General rules and regulations for uses, buildings and structures applying to all zoning districts as well as special exception regulations applying to specific zoning districts shall be enumerated herein.

(Ord. No. 220, § 400, 5-20-86)

(a)

Scope. This section includes those accessory uses, buildings and structures inclusive of bus shelters customarily incidental and subordinate to the main use or primary structures which are located on the same lot or parcel of property.

(b)

Development regulations for accessory uses, buildings and structures.

(1)

Location and regulations.

a.

Permanent. All permanent accessory uses, buildings and structures, including sheds, shall be located on the same lot as the primary structure or principal or main use and not within any required yard setbacks, except for play structures and sheds which must meet the side yard setback requirements for the zoning district in which they are located but which may be located ten (10) feet from the rear property line providing that no portion of the play structure or shed exceeds eight (8) feet in height. For sheds and play structures exceeding eight (8) feet in height, any design element of a shed or play structure exceeding eight (8) feet in height must be set back an additional one (1) foot in both the rear and side yards for every one (1) foot, or portion thereof, which exceeds eight (8) feet. All accessory structures over one hundred fifty (150) square feet shall match the architectural style of the principal/primary structure to include but not be limited to color; façade material and treatments (brick, stucco, etc.); and same type (cement tile, shingle, etc.), pitch and style (gable, hip, mansard, etc.) of roof. Wall and overall building height for all detached accessory structures shall not exceed the height of the principal/primary structure. Any accessory structure exceeding the height of the principal/primary structure shall be attached to and part of an addition and shall match the architectural style of the principal/primary structure to include but not be limited to color; façade material and treatments (brick, stucco, etc.); type (cement tile, shingle, etc.), pitch and style (gable, hip, mansard, etc.) of roof and shall be subject to the regulations set forth in the applicable zoning district.

b.

Temporary. Temporary shade structures, detached or attached, such as tents, portable pavilion tents, retractable awnings, or any other similar temporary shade structures may be allowed and located within the required yard setbacks; however, such temporary shade structures shall be allowed on a temporary basis only for a defined time period not to exceed three (3) consecutive days.

c.

Shipping containers. The placement or use of any shipping container or other transport container as an accessory structure or building, storage building, living unit, or in any other manner on residentially-zoned property and/or land used for residential purposes is prohibited. Shipping containers are not permitted in any zoning district for use as a residential structure. Shipping containers may be used by licensed and bonded contractors for temporary housing of equipment and materials during construction subject to an active village building permit.

d.

Garages, detached private.

1.

Size. The minimum clear space required for all detached private garages on a single-family residential lot shall be ten (10) feet by twenty (20) feet.

2.

Accessibility. The connecting drive for all detached private garages shall be no wider than the largest detached private garage opening and shall not be immediately adjacent to any patio or other impervious surface. The connecting drive for a detached private garage shall be utilized solely for the parking of vehicles able to fit entirely within the detached garage.

3.

All access drives to detached private garages shall meet the setback requirement for the detached structure.

4.

Any rear improved surfaces shall at a minimum meet the side and rear setbacks for the principal/primary structure.

e.

Bus shelters. Bus shelters as accessory structures may be located on private or public property. Notwithstanding anything to the contrary in the zoning code, such structures may be placed within the required setbacks of said private or public property if previously approved for such location by the director. Design elements utilized must be consistent with bus shelters previously constructed within the village. If constructing a bus shelter on property which has a previously approved site plan, a minor amendment is required in accordance with the requirements set forth at section 26-40. Such structures may also be placed within existing rights-of-way or public easement areas in circumstances where bus shelters are proposed for locations consistent with the transportation element of the village comprehensive plan.

f.

Sheds.

1.

Size. The cumulative gross square feet of floor space allowed for all sheds located on a single-family residential lot shall not exceed one hundred fifty (150) square feet.

2.

Height. Sheds shall have a maximum building height equal to or less than that of the principal/primary structure.

(2)

Height. No accessory use, building or structure shall exceed the height permitted in the district in which the principal use is located.

(3)

Use. Such accessory building shall not be rented or otherwise used as a separate dwelling unit.

(4)

Permitting. A permit shall be required for any structure, play structure or recreational station which includes a floor, roof, wall or support panels totaling more than six (6) square feet. Permit applications must be accompanied by a location survey and must meet the currently adopted building code, be designed and sealed by a registered engineer or architect, or in the case of play structures only be approved by the building official. Method of anchoring and type of proposed exterior finish must be included with the application.

(c)

Model homes.

(1)

Regulations. One (1) or more dwellings or structures within a residential zoning district may be used as a model home to show or display the dwelling or structure for sales purposes provided that the owner of the model home is an active builder within the subdivision in which the model home is located. If at any time the dwelling being used as a model home creates or causes a disturbance to the neighborhood or becomes a nuisance of any type, whatsoever, the village shall serve notice upon the owner of such model home to correct the deficiencies within a certain time as stated on the notice or to forfeit the use of the dwelling as a model home. Conditions which shall be deemed to constitute a disturbance and/or nuisance include, but are not limited to, the following:

a.

Unsightly or unsanitary conditions on or about the dwelling;

b.

Excessive noise or disturbances to adjacent neighbors;

c.

Conditions creating hazards to traffic or traffic flow;

d.

The use of the dwelling as a living quarters, legal residence or domicile.

(2)

Termination. When the last dwelling unit, other than the model home, within the subdivision in which the model home is located has been sold, the use of the dwelling as a model home shall be automatically terminated and the permit revoked.

(3)

Permit required. Prior to the use of any dwelling or structure as a model home, a permit must be issued by the building department under the terms and conditions as set forth herein.

(4)

Signage. Signage for model homes shall be as set forth in the Village Sign Code, chapter 20, of the Village Code of Ordinances.

(d)

Vehicle auction sales. Vehicle auction sales may be permitted subject to the following:

(1)

The use is ancillary to the principal use of new and/or used car sales.

(2)

The amount of time spent on the vehicle auction sales use is limited to less than twenty-five (25) percent of the total hours of operation for the new and/or used vehicle sales operation.

(3)

Vehicle auction sales shall be limited to a maximum of two (2) vehicle auction sales within any seven-day period. In addition, no more than one (1) evening vehicle auction sale shall be permitted within the same seven-day period.

(4)

The hours of operation for the evening vehicle auction sales shall be limited to 7:00 p.m. to 10:00 p.m.

(5)

The hours of operation for the daytime vehicle auction sales shall be limited to 10:00 a.m. to 4:00 p.m.

(6)

There shall be no outdoor loud speaker system that is audible from the exterior of the site.

(7)

A minimum of five (5) acres of contiguous property is required to host the special exception use.

(e)

Electric vehicle charging stations. Electric vehicle charging stations may be installed within the village subject to the following:

(1)

Definitions.

a.

Electric vehicle charging level. The standardized indicators of electrical force, or voltage, at which an electric vehicle's battery is recharged, including the following specifications:

i.

Level 1 requires a 15 or 20-amp breaker on a 120-volt AC circuit and standard outlet;

ii.

Level 2 requires 40 to 100-amp breaker on a 240-volt AC circuit; or

iii.

Level 3 requires a 60-amp or higher dedicated breaker on a 480-volt and higher three-phase circuit with special grounding equipment. A Level 3 charging shall use an off-board charger to provide the AC to DC conversion. delivering DC directly to the car battery.

b.

Electric vehicle charging station. A parking space that is served by electric vehicle charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy source device in an electric vehicle.

c.

Electric vehicle parking space. An off-street parking space that is equipped with an electric vehicle charging station.

(2)

Accessory use only. Electric vehicle charging stations are allowed as accessory uses only in connection with a lawful principal use in the following nonresidential zoning districts: CO office commercial district, CG general commercial district, IL industrial limited district, IG industrial general district, PO public ownership district, and MXD mixed use development district, electric vehicle charging stations designated for use by the public are also permissible as accessory uses only in connection with a lawful principal use in planned unit developments, planned commercial developments, and planned industrial developments so long as such charging stations are located in common areas controlled and regulated by a property owner's association, commercial owner's association or similar entity.

(3)

Regulation. The installation of an electric vehicle charging station shall comply with all applicable laws, regulations and permitting requirements required by life-safety/building codes and village regulations.

(4)

Location. All electric vehicle charging station equipment shall be located adjacent to a conforming parking space pursuant to chapter 23 (Traffic and Vehicles) and designated for electric vehicle charging. The preferred location shall be such that a single electric vehicle charging station could service two (2) parking stalls. All electric vehicle charging station equipment, including associated equipment and power cords, associated with an electric vehicle charging station shall not encroach upon the area required by chapter 23 (Traffic and Vehicles) to constitute a conforming parking space, but shall be located in a separate, additional area. For example, if village code requires that a parking space be of a certain dimension, then the electric vehicle charging station, including all associated equipment and power cords, shall not be located within such dimension.

(5)

Quantity and usage. No more than five (5) parking spaces shall be utilized as electric vehicle charging stations on any one (1) parcel, or within any particular development (if multiple parcels), within the Village. Electric vehicle charging stations shall only be installed for use by patrons of the business(es) located on the property upon which they are installed.

(6)

Design. The provision for an electric vehicle charging station may vary based on the design and use of the primary parking lot; however, in all instances, the proposed location must ensure the safe and efficient flow of vehicular and pedestrian traffic.

a.

Electric vehicle charging stations, including its associated equipment and power cords, shall not traverse sidewalks, accessible routes, or other pedestrian areas.

b.

Likewise, the placement of each electric vehicle charging station shall not conflict with landscaping, curbing, terminal islands or perpendicular divider strips to the extent that the purpose and intent of the landscape code in chapter 15 (Landscaping and Vegetation Management) is no longer met.

c.

Electric vehicle charging stations shall be limited to a total height of eight (8) feet above ground level and shall not be garish.

(7)

Components. All electric vehicle charging stations shall contain a retraction device, coiled cord, or a place to hang cords and connectors above the ground surface.

(8)

Screening. All auxiliary components of electric vehicle charging stations shall be completely concealed from public view with landscaping pursuant to section 15-133(h). This does not apply to the terminal display / interface for the charging station/parking space.

(9)

Parking.

a.

An electric vehicle charging station space shall not be included in. or count towards, the minimum number of parking spaces required pursuant to chapter 23, article II (Parking) and such electric vehicle charging stations shall only occupy surplus parking spaces on the site.

b.

Electric vehicle charging stations shall not be installed within a designated handicap space unless it is specifically designed and intended for handicap use only.

(10)

Signage.

a.

Electric vehicle parking spaces shall be painted green, or shall be marked by green painted lines or curbs.

b.

Each public electric vehicle charging station shall have at least one (1) posted sign displaying operational information including: 1) voltage and amperage levels, 2) hours of use, 3) applicable usage fees, 4) safety information and penalties related to a misuse, and 5) contact information for the owner of the charging station to allow customers to report issues relating to the charging station. Signs shall be no greater than 24 inches wide by eighteen (18) inches high. Color and letter size specifications shall meet the manual on uniform traffic control devices (MUTCD) requirements for sign designation (electric vehicle charging).

c.

At each electric vehicle charging station, the associated advertising/identification signage area is limited to nine (9) feet square feet of brand advertising/identification signage per station. Such signage shall not be placed any higher on the station than six (6) feet from ground level.

d.

Each electric vehicle charging station shall be allowed one (1) electronic screen which shall not exceed twelve (12) inches by fifteen (15) inches in size. Such screens shall be solely limited to operation of the electric vehicle charging station and shall not play or otherwise emanate advertisements, music, or any other programming. Electronic screens shall not be counted toward the signage restrictions provided in subparts (b) or (c) above.

(11)

Maintenance. Electric vehicle charging stations shall be maintained in good condition, appearance and repair. Current contact information shall be provided on the charging station equipment for the party responsible for maintenance and operation of the equipment.

(12)

Safety. When the electric vehicle charging station space is perpendicular or at an angle to curb face and charging station equipment, adequate equipment protection such as wheel stops or bollards shall be used.

(13)

Restrictions. The property owner of a public electric vehicle charging station or the underlying fee owner shall have the authority to place restrictions on the number of hours that an electric vehicle is allowed to charge, in order to deter indefinite charging/parking. For example, restrictions may be posted prohibiting overnight parking.

(Ord. No. 220, § 400.1, 5-20-86; Ord. No. 507, § 7, 10-3-96; Ord. No. 754, § 3, 10-19-06; Ord. No. 841, § 1, 12-16-10; Ord. No. 861, § 3, 3-15-12; Ord. No. 967, § 2, 5-17-18; Ord. No. 1002, § 1, 8-20-20; Ord. No. 1018, § 2, 4-20-23; Ord. No. 1059, § 1, 10-16-25)

Editor's note— Ord. No. 1002, § 1, adopted Aug. 20, 2020, changed the title of § 26-57 from accessory uses, buildings and structures; model homes; and vehicle auction sales to read as herein set out.

(a)

Scope. This section addresses home occupations and sets forth the conditions under which they are allowed.

(b)

Permitted home occupations. Only home occupations which meet the standards and criteria as set forth in the definitions section herein shall be allowed. (See section 26-22 for definitions.)

(c)

Rules and regulations for home occupations.

(1)

The use must be conducted by a person residing on the premises. In addition, a total of up to two employees or independent contractors not residing on the premises may also work at the home occupation.

(2)

Any use of chemical, electrical or mechanical equipment shall comply with all use performance standards set within section 26-101, village code.

(3)

No commodity (inventory) shall be stockpiled or sold outside the residential dwelling and no products shall be visibly displayed or visible from the street.

(4)

No external evidence or sign that the dwelling is being used for the home occupation shall be allowed other than those signs permitted for residentially zoned properties in section 20-56, village code.

(5)

No change to the exterior character or appearance of the dwelling shall occur without the requisite approval from the village planning and zoning commission as provided within chapter 2, article IV, division 6, village code.

(6)

The activities of the home-based business must be secondary to the property's use as a residential dwelling.

(7)

Parking related to the home occupation shall comply with all applicable off-street and on-street parking regulations for the dwelling's residential district as provided within chapter 23, village code.

(Ord. No. 220, § 400.2, 5-20-86; Ord. No. 507, § 8, 10-3-96; Ord. No. 1022, § 3, 2-17-22)

(a)

In general. Unless otherwise provided in this chapter, a community residential home shall be governed by the property development regulations applicable to the zoning district in which it is established.

(b)

Accessory land uses. A community residential home may have accessory uses customarily incidental to other similar residences.

(c)

Maximum occupancy. The maximum allowable occupancy for community residential homes shall be consistent with maximum density allowances for the zoning district in which the community residential home is to be established. Occupancy is to be calculated by multiplying the maximum density of a conventional residential development permitted by 2.3 persons per household. The 2.3 persons per household represent the average household size of all occupied units in Palm Beach County in the 1990 U.S. Census.

(d)

Parking requirements. Off-street parking for community residential homes for six (6) or less persons shall comply with parking requirements for single-family residences. Off-street parking for community residential homes for more than six (6) persons shall be provided with a ratio of a minimum of one (1) parking space for every four (4) persons occupying the home. Community residential homes for more than fourteen (14) persons shall establish a safe dropoff area for group transportation, such as vans or similar vehicles.

(Ord. No. 342, § 2, 6-21-90; Ord. No. 507, § 9, 10-3-96)

Editor's note— Former § 26-59 pertained to adult congregate living facilities, was repealed by § 2 of Ord. No. 342, adopted June 21, 1990, and originated from Ord. No. 220, adopted May 20, 1986.

(1)

Purpose and intent. Senior housing facilities (SHF) have evolved over time from the traditional nursing home and convalescent care facilities to include a broader variety of facilities and personal services. It is the intent of this section to provide locational criteria and reasonable minimum standards for the development and/or use of property within the village as senior housing facilities. These standards must be met regardless of the existence of lesser standards imposed by other sections of this chapter or by other governmental agencies.

(2)

Conversion. If a SHF is converted into a different use, the new use shall be required to meet all development standards applicable to the zoning district in which it is located.

(3)

Minimum parcel perimeter landscape requirements. Perimeter landscaping shall be required along all property lines and shall comply with subsection 15-131(c) when said property line is adjacent to a roadway; and for all other property lines, the perimeter landscaping shall comply with all landscaping standards of subsection 15-131(b) regardless of whether the SHF is adjacent to non-residential, residential or public ownership property. If the SHF is adjacent to property zoned RS-1, RS-2, or RS-3, then the twenty-five-foot-wide vegetative buffer required by this section shall be seventy-five (75) percent opaque within one (l) year after planting.

(4)

Site development standards.

(a)

Minimum lot area. The minimum lot area requirements for the applicable zoning district shall apply, but in no case shall a lot size be less than three (3) acres.

(b)

Minimum lot dimensions. The minimum lot dimension requirements for the applicable zoning district shall apply, but in no case shall lot size be less than the following:

(c)

Maximum building height. The maximum building height shall not exceed thirty-two (32) feet and not more than three (3) stories. No height variances shall be granted for SHFs located adjacent to property zoned RS-1, RS-2 or RS-3.

(d)

Minimum yard setbacks.

* In the case where such building has portions adjacent to property zoned RS-1, RS-2 or RS-3 that exceed twenty-two (22) feet or two (2) stories in height, there shall be an additional setback of twenty-five (25) feet for those portions.

(e)

Minimum pervious area: Forty-five (45) percent of total site area.

(f)

Maximum building coverage: Thirty (30) percent of total lot.

(g)

Minimum common open space: Thirty (30) percent of total site area. This percentage does not include vehicle use areas (VUA), perimeter landscape areas, or drainage facilities.

(h)

Minimum floor area:

(i)

Minimum unit size:

(j)

A SHF that includes ALFs, MCFs, and CCFs shall provide and continuously maintain a central dining facility. Food preparation shall be prohibited in sleeping areas or in individual quarters within assisted living and memory care facilities except as otherwise provided herein. Individual, full kitchen facilities may be provided in the living quarters of an independent living facility. For ALFs, kitchenettes, which include a sink, refrigerator and microwave may be provided. ALF kitchenettes may not include stoves, hot plates, or similar food preparation appliances.

(k)

Formula for calculating maximum density: eighteen (18) beds per acre. The beds per acre is based upon the average number of persons per dwelling unit = three (3) multiplied by the allowable number of dwelling units per acre of the least dense multifamily zoning district Villa Residential RV-6. For density purposes, a bed is defined as a piece of furniture intended primarily for sleeping by a single occupant or related couple user; however, in no event shall more than ten (10) percent of beds be classified as related couple beds for density calculations. Northing herein shall prevent more beds from being used as related couple beds; however, in no event shall the number of occupants exceed one hundred ten (110) percent of the number of beds. The ten (10) percent limitation is for calculating density only.

(l)

The facilities shall be designed so as to cluster the residential units and associated buildings based on the net density, and to provide sufficient open space and amenities areas.

(5)

Accessory uses.

(a)

Noncommercial uses. Noncommercial uses customarily incidental to a ALF, MCF, and CCF, such as a common dining room, a central kitchen, nursing station, medical examination room, chapel, library, and on-site management offices.

(b)

Accessory commercial uses. A limited amount of commercial uses may be developed as permitted accessory uses in ALF, MCF, and CCF. Such uses shall be limited to an adult day care center, or retail and personal service uses designed exclusively to serve the residents of the facility, such as a barber or beauty shop, convenience retail sales, and banking services. No more than ten (10) percent of the gross floor area of the facility shall be used for accessory commercial uses. There shall be no exterior signage or advertising other than directional signage that indicates the existence of these uses in the facility.

(6)

Recreation.

(a)

Indoor recreation and dining area for ALF, MCF, and CCF: One hundred (100) square feet per person.

(b)

Outdoor recreation: Outdoor recreation areas shall be designed to provide sufficient facilities or other improvements to enhance the enjoyment of the outdoors for SHF residents. Outdoor recreation for ILF, ALF, MCF, and CCF shall be one hundred (100) square feet per person. The required open space can be counted towards the outdoor recreation requirements when one (1) or more of the amenities listed below are provided within the open space area. The outdoor recreation space for which credit is given shall provide a minimum of five (5) of the recreation amenities listed below or a combination of such and other recreational improvements that will meet the specific outdoor recreation needs of the future residents of the SHF.

1.

Gardening areas.

2.

Shuffle board courts (minimum two (2)).

3.

Tennis courts (minimum two (2)).

4.

Pavilion or courtyard with seating.

5.

Putting green.

6.

Bocce ball courts (minimum two (2)).

7.

Croquet court.

8.

Pool/jacuzzi area.

9.

Pergola with benches.

10.

Fitness or walking trail.

11.

Dog park with fenced area and benches.

(7)

Off-street parking. There shall be provided with one (1) space per two (2) patient beds or tenants plus one (1) space per employee, including nurses and staff doctors, on the shift with the greatest employment. Adult handicapped spaces for personal care units shall be two (2) spaces per PCU and for nursing facilities shall be three (3) percent of all spaces.

(8)

Additional off-street parking requirements for accessory adult day care centers. Adult day care centers shall be provided with one (1) space for each five hundred (500) square feet of gross floor area, or fractional part thereof. There shall be five (5) additional parking or stacking spaces providing clear ingress and egress for pick-up and drop-off.

