West Palm Beach City Zoning Code

ARTICLE VI

- INDUSTRIAL DISTRICT

F

Footnotes:

--- (4) ---

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

Sec. 94-171. - Intent.

The intent of the industrial districts is to allow a variety of industrial and industrial-related activities and uses at specific locations within the city. Light industrial districts are located to minimize the effects of their activities on adjacent nonindustrial uses.

(Code 1979, § 33-71; Ord. No. 4660-16, § 4, 12-5-2016)

Sec. 94-172. - General development standards.

Use restrictions. Use restrictions in the industrial districts are established in ARTICLE IX of this chapter

Height, bulk, mass, and placement of structures. Regulations governing the height, bulk, mass, and placement of structures in all industrial districts are provided in this section and Table VIII-4.

Parking and loading. Parking and loading facilities in all industrial districts shall be provided pursuant to ARTICLE XV of this chapter.

Landscaping. Landscaping in all industrial districts shall be provided pursuant to ARTICLE XIV and under section 94-176 of this chapter. When in conflict this article shall prevail.

Signs. Signs in all industrial districts shall be regulated pursuant to ARTICLE XIII of this chapter.

Fences and walls. Fences and walls in all industrial districts shall be constructed pursuant to section 94-302. When in conflict this article shall prevail.

Installation of public utilities. All public utilities service connections, including telephone, cable and electric distribution service, shall be installed underground on all sites of 30,000 or more square feet. Also, nonresidential uses subject to the site design standards of section 94-35 shall install all utilities service connections underground.

Sidewalks. Sidewalks in all industrial districts shall be constructed as follows:

1.
Minimum sidewalk width: Five feet.
2.
Sidewalk paving requirements: All sidewalks shall be paved with concrete or other equally durable impervious surface as approved by the city engineer.

Visibility at intersections. Visibility at all intersections of public rights-of-way shall be provided pursuant to subsection 94-305(e).

(Code 1979, § 33-72; Ord. No. 4660-16, § 4, 12-5-2016)

Sec. 94-173. - Industrial light (IL) district.

The industrial light district is designated primarily for areas of light manufacturing, wholesaling, warehousing, assembly or product processing, and other light industrial uses. The industrial light district is established to provide areas for industry in locations that are not feasible or highly desirable for heavier industrial development because of proximity to residential, recreational and other uses that have the potential to be incompatible. This district permits uses that are compatible with uses of residential property adjoining or surrounding the district, with suitable open spaces, landscaping and parking area, which emits limited noise, odors, or light which can be detected on surrounding land. The following areas are zoned industrial light:

Northwood Area —There are two separate industrial light districts located in this area. The first is located south of 27th Street and north of Service Street between Windsor Avenue and the FEC railroad tracks and is occupied by motor vehicle repair uses, tile and marble uses. The second district is located south of 25th Street and north of 23rd Street between 25th Court and the FEC Railroad tracks and is occupied by a salvage yard, church, automotive repair business, warehouses and vacant land.

45th and I-95 —This industrial light district is located on the northwest corner of I-95 and 45th Street. This district is comprised of three parcels that are occupied within automotive and entertainment uses.

Corporate Way —This light industrial district is located on Corporate Way, north of 45th Street east of I-95. This area is comprised of office buildings/flex spaces that are occupied with office and retail related uses. This area permits office uses.

Old Okeechobee Road/Florida Mango Area —This district is located south of Okeechobee Boulevard, west of Australian Avenue and north Belvedere Road and is primarily comprised of office/flex space buildings, warehouses, small wholesaler business, schools and office buildings.

Georgia Avenue —This district is located between Southern Boulevard and Hunter Street on the west side of Georgia Avenue. This area is comprised of automotive repair business, outside storage business, wholesale businesses, warehouses and some retail uses.

Development standards in the industrial light district shall be as follows:

1.
Minimum lot dimensions:
1. a.
  Lot area: 5,000 square feet.
2. b.
  Lot width: 50 feet.
2.
Minimum setbacks:
1. a.
  Minimum setback from property line adjoining public right-of-way: zero feet.
2. b.
  Minimum setback from property line not adjoining public right-of-way: a minimum setback of at least 15 feet (buffer) will be provided when abutting residential districts; in all other areas: zero feet.
3.
Maximum lot coverage by building: 60 percent.
4.
Maximum lot coverage by impervious surface: 85 percent.
5.
Maximum building height: 50 feet.
6.
Minimum required open space and landscape areas:
1. a.
  Minimum required open space area: 40 percent.
2. b.
  Minimum required landscape area: 15 percent.
7.
Maximum floor area ratio:
1. a.
  0.75
2. b.
  Planned development: 0.75

(Ord. No. 4660-16, § 4, 12-5-2016)

Sec. 94-174. - Industrial (I) district.

The industrial district is designated primarily for areas of intensive manufacturing and industrial areas where related uses are clustered around each other or other areas capable of supporting such uses. The industrial district is established to provide areas for uses that are not compatible with primary commercial, institutional, and residential uses. Industrial uses are uses that may be offensive by reason of size, odor, fumes, noise, cinders, vibrations, heat, glare or electrical interference. Industrial uses may include brewery and distilleries, fuel storage and distribution, lumber related activities, auto dismantling or recycling yard and waste transfer facility. The following areas are zoned industrial:

Northwood Area —This district is located south of 27th Street and north of 25th Street between Windsor Avenue and the FEC railroad tracks within the Northwood/Pleasant City Community Redevelopment Agency boundaries. This area is comprised of historic Quonset Huts, scrap metal yards, contractor offices, lumber yard, tile business and various repair businesses.

