Footnotes:

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Editor's note— Ord. No. 4213-09, § 6 (Exhibit A), adopted June 29, 2009, amended Art. IV in its entirety to read as herein set out. Former Art. IV, §§ 94-101—94-117, pertained to downtown West Palm Beach. See the Code Comparative Table for full derivation.

The downtown master plan (DMP) urban regulations implement the downtown master plan element of the comprehensive plan and govern the downtown master plan area. The intent of the DMP urban regulations is to create a sustainable downtown with an enhanced quality of life by creating a zoning code which is reflective of the downtown's 13 districts and their different characteristics.

These urban regulations enable flexible building design by encouraging a variety of uses, heights, and forms. The urban regulations describe maximum development allowances. The ability to maximize these allowances, however, may depend on a number of factors including but not limited to:

1. a.
   Other regulations of the Code of Ordinances.
2. b.
   The physical characteristics of any particular development site.

(Ord. No. 4213-09, § 6 (Exh. A), 6-29-2009)

1. a.
   DMP Zoning Atlas. The maps indicating the official boundaries of each of the (1) planning areas, (2) districts, (3) subdistricts, and (4) street designations constitute the DMP Zoning Atlas and are named as follows:

   1. 1.
      Figure 1 - DMP Planning area.
   2. 2.
      Figure 2 - DMP District.
   3. 3.
      Figure 3 - DMP Subdistricts.
   4. 4.
      Figure 4 - DMP Street Designation.
2. b.
   DMP urban regulations. The DMP urban regulations are organized according to five hierarchical groupings: (a) general development standards; (b) planning areas; (c) districts; (d) subdistricts; and (e) incentive regulations. In the event of a conflict, the most detailed regulation for the subdistrict shall take precedence.

   1. 1.
      General development standards. The general development standards are the requirements that apply to the entire DMP and include use requirements, site and building design requirements, definitions and minimum requirements, signage requirements, parking and loading requirements, and streetscape requirements, among others. All proposed developments shall comply with the requirements of the general development standards.
   2. 2.
      Planning areas. Planning areas are a subset of the DMP general development standards and provide more specific regulations for three overall categories under which regulations for the 13 districts reside. Refer to DMP Zoning Atlas Figure 1 - DMP Planning Area. These include:

      1. a.
         Urban core districts which function as the central core of the downtown.
      2. b.
         Special districts which are either protected or provide a transition in building scale among districts and require additional consideration.
      3. c.
         Residential enclaves which are the primary residential neighborhoods in the downtown.
   3. 3.
      Districts. Districts are a subset of each planning area and are defined through district regulations. Each district provides for a particular vision to create and reinforce the character of the area by describing the development characteristics, and along with the street designations and the building requirements, guide all proposed development. The district regulations define development characteristics and special requirements for the entire district. The different districts are depicted on the DMP Zoning Atlas Figure 2 — DMP Districts, and include:

      1. a.
         Urban core planning area.

         1. 1.
            CityPlace district (CPD).
         2. 2.
            Clearlake district (CLD).
         3. 3.
            Cultural arts district (CAD).
         4. 4.
            Quadrille business district (QBD).
         5. 5.
            Quadrille garden district (QGD).
         6. 6.
            Transit oriented development district (TOD).
      2. b.
         Special districts planning area.

         1. 1.
            Clematis waterfront district (CWD).
         2. 2.
            Flagler waterfront district (FWD).
         3. 3.
            North Railroad Avenue district (NoRA).
         4. 4.
            Loftin district (LD).
      3. c.
         Residential enclaves planning area.

         1. 1.
            Brelsford Park district (BPD).
         2. 2.
            Northwest neighborhood district (NWD).
         3. 3.
            Providencia Park district (PPD).
   4. 4.
      Subdistricts. The subdistricts are a subset of the districts and serve as the zoning designation for each property. They describe the maximum allowable development capacity for proposed developments. The naming convention for the subdistricts will indicate the district abbreviation and the subdistrict maximum height (for example QBD-10 represents the Quadrille business district and with a maximum height of ten stories). The residential subdistricts are designated with an "R" (for example NWD-R represents northwest district—residential) and do not include a maximum height in the naming convention. Urban open spaces are designated as "UOS". Refer to DMP Zoning Atlas Figure 3 - DMP Subdistricts and Figure 4 — DMP Street Designation.

      The development capacities are summarized in a building requirements table for each subdistrict which restricts buildings through a number of regulatory parameters including but not limited to, height, floor area ratio (FAR), setbacks, open space, and building footprint. These regulatory parameters shall delineate the envelope within which a building shall be designed to enable maximum creativity while maintaining a cohesive urban fabric.

      In those cases where uncertainty exists as to the boundaries of a subdistrict, the following rules shall apply:

      1. a.
         Boundaries are intended to follow the centerline of streets and alleys, or to follow the lot lines as they exist at the time of passage of these regulations, unless specifically shown otherwise.
      2. b.
         In the event of further uncertainty, the planning director shall determine the boundary location.

      Developments that include more than one subdistrict are permitted. The development capacity shall be calculated separately for each subdistrict portion of the development according to its respective FAR. The development capacity calculated for each subdistrict portion of the development then may be combined to determine the maximum capacity for the entire lot. The capacity may be utilized anywhere within the development, however, building envelope requirements for each subdistrict portion of the development shall be maintained. See Figure IV-1.

      FIGURE IV-1: CALCULATION OF DEVELOPMENT CAPACITY FOR PARCELS WITH MULTIPLE SUBDISTRICT DESIGNATIONS

      FIGURE IV-1: CALCULATION OF DEVELOPMENT CAPACITY FOR PARCELS WITH MULTIPLE SUBDISTRICT DESIGNATIONS

      FIGURE IV-1: CALCULATION OF DEVELOPMENT CAPACITY FOR PARCELS WITH MULTIPLE SUBDISTRICT DESIGNATIONS

      FIGURE IV-1: CALCULATION OF DEVELOPMENT CAPACITY FOR PARCELS WITH MULTIPLE SUBDISTRICT DESIGNATIONS

1.   
   5. 5.
      Incentive regulations. The incentive regulations provide additional development capacity for particular areas promoting a variety of public benefits such as historic preservation, creation of urban open space, office uses, and affordable housing. Projects participating in an incentive program shall comply with all of the requirements of the DMP urban regulations unless specifically stated by the program. Incentive building requirements tables (Tables IV-41 through IV-53) are provided for each subdistrict subject to incentives and shall supersede the base building requirements tables.

(Ord. No. 4213-09, § 6 (Exh. A), 6-29-2009; Ord. No. 4986-21, § 4 (Exh. A), 02-07-2022)

1. a.
   The design of buildings within the DMP area shall be regulated and approved in accordance with the provisions of this article and the official DMP Zoning Atlas as amended from time to time.
2. b.
   The historic preservation ordinance which describes how to protect and preserve historic structures, as adopted and amended, shall prevail over the DMP urban regulations whenever a conflict exists.
3. c.
   The provisions of the DMP urban regulations, when in conflict with other zoning and land development regulations within this chapter, shall take precedence over the zoning and land development regulations.
4. d.
   The provisions of the Florida Building Code, when in conflict, shall take precedence over the provisions of the DMP urban regulations.
5. e.
   For existing planned developments (PDs) and developments of regional impact (DRIs) within the DMP area, the regulations applicable to PDs and DRIs shall take precedence. Where specific regulations are not addressed in the PD or DRI regulations, the DMP urban regulations shall govern.
6. f.
   Any interlocal agreement or settlement agreement regarding land use regulations authorized by the city commission prior to the effective date of these regulations shall take precedence over any conflicting provisions in the urban regulations.

(Ord. No. 4213-09 § 6 (Exh. A), 6-29-2009)

1. a.
   Existing buildings and uses within the DMP area which were legally established but do not conform to provisions of the urban regulations as of the effective date of these regulations shall be considered nonconforming, may not be replaced, restored or modified, except in conformity with the urban regulations, and shall follow the regulations for nonconformities contained in ARTICLE XVI of this chapter. When a nonconforming structure is destroyed by windstorm, flood, fire, or natural disaster, it may be replaced by a new structure of the same or lesser size, and reoccupied by the same use, if construction of such structure is commenced within 18 months of destruction.  The owner of a public facility destroyed by windstorm, flood, fire, or other natural disaster may apply for a building permit for reconstruction so long as it is submitted to the Building Division within eighteen (18) months after the date of destruction, with the right to obtain a six (6) month administrative time extension from the Planning and Zoning Administrator.
2. b.
   Proposed developments with site plans approved under the 1994 DMP shall commence construction within 18 months following the date of site plan approval. If commencement of construction does not occur during such 18-month period, the site plan approval shall automatically expire without further action by the city. A one-time six-month extension to commence construction may be granted by the planning director provided there is progress on building permit approval, as demonstrated by the building permit activity. An application for a site plan extension shall be submitted to the planning department at least 30 days prior to expiration.
3. c.
   Residential incentive program (RIP) of the 1994 DMP.

   1. 1.
      Proposed developments with site plans approved under the RIP shall commence construction within 18 months following the date of site plan approval. If commencement of construction does not occur during such 18-month period, the site plan approval shall automatically expire without further action by the city. A one-time six-month extension of time to commence construction may be granted by the planning director provided there is progress on building permit approval, as demonstrated by the building permit activity. An application for a site plan extension shall be submitted to the planning department at least 30 days prior to expiration.
   2. 2.
      Developments approved under the RIP may be converted into an alternative permitted use provided the following conditions are met:

      1. a.
         At least 15 years from the date of issuance of certificate of occupancy has passed.
      2. b.
         All floors above the first floor shall be converted into the new permitted use.
4. d.
   Transfer of development rights (TDRs) program of the 1994 DMP.

   1. 1.
      Proposed developments which have received DAC approval for the TDRs and have a certificate of transfer issued under the 1994 DMP may complete the transfer to the approved receiving site even if the transfer results in an FAR which exceeds the FAR for which the site is eligible under the DMP urban regulations.

      Where the proposed development is seeking a new site plan approval or a major amendment of an existing approved site plan, the FAR allowed on the site shall not exceed the FAR allowed by the corresponding subdistrict designation plus the amount of TDRs originally transferred to the site. DAC shall review the proposed development to determine appropriate building configuration, and design for compliance with the DMP urban regulations. Proposed developments which have received TDRs are not eligible for special incentives to increase height or FAR.

   2. 2.
      Proposed developments which had previously received site plan approval utilizing the benefits of the TDR program must obtain DAC approval for the transfer of development rights and must possess the certificate of transfer before the site plan approval expires in order to develop under the TDR program.
5. e.
   New planned developments (PDs) shall be prohibited and existing PDs shall not expand their boundaries. If a PD expires or is abandoned, the properties included within the PD shall be required to meet the district and subdistrict regulations in which the properties are located. Existing developments of regional impact (DRIs) may expand their boundaries, provided that they meet the statutory requirements pertaining to developments of regional impact.

(Ord. No. 4213-09, § 6 (Exh. A), 6-29-2009; Ord. No. 4917-20, § 3, 12-14-2020)

1. a.
   Intent. This section shall provide a list of uses permitted within the various subdistricts established for the DMP, uses permitted with additional requirements, prohibited uses, and the definitions of uses particular to the downtown area.
2. b.
   Permitted uses within all districts. The following uses are permitted within all districts as a matter of right without specific listing in the permitted use table: parks, recreation areas, and urban open spaces; aboveground and buried utility lines for local distribution of electricity, telephone, and cable television service; accessory and appurtenances apparatus such as poles, guy wires, transformers, and switching boxes; public and private streets and roads; railroad rights-of-way; water and sanitary sewer lines; gas and liquid fuel distribution lines; and public water canals.
3. c.
   Prohibited uses within all districts. The following uses shall be prohibited within the DMP area: outdoor sales of motor vehicles; motor vehicles service stations; drive-in facilities except banking facilities; pawn shops; chemical manufacturing; storage or distribution as primary use, except as otherwise provided in this article; unscreened outdoor storage either as a primary or accessory use, except as otherwise provided in this article; enameling; painting or plating, except artist's studios; off-premises signage; carting; moving or hauling terminal or yard, except delivery of goods to businesses; prisons; detention centers; sites for disposal of hazardous waste materials; scrap yards; mobile homes; sand, gravel or other mineral extraction; exterior kennels except as ancillary use to police station or courthouses; rooming houses; halfway houses; adult entertainment establishments; and retail uses selling adult material.
4. d.
   Permitted use tables.