(9)

Signs. There shall be no signs or other on-site advertising of the existence of the SHF other than the signs permitted in section 20-56. These sign requirements shall be followed regardless of the zoning district in which the SHF is located.

(10)

Personnel standards. All nursing and personal care facilities must provide sufficient staff to operate the facility in a proper manner as required by minimum standards of the State of Florida Department of Health and Rehabilitative Services.

(11)

Occupancy and use. No certificate of occupancy or business tax receipt shall be issued unless a license has first been obtained from the State of Florida, Department of Health and Rehabilitative Services, and any other permitting agency as required by law, and all provisions of this section have been fulfilled.

(12)

Violation of requirements. Violation of any of the requirements of this section, noncompliance with other applicable village and state requirements, or noncompliance with any conditions of special exception approval shall subject the violator to the penalties and enforcement procedures outlined in sections 26-29 through 26-31, which shall include, but not be limited to, the temporary suspension or absolute revocation and cancellation of the certificate of occupancy or building permits for any such facility.

(13)

Emergency generator. A sufficient emergency generator must be provided for ALF, MCF, and CCF. An emergency generator shall be sufficient to provide the necessary power to allow for (i) a climate controlled area of refuge within a common area that is large enough to accommodate all facility residents; (ii) an element of refrigeration in the commercial kitchen; (iii) emergency lighting within a portion of common area light fixtures and (iv) some common area convenience outlets in a quantity projected to be adequate for the anticipated number of resident medical devices during periods when the local power source has been disrupted or is unavailable, for whatever reason, during an emergency event.

(14)

Shuttle services and drop-off area. Shuttle services must be provided to residents. A covered drop-off and pick-up area shall also be provided for group transportation, such as vans or similar vehicles.

(15)

Restrictions on use. SHFs shall not be operated as halfway houses or facilities for the following: juvenile offenders, parolees or probationers, prison or jail inmates awaiting release, alternative incarceration, or similar classes of residents.

(16)

Foundation plantings. Building perimeters shall include plantings at a ratio of one hundred (100) square feet of planters per one thousand (1,000) square feet of building ground floor area. Planters shall either be raised or at ground level and be a minimum of six (6) feet wide. A minimum of twenty (20) percent of the foundation plantings shall be located on the front facade when adjacent to a vehicle use area (VUA).

(Ord. No. 220, § 400.4, 5-20-86; Ord. No. 905, § 2, 7-16-15; Ord. No. 928, § 1, 4-7-16; Ord. No. 962, § 1, 10-5-17; Ord. No. 966, § 1, 11-2-17)

Editor's note— Section 2 of Ord. No. 905, adopted July 16, 2015, changed the title of § 26-60 from "Nursing and convalescent care centers" to read as herein set out.

(1)

Applicability. This section shall apply to adult day care centers not located within a senior housing facility. Adult day care centers located within a senior housing facility shall meet the requirements of section 26-60.

(2)

Additional application requirements. All applications for business tax receipts for an adult day care center shall include a written statement that the proposed adult day care center will comply with all applicable federal, state and county regulations including, but not limited to, all building, fire and safety code requirements. Copies of all requisite licenses shall be provided to the village at the time of application.

(3)

Drop-off access. One (1) designated drop off space shall be provided for every twenty (20) adults. Drop-off spaces shall be a minimum of twelve (12) feet in width and twenty (20) feet in length, and shall not count toward the required parking space count. Applicants shall provide a vehicular circulation plan including queuing, circulation and parking spaces, acceptable to the village engineer as part of the business tax receipt application for an adult day care center.

(4)

Sidewalk access. A minimum four-foot-wide sidewalk running in front of or adjacent to the drop-off spaces and connecting to the adult day care entrance shall be provided.

(5)

For stand-alone adult day care centers not located in shopping centers, the following additional regulations apply:

a.

Lot size. A minimum of six thousand (6,000) square feet, or the minimum required by the zoning district in which the adult day care is located, whichever is greater.

b.

Passive recreation area. A minimum of one thousand (1,000) square feet of outdoor passive recreation area, or thirty (30) square feet per adult patron, shall be provided, whichever is larger. All areas shall:

i.

Be grassed or mulched; paving or other impervious surfaces shall be not be considered.

ii.

Allow for safe, convenient and comfortable outdoor seating for adult patrons.

iii.

Provide shade structures or trees, or combination, to ensure that fifty (50) percent of such area is shaded at the time of installation.

iv.

Be fenced and screened to physically and visually separate such use from any adjacent public passageway, walkway or traffic way, and from adjacent properties. Fencing and screening shall be at least three (3) feet in height, and may include planter boxes or other dividers. Tables, chairs, or other seating shall not be used for such purpose.

v.

Be compatible in color and style with the exterior of the building. Signs, lettering, or advertising shall not be attached to the outdoor passive recreation areas, including fencing and screening materials. Small labels may be permanently attached to the furnishings to identify ownership for security purposes.

vi.

Ensure seating and furnishings are stored inside the building when not in use.

vii.

Additional conditions may be imposed over and above the minimum standards set forth herein above, by the director or designee based upon site specific conditions.

c.

Required off-street parking (applicable even if in shopping center):

i.

For centers of six (6) adults or more, a minimum of three (3) spaces, plus one (1) space per employee and assistant with a minimum of two (2) employee parking spaces.

ii.

For centers of five (5) adults or less, a minimum of three (3) spaces shall be provided.

(6)

Floor area. The total amount of new floor space available for all participants shall be in accordance with Rule 58A-6.013, F.A.C., as may be amended, and as determined by the agency for health care administration.

(7)

Variances. No variances from the provisions of this section 26-60.1 are permitted.

(Ord. No. 1001, § 3, 8-20-20)

(a)

Purpose and intent. The purpose of this provision is to encourage the development of a more complete and flexible commercial environment through the application of enlightened and imaginative approaches to shopping center design. This section will allow for a variety of architectural solutions, preservation of natural features, reduction of land consumption by roads, separate vehicular and pedestrian circulation systems, establishment of a neighborhood identity and focus, and will ideally provide for the compatible coexistence of man with his environment.

(b)

Location. All planned commercial developments must contain frontage of a minimum of three hundred (300) feet along a major arterial or collector road as determined by the village engineer.

(c)

Minimum lot area. The minimum lot area for the applicable zoning district shall apply.

(d)

Minimum lot dimensions. The minimum lot dimension requirement for the applicable zoning district shall apply, but in no case shall lot dimensions be less than:

(e)

Property development regulations. Building height, setbacks and coverage shall be governed by the applicable zoning district.

(f)

Buffer required. Wherever a planned commercial development abuts adjacent residential property, a minimum twenty-five-foot wide landscape buffer shall be provided containing a berm with attendant twelve to fourteen-foot canopy trees planted a minimum twenty (20) feet on center.

(g)

Performance standards.

(1)

No storage or placement of any materials, merchandise, refuse, equipment or accumulated debris shall be permitted except in properly designated and screened storage spaces and/or trash receptacles; outside storage in properly screened storage spaces shall be required to meet the minimum parking requirements of the related permitted use as set forth in section 23-51 for that total area devoted to such storage.

(2)

All trash and dumpster containers shall be screened from view by a solid opaque enclosure. The open end of the enclosure shall have an opaque gate with provides a minimum of ten (10) feet of clearance when open for service. All exposed sides of the enclosure, other than the open end, shall be landscaped with hedge as defined at section 15-2, and maintained at a height of at least thirty-six (36) inches, but may be allowed to grow to a height equal to the height of the enclosure.

(3)

Security lighting shall be directed away from nearby residents.

(4)

No parking shall be permitted along the rear of the development except in designated spaces and unloading areas.

(5)

The rear of the center shall be given architectural treatment consistent with the front.

(6)

All loading areas shall be screened by eight-foot wing walls. If loading walls are utilized, they shall be equivalently screened.

(7)

Reasonable precautions shall be taken to preserve existing significant vegetation wherever possible and such vegetation shall be incorporated into the project design. The petitioner shall submit a tree survey showing all trees of four (4) inches or greater diameter as measured four (4) feet above the ground is removed, a tree shall be replaced elsewhere on the site with a minimum height of twelve (12) feet. This standard shall not apply to exotic vegetation. Appropriate measures shall also be taken to protect these preservation areas during site clearing and construction.

(h)

Traffic impacts. All planned commercial development applications shall be required to pay for the cost of a traffic impact analysis which outlines the impact of the project along with recommendations for roadway improvements to offset this impact. These improvements shall be required to be constructed by the applicant as a condition of the development approval. The village shall determine who is to prepare this study. The petitioner is entitled to provide his own study should he desire.

(i)

Subdivision. It is intended that there shall be flexibility in the establishment of internal properties configurations. Therefore, land within planned commercial developments may be subdivided into subparcels based upon the building and land use arrangement established in the overall unified site plan approval of the development. In such cases, the building setback, building separation, parking, minimum lot size, minimum lot dimension, building coverage and landscaping requirements and standards for zoning district shall not apply provided that the following requirements are met:

(1)

The overall project must meet the minimum standards of the zoning code for the zoning district in which the project is located. However, property development standards for outparcels and internal parcels may be modified as approved by village council to provide for subdivision of the project.

(2)

All planned commercial developments shall include as a condition of approval that, prior to the issuance of building permits within the planned commercial development, a unity of control instrument acceptable to the village attorney must be recorded by the applicant. The unity of control instrument shall assure that the planned commercial development shall be developed consistent with the development order and conditions of approval granted by the village council and must contain provisions of the joint maintenance responsibilities of the entire planned commercial development.

(3)

Development orders for all planned commercial developments shall include the condition that, prior to the issuance of building permits within the planned commercial agreement for the entire planned commercial development property must be recorded by the applicant in a form acceptable to the village attorney.

(4)

Previously approved planned commercial developments may seek modification of the original development order to subdivide the project consistent with this section.

(j)

Planned commercial/residential development. Planned developments, consisting of both commercial and residential components, may be approved by the village council as a special exception use, so long as the commercial portion of the planned commercial/residential development has been zoned appropriately and meets the requirements for the special exception use as a PCD as set forth at section 26-61. hereinabove; and the residential portion of such multiple use development is zoned appropriately to allow a PUD special exception and meets the requirements for the special exception of a PUD as set forth at section 26-74, PUD—Planned unit development in all respects except that only one (1) dwelling unit type is required unless a mix is required by the zoning district in which the planned development is located. The installation of a buffer to be placed between residential and commercial property as required by subsection 26-61(f) is expressly waived for an approved planned commercial/residential development, so long as the planned development provides for adequate pedestrian circulation and architectural solutions designed to accommodate both residential and commercial uses in close proximity to each other. In no case shall the residential and commercial components of this planned development overlap onto property areas within the total boundary of the planned development not sharing the same, corresponding future land use designation (i.e. the residential portion must be placed entirely within the area assigned a "residential" future land use designation and the commercial portion must be placed entirely within the area assigned a "commercial" future land use designation).

(Ord. No. 220, § 400.5, 5-20-86; Ord. No. 342, § 2, 6-21-90; Ord. No. 375, § 2, 11-15-90; Ord. No. 476, § 1, 7-21-94; Ord. No. 612, § 2, 8-16-01; Ord. No. 667, § 5, 5-15-03; Ord. No. 688, § 3, 4-15-04; Ord. No. 787, § 3, 5-3-07)

In addition to the other requirements of this chapter, the following requirements and regulations shall be met.

(a)

Definitions.

Swimming pool: See section 26-22 for definition.

Screened enclosure: See section 26-22 for definition.

(b)

Principal use. Any swimming pool or screen enclosure owned and operated as a commercial enterprise existing singularly or in combination with other commercial recreation uses on the same property shall be considered as a principal use subject to the property development regulations of the applicable zoning district.

(c)

Accessory use. Any swimming pool or screen enclosure operated by a fraternal, social or civic organization, or by a residential homeowners' association, or by the resident of a single-family dwelling shall be considered as an accessory use and shall exist in conjunction with the principal use on the same lot, subject to the setback regulations stated herein.

(d)

Setbacks, accessory use. Absent a specific district regulation, the following shall apply:

Screen enclosures shall meet the following setbacks:

Setback from Property Line:

Swimming pools shall meet the following setbacks measured to the outside of the pool beam:

Setback from Property Line:

* Except as noted below:

Screen enclosures for pools adjacent to public or private open spaces shall have a reduced minimum rear setback equal to five (5) feet. Swimming pools adjacent to public or private open spaces shall have a reduced minimum rear setback of eight (8) feet. In order to use the reduced setback adjacent to public or private open space, the open space width must exceed fifty (50) feet in width; in the case of a water body the edge of the water must be more than fifty (50) feet from the property line.

(e)

Lot coverage. Swimming pools located at finished grade shall not be considered as lot coverage unless totally enclosed by a semi-opaque or opaque obstruction.

(f)

Fencing and screening; adjacent waterway features as alternate barriers. Every swimming pool shall be enclosed by a retaining wall, fence or other structure constructed or installed so as to obstruct access thereto by persons other than the owner or occupants at the premises on which such swimming pool(s) is located. Such pool barrier obstructions around both a principal and accessory use shall not be less than four (4) feet in height from finished grade, except that such pool barrier structures are not required to be installed around the pool or spa under the following conditions:

(1)

The pool or spa is bounded by permanent natural or permanent man-made features such as bulkheads, canals, lakes, navigable waterways, etc., that are not subject to natural changes, deviations, or alterations; and

(2)

Such adjacent waterway barrier feature clearly impedes, prohibits or restricts access to the swimming pool or spa; and

(3)

The director or director's designee has determined that an alternate pool or spa barrier utilizing one (1) or more adjacent waterway feature(s) provides an equivalent level of protection otherwise provided by the Village Code in conformance with the Florida Building Code standards. When evaluating such adjacent waterway barrier features, the village may require the owner to allow on-site inspections and the owner may be required to provide evidence such as surveys, aerial photographs, water management agency standards or other similar documentation to verify such equivalent protection exists through the utilization of alternate barrier(s).

(g)

Access. The primary access to a principal use shall be from the interior of a building or structure serving as a clubhouse or shower facility. Exterior access to the principal use shall be the same as for an accessory use.

Exterior access to an accessory use must be through a self-closing and self-latching gate with latches placed at least four (4) feet above the underlying ground and operable from the interior of the swimming pool area only. All gates opening through such enclosure shall be kept securely closed and latched at all times.

(h)

Drainage. If a patio is provided adjacent to or surrounding the swimming pool, it shall be designed so as to be self-draining away from the pool.

(i)

Lighting. Artificial lighting used to illuminate the premises shall be directed away from adjacent properties and streets, shining only on the subject site.

(j)

Performance standards. The operation of these facilities shall conform to all rules and regulations of all governmental agencies having appropriate jurisdiction and to the performance standards of this chapter.

(Ord. No. 220, § 400.6, 5-20-86; Ord. No. 507, § 10, 10-3-96; Ord. No. 606, § 2, 3-15-01; Ord. No. 612, § 3, 8-16-01; Ord. No. 652, § 1, 12-5-02; Ord. No. 751, § 1, 7-6-06)

In those zoning districts permitting patio homes as a special exception, the following site development standards and regulations shall be met:

(a)

Minimum lot dimensions:

;i1=4.2p;Minimum lot area: 5,000 square feet.

;i1=4.2p;Minimum width (interior): 40 feet (measured at minimum front setback).

;i1=4.2p;Minimum width (corner): 60 feet (measured at minimum front setback).

;i1=4.2p;Minimum depth: 100 feet.

(b)

Minimum setbacks. Patio home lots shall be conveyed in fee simple and may be arranged in groups or clusters fronting on streets or parking tracts. Minimum setback requirements shall be as follows measured from property lines:

*Except as noted below:

 Any development containing structures on lots permitted by this section shall have a zero lot line along one (1) side interior property line so as to create a sheltered private outdoor recreation area for each dwelling unit.

 The minimum front yard setback for a dwelling unit with a garage or carport with the garage or carport entrance facing the front yard property line shall be twenty-five (25) feet. The minimum front yard setback for a garage or carport with the garage or carport entrance facing the side property line shall be twenty (20) feet.

 A portion of the zero lot line side of the structure (maximum fifty (50) percent) may be recessed from the lot line to accommodate entrances into the unit. The minimum recess distance shall be four (4) feet.

(c)

Easements. In all instances, any easements located on any lot developed pursuant to this section shall be calculated as an integral part of the applicable setback. No construction shall be permitted within an established easement; except that roof eaves may project over the zero lot line up to a maximum of eighteen (18) inches, subject to:

(1)

The provision of adequate gutters to prevent runoff onto the contiguous property; and

(2)

Recordation of an appropriate easement, subject to approval by the village attorney, for the roof eave encroachment.

Eaves or other overhangs may not project over utility easements.

(d)

Maximum height. A maximum height of any patio home shall be twenty-five (25) feet above the average grade as calculated at the lot front.

(e)

Maximum lot coverage. The maximum lot coverage of the principal structure shall not exceed fifty (50) percent of the lot area. In all cases, at least twenty (20) percent of the lot area shall be maintained as a permeable area requirement. Any accessory structures must meet the setback requirements for the principal structure.

(f)

Staggered zero lot line. Staggered zero lot line design patio homes may be utilized so long as the configuration and location of all sublots and dwelling units are specifically detailed as a part of the site plan review submittal. In no case, shall separations between dwelling units be less than ten (10) feet.

(g)

Minimum floor area: Fifteen hundred (1,500) square feet.

(h)

Replacement of units. In the event that any dwelling unit constructed pursuant to this section is destroyed or removed by or for any cause, said unit, if replaced, shall be replaced with a dwelling unit of similar size and type meeting the minimum requirements of this section, as amended. The developer shall include the appropriate deed restrictions and/or covenants so as to require replacement as set forth above.

(Ord. No. 260, § 1, 4-17-89; Ord. No. 612, § 4, 8-16-01)

(a)

Occupancy limitations. All dwelling units shall be subject to the following limitations on the number of occupants permitted to occupy a dwelling unit; and the occupancy of a dwelling unit by more persons than permitted as provided for hereinbelow shall, in and of itself be deemed to present a serious threat to the public health, safety and general welfare:

(1)

Dwelling units shall be arranged to provide privacy for their occupants to the greatest extent possible; and

(2)

Every habitable room shall be not less than eight (8) feet in height from the floor to the ceiling throughout not less than one-half (½) of the area of such room; and

(3)

The total of all habitable rooms in a dwelling unit should be such as to provide at least one hundred fifty (150) square feet of floor area for the first occupant thereof and at least one hundred (100) additional square feet of floor area per additional occupant; and

(4)

Every sleeping room shall contain at least eighty (80) square feet of floor area, exclusive of closets, bathrooms, etc., and every sleeping room occupied by more than one (1) person shall contain at least forty (40) square feet of floor area for each occupant thereof. This provision shall not apply to sleeping rooms used exclusively by minor children (up to the age of eighteen (18)) provided all other provisions of this chapter are met and provided each such sleeping room contains at least twenty-five (25) square feet of floor area for each minor child; and

(5)

Sleeping rooms shall not constitute the only means of access to other sleeping rooms or habitable spaces and shall not serve as the only means of egress from other habitable spaces. Exceptions to this requirement shall be for those units that contain fewer than two (2) sleeping rooms; and

(6)

Every sleeping room shall have access to at least one (1) flush toilet and one (1) lavatory without passing through another sleeping room. Every sleeping room in a dwelling unit shall have access to at least one (1) flush toilet and lavatory located on the same or an adjacent story as the sleeping room. Every dwelling unit shall be equipped with at least one (1) flush toilet, one (1) lavatory and one (1) tub or shower for each six (6) persons or fraction thereof; and

(7)

Living rooms, dining rooms, kitchens, bathrooms and other common habitable spaces in the dwelling unit shall not be also used as sleeping rooms.

(b)

Minimum floor areas; calculation of garages. Minimum gross floor area shall be the total amount of required enclosed living area as measured from the external faces of the exterior walls of a detached dwelling or from the centerline of a party wall separating attached dwelling units, said gross floor area to exclude porches and patios. Vehicular garages shall not be included in determining gross floor area except as follows: A maximum of fifty (50) square feet of the gross floor area within all enclosed one-car garages and a maximum of one hundred (100) square feet of the gross floor area within all enclosed two-car garages may be included in the determination of required gross floor area for a single-family residential dwelling. Gross floor area credit may only be granted for attached garages. Credit may be granted only for single-family homes in the single-family districts, for patio homes and for zero lot line homes.

(Ord. No. 260, § 1, 4-17-89; Ord. No. 841, § 2, 12-16-10)

Prior to the conveyance or transfer of common areas in any residential project from the project developer to the homeowners association, property owners association or other similar entity, the director or his agent shall inspect the landscaping of the common areas subject to conveyance or transfer. The director or his agent shall determine, at the time of the proposed conveyance or transfer, if the landscaping for the common areas subject to conveyance or transfer is substantially similar to the landscaping depicted on the landscape plan approved by the village prior to development and that the landscaping in the common areas meets all Village Code requirements. Conveyance or transfer of common areas shall not occur until the project developer and the homeowners' association, property owners' association or other similar entity is provided with written evidence from the director or his agent that the landscaping in the common areas has been approved by the village. If the director or his agent determines that the landscaping or maintenance thereof is deficient, the project developer shall be granted thirty (30) days to correct those deficiencies prior to the conveyance or transfer of the common areas.