Electronics Way —This district is located on Electronic Way, between 36th Street and 25th Street within the Northwood/Pleasant City Community Redevelopment Agency boundaries. This area is comprised of large warehouses that are mainly occupied by records storage and transportation related business.

Military Trail and 45th Street Areas —This district is mainly located on the south side of 45th Street, between Military Trail and Village Boulevard. There are some areas located north of 45th Street on the east and west side of Military Trail. This area is comprised of small flex warehouse/retail buildings that are mainly occupied by tile and equipment rental businesses.

Okeechobee Road —This district is located west of Parker Avenue, just south of Okeechobee Boulevard. This area is mostly comprised of small warehouse buildings, complexes for the City of WPB and the Town of Palm Beach, storage business, automotive repair businesses and retail uses.

Belvedere Road —This district is located just south of Belvedere Road between I-95 and Australian Avenue. This area is comprised of large warehouse buildings with outdoor storage that are mainly occupied by repair businesses, distributors, contractor offices, storage yards, government facilities and a small amount of retail.

Georgia Avenue —This district is primarily located between Monroe Road to the Southern City limits on the east side of Georgia Avenue. This area is comprised of warehouse buildings, outdoor storage, contractor offices, repair businesses, wholesale businesses, automobile sales and repair business and other industrial uses.

Indian Road —This district is located north of Okeechobee Boulevard, between Military Trail and Palm Beach Lakes Boulevard. This area is comprised of warehouse buildings, roofing contractors, automobile repair business and other industrial uses.

Up the Grove Lane —This district is located on the east side of Military Trail, north of 45th Street. This area is comprised of Florida Power and Light facilities.

Development standards in the industrial (I) district shall be as follows:

1.
Minimum lot dimensions:
1. a.
  Lot area: 5,000 square feet.
2. b.
  Lot width: 50 feet.
2.
Minimum setbacks:
1. a.
  Minimum setback from property line adjoining public right-of-way: zero feet.
2. b.
  Minimum setback from property line not adjoining public right-of-way: zero feet; however, a minimum setback of at least 15 feet (buffer) will be provided when abutting residential districts.
3.
Maximum lot coverage by building: 60 percent.
4.
Maximum lot coverage by impervious surface: 85 percent.
5.
Maximum building height: 50 feet.
6.
Minimum required open space and landscape areas:
1. a.
  Minimum required open space area: 40 percent.
2. b.
  Minimum required landscape area: 15 percent.
7.
Maximum floor area ratio:
1. a.
  0.75
2. b.
  Planned development: 0.75

(Code 1979, § 33-73; Ord. No. 4147-08, § 2, 7-28-2008; Ord. No. 4449-13, § 15, 3-19-2013; Ord. No. 4660-16, § 4, 12-5-2016)

Editor's note— Ord. No. 4660-16, § 4, adopted Dec. 5, 2016, renumbered § 94-173 as § 94-174.

Sec. 94-175. - Industrial districts neighborhood compatibility requirements.

Intent. The intent of neighborhood compatibility standards is to provide criteria to determine the anticipated impacts of proposed industrial development on surrounding residential zoning districts.

Application and enforcement.

1.
Application of standards.
1. a.
  If an existing structure contains industrial uses within an I or IL district and is expanded, enlarged, moved, structurally altered, or reconstructed, or any existing industrial use of land is enlarged, the neighborhood standards applicable to the district shall apply to the extent such use or structure is expanded, enlarged, moved, structurally altered, or reconstructed.
2.
Analysis.
1. a.
  All industrial uses subject to the site plan review requirements of section 94-35 shall submit a neighborhood compatibility analysis of proposed facilities and operations. Site plan approval shall not be granted unless there is compliance with all of the following requirements:
  1. 1.
    The analysis is prepared by qualified professional engineers or other appropriate professionals;
  2. 2.
    The analysis contains definite findings that the proposed facilities and operations will be in compliance with the impact standards of this section;
  3. 3.
    The applicant submits a sworn affidavit that the operation will be conducted in accordance with recommendations contained within the analysis, if recommendations are provided.
2. b.
  All existing uses may be subject to an investigation by the planning and zoning administrator if a possible violation of the impact standards is suspected.
3.
Impact standards.
1. a.
  Air quality standards.
  1. 1.
    Smoke. Every use shall be operated to prevent the emission of smoke as specified in F.A.C. ch. 17.2 "Rules of the Department of Environmental Regulations: Air Pollution," as revised.
  2. 2.
    Particulate matter. Every use shall be operated to prevent the emission of dust or other solid matter as specified in F.A.C. ch. 17.2 "Rules of the Department of Environmental Regulations: Air Pollution," as revised.
  3. 3.
    Odor. Every use shall be operated to prevent the emission of objectionable or offensive odors in such concentration as to be readily perceptible at any point at or beyond property lines on which the use is located as required in F.A.C. ch. 17.2, "Rules of the Department of Environmental Regulations: Air Pollution," as revised.
2. b.
  Glare. Any operation or activity producing glare shall be conducted so that direct or indirect light from the source shall not cause illumination in excess of 0.5 foot candles when measured in a residential district.
3. c.
  Vibration. All uses shall be operated in such fashion that ground vibration inherently and recurrently generated is not perceptible without instruments at any point on the property lines within which the use is located.
  1. 1.
    Vibration shall be measured at or beyond any adjacent lot line or residential district line as indicated in Table 1. Measurements shall not exceed the particle velocities designated. The instrument used for measurements shall be a three component system capable of simultaneous measurement of vibration in three mutually perpendicular directions.
    TABLE X-2:
    MAXIMUM GROUND TRANSMITTED VIBRATION
    ZONING DISTRICT
    PARTICLE VELOCITY IN INCHES PER SECOND
    ADJACENT LOT LINE
    RESIDENTIAL LOT LINE
    Residential District 0.10 0.02
    Industrial District 0.20 0.20
    TABLE X-2:
    MAXIMUM GROUND TRANSMITTED VIBRATION
    ZONING DISTRICT
    PARTICLE VELOCITY IN INCHES PER SECOND
    ADJACENT LOT LINE
    RESIDENTIAL LOT LINE
    Residential District 0.10 0.02
    Industrial District 0.20 0.20
    TABLE X-2:
    MAXIMUM GROUND TRANSMITTED VIBRATION
    ZONING DISTRICT
    PARTICLE VELOCITY IN INCHES PER SECOND
    ADJACENT LOT LINE
    RESIDENTIAL LOT LINE
    Residential District 0.10 0.02
    Industrial District 0.20 0.20
    TABLE X-2:
    MAXIMUM GROUND TRANSMITTED VIBRATION
    ZONING DISTRICT
    PARTICLE VELOCITY IN INCHES PER SECOND
    ADJACENT LOT LINE
    RESIDENTIAL LOT LINE
    Residential District 0.10 0.02
    Industrial District 0.20 0.20
  2. 2.
    Vibration is given as particle velocity, which may be measured directly with suitable instrumentation or computed on the basis of displacement and frequency. The following formula shall be used to compute particle velocity:
    P.V. = 6.28 F × D
    P.V. = Particle velocity, inches per second
    F = Vibration frequency, cycles per second
    D = Single amplitude displacement of the vibration, inches
    The maximum particle velocity shall be the vector sum of the three individual components recorded. Such particle velocities shall not exceed the values given in Table X-2.

