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West Palm Beach City Zoning Code

ARTICLE V

- COMMERCIAL DISTRICTS

Contents:

Sec. 94-141. - Intent.

The intent of the citywide commercial districts is to allow a variety of commercial uses in selected areas throughout the city. The locations of commercial uses will vary depending on the intensity of use, existing patterns of use and proximity to existing or anticipated residential development. The commercial districts also will allow a wide range of commercial activities to be offered to city residents.

(Code 1979, § 33-61)

Sec. 94-142. - General development standards.

  • a.
    Use restrictions. Use restrictions in the commercial districts are set forth in ARTICLE IX of this chapter.
  • b.
    Parking and loading. Parking and loading facilities in the commercial districts shall be provided pursuant to ARTICLE XV of this chapter.
  • c.
    Landscaping. Landscaping in the commercial districts shall be provided pursuant to ARTICLE XIV of this chapter.
  • d.
    Signs. Signs in the commercial districts shall be regulated pursuant to ARTICLE XIII of this chapter.
  • e.
    Fences and walls. Fences and walls in the commercial districts shall be constructed pursuant to section 94-302.
  • f.
    Installation of public utilities. All public utilities service connections, including telephone, cable and electric distribution service in commercial districts shall be installed underground on all sites of 30,000 or more square feet. Also, commercial uses subject to the site design standards of section 94-35 shall install all utilities services connections underground.
  • g.
    Sidewalks. Sidewalks in commercial districts shall be constructed as follows:
    1. 1.
      Minimum sidewalk width: five feet.
    2. 2.
      Sidewalk paving requirements: All sidewalks shall be paved with concrete or other equally durable impervious surface as approved by the city engineer.
  • h.
    Visibility at intersections. Visibility at all intersections of public rights-of-way in commercial districts shall be provided pursuant to subsection 94-305(e).
  • i.
    District regulations. Regulations governing the height, bulk, mass and placement of structures in all commercial districts are provided in Table V-1.
  • (Code 1979, § 33-62)

    Sec. 94-143. - Office commercial (OC) district.

    Development standards in the office commercial (OC) district shall be as follows:

    1. 1.
      Minimum lot dimensions:
      1. a.
        Lot area: 5,000 square feet.
      2. b.
        Lot width: 50 feet.
    2. 2.
      Minimum setbacks:
      1. a.
        Front: 25 feet.
      2. b.
        Corner: 12.5 feet.
      3. c.
        Side: ten feet.
      4. d.
        Interior side: ten feet.
      5. e.
        Rear: 15 feet.
    3. 3.
      Maximum lot coverage by buildings: 60 percent.
    4. 4.
      Maximum lot coverage by impermeable surface: 85 percent.
    5. 5.
      Minimum required open space and landscape areas for nonresidential uses:
      1. a.
        Minimum required open space area: 40 percent.
      2. b.
        Minimum required landscape area: 15 percent.
    6. 6.
      Maximum building height. None. However, if a structure abuts a residential zoning district, the maximum height of the structure shall not exceed 30 feet except that structures abutting residential zoning districts in excess of 30 feet shall provide the following additional setbacks:
      1. a.
        One foot of height above 30 feet for each three feet of setback when abutting any single-family residential zoning district; or
      2. b.
        One foot of height above 30 feet for each two feet of setback when abutting any multifamily residential zoning district.
    7. 7.
      Minimum building separation. Zero feet or not less than ten feet.
    8. 8.
      Maximum floor area ratio:
      1. a.
        0.75 with a commercial (C) future land use designation.
      2. b.
        1.50 for a planned development with a commercial (C) future land use designation.
      3. c.
        0.75 with a commercial east (CE) future land use designation.
      4. d.
        1.50 for a planned development with a commercial east (CE) future land use designation.
    9. 9.
      Maximum density: 14 dwelling units per acre and are only permitted if the corresponding future land use designation is commercial east (CE).
    10. 10.
      Buildings or projects located on parcels with a commercial east (CE) future land use designation may develop either entirely with nonresidential uses, or as a mixed-use building or multiple-use project containing both nonresidential and residential uses. Projects shall not be developed entirely with residential uses.
    11. 11.
      Projects may be constructed up to the maximum nonresidential square footage allowed by the floor area ratio (FAR) and the maximum number of units allowed by the residential density. All nonresidential square footages shall be accounted for within the maximum allowed FAR. For the purposes of this section, FAR includes air-conditioned or fully enclosed storage spaces, enclosed areas on the rooftop such as bathrooms and lobbies, stairs and elevator areas, and external unenclosed circulation areas. The FAR calculation shall not include parking areas; unenclosed colonnades, porches and balconies; mechanical and electrical spaces; trash rooms; and storage spaces without windows and enclosed by surfaces that allow for natural ventilation or outside air circulation. The floor area shall be measured from the outside face of exterior walls.
    12. 12.
      More than 50 percent of the first floor of mixed-use buildings shall be used for nonresidential uses.

