The city is governed by a city commission consisting of five (5) elected members, including a mayor as more particularly set forth in the City Charter. In addition to any authority granted the city commission by state law, City Charter or other regulations of the city, the city commission shall have the power and duty to act as the final decisionmaker with respect to certain types of applications and appeals. A table illustrating city commission authority is contained at section 23.2-9.

The city manager shall be the chief administrative officer of the City of Lake Worth, with ultimate authority over the implementation of the LDRs. The city manager has the authority to delegate this authority to city staff as necessary for the effective administration of the LDRs.

The office of the city attorney serves as the final authority with regard to legal issues involving interpretation and implementation of the LDRs.

The department for community sustainability coordinates the comprehensive review and approval process of all development within the City of Lake Worth. The department through its planning, zoning and historic preservation division is responsible for the implementation, administration and interpretation of the LDRs.

a)

Director for community sustainability. The director for community sustainability is the staff person responsible for the overall operations and management of the department for community sustainability.

b)

Development review official. The development review official is the staff person responsible for the review and recommendation for all applications for development permits regulated by the LDRs. The development review official makes the determination whether site plan review is required and if so whether it is a minor or major review. The development review official may also administratively adjust code provisions and regulations pursuant to specific authority of these LDRs. The development review official is also responsible for issuing written interpretations of these LDRs to applicants or other city departments.

c)

Community planner. The community planner serves as secretary and advisor to the planning and zoning board and is responsible for current and long range planning, review of proposed development applications, and maintaining and updating the city's comprehensive plan.

d)

Preservation planning coordinator. The preservation planning coordinator serves as secretary and advisor to the historic resources preservation board and is responsible for review of proposed development applications and certificates of appropriateness (COAs), administration of the city's certified local government (CLG) program, and maintaining and updating the city's historic resource survey.

(Ord. No. 2014-22, § 3(Exh. B), 9-9-14)

The building division provides supervision of construction activities, accepts building permit applications, verifies compliance with the Florida Building Code and issues building permits. The building official is responsible for the city's implementation of the Florida Building Code. The building official issues building permits and certificates of completion upon a determination of compliance with the city's regulations and these LDRs.

(a)

Powers and duties. The site plan review team reviews and makes technical recommendations to the development review official for the following applications: annexation, abandonment, site plan approvals, planned developments and text amendments.

(b)

Membership. The site plan review team members shall be members of the department for community sustainability and members of other departments as deemed appropriate by the city manager or the director for community sustainability, including but not limited to, the public services department, the utilities department and the police and fire agencies of the city.

(c)

Meetings. The site plan review team shall meet on an as-needed basis to process applications within the time required by these LDRs and without undue delay. Special meetings may be called by the director for community sustainability. The meetings shall be noticed.

(Ord. No. 2014-22, § 4(Exh. C), 9-9-14)

a)

Purpose. The historic resources preservation board ("HRPB") shall have the following purposes, which shall be complementary to and implemented in accordance with the responsibilities of the state historic preservation officer described in 36 C.F.R. 61.4(b):

(1)

To effect and accomplish the preservation, protection, perpetuation, enhancement and appropriate use of landmarks, and historic districts having a special historic, architectural, archaeological, aesthetic or cultural interest and value to the city, state and nation;

(2)

To promote the educational, cultural, economic and general welfare of the people and safeguard the city's history and heritage as embodied and reflected in landmarks, and historic districts;

(3)

To stabilize and improve property values in historic districts;

(4)

To foster civic pride and cultural stability through conservation of historic neighborhoods and business districts;

(5)

To strengthen and contribute to the stabilization of the economy of the city through the continued use, preservation, conservation and revitalization of its historic resources;

(6)

To protect and enhance the scale, character and stability of existing neighborhoods, and protect against the destruction of or encroachment upon areas which contribute to the special character of the city;

(7)

To protect and enhance the city's attractiveness to residents, business owners, tourists and visitors and serve as a support and stimulus to business and industry;

(8)

To enhance the visual and aesthetic character; diversity and interest of the city;

(9)

To provide a review process for the continued preservation and appropriate, compatible and sensitive development of new construction and additions to landmarks and structures within historic districts; and

(10)

To avoid unnecessary demolition of, or other adverse affects on, landmarks and historic districts which could cause an irreparable loss to the city, by requiring a city approval to demolish or otherwise alter historic resources prior to the city's granting of permits to proceed with the intended work.

b)

Members; terms; vacancies. The historic resources preservation board shall consist of seven (7) members. All members of the board shall be residents of or property owners in the city. Members of the historic resources preservation board shall serve without compensation. The seven (7) members shall be appointed by the city commission. All members of the board shall be appointed for a term of three (3) years. If any member of the board shall fail to be present at three (3) consecutive regularly scheduled meetings or at twenty-five (25) percent of the public meetings of the board held within any twelve-month period, the city clerk shall declare the member's office vacant and the city commission shall promptly fill such vacancy. Vacancies in the board membership by resignation, illness or other causes shall be filled by the city commission for the unexpired term of the member involved. Members of the historic resources preservation board may be removed from office by the city commission at its discretion. The board shall select its own chairman and vice-chairman annually at the first meeting in January. The city's preservation planner shall serve as secretary and advisor to the board.

To meet the requirements of the certified local government program and to carry out its responsibilities under this article, the membership of the HRPB shall include, to the extent available, members from the disciplines of architecture, architectural history, planning, archeology or related fields. At least two (2) members of the HRPB shall be experienced in the areas of real estate sales, land development, banking or law. One (1) member shall be from a professional discipline as described above and one (1) member shall be a citizen at large. The city commission shall determine whether or not the existing members of the HRPB meet the requirements of the certified local government program and may appoint up to two (2) additional members to the HRPB, if needed. Whenever a new member is appointed to the HRPB, the city commission shall consider the professional requirements of the new member to ensure that the requirements of the certified local government program are met. When necessary, persons serving on the HRPB shall attend educational meetings to develop a special interest, expertise, experience or knowledge in history, architecture, or related disciplines.

c)

Powers and duties. In general the HRPB shall have both advisory and decision making duties. These duties shall include, but are not limited to:

(1)

Conducting an on-going, and updating any existing, survey and inventory of historically, archaeologically, culturally, aesthetically, and architecturally significant properties, structures, resources and areas, which shall be compatible with the Florida Master Site File, and planning for their conservation and preservation;

(2)

Investigating potential landmarks and historic districts and recommending to the city commission those potential landmarks and historic districts which should be officially designated as individual landmarks and historic districts;

(3)

Investigating and recommending to the city commission those specific areas to be designated as historic districts and to identify those structures within them which should be considered to be contributing structures;

(4)

Making recommendations regarding regulating the alteration of, demolition of, relocation of, and new construction upon designated property;

(5)

Recommending adoption by the city commission of specific guidelines for alteration, construction, relocation, demolition or other changes to designated landmarks or property in designated historic districts;

(6)

Promulgating development guidelines and standards for architectural review which are consistent with the standards for rehabilitation which have been or may be established from time to time by the United States Secretary of the Interior;

(7)

Approving or denying, at a quasi-judicial hearing, applications for certificates of appropriateness for alteration, construction, demolition or relocation of landmarks or property within historic districts;

(8)

Working with and advising the federal, state and county governments and other departments and commissions of city government;

(9)

Advising and assisting property owners and other persons and groups, including neighborhood organizations, who are interested in historic preservation, and advising and assisting property owners in becoming eligible for federal, state and local tax abatement and other incentives for preservation of resources;

(10)

Initiating plans for the preservation and rehabilitation of individual historic buildings;

(11)

Reviewing capital improvement plans of the city, its agencies, and its agents or contractors for all projects in excess of ten thousand dollars ($10,000.00) which are within a historic district or which directly affect a designated landmark or landmark site;

(12)

Cooperating with and enlisting the assistance of persons, organizations, corporations, foundations and public agencies in matters involving historic preservation, renovation, rehabilitation and reuse;

(13)

Undertaking public information programs including the preparation of publications and the placing of historic markers;

(14)

Making recommendations to the city commission regarding the acquisition of or acceptance of development rights, façade easements, the imposition of other restrictions and the negotiation of contracts for the purpose of historic preservation;

(15)

Conducting public hearings to consider historic preservation issues, the designation of landmarks and historic districts, applications for certificates of appropriateness, and nominations to the National Register of Historic Places;

(16)

Periodically reviewing the city's land development regulations and recommending amendment or repeal of their provisions which are necessary to protect or conserve historic resources;

(17)

Testifying before all boards and commissions of the city, on any matter affecting historically, culturally or architecturally significant properties, structures and areas:

(18)

Recommending to the city commission properties which qualify for tax abatement and other incentives for historic preservation;

(19)

Reviewing applications for certain land development permits for designated landmarks or properties within historic districts located in the city zoning districts for consistency with this article, including:

a.

To review and decide applications for conditional uses and major site plan review. Upon completion of its review, the HRPB may approve the application as submitted; approve the application with reasonable conditions, limitations or requirements; deny the application for a specific reason(s); or postpone its decision pending submission of additional information which it determines is required to make its decision.

b.

To hear and decide appeals where it is alleged there is error in any order, interpretation, requirement, decision, or determination made by an administrative official in the enforcement of this chapter or of any ordinance adopted pursuant thereto that affects properties in the historic districts located in the city zoning districts. In hearing appeals, the board may, in conformity with the provisions of these LDRs, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or interpretation appealed from and may make such order, requirement, decision, or interpretation as ought to be made, and to that end shall have all powers of the officer from whom the appeal is taken. Appeals will be held based on the record made in the proceeding below.

c.

To authorize upon appeal in specific cases which do not involve use or density such variance from the terms of these LDRs as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the chapter will result in unnecessary hardship.

d.

To act as the local planning agency and review and recommend to the city commission applications for rezoning of properties and for amendments to the future land use map of the city's comprehensive plan.

(20)

Making such rules and regulations as it deems necessary for the administration of its duties;

(21)

Hearing and deciding appeals from decisions of administrative officials pursuant to this article, based on the record of the proceeding below; and

(22)

Such other duties and responsibilities as may be specifically delegated to it by the city commission.

d)

Meetings. The HRPB shall meet on the second Wednesday of each month. The meeting time may be set and amended as deemed necessary by the chairperson and the director for community sustainability. The presence of four (4) or more members shall constitute a quorum of the board. Matters to be voted upon by the board shall pass upon a vote of the majority of a quorum of the board; however, no such matters involving a historic designation, a variance, a waiver, a demolition or a planned development shall be adopted or approved except by an affirmative vote of at least three (3) members of the board. Applicants shall be given written notification of the HRPB's decisions. The HRPB shall prepare and keep on file available for public inspection a written annual report of its historic preservation activities, cases, decisions, qualifications of members and other historic preservation work.

e)

Procedures. In reviewing an application for any of the permits or certificates required by these LDRs, the HRPB shall be aware of the importance of imposing special conditions which will be reasonable for the property owner to carry out. Any conditions or requirements imposed shall be reasonably related to the permit or certificate sought or actually received by the applicant. Notice of the HRPB meetings shall be provided to the public and to interested property owners as provided in section 23.2-15. The HRPB shall conduct quasi-judicial hearings pursuant to section 23.2-16 of this article.

f)

Decisions and appeals. On rezoning, comprehensive plan and future land use map advisory matters, the HRPB shall submit its recommendation in a written report to the city commission, with a copy to the applicant and preservation planner, documenting each consideration substantiating the board's recommendation. On conditional uses, major site plans, variances and other matters for which the HRPB renders a decision, such decision shall be in the form of a written order, giving reasons therefor and including findings of fact. Denials shall include a citation to the applicable legal authority forming the basis for the denial. Should the applicant or an affected party decide to appeal the decision of the HRPB to the city commission, the applicant or affected party shall provide a notice of appeal to the development review official within fourteen (14) days of the issuance of the written decision. A formal written appeal shall thereafter be submitted to the development review official outlining the basis for the appeal within thirty (30) days of the HRPB's written decision. See also section 23.2-17 of this article.

g)

Staff. The HRPB shall receive assistance in the performance of its historic preservation responsibilities from the planning, zoning and historic preservation division of the department for community sustainability, which shall provide expertise in historic preservation or a closely related field. Other city staff members may be asked to assist the HRPB by providing technical advice or helping in the administration of its duties.

a)

Members; terms; vacancies. The planning and zoning board shall consist of seven (7) members. All members of the board shall be residents of or property owners in the city. members of the planning and zoning board shall serve without compensation. The seven (7) members shall be appointed by the city commission. All members of the board shall be appointed for a term of three (3) years. If any member of the board shall fail to be present at three (3) consecutive regularly scheduled meetings or at twenty-five (25) percent of the public meetings of the board held within any 12-month period, the city clerk shall declare the member's office vacant and the city commission shall promptly fill such vacancy. Vacancies in the board membership by resignation, illness or other causes shall be filled by the city commission for the unexpired term of the member involved. Members of the planning and zoning board may be removed from office by the city commission at its discretion. The board shall select its own chairman and vice-chairman annually at the first meeting in January. The city's community planner shall serve as secretary and advisor to the board.

To carry out its responsibilities under this article, the membership of the planning and zoning board shall include, to the extent available, three (3) members from the disciplines of architecture, landscape architecture, planning, real estate sales, land development, banking, law or related fields. Two (2) members of the planning and zoning board shall be citizen at large members. One (1) member shall be from a professional discipline as described above and one (1) member shall be a citizen at large. The city commission shall determine whether or not the existing members of the planning and zoning board meet these requirements may appoint up to two (2) additional members to the planning and zoning board, if needed. Whenever a new member is appointed to the planning and zoning board, the city commission shall consider the professional requirements of the new member to ensure that the requirements of this article are met. When necessary, persons serving on the planning and zoning board shall attend educational meetings to develop a special interest, expertise, experience or knowledge in urban design, planning, architecture, or related disciplines.

b)

Powers and duties. The planning and zoning board shall have both advisory and decisionmaking duties. Its advisory duties shall be primarily to suggest plans for the arrangement of the city with reference to its general improvement, growth demands, and the extension, improvement and changes in public utilities and city works; also with reference to transportation, streets, alleys, sidewalks, highways, waterfronts, seawalls, docks, wharves, public buildings, parks, playgrounds, city-owned property, and other such matters as may be of a municipal nature or lawfully under municipal jurisdiction. The duties and authority of the planning and zoning board shall not include any matter which is the responsibility of one (1) or more other city boards, unless the city commission specifically refers such matter to the planning and zoning board for recommendation. The planning and zoning board shall be the local planning agency, pursuant to F.S. Ch. 163, and as such shall review and recommend to the city commission all proposed changes to the comprehensive plan and these LDRs, including all rezonings, except where the historic resources preservation board acts in this capacity under these LDRs.

In addition to those advisory duties outlined above, the planning and zoning board shall have the following powers, which will be exercised by conducting quasi-judicial hearings:

1.

To review and consider applications for conditional uses and major site plan review. Upon completion of its review, the planning and zoning board may approve the application as submitted; approve the application with reasonable conditions, limitations or requirements; deny the application for a specific reason(s); or postpone its decision pending submission of additional information which it determines is required to make its decision.

2.

To hear and decide appeals where it is alleged there is error in any order, interpretation, requirement, decision, or determination made by an administrative official in the enforcement of this chapter or of any ordinance adopted pursuant thereto. In hearing appeals, the board may, in conformity with the provisions of these LDRs, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or interpretation appealed from and may make such order, requirement, decision, or interpretation as ought to be made, and to that end shall have all powers of the officer from whom the appeal is taken. Appeals will be held based on the record made in the proceeding below.

3.

To authorize upon appeal in specific cases which do not involve use or density such variance from the terms of these LDRs as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the chapter will result in unnecessary hardship.

4.

In reviewing matters brought before it pursuant to the provision of this section, the board generally shall not exercise authority or jurisdiction over matters which are specifically reserved to other officers, boards, or agencies of the city. Specifically, the board shall not have responsibility for review and approval of applications for conditional uses, major site plan review or variances or waivers for properties within the historic districts located in the city zoning districts.

c)

Meetings; quorum; required vote. The planning and zoning board shall meet on the first Wednesday of each month. The meeting time may be set and amended as deemed necessary by the chairperson and the director for community sustainability. The presence of four (4) or more members shall constitute a quorum of the board. Matters to be voted upon by the board shall pass upon a vote of the majority of a quorum of the board; however, no such matters involving a variance or a planned development shall be adopted or approved except by an affirmative vote of at least three (3) members of the board.

d)

Procedures. In reviewing an application for any of the permits required by these LDRs, the planning and zoning board shall be aware of the importance of imposing special conditions which will be reasonable for the property owner to carry out. Any conditions or requirements imposed shall be reasonably related to the permit or certificate sought or actually received by the applicant. Notice of the planning and zoning board meetings shall be provided to the public and to interested property owners as provided in section 23.2-15 of this article. The planning and zoning board shall conduct quasi-judicial hearings pursuant to section 23.2-16 of this article.

e)

Decisions and appeals. On advisory matters, the board shall submit its recommendation in a written report to the city commission, with a copy to the applicant and development review official, documenting each consideration substantiating the board's recommendation. On matters that the board renders a decision, such decision shall be in the form of a written order, giving reasons therefor and including findings of fact. Denials shall include a citation to the applicable legal authority forming the basis for the denial. Should the applicant or affected party decide to appeal the decision of the planning and zoning board to the city commission, the applicant or affected party shall provide a notice of appeal to the development review official within fourteen (14) days of the issuance of the written decision. A formal written appeal shall thereafter be submitted to the development review official outlining the basis for the appeal within thirty (30) days of the planning and zoning board's written decision. See also section 23.2-17 of this article.

