(a)

Development. It is the policy of the city to permit development of land that is consistent with and furthers the goals, objectives and policies established in the City of Palm Beach Gardens Comprehensive Plan.

(b)

Concurrency. Development will not be permitted unless in compliance with the concurrency requirements as established in division 3 of article III.

(c)

Application. This chapter will, where applicable, supplement and facilitate the regulations contained in the building and housing codes, the comprehensive plan, the capital improvements program, and capital budget of the city.

(Ord. No. 17-2000, § 1, 7-20-00)

(a)

The purpose and intent of this chapter are to provide for the public health, safety, and welfare of the residents and property owners of the City of Palm Beach Gardens; to provide development standards, criteria, and regulations consistent with the city's comprehensive plan; and exercise the planning and zoning authority granted by F.S. Chapter 163. The purpose and intent of this chapter also are to achieve the benefits listed below.

(b)

Protect, provide for, and further the public health, safety and general welfare of the city.

(c)

Guide and encourage the orderly and beneficial development of future growth and development of the city consistent with the city's comprehensive plan.

(d)

Provide for adequate light, air and privacy; secure safety from fire, flood, and other danger; and prevent overcrowding of the land.

(e)

Protect and enhance the aesthetics and character of all parts of the city.

(f)

Protect and conserve the value of land, buildings and improvements and minimize conflicts among uses of land and buildings.

(g)

Divide the city into districts, restricting and regulating therein the construction, reconstruction, alteration, and use of buildings, structures, and land for residential, commercial, industrial and other specified uses.

(h)

Establish building setback lines, and regulate the bulk and height of buildings.

(i)

Provide for open spaces, and conserve and preserve environmentally sensitive lands.

(j)

Avoid traffic congestion on streets and eliminate conflicts between pedestrian and vehicular movements.

(Ord. No. 17-2000, § 2, 7-20-00)

This chapter is enacted pursuant to the requirements and authority of F.S. Section 163.3161, Section 5-2 of the City Charter, and the general municipal powers authorized by F.S. Chapter 166.

(Ord. No. 17-2000, § 3, 7-20-00)

Except as specifically provided in this article, the provisions established in this chapter will apply to all development in the city, and no development will be undertaken without prior authorization pursuant to this chapter.

(Ord. No. 17-2000, § 4, 7-20-00)

(a)

Effective date. This chapter is adopted and made effective as of July 20, 2000.

(b)

Effect of adoption. All development order applications which were accepted as complete prior to the effective date of this chapter or a portion adopted by the city council, will be subject to the development requirements of this chapter. Any unapproved parcel within a planned community district (PCD), planned unit development (PUD), or any other development order approved prior to the enactment of the ordinance from which this chapter derives will be subject to this chapter, unless the city council determines that compliance with this chapter will be in conflict with the PCD approval obtained by the applicant.

(c)

Prior conditional uses. Upon the effective date of this chapter, any land use which was legally established prior to the effective date and is now classified by this chapter as a conditional use will be considered a legal nonconforming use.

(Ord. No. 17-2000, § 5, 7-20-00)

(a)

Interpretation. In their interpretation and application, the provisions of this chapter will be construed broadly to promote the public health, safety and general welfare.

(b)

Conflict with other public provisions. This chapter is not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute or other provision of law, except those which are in conflict with these provided for in this chapter. Where any provision of this chapter imposes restrictions different from those imposed by any other provision of this chapter or any other ordinance, rule or regulation or other provision of law, the provision which is more restrictive or imposes higher standards will control.

(Ord. No. 17-2000, § 6, 7-20-00)

The regulations within each zoning district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as may be provided elsewhere in this chapter.

(a)

Conformity. All buildings, structures, lands, and properties shall be used, developed, occupied, erected, altered, moved, or otherwise improved in conformity with the provisions of this chapter.