    (Code 1979, § 33-63; Ord. No. 4449-13, § 9, 3-19-2013)

    Cross reference— Businesses and business regulations, ch. 22.

    Sec. 94-144. - Neighborhood commercial (NC) district.

    Development standards for the neighborhood commercial (NC) district shall be as follows:

    1. 1.
      Minimum lot dimensions:
      1. a.
        Lot area: 5,000 square feet.
      2. b.
        Lot width: 50 feet.
    2. 2.
      Minimum setbacks:
      1. a.
        Front: five feet.
      2. b.
        Corner: five feet.
      3. c.
        Side: five feet, or 15 feet when abutting a residential zoning district.
      4. d.
        Rear: five feet, or 15 feet when abutting a residential zoning district.
    3. 3.
      Maximum lot coverage by buildings: 60 percent.
    4. 4.
      Maximum lot coverage by impermeable surface: 85 percent.
    5. 5.
      Minimum required open space and landscape areas for nonresidential uses:
      1. a.
        Minimum required open space area: 40 percent.
      2. b.
        Minimum required landscape area: 15 percent.
    6. 6.
      Maximum building height: 30 feet.
    7. 7.
      Minimum building separation: Zero feet or not less than ten feet.
    8. 8.
      Maximum floor area ratio:
      1. a.
        0.75 with a commercial (C) future land use designation.
      2. b.
        0.75 for a planned development with a commercial (C) future land use designation.
      3. c.
        0.75 with a commercial east (CE) future land use designation.
      4. d.
        0.75 for a planned development with a commercial east (CE) future land use designation.
    9. 9.
      Maximum density: 20 dwelling units per acre and are only permitted if the corresponding future land use designation is commercial east (CE).
    10. 10.
      Buildings or projects located on parcels with a commercial east (CE) future land use designation may develop either entirely with nonresidential uses, or as a mixed-use building or multiple-use project containing both nonresidential and residential uses. Projects shall not be developed entirely with residential uses.
    11. 11.
      Projects may be constructed up to the maximum nonresidential square footage allowed by the floor area ratio (FAR) and the maximum number of units allowed by the residential density. All nonresidential square footages shall be accounted for within the maximum allowed FAR. For the purposes of this section, FAR includes air-conditioned or fully enclosed storage spaces, enclosed areas on the rooftop such as bathrooms and lobbies, stairs and elevator areas, and external unenclosed circulation areas. The FAR calculation shall not include parking areas; unenclosed colonnades, porches and balconies; mechanical and electrical spaces; trash rooms; and storage spaces without windows and enclosed by surfaces that allow for natural ventilation or outside air circulation. The floor area shall be measured from the outside face of exterior walls.
    12. 12.
      More than 50 percent of the first floor of mixed-use buildings shall be used for nonresidential uses.

    (Code 1979, § 33-64; Ord. No. 4449-13, § 10, 3-19-2013)

    Cross reference— Businesses and business regulations, ch. 22.

    Sec. 94-145. - General commercial (GC) district.

    Development standards for the general commercial (GC) district shall be as follows:

    1. 1.
      Minimum lot dimensions:
      1. a.
        Lot area: 5,000 square feet.
      2. b.
        Lot width: 50 feet.
    2. 2.
      Minimum setbacks:
      1. a.
        Front: five feet if building is 50 feet or less in height; 20 feet for building height more than 50 feet, but less than 60 feet; six feet additional setback for each ten feet over 60 feet in height;
      2. b.
        Corner: five feet, except as provided in subsection 94-305(e);
      3. c.
        Side: five feet if building is 50 feet or less in height; 15 feet when abutting a residential district or when building height is more than 50 feet but less than 60 feet in height; six feet additional setback for each ten feet over 60 feet in height;
      4. d.
        Rear: five feet, or 15 feet when abutting a residential district.
    3. 3.
      Maximum lot coverage by buildings: 60 percent.
    4. 4.
      Maximum lot coverage by impermeable surface: 85 percent.
    5. 5.
      Minimum required open space and landscape areas:
      1. a.
        Minimum required open space area: 40 percent.
      2. b.
        Minimum required landscape area: 15 percent.
    6. 6.
      Maximum building height. None. However, if a structure abuts a residential zoning district the maximum height of that structure shall not exceed 30 feet. Structures abutting a residential zoning district in excess of 30 feet shall provide the following additional setback:
      1. a.
        One foot of height above 30 feet for each two feet of setback when abutting a single-family residential zoning district;
      2. b.
        One foot of height above 30 feet for each one foot of setback when abutting any multifamily residential zoning district.
    7. 7.
      Minimum building separation: Zero feet or not less than ten feet.
    8. 8.
      Maximum floor area ratio:
      1. a.
        0.75 with a commercial (C) future land use designation.
      2. b.
        1.00 for a planned development with a commercial (C) future land use designation.
      3. c.
        0.75 with a commercial east (CE) future land use designation.
      4. d.
        1.5 for a planned development with a commercial east (CE) future land use designation.
    9. 9.
      Maximum density:
      1. a.
        20 dwelling units per acre if in a commercial east (CE) future land use designation and residential is developed in conjunction with nonresidential development.
      2. b.
        32.27 dwelling units per acre if developed as a planned development in a commercial east (CE) future land use designation and residential is developed in conjunction with nonresidential development.
    10. 10.
      Buildings or projects located on parcels with a commercial east (CE) future land use designation may develop either entirely with nonresidential uses, or as a mixed-use building or multiple-use project containing both nonresidential and residential uses. Projects shall not be developed entirely with residential uses.
    11. 11.
      Projects may be constructed up to the maximum square footage allowed by the floor area ratio (FAR). All nonresidential and residential use square footages shall be accounted for within the maximum allowed FAR. For the purposes of this section, FAR includes air-conditioned or fully enclosed storage spaces, enclosed areas on the rooftop such as bathrooms and lobbies, stairs and elevator areas, and external unenclosed circulation areas. The FAR calculation shall not include parking areas; unenclosed colonnades, porches and balconies; mechanical and electrical spaces; trash rooms; and storage spaces without windows and enclosed by surfaces that allow for natural ventilation or outside air circulation. The floor area shall be measured from the outside face of exterior walls.
    12. 12.
      More than 50 percent of the first floor of mixed-use buildings shall be used for nonresidential uses.

    (Code 1979, § 33-65; Ord. No. 4449-13, § 11, 3-19-2013)

    Cross reference— Businesses and business regulations, ch. 22.

    Sec. 94-146. - Commercial marine (CM) district.

  • a.
    Use restrictions. The following uses are permitted within the commercial marine (CM) district: Uses permitted are listed in ARTICLE IX of this chapter.
  • b.
    Development standards. Development standards for the commercial marine (CM) district shall be as follows:
    1. 1.
      Minimum lot dimensions:
      1. a.
        Lot area: 5,000 square feet.
      2. b.
        Lot width: 50 feet.
    2. 2.
      Minimum setbacks:
      1. a.
        Front: five feet, 25 feet when abutting a residential zoning district.
      2. b.
        Corner: 15 feet.
      3. c.
        Side: five feet, 25 feet when abutting a residential zoning district.
      4. d.
        Rear: zero feet.
    3. 3.
      Minimum building separation: 20 feet.
    4. 4.
      Maximum lot coverage by buildings: 60 percent.
    5. 5.
      Maximum lot coverage by impermeable surface: 75 percent.
    6. 6.
      Maximum building height: 200 feet.
    7. 7.
      Minimum required open space and landscape areas for nonresidential uses:
      1. a.
        Minimum required open space area: 40 percent.
      2. b.
        Minimum required landscape area: 25 percent.
    8. 8.
      Maximum floor area ratio:
      1. a.
        0.75 with a commercial (C) future land use designation.
      2. b.
        1.00 for a planned development with a commercial (C) future land use designation.
      3. c.
        0.75 with a commercial east (CE) future land use designation.
      4. d.
        1.0 for a planned development with a commercial east (CE) future land use designation.
    9. 9.
      Maximum density: 32.27 du/ac if in commercial east (CE) future land use designation and residential is developed in conjunction with nonresidential development.
    10. 10.
      Buildings or projects located on parcels with a commercial east (CE) future land use designation may develop either entirely with nonresidential uses, or as a mixed-use building or multiple-use project containing both nonresidential and residential uses. Projects shall not be developed entirely with residential uses.
    11. 11.
      Projects may be constructed up to the maximum square footage allowed by the floor area ratio (FAR). All nonresidential and residential use square footages shall be accounted for within the maximum allowed FAR. For the purposes of this section, FAR includes air-conditioned or fully enclosed storage spaces, enclosed areas on the rooftop such as bathrooms and lobbies, stairs and elevator areas, and external unenclosed circulation areas. The FAR calculation shall not include parking areas; unenclosed colonnades, porches and balconies; mechanical and electrical spaces; trash rooms; and storage spaces without windows and enclosed by surfaces that allow for natural ventilation or outside air circulation. The floor area shall be measured from the outside face of exterior walls.
    12. 12.
      More than 50 percent of the first floor of mixed-use buildings shall be used for nonresidential uses.
  • (Code 1979, § 33-66; Ord. No. 4449-13, § 12, 3-19-2013)