(Ord. No. 1997-08, 4-23-97; Ord. No. 2014-02, § 3(Exh. B), 1-7-14)

Table 2-1. Review Authority Table

The foregoing Table 2-1 is illustrative with the text being controlling in the event of conflict or ambiguity between the text of these LDRs and the table.

(Ord. No. 2014-02, § 4(Exh. C), 1-7-14; Ord. No. 2014-22, § 5(Exh. D), 9-9-14)

a)

All applications for development approval under these LDRs shall be submitted on a form approved and provided by the department for community sustainability. The applicable fee shall accompany all applications. The applicant shall have a legal interest in the subject property as fee simple title owner, contract owner or lessee. All applications shall include sworn proof of ownership of the subject property or sworn proof that the applicant is authorized by the owner to act on the owner's behalf. The sworn proof forms shall be provided by the department for community sustainability. All plans and specifications included with an application shall be prepared by a qualified professional under the laws of the State of Florida to prepare such plans.

b)

All applicants with applications that require a public hearing shall schedule a pre-application conference with the department for community sustainability to discuss the nature of the application and its requirements and the timing of review and approval. Any other applicant may request a pre-application conference with the appropriate department for community sustainability.

Upon receipt of an application for development approval, the department for community sustainability shall, within ten (10) days, review the application to determine whether:

1.

All required information is provided in an acceptable format;

2.

The required fee is paid; and

3.

The information is technically competent to be reviewed.

If the application is determined to be incomplete, department for community sustainability shall notify the applicant of the deficiencies and the applicant shall either correct the deficiencies or withdraw the application.

a)

All applications shall be accompanied by an application fee sufficient to cover all costs associated with review and processing of the application. Such cost shall include, but not be limited to, cost of providing required public notice to affected property owners, and thorough planning, engineering, scientific or other professional reviews. The amount of the application fee shall be as set forth in a fee schedule adopted by resolution of the city commission and shall be available at the offices of the city clerk or the department for community sustainability.

b)

There is hereby imposed an administrative fee for the various costs incurred by city staff and outside consultants for the processing and review of applications, submissions, or requests concerning development, utilization, or improvement of property in the city. Such fee shall be equal in amount to the city's actual costs, in terms of staff and outside consultants' time expended in such review and processing, including advertising and similar directly related charges.

Once an application for development approval has been determined to be complete by the department for community sustainability, it shall be reviewed in accordance with the standards and requirements of these LDRs. Staff review shall be completed within ten (10) days of the determination of application completeness. Upon completion of the staff review, applications that can be approved administratively by city staff shall be finalized and the applicant notified. The applicant shall be notified in writing of the administrative determination and if it is for denial the notice shall include a citation to the legal authority that forms the basis for the denial. For all other applications city staff shall forward the application to the site plan review team or appropriate decision-making board for hearing in accordance with this article.

(Ord. No. 2014-22, § 6(Exh. E), 9-9-14)

(a)

Wherever it is necessary that two (2) or more lots, plots, or parcels of real property or portions thereof be combined, added or joined, in whole or in part, to meet minimum plot area, plot dimensions, on-site parking, or other applicable requirements of these LDRs, the application for a building permit shall be accompanied by evidence of recording a unity of title or unity of control declaration, as herein described, with the clerk of the circuit court of Palm Beach County. The evidence shall consist of a copy of the recorded unity of title or unity of control declaration, and such recording shall be a prerequisite to final approval of the application and issuance of a building permit.

(b)

All lots, plots, or parcels of real property or portions thereof to be combined, joined or added to, in whole or in part, under a unity of title or unity of control declaration shall be adjoining or may be separated by not more than four hundred (400) feet, and may be separated by an alley but not by a street or railroad track.

(c)

The unity of title declaration shall state unequivocally that the properties described therein are combined and shall be regarded as unified under one (1) title as an indivisible building site for the purpose of compliance with the applicable provisions of the City Code of Ordinances; that the property shall henceforth be considered as one (1) indivisible plot or parcel of land; and that no portion thereof shall be sold, conveyed or devised separately if the result of such sale, conveyance or devise will cause the building site to become nonconforming or noncompliant with any provision of the City Code of Ordinances. The parties to the declaration shall further agree that the declaration of unity of title shall constitute a covenant running with the land, as provided by law, and shall be binding upon the parties thereto and their heirs, successors and assigns, and all persons claiming under them until such time as the declaration may be released or amended by a properly authorized representative of the city. The parties to a unity of control declaration likewise shall agree that the declaration of unity of control shall constitute a covenant running with the land, as provided by law, and shall be binding upon the parties thereto and their heirs, successors and assigns, and all persons claiming under them until such time as the declaration may be released or amended by a properly authorized representative of the city.

(d)

The city manager is authorized on behalf of the city to release a unity of title or unity of control declaration. Such release shall be granted only when it is determined by the city manager that such declaration is no longer necessary or required. The city manager is further authorized on behalf of the city to approve amendments to an existing unity of title or unity of control declaration when necessary to correct errors, mistakes or changes in circumstances. A release of or amendment to a declaration of unity of title or unity of control shall be in writing and executed with the formalities required for recording in the official records of the county.

The procedures set out in this section shall be applicable to all public hearings required by any provision of these LDRs. In every case where a public hearing is required pursuant to these LDRs, city staff shall provide notice in the manner set out below or in F.S. § 166.041, as applicable. Table 2-2 illustrates the notice requirements of these LDRs.

Table 2-2. Notice Requirements

The foregoing Table 2-2 is illustrative with the text being controlling in the event of conflict or ambiguity between the text of these LDRs and the table.

a)

Publication. The requirements for this type of notice shall be as follows:

1.

Notice shall be published at least one (1) time in a newspaper of general circulation published in the City of Lake Worth, or in Palm Beach County, Florida, at least ten (10) days prior to the date of any required public hearing. The notice requirement shall be fourteen (14) days in the case of HRPB hearings to designate properties for historic preservation purposes.

2.

The notice of hearing shall state the date, time and place of the meeting; the titles of the proposed ordinances or a description of the substance of the matter being considered, including a clear identification of the location of a proposed landmark and the boundaries of a proposed historic designation; and the place within the city where the proposed ordinances or other materials may be inspected by the public. The notice shall also state that the public may appear at the meeting and be heard with respect to the matter.

3.

A copy of the notice shall be available for public inspection at City Hall during the regular business hours of the city.

4.

Failure to provide advertised notice as set forth in the foregoing notice requirements shall not affect any action or proceedings taken under this section unless such notice is required by Florida Statutes.

b)

Posting property. Where posted notice of an application for development approval is required by these LDRs, a sign shall be posted by the applicant on the subject premises in a prominent location and in a manner that is clearly visible from the street using a sign provided by the department for community sustainability. Such notice shall be posted at least ten (10) days prior to the date of the public meeting. After posting of the sign a photograph shall be taken for the file. Posted notice for meetings of the HRPB to consider designations shall be posted by the applicant for designation. The sign shall be posted in a prominent location upon the proposed property, or, in the case of a proposed historic district, along public streets at the outer boundaries of the proposed district, in such a manner as will assure that the signs will be seen by the public. The signs will be maintained by the applicant until such time as a final decision is made on the nomination. The signs will be removed by the applicant within ten (10) days of a final decision.

c)

Mailed courtesy notices. A courtesy notice of public hearing affecting specific property shall be given to all interested property owners as specified below. The notice shall be given only once prior to the first public hearing on the application.

1.

The applicant shall be responsible for compiling the list of all interested property owners and registered community organization and for mailing the courtesy notice, first class U.S. mail, to the interested property owners and registered community organization.

2.

Courtesy notices shall contain substantially the same information as is set forth in the agenda for the meeting.

3.

Courtesy notices of the proposed application will be mailed once at least ten (10) days prior to the first scheduled public hearing on the proposed application. Notice shall be mailed by first class mail and addressed to the owners of all properties located within a four-hundred-foot radius of the subject property or as deemed legally sufficient and appropriate by city staff for proposed application, and to registered community organizations. Applicant shall provide a certificate of mailing provided by the U.S. Postal Service.

4.

Notices shall be deemed effective when mailed to interested property owners and to registered community organizations as described above. Failure to receive such courtesy notice shall not affect any action or proceedings taken by the city hereunder.

5.

Notices for historic designations shall be as follows:

(A)

Generally. Notice by mail shall be provided at least fourteen (14) days before the hearing to all interested property owners as indicated below. For the purposes of notice, the current tax records of the Palm Beach County property appraiser shall be considered to be sufficient. The failure of any property owner to receive actual notice by mail shall not invalidate or otherwise have any effect on any public hearing or action taken by the HRPB or the city commission on an application for designation.

(B)

For individual landmark designations. Courtesy notice shall also be given by certified United States mail (return receipt requested) to each property owner of the proposed landmark, as found on the current tax records of the Palm Beach County property appraiser. In addition, each property owner whose property abuts or is contiguous to the lot perimeter of a proposed landmark is an interested property owner and shall receive courtesy notice by first class United States mail.

(C)

For historic district designation. Courtesy notice of the nomination process shall be given by first class United States mail to each property owner within the proposed historic district. Notice shall not be required for property owners outside the boundaries of a proposed historic district. The notice shall at a minimum inform landowners that:

(i)

Creation of a historic district will require city review of certain exterior changes to their property;

(ii)

If the historic district is created, owners will be required to obtain a permit called a "certificate of appropriateness" before certain exterior work is done on the property;

(iii)

The ordinance creating the historic district will contain certain requirements that must be met before any structure or building within the district can be altered, renovated, moved or demolished;

(iv)

Once the historic district is created, owners of qualifying property may be eligible for certain tax abatement and other incentives to encourage them to improve or restore historic properties;

(v)

An application for designation has been filed and may be inspected in the offices of planning, zoning and historic preservation division;

(vi)

A list of contributing (historic) and non-contributing (non-historic) structures has been compiled and may be inspected in the offices of the planning, zoning and historic preservation division. Contributing structures will be identified in the ordinance creating the historic district; and

(vii)

The date, time and place of any hearings or meetings of the HRPB which may be scheduled to discuss the application. Such notice shall not prohibit the HRPB or the city commission from holding other appropriately advertised meetings as necessary to consider the application without personal notice to owners.

d)

Neighborhood notice.

1.

Organizations that desire to be recognized as a registered community organization by the city shall register with the planning, zoning and historic preservation division by providing (1) the name of a contact person, (2) the name of the organization, and the type of organization such as a homeowner association or an issue-oriented interest group organization, and (3) the boundaries of its geographic area of concern. Organizations shall inform the city of any changes made to the information provided on its registration statement.

2.

Registered community organizations shall be provided mailed courtesy notice as set forth in subsection c) above.

(Ord. No. 2014-02, § 5(Exh. D), 1-7-14; Ord. No. 2016-13, § 3(Exh. B), 5-17-16; Ord. No. 2018-10, § 3(Exh. B), 7-17-18)

a)

In general. The provisions of this section apply to all quasi-judicial hearings held pursuant to these LDRs. Quasi-judicial hearings shall be conducted generally in accordance with the following order of presentation:

1.

Disclosure of ex parte communications and personal investigations pursuant to subsection h) below.

2.

Presentation by city staff.

3.

Presentation by the applicant.

4.

Presentation by affected party, if applicable.

5.

Public comment.

6.

Cross-examination by city staff.

7.

Cross-examination by the applicant.

8.

Cross-examination by affected party, if applicable.

9.

Questions by the decision-making body.

10.

Rebuttal or closing argument by the applicant.

11.

Closing of the public hearing.

12.

Deliberation by the decision-making body.

13.

Action by the decision-making body making reference to specific findings. In the case of denials a citation(s) shall be provided referencing the legal authority (e.g., code citation) forming the basis of the denial.

The chairperson, upon motion or by consensus of the decision-making body, may change the order of presentation. Each party shall have the right to call and examine witnesses, to introduce evidence/exhibits into the record, to cross-examine opposing witnesses on any relevant matter, subject to the rules contained herein, and to rebut evidence.

b)

Sworn testimony. The applicant, staff, and all participants requesting to speak shall be collectively sworn by oath or affirmation.

c)

Waiver by applicant. The applicant may waive its right to make a presentation if it agrees with the staff recommendation. The decision-making body may then take public comment and vote on the item, based upon the staff report and any other materials entered by staff from the official file into the record of the hearing.

d)

Decorum. The chair shall keep order, and without requiring an objection, may direct a party conducting cross-examination to stop a particular line of questioning that merely harasses, intimidates or embarrasses the individual being cross-examined; is unduly repetitious and not relevant; or is beyond the scope of the testimony by the individual being cross-examined. If the party conducting the cross-examination continuously violates directions from the chair to end a line of questioning deemed irrelevant and merely designed to harass, intimidate or embarrass the individual, the chair may terminate the cross-examination.

e)

Affected parties. Affected parties, as defined in section 23.1-12 (Definitions), (1) shall be allowed to present evidence, to produced witnesses, and to cross-examine witnesses produced by others; (2) may appeal final decisions of staff, HRPB, planning and zoning board, or city commission; and (3) may file suit to enforce the provisions of this article should the city fail or decline to do so. Notwithstanding the foregoing; however, in any suit brought by an affected party, the applicable circuit court shall determine whether the affected party has the requisite standing to bring suit. An affected party who wishes to participate as a party in the quasi-judicial hearing must fill out a city form and deliver it to the Department of Community Sustainability at least five (5) days before the hearing. Failure to follow the process shall be deemed a waiver and the affected party will not be allowed to participate in the quasi-judicial hearing.

f)

Deliberation. After the presentations, and at the conclusion of any continuances, the decision-making body shall deliberate on the application. Once the decision-making body begins its deliberations no further presentations or testimony shall be permitted except at the sole discretion of the decision-making body. The decision making body's decisions must be based upon competent substantial evidence in the record.

g)

Continuance. The decision-making body may, on its own motion continue the hearing to a fixed date, time and place. The applicant shall also have the right to one (1) continuance. Affected parties, whether individually or collectively, shall also have the right to one (1) continuance and irrespective of the number of affected parties, only one (1) continuance may be granted. The continuance can be for no longer than thirty-one (31) days, provided the request is to address neighborhood concerns or new evidence, to hire legal counsel or a professional services consultant, or the affected party is unable to be represented at the hearing. No more than one (1) continuance may be granted for all affected parties. The decision-making body will continue the hearing to a fixed date, time and place if applicable. However, all subsequent continuances shall be granted at the sole discretion of the decision-making body. Notwithstanding the foregoing, a continuance shall not be granted if to do so would delay a decision on an appeal from the HRPB regarding a certificate of appropriateness beyond the ninety-day requirement specified in section 23.2-17.

h)

Ex parte communications. Members of the decision-making body shall disclose on the record any ex parte communications and personal investigations regarding pending quasi-judicial decisions in accordance with applicable Florida law.

1.

Members of the decision-making body shall disclose on the record any ex parte communications, site visits, expert opinions sought, and personal investigations regarding pending quasi-judicial decisions prior to any final action on the matter.

2.

The substance of any ex parte communication shall be disclosed including the subject of the communication and the identity of the person, group, or entity with whom the communication took place.

3.

Any written communication shall be made part of the record.

4.

Any site visit, personal investigation or expert opinions received shall be disclosed and made part of the record.

5.

Pursuant to F.S. § 286.0115(1), the foregoing process removes the presumption of prejudice from ex parte communications.

i)

Official file. All written communication received by a decision-making body or staff concerning an application, the staff report on the application, any petitions or other submissions from the public, and all other documents pertaining to the application upon receipt shall be filed in the official file for the application, which shall be maintained by staff. The comprehensive plan and the City Code of Ordinances shall be deemed to be part of the official file. The official file shall be available for inspection during normal business hours.

j)

Record of the hearing. All evidence admitted into the record at the hearing, and the adopted development order of the decision making body shall be maintained by the city in a hearing file available for public review for a period of at least forty-five (45) days from the rendering of the decision.

k)

First reading. For all quasi-judicial matters which require more than one (1) reading, the first reading shall constitute the quasi-judicial hearing. If a decision is rendered to grant or grant with conditions the relief sought by the applicant, then the second reading shall be procedural in nature with the quasi-judicial body ratifying and affirming its prior decision. If new evidence is introduced which, if brought to the attention of the quasi-judicial body at the first reading, would have had a material impact on its decision, the quasi-judicial body may reopen the quasi-judicial hearing and give all parties the opportunity to address the new evidence.

