This district shall include all waterfront lots facing Lake Drive and Inlet Way, except lots 560 through 566, which shall remain in District A.

(a)

Permitted uses.

(1)

Any uses permitted in Districts "A" & "B" except for group home facilities which are only allowed in Zoning District "B". All setbacks shall meet the minimums specified in this section below for District "C".

(2)

Hotels and motels.

(3)

Accessory uses may include uses of a nature customarily incidental and subordinate to the principal use. Such uses may include stores, shops, dining rooms, bars or taverns, and lawfully incorporated private clubs with or without bars, when such facilities are for the main and principal purpose of serving residents and guests of the establishment. Facilities of the types listed in the preceding sentence must be an integral part of the principal building and entrances to such facilities shall not open or front upon any public street. Additional accessory uses may also include recreational amenities, facilities or concessions when such facilities are for the main and principal purpose of serving residents and guests of the establishment. Marinas, as defined in section 82-50, are allowed as accessory uses for motels and hotels in the "C" zoning district only and shall be consistent with the standards, limitations and requirements associated with marinas provided in chapter 82, waterways, article III, docks, marinas and water-dependent facilities, of this Code. There shall be no rental of any watercraft allowed within the town except at commercial docks and marinas in the C zoning district consistent with the requirements established in chapter 82 of this Code.

(b)

Special exception uses.

(1)

Commercial docks. Ancillary and support services provided at commercial docks shall be limited to:

a.

Renting or leasing of boat slips.

b.

Charter boats.

(2)

Marinas. Ancillary and support services provided at marinas shall be limited to:

a.

Sale of gasoline, diesel and oil for boating purposes only.

b.

Renting or leasing of boat slips.

c.

Sale of ice or bait, and other fishing equipment or supplies.

d.

Retail sale of marine supplies.

e.

Accessory on-shore retail and eating facilities.

f.

Servicing (marine).

g.

Pump-out services.

h.

Charter boats.

Commercial docks and marinas must comply with the standards, limitations and requirements associated with marinas provided in chapter 82, waterways, article III, docks, marinas and water-dependent facilities, of this Code.

(c)

Boarding houses and/or rooming houses. Boarding houses and/or rooming houses, as defined at Pf. 2.7. are prohibited as a use in this zoning district.

(Ord. No. 0-08-97, § 2, 6-16-97; Ord. No. 0-07-99, § 3, 5-17-99; Ord. No. O-04-01, § 1, 7-16-01; Ord. No. O-9-06, § 5, 3-19-07; Ord. No. O-2-11, § 2, 9-19-11; Ord. No. O-12-18, § 3, 1-28-19)

a.

The maximum building height of any building in this district that does not utilize surface parking with grading and landscaping pursuant to Pf. 7.13, and instead utilizes underground/depressed parking shall be forty-three feet six inches (43', 6") and the top of the beam shall not exceed thirty-eight feet six inches (38', 6") measured from the grade elevation.

b.

The maximum height of any building in this district that utilizes surface parking with grading and landscaping areas pursuant to Pf. 7.13 shall be forty-six (46) feet measured from the grade elevation and the top of the beam shall not exceed forty-one (41) feet measured from the grade elevation.

c.

No building shall have more than three (3) stories.

d.

The maximum height of any accessory building in this district shall be fifteen (15) feet.

e.

Roof structures for housing elevator machinery, stairwell enclosures, tanks, skylights, chimneys, ventilating fans, receiving antennas, air conditioning equipment and non-habitable architectural features shall be permitted above the applicable height limit. Such structures shall not be greater in height and area than required to house such equipment, and such architectural features shall comply with section 14-87, Review criteria for architectural and design features. The total roof area of such roof structures shall not be greater than five (5) percent of the roof area of the building on which they are erected. Under no circumstances shall such roof structure be used or equipped for storage or habitation of any kind. All roof structures shall be shown on the original building plans submitted for approval.

f.

The minimum roof pitch for a pitched roof shall be 4/12 and maximum roof pitch shall be 12/12. All structures with a flat roof shall also contain a visible roof pitch along the roof perimeter in order to conceal the flat roof.

