facilities available to serve the proposed development or that the development order is conditional on the availability of public facilities to serve the development concurrent with the impacts of development. Adequate facilities are determined by the level of service (LOS) standards as set forth in the adopted city comprehensive plan (see paragraph (d) hereinbelow). No development order or development permit shall be issued unless the proposed project or proposed new residential development has received a concurrency reservation certificate or a certificate of exemption.

(2)

Burden of showing compliance. The burden of showing compliance with these level of service requirements shall be upon the developer. Developers submitting applications for development approval shall provide sufficient information showing compliance with these standards. No application for development approval is considered complete until the infrastructure impacts are properly tabulated and submitted.

(3)

Exemptions. The following developments shall be exempt from the terms of this regulation:

a.

All development that has been certified as exempt as of May 1, 1990, as determined by the City Manager. A project shall be certified exempt if one of the following conditions has been met:

1.

A planned unit development or site plan that has received a valid development order prior to May 1, 1990.

2.

Projects that have commenced, have received a valid development order, but have not been completed as of May 1, 1990.

b.

Public facilities that are identified in the City of Atlantis Capital Improvement Element of the comprehensive plan.

c.

The replacement of an existing dwelling unit when no additional dwelling units are created.

d.

Exempted development orders. The following applications for development orders are exempted from the LOS for public school facilities:

1.

In the event termination or suspension of the school concurrency program occurs as set forth in the school concurrency agreement.

2.

Single-family lots of record, existing as such at the time this ordinance is adopted.

3.

Any residential development that received final approval of a site-specific development order prior to the commencement of the school concurrency program, as specified in article V, section A of the school concurrency agreement, or is exempt from concurrency under a local government's concurrency regulations is considered vested for that which was previously approved and shall not be considered as proposed new residential development for purposes of school concurrency. Any residential development which is exempt from school concurrency under the city's concurrency regulations shall not be considered as new residential development for purposes of school concurrency.

4.

Any new residential development that has filed a complete application for a site specific development order, or any amendment to any previously approved development order, pending prior to the commencement of the school concurrency program, as specified in article V, section A of the school concurrency agreement.

5.

Any residential development which is restricted to elderly and meets the requirements under the Federal Fair Housing Act to be designated as an adults-only community.

6.

Any amendment to any previously approved residential development which does not increase the density of the development.

7.

Any previously approved residential development or any other previously approved development with a residential component located within any existing transportation concurrency exception area, as defined in F.S. § 163.3180(5).

(4)

Types of Concurrency Actions. Three types of concurrency actions can be taken. They include:

a.

Concurrency exemption. As of May 1, 1990, the City Manager shall have identified all parcels of land that are exempt from the concurrency requirements of the plan.

b.

Concurrency reservation certificate. The concurrency reservation certificate is a certificate approved by the City Manager. This certificate constitutes proof that adequate public facilities exist to serve the proposed development. Once approved, the certificate shall be in effect as long as the development order for which the concurrency reservation certificate was approved, has not expired, and the development is not altered to increase the impact of development on public facilities.

c.

Conditional concurrency reservation. This concurrency status occurs at the time a determination is made that there is inadequate capacity available with regard to one of the public facilities, and the applicant has provided written notice that he will enter into negotiations with the provider to achieve adequate capacity (City of Atlantis's adopted level of service) of the particular facility. The applicant has three months to negotiate such an agreement with the provider. If no agreement is reached, then the applicant would no longer be entitled to having facility capacity reserved. The existing capacity that had been reserved for the applicant at the time of negotiations, would be released back into the system. If an agreement is reached between the applicant and the service provider, a concurrency reservation certificate shall be issued by the City Manager. The agreement then shall become a stipulated condition of the development order.

(5)

Intergovernmental coordination. There are public services that are provided to users within the city, e.g., sewer, solid waste, drainage. As part of the concurrency reservation application process, the applicant/developer shall seek adequate public facilities determination letters from the appropriate service providers. Standardized from letters shall be provided as part of the application package for those seeking a development order or a development permit. The adequate public facilities determination letters shall be submitted with all applications for development.

(6)

Public school concurrency procedures.

a.

At the time of and in conjunction with the application for an adequate public facilities review in accordance with the city's zoning code, the applicant for a proposed new residential development shall submit to the city a request for a school concurrency determination.

b.

The city shall review the application for completeness and require the applicant to submit the school concurrency application to the school district within ten days of finding the application complete. The applicable, nonrefundable application fee payable to the school district the in accordance with the fee schedule set by the school district shall accompany the application.

c.

The school concurrency application shall contain the following information; location of the development; the build-out time frame of the development; and the number, type, and size of all the residential units anticipated to be occupied each calendar year.

d.

