It is the purpose and intent of these regulations that the planned unit development (PUD) concept be used to promote economical and efficient land use, improved level of amenities, appropriate and harmonious variety in physical development, creative design, improved living environments, orderly and economical development in the city, and the protection of existing and future city development. Regulations for PUDs are intended to accomplish this through a unified development, versus on a lot-by-lot, approach. Under the PUD process, land development is planned as an entity under a master development plan, dwelling units are grouped into pods, while overall density of the site remains constant, greater amounts of land are allocated for open space, a mixture and variety of housing types and land use are provided for, and useful natural elements are preserved. It is the intent of these regulations to promote and encourage development in this form where tracts suitable in size, location and character for the uses and structures proposed that can be planned and developed as a unified project.

(Ord. No. 00-05, § 1, 11-20-00)

(1)

A planned unit development is permissible as a special exception in the RL, RM and RH districts subject to the findings in section 16-173, et seq. and any other conditions negotiated between the developer and the city.

(2)

The planned unit development must conform to the density of the zoning district in which it is located. In addition, the PUD must be consistent with the City's Comprehensive Plan and be platted in accordance with procedures of the city's subdivision regulations.

(Ord. No. 00-05, § 1, 11-20-00; Ord. No. 2012-16, § 4, 10-15-12)

_____

The allowable land use mix in a PUD is shown in Table 16-773:

Lesser areas than those set out in Table 16-773 may be approved for a PUD by the planning and zoning board of appeals upon a finding that particular circumstances justify such a reduction in accordance with section 16-106.

(Ord. No. 00-05, § 1, 11-20-00; Ord. No. 2006-02, § 1, 2-21-06; Ord. No. 2021-016, § 2, 12-13-21)

(1)

In a PUD, all permitted uses within the applicable zoning district are allowed. Table 16-774 shows the permitted housing types within the various zoning districts.

(2)

All special exception uses within the applicable zoning district are permissible upon separate review and approval by the city council.

(3)

Commercial uses within a PUD are limited to permitted uses found in the Commercial Neighborhood (CN) zoning district. Commercial uses located in a PUD are primarily intended to serve the needs of the PUD and not specifically the needs of the surrounding area. Areas designated for commercial activity shall be oriented towards the interior of the project and not front onto exterior or perimeter streets, but be centrally located within the project to serve the residents of the PUD.

(Ord. No. 00-05, § 1, 11-20-00)

_____

(1)

All land, structures, and uses included within a PUD shall be under the legal control of the applicant, whether the applicant is an individual, partnership or corporation or group of individuals, partnerships or corporations. The applicant shall agree to:

(A)

Proceed with the proposed development according to the provisions of this chapter and such conditions as may be attached to the special exception for the PUD;

(B)

Provide agreements, contracts, deed restrictions, sureties, and home owner association documents acceptable to city council for completion of the development according to the approved plans and operation and maintenance of such privately-owned areas, functions and facilities; and

(C)

Bind their successors in title to any commitments made under subsections (A) and (B) as shown above.

(2)

No PUD shall be approved without a certification by the city attorney that such agreements, evidence of unified control, and home owner association documents meet the requirements of this chapter.

(3)

The Unity of Title and Control shall be maintained in perpetuity. The removal of any portion of land from the unity of title and control, or changes to the home owner association documents that conflict with the provisions of this chapter and the PUD approval, shall be deemed a violation which renders the PUD approval null and void.

(Ord. No. 00-05, § 1, 11-20-00)

All PUD applications shall require the same materials as all other special exceptions, as well as the following items:

(1)

Prior to submitting an application for PUD approval, a pre-application conference with the city is required. The purpose of this conference is to provide the applicant with all applicable information concerning application and procedural requirements.

(2)

In addition to the information required in section 16-171 et seq. for development concept plans, a master development plan shall also be submitted containing the following:

(A)

Locations, total acreages, densities/intensities, and percentages of each component of the different uses proposed by dwelling types, open space designations, recreational facilities, commercial uses and other permitted uses, and off-street parking and loading locations.

(B)

Vehicular access points and traffic flow, showing how vehicular traffic will be separated from pedestrian and bicycle traffic.

(C)

Landscape plan showing landscape buffers and typical unit planting schemes for all property within the PUD.

(D)

Conceptual engineering plans showing potable water and sewer systems, as well as paving and drainage plans.

(E)

Architectural drawings and floor plans for all models indicating the number of residential units by type per pod, the number of stories, and which units would be owner occupied and those to be renter occupied.

(F)

Evidence of unified control of the entire area within the PUD with all owners within the area of same identified (See section 16-775).

(G)

Justification statement for the proposed development clearly indicating how approval of the PUD will benefit the future occupants of the proposed development, and the city in general. Such justification shall be based on the intent of the planned unit development.

(H)

Statements indicating how maintenance and ownership of common facilities will be maintained relative to the Unity of Title and Control requirement.

(I)

Phasing schedule of development, including:

1.

Areas to be developed, in order of priority.

2.

Construction of streets, utilities, and other land development improvements.

3.

The dedication of land to public use.

4.

Park and recreational facilities.

(3)

In addition to the above items, the applicant shall provide a certified list of all property owners, mailing address and legal description of all property within three hundred (300) feet of the subject parcel, as recorded in the latest official tax roll in the county courthouse, accompanied by a notarized affidavit that to the best of the applicant's knowledge, that this list is complete and accurate.

(4)

The city may also require additional material in order to make the necessary findings and determinations that all applicable standards and guidelines have been complied with.

(Ord. No. 00-05, § 1, 11-20-00)

(1)

After a public hearing, the planning and zoning board of appeals may recommend to the city council that the PUD request may be granted subject to conditions, or disapproved. The planning and zoning board of appeals shall be guided by the finding of facts listed in section 16-173 and this division. Additionally, the planning and zoning board of appeals, in making its recommendation shall determine if compliance has been achieved by the applicant for the following items:

(A)

The requirements of unified control set forth in section 16-775;

(B)

The standards and criteria set forth in sections 16-777 through 16-784;

(C)

The proposed PUD is consistent with the city's Comprehensive Plan, and that the site is compatible with adjacent properties;

(D)

That the increased open space over conventional development is provided for the occupants of the proposed PUD and the general public, and that desirable natural features indigenous to the site are preserved on site.