(Ord. No. 218, § 1, 12-9-85; Ord. No. O-1-05, § 5, 6-20-05; Ord. No. O-4-07, § 3, 3-19-07; Ord. No. O-1-20, § 2, 10-26-20)

The minimum building site area shall be one platted lot. The maximum building site area shall be three (3) adjoining platted lots, as set out on the Plat of Palm Beach Shores, as amended unless otherwise approved as a Special Exception by the Town Commission after a public hearing and after receipt of the recommendation of the Town Planning and Zoning Board.

(Ord. No. G, § 1, 5-8-91)

(a)

Lot coverage. The maximum percentage of coverage of a lot by buildings as set forth in Pf. 2.13. including all accessory buildings and garages that are not underground or depressed shall be thirty-six (36) percent for one (1) story buildings, thirty-four (34) percent for two (2) story buildings, and thirty-two (32) percent for three (3) story buildings. Area of lot to be used in determining the foregoing percentages shall be bounded by the side lot lines, the front lot line, and the bulkhead and/or the U.S. Government easement line.

(b)

District specific calculation requirements. A maximum square footage equal to seven (7) percent of the floor area total per dwelling unit may be utilized as uncovered cantilevered balconies above the first floor, or as uninhabitable architectural features on any floor projecting beyond the exterior face of exterior walls or supporting columns without being included in the calculation for lot coverage, up to a maximum dwelling unit size of two thousand (2,000) square feet.

(Ord. No. O-1-05, § 5, 6-20-05)

a.

Maximum dwelling unit density shall not be greater than thirty (30) units per acre. In the calculation of number of dwelling units permitted on a specific lot, determination shall be made by dividing the total square footage of the lot by a factor of 1452.0. A remaining fraction of one-half or greater shall entitle the developer to one additional dwelling unit, but there shall be no additional entitlement for a remaining fraction of less than one-half.

b.

However, Maximum dwelling unit density shall not be greater than twenty (20) units per acre for any development that utilizes a maximum building height in excess of forty-three feet, six inches (43' 6"). In the calculation of number of dwelling units permitted on a specific lot, determination shall be made by dividing the total square footage of the lot by a factor of 2178.0. A remaining fraction of one-half or greater shall entitle the developer to one additional dwelling unit, but there shall be no additional entitlement for a remaining fraction of less than one-half.

(Ord. No. O-1-20, § 3, 10-26-20)

a.

For single story buildings, there shall be a front yard of not less than twenty-five (25) feet for properties fronting on Lake Drive and for properties fronting on Inlet Way.

b.

For multiple story buildings, there shall be a front yard of not less than thirty-five (35) feet for properties fronting on Lake Drive and for properties fronting on Inlet Way.

c.

No buildings or part of buildings hereafter erected or structurally altered shall project beyond the applicable front building line except architectural features as set forth at Pf. 7.9.1. and eaves, which may project two (2) feet beyond this front building line.

(Ord. No. O-1-05, § 5, 6-20-05; Ord. No. O-4-07, § 3, 3-19-07)

For building sites of one (1) platted lot there shall be side yards each not less than ten (10) feet wide on both sides of the building site. When building sites contain more than one (1) lot, the side yards shall be proportionally increased so that a building site containing two (2) platted lots shall have twenty (20) foot wide side yards and for three (3) platted lots the side yards shall each be thirty (30) feet wide.

On corner lots at the outer side lot line, five (5) feet shall be added to the side yard computed as described above.

No building or any part of a building hereafter erected or structurally altered shall project beyond the building lines established above, except architectural features as set forth at Pf. 7.9.1. and eaves, which may project two (2) feet beyond these lines.

(Ord. No. O-1-05, § 5, 6-20-05)

a.

For buildings on Inlet Way, there shall be a rear yard not less than twenty-five (25) feet in depth.

b.

For buildings on Lake Drive, there shall be a rear yard not less than fifteen (15) feet in depth.

c.