   1. 1.
      Permitted use tables. Permitted uses in each planning area are listed in the permitted use tables: Tables IV-1, IV-2, and IV-3. Additional requirements for specific uses may be found in section 94-106 and/or the district regulations for each planning area. Uses in the permitted use tables are classified as follows:

      1. a.
         Uses permitted by right (P). Uses allowed throughout a subdistrict as a matter of right, subject to all applicable provisions of this chapter. These uses are designated "P" in Tables IV-1, IV-2, and IV-3.
      2. b.
         Uses permitted with additional requirements and restrictions (P+number). Uses allowed throughout a subdistrict only with the additional requirements and restrictions indicated by the specific permitted use symbol (P+number) in the permitted use tables, Table IV-1, IV-2, and IV-3, and subject to all applicable provisions of this chapter. The permitted use symbols correspond to the following additional requirements and restrictions:

         P1	Ground floor residential uses shall be permitted, except on streets designated as avenues.
         P2	Ground floor residential uses shall be permitted only on 2nd street, and on those properties facing Evernia Street and Datura Street between Rosemary Avenue and Sapodilla Avenue.
         P3	Ground floor residential uses shall be permitted, except on Dixie Highway.
         P4	Multiple family dwellings shall be limited to the rehabilitation of structures originally constructed and legally permitted as multiple family residential structures.
         P5	Off-site accessory surface parking lots will be permitted when accessory to uses located within BPD-R, NoRA-5 and N0RA-2. Surface parking lot shall comply with the following: a. Off-site accessory surface parking lots for uses within NoRA or BPD-R will be permitted only on vacant properties with frontage along North Railroad Avenue, Spruce Avenue, or 11th Street.  Parking lots shall not be allowed along the 10th Street frontage, except within 100 feet from North Railroad Avenue. b. Demolition of existing structures will not be permitted for the construction of off-site accessory surface parking lots. c. When located in a residential subdistrict, off-site accessory parking lots will not be required to comply with the minimum setback required for the district. d. Off-site accessory surface parking lots shall comply with all landscape requirements as included in Section 94-443.c., except that divider medians shall be required only when more than four consecutive rows of parking are provided.
         P6	Ground floor retail uses, office and other commercial uses, may be allowed in existing structures originally designed for commercial uses provided a class B special use permit is obtained. Such structures are designed with original, distinguishing, nonresidential characteristics, such as, but not limited to, storefront windows, placement and orientation to the street, and floor to ceiling height. The special use permit shall be limited to the existing building and such structures shall not expand in net interior area. Residential structures with previous commercial or retail uses shall not qualify for such special use permit. Retail uses, office, and other commercial uses shall be permitted by right for properties fronting 7th Street, between Rosemary Avenue and Sapodilla Avenue; and properties fronting Henrietta Avenue, south of the alley located between 8th Street and 9th Street. Bars, clubs, convenience stores, game arcades, and dry cleaning establishments shall not be permitted anywhere within the NWD-R-C1.
         P7	Live/work and commercial uses shall be limited to office uses, design arts related uses, studios, personal services, and limited retail as an accessory use to permitted uses. Mixed-uses shall be permitted within the same structure.
         P8	Ground floor retail and other commercial uses shall be limited to 2,500 square feet.
         P9	Live/work uses located on the first floor cannot be converted entirely into residential uses.
         P10	Office uses shall be limited to professional office use only.
         P11	Bed and breakfast establishments shall be limited to the rehabilitation of existing structures. In the NWD-R-C1 subdistrict, bed and breakfast establishments shall be limited to the rehabilitation of historically contributing structures. B&Bs shall comply with requirements in Section 94-273(5.2).
         P12	Restaurant uses shall be limited to occupancy of 75 patrons.
         P13	Structured parking shall comply with the subdistrict building requirements.
         P14	Surface parking lots shall be permitted only on secondary street designations and shall comply with the parking requirements of section 94-111 and landscape requirements of subsection 94-443(c).   Temporary surface parking lots as primary use with frontage along a primary street may be allowed within the Quadrille Business District with the following conditions: a. Minimum size and location. Temporary surface parking lots as primary use shall be allowed on parcels that are one or more acres in size, and shall be located within 500 feet of an existing commercial/retail development with a minimum of 250,000 square feet of existing floor area. Access to temporary surface parking lots may be from public right-of-way. b. Setback. Temporary surface parking as primary use is not required to comply with minimum ground floor setback as prescribed by the corresponding subdistrict building requirement table. A minimum of six feet wide sidewalk shall be provided if not existed along the frontage line. c. Landscape. Landscape shall be provided according to subsection 94-113(f), except as otherwise prescribed by this section. For properties with frontage along Rosemary Avenue, landscape buffer shall be a minimum of six feet in width, and shall be enhanced with an additional under-story shrub planting subject to the review and approval of the landscape planner. Required perimeter buffers along public streets shall be provided from the back side of the sidewalk. d. Parking. Parking area shall comply with all applicable provisions on section 94-111 except as otherwise prescribed by this section. One interior landscape island shall be provided for every 12 parking spaces or fraction thereof. e. Bicycle racks. Bicycle racks shall be provided at a ratio of one bicycle parking space per every 15 parking spaces provided. Bicycle racks may be located off-site at locations agreed by the city, and installed by issuance of certificate of completion of the temporary surface parking lot. f. Time limitation. Surface parking lots with frontage along a primary street are only allowed for a period of 36 months after issuance of certificate of completion. A one-time 12-month extension may be allowed by the city commission. After four years, the surface parking lot shall be removed at the applicant's expense, and property restored pursuant to section 94-450.
         P15	Surface parking lots as a primary use are permitted provided a class B special use permit is obtained. A maximum of one surface parking lot with parking as the primary use shall be permitted on each block.
         P16	Off-site accessory surface parking lots in residential subdistricts identified on Figure IV-2, may be allowed to continue with the following conditions: 1. The lots shall be improved to the following minimum standards: i. Surface parking lots shall comply with requirements of section 94-111. ii. Paving materials shall be limited to stabilized grass, brick pavers, plain or colored concrete, or asphalt. iii. Surface parking lots existing as of November 1, 2022, are not required to comply with the minimum ground front setback, but a landscape buffer shall be provided along the street frontage in compliance with section 94-113(f). 2. Legally permitted surface parking lots, as demonstrated by an approved building permit, shall be exempt from these requirements. 3. Shared usage of surface parking lots and cross-access easements are strongly encouraged. 4. If a permit for improvements which comply with the minimum standards has not been obtained and site improvements have not commenced prior to January 1, 2027, the off-site accessory surface parking use shall be discontinued and the lot shall be automatically removed from Figure IV-2. 5. If improvements to comply with the minimum standards are proposed to be completed in different project phases, an approval of a class B special use permit by DAC is required.
         P17	Outdoor storage as accessory to commercial uses located adjacent to Railroad Avenue shall be limited to existing accessory outdoor storage as of January 1, 2008, subject to a class B special use permit obtained by December 31, 2009, and subject to the following requirements: 1. The outdoor storage shall be screened on all sides by a minimum three-foot wide landscape buffer which shall include a fence or wall, and a planted hedge not to exceed eight feet in height along streets, alleys, and adjacent property lines. Fence or walls shall be limited to chain link, masonry, or stucco on brick. The maximum height of outdoor storage shall not exceed the height of the fence or wall enclosure. 2. Hedging shall be required on all sides of the property. Along rights-of-way, the hedging shall be outside the fencing and the fence shall be set back a minimum of three feet from the property line. Hedging shall be located inside fencing when adjacent to property under separate ownership. 3. The outdoor storage shall not expand to adjacent properties. 4. If a lawfully permitted outdoor storage use ceases to operate as an accessory to a commercial use for more than six months, the class B special use permit shall be void and the uses allowed shall be restricted to those permitted in the BPD-R subdistrict. Waiver of this requirement is prohibited. 5. Commercial vehicle access to Railroad Avenue permitted outdoor storage shall be by way of 7th Street between the hours of 7:00 a.m. and 7:00 p.m. daily. Access to lots shall be directly off of Railroad Avenue. 6. Storage shall be limited to those materials and supplies normally produced by the primary business or necessary for the day-to-day operation of the primary business or facility. Storage may additionally include parking for work and employee vehicles related to the primary business. 7. Lighting shall be installed at a height not to exceed 12 feet, and shall be directed away from adjacent properties. 8. No outdoor speakers or sound systems shall be permitted. 9. Razor wire and barbed wire shall be prohibited. 10. No signage shall be permitted on properties utilized for outdoor storage. 11. Any proposed structures shall conform to the requirements of section 94-127. 12. If a class B special use permit is not obtained prior to December 31, 2009, the outdoor storage use shall be discontinued.
         P18	Off-site accessory surface parking lot uses are permitted provided a class B special use permit is obtained, and shall comply with parking requirements on section 94-111 and landscape requirements on subsection 94-443(c).
         P19	Self storage and warehousing for families and small business as a primary use is permitted with the following conditions: a. Active use requirement. For buildings up to two stories, active uses are required along a minimum of 80 percent of the first floor buildable lot frontage. For building above two stories, active use shall be provided along 80 percent of the first and second floors. Self storage or warehousing uses are not permitted within any required active use area. b. Active use minimum depth. Required active use shall comply with the minimum depth as required by the corresponding building requirement table. c. Maximum height. The maximum height of the storage building shall be limited to three stories or 40 feet. d. Maximum lot size. The maximum lot size allowed for a self storage facility is 1.5 acres.
         P20	Temporary surface parking lots may be allowed with the following conditions: 1. Location and appearance: i. Temporary surface parking lots will be allowed only on those districts where permanent surface parking lots are allowed. ii. Access shall be provided from the alley if existing or from an existing curb cut. No new curb cuts will be allowed. iii. Compliance with landscape requirements shall not be required. iv. A four feet high opaque wood or pvc fence shall be provided along the street frontage. 2. Technical requirements: i. Temporary surface parking lots shall obtain approval from the engineering services division for storm water management. ii. Temporary surface parking lots shall comply with all federal regulations necessary for compliance with the Americans with Disabilities Act. 3. Time restrictions: i. Temporary surface parking lots are only permitted when associated with the construction of a new parking garage structure, and only in those cases where the original surface parking is being displaced by the new construction. ii. Temporary surface parking lots cannot start operation until site work associated with the construction for the new structure parking has commenced. iii. Temporary surface parking lots shall be removed within 30 days after a temporary certificate of occupancy for the associated parking structure is issued by the city. The final certificate of occupancy for the structure parking and its associated use will not be issued unless the temporary surface parking lot has been removed. iv. The maximum duration of a temporary surface parking lot shall be 24 months.
         P21	Light Industrial uses may be allowed when associated with a retail component that occupies a minimum of 20% of the tenant space.
         P22	Permitted only for properties with frontage along North Railroad Avenue.
         P23	Not permitted along 10th Street except within 100 feet of North Railroad Avenue or Dixie Highway.

      3. c.

         Prohibited uses. Uses prohibited within a subdistrict are indicated by a dashed line (—).

1. a.
   General uses with special requirements. The uses listed in this section are uses permitted within the districts indicated, subject to special requirements or special use permit approval.

   1. 1.
      Bars and night clubs. In addition to the provision of this chapter, bars and night clubs shall be regulated by chapter 6 of the City Code.

   1.a.   Brewpub/microbrewery/micro-distillery/micro-winery.

   1.   
      1. a.
         Shall be permitted by right within all subdistricts, except for NWD-R-C1, BPD-R, PPD-R, and PPD-PO subdistricts.
      2. b.
         The maximum size of a building containing a brewpub, microbrewery, micro-distillery, or micro-winery use shall be 6,000 square feet for new structures and 6,300 square feet for existing structures.
      3. c.
         Shall meet subdistrict minimum active use and minimum active use linear depth regulations by including at least one of the following within the building: restaurant, bar, or tasting room.