(Ord. No. 2014-22, § 7(Exh. F), 9-9-14; Ord. No. 2020-14, § 2, 10-20-20; Ord. No. 2021-01, § 3(Exh. B), 4-20-21)

a)

To planning and zoning board and historic resources preservation board. An applicant may appeal a final decision of the development review official to the planning and zoning board or the historic resources preservation board, as applicable. The procedures set forth below and in subsection d) shall be followed.

1.

The applicant shall submit to the development review official, a notice of appeal within thirty (30) days of the official's written decision. The appeal shall be in writing on a form provided by city staff.

2.

The appeal shall be accompanied by the applicable fee and filed with the development review official.

3.

The appeal shall be based on the record evidence relied upon by the development review official in making his/her decision, which shall include submissions from the applicant.

4.

Notwithstanding the above, on appeals of administrative decisions regarding certificates of appropriateness, the process shall be guided by section 23.5-4(n)(1), which provides that a notice of appeal must be submitted within fourteen (14) days of the administrative decision, and that the administrative decision must be reviewed within sixty (60) days and may be reversed only if it was contrary to law or arbitrary and capricious.

b)

To city commission. Should an applicant for development approval or an affected party with demonstrated standing decide to appeal a decision of the planning and zoning board or the historic resources preservation board the procedures set forth below and in subsection d) shall be followed.

1.

The applicant or affected party shall submit to the development review official a notice of appeal within fourteen (14) days of the board's written decision.

2.

Thereafter, the applicant or affected party shall submit to the development review official in writing the basis for the appeal within thirty (30) days of the board's written decision; except appeals from decisions pertaining to variances shall be appealed directly to circuit court as described in subsection c). The basis of appeal must relate to the evidence and testimony presented to the planning and zoning board or the HRPB. The basis of appeal should include all evidence the appealing party would like to have the city commission review. New evidence is not allowed and shall not be considered.

3.

The appeal shall be submitted with a city application and the applicable fee and filed with the development review official. An affected party must have participated in the hearing before the planning and zoning board or HRPB to participate in an appeal before the city commission.

4.

The development review official shall forward the appeal, the staff report and other relevant documents reviewed at the planning and zoning board or HRPB meeting, and the board's decision to the city commission for review.

5.

The development review official may also have the right to appeal a decision of the planning and zoning board or the HRPB.

6.

After courtesy notice as provided in this article, the city commission shall conduct a hearing, and shall consider those applications on appeal from the planning and zoning board or the HRPB based on the record created at the planning and zoning board or the HRPB meeting. The considerations substantiating the decision of the city commission shall be discussed. The city commission shall convey its decision in writing to the applicant, affected parties, if applicable, and to the development review official.

7.

For appeals from the decisions of the HRPB regarding certificates of appropriateness, the city commission shall consider the appeal within ninety (90) days after the filing of the appeal. The city commission may uphold or reverse the HRPB's decision in whole or in part or remand with instructions for further consideration. A reversal of an HRPB decision, whether in whole or in part, shall require no less than four (4) votes of the full city commission or by no less than three (3) votes of those in attendance, and in accordance with section 23.5-4(n)(2), a reversal shall be rendered only if the city commission determines that the HRPB decision was contrary to law or arbitrary and capricious.

c)

To circuit court. Any person or persons, jointly or severally, or entity, aggrieved by the decision of the city commission, after first exhausting all administrative remedies, shall present to a circuit court a petition for issuance of a writ of certiorari pursuant to the Florida law. If a planning and zoning board or HRPB variance determination is being appealed and is a part of an overall order being appealed for certificates of appropriateness, site plans, etc., then the entire order shall be appealed to the circuit court and it is not necessary to exhaust administrative remedies by appealing any portion of the order to the city commission.

d)

Appeal procedure. Hearings on appeals shall be conducted generally in accordance with the following order of presentation, which may be adjusted by the chairperson. At these hearings no new evidence may be introduced and presentations will be limited to ten (10) minutes per party unless the time is extended by majority vote of the decision-making body.

1.

Disclosure of ex parte communications and personal investigations.

2.

Presentation by city staff.

3.

Presentation by appealing party.

4.

Presentation by applicant, if not the appealing party.

5.

Questions by the decision-making body.

6.

Closing of the public hearing.

7.

Deliberation by the decision-making body. The decision-making body shall be restricted to the record developed from the hearing before the appropriate board which shall include submissions from the applicant and affected party, if applicable. The standard of review for these deliberations shall be competent, substantial evidence unless indicated otherwise in these LDRs.

8.

Action by the decision-making body.

(Ord. No. 2020-14, § 3, 10-20-20)

a)

Authority for annexations. The boundaries and corporate limits of the City of Lake Worth now existing may be amended from time to time, as provided by law, to extend to the ultimate municipal boundaries as shown on the future land use map.

b)

Rule. The owner of land may seek the annexation of contiguous property under his ownership. The city may initiate an annexation of private property if said right has been delegated via provisions of a water service agreement or other agreement to that end. Further, the city may initiate annexation of property pursuant to Florida Statutes.

c)

Required information. A request for voluntary annexation shall be in the form of a petition to the development review official in which a request for annexation is made. The petition must identify the property to be annexed by legal description and must state the desired zoning. A voluntary annexation petition must be accompanied by a zoning or future land use application. In addition to information required for the zoning or future land use action, an exhibit, prepared by a licensed surveyor, which shows the points of contiguity, shall be provided. Requirements for non-voluntary annexations are found in the applicable sections of F.S. Ch. 171.

d)

Procedure. The voluntary annexation petition shall be considered with the application and shall be subject to these LDR procedures. For voluntary annexations, prior to second reading of the enacting ordinance by the city commission, notice of the annexation shall be published pursuant to Florida Statutes. All annexations require a recommendation of the planning and zoning board, and shall be processed pursuant to applicable requirements of F.S. Ch. 171.

e)

Findings. The planning and zoning board and city commission must make findings that the annexation is consistent with the comprehensive plan, including any proposed future land use map designation, and complies with F.S. Ch. 171.

f)

Public notice. Public notice shall be provided as required by these LDRs for the zoning or future land use map application and as provided for in F.S. Ch. 171.

g)

Zoning. At the time of a voluntary annexation, a zoning district shall be applied to the property in a manner consistent with the proposed future land use map designation and the comprehensive plan. To this end, a petition for voluntary annexation shall be processed concurrently with a zoning petition. Notwithstanding the foregoing, under unique circumstances as determined by the city commission a parcel of land may be annexed with county zoning and then be rezoned, at a later date for a zoning district more appropriate to the future land use map. The current county future land use map designation and zoning district shall remain in effect until adoption of city future land use map designation and zoning district for the property. The application for assignment of city future land use map designation or zoning district may be initiated by the city or the property owner.

a)

Conceptual review by staff. This section sets forth optional preliminary review processes for potential development. The purpose of this process is to provide a potential developer with an informal, nonbinding review and commentary on his proposal without the necessity of meeting normal submission and procedural requirements. Notwithstanding the provisions of this section, any person who wishes to informally discuss development concepts may do so by contacting the planning, zoning and historic preservation staff of the department for community sustainability to arrange for an appointment.

b)

Conceptual review by the planning and zoning board or the historic resources preservation board.

1.

Rule. A potential developer may request an audience before the appropriate board for an informal, non-binding, conceptual plan review of a potential development proposal. The request must be in writing and received at least twenty (20) days prior to a regularly scheduled meeting of the board.

2.

Submission requirements. The request shall contain, at a minimum, the following:

(a)

A letter stating the developer's interest in the property proposed for development and the proposed character of development;

(b)

A general location map and a survey or other representation of the property which identifies its general dimensions and character; and

(c)

A graphic representation of one (1) or more ways in which the developer wishes to develop the property.

3.

Non-binding review. The material provided by the potential developer shall be presented to the appropriate review board in the same manner and fashion as submitted to staff. The board shall review and comment on the development concept at a duly noticed public meeting. There shall be no action taken by the board nor shall there be any written report resulting from discussions at the meeting which may be construed to be a preliminary approval of the development concept.

(a)

A public neighborhood meeting shall be required for all planned developments, developments of significant impact, and Lake Worth Beach Community Redevelopment Agency sponsored new construction projects along the city's major thoroughfares as well as those utilizing the city's sustainable bonus incentive program, transfer development rights program and/or economic investment incentives.

(b)

Concurrent with submittal of an application for a development, project or incentive identified in paragraph (1), but before presentation to the city's planning and zoning board or the historic resources preservation board, the applicant shall hold a public neighborhood meeting, in accordance with the requirements of this section, to discuss the application for development.

(c)

Notice of the public neighborhood meeting shall be provided by the applicant and sent by regular first-class mail to all persons who, according to the most recent tax rolls, own property within four hundred (400) feet of the property proposed for development as well as to any neighborhood association whose boundaries include the proposed project. The notice shall also be posted prominently at the property to be developed as well as the city's website, the Lake Worth Beach CRA's website, if applicable, and other appropriate social media outlets and websites. The notice and an affidavit of notice affirming the notice requirements have been met shall be hand-delivered to the department for community sustainability. The notice shall be mailed, posted at the property, and hand-delivered to the city clerk and CRA office (as applicable) for website posting at least fifteen (15) days before the public neighborhood meeting. The expense of the mailed notices and posted notice at the property and public neighborhood meeting shall be borne by the applicant.

(d)

The notice shall provide the time, date, and location of the public neighborhood meeting as well as the applicant's (or applicant's representative) contact information including at a minimum an email address and phone number . The notice must also include the following statement: "No person may rely upon any comment made by any person during the public neighborhood meeting as a representation or implication that the application will be approved or disapproved in any form by the city."

(e)

The public neighborhood meeting shall be held at a location that is accessible to the public and which will reasonably accommodate the number of persons notified of the meeting. The meeting may be in person or a combination of in person and virtual.

(f)

The purpose of the public neighborhood meeting is informational only. While department of community sustainability staff and other city officials, advisory board members, and employees may attend and observe, they shall not participate and the meeting shall not be considered an official city meeting.

(g)

The procedures of the public neighborhood meeting must include the following:

(1)

The applicant shall discuss and answer questions regarding the following:

a.

The nature of the proposed development, including land use types and densities, as well as residential unit types; the placement of proposed buildings and other improvements on the site; the location, type and method of maintenance of open space and public use areas; the preservation of natural features; the proposed parking areas; the internal traffic circulation system, including trails; the approximate total ground coverage of paved areas and structures; and types of water and sewage treatment systems.

b.

Conformity of the proposed development with the comprehensive plan, the strategic plan, this chapter and other applicable regulations.

c.

Any variances, sustainable bonuses, development rights transfers, planned development relaxation, exceptions or waivers or other incentives being requested under the LDRs for the development as of the time of the meeting.

d.

Any direct and indirect public benefits associated with the project that support the requested sustainable bonuses, development rights transfers or other incentives being utilized under the LDRs for the development known at the time of the meeting.

e.

Any new city revenue projections associated with the project including but not limited to ad valorem taxes and utility revenues.

f.

Any provision of affordable or workforce housing including proposed unit types, estimated rental or sale parameters and projected commitment term.

g.

Estimate of development schedule.

(2)

The applicant shall also allow attendees to comment on the proposed development.

(h)

Minutes.

(1)

The applicant shall provide a summary and/or minutes of the public neighborhood meeting which shall include the following:

a.

Date and location of the meeting;

b.

Time meeting started and time meeting ended;

c.

List of attendees including appropriate contact information;

d.

Topics discussed;

e.

Proposed responses to topics discussed;

f.

Social media postings; and

g.

Project Website.

(2)

Minutes from the public neighborhood meeting, taken by the applicant, shall be promptly provided to the department for community sustainability. The city shall not conduct any public hearings on the development until the meeting minutes are received by the department. Copies of the minutes provided by the applicant shall be included in the back-up materials for the city's public hearing(s).

(Ord. No. 2022-06, § 2, 6-21-22; Ord. No. 2024-13, § 3(Exh. B), 11-19-24)

Editor's note— Ord. No. 2022-06, § 2, adopted June 21, 2022, set out provisions intended for use as § 23.2-20. Inasmuch as there were already provisions so designated, said section has been codified herein as § 23.2-19.1 at the discretion of the editor.

Any use listed as a permitted use in a zoning district may be permitted subject to obtaining a building permit and a certificate of occupancy or certificate of completion. Permitted uses within historic districts shall require a certificate of appropriateness, as described in section 23.2-24.

No person shall construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or any outside area being used as part of the building's designated occupancy or erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by the Florida Building Code, or cause any such work to be done, without first making application to the building official and obtaining the required permit for the work in conformance with then current edition of the Florida Building Code. All building permits shall be in conformity with these LDRs and any applicable development approval related to the parcel proposed for development.

Either a certificate of occupancy (CO) or a certificate of completion (CC) is required for all new construction, additions or when a change of use is desired. A CO or a CC can be issued by the department for community sustainability after all applicable final inspections are approved, all required documents are filed and all applicable fees are paid.

Chapter 14, Business Tax Receipts and Business Regulations, of the City Code of Ordinances requires that all property owners of commercial, industrial and residential rental properties obtain and maintain an annual use and occupancy certificate including property inspection. Any duly authorized and permitted business operation or residential rental property must have a valid, current business tax receipt to operate within the city.

A certificate of appropriateness (COA) is a written order issued by the city allowing specified alterations to, demolition of, new construction of, relocation of, or other changes to a designated landmark or to a building or structure within a designated historic district. Certificates of appropriateness are either approved administratively or approved after public hearing as provided in these LDRs. Procedures and standards for seeking a certificate of appropriateness are found in section 23.5-4 on historic preservation.

It shall be unlawful for any person to erect, alter, relocate or have within the city, any sign or other advertising structure without first obtaining a sign permit from the building official and paying the applicable fees. Application for a sign permit shall be made on forms provided by the department for community sustainability. Procedures and standards for obtaining a sign permit are found in section 23.5-1.

a)

General procedures. An application for a variance shall be made in writing upon and application form approved by the department for community sustainability, and shall be accompanied by applicable fees. Notice shall be by publication, mail and posting pursuant to the provisions in section 23.2-15. City staff shall review the application in accordance with these LDRs and prepare a report that summarizes the application and the effect of the proposed variance, including whether the application complies with each of the standards for granting variances stated below.

The staff report shall include written recommended findings of fact regarding the standards for granting variances. The staff report shall also provide a recommendation for whether the application should be approved, approved with conditions or denied.

Once the staff report is complete the applicant will be notified and furnished a copy of the report. The development review official shall schedule the application for hearing before the planning and zoning board or historic resources preservation board, as applicable, and provide the requisite notice in accordance with this article. A variance is authorized only for height, area, and size of structure or size of yards, parking requirements and other area requirements and open spaces. Establishment or expansion of a use or density otherwise prohibited or not permitted shall not be allowed by variance; nor shall variances be granted that are inconsistent with the City Charter.

b)

Required findings for approval. The power to grant any such variance shall be limited by and be contingent upon documentation that all required findings are made by the appropriate board as follows:

1.

Special circumstances or conditions exist which are peculiar to the land or building for which the variance is sought and do not apply generally to nearby lands and buildings, and that this is not the result of action of the applicant;

2.

The strict application of the provision of these LDRs would deprive the applicant of any reasonable use of the land or building for which the variance is sought;

3.

That the variance proposed is the minimum variance which makes possible the reasonable use of the land or building; and

4.

That the granting of the variance will be in accordance with the spirit and purpose of this chapter, and will not be unduly injurious to contiguous property or the surrounding neighborhood nor otherwise detrimental to the public welfare. In deciding appeals from decisions of the development review official or in granting variances, the decisionmaking board is authorized and required to impose any reasonable conditions and safeguards it deems to be necessary or desirable, and violation of such conditions or safeguards when made a part of the terms under which a variance is granted, shall be deemed to be a violation of these LDRs.

c)

Time limit for variances. Any variance granted under this section shall be subject to the time limits set forth in section 23.1-11 regarding building permits and section 23.2-37 regarding the expiration of development orders.

d)

Variance denial. Any variance denied under this section may not be brought back for consideration for at least twelve (12) months following the date of the result letter of the appropriate review body's decision.

(Ord. No. 2020-13, § 4(Exh. C), 10-20-20)

a)

Community residence. An applicant for a permit for a community residence may request that the planning and zoning board or the historic resources preservation board, as applicable, grant it a waiver from the distance requirements of these LDRs. See article 4 of these LDRs.

1.

An application for a waiver shall be made in writing upon and application form approved by the department for community sustainability, and shall be accompanied by applicable fees. City staff shall review the application in accordance with these LDRs and prepare a report that summarizes the application and the effect of the proposed waiver, including whether the application complies with the standards for granting a waiver.

2.

Notice of the public hearing before the appropriate board shall be by publication, mail and posting pursuant to the provisions in section 23.2-15. The applicant must provide substantial competent evidence to the board that a waiver is required in order to prevent practical difficulties in the siting of its community residence, and that it otherwise meets the requirements of the zoning district in which it is located. The board may grant the waiver, grant it with conditions, or deny the waiver.