Any lot with an average depth in excess of 220 linear feet between front and rear lot lines shall increase its rear yard by five (5) feet for any development that utilizes a maximum building height in excess of forty-three feet, six inches (43' 6").

d.

No building or any part of a building shall project beyond the applicable rear building line, except architectural features as set forth at Pf. 7.9.1. and eaves, which may project two (2) feet beyond the rear building line.

(Ord. No. O-1-05, § 5, 6-20-05; Ord. No. O-4-07, § 3, 3-19-07; Ord. No. O-1-20, § 4, 10-26-20)

(a)

Balconies and uninhabitable architectural features located above the first floor may encroach a maximum of two (2) feet into any building setback line up to a maximum area equivalent to seven (7) percent of the floor area total per dwelling unit, up to a maximum dwelling unit size of two thousand (2,000) square feet.

(b)

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

(Ord. No. O-1-05, § 5, 6-20-05)

(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 in this district; provided, however, that no fences, walls, or other structures above or below ground may be placed in this ten-foot strip of Town property. Pavement for driveways and parking area approaches (including driveway pavers subject to the requirements of subsection (c) below) may be placed in this ten-foot strip, which may also be used for temporary parking but may not be counted as a part of the required minimum off-street parking area. 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 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)

Lots that have, as of the adoption of the ordinance from which this section is derived, a parking area adjacent to the street within this ten-foot strip may continue to use said parking area, subject to the provisions of this section. However, no double parking shall be permitted thereon (see also section 70-32(4) of this Code), and no alteration of any such parking areas shall be permitted, except that such parking areas may be improved by replacing existing asphalt or concrete with driveway pavers, or otherwise as required by law or ordinance. To install pavers within the ten-foot Town strip, a limited agreement for construction in road right-of-way must be executed by both the property owner and the Town and recorded in the public records. Such agreement shall be executed and recorded prior to building permit issuance.

(d)

The parking areas to which subsection (c) above applies, 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, in accordance with the occurrences set forth at Pf. 5.98.d.l. through 4. for any property whose principal building is a single family structure; and upon the construction of a new principal (meaning non-accessory) building or upon a change in use for all other properties.

(e)

In order to provide all current lot owners, and any other parties who have or may acquire an interest in property in District "C" with proper notice of these regulations, the Town shall provide each current lot owner in District "C", 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.

(Ord. No. O-1-05, § 5, 6-20-05; Ord. No. O-11-18, § 2, 12-17-18)

Editor's note— Pf. 7.11, pertaining to fences, walls and hedges, derived from the Code of 1977, was repealed by Ord. No. 268, adopted August 13, 1990, in its entirety.

Any improvements placed in the area of the utility easement 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.

(a)

Multi-family residences. Multiple-family residences shall have a minimum of one and one-quarter (1¼) off-street parking spaces for each hotel and motel room, one-bedroom or efficiency apartment. One and one-half (1½) parking spaces for two-bedroom apartments with one-half (½) space for each additional bedroom. Off-street parking spaces shall be paved and marked with a minimum size of nine (9) by twenty (20) feet, except for establishments offering services (food, drink, supplies, etc.) whose minimum size shall be ten (10) by twenty (20) feet, and so arranged that any vehicle may be parked and removed without moving any other vehicle. Parking area and arrangement of spaces shall be shown on the original building plans submitted to the Planning and Zoning Board for approval and for all modifications to the previously approved site plan.

(b)

Accessory Uses. Where accessory uses under Pf. 7.2(a)(3) above are included as a part of a building, additional off-street parking spaces shall be provided at the ratio of one (1) off-street parking space for each three (3) seats in private clubs, dining rooms, bars, or taverns, and at the ratio of one (1) off-street parking space for each two hundred (200) square feet of gross floor area in shops or stores. Such additional parking facilities need not be on the same building site as the principal establishment; provided that the proposed location is located within the same zoning district as the principal use it is designed to serve if located within the Town corporate limits. Additionally, the owner of the principal establishment shall submit to the Town a written agreement with the owner of the off-site parking area. Such agreement must be approved by the Town Commission prior to the use of the off-site parking area. All uses supported by off-site parking shall automatically cease should the agreement for off-site parking terminate for any reason, whatsoever, and such uses shall not be re-instituted unless and/or until another off-site parking agreement has been provided to the Town and approved by the Town Commission. All uses supported by off-site parking shall automatically cease should either jurisdiction cease permitting off-site parking within their jurisdiction. Valet parking is hereby prohibited unless specifically approved by the Town Commission as part of a site plan review or site plan modification.

