Zoneomics Logo
search icon

Palm Beach Shores City Zoning Code

SECTION V

- DISTRICT A REGULATIONS3


Footnotes:
--- (3) ---

Cross reference— Satellite dish antenna regulations and requirements for this district, § 14-312; temporary signs permitted in certain zoning districts, § 58-53.


Pf. 5.1.- Permitted uses.

Permitted uses in District A shall be only the following:

a.

One-family dwelling for occupancy by only one family. Boarding houses and/or rooming houses, as defined at Pf. 2.7. are prohibited as a use in this zoning district.

b.

Private horticulture nurseries, greenhouses, and garden work centers, where such activity is carried on only for the personal enjoyment of the lot occupant and no sales of plant materials are made.

c.

Accessory buildings for uses customarily incident to any of the above uses including private garages for motor vehicles when located on the same lot.

d.

Private docks. No private dock shall be used for any purpose other than the private use of the property owner or his guests and no commercial use or purpose shall be made of any docks whatsoever.

(Ord. No. O-9-06, § 3, 3-19-07; Ord. No. O-17-07, § 2, 9-17-07; Ord. No. O-12-18, § 2, 1-28-19)

Pf. 5.2. - Building height.

(a)

The maximum height of any principal building in this district shall be twenty-eight (28) feet, as measured from the finished first floor elevation. For one-story buildings, the building height shall not exceed twenty-four (24) feet, as measured from the finished first floor elevation. No building shall have more than two (2) stories.

(b)

The maximum height of any accessory building in this district shall be seventeen (17) feet measured from the mean elevation of the crown of the adjacent street or streets.

(c)

No roof structures shall be permitted above the height limit of twenty-eight (28) feet, as measured from the finished first floor elevation, except as set forth herein. Working chimneys shall be allowed to exceed the maximum permitted height, but shall not be greater in height than required for compliance with any other applicable code.

(d)

The minimum roof pitch shall be 1/12 and the maximum roof pitch shall be 8/12. No more than ten (10) percent of the total roof area of any building in this district may be a flat roof; all flat roof areas must be concealed from view from any street with architectural features that comply with section 14-87, review criteria for architectural and design features.

(Ord. No. 218, § 1, 12-9-85; Ord. No. O-1-05, § 3, 6-20-05; Ord. No. O-17-07, § 2, 9-17-07; Ord. No. O-14-08, § 3, 1-26-09; Ord. No. O-15-19, § 3, 6-17-19)

Pf. 5.3. - Building site area.

The minimum building site area shall be one platted lot pursuant to the Plat of Palm Beach Shores as recorded in Plat Book 23, Pages 29 et seq. of the Public Records of Palm Beach County, as such plat may be amended from time to time. The maximum building site area shall be two (2) adjoining platted lots pursuant to the plat of Palm Beach Shores, as recorded in Plat Book 23, Pages 29 et seq. of the Public Records of Palm Beach County, as such plat may be amended from time to time.

(Ord. No. O-07-01, § 1, 9-17-01; Ord. No. O-17-07, § 2, 9-17-07)

Pf. 5.4. - Maximum lot coverage; lot coverage calculation.

(a)

Lot coverage, single story principal building. The maximum percentage of coverage of a lot by buildings as set forth in Pf. 2.13., including all accessory buildings and garages, for a single story principal building shall be forty (40) percent, except where a residential structure is built on two (2) adjoining platted lots as allowed by Pf. 5.3. above, in which case the maximum percentage of coverage of the adjoining lots by buildings shall be thirty (30) percent.

(See also Pf. 2.13. Coverage of a lot by buildings., and Pf. 5.4.1. Supplemental floor area calculation)

(b)

Lot coverage, two-story principal building. The maximum percentage of coverage of a lot by buildings as set forth in Pf. 2.13., including all accessory buildings and garages, for a newly constructed two-story principal building shall be thirty-five (35) percent, except where a residential structure is built on two (2) adjoining platted lots as allowed by Pf. 5.3. above, in which case the maximum percentage of coverage of the adjoining lots by buildings shall be twenty-five (25) percent; the floor area ratio requirements at Pf. 5.4.2 must also be applied for all two-story principal structures.