The school district shall review the application in accordance with the provisions of article V, section F of the school concurrency agreement within 15 working days of receipt of the application.

e.

Once the school district has reviewed the application, it shall issue a letter of determination of concurrency if the impacts of the proposed development's student growth do not cause the adopted LOS to be exceeded. If the development is not in compliance, the letter of determination of concurrency shall detail why the development is not in compliance and shall offer the applicant the opportunity to enter into a 90-day negotiation period. During the 90-day negotiation period, the applicant shall meet with the school district in an effort to mitigate the impact from the development. Mitigation shall be limited to those options which the school district recognizes and assumes the responsibility to operate and which will maintain the adopted LOS standards for the first five years from receipt of the school district's letter of determination of concurrency; however, the city shall have the opportunity to review the mitigation options. If the school district and the developer agree to mitigation, the letter of determination of concurrency shall be issued, conditional approval upon the agreed mitigation measures, and an agreement between the school district and the developer. If mitigation is not agreed to, the letter of determination of concurrency shall be detailed why litigation proposals were rejected and detail why the proposed new residential development is not in compliance. In this case, no development order shall be issued.

f.

Letter of determination of school concurrency finding the development in compliance shall be valid for one year from the date of issuance unless extended by the school district. Once the city's site-specific development order is issued, the concurrency determination shall run with the development order.

(7)

Development order approval.

a.

No development order for a proposed new residential development shall be approved unless there is a valid letter of determination of concurrency from the school district finding the development in compliance.

b.

If the letter of determination of concurrency requires conditions or mitigation to be placed on the development, the development order issued by the city shall incorporate those conditions.

c.

If the letter of determination of concurrency requires the development to be phased to mitigation, the conditions of approval of the development order shall implement the phasing requirements by specifying that building permits application will not be accepted if the conditions are not fulfilled.

d.

In no case shall a development order be issued unless provisions are made through conditions of approval or by agreement between the developer and school district to provide performance security when required.

(8)

Appeals. Applicants seeking relief from school district decisions shall appeal such decisions as provided for by law.

(d)

LOS standards. The following level of service standards shall be used in determining concurrency adequacy:

(1)

Sanitary sewer. 92 gallons per capita per day.

(2)

Solid waste. 2.35 pounds per capita per day.

(3)

Drainage.

a.

Water quantity. Retention of first half-inch of runoff of a 25-year, three-day storm event as per South Florida Water Management District Permit Manual IV.

b.

Water quality. Wet detention of the greater of one inch of runoff from the developed project, or the total runoff from two and one-half times the impervious area of the project.

(4)

Potable water.

a.

Residential accounts—179 gallons/day.

b.

Commercial accounts—0.21 gallons/square foot/day.

(5)

Transportation. City-maintained facilities.

LOS "C" for average annual daily traffic conditions and for peak hour, peak season traffic conditions.

(6)

Recreation/open space.

(7)

LOS for public schools. The following definition and level of service (LOS) standards shall apply to the review of public school facilities component.

LOS for public schools means the following for public school facilities component: To ensure the capacity of schools is sufficient to support student growth at the adopted level of services for each year of the five-year planning period and through the long-term planning period for each concurrency service area ("CSA"), the school concurrency agreement established LOS as set forth below. The actual LOS for each type of school in each CSA shall be established each year in each CSA by the first student count of the second semester.

a.

Tiered levels of service shall be in force pursuant to the tiered level of service table in the public school facilities element until August 1, 2004. Individual schools of each type may exceed the tiered LOS during the period in which tiered LOS are in effect, provided that the CSA's tiered LOS is not exceeded. However, each individual school's LOS which exceeds the tiered LOS, during the time that the tiered LOS is in effect, shall not exceed the utilization standards for that school type as shown in the maximum utilization table of the public school facilities element. During the time that the tiered level of service standard is in effect, the school district shall initiate necessary program and/or boundary adjustments so that the tiered LOS is not exceeded in each CSA.

b.

After August 1, 2004, the following LOS standards shall be established for all schools of each type within each CSA and each individual school: (1) 110 percent of capacity (utilization) as determined by the Florida Inventory of School Houses (FISH); or (2) a higher LOS up to 120) percent of FISH capacity (utilization/LOS) for individual schools subject to the results of a school capacity study (SCS) undertaken by the technical advisory group (TAG), in consultation with all local governments with jurisdiction within the CSA and the school district to determine if a particular school can operate in excess of 110 percent capacity. The SCS shall be required if a school in the first student count of the second semester reaches 108 percent or above of FISH capacity, once the level of service above is achieved. If the SCS concludes that the school can operate within the FISH guidelines and not exceed 120 percent LOS, then that school shall be considered to operate within the adopted LOS and the CSA LOS shall be amended.

c.