3.

The applicant and any affected party may appeal the decision of the board to the city commission pursuant to section 23.2-17. A waiver becomes null and void and of no effect twelve (12) months from and after the date of its final approval.

b)

Historic district or landmark property. A waiver of land development regulations may be granted as part of a certificate of appropriateness for a property within a designated historic district or landmark property. See section 23.5-4 of these LDRs.

c)

A waiver of limited land development regulations relating to site development requirements only, and excluding use regulations, may be requested to certain sections or subsections of Chapter 23 - Land Development Regulations where it is expressly stated in that section or subsection that a waiver may be requested to specified provisions for approval by the applicable review board. A variance per section 23.2-26 shall be required for all other sections or subsections of Chapter 23 where is it not clearly indicated that a waiver or an administrative adjustment per section 23.2-28 may be requested. The waiver shall meet the following review criteria:

1.

The waiver requested is the smallest or minimum modification necessary.

2.

The waiver request shall not negatively impact adjacent property owners or protected land uses as described in section 23.1-12.

3.

The applicable review board has determined that the waiver is appropriate in massing, scale, visual impact and does not create noise, light or other impacts greater than similar improvements permitted in the immediate area.

4.

The waiver request supports the goals, objectives and policies of the City's Comprehensive Plan.

5.

The waiver request is supportive of currently permitted uses, and shall not create or increase a nonconformity with regards to use as described in section 23.5-3.

(Ord. No. 2023-06, § 3(Exh. B), 8-15-23)

a)

Administrative adjustments. The development review official may administratively adjust Code provisions and regulations for setbacks, landscape placement, driveway access, lot area, lot coverage for buildings, floor area ratio, and impermeable surface ratio by no more than five (5) percent, and parking by no more than ten (10) percent, where the development review official determines that a literal enforcement will result in unnecessary hardship and where additional amenities will be provided that will offset any deficiency. A deficiency includes, but is not limited to, addressing accessibility, meeting minimum housing standards, providing additional essential living space due to changes in familial status or affording substantially similar improvements to comply with Florida Building Code requirements.

1.

All existing structures that exceed the development regulations for building lot coverage, impermeable lot coverage, or floor area ratio (F.A.R.) may be expanded by right no more than ten (10) percent of the existing overall square footage. The up to ten (10) percent expansion by right shall be granted only once; any additional expansions shall have to meet the established standards for the granting of a formal variance and be reviewed by the appropriate decision-making authority.

2.

The development review official may administratively adjust Code provisions and regulations for establishing the front yard for all corner and multi-frontage lots, and to adjust setback, height, and location of fences fronting public rights-of-way to conform to the orientation of the structure in all residential zoning districts.

b)

Administrative use permits. Administrative use permits are required for certain uses that are generally compatible with other uses permitted in a district, but that require verification that all development-related standards and regulations have been met. In addition, any change of use shall be approved by administrative use permit. This paragraph sets forth findings for review and approval of administrative use permits. These findings are adopted to provide guidelines for the reviewing authority to follow in arriving at a final decision.

1.

Approval authority. The development review official, in accordance with the procedures, standards and limitations of this section, shall approve or deny an application for an administrative use permit after review and comment by the site plan review team (if applicable). The development review official's decision on an administrative use permit is final, but may be appealed to the appropriate regulatory board by the applicant or affected party, pursuant to section 23.2-17.

2.

General procedures. In accordance with sections 23.2-10 through 23.2-13, an application for an administrative use permit shall be made in writing upon an application form approved by the department for community sustainability, and shall be accompanied by applicable fees. The department for community sustainability shall review the application in accordance with these LDRs and prepare a result letter that summarizes the application and the effect of the proposed use, including whether the application complies with each of the findings for granting an administrative use permit stated below, and approve or deny the application as submitted.

3.

General findings relating to adherence with LDRs and comprehensive plan. Prior to approving any administrative use permit, the development review official shall find based on competent and substantial evidence that:

(a)

The proposed use or development conforms to the applicable provisions of the comprehensive plan.

(b)

The proposed use or development conforms to the applicable provisions of these LDRs.

(c)

The subject property is in compliance with all laws, regulations, and rules pertaining to uses, subdivision, and any other applicable provisions of the City Code, or can demonstrate previous approval of the existing nonconformity.

(d)

The proposed use or development will not generate traffic to a level higher than that of a use permitted by right for the site.

(e)

The required landscape buffering has been provided for project sites that are adjacent to properties that are zoned for residential use.

(f)

All activities of the use occur on site, or as permitted by separate permit as provided by code, such as but not limited to right of way permit or sidewalk café permit.

(g)

The proposed use makes adequate provisions for adverse impacts on protected land uses as defined in section 23.1-12.

4.

Additional requirements. Prior to approving any administrative use permit, the development review official shall ensure that the following requirements have been met:

(a)

Any and all outstanding code enforcement fees and fines related to the project site have been paid to the city.

(b)

Any previously imposed conditions of approval for the use at the site have been met, if applicable.

(Ord. No. 2014-02, § 6(Exh. E), 1-7-14; Ord. No. 2014-22, § 8(Exh. G), 9-9-14; Ord. No. 2018-10, § 4(Exh. C), 7-17-18; Ord. No. 2024-06, § 3(Exh. B), 5-21-24)

a)

Purpose and intent. Conditional uses are those uses that are generally compatible with the other uses permitted in a district, but that require individual review of their location, design, structure, configuration, density and intensity of use, and may require the imposition of conditions pertinent thereto in order to ensure the appropriateness and compatibility of the use at a particular location and to prevent or minimize potential adverse impacts to the surrounding area.

This section sets forth findings for review, approval, approval with conditions, or denial of conditional use permits. These findings are adopted to provide guidelines for the reviewing authority to follow in arriving at any conditional use decision.

Conditional uses set forth in these LDRs shall be deemed to carry the potential for adverse impacts to the public interest, thus requiring individual review and findings of fact before approval can be granted. In those instances when the decisionmaking authority determines that all findings for approval of a particular conditional use at a specific location have been met, then the decision making authority shall approve the use.

b)

Approval authority. The planning and zoning board or historic resources preservation board, as applicable, in accordance with the procedures, standards and limitations of this section, shall approve, approve with conditions, or deny an application for a development permit for a conditional use permit after review and recommendation by the development review official. The board's decision on a conditional use permit may be appealed to the city commission by the applicant or affected party, pursuant to section 23.2-17.

c)

General procedures. An application for a conditional use permit shall be made in writing upon an application form approved by the department for community sustainability, and shall be accompanied by applicable fees. Notice shall be by publication, mail and posting pursuant to the provisions in section 23.2-15.

The department for community sustainability shall review the application in accordance with these LDRs and prepare a report that summarizes the application and the effect of the proposed conditional use, including whether the application complies with each of the findings for granting conditional uses stated below and provide a recommendation for whether the application should be approved, approved with conditions, or denied.

Once the report is complete, the applicant will be notified and furnished a copy of the report, and the application shall be scheduled for hearing before the planning and zoning board or historic resources preservation board, as applicable.

d)

General findings relating to harmony with LDRs and protection of public interest. Prior to approving any conditional use permit, the decisionmaking authority shall find based on competent and substantial evidence that:

1.

The conditional use exactly as proposed at the location where proposed will be in harmony with the uses which, under these LDRs and the future land use element, are most likely to occur in the immediate area where located.

2.

The conditional use exactly as proposed at the location where proposed will be in harmony with existing uses in the immediate area where located.

3.

The conditional use exactly as proposed will not result in substantially less public benefit or greater harm than would result from use of the site for some use permitted by right or some other conditional use permitted on the site.

4.

The conditional use exactly as proposed will not result in more intensive development in advance of when such development is approved by the future land use element of the comprehensive plan.

e)

Specific findings for all conditional uses. Prior to approving any conditional use, the decisionmaking authority shall find that:

1.

The proposed conditional use will not generate traffic volumes or movements which will result in a significant adverse impact or reduce the level of service provided on any street to a level lower than would result from a development permitted by right.

2.

The proposed conditional use will not result in a significantly greater amount of through traffic on local streets than would result from a development permitted by right and is appropriately located with respect to collector and arterial streets.

3.

The proposed conditional use will not produce significant air pollution emissions, or will appropriately mitigate anticipated emissions to a level compatible with that which would result from a development permitted by right.

4.

The proposed conditional use will be so located in relation to the thoroughfare system that neither extension nor enlargement nor any other alteration of that system in a manner resulting in higher net public cost or earlier incursion of public cost than would result from development permitted by right.

5.

The proposed conditional use will be so located in relation to water lines, sanitary sewers, storm sewers, surface drainage systems and other utility systems that neither extension nor enlargement nor any other alteration of such systems in a manner resulting in higher net public cost or earlier incursion of public cost than would result from development permitted by right.

6.

The proposed conditional use will not place a demand on municipal police or fire protection service beyond the capacity of those services, except that the proposed facility may place a demand on municipal police or fire protection services which does not exceed that likely to result from a development permitted by right.

7.

The proposed conditional use will not generate significant noise, or will appropriately mitigate anticipated noise to a level compatible with that which would result from a development permitted by right. Any proposed use must meet all the requirements and stipulations set forth in section 15.24, Noise control.

8.

The proposed conditional use will not generate light or glare which encroaches onto any residential property in excess of that allowed in section 23.4-10, Exterior lighting.

f)

Findings for nonresidential conditional uses in residential districts. Prior to approving any nonresidential conditional use in any residential district and prior to approving any more intensive residential conditional use in a less intensive residential district, the decisionmaking authority shall find based on competent substantial evidence that:

1.

The location of the conditional use will not be hazardous nor inconvenient to the predominantly residential character of the area in which it is to be located, nor to the long range development of the district for the residential purposes intended.

2.

The size of the conditional use and the nature and intensity of the operations involved will not be hazardous nor inconvenient to the predominantly residential character of the area in which it is to be located, nor to the long range development of the district for the residential purposes intended.

3.

The location of the conditional use will not result in a small existing or planned residential area being isolated from other residential development by being completely or largely surrounded by arterial streets and nonresidential land uses.

4.

The design of buildings for commercial and office conditional uses in residential districts shall be in a manner similar to residential structures in the same general area or neighborhood. Such a finding shall be based on a consideration of the building mass, height, materials, window arrangement, yards and any other pertinent considerations.

g)

Additional requirements. Prior to approving any conditional use permit, the decisionmaking authority shall ensure that the following requirements have been met:

1.

Any and all outstanding code enforcement fees and fines related to the project site have been paid to the city.

2.

Any previously imposed conditions of approval for the use at the site have been met, if applicable, unless request for amendment of conditions is part of the current conditional use permit application.

h)

Conditions. The decisionmaking authority may impose such conditions in a development order for a conditional use that are necessary to accomplish the purposes of the comprehensive plan and these LDRs to prevent or minimize adverse impacts upon the public, the environment and neighborhoods, and to ensure compatibility, including but not limited to function, size, bulk and location of improvements and buildings, standards for landscaping, buffering, lighting, adequate ingress and egress, site circulation, and hours of operation. Conditions shall be included if conventional standards are inadequate to protect the public interest, surrounding land uses or if additional improvements are needed to facilitate a more thoughtful transition between different uses. The placement of conditions on the approval of a development order shall be the minimum conditions necessary in order for the proposed use to meet all necessary findings, as set forth in this section.

i)

Development regulations and site plan review standards. All conditional uses shall be subject to the development regulations applicable to the district in which they are located except when specific provisions of Article 4 establish different standards or when higher standards are set by these LDRs. All conditional uses shall be subject to the site design qualitative development standards set forth for site plan review in this article.

j)

Adherence to requiredconditions and safeguards. Conditions and requirements stated as part of the approval of a conditional use shall be a continuing obligation of the property owner unless and until the conditional use shall expire. The development review official shall make periodic investigations of developments authorized as conditional uses to determine compliance with all requirements.

The development review official may deny permission to continue a conditional use approval upon his determination that the conditions prescribed in the issuance of the original approval, including the requirement that the use be discontinued after a specified time period, are no longer met and that:

1.

Violations of conditions continue to exist more than thirty (30) days after an order to correct has been issued; or

2.

Violations of conditions have recurred after an order to correct has been issued and the violations have been corrected.

All plans, specifications and statements submitted with the application for a conditional use approval shall become, with any changes ordered by the decisionmaking authority, a part of the conditions of any approval.

k)

Expiration of conditional use approval. Any approval of a conditional use granted by the planning and zoning board, the historic resources preservation board or by the city commission shall be subject to the time limits set forth in section 23.1-11 regarding building permits and section 23.2-37 regarding the expiration of development orders.

(Ord. No. 2014-22, § 9(Exh. H), 9-9-14; Ord. No. 2020-13, § 4(Exh. C), 10-20-20)

a)

Intent. The intent of the site plan review provisions is to establish standards for development and provide review procedures which ensure compliance with these qualitative standards and with other regulations of these LDRs. Site plans shall be prepared in accordance with the qualitative site design requirements in section 23.2-31. Site plan review and approval shall be required for the following:

1.

Construction of all new structures, except principal and accessory structures associated with the use of a lot or parcel for single-family detached or two-family dwelling units.

2.

Modification of existing structures, except principal and accessory structures associated with the use of a lot or parcel for single-family detached or two-family dwelling units.

3.

Occupancy of an existing structure, where a change of occupancy requires additional parking, a site plan shall be required. Where a change of use does not require additional parking, an application so stating and signed by the development review official must be attached to the certificate of occupancy application file prior to the issuance of a certificate of occupancy.

4.

Modifications to parking, landscaping, open space, and impervious area that impact greater than five (5) percent of the site, except principal and accessory structures associated with the use of a lot or parcel for single-family detached or two-family dwelling units.

5.

Reconfiguration or modification of on-site circulation, except principal and accessory structures associated with the use of a lot or parcel for single-family detached or two-family dwelling units.

In the case of a site plan that is part of a master development plan for a planned development district, the procedures in section 23.3-25 shall apply.

b)

Determination if site plan review required. Prior to issuance of a building permit or a certificate of occupancy, the development review official shall determine if site plan review pursuant to the provisions of this section is required. If site plan review is required, the development review official shall notify the applicant of this determination.

c)

Determination of type of site plan review procedure application. Applications shall be submitted to the department for community sustainability. The development review official shall review development applications to determine if they require site plan review or approval as minor or major developments. If the application constitutes a major development, notice of the review by the appropriate board shall be given by publication, posting and courtesy mailing in accordance with the notice provision of this article.

1.

Major development shall include one (1) or more of the following:

a.

All development including new structure(s) or use area having more than seven thousand five hundred (7,500) square feet of floor area.

b.

An increase of more than twenty-five (25) percent of existing or approved parking spaces, or more than ten (10) parking spaces.

c.

Amendments to existing development or site plans, previously approved as a minor development, where the combined total of all site development (existing and proposed) meets or exceeds the thresholds for review as a major development.

d.

Amendments to existing development or site plans, previously approved as a major development, that change a phasing plan or developer control that would substantially impact the approval.

e.

Amendments to existing development or site plans, previously approved as a major development, that significantly change the approved building design as determined by the development review official, increase the building height of a structure by one or more stories, or modify the approved site plan by more than ten percent (10%) for one or more of the following:

1)

Density,

2)

Intensity (FAR),

3)

Impervious surface or parking area, or

4)

Landscape area.

2.

Minor development shall include all development that is not determined to be major development, which may include but is not limited to the following:

a.

Addition of awnings, canopies or ornamental structures; addition or modification of pool location or size; addition or modification of landscape areas or impervious areas; parking spaces and drives and driveways; modifications in stairs or elevations of decks, porches, terraces and fencing; or similar types of improvements;

b.

An increase of up to twenty-five (25) percent of existing or approved parking spaces, or more than ten (10) parking spaces;

c.

All development including new structure(s) or use area less than seven thousand five hundred (7,500) square feet in total, which are not determined to be major development by the development review official because it does not have the potential to negatively impact the surrounding neighborhood.

d)

Site plan review procedures for minor developments. The development review official shall consider and act on site plan review applications for minor developments following review by the city's site plan review team. The development review official may either approve; approve with any reasonable conditions, limitations or requirements; deny; or postpone consideration of any application pending submittal of additional information which may be required to make a determination. The development review official shall issue a written decision which shall be attached to the application for site plan approval. Each consideration substantiating the action of the development review official shall be included in the decision. The decision shall also include a citation to the legal authority on which a denial is based.

e)

Site plan review procedures for major developments. If the development review official determines that the application requires a major review, the application shall be forwarded to the site plan review team for review and, determination as to whether the application complies with applicable regulations. Once the development review officer has made a determination of compliance, the application will be scheduled for action by the planning and zoning board or the historic resources preservation board, as applicable. The board shall consider and act on site plan review applications for major developments. For all applications, the board may:

1.

Approve the application as submitted;

2.

Approve the application with any reasonable conditions, limitations, or requirements;

3.

Deny the application for specific reason(s); or

4.