(See also Pf. 2.13. Coverage of a lot by buildings., and Pf. 5.4.1. Supplemental floor area calculation)

(c)

District specific calculation requirements. For any newly constructed principal building, a lot coverage credit of two hundred (200) square feet shall be given when the principal building includes an enclosed garage which is a minimum of two hundred (200) square feet. The lot coverage credit shall be applied only to that portion of the lot coverage attributable to the first floor of the principal building and shall not be credited to second floor balconies.

(Ord. No. O-11-01, § 1, 1-21-02; Ord. No. O-02-04, § 2, 5-24-04; Ord. No. O-1-05, § 3, 6-20-05; Ord. No. O-17-07, § 2, 9-17-07; Ord. No. O-14-08, §§ 1, 3, 1-26-09; Ord. No. O-16-19, § 1, 6-17-19)

Pf. 5.4.1. - Supplemental floor area calculation.

In District "A", the definition for coverage of a lot by buildings at Pf. 2.13. and the definition for floor area total at Pf. 2.23. shall be supplemented with the following measurement criteria: Except for the area covered by the eaves of the building, which may project beyond the building line by no more than two (2) feet, covered paved entryway patios, or covered paved porch areas adjacent to the exterior walls of the structure, whether or not containing supporting columns, shall be counted as both lot coverage and floor area.

(Ord. No. O-02-04, § 2, 5-24-04; Ord. No. O-17-07, § 2, 9-17-07; Ord. No. O-14-08, §§ 1, 3, 1-26-09)

Pf. 5.4.2. - Second story floor area calculation.

(a)

Floor area ratios. For principal buildings with two (2) stories, the second story shall not exceed a floor area equivalent to a ratio of seventy-five (75) percent of the first story floor area. Additionally, the floor area total for the combined first floor and second floor shall not exceed an area equivalent to a ratio of fifty (50) percent lot coverage.

(See Pf. 2.23. Floor area total.)

(b)

Floor area calculations under high ceiling. When calculating the floor area total, the amount of first floor area in excess of two hundred twenty-five (225) square feet which exists under ceilings sixteen (16) feet or higher shall be included again as part the second floor area, as though such air space were actually a second floor of the two-story building.

(c)

Cantilevered balconies. Covered cantilevered balconies shall be included when calculating the floor area total. Uncovered cantilevered balconies in excess of thirty-two (32) square feet shall be included when calculating the floor area total.

(d)

Second floor of enclosed courtyard. The air space at the horizontal projection of the second story floor level above an enclosed courtyard as defined by Pf. 2.20.1. shall be considered as floor area for the second story.

(Ord. No. O-02-04, § 2, 5-24-04; Ord. No. O-1-05, § 3, 6-20-05; Ord. No. O-17-07, § 2, 9-17-07; Ord. No. O-14-08, §§ 1, 3, 1-26-09)

Pf. 5.4.3. - Minimum landscape requirements.

The minimum percentage of lot area coverage by landscaping, as defined by chapter 78, vegetation, shall be twenty (20) percent. Plant material used in landscaping must specifically conform to the requirements of section 78-77, plant material and must meet the applicable regulations set forth in chapter 78, vegetation. Xeriscape installations as part of an overall landscape design are encouraged.

(Ord. No. O-02-04, § 2, 5-24-04; Ord. No. O-17-07, § 2, 9-17-07)

Pf. 5.5. - Front yard.

(a)

The minimum depth of the front yard shall be the distance between the front lot line and the front building line, which for this district is twenty-five (25) feet for any single story building as well as the first story of any two-story building, and thirty (30) feet for the second story of any two-story building.

(b)

No building or part of a building hereinafter erected or structurally altered shall project beyond the applicable front building line except architectural features as set forth at Pf. 5.8 and eaves, which may project a maximum of two (2) feet beyond the applicable front building line.

