The purpose and intent of this article is to:

(1)

Provide a method for parcels of land which are less than ten acres, to develop as Small-Scale Planned Unit Development Districts (SSPUD);

(2)

Provide for design flexibility through the waiver of certain development regulations;

(3)

Provide for accessory residential in nonresidential zoning districts and mixed use in residential zoning districts;

(4)

Provide for unified design concepts compatible with the purpose and intent of the redevelopment overlay area or compatible with the context of the area if not in a redevelopment overlay area;

(5)

Provide incentives for private investment, redevelopment and reuse;

(6)

Provide for a method that allows the reuse, expansion or change of use of a previously approved development or property that increases the intensity or density on a site;

(7)

Foster the development of infill parcels;

(8)

Encourage workforce housing;

(9)

Encourage use of green design theories and techniques;

(10)

Encourage bioscience uses consistent with the bioscience overlay;

(11)

Encourage historic/archaeological preservation and transportation improvements above the minimum code requirements.

(Code 1992, § 27-1830; Ord. No. 39-10, § 2, 12-21-2010)

(a)

A Small-Scale Planned Unit Development District (SSPUD) may depart from the strict application of property development regulations for the zoning district in which it is located. However, the Small-Scale Planned Unit Development District (SSPUD) regulations shall not be used to evade the land development regulations enacted by the town. Rather, the regulations shall only be available to applicants who demonstrate that there are mutual benefits to both the applicant and the town.

(b)

Applicants for Small-Scale Planned Unit Development Districts (SSPUD) shall demonstrate that the development provides public benefits by meeting one or more of the following:

(1)

Meeting the general planning principals and land development regulations of the redevelopment overlay area (ROA) designated by article IX of this chapter, as applicable.

(2)

Utilize green design theories and techniques in accordance with the green building program provided for in division 18 of article XI of this chapter and provide methods to ensure the public celebration or education of constructed and installed green design theories such as the use of EcoArt, educational display and/or interpretative signs.

(3)

Provide workforce housing units which exceed the number of units required to implement policy 1.2.11 of the housing element of the comprehensive plan.

(4)

Accommodate high technology and life science uses, including bioscience research or biotechnology consistent with the bioscience overlay of the town's comprehensive plan by designating square footage in a building as part of a development application.

(5)

Designation of a locally historic site, structure or building; and/or turning over significant archaeological artifacts to the town for display, public access and display of any found archaeological artifacts on the subject property, and, including the incorporation of on-site interpretive signage associated with the preservation of any historic/archaeological sites.

(6)

Provide for traffic or transportation right-of-way, easements, or improvements above and beyond the requirements to meet traffic concurrency.

(c)

Applications for Small-Scale Planned Unit Development Districts (SSPUD) shall be comprised of land less than ten acres.

(Code 1992, § 27-1831; Ord. No. 39-10, § 2, 12-21-2010)

(a)

Applications for an administrative Small-Scale Planned Unit Development District (SSPUD) shall demonstrate that the following criteria have been met:

(1)

The land area shall not exceed two acres;

(2)

Waivers to zoning regulations, as noted in section 27-1711, shall not exceed 20 percent;

(3)

Reductions in on-site parking requirements through the use of off-site parking shall meet section 27-2832;

(4)

The approval of shared parking shall not result in a reduction of more than 15 percent of the number of parking spaces that would be required without shared parking;

(5)

Parking space size is not reduced for more than 20 percent of the total required spaces. The reduction in size shall meet the standards for compact parking spaces, as defined in section 27-2828;

(6)

The application is limited to no more than three accessory residential units;

(7)

Amendments to approved Small-Scale Planned Unit Development Districts (SSPUD) that were approved by the town council meeting the thresholds established in section 27-259;

(8)

Any application for a Small-Scale Planned Unit Development District (SSPUD) which meets the criteria listed in section 27-1832(1) above may be subject to review of the planning and zoning commission and the approval of the town council, if the director of the planning and zoning department determines that the application would significantly alter the character and/or detract from the overall appearance of the areas;

(9)

If the subject property is located in a redevelopment overlay area (ROA), the general planning principles of the applicable ROA shall be met.

(b)

Applications for a Small-Scale Planned Unit Development District (SSPUD) requiring review of the planning and zoning commission and approval by the town council include:

(1)

Applications that exceed the criteria established in section 27-1711(a)(1) through (9).

(2)

Applications that are over two acres but less than ten acres in size.

(c)

Amendments to approved Small-Scale Planned Unit Development District (SSPUD) s shall refer to section 27-1591.

(d)

Application procedures for Small-Scale Planned Unit Development District (SSPUD) s shall refer to section 27-1616.

(Code 1992, § 27-1832; Ord. No. 39-10, § 2, 12-21-2010)

(a)

Subject to the town council or the director of planning and zoning's determination that a Small-Scale Planned Unit Development District's (SSPUD) public benefit is provided as required and enumerated in section 27-1709, the following waivers for a Small-Scale Planned Unit Development District (SSPUD) may be approved, provided the purpose and intent of the applicable regulations are met:

(1)

Building setbacks;

(2)

Parking, except that administrative approvals shall be limited to shared parking per section 27-2830, off-site parking per section 27-2832, and compact parking spaces per section 27-2828;

(3)

Parking aisle width;

(4)

Building height:

a.

Any request for an increase of the height of a building which is proposed to exceed the height established in the applicable zoning district shall be subject to the town council's approval.

b.

Town council approvals for building height waivers are limited to the lesser of 15 feet above the district maximum or one additional story. Buildings that receive additional building height by incorporating under building parking shall not be eligible for a height waiver.

(5)

Green space, provided the total amount of green space is not less 50 percent of the required green space for the Small-Scale Planned Unit Development District (SSPUD);

(6)

Landscaping or buffer requirements, including walls or fences;

(7)

Lot coverage;

(8)

Lighting;

(9)

Right-of-way.

(b)

Applications shall identify and explain the nature of each waiver requested, and the extent to which the requested waiver departs from the regulations established by this chapter. The town council or the department of planning and zoning may require additional information to explain or justify a requested waiver.

(c)

The town council or the director of planning and zoning may require or increase requirements of any of the following regulations, to mitigate the potential impacts of waiving:

(1)

Landscaping, including, but not limited to, larger size plant material and/or interior landscaping planted in an east-west configuration for shade dispersion;

(2)

Building setbacks;

(3)

Green space and/or environmental preservation areas either on-site or off-site per section 26-77;

(4)

Recreation or other public land either on-site or off-site;

(5)

Reduced building height; and/or

(6)

Workforce housing.