School concurrency shall be measured and applied on the basis of 21 CSAs as described in the public school facilities element. In determining whether capacity is available, the school district shall consider any new capacity which will be in place or under actual construction in the first three years of the school district five-year capital facilities plan. In determining whether capacity is available, the school district shall consider adjacent CSA capacity as specified in the school concurrency agreement.

d.

These standards shall not apply to proposed new residential development until the commencement of the school concurrency program as specified in article V, section A of the agreement.

(Ord. No. 222, § 19, 7-18-90; Ord. No. 334, 1, 6-19-02)

(a)

Purpose and intent. The purpose of this section is to establish a method whereby the impacts of development on transportation facilities can be mitigated by the cooperative efforts of the public and private sectors, to be known as the Proportionate Fair-Share Program, as required by and in a manner consistent with F.S. § 163.3180(16).

(b)

Applicability. The Proportionate Fair-Share Program shall apply to all developments that fail to meet the standards of this Chapter and the City's Comprehensive Plan on a roadway within the City that is not the responsibility of Palm Beach County, the State Department of Transportation (FDOT) or another agency. The Proportionate Fair-Share Program does not apply to the following:

(1)

Collector and arterial roads which are not the responsibility of the city pursuant to section 1.3(4) of the Charter of Palm Beach County, Florida. However, a traffic concurrency letter from the county is required to be submitted by the applicant certifying compliance with the county-wide Traffic Performance Standards Ordinance adopted pursuant to the County Charter prior to the issuance of a development order by the city.

(2)

Developments of Regional Impact (DRIs) using proportionate fair-share under F.S. § 163.3180(12).

(3)

Projects exempted from this chapter by state law.

(4)

Projects that received traffic concurrency approval prior to December 1, 2006.

(5)

Individual single-family homes.

(6)

Vested projects.

(c)

General requirements. An applicant may choose to satisfy the LOS for transportation by making a proportionate fair-share contribution, so long as each of the following requirements are met:

(1)

The proposed development is consistent with the comprehensive plan and applicable land development regulations.

(2)

The road improvement necessary to maintain the LOS for transportation is identified in the five-year schedule of capital improvements in the CIE.

(3)

Any improvement project proposed to meet the developer's fair-share obligation shall meet the city's design standards for locally maintained roadways.

(d)

Intergovernmental coordination. Pursuant to policies in the intergovernmental coordination element of the comprehensive plan, the city shall coordinate with the county and other affected jurisdictions such as FDOT, regarding mitigation to impacted facilities not under the jurisdiction of the local government receiving the application for proportionate fair-share mitigation.

(e)

Application process.

(1)

In the event of a lack of capacity to maintain the LOS for transportation, the applicant shall have the opportunity to satisfy LOS for transportation requirements through the Proportionate Fair-Share Program subject to the requirements of subsection (c).

(2)

Prior to the submittal of an application, eligible applicants shall schedule a pre-application meeting with city staff. Subsequent to the pre-application meeting, eligible applicants shall submit a completed development application and all documentation requested by the city. The applicant shall be required to pay a reasonable fee for the cost of reviewing the application, said fee to be set by resolution of the City Council. If the impacted facility is on the Strategic Intermodal System (SIS), then FDOT will be notified and invited to participate in the pre-application meeting. The city shall also have the option of notifying and inviting Palm Beach County.

(3)

City staff shall review the application and certify that the application is sufficient and complete within 14 working days. If an application is determined to be insufficient, incomplete or inconsistent with the general requirements of the proportionate fair-share program as indicated in subsection (c), then the applicant will be notified in writing of the reasons for such deficiencies. If such deficiencies are not remedied by the applicant within 30 days of receipt of the written notification, then the application will be deemed withdrawn and all fees forfeited to the city, unless the city determines that the applicant is working toward a remedy of the stated deficiencies in good faith, in which case the city may extend the deadline as deemed appropriate by the city.

(4)

Pursuant to F.S. § 163.3180(16)(e), proposed proportionate fair-share mitigation for development impacts to facilities on the SIS requires the concurrency of the FDOT. The applicant shall submit evidence of an agreement between the applicant and the FDOT for inclusion in the proportionate fair-share agreement.

