The purpose and intent of this overlay is to provide suitable sites for the development of well-planned, environmentally compatible, low-density, attached single-family townhouse and zero lot line residential projects, which are located in such a manner as to serve as effective transitional land use elements in an area within the town most susceptible to airplane traffic noise as it lies in the runway protection zone (RPZ). It is also the intent and purpose of this district is to identify an area and developments authorized under the PBCD district. Density shall not exceed 8.0 dwelling units per gross acre. All dwellings shall not exceed two stories.

(Ord. No. 463, § 2(Exh. A), 7-26-18)

The boundaries of the PBI airport overlay are that part of the southeast quarter of the northeast quarter of Section 35, Township 43 South, Range 42 East, Palm Beach County, Florida, lying east of the east line of lot 25 and its southerly extension and south of the south line of lots 42, 41, 40, 39, and 38 and its easterly extension, all in Haverhill Riding Estate, according to the plat thereof, recorded in Plat Book 20, page 98 of the public records of Palm Beach County, Florida; and the southwest quarter of the southwest quarter of the northwest quarter of Section 36, Township 43 South, Range 42 East, Palm Beach County, Florida, lying in the Town of Haverhill, Palm Beach County, Florida, and that 12.57 acre parcel consisting of Tract 5 and a portion of Tract 6, Boulevard Estates, according to the plat thereof recorded in Plat Book 21, Page 44, of the public records of Palm Beach County, Florida lying south of the Lake Worth Drainage District L-4 Canal and east of the E-3 Canal, containing a total of 33.15 acres more or less, and as shown and depicted on Appendix A. The PBI airport overlay shall only be applicable to property zoned R-3 medium density residential district, however, any land within the PBI airport overlay shall be eligible for rezoning to R-3 medium density residential district regardless of FLUA designation.

(Ord. No. 463, § 2(Exh. A), 7-26-18; Ord. No. 532, § 2(Exh. C), 11-14-24)

In PBI airport district, no building, structure, land use or water use shall be permitted except for one or more of the following uses:

(1)

Single-family dwellings;

(2)

Two-family dwellings;

(3)

Multifamily dwellings;

(4)

Mobile homes;

(5)

Townhouse; and

(6)

Zero lot line homes.

(Ord. No. 463, § 2(Exh. A), 7-26-18)

All residential and non-residential uses that existed with the PBI airport overlay on the date of adoption hereof, and meet the provisions of this division, shall be classified as conforming uses.

(Ord. No. 463, § 2(Exh. A), 7-26-18)

Adult entertainment establishments, bulk storage of gas and oil, outdoor retail sales, and any other use not specifically authorized by the zoning code shall be prohibited in the PBI airport overlay.

(Ord. No. 463, § 2(Exh. A), 7-26-18)

Lands within the PBI airport overlay may be rezoned to R-3 medium density residential district, provided the following conditions are met:

(1)

They are part of an overall tract that will be three acres or more; and

(2)

Abut Haverhill Road, unless otherwise approved by town council.

(Ord. No. 463, § 2(Exh. A), 7-26-18; Ord. No. 475, § 2, 8-22-19; Ord. No. 532, § 2(Exh. C), 11-14-24)

In order to be permitted to develop property within the PBI airport district with townhouses and zero lot line homes, the following site development standards must be complied with:

(a)

Minimum parcel size: Three acres.

(b)

Maximum grouping length: Shall not exceed six dwelling units, except that up to but no more than 20 percent of the buildings in a development may have up to eight dwelling units provided that the average number of units per building in the overall development is no greater than six.

(c)

Minimum common open space: 30 percent of the total site area.

(d)

Utilities and services. Each dwelling unit shall be independently served by separate heating, air-conditioning, wastewater, water, electric power, gas, and other services wherever such utilities and services are provided; and no unit shall be in any way dependent upon such services or utility lines located within another unit or on or in another site except for meter rooms and services extended therefrom and as may be installed in public easements. All units must be connected to public water and wastewater lines and all electrical and telephone lines shall be placed underground.

(e)

Maintenance of common facilities. Nonpublic areas and facilities for the common use of occupants of a townhouse or zero lot line home development, but not in individual ownership of such occupants, shall be maintained in a satisfactory manner without expense to the general taxpayers of the town under entities such as homeowners', condominium or utility associations.