    Cross reference— Businesses and business regulations, ch. 22.

    Sec. 94-147. - Reserved.

    Editor's note— Ord. No. 4650-16, § 3(Exh. C), adopted Aug. 29, 2016, repealed § 94-147, which pertained to airport commercial (AC) district and derived from Code 1979, § 33-67; Ord. No. 4449-13, § 13, adopted March 19, 2013.

    Sec. 94-148. - Professional office residential (POR) district.

    Development standards for the professional office residential (POR) district shall be as follows:

    1. 1.
      Minimum lot dimensions:
      1. a.
        Lot area: 5,000 square feet.
      2. b.
        Lot width: 50 feet.
    2. 2.
      Minimum setbacks:
      1. a.
        Front: 25 feet.
      2. b.
        Corner: 15 feet.
      3. c.
        Side: ten feet.
      4. d.
        Interior side: ten feet.
      5. e.
        Rear: 15 feet.
    3. 3.
      Maximum coverage by nonresidential buildings: 60 percent.
    4. 4.
      Maximum lot coverage (nonresidential) by impermeable surface: 85 percent.
    5. 5.
      Minimum required open space and landscape areas for nonresidential uses:
      1. a.
        Minimum required open space: 40 percent.
      2. b.
        Minimum required landscape area: 15 percent.
    6. 6.
      Maximum nonresidential building height: 40 feet or two feet in height for each one foot setback from side and rear setbacks, whichever is greater.
    7. 7.
      Building separation: zero feet or not less than ten feet.
    8. 8.
      Maximum floor area ratio:
      1. a.
        Lot: 0.50.
      2. b.
        Planned development: 0.75.
    9. 9.
      Residential density. The maximum density under the POR district shall be 14 dwelling units per acre.
    10. 10.
      Mixed-uses. A project may utilize up to 100 percent of the allowable residential density, 100 percent of the allowable office intensity, or a portion of the allowable residential and a portion of the allowable office uses. For example: if developing with both residential and office uses, an owner chooses to develop 60 percent of the allowable residential density then they may also develop up to 40 percent of the allowable office intensity. If both office and residential uses are proposed on a site, they shall be located in the same building.
    11. 11.
      Mixed-uses parking. The number of parking spaces provided for any mixed-use structure constructed pursuant to the provisions of this section shall reflect the percentage of gross floor area apportioned to each use. The number of parking spaces shall be determined pursuant to the provisions of ARTICLE XV of this chapter. Any residential structure converted in whole or in part to a professional office, community residence or recovery community shall provide parking as required in ARTICLE XV of this chapter.
    12. 12.
      Additional landscape requirements. Any residential structure converted in whole or in part to a professional office or group home use shall provide a landscape buffer of at least five feet along the perimeter of all parking areas. The landscape buffer shall consist of hedges, shrubs, and trees as provided in ARTICLE XIV of this chapter.
    13. 13.
      Signage. Notwithstanding the provisions of ARTICLE XIII of this chapter, signage shall conform to the following:
      1. a.
        Low freestanding signs: One single-faced low freestanding sign shall be permitted, not to exceed four feet in height and four feet in width. Signs of this nature shall be located at least ten feet from any public right-of-way or property line, and shall conform to the visibility at intersection requirements of subsection 94-305(e).
      2. b.
        Wall, facade, canopy, marquee, and related building-mounted signs: One sign, located on any building side shall be permitted, not to exceed the lesser of one percent of gross wall area or 16 square feet.
      3. c.
        Other sign requirements: With the exception of the sign limitations provided in subsections (a) and (b) of this section, all signs shall meet the requirements of ARTICLE XIII of this chapter.
    14. 14.
      Accessory uses. Accessory uses and structures shall include, but are not limited to private recreational facilities, sheds, unattached sheds, tennis courts, swimming pools, and retail sales associated with medical offices. Retail sales associated with medical offices shall not exceed 20 percent of the gross floor area of the principal use.
    15. 15.
      Skilled Nursing and Rehabilitation facilities.  Facilities and structures shall conform to the provisions of the MF32 (multifamily high density) residential district. (See section 94-77.) Densities for skilled nursing and rehabilitation facilities are established as follows:
      1. a.
        Nursing homes, convalescent, rehabilitation and extended care facilities, and related uses:
        1. 1.
          Lot: 2.5 beds for each dwelling unit permitted under the provisions of the MF32 zoning district.
        2. 2.
          Planned district: 3.0 beds for each dwelling unit permitted under the provisions of the MF32 zoning district.
      2. b.
        Skilled nursing and rehabilitation facilities and other congregate living facilities: Density will be determined considering the anticipated impact of a proposed facility. Facilities of this nature may contain minimal kitchen equipment such as microwave ovens and small refrigerators subject to approval by the planning director.