         1. 1.
            Tasting rooms shall not qualify as required ground floor retail uses.
      4. d.
         No outdoor storage shall be permitted.
      5. e.
         Shall meet the parking requirements for restaurants.
      6. f.
         Site plan with identified loading areas must be presented with certificate of use application.
      7. g.
         In addition to the provision of this chapter, the sale of alcohol for consumption on-premises or off-premises shall be regulated by chapter 6 of the City Code.

   2. 2.
      Community centers.

      1. a.
         Community centers shall be permitted by right within all subdistricts, except for R subdistricts.
      2. b.
         Community centers shall be permitted within the R subdistricts only as accessory uses to schools and places of worship and shall comply with section 94-106(a)(12)b.
   3. 3.
      Cultural uses.

      1. a.
         Cultural uses shall be permitted in the urban core planning area and the special district planning area with the approval of the special review by the DAC.
      2. b.
         Cultural uses may be permitted within the residential enclave districts, except PPD-R, provided a class B special use permit is obtained and the following conditions are met:

         1. 1.
            Maximum lot area of 20,000 square feet.
         2. 2.
            When adjacent to residential uses, minimum interior setback shall be ten feet.
         3. 3.
            Parking areas shall be located behind the main structure, when possible. When not behind the structure, parking areas shall not occupy more than 40 percent of the lot frontage.
   4. 4.
      Day care facilities for children.

      1. a.
         Day care facilities as a primary use, or accessory use to places of worship or schools shall be permitted within the urban core planning area, special district planning area and residential enclave planning area except within R subdistricts, and shall comply with the additional requirements of subsections 94-273(a) and 94-273(d)(18).
      2. b.
         Day care facilities as an accessory use to places of worship or schools shall be permitted in the R subdistricts, and shall comply with the additional requirements of subsections 94-273(a) and 94-273(d)(17).
      3. c.
         Family day care homes for six children or fewer as an accessory use to a residential use, shall be permitted by right in all planning areas.
      4. d.
         Large family child care homes for 12 or fewer children, as an accessory use to a residential use, shall be permitted in the zoning districts reflected in Table IX-1 subject to the extra requirements of section 94-273(d)(19.1).
   5. 5.
      Day care facilities for adults.

      1. a.
         Adult day care facilities for three or more clients shall be permitted in all planning areas, except R subdistricts, provided a class B special use permit is obtained, and shall comply with the additional requirements of subsections 94-273(a) and 94-273(d)(15).
      2. b.
         Adult day care facilities for three of more, as an accessory use to places of worship or schools, shall be permitted in R subdistricts and shall comply with the additional requirements of subsections 94-273(a) and 94-273(d)(15).
      3. c.
         Adult day care as an accessory use to a residential use shall be permitted by right in all planning areas for not more than two adults.
      4. d.
         Overnight lodging of clients shall be prohibited.
   6. 6.
      Firearms sales. Retail establishments dedicated to the sale of firearms shall be permitted in the urban core planning area, and the special district planning area.
   7. 7.

      Family and transitional community residences

      1. a.

         Community residences shall be permitted in all subdistricts with special requirements as listed in Section 94-273.

      2. b.
         Community residences shall be permitted within the residential enclaves planning area provided a class B special use permit is obtained in compliance with the requirements in section 94-273(3)(c).
      3. c.
         Community residences shall be permitted within the urban core and special district planning areas with special requirements as listed in Section 94-273(a)(3).
      4. d.
         Skilled Nursing and Rehabilitation Facilities shall be permitted within the urban core, special district planning areas and Brelsford Park District-5 provided they comply with the requirements in section 94-273(a)(2) and (d)(152).
   8. 8.
      Home occupations. Home occupations shall be permitted within all planning areas and shall comply with the additional requirements of subsection 94-273(a). Within R subdistricts, home occupations shall be permitted in the main structure or in the outbuilding, if outbuildings are permitted under the requirements of the subdistrict.

   8.a.   Micro-units .

   1.   
      1. a.
         Micro-units shall be permitted within all districts.
      2. b.
         A project with residential micro-units shall provide on-site car-share stations on a ratio of one per every 13 units. The total amount of car-share stations may be reduced by one car-share station per every 13 on-site parking spaces provided. The total number of car-share stations may be adjusted based on current system demands, but a minimum of one car-share station shall be provided. The remainder of the spaces shall be Reserved for future service expansion.
      3. c.
         A project with residential micro-units shall provide 0.5 bicycle parking spaces per every unit. Required bicycle parking shall be provided in a secured area, covered from the elements.
      4. d.
         A project with residential micro-units shall provide one bike sharing station on-site. The total number of docks required will be determined by the proximity of other bike sharing stations already installed within 500 feet from the subject project.
      5. e.
         A project with residential micro-units shall contribute a trolley fee per unit per month to support the operation of the city's trolley system, as established by resolution of the city commission from time to time.
      6. f.
         Projects with less than 13 micro-units shall be exempt from compliance with the car share and bike share provision, but shall provide a minimum of 0.5 parking spaces per unit, and one bike parking space per unit.

   9. 9.
      Motor vehicle fuel sales, no service. Fuel stations shall be permitted within the urban core planning area, and along the Dixie Highway corridor between Loftin Avenue and Palm Beach Lakes Boulevard, provided a class B special use permit is obtained. Fuel stations shall comply with the additional requirements of subsection 94-273(a).
   10. 10.
       Motor vehicle sales and rental (no service) and passenger transportation operations. Offices for motor vehicle sales, rental, and passenger transportation operations are permitted in all planning areas, except R subdistricts. Surface parking lots for storage of vehicles are prohibited. Legally permitted surface parking lots may be utilized for standing of vehicles.
   11. 11.
       Pet sales. Commercial establishments dedicated to the sale of live animals shall be permitted in the urban core planning area, the special district planning area, except CWD-CD, and the BPD-5 and NWD-5 subdistricts designation, provided a class B special use permit is obtained. All licensing requirements of all applicable state and local agencies shall be met.
   12. 12.
       Schools, civic uses, and places of worship.

       1. a.
          Schools and places of worship shall be permitted by right within all subdistricts, except for R subdistricts.
       2. b.
          Within R subdistricts, schools, civic uses, and places of worship shall be permitted by right with the following conditions:

          1. 1.
             Maximum lot area of 25,000 square feet.
          2. 2.
             The front setback shall be ten feet from the lot line. In the case of a corner lot, the proposed structure shall have a ten-foot setback from both sides.
          3. 3.
             The side setbacks shall be a minimum of ten feet from the lot line.
          4. 4.
             The rear setback shall be ten feet from the lot line.
          5. 5.
             Parking areas shall be located behind the main structure, when possible. When not behind structure, parking areas shall not occupy more than 40 percent of the lot frontage.
   13. 13.
       Veterinary clinics, pet grooming, animal daycare, and boarding facilities. Veterinary clinics, pet grooming, animal daycare, and boarding facilities which do not include livestock animals and equines shall be permitted within the urban core planning area, the special district planning area, and within residential enclaves, except R subdistricts, provided the following additional standards are met:

       1. a.
          All facilities shall be located within an enclosed building.  This additional standard may be waived by the Downtown Action Committee as part of a Class B Special Use permit approval.
       2. b.
          Facilities shall provide appropriate waste removal measures.
       3. c.
          Facilities shall provide an attendant on-site at all times. In lieu of an attendant, a video monitoring system may be permitted.
       4. d.
          Buildings shall be constructed and operated in a manner so that animal noise will not be detected at adjoining property lines. Buildings shall be completely air conditioned, and windows shall be opened only when air conditioning systems are not in working order.
       5. e.
          Facilities shall include fire and smoke detection systems.
       6. f.
          Animal daycare and boarding facilities are prohibited within the Clematis Waterfront District Conservation District (CWD-CD).
       7. g.
          Veterinary clinics within the CWD-CD may only provide overnight boarding for animals receiving required treatment.
       8. h.
          Animal daycare shall require a parking area, circular driveway, or dedicated on street parallel drop off/pick up parking spaces in the amount of one space per three pets that can be boarded, or three parking spaces, whichever is less. This additional standard may be waived by the Downtown Action Committee as part of a Class B Special Use permit approval.
   14. 14.
       Hospital. Medical institutions and medical clinics/facilities with in-patient services licensed by
       the Agency for Health Care Administration as a hospital that provides services more intensive
       than those required for room, board, personal services, and general nursing care, and offers
       facilities and beds beyond 24 hours. Hospitals shall be permitted within the urban core planning area and the special district planning area, provided the following additional standards
       are met:

       1. a.
          Shall be at least 500 feet from R subdistricts..
       2. b.
          Overnight treatment is permitted. The hospital may be open 24 hours per day.
       3. c.
          The hospital shall be located on a site that has an area of at least two acres and has direct
          access to a street frontage.
       4. d.
          Parking areas shall be located within a parking structure, or behind the primary building,
          when possible. When not within a parking structure or behind the primary building, parking
          areas shall not occupy more than 40 percent of the lot frontage.
       5. e.
          Vehicular circulation, access, and exterior signage shall be designed to provide safe and
          separate emergency vehicle access to the hospital, with minimal conflicts with other
          vehicular or pedestrian traffic of the area.

(Ord. No. 4213-09, § 6 (Exh. A), 6-29-2009; Ord. No. 4331-11, § 1, 3-21-2011; Ord. No. 4368-11, § 4, 9-19-2011; Ord. No. 4401-12, § 1, 2-21-2012; Ord. No. 4648-16, § 2, 9-26-2016; Ord. No. 4708-17, § 3, 6-19-2017; Ord. No. 4780-18, § 3, 6-18-2018; Ord. No. 4858-19, § 1 (Exh. A), 09-09-2019; Ord. No. 4952-21, § 3, 07-26-2021; Ord. No. 4957-21, § 5, 11-15-2021)

1. a.
   Intent. Demolished structures result in vacant lots which can contribute to the perception of blight in the downtown area. Further, some vacant structures may have significant historic value and their demolition would be an irreversible loss to the community. Sustainable communities that aim to reduce their carbon footprint should place a greater emphasis on the renovation and reuse of existing structures. These requirements describe the mechanisms for protecting important building fabric in the downtown area.
2. b.
   Demolition of existing buildings. The demolition of existing buildings shall comply with the following requirements:

   1. 1.
      Designated historic structures proposed for demolition shall comply with section 94-49.
   2. 2.
      Existing buildings may not be destroyed or removed unless they are to be replaced according to these urban regulations and only after a building permit which affects the vertical construction for the new building has been obtained by the property owner or developer. Permits which affect vertical construction include the foundation, vibro-flotation, soil mixing, pressure grouting and full building permits. Clearing and grubbing and underground utilities and site work permits are not considered permits which affect vertical construction. The final building permit for the new building shall be applied for within 30 days of issuance of the demolition permit and shall be diligently responded to by the applicant. Vertical construction shall commence within six months of the issuance of the building permit. The application and/or building permit will expire in the event of six months of inactivity or failure to progress with the application or construction, or as otherwise provided in the local amendments to the Florida Building Code adopted by the city. In the event that vertical construction has not commenced within six months, the site shall be restored to grade, tilled, sodded, and irrigated. Any temporary construction fence shall also be removed.
   3. 3.
      Before issuance of a demolition permit, the property owner shall obtain and keep in force a policy or policies of general liability and property damage insurance in an amount to be determined by the city for combined single limit, per occurrence, bodily injury, and property damage. A certificate of insurance shall be submitted to the city prior to issuance of the demolition permit and shall name the city as an additional insured party.
   4. 4.
      Unsafe structures as defined by the Standard Unsafe Building Abatement Code adopted by the city may receive an emergency demolition order from the city building official due to unsafe structure conditions.
   5. 5.
      The DAC may also authorize the demolition of a structure on sites with contamination identified by a site environmental study.
   6. 6.
      The DAC may authorize the demolition of a structure to allow the creation of an urban open space. The urban open space shall be conveyed to the city or other public entity, and shall be rezoned as an urban open space.
3. c.
   Demolition standards. Unless otherwise provided in subsection 94-107(b), DAC may approve the request for a demolition upon the finding that the petition satisfies each of the following standards:

   1. 1.
      There exists a significant economic hardship to rehabilitate and reuse the structure based upon the structural condition of the building and practicality of rehabilitation and reuse.
   2. 2.
      The demolition will not cause significant harm to the public's interest due to the lack of architectural or historic significance of the building.
   3. 3.
      The structure does not maintain the continuity, scale and massing of adjacent structures and the structure lacks prominence within the block or its relationship to adjacent structures.
   4. 4.
      The structure's reuse is inconsistent with the goals and intent of the specific district in which it is located.
   5. 5.
      The removal of the structure will enhance the public safety, health, and welfare of downtown resident and visitors.
   6. 6.
      Due to the structure's condition and level of deterioration, it would be impractical to board and secure the structure.

