No use permitted under this Zoning Code and no accessory use permitted under this Zoning Code shall be conducted in any manner obnoxious or offensive to normal senses by reason of the emission of odor, dust, smoke, or noise.

Cross reference— Nuisances, ch. 42.

No stands or counters for feeding, drinking, or any other purpose shall be erected anywhere in the Town where such stand or counters are in any way or portion visible from any public way.

(a)

Swimming pools. Swimming pools not exceeding six (6) inches above the ground level may be installed in all zoning districts subject to the following general or specific setback requirements set forth hereinbelow. The setbacks for swimming pool installations shall be measured from the waterline of the pool and shall be required as follows:

(1)

Front. A swimming pool shall not be placed between the front property line and the main structure on any lot located in Districts A or B, except for those corner lots situated along Lake Drive, Atlantic Avenue or Ocean Avenue which have the house facing Lake Drive, Atlantic Ave. or Ocean Ave. but which have the front property line designated on the east-west streets pursuant to the definition set forth at Pf. 2.24. Frontage, lot, of the Zoning Ordinance. For such lots, the pool may be installed in the front yard as defined at Pf. 2.39. Yard, front, of the Zoning Ordinance, but must be placed at least eight (8) feet back from the front property line. However, in zoning districts C and D, a swimming pool may be placed in the Front Yard for all uses provided that such pool installation shall be set back at least fifteen (15) feet from the front property line.

(2)

Side. A swimming pool shall be placed at least seven (7) feet from the side property line in all districts except for District D, where a pool shall be placed at least fifteen (15) feet back from the side property line.

(3)

Rear. A swimming pool shall be placed at least ten (10) feet from the rear property line in all districts, except in District D where this same setback distance shall be required, but shall be measured commencing at the easternmost limit of the recreation area as defined at Pf. 8.10. Recreation area, of the Zoning Ordinance.

(b)

Swimming pool equipment.

(1)

Installation. All pool equipment shall be installed to the rear or to the side of the building, provided that such equipment may be placed in the required rear yard as defined in Pf.2.40 Yard, rear, but shall not be placed in the required side yard as defined in Pf.2.41 Yard, side, of the Zoning Ordinance. All pool equipment shall be screened so as not to be visible from the street.

(2)

Noise reduction. All pool equipment shall also be sufficiently screened and installed, to include the installation of any necessary walls, fencing, landscaping or combination thereof; in order to reduce the sound of its operation so as not to cause any excessive or unusually loud noise during its operation.

(c)

Pool features.

(1)

Required pool decks. All pools shall include the installation of a perimeter pool deck, a minimum of three (3) feet in width, whenever a screen enclosure is constructed for the pool. Pool perimeter areas where walkways are not possible due to the installation of certain pool features adjacent to the perimeter of the pool are exempt from the minimum three (3) foot pool deck requirement in the area adjacent to the pool feature only. Examples of the types of pool features which preclude the installation of a perimeter walkway include, but are not limited to, a sheer descent, a spa or a waterfall.

(2)

Pool screen enclosures. All pool screen enclosures must be set back in accordance with the district regulation for side yard and front yard (if allowed) setbacks in the district in which they are located. Pool screen enclosures shall be set back at least fifteen (15) feet from the rear property line in all districts, except in District D where this same setback distance shall be required, but shall be measured commencing at the easternmost limit of the Recreation area as defined at Pf.8.10., recreation area, of the Zoning Ordinance.

(Ord. No. O-02-03, § 2, 9-15-03; Ord. No. O-1-05, § 7, 6-20-05; Ord. No. O-14-08, § 4, 1-26-09)

Editor's note— Ord. No. O-9-06, § 7, adopted March 19, 2007, repealed Pf. 12.4 in its entirety. Formerly, said section pertained to rooms used for sleeping.

It shall be unlawful for the owner, lessee, or other person in the possession or control of any property classified as District A or District B or any building designed as a residence in such districts to allow or use such property or residence for the purpose of holding conventions or entertaining more or less continuously a larger number of persons than such property or residence is zoned for or usually accommodates.

Nothing in this subsection shall be deemed to prohibit the entertainment of bona fide guests of the owner, lessee, or other person in the possession and control of any residence. However, a continuing invitation to persons residing in any given district of the Town of Palm Beach Shores, or to the guests of a hotel or apartment house, or to the general public, shall not be considered the entertainment of bona fide guests within the meaning of this Section, but shall be deemed equivalent to the creation of a private club and a violation of Section V or Section VI of this Zoning Code, as the case may be.

Underground/depressed private garages for the off-street parking of automotive vehicles are permitted as accessory uses to principal buildings in all zoning districts, subject to the following requirements:

a.

An underground/depressed private garage must be located on the same lot as and immediately below the principal building which it serves.

b.

For any multi-story building utilizing an underground/depressed parking garage, the garage floor elevation must be a minimum of two (2) feet below the mean elevation of the crown of the street at the front of the lot, the grade elevation as defined at Pf. 4.6 must be three (3) feet above the mean elevation of the crown of the street at the front of the lot, and the building's finished first floor elevation can be no higher than seven (7) feet above the mean elevation of the crown of the street at the front of the lot.

c.