Postpone consideration of any application pending submittal of additional information which may be required to make a determination.

The board shall issue a written decision which shall be attached to the application for site plan approval. Each consideration substantiating the action of the development review official shall be included in the decision. The decision shall also include a citation to the legal authority on which a denial is based. The decision of the board shall be final unless appealed to the city commission, as provided in section 23.2-17.

f)

Expiration of site plan approval. Any site plan approval shall be subject to the time limits set forth in section 23.1-11 regarding building permits and section 23.2-37 regarding the expiration of development orders.

g)

Compliance with LDRs required. In all cases requiring site plan review, no structure, or part thereof, shall be erected or used, or land or water used, or any change of use consummated, nor shall any building permit be issued, unless a site plan has been reviewed and approved, and in no instance shall the decision-making body modify the written standards of these LDRs in approving a site plan; except as provided for in this section.

h)

Violations. Failure to complete and continually maintain all approved elements of an approved site plan including landscape, appearance and other site development features, shall be a violation of these LDRs subject to enforcement and penalty procedure of the City Code of Ordinances.

(Ord. No. 2014-22, § 10(Exh. I), 9-9-14; Ord. No. 2014-31, § 2(Exh. B), 11-4-14; Ord. No. 2016-13, § 4(Exh. C), 5-17-16; Ord. No. 2020-11, § 5(Exh. D), 8-18-20; Ord. No. 2020-13, § 4(Exh. C), 10-20-20)

a)

Intent. It is the intent of this section to promote safety and minimize negative impacts of development on its neighbors by establishing qualitative requirements for the arrangements of buildings, structures, parking areas, landscaping and other site improvements. The qualitative standards are designed to ensure that site improvements are arranged in ways which cannot be otherwise accomplished with quantitative standards.

b)

Application. The site design qualitative standards set forth in this section shall apply to all development subject to site plan review under section 23.2-30, and to all conditional uses.

c)

Qualitative development standards.

1.

Harmonious and efficient organization. All elements of the site plan shall be harmoniously and efficiently organized in relation to topography, the size and type of plot, the character of adjoining property and the type and size of buildings. The site shall be developed so as to not impede the normal and orderly development or improvement of surrounding property for uses permitted in these LDRs.

2.

Preservation of natural conditions. The natural (refer to landscape code, article 6 of these LDRs) landscape shall be preserved in its natural state, insofar as practical, by minimizing tree and soil removal and by such other site planning approaches as are appropriate. Terrain and vegetation shall not be disturbed in a manner likely to significantly increase either wind or water erosion within or adjacent to a development site. Natural detention areas and other means of natural vegetative filtration of stormwater runoff shall be used to minimize ground and surface water pollution, particularly adjacent to major waterbodies as specified in chapter 12, health and sanitation, article V, fertilizer friendly use regulations. Fertilizer/pesticide conditions may be attached to development adjacent to waterbodies. Marinas shall be permitted only in water with a mean low tide depth of four (4) feet or more.

3.

Screening and buffering. Fences, walls or vegetative screening shall be provided where needed and practical to protect residents and users from undesirable views, lighting, noise, odors or other adverse off-site effects, and to protect residents and users of off-site development from on-site adverse effects. This section may be interpreted to require screening and buffering in addition to that specifically required by other sections of these LDRs, but not less.

4.

Enhancement of residential privacy. The site plan shall provide reasonable, visual and acoustical privacy for all dwelling units located therein and adjacent thereto. Fences, walks, barriers and vegetation shall be arranged for the protection and enhancement of property and to enhance the privacy of the occupants.

5.

Emergency access. Structures and other site features shall be so arranged as to permit emergency vehicle access by some practical means to all sides of all buildings.

6.

Access to public ways. All buildings, dwelling units and other facilities shall have safe and convenient access to a public street, walkway or other area dedicated to common use; curb cuts close to railroad crossings shall be avoided.

7.

Pedestrian circulation. There shall be provided a pedestrian circulation system which is insulated as completely as reasonably possible from the vehicular circulation system.

8.

Design of ingress and egress drives. The location, size and numbers of ingress and egress drives to the site will be arranged to minimize the negative impacts on public and private ways and on adjacent private property. Merging and turnout lanes traffic dividers shall be provided where they would significantly improve safety for vehicles and pedestrians.

9.

Coordination of on-site circulation with off-site circulation. The arrangement of public or common ways for vehicular and pedestrian circulation shall be coordinated with the pattern of existing or planned streets and pedestrian or bicycle pathways in the area. Minor streets shall not be connected to major streets in such a way as to facilitate improper utilization.

10.

Design of on-site public right-of-way. On-site public street and rights-of-way shall be designed for maximum efficiency. They shall occupy no more land than is required to provide access, nor shall they unnecessarily fragment development into small blocks. Large developments containing extensive public rights-of-way shall have said rights-of-way arranged in a hierarchy with local streets providing direct access to parcels and other streets providing no or limited direct access to parcels.

11.

Off-street parking, loading and vehicular circulation areas. Off-street parking, loading and vehicular circulation areas shall be located, designed and screened to minimize the impact of noise, glare and odor on adjacent property.

12.

Refuse and service areas. Refuse and service areas shall be located, designed and screened to minimize the impact of noise, glare and odor on adjacent property.

13.

Protection of property values. The elements of the site plan shall be arranged so as to have minimum negative impact on the property values of adjoining property.

14.

Transitional development. Where the property being developed is located on the edge of the zoning district, the site plan shall be designed to provide for a harmonious and complementary transition between districts. Building exteriors shall complement other buildings in the vicinity in size, scale, mass, bulk, height, rhythm of openings and character. Special consideration shall be given to a harmonious transition in height and design style so that the change in zoning districts is not accentuated. Additional consideration shall be given to complementary setbacks between the existing and proposed development.

15.

Consideration of future development. In finding whether or not the above standards are met, the review authority shall consider likely future development as well as existing development.

d)

Buildings, generally.

1.

Buildings or structures which are part of a present or future group or complex shall have a unity of character, style, integrity and design. Their architectural style(s) shall be clearly expressed and detailed appropriately to vocabulary of the style(s) and be of high quality in terms of materials, craftmanship and articulation. The relationship of building forms through the use, texture and color of material(s) shall be such as to create one (1) harmonious whole. When the area involved forms an integral part of, is immediately adjacent to, or otherwise clearly affects the future of any established section of the city, the design, scale, height, setback, massing and location on the site shall enhance rather than detract from the character, value and attractiveness of the surroundings. Harmonious does not mean or require that the buildings be the same.

2.

Buildings or structures located along strips of land or on a single site, and not a part of a unified multi-building complex shall achieve as much visual harmony and compatibility with the surroundings as is possible under the circumstances. The overall building fenestration, orientation, rhythm, height, setback, mass and bulk of an existing streetscape shall be respected. If a building is built in an undeveloped area, nine (9) primary requirements shall be met, including honest design construction, proper design concepts, appropriate use of high-quality materials, compatibility with the overall character of the city, appreciation of location, respectful transition, activation of the streetscape, building form(s) following proposed function(s) and overall sustainability.

3.

All façades visible to public or adjacent property shall be designed to create a harmonious whole. Materials shall express their function clearly and not appear foreign to the rest of the building. Facades shall have visual breaks every 75 feet at a minimum. The breaks shall be setbacks of either eight (8) inches or twelve (12) inches or more to create reveal lines or step backs on the façade and to add rhythm. Buildings in Lake Worth Beach typically have facades arranged in twenty-five-foot or fifty-foot increments. Breaks in facades also may be achieved through the use of differing but complementary and harmonious architectural styles. The massing elements of each façade shall have a height to width ratio approximating the golden ratio of 1.618, either vertically or horizontally.

4.

The concept of harmony shall not infer that buildings must look alike or be of the same style. Harmony can be achieved through the proper consideration of setback, floor to floor height, scale, mass, bulk, proportion, overall height, orientation, site planning, landscaping, materials, rhythm of solids to voids and architectural components including but not limited to porches, roof types, fenestration, entrances, and stylistic expression.

5.

Look-alike buildings shall not be allowed unless, in the opinion of the reviewing entity, there is sufficient separation to preserve the aesthetic character of the present or evolving neighborhood. This is not to be construed to prohibit the duplication of floor plans and exterior treatment in a planned development where, in the opinion of the reviewing entity, the aesthetics or the development depend upon, or are enhanced by the look-alike buildings and their relationship to each other.

6.

Buildings, which are of symbolic design for reasons of advertising, unless otherwise compatible with the criteria herein, will not be approved by the reviewing entity. Symbols attached to the buildings will not be allowed unless they are secondary in appearance to the building and landscape and are an aesthetic asset to the building, project and neighborhood.

7.

Exterior lighting may be used to illuminate a building and its grounds for safety purposes, but in an aesthetic manner. Lighting is not to be used as a form of advertising in a manner that is not compatible to the neighborhood or in a manner that draws considerably more attention to the building or grounds at night than in the day. Lighting following the form of the building or part of the building will not be allowed if, in the opinion of the board, the overall effect will be detrimental to the environment. All fixtures used in exterior lighting are to be selected for functional as well as aesthetic value.

8.

Building surfaces, walls, fenestration and roofs shall be compatible and in harmony with the neighborhood.

9.

"Take-out" or "pick-up" windows of retail or wholesale establishments shall not be located on a building façade that faces a public right-of-way, unless they are designed in such a manner as to constitute an aesthetic asset to the building and neighborhood.

10.

All exterior forms, attached to buildings, shall be in conformity to and secondary to the building. They shall be an asset to the aesthetics of the site and to the neighborhood.

11.

All telephones, vending machines, or any facility dispensing merchandise, or a service on private property, shall be confined to a space built into the building or buildings or enclosed in a separate structure compatible with the main building, and where appropriate and feasible, should not be readily visible from off-premises.

12.

Buildings of a style or style-type foreign to south Florida or its climate will not be allowed. It is also to be understood that buildings which do not conform to the existing or to the evolving atmosphere of the city, even though possessing historical significance to south Florida, may not be approved.

13.

No advertising will be allowed on any exposed amenity or facility such as benches and trash containers.

14.

Light spillage restriction. The applicant shall make adequate provision to ensure that light spillage onto adjacent residential properties is minimized.

15.

All buildings shall address both the public right-of-way and improve the overall pedestrian experience through the inclusion of the following components:

a.

Clearly articulated entrances,

b.

Expanses of fenestration at the ground level,

c.

Provision of shade through porches, awnings, galleries, arcades and/or loggias as well as other appropriate forms to the chosen architectural style(s),

d.

Integrated signage,

e.

Pedestrian scaled lighting,

f.

Buildings that define at least fifty (50) percent of the street frontage, and

g.

Openings that approximate a golden ratio of 1.618.

16.

All new buildings of seven thousand five hundred (7,500) gross square feet or larger shall incorporate design principles, practices and performance standards to achieve the following through a project proforma description and analysis prepared by the developer and verified by an independent third party:

a.

Overall ten (10) percent reduction in greenhouse emissions over the life of the building as compared to industry standards,

b.

Overall ten (10) percent reduction in carbon footprint during construction and operation of the building as compared to industry standards,

c.

Overall twenty (20) percent reduction in refuse stream during construction and operation of the building as compared to industry standards,

d.

Overall utilization of at least twenty (20) percent recycled materials and/or materials that are recyclable,

e.

Overall twenty (20) percent reduction in water usage during operation of the building as compared to industry standards,

f.

Efficient use of natural resources through use reduction, reuse, reclamation, and recycling,

g.

Incorporation of design features and uses that support multi-modal transportation options,

h.

Incorporation of appropriate safety features to ensure the security and comfort of both occupants and visitors,

i.

Incorporation of amenities that are conducive to enhancing community pride and social interaction, and

17.

In addition to the items enumerated above, all new planned developments shall strive to incorporate design elements, performance standards and/or specifications to enhance the public's awareness and appreciation of the community's commitment to the preservation and enhancement of the following sustainability qualities, values and principles:

a.

Cultural resources,

b.

Historical resources,

c.

Ecological/natural resources,

d.

Diversity and inclusion,

e.

Social justice,

f.

Economic investment,

g.

Neighborhood vitality,

h.

Sense of place,

i.

Education, and

j.

Recreation.

e)

Reserved.

f)

Signs. The aesthetic quality of a building or of an entire neighborhood is materially affected by achieving visual harmony of the signs on or about a surface as they relate to the architecture of the building or the adjacent surroundings. In addition to the mechanical limitations on signs imposed by article 5, supplemental regulations, the following aesthetic considerations must also be met:

1.

The scale of the sign must be consistent with the scale of the building on which it is to be placed or painted.

2.

The overall effect of the configuration or coloring of the sign shall not be garish. The colors shall not conflict with those of other signs already on the building or in the immediate vicinity.

g)

Landscaping. See article 6 of these LDRs.

h)

Criteria for parking lots and vehicular use areas.

1.

Parking lots and other vehicular use areas are to be designed as an aesthetic asset to a neighborhood and to the building, group of buildings, or facility they serve. A parking lot is to be considered an outside space; a transitional space that is located between access areas (such as roads) and the building, group of buildings or other outside spaces which it serves. The parking lot, because it is viewed from above as well as at eye level, should be designed accordingly.

2.

Parking lots, vehicular use areas, and vehicles parked therein are to be effectively screened from the public view and from adjacent property in a manner that is attractive and compatible with safety, the neighborhood and the facility served.

3.

The responsibility for beautification and design of a parking lot is the same as that which a homeowner has to his residential lot. The atmosphere within a parking lot or vehicular use area is to be as pleasant and park-like as possible, rather than a harsh stand of paving. Trees are of primary importance to the landscape and are not to be minimized in either height or quantity. Trees impart a sense of three-dimensional space in a relatively flat area. Trees cast shadows that help to reduce the monotony of an expanse of paving and create a refuge from the tropical sun. Signs designating entrances, exits and regulations are to be of a tasteful design and shall be subject to review by the board. Consideration may be given to use of pavement which is varied in texture or color to designate lanes for automobile traffic, pedestrian walks and parking spaces. Brightly colored pavement is to be used with restraint. In order to create a pleasant atmosphere, it is recommended that consideration be given to sculpture, fountains, gardens, pools and benches. Design emphasis is to be given to the entrance and exit areas of the lot. Trash, refuse and unaesthetic storage and mechanical equipment shall be screened from the parking lot.

4.

Lighting is to be designed for visual effects as well as safety and resistance to vandalism. Care should be taken not to create a nuisance to the neighborhood from brightness or glare. Low lights in modest scale can be used along with feature lighting emphasizing plants, trees, barriers, entrances and exits. The fixtures are to be selected for functional value and aesthetic quality. Fixtures should be regarded as "furniture of the parking lot" which are visible both day and night.

5.

Additional regulations for parking lots and vehicular use areas may be found in article 4, supplemental regulations.

i)

Required utilities. All construction of sanitary sewer collection facilities and water supply and distribution systems shall conform to the requirements of the Florida Building Code as amended and the Lake Worth Utilities Department construction standards, and the appropriate state governing agency. The water supply system within the development shall conform to the City of Lake Worth's fire rescue services provider requirements for fire protection.

j)

Design guidelines for major thoroughfares. The design standards for major thoroughfares may be adopted and amended from time to time by resolution of the city commission, and shall apply to the following properties:

1.

Property adjacent to Lake and Lucerne Avenues from the Intracoastal to Interstate 95 and within the Old Town Historic District;

2.

Lake Worth Road;

3.

Property adjacent to H, J, K, L, and M Streets within the Old Town Historic District;

4.

Property adjacent to 10th Avenue North from the east side of Dixie Highway west to Interstate 95;

5.

Property adjacent to 6th Avenue South from the east side of Dixie Highway west to Interstate 95;

6.

Property adjacent to Federal Highway from the south city limit to the south boundary of College Park; and

7.

Property adjacent to Dixie Highway from the south city limit to the north city limit.

k)

Storefront window treatments.

1.

All windows or openings of buildings located within the city's zoning districts including DT, MU-E, MU-FH, MU-DH, MU-W, TOD-E and TOD-W whereby the interiors of such buildings can be observed from the public streets or sidewalks, shall be treated or screened in the manner set forth below.

2.

All windows or openings of vacant buildings or buildings under construction located within all of the city's zoning districts including DT, MU-E, MU-FH, MU-DH, MU-W, TOD-E and TOD-W, which windows or openings can be viewed from the public streets and sidewalks and which expose the interiors of such buildings, shall screen the vacant interior of the building in which they are located.

3.

Window treatment or screening may be achieved by either constructing within the window or opening a pocket, equivalent in dimension to the dimension of the window or opening itself, and forty (40) inches or more in depth, or hanging curtains or utilizing interior shutters. The pocket shall be used for purposes of screening the interior of the building, and to provide an attractive display for those who can observe the window or opening from the streets or public sidewalks of the town. This pocket shall be decorated by featuring displays of the incoming tenant, or vignettes representing designs and merchandise of existing city merchants. The window glass shall be clean both inside and outside. It is advisable that the window shall be lighted at night.