      If the demolition request does not satisfy each of the demolition standards, the request shall be denied.

4. d.
   Demolition materials. Any proposed demolitions of a building larger than 50,000 square feet shall divert 50 percent of construction, demolition, and land clearing debris from landfill disposal by developing a waste management plan which quantifies material diversion goals. Calculations can be done by weight or volume, but must be consistent throughout as described in the Leadership in Energy and Environmental Design (LEED) Standards for Materials and Resources, Credit 2. Hazardous waste and excavation soil may not be included in the calculations. Structures which are to be demolished due to environmental contamination are not required to fulfill this standard.

Before issuance of a demolition permit, the property owner shall pay a sustainability deposit to the city in an amount established by resolution of the city commission, in addition to any other deposits or bonds required by the city. The architect or contractor shall certify the implementation of this requirement 60 days after the demolition of the structure through the submittal of a report to the planning department. If diversion requirement is met, deposit is returned to applicant, if diversion requirement is not met, deposit will be forfeited to the city.

(Ord. No. 4213-09, § 6 (Exh. A), 6-29-2009)

1. a.
   Intent. The site and building design requirements provide the basic requirements for development in the downtown area as they relate to the form and arrangement of buildings and other structures on sites. The requirements establish the broad design-based approach to a site and the structures on the site. The site and building design requirements include the specific elements required for development approval, while providing significant flexibility in design.
2. b.
   Capacity. The building envelope established by these requirements allows flexibility in building massing and organization while also providing limitations with respect to the building's impact on adjacent public right-of-way and neighboring development. The building requirements tables limit the area and volume of the building envelope that may be filled with building components. In order to provide flexibility on building design, the envelope provided is larger than the permitted development capacity and shall not be construed as allowing additional capacity not otherwise permitted by these regulations.
3. c.
   Requirements. Unless otherwise provided in this article, development characteristics shall conform to the site and building requirements, which are grouped within the following categories:

   1. 1.
      Building requirements. Building requirements including, but not limited to, FAR; height; setbacks; footprint; open space; active uses; transparency; and active use liner depth shall be regulated pursuant to individual subdistrict building requirements and shall apply to all buildings and structures, including parking structures. For definitions and minimum requirements, see section 94-109.
   2. 2.
      Building facades. All building facades shall comply with the facade articulation requirements on Table IV-4, and the architectural treatment requirements when applicable.
   3. 3.
      Projections and encroachments. Projections and encroachments including, but not limited to, architectural features; awnings; balconies; canopies; colonnades; porches; decorative roofs; covered structures; parapets; mechanical rooms and swimming pools shall comply with Table IV-5.
   4. 4.
      Passenger loading. The location of passenger loading areas including, but not limited to, passenger drop-offs; porte cocheres; and cross-block passenger drop-offs; shall comply with Table IV-11. See section 94-111 for additional parking requirements.
   5. 5.
      Open space. Public open space, semi-public open space and private open space types shall comply with Table IV-6 and Table IV-7.
   6. 6.
      Tree canopy. Tree canopy shall be measured pursuant to Table IV-8.

(Ord. No. 4213-09, § 6 (Exh. A), 6-29-2009)

The definitions and minimum requirements within this section shall apply to the urban regulations. If a term is not defined in this section, the definition in ARTICLE XIX shall apply. Minimum requirements are indented below the corresponding definition. The requirements may further reference the applicable table or figure for the specific requirement.

1. a.
   Intent. The signage requirements shall determine size, placement, and number of signs permitted for the various districts and subdistricts to support the identification of commerce and civic uses, provide consistency and continuity, and protect each district from the clutter and negative visual impact of excess signage.
2. b.
   Requirements which apply to all districts.

   1. 1.
      Except as specifically provided in this section, the sign regulations in ARTICLE XIII of the zoning and land development regulations shall also apply.
   2. 2.
      Construction and materials. All installation components or hanging devices such as, but not limited to, fasteners, clips, bolts, etc., shall be of non-corrosive, stainless steel, aluminum, brass or bronze; carbon bearing steel shall be of nonferrous metal of quality material and finish. All fasteners shall be concealed. All signage shall have an individual circuit and be controlled by a time clock. Exposed conduit or electrical wiring is prohibited. Exposed raceways, transformers, ballasts, and electrical wiring are prohibited. Channel or cut-letter signage is recommended.
   3. 3.
      Prohibited signs. Audible, flashing, paper signs, and internally illuminated box-signs are prohibited. Signs with visible backs are prohibited. Monuments signs are prohibited except as expressly provided in this section.
   4. 4.
      Method to calculate sign face area is pursuant to section 94-405.
3. c.
   Commercial and mixed-uses within urban core, special district planning areas, and commercial properties fronting North Railroad Avenue within the Brelsford Park Residential (BPD-R) zoning subdistrict. Signage for commercial and mixed-uses shall comply with the following requirements:

   1. 1.
      Up to two building identity signs, with the same identity, shall be allowed on buildings three or more stories in height. Only one building identity sign shall be allowed per facade. Such signs shall not exceed a total sign face of 100 square feet each. For buildings ten stories or taller, the maximum sign face shall not exceed 200 square feet each. Building identity signs may be comprised of internally illuminated individual letters and primary logos, but not internally illuminated box signs. Individual letters shall be attached directly to the building facade. In those cases where the individual letters cannot be attached directly to the building facade, a support back panel may be allowed, but such panel shall not be internally illuminated.
   2. 2.
      An external sign band may be applied on the facade of each building provided that it shall not exceed 36 inches in height by 60 percent of the applicable storefront width. Signage may be permitted on awnings or canopies, but shall be considered as square footage against the allowable signage area. The sign band shall be located within the first two stories of the building.
   3. 3.
      Pedestrian blade signs may be attached perpendicular to the facade projecting out no more than four feet from the building facade, not exceeding three feet in vertical dimension, and with a minimum vertical clearance of eight feet. Pedestrian blades sign shall be set back a minimum of two feet from the end of the building or storefront. Pedestrian blade signs shall only be located within the first story of the building. Only one double-sided pedestrian blade sign shall be allowed per business.
   4. 4.
      Vertical building signs may be attached perpendicular to the building facade, projecting out no more than three feet from the building facade. Vertical signs shall not exceed two feet in width and ten feet in vertical dimension. Signs shall be located above the first story and shall be set back a minimum of two feet from the end of the building. Only one vertical sign shall be allowed per applicable storefront. In the event that a vertical sign is utilized, no sign band shall be permitted.
   5. 5.
      Vacant ground floor spaces shall provide temporary signage applied as a film on the interior of the glazing with the following conditions:

      1. a.
         Up to 100 percent of the glazing area may be comprised of urban lifestyle imagery which does not advertise any specific good, service, or business.
      2. b.
         Signage advertising a new business or development opportunity for the vacant storefront shall be limited to 50 percent of the glazing area.
      3. c.
         Temporary signage may be used in lieu of window treatment requirements as provided in section 18-232 of the Code.
   6. 6.
      Permanent and temporary window signage shall be permitted for up to 25 percent of the glazed area of the storefront provided such signage shall not unreasonably obstruct views from the street into storefront spaces.
   7. 7.
      Monument signs shall be permitted for buildings more than two stories located on parcels that have surface parking lots fronting the intersection of two public streets subject to the following requirements:

      1. a.
         The commercial building and surface parking lot shall be located in the same parcel. Off-site monument signs are not permitted.
      2. b.
         The corner of the surface parking lot shall be located at least 200 feet from the edge of the commercial building.
      3. c.
         One monument sign shall be permitted per parcel. The monument sign shall be located at the corner of the public street and shall provide clearance for the 30-foot visibility triangle.
      4. d.
         Monument sign shall be located behind the five-foot landscape buffer required for surface parking lots. For existing surface parking lots, in those cases where there is not enough space, the landscape buffer in front of the monument sign can be provided within the minimum required setback.
      5. e.
         The monument sign shall be removed at such time when the site is redeveloped with a new building(s) consistent with the provisions of this chapter.
      6. f.
         Architectural requirements.

         1. 1.
            The monument sign must contain two panels joined at a 90-degree angle situated parallel to the streets which they abut, such that they frame the street corner.
         2. 2.
            The monument sign shall contain architectural treatments, colors and materials that are compatible with the existing building on the parcel, subject to the approval of the city's planning manager or designee.
      7. g.
         Dimensional requirements.

         1. 1.
            Maximum height: four feet
         2. 2.
            Maximum length of each panel: six feet.
         3. 3.
            Minimum setback: according to the street type.
      8. h.
         Lettering requirements.

         1. 1.
            The base of the monument sign may contain the numerical street address of each building located on the parcel.
         2. 2.
            The monument sign may contain identification for up to a maximum of four tenants located above the base of the sign, one of which may be the principal building identification.
         3. 3.
            Letter height of tenant and/or building identification shall not exceed six inches in height.
         4. 4.
            Letters shall be individually mounted. No changeable copy or digital signs are permitted.
         5. 5.
            Tenants identified on the monument sign shall not be identified on any building facade or other wall or freestanding signs on the site.
      9. i.
         Landscaping requirements. The monument sign shall be landscaped with low plants and/or shrubs at its base. A gap in said landscaping is permitted to allow visibility of the building address located on the base.
      10. j.
          Illumination requirements.

          1. 1.
             Internally illuminated cabinet and neon signs are prohibited.
          2. 2.
             Indirect lighting is permitted through permanently fixed and encased face lighting from below or in front the sign surface.
4. d.
   Commercial and mixed-uses within residential enclaves planning areas, except PP-PO-R and BPD-R. Those commercial and mixed-uses approved by right or subject to approval as a class B special use shall comply with following signage requirements:

   1. 1.
      An external sign band may be applied on the facade of each building provided that it shall not exceed 36 inches in height by 40 percent of the storefront width. The sign band shall be located within the first two stories of the building. Signage may be permitted on awnings or canopies, but shall be calculated as square footage against the allowable signage area. Such signs shall not be internally illuminated. External illumination is permitted.
   2. 2.
      Pedestrian blade signs may be attached perpendicular to the facade projecting out no more than four feet from the building facade and not exceeding three feet in vertical dimension. Pedestrian blade signs shall be set back a minimum of two feet from the end of the building or storefront.
   3. 3.
      One building identity sign shall be allowed on buildings three or more stories in height. Such signs shall not be internally illuminated and shall not exceed a total sign face of 40 square feet. External illumination is permitted.
   4. 4.
      Vacant ground floor spaces shall provide a temporary window treatment applied as a film on the interior of the glazing. The window treatment shall consist of graphic imagery and shall comply with the following design guidelines:

      1. a.
         Up to 100 percent of the glazing area may be comprised of urban lifestyle imagery which does not advertise any specific good, service, or business.
      2. b.
         Signage advertising a new business or development opportunity for the vacant storefront shall be limited to 50 percent of the glazing area.
   5. 5.
      Permanent and temporary window signage shall be permitted for up to 25 percent of the glazed area of the storefront provided such signage shall not unreasonably obstruct views from the street into storefront spaces.
   6. 6.
      Exceptions. In the event of retail, office, or commercial uses permitted within the PP-PO-R or BPD-R, a two-sided low-freestanding may be permanently installed in the front setback. Such a sign shall not exceed four square feet in area for each sign face, nor be higher than five feet at the top, nor be lit in any way. No other signage shall be permitted.
   7. 7.
      Signage for surface parking lots is allowed according to subsection 94-407(5).
5. e.
   Schools and places of worship within residential enclaves. The following signage shall be permitted:

   1. 1.
      One low freestanding sign, located on the lot of the principal structure which shall not exceed four feet in height and 16 square feet in sign face area. The sign shall be located a minimum of ten feet from any lot line, and shall not be internally illuminated.
   2. 2.
      One building identity sign shall be allowed on buildings three or more stories in height. Such signs shall not be internally illuminated and shall not exceed a total sign face of 40 square feet.
   3. 3.
      Bulletin boards shall be permitted subject to section 94-407.
6. f.
   Transit facilities. Advertising and commercial signage shall be permitted at publicly-operated transit facilities, subject to the following requirements:

   1. 1.
      Sign area shall not exceed 24 inches by 36 inches in size.
   2. 2.
      Sign type shall be static content or scrolling content style. Flashing or audible signs shall not be permitted.
   3. 3.
      Signage shall be mounted on publicly-operated transit shelters, with a limit of one per shelter.
   4. 4.
      Signage shall not be located within any public right-of-way.
7. g.
   Cultural facility uses. Signage for cultural facility uses shall comply with the following requirements:

   1. 1.
      A low freestanding electronic or manual changeable copy sign shall be permitted for properties within the urban core planning area with frontage along an avenue as designated by Figure 4 of the DMP Zoning Atlas. The sign shall be located on the street frontage with the avenue designation or on a corner if both sides are designated as avenues, subject to the following requirements:

      1. a.
         Minimum setbacks .

