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Palm Beach Shores City Zoning Code

SECTION IV

BASIC RESTRICTIONS FOR ALL DISTRICTS2


Footnotes:
--- (2) ---

Cross reference— Building site and building plans required in all zoning districts, § 14-61 et seq.; receiving antennae, § 14-306 et seq.; perimeter landscaping required for certain property, § 78-74.


Pf. 4.1.- Zoning affects use or occupancy.

No building, structure, land, or water shall hereafter be used or occupied, and no building, structure, or part thereof shall hereafter be erected, constructed, reconstructed, located, moved, or structurally altered except in conformity with the regulations herein specified for the district in which it is located.

Pf. 4.2. - Zoning affects height of structures, population density, lot coverage, yards, and open spaces.

No building or structure shall hereafter be erected or altered in any manner contrary to the provisions of this Zoning Code, and especially but without limitation thereto:

a.

To exceed height, bulk, or floor area;

b.

To provide a greater number of dwelling units per lot or parcel;

c.

To provide less lot area per dwelling unit or to occupy a smaller lot; or

d.

To occupy a greater percentage of lot area;

e.

Or to provide narrower or smaller yards, courts, or other open spaces;

f.

Or lesser separation between buildings or structures or portions of buildings or structures.

Pf. 4.3. - Multiple use of required open space prohibited.

No part of a required yard or other required open space, or required off-street parking or off-street loading space, provided in connection with one building, structure, or use shall be included as meeting the requirements for any other building, structure, or use.

Pf. 4.4. - Reduction of lot area prohibited.

No lot or yard existing at the effective date of these zoning regulations shall thereafter be reduced in size, dimension, or area below the minimum requirements set out herein, except by reason of a portion being acquired for public use in any manner including dedication, condemnation, purchase, and the like. Lots or yards created after the effective date of these zoning regulations shall meet at least the minimum requirements established herein.

Pf. 4.5. - [Buildings to front on public street.]

Every building hereafter erected, reconstructed, or structurally altered shall be located on a lot fronting on a public street, and the frontage of such a lot shall not be less than the frontage of the lot on which it is located.

Pf. 4.6. - Grade elevations.

a.

Generally, the grade elevation of any building site at the building foundation, and to a minimum distance of two (2) feet from the foundation outwards, shall be a minimum of one and one-half (1½) feet and a maximum of two (2) feet above the mean elevation of the crown of the adjacent street or streets, except that in the event of construction of an addition to a single-story structure located in Zoning District A which contains no portion of the parcel located in a Special Flood Hazard Area, an area not to exceed fifty percent (50%) of the square footage of the existing structure shall be allowed to be constructed to match the existing grade elevation.

b.

However, for any single story structure in Zoning District B, C or D that utilizes underground/depressed parking pursuant to Pf. 12.6 to contain all required parking for residents of the structure, the grade elevation at the building foundation, and to a minimum distance of two (2) feet from the foundation outwards, may be increased to a maximum of three (3) feet above the mean elevation of the crown of the adjacent street or streets.

c.

For any multiple story structure in Zoning District B, C or D that utilizes underground/depressed parking pursuant to Pf. 12.6 to contain all required parking for residents of the structure, the grade elevation at the building foundation, and to a minimum distance of two (2) feet from the foundation outwards, must be three (3) feet above the mean elevation of the crown of the adjacent street or streets. All ingress and egress ways for the underground/depressed parking level shall retain the grade slope to the greatest extent possible. Where necessary to facilitate the underground/depressed parking level, retaining walls may be utilized to comply with grade elevation requirements, however, the use of any such retaining wall must be specifically approved by the Planning and Zoning Board as part of the site plan review process.

d.

The elevation of the finished first floor of any building shall be a minimum of one-half (½) feet and a maximum of one and one-half (1½) feet above the highest grade elevation of the building site or no less than the 100-year flood level, whichever is the highest, except that in the event of construction of an addition to a single-story structure located in Zoning District A which contains no portion of the parcel located in a Special Flood Hazard Area, an area not to exceed fifty percent (50%) of the square footage of the existing structure shall be allowed to be constructed to match the existing finished first floor. However, for any multiple story structure in Zoning District B, C or D that utilizes underground/depressed parking pursuant to Pf. 12.6 to contain all required parking for residents of the structure, the elevation of the finished first floor of the building shall be no higher than seven (7) feet above the mean elevation of the crown of the street at the front of the lot. All ingress and egress ways for the first floor shall be set at or between the grade elevation at the building foundation, and the elevation of the finished first floor.

e.

At the boundary lines, the building site shall be graded to a reasonable match with abutting properties. The balance of the building site, including all surface parking areas, shall be graded from the high level located two (2) feet outward from the building foundation to the low levels at the boundary lines, with a continuous gradual slope.

(Ord. No. O-1-05, § 2, 6-20-05; Ord. No. O-4-07, § 1, 3-19-07; Ord. No. O-22-07, § 1, 11-19-07; Ord. No. O-15-19, § 2, 6-17-19; Ord. No. O-3-22, § 1, 5-23-22)