All portions of underground/depressed private garages that do not exceed the mean elevation of the crown of the street at the front of the lot may be constructed to within two (2) feet of front, rear, and side lot lines. Any portion of an underground/depressed garage that exceeds the mean elevation of the crown of the street at the front of the lot must be constructed within the applicable front and rear yard setbacks, and within seven and one-half (7½) feet of the side lot lines.

d.

All portions of underground/depressed private garages located above the mean elevation of the crown of the street that are exposed to view from any street, or other public place, except openings for ingress and exit, must be screened from view with grading in accordance with Pf. 4.6, as well as landscaping approved by the Planning and Zoning Board. No ventilation device shall be installed in the required front yard.

e.

Neither underground nor depressed parking levels shall be counted as a "story" to any building. However, nothing contained in this section shall be deemed to permit any building to exceed either the applicable building height requirement or maximum story requirement as set forth in the applicable sections of the Town Zoning Ordinance.

(Ord. No. O-04-04, § 1, 7-19-04; Ord. No. O-4-07, § 5, 3-19-07; Ord. No. O-22-07, § 2, 11-19-07)

All exterior central air conditioning equipment hereinafter installed shall be located between the mid-point of the principal structure and the rear lot line. This equipment shall not be located in any easements, utility or otherwise.

(Ord. No. 128, 2-25-74; Ord. No. O-3-21, § 1, 7-26-21)

(a)

All permanently installed (non-portable) emergency electrical generators installed to the exterior of any principal or accessory structure shall hereinafter be located between the mid-point of the principal structure and the rear lot line, subject to subpart (b) below and shall be installed on the same side of the principal structure as the central air conditioning equipment. In no case shall such equipment be installed in any "front yard" as that term is defined in this Zoning Code, except for those corner lots situated along Lake Drive, Atlantic Avenue or Ocean Avenue which have the house facing Lake Drive, Atlantic Avenue or Ocean Avenue but which have the front property line designated on the east-west streets pursuant to the definition set forth at Pf. 2.24. Frontage, lot., of the Zoning Ordinance. For such lots, the emergency electrical generator may be installed in the "front yard".

(b)

All permanently installed (non-portable) emergency electrical generators shall be set back a minimum of five (5) feet from the property line.

(c)

Emergency electrical generators, whether permanently installed (non-portable) or temporary (portable), shall not, at any time or for any purpose, exceed the maximum decibels allowed at the property line as set forth in section 42-43.

(d)

The exhaust from emergency electrical generators, whether permanently installed (non-portable) or temporary (portable), shall be vented upward and directed away from neighboring properties, as much as is practically feasible.

(e)

All emergency electrical generators shall be placed so as to minimize the visual impact on adjacent properties with the use of appropriate sight screening.

(f)

All emergency electrical generators shall be placed so as to minimize and contain the sound emitting from the equipment. The use of sound attenuating materials to screen the equipment shall be required to meet the decibel levels required by section 42-43 and can include the following techniques:

(1)

A professionally made custom enclosure specifically made to reduce the noise level to a level that meets Town code;

(2)

A noise barrier wall constructed of concrete or similar material with a minimum height equal to that of the generator plus six (6) inches, completely obscuring the visibility of the generator from the street and abutting neighbors. All walls/screening shall be able to safely withstand any heat produced by the generator for an indefinite amount of time.

(3)

The professional installation of rock wool insulation or a similar heat resistant acoustical insulation to either the interior of the generator's enclosure, or lining the interior side of the noise barrier wall is recommended.

(g)

Maintenance and "exercise" of emergency electrical generators shall be limited to once per week, Monday through Saturday, between the hours of 10:00 a.m. and 5:00 p.m. with such period not to exceed thirty (30) minutes in duration. Otherwise, emergency electrical generators may only be used during periods when electrical service to the property they service has been lost.

(Ord. No. O-5-05, § 1, 9-19-05; Ord. No. O-3-21, § 2, 7-26-21)

Each year, on the second Monday of January, all condominiums, cooperative apartments, clubs or time sharing dwellings shall file the names of their officers, directors and firms responsible for the management of their dwellings with the Town Clerk.

(Ord. No. 189, § 1, 6-14-82; Ord. No. O-5-05, § 1, 9-19-05)

Note— Formerly Pf. 12.8.

All motels, hotels, apartments, condominiums, cooperative apartments, clubs and time sharing dwellings with twenty (20) units or more shall include facilities for storage of custodial and maintenance supplies and equipment and rest room facilities must be made available for custodial and maintenance employees.

(Ord. No. 191, § 1, 7-12-82; Ord. No. O-5-05, § 1, 9-19-05)

Note— Formerly Pf. 12.9.

(a)

Definitions.

1.

"Utilities" shall mean all utilities and similar facilities including, but not limited to electrical distribution facilities; telephone facilities; cable television facilities; fiber optic facilities; water and sewer facilities; gas facilities; and all appurtenant facilities thereto.

2.