1. 1. 3.
    Where vibration is produced as discrete impulses, and such impulses do not exceed a frequency of one second between impulses, then the applicable value in Table X-2 may be multiplied by two.
    4.
    Vibration resulting from temporary construction activity occurring between 7:00 a.m. and 6:00 p.m. shall be exempt from the requirements of this section.
  1. d.
    Fire and explosive hazards. All structures, uses, construction, manufacturing, and industrial and commercial activities within the city shall comply with the rules and regulations, as amended, adopted by the office of the state fire marshal, pursuant to F.S. ch. 633.
  2. e.
    Noise. See chapter 34, article II of this code.

c.
Design and impact standards.
1. 1.
  Lighting onto residential. No lighting shall be directed from an industrial or industrial light use, which is subject to the requirements of this code, in a manner which illuminates adjoining residential property and no source of incandescent or mercury vapor illumination shall be directly visible from any adjoining residential property. No neon lights inside or outside structures shall be visible from any adjoining residential property.
  1. a.
    Control of effects of lights from vehicles or other sources. Where the site plan indicates potential adverse effects of parking or of other sources on the lot on which the nonresidential use is to be located, such effects shall be eliminated or at a minimum prevented so that lights do not illuminate adjacent residential property below a height of six feet at the residential lot line, or from shining into any residential window if there is to be nonresidential parking on the premises after dark.
d.
Buffer yard requirements. When an industrial or industrial light use is contiguous to any residential property, the property where the use is located shall be required to have a landscaped strip area and a physical barrier between it and the residential property. Such landscape strip shall meet the following requirements:
1. 1.
  Landscape strip requirement. A ten foot wide landscape strip shall be located along all property lines which are adjacent to residential property. Such landscape strip shall include trees, shrubs and ground cover as provided in the landscape provisions of section 94-443(2), landscape and tree preservation requirements. The width of the landscape area shall extend to the property line. All required landscaping shall be protected from vehicular encroachment.
2. 2.
  Parking restrictions. No parking shall be located within ten feet of the property line, within the yard area required by the district in which the proposed nonresidential use is located, when such yard is contiguous to residential property.
3. 3.
  Dumpster regulations. All solid waste refuse containers (dumpsters) shall be set back a minimum of ten (10) feet from any property line which is contiguous to residential property, and shall be screened in accordance with the dumpster requirements provided in section 94-444(b).
4. 4.
  Loading facilities. Loading and service facilities shall be screened so as not to be visible from abutting residential property.
5. 5.
  Screening of rooftop mechanical equipment. All rooftop mechanical equipment and stair and elevator towers shall be designed as an integral part of the building volume and shall be required to be screened with material that matches the material used for the principal structure and shall be at least as high as six inches above the top most surface of the roof mounted structure.
6. 6.
  Wall requirements. A wall shall be required on the industrial or industrial light property, a minimum of seven feet in height, constructed in accordance with section 94-443(1)(b) and subject to the following:
  1. a.
    Shall be located within and along the length of the property line which abuts the residential property,
  2. b.
    When the industrial/industrial light property is located adjacent to an alley, such wall shall be located at least five feet from the right-of-way line located closest to the nonresidential property,
  3. c.
    When a utility or other public purpose easement on the industrial/industrial light property precludes the construction of wall, then an opaque fence, constructed in accordance with the standards described in section 94-443(1)(b), may be erected in lieu of the wall required by this section. The use of an opaque fence as a physical barrier between industrial and residential property shall be reviewed and approved by the planning and zoning division.
e.
Amortization application to existing uses. On or before December 31, 2021, all nonconforming uses of land which were in existence prior to such date shall comply with the requirements of subsection (d)(6) unless compliance would cause one or more of the following to occur:
1. 1.
  Demolition of any load-bearing portion of a building as it existed on December 31, 2016;
2. 2.
  Reduction of required parking spaces;
3. 3.
  Reduction in the number of parking spaces required if based on the parking requirements of section 94-486 parking and loading requirements in effect on and applicable to such use on December 31, 2016;
4. 4.
  Relocation of an existing wall which complied with the code prior to December 31, 2016;
5. 5.
  Would require the removal of an existing wall or comparably durable and aesthetic wood or metal, excluding metal or wood slats in chain-link fences, which complied with the Code prior to December 31, 2016;
6. 6.
  Access to the land would be substantially impaired;
7. 7.
  Installation of the wall required by subsection (d)(6) would require a modification of the existing vehicular use area which would impair traffic circulation on the site and a minimum five foot high hedge, fence or other physical barrier is in place along the length of the industrial property line which abuts the residential property;
8. In such cases, the use shall otherwise comply with the requirements of this section to the maximum extent possible; however, the requirement of subsection (d)(1) to install a landscape strip shall be met if an abutting residential property owner agrees in writing that the landscape strip may be placed on his or her property. An agreement in a form provided by the city must be executed by the applicant and the abutting property owner. If the abutting property owner removes the landscape strip after it has been installed, there shall be no further requirement to install another landscape strip on the abutting property in connection with the commercial use which existed at the time of the initial installation.