         1. i.
            From lot line of another lot: 20 feet
         2. ii.
            From Avenue (back of curb): 32 feet
         3. iii.
            From intersections of streets with other streets and with access drives: as required by subsection 94-305(e)
      2. b.
         Dimension requirements:

         1. i.
            Maximum height: 24 feet
         2. ii.
            Maximum width: 40 feet
         3. iii.
            Maximum size per frontage: 400 square feet
      3. c.
         Architectural requirements:

         1. i.
            The sign shall not provide information relating to off-site events or performances.
         2. ii.
            Such sign shall change the message not more than once every five seconds.
         3. iii.
            Prohibited lighting for manual and electronic changeable copy signs:

            1. 1.
               Lamps or bulbs in excess of 30 watts.
            2. 2.
               Exposed reflectorized lamps or bulbs.
            3. 3.
               Lamps or bulbs not covered by a lens, filter, louver or sunscreen.
            4. 4.
               Modes of operation that flash.
            5. 5.
               No zooming, twinkling, sparkling, scintillating or revolving sequencing may be displayed. No display or illumination resembling traffic signals or colors used by police or implying the need or requirement to stop may be displayed. Video shall not be permitted.
         4. iv.
            Signs shall not produce noise such as audio tracks, sound effects, etc.
         5. v.
            Signs shall not be allowed to project video.
      4. d.
         Only one low freestanding electronic or manual changeable copy sign, shall be permitted for each cultural facility. A corner sign shall be counted as one sign. If a low freestanding sign is proposed, no wall mounted sign shall be permitted.
   2. 2.
      A wall-mounted electronic or manual changeable copy sign shall be permitted for cultural facility uses within urban core planning area districts, special districts planning area and residential enclaves planning area, except within residential subdistricts, subject to the following requirements:

      1. a.
         Dimension requirements:

         1. i.
            Maximum height: 7 feet.
         2. ii.
            Maximum width: 60 percent of applicable storefront width.
      2. b.
         Architectural requirements:

         1. i.
            Such sign shall change the message not more than once every five seconds.
         2. ii.
            Prohibited lighting for manual and electronic changeable copy sign:

            1. 1.
               Lamps or bulbs in excess of 30 watts.
            2. 2.
               Modes of operation that flash.
            3. 3.
               No zooming, twinkling, sparkling, scintillating or revolving sequencing may be displayed. No display or illumination resembling traffic signals or colors used by police or implying the need or requirement to stop may be displayed. Video shall not be permitted.
         3. iii.
            Permitted lighting:

            1. 1.
               Exposed bulbs are permitted along the perimeter of the sign, but shall not twinkle or rotate in sequence.
         4. iv.
            Signs shall not produce noise such as audio tracks, sound effects.
         5. v.
            Signs shall not be allowed to project video.
      3. c.
         Such wall mounted sign shall count towards the total size permitted for all wall mounted sign bands for the building frontage.
      4. d.
         Only one such electronic or manual copy wall mounted sign shall be permitted per cultural facility. A corner sign shall be counted as one sign.

(Ord. No. 4213-09, § 6 (Exh. A), 6-29-2009; Ord. No. 4380-11, § 1, 11-14-2011; Ord. No. 4417-12, § 1, 4-16-2012; Ord. No. 4820-18, § 3, 1-28-2019; Ord. No. 4858-19, § 1 (Exh. A), 09-09-2019; Ord. No. 5073-23, § 4, 12-27-2023) 

1. a.
   Intent. The parking requirements shall reduce the visual impact of parking uses and encourage creative alternatives to reduce the area dedicated to parking, avoid conflicts between vehicles and pedestrians, and preserve and enhance pedestrian activity within the downtown.
2. b.
   General parking requirements.

   1. 1.
      Parking shall comply with Table IV-9. Uses not listed on this table shall comply with the parking requirements according to Table XV-6.
   2. 2.
      Parking requirement calculations shall be based on net interior area.
   3. 3.
      Parking reductions may be combined. However, the combination shall not result in a reduction of more than 25 percent from the requirements which would apply in the absence of all reductions. Any parking reductions above 25 percent of the required parking shall obtain DAC approval.
   4. 4.
      Guest parking shall comply with Table IV-9. Guest parking shall be designated and prominently marked on-site as "Guest Parking" and shall not be restricted in any manner to use by a single tenant, owner, unit, or other user.
   5. 5.
      Within the urban core and special districts planning areas, lots which are less than 55 feet in lot frontage are not required to provide parking.
   6. 6.
      Any portion of the parking area which exceeds the maximum parking ratio shall be included in the calculations of gross building area. This shall include stalls and all associated circulation areas.
   7. 7.
      Parking spaces for disabled shall be provided according to subsection 94-485(o).
3. c.
   Parking stall dimensions. Parking stall dimensions shall comply with the general parking standards according to Figure XV-2 in section 94-485. Additional requirements are as follows:

   1. 1.
      In those cases where the side of any stall is adjacent to a wall, fence, building, or other physical obstruction, the stall widths shall be increased by a minimum of one foot. Where there is an obstruction on both sides of the stall, the stall widths shall be increased by a minimum of two feet.
   2. 2.
      A minimum three-foot back up area shall be provided at the terminus of any dead-end drive aisle to allow for vehicles to safely pull out of the end parking spaces. In addition, the equivalent of one parking space at the terminus of a dead-end aisle shall be striped as a dedicated pull-in area for turning around.
4. d.
   Shared parking. Shared parking is permitted in all planning areas. For proposed developments with two or more distinguishable uses as listed in Table IV-10, the minimum total number of required parking spaces shall be determined by the following procedure:

   Minimum parking spaces required by the shared parking calculation shall not be marked as designated spaces for a particular use.

   1. 1.
      Utilize Table IV-9 to determine the minimum parking requirement for each individual use.
   2. 2.
      Multiply the minimum parking requirement for each individual use by the appropriate percentage for each of the five designated time periods listed in Table IV-10.
   3. 3.
      Add the resulting minimum parking requirement for each of the five designated time periods to obtain five totals of minimum parking requirements.
   4. 4.
      The minimum parking requirement shall be the highest sum among the five columns resulting from the above calculation.
5. e.
   Tandem parking.

   1. 1.
      For commercial uses, tandem parking spaces shall be counted as one space unless there is a valet attendant in charge of the operation of the parking facility during all operating hours, and such requirement is established through a restrictive covenant. All restrictive covenants and other documents required to be recorded shall be on city approved forms, and recorded in the public records.
   2. 2.
      For residential uses, tandem parking, if provided, may count as two spaces, provided both spaces are dedicated to the same residential unit, and a restrictive covenant is recorded on city approved forms, and recorded in the public records.
6. f.
   On-street parking. Existing or proposed on-street parking spaces may count toward required parking when approved by the city parking administrator and the city traffic engineer. Only full length parking spaces located immediately along the proposed development's lot frontages may be counted.
7. g.
   Off-site parking. Off-site parking shall be permitted. Off-site parking may count toward required parking, and shall comply with the following conditions:

   1. 1.
      Off-site parking shall be located within 700 feet of the proposed development. The distance separation shall be measured by following a straight line from the property line on which the primary use is located to the property line where the off-site parking is proposed.
   2. 2.
      A restrictive covenant shall be required for the purpose of ensuring that the required parking is provided. Such restrictive covenant shall be executed by owners of the properties concerned. All restrictive covenants and other documents required to be recorded shall be on city approved forms, and recorded in the public records.
   3. 3.
      The location and number of off-site parking spaces shall require approval by DAC.
8. h.
   Payment-in-lieu. Proposed developments within the DMP may accommodate their required parking by making payment for each required parking space into the downtown parking trust fund. The fee per parking space is based upon the current construction cost of structured parking, as determined by the city parking administrator, and paid at the time of building permit application. Payment into the downtown parking trust fund is not payment for and does not provide the right to any parking space(s) in any city facility.
9. i.
   Bicycle racks and bicycle storage. In support of a variety of sustainable transit options in the downtown area, bicycle racks and storage shall be required as follows:

   1. 1.
      Bicycle racks and bicycle storage for commercial uses. Commercial developments, including hotel uses, shall provide (i) secure bike racks and/or storage at a ratio of one bicycle parking space per every 15 parking spaces provided and (ii) a minimum of one shower and changing facility shall be provided to be available for all tenants and shall be located within the building, or within 200 feet of the building entrance, for developments greater than 50,000 square feet in gross building area.
   2. 2.
      Bicycle racks and bicycle storage for residential uses. One bicycle parking space shall be provided per every 15  parking spaces provided. Required residential bicycle parking spaces shall be provided in a secured area, covered from the elements.
   3. 3.
      Mixed-use developments. Mixed-use developments shall provide secure bicycle parking spaces for both the commercial, including hotels, and residential components of the development as calculated separately pursuant to the requirements of this section.
10. j.
    Motorcycle parking. Up to eight motorcycle parking spaces may be permitted in lieu of four standard parking spaces and may count toward the required total parking. A minimum of ten parking spaces shall be provided before any motorcycle spaces can replace a required parking spaces. Motorcycle shall be a minimum of four feet wide and eight feet long.
11. k.
    Mechanical and automated parking.

    1. 1.
       Parking structures with mechanical parking shall provide a commercial attendant during the operating hours of the facility. Such operation shall be enforced through a restrictive covenant recorded in the public records. All restrictive covenants and other documents required to be recorded shall be on city approved forms, and recorded in the public records.
    2. 2.
       Automated parking shall not be penalized for exceeding the maximum required number of parking spaces and the additional spaces shall not count toward the FAR calculations.
12. l.
    Valet parking. Valet parking may be permitted subject to approval by the city parking administrator. In those cases where the valet service utilizes existing or proposed on-street parking for drop-off or pick-up, the applicant shall pay for the use of those occupied spaces in the amount as established by the city and in locations approved by the city parking administrator.
13. m.
    Loading and maneuvering. When provided, loading areas shall comply with the following requirements:

    1. 1.
       Loading for all proposed developments shall occur internal to the building footprint or from the adjacent alley and shall be visually screened from public view. For existing developments or developments which, due to their size, cannot accommodate internal circulation as determined by the planning director, and which do not have alley access, the owner may make arrangements with the city to designate on-street parking as a loading zone subject to the approval of the city parking administrator.
    2. 2.
       Public rights-of-way shall not be utilized for maneuvering associated with building loading access.
    3. 3.
       Proposed developments on lots more than 50,000 square feet shall comply with the minimum loading requirements in subsection 94-485(p).
14. n.
    Passenger loading and drop-off.