    (Code 1979, § 33-68; Ord. No. 4449-13, § 14, 3-19-2013; Ord. No. 4957-21, § 6, 11-15-2021; Ord. No. 5014-22, § 3, 08-22-2022)

    Cross reference— Businesses and business regulations, ch. 22.

    Sec. 94-149. - Railroad Transition District (RTD).

    Development standards for the railroad transition district shall be as follows:

    1. 1.
      Minimum lot dimensions:
      1. a.
        Lot area: 5,000 square feet.
      2. b.
        Lot width: 50 feet.
    2. 2.
      Minimum setbacks:
      1. a.
        Front: 25 feet.
      2. b.
        Corner: 15 feet.
      3. c.
        Side: ten feet.
      4. d.
        Rear: 15 feet.
    3. 3.
      Maximum lot coverage by buildings: 60 percent.
    4. 4.
      Maximum lot coverage by impermeable surface: 85 percent.
    5. 5.
      Minimum required open space and landscape areas:
      1. a.
        Minimum required open space: 40 percent.
      2. b.
        Minimum required landscape area: 15 percent.
    6. 6.
      Maximum building height: 40 feet or two feet in height for each one foot setback from side and rear setbacks, whichever is greater.
    7. 7.
      Building separation: zero feet or not less than ten feet.
    8. 8.
      Maximum floor area ratio: 0.50
    9. 9.
      Residential density. The maximum density under the RTD district shall be 14 dwelling units per acre.
    10. 10.
      Mixed-uses. A project may utilize up to 100 percent of the allowable residential density, 100 percent of the allowable non-residential intensity, or a portion of the allowable residential and a portion of the allowable non-residential. For example: if developing with both residential and non-residential uses, an owner may choose to develop 60 percent of the allowable residential density and then may also develop up to 40 percent of the allowable non-residential intensity.
    11. 11.
      Parking. The number of parking spaces shall be determined pursuant to the provisions of ARTICLE XV of this chapter. Any residential structure converted in whole or in part to a non-residential use shall provide parking as required in ARTICLE XV of this chapter.
    12. 12.
      Additional landscape requirements. Any residential structure converted in whole or in part to a non-residential use shall provide a landscape buffer of at least five feet along the perimeter of all parking areas and any adjacent residential zoning district. The landscape buffer shall consist of hedges, shrubs, and trees as provided in ARTICLE XIV of this chapter.
    13. 13.
      Signage. Notwithstanding the provisions of ARTICLE XIII of this chapter, signage shall conform to the following:
      1. a.
        Low freestanding signs: One single-faced low freestanding sign shall be permitted, not to exceed four feet in height and four feet in width. Signs of this nature shall be located at least ten feet from any public right-of-way or property line, and shall conform to the visibility at intersection requirements of subsection 94-305(e).
      2. b.
        Wall, Façade, canopy, marquee, and related building-mounted signs: One sign, located on any building side shall be permitted, not to exceed the lesser of one percent of gross wall area or 16 square feet.
      3. c.
        Other sign requirements: With the exception of the sign limitations provided in subsections (a) and (b) of this section, all signs shall meet the requirements of ARTICLE XIII of this chapter.
    14. 14.
      Accessory uses. Accessory uses and structures shall include, but are not limited to private recreational facilities, sheds, unattached sheds, tennis courts, swimming pools, and retail sales associated with medical offices. Retail sales associated with medical offices shall not exceed 20 percent of the gross floor area of the principal use.

    (Ord. No. 4620-16, § 4, 4-25-2016)

    Secs. 94-150—94-170. - Reserved.