4.

All windows or openings of businesses that are operational, vacant or under construction may not have storage materials, such as kitchen equipment, alcoholic beverage containers, stacked furniture, debris or packing materials visible from a public street or right-of-way. A window or opening of an operational business will be decorated with merchandise or screened from view with curtains or interior shutters.

5.

Any storefront both vacant or operational that has more than twenty-five (25) feet of frontage on a public sidewalk must provide a vignette display in at least one-half (½) of its available window space.

6.

Newspaper, printed paper or unpainted plywood will not be allowed in a window.

7.

No windows or openings of storefronts will utilize a mirrored reflective film. Films allowing light to pass through, but blocking ultraviolet light will be permitted. The intent is that interior displays will be visible from the right-of-way.

8.

An owner must comply with these specifications within seven (7) days of vacancy of a storefront.

9.

Penalties. Any owner of any building found to be in violation of this division shall be subject to general penalties as provided by law or to the provisions of the code enforcement board.

l)

Street wall. The purpose of the street wall is to complete the continuation of building walls along a street when a proposed development is not able to meet the maximum front setback (build-to) requirements from streets. Street walls shall not be utilized for new construction, except for inherently auto-centric uses such as gas stations and automobile drive-thrus. Utilization of a street wall in lieu of meeting front build-to line requirements shall require a waiver approval as described in section 23.2-27.c. Upon substantial enlargement, substantial improvement or new construction for principal buildings the following standards shall apply:

1.

Breaks may be permitted in the street wall to provide pedestrian access to the site and for the purpose of tree protection.

2.

Parking facilities shall be permitted at the rear or interior side of the principal structure, or street wall as approved by the appropriate review board. If parking is located to the rear of the street wall, then the street wall shall screen the parking area with a combination of wall and landscaping improvements.

3.

For existing nonconforming structures, a street wall may be utilized to meet the build-to line requirement provided that:

a.

The expansion of existing structure to meet the build-to line is not feasible as determined by the DRO.

b.

The expansion of the structure is less than twenty-five (25) percent of the existing building.

c.

The expansion does not increase any nonconformities. The front building line shall be maintained or modified to reduce the build-to line nonconformity.

d.

The street wall shall provide a base, middle, and top expressed with materials finished and wrapped on all façades facing a right-of-way. Street walls shall be designed in a manner to compliment the architecture of the site's structure(s).

e.

Street walls shall have visual breaks every seventy-five (75) feet at a minimum. The breaks shall be setbacks of either eight (8) inches or twelve (12) inches or more to create reveal lines or step backs on the façade and to add rhythm. The street wall shall be articulated by architectural details. Such details may include openings, canopies, awnings, changes in parapet height, material changes, projections, recesses, or similar features. A physical half wall with a pergola structure in combination with landscaping that creates a living green wall effect shall be encouraged.

f.

Use of durable, high-quality materials that are appropriate for the climate, such as stone, steel, glass, precast concrete, or masonry. Such materials and associated architectural features must wrap around all sides of the street wall that are visible from the public realm. Traditional stucco may be appropriate adjacent to historic districts. Street walls incorporating EIFS (Exterior Insulation Finishing System) or other faux-stucco finish for more than ten (10) percent of a street-facing façade do not meet this requirement.

m)

Community appearance criteria. The general requirements outlined in this section are minimum aesthetic standards for all site developments, buildings, structures, or alterations within the corporate limits of the city, except single-family residences. However, additions to existing buildings and sites shall be subject to review by the development review official for a determination regarding submission to the planning and zoning board or historic resources preservation board for review. All site development, structures, buildings or alterations to site development, structures or buildings shall demonstrate proper design concepts, express honest design construction, be appropriate to surroundings, and meet the following community appearance criteria:

1.

The plan for the proposed structure or project is in conformity with good taste, good design, and in general contributes to the image of the city as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas and high quality.

2.

The proposed structure or project is not, in its exterior design and appearance, of inferior quality such as to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value.

3.

The proposed structure or project is in harmony with the proposed developments in the general area, with code requirements pertaining to site plan, signage and landscaping, and the comprehensive plan for the city, and with the criteria set forth herein.

4.

The proposed structure or project is in compliance with this section and section 23.2-29, as applicable.

n)

Compliance with other requirements. The requirements of this section are in addition to any other requirement of the Code of Ordinances of the city, such as the building code. Approval by the decision-making body of a given set of plans and specifications does not necessarily constitute evidence of applicant's compliance with other requirements of the city code.

(Ord. No. 2013-51, § 6, 11-5-13; Ord. No. 2019-13, § 3, 12-3-19; Ord. No. 2020-07, § 3(Exh. B), 6-16-20; Ord. No. 2022-14, § 3, 10-6-22; Ord. No. 2023-06, § 4(Exh. C), 8-15-23)

a)

Preliminary review plans and specifications required. In accordance with section 23.2-30, Site plan review, plans and specifications as required herein shall be submitted to the development review official for preliminary review to determine if a particular project shall require site plan review. If it is determined that site plan review is required, then review in accordance with design criteria of section 23.2-31 shall also be required. The applicant shall submit complete plans and specifications in accordance with this section before the site plan review process may begin.

b)

Application requirements. Plans shall depict exterior elevations, designate construction materials, façade and roof treatments and the colors of each. Walls, lighting and other permanent structures and fixtures shall be designated. Landscaping materials shall be specified by name, together with information specifying height and spacing at time of planting. In addition to the above requirements, the applicant shall submit color renderings of the site plan and building elevations, complete with actual samples of the color treatments to be applied. Applicant shall submit photographs depicting the subject site as well as adjacent and surrounding properties, sufficient to enable the planning and zoning board or the historic resources preservation board to determine that the proposed structure would be appropriate to surrounding buildings and open areas, and in conformity with the existing as well as evolving atmosphere of the area. If, in the opinion of the development review official, the plans submitted do not furnish sufficient information to show the scope of the planned construction for which a permit has been requested, then there shall be furnished seven (7) sets of detailed plans and specifications for such proposed work including an electronic copy of all application materials plans. Both the plans and specifications shall be prepared by a registered architect or registered engineer, qualified under the laws of the state to prepare such plans and specifications and no permit for the project shall be issued until such plans (and specifications when required) have been approved.

c)

Major development site plan requirements. The major development site plan shall be drawn to a scale of not more than fifty (50) feet to the inch. Seven (7) copies of the site plan as well as an electronic copy shall be submitted by the applicant for the use of the appropriate city departments and boards. The plan, for the purpose of this section, shall include, but not necessarily be limited to, the following plans, designs, specifications and information:

1.

The exact property lines of the property for which site plan approval is requested, including existing street and right-of-way lines and survey and legal description of site prepared by a Florida-registered land surveyor, with impression seal;

2.

Adjacent properties on the same frontage, indicating the locations of buildings and structures on such adjacent properties, means of ingress and egress to such properties, off-street parking, loading and service areas, if any, for or on such properties, and any screening of buffers on such properties and the nature and type thereof;

3.

Location of present and proposed structures on the site;

4.

Location and dimensions of all required yards;

5.

Location of facilities for ingress and egress to the site, including existing and proposed curb cuts, if any, and proposed directions of traffic flow on the site and into and from public rights-of-way;

6.

Location and dimensions of off-street parking, loading and service areas;

7.

A drainage plan for the entire site;

8.

Location and dimensions of areas for service to the property and for refuse disposal and recyclable material collection and storage;

9.

Location of all utilities and easements;

10.

Landscape plans;

11.

Location and dimensions of all signs and exterior lighting facilities to be placed on the site;

12.

Samples of all paint colors and photographs shall be submitted in seven (7) copies as well as an electronic version as specified in these LDRs, when the plan proceeds to the planning and zoning board or the historic resources preservation board, as applicable.

d)

Minor development site plan requirements. Minor development site plans shall meet all the requirements and specification of this section except where such information is determined not to be required by the development review official.

e)

Plans and specifications required.

1.

Preliminary review plans and specifications required. In accordance with this article, plans and specifications as required therein shall be submitted to the development review official for preliminary review to determine that said plans and specifications appear to be in compliance with code requirements. The development review official shall determine if a particular project shall require site plan review. If it is determined that site plan review is required, then review in accordance with community appearance criteria shall also be required. Said plans and specifications shall be submitted for review in accordance with this section to determine whether aesthetic qualities of the structure are acceptable for the placement of the structure in the proposed area.

2.

Application requirements. Plans shall depict exterior elevations, designate construction materials, façade and roof treatments and the colors of each. Walls, lighting and other permanent structures and fixtures shall be designated. Landscaping materials shall be specified by name, together with information specifying height and spacing at time of planting. In addition to the above requirements, the applicant shall submit color renderings of the site plan and building elevations, complete with actual samples of the color treatments to be applied. Applicant shall submit photographs depicting the subject site as well as adjacent and surrounding properties, sufficient to enable the planning and zoning board or the historic resources preservation board to determine that the proposed structure would be appropriate to surrounding buildings and open areas, and in conformity with the existing as well as evolving atmosphere of the area. If, in the opinion of the development review official, the plans submitted do not furnish sufficient information to show the scope of the planned construction for which a permit has been requested, then there shall be furnished seven (7) sets of detailed plans and specifications for such proposed work as well as one (1) electronic copy of all application materials. Both the plans and specifications shall be prepared by a registered architect or registered engineer, qualified under the laws of the State of Florida to prepare such plans and specifications and no permit for the project shall be issued until such plans (and specifications when required) have been approved by all required entities.

3.

Review procedure, general requirements. The general requirements outlined in this section are minimum aesthetic standards for all site developments, buildings, structures, or alterations within the corporate limits of the city, except single-family residences. however, additions shall be subject to development review official review and determination regarding submission to community appearance review. It is required that all site development, structures, buildings or alterations to site development, structures or buildings show proper design concepts, express honest design construction and be appropriate to surroundings. Proper design concepts refers to architectural planning and to the analysis of the whole structure in terms of form and function as it relates to aesthetics and composition, color, materials and surface decorations. It includes scale in relationship to scale of adjacent buildings and landscape. It applies to the inner character of an individual project. It applies in the same manner to alterations and advertising on a project or building. The excuse that the area contains other unsightly buildings shall not be considered a valid defense. Honest design construction concerns proper design of all work and its details, the use of weather-resistant materials, and materials appropriate to the south Florida environment. The concept applies equally to advertising. Poorly designed work must be discouraged. Appropriate to surroundings does not mean uniformity in style or subordination to existing buildings, but rather bringing new buildings into an orderly relationship with landscape and nature, surrounding buildings and open areas. Scale and composition play an important role, as related to adjacent properties. Surroundings encompass not only the buildings within a neighborhood, but shall be considered the total "picture" of the neighborhood as a whole. Future surroundings must also be weighed. Advertising signs on buildings must be appropriate to the surroundings in the same way.

a)

Intent. The City of Lake Worth Beach Sustainable Bonus Incentive Program is intended to implement Objective 1.2.3 of the city comprehensive plan future land use element and provisions therein regarding a Sustainable Bonus Incentive Program. This incentive program offers the opportunity to attain an option for increased height, as provided in the comprehensive plan future land use element, an option for increased intensity (measured by floor area ratio (FAR)), and an option for increased density for a planned development (as specified in the Planned Development District section of the Land Development Regulations), and any combination thereof, within certain zoning districts in exchange for the incorporation of sustainable design features, community based improvements and overall design excellence as part of a development proposal.

b)

Purpose. The purpose of the Sustainable Bonus Incentive Program is to encourage the incorporation of sustainable design and development principles within new development and redevelopment projects to foster a more sustainable, economically vibrant, diverse community with an emphasis on high quality design and appreciation of the city's unique cultural, architectural, historical and natural resources.

c)

Application and review process.

1.

Application. All development proposals seeking the increased height above two (2) stories, or additional FAR, as each may be allowed in a zoning district, shall submit a sustainable bonus incentive application as provided by the department for community sustainability. The application shall accompany the standard City of Lake Worth Development Application for the development proposal. The sustainable bonus incentive application shall including all of the following:

(a)

A project fact sheet with building specifications including the bonus height or bonus intensity proposed. The number of square feet on each story of all proposed buildings that are above the first two (2) stories and the number of square feet that are sought for the bonus floor area ratio shall be specifically delineated.

(b)

A summary of each of the proposed on-site and off-site features or improvements, and the market value of each, which are proposed to qualify for the incentive program. See subsection d) for qualifying features and improvements.

(c)

If a project is to utilize the LEED certification or Florida Green Building feature or other nationally recognized and accredited sustainable rating program, a security or performance bond acceptable to the city must be posted at the time of the permit which is equal to the value of the feature(s), and shall serve as a means to ensure that the certification is granted. Following official certification of the project, the city shall release the security or performance bond. If the project fails to be certified within a reasonable time after the construction of the building, the city shall utilize the security or bond to collect an in-lieu fee as provided in subsection d) below.

(d)

Any other additional information to ensure the timely and efficient evaluation of the project by city staff to ensure that the requirements of the incentive program are being met.

2.

Review/decision. The development review official shall review the application along with the zoning approvals otherwise required of the development proposal under these LDRs. Development applications that require further review or approval by a decisionmaking board shall also include the development review official's recommendation regarding the award of bonus height or intensity (the "incentive award") under the program. Any decision on the incentive award shall be made by the planning and zoning board, the historic resources planning board, or the city commission as applicable. A decision on an incentive award may be appealed under the procedures applicable to the development application with which it is associated. No waiver or variance may be granted regarding the incentive award. The award of bonus height or intensity under this program shall be based on the following criteria:

(a)

Is the award calculated correctly, consistent with the square footage and height requested and the value of the features and improvements included in the development proposal; and

(b)

Do the proposed on-site features or improvements adequately provide sustainable project enhancements, beyond those otherwise required by these LDRs for the development proposal, that are attainable and reasonable in the context of the proposed project; and

(c)

Do the proposed off-site improvements meet the priorities of the city for community sustainability; and

(d)

Do the proposed features, improvements or fees in-lieu meet the intent of the Sustainable Bonus Incentive Program?

d)

Qualifying sustainability features or improvements. The following features or improvements may qualify for the incentive award of either bonus height or intensity, or both. In order to qualify for each incentive award under subsections 1.(d) through 1.(h), the total value of the qualifying features or improvements must equal at least the amount of the fee-in-lieu established by the city commission pursuant to subsection e) below.

1.

On-site features or improvements.

(a)

LEED certification or other nationally recognized and accredited sustainable rating program shall entitle the applicant to one hundred (100) percent of the incentive award regardless of the number of additional stories or additional square feet above the initial two stories.

(b)

Florida Green Building certification shall entitle the applicant to fifty (50) percent of the incentive award regardless of the number of additional stories or additional square feet above the initial two stories.

(c)

Incorporation of a historic building or structure designated on the National Register of Historic Places or listed within the Lake Worth Register of Historic Places shall entitle the applicant to 50 percent of the incentive award regardless of the number of additional stories or additional square feet above the initial two stories.

(d)

Higher quality or additional open space beyond the requirements of the code.

(e)

Higher quality or additional landscaping beyond the requirements of the code.

(f)

Public amenity such as a law enforcement substation, cultural gallery, public plaza, community meeting space, library, or garden.

(g)

Public parking garage.

(h)

Other project components open to the public, or offering a direct community benefit meeting the intent of the comprehensive plan, which are similar to those listed as part of the USGBC's LEED for neighborhood development program, or which include elements of sustainable design such as:

i.

Low impact development and green infrastructure.

ii.

Natural resource conservation/sensitive lands protection.

iii.

Water conservation measures.

iv.

Solid waste and recycling.

v.

Floodplain management.

vi.

Coastal hazards.

vii.

Character and aesthetic excellence.

viii.

Urban form and density.

ix.

Historic preservation.

x.

Transit oriented development.

xi.

Complete streets.

xii.

Bicycle mobility systems.

xiii.

Pedestrian mobility systems.

xiv.

Public transit.

xv.

Public parking.

xvi.

Workforce housing.

xvii.

Community health and safety.

xviii.

Housing diversity and accessibility.

xix.

Food production and security.

xx.

Renewable energy.

xxi.

Energy efficiency and conservation.

xxii.

Noise reduction.

xxiii.

Lighting mitigation (night sky).

xxiv.

Vista or viewshed preservation and protection.

2.

Off-site improvements. Improvements located offsite the parcel or lot, as described in subsection 1.(d) through 1.(h), above.

e)

Fee in lieu of features or improvements. In lieu of providing on-site or off-site features or improvements for an award under this program, the applicant may opt to pay a fee to the city to be used as provided herein. The city commission by resolution shall establish the fee that shall be provided by all applicants under this Sustainable Bonus Incentive Program, at the applicant's option, in lieu of on-site features or improvements or off-site improvement, to obtain an award under this program. The in-lieu fee shall not be less than five dollars ($5.00) per square foot, except for the established incentive rate for the Industrial Park of Commerce, and not more than twenty dollars ($20.00) per square foot, and shall be reviewed annually by the city commission. All such fees collected shall be held with a sustainability bonus incentive trust account, and shall be managed separately and independently of any other city funds. The fees shall be expended only on capital projects that enhance community sustainability, which capital projects shall be established annually by resolution of the city commission. The capital projects may include, but shall not be limited to:

1.