    1. 1.
       Passenger loading and drop-off shall comply with Table IV-11.
    2. 2.
       On-street passenger loading and drop-off. On-street passenger loading and drop-offs may be permitted when proposed or existing developments cannot reasonably provide this function within the building structure, as determined by the planning director. On-street passenger loading and drop-offs shall be permitted within the areas designated for on-street parking with the following conditions:

       1. a.
          An on-street passenger loading and drop-off permit must be obtained from the city parking administrator.
       2. b.
          For each proposed development, there shall be no more than one on-street passenger loading and drop-off area per lot frontage.
       3. c.
          The city parking administrator shall determine the dimensions of the on-street passenger loading and drop-off areas based on the proposed development project.
    3. 3.
       Porte cochere passenger loading and drop-off.

       1. a.
          Porte cochere passenger loading and drop-off shall comply with the requirements of Table IV-11 and Figure IV-22.
       2. b.
          Designated passenger loading and drop-off areas shall be set back a minimum of 16 feet from the back of curb, shall be separated from the sidewalk by a 5 foot wide landscape buffer and shall be subject to approval by the city traffic engineer.
       3. c.
          Porte cocheres shall be integrated and consistent with the overall building design.
       4. d.
          When provided, overhead cover, such as canopies, shall not be freestanding.
       5. e.
          Porte cocheres shall generally occur at the same elevation as the adjacent street and are limited to one occurrence per building frontage.
       6. f.
          Porte cocheres are subject to minimum standards depending on subdistrict location and adjacency to a street designation and are separated into two types which are illustrated in Figure IV-22. Type A and Type "B" porte cocheres shall be allowed for class A office buildings and hotels only.
    4. 4.
       Cross-block passenger loading and drop-off.

       1. a.
          Cross-block passenger loading and drop-off shall comply with the requirements of Table IV-11.
       2. b.
          Passenger loading and drop-off areas shall occur within the footprint of the building envelope.
15. o.
    Curb cuts, parking entrances, and driveways.

    1. 1.
       Curb cuts for parking entrances, and driveways shall comply with the requirements of section 94-109 and shall be permitted according to Table IV-11.
    2. 2.
       Parking entrances may be permitted on avenues in those cases where the only street frontage available is an avenue.
    3. 3.
       Curb cuts, parking entrances, exits, and driveways shall not be wider than 25 feet as measured parallel to the street at the curb.
    4. 4.
       Curb cuts, parking entrances, exits, and driveways shall be separated at least 10 feet to minimize the impact of contiguous curb cuts on the pedestrian environment.
16. p.
    Queuing. Not less that 20 linear feet shall be provided for car queing, shall occur internal to the lot, and shall not interfere with pedestrian circulation on a public sidewalk.
17. q.
    Parking structures.

    1. 1.
       Parking structure entrances. All parking structure entrances facing a street frontage shall be required to treat the interior portion of the garage entry to a depth of at least 20 feet from the building facade. Treatment may include, but shall not be limited to, stucco or plaster, finished and painted comparable to a habitable space. All mechanical, electrical, and plumbing systems shall be covered or screened.
    2. 2.
       Parking ramp maximum slope. Maximum slopes for parking ramps shall be in accordance with ADA requirements and shall not exceed six percent. Non-parking ramps shall not exceed 16 percent. If the ramp is greater than 14 percent, a break-over transition shall be required. The preferred standard is ten percent for non-parking ramp slopes.
    3. 3.
       Where possible, circulation ramps shall be internalized to avoid visibility of the ramps from the street or public areas.
    4. 4.
       Parking on exposed roof surfaces is discouraged. If proposed, parking on exposed roof surfaces shall comply with the following regulations:

       1. a.
          A minimum of 30 percent of the total parking garage roof deck surface shall be covered with vegetated area. Plant materials shall be planted in appropriately sized and irrigated planter boxes.
       2. b.
          Trees may be counted as part of the 30 percent area, and square footage credit shall be calculated according to Table IV-8: Tree Canopy Standards. Trees shall be planted in appropriately sized and irrigated planter boxes.
       3. c.
          Covered structures such as, but not limited to trellis, canvas and vertical circulation structures may be counted as part of the 30 percent area requirement, or utilized to comply with the totality of the 30 percent requirement.
       4. d.
          The vegetated and/or screening structure requirement can be administratively eliminated if the entire surface of the garage deck is treated with an artistic design that enhances the visual appearance of the garage deck; and each of the following conditions are met:

          1. 1.
             The required public open space at ground level shall be increased in an amount equal to ten percent of the exposed roof parking garage area; and
          2. 2.
             The roof deck artistic design shall be considered a mural, and shall comply with all of the city's requirements for murals according to the City Code; and
          3. 3.
             The roof deck artistic design shall not be counted as part of the required one percent Art in Public Places.
       5. e.
          Exposed parking garage lighting shall be designed in a way that light does not spill over the parapet wall of the garage.
18. r.
    Surface parking lots. All new surface parking lots shall comply with the following standards:

    1. 1.
       Landscape buffers shall be provided in accordance with subsection 94-113(f)
    2. 2.
       If fencing is utilized, it shall be decorative aluminum or similar metal, masonry, or stucco on masonry.  Vinyl-coated chain link fence may be allowed if permitted within the district.
19. s.
    Trash pick-up service. All proposed developments shall comply with the minimum standards necessary to allow for efficient and effective trash pick-up service pursuant to the city's public works department.
20. t.
    Parking Requirements for the Okeechobee Business District.

    1. 1.
       Properties located within the Okeechobee Business District are not required to provide parking. If parking is provided, the maximum number of parking spaces provided shall be regulated by Table IV-9a, and the provisions in this subsection.
    2. 2.
       Soft maximums parking requirements represent parking ratios allowed by right.
    3. 3.
       Hard maximums parking requirements represent parking ratios allowed if the project complies with the requirements described under both subsection (4) and (5) below if applicable. Any increase in parking ratios will require payment to the transit operation fund before any parking increase can be claimed through use of the transportation demand management initiatives in Table IV-8a.
    4. 4.
       If a developer wishes to exceed the soft maximum parking ratios, the project shall contribute to the transit operation fund. Contribution to the transit operation fund, in the requisite amount, shall allow the soft maximum parking ratio to be increased 50% above the established soft maximum. The amount of the contribution, and the required monitoring and compliance, will be established by resolution of the city commission.
    5. 5.
       If a developer wishes to increase the number of parking spaces above the number provided through contribution to the transit operation fund, the project shall comply with one of the following options:

       1. i.
          Design at least one parking garage level in a way that it can be converted into usable space once the parking demand is lower. A 10% increase of the soft maximum parking ratio will be allowed per parking level.
       2. ii.
          Comply with Transportation Demand Management (TDM) initiatives that enhance the mobility in downtown and create more walkable development patterns. The implementation of each transportation demand management initiative will allow additional parking spaces for the project as indicated in Table IV-8a. The developer will be required to enter into an agreement with the city for the implementation and monitoring of each of the TDM strategies adopted for the project.

(Ord. No. 4213-09, § 6 (Exh. A), 6-29-2009; Ord. No. 4619-16, § 3, 3-28-2016; Ord. No. 4674-16, § 3 (Exh. C), 2-27-2017; Ord. No. 4708-17, § 5 (Exh. A), 6-19-2017; Ord. No. 4789-18, § 3 (Exh. A), 7-30-2018; Ord. No. 4785-18, § 1 (Exh. A), 08-13-2018; Ord. No. 4864-19, § 1 (Exh. A), 09-09-2019; Ord. No. 4986-21, § 4 (Exh. A), 02-07-2022; Ord. No. 5027-22, § 5, 01-09-2023)

1. a.
   Intent. Standards for alleys and rights-of-way provide guidelines for new streets and alley vacation to enhance pedestrian and vehicular circulation, to provide safe service access for buildings, and to encourage a variety of building scales.
2. b.
   Vacating alleys and rights-of-way.

   1. 1.
      Alleys.

      1. a.
         Abandonment requests shall comply with Chapter 78, Article VII - Vacating and Closing Street and Alleys.
      2. b.
         Alley rights-of-way shall not be vacated in any R subdistrict.
      3. c.
         Vacation of alley rights-of-way shall be discouraged; however, proposed developments seeking to vacate alleys in all other subdistricts, and shall comply with the following requirements:

         1. 1.
            Any proposed development seeking to vacate an alley or any portion of an alley shall be subject to a special review by DAC, with the DAC recommendation forwarded to the city commission for final decision.
         2. 2.
            Proposed developments which vacate an alley shall have all services, including but not limited to loading, trash removal and general services, internalized and screened from public view.
         3. 3.
            Proposed developments which vacate an entire alley within a block shall provide an open space equal to the size of the vacated alley at a ratio of 1:1 and shall meet the criteria of the open space standards of section 94-109. The area provided shall be in addition to the minimum open space requirement defined in the building requirements tables.
         4. 4.
            Proposed developments which vacate portions of alleys shall reconfigure the alley to maintain two separate access points for entry and exit from the development onto the street. The reconfigured alley shall have the minimum dimensions recommended by the city's engineering services department.
   2. 2.
      Rights-of-way.

      1. a.
         Abandonment requests shall comply with Chapter 78, Article VII - Vacating and Closing Street and Alleys.
      2. b.
         Vacation and relocation of rights-of-way shall be discouraged.
      3. c.
         Any proposed development seeking to vacate or relocate a right-of-way shall be subject to a special review by DAC, with the DAC recommendation forwarded to the city commission for final decision.
3. c.
   New streets. Where designated by the zoning atlas, new streets are encouraged to improve connectivity. In certain conditions, the dedication of new street right-of-way may be necessary to utilize incentive programs. Dedicated ROWs may be used to calculated FAR on subject property.
4. d.
   Installation of public utilities. All proposed developments equal to or greater than 50,000 gross square feet shall have all public utilities service connections, including telephone, cable and electric distribution service installed underground.

(Ord. No. 4213-09, § 6(Exh. A), 6-29-2009)

1. a.
   Intent. Streetscape requirements provide specific design standards for all public streets to enhance the quality of the public realm and develop a system of pedestrian-oriented streets, walkways, and open spaces.
2. b.
   Exterior lighting. All buildings shall provide exterior lighting every night from dusk to dawn to illuminate building entrances, adjacent sidewalks, and paths, at a minimum of 0.6 footcandles as measured at the back edge of the curb and one foot above the sidewalk. This measurement shall include light emanating from public and private sources. Unshielded light fixtures shall be prohibited.
3. c.
   Site visibility triangle requirements. Landscaping shall be installed in accordance with the clear vision requirements of subsection 94-305(e). However, for downtown master plan purposes, the setback measurement shall be from the back of curb, except in R subdistricts, where it shall be measured from the property line.
4. d.
   Streetscape requirements. Streetscapes shall be designed to provide consistency for each corridor, as established by the street hierarchy and district character. Required building setbacks shall be designed to include features such as, but not limited to, sidewalks, street trees, tree grates, base planting, landscape buffers, and lighting as approved by the city to support the particular district character. All streetscape requirements are applicable to any new construction, renovation or addition with a construction cost equal or above 50% of the property's improvement value as indicated by the Palm Beach County Property Appraiser's Office.  All portions of private development improvements located within the minimum required setback including private property and/or the right-of-way shall comply with the following:

   1. 1.
      Sidewalks. A sidewalk with a minimum of eight feet clear width shall be provided along the building frontage. Sidewalk width may be reduced to five feet within the residential districts. Private sidewalks which serve as an extension of the public sidewalk shall comply with the streetscape requirements, shall match the public sidewalk in design and material, and shall provide a seamless transition between the two.
   2. 2.
      Street trees. Street trees shall be installed adjacent to the curb at a maximum of 30 feet on center along all streets. Adjustments may be authorized by planning staff due to site constraints.  Tree species shall be approved by the city's landscape planner, and shade trees shall be preferred. Smaller tree species shall be spaced closer together as appropriate to provide continuous tree canopy over the sidewalk.  Trees shall be a minimum of 20 feet in height, and have a minimum of eight feet clear trunk, or as approved by the city. Structural soil shall be installed meeting the city approved standards as a minimum requirement under adjacent paved areas, or suspended pavement soil cell systems may be installed as an alternative.
   3. 3.
      Tree grates and base planting. Trees shall be planted within planting beds which shall have a minimum of four feet in width between the curb and the required sidewalk.  Planting beds shall be planted with shrubs or groundcover as appropriate.  Pass-through areas shall be provided for parking space access to the sidewalk.  Tree grates shall only be used where required to meet minimum sidewalk width.  Tree grates shall comply with the city standard.
   4. 4.
      Street lights. Street lighting shall be provided to attain the appropriate footcandle measurement necessary for safe pedestrian and vehicular movement. Light fixture and poles shall meet the city approved standard.
   5. 5.
      Other street furniture. Additional street furniture, as approved by the city, shall comply with city approved standards.
   6. 6.
      Irrigation. All street trees and landscaped areas within minimum required setback and the right-of-way shall have irrigation provided from the adjacent property, as provided in the approved site plan or approved landscape plan.
   7. 7.
      Maintenance. The property owner and their successors or assigns shall be responsible for the installation and maintenance of landscaping, tree grates, structural soil and irrigation, as provided in the approved site plan or approved landscape plan. A maintenance agreement with the city shall be required.
   8. 8.
      Transit amenities. Existing transit stops shall be maintained and improved to meet city approved standards.
   9. 9.
      Bicycle parking. Bicycle parking shall be provided at a minimum of one space per every 100 feet of street frontage. Specifications shall meet city approved standards and may be waived if similar facilities are already provided within the same block.
   10. 10.
       Driveways and curb cuts. Driveways and curb cuts shall be designed to minimize the negative impact in the pedestrian path of travel. Driveways shall maintain the sidewalk elevation when possible, and meet city approved standards.
5. e.
   General landscape requirements. The intent of this section is to provide standards for landscaping open space areas when required by this chapter. All open space, excluding vehicular and pedestrian circulation features and surface parking, shall be covered with grass, ground cover, shrubbery, or other suitable plant material, or may have paved active recreation areas, patios, terraces, pedestrian circulation areas, swimming pools, water features, and similar site components incorporated in the open space designs. All open space shall comply with requirements of section 94-109 and shall be subject to the following requirements:

   1. 1.
      [Landscape plans.] Landscape plans shall be prepared by, and bear the seal of, a landscape architect licensed to practice in the State of Florida, or by persons authorized by F.S. ch. 481, pt. II regarding landscape architecture. Residential landscape improvements for single-family dwelling units or for multifamily units up to ten units, with estimated permit value of less than $2,500.00, shall be exempt from this requirement.
   2. 2.
      Exemptions. These general landscape requirements will not be applicable to proposed renovations, repair, or alteration to a structure when such improvements will not exceed 50 percent of the value of the structure and significant landscape improvements are not proposed.
   3. 3.
      Amount of plant material required. The total open space area provided shall determine the number of trees and shrubs to be planted. The total amount of plant material required shall not be affected by that portion of the open space area devoted to active recreation purposes, patios, terraces, pedestrian circulation, and similar amenities.
   4. 4.
      Curbs and wheel stops. All landscaped areas and plant materials within or adjacent to vehicular use areas shall be protected from vehicular encroachment by wheel stops, curbs, or other similar devices. This requirement, however, shall not apply to single-family units within the R subdistricts.
   5. 5.
      Landscaping of private land and public rights-of-way. Private land and public rights-of-way between street or sidewalk surfaces and required buffer strips and landscaped open space areas shall be planted with grass or other plant materials. Grass areas, when provided, shall be sodded. The planting of trees and shrubs within public rights-of-way is subject to the approval of the city.
   6. 6.
      Subdistrict landscape requirements. Open spaces provided in all subdistricts shall comply with the open space standards of Table IV-7. Front yard setbacks for properties within the R-subdistricts shall comply with section 94-482. Landscaping for properties within the R- subdistricts shall comply with the requirements of ARTICLE XIV of this chapter.
   7. 7.
      Maintenance. The property owner shall be required to maintain all landscaping as provided in the approved site plan or approved landscape plan.
6. f.
   Surface parking lots. All off-street surface parking lots shall meet the following landscaping requirements:

   1. 1.
      Setbacks and landscape buffer. Surface parking lots shall meet the minimum ground floor setback requirements as provided in the subdistrict building requirements table. A five-foot landscape buffer shall be provided in addition to the ground floor setback to visually screen parking areas. The landscape buffer shall be comprised of a hedge planted at two-foot to three-foot intervals and maintained at a maximum height of 36 inches at maturity. Shade trees shall be planted at 30-foot intervals. A five-foot landscape buffer shall also be provided meeting these requirements for the entire perimeter of the surface lot. Surface parking areas located behind buildings are exempt from the front setback landscape requirements.
   2. 2.
      Terminal islands, interior islands and divider medians. All other parking area landscaping shall meet the requirements of Chapter XIV.
7. g.
   Buffering of nonresidential uses adjoining residential property. The owner of property used for nonresidential purposes adjoining an R subdistrict shall install and maintain along the entire property line a protective screen wall and a landscaped buffer. For the purposes of this provision, nonresidential uses does not include park uses. Protective screen walls and buffers are required to meet the following requirements:

   1. 1.
      Landscape buffer. A minimum five-foot landscape buffer shall be provided adjacent to the property line abutting any R subdistrict. The landscape buffer shall be comprised of a hedge planted at two-foot to three-foot intervals and maintained at a maximum height of four feet at maturity. Shade trees shall be planted at 30-foot intervals.
   2. 2.
      Screen wall. A minimum four-foot high wall shall be provided adjacent to the property line abutting any R subdistrict. The screen wall shall be solid, and composed of brick, block, wood, or similarly durable material. Chainlink fences with slats shall not be permitted.
8. h.
   Outdoor mechanical equipment and disposal facilities. Outdoor mechanical equipment such as but not limited to, incinerators, fuel or propane tanks, chiller plants, and garbage or trash receptacles shall comply with subsection 94-315(a).  All wall mounted equipment shall be screened from view with a screen equal to the height of the equipment.

(Ord. No. 4213-09, § 1, 9-8-2009; Ord. No. 4690-16, § 4, 3-27-2017; Ord. No. 4885-19, § 4, 12-30-2019)

1. a.
   Intent. The urban core (UC) planning area is the central commercial, financial, and office core of the downtown where the most intense building development within the city, with a mix of uses including high density multifamily residential, high density office uses and ground floor active uses, is allowed.
2. b.
   Urban core planning area districts. The UC planning area includes the following districts: CityPlace DRI (CPD), Clearlake district (CLD), Cultural arts district (CAD), Okeechobee business district (OBD), Quadrille business district (QBD), Quadrille garden district (QGD), and transit oriented development district (TOD).
3. c.
   Urban core requirements. All proposed developments within the UC planning area shall adhere to the general development standards included in this article, and shall also comply with all the specific requirements for each particular district.

(Ord. No. 4213-09, § 6(Exh. A), 6-29-2009; Ord. No. 4785-18, § 2(Exh. B), 8-13-2018; Ord. No. 4785-18, § 2 (Exh. B), 08-13-2018)

1. a.
   Intent. The CityPlace DRI shall govern the CityPlace district (CPD). CityPlace is characterized as a mixed-used district, with a primary emphasis on retail along Rosemary Avenue. Its restaurants, entertainment, and retail uses support the convention center and the nearby CAD and serve as a southern attraction point to the adjacent QBD. The CPD, north of Okeechobee Boulevard, is primarily low-scale mixed-use, with low-scale residential west of Rosemary. The low-scale residential provides an alternative housing type not available elsewhere in the downtown, and should be maintained. The CPD is an existing PD that takes precedence over these regulations.

(Ord. No. 4213-09, § 6(Exh. A), 6-29-2009)

1. a.
   Intent. The ClearLake district (CLD) is characterized by a mixture of high-rise office and residential buildings. This district does not share the historic street grid pattern of the downtown; therefore, any new development is encouraged, to the maximum extent possible, to provide a pedestrian connection between the intermodal site on the east side of the district and Australian Avenue to the west.

   Clearwater Drive shall have a high percentage of tree canopy to provide shade and promote walkability. In addition, ground floor active uses and main building entrances are required on Clearwater Drive. A portion of the perimeter of Clear Lake will have a formal pedestrian pathway to enhance the water as a pedestrian asset.

2. b.
   Development characteristics.

   1. 1.
      Limited building footprints, footprint separation and side setbacks provide view corridors and opportunities for pedestrian connectivity across the district, especially between the intermodal transit site and Clear Lake.
   2. 2.
      Building amenities and entrances are encouraged to be located on the ground floor fronting Clearwater Drive to increase visual connections to the waterfront and enhance the quality of the public space at the ground floor.
   3. 3.
      Active uses are encouraged on all building facades fronting urban open space designations and on side setbacks wherever possible.
   4. 4.
      Ground floor active uses are encouraged fronting all pedestrian pathways.
   5. 5.
      Shared pedestrian pathways between adjacent lots are encouraged in lieu of fences separating lots.
   6. 6.
      Variations in building height are encouraged to promote a diverse skyline.
   7. 7.
      Towers are encouraged to be oriented toward Clearwater Drive, whenever possible.
   8. 8.
      Use of generous terraces and balconies to integrate indoor space with outside environment and to maximize water views is encouraged.
3. c.
   CLD subdistricts shall include: CLD-25.
4. d.
   Subdistrict requirements. Developments shall comply with Table IV-12.
5. e.
   Additional subdistrict requirements.

   1. 1.
      Uses.

      1. a.
         Ground floor residential, if provided, shall be raised a minimum of 18 inches above the sidewalk elevation.
   2. 2.
      Open space.

      1. a.
         Required side setbacks shall provide pedestrian pathways to promote pedestrian connections to the water and the intermodal site and to provide view corridors. These pathways shall have landscape improvements as specified in the open space standards in section 94-109.

(Ord. No. 4213-09, § 6(Exh. A), 6-29-2009)

1. a.
   Intent. As the main cultural and educational center within the downtown, the district shall be reinforced by the promotion of additional cultural and educational facilities with campus style development. The district is anchored by the Kravis Center for the Performing Arts, the Dreyfoos School of the Arts, and the Palm Beach County Convention Center. Stronger connectivity among the cultural facilities and CityPlace should be promoted by improving Sapodilla Avenue as the main pedestrian walking street with a high percentage of tree canopy to provide shade. In addition, the semi-public open space, which is part of the Dreyfoos School campus, should be protected.
2. b.
   Development characteristics.

   1. 1.
      Campus style development with large setbacks and public open spaces.
   2. 2.
      The public realm should be improved according to CPTED principles.
   3. 3.
      Buildings are encouraged to be connected by covered walkways.
3. c.
   CAD subdistricts shall include: CAD-5.
4. d.
   Subdistrict requirements. Developments shall comply with Table IV-13.
5. e.
   Additional subdistrict requirements.

   1. 1.
      Uses.

      1. a.
         Ground floor residential, if provided, shall be raised a minimum of 18 inches above the sidewalk elevation.

(Ord. No. 4213-09, § 6(Exh. A), 6-29-2009)

1. a.
   Intent. The Quadrille garden district is intended to function as a transition zone between the Quadrille business district and the waterfront. The greatest development intensity should be oriented towards Quadrille Boulevard to create a signature mixed-use corridor. Development should respect the scale of the pedestrian streets, Dixie Highway, and Olive Avenue. The preservation of existing Florida vernacular buildings is encouraged to commemorate the architectural heritage of the city. High percentages of tree canopy and landscaping are encouraged to provide a shaded public realm and a distinct garden character.
2. b.
   Development characteristics.

   1. 1.
      A high percentage of landscaping and tree canopy is encouraged to support the district's residential and garden character.
   2. 2.
      Ground floor residential is encouraged to promote pedestrian activity.
   3. 3.
      Active use liners are encouraged to incorporate two-story ground floor residential walk-up units, loft units with double height spaces, live/work units or traditional flats with oversized, inset balconies or outdoor areas to enhance the garden character of the district.
   4. 4.
      Rooftop gardens are encouraged.
   5. 5.
      Active uses are encouraged for all building frontages which face the historic county courthouse site on Dixie Highway.
3. c.
   QGD subdistricts shall include: QGD-25, QGD-10, and QGD-5.
4. d.
   Subdistrict requirements. Developments shall comply with the following:

   1. 1.
      Table IV-14: QGD-25.
   2. 2.
      Table IV-15: QGD-10.
   3. 3.
      Table IV-16: QGD-5.
5. e.
   Additional subdistrict requirements.

