A. Certificate of Conformity.
1. General.
a. Purpose and Intent. The purpose and intent of this subsection is to set forth a uniform procedure to excuse any existing nonconformance of a parcel due to the necessary expansion of an abutting right-of-way such as through eminent domain action by the city or other governmental entity. Any nonconforming parcel so created shall be deemed a conforming parcel upon the issuance of a certificate of conformity as provided herein.
b. Applicability. This subsection shall apply to all properties impacted by the necessary expansion of an abutting right-of-way. Site improvements and conditions, including nonconforming features and uses existing prior to the time of the road widening, shall not be affected by this subsection. This subsection alone shall not cause a specific use on a property impacted by roadway expansion to cease.
2. Submittal Requirements. The applicant shall submit a letter indicating the details of the right-of-way expansion, along with the proposed site plan (in the number of copies specified by the Division). The site plan shall depict the following: 1) location of the ultimate right-of-way lines; 2) impervious surface (e.g. asphalt, concrete, etc.); and 3) configuration and dimensions of affected parking and landscaped areas. If the right-of-way expansion impacts either a landscape buffer abutting a right-of-way or a perimeter landscape buffer, then a revised landscape plan shall be required (in the number of copies specified by the Division).
3. Review Criteria. The granting of a certificate of conformity shall be provided, contingent upon compliance with the following review criteria:
a. Safety. The remainder parcel can reasonably and safely function after the completion of the roadway expansion.
b. Reduction in Development Standards. If a reduction in the size of a lot causes a nonconformity with respect to the minimum required lot area, setbacks, off-street parking, landscaping, sign location, or other development regulations, the structure(s) on the property, the use(s) within the structure(s), and other site improvements may continue to exist in the configuration remaining after the condemnation, except that:
(1) Access. The length of access ways shall not be less than ten (10) feet measured from the right-of-way, unless otherwise approved by the City Engineer;
(2) Direction. Ingress and egress to and from the site shall be in a forward direction. No backing out onto a right-of-way is allowed pursuant to Chapter 4, Article VII, Section 3.B.3.;
(3) Landscaping. In instances when off-street parking areas are exposed to public rights-of-way as a result of the roadway expansion, all properties shall provide a landscape strip abutting the subject roadway, to the maximum extent possible as deemed appropriate by the city. This requirement to have landscape strips abutting rights-of-way is for the purpose of screening off-street parking areas, and is not construed to supplant or supersede the provision for sidewalks and other non-vehicular use areas.
c. Off-Street Parking Areas. A structure or other site improvement may be enlarged or expanded if the enlarged or expanded portion meets the requirements of these regulations. In all instances, there shall be no reduction in required off-street spaces designated for physically disabled persons. Where off-street parking areas are reduced as a result of roadway widening, the following mitigating actions are encouraged:
(1) The use of off-site parking in accordance with Chapter 4, Article V, Section 2.A.3.;
(2) Joint access and cross parking agreements in accordance with Chapter 4, Article V, Section 3.B.; or
(3) Shared parking agreements in accordance with Chapter 4, Article V, Section 3.C.
d. Damage and Restoration of Structures. Structures and buildings that are nonconforming due to setback deficiencies as a result of a widening of a right-of-way, and which were issued a certificate of conformity, shall be allowed to restore or reconstruct the building or structure, but in accordance to what was approved in the original certificate of conformity.
e. Signs. Any existing, legally established freestanding sign(s) located on the property, which become(s) nonconforming as a result of the roadway widening project, may be relocated elsewhere on-site, in compliance with the standards of this subsection, and with Chapter 4, Article IV of these Land Development Regulations.
f. Vacant Lots. A vacant lot that is impacted by government action associated with roadway widening, to a size or configuration which is below the standards and requirements of the respective zoning district may be developed, but only in accordance with the nonconforming lot provisions of the supplemental regulations (Chapter 3, Article V, Section 11). Should the remainder of the vacant lot not qualify for development under the nonconforming provisions, the property will be considered a total taking and not eligible for development except in conjunction with an abutting lot.
g. Lot Combination. Lot combinations are encouraged for the purposes of creating safer, more functional and aesthetically pleasing developments and attaining a greater degree of compliance with Code requirements. This subsection may apply to the combined lots whether or not they are owned by the same person. Combined lots may be considered as a single lot for the purposes of applying property development regulations, provided either a cross-parking or cross-access agreement is executed. The agreement shall be made in the form acceptable to the City Attorney and recorded in the official records of Palm Beach County.
4. Approval Process. The Director of Planning and Zoning or designee shall review a complete application for a certificate of conformity and render a decision to issue or deny, within thirty (30) days of receipt of such request, based upon the review criteria set forth in this subsection.
5. Expiration. A certificate of conformity issued in accordance with this subsection shall automatically expire two (2) years from the date of issuance, unless redevelopment of the remainder parcel in accordance with the site plan has been completed within such two (2)-year period.