Acquisition and development of public open space.

2.

Acquisition and development of public parking facilities including public parking and garages.

3.

Provision of transit improvements at the city's public transit stations.

4.

Acquisition and development of public recreation sites and facilities.

5.

Design and construction of streetscape improvements along the city's commercial corridors and gateways.

6.

Provision of public bus shelters along the city's commercial corridors and gateways.

7.

Installation of street lighting and pedestrian improvements along the city's commercial corridors and gateways.

8.

Installation of street trees and improvements to overall city tree canopy.

9.

Installation of citywide way finding and promotional signage.

10.

Acquisition of preservation and conservation easements for environmentally or ecologically sensitive lands.

11.

Acquisition of preservation easements for historically or architecturally significant structures or sites.

12.

Purchase and installation of public art.

13.

Any other projects that may be identified to provide an overall community benefit, related to enhanced quality of life, aesthetics and sustainability, for the city and its residents and businesses.

(Ord. No. 2018-10, § 5(Exh. D), 7-17-18; Ord. No. 2019-14, § 2(Exh. A), 12-3-19)

a)

Purpose. The purpose of this section is to implement a procedure for processing requests for reasonable accommodation to the City's Code of Ordinances, regulations, rules, policies, practices, services, programs and activities for qualified persons with disabilities as required by the Federal Fair Housing Act ("FHA"), Americans with Disabilities Act ("ADA") and Rehabilitation Act ("RA"). Any qualified person with disabilities may request a reasonable accommodation with respect to the City's Code of Ordinances, regulations, rules, policies, practices, services, programs or activities, or LDRs, pursuant to the procedures set out in this section.

b)

Definitions.

1.

"Qualified person with disabilities" means an individual that meets the definition of a "qualified individual with a disability" under the ADA (42 U.S.C. 12131); "individual with a disability" under the RA (29 U.S.C. 705); a person with a "handicap" under the FHA (42 U.S.C. 3602); or, a "qualifying entity" under this section.

2.

"Qualifying entity" includes but is not limited to an entity that meets the definition of a sponsoring agency pursuant to F.S. § 419.001.

c)

Application. A request by a qualified person with disabilities for reasonable accommodation under this section shall be made by completion of a reasonable accommodation application available from the city's community sustainability department. The reasonable accommodation application shall contain such questions and requests for information as are necessary for processing the reasonable accommodation request.

d)

Fee. There shall be no fee imposed by the city in connection with a request for reasonable accommodation under this section. The city shall have no obligation to pay an applicant's attorney's fees or costs in connection with the request.

e)

Findings for reasonable accommodation. In determining whether the reasonable accommodation request shall be granted or denied, the requesting party shall be required to:

1.

Establish that he is protected under the FHA, ADA or RA by demonstrating that he meets the definition of a qualified person with disabilities under the ADA or RA or a person with a handicap under the FHA or that he meets the definition of a qualifying entity under this section.

2.

Demonstrate that the reasonable accommodation being sought is both reasonable and necessary.

f)

Notice of determination. City staff shall have the authority to consider and act on requests for reasonable accommodation based on the information provided on the reasonable accommodation application. City staff shall issue a written notice of determination by certified mail, return receipt requested, within forty-five (45) days of the date of receipt of a completed reasonable accommodation application, and may, in accordance with federal law:

1.

Grant the accommodation requested;

2.

Grant a portion and deny a portion of the accommodation requested; or

3.

Deny the accommodation requested in writing, stating the grounds for the denial.

g)

Additional information. If reasonably necessary to reach a determination on the request for reasonable accommodation, city staff may, prior to end of the forty-five-day period, request additional information from the requesting party, specifying in sufficient detail what information is required. The requesting party shall have fifteen (15) days after the date of the request for additional information to provide the requested information. In the event that a request for additional information is made, the forty-five-day period to issue a written notice of determination shall no longer be applicable and city staff shall issue a written notice of determination within thirty (30) days after receipt of the additional information. If the requesting party fails to provide the requested additional information within said fifteen-day period, city staff shall issue a written notice advising the requesting party that their reasonable accommodation application has been deemed abandoned due to their failure to timely submit the additional information requested. No further action shall be made by city staff with regard to abandoned requests for reasonable accommodation.

h)

Stay of enforcement. While the application for reasonable accommodation is pending, the city will not enforce the subject ordinance, regulation, rule, policy, or practice against the requesting party.

a)

Applicability. A development of significant impact (DSI) as regulated in this section is a commercial, office, or industrial development of one hundred thousand (100,000) or more gross square feet of enclosed building area, including renovations of existing structures when a change to a more intensive use is anticipated, or a residential development of one hundred (100) or more dwelling units, including renovations of existing structures when a change to a more intensive use is anticipated.

b)

Review. A proposed DSI and any amendments to an approved DSI shall be reviewed and approved in accordance with the procedures and requirements for a conditional use permit (see section 23.2-29), except that the city commission shall be the decision maker and not the planning and zoning board or the historic resources preservation board. The planning and zoning board or the historic resources preservation board, as applicable, shall conduct a public hearing and make a recommendation to the city commission regarding the DSI application. The public hearing shall be noticed by publication, posting and courtesy mailing pursuant to section 23.2-15. A proposed DSI shall be subject to the development regulations of the zoning district in which it is located as well as to any applicable provisions of these LDRs.

(Ord. No. 2019-14, § 3(Exh. B), 12-3-19)

A request for rezoning and future land use map (FLUM) amendment that changes the actual zoning map designation of a parcel or parcels of land shall be considered pursuant to the following procedure:

(1)

Application.

a.

Petitioner must complete an application for rezoning and future land use map (FLUM) using a form provided by the department for community sustainability.

b.

The completed application shall be submitted to the development review official together with the application fee established by resolution of the city commission. The application fee is intended to cover any administrative costs associated with review and processing of the application as set forth in fee schedule adopted by resolution of the city commission.

c.

If the application is determined to be complete and technically sufficient by the development review official, the department for community sustainability shall schedule the rezoning request for hearing before the planning and zoning board or historic resources preservation board or both.

d.

At the hearing on the application, the planning and zoning board or historic resources preservation board shall consider the rezoning/FLUM amendment application and request, the staff report including recommendations of staff, and shall receive testimony and information from the petitioner, the owner, city staff, and public comment. At the conclusion of the hearing, the planning and zoning board and/or historic resources preservation board shall make a recommendation on the rezoning/FLUM amendment request to the city commission. The city shall provide notice of the planning and zoning board or historic resources preservation board meeting or both.

e.

The city commission shall conduct a public hearing. The city commission shall consider the petitioner's requests, the recommendations of the planning and zoning board or historic resources preservation board, the staff report and the recommendations of city staff, as well as public comment and other documentary evidence and testimony deemed relevant by the city commission.

(2)

Public notice. Notice of the proposed ordinance must be published in a newspaper of general circulation in the city at least ten (10) days prior to adoption of the ordinance. Public notice shall be provided as required by these LDRs for zoning or future land use map application and as provided for in F.S. Chapters 163 and 166.

(3)

Review criteria. An amendment to the official zoning map processed without the FLUM amendment shall be reviewed based on the following factors:

a.

Consistency. Whether the proposed rezoning amendment would be consistent with the purpose and intent of the applicable comprehensive plan policies, redevelopment plans, and land development regulations. Approvals of a request to rezone to a planned zoning district may include limitations or requirements imposed on the master plan in order to maintain such consistency.

b.

Land use pattern. Whether the proposed rezoning amendment would be contrary to the established land use pattern, or would create an isolated zoning district unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude rezoning that would result in more desirable and sustainable growth for the community.

c.

Sustainability. Whether the proposed rezoning would support the integration of a mix of land uses consistent with smart growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation; and 3) interconnectivity within the project and between adjacent properties.

d.

Availability of public services/infrastructure. Requests for rezoning to planned zoning districts shall be subject to review pursuant to section 23.5-2.

e.

Compatibility. The application shall consider the following compatibility factors:

1.

Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties.

2.

Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole.

f.

Direct community sustainability and economic development benefits. For rezoning involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would:

1.

Further implementation of the city's economic development (CED) program;

2.

Contribute to the enhancement and diversification of the city's tax base;

3.

Respond to the current market demand or community needs or provide services or retail choices not locally available;

4.

Create new employment opportunities for the residents, with pay at or above the county average hourly wage;

5.

Represent innovative methods/technologies, especially those promoting sustainability;

6.

Support more efficient and sustainable use of land resources in furtherance of overall community health, safety and general welfare;

7.

Be complementary to existing uses, thus fostering synergy effects; and

8.

Alleviate blight/economic obsolescence of the subject area.

g.

Economic development impact determination for conventional zoning districts. For rezoning involving rezoning to a conventional zoning district, the review shall consider whether the proposal would further the economic development program, and also determine whether the proposal would:

1.

Represent a potential decrease in the possible intensity of development, given the uses permitted in the proposed land use category and/or zoning district; and

2.

Represent a potential decrease in the number of uses with high probable economic development benefits.

h.

Master plan and site plan compliance with land development regulations. When master plan and site plan review are required pursuant to section 2.D.1.e. above, both shall comply with the requirements of the respective zoning district regulations of article III and the site development standards of section 23.2-32.

(4)

Review criteria. An amendment to the official zoning map processed with the FLUM amendment shall be reviewed based on the following factors:

a.

Consistency. Whether the proposed FLUM amendment would be consistent with the purpose and intent of the applicable comprehensive plan policies, redevelopment plans, and land development regulations. Approvals of a request to rezone to a planned zoning district may include limitations or requirements imposed on the master plan in order to maintain such consistency.

b.

Land use pattern. Whether the proposed FLUM amendment would be contrary to the established land use pattern, or would create an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM amendments that would result in more desirable and sustainable growth for the community.

c.

Sustainability. Whether the proposed FLUM amendment would support the integration of a mix of land uses consistent with smart growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation; and 3) interconnectivity within the project and between adjacent properties.

d.

Availability of public services/infrastructure. Requests for rezoning to planned zoning districts shall be subject to review pursuant to section 23.5-2.

e.

Compatibility. The application shall consider the following compatibility factors:

1.

Whether the proposed FLUM amendment would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties.

f.

Direct community sustainability and economic development benefits. For FLUM amendments involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would:

1.

Further implementation of the city's economic development (CED) program;

2.

Contribute to the enhancement and diversification of the city's tax base;

3.

Respond to the current market demand or community needs or provide services or retail choices not locally available;

4.

Create new employment opportunities for the residents, with pay at or above the county average hourly wage;

5.

Represent innovative methods/technologies, especially those promoting sustainability;

6.

Support more efficient and sustainable use of land resources in furtherance of overall community health, safety and general welfare;

7.

Be complementary to existing uses, thus fostering synergy effects; and

8.

Alleviate blight/economic obsolescence of the subject area.

g.

Economic development impact determination for conventional zoning districts. For FLUM amendments involving rezoning to a conventional zoning district, the review shall consider whether the proposal would further the city's economic development program, and also determine whether the proposal would:

1.

Represent a potential decrease in the possible intensity of development, given the uses permitted in the proposed land use category; and

2.

Represent a potential decrease in the number of uses with high probable economic development benefits.

h.

Commercial and industrial land supply. The review shall consider whether the proposed FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions:

1.

The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or

2.

The proposed FLUM amendment provides substantiated evidence of satisfying at least four (4) of the direct economic development benefits listed in subparagraph "f" above; and

3.

The proposed FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation.

i.

Alternative sites. Whether there are sites available elsewhere in the city in zoning districts which already allow the desired use.

j.

Master plan and site plan compliance with land development regulations. When master plan and site plan review are required pursuant to section 2.D.1.e. above, both shall comply with the requirements of the respective zoning district regulations of article III and the site development standards of section 23.2-32.

(5)

Denial. Should the request be denied by the city commission, no application for substantially the same zoning may be submitted, within one (1) year from the date of denial.

(Ord. No. 2015-12, § 2(Exh. A), 10-6-15)

a)

Generally. A development order shall automatically expire three (3) years from the date of issuance. If these LDRs provide for a shorter period of expiration, then those time limitations shall apply. If a development order expires, the approval shall terminate and become void. In such event, the applicant or property owner shall be required to make application for a new approval, subject to any changes in the law.

b)

As a condition of approval. The planning and zoning board, the historic resources preservation board or the city commission, as applicable, may condition the approval of a development order on a period of time not exceeding four (4) years or on a final expiration date of up to four (4) years. If certificates of use, completion, or occupancy are not issued by the appropriate city official at the end of the period or on the date specified in the development order, then the development order shall automatically expire at the end of the period or on the date specified in the development order. In such event, the applicant or property owner shall be required to make application for a new approval, subject to any changes in the law.

c)

Phased plans. If a phased site plan expires, the following shall apply as applicable.

1.

The allocation of dwelling units granted for any principal structure that has not received a certificate of occupancy or equivalent certification shall expire at the time the site plan expires, or

2.

The portion of the property not developed prior to the expiration shall not be developed without the applicant or property owner submitting an application for and receiving an approval of a new site plan.

d)

Finality. This section is intended to add finality to development orders and construction projects. In no event may the expiration of a development order exceed the number of years set forth in this section.

(Ord. No. 2020-13, § 2(Exh. A), 10-20-20)

a.

Applicability. The following temporary uses may not be commenced until the applicant obtains a temporary use permit from the development review official. The permit specifies the specific use, the period of time for which it is approved, and any special conditions attached to the site-specific approval. The following uses may be permitted, subject to the issuance of a temporary use permit:

1.

Temporary uses identified and consistent with the supplementary standards in section 23.4-22, including but not limited to: sales offices, construction field offices, off-site construction staging, temporary parking lots, and private farmer's markets.

2.

Pumpkins, Christmas trees, and other seasonal product sales or temporary farmer's market. No permit shall be required for seasonal product sales operated as part of a school or place of worship.

3.

Temporary storage or other uses related to emergency management. Such uses shall be operated by a governmental entity or organization engaged in recovery or emergency management efforts.

4.

Similar temporary uses which, in the opinion of the development review official, are compatible with the district and surrounding land uses.

b.

Approval authority. The development review official, in accordance with the procedures, standards and limitations of this section, shall approve or deny an application for a temporary use permit after review and comment by the site plan review team (if applicable). The development review official's decision on a temporary use permit is final, but may be appealed to the appropriate regulatory board by the applicant or affected party, pursuant to section 23.2-17. Special events shall require a special event permit and shall not require a temporary use permit unless otherwise specified herein.

c.

Review process. A temporary use permit application shall be reviewed administratively for consistency with the supplementary standards in section 23.4-22 and the approval criteria in this section. The development review official may determine that the proposed temporary use has substantial impacts on adjacent properties in the vicinity of the temporary use, which would warrant review by the appropriate review board at a public meeting.

d.

General procedures. An application for a temporary use permit shall be made in writing upon an application form approved by the department for community sustainability, and shall be accompanied by applicable fees. The department for community sustainability shall review the application in accordance with these LDRs and prepare a result letter that summarizes the application and the effect of the proposed use, compliance with the review criteria and supplementary standards, conditions of approve if applicable, and approve or deny the application as submitted.

e.

Additional requirements. Prior to approving any administrative use permit, the development review official shall ensure that the following requirements have been met:

1.

Any and all outstanding code enforcement fees and fines related to the project site have been paid to the city.

2.

Any previously imposed conditions of approval at the site have been met, if applicable.

3.

All buildings and structures used for a temporary use shall have an active applicable rental business license with the appropriate use and occupancy approval for the propose temporary use.

4.

A business license and registration of individual vendors with the city shall be required, if applicable and as determined by the development review official.

f.

Approval criteria. The development review official shall review temporary uses for consistency with the following standards:

1.

Land use compatibility. The temporary use must be compatible with the purpose and intent of the city's land development regulations and the zoning district in which it will be located except when the use is related to temporary construction activity or emergency management. The temporary use shall not impair the normal, safe, and effective operation of a permanent use on the same site. The temporary use shall not endanger or be materially detrimental to the public health, safety, or welfare or injurious to property or improvements in the vicinity of the temporary use, given the nature of the activity, its location on the site, and its relationship to parking and access points.

2.

Compliance with other regulations. A building permit or temporary certificate of occupancy may be required, as determined by the building official before any structure used in conjunction with the temporary use is constructed or modified. All structures and the site as a whole shall meet applicable building and fire code standards as well as any provisions of this code for such temporary use. Upon cessation of the temporary use, any structures associated with the temporary use shall be promptly removed and the site shall be returned to its previous condition (including the removal of all trash, debris, signage or other evidence of the temporary use).

3.

Duration. The duration of the temporary use shall be established at the time of approval of the temporary use permit. In the event no time limit is established, the duration shall be for a period not to exceed ninety (90) days.

4.