(d)

Waivers for a Small-Scale Planned Unit Development District (SSPUD) may be approved by the planning and zoning director or the town council, upon a finding that the applicant has provided a defined public benefit pursuant to section 27-1709(b).

(e)

The provisions of subsection (a)(4)(b) shall not apply to any site plan or development order approved by the town council or, administratively by the department of planning and zoning prior to December 7, 2021, the effective date of Ordinance 24-21.

Property owners whose properties have been destroyed by an Act of God, or otherwise, by more than 50 percent, may redevelop their properties at the same height previously approved, provided the town council finds that comparable substantial public benefits have been provided for the increased height.

However, in the event a property owner proposes the redevelopment of their property, or the amendment of a site plan or other development order approved by the town council or, administratively by the department of planning and zoning after December 7, 2021, the effective date of Ordinance 24-21, then the provisions of subsection (a)(4)b. shall apply.

(Code 1992, § 27-1833; Ord. No. 39-10, § 2, 12-21-2010; Ord. No. 24-21, § 4, 12-7-2021)

(a)

Accessory residential units, as defined in section 27-1913, may be permitted in the medical center, commercial, industrial, quasi-public institutional and public institutional zoning districts.

(b)

Any proposed or existing auto-oriented uses shall be designed or redeveloped to provide:

(1)

A street edge with buildings, low wall or fencing, additional landscaping to screen stored or parked vehicles, and/or a pedestrian amenity;

(2)

A pedestrian entrance or walkway and architectural feature facing or abutting the street, including, but not limited to, an arbor, entrance feature, or covered walk;

(3)

Relocation of the vehicular use areas to the side and/or rear of the building to the extent feasible.

(c)

Residential dwelling units which are proposed to be located above a bar or restaurant shall provide a one-story buffer between uses or condition limiting the hours of operation of the bar or restaurant shall be required. If the hours of operation of an existing business are limited, the condition may not be required.

(Code 1992, § 27-1834; Ord. No. 39-10, § 2, 12-21-2010)

An increase in the residential density within a small-scale planned unit development may be approved by the town council provided it determines that the town is receiving substantial public benefit in exchange for increased density. Additional density may be granted as follows:

(1)

The town council may allow a density bonus of up to two dwelling units per acre above the density permitted in the residential or mixed use zoning districts consistent with the comprehensive plan. If an applicant proposes a density bonus through this subsection, they shall not be eligible to receive the density increases specified in subsection (d) below.

(2)

Additional residential density may be approved for a Small-Scale Planned Unit Development District (SSPUD) in the mixed use zoning districts located outside of the Inlet Village sector in accordance with the town's comprehensive plan, specifically housing element policy 1.2.11, and land development regulations, provided the total density does not exceed 15 dwelling units per acre.

(3)

Additional residential density may be approved for a Small-Scale Planned Unit Development District (SSPUD) in a residential or mixed use zoning districts within the Inlet Village sector in accordance with the town's comprehensive plan, specifically housing element policies 1.2.11 and 1.2.13, and land development regulations, provided the total density does not exceed 15 dwelling units per acre.

(4)

In accordance with Policies 1.3.11 and 1.3.12 of the Future Land Use Element of the Comprehensive Plan, the town council may approve an increase in density for properties having a future land use designation of Riverwalk Flex or Inlet Village Flex. In accordance with Policies 1.9.5 and 1.9.7 of the Future Land Use Element of the Comprehensive Plan, the town council may approve an increase in density for properties zoned with the U.S. One/Intracoastal Waterway Corridor zoning district. If an applicant proposes a density bonus through this subsection, they shall not be eligible to receive the density increases specified in subsection (1) above.

(Code 1992, § 27-1835; Ord. No. 39-10, § 2, 12-21-2010; Ord. No. 24-21, § 5, 12-7-2021)

(a)

All buildings shall face and provide a primary pedestrian access to a right-of-way, plaza, square, muse, courtyard or other publicly accessible area.

(b)

Parking regulations.

(1)

Parking under a building, or along arterial and collector roads, is permitted at-grade, provided the parking is concealed with a building that contains some active use on the first floor, unless located on a nonconforming lot of record. If parking is proposed along a local street or road easement, the parking area underneath the building shall be concealed in accordance with the parking structure standards of section 27-1491(d).

(2)

No more than 25 percent of the required parking may be located in front of a building. The remainder of the parking shall be located to the rear or the side of the buildings to minimize off-street parking areas adjacent to street frontages. Off-street parking areas shall be set back at least 50 feet from any street intersections.

(3)

Any alternative parking surfaces such as rock, gravel, or grass-crete may be approved by the town council, provided the town's requirements for stormwater quality and quantity and the Americans with Disabilities Act are met.

(c)

Street and access regulations.

(1)

New streets, road easements or vehicular access drives shall be connected to the existing road system to facilitate wherever possible a gridded roadway network pattern.

(2)

All Small-Scale Planned Unit Development Districts (SSPUD) shall provide vehicular and pedestrian cross access easements to adjacent properties to facilitate connectivity to abutting properties and streets.

(d)

Architectural design regulations. The town council and planning and zoning director may require buildings and structures to incorporate architectural features such as breezeways, detailing and fenestration related to the scale and mass of buildings, and a particular architectural style within Small-Scale Planned Unit Development Districts (SSPUD) to create visual interest and provide for a pedestrian and residential scale.

(e)

Parking structures shall meet the standards of section 27-1491(d).

(f)

All buildings shall provide the following elements:

(1)

Detailing and fenestration consistent with the front facade for all sides of a building which can be viewed by the public;

(2)

Ground level shade or coverings/awnings over the sidewalks;

(3)

Architectural detailing and fenestration elements that have a pedestrian scale with proportions and rhythm;

(4)

Clearly delineated building floors by using historically correct architectural elements such as balconies, arcades, colonnades, and awnings;

(5)

A pedestrian entrance facing the street and publicly viewed areas;

(g)

Outdoor spaces such as a porch, patio terrace, balcony, stoop, arcade, colonnades or other features are required for all residential uses in accordance with the following design standards:

(1)

A balcony, deck, or terrace shall be located above the first floor for each residential unit proposed;

(2)

Outdoor space shall be provided with sufficient room to accommodate seating or the congregation of people;

(3)

Outdoor space shall be accessible from all residential dwelling units.