(Ord. No. 260, § 1, 4-17-89)

(a)

Comprehensive plan amendments. Comprehensive plan amendments shall remain effective for an indeterminant period of time unless subsequently amended by the village council.

(b)

Rezonings. Rezonings (district boundary changes) shall remain effective for an indeterminant period of time unless subsequently rezoned by the village council.

(c)

Special exception and site plan approvals; duty to commence development in a timely manner; extensions.

(1)

All special exception and site plan approvals must commence development no later than one (1) year subsequent to the effective date of the village council approval. Up to two (2) six-month extensions may be requested prior to the expiration of the approval and may be granted by council upon a showing of good cause, as further set forth in subsection (c)(3) below. When development of a special exception or site plan has not commenced one (1) year subsequent to such approval, or prior to the expiration of an extension(s) the special exception or site plan approval shall automatically expire and shall be null and void.

(2)

Commencement of development shall consist of:

a.

Receipt of a valid building permit; and

b.

Initiation of bona fide site improvements or comparable development activity. Bona fide site improvements or comparable development activity shall include any action whereby the property owner has vested his rights pursuant to the laws of the state.

(3)

Extension of one-year time period.

a.

Petition for extension. Prior to the expiration of the one-year time period for commencement for development, the owner of record of the subject property or his agent may file a petition with the director for an extension. The petition shall be made upon forms and in such a manner as may be prescribed by the director. The petition shall present sufficient information upon which a determination can be made that a bona fide effort has been made to commence development or that government agency or service delays are responsible for the extension request. If not part of the original special exception or site plan application, a standard developer agreement for potable water and sanitary sewer shall be executed by the applicant prior to council review and consideration of the application for extension.

Receipt of a valid building permit shall not itself constitute sufficient evidence of a bona fide effort to commence development. Upon receipt of all materials required for the petition, the director shall have fifteen (15) days to review the petition, prepare a recommendation of approval or denial and forward that recommendation in writing to the petitioner and to the village council. The village council shall, within forty-five (45) days of receipt of the recommendation from the director, conduct a properly noticed hearing on the petition.

b.

Maximum extension of time period. If the village council determines at a public hearing that bona fide effort has been made to commence development activity or that governmental agency or service delays are responsible for the extension request, the village council may grant two (2) time extensions for a period not to exceed a total of twelve (12) months. The time extension shall run from the date on which the initial approval or special exception or site plan expires. The combined time period during which development may proceed according to the terms of its original approval shall not exceed twenty-four (24) months from the effective date of the special exception or site plan approval by the village council. If the petition for the extension of the time period is granted, the owner of record or their agent shall be notified in writing of the decision and of the new time period during which development shall commence. Written notice shall consist of a letter sent by U.S. mail to the last-known address of the owner of record as it appears in the official records of the clerk of the court of Palm Beach County, or their agent. A copy of the letter shall be filed in the official records of the subject property maintained by the department.

(4)

An approved site plan shall remain valid for each development subject thereto if:

a.

Construction plans for site improvements have been approved; and

b.

Construction of public amenities is commenced during the initial one-year period or any extension thereof and, thereafter, construction of said site improvements progresses in a reasonably continuous manner; or, construction of the site plan improvements is completed; or, a valid building permit has been issued for the unit(s) shown on the approved site plan;

c.

In the event of phased developments, the aforesaid provisions a. and b. shall apply with respect to the site plan approval for the final phase. The site plan approval for each successive phase after the first phase remains valid if the construction plans for site improvements for the next phase have been approved within six (6) months from the issuance of the last certificate of occupancy for buildings within the prior phase; provided, however, upon good cause shown, the village council upon appropriate application may extend the six-month period of time for said submittal of construction plans. Thereafter, the requirements of subsection b. shall apply.

(5)

For the purposes of this section, the phrase site improvements refers to the construction of roads and drainage and water and sewer facilities.

(6)

Phased development refers to a project which is being developed in phases, which phases are part of but collectively make up the whole development shown on the site plan.

(7)

When application for extension of a site plan approval includes a request for the extension of the approval of a special exception, a termination or denial of the former shall include the latter.

(d)

Variance approvals; duty to commence development in timely manner; extensions.

(1)

Variances shall automatically lapse if the variance is not utilized within one (1) year from the date such variance was granted by the village council. The village council may grant two (2) time extensions of the variance for a period not to exceed a total of twelve (12) months upon the submittal of a request for extension by the applicant on forms prescribed by the village prior to the expiration of the initial one-year period. When application for extension of a site plan which includes a required variance is requested, the approval or denial of the site plan extension shall include the approval or denial of the time extension for the associated variance.

(2)

Should a variance lapse and provided that there is no change whatsoever in the requested variance, the variance may be approved upon a rehearing presented to the village after application to the director or designee for another approval for such rehearing within six (6) months from the expiration date of the initial variance approval. The village council may consider the variance rehearing request at a public hearing and the applicant shall pay all fees and charges associated with the rehearing of the variance request as set forth in the resolution of the village council. The maximum time of the variance approved on rehearing shall coincide with the maximum time permitted for the site plan in which the variance is utilized, if any; otherwise, the maximum time shall not exceed twelve (12) months. This procedure for rehearing of identical variances which have lapsed specifically supersedes any variance procedure set forth elsewhere in the Village Code.

(e)

Architectural approvals by the planning and zoning commission; duty to commence development in timely manner; extensions. Architectural approvals granted by the planning and zoning commission pursuant to their final approval authority under chapter 2 at division 6 of this Code of Ordinances shall automatically lapse if not utilized within one (1) year from the date such architectural approval was granted by the planning and zoning commission. The planning and zoning commission may grant up to two (2) time extensions of the architectural approval for an extension period not to exceed a total of twelve (12) months upon the submittal of a request for extension by the applicant on forms prescribed by the village prior to the expiration of the initial one (1) year period.

(Ord. No. 260, § 1, 4-17-89; Ord. No. 342, § 2, 6-21-90; Ord. No. 416, § 2, 9-19-91; Ord. No. 434, § 3, 9-3-92; Ord. No. 667, § 6, 5-13-03; Ord. No. 754, § 4, 10-19-06; Ord. No. 940, § 4, 1-19-17)

Editor's note— Ord. No. 940, § 4, adopted Jan. 19, 2017, changed the title of § 26-66 from "Comprehensive plan amendments; rezonings; special exceptions; site plans; commencement of development; expiration of approvals" to read as herein set out.

(a)

Legislative intent. It is the intent of the village council to provide for the public health, safety and welfare by establishing minimum standards for the use, site development, construction and placement of self-service storage facilities along with the placement, use and removal of portable storage units within the village.

(b)

Supplemental definitions. In addition to the definitions in section 26-22 of this Code, the following supplemental definition shall apply to the interpretation of this section:

Portable storage units (PSU). Portable storage units (PSU) shall mean any portable, above-ground containers, including, but not limited to, nonlicensed trailers and other containers used for temporary storage of personal property, merchandise or materials. Portable storage units are intended only to be used for short-term storage.

Self-service storage facility shall mean an enclosed storage facility of a commercial nature containing independent, fully enclosed bays which are leased to persons for the storage of their household goods or personal property; such facilities may include "truck rentals" as an accessory use subject to certain regulations as set forth hereinbelow. The three (3) basic types of storage facility structures are as follows:

(1)

Multiaccess storage facility which is constructed as a single-story structure with multiple access points to the storage units from the exterior of the building.

(2)

Limited access storage facility which is constructed as a single- or multistory structure, permitted at two (2) stories but limited to a maximum of three (3) stories with an approved variance. The defining feature of this type of facility is the limited access points provided from the exterior of the building to interior hallways which act as direct as direct access to the individual storage units.

(3)

Combination storage facility which is an SSSF comprised of both multiaccess and limited access storage structures as part of the total SSSF site plan.

(c)

Supplemental land use regulations.

(1)

In general. The only commercial activities permitted on the site of a self-service storage facility shall be the following: the rental of storage bays, the pickup and deposit of goods or property in storage; and the accessory use of "truck rentals" subject to the regulations hereinbelow. Storage bays shall not be used to manufacture, fabricate or process goods; service or repair vehicles, boats, small engines or electrical equipment or to conduct similar repair activities; conduct garage sales or retail sales of any kind or conduct any other commercial or industrial activity on the site.

(2)

Bays have no legal address. Individual storage bays or private postal boxes within a self-service storage facility shall not be considered a premises for the purpose of assigning a legal address in order to obtain an occupational license or other governmental permit or license to do business.

(3)

Outside storage.

a.

Except as provided in this subsection, all property storage on-site shall be entirely within enclosed buildings.

b.

Open storage of recreational vehicles and dry storage of pleasure boats of the type customarily maintained by private individuals for their personal use shall be permitted within a self-service storage facility provided that the following conditions are met:

1.

Such storage shall take place only within a designated area. The area so designated shall be clearly delineated upon the site plan accompanying applications for building permits or a special exception site plan if applicable; and

2.

The storage area shall not exceed twenty-five (25) percent of the buildable area of the site; and

3.

The storage area shall be entirely screened from view from adjacent residential areas and public streets by a building or by the installation of an eight-foot-high wall or opaque fence; and

4.

Vehicles shall not be stored within the area set aside for minimum building setbacks; and

5.

No vehicle maintenance, washing or repair shall be permitted on site. Pleasure boats stored on site shall be placed and maintained upon wheeled trailers. No dry-stacking of boats shall be permitted on site.

(4)

Minimum lot size. Notwithstanding any other provision of this Code, the minimum lot size for a self-service storage facility shall be two (2) acres. A self-service storage facility included in a planned commercial or planned industrial development shall have a minimum of two (2) acres devoted exclusively to such use. No variance and no special exception relief shall be granted from this requirement.

(5)

Truck rentals. The accessory use "truck rentals" may be permitted on site, subject to the following regulations. The accessory use shall be limited to the rental of trucks used for transporting personal property, merchandise or materials. Rental trucks shall be located only within designated parking areas on site, and in no case shall the trucks be stored or parked adjacent to any public rights-of-way, at any time, whatsoever. Such accessory use is further regulated as follows:

a.

Rental trucks shall be limited to a maximum number of two (2) trucks on site in the SSSF and a maximum bed length of twenty-six (26) feet. In no case shall any truck be allowed on site for rental purposes which require a commercial driver's license (classes A, B, or C);

b.

Two (2) temporary rental truck dropoff spaces shall be provided within the interior of the site, which dropoff spaces shall be in addition to the required parking spaces set forth below;

c.

Rental truck parking spaces shall be shown on the site plan as being located within the interior of the site, with a maximum number of two (2) parking spaces being allocated for rental trucks. These truck spaces shall be clearly marked as being for rental truck parking and shall be sized to accommodate the largest vehicle to be rented on site. These parking spaces are in addition to the supplemental parking requirements set forth at subsection (4) hereinbelow;

d.

The rental truck parking area shall be entirely screened from view from all adjacent properties and public roads;

e.

No truck display shall be permitted at any time; and

f.

The maintenance, washing or repair of rental trucks on site is strictly prohibited.

(d)

Supplemental property development regulations. The following supplemental regulations shall apply to each self-service storage facility:

(1)

Separation between storage buildings. If separate building areas are constructed, there shall be a minimum twenty-foot separation between individual buildings within the facility.

(2)

Maximum bay size. The maximum size of a storage bay shall be four hundred fifty (450) square feet.

(3)

Maximum building height; screening. All structures shall be designed to screen from the view of adjacent properties any roof-mounted equipment. The maximum height of a self-service storage facility shall be as follows:

a.

Multiaccess facility. The one-story structure shall not exceed twenty (20) feet. In addition, a parapet wall shall be constructed to screen roof-mounted air conditioning and other equipment, if any. The combined height of the building and the parapet wall shall not exceed twenty-five (25) feet.

b.

Limited access facility. Such structure shall not exceed two (2) stories or thirty-two (32) feet in height without the approval of a variance.

c.

Combination facility. The portion of the total SSSF site which represents either the multiaccess or limited access SSSF structure type is subject to the height regulations set forth hereinabove for that specific type of facility.

(4)

Supplemental parking requirements. A minimum number of parking spaces shall be provided upon the site as follows:

a.

Employee and customer parking.

1.

One (1) parking space for each employee on the shift of greatest employment; and

2.

Two (2) customer parking spaces conveniently located adjacent to the facility's leasing office plus one (1) additional customer parking space for every one hundred (100) storage bays.

b.

Interior parking. Interior parking shall be provided in the form of aisleways adjacent to the storage bays. These aisleways may be used both for circulation and temporary customer parking while using storage bays. The minimum width of these aisleways shall be as follows:

1.

If aisleways permit two-way traffic, thirty (30) feet;

2.

If aisleways permit only one-way traffic, twenty-one (21) feet.

c.

Marking of traffic flow. Prior to the issuance of a certificate of occupancy, the one- or two-way traffic-flow patterns in aisleways shall be clearly marked. Marking shall consist at a minimum of use of standard directional signage and painted lane markings with arrows.

d.

Approval of internal turning radii. In order to assure appropriate access and circulation by vehicles and emergency equipment, the internal turning radii of aisleways shall be approved by the department of engineering and public works and the department of fire rescue at the time of the building permit review.

(5)

Supplemental signage requirements.

a.

In general. Signage for a self-service storage facility shall comply with the more restrictive requirements of either the village sign code (chapter 20) or this subsection.

b.

Off-premise signs prohibited. No off-premise signs shall be permitted on the site. Existing off-premise signs, if any, shall be removed from the site prior to the issuance of a building permit.

c.

Restrictions on on-premises signage.

1.

Maximum number of freestanding signs. There shall be only one (1) sign for a self-service storage facility.

2.

Maximum number of wall signs. In addition, the maximum number of flat or wall signs shall be one (1) sign for each building facade facing a public street on which the self-service storage facility has access. No signs shall be placed on the doors or walls of individual storage bays.

3.

Maximum height of signs. The maximum height of freestanding signs shall not exceed twenty (20) feet. No increase in height above this shall be permitted.

4.

Maximum sign area. The maximum sign area of an on-premises sign shall not exceed twenty-eight (28) square feet per sign face.

5.

Roof signs prohibited. No roof sign shall be permitted on the site.

(6)

Miscellaneous requirements.

a.

Outdoor lighting. All outdoor lights shall be shielded to ensure that light and glare are limited on the premises and are directed away from adjacent property. Lights shall be low-intensity and the minimum necessary to discourage vandalism and theft. If a facility abuts a residential zone, outdoor lighting fixtures shall be no more than fifteen (15) feet.

b.

No loudspeakers. No exterior loudspeakers or paging equipment shall be permitted on the site.

c.

Orientation of storage bay doors. Storage bay doors shall not face any abutting property which is residentially zoned, nor shall they be visible from any public street.

d.

No barbed wire visible from public streets. Barbed or similar wire may be used for security purposes, but it shall not be visible from any adjacent public street or residentially zoned lot.

e.

Uniform exterior architectural treatment. The exterior facades of all structures shall receive uniform architectural treatment, including stucco and painting of surfaces. The colors selected shall be compatible with the character of the neighborhood.

(e)

Portable storage units (PSU) regulations.

(1)

[PSUs in residential zoning districts.] PSUs may be allowed in residential zoning districts only as follows:

a.

District location standards. In residential zoning districts, PSUs shall be placed on either the driveway, approved parking areas, or within the buildable portion of the lot. PSUs shall not be placed within any right-of-way, on top of any easement, on any required parking area or drive aisle, on landscape buffers or on any drainage areas.

b.

Duration. PSUs shall be allowed to be placed at a location for a period of no more than seven (7) calendar days if the unit is placed in the front or side corner of the property with a maximum of two (2) such placements per year for that property. A minimum of seven (7) days shall be required between any two (2) of the annual placements.

c.

At building site. In conjunction with a valid building permit, PSUs may be located in the rear or side yard for the duration of a valid building permit under the following conditions: the unit must meet setback requirements for accessory structures in the applicable zoning district; the unit is screened from view; and the unit is properly secured via approved storm wind straps. When installed as part of a valid building permit, PSU's shall be removed prior to the issuance of a certificate of occupancy. Notwithstanding the placement requirements hereinabove and only if deemed necessary by the building official due to site considerations, the PSU may be located on the driveway subject to obtaining a permit upon request from the building official for such placement for a period no longer than ninety (90) days. The permit for placement of the PSU on the driveway in conjunction with a valid building permit may extended for one, additional ninety-day period upon request and approval by the building official.

(2)

[PSUs in nonresidential zoning districts.] PSUs may be allowed in nonresidential zoning districts only as follows:

a.

District location standards. In nonresidential zoning districts, PSUs shall only be allowed in conjunction with the issuance of a valid building permit and located so as not to create a hazard for either pedestrian or vehicular traffic. PSUs shall not be placed within any right-of-way, on top of any easement, on any required parking area or drive aisles, on landscape buffers or on any drainage areas.

b.

At building site. PSUs shall only be allowed for the duration of a valid building permit, so long as the PSU is properly placed and secured via approved storm wind straps. When installed as part of a valid building permit, PSUs shall be removed prior to the issuance of a certificate of occupancy.

(3)

Signage. All PSUs shall have the name, current phone number and address of the company supplying the PSU unit placed on a sign no more than six (6) square feet in area. No other signage may be placed on the unit.

(4)

Shall not create a hazard. PSUs shall be secured at all times whenever loading or unloading is not occurring. No hazardous materials shall be stored in these units at any time.

(5)

Permit required. The placement of PSUs may be allowed only after securing written approval in the form of a permit, at no cost, from the planning, zoning and building department after compliance with these regulations has been demonstrated by the applicant.

(Ord. No. 331, § 2(Exh. A), 12-20-89; Ord. No. 561, § 1, 12-17-98; Ord. No. 639, § 4, 6-20-02; Ord. No. 652, § 2, 12-5-02; Ord. No. 787, § 4, 5-3-07)

(a)

Legislative intent. It is the intent of the village council to provide for the public health, safety and welfare by establishing minimum standards for the use, site development, constructing and placement of office-warehouse combinations within the village.

(b)

Supplemental definitions. In addition to the definitions in section 26-22 of this Code, the following supplemental definitions shall apply to interpretation of this section:

Office-warehouse combination shall mean a commercial establishment consisting of a mix of small-scale, independent business offices each having a contiguous, accessory, enclosed storage area which is internally accessible to the office area. Permissible land uses within an office-warehouse combination shall be limited to those commercial services which require display or storage of equipment or a stock-in-trade and which have limited need for customer parking.

SIC category shall mean those land uses identified and categorized by a numerical code in the most current edition of the Standard Industrial Classification (SIC) Manual, published by the United States Office of Management and Budget.

(c)

Supplemental land use regulations.

(1)

In general. Permitted uses within an office-warehouse combination shall be limited to commercial establishments which require both: (a) Limited off-street parking; and (b) storage of stock-in-trade, equipment or material best kept in a warehouse-like environment not open to the general public. No manufacturing, assembly or processing shall take place on site. All materials or stock-in-trade shall be stored entirely within an enclosed building. Stock-in-trade may be displayed on site, but retail sales shall be prohibited.

(2)

Permitted uses. Only the following establishments shall be permitted in an office-warehouse combination:

a.

Construction offices for special trade contractors in the following categories exclusively: Plumbing, heating and air-conditioning (SIC category 171); painting and paper hanging (SIC category 172) and electrical work (SIC category 173); and

b.

Wholesale trade in the following categories exclusively: Furniture and home furnishings (SIC category 502); brick, stone and related construction materials (SIC category 5032) limited to wholesale display of decorative title, clay, ceramic, terracotta or similar decorative surfacing materials; professional and commercial equipment and supplies (SIC category 504); electrical appliances, television and radio sets (SIC category 5064); electrical parts and equipment (SIC category 5065) and miscellaneous durable goods (SIC category 5091, 5092 and 5094, exclusively); and

c.

Engineering, architectural and surveying services (SIC category 871); research, development and testing services (SIC category 873) and business consulting services (SIC category 8748).

(3)

No outside storage. All material or equipment stored onsite shall be entirely within enclosed buildings.

(4)

Minimum lot size. The minimum lot size for an office-warehouse combination shall be one (1) acre. An office-warehouse combination included in a planned commercial or planned industrial development shall have a minimum of one (1) acre devoted exclusively to such use. No variance and no special exception relief shall be granted from this land use requirement.

(d)

Supplemental property development regulations. The following supplemental regulations shall apply to each office-warehouse combination:

(1)

Building configuration.

a.

Minimum building separation. There shall be a minimum of twenty (20) feet separation between individual buildings within an office-warehouse combination.

b.

Maximum percentage of office space. The maximum percentage of office space in any one (1) establishment in an office-warehouse bay shall be no more than thirty (30) percent of the gross floor area, and for the purpose of calculating parking requirements only, the maximum office use shall be assumed at the parking rate set forth herein below.

c.