(Ord. No. 4660-16, § 4, 12-5-2016)

Secs. 94-176—94-200. - Reserved.

West Palm Beach City Zoning Code

ARTICLE VI

- INDUSTRIAL DISTRICT

F

Footnotes:

--- (4) ---

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

Sec. 94-171. - Intent.

(Code 1979, § 33-71; Ord. No. 4660-16, § 4, 12-5-2016)

Sec. 94-172. - General development standards.

Use restrictions. Use restrictions in the industrial districts are established in ARTICLE IX of this chapter

Height, bulk, mass, and placement of structures. Regulations governing the height, bulk, mass, and placement of structures in all industrial districts are provided in this section and Table VIII-4.

Parking and loading. Parking and loading facilities in all industrial districts shall be provided pursuant to ARTICLE XV of this chapter.

Landscaping. Landscaping in all industrial districts shall be provided pursuant to ARTICLE XIV and under section 94-176 of this chapter. When in conflict this article shall prevail.

Signs. Signs in all industrial districts shall be regulated pursuant to ARTICLE XIII of this chapter.

Fences and walls. Fences and walls in all industrial districts shall be constructed pursuant to section 94-302. When in conflict this article shall prevail.

Sidewalks. Sidewalks in all industrial districts shall be constructed as follows:

1.
Minimum sidewalk width: Five feet.
2.
Sidewalk paving requirements: All sidewalks shall be paved with concrete or other equally durable impervious surface as approved by the city engineer.

Visibility at intersections. Visibility at all intersections of public rights-of-way shall be provided pursuant to subsection 94-305(e).

(Code 1979, § 33-72; Ord. No. 4660-16, § 4, 12-5-2016)

Sec. 94-173. - Industrial light (IL) district.

Development standards in the industrial light district shall be as follows:

1.
Minimum lot dimensions:
1. a.
  Lot area: 5,000 square feet.
2. b.
  Lot width: 50 feet.
2.
Minimum setbacks:
1. a.
  Minimum setback from property line adjoining public right-of-way: zero feet.
2. b.
  Minimum setback from property line not adjoining public right-of-way: a minimum setback of at least 15 feet (buffer) will be provided when abutting residential districts; in all other areas: zero feet.
3.
Maximum lot coverage by building: 60 percent.
4.
Maximum lot coverage by impervious surface: 85 percent.
5.
Maximum building height: 50 feet.
6.
Minimum required open space and landscape areas:
1. a.
  Minimum required open space area: 40 percent.
2. b.
  Minimum required landscape area: 15 percent.
7.
Maximum floor area ratio:
1. a.
  0.75
2. b.
  Planned development: 0.75

(Ord. No. 4660-16, § 4, 12-5-2016)

Sec. 94-174. - Industrial (I) district.

Up the Grove Lane —This district is located on the east side of Military Trail, north of 45th Street. This area is comprised of Florida Power and Light facilities.

Development standards in the industrial (I) district shall be as follows:

1.
Minimum lot dimensions:
1. a.
  Lot area: 5,000 square feet.
2. b.
  Lot width: 50 feet.
2.
Minimum setbacks:
1. a.
  Minimum setback from property line adjoining public right-of-way: zero feet.
2. b.
  Minimum setback from property line not adjoining public right-of-way: zero feet; however, a minimum setback of at least 15 feet (buffer) will be provided when abutting residential districts.
3.
Maximum lot coverage by building: 60 percent.
4.
Maximum lot coverage by impervious surface: 85 percent.
5.
Maximum building height: 50 feet.
6.
Minimum required open space and landscape areas:
1. a.
  Minimum required open space area: 40 percent.
2. b.
  Minimum required landscape area: 15 percent.
7.
Maximum floor area ratio:
1. a.
  0.75
2. b.
  Planned development: 0.75

(Code 1979, § 33-73; Ord. No. 4147-08, § 2, 7-28-2008; Ord. No. 4449-13, § 15, 3-19-2013; Ord. No. 4660-16, § 4, 12-5-2016)

Editor's note— Ord. No. 4660-16, § 4, adopted Dec. 5, 2016, renumbered § 94-173 as § 94-174.

Sec. 94-175. - Industrial districts neighborhood compatibility requirements.

Application and enforcement.