(2)

All terms, conditions, safeguards and stipulations made at the time of approval for PUD shall be binding upon the applicant or any successors in interest. Deviations from approved plans or failures to comply with any requirement, condition or safeguard shall constitute a violation of this division and this chapter.

(3)

Subsequent to the special exception approval for the PUD, each residential, recreational, civic, or commercial pod shall be required to obtain both site and development plan and final plat approval prior to commencing land development activities on the subject site.

(Ord. No. 00-05, § 1, 11-20-00; Ord. No. 2021-016, § 2, 12-13-21)

In reaching recommendation and decisions as to approval of a special exception for any proposed PUD, the planning and zoning board of appeals and city council shall consider the following standards:

(1)

Site access. A PUD shall only provide direct access onto arterial, collector or suitable local streets. Whenever possible, the PUD shall provide more than one access point and the access points shall be located to promote an interconnected street network and a variety of possible travel routes.

(2)

Levels of service. PUDs shall be designed so as to maintain all applicable levels of service (LOS) standards for transportation, mass transit, public education, potable water, sanitary sewer services, storm and surface drainage systems, solid waste, and any other utilities systems that are required to support the future residents of the PUD, as well as other local area residents. The developer shall provide confirmation that the proposed master development plan will provide all necessary storm drainage, highway and street access, paved streets, parking facilities, fire hydrants and street lighting making reasonable provision for service and access with adjoining properties under other ownerships, in manner that is acceptable to the facility's controlling entity or agency. Further, where existing streets or traffic-control devices are affected by the development, the developer shall provide the necessary changes or additions as may be required by the city or Palm Beach County.

(3)

Commercial uses. All commercial uses to be located as part of a PUD must show that the proposed use is compatible with the residential portions of the PUD, as well as adjacent properties. Commercial pods shall be consistent with the provisions of section 16-780, landscaping and buffering, compatibility with adjacent land uses, and unified site design.

(4)

Landscaping. Landscaping shall be provided through a unified landscaping theme consistent with the provisions of Article VII (Landscaping).

(5)

Internal streets. Every dwelling unit or other use permitted in a PUD, shall have access to a public street, either directly or via approved private roads dedicated for public or private use guaranteeing access in order to facilitate interconnectivity with all internal and adjacent land uses.

(A)

The right-of-way and pavement width for roadways shall be in accordance with City Code section 12-67, Streets and Parking Areas. Vehicular accessway and parking aisle requirements shall be in compliance with the provisions of Article VIII (Off-Street Parking and Loading).

(B)

Dedicated streets and roadways shall be subject to all design criteria of the state, county, or city dependent upon which jurisdiction maintains control of the roadway.

(C)

All internal roadways and vehicular accessways shall provide sidewalks to facilitate pedestrian movement from each unit to all areas of the PUD consistent with the provisions of this division and with the provisions of Chapter 12 of the City Code, the city's subdivision and land development regulations.

(D)

Street trees which are consistent with the provisions of Article VII (Landscaping), shall be planted within all platted rights-of-way spaced no less than fifty (50) feet on center.

(E)

Street lights shall be provided on all vehicular access areas consistent with the lighting levels as provided in section 16-1335(15) (Lighting).

(6)

Utilities. Within a PUD, all utilities (sewer, water, telephone, television cable and electrical systems) shall be installed underground. Appurtenances to these systems which require aboveground installation must be effectively screened from view.

(7)

Off-street parking and loading requirements. All planned unit developments shall comply with the applicable parking provisions found in Article VIII (Off-street Parking).

(8)

Dedication and construction of public rights-of-way. All roadways, public and private, shall be constructed according to the provisions of the city's subdivision regulations. Additionally, the city council may require a time schedule and appropriate surety for the dedication and construction of public rights-of-way at time of need within and surrounding the proposed PUD. A contract between the developer and the city shall be signed in accordance with the city's subdivision regulations for the purpose of ensuring the construction of the above mentioned improvements.

(9)

Storm drainage. Storm drainage shall be in accordance with City Code Section 12-58, Drainage.

(10)

Elevation of structures. All structures shall be constructed with a finished floor elevation which is consistent with the requirements of the South Florida Water Management District.

(11)

Recreation facilities. These facilities shall be distributed proportionally throughout the PUD, and shall be accessible to vehicular, bicycle, and pedestrian traffic for all the residents of the PUD. A covered and air-conditioned community meeting and recreation space shall be provided; the space shall contain a minimum area of 8.5 square feet per dwelling unit.

(12)

Signage. All signage shall be consistent with the provisions of Article VI (Signage).

(13)

Garbage and refuse containers. All garbage and refuse containers shall be supplied through an entity which has a valid franchise agreement with the city.

_____

(14)

Perimeter buffers. Perimeter buffers consistent with Table 16-778 shall be incorporated around all pods of the PUD for the purposes of providing landscaping and buffering.

Notes:

^1.  Specific requirements for each buffer type are located in Article VII (Landscaping).

^2.  Buffers shall be provided around all perimeters of a commercial pod.

(15)

Open space requirements. Open space shall comprise a minimum of thirty (30) percent of the total gross acreage of the PUD for single family developments, and a minimum of forty (40) percent of the total gross acreage of the PUD for multi-family and mixed single and multi-family developments. Open space must be common property, accessible to the residents of the PUD, useable, and reasonably contiguous. Open space may include active and passive recreation areas; landscape buffers; water managements areas; civic pods, and grassed portions of rights-of-way.

(A)

Roadways, driveways, parking areas, and private building pads shall not be considered as open space.