6. Time Extension. An application for an extension of time in letter form may be submitted to the Director of Planning and Zoning or designee under the following circumstances: 1) substantial completion of the landscaping per the site plan has been achieved; or 2) the delay in compliance with the approved site plan has been through no fault of the owner of the remainder parcel.
Under no circumstances shall the extension of time exceed one (1) year. The decision of the Director of Planning and Zoning shall be rendered within thirty (30) days of receipt of the letter requesting an extension of time. The decision of the Director of Planning and Zoning or designee may be appealed to the City Commission. For purposes of these appeals, no application fee shall be charged. The City Commission may reverse the denial for an extension of time and impose a new completion date upon a finding that the remainder parcel owner's failure to complete the project is through no fault of his/her own. Any subsequent, additional request for an extension of time shall be submitted directly to the City Commission. The City Commission shall determine whether an additional extension of time will be granted. The City Commission shall use the criteria above to determine whether an additional extension of time will be granted.
B. Lot Line Modification.
1. General. The purpose and intent of this subsection is to set forth a uniform procedure for the reviewing of proposed changes to property boundaries.
2. Submittal Requirements. The applicant shall submit a letter describing the proposed change, and include or attach any details of the affected property, including the site address and legal description. A survey, which clearly illustrates the proposed boundaries, dimensions, and easements, if any, shall be required.
3. Review Criteria. All proposed lot line modifications and lot splits shall comply with all the regulations of the respective zoning district, including density, size, and frontage requirements, as described in Chapter 3 of these Land Development Regulations. In addition, the following shall apply:
a. The modification to property boundaries do not result in the creation of more than two (2) lots;
b. The proposed modification may require the recording of additional easements to create access for utility infrastructure;
c. All newly created lots shall have no encumbrances on the subject property that would render the parcel(s) undevelopable;
d. The boundary changes shall not cause any structures on the affected properties to become nonconforming with respect to the minimum setbacks required by the zoning district or approving plat; and
e. Approval of a master plan modification is a prerequisite to any proposed change in property boundaries within a planned development.
4. Approval Process. Staff shall review each request for lot line modification and lot split, and action will be taken by the appropriate administrative official.
C. Mobile Vendor Approval.
1. General.
a. Purpose and Intent. The purpose and intent of this subsection is to set forth well-defined application processes, review criteria, and information to guide in the processing and review of mobile vending units (MVU) submittals.
b. Applicability. This subsection is applicable to any MVU proposed within the city in accordance with Chapter 3, Article V, Section 10
. It shall be unlawful for anyone to operate an MVU in the city without first obtaining the necessary approvals as contained herein.
c. Exception. Portable or mobile kitchens necessary to provide temporary food services in connection with permitted construction work are not subject to the removal requirement or size restrictions. Such temporary units must be removed immediately upon completion of the work.
2. Submittal Requirements. See Section 1.D. above for the submittal requirements of this application. Because of minimum separation requirements between each MVU, in those instances when more than one (1) application has been submitted for the same location, the earliest application shall be processed and forwarded to either the Planning and Development Board or the Community Redevelopment Agency, whichever is applicable.
3. Review Criteria. The MVU shall comply with the regulations and requirements of Chapter 3, Article V, Section 10. Site constraints and site plan functionality shall be satisfactorily addressed to justify the request.
4. Approval Process. Staff shall review the proposed location and dimensions of each MVU to ensure compliance with the review criteria contained herein, and provide a recommendation. Once an individual or assembly MVU application is approved, a permit fee shall be paid by the applicant, and business tax receipt or certificate of use received, prior to the operation of the MVU.
5. Expiration. Each approval for an MVU shall be effective for one (1) year, from October 1 until September 30, subject to annual renewal. Assembly permits are subject to the Special Event Permit regulations.
6. Fees. The annual renewal fees for an MVU shall be paid to the Business Tax Division in accordance with the fee schedule as adopted by the city.
7. Suspension. Approval of an MVU or assembly permit may be temporarily suspended by the city under the following circumstances: 1) when necessary to clear sidewalk areas for a "community or special event" authorized by the city; 2) when street, sidewalk, or utility repairs necessitate such action; or 3) when the city may cause the immediate removal or relocation of all or parts of the MVU or assembly in emergency situations.