(5)

When an application is deemed sufficient and complete in accordance with subparagraph 3, above, the applicant shall be advised in writing and a proposed proportionate fair-share obligation and binding agreement prepared by the city shall be executed by the applicant and delivered to the appropriate parties for review, including a copy to the FDOT for any proposed proportionate fair-share mitigation on a SIS facility, no later than 60 days from the date at which the applicant received the notification of a sufficient and complete application. If the agreement is not received by the city within these 60 days, then the application will be deemed withdrawn and all fees forfeited to the city, unless the city determines that the applicant is working toward a remedy of the stated deficiencies in good faith, in which case the city may extend the deadline as deemed appropriate by the city.

(6)

No proportionate fair-share agreement will be effective until approved by the city through an administrative approval.

(f)

Determining proportionate fair-share obligation.

(1)

Proportionate fair-share mitigation for transportation LOS impacts may include, without limitation, separately or collectively, private funds, contributions of land, and construction and contribution of facilities.

(2)

A development eligible for participation under the proportionate fair-share program shall not be required to pay more than its proportionate fair-share. The fair market value of the proportionate fair-share mitigation for the impacted facilities shall not differ regardless of the method of mitigation.

(3)

The methodology used to calculate a development's proportionate fair-share obligation shall be as provided for in F.S. § 163.3180(12), as follows:

The cumulative number of trips from the proposed development expected to reach roadways during peak hours from the complete build out of a stage or phase being approved, divided by the change in the peak hour maximum service volume (MSV) of roadways resulting from construction of an improvement necessary to maintain the adopted LOS, multiplied by the construction cost, at the time of developer payment, of the improvement necessary to maintain the adopted LOS.

OR

Proportionate fair-share = Σ[[(Development Trips _{)/(SV Increase)] x Cost]}

Where:

(4)

For the purposes of determining proportionate fair-share obligations, the city engineer shall determine improvement costs based upon the actual and/or anticipated cost of the improvement in the year that construction will occur.

(5)

If an improvement is proposed by the applicant, then the value of the improvement shall be based on an engineer's certified cost estimate provided by the applicant and approved by the city engineer or by some other method approved by the city engineer.

(g)

Impact fee credit for proportionate fair-share mitigation.

(1)

Proportionate fair-share contributions shall be applied as a credit against road impact fees to the extent that all or a portion of the proportionate fair-share mitigation is used to address the same capital infrastructure improvements contemplated by road impact fees which may hereafter be established by the city.

(2)

The proportionate fair-share obligation is intended to mitigate the transportation impacts of a proposed project. As a result, any road impact fee credit based upon proportionate fair-share contributions for a proposed project cannot be transferred to any other project.

(h)

Proportionate fair-share agreements.

(1)

Upon execution of a proportionate fair-share agreement ("agreement"), the applicant shall receive a certification of concurrency reservation for capital road facilities. Should the applicant fail to apply for a development permit within 12 months, then the agreement shall be considered null and void, and the applicant shall be required to reapply, unless the city and the applicant mutually agree to an extension.

(2)

Payment of the proportionate fair-share contribution is due in full no later than issuance of the first building permit, and shall be non-refundable. If the payment is submitted more than 90 days from the date of execution of the agreement, then the proportionate fair-share cost shall be recalculated at the time of payment, pursuant to subsection (f) and adjusted accordingly.

(3)

In the event an agreement requires the applicant to pay or build 100 percent of one or more road improvements, all such improvements shall be commenced prior to issuance of a building permit and assured by a binding agreement that is accompanied by a performance security, as determined by the city, which is sufficient to ensure the completion of all required improvements.

(4)

Dedication of necessary rights-of-way for facility improvements pursuant to a proportionate fair-share agreement shall be completed prior to issuance of the first building permit.

(5)

Any requested change to a development subsequent to the issuance of a development order may be subject to additional proportionate fair-share contributions to the extent the change would generate additional traffic that would require additional mitigation.

(6)

Applicants may submit a letter to withdraw from the proportionate fair-share agreement at any time prior to the execution of the agreement. The application fee and any associated advertising costs paid to the city will be non-refundable.

(i)

Appropriation of fair-share revenues.

(1)

Proportionate fair-share revenues shall be placed in the appropriate project account for funding of scheduled improvements in the CIE, or as otherwise established in the terms of the proportionate fair-share agreement. Proportionate fair-share revenues may be used as the 50 percent local match for funding under the FDOT TRIP, or any other matching requirement for state and federal grant programs as may be allowed by law.

(2)

In the event a scheduled facility improvement is removed from the CIE, then the revenues collected for its construction may be applied toward the construction of another improvement within the city that would mitigate the impacts of development pursuant to the requirements of subsection (c).