(f)

Parking. Each unit shall have three and one-half parking spaces available with three of those spaces contained within each residential lot, including the garage. In common areas, guest parking shall be made available. As part of the site plan and/or subdivision approval process, the town may prescribe restrictions on the location of guest parking so as to be convenient to all units within a subdivision, provided, however, that at least two guest parking spaces shall not be greater than 150 feet from the property line of each residential lot. The number of guest parking spaces on common areas, in addition to the one-half parking space for each residential lot, shall equal 20 percent of the total number of units in the development. No overnight parking shall be permitted on the common road.

(g)

Landscape. Landscaping for townhome developments under this section 58-257 shall include landscape material along building frontages and between residential driveways of a combination of canopy, understory, and groundcover plantings. For the grass, the development shall use floratam or St. Augustine sod, and all landscape areas, including those serving individual units and lots, shall be irrigated by an underground system installed at the time of development and maintained by the association.

(h)

Cul-de-sac. Any cul-de-sac, or dead end road within the development must be designed and built in such a way that garbage trucks, and fire-rescue vehicles, can turn around without having to back down the road.

(i)

Garages. One-car garages are permitted within the PBI Airport Overlay for townhouse and zero lot line homes, provided, however, that parking for two vehicles, side by side, shall be provided on each lot in front of the garage, in order that each lot have a minimum of three spaces.

(j)

Minimum lot width. For townhouse developments in the PBI airport overlay district that are ten acres or more, the town council may allow a Minimum Lot Width of no less than 20 feet upon a determination by the council that the reduction is mitigated by other factors such as landscaping, open space, additional pervious areas, increased parking, or other benefits as determined by the council.

(k)

Impervious area. The limitation of impervious area in the front yard not exceeding 40 percent (see section 58-365(d)) shall not apply to development of property under this section 58-257.

(Ord. No. 463, § 2(Exh. A), 7-26-18; Ord. No. 502, § 2, 1-27-22; Ord. No. 536, § 2(Exh. A), 8-28-25)

Building requirements in the PBI airport overlay are as follows:

(Ord. No. 463, § 2(Exh. A), 7-26-18)

The following standards shall apply to all new townhouse and zero lot line home developments:

(1)

Every front facade with a primary entrance to a dwelling unit shall face the public street to the maximum extent possible.

(2)

Every townhouse and zero lot line home shall incorporate a covered front porch with a minimum depth of four feet and a minimum area of 50 square feet. Covered front porches shall be allowed to encroach five feet into the front setback or street side yard.

(3)

Every front facade with a primary entrance to a dwelling unit shall include a connecting walkway to the public right-of-way.

(4)

The front and street side facade shall incorporate design elements such as shutters, awnings, window grids, window mullions and quoins, gable end ornamentation (including decorative vents, material changes and eave brackets).

(5)

All sides of all buildings shall include design characteristics and materials consistent with those on the front facade where visible from a public right-of-way or single-family zoning district.

(6)

Windows on front, street side and rear elevations shall be generally centered on the building mass and aligned both vertically and horizontally.

(7)

All front facades shall have a minimum 25 percent window area on the front elevation wall face, excluding the garage face and front door.

(8)

Street side facades shall have a minimum 15 percent window area.

(9)

All front doors shall be articulated and composed of ornamentations such as recessed or grooved panels and divided light windows.

(10)

Garages shall be recessed a minimum of two feet behind the forward-most wall plane.

(11)

Front entry garage doors shall contain at least one window of a scale and detail compatible with the primary front facade.

(12)

Offset front setbacks. The front facades of no more than two units shall maintain the same building line. Facades shall be offset by a minimum of two feet. Each front facade in a three-unit cluster shall be offset by a minimum of two feet.

(13)

All window and door openings shall be impact resistant rated pursuant to the applicable building code.

(14)

Alternative compliance. An applicant may request an alternative approach to meeting the intent of these standards in circumstances where an alternative approach would provide a result which is equal or superior to that which would be achieved by strict adherence to this section.

a.

Procedure. A request for alternative compliance shall be submitted in writing to the town administrator with the application for development approval and should clearly identify the standard for which an alternative approach is requested as well as a demonstration as to how the alternative approach is superior and furthers the intent of the ordinance.

b.

Review criteria. The town council shall consider the written request for alternative compliance and must find the request accomplishes the intent of this section equally or better than strict adherence to this section, and would not result in adverse impact to adjacent properties.

(Ord. No. 463, § 2(Exh. A), 7-26-18)