(Code 1992, § 27-1836; Ord. No. 39-10, § 2, 12-21-2010)

(a)

The interior landscape requirements of section 23-70 may be reduced or waived by the town council or the director of planning and zoning, provided there is a finding that at least two of the features listed below have been incorporated into the Small-Scale Planned Unit Development District (SSPUD):

(1)

Alternative methods of shade have been provided to reduce heat gain in vehicle use areas, including, but not limited to, the provision of plantings in medians which achieve an east/west exposure, landscape diamonds for trees/palms with aeration holes;

(2)

The use of a three-foot-high, low fence or wall shall be required to screen vehicle use areas from streets, alleys or interior drive aisles if landscaping or hedge material is not used to screen vehicle use areas;

(3)

The use of landscape materials to soften the amount of hardscape such as vines on walls, espalier, potted plants, hanging baskets, and window boxes;

(4)

Creative hardscape design such as use of decorative pavers, colored concrete, and/or grass pavers;

(5)

Proposed trees exceeding the minimum height requirements of the Code.

(b)

The landscape buffer requirements, the amount of landscape buffer materials and/or the width of the landscape buffer, may be reduced between residential and nonresidential zoning districts, provided a minimum six-foot-high concrete wall is provided between the two properties.

(c)

Small-Scale Planned Unit Development Districts (SSPUD) shall provide street trees or palms, as required by the town council or the director of planning and zoning.

(d)

At least 50 percent of the required green space shall be provided within 75 feet from the street and shall be consolidated into areas such as landscape buffers, foundation plantings, shaded and landscaped plazas, preserve areas, and/or interior landscape.

(Code 1992, § 27-1837; Ord. No. 39-10, § 2, 12-21-2010)

(a)

Large-Scale Planned Unit Development District (PUD) regulations shall:

(1)

Provide the method by which tracts of land may be developed together as a unit rather than on a lot-by-lot basis.

(2)

Provide design freedom by permitting an opportunity to more fully utilize the physical characteristics of the site through the reduction or waiver of certain development regulations and the planned mixing of uses.

(3)

Require that property approved by the town council for a Large-Scale Planned Unit Development District (PUD) will be developed through a unified design providing continuity among the various elements creating a better environment.

(4)

Allow requests for Large-Scale Planned Unit Development Districts (PUD), including those proposed to provide mixed uses, in all of the town's zoning districts.

(5)

Allow for increased residential densities in a Large-Scale Planned Unit Development District (PUD) if such increases do not violate the town's comprehensive plan or other ordinances.

(6)

Provide regulations to allow new development or redevelopment consistent with the intent of a defined redevelopment overlay area (ROA), if located in a ROA.

(7)

Allow opportunities for workforce housing pursuant to the housing element of the comprehensive plan.

(b)

A Large-Scale Planned Unit Development District (PUD), by definition, may depart from the strict application of use and property development regulations for the Large-Scale Planned Unit Development District (PUD) in which the planned unit development is proposed to be located. However, these regulations should not be used as a means of evading the ordinances of the town and should be employed only when there are mutual benefits to both the applicant and the community. It is intended that a Large-Scale Planned Unit Development District (PUD) provide substantial public benefit.

(c)

The benefits of a Large-Scale Planned Unit Development District (PUD) are intended to include the ability of the applicant and the town to: utilize a variety of architectural solutions; provide for the preservation of natural features and scenic areas; reduce land utilization for roads; connect vehicular and pedestrian circulation systems; allow for the meaningful integration of green space and recreation areas; and establish neighborhood identity and focus.

(d)

The standards and procedures established in these regulations are intended to be in accordance with the following objectives:

(1)

Allow variety and flexibility in land development necessary to meet changes in technology and demand.

(2)

Allocate, maintain and preserve common green space, recreation areas and facilities; offer neighborhood recreational opportunities; and enhance the appearance of neighborhoods through the conservation of natural resources.

(3)

Provide a maximum choice in the types of environment available by allowing development that would not be allowed by other zoning districts.

(Code 1992, § 27-892; Ord. No. 10-88, § 617, 3-1-1988; Ord. No. 80-90, § 1(2), 2-19-1991; Ord. No. 34-10, § 5, 2-15-2011)

(a)

The uses allowed in a Large-Scale Planned Unit Development District (PUD) may include any of the uses which are allowed by right in the underlying zoning district for the property where it is to be located, subject to any applicable provisions for each specific use in other sections of this chapter. Business office as a principal use may be allowed in Large-Scale Planned Unit Development Districts (PUD) on a property which has been assigned an industrial zoning district, provided the applicant provides substantial public benefits (which may include, but is not limited to, the creation of high-paying jobs. The term "high-paying jobs" means jobs which exceed the then current-year median Palm Beach County individual income levels).

(b)

Town council approval of a separate special exception application shall be required for those uses that are listed as a special exception in the underlying zoning district. Standards for allowing a mixture of residential, commercial or industrial uses in a planned unit development are provided in these regulations.

(Code 1992, § 27-894; Ord. No. 10-88, § 617, 3-1-1988; Ord. No. 80-90, § 1(6), 2-19-1991; Ord. No. 34-10, § 7, 2-15-2011)

(a)

The architectural style, materials, other treatments, etc., to be utilized within a planned unit development shall be considered by the town as part of the overall review process, pursuant to division 5 of article XI of this chapter. The architectural style to be included within a planned unit development shall be determined by the following:

(1)

Architectural renderings or elevations submitted as part of an application for planned unit development approval.

(2)

Architectural renderings or elevations of a different or more detailed nature than those submitted as part of an application for development approval when such renderings or elevations are utilized as an element of justification for approval of a project by the town.

(3)

Oral representations made to the town by or on behalf of an applicant regarding use of an architectural style or theme within a project.

(b)

If included as part of a planned unit development approval granted by the town, the architectural style must be utilized within the planned unit development. The architectural style requirement shall include colors, materials and other treatments associated with the overall project. Approved architectural style within a planned unit development shall be modified pursuant to section 27-1591.

(Code 1992, § 27-911; Ord. No. 10-88, § 617, 3-1-1988; Ord. No. 80-90, § 1(7), 2-19-1991; Ord. No. 34-10, § 8, 2-15-2011)

(a)

The town council may establish phasing requirements for the master plan for all planned unit developments.