(Ord. No. 391, § 2, 12-20-06)

Environmentally sensitive lands are ecological sites representing high quality native Florida ecosystems. The City of Atlantis is located in a portion of Palm Beach County that, based on studies completed for the background data and analysis portion of the Palm Beach County Comprehensive Plan, do not contain environmentally sensitive lands. The City of Atlantis therefore, will not require the type of protective measures associated with environmentally sensitive lands. However, vegetation protection measures are included in chapter 8.5, Landscaping and Tree Protection.

(Ord. No. 222, § 19, 7-18-90)

(a)

Intent. The regulations and requirements of this section are intended to minimize traffic congestion and facilitate vehicular safety by providing guidelines for the provision of off-street parking for all uses in all zoning districts of the City of Atlantis.

(b)

Applicability, material standards and maintenance. Off-street parking facilities shall be provided for all development within the city pursuant to the requirements of this section. All off-street parking facilities shall be maintained as long as the use exists that said facilities were designed to serve. Off-street parking facilities shall be paved with asphalt, concrete, paver block or similar impervious surface. Parking on grass, gravel or similar loose material in any zoning district is prohibited. Further, it shall be unlawful for the owners or occupants of buildings or structures associated with the off-street parking facilities to place on such parking facilities any furniture or other items that will obstruct or hinder the intended use of such parking facilities.

(c)

Computation for required number of off-street parking spaces.

(1)

When determination of the number of off-street spaces required by this section results in a fractional space, the fraction of one-half or less may be disregarded, and a fraction in excess of one-half shall be counted as one parking space.

(2)

In churches and other places of assembly in which those in attendance occupy benches, pews or other similar seating facilities, and/or which contains an open assembly area, the occupancy shall be based on the maximum occupancy rating given the building by the fire marshal.

(3)

Gross floor area shall be the sum of the gross horizontal area of all floors of a building, measured from the exterior faces of the exterior walls.

(d)

Parking regulations by zoning district. Minimum off-street parking and loading requirements are as follows:

(1)

District—R1AAA Single-Family Residential, R-1AA Single-Family Residential, R-1A Single-Family Residential, R-1 Single-Family Residential and R-1B Single-Family Residential.

a.

Single-family residences. Two covered spaces for each dwelling unit.

(2)

District—R-2 Multiple-Family Residential.

a.

Single-family residences. Two covered spaces for each dwelling unit.

b.

Multiple-family residences. One covered space for each dwelling unit plus one uncovered space for each two dwelling units. Parking for multifamily residences may be located in the required front or rear setback areas.

(3)

District—R-3 Multiple-Family Residential.

a.

Multiple-family residences. One covered space for each dwelling unit plus one uncovered space for each two dwelling units. Parking for multifamily residences may be located in the required front or rear setback areas.

b.

Hotels and motels. One and one-half spaces for each dwelling unit.

(4)

District—C-1A Limited Commercial District.

a.

Hotels and motels. One and one-half spaces for each unit.

b.

Retail stores, personal services. One space for each 150 square feet of area used for retail sales or personal services.

c.

All others. One space for each 200 square feet of indoor area.

d.

Loading berths. A minimum of one loading berth or other space shall be provided for standing, loading and unloading operations either inside or outside of building for all business and commercial personal services, theaters, banks and similar establishments.

(5)

District—CG Commercial General District.

a.

Hotels. One and one-half spaces for each unit.

b.

Retail stores, personal services. One space for each 150 square feet of area used for retail sales or personal services.

c.

Self-service storage facilities: One space per 200 bays, plus one space per employee on maximum shift.

d.

All others. One space for each 200 square feet of indoor area.

e.

Loading berths. A minimum of one loading berth or other space shall be provided for standing, loading and unloading operations either inside or outside of building for all commercial uses.

(6)

District—O Commercial Office District.

a.

One space for each 200 square feet of indoor area.

b.

A minimum of one loading berth or other space shall be provided for standing, loading, and unloading operations, either inside or outside of a building for all banks and similar establishments.

(7)

District—H-D Hospital District.

a.

Hospital. Minimum of two parking spaces for each hospital bed.

b.

All other uses. One space for each 200 square feet of indoor area.

c.

A minimum of one loading berth or other space shall be provided for standing, loading or unloading operations, either inside or outside of building for all establishments.

(8)

Reserved.

(e)

Restriction on overnight/extended parking. Off-street non-residential parking facilities as required under this section shall not be used for the storage of vehicles or for parking, including overnight parking, of vehicles, unless the non-residential use of the property requires overnight parking (e.g. hospital use). Additionally, a property owner may not permit third parties to use the property owner's parking facilities or vacant land for any type of parking or storage of vehicles.

(f)

Restriction on leasing/rental of parking capacity. Off-street parking facilities as required under this section shall not be leased or rented for its parking capacity for any length of time.