Traffic circulation. The temporary use shall not cause undue traffic congestion or accident potential, as determined by the city engineer, given anticipated attendance and the design of adjacent streets, intersections, and traffic controls.

5.

Off-street parking. Off-street parking shall be provided in accordance with the city's land development requirements, and it shall not create a parking shortage for any of the other existing uses on the site.

6.

Public conveniences and litter control. Adequate on-site rest room facilities may be required. Adequate on-site solid waste containers may also be required. The applicant shall provide a written guarantee that all litter generated by the event or use shall be removed at no expense to the city.

7.

Appearance and nuisances. The temporary use shall be compatible in intensity, appearance, and operation with surrounding land uses in the area, and it shall not unduly impair the usefulness, enjoyment, or value of adjacent properties due to the generation of excessive noise, dust, smoke, glare, spillover lighting or other forms of environmental or visual pollution. A mitigation plan for temporary uses, related to construction, emergency management, or for other temporary uses as determined by the development review official, shall be required prior to the issuance of a temporary use permit when the use is in and/or adjacent to residential districts, in an effort to minimize compatibility issues.

8.

Signs. The development review official shall review all signage in conjunction with the issuance of the temporary use permit. Such signage shall be in accordance with the requirements of this Code.

9.

Other conditions. The development review official may establish any additional conditions deemed necessary to ensure land use compatibility and to minimize potential adverse impacts on nearby uses, including, but not limited to, restrictions on hours of operation, temporary arrangements for parking and traffic circulation, requirements for screening/buffering, and guarantees for site restoration and cleanup following the temporary use.

g.

Revocation. The development review official or building official may revoke a temporary use permit due to nuisance concerns, land use compatibility or life-safety issues, or for the following reasons:

1.

The applicant has misrepresented any material fact on its application or supporting materials.

2.

The temporary use fails or ceases to comply with applicable standards or criteria for issuance of a permit.

3.

The operation of the temporary use violates any statute, law ordinance, or regulation.

4.

The operation of the temporary use constitutes a nuisance or poses a real or potential threat to the health, safety, or welfare of the public.

(Ord. No. 2020-20, § 3(Exh. B), 2-16-21)

Editor's note— Ord. No. 2020-20, adopted February 16, 2021, added § 23.2-37. In order to avoid conflicts in section numbering the editor has renumbered the provisions as § 23.2-38.

a)

Intent. The affordable/workforce housing program is intended to implement Objective 3.1.2 of the city comprehensive plan future land use element and provisions therein regarding affordable and workforce housing. The affordable/workforce housing program provides for a density bonus and a reduction in overall housing unit areas for developments that incorporate residential units with restrictive covenants that meet the requirements of the program.

b)

Purpose. The purpose of the affordable/workforce housing program is to encourage the inclusion of affordable and workforce housing units within both residential and mixed-use projects as well as planned developments of all types to provide for broader and more accessible housing options within the city. The affordable/workforce housing program offers the following as "program incentives."

1.

Tier One: May apply to all development projects consistent with the provisions of this section.

(a)

Up to a fifteen (15) percent increase in overall project density;

(b)

Up to a fifteen (15) percent reduction in the gross area requirements based on unit type;

(c)

Up to a twenty-five (25) percent reduction in required parking, provided that each residential dwelling unit is provided at least one (1) parking space. This reduction may not be combined with other parking reduction provisions of these LDRs;

(d)

Any additional density and/or other benefits provided under this tier shall require that those units benefiting from the provisions be restricted as affordable/workforce housing meeting the requirements of this section through a restrictive covenant.

(e)

Additional financial incentives may be considered on a case by case basis by the applicable decision-making entity if the project provides more affordable/workforce units that the minimum required.

(f)

Any lot within either any residential zoning district (excluding the Single-Family Residential (SFR) zoning district) or any mixed-use zoning district and any project with a partial unit of additional density allowed under the calculations in subsection (a) is entitled to at least one (1) additional affordable/workforce unit governed by a restrictive covenant meeting this section.

(g)

Any platted lot of record within the CRA area boundaries, regardless of lot width or lot area, is entitled to one (1) additional affordable/workforce unit governed by a restrictive covenant meeting this section, even where the platted lot(s) of record are combined into a single parcel.

2.

Tier Two: applies to all projects utilizing other city incentive and/or bonus program(s).

(a)

Fifteen (15) percent of the number of dwelling units added to the project through the increased density under any other city incentive or bonus program(s) without using Tier One incentives must be restricted as affordable/workforce dwelling units meeting the requirements of this section through a restrictive covenant.

3.

Tier One and Tier Two combination: Applies to all projects that combine the Tier One incentives with other available city incentives.

(a)

For all projects combining a Tier One density incentive with other city incentive and/or bonus program(s) related to density, all units benefitting from the additional density incentive under Tier One shall be restricted as affordable/workforce dwelling units meeting the requirements of this section through a restrictive covenant in addition to the units required to be restricted under (Tier Two) other city incentive and/or bonus program(s).

c)

Application and review process.

1.

Application. All development proposals seeking increased density of up to fifteen (15) percent and/or reductions in overall unit sizes of up to fifteen (15) percent shall submit an affordable/workforce housing program application as provided by the department of community sustainability. The application shall accompany the standard City of Lake Worth Beach Universal Development Application for the development proposal. The affordable/workforce housing program application shall include all of the following:

(a)

A project fact sheet with building specifications including the number of additional units, unit types and unit sizes proposed.

(b)

The affordability criteria for each unit proposed to be included in the project.

(c)

Draft restrictive covenant should the city's version not be submitted.

(d)

Any other additional information to ensure the timely and efficient evaluation of the project by city staff to ensure that the requirements of the affordable/workforce housing program are being met.

(e)

Intent to meet the requirements of the affordable/workforce housing program through participation in another entity's program, including relevant program criteria and restrictive covenant.

2.

Review/decision. The development review official shall review the application along with the zoning approvals otherwise required of the development proposal under these LDRs. Development applications that require further review or approval by a decision-making board shall also include the development review official's recommendation regarding the award of additional density and/or unit size reduction under the affordable/workforce housing program. Any decision on the award shall be made by the planning and zoning board, the historic resources planning board, or the city commission as applicable. A decision on an award may be appealed under the procedures applicable to the development application with which it is associated. No waiver or variance may be granted regarding the award. The award of bonus density, height or intensity under the affordable/workforce housing program shall be based on the following criteria:

(a)

Is the award calculated correctly, consistent with the density and unit size reduction(s) that are allowed under the affordable/workforce housing program, including that the affordable/workforce housing unit type mix be reflective of the overall unit type mix for the entire project;

(b)

Do the proposed income restrictions meet the intent of the affordable/workforce housing program;

(c)

Do the proposed annual rents and/or mortgage costs meet the intent of the affordable/workforce housing program; and

(d)

Do the proposed restrictive covenants to maintain affordability meet the intent of the affordable/workforce housing program?

d)

Qualifying income restrictions. The following provisions outline the required income limits and overall percentage of household income to qualify units as being affordable/workforce under the affordable/workforce housing program. All income values shall be based on the then current area (County) median household income published annually by the U.S. Department of Housing and Urban Development. Whether with a rental unit or for a fee simple, for sale unit, the overall housing expense (rent, mortgage, property taxes, and insurances) for the unit shall not exceed thirty (30) percent of the income limit provided for each unit type, based upon the number of bedrooms.

1.

For a studio unit, the annual gross household income shall not exceed forty-five (45) percent of area median income and minimum household size is one (1) person, not to exceed two (2) people.

2.

For a one-bedroom unit, the annual gross household income shall not exceed sixty-five (65) percent of the area median income and minimum household size of one (1) person, not to exceed two (2) people.

3.

For a two-bedroom unit, the annual gross household income shall not exceed eighty-five (85) percent of the area median income and minimum household size of two (2) people, not to exceed two (2) people per bedroom.

4.

For a three-bedroom unit, the annual gross household income shall not exceed one hundred and five (105) percent of the area median income and minimum household size of three (3) people, not to exceed two (2) people per bedroom.

5.

For a four (4) or more-bedroom unit, the annual gross household income shall not exceed one hundred twenty-five (125) percent of the area median income and minimum household size of four (4) people, not to exceed two (2) people per bedroom.

6.

For fee simple ownership, the limits provided above may be increased by fifteen (15) percent based on unit type and shall include the overall housing expense.

7.

Alternatively, if participating in another entity's workforce (eighty (80) percent to one hundred forty (140) percent of area median income) or affordable housing (less than eighty (80) percent of area median income) program, the income restrictions shall not exceed the city's income guidelines singularly or in combination with the alternative program for the units required to be income restricted under the city's program. The applicant also shall comply fully with the requirements of the alternative program selected.

e)

Additional restrictions. The following requirements outline the restrictive covenant that shall be recorded and maintained on each unit awarded under the affordable/workforce housing program.

1.

The restrictive covenant shall be in a legal form acceptable to the department of community sustainability and the city attorney's office or as otherwise provided by the city and shall require each unit awarded be maintained at the awarded level of affordability, in accordance with the affordable/workforce housing program, for a minimum of twenty-five (25) years.

2.

The restrictive covenant shall include the more restrictive program requirements, which shall govern the project if other affordable/workforce housing incentives are combined with use of the affordable/workforce housing program.

3.

The restrictive covenant shall require an annual report of the project's compliance with the restrictive covenants and the requirements of the affordable/workforce housing program be provided to the city or its designee for evaluation, review and approval. Should the annual report not be submitted or should it demonstrate the project is not meeting the requirements of the affordable/workforce housing program, the project owner shall pay the city, as a penalty, an amount no less than fifteen dollars ($15.00) per square foot for each unit that did not comply with the program's requirements for the previous year, or portion thereof. If the report is not submitted, the penalty payment will be calculated as though no units met the requirements of the affordable/workforce housing program for the reporting period. The per square foot penalty value may increase based on the annual U.S. Consumer Price Index (CPI) and shall be reflected in the city's adopted annual schedule of fees and charges. Any required penalty payment shall be made within ten (10) days of notification from the city of the calculated payment based on the report or failure to submit the report and the annual penalty value as adopted by the city.

4.

The restrictive covenant shall provide for extension of the affordability period, as set forth in this section. If the property is qualified through its participation in another entity's affordability program, a separate restrictive covenant may be utilized to provide for the extension of the affordability period in accordance with the terms of this section.

f)

Financial incentives. The following are parameters for financial incentive values based on unit type, which may be utilized to ensure more than the required fifteen (15) percent of the dwelling units available after the density increase incentive remain affordable for a guaranteed twenty-five-year period as governed through a covenant and/or deed restriction. Values may be paid through utilization of sustainable bonus incentive values, transfer development right values or cash payments from the city from the affordable/workforce housing program trust fund, sustainable bonus incentive trust account or the transfer development rights trust account or other legally approved funding source(s).

1.

For a studio dwelling unit, a one-time payment of forty thousand dollars ($40,000.00) or fifty (50) percent of the area median income, whichever is greater;

2.

For a one-bedroom dwelling unit, a one-time payment of sixty thousand dollars ($60,000.00) or seventy-five (75) percent of the area median income, whichever is greater;

3.

For a two-bedroom dwelling unit, a one-time payment of eighty thousand dollars ($80,000.00) or one hundred (100) percent of the area median income, whichever is greater;

4.

For a three-bedroom dwelling unit, a one-time payment of one hundred thousand dollars ($100,000.00) or one hundred twenty-five (125) percent of the area median income, whichever is greater;

5.

For a four (4) or more-bedroom dwelling unit, a one-time payment of one hundred twenty thousand dollars ($120,000.00) or one hundred fifty (150) percent of the area median income, whichever is greater;

6.

For a fee simple ownership dwelling unit, an additional one-time payment of twenty-five thousand dollars ($25,000.00) may be provided; and

7.

Payments shall be made at time of dwelling units receiving a final certificate of occupancy or certificate of completion.

g)

Affordability extension(s). The city shall have the express right, in its sole discretion, to extend the affordability deed restrictions and covenants for another period of no less than twenty-five (25) years) through the provision of a then current economic incentive payment based on unit size. The affordability extension shall be available to the city pursuant to this subsection regardless of whether the original affordability period was under the affordable/workforce housing program or another entity's program.

1.

The city shall provide formal notice of intent to extend affordability of units a minimum of six (6) months prior to the expiration of the affordability deed restrictions and covenants.

2.

The city's notice shall include the number and type of units having affordability extended and the economic incentive to be provided for those units.

3.

The affordability extension may not exceed the original number and type of units governed by the affordable/workforce housing program.

4.

There shall be no limit on the number of affordability extensions the city may fund for a project.

5.

The extension incentive payment shall follow the parameters as set forth in subsection f) of this section based on the values established for the year that the extension is authorized.

6.

Financial incentives and buy-down options, if part of the original approval, may each also be extended by mutual agreement of the city and the property owner(s) and payment by the city under the provisions of those sections at the time of the extension.

7.

If the original affordability period was under another entity's program, upon the city's notice of intent to extend affordability the covenant and/or deed restriction may be extended as-is or may be amended to comply with the provisions of the affordable/workforce housing program instead of the other entity's program, consistent with the provisions in the original recorded covenant and/or deed restriction providing for the affordability extension.

h)

Additional buy down provisions for affordability. The following are parameters for additional buy down values based on unit type, which may be utilized to reduce the individual unit type household income limits by an additional fifteen (15) percent in order to provide expanded affordability for a guaranteed twenty-five-year period as governed through a covenant and/or deed restriction. Values will be paid as cash payments from the city from the affordable/workforce housing program trust fund or other legally approved funding source(s).

1.

For a studio dwelling unit, a one-time payment of forty thousand dollars ($40,000.00) or fifty (50) percent of the area median income, whichever is greater;

2.

For a one-bedroom dwelling unit, a one-time payment of sixty thousand dollars ($60,000.00) or seventy-five (75) percent of the area median income, whichever is greater;

3.

For a two-bedroom dwelling unit, a one-time payment of eighty thousand dollars ($80,000.00) or one hundred (100) percent of the area median income, whichever is greater;

4.

For a three-bedroom dwelling unit, a one-time payment of one hundred thousand dollars ($100,000.00) or one hundred twenty-five (125) percent of the area median income, whichever is greater;

5.

For a four (4) or more-bedroom dwelling unit, a one-time payment of one hundred twenty thousand dollars ($120,000.00) or one hundred fifty (150) percent of the area median income, whichever is greater;

6.

For a fee simple ownership dwelling unit, an additional one-time payment of twenty-five thousand dollars ($25,000.00) may be provided; and

7.

Payments shall be made at time of dwelling units receiving a final certificate of occupancy or certificate of completion.

i)

Policies and procedures. The city's director for community sustainability is hereby authorized to establish policies and procedures including covenants, accountability and reporting to ensure effective implementation of the affordable/workforce housing program and clarify the requirements and procedures as set forth herein.

j)

Trust fund. There is hereby established an affordable/workforce housing program trust fund. The trust fund will be a separate line item in the city's budget.

1.

Payments required by the affordable/workforce housing program due to non-compliance with restrictive covenants shall be paid into the trust fund.

2.

Funds in the trust fund will be used to fund the financial incentives and the affordability extensions under the affordable/workforce housing program.

3.

At least once each fiscal period, the city manager shall present to the city commission a report on funds held in the trust fund, including any accrued interest, and any proposed use thereof. Monies, including any accrued interest, not assigned in any fiscal period shall be retained in the trust fund until the next fiscal period.

k)

In lieu payment provision. In some instances, projects including density, intensity and/or height bonuses may not be appropriate for participation in the program. In these cases, the project may pay an in lieu of payment based on the following provisions;

1.

The fee shall be calculated on fifteen (15) percent of the gross area of the bonuses requested for the project.

2.

The fee shall be a one-time payment of fifty dollars ($50.00) or 0.0625% of the area median income, whichever is greater, per gross square foot.

3.

Projects eligible for an in lieu of payment may include the following:

i.

Single or multiple use projects that do not include a residential use;

ii.

Mixed use projects that include residential and fewer than twenty-five (25) residential units;

iii.

Residential only projects that include fewer than fifteen (15) residential units;

iv.

Any project that includes a residential use(s) and all of the dwelling units are for sale, home ownership such as condominiums, townhouses and/or single-family residences of which none are deed restricted as affordable/workforce housing.

4.

Fee payment shall be due prior to issuance of any building permits related to the project.

l)

Exemptions. Projects in specific locations are exempt from the requirements of this section due to their maximum allowed density and/or to their allowed uses.

1.

Individual residential dwelling units in the Single Family Residential (SF-R) and Single Family/Two-Family Residential (SF/TF) Zoning Districts unless units are part of a project requesting additional densities under the provisions of one of the city's incentive programs.

2.

Projects within the Public (P), Public Recreation and Open Space (PROS), Beach and Casino (BAC), Conservation (C) and Industrial Park of Commerce (I-POC) Zoning Districts.

(Ord. No 2022-12, § 3, 10-6-22; Ord. No. 2023-02, § 2, 4-4-23; Ord. No. 2024-05, 5-21-24)