(b)

Each planned unit development that is to be constructed in phases shall adhere to the following sequence, as applicable:

(1)

One or more major recreation facilities, that are planned to serve the entire development, shall be constructed prior to the issuance of building permits for more than 40 percent of the total dwelling units approved for the planned unit development.

(2)

No commercial building permits for a planned unit development in a residential zoning district shall be issued prior to the issuance of building permits for at least 40 percent of the total dwelling units approved for the planned unit development.

(c)

If the final master plan for the planned unit development is to be developed in phases requiring more than one plat, successive plats must be filed so that construction and development activity shall be of a reasonably continuous nature. If the Large-Scale Planned Unit Development District (PUD) or Small-Scale Planned Unit Development District (SSPUD) requires a development extension, the development extension period shall be granted based on the requirements of section 27-265.

(Code 1992, § 27-912; Ord. No. 10-88, § 617, 3-1-1988; Ord. No. 80-90, § 1(8), 2-19-1991; Ord. No. 34-10, § 9, 2-15-2011)

(a)

The town council shall grant final approval of the final master plan for a proposed planned unit development by the adoption of an ordinance after a duly-advertised public hearing.

(b)

The approval of a proposed planned unit development by the town council is a discretionary and legislative act. It is not mandatory that a proposed planned unit development be approved.

(Code 1992, § 27-913; Ord. No. 10-88, § 617, 3-1-1988; Ord. No. 80-90, § 1(9), 2-19-1991)

(a)

A planned unit development approval governs all property uses. However, the zoning district for a property with a planned unit development approval shall govern all property uses if the planned unit development approval expires after the 24-month time frame to commence development required by these zoning regulations or if the planned unit development approval is repealed by the town council.

(b)

A planned unit development application that is denied wholly or in part by the town council may not be resubmitted for a period of 24 months from the date of the denial, except for new evidence or proof of change in conditions.

(Code 1992, § 27-914; Ord. No. 10-88, § 617, 3-1-1988; Ord. No. 80-90, § 1(10), 2-19-1991; Ord. No. 34-10, § 10, 2-15-2011)

If required, a final plat of the final development plan of a Large-Scale Planned Unit Development District (PUD) shall be filed with the town's engineering division in accordance with the procedure set forth in this chapter and F.S. ch. 177, as they may be amended from time to time.

(Code 1992, § 27-915; Ord. No. 10-88, § 617, 3-1-1988; Ord. No. 80-90, § 1(11), 2-19-1991; Ord. No. 34-10, § 11, 2-15-2011)

Minor amendments to an approved planned unit development master plan or site plan may be approved by the director of the department of planning and zoning in consultation with other town staff, as appropriate. The following types of amendments are not considered to be minor, and therefore are subject to review by the town's planning and zoning commission and the town council, after public notice:

(1)

Any proposed increases in:

a.

The square footage to any building by more than 20 percent, excluding accessory structures and/or maintenance/storage buildings that are 2,000 square feet or less. If the addition is on a lot with a nonconforming lot size, then the maximum increase of additional square footage to any building shall not exceed 30 percent;

b.

The number of structures excluding accessory structures of 2,000 square feet or less;

c.

The number of accessory residential units in a nonresidential district which exceeds a total of three;

d.

The building height of any building as specified by the adopted master plan that results in increasing the number of stories, except if in conjunction with adding one accessory dwelling unit in a nonresidential district above the ground floor; or

e.

An existing building or buildings proposed to be removed and replaced with a new building or buildings of more than 15,000 square feet, regardless of the size of parcel.

However, any proposed reductions in the total square footage of any building, or in the number of structures, stories or units, as specified by the master plan or site plan, may be approved as minor amendments, subject to the provisions of subsection (5) of this section.

(2)

Significant changes that create cumulative impacts, including, but not limited to, increases in traffic, parking, additions of square footage, changes in uses, open space, recreation facilities and amenities, green space and/or other similar modifications which have the potential for a negative, adverse, or undesirable impact as determined by town staff.

(3)

Any change in a residential or mixed use zoning district, except as provided herein, in the adopted master plan or site plan that increases the density by more than five percent or ten dwelling units, whichever is less, except for an auxiliary dwelling unit. Rearrangement of uses or locations on a property may be approved by the director of the department of planning and zoning unless the proposed amendments conflict with a specified provision of the adopted planned unit development ordinance for the property.

(4)

Any increase in a project's traffic that exceeds the higher of the following criteria:

a.

One hundred gross daily trips; or

b.

One-half percent of the net two-way peak hour level of service "D" volume of the first directly accessed major thoroughfare, as defined in the transportation element of the town's comprehensive plan.

(5)

Any amendments which would significantly alter the character and/or the appearance of the development, or result in a significant decrease in the amount or quality of the approved amenities and/or public benefits of the development. Such amenities shall include, but not be limited to, pools, clubhouses, common parking areas for large vehicles and boats, exercise trails, public access to waters or beaches, marinas, boat docks, and recreation facilities.

(6)

Significant changes in architectural styles, colors, or building materials that are inconsistent with the approved master plans.

(7)

Changes to such items as a planned unit development phasing plan or developer control, that substantially impact the planned unit development.

(8)

For those resolutions and/or ordinances approved prior to August 19, 2008, any amendment that would modify any aspect or portion of the adopted site plan for which a specific condition was added at a public hearing by the town council. For resolutions and/or ordinances approved after September 9, 2008, any amendments that modify a specific portion of an adopted site plan for a condition of approval that states it can only be amended by the town council.

(Code 1992, § 27-916; Ord. No. 10-88, § 617, 3-1-1988; Ord. No. 80-90, § 1(12), 2-19-1991; Ord. No. 11-97, § 1, 3-4-1997; Ord. No. 26-08, § 5, 9-9-2008; Ord. No. 15-10, § 15, 9-21-2010; Ord. No. 34-10, § 12, 2-15-2011)

(a)

Significant construction of a planned unit development, as determined by the town council, is required to commence within 24 months after the date of town council approval of the planned unit development master plan. The planned unit development approval shall expire if such activity does not occur within that time period or no initiation of development occurs as defined in section 27-265(c)(4).