(Ord. No. 222, § 19, 7-18-90; Ord. No. 234, § 3, 6-17-92; Ord. No. 322, § 4, 8-15-01; Ord. No. 429, § 3, 3-25-15; Ord. No. 449, § 7, 12-20-17; Ord. No. 454, § 3, 1-15-20)

Applications for variance from the regulations specified in this article are provided for through the process described in this chapter.

(Ord. No. 222, § 19, 7-18-90)

Medical marijuana treatment center dispensing facilities prohibited. Medical marijuana treatment center dispensing facilities shall be prohibited within the city in accordance with F.S. § 381.986.

(Ord. No. 449, § 8, 12-20-17)

(a)

Purpose and intent. Given the city's close proximity to the Palm Beach County Park Airport (Lantana), F.S. Chapter 333, requires the city to adopt zoning regulations, which regulate buildings, structures and uses of land within the city in order to prevent the creation or establishment of airport hazard areas and land uses that are incompatible to the airport. The city's airport zoning regulations are intended to protect the public health, safety and welfare; promote the maximum safety of aircraft arriving at and departing from the Airport; provide building and structure height standards for airport hazards and uses within the airport's primary, horizontal, conical, approach and transitional surfaces so as to encourage and promote compatible development of land beneath said areas; to prevent encroachment into the airport operation area or the FAA, Title 14, CFR, Part 77, airspace surfaces; to prevent incompatible uses of land from being established within the airport vicinity; and to provide administrative procedures to ensure that all development proposals comply with these standards.

(b)

Applicability. This section regulates height and land uses within the city. The height standards for structures provide a review procedure to determine if such structures will have an adverse impact on safe and efficient airspace use. The land use standards provide restrictions and a review procedure to determine if the land use is compatible with normal airport operation and Federal Aviation Administration (FAA) guidelines. The land use standards limit uses which include, but are not limited to, emissions of light or smoke, or uses which attract concentrations of people or birds (e.g., concert venues, landfills). Where there exists a conflict between any of the regulations or limitations in this section and any other regulations applicable to the same area, the more stringent limitation or requirement shall govern and prevail.

(c)

Obstructions.

(1)

Definitions. For purposes of this section, the following terms shall mean:

Obstruction shall mean any existing or proposed permanent or temporary object, natural growth, terrain, structure, construction or alteration, or adding height to any existing structure that exceeds the federal obstruction standards contained in 14 C.F.R. Part 77, subpart C, and shall include, but not be limited to, buildings, towers, smoke stacks, utility poles, power generation equipment, antennas, overhead transmission lines, derricks, draglines, cranes and other boom-equipped machinery. Obstruction does not include any development which does not have the effect of adding height to the land or other structure, such as paving, draining or roofing.

Airport hazard shall mean an obstruction to air navigation which affects the safe and efficient use of navigable airspace or the operation of planned or existing air navigation and communication facilities.

(2)

Permit for obstruction required. Any obstruction, which is or would be a hazard to air navigation, or which is of a height greater than 75 feet above ground level, shall be required to obtain a permit for obstruction from the city. Such permit for obstruction shall be obtained by the applicant prior to the city's issuance of a building permit or other development order for the proposed project.

(3)

Permit for obstruction review. An application for a permit for obstruction must comply with the following standards:

a.

FAA Review. The applicant shall have its application reviewed by the FAA to determine if the application exceeds obstruction standards and would be a hazard to air navigation pursuant to Title 14, CFR, Part 77. The applicant shall provide documentation to the city showing compliance with the federal requirement for notification of proposed construction or alteration of structures and a valid aeronautical study. The city shall not approve a building permit or other development order until FAA findings of aeronautical affect are complete, and the city's permit for obstruction has been issued.

i.

Structure(s) not exceeding obstruction standards and not constituting hazard to air navigation. If the FAA determines that the proposed structure, construction or alteration does not exceed obstruction standards and would not be a hazard to air navigation, then the city may issue the permit for obstruction. The City shall incorporate FAA conditions of approval, if any, into its permit for obstruction.

ii.

Structure(s) exceeding obstruction standards and/or constituting hazard to air navigation. If the FAA determines that the proposed structure, construction or alteration exceeds obstruction standards and/or constitutes a hazard to air navigation, then the city shall deny the permit for obstruction. Any notice of denial shall state the reasons for denial and inform the applicant that they may appeal the decision pursuant to the requirements below.

b.