(b)

Prohibitions. Buildings or other structures shall not be erected or altered:

(1)

To exceed the height or bulk standards;

(2)

To accommodate or house a greater number of families or individuals;

(3)

To occupy a greater percentage of building site area;

(4)

To have narrower or smaller rear yards, front yards, side yards, or other open spaces; or

(5)

In any other manner contrary to the provisions of this chapter.

(c)

Double counting of yards or open space. Any portion of a yard or other open space, or off-street parking or loading space required in connection with any building or use for the purpose of complying with this chapter shall not be included as part of a yard, open space, or off-street parking or loading space for any other building or use.

(d)

Reductions. Any lot, yard, or building site existing on August 18, 1994, shall not be reduced in dimension or area below the minimum requirements set forth in this chapter, unless otherwise provided herein. Yards or building sites created after August 18, 1994, shall conform to, but may exceed, the minimum requirements established by this chapter.

(Ord. No. 17-2000, § 7, 7-20-00)

(a)

Adoption. The city is divided into districts, as shown on the Official Zoning Map of the City of Palm Beach Gardens, which, together with all explanatory matter thereon, is adopted by reference and declared to be a part of this chapter.

(b)

Changes in zoning maps. The official zoning map shall be amended in a timely fashion following each zoning district change approved by the city council.

(c)

District boundaries. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the rules stated below shall apply.

(1)

Centerlines. Boundaries indicated as approximately following the centerlines of streets, railroads, highways, or alleys shall be construed to follow such centerlines.

(2)

Platted lot lines. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(3)

City limits. Boundaries indicated as approximately following city limits shall be construed as following such city limits.

(4)

Specific dimensions. Where district boundaries are indicated by specific dimensions, such specific dimensions shall control.

(5)

Shorelines. Boundaries indicated as following shorelines shall be construed to follow such shorelines. If the shoreline changes, the boundaries shall be construed as moving with the actual shoreline.

(6)

Canals and rivers. Boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such centerlines.

(7)

Parallel lines and extensions. Boundaries indicated as parallel to or extensions of features indicated in this section shall be so construed.

(8)

Distances. Distances not specifically indicated on the official zoning map or contained in the legal description contained in the ordinance to amend the official zoning map shall be determined by the scale of the map.

(9)

Interpretation. Where physical or cultural features existing on the ground are at a variance with those shown on the official zoning map or in other circumstances not covered by this section, the planning, zoning, and appeals board shall interpret the district boundaries.

(10)

Rights-of-way vacations. If a street or other public right-of-way is vacated, where a district boundary is indicated following the right-of-way line at the edge of the street, such boundaries shall be construed as moving to the centerline of the vacated street.

(d)

Construction words and phrases. The following general rules of construction shall govern the interpretation of words and phrases used in these land development regulations.

(1)

The term "person" includes a firm, association, organization, partnership, trust, company, or corporation, as well as an individual.

(2)

The present tense includes the future tenses, the singular number includes the plural, and the plural number includes the singular.

(3)

The term "shall" is mandatory, as is the term "will."

(4)

The term "may" is permissive.

(5)

The term "used" or "occupied" includes the terms "intended, designed, or arranged to be used or occupied."

(6)

The term "lot" includes the terms "plot, "' "tract," or "parcel."

(7)

The term "erected" or "altered" includes the term "constructed, reconstructed, restored, extended or structurally altered."

(Ord. No. 17-2000, § 8, 7-20-00; Ord. No. 17-2004, § 5, 6-3-04)

Until changed by the city council, property annexed into the city shall retain the future land use designation, zoning designation, and development order applied or approved by Palm Beach County.

(Ord. No. 17-2000, § 9, 7-20-00)

(a)

Fees authorized. The city council shall establish a schedule of fees, charges, and expenses and a collection procedure for development order applications, building permits, certificates, appeals, and all other matters pertaining to this chapter. The schedule of fees shall be available in the growth management department. Fees may be altered or amended only by the city council.

(b)

Payment of fees. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application, appeal, or other matter affected by this chapter.

(Ord. No. 17-2000, § 10, 7-20-00)