(b)

The owner or authorized representative of an approved planned unit development can request a time extension of up to six months to begin the development of the planned unit development. Such a request must be submitted in writing to the director of the planning and zoning department at least 30 days prior to the expiration date of the planned unit development. The director of the planning and zoning department can administratively approve a planned unit development time extension request or present it to the town council for its consideration, as appropriate. No more than two consecutive six-month extensions can be approved administratively.

(c)

The town council shall consider a proposed ordinance to repeal an expired planned unit development approval as soon after it expires as is practical. At least 30 days prior to such action being taken, the department of planning and zoning shall provide written notification of the proposed action to the current owner of the planned unit development property, as identified in the ad valorem tax rolls. The property owner will have an opportunity, during that 30-day time period, to demonstrate any substantial expenditures in furtherance of property development.

(Code 1992, § 27-917; Ord. No. 10-88, § 617, 3-1-1988; Ord. No. 80-90, § 1(13), 2-19-1991; Ord. No. 34-10, § 13, 2-15-2011)

(a)

Prior to the submission of a formal planned unit development application, the prospective applicant is required to schedule a preapplication conference with the town's department of planning and zoning to present a preliminary master plan for review. The preapplication conference should also address pertinent development matters, including, but not limited to, the following:

(1)

The proper relation between the anticipated project and surrounding land uses, and the effect of the proposed development on the town's comprehensive plan or stated planning and development objectives of the town, adjacent local governments or other appropriate government agencies.

(2)

The adequacy of existing and proposed streets, utilities, and other public facilities to serve the development.

(3)

The nature, design, and appropriateness of the proposed land use arrangement for the size and configuration of the property involved.

(4)

The adequacy of on-site or adjacent recreation and open space areas in existence or proposed to serve the development.

(5)

The ability of the subject property or surrounding areas to accommodate any contemplated future expansion of the planned unit development, if appropriate.

(b)

The required preapplication conference shall be at least 30 days prior to the submittal of the planned unit development application to the planning and zoning department.

(Code 1992, § 27-936; Ord. No. 10-88, § 617, 3-1-1988; Ord. No. 80-90, § 1(5), 2-19-1991; Ord. No. 34-10, § 14, 2-15-2011)

Following the preapplication conference, a planned unit development application can then be submitted by the applicant. All planned unit development applications shall be filed with the department of planning and zoning and in accordance with section 27-230(b)(1) through (4). The application, when submitted to staff, shall be accompanied by supporting documents, plans, reports, etc. as required by section 27-266.

(Code 1992, § 27-937; Ord. No. 10-88, § 617, 3-1-1988; Ord. No. 80-90, § 1(5E), 2-19-1991; Ord. No. 34-10, § 15, 2-15-2011)

In the event that the town staff determines that certain required application materials are already on file with the town, and are still accurate, or are not necessary in order to evaluate the application, the town staff may waive the requirement to submit same.

(Code 1992, § 27-938; Ord. No. 10-88, § 617, 3-1-1988; Ord. No. 80-90, § 1(5F), 2-19-1991)

The following general procedure shall be followed by the town in processing all planned unit development applications:

(1)

A planned unit development application which requires a public hearing shall not be presented to the planning and zoning commission or the town council until it is complete, in the opinion of town staff. Any discrepancies regarding such completeness between the applicant and town staff may be appealed in writing to the town council.

(2)

The planning and zoning commission shall conduct a public meeting regarding each application and proposed ordinance for a planned unit development requiring public hearing.

(3)

After the close of the public meeting conducted by the planning and zoning commission, the recommendation of the board shall be forwarded in writing to the town council. Such recommendation shall be for approval, modification or disapproval of the proposed ordinance and/or resolution for the planned unit development.

(4)

The town council, after receipt of the proposed ordinance and/or resolution, shall approve, modify or deny such ordinance and/or resolution at a public hearing. The town council may require such special conditions as it may deem necessary to ensure conformity with the intent of all town ordinances.

(5)

Master plans for Large-Scale Planned Unit Development District (PUD) applications shall be via adoption of an ordinance. Individual site plans for phased development as part of a Large-Scale Planned Unit Development District (PUD) shall be approved by a resolution.

(6)

Site plans for Small-Scale Planned Unit Development District (SSPUD) applications, which require the town council's approval shall be approved by a resolution, which shall constitute the development order. Those administratively approved and minor amendments to Small-Scale Planned Unit Development District (SSPUD) applications shall be approved by a development order.

(7)

Notice of the public hearing shall be provided consistent with the requirements of section 27-262 and shall be published in a newspaper of general circulation in the town at least seven days prior to the date of the first town council hearing.

(Code 1992, § 27-939; Ord. No. 10-88, § 617, 3-1-1988; Ord. No. 80-90, § 1(5G), 2-19-1991; Ord. No. 34-10, § 16, 2-15-2011)

In accordance with article III of this chapter, the application fee for processing all town zoning applications is established by a separate town ordinance. The applicant shall pay the application fee, as prescribed by ordinance, at the time of application filing. Such fee shall be used by the town to defer the cost of application review and public hearing advertisement.

(Code 1992, § 27-940; Ord. No. 10-88, § 617, 3-1-1988; Ord. No. 80-90, § 1(5H), 2-19-1991)

(a)

Each planned unit development application shall include certification that the services of two or more of the following professionals were utilized in the design or planning process for the preliminary master plan or site plan that is required to be submitted with the application:

(1)

An architect licensed by the state.

(2)

A civil engineer registered by the state.

(3)

A landscape architect registered by the state.

(4)

A land planner who possesses the education and experience to qualify for full membership in the American Institute of Certified Planners.

(5)

A land surveyor registered by the state.

(b)

Such services are necessary to ensure that the integrity of this chapter and other land development regulations are complied with in a manner that is both cost-effective and timely for the applicant and the town.

(Code 1992, § 27-941; Ord. No. 10-88, § 617, 3-1-1988; Ord. No. 80-90, § 1(5I), 2-19-1991; Ord. No. 34-10, § 17, 2-15-2011)

All planned unit developments are to be consistent with the goals, objectives and policies in the town's comprehensive plan, and platted in accordance with the town's regulations for approving subdivision plats.

(Code 1992, § 27-942; Ord. No. 10-88, § 617, 3-1-1988; Ord. No. 80-90, § 1(5J), 2-19-1991)

(a)

A minimum land area of ten contiguous acres is required for a site to qualify for a planned unit development.

(b)

The minimum land area requirement for a planned unit development may be waived by the town council if the parcel in question has unique characteristics, such as, but not limited to, the following:

(1)

Significant topographic change.