Office and warehouse spaces to be contiguous and functionally integrated. The office and warehouse spaces for each establishment in an office-warehouse bay shall be contiguous, functionally integrated and internally accessible. No establishment shall be permitted to occupy a bay if it does not meet the requirements of this subsection.

(2)

Supplemental parking requirements. A minimum number of parking spaces shall be provided as follows:

a.

Customer parking. One (1) space for every three hundred (300) square feet of gross floor area of office use plus warehouse use parking as follows:

1.

One (1) space per two thousand (2,000) square feet of gross area of warehouse use for establishments over forty thousand (40,000) square feet and where no bay is less than ten thousand (10,000) square feet;

2.

One (1) space per one thousand (1,000) square feet of gross floor area of warehouse use for establishments over twenty thousand (20,000) square feet and where no bay is less than two thousand (2,000) square feet; or

3.

One (1) space per five hundred (500) square feet of gross floor area of warehouse use for establishments under twenty thousand (20,000) square feet.

(3)

Supplemental signage requirements.

a.

In general. Signing for an office-warehouse combination shall comply with the more restrictive requirements of either the village sign code (chapter 20) or this subsection.

b.

Off-premise signs prohibited. No off-premise signs shall be permitted on the site. Existing off-premise signs, if any, shall be removed from the site prior to the issuance of a building permit.

c.

Restrictions on on-premise signs.

1.

Maximum number of freestanding signs. There shall be only one (1) sign for an office-warehouse combination facility.

2.

Maximum number of wall signs. In addition, the maximum number of flat or wall signs shall be one (1) sign for each separate establishment occupying a bay within an office-warehouse combination.

3.

Maximum height of signs. The maximum height of freestanding signs shall not exceed twenty (20) feet. No increase in height above this shall be permitted.

4.

Maximum sign area. The maximum sign area of on-premise signs shall not exceed twenty-eight (28) square feet per sign face.

5.

Roof signs prohibited. No roof signs shall be permitted on the site.

(4)

Miscellaneous requirements.

a.

Outdoor lighting. All outdoor lights shall be shielded to ensure that light and glare are limited on the premises and are directed away from adjacent property. Lights shall be low-intensity and the minimum necessary to discourage vandalism and theft. If a facility abuts a residential zone, outdoor lighting fixtures shall be no more than fifteen (15) feet.

b.

No loudspeakers. No exterior loudspeakers or paging equipment shall be permitted on the site.

c.

Orientation of storage bay doors. Storage bay doors shall not face any abutting property which is residentially zoned, nor shall they be visible from any public street.

d.

Uniform exterior architectural treatment. The exterior facades of all structure shall receive uniform architectural treatment, including stucco and painting of surfaces. The colors selected shall be compatible with the character of the neighborhood.

e.

Screening of dumpster and trash receptacles. Dumpsters and trash receptacles shall be screened from view from adjacent lots and streets.

(e)

Effect on previous approvals.

Conforming use statutes of prior approvals. An office-warehouse combination approved prior to the effective date of this section shall be considered nonconforming uses if they are not included in the list of permitted uses included in subsection (c)(2), Permitted uses, above.

(Ord. No. 331, § 2(Exh. A), 12-20-89; Ord. No. 800, § 2, 12-20-07)

In addition to the other applicable requirements of this Code, the following requirements and regulations shall be imposed:

(a)

Provision for recycling drop-off. At the time of site plan and/or platting approval for multifamily dwelling units, public schools and other institutional facilities, commercial developments or industrial developments, the site plan or plat shall reflect provisions for the location of recycling drop-off centers in conjunction with dumpster and waste disposal units.

(b)

Solid waste collection, transport and transfer.

(1)

Purpose and scope. This section shall provide for the collection, transport and transfer for disposal of solid waste in a manner which protects the public safety, health, welfare and air quality and soil quality from the deleterious effects of improper solid waste disposal.

(2)

Accessory structures. All buildings and structures accessory to the operation shall comply with all applicable village, state and federal codes.

(3)

Fencing and screening. Where deemed necessary by the village council to protect the general public, safety fences of up to a height of six (6) feet may be required. The village council may also require the screening of at least seventy-five (75) percent opaqueness to protect neighboring property from the potential loss of use or diminution of land value or use.

(4)

Access. A paved access road negotiable by loaded collection vehicles shall be provided to the entrance of the facility. Acceptable access does not include residential streets. Access shall be restricted to specific entrances with gates which can be locked at all times and which carry official notice that only authorized personnel are allowed on the site.

(5)

Drainage. All drainage facilities shall be approved by the village engineering department and all other appropriate governmental agencies, and in no case will untreated surface water runoff be permitted to discharge directly into lakes, streams, drainage canals or navigable waterways other than into or through approved on-site containment areas.

(6)

Performance standards. The operation of these facilities shall conform to all rules and regulations of all governmental agencies having appropriate jurisdiction and to the performance standards of this Code.

(Ord. No. 331, § 2(Exh. A), 12-20-89; Ord. No. 606, § 3, 3-15-01)

A "green market" as defined at section 26-22 hereinabove, which has received approval as a special exception use in the applicable zoning district is also subject to the following requirements and regulations:

(a)

Minimum parcel size. A minimum of one (1) acre of available, contiguous property, either pervious or impervious, is required in order to host this special exception use. The exact location upon this parcel for the green market shall be determined as part of the approval granted for the special exception use on the property.

(b)

Duration and approval. Such use may only take place on Saturdays and Sundays and is subject to having received previous special exception use approval for a specific location by the host of such event with consent of the owner of the property if different individuals or entities. This use shall be managed by a single operator or entity who leases the space and/or stalls to the vendors involved in such use and the special exception approval shall be applicable only for this operator. Additionally, should the property owner rescind consent for this use on the property, the special exception use approval shall then automatically become null and void upon receipt by the village of written revocation of such consent. The village council may also rescind its special exception use approval should operator or entity fail to conform to any of the listed requirements set forth in this section at anytime after approval has been granted.

(c)

Site operation requirements. The following requirements must be met:

(1)

The vendor stalls or areas shall be located on the site so as not to utilize the required parking spaces of the property nor to obstruct any access or parking lot aisles except in the case where the required parking spaces were allowed to be utilized as part of the special exception approval process. In order for the parking spaces to be allowed to be utilized for a use other than parking, it must be clearly established by the applicant that two (2) or more separate uses will primarily utilize such spaces at different times and that they are not needed due to the timing. If such can be established, the other requirements of subsection 23-49(a)(10) for "shared usage" shall not be required to be met;

(2)

Each vendor "stall" or area shall not exceed one hundred fifty (150) square feet and if constructed or erected, it must be capable of being readily relocated or transported off site. Motor vehicles such as vans or small trucks may be permitted to be used as a "stall" provided the vehicle is removed from the site at the close of the market each weekend; and

(3)

No secondhand goods may be sold on site as part of the green market use.

(d)

Signage. A maximum of two (2), temporary special event signs with a maximum sign face area of thirty-two (32) square feet per side, not to exceed seven (7) feet in height, may be displayed for the duration of the weekend's green market activities. Such signage must be set back a minimum of ten (10) feet from the front or side property lines and be separated by at least one hundred (100) feet if two (2) signs are utilized.

(e)

Business tax receipt required. The operator of the green market must obtain a business tax receipt for the category of "unclassified" for each separate location of a green market to be held within the Village of Royal Palm Beach.

(Ord. No. 828, § 2, 11-19-09; Ord. No. 895, § 2, 2-6-14)

Editor's note— Section 2 of Ord. No. 828, adopted Nov. 19, 2009, repealed the former § 26-70, and enacted a new § 26-70 as set out herein. The former § 26-70 pertained to airports, landing strips and heliports, and derived from Ord. No. 331, § 2(Exh. A), adopted Dec. 20, 1989.

Clinics shall be subject to the following additional regulations regardless of zoning district:

(a)

On-site dispensing of controlled substances that are identified in Schedules II, III, or IV in F.S. §§ 893.03, 893.035, or 893.0356, is strictly prohibited, unless otherwise expressly permitted by statutory or general law. However, the following instances of on-site dispensing of such controlled substances are exempt from this prohibition, regardless if they occur inside a clinic or outside a clinic as such is defined in this Code:

(1)

A health care practitioner when administering a controlled substance directly to a patient if the amount of the controlled substance is adequate to treat the patient during that particular treatment session.

(2)

A pharmacist or health care practitioner when administering a controlled substance to a patient or resident receiving care as an in-patient or out-patient at a hospital, nursing home, ambulatory surgical center, hospice, or intermediate care facility for the developmentally disabled which is licensed by the state.

(3)

A health care practitioner when administering a controlled substance in the emergency room of a licensed hospital or at a facility licensed to provide emergency care on an out-patient basis for walk-in patients.

(4)

A health care practitioner when administering or dispensing a controlled substance to a person under the age of sixteen (16).

(5)

A health care practitioner when dispensing a one-time, seventy-two-hour emergency supply of a controlled substance to a patient.

(b)

Additionally, the health care practitioner responsible for the operation or supervision of any clinic shall execute an affidavit acknowledging the regulations set forth hereinabove prior to payment of the required business tax, and annually thereafter upon renewal of same prior to the issuance of a business tax receipt. Failure or refusal to execute the required affidavit shall constitute prima facie evidence that the subject clinic is operating in violation of the code of ordinances, which may result in code enforcement action, revocation of business tax receipt, and/or any other actions permitted by law.

(Ord. No. 832, § 2, 4-15-10)

Editor's note— Section 2 of Ord. No. 832, adopted April 15, 2010, repealed the former § 26-71, and enacted a new § 26-71 as set out herein. Section 3 of Ord. No. 832 readopted former § 26-71 and redesignated said section as a new § 26-101.

(a)

Applicability. Outdoor seating shall be permitted as an accessory use to a restaurant, business, or institution serving food or beverages in an enclosed area, subject to the standards listed below. Outdoor seating may also be included as an element of an overall application for development permit approval, or as an amendment to an existing development permit.

(1)

Access. The outdoor seating area must be adjacent to, and have direct access through, a doorway to that portion of the business or institution which is enclosed.

(2)

Location. The outdoor seating must be located directly adjacent to the restaurant or food service establishment and must be owned or leased for this purpose.

(3)

General circulation. The outdoor seating can be accommodated without impeding access of the general public to one or more of the following:

a.

The enclosed portion of the restaurant or food service establishment;

b.

Any other use located within the same building or structure; or

c.

Any common elements shared by the restaurant or food service establishment and any other users of the same building or structure.

(4)

Safety. Outdoor seating shall comply with all building, fire, and safety code requirements.

(5)

Parking. Parking for areas utilized for outdoor seating shall be calculated and provided as required by chapter 23 for restaurant uses. Outdoor seating shall not be allowed if required parking cannot be provided onsite or if a nonconformity is created.

(b)

Review. Outdoor seating areas which are no more than ten (10) percent of the enclosed seating area, or three hundred (300) square feet in area, whichever is less, may be approved administratively as a minor site plan amendment pursuant to subsection 26-40(a)(3). All other outdoor seating areas must be approved as a major site plan modification. In addition to any other requirements contained herein, each application for approval of outdoor seating shall include the information listed below.

(1)

Site plan. A site plan, at a scale acceptable to the village, which indicates the following:

a.

The building for which the outdoor seating is proposed;

b.

The location of the restaurant or food service establishment;

c.

The proposed location of the outdoor seating, including any fencing, screening or materials to separate the seating area; and

d.

The location of any sidewalks or other pedestrian walkways or passageways adjacent to or affected by the proposed outdoor seating; and the location of all existing or additional parking to be provided for the seating.

(2)

Consent. A copy of the written consent of the individuals, corporations, or other entitles that own the property upon which the outdoor seating will be located.

(3)

Renderings. Photographs, renderings, elevations, samples, and other materials as may be required by the village which illustrate the following; the style and color or all furnishings and menu boards, and the color, style, and materials fencing, screening, or otherwise separating the outdoor seating.

(c)

Minimum standards. Outdoor seating shall, at a minimum, comply with the standards listed below.

(1)

Walkways. Outdoor seating shall be arranged, when in use, in a manner that provides a pedestrian walkway of not less than six (6) feet in width adjacent to each table.

(2)

Multiple tenants. Outdoor seating located on a pedestrian walkway which provides access to more than one (1) occupant of a building shall provide an unobstructed passageway of at least eight (8) feet in width. The unobstructed passageway shall be located adjacent to, but not through, the outdoor seating area.

(3)

Location. Outdoor seating shall be located only along the frontage of the affected restaurant or food service establishment, and shall not be located in front of or adjacent to any other user or tenant.

(4)

Prohibited location. Outdoor seating shall not be located within any area designated for parking or in any required landscape areas.

(5)

Fencing or screening. Unless located within an inner court, outdoor seating shall provide fencing or screening as a means to physically and visually separate such use from any adjacent public passageway or walkway. Fencing and screening shall be at least three (3) feet in height, and may include planter boxes or other dividers. Fencing and screening shall not be provided through the use of tables, chairs, or other seating.

(6)

Compatibility. Outdoor seating, including fencing and screening materials, shall be compatible in color and style with the exterior of the building. Signs, lettering, or advertising, excluding permitted menu board, shall not be attached to outdoor seating. Small labels may be permanently attached to the furnishing to identify ownership for security purposes.

(7)

Storage. Outdoor seating and furnishings shall be stored inside the building in a secure manner when not in use.

(8)

Other impacts. Additional conditions may be imposed over and above the minimum standards set forth herein above, by the director or his designee based upon potential additional impacts related to site specific conditions.

(Ord. No. 342, § 2, 6-21-90; Ord. No. 754, § 5, 10-19-06)

Editor's note— Section 2 of Ord. No. 342, adopted June 21, 1990, added §§ 26-67 and 26-68, which sections had been previously codified; therefore, the editor has redesignated said provisions as §§ 26-72 and 26-73.

(a)

Purpose and intent. The purpose of this section is to provide additional design standards and guidelines for commercial and industrial projects twenty thousand (20,000) square feet in size or larger to supplement existing development standards with specific additional regulations that apply to the design of these very large twenty thousand (20,000) square feet (or larger) buildings and also to groupings of structures which, in combined total, meet the twenty thousand (20,000) square-foot threshold required for applicability of this section to such projects. The design of commercial and industrial building(s) and projects determines much of the image and attractiveness of the streetscape and character of a community. Massive and/or generic developments that do not contribute to, or integrate with, the community in a positive manner can be detrimental to a community's image and sense of place. The goal is to create and maintain a positive ambiance and strong community image and identity by providing for architectural and site design treatments which will enhance the visual appearance of commercial and industrial development in the Village of Royal Palm Beach, while still providing for design flexibility in accordance with the goals, policies and objectives of the Village of Royal Palm Beach Comprehensive Plan and the purpose and intent of this Code. These regulations are also intended to promote the use of Crime Prevention Through Environmental Design (C.P.T.E.D.) principles including:

Visibility—Visibility for law enforcement and other people in the area;

Natural surveillance—Placing areas of activity where they can be seen by law enforcement and the public; and

Defensible space—Designing areas which people will take as their own and not be willing to relinquish this space to other undesirable activities.

(b)

Applicability. Provisions of this division are applicable for all new construction in all village commercial and industrial zoning districts as well as for commercial components of PUD's and developments of regional impact (DRI's) which meet the size criteria; additionally, these provisions are applicable for existing structures meeting the size criteria as provided below:

(1)

Renovations and redevelopment: In the case of additions, renovations or redevelopment of an existing building or project where the cost of such addition, renovation or redevelopment exceeds fifty (50) percent of the value of the existing structure(s), or twenty (20) percent of the square footage of the existing structure, the provisions of this section shall apply.

(2)

Discontinuance: Where the use of a structure ceases for a period of more than one hundred eighty (180) consecutive days for any reason, except where governmental action impedes access to the premises or has otherwise caused the cessation of the use, the provisions of this section which may require structural alterations shall be adhered to prior to use of the structure. With respect to vehicular use and required landscape areas, the provisions of this section shall apply where the use of a structure ceases for any reason, except where governmental action impedes access to the premises or has otherwise caused the cessation of the use, for a period of more than ninety (90) consecutive days.

(3)

Required site development or improvement plan: Compliance with the standards set forth in this division shall be demonstrated by submittal of architectural drawings and a site development plan or site improvement plan in accordance with section 26-32 of this Code.

(c)

Architectural and site design standards and guidelines.

(1)

Lighting.

a.

Consistency. Lighting shall be designed in a consistent and coordinated manner for the entire site. The lighting and lighting fixtures shall be integrated and designed so as to enhance the visual impact of the project on the community and/or blends into the landscape.

b.

Shielding standards. Lighting shall be designed so as to prevent direct glare, light spillage and hazardous interference with automotive and pedestrian traffic on adjacent streets and all adjacent properties.

c.

Fixture height standards. Lighting fixtures shall be a maximum of thirty (30) feet in height within the parking lot and shall be a maximum of fifteen (15) feet in height within non-vehicular pedestrian areas.

d.

Design standards. Lighting shall be used to provide safety while accenting key architectural elements and/or to emphasize landscape features. Light fixtures shall be designed as an integral design element that complements the design of the project. This can be accomplished through style, material or color (excluding fluorescent, primary and/or secondary colors) or be designed to blend into the landscape through the use of dark colors such as bronze. Mill finish is not permitted.

(2)

Service Function Areas (SFA's) including but not limited to loading, storage, mechanical equipment, and solid waste disposal.

a.

Buffering and screening standards. Loading areas or docks, trash collection, mechanical equipment, trash compaction, vehicular storage, (excluding new and used cars) recycling, roof top equipment and other service function areas shall be fully screened from view of adjacent properties and roadways at ground view level.

b.

Materials and design standards. Screening material and design shall be consistent with design treatment of the primary facades of the structure on site.

c.

Fencing standards. Chain link and wood fencing are prohibited forward of the primary facade and must be a minimum of one hundred (100) feet from a public right-of-way. Chain link and wood fencing facing a public right-of-way shall provide at a minimum an irrigated hedge directly in front of the fence on the side of the right-of-way. Plant material shall be a minimum of three (3) gallons and planted three (3) feet on center at time of installation. This plant material shall be maintained at a minimum of three quarters (¾) the height of the fencing. Fencing forward of the primary facade is permitted under the following conditions:

1.

Fencing does not exceed four (4) feet in height.

2.

The fencing provides either an open view at a minimum of twenty-five (25) percent of its length or provides variation in its height for a minimum of fifteen (15) percent of its length with a deviation of at least twelve (12) inches.

3.

The fence style must complement building style through material, color and/or design.

(3)

Drive-through window standards.

Drive-through windows and lanes shall be designed to adhere to the following standards:

a.

Drive-through windows shall not be placed between the building and a public road right-of-way.

b.

Only a single drive-through facility is permitted; however financial institutions may have more than one (1) service in a single drive through. All drive throughs shall be subject to the provisions of section 23-49(b)(18).

(4)

Pedestrian walkways.

a.

Pedestrian access standards. Pedestrian ways, linkages and paths shall be provided from the building entry(s) to surrounding streets, external sidewalks and outparcels. Pedestrian ways shall be designed to provide access between parking areas and the building entrance(s) in a coordinated and safe manner. Pedestrian ways may be incorporated within a required landscape perimeter buffer, provided said buffer is not less than ten (10) feet in width on average. Shared pedestrian walkways are encouraged between adjacent projects.

b.

Minimum ratios. Pedestrian ways shall be provided at a minimum ratio of one for each public vehicular entrance to a project, excluding ingress and egress points intended primarily for service, delivery or employee vehicles.

c.

Minimum dimensions. Pedestrian walkways shall be a minimum of five (5) feet wide.

d.

Materials. Pedestrian walkways shall be consistent with the provisions of the Americans with Disabilities Act (ADA), Accessibility Guidelines. Materials may include specialty pavers, concrete, colored concrete or stamped pattern concrete.

e.

Pedestrian crosswalks at building perimeter. Building perimeter crosswalks shall be designed and coordinated to move people safely to and from buildings and parking areas by identifying pedestrian crossings with signage and variations in pavement materials or markings.

f.

Shade. Pedestrian walkways shall provide intermittent shaded areas when the walkway exceeds one hundred (100) linear feet in length at a minimum ratio of one hundred (100) square feet of shaded area per every one hundred (100) linear feet of walkway. Shade structures may be natural, manmade or a combination of both.

(5)

Building design.

a.

Building orientation standards. Facades/elevations that are adjacent to an arterial or collector street, or a navigable waterway, shall have two (2) of the following design features;

1.

Windows at a minimum of forty (40) percent of the affected facade; projected covered public entry with a minimum of twenty-five (25) percent of the wall space devoted to windows.

2.

Projected covered public entry with a minimum of twenty-five (25) percent of the wall space devoted to windows.

3.

Covered walkway (excluding canvas type) unless provided with six (6) inch columns or better attached to the building at a minimum of eight (8) feet wide with a sixty (60) percent minimum coverage for the affected facade.

b.

Facade/wall height transition. New developments that are located within three hundred (300) feet of an existing building and are more than twice the height of any existing building within three hundred (300) feet shall provide transitional massing elements to transition between the existing buildings of lower height within three hundred (300) feet, and the proposed development. The transitional massing element can be no more than one hundred (100) percent taller than the average height of the adjacent buildings.

c.