FDOT and Palm Beach County review. The applicant shall have its application for a permit for obstruction reviewed by the FDOT aviation office for compliance with F.S. § 333.025. Following receipt of a complete application, the city shall provide a copy of the application to the FDOT aviation office for their review and evaluation. The city also may require the applicant have its application for a permit for obstruction reviewed by the Palm Beach County Department of Airports for compliance with Article 16 of the Palm Beach County Unified Land Development Code. The city shall not approve a building permit or other development order until the FDOT review and County review, if applicable, are complete, and the city's permit for obstruction has been issued. The city shall consider all comments and conditions of approval received by the FDOT and Palm Beach County prior to approving or denying the permit for obstruction. The city may deny a permit for obstruction if the applicant fails to address FDOT and Palm Beach County comments and conditions of approval to the satisfaction of the city. Any notice of denial shall state the reasons for denial and inform the applicant that they may appeal the decision pursuant to the requirements below.

c.

City review. Following receipt of the FAA finding of aeronautical affect, if required, the city shall consider the criteria contained in F.S. § 333.025(6), as amended from time to time, when determining whether to approve, with or without conditions, or deny a development application or building permit. The city may rely on FDOT or Palm Beach County's review and consideration of the criteria contained in F.S. § 333.025(6), as amended from time to time, in determining whether to approve, deny or condition a development application or building permit.

(4)

Obstruction marking and lighting. The owner of the obstruction shall mark and light the structure in accordance with the provisions of F.S. Chapter 333; Rules of Florida Department of Transportation, Chapter 14-60 and the FAA Advisory Circular 70/7460H, Obstruction marking or lighting, as may be amended from time to time. The permit shall require the applicant to mark and light the structure, at applicant's own expense.

(d)

Airport land use compatibility.

(1)

Properties located within the RPZ. All new construction or reconstruction of temporary or permanent uses located within the Runway Protection Zone (RPZ) for the Palm Beach County Park Airport (Lantana) shall comply with the Palm Beach County Off-Airport Land Use Compatibility Schedule (Article 16 of PBC ULDC, Appendix 8). Only the portion of the lot falling with the RPZ shall be subject to these restrictions. The applicant shall have its application for a permit of other development order or request for zoning confirmation reviewed by the Palm Beach County Department of Airports for compliance prior to the city's issuance of the permit, development order, or zoning confirmation. The city shall consider all comments and conditions of approval received by Palm Beach County prior to approving or denying the permit, development order, or zoning confirmation. The city may deny a permit, development order or zoning confirmation if the applicant fails to address any Palm Beach County comments or conditions of approval to the satisfaction of the city. Any notice of denial shall state the reasons for denial and inform the applicant that they may appeal the decision pursuant to the requirements below.

(2)

Properties not located within the RPZ. For all properties within the city that are located outside of the Runway Protection Zone (RPZ) for the Palm Beach County Park Airport (Lantana) the following land uses shall be prohibited due to their incompatibility and interference with airport operations: landfills, outdoor entertainment venues (e.g., spectator facilities, outdoor concert venues), bed and breakfasts, and drive-in theaters. Additionally, no new daycare facility or public or private education facility as defined by F.S. § 333.01, shall be permitted at either end of a runway within an area that extends five statute miles in a direct line along the centerline of the runway and which has a width of the length of ½ the runway. Nothing herein shall be construed to require the removal alteration, or other change, or to interfere with the continued use or expansion of any daycare facility or education facility in existence, or real property in use as of December 20, 2017.

(3)

Additional land use regulations. All temporary and permanent uses within the city shall comply with the following provisions:

a.

Lights and illuminations. All lights or illumination used in conjunction with streets, parking, signs or use of land and structures shall be arranged and operated in such manner that is not misleading or dangerous to aircraft operating from or to a public airport or in vicinity thereof.

b.

Electronic devices. No application, use, or operations of any type shall produce electronic interference with navigation signals or radio communication between aircraft, airport towers, or other air traffic control facility.

c.

Obscuration and emissions. No operations of any type shall produce smoke, glare or other obscuration that would obstruct vision within three statute miles of any usable runway of a public airport.

d.

Bird attractions. No use of any type shall be permitted that attracts or sustains hazardous bird movements, feeding, water or roosting areas into or across an airport's runway approach and departure pattern (e.g., landfills, certain crops).

(e)

Compliance with all city codes. Nothing herein shall be construed to allow an applicant to construct, operate or maintain a use, building or structure in the city that violates the city's code of ordinances, or is constructed, operated or maintained without first obtaining all required development approvals and building permits.

(f)

Enforcement. Failure to comply with the requirements of this section or any permit or approval granted or authorized hereunder shall constitute a violation of this code. The city may issue a cease and desist order, suspend or revoke a permit or other approval, withhold a certificate of occupancy, bring a code enforcement action against the violator in accordance with F.S. Chapter 162, and Chapter 2 of the City Code, or pursue any other remedy available at law or in equity in order to fully enforce the provisions of this section.