(2)

Significant trees or wooded areas, wetlands or poor soil conditions on portions of the property.

(3)

Watercourses or utility easements crossing the parcel.

(4)

Unusual shape or proportions.

(5)

Isolation from other undeveloped or developable lands.

(6)

Other unique physical characteristics, as may be determined to be appropriate by the town council.

Such waiver requests must be submitted in writing as part of the planned unit development application.

(Code 1992, § 27-961; Ord. No. 10-88, § 617, 3-1-1988; Ord. No. 80-90, § 1(5A), 2-19-1991; Ord. No. 34-10, § 18, 2-15-2011)

All land included within a proposed planned unit development shall be owned by or under the control of the applicant, whether the applicant is an individual, partnership or corporation, or a group of individuals, partnerships or corporations. The applicant shall present firm evidence of the unified control of the entire area within the proposed planned unit development. An approval of the planned unit development application by the town shall be based on the requirements that, if the planned unit development applicant proceeds with the proposed development, the applicant will:

(1)

Do so in accord with the officially approved final master plan or site plan for the planned unit development, and any other conditions or modifications as may be attached to it.

(2)

Provide agreements, covenants, contracts, deed restrictions or sureties acceptable to the town for completion of the undertaking in accordance with the adopted final master plan as well as for the continuing operation and maintenance of those areas, functions and facilities that are not to be provided, operated or maintained at general public expense.

(3)

Bind all development successors in title to any commitments made under subsections (1) and (2) of this section.

(4)

Secure written consents and agreements from all property owners of record within the planned unit development boundaries who have not joined in the planned unit development application that there is no objection to including their property in the overall planning process of the planned unit development.

(Code 1992, § 27-962; Ord. No. 10-88, § 617, 3-1-1988; Ord. No. 80-90, § 1(5B), 2-19-1991; Ord. No. 34-10, § 19, 2-15-2011)

(a)

Any tract of land for which a Large-Scale Planned Unit Development District (PUD) application is submitted shall contain sufficient width and depth to adequately accommodate its proposed use and design.

(b)

A Large-Scale Planned Unit Development District (PUD) shall have access to and from a publicly-dedicated arterial or collector roadway, as indicated in the future traffic circulation plan in the town's comprehensive plan. However, other appropriate access may be approved by the town council in response to a written waiver request.

(Code 1992, § 27-963; Ord. No. 10-88, § 617, 3-1-1988; Ord. No. 80-90, § 1(5C), 2-19-1991; Ord. No. 34-10, § 20, 2-15-2011)

Unless waived in accordance with section 27-1641, the following development regulations shall apply to a Large-Scale Planned Unit Development District (PUD), except in the Indiantown Road Overlay Zoning District (IOZ), Inlet Village Zoning District (IV) South, or Mixed Use Development District (MXD), where the development regulations for that district apply:

(1)

Front yard setback. The front or street setback for buildings and structures shall be the same as the setback required in the zoning district in which the property is located.

(2)

Other setbacks. The side and rear setbacks shall be those listed in the zoning district in which the property is located, unless a setback is reduced by a waiver by the town council. The town council may impose a greater setback to buffer adjacent existing uses and amenities.

(3)

Building height. The maximum building height for all buildings or structures in a planned unit development shall be the same as allowed by the zoning district in which the property is located.

(4)

Arrangement of uses. The residential portion of all planned unit developments shall indicate the buildable area or lots for all proposed residential structures on the master plan. The location of all proposed structures within the nonresidential portion of all planned unit developments shall be shown on the master plan for the planned unit development. The proposed location and arrangement of all structures, buildable areas or lots shall not be detrimental to existing or proposed adjacent dwellings or to the overall development of the surrounding area. Only general land use or master plans (e.g., bubble diagrams) are required for the planned unit development review process. For phased developments or developments with multiple parcels, individual site plans are required for each phase or parcel. The approval of an individual site plan shall be by resolution.

(5)

Layout, design. In the layout and design of the proposed planned unit development, the applicant shall consider and the planning and zoning commission and town council shall review for the provision of adequate light and air, traffic circulation, drainage patterns, pedestrian safety, emergency vehicle access and all other provisions normally provided for by the area and dimension regulations.

(6)

Perimeter uses. Structures or buildings that are to be located at the perimeter of the proposed development shall be appropriately set back from the perimeter and buffered from the adjacent incompatible uses.

(7)

Other vehicle parking. An applicant for planned unit development approval may be required to provide a specific area within the overall site to allow parking or storage of vehicles other than standard passenger automobiles. Parking of this nature shall include, but is not limited to, boats, recreational vehicles, trailers, travel trailers, vans, trucks and commercial vans or trucks.

(Code 1992, § 27-964; Ord. No. 10-88, § 617, 3-1-1988; Ord. No. 80-90, § 1(7A), 2-19-1991; Ord. No. 34-10, § 21, 2-15-2011)

(a)

In conjunction with the review process for a Large-Scale Planned Unit Development District (PUD) application and in accordance with the waiver criteria for planned unit development regulations, the town council may waive the standard zoning regulations for:

(1)

Minimum land area;

(2)

Site configuration;

(3)

Building setbacks;

(4)

Area and dimension requirements;

(5)

Type of dwelling unit;

(6)

Maximum height of buildings; provided, however, waivers shall be limited to the lesser of 15 feet above the district maximum or one additional story. Buildings that receive additional building height by incorporating under building parking shall not be eligible for a height waiver;

(7)

Parking and vehicle use areas;

(8)

Green space;

(9)

Landscaping;

(10)

Lighting;

(11)

Sidewalks;

(12)

Lot coverage;

(13)

Right-of-way width; and

(14)

Signage;

provided the spirit and intent of the zoning regulations are complied with in the total development of the planned unit development.

(b)

The applicant shall submit each waiver request in writing as part of the planned unit development application, fully explaining the nature of the request, the extent to which it departs from a standard zoning regulation, and the basis for which it is sought. The department of planning and zoning may request that the applicant provide additional information to substantiate or justify a waiver request.

(c)

The town staff may recommend requiring or increased requirements for one or more of the following, or others that may be appropriate, to help mitigate the potential impact of waiving any standard zoning regulation:

(1)

Landscaping;

(2)

Building setbacks;

(3)

Green space;

(4)

Environmental preservation areas;

(5)

Recreation or other public land;

(6)

Workforce housing units, as defined in the town's comprehensive plan.