(c)

Commercial docks and marinas. For commercial docks and marinas approved as special exception uses under Pf. 7.2(b)(1) or (2), the upland site shall provide:

(1)

Ancillary and support services include private clubs, dining rooms, bars or taverns. Parking shall be provided at the ratio of one (1) off-street parking space for each three (3) seats in the private club, dining room, bar or tavern;

(2)

Ancillary and support services include shops or stores. Parking shall be provided at the ratio of one (1) off-street parking space for each two hundred (200) square feet of gross floor area in the shop or store;

(3)

Boat slips. Parking shall be provided at a ratio of 0.75 parking space for every boat slip available;

(4)

Ancillary and support services which include charter boats. Parking shall be provided as follows:

a.

Any or all charter boats shall first secure a Town business tax receipt and certificate of use for that purpose. Prior to the issuance of the business tax receipt and certificate of use, the applicant must demonstrate that there is adequate parking for this use in addition to the parking required for other uses located on the same property.

b.

Parking area and arrangements of spaces shall be shown on the application plans and must be submitted to the building official and approved by the Planning and Zoning Board prior to issuance of an occupational license.

c.

Parking spaces for charter boats shall be paved and marked, with a minimum size of ten (10) by twenty (20) feet each, and so arranged that any other vehicle may be parked and removed without moving any other vehicle. Parking spaces shall be provided at the ratio of one and one-half (1½) parking spaces for each boat slip so used, plus one (1) parking space is required for every three (3) passengers allowed to be carried as a passenger on such vessel as designated in the vessel's certificate of inspection issued by the United States government, Department of Transportation, United States Coast Guard; and all such vessels shall be properly licensed as required by applicable state and federal laws and regulations and shall comply with all applicable equipment requirements of the United States Coast Guard before an occupational license may be issued by the Town.

Such additional parking facilities need not be on the same building site as the commercial dock or marina; provided that the proposed location is located within the same zoning district as the principal use it is designed to serve, if located within the Town corporate limits. Additionally, the owner of the commercial dock or marina shall submit to the Town a written agreement with the owner of the off-site parking area. Such agreement must be approved by the Town Commission prior to the use of the off-site parking area. All uses supported by off-site parking shall automatically cease should the agreement for off-site parking terminate for any reason, whatsoever, and such uses shall not be re-instituted unless and/or until another off-site parking agreement has been provided to the Town and approved by the Town Commission. All uses supported by off-site parking shall automatically cease should either the Town or the offsite parking location jurisdiction cease permitting off-site parking within their jurisdictions. Valet parking is hereby prohibited unless specifically approved by the Town Commission as part of a site plan review or site plan modification.

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

(d)

Grading and landscape screening. In order to utilize maximum building height allowances provided in Pf. 7.3(b), underground/depressed parking pursuant to Pf. 12.6 shall not be utilized, and surface-level off-street parking shall be utilized and screened from view from adjacent rights-of-way by use of two feet of grading, from the exterior building walls to and along the perimeter of the property. Additionally, landscaping sufficient to complete the visual barrier from adjacent rights-of-way shall be utilized; such landscaping may be installed on the graded surface and a swale area shall be provided on the outside of the graded surface sufficient to ensure drainage is contained within the property boundaries. The grade slope shall be no less than a three (3) to one (1) slope.

(Ord. No. 138, § 1, 11-10-75; Ord. No. 201, § 1, 8-8-83; Ord. No. 0-09-97, § 1, 6-16-97; Ord. No. O-06-03, § 3, 10-20-03; Ord. No. O-12-18, § 4, 1-28-19; Ord. No. O-1-20, § 5, 10-26-20)

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