(B)

In computing open space for multi-family, and mixed single and multi-family developments, the developer may be given credit for privately-owned water bodies not to exceed twenty-five (25) percent of the total required open space.

(C)

Land designated as open space will be restricted by an appropriate legal instrument satisfactory to the city attorney as open space in perpetually. This instrument shall be 1.) in a recordable form, 2.) binding upon the developer, its successors, and assigns, and 3.) constitute a covenant running with the land.

(Ord. No. 00-05, § 1, 11-20-00; Ord. No. 2006-02, § 1, 2-21-06; Ord. No. 2012-16, § 4, 10-15-12; Ord. No. 2013-05, § 1, 1-6-14; Ord. No. 2021-016, § 2, 12-13-21)

The internal standards for all residential portions of the PUD are shown in Table 16-779:

Notes:

¹  No multi-family structures may be constructed within 100 feet of any single-family detached dwelling.

²  SFR = Single Family Residential (Traditional), ZLL = Zero Lot-Line Residential, Multi-Family = Two-Family; Townhouse; Condominium & Apartment Dwellings.

(Ord. No. 00-05, § 1, 11-20-00; Ord. No. 2006-02, § 1, 2-21-06)

In a commercial pod, all permitted uses within the Commercial Neighborhood (CN) zoning district are allowed. All special exceptions within the CN zoning district are permissible upon separate review by the city council. Commercial pods within a PUD retain the underlying zoning of the district in which the PUD is located.

(1)

Commercial pods will be designed to allow the residents of the PUD pedestrian, bicycle, and vehicular access to the commercial pod without utilizing major roadways. In addition, all commercial uses must incorporate similar architectural features, colors, building materials, and landscaping as the residential portions of the PUD.

(2)

All commercial pods shall incorporate landscape buffers which are consistent with the provisions of Article VII (Landscaping).

(3)

Commercial development shall be required to participate in the city's Tree Dedication Program (section 16-1293).

(Ord. No. 00-05, § 1, 11-20-00)

(1)

In order to provide for additional flexibility in site design which clearly demonstrates an enhancement to the quality of life for the residents of the community through the provision of superior quality site design and amenities above those required by this Code, applications for PUDs may utilize the following standards shown in Table 16-781.

(2)

All requests to use these flexible regulations shall require a justification statement and exhibits which clearly demonstrates how the request will significantly enhance the quality of life for the residents of the PUD through the provision of recreational, social, or civic amenities, and high-quality site design. Justification for allowing the use of flexible regulations must demonstrate that the proposed development will exceed the minimum standards for a PUD by addressing, at a minimum, the following:

(A)

The preservation of natural areas to minimize adverse impacts on the environment;

(B)

Site design and land use mixes that encourage traditional neighborhood development principles;

(C)

Perimeter and internal landscaping schemes which exceed minimum standards by no less than twenty (20) percent in order to enhance visual aesthetics and encourage pedestrian movement and interaction;

(D)

The use of architectural features and designs that will include front porches, concrete roof tiles, and paver bricks;

(E)

The provision of functional open or community spaces within close proximity to all residential areas;

(F)

The use of decorative street lighting and other street furniture.

(G)

The provision of a central recreation facility including a clubhouse which is adequately sized to accommodate community-based functions.

(3)

PUD applications requesting the use of these deviations will need to demonstrate that the inclusion of superior quality amenities and site design improvements above and beyond the minimum standards for a PUD, is directly proportional to the number of site development deviations being requested.

(Ord. No. 00-05, § 1, 11-20-00)

Future parks and recreational facilities and governmental service areas shall be provided by future land development within the corporate limits of the city. These recreational and governmental service areas shall be dedicated to the public pursuant to the provisions of Chapter 12, Article IV, of the city's subdivision and land development regulations. In general, these standards require the provision of five (5) acres/one thousand (1,000) population for recreational purposes, and two (2) acres/one thousand (1,000) population for governmental services. In addition, specific procedures for payment in lieu of land dedication and credit for private recreational facilities are provided in the city's subdivision and land development regulations. Lot coverage and setbacks shall be determined on the basis of sound planning principles and site design.

(Ord. No. 00-05, § 1, 11-20-00; Ord. No. 2006-02, § 1, 2-21-06; Ord. No. 2012-16, § 4, 10-15-12)

Changes to the original master plan are permissible by amendment, and may be permitted by the city council after recommendation by city staff and the planning and zoning board of appeals. Upon application by the developer or his successors in interest, a finding is required that any such change or changes are in accord with all regulations in effect and such change or changes will not have an adverse effect within the PUD. Further, any such amendment must be in conformance with the Comprehensive Plan and all requirements of the City Code.

(Ord. No. 00-05, § 1, 11-20-00; Ord. No. 2021-016, § 2, 12-13-21)

(1)

The city council may upon recommendation of city staff, the planning and zoning board of appeals, or upon its own initiation, place appropriate time limitations for the fulfillment of required conditions pursuant to the approval of planned unit developments as provided herein. Fulfillment of these conditions may be required by a certain time, such as by time of approval of the master development plan, the final plat, or by the issuance of predetermined number of building permits or certificate of occupancy.

(2)

Deviation from any portion of the approved master plan, or failure to comply with any requirement, condition or safeguard imposed by the city council during the approval or platting procedure shall render the PUD approval null and void upon determination by the city council.

(Ord. No. 00-05, § 1, 11-20-00; Ord. No. 2021-016, § 2, 12-13-21)

It is the intent of this chapter that adequate provision is made for mobile home housing in the city. It is further the intent to declare that the use of mobile homes for dwelling purposes be in a mobile home development. For purposes of this division, mobile home development shall include mobile home parks, and mobile home subdivisions.

(Code 1966, § 32-48)

The permitted principal and accessory uses in the mobile home (RMH) district shall be as provided in sections 16-392 and 16-393.

(Code 1966, § 32-48(a))

The special exceptions permitted in the mobile home (RMH) district shall be as provided in section 16-394.