(d)

The granting of waivers for a planned unit development shall be subject to review by the planning and zoning commission and to a finding by the town council that the spirit of these planned unit development regulations is complied with in the total planned unit development; that a more desirable living environment for the occupants of the planned unit development will be achieved; and that there is no detrimental effect on the general health, safety, convenience, comfort and welfare of the town residents.

(e)

The town council may, at its discretion, require adherence to the minimum requirements for the zoning district within certain portions of a planned unit development, if deemed necessary in order to maintain the spirit and intent of the zoning regulations.

(f)

The town council shall not consider any waiver requests until it has received an advisory recommendation from the town's planning and zoning commission.

(g)

The limitations in subsection (a)(6) above shall not apply to any site plan or development order approved by the town council or, administratively by the department of planning and zoning prior to December 7, 2021, the effective date of Ordinance 24-21.

Property owners whose properties have been destroyed by an Act of God, or otherwise, by more than 50 percent, may redevelop their properties at the same height previously approved, provided the town council finds that comparable substantial public benefits have been provided for the increased height.

However, in the event a property owner proposes the redevelopment of their property, or the amendment of a site plan or other development order approved by the town council or, administratively by the department of planning and zoning after December 7, 2021, the effective date of Ordinance 24-21, then the provisions of subsection (a)(6) shall apply.

(Code 1992, § 27-965; Ord. No. 10-88, § 617, 3-1-1988; Ord. No. 80-90, § 1(7B), 2-19-1991; Ord. No. 34-10, § 22, 2-15-2011; Ord. No. 24-21, § 2, 12-7-2021)

An increase in the residential density within a large-scale planned unit development may be approved by the town council provided it determines that the town is receiving substantial public benefit in exchange for increased density. Additional density may be granted as follows:

(1)

Town council approval of a planned unit development with residential uses may allow for a gross residential density of up to two dwelling units per acre above the maximum density normally allowed, as provided in the future land use element of the town's comprehensive plan, for the zoning classification in which the planned unit development is proposed to be located. Applicant's requesting a density bonus through this subsection shall not be eligible for density increases provided for in subsection (4) below.

(2)

Additional residential density may be approved for a planned unit development by utilizing a density bonus for the transfer of development rights, as prescribed in the town's comprehensive plan and zoning regulations.

(3)

An additional density bonus may be approved by the town council for workforce housing, based on the definition of such housing in the housing element in the town's comprehensive plan and on standards for such bonuses as may be adopted by the town council.

(4)

In accordance with Policies 1.3.11 and 1.3.12 of the Future Land Use Element of the Comprehensive Plan, the town council may approve an increase in density for properties having a future land use designation of Riverwalk Flex or Inlet Village Flex. In accordance with Policies 1.9.5 and 1.9.7 of the Future Land Use Element of the Comprehensive Plan, the town council may approve an increase in density for properties zoned with the U.S. One/Intracoastal Waterway Corridor zoning district. Applicants requesting a density bonus through this subsection shall not be eligible for density increases provided for in subsection (1) above.

(Code 1992, § 27-966; Ord. No. 10-88, § 617, 3-1-1988; Ord. No. 80-90, § 1(7C), 2-19-1991; Ord. No. 34-10, § 23, 2-15-2011; Ord. No. 24-21, § 3, 12-7-2021)

More than one land use is permissible in a Large-Scale Planned Unit Development District (PUD) only when the following standards are met:

(1)

Whenever mixed uses are proposed to be incorporated as part of a planned unit development, the mixed uses shall be compatible with the surrounding area and the remaining portion of the planned unit development, if applicable.

(2)

For the purposes of planned unit developments with mixed uses, the standard residential density in all commercial and industrial zoning districts shall be eight dwelling units per gross acre. Developers of residential uses in planned unit developments in such districts shall be entitled to apply for the residential density bonuses provided for in these planned unit development regulations and other town ordinances.

(3)

The mix of uses allowed in a planned unit development shall be limited as follows:

a.

In residential zoning districts. Planned unit development uses allowed in a residential zoning district are those allowed by right or with special exception approval in the residential zoning district, and commercial uses allowed by right or with special exception approval in the Commercial, Neighborhood District (C-1) classification. The commercial uses shall not exceed five percent of the total gross acres in the planned unit development.

b.

In commercial zoning districts. Planned unit development uses allowed in a commercial zoning district are those allowed by right or special exception approval in the commercial zoning district, and all uses allowed by right or with special exception approval in the town's residential zoning districts.

c.

In industrial zoning districts. Planned unit development uses allowed in an industrial zoning district are those allowed by right or with special exception approval in the industrial zoning district, and all uses allowed by right or with special exception approval in the town's residential and commercial zoning districts.

The provisions of this section shall not remove the necessity for town council approval, as required by the zoning district, of any special exception use that may be proposed to be established within a planned unit development.

(4)

A market study for all commercial uses in a proposed planned unit development in a residential zoning district and for all commercial uses over 100,000 square feet of floor space shall be submitted with the planned unit development application.

(5)

Commercial uses in a planned unit development in a residential zoning district are limited to convenience goods and services, and further, shall be limited to those commercial activities whose market is derived from no less than 70 percent of the proposed residential planned unit development of which the commercial uses are a part.

(6)

In order to encourage vehicular and pedestrian safety and discourage strip commercialization, all commercial sites in a planned unit development in a residential zoning district shall be centrally located within the planned unit development and shall not have direct frontage on an arterial roadway, as defined by the town's comprehensive plan, that is external to the planned unit development.

(7)

Adequate buffering between all nonresidential uses and surrounding residential properties is required, as determined by the town council.

(8)

The architectural style of the nonresidential structures in a planned unit development shall be similar to that of the residential portion of the planned unit development.

(Code 1992, § 27-967; Ord. No. 10-88, § 617, 3-1-1988; Ord. No. 80-90, § 1(7D), 2-19-1991; Ord. No. 34-10, § 24, 2-15-2011)

(a)

In accordance with the definition of green space in this chapter and as deemed appropriate by the town council, common green space improvements shall include that portion of the property covered and maintained with plant material in a permeable soil and limited stormwater areas. This shall include areas that have been revegetated following construction, preserve areas, certain stormwater areas, and those planting areas required by chapter 23.