(Ord. No. 201, § 1, 8-8-83; Ord. No. O-1-05, § 3, 6-20-05; Ord. No. O-17-07, § 2, 9-17-07; Ord. No. O-14-08, § 3, 1-26-09)

Pf. 5.6. - Rear yard.

(a)

The minimum depth of the rear yard shall be the distance between the rear lot line and the rear building line, which for this district is fifteen (15) feet for a maximum of twenty-five (25) lineal feet of the building and twenty-five (25) feet for the remaining lineal feet of the building for any single story building as well as the first story of any two-story building, and thirty (30) feet for the second story of any two-story building.

(b)

No building or part of a building shall project beyond the rear building line except architectural features as set forth at Pf. 5.8 and eaves, which may project two (2) feet beyond the rear building line.

(Ord. No. 201, § 1, 8-8-83; Ord. No. O-1-05, § 3, 6-20-05; Ord. No. O-17-07, § 2, 9-17-07)

Pf. 5.7. - Side yards.

(a)

The minimum depth of the side yards shall be the distance between each of the side lot lines and the side building lines, which for this district is seven (7) feet for any single story building and nine (9) feet for both stories of any newly constructed two-story building except as provided below.

(b)

On all corner lots, the street side yard shall be a minimum of fifteen (15) feet for a single story building and a minimum of fifteen (15) feet for the first story of any newly constructed two story building so long as the first floor beam height is limited to a maximum of fifteen (15) feet. The second floor street side yard shall then be a minimum of twenty (20) feet. Otherwise, the street side yard for any newly constructed two story building shall be twenty (20) feet for both stories.

(c)

On building sites comprised of two (2) adjoining platted lots, the side yard shall be a minimum of twenty-one (21) feet for a single story building and a minimum of twenty-four (24) feet for any newly constructed two-story building.

(d)

No building or part of a building shall project beyond the side building lines except architectural features as set forth at Pf. 5.8 and eaves, which may project a maximum of two (2) feet beyond the applicable setback line.

(Ord. No. O-11-01, § 1, 1-21-02; Ord. No. O-1-05, § 3, 6-20-05; Ord. No. O-17-07, § 2, 9-17-07; Ord. No. O-8-08, § 1, 7-21-08; Ord. No. O-14-08, § 3, 1-26-09)

Pf. 5.8. - Architectural features.

(a)

A maximum of thirty-two (32) square feet of architectural features may project a maximum of two (2) feet beyond any building setback line.

(b)

The front elevation of any building must comply with architectural requirements as set forth in section 14-87, review criteria for architectural and design features.

(c)

Balconies shall only be permitted as follows:

i.

Faux balconies constructed to a maximum depth of eighteen (18) inches from the exterior wall that are inaccessible and uninhabitable are permitted on any side of the building.

ii.

Accessible, habitable balconies are only permitted on the sides of the building that face a street or the Town Parkway, and on both sides of any building so long as they do not extend more than 45 feet back from the front lot line.

iii.

For those properties located on the west side of Lake Drive, Accessible, habitable balconies shall be permitted on all sides of the building, however, the balcony regulations applicable to District C properties as set forth in Pf. 7.9.1 shall also apply to these properties.

(Ord. No. O-02-04, § 2, 5-24-04; Ord. No. O-1-05, § 3, 6-20-05; Ord. No. O-17-07, § 2, 9-17-07; Ord. No. O-25-07, § 1, 1-21-08)

Pf. 5.9. - Town property.

a.

The ten-foot strip of town property on both sides of the streets may be used by the owner of the abutting property with the same restrictions as to use for front yards. The placement of fences, walls, other structures, hedges and shrubbery is governed by Pf. 9.2 herein. Pavement for driveways and parking area approaches may be placed within this ten-foot strip; provided, however, if in the future this ten-foot strip shall be needed by the town for any purpose, any improvement placed in this area may be removed by the town without any liability to the Town.

b.

Except as hereinafter permitted, parking in this ten-foot strip is prohibited, unless within the permitted driveway and parking area approach located in this ten-foot strip as permitted in subsection a. above.

c.