1.
Application of standards.
1. a.
  If an existing structure contains industrial uses within an I or IL district and is expanded, enlarged, moved, structurally altered, or reconstructed, or any existing industrial use of land is enlarged, the neighborhood standards applicable to the district shall apply to the extent such use or structure is expanded, enlarged, moved, structurally altered, or reconstructed.
2.
Analysis.
1. a.
  All industrial uses subject to the site plan review requirements of section 94-35 shall submit a neighborhood compatibility analysis of proposed facilities and operations. Site plan approval shall not be granted unless there is compliance with all of the following requirements:
  1. 1.
    The analysis is prepared by qualified professional engineers or other appropriate professionals;
  2. 2.
    The analysis contains definite findings that the proposed facilities and operations will be in compliance with the impact standards of this section;
  3. 3.
    The applicant submits a sworn affidavit that the operation will be conducted in accordance with recommendations contained within the analysis, if recommendations are provided.
2. b.
  All existing uses may be subject to an investigation by the planning and zoning administrator if a possible violation of the impact standards is suspected.
3.
Impact standards.
1. a.
  Air quality standards.
  1. 1.
    Smoke. Every use shall be operated to prevent the emission of smoke as specified in F.A.C. ch. 17.2 "Rules of the Department of Environmental Regulations: Air Pollution," as revised.
  2. 2.
    Particulate matter. Every use shall be operated to prevent the emission of dust or other solid matter as specified in F.A.C. ch. 17.2 "Rules of the Department of Environmental Regulations: Air Pollution," as revised.
  3. 3.
    Odor. Every use shall be operated to prevent the emission of objectionable or offensive odors in such concentration as to be readily perceptible at any point at or beyond property lines on which the use is located as required in F.A.C. ch. 17.2, "Rules of the Department of Environmental Regulations: Air Pollution," as revised.
2. b.
  Glare. Any operation or activity producing glare shall be conducted so that direct or indirect light from the source shall not cause illumination in excess of 0.5 foot candles when measured in a residential district.
3. c.
  Vibration. All uses shall be operated in such fashion that ground vibration inherently and recurrently generated is not perceptible without instruments at any point on the property lines within which the use is located.
  1. 1.
    Vibration shall be measured at or beyond any adjacent lot line or residential district line as indicated in Table 1. Measurements shall not exceed the particle velocities designated. The instrument used for measurements shall be a three component system capable of simultaneous measurement of vibration in three mutually perpendicular directions.
    TABLE X-2:
    MAXIMUM GROUND TRANSMITTED VIBRATION
    ZONING DISTRICT
    PARTICLE VELOCITY IN INCHES PER SECOND
    ADJACENT LOT LINE
    RESIDENTIAL LOT LINE
    Residential District 0.10 0.02
    Industrial District 0.20 0.20
    TABLE X-2:
    MAXIMUM GROUND TRANSMITTED VIBRATION
    ZONING DISTRICT
    PARTICLE VELOCITY IN INCHES PER SECOND
    ADJACENT LOT LINE
    RESIDENTIAL LOT LINE
    Residential District 0.10 0.02
    Industrial District 0.20 0.20
    TABLE X-2:
    MAXIMUM GROUND TRANSMITTED VIBRATION
    ZONING DISTRICT
    PARTICLE VELOCITY IN INCHES PER SECOND
    ADJACENT LOT LINE
    RESIDENTIAL LOT LINE
    Residential District 0.10 0.02
    Industrial District 0.20 0.20
    TABLE X-2:
    MAXIMUM GROUND TRANSMITTED VIBRATION
    ZONING DISTRICT
    PARTICLE VELOCITY IN INCHES PER SECOND
    ADJACENT LOT LINE
    RESIDENTIAL LOT LINE
    Residential District 0.10 0.02
    Industrial District 0.20 0.20
  2. 2.
    Vibration is given as particle velocity, which may be measured directly with suitable instrumentation or computed on the basis of displacement and frequency. The following formula shall be used to compute particle velocity:
    P.V. = 6.28 F × D
    P.V. = Particle velocity, inches per second
    F = Vibration frequency, cycles per second
    D = Single amplitude displacement of the vibration, inches
    The maximum particle velocity shall be the vector sum of the three individual components recorded. Such particle velocities shall not exceed the values given in Table X-2.

1. 1. 3.
    Where vibration is produced as discrete impulses, and such impulses do not exceed a frequency of one second between impulses, then the applicable value in Table X-2 may be multiplied by two.
    4.
    Vibration resulting from temporary construction activity occurring between 7:00 a.m. and 6:00 p.m. shall be exempt from the requirements of this section.
  1. d.
    Fire and explosive hazards. All structures, uses, construction, manufacturing, and industrial and commercial activities within the city shall comply with the rules and regulations, as amended, adopted by the office of the state fire marshal, pursuant to F.S. ch. 633.
  2. e.
    Noise. See chapter 34, article II of this code.