(Code 1966, § 32-48(b))

Regulations found in the schedule of district regulations for most zoning districts as to yards, height, etc., are not applicable to the proper development of a mobile home park. The following development standards are to apply to the development of mobile home parks:

(1)

Minimum park area. Twenty-five (25) acres, with access from the mobile home park to a major thoroughfare.

(2)

Maximum density. Six (6) units per acre.

(3)

Maximum height of all structures. Twenty-five (25) feet.

(4)

Streets and drainage. The internal collector street serving the park for ingress and egress shall have a minimum pavement width of twenty-six (26) feet. Internal minor streets shall have a minimum pavement width of twenty-two (22) feet for two-way traffic and twenty (20) feet for one-way traffic. Streets are to be constructed with minimum four (4) inches of limerock base or equivalent, and one (1) inch of asphalt topping, with concrete gutters. All streets in a mobile home park shall be private and shall comply with applicable city pavement and drainage standards. Adequately engineered drainage plans as required by section 16-196 et seq. is required.

(5)

Access. Shall be designed for safe and convenient movement of traffic into and out of the park in accordance with sound traffic engineering principles. All vehicular traffic into and out of the park shall be through such designated entrances and exits.

(6)

Utilities.

a.

Street lighting shall be installed, which may be overhead or low level, in accordance with section 16-1335(15) (Lighting). The source of light shall not be visible beyond park boundaries and all light shall be directed onto the street or pedestrian way.

b.

Each mobile home site shall be connected to central water and sewer. No individual water supply or sewage disposal system shall be permitted in any mobile home park.

c.

All utilities distribution and collection systems including those for water, sewer, electricity, telephone, gas, and television cable shall be underground.

d.

Landscaped utilities easements may be provided along the rear of each mobile home site. Such easements, where provided shall not be less than ten (10) feet in width. No permanent structures other than pedestrian ways, benches, picnic area, and lighting systems shall be located within such easements and permitted structures shall be located so as not to impede maintenance of the underground utility facilities. All utilities shall be located within such easements if provided, or in easements adjacent to street pavements.

(7)

Recreation facilities. Eight (8) percent of the gross site area of the park shall be developed for recreational purposes. No mobile home site, required buffer strip, street right-of-way, storage area, utility site or utility easement shall be counted as recreation area in meeting this requirement. Recreation areas and facilities shall be owned and operated by the park management unless such park is controlled by a homeowners' association or under condominium ownership.

(8)

Mobile home site standards. No mobile home, carport or other structure shall be placed or erected closer to the ultimate right-of-way line than fifteen (15) feet if utility easements are not provided and twenty (20) feet if utility easements are provided. No mobile home shall be placed or erected closer than ten (10) feet to the side or rear line of any mobile home site; provided, however, roof projections, overhangs, etc. may project to the extent of eighteen (18) inches into any required setback areas.

a.

Sites at street intersections shall be on appropriately wider lots in order to provide adequate sight distance for safety at intersections.

b.

The total lot coverage of a mobile home site shall not exceed forty (40) percent of the area of the site.

c.

Each mobile home site shall contain a concrete slab not less than ten (10) by forty (40) feet in dimension for carport or patio; such slab shall not be required until after the mobile home is in position.

(9)

Mobile home foundation and tie-down. Each mobile home shall be placed on a foundation or tied down in accordance with the Southern Standard Building Code.

(10)

Garbage and trash. Each mobile home site shall be provided with at least one (1) garbage container of not less than twenty-gallon capacity, so located as to be obstructed from view from the roads within and without the park. Park management shall be strictly responsible for internal trash and garbage collection unless such park is controlled by a homeowners' association or under condominium ownership. Central park collection points shall be completely screened from public view without or within the park.

(11)

Procedures. Applications for rezoning to the RMH classification for mobile home park purposes shall present a development concept plan that will provide the planning and zoning board of appeals and city council enough material to reach a decision or such rezoning. Upon rezoning, mobile home parks are processed under section 16-196 et seq. Platting requirements shall be in accordance with the city subdivision ordinance.

(Code 1966, § 32-48(c); Ord. No. 90-43, § 1, 3-18-91; Ord. No. 94-11, § 1, 11-21-94; Ord. No. 2013-05, § 2, 1-6-14; Ord. No. 2021-016, § 2, 12-13-21)

A mobile home subdivision, permissible as a special exception in the RMH district, is a subdivision and the standards and procedures set out in the city subdivision code except as specifically set out herein, shall apply to such subdivision. The development standards for mobile home parks set out herein under section 16-799 shall apply to mobile home subdivisions except for paragraphs (1) and (9). The following additional development standards for mobile home subdivisions are hereby set:

(1)

Minimum mobile home subdivision area. Fifty (50) acres.

(2)

Minimum individual lot area and dimensions. Six thousand (6,000) square feet, sixty (60) feet in width.

(3)

Maximum lot coverage per individual lot. Forty (40) percent.

(4)

Minimum required yards.

a.

Front, fifteen (15) feet.

b.

Side interior, seven and one-half (7.5) feet.

c.

Side corner, fifteen (15) feet.

d.

Rear, fifteen (15) feet.

(5)

Procedure. Upon rezoning to the RMH classification and the granting of special exception, procedures shall be in accordance with section 16-196 et seq. and the city subdivision code. An application for rezoning and a petition for special exception may be jointly filed and acted upon.

(Code 1966, § 32-48(e); Ord. No. 94-11, § 2, 11-21-94)

A recreational vehicle park is permissible as a special exception in the RMH district and shall only be occupied by recreational vehicles, pick-up coaches, motor homes, camping trailers and other vehicular accommodations suitable for temporary habitation and used for travel, vacation and recreation purpose. No external appurtenances such as carports, cabanas, screened porches or patios shall be erected upon any site for recreational vehicles or other vehicle accommodations. The removal of wheels and placement of the unit on a foundation in such park is prohibited.

(1)

Minimum park area. Twenty-five (25) acres.

(2)

Accessory uses. Management headquarters, storage facilities and other uses and structures customarily incidental to the operation of a recreational vehicle park are permitted as accessory uses to the park.

a.