(b)

All Large-Scale Planned Unit Development Districts (PUD) shall contain the following minimum area dedicated as green space for common and preservation use:

(1)

Planned unit developments in residential zoning districts: 35 percent.

(2)

Planned unit developments in commercial zoning districts: 15 percent.

(3)

Planned unit developments in industrial zoning districts: 15 percent.

(4)

Pro rata shares of the above percentages shall apply to mixed use developments.

(c)

Green space that is to remain in a natural state may also count toward meeting the town's environmental preservation requirements.

(Code 1992, § 27-968; Ord. No. 10-88, § 617, 3-1-1988; Ord. No. 80-90, § 1(7E), 2-19-1991; Ord. No. 34-10, § 25, 2-15-2011)

(a)

The town council shall have the right to determine what improvements, if any, are necessary to ensure the enjoyment, uses, safety, and general welfare of the occupants of the proposed development, and as such may require green space in excess of the percentage requirements contained herein if substantial portions of the applicant's green space is in nonusable areas or of such a nature as it is deemed by the town council as not meeting the recreational needs of the occupants of the planned unit development.

(b)

In determining what green space and recreational improvements will be necessary, the applicant and the town council shall consider the population to be served, availability and service capabilities of existing public recreation facilities in the town, and the general physical characteristics of the Large-Scale Planned Unit Development District (PUD) site.

(c)

If common green space is to remain in other than public ownership, final approval of the planned unit development master plan shall not be granted until permanent provisions for the management of such green space is determined. Permanent provisions for green space management shall be subject to review and approval by the town to ensure:

(1)

The retention into perpetuity of the common green space and the continued availability of the proposed use to all occupants of the planned unit development.

(2)

The adequacy of the techniques proposed for the ensured future maintenance of common green spaces.

As required by the town, such documents shall be submitted prior to final site plan approval or the issuance of a certificate of occupancy for a structure to be occupied for residential or nonresidential uses.

(d)

Where lands or interests in lands are proposed for common green spaces for sale or dedication to the town (or any other public body), review by the town attorney is required for:

(1)

The form of sale or dedication; and

(2)

Certification by the public body of intention to accept ownership of the land for the use proposed and in the manner proposed.

(e)

No final site plan approval shall be granted by the town council unless the plan or phase submitted for approval includes a like proportion of the area proposed for common green space.

(Code 1992, § 27-969; Ord. No. 10-88, § 617, 3-1-1988; Ord. No. 80-90, § 1(7F), 2-19-1991; Ord. No. 34-10, § 26, 2-15-2011)

(a)

All approved Large-Scale Planned Unit Development Districts (PUD) shall include land dedication or a cash payment in lieu of such dedication, at the discretion of the town, for public parks or recreation in accordance with the following requirements:

(1)

If recreation land dedication is desired by the town as appropriate, such land dedication shall be based on the projected population characteristics of the proposed planned unit development (See planned unit development application requirements for methodology parameters) and the standards for recreation land area in Table 1.

(2)

Justification for the recreation land dedication requirement shall be determined as part of the planned unit development application review process. This determination shall be based on the standards in this subsection and on an analysis of projected population for the proposed planned unit development, as described in the application requirements of these regulations. The analysis of recreation lands needs shall be prepared by the planned unit development applicant.

(3)

The minimum recreation land dedication required for a Large-Scale Planned Unit Development District (PUD) shall be one acre of contiguous land.

(4)

Lands proposed to be dedicated to the town for recreation purposes shall be located and in a condition that is usable in the opinion of the town council.

(5)

This requirement for recreation land dedication shall supersede a similar requirement in section 25-129.

Table 1. Recreation Land Area Standards

Source: State of Florida Department of Environmental Protection, Division of Recreation and Parks, Outdoor Recreation in Florida - 2008, Table E-5, Page 267, Tallahassee, Florida, October 2009.

(b)

In lieu of the required dedication of land herein, the town council, after review, may require the following in full or part substitution thereof:

(1)

In the event the proposed planned unit development, due to size or location, is determined to not be appropriate to a publicly-dedicated park or recreation area, the developer shall be required to provide a suitable alternate parcel of land within the town, which parcel shall be at least equivalent in value and of comparable size to the value and size of the sum total of land normally required for dedication in the proposed planned unit development. However, if the town council determines that the available alternate parcels of land which the developer may offer to the town are unsuitable for public parks or recreation, the developer shall then be required to provide a sum of money to the general fund of the town to be used only for acquiring lands for public parks, recreation, or open space, or improving recreation facilities on town-owned properties; the monies received shall be expended by the town whenever possible so as to provide the greatest and most direct benefits to the residents of the town.

(2)

The total sum of money required in lieu of dedicating land shall be determined by the amount of land normally required for dedication and the location thereof. The value thereof shall be determined by two MIA appraisers, one to be appointed by the town and one by the developer. The amount of money determined by averaging the two appraisals shall be paid by the developer to the town at the time of final approval of the planned unit development by the town council or as the town council may authorize. Each party shall bear the expense of the respective appraiser appointed.

(3)

In lieu of the appraisal method, the value of the land, at the option of the town council, may be determined by the total purchase price paid by the developer or to be paid by the developer as a contract vendee for the land as a bona fide purchaser. The sale of the land shall be within one year of the date of determination. The amount of money due from the developer shall be paid as provided above.

(c)

The town council may waive the requirement to dedicate recreation land or make a payment in lieu of dedication of such land when a planned unit development developer executes a development agreement with the town to provide affordable housing units, as defined in the town's comprehensive plan.

(Code 1992, § 27-970; Ord. No. 10-88, § 617, 3-1-1988; Ord. No. 80-90, § 1(7G), 2-19-1991; Ord. No. 34-10, § 27, 2-15-2011)

Any land areas in a Large-Scale Planned Unit Development District (PUD) that are to be dedicated for public use shall be conveyed to the town or other appropriate public body by deed. Such deeds for dedicating land to the town shall be approved by the town attorney prior to being executed and shall be recorded by the planned unit development developer in the county official records after being executed. The town's approval of a planned unit development shall indicate that the conveyance of land for public use shall either be a condition of building permit approval or a condition for issuance of a certificate of occupancy, and for any proposed development in the planned unit development in either case.

(Code 1992, § 27-971; Ord. No. 10-88, § 617, 3-1-1988; Ord. No. 80-90, § 1(7H), 2-19-1991; Ord. No. 34-10, § 28, 2-15-2011)