Facade standard. All primary facades of a building shall be designed with consistent architectural style, detail and trim features. Facades attached to a primary facade shall incorporate features of the primary facade for a minimum of thirty-three (33) percent of the overall wall length measured from the attached primary facade. In the case of outparcel buildings, all exterior facades shall adhere to the requirements of this division with respect to architectural design treatments for primary facades.

1.

Window standards: Windows shall not appear to be false or applied.

2.

Awning standards: Awnings which constitute more than ninety (90) percent of a facade or those that connect two (2) facades shall adhere to all roof standards set forth in the building codes. Additionally, awnings may be backlit with a white light only; multi-colored shade awning structures are prohibited, the use of fluorescent colors is prohibited, and muted colors are encouraged.

d.

Massing standards. Exterior facades shall be designed to employ the following design treatments on the ground floor:

1.

No horizontal length or uninterrupted curve of a building facade shall exceed one hundred (100) linear feet. For arcaded facades, no horizontal length or uninterrupted curve of the arcaded facade shall exceed one hundred twenty (120) feet, but varied lengths are desirable. Projections and recesses shall have a minimum depth of three (3) feet with twenty-five (25) percent of these having a varied length with a minimum differential of one (1) foot.

2.

Exterior wall planes shall not constitute more than sixty (60) percent of each affected ground floor facade. The wall plane shall be measured at one (1) foot off the exterior wall surface on each side of the wall.

3.

Primary facades on the ground floor shall have features along a minimum of fifty (50) percent of their horizontal length per affected side. These features include, but are not limited to: arcades, a minimum of six (6) feet clear in width; display windows; entry areas; or other such design elements. Awnings are included in this calculation at 1.5 times the window width when associated with windows/doors and are in increments of twenty (20) feet in length or less.

(6)

Project standards. Both single and multi-use buildings and projects shall also be required to provide a minimum of four (4) of the following building design treatments.

a.

Canopies or portico, integrated with the buildings massing and style;

b.

Overhangs, minimum of three (3) feet;

c.

Arcades, minimum of eight (8) feet clear in width;

d.

Sculptured artwork;

e.

Raised cornice or building banding with a minimum of two (2) reliefs;

f.

Peaked roof forms;

g.

Arches;

h.

Display windows;

i.

Ornamental and structural architectural details, other than cornices; which are integrated into the building structure and overall design;

j.

Clock bell towers or other such roof treatment (i.e. dormers, belvederes, cupolas);

k.

Projected and covered entry, five (5) foot minimum;

l.

Emphasized building base, minimum of three (3) feet high and minimum projection from the wall of two (2) inches;

m.

Additional roof articulation above the minimum standards, (see roof section);

n.

Metal or tile roof as the dominant roof material; or

o.

Any other treatment which, in the opinion of the planning director, meets the intent of this section;

p.

And one of the following design elements;

q.

Decorative landscape planters or planting areas, a minimum of five (5) feet wide, and areas for shaded seating consisting of a minimum of one hundred (100) square feet;

r.

Integration of specialty pavers, or stamped concrete along the building's walkway. Said treatment shall constitute a minimum of sixty (60) percent of walkway area; or

s.

Water elements, a minimum of one hundred fifty (150) square feet in area; or

t.

Two (2) accent or specimen trees (above the minimum landscape code requirements) along the front facade with a minimum height of eighteen (18) feet at planting.

(7)

Detail features.

a.

Blank wall areas. Blank wall areas shall not exceed ten (10) feet in vertical direction nor twenty (20) feet in the horizontal direction of any primary facade. For facades connected to a primary facade this shall apply to a minimum of thirty-three (33) percent of the attached facade measured from the connection point. Control and expansion joints within this area shall constitute blank wall area unless used as a decorative pattern and spaced at intervals of six (6) feet or less. Relief and reveal work depth must be a minimum of one-half (½) inch. Blank wall area may utilize landscaping to assist in reducing the blank wall area. Landscaping shall not be in lieu of architectural treatment.

b.

Repeating facade treatments. Building facades shall include a repeating pattern and shall include no less than three (3) of the design elements listed below. At least one (1) of these design elements shall repeat horizontally. All design elements shall repeat at intervals of no more than fifty (50) feet, horizontally and a maximum of fifteen (15) feet vertically.

1.

Color change;

2.

Texture change;

3.

Material module change;

4.

Expression of architectural or structural bays, through a change in plane of no less than twelve (12) inches in width, such as a reveal, an offset, or a projecting rib;

5.

Architectural banding;

6.

Building setbacks or projections, a minimum of three (3) feet in width on upper level(s); or

7.

Pattern change.

c.

Additional facade design treatments for multiple use buildings.

1.

First floor primary facade treatments. The first floor of the primary facades shall, at a minimum, utilize windows between the heights of three (3) feet and eight (8) feet above the walkway grade for no less than thirty (30) percent of the horizontal length of the building facade.

2.

Windows. Windows shall be recessed, a minimum of one-half inch, and shall include visually prominent sills, shutters, stucco reliefs, or other such forms of framing.

(8)

Outparcels. Outparcel design. All exterior facades of an outparcel structure shall be considered primary facades and shall employ architectural, site, and landscaping design elements which are integrated with and common to those used on the primary structure on site. These common design elements shall include colors and materials associated with the main structure. When the use of common wall, side by side development occurs, continuity of facades and consolidated parking for several businesses on one (1) parking lot may be used. Outparcel structures that are adjacent to each other shall provide for vehicular connection between their respective parking lots and provide for interconnection of pedestrian walkway.

(9)

Roof treatments.

a.

Roof edge and parapet treatment. At a minimum of two (2) locations, the roof edge and/or parapet shall have a vertical change from the dominant roof condition, a minimum of three (3) feet. At least one (1) such change shall be located on a primary facade adjacent to a collector or arterial right-of-way. One (1) additional roof change must be provided for every twenty-five thousand (25,000) square foot increment over fifty thousand (50,000) square feet of ground floor space.

b.

Roofs shall meet the following requirements:

1.

Parapets shall be used to conceal roof top equipment and flat roofs.

2.

Where overhanging eaves are used, overhangs shall be no less than two (2) feet beyond the supporting walls. Where overhangs are less than two (2) feet they shall be provided with a band or cornice, a minimum of eight (8) inches under the soffit at the wall.

3.

Fascia shall be a minimum of eight (8) inches.

4.

Tile or metal as the dominant roof material.

c.

Prohibited roof types and materials. The following types of materials are prohibited:

1.

Asphalt shingles, except laminated, three hundred twenty (320) pound, thirty (30) year architectural grade asphalt shingles or better;

2.

Mansard roofs and canopies without a minimum vertical distance of eight (8) feet and at an angle not less than twenty-five (25) degrees, and not greater than seventy (70) degrees;

3.

Roofs utilizing less than or equal to a two (2) to twelve (12) pitch unless utilizing full parapet coverage; and

4.

Back-lit awnings used as a mansard or canopy roof.

(10)

Entryways/customer entrance standards.

a.

Single use buildings. Single use buildings shall have clearly defined, highly visible customer entrances which shall include an outdoor patio area adjacent to the customer entrance, a minimum of two hundred (200) square feet in area which incorporates the following:

1.

Benches or other seating components;

2.

Decorative landscape planters or wing walls which incorporate landscaped areas;

3.

Structural or vegetative shading; and

4.

Front entry shall be set back from the drive a minimum distance of fifteen (15) feet.

b.

Multiple use buildings and projects. Multi-use structures shall include the following:

1.

Anchor tenants shall provide clearly defined, highly visible customer entrances.

2.

A provision for intermittent shaded outdoor community space at a minimum of one (1) percent of the total gross floor area of the building or commercial project. Said community space shall be located off or adjacent to the circulation path of the complex or main structure and shall incorporate benches or other seating components.

(11)

Exterior building materials standards.

a.

Predominant exterior building materials shall include, but are not limited to:

1.

Stucco;

2.

Brick;

3.

Tinted, textured, other than smooth or ribbed, concrete masonry units; or

4.

Stone excluding an ashlar or rubble construction look.

b.

Predominant exterior building materials that are prohibited include:

1.

Plastic siding;

2.

Corrugated or reflective metal panels;

3.

Tile;

4.

Smooth or rib faced concrete block; and

5.

Applied stone in an ashlar or rubble look.

c.

Automotive and other special type service buildings may utilize prefabricated metal buildings under the following conditions:

1.

Metal buildings must be located more than two hundred fifty (250) feet from any right-of-way;

2.

Metal buildings must be located directly behind the main showroom/sales center so as not to be a dominant facade along the street; and

3.

No more than twenty (20) percent of the building can be situated beyond the main auto sales center and showroom.

d.

Predominant exterior color(s).

1.

Primary exterior color(s). The use of black or fluorescent, primary and/or secondary colors is prohibited as the predominant exterior building or roof color(s). Earth-tone colors are encouraged.

2.

Building trim color(s). Building trim and accent areas may feature any color(s), limited to ten percent of the affected facade segment, with a maximum trim height of twenty-four (24) inches total for its shortest distance. Neon or neon type tubing is prohibited.

(12)

Landscaping. In addition to the requirements of Chapter 15, Landscaping, the following requirements shall apply.

The following landscaping requirements shall be counted toward the required green space requirements of the underlying zoning district.

a.

At the time of planting, trees in vehicular use areas shall be a minimum of twelve (12) to fourteen (14) feet in height with a six (6) foot spread and a two and one-half (2½) inch caliper and shall have a clear trunk area to a height of seven (7) feet.

b.

The first row of landscape islands located closest to the building front and sides shall be landscaped with trees, palms, shrubs and groundcovers and shall have a clear trunk area to a height of seven (7) feet.

c.

Tree and lighting locations shall be designed so as not to conflict with one another.

d.

Parking lots divider strips and terminal islands shall meet the dimensional requirements of section 15-133, and shall be provided as follows:

1.

Terminal islands at the end of each parking strip.

2.

Continuous divider strips perpendicular to the long dimension of the parking space between each facing row of parking.

3.

Divider strips parallel to the long dimension of the parking space every twelve (12) spaces.

e.

Perimeter buffers: As an express exemption to the buffering requirements enumerated in section 15-131, perimeter buffers for structures subject to the supplemental regulations as set forth in section 26-73, herein shall be provided as follows:

1.

In order to promote landscaping that matches the scale of the building, berming shall be limited to fifty (50) percent of frontage, and shall vary in height from four (4) feet to eight (8) feet.

2.

Landscaping shall be provided in the same numbers as required in section 15-130, however, trees shall be clustered in the areas between berms. Minimum tree height shall be fourteen (14) feet.

3.

Planting between berms, except tree clusters, shall be limited to hedges and shrubs plated in tiers not exceeding six (6) feet in height.

(13)

Locational requirements for building perimeter plantings.

Building perimeter plantings shall not be counted toward the required green space requirements of the underlying zoning district.

a.

Perimeter landscape plantings shall be located adjacent to the primary building facade, including building entrance areas, plazas, and courtyards. These areas shall be landscaped with any combination of trees, palms, shrubs and ground covers.

b.

Building perimeters shall include plantings at a ration of one hundred (100) square feet of planters per one thousand (1,000) square feet of building ground floor area. Planters shall either be raised or at ground level and be a minimum of ten (10) feet wide. Seating courtyards, eating areas and plazas may be incorporated within them.

(14)

Natural and manmade bodies of water including wet and dry retention areas.

a.

The shape of a manmade body of water, including wet and dry retention areas, shall be designed to appear natural by having off-sets in edge alignment that are a minimum of ten (10) feet and spaced fifty (50) feet apart. All bodies of water including wet and dry retention areas, exceeding twenty thousand (20,000) square feet in area, and which are located adjacent to a public right-of-way, shall incorporate into the overall design of the project at least two (2) of the following:

1.

A five (5) foot wide walkway with trees an average of fifty (50) feet on center and shaded benches a minimum of six (6) feet in length or picnic tables with one located every one hundred fifty (150) feet.

2.

An intermittent shaded plaza/courtyard, a minimum of two hundred (200) square feet in area, with benches and/or picnic tables adjacent to the water body.

3.

A permanent fountain structure.

(Ord. No. 606, § 4, 3-15-01; Ord. No. 612, § 6, 8-16-01; Ord. No. 667, § 7, 5-13-03)

Editor's note— Section 4 of Ord. No. 606, adopted March 15, 2000, repealed in its entirety § 26-73, which pertained to recycling facilities and was derived from Ord. No. 342, § 2, adopted June 21, 1990.

(a)

Purpose and intent. The purpose and intent of this district is to encourage the development of large tracts of land as compatible, planned groups of housing types in residential neighborhoods, to encourage flexible and creative site planning, to preserve natural amenities, to encourage scenic and functional open areas, to provide for a more efficient use of land in areas consistent with the comprehensive plan, as may be amended from time to time. Nothing herein shall imply that the village council or any owner is required to approve or enter into any PUD arrangement on any specified property within the village unless both parties are in total agreement with the proposed plan and its design characteristics. The intent of this section is to provide flexibility through a special exception process without violating the intent and purpose of the underlying zoning district.

(b)

Uses permitted.

(1)

A PUD shall consist of a planned grouping of three (3) or more dwelling unit types. One (1) dwelling unit type shall occupy at least ten (10) percent of the area designated as a PUD.

(2)

All uses are prohibited unless specifically listed as a "Permitted Use" in the zoning districts where "PUD-Planned Unit Development" is listed as a "Special Exception Use" or as set forth at subsection 26-74(b)(3) herein below.

(3)

Uses listed as "Special Exception Uses" in the zoning district assigned to the subject property shall be permitted only in addition to the planned grouping of three (3) or more dwelling units for the PUD and only if approved as part of the overall PUD special exception approval.

(4)

Neighborhood commercial uses are permitted within a PUD so long as they comprise no more than twenty (20) percent of the total PUD development and are approved by the village council as part of the PUD special exception as minor commercial uses predominately serving the PUD.

(c)

Site development standards. The following site development standards shall constitute minimum design criteria. Each planned unit development master plan shall also be subject to the review and approval of the planning and zoning commission and the Village Council.

(1)

Maximum density for the entire PUD shall be the number of dwelling units permitted by the underlying zoning district or districts in which the PUD is located. Density within individual phases may exceed district maximums; however, overall density may not exceed the maximum unit count permitted by the underlying zoning district or districts. In no circumstance shall the overall PUD density exceed the density permitted within the village comprehensive land use designation underlying the PUD. Should a PUD overlay two (2) or more comprehensive land use designations with different permitted densities, the density permitted within each comprehensive land use designation shall not be exceeded within the boundaries for the parcel(s) of land which make up separate portion(s) of the PUD as designated by the boundaries of the different underlying comprehensive land use designations.

(2)

Uses and dwelling types permitted in this district shall be generally reviewed according to the site development standards of those zoning districts under which the uses and dwelling types are set forth as "Permitted Uses" and according to the district development standards which regulate specifically those dwelling types being utilized within the PUD. However, such site development standards for these dwelling types may be modified as approved by the village council through the PUD approval process if such modifications further the overall purpose and intent of the PUD process.

(3)

The maximum building height shall be thirty-two (32) feet and not more than three (3) stories. Three (3) story buildings abutting any structures subject to the single family development standards, either within the PUD or adjacent to the borders of the PUD, must be set back at least three hundred (300) feet from the abutting single family property.

(4)

The minimum number of dwelling units to be considered for PUD approval shall be one hundred (100).

(d)

Location. All planned unit developments must contain frontage of a minimum of three hundred (300) feet along a major arterial or collector road as defined in the subdivision code.

(e)

Submittal requirements. In addition to the application requirements for special exceptions as set forth at section 26-32(5)(b) of the village Code of Ordinances, the following submittal requirements must be met:

(1)

Information required for site plan review pursuant to section 26-32(5)(c);

(2)

A written explanation of the character of the proposed PUD development;

(3)

A tabular summary of acres, dwelling units and gross density by type of land use;

(4)

Proposed development schedule and phases;

(5)

Agreements, provisions and covenants which will govern the use, maintenance and protection of proposed common areas and facilities;

(6)

Filing fee for PUD special exception application, the amount of which shall be set by resolution of the village council and shall be on file in the office of the village clerk.

(f)

Traffic impacts. All planned unit development applications shall be required to pay for the cost of the traffic impact analysis which outlines the impact of the project along with recommendations for roadway improvements to offset this impact. These improvements shall be required to be constructed by the applicant as a condition of the development approval. The village shall determine who is to prepare this study. The petitioner is entitled to provide his own study should he so desire.

(g)

Subdivision. It is intended that there be flexibility in the property configuration within a PUD. Therefore, land within a PUD may be subdivided into parcels, subject to section 26-74(c). herein above, based upon the building and land use arrangement established in the overall unified site plan approval for the PUD development. The following additional requirements apply:

(1)

The overall project must meet the minimum standards of the zoning code for the zoning district in which the project is located. However, the village council may vary the zoning district regulations found in the subdivision code, the landscape code, and the sign code for internal parcels otherwise subject to 26-74(c) requirements so long as conditions of approval are placed upon the special exception approval for the entire PUD in order to ensure that the PUD makes a substantial contribution to the neighborhood and is developed in accordance with the spirit and intent of all the codes of the Village of Royal Palm Beach.

(2)

All planned unit developments shall include as a condition of approval that, prior to the issuance of building permits within the PUD, a unity of control instrument acceptable to the village attorney must be recorded by the applicant. The unity of control instrument shall assure that the PUD shall be developed consistent with the development order and conditions of approval granted by village council and must contain provisions for the joint maintenance responsibilities of the entire PUD.

(3)

In no case, shall subdivision approval precede approval of a PUD development plan.

(Ord. No. 606, § 5, 3-15-01; Ord. No. 612, § 7, 8-16-01; Ord. No. 787, § 5, 5-3-07)

Editor's note— Section 5 of Ord. No. 606, adopted March 15, 2000, repealed in its entirety § 26-74, which pertained to minor amendments to previously approved site plans and was derived from Ord. No. 431, § 2, Feb. 20, 1992; and Ord. No. 507, § 12, Oct. 3, 1996.

(a)

Purpose and intent. The purpose and intent of this district is to encourage the development of large tracts of land as compatible, planned groups of mutually harmonious industries, research facilities and educational institutions in park-like settings to encourage flexible and creative site planning, to preserve natural amenities, to encourage scenic and functional open areas, to provide for a more efficient use of land in areas consistent with the comprehensive plan, as may be amended from time to time. Nothing herein shall imply that the village council or any owner is required to approve or enter into any PID arrangement in any specified property within the village unless both parties are in total agreement with the proposed plan and its design characteristics. The nature and type of industry as permitted in a PID shall be governed by the performance standards set forth in section 26-71. The intent of this section is that no zoning designation or regulation be bypassed or violated.

(b)

Uses permitted.

(1)

A PID shall consist of a planned grouping of two (2) or more industrial uses as set forth in either the IG or IL zoning district, whichever district underlies the PID. Each such industrial use will occupy at least five (5) percent of the area designated as a PID.

(2)

All uses are prohibited unless specifically listed as a "Permitted Use" in the applicable IL or IG zoning districts where a "Planned Industrial Development" is listed as a "Special Exception Use" or as provided for hereinbelow at subsection 26-75(b)(3).

(3)

Uses listed as "Special Exception Uses" in the applicable IG or IL zoning district underlying the PID shall be permitted only as additional uses above and beyond the planned grouping of two (2) or more industrial uses for the PID if approved as part of the overall PID special exception approval.

(c)

Site development standards. The following site development standards shall constitute minimum design criteria. Each planned industrial development master plan shall also be subject to the review and approval of the planning and zoning commission and the village council:

(1)

Minimum parcel size for an entire PID shall be three (3) acres.

(2)

Outparcels within the PID may be permitted at less than the minimum parcel size required in the underlying IG or IL zoning district and the site development standards applicable to these zoning districts may be modified as approved by village council through the PID approval process.

(3)

The maximum building height shall be thirty-two (32) feet and not more than two (2) stories.

(4)

Building height, setbacks and coverage shall be governed by the applicable IG or IL zoning district underlying the PID.

(5)

Parking requirements regarding the minimum number of parking spaces for all approved PID uses shall be governed by the specific uses allowed in the applicable zoning district as set forth at section 23-51.

(d)

Location. All planned industrial developments must contain frontage of a minimum of three hundred (300) feet along a major arterial or collector road as defined in the subdivision code.

(e)

Submittal requirements. In addition to the application requirements for special exceptions as set forth at section 26-32(5)(b) of the village Code of Ordinances, the following submittal requirements must be met:

(1)

Information required for site plan review pursuant to section 26-32(5)(c);

(2)

A written explanation of the character of the proposed PID development;

(3)

A tabular summary of acres, number of buildings and gross floor area by type of land use;

(4)

Proposed development schedule and phases;

(5)

Agreements, provisions and covenants which will govern the use, maintenance and protection of proposed common areas and facilities.

(6)

Filing fee for PID special exception application, the amount of which shall be set by resolution of the village council and shall be on file in the office of the village clerk.