The town has conducted a photographic survey, dated the fourth day of February, 2004, of all the lots in Zoning District A. As a result, the town has identified thirty-one (31) lots that have, as of the survey date, a parking area running parallel to the street within this ten-foot strip. These parking areas located on the thirty-one (31) lots identified in the survey may continue to be used, subject to the provisions of this section. However, no alteration of any such parking areas shall be permitted, except as required by law or ordinance.

d.

The parking areas located on the thirty-one (31) lots identified and more particularly described on the survey, as kept on file with the town clerk, shall terminate and such parking areas shall be removed and replaced with approved pavement for driveways and parking area approaches, and landscaping pursuant to chapter 78, vegetation, at the lot owner's expense upon the first occurrence of any of the following:

1.

Any alteration of such parking area, or to the driveway or any other parking area on the lot;

2.

Any activity or activities upon the lot over time requiring a permit or permits from the Town pertaining to improvements that cumulatively amount to expenditures of money in excess of thirty thousand dollars ($30,000.00);

3.

Any change in ownership of the property; or

4.

January 1, 2015 (sunset of these provisions).

e.

In order to provide all current lot owners, and any other parties who have or may acquire an interest in the thirty-one (31) lots identified in the survey with proper notice of these regulations, the Town shall provide each current lot owner, as listed in the tax collector's office for tax notices, with written notice of same, and shall record a copy of this ordinance in the Public Records of Palm Beach County, Florida.

f.

In an effort to accelerate complete compliance with the provisions of this section, the Town Commission may offer financial incentives to those property owners in District A who agree to voluntarily comply with the provisions of this ordinance prior to its mandatory compliance provisions. Said financial incentives, if offered, shall be established by the Town Commission, shall be available at the office of the Town Clerk and may be amended from time to time as desired by the Town Commission.

(Ord. No. 336, § 2, 10-21-96; Ord. No. O-03-04, § 1, 7-19-04; Ord. No. O-1-05, § 3, 6-20-05; Ord. No. O-17-07, § 2, 9-17-07)

Pf. 5.10. - Easement use.

Any improvements placed in the area of the utility easements shall be so arranged that it permits unhindered access to utility installations in the area. Such improvements in the area may, if necessary for repair, maintenance, and service of utility installations, be removed by the utility company without any liability to said company.

(Ord. No. O-17-07, § 2, 9-17-07)

Pf. 5.11. - Additional provisions.

Subject to all of the provisions of this section, the construction of accessory buildings containing bedrooms and bathrooms shall be permitted in this district. Such accessory buildings shall be used only for occupancy by legitimate, nonpaying guests of the owners of the residence, or bona fide members of the family or servants, and no kitchen or cooking facilities shall be constructed or used therein.

(Ord. No. O-17-07, § 2, 9-17-07)

Pf. 5.12. - Certain uses prohibited.

Uses not permitted by the regulations of this Section are prohibited in this district and particularly, but without limitation thereto, no person shall use any portion of any building in District A for the purpose of carrying on or practicing any profession, occupation, trade, or calling except for the limited use as a home occupation as set forth at subsection 18-29(b) of the Town's Code of Ordinances and as defined as an accessory use at Pf. 2.2. hereinabove.

(Ord. No. 166, § 1, 3-12-79; Ord. No. O-07-00, § 2, 10-16-00; Ord. No. O-17-07, § 2, 9-17-07)

Pf. 5.13. - Off-street parking.

For all residences built in this district off-street parking spaces shall be provided for a minimum of two (2) automobiles. Such spaces may only be in a private garage, carport, or other paved area or a combination of such facilities.

No parking is permitted in any yard area except in approved parking spaces, and except as allowed by the Town Code at chapter 70, traffic and vehicles.

(Ord. No. 201, § 1, 8-8-83; Ord. No. O-06-03, § 1, 10-20-03; Ord. No. O-17-07, § 2, 9-17-07)

Cross reference— Offstreet parking lot layout, § 70-101 et seq.