Such accessory uses and the parking areas primarily related to their operations shall not occupy more than five (5) percent of the gross area of the park.

b.

Such accessory uses shall be restricted in their use to occupants of the park.

c.

The structures housing such facilities shall not be located closer than one hundred (100) feet to any public street and shall not be directly accessible from any public street but shall be accessible only from a street within the park.

(3)

Sites and density. Each recreational vehicle park site or space shall be at least two thousand five hundred (2,500) square feet in area. Each recreational vehicle park shall have a maximum density of ten (10) recreational vehicle spaces per net acre. Each site shall provide a paved vehicular parking pad. No part of a recreation vehicle or other unit placed on site shall be closer than ten (10) feet to a site line.

(4)

Recreation facilities. A minimum of ten (10) percent of the gross site area for the recreational vehicle park shall be set aside and developed as common use areas for open or enclosed recreation facilities. No recreation vehicle site, street right-of-way, buffering and landscaping, storage area or utility site shall be counted as meeting recreational purposes.

(5)

Design of access to park. Entrances and exits to recreation vehicle parks shall be designed for safe and convenient movement of traffic into and out of the park, and to minimize marginal friction with free movement of traffic on adjacent streets. All traffic into or out of the park shall be through such entrances and exits. Radii of curbs and pavements at intersections shall be such as to facilitate easy turning movements for vehicles with trailers attached.

(6)

Setbacks. A recreational vehicle shall be setback fifteen (15) feet from any roadway right-of-way.

(7)

Procedures. Upon rezoning to RMH classification, and the granting of special exception, procedures shall be in accordance with section 16-196 et seq., and the city subdivision code. An application for rezoning and a petition for special exception may be jointly filed and acted upon.

(Code 1966, § 32-48(e); Ord. No. 90-43, § 1, 3-18-91)

The purpose of cluster development is to permit a procedure for the development of residential dwelling units which will allow the developer greater freedom from rigid development standards relative to lot size and configuration; promote economic subdivision layout; encourage ingenuity and originality in total subdivision and individual site design; and which can preserve open space to serve recreational, scenic and public service purposes.

(Code 1966, § 32-52)

Cluster development is permissible as a special exception in the RL and RM districts subject to the findings in section 16-173 and any specific condition attached in the applicable zoning district. Cluster development shall be a permitted use in RH district.

(Code 1966, § 32-52(a))

Density requirements for cluster development shall be the same as provided for in the applicable zoning district.

(Code 1966, § 32-52(b))

(a)

All types of attached and detached single-family residential dwellings may be permitted in cluster developments permissible as special exceptions or allowed as permitted uses.

(b)

Attached dwellings shall not exceed eight (8) dwelling units in one (1) building group. Building line and elevation shall be staggered to minimize straight wall effect.

(Code 1966, § 32-52(c))

(a)

The minimum size of a lot of record within the cluster development shall be at least two thousand (2,000) square feet.

(b)

Yards abutting the boundaries of the entire cluster development site shall not be less than minimum requirements for the respective zoning district. Additionally, the front-yard setback for all lots fronting on public streets shall not be less than the front-yard setback requirements of the respective zoning districts in which they are located.

(Code 1966, § 32-52(d))

Copies of all written documents demonstrating ownership and/or control of a cluster development by the developer as to all concerned lands shall be submitted to the city attorney prior to final plat approval. Such documents shall satisfactorily demonstrate that the developer has the unrestricted right to impose all of the covenants and conditions upon the land as are contemplated by the provisions of these regulations.

(Code 1966, § 32-52(e))

To compensate for reduced lot sizes in cluster developments, open space common to all lots shall be provided as set forth herein. Such open space may be used for parks, playgrounds, or other recreational uses. Land utilized for such common open space will be restricted by appropriate legal instrument satisfactory to the city attorney as open space perpetual or for a period of not less than ninety-nine (99) years. Such instrument shall be binding upon the developer, all successors, and assigns, and shall constitute a covenant running with the land and be in recordable form.

(Code 1966, § 32-52(f))

The minimum open space requirements in a cluster development shall be:

(1)

RL, forty (40) percent of total parcel area.

(2)

RM, thirty-five (35) percent of total parcel area.

(3)

RH, thirty (30) percent of total parcel area.

(Code 1966, § 32-52(f)(1))

Prior to final approval, a program for continued maintenance of all common areas in a cluster development including open space and recreation facilities private streets, private utilities, etc., shall be submitted to the city. The submission shall include agreements, contracts, deed restrictions, sureties, or other legal instruments to guarantee the installation and continued maintenance of such common areas and facilities.

(Code 1966, § 32-52(g))

A cluster development shall have direct access to a public street.

(Code 1966, § 32-52(h))

Townhouse developments are intended to provide a housing choice that meets the demand of families and individuals looking for an alternative to single-family detached housing or multiple-family housing structures.

(Code 1966, § 32-53)

Townhouse developments are a permitted use in RM and RH districts and permissible as a component of cluster development and planned unit development in districts accommodating such development techniques.

(Code 1966, § 32-53(a))

Density requirements for townhouse development shall be the same as provided for in the applicable zoning district.

(Code 1966, § 32-53(b))

Townhouse units shall be developed under a single master site development plan.

(Code 1966, § 32-53(c))

A maximum of six (6) dwelling units are allowed in a building group of townhouse units. Staggered setbacks are encouraged to lessen the straight row effect.

(1)

Minimum front yard setbacks for individual townhouse units are twenty-five (25) feet.

(2)

Minimum rear yard setbacks for individual townhouse units are twenty (20) feet.

(3)

Minimum side yard for corner lots or end units of a dwelling row shall be twenty (20) feet.

(4)

All dwellings and their accessory buildings shall have a maximum coverage of forty (40) percent in RM and RH districts.

(5)

All other yard, bulk and district requirements shall apply to townhouse development.