   1. 1.
      Uses.

      1. a.
         Ground floor residential, if provided, shall be raised a minimum of 18 inches above the sidewalk elevation.
   2. 2.
      Building placement.

      1. a.
         Towers shall be oriented toward Quadrille to frame the street and protect the scale of Dixie Highway.

(Ord. No. 4213-09, § 6(Exh. A), 6-29-2009; Ord. No. 4475-13, § 1, 7-22-2013)

1. a.
   Intent. The Quadrille business district is intended to be the main office core for downtown, and a link between the city's two main retail centers: CityPlace and Clematis Street. It includes the greatest capacity for commercial development and building heights in the downtown and focuses the most intense development along Quadrille Boulevard to create a signature office corridor. The city will enhance Quadrille Boulevard as an urban parkway through streetscape improvements. Incentives are offered for the dedication of right-of-way (ROW) which will allow for the construction of a new road adjacent to the west side of the FEC ROW between Gardenia Street and Clematis Street. The new road will create a frontage for the QBD and promote an active urban environment. Proposed development in the QBD should consist of iconic buildings which respect the scale of Clematis Street and Rosemary Avenue by stepping down building heights along those corridors. Rosemary shall be the main pedestrian street with active use liners and ground floor active uses. Additionally, this district shall create a strong connection with the Northwest Neighborhood by extending Douglass Avenue and Division Avenue as either full vehicular use streets or pedestrian passageways from 2nd Street to Banyan Boulevard.
2. b.
   Development characteristics. Building frontages adjacent to Rosemary Avenue shall reinforce the pedestrian character and activity of the street.
3. c.
   1. 1.
      Class A office uses are encouraged.
   2. 2.
      Architectural design should be reflective of a signature office district through the use of iconic forms to promote a unique skyline and to help brand downtown as an office core.
   3. 3.
      High quality buildings materials are encouraged, such as generous glass panels, shading devices or sunscreens, stone, and metal panels.
   4. 4.
      Transparency in the form of generous glass openings and/or innovative curtain wall systems that range from transparent to opaque are encouraged to maximize daylighting and views into occupied areas of the buildings to improve indoor environmental quality (IEQ).
4. d.
   QBD subdistricts shall include: QBD-10, QBD-8, QBD-5, and QBD-3.
5. e.
   Subdistrict requirements. Developments shall comply with the following:

   1. a.
      Table IV-17: QBD-10.
   2. b.
      Table IV-18: QBD-8.
   3. c.
      Table IV-19: QBD-5.
   4. d.
      Table IV-20: QBD-3.
6. f.
   Additional subdistrict requirements.

   1. 1.
      Uses.

      1. a.
         Ground floor residential, if provided, shall be raised a minimum of 18 inches above the sidewalk elevation.
      2. b.
         For all building frontages, except those adjacent to Rosemary Avenue, buildings that have a class A office primary use greater than or equal to 60 percent of the total gross building area shall not be required to provide active use liners above the ground floor, but shall be required to provide architectural treatment to extend the facade of the office tower such that the office tower is perceived as having one continuous uninterrupted facade from the ground floor to the top of the building for 100 percent of the tower building frontage
   2. 2.
      Special requirements.

      1. a.
         Proposed developments fronting the FEC ROW utilizing any incentive program shall accommodate the new FEC Road pursuant to section 94-133 to create a street frontage for the proposed development.
      2. b.
         Proposed developments utilizing any incentive program shall accommodate the extension of Division and Douglas Avenues north of Banyan Boulevard to enhance connectivity to the Northwest Neighborhood. Division Avenue and Douglass Avenue may be extended as full vehicular use streets or as pedestrian passageways.
      3. c.
         Towers should be articulated to extend to the ground floor to accentuate the vertical proportion and the appearance of a slender tower.
      4. d.
         Between Banyan Boulevard and Clematis Street, proposed developments shall accommodate pedestrian cross-block walkways aligned with the Division and Douglas Avenue extensions to enhance pedestrian circulation.
      5. e.
         Main building entrances to lobbies and common areas shall have a high quality design entrance canopy. Double height space lobbies and common areas should be incorporated for class A office uses.
      6. f.
         Tower orientation shall be toward Quadrille Boulevard. When more than one tower is provided, this provision shall apply to the tower with the greatest height and floorplate area.
      7. g.
         Colonnades. Colonnades shall be limited to Rosemary Avenue building frontages only and shall comply with section 94-109 and Table IV-5.

(Ord. No. 4213-09, § 6 (Exh. A), 6-29-2009; Ord. No. 4448-13, § 2, 2-4-2013;Ord. No. 4904-20, § 1 (Exh. A), 09-21-2020)

1. a.
   Intent. The TOD district provides the opportunity for an exemplary pedestrian-friendly neighborhood with sustainable and environmentally responsive buildings and infrastructure. The district's close proximity to public transportation in an area of the downtown which is largely undeveloped will support a variety of multifamily housing types for a broad range of incomes. The combination of accessibility to public transit and housing will shape this district as an active mixed-use neighborhood. Connectivity will be enhanced through the introduction of new streets. Proposed developments should promote walkable streets by providing ground floor active uses and open space through reduced parking capacities.
2. b.
   Development characteristics.

   1. 1.
      Division and Douglas Avenues shall be extended, where possible, to reduce the overall length of the blocks and enhance connectivity pursuant to section 94-133.
   2. 2.
      The open space requirement for multiple proposed developments may be consolidated into one centralized open space for the entire district.
   3. 3.
      Buildings and infrastructure should be sustainable and responsive to the environment to support the district as a sustainable neighborhood.
   4. 4.
      Mixed-income housing and service-oriented retail are encouraged to support the district as a sustainable neighborhood.
   5. 5.
      Retail uses may include small neighborhood retailers such as small service retail, and destination retail such as specialty retailers and grocery stores.
   6. 6.
      Pedestrian pathways should be used to enhance connectivity to transit, the Quadrille business district, CityPlace, and Clematis Street.
   7. 7.
      Active uses are encouraged for all building frontages which face the Dreyfoos School's open space sending site.
3. c.
   TOD subdistricts shall include: TOD-25, TOD-10, and TOD-8.
4. d.
   Subdistrict requirements. Developments shall comply with the following:

   1. 1.
      Table IV-21: TOD-25.
   2. 2.
      Table IV-22: TOD-10.
   3. 3.
      Table IV-23: TOD-8.
5. e.
   Additional subdistrict requirements.

   1. 1.
      Uses.

      1. a.
         Ground floor residential, if provided, shall be raised a minimum of 18 inches above the sidewalk elevation.
   2. 2.
      Building placement.

      1. a.
         Towers shall be oriented toward Tamarind Avenue to frame the street and to reinforce the corridor as a gateway to public transportation.
   3. 3.
      Open space.

      1. a.
         Consolidated open space. The open space requirement for multiple proposed developments may be consolidated into one centralized public open space for the entire development subject to the following requirements:

         1. i.
            Consolidated public open space shall be located within the district.
         2. ii.
            The public open space shall be developed by one entity. One entity shall be defined as either a single owner or a group of owners which form a legal partnership for the purpose of consolidating their public open space requirements.
         3. iii.
            Consolidated public open space shall be developed and open for use prior to issuance of a certificate of occupancy of the building or buildings for which the public open space is required.
         4. iv.
            Provisions for the maintenance of the open space shall be determined and documented in a written agreement with the city prior to the issuance of the first certificate of occupancy.
         5. v.
            Consolidated public open space shall be improved as a garden plaza pursuant to Table IV-7.
   4. 4.
      Parking.

      1. a.
         Parking shall be provided pursuant to section 94-111 and Table IV-9. Requirements may be reduced up to 25 percent.
      2. b.
         Interim surface parking. Interim surface parking lots for phased developments shall be permitted subject to the following conditions:

         1. i.
            Interim surface parking lots shall comply with all general development standards.
         2. ii.
            Interim lots shall be set back 20 feet from the lot line. The setback shall be improved as a landscape buffer.
         3. iii.
            A phased development site plan shall be submitted for design review and approval when the proposed development is submitted to the Plans and Plats Review Committee (PPRC) for site plan approval.
         4. iv.
            Construction of interim lots shall commence only upon receipt of a building permit for the first phase of the proposed development.
         5. v.
            The surfacing, drainage, and striping of the interim surface parking lot shall comply with the regulations of ARTICLE XV of the zoning and land development regulations.

(Ord. No. 4213-09, § 6(Exh. A), 6-29-2009)

1. a.
   Intent. Special districts (SD) generally provide a transition in building scale among the districts within the urban core and residential enclave planning areas and require additional protection and consideration. They have a low and medium-scale and distinct characteristics which differentiate them from the urban core and the residential enclave planning areas. Their characteristics should be protected and enhanced to retain and preserve their special character. Clematis Street and Dixie Highway are the primary commercial corridors.
2. b.
   SD planning area shall include: Clematis waterfront district (CWD), Flagler waterfront district (FWD), North Railroad Avenue district (NoRA), and Loftin district (LD).

(Ord. No. 4213-09, § 6(Exh. A), 6-29-2009; Ord. No. 4986-21, § 4 (Exh. A), 02-07-2022)

1. a.
   Intent. As the historic retail corridor in downtown, the Clematis waterfront district (CWD) signifies one of the major community spaces for the city and provides a sense of identity for West Palm Beach.

   Within this district, Clematis Street is characterized as a low-scale, pedestrian-oriented street. Existing buildings contribute to the aesthetic, cultural, historic and economic value of downtown West Palm Beach. The city intends to create the Clematis Street conservation district (CWD-CD) including all lots fronting Clematis Street between Rosemary Street and Flagler Street, to preserve the character and scale of these buildings. New buildings and buildings alterations shall support the character and scale of the district. The park and fountain are integral to the district's character as it provides a central gathering space for downtown and serves as an extension of the waterfront.

2. b.
   Development characteristics.

   1. 1.
      Terraces in CWD-CD are encouraged to be programmed with activities such as outdoor dining or private gardens to animate buildings and public spaces.
   2. 2.
      Buildings in CWD-CD include local retailers, small and unique storefronts and buildings with restaurants, sidewalk cafes, specialty shops, and design stores, with second story retail, night clubs, residential, and offices uses.
   3. 3.
      Proposed developments in CWD-CD should have unique storefronts, as well as awnings and other shading devices which reinforce the main individual character of each building.
   4. 4.
      Outdoor restaurant seating is encouraged.
   5. 5.
      Ground floor retail is encouraged throughout the district.
3. c.
   CWD subdistricts shall include: CWD-10, CWD-5, and CWD-CD.
4. d.
   Subdistrict requirements. Developments shall comply with the following:

   1. a.
      Table IV-24: CWD-10.
   2. b.
      Table IV-25: CWD-5.
   3. c.
      Table IV-26: CWD-CD.
5. e.
   Additional subdistrict requirements.

   1. 1.
      Parking.

      1. a.
         Proposed developments within CWD-CD are not required to provide parking.
6. f.
   Special requirements.

   1. a.
      All proposed developments in CWD-CD shall be subject to a special review by the DAC.
   2. b.
      All structures within the CWD-CD shall qualify as sending sites for the TDR program.
   3. c.
      Maximum lot agglomeration within the CWD-CD is 25,000 square feet.
   4. d.
      Towers shall be oriented away from Clematis Street to preserve the scale of the corridor.
   5. e.
      Colonnades shall be limited to Rosemary Avenue building frontages only and shall comply with section 94-109 and Table IV-5.
   6. f.
      Passageways shall provide bollards, landscaping, or any other type of physical barrier where they intersect with an alley or public right-of-way for the purpose of separating and protecting pedestrians from vehicular traffic. Passageways may be secured and gated at night to enhance public safety. When such a measure is taken, all owners shall be required to provide an agreement to the city which specifies the time at which the passageway shall be closed to the public, provisions for lighting the passageway during these hours, and a maintenance plan.
   7. g.
      Pedestrian overhead connections shall be permitted over alleys to connect to parking structures to make the redevelopment of existing structures in CWD-CD more feasible.