"Substantially redevelop or reconstruct" shall mean activity or activities upon property requiring a permit or permits from the Town pertaining to improvements to the buildings thereon, that within a period of twelve (12) months cumulatively amount to expenditures of money in excess of thirty thousand dollars ($30,000.00), or any modification to an approved site plan.

(b)

Applicability. In Zoning Districts B, C and D, at the time that any new principal (meaning non-accessory) buildings, except for single family dwellings, are being constructed, located or substantially redeveloped or reconstructed on privately owned property, the current property owner and/or the developer of said property (the "property") shall be required to convert all utilities adjacent to and serving the property to underground facilities. Depending upon the existing location(s) of support poles, and in order to convert existing overhead utilities adjacent to the full length of the side, rear or front property lines, this requirement may apply to the supporting poles beyond the boundary of the subject property. If so, the current property owner and/or the developer of the property shall be responsible for such conversion. Further, all new utilities adjacent to and serving the property shall be installed underground at the expense of the current property owner and/or the developer. Issuance of a building permit shall be conditioned upon satisfying the requirements of this paragraph.

(c)

Waiver.

1.

Any person subject to the requirements of this paragraph may file an application, on a form specified by the Town and accompanied by payment of the required application fee, seeking to be relieved of these requirements. The application fee shall be set by Resolution of the Town Commission. The application shall be accompanied by a detailed statement by a Florida licensed Professional Engineer, qualified with respect to utility issues, explaining why it is technically not feasible to locate such utilities underground. The Town Engineer shall review such application, and make a recommendation to the Town Commission which shall have final authority to grant or deny a waiver.

2.

There is hereby established an Underground Utility Trust Fund. Funds withdrawn from this account must only be used to further the goal of converting existing utilities in the Town to underground facilities, or installing new utilities in the Town as underground facilities.

3.

In the event a waiver is granted by the Town Commission, a dollar amount not to exceed the cost of placing the utilities underground shall be required to be paid by the applicant into the Town Underground Utility Trust Fund, prior to building permits being issued. The Town Commission shall make the determination as to the fair and equitable amount to be paid in lieu of placing the utilities underground based on the following factors:

• The opinion of the Applicant's Engineer;

• The opinion of the Town's Engineer;

• Whether the need for the waiver results from the actions of the Applicant or is the result of conditions peculiar to the site or the subject utility lines.

(d)

Exception. Electrical lines with a rated load of greater than twenty-three thousand (23,000) volts shall be exempt from the requirements of this paragraph.

(Ord. No. O-10-05, § 1, 5-15-06; Ord. No. O-8-06, § 1, 1-22-07)

(a)

Definition. For the purposes of this Zoning Code, the term "portable storage unit" shall mean any portable, above-ground containers, including, but not limited to, any storage component of a portable storage or moving system or other containers used for temporary storage of personal property, household goods, or other materials whether or not the component is on wheels or requires transportation via motor vehicle. Portable storage units are intended only to be used for short-term storage.

(b)

Permit required. A no-fee permit must be secured prior to the placement of any portable storage unit within the Town. A complete permit application shall be submitted to the Town Administrator or designee. Such permit shall be issued by the Town Administrator only after an applicant has demonstrated conformance with the requirements of this section.

(c)

Single-family dwellings. Portable storage units may be allowed in single-family dwellings only as follows:

1.

Term. Portable storage units shall be allowed in single-family dwellings for a period of time not to exceed thirty (30) consecutive days. The Town Administrator or designee may, via written approval, grant one (1) extension not to exceed thirty (30) additional consecutive days for good cause.

2.

Placement. Placement shall be on either the driveway or approved parking area surface and shall be accomplished in such a manner that no grass or landscaping is damaged as a result. Portable storage units shall not be placed within any right-of-way or over any easement. Portable storage units shall not extend beyond the front property line.

(d)

Multiple-family dwellings and nonresidential uses. Portable storage units may be allowed in multiple-family dwellings and all other nonresidential uses only as follows:

1.

Term. Portable storage units shall be allowed in multiple-family dwellings and other nonresidential uses only in conjunction with and during the duration of a valid building permit issued by the Town and must be removed prior to the issuance of a certificate of occupancy.

2.

Placement. Placement shall be in the rear or side portion of the property, or other area approved by the building official. Portable storage units shall not be placed in a manner that causes damage to grass or landscaping. Portable storage units shall not be placed within any right-of-way, easement, or in any location that may create a pedestrian or vehicular traffic hazard. Portable storage units shall not extend beyond the front property line.

(e)

Cumulative time limitation. Only one (1) portable storage unit per property is permitted in any twelve (12)-month period unless there is a change of ownership of the residential premises during such twelve (12)-month period.

(f)

Removal of portable storage units during certain storm events. In the event the National Weather Service, National Hurricane Center, Palm Beach County Emergency Operations or other appropriate agency declares a tropical storm or hurricane watch or warning in an area that includes the Town, all portable storage units located within the Town shall be immediately removed from the property so as not to create a safety hazard because of hurricane or tropical storm force winds. The removal and replacement of any portable storage unit pursuant to this subsection shall not count toward any time limitation set forth in this section.

(Ord. No. O-5-20, § 1, 11-23-20)