This district shall include all lots east of Ocean Avenue. Front and rear building lines and lot lines shall be as shown on the Official Zoning Map.

(a)

Permitted uses. Permitted uses in District D shall be only the following:

(1)

Any uses listed as "Permitted Uses" in Districts "A", "B" and "C", except for group home facilities which are only permitted in Zoning District "B" and marinas which are permitted as accessory uses for motels or hotels in the "C" Zoning District or as Special Exception Uses in the "C" Zoning District. All setbacks shall meet those minimums specified in this section below for Zoning District "D".

(2)

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, taverns, assembly rooms for conventions and group uses 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 Pf. 2.34, hereinabove are allowed as accessory uses for motels and hotels in the "C" Zoning District only. No storage, deployment or operation of motorized watercraft shall be permitted in the "D" Zoning District; however, the contracting for the rental of watercraft for offsite use is a permitted accessory use.

(3)

Time share dwelling unit and plan as now or hereinafter defined in Definitions at Subsections 718.103(25) and (26) and Subsections 721.05(37), (38) and (39), Florida Statutes.

(b)

Special exception uses.

(1)

Telecommunications antennas—See Article IV of Chapter 62 for additional requirements (section 62-64 sets forth height limitations which may be exceeded by a maximum of nine and one-half percent (9.5%) if approved with the special exception).

(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. 0-07-99, § 4, 5-17-99; Ord. No. O-04-01, § 2, 7-16-01; Ord. No. O-03-02, § 1, 8-19-02; Ord. No. O-9-06, § 6, 3-19-07)

a.

The maximum height of any building in this district that does not utilize underground/depressed parking pursuant to Pf. 12.6 to contain all required parking for residents of the structure shall be sixty-six (66) feet measured from the grade elevation.

b.

The maximum height of any building in this district that utilizes underground/depressed parking pursuant to Pf. 12.6 to contain all required parking for residents of the structure shall be sixty-eight (68) feet measured from the grade elevation.

c.

No building shall have more than six (6) 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.

(Ord. No. O-1-05, § 6, 6-20-05; Ord. No. O-4-07, § 4, 3-19-07; Ord. No. O-1-23, § 3-27-23)

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, § 2, 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 in the district shall be:

24% for six (6) story buildings;

26% for five (5) story buildings;

28% for four (4) story buildings;

30% for three (3) story buildings;

34% for two (2) story buildings;

36% for one (1) story buildings.

(b)

However, any building that utilizes underground/depressed parking pursuant to Pf. 12.6, or a combination of underground/depressed parking pursuant to Pf. 12.6 and surface level enclosed private garage parking, to contain all parking for residents/tenants of the structure, may increase its applicable maximum percentage of coverage of a lot by buildings by two (2) percent.

(c)

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, § 6, 6-20-05)

Maximum dwelling unit density shall not be greater than forty-two (42) units per acre. In the calculation of dwelling units permitted on a specific lot, determination shall be made by dividing the total square footage of the building site area by a factor of 1037.14. A remaining fraction of one-half (½) 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 (½).

a.

For single story buildings, there shall be a front yard of not less than thirty (30) feet for lots fronting Ocean Avenue.

b.

For multiple story buildings, there shall be a front yard of not less than forty (40) feet for lots fronting Ocean Avenue.

c.

No building or parts of buildings hereafter erected or structurally altered shall project beyond the applicable front building lines, except architectural features as set forth at Pf. 8.9.1.and eaves, which may project two (2) feet beyond these front building lines; as shown on the Official Zoning Map.

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

For building sites containing one (1) platted lot only, there shall be side yard setback restrictions for each such lot, not less than fifteen (15) feet wide on both sides of the building site, for the first two (2) stories. For each story over two (2) stories an additional three (3) feet shall be added to both side yards. Where building sites contain more than one (1) lot, the width of both side yards shall be increased so that a building site consisting of two (2) lots shall have minimum thirty (30) foot side yards and a building site consisting of three (3) adjoining lots shall have minimum forty-five (45) foot wide side yards. No building or part of a building hereafter erected or structurally altered shall project beyond the side building lines, except architectural features as set forth at Pf. 8.9.1.and eaves, which may project two (2) feet beyond these side building lines.

(Ord. No. 233, § 1, 4-13-87; Ord. No. O-1-05, § 6, 6-20-05)

In this district there shall be a rear yard not less than seventy (70) feet deep between the rear building site lines and the rear building line measured easterly as shown on the Official Zoning Map. No building or part of building shall project beyond the rear building line, except architectural features as set forth at Pf. 8.9.1.and eaves, which may project two (2) feet beyond these rear building lines.

(Ord. No. O-1-05, § 6, 6-20-05)

(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 elevations 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, § 6, 6-20-05)

An area one hundred (100) feet deep measured easterly from the rear building site line may be used for landscaping and recreation facilities; provided, that where the distance from the rear building site line eastwardly to the average high water mark is less than two hundred (200) feet, the recreation area shall be reduced so as to leave a minimum distance of one hundred (100) feet from the average high water mark to the easterly limit of the recreation area. This area may not be used for parking.

The entire area of the building site and the recreation area may be used for landscaping and recreation facilities, including swimming pools, pavement for shuffleboard courts, etc., provided, no such improvements exceed four (4) feet in height above the crown of the adjacent street.

(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.1. 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 "D" with proper notice of these regulations, the Town shall provide each current lot owner in District "D", 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, § 6, 6-20-05; Ord. No. O-11-18, § 3, 12-17-18)

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 and shall be so constructed that it causes no damage to buried utility lines. Any improvements placed in this area may, if necessary for repair and maintenance of utility installations, be removed by the utility company without any liability to the utility company.

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 are required 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 by twenty (9 × 20) feet except for establishments offering services (food, drink, supplies, etc.) whose minimum size shall be ten by twenty (10 × 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.

Where accessory uses under Pf. 8.2(b) and (c) above are included as a part of a building, additional off-street parking spaces shall be provided at the rates 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 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 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. Valet parking is hereby prohibited unless specifically approved by the Town Commission.

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.

(Ord. No. 186, § 1, 6-14-82; Ord. No. 187, § 1, 6-14-82; Ord. No. 188, § 1, 8-9-82; Ord. No. 201, § 1, 8-8-83; Ord. No. 0-09-97, § 2, 6-16-97; Ord. No. O-06-03, § 4, 10-20-03)

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