c.
Design and impact standards.
1. 1.
  Lighting onto residential. No lighting shall be directed from an industrial or industrial light use, which is subject to the requirements of this code, in a manner which illuminates adjoining residential property and no source of incandescent or mercury vapor illumination shall be directly visible from any adjoining residential property. No neon lights inside or outside structures shall be visible from any adjoining residential property.
  1. a.
    Control of effects of lights from vehicles or other sources. Where the site plan indicates potential adverse effects of parking or of other sources on the lot on which the nonresidential use is to be located, such effects shall be eliminated or at a minimum prevented so that lights do not illuminate adjacent residential property below a height of six feet at the residential lot line, or from shining into any residential window if there is to be nonresidential parking on the premises after dark.
d.
Buffer yard requirements. When an industrial or industrial light use is contiguous to any residential property, the property where the use is located shall be required to have a landscaped strip area and a physical barrier between it and the residential property. Such landscape strip shall meet the following requirements:
1. 1.
  Landscape strip requirement. A ten foot wide landscape strip shall be located along all property lines which are adjacent to residential property. Such landscape strip shall include trees, shrubs and ground cover as provided in the landscape provisions of section 94-443(2), landscape and tree preservation requirements. The width of the landscape area shall extend to the property line. All required landscaping shall be protected from vehicular encroachment.
2. 2.
  Parking restrictions. No parking shall be located within ten feet of the property line, within the yard area required by the district in which the proposed nonresidential use is located, when such yard is contiguous to residential property.
3. 3.
  Dumpster regulations. All solid waste refuse containers (dumpsters) shall be set back a minimum of ten (10) feet from any property line which is contiguous to residential property, and shall be screened in accordance with the dumpster requirements provided in section 94-444(b).
4. 4.
  Loading facilities. Loading and service facilities shall be screened so as not to be visible from abutting residential property.
5. 5.
  Screening of rooftop mechanical equipment. All rooftop mechanical equipment and stair and elevator towers shall be designed as an integral part of the building volume and shall be required to be screened with material that matches the material used for the principal structure and shall be at least as high as six inches above the top most surface of the roof mounted structure.
6. 6.
  Wall requirements. A wall shall be required on the industrial or industrial light property, a minimum of seven feet in height, constructed in accordance with section 94-443(1)(b) and subject to the following:
  1. a.
    Shall be located within and along the length of the property line which abuts the residential property,
  2. b.
    When the industrial/industrial light property is located adjacent to an alley, such wall shall be located at least five feet from the right-of-way line located closest to the nonresidential property,
  3. c.
    When a utility or other public purpose easement on the industrial/industrial light property precludes the construction of wall, then an opaque fence, constructed in accordance with the standards described in section 94-443(1)(b), may be erected in lieu of the wall required by this section. The use of an opaque fence as a physical barrier between industrial and residential property shall be reviewed and approved by the planning and zoning division.
e.
Amortization application to existing uses. On or before December 31, 2021, all nonconforming uses of land which were in existence prior to such date shall comply with the requirements of subsection (d)(6) unless compliance would cause one or more of the following to occur:
1. 1.
  Demolition of any load-bearing portion of a building as it existed on December 31, 2016;
2. 2.
  Reduction of required parking spaces;
3. 3.
  Reduction in the number of parking spaces required if based on the parking requirements of section 94-486 parking and loading requirements in effect on and applicable to such use on December 31, 2016;
4. 4.
  Relocation of an existing wall which complied with the code prior to December 31, 2016;
5. 5.
  Would require the removal of an existing wall or comparably durable and aesthetic wood or metal, excluding metal or wood slats in chain-link fences, which complied with the Code prior to December 31, 2016;
6. 6.
  Access to the land would be substantially impaired;
7. 7.
  Installation of the wall required by subsection (d)(6) would require a modification of the existing vehicular use area which would impair traffic circulation on the site and a minimum five foot high hedge, fence or other physical barrier is in place along the length of the industrial property line which abuts the residential property;
8. In such cases, the use shall otherwise comply with the requirements of this section to the maximum extent possible; however, the requirement of subsection (d)(1) to install a landscape strip shall be met if an abutting residential property owner agrees in writing that the landscape strip may be placed on his or her property. An agreement in a form provided by the city must be executed by the applicant and the abutting property owner. If the abutting property owner removes the landscape strip after it has been installed, there shall be no further requirement to install another landscape strip on the abutting property in connection with the commercial use which existed at the time of the initial installation.

(Ord. No. 4660-16, § 4, 12-5-2016)

Secs. 94-176—94-200. - Reserved.

West Palm Beach City Zoning Code

ARTICLE VI

- INDUSTRIAL DISTRICT

F

Footnotes:

--- (4) ---

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

Sec. 94-171. - Intent.

(Code 1979, § 33-71; Ord. No. 4660-16, § 4, 12-5-2016)

Sec. 94-172. - General development standards.

Use restrictions. Use restrictions in the industrial districts are established in ARTICLE IX of this chapter

Height, bulk, mass, and placement of structures. Regulations governing the height, bulk, mass, and placement of structures in all industrial districts are provided in this section and Table VIII-4.

Parking and loading. Parking and loading facilities in all industrial districts shall be provided pursuant to ARTICLE XV of this chapter.

Landscaping. Landscaping in all industrial districts shall be provided pursuant to ARTICLE XIV and under section 94-176 of this chapter. When in conflict this article shall prevail.

Signs. Signs in all industrial districts shall be regulated pursuant to ARTICLE XIII of this chapter.

Fences and walls. Fences and walls in all industrial districts shall be constructed pursuant to section 94-302. When in conflict this article shall prevail.

Sidewalks. Sidewalks in all industrial districts shall be constructed as follows:

1.
Minimum sidewalk width: Five feet.
2.
Sidewalk paving requirements: All sidewalks shall be paved with concrete or other equally durable impervious surface as approved by the city engineer.

Visibility at intersections. Visibility at all intersections of public rights-of-way shall be provided pursuant to subsection 94-305(e).

(Code 1979, § 33-72; Ord. No. 4660-16, § 4, 12-5-2016)

Sec. 94-173. - Industrial light (IL) district.

Development standards in the industrial light district shall be as follows:

1.
Minimum lot dimensions:
1. a.
  Lot area: 5,000 square feet.
2. b.
  Lot width: 50 feet.
2.
Minimum setbacks:
1. a.
  Minimum setback from property line adjoining public right-of-way: zero feet.
2. b.
  Minimum setback from property line not adjoining public right-of-way: a minimum setback of at least 15 feet (buffer) will be provided when abutting residential districts; in all other areas: zero feet.
3.
Maximum lot coverage by building: 60 percent.
4.
Maximum lot coverage by impervious surface: 85 percent.
5.
Maximum building height: 50 feet.
6.
Minimum required open space and landscape areas:
1. a.
  Minimum required open space area: 40 percent.
2. b.
  Minimum required landscape area: 15 percent.
7.
Maximum floor area ratio:
1. a.
  0.75
2. b.
  Planned development: 0.75

(Ord. No. 4660-16, § 4, 12-5-2016)

Sec. 94-174. - Industrial (I) district.