(f)

Traffic impacts. All planned industrial development applications shall be required to pay for the cost of the traffic impact analysis which outlines the impact of the project along with recommendations for roadway improvements to offset this impact. These improvements shall be required to be constructed by the applicant as a condition of the development approval. The village shall determine who is to prepare this study. The petitioner is entitled to provide his own study should he so desire.

(g)

Subdivision. It is intended that there be flexibility in the property configuration within a PID. Therefore, land within a PID may be subdivided into parcels, subject to subsection 26-75(c) hereinabove, based upon the building and land use arrangement established in the overall unified site plan approval for the PID development. The following additional requirements apply:

(1)

The overall project must meet the minimum standards of the zoning code for the IL or IG zoning district underlying the PID, except that the minimum overall parcel size for the entire PID shall remain as set forth at subsection 26-75(c)(1) hereinabove. However, the village council may vary the zoning district regulations found in the subdivision code, the landscape code, and the sign code for internal parcels or outparcels otherwise subject to subsection 26-75(c) requirements so long as conditions of approval are placed upon the special exception approval for the entire PID in order to ensure that the PID makes a substantial contribution to the neighborhood and is developed in accordance with the spirit and intent of all the codes of the Village of Royal Palm Beach.

(2)

All planned industrial developments shall include as a condition of approval that, prior to the issuance of building permits within the PID, a unity of control instrument acceptable to the village attorney must be recorded by the applicant. The unity of control instrument shall assure that the PID shall be developed consistent with the development order and conditions of approval granted by village council and must contain provisions for the joint maintenance responsibilities of the entire PID.

(3)

In no case, shall subdivision approval precede approval of a PID development plan.

(h)

Performance standards.

(1)

No outside or unenclosed storage or placement of any materials, merchandise, refuse, equipment or accumulated debris shall be permitted except in properly designated and screened storage spaces and trash receptacles. Outside storage, where approved, shall be required to meet the minimum parking requirements of the related permitted use as set forth in section 23-51 for that total area devoted to such storage.

(2)

The rear of the center shall be given architectural treatment consistent with the front.

(3)

All lighting shall be directed away from nearby residents.

(4)

All loading areas shall be screened by eight (8) foot wing walls.

(5)

At least five (5) percent of the total area of the PID must be dedicated as open space for the intended use by the people offering or utilizing the services performed within the PID.

(Ord. No. 606, § 6, 3-15-01; Ord. No. 612, § 8, 8-16-01; Ord. No. 639, § 5, 6-20-02; Ord. No. 679, § 1, 10-16-03; Ord. No. 754, § 6, 10-19-06)

(a)

Legislative intent. It is the intent of the village council to provide for the public health, safety and welfare by establishing minimum standards for the use, site development, construction and placement of warehouse and storage buildings over four hundred thousand (400,000) square feet within the village.

(b)

Supplemental definitions. In addition to the definitions in section 26-22 of this Code, the following supplemental definitions shall apply to interpretation of this section:

Warehouse and storage building over four hundred thousand (400,000) square feet shall mean an industrial establishment where goods are received or stored for the redistribution to their eventual destination at remote locations; and which may include office space intended to provide logistical support for the local as well as the regional operation of the business.

(c)

Supplemental land use regulations.

(1)

In general. Permitted uses within a warehouse and storage building over four hundred thousand (400,000) square feet shall be limited to industrial establishments which require both: (a) limited off-street parking; and (b) storage of stock-in-trade, equipment or material best kept in a warehouse-like environment not open to the general public.

(2)

Increased setbacks related to height. Notwithstanding the requirements of subsections 26-75(c)(3) and 26-92(4)(d) with regard to any portion of the building exceeding the allowable height, that portion of the building must be set back an additional five (5) feet for every foot, or portion thereof, which exceeds the allowable height, and which shall in no instance exceed a maximum height of forty-five (45) feet.

(3)

No outside storage. All material or equipment stored onsite shall be entirely within enclosed buildings.

(4)

The staging of trailers: Screening. Trailers are permitted within designated areas when used in conjunction with the operation of the facility. Areas designated for the staging of trailers, including the area for loading and unloading, shall be screened from public areas as defined in section 26-22; however, notwithstanding this definition, the maximum height of such screening may exceed six (6) feet. At no time shall inoperable trailers be allowed to be stored on site.

(5)

Uses allowed. Notwithstanding the requirements of subsection 26-75(b)(3), a PID containing this use may be approved without meeting the requirement of containing at least two (2) permitted uses under subsection 26-92(2); and may contain either special exception uses, permitted uses or any combination of same as approved by village council.

(d)

Supplemental architectural and site design guidelines. The following supplemental regulations shall apply to each warehouse and storage building over four hundred thousand (400,000) square feet., located in an area with limited/restricted public access and not within one thousand (1,000) feet of a public right-of-way:

(1)

Where the site construction will not affect the general purpose and intent of section 26-73; and notwithstanding the requirements of subsections 26-73(c)(5), (6), (7), (9), and (11), warehouse and storage building's design requirements shall be colors and materials generally used throughout the village and as approved by village council;

(2)

Notwithstanding the requirements of subsection 26-75(c)(5), this building shall be parked at one (1) space per three hundred (300) square feet for the office space plus one (1) space per ten thousand (10,000) square feet of warehouse/storage area;

(3)

The building shall not be subject to the performance standards requirement of subsection 26-75(h)(2), but is subject to final approval by village council;

(4)

Where chain link fencing is being utilized it must be vinyl coated; and notwithstanding the requirement of subsection 26-73(c)(2)c., vinyl coated fencing forward of the primary facade may have a maximum height of six (6) feet when not adjacent to a right-of-way;

(5)

Lighting fixtures may be allowed to exceed the height limitations set forth in subsection 26-73(c)(1)c. to allow a maximum of forty (40) feet in height within the semi-truck use areas and loading areas: furthermore, all light filaments shall be fully shielded from residentially zoned properties;

(6)

Requirements of subsection 26-73(c)(13) regarding building perimeter landscaping shall not apply;

(7)

Where service function areas are screened from view in accordance with [subsection] 26-73(c)(2), service function areas (SFAs) and in accordance with the definition of "screened" as set forth at section 26-22, the requirements of subsection 26-75(h)(4) shall not apply;

(8)

Notwithstanding the landscape requirements of subsection 26-73(c)(12)d.2., the requirements of section 15-133 shall apply; and

(9)

Notwithstanding the landscape requirements of subsection 26-73(c)(12)e.L., the requirements of section 15-131 shall apply.

(Ord. No. 862, § 1, 6-21-12)

(a)

Legislative intent. It is the intent of the village council to provide for the public health, safety and welfare by establishing minimum standards for the use, site development, construction and placement of brewpubs, breweries and microbreweries within the village.

(b)

Minimum standards.

1.

Brewpubs and microbreweries shall be permitted only in conjunction with an accessory use of restaurant, bar, taproom, tasting room, retail service, demonstration area, or education facility, and shall be open and accessible to the public. A maximum of seventy-five (75) percent of the square footage of the facility (inclusive of outdoor seating facilities) shall be dedicated to the brewery function including, but not limited to, brew house, boiling and water treatment areas, bottling and kegging lines, malt milling and storage, fermentation tanks, condition tanks and serving tanks. The seventy-five (75) percent standard shall not apply to properties located within the IG Industrial General District.

2.

The maximum production per calendar year for microbreweries and brewpubs is as follows:

a.

Microbreweries—Not to exceed fifteen thousand (15,000) barrels; and

b.

Brewpubs—As allowed by applicable licenses from the Florida Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, not to exceed fifteen thousand (15,000) barrels;

3.

Except for loading and unloading, all activities shall occur within a building. Delivery access shall be located at the rear or side of the building. If no dedicated loading zone, loading and unloading shall occur at the rear or side of the building, and at hours not generally utilized by the surrounding establishments. Areas designated for loading and unloading, shall be screened from public areas as defined in section 26-22; however, notwithstanding this definition, the maximum height of such screening may exceed six (6) feet. Delivery access and loading bays facing an adjacent residential use, or residential zoning district, shall have the doors closed at all times, except during the movement of raw materials, other supplies and finished products into and out of the building.

4.

All mechanical equipment visible from public areas and adjacent residential areas shall be screened using architectural features consistent with the principal structure.

5.

No outdoor storage shall be allowed. This prohibition includes use of portable storage units, cargo containers and tractor trailers. Spent or unused grain shall be stored in sealed containers.

6.

Outdoor seating areas or areas of patron congregation directly abutting a residential zoning district shall only be permitted subject to variance approval by the village council.

7.

Drive-through facilities are prohibited.

8.

Brewpubs and microbreweries may have live entertainment only by special exception use approval. Any live or recorded entertainment/music shall occur solely within an enclosed building.

9.

For facilities that do not contain a restaurant, bar, taproom, tasting room, retail service, demonstration area, or education facility component, a minimum number of parking spaces shall be provided as follows:

a.

Customer parking. One (1) space for every three hundred (300) square feet of gross floor area of office use; and

b.

Plus warehouse use parking as follows:

(1)

One (1) space per two thousand (2,000) square feet of gross area of warehouse use for establishments over forty thousand (40,000) square feet and where no bay is less than ten thousand (10,000) square feet;

(2)

One (1) space per one thousand (1,000) square feet of gross floor area of warehouse use for establishments over twenty thousand (20,000) square feet and where no bay is less than two thousand (2,000) square feet; or

(3)

One (1) space per five hundred (500) square feet of gross floor area of warehouse use for establishments under twenty thousand (20,000) square feet.

10.

For facilities that contain a restaurant, bar, taproom, tasting room, retail service, demonstration area, or education facility component, a minimum number of parking spaces shall be provided as follows:

a.

For restaurant, bar, taproom, tasting room, retail service, demonstration area, or education facility (not located in a shopping center): One (1) space per seventy-five (75) square feet of gross floor area, plus one (1) space per employee on maximum work shift; or

b.

For restaurant, bar, taproom, tasting room, retail service, demonstration area, or education facility (located in a shopping center): One (1) parking space per two hundred (200) square feet gross leasable area; and

c.

Plus warehouse use parking as follows:

(1)

One (1) space per two thousand (2,000) square feet of gross area of warehouse use for establishments over forty thousand (40,000) square feet and where no bay is less than ten thousand (10,000) square feet;

(2)

One (1) space per one thousand (1,000) square feet of gross floor area of warehouse use for establishments over twenty thousand (20,000) square feet and where no bay is less than two thousand (2,000) square feet; or

(3)

One (1) space per five hundred (500) square feet of gross floor area of warehouse use for establishments under twenty thousand (20,000) square feet.

11.

Brewpubs, breweries and microbreweries shall comply with all applicable federal, state and local laws relating to the manufacturing, sale and distribution of alcoholic beverages including, but not limited to, any licensing requirements.

(Ord. No. 947, § 2, 2-2-17; Ord. No. 1036, § 1, 9-21-23)

(a)

Medical marijuana treatment center dispensing facilities prohibited. Medical marijuana treatment center dispensing facilities shall be prohibited within the village in accordance with F.S. § 381.986.

(b)

Medical marijuana treatment centers.

(1)

Location requirements. Medical marijuana treatment centers shall be located within the village in accordance with article v of this chapter. Medical marijuana treatment center cultivating or processing facilities may not be located within five hundred (500) feet of any real property that comprises a public or private elementary school, middle school, or secondary school in accordance with F.S. § 381.986. The five hundred-foot distance shall be measured by drawing a straight line from the nearest property boundary line of the medical marijuana treatment center to the nearest property boundary line of the public or private elementary school, middle school, or secondary school. The distance shall not be measured by a pedestrian route or automobile route.

(2)

Compliance with laws. Medical marijuana treatment centers shall, at all times, comply with the licensing and regulatory requirements of F.S. § 381.986, and all other applicable statutes and state administrative rules, which include, but are not limited to, the Florida Building Code, the Florida Fire Prevention Code, and any local amendments to the Florida Building Code or the Florida Fire Prevention Code.

(3)

License or permit fees. Medical marijuana treatment centers shall be charged all license or permit fees in an amount equal to the license or permit fees charged to pharmacies pursuant to F.S. § 381.986. Any person or entity applying for or renewing a business tax receipt for a medical marijuana treatment center within the village shall exhibit an active state license, or proof of same, before such business tax receipt may be issued.

(4)

Zoning confirmation requests. Persons or entities seeking a zoning confirmation letter for a medical marijuana treatment center shall submit such request to the planning and zoning department. Such requests shall include a survey sealed by a Florida-registered land surveyor who is licensed by the State of Florida. The survey shall demonstrate that the proposed location of the medical marijuana treatment center is not within five hundred (500) feet of a public or private elementary school, middle school, or secondary school.

(Ord. No. 959, § 2, 8-17-17)

Editor's note— Ord. No. 959, § 2, adopted Aug. 17, 2017, amended § 26-75.3 in its entirety to read as herein set out. Former § 26-75.3, pertained to medical marijuana retail centers and treatment centers, and derived from Ord. No. 948, § 2, adopted Feb. 2, 2017.

(a)

Intent and purpose. All residential developments shall comply with village recreation requirements which ensure that future land development in the village provides for sufficient park or recreational areas, and serves the immediate and future needs of the residents of the development, in accordance with the recreation and open space element of the adopted comprehensive plan.

(b)

Requirements. All residential developers subject to this section shall agree in writing to dedicate land or pay a fee in lieu thereof or both for park or recreation purposes according to the standards and formulas outlined herein.

(c)

Applicability. A residential developer shall dedicate land or pay a fee in lieu thereof, or both, under this section when the developer seeks to construct housing units or seeks to amend a previously approved residential development that increases the number of housing units. The provisions of this section shall apply when a residential developer seeks a site plan approval or building permit to construct units prior to platting or replatting the development, or in the event a plat or replat is not required. The recreation requirements found in section 22-55 of Village Code shall apply when a residential developer seeks to plat or replat a development prior to obtaining site plan approval or building permits to construct units. The provisions of this section shall not apply to nonresidential developments.

(d)

Deeds. Parks and recreational facilities required to be dedicated under this section shall be dedicated to the public, deeded to the village, and/or reserved for private use under private ownership and maintenance as determined by the village. If deeded to the village, the land shall be used by the village for recreational needs reasonably attributable to the proposed residential development.

(e)

Procedure.

(1)

Procedure for residential developments requiring initial site plan approval or major site plan modification. The land to be dedicated to the village or the fee to be paid in lieu thereof or both shall be a condition of initial site plan approval or major site plan modification approval as recommended by the planning and zoning commission, and agreed to by the village council. The village council shall determine whether it accepts land dedication, elects to require payment of a fee in lieu thereof, or both, pursuant to the criteria outlined in section 26-75.4(h) below. At the time of issuance of the first building permit for the residential development, the residential developer shall dedicate the land, pay the fees as previously determined by the village council, or furnish a bond naming the village as beneficiary in the amount of one hundred ten (110) percent of the fees which shall become a lien upon the property and shall be paid upon issuance of the first certificate of occupancy or the transfer of title to any parcel or unit of the land or improvements thereto.

(2)

Procedure for residential developments requiring minor site plan modification to previously approved site plan. The land to be dedicated to the village or the fee to be paid in lieu thereof or both shall be a condition of minor site plan modification approval as determined by the planning and zoning director pursuant to section 26-40 of Village Code. The planning and zoning director shall determine whether he or she accepts land dedication, elects to require payment of a fee in lieu thereof, or both, pursuant to the criteria outlined in section 26-75.4(h) below. At the time of issuance of the first building permit for the residential development, the residential developer shall dedicate the land, pay the fees as previously determined by the planning and zoning director, or furnish a bond naming the village as beneficiary in the amount of one hundred ten (110) percent of the fees which shall become a lien upon the property and shall be paid upon issuance of the first certificate of occupancy or the transfer of title to any parcel or unit of the land or improvements thereto.

(3)

Procedure for residential developments of less than three (3) units. The land to be dedicated to the village or the fee to be paid in lieu thereof or both shall be a condition of building permit issuance as determined by the planning and zoning director. The planning and zoning director shall determine whether he or she accepts land dedication, elects to require payment of a fee in lieu thereof, or both, pursuant to the criteria outlined in section 26-75.4(h) below. At the time of issuance of the first building permit for the residential development, the residential developer shall dedicate the land, pay the fees as previously determined by the planning and zoning director, or furnish a bond naming the village as beneficiary in the amount of one hundred ten (110) percent of the fees which shall become a lien upon the property and shall be paid upon issuance of the first certificate of occupancy or the transfer of title to any parcel or unit of the land or improvements thereto.

(4)

Acceptance and maintenance of required improvements.

a.

The dedication of land to the village under this section shall not constitute an acceptance of the dedication by the village. The acceptance of the dedication shall be by a resolution of the village council adopted at such time as all improvements meet or exceed the standards set forth in section 22-50 of Village Code. The village engineer, upon satisfactory completion of required improvements, shall certify to the village council that the developer has complied with the provisions of section 22-50 and shall recommend to the village council the acceptance of the dedications and when applicable, the maintenance of the required improvements. Upon such recommendations, the village council by resolution shall accept the dedications, and approve the maintenance responsibilities of the required improvements.

b.

Upon the completion of required improvements and approval of the same by the village engineer, the required improvements may be accepted by adoption of a resolution of the village council, subject to a maintenance bond, letter or credit, or other surety reviewed and approved by the village engineer and the village attorney, ensuring the maintenance of all required improvements approved and accepted by the village, for a period of one (1) year following the date of the adoption of the resolution by the village council accepting the dedications and required improvements. The surety amount shall be ten (10) percent of the construction costs of required improvements, and the energy costs (electrical or otherwise) for street and/or right-of-way illumination, as certified by the developer's engineer. The surety required herein shall be released or terminated only upon the adoption by village council of a resolution, as recommended by the village engineer, authorizing such release or termination.

(f)

General standard. It is hereby found and determined that the public interest, convenience, health, welfare and safety requires that ten (10) acres of property for every one thousand (1,000) persons be devoted for local park and recreational purposes.

(g)

Formula for dedication of land. To determine park and recreational land for residential developments to be dedicated in accordance with the general standard of ten (10) acres per one thousand (1,000) persons, the following formula shall be used:

(1)

For single family developments, the average number of persons per dwelling unit equals three (3); multiply this by the number of dwelling units proposed to arrive at the projected number of persons for the project; divide this number by one thousand (1,000); multiply the resulting number by the park standard of ten (10) acres per one thousand (1,000) persons.

(2)

For multi-family and mobile home facility developments, the average number of persons per dwelling unit equal two and one-half (2.5); multiply this by the number of dwelling units proposed to arrive at the projected number of persons for the project; divide this number by one thousand (1,000); multiply the resulting number by the park standard of ten (10) acres per one thousand (1,000) persons.

(3)

For senior housing facility, congregate care facility, assisted living facility, and nursing home facility developments, the number of persons shall be determined by the maximum number of occupants based on the approved site plan for the facility; divide this number by one thousand (1,000); multiply the resulting number by the park standard of ten (10) acres per one thousand (1,000) persons.

(h)

Formula for fees in lieu of land dedication.

(1)

General formula. If it is determined by the village council or planning and zoning director, as applicable, that no park or recreation facility is to be located in whole or part within the proposed residential development to serve the immediate and future needs of the residents of the development, then the residential developer shall, in lieu of dedicating land, pay a fee equal to the value of the land acreage determined by the formula in section 26-75.4(g) above, and in an amount determined in accordance with section 26-75.4(h)(3) below, such fee to be used by the village for acquisition or development of park and recreational land which will serve the residents of the area being developed.

(2)

Determination of land or fee. The village council or the planning and zoning director, as applicable, shall determine whether to accept land dedication or elect to require payment of a fee in lieu thereof by consideration of the following:

a.

Topography, geology, access and location of land in the development available for dedication;

b.

Size and shape of the development and land available for dedication;

c.

The feasibility of dedication;

d.

Availability of previously acquired park property;

e.

Conformity with the recreation and open space element of the comprehensive plan;

f.

If fifty (50) percent of the land required to be dedicated to the village is provided as private open space/facilities for park and recreational purposes within a proposed residential development so that a credit would be given in accordance with section 26-75.4(h)(5) below, and the remaining fifty (50) percent of land required to be dedicated to the village is less than three (3) acres in size, then the residential developer shall be required to pay a fee in lieu of land dedication for the land that is less than three (3) acres in size; and

g.

If fifty (50) percent of the land required to be dedicated to the village is provided as private open space/facilities for park and recreational purposes within a proposed residential development so that a credit would be given in accordance with section 26-75.4(h)(5) below, and the remaining fifty (50) percent of land required to be dedicated to the village is ten (10) acres or more in size, then the residential developer shall be required to dedicate the land that is ten (10) acres or more in size to the village. No fees in lieu of dedication shall be accepted.

(3)

Amount of fee in lieu of land dedication. Where a fee is required to be paid in lieu of land dedication either in whole or in part, the amount of such fee shall be based upon the fair market value of the amount of land which would otherwise be required to be dedicated pursuant to the formula prescribed above. The fee shall be paid pursuant to the provisions contained in this section. Fair market value of the land shall be determined by:

a.