(Code 1966, § 32-53(d))

Townhouses shall be constructed up to side lot lines without side yards and no windows, domes or other openings shall face a side lot line except that the outside wall of end units may contain such openings.

(Code 1966, § 32-53(e))

Varied treatment of the facades or groups of facades is encouraged to reduce the visual sameness of structures.

(Code 1966, § 32-53(f))

Each group of townhouses shall have direct access for parking.

(Code 1966, § 32-53(g))

It is the intent of this development type to provide for multiple-family dwelling units to satisfy the needs of all income groups. In RH districts, apartment projects located on a parcel of land not subdivided into the customary streets and lots, or including a building not oriented so the main entrance directly face a street may be permitted upon the following standards being satisfied:

(1)

The gross density shall not exceed ten (10) dwelling units per acre.

(2)

For all single-story structures the established yard and setback requirements for the district in which the project is located shall be satisfied along all exterior property lines. For each additional story in height, all yard and setback requirements shall be increased by five (5) feet.

(3)

The closest permitted distance between any two (2) buildings shall be thirty (30) feet for one-story buildings; thirty-five (35) feet for two-story buildings and forty (40) feet for three-story buildings.

(4)

The minimum distance from the front of an apartment building to the ultimate right-of-way shall be twenty-five (25) feet.

(5)

The minimum distance from an apartment building to the parking space for each unit shall be ten (10) feet.

(6)

Sidewalks not less than four (4) feet in width shall be required in the project area leading from all front and rear doors to streets parking area and recreation areas.

(7)

All walkways shall be provided with adequate security lighting in accordance with the requirements of section 16-1335(15) for the underlying zoning district.

(Code 1966, § 32-54; Ord. No. 2013-05, § 3, 1-6-14)

The purpose of zero lot line development is to permit an alternate development style that provides the following:

(1)

The more efficient use of land as compared with typical single-family development;

(2)

The design of dwellings that integrate and relate internal-external living areas resulting in more pleasant and enjoyable living facilities; and

(3)

Permits outdoor space to be grouped and utilized to its maximum benefit due to the placement of the dwelling against one (1) of the property lines.

(Code 1966, § 32-55)

Zero lot line development is permissible as a special exception in the RM and RH districts subject to the findings in section 16-171 et seq. and requirements contained in this division.

(Code 1966, § 32-55(a))

Detached single-family dwellings on individually platted lots, including customary accessory uses not inconsistent therewith are permitted under this development approach. Fencing, walls, trellises and other similar uses to be used as connecting elements between single-family dwellings on adjacent lots subject to special exception review.

(Code 1966, § 32-55(b))

Each lot shall have an area of six thousand (6,000) square feet for parcels zoned RM and five thousand (5,000) square feet for parcels zoned RH.

(Code 1966, § 32-55(c))

In all districts, the minimum lot width in zero lot line developments shall be fifty (50) feet.

(Code 1966, § 32-55(d))

(a)

Interior side yard. The dwelling unit shall be placed on one (1) interior side property line with a zero setback and the dwelling unit setback on the other interior side property line shall be ten (10) feet for concrete block constructed dwellings and fifteen (15) feet for wooden fence construction. Patios, pools, children's play areas and play equipment shall be permitted in the interior side yard setbacks. Accessory buildings shall be located in the rear yard.

(b)

Front setback. All dwellings shall be set back a minimum of thirty (30) feet from the front property line.

(c)

Rear setback. All dwelling structures, accessory structures and uses shall be set back a minimum of ten (10) feet from the rear property line.

(d)

Side corner setback. All dwellings shall be setback a minimum of fifteen (15) feet from the side street property line.

(Code 1966, § 32-55(e))

All dwellings and their accessory buildings shall have a maximum coverage of thirty-five (35) percent in the RM District and forty (40) percent in the RH District.

(Code 1966, § 32-55(f))

All other yard, bulk and district requirements shall apply to zero lot line development.

(Code 1966, § 32-55(g))

The wall of the dwelling located on the lot line shall have no windows, doors, air conditioning units or any other type of openings, provided however, that atriums or courts shall be permitted on the zero lot line side when the court or atrium is enclosed by three (3) walls of the dwelling unit one (1) a solid wall of at least eight (8) feet in height is provided on the zero lot line. Such wall shall be constructed of the same material as exterior walls of the unit.

(Code 1966, § 32-55(h))

A perpetual four-foot maintenance easement shall be provided on the lot adjacent to the zero lot line property line. This easement shall be shown on the plat and incorporated into each deed transferring title to the property. Roof overhangs may penetrate the easement on the adjacent lot a maximum of twenty-four (24) inches, but the roof shall be so designed that water runoff from the dwelling placed on the lot line is limited to the easement area. Walls and fences shall be maintained in their original color, and treatment unless otherwise agreed to in writing by the two (2) affected lot owners.

(Code 1966, § 32-55(i))

Common open space is not required but may be permitted. Such open space may be used for parks, playgrounds or other recreational uses. Land utilized for such purpose will be restricted by appropriate legal instrument satisfactory to the city attorney to assure that such open space and facilities shall be maintained in a satisfactory manner without expense to the general tax payers of the city.

(Code 1966, § 32-55(j))

Each dwelling shall be located on its own individual platted lot. If access for common use of occupants of the development are shown on the plat, satisfactory arrangements shall be made for the maintenance of the common open space and facilities as provided in section 16-886. The plat shall indicate the zero lot lines and easements appurtenant thereto.

(Code 1966, § 32-55(k))

Planned office parks are intended to serve the needs of professional, business, institutional office and service uses which provide a pleasant working environment for employees and convenience for patrons, patients, consumers and users of the services and facilities. This planned use provides a mechanism to attract employees to the area which can contribute to the diversification of the city's economic base.

(Code 1966, § 32-59(b))

Planned office parks are permissible as a special exception in the OPI, CG and CI Districts, subject to findings and requirements in section 16-171 et seq. and any specific requirements contained in this division.