Up the Grove Lane —This district is located on the east side of Military Trail, north of 45th Street. This area is comprised of Florida Power and Light facilities.

Development standards in the industrial (I) district shall be as follows:

1.
Minimum lot dimensions:
1. a.
  Lot area: 5,000 square feet.
2. b.
  Lot width: 50 feet.
2.
Minimum setbacks:
1. a.
  Minimum setback from property line adjoining public right-of-way: zero feet.
2. b.
  Minimum setback from property line not adjoining public right-of-way: zero feet; however, a minimum setback of at least 15 feet (buffer) will be provided when abutting residential districts.
3.
Maximum lot coverage by building: 60 percent.
4.
Maximum lot coverage by impervious surface: 85 percent.
5.
Maximum building height: 50 feet.
6.
Minimum required open space and landscape areas:
1. a.
  Minimum required open space area: 40 percent.
2. b.
  Minimum required landscape area: 15 percent.
7.
Maximum floor area ratio:
1. a.
  0.75
2. b.
  Planned development: 0.75

(Code 1979, § 33-73; Ord. No. 4147-08, § 2, 7-28-2008; Ord. No. 4449-13, § 15, 3-19-2013; Ord. No. 4660-16, § 4, 12-5-2016)

Editor's note— Ord. No. 4660-16, § 4, adopted Dec. 5, 2016, renumbered § 94-173 as § 94-174.

Sec. 94-175. - Industrial districts neighborhood compatibility requirements.

Application and enforcement.

1.
Application of standards.
1. a.
  If an existing structure contains industrial uses within an I or IL district and is expanded, enlarged, moved, structurally altered, or reconstructed, or any existing industrial use of land is enlarged, the neighborhood standards applicable to the district shall apply to the extent such use or structure is expanded, enlarged, moved, structurally altered, or reconstructed.
2.
Analysis.
1. a.
  All industrial uses subject to the site plan review requirements of section 94-35 shall submit a neighborhood compatibility analysis of proposed facilities and operations. Site plan approval shall not be granted unless there is compliance with all of the following requirements:
  1. 1.
    The analysis is prepared by qualified professional engineers or other appropriate professionals;
  2. 2.
    The analysis contains definite findings that the proposed facilities and operations will be in compliance with the impact standards of this section;
  3. 3.
    The applicant submits a sworn affidavit that the operation will be conducted in accordance with recommendations contained within the analysis, if recommendations are provided.
2. b.
  All existing uses may be subject to an investigation by the planning and zoning administrator if a possible violation of the impact standards is suspected.
3.
Impact standards.
1. a.
  Air quality standards.
  1. 1.
    Smoke. Every use shall be operated to prevent the emission of smoke as specified in F.A.C. ch. 17.2 "Rules of the Department of Environmental Regulations: Air Pollution," as revised.
  2. 2.
    Particulate matter. Every use shall be operated to prevent the emission of dust or other solid matter as specified in F.A.C. ch. 17.2 "Rules of the Department of Environmental Regulations: Air Pollution," as revised.
  3. 3.
    Odor. Every use shall be operated to prevent the emission of objectionable or offensive odors in such concentration as to be readily perceptible at any point at or beyond property lines on which the use is located as required in F.A.C. ch. 17.2, "Rules of the Department of Environmental Regulations: Air Pollution," as revised.
2. b.
  Glare. Any operation or activity producing glare shall be conducted so that direct or indirect light from the source shall not cause illumination in excess of 0.5 foot candles when measured in a residential district.
3. c.
  Vibration. All uses shall be operated in such fashion that ground vibration inherently and recurrently generated is not perceptible without instruments at any point on the property lines within which the use is located.
  1. 1.
    Vibration shall be measured at or beyond any adjacent lot line or residential district line as indicated in Table 1. Measurements shall not exceed the particle velocities designated. The instrument used for measurements shall be a three component system capable of simultaneous measurement of vibration in three mutually perpendicular directions.
    TABLE X-2:
    MAXIMUM GROUND TRANSMITTED VIBRATION
    ZONING DISTRICT
    PARTICLE VELOCITY IN INCHES PER SECOND
    ADJACENT LOT LINE
    RESIDENTIAL LOT LINE
    Residential District 0.10 0.02
    Industrial District 0.20 0.20
    TABLE X-2:
    MAXIMUM GROUND TRANSMITTED VIBRATION
    ZONING DISTRICT
    PARTICLE VELOCITY IN INCHES PER SECOND
    ADJACENT LOT LINE
    RESIDENTIAL LOT LINE
    Residential District 0.10 0.02
    Industrial District 0.20 0.20
    TABLE X-2:
    MAXIMUM GROUND TRANSMITTED VIBRATION
    ZONING DISTRICT
    PARTICLE VELOCITY IN INCHES PER SECOND
    ADJACENT LOT LINE
    RESIDENTIAL LOT LINE
    Residential District 0.10 0.02
    Industrial District 0.20 0.20
    TABLE X-2:
    MAXIMUM GROUND TRANSMITTED VIBRATION
    ZONING DISTRICT
    PARTICLE VELOCITY IN INCHES PER SECOND
    ADJACENT LOT LINE
    RESIDENTIAL LOT LINE
    Residential District 0.10 0.02
    Industrial District 0.20 0.20
  2. 2.
    Vibration is given as particle velocity, which may be measured directly with suitable instrumentation or computed on the basis of displacement and frequency. The following formula shall be used to compute particle velocity:
    P.V. = 6.28 F × D
    P.V. = Particle velocity, inches per second
    F = Vibration frequency, cycles per second
    D = Single amplitude displacement of the vibration, inches
    The maximum particle velocity shall be the vector sum of the three individual components recorded. Such particle velocities shall not exceed the values given in Table X-2.