An appraisal of the property by a qualified real estate appraiser approved by the village. Such appraisal shall be obtained at the residential developer's own expense and such appraisal shall value the land based on the highest and best use in the applicable zoning district; or

b.

The contract purchase price of the land so long as proof of purchase price is provided to the village in a form acceptable to the village, and the sale/purchase of the property did not occur more than two (2) years prior to the determination by the village council or the planning and zoning director, as applicable, of the amount of the fee to be paid in lieu of land dedication.

(4)

Criteria for requiring both dedication and fee. The residential developer shall both dedicate land and pay a fee in lieu thereof in accordance with the following formula:

a.

When only a portion of the land calculated by the formula for park and recreational use is to be dedicated, such portion shall be dedicated for local park or recreational purposes, and a fee computed pursuant to the provisions set out above shall be paid for any additional land that would have been required to be dedicated pursuant to the above provisions.

b.

When sufficient park and recreational land in the vicinity has already been acquired by the village and only a small portion of land is needed from the residential development to complete the site, such remaining portion shall be dedicated, and a fee computed pursuant to the formula provided above shall be paid in an amount equal to the value of the land which would otherwise have been required to be dedicated, such fees to be used for the improvement of the existing park and recreational facility or for the improvement of other local parks and recreational facilities in the area serving the development.

(5)

Credit for private open space and facilities. Where private open space for park and recreational purposes is provided in a proposed residential development, partial credit, not to exceed fifty (50) percent, may be given against the requirement of land dedication or payment of fees in lieu thereof if the village council or planning and zoning director, as applicable, finds it is in the public interest to do so, and further finds that all of the following standards are met:

a.

The yards, court areas, setbacks and other open areas required to be maintained by the zoning and building ordinances and regulations shall not be included in the computation of such private open space for purposes of determined credits under this section; and

b.

For residential developments where units are owned in fee simple (e.g., single-family, townhome, condominium units), the private open space for which credit is given and all recreation facilities placed thereon shall be restricted for park and recreational purposes by recorded covenant which shall run with the land in favor of the existing or future residents, and which cannot be defeated or eliminated without the consent of the village. Further, the private open space and recreation facilities placed thereon shall be privately owned and maintained by the existing or future residents of the development as common property. Private ownership and maintenance by the existing or future residents shall be adequately provided for by a recorded written homeowners association or property owners association declaration of covenants and restrictions, or other unity of control document that is acceptable to and approved by the village attorney prior to issuance of a development order or building permits to construct the residential units. The residential developer, and its successors and assigns, shall not be permitted to sell, transfer or convey the private open space for which credit is given or the recreational facilities placed thereon to a third party that is not the homeowners association or property owners association owned and controlled by the existing or future residents of the development. The residential developer, and its successors and assigns, shall transfer ownership of the private open space for which credit is given and all recreation facilities placed thereon to the homeowners association or property owners association at the time of developer turnover or at some earlier date agreed to by the village. The private open space for which credit is given and all recreation facilities placed thereon shall not be made open and available for the general public (e.g., public clubhouse, public pool); and

c.

For residential developments under single ownership (e.g., apartment complex), the private open space for which credit is given and all recreation facilities placed thereon shall be restricted for park and recreational purposes by recorded covenant or condition of approval which shall run with the land in favor of the existing or future residents, and which cannot be defeated or eliminated without the consent of the village. Further, the private open space and recreation facilities placed thereon shall be privately owned and maintained by the single owner for the benefit of the existing or future residents of the development. The private open space for which credit is given and all recreation facilities placed thereon shall not be made open and available for the general public (e.g., public clubhouse, public pool); and

d.

The proposed private open space is reasonably adaptable for use for park and recreational purposes taking into consideration such factors as size, shape, topography, geology, access and locations; and

e.

Facilities proposed for the open space are in substantial accordance with the provisions of the recreation and open space element of the comprehensive plan; and

f.

The open space for which credit is given provides a minimum of five (5) of the local park basic requirements listed below or a combination of such and other recreational improvements that will meet the specific recreation park needs of the future residents of the area.

1.

The following is a list of facilities that will satisfy the local park basic requirements of this section, and Palm Beach County's adopted standards for each facility. These standards will indicate what portion of the population will be served by each respective facility. The user guidelines will further show the number of persons which may actually utilize a given facility on a daily basis:

*Swimming pools shall be sized to meet the projected population per the State of Florida Department of Health and Rehabilitative Services Chapter 10D-5, Florida Administrative Code, Swimming Pools and Bathing Places. Applicants shall show process by which pool is sized for user need, number of users and parking provided.

**Population shall be determined using the formula in section 26-75.4(g).

2.

The five (5) required activities shall be sized according to the above standards which show unit per population increment.

3.

Parking shall be provided in a quantity sufficient to meet the users per day for each required activity as shown in the above standards.

4.

Before credit is given, the village council or planning and zoning director, as applicable, shall make written findings that the above standards are met.

(6)

Use of money. The money collected hereunder shall be paid to the village. Said money shall be placed in a trust fund which shall be known as village recreation fund. Monies within this reserve account shall be used and expended solely for the acquisition improvement, expansion or implementation of parks and recreational facilities of the village. Said monies, as they relate to fees paid for any given residential development, shall be used first for the purpose of providing park or recreational facilities reasonably related to serving the development by way of the purchase of necessary land; or if the village council deems that there is sufficient land available for that development, then, secondly, said monies shall be used for improving said land for park and recreational purposes. If both adequate land and improvements exist in the area, the monies may be spent to acquire or improve park and recreational facilities needed in the village.

(i)

Required on-site private open space/facilities for park and recreational purposes in multi-family residential developments. In multi-family residential developments (e.g., RMU, RV-6, RT-8, RM-9, RM-12, RM-14, and MXD), except those developments of less than three (3) units, fifty (50) percent of the land required to be dedicated to the village under section 26-75.4(g) shall be provided as on-site private open space/facilities for park and recreational purposes within the proposed development. No dedication of land or payment of fees in lieu thereof to the village for this fifty (50) percent on-site requirement shall be permitted. Credit for the fifty (50) percent on-site requirement may be granted in accordance with section 26-75.4(h). The remaining fifty (50) percent of land to be dedicated to the village under section 26-75.4(g) shall either be dedicated or paid for by fees in lieu thereof in accordance with section 26-75.4(h).

(j)

Variances. No variances to this section shall be permitted.

(k)

Appeals.

(1)

Appeal from village council action. Any person, firm or corporation claiming to be injured or aggrieved by final action of the village council under this section may present to the Circuit Court of Palm Beach County a petition for writ of certiorari to review such final action, as provided for under the Florida Rules of Appellate Procedure. Such petition shall be presented to the court within thirty (30) days after the date of such final action by the village council. Final action shall not include any recommendations made by the planning and zoning commission to the village council.

(2)

Appeal from planning and zoning director action. Any person, firm or corporation claiming to be injured or aggrieved by action of the planning and zoning director under this section may appeal such action to the planning and zoning commission. Appeals must be submitted in writing to the village clerk within ten (10) days of the director's decision. The planning and zoning commission will then convene a hearing in order to make a final determination. An appeal of the planning and zoning commission's final determination may be made to the Circuit Court of Palm Beach County by petition for writ of certiorari, as provided for under the Florida Rules of Appellate Procedure. Such petition shall be presented to the court within thirty (30) days after the date of such final action by the planning and zoning commission.

(l)

Commencement of development. At the time of site plan approval or issuance of building permits, the village council or planning and zoning director, as applicable, shall specify when development of the park or recreational facilities shall be commenced.

(Ord. No. 952, § 1, 7-6-17; Ord. No. 1000, § 1, 1-16-20)

(a)

Purpose. The village council has determined that art, which may include architectural enhancement, should be planned as an integral part of the village. The mission of this chapter is to enhance the quality of the visual environment in the village; and in so doing add to the quality of life and raise the level of citizen awareness of the importance of aesthetic experiences in their everyday lives. The principal goals of this section are:

(1)

To increase public access to art and the aesthetically designed environment, and to promote understanding and awareness of the visual arts in the public environment;

(2)

To contribute to the civic pride and economic development of the village;

(3)

To enhance the climate for artistic creativity in the village; and

(4)

To enrich the public environment for both residents and visitors to the area through incorporation of the visual arts.

(b)

Administration. The planning and zoning director, or designee, shall administer the requirements of this section.

(c)

Applicability. This section shall apply to all village capital projects, and all large-scale commercial/industrial developments subject to the requirements of section 26-73 of Village Code.

(d)

Definitions. For the purpose of this chapter, the words and phrases listed below shall have the following definitions:

Architectural enhancement shall mean the physical result of the application of skill and taste according to aesthetic principles to the architectural embellishment of a building, or the placement of artwork in the interior or exterior spaces of the building.

Art or artwork shall mean tangible creations by artists which include all forms of the visual arts conceived in any medium, material or combination thereof, including, but not limited to, paintings; sculptures, engravings, carvings; frescoes; stained glass; mosaics; mobiles; tapestries; murals; photographs; bas-relief; high relief; fountains; kinetics; collages; drawings; monuments; or artist designed architectural enhancements. All public art components shall meet the Florida Building Code and all wind load specifications. The following shall not be considered art for purposes of this section:

1.

Reproductions or unlimited copies of original pieces of art;

2.

Directional elements such as signage;

3.

Objects which are mass-produced or of standard design such as playground equipment, fountains, or statuary objects;

4.

Works that are decorative, ornamental or functional elements designed by the project architect as opposed to an artist commissioned for this purpose, except when such elements serve as a unique, integral design aspect of a building or structure and are in addition to any other village design standards and requirements; or

5.

Lighting, landscape architecture and landscape gardening. Although these items do not count toward the public art requirements of this section, developers are encouraged to use lighting, landscape architecture and landscape gardening to enhance artwork installed within their projects.

Artist shall mean a practitioner exhibiting the highest quality of skill and aesthetic principles in the visual arts, generally recognized by critics and peers as a professional of serious intent and ability. Indications of a person's status as an artist include, but are not limited to, income realized through the sole commission of art, frequent or consistent art exhibitions, placement of art in public institutions or museums, receipt of honors and awards in the arts, or training in the arts.

Durable shall mean lasting, enduring and highly resistant to deterioration due to weather or the passage of time.

Life cycle shall mean the natural deterioration time period for an artwork. Art created under this section is required to be durable and shall have a life cycle of at least twenty-five (25) years. Art reaches the end of its life cycle when the artist, the artist's estate, or a qualified art conservator verifies that the art has deteriorated such that the art cannot reasonably be maintained, conserved or repaired.

Private development shall mean any commercial or industrial project subject to section 26-73 of the village Code, which includes, but is not limited to, initial construction projects and renovations.

Public art advisory board shall mean the planning and zoning commission.

Public places shall mean village-owned parks, buildings and lands with high visibility and/or heavy pedestrian traffic, or privately-owned property with high visibility and/or levels of pedestrian traffic that is consistently and constantly open to the public.

Renovations shall mean any change to the facade of a structure, any change to the interior of a structure, any increase or decrease in the floor area of a structure, or any change to exterior improvements.

Signs of graphic or artistic value shall mean artistic images or works which otherwise meet the standards for art in public places, but contain a commercial sponsorship message, defined as text or logos representing the name, trademark, servicemark, products or businesses of the property owner, tenant, business or sponsor. Signs of graphic or artistic value shall not satisfy the art in public places requirements under this section.

Vertical construction cost shall mean the total value of the construction of, or reconstruction work on vertical structures. Costs such as those for land acquisition, architectural design and consultants are not vertical construction costs.

Vertical structure shall mean a combination of any materials, whether fixed or portable, forming a construction, including buildings. The word structure shall be constructed as though followed by the words "or part or parts thereof."

Village capital project shall mean any vertical construction project, including renovations, paid for wholly or in part by the village or paid for with monies granted to the village by other governmental agencies; including but not limited to any project to construct or remodel a building, parking facility or any portion thereof within the village limits.

(e)

Private developments.

(1)

Art in public places requirement. Private developments shall be required to include an amount for art in public places, which shall be an amount for the purchase of permanent artwork equal to one (1) percent of the total vertical construction costs of all buildings on a project site (the "public art requirement"). The total vertical construction costs used to determine the public art requirement shall be based on certified costs estimates provided by the developer to the village. Total vertical construction costs for a project shall not be artificially divided to circumvent the public art requirement. The public art requirement for renovation of an existing building shall be calculated based on the total vertical construction costs of the renovation only and shall exclude the assessed value of the existing building. The village shall not give credit toward the public art requirement for donated artwork or temporary installations. Artwork shall be located in public places, and may be integral parts of the building, situated within or outside of the building, may be located in or near facilities which already have been constructed, or may be located in other public places where numbers of people may experience them. The public art requirement shall not apply in the following circumstances:

a.

The public art requirement is calculated to be less than twenty-five thousand dollars ($25,000.00) for the entire development;

b.

The public art requirement shall apply only to the first twenty-five million dollars ($25,000,000.00) for any single project, which has a total vertical construction cost exceeding twenty-five million dollars ($25,000,000.00);

c.

The full or partial reconstruction of a structure which has been damaged by fire, flood, wind or other act of God; or

d.

The full or partial renovation of a structure in order to install fire sprinklers or improvements required by the Americans with Disabilities Act.

(2)

Procedures.

a.

Development approvals required. The location(s) of all artwork constituting the public art requirement for a project shall receive site plan approval by the village council, upon recommendation from the public art advisory board, prior to installation. Additionally, the design and features of all artwork constituting the public art requirement for a project shall receive architectural and aesthetic approval by the village council, upon recommendation from the public art advisory board, prior to installation. Architectural and aesthetic approval may run concurrently with site plan approval.

b.

Shopping centers and planned developments. All buildings within a shopping center, or the commercial and/or industrial components of a planned development shall be assessed cumulatively towards the art in public places requirements, even if they are permitted separately or phased separately.

c.

Phased developments. A phased development refers to a project which is being developed in phases, which phases are part of but collectively make up the whole development shown on the master plan or site plan.

1.

Phased development that is not part of a shopping center or planned development. The public art requirement shall be imposed at the time of site plan approval for the entire development, and may be amended as necessary through subsequent site plan modification approvals. The location of artwork constituting the public art requirement shall be identified on the site plan as part of a particular phase. Unless an alternative deadline is established in a development order, or a time extension is granted by the village council, no certificate of occupancy for the phase in which the artwork constituting the public art requirement is located shall be issued until the artwork is installed in accordance with applicable development orders and permits.

2.

Phased development that is part of a shopping center or planned development. All shopping centers and planned developments shall be required to have master plan approval by the village council, upon recommendation from the public art advisory board. The master developer shall be required to identify the location(s) for artwork that will satisfy the public art requirement for the shopping center or planned development on the master plan. Such location(s) shall be common property owned by a commercial owners association or property owners association. The public art requirement shall be imposed on each parcel within the development at the time of site plan approval for that parcel, even if the individual parcel's public art requirement is calculated to be less than twenty-five thousand dollars ($25,000.00), unless the two hundred fifty thousand dollars ($250,000.00) public art cap for the entire shopping center or planned development already has been satisfied through previous development approvals. The location(s) of artwork as shown on the master plan, and any public art requirement imposed pursuant to site plan approval may be amended as necessary through subsequent approvals. Prior to building permit issuance for a particular parcel within the shopping center or planned development, the parcel owner or developer of said parcel shall provide a bond, letter of credit or cash payment to the commercial owners association or property owners association for the shopping center or planned development in an amount equal to that parcel's allotted public art requirement. If a bond or letter of credit is used, that bond or letter of credit shall be payable to the association. The bond, letter of credit or cash payment shall be held by the association in escrow until such time as the last undeveloped parcel in the shopping center or planned development receives its building permit from the village, or the escrow account reaches the two hundred fifty thousand dollars ($250,000.00) public art cap, whichever occurs earlier. At such time the last undeveloped parcel receives its building permit, or the escrow account reaches the two hundred fifty thousand dollars ($250,000.00) public art cap, whichever occurs earlier, the association shall pursue all development approvals and permits required to install the artwork at the predetermined location(s) on the master plan, and install the artwork. Once the association is required to install artwork pursuant to this section, no certificate of occupancy shall be issued for any structure in the shopping center or planned development until such artwork is installed in accordance with applicable development orders and permits, unless an alternative deadline is established in a development order or a time extension is granted by the village council.

d.

Non-phased developments. A non-phased development refers to a project which is being developed in a single phase as depicted on the site plan. For non-phased developments, the public art requirement shall be imposed at the time of site plan approval for the entire development, and may be amended as necessary through subsequent site plan modification approvals. The location of artwork constituting the public art requirement shall be identified on the site plan. Unless an alternative deadline is established in a development order, or a time extension is granted by the village council, no certificate of occupancy for the project shall be issued until the artwork is installed in accordance with applicable development orders and permits.

e.

Renovations.

1.

Exterior renovations. The public art requirement for exterior renovations, with or without accompanying interior renovations, shall be imposed at the time of site plan modification and/or architectural approval for the renovation as applicable. Unless an alternative deadline is established in a development order, or a time extension is granted by the village council, no certificate of occupancy for the project shall be issued until the artwork is installed in accordance with applicable development orders and permits.

2.

Interior renovations only. The public art requirement for interior renovations, which do not accompany exterior renovations, shall be imposed by the building official at the time of building permit issuance. The building official shall require that certified cost estimates for the interior renovation be provided to the village prior to the issuance of a building permit in order to calculate and impose the public art requirement for the project. The location of any public artwork required to be provided, and the design and features of such artwork shall receive site plan and architectural and aesthetic approvals in accordance with this section prior to installation. Unless an alternative deadline is established in a development order, or a time extension is granted by the village council, no certificate of occupancy for the project shall be issued until the artwork is installed in accordance with applicable development orders and permits.

f.

Application requirements. The applicant shall provide all information required by section 26-32 for site plan and architectural and aesthetic reviews, and in addition, shall provide the information described below and any additional information requested by the planning and zoning department necessary to calculate the public art requirement, and to review the location, design and features of artwork pursuant to the standards of this section:

1.

Justification statement. The application for site plan and/or architectural and aesthetic review shall include a written justification statement outlining the calculation of the public art requirement, the proposed location of the artwork constituting the public art for the site, and the design and features of such artwork. The justification statement shall address, at a minimum, the criteria outlined in subsection (h) below, which will be considered by the public art advisory board in making its recommendations to the village council, and the village council when making its final decision to grant, deny or grant with conditions the proposed location and selection of artwork.

2.

Certified cost estimates. The applicant shall provide certified cost estimates for the total vertical construction costs for the project. The village shall verify the certified costs estimates for the total vertical construction costs of a project by comparison to the most recent version of the ICC Building Valuation Data.

3.

Artist information. Portfolio containing photographs of the proposed artist's work, exhibition and sales history, and biography.

4.

Contract for artist commission, or contract for purchase of existing artwork, and other eligible costs. The selection and commissions of artists, or the purchase of existing artwork, shall be made by written contract between the developer and artists. Such contracts shall be provided to the village as part of the application in order for the village to verify the purchase price of artwork. The selection of artists by a developer shall comply with the criteria contained in subsection (h) below. Additionally, the developer shall provide the village with documentation showing other eligible costs proposed to meet the public art requirement.

5.

Miscellaneous plans, renderings and details. Artist's color renderings and/or photographs of proposed artwork; materials sample board; site plan depicting the proposed location of the artwork; landscape plan, if applicable, depicting additional landscaping or modifications to existing landscaping; architectural elevations, if applicable, depicting structures associated with the artwork; lighting location plan and light fixture details; and other information requested by the planning and zoning department. All submittals shall be required to provide an accurate representation of the proposed artwork.

g.

Review by the public art advisory board and village council. All projects subject to the requirements of this section shall have the location and selection of proposed artwork reviewed by the public art advisory board and the village council. Upon certification by the planning and zoning director of a site plan and/or architectural and aesthetic review application, the public art advisory board shall hold a public hearing and act upon the application for the location and/or selection of the artwork, and recommend to the village council: approval, approval with changes and/or conditions, or denial of the application, as is appropriate for that application. A public hearing on said application shall then be held by the village council. The village council shall deny the application; approve the application; approve the application with conditions; continue consideration of the application; or return the application to the technical staff or the public art advisory board for further deliberation and recommendations, as is appropriate for that application. The village council shall have final approval authority over the location and selection of all artwork pursuant to this section. The public art advisory board and the village council shall consider the criteria contained in subsection (h) below in reviewing proposals for the location and selection of artwork.

(3)

Eligible costs. The following costs/expenses may be used to satisfy the public art requirement for a project site, and shall be delineated in contracts and/or other documentation provided to the village as part of the application process:

a.

Structures, which enable the display of artwork.

b.

Artists' budgets for projects, which will be expected to cover:

1.

Professional fees for the artist(s).

2.

Labor of assistances, materials, and contracted services required of the production and installation of the artwork.

3.

Any required permit.

4.

Legal costs directly related to the acquiring and installation of the artwork.

5.

Studio and operating costs.

6.

Travel expenses of the artist for site visitation and research.

7.

Transportation of the artwork to the site.

8.

Installation of the completed work of art.

9.