(Code 1966, § 32-59(b))

The following are the permitted uses in planned office parks:

(1)

Professional offices and services.

(2)

Business offices and services.

(3)

Medical offices and services.

(4)

Medical and dental clinics.

(5)

Financial, insurance and real estate offices.

(6)

Travel agencies.

(7)

Banks and financial institutions without drive-in facilities.

(8)

Corporate headquarters.

(9)

Laboratories (clinical and testing) providing such use is proposed at the time of special exception review for the planned office park.

(10)

When there is a demonstrated need, limited commercial and service activities in support of and limited to planned office uses within the park.

a.

Commercial retail activities are limited to retail newsstands; arts and crafts store; bookstores; office equipment, furniture and supply stores; and drug stores with inventories limited to prescription medicines and medical supplies.

b.

Commercial service activities are limited to barber and beauty shops; restaurants and carry-out restaurants (but not fast food or drive-in restaurants) and delicatessens.

All uses listed above under item (10) are permissible at the time of special exception review for the planned office park. If such use is contemplated at a later date and not previously depicted on the development concept plan, such uses are only permissible as special exceptions for a planned office park in all districts by which planned office parks are permissible.

(Code 1966, § 32-59(c))

The minimum land area for a planned office park development shall be five (5) acres.

(Code 1966, § 32-59(d))

(a)

Minimum lot size. Each parcel of land within a planned office park shall have a minimum land area of thirty thousand (30,000) square feet.

(b)

Minimum site frontage. A tract or parcel of land proposed for planned office park shall have a minimum frontage of three hundred (300) feet on an improved public street. Each individual lot or parcel within a planned office park shall have a minimum frontage of one hundred fifty (150) feet on an improved public or private street.

(c)

Maximum lot coverage. The maximum lot coverage on each lot by principal buildings and other structures shall not exceed thirty (30) percent.

(d)

Minimum yard requirements. Within the boundaries of a planned office park, a structure shall meet the following setbacks for perimeter property lines.

(1)

Front yard, fifty (50) feet.

(2)

Side yards, thirty-five (35) feet.

(3)

Rear yard, thirty-five (35) feet.

Each individual lot or parcel within a planned office park shall meet the setback requirements for the applicable zoning district. Rear and side yards may contain parking areas, loading areas and refuse collection and storage areas.

(e)

Distance between buildings. No two (2) buildings on the same parcel may be located closer to one (1) another than a distance equal to the height of the higher building.

(f)

Maximum height of buildings and structures. No building or structure within a planned office park shall exceed a maximum height of thirty-five (35) feet.

(g)

Off-street parking and loading. All off-street parking and off-street loading requirements in a planned office park shall be in conformance with section 16-1331 et seq. Additionally, parking requirements for planned office parks with one hundred thousand (100,000) square feet of gross leasable area or more may be decreased by fifteen (15) percent provided that more open space and landscaping is provided.

(Code 1966, § 32-59(e); Ord. No. 90-43, § 1, 3-18-91)

The primary purpose of open space is to assist in maintaining a park-like setting, preserve native vegetation and to assure proper internal buffering of land uses. A minimum of forty (40) percent open space shall be required for the entire planned office park site area.

(Code 1966, § 32-59(f))

Within a planned office park, all utilities including sewer, water, telephone, television cable and electrical systems shall be installed underground. Except for fire hydrants, appurtenances to these systems which require above ground installation must be effectively screened and thereby may be exempted from this requirement.

(Code 1966, § 32-59(g))

All streets and pedestrian paths developed within an office park district shall be designed and improved in accordance with the city subdivision code. Where pedestrian paths are provided, they shall be separated from vehicular traffic. Paving of these paths shall be of concrete.

(Code 1966, § 32-59(h))

The site and development plan for a planned office park shall incorporate adequate site lighting in order to maximize security, and safe pedestrian and vehicular movement. Site lighting shall be in accordance with the requirements of section 16-1335(15) for the underlying zoning district.

(Code 1966, § 32-59(i); Ord. No. 2013-05, § 4, 1-6-14)

(a)

All land included within the proposed planned office park shall be under the legal control of the applicant. The applicant requesting approval of a planned office park shall present a legal document indicating unified control of the entire area within the proposed planned office park. The applicant shall also furnish a written legal opinion that the applicant and/or developer has the unrestricted right to impose all of the covenants and conditions upon the land as are contemplated by the provisions of this chapter.

(b)

The applicant shall state agreement to:

(1)

Proceed with the proposed development according to the provisions of this chapter and such conditions as may be attached to the special exception for planned office park;

(2)

Provide agreements, contracts, deed restrictions, and sureties acceptable to the city council for completion of the development according to the approved plans and maintenance of such areas, functions and facilities as are not to be provided, operational or maintained at public expense; and

(3)

Bind their successors in title to any commitments made under (1) and (2) preceding. All such agreements and evidence of unified control shall be examined by the city attorney and no planned office park shall be approved without a certification by the city attorney that such agreements and evidence of unified control meet the requirements of this chapter.

(Code 1966, § 32-59(j))

A planned office park shall be platted in accordance with the city subdivision code. If areas for common use of occupants of the development are shown on the plat, satisfactory arrangements shall be made for the maintenance of the common open space and facilities as provided in section 16-910.

(Code 1966, § 32-59(k))

The Planned Commercial Development (PCD) is intended to allow for two (2) or more commercial uses or structures to be permitted on a single site through the use of a unified commercial site and development plan. The unified site development plan will account for all perimeter landscaping and buffering, vehicular movements, parking, utilities, and architectural building design components in a comprehensive manner that enhances the viability of the development and increases the value of the development for the city while allowing for efficient and innovative site design. Any future modifications to either the uses or structures on the property described within a PCD shall be reviewed in terms of the entirety of the site and development plan in a comprehensive manner.

(Ord. No. 99-02, § 7, 3-15-99)

Planned commercial developments are permitted as a special exception within either the CG or CI zoning districts. All property within a PCD shall be designated by the same zoning district.