(g)

Appeals. The board of adjustment is hereby authorized to hear and decide appeals of final decisions by the administrative official. Such appeals shall comply with the requirements of section 15-9(c) of the City Code of Ordinances. Any aggrieved party, including the city, may appeal an order of the board of adjustment to the circuit court in the Fifteenth Judicial Circuit in and for Palm Beach County. Such appeal shall not be a hearing de novo, but shall be a petition for Writ of Certiorari and the Court shall be limited to appellate review of the record created before the board of adjustment. The city may assess a reasonable fee for the preparation of the record to be paid by the petitioner in accordance with F.S. § 119.07, as amended from time to time.

(Ord. No. 449, § 9, 12-20-17)

(a)

Scope. All uses and activities permitted as of right, special exceptions, or special permits in any district shall conform to the standards described below and shall be constructed, maintained, and operated so as not to be injurious or offensive to the occupants of adjacent premises by reason of the emission or creation of noise, vibration, smoke, dust or other particulate matter, toxic or noxious waste materials, odors, fire and explosive hazard, or glare; so as not to allow any non-permitted use to occur on the property; and/or so as to be operated in such a manner as will allow for the continuation of essential services during times of emergencies due to events such as hurricanes or other natural disasters.

(b)

Vibration. No use shall be operated so as to produce ground vibration noticeable without instruments at the lot line of the premises on which the use is located.

(c)

Smoke, emissions and other particulate matter.

(1)

No use or activity shall be operated except in full compliance with the requirements, regulations and prohibitions against air pollution as provided in the statutes and laws of the State of Florida and ordinances of the city.

(2)

In all districts, every use shall be so operated as to prevent the emission of smoke from any source whatever to a density greater than described as Number 1 on the Ringlemann Smoke Chart provided, however, that smoke equal to but not in excess of that shade of appearance described as Number 2 on the Ringlemann Chart may be emitted for a period or periods totalling three minutes in any 30 minutes. For the purpose of grading the density of smoke, the Ringlemann Chart as published and used by the United States Bureau of Mines, and which is hereby made by reference a part of these regulations, shall be the standard. All measurements shall be at the point of emission.

Every use shall be so operated as to prevent the emission into the air of dust or other solid matter which may cause danger to property and the health of persons or animals at or beyond the lot line of the premises on which the use is located.

(d)

Odors. No use shall be operated so as to produce the emission of objectionable or offensive odors in such concentration as to be readily perceptible at any point at or beyond the lot line of the property on which the use is located. Table III, Chapter 5, Air Pollution Abatement Manual of the Manufacturing Chemists' Association, Inc., Washington, D.C., is hereby adopted as a guide in determining the quantities of offensive odors as are the guides and standards contained in the prohibitions against air pollution of the state department of environmental protection.

(e)

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 concentration as to be detrimental to or endanger the public health, safety, comfort or general welfare or cause injury or damage to persons, property, the use of property or land, or to 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.

(f)

Radiation. Any operation involving radiation, i.e., the use of gamma rays, X-rays, alpha and beta particles, high-speed electrons, neutrons, protons and other atomic or nuclear particles shall be permitted only in accordance with the codes, rules and regulations of the state department of health and state department of environmental protection.

(g)

Electromagnetic radiation and interference.

(1)

Radiation. No use shall be operated which produces any planned or unplanned source of electromagnetic radiation that does not comply with the current regulations of the Federal Communications Commission regarding such sources of electromagnetic radiation. However, any use or operation otherwise in compliance with current Federal Communications Commission regulations shall still constitute a violation of this section if such use or operation emits electromagnetic radiation that causes an abnormal degradation of performance of any electromagnetic receptor of quality and proper design. The determination of abnormal degradation in performance and of quality and proper design shall be made in accordance with good engineering principles and standards of the Institute of Electrical and Electronics Engineers and the Electronic Industries Alliance.

(2)

Interference. No use, activity or process shall be conducted which produces electromagnetic interference with normal radio or television reception in any district.

(h)

Humidity, heat or glare.

(1)

In all districts, any activity producing heat or glare shall be carried on in such a manner that such heat or glare is not perceptible at any lot line.

(2)

Exposed sources of light, including bare bulbs and tubes and immediately adjacent reflecting surfaces, shall be shielded so as not to create a nuisance across lot lines.

The light intensity from illumination of any kind shall not exceed 50 footlamberts at any point along the line of the lot containing the light source.

(Ord. No. 469, § 4, 3-16-22)