Art consultant fees. The developer may utilize up to ten (10) percent of the required funds held in escrow to retain an art consultant to assist in the selection and procurement of required artwork. The art consultant shall have no financial relationship with the artist, nor any ownership in artwork purchased by the developer. The artist shall be allowed to act as the art consultant for the art petition, but shall be precluded from receiving the art consultant fee.

10.

Any other costs directly related to the artwork as approved by the village planning and zoning director, or designee, in their sole and absolute discretion, but shall not include, any services or utilities necessary to power, operate or maintain the artwork over time.

(4)

Ownership and maintenance of artwork. Except for shopping centers and planned developments, artwork installed pursuant to the requirements of this section shall be owned by the property owner of the land where the artwork is located, and shall be insured and maintained in good condition at all times by that owner in accordance with Village Code. For shopping centers and planned developments, artwork installed pursuant to the requirements of this section shall be located upon common property owned by a commercial owners association or property owners association, shall be conveyed to and owned by such association prior to a certificate of occupancy being issued for the project or the particular phase of the project where the artwork is located, and shall be insured and maintained in good condition at all times by the association upon conveyance in accordance with Village Code. Only commercial or industrial owners within a planned development, and not residential owners, shall pay costs, expenses or assessments toward the association's insurance or maintenance of artwork installed pursuant to the requirements of this section. Maintenance of artwork pursuant to this section shall include any associated landscaping, lighting or related improvements that are part of the architectural and aesthetic approval. The public art requirement shall remain the obligation of the owner of the particular property or association, as applicable, and their successors and assigns, for the life of the certificate of occupancy. An association shall not assign or transfer its rights, title, interests or obligations in artwork installed pursuant to the requirements of this section, or to the land upon which such artwork is located, without the prior written approval of the village council. Additionally, artwork installed in accordance with this section cannot be altered, replaced or removed from the site without approval of the village council.

(5)

Rights of publicity. The artist of approved artwork shall grant to the village an unlimited, perpetual, non-exclusive, royalty-free, irrevocable license to reproduce and distribute two-dimensional reproductions of the artwork for village-related purposes, and grant to the village the exclusive irrevocable ownership rights in any trademark, service mark, or trade dress rights regarding the artwork, pursuant to a license that shall be approved by the village attorney. Village approval of the artwork shall be deemed to be a grant of the artist for authorization by third parties to review and reproduce documents provided by the artist to the village which are deemed to be public records pursuant to public record laws of the state. The village shall also have the option of referring to the name and title of the artist and artwork in reproductions.

(6)

Variances. No variances to the requirements of this section shall be granted.

(7)

Violations and penalties. Violations of the provisions of this section, or of any or all conditions of approval imposed by the village council on said application may subject the applicant, owner, his agent, lessee, tenant, contractor or any person using the building, structure, land, property or premises to the penalties outlined in sections 26-29—26-31.

(f)

Village capital projects.

(1)

Art in public places requirement. Village capital projects shall be required to include an amount for art in public places, which shall be an amount for the purchase of permanent artwork, or the renewal and replacement of existing artwork, equal to one (1) percent of the total vertical construction costs of all buildings on a project site (the "public art requirement"). The total vertical construction costs used to determine the public art requirement shall be based on certified costs estimates using the most recent version of the ICC Building Valuation Data. The public art requirement for renovation of an existing capital facility shall be calculated based on the total vertical construction costs of the renovation only and shall exclude the assessed value of the existing facility. No credit shall be given toward the public art requirement for donated artwork or temporary installations. The public art requirement shall not apply in the following circumstances:

a.

Such expenditure for art is not legally permissible given specific funding sources such as grant funds. If the source of funding or other appropriate law with respect to any particular project precludes art as an object of expenditure of funds, then the amount of funds so restricted shall be excluded from the aforesaid calculation;

b.

The village council finds that the location of the artwork for a capital facility is inappropriate for the particular project or site, that is serves a public purpose to locate such art objects or improvements elsewhere, and that it is an appropriate use of those particular funds at the alternative location;

c.

The cost of art encumbered from village capital facility budgets shall not exceed one hundred thousand dollars ($100,000.00), exclusive of donated or loaned art, per public facility. The one hundred thousand dollars ($100,000.00) cap is not intended to limit total art allocation, but only to limit the amount that can be allocated from each individual public facility;

d.

The full or partial reconstruction of a structure which has been damaged by fire, flood, wind or other act of God; or

e.

The full or partial renovation of a structure in order to install fire sprinklers or improvements required pursuant to the Americans with Disabilities Act.

(2)

Procedures.

a.

Procurement of artists and artwork. The village may select artists and artwork through the following processes:

1.

Open call to artists or limited invitational. The village may issue an open call to artists, or a call to a limited number of artists, to procure a work or works of art. A selection committee will review the submitted proposals and shall select at least two (2) finalists for consideration by the village council. The selection and commission of the artist and artwork shall be by written contract between the village and the artist. Final decision-making authority regarding the artwork and artist shall be at the sole discretion of the village council;

2.

Invitation (sole source procurement). The village may invite one (1) artist to submit materials for review, and may be commissioned to create a detailed proposal for village council review. The selection and commission of the artist and artwork shall be by written contract between the village and the artist. Final decision-making authority regarding the artwork and artist shall be at the sole discretion of the village council; or

3.

Direct purchase. An existing work of art is purchased for a specific project in accordance with the purchasing guidelines of village code.

4.

Selection criteria. The village's selection of artists and artwork shall comply with the criteria contained in subsection (h) below.

b.

Development approvals required. The location(s) of all artwork constituting the public art requirement for a project shall receive site plan approval by the village council, upon recommendation from the public art advisory board, prior to installation. Additionally, the design and features of all artwork constituting the public art requirement for a project shall receive architectural and aesthetic approval by the village council prior to installation. Architectural and aesthetic approval may run concurrently with site plan approval, and further may run concurrently with the selection of artwork pursuant to subsection (2)a. above.

c.

Review by the public art advisory board and village council. In reviewing the location of proposed artwork, the public art advisory board shall hold a public hearing and recommend to the village council: approval, approval with changes and/or conditions, or denial of the application, as is appropriate for that application. The public art advisory board shall consider the criteria contained in subsection (h) below in reviewing proposals for the location of artwork. In reviewing both the location of proposed artwork, and the design and features of said artwork, the village council shall hold a public hearing and shall deny the application; approve the application; approve the application with conditions; continue consideration of the application; or return the application to the technical staff or the public art advisory board for further deliberation and recommendations, as is appropriate for that application. The village council shall consider the criteria contained in subsection (h) below in reviewing proposals for the location and selection of artwork. The village council shall have final approval authority over the location and selection of all artwork pursuant to this section.

(3)

Contracts or purchase orders for artwork. The selection and commissions of artists, or the purchase of existing artwork, shall be made by written contract or purchase order between the village and artists as required by the village purchasing guidelines.

(4)

Use of purchased art. All artwork purchased by the village pursuant to this section shall be displayed on village-owned land, or village-owned buildings. Artwork shall be located in public places, and may be integral parts of the building, situated within or outside of the building, may be located in or near village facilities which already have been constructed, or may be located in other public places where numbers of people may experience them.

(5)

Eligible costs. The following eligible costs/expenses may be paid with the public art requirement funds held by the village:

a.

Structures, which enable the display of artwork.

b.

Artists' budgets for projects, which will be expected to cover:

1.

Professional fees for the artist(s).

2.

Labor of assistances, materials, and contracted services required of the production and installation of the artwork.

3.

Any required permit.

4.

Legal costs directly related to the acquiring and installation of the artwork.

5.

Studio and operating costs.

6.

Travel expenses of the artist for site visitation and research.

7.

Transportation of the artwork to the site.

8.

Installation of the completed work of art.

9.

Art consultant fees. The village may utilize up to ten (10) percent of the required funds to retain an art consultant to assist in the selection and procurement of required artwork. The art consultant shall have no financial relationship with the artist, nor any ownership in artwork purchased by the developer. The artist shall be allowed to act as the art consultant for the art petition, but shall be precluded from receiving the art consultant fee.

10.

Any other costs directly related to the artwork as approved by the village planning and zoning director, or designee, in their sole and absolute discretion, but shall not include, any services or utilities necessary to power, operate or maintain the artwork over time.

(6)

Ownership of artwork. Artwork purchased and installed pursuant to the requirements of this section shall belong to the village. Artwork installed in accordance with this section cannot be altered, replaced or removed from the site without approval of the village council.

(7)

Rights of publicity. The artist of approved artwork shall grant to the village an unlimited, perpetual, non-exclusive, royalty-free, irrevocable license to reproduce and distribute two-dimensional reproductions of the artwork for village-related purposes, and grant to the village the exclusive irrevocable ownership rights in any trademark, service mark, or trade dress rights regarding the artwork, pursuant to a license that shall be approved by the village attorney. Village approval of the artwork shall be deemed to be a grant of the artist for authorization by third parties to review and reproduce documents provided by the artist to the village which are deemed to be public records pursuant to public record laws of the state. The village shall also have the option of referring to the name and title of the artist and artwork in reproductions.

(8)

Donated or loaned art to the village. Artwork donated or loaned to the village shall be accepted for installation only upon approval of the village council, after recommendation from the public art advisory board. Donated or loaned art shall meet the requirements of subsection (h) below.

(g)

Artist and artwork selection criteria.

(1)

Selection criteria for artists. The developer and the village shall consider the following criteria in selecting artists for public or private projects:

a.

The aesthetic and technical quality and originality of the artist's previous work as evidenced by photos and other supporting materials;

b.

The artist's previous experience with public art projects of a similar scale and scope;

c.

The artist's demonstrated ability to execute and complete a project in a timely and professional manner;

d.

The artist's ability to communicate ideas verbally and visually, and work effectively in a team environment; and

e.

The appropriateness of the artist's proposal to the particular project and its probability of successful completion.

(2)

Selection criteria for artwork. The developer and the village shall consider the following criteria in selecting the location and design of artwork for public or private projects:

a.

Location. Artwork shall be located in areas where residents and visitors live, work or congregate and shall be highly visible and accessible in order for the public to receive the most enjoyment and benefit from the art;

b.

Integration of design. Artwork shall be integrated into the overall planning and design for a structure or project, and shall be compatible with the intent and purpose of the structure at which the work or works are located. Additionally, artwork shall be integrated into the overall landscaping plan, and landscaping shall be utilized to enhance the visibility of such works;

c.

Lighting. Artwork shall be lighted at a minimum from dusk until midnight. The lighting shall be designed and located in order to prevent excessive lighting, energy waste, glare, light trespass, and sky glow. Lighting of artwork shall be approved by the village council as part of the art in public places approval;

d.

Creativity. Artwork shall demonstrate originality, artistic excellence, and quality;

e.

Media and style. All visual forms and media, and artwork of all schools, styles and tastes may be considered;

f.

Response to site. Artwork and art places should be appropriate in scale, material, form, content, and value for the immediate, general, social and physical environments with which they are to relate;

g.

Durability. Consideration should be given to structural and surface integrity, permanence, protection against theft, vandalism, weathering, excessive maintenance, and repair costs;

h.

Elements of design. Consideration should be given that public art, in addition to meeting aesthetic requirements contained herein and in section 2-75.28, may also serve to establish focal points, terminate areas, modify, enhance, or define specific spaces or establish identity;

i.

Safety. Artwork and art places shall not create unsafe conditions or harm the public health, safety and welfare;

j.

Diversity. The village shall strive for diversity of style, scale, media, artists, community values, and forms of expression;

k.

Commercial content. Artwork shall not include an advertisement or be commercial in nature. Artwork shall not contain copy, lettering, symbols or references directly to the promotion of any product, business, brand, organization, service, trademark or servicemark. Additionally, in no event shall the name of a sponsor, a sponsor product likeness, or the artist's signature individually comprise more than one (1) percent of the artwork area.

l.

Obscene and indecent content. Artwork shall not depict the consumption of alcoholic beverages or tobacco products; shall not depict any form of profanity, obscenity, nudity, or sexually-oriented activities; shall not depict the use of firearms, explosives, or other weapons, shall not depict the glorification of violent acts; and shall not depict illegal products or activities; and

m.

Traditions. Wherever possible, artwork shall show sensitivity to the aesthetic and cultural traditions of the Village of Royal Palm Beach, to its history and to the environmental and geographic characteristics that make it unique.

(Ord. No. 978, § 1, 10-4-18)

(a)

Purpose. These provisions are intended to regulate permitted construction to promote maximum safety of aircraft arriving and departing from the publicly-owned airports within proximity to the village; to promote the maximum safety of residents and property in areas surrounding the county's airports; to promote the full utility of the county's airports; to provide structure height standards for airport hazards and uses within airport primary, horizontal, conical, approach and transitional surfaces so as to encourage and promote compatible development of land beneath said areas; and to provide administrative procedures for the efficient and uniform regulation of all development proposals within said zones.

(b)

County ordinance adopted by reference; definition of terms.

(1)

Except as provided in this subdivision, and in addition to any other requirements of village code, the Palm Beach County "Airport Zoning Ordinance" contained in its Unified Land Development Code at article 16, Airport Regulations, as adopted by Ordinance No. 2017-025 and amended by Ordinance No. 2019-005, and as further amended from time to time, is hereby incorporated by reference.

(2)

For the purposes of this subdivision, the terms defined in the county airport zoning ordinance shall have the meaning given therein, except the following terms shall have the meaning given in this subdivision:

DOA means the Palm Beach County Department of Airports.

FDOT means the Florida Department of Transportation.

ULDC means the Palm Beach County Unified Land Development Code.

(c)

Village requirements and administration.

(1)

The village and the county have entered into an interlocal agreement, pursuant to F.S. chs. 163 and 333 for coordinated administration and enforcement of airport zoning regulations to prevent encroachment into airport operational areas or airspace surfaces.

(2)

All new construction, reconstruction or land alteration that adds height to any obstruction within areas shown on the "Airspace Notification Map", appendix 1 of the county ULDC, shall be reviewed for compliance with the standards of the county airport zoning ordinance. Airspace Height Review Procedures outlined in ULDC article 16.B.1.H are replaced with standard village development review and approval processes, and permitting requirements.

a.

No permit for obstruction will be issued if all FAA, county DOA, and FDOT comments are not addressed to the satisfaction of the village engineer. No development permit application shall be issued if the proposed construction or alteration exceeds an obstruction standard of the Federal Aviation Regulations, Part 77, or other applicable federal or state rules or regulations.

b.

An application for the construction, reconstruction or alteration of any obstruction must be reviewed in accordance with the site plan review procedures contained in the village code prior to issuance of a building permit for a permanent or temporary obstruction located within area regulation by this subdivision, and shall require the FAA finding of aeronautical affect. The village engineer, with input from the county DOA and FDOT, may recommend approval of a development application with or without conditions of approval, including obstruction lighting and marking conditions, or recommend issuance or denial of a building permit. Denial of a proposed obstruction shall state the reasons for denial and inform the applicant that they may appeal the decision pursuant to paragraph (6) below.

(3)

No use may be made of land or water within a runway protection zone (RPZ) in such manner as to interfere with the operation of an airborne aircraft. Review procedures outlined in ULDC article 16.C.1 are replaced with standard village development review and approval processes, and permitting requirements. The off-airport land use compatibility schedule, appendix 8 of the county ULDC, shall be used to determine additional land development requirements for permitted or special exception uses identified in chapter 26 of village code. All areas defined as an RPZ or airport land use noise zone (ALUNZ) or "zone 3" are subject to review and technical analysis by the village and county DOA, in accordance with the regulations for RPZ, ALUNZ, zone 3, and village code. Prior to approval of a site plan, special exception use, or building permit, the village engineer and county DOA shall review the application for compliance with RPZ, ALUNZ and zone 3 standards.

(4)

The village engineer shall administer the review of development applications and building permits for compliance with the county airport zoning regulations within the municipal limits, in consultation with county DOA and FDOT, as applicable, and pursuant to the procedures outlined in the interlocal agreement.

(5)

Failure to comply with the requirements of this section or any permit or approval granted or authorized hereunder shall constitute a violation of this code. The village may issue a cease and desist order, suspend or revoke a permit or other approval, withhold a certificate of occupancy, bring a code enforcement action against the violator in accordance with F.S. ch. 162, and Chapter 2 of the village code, or pursue any other remedy available at law or in equity including, but not limited to, injunctive relief in order to fully enforce the provisions of this section.

(6)

Appeals. Any person, firm, corporation or entity claiming to be injured or aggrieved by action of the village engineer under this section may appeal such action to the planning and zoning commission. Appeals must be submitted in writing to the village clerk within ten (10) days of the village engineer's decision. The planning and zoning commission will then convene a hearing in order to make a final determination. Per F.S. ch. 333, an appeal of the planning and zoning commission's final determination may be made to the Circuit Court of Palm Beach County by petition for writ of certiorari, as provided for under the Florida Rules of Appellate Procedure. Such petition shall be presented to the court within thirty (30) days after the date of such final action by the planning and zoning commission. The village may assess a reasonable fee for the preparation of the record to be paid by the petitioner in accordance with F.S. § 119.07, as amended from time to time.

(7)

Uses and structures nonconforming to the county airport zoning ordinance shall be administered in accordance with chapter 26 of village code.

(8)

Variances may not be granted from the county airport zoning ordinance, pursuant to F.S. ch. 333.

(Ord. No. 980, § 1, 3-17-22)

(a)

Legislative intent. It is the intent of the village council to provide for the public health, safety and welfare by establishing minimum standards for the use, placement, site development, and construction of integrated care centers within the village.

(b)

Supplemental land use regulations.

(1)

In general. An integrated care center must be approved by the Agency for Health Care Administration (AHCA) pursuant to F.S. § 395.0162.

(2)

No overnight patient stays. Pursuant to AHCA regulations, patient stays are limited to no more than twenty-three (23) hours.

(3)

Size.

a.

Minimum parcel size for an integrated care center shall be two and one half (2½) acres;

b.

Minimum building size for the integrated care center use shall be thirty-five thousand (35,000) square feet; and

c.

No variances or waivers from the provisions of section 26-75.7(b)(2) shall be permitted.

(4)

Setback. The building line of the integrated care center shall be setback a minimum of one-hundred (100) feet from a residential structure.

(5)

Miscellaneous requirements.

a.

Emergency fleet vehicles are not permitted to occupy required parking spaces.

b.

Orientation of emergency vehicle pick-up and drop-off shall not face any abutting residentially-zoned property.

c.

Emergency vehicle sirens shall be prohibited while on site.

(6)

Submittal requirements. In addition to the application requirements for special exceptions as set forth at section 26-32(f)(4) of the Village Code of Ordinances, the following submittal requirements must be met:

a.

Information required for site plan review pursuant to section 26-32(f)(5); and

b.

A summary and delineation of emergency vehicle traffic circulation onsite.

(Ord. No. 1043, § 2, 3-21-24)

(a)

Legislativeintent. It is the intent of the village council to provide for the public health, safety, and welfare by establishing supplemental standards for the use, site development, construction, and placement of veterinary oncology centers, without overnight stays, within the Office Commercial (CO) zoning district of the village.

(b)

Applicability. This section shall apply to veterinary oncology centers located within the Office Commercial (CO) zoning district.

(c)

Supplemental use regulations.

1.

At the time of application for the special exception, the building proposed to house the veterinary oncology center shall contain a radiation vault.

2.

Prior to issuance of a certificate of occupancy, the radiation vault shall be certified, as required by the Florida Department of Health, Bureau of Radiation Control.

3.

The office, veterinarian, or other employee shall be licensed or certified, as required by the Florida Department of Health, to operate the radiation equipment. Documentation shall be provided prior to issuance of a certificate of occupancy.

4.

The veterinarian shall be certified as a radiation oncologist by the American College of Veterinary Radiology, American College of Veterinary Internal Medicine, or an equivalent certifying organization.

5.

Services shall only be provided to domesticated animals, such as dogs, cats, birds, rodents, fish, turtles, or other animal that is kept for pleasure rather than for commercial purposes. The treatment of wild animals or farm animals/livestock, such as horses, cattle, sheep, goats or other animals ordinarily raised or used on a farm, shall be prohibited.

6.

All activities shall occur within an enclosed building. Outdoor activities, including but not limited to the provision of outdoor runs or exercise areas, or the walking of patients outside while under the care of the hospital or veterinarian, shall be prohibited.

7.

An indoor facility shall be provided for the purposes of allowing pets to go to the bathroom. Such facility shall be cleaned and sterilized, and pet waste properly disposed of, on a daily basis.

8.

The exterior of all buildings and structures shall be kept free of all unsanitary conditions. It shall be the responsibility of the owner/operator to keep the premises free of hazards which include but are not limited to the excretions of pets and other animals on paths, walks, driveways, parking lots and parking areas, and other parts of the premises which are accessible to or used by persons on the premises.

(Ord. No. 1052, § 2, 12-19-24)

(a)

Inside the facility there shall be a designated potty area where waste is collected, bagged, cleaned, and disposed of immediately.

(b)

Conduct routine checks to surrounding areas outside the facility to ensure the area is clear of any pet waste.

(Ord. No. 1064, § 2, 10-16-25)