1. 1. 3.
    Where vibration is produced as discrete impulses, and such impulses do not exceed a frequency of one second between impulses, then the applicable value in Table X-2 may be multiplied by two.
    4.
    Vibration resulting from temporary construction activity occurring between 7:00 a.m. and 6:00 p.m. shall be exempt from the requirements of this section.
  1. d.
    Fire and explosive hazards. All structures, uses, construction, manufacturing, and industrial and commercial activities within the city shall comply with the rules and regulations, as amended, adopted by the office of the state fire marshal, pursuant to F.S. ch. 633.
  2. e.
    Noise. See chapter 34, article II of this code.

c.
Design and impact standards.
1. 1.
  Lighting onto residential. No lighting shall be directed from an industrial or industrial light use, which is subject to the requirements of this code, in a manner which illuminates adjoining residential property and no source of incandescent or mercury vapor illumination shall be directly visible from any adjoining residential property. No neon lights inside or outside structures shall be visible from any adjoining residential property.
  1. a.
    Control of effects of lights from vehicles or other sources. Where the site plan indicates potential adverse effects of parking or of other sources on the lot on which the nonresidential use is to be located, such effects shall be eliminated or at a minimum prevented so that lights do not illuminate adjacent residential property below a height of six feet at the residential lot line, or from shining into any residential window if there is to be nonresidential parking on the premises after dark.
d.
Buffer yard requirements. When an industrial or industrial light use is contiguous to any residential property, the property where the use is located shall be required to have a landscaped strip area and a physical barrier between it and the residential property. Such landscape strip shall meet the following requirements:
1. 1.
  Landscape strip requirement. A ten foot wide landscape strip shall be located along all property lines which are adjacent to residential property. Such landscape strip shall include trees, shrubs and ground cover as provided in the landscape provisions of section 94-443(2), landscape and tree preservation requirements. The width of the landscape area shall extend to the property line. All required landscaping shall be protected from vehicular encroachment.
2. 2.
  Parking restrictions. No parking shall be located within ten feet of the property line, within the yard area required by the district in which the proposed nonresidential use is located, when such yard is contiguous to residential property.
3. 3.
  Dumpster regulations. All solid waste refuse containers (dumpsters) shall be set back a minimum of ten (10) feet from any property line which is contiguous to residential property, and shall be screened in accordance with the dumpster requirements provided in section 94-444(b).
4. 4.
  Loading facilities. Loading and service facilities shall be screened so as not to be visible from abutting residential property.
5. 5.
  Screening of rooftop mechanical equipment. All rooftop mechanical equipment and stair and elevator towers shall be designed as an integral part of the building volume and shall be required to be screened with material that matches the material used for the principal structure and shall be at least as high as six inches above the top most surface of the roof mounted structure.
6. 6.
  Wall requirements. A wall shall be required on the industrial or industrial light property, a minimum of seven feet in height, constructed in accordance with section 94-443(1)(b) and subject to the following:
  1. a.
    Shall be located within and along the length of the property line which abuts the residential property,
  2. b.
    When the industrial/industrial light property is located adjacent to an alley, such wall shall be located at least five feet from the right-of-way line located closest to the nonresidential property,
  3. c.
    When a utility or other public purpose easement on the industrial/industrial light property precludes the construction of wall, then an opaque fence, constructed in accordance with the standards described in section 94-443(1)(b), may be erected in lieu of the wall required by this section. The use of an opaque fence as a physical barrier between industrial and residential property shall be reviewed and approved by the planning and zoning division.
e.
Amortization application to existing uses. On or before December 31, 2021, all nonconforming uses of land which were in existence prior to such date shall comply with the requirements of subsection (d)(6) unless compliance would cause one or more of the following to occur:
1. 1.
  Demolition of any load-bearing portion of a building as it existed on December 31, 2016;
2. 2.
  Reduction of required parking spaces;
3. 3.
  Reduction in the number of parking spaces required if based on the parking requirements of section 94-486 parking and loading requirements in effect on and applicable to such use on December 31, 2016;
4. 4.
  Relocation of an existing wall which complied with the code prior to December 31, 2016;
5. 5.
  Would require the removal of an existing wall or comparably durable and aesthetic wood or metal, excluding metal or wood slats in chain-link fences, which complied with the Code prior to December 31, 2016;
6. 6.
  Access to the land would be substantially impaired;
7. 7.
  Installation of the wall required by subsection (d)(6) would require a modification of the existing vehicular use area which would impair traffic circulation on the site and a minimum five foot high hedge, fence or other physical barrier is in place along the length of the industrial property line which abuts the residential property;
8. In such cases, the use shall otherwise comply with the requirements of this section to the maximum extent possible; however, the requirement of subsection (d)(1) to install a landscape strip shall be met if an abutting residential property owner agrees in writing that the landscape strip may be placed on his or her property. An agreement in a form provided by the city must be executed by the applicant and the abutting property owner. If the abutting property owner removes the landscape strip after it has been installed, there shall be no further requirement to install another landscape strip on the abutting property in connection with the commercial use which existed at the time of the initial installation.

(Ord. No. 4660-16, § 4, 12-5-2016)

TABLE X-2: MAXIMUM GROUND TRANSMITTED VIBRATION
ZONING DISTRICT	PARTICLE VELOCITY IN INCHES PER SECOND
ZONING DISTRICT	ADJACENT LOT LINE	RESIDENTIAL LOT LINE
Residential District	0.10	0.02
Industrial District	0.20	0.20