8. Denial or Revocation. The City Magistrate, for business tax receipt and certificate of use, shall have the power and authority to deny or revoke the issuance or renewal of any application for MVU or Assembly under the provisions of these Regulations. In such instances, the applicant shall be notified in writing of the denial of an application or the suspension or revocation of an existing approval, and the grounds thereof. Upon such notification, the operation shall cease and desist until final action or outcome of the Magistrate. An application approved under these Regulations may be recommended for suspension or revocation by staff, based on one (1) or more of the following:
a. Florida Department of Business and Professional Regulation. Cancellation of the vendor's permit issued by the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation.
b. Expiration. Expiration, suspension, revocation or cancellation of any other business tax receipt, certificate of use or permit required by the vendor.
c. Fraud. The permit was procured by fraud or false representation of fact.
d. Consent. The abutting property owner or tenant withdraws consent, in writing, for the mobile vending unit.
e. Violations. Violations of this or any other ordinance, the city's municipal code, conditions of permit, or when conditions exist that present a threat to the public health, safety, or welfare.
f. Miscellaneous. If determined to be noncompliant with the review criteria contained herein or otherwise inconsistent with the original approval, or changing conditions warrant the removal of the unit from the site.
9. Appeal. Applicants who have been denied a request for an MVU or assembly permit or who have had their approval revoked may formally appeal such denial or revocation to the City Commission in accordance with Chapter 1, Article VIII.
D. Modification to Development Order.
1. General.
a. Purpose and Intent. The purpose and intent of this subsection is to set forth a well-defined application process, review criteria, and uniform procedure for processing requests to amend, modify, or delete any condition of approval of a previously approved development order.
b. Applicability. This application shall be applicable to any proposed amendment, modification, or deletion of any condition of approval of a previously approved development order.
2. Submittal Requirements. The applicant shall submit a letter indicating the condition or conditions requested to be modified, a detailed explanation for the proposed modification to the condition(s), and thorough responses to the review criteria of Section 6.D.3. below.
3. Review Criteria. The City Commission must find that the subject application meets the intent of the original condition, or that there are substantial mitigating factors, changing conditions, or new evidence that causes the condition to be unnecessary or burdensome. The following review criteria shall be used to justify an application for modification:
a. Whether the proposed request would demonstrate consistency with the Comprehensive Plan.
b. Whether the proposed request would not significantly detract from the livability or appearance of the city, and would be consistent with the established or desired character of the area or with the applicable redevelopment plan.
c. Whether the proposed request would further the intent of the city's environmental regulations, including the Tree Preservation Ordinance.
d. Whether the proposed request would have an adverse impact on property values of abutting or adjacent land.
e. Whether the proposed request would seriously reduce the quality or quantity of light and air available to adjacent properties.
f. Whether the proposed request is necessary to further the objectives of the city to promote sustainability in development, economic development and business promotion, and/or the provision for affordable housing.
g. Whether the proposed request meets the purpose and intent of these Regulations but conflicts with another site development standard or requirement, including sustainable development and green initiatives.
4. Approval Process. Staff shall review each application and provide a recommendation to the City Commission. The City Commission's options shall include, but not be limited to the following: 1) approve; 2) approve with conditions; 3) deny; or 4) remand the item to the Advisory Board for a review and recommendation. When the targeted condition was originally recommended by an advisory board, such advisory board shall review the application first and provide a recommendation to the City Commission.
5. Expiration. The approval of a modification to a development order shall remain valid as long as the corresponding application remains in effect. The approval of a modification does not extend the life of the corresponding application for whose the of the condition of approval of whose development order the subject request proposes to modify, amend, or delete.
E. Sidewalk Café Approval.
1. General.
a. Purpose and Intent. The purpose and intent of this subsection is to set forth a well-defined application process, review criteria, and uniform procedure for processing requests for sidewalk café approval.
b. Applicabilty. This subsection is applicable to any sidewalk café proposed on any sidewalk (within a public right-of-way) within the boundaries of the Community Redevelopment Agency (CRA), in accordance with Chapter 3, Article V, Section 9. It shall be unlawful for anyone to operate a sidewalk café without first obtaining the necessary approval. Sidewalk cafés shall be located only where permissible as prescribed herein.
c. Rules. For the purposes of this subsection, a "site plan" shall be construed to include either a new site plan or a major site plan modification.
2. Submittal Requirements. See Section 1.D. above for the submittal requirements of this application.
3. Review Criteria. Compliance with the regulations and limitations of a sidewalk café (see Chapter 3, Article V, Section 9). Review shall not continue on an application if it is determined that the property is the subject of any outstanding fines, monies, fees, taxes, or other charges owed to the city by the current or past owners or operators of the property requesting a sidewalk café permit.
4. Approval Process. Staff shall review each request for a sidewalk café approval for compliance with the regulations of Chapter 3, Article V, Section 9 and provide a recommendation to the CRA. The CRA shall take the following action: 1) approve; 2) approve with conditions; 3) deny; or 4) table the item until more information is collected. Site constraints and site plan functionality shall be satisfactorily addressed to justify the request.