(Ord. No. 99-02, § 7, 3-15-99)

(1)

Permitted principal and accessory uses and structures within a PCD shall be any permitted principal and accessory uses which are allowed in the underlying commercial zoning district.

(2)

Special exception uses in the underlying zoning district are permitted subject to the provisions of section 16-171 et. seq.

(3)

Any use which is not specifically, or by reasonable implication, permitted or allowed as a special exception in the underlying zoning district, shall be prohibited.

(Ord. No. 99-02, § 7, 3-15-99)

All property included within the PCD shall be required to enter into a unity of control document in order to ensure that the integrity of the unified development plan is maintained in perpetuity. This unity of control document shall be recorded in the public records of Palm Beach County and shall bind the applicant and all successors of any portion of the property or use to all conditions of approval for the PCD. Once approved, future modification to any portion of the PCD shall be considered in terms of the entire planned commercial development.

In addition, the applicant shall also present a legal document addressing unified control of the entire area to be contained within the planned commercial development. Applications for development under the PCD criteria which includes multiple parcels shall be required to either 1.) enter into and record a unity of title for all of these parcels in a form acceptable to the city as a condition of approval, or 2.) provide a title certification that all property included in the petition is owned by the same owner.

(Ord. No. 99-02, § 7, 3-15-99)

The minimum lot size, frontage, setbacks, and lot coverage for developments under the PCD criteria shall adhere to the development standards of the underlying commercial zoning district for the site as a whole. Maximum lot coverage shall be determined based on the total lot coverage of all uses and structures.

(Ord. No. 99-02, § 7, 3-15-99)

It is the intent of the PCD criteria to consolidate the number of access points into a planned commercial development. Points of access into PCDs shall be limited only to Palm Beach County arterial and collector roadways. These access points shall be designed and constructed to accommodate the projected traffic for the entire site.

(Ord. No. 99-02, § 7, 3-15-99)

Off-street parking and loading requirements within the PCD shall be determined by the following:

(1)

Total spaces: Total parking and loading spaces shall be determined by a combination of all parking and loading requirements for each use as outlined in the underlying zoning district.

(2)

Handicap parking spaces shall be proportionally dispersed based on the square footage of each use or structure.

(3)

Compact parking spaces:

(a)

Limited to a maximum of ten (10) percent of the aggregate parking spaces required for all uses.

(b)

The dimensions of compact stalls are defined within section 16-1337 of the Zoning Code.

(c)

The applicant shall provide a plan on how these spaces shall be regulated and controlled.

(4)

Parking decks: Parking decks within a PCD may be permitted for developments greater than three hundred thousand (300,000) feet of total floor area subject to approval by the city council. Parking area lighting units shall be provided in accordance with section 16-1335(15) and section 16-920.

(5)

General requirements: Unless otherwise specified by this section, off-street parking and loading shall be designed and constructed in accordance with Article VIII.

(Ord. No. 99-02, § 7, 3-15-99; Ord. No. 00-07, § 2, 4-3-00; Ord. No. 2013-05, § 5, 1-6-14)

Within a planned commercial development, all utilities including potable water, sewer, storm drainage, telephone, television cable and electrical systems shall be installed underground. Except for fire hydrants, appurtenances to these systems which require above ground installation must be effectively screened and thereby may be exempt from this requirement.

(Ord. No. 99-02, § 7, 3-15-99)

The site and development plan for a PCD shall incorporate adequate site lighting in order to maximize security, and safe pedestrian and vehicular movement. Site lighting shall be in accordance with the requirements of section 16-1335(15) for the underlying Zoning District.

(Ord. No. 99-02, § 7, 3-15-99; Ord. No. 2013-05, § 5, 1-6-14)

Editor's note— Ord. No. 2025-10, § 3, adopted Aug. 4, 2025, repealed § 16-921, which pertained to signs and derived from Ord. No. 99-02, § 7, 3-15-99.

The intent of the PCD is to provide for a unified development. The design of a PCD shall incorporate the following:

(1)

All free-standing buildings shall have a unified architectural theme that incorporates similar architectural components, design, colors, and materials applied to all uses and structures within a PCD. Modifications to any single use or structure must be consistent with any existing or approved uses or structures in terms of architectural features and treatments which have been previously approved within the PCD.

(2)

Mechanical equipment or other utility features on roofs, ground or buildings shall be screened from view with materials harmonious with the structures located within the PCD, or they shall located as to not be visible from any public way or residential developments.

(3)

An internal pedestrian system at least five (5) feet wide shall be provided that will link all of the structures within the PCD with all public sidewalks. This walkway system will be designed to minimize risks to pedestrians from vehicular movement, as well as minimize exposure from the weather. Canopies, either free-standing or cantilevered from the buildings, shall be provided along this walkway system. In addition, no section of this walkway shall be uncovered more than one hundred (100) feet.

(Ord. No. 99-02, § 7, 3-15-99)

Landscape requirements for the PCD shall be consistent with the criteria established in section 16-1241 et. al.

(Ord. No. 99-02, § 7, 3-15-99)

It is the intent to provide a unified approach to the development of a PCD. Individual uses within a PCD may be developed separately subject to the following:

(1)

A phase line shall be designated on the master site plan.

(2)

Each individual use shall be required to construct all necessary infrastructure and site improvements needed to support that phase. These improvements shall include, but not be limited to, parking, potable water and sewer service, drainage, electrical, and internal landscaping.

The development of the first or only phase of the PCD shall include construction of all sidewalks along rights-of-way and all perimeter landscape buffers for the PCD.

(Ord. No. 99-02, § 7, 3-15-99)

The provisions of Division 9 shall not be retroactively applicable to planned commercial developments approved prior to 1985.

(Ord. No. 99-02, § 7, 3-15-99)

A PCD development shall be platted in accordance with the city's subdivision code. Plat-ting shall be conditioned upon all conditions of approval as well as the recording of unity of control and unity of title documents.

(Ord. No. 99-02, § 7, 3-15-99)