5. Approval Process. Staff shall review each request for sidewalk café approval for compliance with the regulations of Chapter 3, Article V, Section 9, and provide a recommendation. The application shall be forwarded to the Community Redevelopment Agency (CRA). The CRA shall make a recommendation to the City Commission, and the City Commission shall take the following action: 1) approve; 2) approve with conditions; 3) table or defer their decision to a subsequent meeting in order to collect additional information or conduct further analyses; or 4) deny the request for sidewalk café approval. Once a sidewalk café application is approved by the City Commission, a fee shall be paid by the applicant and business tax receipt received prior to the operation of the sidewalk café.
6. Expiration. Each approval shall be effective for one (1) year, from October 1 until September 30, subject to annual renewal.
7. Fees. The annual renewal fees for a sidewalk café shall be paid to the Business Tax Division in accordance with the fee schedule as adopted by the city.
8. Revocation or Suspension of Approval. The approval for a sidewalk café may be temporarily or permanently suspended by the city under the following circumstances:
a. When it is necessary to clear sidewalk areas for a "community or special event" authorized by the city.
b. When street, sidewalk, or utility repairs necessitate such action or in an emergency situation.
c. Any necessary business or health permit, or the required insurance has been suspended, revoked or cancelled.
d. Any current violation of the City Code, County Code, or State Law on the premises has been found.
e. The operator exceeds the approved square footage by placing any additional tables, chairs, etc., beyond the approved area.
f. Changing conditions of pedestrian or vehicular traffic causes congestion necessitating removal of the sidewalk café. Such decisions shall be based upon findings of the city that the minimum required pedestrian path is insufficient under existing circumstances and represents a danger to the health, safety or general welfare of pedestrians or vehicular traffic.
g. The operator has failed to correct any violations of this article or conditions of approval within twenty-four (24) hours of receipt of the city notice of same, delivered in writing to such operator.
9. Revocation or Suspension Process.
a. The city shall serve, by certified mail or hand delivery to the address provided on the application, a written notice to the operator of the sidewalk café in those instances when the city believes the operator of the sidewalk café has engaged or is engaged in conduct warranting suspension or revocation of the sidewalk café. The written complaint shall cite the following elements: 1) the regulation and/or any ordinance that was, or is being violated by the operator; 2) the action the operator shall take or cease, in order to rectify the violation, if any; and 3) a reasonable time period for which the operator can cure such violation.
b. The operator shall be given adequate opportunity to request a review as provided herein, unless the city finds that an emergency condition exists, which poses serious danger to the public health, safety, morals, or welfare of the city; in which case, advance notice and hearing is not required. The licensee shall immediately be advised of the action taken by the city in the instances of an emergency suspension or revocation.
c. In non-emergency suspension or revocation situations, staff shall place the request to suspend or revoke the approval of the sidewalk café on the CRA agenda within a reasonable timeframe. The recommendation of the CRA shall be placed on the same City Commission agenda as the other items from the same meeting.
d. In emergency suspension or revocation situations, where prior approval is immediately suspended or revoked, a review of the operator's request for re-instatement shall follow as soon as the agenda schedule allows.
e. The decision of the City Commission shall be final. An applicant shall not be permitted to apply for another sidewalk café approval for a minimum of one (1) year following revocation by the City Commission.
f. Any person or entity operating a sidewalk café without approval or any property owner allowing the operation of a sidewalk café without approval shall be subject to penalties as provided in Chapter 1, Article I, Section 7.A.
10. Appeal. Any aggrieved party may appeal a final decision of the City Commission under this subsection by writ of certiorari as provided in Chapter 1, Article VIII.
F. Wireless Communication Facilities (WCF). See Chapter 3, Article V, Section 13 for the regulations pertaining to the review process of WCF.
G. Zoning Verification.
1. General. The purpose and intent of this subsection is to set forth a uniform procedure for the processing of formal requests from the public for written information from the city on zoning and land development regulations (i.e. zoning verification) or other data associated with real property or the applicable process for development or redevelopment thereof.
2. Submittal Requirements. The request shall be represented by a letter describing the desired information and must include any applicable details on the subject property, such as a legal description, site address, property owner, and the like.
3. Issuance of Zoning Verification Letter. Staff shall review each request and provide a written response.
H. Interpretation by Planning & Zoning Director.
1. General. The purpose and intent of this subsection is to set forth a uniform procedure for the processing of formal requests for Land Development Regulation interpretations.
2. Submittal Requirements. The request shall be represented by a letter describing the desired information, the code section for which interpretation is requested, and must include any applicable details.
3. Issuance of Interpretation by Planning & Zoning Director. Staff shall review each request and provide a written response.
(Ord. 10-025, passed 12-7-10; Am. Ord. 12-010, passed 6-19-12; Am. Ord. 12-016, passed 10-2-12; Am. Ord. 13-027, § 2, passed 10-1-13; Am. Ord. 15-003, passed 3-17-15; Am. Ord. 22-022, passed 11- 1-22)